The URL can be used to link to this page

City Council Packet - 09/21/1987 t t 1 Eno t TIGARD CITY COUNCIL REGULAR MEETING r SEPTFIUM 21, 1987 4� OVER !I 4 f i TIGARD CITY COUNCIL PUBLIC: NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS & STUDY AGENDA sign-up sheet(s) . If no sheet is available, SEPTEMBER 21, 1987, 6:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor• or City Administrator. o STUDY SESSION o Action Area Discussion o Tigard High School Parking/Traffic Discussion 1. BUSINESS & STUDY MEETING: 1.1 Call To Order and Roll Call All Present 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For• Non•-Agenda Items 2. PUBE_IC FEARING - CENTRAL- BUSINESS DISTRICT OVERLAY CPA 87-03, ZOA 87-04, ZC 87--16 Public Hearing Opened, Staff Report Given, Testimony Heard and Public Hearing Was Closed. Council Consensus: Send back to NPO and Planning Commission for comments and/or modifications to present proposal. Schedule for public hearing and possible Ordinance consideration on October 12, 1987. . 3. NON-AGENDA ITEMS: From Council and Staff 4. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. Cancelled 5. PARK PLAN REVIEW WITH PARK BOARD - Public Comment Invited o Community Development Director 6. ADJOURNMENT - 9:51 p.m. lw/0451D COUNCIL AGENDA - SEPTEMBER 21, 1987 - PAGE 1 7 T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES — SEPTEMBER 21, 1987 • 6:47 P.M. 1 . ROLL CALL: Present: Mayor Tom Brian (arrived at 7:01 p.m. ); Councilors: Carolyn Eadon, Jerry Edwards, Valerie Johnson, and John Schwartz; City Staff: Steve Crew, Legal Counsel; Bob Jean, City Administrator; David Lehr, Chief of Police; Bill Monahan, Community Development Director-; Liz Newton, Senior Planner; and Catherine Wheatley, Deputy Recorder-. 2. STUDY SESSION a. Study Session called to order by Council President Edwards. b. Council Calendar. City Administrator advised the Brick Courtyard Party was scheduled for Sunday, Oc:Lober• ll . After discussion, consensus was to schedule Lhe City Administrator Review on Tuesday, October 6, 7:00 p.m. b. Tigard High School Parking Discussion. Council roceived Agenda Item Summary Prepared by the Chiof of Police outlining issues on High School Parking Concerns. Chief of Pol.i.cit was present to discuss this issue with Cournci.1; he gave a synopsis t f the i ;sue and responded to questions by the Council. The following topics were discussed: ` o Estimate of overtime by police offic.ars was Approximately 18--20 hours per- high school football game. o Councilor Schwartz noted a petition by citizens may be received on this issue. Concerns by citizens would include "bad signage" and time periods of enforcement. o Chief of Police discussed with Council signage; i .e. , more signs and mark irig of pavement. Chief also advised announcements could be made during the first quarter of football games advising people to move cars if parked illegally. Towing of vehicles illegally parked could then commence after the first half of the game. o Chief of Police advised he had been in contact with school officials with suggestions for alleviation of parking problems. Chief said school officials were concerned with aesthetics of the proposal. Chief- also suggested to school representatives that ticket booths be placed to accommodate access to the spectator stands from the designated parking areas. o Council also discussed the City—wide issue of parking too closely to mail boxes. Page I — COUNCIL MINUTES — SEPTEMBER 21, 1987 o A joint Council/School Board meeting was scheduled for October 8, 1987. After• discussion, consensus of Council was that the City Administrator and Chief of Police should also be present at this meeting. C. Action Area Discussion. Community Development Director and Senior Planner Newton were present to answer questions by Council. Community Development Director summarized this issue. He noted concerns by Planning Commission which included the creation of non—conforming uses and the need for more detailed criteria to properly administer• the proposed ordinance amendment. Senior Planner Newton discussed with Council the restrictions on trucks. Some merchandisers need larger trucks for their businesses . There was a suggestion for inclusion of language which would permit trucks to be stored on--site if parked at a loading dock or screened from view at the street. Councilor Eadon noted concerns on creation of "site blight" behind facilities; residential areas need protection from this problem as well . Consensus was for changing Page 1, on the page entitled "Action Areas," Prohibited Uses to include: 2. On—site, overnight outside storage of fleet vehicles in excess of two single axle trucks. 3. On--site outside storage of construction equipment. 3 . BUSINESS MEETING a. Called to Order at 7:36 p.m. b. 'There were no non—agenda items. City Administrator advised that the Executive Session was cancelled. 4. VISITOR'S AGENDA (This Stem was not. on the agenda for the meeting; however, two citizens were present with concerns and were allowed the opportunity to address Council. ) a. Roger Heath, 12215 S.W. 128th asked Council to consider streamlining the building permit process. Mr. Heath said that storage buildings should not be required to have a building permit, the five—foot setback requirement was too much and that the $75 permit fee was excessive. Mayor advised City is in the process of reviewing the Development Code and thanked Mr. Heath for bringing this to their attention b. Mona Steel, 16440 S.W. 113th Avenue read into the record a letter signed by her and Leon Steel. Mrs. Steel was concerned with the oil/sand filter system she said Westwood Construction was planning to install at the project located at Durham Road and Pacific Highway (Albertson's) . Page 2 — COUNCIL MINUTES — SEPTEMBER 21, 1987 f i NEW Mrs. Steel advised she had contacted the City Administrator earlier that day. City Administrator and Community Development Director advised that staff was aware of the situation and responded to questions by Mrs. Steel and the Council. City Administrator- said that shortly after Mrs. Steel's call on this date, an engineer from the City visited the site. T*he Department of Environmental Quality (DEQ) is monitoring this situation. Westwood has requested to pave all parking lots prior, to obtaining permits from Washington County for the replacement of the culvert on S.W. 113th Avenue. City staff has required that Westwood obtain these permits prior to paving the parking lots. City Administrator advised that Westwood has the option of either, putting in place a filtering device (DEQ is recommending a different system than what Westwood is proposing) or planting a cer•Lain type of grass in Lhe ditches . The Development Code is not specific in dealing with this topic; quality control is DE:Q's responsibility. Mayor, requested Staff advise Council on this issue as information develops. 5. PUBLIC HEARING — CENTRAL BUSINESS DISTRICT OVERLAY — CPA 87-03, ZOA 87-04, ZC 87-16 a. Public Hearing was Opened. b. There were no declarations or challenges . C. Summation By Senior- Planner Newton. The "Action Areas" proposal was reviewed by Cho. City Center Plan Task Force and the Planning Commission. The Commission would like additional time to review and comment on the proposed change, particularly, in the area of administration. i d. Public Testimony ' o Emmett Whitaker, 13250 S.W. Burnham Court, was present on behalf of NPO N1. He reported that NPO 01 agreed in concept to this plan; however, the plan as presented is not adequate and the NPO would like to see it more detailed. Councilor Johnson commented, and Senior Planner Newton confirmed, that the proposal was not a complete set of criteria but rather a set of guidelines for establishing the criteria. ` There was discussion by Council on the need for getting some t guidelines in place as soon as possible. x e. Senior Planner Newton noted that the staff recommended the `e Council remand the matter to the Planning Commission. i f. Public Hearing Closed. Page 3 — COUNCIL MINUTES — SEPTEMBER 21, 1987 i g. Council discussion followed. Consensus was to allow additional time for the NPO, City Center Task Force and Planning Commission to work on the proposal and make recommendations to the Council. An additional public hearing could then be scheduled on October 12, 1987 (or shortly thereafter) for Ordinance consideration. (Meeting Adjourned to Town Hall Conference Room at 8:20 p.m. ) 6. PARK PLAN REVIEW WORKSHOP WITH PARK BOARD a. Park Board Present: Dr. Dan Graham, Chairperson; Stave Slabaugh, Vice Chairperson; Bud Hillman, School District Representative; Carolyn DeFray, Jeff Hepler, and Robert O'Dell . Also present from City Staff: Curtis Spaan, Parks Crew Chief. b. Park Board Chairperson summarized the Board's strategy plan for- implementation of the five-year and ten-year plan (soo attached listing) : 1 . Land Acquisition - what City presently has and what is hoped to be in 10 years. land acquisition was prioritized as well . 2. Improvement Projects. 3 . Development Projects. C. Councilor Johnson inquired on the amount of usage of the smaller neighborhood parks. Park Board Chairperson said he believed that the people were out there and using the parks; however•, he had no "hard data" on this. Parks Crew Chief said Lhat Cook Park is highly used because it is reservable, but he. , too, felt the neighborhood parks were used. He noted larger parks are more economical due to decreased maintenance expenses . d. There was discussion on strategy for focus on completion of projects. City Administrator suggested that the Improvement Projects for Cook, Fanno Creek and Summer-lake Parks i.-Along with implementation of completion of a pathway system may be the best use of dollars available and consistent with proposals brought out during this discussion. e. Park Board Chairperson commented that larger parks would require a Master Parks Plan which would cost approximately $10,000 per park. f. There was lengthy discussion on a financial target consisting of money available through Systems Development Charge Fees coupled with a possible levy amount. Consensus was that 15¢ per thousand dollars of assessed value would be consistent with Council estimates and enable implementation of the first stages of the proposed five-year plan. Discussed was the possibility of having this go before the voters in the spring of 1989. g. Consensus of Council as to timeline and direction for the Park Board was as follows: Page 4 - COUNCIL MINUTES - SEPTEMBER. 21, 1987 o Park Board to reprioritize projects within the Financial Target; i .e. , 15¢ per thousand dollars of assessed value + amount available from the Systems Development Charges for a total of around $1,250,000+/—. This reprioritized list should be back to Council in October or November•. o Identify critical land for future park noeds while simultaneously earmarking and reserving SDC funds for this purpose. The possibility of increasing SDC fees should be explored; this must be done through the budget process which begins in December or January. o Site plans should be prepared and before Council on Summerlake and Fanno Creek Parks in June or July, 1988. Cook Park would require a separate Park Master Plan. o Coordinate with Senior Planner Newton for• any Development Plan/Code Revisions necessary. o Fall of 1988 — begin education of community on plan being proposed. o Spring 1989 -• Levy question to voters. 6. ADJOURNMENT: 9:51 p.m. Approved by the Tigard City Council on October• 12., 1987. 1 Deputy Recorder - City ott Tigard ATTEST: Mayor - City of Tigard CW/1178D Page 5 - COUNCIL MINUTES - SEPTEMBER 21, 1987 �J""GARD PARK SYSTEM COST ESTIMATE _ FIVE YEAR PLAN PARK LEVY SDC TOTAL I.A. Land Acquisition - (refer to Map A) 90,000 0 90,000 Area A: 3+ acres (Jack Park) 0 dedication Area A: 7+ acres (Sumner Lake Park) dedication 190,000 0 190,000 Area A: 2 acres (Summer Lake Park) 180,000 0 180,000 Area B: 6+ acres (Englewood Park) 150,000 0 150,000 Area F: 5 acres (Gentle Woods/Fanno Creek Area) 0 dedication Area G: 14+ acres (Fanno Creek Park) dedication 000 0 200,000 Area G: 1 acre (Fanno 200, Creek Park) JUA Area K: 5 acres (Tigard Water District Site) JUA 0 use 90,000 0 90,000 G�Jf,Q4me�� Area M: 3 acres (Dover Landing/113th Area) 0 dedication 0k-Ker Area M: 19+ acres (Cook Park) dedication ()"b%%L) P. 900,000 0 900,000 P. TOTAL: B. Land Acquisition - (refer to Map B) Greenway Park System: 8+ Miles LAP LAP LAP .-- 900, GRAND TOTAL - LAND ACQUISITION: 000 0 900,000 II. IMPROVEMENT PROJECTS Cook Park - 0 12,000 12,000 Play Structure 0 20,000 Covered Area 20,000 Picnic Facilities (30 each) 0 5,000 5,000 0 500 500 Drinking Fountains (2 each) 3,000 3,000 Benches (10 each) 0 0 5,000 5,000 Trails Horseshoe Pits 0 100 100 Volleyball Court 0 300 300 Trash Receptacles (20 each) 0 2,000 2,000 Gate 5,000 0 5,000 Wading Pool 5,000 0 5,000 TOTAL: 30,000 27,900 57,900 Englewood Park - Repair Play Equipment 0 5,000 5,000 60,000 0 60,000 Pedestrian/Bicycle Paths 20,000 0 20,000 Sport Court 0 2,500 2,500 Picnic Facilities (5 each) 0 3,000 3,000 Benches (10 each) Landscape Buffer Trash Receptacles (10 each) 0 1,000 1,000 80,000 11,500 91,500 TOTAL: Fanno Creek Park - Picnic Facilities (3 each) 0 1,500 1,500 Benches (10 each) 0 3,000 3.000 r z OEM i Play Equipment/Structure 7,000 p 7,000 s 4 0 Outdoor Theater rHE 50,000 0 50,000 #, Park Entrances and Restroom p 30,000 Pedestrian/Bicycle Patha 30,000 1,000 p 1,000 Trash Receptacles (10 each) r 88,000 4,500 92,500 TOTAL: !f! 4 : Greenway Park System - (refer to Map B) 475,000 0 475,000 Pedestrian/Bicycle Paths 0 5,000 Trails 5,000 _ _ Stream Crossings Road Crossings 7,200 p 7,200 Benches (24 each) 0 2,400 2,400 Trash Receptacles (24 each) 480,000 9,600 489,600 TOTAL: t Jack Park - 0 10,000 7 Covered Shelter 1 ,000 7,000 0 7.000 i Play Equipment/Structure 2,500 2,500 Picnic Facilities (5 each) 0 0 1,500 1,500 Benches (5 each) 500 500 Trash Receptacles (5 each) i TOTAL: 17,000 4,500 21,500 Liberty Park - _ _ - Sign 200 200 r Trash Receptacles (2 each) 0 c 4 0 200 200 TOTAL: i Main Park - Sign _ _ ._ Lighting _ Irrigation System 500 p 500 e 0 600 600 Benches (2 each) 200 2pp ` Trash Receptacles (2 each) 0 Landscaping 500 C00 1,300 ' TOTAL: ` t Summer Lake Park - Ballfield 7,000 50,000 57,000 50,000 0 50,000 Tennis Courts (4) 0 20,000 Sport Court 20'000 ' Volleyball Court 0 300 300 Picnic Facilities (10 each) 0 5,000 5,000 #. Trash Receptacles (20 each) 0 2'000 2.0 Play Equipment/Structure0 10,000 10,000 Pedestrian/Bicycle Paths 60,000 0 60,000 Bridge 10,000 0 10,000 0 Parking (100 spaces) iErr � 0 � Lighting Irrigation System 30,000 0 30,000 0 10,000 Restrooms 10,000 Caawnity Center and Shops (res!odel) 80,000 0 80'000 20 each 0 6,000 6,000 Covered Shelter 10,000 0 10,000 5,000 0 5,000 Wading Pool TOTAL: 282,000 73,300 355,300 Windmill Park - 0 1,000 Interpretative Signs 1,000 0 600 600 Benches (2 each) 100 100 Trash Receptacles (1 each) 0 p 250 250 Drinking Fountain 0 500 Irrigation System 500 - - Landscaping TOTAL: 1,500 950 2,450 Woodard Park - 0 7,000 Play Equipment/Structure 7,000 p 1,200 1,200 Benches (4 each) Pedestrian/Bicycle Paths 2,000 0 2,000 Landscaping - Sport Court (1/2 size) 10,000 0 10,000 Picnic Facilities (4 each) 0 2,000 2,000 o aoo 400 Trash Receptacles (4 each) TOTAL: 19,000 3,600 22,600 GRAND TOTAL - LAND ACQUISITION: 998,000 136,850 1,134,850 Iii, Development Projects - (refer to map A) Area F - Neighborhood Park 37,000 8allfield 0 37,000 0 10,000 10,000 Sport Court 0 300 300 Volleyball Court 000 10,000 Play Equipment/Structure 0 10, Picnic Facilities (3 each) 0 1,500 1,500 Pedestrian/Bicycle-Paths 0 30,000 30,000 Benches (5 each) 0 1'5w 1,500 Trash Receptacles (5 each) 0 500 500 Irrigation System 0 12,500 12,500 Lighting/Utilities TOTAL: 0 103,300 103,300 Area K - neighborhood Park Benches (5 each) 0 1,500 1,500 500 0 12,500 Pedestrian/Bicycle Paths 12, Trash Receptacles (5 each) 0 500 500 000 10,000 Irrigation System 0 10, Lighting/Utilities 0 - Landscaping TOTAL: 12,500 12,000 24,500 Area M - Neighborhood Park Pedestrian/Bicycle Paths 10,000 0 10,000 Picnic Facilities (3 each) 0 1,500 1,500 Trash Receptacles (3 each) 0 300 300 Inches 0 1,500 1,500 5 each) 0 ** Lighting/Utilities _7,500 0 7,500 Irrigation System Landscaping TOTAL, 27,500 3,300 30,800 GRAND TOTAL - DEVELOPMENT PROJECTS: 40,000 118,600 158,600 900,000 0 900,000 I. Land Acquisition 136,850 1,134,850 II. IWrovement Projects 998,000 III. Development Projects 40,000 118,600 158,600 TOTAL: 1,938,000 255,450 2,193,450 TOTAL 1,938,000 255,450 2,193,450 C00TTIW,M-Y/REVENUE S11ORTFALL 200,000 105,000 305,000 PROFESSIONAL SERVICES 100,000 0 100,000 BOND COSTS 75,000 0 75,000 GRAND TOTAL - FIVE YEAR PLAN: 2,313,000 360,450 2,673,450 LAP - Land Acquisition Program (sill determine costs) JUA - Joint Use Agreement - Cost to be determined upon completion of accurate appraisal - Cost to be determined upon completion of Master Park Site Plans t - cost to be determined upon completion of renovation plans. ca/3434P TIGARD PARK SYSTEM Land Acquisition (Listed in order of priority) Cost Estimate 1. Area G: 1/2 — 1 acres (Fanno Creek Park) 100-200,00 2. Area G: 14+ acres (Fanno Creek Park) dedication Area A: 2 acres (Summer Lake Park) 190,000 4. Area A: 7+ acres (Summer Lake Park) dedication 5. Area F: 5 acres (Gentle Woods/Fanno Creek Area) 150,000 6. Area M: 3 acres (Dover Landing/113th Area) 90,000 7. Area 8: 6+ acres (Englewood Park) 180,000 8. Area A: 3+ acres (Jack Park) 90,000 9 Area K: 5 acres (Tigard Water District Site) JUA 10. Area M: 19+ acree (Cook Park) dedication TOTAL: 800,000-900,000 cs/3434P TIMES PUBLISHING COMPANY Legal 7-65142 P.O.BOX 370 PHONE(503)684.0360 Notice BEAVERTON.OREGON 97075 Legal Notice Advertising • • O Tearsheet Notice City of Tigard • PO Box 23397 • 0 Duplicate Affidavit 7' Tigard , OR 97223 i • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I. Anne Jean — being first duly sworn, depose and say tti8t I am ttge Tgvertising Director, or his principal clerk, of the Ti par ime a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at_..____'Z:LZuril-- in the aforesaid county and state; that the n_„i�,—b4ec� a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 successive and consecutive in the following issues: I Subscribed sworn before me "Apt• - 1 7 , 1 9 87 Pary Public for Oregon My Commission Expires: 9-20-88 AFFIDAVIT off ., V r "The ellowieg selecled'agft- ft-items are publi9k6d for your.trddhrtatlon. Further tntarmutlon and full age ndss may be.abbintd barnthe City Recor- der,13125 SW hall Blvd,Tigard.Oregon 97223,or byy.cWHOS 4" 94171.:' CnY t'.OUNC lL-9EGULAR MEETING am 6:3()P.M.study Sesslon-7:24 PA P.08 tta r S etfltlg` T` r i IGAARD CIVIC 1.3125 SW$ALL1:.I3QUt.�V1�Ipi'TYfiA Public Hearing—Ceraml TlsI 1?igqta",�tOvcta I Parc Plan Review wiitt Part-w-I Executive Ste"-. , red `' � '' ' t� 211111111 M0111�1111111111 ic 1 i*C 4cc -lc ac it Q\ * 4c 4c 4c x 4c K Nis 4 is 4c C x v .1c .*K ,4 c a i*c O O4.4 91 - 4C CO -k a z * 3 Ca V u V ►—� is x i, ca a u* b I_ i1 .1c N E• a ic roe 0 .0 CA � c C 6 it\g e. if U ^' V 'OC p -k 43) -M $4 c4 4C 4c O W is 4c is a X A O 9c .K K 6 d H is K it �. # WL V # is it u +4 OC * * C iC O iC to Ic N G Ai -K41 -!C aJ y.4 0. H 4c is ca 4C De ,c A u .moi u "4 -K s o 0) *K a*K '++ 0 w A z x 7 -y -K H H L L -k 0-4 !C q 14 is i� ,lt iC 4c O is O is 9C W iC Cp A1C iC iC 11 x 4C L A1C •d '!C is ty•�c is 4c C is is is O is K •!c M is pi i*c lc O -!c g -% Ka * z � I � September 21, 1987 Leon and Mona Steel 16440 SW 113th Avenue Tigard, Oregon 97224 Mayor Brian and Council Members: Several months ago I came before this council about the oil/sand filter system that Westwood Construction was planning to install. We knew then that it was "totally inadequate". We informed you, the Council, the City of Tigard Engineers, and we met with Westwood Construction engineer about the design. It has taken us this long to finally get someone to say, "Yes, you are correct". We have contacted many federal and state officials about our concerns. They finally referred our concerns to the DEQ. On September 17, 1987, the Benzs and we met with Robert P. Baumgartner, Point Source Specialist of Water Quality Division Planning and Monitoring Section. Mr. Baumgartner informed us of DEQ's findings concerning the filter system being "totally inadequate" during heavy rain periods. It was our understanding in our conversation with Mr. Baumgartner that he had a lengthy conversation with the engineers and was very explicit that it was "totally inadequate". I want to make you aware of the Federal Law concerning stormwater dis- charges which is set forth in Section 405E of the 1987 Clean Water Act flum (CWA) . This law specifically pertains to municipal and industrial IIIIIIIIIIIIIIIIS stormwater discharges which this is. According to the Water Resources Department we have water rights and in good standi. g. We have certain rights that protect us against upstream junior appropriators. If attributable damage occurs because of Westwood Development, it would be a civil matter. We also feel that the City of Tigard has certain liabilities since they OK'd this project and this filter system. We have just been informed that a car wash and filling station are being considered by Westwood Construction for the Tigard Town Center. We are asking where will this water go? Which creek do they intend to contaminate with their waste water? We are asking that the City of Tigard take a second look at this project and not allow Westwood to blacktop their parking lot or redo Durham Road until this matter is totally resolved. Thank you. Mona and Leon Steel CITY OF TIGAR.D, OREGON COUNCIL. AGENDA ITEM SUMMARY AGENDA OF: September 21, 1987 DATE SUBMITTED: September 11, 1987........... ISSUE/AGENDA TITLE: CPA 87-03 PREVIOUS ACTION: PlanninT_Comniissiori— ZOA 87-04, ZC 87-16 Review September- 8, 1987 PREPARED BY: Keith Liden, Sr-._Planner DEPT HEAD OK '/ ITY ADMIN 0 REQUE.',**,TED BY: ..................... ........................................... pot-ICY ISSUE Should tile City establish Action Areas as zoning overlays for- areas of the City which ar-e under consideration for, individual action plans? Should the downtown be designated as an action area? INFORMATION SUMMARY The "Action Areas" pr-opo..;al has been reviewed by jjje City center- P1,--an Task Force and the Planning Commission. Attached is the memo from Liz NowLon and proposed amondmoriLs that ware reviewed by the Commission. Also, the Commission reaction Lo the original and Task Force proposals is summar-ized in the jA. j'tachpd memo from Keith Lidon. -file Commission would like additional time to r-oviow and commont. or, the proposed change par-ticular-ly in the area of administration. ALTERNATIVES CONSIDERED 1 . Discuss tho pr-opo-sod 14AngL1tAg0 creating oc L i on Ar-via-3 within the Community Development Code and designating the downtt..)wn (.,irvas as an Action Area. Direct staff t(.) return with an ordinance. 2. Modify tho pr-oposod 1,4riquago cr-oating Action Areas and designate the downtown as an Action Area. Direct staff to return with an or-dinance. 3 . Take testimony and remand Lho matter to the Planning Commission for- further- analysis. 4. Take no action. FISCAL IMPACT SUGGESTED ACTION The staff recommends that the City Council review and discuss the proposed language and remand the matter to the Planning Commission. br/0884D E • AGENDA ITEM 5.4 PLANNING COMMISSION SEPTEMBER 8, 1987 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission September 2, 1987 FROM: Liz Newton, Senior Planner Z'- SUBJECT: SUBJECT: "Action Areas" r Among the Council goals for 1987-88 are "DEVELOP CITY CENTER ACTION PLAN" and "DEVELOP TARGETED ECONOMIC DEVELOPMENT ACTION PLAN". The City Center Plan Task Force was appointed about 6 months ago to spearhead the City Lenter Plan. The Economic Development Committee has taken the lead un the targeted Economic Action Plan. The Tigard Triangle Area will be reviewed as part of F this effort. City Council is concerned that development riot be prohibited in these special areas during the development of goals and design standards but that development which does occur be somewhat compatible with future plans for the areas. To accomplish this, staff proposes that the City adopt the "Action Area" concept which is loosely modeled after the activity centeii concept used in Clackamas County around Clackamas Town Square. The Action Area concept: involves three major elements. First, it requires that areas to be reviewed like the CBD or Triangle be designated as Action Areas. Second, it requires that a Design Plan be adopted for Action Areas. Lastly, it requires thet interim standards as set forth in the Code provisions be addressed for any development occurring in an Action Area to ensure that the development is riot in conflict with intentions of a proposed Design Plan. Attached are the proposed standards to be included in the Development Code and the proposed goals and policies to be included in the Comprehensive Plan. RECOMMENDATION 1. Review the proposed development standards and goals and polices, suggest modifications and recommend approval to City Council. 2. Recommend to City Council that the area designated CBD on the Comprehensive Plan be designated as an Action Area. sb/0760D l E s z a ACTION AREAS z PURPOSE This Chapter is designed to implement the policies of the Comprehensive Plan for Action Areas which include provisions for a mixture of intensive land uses. F i APPLICABILITY } The provisions of this chapter apply to Action Areas designated on the comprehensive plan Map. USES Permitted Uses and Conditional Uses allowed in an Action Area shall be as specified in the underlying zoning district. PROHIBITED USES s 1. Outdoor storage of materials, products, or supplies. VO 2. On—site outside storage of fleet vehicles in excess of two single axle s. DEVELOPMENT STANDARDS All development within an Action Area is subject to the review and application 4 requirements under sections 18.120.010 — 18.120.100 and Chapter 18.130. as modified below: A. Action Area Design Plan: All new developments and expansions of existing developments shall comply with the adopted design plan for the Action Area. 1. The design plan will provide for a coordinated approach to area planning and development. 2. The design plan may require the provision of, or participation in, the development- of public facility improvements to implement the design plan. Such improvements may include, but are not limited to, 3 the following: a. Road dedications and improvements; ' b. Participation in signalization; C. Sidewalks and bikeways; d. Crosswalks and/or overpasses;. e. Storm drainage -facilities; f. Sewer and water service lines and improvements; g. Underground utilities; h. Street lights; i. Transit stops and bus shelters; s j . Transit information displays; k. Participation in Park—and—Ride facilities; 1. Participation in public restrooms; r M. Street tree and median landscaping and development; and, ! n. Open space, pedestrian plazas. — 1 — I B. Interim Requirements: In the absence of an adopted design plan, it may be required that the foregoing issues, under subsection be addressed, for new developments as necessary to serve the use and provide for projected public facility needs of the area, pursuant to chapter 18.164 as determined by the Planning Director. C. Conditions of Approval : The City may attach conditions to any development within an Action Area to achieve the following objectives: 1. The development shall address transit usage by residents, employees, and customers if the site is with one quarter mile of a public transit line or transit stop. Specific items to be addressed are as follows: a. Orientation► of buildings and facilities towards transit services; b. Minimizing transit/auto conflicts; C. Encouraging transit supportive users; d. Shared parking and structure or under structure parking to avoid excess parking area. 2. The development shall facilitate pedestrian/bicycle circulation if the site is located on a street with designated bikepaths or adjacent to a designated greenway/open space/park. Specific items to be addressed are as follows: a. Provision of efficient, convenient, and continuous pedestrian and bicycle transit circulation systems, linking developments within the Action Area, and surrounding development; b. Separation of auto and truck circulation activities from pedestrian areas; C. Pedestrian—oriented design; d. Provision of bicycle parking; and, e. Outdoor lighting. 3. Coordination of development within the Action Area. Specific items to be addressed are as follows: a. Continuity and/or compatibility of landscaping, circulation, access, public facilities, and other improvements; b. Siting and orientation of land uses which consider surrounding land uses or an adopted plan; and, C. Provision of frontage roads or shared access. — 2 — �r ACTION AREAS Action Areas are designated on the land use map where transit service and pedestrian traffic are encouraged in conjunction with Commercial, Light Industrial and Medium, Medium-High and High Density Residential Uses. GOALS o Reinforce the mutually supporting nature of intense land uses and high accessibility of major transit stations. a Encourage the use of public transit and facilitate that use through land use and design controls. o Encourage and facilitate pedestrian traffic through land use, circulation patterns and design controls. POLICIES 1.0 Designate as Action Areas concentrations of General Commercial, Light Industrial, Medium, Medium-High, and High Density Residential where the following criteria are met. a. Area is generally within one-quarter mile of a major transit center or trunk route. b. Areas with existing uses which are frequented by pedestrians, or vacant land which could support uses which would be patronized by pedestrians and/or transit riders. C. Areas which are currently automobile oriented may be included in anticipation of a change of use or redesign of pedestrian ways to better integrate the use into the action area. 2.0 Determine permitted uses through zoning. Further regulation of uses in Action Areas shall be accomplished with an overlay zone which limits specific automobile oriented uses as permitted uses and encourages a higher level of uses which are pedestrian and public transit oriented. 3.0 Require that all development permitted in action areas be designed to facilitate pedestrian movement within the center and to transit. 4.0 Review and update city parking ordinances to recognize parking needs in Action Areas. 5.0 Develop a design plan for each Action Area to provide guidance for financing public improvements and integrating various land uses. Plans for automobile, transit, pedestrian and bicycle circulation, open space, storm drainage, sewerage, and lighting will be included. The City will have the primary responsibility for developing the design plan but will coordinate with Oregon Department of Transportation, and Tri-Met. 6.0 Development in the Action Areas may be subject to special circulation and design considerations during design review prior to completion of the design plans. 3 - 7.0 Encourage formation of Local Improvement Districts or other suitable programs for each action area to finance implementation of the design plans. sb/C 387D 4 — MEMORANDUM CITY OF TIGARD, OREGON f' TO: City Council September .10, 1987 FROM: 1<eith f-iden, 'Senior' Planner, SUBJECT: Planning Commission roview of "Action Arras" overlay File No. ' s CPA 87-03, 70A 87--04, and 70 87--16 On Septembor• 8, 1987, the Commission r-eviowed 010 proposed "Action Areas" concept to be added to the Coniprehensivo Plan and Community Dovolopmont code. Bec.+cruse of the short time allowed to r•pviow the draft and tho need for. additional background infor-ma t.ion, tho Commission docIiriod to make a r'ecommeridation but the fullowin7 conimenit, are torwardrd to the Council : 1 . The basic concopt; of in uverLiy zonrd for downtown Appoar•s to have nio r•i t. 2. Cr-eating non confur•mirig use status for- existing businesses and public facil it dos such as GTE' City Ilal l , <.Arid City shops duos riot appear to be advisable. 3 . There does riot, appear to be sufficioritly dptaailcd cr•iter•ia to properly administer this proposed or•dinanco amondmont. dmj/0881D KEEHN CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 2.1, 1987 DATE SUBMI:T-EED: September 21, 1967 ISSUE/AGENDA TITLE: _Nigh School PREVIOUS ACI-ION: _ Par,king Conc ns — Special Events _ Parking PREPARED BY: David C. Lehr _ DEPT HEAD OK CITY ADMIN OK REQUF:.SIE:U BY: City Council 1 POLICY ISSUE Whether the City shall continue to aLLompt to resolve high school parking concerns through off--siL-e engineering and enforcement efforts or whether the School District should resolve the issue by the provision of adequate on--site parking. i INFORMATION SUMMARY Last Fall , the issue of high school parking concerns was discussed by the City Council . Three separ•aLe, but related, issi.ies were addressed. The first was the concern of Kneeland Estate residents and City staff about par-king on the west side of 92nd Avenue. That .issue was resolved by Council action. The second issue was daytime parking In the r-esidential area by st' udents . the parking of student vehicles in Lhe residontial arca leads to blocking of driveways, mail boxes t.and fire hydrants, litter•, and loitering in the residential areas. The problem continues to date. The Police Depar-tment; and the High School are te',irig measures to cor•rec:L the problem, inc1udirig ticketing of illegally parked cars, towing of vehicles blocking driveways and fire hydrants and, starting September 23. , Monday, students being called out of class to move their- vehicles to .available parking spaces on 92nd Avenue and 65th Str.oet. The third issue is parking related to special events, especially football games. last year-, the Council discussed sover'al all:er•native approaches to dealing with the problems related to football fans parking in residential areas, including illegally parked cars, cards blocking fire hydrants and driveways, trespassing, vandalism, public urination and other- viol�ati.ons. Council directed the Police Department staff to provide high profile patrol of the .area with ticketing and arrests. We wvr•c to ALLempt, to encourage parking in Cook Park. During the last football game of 1986, the Department used that approach and felt it to be fairly successful, although the attendance at that game was low. We also used that approach during the first game of this season with a large measure of success. Forty—one parking tickets were issued and high profile patrolling was done. We had an informal survey conducted in the Kneeland Estates subdivision and had unanimous approval of our efforts from the nine people surveyed. To enhance our coverage of the residential areas during football games, I have directed Lt. Wheeler to convene a detail of the SROs, reserves and the motor officers to patrol the game and the residential areas. We will continue to ticket and we will tow vehicles blocking fire hydrants and driveways . We will provide high profile patrols or the area. The costs of providing this level of patrol will be in overtime for the SROs and one motor officer. Al Zimmerman, the Nigh School Principal, is considering allowing parking on the ball fields on the south side of the football stadium. We will also encourage parking in Cook Park and perhaps provide shuttle bus service to the (' stadium. Cook Park parking is now lit and people might be more willing to park there. The Police Department staff will continue to work with the Nigh School staff in taking corrective action in these areas. ALTERNATIVES CONSIDERED 1 . Receive and file. 2. Council provide new direction for Police Department staff. FISCAL IMPACT 1 . Overtime costs for SRO' s and one motor• officer•. SUGGESTED ACTION 1 . Staff recommends adoption of Alternative 111 . sb/0992D MEMORANDUM eSStOr. r.. CITY OF 'TIGARD, OREGON TO: Honorable Mayor & City Council September- 14, 1987 FROM: Bob Jean, City Administr•,+tor SUBJECT: City-County Issues Discussionith Commissioner Rogers We have one hour- scheduled from 6:30--7:30 p.m. with Commissioner- Rogers . Some of the topics for- possible discussion ar-e: o Western By-Pass o Tualatin--Sherwood-Edy Road o MSIIP o County 2000 and County :4wvice Distr•,r.ct, u Northeast Metzger- and Annexation Upd,At:e o Transportation Plianning (Rull Mountain Area, etc. ) u WCCI_S o TCYS o T.I.F. Fees/S.D.C. Fees o Active Plan Areas cw/0895D _r CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council September 16, 1987 FROM: Bob Jean, City Administrator SUBJECT: COUNCIL_ CALENDAR, FY 1987-88 Attached is an updated tentative calendar• for this fiscal year. Official Council meetings are marked with an ai:terisk (x) . I've put: question marks (7) along side those still needing Council ON. I*f generally ON, we can pr•ocood and make specific adjustments in the Monthly Council Calendars. September *20, Mon Council Business Agenda (6: 30/7:30) 30, Wed Budges: Committee Workshop (Operating Budget Finance) October unscheduled Executive Session (City Administrator Peri'. Review)? 1, Thur• Sherwood-SL Cities Meeting 7, Wed Beaverton-Tigard Council Mooting (5:30 PM Embassy Suites) 0, Thur•s Metzger Water District Ruar•d (5:30 PM Progress Downs) Tigard School District--Tigard Council 0 PM Metzger' School X12, Mori Council Business Agenda (6: 30/7:30) x19, Mori Council Study Agenda (6:30) X26, Mori Council Business Agenda (6:30/7:30) November *2, Mon Council Business Agenda (6:30/7:30) 7-10, Sat--Tues League of Oregon Cities Confer-ence, Portland (NOTE: Most Council related issues on Saturday & Sunday) *16, Mori Council Study Agenda (6:30) 18, Wed Budget Committee Workshop (Capital Budget Finance) 2.0-21, Fri-Sat Council Goal Setting Workshop *23, Mon Council Business Agenda (6:30/7:30) 26, Thurs Thanksgiving Holiday 27, Fri City Hall Closed December *7, Mon Council Business Agenda (6:30/7:30) 12-16, Sat-Wed National League of Cities Conference (Las Vegas) *14, Mori Council Study Agenda (6:30) *21, Mon Council Business Agenda (6:30/7:30) r Page 2 Council Calendar-, FY 87-88 January ?4, Mori Fanno Creek/Town Hall Conference? *11, Mori Council Business Meeting 13, Wed Budget Committee Meeting (Sum)lemental Budget & Budget Guidelines) X18, Mori Council Study Agenda (6:30) X25, Mori Council Business Agenda (6:30/7:30) February X1, Mori Council Business Agenda (6:30/7:30) X8, Mon Council Study Agenda (6:30) *15, Mori Council Business Agenda (6:30/7:30) 22, Mori NO COUNCIL (President' s Day) March ?2, Wed Budget: Committee (Message and Revenues) K7, Mori Council Business Agenda (6:30/7:30) ?9, Wed Budget Committee (Depar•tmenlal Requests) X14, Mori Council Study Acjenda (6:30) ?16, Wed Budget Committee (Depar•Lment:al Roquests) X21, Mon Council Business Agenda (6:30/7:30) ?2.3, Wed Budget: Committee (Recommendation) ?30, Wed Budget Committee (Recommendation) April K11, Mon Council Business Agenda (6:30/7:30) ?15-16, Council Workshop X18, Mori Courlc•iI Study Agenda (6:30) )25, Mori Council Business Agenda (6:30/7:30) May. )(9, Mari Council Business Agenda (6:30/7:30) K16, Mori Council Study Agenda (6:30) l *23, Mon Council Business Agenda (6:30/7:30) June M13, Mon Council Business Agenda (6:30/7:30) *20, Mon Council Study Agenda (6:30) *27, Mon Council Business Agenda (6:30/7:30) mh0028a i i Ao '4 law, soak an 9 lam ~ftue ,HU t 100 r •• :. HILLSBORO -'A five-year.levy for pM,000 annually to buy and build city parks is before Hillsboro voters on the Sept. 15 The$2 million would be us,,d to huY_fL to atx park sites totaling about 60 acres and to develop&aut half the land into parks, I)ev+elopment of the rest of the land would be through donations and community sery ice projecW,said Russ Sterenberg;parks and;" recreation director. Hillsboro has legs park lands than cited in. . national, stata and local standards. The'. stamlar is range Oram 10.5 acres to 15 acres orparklind forlo ach 1,000 residents.' Hillsboro has l.e acre per 1.000 residents. >Vhd city has 54 acres of parkland, but bised.on a stsddard of 10 acres per 1,000 rest- dents recommended by a parks panel, the city,needs another 246 acres. Air more acres will bd �at :needed as the populon ln- cre-djse%the panel said. Pralirninmry estimates shove that an avL.r*of=Loco to needed to buy one Acre of,park'land.and about$22,000 to develop eaeb m,Io. ""We're quickly running out of any desir• We,ams in the city for parks, staid Will lisiziVorgan,"chairman of Citizens for Parkap'9 group supporting the measure. VNws!we plan now,we're•net going..to has�them'evallable for the.Aiture." Parks commissioner Roy Hunch said that approving the levy was one way for voters to help preserve the city's livability. cm development crftVing in Arid farm- lies 11tving fewer places to go to relax togethdr,"be cald _ I "X,reallr;wantfor .this'o¢rramunity,to Stay grvw *� their ftmill a can have Mke rides diaaD p cs:t tber Instead of slowly being pA'Whed'Mewhere to do those things 'the levy would-carry a tax rate of Wit' cents per e1,090 of assessed valdiflon.The`' !.Qgrt►p-.of a $60,4W.N0use`vvoWd pay about'. -S24 the AW Year of th 10";5terenberg.' aaid _ �_ Ttaa ar�zint .1 � ik`..I'woiiid - -gsay'ts enected to dtfrieyeirly as tete total svaluoxtlp6itYnas�- ": ,fE tiimila� tn'0iit�sYe f�a3�i>Y November, Maass sc .7t l<i#;#459bt►_' _ BteCe2liserygsand suDuorier3 hope 30--:<<i f �' -�en�tstA ak'b' '"��duld,da v�lt�t ice: _ MEMORANDUM CITY OF TIGARD, OREGON i TO: Honorable Mayor and City Council September, 14, 1987 FROM: Lor•een Wilson, City Rocor•der,Q �� SUBJECI : Park Plan Discussion �J✓� Please bring your copy of the Park Plan which was distributed on July 27, 1987. Liz Newton will handcar•r•y a list: of project pr'ior'ities and funding estimates. lw/0897D k a, a G TIGARD CITY COUNCIL. PUBL.IC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA - CATV sign-•up sheet(s) . If no sheet is available, SEPTEMBER 28, 1987, 6:30 P.M. ask to be recognized by the Chair at the start W TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are ?. 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters . TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator•. i 6:30 o STUDY SESSION - Workshop with Utility and Franchise Committee 7:30 1. BUSINESS MEETING: x 1. 1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Nun-Agenda Items i a 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 3. CONSENT AGENDA: These items ar•e considered to be routine and may be r enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for• discussion and separate action. Motion to: 3. 1 Approve Council Minutes: 9/14/87 3 .2 REPORTS: Receive and Filo a. Departmental Monthly Reports -- August, 1987 Community Services Community Development l-ibrary Police b. Ambulance/ALS Update 3.3 Receive Personnel Policies and Procodurot; Manual (possible request for approval 10/5/87) 3.4 Receive Libr•ar•y Workroom Shelvirig Report; Approve Contingency Transfer - Rosoliation No. 87 _ _ Recess City Council Meeting; Convene Local Contract Review Board Meeting; Award Bid; Recess Local Contract Review Roard Mee t:irig; Reconvene City Council Meeting. 3.5 Receive Phone System Report; Approve Cori t.ingency Transfer Resolution No. 87- Recess City Council Meeting; Convene Local Contract Review Board Meeting; Authorize Phone System Enhancement Purchase Recommendation; Recess 1.-Deal Contract Review Board Meeting; Recovene City Council Meeting. 3.6 Approve City Administrator Review Criteria 3.7 Approve 911 Report and Recommendation 3 .8 Approve Streetlight Report and Recommended Policy Interpretation 3.9 Approve Computer Systems Manager Position Recruitment t i 4. PUBLIC HEARING CONTINUED - DARTMOUTH STREET 1._ID o Public Hearing Continued - from 8/10/87 o Declarations Or Challenges o Recommendation By City Attorney o Council Questions Or Comments s o Public Hearing Closed o Consideration By Council - Ordinance No. 87- COUNCIL AGENDA - SEPTEMBER 28, 1987 - PAGE 1 a x L t 5. IRVINGTON MOORF_ TEMPORARY USE DISCUSSION o Community Development Staff 6. WESTWOOD, CONDITION OF DEVELOPMENT REVIEW, TIGARD TOWNE SQUARE o Community Development Staff 7. TIGARD MUNICIPAL CODE AMENDMENT — THEFT II & III — ORDINANCE NO. 87- 7 City Recorder 8. NON—AGENDA ITEMS: From Council and Staff 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor• relations, real proporty transacti(iris, and current and pending litigation issues. 10. ADJOURNMENT sb/O452D f a 7 t 2 t COUNCIL AGENDA — SEPTEMBER 28, 1987 — PAGE 2 T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES — SEPTEMBER 28, 1987 — 6:35 P.M. 1 . ROLL CALL: Present: Mayor Toni Brian; Councilors: Carolyn Eadon, Jerry Edwards, Valerie Johnson, and John Schwartz; City Staff: Sherrie Burbank, Support Services Manager; Randy Clar•no, Community Development Services Manager (arrived at 8:35 p.m. left 9:54 p.m. ); Bob Jean, City Administrator; David Lehr-, Chief of Police; William Monahan, Community ! Development Director; Jill Monley, Community Services Director; Tim Ramis, Legal Counsel; Loreen Wilson, City Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION a. City Administrator reviewed agenda and hand carried items with City Council. b. Utility and Franchise Committee Workshop. Utility and Franchise Committee members in attendance: Jerry f McReynolds, Mark Erwin, Michelle George, Rebeckah Barrett, and ' Donald Jacobs; Ex--officio Member•:, - Tom Millor of Miller's Sanitary Service, Mika Leichner of Pride Disposvkl, and LiArry Schmidt of Schmidt' s Sanitary Service. s City Administrator noted tha!, the Utility and Franchise Committee $ had been wor•kirig oxt-nn i , on the solid waste franchise agreements . Sanito..ry wor and storm drainage utilities would } not ready for their attention until spring of '88 and should be a lower priority on their- work plan at this time. 1 Jerry McReynolds highlighted the work of the Committee over the last year- noting the development of formal procedures for a semi—automatic review of the solid waste franchise agreements. He stated that the Committee anticipates a need to pot:3ibly reconstruct the rates at a later date. F Mr. McReynolds advised Council of a request by Pacific Northwest Bell to modify their phot, franchise with the City. He noted that this was as a result of the deregulation of phone services. He stated that the Committee would be looking at changing the franchise agreement to a quarterly payment basis instead of annual. He further suggested the Committee would like to review all franchise agreements with other cities so that this might be more comparable, he noted a difference of 2 and 3 percent between cities in the collection requirements on franchise fees. . Mayor Brian stated that the equity between cities of the rates is an interesting issue and suggested this would be a area for the x Committee to research. Mayor Brain further outlined the Tualatin River issues noting there was original effort with DEQ to address ways to clown up the River. He questioned how this would affect sanitary and storm sewer utility disposal and the whole rates ? i' issue for the City of Tigard. Mayor Brian further stated that this was an issue the City of Tigard needed to participate in Page 1 — COUNCIL MINUTES — SEPTEMBER 28, 1987 1 t early on in the process. He suggested that the Committee may wish to determine who the players in this study would be, yet up to speed un the issues and monitor the process with a periodic report back to Council. The consensus was that the Committee would not take any active role at this time in the Tualatin River issue. Further discussion followed regarding the length of franchise contracts. Consensus was to shorten the terms of those contracts when they came up for review for modification. Councilor Eadon commented that the Cable TV franchise was an area that she and the City Administrator had been monitoring. She would appreciate input from the Utility and Franchise Committee in the future on the issue. Mayor• Brain congratulated the Utility and Franchise Committee on the great job they did on the rates r•epor•ting process for solid waste franchise. The consensus of Council to have the Committee focus on franchise agreements for utilities, especially phone utilities, at this time. 3 . EXECUTIVE SESSION: The Tigard City Council went into executive session under the provisions of ORS 192.660 (1)(d), (e) and (h) to discuss labor• r•elaLions, real pr•opor ty transactions, and currant and pending litigation issues at 7:07 p.m. ADJOURNED EXECUTIVE SESSION: 7:24 PM RECONVENED CITY COUNCIL. MEE:TI:NG: 7:24 PM STUDY SESSION — ConLinued C. 92nd AL .nue parking concerns Mayor Brian reported briefly on issues surrounding the football parking concerns from the September 25, 1987 football game, and suggested this should be discussed later in the meeting. Councilor• Edwards noted this item needed to be discussed with the Tigard School District Board at the joint meeting with Council on 10/8/87. Chief of Police reported additional information regarding the parking on September 25th. He stated the school allowed parking on the soccer fields for• about 300 cars and that no one used the Cook Park parking arcaa. He suggested that a ticket booth placed near the soccer field would encourage spectators parking in that area to enter on that end of the field. He stated that Dr. Russ Joki, School District Superintendent, had agreed to place a ticket booth in that location for the next home game. Mayor Brian stated that an ordinance proposed to relieve part of the parking problem in the area would be presented under Non—Agenda Items. Councilor Edwards requested items .5 and .7 be removed from the consent agenda for discussion under non—agenda items. Councilor Eadon questioned why the Police Department monthly report contained a statistical summary sheet. After brief discussion, consensus of Council was to not include a data sheet or statistical sheet in the future. Page 2 — COUNCIL MINUTES — SEPTEMBER 28, 1987 . 4. CALL TO STAFF AND COUNCIL FOR NON—AGENDA ITEMS a. Mayor- Brian noted the addition of item .1 under- non—agenda items _ dealing with 92nd Avenue parking. b. City Administrator requested consent item .9 be pulled from the agenda. He also recommended Council remove items .5 and .7 for discussion under- Non—Agenda Items. Consensus of Council was to make these changes to consent agenda. 5. VISITOR'S AGENDA a. Sue Kasson, 16282 SW 93rd Avenue, requested the Council allow discussion on Lhe 92nd Avenue parking issues, which was to be considered under Non--Agenda Items. Consensus was to allow discussion at that time. b. Bob Chapman, representing Warehouse Floors, 10855 SW Greenburg Road, requested a variance to the sign code for banners which were placed on this location. He noted that the business was open and requested the variance be allowed for four- to six weeks for- the grand opening process. Lengthy discussion followed. Community Development Director, noted that Lhe sign code prohibited pennants like what was, being used at: this location. However, there wore .ether sections of tho code under which Mr. Chapman could apply for a permit to place banners on the site to announce the grand opening. Discussion followed regarding the code requirements for- signing permits. Consensus of Council was that Mr. Chapman be directed to staff for- information r•egar•ding the permit, process for- a legal banner or sign to announce the grand opening. 6. CONSENT AGENDA: REM 6. 1 Approve Council Minutes: 9/14/87 6.2 REPORTS: Receive and File a. Departmental Monthly Reports — August, 1987 Community Services Community Development Library s Police f b. Ambulance/ALS Update 6.3 Receive Personnel Policies and Procedures Manual (possible request for approval 10/5/87) 6.4 Receive Library Workroom Shelving Report; Approve Contingency Transfer — Resolution No. 87-119; Recess City Council Meeting; Convene Local Contract Review Board Meeting; Award Bid; Recess Local Contract Review Board Meeting; Reconvene City Council Meeting. 6.5 Receive Phone System Report; Approve Contingency Transfer — Resolution No. 87— Recess City Council Meeting; Convene Local Contract Review Board Meeting; Authorize Phone System Enhancement Purchase Recommendation; Recess Local Contrnf�t Review Board Meeting; Reconvene City Council Meeting. 6.6 Approve City Administrator Review Criteria { 6.7 Approve 911 Report and Recommendation 6.8 Approve Streetlight Report and Recommended Policy Interpretation 6.9 Approve Computer Systems Manager Position Recruitment Page 3 — COUNCIL MINUTES — SEPTEMBER 28, 1987 a. Motion by Councilor Johnson, seconded by Councilor Edwards to approve the consent agenda with the following amendments: table 6.9; discuss 6.5 & 6.7 under, non—agenda items. Approved by unanimous vote of Council present. 7. PUBLIC HEARING CONTINUED — DARTMOUTH STREET L.I.D. a. Public Hearing Reopened — Continued from August 10, 1987. b. Mayor Brian commented that Councilor Eadon and he were not present at the Public Hearing of August 10, 1987. Ne stated they had read all of the written material available to them and were familiar with the proposal and issues and would continue participating in the matter-. C. There were no declarations or challenges by Council . d. City Attorney commented that this was a continuation of a previous hearing conducted to hear testimony from the property owners . This stage of the hearing process would include a response to that testimony from the City --taff which was provided to the Councilin writing. The City Attorney recapped the following: o The hearing process was requo-sted by City staff and property owners in the area for an opportunity to describe to the Council why theCity should proceed or not proceed with the L.TD process . o The Tigard Municipal Code allows t:he opportunity, upon a remand from the Court, to either make_ amendments to the.. E:nginevr•' s Report and proceed with an LID or to halt the process . o At the end of the proceedings of the meeting, staff would be looking for direction from the Council. This would be by way of a motion to either halt the process or direct staff to proceed to schedule a hearing and do the necessary work to proceed under Lhe Tigard Municipal Code with an amended Engineer' s Report. 1 o Testimony had been received from property owners. The City Engineer had provided the Council with a written response on substantive issues and was present at the mpot-ing to answer questions by the Council. o City Attorney provided Council (included in Council packet for { 9/28/87 meeting) with a memorandum dated September 25, 1987 concerning legal matters. Highlights of this memo were: there was no legal impediment to proceeding further; there were a number of policy and fairness questions raised which would be for € Council to decide; and none of the legal issues precluded Council i from proceeding with the project. Many of the issues had been briefed extensively in the previous litigation on this matter; those issues and exhibits from the previous litigation documents were included as part of the September 25, 1987 memorandum from the City Attorney's office. Page 4 — COUNCIL MINUTES — SEPTEMBER 26, 1987 o Legal Counsel advised Council that an issue was raised -about whether bids must be received before proceeding. The language which was cited had been removed from the Tigard Municipal Code; therefore, this should no longer be at issue. o Legal Counsel further noted an issue raised was with the removal of four property owners from the assessment area and subsequent allegation that this was improper. He advised the courts tend to review this decision based upon an arbitrary standard. If the Council were to accept the testimony of the property owners in the record about why they should, in fairness, be removed then this should be sufficient as a basis for removing them if the t Council so desires. On the other hand, if the Council reached a different conclusion basad upon the testimony of other property owners, than Council would have the power to include them back in the 1-10. o Legal Counsel summarized other claims as follows: o that the assessments were riot based on the benefit derived by each property owner; o that property owners should not be assessed the total cost of the project; o the discussion of economic negative impacts; and o that property owners outside the assessment district would benefit as developmentoccurs. lie noted that: all of the claims were issues that relate to the assessments. Those assessment questions would be subject to the same legal standard; i .e. , did Council act arbitrarily. This would be dependant upon whether there was a rationale in the record. If Council accepts some of the testimony about why these things should be as indicated in the Staff Report, Council. would have a reasonable basis for acting. These should riot be r considered legal roadblocks to taking further action. P o In the original Engineer's Report there was a provision for purchase of the property by the public and subsequent transfer to Domer Williams. This provision was taken out and is not in the current draft Engineer's Report. Based upon the written testimony received by Council, something should be inserted in the Staff Report calling for public ownership of the disputed portion of ground. The City has been unable to receive an assurance from the Martin family that the property would be available for public access; clearly, there is a need for some public action to be taken to ensure access to the road. o Legal Counsel also stated another allegation was that the assessment against the Martin property or property acquired from f the Martins through condemnation would not be appropriate. The citation provided by Council for the Martins was to a Florida case. City' s Legal Counsel did not read, or interpret, the case r the same way the Martin Counsel did. City Attorney noted there was a 1960 Oregon case which would hold to the contrary. This case would indicate that the City Council has authority to assess ; based upon the recommendation in the Engineer's Report. Page 5 — COUNCIL MINUTES — SEPTEMBER 28, 1987 i o Legal Counsel advised it would be the Council's option whether or not to take additional testimony from the property owners at this meeting. o Legal Counsel noted that he was provided with a letter dated 9/28/87 from Martin Legal Counsel addressing the preliminary draft of the access permit from the Oregon Department of Transportation (ODOT) and the 9/18/87 memorandum from the City Engineer. ODOT provided the City with a preliminary draft of the access permit. He noted this issue and the issues surrounding the permit become relevant in the event the City Council decides to proceed further. City Attorney recommended that if the City Council determines to proceed further at the close of the hearing, with an additional hearing and continue with the LID, than at that point the issues with ODOT would have to be resolved before a final decision was made. e. Public Testimony. Mayor Brian requested the City Recorder read into record any letters received: o Letter to Mr . Thomas Schwab, Or�r..gon Department of Transportation, dated September 2.1, 1987, signod by Douglas V. Van Dyk. Attached to the letter was an August 26, 1987 latter to Gordon S. Martin from Elizabeth Newton. o Letter from John C. Savory, dated September 17, 1987, directed to Mayor Tom Brian. In this letter, the members of the Tigard Economic Development Committee expressed their support of the project and requested it be started post—histo. Proponents OEM o Robert D. Randall, Robert Randall Company, 9!>00 S.W. Barbur Nam Boulevard, Portland, Oregon 97219. Mr. Rand-all testified he was one of the landowners in the vicinity of the proposed LTU, He noted that several years and many meetings ago, a plan for the development of Dartmouth Street, supported by the majority of landowners, was adopted. It was passed and adopted by the Tigard Planning Commission and Tigard City Council. Subsequently, one objector, only one landowner, appealed the decision and successfully delayed the execution of the adopted plan for an extended period of time. Mr. Randall went on to say that the objector has brought up several -alternate considerations, all of which had neither a concrete source of funding nor a finite time frame. Mr. Randall stated further that the result of the years of delay was a great disservice to the landowners and the public who had paid for the urban services for the property and had not seen a return by the freedom to use their land in the manner that the Planning Department and the City Council had -already approved (i.e. economic development allowed with the construction of Dartmouth Street). Mr. Randall said that the Council had before it a plan that had the funding available and a finite time frame supported by a majority of the landowners. Mr . Randall requested the Council permit construction to proceed without further delay. Page 6 — COUNCIL MINUTES — SEPTEMBER 28, 1987 o Lou Christen, 17895 S.W. Shasta, Tualatin, Oregon. Mr. Christen stated he was a member of NPO #4. He testified that he and Mrs. Christen own approximately 10 acres in the triangle. He further said that the project was accepted by both the Planning Commission and Council three and a half year's ago. He testified that the delay in this project had cost his family $250,000 and urged the Council to consider the LID favorably. o Ann Thompson, 2.892. N.W. Buela Vista, Portland, Oregon, was present as Legal Counsel representing Horner G. Williams, was property owners for• approximately 27 acres within the project. Ms. Thompson noted that Council received a letter at the last hearing from Mr. Williams stating his full support of the project. Ms . Thompson said she was present to reiterate Lhat support and said they were in favor of the project moving forward as soon as possible. She further noted they had beun in support of the project for the entire period of litigation and appeals, and they remained in support. Opponents: o Charles D. Ruttan of the law firm of Dunn, Carney, Allen, Higgins & Tongue, 851 S.W. Sixth Avenue, Suite 1500, Portland, Oregon testified . Mr. Ruttan indicated the following individuals were also present: Doug Van Dyk, an associate in his office; Wayno Kittleson, a consulting engineer to the Martin family; and tho property owner Mr. Gurdon S. Martin. Mr. Ruttan noted that Council had received three volumos of // written testimony from them. He noted they had recoived i:ho City i, Engineer' s Engineering response however, they did riot agreo with his conclusions. Mr. Ruttan said Lhat his interpretation of the law differs from that of City's Legal Counsel . r Mr. Ruttan discussed the permit from the Oregon Department of Transportation which would be necessary if the Council decided to go forward. He said that this would be very relevant now in in the decision making process because he viewed it as an attempt of 4 a third party to evaluate a lot of the traffic information presented by the City . He said that his staff did riot put as much credibility with the ATEP report as the City had placod. Mr. Ruttan commented that the Oregon Department of Transportation has had the opportunity to evaluate the information presented by both sides. He stated that the draft of the agreement that OD( I would want the City to enter into placed significant restrictions on the amount of traffic which could be generated in the Triangle. lie said he stressed the Triangle because, although the local improvement district had definite boundaries, ODOT recognized that the traffic would be generated throughout the Triangle area Mr. Ruttan then used some maps he brought as visu ►1 aids for this portion of his comments. He said that ODOT has suggested that if a permit was to be issued for the road to connect to Highway 99W, there should be a restraint of no more than 4,900 trips being p igenerated within Triangle. He said that ODOT had scattered the 6 outbound trips around to the different streets. He discussed through—traffic vs. traffic generated within the LID area. Page 7 — COUNCIL MINUTES — SEPTEMBER 28, 1987 ! Mr. Ruttan posed the question with regard to how much development it would take in the Triangle to reach the limitation imposed by the State if the permit was obtained. He showed where he thought office and retail development would occur. He then stated that if the area develops as he predicted, the State would limit development after approximately 14 acres in the Triangle were developed. Mr. Ruttan commented that the Martins had spent an "awful lot of money" in carrying out what the!1 believe are some very valid concerns for, both themselves and for the City with the LTU. He noted concerns as related to his client's property regarding how one would enforce the kind of restraint that ODOT has suggested. He also questioned whether the City wanted the State telling them where to cut development off in the area. He stated this would be a direct result of having a conditioned permit. tie further noted that: he thought the issue supported the idea, as did his 9/21/87 letter that there were significant differences in opinion as to how much traffic was going to be generated. Not only in the local improvement district, but within the Triangle. Mr. Ruttan further noted the difference.: of opinion amongst the professionals by expanding on the Code changes with language being removed. He stated he thought there was a legal issue as to whetho r the language, even though it had been removed, still applied to the LID since this district: was started at the time that .language was part of the Code. Mr. Ruttan advised Council that, the i..ID participants were being asked to pay fur a road which would serve the whole Triangle area. He suggested the L.ID boundaries be enlarged . lie urged Council to halt the LTD at this Lime noting it was premature in light of the ODOT permit information. He further noted that the design and funding for the southerly access to 72nd Avenue was not currently addressed. He noted how critical the south access was to the Triangle for it to develop. f. Mayor asked if there were any other parsons present who wished to speak who did not have the opportunity to sign up. There were none. g. Mayor asked for Council questions and comments. o Councilor Johnson referred to a point brought up by Mr. Ruttan, that ODOT was talking about restricting to 4,900 trips in the Triangle. She asked if City Enginper had this same information. City Engineer responded that Mr. Ruttan was referring to a draft of an agreement between the Oregon Department of Transportation and the City for access to 99W. The City had just received the draft and staff had not reviewed it in detail. He further noted it was only in draft now. Councilor Johnson asked if that would be the restriction of trips allowed as the intersection was developed and how that might alter with future development or expansion of the intersection. City Engineer responded that he did not believe it was finite number, but would represent a trigger point that certain improvements woilld have j to be accomplished before the traffic volumes increased beyond that point. Mayor Brian also commented this could mean widening or Page 8 — COUNCIL MINUTES — SEPTEMBER 28, 1987 i intersection improvement would need to occur when those traffic levels were reached. City Engineer said he believed that this was specifically related to more planning for the additional access which _ had been discussed. ' Councilor Johnson then stated that Council may not need to look at the draft number as an absolute ceiling but, rather', the next point some additional improvements would be required. City Engineer affirmed this was an accurate observation. o Mr. Ruttan commented that this was draft language. He said the City Engineer was correct. He said 4,900 trips was a maximum. Mr. Ruttan observed that the State was taking the position the City's existing Transportation Plan was riot adequate and would need to be revised by 1988. o Legal Counsel commented that: whether or riot the City built the LID, that situation with the transports,,ion plan would exist. The premise being offered by Mr. Ruttan was that the LID imp-ovement was not the ultimate improvement to completely service the entire Triangle. He said that one argument offered by Mr. Ruttan was that because it is riot the ulLimate improvement the City should wait until there was further study about what: the improvement would be. City Attorney said this would be a judgment for the Council to make arod this would riot be a legal impediment to proceeding. h. Public Hearing Closed . i . 1,onsider•ation by Council. : o Mayor outlined Lhe options were: - decide rust to proceed further; or- - r- direct staff to bring forward an ordinance, set an additional public hearing to amend the Engineer's Report and consider proceeding on the amended project. j . Motion by Councilor- Eadon, seconded by Councilor- Johnson, to instruct staff Lo !tet- a hearing date to amend the Engineer' s Report and consider proceeding with an amended project. o Councilor Johnson commented on the fact that the information presented to the Council was thorough. She acknowledged appreciation for the considerations raised by Mr. Martin and his Counsel. She said she had given each of the challenges due consideration and that her foremost interest was to help all of the property owners within the LID to move forward so they could experience development. o Mayor Brian commented that the ODOT restrictions were the newest information and most recent concern raised. However, this would not restrict the Council from setting the hearing and then, at that hearing, the Council could decide not to go forward if it was determined that the ODO restrictions are not compatible with what the City would want. n the meantime, the City could work i to understand the restriction better and then consider during the comments at the next public hearing. Page 9 - COUNCIL MINUTES - SEPTEMBER 28, 1987 o Councilor Edwards commented on the information contained in both the City Engineer's report as well as information from Mr. Martin's Counsel. Councilor Edwards rioted that valid points, both pro and con, were contained in Mr. Ruttan's prepared f material. He said that the Council should go ahead with the project as it was presented. If there was some obstacle apparent later in the process, then at that time, the City could modify or cease the project. o Councilor Schwartz said he agreed with what had been said by the Council members to this point. He said the City had to start somewhere in working toward the final goal. He commented that the City' s goal in the end does not appear to be that much different from what had been stated by the Martin representatives all along. The south access and some of the other areas would be addressed as development occurs; and therefore, he said he would support the motion made. Once all of the information from ODOT was received, then the Council would have the opportunity to reconsider the information. Motion passed by a unanimous vote of Council present. k. City Administrator advised Council that the staff would notify the affected parties of the next hearing date on this matter with notification in the paper as well. DEVELOPMENT SERVICES MANAGER ARRIVED 8:35 PM. 8. IRVINGTON MOORE TEMPORARY USE DISCUSSION a. Community Development Director stated that Irvington Moore requested an extended use of two mobile office buildings at the Council Meeting of 9/14/87. At that time Council directed staff to bring back information on the item with suggestiuns for• alternatives. Community Development Director further stated that the following alternatives would be available: 1. Direct staff and Irvington Moore to prepare a temporary use extension and variance application to allow more than one time extension of one year; 2. Direct staff to only process a temporary use extension for the second office established last year; or 3. Direct staff to work with the applicant to establish the office(s) permanently and to process the necessary permits. b. Gary Hogue, General Manager for Irvington Moore, 8205 SW Hunziker, stated the Building Official had visited the site and recommended the permit process. He requested a reasonable time extension to the temporary uses to allow him to obtain the necessary permits and for the foundation to be in place. C. Community Development Director recommended a 60 day extension which would allow Mr. Hogue time to obtain permits and complete foundation work. i Page 10 — COUNCIL MINUTES — SEPTEMBER 28, 1987 i J 11 . d. Motion by Councilor Edwards, seconded by Councilor Eadon to continue the temporary uses for Irvington Moore for 60 days. / Approved by unanimous vote of Council present. t' 9. WESTWOOD CONDITION OF DEVELOPMENT REVIEW -- TIGARD TOWNE SQUARE a. Community Development Director synopsized a brief history of the request to date rioting that staff was working under Council direction to regarding improvement of a culvert on 113th Avenue to be in place prior to paving the Westwood Construction site. He then introduced the Development Services Manager noting that he was the staff coordinator for the project who had been providing weekly updates to Council regarding the status of the work. b. Mr. Steve Ward, a Civil Engineer, and Mr. Jer•r•y Foy, the Director• of Development Projects for Westwood Corporation, appeared before the Council synopsized the history of the project and highlighted specifics on the traffic concerns and sensitive lands issues . Mr. Ward noted the project w-is very complex and that to date they had received all permits and conformed to all requirements. lie advised Council that Durham Road would be closed October 7th through October- 14th. Hcy further noted he had notified both the City of Tigard and the Tigard School Dist:r•ict; to eliminate as many problems as possible with this cl.osur•e. I Mr. Ward then advised Council tho issue surrounding the 113th culvert and paving of the project site was still a concern. He discussed the impacts of riot paving this site prior• to the culvert placement. lie i stated the following bene=fits would be realized if paving were allowed prior to the culvert being in place. 1. Elimination of siltation in drainage way from parking lot to down stream properties. 2. All streets would be kept clean of mud and debris created by construction traffic. 3 . It would -allow access across site during Durham Road closure. 4. It would also allow for hatter control of storm water run off by on-site collection systems. 5. It would help prevent free flow run off across site to the neighboring properties. 6. Further, it should prevent contamination of rock ba-,,e already on the site for the parking areas. Mr. Ward further advised Council that Fie had began working on the g culvert problem on June 4th and that due to problems in getting access onto the properties in the area he was unable to complete his survey work until very recently. He advised that he would be able to submit through Washington County for a permit for the culvert by September 30th. Mr. Ward further stated that the permit approval process would then take four to six weeks. He estimated paving the site would raise the water level at the culvert site about 2 1/2 ; inches and again noted the greater benefit due to the time of the construction year and pending rains to pave at this point instead of waiting for the culvert to be in place. Page 11 — COUNCIL MINUTES — SEPTEMBER 28, 1987 i Mr. Jerry Foy addressed the serious consequences of not paving before the heavy rains came rioting the siltation to down stream properties as being the most serious. i C. Lengthy discussion followed regarding the process used in negotiating with down stream neighbors, timing of the permits, and pros and cons of modifying the paving requirements. Council and staff discussed the DEQ suggestions for the oil sand separator. City Engineer stated that the culvert currently at 113th Avenue was under- sized and that paving would riot mean flooding the homes in the area. Development Services Manager supported the benefits highlighted by Steve Ward stating it was an accurate assessment of the issue. Discussion followed regarding the plumbing code requirements versus DEQ suggestions on the oil and run off down stream issue. Discussion followed regarding the cleaning and maintenance of that system and the plantings that were to also help with the oil/sand issue. After lengthy discussion Councilor Johnson requested City staff to keep Council advised on a weekly basis and contact City Council prior to the issuance of any additional building permits. d. Motion by Councilor, Johnson, seconded by Councilor- Edwards to vary the staff report by approving the paving poraiiL. Councilor- Johnson stated that no further building permits should be issued until the permit for the culvert was received from Wiish.ington County and bond posted. e. Mr. Jerry Foy requested building permits for- shops A and B be + approved for issuance prior to the receipt )r a culvor•t permit since the foundations were all ready approved this would riot incroase the impervious surface. Councilor Edwards expressed concern regarding addition building permits being approved . f. Motion by Councilor Edwards, seconded by Councilor Eadon to amend the original motion, to include the condition that no further building permits be issued until the culvert permit was received arid bond posted. After further discussion, the motion to amend was denied by a 2-•-3 vote of Council present. Mayor Brian and Councilors Johnson and Schwartz voting nay. g. Motion by Councilor Schwartz, seconded by Councilor Johnson to amend the original motion to include a ban on all building permits with the exception of buildings A and B. Motion approved by a 3-2 majority vote of Council present. Councilors Eadon and Edwards voting nay. The motion to allow paving of the site with the amendment to include a ban on all of building permits with the exception of buildings of A and B was approved by a 3-2 majority vote of Council present. ( Councilors Eadon and Edwards voting nay. Page 12 — COUNCIL MINUTES — SEPTEMBER 28, 1987 10. TIGARD MUNICIPAL CODE AMENDMENT - THEFT II & III. a. City Recorder advised Council that there had been a change in the State Law during the 1987 legislative session which modified the theft law. She recommended Council approve the ordinance which would bring the Tigard Municipal Code in conformance with this State Law change. b. ORDINANCE NO. 87-54 AN ORDINANCE" AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.24 RELATING TO THEFT. C. Motion by Councilor Edwards seconded by Councilor• Johnson to adopt. Approved by unanimous vote of Council present-. DEVELOPMENT" SERVICES MANAGER LEFT 9:54 PM. 11 . NON-AGENDA ITEMS 11. 1 NO PARKING AMENDMENT - 92ND AVENUE a. Chief of Police highlighted the high school parking concerns notint3 that there was concern for• the safety needs of the residents during the day light commuter hours and also concerns with the special event use during the evenings and weekends. He advised Council t:her•e existed a 24-hour, seven day a week, parking ban currently on the west side of 92nd Avenue. He suggested an ordinance be considered for adoption which would change this to a 12-hour• parking ban from 7:00 AM to 7:00 PM Monday through Friday. b. Sue Kasson, 16282 SW 93rd Avenue, stated the rosidents had received short notice of the consideration of this ordinance and were unable to appear. She continued by noting concerns from the neighborhood r•ega.rding the safety for residents exiting onto 92nd Avenue from neighborhood streets. She advised Council that the neighbors she had talked with were opposed to this change, due to the safety issues. She also noted that the neighborhood was glad to have the no parking signs covered during home football games since there was heavy Po] ica coverage in the neighborhood during those times. C. Marrene Jenkins, 16465 SW 93rd Avenue, stated the original study, done approximately one year ago with the neighbors, was still valid and that the safety concerns were still upper• most in the minds of the neighbors. She opposed the modification to the no parking ban along 92nd Avenue. She further staged the change would send a double message to the high school students, that it was permissible for adults to N. •k there during special events, but riot for students during the day. d. Jean Perrin, 16585 SW 92nd Avenue, praised the efforts of the Police Department during the 9/25/87 football game. She noted her opposition to the change proposed based on safety issues. e. Kenneth Scheckla, 10890 `;W Fairhaven, stated the citizens should have realized the potential problems with special events at the high school prior to purchasing their homes. Page 13 - COUNCIL MINUTES - SEPTEMBER 28, 1987 i f. After lengthy discussion, consensus of 3 members of the Council was to allow the covering of the no parking signs during the 10/2/87 home football game and to discuss the issue further with the Tigard School District Board. Councilor Eadon and Edwards voiced concern regarding the double message and could not support the covering of parking signs during any special event. 11 .2 PHONE SYSTEM REPORT a. Community Services Director and office Services Manager presented the phone system recommendation and answered questions posed by the Council. b. Motion by Councilor E:adon, seconded by Councilor Johnson to approve the iL-em as it appeared on consent agenda: receive phone system report; approve contingency transfer — Resolution No. 87--12.0; recess City Council meeting; convene Local Contract Review Board meeting; authorize phone system enhancement purchase; recess Local Contract Review Board meeting; rocovene City Council meeting. Approved by unanimous vote of Council present. 11.3 911 REPORT AND Rj'COMMENDA TION a. Mayor Brian highlighted the options for Council . After lengthy discussion, Councilor Schwartz read from a IoLter written by Diane Brandt to TRFPD Chief Pittard regarding the attempts to set a meeting with Chief of Police regarding the 911 issue. b, After further di.sc.ussion, consensus of 3 members of the Council was r to request staff to process a quar•Lorly payment to TRFPD of 911 revenues and to proceed with the study . Councilor Schwartz and Johnson could riot support proceeding with the study at this time prior to joint meetings with Fire District and City staff members. C. Mayor Brian requested the Chief of Police and Chief Pittard try to resolve their problems and work together. He noted the study was in no way questioning the Fire District process, but to identify costs for the 911 dispatching service. 12.. ADJOURNMENT: 11:09 PM Approved by the Tigard City Council on October 12, 1987. `1 v� *Cityorder —UCity of Tigard ATTEST: Mayor — City of Tigard LW/1156D Page 14 — COUNCIL MINUTES — SEPTEMBER 28, 1987 TIMES PUBLISHING COMPANY PANY Le ice?-6546 P.O.BOX 370 PHONE(503)684-0360 BEAVERTON,OREGON 97075 Legal Notice Advertising • ❑ Tearsheet Notice Q City of Tigard PO Box 23397 • ❑ Duplicate Affidavit Tigard, OR 97223 u AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' 1, Anne Jean beI ng first duly sworn, depose and say T at a rn, 4,A A v�estisinb Director, or his principal clerk, of the—.Ti gar newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T i R e'r ci __ in the aforesaid county and state; that the – a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for successive and consecutive in the following issues: Sept . 24 , 1937 _ r rn to before me this _ ' 1 y'''7 Subscribed a�a �- Notary Public for Oregon My Commission ExpFhe f ires9—2 0—8 3 fiaYt �farmsl9 : +onewing� ` tts llftr Cg'9 Rte' AFFIDAVITFurther taftii(�66 4r ' a�.�*'gy atitit: deer,i�1?5.S47I:si1' '�•; f CITY COUNCIL PPI GULA)Z TING—SEP'�F3ViEEFt 29;41987 � ed� 'ki 'sc�toet.-7:V PAL i MA"Cl"�C 1312SWRAf: DOU ARI7,naiudx F { Stwty S 'fie ics Wfftt'flWV aod Vfta+chbe&W006j . LOCst�iandtxed;Ik 111'i�rrlh�$ ]i ,.�` r,�k'aiuecl irc►m �/10'Itf2,._. �f� 5 �r,�� :... Y k+t��s_ f r 3 ../ CFC !.� { �• � .. t �' L:r c { MS3�.;'''i3,a4vr j•-sem r., c..<,s.,y�.+r2„ ,r i AGENDA ITEM f! — VISITOR'S AGENDA DATE Cf�dS1�7 (Limited to 2 minutes or less, please) t. Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME 6 A[ URF..SS TOPIC STAFF CONTACTED ULU GIL d�f.Frt/L C Or AN t 5 � I S r -J v -x - ac Ic .1c Aj �.� o a ..+c cc u � w iC C iC .-4 J if to K v-1 Ic to K W04 v O * U C 41 . ra si Aj 00 vel i*c N IC J O it d N # a41 M L f0 * O k z is-tet H a c it O v ^ is K y,4 V JICIC CO � 4C it if dt .wa .,j � u O * * O �. 71 CO '•f = �C it rl a a +' is Ic u O41 a is O 41 4.4 Q. } Doo w A '� cc 6 Al — x a, ►-, a -� 11 FI JJ Aj 4 CZ 4c w SIC iC f0 b 11" 4c W it w .7 i L -1C 'S7 V C / O a P4 CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Cancellation of the Budget Committee Meeting Scheduled for September 30, 1987 STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, Catherine Wheatley being first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous place a copy of Notice of Budget Commitee Meeting Cancellation for the meeting dated September 30, 1987 at 7:00 p.m. a copy of said notice being hereto attached and by reference made a part hereof on the 29th day of September, 1987. 1. Posted Notice at 13125 S.W. Hall Boulevard - City Hall Bulletin Board in main lobby. I also called Tom Hill of Tigard Times and Martha Allen of The Oregonian to advise them of this meeting cancellation. These telephone calls were made on September 29, 1987 at approximately 1:50 p.m. Subscribed and sworn to before me th' 29th day of September, 1987. ... Notar Public for Oregon 9ARCHA K. HUNT NOTARY PUBLIC — OREGON M3' Commission Expires: My Commtwion Expired l NOTICE OF BUDGET COMMITTEE MEETING QANCELLATION Notice is hereby given that the Budget Committee meeting scheduled for September 30, 1987 at 7:00 p.m. at the Tigard Civic Center, 13125 S.W. Hall Boulevard has been cancelled. Catherine Wheatley, Deputy Reb6rder cW CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) being first duly sworn, on oath, depose and s y: That I postedin th following public and conspicuous places, a copy of Ordinance Number(s)_ � . 11 which were adopted at the Council Meeting dated Jas `�� copy(s) of said ordinance(s) being hereto attached and �by reference made a part hereof, on the _--Lp day of 1 1967. 1. Tigard Civic Center, 13125 S.W. Hall Blvd. , Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3 . Safeway Store, Tigard Plaza, S.W. Hall Blvd. , Tigard, Oregon Subscribed and 'sworn to before me this ,-3Utti day of �� 19 . N ary Public for Orego My Commission Expires: CITY OF TIGARD, OREGON ORDINANCE NO. 87--45-� AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.24 RELATING TO THEFT. WHEREAS, the Legislature of the State of Oregon has enacted laws amending the Oregon Revised Statutes regarding the crime of theft, and WHEREAS, the Tigard City Council desires to conform the City's municipal code to the state's categorization of criminal theft activity and to adopt the same penalties provided therefor, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 . Section 7.24.040 shall be amended to read as follows, with language to be deleted in brackets and language to be added underlined: (2) The total value of the property in a single or aggregate transaction is (under two hundred dollars] fifty dollars or more but is under two hundred dollars in a case of theft by receiving and under five hundred dollars in any other case. Section 2. Chapter 7.24 of the Tigard municipal code shall be amended by adding a new section to read as follows: Theft -- In the third degree. (a) A person commits the crime of "theft in the third degree" if, by other than extortion, he: (1) Commits theft as defined in Sections 7.24.030; and (2) The total value of the property in e single or aggregate transaction is under fifty dollars. ORDINANCE NO. 87- Page 1 ` r (b) Theft in '•:he third degree is a Class C misdemeanor. PASSED: By ! 1�hr,.» � ,,\.,, .avote of all Council members present after being read by number and title only, this �aSy�, day 1987. !(.D ov✓ oreen R. Willson, City Recorder APPROVED: This IL day of v a_ 1987 Tom Brian, Mayor Apploved as to form: City Attorney' Office t. ORDINANCE NO. 87--Z;> S� Page 2 COUNCIL./UTIL_ITY AND FRANCHISE STUDY SESSION TOPICS 9/28/87 Some of the suggested discussion topics are: o Accompli0iments of Committee o Sanitary Sewer Utility City Operations CIP Needs USA Agreements/Annexations o Storm Drainage Utility City Operations CIN Needs Tualatin River/Regional Issues o Other Franchises GTE /PNB Northwest Natural Gas PGE" Cable TV o Review Committed Role and Council Expectations sb/O961D CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28 1987 DATE SUBMIT-FED: September 15, 1987 ISSUE/AGENDA TITLE: Monthly RplLol't PREVIOUS ACTION: Community Services Dept. August..,. 1987 L� N rx PREPARED BY: Donna Corbet DEPT HEAD OK Ll k CITY ADMIN OKXtqj_ REQUESIED BY: Mayor and Council POLICY ISSUE.. Community Services Department Monthly Report for August, 1987 INFORMATION SUMMARY Attached, please find the Community Sorvice.s Department: Monthly Report for August, 1987. ALTERNATIVES CONSIDERED FISCAL IMPACT SUGGESTED ACTION Review and File dc:1446p/0015p MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council September 15, 1987 FROM: Jill Manley, Community Services Director- SUBJECT: Monthly Departmental Report for August, 1987 COMMUNITY SERVICES DIRECTOR'S OFFICE The Personnel Manager position vacancy has been filled! Janice Sully (Deardorff by the time she begins work in Tigard) will join our staff October 1 . Janice, the number one candidate from the assessment center•, has a strong background in personnel administration and we welcome her arrival. Janice's resume is attached to the back of this monthly report. The OPEU agreement was ratified arid implemented with retro active pay . we still have a few bugs to work out in the area of medical insurance; F10Wev(?r', all else has gont? :.moothly. Several issues remain unclear in implementing the TPOA arbitration. Significiint tim(, was spent this month trying to resolve those issues. At this poi it it appears we' ll bo roquest:ing an arbitrator's help in clarifying those issues. The Court Study is proceeding. Most of the data has been gathered; comprehensive analysis and alternative development will occur the first work in October•. Position vacancies in the department have slowed down progress in this study. FINANCF The month of August: was again a busy one for Accounting and Finance. In order to keep the cost of the Annual Audit. to a minimum, our staff prepares a man substantial number of workpapers for the auditors use. The majority of the month was spent making year end adjustments and journal entries and finishing up reconciliations and account analysis for the year end closing of the financial records. The Auditors arrived on August 24, 1987 and expect to complete field work by September 11, 1987. CITY RECORDER SECTION The unexpected resignation of the Records Clerk has impacted the entire division. It' s been compounded by vacations and has required the division's managers to cover the court desk, research records requests, and handle the Town Hall set—up and tear—down functions. Annexations will continue to be a major focus with final action on the islands and NE Metzger. The Court Study, Phone Study, Records Study, and the Dictation System Study has been ongoing during this time. There were approximately 8,000 copies processed for the August 10 and 31 Council meetings. t MEN Community Services Monthly Report Page 2 RECORDS SECTION August was a difficult month in Records. The absence of a records clerk left that section short handed. Records requests are being processed, although not as quickly as when the clerk was here. Daily filing and records reorganization has stopped completely. Someone should be on staff by the end of September. COURT SECTION In Court, the number of traffic cites filed in August were up significantly. There were 455 traffic cites filed, compared to 360 last month and 294 filed in August of 1986. Office services provided a bailiff on court days . Judge Pelay's wife is still in the hospital recovering from heart surgery. As a result, Judge Pelay was unable to serve a couple days in August. (At the time of this writing it is now known she is deceased. ) Ken Bourne filled in during his absence. Nancy Campbell will preside over the jury trial scheduled in September. OFFICE SERVICES —Word proce.ssirig's turn around Lurie incr at;vd sican.ificant.:ly during August by 2.7 hours per work order to 6.4 hours. Many large projects, i .e. , the Developmont Coda, Park Plan, and 131.)th llf) mra.iling p]us sumo staff changes contributed to the diffor•enco. Word Processing reoryanized all the permanent documenLs on specific diskettes and created a deletion library and are now able to maintain a higher level of accuracy in filing and also decr•easo the time spent on this process. Considerable time is now being spent on enhancing telephone techniques and becoming more familiar with job tasks for, staff members throughout the City. This will assist in forwarding calls to correct persons in a timely fashion. Once again, the number of calls processed were slightly higher this month. Job tasks and many of the previous confusions have been resolved. dc: 1446p/0015p 1 8 s i; t E a t kr i COMMUNI:-(Y SERVICES DE:PARIMENT WORK MEASURES (� JULY, 1987 ACCOUNTS PAYABLE: 8/86 8/87 SEWER: 8/86 8/87 Accounts Payable Checks: 3943 414 Sewer bills sent out 5217 5980 Vendors 877 763 Sewer- payments 2653 5021 Invoices 525 464 Phone calls 188 272 Check requests 378 198 lreasur•er's Receipts 864 720 Payroll checks 287 2112 New Customer & Add. chg. 446 327 and Adjustments _8/SG 8/87 Expenditure Reimbursements Processed 83 19 Purchase Orders Processed 295 104 RECORDER'S OFFICE 8/86 8/87 Resolutions processod 98 115 Ordinances procossod 43 49 OFFICE SERVICES 8/86 8/87 Number of Work Orders 230 582 Number of Pages 6875 19,765 Average Turn--Around rime Per Work Order- 8.75 5.3 hrs PERSONNEL 8/86 8/87 Recruitments 1 4 Hires 5 6 Terminations 1 2 Unemployment Claims 0 0 Claims Filed: Worker's Compensation 3 0 Other Liability 1 1 1446p/0015p 08/01/87 C CITY OF TIGARD CLAIM STATUS REPORT DATE OF LOSS CLAIMANT DESCRIPTION STATUS 2/04/85 Fredric Nickel Criminal counter cp1t. open (Officer tial Merrill) 01/11/85 Harry Field Alleges False Arrest perid irig (Office Merrill) 07/2.0/85 Steven Bacon False Arrest (Officer Har-burg) claim reopened 03/16/85 JL111e B. Winkelman Wrongful Death pending 07/25/86 R.A. Cutshall Bike hit cable in park path perid irig 04/06/86 Scutt Fairbanks Code Enforcement negligence open 07/10/86 Thomas Ar•nholtr Hit manhole cover open 08/22/86 Jer•r•i Widner• Alleges grievance re O.T.hrs . open 10/01/06 Hue Thi Phan Intersection accidenL reopened $1.404.88 pd. Police vehicle & claimants other• claims pending vehicle - pvt-conal :injuries 11/24/06 Michael Ryan) Damage to homes & contents open Ransom Boyce) due to flooding 01/07/07 Shirene Mills Intersection accident: C1..OS17D W/OUT Collision Police PAYMENI motorcycle & claimant' s vehicle 01/09/07 Tuality Comm. 11osp. Allege City pay for Lreatment. open of minor- child after officers called to home by mother br.ceau-.:e father- was c,:+.using child abuse to infant. Officer Boothby 1/06 & 8/06 Charles Condon Alleges employee harassment Open and stress claim 10/23/86 Various (possibly Tort claim alleges civil open 37 in all) rights deprived when arrested for a political. demonstration at Flir• Systems. r 12/05/86 William R. Briot Alleges officers assulted & open battered him while being arrested causing injury. (Mayor Brian, x , Chief Lehr, :gL. Martin, Officer a Nerski, officer Harburg, & pp t" Off icer Warren.) 8/29/87 Norman & Pete Sepenuk Officer responding to call open vehicles collided. Officer Wulf t dc:1446p/0015p REM1 i r i i F 3 1 E NON-•STAFF RESOURCES/VOLUNTEER REPORT AUGUST, 1987 , 6 YTD EST. Category 1985-86 1986--07 August '87 1987-88 1987--88 Cham Boards & Committees 3108.75 2601 .75 75.25 186. 1116. -.S7% Volurit:eer• Staffing 5171 .2.5 7272.. 531 .5 1163 . 6978. - 47. x 3 TCYS N/A N/A 60. 1161 . 6966. +100% Community Service 562. 2387.25 364.75 583 .75 3502.5 +47% Other 283 . 264.5 00. 80. 480. _- 482% E Total: 10,739.5 12,680.5 1,1.19.5 3,173 . 75 19,042.5 +50% ia/1377p/15p c f RESUME Janice M. Sully 1640 S.W. Broadway Drive Portland, Oregon 97201 EDUCATION• Planning, Public Policy and Management University of Oregon M.S./Public Affairs January 1981 - December 1982 Public administration concentration. Courses included: - Public Policy Analysis - Public Financial Management - Affirmative Action - Organizational Planning - Cutback Mangement EXPERIENCE AND TRAINING Public Personnel Administration: Personnel Analyst City of Beaverton 4755 S.W. Griffith Drive Beaverton, Oregon 97076 March 1985 - Present City of Eugene 777 Pearl Street Eugene, Oregon 97401 Staff Assistant - Personnel 1/83 - 2/84 Student Intern - Personnel 10/81 - 12/82 Page 2 - Resume Janice Sully Wage and Salary Administration: Upon hire at the City of Beaverton, my primary responsibility was to conduct a classification study. I reviewed 47 classifications in the Oregon Public Employees bargaining unit. The study included sending out position description questionaires to all employees in the unit, interviewing employees upon completion of the position description questionnaire, interviewing supervisors and department heads about classifications in question, :rewriting all of the classifications in the OPEU bargaining unit as well as others in the City, and ultimately reclassifying 14 of the 47. In reclassifying the 14 I conducted salary and classification surveys of comparable City's, negotiated changes with the union, and formally presented my findings to the Mayor and to the union. Since conducting the OPEU Classification study, evaluating positions and writing ,job descriptions has been anongooing responsibility.tivealsobarconduct salary surveys for classification purposes ng purposes. Labor Negotiations and Administration of Labor Contracts: As the professional staff assistant to the Personnel Director at the City of Beaverton, I have responsibility for a wide range of labor relations activities. This range runs from answering questions from employees and managers about the contracts to sitting at the negotiating table, although I have not served as the Chief Negotiator. I have handled a number of grievances from start to finish. This work includes investigating the issue at hand, researching similar cases, interviewing related personnel, and working closely with the union representatives. I have also done preparation work for arbitration although to date, the grievances have been resolved prior to going to arbitration. During contract negotiations in 1986, I researched and wrote contract language for the City's proposals. Personnel Policy and Procedures Development and Administration: At the City of Beaverton I have ongoing responsibilities for researching and writing new personnel policies and procedures as well as revising existing policies and procedures. The key element in policy development has been involving the department heads to ensure that the policies, as written, are practical in their administration. I also answer employee questions about policies and procedures on an ongoing basis. Most recently I have written new Leave of Absence, Employee as Independent Contractors, and Employee Recognition policies. t Page 3 - Resume Janice Sully At the City of Eugene, I had the responsibility of rewriting the employee handbook. This involved coordinating a lot of information from various sources and writing the material for all levels of understanding. There was considerable opposition to the creation of a handbook by the unions who felt that it conflicted with their agreements so I spent quite a bit of my time working through the conflict. I also was a resource to employees on general personnel policy and procedure questions. Employee Benefits Administration/EAPs: At the City of Beaverton, I do not have formal responsibility for benefit administration but as expected in a smaller organization, I answer questions from employees about benefits so am familiar with all aspects of our employee benefits. I also assist the Personnel Director with plan administration and claims analysis for our annual renewals. I am in the process of writing a Request for Proposal for our deferred comp program. From January to March of 1987 I served as the City spokesperson on a labor management committee working on cost containment features for our indemnity plan. We "negotiated" a cost containment program rather than transfer costs to employee for medical insurance. I worked closely with our agent of record and Blue Cross in preparation for the meetings and more recently to educate employees about the changes in their plan. At the City of Eugene, I was responsible for disseminating information to employees regarding all of their benefits. I conducted new employee orientation, coordinated health and deferred comp open enrollment, and worked with our insurance consultant on all matters related to our insurance benefits. I also planned and conducted a Pre-Retirement workshop for City employees. This program has been ongoing since its creation. My responsibilites at the City of Eugene and the City of Beaverton with Employee Assistance programs has been to provide referrals and information to employees. At the City of Beaverton, the program was disbanded not long after I arrived so I have not had to deal with an EAP but am very familiar with EAPs and current literature on these programs. EEO/Affirmative Action: I was the staff liaison to the Affirmative Action Task force for the City of Eugene from January through May 1981. This responsibility included the collection and analysis of workforce statistics and reporting this data as required. My Master's thesis was the product of an affirmative action outreach to women in non-traditional jobs and women in management at the City of Eugene. The City was interested in understanding the concerns of working women in general and specifically women in these two categories. I conducted the study and reported my findings in my thesis. This was formally presented to executive managers at the City of Eugene. Page 4 - Resume Janice Sully Recruitment and Selection: I have current responsibilites at the City of Beaverton for working with departments on recruitment and selection of new employees. This includes writing job descriptions, position announcements, and ads. I screen applications and interview candidates. Some of my project work has involved developing new testing procedures for fire promotional exams which was successfully completed last month. At the City of Eugene I conducted test validation on police entrance exams. This involved researching all aspects of testing and working with testing services to determine the City's own process. I delivered test validation information to supervisors and to the Willamette Valley Affirmative Action Association Safety and Risk Mana ement: I have working knowledge of both safety and risk management but do not Have formal responsibility for these functions. My understanding of the risk management function evolves from working with employee benefits. Worker's comp is handled by our Finance Dept. so I have not had to work with this aspect of risk management. CITY OF TIGARD.,_qREgOLN COUNCIL AGENDA ITEM SUMMARY AGENDA OF: -... September 28, 1987 DATE SUBMITTED: 1987 ISSUE/AGENDA TITLE: Monthly Re�rLt PREVIOUS ACTION: August,.........1987 — Co!LiTunityDc Deft t OK .LtV .CITY 0 PREPARED BY: William A. Monahan DEPT HEAD ' —Fi ADR3 REQUESTED BY: OLICY ISSUE INFORMATION SUMMARY Attached please firl(i the Monthly Report for August 1.907 proparod by the Department of Community Development . ALTERNATIVES CONSIDERED Accept and place in file. FISCAL IMPACT SUGGESTED ACTION Accept and place in file. (WAM:cs/0950P/0022P) MEMORANDUM CITY OF TIGARD TO: Members of the City Council September 16, 1967 FROM: William A. Monahan, Director, Community Development SUBJECT: Monthly Report -- August, 19237 The Department of Community Development reports, the following August activity: - Construction Activity - Construction activity was underway at several major- commercial developments . Staff is monitoring construction while respond1rig to citizen concerns about compliance with conditions of approval. The activity will increase throughout the fall. _Buildin Permi-.t.s - Twenty-nine single--family permits were issued in Augu!st.. Activity is down from the same period in 1906. - Codas Enforcement -- Normal activity continued wit;h noxious vr.getation complaints beginning to fall off. Sign code enforcement will begin to take up more of the Codes Enforcement Assistant's time. Plannir!c - Plans submitted for- review in August illustrate that major commercial and residential development is on the horizon. Two apartment applications totaIirig over 200 units were submitted as well as individual and commercial plans. - EncJineerirrl - Revenues continue to exceed 1,986 fees through August. Parks - The majur•ity of staff time was devot.0d to mowing and landscaping (47% in total) . The Section also utilized over 500 hours of volunteer help. - Wastewater - Inspection and cleaning programs proceeded on schedule with the majority of ti.[Tie devoted to sari.it;ary sewer-. Storm drainage improvements were made in Metzger. Streets - The Locust Street bikepath by the Metzger School was completed at a cost of $902. Thirty percent of the total crew time was devoted to special projects. br/095OP/d22P c BUILDING SECTION - AUGUST COMPARISON Following is a comparison of building activity for August of 1986 and 1987: Au�cus 1986 August, 1987 Single Family Permits 53 29 Multi-Family Permits (unit,,) 16 0 Commercial Permits (new) 1 1 Building Permit Fees $ 25,542.70 $ 15, 171 .50 Plan Check Fees $ 14,52.9. 12 $ 8,083 .97 Plumbing Permits $ 6,195.00 $ 6, 140.00 Mechanical Permits $ 1,317.00 $ 1,208.00 Valuation $5,634,200.00 $3,369, 111 .00 CAI_FNDAR YEAR Jan. -- Aug. ..:..".._..1986 .Tar'...._:: Aug.............._1987 Single Family Permits 322 276 Multi-Family Permits (unit:s) 116 40 Commercial Permits (new) 22 22 Building Permit Fees $ 159, 150. 86 $ 142,888.52 Plan Chuck Fees $ 85,675.20 $ 68,079. 18 Plumbing Permits $ 46,995.40 $ 45,399.00 Mechanical Permits $ 9,044.50 $ 12,010.50 Valuation $37,006,474.00 $31,850,936.00 FISCAL_ YEAR COMPARTSON 1985/86 -- 1986/87 July _Aug. , 1986 July - Aug. , 1987 Single Family Permits 98 62 Multi-Family Permits 16 0 Commercial Permits 10 6 Building Permit Fees $ 51,857. 14 $ 44,847.50 Plan Check Fees $ 2.8,998.54 $ 17,672. 13 Plumbing Permits $ 14,657.50 $ 11,047.50 Mechanical Permits $ 3,339.00 $ 2,328.50 Valuation $11,778,570.00 $ 8,180,159.00 ism (WAM:cn/0950P/0022P) U a 1-4 M E) E O U -P .+ m O N O O O O O £ O O O O O 00 O O O O O .� N .4 a r+ N m < m N m M N M d C N M d < M N O O O O O O O O O LO 0 0 O Ln Ln 0 U O Ln O Ln O O �n O �n O O O O �n �n M .y O+ N n O N .� in m d h O+ �0 t0 O m ..Ui M N N co � h N .� in c h m �0 Q• -4 d ,-r m N O C d O+ (ON m C% %0O m h n m u �o n Co �o O h .r N ._ N -C v a -• E 0 0 0 0 0 0 0 0 0 0 0 0 oo 0 0 0 Ln o ,n0 rn s s O 0 0 Un O O O . N n N h h O N X1'1 N off LJ'1 n M .n•� ON N OOa• O Ci OOi d .�•� N .N+ N %00 N d m N CN 40 Oi •"� H N Ad �O Ln m d d d 10 �'-� E Q• h %0 M < d m �0 O� m m N 7 � H 0 0. 'Z %0 h d Ln O+ h -0 h 1n h M d d N N m d 0 LO.•,•� < h to d %0 %O 0% . . . .••. D. J U t0 d LL7 �n C to . H a m �a N rn �o h 0+ a+ d o 0, Utf c rn m o+ m m O _ %0 M %0 �0 m o t0 N c O O m Ln O C h Q+ h .•+ IO M C d m m N 1n Q• sn d m 10 a 1J O O N O O O < O O N m O O O O O N O O O E m O O h < N O ^� h m m k0 M ••.� to n h L < 0% < in h m d in m m O+ a a m r4 %0 O %0 c M in M 0 M c M M O m N '.•� � M h Ln O M us t0 to Un C C C N �•� N LO r+ N -4 N N N fD O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O , ao O d h m O. m a 3 n m O O v+ O O O m O O O +a N c m r, d ..` N c J ko M h h O r+ 0 d O rn m O, Ln O at O •• N 0% 0% ,o ko M M m N < Ln Un 0 N N h O a C t0 < d Qf M t0 c h N n M Qt O co m cr� C m C O O to O m O O O to 0 h �D M m m h N N %0 N d1 d < O m mCL N m m Ul) N k0 �0 �n N r+ -4 N M m m N u') < m 0 O% O L \ a a L L L yr L. y V .i m a i, w� 3 ., >, 3 O a a � C 1 LU L �, c c I L i L a Ul o y 7 v 3 7 3 £ O% 46 a tE O. 2 n 3 3 a U O a LL rr M L O� O cv .-r N C Ln %D h .-r .r O .-r C u7 •-+ N �0 .-i N d N N +-� .-� rt �"� N N E E O U ..� m m O O O O O O � O O O O O o O kD 'D %D `D `D O 0 d •.r O� N toAr oN N ON m h M N h "Cr h t0 N M m N d m N �D N m .fir N �--4 � -4 m N N N .y .-� .•r N N M M M M Q O O O 0 o O O O O O O O o o0 o o O o 0 0 -0 LO Ln Ln O O 0 Ln 0 to 0 O 'n v O h O LC) �n h d d �o m M m M O rn � N N O 0 m .•r N0 N C a h C M % W m N C m O 0 C d M N .4 p h h O h Lo d O 'o d N v+ o+ �D m O N M C LO h O+ 0 en 'Cr V) .� M �1 f �) h a• O N .4 .a 1-4 � V O d F- £ W p O O O O O O O O O O O Ln U 00 'n 0 L O O > Ln O o% d (71 O+ d C m O% HM04 ai .+ 0% Q+ N0 N O h h O to h N h C to O M N Ln 0 0% N O N M %0 Ln h h M N M E d N m N h N C 'n b C h O d N N M m d V :3 d C Ln %D %0 h .r � a z x M d 0 m N �0 m O M h h N -4 cn V �O Ln O Ln -4 � O N %D M m M �D LL1 d N �0 O N (n d m � n ►"� X M O M N ON %0 �0 �n O+ O Lf)N .r > () . 0 %D M M h d h m h h d M %0 h coO C a. O H %0 0 m tl Q� %0 .-� tD m h t17 i0 O C . XO� -4 N M C � C)l CO �0 to %0 to h h d N t0 .+ 11 M h O �I1 d ro h m Q+ O+ O O H - c J HN N N N O O O N N N N %0 %0 %0 tl �D h O O O O aN C o% O m O of O ►n E tl M Ln � %0 M m O N N M .� M N 'O M O'+ -4 d d m M O 0� O to o OD 4 co m O %D h c N b .4 Ln O d M en h m %0 CO O h m erf r-1 10 Y7 O n M C+ C d m tl � OM Ln N m � N C • .-1 M d kD m O M In h tl m ..r .-4 1-4 a� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 yM M M v 0 m N Ln i0 h to Ln Cr +r <t d N N N N O OLn N C14 CL .-� N .-ren D+ M O h h Ch O m ^ d h d O+ N ph p� .r S O+ N v m M O� m N _ _ N > N 0 .r h �f h N 10 Ll Q+ Ln M Ln %00 C in tD CD � O to -4 .-f Q+ M N h O tt1 'o h m tD m tl N '0 t0 < m d h C h Ln C N M 0 h w m 0 , N %0 Ch to coin -4 h Ql .•+ N If; m 'D N I0 d O M rn M C C C rr .-r .1 N N f+7 to Qf L p T L d dL LNOR H T ai L fb E d +� -] N � i d E E d ¢ y �p :3L U -'+ - d T 7 V O d d h 3 S T C .r at O. 41 Z. V m C +Z i L. Z O. Z 7 3 0 V 0 J ¢ `� MEMORANDUM TO: Library Board City Council FROM: Library Director SUBJECT: Monthly Report, August 1987 WCCLS: No meeting for professional board. No action on pending issues. WILI: The public is showing more acceptance for the public access terminals in lieu of card catalog. The new, simplified instructions have been a factor. Personnel: Three part-time temporary aides (15 hours a week per aide) were recruited to fill hours made available by a termination and reduced hours for student aides. Volunteers: Forty volunteers gave 481.50 hours; daily average, 18.50 hours. Two community service assignees worked 12 hours. No library board meeting. Youth Services: Four hundred children registered for the summer reading program; two-thirds completed the program. (Fifty percent is considered average.) One hundred-forty children attended the End of Summer Reading party and award program. The Friends of the Library paid for decorations, refreshments and prizes. Work Indicators: August 1987 August 1986 August 1985 Adult Materials 8112 6674 5914 Juvenile Materials 5634 4865 3743 TOTAL 13,746 11,539 9,657 Days of Service 26 25 22 Average Daily Circulation 529 462 439 Hours of Service 213.5 209.5 204 Materials Circ per hour. 64.4 55 47 Increase/Decrease Circ +197 +187 +127 Reference/Reader's Advisory 348 323 290 Books in Use in Library 2292 1534 625 Materials Added/Withdrawn 875/132 258/88 358/125 Borrowers Registered 356 346 288 Story Time (11 of sessions) 117 (7) 134 (6) 52 (3) Special Children's Programs 140 (2) 322 (5) 35 (1) Personal Computers Users 99 N/A N/A NOTE: Circulation has increased 42% from 1985 to 1987. r MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor, Council and /� L September 17, 1.987 City Administrator FROM: �\VJII- FROM: David Lehr, Chief of Police SUBJECT: Monthly Report - August 1987 Perhaps the most significant event: occurring in August was the selection of a new SRO for the juniorhighs. Officer Gary Wayt requested a transfer from the SRO program to the K--9 program. Interviews of candi.dj:ates wine hold at the school district with the junior high principals participating. Officer Eric "Rick" Boothby was selected as the new Junior High SRO. He began his duties at t:he end of the month. The Police Community Services Division compleLed the organization of the Copper _Creek NW Group. McGruff also par•ticipat:ed int:hca Payless Bike Rodeo. The Crime Pr•event.ion Spec.iraIist gave several cr.l.me prevention talks to professional organizations. The Police Department partic.ipat4+d in the first annual employee picnic . The Department' s softball tcaam lost to public works in the challenge game, but wait: until next year! The Department will spend time in September to prepare for the Emergency Services Fair at Washimitun S< uar•e October 1 through October h. Cr .i.me prevention material will bo displayed as well as DepartmoriL equipment. The Department will co-host with the FBI a Teleconference Training Program in late September. sb/0958D 41Oi'8'W{I RELATIONS PROGRAMS HOURS i111r1d7= Ride Along............................... /9 Walk 6 Talk,......**oee*eo oes e9ooseseeee* ��,.Z Sec city Sn vet's......................... Gime Prevention Programs................ O TOTALHOURS....................... 4�9.2 ACTIVM TIM ALLDTH Directed Patrol......:................... 3 / 9. / General Patrol........................... S�(a Traffic Patrol..o.....o........o.oo....o. Criminal Investigation. Accident Investigation...... ............. a.7 Traffic Enforcement...:.................. NV{.ist.................................... ../p•� • • Jail..................................... --2:3.3 Trarwport Prisoners.... ....... ...'........ Assist Pull bi1c............................ Assist OtheyOfficers.. .. ................ /S�• Rec. Stolen Property..................... /. 3 Rec. Stolen Vehicles..................... .S Calls Answered........................... • FIR 1 6 0**:................................ -J 1 9 Dispatch Duties...................:...... Office Duties............................ (C/.8 Report Writing.........:................. �a Case Preparation.......................... 47.9 Cases Cleared............. ............... Special Details.......................... >..3 S. . Training:............•.................... Patirol Veh: Service...................... ( �. (c� . Authorizer! breaks........................ , Vacation (mocks......... ................. l?.D Vehicle Impound............ .............. Administrative Duties... ................. /L2 Z R TOTALHOM.........:.............. S Z 4 3 _ Total Oiali.gated Hours Total. Non-.Oblisated Hours . 7 y S' 1-7 a&4 7 �u,�:�iiit 1ltAtet�./uak. a .2�Z .... .....0000... .. ... ..... ... ...... .. Hazardous Violations. . . . . Oper.Lic. Violations. . . .. .............. . . ...... . . .. . .. .. .. ......... .. . . .. . ...... ......... . . �. Suspended Violations.. . .. .. ••.� IE .: Veh. Lie. Violations.. . .. Equipment Violations. ................. ..... ..... . .......... . .... ............... ..... .... .. ..Ig � Hit & Run........... ..... ... ...... ..... . . D.U.I.L. (1st Off-).. . ... ... ........... .. .. .... — .....0. ......... . Parking Violations.. . . . .. .. .. .. . ...... ..... TOTAL* .*....... ......o S� TMFFIC/WRITTEN WARNINGS Hazardous Violations. . ...... ........... . . .. ..... . "" �— Oper.Lic. Violations. . ••• ••••••••••••• •. .' Suspended Violations......... ........... 0...... . . ... .....0000.0000... r Veh. Lic. Violations............... .... . . ... .... .......... .. � — Equipment Violations........... Q Hit & Run........................0.......... .............. .. o D.U.I.L. (1st Off-)---.............. . �......... ....... '2 Parking Violations-*.. .. .......0.................... ... ..... �O TOTAL.... ............. TWIFFIC/VERBAL WARNINGS ��Q Hazardous Violations*--*-*....0 Oper.Lic. Violations. .........0........ . . .. ..0. ..... ........ — Suspended Violations..... .... ........... ............ ... .•••• � Veh. Lie. Violations....••••• ••••• ••••• • �...,•�. .•...•.. •� ..__ Equipment Violations. . . . . ... ........... . . .. Hit & Run. ......... . ... .............. .. . ....... ...:. ...... fi D.U.I.L. (1st Off-)-o........o........ . . .. . ...... ...... ..... r_ Parking Violations... .. .........0. ...0. ............. ........ $ TOTAL.... ............. Made Assisted CRIMINAL ARRESTS/ 0 0 0.0..0 Felony............. . ... 4 • Misdemeanor............ . �.... Violations.......... . . _ ! TOTAL... PREVENTION Open Windows........... ... .............. .. 0.. .. ....... ....... .. .............. -- Open Doors....... ... .. . . . . . . . .:........ ... . �— y Street Lights..... . . ... . . . 0 0000........... ... Suspicious Persons.. ... . .......... 000 a ...... Suspicious Vehicles... ... ... ........... ... ..... Signals Out.............................. ... ................ > Signs Dorn......... ... . .. ............... ................... . Neglected Property.... .. ... . .....0...... 0.0...0............. .. ....... Street- Defects......... ........................... . — z Dead Animal........... . ..... ......... ............... . ....................... Abandoned Vehicles.... .. . ... ............ .... 00000000000000 :her Hazards.......... . .. t Vacation Checks....... . ..... . .......... . ........ .. ....... ...• - TOTAL................. 03 3 11 1 1111012 111!1111111 1 :t 7 l' f� s h' ARRESTSMade Assist ••�• • } M ?. ori OWA Vt I�f �• • s � 4. .2 ' ft vim/ s � • ��' t Iy/moi/a �� • • Wig i �J "� r n. J( t� �x ♦� ay +` x a _ '� .i -,J � 9 �} r t s ^,i::. >r �' + E � .�. • w �1 MEMORANDUM "1\\44aaa ClI`Y OF TIGARD, OREGON TO: Honorable Mayor', Counci and City Administrator September- 17, 1987 FROM: Chief Of Police i�) SUBJH(.T: ALS Tr•anspur•t Update At this time a func+ ;anal consolidation of the emor•gency medical services of Washington County P., L)istr•ict: III , Beaver-Lon Fire DeparLment: and Tualatin Fire Protection District has been accomplished by intergovernmental agreement. Frank Oulman, consolidated 1"MS Director• (Beaverton Fire Department) has been directed by the Washington County Fire District: III Board of Dir•ecLor•s and Lhe Beaver•t:ort City Council to conduct: a study of Lhe cost. for UIP consolidated EM',, to provide At C. t:rtansportaL.Wrl sorvice with the priv<:ate antbl.11ance compani.o.; providiny HI-I, t.r•ansporL. ApparenLIy Chief Snook of Wanhington County Fire Department. Ill is adamant. t.hat: all emorgency mod.icaIt ser-vice provision falter-natives be S1:sidled. fhlere IS no deadline for the completion of the report, but iL will probably bo present:ed to the intergover-nmentaI counc i l oversee irig t ho consol idat.i on of fort. in t.ho noir future (possibly in October-) for- action. At this time no request for' awar-d of art ambulance service area to tho cortsol idated I'M: MEN CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1987 DATE SUBMIT-1 ED: September 17, 1987 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Personnel Policies and Procedures N/A Manual I Ap 1__N PREPARED BY: Jill Monley DEPT HEAD OK_J_ih CITY ADMIN OK_ REQUESTED BY: Council .ICY ISSUE' Shall the City maintain a current policies Arid prucedur•es manual addressing administr•at:ive issues relating to personnel? INFORMATION SUMMARY The existing Personnel Policies arid Procedures Manual (formerly called Personnel Rules) was adopted by the City Council in the 1,itv 1970's. Since that time, it has been subject to only minor• revisions. Much of the language in the Manual is duplicated in the collective bargaining agreements bot-ween the city and the two unions representing city employees and in some cases the language in the manual is in conflict with the language in the collective bargaining agreements. The adoption of those three separate documents is intendod to roplace the existing Personnel Rules. Tho-io documents are: 1 . City Council Policies Those policies related to personnel administration which have been for•ma11y adopted by the City Council , 2. Administr•ativo Proc-ouurvs - The rulos grid procedure:: needed Lo implomont the policies of the City Council or- to amplify or c.lar•.ify those areas of personnel administ.r•ation which aro pr•oper'ly not addressed in the City Council policies. 3 . Personnel Policies f or M,,inagemont Supervisory, Professional , and Confidential Employees - Those policies applicable to employees who .are not included in one of the City' s reciignized collective bargaining units and which are specific only to that particular group of employees . Bar-gaining unit review of these Policies and Pr•ocedur'es is occurring at. this time. ALTERNATIVES CONSIDERED 1 . Continue the "Manual" system used previously which requires reworking of the entire Manual when updates or revisions are needed. 2. Simultaneously r•e--organize into an easy to update format and update the information to bring it in to compliance with cur•r'ent state and federal laws and cur-rent City Council and City Administration thinking. FISCAL IMPACT There ar•e no changes included which will result in additional costs to the City. SUGGESTED ACTION Receive for purposes of final review in anticipation of City Council action on October 12 the: 0 City Council Policies regarding Personnel Administration, 0 Administrative Rules and Regulations regarding Personnel. Administration, and o Personnel Policies for Management, Supervisory, Professional and Confidential Employees. dc:0964D MEMORANDUM CITY OF TIGARD, OREGON i TO: The Mayor and City Council September- 16, 1987 �� 1 FROM: Jill Monley, Director of Community Service ; SUBJECT: Changes to the Personnel Policies and Procedures Manual 3 As a result of comments and/or concerns expressed at the work study session on this subject (August 10), the following changes have been made to these r documents: `t o Mid-market Compensation - This policy has been removed pending t f further study and analysis by City staff. I t O Merit Pay -- This item has been removed from the Administrative Procedures and is now included as a City Council Policy (Policy Number- 1 . 12) . O Reporting of Employee Travel Expenses - A new Administrative Procedure (Number- 2.21) has been added to provide guidelines for preapproval and subsequent reporting of employee travel, expenses. z o Extension of Application Period - the language has been changed r to allow the City to extend the application period for a position by readvertising the position and without rejecting any $ applications previously received for the position. f e o Employment A Relatives - The language in this policy has been � rechecked to insure that it: is in compliance with existing State Law on this subject. o Employee Benefits of sick, vacation, holiday and other leave -- A separate memorandum on this subject is enclosed with this City Council packet. 1420p E 3 t r, f i e MEMORANDUM r CITY OF TIGARD, OREGON r r t 1: c i TO: Bob Jean, City Administrator September 17, 1987 r ^� t FROM: Jill Monley, Director of Community Service i r SUBJECT: Comparison of E=mployee Benefits i . The following information on employee benefits is presented in response to an i expressed desire on the part of the City Council for comparative data on the various fringe benefit programs/options available to City employees. 4 i Fringe benefits for employees belon(3inq to either, the OPE"U or TPOA unions are t formally negotiated and are outlined in the collective bargaining agreements with those unions. Fringe borsvfiLt; fur the Management, Suporv.isury, Professional, (Arid Confident.i<.al (Nun -Union) employees are no formally negotiated but rare ra result. of recommendations made by the City Council by the City Administrator i.n art attempt- to maintain some balance within the organization and offer a total compensation package which will maintain grid facilitate recruitment of quality managers. The following benefits pare applicable to full- time reguL.Ar employees of the City. Regular part -ti.mo employees are, in some cases, eligible to receive pro--rated benefits. i o Medical and Dental Insurance: OPEU -- The City pays the premium for, family coverage under the Blue Cross Plan .11 medical program plus the premium for Blue Cross family dental coverage. TPOA - The City pays the premium for family coverage under the Blue Cross Plan IV medical program and Blue Cross family dental coverayo. The recent arbitration ruling places a limit on the City's payment for t medical, dental, disability, and life insurance premiums at $285.35 per month per employee. j a Non-Union - The City pays the cost of the combined premiums for Blue Cross Plan II medical coverage and Blue Cross family dental coverage. o Disability (salary continuation) Insurance: All Employees - The City pays the premium for this coverage (currently r 1.04% of gross salary). For TPOA members, the City's contribution is subject to the "cap" of $285.35 for all insurance coverages. o Life Insurance: All Employees - The City pays the premium for• this coverage (currently $7.87 pe r- month per• employee ) . For• TPOA members, the City's contr•ibut:ion is subject to the "cap" of $285.35 for• all insurance cover-ages. o Retirement: OPEU - The City pays 10% of the employee' s gross salary towards a retirement pr•ogr•am. TPOA -- The City pays 17. 1% of the employee' s gross salary towards a retirement program. Non-Union - The City pays 12 .5% of the employee's gross salary towards a retirement pr•ogr-,Am. o Sick Leave: All Employees - E.ight hol.lr'S per month are cred i ted to the employee's accumulated sick leave. o Medical Appointment. LoiAvv: TPOA - member's of the union receive 16 hours per• yep+r• (non--accumulat..ivo) for medical and dental appointments . e Meanagement; leave: Non--Union - employees receive non-eAccumul.rat..ive Ieave according to the following schedule: - Fir•st 2. 1/2 years of employment 1. day per year, - 2 1/2 to 4 1/2 years of employment 2 days per• year- Over- 4 1/2 years of employment; 3 days per• year- 0 Vacation Leave: Employees accrue vacation leave according to the following schedules: OPEU -- 6 months to 1 year• of employment 7 hours per, month 1 year to 4 years of employment 8 hours per month 5 years to 9 years of employment 10 hours per month 10 years to 14 years of employment 12.5 hours per• month 15 years to 19 years of employment 14 hours per month after 20 years of employment 16 hours per month TPOA - first year of employment 6 2/3 hours per month 1 year to 4 years of employment 8 hours per month 5 years to 9 years of employment 10 hours per month 10 years to 14 Ygars of employment 12 hours per month after 15 years of employment 13 1/2 hours per month Non-Union - 6 months to 1 years of employment 7 hours per- month 1 year, to 4 years of employment 8 hours per- month 5 years to 9 years of employment 10 hours per month 10 years to 14 years of employment 12 hours per- month 15 years to 19 years of employment 14 hours per- month after- 20 years of employment 16 hours per, month o Holidays: Employees receive the following Paid licl:idays: OPLU - to 5theduled holidays plus one "floating" holiday 'POA --• 12 "floating" holidays in lieu of all scheduled holidays Non-Union - 10 scheduled holidays o Compassionate Leave: All employees r-eceive up to the 5 paid days por• year, in the event of a death in their, immediate family. o Uniform and Clothing Allowance: OPEU -- Employees in certain job classifications (primarily Public Works) roceive a $70 per- year- clothing allowance. TPOA -- 'The Ci Ly pays the cost: of uniforms fur all uniformed offices and provides a $40. per month clothing allowance fur dot:ectives. Non-Union - no allowance. o Education Incentive Pay: TPOA - mo.mber•s of the union r-oce:ive additional pay ranging from $20 to $135 per- month for education beyond the high school level. o Longevity Pay: 'POA - members of the union receive longevity pay of 2% to 10% of their• base wage depending upon their- years of employment. o Moving Expenses: Non-Union - New employees in certain upper- management positions may receive from $100 to $5,000 to cover the costs of moving expenses. City Council Policies Personnel Administr-ation Index t Number- Page Code of Ethics for* City Employees Equal Employment 0 pportunit1 . 1 1 y 1 2 2 Affirmative Action Program Sexual Harassment 1 .3 3 Political Activities of City Employties 1 .4 4 Personnel Records 1 .5 5 Non-Smokers' Rights 1 .6 6 Employment of Relatives 1. 7 7 Outside Employment 1 .0 Q Training 1 .9 9 Complaint Process 1 . 10 10 MVr•it Salary 1'ncr'east,s 1 . 11 11 1 . 12 13 City Council Policies Personnel Administration Number 1. 1 4 CODE OF' E-iHICS FOR CITY EMPLOYEES: City empIt.)yees shall riot serve on City policy boards or committees except as specifically provided by ordinance or as roquired to perform as part of their official City duties, City employees may riot use city time to participator in matters of personal interest. When giving tesLimony unrelated to Lheir ass ignod City responsibilities, City enip loyees should recognize themselves as private citizens and riot use information or facts that: have come to Lhem by virtue of their employment and are riot subject: to disclosure to the public. In mat:tern of personal interest, employoos should conduct themselves so as riot to .impair their working relationship with other employees or with public officials . Employoes shall riot accept any special favors, gifts, or gratuities resulting from or related to omploymont: with they City. In this regard, the appearance of impropriety can beas damaging as actual improprieLy and is cequally to be avoided, Department: Heads may allow accopLarwo of nonmonetary gifts of nominal value (e.g. , undor $GAO) at hol.id<.ays or special occasions which arse available to be sheared by all employcees in a nornbiased or- nondiscriminatory manner or- on behalf of an area nonprofit public; service agency. — 1 — MEN City Council Policies Personnel Administration Number 1.2 i EQUAL EMPLOYMENT OPPORTUNITY: i t It is the policy of the City of Tigard to provide equal employment ! opportunities to all interested job applicants without regard to race or national origin, religious or political affiliations or- beliefs, marital status, sex, age, or mental or physical handicap except where such handicap k might conflict with a bona fide occupational qualification. R This policy applies to all aspects of the City's efforts in recruiting, hiring, placement, promotion, transfer, layoff, dismissal, compensation, fringe benefits, training, seniority, and all other conditions of employment. i Elm t i :t 1 t I 1 3 s i t 3. v ai t 3 r "r yt/ — 2 — 1 t r- City Council Policies Personnel Administration { Number 1.3 AFFIRMATIVE ACTION PROGRAM: It is the policy of the City of Tigard to recruit, and employ a work force which represents the general composition of the general work force in the surrounding metropolitan area and is consistent with the Federal guidelinos for compliance with the rules and regulations of the Federal Affirmative Action Program. Whenever there is evidence of under•—r•epr•eson tat ion within the genc:r•al work force of the City which is inconsistent with the requirements of the Affirmative Action Program, the City is committed to a policy of taking corrective action to correct any inequities and to be in full compliance with the Federal Affirmative Action rules, regulations, and guidelines. l — 3 — i City Council Policies Personnel Administration ( Number 1.4 SEXUAL HARASSMENT: It is the intent of the City to provide a work environment that is free from any sort of discrimination or harassment. Sexual harassment in the work place on the part of any employee is prohibited arid any employe?e found to have engaged in sexual harassment will be subject to disciplinary procedures up to and including dismissal . Sexual harassment is defined as verbal comments, gestures, or physical contact of a sexual nature which are not fraely and mutually agreeable to both Parties. An employee who uses sexual behavior to implicitly or explicitly threaten, coerce, influence or affect: the dmployment, job status, salary, or performance of another employee is engaging in sexual harassment. All supervisor's are responsible to onsure that sexual harassment does nut occur in the work place. Any employee who believes that: they are being subjected to any form of sexual harassment should immediately infurm the offender of their feelings and n:ik thoL the offending act-ions ho rensdd. Any employee who believes that Lhey have boon st.;bjdct:ed Lo any form of sexual hariassmeriL should report the complaint: to the Personnel Managdr, the Dirdctor' of Community ,and Administrative Services, and/or' Lhe City ALtorney fur' appropriate investigation and ,action. Any form of retaliation by any employed against an e.mploydo filing a soxiiial har'a;smont; ctmiplikint: will not bd t:oler'atdd and shall subject, the retialiiator: Lu di.scipl.inary action up to aril including dismissal . i 'r i s B c f i — 4 — City Council Policies Personnel Administration Number 1 .5 POLITICAL ACTIVITIES OF CITY EMPLOYEES: Employees may riot use their official authority or position with the City to further the cause of any political party or candidate for- nomination or election to political office. Oregon law forbids any City employee, while on the job, from soliciting money, influence, service, or other article of value or, otherwise aiding and/or promoting any political cause or the nomination or election of any person for public office. During the term of their employment a City employee may riot run for any elective office that creates a conflict of interest between the duties of that employee and the prospective duties of the elective officer holder. An employee must obtain prior written approval of their Department Head and/or City Administrator before filing as a candidate for an elective office. Failure to obtain prior written approval may be deemed by the City to constitute a voluntary resignat:ion if the is elected to that: position and the City determines ghat t:he elect ion to the position croat:es a conflict of interest with the cmp.layee's position with the City. Nothing in this rule is intended to restrict the political actions or- ac' iu;ties ",f emP)oyees outsides of their regular working hours. — 5 — I OWN City Council Policies Personnel Administration Number 1 .6 f PERSONNEL RECORDS: The Personnel Manager of the City shall initiate and maintain a personnel file for each employee of the City. This collection of files shall be kept in the Personnel Department. The personnel file will contain the employee's name; positions and departments to which the employee has been assigned while employed by the City; employment application materials; notification of employment; salary history; changes in employment status; per•for•mance, progress, and merit evaluations; training records; written disciplinary actions; written commendations; and any other pertinent information required to allow the City to comply with Fedoral, State, and other agency laws, rules, and regulations . Department (leads may maintain a separate training record for employees in their department. These training records shall be considered a part of the employee' s personnel record. Employee personnel records are confidenLial nrid shall be accessible only to the folIowirig per•son5/a9vncicis The employev The City Admini:;trator- Tho D.irecLor of Community & Administrative Services The Personnel Manager Employees in the Personnel Deportment; de:cignated by the Personnel Manager The employoo's Department Head The employee' s Supervisor FcJeral, State, and other, agency representatives which lawful access to the record; Legal coun,;vl employed by the City No portion of the employee' s personnel file shall be made available to any other person than those listed above without, the writton consent of tho employee or by order of a court of competent jurisdiction. An employee may place pertinent and appropriate information in their personnel file with the approval of the Personnel Manager. Any general inquiries regarding either current or former- employees shall be limited to the following information: Verification of the individual's employment status with the City Verification of the employee' s starting and ending dates of employment Verification of the positions the employee has held while employed by the City Verification of the employee' s salary range An employee may obtain copies of any portion of their personnel file by making a written request to the Personnel Manager. VIM 6 — City Council Policies Personnel Administration Number 1.7 NON—SMOKERS' RIGHTS: (Reference: Oregon Indoor Clean Air Act — ORS 433.635 — 433 .675) In an effort to safeguard the health of employees and members of the public who might be allergic: to or offended by smoke, all City facilities are considered "Nun—Smoking" areas, except for• areas specifically established for smokers and clearly .labeled "Smoking Area. " In any event, cigar, pipe, cigarillo, or• strong odor smoking is prohibited inside public buildings. 7 _ IM City Council Policies Personnel Administration Number 1.8 i EMPLOYMENT OF' RELATIVES: It is the policy of the City of Tigard that two relatives may riot be employed, or considered for employment whenever one person might have supervisory or management responsibilities affecting the other, in such matters as wage and salary administration, employee evaluation, transfer, promotion, assignment of work, discipline, adjustment of grievances, or any other recommendations of personnel actions, o whenever such employment is deemed by the City Administrator riot to be in t:he best interest of the City. For, purposes of this policy, relatives are defined as being an individual's spouse, mother, father, son, d<aughter•, mother--in--law, father--in-law, grandfather, grandmother, step--son, step-daughter, sister, brother, sister•-in-law, brother•-in-law, or, any other relative living in the individual's household. If any of these conditions exist, one of the employees shall be offered a transfer to another dopar•l.ment or division, provided openings exist for- which the individual is qualified. In the event no :>uch opening exists or job transfer does riot rectify the situation, one of t:he employees must resign within 90 days. Lf the. individuals involved do not agree as to who will resign, the City Administrator shall doc-ido based on merit and the needs of the Ci t:y.. 8 - i City Council Policies Personnel Administration ( Number 1 .9 OUTSIDE EMPLOYMENT: When an individual accepts employment with the City of Tigard, it shall be understood that the City has first call upon the services of its employees, regardless of any impingement upon secondary employment. i Employees shall riot engage in outside employment that is incompatible with City employment, or will detract from the efficiency of work performance, or is ;n conflict with the interest of the City. f Employees shall notify the Personnel Manager, in writing, in advance, of all employment outside the scope of jurisdiction of their employment with the City of Tigard. The Personnel Manager will notify the employee if such outside employment is found to be in conflict with the interests of the City or is likely to bring � discredit upon the City. It shall be up to the employee to Choose which i employment opt.iun they most desire. { i i i a i 1 yry 1 1 (j R, ► �p epYF} F ple� b , I { i 9 — i City Council Policies Personnel Administration Number 1 .10 TRAINING Training can come from many sources: college classes, consultants brought in-house, professional conferences, training seminars, and other opportunities provided through public and pri-ate associations and vendors. The following general guideline is provided in order t , prioritize city expenditures: 1st priority: o Maintain specific job skill and technical advancement. 2nd priority: o City-wide systems and process development; team building, customer service and communications. 3rd priority: o General benefit - either• to the employee or to the organization (i .e. , first aid, wellness and personal development) . The budget is the first place to recognize the strong nerd relating to technolf,gical arid organizational changes. As a rule of thumb, each department will plan up to 1 percent: of the personal services budget for training. In this way training will stay within proportion to other needs. The specific training plan for each department detailed in thea Annual Budget is then considered to be approved by Counci.I, however, still requires individual approval by the City Administrator and Department Head. The following i:; the guideline for, those individual approvals : o if over $500 or 500 miles from the City, specific Council approval is required, unless previously approved by Council in the Budget; o if over $300 or 300 miles it requires City Administrator approval; o if under $300 or 300 miles it requires Department Head approval . 10 - City Council Policies Personnel Administration Number 1 .11 COMPLAINT PROCESS: The City welcomes suggestions for, improvement in City personnel management and policies. Employees ar-e encouraged to offer comments or address concerns to Personnel management staff. Employees with their supervisor or to the City's an actual complaint about the applicationi of City personnel polcies may submit a formal written complaint. Any employee shall have "' right. to submit a written complaint: concerning the interpretation, application, or implemc�ntat:ion of any of the policies, rules, or regulations in these chapters, but. nut on tho actual content of the from thepolicies, rules, or regulations , This Complaint- Process is apart Grir..vance procerlisres; providod for- in tho negotiatr:d bargaining agreoments between the CiLy and the unions ropresent:irig the bargaining units of the City. All employees sha11 have complc,"e freedom from any sort of reprisal For usc? of, or par tcipat:iun in, any aspect of the complaint/appeal process. An cmployre may f.i 1 c' a wr•.i"ten Compl,a.i n with 01V i r immed,i ate supery i sor stating the nature of their complAint. Thea complainL should, <at a minimcun, refer to thea policy, rule, or regu]at.ion in questiun, the condition or situation causing the complaint to be filed, Arid Lhe action recommended by the employee to resolve the complaint. The employee anca tho.ir• supc%r•v isor• shall normally maet. wi.Lhi n five working days to discuss Lhe complair?t and shall at tempi: to informally resolve the complaint. If the complaint. is not resolved to thee sai:isfaction, Lhe employee mtay, within five working days, forward the written complaint to Following r•eviow, tho Department Head shall, within their Department Head. five working days, make a decision regarding the resolution of the complain and shall., in writing, inform both the employee and tho supervisor of that decision. Either the employee or- t:he supervisor shall have the right to appeal the decision of the IJepartment Head to the City Administrator. The appeal request shall be in writing and must be filed within five working days of the receipt of the decision from the Department Head. The appeal request should include copies of any correspondence, etc. , related to the original complaint. The City Administrator may utilize any of the following three options to investigate and make a final decision on the disposition of the appeal : 1 . The City Administrator may personally review the appeal. This review may include the gathering of any information pertinent to the original complaint or the appeal, interviews with employees, advice of legal counsel, or any other process deemed necessary by the City Administrator to make an informed decision on the appeal. The City Administrator shall normally make a decision on the appeal within 20 working days from the date the appeal was filed. The decision of the City Administrator shall be in writing, with copies to all interested parties, and shall be final. i — 11 — 2. The City Administrator• may appoint a Hearings Officer to review the appeal. The Hearings Officer shall have no personal interest in either• the original complaint or the subsequent appeal and shall riot be an employee of the City of Tigard. The Hearings Officer shall have the same \ latitude to gather information related to the appeal as outlined for• the City Administrator in Section 1 above. The City Administrator shall designate the Hearings Officer within five working days from the date of the filing of the appeal and shall inform the interested parties of the name of the Hearings Officer•. The Hearings Officer shall have ten working days to review the appeal and make a recommendation to the City Administrator regarding the disposition of the appeal. The City Administrator shall review the recommendation of the Hearings Officer and shall, within five working days, make a final decision on the disposition of the appeal. The decision of the City Administrator• shall be in writing with copies provided to all interested parties and sh.jal be final . 3 . The City Administrator may appoint a Complaint Resolution Panel to review the appeal. The three members of the Complaint: Resolution Panel shall be: a. A managerial employee from the Department other than the Department that originated the complaint and subsequent appeal. b. A nonmanager•i.al employee from a Depar•tanent other than the Department: that or•igi.ntated the complaint and subsequorIL appeal. C. A citizen from the community at large who has no personal interest in either• the original complaint: or• the subsequent appeal. The Complaint Resolution Panel shall have the same latitude to gather information related to the appeal. as outlined for• the City Administrator- in Section ]. above and shall operate under• the same timelines as outlined for• the Hearings Officer• in Section 2 above. the City Administrator shall review the recommendation of the Complaint Resolution Panel and shall, within five working days, make a final decision on the disposition of the appeal. The decision of the City administrator shall be in writing with copies provided to all. interested parties and shall be final. — 12 — City Council Policies Personnel Administration Number 1.12 (Proposed) MERIT SALARY INCREASES: Except where prohibited by language in any applicable collective bargaining agreements, employees of the City shall receive salary increases, within the salary range of their job classification, on the basis of merit instead of automatic "step" increases on an annual or other basis. Merit salary increases ar-e directly ivied to Lhe employee performance evaluation process which :is defined and described in the Administrative Rules and Regulatit)i s . The purpose the merit salary increase concept is to allow supervisors the latitude to recognize above or below average levels of work performance on the part of the employee and Lo grant. salary increases based on the emPlo.yee's work performance. sb/1420p/00.14p — 13 — 4 ► j Administrative Rules and Regulations 1 i Personnel Administration Number 2.14 COMMUNITY SERVICE VOLUNTEERS: t The City participates in a number of programs which act as a work experience for youth, individuals over 55, court referrals, and citizens wishing to volunteer their time for public service. Such individuals shall be selected s using the following guidelines: A representative from the sponsoring agency or the individual shall contact the Personnel Manager regarding placement.. i The Personnel Manager coordinates with the immediate supervisor, { establishing hours of work, job responsibilities, qualifications, and extent: of supervision prior- to placement. l The sponsoring agency shall provide liability coverage for program participants. z The City shall provide livability coverage for citizen volunteers. a i C i i S f �F C {4{ f f I C ' — 21 — F Administrative Rules and Regulations Personnel Administration Number 2.15 C EMPLOYEE'S WORK ENVIRONMENT: The City is responsible for maintaining an acceptable work environment consistent with job duties. Outages of electrical power•, air conditioning, or- similar- disruptions to the work place may be handled by the City as follows, appropriate to the circumstances. Up to two hours per• day paid .leave may be granted by the immediete supervisor• if conditions ar•e not conducive to a safe and healthy work environment. Leave beyond two hours per• day must be approved by the Department Head. Depending on the overall needs and pr•ior•ities of the City, employees may be assigned to work within the same class or out—of—class, subject to out—of—class pay allowances and may bo reassigned to a different job site. Y l — 22 i s i t } Administrative Rules and Regulations Personnel Administration } Number 2. 16 WORK ATTENDANCE DURING INCLEMENT WEATHER: a S In the event of extraordinary inclement weather, where circumstances prohibit the safe transport of employees to work, the City Administrator may allow a E grace period of up to two hour's with pay in order to accommodate employees' safe arrival at their work site. Beyond the first two hours of the scheduled starting time, the employee will only be paid for• hours worked. Upon approval of the supervisor•, the employee may use compensatory or vacation or elect to adjust the work schedule to make up lost time. f The City Administrator may use his discretion in deciding whether employees may leave early without loss of pay due to impending weather conditions. Public Works and Police Department: employees are advised to consult individual department policy regard irig the provision of emergency services during inclement: weather. s t am ti i 1 i r r t3 i L A t{{i� i f- i C — 23 — f 3 Administrative Rules and Regulations Personnel Administration Number 2.17 r USE OF CITY OWNED VEHICLES: In the event a work assignment requires the use of a City vehicle, the employee is required Lo be qualified and licensed in the operation of Lhe vehicle. Any limitation on the employee's ability to safely opo rate the vehicle or the licensing of employee to operate the vehicle must be brought to the attention of the employee's Supervisor so that temporary reassignment can be made. Failure Lo report may result in suspension without pay or termination. City vehicles are to be used only in the performance of official City business. Employees shall refrain from the use of a City vehicle for personal business or errands, except for police officers who are subject to call while on duty and must use the police vehicle at all Limes during the work day. An employee must request the use of a City vehicle through the immediate supervisor. Vehicles are resorvod through the Public Wc:rks Operations Superintendent. A City credit card or, the City pumps will be used for- fuel . Any out--or•-pocket expenses such as parking or tolls shall be roimbursr..d upon prc,sentation of recvipLs . Police vohi.cles are assigned by the Watch Commander. f - 2A - ! Rom 'i t i G Administrative Rules and Regulations Personnel Administration Number 2.18 (' REPORTING OF VEHICULAR AND/OR OCCUPATIONAL ACCIDENTS: Whenever a vehicular- accident occurs involving a City owned vehicle or a personal vehicle, if the employee is using the vehicle while on City business, the accident must be reported immediately to the employee's Supervisor arid, if within the city limits, to the Tigard Police Department. The employee shall complete a report within 24 hours of the accident giving the time, date, and circumstances leading up to the accident, a full description of the accident, and any subsequent events which are pertinent to the City's investigation. The Supervisor- investigates all accidents as soon as possible and completes a report to the Department (lead and forwards a copy to the City Administrator and Personnel Department. The Tigard Police Department will investigate all vehicular accidents involving City vehicles that occur within the city limits. The Oregon State Police Department is responsible for investigating accidents involving Tigard City Police vehicles, however, if an OSP unit is riot available, the nearest County agency havirig jurisdiction should be contacted. A preliminary estimate of the damage to the vehicle(s) must be obtained by the Supervisor or Depar•t:mont; Head of the employee involved in the accident. After- an investigation has been completed, the Supervisor must take+ f appropriate action to minimize the possibility of a similar accident recurring and any appropriate counseling or disciplinary action with the employee. d The employee shall complete a report within 24 hours of the accident, if occupational injury is involved, detailing the time and date, nature of the � injury, and how the injury was sustained. The employee completes state and city insurance reports and forwards to the 'Supervisor who will fill tut the portion(s) of the form(s) to be completed by management. Incident reports are then routed to the Division Supervisor and Department Head. When the reports are reviewed and no further action is deemed necessary, the form is routed to the Personnel Manager within 40 hours of the injury/accident. The state and city insurance forms are routed to the Finance Department within 48 hours of occurrence of the accident. i Wo { C j . — 25 — ' IBM OWN Administrative Rules arid Regulations Personnel Administration Number 2.20 EDUCATION AND TRAINING All regular employees ar•e encouraged to take advantage of any available education and training oppor-tunities which would enable them to maintain specific job skills or keep current with technical advancements related to their job requirements. In or-der, to obtain the most effective utilization of the funds budgeted for- education arid training, Lhe Department Head shall deter-mine which employee requests would best serve the overall goals and objectives of the Department. Employee must submit, a written request, with a proposed curriculum of study, to Lhe Department (lead at 1c±ast 15 days prior Lo the r•egistr•ation deadline for- such classes. Requests will be considered for attendance at accredited colleges, universities, arid business arid i:ethnical schools for- single courses or• for- pr•ogr•ams leading to a degreo or- certificate. 'T'he City shall not reimburse± an employee for any cot.lr•se ulhi(:h qualifi(as t:he t`mployee for additional pay in the form of education and t.r•aining incentive .incr•emonts. As re usod athe prel:edln(j sentence the tor'111 "(W(Al if los" lntludos a cour•:ie which, on its own, qualifies the 01liployee fur Lha do±:rr•.ibed benofits, or', together with onoLher• course or- other- t(lur•sos, loads to such gclalification. If the request: is approvod by Lho City, the employee shall rocoive r•eimbur•sement for- 100 per•conL of Lhe cost of r•egistr•ation, tuition and books, upon suc:cc.�ssf ul conlplot..ion of the tour•sc±(s) with a yr-ado of "C" or- bot,ter-, or- Pa%s i rig" r•P<assirig" where no grade is usod. where Lhe e.pl(.ly,e completes a class fur' which a r•eimbur•somont request has been submi l.Led and approvod, the Pillploye(• tthall provide an official Lr•anscr•:ipt or- r•opor•L card and ,an itemization of r•eimbur•sable. expenses (with r•ecoipt.s .if possible) to the City Administr•aLor. Employees ar-e pr•ohibit:ed from receiving doublo funding for- education; e.g. , from the. City and from anot:her- tA our ce st.lth ar; the Vetor• ns Admin.i st:r•ati.on. Employees will be r•equir•ed to sign a statement ver ifying that the City is the sole source of funding. An employee may requost an advance for- tuition Arid books provided the r•equvst was approved prior, to the r•egisLr•al;ion deadline. The employee nu.lst demonstrate satisfactory completion of the course or- muss: r•eimbur•se the City for- all costs advanced. If the class taken was related to the employee's current position, arid the employee is separated from the City service for any reason, except layoff, within one year of completion of the course, 50 percent of the amount reimbursed shall be deducted from the employee' s final paycheck. If the class taken was related to reasonable promotion or transfer opportunities, and the employee is separated from City service for any reason except layoff: Within one year of date of reimbursement, 100 percent of the amount � reimbursed shall be deducted , ram the e emP loy�ee' s final paycheck. If beyond one year- arid less than two years, 50 percent of the amount reimbursed shall be deducted from the employee' s final paycheck. - 27 — In cases where employees have special scheduling problems, every effort will be made to allow release time from the work schedule to attend classes (subjoct to department scheduling and workloads) . In situations of this type, the employee must make make arrangements to make up the release time on a ( weekly basis (e.g. , taking two hours off on tuesday afternoons and working two extra hours on Thursdays, or taking 1/2 hour lunches four days of the week . The employee must receive advance written authorization from his immediate supervisor; such authorization will no incur• "overtime" pay obligations should an employee work in excess of 40 hours per weak. The City may authorize or require employee attendance at conferences, seminars, workshops, or other• functions of a similar nature that are intended to improve or• upgrade the employee's job skills or• knowledge. — 28 Administrative Rules arid Regulations Personnel Administration Number 2.21 EMPLOYEE TRAVEL AUTHORI7_ATTON AND RFIMBURSEMENT: The procedures for' documenting the expenses :involved with employee travel on City related business activities are designed to provide accountability in two areas: _ 1. Preappr'oval of all travel roquosts to insure that: the travel is appropriate to the needs of the City and that budgeted funds are available for' the specific tr•,lvel request. 2. A complete accounting of the actual expenses for, the travel to insure that the expenses be.irig reported for re.imbl.ir'scament; are appr•opr•iate and to provide doc..umentat ion of the expenditure of City funds. The following levels of approval are r'equir'ed for- all employee requests for- expenditures for, education, training, and travel requests: o If the expenditure w.i.11 bo over $500 or- involves travel over 500 mile; from the City, specific City Council approval is ro..q(Airod unlot;s tho request: was specifically approved by tho (:it.y Council in tho budget document. o If the expend it.ur•o wi 11 be ovor $:100 or- involvos tr•avoI over' 30U mi les from the City, the rogues(, will require the approval of the City Admini strator•. o If the expendituro it, loss than $300 or- involves travel of less than 300 miIos, tho r'oquost: will r'eguir-o tho approval of tho omployno's Dopar'tmont Head. At least: two woek:; prior to the anticipated tr•,avel, the employee should complete a "Travel Aut:hor'.ir..at:ion" form. the purpose of this form is to provide advance approval of the requested tr'iavel and, if nec:essar'y, to provide the means for an advance of funds to the employee for- the anticipated travel . Within one week after' the travel hL+r; been completed, the employee shall complete a "Travel expense" form documenting all expenses from the travel and providing receipts when required. The following general guidelines apply to the reimbursement: of employee travel expenses: o Transportation - The City retains the right to determine the mode of transportation most appropriate to the type of travel involved. This may include public surface or air travel, use of City-owned vehicle, or use of the employee's personal vehicle. Reimbursement for any form of public transportation must be supported by actual receipts documenting the amount of the actual expenditure. If a City-owned vehicle is assigned, the City ..ill reimburse the Omployee for- expenses incurred in the operation of the vehicle (gasoline, oil, repairs, - 29 - etc. ) only when actual receipts are provided to support the expenses incurred. If the employee's personal vehicle is used, the City will reimburse the employee at the current IRS mileage rate for the actual mileage required for the trip. o Lodging — Hotel and motel. accommodations should be appropriate to the purpose of the trip. Expenses for lodging must be supported by actual receipts in or••der• to be reimbursable. Reimbursement for• lodging accommodations shall be Iim:iLed to Lhe expense of single room accommodations. o Meals — Expenses for meals, including tips, will bo r•ei.nibur•sed upon presentation of actual receipts for Lhe exponses :incurred. o Local Transportation :I:f (he employee is traveling by public transportation, Lhe expenses for, local Lransportation (taxi, bias, ren Lal car-, etc. ) are reimbur•sabli.- if suppor•t:er.d by art.c.ial r•eccr.ipts . If thea employee is using a City vehicle, their, personal vehicle, or a rental car, necessary parking expenses, toll fees, etu. , are reimbursable if supported by actual receipts or are documented by Lhe employoe in cases wher•o no receipt is available. o Telephone and To1oyrams C.:xponsr..s fur• tolophone and/or- to1ogr,km communications arcs r•eimbursabIo only if they are d1rec:t:ly rerlat:ed Lo City business and are supported by actual receipts . o Registration (Arid tuition Fees -- Expenses for r•egistrtitions and/or tuition fees are reimbursable if supported hey aCLUial receipts and caro related to the nature of the Lr•ip. o Tires -- Expanses for tips should be included with the reported associvat:ed expense. 'Tips and/or gratuities paid on ,in irid ividuaI basis are not reimbursable. o Alcoholic; Beverages any expenditures for- olcoholi.c.. beverages are not. r•eimbur'sable. All reque:its for travel reimbursement nua:;t; be approved by Lhe employee' s Department Ilead or Lhe City Administrator and will be audited for accuracy by the Finance Department. Any unused amounts of a travel advance must be returned at the time the travel expense form is :;ubmitted. Any subsequent i requests for travel will riot. be approved unless all. previous travel expense r statements have been submitted and approved. All employees of the City are expected to use mood judgement regarding they s expenditure of funds for travel expenses. Any expenses For family members who accompany the employee on a trip are riot reimbursable. The travel expense report shall be completed to show only the actual and necessary expenses related to t-he employee authorized to make the trip arid the level of expenses must be appropriate and reasonable to the nature of the trip. sb/1566p/0014p r s / 1 • f i — 30 — i f, City of Tigard TRAVEL AUTHORIZATION F j Employee Name Department Date (s) of Travel Budget Account Number S t Destination and Purpose of Trip E e i ANTICIPATED EXPENSES: i Transportation Mode: .$ Lodging: $ i Heals: .$ fees, Tuition: .$ Other Expenses: .$ a Total Anticipated Expenses $ Amount of Travel Advance Requested S E Y Employee Signature Date Approved By Date y Original to Finance Department Copy 9 to Department Head Copy 2 to Employee h h ti G U U •C O. 41 O W C O 4 +� U 41 L4 � O 2 h u C j O U U Q � 4 C C1 � � b O � J h .-q" ra 41¢roi ti 4 b G! j N f O � C fu �W Cr O O � O 4. Cl. 4J O )C v Z a W U CM .1 W ti J H h N ro CLv a 41 I L4 h ai ai a ac U o a 9 ~ > E N c0 41 b W U ti O 7 4 4 U ro u 4J cn G F. U N rz a w cu h � 4J En ^' Efu E ti U 41 ro a v cu o °' cua o �' > y o u Administrative Rules and Regulations Personnel Administration Index Number- Page General Guidelines 1 Conduct and Appearance of City Employees _. Grounds for Disciplinary Action 2. 1 2 S 2.2 4 Safety Job Attendance — Tardiness 2 . 5 Solicitation on City Property 2.4 6 4 Legal Liability of the City to Employees 2.5 7 Written Departmental Rules and Standard Operation Procedures 2.6 II Recruitment and Selection of New Employees 2.7 9 New Employee Orientation and Probationary Status Verification 2.II 14 Voluntary Resignations 2.9 15 Employee Performance Review 2. 10 16 Pay Dates and Payroll Advances 2. 11 lII Job Sharing 2. 12 19 Intern Employment 2. 13 20 Community Service Volunteers 2. 14 21 Employee's Work Environment 2. 15 22 Work Attendance During Inclement Weather 2. 16 23 Use of City Owned Vehicles 2. 17 2.4 Reporting of Vehicular and/or- Occupational Accidents 2. 18 25 Patents and/or- CoPyr•ights 2. 19 26 Education and Training 2.20 21 Employee Travel Authorization and Ria imbursement 2.21 29 Administrative Rules and Regulations Personnel Administration tt General Guidelines tl Purpose: The purpose of this chapter' is to provide rules and regulations for- all City employees relative to matters of personnel -administration. These rules and regulations ar•e intended to provide a gener-al fr•amewor•k for effective personnel administration except where specific collective bargaining agreements may differ- from these rules and regulations. In the event of a conflict in language inter-pretation or application, the language contained in the collective bargaining agr,ovment; shall take precedence over- the rules and regulations in this chapter- for- any employee covered by such collective bargaining agr•eeme.nt. Author•ity and Responsibility: The Mayor and City Council shall have authority over- all matters of personnel administration through adoption and implementation of the City budget, pay plans, collective bar-gAining agreem%ant;s, and or"dinances and resolutions adopting and/or• amending the personnel rules and r-egulations. Interpr•eteat.ion land Administr-ation: The City Administrator may inLer•pr•et the !sir—i(.—.t application of t;he rules and regulations in this charter in any case where application is in question. Thea City Admin.istrcator• may specifically delegate in writing the authority for the enforcement of the rules and r,ogulations in this chapter-. Tho City Administrator• sh,a11 be r•wsponsiblo for- intiur•.irig the effective implementation of these rules and regulations and may fur•t.hor• ostablish, amr..nd, or- otherwise modify administrative rules and regulations pursuant, to City Council policies and shall advise t;he City Council on any changes concerning these rules and regulations. — 1 — IMINE11 Sam= Administrative Rules and Regulations Personnel Administration Number 2.1 CONDUCT AND APPEARANCE OF CITY EMPLOYEES GROUNDS FOR DISCIPLINARY ACTION: It is Lhe obligation of all employees to be safe, courteous, arid efficient in the performance of their duties. Employees are expected to establish and maintain harmonious and effective working relationships with co-workers .--And employees of other departments. A friendliness and willingness to help should be exhibited during telephone calls, in letters, and in person-to-person conversation, while at the same time being as brief and concise as possible. In addition, employees should always strive to roduce costs of supplies and services in every practical manner, and should be as careful with public property as with their own. Public relations arid customer- service s ha 11. be an i into9ra1 part of each employee's job. All employees shall bu neat and clean in appearance consistent with their job assignment and shall conduct themselves in ci manner• which is appropriate for- ,an employee in the public service. Employees shall be courteous, efficient, Arid helpful to everyone in their work arid shall do the best job possible on every assignment. 1-miployees should dress and groom in ia iivAnnor which will riot. impair or roi;tric.t their movomvnt:s in c,a-,,os where this might cause safety problems . Invar)w-ow-6-Ato personal appearance may be. grounds for disciplinary action, but. this action shall riot exceed or,.-al reprimand (on the first occasion), oxcopt in cases whore the stifety of the olllployvo or• other!, is a factor. The following activities or behaviors aro grounds for corrective action or discipline up to and i ric 1 ud i rig dismissal . Causys for, disciplinary Action rolatvd to personal conduct contrary to the employee' s or publ i c' s best interest include, but are riot, limited to, the following: Improper use of employee' s position for personal gain. Solicitation of a contribution, response, or action in the ri,.Amo of the City designed to further a political or charitable cause, while on duty. Insubordination and/or- discourteous treatment of o Supervisor, Department Head, City Administrator, City Councilor-, the public, or a fellow employee. Gambling for items of value during working hours or on City premises. Being adjudged guilty of a crime which brings discredit to the City or hinders the employee' s ability to perform in job capacity. Inattention to or dereliction of duty which would endanger the employee's own safety or the safety of others. Acceptance of gratuities or presents designed to affect the City' s response to the public or special interests groups (i.e. , taking bribes for action), whether or not an effect or influence actually occurred or resulted. - 2 EMMENEW,-110 OMEW RM i t Using City property on the job For personal use, taking City equipment or property from City premises for personal use, or taking City equipment or property from City premises for City use without specific prior knowledge s and approval by Supervisor. Other conduct unbecoming public service or reflecting discredit upon the t City. I i 6 i i f! 9 L t i i i f 3 f k f �f} t yF{F 7 A i ( t l 3 — i Administrative Rules and Regulations i Personnel Administration Number 2.2 SAFETY: and The City shall provide a safe wore it��nting `r►Ile The t>d11which epr spores iblec�y ins the [` Depa y Such the public from znjury' ►ro ram for• their department. regulations and controls, equipment development and maintenance of a safE.t K g ' programs may include published safely g caution maintenance programs, and training programs, Employees shall exercise Published low in the performance of their duties arid ► accidenthall loc.cursdwhile rantemplOYee is } safety regulations arid controls. if that: all necessary forms related to the accident performing their assigned duties, the employee will immediatelyhenotify supervisor. who will ensure are completed. :If a City vehicle is involved in an accident, the appr•i�priat;e law enforcement agency shallpt be promly notified• i Prompt repor•t:ing of any condition or, All employees are responsible for the. p ' C situation which might pose an unsafe environment for, themselves, other- All eos, or the generr+l public. Deponding upon the severity of the th empl y to Usp. condition or sit.uatior►, the employee is oir,s por'visor•, Depart.mWr►tdNcadc,tihe in reporting the condition/sittsat;ior► to their, F Personnel Manager, and/or' the City Administ:rt+tor. } i t 4 YF F i t �4 (A S y� E P. Y G �yq f 1, _ 4 _ j i f i i Administrative Rules and Regulations i Personnel Administration ! Number 2.3 JOB ATTENDANCE — TARDINESS: In accepting employment with the City, each employee is required to meet certain standards. Maintaining an acceptable level of job attendance, no less than good work performance, is one of the standards by which an employee's over-all contribution to the City may be measured. Continued employment carries with it the personal responsibility of each employee to be on the job on time every scheduled work day. Recurring and excessive absences and/or tardiness is disruptive to work schedules, costly to the City and its residents, and detrimental to the morale and efforts of employees who maintain a good work record. Employees who do riot maintain a satisfactory record of ; attendance and punctuality will be subject to disciplinary procedures up to and including dismissal. Any employee who is absent from work for, three or more days without authorization shall be considered to have voluntarily resigned from their position with the City. when extraordinary circumstances e found to have existed at the time of the absence, the individual may be reinstated to their position by t:hc City Adminisi r•at:or. i WM gag Rom i t c f p 4' i tt iA S — 5 — i 4 i Lou Administrative Rules and Regulations Personnel Administration Number 2.4 C SOLICITATION ON CITY PROPERTY: The City does not allow any form of peddling, solicitation, or• sale of goods or• services for• charitable or any other• purposes on City property during normal working hours without the approval of the City Administrator. This rule applies to both City employees and members of the general public but does not apply to vendors conducting normal business with the City. 6 — Administrative Rules and Regulations Personnel Administration Number 2.5 f LEGAL LIABILITY OF THE CITY TO EMPLOYEES: Laws regarding responsibility of cities and their employees are complex. Generally, decisions regarding liability for, accidents and injuries are based on proven negligence. The City carries liability insurance to cover accidents and injuries and to protect and defend employees from tort liability while in the course of their, normal duties. If personal property used at the work site is stolen or, damaged, the City may, at the City's option, reiiDburse the employee or replace the item, provided the item was necessary to the performance of the employee's duties. The City's financial responsibility to reimburse or replace stolen or, damaged personal items shall be limited to the minimal value of the stolen or damaged item relative to the item' s importance in the performance of the employee's job requirements. Personal items stolen or damaged that are riot required by the City for job performance are riot covered by the City's liah�ility insurance. Specific questions regard irig losses and amounts of coverage should be addr esscad to tho Poruonnol Mani,%ger. 7 - a Administrative Rules and Regulations Personnel Administration Number 2.6 WRITTEN DEPARTMENTAL RULES AND STANDARD OPERATING PROCEDURES: Each Department Head may establish such written rules and standard operating procedures as may be deemed necessary for the efficient and orderly administration of their• department. Such rules and procedures are subject to approval by the City Administrator• before becoming effective and must be consistent with the policies, procedures, rules, and regulations established in this manual. Copies of the applicable departmental rules and operating procedures shall be made available to all employees in the department and shall be on file in the Personnel Office and the office of the City Administrator. now — Q — Administrative Rules arid Regulations Personnel Administration Number 2.7 r . t RECRUITMENT" AND SELECTION OF NEW EMPLOYEES: This section applies to all positions in the City except those of the Mayor, City COUnci1, City Administrator, City Attorney, Municipal Judge, City Recorder, and the Finance Officer. It is the policy of the City of Tigard Lo riot accept, retain, or rospond to unsolicited resumes or applications. Recruitment Procedures: A recruitment to fill a vacancy or to create a new position shall be handled in the following manner: The Supe r•vi.sor• or Department Head of the work unit where the vacancy is anticipated initiates a request: for recruitment and forwards it to the Personnel Manager. The Personnel Kmi.,%ger• reviews the recruitment regt.test to inst.ire budget authorization fur the position, performs a job audit, and t.ipdates the job description :and/or specifi.cat;ions; a-> appr•opr•iato. The Personnel Manager• r•ev.iews any changes to the job description <and/or specifications with the Supervisor and/or Department Head. The Personnel Manager prepares the recruitment notice containing the job dascr•ipt;ion, salary range, and application procedures and reviews Lhose items with the Department Head. The Personnel Manager prepares an authorization normo for- approval by the City Administrator. This memo shall contain the budget authorization, recruitment; notice, methods of recruitment and advertising, application evaluation criteria, responsible party for application screening and test administration, and the anticipated gime table to complete the recruitment process. Following authorization by the City Administrator, the Personnel Manager coordinates the recruitment process including advertising the position arid. acceptance of applications. The Personnel Manager is responsible for• insuring compliance with the City's equal opportunity and employment policies throughout the recruitment and selection process. In situations where there is a current eligibility roster as established through earlier advertising, recruiting, and testing, no further recruitment is necessary. The top ranking applicants on the existing eligibility roster are referred to the hiring authority for interview and selection. The Personnel Manager- shall. determine the scope of the recruitment based on such factors as the knowledge, skills, and abilities required to successfully fill the vacancy, whether there are current City employees sufficiently qualified for the vacancy, labor market conditions, etc. 9 — Contents of Job Announcements: Job announcements shall generally include the following information: AM The job title and salary range The knowledge, skills, abilities, and other- related char•acter•istics r-equired for- the job Thi r•equir•ed qualifications for• the job including education, experience, licenses or certificates, and any other related matters. A description of the selection process The place where application materials ar-e available, where completed applications are_ to be filed, and the closing date and Limo for receipt of applications The title of the Personnel Manager as t:he contact person for any questions regarding the vacancy or the application pr ac:eNss 'The posting date of the announcement Any applicable residency r•equ:ir•ements If applicable, any r•equir•ed momber•ship in a collective bargaining unit Whether, or- not applications wi1.1 be only accepLed from current employees of the City The phrase "An Fqual Opportunity Employer" pr•int:ed at the bottom of the announcement Such other, information as deemed necessary Lu provide maxiinuIII information Lo prospective Applicants Posting and Adver•t:is.ing: Job announcements sha]1 be posted on all City Hall bulletin boards for the length of Lhe app] ic,at.ion period and shall be for-war-ded to .all other- City office locations . For- external competitive job announcemenLss, r•ecr•ui tirig pub ici ty and adver•Lising will bo di.stri.buted through appr•opr•i %t.e media, Lhe r•eade.r•ship of which includes the target r•ecr-uitment group. Posting shall. also be made at the Oregon State employment recr-uitment depar•tnuont. All postings, publicity, and advertisements will indicate that: the City is an equal oppor-tunity employer-, Closing Date: The closing date is thsa final date for- receipt of appl.icaLions and shall be based on the scope of the r•ecr•uiLment and shall be clearly written on the job announcement. In order to be considered, completed applications must be in the possession of the City Personnel Office no later than the closing date and time specified in the job announcement. If it is determined that there is an inadequate number of qualified persons applying for- the position, the City may extend the application period by readvertising the position and without rejecting any previous applicants. — lO — Application Procedures : Applicants must generally be at least 10 year's of age. Applicants under- 18 years of age must obtain a work permit from the Oregon State Bureau of Labor. Applicants who are not citizens of the United States must be of a status that allows them to work in the United Stages. The Personnel Manager shall determine the scope of the required application materials to be submitted. Such materials may include, but riot be limited to, a formal City application form, resume, supplemental information questionnaire, and/or verification of cer•tificat:es, registrations, and licenses. All applicants will be asked to voluntarily complete a form providing information r'egar'ding ethnic background, date of birth, sex, and handicap status in order to provide information required by federal and state law. The form shall state that the information is voluntary, it will be used only for data collection purposes, and that the form will be detached from the application materials prior to any evaluation of the application. Acceptance of Late Applications: Late applications will riot. be accept(xi except. in the case of extraordinary circumstances, beyond the control of the applicant, as doterminod by l.he Personnel MAnager•. Multiple Use of Applications: When it. is deemed appropriate by the Personnel Manager, application materials recoived for one vacancy mcly be considered for a subsegtiont vacancy in the same job class fical.ion provided that. tho applicar",00 are contacted and their interest in the new vacancy is confirmed. Application Selection Pr•oceduros: us The pr'ocedur'es used for selection to fill a vacancy or to creikte a new position shall be esLablished with the assistance of and approval of the Personnel Manager. All examinations used In the solectlon process shall be competitive arid job related. The examination shall be designed to determine the qualifications, competence, and ability of the applicant to perform the duties of the job classification for which application has been made. No part of any examination shall. include any questions or procedures designed to reveal the political or religious affiliation or belief, national origin, age, sex, race, or handicap of any applicant. Examiners and oral interviewers shall be selected for their skill in testing and/or interviewing and their knowledge of the requirements of the position to be filled. The Personnel Manager shall verify the qualifications of the selected examiners and interviewers. Pre—Employment Requirements: Verification of information in the candidates application materials as well as reference checks will be made by the Personnel Department on the final candidates before an employment offer is made by the City. — 11 — If the duties of the position requir-e it, final candidates may be scheduled by the Personnel Manager for a pre-employment medical or psychological evaluation with a licensed physician or psychologist selected by the City. Current employees being considered for transfer- or- promotion may be required to update health or other background information or to submit to a physical or psychological examination. If the physician or psychologist, based on standards established by the City, deems any candidate to be unable or unfit: to perform the duties required of the position, they shall file a report stating the reasons for- making such a determination and the reasons for their rejection of the candidate. The City Administrator shall make all final decisions regarding the reports Filed by the physician and/or psychologist. These reports may be held in confidence by the City. Any physical or. psychological pre--employment examinations required of Lhe candidates shall be paid for by the City. Any candidata who refuses to submit to a roquir•ed examination shall be, rejected from consideraLion for employment, trans for, or- promotion, as applicable. A personal background investigation may be completed prior to consideration for employment in, or- Lransfer• or promotion to some positions . Additionally, some positions may requ.iro that the candidate be finger•pr•inted and/orphotogr•ai:hod prior to Appoi.riLment to the position. Any candidate who refuse,; to such pan i.nvost:.igation and/or 17:i ngcar•pr•int/photograph pro(;ess shall be re j ectad from cons iderat:iori for employment, transfer, or promotion, at; applicable. Rejection of Applications: The City reserve ; tho right Lo rt,ject, appl :ic,ants from consideration for- reasons .including, but not limited to, the following: The applicant lacks the minimum job-related qualifications contained in the job description or job announcomeriL fur the pos i.Lion for which they had applied. The applicant is unfit or unablr� Lu por•for•m the dul:.i.es of the position based upon standards esLablished by the City. The applicant has been convicted of .a crime d.iroct.ly related to the requir•ernents of the Position for- which they have applied. The applicant has used or attempted to use political pressure or• bribery to secure an advantage .in beim considered for- a position. The applicant has practiced or attempted to practice deception or fraud in the application or- testing process. The applicant has otherwise violated policy, procedures, rules, or regulations relating to the application process . The applicant has failed to respond to an employment offer made by the City. 12 — i r. Hiring Procedures/Offer of Employment: t When a final selection has been made for• the vacancy to be filled, the City shall make a written offer of employment to the selected -applicant. (� The employment offer shall specify the terms of employment including compensation, any special allowances or considerations, arid length of the i pr•obationar•y period of employment. Upon receipt of written acceptance of the employment offer• by the applicant, the hir•:ing supervisor completes a Personnel Action form to be approved by the Department Head and the City " Administrator. Unless otherwise agreed upon, written acceptance of an offer• of employment must be received by the City within ten days or the offer shall be considered to be invalid. } f law t ti x t 1 { 4 !Fk i} I 6 7(. i € 1�r P g ;l ¢pK i } 4 i f — 13 — Administrative Rules and Regulations Personnel Administration Number 2.0 NEW EMPLOYEE ORIENTATION AND PROBATIONARY STATUS VERIFICATION: The Personnel Manager or other designated staff member- in the Personnel Department shall conduct a "new hire" orientation meeting with all newly hired employees as soon as feasible Following the employee's commencement of work for the City . 'Fhe purpose of this orientation is to acquaint the new employed with the fringe bene Fit programs available to them, any applicable City policies, procedures, rules, arid regulations affecting their employment with the City, and an understanding of the conditions of their probationary status of employment with the City. Individual departments are responsible for supplement irig this "new--hire" orientation by providing the new employee with more detailed :information concerning the specific operating considerations relating to the department. These considerations shall include providing the employee with a copy of the job description for their posit:ion, an explanation of the rules, responsibilities, and work program priorities of the department, instructions on how to complete a t.imo card, .in introduction to co—workers in the department, arid, when appropriate, a tour of City facilities, i i l I 14 - Administrative Rules and Regulations Personnel Admin:istr•ation Number 2.9 \ VOLUNTARY RESIGNATIONS: To voluntarily resign in good standing, an employee must submit a written letter of resignation to their• supervisor• stating the reason(s) for• the resignation and allowing at least, ten working days notice of the effective date of the resignation. Failure to submit a timely written resignation may be cause to exclude the individual from futura employment opportunities with the City. Upon receipt of a letter• of r-osigrnaLion, the st.ipor•visor• shall forward the original latter• Lo the Per•sornnel Dapar•t:nuont grid shall for-war•d copies of the letter• to the Depar•tmont. Head and/or• tho City Adm:inistr•ator•. i :r i a s s z i. e r rk f ! s i k — 15 — ses�a Administrative Rules and Regulations Personnel Administration Number 2.10 EMPLOYEE PERFORMANCE REVIEWS: Employee performance r-eviews ar-e an essential communication process between the employee and their- immediate supervisor-. Such reviews provide information relating to merit arid promotional opportunities, identify areas of training needs, target the strengths and weaknesses of the employee's work per-for-mance, arid measure the relationship between Coc!nc.il goals arid objectives arid the individual employee' s product:iviLy. The goal of the employee per•for-mance r•ev.iew process is to establish a pattern of expected work habits by or before the time the employee r-eaches the top of the pay range for- their, job classification. The per-for-mance review process gives employees and supervisors an opportunity to review arid reset goals, r•ewar•d or- acknowleage good per-for-mance, create incentives, Arvi to detect and cor•r•ect improper- behavior- or- activity and/or- substandard work per-for-mance. Per'for'mance r-eviews ar•e to be compleLed coopor•,at.ively by Lhe employee grid Lheir• innrlediatce supervisor-. they ar-e to be complvtvc1 by the scheduled due date+ and m<ay be initiated by either• the employee or- t.ho sur)or�vi-sor•. The employee and Lhe super•v i sor• ar-e requ i.r,cd to is ign Lhe romplotod per•for•manco review forms . All employee, pur•for-mance reviews will be reviewed by the Department (lead and/or- the City Administrator'. A11. per•for•m,anco r•oviows wi11 be placed in thea employee's personnel file Arid the employae will be pr-ov ided with a copy of the r•ev i caw. Pr•obationar•y employees will parLicip,ate in an initial gotal--settirig inter-view/r-eview and will be evaluated in at least Lwo subsequent per-for-mance progress reviews before being transitioned to regular employee status. Ther-eafter•, regular- per-for-mance reviews will occur appr•oxim�Ately every six months. A super-visor- may initiate a special. per formanc;e/progress review prior- to an employee's pending pr•omot:ion or• transfer- out of a work unit or, into a new position in the sante work ural. or- whenever- a special review is deemed necessary by the super•vi.sor• in or-der- to encourage cor•r•ective action and improved job per-for-mance by the employee. An enlployee may request a special per•for•mance/pr•ogr-ess review when they have concerns about their- individual attainment of work related goals arid objectives or- other- job performance criteria. In either case, a special review would nor-mally be completed within two weeks of the date it was requested. The complete cycle for, the pr•ogr•ess/performance/merit increase reviews i.s illustrated on the chart which is attached to this document. f The recommendation for a merit or step increase arid/or extension of probation, w or, termination shall be set forth in a personnel action form arid routed to the ,. City Administrator for- approval and then transmitted to the Personnel Manager-. 5 The Personnel Manager shall retain a copy of the personnel action form for the s ® employee's personnel file and shall route a copy to Accounting and a copy to the employee. i — 16 — { INSi If disciplinary action :is needed to upgrade employee performance, the supervisor shall confer with the Personnel Manager• and the Department Head before initiation of such action. If a transfer, promotion, or reclassification is recommended by the supervisor•, the request is processed through the Department Head, Personnel Manager, and City Administrator. If a salary adjustment is requested by the supervisor• and -approved by the City Administrator, the Personnel Manager shall retain a copy for the employee's personnel file and shall route a copy to Accounting and a copy to the employee. r 17 — 1 Administrative Rules and Regulations s i Personnel Administration { Number 2.11 r PAY DATES AND PAYROLL ADVANCES: E The established paydays for• the City ar•e the 5th and 20th of each month. When either falls on a Sat-ur•day, Sunday, or• holiday, paychecks shall be issued on the last previous business day. i Exceptions to paychecks being issued on the 5th and 20th: 1 An employee needing an emer,goncy advance on wages earned shall request such ' advance in writing to his supervisor•, stating the reason for• the emergency request. The request shall be submitted for• review and approval to both the Department Head and City Administrator• before action can be taken. f The emergency advance is limited to 25 percent of the earned regular monthly net pay and normally is limited to one in a six--month period. Approval is at i the sole discretion of the City Administrator•. If an umployoo will be on vacation on payday, a request fur• an advance i paycheck may be made during the pay period precod.ing the pay por•iod for• which the advance is requested. If an employee will be away from his normal work place on the scheduled payday s the employee may request the prepared paycheck in advance of the payday• a however•, advance paychecks shall be issued only after- the payroll for• the period has been complot.ed. t r i t i. i i 3 i Administrative Rules and Regulations Personnel Administration Number- 2.12 ( JOB SHARING: A budgeted position may be shared by more than one individual if, in the City' s judgment, th►e position lends itself to a job share ar•r•angement without decreasing the efficiency of City services or- increasing the net cost of the position to the City. Employee requests to share a position r•equir•e approval by the immediate Supervisor-, Depar•Ln►ent Head, Personnel Manager-, arid the City Administrator. filling of a job share position shall be in accordance with established recruiting and selection pr•ocedur•c.)s. Job sharing arrangements ar-e typically an a half day or- half week basis. Job sharing employees ar-e defined as r•egular• part—time emPloyec+s for the purposes of classification and benefits administration. In Lhe event: an employee who has beam "job sharing" wishes to work Rall—time, he/she sh;call h�+ve i:he sanu� oppor•lunity to apply for- r•eqular• job to convert vacancies as all other• applicanl.s. The City retains Lhe right the position to one filled by a regular full- timF� employee or- r•ecr.uit for. eanother employee job share. The employee remaining in the job shard situation will first be. offered the job on full—t.ime basis (prov.ided performance is satisfactory) before recruiting for- another- employee. 19 — s Administrative Rules and Regulations Personnel Administration Number 2.13 INTERN EMPLOYMENT: The City may place, or contract with other agencies to place, student interns on projects of limited duration for the City. Student intern programs are a vital link in the City's affirmative action efforts and efforts should therefore be made to recruit interns from any of the City's target affirmative action classes. The recruitment and selection process for student interns is as follows: Prospective student interns shall submit a regular• City application form arid/or a full resume prior to being interviewed for any position. The application and/or• resume shall be retained in the City's personnel Files. Selection interviews are conducted in a manner• similar to those used for applicants for other positions in the City. The Supervisor shall assure that: tho student intern possesses the ability to obtain a valid Oregon driver' s license if such a license is needed to perform the required job duties . A personnel record, including the intern's time sheets, shall be kept on file in the Personnel Department to provide information needed for federal, state, and local agency reports. An evaluation of the intern's work performance shall also be mainti.ained in the personnel records of the City . Pre-employment reference checks for student: interns are subject to the same restrictions and conditions as those fur applicants for ,any regular• position in the City. If the student intern is to be compensated for services, a Personnel Action form shall be processed and the intern shall be considered to be a temporary employee. Student interns shall be covered by the City' s general liability and workmen's compensation insurance coverage but shall riot receive nor accrue any other benefits generally received by regular employees. r — 20 — t i s a e; f. ti f r CITY OF TIC PERSONNEL_ POLICIES FOR MANAGEMENT, SUPERVISORY, PROFESSIONAL, AND CONFIDENTIAL EMPLOYL-ES i AS i 9 E a. E 4 } T 5CL k { Y R� t P i i i to set forth the personnel policies applicable The purpose of this manual is to the management, supervisory, professional, and confidential employees of the City of Tigard. The provisions of this manual are applicable to those employees in the following job classifications: Category 1 — City Administrator- Assistant to the City Administrator Community Administrative Assistant Executive Secretary ctor/Assistant: City Administrator Community Services Dire Finance Director Personnel Manager/Special Projects Assistant City Recorder/Support Services Manager Office/Word Processing Manager Accounting Manager Community Development Director City Engineer/Deputy Director — Community Development Public Works Operations Superintendent Engineering Services Manager Building Official Senior Planner Library Director Assistant Librarian Police Chief Police Lieutenant Support Services Division Manager Land Surveyor- Deputy City Recorder Records/Court Manager Category II Wastewater, Park, & Street Crew Chief Associate/Administrative Planner I Associate Planner I.T. Associate t..ibrar•ian Data Specialist Those individuals employed in the positions designated i"� CR trogoryt havion uf bt0 identified as being "Exempt" employees for purposes CF he Federal fair Labor Standards Act, Those individuals employe Nonr�Ex npt�'°F��plcoyc�esE,forr1purposes ofCategory applicatiohave of been identified as being the Federal Fair Labor Standards Act. In the event- that an employee has ertherelanguager� containedto a specific the employmentagreement between themselves and the City, agreement shall always take precedence over any of the provisions contained in this manual. Appointment to Position: The Mayor of the City of Tigard, with the consent of the City Council, exercises appointive and removal power over the offices of the City Administrator, City Attorney, Municipal Judge, City Recorder, and Finance ( Officer. Unless otherwise agreed to in an employment agreement with the l individual filling the position, incumbents appointed to these positions after February 17, 1986, serve atthe pleasure of the Mayor and City 2 Council and can be terminated from their- position without cause (City Ordinance 86--15) . Such employment agreements ar-e binding only upon the appointing City Council and must be renegotiated if a majority of new Council members ar-e elected. The City Administrator-, after consultation with the Mayor, and City c Council, has appointive and removal power- over- all persons serving as Department Heads for- the City. In addition, the City Administrator- has super•visor•y r•espons:ibi1ities over, Lhe City Recorder and the Finance Director. Unless otherwise agreed to in an employment agreement with the individual filling such a position, just cause shall not be required for- removal of Department Heads appointed afLer- February 17, 1986 (City Ordinance 85--15) . Compensation rand Overtime: The City Council, with the r•ecommvndat..ion of Lhe City Administrator-, shall set the salary schedule L be used as Lhe basis for- compensation. Employees shall be paid in accor-d;ance with Lhe established salary schedule which is attached as Appendix A Lo this manual. Newly hired employees shall by comr)onsated at the entry level sill,ar•y for' their' position unless otherwise specifically approved by the City Administrator. The basic salar-y schedule does not. include allowances for authorized tr-avel or- other' oxponses incurred while on approved tr-ips for City busine:cs related matter's or, r)raylllents 111ade to omployoos for' the approved use of personral. vehicles for- City busirioss . City employees may be expoctod or- required to work beyond the normal 40 hour, work week in or-dor- Lo prov ido Lhe ser'vi c os and support necessary Lo conduct and supervise the work programs which have been assigned to them. Overtime for f-l.-SA Non-Exempt Employees: All overtime to be worked requir-os the advance authorization of the employee' s supervisor•. Employees who work over- forty (40) hours in a work week shall be paid at: a rate of one and one-half gimes their- regular hourly pay rate for all hours worked in excess of 40 hours in the work week . Employees may receive compensatory time off (at Lhe r•al:o of one Band one-half hours off for- each overtime hour- worked) as long as the compensatory time is Parried and used in the same 40 hour- work woek . e Overtime for- FLSA Exempt Employees: Department Heads will be allowed to take time off as their, workloads permit on an hour-for-hour like-time basis for hours worked it) t excess of their normal work week. Like-time is not accrued but is granted subject to the approval of the City Administr•at-or, Division Managers and Professional employees will be allowed to accrue compensatory time on an hour-for-hour exchange basis for hours worked in excess of their normal work week. Compensatory time off may be taken as the employee' s workload permits and with the approval of the employee's Department Head. 3 - s Other Supervisory and Confidential employees shall accrue compensatory time at a rate of one and one—half times the number of hours worked in their normal work week. Compensatory time off may ; be taken as permitted by the employee' s assigned workload and with the approval of the employee's Supervisor. Compensatory time may riot be accumulated in excess of 40 hours without the approval of the Department Head and the City j Administrator. Overtime may be paid in lieu of compensatory time if budgeted funds are available and at the discretion of the Department y' Head. Holidays: The City observes the following paid holidays: New Year' s Day January 1 The Birthdate, of Martin Luther King, Jr . Third Monday in January Q President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 L..abor• Day First Monday in Septomber Vet.oran' s Dray November 1 l Thanksgivicig Day t'our•th Thursday in Novombor 0 the r ridgy Aftrr• Thi+nk!;yiving Day Fourth Friday in November Christmas Day December 25 Holiday!, which occur when yin employ00 is absent from work on F approved vacation or sick leave w:i11 be paid as holiday pay arui no om their• ac.cumulatod vacation or- sick deduction steal] bo ma<9r. fr leave time. Vacation Leave: Employoes sht'11 e+ccrue vacation leave according to the following schodule: Years of Service Accrual Rate/Month e 0 to 6 months No monthly <.-accrual — 40 hours credited at. the re rid of the probationary period : 6 months to 1 year- 7 hours/month 1 year to 5th year anniversary 0 hours/month 6 years to 10th year anniversary 9 hours/month 11 years to 15th year anniversary 12 hours/month 16 years to 20th year anniversary 14 hours/month 20 + years 16 hours/month Vacation shall be credited as earned for each month of service or pro—rated for each fractional month, expressed to the half—month of service. 4 — i 11 Ist 111,11, Management and professional employees may receive pay in lieu of one week of vacation leave each fiscal year. The employee must make such request in writing and must request the payment in conjunction f.� with a scheduled week of vacation time off. Upon termination of service for any reason, the employee shall be paid for all earned but unused vacation time accrued. The employee shall also be paid for one-half of an unused floating holiday if the termination occurs during the first six months of the fiscal year, or, for one full day if the termination occurs during the last six months of the fiscal year. Sick t_eave: The purpose of sick leave is to allow continuation of pay wh.ilo an employee is i.11, recuperating from an illness, or to avoid exposing others to an .illness. Regular full-time employees accrue sick leave at the rate of eight hours for- each Pull calendar month they are employed by the City. All r•vgular employees and all probationary employees (,After, 30 days employment:) are a11owcad to use accumulated sick Ioave for nonoccupat.onal disability . Accumulated :;ick leave shall be payable ,.at, the` employee' s regular straight time rate in ,:an amount equal to the time the employee would have normally wor•kod, up to a maximum of ei.giit hours peer day . In the eve>nt: an employee is absent from work because of illness or injury, the employee sheall , within the first half--hour of their scheduled start time, notify the City of their reason for bei4 absent;. Should the employee be unable to call within the first half-hour of thoir• regular work shift due to extreme illness or injury, 1,he City may require a physi.cian' s statement upon the employee' s return to work. The cost of the physician's statement shall be paid by the City in t:he event, the employee's health insurance does not cover, the expense. Employees may use sick leave for an illness in their- family which requires that the employee make arrangements for or taking care of the ill family member. Family members ar•e defined as relatives and/or dependents domiciled in the employee' s household. Variat.i.ons to this policy are to be approved by the City Administrator prior to the authorization of the use of sick leave. l' Whenever an employee receives a reimbursement for worker' s compensation time loss benefits, they shall report in writing to the Finance Director, the amount of the reimbursement and the period covered by the reimbursement. Time lost for injuries covered by worker's compensation will not be charged to the employee' s accumulated sick leave except for the initial three day period required by Oregon law. r.. In cases of disability certified by an employee's personal physician, the City has the right to obtain a second medical opinion to confirm the employee' s limited ability or inability to return to - 5 - work. Such examinations will be performed by a licensed physician of the City's choosing and will be paid for• by the City. The consulting physician shall submit a written report to the City Administrator• who will make all final decisions with r•egar•d to the granting of sick leave benefits. Employees who refuse to submit to a second opinion examination may be ineligible for the use of accumulated sick leave for the particular• disability in question. Salary Continuation/Disability Benefits: In the event an employee is disabled for• an extended period of time due to illness or an off--the•-job injury arid the employee does riot have accumulated sick leave to cover• the absence from work, the employee' s salary shall be continued at the rate of 60 percent of their• regular• salary but riot to exceed $2,000 per month. Salary continuation benefits shall riot be continued beyond sixty calendar days. Compassionate Leave: In the event of a death in the enlployee..'s immediate family the employee may be granted t:.ime off with pray for a period riot to exceed five working days. The Ci Ly Adnlin.istrator• play allow additional paid time off or may recognise tho need for• gr•ant:irig the use of compassionate leave in the event, of the death of a close loved friend of the enlployou. L Civil Leave: Employees shall be granted paid leave for service on a jury or when subpoenaed as a witness in a court procood:ing in which Lyle employee does riot have a personal int:er•est. The employee !shall seek all fees due them for• jury or witness duty arid shall remit said fees due them for• jury or• witness duty and shall r•einit: said fees, except reimbursement for mileage, meals, etc. , to the City. Management: Leave: Employees shall receive paid management leave according to the following schedule: Date of hire through 2-1/2 years 1 day per fiscal year• 6 2-1/2 years plus one day through 4-1/2 years 2 days per fiscal year• 4-1/2 years plus one day 3 days per fiscal year 8. Management leave must be takers by June 30 of each fiscal year and may not accrue into subsequent fiscal years. The leave must be taken in half—day or• full—day increments . The employee will riot be paid for management leave in the event of termination of service for any reason. t` pN Y C tF� 6 3 6 — € Leaves of Absence Without Pay: An employee may be granted a leave of absence without pay for- up to twelve months when the work per-for-mance of the employee's department t wi.11 riot be seriously handicapped by their- absence. Vacancies created by the employee's leave, if filled, will be made by a temporary appointment:. The employee must submit a written request for, approval of the leave of absence to their- Department Head and/or the City Administrator. This written request must establish a reasonable justification for, the 'Pave and the duration of the requested leave. A An employee on an approved leaver of absence without pay may continue coverage of their group health insurance coverage for up to lao calendar- days by paying the premiums for' such manLhly cover-ago to the City. All ut.her benefits and accruals shall be discontinued during leaves of absence without: pay which extend beyond thir-ty calendar- days. Tf the approved 1e,av(> of absence w.ithot t. pay is for, thir-ty calendar- days or- less, vacation .and sick leave iaccr'tairl, son ior•ity, t::ime towar'(;is per-ror-m,Ance eV,aUat..lttns, An(] he,aILh, dont.al , and other' insurance benefits will accrue and/or- corat:int.te without. inLer•r•uption. If the approved leave of absence wi.thiaut, pay is for, more than thirty calendar- days, vacation, sick 1(rave, seniority, and time t:owar•ds per-for-mance review will not: accrue during the leave but. shall begin accruing again when Ole employee r•olur•ns to work without loss of any pr-oviously existing Ioave balances. Hoalth and other insurance benefits will be r•einsLatod aft.or• Lhe employee r•et:ur•ns to work but will be subject to t:he re9ul,ar waiting p(rr•iods est.ah>lished for' now employees. Insurance Borapf i is: Health and Dental Coverage: l Employees have their- choice of the followingi nsurance pr•ogr•ams: �. F Blue Cross Plan II — Premiums are paid by the City Blue Cross Plan IVA - Employee shares in cost of the insurance pr•og r•am Kaiser- Health Program — Employee shares in cost of the insurance program e In addition, employees may be covFr•ed under the Blue Cross Plan II F for dental insurance. The premiums for this program are paid by the City. Employees are eligible for these insurance coverages after being employed by the City for two calendar months, r i 6 s 7 — 'r Long—Term Disability Coverage: After- six months of continuous employment employees are covered by a long—teem disability insurance program which will provide for 60 percent of their base salary up to a limit of $2.,000 per month in the event the employee should be disabled and riot have sick leave, workmen's compensation, or other insurance coverage available to them. The premiums for this coverage are paid by the City. Life Insurance: After two months of continuous employment employees are covered by a $25,000 life insurance policy with provisions for double indemnity and accidental death and/or- dismember•menL. The premiums for Lhis coverage are paid by the City. Employees may, from their first: day of employment, select optional coverage for• themselves Arid their dependents under a $150,000 accidental and/or di.smember•ment insurance policy. Premiums for this coverage are the employee' s expense and are made through payroll deductions. Retirement Programs: ICMA Money Purch;aso Plan: After six months of continuous employment, employees are eligible to participate .in the ICMA 401 (A) Money Purchase Plan. Tho City will contribute 12-1/2 percent: of the employee' s murnLhiy s�clar•y towards this progrom. Social Security: TFie City participate, in the Federal. ;social Security Program (PICA) . Contributions by the City and thea employee as well as benefits provided are in accordance with the rules and regulations provided by t: io Social Socur•iLy Administration. Other Insurance Programs The City participates in and makes premium payments in the name of the employee for both State Unemployment Insurance benefits and worker's compensation insurance coverage. The amount of the premiums paid and the levels of coverage provided are under the jurisdiction of the agencies providing coverage for these programs. The City provides a comprehensive personal liability (er•r•ors and omissions) policy to provide liability coverage for employees excluding the provisions of ORS 30.285 as it relates to malfeasance in office or willful or wanton neglect of duty. Premiums for this coverage is paid by the City. — 8 — MISS Moving Expenses: The City may pay partial or. total moving expenses for newly hired officers, top management personnel, Department Heads, or other key personnel as authorized by the City Administrator or- the City Council. Whon approval, this policy provides for full reimbursement for- expenses over, ' 100 and lass than $5,000 for reasonable moving expanses including: Complete packing and unpac..king of household goods Transportation of household goods Appliance disconnection and reconnection (but riot extensive plumbing or electrical services) Insurance for, the vehicle to transport household possessions Reasonable necessary accessorlal charges (trolls, ferries, hoisting, ot:c , ) the City will not. reimburse the employee for- the following services: Shipment: of dangerous or- illegal itonls Shipment of frozen foods, plot.!; or. livestock, or- bulky item!; including, buI riot: li.mitr.d to, autos, agricultural machinery, boat.!, trarsiar'O ile , ll7ne!i, 5tlads, f.irc wool, building materials, shrubs, or- grand pianos . Expedited servic..a and/or exr.lt.1!:ive use of a moving van Overtime for- loading .-and/or, unloading services Extra labor and/or third party services Cleaning and/or• maid services Storage in transit. Extra pickup or delivery �;pocial olectrl.clal , plumbing, or- carpentry services to disconnect or, connect, Vent, or, install water softeners, air conditioners, wator• heaters, draperies, clothes washers or, dryers, refrigerators, ice makers, etc:. Rail-sub!.titut:ed service", In the case of total payment of moving expenses, the City' s finance Officer will handle all details relating to the expenses associated with the move. In the case of a partial payment., the employee. will submit at least two estimates of the expected costs of the move. The City Council., City Administrator, and/or- Department Head will determine the amount of the moving allowance to be reimbursed by the City. The reimbursement for, moving expenses will be paid to the employee after the move has been completed and appropriate expense statements have been submitted to the City. This procedure applies both to employees who elect to move themselves as to those who contract with a professional moving company. In no event does the City assume any liability for any items lost or damaged during the moving process. Upon acceptance of a moving reimbursement, the employee is required to sign a letter of agreement to repay any moving expense that were originally paid for by the City in the event the employes resigns their employment with the City during the first twelve months of employment. - 9 - Oman Residency Requirements: The City Administrator, other officers, and Department Heads are required to establish and maintain permanent residency within the . boundaries of Clackamas, Multnomah, or Washington Counties in the State of Oregon within nine months following their appointment unless otherwise agreed to in writing by the City Council. Probationary Period of Employment: Newly hired employees shall be subject to a probationary period of employment of six months. During this probationary period of employment employees may be dismissed without cause by the City Administrator or by lige employee's Department Head with the approval of the City Administrator-. Notice of dismissal during the probationary period shall be in writing and shall state the effective date of the dismissal . In cases where tho responsibilities of a position are such that a longer probationary period is necessary to evaluate the employee' s performance, the probationary period of employment may be extended by the City Administrator. All employees being promoted, tr•,ansfer•red, or- reappointed will be subject: to a six--month probation period. During such pr•ob,ation period the employee may be roturned to the former classification which employee held without .any reason or cause being shown. The employee shall riot be dismissed, however, without cauio. During this type of probation period, employees will continue to be considered regular employees, will accrue seniority and are protected by dismissal procedures as other regular employees. Upon successful completion of the probation period, the employee shall be advanced from entry strep rate by five (5) percent within the pay range. sb/1565p/0014p f! — 10 — CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1987 DATE SUBMI17ED: _September 16, 1987 ISSUE/AGENDA TITLE: Library PREVIOUS ACTION: Workroom Shelving 1) PREPARED BY: Irene Ertell, Librarian DEI)T HEAD OK TED BY: Irene Ertell, Librarian _2U_.,-CITY ADMIN 0�1 REQUES POLICY ISSUE 1 . Appropriation contingency funds based on recognition of increased WCCLS dollars in the amount of $23,000. 2. Authorization of single seller under LCRB H10.085. INFORMATION SUMMARY 1 . Revenues from WCCLS over the next two years will be approximately $30,000 more than anticipated. Propose modifying the Library budget for FY 87-88 to allow purchase of shelving system at $23,000. As a Capital '-)LlticAy, there are no multi—year cost implications. The shelving is badly needed to alleviate poor working conditions and improve productivity. 2. Tho Spacesaver installation in the City Records Room has boon -successful . U s i rig the same system in the Library will give the caP'Ab i I i tY to interchange and c.onfiyurt? in various ways, if needed, as well as save money through a combined service contract. This system will increase storage 145 percent and occupy less floor space than present shelving. A review of the original bids on the Records Room show that Spacesaver Specialists are very competitive. ALTERNATIVES CONSIDERED 1. Do not modify Library budget for Capital Outlay exponditury for shelving in FY 87-88. 2. Do riot designate Spacesaver Specialists as single seller, and go to bid, 3. Modify Library budgot for Capital Outlay expenditures for shelving in FY 87-88 . 4. Designate Spacesaver Specialists as single seller, under L.CRB flI0,085. FISCAL. IMPACT 1. Modification of the Library budget will allow for a one—time expenditure. The money is from unanticipated revenue and will riot adversely impact the 5—Year Plan. 2. Designating Spacesaver Specialists as single seller has tangible savings in being compatible with existing City shelving and a shared service contract. SUGGESTED ACTION 1. That Council pass resolution appropriating contingency funds based on recognition of increased WCCLS dollars in the amount of $23,000. 2. That Council authorize purchase of shelving designating Spacesaver Specialists, 10200 SW Nimbus Avenue, Suite G-1, Portland, Oregon 97223. sb/0967D N r MEMORANDUM CITY OF TIGARD, OREGON TIGARD PUBLIC LIBRARY TO: Honorable Mayor and City Council September 16, 1987 FROM: Library Directo�, _ SUBJECT: Library Workroom Shelving The WCCLS revenues were estimated at $200,000 each year in the 5-year plan. Because we were able to reduce central WCCLS costs and thereby increase the reimbursement shares to member libraries, our total allocation will be $215,000 this year and the next. These funds are based on the levy that's just passed; they are firm. They are dedicated to Library purposes. I would like to propose that the Council adopt a modification to the Library Budget this fiscal year that would allow the purchase of workroom shelving at $23,000. This will necessitate a cash advance out of the general fund cash flow to allow this expenditure to occur now. In the past, City Council has encouraged that in these kinds of situations the funds be used for capital outlay rather than programs or staffing services which have multi-year cost implications. The need for the shelving is paramount. This area was held below its space needs (reduced from 1,500 sq. ft. to 1,000 sq. ft.) in the space allocations under the Civic Center plan. It is a very cramped and poor productive space. The limited number of work stations means tight scheduling between volunteers and staff, often resulting in staff not being able to manage their work flow effectively and/or volunteers leaving because of the crowding. The present storage area is insufficient and impossible to keep organized. Many items which should be shelved are kept around the work stations. Things are always getting lost because we don't have a place for everything and everything in its place. This proposed shelving will increase storage area by 145% and yield floor space for at least two more work stations. When planning the workroom the decision was made to use only shelves and furnishings on hand because we weren't sure just how the area would work inasmuch as a workroom would be a new experience for everyone. This was a fortuitous decision because L i the shelving has been moved once; all work stations have been moved at least once; some twice; one work area has undergone three major changes. However, even though we now have it arranged for the best possible work flow, the crowding and insuffi- cient storage remain as impediments to top productivity and utilization of the space. I am proposing as the first step in remedying the problems of the workroom that a Spacesaver shelving system be installed. Attached to this memorandum is a proposal from Spacesaver Specialists for the Library workroom. This is the same company that installed shelving in the City Hall Records Room last year and will be adding to that project this year. low - r MEMORANDUM - September 16, 1987 -- page I am requesting that under LCRB 110.085 that Spacesaver Specialists be designated as the single seller for the Library workroom shelves. First, I believe it is prudent to buy a system which is compatible with the existing city system. This system has proved very satisfactory justifying the addition being made to the Records Room. This system is mobile and should the need arise, the Records Room and the Library Workroom systems could be combined or interchanged in varied ways. The system is also changeable in its configuration. Second, this system allows for usage of nearly all the metal shelving now being used. This represents a savings (at today's price ) of $3,975. Third, I have reviewed the bids submitted for the Records Room shelving last year. Spacesaver's was the lowest bid received from qualified vendors who submitted complete bids. Mr. Rautenkranz has indicated that they have quoted the new Records Room addition at a profit margin reduced 1% from the margin used to compute the bid on the original system last year. In pricing the Library system they have reduced that original com- petitive margin by 1}7. Fourth, a combined service contract with a local source for the two systems should result not only in dollar savings but in better response time as well as quality service. In consideration of the above, should City Council approve the proposal for purchase of Library Workroom shelving, I recommend that City Council designate Spacesaver Specialists, 10200 SW Nimbus Avenue, Suite G-1, Portland, Oregon, 97223 as the single seller under LCRB 1110.085. SPACESAVER SPECtAUSTS high density mobile storage&filing systems 10200 S.W. Nimbus Ave., Suite G-1 Portland, Oregon 97223 July 3, 1987 Phone: (503) 639-1030 Tigard City Hall 13125 S.W. Hall Tigard, OR 97223 Dear City Councilman: It is the desire and expressed intent of Spacesaver Specialists ( located in Tigard) to continue a relationship of competetive cost-effectiveness. In June of this year, you awarded a purchase order to us for additional Spacesaver equipment to complement the existing system in your Records Room. In order to ensure the competetive nature of pricing, that system was quoted at a profit margin reduced It from the margin used to compute our original competetive bid for the first system. In the picing of the Spacesaver system for the Library now before you, we have reduced that original competetive margin by 1 1/28. We also are able to receive two separate orders from you - one for the Spacesaver system per se, and one for the additional Wilson Bookstack shelving needed - to eliminate the concern *for non-bid - purchase limitations. Last February when Mr. Jeans and I discussed this upcoming business, he asked that I "keep my pencil sharp." I have done what I promised, and we have a good design, with tasteful reuse of most existing shelving components. I look forward to the receipt of these orders, and the very satisfactory installation of same. Respectfully submitted, Bud Rautenkranz BR/bb encl. 1, TIGARD CITY LIBRARY/SPACESAVER FACT SHEET * From the original group of competing vendors, only Spacesaver can provide anti-tip at the rail, a feature deemed necessary in this application (see attached product information sheet. ) * Reliability, ease of operation, and cost consideration have led to choice of mechanically-assisted control. * High pressure laminate panels completely enclose the system to provide a clean, partitioned, modularized look. * All existing gray Wilson shelving components on hand have been reused, where applicable. New Wilson components will fit perfectly for homogenous integrity. mum * Spacesaver S/4-MA equipment package •. delivered & installed ( floor covering by owner) $ 13,012.00 * Wilson Bookstack equipment, delivered & installed $ 9 ,754.00 t SPACESAVER S/4 SYSTEM TII' WF 4-te4 t24--. a '-�0' j12' 30 48' 1 1 I 1 \ I 36' I I I i 12' 48' I I I I AISLE 18' 48' I I I I SINK PAW This print is the property or Spacesaver Specialists. It must not be reproduced In any manner, nor shall it be submitted to outside parties for examination with- out our consent. It shall be used only as a means of reference to work designed or furnished by us. CARRIAGE WIDTH DEMENSIONS ARE NOMINAL TIGARD CITY LIBRARY DWN BY JM DATE 1/20187 s.:"` �4.aes ty corer rvnertu SCALE PORTLAND OREGON REVISION 1 T I GARD OREGOSS-1 DATE 2/10/87 5 - 1 q. yy / .. - <y c,. v F•. II�!!I 1 S®R r Off sir i Y her l'Yi.l r� \ 1 ♦ r r 1 ,►�, �?�� j�iii . f1.�Xi; dlv O • <9I r t l.. ,� r Y. k ;� �.. ♦f'fd C. ".. t � ,, � Ct h * Y, fti.;t..:. � ."- }Ys! a .l. ,.,,,r ., ��Y.,- ly l ..i� ,r ..y..L 1 fir.':r , �...w9 _ s:: �,._..... ,.,,, .�.:...:_.�:_."':' S,.y�� .. P .+..-+ray 5 _ .6'`a.��i.✓: tIMIA-/ A Boom x16• SAFETY SWEEP ` ya• i` (oPr1ONAL) O e•x16' 111 e• 2.7116' ANTI•nv/ s•DIA WNCEL ROLLE GUIDE ADO MIN.114' STRUCTURAL—RAIL aFARING GROUT FOR SAFETY FLOOR Operation witW a""Spoke Willie ntovwtxk Umft Snap tb equipped which transmits pOvxr ihrmQh a direct drive to the drive wtxels.One Dor+^d of effort on the handle"I move a miniaam d3.000 IDs.of carriage bad.' -Other starting ellon rates can be provided. 0 0 EXECUTION Installation: Install units in attWrdartCt with nynUtaCturH"S Vryfllen insUrulbns.All tracks to be leveled and an paps betvreen fWor and track b be filled with Quick setting Canard to form a sold base.AN tracks 10 be Secured to sub Door Clean Up: Leave Installation In Drown clean tendltfon,Complete and ready br .use by Owner. PRODUCTS �h��,y'lu ricaled Dau beating 2isserndles• b be harderud.Provide tax(4)rdlet type guide Daring Treclawheels and two(2 10-UP ffWM'A=; P"r track rgffoly at Track"I be a cold drrnn.one:bete»I+durA"T"section the leading edge 0(the Carnage.Guide toners b be adjustable with ann•np 9r00ve'Of 1035 d 2Yr'NO VAih a base 4arg'1 to Insure proper aiignrttenl Of earttage-- of 314'and a to surface Of"/n'lm aitrarnme bw-pro0le Stationery Platform: track to be a minink-Of i'/..•high and /•'wide with a Dace Rod Units at Dia end of asserrlDnes u therms on isle drawings flange Of 2'/•').An track joints is be torque and Voove• to be Of ft sane construction and height as the Urrlages Wily Raised Floor anlered b the track ler a cor:plete horteperleWln spstan. Provide a Y.'strulurwood(urfinfsf>ed•it finished floor Safety Features: GENERAL materlal Is to be used, stnxaurwood may wl(tee Anti•ryovemen t lock FS provided on each tarrlape. Rented work By(XWS for door finish Material) rAi-e F lafxor,mrierWs,equ prtterxt.Special toils.supervision finished floor flush to top d trek.Floor Shaft have Irdepralej Optional lectures include Safety Brake.Safety Sweep and Safety and services repaired b wrlpfetI, Spasesaver(s) specified levdirlg satws mnimum 16'on render.Provide a ranp d Floor. herein and shorn+On ifle dravrings. same rlW it as lfotx at Nord a assinid t Dfy.Rale is rot b Face n e e exposed ends and exposed backs(reler to dravdrgs)to have emend past the ftOnd d the trite kilo the rtuh access aisle. tot,pressure lxrirXe(Lvninrie b to.050 thickness)We Responsibility Or Substitute: X stop be the responsibility d each bidder b OxWntuiredY b be black lnbmvd as fo the nature and extent of the work ren7ucred and its �of r�I installation' tr+istwdbllo�or B y �'�` �e in. p to shelving and end of relation b any other work in ft wwm- manuta=eir b Supply recess d".(See Rattled Werk By plastic"T••nese+ng.Fled ptioiders anels and an Odie ne"Ssmy Related Work By Ottwrs: Others for concrete fin.) carriage.foraProvide rowel. R isned Ifom materttl fol 3M)win be in accordance with the or Sub for a e Fees arwi : room firm so*&*and/or specifications. C�arriage b Ubculsi d W akrlitem odrusionS d Or Substitute Faso Panels 7vagfitatlonsr 6MM1-T6 alley with mato wpponing Muctuy sedimG with An apcised ends and exposed backs(rtW b drawings)b nave The Spastons:shay De lurnisftod and irclatkd only M those . fdgh ryrr�r�p the hm Wont d the bw pressure settlors Daub(color as selected ler atGhleCt = h tete mar"Aadure d Chis type d equipment Send'ion df fi063•Tb Noy Is ken marrtaQ 7rer't siardardtl Core ii'�45 density "Aoe tits h5t 5)years.The entire systan shall De warmtd M aM vraldea Detvreen fTA rtukl support feQbns. particle board.Edges b b6 ittaCt pIa0c ,fr„ .or de*g"f�and/or w rfona>stO fora rl,o b oe:ante mea menitler a hanAas,card tellers and a Baler tlocessarp turdM7e for a p�d ax('11yew kom stator►wceg le- supporting z rNrtirtarn baa d 1.000 a.per Carta9a ien9th �lving: Submittals. W Set s�� Furnish stop.se>lr+g and erecrm drawings•111-utaCfure"s •Foal Pcc6r9• wriflan ctilp required fon kistruclions Obs by ammeoor a: Sctou arid hed weeds lobe a r.'J& n d 5-in darneW(runes rarriape Your AreaContracttx Is: l 'tom tion, Janesville Ave..Ft.Atkinson,W153536.(414)563-5546,TWX 914260}3730 d1 671-0391 Spmmsaver Corpora tion,7027 Fir Tree Drive,Mississauga.Ontario,LSS 1J7 Canada,( 6) Spacesaver Mobile Storage Systems Corpora SC Cep8519�7-86 f.ighl f•.11165 by soocas2"W COIPOI°uOf•Ad rlOnts reserved.Printed In use. a'as MarwladurM under US.Patents No.0.627.085 d bad 3 .1�a a 4.4311-71111and Canadian Patents 1p3J 0�D and 1,176679. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 2-8, 1987 DA-FE SUBMITTED: September, 18, 1987 ISSUE/AGENDA TITLE: Phone System PREVIOUS ACTION: Enhancement Package Report PREPARED PARED BY: Jill hlonley, CS Director DEPT HEAD OK CITY ADMIN OK RE=QUESTED BY: Jill Monley, CS Director _- -__.._........_r__.__...... .__._.__.._.._....._..._._.__.___. OLICY ISSUE Shall $24,878. 12 of the contingency fund be appropriated in order to expand the existing phone system to meet our needs immediately and for two to four years into the future? INFORMATION SUMMARY In a June workshop we discussed phone needs and possible expansion to our system. Several questions were raised at that time which indicated a need for additional data in order to propose an expansion package which would solve riot only our immediate needs but would also carry us through the next few years with anticipated growth. Following is the recommended expansion package which will car~r•y us from a capital investment standpoint through the next two Lo four years in addition to improving the quality and timeliness of phone service to our citizens and staff. TOTAL FOR FY 87--88 1X COSI 1X COST MAINILIVANCE:/ MATERIALS INSTALLATION* SERVICE _ Recommended Expansion Package: _ Cabinet and Materials $ 5,499 .00 415.00 144.00 2 Trunk Cards (8 Additional Linos) 1,300.00 130.00 32 .00 2 single Line Cards (16 Extensions) 1,432 .00 130.00 48 .00 1 Multi--Line Card (8 Extensions) 583 .00 65.00 16.00 Installation of 4 Trunk Lines 260.00 1,952.00 Second Switchboard Console 2,856.00 260.00 112.00 11 Single Line Telephones 660.00 715.00 16.72 2. Multi.--L-ine Telephones 770.00 65.00 16 .00 Library All,orations ---- 70.00 480.00 Music On-Hold 85.00 65.00 PW Yard Bell 45.00 65.00 - Night Bell Alterations --- 65.00 - Repeater (PD Radio) --- 550.00 634.40 Ratepr•o 5,7.04.00 _130.00 -- TOTALS $1q,434.00 $2,993 .00 $3,451 . 12 GRAND TOTAL $2-4-8-72 Attached is a memo from Sherrie Burbank describing each of these items and its rationale. _ ALTERNATIVES CONSIDERED 1. Continue within the existing phone capabilities which requires many incoming callers and staff to receive busy signals and slows down the City's ability to conduct daily business. 2. Expand the system in order to allow installation of additional lines and equipment to handle existing calls and monitor the system over time. FISCAL IMPACT $24,878.12 would need to be appropriated from the contingency fund for- this purpose. This need was identified in Budget Committee discussions; however, the decision was postponed pending additional information. SUGGESTED ACTION Staff recommends proceeding with Alternative #2 and pass contingency resolution. sb/2006W MEMORANDUM CITY OF TIGARD, OREGON TO: Loreen Wilson, City Recorder September 14, 1987 FROM: Sherrie Burbank, Office Services Manager ' SUBJECT: Phone Recommendations As you are aware the last several months have been devoted to gathering statistics and infcrmation in order to make a recommendation to Council regarding our phone system needs. 1 am continually fascinated with our system and feel it is appropriate to ask Council for an expansion .in order to further onhance the system' s capabilities and to provide a more efficient service to the public and staff. You have already received copies of the statistics, survey results, options to consider, and recommendations I prepared. This information was used in preparing the following recommendations. Item 1 : Ejystem Enhancement_ — I recommend the purchase of the expansion package for, system enhancement. This would cost the City 117,476.72. Without the expi+nsion package, we would riot be able to add enough trunk lines (three as recommended by GTE) to meet our everyday call volume. We have received numerous verbal complaints from citizens about the inability to reach City Nall during business hours. In line with this recommendation is the need for a second switchboard console to handle the increase in call volume due to additional lines. GTE suggests a second console when processing 400+ calls per day. As you know from our switchboard statistics we have averaged over 500 calls per day for the last- six months . Item 2: Library Alterations — Statistics were tabulated for the month of July in order to get an accurate assessment of the call volume in the Library. There has been significant concern regarding the processing of calls to the Library both during and after office hours. After working with Irene Ertell, I recommend conversion of the current business line in the Library to a "Direct—In—Lirie" which would bypass the main switchboard. In conjunction with the direct line, the system will be programmed to provide station hunting to predetermined extensions. The Direct—In—Line would allow free flow of calls from other libraries seeking information and also easy access for emergency calls. Statior hunting allows flexibility to Library Staff and an enhancement- in answering more than one call from the public at a given time. The total cost to meet the needs of the Library for the remainder of this fiscal year based on these options is $550.00. It should be noted that I have completed the programming for station (" hunting. It is working very well from the switchboard point of view. I have also touched basis with Irene since this programming change was made and she is pleased with the results. The amount of flexibility on the part of the library staff has been enhanced through this change. Item 3: Music On-Hold - For a minimal one-time cost of $150.00 we can add music on-hold to the system. The coy ': includes purchase of the radio and programming the equipment. It would eliminate the silence when a person is on hold. Providing we select the appropriate station and volume this can be a benefit- to the caller --- it could be utilized as a "relaxer" for. the person on hold. Also, it would prevent people thinking they were disconnected because they don't actually hear the phone ringing. Oftentimes a person will hang up and redial which increases switchboard traffic. Item 4: PW Yard Bell -- I recommend the purchase of a yard bell for the Shops. When employees are working in the yard before office hours it is impossible to hear the phone ringing inside. A ball would allow staff to know whether another assigned staff person was calling to indicate their inability to report to work in an emergency situation or inclement weather. Staff mint have access to this information immediately and cannot spend valuable time sitting in the office waiting for calls when they need to be preparing emergency equipment. Also, it is imperative staff r•eceivo any weather, updates during inclement weather. This would be a one--time cost of 110.00. Item 5: Night Bell Alterations - A one- time cost. of gb`.i�UO is needed to make a program change- for the night bell . We arc* currently receiving many business calls for inspections prior to 9:00 a.m, Repr•ogrammirig would allow one bell to ring at a specific extension to accoss these particular calls and the other bells would ring as they cur-rently du in both Community Services and Community Development. Item 6: Ropeater LPD Radius - A repeater line for Police radios is needed to eliminate "dead spots" in radio coverage which means better officer safety. With the contracting of dispatch services to other jurisdictions, it is imperative that the dispatchers be able to hear the identifying district number which is stated at the beg innirig of transmission. Therefore, it is recommonded that: a one-time installation cost of $558.00 plus a monthly charge of X9.30 be approved to make the requ.ir•ed improvement. Total cost fur the remainder of the fiscal year would b(? $1 , 192.00. Item 7: Ratepro - The5 334.00 cost (including a ane-year- warranty from the date of installation) for this call accounting and recording system would supply system management information which would allow staff to utilize existing equipment and make better quality decisions for future expansion needs. This equipment would allow us the means to provide necessary information to recommend changes which are supported by facts and figures. Not only will it help us with future growth, it will allow us to monitor overall usage of the system, i.e. , long distance calls, duration of calls, time of calls, etc. , and to educate staff as to appropriate calling methods. It would be helpful for staff to have the ability to allocate telephone costs to users in the future. In the meantime, this equipment would assist in identifying cost centers throughout the City. Please see the attached list of reports which are accessible through Ratepro. I contacted a Culver City, California, regarding their usage of similar equipment. This equipment has allowed them to more efficiently monitor usage of their telephone system and has resulted in a 23 percent decrease in their telephone phone bill. In May of 1985, staff- projections for staffing for the fiscal year 1990-91 was anticipated at 130 employees. July 1 of 1985 we were anticipating having 84 FTE. As you know we have experienced- such rapid growth in the last two years that we currently employ 132 employees. Not all of these employees have a telephone instrument on their desk, but access is still required to a certain degree. Since our staff increase is reflective of the citizen needs and community growth, we can expect overall telephone usage to be impacted proportionately. Therefore, we are now in need of enhancing our current system. The above recommendations are intended to meet the City's needs for the remaining fiscal year. Based on the anticipated growth reflected in the 5—Year Financial Plan, this telephone system enhancement should be adequate for two to four years. Some issues which could greatly impact our phone system include: staff needs, E-911 options, annexations, Court Study, and Community Development activities. In conclusion, I recommend a total enhancement package costing $24,878.12, for the remaining eight months of this fiscal year be presented to Council for approval. It should be noted *hat with this additional level of service the ongoing maintenance/service co.-ts will be $5,5Z.4-80 per year at the current GTE rates. 5b/2006W/0002W Recommended Expansion Package (based on remaining 8 months of FY): Item 1 f Cabinet and Materials $ 6,058.00 l 2 Trunk Cards (8 Additional Lines) 1,462.00 2 Single Line Cards (16 Extensions) 1,610.00 1 Multi—Line Card (8 Extensions) 664.00 Installation of 4 Trunk Lines 2,212.00 Second Switchboard Console 3,228.00 11 Single Line Telephones 1,391 .72 2 Multi—Line Telephones 851 .00 $17,476.72 Item 2 Library Alterations 550.00 Item 3 Music On—Hold 150.00 Item 4 PW Yard Bell 110.00 Item 5 Repeater (PD Radio) 1,192.40 Item 6 Night Bell Alterations 65.00 Item 7 Ratopro _ 5,334.00 GRAND TOTAL $24,878. 12 l TOTAL FOR FY 87-88 1X COST 1X COST MAINTENANCE/ MATERIALS INSTALLATIONx SERVICE Recommended Expansion Package: Item 1 Cabinet and Materials $ 5,499.00 .00 144.00 130 2 Trunk Cards (8 Additional Lines) 1,300.00 130.00 32.00 2 Single Line Cards (16 Extensions) 1,432.00 130.00 48.00 1 Multi—Line Card (8 Extensions) 583 .00 65.00 16.00 Installation of 4 Trunk Lines -- 260.00 1,952.00 Second Switchboard Console 2,856.00 260.00 112.00 11 Single Line Telephones 660.00 715.00 16.72 2 Multi—Line Telephones 770.00 65.00 16.00 13, 100.00 2,040.00 2,336.72 Item 2 Library Alterations — 70.00 480.00 Item 3 Music On—Hold 85.00 65.00 -- Item 4 PW Yard Bell45.00 6!3.00 Item 5 Night Bell Alterations -- 65.00 -- Item 6 Repeater (PD Radio) r>58.00 634 .40 f Item 7 ! Ratepro 5,204.00 — 130.00 --- i 4 GRAND TOTALS $18,434.00 $2,993 .00 $3,451 . 12. Instillation casts may be reduced by consolidating the initial work. It is i difficult to estimate the exact savings; therefore, I allocated money to reflect the installation charges as established by GTE. ONGOING MAINTENANCE/SERVICE COSTS FOR FUTURE FY'S BASED ON GTE COSTS MONTHLY CHARGE YEARLY CHARGE Item 1 Cabinet and Mate-ials 18.00 216.00 2 Trunk Cards (8 Additional Lines) 4.00 48.00 2 Single Line Cards (16 Extensions) 6.00 72.00 1 Multi-Line Card (8 Extensions) 2.00 24.00 Installation of 4 Trunk Lines 2.44.00 2,928.00 Second Switchboard Console 14.00 168 .00 11 Single Line Telephones 2. 10 25.20 2 Multi-Line Telephones _ 2.0_0 24.0_0 $292.-10 $3,505.20 Item 2 Library Alterations 60.00 720.00 Item 3 Music On-Hold -- Item 4 PW Yard Bell Item 5 Night: Ball Alterations - Item 6 Repeater (PD Radio) 79.30 951 .60 Item 7 Ratepro 29.00 348.00 GRAND TOTAL $460.40 $5,524.80 s sb/2006W/OOOLW i E i fi Y s r r i S i t REPORTS ACCESS1BL.E: THROUGH RATE.PRO f. 1 . Detail Report t This report displays data on all telephone calls including: Extension number- Call type — Incoming/Outgo irig/Long Distance Date — Month and day Length — Durations in minutes to the tenth Cost Time -- At the beginning of the call Number called Destination by state abbreviation 2. Station Summary Report This report displays data for- all stations during specific reporting periods. It will give average call length and costs fur particular stations riot a combined report as detailed in 111 . 3 . Department Summary Repor•L This report is similar' to H2 above except the data is programmed by department rather than station. This informat:iun could be used in the future for ch ergo back pur-pu:es . 4. System Summary Report This report: is used by the System Operator to monitor- the daily usage of the system. The information provided is similar- to the informat.iun in Ill above with the exception that it provides totals only. There would bre a benefit to monitoring the information daily so that usage concern can be addressed in a more efficient manner. 5. Call Type Summary Report This is a breakdown of the specific types of calls made during a reporting period. The reporting periods can be established by the System Operator. This would allow the Operator to determine the most cost effective means for long distance calls which could result in researching different long distance carriers . 6. Trunk Summary Report This report assist in determining the total usage per trunk and if any trunks are out of service. This particular report would aid us in determining our future needs as they pertain to incoming and outgoing lines. In order to track long distance calls at the current time, it must be done by manually reviewing the monthly telephone bill. This is very time consuming. In fact I would estimate 16.5 hours is currently being devoted on a monthly basis in order to do an efficient job to collect data. The Ratepro can collect this data more efficiently and in a reporting format that would cut the necessary time by at least one—third if not one—half. sb/2006W/0002W INCOMING PHONE CALL BREAKDOWN 7/1/87 — 7/31/87 Average # Average It 7 of Call Division Calls/Week Calls/Day Volume City Administration 83 17 3 .8 CD Administration 100 2.0 4.5 Building 362 69 15.7 (A) Engineering 2.2.3 43 9.8 Planning 324 62 14 .2 (A) PW Operations 2.19 44 9.9 CAS Administration 97 19 4.4 Finance 211 43 9.6 Court 1f,3 244 6.6 City Recorder/Recnr•ds/Office Services 68 13 3 .0 Police 103 30 4 .'i (B) Libr•ar•y 188 38 8.5 (C) Miscellaneous 122 25 5.�> NOTES: (A) The heaviest ovE-- .411 usage of the phone system for- incoming coal is can be attributed to Community Development especially Building and Planning. } (B) Although the Police Department has direct lines, the switchboard still receives a large number of calls to be extended. This is primarily due to the fact that the switchboard receives the overflow from dispatch. 'r (C) Library calls appear to be heaviest on Mondays especially r•c+yuesting information regarding library hours. These calls are usually referred to the Message Center. ` i Statistics indicate the City receives the largest number of calls or, Mondays and Tuesdays. In addition, we have seen a trend during the last six months f indicating the second half of each month exceeds 600+ calls per day on aq average. f. 's sb/2006W/0002W 4 MEMORANDUM CITY OF TIGARD, OREGON T0: Sherrie Burbank August 27, 1987 FROM: Don Palmer SUBJECT: Phone Study The Accounting Department finished the phone study that you asked for. Even though you asked for only the long distance phone costs, it was easy to gather our fixed costs. 1'he following table shows the total charges as well as the long distance charges for the past 6 months. TOTAL LONG AT&T BALANCE MONTH CHARGES DISTANCE 259.60 484.02 553. 15 February 1.296.77 March 1,300.03 572.84 372.64 354.55 330.50 727. 19 665.81 April 1,723.50 may 1,665.67 646.56 295.92 723. 19 1,670.48 647.01 345.28 678. 19 June July 1,742.99 681.69 346.51 714.79 TOTAL 9,399.44 3,767.06 1,950.45 3,681 .93 The average long distance phone cart? is $952.92 per month. Thanks . bill cs/0721D C MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor arid City Council September 18, 1987 FROM: Bob Jean, City Administrator SUBJECT: City Administrator Annual Per•formanco Review State Law allows the Council to review the City Administrator's performance in Executive Session if the criterion for that review have been adopted in a public meeting open to an opportunity for public comment prior to the review. Attached is the review form and the goals set at the last review for this review period. We also discussed modifying tho review procedure for future evaluations . Council members indicated that they would forward me copies or ,uggostions for, modifying our review. I have riot received any comment from any Council member in this regard. I have gathered some information from around the State on what other cities do, and I will forward that to you with the actual packet of review materials when we set a date. RECOMMENDATION: It is recommended that Council. move to approve the attached Performance Review form for use at the March—August period evaluation. sb/09G8D MANAGEMENT AND PROFESSIONAL EMPLOYEE PERFORMANCE REVIEW EMPLOYEE Bob Jean DATE POSITION City Administrator REVIEW PERIOD March-August 1987 DEPARTMENT City Administration LAST REVIEW March 9, 1987 REVIEWER City Council CURRENT SALARY $4,291/mo. 51,500 yr. TYPE OF REVIEW: GOAL SETTING PROBATION PROGRESS PERFORMANCE XX 1. MAJOR GOALS/PROJECTS FROM LAST REVIEW: COMPLETION %: (0-55% Little or No Significant Progress..56-75% Some Progress, Most Yet To Go. 76-85% Satisfactory..86-95% Good Goal Achievement..96-100% Exceeded Expectations) o Work programs o Performance Indicators o Productivity and team building o Pernonnel Rules o Computer Master Plan o Metzger Services o Labor ?Negotiations o Support Council - Intergovernmental Relations o Public Facilities Planning/CIP — n Community Information/Involvement o Transportntlon Program Planning _ 0 Support City Center Task Force o 5-Year Plan Update o Civic Center Close-Out and Report o Municipal Services Policy o Annexation Policy 2. ESTABLISHED PERFORMANCE DIMENSIONS: (Circle) Needs OK or Exceeds Improvement Satisfactory Expectations X ) ( + ) o Oral communications - X + 0 Written communications - X + o Leadership/initfativr+ - X + o Problem solving/decision making _ X + o Innovation/ingenuity/creativity X + o Planning/organizing, - X + X + 0 Interpersonal sensitivity o Management control - X + ' o Adaptability/flexibility/stress tolerance - X + o Resource utilization/economy/cost control - X + o Teamwork./meeting, participation - X + o Community relations - X + _ X + 0 _ X + _ 0 NOTES ON STRENGTHS AND WEAKNESSES: KEWt ------------------------FOR OFFICE USE ONLY f r EPR COMPLETED PAF COMPLETED NEXT REVIEW C. S. & G. DATE EPR RET DATE PAF PIF E DATE EPR PIF SIGNATURE i 11111 pill jwmj�� RI 121 3. EMPLOYEE TRAINING/SELF DEVELOPMENT -- LAST REVIEW PERIOD: o Oregon ICMA Training Workshop 0 E o j o o j 4. EMPLOYEE TRAINING/PLANS FOR IMPROVEMENT -- NEXT REVIEW PERIOD: [ o ICMA Conference i o League of Oregon Cities Conference , 0 o o 5. MAJOR GOALS/PROJECTS FOR NEXT REVIEW PERIOD: 0 0 o { 1 o 0 i o i t O 0 O O t O 0 0 0 0 o 0 1 o !I t 6. SUPERVISOR'S HELP NEEDED: 0 [ o o [ 0 0 0 7. r,ENERAY, COMMENTS (EMPLOYEE OR SUPERVISOR): REM C 8. ACTION RECOMMENDED: (X, t, Effective Date...) RRf.RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR * ACTION APPROVED: * R NEXT REVIEW DATE: * [ ] AS RECOMMENDED R (PrOpress or Performance?) R RECEIVE AND FILE EMPLOYEE (signature/Date) t R REVIEWER (Signature Date) * R / * APPROVED BY CITY ADMINISTRATOR DEPT. HEAD OK Signature Date * (Signature/Date) * ab/0968D Ty OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 1987 AGENDA OF: DATE SUBMITQ-*0: September 4, ISSUE/AGENDA TITLE: 9-1-1 Fund.. PREVIOUS ACTION: Allocation -;t,IdY- PREPARED BY: David Lehr' REQUES(ED BY: David Lehr* HPI HEAD OK ��TTY ADMIN OK .......... POLICY ISSUE Whether the provision of 911 ser-vices by the Tualatin Fire Protection District to the City of T'igz-xr-d is a contractual arr.Angertiont whereby the City - t' 0 f service basis or- whether the payment: of 9--1-1 pays 9-1--1 dollars on a c'os dollars to the Tire Distr,icL by the City is an entitlement not governed by contract. ...............____............ 1N_F_QR.MLT_LQN SUMMARY On July 27, 1907, the Council directed staff to doter-mino the cost Of 911 services provided to the City of Tigard by the Tualatin Fire Dist'r'ict -jrid to determine what portion Of Clt,'") collected and disLr,ibutod 9 1,. 1 dollars ligar-d should forward to the Fire Dist'r-i c t. The Council furl her' dir-octod staff to enter- into di,icussions with thL1 Fir-(� Distr-ict. in an offcr•L to I%Ako th0l"L' deter'minat ions and ar'r'ive at a fair' rind (.,quil.(Ablo formula for- payment: of the that determination and ayt�vo Lo a paymentf funds. If w(� wor-o unable to 111,A0 formula, the staff was dir.oct'()d to (;ommission a study to detthp 1.7ermine i r-o Districts costs Of 9_1_ 1 and what: por-t:j or, of those costs shauld be borne by the agencies receiving 9.4-1 ser•vice. Staff had a pr'eliminar'y discussion mooting with Fire District. staff on August 6. 1987 and scheduled t:wo follow-.-dip-up meetings for- September' 3 And District has cancelled both those mootings. September 0, 1987. The Fire s since cianc . At this time, Staff f"019 ghat to good faith effort had been made to discuss and negotiate this issue with the Fire District. Given the lack of progr-v5s, we now believe that it: is appropriate to do the stt.l(jy with an outside auditing firm. We have begun the pr-ocoss to do so. The question of continued distribution of funds is still at issue. The City will receive approximately $72,000 in State distributed 9 11 funds in FY 87-89 paid on a quarterly basis. The first quarterly distribution is scheduled for- October, 1987 . The Staff is seeking Council direction on what is to be done with the funds until the study is complete. EMMA ALTERNATIVES CONSIDERED 1 . Retain 9--1-1 State . collected and distributed funds until the study is completed and the issue resolved. 2. Distribute to the Fire District quarterly payments equal to 15.56 percent of the Fire District 9-1-1 budget until the study is complete and the issue resolved. Effilm NINE 3. Payment of all 9-1-1 funds to the Fire. District with the understanding that the City shall have a claim on money distributed if it is determined by the study that 100 Percent payment is riot appropriate. FISCAL IMPACT *1. Savings of approximately $72,000 this FY *-2. Savings of approximately $46,000 this FY *3. Payment of approximately $72,000 this FY All alternatives will be effected by the study SUGGESTED ACTION Staff recommends Alternative 01 . cu/0813D � - r7 t CITY F y September 28, 1987 ®RMON 25 Years of Service 1961-1986 Floyd Pittard Fire Chief Tualatin Fire District PO Box 127 Tualatin, OR 97062 Dear Chief Pittard On July 31, 1987, the Tigard City Council directed the Tigard Police Department staff to commence action to determine what portion of State 9-1-1 collected and distributed telephone taxes should most appropriately be paid by the City to the Fire District for basic 9-1-1 services. The Council authorized the staff to employ an independent auditing firm to conduct a study to determine what the cost of 9-1-1 service is and what portion of those costs should be paid by the City. The Council further directed the staff to enter into discussion with the Fire District and other cities receiving 9-1-1 services to see if a determination of these issues could be negotiated. To date, we have been able to hold only one joint meeting. T-7o other meetings have been canceled by the District. Further attempts to schedule meeting times will not serve the cities time table for resolution of the issue. We, therefore, intend to commission a study by an outside auditing firm. We would welcome the Fire Districts participation in this study. It is the intent of the City of Tigard that those governmental entities that share in the cost of the study would convene to define the scope and parameters of the study and receive the report of the auditing firm. The City has received cost estimates for a study from Cooper-Lybrand and Government Financial Services, Inc. that range from $3,500 to $8,000. We would anticipate the study costs to be nearer the 0,000 end. We would anticipate participating agencies to share costs on the following schedule, not to exceed: City of Tigard 3,000 City of Tualatin 2,000 Tualatin Fire District 2,000 City of Ring City 500 City of Sherwood 500 8,000 13125 SW Hall Blvd,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4`171 ti Letter to Pittard Page 2 September 28, 1987 The general scope of the study would be to determine the base cost of providing fire dispatching, the marginal additional cost of providing primary PSAP basic 9-1-1 service and the cities share of those costs based on useage, population or some other factor. The City of Tigard welcomes the Fire District's participation in this study and hopes to hear your response by October 12, 1987 regarding your intent to participate. Sincerely, David C. Lehr Chief of Police cs/1093D i i f 1 i `r f i I i i� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGE=NDA or: September 28 1987 DATE: SUBMI-FTED: S�tember 18, 1987 ISSUE/AGENDA TITLE: _ PREVIOUS ACTION: Discussion in Streetlight Polic _ April, 1987 PREPARED BY: William A. Monahan DEPT HEAD OK ?s',"IC:ITY ADMIN OK REQUESTED BY: _ LICY ISSUE Whet, is the City policy on providing new streetlights to the City system? INFORMATION SUMMARY T'heattached memo outlines the City polic=y for accepting new streetlights into the City system. Existing nei.ghhor•hoods now without streetlights wishing to become part of t=he system, would be responsible For- the initial capital cost whilethe Ci Ly will pay formaintenance and energy. Staff will collect additional dicta for- Council consideration in early 1988. ALTE'RNAf1VE:; CONIDE.RC.D i 1 . Accept the pr•()posed Policy, 2. Modify the policy. 3. Take no action. FISCAL. IMPACT i i i '— SUGGESTED ACTION Staff suggests that the Council accept the proposed policy. The staff will / perform further- evaluatior. and return with additional data at a later date. t br/0956D MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council September 17, 1987 FROM: William A. Monahan, Director, Community Development SUBJECT: Streetlighting Policy Last April 1 presented to Council a number of issues related to strootlight policy. At Lhe time we were quesLioning how Lhe City should allocate funds to neighborhoods requesting sLreetlight:s. Given the knowledge that funds for streetlights are limited and may become more scarce, t:he City needs a priority system to apply. I am sugc:iestind the following policy : 1 . me City will pay for t:he maintenances and energy supplied to all City streetlights which are acceptable to l igard arid PGE-. as pare; of our• street and highway lighting program. Included in the system will be assumption by the City of costs associated with str•eetlight.ing districts within areas annexed to the City. 2. Excluded from at.ttometic absorption by the City ary individual lights which wore requested from PGF by private :individuals who have agreed to pay for energy costs themselves . Such lights will be evaluated by the palm City on an individual basis . Strootlights of this type which function as part of the stroetlighLing system, as determined by the City, can be accepted by the City. Those lights which do riot serve a public Purpose, but instead ar•e for, the benefit. of a pr•ivaLe property owner, will riot, become part of the City system. Costs of energizing remain with the consumer. 3. The City will evaluate Lhe need for additional. streetlights along roadways and at intersections. As funds permit, streetlights will be provided to correct deficiencies in corridor lighting. Priority will be given first to correcting deficiencies at intersections and along arterials and collector roads. Next: priority will be given to corridor needs on local roads. 4. Neighborhoods which do riot have adequate lighting will. be evaluated with City action guided by the following: A. Where streetlights exist in a neighborhood as part of the City system, but additional service is needed, the City will consider adding new lights to upgrade the neighborhood system to City standards, funds permitting. The capital cost will be paid by the City in addition to maintenance and energy. i Mill B When a neighborhood does riot have City streetlights, the City will assume responsibility for- maintenance and energy costs only if the property owners collectively request, by petition, that the City request that PGE install a complete lighting system, to City standard, with the capital cost of the poles and luminaires being borne by the neighborhood. The poles arid lights must be dedicated to the City prior to the City assuming the costs of maintenance and energy. The rationale behind this position is the City's long standing Policy that developers are responsible for- all costs related to the impact of their- development. Subdivisions which have no streetlights were developed either- in the City before the existing policy was adopted in 1969 or- in the County, The developer of the subdivisions was riot required to provide streetlights, therefore the cost was not passed on to the consumer. 5. Where new residential development occurs, the developer, is responsible for- bearing the cost of installing poles and luminaires U.-) sorve the area which he develops . The developer, also must deposit funds with the City sufficient to cover the cost of maintenance and enor•gi.zing such lighting faci.lit.ieas f(.)r• two ye,ar's (Section 3 .08.010 of the TMC, copy attached) . In summary, the Cit,y is r•(;sponsible for the cost of energizing the City streetlighting system. Any additions to the system will ho accepted only if tho City a ; ;url ; owrletsllip for- the poles arid luminair-es. Responsibility for the cost of the polos and luminaires rests with the developer, or-, in the case of existing neighborhoods which request new lights, with property owners, The City policy stated above will guide us as we evaluato e.dding str-ootl ights and str-eetlight districts to our, systell), Over* the next several months, the staff will review the other- elements of the system. We intend to evaluate the costs of the system and determine if changes should be made in (1) the City's ownership policy, (2) the type of luminaires used, (3) the type of poles required in new developments, and (4) the City' s position on under-grounding utilities. An analysis of costs will riot be valuable without consider-ing tho purpose of having a streetlight system. Therefore, the affect of streetlighting on traffic safety, security and crime prevention, pr•oper•ty values, and aesthetics will be considered. Our recommendation will also contain alternatives which will assist the Council in determining where streetlights ar-e needed in both a high and low level of service. Completion of this portion of the study is tentatively scheduled for- January or February. br/0956D td' 8 3.08.010--3.08.020 ` ! the budget document. The total amill of all petty cash accounts shall be set forth in the , e schedule. (Ord. 67-71 §6 , 1967) . Chapter 3.08 SUBDIVISION LIGHTING TRUST FUND Sections : 3.08 .010 Deposit--To be made by subdivider. 3.08 .020 Established. 3.08.030 Deposit--Source of expenditures . 3.08.040 Replenishment and refund provisions . 3.08 .010 Deposit--To be made by subdivider. In order to defray the actual. costs of electrical energy and mainte- nance of street lighting facilities installed incident to the development of new residential subdivisions in the city and to assure the availability of funds therefor, each owner, subdivider, developer or other party required by Title 17 to install street lighting facilities in new subdivisions , shall pay to the city -recorder at the time of approval of the sub- division plat by the planning commission for recording , a sir-- estimated by the planning^'commission to be sufficient to ce*,•(,:, the cost of maintenance and energizing of such lighting facilities for the period beginning with the date that any such lighting facilities are energized and ending twenty- four calendar months later. (O--d. 69-73 §1 , 1969) . 3.08. 020 Established. There is established a special trust account on the city s records to be entitled "subdivi- sion lighting trust fund" which shall be credited with all deposits of funds received pursuant to Section 3.08.010 , individually identified as to each subdivision and contribu- tor. The city recorder shall further cause to have the funds deposited in an entrusted account at an authorized banking institution within the city and to keep and maintain the account for the purposes defined herein. The accounting procedures with respect to the entrustt-,�: funds shall conform to those usual and customary as estab- lished for the city' s regular accounts. In connection with preparation of annual budget e:=t. i- mates for the city, the provisions of ORS Section 29.3 . 3611 ) and all other applicable provisions of ORS Sections 204 . 305 { et seq. (Local Budget Law) shall be followed. (Ord. 61"-73 §2 , 1969) . 38 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1987 DATE SUBMITTED: September 21, 1987 _ f ISSUE/AGENDA TITLE: Computer'...._ PREVIOUS ACTION: N/A Systems Mana'er Position --- pREPARED BY: Wayne Lowry Firi.irice Dir. DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Bob Jear City Admin. POLICY ISSUE The position of Computer Systems Manager was riot included in the 1987-88 Adopted Budget. in order' to fill such a position, Council approval is needed. In addition, Council must direct by resolution that contingency be appropriated to fund the newly approved position. INFORMATION SUMMARY The implementation of the Computer Master Plan as it relates to the computer system purchased in June 1986 has fallen behind schedule due to the lack of staff time to coordinate and manage the plan. The need for a position Lo coordinate, manage, and develop the City"; C:ompui:`r' Mast cer' Plan has bocomo evident. We havr� through several mrrmbers of the CompuLer's yr-oup dovicelopod a job description fur, a11(..omputor Systems Manager and ,are proparod to brgln Lhe selection process upon approval of City Council . (See attached job description. ) This position will be at management bevel with salary r'iange of $27, 12.0—$34,800 peer year. The position would be fill%rd by January 1 , 1988 . The following funds would bo necesst:ar•y to fund the position out of the Finance Division for half a year. Salary and bensefits $18,750 Materials and services /50 Recruitment and hiring costs 5,000 Capital Outlay _3,000 TOTAL. $27,1300 AL.TERNAITVES CONSIDERED 1 . Approve the position requested and adopt resolution to provide funding. 2. Disapprove the position. FISCAL IMPACT 1. General Fund Contingency will be reduced by $2.7,500 and appropriation in the Finance Division increased by $27,500. SUGGESTED ACTION 1. Staff recommends approval of the position and related contingencies appropriations. sb/1573p COMPUTER SYSTEMS MANAGER GENERAL STATEMENT OF DUTIES: Manages the City' s computer hardware and sm software systems and contracts; trains staff- in all departments on implementing computer systems; manages the City's Computer Master Plan; and develops new systems applications. SUPERVISION RECEIVED: Works under- the general direction of the City Administrator or Community Services Director for adherence to established policies and efficient and effective completion or responsibilities. EXAMPLES OF PRINCIPLE DUTIES: 1. Manages the City's hardware, software, and service bureau contracts, acting as liaison between all City departments and their computer systems needs; 2. Maintains and administers implementation and budgeting for, the City--wide Computer Master Plan; coordinates short--term and long-term planning and systems development; maintains City-wide computer' systems oper-ating policies and guidelines. 3. Trains and supports departmental staff in use and applir..ations of computer systems; acts as facilitator in computer systoms related productivity programs. A. Provides computer progranuni.rig and technical. assistance to department operating personnel and systems users as needed in addition to City software vendors and service bureau providers. 5. Advises City administrator and City Council of computer systems applications; intergovernmental systems coordination, and recommends City positions on effective, cost--benefit computer systems uses; maintains a current, stage-of--the-art awareness of computer systems and programs applications and technology as applied to City operations and services. DESIRABLE UAL.IFICATIONS: Knowledge Of: Thorough knowledge of municipal computer- systems or- related financial and engineering systems. Considerable knowledge of current hardware and software technology and programming applications, municipal organization, and management principles. Knowledge of mini--main frame and satellite microcomputer network (knowledge of Burroughs/Unisys 81955 and B20 series microcomputers preferred) . Some knowledge of programming languages including Basic and Cobol, and familiarity with engineering and surveying computer systems (Hewlett Packart Series 300) . Ability To: Manage, coordinate, and develop City-wide computer systems for finance and Accounting, budgeting, Police, mapping, engineering, fleet management, etc. Analyze and evaluate data, formulate proposals, work independently and implement computer systems plans, meet with department heads, user groups and other officials, and express ideas effectively orally and in writing. COMPUTER SYSTEMS MANAGER { PAGE TWO Skill In, Programming, hardware and software analysis, systems design and functional application, both oral and written communication, and guidance and direction of computer master plan. EXPER7:ENCE FEND TRAINING: Bachelor's degree in Computer Science or closely related field and five years of computer systems and data processing experience of which three years must have been in systems analysis, development, or liaison activities. Some supervisory experience preferred; or any satisfactory equivalent combination of experience, education, and training as determined by the hiring authority. Possession of or ability to obtain a valid driver' s license. sb/1573p CITY OF TIGARD, OREGON RESOLUTION NO. 87— ` A RESOLUTION APPROPRIATING CONTINGENCY FOR COMPUTER SYSTEMS MANAGER. WHEREAS, the City Council as determined the need to continue the implementation and development of the Computer• Master plan; and WHEREAS, a vital role necessary in continuation of the Computer Master Plan is the position of Computer Systems Manager to coordinate, manage, and develop computer systems; and WHEREAS, the position's job description and job duties has been approved by Council. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The position of Computer Systems Manager is hereby author•izod. Section 2: Contingency is to be appropriated as follows : General Fund Adopted Transfer Revised IBM Community Services $3, 151 ,861 $27,500 $3, 174,361 Contingency $1, 165,807 $27,500 $1, 138,307 PASSED: This day of 1987. Mayor• - City of Tigard ATTEST: City Recorder — City of Tigard sb/1573p RESOLUTION NO. 87— Page 1 C i t MEMORANDUM CITY OF TIGARD, OREGON 10: Bob Jean, City Administrator September 21, 1987 FROM: Wayne Lowry, Finance Director SUBJECT: 1987-88 General Fund Contingency The following schedule indicates the current status of the General Fund Contingency. The estimated column takes into account the WCCL.S Revenue increase and year end underexpenditures and carryovers. General Fund Contingency Approved Estimated 1987--88 Operations $ 2.13,807 $ 331,412 5-Year Plan Reserve 1,000 000 1000,000 Total $1,213,807 $1,331,412 1987--88 Operating Contingency $ 213,807 $ 331,412 1986-87 Expenditures Carried Over to 1987--88 <90,000> Current Contingency Appropriate Requests: Library Shelving <23,000> Phone System <25,000> Computer Systems Manager <27,500> TOTAL OPERATING CONTINGENCY $ 165,912 sb/1002.D L� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1987 _ _ DATE~SU3MITTED: Septmber 18, 1987 ISSUE/AGENDA TITLE: Dartmouth y PREVIOUS ACTION: VC. Street LID Heari.ny _ PREPARED BY: Randall R. Woole DEPT HEAD OKl > , '1 CITY ADMIN 01( T REQUESTED BY: Ot..ICY ISSUE Continuation of the hearing on Dartmouth Strout Local Improvement- District No. 40. INFORMA'T:ION SUMMARY On August 10th the Council held it heraring to receive commonts on the Dartmouth Street LID. The hearing was contin,.jk�d to Soptember• 28th to allow Council gime to consider- the written testimony roc..eived . Attached is staff response Lo eng:i.neor•irig issues raised at the August 10th hearing. The Cit iy Attorney' s commonts on loytil issues will bo available prior- to the September 28th mooting. ALTERNA_TI.VI-, CONL IDEltt.h) 1 . Proceed with Lhe project arid direct the Community Development Dir•octor• to (1) Have the final plans and specifications prepared, and (2) As necessary, to cure any defectis in the prrl iminor•y vrigineer-' s report, to delete any portions of that report: which have boon declared void or diet aside for any r'oason, and to mako any nocessar•y additions to that: report. 2. Hold the project in aboyance for furLhor• study or other-wise. 3. Terminate the project. FISCAL_ IMP4CT "~ SUGGESTED ACTION City Engineer recommends that the Council proceed with the project as outlined in Alternative #1. br/0960D i F. f t a 6 f C11YOFT11FARW 1 OREGON f 25 Years of Service g September 17, 1987 1961-1986 NOTICE OF PUBLIC HEARING The Tigard City Council has requested and received the oral and written r h Street Local Improvement testimony of the parties interested in the Dartmout pt No. G0. At its meeting on Seember 28, 1987, at 7:30 P.M. , the City District { Council will determine the action that it will take on this local improvement mthe district. Possible decisions include: Proceed with the project; project in abeyance; or, Terminate the project. r. �j 7�//S 001,ee6 5 ✓�� -/0 br/0955D 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 MEMORANDUM CITY OF TIGARD, OREGON 10; Honorable Mayor arid Council September. 1E2, 1987 ,- F-ROM; Randall R. Wuolc±y, City l.ngineer• ��CC, SUBJLCT : Dartmuu1h Street LLD On August 1.0, 1987, t:he City Council hVicl ap.lbl is hear ing on the Dart.ntouth 4;trcret Local Improvement District, A1, that hear•inq, Attor•noys represont incl t.hr. Martin t'aniiIy prov.i.cled oral testimony grid two volumes of written t:est:.imony.. This 111,`1110 ly in response to erx,3ineer•irig issuos raised in he } Martins' testimony . Ili st�orJ mprehc n;;ivc, plan which inr]t.lded In 1903,. i:he City adopted a cu <a t roans{Jural..ton i me+p. l'ho transpur•t;atiun mar) calls fur• a st:rool. cunnoct' ,rt bei:wec�n Lhe il�aines int:erchangv of Interstate 5 and Pacific Hi911w<ay (99W) Itc ,ar' 7(lth Avernlc In 1984, the Dartmouth 1_1.1) was created for the purpose of constr•uctirig thtt str•ret: connection in acc.or•danco with the Comprehc?rl5ive Plan. In 1985, a traffic engineering study was commissiartc,d by the Margins , That: study raised questions .about tho adequacy of the City's Comprehensive Plan study r-ai-. (,d Map. As a rasult, the Ore(jun Department: of Tr-ansportation (ODOT) requested that, the City provide additional traffic engineering analyses to show that: Lho comprehensive plan transportation ntap provided adequate internal circulation within the Tigard Triangle and that the resulting traffic, would not overload the adjoining State highways. In late 1985, the City retained Associated Transportation Engineering arid Planning, Inc. (ATEP) to prepare the traffic engineering report as requested by ODOT. The ATEP study was closely coordinai:ed with ODOT. ODOT and the Metropolitan Service District provided regional transportation arid traffic analysis which were adopted into the ATEP report. In addition, the Margins and their traffic engineer provided a great deal of input regarding various assumptions used in preparing the ATEP report; this data was considered by ATEP and ODOT. The ATEP report concludes that: the existing comprehensive plan does provide a street system adequate to accommodate the traffic volumes which we can expect from development of trie Triangle in accordance with the comprehensive plan. The report does, however, recommend Lhat an additional roadway access to the Triangle be created. The report recommends that determination of the appropriate route for this additional access be coordinated with studies being conducted by ODOT regarding interchange improvements on Highway 217. Page 1 We have been coordinating with ODOT to implement the study of additional access to the Triangle. Otlr• (i:iscussions with ODOT have indicated that ODOT does riot oppose the proposed Dartmouth L..ID project. ATEP Report The primary p(ir•pose of Lhe ATEP r•epor•L was to identify roadway improvements which will be required within the Tigar-d Tr-iangle as devolopment occurs . The report defines the ultinlat:e roadway widths and intersection inlpr•ovements which will be required. In addition, Ole r•epor•t idontifies possible staging of improvements, assunl.ind that development: will occur over- a number of year's. In Lar•geL::ing dates for, the interim impr•ovemenl:s, I,he ATI:_P r-(-)por-t assullles that development within the Triangle will occur at the r•at(?s projected by Lho Metropolitan Ser•vi('e Distr-ict. Having identified Lhe Ult.inlal:e .inlpr'ovomont meds, we jar'e able to plan for the UIt:i111aL0 devoIopmon1. and Lo pr'ov ido Lhe necotiSiar'y iIIipr•ovomorlLs and right--of- way as development occurs. lh.is clue:> riot. nlo,an that ,a11 r"uadwayl, nead to be .immediately doveloped l.o Lha ulL.inlata widths. As development occurs, we would expect to obtain and pr'eser've the nece ;ary r*lhl ,-uf way so that. a(iditionaI pavenlonL w.idlhs and ink ersoct.ion impr'ovenu�rlts may occur when war•r•,anted by incres aed tr,aff.ic volullles . -1 he Additional inlpr'ovements will be provided in part by dovelopor•s and in pard; by the City syl;Lrnrs (i(wc lopnulnl. ch�argas paid >(!; devolopmonl. oc( urs. This apl;ro u h to staged deuelupmrnl i!; 11sed thr•oughorlt; the City. If development occur':; rat.,idly in the Ir'iarnlle, then the funding for' Lhe impr•ovemonts would also bo pr-ovidod ear-ly and the impr-ovo lorlLs Would be "OdO within the next. f(lw Year!— On Lhe tither— hand, should dovelopmont, octcur ata slower, rate, than impr•uvemonts wcxlld be dofer•r'ed unl.il acLr.lally required by resulLing davelopmvnt. In this way, improvenlent:l; ar'e 111,atc.hed to ac.Lutal need and L.hp (:ity i.s riot. burdari with 1.ho maintenance of clnnoodod roadway i n1F,r•ovements. 'Tho Mar-tins and thrir• cont;ult,ants have quosLionod many of Lhe assumptions and Lhe details Of the technic,Al An,alysi !; of 010 AILP report. Many of the questions relate to the rate of dovelopment. Eher•e is no w<ay to know for certain the r',-A (% ,at: which dovoIormionL w 11 occur• nor• Lhe dons ltlos of development whi(:h will actually occur Development it; subject to iii,-Any factor's beyond our- control., iri.mar•ily economic factors. Tn my opinion, the timing of development is not criticalia!; long iia!; We havo a SySt;('n1 in pla('e to provide the additional. tr-affic capacity As devolopmont o(:cur•s. ft appears to me that the comprehensive plian, along with our- situ development, review process, does provide for• Lhe required facili.t.i.os. The ATEP report provides the data necessai-y Lo anticipate the facilities needed at. various points of development and to reserve the necessary eights--of—way for- future roadway impr-ovements. Therefore, I. am riot concerned that: there are differences among the various traffic engineer-ing pr'ofessi.onals regarding their Assumptions as to the timing of development within the Tigard Triangle. The Martins and their consultants have also raised questions regarding the rates of traffic generation and density of future development assumed by the ATEP report. Most of these questions have been raised earlier• and were discussed in detail with ATEP and ODOT during the pr'epar'ation of the ATEP / report. During preparation of the ATEP r'epor't, I reviewed the material Page 2 submitted by the Martins and their consultants. From my review, I concluded that, were we to revise the ATEP report to incorporate all of the assumptions suggested by the Martins, that the conclusions as to the facilities ultimately needed in the Triangle would riot change significantly; i.e. , that the numbers of traffic lanes required on the various roadways and the locations of signalized intersections would riot: change. In the materials submitted, there is considerable discussion of buildout conditions. ATEP assumed that buildout of the Triangle, (i .e. , full development) will riot mean Lhat all proper•t:ies within the Triangle are redeveloped to their maximum allowed density. This is a reasonable assumption. Some of the properties within the Triangle area are already developed and redevelopment of these properties is unlikely for. many years . Also, many developers choose to develop their- land at less than the maximum that additional parking aroas or• additional density; some developers find r than development, of the land to its landscaping suits their needs bette maximum density . Therefore, I conclude thaL the existing comprehensive plan is an adequate traffic plan for the Tigard Triangle when combined with the implementation recommondations of the ATEP report.. Cum >r czhens ive Plan Chane e The Martins have suggested an ,iltor•ricAtAvo r•o,adwtay <alignment diffl�rlrnl. from t:he patt«r•ns shown in the comprehensive plan. Jo .implement the plan -_iuyJested by the Mar•L.ins would require a change in Lhe City' s comKrr•ehen-,ive plan, to data, the Martins have not formally roquest:cid a comprehensive plan chango nor have we heard any request for �a comprehensive plan change from any other. par•t.ivs. The Martins are st.u3gesting that a route is needed in the Tr•ianglo to carry through trafFic between Intpr•state 5 and Highway 217. Existing regional transportation planning does riot envision such a route. Tristead, the regional plans endeavor to keep thr•ouclh traffic on the major r og.ional highways So that City strecaLs can be l.ised to serve the traffic of the local area. no reason why Tigar•d' s comprehensive plan shuuld be r-ovised to provide a route for regional traffic: through the Tigard Triangle. After ODOT studies aro completed on the possible revisions to Highway 217 interchange access, the City may wish to initiate comprehensive plan map changes to reflect the recommendations coming from the ODOT' studies. 1n my opinion, construction of the proposed Dartmouth Street project does riot in any way prevent the City from later revising its comprehensive plan, if necessary, to accommodate a revised or additional access point to Highway 217. The proposed Dartmouth Street LID is consistent with Tigard's comprehensive plan and I can find no justification for delaying the construction of this roadway as proposed. Points of Agreement As documented in the written material submitted by the Martins (Exhibits 30, 31, and 32) there are some important points of general agreement among the engineering parties involved. We all agree that the Haines interchange on Interstate 5 is a logical connection to the Triangle. And we all agree that Page 3 it is appropriate that a new access be constructed at Highway 99W opposite 713th Avenue. Thus, we agree that the access points which would be. provided by the Dartmouth project ar-e logical and appr•opr•iate access points for- the .long term development of the Triangle. We also agree that the City arid ODOT' should jointly participate in the planning for south access to the Triangle in conjunction with current studies by ODOT of Highway 237 interchanges. As pr-eviously stated, I do not feel that construction of Dartmouth Street needs to await the completion of these studies. The alignment: of Dartmouth Street as proposed can accommodate potential revisions to Lhe south Triangle access without major, revisions to Dartmouth Street. South Access Study ODOT is cur•r•ently beginning a study of fut:ur-o interchange revisions along Highway 217 from Highway 99W Lo Inter•stat:e 5. As part of this study work, ODOT will be looking at: potential r•ev.is.ions to the 72nd Avenue interchange and at potential revisions to the highway 217 access to the Tigard Triangle. l_he review of revised inter'c'hange plans will necessitate review also Or the imparts on existing City str-oot.s such as Hunziker• Gtr-vot, 72nd Avenue, and Hampton St.root. The City will. be involved in the::e ODOT studies both for•nlally and informally. On an informal basis, Lhe C.i.t:y has a good working r'elat'ionship with ODOT in traffic planning for- our- area. On a fur•mal basis, tho City will be involved in the ODOT st.udir.s thr•c�spjh a lochnic•.al ridvisor•y conssnittee to be cyst,:+blishvd by ODOT grid through the public hear•.ing process which ODOT will conduct: before adopting the plan for- the Highway 217 inLer•changv .improvements. We have discussed with OODI the need tO coordinate their- study with City review or a possible additional. access point to the Tigard Triangle from the south. ODOT has indicated a strung willingness to work with the City on these studies . The City has budgeted funds for- additional traffic engineering analysis of south Tr•iarigle access if needed. Depending on the alternatives developed during the ODOT study, tho questions of south access to the Triangle r may be resolved by Lho ODOT study . 7f riot, the City could request that ODOT or- its consultants provide the additional work necessary to compleLe planning for, south access to the Tigard Tr-iangle. or-, if appropriate, the City could R commission a separate study to supplement the ODOT work . The best way for- the f City to participate will be determined during tho course of the ODOT study. l' City staff has been arid will continue to be in frequent communication with the ODOT staff t:o assure that: planning needs for the Tigard Triangle ar-e closely coordinated with the ODOT planning. s `f Interim Improvements Versus Ultimate Development i The Dartmouth CIO proposes to build a three--lane roadway along with drainage and utility improvements to allow development of the adjoining properties. The ATEP study suggests that, at ultimate development, a wider roadway will be required with additional intersection improvements. As previously discussed, the additional right—of—way and funding for additional improvements will be provided as development occurs along Dartmouth Street. The timing of the = , additional improvements will be coordinated with the timing of property development. This staging of development is not unusual and provides a way gg t a Page 4 s r ZANMEWNCM x s MM for utilizing our existing funding sources to best provide for roadway needs as they occur. ODOT Permit The City will need to obtain approval from ODOT' for construction of the Dartmouth Street access to Hi<3hway 99W. Our discussions with OODT indicate that t'he ATEP study has provided sufficient data to allow an access permit to be issued. In conjunction with the permit, ODOT may require an agreement with the City to assure completion of planning for, additional access to the Triangle and that future additional intersection impr•ovemenLs will be undertaken Ly the City as development occurs. Since this coordination is in the best interests of both ODOT and the City, I foresee no problems in developing a mutually acceptable agreement. Such an agreement is currently being drafted by the ODOT staff and should be available for- Council review soon. Coordination of Roadway Design arid ''Sitt, Devcalo )menta The Martins have suggested that roadway design should riot. bo f inal i ed until design is completed for development of all adjo.irn.ing properties . While such coordination might. be nice, it, doers not: appear- to be a pract.iC,A1 procedure. It: would require that tall properly owner's: bo prepared to develop of the same time and it would roquire that all property ownor•s ' plan:; be fully coordinated and that all property owners be in full agrooment, a:; to the details of development within the ar•e,,i. such a procedure would be very uni.)sual. Typically, properly developer' s plans tare very closely coordinated with economic arid market: factors . As a result:, developers frequently r•evi.so their, plans, sometimes even after construction htas bogun. Developers are reluctant to begin detailed planning until they are assured that; roadway acc+ass and utilities will be provided to their si.to, therefore, in the typical situation, the roadway is already in place before devolup)uent oc:cur•s , The Dartmouth Street improvement, will be designed to adoquately provide access; for future development along the roadway. ttowever•, the grades of the roadway are largely determined by the need to match the grades of existing roadways, especially Highway 99W, 72nd Avenue, and the Int:er•state 5 interchange access , h t{ T Martin Conclusions _ i The written testimony submitted on behalf of the Martins included "Conclusions" on pages 4 — tt of Volume I. In response, I have the following observations: fyy' J 1, 2, and 3 — South Access. The studies have recommended that we plan for, an additional access to the Tigard Triangle. As previously discussed, the City is prepared to work with ODOT in planning for, possible additional south access r to the Tigard Triangle. Location and funding for a new south access route, if appropriate, will be determined as a result of those studies. 4 — Development Density Restrictions. Considerable additional development can occur within the Triangle before an additional access route is required. ODOT has retained a consultant to proceed with the south access studies and the City has budgeted monies to participate in those studies as necessary. There • t' Page 5 ' is no reason to believe at this time that Triangle development will occur so rapidly as to require the additional access route before the studies can be completed. Therefore, the suggestion that the City legislate limitations on development density seems premature. 5. 1 . - Connection to Highway 217. The Martins are promoting a roadway for through traffic between I-5 and Ilighway 217. Such a roadway is riot consistent with the Tigard comprehensive plan nor with the Regional Transportation Plan. As previously discussed, i feel that .it, is not appropriate for- the City to plan for nor- to encourage through traffic between Interstate 5 and 217 to utilize City streets. 5.2 - Built-In Obsolesenco. As previously discussed, additional traffic lanes will be provided as development: occurs. Through the site development review process, the City can acquire and preserve most of the needed right-of-way as development occurs. 5.3 Grades. As previously discussed, the roadway grades are largely determined by the need Io match grades of existing roadways . However, the need to establish the roadway grade at, an elevation that. bast affords an opportunity for, access to adjoining sites is one of Lhe engineering design elomrnts that: is being incor•puratod in tho roadway design. This is a very common aspect of civil engineering design. 5.4 - Preserve Ri�h1�•of-Way__Lo Itic7hw� 217 . The pr•oper•t;y betwcoen the proposed Dartmouth street and highway 217 and west. of 72nd Avenue .is largely controlled by the Martin family. They are in as good a position to preserve future roadway corridors as the L:it;y would b- 5.5 Contrast With WAshincq.tort _Square. Simply counting the number of traffic lanes exiting an ar•oa�does riot tell tis the traffic capacity of those exits. The capacity of a t.r•affic lane is dependent on the type of intersect.ion control and signal timing. Traff.io; signal timing is basad on a number of factors, including Lhe numbers of .lanes and the volumes of traffic, on the cross streets. Since the future new access route to the Triangle has riot yet been determined, we cannot. determine how many Lr•affic lanes it: will provide. In addition, it is riot valid to compare Washington directly with the Tigard Triangle. Development within Washington Square is almost enLirely retail commercial, whereas the exPOcted development of the Tigard Triangle would be a mixture of uses, including retail commercial, offices, residential, and other uses. As a result, a greater percentage of trips generated within the Triangle may remain within the Triangle. Also, as suggested by the ATEP study, there may be other ways to reduce peak hour traffic in the Triangle, such as working with employers to vary working hours, providing car-pooling for large employers, and similar- demand management techniques. 6 - Traffic Engineering Assumptions. As previously discussed, based on my review, the alternative assumptions suggested by the Martins would not significantly revise the ATEP conclusions regarding the roadway facilities needed for the Triangle and at ultimate development. 7 - Legal Considerations. Legal questions will be addressed by the City Attorney. Page 6 Recommendations After having reviewed the comments and objections put forth by the Martins over the past several months, I can find no engineering justification for delaying construction of the Dartmouth Street project. Therefore, I recommend that the Council proceed with the Dartmouth Street LID project as originally proposed in 1904. br/O009D r� Page 7 i Ll DUNN. CARNEY. ALLEN. HIGGINS & TONGUE ROBERT R CARNEY ATTORNEYS AT LAVA' JENNIFER L PALMOUIST• ROBERT L ALLEN W RANDOLPH MILLER JON L HIGGINS SSI S W. SIXTH AVENUE. SUITE I500 JOHN C CAHALAN TH N TONGUE PACIFIC FIRST FEDERAL BUILDING RUSSELL R.KILKENNY GE c J COOPER.III TELECOPI[R I5031 2247324 HELLE RODE CHARLES O RUTTAN PORTLAND. OREGON 97204 DONALD HURRAY ETON* ROVER' . DONALD[. TEMPLETON' G. KEN. H'+11ROISHI• TELEPHONE 13031 224.6440 DOUGLAS V VAN DYK CILBERI'L PARKER.JR SALLY W LEISURE LOAN oNUSHANNON 1.SKOPIL• LL. Pc CENTRAL OREGON OFFICE J[rrREY r NUDELMAN ROBERT L NASH" 709 N W.WALL STREET.SUITE 103 JONATHAN A. U[NNCTT ANDR[w S CRAIG BEND.OREGON 97701 BRADLEY O. BAKER TELEPHONE 15031 382.9241 JACK D HOFFMAN WILLIAM H. MORRISON HICHAELJ FRANCIS ,1697 I903I RALPH R.DAILEY 11902 1074- JACK N. DUNN September 21, 1987 'ADMITTED IN OREGON JAMES G SMITH AND WASHINGTON NATHAN L COHEN RESIDENT PARTNER, Or COUNSEL BE NO OFFICE Mr. Thomas Schwab Oregon Department of Transportation 9002 S. E. McLoughlin Boulevard Portland, Oregon 97222 RE: Dartmouth LID--Response to Your Letter Dated Auqust 7, 1987 Dear Tom: Thank you for meeting with Wayne Kittelson, Gordon S. Martin, and me on August 24, 1987, to discuss your letter dated August 7, 1987. Based on that discussion it is apparent that we are in agreement as to several issues of fact raised in your letter. To recap our conversation, and to help all parties establish the facts which bear on Triangle traffic issues, the following is a review of the conclusions reached in our discussion., 1. TAZ No. 1. Based on your review of the plat map for Traffic Analysis Zone ( "TAZ") 1, which contains the Farmers Insurance building, you agree that this zone contains 25.3 total acres, contrary to the ATEP report which identified 20 acres for this zone. Only 5.88 acres of this zone are currently developed. Therefore, approximately 19 acres remain available for development. 2. TAZ No. 30. Traffic generated by undeveloped acreage within TAZ No. 30 will impact the internal circu- lation system of the Triangle since such prop s currently t'lf ' 2 3 r MEN r Mr. Thomas Schwab r September 21, 1987 Page 2 have access to 69th Avenue. Therefore, these properties must i. be considered in developing employment and buildout assump- tions for the Triangle. In this regard, the ATEP report ' underestimates the amount of land available for development within this zone by 9 acres. 3. TAZ No. 33. The ATEP report incorrectly omits frcT - its inventory o-'—developable land 15 acres designated as "sensitive lands" within Traffic Analysis Zone No. 33. Such lands are buildable and may be used to meet minimum lands- caping, buffering, and/or parking requirements associated with a large-scale development. (See attached letter of Elizabeth Newton. ) 4. Phil Lewis School. The difference between the Kittelson estimate and the OnOT estimate of current buildout and year 2005 development in the Tigard Triangle area results from Mr. Kittelson's inclusion of the Phil Lewis School a property as developable land. The school property is cur- 4. rently zoned for commercial development. The State's figures reflect the State's assumption that the school will not be ft converted to commercial use even at full development. E 5. ATEP Buildout Forecast, Corrected. Based on the k above, ATEP failed to account for 29.33 acres of developable land in TAZ Nos. 1, 30, and 33. In addition, your letter of August 7, 1987, identifies 28.8 acres of developable land within the Triangle that is not accounted for by ATEP. The total equals 58.13 acres. When you correct for the addi- tional acres, ATEP's "full development" forecast actually results -in a percentage of buildout that is much lower than 100%. The following chart shows the actual percentage of Triangle buildout: 64 .8% (assumes the school and resi- dential property converts to commercial use. ) 82.8% (assumes the school and resi- dential property do not convert to commercial use. ) i Mr. Thomas Schwab September 21, 1987 Page 3 6. Outdated Employment Fiqures. The ATEP report did not utilize the most up to date population/employment figures developed by the Metropolitan Service District even though such figures were available before the ATEP study was com- menced. (See Dick Walker letter, June 18, 1987, and Charles Ruttan letter , August 6, 1987, at p. 2 -- Exhibits 48 and 52. ) - - 7. Outbound Capacity Assuming No Restraints. Your statement that additional access out of the Triangle will be necessary upon reaching a total development of 7,800 em- ployees assumes that there is sufficient capacity available on all of the surrounding state highways and roads to allow outbound Triangle traffic to exit without interfering with the surrounding state highway system. Your conclusion also assumes that Triangle traffic from the 7 800 employees will generate 5,000 p.m. peak hour outbound i trips which will spread evenly to all portals regardless of the directions such traffic actually is traveling. Thus, your 5,000-trip figure assumes that each outbound portal is operating at full capacity of either 700 or 900 outbound vehicles at each Tri- angle portal during the p.m. peak hour. As a consequence, your figures assume that 46% of such outbound Triangle traffic is oriented toward Pacific Highway. In contrast, earlier studies by ODOT, Kittelson, and ATEP assume that 60% of Triangle traffic is oriented toward Pacific Highway. Also, your figures are based upon an employment distribution of 77% office employees and 23% retail. Recog- nizing that retail use generates higher vehicle trips, if a higher -voluae of available Triangle land is developed for retail use, then greater traffic volumes will be generated. if that scenario develops, additional traffic capacity out of the Triangle will be necessary at lower levels of employment. 8. 55% Buildout. Finally, the August 7, 1987, letter states that Mr. Kittelson identified 6,650 vehicle trips into Z. Of these 5,000 trips, 1, 680 are pass-through trips generated from outside the Triangle. r- Mr . Thomas Schwab September 21, 1)87 Page 4 the Triangle and 8,020 vehicle trips out of the Triangle during the p.m. peak hour at buildout. It is understood that these figures reflect a 558 byildout of the Triangle rather than a full buildout scenario. If these statements fairly reflect the conclusions from our discussions on August 24, 1987, please indicate your acknowledgment in the space provided below and return the enclosed copy of this letter to us. , Thank you for your assistance in this matter. ruly yours, o / V • Douglas V. Van Dy?L DVD0921-5:dr Enclosures: Newton Letter cc: Mr. Gordon R. Martin Tigard City Council Mr. Gordon S. Martin Mr. Timothy V. Ramis Mr. Wayne Kittelson Ms. Loreen Wilson ✓ Mr. Rick Kuehn --The statements above re r ent the conclusions from our meetof Augus /4 1987. Tom Schwab, .Transportation Analysis Manager Oregon Department of Transportation 2. Originally, the Kittelson report was to be based on a 70% buildout. The employment figures agreed upon by ODOT and Kittelson, however, are not high enough to create a 70% buildout. The employment figures were established without the benefit of MSD's figures for employment densities. When MSD 's employment densities are applied to the Kittelson-ODOT employment assumption, the result is a 55% buildout instead of a 70% buildout. r. CITY OF TIIFA RD August 26, 1987 OREGON 25 Years of Service 1961-1986 Gordon S. Martin 12265 SW 72nd Avenue Tigard, OR 9.1223 RE: Wetlands and Drainageways - Tigard Triangle Dear Mr. Martin: The area outlined on the attached map as Traffic Analysis Zone 133 is designated as General Commercial (CG) with a Planned Development (PD) Overlay on the City's Zoning and Comprehensive Land Use maps. Under the provisions of Section 18.120.020 of the Tigard Municipal Code all commercial development occurring within the CG zone must receive Site Development Review approval except in cases of a remodel involving 50 percent or less of the total square footage of the existing structure or 50 percent or less of the exterior wall surface. Under the Site Design Review approval standards the Director is required to make a finding with respect to the following criteria: Density Computation, Accessory Uses and Structures, Additional Yard Requirements, Building Height Limitations Exceptions, Landscaping and Screening, Visual Clearance Areas, Off-Street Parking and Loading, and Access and Egress. All of these criteria have an impact on the amount of development and in no case can the amount of development exceed the ability to provide services. Since this area is designated with the Planned Development (PD) overlay, all development must be reviewed as a Planned Development. This requires that additional approval criteria be addressed as follows: Signs, Relationship to the Natural and Physical Environment, Buffering, Screening and Compatit,ility between adjoining uses, Privacy and Noise, Access and Circulation, Landscaping } and Open Space,_ Public Transit, Parking, and Drainage. i In addition the shaded portion in area 33 on the attached map denotes drainageways and/or wetlands as indicated on the City's Floodplain and Wetlands Comprehensive Plan Map. Under Chapter 18.84 of the Community Development Code the Hearings Officer must review all development to occur within drainageways for Sensitive Lands Permit approval. The approval criteria for development within drainageways is as follows: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the uses; E r 3125 SVV Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground stability or other adverse on-site and off-site effects or hazards to life or property; 3:: The water flow capacity of the drainageway is not decreased; and i 4. Where natural vegetation has been removed due to land form alteration or the development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18.100 (LANDSCAPING AND SCREENING). Any development which receives approval or approval with conditions under th'i { provisions outlined above could locate in Traffic Analysis Zone #33 provided it was a permitted use in the General Commercial (CG) zone. I hope this adequately addresses your concerns. 's Sincerely, i Elizabeth A. Newton Senior Planner sb/0687D i s l l_ T- �T - :.� k t � L�l.•�l - .� _ ,`�_ �- 1 �} �' ` i•Tt�'1 1 1- ---� a �.J. .1 i�1 1 25 �_j 1 1 � ,.1•. 1 1 , , 1 Ll 777 71 1p 36 t • ' �!/ •t..- r.rt • .�.' � J"}I L1•li •• _ !••=`•r, � ._. � .._ ••w fir' �. •=�� .Y% Yi of •T— G , ' 1 ' 1 � �:�ff '- ;N_ ��`• a%�t• we � # - i ri 1 .. • . I iii Y+;�y� -. _ Ilkpsi= T } JOHN C. SAVORY, H \ 12245 SOUTHWEST MAIN STREET ��C,i�C, TV o TIGARD, OREGON 97223 September 17, 1987 t a k Mayor Tom Brian City of Tigard P.O. Box 23557 Tigard, OR 97223 Dear Tom, ! i The members of the Tigard Economic Development Committee would like to express the feeling that the proposed Dartmouth Extension construction project should be starter] post-haste. It is our feeling that until this project is completed the Tigard Triangle will remain undeveloped. As to the nature and scope of the development that would ensue we believe that to oe a seperate issue. We understand that there are other transportation issues and questions involved. The construction of the Dartmouth Extension seems to be a proper first step and should be delayed no longer. i F Sincerely, 4 1 Jhohn av C. Soryairman gard Economic Development Committee z JCS:pls i i 1: Ll DUNN, CARNEY, ALLEN, HIGGINS & TONGUE C I JENNIFER L. PALMQUIST' /'l'—,I . HOBERT R.CARNEY ATTORNEYS AT LAW W.RANDOLPH MILLER ROBERT L.ALLEN 831 S.W. SIXTH AVENUE, SUITE 1500 JOHN C.CAHALAN JOHN J,HI GINS PACIFIC FIRST FEDERAL BUILDING RUSSELL R.KILKENNY THOMAS H.TONGUE HELLE RODE { GEORGE J.COOPER. 111 TELECOPIER 15031 224-7324 t MARSHA MURRAY LUSBY CHARLES D. RUTTAN PORTLAND, OREGON 97204 DONALD E.TEMPLETON• ROBERT K.WINGER DOUGLAS V.VAN DYK j. G.KENNETH SHIROISHI• TELEPHONE 15031 226.6440 SALLY R. LEISURE Y. GILBERT E. PARKER,JR. SHANNON 1.SKOPIL' JOAN O'N EILL.P.c.• CENTRAL OREGON OFFICE JEFFREY F.NUOELMAN S. ROBERT L. NASH— 709 N.W.WALL STREET,SUITE 103 JONATHAN A. BENNETT ANDREW S.CRAIG BEND,OREGON 97701 BRADLEY O. BAKER TELEPHONE 1503)302-9241 e WILLIAM H.MORRISON JACK D.HOFFMAN 1109719H31 MICHAEL J.FRANCIS RALPH R. BAILEY 190219741 ) September 28, 1987 JACK H.DUNN 'ADMITTED IN OREGON AND WASHING/ON JAMES G. SMITH "RESIDENT rARTNER. NATHAN L.COHEN BEND OFFICE OF COUNSEL L Honorable Tom Brian Mr. Gerald R. Edwards F Mayor. , City of Tigard 10390 S. W. Meadow 10455 S. W. Johnson Street Tigard, Oregon 97223 Tigard, Oregon 97233 Ms. Valerie Johnson Mr. John Schwartz 12265 S. W. Walnut 15900 S. W. 76 Tigard, Oregon 97223 Tigard, Oregon 97224 Ms. Carolyn Eadon 11825 S. W. Wildwood Court Tigard, Oregon 97224 Re: Dartmouth LID Permit -- September 18 Staff Memorandum ` Dear Council Members: y ODOT's preliminary draft of the access permit f, agreement requires adoption of a new transportation plan for the Triangle by September of 1988. (See attached draft. ) It also states that additional access for the Triangle must be implemented when the traffic exiting to the north and south reaches 4,900 outbound vehicles per hour. Based on ODOT's : existing and pass through traffic figures, this means that # the City of Tigard will be required to implement additional access once the Triangle has generated only 2, 382 more trips. Based on ODOT's trip generation rates, and MSD's 4 ratio of retail/office employment, these trips will be generated upon development of 68 additional acres out of the Triangle 's 333 total acres of land. I Following a logical development pattern, it is unlikely that the Martins and other landowners within the LID boundaries will be able to develop their property until addi— tional access is constructed and the trip capacity restriction is removed by the State. However, if the LID t 1 4 Tigard City Council September 28, 1987 Page 2 goes forward it is proposed that the Martins be assessed $500, 000 cash immediately despite their not receiving any benefit. This is inequitable. Mr. Wooley 's memorandum is not consistent with ODOT's findings as evidenced by the draft permit language. Wooley 's memorandum was not delivered to our office until September 24, therefore, except to the extent he recognizes that South Access will be necessary, we must rely on our previous testimony to rebut Mr. Wooley 's analysis. Very truly yours, Charles D. Ruttan DVD0925-2:dr cc: Mr. Gordon R. Martin Mr. Gordon S. Martin Mr. Timothy Ramis Ms. Loreen Wilson TIGARD TRIANGLE CITY/STATE AGREEMENT City shall complete a Transportation Plan for the Tigard Triangle which will identify major roadway and lane requirements to adequately serve buildout development of the Triangle. This Transportation Plan shall be based upon the current Land Use Plan. The Transportation Plan shall be adopted by the City on or before September, 1988. City will be required to monitor traffic volunes into and out of the Tigard Triangle, as a minimum, on an annual basis. These traffic counts will serve as a measure to determine when, additional access as identified in the Transportation Plan, is to be implemented. The total traffic volume will be summed alone a south screenline and a north screenline. The south screenline volume measured on the Haines Road structure, I-5 southbound on-ramp and the 72nd approach to the westbound Highway 217 ramp terminal shall not �1 exceed 2,700 vehicles per hour. The north screenline volume measured on the 69th Avenue, 72nd intersection and Dartmouth approaches shall not exceed 2,200 vehicles per hour. 1 I +• I �rte"_JC"' J U Li ki O' 1°© _ g Q400 COYS' AL / au•�'�r .t. t � a a lARX UWE vaawa�ao E � fir' warts. say �' p��• ^WULP - V cea�rweer yv►�ea ar• COMOV @I. k EGT. . W"4T. ACCESS Rourz CAPAGt rJv C CVEHicLES PER ,HouR) Ave, M7 rrw ; ram L.{ O'DONNELL. RAMIS. ELLIOTT & CREW / ATTORNEYS AT LAW 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 {5031 222-4402 DATE September 25 , 1987 TO Mayor Brian and the Tigard City Council FROM Tim Ramis and Chuck Corrigan, City Attorney's Office RE Dartmouth LID Legal Issues Page 1 Our office has been asked to analyze certain issues that have been raised by Gordon R. Martin and Gordon S. Martin, Jr. , with regard to the Dartmouth Local Improvement District No. 40. The Martins have submitted three volumes of written material on the Dartmouth LID. Their "legal issues" are found at Volume I, page 8 ( in a section entitled "Legal Considerations") , at Volume I, pages 22-24 ( "There are Serious Legal Problems With the Current LID Which Must be Addressed Before Proceeding With the Project") , and at Volume III at page 2-5 ( "Conclusions Regarding Assessments" ) . Each of these lists is largely a restatement of the issues found in the other two. Because the most particularized collection of the Martins' legal objections is found at page:,. 2-5 of Volume III, this memorandum will respond to the issues as there listed and formu- lated. Initially, some general observations are in order: 1 . Most of the issues here raised by the Martins were previously decided in the city's favor by the Washington County Circuit Court. Gordon R. Martin and Gordon S. Martin, Jr. v. City of Tigard, et al . , Washington County Circuit Court No. 84-0517C. 2. In its review of that trial court decision, the Oregon Court of Appeals ruled against the Martins' challenges to the formation of the LID. The court remandeu the project for a new assessment because a portion of the planned improvement was not f within the legal boundaries of the LID and therefore the cost of constructing that portion of the project could not lawfully be i Included in the assessment. Although the court of appeals did not t explicitly affirm the trial court's ruling on the other assessment issues raised by the Martins, neither did it disturb those rulings. s 3. Some general principles are applicable to most of the issues discussed below. The following quotation from the oft-cited case of Western Amusement Co. , Inc. v. City of Springfield, 274 Or. 37, 545 P.2d 502 (1976) , is instructive: i 1 O'DONNELL. RAMIS. ELLIOTT & CREW ATTORNEYS AT LAW 1727 N.W.HOYT STREET PORTLAND. OREGON 97209 15031 222-4402 DATE September 25, 1987 TO Mayor Brian and the Tigard City Council FROM Tim Ramis and Chuck Corrigan, City Attorney's Office RE Dartmouth LID Legal Issues Page 2 "We have reviewed special assessments in all sorts of proceedings, - writs of review, suits for injunction, declaratory judgments, and suits to quiet title. Regardless of the nature of the review proceeding, we have consistently used the same approach: 'We held that the city council 's determination that property has been benefited by an improvement and the amount of the benefit is conclusive unless the court can say that the city council 's action was palpably arbitrary and abusive. We said that the burden of persuading the court is a heavy one. '" 545 P. 2d at 593-594 (citations omitted) (emphasis supplied) . 3 In analyzing the Martins' complaints concerning ( 1) the city's determination as to the benefits provided various property owners by the improvement, and (2) the city's determination as to the value of such benefits, the burden is on the Martins to prove that such determinations are palpably arbitrary and abusive. 4. The Tigard Municipal Code includes explicit and substan- tial requirements regarding the notice and hearing to be afforded property owners in the LID assessment process. TMC 13.04.060. Such procedures are guaranteed in both the pre-assessment procedure ( implemented at the formation stage with assessments based on the estimated costs) and the final assessment procedure (which begins after the project is completed and is based on actual cost) . Additionally, state statutes provide that any property owner dissatisfied with the result of a hearing on his or her assessment is entitled to challenge that assessment in circuit court. ORS 223.401 ; ORS 223.462. 5. Certain sections of the TMC dealing with local improve- ment districts have been changed since the formation of the Dartmouth LID. Current code provisions are applicable to the issues that are the subject of this memorandum. So long as an ordinance amendment does not impair the obligation of a contract or disturb vested rights without due process of law, neither of which O'DONNELL. RAMIS. ELLIOTT & CREW ATTORNEYS AT LAW 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 1503) 222-4402 DATE September 25, 1987 TO Mayor Brian and the Tigard City Council FROM Tim Ramis and Chuck Corrigan, City Attorney's Office RE Dartmouth LID Legal Issues Page 3 Is here the case, an amended ordinance is applicable to projects formed under predecessor ordinances. Turning to the Martin's specific allegations, the format for our responses will be similar to that employed by the Martins. That is, rather than re-stating in this memorandum those arguments which i already have been presented to both the trial court and the appel- late court, the appropriate sections from those briefs will be appended for reference. New or additional information will be discussed as well . The fallowing summary will use the same para- graph numbers and headings employed by the Martins. i 1 . Before Assessment, Bids Must be Received. f A. This contention has already been answered by the i city at both the trial court and court of appeals p level . See Exhibit 1 . ' 9 r B. Further, the issue is moot, as the language relied upon by the Martins has been removed in conjunction with the amendment of TMC 13.04.080. E C. Even if the provision cited by the Martins were still found in the code, and even if their interpre- tation prevailed over the city's, should the city E proceed with a final assessment procedure, as opposed to a pre-assessment, the subject provision Is not applicable. 2 . Removal of Four Property Owners from Assessment is Improper. This matter has been thoroughly briefed in prior proceed- ings. See Exhibit 2 . 1 3 . Assessments are not Based on Benefits Derived by Each Property Owner. See Exhibit 3. t i 1 O'DONNELL. RAMIS. ELLIOTT & CREW ATTORNEYS AT LAW 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 t 15031 222-4402 DATE September 25, 1987 TO Mayor Brian and the Tigard City Council FROM Tim Ramis and Chuck Corrigan, City Attorney's Office RE Dartmouth LID Legal Issues Page 4 4. Property Owners Should not be Assessed the Total Cost of the Project. 5. Negative Economic Impacts. 6. Properties Outside the Assessment District will Benefit as Development Occurs. Arguments 2 through 6 center on the city's determinations as to who will be assessed for the LID, and how much those assessments will be. First of all , it must be recognized that the city's initial attempt to pre-assess this project was round void by Lhe court of appeals . No assessments currently exist. There are no assessments to be challenged. Second, assuming that the city were to proceed with the LID and were to eventually issue assessments, each property owner will receive notice and full opportunity for a hearing to challenge such assessments. After such a hearing, a dissatisfied property owner is entitled to appeal to the circuit court. A challenge now, to assessments not yet levied, is premature. Third, the city's determinations will be upheld unless "arbitrary and abusive. " 7. Condemnation for a Private Purpose is Unlawful . A. See Exhibit 4. B. This is a challenge to a recommendation found in the initial preliminary engineer's report. There now exists a draft proposed revision of that report which does not include a transfer of the Martins' property to adjacent property owner Homer G. Williams, Inc. C. Whether a governmental entity may condemn property depends upon whether the government's purpose, (not necessarily the eventual ownership) is "public" or "private. " Courts will strive to affirm a legisla- tive body's determination that a particular use is public. The courts will not question whether a O'DONNELL, RAMIS, ELLIOTT & CREW ATTORNEYS AT LAW 1727 N.W. HOYT STREET j PORTLAND. OREGON 97209 DATE September 25, 1987 (5031 222-4402 To Mayor Brian and the Tigard City Council FROM Tim Ramis and Chuck Corrigan, RE g � Dartmouth LID Legal Issues City Attorneys Office Page 5 taking is necessary, expedient, convenient, or the best choice to serve the use proposed. Those are legislative determinations. A condemnee must show clear abuse of legislative discretion, fraud or bad faith to overturn those determinations. D. TMC 13.04.050(b) (2) (B) -of-way, that when deter- mining necessary rights acquired for an Y, "Easements may by y necessary public use district and may within the Include easements for access to properties that would otherwise have no public access or would have inadequate public access. " e• Assessment A ainst the Martins for Pro ert ► Ac wired from the Martins Throw h Condemnation is not A ro riate. This argument was raised unsuccessfully by the Martins in the initial proceeding in Washington County Circuit Court. The Martins did not include the trial court's determination on this issue among those that they appealed to the court of appeals. Exhibit 5 sets out the authorities and argument success- fully relied upon by the city in defeating the Martins ' writ Of review. It is worth noting that the onl Offered by the Martins in su Y authority in the record Florida case of Anderson v, PP°rt of their argument is the (Fla. 1958) . Assuming, for the sakeOf upoh Miami ,n 9that2a 861 Florida decision can be helpful in analyzing a upon the Oregon Constitution, this case is still challenge based a the Martins. And e,�n turns on the fact that Of o avail no avail Y did not have specific statutory authority assessment at issue. In contrast, here the Cit (TMC 13.04.080 to impose the authorit ) and has {TMC 13 Impose Of Tigard had Y• The city's ordinances are sanctioned by state statute. ORS 223.389. In his treatise on municipal law, Y the "compensation made b Mcquillin includes improvement" municipality for land taken for the as one of the allowable expenses to be included in an assessment of benefits. Mcquillin, The Law of Munici al P O'DONNELL. RAMIS. ELLIOTT & CREW ATTORNEYS AT LAW 1727 N.W.HOYT STREET PORTLAND. OREGON 97209 t (503) 222-4402 DATE September 25, 1987 TO Mayor Brian and the Tigard City Council FROM Tim Ramis and Chuck Corrigan, City Attorney's Office RE Dartmouth LID Legal Issues Page 6 Corporations, vol . 14, p. 334 ( 1970) . One of the authorities offered by Mcquillin for this principle is the Oregon case of Yettick v. St. Helens, 224 Or. 419, 356 P.2d 553 ( 1960) . In Yettick, neither the property owner who was challenging an assessment, nor the trial court or appellate court questioned the city's authority to include a proportionate cost of condemnation in the assessment on the property owner's remaining property. The above arguments, raised by the Martins as numbers 1 through 8 on pages 2 through 5 of their Volume III are, in the Martins' language, intended to summarize their position regarding assess- ment issues related to the Dartmouth LID. (Volume III, P. 1 . ) All additional "non-assessment" concern is raised by the Martins at paragraph 7 .3 on p. 8 of their Volume I, as follows: 9 "Whether the City's permit application meets i the standards established by Oregon Adminis- trative Rule. " k As is well-documented by the Martins' written submissions, it is ` for. the Highway Division of the State Department of Transportation to determine whether or not the traffic permit at issue should be } issued. That question is not within the jurisdiction of the City 4 Council. CONCLUSION The legal issues raised by the Martins in opposition to this local improvement district are (1) moot, (2) unpersuasive, (3) prema- ture, and/or (4) not appropriate to this forum. The City Attorney's Office finds nothing in the Martins' challenges that would justify the termination or the further delay of this ! s project. r CEC:dd 9/28/87 Original Memorandum to: Maryor Brian and Tigard City Council Copy to: City of Tigard - Dartmouth LID File i r 1 the Tigard Municipal Code, ORS 223. 387 (1) and the Bancroft Bonding 2 Act (ORS 223_ 205 (2) ) and, thus, costs that are payable in installments_ 3 Therefore, the City had no obligation to disclose otherwise. 4 In conclusion, the City of Tigard provided petitioners and 5 all other property owners with all the notice, facts, information 6 and opportunities for hearing as required by .the United States and 7 Oregon Constitutions, the statutes of the State of Oregon and the 8 Tigard Municipal Code. 9 B. Procedural and Substantive Challenges to' Ordinance No. 10 84-18. 11 By Ordinance No.. 84-18 (incorrectly labeled as Ordinance 12 No. 84-14 in the Petition) , the City Council adopted an assessment 13 formula for assessing a portion of the total cost of the improvements 14 against each benefitted property. Rec. at 59-61. Petitioners have 15 challenged the ordinance in a number-of ways, to be addressed in 16 turn.. See Pet. , para. X. 17 1_ ' In adopting Ordinance No. 84-18, . the City Council . 18 correctly followed the procedure applicable to the matter 19 before it. Pet: , para. .X(1) , .(2) (a) (1) 20 Petitibners allege that the adoption of the assessment 21 formula for the LID .was premature, based upon petitioners' interpre- 22 tation of TMC 13. 04 .080_ Petitioners also base this allegation 23 • on their interpretation of ORS . 223_389. Note, however, that ORS ' 24 223.399 states that the procedural provisions of ORS 223.389 do not 25 apply when a city provides otherwise by charter or ordinance. As the City of Tigard has adopted its own procedural code in Chapter Page 16. - RESPONDENTS' LOTION FOR SUMMARY JUDGMENT{, ('� / O"QQtJN£to SVILiVf.NiCAMIS EXHIBIT �� / page o 8 /1ao.W. at low en 1 1727 N.W.".yl S++<ct Pool.-d•0+ v—97209 (50J)77?•�0? t 1 13. 04 , review of the language of ORS 223.389 is ina2ergp_ria+. 2 The City Council followed proper procedure as detailed 3 in Tigard Municipal Code .Chapter 13_ 04 . First, the City Council 4 engaged the services of an engineer to prepare a preliminary plan, 5 cost estimates and assessment roll. Rec. at 122-130. The City then 6 formed a district by modifying the engineer's plan in the adoption 7 of Ordinance No. 84-17 on April 9, 1984. Rec. at 72, 88. After notice 8 and hearing, the City adopted the assessment formula and assessment 9 roll based upon the engineer's estimates. Ordinance No. 84-18, 10 adopted April 23, 1984. Rec. at 35, 59-61. However, petitioners 11 rely on certain .language in TMC 9 13. 04 . 080 as authority for the 12 � proposition that the City cannot adopt "an assessment ordinance prior 13 to the signing of a contract or upon a determination by the Council s 14 to make the improvements under its own supervision." Pet. P p , para. X(l) _ 15 - Petitioners must concede 'that the city may- form the + 16 district and order the improvements and then may assess the *costs 17 of those improvements before they are actually constructed and the c 18 costs are known, based upon reasonable cost estimates. Such "pre- 19 assessment" is a recognized tool* to be used by local governmdnts in 20 financing local improvements. See Aloha Sanitary District v. Wilkens, 21 245 Or 40, 420 P2d .74 (1966) ORS 223.387-223.401; Local-Government, 22 OSB' CLE', 5. 10. 4.1. Petitioners must also concede that nothing in 23 the federal or.-.state constitutions or in 'the state statutes prohibits 24 .the city from adopting the assessment formula and assessment rolls 25 #: for the Dartmouth LTD improvements at the specific time the City t Council chose to do so, as long as the City Code authorizes such a g Page 17 _ RESPONDENTS ' LOTION FOR SUMMARY JUDGMENT o�v„E . sU«,vA�,t ��5 EXHIBIT A„o.,,<W. 9 Io., page a of 1727 N. .Hows11s� i � 51 oe.,fa.•e.o•< ,.,972ov Iso»222.«o2 r I step. See ORS 223-399. The City Council was so authorized by 2 TMC 9 13. 04. 080. 3 Respndents acknowledge that TMC 5 13. 04 - 080 is 4 ambiguous and inconsistent, capable of a variety of interpretations 5 including that proposed by petitioners. However, if a city code 6 provision is ambiguous and capable of various and conflicting inter- 7 pretations, the courts must defer to the reasonable interpretation 8 of the code provision adopted by the governing body of the city. 9 Fifth Avenue- Corp. -v. Washington County, 282 Or 591, 581 P2d 50, 55 10 (1978) ; Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 , 918 11 (1977) . ' The City Council has reasonably interpreted the relevant- 12 Code section to allow the City to adopt the assessment formula and 13 assessment roll at the chosen time. Language in the relevant Code 14 section supports such an interpretation. In' particular, TMC 15 . § 13. 04.080. provides: 16 "The city council shall consider the city engineer's . estimates of assessments and all objections thereto 17 , filed with the city clerk, and without any further notice may adopt, correct, modify or revise the 18 proposed assessments, and shall determine the amount to be charged against each lot within the .19 district according to. the special and peculiar benefits accruing thereto from the improvement. *tet 21 "The assessment as adopted by the city. council against 22 each lot or parcel, of land shall. be declared by ordinance_ and- the city clerk shall thereupon enter ' 23 • . 'the same in the .lien docket of -the cit r 24 . . Thus, ' this portion of the Code section clearly 25 authorizes the -City Council to adopt assessm, nts and -enter the same in the lien docket of the City based upon the engineer' s cost i Page 18 - RESPONDENTS ' MOTION FOR SUMMARY JUDGMENT O•DO 727 t.N.W.Ro l S L RA/,115 EXHIBIT I B I T I �I,c:�ey, tow page ,3 17?7 N.W.Hoyt St.ee1 ,3 ortloed.. f.. 1 estimates and a subsequent hearing without -any need for further 2 notice or any other step. As another portion of the relevant Code 3 section seems to conflict with this particular language, and requires 4 a further step by the City before assessment, i.e. , signing a 5 contract, it was then up to the City Council to discern the intent 6 underlying the Code section and interpret the section. in a manner 7 that reasonably accomplishes that intent. See- Fifth Ave. Corp. v. 8 Washington County, • supra. By adopting the assessment formula and . 9 assessment roll and entering the same in the lien docket of the City 10 after%considering the engineer's estimates and any objections filed 11 by the property .owners, without any further notice or other action, 12 the City Council has made a reasonable interpretation of TMC 5 13 13..04. 080, supported by language in the section, in such a manner. . 14 as to further the intent of -the framers-of that section as discerned I5 by the governing body.. Such an interpretation is entitled to great 16- deference by the court— The City did not err in adopting Ordinance 17 • No. 84-18, establishing .the assessment formula. 18 2. The exclusion of certain property owners who were 19 included within the boundaries of the proposed LID from- the 20 : final LID and assessment roll was not arbitrary, *did not 21 violate -the law •and was 'supported by substantial evidence in- 22 the record. Pet.:, ,.para. X(a) (2)., (e) . 23 _ The property. of three -property owners was included. 24 within the LID as proposed by the engineer; but excluded ,by the City 25 Council when the LID was formed by *the adoption of Ordinance No. 84=17_. 'A fourth property owner had the amount of his/her- property Page 19 - RESPONDENTS ' MOTION FOR SUMMARY JUDGMENT O'OONNEtt.SVIIIVAN b RAMIS EXHIBIT ^�t� ,/ ARo.n<ys at lew 1 ' �^V F+ �Y 1727 N.W. 2: 0 W 20 / a II Po.fleed,O•e ion G72dJ � � • 1`+OJJ?27•up2 -•_ i 12 II . THE CITY DID NOT ACT ARBITRARILY IN THE ASSESSMENT t. PROCESS. A. The City did not depart from its established rules of procedure in adopting the assessments for the Dartmouth LID. Petitioners argue that the City acted arbitrarily in adopting the assessments for the Dartmouth LID based on preliminary cost estimates. Petitioners' argument is incorrect, since the language of TMC 13.04.080 permits the City to assess for public improvements based on estimated costs. Petitioners correctly interpret language in TMC 13.04.080 as requiring the City to either engage a contractor for the improvements being assessed or to make a determination that the improvements will be made under the City's direct supervision. Petitioners then incorrectly leap to the conclusion that, if the City decides to engage a general contractor for the work to be 1 a4 done, it can only assess upon the acceptance of a bid and...the .i signing of an actual contract. Since the City, instead, relied on cost estimates prepared by R. A Wright, petitioners conclude that the City acted so arbitrarily as to .void the entire assessment process. Once again, petitioners cite to no authority for their position and, instead, rely solely on their interpretation of the following language from TMC 13.04.080: "Assessment. Upon signing a contract or upon a deter- mination by the city council to make the improvement under its own supervision by purchasing -the material and hiring labor, * * * the city council * * * shall direct the city engineer to apportion and assess the cost of making such improvement upon the lots, parts of lots and parcels of land within the assessment district in accordance with the special and peculiar benefits derived by each lot, part of lot and parcel of land. EXHIBIT I , pagesof 13 "If there is no contract let for the accomplishment of the work, the total estimate of the city engineer shall be considered to be the contract price for the improve- ment district. " Petitioners ' argument ignores the last portion of TMC 13. 04.080 which specifically authorizes assessments based upon estimates: "The city council shall consider the city engineer's estimates of assessments and all objections thereto filed with the city clerk, and without any further notice may adopt, correct, modify or revise the i proposed assessments, and shall determine the amount to be charged against each lot within the district according to the special and peculiar benefits t accruing thereto from the improvement." This section clearly authorizes the actions taken by the City in this case. 4 There sections of the Tigard Municipal Code provide the ` City with two options when assessing for public improvements to be constructed under contracts. The City can accept a contract _l e I for the improvement, and then assess based upon the total costs e contained in the contract. Alternatively, the City can direct its f. t engineer to prepare total estimates of the project's costs, and M assess based on these estimates. This process is called "preassessment." It is authorized by the quoted sections of TMC 13.04.080 and by state statute. ORS 223.389 allows a city to assess for public improvement "when the estimAted cost thereof is ascertained on the basis of the .contract award or city department costs. * * *" Under either ' provision, preassessment is adjusted when the final cost of the z project is known. In the case of the Dartmouth LID, the City / chose to rely on R. A. Wright's cost estimates for the project, EXHIBIT Pa6ve � of � 14 and assessed the affected properties under a formula based on these cost estimates. This course is permitted by TMC 13.04.080, and the City cannot be said to have acted arbitrarily by following this course of action. Viewed in the light most favorable to petitioners, these sections can only be argued to be ambiguous and subject to a variety of interpretations, including the one suggested by petitioners. The City, however, read them as allowing assessments based on preliminary cost estimates. When sections of a municipal code are ambiguous, the interepretation offered by the munici- pality will be entitled to great weight by reviewing courts. As the Court of Appeals stated in Bienz V. City of Dayton, 29 Or App 761, 776-777, 566 Ptd 904 (1977) : "In administrative law, we have generally held that it is the responsibility of the agency entrusted with the administration of a statute, rather than the courts, to fill the statutory interstices. * * * The same rule should apply in construing municipal ordinances. The city council is not only charged with administering the ordinance, but is the legislative authority from which the ordinance originates and thus is in a superior position to discern legislative intent. Here, we have an ambiguity in the ordinance. We defer to the city's resolution of that ambiguity where as here the city's construction is not contrary to the express terms of the ordinance. " (Citations omitted. ) See also, Fifth Avenue Corp. v. Washington Co. , 282 Or 591, 599, 581 P2d 50 (1978) . In 'the case at bar, the city council adopted assessments and entered them on the lien docket, following a construction which is not contrary 'to the express terms of the ordinance. In fact, this procedure is specifically authorized. Only the City's interpretation gives the full meaning to all sections of 13.04 .080 and, therefore, it is the more reasonable EXHIBIT I , page -7 of 15 interpretation_ The City complied with its established rules of `r procedure in adopting the assessments for the Dartmouth LID. B. The City is not required to make specific findings regarding objections to the proposed assessment plans. Petitioners allege that the City's failure to make adequate findings with respect to their objections to the proposed assessment plan renders "the assessment ordinance without legal effect. " (App Br at 27. ) This allegation is without merit, since the city council complied with the legal requirements for local improvement assessments. The formation of a local improvement district and the imposition of assessments to pay for it are legislative functions of local governments. As the Supreme Court stated in Boyle v_ City of Bend, 234 Or 91, 191, 380 P2d 625 (1963) : ,•, "There is no doubt that the power to determine whether • an improvement is to be made and that a ,tax will be imposed to meet the cost of. the improvement is a purely legislative matter." (Footnote omitted. ) s p See also, Stanley v. City of Salem, 247 Or 60„ 64, 427 P2d 406 (1967) , where-the court stated " ft]hat the scope of judicial s review in this area is limited." The• City isnot required to make specific. findings with regard to every objection raised, Hiransomboon v. City of Tigard, 35 Or, App. 595., 600, 587 Ptd 34 (1978) , so long as the assessment scheme is supported by "substantial evidence" in the record. ORS 34.040; Western Amusement Co. v. City o.f Springfield, 274 Or 37, 43, 545 P2d 592 (1976) • / Regarding the necessity of specific findings, the Oregon courts have distinguished between the legislative functions of f t EXHIBIT 1 , page ,? ®f -8 1 against other property owned by them for special benefits resulting 2 from the improvements- 3 4 CONCLUSION 5 There is no merit to any of the allegations raised by 6 petitioners concerning the formation of the Dartmouth Street LID 7 by the City of Tigard and the adoption of the assessment formula 8 to spread the costs among benefitted property owners. Respondents 9 ask the Court to expedite the proceedings and enter summary judgment 10 in favor of respondents. 11 Respectfully submitted, MM 12 O'DONNELL, SULLIVAN & RAMIS 13 14 By:. " 15 Steven L. f fer, OSB #8 453 Of Attorn s for Respondents 16 17 18 19 20 21 . ' 22 23 24 25 cage 3O - 'RESPONDENTS MOTION FOR SUMMARY JUDGMENT O'DOTatlElt,SUIIIVAN A RMAtS At N.W.sa!fo_ EXHIBIT •� page �� 9/��!8f /Jy 1727 N.W.Hoyt S,�eH Dor,to.d,O.epon 07709 1503)272.4402 C 1 estimates and a subsequent hearing without -any need for further 2 notice or any other step_ As another portion of the relevant Code 3 section seems to conflict with this particular language, and requires 4 a further step by the City before assessment, i_e. , signing a $ contract, it was then up 'to the City Council to discern the intent 6 underlying the Code section and interpret the section. in a manner 7 that reasonably accomplishes that intent. See. Fifth Ave. Corp. v. S Washington County, - supra. By adopting the assessment formula and . 9 assessment *roll ana entering the same in the lien docket of the City 10 after %considering the engineer's estimates and any objections filed 11 by the property .owners, without any further notice or other action, 12 Lhe City Council has made a reasonable interpretation of TMC 9 13 13..04. 080, supported by language in the section, in such a manner. , 14 as to further the intent of the framers-of that section as.. discerned L V 15 by the governing body.. Such an interpretation is entitled to great 16. deference by the court. The City did- not err in adopting Ordinance 17 No. 84-18, establ-ishing .the assessment formula. . 182'. The exclusion of certain property owners who were 19 included within the boundaries of the proposed LID from the 20 final LID and assessment "roll was not arbitrary, did not 21 violate the law •and was 'supported by substantial evidence In 22 the record. Pet.:, -.para. X(a) (2) , (c) _ - 23 The property. of three property owners was included - 24 ncluded -24 within the LID as proposed by the! engineer.; but excluded by the City 25 Council when the LID was formed by 'the adoption of Ordinance No. ^6 . 84=17_. 'A fourth property owner had the amount of his/her- property Pagc 19 - RESPONDENTS ' IdOTION FOR SUMMARY JUDGMENT O'[)ONNEII,SUIIIt to L RAMtS r�/ / page j 0 Atfo.neys at tow !`''J{`iF—ii •+( CJy 1727 N.W.Koyl St-1 Po 11 ted,10-2—972c" ! 1503)272.4407 1 included in the final LID substantially reduced from the original 2 proposal. Rec. at 77-80 (particularly 78) , 85, 88, 122-130_ The 3 City justified this exclusion on the grounds that these properties 4 were alread developed and would receive no benefit from improvements 5 constructed solely to allow the development of undeveloped properties. 6 Rec. at 78, 85, 88. Petitioners challenge the exclusion as arbitrary, 7 not supported by the evidence and unexplained in findings. Note that 8 petitioners' challenge specifically • relates to the adoption of 9 Ordinance No. 84-18, whereby. the City Council established the 10 assessment formula. Pet. , para. X. However, the exclusion of these 11 properties occurred at the time the LID was formed by the passage of 12 Ordinance No. 84-17. It is this portion of the LID process and the 13 particular ordinance wherein the City Council determines which 14 property is benefitted .or not benefitted. See ,Rec. at 77;--,TMC gum 15 §§ '13. 04.030-13. 04 . 060_ ELMO 16 , Assuming, however, that petitioners have raised a ! 17 proper challenge, _the City's action was not arbitrary. To the 1$ contrary, the City Council offered a rational reason, supported by 19 evidence in the record, for its determination -of a lack of benefit-- 20 the fact. that the subject properties were developed and would 21 receive no.. benefit, from a project that is intended solely to - allow 22 undeveloped property to be developed._ . Rec- at 78,. 85, 88- In 23 Vail V. City of Bandon; supra, 630 P2d at 1340-1344, the Court of 24 Appeals held that .a legislative scheme that distinguished bets'ieen 25 developed and undeveloped properties' in the content of improvement assessments was valid and not arbitrary. See also Clinkscales v. Pagc 20 - RESP0I4DENTS ' POTION FOR SUMM.ARY JUDGMENT p'OO f.itw.neys oVf tloIJw d I 1727 14.V-1.Hoyt St.cet EXHIBIT Ponlnd.Ocpo97700 page a of tcnn o».•..v. rr I City of Lake Oswego, 30 Or App 851, 568 P2d 696 (1977) wherein a 2 distinction between residential and commercial properties in the 3 context of local improvement assessments was upheld as rational. 4 The City's classification was not palpably arbitrary nor 5 . lacking in support from substantial evidence in the record. See .6 Western Amusement Co. v_ City of Springfield, supra, 545 P2d at 594, 7 quoting Gilbert v. City of Eugene, supra, 255 Or at 292; Hiransomboon c 8 v. City of Tigard., supra,. 582 P2d at 36. � .9 While the City is not required 'to make any specific 10 findings when authorizing an LID, such as findings responsive to 11 every objection raised by petitioners . (see Hiransomboon v. City of 12 Tigard, supra) , so long as substantive evidence in the record as a 13 whole supports the City' s decision, the City of Tigard did make a 14 finding relevant. to the exclusion of these property owners.. in 15 Ordinance No. 84-17, at section 5. Rec. at 78. 16 In conclusion, .the.City did not err in its decision 17 to exclude. certain property owners from the LID as formed and the 18 resulting assessment formula and assessment roll. 19 3. The City properly assessed each property owner on 20 the basis of special benefits to' be received- by each property 21 and did not err in assessing the total costs of the• project 22 against the benefitted 'property owners. Pet. , para. X(a) (3) , 23 .(a) (5) , (b) -24 Pet-' tibners allege that the City arbitrarily assessed 25 the total cost of the project against benefitted property. owners and did not assess based upon special benefit. To the contrary, the Pagc 21 - RESPONDENTS' MOTION FOR SUMMARY JUDGMENT pro.SMLIVAN W. i St page sof 8 1717 d W. ;Po 972 PoAiond.O.eOe^V7700 (503)777-u02 18 1. Determination of no benefit. Petitioners object to the City's removal of four properties from the final LID formation. (Actually, only three properties were completely removed. A fourth property had all but 10,000 sq. ft. removed. See Ordinance No. 84-17 (Rec at 77-79, especially 781 . In the following discussion, references E to "removal of properties" refers to the complete removal of the j three properties and the partial removal of the fourth property. ) j Petitioners argue that the council's decision to remove these i properties was "arbitrary and not in compliance with the City's stated criteria for determining benefit. " (App Br at 31. ) Contrary to petitioners' assertions, the City's action in removing these properties was rational and supported by no substantial evidence in the record. The city council determined that the subject properties were already developed and, thus, received no benefit from a project intended to enhance develop- ment of undeveloped property. (Rec at 85, 87, 88. ) Section 5 of Ordinance No. 84-17--the ordinance forming the Dartmouth LID-- excluded the properties by finding that they "are substantially developed and therefore receive no benefit." (Rec at 78. ) : This Court has held that distinguishing between developed and undeveloped properties for purposes of assessments is justified, Vail v. City of Bandon, 53 Or App 133, 139, 630 P2d 1.339 (1981) , and that a City's decision regarding such distinctions is subject only to the "minimal -rationality" test upon review. Id. The Nail case involved challenges to sewer district assessments by owners of unimproved real property. The city argued that the disparity was justified because the sewage EXHIBIT Q , page 4 of e f 11 NEI M BE= 19 facilities would be of greater benefit to unimproved land without existing sewage facilities, and that the potential for increase in the value of the unimproved land was greater than the potential for appreciation of already developed land, ultimately resulting in greater benefit to the unimproved land. The Court of Appeals ruled for the city, holding that " [w]e cannot say *** that these bases for assessing improved and unimproved property differently do not survive the minimum rationality test. " 53 Or App at 139. The "minimal rationality" test was outlined in another case involving legislative-type classifications for assessment purposes. In Wing v. City of Eugene, - supra, the city specially assessed for an off-street, downtown parking facility, and varied the assessments based on distance from the 'facility. In reviewing this classification scheme, the Supreme Court stated: MEMN " [I] t is only when such is arbitrary or unreasonable that the courts will strike down the attemped classi- fication [for purposes of assessment] . If there is a rational distinction between groups, if ,the classifi- cation has a reasonable relationship"'to the purpose for which it is made, it is valid." 249 Or at 374. In the case at bar,. the city council provided an adequate and rational reason for its decision to remove the four properties from the LID. The City's decision was not arbitrary and should not be disturbed upon judicial review. 2. Total cost of the LID. Contrary to petitioners' allegations, the City did not act arbitrarily by not reducing the projected total cost of the Dartmouth LID after learning that the State Highway Department intended to construct the improvements on Dartmouth Street between S. W. 68th and S. W. 69th Avenues. The notice of the EXHIBIT a , page f of S r 1 Council for consideration". memorandum at 2. Rather, the record L 2 demonstrates that such plans, specifications and estimates were 3 prepared by the City' s consulting engineer and presented to the 4 Council on February 13, 1984. Rec. 122-130, 131. Such materials, 5 which were also on file in the City Clerk's office, included a 6 detailed description of the proposed improvements, specifics esti- 7 mates as to the anticipated construction and related costs and a map 8 depicting the exact location of the improvements. Rec. 123-124, 130. 9 As to the technical construction specifications of such improvements 10 such as height -of curbs, thickness of pavement, type of permissible 11 street light standards, etc. , these standards, which are uniform as 12 to any such public facility within the City of Tigard, are always 13 available on file with Lhe Departmcnt of Public Works. 14 If Petitioners find these materials to be inadequate 15 under the terms and intent of TMC 13.04.030they offer no authority 16 for their position. Nor do they demonstrate or even allege that 17 such documents as were available to them somehow preclude the council oz 18 affected persons from making arr informed decision as to the appropri- 19 ateness or estimated cost of the project. Instead, Petitioners 20 simply deny the existence of these plans and specifications. Un- 21 fortunately, the record fails to support their claim. 22 Boundaries of LID 23 At pages 6-10 of their Memorandum, Petitioners allege that 24 Respondents' decision to exclude all or part of four properties from 25 the boundaries of the district is de facto arbitrary simply because 26 a future change of use is possible under the present plan and zone Page TWO — RESPONDENTS' REPLY TO PETITIONERS' MEMORANDUM OF LAW O•DONNIV..SIIILIVAN L RAMtS Attomeyf of Low _ 1777 N.W.Hot.'+t.eet °`�,�° O`°�97209Iso��m•4+o2 EX H I B IT page /, a e / of s I designations applicable to the parcels. As authority for their 2 position, Petitioners offer Kerr v. Hallett, 67 Or App 324, 677 P2d 3 1098 (1984) , rev. den. 297 Or 272 (1984) , which merely stands for 4 the proposition that a City' s reliance upon future potential use of 5 a parcel in its "benefit" equation was not arbitrary given the 6 deferential standard of review under Western Amusement. 7 The Court did not hold, however, that the City Council of Tigard or 8 any other city is bound to find the potential for a future change 9 of use dispositive of the question of both "benefit" . Indeed, the 10 thrust of the opinion, which relies heavily upon the rationale of 11 limited review set forth in Western Amusement, simply suggeststhat 12 the Medford City Council was free to consider "any reasonably anti- 13 cipated prospects for future use of the land" in its determination 14 of "special and peculiar benefits" . Supra, 67 Or App at 329. 15 Stated another way, the standard for this Court's oe le 16 review of Respondents' decision to exclude these four properties is 17 whether this decision was arbitrary and supported..by substantial 18 evidence in the record, not whether the subject properties could 19 support a different use in the future_ In this instance, the Council 20 offered a rational reason, supported by evidence in the record, for 21 its determination of a lack of benefit--the fact that the subject 22 properties were developed and will receive no benefit from a project 23 that is intended solely to allow undeveloped property to be developed. 24 Rec. at 78, 85, 88. This is all that is required under Western 25 Amusement and its progeny, including Kerr v_ Hallett, Supra. 26 Moreover, this specific -legislative scheme for determining Page THREE - RESPONDENTS' REPLY TO PETITIONERS' MEMORANDUM OF LAW O'OONNE1t,SUMVAN L RAWS At,.,—Vs of Low 1777 N.W.P*"Sheet Po�ff(503 0,-- ."97700 EXHIBIT a , page ,7 of 8 (SO71 727.4602 MOORE 1 benefit was declared valid and not ariuitrary by the Court of Appeals, 2 Vail v_ City of Bandon, 53 Or App 153, 630 Ptd 1339 (1981) : 3 "It is, of course, true that there is a separate aportionment of assessments upon improved and un- 4 improved properties and that the ordinance does predetermine that the amount of benefit ascribed 5 to unimproved property will be greater than the benefit to otherwise comparable developed property. 6 Those facts do not make the assessment formula violative of due process any more than they give rise 7 to an equal protection violation. The formula which ascribes greater benefit to unimproved than improved 8 property generally may properly applied by the City in determining the amount of benefit to particular 9 property without violating due process. " Id at 1343. 10 Indeed, it would be difficult for the Court to hold otherwise given 11 the uncertainty of whether a different use of the .parcel is in the 12 offing or even feasible, and whether such alternative use, even if 13 developed, would require additional access, and, thereby, receive 14 benefit from these specific improvements. For these reasons, 15 Respondents ' decision to exclude these four properties was neither 16 arbitrary nor lacking in evidentiary support in the record, and, 17 therefore, the Court should be very reluctant to interfere with this 18 determination. 19 Assessment of Cost 20 At pages 6-17 of their Memorandum, Petitioners- suggest that 21 specific costs of the improvement, including necessary insurance, 22 traffic signal improvements and. technical and administrative costs 23 associated with the project may not be assessed against benefji.ted 24 properties. Apparently, Petitioners object to Council's reliance 25 upon estimates of such costs, rather than actual cost figures to be 26 determined upon construction, despite the Council' s unquestionable Page FOUR - RESPONDENTS' REPLY TO PETITIONERS' MEMORANDUM OF LAW 0.001414EL(,SMLIVAN d PAMIS Attorneys.1 La 1727 N.W.Hop Street PortlOreg- 24, 97209 15031 EXHIBIT 4 , page V of (507 "24,02 f I City of Lake Oswego, 30 Or App 851, 568 Ptd 696 (1977) wherein a 2 distinction between residential and commercial properties in the 3 context of local improvement assessments was upheld as rational. 4 The City's classification was not palpably arbitrary nor .5 lacking in support from substantial evidence in the record. See .6 Western Amusement Co. v. City of Springfield, supra, 545 P2d at 594, 7 quoting Gilbert v. City of Eugene, supra, 255 Or at 292; Hiransomboon 8 v. City of Tigard., supra,. 582 P2d at 36. .9 While the City is not required 'to make any specific 10 findings when authorizing an LID, such as findings responsive to 11 every objection raised by petitioners . (see Hiransomboon v. City of saw 12 Tigard, supra) , so long as substantive evidence in the record as a 13 whole supports the City' s decision, the City of Tigard did make a 14 finding relevant to the exclusion of these property owners in IS Ordinance No. 84-17, at section 5. Rec. at 78. 16 In. conclusion, .the City did not err in its decision 17 to exclude. dertaxn property 'owners from the LID as formed and the 18 resulting assessment formula and assessment roll. 19 3. The City properly assessed each property owner on 20 the basis of special benefits to be received by each property 21 and did not err in assessing the total costs -of the project 22 against the benefitted 'property owners. Pet. , para.' X(a) (3) , 23 .(a) (5) , (b) •24 Petitioners allege that the City arbitrarily assessed 25 the total cost of the project against benefitted property. owners and 2( did not assess based upon special benefit_ To the contrary, the Page 21 — RESPONDENTS' MOTION FOR SUMMARY JUDGMENT oo 1;,2;,u.W«1Y11,LRJMIS EXHIBIT 3 , page of3 7.>•onKri o1 lo.+ 17n r+.W.I+c,n sheer Pmdend.0-9—97709 15031 977-4402 I City properly determined that the benefits of the improvements will 2 fall solely on certain properties placed within the boundaries of 3 the L` I�d, thus, equitably and rationally determined a formula for 4 spreading tRetotal cost of the improvements among those benefitted S properties. Again, it should be noted that the determination of the 6 local government as to who will be benefitted by local improvements 7 and to what extent is subject 'to only minimum scrutiny upon judicial 8 review. See .Western Amusement, supra. 9 Nothing precludes the city from assessing the total 10 cost of 'the improvements against the benefitted properties by an 11 assessment formula based upon such principles as area, location, 12 frontage, zones, etc. .Rather, assessing the total cost of the 13 improvements against the benefitted properties is a normal procedure. 14 See Montgomery Bros_ Construction, Inc , v City of CorvalLis, c - 1 34 Or App 785, 580 Ptd 190, 192;.(1978) , wherein the Court of Appeals 16 noted -that "the Supreme Court has stated that an' assessment must be 17 based* not only *on special benefit, but also upon total constKuction 18 costs assessed by benefit ratio 'to, the separate property affected," 19 ci_ tin% City of Stanfield v.' Burnett, 222 Or 427; 434, 353 Ptd 242 20 0.960) ,. overruled 'on' other grounds, Aloha Sanitary Dist. .v. Wilkens, 21 245 Or 40; 420 Ptd ,74 (1966) ..' 22 The City properly. adopted the engineer' s proposed 23 assessment. formula, spreading. the assessments. on the basis of square 24 - ' footage 'and. distance from the street improvements_ See Crocker v. 25 City of Albany, 241 Or 180, 405 Ptd 364 (1965) (calculation of 2� benefits by area is. proper) . See also Local Government, OSB CLE, Page 22 - RESPONDENTS ' MOTION FOR SUMMARY JUDGMENT O'iYJNNEiI,SULLIVAN L RA/u,f2 1727 N. EXHIBIT 3 o,low page of .3 L'J.Hoy,S,.eN 1(Q7,272-4402 i 1 §§ 10. 29 (cost allocation by zone) , 10.30 (cost allocation by area) - 2 The engineer' s assessment formula was based upon plausible and 3 rational reasoning, supported by evidence in the record and not 4 contrary to law. See Rec. at 59-6Q, 124-126, 128, 130. See also 5 Rec. at 32-35, 77-80, 85-88, 98. 6 Accepting petitioners' argument would mean that the 7 only possible assessment would be on the basis of an increase in 8 fair market value of the property benefitted. If an increase in 9 value of all the properties within the district did not equal the 10 total cost of the improvements, the City would have to cover the 11 difference. Such is not the practice nor the law in Oregon. MGM 12 In sum, the City did not err and did not act arbitraril: 13 in adopting the particular assessment formula and assessing the total 14 cost of the project against .the benefitted properties within the LID. IS 4. The assessment formula was not based upon mistake 16 or r inaccurate assumptions. Pet.:, -para. X(a) (4) ; (e) . 17 Petitioners allege that the assessment formula adopted 18 by the City assumes that the .petitioners will sell certain lands* to 19 another property owner within the LID, 'that this assumption is wrong, ' - 20. . and that the assessment formula and assessment roll is. thereby 22 incorrect in t:tis .regard_ •22 In his report, the engineer pointed out to the City 23 and to the affected. property owners that once the right-of-way was 24acquired by the City, the petitioners would be left with a sliver 25 of land separated from their other property by the right-of-way. ' This "sliver" might be useless to the petitioners if retained, • Pagc 23 — RESPONDENTSMOTION FOR SU14MARY JUDGMENT o'ooNU ".W.".Y1+c awnu EXE 1 g IT .3 page 3 of 3 An._Y%of to.+ 1727 N.W.Hoyt sheet Po.tio..d•O-Q..97709 �SO71 7224402 1 §§ 10.29 (cost allocation by zone) , 10.30 (cost allocation by area) . 2 The engineer' s assessment formula was rased upon plausible and 3 rational reasoning, supported by evidence in the record and not 4 contrary to law. See Rec. at 59-60, 124-126, 128, 130. See also 5 Rec. at 32-35, 77-80, 85-88, 98. 6 Accepting petitioners' argument would mean that the 7 only possible assessment would be on the basis of an increase in 8 fair market value of the property benefitted. If an increase in 9 value of all the properties within the district did not equal the 20 total cost of the improvements, the City would have to cover the 11 difference. Such is not the practice nor the law in Oregon. 12 In sum, the City did not err and did not act arbitraril} 13 'in adopting the particular assessment- formula and assessing the total 14 cost of the project against the benefitted properties within the LID_ 15 4. The assessment formula was not based upon mistake 16 or inaccurate assumptions. Pet.:, -para_ •X(a) (4) , (e) . 17 Petitioners allege that the assessment formula adopted 18 by the City assumes that the petitioners will sell certain lands' to 19 another property owner within the LID, 'that this assumption is wrong, 20 and that the assessment formula and assessment roll is thereby 21 incorrect in this regard. 22 In his report, ' the 'engineer pointed out to the City 23 and to the affected. property owners that once the right-of-way was 24 acquired by the City, the petitioners would be left with a sliver 25 of land separated from their other property by the rivjht-of-way. This "sliver" might be useless to the petitioners if retained, Page 23 - RESPONDENTS' MOTION FOR SUMMARY JUDGMENT O'O1727l.suttivAm W.RO,SdaAMIS EXHIBIT , page 1! of 1 lrto•r.eW of Law 1727 N.W.Hoyt Silaet Pont—d.0097209 15031 722-4402 ' I yet would then be of value to the property owner adjacent to the 2 "sliver, " Homer Williams. Thus, the engineer recommended to the 3 City that the City facilitate a likely transaction by arranging for 4 the sale of the property from Martin to Williams. One mechanism 5 suggested by the engineer was that the City condemn the petitioners' 6 "sliver" as well as the right-of-way through their lands and then 7 trade the "sliver" to Williams in exchange for land needed. from a Williams for .the right-of-way. Rec. at 126. 9 A decision by the petitioners to sell or not sell 10 the "sliver" -to Williams will not affect the total cost of the 11 property to be acquired for the project, nor affect the assessment 12 formula. The Ci Ly leas clescriLea cei Lain properL-y that muot be 13 acquired for the right-of-way and only that property will be acquired 14 by the expenditure of- LID money..' 'If the City does expend money to 15 acquire petitioners' "sliver,". 'it will only be to trade that property 16 to.Williams in lieu of .using' that money to purchase right-of-way from 17 Williams. If .the. City does not acquire the "sliver" from petitioners, 18 it will simply pay the money to Williams for the right-of-way portion 19 across his land. In essence, the City *will facilitate a transaction 20 that should occur in the marketplace only if 3.t will be of benefit 21 to the formation of the improvement district -and- the construction .22 of the improvements and will not otherwise affect the project:--or 23 its cost_ _ 24• Itis true that. if the transaction between petitioners 25 and Williams .never .goes through, the assessment roll,;'upon completion 26 of the project, will have 'to' be slightly adjusted_ This is because 1'agc 24 - RESPONDENTS' MOTION FOR SUMMARY JUDGMENT ) O.00NNF 14 W."*Y1 J 1 ttnMtS EXHIBIT �f �� f page � � ®� W 1717 N.W.Nom 9720') Pont` 'a j!A02 1 this piece of property will remain in petitioners' ownership rather 2 than move to Williams' ownership as anticipated by the engineer. 3 As the apportioned assessments follow the property, the assessment 4 to petitioners would 'include the amount apportioned to the "sliver" S with a corresponding reduction in Williams' assessment_ Tigard' s 6 Municipal Code and the state statutes provide for such adjustments 1 'in the final assessments to each affected property owner (either up 8 or down) based upon a final determination of actual costs, etc. 9. TMC S .13.04.080; ORS 223.395. The -formation of the LID and the 10 assessment of costs cannot be invalidated solely because the 11 final determination of costs and assessments differs from the 12 estimates as long as the underlying premise of the project remai..-, 13 consistent and valid. 14 in addition, petitioners allege an impropriety in 15 the assessment .formula. due.-to the inclusion of costs of construction 1G of Dartmouth Street. between 68th and 69th Avenues when. -it appears 17 that the State of .Oregon will construct that portion of Dartmouth 18 Street.' The- engineer's original assessment of costs included an 19 amount for construction-of ."this small portion of the street between 20 68th and 69th Avenues, amounting .to 'approximately four percent of 21 the• street construction cost. Rec.- at 122-130. At .the March 261-.' 22 1984'City Council meeting .(which •concerned the-.formation of `the LID 23 by 'the adoption of .Ordinance No. 84-17; again petitioners have 24 . . attacked the wrong ordinance) , the engineer stated that he learned • 25 that day that ' the State highway. Department was going' -to construct 2F the improvements on Dartmouth Street from 68th Avenue to . 69th Avenue. Page 25- - RESPONDENTS ' MOTION FOR SUMMARY' JUDGMENT o 1727.W."VISI-ef EXHIBIT �, page 3 of At+oroep of low 1717 7'W.Hoyt S+teet Fomlond.07 97709 15031 777•4s07 20 state's intentions in this area was received by R. A. Wright, the project engineer, on March 26, 1984, the same day that the city council heard and considered public testimony regarding the formation of the Dartmouth LID. (Rec at 85. ) The construction of this part of Dartmouth Street amounted to approximately four percent of the project's total cost, and the city council chose not to delete this amount from the total assessable cost of the project. (Rec at 88. ) The decision by the city council to include the cost of improvements to this small section of Dartmouth Street was rational and not arbitrary. The "commitment" from the State Highway Department was informal and was received at a late date in the LID formation process. The council chose to retain the original cost estimates for the Dartmouth LID as a margin tui error and await a more official confirmation of the state' s intentions. This decision cannot be held to have been arbitrary =s or unreasonable under the circumstances. Furthermore, TMC 13.04.080 provides for adjustments to the assessments based on a final determination of actual costs. If the State Highway Department does, in fact, construct the portion of Dartmouth Street between S. W. 68th and S. W. 69th Avenues, each property owner's assessment will be reduced accordingly, since the final cost of -the project will be slightly lower than that. originally estimated. (3) Acquistion Costs. Petitioners challenge the assessments for the Dartmouth LID by alleging that the City, wrongfully included costs of ! obtaining land from the petitioners. The land in question was EXHIBIT 4, Page q- ®f 6 21 a small parcel belonging to petitioners on the north side of the proposed route of Dartmouth Street. The right of way would isolate this parcel from the rest of petitioners' property, rendering it of no value to petitioners. The land would, however, be of value to the adjacent property owner, Homer Williams. The City' s engineer recommended that the City facilitate a likely transaction by arranging for the sale of the property from petitioners to Williams. (Rec at 126. ) The engineer suggested a mechanism to accomplish this by condemning the small parcel and then trading it to Williams in exchange for land needed from Williams for the right of way. This plan would not have affected the total property acquisition costs for the Dartmouth LID, since any money expended to acquire the small parcel from petitioners would ultimately be recouped, since that parcel would be traded to Homer Williams in exchange for land needed from him for the i right of way, saving additional acquisition costs. Petitioners argue that the City erroneously continued to carry forward the purchase-sale of petitioners' property, despite having been informed by their counsel (Rec at 48) that petitioners would not accede to the City's plan. Petitioners argument is without merit since the project's total cost would not be affected whether or not the proposed transaction was accepted. If the transaction between petitioners and Williams is never completed, the assessment roll will have to be slightly adjusted upon completion of the project. This is because petitioners will have to pay the assessment for the small parcel on the north side of the proposed route, rather than. Williams as EXHIBIT f, page -5-of � 22 f anticipated by the engineer. As previously discussed, TMC 13. 04.080 permits adjustments to assessments after the completion of the project. in addition, the formation of the LID and the assessment of costs cannot be invalidated solely because the final determination of costs and assessments differ from the original. estimates, so long as the underlying premise of the project remains consistent and valid. Crocker v. City of Albany. 241 Or 180, 195, 405 P2d 364 (1965) . s CONCLUSION For the above-stated reasons, the decision of the circuit court should be affirmed in all respects. t Respectfully submitted, O'DONNELL, RAMIS, ELLIOTT & CREW f By: a thy V. , OSB No. 75311 Of Attorneys for Respondents Y Y 2 E EXHIBIT * , page L of I the cost saved because the City does not have to construct that 2 portion of Dartmouth Street. Such a determination by the City 3 Council to preserve a margin for error in this matter is not arbitrary 4 or irrational and not a reason for invalidating the adoption of the 5 assessment formula by Ordinance Do. 84-18. 6 In conclusion, the Council proceeded to adopt the 7 assessment formula and Ordinance No. 84-18 in full awareness of the 8 facts, 'acted rationally in response to the facts and based the 9 resulting assessment formula and assessment roll upon accurate 10 assumptions and facts and not upon mistake. 11 S. . It was not unconstitutional for the City of Tigard 12 to adopt an assessment formula that included, as part of the 13 total cost of the project to be assessed against benefitted 14 Property owners, -the costs of condemnation of property. owned__ 15 by property. owners within the district. Pet. , para. X(a) (6) , 16 (f) . _ 17 Petitioners allege that it is unconstitutional for the is City to condemn property owned by petitioners for street right-of- 1 19 way, include the costs of this condemnation in the total cost of the 20 project and assess each property owner in 'the district a portion of 21 the total cost, including an assessment of a portion of the cost of t 22 condemnation. of petitioners' -property against petitioners' remaining 23 property.: Petitioners allege that such an action amounts to a 24 taking of private property without just. compensation in violation ' 25 of Article I, . Sec tion 18 of the the Oregon Constitution. Factually .and legally, petitioners' argument makes Page 27 - RESPONDENTS'. IMOTION FOR SUW4ARY JUDGMENT f OO L RA AtS A"O_Vs of Low 1 1717KW.".InSfr<e r,nte.a,o<pw 97209 EXHIBITS , page e� � F 1507)272.4402 vim I no sense, because the two events--condemnation and assessment--are 2 not related. Petitioners will be fully compensated for the 3 property that is taken from them in accordance with the constitutional 4 requirement. Property owned by the petitioners after formation of 5 the LID and construction of the improvements will be specially 6 benefitted by the improvements. Petitioners must pay their share of 7 the costs of the improvements yielding the. benefit. If petitioners 8 had no property taken from them, they would simply be paying their 9 fair share of the costs of condemning the property necessary for the 10 improvements. As they will have some property appropriated for 11 right-of-way, petitioners will still pay their fair snare of the 12 costs of the condemnation of all of the property necessary for the 13 improvements; petitioners will also receive full compensation for # 14 any property taken from. them in a wholly distinct transaction. 15 As was stated in City of Eugene v. Wiley, supra, 16 225 Or -at 328-329., "Proceedings for condemnation are entirely distinct 17 and separate from proceedings" for assessment... . [The condemnation] 18 action .is entirely- independent from proceedings which may taken to 19 assess the cost of improvements to the property owners who will . 20 receive the benefit of them..-" In City of Eugene v- Wiley., ,property 21 owners had a portion of their property condemned for a sewer easement_ 22 The property owners claimed that the damages in the condemnation 23 action must include the prospective assessment. . The Supreme Court 24 declined to. so 'hold," quoting from City. of Lincoln v_ Idarshall, 25 161 Neb 680, .684-685,. 74 NW2d 470, 472-473 (1956) the- following' rule relevant to. this proceeding= Pagc 28 - RESPONDENTS ' MOTION FOR SUMMARY JUDGMENT O'DOI4Nfli,SUUIVhN d�� EX H I S I T S, � page Q of 1727 N..v.Hoytcy,svee, 10A10.d,W.0-90,97709 41031 727."OY f I "The assessment of benefits for future public improvements is a separate proceeding from the 2 condemnation of the land for a public purpose and has no .relation thereto. The benefits repro- 3 sented by the special assessments must be paid for by the condemnee in the same manner and in the same 4 proportion as other property owners benefitted by the improvement_ To permit their recovery as 5 part of the damages in the condemnation pro- ceeding would in effect constitute a payment of ` 6 the benefit by the city and not the property owner as the law requires. The condemnee would 7 thereby be favored by escaping the payment for benefits which other property owners, benefitted 8 by the improvement, are required to pay. Such a discrimination in favor of condemnee has no 9 standing in law. " • Id. , 225 Or at 329-330. 10 In this case, if the petitioners did not pay that 11 share of the total cost resulting in benefit to their property in 12 an amount equivalent to their portion of the costs of condemning 13 other property originally owned by them, then 'the City (or other 14 affected property owners) would be paying for the benefits and not 15 the petitioners as Oregon law requires. The only restriction on the s 16 City of Tigard is that the amount awarded to petitioners in the f 17 condemnation -proceeding cannot be offset i.n that condemnation 18 proceecling 1 .1r. ar.y manner by special benefits received'by 'the property a 19 owner as a result of the improvements, as the special benefits .will 20 will be assessed against the property. owners in a distinct and 21 separate proceeding_ . See City of Baldwin Park v. Stoskus, 8 Cal 3d 22. -563, 105 Cal Rptr 325, 503 P2d 1333 (19.73) ; !Local Government;: OSB CLE, 23 5 11. 12 24 In conclusion, petitioners have suffered no depri-va- 25 tion of constitutional rights as a •result of the proposed condemna- tion of their property and the separate and distinct 'assessment Page 29 - RESPONDENTS' MOTION FOR SUMMARY JUDGMENT O'DOtttiEtl,Sl1lliVf,N L RAMIS W.Hoye StreEXHIBIT ar page .3 of 1727 N.WW. N � Portland,0-9—97709 1507;222-4402 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1987 DATE SUBMITTED: September 21, 1987 ISSUE/AGENDA TITLE: Irvington More PREVIOUS ACTION: Council Approval Temporary Use. (TU 6-85/TU 9-86) PREPARED BY: Keith Liden DEP-f HEAD OK CITY ADMIN OKLREQUES-IED BY: POLICY ISSUE. INFORMATION SUMMARY Irvington Moore has requested extended use of two mobile office buildings. Three options available to th(" City are doscribod in tho attached memo. ALIERNAT CONSIDE'RE 1) .......... ........ ............ 1. Diroct staff and Irvington Moore to prepare a temporary use extension and variance application to allow more than one time oxt(.,rision of one yoar. 2. Direct staff to only procos-3 a temporary use extension for the second office established last year. 3. Direct staff to work with the applicant to establish the office permanently and to process the necessary permits. f. FISCAL IMPACT SUGGESTED ACTION Direct staff to establish the offices as permanent rather than temporary uses. sb/1005D 3 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council September• 21, 1987 FROM: Keith L_iden, Senior Planner ' SUBJECT: Irvington Moore Temporary Officer: (-Itl 6..85/1CI 9--86) Irvington Moore has requested a continuation of the use of two temporary office buildings. A one year• extension for an existing office and a Tempor•ar•y i Use approval for a second office for a one year• poriod (TU 9--86) wor•o grant.od by Council last year. These approvals have recently expired . Th(a staff would suggest that thero ar•e throo alternatives available Co doal with this situation: 1 . Review an extension regUeSt of one year• for• tho office that received temporary use approval for• the first time last year•. 2. Review an extension request for• the offj.ce that: received a tonspar•ar•y use approval in 1985 and an extension in 1986 along with a var•ianco to grant more than one extension. F, 3. Analyze the feasibility of establishing the mobile offices permanontly. Mobile or• modular officos are permitted in the I--L- zone_ and the Community Development Department can determine the necessary Planning and Building permits that must be obtained. sb/1005D r jjg I RISE III IS I i t• :ggfi E. A x 4 R a.r E it CORPORATION Developers&Contractors September 21, 1987 3030 S W Moody Avenue Portland,OR 97201-4897 503222.2000 City Council City of Tigard 12755 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Tigard Towne Square Project S.W. Durham Road and Pacific Hwy. City Council: As developer and general contractor for this major development, we have been in constant contact with a number of the neighbors near the project. I would like to present- some of the items that we Now have been involvcd in addressing concerns of the neighbors. 1. We resolved a problem with the Brownsons. They had to go to Australia immediately after the closing of their property. u They had purchased another home and needed to move their belongings and were having trouble finding an appraiser to inventory the belongings. In addition to compensating the Brownsons financially, we found an appraiser that could meet their time requirements. 2. We moved personal belongings, pole barns and a house trailer for the Randalls' at our expense. 3 . We are dedicating a portion of our south property to Royal Villa Mobile Home Court so that the residents who border our project will be able to keep their landscaping and yards that they were maintaining on our property. The property dedication is 20' wide in some areas. We helped move a cinder block garden for one resident, and helped move shrubbery for others. We hired an arborist to look at the trees along the mobile home boundary to make sure that the trees left were healthy trees that were safe to leave. 4. We tapped the artesian well on our property and piped it to our neighbors to the south, Mr. and Mrs. Meskel. They will use the water for their livestock. Portland/Seattle City of Tigard City Council September 21, 1987 Page 2 5. We built an entry road to the Meskel property that now has a new culvert under it and is better than what they had before we started our development. * 6. We've had several meetings with the Benz, Steel and Foster families on 113th to discuss arrangements to replace the culvert under 113th. We have reached an agreement with the Benz family on the surveying and installation. It won't be necessary to enter the Foster property for the installation, but Mr. Foster wants the larger culvert. 7. We have installed temporary asphalt at the end of 113th at Durham Road for easy access onto Durham for the residents on 113th and for public vehicles such as police, fire and mail delivery. This temporary paving will have to be removed when it is time to do the permanent- road work on Durham. This effort was appreciated by the Steels. Mr. Steel called our firm to tell us that the asphalt ramp on 113th was a good idea and thanked us for doing it. We have taken numerous phone calls from the surrounding neighbors and have tried to meet their wishes when feasible. We want to be a good neighbor and an asset to the neighborhood. We do need to pave the shopping center lot as soon as possible and especially prior to the rainy season. We have taken precautions to maintain clean water runoff from our project. We are committed to installing the culvert on 113th. It has been calculated by Westech Engineering that for the limited time between paving in September and adding the culvert in October or November there would be minimal risk to the downstream properties. We appreciate your consideration in this matter and hope you can see by this letter we do care about our neighbors. We will also have to "live" at 16200 S.W. Pacific Highway for many years to come so we do want to have a good relationship with the neighbors surrounding our property and with the City of Tigard. Sincerely, Gerald M. Foy Director of Development Projects GMF/dg * See attached agreement between the Benz family and Westwood Corporation. 's 3 CORPORATION p&&*pm&Cmractors September 21, 1987 3030S.W Moody Avenue Portland,OR 97201 4897 5031222-2000 r G Mr. Fred S. Benz, P.E. FSB Enterprises, Inc. P.O. Box 230029 Tigard, Oregon 97223 Dear Fred: This letter will confirm our September 19, 1987, conversation t hereby regarding culvert improvements at SW 113th. Your family y grants permissiono Westwoodcuovertainstallationlaserequired.the The topographic surveys and the conditions of this approval are as follows: } 1. Westwood arees to Avenueeculvertwingtallati reconstction conditions regarding t a. The existing wood and woven wire fence is to be removed prior to construction, stockpiled in a secure location, c and replaced to an equal orthebetter Benz condition forupon a 4 completion of construction by consideration of $112. b. The minimum amount of hedge possible is to be removed for c this activity. The hedge is to be replaced when the fall rains begin. Plants will be new starts matching existing type, as required. s out C. A temporary fence is to be installed to keep the dogs of the construction area. d. No construction activity will be allowed in the area of the pump house and irrigation system. e. The design of the culvert: with a seep ring is to be as high as possible to allow for minimal impacts to the :, property. f. Tie all trees down during topographic survey and provide for a design which has minimal impact to the trees. All trees are to be saved to the maximum extent possible. Any PoRlandisea111e Mr. Fred S. Benz, P.E. September 21, 1987 Page 2 trees to be removed shall be cut off at the base & stumps to remain. Trees shall be left for the Benz after limb removal and limbs to be removed from the site. 62 g. Ripran ulvert outlet to revent erosion. Fk-0.,4 o.1'4tiE-`� °� � h. Provide oil Mercadam Road equal to or better than existing roadway from the end of pavement at the existing roadway to the end of dedicated road bed at the Foster mail box. 2. Westwood Corporation and Albertsons agrees to reimburse the Benzs in the amount of $3,765 for the following expenses: a. Attorneys Fees $2, 300 b. Dam Modification Improvements $1, 000 C. Testing Laboratory Fees $ 465 (Copy of results to be provided to Westwood by Benz. ) In consideration for all the above, the Benz's agree to the following: 1. The changes are acceptable assuming the lot, catch basins and storm sewer system are maintained as agreed to previously by Westwood Corporation per the attached letter. 2. The Benzs will assist Westwood Corporation in fielding questions from the neighbors with specific regards to the 113th e culvert, the necessary road c asure and public e-O-"V,1o., ,cw notif ication process. The Benz's assistance 1 is imperative � assist in communicating to the neighbors to ensure the project ,M �14"0f• �O is not delayed unnecessarily because of misunderstandings, & ft C4 objections to the project, etc. 3. t r W two �oilra, n A 3ac�ity oit v a\Vk. �` 'a re a d r t ur w 'ch et 1 2 (L t r .n e z e y. ,r • 1� l�' All parties agree to not disclose any of the above information to other outside parties. If this agreement is acceptable, please sign and return one copy to our office. ac.�`S1S�ntiLE Mf- KKs Sc.,,. (-, P'c,-Y) r,/a- ,• ^ ACC-f- i w►S. ) !UF t t, �O2S l •� R 6- Mr. Fred S. Benz, P.E. September 21, 1987 Page 3 I want to thank you Fred, for your assistance and cooperation in resolving this matter. I feel very comfortable with the agreement we have reached and hope that if you have any questions or concerns regarding the project, you will feel free to call to discus's this matter. Sincerely, WES OOD CORPORATION Gerald M. Foy Director of Development Projects GMF/dg cc: Westech Engineering AGREED AND ACCEPTED: By: Fn M tiro r fftn 9 Fred S. Benz, P.E. By. ga t E. Benz By: George U.0 . nz By: Gerald M. Foy Westwood Corporation By: Don Duncombe Albertsons S- DATED this al day of September, 1987. CORPORATION l - Developers&Contractors 3030 S.W.Moody Avww j Penland.OR 97201-4897 503/222-2000 MAINTENANCE FORMAT i TIGARD TOWNE SQUARE i s September 21, 1987 i t 1. Sweep the parking lot a minimum of once a week. { 2. Clean out the catch basins twice a year; once in the fall and once in the spring. 3. There will be a landscape maintenance agreement establishing times and work description once the landscaping is installed. 4. Clean the baffle in the sand oil separators twice a year or as needed. k Definition of a Mercadam Road: Oil mat, 1 layer of crushed rock, then another oil mat and } layer of crushed rock. r i' Px"..and/Seaafe r . O TIGARD CITY COUNCIL September 28, 1987 BENEFITS OF PAVING PARKING LOT AT TIGARD TOWNE SQUARE 1. Eliminates siltation in drainage way from parking lot to downstream properties. 2. Keeps all streets clean of mud and debris created by construction traffic. 3. Allows access across site during Durham Road closure 4. Allows for controlling storm water runoff into onsite collection system. 5. Prevents free flow runoff across site to neighboring properties. 6. Prevents contamination of rock base. IMACT OF PAVING TIGARD TOWNE SQUARE 1. Paving will increase water surface elevation at culvert only 2 1/2 inches in a twenty-five year storm. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1987 DATE SUBMITTED: September 21, 1987 ISSUE/AGENDA TITLE: TMC Amendment PREVIOUS ACTION: Theft II & III PREPARED BY: Loreen Wilson DEPT HEAD O ,1 CITY ADMIN 0 tL/'l REQUESTED BY: Loreen Wilson .. ................ ......... ............ ....................... �VOLICY ISSUE Should the Tigard City Council amend the Tigard Municipal Code to be in conformance with recent State legislative changes? INFORMATION SUMMARY During the 1987 legislative session, many laws were changed which will require amendments to the Tigard Municipal Code. One of those changes was a revision to the laws relating to theft. The theft law now modifies Theft Il offenses as those over $50.00 in total value of the property. Theft III is a new category which covers the value of property up to $49.99. The attachod ordinanco would bring tho lig,Ard Municipal Code into conformance with state law. ALTERNATIVE,,; CONSIDER17 D 1 . Adopt the attached ordinance to amend the IMC. 2. Take no action at this time. This would risk challenge of the theft cases in Municipal Court. FISCAL IMPACT 1. May change fines received through Municipal Court. However, with the amount of uncollected fines experienced in the theft categories this change may be a positive in enhancing collection efforts. 2. Would definitely see a downturn in fines received through Municipal Court since we would riot be hearing many theft cases. Most would be challenged and dismissed due to TMC language difficulties. SUGGESTED ACTION Alternative 0 Motion to adopt the ordinance. lt-j/0991D g CITY OF TIGARD, _OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1987 DATE SUBMITTED: September 28, 1987 �— ISSUE/AGENDA TITLE: Park_ in _g PREVIOUS ACTION: Ordinance ChanPREPARED BY: David C. Lehr REQUESTED BY: David C. Lehr DEPT HEAD OK ITY ADMIN OREK Q _ POLICY 1SSUE Whether the City should provide additional parking spaces for special events, alleviating parking problems in residential areas around the high school. INFORMATION SUMMARY On January 12, 1987, the Tigard City Council banned, by ordinance, parking on n 92nd Avenue on a 7 dray a week, 24 hour a day basis. The ordinance was passed at the request of area residents arid upun recommendation of the City Engineer and Chief of Police. As the Council knows, prirk ing in the esidential areas udents during the day arid by soccer around the high school by st tans at night and on weekends continues i:o be a problem. In order to provide additional parking out of the residential <areas for special events, staff recommends a change in the or-dinance to 7:00 AM.L 7:00 LM, Monday tdur•ing rouqh Friday . This should meet thea safety nec_ds p ' edy daylight comirrutor hours arid still provide additional parking spaces out of the residential areas for special events. ALTERNATIVES CONSIDL:P.L'D 1, pass the proposed ordinance FISCAL. IMPACT SUGGESTED ACTION 1. Staff recommends alternative H1. c s/109?_D C IS A ESIME CI:T'Y OF TIGARD, OREGON ORDINANCE NO. 87- AN ORDINANCE AMENDING TMC 10.28. 125 AND 10.28. 130 MODIFYING PARKING PROHIBITION ON A PORTION OF SW 92ND AVENUE, FIXING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. WHEREAS, TMC 10.28. 130(60) prohibits parking at any time on a certain portion of SW 92nd Avenue; and WHEREAS, the Tigard City Council has heard concerns from citizens and the Chief of Police regarding enforcement problems in the area, especially relating to special event parking during the evenings. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 : TMC Section 10.28. 130(60) designating prohibited parking along the westerly -� portion of 92nd Avenue is hereby repealed. Further subsection (61) of that section shall be renumbered as (60) . Section 2: TMC Section 10.28. 125 "Specified Period Restrictions" shall be amended by adding a new subsection (4) as follows : "Between the hours of seven AM and seven PM, Monday-Friday, within the west half of the right-•of--way of SW 92nd Avenue, beginning ,it. the intersection thereof with the south right--of--way line of SW Durham Road; thence, extending southerly one thousand four hundred fifty feet. Section 3: Inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that; this amendment be made with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage by the Council, appruval by the Mayor, and posting by the City Recorder. PASSED: By _(�t�,¢r, _ vote of all Council members present after being read by number and title only, this --- day of 1987' Loreen R. Wilson,-City Recorder -' APPROVED: This _ day of 1987. Thomas M. Brian, Mayor Approved as to form: City Attorney Date sb/1081D ORDINANCE NO. 87- Page 1 CITYOFTIFARD September 28, 1987 OREGON Mr. Michael Stanbro 14025 S.W. 164th Street Tigard, OR 97224 Dear Mr. Stanbro: Thank you for your letter of September 21, 1987. It was very timely as Council will be considering an Ordinance tonight amending the parking restrictions along 92nd. I attempted to call you so you could testify, but could not get a phone number. I have forwarded your letter to Council. The original parking restrictions were placed at the request of neighbors in the 92nd area whose yards were repeatedly trampled and driveways blocked by large stadium event crowds and High School students parking off campus. The City has struggled to find a balance between the parking needs of those using the High School facilities and the livability of adjacent neighborhoods. As to the disposition of traffic citations in the area, I am not sure what action Council may take. If the Ordinance is amended, I will recommend converting the citations into warnings consistent with the intent of the new Ordinance. Your letter has been forwarded to the Municipal Judge for his review. With all of Tigard's rapid growth came some growing pains. Hopefully we'll never get so big as to not be able to review individual citizen concerns like yours in a timely way. Thank you for your letter. It may help us find a more workable solution for all. Yours truly, R ber Jean City ministrator cc: Honorable Mayor and City Council David C. Lehr, Chief of Police Municipal Court Judge r 13125 SW Hail Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (W3)639-4171 t t 9/21/87 Michael Stanbro 14025 SW 164th St. Tigard, OR 97224 Mr. Bob Jean Tigard City Administrator P.O. Box 23397 Tigard. OR 97223 Dear Mr Jean: for rking on Last Saturday (9/1nd Which iswas su jacen{etoythe°TigardrHigh eSchool nthe athletic West side of SW 92 field. My son is involved with the Tigard Soccer C1��bLeatsyearhwe parkedin the games held at Tigard High School every Saturday. ered the aforementioned locatioetsforrparkingal sin thogsameine mY shock locationwthislyearlovMany that I had received a thereas in others r.,ceivedahe sam el5110ckaiblethatwas many nasra hundred motoristseparked this areal It i ing nd cause in this area during the course ofthe mosncomeaend Oolquicklynnnd.theeperking the games are only an hour long, turnover is very high. f Tigerd'a intentions are by issuing these parking I em curious what the City o citations . .• If it is intended to eliminate parking in this area, I submit that a simple warning would be sufficient for the maJority of People- Because of the re- zoning, most of the motorists are not aware of their violations and are simply habit. A warning message that explained the change in parking there out of the parking zone would be sufficiont. I realize theForhthosewthat chooaemtol number of motorists that would ignore the warning. riete.• ignore it . citations later on in the season would be entirely appropriate.. If it is intended to profit from this change by taking advantage of people's habits and general lack of awareness , I think it stinks. Furthermore, I am outraged by the amount of the fine. I feel that twenty-one dollars is both ludicrous and e�oaunto°violatecity perkingPortland ordinancorinstan Tigard7dollars. Is it somehow a g0 I plan to organize additional support against this public abuse by attaching flyersto the windshields of cars parked in this area for the next few weeks. I feel safe in assuming that there are going to be a lot more angry people dust like sincerely equally outragedthat citizensCity of Tigard's office is swamped with comments from 9/21/87 Michael Stanbro 14025 SW 164th St. Tigard, OR 97224 Mr. Bob Jean Tigard City Administrator P.O. Box 23397 Tigard, OR 97223 Dear Mr Jean: Last Saturday (9/19) I was issued a twenty-one dollar fine for parking on the West side of SW 92nd which is adjacent to the Tigard High School athletic field. My son is involved with the Tigard Soccer Club. As such, we attend the games held at Tigard High School every Saturday. Last year we parked in the aforementioned location several times. Imagine my shock when I discovered that I had received a ticket for parking in the same location this yearl Many others received the same shock as there was an entire line of cars parked in this areal It is entirely possible that as many as a hundred motorists parked in this area during the course of the morning and early afternoon. Because the games are only an hour long, families toms and go quickly and the parking turnover is very high. I am curious what the City of Tigard's intentions are by issuing these parking citations . . . If it is intended to eliminate parking in this area , I submit that a simple warning would be sufficient for the majority of people. Because of the re- zoning, most of the motorists are not aware of their violations and are simply parking there out of habit . A warning message that explained the charge in the parking zone would be sufficient. I realize that there would be a small number of motorists that would ignore the warning. For those that choose to ignore it , citations later on in the season would be entirely appropriate. If it is intended to profit from this change by taking advantage of people's habits and general lack of awareness , I think, it stinks. Furthermore, I am outraged by the amount of the fine. I feel that twenty-one dollars is both ludicrous and inordinate. The city of Portland charges ten dollars. Is it somehow a bigger sin to violate a parking ordinance in Tigard? I plan to organize additional support against this public abuse by attaching flyers to the a:indshields of cars parked in this area for the next few weeks. I feel safe in assuming that there are going to be a lot more angry people gust like me. I sincerely hope that the City of Tigard's office is swamped with comments from equally outraged citizens. TIGARD8720 S.W. Burnham Road Tigard, Oregon 97223 ELECTRIC , INC . MAILING ADDRESS: P.O. Box 230083, Tigard, Oregon 97223 --w^" Telephone: (503) 639-9112 September 22, 1987 City of Tigard 13125 S.W. Hall Blvd. P.O. Box 23397 Tigard, OR. 97223 RE: Street Parking Dear Gentlemen, On Saturday, September 19, 1987, I had the pleasure of driving my Grandson to his weekly soccer game. The game was held in an area adjacent to the Tigard High School. When we approached the play area we became aware that all parking . area's abutting the play field and stadium were identified as "compact" . We found that the larger American cars were parking on the far side of the street conspicuously away from residential driveways. We found no where to park our American made vehicle except at a location just be-fore proceeding down the hill into Cook's park 9 area. This area had the same sign "No Parking" next to a residential driveway. So, as not to interfere, we parked at least three car lengths from this "No Parking" sign. Rim City of Tigard September 22, 1987 Page Two (2) I waited in the vehicle while my Grandson prepared for his game. While sitting there several cars came by looking for parking and finally as I left to attend the game the third space in front of our parked vehicle was filled by a confused parent. As I walked back up the street to enter the playing grounds I observed that the only spaces open on this side of the street were residential driveways. Parked vehicles on this side of the road were not obstructing traffic, nor causing a health hazard to foot traffic. At 2:00 p.m. , the game was over. I collected my Grandson and began my drive to our home, which is in a different city. When I came to the intersection of Pacific Highway and Durham street I observed a pink piece of paper on my windshield. I stopped, removed the paper and found to my astonishment that some one had cited me for parking on the street to Cook's parr. I could only believe this to be a mistake, so on Monday, September 21, 1987, I called the City of Tigard to get an understanding of the purported ordinance that I had been cited for. After some fifteen minutes and three calls, I received a call from a, Lorene Wilson. She explained that she had the responsibility of inter- preting City law. I explained that I wanted to know if Tigard had signs that stated, "No Parking This Block", or equivalent signs and if so what was there 12inition? Are there parking ordinances in Tigard City that were unique or where could I find an answer City of Tigard September 22, 1987 Page Three (3) to my questions. Mrs. Wilson was a very courteous but stated that she could not answer that question, she then referred me to the City of Tigard, City Engineer's Office to a Mr. Randy Wally. I again explained to Mr. Wally what my interest was in their street signage. Mr. Wally explained that there was no consistent signage practice, that where problem area's occurred it was brought to the council and voted upon and then he would have signs installed. I asked Mr. Wally for a definition of what the "No Parking" sign meant and what were the limits of parking in the signed area. Mr. Wally explained that they had received many complaints on this street due to the confusion of the signage and they would take immediate steps to change the signs so that people could understand what area's were restricted to no parking. He also stated that Tigard High School administration had gone overboard when they allocated the school side to compact parking. I thanked Mr. Wally for his assistance. After my investigation, part of which I have explained here, I certainly do believe that I along with many other's were incorrectly cited for parking. I feel that should the City of Tigard not wish any parking on the far side of the street then a "standard" - NO PARKING IN THIS BLOCK, sign should have been placed. s e y City of Tigard September 22, 1987 Page Four (4) Further, my parked vehicle did not interfere with public traffic flow nor did I at any time cause a hazard to public health. # I have and will continue to observe the traffic laws and ordinances. I therefore, feel that the citation issued was wrong and therefore, without further information decline to pay the fee of $21.00. g Sincerely, TIGARD ELECTRIC, INC. Wald "Dean" Schmitz ' t. 3, Box 272-5 Sherwood, OR. 97140 Reference: Manual - "Uniform Traffic Control Device" . C. a kr, dh • h r-;!-`' ' � I • . �• � ` >.-,era%'. ,cif• , , , '� �, s• � , Is a . '7J wwt i '3 ..�s'�... ..�'?`�'�. ,r.I. .'.• ... .I . .,..-. .,:v''1 � � .....'"f:�_�� ... ..,. ,•..'"..�.:-�!. __ _. ...._ ... s. - - _.. )�.+�. ,f.. .. ....... �t.t..!i .. .• .y..5i . r"ri4 s:�rt 4�sy ni y� i3Y3?lssc V 04$s 4%p"t,Rii+.4U%nts�+i!►�i�saN�uu t s.sax'9' si..;;,.s%W,�; ii{t#�: s's '..,.:•y.. !:�IH:S::;>»as �i'ssis!?s -:; ti;: '-; �!• � 6 �.ry,:; 1 : f' *.�;. �.. ..�:. ' •��:i � -�9 • Y:+F� 1 . , ay:;.. ,: ;�,>; �� :;,i • f >`-� j,. ,3 7.S ` '. � � re ✓. ''�.�.''rc1; �;',- � � / ♦ � • i � ..fir.. .t:• � •I.:,-i•:f:: �+�.�• 4%:i •11,�t_S.�r�e �•; 1 � / � I , / � � / :,f�� tit:�l.-:.:i�: • ' , C} �� F c f - � '. � :��.; •a � / r ,� • ' ' • �..7y. 5 r�' It'v: r ' ' -r �j� �� ' f ' � '�. � ` / • s / .�: / � � • y,{^ - • � � r ' / � ; ..;,•:a .-, _ ? _ !�1 !a n N �. W1t !��' 4 r t� � 1 f �� ROME I i% { i .. ..��.. .i. .., ;.�;>. 'Oq. 3•i;Sf%:•f}?>� ?f;: •:Sf�ssflf,: •.$.,S.: '%i''%:�3•�:;r:::H:i:;3f1:. ........ '>{3;i;;;'!Sia'::Si:✓::;>!::.v!�S!:;:'r,::�•;•.�'::%y,.;:..;.:. Sfk';.;>:•,. .. sY,.ff:•.. •...'U:'si.fe• ..,.4' .rrr'�i:i�li%'. ,.•s,. ,.•i3i�'.. If•"•8. .,.. r .�._ ;:.:. .: :..;.,._ . .;e; .'.. res. e: '•i ij r; t.' i•.� � r J ( • / ` � ••t,i ojJ ei tins( F.JW ✓ j l./ I r r � �i,n�L, C�,°.mac-C�..;_%.%� •S.�-1�'�ti�- �, F l U -- ' �.- -'�•�-!-�'�''�• .Gig i •GS�L�•�,�,�.0 _1,�(,`f:�•�.lC,� �]-E ,f4t(f..'.',.•r.�.. ,.yt,",fl: .. ,. 1 c.y;;•.r,. .,,;+;.,, a..}y:.%s:1"; r I� 1 I �, , � I � s i 4•r ,�......., .ter r ..._. .... ..:.. :1. ., i.:.. ,. :J 1 ` / Y v r / ;,�,,� / / / / �� / / _ / ♦ r /• r, .fir", e 44, r 1 • G'' � � � � �� i � � � �� P G:.2�-�/- _ _ �: �� _ . ._. _ �� -. -- - - -4-`'�'�� 7��3 � �� .. ___....._--- - -�_... .... 1.. � -- - - — - c 1 . .< �, . ..:..- )- , y7� T �� . £' .__ �} _. _ .._ �_ �. S F' .YC:. am A ooL ,fir 1 r e r r f y C t 9/21/87 Michael Stanbro 14025 SW 164th St. Tigard, OR 97224 City of Tigard: Last Saturday (9/19) I was issued a twenty-one dollar fine for parking on the West side of SW 92nd which is adjacent to the Tigard High School athletic field. My son is involved with the Tigard Soccer Club. As such, we attend the games held at Tigard High School every Saturday. Last year we parked in the aforementioned location several times. Imagine my shock when I discovered that I had received a ticket for parking in the same location this .yearl Many others received the same shock as there was an entire line of cars parked in this areal It la entirely possible that as many as a hundred motorists parked in this area during the course of the morning and early afternoon. Because the games are only an hour long, families come and go quickly and the parking turnover is very high. I am curious what the City of Tigard's intentions are by issuing these parking citations. If it is intended to eliminate parking in this area, I submit that a simple warning would be sufficient for the majority of people. Because of the re-zoning, most of the motorists are not aware of their violations and are simply parking there out of habit. A warning message that explained the change in the parking zone would be sufficient. I realize that there would be a small number of motorists that would ignore the warning. For those that choose to ignore it , citations later on in the season would be entirely appropriate. If your intentions are to profit from this change by taking advantage of people's habits and general lack of awareness , I think it stinks. Furthermore, I am outraged by the amount of the fine. I feel that twenty-one dollars is both ludicrous and inordinate. The city of Portland charges ten dollars. Is it somehow a bigger sin to violate a parking ordinance in Tigard? I intend to express my opinion of this situation to the Mayor of Tigard and to the Tigard Valley Times newspaper in the form of a letter to the editor. In addition I intend to inform the unsuspecting motorists that park in this area during the next few weeks by attaching a flyer to their windshields. I sincerely hope that your office is swamped with comments from equally outraged citizens.