City Council Packet - 12/16/1985 THIS COUNCIL MEETING WILL BE CABLE CAST BY STORER
ON TIGARD CHANNEL 2 AT THE FOLLOWING TIMES:
rl, TUESDAY 12/17/85 AT 6:30 PM
THURSDAY 12/19/85 AT 12:30 PM and 6:30 PM
TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
BUSINESS AGENDA sign-up sheet(s). If no sheet is available,
DECEMBER 16, 1985, 7:00 P.M. ask to be recognized by the Chair at the start
FOWLER JUNIOR HIGH of that agenda item. Visitor's agenda items are
10865 SW WALNUT 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.
1. REGULAR BUSINESS MEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call To Staff and Council For Non-Agenda Items: Motion to approve
as amended.
2. VISITOR'S AGENDA (2 Minutes or Less, Please)
3. PRESENTATION OF KEYS TO THE CITY
o Mayor & Council
4. LCOC ACKNOWLEDGEMENT REPORT
p Community Development Director
5. ORDINANCE NO. 85- Adopting Findings For Approval For NPO Fee
Waiver Process (ZOA 8-85 Heard 11/25/85)
o Community Development Director
6. ORDINANCE NO. 85-- Adopting Findings For Approval For Gravel
Parking For Temporary Uses (ZOA 7-85 Heard
11/25/85)
o Community Development Director
7. HALL BLVD./BURNHAM LID FORMATION - PHASE III - ORDINANCE NO. 85-
Council Action From 12/9/85 Public Hearing
o Project Engineer
8. 18 MONTH CIP LIST
o Community Development Director
9. CODE ENFORCEMENT CIVIL INFRACTION ORDINANCE DISCUSSION
o Community Development Director
10. 68TH/PARKWAY LID #35 - Bid Award
o Project Engineer
11. STREETS STANDARDS POLICY DISCUSSION
o Community Development Director
12. COUNCIL RULES AND PROCEDURES DISCUSSION
o City Attorney
COUNCIL AGENDA - DECEMBER 16, 1985 - PAGE 1
r
13. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
13.1 Approve Council Minutes: 12/9/85
13.2 Approve Findings of Denial For S & J Application CPA 3-85 (Hearing
Held 11/25/85) - Resolution No. 85-108
13.3 Approve Management/Professionals Benefit Package
13.4 Approve Management/Professionals Salary Plan
13.5 Approve Library Reciprocal Borrowing Agreement - Resolution No.
85-109
13.6 Receive and File:
o Police Control. Budget
o Economic Development Committee 85-86 Action Plan
13.7 Ratify NPO #5 Appointment
13.8 Authorize Building Maintenance Custodian Recruitment
13.9 Receive and File Community Development Land Use Decisions
14. NON-AGENDA ITEMS: From Council and Staff
15. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d) & (h) to discuss
labor relations and current/pending litigation issues.
16. ADJOURNMENT
lw/348OA
COUNCIL AGENDA - DECEMBER 16, 1985 - PAGE 2
T I G A R D C I T Y C 0 U N C I L
REGULAR MEETING MINUTES - DECEMBER 16, 1985 - 7:00 P.M.
1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and Ima
Scott; City Staff: Doris Hartig, Deputy City Recorder; Bob
Jean, City Administrator; Bill Monahan, Community
Development Director; and Tim Ramis, Legal Counsel.
2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS
a. City Administrator noted typographical error to be corrected in
Council minutes of 11/9/85, page 4, item 14, resolution number
should read 85-107 for the supplemental budget resolution.
City Administrator noted that on consent agenda item #13.3 that
police managers retirement would be capped at 500 hours maximum
and that management leave would be based on the number of years in
a management position not total time the employee has been with
the City.
b. Non-Agenda items presented by the Administrator were as follows:
.1 Training Requests by Officer deBrauwere and Duane Roberts.
.2 Council Calendar - tentative add of 1/28/86 for the
Tigard/Beaverton Joint Council Workshop.
.3 Newsletter Draft For Review
3. VISITOR'S AGENDA
a. No one appeared to speak.
4. PRESENTATION OF KEYS TO THE CITY
a. Mayor Cook noted the key to the City was for Howard Duffy's
service on the Budget Committee. Since Mr. Duffy was unable to
attend the meeting, staff was directed to forward the key to him.
5. LCDC ACKNOWLEDGMENT
a. Community Development Director presented Mayor with framed copy of
the Order from LCDC acknowledging Tigard's Comprehensive Land Use
Plan.
b. Ms. Bonnie Owens, representing the Planning Commission, expressed
her pleasure at having an acknowledged comp plan that will give
direction to the Commission in their deliberations.
C. Ms. Geraldine Ball, representing herself, congratulated those
individuals who worked so hard for the City to accomplish the
acknowledgment.
d. Mayor Cook synopsized the history of development of the plan and
expressed his appreciation to staff and citizens for the
involvement. Councilors Brian and Scott also added their comments
of appreciation.
Page 1 - COUNCIL MINUTES - DECEMBER 16, 1985
6. COUNCILOR SCOTT'S RESIGNATION
a. Mayor Cook read a letter of resignation from Councilor Scott. The
resignation will be effective January 15, 1986 at 12:00 Noon. She
noted relocation to Texas as the reason for resignation.
b. Mayor Cook, Councilor Brian, Legal Counsel Ramis, and staff
expressed their thanks and wished her well.
7. ORDINANCE NO. 85-45 AN ORDINANCE AMENDING SECTION 18.32.340,
18.30.030 AND ADDING SECTION 18.32.345 OF THE
COMMUNITY DEVELOPMENT CODE AND DECLARING AN
EMERGENCY (2OA 8/85)
a. Motion by Councilor Scott, seconded by Councilor Brian to adopt.
b. Community Development Director noted typographical error on page
two of ordinance, section 'c' should read: ". . .considered valid
when conditions "a" and "b" above are met. . ."
Ordinance, as corrected, was approved by unanimous vote of Council
present.
8. ORDINANCE NO. 85-46 AN ORDINANCE AMENDING SECTIONS 18.106.050,
18.140.050, AND 18.140.060 OF THE COMMUNITY
DEVELOPMENT CODE AND DECLARING AN EMERGENCY. (7OA
7-85)
a. Motion by Councilor Brian, seconded by Councilor Scott to adopt.
Approved by unanimous vote of Council present.
9. HALL BLVD./BURNHAM LID FORMATION - PHASE III
a. Stu Cato, Project Engineer, noted the letter from the Tigard
Christian Church stating they were willing to participate if the
net assessment does not exceed $26,000. Council and staff
discussed if there was enough contingency to give that kind of
assurance as well as formation of the district and assessment
costs.
b. ORDINANCE NO. 85-47 AN ORDINANCE MODIFYING, CONFIRMING, AND
RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF OCTOBER 28, 1985,
WITH RESPECT TO SW HALL/BURNHAM (STREET) IMPROVEMENT DISTRICT LID
1185-1; APPROVING, RATIFYING AND ADOPTING AMENDED PRELIMINARY
PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SAID
STREET IMPROVEMENT; DECLARING RESULTS OF HEARING HELD WITH RESPECT
HERETO; DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING
FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY.
C. Motion by Councilor Brian, seconded by Councilor Scott to adopt.
Approved by unanimous vote of Council present.
Page 2 - COUNCIL MINUTES - DECEMBER 16, 1985
f
10. 18 MONTH CIP LIST
a. Community Development Director commented on the proposed summary
list noting the staff had attempted to prioritize the list within
the next 6 months and project to be held over until next year.
b. Council and staff discussed list and projects involving SW Main
Street. City Administrator recommended work not go forward on SW
Main Street until after staff meets with citizens on Main Street
and recommendations are developed.
C. Motion by Councilor Brian, seconded by Councilor Scott to adopt
the list with addition of the comments that had been discussed.
Approved by unanimous vote of Council present.
11. CODE ENFORCEMENT CIVIL INFRACTION ORDINANCE DISCUSSION
a. Community Development Director informed Council this is a revised
ordinance to clarify the areas where Council has raised questions
as well as where appropriate to bring before the hearings officer
rather than the Municipal Judge. He noted the City Attorney's
office has reviewed and felt it will be an improvement over the
existing system.
b. Council discussed the proposal and directed staff to survey other
jurisdictions and to set issue for public hearing in January, 1986.
12. 68TH/PARKWAY LID #35 — BID AWARD
a. City Administrator noted 5 bids were received and recommended
Council award the bid to the low qualified bidder, Clearwater
Construction Company of Portland, Oregon for $419,125.70 by
approving the following resolution.
b. RESOLUTION 60. 85-110 RESOLUTION BY THE TIGARD CITY COUNCIL,
ACTING AS THE LOCAL CONTRACT REVIEW BOARD, TO AWARD BID FOR
CONSTRUCTION OF 68TH PARKWAY STREET LOCAL IMPROVEMENT DISTRICT NO.
35, CREATED PURSUANT TO ORDINANCE NO. 83-81.
C. Motion by Councilor Scott, seconded by Councilor Brian, to approve
with mortgage release condition included.
Approved by unanimous vote of Council present.
13. STREETS STANDARDS POLICY DISCUSSION
a. Community Development Director discussed the policy and concerns
of the City. Two examples of areas of concern is King Torgs Donut
Shop and Davidson's Restaurant on Pacific Highway at Walnut
Place. The issue is whether street improvements are necessary
regarding access to property in the rear. Does the back street
function as a street and need a sidewalk or is it an access road? j
Page 3 — COUNCIL MINUTES — DECEMBER 16, 1985
r
b. Mr. Greg Davidson, of Davidson's Restaurant, proposed to place a
sidewalk along SW Walnut Place to the Methodist Church, but not
along the back where SW Walnut Place turns. He noted apartment
pedestrians have other ways to reach Pacific Highway. Mr.
Davidson also requested an extension of the appeal time to give
staff time to do an inventory and analysis of the problem.
C. Mayor Cook stated an extension of the appeal time would be
appropriate, with a hearing of the matter on 1/13/86 and the
permit be granted without prejudice, with the right to appeal.
d. Motion by Councilor Brian, seconded by Councilor Scott to extend
the appeal period of Davidson's application to no later than
January 31, 1986 and as soon as staff can get inventory and review
done.
Approved by unanimous vote of Council present.
14. COUNCIL RULES AND PROCEDURES DISCUSSION
a. Legal Counsel commented on how the Council will operate with only
three members. Council vacancies will be filled at the 3/25/86
election. A quorum will require three members present. If only 2
members are present, they will not be able to hold a public
hearing and vote or take formal actions. He encouraged
coordination with the staff in setting agendas especially on land
use and public hearing issues. As a backup, the Council could sit
as a Council Committee if all parties concur and then review the
issues for action when a full quorum is present. A 2 to 1 vote is
sufficient to pass an ordinance upon a second reading.
15. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
15.1 Approve Council Minutes: 12/9/85
15.2 Approve Findings Of Denial For S 6 J Application CPA 3-85 (Hearing
Held 11/25/85) — Resolution No. 85-108
15.3 Approve Management/Professionals Benefit Package
15.4 Approve Management/Professionals Salary Plan
15.5 Approve Library Reciprocal Borrowing Agreement — Res. No. 85-109
15.6 Receive and File:
o Police Control Budget
o Economic Development Committee 85-86 Action Plan
15.7 Ratify NPO #5 Appointment — Mr. Larry Schmidt
15.8 Authorize Building Maintenance Custodian Recruitment
15.9 Receive and File Community Development Land Use Decisions
a. Motion by Councilor Brian, seconded by Councilor Scott, to adopt
the consent agenda with the following modifications:
15.1 Typographical error to be corrected in Council minutes of
11/9/85, page 4, item 14, resolution number should read
85-107 for the supplemental budget resolution.
Page 4 — COUNCIL MINUTES — DECEMBER 16, 1985
:i
15.2 Remove for consideration at the 1/6/86 Council meeting.
15.3 Police managers retirement would be capped at 500 hours
maximum and that management leave would be based on the
number of years in a management position not total time the
employee has been with the City.
15.6 Remove for discussion.
Approved by unanimous vote of Council present.
16. POLICE CONTROL BUDGET
a. Councilor Brian commented he felt there was still room for change
in the control budget. He suggested adjustments in overtime,
reducing firearms training from A times per year to 3 times; FLSA
issue, retirement, FY 85-86 matrix salary adjustments, and
retrofit and purchase of squad cars.
Consensus of Council was to approve civic center furnishings
listed in City Administrator's memorandum of 12/10/85, $18,000 be
appropriated from Federal Revenue Sharing Contingency for purchase
of police cars, and Chief recruitment and Chief's salary should be
within budgeted totals.
17. NON-AGENDA ITEMS:
17.1 Training Requests by Officer deBrauware and Duane Roberts
a. Duane Roberts requested audit of Portland State course for
$102.00. This was recommended by the Community Development
Director as job related.
b. Motion by Councilor Brian, seconded by Councilor Scott to
authorize training.
Approved by unanimous vote of Council present.
C. Officer Richard deBrauwere requested FBI Advanced Latent
Fingerprint School. City Administrator recommended approval.
Cost would be $200 for lodging only with employee paying balance
of costs.
d. Motion by Councilor Brian, seconded by Councilor Scott to approve
$200 for training class.
Approved by unanimous vote of Council present.
17.2 Council Calendar
a. City Administrator noted the tentative add of 1/28/86 for the
Tigard/Beaverton Joint Council Workshop and the 1/8/86 meeting
with Metro regarding transfer sites.
Page - COUNCIL MINUTES - DECEMBER 16, 1985
17.3 Newsletter Draft For Review
a. City Administrator distributed the draft of the December/January
issue of the "All About Town" newsletter. Council is to review
and call the Executive Secretary with any changes or modifications
by Wednesday, December 18, 1985.
MEETING RECESS: 8:42 P.M.
18. EXECUTIVE SESSION: The Tigard City Council went into Executive Session
at 8:43 P.M. under the provisions of ORS 192.660 (1)(d) & (h) to discuss
labor relations and current/pending litigation issues.
19. ADJOURNMENT: 8:55 P.M.
f�
Deputy City Recorder U City of Tigard
ATTEST:
r — City of Tigard
LW/3586A
Paged[ — COUNCIL MINUTES — DECEMBER 16, 1985
TIMES PUBLISHING COMPANY Legal
P.O.BOX 370 PHONE(503)684-0360 Notice 7-6 573
BEAVERTON.OREGON 97075
Legal Notice Advertising
• • ❑ Tearsheet Notice
City of Tigard
• PO Box 23397 • ❑ Duplicate Affidavit
Tigadd, OR 97223
• s
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
I, Theresa Butcher
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk,of the Tigard Timea
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at T i IZ Fir d in the
aforesaid county and state;that the
Regular Meeting
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:
December 12 , 1_985
Subscribed pd sw to before me this Dec . 13, 1985
Notary Public for Oregon
My Commission Expires: 9/20/88
AFFIDAVIT
ti4
E� Ra
E�• 'sem - - s ���t
CITY OF 1I.GARD, OREGON
AFFIDAVIT OF POSI"ING
In the Matter of the Prupo-,ed
ORDINANCE ADOPTION
STATE OF OREGON )
County of Washington) ss
City of Tigard )
I 1 , , ;�.,�. M_(�,,;1 1 Q.'A being f first duly sworn, on oath depose
and say-
That
ay:That I posted in the following public and conspicuous places, a copy of
Ordinance Number(s) - - 85-47
which were adopted at the Council Meeting dated nnrember 16-
copy(s)
6 copy(s) of said ordinance(s) being hereto attached and by reference made a
part hereof, on the 23rd day of Decemb„o r , 1985.
1. Tigard City Hall, 12755 SW Ash Avenue, Tigard, OR.
2. Tigard Police Department, 9020 SW Burnham, Tigard, OR.
3. Tigard Library, 12568 SW Main Street, Tigard,OR.
Subscribed and sworn to before me this � n day of 1985.
Notary Public for Oregon
My Commission Expires:
' t~ vo•.,
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ADOPTED
ORDINANCES MXIMMMOMM BY THE TIGARD CITY COUNCIL
At the meeting of
t
AGENDA ITEM #i ? — VISITOR'S AGENDA DATE 12/16/65
(Limited to 2 Minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but asks that you
first try to resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME 6 ADDRESS TOPIC STAFF CONTACTED
December 16, 1985
TIGARD CITY COUNCIL
Tigard City Hall
Tigard, Oregon 97223
ATTN: Mayor John Cook
Dear Mayor and Fellow Councilors:
As you know, my husband has been transferred to Texas by his company. This
requires the family to relocate. Please accept this letter as my formal
notice of resignation from Council Position #3. My resignation will be
effective at 12:00 Noon on January 15, 1986. My last Council meeting will be
the 16th of December, unless a quorum would not be available for the January
6th or 13th meetings. I will be available to attend either of those meetings
if necessary.
I have enjoyed working with the Council and wish you all the best in your
future endeavors.
Sincerely,
Ima Scott
lw13478A
CITY OF TIGARD, OREGON
MEMORANDUM
TO: Mayor and City Council December 11, 1985
FROM: Donna Corbet, Executive Secretary
SUBJECT: Key to the City
A "Key to the City" is scheduled for presentation on December 16, 1985 to
Howard Duffy. He has served on the Budget Committee and has recently
resigned. This presentation was originally scheduled for December 9, but
Mr. Duffy was out of town and requested it be postponed until the 16th.
il
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UHI t o)(4
UpUNCIL nGENDA ITEM SUtnARY L4
December 16, —
AGENDA OF:: De 1985 AGENDA ITEM N:_
DATE SUBMITTED: December 11, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: LCDC Acknowledgement
Report PREPARED BY: William A. Monahan
• REQUESTED BY:
DEPARTMENT 14EAO OK: �/` r + CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMPIARY
LCDC has acknowledged Tigard's comprehensive Plan and forwarded the
official order to us. We have framed the order and will have it
available at the December 16 meeting. Members of our NPO's and
Planning Commission have been invited to attend for the presentation.
ALTERNATIVES OONSIDEREO
SUGGESTED ACTION
Accept the Acknowledgement Order.
CITY OF TIGARD# OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: December 16, 1985 _ AGENDA ITEM #:
DATE SUBMITTED: December 9, 1985 PREVIOUS ACTION: Public Hearing was
ISSUE/AGENDA TITLE: ZOA 8-85 held before City Council on 11/25/85
NPO Fee Waiver PREPARED BY: Elizabeth A. Newton
REQUESTED BY: City Council
DEPARTMENT HEAD OK, aCITY ADMINISTRATOR: ._
POLICY ISSUE
INFORMATION SUMMARY
On November 25, 1985 a public hearing was held before the City Council to
consider amending the Community Development Code to allow fee waiver for
appeals and Land Use applications filed by the NPO's under certain
conditions. Council voted unanimously to direct staff to prepare an ordinance
allowing for a fee waiver for applications and appeals filed by the NPO's
under certain conditions. The ordinance is attached for your review. Also
attached is a copy of the November 25, 1985 minutes.
ALTERNATIVES CONSIDERED
1. Modify the attached ordinance prior to adoption.
2. Review and adopt the attached ordinance.
SUGGESTED ACTION
Review and adopt the attached ordinance. T
(EAN:bs/2229P)
Y
T I G AR D C I T Y C O U NCI L
REGULAR MEETING MINUTES — NOVEMBER 25. 1985 — 7:00 P.M.
1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and
Jerry Edwards; City Staff: Bob Jean. City Administrator;
gill Monahan, Community Development Director; Tim Ramis,
Legal Counsel; and Loreen Wilson, Deputy City Recorder.
2. CALL TO STAFF AND COUNCIL FOR NON—AGENDA ITEMS — No items were added.
3. VISITOR'S AGENDA — No one appeared to speak.
4. PRESENTATION OF KEY TO THE CITY
a. Mayor Cook presented a key to the City to Mr. Robert McNatt. Mr.
McNatt has submitted his retirement notice and worked in the
Public Works department since 1969.
S. HISTORIC DISTRICT CLARIFICATION DISCUSSION
a. Community Development Director stated that Tigard's Comp Plan has
officially be acknowledged with the condition that Tigard review
the historic overlay designation. LCDC contends the preservation
designation is notadequate.
last outstanding has condition tiednt to from
to address this
acknowledgment process.
Tigard's historic sites are:
Durham Elementary e
John F. Tigard House
Windmill 121st/Katherine
Joy Theater
Upshaw House/Seven Gables
Tigard Grange
Tigard Street Farmhouse and Windmill
Tigard Feed 6 Seed
* - Sites currently with Historic District Designation
b. Mr. Dick Mathews. Director of Washington County Museum, synopsized
the history the igard area asites are availableressed in Tigard. He stated
value Of
preserving whatt historic
that the museum would counsel developers as to how to do adaptive
uses at the historic sites for profitable improvements.
C. Consensus of Council was to send item back to Planning Commission
and support Staff's suggestion to have a Committee review requests
with Council retaining the right to call up for formal review if
necessary. The Review Committee should be: 1 Councilor; 1
Planning Commission Member% and 1 Planning Staff Member.
Page 1 - COUNCIL MINUTES -- NOVEMBER 25, 1985
6. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 7-85 PARKING REQUIREMENTS
A request by the City of Tigard to review Chapter 18.106 of the
Community Development Code to allow gravel parking for permanent uses on
a Temporary basis.
a. Public Hearing Opened
b. Declarations or Challenges - None
C. Community Development Director synopsized the history of the
request and stated Economic Development Committee recommended 3
years for gravel parking for permanent businesses. Planning
Commission unanimously denied the gravel for permanent businesses.
d. Public Testimony - No one appeared to speak.
e. Staff recommended ordinance to retain current language.
f. Public Hearing Closed
g. After lengthy discussion, Councilor Brian moved to direct staff to
prepare an ordinance to allow gravel parking for temporary use
applications, with approval of the gravel request being granted by
the approval authority for the length of temporary use being
requested. The burden of proof for the need for gravel parking is
the applicant's. Motion seconded by Councilor Edwards.
Approved by unanimous vote of Council present.
7. PUBLIC_HEARING - ZONE ORDINANCE AMENDMENT ZOA 8-85 NPO FEE WAIVER
A request by the City of Tigard to modify Chapter 18.32 of the Community
Development Code to allow the NPO a waiver of application fees for
appeals of land use decisions, amendments to the Community Development
Code and amendments to the Comprehensive Plan maps under certain
conditions.
a. Public Hearing Opened
b. Declarations or Challenges - None.
C. Community Development Director synopsized the request noting that
Council initiated the request. Planning Commission voted to deny
the request, and CCI voted to approve with condition N3 eliminated.
d. Public Testimony: No one appeared to speak.
e. Community Development Director recommended approval with
conditions 1-2 and 4-5 being adopted:
1. The appeal or land use application must have been supported
by a majority vote of NPO members at a public meeting where
a quorum of NPO members was present.
2. A copy of the minutes of the NPO meeting where the appeal
of land use application was initiated must be submitted
with the appeal or land use application.
Page 2 - COUNCIL MINUTES - NOVEMBER 25, 1985
3. The NPO requesting the fee waiver shall make a presentation
to the CCI which includes a justification as to how the NPO
proposal will benefit the City has a whole. The CCI shall
then take a vote to support or not support the NPO request.
4. The appeal to application will be considered valid when
conditions 1 and 2 above are met and all other filing
requirements are met.
5. Should the Council deny the NPO request for a fee waiver,
the NPO shall submit the required fee within three (3)
working days of the denial. The fee shall be filed by 3:00
P.M. on the third (3rd) day.
f. Public Hearing Closed
g. Motion by Councilor Brian, seconded by Councilor Edwards to
approve staff's recommendation and direct staff to prepare an
ordinance for adoption.
Approved by unanimous vote of Council present.
8. PUBLIC HEARING - PORTLAND FIXTURE/S & J APPEAL CPA 3-85 FULL EVIDENTIAL
HEARING NPO $7
A request by the City of Tigard City Council for a re-hearing on an
application filed by Portland Fixture to amend the Comprehensive Plan
and Zoning Designation from CP (Commercial Professional) to CG
(Commercial General) for a 7.9 acre site located on the south side of
Scholls Ferry Road, west of Greenway Town Center (WCTM 1S1 3480, Lot 400)
NOTE: Public Testimony Time Limit - Proponents 20 minutes, Opponents 20
minutes, Cross Examination 10 minutes, Council Questions 10 minutes.
a. Public Hearing Continued from 10/28/85
b. Declarations or Challenges - Councilor Brian disclosed an ex-parte
contact with Mr. Johnson. Mr. Johnson was advised that Councilor
Brian would make this disclosure. Councilor Brian stated he was
not biased and would be voting on the issue.
C. Community Development Director noted the history of the request
noting that the Council's original denial was appealed to LUBA.
This is back before Council for a full-evidential hearing to
review the application based on relevant evaluation criteria. The
criteria set out by staff to be addressed are as follows:
1. Statewide Planning Goals and Guidelines
2. Tigard Comprehensive Plan
A. Policies 2.1.1, 5.1.1. 5.1.4, 8.1.3, and 12.2.1 a.
b, Locational Criteria, Section 12.1 pertaining to
General Commercial and Commercial Professional
3. Tigard Community Development Code
a, 18.22.020 Purpose (Amendments to the Code and Map)
b. 18.22.040 Quasi-Judicial Amendments and Standards
for Making the Decision
C. 18.30.120 Standards for the Decision
d. 18.62.010 Purpose (C-G Zone)
Q. 18.64.010 Purpose (C-P Zone)
Page 3 - COUNCIL MINUTES - NOVEMBER 25, 1985
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CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF:
December 16 1985 AGENDA ITEM 0:
0 1985 PREVIOUS ACTION:
Public Hearing he
DATE SUBMITTED: December 1ld
on 11!25
ISSUE/AGENDA TITLE: Zone before Cit Council.
prdinance Amendment ZOA 7-85 PREPARED BY: Elizabeth Newton
Parkin Re uirements
REQUESTED BY: Cit Council
DEPARTMENT HEAD OK: CITY mADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
ncil held a public hearing to consider
On November 25, 1985, the City Cou
allowing
gravel parking on a temporary basis. By unanimous vote of the
Council, staff was directed to prepare an ordinance to allow granted parking
ykthe
for temporary uses with approval of the gravel request being
g permit being
approval authority for the length of the temporary
requested. h ordinance is attached for your review. Also, attached is a
copy of the minutes of the November 25, 1985 City Council meeting.
ALTERNATIVES CONSIDERED
1. Review and adopt the attached ordinance.
2. Modify the attached ordinance and direct staff to incorporate changes.
SUGGESTED ACTION
Adopt the attached ordinance.
(EAN:pm/2234P)
T I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTES — NOVEMBER 25, 1985 — 7:00 P.M.
1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and
Jerry Edwards; City Staff: Bob Jean, City Administrator;
Bill Monahan, Community Development Director; Tim Ramis,
Legal Counsel; and Loreen Wilson, Deputy City Recorder.
2. CALL TO STAFF AND COUNCIL FOR NON—AGENDA ITEMS — No items were added.
3. VISITOR'S AGENDA — No one appeared to speak.
4. PRESENTATION OF KEY TO THE CITY
a. Mayor Cook presented a key to the City to Mr. Robert McNatt. Mr.
McNatt has submitted his retirement notice and worked in the
Public Works department since 1969.
5. HISTORIC DISTRICT CLARIFICATION DISCUSSION
a. Community Development Director stated that Tigard's Comp Plan has
officially be acknowledged with the condition that Tigard review
the historic overlay designation. LCOC contends the preservation
designation is not adequate. The City has received a grant f ram
LCOC to address this last outstanding condition tied to the
(( acknowledgment process,
Tigard's historic sites are:
Durham Elementary N
John F. Tigard House
Windmill 121st/Katherine
Joy Theater
Upshawo Nouse/Seven Gables
Tigard Grange
Tigard Street Farmhouse and Windmill
Tigard Feed & Seed
* — Sites currently with Historic District Designation
b. Mr. Dick Mathews, Director of Washington County Museum, synopsized
the history of the Tigard area and stressed the value of
preserving what historic sites are available in Tigard. He stated
that the museum would counsel developers as to how to do adaptive
uses at the historic sites for profitable improvements.
C. Consensus of Council was to send item back to Planning Commission
and support Staff's suggestion to have a Committee review requests
with Council retaining the right to call up for formal review if
necessary. The Review Committee should be: 1 Councilor; 1
Planning Commission Member; and 1 Planning Staff Member.
Page' 1 COUNCIL MINUTES - NOVEMBER 25, 1985
6. PUBLIC HEARING — ZONE ORDINANCE AMENDMENT ZOA 7-85 PARKING REQUIREMENTS
A request by the City of Tigard to review Chapter 18.106 of the
Community Development Code to allow gravel parking for permanent uses on
a Temporary basis.
a. Public Hearing Opened
b. Declarations or Challenges — None
C. Community Development Director synopsized the history of the
request and stated Economic Development Committee recommended 3
years for gravel parking for permanent businesses. Planning
Commission unanimously denied the gravel for permanent businesses.
d. Public Testimony — No one appeared to speak.
Q. Staff recommended ordinance to retain current language.
f. Public Hearing Closed
9. After lengthy discussion, Councilor Brian moved to direct staff to
prepare an ordinance to allow gravel parking for temporary use
applications, with approval of the gravel request being granted by
the approval authority for the length of temporary use being
requested. The burden of proof for the need for gravel parking is
the applicant's. Motion seconded by Councilor Edwards.
Approved by unanimous vote of Council present.
7. PUBLIC HEARING — ZONE ORDINANCE AMENDMENT ZOA 8-85 NPO FEE WAIVER
A request by the City of Tigard to modify Chapter 18.32 of the Community
Development Code to allow the NPO a waiver of application fees for
appeals of land use decisions, amendments to the Community Development
Code and amendments to the Comprehensive Plan maps under certain
conditions.
a. Public Hearing Opened
b. Declarations or Challenges — None.
C. Community Development Director synopsized the request noting that
Council initiated the request. Planning Commission voted to deny
the request, and CCI voted to approve with condition #3 eliminated.
d. Public Testimony: No one appeared to speak.
e. Community Development Director recommended approval with
conditions 1-2 and 4-5 being adopted:
1. The appeal or land use application must have been supported
by a majority vote of NPO members at a public meeting where
a quorum of NPO members was present.
2. A copy of the minutes of the NPO meeting where the appeal
of land use application was initiated must be submitted
with the appeal or land use application.
Page 2 COUNCIL MINUTES — NOVEMBER 25, 1985
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council December 11, 1985
FROM: Loreen Wilson, Recorder 1,
SUBJECT: Hall Blvd./Burnham LID Consideration
Please bring your materials from the 12/9/85 meeting for this discussion.
This was item #7 in the packet of the 9th.
iw/3A78A
TL
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: December 9 1985 AGENDA ITEM #: 11
DATE SUBMITTED: December 3, 1985 — PREVIOUS ACTION: Adoption of
ISSUE/AGENDA TITLE: Ordinance to Resolution Declaring Intent
Form Hall/Burnham L.I.D. PREPARED BY: Jerri Widnerr[Duane Roherts
REQUESTED BY: Bob Jean
DEPARTMENT HEAD OK: — CITY ADMINISTRATOR: --
POLICY ISSUE
To form the Local Improvement District to make half—street improvements on SW
Hall/Burnham.
INFORMATION SUMMARY
Attached is a revised ordinance forming the Hall/Burnham LID based on your
discussions of November 25, 1985. The ordinance includes right of way costs
with a total cost of $179,000.
The right of way costs are based on an asuumption that they will be uncontested.
Also attached for your information is the construction cost estimates for the
other options requested by Council at your 11/25/85 meeting.
ALTERNATIVES CONSIDERED
1. Adopt the proposed ordinance.
2. Adopt a revised ordinance.
3. Decide not to proceed with formation.
SUGGESTED ACTION
Adopt proposed ordinance.
(JW:bs/3486A)
7
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gard C'lrrrst`am C'lWelf
13405 S.W.Hall Blvd. Tigard,Oregon 97223 Phone 639-5713
December 11, 1985
Tigard City Council
City of Tigard
c/o Tigard City Hail
Tigard, OR 97223
Ministers
Gentlemen: RE: Hall Boulevard L.I.D.
Rob Blakely
Clare Buhler 9
Cliff Barger Tigard Christian Church previously testified to its willingness to
participate in the proposed street improvement L.I.D. based on a pro-
Missionaries posed assessment of $26,000 and the donation of necessary right of way.
At that time we reserved the opportunity to remonstrate against partici-
rim Doty pation should the project change in such a way as to subject the church
Steve Fleenor to an increased assessment.
Bob Chapman
Ted Bjorem
Based on testimonyof both Mr. Sturgis and the project engineer at
the December 9th council meeting, we have serious reservations about
participating. As we have previously stated, at $26,000 the church
gains no benefit by participating; however in the spirit of being a
good neighbor and because the community would benefit from a lengthy
stretch of street improvement, we chose to support the earlier proposal .
The concerns which we have are:
1) The street is being widened to arterial standards rather than
neighborhood standards with the property owners being asked to con-
tribute extra fu-ids; yet the benefit is for the cor ,lunity as a whole.
Should not the city systems development fund assist with the "extra
capacity" portion of the development?
2) The original L.I.D. concept was for a stretch of Hall Blvd. from
Burnham to the creek; we voluntarily agreed to discuss continuing the
improvement to Omara. We agree to paying our fair share of construc-
tion costs but do not feel it is fair to ask us to pay for a portion
of legal costs related to negotiations with Tigard Electric. Those
costs, in our opinion, are city costs in that the benefit would have
been a city-wide benefit to the Burnham intersection.
3) In view of Mr. Sturgis' testimony, we wonder if perhaps Mr. Sturgis
is preparing a case for litigation over the "taking of his right of
way" at an unfair price. Regardless of the outcome, more legal
costs will be added to the project; hence an increase in assessments.
In our opinion, to participate in the L.I.D. under this sceVU io
would be equivalent to signing a blank check. We cannot ask'6ur
church members to agree to something without proper cost controls.
3
}}1
TIGARD CITY COUNCIL
RE: Hall Boulevard L.I.D.
December 11, 1985
Page Two
to participate in the L.I.D. provided
In summary, we would be w* ling ed" at $26,000.
we were guaranteed that ournassessment would be capped"
Based on the precedent of 72nd Avenue,
the questionable Tigard Electric
legal and engineering costs and conin rofaHalltadjacento a uto thete wCivichCenter
and Mr. Sturgis over the stralehreas n to cap our assessment. Without such
site, we believe you have amp
cost guarantees, Tigard Christian Church must remonstrate against its parti-
cipation in the L.I.D.
Thank you for your consideration.
Sincerely,
Rob Blakely
Minister
RB:dd
cc: Bob Jean
Bill Monahan
kPff
consulting engineers
December 10, 1985
Mr. Bob Jean
City Administrator
CITY OF TIGARD
12755 SW Ash Street
Tigard, OR 97223
RE: SW Hall Blvd LID
Dear Mr. Jean:
This letter is to clarify our recommendation for the Hall Blvd. LID.
We recommend that the City proceed with the LID based on the uncontested
purchase of right-of-ways. The resulting estimated Project cost is
$179,000. These costs are outlined in Addendum 2 %-AAch was given to
City staff and council members at the council meeting on December 9,
1985.
During the meeting we stated that purchasing right-of-way would not
be favorable to Sturgis since they would in effect subsidize the purchase
of land frau the City. Tigard Christian Church would come out
approximately even. This assumes that right-of-way acquisition will
be uncontested.
We do not generally reccrw end purchasing right-of-way for this type
of LID. However, at this point it is in the City's best interest to
proceed, assuming right-of-way will be purchased. This gives the City
more flexibility for future right-of-way negotiations.
If you have any questions, please call me.
very truly yours,
�---
S uart L. to
tie
, P.E.
Manager, Civil Engineering
SLC:nbc
cc Wm. Monahan - Dir. of Comm. Dev.
f` City of Tigard
421 s.w. 6th avenue, suite 911, portland,or 97204 (503) 227-3251
anchorage los angeles portland seattle
maw
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: December 16 1985 AGENDA ITEM #:
U
DATE SUBMITTED: December 12, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: 18 Month CIP
PREPARED BY: William A. Monahan
REQUESTED BY:
DEPARTMENT HEAD OK; 1/1-4 CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
w The Cormunity Development Staff has prepared an eighteen month capital
improvement program. We have listed projects by categories and assigned
estimate/cost figures. The staff estimates exceed the funds which will be
available, therefore, we will be looking for Council input to prioritize the
projects. Attached is a preliminary list which will be updated on Monday
based on further staff discussions scheduled for 12/13/85.
ALTERNATIVES CONSIDERED
1. Review the lists prepared by staff (both the list attached and the
prioritized list to be presented on December 16) and determine a six
month allocation of funds and a program for FY 87.
SUGGESTED ACTION
Review the lists prepared by staff (both the list attached and the prioritized
list to be presented on December 16) and determine a six month allocation of
funds and a program for FY 87.
(WAM:br/2239P)
E
PROPOSED 18 MONTH CAPITAL IMPROVEMENT PROGRAM
1 PROJECT ESTIMATED COST COMMENTS
STREETS
A. Reconditioning/Overlay
1.-S.W. Main Street (Pacific $ 85,000 Includes: Conc. bus
Hwy. to Pacific Hwy.) pads, left turn
lanes, drainage and
access control.
2.-S.W. North Dakota $ 3,000 Overlay
(94th Ave. to 95th Ave.)
3.-S.W. 94th Ave. $ 3,000 Overlay
(North Dakota to Cul-de--sac).
4.-S.W. 90th Ave. $ 16,000 Overlay
(North Dakota to Greenburg)
5.-S.W. Fairview Court $ 4,000 Overlay
(Fairview Lane to Cul-de-sac)
6.-S.W. Fairview Lane $ 10,000 Overlay
(SW 115 to 11630 SW Fairview Ln.)
7.-S.W. 116th Place $ 4,000 Overlay
(Fairview Lane to Cul-de-sac)
8.-S.W. Lincoln Ave. $ 15,000 Overlay
(Greanburg to Commercial)
9.-S.W. Commercial St. $ 15,000 Overlay
(Main to Hall)
*10.-S.W. Sattler St. $ 35,000 Overlay
(96th Ave. to Hall)
11.-S.W. 68th Parkway $ 20,000 Overlay
(Hampton to 66th)
SUB-TOTAL $ 210,000
NOTE: *Currently County Road
Page 1
B. Reconstruction/New Construction
1-S.W. North Dakota St. $ 70,000 24' Including Drainage
(90th Ave. to 93rd Ave.)
2-S.W. 74th Ave. $ 25,000 24' Including Drainage
(Durham Rd. to Point South
of Bonita)
3-S.W. 104th Ave. $ 25,000 Local Street Standard
(McDonald to 200' North)
4-S.W. 76th Ave. $ 40,000 24' Including Drainage
(Durham Rd. to Bond Park)
1
5-S.W. Duvall St. $ 60,000 24' Including Drainage
(72nd Ave. to End)
*6-S.W. 109th Street $ 100,000 24' Including Drainage
(Naeve to South of Murdock) (Completes Connection
to Summerfield Drive)
*7-S.W. Naeve Street $ 100,000 24' Including Drainage
(109th Ave. to Pacific HWY.)
*8-S.W. 79th Ave. $ 210,000 24' Including Drainage
(Mara Woods Subdv. to
Bond Park Subdv.)
9-S.W. Murdock Street $ 40,000 24' Including Drainage
(106th Ave. to 103rd Ave.) (Completes Connection
to 98th Ave
10-S.W. Commercial Street $ 45,000 24' Including Drainage
(98th Ave. to 95th Ave.)
-assumes right-of-way obtained-
11-S.W. Tiedeman Re-aligmmnet $ 90,000 Collector Standards
(Northeast of Fowler Jr. High)
-assumes right-of-wary obtained-
12-S.W. North Dakota Street $ 60,000 Collector Standards
(At. SW 115th Ave.)
-assumes right--of-way obtained-
13-S.W. Hunziker Street $ 50,000 Collector Standards
(At. S.W. Hall) ($10,000 for
-assumes right-of-way obtained- Study Only)
SUB-TOTAL $1,140,000
$1,140,000
NOTE: *Currently County Road
Page 2
C. Signalization Contributions
1-Hall & Durham $ 25,000 FY 86/87
2-Greenburg & Tiedeman $ 80,000
*3-Scholls & North Dakota $ 10,000
4--McDonald & Hall $ 25,000 FY 86/87
5-Main & Burnham $ 80,000
5-Scholls & S.W. 135th Ave. $ 25,000 FY 86/87
7-Burnham/Hall $ 80,000
SUB-TOTAL $ 325,000
D. Right-of-way Acquisition
1-Hunziker/Hall Realignment $ 30,000 - $120,000
2-S.W. Commercial $ 75,000
(between 98th and 95th)
3-S.W. Tiedeman Realignment $ 35,000
(North of Fowler Jr. High)
4-S.W. No Dakota St. Realign. $ 35,000
(At. S.W. 115trh Street)
5-S.W. 79th Ave. Realignment $ 20,000
(At Bonita Rd.)
6-S.W. Burnham Street $ 60,000 - $191,000
(At Main Street)
7-Ash Ave. Extension
SUB-TOTAL $ 255,000 - $476,000
E. L.I.D. Contributions
1-Hall-Burnham $ 60,000
2-S.W. 68th Parkway $ 10,000
*3-S.W. 135th Avenue $ 10,000 P.E. Report
NOTE: *Currently County Road
Page 3
F. Collector Street Centerline $ 20,000 City Staff and/or
Design (Half-street criteria Cosultant
and Policy)
G. Streetlight Projects $ NIA
STREETS SUMMARY:
a) Reconditioning/Overlay $ 210,000
b) Reconstruct/New Contruction $1,140,000
c) Signalization $ 245,000
d) Right-of-way Acquisition $ 255,000
e) L.I.D. Contributions $ 80,000
f) Collector Street
Centerline Design . 20,000
TOTAL. . . . . . . . . . . .$2,030,000
WASTEWATER
A. Sanitary Sewer
1-Triangle Trunk $ 10,000 R.E. Report
2-Pinebrok Repair $ 25,000
3-S.W. 69th Mainline $ 18,000
4-L.I.D. contributions
a/100th/Inez $ 10,000
b/74th/Cherry $ 10,000
5-Master Plan $ 25,000 k
6-O.E.A. Access Paths $ 5,000
7-44atkins Repair $ 10,000
8-Miscellaneous Repairs $ 67,000
SUB-TOTAL $ 180,000
FY 86-87 1) Implement Master Plan
2) Continue Repairs
Page 4
B. Storm Sewer
1-Cascade Drainage Ditch $ 40,000 Easements and Piped
2-Canterbuay/Gaarde Drainage $ 40,000
System
3-99W Drainage System Report $ 10,000
4--{Murdock Drainage Repair $ 10.0U0
5-Fanno Creek Clean-up $ 10,000
6--Gentle Woods Channel $ 10,000
reinforcement
7-Ash Creek Regrading and $ 30,000 $145,000 Total Cost
cleaning (Phase I)
SUB-TOTAL $ 150,000
FY 86-87 and Beyond
Inplement 1981 CH2M Hill Drainage Plan
(Estimated Total $5,000,000)
PARKS
1. Cook Park
A. Drainage
B. Bikeways FY 85-86
C. Irrigation System
D. Boat Ramp
E. Paving and Curbing
$ 118,000
2. Jack Park
A. Restrooms $ 10,000
B. Sprinkler System $ 81000 FY 86-87 1st 6 months
C. Ballfield $ 3,000
D. Sports Court $ 4,000
$ 25,000
3. Summerlake --
4. Woodard
A. Tables and Grills $ 2,500 FY 85-86
5. Liberty
A. Sprinkler System $ 3,800 FY 86-87 1st 6 months
6. Fanno Creek Park $ 5,000 FY 86-87 1st 6 months
7. Summercreek Trails $ 30,000 FY 85-86
S. Greenway Acquisition $ 50,000 FY 86-87 1st 6 months
TOTAL $233,500
( ` (2239P)
Page 5
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: December 16, 1985 AGENDA ITEM N: `
DATE SUBMITTED: December 12, 1985 PREVIOUS ACTION: September, 1985
ISSUE/AGENDA TITLE: Review
Civil Infraction Ordinance PREPARED BY: William A. Monahan
REQUESTED BY:
DEPARTMENT HEAD OK: �4' Z -- _ CITY ADMINISTRATOR:
POLICY ISSUE
Should the City enforce its municipal codes as criminal offenses, or civil
infractions? If code violations are made civil infractions, service of
process and enforcement will become easier to accomplish.
INFORMATION SUMMARY
The staff has worked with the City Attorney's office to draft a civil
infraction ordinance. At the last discussion of this type in September, the
staff suggested changing the hearings process to eliminate a role for the
municipal judge and to replace that position with a hearings officer. The
attached ordinance accomplishes this and includes other corrections.
The staff also has requested input to prepare a breakdown of civil infractions
by class of infraction or severity.
ALTERNATIVES CONSIDERED
1. Review and discuss the proposal ordinance and direct the staff to
prepare the ordinance for consideration at a public hearing.
2. Take no action.
SUGGESTED ACTION
The Council should review and discuss the proposal ordinance and direct the
staff to prepare the ordinance for consideration at a public hearing.
(WAM:br/2244P)
{ CITY OF TIGARD, OREGON
ORDINANCE NO. 85-
AN ORDINANCE AMENDING 5.04.180 AND REPEALING SECTION 5.04.190, CHAPTER 7.40
AND SECTION 18.24.030 AND DEFINING NUISANCES AND CIVIL INFRACTIONS,
ESTABLISHING NUISANCE ABATEMENT PROCEDURES AND CIVIL_ INFRACTION PROCEDURES,
AND ESTABLISHING CIVIL PENALTIES.
WHEREAS, in order to protect the public health, safety and welfare there must
be a process for enforcing the provisions of the the Tigard Municipal Code;
WHEREAS, the Tigard Municipal Code currently makes a violation of the Code a
criminal act, and current practice among cities is to establish civil
proceedings;
WHEREAS, this ordinance defines public nuisances, establishes nuisance
abatement procedures, establishes civil infraction procedures administered by
the hearings officer, and establishes civil infraction penalties for unpaid
business taxes and zoning ordinance violations;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Exhibit "A" entitled "Civil Infractions Ordinance" shall be adopted
and made a part of Title 2.
Section 2. Section 5.04.108 shall be amended to read as follows:
The City is authorized to conduct inspections to insure the
administration and enforcement of this chapter. [In addition, all
city police officers are charged with the responsibility of
administration and enforcement of this chapter.] The code
enforcement officer(s) shall be responsible for the enforcement of
this chapter.
Section 3. Section 5.04.190 shall be repealed and the provisions set forth in
Exhibit "B" entitled "Business Tax Penalties" shall be adopted and
codified as 5.04.190.
Section 4, Chapter 7.40 shall be repealed and the provisions of Exhibit "C:
entitled "Nuisance Ordinance" shall be adopted and codified as
Chapter 7.40, Nuisances,
Section 5. Exhibit "D" entitled "Nuisance Abatement Procedures" shall be
adopted and codified as Chapter 7.42.
ORDINANCE NO. 85-
Page 1
a
Section 6. Section 18.24.030 shall be repealed and Exhibit "E" entitled
"Zoning Violation Penalties" shall be adopted and codified as
18.24.030.
PASSED: By vote of all Council members present after
being read by number and title only, this day
of 1985.
Loreen R. Wilson, Deputy Recorder
APPROVED: This day of 1985.
John E. Cook, Mayor
(WAM:bs12209P)
E
ORDINANCE NO. 85— €
Page 2
c
EXHIBIT "A"
` CIVIL INFRACTIONS ORDINANCE
Section 1: Title
Section 2: Establishment 6 Purpose
A. Purpose
Section 3: Culpability; Nonexclusive Remedy
Section 4: Definitions
Section 5: Infraction Procedures
A. Reporting
B. Review of Facts; Sufficiency of Evidence
C. Notice of Violation a Prerequisite to Issuance of Complaint
1, Validity of Notice of Violation
2, Class 1 Infraction
3. Class 2 and 3 Infraction
4. Time to Remedy Violation after Notice of Violation
5, Notice of Violation
6, Information Required for Notice of Violation
7, Failure to respond to Notice of Violation
8. Voluntary Compliance Agreement
a. Effect of Agreement
b. Failure to Comply with Agreement
D. Issuance of Uniform Infraction Summons and Complaint
1. Timing of Service
2. Form of Summons and Complaint
3. Service; Service by Mail and Failure to Receive Notice; Default
E. Answer by Responsible Party
1. Answer Required
2. Admission
3. Denial
F. Hearing Procedures
1. Jury
2. Representation by Counsel
3. Opportunity To Be Heard; Cross—Examination
4. Witnesses
5. The Hearing--Admissible Evidence
6. Burden of Proof
7. The Decision
S. Civil Penalty and Assessment of Fees
9. The Record
10. Finality of Decision; Appeal
Section 6: Enforcement
ORDINANCE NO. 85—
Page 3
Section 7: Civil Penalty
A. Continuous Infraction
B. Time Payment Due
C. Classification of Civil Penalties
D. Assessment of Civil Penalties
E. Delinquent Civil Penalties
Section 8: Lien Filing and docketing
Section 9: Code Enforcement Officers Authorized to Promulgate Rules
Section 10: Reference to State Law
Section 11: Effect of this Ordinance
ORDINANCE NO. 85—
Page 4
CIVIL INFRACTIONS ORDINANCE
Section 1: Title. This Ordinance shall be known as the "Civil Infractions
Ordinance" and may also be referred to herein as "this chapter".
Section 2: Establishment and Purpose
A. Purpose
1. The purpose of this chapter is to establish civil procedures for
the enforcement of certain provisions of the Tigard Municipal
Code.
2. These Civil infraction procedures have been established for the
purpose of decriminalizing penalties for infractions of certain
civil ordinances and for the purpose of providing a convenient
and practical forum for the civil hearing and determination of
cases arising out of said violations.
3. These procedures are being adopted pursuant to the home rule
powers granted the City of Tigard by Article IV, Section 1, and
Article XI, Section 2, of the Oregon Constitution.
Section 3: Culpabilit; Nonexclusive Remedy
A. Acts or omissions to act which are processed pursuant to the
provisions of this chapter or are designated as an infraction by any
City ordinance do not require a culpable mental state as an element
of this infraction.
B. The procedure prescribed by this chapter shall be the exclusive
procedure for imposing a civil penalty; however, this section shall
not be read to prohibit in any way any alternative remedies set out
in the Tigard Municipal Code which are intended to abate or alleviate
Code violations, nor shall the City be prohibited from recovering, in
a manner predescribed by law, any expense incurred by it in abating
or removing ordinance violations pursuant to any Code provision.
Section 4: Definitions
A. For the purpose of Section 1 through it of this chapter, the
following terms shall mean:
1. Civil Infraction. The Commission of an act or omission to act in
a manner prescribed by this chapter or Code constituting a
breach, violation or infringement of a section of the City Code
or this chapter constitutes a civil infraction.
2. Civil Penalty; Civil Penalty Schedule. The only penalty to be
imposed for an infraction is a monetary penalty called a civil
penalty.
3. Code enforcement officer. The designee or designees appointed by
the Director of Community Development.
ORDINANCE NO. 85—
Page 5
4. Notice of Violation. Any prior contact between the Code
enforcement officer and the responsible party regarding the
illeged infraction, including but not limited to a phone call,
personal oral communication at any location, letter or other form
of written communication, or a prior citation issued for the same
or similar infraction which gives the responsible party notice of
the alleged violation.
5. Responsible party_. The person responsible for cuing or
remedying an infraction, which includes:
a. The owner of the property or the owner's manager or agent or
other person in control of the property on behalf of the
owner;
b. The person occupying the property including bailee, lessee,
tenant or other person having possession;
c. The person who is alleged to have committed or authorized the
commission of the infraction.
6, Voluntary Compliance Agreement. a written agreement between the
code enforcement officer and the responsible party which is
intended to resolve the problem which gives rise to the complaint.
Section 5: Infraction Procedures
A. Reporting. All reports or complaints of infractions covered by this
chapter shall be made to the code enforcement officer.
B. Review of Facts; Sufficiency of Evidence
1. When an infraction is reported to the code enforcement officer,
the code enforcement officer shall prepare a statement of the
facts and shall review the facts and circumstances surrounding
the alleged infraction against the Code provisions which apply to
the alleged violation.
2. The code enforcement officer shall not proceed further with the
matter upon a determination that sufficient evidence does not
exist to support the allegation that an infraction has occurred
or that it is not in the best interest of the City.
C. Notice of Violation A Prerequisite to Issuance of Complaint
1. Validity of Notice of Violation
a. In order to be effective, any notice of the violation must be
made within 120 days preceding the issuance of the uniform
infraction citation.
b. Notice of the violation shall be deemed to have occurred if
the alleged infraction is related to regulated activity for
which the City has issued any permit, license, agreement, or
written directive required by law or policy of the City in
conjunction with the regulated activity. No time limit shall
apply and no subsequent notice shall be required.
ORDINANCE NO. 85-
Page 6
MMM
2. Class 1 Infraction. Notice of the violation may be made with the
responsible party before a uniform infraction summons and
complaint is issued for a Class 1 infraction. It is not a
prerequisite to the issuance of the summons and complaint, and is
at the sole discretion of the code enforcement officer.
3. Class 2 and 3 Infraction. Notice of the violation shall be made
with the responsible party before a uniform infraction summons
and complaint is issued for a Class 2 or Class 3 infraction.
4. Time to Remedy Violation after Notice of Violation. The code
enforcement officer shall give the responsible party a reaso,iable
time to cure or �-enedy the alleged infraction after the notice is
given. The time allowed shall not be less than seven days nor
more than 30 days, except where there is a finding of a danger to
the public health, safety or welfare, in which case immediate
compliance may be ordered. Where there is no danger to the
public and there is an extreme hardship, additional time may be
granted. Any alleged extreme hardship shall be documented by the
responsible party and shall be made a part of the record.
5. Notice of Violation.
a. Methods of giving notice.
1. Notice of the violation may be given in person by the code
enforcement officer to the responsible party. The
responsible party shall be given a Notice of Violation;
L 2. Notice of the violation may be made by a telephone call to
the responsible person. The responsible party shall be
given a Notice of Violation by first class mail; or
3. Notice of the violation constituting a prior contact may
be made by mailing the Notice of Violation by registered
or certified mail, return receipt requested.
b. Computation of Time Period.
1. Where the Notice of Violation is delivered in person, the
time period shall begin to run immediately
2. Where the notice of Violation is mailed to the responsible
party, for purposes of computing any time period
prescribed by this chapter, notice shall be complete three
days after such mailing, if the address to which it is
mailed is within the state, and seven days after mailing
if the address to which it is mailed is outside the state.
6. Information Required for Notice of Violation. The following
information shall be communicated to the responsible party in the
Notice of Violation:
a. A description or identification of the activity constituting
the alleged infraction and identification of the recipient as
being the responsible party for the infraction;
b. A statement that the code enforcement officer has determined
the activity to be an infraction;
ORDINANCE NO. 65—
Page 7
c. A statemert of the action required to remedy or cure the
infraction and the time and/or date by which the remedy must
be completed, unless the responsible party enters into a
Voluntary Compliance Agreement; and
d. A statement advising that, if the required abatement is not
completed within the time specified, or the responsible party
has not entered into a Voluntary Compliance Agreement, a
uniform infraction summons and complaint will issue and that
a forfeiture in the maximum amount provided by the Code for
that particular infraction could be imposed.
7. Failure to Res and to Notice of Violation. When a responsible
party either receives or rejects the Notice of Violation and
fails to cure the violation within the time specified in the
Notice of Violation, the code enforcement officer may serve the
responsible party with a summons and complaint.
8. Voluntary Compliance Aareement.
a. Effect of Aareement
1. The code enforcement officer may enter into a written
voluntary compliance agreement with the responsible
party. The agreement shall include time limits for
compliance and shall be binding on the responsible party.
2. The fact that a person alleged to have committed a civil
f infraction enters into such an agreement shall not be
considered an admission of having committed an infraction
for any purpose.
3. The City shall hold further processing of the alleged
violation in abeyance during the time allowed in the
voluntary compliance agreement for the completion of the
necessary corrective action. The City shall take no
further action concerning the alleged violation if all
terms of the voluntary compliance agreement are satisfied,
other than those steps necessary to terminate the matter.
b. Failure to Comply with Aareement. The failure to comply with
any term of the voluntary compliance agreement constitutes a
separate Class 1 Civil Infraction and shall be handled in
accordance with the procedures established by this chapter,
except no prior contact after the voluntary compliance
agreement has been signed need be made before the uniform
infraction summons is issued. The City may also proceed with
processing the alleged infraction giving rise to the
voluntary compliance agreement.
D. Issuance of Uniform Infraction Summons and Complaint
1. Timing of Service. A uniform infraction summons and complaint
signed by the code enforcement officer may be filed with the
( hearings officer charging the responsible party with the civil
infraction and setting a date for the responsible party to appear
before the hearings officer to answer the complaint under the
following circumstances:
ORDINANCE NO. 85
Page 8
a. The summons and complaint may be served immediately upon
discovery of the violation if it is a Class 1 infraction.
b. Where a Notice of Violation is given or is required, the
summons and complaint may be served on a responsible party
who received notice or rejected notice when the time given in
the Notice of Violation has expired.
c. Where a Voluntary Compliance Agreement has been executed, the
time for compliance has lapsed and the infraction has not
been cured.
2. Form of Summons and Complaint
a. The Code enforcement officer shall prescribe the form of the
uniform infraction summons and complaint, but it shall
consist of at least three pages. Additional pages may be
inserted for administrative purposes by those charged with
the enforcement of the ordinances. The required pages are:
1. The complaint;
2. The City department record; and
3. The summons.
b. Each of the three pages shall contain the following
information:
1. The name of the hearings officer and the hearing's officer
file number;
2. The name of the person cited;
3. The infraction with which the person is charged;
4. The date, time and place the infraction occurred or, if
the infraction is of a continuing nature, the date, time
and place the infraction was observed by the code
enforcement officer or the citizen signing the complaint;
5. The date on which the complaint was issued;
6. The scheduled civil penalty for the alleged infraction;
7. The time and place at which person cited is to appear
before the hearings officer to answer the complaint;
S. The name of the person who signed the complaint
c. A form of verification that the person signing the complaint
swears that the person has reasonable grounds to believe, and
does so believe, that the person cited committed the
infraction; and
d. Notice to the person cited that a civil complaint will be
filed with the hearings officer of the City.
3. Service; Service by Mail and Failure to Receive Notice; Default.
a. Service on individuals may be made by the code enforcement
officer or any authorized agent of the City by any of the
following means:
s
ORDINANCE NO. 85
Page 9
1. Service may be made by mailing the summons and complaint
by restricted or unrestricted certified or registered
mail, return receipt requested. For purposes of computing
any time period prescribed by this chapter, service by
mail shall be complete three days after such mailing if
the address to which it was mailed is within the state,
and seven days after mailing if the address to which it is
mailed is outside the state.
2. Service may be made by delivering the summons and
complaint directly to the person to be served.
3. Substituted service may be made by delivering a copy of
the summons and complaint at the dwelling house or usual
place of abode of the person to be served, to any person
over fourteen (14) years of age residing in the dwelling
house or usual place of abode of the person to be served.
Where substituted service is used, the code enforcement
officer, as soon as reasonably possible, shall cause to be
mailed a true copy of the summons and r.implaint to the
responsible party at the responsible party's dwelling
house or usual place of abode, together with a statement
of the date, time, and place at which substituted service
was made. For the purpose of computing any period of time
prescribed or allowed by this chapter, substituted service
shall be complete upon mailing.
4. If the person to be served maintains an office for the
conduct of business, office service may be made by leaving
a true copy of the summons and complaint at such office
during normal working hours with the person who is
apparently in charge. Where office service is used, the
code enforcement officer, as soon as reasonable possible,
shall cause to be mailed a true copy of the summons and
complaint to the responsible party at the responsible
party's dwelling house or usual place of abode or the
responsible party's place of business or such other place
under the circumstances that is most reasonably calculated
to apprise the responsible party of the existence and
pendency of the action, together with a statement of the
date, time, and place at which office service was made.
For the purpose of computing any period of time prescribed
or allowed by this chapter, office service shall be
complete upon such mailing.
b. Service on particular responsible parties; minors, _
incapacitated persons, corporations, limited partnerships,
the State, other public bodies, general partnerships and
unincorporat ions, shall be on the persons named in the Oregon
Rules of Civil Procedure.
c. No default shall be entered against any responsible party
served by mail under this subsection who has not either
received or rejected the registered or certified letter
containing a copy of the summons and complaint unless
authorized by the hearings officer.
ORDINANCE NO. 85-
Page 10
i -
E. Answer by Responsible Party
1. Answer Required, A person who receives a summons and complaint
alleging an infraction shall answer the complaint by personally
appearing to answer at the time and place specified therein;
except an answer may be made by mail or personal delivery if
received by the City within ten days of the date of the receipt
of the summons and complaint as provided in subsection 2 and 3
below.
2. Admission
a. If the person alleged to have committed an infraction admits
the infraction, the person may complete the appropriate
answer on the back of each summons and forward the summons to
the hearings officer. Cash, check or money order in the
amount of the civil penalty for the infraction alleged, as
shown on the face of the summons, shall be submitted with the
answer. Upon receipt of the civil penalty an appropriate
order shall be entered in the hearings officer records.
b. A person who admits to the infraction shall have teen days
from the date the order is entered in the hearings officer
records to cure or remedy the situation, except in situations
where the code enforcement officer determines there is a
danger to the public, in which case a lesser amount of time
may be specified.
3. Denial
a. If the person alleged to have committed the infraction denies
part or all of the infraction, the person may request a
hearing by completing the appropriate answer on the back of
the summons and forwarding the summons, together with
security court fees, to the hearings officer. Upon receipt,
the answer shall be entered and a hearing date established by
the hearing: officer. The hearings officer shall notify the
person alleged to have committed the infraction, by return
mail, of the date of the hearing. The security received
shall be returned upon appearance for the hearing by the
person alleged to have committed the infraction, except as
otherwise provided in this ordinance.
b. The security deposit may be waived in whole or in part at the
discretion of the hearings officer for goad cause shown and
upon written application of the person alleged to have
committed the infraction setting forth the reason for
requesting the waiver and certifying that the person alleged
to have committed the infraction will attend the hearing when
scheduled.
F. Hearin Procedures
1. jury, Every hearing to determine whether an infraction has been
committed shall be held before the hearings officer without a
jury.
ORDINANCE NO. 85--
Page 11
2. Representation by counsel. The defendant may be represented by
legal counsel; however, legal counsel shall not be provided at
public expense. If legal counsel is to appear, written notice
shall be provided to the hearings officer no later than five days
prior to the hearing date.
3. Opportunity To Be Heard; Cross-Examination. The defendant shall
have the right to present evidence and witnesses in the
defendant's favor, to cross-examine witnesses who testify against
the defendant, and to submit rebuttal evidence.
4. Witnesses
a. The defendant alleged to have committed the infraction may
request that witnesses be ordered to appear by subpoena at
the hearing. The defendant shall make such a request in
writing to the hearings officer at the time the answer is
returned, or subsequently by mail at any time at least five
days prior to the scheduled hearing. A deposit for each
witness shall accompany the request, such deposit to be
refunded if no civil penalty is assessed by the final order.
The deposit shall be in the amount equal to the witness fee
allowed by statute for witnesses in circuit court.
b. Subject to the same five-day limitation, the code enforcement
officer, the citizen who signed the complaint or the city
attorney, as appropriate, any also request in writing that
the hearings officer order certain witnesses to appear by
subpoena. If a civil penalty is declared in the final order,
the order shall also provide that the defendant shall pay any
witness fees payable in connection with the hearing.
5. The Hearin--Admissible Evidence.
a. Relevant Evidence. The hearing shall be limited to
production of evidence only on the infraction alleged in the
complaint.
b. Oral Evidence. Oral evidence shall be taken only on oath or
affirmation.
c. Admissibility of Evidence. Any relevant evidence shall be
admitted if it is the type of evidence on which responsible
persons are accustomed to rely in the conduct of serious
affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of
such evidence over objection in civil actions in courts of
competent jurisdiction in this state.
d. Exclusion of Evidence. Irrelevant and unduly repetitious
evidence shall be excluded.
1.
t
ORDINANCE NO. 85-
Page 12
Y
1
6. Burden of Proof. The complainant or, if the City is the
complainant, the code enforcement officer shall have the burden
of proving the alleged ordinance infraction by a preponderance of
the evidence.
7. The Decision. The hearings officer shall determine whether the
infraction as alleged in the complaint was committed, after due
consideration of the evidence and arguments presented at the
hearing. When the infraction has not been proven, an order
dismissing the complaint shall be entered in the hearings officer
records. A copy of the order shall be delivered, personally or
by mail, to the person named in the order. When the hearings
officer finds that the infraction was committed, and upon written
request by a party to the hearing, the order shall include a
brief statement of the necessary findings of fact to establish
the infraction alleged.
B. Civil Penalty; Assessment of Fees Other RemAdies. Upon a
Finding that an infraction has occurred, the hearings officer may:
a. Assess a civil penalty pursuant to Section 7 of this chapter,
plus hearings costs and witness fees. The hearings officer
is authorized to set reasonable hearing costs, including
security for hearings fees, by city council order.
b. Require or enjoin the performance of an act affecting real
property, enjoin continuance of a violation that has existed
for ten days or more, or enjoin further commission of a
violation that otherwise may result in additional violations
of the same or related penal provisions affecting the public
morals, health or safety. These remedies may be imposed in
addition to a civil penalty or in lieu of a civil penalty.
9. The Record. The hearing officer shall maintain a record of its
proceedings. A mechanical recording of the hearing accompanied
by any written documents, correspondence or physical evidence
associated with the matter shall be sufficient to meet the
requirements of this subsection.
10. Finality of Decision; Appeal. The determination of the hearings
officer shall be final. Review of the hearings officer's
determination shall be to the circuit court by writ of review
pursuant to ORS Chapter 34.
Section 6. Enforcement.
A. Subject to the limitations set forth in Section 5(D)(3)(c), a default
judgment shall be entered for the scheduled civil penalty applicable
to the charged infraction if a cited person fails to answer the
summons or fails to appear at a scheduled hearing. In addition, when
a person fails to appear for a hearing, the security posted, or an
amount equal to the security waived, shall be ordered forfeited.
ORDINANCE NO. 85—
Page 13
f
Section 7. Civil Penalty.
A. Continuous Infraction. When an infraction is of continuous nature,
unless otherwise specifically provided a separate infraction shall be
deemed to occur on each calendar day the infraction continues to
exist.
8. Time Payment Due. Any civil penalty assessed shall be paid no later
than thirty days after the final order declaring the civil penalty is
deposited in the mail. Such period may be extended upon order of the
hearings officer.
C. Classification of Civil Penalties. For the purpose of determining
civil penalties, infractions are classified in the following
categories:
1. Class 1 infractions.
2. Class 2 infractions.
3. Class 3 infractions.
D. Assessment of Civil Penalties. The civil penalty to be assessed for
a specific infraction shall be as follows:
1. Pursuant to specific provisions under this Code setting forth the
assessment; or
2. Pursuant to the following civil penalty schedule where the Code
does not provide for a specific civil penalty:
a. Class 1 infraction; an amount not exceeding $250.00;
b. Class 2 infraction, an amount not exceeding $150.00;
c. Class 3 infraction, an amount not exceeding $50.00.
E. Delinquent Civil Penalties. Delinquent civil penalties and those
brought to default judgment which were assessed for infractions may,
in addition to any other method, be collected or enforced pursuant to
ORS 30.310 or ORS 30.315.
Section 8. lien Filing and Docketing,
A. When a judgment is given by the hearings officer in favor of the City
for the sum of $10.00 or more, exclusive of costs and disbursements,
the code enforcement officer may, at any time thereafter while the
judgment is enforceable, file with the City's Finance Director a
certified transcript of all those entries made in the docket of the
hearings officer with respect to the action in which the judgment was
entered.
8, Thereupon, the Finance Director shall enter the judgment of the
hearings officer on the City's lien docket.
ORDINANCE NO. 85—
Page 14
C. From the time of entry of the hearings officer judgment on the City's
lien docket, the judgment shall be a lien upon the real property of
the person against whom judgment was entered in the hearing. Except
as provided in subsection D. entry of the hearings officer judgment
in the City's lien docket shall not thereby extend the lien of the
judgment more than ten years from the original entry of the judgment
in the hearing.
D. Whenever a judgment of the hearings officer which has been entered
pursuant to this section is renewed by the hearings officer, the lien
established by subsection C of this section is automatically extended
ten years from the date of the renewal order.
E. The Finance Director may file the transcript of the judgment with the
county clerk for entry in the judgment docket of the circuit court.
Section 9. Code Enforcement Officer Authorized To promulgate Rules. The
code enforcement officer is authorized to promulgate any rules,
procedures or guidelines the code enforcement officer considers
advisable to enforce this chapter; however, final approval of any
rules, procedures or guidelines shall be made by the City Council
by ordinance.
Section 10. Reference to State Law. Any reference to a state statute
incorporates the statute in effect on (effective date of
ordinance) into this ordinance by reference.
Section 11. Effect of This Ordinance.
A. Citations or complaints issued and filed with the municipal court
prior to the effective date of this ordinance shall be processed in
accordance with the provisions in effect at the time the complaint
was issued.
B. Nothing in this ordinance shall be construed as a waiver of any prior
assessment, bail or fine ordered by the municipal court.
(2209p)
ORDINANCE NO. 95—
Rage 15
EXHIBIT "B"
BUSINESS TAX PENALTIES
5,04.190 Penalties.
a. Violation of this chapter shall constitute ua procedureslestablished vil lin
which shall be processed according
nce, Section 1 through Section 11.
the Civil Infractions Ordina
rov
sion of this
ll
b, Each violation separate
crate inf racoon, panda chapter
each day that a volati naof
constitute p
this chapter is committed or permitted to continue shall constitute a
separate infraction.
on
c. A finding that a person has
act to committed
relieve civilinfraction
1person ifrom npayment l of
of this chapter shall delinquent charges, for which the
any unpaid business tax, including g this section are in
person is liable. The penalties imposed by
addition to and not in lieu of any remedies available to the City.
d, Payment of the business tax after the complaint and summons is served
[ is not a defense.
` e. If a provision of this chapter is violated by a firm or corporation,
the officer or officers, or person or persons responsible for the
violation shall be subject to the penalties imposed by this chapter.
(2209P)
z ORDINANCE NO. 85—
Page 16
EXHIBIT "C"
r CHAPTER 7.40
NUISANCE ORDINANCE
Section 1. Short Title
Section 2, Definitions
Section 3. Declaration of Nuisance
Section 4. Nuisances Affecting the Public Health
1. Privies
2. Debris
3. Stagnant Water
4. Water Pollution
5. Odor
6. Surface Water
7. Cesspools
8. Animals
9. Removal of Carcasses
Section 5. Nuisances Affecting Public Safety
1. Noxious Vegetation
2. Trees, Streets and Sidewalks
3. Greenway Maintenance
4. Open Storage of Junk
5. Attractive Nuisance
6. Scattering Rubbish
Section 6. Nuisances Affecting the Public Peace
1. Noise
Section 7. Permits Required
.` 1. Permits Required for Certain Events Using Amplified Sound
Section 8. Penalties
ORDINANCE NO. 85—
Page 17
NUISANCE ORDINANCE
Section I. Short Title. This ordinance shall be known as the "Nuisance
Ordinance" and may also be referred to herein as "this chapter."
Section 2. Definitions.
1. Responsible party. The person responsible for curing or remedying a
nuisance, which includes:
a. The owner of the property or the owner's manager or agent or
other person in control of the property on behalf of the owner;
b. The person occupying the property including bailee, lessee,
tenant or other person having possession;
c. The person who is alleged to have committed the acts or
omissions, created or allowed the condition to exist or placed
the object or allowed the object to exist on the property.
Section 3. Declaration of Nuisance.
1. The acts, omissions, conditions or objects specifically enumerated in
this ordinance are hereby declared to be a public nuisance. Public
nuisances may be abated by the procedures set forth in the Nuisance
Abatement Procedures, Chapter 7.42.
2. In addition to the nuisances specifically enumerated within this
ordinance, every other thing, substance, or act which is determined
by the Council. to be offensive, injurious or detrimental to the
public health safety or welfare of the City is declared to be a
nuisance and may be abated as provided by the procedures set forth in
the Nuisance Abatement Procedures, Chapter 7.42.
Section 4. Nuisances Affecting the Public Health.
No person shall cause or permit a nuisance affecting the public
health. The following are nuisances affecting the public health:
1. Privies. An open vault or privy constructed and maintained with the
City, except those constructed or maintained in connection with
construction projects in accordance with the State Health Division
regulations.
2. Debris. Accumulations of debris, rubbish, manure and other refuse
that affect the health of surrounding persons.
3. Stagnant Water. Stagnant water which affords a breeding place for
mosquitoes and other insect pests.
4. Water Pollution. Pollution of a body of water, well, spring, stream,
or drainage ditch by sewage, industrial wastes, or other substances
placed in or near the water in a manner that will cause harmful
material to pollute the water.
ORDINANCE NO. 85--
Page Ig
NX
5. Odor. Any animal, substance or condition on the premises that is in
such a state or condition as to cause an offensive odor detectible at
a property line or that are in an unsanitary condition.
6. Surface Drainage. Drainage of liquid wastes from private premises.
7. Cesspools. Cesspools or septic tanks that are in an unsanitary
condition or which cause an offensive odor.
8. Animals. Animals including livestock or buildings for the purpose of
maintaining livestock or animals maintained in such places or in such
a manner that they are offensive or annoying to the residents within
the immediate vicinity, or maintaining the premises in such a manner
as to be a breeding place or likely breeding place for rodents,
flies, and other pests.
9. Removal of Carcasses. An animal carcass permitted to remain on
public property or to be exposed on public property for a period of
time longer than is necessary to remove or dispose of the carcass.
Section 5. Nuisances Affecting-Public Safety.
1, Noxious Vegetation.
a. The term "noxious vegetation" does not include vegetation that
constitutes an agricultural crop, unless that vegetation is a
health hazard, a fire hazard or a traffic hazard, and it is
vegetation within the meaning of subsection (b).
b. The term "noxious vegetation" includes:
(1) Weeds more than 10 inches high;
(2) Grass more than 10 inches high and not within the exception
stated in subsection (a) of this section;
(3) Poison oak, poison ivy or similar vegetation.
(4) Dead trees, dead bushes, stumps and any other thing likely to
cause fire.
(5) Blackberry bushes that extend into a public thoroughfare or
across a property line.
(6) Vegetation that is a health hazard.
(7) Vegetation that is a health hazard because it impairs the
view of a public thoroughfare or otherwise makes use of the
thoroughfare hazardous.
c. No owner or responsible party shall allow noxious vegetation to
be on the property or in the right of way of a public
thoroughfare abutting on the property. The owner or responsible
party shall cut down or destroy grass, shrubbery, brush, bushes,
weeds or other noxious vegetation as often as needed to prevent
ahem from becoming unsightly or, in the case of weeds or other
noxious vegetation, from maturing or from going to seed.
ORDINANCE NO. 85—
Page 19 '
2, Trees• Streets and Sidewalks
a, No owner or rees or
sponsible party shall permit tree eet t or public
bushes on the property to extend into a public streor p
sidewalk in a manner which interferes with street or sidearty
traffic. It shall be the duty u of an
premisesowhicheadjoin '}
to keep all tree branches o ing the adjoining
the public street or public sidewalk, includht feet
parking strip, trimmed to a height of not less than et
ten feet above the street.
above the sidewalk and not less than
b, No owner or responsible party shall allow to stand any dead or othet is in danger of falling or rwise
tree that „M1il: or to persons or property on
constitutes a hazard to the p_._
or near the property•
responsible party shall keep a public street and/or
C. The owner or respa' free from earth. rack and other
sidewalk abutting their property obstruct or render the street
debris and other objects that may
or sidewalk unsafe for its intended use.
3, Gre�nwav Maintenance.
a. The owner or responsible party shall be responsible fCity or
or the
maintenance of the property subject tto an easEXCeP� t°asthotherwise
to the public for greenway purposes.
provided by this section, the standards for maintenance shall be
as follows:
(1) The land shall remain in its natural topographic
condition. No private structures, culverts, excavations
or fills shall be constructed withinthe ineer aasemenbased t areaa
unless authorized by the city rotect the property or the
finding of need in oder to p
public health, safety or welfare;
less
un
(2) No tree over five feet in height steall be based eonva finding
authorized by the planning
directorthat the tree constitutes a nuisance or a hazard;
(3) Grass shall be kept cut to a height not exceeding ten
inches, except when some natural condition prevents
cutting.
b. In situations where the Approval Authority establishes different
the standards shall be in
standards or additional standards, erson shads be found in
writing and shall be recorded. No p
violation of this section tru ti of noticethe oof the de estandards ss the rprior tothe
given actual or cons
time the violation occurred.
shall deposit,
4• aped rape of Junk. Na person ° responsible
property,party
except in a fully
real
store, maintain or keep on anytacle, any of the
enclosed storage facility, building or garbage recap
following:
a ORDINANCE NO. 85--
Page 20
a. An icebox or refrigerator, or similar container which seals
essentially air tight, without first removing the door;
�T
b. Inoperable, partially dismantled automobiles, trucks, bus
trailers or other vehicle equipment or parts thereof in a state
of disrepair for more than ten calendar days as to any one
automobile, truck, bus, trailer or piece of vehicular equipment;
c. Used or dismantled household appliances, furniture, other
discards or junk for more than five days.
5. Attractive Nuisances.
a. No owner or responsible party shall permit on the property:
(1) Unguarded machinery, equipment, or other devices which are
attractive, dangerous, and accessible to children;
(2) Lumber, logs, building material or piling placed or stored in
a manner so as to be attractive, dangerous, and accessible to
children;
(3) An open pit, quarry, cistern, or other excavation without
safeguards or barriers to prevent such places from being used
by children; or
(4) An exposed foundation or portion of foundation, any residue,
debris or other building or structural remains for more than
30 days after the destruction, demolition or removal of any
building or portion of the building.
b. This section shall not apply to authorized construction projects
with reasonable safeguards to prevent injury or death to playing
children.
6. Scattering Rubbish. No person shall deposit upon public or private
property any kind of rubbish, trash, debris, refuse, or any substance
that would mar the appearance, create a stench or fire hazard,
detract from the cleanliness or safety of the property, or would be -_
likely to injure a person, animal, or vehicle traveling upon a public
way. _
Section 6. Nuisances Affecting the Public Peace.
1. Noise.
a. Definitions. For purposes of this section, the following mean:
(1) Ambient Noise. The all—encompassing noise associated with a
given environment, being usually a composite of sounds from
many sources, near and far. ;
ORDINANCE NO. 85—
Page 21
(2) Noise Sensitive Property. Real property on which people
normally sleep and, in addition, schools, churches, hospitals
and public libraries.
b. No person shall operate a motor vehicle in such a manner or at
such a location as to cause the noise created by the vehicle to
cause the ambient noise level at the nearest noise sensitive
property to exceed the levels specified in subsection (d) of this
section, as measured at a point located 25 feet from the
noise-sensitive structure toward the noise source.
c. Except as may be expressly allowed pursuant to the provisions of
Section 8, no person shall cause or permit noise to emanate from
the property under his or her control so as to cause the ambient
noise level at the nearest noise-sensitive property to exceed the
levels set forth in subsection (d) of this section, as measured
at a point located 25 feet from the noise-sensitive structure
toward the noise source.
d. Allowable noise limits are as follows:
Time Maximum noise level, DBA
7 a.m. - 10 p.m. 60
10 p.m. - 7 a.m. 55
e. The restrictions imposed by subsections (b), (c) and (d) of this
section shall not apply to the following:
(1) Emergency equipment not operating on a regular or scheduled
basis:
(2) Noise emanating from the Pacific Highway, Highway 1-217 and
Highway 1-5;
(3) Sounds originating on construction sites and reasonably
necessary to the accomplishment of work in progress;
provided, however, that no construction work may be carried
on between the hours of 9 p.m. and 7 a.m. , except for bona
fide emergencies where the public health or safety is
threatened or when a special permit, granted by the City
Council, has been first obtained. Any such special permit
may be granted by the City Council only after first having
held a hearing and having otherwise followed the
administrative procedures contained in Chapter 18.32 of this
Code;
(4) Emergency repair equipment not operated on a regular or
scheduled basis; and
(5) Lawn, garden or household equipment associated with the
[f normal repair, upkeep or maintenance of property.
f.
ORDINANCE NO. 85-
Page 22
f. No person shall operate within the city limits of the city of
Tigard a motor vehicle exhaust-braking system, commonly known as
a "jake brake." For the purposes of this subsection, the
exceptions set forth in subsection (e) of this section shall not
apply, and this section shall be read as an absolute prohibition
of the operation of such motor vehicle braking systems within the
city of Tigard.
g. No person shall cause or permit noise to emanate from sound
amplifying equipment under their control so as to cause the
ambient noise level to exceed 60 DESA at any distance 100 feet or
more from the source between the hours of 7 a.m. and 10 p.m. and
55 DESA 100 feet from the source between the hours of 10 p.m. and
7 a.m.
h. Penalty.
(1) Failure to abate the nuisance within the time allowed
for the abatement shall constitute a Class 1 Civil
Infraction which shall be processed according to the
procedures established in the Civil Infractions
Ordinance, Sections 1 through 11.
(2) Each violation of a separate provision of this section
shall constitute a separate infraction, and each day
that a violation of this section is committed or
permitted to continue shall constitute a separate
violation.
(3) A finding of a violation of this section and imposition
of a civil penalty shall not relieve the responsible
party of the duty to abate the violation, except where
the City has acted to create the nuisance. In such a
situation, the responsible party shall be liable for the
costs.
(4) If a provision of this section is violated by a firm or
corporation, the officer or officers, or person or
persons responsible for the violation shall be subject
to the penalties imposed by this section.
Section 7. Permits Required.
1. Permits Re uired for Certain Events Using Amplified Sound.
a. The use of amplified voice and music at levels which would
otherwise exceed those permissible under Section 6(1) may be
allowed upon application to the city administrator. Application
for an amplified sound permit shall be made to the city
administrator on forms prepared by the City. The applicant shall
identify the date, location and time of the event for which the
permit is sought, and shall provide an estimate of the duration
of the event.
ORDINANCE NO. 85
Page 23
b. In the case of a series of similar events (for example, a
season's high school football games) to be conducted at the same
location, the city administrator may, in his discretion, issue
the permit in a form extending to cover the entire series. In
that event, the permit shall be subject to the administrator's
withdrawal at any time.
c. The city administrator shall grant a permit in any instance in
which the event and its accompanying noise will not, in his
judgment, interfere unreasonably with the peace of those likely
to be affected by the noise. In making this judgment, he shall
take into account the nature of the surrounding properties and
the benefit to the community of the event for which the
application is made.
d. The city administrator may submit any question arising with
respect to this section to the city council, and if any member of
the city council requests its submission to the council, any such
question shall be heard by the council. In either event, the
decision of the city council shall be final.
e. No permit authorized by this section shall give the applicant the
right to cause or permit sound to emanate from the property on
which the event is held so as to cause the ambient noise level at
the nearest noise--sensitive property to exceed 55 DBA after the
hour of 11:00 p.m.
Section 8. PENALTY. Except as otherwise provided in this chapter:
1. A violation of this chapter shall constitute a Class 2 Civil
Infraction which shall be processed according to the
procedures established in the Civil Infraction Ordinance,
Sections 1 through 11. Notice to abate the nuisance shall be
a prior contract.
2. Each violation of a separate provision of this chapter shall
constitute a separate infraction, and each day that a
violation of this chapter is committed or permitted to
continue shall constitute a separate infraction. r=
3. A finding of a violation of this chapter shall not relieve
the responsible party of the duty to abate the violation.
The penalties imposed by this section are in addition to and
not in lieu of any remedies available to the City.
4. If a provision of this chapter is violated by a firm or
corporation, the officer or officers, or person or persons
responsible for the violation shall be subject to the
penalties imposed by this chapter. v
(2209P) x.
ORDINANCE NO. 85—
Page 24
EXHIBIT "D"
CHAPTER 7.42
NUISANCE ABATEMENT PROCEDURES
Section 1: Title
Section 2: Purpose
Section 3: Definitions
Section 4: Abatement Procedures
A. Reporting
B. Review of Facts; Sufficiency of Evidence
C. Notice
Section 5: Abatement by a Person Responsible
Section 6: Abatement by the City
Section 7: Assessment of Costs and Entry of Lien
Section 8: Abatement: Joint Responsibility
Section 9: Abatement: Noxious Vegetation
Section 10: Other Methods of Collections of Costs
Repeal 7.40.060
ORDINANCE NO. 85—
Page 25
t�
NUISANCE ABATEMENT PROCEDURES
Section 1. Title. This ordinance shall be known as the "Nuisance Abatement
Procedures" and may also be referred to herein as "this chapter."
Section 2. Purpose. The purpose of this chapter is to establish procedures
for the abatement of a nuisance, including nuisance abatement
procedures and summary nuisance abatement procedures.
Section 3. Definitions. For the purpose of Section 1 through 10 of this
chapter, the following terms shall mean:
1. Code enforcement officer. The designee or designees ?
appointed by the Director of Community Development.
2. Responsible party. The person responsible for curing or
remedying a nuisance, which includes:
t or the owner's manager or agent
a. The owner of the property g g
or other person in control of the property on behalf of
the owner;
b. The person occupying the property including bailee,
lessee, tenant or other person having possession;
c. The person who is alleged to have committed the acts or
omissions, created or allowed the condition to exist or
placed or allowed the object to exist on the property.
Section 4. Abatement Procedures.
1. Reporting. All reports or complaints of nuisances covered by
this chapter shall be made to the code enforcement officer.
2. Review of facts; Sufficiency of Evidence.
a. When a nuisance is reported to the code enforcement
officer, the code enforcement officer shall prepare a
statement of the facts and shall review the facts and
circumstances surrounding the alleged nuisance against the
Code provisions which apply to the alleged violation.
b. The code enforcement officer shall not proceed further
with the matter upon a determination that sufficient
evidence does not exist to support the allegation that a
nuisance exists or that it is not in the best interests of
the City.
3. Notice.
a. Except as otherwise provided by this Code, the code
enforcement officer shall post a notice on the premises or
at the site of the nuisance directing the responsible
person to abate the nuisance when the code enforcement
officer determines there is a code violation.
ORDINANCE NO. 85—
Page
26
imp
b. At the time of posting, the code enforcement officer shall
cause a copy of the notice to be forwarded by registered
or certified mail to the person responsible at the
person's last—known address. If the person responsible is
not the owner, an additional notice shall be sent by
registered or certified mail to the owner, stating that
all or part of the abatement costs not paid by the person
responsible will be assessed to and become a lien on the
property. The code enforcement officer may elect to have
the notice served on the responsible party or owner rather•
than mailing the notice.
c. The notice to abate shall contain:
(1) A description of the real property by street address
or otherwise on which the nuisance exists;
(2) A direction to abate the nuisance within ten days from
the date of the notice;
(3) A description of the nuisance and a reference to the
ordinance or Code section Number involved;
(4) A statement that, unless the nuisance is removed, the
City may abate the nuisance and cost of abatement
shall be charged to the person responsible or assessed
against the property, or both;
(5) A statement that the person responsible may protest
the order to abate by giving notice to the code
enforcement officer within ten days from the date of
the notice;
(6) A statement that failure to abate a nuisance may
result in an abatement proceeding or the issuance of a
civil infraction citation.
d. On completion of the posting and mailing, the persons
posting and mailing shall execute and file affidavits
stating the date and place of the mailing and posting.
e. An error in the notice mailed shall not make the notice
void and, in such a case, the posted notice shall be
sufficient.
Section 5. Abatement By a Person Responsible.
1. Within ten days after the posting and mailing of the notice,
a person responsible shall remove the nuisance or show that.
no nuisance exists.
ORDINANCE NO. 85—
Page 27
2. A person responsible protesting that no nuisance exists shall
file with the code enforcement officer a written statement
specifying the basis for protesting. The failure to file a
written statement waives any objection that the person may
have to the finding that a nuisance exists or to the
abatement of the nuisance by the City.
3. The statement shall be referred to the Council as a part of
the Council's regular agenda at its next succeeding meeting.
It shall not be considered to be a public hearing and no
notice shall be given to surrounding property owners.
Testimony shall be limited to the code enforcement officer
and the protestor. At the time set for consideration of the
abatement, the person protesting may appear and be heard by
the Council. The Council's determination shall be final.
The Council, after hearing the matter, may determine that no
nuisance exists, determine that a nuisance exists and order
its abatement, impose conditions on the person responsible,
or delay the time for abatement of the nuisance. A Council
determination shall be required only in those cases where a
written statement has been filed as provided.
4. A person responsible shall abate the nuisance with ten days
after the Council's determination that a nuisance does in
fact exist, unless the Council has delayed the time pursuant
to subsection 3.
Section 6. Abatement by the City
1. The Council may cause the nuisance to be abated if the
nuisance has not been abated by a person responsible within
the time allowed.
2. The code enforcement officer shall have the right at
reasonable times to enter into or upon property in accordance
with law to investigate or cause the removal of a nuisance.
3. The finance director shall keep an accurate record of the
costs incurred by the City in physically abating the nuisance.
Section 7. Assessment of Costs and Entry of Lien.
1. The finance director, by registered or certified mail,
postage prepaid, shall forward to the owner and the person
responsible a notice stating:
a. The total cost of abatement including the administrative
overhead;
b. The cost as indicated will be assessed to and become a
lien against the property unless paid within 30 days from
the date of the notice; and
ORDINANCE NO. 85—
Page 28
c. A written notice of objection may be filed with the city
recorder not more than ten days from the date of the
notice if the person responsible objects to the cost of
the abatement as indicated.
2. On the expiration of ten days after the date of the notice,
the Council, in the regular course of business, shall hear
any timely objection and determine the costs to be assessed.
The Council's determination shall be by written order.
3. An assessment of the costs as determined by the Council's
written order shall be entered in the City lien docket and
shall constitute a lien on the property from which the
nuisance was removed or abated if the costs of the abatement
are not paid within 30 days from the date of the notice.
4. The lien shall be enforced in the same manner as liens for
street improvements, and shall bear interest at the rate
established by Council resolution at the legal rate of
interest established by Oregon Revised Statures at the time
the resolution is passed. The interest shall begin to run
from the date of the entry of the lien in the lien docket.
5. The City may include in one foreclosure proceeding as many
accounts as the City may have against separate properties for
abating nuisances pursuant to this chapter, and may proceed
to assess and collect single lot assessments against each of
them in a single proceeding.
6. An error in the name of the person responsible shall not void
the assessment, nor will a failure to receive the notice of
the proposed assessment render the assessment void, but it
shall remain a valid lien against the property.
Section 8. Abatement: Joint Responsibility. If more than one person is
responsible, they shall be jointly and severally liable for
abating the nuisance and for the costs incurred by the City in
abating the nuisance.
Section 9. Abatement: Noxious Vegetation. Whenever procedures are
instituted to abate a nuisance defined under the Nuisance
Ordinance, Section 5(1), the required mailings of notice may be
performed by use of ordinary mail. The notice may be
supplemented with a statement that the City, for a given fee,
will cut the noxious vegetation at the written request of the
person responsible.
Section 10. Other Methods of Collection of Costs. The costs assessed for
abatement of a nuisance may be collected pursuant to state law.
(2209P)
ORDINANCE NO. 85—
Page 29
EXHIBIT "E"
ZONING VIOLATION PENALTIES
18.24.030 Penalty
a. A violation of this title shall constitute a Class 1 Civil
Infraction which shall be processed according to the procedures
established in the Civil Infraction Ordinance, Sections 1 through
11.
b. Each violation of a separate provision of this title shall
constitute a separate infraction, and each day that a violation
of this title is committed or permitted to continue shall
constitute a separate infraction.
c. A finding of a violation of this title shall not relieve the
responsible party of the duty to abate the violation. The
penalties imposed by this section are in addition to and not in
lieu of any remedies available to the City.
d. If a provision of this title is violated by a firm or
corporation, the officer or officers, or person or persons
responsible for the violation shall be subject to the penalties
imposed by this section.
(2209P)
ORDINANCE NO. 85—
Page 30
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: December 16, 1985 AGENDA ITEM ##: —
DATE SUBMITTED: December 10, 1985PREVIOUS ACTION: On 10/28/85 Council
ISSUE/AGENDA TITLE: 68th Parkway Approved CaII for Bids n
Bid Award PREPARED BY: Duane Roberts
REQUESTED BY: Comm. Dew. Director
DEPARTMENT HEAD OK: _ CITY ADMINISTRATOR:
POLICY ISSULE
INFORMATION SUMMARY
On December 5, 1985, bids were opened and read on the 68th Parkway Street
L.I.Q. There were 37 plan holders and 10 bidders. A bid tabulation is
attached along with the Engineer's letter and proposed resolution. The low
qualified bidder was Clearwater Construction Company of Portland, Oregon, in
the amount of $419,125.70. The project engineer's estimate was $435,000.
Per TMC 30.080, the bid is valid until 1/5/86. The next Regular Council
meeting will be 1/13, or one week later than this date.
The Pollock mortgage release has not yet been received, but is anticipated to
be issued by the bank within one or two weeks. The White dedication papers
also will be received within the next few days. The White papers are required
for the Pollock parcel. These documents are the last needed to secure the
entire right-of-way for the improvement.
ALTERNATIVES CONSIDERED
1. Award bid to low qualified Hider, and authorize execution of contract
subject to receipt and recording of Pollock mortgage release and White
dedication documents (authorize staff to record upon receipt and approval 'as
to form' by the City Attorney's office).
2. Take no action at this time pending receipt of the mortgage release and
dedication documents.
SUGGESTED ACTION
Award the bid to the low qualified bidder, Clearwater Construction in the
amount of $419,125.70 by approving attached resolution.
Execution of the construction contract subject to receipt and recording of
Pollock mortgage release and White dedication documents. Authorize staff to
record documents upon receipt and approval 'as to farm' by the City Attorney's
office.
(2237P)
COOPER CONSULTANTS, INC.
+
ENGINEERING/PLANNING/CONSTRUCTION SERVICES
11675 S.W.66th AVENUE• PORTLAND. OREGON 97223• (503)639-4914
76100
December 10, 1985
Mr. Duane Roberts
Administrative Planner
City of Tigard
12755 S.W. Ash
Tigard, Oregon 97223
Re: S.W. 68th Parkway LID No. 35
Dear Duane:
Enclosed are the bid tabulations for S.W. 68th Parkway. Corrections
were required on five of the bids submitted. Clearwater Construction
Company was the low bidder.
We recommend that Clearwater Construction Company be awarded the contract,
subject to the receipt of Pollock's legal descriptions. The estimated
construction cost is $419,125.00.
If you have any questions, please call.
Sincerely,
COOPER CONSULTANTS, I
I
Keith C. Thompson, P.E.
Principal Engineer
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY )
AGENDA OF: 12/16/85 AGENDA ITEM M: _
DATE SUBMITTED: 12/11/85 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Public
Improvements/dead end streets PREPARED BY: Keith Liden
REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
Should the City require public improvements and right-of-way dedication
on public streets which function as driveways or parking lots.
INFORMATION SUMMARY
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
y: Provide staff direction regarding street improvements and right-of-way
dedication; and determine a long range City policy regarding these streets
including vacation or improvement for public use (eg. parking).
MEMORANDUM
CITY OF TIGARD, OREGON
TO: City Council December 11, 1985
FROM: Community Development Department
SUBJECT: Public Improvements/dead end streets
There are a number of public street right-of-ways in or near the downtown area
which do not function as public streets. Examples of theses streets include
Electric, Burnham, the parking lot next to Southwest Office Supply, and
McKenzie. In most instances, these streets function primarily as driveways or
parking lots and in all cases do not meet City local street standards. The
staff has three related questions:
1. Should some or all of these types of right--of--way be vacated?
2. If they are vacated, should conditions be attached such as the
installation of driveway aprons or monetary consideration for the
land that is returned to private ownership?
3. How should the City deal with these streets when development occurs
adjacent to them?
Presently, the staff has two development proposals which involve these
streets. One is a variance request to avoid the installation of a sidewalk
along a portion of the Walnut Place frontage. The second is a preliminary
inquiry to improve the old Dairy Queen building which is adjacent to McKenzie
Street.
Staff recommends that the City should determine which of these substandard
streets function properly as public throughfares. Those that do would be
subject to standard right-of-way and street improvement requirements and for
those which do not, the City would encourage or initiate the vacation of the
streets and additional right-of-way dedication or street improvements would
not be required.
The staff will be present to discuss this issue with you on December 16, 1985.
2233P
dmj
F
3
Mmail WAR
0
MEMORANDUM
T CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council December 11, 1985
FROM: Loreen Wilson, Recorder 1) _J
SUBJECT: S & J Application Denial Findings
Legal Counsel will hand-carry Resolution No. 85-108 for Council's
consideration Monday evening.
lw/3A78A
1
BALL, JAN 1 K & NOVACK
ATTORNEYS AT LAW
ONE MAIN PLACE
101 S.W. MAIN STREET, SUITE 1100
PORTLAND,OREGON 97204-3274
ROBERT S. BALL TELEPHONE t503)225-2525 OF COUNSEL
STEPHEN T. JANIK TELECOPY 15031295-1058 JACOB TANZER
KENNETH M. NOVACK TELEX 910-380-5470
JACK L.ORCHARD
SUSAN M.QUICK
WILLIAM H.PERKINS
CHRISTOPHER W. ANGIUS
VICKI G. BAYLESS
BARBARA W.RADLER December 16, 1985
MICHAEL C.WALCH
DAVID A.URMAN
SUSAN N. HOWARD
BY MESSENGER
The Mayor and Members of
the City Council
City of Tigard
12755 S.W. Ash Street
Tigard, Oregon 97223
Re: A lication of S & J Builders (CPA 3-85 and ZC 3-85)
Dear Mayor Kirk
and Council Members:
I received on December 16, 1985 the proposed resolution,
onstituting
the findings and order relating
Resolution #85-108, c
to the above application. I will be unable to attend the City
Council meeting this evening due to a prior commitment involving
a hearing before the Beaverton City Council. Nevertheless,
I did wish to comment for the record on the proposed findings
and order which have been forwarded to me.
1. I wish to reiterate the fact that the Council,
in violation of State law and contrary to its handling
of other
comprehensive plan amendments and zone changes, has introduced
new and additional criteria, substantially different from those
criteria applicable to the or application and hearing
before the City. The use of these additional and new criteria
are not legally justified.
2. Throughout the findings and ordertherecurring
ight shift
premise that the tfrom1C-P tolC1Gnwille"wodrsen" the facilities
in commercial use t es of findings and con-
that are "already hazardous" . Those ny objective analysis
clusions are simply not supported by
of the intersections and facilities oanthuestion. dhtraffpcsed
findings are diametrically opposed t
report and the City staff analysis relating to these matters.
The undisputed conclusion by both.the traffic engineer and City
at staff is that the level of
service
the to functiontatnanand approp-
along Scholls Ferry Road will
riate level of service, due to the intersection improvements
and signalization, even if the "worse case" C-G uses occurred.
(
BALL, .JAN l K & NOVACK
The Mayor and Members of
the City Council
City of Tigard
December 16, 1985
Page Two
The Council cannot adopt such a findings when there is not substan-
tial evidence to support such a conclusion, as there is not
in this record.
3. Paragraph 5 references some claimed standard dealing
with an "improper" plan designation. There is no such standard.
Furthermore, the Council has totally misinterpreted any require-
ment dealing with the change in circumstances criteria which
the City has now attempted to impose. The issue does not focus
on whether plan policy indicated change, but rather whether
facts indicate that a change has occurred. The applicable stand-
ard is not whether such evidence "compels" a change, but whether
there is "evidence" of such a change.
4. There is simply no criteria, nor did the Council
even in its September 27 , 1985 listing of new and additional
criteria, indicate that the "long-term community needs of the
City" constitute a criteria which had to be addressed by the
applicant. The City simply does not hava a "need" criteria
relating to land use changes, nor one stated in those terms.
5. The proposal before the Council was not premised
upon any particular type of commercial use. Yet, the Council
has mistakenly believed from the outset of the hearings before
it that the C-P zone is an office zone and the C-G zone is a
retail zone. A review of the various permitted and conditional
uses within the two zones indicates that such a characterization
of the two zones is incorrect. There is nothing in the record
which would indicate that development on the subject property
would not be supportive of development in the existing greenway
retail area. There is no effort on the part of the applicant
to exclude office uses from uses within the subject property.
Instead, the application seeks to broaden the types of commercial
uses because of the unduly restrictive nature of the C-P zone.
The applicant amply demonstrated that to use the subject property
for exclusive office purposes would lead to excessive office
vacancy, especially in light of the recent office rezoning across
the street in the City of Beaverton. Unfortunately, this funda-
mental misconception of what is permitted within the two zones
continues to color the discussion so that there has not been
a careful analysis of the applicant's proposal.
I believe that the findings document suffers from
the same difficulties experienced with the original Council
findings and order. The findings in the proposed resolution
go far beyond any discussion which occurred at the Council hear-
SALL, JANIK & NOVACK
The Mayor and Members of
the City Council
City of Tigard
December 16, 1985
Page Three
ing, and are not supported by substantial evidence. With these
comments of mine, I would respectfully request that the Council
reconsider the findings and order and its overall decision.
Sincerely,
Jack L. Orchard
JLO:cmg
cc: Mr. Robert G. Johnson
Mr. Brent W. Miller
Mr. Sumner Sharpe
CITY OF TIGARD, OREGON
MEMORANDUM
TO: Honorable Mayor and City Council December 9, 1985
FROM: Bob Jean, City Administrator
SUBJECT: Management/Professional Staff Sa y Adjustments
Based on City and LGPI median market salary data, I prepared two summary
work sheets. The Management/Professional Salary Comparisons (#1) show
Market to Tigard salaries by position. From this, I developed the proposed
1986-87 Pay Plan (using the recent TMEA contract, market estimates for
TPOA, and market survey data for Management/Professional staff).
I recommend adoption of the attached FY 1986-87 Pay Plan for Budget
preparation purposes. I recommend use of this Plan effective 1/1/86-
6/30/87 for Management/Professional staff pay ranges. I recommend the
proposed 2% COLA adjustment within range effective 1/1/86 for Management/
Professional staff as the market adjustment for this Fiscal Year.
2
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CIT`: OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: Dec. 16, 1985 AGENDA ITEM :
DATE SUBMITTED: Dec. 11, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Library Reciprocal
Sorrow nQ A ,e,=ent REQUESTED BY:
i
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
Librarians in the Portland Metropolitan area have been working for over a year on a plan which
would permit non-fee borrowing privileges for citizens at all public libraries in Washington,
Clackamas and Multnomah counties and the Fort Vancouver Regional Library District (hereinafter
called the "Service Area.") Washington and Clackamas counties have had, reciprocal borrowing
mutually beneficial. The program, to be called
agreements for several years and it has been
Access '86, has the following elements: 1. The program is, and will be clearly advertised as,
a one-year experiment. No library or jurisdiction has more than a one-year committment. Access
`96 is scheduled to begin January 1, 1986 and to end December 31, 1986. Any continuation of the
ei ject after that date will require positive action by the parties. 2. Each public library in
the Service Area will provide library services free of charge to all patrons who live in the
Service Area. 3. Every Library will gather statistics throughout the year so that the existence
of net borrowers or net lenders can be determined. 4. Publicity will be provided on a regional
basis, although these plans are not complete. We expect to place brochures in each library, and
we hope for donated or low-cost billboard and bus sign space. We may well use other media to get f
our message out. If Tigare participates in Access 186, our residents will be able to use any of
thepublic libraries in the Service Area free of charge. Presently a charge of $20 per year is
imposed on non-residents by Multnomah County Library. We currently charge $10 fee to all out-of-
county patrons except persons who work in Tigard or own property in Washington County or who live
in Clackamas County. In two years that has yielded $130. This agreement will not preclude
charging a fee to persons who do not live in the service area. At the end of the year the pro-
gram will be evaluated as to feasibility for continuance.
ssassss:ssssamsamzasaassasszam:aazasassassasssmsasa,smssassaassassazsssamss:sssssaasszssasss:massm
ALTERNATIVES CONSIDERED
1. Do not participate in Access '86.
2. Sign agreement to participate in Access '86.
- aim=oas=cccs=vcvocac
SUGGESTED ACTION
�ign agreement to participate in Access '86.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: December 16, 1985 AGENDA ITEM #:
DATE SUBMITTED: December 6, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Economic
Development Committee 1995--86 PREPARED BY: William A. Monahan
Action PlanR79UESTED BY:
DEPARTMENT MEAD OK: 147 CITY ADMINISTRATOR:
~ POLICY ISSUE
INFORMATION SUMMARY
The Tigard Economic Development Committee has prepared and approved its action
plan for this fiscal year. The Committee will focus its attention on the
downtown area by continuing its efforts to coordinate downtown property owners
and businesses to develop programs to upgrade the appearance and economy of
the area.
The plan is submitted for your information.
ALTERNATIVES CONSIDERED
Accept and place on file.
SUGGESTED ACTION
Accept and place on file.
(222AP)
CITY OF TIGARD, OREGON
TIGARD ECONOMIC DEVELOPMENT COMMITTEE
Economic Davalopment Action Plan - FY 1986
And Report for FY 1985
(2125P) Draft. Report for 11/19/85
ECONOMIC DEVELOPMENT ACTION PLAN — FY 1985
And Report for FY 1985
Tigard's Economic Development Committee has established as its goal the
following, "Promote economic development for the good of the community". The
major objectives are to identify the advantages and barriers to development in
Tigard and to recommend changes needed to improve development opportunity.
Following from this, the Committee intends to develop an economic development
strategy.
Report for Fiscal Year 1984 — 85
During the Fiscal Year 1984-85, the Committee followed an action plan designed
to provide the base data needed to understand the needs of the community and
to assist companies interested in locating in Tigard. Individual analysis for
each of the four target areas related to information on available land
compiled in a format which is useable by government, real estate concerns,
property owners, and potential developers and users was delayed due to limited
staff resources. Realistically, a good data base will not be available until
the City's Geographic Information System, G.I.S.. is on line and operational
in 1986.
The Committee was successful in establishing contact and working relationships
with several organizations concerned with economic development, including:
— Tigard Chamber of Commerce — through the staff support provided by
Jeanne Caswell.
Oregon Economic Development Department.
( - Tualatin Valley Economic Development - with Tony Orland
ini as the
designated committee member to be in contact with the group.
- Adjacent cities - Beaverton, Tualatin, Sherwood, Lake Oswego.
- I-5 Corridor Association.
- Area Realtors.
- Washington County.
Of particular note was the Committee's role in the creation of the I-5
Corridor Association. One of the earliest interest meetings on the formation
of this economic development entity occurred at a Committee meeting with
representatives of Sherwood and Tualatin attending. The idea was well
received by the Committee, and, as a result, Chamber and City representatives
aided in forming the Association.
The Committee reviewed developments as proposed by developers and met with
area realtors to hear their concerns. From those sessions, the Committee
chose to focus attention on the downtown area, one of the four original target
areas, since economic development activity has lagged behind while the other
three areas have improved. A survey was conducted and plans made to follow up
on the input received.
Plan for Fiscal Year 1996
The Committee plans to continue to act as advocates 'for economic development.
To accomplish this, the Committee will express its opinion on land use issues,
developer proposals, and economic development needs before City committees as
needed. The Committee will also work to educate the public on the importance
of economic development.
r
Specific planned activities are:
• Downtown Improvement Analysis
- Conduct meetings with downtown property owners and Lusinesses to
evaluate needs for improvement and deterrents to economic development.
- Assist the downtown to receive attention from the City in terms of
capital improvements.
-•Assist in an attempt to formulate an organization to take the lead
in coordinating downtown improvement.
c Monitor Economic Development Activity in the City
- Become familiar with the economic development improvements
occurring in the four target areas and the community as a whole. The
target areas are: downtown, 72nd Avenue, Cascade Blvd. , and the
Tigard Triangle
- Monthly review building activity information to be aware of trends
• Provide Input as Needed on the City's Comprehensive Plan on Economic
Development Issues
- Advise on Community Development Code Revisions which effect
development.
Advise on Comprehensive Plan Map changes which will increase or
reduce commercial or industrial development potential
- Advise on City expansion issues which relate to economic expansion
• Assist in the Development and Distribution of Materials Designed by
the City to Encourage Economic Development Growth
• Maintain Contact with Economic Development Groups
- Tigan! Chamber of Commerce
- I-5 Corridor Association
- Tualatin Valley Economic Development
- Oregon Economic Development Department
- Area Industrial and Commercial Realtors
- Neighboring Cities
O
o Monitor Grant and Loan Programs which could assist the City or Local
Companies to expand Economic Development Potential
- Industrial Revenue Bonds
- Oregon Public Works Infrastructure Program
• Provide a Forum for Local Developers to Present Their Plans and
Enlist Committee Support
(WAM:brl2125P)
e Cv
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council December 10, 1985
FROM: Bob Jean, City Administrator
SUBJECT: Police Department FY 85-56 Control Budget
BACKGROUND
The Council adopted FY 85-86 Police Budget is $1,363.032. Since then several
unbudgeted costs have been identified: Banker's Retirement costs (@ 19.9%)
are higher than budgeted PERS costs (@ 17X); Sergeants reinstated under ERB
order; and FLSA overtime costs. Council directed the Department to revise its
operating Control Budget to pick up these unbudgeted costs without further
hiring delays in the authorized new positions.
Interim Police program adjustments have already been implemented. New hires
have been completed. Meanwhile Department line items have been recalculated
and the attached Control Budget meets Council's earlier- directive to pick up
the above unbudgeted costs.
RECOMMENDATION
In revising the Control Budget, the Department did not reduce Overtime (still
at ($69,339) or Firearms qualifications training (still at A times per
year). The Department did survey our overtime use, other agencies overtime
usages, and other's firearms training. Our recommendation is to leave
Overtime and Firearms Training as budgeted. The Department held $10,628 in
reserve for FLSA repayments back to last April, 1985. I support the
Department's revised Control budget as meeting Council's directives. I
recommend that Council receive and file the Police 1985-86 Control Budget.
ADDITIONAL ISSUES
Additionally, some General Government programs expenses affecting Police
operations need to be appropriated:
1.) Civic Center Police Furnishings. . .$15,000
o Lockers $7,000
o Shelving 11500
o Tables/Chairs 3,500
o Lobby Furnishings 3,000
$15,000
2.) Chief Recruitment/Selection Consultants. . .$5.000 '
(Authorized 12/9 but not specifically allocated.)
POLICE CONTROL BUDGET MEMO
DECEMBER 10, 1985
PAGE 2
3,) Police Chief Salary/Benefits & Relocation. . .$14,000
($11,000 for 4 months plus $3,000 moving)
Sub--Total: $34,000
4.) Purchase two new squad cars at $11,500 each and retrofit one
squad car at $3,000. . .$26,000 total.
Total: $60,000
CONTINGENCY APPROPRIATION
It is further recommended that Council move to appropriate $34,000 from
General Fund contingency to Police for the Civic Center furnishings, Chief
recruitment and Chief' s salary. With $18,000 from Federal Revenue Sharing
Contingency and $8,000 more from General Fund contingency, Council could also
authorize $26,000 for the squad car purchases and retrofit at this time.
(BJ:pm33)
• CITY OF TIGARD, OREMN
COUNCIL AGENDA ITEM 2-02611
• AGENDA OF: October 21, 1935 AGENDA IM o. consent
r OATS SUBMITTED: 10-15-85 PREVIOUS ACTION:
ISSUEIAGENDA TITLE: Police Budget
Review%Control Budget Plan PREPARED BY: R.B. Adams
REQUESTED BY: City Council
DEPARTMENT HEAD OK: CITY AmMISTRATOR:
POLICY ISSUE
Council policy Statement: August 19, 1985 re: Police Budget.
1. Fill vacant patrolmen-_ positions as soon as possible;
2. pick up Bankers Life retirement cost;
3. Pick up sergeants' salary
4. Pick up anticipated FLSA cost impacts, all within the existing and approved 85/86
police budget.
-- r INFORMATION SUMMARY .
As a result of the above policy statement, the budget received a critical review which
resulted in same organizational changes, temporary suspension of the ICAP program,
modification of the K-9 program, shifting the half time patrolman's position in
Administration to the Patrol Division.
The anticipated cost increases in personal services is estimated to be approximately
$48,000; therefore, there is a need to control overtime hours, materials arx? supplies,
and capital expenses in that amount, if possible.
ALTERNATIVES CONSIDERED
1. Terminate K-9 program: (negative inmct on department crime clearance performance).
I-WIFY
2. Terminate motorcycle traffic program: (not cost effective to terminate, negative
impact to traffic program). RF.TB=M assign 1/2 time ETF to Patrol Division: (negative impact
3. Suspension/ICRP program and
on IMIS, least impact on department per
at this time). INSPLII 9/15/85
4. New patrolmen hired 9/1/85 as per above policy.
5. Suspend patrol vehicle retrofitting: (impact on FY 86/87 capital)
_._. S�GGE"M ACTION policy direction.
council review and approval of E— Po cy
1. Mof idy K-9 program as, above (2 handlers and dogs).
2. Suspend ICRP program as peri above. Respectfully,
3. Suspend patrol vehicle retrofitting as per #5 above
4. Selected line item cuts in overtime and materials. • _ S}F
-• uppl � sem,,and budget i nfoitoci attached. _ ICE..
ADMIN: Acct. 111 Appropriation Control Budget Change
Personal Services: 2.5 FTE 2.0 FTE (-.5 FTE)
$120,513 $99,301 -$21,212
Materials & Services: 3,199 2,199 - 1,000
Capital Outlay: -0- -0- -0-
TOTAL $123,712 $101,500 -$22,212
Organization and Program Changes: Suspend ICRP program; Move 1/2 time patrolman
personal services to Patrol Division.
PATROL DIVISION
Acct. 112 Appropriation Control Budget Change
Personal Services: 17 FTE 17.5 FTE (+.5 FTE)
$714,940 $750,790 +$35,850
Material & Services: 62,513 49,513 - 13,000
Capital Outlay: 81800 -0- - 8,800
TOTAL $786,253 $800,303 4 $14,050
organization and Program Changes: Arid 1/2 time position from Administration (ICRP)
to Patrol Division. This is a shared position between Patrol and Investigation
Divisions. Suspend 1 K-9 team member from the K-9 program. Suspend vehicle
retrofitting program. Limit narcotic task force group to regular duty hours, to
reduce overtime cost to this program. Personal Services increase is due to the
additional 1/2 time FTE, sergeants' salary, and retirement cost adjustments.
INVESTIGATION DIVISION
Acct. 113 Appropriation Control Budget Change
Personal Services: 4.5 FTE 4.5 FTE -0-
$186,432 $199,860 +$13,428
Material & Services: 11,840 6,902 - 4,938
Capital Outlay: 7,100 4,630 - 2,470
TOTAL $205,372 $211,392 + 6,020
Organization and Program Changes: There will be no organization change within this
division. However, Material and Services and Capital Outlay accounts have been
reduced to cover in part the increased retirement cost, FLSA impacts.
SUPPORT SERVICES DIVISION
Acct. 114 Appropriation Control Budget Change i
Personal Services: 7 FTE 7 FTE -0-
$205,245 $206,871 +$1,662
Material & Services: 39,550 32,930 - 6,620
Capital Outlay: 2,900 10,000 - 2,900
TOTAL $247,695 $249,801 + 2,142
Organization and Program changes: There will be no organization change within this
division. The Materials and Services and capital Outlay accounts have been reduced
to cover increases in retirement and FLSA impacts.
DEpARTNwP BUDGET 85/86 FY
Appropriation Control Budget Change
31 FTE 30.5 FTE -.5 FTE
Personal Services: $1,227,130 $1,256,822 +$29,692
Material & Services: 117,102 92,482 - 24,620
Capital Outlay: 18,800 3,100 - 15,700
BUDGET TOTALS $1,363,032 $1,352,404 $ 10,628
F1,SA Contingency 10,628
POLICE BUDGET APPROPRIATION 85/86 $1,363,032
SUMMARY: #
The above adjustments cover the increases in retirement, and two (2) sergeants'
positions. The $10,628 is directed to cover a portion of any FISA adjustments.
It is estimated that the FISA costs could be as high as $18,000; this may require a
supplemental budget request in the spring of 1986 to cover any excess.
The control budget figures msut be considered tentative at this point in time, as
it is too early in the fiscal year to identify reliable cost trends, and in
addition to the above, we do not know what the T.P.O.A. labor contract fi:gpacts will
be. Additional revisions may be required in January 1986 as cost trends will be
more reliable at that point in time.
The police department management team will make every effort to control operational
costs, whereby the appropriation for F.Y. 85/86 will cover all anticipated
expenses.
ADMINISTRATION DIVISION: 1.1.1.-
FISCAL YEAR 85/86
Budget Control
Acct. No. Appropriation Budget
PERSONAL SERVICES: FTE 2.5 FTE 2
500 Merit Pool 1,410 200
501 Adm. Salaries (Top Step +2%) 70,980 72,394
503 Officer Salary 12,480 -0- (Assigned to
520 Overtime 1,800 -0- Patrol Div. )
530 Education 810 -0of
-
531 Longevity 655 -0- of
Sub Total $88,135 $72,594
PAYROLL BENEFITS:
550 Unenployment 1,125 990
551 SAIF 3,233 2,687
552 FICA 6,144 5,154
560 Retirement 14,711 12,341
565 Life Insurance 236 189
566 Salary Contination 918 770
567 Health & Dental Insurance 6,011 4,576
Sub Total 32,378 26,707
[t IWAL: $120,513 $99,301
4F.
MATERIAL & SERVICES.
620 Office Supplies & Expenses 150 150
621 Advert./Public Notice 300 300
623 Dues & Subscriptions
IACP (1) 60 60
. OACP (2) 80 80
OWi.A (3) 30 30
FBI NA (3) 60 -0-
Ore. Crime Prevention 30 -0-
National Rifle Assoc. (3) 75 -0-
OPOA Instructors 60 -0-
Law Enforceaent Council/Wash. Co. 55 55
Oregon K-9 Assoc. 30 -0-
Motorcycle Assoc. 30 -0-
Records Supervisor Assoc:. 10 -0-
Sub-Total #623 $3n $225
Subscriptions:
Reverse Directory 100 100
Training Books 100 85
Advance Sheets 100 100
Criminal Code 150 150
Traffic Code 150 150
E
t
200
200 ;
. ORS Replacements 190 -0-
• Other Sub-Total $1,.510 $1,010
624 Travel, Food, hd9� 539 339
. FBI Regional Training 350 200
. Conferences/Workshops 350 200
Travel ►
Total
$1,239 $739
625 Education & Training
TOTAL MATERIAL & SERVICES:
$3,199 $2,199
A
-0- -0-
700 CAPITAL MfIAY
$101,500
1.1.1 Administration Division Total: $123,712 K
(-$22,212)
a�
PATROL DIVISION:
. FISCAL YEAR 85/86
Budget Control
Appropriation Budget ,
Acct. Nos.
(17 FTE) (17.5 FTE)
430,206 437,268
501/503 Salaries 2,855 3,211
500 Merit Pool 43,989 49,884
520 Overtime 20,445 19,440
530 Education Inventive 15,725 15,725
531 Longevity Incentive
Sub Total 513,220 525,528
8,146 6,841
550 Unemployment 19,138 19,583
551 Workman's C P 36,144 37,320
552 Social Security 86,542 (19%) 104,588
560 Retirement (17%) 1,615 1,663
565 Life Insurance 3,816 4,469
566 Salary Continuation 46,319 50,798
567/568 Medical/DentO-1
Sub Total 201,720 225,262
->
rWrAL PERSONAL SERVICES: $714,940 $750,790
�Y
I
WNW
Acct. # 112 - Patrol Division MATERIALS & SERVICES
41
611 Repair & Maintenance- Vehicles
Radar Maintenance 400 400
Firearms Repair & Maintenance 100 100
Fire Extinguisher Maintenance 350 350
Fire Extinguishers (3 @ $30) 90 90
Vehicle Operation (180,000 mi. @ .20C 36,000 33,000
(165,000 mi.)
Rechargeable flashlights (for patrol units/
3 @ $100) 300 300
Total: $37,240 $34,240
613 Special Departmental Expense
. Uniforms:
Patrol (18 @ $8.55 mo.) 3,384 1,847
Reserves 2,000 1,000
Interns 55 -0-
. Uniform Cleaning ($25 x 18) 5,400 2,905
. Rain Coats (5 x $40) 200 -0-
Refurbishing Body Armours (15 @ $75) 1,125 -0-
K-9 Program maintenance (3 to 2) 4,339 2,893
Motorcycle Program maintenance 2,570 1,558
Training Ammunition (9 mm & .38) 2,520 2,520
Service Ammunition (9 mn & .38) 1,200 1,200
Shotgun Ammunition 450 450
Fusees 720 720
Mace (8 cans x $20) 160 80
Narcotics Buy Money 1,000 -0-
Narcotics Test Kits 150 100
Total: $25,273 $15,273
(17 FTE) (17.5 FTE)
PERSONAL SERVICES: 714,940 750,790
TOTAL MATERIALS & SERVICES: 62,513 49,513
CAPITAL OUTLAY: 8,800 -0-
T0TAL PATROL DIVISION: $786,253 $800,303
+ $14,050
n _
t
FISCAL YEAR 85/86
INVESTIGATION DIVISION: 1.1.3.-
Personal Services: 4.5 FTE Appropriation Control
Acct. No. Budget Budget
501 Salary/Lt. (Tap Step +2%) 31,392 32,020
83,796 88,145
503 Salary/Officers (3.5) 1,4131,350
500 Merit Pool (Officers Steps) 10, 10,455
520 Overtime 2,430 4,050
530 Education Incentive 3,640 4,306
531 Longevity Merit
Sub Total: $132,671 $140,326
550 Ur"ployment 1,824 1,825
551 Workman's Camp 6,140 5,234
9,789 9,967
552 social Security (17%) 21,439 (19%) 27,926
560 Retiremmm4nt 426 426
565 Life Insurance 1,221 1,241
566 teary Continuation 12,922 12,915
567/568 Medical/Dental
Sub Total: $53,761 $59,534
TOTAL PERSONAL SERVICES: $186,432 $199,860
FISCAL YEAR 85/86
MATERIALS & SERVICES
Acct. # 113 - Investigation Division Budget Control
Appropriation Budget
611 Repair & Maintenance- Vehicles
. Vehicle Operation (48,000 mi. @ .204',) 8,200 3,462
613 Special De tal Expense
• clothing Allowance 1,620 1,620
• Investigative Supplies 1,000 1,000
• Replacement Statement & Dictation Recorders
(4 x $210) 420 420
Total: $3,040 $3,040
620 Office Supplies & Equipment $500 $300
622 Vehicle License Fees
(4 x $25) $100 $100
TOTAL MATERIALS & SUMICE5: $11,840 $6,902
CAPITAL kXMMITURFS
706 Operations Dquipnent
. Replacement mobile radio for Investigative Unit 1,400 1,450
. Burglary/Robbery portable silent alarm system 2,700 -0-
Replacenent portable radios (2 x $1500) 3,000 3,180
TOTAL CAPITAL EIDIZVRES: $7,100 $4,630
$205,372 $211,392
1 1
+ $4,836
,,
FISCAL YEAR 85/86
SUPPORT SF�E2VICES DIVISION:
PERSONAL SERVICES:
Budget Appropriation Control Budget
Acct. M. (7 FTE) (7 FTE)
135,840 128,852
501/503 Salaries 2,p12 2,295
500 Merit Poa1 9,000 9,000
me
520 Overti2,320 1,320
530 Education 2,072 1,998
531 Longevity
Sub Total 151,244 143,465
1,964 1,859
550 U 'l%imnt 661
551 worlaTmIs Cam 10,721 10,154
552 Social Security (12%) 18,174 (19%) 28,460
560 Retirement 665 665
565 Life Insurance 1,696 1,679
566 Salary Continuation 20,160 19,928
567/568 Medical/Dental
54,001 63,406
TOTAL Pte' SERVICES $206,871
SUpPORT SERVICES DIVISION: $205,245
d �.a�� ate■ ��
FISCAL YEAR 85/86
SUPPORT SERVICES DIVISION: 1.1.4.-
Budget Control
Appropriation Budget
602 Contractural Services
. Jail Contract 2,000 1,700
. Towing 1,000 750
Total: 3,000 2,450
612 Repair and Maintenance-Office Equipment
• Radio Maintenance 5,377 4,900 ;
. Auxilliary Generator Maintenance 210 210
• Office Machines Repair (typewriters) 800 800
. Office Furniture Repair 200 200
. Simplex Time Recorder 158 158
. Sony Dictating Machine 315 315
. Radio Antenna Repair 525 525
. Recorder 500 500
. Systel Wbrd Processor 500 500
. Computer Maintenance 315 115
. Paper Shredder 100 100
Total: 91000 8,323
613 Special Departmental Expense
. Dispatch Uniforms 600 -0-
. Cleaning 400 -0-
Total: 1,000 -0-
620 Office Supplies and Expense
• Stationery and Supplies 1,500 1,000
. Filing Supplies 1,000 800
. Tape Recorder Cassettes 400 400
• General Office Supplies 1,840 11500
Looseleaf Notebooks 90 90
Porta Files 160 160
Film and Processing 4,000 2,036
Crime Reports 900 900 u
Citation Books 760 760
Miscellaneous Form Printing 11500 1,000 -
Recording Tape Reels/Cassettes 1,500 1,500
Flashlight Batteries 200 200
'F
F
:2
First Aid Supplies 300 300
Field Notebooks 200 200
Total: 14,350 10,846
�l.
630 Rents and Leases
TeletypeLine Lease 4 310 3,627
� ,
Identi-Kit 420 420
Pager Rental 1,470 1,300
Copy Machine Lease 6,000 6,000
R
Total: 12,200 11,347
CAPITAL EXPENDITURES
z
t
704 Cffice Furniture and D3uipmmernt G
f
Electric Typewriter Replacement 900 -0-
(dispatch desk)
PD Lockers (7,000) Tables & Chairs (1,000) 81000
Shelving for Records/Property Evidence Roan 2,000 2,000 ;
Total: 21900 10,000
C
+ $7,100
Budget Appropriation Control Budget
PERSONAL SERVICES TOTAL: 205,245 206,871
MATERIALS AND SERVICES TOTAL: 39,550 32,966
CAPITAL EXPENDITURES: 2,900 10,000
GRAND TOTAL: 247,695 249,837
1
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POLICE DEPART ERE
Patrol Division
1984
1.1.2. Account
A. 1984 Court Overtime
B. Distribution:
A.,/;,
,.,� /w-G, Monthly Monthly
.
Month Traffic Criminal Totals Traffic Criminal Totals
1. 18.0 7.0 25,0 19.5 3.0 22.5
2. 22.0 7.0 29.0 7.0 14.0 21.0
3, 19.0 32,5 51.5 6.0 12,5 18.5
4. 23.0 6,0 29.0 7.0 12.0 19.0
5. 17.0 20.0 37.0 3.0 4.0 7.0
6. 34.0 14.5 48.5 8.0 3.0 11.0
7. 19.5 14.0 33.5 0 0 0
8. 23.0 15.0 38.0 3.0 3.0 6.0
9. 28.5 21.0 49.5 0 0 0
10. 32.5 55.0 87.5 9.0 9.0 18.0
11. 35.0 15.0 50.0 3.0 0 3.0
12. 8.0 36.0 44.0 3.0 0 3.0
279.5 243.0 522.5 68.5 60.5 129.0
522.5 divided by 10.1 = 51.7 hrs. per year 129 divided by 23.9 hrs. per year
or 4.3 hrs. per month of Court overtime or 2.0 hrs. per month of Court
Per eMloyee overtime Per enployee
s
w
POLICE DEPARDIDU
_ f
Patrol Division
1984
1.1.2. Account d
E
A. 1984 General Dvertim Hours: / Patrolmen
1. Personnel: Patrolmen = 10.1
B. overtime Distribution: i
Special Criminal Traffic Monthly
Month DMI! Details Investigation Investigation Reports Totals
21
1. 13.0 18.0 12.5 1.5 0 45.0
2.
22.5 12.0 8.0 1.5 3.5 47.5
3, 15.0 19.5 8.5 2.5 6.5 52.0
4. 0 21.5
6.5 4.5 11.0 43.5
5. 0 21.0 8.5 1.0 3.5 34.0
6, 18.0
12.0 12.5 .5 9.5 52.5
7.
0 45.0 14.0 1.5 14.5 75.0
8. 0 18.0 20.0 .5 7.0 45.5
9. 21.5 30.5 21.0 0 5.0 78.0
10. 0 12.0 22.5 3.5 8.5 46.5 .
11. 23.5
12.5 17.5 1.5 9.0 64.0
12. 0 11.0 24.0 --1.0- - ON- -36.0
113.5 233.0 175.5 19.5 78.0 619.5
619.5 divided by 10.1 = 61.3 hours per year, or 5.1 hours Per month Per m Ployee
The fatal patrolmen overtime in calendar Year 1983 was 888.5 as canPared to calendar year
1984 at 1142.0 hours. This is an increase of 28.5% over the Past year. This increase is
due to the ever-increasing workload and limited resources. The patrolmen court overtime
alone (522.5) is 58.8% of last year's entire patrolmen's overtime of 888.5 hours.
There were 647 arrests made in 1983 oaepared to 740 arrests in 1984, an increase of 15.88.
This increase will also be reflective in court overtime, as 2/3 of the Patrol work forces
are on duty when courts are not in session; i.e., first night and second night shifts.
f
POLICE DEPARTMENT
Patrol Division
1984
1.1.2. Account
A. 1984 General Overtime boors: / Patrolmen - -
1. Personnel: Supervisors= 5.4
B. Overtime Distribution:
Special Criminal Traffic Fmthly
Details Investigation Investigation Reports Totals
Mmth Training
1. 13.0 19.0 48.0 0 1.0 81.0
2. 63.0 20.0 23.5 1.0 0 107.5
3. 15.0 31.5 26.0 .5 4.0 77.0
4. 0 20.5 27.5 0 .5 48.5
5. 6.0 18.5 38.0 0 0 62.5
6. 13.0 24.5 11.5 0 .5 49.5
7. 0 0 6.5 1.5 .5 8.5
8. p 12.5 11.0 0 1.5 25.0
9. 27.0 35.0 12.0 4,5 0 78.5
10. 0 15.0 48.0 0 0 63.0
11. 9.0 56.5 22.5 0 2.5 90.5
12. 9.0 55.5 39.0 0 0 103.5
155.0 308.5 313.5 7.5 10.5 795.0
795.0 divided by 5.4 147.2 hours per en ployee, or 12.3 hours per month per atployee
The total supervisors overtime in calendar year 1983 was 1,058 as compared to calendar year
1984 at 924 total hours, a decrease of 12.7% in the past year.
POLICE DEPARTKENr
Investigative Division
1984
A. 1984 Overtime Hours: Acct. #1.1.3
1. Personnel: 3 (1 Detective Lieutenant, and 2 Patrolmen)
B. Overtime Distribution:
Monthly
Myth TraCourt InvestiEation Total
1. 0 5.0 34.5 39.5
2. 8.5 3.0 84.0 95.5
3. 7.0 2.5 9.5 19.0
4. 0 3.5 35.0 38.5
5. 0 0 23.5 23.5
Weekend
6. 3.5 4.5 42.5 50.5
pay
7. 7.5 0 27.0 34.5 $100
8. 0 2.0 24.0 26.0 $100
9. 0 0 22.0 22.0 $125
10. 1.0 10.5 47.0 58.5 $100
11. 1.5 0 13.5 15.0 $100
12. 3.0 0 36.5 39.5 $125
32.0 31.0 399.0 462.0 $650
Overtime Zb*„als = 462
C. Average Yearly Overtime per Member (462 divided by 3) = 154.0
D. Average Monthly Overtime per Member (154 divided by 12) = 12.83
E. Percentage of Change, up from 1983
F. Estimated Overtime Cost for Fiscal. Year 85/86 = $10,991
POLICE DVARIMM
Support Services Division -
"' 1984
A. 1984 Overtime
i-ours: Acct. #1.1.4
1. persocuyel: 7 (1 Support Services Manager and 6 Clerk Dispatchers)
B. - Overtime Distribution:
Monthly
Special TrainingTotals
Month
Clerical Details D
1. 8.5 10.5
17.0 0 36.0
2. 11.5 5.0
18.0 33.0 67.5
3. 2.0 3.0
6.5 53.0 64.5
5.0 5.5
6.5 0 27.0
4.
5: 8.0 15:5
54.0 0 77.5
6. 10.Q 5.0
14.0 0 29.0
0 22.0
12.0 0 34.0
7.
• 8. 7.5 4.0
7.0 0 18.5
9. 14.0 18.0
28.0 13.0 73.0
10. 21.0 4.5
16.5 16.0 58,0
11. 4.0 3.0
8.0 Q 15.0
12. 5.0 9.0
36.5 9.0 59.5
96.5 105.5
224.0 124.0 549.5
sLpport Services Division Total Overt-Im - 549.5
C. Average Yearly Overtime per Mwber -
78.5
(549.5 divided by 7)
D. Average
Moc:thly 0vertime Per r = 6.54
(78.5 divided by 12
E. percentage of C3:ange, up 73.3% frau, 1983 (317)
F. Estimated Overtime Cost for Fiscal Year 85/86 $10.209
($15.58 x 459.5)
i
_3
r
POLICE DEPARTKENT
Patrol Division
1984
1.1.2. Account
- t
A. 1984 General Overtime Hours: / Patrolmen
1. Personnel: Patrolmen = 10.1
B. Overtime Distribution:
Special Criminal Traffic Monthly
Month Training Details Investigation Investigation Reports Totals
1
1. 13.0 18.0 12.5 1.5 0 45.0
2. 22.5 12.0 8.0 1.5 3.5 47.5
3. 15.0 19.5 8.5 2.5 6.5 52.0
4. 0 21.5 6.5 4.5 11.0 43.5
5. 0 21.0 8.5 1.0 3.5 34.0
6. 18.0 12.0 12.5 .5 9.5 52.5
7. 0 45.0 14.0 1.5 14.5 75.0
8. 0 18.0 20.0 .5 7.0 45.5
9. 21.5 30.5 21.0 0 5.0 78.0
10. 0 12.0 22.5 3.5 8.5 46.5
11. 23.5 12.5 17.5 1.5 9.0 64.0
12. 0 11.0- _ 2940- - 1.0 OM_ -36 0
113.5 233.0 175.5 19.5 78.0 619.5
619.5 divided by 10.1 = 61.3 hours per year, or 5.1 hours per month per employee
The total patroLrnn overtime in calendar year 1983 was 888.5 as compared to calendar year
1984 at 1142.0 hours. This is an increase of 28.5% over the past year. This increase is
due to the ever-increasing workload and limited resources. The patrolmen court overtime
alone (522.5) is 58.8% of last year's entire patrolmen's overtime of 888.5 hours.
There were 647 arrests made in 1983 ccmpared to 740 arrests in 1984, an increase of 15.8%.
This increase will also be reflective in court overtime, as 2/3 of the patrol work forces
are on duty when courts are not in session; i.e., first night and second night shifts.
Y
POLICE DEPAITMERr
Patrol Division
1984
1.1.2. AccoLmt
A. 1984 General Overtime Hours:
1. Personnel: xvisors = 5.4
B. Overtime Distribution:
Special Criminal Traffic monthly
Month Training Details Investigation Investigation marts Totals
1. 13.0 19.0 48.0 0 1.0 81.0
2. 63.0 20.0 23.5 1.0 0 107.5
3. 15.0 31.5 26.0 .5 4.0 77.0
4. 0 20.5 27.5 0 .5 48.5
5. 6.0 18.5 38.0 0 0 62.5
6. 13.0 24.5 11.5 0 .5 49.5
7. 0 0 6.5 1.5 .5 8.5
8. 0 12.5 11.0 0 1.5 25.0
9. 27.0 35.0 12.0 4.5 0 78.5
10. 0 15.0 48.0 0 0 63.0
11. 9.0 56.5 22.5 0 2.5 90.5
12. 9.0 55.5 39.0 0 _ 0 103.5_
155.0 308.5 313.5 7.5 10.5 795.0
795.0 divided by 5.4 = 147.2 hours per employee, or 12.3 hours per month per employee
The total su rvisors overtime in calendar year 1983 was 1,058 as carpared to calendar year
1984 at 924 total hours, a decrease of 12.7% in the past year.
POLICE DEPARTMERr
Patrol Division
1984
1.1.2. Account
A. 1984 Court Overtime
B. Distribution: �^
' po Monthly • c.�v`+'t�r�✓/%� Monthly
Month Traffic Criminal Totals Traffic criminal Totals
1. 18.0 7.0 25.0 19.5 3.0 22.5
2, 22.0 7.0 29.0 7.0 14.0 21.0
3. 19.0 32.5 51.5 6.0 12.5 18.5
4. 23.0 6.0 29.0 7.0 12.0 19,0
5. 17.0 20.0 37.0 3.0 4.0 7.0
6. 34.0 14.5 48.5 8.0 3.0 11.0
7. 19.5 14.0 33.5 0 0 0
8, 23.0 15.0 38.0 3.0 3,0 6.0
9. 28.5 21.0 49.5 0 0 0
10. 32.5 55.0 87.5 9.0 9.0 18.0
11. 35.0 15.0 50.0 3.0 0 3.0
12. 8.0 36.0 44.0 3.0 0 3.0
279.5 243.0 522.5 68.5 60.5 129,0
522.5 divided by 10.1 = 51.7 hrs. per year 129 divided by 23.9 hrs. per year
or 4.3 hrs. per month of Court overtime or 2.0 hrs. per month of Court
per etyployee overtime Per eMloyee
;t
N
i
POLICE DEPAIMEM --
Investigative Division
1984
A. 1984 Overtime Hours: Acct. #1.1.3
1. Personnel: 3 (1 Detective Lieutenant, and 2 Patrolmen) -
B. Overtime Distribution:
Monthly
Month Train i court Investigation Total
1. 0 5.0 34.5 39.5
2. 8.5 3.0 84.0 95.5
3. 7.0 2.5 9.5 19.0
4. 0 3.5 35.0 38.5
5. 0 0 23.5 23.5
Weekend
6. 3.5 4.5 42.5 50.5 Pay
7. 7.5 0 27.0 34.5 $100
8. 0 2.0 24.0 26.0 $100
9. 0 0 22.0 22.0 $125
10. 1.0 10.5 47.0 58.5 $100
11. 1.5 0 13.5 15.0 $100
12. 3.0 0 36.5 39.5 $125
32.0 31.0 399.0 462.0 $650
Overtime Zbtals = 462
C. Average Yearly Overtime per Msnber (462 divided by 3) = 154.0
D. Average monthly Overtime per Member (154 divided by 12) = 12.83
E. Percentage of Change, yp fran 1983
F. Estimated Overtime Cost for Fiscal Year 85/86 = $10,991
a
POLICE DEPAR"IME Rr -
Support Services Division
1984
A. 1984 Overtime Hours: Acct. #1.1.4
1. Personnel: 7 (1 Support Services Manager and 6 Clerk Dispatchers)
B. • Overtime Distribution:
Special monthly
Month Clerical Details Dispatch Training Totals
1. 8.5 10.5 17.0 0 36.0
2. 11.5 5.0 18.0 33.0 67.5
3. 2.0 3.0 6.5 53.0 64.5
4. 5.0 5.5 6.5 0 17.0
5; 8.0 15.5 54.0 0 77.5
6. 10.0 5.0 14.0 0 29.0
7. 0 22.0 12.0 0 34.0
8. 7.5 4.0 7.0 0 18.5
9. 14.0 18.0 28.0 13.0 73.0
10. 21.0 4.5 16.5 16.0 58.0
11. 4.0 3.0 8.0 0 15.0
12. 5.0 9.0 36.5 9.0 59.5
96.5 105.5 224.0 124.0 549.5
Support Services Division Total Overtime = 549.5
C. Average Yearly Overtime per Member = 78.5
(549.5 divided by 7)
D. Average Monthly Overtime per Mrter = 6.54
(78.5 divided by 12)
E. Percentage of Lunge, uM 73.3% froan 1983 (317)
i
{
F. Estimated Overtime Cost for Fiscal Year 85/86 $10,209
($15.58 x 459.5)
t
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
• AGENDA OF: AGENDA ITEM
DATE SUBMITTED: 12/10/85 PREVIOUS ACTION: none
ISSUE'/AGENDA TITLE: NPO #
Appoiritment PREPARED BY: Diane Jelderks
REQUESTED BY: Larry Schmidt
OEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
Attached is Larry Schmidt's application for membership to N O # 5. The Planning
(;omission reviewed this at their December 3, 1985, Public Hearing and recommended
t:'iat 1r. Schmidt be appointed to NPO # 5. (minutes attached)
ALTERNATIVES CONSIDERED
1. Appoint Mr. Schmidt to NPO # 5.
2. Deny the appointment.
SU(MSTIED ACTION
h.
1. Appoint Mr. Schmidt to NPO # 5.
s
e m
�.. 0bes
Y�
CITY OF TIGA' RD CITIZEN COMMITTEE INTEREST APPLICATION vpI '-96S)�O
/1 l`C9
NAME: Z DATE:
ADDRESS (RES.): /5-73-5 - sr'`, �� �/44/�� _ RES. PHONE: 9-s
ADDRESS (BUS.): F3o_?51_ cS �sS BUS. PHONE: ��3?�
LENGTH OF RESIDENCE IN TIGARD: 36 4,-o es SUGGESTED BY: -.J(75L &V
WHERE DID YOU LIVE PREVIOUSLY??
EDUCATIONAL BACKGROUND: /`��9� 4 Ao/ G1ea-,e -- e'al/�e
.00CUPATIONAL STATUS AND BACKGROUND: ((�2 5F C c'� �'�7ate' �'e �"A'�'�F''►`
HOW LANG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? COO) �Q�-s --
IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? ���+'� •
PREVIOUS COMMUNITY ACTIVITY: _ ,i�,l����r� ��'�'��<< ✓��4�
i�ae h SCtP2 . --
ORGANIZATIONS AND OFFICES:
OTHER INFORMATION (GENERAL REMARKS): �'C
5C F/i`�l /�/ /.S /i"1 //�'4r�.(� �- �/lr •G' Lt.��i�`c fel! �� � lr�l�ii-e7¢� /�O�+''(
l7oC.L)/I' C�G�Cy` {�f/>4
AL e, / le
BOARDS, COMMITTEES OR NPO INTERESTED IN:
----- -----
--------------------------------------------------------------------------
Date Received at City Hall Date Interviewed
--.- --....Date-Appointed___-___._.. _ _ __._ _ Board,-Committee,--or-NPO..----__-__.__ _.,. �__. .._. ___._._. _._•
Inside City Outside City
(0346p)
I WE NOW
TIGARD PLANNING COMMISSION
REGULAR MEETING — DECEMBER 3, 1985
1. President Moen called the meeting to order at 7:35 P.M. . The meeting was
held at Fowler Junior High School, 10865 SW Walnut — LGI Room.
2. ROLL CALL: Present: President Moen; Commissioners Butler, Peterson,
Vanderwood, Newman, Owens, and Fyre (arrived 9:00
PM).
Absent: Commissioners Bergmann and Leverett.
3. APPROVAL OF MINUTES
Commissioner Vanderwood moved and Commissioner Butler seconded to approve
the minutes as submitted. Motion carried by majority vote of members
present. Commissioners Newman and Owens abstained.
Y
4. PLANNING COMMISSION COMMUNICATION
There was no communication.
5. PUBLIC HEARINGS
gg 5.1 REVIEW LARRY SCHMIDT'S APPLICATION FOR APPOINTMENT TO NPA # 5
L o Mr. Schmidt was unable to attend because of a conflict. He called
staff and requested they explain to the Commissioners why he would
like to become and member and asked that the Commission forward his
application to City Council for appointment.
o Commissioner Vanderwood stated that she knew Mr. Schmidt and
supported his appointment to NPO # 5 Discussion followed.
* Commissioner Vanderwood moved and Commissioner Owens seconded to
forward Larry Schmidt's application to City Council with a
recommendation for appointment. Motion carried unanimously by
Commissioners present.
5.2 LOT LINE ADJUSTMENT M 11-85, VARIANCE V 17-85 BENJ. FRAN. DEV./TOM MILLER
MARY BURNHAM NPO # 6
Appeal of the Director's decision. Located: within the Solarcrest
Subdivision, at the southwest corner of Elrose Street and 97th Avenue
(WCTM 2S1 11BA lots 4900, 5600, and 5e700).
Senior Planner Liden explained that the applicant's had worked out a
tentative agreement, however, if the agreement did not work out staff
would like this item set -over to the January 7th, 1986, hearing so that
staff would not have to readvertise if the agreement should happen to fall
apart.
1
PLANNING COMMISSION MINUTES — DECEMBER 3, 1985 - PAGE 1
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY i
AGENDA OF: December 16, 1985 AGENDA ITEM #:
DATE SUBMITTED: December 12, 1985 PREVIOUS ACTION: Council Consensus
ISSUE/AGENDA TITLE: Authorize To Modify Job Description
Building Maintenance Custodian PREPARED BY: Jerry McNurlin
Recruitment REQUESTED BY: Jerry McNurlin
DEPARTMENT HEAD OK: LL":�_ CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
The City Council, on 12/9/85, directed staff to modify the draft job
description for the Building Maintenance Custodian and requested recruitment
authorization be placed on the consent agenda for the 12/16/85 meeting.
Staff has modified and revised the job description as requested.
ALTERNATIVES CONSIDERED
1. Authorize recruitment for Building Maintenance Custodian and approve job
description.
2. Take no action at this time.
SUGGESTED ACTION
Authorize recruitment for Building Maintenance Custodian and approve job
description.
lw/3478A
BUILDING MAINTENANCE CUSTODIAN � A
GENERAL STATEMENT OF DUTIES: Performs a variety of skilled building maintenance
and janitorial work on city buildings and equipment. Work is generally routine
in nature. Must be able to work any tiyfa-Q--shift and be bonded.
SUPERVISION RECEIVED: Works under the general supervision of the Operations
Superintendent and will receive assignments and daily supervision from the
Operations Office.
SUPERVISION EXERCISED: Supervision is not normally a responsibility of positions
in this classification. However incumbants may occasionally exercise lead respon-
sibility for employees assisting in assigned tasks.
EXAMPLES OF PRINCIPAL DUTIES: (Any single position of a class will not usually
involve all the duties listed and many positions will involve duties which are
not listed).
1. As a member of a crew or individually, performs work in construction, maint-
enance and repair of city buildings, equipment and related city facilities.
2. Performs routine maintenance work on plumbing, electric & mechanical system.
3. Assists supervisor in setting up and maintaining work schedules and programs.
4. Maintain a safe, clean work area for employees and the public.
S. Wash, wax, polish, clean/vacuum carpet and floors.
6. Wash and clean city buildings.
7. Maintain yard and flower beds.
DESIRABLE QUALIFICATIONS:
K n o w l e d g e o f : Standard methods, materials, tools, equipment, and
technology of the trade; occupational hazards and safety precautions of building
maintenance and of chemicals used in the trade.
A b i 1 i t t o: Locate, diagnose and repair malfunctions of equipment
and buildings. Understand and execute oral and written instructions; establish
and maintain effective working relationships with. other workers and supervisors;
work any type of shift; be self-motivated and work alone.
S k 1 1 1 I n : Use and care of tools, equipment and materials, chemicals
of the building maintenance/custodian trade.
H®MMi QE W MaI=13M8!
E xE e r i e n c e and T r a i n i n g High school gratuate or equive-
fan t and two (2) years of custodial experience and three (3) years journeyman level
building maintenance experience.
N e c e s s a r Z► S p e c i a 1 S u a 1 i f i c a t i o n _ Possession of or
ability to obtain a valid drivers license.
t.
CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY --��
AGENDA OF: December 16 1985
AGENDA ITEM #: �
DATE SUBMITTED: December 11 1985 PREVIOUS ACTION: None —
ISSUE/AGENDA TITLE: Notice°.f--------
Decision - M 12-85 Wed ewood Homes PREPARED BY: Community Development
V 19-85 Lothar Schramm MLP 16-85
REQUESTED BY:
Richard Fimmel
CITY ADMINISTRATOR:
DEPARTMENT HEAD OK; --
- POLICY ISSUE
INFORMATION SUMMARY
Attached are Director' s Decisions for the fallowing: 4,225.
Inc. to adjust three parcels of A,225.
1, M 12-85 by Wedgewood Homes, ft.
and 9,505 sq. ft. into three parcels of 7,580, 6,414, and 3,961 sq.
on property zoned R-4.5• ft. addition to an
2. V 19-85 by Lothar Schramm to allow a 9,956 sq.
existing industrial building and for ao variance
to allow
arequired on property
from State Highway 21.7 where a 20
zoned I-L. partition a 41,012.3 Sq. Ft, property into
3. MLP 16-85 by Richard Fimmel to p' Ft. each.
3 parcels containing 11,372.9, 10,073.14 and 19,566.26 Sq.
ALTERNATIVES CONSIDERED
1, Receive and file.
m Consent Agenda and call up for Council review at a
2. Motion to remove fro
later meeting.
SUGGESTED ACTION
Receive and file.
(2237P)
CLT Y OF TIGARD
NOTICE OF DECISION
LOT LINE ADJUSTMENT M 12--85
APPLICATION: Request by Wedgewood Homes, Inc. to adjust three parcels of
4,22.5 4,225, and 9,505 square feet into three parcels of 7,580, 6,414, and
3,961 square feet on property zoned R-4.5 (PD) (Residential, 4.5 units/acre,
planned development) and located on Morning Hill Drive, Morning Hill No. 1
Lots 22, 23, and Tract "F" (WCTM 2S1 4AB, T.L. 1.600, 1700, 1990) .
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above described application subject to certain
conditions. The findings and conclusions on which the Director based his
decision are as noted below.
A. FINDING OF FACT
1. Background
Approval was granted by the City for the development of Morning
Hill in 1978 (File ZCPD 5-77) . A similar application for a lot
line adjustment for a site in Morning Hill was approved on August
22, 1985.
2. Vicinity Information
Properties to the north, south and west are all zoned R-4.5 (PD).
Property to the east is zoned R-4.5.
3. Site Information and Proposal Description
Morning Hill No. 2 was platted with 10 building envelopes
surrounded by common open area. One building exists on lot 23 and
the lots have frontage an Morning Hill Drive.
The applicant proposes to adjust the lot lines in order to
eliminate the existing common area except for the space occupied
by the driveway and to adjust the parcel sizes from 42.25 square
feet to 7580 square feet, 4225 square fneL to 6414 square feet and
9505 square feet to 3961 square feet.
4. Agency and NPO Comments
The Building Division has the following comments:
All corner lots should maintain the visual clearance from
the driveway to the garage.
The Engineering Division had the following comment:
1. The sewer easement and access to other tracts shall
not be precluded by "future actions" .
NOTICE OF DECISION - M 12-85 - PAGE 1
Nam
b, Since Morning Hill Drive will be a relatively busy
street and the close proximity of Chimney Ridge Court
to the north and a common driveway immediately south,
access for the undeveloped lot should be provided via
the common driveway, not Morning Hill Drive.
No other comments have been received.
B, ANALYSIS AND CONCLUSION
The proposed lot line adjustment is consistent with the approval granted
by the City for Morning Hill and for M 7-85. The lots will be capable
of accommodating homes which meet applicable setback requirements.
C. DECISION
The Planning Director approves M 12-85 subject to the following
conditions:
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL. BE MET PRIOR TO
RECORDING THE LOT LINE ADJUSTMENT WITH WASHINGTON COUNTY.
2. The revised legal descriptions for the new parcels shall be
reviewed and approved by the Planning Director PRIOR TO
RECORDING. After approval, the City shall record the documents
and forward a copy to the applicant.
3. The area designated tract "F" shall provide driveway and general
utility easements.
4. Proposed parcel 2 shall not be allowed to have direct access onto
SW Morning Hill Drive and, further it shall be required to have
access onto Tract "F" as far to the east as possible. Access
shall be approved by the Planning Director prior to issuance of
building permits.
5. This approval is valid if exercised within one year of the final
decision date noted below.
p, PROCEDURE
1, Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XX The applicant b owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2, Final Decision:
THE DECISION SHALL BE FINAL ON December lb, 1985, UNLESS AN APPEAL
IS FILED.
NOTICE OF DECISION - M 12-85 —PAGE 2
3. Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 4:30 P.M. r 12-16-85
4. 4uestians: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Nall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171.
PREPARE BY. Deborah A. Stuart, As Planner DATE
12-6=85
Willi A. onahan, Direc or of Planning & Development DAM APPROVED
(DAS:bs12221P)
NOTICE OF DECISION - M 12-85 PACE 3
CITY OF TIGARD
NOTICE OF DECISION
SITE DEVELOPMENT REVIEW SDR 16-85
VARIANCE V 19-85
"LIC
Request by Lothar Schramm to allow a 9,956 square foot addition
to an existing industrial building and for a variance to allow a ro eo�
setback from State Highway 217 where a 20 foot setbMt
ack is required
1AC
zoned I-L (Light Industrial) . Located: 7585 SW Hunziker Street
lot 1800) .
Of
DECISION: Notice is hereby given that the Planning eCtor for subject to certain
Tigard has APPROVED the above described applications
7
nd conclusions on which the Director based hisconditions. The findings a
decision are as noted below.
A, FINDING OF FACT
1. Background
No previous land use cases have been reviewed by the City
regarding this property
2, Vicinity Information
The property is bordered by Highway 217 on the northeast and
hicfi is
ght
Hunziker Street to the south. Land walsort eszoned Li
zoned C-P
Industrial) lies immediatelywlst a d on the south side of
(Commercial Professional) e
Hunziker Street.
3. Site Information and Proposal Description
The subject parcel of 1 .86 acres is triangular in shape. An
18,830 square foot industrial building and related parking and
loading areas occupy central portion of the property . The
northeast corner of the building has a three foot setback from the
Highway 2.17 right-of-way . The parking and loading areas are
located to th; south and west of the building and access is
provided via two driveways onto Hunziker Street.
The applicant is proposing to construct a 9,956 square foot
addition on the, east side of the existing building. The parking
lot will also be extended to tho cast with the addition of 24
parking spaces . New landscaping is intended adjacent to these
improvements but a landscaping plan has not been submitted.
l'
NOTICE OF DECISION - SDR 16--85 b V 19-85 - PAGE 1
A setback variance is also requested in order• to place the
addition within three feet of the highway 217 right-of-way and
approximately 80 feet from the edge of the roadway. The I-1_ zone
standards call for a 20 foot setback. The applicant intends to
comply with all other Code requirements.
4. Agency and NPO Comments
The Engineering Division notes that additional runoff created by
the development will use the Highway 217 drainage facilities and
therefore State Highway Division approval must be obtained. The
Building Inspection Division indicates that all fire, life, and
safety requirements must be met.
NPO # 5 has no objection to the proposal.
No other comments have been received.
B. ANALYSIS AND CONCLUSION
The proposed development is consistent with Community Development Code
f requirements for setbacks (except for the variance discussed below) , lot
coverage (maximum 85X), parking (10 additional required, 24 provided) ,
and access. A landscaping plan must be submitted and approved prior to
the issuance of building permits.
Section 18.134.050 of the Code contains the following crit -ria which
must be met prior to granting a variance.
1 . The proposed variance will not be materially detrimental to the
purposes of this Code, be in conflict with the policies of the
Comprehensive Plan, to any other applicable policies and
standards; and to other properties in the same zoning district or
vicinity;
2. There are special circumstances that exist which are peculiar to
the lot size or shape, topography, or other circumstances over
which the applicant has no control, and which are not applicable
to other properties in the same zoning district;
3 . The use proposed will be the same as permitted under this Code and
City standards will be maintained to the greatest extent that is
reasonably possible, while permitting some economic use Of the
land;
4 . Existing physical and natural systems, such as but not limited to
traffic, drainage, dramatic land forms or parks will not be
adversely affected any more than would occur if the development.
were located as specified in the Code; and
NOTICE OF DECISION - SDR 16-85 6 V 19-85 - PAGE 2
i
5. The hardship is not self-imposed and tho variance request is the
minimum variance which would alleviate the hardship.
Because the subject property has frontage on Hunziker Street and Highway
217 it is considered as a "through lot" which calls for a 20 foot
building setback from all property lines which abut a street. if
Highway 217 did not abut the parcel a zero foot setback would be allowed.
the setback standard for through lots is to prevent
The purpose of
encroachment of development upon public streets. This situation is
somewhat unique in that no access is permitted (into Highway 217 and the
edge of the roadway is approximately 80 feet from the proposed addition.
Because of the triangular shape of the property, the location of the ,
existing improvements, and the terrain, the proposed addition represents
the only feasible option for expanding the facilities-
The use of the property is permitted in the I-L zone and the proposal
meets or exceeds all other Code requirements.
The addition will not adversely affect natural systems such as surface
drainage and sufficient space exist between the building and Highway
217. There hardship is primarily due to the right-of--way dedication for
the highway and the variance is the minimum necessary to alleviate the
hardship.
C. DECISION
The Planning Director approves SDR 1.6- 85 and V 1.9-85 subject to the
following conditions:
1. UNLESS OTIIERWISE NOTED, AL1. CONDIIIONS SHALL BF MET PRIOR TO
ISSUANCE OF BUILDING PERMITS.
2. The building addition shall have a minimum setback from the
Highway 217 right-of-way of three (3) feet.
3. A landscaping plan which is consistent with Chapter 1.8. 1.00 of the
Community Development Cade shall be submittcad for Planning
Director approval.
A. The materials shown on the approved landscaping plan shall be
installed prior to occupancy of the addition.
5. Approval shall be obtained from the State Higt,way Division to
accept the additional water runoff treated by the development.
6. This approval is valid if exercised within onc. year of the final
derision date noted below.
PAGE 3
V 19-8`i
NOTICE OF DECISION - SDR 16-85 6 -
1
p, PROCEDURE
1, Notice: Notice was published in the newspaper, posted at City
Nall and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision'
THE DECISION SHALL BE FINAL ON December 16 1985 UNLESS AN APPEAL
IS FILED.
3. Appeal
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 4:30 P.M. 12-16-85-_
q, Questions: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PL Sox 23397, Tigard, Oregon 97223, 639-4171.
i
12-6-85
DATE
. REPARF
Y: Keith Liden Senior P1 or
_ 12-6-85
_ — DATE APPROVED
William A. Monahan, Director of Planning & Development
(KSL:dmj/2220P)
LL
PHIL
`LEWiS
:. NOTICE OF DECISION - SOR 16-85 & V 19-85 PAGE 4
LEVINE/2MORGAGE CREDITCORP
7580 SW Hunziker
Tigard, OR 97223
•�1 LIMNER
7580 SW Hunziker
Tigard, OR 97223
FIELDS
PO Box 520
Painesville, ON 44077
HERING
12805 SW 77th Place
PO Box 23009
Tigard, OR 97223
State Highway Division
Lee Gunderson
PO Box 565
Beaverton, OR 97075
JENSEN KRAUSE SCHOENLEBER
ASSOCIATED ARCHITECTS PC AIA
ATTN: Jerry R. Baysinger .
1962 NW Kearney St.
Portland, OR 97209
LOTHAR SCHRAMM
7585 SW Hunziker Road
Tigard, OR 97223
CITY OF TIGARD
NOTICE OF DECISION
MLP 16-85
APPLICATION: A request by Richard Fimmel to partition a 41,012.3 square foot
property into 3 parcels containing 11,372.9, 10.073.14 and 19,566.26 square
feet each. Location: Southwestern corner of Bonita Road at 81st Avenue.
(0200 SW Bonita Rd. (WCTM 2S1 128C, Lot 1200).
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has been APPROVED subject to certain conditions. The findings and
conclusions on which the Director based his decision are as noted below.
A. FINDING OF FACT'
1. Background
No previous applications have been reviewed by the Planning
Department for this property.
2. Vicinity Information
The surrounding property to the west and north are zoned R-7.
Property to the south and east are also zoned R-4.5.
3. Site Information and Proposal Description
The property is presently undeveloped and drainage swale occupies
the northwest corner of the parcel. The applicant proposed to
divide the property into three residential homesites with the
potential of one future division of the proposed 19,566 square
foot lot.
4. Agency and NPO Comments
NPO N5 has been notified of the proposal and has no objections to
it.
The Engineering Division has the following comments:
a. A gully traverses the northwestern section of the property.
Structures should be located to avoid this drainageway. If
any fill or other modifications to this area are
contemplated, the plans for this work should be reviewed and
approved by the Engineering Division.
b. Sanitary sewerage facilities are not available at the site.
These facilities must be extended to the property and an
easement may be necessary to provide for future extensions
to service the parcels to the west.
C. The site distance at the 81st Avenue/Bonita Road
intersection is poor and will need to be remedied.
NOTICE OF DECISION — MLP 16-85 —PAGE 1
d. Bonita Road is a collector street which requires a
right-of-way width from centerline of 30 feet. Additional
right-of-way must be dedicated to met this standard. 81st
Avenue is a local street which requires a right-of-way width
from centerline of 25 feet.
e. Half street improvements meeting major collector street
standards is necessary along the Bonita Road frontage.
f. No access should be permitted onto Bonita Road.
g. 81st Avenue is a County Road and an access permit from
Washington County will be required.
Washington County Department of Land Use and Transportation has the
following comments:
a. SW 81st Avenue is a County road.
b. The road presently has 40 foot width right-of-way and 50 feet is
the current minimum standard.
C. The roadway width, surface condition, and pedestrian facilities
are inadequate.
d, 81st Avenue shall be paved to a 22 foot width with a minimum five
year wearing surface. A fie foot wide sidewalk should also be
provided along the 81st Avenue frontage.
e. The applicant shall sign a waiver not to remonstrate against the
formation of a local improvement district (L.I.D.) to improve 81st
Avenue.
f. An access permit must be obtained from Washington County.
No other comments have been received.
Q. ANALYSIS AND CONCLUSION
The proposal meets the provisions set forth in Chapter 18.162 of the
Tigard Community Development Code. .
C. DECISION
The Planning Director approves MLP 16-85 subject to the following
conditions:
1. UNLESS OTHERWISE NOTED, ALL. CONDITIONS SHALL FIE MET PRIOR TO
ISSUANCE OF BUILDING PERMITS.
` 2. Standard half-street improvements including sidewalks,
curbs, streetlights, driveway aprons, storm drainage and
s
utilities shall be installed along the SW Bonita Road
t
NOTICE OF DECISION - MLP 16-85 - PAGE 2
frontage. Said improvements along SW Bonita Road shall be
built to City Major Collector standards and conform to the
alignment approved by the Engineering Division. Said
improvements shall also be tied to County Survey No. 20,307.
3. Standard half-street improvements including sidewalks,
curbs, streetlights, driveway aprons, storm drainage and
utilities shall be installed along the SW 81st Avenue
frontage. Said improvements along SW 81st Avenue shall be
built to City Local Street standards and conform to
alignment to be approved by the City Engineering Division
and County Road Engineer.
4. Seven (7) sets of plan-profile public improvement
construction plans and one (1) itemized construction cost
estimate, stamped by a Registered Professional Civil
Engineer. detailing all proposed public improvements shall
be submitted to the Engineering Section for approval.
5. Sanitary sewer plan-profile details shall be provided as
part of the public improvement plans.
6. Construction of proposed public improvements along Bonita
Road shall not commence until after the Engineering Section
has issued approved public improvement plans. The Section
will require posting of a 100% Performance Bond, the payment
of a permit fee and a sign installation/streetlight fee.
Also, the execution of a street opening permit and/or
construction compliance agreement shall occur prior to, or
concurrently with the issuance of approved public
improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE
SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING AND
AGREEMENTS.
7. Additional right-of-way shall be dedicated to the public
along SW Bonita Road frontage to increase the right-of-way
to 30 feet from centerline. The descripticn for said
dedication shall be tied to the existing right-of-way
centerline as established County Survey No. 20,387. The
dedication document shall be on City forms and approved by
the Engineering Section, DEDICATION FORMS AND INSTRUCTIONS
ARE ENCLOSED.
8. Additional right-of-way shall be dedicated to the public
along the SW 81st Avenue frontage to increase the
right-of-way to 25 feet from centerline. The description
for said dedication shall be tied to the existing
right-of-way centerline as established by Washington County
Road No. 1290. The dedication document shall be on City
forms and approved by the Engineering Section. DEDICATION
FORMS AND INSTRUCTIONS ARE ENCLOSED.
`.:. 9. The "basis of bearings for the Plat or Survey shall be
County Survey No. 20,387, which is a part of the Tigard
Field Survey Network.
NOTICE OF DECISION - MLP 16-85 - PAGE 3
10. Extension of public mainline sanitary and storm sewer will
be required to serve the new parcels. The routing of these
facilities through this partition shall take into
consideration the needs of the nearby downstream basin.
11. An access permit and "letter of serviceability" shall be
obtained by the applicant from Washington County for access
onto SW 81st Avenue.
12. This approval is valid :f exercised within one year of the
final decision date noted below.
13. Access onto SW Bonita Road shall be subject to City review
and may not be (directly) permitted. The applicant should
consider that potential future partitioning of the lot on
Bonita will impact future access needs.
14. Horizontal sight distance from 81st Avenue onto Bonita Road
shall be required to be addressed on the roadway improvement
plan.
D. PROCEDURE
1. Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
X The applicant 6 owners
X Owners of record within the required distance
X The affected Neighborhood Planning Organization
X Affected governmental agencies
2. Final Decision:
THE DECISION SHALL BE FINAL ON December 16, 1985, UNLESS AN APPEAL_
IS FILED.
3 . Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 4:30 P.M. 12-16-85
4. Questions: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171.
PREPA Y: Deborah A, tuart, A Planner OAT
E
William A. Monahan, Director of Planning S Development DATE APPROVED
(DAS:pm/2194P)
NOTICE-0F DECISION - MLP 16-85 - PAGE 4
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CITYOFTIOARD
EDUCATION/TRAINING REQUEST
Y
This form is to be used for conferences, seminars, college classes and other
forms of either training or education. Documentation is required, a copy is
to be attached to this form. Attachments for mailing may also be attached. A
follow up report is required. A copy will be placed in your personnel file.
DATE OF REQUEST:rIi/icii/A5 Requested by: DET LT L. BRANSTETTER
Vendor No. :
PAYABLE TO: ( ] Employee request attend
[ X] Employer required attend
For check run of
( ] Mail, check
[ X] Notify dept. when ready
Vendor No. : Vendor No. :�_,
PAYABLE TO:� PAYABLE TO:
Title of Program: EBT ADVANCED LAT NT FINGERPRINT TES,HNT -'.:ES-�N
Institution or organization FFnrinw. WHEAtt,yOF INVESTIGATION & CORVALLIS P.D.
Registration Deadline 11/29185 Training Dates From:-Ql/O A To: 01/10(85_,
Describe the purpose: To receive intensive training in the comparison of latent
fingerprints, to inked fingerprints
r
Is this related to [ X ] current position ( ] reasonable promotion or transfer?
Explain: Earlier this year, the Department of State Police gave all agencies notice that,
they will no longer provide the past service of latent comparison work on property
crimes, that it will be incumbant upon the individual agencies to perform that work.
TRAINING COSTS: I X1 to be advanced [ ] to be reimbursed after attendance
Account No. Amount
Registration or tuition. ... .. ........... . .... .. . 0
Books.. •
.... ...... . .. . .. ...... ... 0
Travel (mileage, bus, train, airplane, etc.)... . 0
Lodging................. .......... ...... . ..... .. 200.00
Per Diem........................ ... . ..... . . .. .. . - 0
Other: 0
Total $200.00
Authorizations: I(employee), understand and agree that if all conditions of
education/training policies are not met, I may be required to reimburse the
City for any expenditu es de on my ehalf.
Employee Signature:Al- �-�- �' Date
Appropriation balance: (. Manager::(� approved ( ] disapproved
Dept. Head:-A,-/" [ �] approved ( ] disapproved (explain) :
i
r Finance Director:
Cl"W OF T117A FM
EDUCATION/TRAINING REQUEST
This form is to be used for conferences, seminars, college classes and other
forms of either training or education. Documentation is required, a copy is
to be attached to this form. Attachments for mailing may also be attached. A
follow up report is required. A copy will be placed in your personnel file.
DATE OF REQUEST: / /-I -- Requested by: �ic• 4a—.-
Vendor No. :
PAYABLE TO: ( X] Employee request attend
] Employer required attend
(a,,; � r�Y For check run of
( J Mail check
(� ] Notify dept. when ready
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Vendor No. : Vendor No. :
PAYABLE TO: PAYABLE TO:
wsssssssasassssswssssnssswssssasas.er ss�is asia.s iiasalltSotasssasssasai�Ysssa.sss=sss sfss z
Title of Program: lr-64 / /- A 'b.r/? Or fG T. �1<yahi '� {,
Institution or organization d&"4/. s/ JL./-,%. u ••�-�•l�tx
Registration Deadline G Training Dates From.24 , 6 Tb /h
Describe the purpose:
Is this related to current position [ ] reasonable promotion or transfer?
Explain: / •� �x /cam �-
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TRAINING COSTS: ( j to be advanced ( ] to be reimbursed after attendance ",f 74,���
Account No. Amount P
'Registration or tuition........................ . !d
Books...........................................
Travel (mileage, bus, train, airplane, etc.)....
Lodging.........................................
Per Diem........................................
Other:
d. Total
s ss�sssss iilissii.����sisr0!=sisl�SRiisiissiNtsitiiii�iCi'isf gsiss��tss��lYilfiii!
Authorizations: I(employee), understand and agree that if all conditions of
education/training policies are not met,. I may be required to reimburse the
City for any expenditures made on my behalf.
Employee Signature: t--�'?v - Date /Z,//�
E
Appropriation b �Iaance: Manager: [ j approved ( J disapproved E
Dept. Nead: / j approved [ j disapproved (explain):
Finance Director: