The URL can be used to link to this page

City Council Packet - 10/21/2008 \ •f TIG'ARD-CIT, COU MICIL Ni"OfRRK,,,SHO,.,PME 'I G , c; Oct er 21, 2008 1 COUNCIL EETING WILL B TEL S D r JA0f3\D0n a` ccpkt2 1 City of Tigard Revised 10/21/08 - Item 6 Rescheduled to November 18, 2008 Workshop Meeting and Executive Session Added under ORS 192.660 (2)(d) - Labor Negotiations Tigard Workshop Meeting Agenda TIGARD CITY COUNCIL MEETING DATE /TIME: October 21, 2008 - 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Times noted are estimated. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (I'DD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The City Council Workshop meeting is taped and will be broadcast at the following times on Channel 30: Thursday noon Sunday noon. Friday 10:00 a.m. Monday 6:00 a.m. Tuesday 2:00 p.m SEE ATTACHED AGENDA TIGARD CITY COUNCIL AGENDA- OCTOBER 21, 2008 -REVISED 10121108 City of Tiga-4- 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 _ www.tigard-or.gov Page 1 of 2 City of Tigard 77 Tigard Workshop Meeting - Agenda 7rwiQ i TIGARD CITY COUNCIL MEETING DATE /TIME: October 21, 2008 - 6:30 p.m. -Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 1. WORKSHOP MEETING 1.1 Call to Order - City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD (DRAB) • Staff Report: Public Works Department 3. JOINT MEETING WITH THE PLANNING COMMISSION • Staff Report: Community Development Department 4. DISCUSSION ON RE-EVALUATION OF THE STREET MAINTENANCE FEE RATES • Staff Report: Community Development Department 5. DISCUSSION OF A PROPOSED TRESPASS AND EXCLUSION ORDINANCE TO ESTABLISH GENERAL RULES OF CONDUCT ON CITY PROPERTY • Staff Report: Police Department This item was rescheduled to November 18, 2008 Workshop Meeting. 6 RECE13, URnnl?'T nT`T WAS1= rT.;GTn Cr_N ~rrv IRR eis n7 e=MI F,Q T 4 e'.Q nn=T.rrr AI nnr rrv ISSLTS POE 4igal:d 7. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (d), to discuss labor negotiations. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session maybe held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8. ADJOURNMENT I:\ADM\Cathy\0C'.A\2008\081021 REVworlahop.doc TIGARD CITY COUNCIL AGENDA- OCTOBER 21, 2008 -REVISED 10121108 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171-1 www.tigard-or.gov Page 2 of 2 Agenda Item No. , Meeting of 1:2 o 6. 08 a _ ow- City of Tigard Tigard Workshop Meeting Minutes - - - TIGARD CITY COUNCIL MEETING DATE /TIME: October 21, 2008 - 6:30 p.m. -Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 1. WORKSHOP MEETING 1.1 At 6:35 PM Mayor Dirksen called the meeting to order. 1.2 Deputy City Recorder Krager called the roll: Name Present Absent Councilor Woodruff ✓ Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - Mayor Dirksen reported on a Metro Council meeting he attended. 1.5 Call to Council and Staff for Non-Agenda Items - Caty Manager Prosser noted that Item 6 - Discussion of the Washington County Urbanization Form - has been postponed to the November 18, 2008 Council Meeting to make room for an Executive Session added to the end of this meeting. 2. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD (DRAB) PRAB Members in attendance: Chair Brian Davies, Michael Freudenthal, Scott Bernhard, Kim Leinberger and Trisha Swanson PRAB Chair Davies reported on the past year's Park and Recreation Board activities, noting that it has been one year since the skate park opened, which has been very successful. He said the PRAB was active in park development and is looking for land for parks and open spaces. He said the City has purchased a few pieces of land and is in the process of developing them He said the PRAB has also been working on the Parks System Master Plan with MIG, Inc. in a process that includes visioning sessions with stakeholders and community TIGARD CITY COUNCIL MINUTES - OCI'OBER 21, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 8 members. He said a statistically valid survey was done this summer, based on a survey taken in 2004. He said PRAB is also working on finding ways to create a non-General Fund method of offsetting SDC's. PRAB Member Bernhard spoke about the 2008 Park and Recreation Needs Assessment Phone Survey results saying that 74% of those surveyed agreed with the statement, "I like the idea that the city is considering purchasing park land and protecting natural wetlands and greenways." He said 71% said they favored the City of Tigard creating a Recreation Division, a greater proportion than did in the previous study's response (57%). Councilor Sherwood asked when the survey was done. Acting Parks and Facilities Manager Martin said June, 2008. PRAB Member Bernard said Tigard stands alone as a city of its size that does not have a recreation division or department or its own recreation district. Councilor Woodruff questioned a survey response total that did not add up. Mayor Dirksen said he found several questions and answers that seemed to conflict with each other and he suggested it would be helpful if the survey consultants came in to clarify for Council any questions and responses. Chair Davies said the consultant told PRAB the study would be more valid if the same questions were used as in the prior study. City Manager Prosser asked for cost clarification because they were in 2004 dollars. Acting Parks and Facilities Manager Martin said costs were updated by the City's Finance Department. Councilor Wilson asked where the estimate for the community center came from, saying it seemed low. He said when people envision a community center they may think of the closest one - Conestoga, and think they can get that kind of facility for the price quoted. Councilor Buehner expressed concern about the survey's validity, not in June when it was taken, but in light of the changes to the economy in the past four months. She said there has been some resistance in the community regarding recreational center vs. more parks. She suggested that whatever happens with Tualatin's recreation ballot measure in November would be an indicator of where people are today. PRAB Member Bernard agreed but said at the same time, he wants Council to think of the future. Councilor Woodruff told the PRAB not to get discouraged and that it was their job to be looking at the future and seeing what the community's values are. PRAB Member Freudenthal said the survey is a tool for the Parks System Master Plan. PRAB Member Bernhard said they are setting forth indicators that have been present in the past, are still present and are growing. Councilor Woodruff said he was encouraged by the progress over the four years and mentioned that he particularly liked the survey questions that tie dollars to what people say they want. Councilor Wilson said Tigard should move for a bond measure in 2010 for open space which is becoming scarce and the City would be remiss not to give the voters a choice to support this. Mayor Dirksen said he is supportive of a recreation center. He suggested that citizens be asked what recreation programs they use now and what other programs they would like the City to provide. Start with the needs, not the facility. PRAB Chair Davies said the survey consultants did ask this question of stakeholders (open forum meeting) and the community (in questionnaires distributed at the Balloon Festival, for example) Councilor Wilson said he was surprised at some of the survey demographics which showed three-quarters of the households contacted did not have children under 18 in the home. He asked, "Are Tigard's demographics changing that fast or do we not have a statisticallyvalid sample here?" Councilor Sherwood noted the timing of survey phone calls makes a difference in who can participate. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 Cityof Tigard 13125 SWtHall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov ( Page 2 of 8 PRAB Member Freudenthal said the Board identified supporting the Open Space bond measure as a priority. He said they want to secure a non General Fund source of funding that will allow the City to use SDC funds. Councilor Buehner said she supports this and wants the PRAB to focus on securing open space before it disappears. Councilor Woodruff referred to the map attachment and said the Jack Park expansion and restroom access should be listed as well as the Summerlake Dog Park Acting Parks and Facilities Manager Martin said there are several errors on the map. Councilor Wilson suggested adding the Power Line Easement to the existing parks map and suggested mapping wetlands and sensitive lands. He said these are generally low value properties because they are not developable and we have an opportunity to purchase and link these properties together. He said he wanted to see in the Parks System Master Plan a "big goal" or vision, such as Portland's emerald necklace or the 40-mile loop. PRAB Member Bernhard agreed, saying it should "paint a picture." Mayor Dirksen said Council is committed to seeking a bond in 2010 for buying land for open space. 3. JOINT MEETING WITH THE PLANNING COMMISSION Planning Commissioners Present: Matthew Muldoon, Jodie Inman, Jeremy Verrnilyea, Rex Caffall, Tom Anderson, Karen Fishel, Stuart Hasman and David Walsh. Assistant Community Development Director Bunch led the discussion on long range planning objectives. He said the Comprehensive Plan Amendment has taken up much of the Planning Commission's time in the past year. He said since that project is almost complete, the Planning Commission developed a reprioritized list of goals at their October meeting. 1. Update the Tigard Triangle transportation and land use plans. 2. Update the Washington Square Regional Center transportation and land use plans. 3. Recommend to Council the Downtown Design Standards, Plan and Zoning Map changes and associated land use regulations. 4. Undertake Highway 99W and other integrated transportation and land use planning efforts. 5. Undertake updates to the Community Development Code, with early emphasis to the City's tree regulations and planned development code. Planning Commission Chair Inman said, "We have accomplished our one big goal, updating the Comprehensive Plan, and are now reprioritizing our focus into the next year but we want to ensure we're in sync with Council." Councilor Buehner asked if there was a timeline for the tree code portion of the development code. Assistant Community Development Director Bunch said the priority issue, which is the developer's interpretation, will get done as soon as possible. He said they will then run the other code amendment components parallel with Urban Forestry Program There is also a budget for a citizen survey. Councilor Buehner asked if the Downtown Design Code would come before Council by the end of next year. Mr. Bunch said an ordinance would come before Council at the beginning of the year with the larger work coming to Council by the end of the year. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 8 In response to Mayor Dirksen's question about whether the Planning Commission's proposed goals were listed in order of preference, Chair Inman said they were in no particular order. Mayor Dirksen suggested the following order of importance: 1. Recommend to Council Downtown Design Standards, Plan and Zoning Map changes and associated . land use regulations. 2. Undertake updates to the Community Development Code, with early emphasis to the tree regulations and planned development code. 3. Undertake Highway 99W and other integrated transportation and land use planning efforts. 4. Update Tigard Triangle transportation and land use plans to emphasize the area's potential to develop as a high-density, urban, mixed-use housing and employment center. 5. Update Washington Square Regional Center transportation and land use plans to leverage additional mixed-use and employment development into the area. Planning Commission Chair Inman noted there is strong commitment to working on two development code standards right away, the planned development and tree codes are important, high profile and sensitive issues. Planning Commissioner Vermilyea said the Planning Commission's future work requires a split personality as some work very detailed and some work is visionary. He said the Planning Commission is discussing with staff about how best to structure their meetings between visionary long-range goal development and the detailed work of code updates. Mayor Dirksen said he hoped there would be more than one staff team supporting the Planning Commission so things can be handed off and worked on concurrently. Councilor Wilson said there has not been much development since the Washington Square Regional Center plan was done years ago when he was on the Planning Commission. Commissioner Vermilyea said they aren't thinking about a big re-write, just revisiting and updating it. Commissioner Vermilyea noted that the Tigard Triangle will require more work because more things have changed in that area. Councilor Wilson said there is much to be done with coordinating with ODOT. Planning Commissioner Muldoon asked Council for feedback on the relative value of a high-level conceptual plan for a denser Tigard Triangle. He said there seems to be a clear benefit for increasing density and building height in this area for Tigard to reach regional goals with less impact on established neighborhoods. Councilor Wilson said the Council is on record preferring the highest and best use for the Tigard Triangle. Mayor Dirksen agreed, saying Tigard is working with ODOT to improve surrounding transportation corridors to the point where the property can be used for its highest and best use. Councilor Wilson noted ODOT doesn't limit downtown Portland development because 405 and I-5 are crowded. Councilor Woodruff expressed appreciation to the Planning Commission for their willingness and commitment to working on technical and long-range plans. He asked how the Target planning process is progressing. Current Planning Manager Bewersdorff said the City had just received Target's application, which is under review to determine if it can be deemed complete. It has yet to come before the Planning Commission but is expected to after the fast of the year. Councilor Woodruff asked if the Planning Commission had noticed fewer applications coming in because of the slowdown in the building industry. Chair Inman said there had not been as many private development applications coming before them TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 4 of 8 The Mayor and Council complimented the Planning Commission for their exceptional work on the Comprehensive Plan update. Assistant Community Development Director Bunch said the Transportation System Plan update will begin in December or January and will drive other transit plans. He said that they will also be working with properties on a vision for Highway 99W. Mayor Dirksen announced that the City of Tigard received notice today of a $586,000 grant award for a 99W active corridor 4-5 to Durham Road) management plan for traffic signalization software. Assistant Community Development Director Bunch said Engineer Duenas and Rights-of-Way Administrator McCarthy were instrumental in gaining this grant for the City. Mr. McCarthy gave an overview of the project and described the pedestrian and motorist benefits. Planning Commissioner Fishel asked what fraction of the cost the grant would cover. Mr. McCarthy said the. project cost is $636,000 with the $50,000 difference being staff time, mostlyfor ODOT Region 1 staff with just a small amount of staff time provided by Tigard. 4. DISCUSSION ON RE-EVALUATION OF THE STREET MAINTENANCE FEE RATES Engineer Duenas said the current Street Maintenance Fee revenue has lost value due to inflation. The rates no longer generate enough funding to maintain the City's streets. He said that keeping charges at current rates would result in rapidly deteriorating streets and much higher repair costs in the future. An increase in annual revenue from the original $800,000 target is needed. He gave a PowerPoint presentation, a copy of which is in the City Recorder's Office. Engineer Duenas said Tigard's 147 miles of roads represent an investment of over $140 million with an additional $120 million investment in curbing, sidewalks, drainage and rights-of-way. He discussed pavement life cycle and the timing of appropriate street maintenance. Engineer Duenas showed a map of Street Maintenance Fee Projects, by year. He said roads had deteriorated ahead of schedule and those identified for slurry seal in 1999 were too far gone by 2004 for that treatment. In response to a question from Mayor Dirksen about how long a treatment lasts, Engineer Duenas said, "If caught in time, within 5-7 years, you can avoid the higher cost of overlays." He said the City has an overall pavement condition index (OC) of 68. A reasonable goal over a 20-year period is an OCI of 75, which would allow the City to implement different treatments and keep the maintenance backlog between 10% and 15%. He said Tigard's backlog is currently at 10%, which is good. He said the OCI rate will drop if funded at the current level, leading to a steep deterioration in street conditions. He asked Council what level of pavement condition is acceptable. Councilor Wilson asked if the roads under discussion all belong to the City of Tigard. Engineer Duenas said the City is not spending any Street Maintenance Fees on ODOT's roads. Engineer Duenas said the Street Maintenance Fee evaluation also showed the need to appropriately categorize some local commercial/ industrial streets under the non-residential category. He said the proposed fee structure applies these categories more fairly and addresses the problem of trip methodology. He said staff recognizes that some local streets are being used by commercial drivers more frequently so costs should be paid by commercial and industrial users. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 9722344 P a 503-639-4171 www.tigard-or.gov Page S of 8 In response to -a question from Councilor Buehner about whether it takes more time to repair arterials, Engineer Duenas said it does as more materials are usually required and contractors may have to work night schedules. Engineer Duenas said the current residential rate is $2.18 and $ 0.78 for non-residential (per parking space based on Tigard's Development Code parking space requirements). He said this methodology is valid, with some recommended adjustments. He said the current percentage share is 58% residential and 42% non- residential. Recommended changes at the proposed $2,500,000 level break out as 55.2% residential and 44.8% non-residential. He said proposed monthly fee rates would be $5.34 for residential and $2.15 for non- residential. He said this funding level would get Tigard an OQ (Overall Condition Index) of 75. Engineer Duenas said an additional need is right-of-way maintenance on arterial and collector streets. He said poor right-of-way maintenance makes the City look bad and staff recommends funding this as an integral part of street maintenance. He said overgrown weeds in these areas can present a fire hazard during dry summer weather. He said the annual requirement for right-of-way maintenance is $300,000 and has not been approved in the past few budgets because of the lack of funding. With the ROW maintenance included, the proposed residential rate is $0.72 cents more, or $6.06; and the non-residential rate would increase by $0.29 to $2.44. Councilor Buehner asked if the right-of-way portion could be phased in later, given the current state of the economy. Engineer Duenas said sidewalk repair and maintenance are not addressed in this proposed fee increase but should be considered at a later time. Councilor Woodruff asked what it would cost to put in new sidewalks and Engineer Duenas replied that it would be a separate program Councilor Wilson commented that it was a bargain. He said if we don't take care of streets now it will cost us a lot more later. He complimented City staff on their excellent presentation, and suggested putting the PowerPoint on the website. Mayor Dirksen suggested putting it in the Cityscape. Councilor Woodruff said there should be more public education on this, including the split between commercial and residential. He agreed with Councilor Wilson that the dollar amount is not huge, but the percentage change is. People will also want to know how this affects their own street. Council President Sherwood said she was supportive but felt the timing was wrong. She asked if a decision on the rate increase could be put off so there is time for education and public comment. Engineer Duenas said staff wanted to get a decision before the end of the year. Council discussed tying the inflation cost to an index. Engineer Duenas said 6-6.5% was the recommendation for the next few years and would be used for the phase-in plan to establish certainty in the fee amounts until 2011. City Manager Prosser noted that the Ordinance uses a combination of indices to determine the inflation rate. Councilor Wilson suggested starting this later but phasing it in faster. City Manager Prosser recommended putting these changes into the master fee schedule as part of the budgeting process but looking at a later adoption and implementation if that is what Council wants. Mayor Dirksen said the City needs to allow a little more time for citizen review and response. He said putting this PowerPoint or other information on the website to allow time for citizen review. Council President Sherwood suggested talking about the streets that have been repaired in the past five years and those streets scheduled for future work. She said people need to see what is happening in their neighborhoods. Engineer Duenas said there are two Open Houses scheduled for public consideration of this ordinance amendment - November 19, 2008 in the Public Works Auditorium and December 11, 2008 in Town Hall. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 {City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 6 of 8 5. DISCUSSION OF A PROPOSED TRESPASS AND EXCLUSION ORDINANCE TO ESTABLISH GENERAL RULES OF GONDUC' ON CITY PROPERTY Police Chief Dickinson introduced this item and said that an officer came back from working with TriMet and described an exclusion tool that is helpful with problematic people on the transit system. He said the City already uses the exclusion process at the Library and staff wants to expand it to cover all City of Tigard property. Chief Dickinson said there have been instances in Tigard's court, utility billing, human resources and police lobby where angry or disturbed people disrupt others doing City business or working. He said the Library has a policy whereby they request an offender to leave and inform them that they may be excluded from the library for a number of days. He is proposing an ordinance allowing the Public Works Director (who is in charge of all facilities) to establish rules and regulations for conduct in City facilities. Councilor Buehner said asked if the City would have to provide jury trials? Chief Dickinson responded that those cases would be referred to the District Attorney. Councilor Woodruff asked if having this in place would have been helpful for things that happened at Town Hall. Chief Dickinson agreed that it would, noting that the City often contends with repeat offenders. Captain Bell said the Police Department has dozens of private trespass agreements with businesses already, yet doesn't have the same authority on City property. We have also had parking regulation problems on City property and currently have to go through a long process to get vehicles removed. He agreed that the ordinance may seem vague but said, "You can't post a rule for everything because you can't think of every instance." This ordinance allows for customization, i.e. being quiet in the library. It would also avoid the need to come back to Council repeatedly for ordinance amendments. Councilor Wilson said Rule No. 9 on page 4 - No person shall disdk-y any wasona& rayuest cf any City enplg -was too vague. He expressed concerns about staff overreaching and becoming heavyhanded. Chief Dickenson said there would be training for those authorized to administer the ordinance. In response to a question from Councilor Wilson about whether rights-of-way are included, Captain Bell said they are if owned and managed by the City. Captain Bell said when someone is excluded from City property, they will be told specifically and in writing, what that means and given a map showing the exact location where they are prohibited. He said Tigard police officers already issue exclusions on behalf of TriMet, ODOT and private property owners. A similar process would prevent mistakes and make it easier for officers. He said variances are part of the exclusion process. He gave an example of someone excluded from Town Hall being allowed to drop off their ballot at the box in the parking lot. There is a five-day window of opportunity to appeal after receiving an exclusion which can be extended by another five days. If an appeal has not been filed at the end of ten days, the exclusion becomes effective. Once an appeal is filed the exclusion is stayed indefinitely until a ruling. Mayor Dirksen asked Library Director Barnes for her input. She said her experience is that problems in the Library are behavioral not criminal, and the 90-day exclusion component is desirable. She said the Library TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of 8 experiences adults and junior high students behaving inappropriately. She said they currently have ten trained staff who can administer exclusions. Council President Sherwood asked how often this is used. Library Director Barnes replied it was used only a half a dozen times a year. Library Director Barnes referred to Rule No. 9 saying, "Some kinds of behavior, while not illegal, are inappropriate. Skateboarding in the library is not allowed." Chief Dickinson noted that before issuing an exclusion, a police officer or authorized employee shall first give the person a warning and reasonable opportunity to desist from the violation. An exclusion will not be issued if the person promptly complies with this request to desist. Captain Bell referred to a sample sign that could be posted in the police lobby. He said the proposed sign was based on a sign the City of Portland places in all their public buildings. Council agreed that staff should proceed with the proposed ordinance. In response to a question from Councilor Buehner, Chief Dickinson said it had received City Attorney review. Agenda Item No. 6 was rescheduled to the November 18, 2008 Workshop Meeting. 6. RR(-RTTTR RRDQRT(IT TWASJ=R~V_TQ-P1TCQ N42i T RBANZATTONPQA TAii A1,Qpgq:ET~g4AT PQ Q !SS TIC FOR '1 :,,,.rd 7. EXECUTIVE SESSION At 9:15 pm Mayor Dirksen announced that the Tigard City Council would enter into an Executive Session under ORS 192.660(2 (d), to discuss labor negotiations. At 9:49 p.m. Mayor Dirksen adjourned the Executive Session and.reconvened the Workshop Meeting. 8. ADJOURNMENT At 9:50 pm Mayor Dirksen adjourned the Workshop meeting. Carol A Krager , Deputy City corder Attest: Mayor, City of Tigard Date: / ta, C) S I:\ADM\Cathy\CCM\2008\081021 workshop.doc TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, 97223 503-639-4171 www.tigard-or.gov Page 8 o f 8 Agenda Item # Meeting Date October 21, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide joint Meeting with Park and Recreation Advisory Board (DRAB) Prepared By: Brian Rager Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL The Council is being asked to participate in a discussion and provide direction to the PRAB. STAFF RECOMMENDATION Staff recommends the Council participate in a discussion and provide direction to the PRAB. KEY FACTS AND INFORMATION SUMMARY The PRAB is interested in discussing the following topics: ■ Land Acquisition Bond Measure in 2010 Two documents, the Park System Master Plan (PSMP) and Park System Development Charges (SDC) Methodology Update, will help decision makers determine whether they would like to put a bond measure before the voters in 2010. The PSMP will be completed in late 2008 or early 2009. The methodology update is slated for 2009 and will determine if park SDC fees need to be adjusted and how SDC funds can be appropriated. ■ Responses to the 2008 Park and Recreation Needs Assessment Survey Data from the 2008 telephone survey and questionnaire will be reviewed and compared to responses received in 2004. In 2008, just over 71 percent of phone survey respondents expressed support for the creation of a City recreation division. ■ The PRAB's Activities The Board will update the Council on its activities since the PRAB and the Council last met. OTHER ALTERNATIVES CONSIDERED 0 None CITY COUNCIL GOALS Council Goal #2: Complete the update and begin the implementation of the Comprehensive Plan. The PSMP will help accomplish one of the tasks associated with Goal 8, the Parks, Recreation, Trails, and Open Space section of the Comprehensive Plan. Council Goal #5: Explore the possibility of placing a parks and greenspaces bond on the ballot in 2010 ATTACHMENT LIST 1. Abbreviated Results of the 2008 Park and Recreation Needs Assessment Phone Survey 2. Park System Master Plan Update Memo dated September 15, 2008 3. Draft Parks, Facilities and Recreation Services Update dated October 13, 2008 4. Existing Facilities Map FISCAL NOTES There are no direct costs associated with the discussion of these items. There is $20,000 in the FY '08209 budget to cover the cost of the upcoming SDC Methodology Update. Abbreviated Results of the 2008 Park and Recreation Needs Assessment Phone Survey (The participants in the survey were randomly selected from registered voters residing within Tigard's city limits. The 404 responses can be reasonably assumed to represent the opinion of the entire population with 95% confidence that the total result (if every resident had been surveyed would vary no more than +1-4.85% City of Tigard Park services do not include recreation programs. Many individuals and groups have come up with a variety of ideas to enhance recreational opportunities such as children's classes, day camps, summer programs, special events, and teen and adult programs such as sports leagues and classes. REC 1 First, would you favor or oppose the City of Tigard creating a city Recreation Division? Value Count Percent 2004 Results 1 FAVOR 287 71.04% 57% 2 OPPOSE 72 17.82% 31% 8 DON'T KNOW 40 9.90% 12% 9 NO ANSWER 5 1.24% Total 404 100.00% REC 2 A Recreation Division would cost approximately $980 thousand dollars a year. Would you support an operating levy of 21 cents per thousand dollars of assessed property value to fund the division? Value Count Percent 2004 Results 1 YES 223 55.20% 48% 2 NO 50 12.38% Note: in '04 survey 13% favored forming a Special Rec District for Tigard 8 DON'T KNOW 14 3.47% **39% 9 NO ANSWER 2 0.50% Missin * 115 28.47% Total 404 100.00% *Missing responses result from skipping those who responded unfavorably to the previous question *In '04 survey answers "neither, other, not sure/refused" totaled 39% Page 1 of 6 Abbreviated Results of the 2008 Park and Recreation Needs Assessment Phone Survey REC 3 There is also a suggestion that Tigard build a community recreation center with an indoor gym, classrooms, meeting rooms, and multi-purpose rooms. Would you favor or oppose a 20-year, 7.75 million dollar bond measure for a Community Recreation Center? This bond would cost each property owner 8 cents per $1,000 of assessed value. Value Count Percent 2004 Results 1 FAVOR 211 52.23% 41% 2 OPPOSE 164 40.59% 52% 8 DON'T KNOW 28 6.93% 9 NO ANSWER 1 0.25% Total 404 100.00% **REC 4 & 5 ARE ORAL RESPONSES ONLY - NO GRAPHS REC 6 If you knew that bond payments would be structured so that new residents who move to Tigard would assist in the payment of the bond measure would you favor or oppose the 7.75 million dollar bond measure? Value Count Percent 2004 Results 1 FAVOR 26 6.44% 49% 2 OPPOSE 121 29.95% 40% 7 REFUSED 1 0.25% 11% 8 DON'T KNOW 14 3.47% 9 NO ANSWER 2 0.50% Missing* 240 59.41% Total 404 100.00% *Missing responses result from skipping those who responded unfavorably to the previous question REC 7 If you knew that the community recreation center would provide opportunities for such things as live theater, children's programs, camps, teen and adult programs, and special events, would you favor or oppose the 7.75 million dollar bond measure? Value Count Percent 2004 Results 1 FAVOR 10 2.48% 52% 2 OPPOSE 121 29.95% 38% 8 DON'T KNOW 5 1.24% 10% 9 NO ANSWER 2 0.50% Missing* 266 65.84% Total 404 100.00% *Missing responses result from skipping those who responded unfavorably to the previous question Page 2 of 6 Abbreviated Results of the 2008 Park and Recreation Needs Assessment Phone Survey REC 8 In addition to the construction costs, a community recreation center would need an additional $460 thousand dollars a year for operation and maintenance. Would you favor or oppose a property tax increase of 10 cents per thousand dollars of assessed value in order to operate a new community recreation center? Value Count Percent 2004 Results 1 FAVOR 174 43.07% 42% 2 OPPOSE 54 13.37% 47% 8 DON'T KNOW 18 4.46% 11% 9 NO ANSWER 1 0.25% Missing* 157 38.86% Total 404 100.00% *Missing responses result from skipping those who responded unfavorably to the previous question **REC 9 & 10 ARE ORAL RESPONSES ONLY - NO GRAPHS NEW PARK 1 Another idea that has been suggested is that the City purchase lands for future parks and athletic fields. This would require a $5.7 million dollar bond measure and would increase property tax rates by 6 cents per $1,000 of assessed value. Would you favor or oppose this measure? Value Count Percent 2004 Results 1 FAVOR 173 42.82% 44% 2 OPPOSE 191 47.28% 45% 8 DON'T KNOW 39 9.65% 11% 9 NO ANSWER 1 0.25% Total 404 100.00% **NEW PARK 2 & 3 ARE ORAL RESPONSES ONLY - NO GRAPHS WETLAND 1 It has been suggested that the City purchase lands in order to protect wetlands and green space throughout the city. This would require a $5.7 million dollar bond measure and would increase property tax rates by 6 cents per $1,000 of assessed value. Would you favor or oppose this measure? Value Count Percent 2004 Results 1 FAVOR 194 48.02% 49% 2 OPPOSE 169 41.83% 41% 8 DON'T KNOW 39 9.65% 10% 9 NO ANSWER 2 0.50% Total 404 100.00% Page 3 of 6 Abbreviated Results of the 2008 Park and Recreation Needs Assessment Phone Survey "WETLANDS 2 & 3 ARE ORAL RESPONSES ONLY - NO GRAPHS CHOICE 1 Of the four ideas that have been suggested, creating a recreation division; constructing a recreation center, purchasing land for parks, and purchasing land for wetland and green spaces; which if any of these concepts would you be willing to vote for in a single bond measure? Value Count Percent 2004 Results 1 RECREATION DIVISION 51 12.62% n/a 2 RECREATION CENTER 58 14.36% 24% 3 LAND FOR PARKS 47 11.63% 13% 4 LAND FOR WETLANDS 61 15.10% 21% & GREEN SPACE 5 MORE THAN ONE 109 26.98% n/a CONCEPT 6 NONE GO TO AGREE I 50 12.38% 34% 7 REFUSED 1 0.25% 8 DON'T KNOW 25 6.19% 9 NO ANSWER 2 0.50% Total 404 100.00% CHOICE 2 How much more would you be willing to pay each year in property taxes in order to enhance recreational opportunities, purchase and develop park land, and preserve green spaces throughout the city? Amount er year $176.45 Average $100.00 Median 21 Respondents indicated they would not pay anything 154 Respondents indicated they did not know or did not offer a specific number value Page 4 of 6 Abbreviated Results of the 2008 Park and Recreation Needs Assessment Phone Survey AGREE 1 Thank you. We are almost done with the survey. I would like to read you five statements some people have made concerning recreation programs. For each statement please tell me if you agree or disagree. First, my taxes are already too high and I can not afford any of the recreation ideas being suggested? Value Count Percent 2004 Results 1 AGREE 167 41.34% 38% 2 DISAGREE 223 55.20% 56% 7 REFUSED 2 0.50% 6% 8 DON'T KNOW 11 2.72% 9 NO ANSWER 1 0.25% Total 404 100.00% AGREE 2 I like the idea that the city is considering purchasing park land and protecting natural wetlands and greenways. Value Count Percent 2004 Results 1 AGREE 301 74.50% 69% 2 DISAGREE 90 22.28% 25% 7 REFUSED 1 0.25% 6% 8 DON'T KNOW 9 2.23% 9 NO ANSWER 3 0.74% Total 404 100.00% AGREE 3 It is about time the City began providing additional recreation opportunities for residents. Value Count Percent 2004 Results 1 AGREE 242 59.90% 49% 2 DISAGREE 137 33.91% 43% 7 REFUSED 1 0.25% 8 DON'T KNOW 24 5.94% 8% Total 404 100.00% Page 5 of 6 Abbreviated Results of the 2008 Park and Recreation Needs Assessment Phone Survey AGREE 4 The city already has plenty of parks and athletic fields. Value Count Percent 2004 Results 1 AGREE 157 38.86% 42% 2 DISAGREE 201 49.75% 46% 8 DON'T KNOW 44 10.89% 12% 9 NO ANSWER 2 0.50% Total 404 100.00% AGREE 5 I like the city the way it is and feel we do not need additional recreational activities. Value Count Percent 2004 Results 1 AGREE 101 25.00% 30% 2 DISAGREE 274 67.82% 60% 8 DON'T KNOW 27 6.68% 10% 9 NO ANSWER 2 0.50% Total 404 100.00% CHILD Thank you, now I would like to end the survey with a few questions about you. First, do you have any children under age 18 living in your home? Value Count Percent Valid % 1 YES 94 23.27% 23.27% 2 NO 305 75.50% 75.50% 7 REFUSED 4 0.99% 0.99% 8 DON'T KNOW 1 0.25% 0.25% Total 404 100.00% 100.00% GENDER Are you male or female? Value Count Percent Valid % 1 MALE 162 40.10% 40.10% 2 FEMALE 239 59.16% 59.16% 7 REFUSED 3 0.74% 0.74% Total 404 100.00% 100.00% Page 6 of 6 Attachment 2 to Tigard City Council; Dan Plaza, Steve Martin from Ryan Mottau, Project Manager re Park System Master Plan Update date 9/15/08 This memo is intended to keep the Council up to date on the progress of the Park System Master Plan. As of mid-September, in the first three phases of the six-phase plan update process, the following tasks have been completed or are substantially complete: • Community tour; • Planning context memo; • First Park and Recreation Advisory Board meeting; • Recreation service providers matrix; • Two Technical Advisory Committee meetings; • Recreation provider focus group; • Seven stakeholder interviews; • Community questionnaire (online and on paper); • Community intercept event at the Tigard Balloon Festival; • Telephone survey retesting 2004 questions about parks, recreation, open space, and funding measures; and Public visioning workshop. A summary of each of the above tasks is available on the website, or can also be obtained by contacting staff. The final major piece of public involvement was the Public Visioning Workshop-completed on September 8`h-during the regular PRAB meeting time. This event included a variety of exercises to help finalize the vision for the future of parks and recreation in Tigard. The agenda included a brief description of the planning process and progress to date, an overview of the benefits of parks and recreation, a group discussion about major themes recognized in the planning process, a small group discussion of priorities, and closing comments. Twenty-five (25) community and board members attended the meeting. P L A N N I N G I D E S I G N I C O M M U N I C A T I O N S I M A N A G E M E N T I T E C H N O L O G Y 815 SW 2ND AVENUE, SUITE 200 1 PORTLAND, OREGON 97204-3022 1 PHONE 503.297-1005 1 FAX 503-297-3195 1 www,migcom.com Offices in Berkeley, Fullerton & Pasadena, CA I Eugene, OR I Raleigh, NC Tigard PSMP Update Memo The following are the major findings from the public visioning workshop: • Create downtown as a destination point through improved access, and a well-designed and attractive park. • Continue to add different size dog parks and dog programs. • Consider existing infrastructure when adding facilities for recreation programming. • Improve the connectivity of trails to parks and neighborhoods. • Special/City-wide events (e.g., music events, festivals, and organized walks), environmental education, and arts and culture programs are important to participants. The public involvement findings, gathered from multiple forms of input, from one-on-one interviews to scientific surveys, are being organized into themes that will guide our recommendations. The following are the three major themes. Parks, open space, trails and recreation services are important to Tigard residents. • On a five-point scale, 83% of questionnaire respondents indicated that these services are "Very Important." • Intercept participants selected a wide variety of additional recreation facilities and activities that they would like to see offered in Tigard. • Additional developed parks and natural areas are desired. Lack of convenient facilities • Phone survey results indicated a high willingness to pay for additional services. • The benefits of parks and recreation most indicated by questionnaire respondents were providing opportunities to enjoy the outdoors/nature and youth development • Small and large developed parks (supporting a variety of activities) are the most needed park type indicated in the questionnaire. Recreation programming is a highly desired service. • Every public involvement activity has raised this point. • The scientific telephone survey results indicate a very high interest in City-provided recreation programs (71 % in favor) and maintained support when a potential cost was included. • Special events, arts and culture and outdoor/environmental programming were most interesting to participants at the public visioning workshop. • The questionnaire results show support for large facilities (pool, recreation or community center) to support programming. • When asked about other funding measures, respondents to the telephone survey continued to emphasize their priority of creating new recreation opportunities. • Programming could start small, building on strengths of the park system. Page 2 Tigard PSMP Update Memo Open space and trails are valued resources. • The primary reasons people indicated that they use parks are to enjoy nature and to get exercise. • Most people think that some access to natural areas (appropriate to the site) is important. • Open spaces are an area that could be used to start programming opportunities. • Connections to key community locations are important to encourage walking and biking. Next Steps will include the finalization of the park and recreation inventory, leading into the technical assessment of community recreation needs. The public involvement themes and ongoing collaboration with staff and the Park and Recreation Advisory Board (PRAB) will help guide this assessment and the plan recommendations. Page 3 Attachment 3 SUMMARY MEMO Date: October 13, 2008 D Q To: Tigard Park and Recreation Advisory Board; Dan Plaza and Steve Martin, City of Tigard Parks From: Ryan Mottau, Project Manager, MIG, Inc. Re: Park System Master Plan Update PARKS, FACILITIES AND RECREATION SERVICES UPDATE This memo summarizes the analysis of existing parks, recreation facilities, programs, and operations. The purpose of this paper is to: • Provide an overview of the current park system; • Summarize recreation programming provided by the City and others in the area; and • Analyze Parks Department operations, organizational structure, and finances as these relate to the delivery of recreation and park services. ACHIEVEMENTS SINCE 1999 Tigard can be proud of its achievements since the adoption of the 1999 Plan. It is important to recognize these achievements, and to build on their momentum to ensure successful implementation of the Plan Update. Over the last nine years, major accomplishments have been: • Implementation of the Cook Park Master Plan • Addition of special use sites such as the Jim Griffith Memorial Skate Park, Potso and Ash Street Dog Park • Expansion/Connection of Fanno Creek Regional Trail system and many local trails Park land acquisition has been a focus over the years since the 1999 Plan, and the parcels that have been acquired are in various stages of planning and development. In addition to the acquisition of land for the development of the above mentioned special use sites, land has been acquired for neighborhood parks and trail segments, including Fanno Park, Bonita Park, Jack Park, and portions of Fanno Creek Trail. Other significant accomplishments include improving the drainage and condition of sports fields and building a pedestrian bridge across Tualatin River. Many of the projects were completed in partnership with other agencies. The land acquisition has brought the total park acreage up from 233 acres in 1999 to 402 acres in 2008. When compared to the 2007 population the park system provides an existing level of service of 8.6 acres/1,000 persons. TIGARD PARK SYSTEM MASTER PLAN ATE I 2008 D ~a j PARK LAND The update to the Park System Master Plan includes the previous park categories in the 1999 plan with the addition of two additional categories. These are special use areas and open space. The eight park categories are: • Pocket Parks, • Neighborhood Parks, • Community Parks, • Special Use Areas, • Linear Parks, • Trails and Connectors, • Open Space, and • Greenspace/Greenways This section details the definition, existing facilities and any changes to the overall park inventory for each of the park land categories. Table 1 provides a listing of the parks and accompanying facilities located at the site. POCKET PARKS Pocket parks provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. Existing pocket parks (2): • Liberty Park • Main Street Park These two small sites provide green space and beautification in the Tigard town center. Windmill Park, included as a pocket park in the 1999 plan, has been recategorized as a special use site. This change recognizes the use of this site as a historic site rather than providing basic recreation amenities. 2 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY Table 1: Tigard Parks Facilities -2 -2 Liberty Park 0.50 1 Main Street Park 0.28 1 Subtotal 0.78 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 wexxd_i iP~,'~ Bonita Park 7.70 1 4 1 1 2 1 1 1 Elizabeth Price Park 2.70 1 1 1 1 1 lack Park 6.00 1 1 2 1 1 0.38 1 Y 1 1 1 Northwiew Park 3.50 1 1 Y 1 1 Woodard Park 10.00 1 1 0.11 1 1 1 Subtotal 29.90 0 1 0 2 6 0 0 0 0 4 5 1.49 1 0 0 4 0 1 5 4 0 0 0 4 C('~a s~"La eID~f'y ' [P~nT~b~ Cook Park 79.00 2 2 5 1 2 2 2 1 1 3 1.2 Y 5 4 1 1 Y 15 3 1 2 Summerlake Park 29.80 1 1 2 2 2 2 1.7 Y 1 1 1 1 Y 3 3 1 3 Subtotal 108.80 2 3 5 2 4 2 4 2 1 1 5 2.9 2 6 3 2 2 2 18 6 1 1 0 5 ~?bRa 1kas~sy Ash Street Do Park 0.24 1 1 Potso Do Park 4.00 1 1 1 Tigard House 0.40 Windmill Park 0.15 _Jim Griffith Memorial Skate Park 1 Subtotal 4.79 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 2 1 2 8arax~rr Ipwe> Commercial Park 0.75 0.07 Englewood Park 15.10 1 3 1.17 Fanno Creek 31.45 1 Subtotal 47.30 0 0 0 0 1 0 0 0 0 0 3 2.24 0 0 0 0 0 0 0 0 0 0 0 0 TIGARD PARK SYSTEM MASTER PLAN ATE 1 2008 r NEIGBHORHOOD PARKS Neighborhood parks are the foundation of the parks and recreation system, as they provide accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Existing neighborhood parks (5): • Jack Park - Once providing only softball fields, Jack Park, is the only neighborhood park that contains a baseball field, which is suitable for little league play. A basketball court and two basketball hoops are located at the park. Jack Park no longer provides volleyball courts but residents do have access to an open turf area as well as play equipment. This park does have an irrigation system. Jack Park includes temporary/portable restrooms as well as a picnic area and drinking fountains. • Woodard Park - With 10 acres, Woodard Park is the largest neighborhood park. A picnic area and drinking fountains, as well as temporary/portable restrooms are provided at Woodard Park. Open turf areas and play equipment are located at the park. • Elizabeth Price Park - This park, when completed, will be the smallest neighborhood park (2.7 acres). Several amenities are planned for this park such as play equipment, paved path/trail, picnic tables, benches and drinking fountains. • Bonita Park - This park is one of the most recently constructed in the City. The site includes a total of 7.7 acres of land, which includes both active and natural spaces. One full basketball court and two additional half courts are available at the park along with an open turf area and play equipment. Bonita Park includes temporary/portable restrooms as well as a picnic area and drinking fountains. An irrigation system is located at this park. • Northview Park - This 3.5 acre park site was an undeveloped site reserved for park use prior to the staged development now underway. Currently the park includes open turf areas and play equipment. Also present are a soft surface path/trail and picnic area. The additions to the neighborhood park category bring the total acreage up from 8.76 acres in 1999 to 29.9 acres in 2008. When compared to the 2007 population this category of park land provides an existing level of service of 0.64 acres/1,000 persons. 4 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY TIGARD PARK SYSTEM MASTER PLAN UPDATE 1 2008 r ©I C COMMUNITY PARKS Community parks provide a variety of active and passive recreational opportunities for all age groups and are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include developed facilities for organized group activity as well as facilities for individual and family activities. Community parks also provide opportunities for environmental education and community social activities. Tigard's existing community parks (2): • Cook Park - The largest community park with 79 acres, this park contains five soccer fields, two softball and two baseball fields. A basketball court and two hoops are available as well as two horseshoe pits and volleyball courts. This park provides a boat ramp and dock with opportunities to fish. Open turf areas, play equipment, paved and soft surface paths/trails are accessible. Fifteen picnic areas and five group picnic areas along with four restroom structures are located at Cook Park. This park also contains a storage building and off-street parking. • Summerlake Park - This 29.8 acre park provides a baseball field, basketball court and two hoops in addition to the only tennis courts provided by the City of Tigard. Horseshoe pits and play equipment are available at this site. A group picnic area and restroom structure is located on site as well as other picnic areas and a temporary/portable restroom. This park also contains off- street parking and several drinking fountains. Community parks are the signature facilities in Tigard that promote community identity while also providing the local park services to nearby residents. The total acreage of the community park category is 108.8 acres. This is essentially unchanged from the 1999 plan, with a minor adjustment in measurement. The total acreage expressed as a level of service ratio equals 2.33 acres/1,000 persons. SPECIAL USE AREAS Special use areas are public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. Existing special use areas (5): • Potso Dog Park • Ash Street Dog Park • Windmill Park • Tigard House PARKS, FACILITIES AND RECREATION SERVICES SUMMARY 5 TIGARD PARK SYSTEM MASTER PLAN ATE 1 2008 • Jim Griffith Memorial Skate Park Since special use areas vary widely in function, there are no minimum size requirements, but special use areas must be large enough to accommodate the intended use. Support facilities such as parking and restrooms are often included. Since the 1999 Plan, Posto Dog Park, Ash Street Dog Park, and Jim Griffith Memorial Skate Park have been added to the park system. In addition, the Windmill Park was reclassified a special use area to bring attention to its historical value within the park system. LINEAR PARKS Linear parks may provide opportunities for trail-oriented outdoor recreation along built or natural corridors, connect residences to major community destinations, and may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. Tigard has three linear parks. The sizes of linear parks are adequate to protect natural resources and accommodate intended uses. For nearby residents of all ages, linear parks encourage an active healthy lifestyle by providing trail-oriented activities opportunities. Existing linear parks (3): • Commercial Park - This linear park is primarily used as a pedestrian route between Commercial Street and Center Street. • Englewood Park - This park is a 15-acre contains a little over one mile of paved pathways. In addition to the trail, there are three playgrounds and a basketball hoop. • Fanno Creek - With 31 acres of open space and a paved, multi-use trail, Fanno Creek is the largest linear park. TRAILS AND CONNECTORS Trails and connectors provide public access routes for commuting and trail- oriented recreational activities including sidewalks, bikeways, multi-use trails, and paths. They can be soft-surfaced or hard-surfaced. Examples of soft surfaces include soil, crushed rock and wood chips. Hardened surfaces include asphalt (permeable or impermeable), concrete, crushed rock or soil stabilized with resin products or cement, open or solid masonry and boardwalks. 6 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY TIGARD PARK SYSTEM MASTER PLAN UPDATE 1 2008 D Most soft surfaces do not provide accessibility for people with disabilities, but are preferable for some recreation activities, such as running. Most hardened surfaces are accessible, with the exception of some masonry surfaces. Hard-surfaced, multi-use pathway designs may incorporate adjacent soft-surfaced paths for running. INTERNAL PATHWAYS Trails within parks provide several benefits to park users. Walking is one of the healthiest activities for people of all ages, and surveys of communities across the western United States consistently reveal that walking for pleasure is one of the most popular recreational activities across all ages and income levels. Additionally, pathways that meet the needs of individuals with mobility issues increase access for all users. Internal pathways are located at the following parks: • Commercial Park • Cook Park • Elizabeth Price Park • Englewood Park • Fanno Creek Park • Jack Park • Northview Park • Summerlake Park • Woodard Park Trails are also located at the following school site: • Fowler Middle School TRAIL NETWORKS Trail networks provide connectivity between parks and sites within the city and throughout the region. They offer casual and commuter transportation opportunities for pedestrians and bicyclists. Tigard's trail system provides individual segments of Regional Trail and local trail networks. METRO, the regional government for the Portland Metropolitan area, of which Tigard is a part, is currently working with several local jurisdictions to develop a regional trails network. The 950 miles of existing and proposed trails will cross-jurisdictional lines of towns, cities and states to connect between parks, natural areas and other trails. According to METRO's definition, regional trails "typically are separated from road ways - either with curbs, plantings or other barriers... usually are larger in scope than neighborhood trails... (and) form connections between parks, natural areas and other trails." The following existing and proposed trails located in Tigard are included in METRO's Regional Trails and Greenway plan: PARKS, FACILITIES AND RECREATION SERVICES SUMMARY 7 TI GAR D PARK SYSTEM MASTER PLAN 1ATE 1 2008 Regional Trails' Fanno Creek Greenway Trail - This trail begins at Willamette Park on the Willamette River Greenway, just south of downtown Portland. It stretches 15 miles to the west and south through Beaverton, Tigard and Durham, and ends at the Tualatin River in Tualatin. Approximately half of the trail is complete; additional sections are under construction. Two key links on this trail remain to be built in Tigard. Beaverton Powerline Trail - An electric powerline corridor owned by PGE and BPA, this trail route runs from the Tualatin River near the Tualatin Wildlife Refuge north to Forest Park. Currently, some portions of the trail are complete, totaling more than 2 miles of the 16-mile trail. While not developed, this corridor passes through Northview Park and has potential to link Beaverton and Tigard. Local trail networks can also be found throughout the City of Tigard. Generally, the trails follow local creeks and development patterns. These local trails provide important connections between neighborhoods, to parks and schools and simply an off-street place to walk or bicycle for exercise. In addition to formal, paved or soft-surfaced, trails the City of Tigard is also working to identify informal "neighborhood connectors." These pathways exist but are not yet a part of the formal trail system. These could be added to the trail network through an easement or acquisition of land or recognized and developed where they are already on public lands. OPEN SPACE/GREENSPACE/GREENWAY Open space are public or privately owned areas, both undeveloped or minimally developed, intended for either active or passive outdoor recreation. Open spaces may include developed facilities that support outdoor recreation and trail-oriented recreation, or areas solely set aside for nature-oriented recreation and the protection of natural resources, such as fish and wildlife habitat. This type of land often includes wetlands, steep hillsides, or other similar spaces, as well as land intentionally left undeveloped to protect surrounding land uses or manage stormwater. Greenspace or greenway are areas intended to contain a natural quality that protects valuable natural resources and provides wildlife habitat and opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Greenways are often linear in nature. Information provided by METRO Regional Trails and Gneiiwgs 8 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY TIGARD PARK SYSTEM MASTER PLAN UPDATE 2008 D l Tigard owns 210 acres of open space, greenspace, and greenways. Much of the land is concentrated around creeks, the Tualatin River, and wetlands. In many cases, these lands are accessible through trails. SCHOOL SITES School sites are included in the park classifications given their contribution to the City's recreational and educational opportunities. These sites include playfields that range in size and amenities, since their design characteristics are based on the different opportunities for joint use offered at the school sites. Elementary school playfields often function as neighborhood park sites, and middle and high school playfields often function as community park sites. The playfields typically complement the amenities found on the adjacent school properties. There are five elementary schools, two middle schools, and one high school in Tigard to provide residents with additional spaces for active recreational pursuits. Some of the fields feature a running track in addition to ball fields and multi-purpose paved areas. Table 2 provides a list of schools and available facilities and amenities. RECREATION FACILITIES The current comprehensive plan defines community recreation facilities as the wide variety of indoor and outdoor sports and leisure facilities publicly owned and operated to promote the health and well-being of the community. Some are used primarily for active recreation, others designated for passive uses, with some overlap among or within individual facilities. The City of Tigard oversees two indoor recreation facilities-Senior Center and library. The Senior Center is operated by a third party. SOFTBALL FIELDS Softball fields must have a backstop, skinned infield and dugouts or player benches. Outfield and baseline dimensions vary with intended use. An outfield fence is not required, but fields must be level without holes or mounds. A total of seven softball fields are located in City of Tigard. Softball fields are located at the following park: • Cook Park (2) Softball fields are located at the following school sites: • Fowler Middle School (2) • Twality Middle School (1) • Tigard High School (2) PARKS, FACILITIES AND RECREATION SERVICES SUMMARY 9 Table 2: Inventory of Facilities for Tigard Schools . • Total Facility -C.) u Facility Acreage LL C4 cc~ mentaFtoo Alberta Rider 9.2 1 1 1 Charles F. Tigard 10.2 3(LL) 1 4 1 1 1 1 Durham 10.9 1 L 1 4 1 1 1 James Templeton 12.6 3 1 4 1 1 1 1 Mary Woodward 10.7 2(LL) 1 1 1 Subtotal 53.6 11 5 0 0 0 12 0 2 4 4 5 0 0 0 0 0 Middle Schools Fowler 25.7 2 1 4 1 1 6 5 2 1 Twality 15.6 1 1 1 2 1 4 2 2 Subtotal 41.3 3 2 5 3 2 0 10 7 0 4 0 0 0 1 0 0 0 1Tigh Schools Tigard High School 43.4 2 3 4 2 1 2 4 1 Subtotal 43.4 2 3 4 2 1 0 2 4 0 1 0 0 0 0 0 0 0 Undeveloped Proe Fowler Property 47.0 Other School District Property 18.8 Subtotal 65.8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 204.1 5 16 14 3 0 0 0 TIGARD PARK SYSTEM MASTER PLAN UPDATE 2008 ! I r rin, a ~ C D 1 BASEBALL FIELDS Baseball fields must have a backstop and dugouts, and may have a grass infield. Outfield and baseline dimensions vary according to intended age group and league. An outfield fence, although desirable, is not required. Fields must be level without holes. A total of 18 baseball fields exist in the City of Tigard. Baseball fields are located at the following parks: • Jack Park • Cook Park (2) • Summerlake Park Baseball fields are located at the following school sites: • Charles F. Tigard Elementary School (3) • Durham Elementary School (1) • James Templeton Elementary School (3) • Mary Woodward Elementary School (2) • Fowler Middle School • Twality Middle School • Tigard High School (3) SOCCER FIELDS Soccer field dimensions can vary in dimension according to the intended age group. However, in order to support regulation play, a soccer field must be at least 50 yards x 80 yards for youth and 60-75 yards x 110-120 yards for adults. Portable goals are generally used. Fields must be level without holes or mounds. A total of 18 soccer fields exist in the City of Tigard. Soccer fields are located at the following park: • Cook Park (5) Soccer fields are located at the following school sites: • Charles F. Tigard Elementary School • Durham Elementary School • James Templeton Elementary School • Mary Woodward Elementary School • Fowler Middle School (4) • Twality Middle School • Tigard High School (4) PARKS, FACILITIES AND RECREATION SERVICES SUMMARY 1 1 I TIGARD PARK SYSTEM MASTER PLAN ATE 2008 ~ r 4i ~ J SPORTS COURTS Outdoor basketball courts may be half court or full court configurations and are generally used for informal pickup games. Basketball courts are usually constructed in pairs at larger parks and schools. Courts must include regulation hoops and lines. The playing area should be covered with asphalt or some other hard surface. No major cracks or irregularities should exist. The City of Tigard has 4 outdoor basketball courts and 11 basketball hoops. The school district has 24 basketball hoops. Tennis courts are generally constructed in pairs or groupings of four or more. Courts must have adequate fencing, net and color-coated surface. No major cracks or surface irregularities should exist. Tennis courts are usually located at larger parks, such as community parks, or at high and middle schools. The City of Tigard has two tennis courts. The school district has 11 tennis courts and 2 tennis practice walls. Volleyball courts may be located indoors or outdoors. Outdoor surfaces include turf or sand. Regulation volleyball courts should be 60 feet by 30 feet in size, with a net height that varies with age and gender. Courts may be accompanied by seating areas. The City of Tigard has two volleyball courts. Sports courts are located at the following parks: • Jack Park • Bonita Park • Cook Park • Summerlake Park • Englewood Park Sports courts are located at the following school sites: • Charles F. Tigard Elementary School • Durham Elementary School • James Templeton • Fowler Middle School • Twality Middle School • Tigard High School 12 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY TIGARD PARK SYSTEM MASTER PLAN UPDATE 1 2008 1 t t r I l PICNIC AREAS Picnic areas are groupings of one or more picnic tables within a park setting. Picnic areas may be situated under shade structures or in permanent pavilions, in which case, they are referred to as group picnic areas. Group picnic areas should be able to accommodate groups of 25 or more. Often, barbecue pits or grills are provided. Drinking water and restrooms should be located within easy walking distance. Usually, group picnic areas can be reserved for a fee by groups for family or business events, weddings, and other gatherings. A total of 23 picnic areas are in the City of Tigard park system. Picnic areas and group picnic areas are located at the following parks: • Jack Park • Woodard Park • Elizabeth Price Park • Bonita Park • Northview Park • Cook Park • Summerlake Park RESTROOMS Restrooms can be unisex/single-occupant facilities, multiple single- occupant facilities within one structure, or gender-separated facilities of varying capacities. In addition to being self-contained or part of a larger community facility, restrooms can be temporary or portable. Restrooms are a highly valued facility, particularly at park sites that are distant from home and for activities that last multiple hours. A total of ten restrooms are in the Tigard Park system. Restrooms are located at the following parks: • Jack Park • Woodard Park • Bonita Park • Cook Park • Summerlake Park • Potso Dog Park PARKS, FACILITIES AND RECREATION SERVICES SUMMARY 13 TIGARD PARK SYSTEM MASTER PLAN 'ATE 2008 OFF-STREET PARKING Off-street parking is formally developed parking that is included within a park site. Existing surface treatments include paving and gravel/dirt. The standard for parking lots in Tigard is a paved surface. Tigard maintains three parking lots of varying sizes, mostly serving larger park types. Off-street parking is located at the following parks: • Jack Park • Cook Park • Summerlake Park PLAY EQUIPMENT Playgrounds may be developed in all shapes and sizes and may contain multiple design components. Children's play areas may be designed for different age groups to provide play opportunities for as many children as possible. These facilities can incorporate thematic areas with interpretive and educational elements. Playgrounds can be constructed using a variety of materials, but must include impact-attenuating surfacing and a sufficient barrier to separate preschool and school age areas and keep children safe from traffic and conflicting uses. There are 18 playground sites in the City of Tigard. Play Equipment/Playgrounds are located at the following parks: • Elizabeth Price Park • Jack Park • Woodard Park • Bonita Park • Northview Park • Cook Park • Summerlake Park • Englewood Park Play Equipment/Playgrounds are located at the following school sites: • Alberta Rider Elementary School • Charles F. Tigard Elementary School • Durham Elementary School • James Templeton Elementary School • Mary Woodward Elementary School 14 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY TIGARD PARK SYSTEM MASTER PLAN UPDATE 1 2008 ' Q l WATERFRONT AMENITIES Waterfront sites are highly valued for fishing, hiking, and swimming. Access to these rivers needs to include overlooks, trail access, as well as opportunities to launch small boats for fishing and floating. Boat use on the water varies from fishing boats to small craft such as kayaks and motor boating. Launch facilities vary as well. Small boat launches can be as simple as a clear path to walk canoes and kayaks down to the water. Boat ramps and docks provide water access for non- motorized or motorized boats and usually consist of concrete or other hard-surfaced materials. In general, boat trailer parking and other appropriate amenities accompany these facilities. Fishing docks provide a designated area for fishing from the shore (land) or adjacent to a water body. Fishing docks usually are constructed out of wood, metal, concrete or the combination of theses materials. Boat ramps and docks/fishing docks are located at the following park: • Cook Park RECREATION PROGRAMS This section provides an overview of the programming available in Tigard. Though the City of Tigard Parks Department does not have a recreation division, the City helps provide recreation opportunities by providing funds, facilities, and/or services to community organizations. In addition, the Tigard Library and Police Department provide some basic programming directly. Table 3 provides a list of recreation services provided by the City of Tigard. PARKS, FACILITIES AND RECREATION SERVICES SUMMARY 15 TIGARD PARK SYSTEM MASTER PLAN ATE 1 2008 Table 3: Recreation Services supported by the City of Tigard Program Youth Teens Adult 55+ FUW@ Tigard Library ✓ 00 Tigard Youth Football ✓ Tigard Basketball ✓ ✓ Tigard Swim Center ✓ ✓ ✓ Tigard-Tualatin Swim Club ✓ ✓ Tigard-Tualatin Water Polo Club ✓ ✓ Tigard Baseball ✓ ✓ Tigard Little League ✓ ✓ Tigard-Tualatin Babe Ruth Baseball ✓ ✓ Southside Soccer ✓ ✓ W@~W 414 Tigard Library ✓ Tigard Library ✓ @WORW DARE ✓ Tualatin Riverkeepers ✓ ✓ Tigard Senior Center ✓ 0 Tualatin Riverkeepers ✓ ✓ ✓ ✓ Sports programming is the primary organized recreation activity. Sports program opportunities are offered in football, basketball, swimming, water polo, and baseball. The Tigard Library offers a variety of recreation programming for teens. The major programs areas are fitness, martial arts, and arts, crafts, and hobbies. These are typically individual introductory level classes. The Tualatin Riverkeepers is a non-profit organization dedicated to the restoration and protection of the Tualatin River system. They offer environmental education programs for all ages and day camps for youth and teens. This group uses Cook Park extensively for their programming. 1 6 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY TIGARD PARK SYSTEM MASTER PLAN UPDATE J 2008 i OTHER PROVIDERS There are other recreation opportunities available by third party providers. The providers are private, non-profit, and adjacent city recreation organizations. The major program areas that these providers serve are fitness, sports, martial arts, performing arts, arts, crafts, hobbies, aquatics, summer camp, and environmental education. These programs are youth and adult focused and located at private membership based facilities or public facilities that require higher out of district fees for Tigard residents. SERVICE GAPS Currently, recreation programming supported by the City focuses on youth and teens and provides very few opportunities specifically for adults and seniors. In addition, the city offers minimal or no fitness, performing arts, martial arts, and aquatic programs. Third party recreation providers have at least partially filled this service gap for youth, teens, and adults. Generally, seniors have limited or no organized recreation program opportunities. OPERATIONS AND BUDGET The ongoing maintenance and development of the park system requires resources in the form of funding and staff support that the City commits in recognition of the benefits that these services provide to the citizens. This section briefly reviews the current status of these resources to provide a baseline for further analysis and recommendations in the plan update process. ORGANIZATION Parks and Facilities is a division under the Public Works Department of the City of Tigard. Public Works, in turn, is one of six departments under the city manager, mayor and city council. Parks and Facilities is managed separately from other public works functions. Within this division two functional groups exist with responsibilities over parks/grounds and facility services (responsible for maintaining public buildings). This organization recognizes the unique needs of a park system but does not quite raise it to the same level in the structure as library, administrative or community development services. An organization chart for the City, with Public Works detailed, is provided in Figure 1. OPERATIONS For analysis purposes, it is important to separate out the ongoing costs of operations from the one-time capital costs of park improvements, equipment purchases and other investments. The first discussion of the financial resources will include operating funding only. This summary is based on four years (2002-2006) of actual expenditures as reported in the annual budget of the City of Tigard. Also referenced are the 2006-2007 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY 1 7 TIGARD PARK SYSTEM MASTER PLAN ATE 1 2008 year's revised budget and the staffing changes made in the 2007-2008 budget. The use of actual expenditures, instead of budgeted figures is important to the accuracy of this analysis. The more recent budget figures will mainly be used to show where changes have occurred. Over the four year period examined, the total general fund (the amount of funding raised through taxes) for the City of Tigard has increased from $14,919,359 to 18,400,641, an increase of 23.3%. During the same period the total budget for public works increased by a similar amount (24.8%). However, the corresponding increase to the total parks and grounds budget was 18.2%. This indicates that the funding allocated to parks and grounds have not kept up with the growth in the City's resources over this period. The difference in these growth rates represents approximately $48,500 not present in the parks and grounds budget. Removing the capital portion of the Parks and Grounds budget shows an increase of 24.7% in operating expenditures, roughly equal to the growth in other areas. It appears that the difference in growth in the overall budget falls largely in the capital portion of this budget. The preliminary analysis of Tigard's operations budget also includes the balance of staffing and funding to acres of developed park land. These comparisons provide a rough measure of the acres maintained per maintenance employee and the total cost per acre of developed land. Based on the current developed park inventory of 192 acres the cost per acre of maintenance has grown from $31975/acre in 2002-03 to $4,957/acres in 2005-06. The largest increase over this period has been in materials and services. Maintenance staffing levels have remained constant but personnel costs increased 17% over these four years. The second ratio related to park operations is the number of developed park acres per maintenance staff position. Each full time equivalent staff position (F-fE) is responsible for a total of 19.2 acres of developed park land. This includes all park types except for open space and natural areas, which do require some maintenance but the largest effort is expended in developed parks. In the most recent year's budget one position, the urban forester, has been cut from the maintenance staff. The corresponding decrease in total cost will reduce the maintenance funding per acre, increase the acres per FIE and reduce the overall investment in park maintenance. 18 PARKS, FACILITIES AND RECREATION SERVICES SUMMARY CITY OF TIGAm CITIZENS oil' Mayor & City City Attorney } Council City Manager Community f= & Information City Administration Development Sen, es Library Police Public Works Public Works Director Assist PW Director Parks & Facilities Mgr. Streets Sanitary Sewer Storm Water Water Zet Maintenance Parks/Grotmds Facility Services July 2008 Attachment 4 a~ is tj Tigard Park System Master s i Plant plate P, 'k if I i ..rl. r rr.v ' t to r { 11 i 1045""'j i `4 Jlr ^,rl(~i: `e (J~arrlV ry9j ( ...t r rr i f ~ f.{tlrq~: _ j E 1 . ~ j Pr.(d. rrrr~, ~ {if S f rCU.....; s ~ i .n~ ..f: ? f { t~ j } 1 1 t' ( I~ I Existing Facilities r '3 Agenda Item # Meeting Date October 21, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Joint Meeting with Planning Commission p Prepared By: Ron Bunch Dept Head Approval: City Mgr Approval: A ISSUE BEFORE THE COUNCIL Council is to meet with the Planning Commission to discuss its work program and community planning priorities. Council, if it desires, may provide additional direction. STAFF RECOMMENDATION Discuss work program and community planning priorities with the Planning Commission, and provide additional direction if needed. KEY FACTS AND INFORMATION SUMMARY Council last met with the Planning Commission in February 2008 to discuss its work program and review the City's planning priorities. At the time, the Commission determined it had five broad goals for 2008: 1) Comprehensive Plan Implementation; 2) Revisit the Tigard Triangle and Washington Square Plans; 3) Downtown Planning and Redevelopment; 4) Highway 99W and Transportation Planning; and 5) Undertake Updates to the Community Development Code. The Commission, at its October 6, 2008 meeting, reviewed its previous goals. The following changes were recommended based on the fact the Comprehensive Plan project will soon be complete, and Plan implementation will begin in earnest: 1. Update the Tigard Triangle transportation and land use plans to emphasize the area's potential to develop as a high-density, urban, mixed-use housing and employment center; 2. Update the Washington Square Regional Center transportation and land use plans to leverage additional mixed- use and employment development into the area; 3. Recommend to Council Downtown Design Standards, Plan and Zoning Map changes and associated land use regulations; 4. Undertake Highway 99W and other integrated Transportation and land use planning efforts, and 1:\LRPI,N\Council Materials\2008\10-21-08 AIS Joint Meeting with Planning Commission.doc 1 5. Undertake updates to the Community Development Code, with early emphasis to the City's tree regulations and planned development code. Having worked to complete the Comprehensive Plan, staff also began several projects to implement the Plan. These specific tasks are listed in the appended memo (Attachment 1). Much of this work is consistent with the above Planning Commission objectives. Please note the Commission's previous objective, "Implementation of the Comprehensive Plan," was proposed by the Commission to be listed as a staff work program item. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment A: Memorandum from Staff FISCAL NOTES N/A l:\I.RPI..N\Council Materials\2008\10-21-08 AIS joint Meeting with Planning Commission.doc 2 ATTACHMENT 1 MEMORANDUM TIGARD':! TO: Mayor Craig Dirksen and members of the Tigard City Council FROM: Ron Bunch, Assistant Community Development Manager V`- RE: Implementation of the Comprehensive Plan DATE: October 6, 2008 Introduction The following summarizes work that staff is doing that is oriented to Comprehensive Plan Implementation. This material was also provided to the Planning Commission at its October 6, 2008, meeting as part of its work program/goal discussion. The following list is not prioritized, and the projects are in varying stages of development. Comprehensive Plan Implementation Actions in Progress 1. Land-use regulations and design standards for Downtown Tigard 2. Comprehensive plan and zoning map amendments for Downtown Tigard 3. Update of the Tigard Transportation System Plan (TGM Grant) includes update of Tigard Triangle and Washington Square Transportation Plans 4. Adoption of Tigard 99W Improvement and Management Plan Recommendations (TSP Amendment) 5. Tigard Neighborhood Trails Study (TGM Grant) 6. Tigard Urban Forest Master Plan (Periodic Review) 7. Public Facility Plan (Periodic Review) 8. Economic Opportunities Analysis (Periodic Review) 9. Tree Code Amendments 10. Redevelopment of Tigard Transit Center 11. Downtown Urban Design Vision Acceptance 12. Tigard 99W Light Rail - Metro Highway Capacity Transit Study 13. Highway 99W Land Use and Urban Design Vision 14. Amend Development Code to recognize that Metro has rescinded its Functional Plan 80% Minimum Density Requirement 15. Planned Development Standard Update lALRP1.N\Council Materials\2008\10-21-08 Attachment 1 -joint fleeting with Planning Commission.doc 1 Implementation Not Started 1. Planned Development Standards 2. Design Standards for density transfer projects 3. Omnibus Development Code Amendments 4. Tigard Triangle Land Use Plan (to follow transportation planning effort) IALKP1.N\Council Materials\2008\10-21-08 Attachment 1 -joint Meeting with Planning Commission.doc 2 RECEIVED Pert -~u CA"lef,cl, OCT 2 1 2008 /d 2/ -aP Oregon Dr~app~jTransportation NNlws Re%ase Administrat69egon Transportation commission October 21, 2008 08-224 For more information: Patrick Cooney, (503) 986-3455, or Galen McGill, (503) 986-4486 Innovative traffic projects receive funding The Oregon Transportation Commission today approved eight projects to receive funding through the Oregon Department of Transportation's Operations Innovation and Demonstration Program. The program includes $8 million for projects that demonstrate the ability to reduce congestion or improve freight mobility. ODOT received 33 project proposals totaling more than $30 million. After a selection committee reviewed the proposals, eight projects were recommended for funding. The eight projects are: U.S. 26 Adaptive Signal System City of Portland An adaptive signal control on Powell Boulevard between Ross Island Bridge and 52"d Avenue. Integration of Transit Signal Priority with adaptive signal control, development of arterial performance measure data. Contribution: $1,639,677 Total Project Cost: $1,639,677 Probe Data for Traveler Information ODOT ITS Three-year contract for private sector travel time data for freeways and major arterials in Eugene/Springfield. Will enable travel time messages on variable message signs, TripCheck and 511. Contribution: $670,000 Total Project Cost: $2,309,677 Corvallis ATMS City of Corvallis Implementation of a central signal system in downtown Corvallis for eight intersections on Harrison Boulevard and Van Buren Avenue. Proposal is focused on improved signal management to deal with downtown congestion and improved capability to implement special event timing plans. Contribution: $505,500 Total Project Cost: $2,815,177 The Oregon Transportation Commission agenda, past agendas and minutes, meeting schedules and more are available on the Internet at http://www.oregon.gov/ODOT/COMM/otc_main.shtml. The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting to Kim Jordan, commission assistant, (503) 986-3450. Innovative projects receive funding Page 2 Delta Highway ITS Lane County Queue warning system on Delta Highway. Proposal is focused on rear end crash reduction caused by queue formation resulting from congestion at the Delta Highway and Be/tline Interchange. Proposal is on a county facility, but variable message signs installed in project will also be used for information about Beltline. Contribution: $1,390,890 Total Project Cost: $4,206,067 Active Traffic and Incident Management ODOT Region 1 Proposal includes two subprojects: contracts to keep tow trucks on standby during peak periods on the 1-511-405 corridor in Portland; implementation of speed harmonization and queue warning to reduce rear end crashes and smooth traffic flow on southbound 1-5 and P 405 near the merge. Operations Contribution: $1,730,000 Total Project Cost: $5,936,067 Oregon 9-1-1 CAD Interconnect ODOT Region 4 Implement capability to share incident information electronically between ODOT, Oregon State Police and 9-1-1 centers in central Oregon. This project will improve the efficiency of incident response, particularly during large events when operations staff is overwhelmed. Contribution: $652,750 Total Project Cost: $6,588,817 99W Active Corridor Management ODOT Region 1 Project implements new 2070 controllers and Voyage software at 21 intersections on 99W in Tigard between 1-5 and SW Durham Road. The project provides an opportunity to see how ` much benefit can be obtained from this low-cost improvement compared to the more expensive adaptive signal control software. Contribution: $586,000 %1$/ b . 's Total Project Cost: $7,174,817 from ®w~~ r Tualatin Sherwood Road Adaptive Signal System Washington County Implementation of adaptive signal control on Tualatin-Sherwood Road. This is a Washington County facility, but is a key connection between 99W and P 5. Contribution: $480,000 Total Project Cost: $7,654,817 ##ODOT## Agenda Item # Meeting Date October 21, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Re-Evaluation of the Street Maintenance Fee Rates Prepared By: AAD enas Dept Head Okay ~2 City Mgr Okay r ISSUE BEFORE THE COUNCIL The current Street Maintenance Fee has lost value due to inflation and no longer generates sufficient funding to adequately maintain the City streets. Council direction is requested on the desired level of maintenance, corresponding Street Maintenance Fee amounts for residential and non-residential units, as well as timing and implementation, for Council consideration at a later meeting. STAFF RECOMMENDATION That Council discuss the options presented for street maintenance levels, set a long-term overall pavement condition goal to establish a perpetual maintenance cycle, and establish a funding option with corresponding Street Maintenance Fee rates to achieve that goal. In addition, staff recommends that right-of-way maintenance on arterials and collectors be incorporated into the Street Maintenance Fees to address that identified need. Staff further recommends that an inflation factor using one or more recognized construction cost indices be included as part of the fee adoption, and that a phase-in plan be approved in the implementation of the fee increases. KEY FACTS AND INFORMATION SUMMARY • The street condition ratings and Pavement Management Analysis Report show that a relatively large percentage of the City streets fall into the fair to acceptable condition. Many of these streets are arterials and collectors, which carry heavy traffic volumes and deteriorate quicker than typical residential streets. Without an adequate level of maintenance, these streets will deteriorate more quickly resulting in much higher maintenance costs over time. • The report analyzes the street maintenance effort required to keep the streets adequately maintained and to slowly, over time, increase the overall street condition ratings. The analysis reaches the following conclusions: ■ The current $800,000 annual collection total is insufficient to meet the street maintenance needs. It was established in 2003 based on a 5-year plan for street maintenance and was adequate as the initial funding to address street maintenance needs and the $4.5 million backlog at that time. Asphalt costs in 2009 are anticipated to be more than double what they were in 2003. The lack of an annual inflation factor to account for rise in construction costs each year has rendered that revenue total insufficient to keep up with the City's street maintenance needs. ■ The City has an overall pavement condition index (OCI) of 68. A reasonable goal over a 20-year period is a pavement condition index of 75. An overall pavement condition of 75 will allow the City to implement a wide range of treatments and establish a perpetual maintenance cycle to keep good streets good while keeping the maintenance backlog between 10% and 15%. An index lower than 65 would require more expensive overlays and reconstruction. ■ Street maintenance at the $1,650,000 level (slightly more than double the current revenue target) is almost sufficient to keep the system maintained, but over time will produce lower overall condition ratings. • Street maintenance at the $1,925,000 level will main status quo at an OCI of 68. ■ Collection of $2,200,000 annually will provide adequate system maintenance and a gradual increase of the overall condition ratings to reach a target OCI of 75 over a 20-year period. • As part of the Street Maintenance Fee re-evaluation, there is a need to appropriately categorize certain local commercial/industrial streets under the non-residential category. In reviewing the City street functional classification categories, it is clear that there are certain streets that are classified as Local Commercial/Industrial and service commercial and industrial areas. These streets should be appropriately included under the non-residential category for purposes of Street Maintenance Fee rate calculations. • In addition, right-of-way maintenance on arterials and collectors is an identified need that is currently unmet and is recommended for funding as an integral part of street maintenance. The specific areas for maintenance are between the sidewalks and right-of-way line, as well as planters and medians. These areas are often overgrown with weeds and present a fire hazard during dry periods in the summer. This requirement has been submitted for consideration in the City's budget formulation process in the past few years, but has not been approved because of the lack of funding. This annual requirement for right-of-way maintenance on arterials and collectors is expected to be $300,000. • Street light and traffic signal energy, operations and maintenance were considered but not approved as part of the Street Maintenance Fee establishment in 2003. These costs are expected to be at the $550,000 level in FY 2008-09. Providing a new source of revenue to fund these activities would free an equivalent amount of gas tax funding that can be applied to City street projects. These costs are not included in the proposed fee increase but should be considered for inclusion under the Street Maintenance Fee at a later time. • Sidewalk repair and maintenance was likewise considered in 2003, but was not funded. The cost for this program is estimated at $150,000 in 2008 dollars. Keeping sidewalks in good repair is not included in the proposed fee increase but should also be considered at a later time. Funding at the $2.50 million level will provide sufficient revenue to upgrade the City's OCI from 68 to 75 over a 20- year period and address right-of-way maintenance. Funding of $2,225,000 annually will maintain status quo at an OCI of 68 with ROW maintenance included. Funding at the $1.95 million level will result in a slow but gradual decline over that same period to an OCI of 61. Taking no action and leaving it at the current $800,000 level without ROW maintenance will reduce the OCI to well under 40 over that 20-year period. • The recommended funding level to address pavement maintenance needs and right-of-way maintenance on arterials and collectors is therefore $2,500,000 annually with an inflation factor each year to account for increases or decreases in construction costs. Attached is a summary that provides the corresponding fee rates for this level of funding. However, because of the economic situation today, it would be wise to phase in the fee increase to achieve the desired funding level by 2011. Also attached is a phase-in plan for Council consideration and comment. An inflation factor of 6.5% annually is incorporated in the plan to establish certainty in the fee amounts for each year till 2011. This is similar in approach to the phase-in plan established for the Transportation Development Tax on the November 2008 ballot proposed by Washington County and its cities to replace the current Traffic Impact Fee. An inflation factor was likewise included in the fees as part of the phase-in plan. Council will be requested to consider the options presented during this meeting, to provide direction on which option to select in the re-evaluation of the fee, and to express a preference for implementation. If Council concurs with the recommended level of $2.5 million and the phase-in plan, the following actions will be taken: • Submit an amendment to Ordinance No. 03-10 for Council consideration. This amendment will shift local commercial/industrial streets to be charged under the non-residential uses and add right-of-way maintenance of arterials and collectors to the scope of street maintenance. It will also add a provision for application of an inflation factor using one or more construction cost indices to account for rise or reduction in costs annually. • Submit a resolution for Council consideration establishing a City OCI goal of 75 and the reasons for achieving that goal over a period of 20 years or more. • Amend the Master Fee Resolution to phase in the fee increase during the period 2009 to 2011. An inflation factor of 6.5% annually will be used as part of this phase-in plan to establish certainty in the fee amounts for each year till 2011. Once the full amount required is achieved in 2011, annual fee increases or decreases for subsequent years will be tied to one or more construction cost indices established in the amended ordinance. OTHER ALTERNATIVES CONSIDERED Leave the Street Maintenance Fee charges at the current rates. This would result in rapidly deteriorating streets and much higher costs later to bring City streets to acceptable condition. COUNCIL GOALS This addresses Goal 1: "Pursue opportunities to reduce traffic congestion in Tigard." ATTACHMENT LIST 1. Table of Street Maintenance Fee monthly rates for recommended level of funding 2. Plan to Phase In Fee Rate Increases FISCAL NOTES The recommended funding level is $2,500,000 in 2008 dollars. The fee charges will be spread among the residential and non-residential uses based on the provisions of the ordinance, with a revision to include local commercial/industrial streets under non-residential charges. This includes $300,000 for ROW maintenance on collectors and arterials. The funding level and implementation recommendations are proposed as follows: • $2,500,000 with $2,200,000 dedicated for street maintenance, design, construction management, overhead and street re-ratings annually and $300,000 for ROW Maintenance. • To mitigate the effects of the full fee increase, the rates will be phased in between 2009 and 2011 with 6.5% inflation factor included each year. • Based on adoption of rates in December 2008 and requirements for advance notification to rate payers, the earliest the fee could be effective is March 1, 2009. Establishing an effective date of April 1, 2009 is more reasonable. The initial fee collections in 2004 began April 1, 2004. An effective date of April 1, 2009 is recommended. is\cng\gus\council agenda summaries\10-21-08 re-evaluation of the street maintenance fee rate ais.doc , S 7'.. :f.i'C''. t". ii=l2£r'.: t` ifC's of psi .c ; 4 e 147-mile paved street. fiecw::rk repro-Senlull an invesmient of over $M nifilicin Adg=ctc,^,a! $110 m,iiio.= ;€tvescmerir , wiWig,stuewalks.<tz"ainagean right- r`- way Fit otectior, :of investdienr to tke S',mpt 3t?ff ;isi7"Ll-It t: e ii crucial Pavement Detc",koratloii r s ' 3^ ssfss - s sau+ : . i 3S=. 44 o-: r. LVn Rwc-FF£eflr Lfle cycle („.tsa'v( ~ fdrevemUiuvi Mr11!liC:"m,,Le ' . ~ . `:atuse~ o:~, opcirzia! tssc c,(fuztic=~ <~all;;r. - Keap, good strem good . Ma~n~.ir=> ,!^e :~e.'crrt:vec:crr t2.:cki,sg i~t'iwnen to 15' j - G wuaitg ;:,cz essez the Ove3 MI Co,d;voi City's plar. is to esiabiash a w-veotattve i iiiaintenmice cycle wl.h ,a ftzil i ~:rge of 4 r Maintenance Funding Dilemma 18 Oregon Cities Use SMF Fees 1 ` Increasing Costs (Asphalt is an oil 1 l \ - product) Avenge costs up 50% in fart 2 yeah Asphalt Cost PorTon • Since 1985, eighteen Oregon cities have I'revlous bids were favorable, but rise sn adopted and retained SMFs • In torts has ought up • Increasing Needs • City size (2007): • Vehicle Use up 21% Statewide • Higher In suburban areas 4,000 to 85,000 population More and heavier trucks and buses (and pavement lmpam) • Annual fees collected: • Decreasing Purchasing Power • Onedolhrin2009willbuf s-ch $50,000 up to $2.3 Million asphalt as S8 cents did in 2007 , ¢ 4' 4~ ,y • Future Price Increases? ~6'- • Without action statewide, more and • How do we protett our investmentsi more cities are resorting to this 7 8 Tigard's Street Maintenance Fee 2003 Funding Level • Established by Ordinance No. 3-10 in 2003 • Collections began April 2004 • Asphalt purchased with $800,000 in 2003 now requires $1,800,000 for equivalent tonnage • $2.18 per residential unit per month • $0.78 per required Initial funding request in 2003 was $1,600,000 • parking space for non- residential units • $800,000 for street maintenance • amount $800,000 annually based on • $445,000 for street lights and traffic signals Target • $270 5-year plan for preventative and corrective ,000 for ROW Maintenance maintenance (Based on 1999 street ratings) ' $90,000 for Sidewalk Repair and Replacement • Only street maintenance was approved • Objective was to establish the new fee as a • No inflation factor built in stable source of funding 9 10 I Collections and Expenses Pavement Management Analysis Report Street Maintenance - Funds Available vs Expenses (~l = • Re-rated all City streets • Provided an Overall Condition Rating (OCI) for each street scoloo 6Koo • Allowed the City to determine the current condition of the street network • Enabled the City to update the long-term u street maintenance plan it 12 2 {✓ti~':f ti Cc ytdfuc,ft ~,16ftg 7f^',r-n,E nt c,..e-°>E~ r., qe, r: ^e xv ~ rJC! 80 and above considered * OC I of 6S ro 80 c onsider'nrf pod . i _ . _ . OCI of SS #-o 65 -on. iidered fair OCI of 73 co 75 op-mad Ail,. the ~ u:,*,n¢=t:Anc[+cyck awing u.r,ety :,f fsot,. 7a -Y-ndt- n, ;m<: parr: Vur,.,rr - :-,rsdet It highir r>t,r. roc ow, time S. e. 4,yvse YoeS 1y( ;3 Ci i•f+., r EIYk[5'ii}i r:,i . {;ir:, i_160 ':itOUC i currc~u Paved e t Azserlaks E t'X Ne;:v ork Back'109 Where Are We? Wrwork a,re.,gc . Bxkk g rr..acSwxys ers ;,r,osc tjlat hs+e drop{,sri • Orgy ip i.cnwnon a n.t. ak ,oft irtmy m, qu, tni rc= t'x7u:rc p r,:a; or ff,,Wt it s. !9'i. !e#=a?~iietna„ - St~se.s are generaify m good cor•Sftior, L xprrsvd ad s (ser.'enx',}ge cctrrpa, ed to srerwui x saw pause Pc*t' c:a>tcerrc . d„ c"f r,;er <rt~•tt±' ,,.nr of tare?; ;5rc naepta lc 'er:d fat. rucg..r res nran_r .,r ie,~!:!s ge( YMov bt:ty t ert iQ;t `n W !TSB,. am m thm g!oup) f eas than #DYe may ti,pt'PiPn! Rt~rr..etpti,^^,:,}; tt'e,: of - ma„Y of rt:ese Sr. eels Nt,ff ecrn:Sri- MOO,: In^,Crd hrnd> cant }jams =n cow :text' S m to yea, s if ova, ZO°,., cost tend to sntrwEr:!}t t„ryaly P, ventatroe hfafmm1,xc 4pprna: h !s needed srcp chrs "ren,f r°£ty}it-^.`"`.:()W:'V`»`.?!1L >i£?t ,..e^.er[.ii 4`~'r. E„7,_, } ......._...._....,...~j{ 00 between 71 and 75 4 Pavement Management Analysis Report t Ensu, City ran ;rnpieri:^1"t kill range of enamiricd lun ding scenaa KuS i tresc<ierc. l Funding, Levels ^ Cnrritsmed w,T Oism'-odog of lu". to t5'.;. pro-,des;he :thility to keep the.God iuads $ S}(3,uCi4tSC.ureix evei# good $ [,fsSO UGt; (aui>i?"`aim=ssdr go,b:e curre" Propostd rarger OC J for 'I igard CCt of 75 -RoAstic an d actuflvahk vet tano ~-,hght!} le~ tiwo the ec ofnes riae fia<kicg cot c; SS Curren; rate! At: i~4'.DY£7 pitShmts't?i: to x4 £4: Avenge, Cx.'c<dtf:fCk',"t &:ta4Avm:~. 9.zrrvnenv i..n ti, i..,..y Sedge, $800000 annually has allowed the City to <astal,h5h a Street maS,itenance progran, Pavement overlays completed on, * ..„u Durham Road (9aW to t ;aii 81vd) . t Gieent.urg Road z99W to Shady unei LEppcr @oones Fet I, Road i,'%" rn i-<! Numerous:oc;i# City sweet; without art annual uffiatiOn Mcf easa. .'evenue buys Eecs each year sz,zae,aan *ntnsnn annuai,v wiFi: se,narx:nfiatlca q Y3ctot sCdCites OCT 44 :5 in 2U yn.;ets ~.t,'332~:ft%$#CttkS t,l4tU`it1S,'„ ,_C`v'#?E F'SC^.C: Cj?Y7Y"s`E`.i.t'~ra![ $?;?UQ.OC€0 LvUtaE =;:nii;!ag ievei :'?c£~rF1:.e:rdv:i 800,000 a17r}ua! ievei instH'ic:enc n; =aer Gnda.-0 :roprc,vnr.2rx n°.rf,ng.e .^.w: e+ T5 atreet ma!ncenancf? Heads {G'C.: of iess -,K; ;:L+xaisrlasim.~ieslgn,;n:',:t+.rc;i=1:i e:,n:l;ign,.t;1. rhos, 40 over 20 years: 111,E ur i>nc $i,650,000 level :d mciv status Luis (010 RISCit;ner. t of 61 over 26 years) i Inlstic,lr *?ttcr++ec:lr~,'ri• *rf€: ,.a<.t witt, $ 1325,001) will tnainet»? ±t:+,cus quo at 58 cu:lsr:-lrccio:: ro==s $2.200.400 annual3ywiSlincr'easeOC%to eo mva-casx,n,kca,,,.,.t ce1E.r+h....s<:: 75 over 20 years a t tt i;Ttn:,.v.Illdef::n,is=.,., .,,.I;.:. ,n.,•i tiir-.:.,t:;~mc Additional Needs ROW Maintenance C ` • Right-of-Way Maintenance • Covers areas between back of sidewalks to ■ Maintenance needed on areas not pavement or right-of-way lines sidewalk • Includes routine maintenance to eliminate • Focus will be on arterials and collectors fire hazards during dry periods ■ Proposed in previous budgets but not adopted $300,000 needed annually plus inflation • Includes a plan to esthetically enhance • Street light and traffic signal energy selected areas with slow-growing and low- operation and maintenance ($550,000Nr maintenance plantings plus inflation) • Has been proposed in previous budgets, but • Sidewalk Maintenance and Repair has not been approved ($150,000Nr plus inflation) 25 26 f ~ ROW Maintenance ROW Maintenance Nabrii.. mom"" sconk- 1 .c s 27 28 i What's Included? Current Ordinance and Fees C • Included • Existing ordinance revenue collection - • ROW maintenance on arterials and collectors ■ Arterials - Non-residential uses • Not included • Collectors - 50Y. residential, 50% non- Street lights and traffic signal system energy, residential operation and maintenance Is highly important ■ Neighborhood Routes and Local Streets - Can free up gas tax dollars for projects 100% residential Should be strongly considered for inclusion later • Current percentage share Sidewalk Repair and Maintenance ■ Residential share: 58% Also important ■ Non-residential share: 42% Should also be considered later 29 30 5 I Ordinance Revisions Proposed New Street Maintenance Plan • Re-allocate Local Commercial/Industrial CL • Places emphasis on arterials and collectors Streets - • Arterials and collectors deteriorate at a much ■ These streets service commercial and faster rate than local residential streets industrial areas • Borne out by City's experience since the Street ■ Should be appropriately included under the Maintenance Fee was adopted non-residential category • More arterial and collector maintenance was • Include ROW Maintenance for arterials performed than originally planned and collectors • Includes ROW maintenance as part of the • Examples are Durham Road, 135th Avenue program • Incorporate Index for inflation 31 32 Percentage Share - Old vs New New Monthly Fee Rates C {C" • Current $800,000 level h 1 E 5 a r, • 58% Residential a:r a'r s 1i ■ 42% Non-residential $2.5 million • Proposed $2,500,000 level Residential" $5.34 $0.72 $6.06 • 55.2% Residential Non- $2.15 $0.29 $2.44 ResidentiaP- ■ 44.8% Non-residential * 2008 Dollars **Residential Rates: per unit ***Non-Residential Rates: per required parking space 33 34 Phase-In Plan _ Monthly Fee Comparison w • Economy is lagging I(C t ; R • Phase-in plan is desirable Tigard $2.18 • Proposed phasing Hillsboro $3.26 Milvaukk $3.35 Residential $2.18 a $3,73 $5.22 $6.86 r Tualatin $3.42 Rate Oregon City $3.67 Non- $0.78 $1.43 $2.07 $2.74 Tigard 2009 $3.73 Residential Rate Lake Osvlego $3.7S • Adoption will incorporate all three years in the Ashland $6.51 Master Fee Resolution Amendment Wilsonville $6.92 J Rates Include 6.S% annual Inflation tailor *Single Family detached unit charge 35 36 6 t Recommendations Recommended Actions f\` • Amend Ordinance No.03-10 • Establish a City long-term OCI goal of 75 • Charge local commercial/industrial streets under • Include ROW maintenance for arterials and non-residential uses collectors • Add ROW maintenance for arterials and • Set a funding level of $2.50 million with annual collectors under Street Maintenance scope inflation factor as the desired level • Apply an annual inflation factor to the fee • Phase in the fee increases 2009 to 2011 • Submit resolution establishing City long-term OCI goal of 75 • Amend Master Fee Resolution to implement fee increases and phase-in plan 37 Updated 10-27-08 38 i Implementation Implementation • Open Houses • Consider resolution setting an OCI long- - Wednesday, November 19, 2008 -Tigard Public term goal of 75 - February 10, 2009 Works Auditorium, 6:30 p.m. to 8:00 p.m. . Adopt fees through amendment to Master • Thursday, December 11, 2008 - City Ha11,Town Fee Resolution - February 10, 2009 Hall Meeting Room, 6:30 p.m. to 8:00 p.m. • Initial fee increase effective April I, 2009 or later • Consider ordinance amendment depending upon notices to all utility bill payers • Public hearing on amendment to Ordinance No. • Fee increases in 2010 and 2011 (one year after 03-10 - January 27, 2009 effective date in 2009) • Consider amendment to ordinance -January 27, • Fee increases subsequent to 2011 will be indexed 2009 for inflation Updated 10-27-08 39 Updated 10-27-08 40 7 ~o Agenda Item # Meeting Date October 21, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Workshop: Discussion of a Proposed Ordinance for a Trespass and Exclusion Ordinance to Establish General Rules of Conduct on City Property Prepared By: Chief Bill Dickinson Dept Head Approval: 14, ""t'~' City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council consider approving an ordinance that would enable designated persons to establish rules of conduct on all City properties, specific to the needs of each area such as parking lots, parks and all city buildings? Currently, there are no formal rules that can be enforced except in the library. STAFF RECOMMENDATION Staff is requesting that the current ordinance, TMC 7.100.010, Exclusion from Tigard Public Library, be rescinded and replaced with this ordinance that would apply the same principles to all city property and has been updated to conform to current laws and appellate decisions. The new ordinance would be under TMC 7.58 Rules of Conduct on City Property KEY FACTS AND INFORMATION SUMMARY • The City currently has a Trespass and Exclusion ordinance for the public library that controls loud, disruptive behavior that does not rise to the level of criminal acts but that prevents the public from doing business and enjoying the public facility in a safe and peaceful manner. It has been successful in dealing with behavior problems at the library. This ordinance replaces and expands that authority to all city properties and legally empowers City employees to address disruptive behavior that does not rise to the level of any criminal act. • This ordinance would give the police and city employees the authority to request anyone illegally parking on city property, disrupting a public meeting, interfering with any city function or acting out in any disruptive or prohibited manner on City property to cease their behavior or leave the premises or be subject to arrest or citation for Criminal Trespass in the Second Degree (C misdemeanor crime). City employees, including police, do not have the authority to require persons to cease many kinds of disruptive behavior that does not constitute a criminal offense, except at the public library. Police can only intervene when there is a clear indication of criminal conduct in violation of state law. This ordinance would address this. • This ordinance would deal with repeat offenders and those who commit crimes on city property by giving the police the authority to exclude those persons from specific city property areas for periods of 30 days up to 180 days. There are provisions for due process appeals and variances to conduct legitimate business. • The kinds of prohibited behaviors would be posted by signage as needed to control specific problems that prevent or inhibit the city from conducting lawful, peaceful business with its citizens. (sample signage attached) • Other jurisdictions, such as ODOT, TriMet and the City of Portland have successfully adopted this type of approach and this ordinance has been reviewed by legal counsel and determined to meet current court requirements for impartiality, due process and variance procedures. OTHER ALTERNATIVES CONSIDERED The current Tigard Municipal Code only addresses behavior that is already criminal in nature and is adequately addressed by the enforcement of the Oregon Revised Statutes. CITY COUNCIL GOALS Not Applicable ATTACHMENT LIST 1. Copy of ordinance 2. Sample of signage language. FISCAL NOTES It is anticipated that there will be no costs beyond the current budget allowances. The costs of printing exclusion forms and processing and maintaining the required data will be absorbed by the current budget allowance. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE TO ADD CHAPTER 7.58 FOR RULES OF CONDUCT ON CITY PROPERTY AND REPEALING CHAPTER 7.100 FOR EXCLUSION FROM TIGARD PUBLIC LIBRARY. WHEREAS, the City Manager reports a growing problem of people exhibiting unwanted, unpleasant and sometimes threatening behavior on City property; and WHEREAS, the uncertain behavior of these individuals presents an unnecessary security risk and interferes with the operation of the government and the goal of providing service to all segments of the public who have business with City government; and WHEREAS, the City has the authority under Sections 4 and 5 of the City Charter and under ORS 221.410(1) to take action necessary for the conduct of municipal affairs; and WHEREAS, the Council finds that disruptive or threatening behavior on City property needs to be regulated in the interest of assuring smooth and safe operation of the government, and to do so is in the public interest and necessary for the peace, health and safety of the general public of this City. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECIION 1: The Tigard Municipal Chapter is amended by adding a new Chapter 7.58 Rules of Conduct on City property to read as follows: 7.58 Rules of Conduct on City Property Sections: 7.58.010 General Purposes of Chapter 7.58.020 Definitions 7.58.030 Penalty for Violation 7.58.040 Prohibited Acts Generally 7.58.050. Consistency with State Criminal Law 7.58.060 Authority of the City Manager 7.58.070 Public Works Director to make Rules and Regulations 7.58.080 Rules of Conduct on City Property 7.58.090 Enforcement and Exclusion from City Property 7.58.100 Right to Appeal 7.58.110 Variances Ordinance No. 08- Page 1 of 9 7.58.010 General Purposes of Chapter The general purposes of the provisions set forth in Chapter 7.58 are to prevent and prohibit conduct that threatens harm to individual or public interests, or interferes with serving the public, to preserve the enjoyment, safety, comfort and convenience of the public, and to enhance the orderly administration and operation of City business on City property, by prohibiting conduct that unreasonably interferes with the administration and lawful use of City Property and providing fair warning of the nature of the conduct declared to constitute an offense. . 7.58.020 Definitions 1. "CityProperty": any property including but not limited to parks, greenways, buildings, parking lots or other land or physical structures owned or managed by the City. 2. "Police Officer": a member of the Oregon State Police, municipal police officer, sheriff, and officer of the Tigard Police Department, including sworn members of the Tigard police reserves. 3. "Authorized Employee": any employee of the City of Tigard authorized and designated by the City Manager or Department Director to enforce any rules within City property, including buildings and parking lots. These rules shall be established by sign or notice or contained specifically within the Tigard Municipal Code. 7.58.030 Penalty for Violation Unless a different penalty is specifically provided, any violation of any provision of this Chapter shall upon conviction be punished by a fine of not more than $500, or by imprisonment of not more than 6 months, or by both. However, no greater penalty shall be imposed than allowed under Oregon law. 7.58.040 Prohibited Acts Generally 1. Any act or thing prohibited or the failing to do any act or thing commanded to be done in this Chapter, on City property, within the corporate limits of the City of Tigard and within such other areas as may be specified in this Chapter is hereby declared to be an offense against the public peace, safety, health, morals, and general welfare of the people of the City of Tigard. Ordinance No. 08- Page 2 of 9 2. Any act or omission made unlawful under this Chapter shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing any such act or omission. 7.58.050 Consistency with State Criminal Law This Chapter shall be construed so as to render it consistent with State of Oregon criminal law, and any procedures or defenses made available in the prosecution of the same or similar offenses under State of Oregon criminal law shall apply in prosecutions under this Chapter. 7.58.060 Authority of the City Manager The City Manager shall designate a person or persons to be in charge of the various City properties for the purpose of enforcing the Rules of Conduct. In addition, police and authorized employees shall have the authority to enforce the Rules of Conduct on or about City properties, as deemed necessary by the person in charge, or when actually observed by the police officer or authorized employee. The City Manager shall also appoint the authority to hear exclusion appeals. 7.58.070 Public Works Director to Make Rules and Regulations The Director of Public Works is authorized to make such rules and regulations not in conflict with the ordinances of the City as the Director finds necessary for the better control and management of City parks, greenways and City-owned or managed buildings and parking facilities. These regulations may be posted at various City properties in abbreviated form and are in no way meant to be all inclusive of the conduct prohibited or required by this Chapter. If any person feels aggrieved by any such rule or regulation, the person may appeal to the Council for its amendment or repeal by filing with the City Recorder a petition which shall be presented to the Council at its next regular meeting. Until and unless amended or repealed by the Council, any rule or regulation made by the Director shall be in full force and effect as if it were an ordinance. 7.58.080 Rules of Conduct on City Property While on or about City property. 1. No person shall violate any Federal, State, or City of Tigard law. Ordinance No. 08- Page 3 of 9 2. No person shall enter or remain on any City property for purposes other than to conduct legitimate business with the City or use to that property lawfully under the rules provided by the City. 3. No person shall enter or attempt to enter any secure portion of any City government building that is not open to members of the general public, without authorization from the City Manager or a designee. 4. No person shall deface, damage, or destroy City property. 5. No person shall engage in conduct that degrades the appearance of City property, including but not limited to, depositing trash, spitting, urinating, or defecating upon the property. 6. No person shall engage in conduct that disrupts or interferes with the normal operations of the City government, or engage in conduct that disturbs employees or customers of the City government, including but not limited to, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior. 7. No person shall engage in conduct that subjects or may subject employees or customers of the City government to annoyance or alarm, including but not limited to, conduct that involves the use of abusive or threatening language or gestures. 8. No person shall use City property for the purpose of housing or camping, including but not limited to, placing objects such as vehicles, bicycles, backpacks, carts, or other items in a manner that interferes with free passage. 9. No person shall refuse to obey any reasonable direction of a Citygovernment employee. 10. No person shall violate any provisions posted on any City parking facility, whether that parking is generally available to the public or not. Private vehicles may not be left overnight in any City parking facility without the express consent of the person in charge of that facility. Violators are subject to cite and tow without notice where posted. 7.58.090 Enforcement and Exclusion from City Property Persons who violate any of the Rules of Conduct on any City property may be immediately ejected from the premises and excluded from City property for a period of thirty (30) to one hundred eighty (180) days. Ordinance No. 08- Page 4 of 9 (1) In addition to other measures provided for violation of this Chapter, or any of the laws of the State of Oregon, police officers and authorized employees may exclude from City property, any person who, while on that City property violates any law regarding controlled substances, or engages in conduct that: (a) Is classified as a felony, misdemeanor, or violation under the following Chapters of the Oregon Revised Statutes, or is an attempt, solicitation or conspiracy to commit any such felony or misdemeanor defined in ORS: (i) Chapter 162 - Offenses Against the State and Public Justice; (ii) Chapter 163 - Offenses Against Person(s); (iii) Chapter 164 - Offenses Against Property to include Offensive Littering; (iv) Chapter 165 - Offenses Involving Fraud or Deception; (v) Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering; (vi) Chapter 167 - Offenses Against Public Health, Decency and Animals; (vii) Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors; or (b) Otherwise involves a controlled substance; or (c) Has resulted in injury to any person or damage to any property, or (d) Constitutes a violation of any of the following provisions of the Tigard Municipal Code: (i) TMC Chapter 7.20 - Offenses Against Persons; (ii) TMC Chapter 7.24 - Offenses Against Property; (iii) TMC Chapter 7.28 - Obstructing Law Enforcement; (iv) TMC Chapter 7.32 - Offenses Against Public Order, (v) TMC Chapter 7.36 - Minors; (vi) TMC Chapter 7.38 - Truancy, (vii) TMC Chapter 7.40 - Nuisances; (viii) TMC Chapter 7.52 - Public Property Use; (ix) TMC Chapter 7.56 - Indecent Conduct; (x) TMC Chapter 7.70 - Second Hand Dealers and Transient Merchants; (xi) TMC Chapter 7.80 - Camping Prohibited in Certain Places; (e) Nothing in the City of Tigard Municipal Code shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or any other rights protected by the state or federal constitutions. However, a person engaged in such protected activity who commits acts that are not protected, but which violate applicable provisions or law, maybe subject to exclusion. Ordinance No. 08- Page 5 of 9 (2) An exclusion issued under this Chapter shall be for thirty (30) days. If the person to be excluded has been excluded from City property at anytime within one year before the date of the present exclusion, the exclusion shall be for ninety (90) days. If the person to be excluded has previously been excluded from City property on two or more occasions within one year before the date on the present exclusion, the exclusion shall be for one hundred eighty (180) days. (3) If the person's behavior does not rise to the level of behavior described in section (1) (a)-(d) above, but is causing either a significant and immediate threat to public health and safety, or a serious disturbance that is preventing other people from enjoying the City property, the person maybe excluded from that City property for a period of twenty four (24) hours only. If a person receives two twenty four (24) hour exclusions under this section and then commits additional violations, any further exclusion the person receives under this section may be for a period of at least thirty (30) days. (4) No person shall enter or remain in any City property at any time during which there is in effect a notice of exclusion issued under this Chapter excluding that person from all City properties. A person who knowingly violates an order of exclusion from City property commits the crime of Criminal Trespass in the second degree (ORS 164.245). (5) Before issuing an exclusion under this Chapter, a police officer or authorized employee shall first give the person a warning and reasonable opportunity to desist from the violation. An exclusion shall not be issued if the person promptly complies with the warning and desists from the violation. Notwithstanding the provisions of this subsection, no warning shall be required if the person is to be excluded for committing any act: (i) punishable as a felony, (ii) involving controlled substances, (iii) which resulted in an injury to any person, (iv) which resulted in damage to any property, or (v.) City of Tigard Chapter violation (6) Written notice shall be given to any person excluded from any City property under this Chapter. The notice shall specify the date, length and place of the exclusion; shall identify the provision of law the person has violated and contain a brief description of the offending conduct. It shall be signed by the issuing police or authorized employee officer. Warnings of consequences for failure to comply shall be prominently displayed on the notice. All relevant Ordinance No. 08- Page 6 of 9 information on the hearings and appeal process shall be included with the notice. 7.58.100 Right to Appeal 1. A person receiving notice of exclusion from City property may request a hearing before the City of Tigard Municipal Court judge, or a Hearings Officer appointed by the City Manager to have the exclusion rescinded or the period shortened. Written notice of the appeal must be filed with the City Manager within ten (10) business days of receipt of the exclusion notice. Failure to file written notice of appeal within five (5) business days will be deemed a waiver of further action. (a) If an appeal of the exclusion is timely filed, the effectiveness of the exclusion shall be stayed, pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of exclusion shall be effective immediately upon the issuance of the municipal court judge or hearings officer's decision, unless the municipal court judge or hearings officer specifies a later effective date. (b) If a person is issued a subsequent exclusion while a previous exclusion is stayed pending appeal, or pending judicial review should a court stay the exclusion, the stayed exclusion shall be counted in determining the appropriate length of the subsequent exclusion. If the predicate exclusion is set aside, the term of the subsequent exclusion shall be reduced, as if the predicated exclusion had not been issued. If multiple exclusions issued to a single person for City property are simultaneously stayed pending appeal, the effective periods of those which are affirmed shall run consecutively. 2. Hearing procedures. (a) When a timely request for a hearing is made, a hearing shall be held before the City of Tigard Municipal Court judge, or Hearings Officer appointed by the City Manager. (b) The hearing shall be set and conducted within five (5) business days of receipt of the request, excluding holidays, Saturdays and Sundays. The hearing may be scheduled for a later date if the person excluded so requests. (c) At the hearing, the person excluded may contest the validity of the exclusion and may present evidence. Ordinance No. 08- Page 7 of 9 (d) At the hearing on an appeal the City shall have the burden of proving by a preponderance of the evidence the validity of the exclusion. The City may present evidence either by testimony or written report of the officer. If the City s evidence is presented only by written report and the municipal court judge or hearings officer cannot resolve a question by information contained in the officer's report, the hearing maybe held open for a reasonable time to complete the record. (e) If the municipal court judge or hearings officer finds by a preponderance of the evidence that each element necessary to issue the exclusion notice has been proven, and if the exclusion is otherwise in accordance with law, the municipal court judge or hearings officer shall uphold the exclusion. (f) If the municipal court judge or hearings officer finds that the City has not met its burden of proof, or that the exclusion is otherwise unlawful, then the municipal court judge or hearings officer shall enter an order rescinding the exclusion. If the municipal court judge or hearings officer finds that the City has met its burden of proof, but that the length of the exclusion is unreasonable under the circumstances, the municipal court judge or hearings officer may issue an order shortening the length of the exclusion. (g) The decision of the municipal court judge or hearings officer is final. 7.58.110 Variances (1) At anytime within the period of exclusion, a person receiving a notice of exclusion may apply in writing to the City Manager or designee for a- waiver of some or all of the effects of the exclusion. The application must show good cause for waiver requested. If the City Manager or designee grants a waiver, the City Manager or designee shall promptly notify the Tigard Police Department Records Section of such action. In exercising digression under this subsection, the City Manager or designee shall consider the seriousness of the violation for which the person has been excluded, the particular need of the person to be on City property during some or all of the period of exclusion, such as for work or to attend or participate in a particular event (zed"& ngani to the mntent of any speech assaiated with that eav), and any other criterion the Gty Manager or designee determines to be relevant to the determination of whether or not to grant a waiver. Notwithstanding the granting of a waiver, the exclusion will be included for purposes of calculating the appropriate length of exclusions. The decision of the City Manager or designee to grant or deny, in whole or in part, a waiver is committed to the sole discretion of the chief or designee, and is not subject to appeal or review SECTION 2: Tigard Municipal Code Chapter 7.100 is hereby repealed. Ordinance No. 08- Page 8 of 9 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and Chapter only, this day of )2008. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of )2008. Craig Dirksen, Mayor Approved as to form: City Attorney Date Ordinance No. 08- Page 9 of 9 For Council Newsletter: At the October 21, 2008, Workshop Meeting, the Council is scheduled to discuss a proposed trespass and exclusion ordinance to establish general rules of conduct on City property. Attached is a draft of the proposed ordinance along with the current Tigard Municipal Code Section 7.100, which will be repealed and a new section of the Tigard Municipal Code (7.58) will be created if the proposed ordinance is eventually adopted by the City Council. Also attached is Ordinance No. 96- 15, which established the Exclusion Ordinance for the Library and Ordinance No. 01-13, which amended the procedure for exclusion from the Library. These last two ordinances are provided for background information. If, after discussion by the Council, it decides to proceed with formal consideration of the proposal, staff will schedule the proposed Ordinance for Council consideration on a future business agenda. Proposed Ordinance, if approved, will repeal TMC 7.100 and add TMC 7.58 TIGARD MUNICIPAL CODE Chapter 7.100 EXCLUSION FROM TIGARD 3. Refusing to leave the library when PUBLIC L113RARY told to do so by library personnel or a police officer, or returning to the library on the same Sections: calendar day after being told to leave. (Ord. 01- 13 §8). 7.100.010 Exclusion From Tigard Public Library 13. In addition to the above, a person is 7.100.020 Persons Authorized To Issue subject to exclusion or may otherwise have their Exclusion Or Warning Notices. library privileges restricted or suspended for a 7.100.030 Issuance Of Exclusion Notices period of up to ninety (90) days in the event they, Or Warning Notices. (or a person under their control or direction) has 7.100.040 Right Of Appeal, been issued at least two (2) Tigard Library 7.100.050 Variances. warning notices within any ninety (90) day period for any of the following conduct: 7.100.010 Exclusion From Tigard Public Library I. Sleeping using bedding, sleeping bag or other sleeping matter in the Tigard Public A. A person may be excluded from Library unless such use has been approved in the Tigard Public Library for a period of advance by the Director of Library Services; ninety (90) days if the person commits one of the following acts: 2. Use of Tigard Public Library facilities and/or equipment for activities unrelated 1. Theft of Tigard library materials or to the purposes of the Library as those purposes unlawful detention of Tigard library property; may be determined by the Tigard Library Board. 2. Acts that constitute any degree of 3. Loud or excessive noise or use of any of the following crimes or violations under amplified recording or sound production state law or this code, if committed within the equipment including but not limited to radios, tape Tigard Public Library or on Tigard Public Library recorders, compact disc (CD) players such that the grounds: sound produced thereby is audible five (5) feet from the device unless such use has been a. Assault; approved in advance by the Director of Library b. Stalking; Services. C. Criminal Mischief; d. Riot or disorderly conduct; C. As used in subsection (A) above, the e. Menacing; term "library privileges" means the ability to f. Recklessly endangering obtain the free use of any printed material, another; pictures, sound recordings or symbols as may be g. Harassment; kept in whatever for-in or manner, be it owned or h. Unlawfully applying graffitti; controlled by the Tigard Public Library or• other i. Possession of a firearm or public or private libraries with which Tigard may dangerous weapon in a public through agreement or otherwise have access. building; (Ord. 96-15) j. Criminal trespass. 7-100-1 SE Update: 12.4111 TIGARD MUNICIPAL CODE 7.100.020 Persons Authorized To Issue a second notice within ninety (90) days shall be Exclusion Or Warning Notices. grounds for exclusion or loss of library privileges. The warning notice shall contain information The Chief oi' Police and the Director of concerning the right to seek vacation of the order Library Services are hereby designated as the by submitting a written appeal to the Director of persons-in-charge of the Tigard City Library for Library Services within five (5) days of the purposes of issuing exclusion notices in issuance of the warning notice. If the Director of accordance with this Chapter. Either the Chief or Library Services receives a written appeal of a the Director of Library Services may authorize warning notice, the Director of Library Services other Police or Public Library personnel to issue may vacate the notice on a determination that the exclusion notices consistent with this Chapter and, actions of the person to whom the notice was in addition to the ability to authorize personnel issued did not justify a warning notice. (Ord. 01- issuance of exclusion notices under this Chapter, 13 §9,. Ord. 96-15) the Director of Library Services may also authorize personnel under his or her direction and 7.100.040 Right Of Appeal. control to issue Tigard Public Library Warning Notices. (Ord. 96-15) The individual to whom an exclusion notice is issued shall have the right to an appeal from the 7.100.030 Issuance Of Exclusion Notices issuance of the notice. Or Warning Notices. A. An appeal of the exclusion must be Within thirty (30) days of the actions listed in filed, in writing, within five (5) calendar days of Section 7.100.010.A as a basis for exclusion or the notices issuance with either the office of the within thirty (30) days of the issuance of a second Director of Library Services or the Chief of warning notice, the City may issue a written Police. The notice of appeal shall include the exclusion notice excluding the person from the following: Tigard Public Library. The notice shall specify that the person is to be excluded from the Tigard 1. the appellant's name, address and Public Library, the period of exclusion, and the telephone number; time the exclusion is to commence. The notice shall provide information concerning the right to 2. a concise statement as to why the appeal the exclusion notice to the Civil Infractions issuance of the exclusion notice was in error; and, Officer. The City employee issuing the notice shall ask the person to whom the exclusion notice 3. a copy of the notice of exclusion is issued to sign an acknowledgement of the appeal form. notice. If the person to whom the notice is issued refuses to sign, the person issuing the notice shall B. The exclusion shall not take effect make a written record of the refusal. The during the pendency of the appeal. In the event exclusion notice may be issued at the time of no appeal is properly and timely filed, then the arrest, if an arrest is made. exclusion shall take effect on the sixth calendar day following the issuance of the notice. At the time of the occurrence of any conduct listed in Section 7.100.010.13, the City may issue a C. At the hearing on appeal, the City shall written warning notice. The notice shall describe have the burden to show by a preponderance of the reason why the warning is issued and state that the evidence that the exclusion is justified by this 7-100-2 V--' Update: 12/01 TIGARD MUNICIPAL CODE chapter. D. Copies of any and all documents in its control which are intended to be used by the City at the hearln- shall be made available to the appellant at least two (2) days in advance of the hearing. (Ord. 01-13 C 10 & § 11. Ord. 96-15) 7.100.050 Variances. Variances from the exclusion may be granted at any time during the exclusion by either the Chief of Police or the Director of Library Services. (Ord. 96-15)0 i i 1 7-100-3 .SF_ Updnle: 12:'01 i CITY OF TIGARD, OREGON ORDINANCE NO. , .5 AN ORDINANCE AMENDING TITLE 7 OF THE TIGARD MUNICIPAL CODE BY ADDING CHAPTER 7.100, EXCLUSION FROM TIGARD PUBLIC LIBRARY: WHEREAS, the Tigard City Council finds that disruptive behavior on City property is contrary to the public heanith, safety and welfare and hinders the ability of City staff to provide service; and WHEREAS, the Tigard City Council wishes to grant authority to City staff to exclude persons who engage in such disruptive behavior, now, therefore: THE CITY OF TIGARD ORDAINS AS FOLLOWS: SsWo 1; The Tigard Municipal Code is amended by adding Chapter 7.100, Exclusion fi stn Tigard Public Library to read as follows: i 7.100.10 EXCLUSION FROM TIGARD PUBLIC LIBRARY, (A). A person is subject to e6rd lion $om the Tigard Public Library for a period of up to ninety (90) days in the evert they have been arrested and/or convicted for any of the fallowing conduct: 1. As mlt as defined in ORS Chapter 163 (1995) in and/or around the Tigard Public Libraryy; 2. Stalki as defined is ORS Chapter 163 (1995); 3. Theft as defined in ORS Chapter 164 (1995) of Tigard librM materials; 4. Criminal mischief as defined in ORS Chapter 164 (1995); 5. Any of the greffid elated offenses as defined in ORS Chapter 164 (199S) I involving publicly owned muctumcs within the city Worts of Tigard; 6. Wilfiil detention of hVary property as defined in ORS 357.975 (1995); 7. Riot, disorderly conduct, or hamsment as defined in ORS 166.015, 166.025, 166.065 (1995); 8. Possession of a firearm or dangerous weapon in it public building as pz*ite:d by ORS 166.370 (1995); 9. Maiacing as defined in Tigard City Code Section 7.20.020; 10. RnMessly endangerment of another person as defined in Tigard City Code t 7.20.030; 11. Harassment as defined in Tigard City Code 7.20.040; ' 12. Crm bW Trespass as defined in ORS 164.243 to 164.265 (1995) (B). In addition to the above, a pawn is subject to eWusion or may otherwise have Ordinance No. Page I ti i y to ninety (90) days iu the 'od of up acted or .p,,aded for a PO beeu issued at feast two (2) their k'brary Privb 1 or direction) b. for any of the 00`01 event they, (or a pem nth am ninety (9") day 1 'r'~erd Library Warning public the Tigard conduct-. deq;m g bag otb~ sleep'usSb~Dr rah' Of 1A S1eepb* ustng be" been aPioved advan► 1 Uhrary untEe such use has 'or es unrelated to Ste; public Library ~ !°e Omy be t ter by do Tigard 2. Use of Tof the library as those purposes the ~ a;,;;:.d Pi;uuu,aiun disc (CD) L'bra-y Board- use of AmXf orders; mupla 3 i~ air mcc~" 1'> to radios, five (S) fed from the aacl the sound uced to in it is caudible e b she Dkedor of Library e4ui8mert rod roved rem such that devim use has bew ~ in add by unless such abih n, mom the n ry to i the tam "Wary pri-Ab0 MV _ IS as MV used use osubsec;tion f any pz mateni d. Public ( As obtain " fro or be kept 1r whatever form of yeses with wbich'rmy { y~rary or 0* p ARNIN prase have accxse N OX s~se 1G Scriwes ORiZEO TO ISSUE EXCLUSIO ~s y.1.QQ.20 The Chief Of lice sad Director tbt d CdY Y.hmy for pun- the of . the or the O NOTI age of the agard buchi ACC ms ~ pohm or Public personnels may wAhodze addition to the micas MY WO this Chaps the Dineatot of thrary Public Library under this 0jusion under his or her direction and 1 to , issue of a e' Notices. War" g WMOMIG NOTICES. 'on [ON NO'IT~ O rde dfied is TCC sewn f;L[t5 . .4 f ~y of the condu~(s) coca, the - 7.100.3Q ISSUANCE OF EX . *0 of the arrest of as iadin) calmdar days after) tM on(s) as Ci*W the the 7 a w aoooluamn isr" .100.10(A), (or>aiatan► thM ' (uch od►ea tkm of Library Sere (or s The of Police or r C1wef may Ib&" auk • notice ow spe~Y that of Library Servim o Disacton Person the Tigard Pubfic LibMY the peW of the cluai°n, the right the PmOA ftom PublicLibre►y+ 't ~ ~'ao~ ~ is to be ~ from ~ vv~l as Contain ~ for wader MOW the tuna the'x~aton to apped the owjaaioa notice to ions offi penance No. Page, 2 ts lot W All t # g $ g t '0 ~ g 3 g Sao ~ g• ~ , ~ ~ ~ ~ g 40- All w ^ f:'r ~ r O ~j i+ used by to t Cow of a9 ,At gva*kw tltia tug P- b- boa" *A maybe co. ,Rf*e Vsn tie vowim Di~or of .100.50 valocss. tl►c,~ef of ?act or tbse VA Ala 0*, the OM'W date the a OaAW ptesent WW b~ rzsd~Y BY A~ ay cyll 196• day tpp,&OVF-D' two 4&V4 ~"XGf2tS ~~ln 6Y) CITY OF TIGARD, OREGON t~ ORDINANCE NO.01- /3 AN ORDINANCE AMENDING CHAPTERS 2.36.030, 2.36.040, 7.100.10, AND 7.100.40, OF THE TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINTMENT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE TIGARD PUBLIC LIBRARY. i i i WHEREAS, certain sections of the Tigard Municipal Code referring to the operation of the library board are outdated; WHEREAS, current code provisions regarding exclusion from the Tigard Public Library are outdated j and/or ambiguous, and are in need of revision; I WHEREAS, the public interest is served by clarifying the Tigard Municipal Code in these areas; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 2.36.030(b)(1) of the Tigard Municipal Code is amended to read as follows: (1) The term for each library board members shall be four (4) years. Terms commence on July 1 and end. on June 30 four years after commencement. Existing members shall complete their terms, with two teens ending each June 30 of each year, except that only one term shall end on June 30, 2005 and each fourth year after that. i SECTION 2: Section 2.36.030(b)(2) of the Tigard Municipal Code is amended to read as follows; i r (2) The City Council shall appoint a person to a four year term on expiration of the term of any member of the library board. If a vacancy occurs for any reason other than expiration of a term, the City Council shall appoint a new member to serve for the duration of the unexpired term. The library board shall advise the City Council of any unfilled vacancies. SECTION 3: Section 2.36.030(b)(3)of the Tigard Municipal Code is amended to read as follows: (3) No person may serve more than two (2) consecutive full terms on the library board A person who is appointed to fill an unexpired term may serve two full consecutive terms immediately after the partial term. A person who has served two consecutive full terms may be appointed to the library board no sooner than one full calendar year after expiration of the last term the person served. For purposes of this section, a person who starts a full term is deemed to have served the full term, even if that person does not complete the term. i SECTION 4: Section 2.36.030(d) of the Tigard Municipal Code is amended to read as follows: i ORDINANCE No. Oi- Page 1 l i (d) Officers. The library board shall, at its first meeting after July 1 of each year, elect a chairperson and a chairperson pro tem. The chairperson shall preside over meetings of i the board, and the chairperson pro tem shall preside over meeting when the chairperson is absent. If both the chairperson and the chairperson pro tem are absent and a quorum is present, the members present shall by motion decide which of the members present shall preside over the meeting. Any member may preside over the motion to elect the person to preside over a single meeting. If the chairperson or chairperson pro tem should resign, the board shall elect a replacement at the first possible opportunity. All terms as chairperson or chairperson pro tem shall terminate on election of a successor. SECTION 5: Section 2.36.030(e) shall be added to the Tigard Municipal Code and read as follows: (5) The Director of Library Services or designee shall serve as secretary to the library board and shall keep accurate records of all board meetings, which records shall be made available to the city manager, city council, and the public. ; SECTION 6: Section 2.36.040(1) of the Tigard Municipal Code is amended to read as follows: (1) To represent the community and to communicate the library needs of the community to the City Council; 1 SECTION 7: The following sentence which appears at the end of Chapter 2.36 is deleted: For statutory provisions enabling a city to establish, equip and maintain a free library, see ORS 357.410. i SECTION 8: Section 7.100.10.A of the Tigard Municipal Code is amended to read as follows: A. A person may be excluded from the Tigard Public Library for a period of np to ninety (90) days if the person commits one of the following acts: i 1. Theft of Tigard library materials or unlawful detention of Tigard library property; 2. Acts that constitute any degree of any of the following crimes or violations under state law or this code, if committed within the Tigard Public Library or on Tigard I Public Library grounds: i a. Assault; I b. Stalking; I c. Criminal Mischief, d. Riot or disorderly conduct; e. Menacing; f Recklessly endangering another; g. Harassment; h. Unlawfully applying graffitti; i. Possession of a firearm or dangerous weapon in a public huilding; j. Criminal trespass. I ORDINANCE No. 01-j-3 Page 2 t j f 3. Refusing to leave the library when told to do so by library personnel or a police officer, or returning to the library on the same calendar day after being told to leave. SECTION 9: Section 7.100.30 of the Tigard Municipal Code is amended to read as follows: i Within thirty (30) days of the actions listed in Section 7.100.10.A as a basis for exclusion or within thirty (30) days of the issuance of a second warning notice, the City may issue a written exclusion notice excluding the person from the Tigard Public Library. The notice shall specify that the person is to be excluded from the Tigard Public Library, the period of exclusion, and the time the exclusion is to commence. The notice shall provide information concerning the right to appeal the exclusion notice to the Civil Iiifi-actions Officer. The City employee issuing the notice shall ask the person to whom the exclusion notice is issued to sign an acknowledgment of the notice. If the person to whom the notice is issued refuses to sign, the person issuing the notice shall make a written record of the refusal. The exclusion notice may be issued at the time of arrest, if an arrest is made. At the time of the occurrence of any conduct listed in Section 7.100.10.B, the City may issue a written warning notice. The notice shall describe the reason why the warning is issued and state that a second notice within ninety (90) days shall be grounds for ' exclusion or loss of library privileges. The warning notice shall contain information concerning the right to seek vacation of the order by submitting a written appeal to the Director of Library Services within five (5) days of the issuance of the warning notice. If the Director of Library Services receives a written appeal of a warning notice, the Director of Library Services may vacate the notice on a determination that the actions of the person to whom the notice was issued did not justify a warning notice. SECTION 10: Section 7.100.40.A of the Tigard Municipal Code is amended to read as follows: An appeal of the exclusion must be filed, in writing, within five (5) calendar days of the J notices issuance with either the office of the Director of Library Services or the Chief of II Police. The notice of appeal shall include the following: 1. the appellant's name, address and telephone number; 2. a concise statement as to why the issuance of the exclusion notice was in error; and, 3. a copy of the notice of exclusion appeal form. SECTION 11: Section 7.100.40.C of the Tigard Municipal Code is amended to read as follows: C. At the hearing on appeal, the City shall have the burden to show by a preponderance of the evidence that the exclusion is justified by this chapter. SECTION : This ordinance shall be cffcctivc 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 01-i. Page 3 I t i i PASSED: By Llno ^1%M11 vote of all Council members present after being read by number and title only, this day of , 2001. t &therine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2001. es E, t r Approved as to form: ty Attorney %~cS1~ Date i ORDINANCE No. 01- 3 Page 4 i k TIGARD MUNICIPAL CODE Chapter 2.36. PUBLIC LIBRARY. mayor, subject to confirmation by the city council. shall appoint a person to a four-year term. If a 236.010 Title. vacancy occurs for any reason other than 236.020 Established. expiration of a term, the mayor, subject to 2.36.030 Board-Established-Term- confirmation by the city council, shall appoint a ; Appointment-Meetings new member to serve for the duration of the € 2.36.040 Board-Responsibilities. unexpired term. 2.36.050 Donated funds. I 2.36.060 Fees. (3) No person may serve more than two full consecutive terms on the 2.36.010 Title. library board, notwithstanding prior appointment to an unexpired tern. After a one-year interval, a The ordinance codified in this chapter former member who had served two terms may shall be known and may be cited as "The City of be reappointed. { Tigard Library Ordinance." (Ord. 72-30 §1,1972). (4) Members of the library board shall receive no compensation. 236.020 Established. (c) Meetings. The library board shall A public library is established in and for meet at least six times a year and every meeting of { the city of Tigard, Oregon. (Ord. 72-30 §2, 1972). the board shall be publicized in advance and shall be open to the public. 236.030 Board-Established-Term- i Appointment-Meetings (d) Officers. The library board shall, -Officers. at its first meeting after July 1, 1977, and at least annually thereafter. elect a chairman and a ' (a) Established. There is established chairman pro tem. The chairman shall preside j library board of seven members, six of whom shall over the meetings of the board. The head be residents of the city and one of whom may librarian, or his authorized designee, shall serve reside within or outside the Tigard corporate as secretary to the library board and shall keep limits, accurate records of all board meetings which !I records shall be made available to the city (b) Term. administrator, city council and interested public upon request. (Ord. 84-35 §§l, 2,1984: Ord. 77-57 (1) The terms of the members §1,1977: Ord. 72-30 §3,1972). presently serving on the library board shall i terminate according to the following schedule: 236.040 Board-Responsibilities. Mary Slemmons, June 30,1978; The library board shall have the following Dun Jacul», Jtuie 30, 1978; responsibilities. New Member, June 30,1979; New Member, June 30,1979; (1) To represent the library needs of Yvonne Burgess, June 30,1980; the community and communicate those needs to Jeri Cundiff, June 30,1980; the city council; Betsy Chick, June 31,1981. (2) To recommend library policies as (2) At the expiration of the deemed desirable in the operation and utilization term of any member of the library board, the of library facilities to the council; 2-36-1 Reformatted 1994 I TIGARD MUNICIPAL CODE i (3) To encourage and support active volunteerism in support of the use and 1 improvement of library facilities; (4) To advise, as the council may request, in furtherance of the goal to provide the best library service to the public as possible within the constraints of available resources, space and manpower. (Ord. 91-20 §l, 1991: Ord. 77-57 §2, 1977: Ord. 72-30 §4,1972). 2.36.050 Donated funds. All funds donated to the city for library purposes shall be subject to the same rules, regulations and expenditure control as applicable to appropriated funds; provided, however, that such donated funds shall be accounted for under E the caption of "public library donatluiiu," and such ) funds shall be subject to expenditure only for the purposes for which donated, except that funds ivLeived from donors without specific limitations as to use may be used for general library purposes. (Ord. 72-30 §5,1972). 2.36.060 Fees. (a) Users and patrons who reside in I or have their business in the city limits of Tigard shall not be required to pay a library privilege fee, but shall be liable to pay such fines or late charges as may be prescribed by resolution of the council. (b) All fees and charges received shall be accounted for as general fund receipts under the heading of "public library." (Ord. 84-35 §3,1984: Ord. 76-55 §1,1976: Ord. 72-30 §6,1972). • For statutory provisions enabling a city to establish, equip and maintain a free library, see ORS 357.410.0 I i 2-36-2 Reformatted 1994 i i t 1 f TIGARD MUNICIPAL CODE Chapter 7.100. EXCLUSION FROM TIC;ARD 8. Possession of a firearm or PUBLIC LIBRARY dangerous weapon in a public building as prohibited by ORS 166.370 (1995); 7.100.10 Exclusion from Tigard Public Library 9. Menacing as defined in Tigard City 7.10020 Persons Authorized to Issue Code Section 7.20.020; Exclusion or Warning Notices. 7.100.30 Issuance of Exclusion Notices or 10. Recklessly endangering another Warning Notices. person as defined in Tigard City Code 7.20.030; 7.100.40 Right of Appeal. 7.100.50 Variances. 11. Harassment as defined in Tigard City Code 7.20.040; 7.100.10 Exclusion from Tigard Public Library 12. Criminal Trespass as defined in ORS 164.243 to 164.265 (1995) A. A person is subject to exclusion from the ` Tigard Public Library for a period of up to ninety B. In addition to the above, a person is (90) days in the event they have been arrested subject to exclusion or may otherwise have their and/or convicted for any of the following library privileges restricted or suspended for a i conduct: period of up to ninety (90) days in the event they, i (or a person under their control or direction) has 1. Assault as defined in ORS Chapter been issued at least two (2) Tigard Library 163 (1995) in and/or around the Tigard Public warning notices within any ninety (90) day period Mrary; for any of the following conduct: 2. Stalking as defined is ORS Chapter 1. Sleeping using bedding, sleeping 163 (1995); bag or other sleeping matter in the Tigard Public Library unless such use has been approved in 3. Theft as defined in ORS Chapter advance by the Director of Library Services; 164 (1995) of Tigard library materials; 2. Use of Tigard Public Library 4. Criminal mischief as defined in facilities and/or equipment for activities I ORS Chapter 164 (1995); unrelated to the purposes of the Library as those purposes may be determined by the Tigard 5. Any of the graffiti-related offenses Library Board. as defined in ORS Chapter 164 (1995) involving publicly uwned structures withlft the City limits of 3. Loud or excessive noise or use of Tigard; amplified recording or sound production equipment including but not limited to radios, 6. Wilful detention of library property tape recorders, compact disc (CD) players such as defined in ORS 357.975 (1995); that the sound produced thereby is audible five (5) feet from the device unless such use has been 7. Riot, disorderly conduct, or approved in advance by the Director of Library harassment as defined in ORS 166.015, 166.075, Services. 166.065 (1995); C. As used in subsection (A) above, the i term "library privileges" means the ability to obtain the free use of any printed material, 7-100-1 Rev. 4/23/96 1 i i TIGARD MUNICIPAL CODE pictures, sound recordings or symbols as may he kept in whatever form or manner, be it owned or At the time of the occurrence of any conduct controlled by the Tigard Public Library or other identified in TCC Section 7.100.10A (or within public or private libraries with which Tigard may thirty (30) calendar days thereafter) the Director of through agreement or otherwise have access. Library Services (or such other Library personnel (Ord. 96-15) as the Director of Library Services from time to time may authorize) may issue a written Tigard 7.100.20 Persons Authorized to Issue Library Warning Notice. The notice shall specify Exclusion or Warning Notices. that in the event a second notice is issued to the individual within the time specified in TCC The Chief of Police and the Director of Section 7.100.106, that person shall be subject to Library Services are hereby designated as the exclusion from the Tigard Public Library and/or persons-in-charge of the Tigard City Library for lose such other privileges as the Director of purposes of issuing exclusion notices in Library Services may in their discretion determine accordance with this Chapter. Either the Chief or to be appropriate for a period of up to ninety (90) the Director of Library Services may authorize days. The Warning Notice shall also contain other Police or Public Library personnel to issue information concerting the right of the individual exclusion notices consistent with this Chapter and, to seek its vacation by appealing to the Director of in addition to the ability to authorize personnel library Services within five (5) days of its issuance of exclusion notices under this Chapter, issuance. (Ord. 96-15) the Director of Library Services may also authorize personnel under his or her direction and 7.100.40 Right of Appeal. control to issue Tigard Public Library Warning J Notices. (Ord. 96-15) The individual to whom an exclusion notice is issued shall have the right to an appeal from the 7.10030 Issuance of Exclusion Notices or issuance of the notice. Warning Notices. A. An appeal of the exclusion must be i At the time of the arrest of an individual for filed, in writing, within five (5) calendar days of any of the conduct(s) identified in TCC Section the notice's issuance with either the office of the 7.100.10 A, (or within thirty (30) calendar days Director of Library Services or the Chief of Police. thereafter) the arresting officer, the Chief of Police The notice of appeal shall state the following. i or the Director of Library Services (or such other person(s) as either the Director of Library 1. the appellants name; Services or Chief may have authorized) may issue a written exclusion notice excluding the person 2. their address and a telephone from the Tigard Public Library. The notice shall nurnber where they can be reached; specify that the person is to be excluded from the Tigard Public Library, the period of the exclusion, 3. a concise statement as to why the the time the exclusion is to commence as well as issuance of the exchisinn notice was in error; and, contain information concerning the right to appeal the exclusion notice to the Civil infractions officer 4. attach a copy of the notice of as provided for under Chapter 1.17 of this Code. exclusion appealed from. The person to whom the exclusion notice is issued shall sign a written acknowledgment of the receipt A hearing on the appeal shall be had as of the exclusion notice; if the person refuses to so provided for in Chapter 1.17 of this Code and take sign, the arresting officer shall make a written place no more than ten (10) calendar days after record of the refusal. 7-100-2 Rev. 4/23/96 i E TIGARD MUNICIPAL CODE E the filing of the appeal, except in the event the Civil Infractions Officer determines otherwise. I B. The exclusion shall not take effect during the pendency of the appeal. In the event no appeal is properly and timely filed, then the exclusion shall take effect on the sixth calendar day following the issuance of the notice. C. The City shall have the burden to show by a preponderance of evidence that the exclusion is based on conduct enumerated in TCC Section 7.100.10A or is based on the issuance of two Tigard Public Library Warning Notices for the conduct Identified in TCC Section 7.100.10B. A determination by a court of competent jurisdiction that the arresting officer had probable cause to effect the arrest of the individual for the conduct used as the basis of the exclusion shall be prima facie evidence that the exclusion is well founded. D. Copies of any and all documents in its i control which are intended to be used by the City at the hearing shall be made available to the appellant at least two (2) days in advance of the hearing. (Ord. 96-15) ! i 7.100.50 Variances. E Variances from the exclusion may be granted I at any time during the exclusion by either the Chief of Police or the Director of Library Services. (Ord. 96-15)0 7-100-3 Rev.4/23/96 Item No. For Council Newsletter Dated `0.- o- V2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE TO ADDING CHAPTER 7.58 FOR RULES OF CONDUCT ON CITY PROPERTY AND REPEALING. CHAPTER 7.100 FOR EXCLUSION FROM TIGARD PUBLIC LIBRARY. WHEREAS, the City has experienced problems with people exhibiting unwanted, unpleasant and sometimes threatening behavior on City property, and WHEREAS, the uncertain behavior of these individuals presents an unnecessary security risk to citizens and employees and interferes with the operation of the government and the goal of providing service to all segments of the public who have business with City government; and WHEREAS, the City has the authority under Sections 4 and 5 of the City Charter and under ORS 221.410(1) to take action necessary for the conduct of municipal affairs; and WHEREAS, the Council finds that disruptive or threatening behavior on City property needs to be regulated in the interest of assuring smooth and safe operation of the government, and to do so is in the public interest and necessary for the peace, health and safety of the general public of this City. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Chapter is amended by adding a new Chapter 7.58 Rules of Conduct on City property to read as follows: 7.58 Rules of Conduct on City Property Sections: 7.58.010 General Purposes of Chapter 7.58.020 Definitions 7.58.030 Penalty for Violation 7.58.040 Prohibited Acts Generally 7.58.050 Consistency with State Criminal Law 7.58.060 Authority of the City Manager 7.58.070 Public Works Director to make Rules and Regulations 7.58.080 Rules of Conduct on City Property 7.58.090 Enforcement and Exclusion from City Property 7.58.100 Right to Appeal 7.58.110 Variances Ordinance No. 08- Page 1 of 9 7.58.010 General Purposes of Chapter The general purposes of the provisions set forth in Chapter 7.58 are to prevent and prohibit conduct that threatens harm to individual or public interests, or interferes with serving the public, to preserve the enjoyment, safety, comfort and convenience of the public, and to enhance the orderly administration and operation of City business on City property, by prohibiting conduct that unreasonably interferes with.. the administration and lawful use of City Property and providing fair warning of the nature of the conduct declared to constitute an offense. 7.58.020 Definitions 1. "City Property": any property including but not limited to parks, greenways, buildings, parking lots or other land or physical structures owned or managed by the City. 2. "Police Officer": a member of the Oregon State Police, municipal police officer, sheriff, and officer of the Tigard Police Department, including sworn members of the Tigard police reserves. 3. "Authorized Employee": any employee of the City of Tigard authorized and designated by the City Manager or Department Director to enforce any rules within City property, including buildings and parking lots. These rules shall be established by sign or notice or contained specifically within the Tigard Municipal Code. 7.58.030 Penalty for Violation Unless a different penalty is specifically provided, any violation of any provision of this Chapter shall upon conviction be punished by a fine of not more than $500, or by imprisonment of not more than 6 months, or by both. However, no greater penalty shall be imposed than allowed under Oregon law. 7.58.040 Prohibited Acts Generally 1. Any act or thing prohibited or the failing to do any act or thing commanded to be done in this Chapter, on City property, within the corporate limits of the City of Tigard and within such other areas as may be specified in this Chapter is hereby declared to be an offense against the public peace, safety, health, morals, and general welfare of the people of the City of Tigard. 2. Any act or omission made unlawful under this Chapter shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing any such act or omission. Ordinance No. 08- Page 2 of 9 7.58.050 Consistency with State Criminal Law This Chapter shall be construed so as to render it consistent with State of Oregon criminal law, and any procedures or defenses made available in the prosecution of the same or similar offenses under State of Oregon criminal law shall apply in prosecutions under this Chapter. 7.58.060 Authority of the City Manager The City Manager shall designate a person or persons to be in charge of the various City properties for the purpose of enforcing the Rules of Conduct. In addition, police and authorized employees shall have the authority to enforce the Rules of Conduct on or about City properties, as deemed necessary by the person in charge, or when actually observed by the police officer or authorized employee. The City Manager shall also appoint the authority to hear exclusion appeals. 7.58.070 Public Works Director to Make Rules and Regulations The Director of Public Works is authorized to make such rules and regulations not in conflict with the ordinances of the City as the Director finds necessary for the better control and management of City parks, greenways and City-owned or managed buildings and parking facilities. These regulations may be posted at various . City properties in abbreviated form and are in no way meant to be all inclusive of the conduct prohibited or required by this Chapter. If any person feels aggrieved by any such rule or regulation, the person may appeal to the Council for its amendment or repeal by filing with the City Recorder a petition which shall be presented to the Council at its next regular meeting. Until and unless amended or repealed by the Council, any rule or regulation made by the Director shall be in full force and effect as if it were an ordinance. 7.58.080 Rules of Conduct on City Property While on or about City property. 1. No person shall violate any Federal, State, or City of Tigard law. 2. No person shall enter or remain on any City property for purposes other than to conduct legitimate business with the City or to use that property lawfully under the rules provided by the City. 3. No person shall enter or attempt to enter any secure portion of any City government building that is not open to members of the general public, without authorization from the City Manager or a designee. Ordinance No. 08- Page 3 of 9 4. No person shall deface, damage, or destroy City property. 5. No person shall engage in conduct that degrades the appearance of City property, including but not limited to, depositing trash, spitting, urinating, or defecating upon the property. 6. No person shall engage in conduct that disrupts or interferes with the normal operations of the City government, or engage in conduct that disturbs customers or employees of the City government, including but not limited to, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior. 7. No person shall engage in conduct that subjects or may subject customers or employees of the City government to annoyance or alarm, including but not limited to, conduct that involves the use of abusive or threatening language or gestures. 8. No person shall use City property for the purpose of housing or camping, including but not limited to, placing objects such as vehicles, bicycles, backpacks, carts, or other items in a manner that interferes with free passage. 9. No person shall refuse to obey any reasonable direction of a City government employee. 10. No person shall violate any provisions posted on any City parking facility, whether that parking is generally available to the public or not. Private vehicles may not be left overnight in any City parking facility without the express consent of the person in charge of that facility. Violators are subject to cite and tow without notice where posted. 7.58.090 Enforcement and Exclusion from City Property Persons who violate any of the Rules of Conduct on any City property may be immediately ejected from the premises and excluded from City property for a period of thirty (30) to one hundred eighty (180) days. 1. In addition to other measures provided for violation of this Chapter, or any of the laws of the State of Oregon, police officers and authorized employees may exclude from City property, any person who, while on that City property violates any law regarding controlled substances, or engages in conduct that: a. Is classified as a felony, misdemeanor, or violation under the following Chapters of the Oregon Revised Statutes, or is an attempt, solicitation or conspiracy to commit any such felony or misdemeanor defined in ORS: Ordinance No. 08- Page 4 of 9 i. Chapter 162 - Offenses Against the State and Public justice; ii. Chapter 163 - Offenses Against Person(s); iii. Chapter 164 - Offenses Against Property to include Offensive Littering; iv. Chapter 165 - Offenses Involving Fraud or Deception; V. Chapter 166 - Offenses Against Public Order, Firearms and Other Weapons; Racketeering; vi. Chapter 167 - Offenses Against Public Health, Decency and Animals; vii. Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors; or b. Otherwise involves a controlled substance; or c. Has resulted in injury to any person or damage to any property; or d. Constitutes a violation of any of the following provisions of the Tigard Municipal Code: i. TMC Chapter 7.20 - Offenses Against Persons; ii. TMC Chapter 7.24 - Offenses Against Property; iii. TMC Chapter 7.28 - Obstructing Law Enforcement; iv. TMC Chapter 7.32 - Offenses Against Public Order, V. TMC Chapter 7.36 - Minors; vi. TMC Chapter 7.38 - Truancy; vii. TMC Chapter 7.40 - Nuisances; viii. TMC Chapter 7.52 _ Public Property Use; ix. TMC Chapter 7.56 - Indecent Conduct; X. TMC Chapter 7.70 - Second Hand Dealers and Transient Merchants; xi. TMC Chapter 7.80 - Camping Prohibited in Certain Places; e. Nothing in the City of Tigard Municipal Code shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or any other rights protected by the state or federal constitutions. However, a person engaged in such protected activity who commits acts that are not protected, but which violate applicable provisions or law, maybe subject to exclusion. 2. An exclusion issued under this Chapter shall be for thirty (30) days. If the person to be excluded has been excluded from City property at any time within one year before the date of the present exclusion, the exclusion shall be for ninety (90) days. If the person to be excluded has previously been excluded from City property on two or more occasions within one year before the date on the present exclusion, the exclusion shall be for one hundred eighty (180) days. Ordinance No. 08- Page 5 of 9 3. If the person's behavior does not rise to the level of behavior described in section 1 (a)-(d) above, but is causing either a significant and immediate threat to public health and safety, or a serious disturbance that is preventing other people from enjoying the City property, the person may be excluded from that City property for a period of twenty four (24) hours only. If a person receives two twenty four (24) hour exclusions under this section and then commits additional violations, any further exclusion the person receives under this section may be for a period of at least thirty (30) days. 4. No person shall enter or remain in any City property at any time during which there is in effect a notice of exclusion issued under this Chapter excluding that person from all City properties. A person who knowingly violates an order of exclusion from City property commits the crime of Criminal Trespass in the second degree (ORS 164.245). 5. Before issuing an exclusion under this Chapter, a police officer or authorized employee shall first give the person a warning and reasonable opportunity to desist from the violation. An exclusion shall not be issued if the person promptly complies with the warning and desists from the violation. Notwithstanding the provisions of this subsection, no warning shall be required if the person is to be excluded for committing any act: a. punishable as a misdemeanor or felony, b. involving controlled substances, c: which resulted in an injury to any person, d. which resulted in damage to any property, or e. City of Tigard Chapter violation 6. Written notice shall be given to any person excluded from any City property under this Chapter. The notice shall specify the date, length and place of the exclusion; shall identify the provision of law the person has violated and contain a brief description of the offending conduct. It shall be signed by the issuing police officer or authorized employee. Warnings of consequences for failure to comply shall be prominently displayed on the notice. All relevant information on the hearings and appeal process shall be included with the notice. 7.58.100 Right to Appeal 1. A person receiving notice of exclusion from City property may request a hearing before the City of Tigard Municipal Court judge, or a Hearings Officer appointed by the City Manager to have the exclusion rescinded or the period shortened. Written notice of the appeal must be filed with the City Manager within ten (10) business days of receipt of the exclusion notice. When the City Manager receives a notice of appeal, the City Manager or designee shall Ordinance No. 08- Page 6 of 9 promptly notify the Tigard Police Records Section of the notice to appeal. Failure to file written notice of appeal within ten (10) business days will be deemed a waiver of further action. a. If an appeal of the exclusion is timely filed, the effectiveness of the exclusion shall be stayed, pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of exclusion shall be effective immediately upon the issuance of the municipal court judge or hearings officer's decision, unless the municipal court judge or hearings officer specifies a later effective date. b. If a person is issued a subsequent exclusion while a previous exclusion is stayed pending appeal, or pending judicial review should a court stay the exclusion, the stayed exclusion shall be counted in determining the appropriate length of the subsequent exclusion. If the predicate exclusion is set aside, the term of the subsequent exclusion shall be reduced, as if the predicated exclusion had not been issued. If multiple exclusions issued to a single person for City property are simultaneously stayed pending appeal, the effective periods of those which are affirmed shall run consecutively. 2. Hearing procedures. a. When a timely request for a hearing is made, a hearing shall be held before the City of Tigard Municipal Court judge, or Hearings Officer appointed by the City Manager. b. The hearing shall be set and conducted within five (5) business days of receipt of the request, excluding holidays, Saturdays and Sundays. The hearing may be scheduled for a later date if the person excluded so requests, but in any case, no later than five (5) additional business days from the original request. C. At the hearing, the person excluded may contest the validity of the exclusion and may present evidence. d. At the hearing on an appeal the City shall have the burden of proving by a preponderance of the evidence the validity of the exclusion. The City may present evidence either by testimony or written report of the officer. If the City's evidence is presented only by written report and the municipal court judge or hearings officer cannot resolve a question by information contained in the officer's report, the hearing may be held open for a reasonable time to complete the record. Ordinance No. 08- Page 7 of 9 e. If the municipal court judge or hearings officer finds by a preponderance of the evidence that each element necessary to issue the exclusion notice has been proven, and if the exclusion is otherwise in accordance with law, the municipal court judge or hearings officer shall uphold the exclusion. f. If the municipal court judge or hearings officer finds that the City has not met its burden of proof, or that the exclusion is otherwise unlawful, then the municipal court judge or hearings officer shall enter an order rescinding the exclusion. If the municipal court judge or hearings officer finds that the City has met its burden of proof, but that the length of the exclusion is unreasonable under the circumstances, the municipal court judge or hearings officer may issue an order shortening the length of the exclusion. g. The decision of the municipal court judge or hearings officer is final. 7.58.110 Variances 1. At any time within the period of exclusion, a person receiving a notice of exclusion may apply in writing to the City Manager or designee for a waiver of some or all of the effects of the exclusion. The application must show good cause for waiver requested. If the City Manager or designee grants a waiver, the City Manager or designee shall promptly notify the Tigard Police Department Records Section of such action. In exercising digression under this subsection, the City Manager or designee shall consider the seriousness of the violation for which the person has been excluded, the particular need of the person to be on City property during some or all of the period of exclusion, such as for work or to attend or participate in a particular event (without ngani to the wnwr of any Veech associated with that ezent), and any other criterion the City Manager or designee determines to be relevant to the determination of whether or not to grant a waiver. Notwithstanding the granting of a waiver, the exclusion will be included for purposes of calculating the appropriate length of exclusions. The decision of the City Manager or designee to grant or deny, in whole or in part, a waiver is committed to the sole discretion of the City Manager or designee, and is not subject to appeal or review SECTION 2: Tigard Municipal Code Chapter 7.100 is hereby repealed. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. Ordinance No. 08- Page 8 of 9 PASSED: By vote of all Council members present after being read by number and Chapter only, this day of , 2008. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 32008. Craig Dirksen, Mayor Approved as to form City Attorney Date Ordinance No. 08- Page 9 of 9 Attachment 2 Attachment: Sample sign to be placed in public lobby areas of City of Tigard buildings. RULES OF CONDUCT Violation of any Federal, State or City of Tigard law will not be tolerated. No person shall: 1. Enter or remain for purposes other than to conduct legitimate business. 2. Enter or attempt to enter a secure part of this facility. 3. Engage in disruptive conduct, such as profanity, loud verbal conduct, drinking liquor, smoking, abusive or threatening language or gestures, and similar forms of rude and obnoxious behavior. 4. Interfere with the free passage of employees or customers. 5. Refuse to obey any reasonable direction of a City of Tigard employee or police officer. Only one warning will be given. If you fail to leave the premises, when lawfully directed to do so by a representative of the city or a police officer, you will be arrested for Criminal Trespass. ORS 164.245 TMC 7.58 -7,biS g D O g ~D r ~ ~n Agenda Item # Meeting Date October 21, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Washington County Urbanization Forum and Potential Policy Issues for Tigard Prepared By. Ron Bunch Dept Head Approval: C. City Mgr Approval: C. ISSUE BEFORE THE COUNCIL The Washington County Urbanization Forum has raised issues that will likely require Tigard to take positions regarding future urbanization and the provision of needed public facilities and services. Staff wishes to discuss issues it is aware of to date and receive direction from Council. STAFF RECOMMENDATION Discuss issues raised by the Counts Urbanization Forum and provide direction to staff. KEY FACTS AND INFORMATION SUMMARY The Washington County Urbanization forum began in April, 2008. The forum convenedelected officials from throughout the County to discuss how and where the County and cities could accommodate future population and job growth. Early on, there was consensus that new lands added to the Urban Growth Boundary (UGB) should not be urbanized until they became part of a City. Even though this has not been finalized, it is a likely outcome: The other two broad issues are how to best urbanize existing unincorporated UGB areas such as 63 and 64 (West Bull Mountain) and North Bethany, and how to best plan for, and provide needed services to existing unincorporated County lands i.e. Bull Mountain, Aloha, Metzger, etc. Regarding existing undeveloped UGB areas, the County, in informal discussions, indicated that each area should have a tailored approach specific to its circumstances. Staff interprets this to mean whether or not the County and service districts can provide needed services to a specific area. The County and services districts can do so for North Bethany, but cannot for areas 63 and 64. The City of Tigard is the only logical water, and possibly parks, provider. Thus, the County has raised the question, "Does Tigard have any interest in working with the County to find a way to annex areas 63 and 64 to the City?" The other major issue is, "How to ensure urban services can continue to be provided to existing urbanized county lands?" This issue has been raised in context of the reluctance of unincorporated urban property owners to annex to cities. Other question are associated with the issue, such as, "Should the County seek to acquire additional revenue to provide urban services from sources that the State has granted specifically to cities, such as franchise fees and State excise tax revenue sharing?" and "Should the County attempt to provide urban services to unincorporated urban lands on par with those of cities?" Staff's opinion is that the urban services issue is the most difficult to resolve and could take substantially more work and discussion. C\Documents and Settings\cathy\Local Settings\TempotaryIntemet Files\Content.Outlook\34URMPLM\10-21-08 AIS WA County Urbanization Forum Potential Policy Issues for Tigard.doc 1 OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST N/A FISCAL NOTES N/A i G\Documents and Settings\cathy\Local Settings\TemporaryIntemet Files\Content.Outlook\34URADLM\10.21-08 AIS WA County Urbanization Forum Potential Policy Issues for Tigard.doc 2