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City Council Packet - 01/19/1987 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS S STUDY AGENDA Sign-up sheet(s). If y theeeChair available, JANUARY 19, 1987, 5:30 P.M. ask ktto be recogenda item. by the agenda items are TIGARD CYVIC CENTER of . asked to be to 2 minutes or les 13125 SW HALL BLVDs. Longer matters 13125 , OREGON VD- can be set for a future Agenda by contacting either the Mayor or City Administrator. The will go ncil a STUDY SeaessionEatlO5:30 PM underE he provisions ofuORS 192 660 (1)t (d) ec�e)v8 (h) to discuss labor relations, real property transactions and current/ pending litigation issues. 1. REGULAR 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 2, VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) No one spoke 3. RIGHT-0F-WAY PRESERVATION CODE REVIEW o Community Development Director Council consensus; Staff to handle on case-by-case basis; letters to go to palpearycowners ivil liability.advising . Current wade renal. 4. Of in affect. ffic aust be llored and 4. WORKSHOP DISCUSSION 4.1 Municipal Court 4.2 Ctty Records 4.3 Phone System Status Report o Community Services Director 6 City Recorder Tabled; data to be arranged. 5. CAPITAL IMnOVVaXT PROJECTS REPORT e City Enginear Verbal; update to be presented in March 6. STREETS SDC ZRIATE POLICY REVIEW # a Community Development Director UnanimousOrdinaconsensual �►do be p pared as outlined in CDD memorandum; eliminating rebate 7. PARRS SDC REBATE/CIP CREDIT REQUEST a Coesunity Development Director - Unanimous consensu davaloper agrees to fund portion of Capital Improvasent M payinglur all szcssa at his pro rata share of tatrk o receipt propertyproperty taxes paid by his upon presentation $. NO PARKING ORDINANCES - SW WALNUT PLACE ---- 6.1 LIMITING PARKING - ORDINANCE NO. 87- 8.2 pROHIEITINC PARKING - ORDINANCE N0. T1 a Community Development Director Sc/Jo OA - Table to 1/26 meetings staff to check code with regard to parking limitation wording in proposed ordlnancsi wording should not change Baited parking a,4 provisions as are presently in effect city-wide. 9. COUNCIL MEETING CALENDAR REVIEW a City Administrator Verbal; change Jana workshop to 26th - 28th 10. CONSENT AGENDA: These items are considered to be Anyone say request routine and may be enacted in one motion without separate discussion. that an item be removed by motion for discussion and separate action. ? ' Motion tom 10.1 Approve Police Services Contract-SRO Program- No. 87-�� 10.2 Approve Police Services Contract-King City-Resolution NoL Jo/Ed VA as amended for 10.2 11. NON-AGENDA ITEMS: From Council and Staff 11.1 Cable TV Discussion 11.2 City Canter Task Force Discussion 12. ADJOUBNIBNT 10x46 PH Cx/"74A - COUNCIL AGENDA - JANUARY 19, 1987 - PAGE 1 T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - January 19, 1987 - 5:30 P.M. i. sent:ROLL CALL: PreMayor Tom Brian; Councilors: Carolyn Eadon, Jerry Edwards, Valerie Johnson, and John Schwartz; City Staff: Bob Jean, City Administrator; David Lehr, Chief of Police; Bill Monahan, Community Development Director; Ken Elliott, Legal Counsel; and Catherine Wheatley, Deputy Recorder. 2. STUDY SESSION - EXECUTIVE SESSION: The Council went into Executive Session at 5:30 P.M. under the provisions of ORS 192.660 (1) (d), (e) & (h) to discuss labor relations, real property transactions and current/Pending litigation issues. REGULAR COUNCIL MEETING BEGAN AT 7:00 P.M. 3. CALL TO STAFF AND COUNCIL FOR N DA ITEMS a. Councilor Edwards requested that cable television service be discussed with regard to the quality and cost to the City. b. Councilor Johnson requested the City Center Task Force be discussed. C. City Administrator requested that Item No. A be tabled. This was to have been a workshop discussion on Municipal Court, City Records and the Telephone Systems Status Report to be led by the Community Services Director and City Recorder. Due to the iit was suggested this item be illness of the City Recorder, discussed at a future meeting. d. City Administrator reported on Item 10.2 ty (policehasproved Services Contract - King City). The City of King he inter-governmental agreemar,t for dispatching; however, they desire to delete a paragraph. This paragraph required that King o the Tigard Dispatch Center which would City have a direct line t be too costly for them now. The Chief of Police for Tigard has determined that the speed dial bespatchedithraugh quickly.be adequate for the few number of calls which ;. VISITOR'S AGENDA } a, Mayor Brian welcomed Boy Scout Troop 799 from Pendleton. The boys were present to fulfill requirements for a "Citizenship" badge. S. RIGHT-OF-AY PRESERVATION CODE REVIEW Development Director summarized. He not staff the initiated a review of basketball hoops which were within a. Community g Over 30 hoops were discovered to be either in or right-of-way. the City right- of-way. Letters were sent to the overhang on property owners advising that this was a violation of City Code. page 1 - COUNCIL MINUTES - JANUARY 19, 1987 On December 15 there was Council discussion on this topic; staff presented a review of how various cities around the area deal with basketball hoops and other obstructions in the right-of-way. The Council asked the Community Development Director at that time to send another letter to property owners advising them of the Council meeting on the 19th of January. b. City Administrator commented that the basketball hoop issue reflects need for clarification on Code interpretation. Other kinds of obstructions also occur; i.e. , skate board ramps, bike jump ramps, etc. C. Mayor Brian noted receipt of letters to be entered into the record. All of the letters voice opposition to any action the City Council might take which would prohibit the basketball poles and hoops. 1. Sandy Honeycutt, 12275 S.W. Summer Street, Tigard, Oregon 97223. 2. Gervis and Dortha Terrill, 12160 S.W. Summer Street, Tigard, Oregon 97223. 3. Douglas Gallowa, 12190 S.W. Summer, Tigard, Oregon 97223 4. Jerry and Nancy Coursolle, 12215 S.W. Summer Street, Tigard, Oregon 97223 5. George Machan, 12250 S.W. Summer Street 6. Cliff and Ruth Carpenter, 12220 S.W. Summer Street, Tigard, Or, 97223-3231 d. Public Comments: O Nancy Robbins, 12185 S.W. Summer Street, read the letter from Jerry and Nancy Coursolle. The letter outlined the history of basketball hoops in this neighborhood. Mrs. Robbins testified that she called her insurance agent who advised that her homeowner's policy would insure against any liability loss. Mrs. Robbins then addressed the issue of the need in the neighborhood for the basketball hoops. This hoop has been from in place for five years and is several hundred feed nti 1 an intersection. She noted there is liability po everywhere; i.e. , skates, bicycles, curbs, etc. She presented pictures which showed the location and height of the hoop. Mrs. Robbins reported steps were taken to assure the basketball pole and hoop were safe when it was erected. The hoop has been utilized by many in the neighborhood. page 2 - COUNCIL MINUTES - JANUARY 19, 1987 o Dottie Terrill, 12160 S.W. Summer Street, Tigard, Oregon 97223 was present and asked her letter be read into the record. The letter requested the Council to resoivc this issue in a way ". that will allow the poles to stay and allow our kids to play on our street and stay in the d neighborhood. , o Jeff Davison, 15825 S.W. Stratford Loop, Tigard, Oregon, 97223 presented pictures after the street sweeper had passed by. Mr. Davison asked the City Council to consider not only letter of the law but the intent. He noted that other items such as trees, lamp posts, etc. , might be more of an impedance to traffic or danger to public safety than basketball hoops. 9. Council discussion followed: o Council consensus was that it looked as if the best method would be to review right-of--way obstructions on a case-by-case basis rather than as a broad issue of code enforcement. If an individual basketball hoop is obstructing passage, then staff should enforce the existing code and the hoop would be removed. o Mayor noted the operative words of the Code appear to be: ". .any item which prevents, interrupts, or obstructs the free passage of pedestrian or vehicular traffic or obstructs a driver's view. . ." Mayor recommended that a letter be written to those who have hoops which are in the right-of-way informing them of the potential personal liability. Also if the hoops should obstruct passage in the right--of-way this would be interpreted as a violation of the Code and subject to certain Code enforcement procedures (i.e. , required removal removal of the hoop). o Council consensus was that a letter (copy to Council) should sent to the owners of the basketball hoops as noted in the Mayor's comments above. Enforcement shall be on a case-by-case basis, initiated by the filing of a complaint. 6. WORKSHOP - Municipal Court, City Records, Phone System Status Report. Consensus was to table; date to be arranged. 7. CAPITAL IMPROVEMENT PROJECTS REPORT a. City Engineer reported to the the Council on the status of Capital Improvements Projects. Most of the projects have stopped construction because of winter. Staff and consultants are working to prepare for construction this coming season. Page, 3 - COUNCIL MINUTES - JANUARY 19, 1987 I 8. STREECS SDC REBATE POLICY REVIEW a. Community Development Director summarized. During discussion on the status of Tigard's street system development charge credit system on December 1, 1986, the Council requested further information. The Council instructed the staff to develop a matrix on the options available with cost estimates so that a policy can be chosen, priced, and implemented. Community Development Director presented matrix and written narrative for Council review. Four scenarios were analyzed by the Community Development Director. b. There was lengthy discussion on the four options presented by the Community Development Director. Consensus of Council was that "City purpose 'D— as outlined in the January 12, 1987 memorandum from the Community Development Director be adopted. Community Development Director is to prepare an Ordinance for Council consideration which eliminates the SDC credit. COUNCILOR EADON LEFT MEETING: 9:30 P.M. 9. PARKS SDC REBATE/CIP CREDIT REQUEST a. Community Development Director summarized. Russell Krueger, applicant for the zone change associated with Winterlake, has requested that the Council allocate funds from the Parks SDG account to compensate him for improvements made to land which he dedicated for park use. The grading which he completed should have been completed by the actual subdividers of the land. They were unable to do that, however, as the City requested delay of the dedication while pursuing a State grant for park development. Mr. Krueger completed the grading and since he has been unable to get contributions from the subdividers, he feels that the City should assist him since the builders sof a 197 the lots in the various subdivisions will each pay a pa time of building permit issuance. b Community Development Director irec accounts. outlined the status of the Parks SDC and the Parka C. Russell A. Krueger, 1335 S.W. 66th Avenue, Portland, Oregon 97225 was present to discuss this item with Council. nil. what warueger s then reported that in May 1980 he received approvalroyal known as Winterlake Subdivision (about 34 acres). This app was conditioned upon the dedication of 3.4 acres to the Summerlake Park. lace as Then market. other developerrss subdivided portions did pla portions nottake athe poriginal Winterlake project. page 4 — COUNCIL MINUTES — JANUARY 19, 1987 Mr. Krueger is now proposing to develop a portion of this property in a development known as Ari Green. Part of the requirement for approval was to improve the park site. This was bid to be done for $16,500. Mr. Krueger said it is not fair for him to pay the whole cost of this improvement because the other developers involved did not contribute anything. He noted that they are now unable to make any contributions due to financial status. In addition to the $16,500 for improvements, Mr. Krueger said he has paid property taxes on this park acreage. These taxes total $3,382.66. Mr. Krueger noted that the 3.4 acres dedicated for park use was buildable land. This was the only land available in the Summerlake Park area which was suitable for a playing field. C. There was lengthy Council discussion on the circumstances surrounding this request. Council consensus and conclusions were: o Ari Green represents approximately 40% of the total development for what was known as Winterlake. Therefore, Mr. Krueger should only be expected to contribute 40% of the cost for improvements to the donated land. The remaining 60% (approximately) could be funded from the City's Parks Capital Improvements Project fund or from the Parks Systems Development Charge fund. o The amount of property taxes ($3,382.66) should be reimbursed to Mr. Krueger. d. Council consensus was to direct staff to fund a portion of this park capital improvement by paying to the developer the excess of his pro rata share for costs incurred for park development plus all property taxes paid by Mr. Krueger upon presentation of a tax receipt. 10. NO PABBW ORDINANCES — SW WALNUT PLACE (LIMITING PARKING — PROHIBITING PARKING) a. Community Development Director summarized. City has received request by property owners on S.W. Walnut Place for designation of a portion of the street for no parking at any time and another to have limited parking. Staff has reviewed this and most of the area property owners and tenants were given the opportunity to comment. Those who has responded to the City support the recommendation as has the Police Department. b. Mayor commented that he occupies an office in the neighboring property which he developed for its owner. He has no pecuniary interest in this and will participate in Council discussion and action. Page 5 — COUNCIL MINUTES — JANUARY 19, 1987 C. Bill Weber, Chairman of the Board of Trustees of the Methodist Church, said he brought this proposal to the attention of City Staff. Mr. Weber outlined the problems experienced. The safety problem of poor sight distance for traffic was the major issue. Mr. Weber reported that there are large trucks parking overnight in the area. d. Lengthy Council and Staff discussion on the proposed ordinances followed. Concern was voiced on the wording of the ordinances in that this change should affect only this area and not change parking provisions City-wide. Consensus of Council was to have a two-hour parking limit imposed 24-hours a day excluding Sundays and holidays. e. Motion by Councilor Schwartz, seconded by Councilor Johnson, to table this agenda item to the January 26, 1987 meeting so that staff could check the ordinance to reflect Council consensus. Passed by a unanimous vote of Council present. 11. COUNCIL MEETING CALENDAR REVIEW a. City Administrator reviewed the updated Council Calendar. Inc was noted that the June workshop meeting was changed to June 26-28, 1987. 12. CONSENT AGENDA: These items are considered to be routine and ol,a; be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion by Councilor Johnson, seconded by Councilor Edwards, to: 12.1 Approve Police Services Contract - SRO Program, Resolution No. 87-11 12.2 Approve Police Services Contract - King City - (as amended by deleting the paragraph requiring that King City have a direct line to the Tigard Dispatch Center) - Resolution No. 87-12 Motion approved by a unanimous vote of Council present. 13. NOWN ENDA ITEMS 13.1 Councilor Edwards questioned the quality of the cable television =- broadcasting and the amount the City is paying for this service. He noted problems with audio and placement of the camera. City Administrator advised that the City does not get billed when there is poor audio or visual quality. The cable company is aware of technical problems on the audio. Page 6 - COUNCIL MINUTES - JANUARY 19, 1987 Mayor noted it is hard to determine what the viewership is for this broadcast. Suggested that another City survey might be in }' order to analyze viewership numbers. Since this service was not offered before on a consistent basis, the Mayor Hated it would be =" interesting to know if there is an increase. City Administrator y' reported there was an increase from the survey this fall to that of the prior fall. Councilor Johnson reported this service has stimulated citizen telephone calls to her on various issues. 13.2 City Center Task Force Discussion Councilor Johnson underscored the fact that a resolution had been passed creating a City Center Task Force about four weeks ago. To date there have been no official interest applications turned in, although several people have expressed serious interest in it. She urged Council to contact people or forward names to her for follow up. 14. ADJOURNPIENT: 10:46 p.m. Deputy Recorder — City of Tiga ATTEST: Mayan — City of Tigard CW/4565A 'Page 7 - COUNCIL MINUTES - JANUARY 19, 1997 TIMES PUBLISHING COMPANY Noetics 7-6911 P.O.BOX 370 PHONE(503)884.0380 BEAVERTON,OREGON 97075 Legal Notice Advertising • • ❑ Tearshcet Notice City of Tigard • PO Box 23397 • ❑ Duplicate Affidavit Tigard, Or 97223 • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON. ?ss. I. being ft- -ACteddyllftworn, depose and sayehagt Ir j t 1e Advertising rtising (f� Director,or his principal clerk,of the �k.. me a newspaper of general circulation as defined in ORS 193.010 and 193.020;published at T-i;a r d U the aforesaid county and state;that the a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for —r--successive and consecutive in the following issues: .Tan. 15 1987 Subscribed sworn fore me this T fl a i s o R7 Notary Public for Oregon My Commission Expires: 9-20-88 AFFIDAM p_ rrd - CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING �1 In the Matter of the Proposed Study Session - Executive Session Time Change - Meeting of January 19, 1987 STATE OF OREGON ) County of Washington) ss k City of Tigard ) r I, Cathy Wheatley being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Time Change- for the Council Meeting dated January 19, 987 a copy of said notice being hereto attached and by reference made a part hereofon the 16th day of January 1987. Su�iscrbed-,tivad sworn to before me this �' day of 19 j : f terry Public for Oregon My Commission Expires: //-•b1,4?9 ."i*" •yrf :Fe 4.Tat-.z' .5�. - "✓'" __ _ _ t•,er;4:`r' 19.v.,¢'.a vfi_; i'a�thz`+,H, _ . January 16, 1987 GE NOTICE OF TIME CP TON OF STUDY SESSION 1/19/87 �T in at 7.00 P-m. instead of the Executive Session Council meeting Of Notice is hereby given that is hereby rescheduled to beg 87,19' 1987: noticed. This meeting time change is authorized by 5,30 as previously will be held in the ith common consent of the Counci5•WandHall Boulevard, T Sard, the Mayor w an Facecutive is called for the Purpose °f holding Tigard Civic Center Conference Room, 1g2 660 (1) (d) (e) & (h) to discuss Oregon. The meeting of ORS Session under the p litigation issues labor relations and current/Pending Thomas m. Brian, Mayor 'AGENDA .# 2 — VISITOR'S AGENDA DATE 1/19/87 (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 4'<'Y. x. y s DATE I wish to testify before the Tigard City Council on 1GMM ITER 20. 3 - RIGHT-OF-AAT P2EHERAATI0" CODE RBYIW / L F� hAi�iS ? - � �: - to ct,r�an, C� �- ��a.� �r��• -_-� f U � v �c'. D Attention: City Council I am writing this letter to explain my stand on your basketball pole ruling. According to Mr. Steel , my pole causes a problem for people driving by and just passing by. I have asked numerous people about this and have been told it poses no problem at all. I also asked our garbage man and the postman and they also said that it poses no problem to them at all. The kids in our neighborhood either shoot hoops at the Robbins' basket or they come up and use ours. The post does not lean into the street or block lines or block trucks, cars or street sweepers. So I believe there must be some way this problem can be resolved without anyone being hurt or feeling they have been wronged. Now if we would have had this much attention paid to our calls and complaints concerning other illegal activities in the neighborhood, I might not want to think the problem of the pole so trivial. So let's figure a way to resolve this, that will allow the poles to stay and allow our kids to play on our street and stay in the neighborhood. Ttha�n�k_ you, Gervis and Dortha Terrill 12160 S.M. Summer St. Tigard, OR 97223 �� -�r January 19. 1986 KGF. Jerry and Nancy Coursolle 12215 SW Summer Street Tigard, Oregon 97223 Dear Mayor and Councilmemberss n the 1 hoops x < be I would like toaddress the issue of bto etbal two-folds 11)adealinghwith the w ted City rights-of-way. City's liability issues, and. 2) dealing with the neighborhood's emotions � Issues. 3 about the time the basketball hoop was erected In 198 , Frank Currie, the then Public Works Director, told me that iPr party ownehSd thusability E release form that could be signed byadjoining possible liab releasing the City of ility problems. Unfortunately I never ties received such a form. It isVela roeessso my etotallowgbasketball hoops that both the iwithin of Beaverton and Portland ha p r rights-of-way. Logic would dictate that the City should investigate how other communities handle this perceived problem. In discussion with other neighbors, it is also my understanding that most homeowners insurance policies cover such liability concerns, provided the property owner. I can understand L actual property is owned by an adjacent prop u the concern of the City if such hoops are too low, poorly constructed, or cause a visibility p rion of each hoop. oblem. Since the City has the locat these parameters can be reviewed. Now the emotional issue; although the basketball hoop between our house and the Robbin's is actually owned by the eso�iexcellentns, the oforop mobeen recreation, by the neighborhood. The hoop provides this City has prided exercise, and neighborhood interaction, which is what itself on--neighborhood interaction. As a former City employee, I recall similar issues that confronted the Planning Department. As a City we prided ourselves in reviewing not . ` only the local issues but we $eo rI hoopedthis Councilthe various takes thesame other communities addressed each is steps. Re ectfu , remy o solle ��g� Mac,Llav1 c)?- 13f, )2. 3r;a.\ C--,Nd A C—L roc;i .i undee ac,d `fie C;t� 't CU, 04 `k¢. �Ske-\1cx.\1 hoop �c. -�r,,��� p � �'s\•e `�Z:>Ub;:�`�' �?�Pr?t-__7 ori SW S�.n.,ner S�. �� Qi.`g �r1d �O� �1s•. `��r>�S��V�S �,.� ti�� C.+Ces-'�'e. G '�C�:>.tiiC `�c7�zc-�. -Yce V OCo q b1A Va,t",,-)L.s OEe' \..5 NUee,1 G,�,1,,.,,\�s � cw.d. pivpe-r' t'e.S`�'�:,+�{S�Sa�e� ��us beP.� ex�rcis�d whe►� vckic le5 PpTv Bch. 1 SSE no reascon tD re.-)-)ove the h��,,o . =ur�h�r.r>eY�� 7`l,E t)vOr- 5 ' 4 den e-)(,•z` -tv S,nGrurc�y� Ge.:rs� �ti1aGl,a►-� 01/19/1987 Tigard City Council Dear Sirs: I am writing to express gay support for the keeping of the basketball hoops on S.W. Summer Street. These hoops are used by the neighborhood children and adults on a regular basis for fun and exercise. Summer Street is a quiet neighborhood street which only connects to S.W. Summercrest. Together these streets create a loop which connects to S.W. 121st. There is very little traffic on these streets since they do not connect with any other streets. This neighborhood uses these hoops a lot. For adults with a busy schedule it is nice to be able to go out and play a few minutes of basketball without having to get in the car and drive to a school or some other facility. The nearest school is Mary Woodward, which is a half mile or As parents, it is also nice to be able more away from this neighborhood. to look out the front window and be able to see the kids and know where they are. Most of the children an this street are too young (10 or less) to be allowed to go to a school by themselves to play basketball. These hoops allow them to play and yet be where they can be watched. The street where the hoops are located is a straight street from 121st for approximately 650 feet. The closest hoop to 121st is 220 feet away from the intersection. When playing basketball , it is easy to see any car coming in either direction in time to get out of the way. This is an older neighborhood that was established before the requirements for sidewalks. The lay of the land here requires sloped driveways for most of the houses, which precludes using the driveways as a play ground since they all slope down toward the street. There is no other place for the kids to play ball , ride their bikes, skateboard, etc. They are used to playing in the street and watching out for cars, they have to do that no matter what they play. We would appreciate your careful consideration of this matter and again we wish to �txpress our support regarding keeping these basketball hoops for x use by the neighborhood. Cliff and Ruth Carpenter 12220 S.W. Summer St. Tigard, DR. 97223-3231 z k ' L • § 5.�� L14• Gt/1 tom ` c� . Q , CL • a r f E ��i k.iF.'G � t v' •Y'i'n R. Douglas Gallowa 12190 SW Summer Tigard, Oregon 97223 January 19, 1987 City Council Tigard, Oregon Dear Council Members: Please do not force the removal of the basketball hoops on our street. We feel that each basketball pole should be considered individually as to whether they impedrytraffic or impose dangerous obstruction to vehicles. The enforcing of such a policy sounds like typical bureaucratic justification for the existence of someone's job. Sincerely, n R. Douglas all a 6 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 19, 1987 DATE SUBMITTED: January 6, 1987 ISSUE/AGENDA TITLE: Right-of-Way PREVIOUS ACTION: Preservation Code Review PREPARED BY: William A. Monahan DEPT HEAD OKIZI�TY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City allow property owners to erect and maintain basketball hoops in the City right-of-way? INFORMATION SUMMARY The City hag identified over thirty basketball hoops which are constructed in, or overhang on the City right--of-way. The staff has surveyed several other communities and found that basketball hoops are regulated in a variety of ways. The City Council should give the staff direction on whether or not uniform enforcement of the ordinance should be pursued. If so, the City's Code Enforcement Officer will issue notices to offending property owners and pursue voluntary compliance agreements to remove the structures. If voluntary agreements cannot be reached, we will issue citations under the Civil Infractions ordinances. `e ALTERNATIVES CONSIDERED 1. Take no action. 2. Direct the staff to enforce TMC 10.32.200 FISCAL IMPACT SUGGESTED ACTION The staff recommends that the City Council require enforcement of TMC 10.32.200 to remove all basketball hoops and other structures which are erected in, or extend into the public right-of-way. 2859P yy�µi p•�ii„ _ MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council January 6, 1987 FROM: William A. Monahan, Director, t,t�✓Y1 Community Development A' SUBJECT: Right-of-Way Preservation Code Review On December 15, 1986, at a Study Session of the City Council, we discussed the issue of basketball hoops which are in the public right--of-way. Materials -- were distributed to you at that time which are reproduced here. We have notified those property owners who have been identified as possible owners of basketball hoops that the Council will discuss this item on January 19. I expect that several will attend the meeting. To reiterate the situation, TMC 10.32.200 reads: 10 32 200 Obstructing streets. Except as provided by Chapters 10.16 through 10.32, or any other city ordinance, no person shall place, park, deposit or leave upon any street or other public way, sidewalks or curb, any article or thing or material which in any way prevents, interrupts, or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver's view of traffic-control signs and signals. (Ord. 78-3 67(b), 1978; Ord. 70-41 Ch. 8 520, 1970). The staff interprets this to prohibit the placement of structures such as basketball hoops in the right-of-way. Questions of pubic liability, obstruction Of City equipment, and public use of the street have all been raised. The staff seeks direction of how the ordinance should be enforced. Enforcement now would require the removal of over thirty basketball hoops. The staff recommends that the Council direct staff to institute the process to remove all basketball hoops and other permanent structures which exist in or Y extend into the public right-of-way which have not been approved by the City. 1br2859P r .vK- `�.s -n +:sf -' `•% Yy< '"' .r.. ,. •-'z�^✓!'" '-Y°T ;.2,�t-•`.`, .�...s .,r,•?.yx .a��- dr- :^ik'..> ..;{'w�.:: CITY OF TIGARD. OREGON TO: Bill Monahan, Community Development Director December 12, 1986 FROM: Duane Roberts, Administrative Planner SUBJECT: Basketball Hoops Near Public Streets Fourteen cities located in the Portland metropolitan area were surveyed regarding the regulation of basketball hoops erected in the public right-of-way. Generally speaking, the cities may be divided into three main groups with respect to this subject. One group, the largest, regulates the placement of hoops under similarly worded ordinances that prohibit the obstruction of public streets. Another group, because they lack ordinances specifically pertaining to hoops, have adopted the position that they do not have the authority to regulate this use. A third group, the smallest, are cities that have 'adopted procedures that allow for obtaining a permit or special dispensation to construct hoops. Hogps Prohibited Among the first group of cities, Portland, with its dense inner-city neighborhoods, has the most active enforcement program, with the City reportedly issuing hundreds of letters each year in response to citizen complaints. In common with many other cities, the form letter used by Portland includes a warning to the property owner that he or she will be cited unless the hoop is removed. It also contains a warning that he or she is a potential party to a lawsuit arising from the installation and use of the hoop. Over the years, many have appealed citation notices to the City Council. In every case, the Council has chosen to strictly enforce the code and deny the appeal. It is relevant to note that the person responsible for administering Portland's ordinance, the Street Department Manager, is of the opinion that it is illegal for a governmental unit to issue a permit for a hoop in a public street. The reason is that the right-of-way is dedicated for public transportation related uses. By law, encroachment is allowed only for a public benefit or a use ancillary to the use of adjacent property. Accordingly, a government unit has no legal basis for issuing a permit for a hoop because such use would not meet the definition of a necessary public or ancillary facility. JC Among the other cities in this first group that deal with this problem in a similar fashion, i. e., banning with no exceptions allowed, are: . Tualatin, Lake Oswego, Oregon City, McMinnville, Troutdale, and Tigard (see attached). In the case of Tualatin, enforcement takes place in response to a complaint. The Planning Director has no knowledge of any challenges having occurred to the ordinance. Lake Oswego also has received no challenges to its letters to owners requiring them to take down or pay for removal of illegal hoops. McMinnville similarly has experienced no problems related to its letters. Its enforcement efforts are primarily a response to hazards to the City street sweeper rather than complaints from the general public. Although its treatment of the problem is the same, Oregon City differs from the other cities in this group in having a code provision that specifically names placement of hoops in the street as a prohibited use. As with the other cities, few challenges have occurred. A unique feature regarding Troutdale is that hoops are regulated under a nuisance ordinance that allows the Public Works Director considerable latitude in identifying particular conditions as constituting a violation. With regard to challenges, the Council has s.tpported the Director's position in every instance. As alluded to, except for Portland, an experience that the above cities share is that they receive very few complaints regarding illegal hoops. This tends to make this very much a low priority issue in these communities. No Regulation As mentioned, the second group of cities are those that take the position that .. they do not have the authority to regulate hoops in rights-of-way because they do not have appropriate laws on the books. Among these cities are: Forest Grove, Cornelius, Gresham, and Wilsonville. Forest Grove's building official advises that he sends out notices if the street sweeper hits a hoop, but indicates that his letters are a pretense because the city has no legal authority to require removal. Cornelius reports that it has no ordinance that makes hoops illegal. The building official is aware of two hoops on side streets within the city, but no complaints about either have been received to date. Notwithstanding the absence of a relevant ordinance, if someone were to put up a hoop on an arterial, the official would talk to the property owner and ask him or her to remove it. Gresham likewise discourages hoops but has no legal basis for restricting their installation. Apparently, as a result of a legal challenge, it came to light that the city had no legal basis for regulating hoops in streets. The present situation is that no action is taken if someone calls in with a complaint regarding a hoop placed in a right-of-way. Wilsonville's stance also is that it lacks authority. Planning officials know of two hoops located in Charbonneau, but continue to "look the other way." Y. West Linn's situation is similar, except that they would not ignore someone ' placing a hoop on a busy street. Permit Procedures The third group of cities all have formal permit or special dispensation procedures. These are: Beaverton, Milwaukie, and Hillsboro. Beaverton and Milwaukie both have permit processes. Hoops are allowed on dead-end and cul-de--sac streets. Under the conditions of approval, the owner must sign a waiver and agree to indemnify the city for all liability. Additionally, the hoop must be placed in a safe manner and maintained. Since adoption in 1976, Milwaukie has received just one permit application. Hillsboro prohibits hoops, but the Council in the past has adopted special resolutions allowing hoops in streets under conditions much like the above. sb/0215W SOURCES Portland: Don Gardener, Street Division Manager Tualatin: Jim Jacks, Planning Director Lake Oswego: Mike Wheeler, Building Division Oregon City: Keith Sutton, Police Department McMinnville: Clinton Ross, City Attorney Troutdale: Ed Kubicki,. Public Works Director Forokt Grove: Roy Hoogendoorn, .Building Official Cornelius: Jerry Taylor, City Manager Gresham: Terry Vanderoy, Building Department Wilsonville: Judy Emison, Planning Department West Linn: Mike Butts, Planning Director Beaverton: Bruce Cleeton, Code Enforcement Officer Milwaukie: Steve Hull, Public Works Director Hillsboro: Dick Banham, Community Services, Police Department sb/O215W I -A- 415, F 2 1 ADDRESSES IDENTIFIED AS RESPONSIBLE FOR BASKETBALL, HOOPS IN ROW Neal & Sandra Black Cherrie A. Harvey Gervis & Dortha Terrill 12180 SW Summercrest Dr. 12245 SW Katherine 12160 SW Summer Street Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Darlene D. Fisher Thomas & Joy Ann Wells Jeremy & Nancy Coursolle 12485 SW Brookside Ave. 15630 SW 88th Avenue 12215 SW Summer Street Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Donnell & Gail Dyer Randell & Nancy Krupp Richard & Mary Craven 12532 SW 123rd Ave. 15805 SW Stratford Loop 9170 Sw Elrose Court Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Jeffrey & Judith Davison Gladys Hoty & Robert Butz Larry & Mary Hamilton 15825 SW Stratford Loop 11180 SW 119th 11290 Sw Fairhaven Court Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 John & Phyllis Fullmer Gerald & Roberta Fiarito Kit & Allison Nidever 360 SW Sylvan Court 11905 SW Burlcrest Drive 13040 SW 107th Court gard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 .J. Grant & Connie Moody James & Susan Devers, Jr. James & Edna Warren 10035 Sw Picks Court 11935 SW Summercrest Dr. 8030 SW Fanno Creek Drive Tigard, OR 97224 Tigard, OR 97223 Tigard, OR 97223 D&vid & FraAcis' Hunter David & Kathleen Hamilton Michael & Susan Bitz 1010S SW Kent Place 11754 SW Summercrest Drive 14900 SW 83rd Ave. otigwrd, OR-,97224 Tigard, OR 97223 Tigard, OR 97224 x Brian & Donna Moore Sharon Stearns Larry & Bette King 11.775 SW 114th Place 10370 SW Del Monte Drive 12055 SW 118th Ave. Tigard, OR 97223 Tigard,' OR 97223 Tigard, OR 97223 .,.. i & pnniaThonuui TDC Real Estate Fund #2 Bernard & Prudence Blum SSS` 900=N.a'CPSadkF.3sland Dr. #150 11740 SW: Katherine St. bird, -0972*3 s fort la", OR 97217: Tigard, OR 97223 r � UU V 4'.? � 10.32.200--10.32.250 TIGARD 10.32.200 s�tre�t ,° Except as provided by Chapters 10.16 t rouq "° 3 ,°'or any other city ordinance, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb, any article or thing or material which in any way prevents, interrupts, or obstructs the free passage of pedestrian or vehicular traffic, or ob- structs a driver's view of traffic-control signs and signals. (Ord. 78-3 S7 (b) #- 1978; Ord. 70-41 Ch. 8 S20, 1970) . 10.32.210 Removing lass and debris. Any party to a Collis on or other vehicular accident, or any oth- - person causing glass or other material or substance like's to injure any person, animal or vehicle to be upon any street in this city, shall as soon as possible remove or cause to be removed from such street all such glass or other material or sub- stance. (Ord. 70-41 Ch. 8 S21, 1970) . 10.32.220 Illegal cancellation of traffic citations. It is unlawful or any person to cancel or solicit the can- cellation of any traffic citation in any manner except where approved by the municipal judge. (Ord. 70-41 Ch. 8 522, 1970) . 10.32.230 Tam eri.n with odometers prohibited--Penalty. Any person foun2l _gu__ilty of violation o e provisions o ORS Section 646.860 shall be subject to the penalties pre- scribed by ORS Section 646.990, and said sections are by reference herein made a part hereof. (Ord. 72-22 52, 1972: Ord. 70-41 Ch. 8 S24, 1970) . 10.32.240 Existing traffic signs. Except as the coun- cil may by resolution or ordinance Change the traffic-control regulations in accordance with the provisions of the ordinance codified in Chapters 10.16 through 10.32, all official traf- fic signs, signals and markers existing October 12, 1970, shall be considered official under the provisions of Chapters 10.16 through 10.32. (Ord. 78-3 S7 (b) , 1978; Ord. 70-41 Ch. 8 S47, 1970) . 10.32.245 Crossing private property. No operator of a vehicle shall proceed from one street to another street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. (Ord. 84-07 S1, 1984: Ord. 83-49 S2, 1983) . 10.32.250 Penalties. violations of any provision of this chapter is a class B traffic infraction. (Ord. 78-3 57 (c) , 1978: Ord. 70-41 Ch. 8 S49, 1970) . t, ,. 147 (Tigard 9/84) • TITLE 17 PUBLIC IMPROVEMENTS PORTLAND may be considered and paid for as one patch (b) It is unlawful for any person to and one job if both are in the same category erect or cause to be erected any structure of the foregoing schedule. Otherwise each in, over or upon any dedicated street area, Patch shall be computed separately. except that the City Engineer may, if the (2) Cost basis. if the area or distance between property line and back of Character of the work is such that the cost existing or future sidewalk is greater than 1 of performing such work can be foot, and if in his opinion circumstances conveniently and accurately ascertained, warrant, grant permission for wails not the work may be done for actual cost as exceeding 3 feet in height, fences and steps, determined in accordance with provisions of that otherwise comply with the Code of the the finance regulations City, to be constructed 1 foot back of the sidewalk. Also, on buildings whose front is Chapter 17.44 located on the property line, the City Engineer may allow decorative facings, STREET OBSTRUCTIONS- certain types of utility meters, utility ADVERTISING BENCHES valves, and other utility appurtenances, to extend into the street area an amount he Sections: determines will not interfere with the public 17.44.010 Unlawful Acts Enumerated. use of said street, but not exceeding 1 foot. 17.44.020 Temporary Street Closure. The Council, upon determining a public need 17.44.030 Advertising Benches Allowed. for areas occupied by such walls, fences„ 17.44.040 Application for Bench steps, facings, or utility meter valves and Permit. other appurtenances, may revoke said 17.44.050 Dimensions permission and the property owner or utility 17.44.060 Initial Fee. wild be required to remove them from the 17.44.070 Advertising Bench Location. street area This Section shall not 1 to: 17.44.080 Advertising. (c) iSapply 17.44.090 Permit Issuance or Denial. (1) Any use or structure for which 17.44.100 Appeal. a permit has been issued by the Council or 17.44.110 Term. by authority of any Title; 17.44.120 Renewal. (2) Motor vehicles lawfully parked 17.44.130 Insurance. pursuant to City regulations; 17.44.140 Maintenance. (3) Barricades placed by or with 17.44.150 Revocation. the approval of the City Engineer or the 17.44.160 Remonstrance. Traffic Engineer; nor 17.44.170 Removal. (4) Temporary closures and occupancies pursuant to this Chapter. 17.44.020 Temporary Street 17.44.010 Unlawful Acts Closure. (Amended by Ord. No. 138811 and Enumerated (Amended by Ord. No. 140190 143846; passed and effective June 16, and 151081; passed and effective February, 1977.) City Engineer may close or allow to 1981.) be closed temporarily any street or portion (a) It is unlawful for any person to thereof for the following reasons: obstruct or cause to be obstructed any (1) To facilitate construction, roadway, curb or sidewalk by leaving or demolition or installation of facilities on placing, to remain longer than 2 hours any public or private property. object, material or article which may (2) To restrict vehicular use of an prevent free passage over any part of such unimproved street for the protection of the street or sidewalk area. This Section does public or to eliminate a neighborhood • not authorize any action in violation of any nuisance. other Title or regulation. (3) To provide for special events, 79 SAMPLE LETTER USED BY PORTLAND George Biddle General Line Foreman Portland General Electric 3700 SE 17th Ave Portland, Oregon 97202 Dear Mr. Biddle: We have received a complaint from a concerned neighbor that there is a basketball hoop on PGE pole # d at We request that you remove the ac oard, hoop, etc. At your ear ies convenience. Thank you very much for your prompt attention to this matter. If you a have any questions, please call me at 796-7003. Sincerely, Don Gardner Street Systems Management DWG/s9 71 SAMPLE LETTER USED BY PORTLAND CERTIFIED MAIL RETURN RECEIPT REQUESTED Name & address k It has come to our attention that a basketball hoop has been erected within the public right of way adjacent to your property. You may not realize that City Code and State Law prohibit encroachments like this in the public right of way. We wish to informyou that as the adjacent property owner you may be exposing yourself to potential civil liability should anyone be injured as a result of this hoop. We have found that basketball hoops located { next to the street area create a significant hazard to children by encouraging them to play in the street, exposing them to passing traffic. There have also been incidents in which street sweeper operators have been injured by accidentally hitting a basketball hoop while they were cleaning the streets. Therefore, we must request that you rove the basketball hoop, pole, backboard, etc. as soon as possible. We thank you for your concern and cooperation. If you have any questions, please feel free to call me at 796-7003. Sincerely, Don Gardner Street Systems Management DWG/sg Full g� r- �' �(- SAMPLE LETTER USED BY PORTLAND CERTIFIED MAIL RETURN RECEIPT REQUESTED Name & address On we sent a Certified Letter requesting you to remove a bask�e bAT —pole, hoop, backboard, etc. adjacent to your property. We have been notified that the basketball hoop is still erected in the public right of way. This letter is a reminder that the hoop is illegal , and Faust be removed. If you do not remove the hoop yourself, the City of Portland may be forced to take further action, which may include having the basketball hoop removed, and putting a lien against your property for the cost of doing the work. We sincerely hope it does not become necessary for us to have to take this action. Please remove the basketball pole, hoop, backboard, etc. immediately. If you have any questions, please call me at 795-7003. ti Sincerely, A 'S. Don Gardner Street Systems Management DWG/sg 10.12.120--10.12.150 MCMINNVTLLE 10.12 120 Driving under the influence of intoxicating liquor, dangerous drugs or narcotic drugs Rrohibited. A. Pio person shall operate a motor vehicle on other property open to public travel while under the influence of intoxicating liquor, dangerous drugs, or narcotic drugs. B. A person charged with an offense under this section shall be advised that he has a right to a chemical test of his blood, saliva or urine at his expense or chemical test of his breath without expense, that he is not required to submit to any such test, and that his refusal will not result in suspension of his driving privileges, and that his refusal to submit or failure to request chemical testing cannot be used against him in any criminal proceeding. C. As used in this section, "intoxicating liquor, " "dangerous drug" and "narcotic drug" mean the same as those terms are defined by state law. (Ord. 3629 553, 1972) . 10.12.130 Damaging or obstructing sidewalks and curbs. A. T e operator of a vehicle shall not drive upon, a side- walk or roadside planting strip except to cross at a perma- nent or temporary driveway. B. No unauthorized person shall place dirt, wood or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway. C. No person shall remove a portion of a curb or move a motor vehicle or device moved by a motor vehicle upon a curb or sidewalk without first obtaining authorization and posting bond if required. A person who causes damage shall be held responsible for the cost of repair. (Ord. 3629 519, 1972) . 10.12. 140 µ l +� veh' ,_ Aftttitns. A. No unauthorized person snail b s-truct the free movement of vehicles or pedestrians using the streets. B. No person shall park or stand a vehicle in such a manner or location that it constitutes a hazard to public safety or an obstruction on the street. C. No person shall place, implant or erect a device in a grass or planting strip immediately adjacent to a sidewalk, curb or street which impedes the free movement of vehicles or pedestrians in using said sidewalk, curb or street area. The planting of trees and bushes not prohibited by other ordinances is not circumscribed by this section. (Ord. 3629 520, 1972) . 10.12.150 Removing lass and debris. A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street. (Ord. 3629 521, 1972) . 40 u. 157 t Beaverton Code 9.01.040 Permittee's Responsibilities. A. Unless otherwise specifically provided for in the permit, the permittee shall be responsible for the installation, maintenance and operation of the lights and decorations until the end of the permit period. B. The permittee must comply with all other Code sections, ordinances and regulations of the City relating to placement or use of the decorations or lights. C. The permittee shall be responsible for removal of decorations or lights at the end of the permit period. 9.01.050 Refusal to Issue, Revocation, or Suspension o_f the Permit. A. The mayo. may refuse to issue, revoke, or suspend the _ X permit in accordance with the provisions of BC 2.05.050 - .066. 9.01.060 Violation. Violation of BC 9.01.010 .060 constitutes a Class 2 Civil Infraction, and shall be processed in accordance with the procedures set forth in DC 2.10.010 - .050. (Reserved) 9.01.200. Basketball Backboard Permit Process. BC 9.01.200 v Beaverton Code .235 are intended to provide a procedure for application and issuance of permits for placement of a basketball backboard, hoop and net in or over public rights-of-way pursuant to BC 5.05.115 E9. 9.01.205 Procedure for Permit Application. A. Application for the permit shall be made jointly by the person wishing to erect the backboard and the owner of the property fronting the public right-of-way on forms provided by the city engineer. B. All applications must be accompanied by a permit fee. �. The amount of the fee shall be set by Council resolution. 9.01.210 Decision on Application. The city engineer shall review the application to determine if all of the following requirements are met: - - A. The backboard, hoop and net is located within 110 feet of the end of a dead-end street, or within 110 feet of a cul-de-sac, as measured along the street center line extension from the point of intersection with the curb of the cul-de-sac. In the case of an offset cul-de-sac, the 110 feet is to be measured along the street center line extension from the point where a right angle projected from the center line extension is tangent to the curve of the cul- de-sac. if the above mentioned dead-end street is subsequently extended, the backboard, hoop and net shall be relocated accordingly if necessary or subsequently removed if a through street results= B. No other basketball backboard exists in the same dead-end street or cul-de-sac. C. That the placement of the backboard is safe and that �. 3 Beaverton Code there are no circumstances that make the placement of the backboard inappropriate. 9.01.215 Notice. A. If the city engineer finds that all of the conditions of BC 9.01.210 have been met, the city engineer shall mail notice declaring intent to issue the permit to all property owners whose property abuts on the cul-de-sac or dead-end street. B. If the city engineer finds that all of the conditions of BC 9.01.210 have not been met, the city engineer shall mail notice declaring intent to deny the permit to the permit applicants. C. Any person receiving a notice may request a hearing in writing or submit written comments within ten days of the date the notice was postmarked. 9.01.220 Searing. If a hearing is requested, the hearings officer shall hold a hearing with notice as provided in BC 9.01.215.. After the hearing, the hearings officer shall approve the application if all of the requirements of BC 9.01.210 are met and the hearings officer determines that no circumstances exist that make placement of the backboard in that particular location inappropriate or dangerous to people or property. 9.01.225 Permit Issuance. A. The city engineer shall issue the permit when the following conditions have been met: 1. The city engineer, or the hearings officer in the event of a hearing, determines the requirements of BC 9.01.210 have (` been met and when tea days have elapsed following the date the notice in BC 9.01.215 was postmarked; 4 Beaverton Code 2. The permit applicant agrees to indemnify the City in amounts not to exceed the limits provided by ORS 30.270 for any and all liability, loss or damage it may suffer arising from the granting of permission to said applicant and installation and use of the basketball facilities; 3. The permit applicant provides the City with either a surety bond, whose surety is a justified surety insurer under ORS 743.732 or an insurance policy with a certificate of insurance naming the City, its officers, agents and employees as additional insured. The permit under this subsection is automatically revoked and void upon expiration or cancellation of the surety bond or insurance policy. H. The city engineer, or in the event of a hearing, the city engineer and the hearings officer, may place special conditions on the permit. 9.01.230 Renewal, Sus ension, or Revocation of Permit. A. The permit shall be valid for a period of five years. Renewal of the permit shall be accomplished in the same manner as an application for a new permit under BC 9.01.205 - .210. B. The permit may be revoked, suspended, or modified in accordance with the procedures provided in BC 2.05.050 - .066. in addition to the grounds specified in BC 2.05.054, a permit may be revoked, suspended or modified for: 1. a violation of a provision of this Code as it relates to basketball backboards in or over a public right-of-way; or 2. a violation of a term or condition of the permit. 5 Beaverton Code 9.01.235 Existing Backboards in Public Right of Way. The provisions of BC 9.01.200 - .235 shall apply to all basketball backboards installed in or over public rights-of-way after January 14, 1974. (Reserved) PLACEKENT OF SIDEWALK BENCHES, TRANSIT SHELTERS AND OTHER FACILITIES 9.01.300 Placement Permit. BC 9.01.300 -.330 are intended to provide a procedure for application and issuance of permits for placement of sidewalk benches, transit shelters and other similar facilities in public rights of way pursuant to BC 5.05.115 Ell. For the purpose of BC 9.01.300 - .330 "other similar facility" and "other facility" include newspaper dispensing stands. (BC 9.01.300, amended by Ordinance No. 3373, 6/5/84] 9.01.305 Procedure for Permit Application. A. Application for the permit shall be made to the mayor. The mayor may delegate the responsibility for approval and issuance of the permit and enforcement of BC 9.01.300 - .330 to a City employee. H. The application for the permit shall include: 1. the applicant's true name, permanent address; 2. the true name and address of a person for whom the applicant is acting as agent; 3. written and signed approval of the owner, lessee s 6 *, 5-14.4 . 5-14 ORDINANCE NUMBEIR 1405 LEGULAAND AN ORDINANCE PROVIDING FON THE THE C AC OENMILWAUKZETIOREGON;CANDROL OF BASKETBALL HOOPS WITH PROVIDING PENALTIES FOR VIOLATION THEREOF. THE CITY OF MILWAUKIE DOES ORDAIN AS FOLLOWS : Section 1. The City of Milwaukie feels that it is important to regulate uses which may protrude into the public right-of-way• Use of basketball hoops in the public right-of-way is allowed under the following conditions and guidelines : 1. Playing hours shall be limited to 9:30 a.m. to 9 :30 p.m. 2. Hoop structure shall be placed in installeratportitheof the right-of-way actually maintained by 3. Hoop structure shall not be placed on any public utility pole. 4. The central post supporting the hoop structure shall not line, closer than exceptionOoffantfrom the installationjacent where consentyhasnbeen line. with the exception obtained from the adjacent property owner. 5. Hoops idelofntheb trafficd lanehof thein ecrossistreet)ateet from the near s intersections. 6. No hoops shall be placed on through streets longer than one quarter (1/4) mile long, with the exception of streets that are not through streets. 7. Any exceptions requested or proposed by a potential hoop installer shall be reviewed by the Traffic Safety Commission. S. All players utilizing the hoops shall yield to the flow of traffic. Section 2. Abatement by the City. Ifa hoop withinstalled in violation of this Ordinance, the City may proceed summary abatement by having said hoop removed at the expense of the installer of the hoop. Section 3. Violation of this Ordinance shall constitute a public nuisance, and may be abated Section 4. Penalties. Violations of this Ordinance shall be considered a misdemeanor. Any person violating any provision of this Ordinance shall be subject to a fine not to exceed $250. 5/80 f` Ordinance Number 1405 Milwaukie Ordinances Section 5. Separate Violations. 1. Each day of a violation of a provision of this Ordinance constitutes a separate offense. 2. The abatement of a nuisance is not a penalty for violating this Ordinance. but.is an additional remedy. Imposition of a penalty does not relieve the person of the duty to abate the nuisance. Section 6. Severability. The sections and subsections of this Ordinance are severable. The invalidity of one section or subsection shall not affect the validity of the remaining sections or subsections. Read the first time this 18th day of September. 1978, and moved to second reading by ma3or�q vote of the City Council. Read the second time and adopted by the City Council this 2nd day of October. 1978. Signed by the Mayor this 2nd day of October. 1978. • le yo aya 77 ATTEST: Dorothy E. Farrell, ecor er APPROVED AS TO FO f� r Cty ttorney � Y 5/80 Y ' i (sl YJ 1) �LttL,n LtI+r+{ t t++ i� -P �r�i +. { ', NOTE: IF THIS MICROFILMED 6 - T $ s O _ .11 _ ......-12 DRAWING IS LESS CLEAR THAN t" THIS NOTICE, IT IS DUE TO Y THE QUALITY OF THE ORIGINAL DRAWING. .___... . os sz sz cz sz sz- oz ez zz az oz sr ei—ti--"si-yi -bi ee- -zf """if-" of s e --9_-s __ g __.z + r �n+CsNdNN�w+h+aLudtu��,+�IwM�n»hgi _: 1 Illl�lllVui I - fig 'ma 'PARCH 99 _ -- - _ _._ THE TIMES,Week of Decemb DONOVAN L MACK ANN BAKER MACS Edhode Poll Co-Publiahar rattar and Co-Publisher ON THIS PAGE,thetee Tl present our reeden with lih a a fullllystaNe �////��� DICK CLARK voicing our opinions on Intel,state em I. ¢®n Managing Editor to he talc and rnn a balance to publish lvt� O 0131NION we try to maintain o halenea of vlewa A 60 applicants,'camp times c.26,27 and 30,S. 30p.m.to �...�®®�S better out of streets M.,and Dec.28,.e p.a t_ - ithparticipants receive a T- Ith camp logo printed on the 'tore Information is available oath Bubalo after 6:30 p.m. City of Tigard officials are likely to be we pay taxes to build and maintain parks 1 _ )786 or Coach Love at 649• called a lot of nasty names if they start ac- with basketball courts,which are much safer tively enforcing their current ordinance that than streets.The city of Tigard has two parks camp is open to the first 60 prohibits basketball hoops and skateboard with basketball courts and 15 schools in the through ninth-graders who ramps in public right-of-ways. city have outside basketball hoops. .Campers will learn proper \ bunting, base running, After all, didn't these guys ever play The Tigard City*Council is waiting for a 9, fielding, pitching and hoops in the street or don't they have chil- legal opinion before deciding whether to en- ;techniques.They will learn dren who use skateboard ramps on street force or mod• its current rules.The deci- s for �Y' weight training methods corners? Sion will probably be made in early 1987. • camp atmosphere Isn't the They probably would say yes to both.It However,City Administrator Bob Jean thinks �- e cattle in and out the gate" will make biting the bullet that much harder the council doesn't have much of a choice Ither,instruction is as close if they order the hoops and ramps to be tak- based on other cities losing big bucks in law- none as possible.There is a en down and moved onto private property. suits involving hoops and skateboard ramps. - • taker for every tour partici- The city would Still be a target for a libability laking It likely that campers We wouldn't want to be in their shoes, suit, even if a property owner signed a ' �•' la from one - more proles• maybe Sneakers in this case, but the city waiver exempting the city from an r t layers or tap-notch coaches P• B ty Y ¢span- of times an hour. officials face little choice. sibility in case of an accident,Jean said.. s a pretty good ratio and it They are only responding to the fear and The city of Beaverton has similar con- Y makes baseball in De-ere reality that have rocked the entire country terns about the liability of basketball much more inviting.There tY hoops marantees from the campinvolving outrageous liability insurance and doesn't allow them on streets.Residents _ Ire no promises that the claims based on everyday activities.Our so- can erect them on cul-de-sacs and dead-end U turn a fifth-grader into a ciety has become afraid of its own shadow, streets if they gain a special permit from the mat prospect. But, then let alone a small basketball rim ready to city. ere's nothing from prevent- jump out from its curbside position and hit a player from working hard In making eday landing a spot in the passing motor home. g its decision,the council should NAY K/D, w nAY tv-3 ith the New York Mets. f011OW through With Several aCti0I1S t0 make We don't mean to make light of serious the best out of touchy situation. accidents that could be caused by basketball ' "aures hoops or skateboard ramps or the injuries First the council should inform all resi- v that could be sustained by children and dents of its stepped-up enforcement of the Mystery adults who use them while playing.in the ban $�er� ccandidate 1 in rebounding with six streets J mens added rive steals and It should also take steps to ensure the /�y i points against North Mar- However,kids and adults used to practice ordinance is enforced throughout the city, p� 3 common sense when involved with such rec- not just along certain streets.The city now among president's e Iuskies used a 28-10 advan. reational diversions.Children la es has 33 hoops on streets.They all should be the third period to break playing gam ordered down-If the city r w ask him I a what was a close game. watched for passing cars.Most parents didn't ty eally ants to re- By ANDY ROONEY how la w 'God will seek its first win allow hoops to be placed along busy streets. duce-its liability risk, it shouldn't look the The big see q un ,hen it hosts Yamhil:-Carl. Acd motorists were wary of the games.They other way on hoops that haven't prompted g gamein Washington now rhe ax or Bowmen play at North also were watchful to not drive close to curbs complaints by neighbors. is guessing who'll go next I have a Willia mystery candidate. central i aesdaY• where they may hit basketball rims. Until OtW°°D scAT"e recently,we never heard of many lawsuits The city should also include new hoops— Look at the list of possibles: sneaky s R11-Dees whether on full or half courts — in new The president It seems highly much bu ,DD(6II–Owens,,,ins n ,,,, stemming from accidents caused by hoops unlikely that he would resin or be knows. ae,Z GMlen d K�eins uner 6, ! parks and renovation projects at existing g .ntreros Z H.I.,,rou,aler 2 t+ and Skateboard ramps. forced out of office because of re- Casey osE(e1i -smith IB,a«xas,, community parks.Attractive playgrounds,in- cent events even though he's obvi- Securities Now, basketball hoops and skateboard eluding areas for skateboards,will lessen the ously uncomfortable with them. sion,a jol •••••.•.I9 n,o u- ramps are called attractive nuisances.Cities temptation to play in streets. Donald Regan.The'ob of being most eth •..Is 27 Is„_ ei that allow them in right-of-ways and property chief of staff is vague.Regan does a business. rR euRioR at sRERWOOD The city should also work with the Tigard f of nose Tuesday.Der-9 owners who have them in front of their �t g lot of everything for the president that-lace 6altlou(74) –KIM Pea ,I6, homes face substantial liability in cases of School District to see if more open gym He's his close adviser and executor ters from i ee x nGrtenq : ; accidents.The same I=ability doesn't apply to times can be scheduled at school district fa- and he makes a lot of presidential decisions without telling the presi- Now, 'a`Z neighborhood football and baseball games cilities. being fir oD(32) -Owens,6.Ross Io, i dent The president likes it that way. g ;Mlen e,Kpemtwer a nweoer 2, played in the Streets. advisers, Grown Z con'a'a6 Z tyke Z The Tigard Basketball Association could Being chief of staff is a relatively the pres ....,1 a 2s Ia– „ If you reap think about it though,the also be promoted more b the city a es- new White House position.Whoever the trout .....•..u u Io,6_ 12 ( Y g p Y ty g has it almost always offends cabinet letting th m streets aren't for basketball games;they are ture to show the city isn't against basketball. members and eventually gets him- ¢ for motor vehicles and bicycles.Driving can self in such serious trouble that he this use en o®P tests be tough enough without more distractions in The city will will likely be a unpopular has to resign. Nancy the streets. player in this upcoming battle.Hopefully,it rt looks as though Regan is in This one ,e host515-s m me anal engin - will be viewed as a parent who makes tough serious trouble. ate such ,yea away with a 34_28 non- It is nice to have children playing In front decisions now that are appreciated-a few George Shultz The secretary or and on our game until the fourth of homes under parents'watchful eyes,but years later. state stayed clear of all the people world we aid Sherwood head coach who made the wrong decisions dent's do about the arms sale to Iran.That I,whose team hit only three Firing oat attempts in that period. 1 ¢ doesn't mean the president loves vorce.0' hoot for the season like we LETTE S Times reviews letter policy him more. You know'how your They ter irst two games,we'll be in friends hate you when you're right spend we men Will meet those same The Times welcomes letters from readers . any and all topics. and they're wrong. agreed U r next two outings:traveling Thanks t® all Send them Lo Letters,Times Publications,P.O.Box 370,Beaverton Schultz has more experience in advice 97675. these matters than the others.He Nancy gi cion Thursday,Dec.11 and arlton Monday,Dec.15. I would like to thank all the peo- offered to quit the Nixon admints• anyone,i CTR MARION at SHERWDOD ple who helped me with my cam- Letters should be printed or typed and must contain your sign- tration when he was secretary of one who: Thursday.Dec 4 paign for Metro executive. ture,address and a telephone number where you can be reached the treasury in 1973.Out of loyalty Nancl AMOK an -mown I,,Pitman IC was a difficult race in a lar a between 9 a.m.and 5 p.m.weekdays.This will ensure your letter is to the.president,he stayed on and president an.�u,gwo-m>,Sanros,Olson, area,and it was the help of the vol- published quickly. administered the wage and price they wer unteers who made my victory possi- controls program which he didn't got In bel n 4 —Luras I e Lanper a Normally we print the writer's name and address. like. (n when Y�w,moms,eeoem6. ble. I want you to know that I g sincerely appreciate each of you for No more than one letter all know Y per calendar month ordinarily will be Caspar Weinberger, the secs o advice ct ••'•' e i i s—ie the many hours you spent stuffing accepted from the same writer.Letters that exceed 300 words either tart or defense, doesn't seem to tl1-GRLTON of SMERWOOD envelopes,painting signs,dlstribut• will be condensed by the editors or returned to the writers.Letters have bad much to do with the arms Ntmc3 mooday,Doc° Ing leaflets and all the other work will also be edited for libel,invasion of privacy and poor taste. sale to Iran when you consider that attractiv( ARLTOu (u) — wase 1Z that goes hand in hand with a cam. arms are supposed to be his bust- but she r I-Z ate°Allen.el Z X0A• at ness, dent b P gn• 'Readers have the option of submitting a guest column,called Y tel —/aware 9,LIMS 7, RENA CUSMA "Soapbox"which generally is limited to 600 words.Writers interest- Weinberger is probably the least- first lady ed in Soa boxes should call the Times mann,n editor. 8 P y wait for t c Dwo„Z wnlnolte Z P.O.Box 789 P g•g liked,personally,of all the princl- on.••.. 9 6 ,Is-M Portland pals.Barry Goldwater said,"If you T ...... 6 7 7 6-29 Pe, n.... ����.:. �•;'w.r-^�--...�...- -^-_->,—._-.,�...•-- _�.__�-.,-_ - ,,.,�,, ^,�;q �a ,:T.".�a.�^�k, M�:7S t» �...�.... ..gnT:hXzs,-.>.w•Wm - .,^,. .—.:...�--- ' �m(ttijlrlfrjr1911�0�1�I rlili�Ilt1"ITC'1�IIt�IIC�{.l�tilj111lllr�ll11.11°ftl'illtl°1°Ill�ltl'Ilt,lll(111IIIt�tlllttllFH - ,, ,. NOTE: IF THIS MICROFILMED I - - 2 �� 3 4 -- _ 5 6 7 8 9 0 11 12 DRAWING IS LESS CLEAR THAN - THIS NOTUAL1ry IT IS DUE TO .. __.__._._.._. -.. iF rv� ke. DRAWING.' THE yvALI fY OF THE ORIGINAL II 0r¢. B2 6z LZ 9t SZ- 4Z C? ZZ IZ OZ 61 91 LI 91 SI" 4i el Z1 i1 01 6 6 [ 9 ,. IS --it g g I T gII1Nldiulhlullu161NItBtbnl6tl �nitl� q) .. 1111 Lj lull _1 711, 1 X MA" CH90 a w 3 For � ho�o See Lc)unc ,il Filin g 'L4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 19, 1987 DATE SUBMITTED: January 11, 1987 ISSUE/AGENDA TITLE: Workshop Disc. PREVIOUS ACTION: Council Requested Court/Records/Phones Review Of Court Records 6 Phone System PREPARED BY: Loreen Wilson DEPT HEAD OK CITY ADMIN OK REQUESTED BY: City Council POLICY ISSUE What direction does Council wish to give, at this time, in the areas of Court, Records, and Phones? INFORMATION SUMMARY During the last few months, there has been a growing concern regarding the Court, Records, and Phone systems for Tigard. Pursuant to the Council's request, staff has developed information in each area that will outline the concerns and needs in these three areas. The attached exhibit (01) is a copy of the 11/5/86 report presented to Council at an earlier meeting which highlights the history and concerns in the Court and Records .sections. The following is additional information to assist Council in reviewing major areas of concern prior to the workshop on January 19, 1987. Exhibit 02 — Court Status Report — dated 1/12/87 Exhibit N3 — Records Status Report — dated 1/12/87 Exhibit N4 — Phone System Status Report — dated 1/12/87 mow. Staff is aware that this agenda packet is fairly lengthy, but the issues discussed are not the type which can be adequately understood without some ,< fairly detailed information. ALTERNATIVES CONSIDERED 1. Give Staff direction in each of the three areas. 2. Receive the reports and request additional information. 3. Take no action at this time. FISCAL IMPACT 1-. Dependant upon-Council's direction. 2. Staff research"time is the "soft dollar" expended under this option. 3. No "hard dollars" spent now, however, the continued increase of the caseload, records created and stored, and phone challenges will mean more cost to resolve in the future. SUGGESTED ACTION Staff waits further direction from Council. lw/4498A MEMORANDUM CITY OF TIGARD. OREGON TO: Honorable Mayor and Council November 5, 1986 FROM: Eoreen Wilson )U-0 SUBJECT, Records & Court Needs RECORDS NEEDS Per Council request, staff has developed information regarding the needs in the records area, specifically in addressing development of an adequate information/records management program for the City. Attached (item W1) you will find a memorandum from the Records Management Committee which identifies their assessment of the program needs and concerns. They make the recommendation that Council develop an aggressive approach to records management as soon as possible to protect and preserve the accuracy of the official City record. Attached are copies of proposed work programs for the Records Section. The first work program (item 112) shows the anticipated timeline to accomplish the program implementation with one employee with implementation of micrographics by 1990. The next two sheets (items 03 & 04) indicate the timeline for the same program with the existing employee and the addition of a Records/Court Manager and a File Clerk (OAI) with implementation of micrographics by FY 87-88. In looking at the concern with record retrieval ability and the actual preservation of the City record. I recommend staffing this area immediately. t Attached are also copies of the records room before the relocation (item 015), and the vault and records room at the Civic Center (item 116). East but not least, a copy of the Council files which shows the amount of record we create today versus 20 years ago (item N7) . It should be noted that with a Records/Court Manager, only one quarter of this position would be working in the Records area during most of 1987. The records tasks during this time are mainly labor intensive sorting of records and identifying record series with departmental staff. Near the end of 1987, .the Records/Court Manager would spend approximately one half of the time in records and would be very active in the development of the procedures/policy manual and micrographics study and implementation. COURT NEEDS Since the Municipal Court function came under the management of Support Services (7/1/84), the major focus has been to streamline the process and become as cost effective as possible. Revenues have increased dramatically due to revised bail and fine schedules with a streamlined approach to processing the caseload. However, it should be noted that with a constantly increasing caseload anticipated revenues are tracking lower this year than they should. This is mainly due to the lack of staff time to take aggressive steps in collections. The following list notes revenue/FTE, caseload/FTE, and average collection/case over the last three years. PAGE 1 • � �xh�b�� 'ter MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council December 5, 1986 FROM: Records Management Committee Alice Carrick, Police Department Bill Quillard, Records Clerk GeorgeAnne Miller, Library Loreen Wilson, Comm. Services Liz Newton, Community Development SUBJECT: City Records Concerns RECORDS HISTORY IN THE CITY OF TIGARD The City's records has been a growing concern of staff for a number of years. As the City grows more 'official record' is created. Micrographics was budgeted in 1974 and identified as a need to keep up with the records growth in the City. However, a micrographics study was not begun due to workload constraints. The City kept up with daily central file filing heeds over the next 9 years by using various office staff members as they were available. In 1978, the City Recorder spent almost two months to perform a major purge of the records to create additional file space. In the fiscal year 1983-84, the City hired a Records/Court Manager to begin addressing the on-going records needs. This position was eliminated with some staff changes and the City Recorder has acted as the Records/Court Manager since that date. On 7-1-85 the City hired a Records Clerk and in November of 1985 used a temporary full-time office aide to assist with the records process. t The Records Management Committee was formed in the fiscal year 83-84. The task assigned was to develop an Information/Records Management System for the City. Since the Committee is comprised of staff members from each department, the task has been easier to monitor. INFORMATION/RECORDS MANAGEMENT PROGRAM DEVELOPMENT STEPS As approved by the Executive Staff in December of 1985, the records process priorities have basically remained the same for the past year. Between 1/86 d 6/86 of this year, -however, the °majority of time was spent coordinating the relocation and reshelving of City records. The following steps were adopted by the Committee for development of the Information/Records Management Program In order to properly address the records needs in a logical and sequential process. It is the opinion of the Committee that to follow this procedure will be the most cost effective way to implement a comprehensive records program which can serve the City for a number of years to come. Records System Design/Development Priorities: A. Record Survey - This step entails sample records lists sent to City divisions to assist them in identifying their records. This step is basically finished, although more input is needed from Engineering and the Police Department. PAGE 1 AVERAGE COLLECTION FY FTE REV CASELOAD/FTE PER CASE 97 84-85 1.5 $ 88,995 $34.33 85-86 1.5 109,389 3186 86-87 1.5 99,476 3240 $30.70 The court desk was in the process of being streamlined in 84-85 and the average collection per case was down. In 85-86, the court operation was fairly streamlined and operating in a very cost effective mode. Since the this spring and summer and a compounding backlog was developed during the move effect of inadequate staffing, the slight increase in caseload has brought the court collections almost back to the starting point in 1984-85. Since the 86-87 figures are based on 10/31/86 data, I do anticipate the collections will continue to drop more than indicated in the above figures with existing staffing level. In the last three months the uncollected fine amounts have tracked as follows: September, 1986 $ 8,858.63 October, 1986 $ 9,641.88 November, 1986 $11,001.54 This is a 207E per month -igcrease of the uncollected fines. If this trend continues at a rate of 20% each month then-total of outstanding fines will be $39,420.50 by the end of this fiscal year. Staffing Request: Municipal Court currently shows 2 FTE in the 86-87 budget. It is important to remember that .5 FTE has been serving as the Information/Cashier person for city-wide support. As the following chart indicates, Municipal Court can be cost effective if staffed appropriately. TOTAL TOTAL NET FISCAL YEAR REVENUE EXPENDITURES REVENUE RECEIVED 1981-82 $ 57,342 $ 23,694 $ 33,648 1982-83 55,650 25,156 30,494 1983-84 62,230 38,066 24,164 1984-85 133,492 64,132 69,360 1985-86 167,083 56,995 110,088 1986-87 146,000 54,850 91,150 The Records/Court Manager position would cost $12,000 for this fiscal year. Staff should be able to increase the total revenue amount to at least $155,000 to $160,000 with the new Records/Court Manager position and also assist with the major court study which was outlined in your packet of 12/15/86 by Legal Counsel's office. With the manager spending three fourths of the time in Court during 1987, the court study should be able to be _ accomplished in a timely fashion. Revenue $ 165,000 Highlighted area on graph 160,000 indicates increase of revenue, 155,000 over anticipated with hire 150,000 r of Records/Court Manager 145,000 A 0,000 135,000 PAGE 2 130,000 84-85 85--$6 86 87 B. Record Inventory - This step requires identifying every record of the City by name, description and size of record. The record's purpose, rate of usage, and suggested retention is also identified. (See attached form ( which the State Archivist requires.) We are presently in the process of completing the Community Services' inventory. Community Development, Administration, Library, Police Department, and Municipal Court records will follow. The adopted order of implementation was based on the following issues: o Records storage space needs. (Community Services and Community Development had the least amount of storage and floor space and created the largest volume of records per year). o Commitment of time by the Department to assist in the detail-oriented inventory form creation. C. Classification System/Retention Schedule - This is the record program's most important document. From it, legal opinions about records can be obtained as well as administrative, fiscal, operational, research and archival considerations. The schedule will help in determining a range of issues in information/records management program procedures. These include correspondence filing needs, forms management, new or improved filing systems, records center storage needs, microfilming, and vital records retention to name a few. The Committee is currently developing a- functional filing system (versus a departmentalized file system) which will be alpha--numeric and color-coded. D. Convert Files to Letter-Size, Side-Tab Folders - Once Executive Staff has approved the classification system, we will be able to convert the folders from drawer filing software to shelf filing software. This will not only increase file inches in the vault and records room, but will also t improve filing and retrieval time. A, E. Revise Destruction Ordinance - After a retention schedule is approved by Executive Staff, it is required by the ORS to be referred to the State Archivist for approval. After this step, the Council will be asked to revise the records destruction ordinance accordingly, allowing for more efficient records control and space utilization. F. Develop Policy & Procedures Manual - Once a Classification System/ Retention Schedule is in place, the Records Staff will be able to develop the City-wide policy and procedures manual. This will be reviewed by the Records Committee and will not only include the retention schedule, but will also contain procedures dealing with processing records from initiation of the record through archival retention and micrographics. This will keep the City's on-going records efforts uniform and as cost- effective as possible. G. Micrographics Cost Study - For the City to have the best possible micrographics policies and procedures, an in-depth cost study is needed. This will not only look at the issue of an in-house operation versus utilization of a service bureau, but will also answer questions such as: Should everything over a certain retention period be microfilmed? What format of micrographics should be used for each record? What equipment is needed? From this study a micrographics program could be initiated cost- i Y effectively on a City-wide basis. PAGE 2 H. Create Other Program Elements - These elements can be added to the policy & procedure manual. They include forms management, computer Irinformation management, reprographics management, historical records program, and mailroom management to name a few. STORAGE NEEDS ASSESSMENT While assessing the utilization of space in the Civic Center for storage of records, supplies, and surplus materials we encountered several potential problems: A. The Central Records Room is nearly filled to capacity. The normal records path is: creation of record in work area; file moved to records room while accessed regularly; file moved to vault until destroyed. The vault and record rooms are anticipated to be filled to capacity by July 1, 1987. Although many records will be able to be destroyed once a retention schedule and microfilming program is implemented, with the continuing annual growth in the amount of records created results in a greater need for central storage space. B. On-Site Storage Rooms: surplus materials and auction items are taking up valuable on-site space. C. The Office Supply Room is also an area of concern. Commercial and industrial building plans, which are a permanent record, are being stored in the Supply Room. This is deemed inappropriate for two reasons; (1) the area is needed for office supplies; and (2) the plans are old enough that the record is becoming unsalvagable. Due to their size, there is no room for them in the records room or vault. It is anticipated that eventually they will be microfilmed (but a short term solution is needed). If these storage items were removed from the Supply Room, staff could place larger quantities of computer paper and copy paper. This would enable the City to realize a cost savings with bulk purchases. D. Reference books and material are taking up valuable office space. There are also about 10 boxes of Planning Division reference materials in the Town Hall' Storage Room. We suggest each department be encouraged to review the reference material being kept in the work area. If this material is used less than once a month it may be appropriate to transfer this to the Library's Local Government Reference Section. It may be impossible for the Library to process this material at this time, however, the Records Staff would be happy to relocate this material to an interim storage area until the Library can process. Several storage options were studied. The following recommendations are offered for your approval: A. TOWN HALL STORAGE AREA - Downstairs should be used to store Town Hall furnishings only. The attic area should be used for storage of rarely-accessed records, or records being processed for destruction, and the Building Plans. This will free up some space in the records room, vault, and supply room. C PAGE 3 B. CENTRAL RECORDS ROOM - Convert the room to a mobile system. Spacesaver originally successful bid the shelf-filing system in the vault and records room. They have offered a quote using the same pro- rated pricing as in November of 1985. For $7300 the City could maximize the file space in the records room. C. JANITOR STORAGE ROOM - This room should remain free of storage. The purpose of the room is to storage janitorial items and to have lockers available to office staff and inspectors. D. OFF--SITE STORAGE - After looking at the price of converting the Public Works Shop area (i.e. clarifier building-unable to be used; cement block building-reroofing at $2804; installing a pole building $3000+- depending upon the size of the building) the committee recommended staff use the two rooms at the rear of the City building on Main Street where the Chamber of Commerce is located. The Chamber isn't leasing these two rooms. The rooms are accessible from the back of the building, therefore not disturbing any building user. Best of all this option would not cost the City any money to utilize the area. The Committee recommends using these rooms for storage of surplus and auction materials. This would yellow efficient use of the storage, janitor, and supply areas in the Civic Center building. The committee has not discussed this option with the Chamber of Commerce. The City Administrator has indicated his office will be making this contact. AGGRESSIVE PROGRAM NEEDED In addition to the tasks identified within the Infgrmation/Records Management Program portion of this memo, approximately one-h;ilf of the Record Clerk's time is spent on tasks which remain virtually constant. These include daily file preparation and information retrieval, destruction of records, staff meetings, training personnel, word processing and correspondence, meeting room set-up/tear-down and court bailiff duties. Also, there is the on-going process of converting and reorganizing existing records in the vault and records roam and vital records index creation which is all very detailed work and time consumirig. With ttie Records Section Providing support City-wide we would encourage cit Cca�ncil to consider' options that would allow an aggressive iswlementation of tho information Records Management System. We recognize the City's need for an effective information management program and stand ready to assist in this process. lw/4413A PAGE 4. STATE 6F OREGON saaRSTAnY or sTAsc RECORDS INVENTORY SHEET ARc"wam DIVtatON STK AOLNCY wteQltO{ Kwlp NO. � ANO WOp11tiNON Ow OIIICt rY OF TIGARD, FINANCIAL, SERVICES "w"NUNKw.11 ANr . ,It Ies�pte 0"494 LASH DISRURSEMBNT LEDGER (J.E•, RECEIPTS AND EXPENDITURES LEDGER) moz NI" ;ANO um M mseowo Ct1Nt0: JOEL MRM RECEIPTS AND EXPENDITURES LEDGER FY 1959/6 - FY 19 1 Ledger containing hand-written entries of journal entries, revenues, and disbursements.fund number, r disbursements it and account dist ibutint onins check number,of amount due. Maintainede of echronologically ndor, date, uin of check, 12" X 18" vinyl-guard binders. CASH 3RSZMZMT LEDGER FY l - PRESENT Weekly computer-generated report listing disbursements, excluding Includes amount of check, name of vendor, due date, invoice number, payroll, by check number. and Fuad number. Maintained chronologically is check number order by fiscal Together l�t3th the data binders. Used to provide a detail listing of accounts payable checks. Payroll Check Register, this record forms a register of all cit p N AN mmm K"a"„�eY1N,0, O[Kw10t N►Tow"t faru u►"N KKwNswt, suauliK No, although all information except invoice and fund numbers can be found on Check Copies, Accounts payable (2 years) and all information except check number is contained in Purchases By Vendor Report (3 years). Haou`c q N ,Iewsstrto wsssNrlo+1 •iMi IwACT1ei .tained by fiscal year in the Accounting Offic 12 years. Retain latest fiscal year in the until completion of the audit. Transferred to Accouauditf,ttrang nsferctouthe RecordstCenter.ion of the the Records Canter. ENTORY 141 111 111 /f1 yOWNt wATt M K /tLttNl Aw11ANetMINT A , f Chronological Lecounting Office 7/86-Present Chronological Records Vault, Cash PY1983/84-VY1985/86 .75 cu.ft. Disburseseat Ledger Chronological Records Vxult,' J.E., FY1959/68-FY1980/81 3.5 cu.ft. Receiptsbg:penditures MISSING: CASH DISE BMENT LEDGES. (FY198 /82 - FY 1982/83) OTHER TERMS; Check R Later, Accounts Pa ble C--, 0TZ: J.B., RECEI AND EXPENDITURES ER IS ALSO ID IFIED WITH H RECEIPT MONTHLY T AND AS A REC SERIES IH jOURMAI BNTRIES BECAUSE 3F THE SECTION DEALING WITH THOSE RECORDS WHICH ARB IN DO IN THIS LEDGER. 5-7 ,{ri a"4Nr MI MPIfRwO 084"IMM/4w MCft wiOMO pMM.7NtM 7tMf rw pllt4. 4110111,14040 01101 T4 fNt AAtNt�4 wase AavowwwN '%wq Vgrws,t�.i 4CitAN1.0 N`Yt44M44 1 1 i i t t 1 1 ! A H W 1 1 1 t A z w b!-� i 1 L t 1 1 U E+ O LO `KLIt 1 C40: W t� 1 t 1 t 1 t a c v t 1 t 1 t w o oG all t 1 1 'yl H o► � i i " ,1 1 1 t to j ! 1 t 1 CU " H W ! 1 1 H 4 1 Aaao. 1 a «a H63 " i i M P4O 1 1 1 w >aw :cR oa. 1 i i l G� i t 1 ol: 1 4 E-4d W la-/ � H 0% A ►Z-Ia 1 1 H " t O ! 1 1 W u U 1 1 E+ W H tn W p H Ha > co i ± ! 1 aau co ! 1 d Cr t ! 1 ! vs 1 i c>4nwa 1 1 oar NO ! E.I E•/ W mo 1 1 ! uv) E• z O V ! ! 1 N O ►•+ ?+ N 1 " 1 raSOH 0cr.0 ? r �� i 1 1"5 0077 1 1 U ?I V U to N N ! ! >4 -W W W ! j pt Hfl-1 O► 1 xa i ! 2. z sW sc 00 i > zHDI > V N ~ OZ . 94D N O W V � N o A ..3aw aw x wQaw z> ►-1 y}a�{ � x gi T �1 14 o z :cc z aOCV EN4� a tV H7+ wH �y ,., j a cj 94 0 FI • � �Ci C�'1 I'Y!f YI—� � �V H � a W H A N 2 a0 OU oU N H * u j _H OO En a > H • ax W U cj ca zw O C•+ ac E-4 E-4 :» < H 1 N ` > w H � H H W H tX t W U H AwH z � a g a H u � a - I a • x "4 } � ztj N 00 .-� 0 a ti ca 0. w W H (q Q � Qr - a .S f � T T � ! r .r .t x L f i 1 f , ff 1 _ • • Y Y • • ,r IJf.1 r / y i . 00- a 1 :, � a(;1 ;rte• Y fLi - S- v , 4jf� -7 Mr,-&,61 r,-&,61 d, } _ E s t COUNCIL FILE INFOR14ATION IN RECORDS ROOM To help visualize the amount of 'official record' being created today, note that' the bottom shelf ' in.this bookcase contains ALL council information from 1962 through 16 years worth-of information in 4 feet of file space. Today, one four foot shelf is filled with 1965 informaatiob. Another four. foot shelf is filled with 1986 information,. r �a �� f -__: bio MEMORANDUM CITY OF TIGARD, OREGON TO; Honorable Mayor and City Council January 12, 1987 FROM: Loreen Wilson, Recorder/Court Administrator SUBJECT; Tigard Municipal Court Status Report Based on the last discussion with Council regarding Municipal Court, our major focus has been increasing the amount of successfully collected finestoi a timely fashion (30 — 90 days after sentencing). We are running up it should be noted that this is not an uncollected in some areas. However, uncommon problem in the court arena. Eugene elyunicipa Court uncollected with(the largest time Court in the State) is running app collectors on staff. To begin addressing this concern, the Council authorized staff to hire a Court/Records Manager. The filling of this new position will, over the next few months, greatly impact the Municipal Court function with the major task being to learn the City's court process and address the uncollected fine challenge. For Council's information, theassessment center for s anticipated that this thisposipcositiln will be held by the and of January. be filled by the 20th of February. In the past year there have been a number of issues that have impacted the Court system and caused backlogs. o Relocation to the new City Hall was one of the most difficult for three challenges faced over the last year. Temporary court offices were set up ut of months before the Court Counter area skas andpPhoomletee anon eaf ourtkwasomoved t cardboard boxes while sharing one into their new office area, the "Cashier and Public Information" function was transferred to that counter. Noise levels in the new lobby have proven to be disruptive to the point that handling routine phone inquiries has taken four or five times longer than in the old location. o The existing computer system (Wang DP) is extremely slow in processing the case work and is usually usede requith ire toach a15 minutes ll dto Callat e One ucitation There are times when it will q up on the screen. Even though this system is slow, it was sorely missed after the mov created hen Cau large ort wasbacklog of datae entry eand systemfor oreports. unable to accss months. That Dockets were being typed by hand during that time. ppr�E; I would like to note here thatclerks were though the court working out of cardboard boxes, with only one phone and desk, and no files lost nor cascomputer for three months, there were no am reallpr proud of the efforts of the dissed ue mstaff and to a court error! I y want to recognize them for a job well done! o A fairly frequent turnover in Court personnel over the last three years, due to illness and temporary employment, has required considerable time be spent in training. Every court has different rules, judge's orders, and caseload so that even well—trained personnel from methods for handling the other courts would require rather intense training. The ongoing use of h temporary office aides to assist with routine form letters, filing, and computer data entry has been helpful but again quite training intensive. This causes a definate decline in court productively. o While the court caseload grew only 4% last year, new state laws and court decisions have required massive revisions to the forms and process used. While implementation of these new procedures has been very time consuming, it will help limit our exposure to possible litigation in the future. My office is currently working with Legal Counsel's office to study various options for increasing the collections through court. There should be more information available by the 1/19/87 meeting. It is important to update the uncollected fines information since the last report. This continues to grow at more than 20% per month as indicated below. DRCOUMCM R8Y®0& l�iRICIPAL COURT - SMT. TO DEC. 1986 $13.200 $13,000 312,800 $12,600 $12,400 $12,200 $12,000 $11,800 - $11,600 $11,400 $11,000 $10,8oa $10,600 $10,400 $10,200 $10,000 $ 9.800 $ 9.600 ,. $ 9.400 $ 9.200 $ 9,000 $ 8,800 *This figure, as all other precious vonthly figures, does not include the transfer of uncollected aoounts to bench warrants. For ezarple. $5.2oo has been transferred in Deembsr to the bench warrant file and 4 still remins uncollected. . Staff has been working many hoursseveral methods to each week in developing increase collections and productivity in the court area. Some of the alternatives and methods considered and implemented are: o Hiring of a Court/Records Manager. This individual will be able to focus on the Court Section needs edfirst hat is Section thearea arehere more labor management attention is nee (RecordsThe work in collections will be on a intenstive for the next year or so). and monthly regular and intensive basis. The newly initiated bi-monthly contact and follow-up with defendants has seemed to be effective. This is very time consuming and involvesspending end gulmreview of on each the file, e, pre with paratthe of forms and/or letters, P defendant and attorney. The manager will be able to visit other courts to review their collection process and study the options °ad in--house contempt of ecou t charges) versusction meths (i.e. use Of using visa cards, small claims court, and an out-of-house collection agency. Staff is currently working under a more defendants of payments due and past due, aggressive time line to remind with hearings scheduled before the judge to show cause why a warrant or has just 'contempt of court' charge should not be enforced. A new process been implemented with the 'minor i 6pos9emonths been which is hoped to show positive results in the o Penalty options are forthcoming from Legal Counsel suggesting further means of collection. The court cuntly but uses theseh are not suspension enough basedrivonethe license or issuance of warrants, current uncollected fines picture for Tigard. The Chief of Police is also aware of the Court's concern in the fine collection area and has proposed a "one time amnesty" program as outlined in his attached letter (N2a) . o Parking citation payments are uninforceable at this time. The City cannot suspend a license or issue warrants for this since wasissued.e is o proof who Towing of was driving the vehicle at the time the parking cite the vehicle is an option, but very expensive. While $2000-$3000 a year is not a staggering amount, it does not begin to show the amount of "soft dollar" (i.e. personnel time) spent to issue the cite an of process through court. To date, other jurisdictions are finding the u most effective, however, the City doesn't own any to date. A "boot" is attached to the tire of the vehicle and until payment is received the vehicle cannot be moved. u Establishing a Community Development cashier desk is being implemented. This will allow any initiated ia ed retenue to ipttwrite wreceipts y for thedallrtother The Court personnel i11 departments and any payments received by mail. o Establishment of an Information Desk in the front lobby has been discussed. This is not being implemented at this time, but would eliminate ion perneeach work day for both the Court two or three hours of interrupt nt rruperaonl and Community Development o There is a need for data-entry for the new Burroughs DP system. The / existing caseload is between 4,000 and 5,000 cases. Each case will require t_ complete case file history input. The court program is currently being useofcur thperson�nelesanditemporaryn office baid s ldoes notwseem� cost effective, however, this need was not addressed in preparing this year's budget. I am now looking at existing funding to find a way to address this issue. o The need for a major court study, as outlined in Legal Counsel's report (attachment #2b) is necessary and timely. This will be assigned to the new Court/Records Manager after an initial training period is allowed. The possible impact of the annexation of Washington Square is not able to be quantified at this time. In researching case load 'information through law enforcement agencies and court systems, it still remains a possible 'sleeping giant' . Court staff is working diligently to resolve existing concerns so that, upon annexation, Washington Square's case load can be assimilated as quickly and professionally as possible. o Tigard currently has one judge (Anthony Pelay) and one pro-tem judge (Ken Bourne). We will need to address obtaining the services of other pro-tem judges soon. Staff is in the process of developing a letter to send to interested applicants. The applicants will be asked to outline their general qualifications and submit a brief explanation of why they would like to serve in the capacity of pro-tem judge for Tigard. This information will be discussed further in Executive Session with the Council in the near future and prior to the advertisement or mailing. Court staff continues to look for ways to more efficiently serve the public while addressing the concerns raised by the Court (Judge Pelay), Legal Counsel, City Staff, and the Council. We appreciate, and share, your ongoing concern with the area of service court offers. lw/4499A EKk MEMORANDUM CITY OF TIGARD, OREGON TO: City Administrator December 29, 1986 FROM: Chief Lehr SUBJECT: Municipal Court Uncollected Fine Assessments I have been reviewing Larsen's memo of 10/21/86, regarding uncollected court assessed fine money. She points out the difficulty in issuing warrants for contempt of court as it relates to unavailability of jail space. I am also reluctant to see issuance of warrants as it would place an untenable burden on the P.D. to attempt service on the warrants. • I do have an idea that might encourage scofflaws to pay their fines. I'm proposing that letters be sent to each individual owing fine money, announcing a one time amnesty if payment is received by a date certain. There should be some accompanying media publicity. The I.R.S. and several State counterparts have used successfully the amnesty approach to collect back taxes. I'm sure that many people will choose to ignore the amnesty, but enough may choose to pay to make the effort worthwhile. (DL:cn/O31OW) cc: Larsen Wilson, City Recorder Tim Ramis, City Attorney Anthony Pelay, Judge w Nn w,c • �c I b14 O'DONNELL. RAMIS. ELLIOTT & CREW ATTORNEYS AT LAW 1727 N W. HOYT STREET PORTLAND. OREGON 97209 (503) 222-4402 DATE November 19, 1936 TO Tigard City Council FROM City Attorney's Office RE Tigard Municipal Court -- Comprehensive Court Study Page 1 The City Council has asked our office to identify issues we would recommend having made part of the comprehensive municipal court study. We are pleased to accommodate this request. Bac round In April 1966 the municipal court moved from its old location at the Tigard Church to its present location in the civic center. Since the move, we have observed a subtle, yet noticeable change. Court decorum is more formal . Defendants and attorneys appear more respectful of the proceedings. In addition, the municipal court now conducts ,fury trials on a more frequent basis. The backlog of cases which predated our role as prosecutors has been cleared up. These factors help form the backdrop for a comprehensive court review. With this in mind, we offer the ` following suggestions: Profile of_Existino Court We recommend that the study begin with a complete profile of the existing court. This profile would include information on the following: ' 1. The monthly average number of infraction and misdemeanor arrests made by Tigard police; 2. The monthly average number of infraction and misdemeanor arrests which do not ripen into formal charges, or which are dismissed prior to trial ; 3. The monthly average number of cases, categorized by charge, cited into municipal court; 4. The monthly average number of misdemeanor cases, categorized by charge, cited by Tigard police into Washington County Court; 5. The average sentence, categorized by charge, imposed after plea or conviction in municipal court; O'DONNELL. RAMIS. ELLIOTT 8: CREW ATTORNEYS AT LAW 1727 N W HOYT STREET PORTLAND. OREGON 97209 15031 222-4402 DATE November 19, 1986 To Tigard City Council FROM City Attorney's office RE Tigard Municipal Court -- comprehensive Court Study Page 2 6. The average sentence, categorized by charge, imposed after plea or conviction in Washington County District Court; i Z . The average monthly hours assigned to municipal court duties by the judge, prosecutor, supervising city administrator, court clerk, assistant clerk, bailiff , z other support staff ; 8. The average cost of processing cases categorized by final k disposition: dismissal; civil onlycomp; community court trial ; jury trial; fine only; Y jail term; probation; other sentences. Based on this profile of the existing court, we believe the City can gag e with particularity the cost and impact of the present t Municipal Court. 1 As part of this profile , we recommend comparing similar data from r om other municipal courts (e.g. , Beaverton, In this manner, the City will be able to determine current efficiencies and inefficiencies Cityillbein ableTtoard determinephowal Cefficient or Additionally, the City inefficient other jurisdictions are in light of their differing case loads. Court Policy We recommend the following policies be reviewed: 1 . Range of crimes cited into Municipal Court -- Municipal court currently prosecutes infractions and a limited , court range of misdemeanors. mentioned above will gi Veba isting sXpecific breakdownfofethose crimes which are brought into municipal court and those which are referred to Washington County. This profile will also give a breakdown of those crimes which are t within the jurisdiction of other municipal courts. Such 1 asis for reviewing the information will help form a b range of crimes cited into municipal court. i i �t O'DONNELL. RAMIS. ELLIOTT & CREW ATTORNEYS AT LAW 1727 N.W_ HOYT STREET PORTLAND. OREGON 97209 15031 222.4402 DATE November 19, 1986 TO Tigard City Council i FROM City Attorney's Office RE Tigard Municipal Court - Comprehensive Court Study Page 3 We recommend that the full range of cases over which the court may have jurisdiction be reviewed to identify which, if any, other crimes should be cited into ecommend that the City review the municipal court. We r following options, among others: (a) Dispense with municipal court and refer all cases to Tigard Justice Court and/or Washington County District Court; (b) Retain municipal court but narrow the range j of cases heard from present levels; (c) Maintain the municipal court at current levels; (d) Expand the range of cases cited into municipal court. To facilitate this review, we recommend the following considerations be evaluated: (a) The fiscal impact of closing or restricting the jurisdiction of the municipal court; (b) Whether the City envisions providing a F municipal court as part of its service to the citizens; (c) The additional cost intimeDavdlmin�ytotheyadding a criminal category (e•g municipal court docket; r (d) An evaluation of whether fines from specific crimes would offset additional costs; (e) The impact of certain criminal categories on the need for more frequent jail terms (and the added cost therefor) , and other administrative overhead such as cpm :unity service supervision and bench probation. .=x�:- O'DONNELL. RAMIS. ELLIOTT & CREW ATTORNEYS AT LAW 1727 N W HOYT STREET PORTLAND. OREGON 97209 e. 15031 222-4402 DATE November 19, 1986 4O Tigard City Council ;T FROM City Attorney's Office RE Ti and Munici al Court -- Com rehensive Court Study Page 4 (f) The impact of an expanded court on the municipal court judge's case load. If the '$ City elects to expand the range of crimes cited into municipal court , we recommend that the City evaluate whether an additional Judge will be required to assist in deposing of the court docket. 2. Court administration -- Municipal court may have reached a threshold after which additional administrative support will be required to maintain appropriate levels of service. Reviewing the level of administrativesupport toexpand is appropriate, particularly if the City the jurisdiction of the court. or 3. Role of Prosecutor -- The municipal court when currently appears at monthly attorneytrialprosecstrialtrialsrials and other needed, at additional times for jury individual appearances. The prosecutor does Q t scr ren any cases before prosecution. Rather, the pr receives files after charges have been lodged and carries them through resolution. We recommend that the ` prosecutor's role be reviewed in conjunction with a review of the range of value of cases to be cited into Municipal Court. Based on these other factors, we recommend the following areas be addressed specifically: (a) The amount of time that should be devoted to -time prosecution (e.g. , one half-time position; full position; quarter-time position) . (b) The degree of involvement the prosecutor would play in screening cases before filing formal charges. (c) The role of the prosecutor in working with the Tigard Police Department and other City departments or personnel. 4. Court formalitytinfnrmalitV - - as discussed above, the relocation of the municipal court from its old church classroom facilities to the new civic center may have J O'DONNELL. RAMIS. ELLIOTT & CREW !f ATTORNEYS AT LAW 1727 N W.HOYT STREET PORTLAND. OREGON 97209 15031 222-4402 DATE November 19, 1986 To Tigard City Council FROM City Attorney's Office RE Tigard Municipal Court -- Comprehensive Court Study a' Page 5 altered public perception of the court. An evaluation of this changed perception as well as a determination of how formal the municipal court should become is timely. 5. Court procedural rules -- Each court has the authority to promulgate rules of procedure to help the court run efficiently. Because of the increased volume of cases, and because of the more frequent use of jury trials, it may be timely to review whether rules of procedure should be adopted for Municipal Court. Authority to promulgate these rules rests in the Municipal Court judge. 6. Charging crimes and infractions under state statute versus city ordinance -- Under the Tigard Charter and Municipal Code, misdemeanors are cited into Municipal Court under applicable Tigard Ordinances. Traffic infractions are cited into Tigard Municipal Court under the applicable state statute. The City may wish to review whether to adopt a city ordinance identical to the state vehicle code so as to allow citing traffic offenses under Tigard Municipal Code. This change in citation form may have different appeal and revenue consequences for the City. Review of those consequences may be to the City's advantage. 7. Court appointed attorneys' fees -- Court appointed attorneys are currently paid a flat fee. They are paid 875 for all work up to trial and an additional 875 if the case proceeds through trial. This fee structure does not change in relation to the complexity of the case or the amount of time required to mount an adequate defense. We recommend that the fee structure for court appointed attorneys be reviewed. Other municipal courts may be useful resources for this review. Factors to consider include the following: i :�- O'DONNELL. RAMIS. ELLIOTT & CREW ATTORNEYS AT LAW 1727 N W HOYT STREET PORTLAND OREGON 97209 15031 222.4402 DATE November 19, 1986 To Tigard City Council FROM City Attorney's Office RE Tigard Municipal Court -- Comprehensive Court Study Page 6 -- The nature or number of charges filed against the defendant; -- The manner by which the case is disposed, including; (a) Dismissal prior to trial (b) Civil compromise or diversion (c) Plea only (d) Court trial (e) Jury Trial (f) Removal of case before trial to Washington County District Court (g) Appeal of municipal court conviction to Washington County Court S. Investigation fees -- the municipal court currently does not provide for additional investigation fees when requested by indigent defendants. Some cases, particu- larly misdemeanors, may require more than simple review of police reports and witness statements. This policy warrants review. 9. The service of subpoenas -- the municipal court clerk presently serves subpoenas by first class mail. Under applicable statutes, this form of service is not effec- tive to compel the presence of a witness who does not wish to appear. A witness may be compelled to appear in court only if he is personally served with a subpoena. While service by mail is usually effective, in some cases witnesses are reluctant to appear absent legal compul- sion. We recommend that the policy governing service of subpoenas be reviewed to determine whether alternative forms of service may be appropriate under given circumstances. ORS 136.585 authorizes any person over the age of 18 to serve a subpoena in a criminal case. Accordingly, we recommend that a review of subpoenas include the relative cost and/or desirability of having the following persons serve subpoenas: sEL O'DONNELL• RoRN'E s AT LAOwTT & CREW A 1727 N HOYT STREET PORTLAND. OREGON 97209 15031 222 4402 DATE November 19, 1966 7O Tigard City Council FROM Tigard City Attorney's Office d Munici al Court Com rehensive Court Stu-Y Rr Page ? (a) City Employee; (b) Private Process Server; (c) Tigard Police Officer; (d) Other authorized adult. The municipal court loses revenue 10 Oncollected Revenue - We recommend that annually through uncollected fines• fines be reviewed. methods far efficiently collecting mayinclude. among other things, the following: This enforce The use of an employee or staff person to the collection of fines; to M (b) The use of charge cards (e.g. , asterCard/Visa) pay fines; J.: (c) other city departments to assist Authorizing not issuing coercing the collection of fines te•9• � building permits or business licenses until fines are paid) . (d) Other alternatives. CONCLUSION with the City The city attorney's' office is interested in wapal court in the perform a complete evaluation of the Municip to p a great deal othervaluable local courts information City of Tigard. Certainly, contacting and advice can be obtained Y We will be happy to of k We hope the above recommendatiactuaierevieweprocess that is contribute what we can to any performed. KRF:dd 11/19/86 11 q "r MEMORANDUM CITY OF TIGARD, OREGON TO: Loreen Wilson, Recorder FROM: Bill Quillard, Records Clerk �� January 12, 1987 SUBJECT: Records Status Report The following report is submitted as an update to the information submitted by the Records Committee last fall. It is hoped this will give additional background information for Council's consideration and detail the benefits the City will experience from a Records Management Program. BACKGROUND INFORMATION Records are essential to the administration of local government. They contain the information that keeps government programs functions ng.government officials a basis for making decisions, administering They give Providing administrative continuityn withs. Programs, and to: document the delivery of services; show he olegal lresponsib lRecoiitiesrof usedofgovernment; and protect the legal rights of the citizens. A well managed records system will also document information on taxation; the management and expenditure of public funds; increase the accountability of the City and its officers; document the historical development of the City, the community, and of our citizens. Tigard's records are, therefore, an essential informational resource and an important cultural asset. Records management is based on the premise that records require managi the same sense that other local government resources need managing. It should be regarded as fully important as other administrative functions, since records are at the heart of governmental operations. Efficient Records -. Management is not Just a one—time reaction to accumulated records rob the cleaningproblems, or up of a backlog of old records that have become a storage problem. Instead, it is an administrative service that should be continued t; Is stematically over time. BENEFITS ACHIEVEDTHROUGH A RECORDS MANAGEMENT PROGRAM OVERALL SYSTEM 1. Improves management and care of records needed for everyday administration. 2. Saves the taxpayers money through efficient administration of information resources. 3. Makes records readily available when needed, thereby minimizing time spent in seeking out information or researching the record. 4. Reduces the probability of regulatory agency actions. S. Reduces the risk of losing vital records, which could result in: the inability to collect insurance and accounts receivable; the inability to enforce contracts; and, the inability to produce accurate records during a litigation process. 6. Frees storage space and equipment for important records and for new records as they are created. CLASSIFICATION SYSTEM/RETENTION SCHEDULE 1. Introduces cost controls by eliminating duplicate files and removing nonessential records from valuable office space. 2. Prevents the creation of unnecessary records. ' 3. Ensures that records are retained as long as they are actually o; administrative, fiscal, legal or research needed for p purposes. —1— . 4. Ensures that records are promptly disposed of after they are no longer needed. (For a comparison of the disposition of records typically experienced within organizations with and without a proper records management program SEE ATTACHMENT 3a) 5. Demonstrates to legal and regulatory authorities that the City is making every reasonable attempt to retain and dispose of its records in a responsible manner, in accordance with applicable guidelines and good business practices. 6. Facilitates the creation of usable records containing accurate and complete information. 7. Eliminates staff time required to service and sort through unneeded records to find information that is required. 8. Eliminates potential fire hazard from storage of large quantities of old, obsolete records. 9. Facilitates the appraisal and preservation of archival records. COLOR—CODED FOLDERS 1. Reduces filing errors, since a file out of position breaks the color pattern and is highly visible. 2. The file and retrieval process is faster, as the eye immediately goes to the correct file area. Also less attention to detail is demanded during the filing process when functionally coordinated colors exist. 3. The use of color brightens the files and the surrounding area, providing an intangible 'psychological' benefit which assists the file employee from becoming as easily bored after a few hours at the task. RECORDS POLICY 6 PROCEDURES MANUAL 1. Standardizes operations and coordinating activities. (This will be the first step in the records process which will require detailed management by the Court/Records Manager. The steps prior to this are very labor intensive.) 2. Developes understanding on the part of all personnel creating, filing, and retrieving information as to what the official policies and procedures are for the City record preservation. MICROGRAPHICS PROGRAM 1. Information recorded on microfilm requires less than 10% of the space needed to store the same data on paper. 2. The master copy always stays in storage, user requests are met by duplicate copies. 3. Film duplicates can be made quickly at low cost. Added savings come from low distribution costs. Up to eight microfiche (3,360 pages) can be mailed for the current 22f first class rate. The equivalent in paper (6.5 reams) would cost more than $30. 4. The low duplicating cost of microfilm allows protective copying of key records for off—site storage. 5. Documents of all sizes, shapes and colors can be included on the same film. 6. Microfilm stored under the correct conditions can last more than 100 years. 7. Using an automatic—retrieval system with a computer—generated index, a user can retrieve an image from a large data base in seconds. It is important to note at this point, that the City is currently experiencing the loss of records due to extended use and storage (15 and 20 year old records). The sooner the City can implement a micrographics system, the safer the official record. In order to show the volume of record being created by s —2— the City, ATTACHMENT 3b was created. The areas of City Council, Planning Department, and Police Department were chosen because of the permanence of much of their records. With the accelerated growth in the City's records, a micrographics program looks to be the best method for relieving the storage space constraints we are presently experiencing. COST CONSIDERATIONS The purpose of any filing system is to make it easior to rapidly retrieve information when needed. Most files personnel spend about 25% of their time searching for the 1% - 3% of files that are misfiled.l With the cost of a misfiled record being around $80, it is clear that good filing systems save money as well as time.2 A well-designed system can significantly reduce such non-productive filing labor costs. However, maintenance is only a small portion of the labor costs. The real costs are incurred before the files ever reach the cabinet or shelf. These are the costs of collecting, reading and processing the information. The following are some national averages of various filing/storage costs: COST OF STORING HAROCOPY 11� PER PAGE PER YEARS COST OF MAINTAINING ONE 4-DRAWER FILE CABINET $800 PER YEAR 687E of these costs (about $550) are for labor, 327E are for supplies, equipment and space.1 WEEDING FILES (PER CUBIC FOOT) $5.10 - $8.503 As a possible option, we have looked at the cost of hiring a consultant to create and design a City Records Program. With costs of $65 per hour for administrative duties and $30 per hour to file, purge, and inventory records, this option looks to be cost-prohibitive. As a comparison, the City could hire four Office Assistant 1's in-house for a cost of $30.80 per hour, including benefits. Using information obtained from Tigard's Records Section Monthly Reports, circle graphs were created illustrating the use of time in the Records Section. These figures reflect time spent from July - December 1986. SEE ATTACHMENT 3c. AOGRES$IVE PROGRAM NEEDED The City of Tigard is required by State law to retain a complete and official record. In working with the State Archivist's office, it has become evident that the State requires more record to be kept than is necessary for the City's needs. In order to not keep excessive records, the State Archivist will approve much of the City's records to be modified and retention periods shortened if an inventory of our record is developed. City staff is concerned that to stay current with filing needs and to address the long-term record preservation issues an aggressive program is needed at this time. For this reason, staff anticipates requesting additional staff in the Records Section in the 1988-89 Budget submittals. BQ/4493A 1Katherine Aschner, Taking Control Of Your Office Records, (White Plains, NY; 1983), p. 4. 2G.S. Seguin and F.M. Townley, An Introduction to Filing Systems, (Prairie f View, Ks. ; 1981), vi. 3International Systems Dealer Association, Office Systems Management, (Spring, 1985), P. 10. -3- ATTAcHmm 3a ' RECORDS DISPOSITION TYPICALLY EXPERIENCED BY ORGANIZATIONS WITH OR WITHOUT A PROPERLY ESTABLISHED RECORDS-MANAGEMENT PROGRAM. PROPER RECORDS-MANAGEMENT PROGRAM a W T �# �0► PROPER RECORDS-MANAGEMENT PROGRAM t t�eec3ed firm the start*.. �.� 9Q t]Efloe'9�e 84; Aj is TIGARD'S PAPER EXPLOSION ATTACHMENT 3b $ o 170 Go 50 A W POLICE u " 3o N a 8 as a 20 0 = H 1 Q Cov�x1 L Ickes t4'To 19TS Ig80 1q$6 YEAR - CITY COUNCIL FILES NOME: CITY L Pl.MtM= FILE AMOURIS ARS QB %TM l7L' ALL RBIO�tD6 CREATED DP TO THE D IMM. POLICE FILE ANODNMES - PLRUU31G EMARneff FILES ARE a TOTALS OF T[� R CREAMED D� THE FRIG YEARS COX 7-7 POLICE DBPA FILES r._ ATTACM4MT 3c «� QTY OF TIGARD RECORDS SECTION ACTUAL TIME SPENT `k TWO EMPLOYERS sk SnKv& OQItI`BAII.Il�F 36 '�!!l�CII� __ PHi�S• BASED ON TWO E AWS NOW42%KING A SAL OF 80 HOURS FII195 1ft PER Wed• smnri F, mb ' Uh=FILM PSD OF R� ONE EMPLOYEE 25% 3% amauffmRD Out* rim BAWD ON OW A TOOL OF 40 HOURS 25% OF rOul SKP-[P 6 TRW-mil 9& CCURr H4II.II�F 9! pmaomm 1�mill MMKqm Y. INCLUDES UPDATING RECORDS LISTS. WORD PROCESSOR WORK, CORRESPONDENCE PREPARATION, AND OTHER MISCELLANEOUS ACTIVITIES. MEMORANDUM CITY OF TIGARD, OREGON TO: Loreen Wilson, City Recorder January 12, 1987 FROM; Sherrie Burbank, Officer Services Manager SUBJECT: Phone System Configuration As you are aware, I am very concerned that our telephone system operate as stem efficientlypossible toenhance everydayservice n needs due topublic. the rapid growth weyhave is not currently meeting our ng the last year. I think the capabilities of the system are experienced duri he growth we experienced we now need to research outstanding but due to t oto growth are asnfollows: feel some of the impacts options to enhance the system which accelerated the projected 1. Our visibility to the citizens of Tigard has increased tremendously since we moved into the new building. 2. There has been an overall inc To sillustrat,number averaged the incoming ph phone scalls calls within the last year since completion of our move (11,134/month] and compared the you can with the same months of the previous year (6,255/mon879/mon by This is a we have increased the average number of calls by 78 percent increase. -` 3. The County 2000 Rep�orcalls states from the citizensCounty inquiring abouttheir annexatianservices. and This has resulted City delivery of services. e citizen 4. Increased circulationquiriesthrou h the main in the Library sw switchboard and the Library trunks. telephone inquiries through 5. Several Council-directed goals have increased the number development inquiries, including the Metzger/Washington Square Annexation; of a the Transportation Program, Parks Plan, and Downtown Development Plan; and the increased focus encouraging community on providing public information and involvement. of 6. Due to the steady increasvide e in �informati iunicipal nformation, rt the caseload v lume of incomingamount calls research necessary to pro has been impacted. ly basis than 7, Now that nth sewer bills are being mailed °inquin a ries/complaints rather r being quarter, almost three times as many received. e. Under Chief Lehr's leadership, the Police Department is highly visible in the community. This, along with the SRO and Dispatch Contracting Services, has definitely been reflected in a high increase of phone contacts. 9. The creation of new positions and filling of vacant positions has a�Y substantially increased the number of telephone inquiries regarding recruitment procedures. 10. In May of 1985 when the phone system was being designed by Info Com Consulting, the City of Tigard estimated the work force would grow to 130 employees by FY 1990-91. At the time the telephone contract was awarded to GTE on December 17, 1985 we employed a total of 84 people. Since implementation/award of the contract our total number of employees has increased to 119. This is only 19 employees over our projected five year growth. In other words, we grew 42 percent in 15 months versus 5 years. Without enhancing the switching equipment at this time, we can only eight multi-line button phones and four more trunks (outside lines) . There is no more room for single line phones at this time. CONTINUING PHONE STUDIES In order to keep our initial cost low for capital investment, we invested in the system we now have. This system has served us well, but perhaps now is the time to consider enhancing it to maintain a high quality of service to the public and to provide better system management information to assist us in monitoring the future needs/growth. The purchase of an expansion package from GTE would allow 120 more phones and 16 additional incoming/outgoing trunks. This would basically double the size of our current system and allow us room for future growth. Since we did not choose to purchase a System Management Data Reporting (SMDR) processor at the time we implemented the system, I will research and report the benefits the City could receive with this system enhancement. It is my understanding this program would be used to gather hard data regarding the level and types of activity occurring on the phone system. I feel this option should be addressed in next fiscal year's budget to allow us to continue monitoring our service delivery concerns before we reach an unsatisfactory level of service. I will be requesting further direction from Council regarding the switchboard function when additional information and statistics are available. In order to provide efficient and courteous service to the public, I feel a need to address this issue as soon as possible. This is often the first contact the public has with the City and the Office Services Section wants it to be a positive experience for everyone who plaices a call to the City. When the system was initially designed, it was anticipated that the message taking process would occur at the department where the call was transferred. With increased workload and phone call activity, this has become impossible. Y; Thus, the switchboard operator is now handling more calls than ever before and taking messages at the same time. This has meant that phone calls being received by the City are not able to be answered within a couple of rings. s This is unacceptable! 0 In order to continue making every effort to deliver a high quality of service to the citizens of Tigard a 'Temporary' employee has been hired as an Office Assistant I to man (or should I way Woman?) a Message Center. This will allow the switchboard operator to extend calls to the Center when an individual is not answering at their desk. The Message Center will serve the sole purpose, z at this point, of taking a message which will free up the switchboard operator to receive incoming calls in a more timely fashion. The temporary employee will also serve as a backup operator at the switchboard which will allow for i- consistency in service delivery at this key area of citizen contact. k CONCLUSIONS As mentioned previously, without the SMDR to assist in gathering data for this report, I am unable to make an educated recommendation regarding our needs for 3 redesigning the telephone system. GTE has indicated they will supply, free of charge, an SMDR system for a period of time to gather data to complete the `= information needed prior to any recommendation from staff. Therefore, upon compilation of the facts and figures by staff and GTE, I will report back to you with options and recommendations as to what direction we should consider taking regarding an upgrade of the phone system. Until Council can be provided with meaningful facts and figures regarding existing system requirements, we will continue to provide the most courteous, prompt, and efficient service we possibly can to the citizens of Tigard. sbl0383W CONCLUSIONS As mentioned previously, without the SMDR to assist in gathering data for this report, I am unable to make an educated recommendation regarding our needs for redesigning the telephone system. GTE has indicated they will supply, free of charge, an SMDR system for a period of time to gather data to complete the information needed prior to any recommendation from staff. Therefore, upon compilation of the facts and figures by staff and GTE, I will report back to you with option-vt and recommendations as to what direction we should consider taking regarding an upgrade of the phone system. Until staff can furnish Council with meaningful facts and figures regarding existing system requirements; we will continue to provide the most courteous, ,r prompt, and efficient service we possibly can to the citizens of Tigard. sb/0393W x :z �v Y x `?s CITY OF TIGARD, OREGON ri COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 19 1487 AGENDA ITEM #: DATE SUBMITTED: 1-k-g7 PREVIOUS ACTION: ISSUE/AGENDA TITLE: C.I.P. Status _ Report -,December, -1986 PREPARED BY: Randall R. Wooley 0�/L REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE A report on the status of the various projects in the CIP and LID programs. INFORMATION SUMMARY Attached is the monthly report on CIP projects as of December 31, 1986. This report will be supplemented by a brief oral report at the Council meeting. ALTERNATIVES CONSIDERED 1. Receive information report; no formal action required. SUGGESTED ACTION Receive reports; no action required. (RRW:br2SWP/31P) Page 1 CAPITAL IMPROVEMENT PROGRAM t STATUS REPORT- December 31, 1986 ST-3 North Dakota Street Resurfacing and Reconstruction (90th to 95th) Constrilction will resume in the spring. ST-6 - Tiede%ar Avenue Realignment Consultant working on final design. ST-7 - North Dakota Street Reali nment at 115th Avenue Final esign complete. Sta is wor ing on right-of-way acquisition. ST-8 - Realignment of 79th Avenue at Bonita Road This project is being constructed in conjunction with development of Mara Woods Subdivision. Construction has been delayed by legal problems experienced by the developer. ST 11 Traffic Signal at Greenburg Road and Tiedeman Avenue All preliminary Federal-aid paperwork is completed (finally). The State has started design and estimates they will be ready to advertise for bids by July of 1987. * ST-13 ---Traffic Signal at Burnham Street and Hall Blvd._ This project is being designed by the State. They estimate they will be ready to advertise for bids by August of 1987. ST-14 - Traffic Signal at Hall Blvd. and_McDonald Street This project is being designed by the State and additional right-of-way is required. They should be ready to advertise for bids by the fall of 1987. ST 15 L.I.D. -No. 85-1 Hall Blvd. Street Imarovements Construction complete. The consultant is preparing the final engineer's report. ST-16 - L.I.D. No. 35, S.W. 68th Parkway Construction complete. The consultant is preparing the final engineer's report. ST-17 - L.I.D. No. 40 Dartmouth Street Extension Engineering design work is approximately 60% complete. Property appraisal reports for right-of--way are complete. r *Projects which were previously reported as complete have been deleted. Page 2 ST-18 -- Pacific Highway and Canterbury Lane Intersection Improvement The State has scheduled this project for 1990 construction. Preliminary engineering study for the project has begun. 135th Ave./Murray Blvd. L.I.D. The firm of Robert E. Meyer Consultants Inc. has been retained to prepare the preliminary engineer's report. We expect to be ready for public hearing by early March. (RRWcbr2503P/31P) Al . � V Page 3 3_ } 4 rey v SS-1 — Sewer Master Plan The 'master planning work will be scheduled for this winter. SS-2 — Pinebrook Sewer Trunkline Repairs The funded work has been completed by City crews. Additional repairs are needed in the Pinebrook area and will be considered in the CIP update. SS-4 — O.E.A. Trunk Access Paths The work has been delayed to better coordinate with private development in the area. SS-8 — Elmhurst Sewer Extension Still working on acquiring the required easements. SS-9 — 89th Pl. Sewer Repair Scheduled for Spring, 1987 SS-10 — Industrial Area Sewer RR Crossing Scheduled for 1987. SS-11 Sewer Capacity Upgrading Projects will be defined during the CIP update. (RRW:br2503P/31P) Y Page 4 w. r �x� s . SD-1 — Gaarde Street and Canterbury Area Drainage Improvements Construction plans are complete. We are working on acquiring the necessary easements. x' SD-2 — Gentle Woods Channel Improvements Due to difficult access for construction equipment, we are re—evaluating F the repairs to be done. 80-3 — 100th Avenue Storm Sewer (Murdock—Sattler Scheduled for 1987 if funding is adequate. SD-4 — Summerlake/Anton Park Drainage Construction plans are being prepared and easements acquired. Construction schedule will depend on weather and easement acquisitions. s PK-1 — Cook Park All work is complete except for irrigation and the pedestrian bridge to s the float. The bridge is here but cannot be installed until the float is repaired. City crews will be installing irrigation in the spring. a PK-3 — Summercreek Trails This project has been delayed by weather and workload. It will be rescheduled. y (RRW:br2503P/31P) Page 5 fr - Y .� } CIP/LID PROJECT STATUS As Of December 31. 1987 PROJECT STATUS ESTIMATED COMMENTS PROJECT COMPLETION ' DATE c �. tT O v C •.1 V w a s u C .4 10 +11 ~ � N ad r. � c � w UO X. ST-1 - Fairview Resurface Com feted ;�'�'sr'•;`r•~'x�" y ••' Com feted ST-2 - SW 68th Parkway Resurfa :;;:,:: .e : r•. ST-3 - No. Dakota Resurface ::;f:;::; ::;•.•-; ;: :•• 6/30/87 ST-4 - 104th Ave. Reconstruct .;;;x•:•;.} }�:;.;. .;•t�;:::}• ,:. ::.�� Com feted •'• �:^"•••'�•• P 5 - Commercial St. Connect. r•��• --- roiect Postponed •{h:•r.•.•.;:,r'•',�1. ST-6 - Tiedeman Ave. Realign. 8/30/87 ST-7 - No. Dakota Realign. 6/30/87 ;;.; ::;.•. ;XPV:•.: ; Construction by r:�:�'�' {�'• ..rr:{��':�ti� Private Developer ST-8 — 79th/Bonita Realign. ::;••••; r,.{vr,:}•• ;:;;:{r,.;.,v, : ? ST-9 - Main St. Improve. Study v}f ::~�: Com feted Prelim. Ener Only ST-10-• Hunziker Realign. Studyr'n"'''�• Completed Prelim._E_ngrg. Only ST-11- Greenburg/Tiedeman Sign jv?: 12/31/87 s Pry/No Dak Sign r '= CompleteST-12- Schollf �__. . ST-13- Burnham/Hall Signal 2/29/88 ST-14- Hall/McDonald Signal =t?' •••;.; 5/31/88 ST-15- Hall LID #85-1 f{y�{•rr3 . :'. r r c•:•:;: Completed _ -. .w---•- ---__.. . rr. ❖ . . ST-16- SW 68th Parkway LID 135 • r r•:• Completed ST-17- Dartmouth LID #40 :f •}`�••'. 9/30/87 18- 99W/Canterbury Improve. _ 1990 3I/87 135th Ave/Murray L.I.D. CIP/LID PROJECT STATUS As Of December 31, 1986 PROJECT STATUS ESTIMATED COMMENTS PROJECT COMPLETION DATE >. oo 4 G •.t q •.1 U -AG r+ v+ y .� •do b -•� y ur a w is c� &W u SS-1 - Sewer Master Plan ?•: 6/30/87 SS-2 - Pinebrook Trunk Ret-irs .0 •• • ' Com leted SS-3 - SW 69th Sewer Extension .;;;'=`•L•:;:;{.~;•••:•':!}LL � L+ `4'L L• ..L• ••:•:•+•:L fi''•:. Completed SS-4 - OEA Trunk Access Paths �'�.:•:,•�'•:•• A-5 - Watkins Ave. Sewer Repa• {L` � L•''; Completed SS-6 - 100th/Inez Sewer I.ID :; ;:;1 --- LID Defeated SS-7 - 74th/Cherry Sewer LID --- LID Defeated SS-8 - Elmhurst Sewer Extensior ---- --- 5/31/87 SS-9 •- 89th Pl. Sewer Re air 1987 5S-10- Industrial Area RR Xinq 1987 SS-11- Capacity Upgrading 1987 ------•--•--- ' iI AJ CIP/LID PROJECT STATUS As Of December, 1.986 ------------ PROJECT STATUS ESTIMATED COMMENTS PROJECT COMPLETION DATE C L tC 14 40 u vi W r4 •4 a �1 W ? L C 0, 3D-°1 - Gaarde Canterbuc Draina SO-2 - Gentle Woods Channe 1 Im vtir�ti { ? SO-3 100th Ave. Storm Sewer 1987 - SD-4 Summesrlake Anton Park ~Y::r?~, '�'~ 6/30/877 'C_ 'ij • •i�' PK-1 _ 1987 Cook Park 'des g PK-2 Woodard Park •' : pleted� ,t , ,PK-3 - Summercreek Trails 1987`•'r. •�' •••° z l..Y MEMORANDUM CITY OF TIGARD, OREGON TO: Member of the City Council ,, �/� January 12, 1987 FROM: William A. Monahan, Director, byl�'r` Community Development SUBJECT: Streets Systems Development Discussion During our discussion on the status of Tigard's street system development charge credit system on December 1, 1986, the Council requested further information. The Council instructed the staff to develop a matrix on the options available with cost estimates so that a policy can be chosen, priced, and implemented. A matrix has been developed which looks like this: Streets SDC Charge Needed $1,200 $1,000 $ 800 $ 600 City Purpose A 0 C D City Purpose A — The present credit system allows a developer to apply for a credit when "certain public improvements are necessary to protect the public health, safety and welfare before development of a parcel of land may ensue, the cost of any of these required improvements which are deemed extra—capacity facilities, as defined in Section 3.20.020 shall be a credit against the total system development charge that the developer would otherwise be required to pay." This section, TMC 3.20.055, gives full credit for any construction cost over provision of a standard local street, sidewalk, street lighting, and storm drainage. C1 — Page 1 — n, The purpose of the Streets SDC is to create a fund to "implement the installation, construction and extension of extra-capacity street facilities and traffic control devices". Each property as it is developed is required to contribute to this fund. The City uses the receipts from SDC's in a capital improvement program. The priority of projects undertaken by the City is determined by the Council. t16v The present charge of $600 per single family residential unit is!adequate to generate funds needed for the CIP if a credit policy is available. To continue to allow a full credit up to the actual SDC charge for a particular development, the staff estimates that the present fee should be doubled to $1,200. City Purpose B - Short of a full credit, option B would allow a partial credit up to 50% of the cost of the extra-capacity to be provided by the developer up to 5O% of the Streets SDC's due for a particular development. Thus, if $6,000 in Streets SDC's were due on a project where the cost of extra-capacity street construction is $4,800, the developer could receive a credit of $2,400 (50% of the extra capacity) . To allow for a partial credit system, while generating sufficient funds to carry out a meaningful capital improvement project, a new rate of $1,000 per residential unit is projected. City Purpose C - Option C would not Allow for a credit system or development unless the street were improved under a local improvement district. When applicable, SDC fund resources would be eligible for contribution for up to 10% of the cost of constructing major collectors or arterials. The cost of traffic signals, if any, could be included in the LID. This option recognizes that the CIP should contribute a set amount to certain LID's. By setting a limit of 10'x. the City can realistically plan for assembling a pool of funds for contributions while undertaking a capital improvement program. It is important that the CIP have some stability in its generation of resources so that projects may be planned. By setting aside up to $200 of each SDC charge, a pool to provide the City share of 107E of LID's could be created. Without the set aside funds, it is difficult to adequately plan for projects with the possibility that a City LID contribution of unknown cost could eliminate a portion of the CIP funds available in a year. A new SDC rate of $800 is projected to implement Option C. City Purpose D - To generate sufficient funds to achieve the purpose of € imposing a street and traffic control system development charge to fund extra-capacity facilities through a City CIP program, the staff estimates that a charge of $600 per residential units is needed. Under Option D, there would be no form of credit or City contribution to LID's. The full $600 charge would go into the CIP fund. The benefit to the City would be that the CIP could be more easily planned for and implemented. Based on building activity estimates, the staff would be able to plan for projects with more certainty and that the funds would be available when needed. Presently, with the credit system available, large portions of the fund, up to $100% of the charges due from an individual project, could be made unavailable to the fund. - Page 2 - With a credit system, the City--wide CIP needs may not be adequately addressed. Rather than focus SDC funds to the projects that the City has determined have the greatest need, funds may go only to localized j extra—capacity needs affiliated with a particular development. Without a E credit system, the developer will be required to fund fully extra—capacity i needs caused by his development while SDC payments go to the City Capital Improvement Projects which would otherwise not be funded. This would allow the City CIP to complete projects which are in areas where either further development is unlikely or the need for immediate action is present. The staff suggests that the present rate of $600 be kept if Option D is implemented. i a The City has a high SDC rate now. A recent study completed for the City of West Linn indicated that the average total development fees for a typical 2200 square foot house with a 500 square foot garage is $3,480. The study was based on the fees charged in 16 communities and unincorporated counties. Tigard's total cost of $3,915 was the fourth highest, exceeded only by t Hillsboro ($4,200), Unincorporated Washington County ($4,035), and Portland ($3,945). Our immediate "competitors" for construction activity had the following total costs: Beaverton $3,665 Tualatin $3,705 Lake Oswego $3,800 Sherwood $3,295 Wilsonville $3,505 If Tigard raises the SDC rate to allow for a credit or LID contribution, we could become less attractive for future development unless other cities also raise their rates. RECOMMENDATION: The staff cost estimates need further modification based upon formulation of the Public Facilities Plan and Capital Improvements Plan. Once costs are projected, more exact estimates for SDC rates can be made. Until those plans are prepared, the Council is asked to give some direction on which option described above is preferable. Once direction is given, the staff can develop the code amendments required and notify the building community. Action needed for each option if chosen: A. Raise the SDC rate from $600 to $1200. No ordinance language change needed, only the rate. B. Revise the language of the code to limit the credit and raise the rate. C. Revise the code to eliminate the credit and provide for a limited LID match; raise the SDC rate. p D. Revise the code to eliminate the SDC credit. No rate increase is [' necessary now. i — Page 3 — : The Council should also give direction on when any change should be effective to give sufficient time for notice to affected developers. The staff suggests a starting date of May 1 to allow developers with pending plans to go forward and obtain building permits and secure credits under the existing system. By May 1, the needed revisions can be prepared, notice given for comment, and preliminary CIP budget estimates made. The staff also suggests that an annual SDC rate review be undertaken in conjunction with the budget process. Such a rate analysis will be easier to accomplish once long range capital project planning is in place. /br2882P :.. — Page 4 — x y 77 MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council �• ' January 9, 1987 FROM: William A. Monahan Director of Community Development SUBJECT: Parks SDG Rebate Request Discussion This item was originally scheduled on December 15, 1986, however, the applicant did not appear at the Council meeting. Council guidance is sought concerning whether or not the City should participate in park improvements to land dedicated by Mr. Krueger. If participation is desire, we should determine if funds should be allowed from the Parks capital improvement programs. A rebate of systems development Charges (SDC) is not permitted by our Code. Even if it was allowed, Mr. Krueger did not pay the SDC's, individual builders did. I recommend that the Council discuss the issue with Mr. Krueger and decide what participation the City should have in this project, if any. WAM:bs0385W } d G RD OREGON CITY OF TI A COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 19, 1987 DATE SUBMITTED: January 9, 1987 ISSUE/AGENDA TITLE: Parks SDC PREVIOUS ACTION: None Rebate Request_Discussion _ PREPARED BY: William A. Monahan_ DEPT HEAD OK TY ADMIN OK� REQUESTED BY: POLICY ISSUE Should the City Council refund Parks SDC funds to a developer who has dedicated park land and improved the site? INFORMATION SUMMARY Russell Krueger, «dplicant for the zone change associated with Winterlake, has requested that the Council allocate funds from the Parks SDC account to compensate him for improvements made to land which he dedicated for park use. The grading which he completed should have been completed by the actual subdividers of the land. They were unable to do that, however, as the City requested delay of the dedication while pursuing a state grant for park development. Russ completed the grading and since he has bean unable to get contributions from the subdividers, he feels that the City should assist him since the builders of the 197 lots including in the various subdivisions will each pay a parks SDC at the time of building permit issuance. ALTERNATIVES CONSIDERED 1. Take no action. 2. Determine that the City should contribute in the cost of grading and improving the park. Direct staff to come back with revisions to the SDC policy to provide for rebates, or 3. Direct the staff to allocate funds from the parks SDC to contribute to development of the park. The Council should give direction to the staff concerning the amount of the City contribution. FISCAL IMPACT Any rebate or allocation from Parks SDC's will affect the ability of the City to make future park improvements under the CIP. Winterlake improvement, however, would be a future capital project. SUGGESTED ACTION The staff suggests that the Council discuss the issue and determine if the City should participate in the cost of developing the park. The staff feels that justification does exist for some contribution. The Council should determine the extent of participation, if any. WAM:cn/2764P MEMORANDUM CITY OF TIGARD, OREGON T0: Members of the City Council December 5, 1986 FROM: William A. Monahan, Director of Community Development SUBJECT: Park SDC Rebate — Winterlake Russell Krueger, subdivider of the Winterlake Subdivision, has requested that the City Council grant him a rebate from parks system development charges levied on lots within Winterlake, Brittany Square, and Ari Green. Mr. Krueger bases his request upon the fact that a condition of the original subdivision included dedication of land for a park site. He has since assumed the obligations of the subsequent developers of the various phases of the subdivision by grading the land to prepare it for use as a park. The developers bonds have been released. The Planning staff has reviewed the subdivision files and found that various approvals of phases committed developers to participating in the improvement of the park. Such action was precluded, however, by the fact that Mr. Krueger delayed dedication of the park land until now, at the City's request. The delay in recording the dedication made improvement of the park impossible for the developers to achieve. The delay was requested by the City as the City Engineer pursued State funds to assist in the development of the park. This was done on at least two occasions. The rationale for delaying the dedication + was that the City hoped to use the value of the land dedicated as the City's matching share in a park acquisition and development program. If the City already owned the land at the time of a grant award, the value of the land could not be used as a match. The City was unsuccessful in gaining a grant from the State. Mr. Krueger feels that he should not be expected to dedicate the land and then make the improvements necessary to prepare the land for park use. Mr. Krueger estimates that the land which was dedicated was worth $35,000 per acre. Since 3.4 acres were dedicated, the appropriate value could be $119,000. The required dedication will be made on the Ari Green subdivision plat. He has asked that the City assist him by participating in the payment of some or all of the $16,500 which he has paid to grade the land. There is no provision in our parks systems development charge for a credit or rebate. Any action by the Council would require a modification of the code. City records show that the subdivisions which have been platted within the Winterlake development have created 197 lots. We have not researched the f actual amount of parks system development charges which have been paid by developers of lots within the subject area. Presently the charge is $150.00, an increase from $100.00 which was charged from February 1, 1983 to April 12, 1984. I expect that we have not received $16,500 in SDC charges. ' The staff suggests that the Council discuss Mr. Kureger's request and provide direction to the staff. WAM:cn/2764P Brittany Square Approvals 2/5/80 Special Use Permit, M 1-80 (Winterlake) Ref 2C 25--78, 2C 24-79) Applicant: Russ Krueger. No conditions of development relating to park. 5/20/80 2C 29-79a/2C29-79b Applicant: Russ Krueger. Dedication of 3.4 acres for park. Description to be provided when Final Plat submitted. No mention of improvement - OR 80-56 repeats. 7/30/82 S-10--81 (6/23/80) Applicant: Century 21 Homes. Six month time extension for Winterlake subdivision approval. Follows one year time extension granted 7/7/81. 8/30/83 2C PD 29--79 a, b (Brittany) Applicant: Russ Krueger. 5 ft. setback. 11/9/82 56-82 (Brittany Square) Applicant: David Oringdulph, Century 21 'Homes. 1. Dedication of 3.4 acre park land 2. Submit elan for park improvement (grading and seeding intended) rp for phase II. No mention of playfields in minutes. Zone Change approved by Council Ordinance 80-55. 59-85 1S1 33DC, 302 & 500. Applicant: Russ Krueger. Dedication of land north of Winterlake Drive for park. 12. 3.4 acres dedication before recording TL 500 y. SDR 9-84 ISI 33DC, 500 Applicant: Russ Krueger Dedicate 3.4 acre park �i a PO 3-86, SIO-86 & SL 6-86. Applicant: Century 21 Homes Bike Path. WAM:cn/2764P x x t f �! 7M•S . - Lt.o Q % • iSA.:WINTE �paSo Q N 06 X.-4 ,¢ A '�M Of Q. .+► M ,ate+ ii • `u • g Yw N�.• ©y *� Y Ngo` �+ ••�\ M'1 f/ �` r -Oo i Aw CIRC a ie „ .All a . 04 AW M a, � Q, • �f r .� � ti 4 I V ��Ll' � s •• y.. a ;:A Sty _N' r c .' s 1 � � �' 'k. .; '• '"' t !O� _ 1.� � � .tom:�. at A �. 134th. TERFtQ � � 111 sS' f N�• N N N ►.M w _ .9 < N n • ay O f _ ,p • ♦ 1 X 8 ' 8 810 IN 81 u . KRUEGER DEVELOPMENT CO. 1335 S.W. 66th Avenue, #402 Portland, Oregon 97225 October 27, 1986 Mr. William Monahan Mr. Keith Liden Planning Director Senior Planner City of Tigard City of Tigard P.O. Box 23397 P.O. Box 23397 Tigard, Oregon 97223 Tigard, Oregon 97223 Re: Ari Green-Brittany Square Parksite, Tigard, Oregon Dear Bill and Keith: This will confirm my conversations about three weeks ago with Bill and last Thursday with both of you, regarding reimburse- ment to Krueger Development Co. for $16,500.00 paid by the company for improvements to this park site by Bones Construction Company. We all recognize and acknowledge that it is unfair and inappropriate for Krueger Development Co. to bear the expense of improving this park site as well as the cost of contributing the land to the City. Bill has agreed to recommend to the City CouncJ*I that at least $100.00 per lot of the City's System Development Charges to builders for homes to be constructed in the remaining lets of Brittany Square Nos. 1, 2 and 3 and in Ari Green Phases 1 and 2, be disbursed when collected by the City, to Krueger Development Co. in partial reimbursement to the company for this park improvement expense. Also, Keith stated last Thursday that there is a City of Tigard park fund with sufficient money on deposit to reimburse Krueger Development Co. for the balance of the $16,500.00 expended by it, which is not reimbursed through payment of the above- referenced System Development Charges. I look forward to early action by the City of Tigard to } implement the reimbursement plan we discussed. Very truly yours, KRU GER DEVELOPMENT CO. PI ? E By Russe 1 A. Krueger k �i�3.'f.rx' .?� � ..c(n:.C' t4•. n4,k-, -:+4x-r t-,�x; '4'; i�d^.' �..s. - r CITYTIIFARD NVASHINGTON COUNN.OREC70N i • f June 25, 1980 Mr. Russell Krueger 4320 S.W. 110th Avenue Beaverton, Oregon 97005 i REFERENCE: ZC 29-79a/ZC 29-79b Location: East of 135th Avenue between Scholls Ferry Road and Walnut Street i Dear Mr. Krueger: Enclosed is a copy of Ordinance No. 80-56 which was approved by the Tigard r City Council at their regular meeting of June 23, 1980. Your request was approved with the following conditions as set forth in the enclosed ordinance. 1. Phase II - ZC 29-79a (apartments) shall be brought before the Planning Commission at a later date. 2.: Phase I - ZC 29-79b (R-5) shall comply with the requirement% of the Tigard Municipal Code, Chapter 17, Land Partition Ordinance. 3. Actual construction on each single family or duplex (attached single family) ,Idt shall be resolved relative to configuration, zero lot line, and setback requirements on the Preliminary Plat Plan. This Plan shall be cleared with the Building Department and Public Works 'Department prior to consideration of the Final Plat. It shall be clearly noted what is to be constructed on each/every lot in Phase I to avoid differences at the construction stage. Also zero lot line on each/every lot Would conflict with requirement for easements. 4. A Homeowner's Agreement, if one should be adopted, shall be reviewed by Staff and may be reviewed by the City Council. All Conditions, Covenants and Restrictions (CCR's) shall be submitted to the Staff for review and comment prior to' recording of the Final Plat. 1 5. Phase. I shall be subject to Site Design Review by Staff prior to the issuance of Building Permits. 6. Necessary right-of-gray dedication on 135th'A'venue shall be made as directed by the Public Works Director. Half-street improvements to Collector Street Standards shall be made.for the full length of front- ,_ age on Tac Lots 200, 300, and 400 on Map 1S1 33DC. A Local Improvement District may be considered for this installation initiated by the developer and supervised by the City of Tigard. All construction in the public right-of-gray shall be approved by the City prior to t, b- Comneacement of work. 'z PH:639-4171 12420 S.W.MAIN P.0. BOX 23397 TIGARD,OREGON 97223 . f Mr. Russell Krueger June 25, 1980 Page 2 7. A Variance from the 10,000 square foot requirement for duplexes in a R-5 Zone is hereby granted by the Planning Commission. Minimum duplex lot sizes in this development may not be less than 8,000 square feet. Refer to Condition #3 above for further clarification. 8. Dedication of 3.4 acres to the City of Tigard shall be made for City Park purposes. A meets and bounds legal description for this property shall be provided at the time of submission of the Final Plat. 9. Emergency vehicle access to the apartment units will be resolved when Phase II is presented to the Planning Commission. 10. Consideration shall be given to Tax Lots 400 and 401 to the east of proposed "A" Street off-site. Temporary driveways or some alternate means of service should be considered. 11. All public local streets shall be fifty (50') foot dedicated rights-of.- way with thirty-four (34') feet of paved surface. All collector streets shall have sixty (60') foot dedicated rights-of-way with paved surface to be determined by the Public Works Director, and sidewalks on both sides of the street. Actual placement of sidewalks shall be resolved through Site Design Review with the Public Works Director. 12. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspez-' tions verifying this have been carried out by the appropriate department. 13. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Depart- sent and the minor land partition is approved and recorded. 14. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 15. Grading plans and construction plans on all public rights-of-way shall be submitted and approved by the Public Works Director prior to com- mencement of work. 16. Public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. s ,.17. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by.the Public Works Director. 4 I8. No Building Permit shall be issued until the expiration of the twenty J' (20) day appeal period from the date of approval. :4 Mr: Russell Krueger 1 • Page 3 / 19. Improvements may be bonded prior to issuance of Building Permits. 20. That street improvements be constructed to the approval of the Public Works Director prior to, the recording of the Final Plat or issuance of a Building Permit. i 21. On-site drainage plans for drainage during construction shall be approved by the Public Works Department prior to commencement of any construction. If you have any questions regarding this matter, please feel free to ,contact me. Sincerely, Doris Rartig City Recorder DMslm Bnc. Notes The following acknowledgement must be received by the City of Tigard with- in fourteen (14) days of your receipt of this letter. Failure to return this acknowledgewmt may. result in action by the City of Tigard. I hereby acknowledge this letter documenting the action of the Tigard City, Council. I have received. and rethis letter and I agree to the decision here documented. ad A" to abide by.any terms and/or conditions attached. Signature (applicant) Date Signature owner Date rt -� x'atv�1... +ia. _ $`.a�..._ _ _ _ . .Y-' r.SX �J,.. .;.+t ✓yH1x - a+k �Y4,. CITY OF TIGARD, OREGON ORDINANCE NO. 80-_J'L AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE. (Winter Lake) PLANNING DEPAR1=NT REFERENCE INFORMATION: Tax Map 1S1 33D, Tax Lot 300 AND Tax Map lS1 33DC, Tax Lots 100, 300, 400, and 500, Project Address East of 135th Avenue between Scholls Ferry Road and walnut Street, File Numbers ZC 29-79a/ZC 29-79b, Present Zoning Designation Washington County RS-1, Zone changed to City of Tigard R-5 "Single Family Residential" AND City of Tigard A-12 "Multifamily Residential", Applicant Russell Krueger/Winter Lake. THE CITY'OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described are now classified as Washington County RS-1, and further findings that pursuant to procedures, tha abovestated application for a zoning map amendment was presented at a public hearing held by the Tigard Planning Commission on May 20, 1980. All interested persons were afforded an opportunity to be heard at this public hearing and tl;f.rs#Afte;r the Planning Commission filed its report with the City Remriar, a copy hereto attached and by reference made a part of. The Council adopts the following substantive findings: A. that' this application is in conformance with the R-5 "Single . Pamily.Residential" AND A-12 "Multifamily Residential" designation an the NPO i7 Plan which is a portion of the adopted Tigard Comprehensive Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an amendment to the Zone Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B", and "CO attached and mads a part of this Ordinance. Exhibit "A": - Legal Description, Exhibit "B": - Tax Map, Exhibit"C": - Staff Report And further subject to the following conditions: (� 1. ':Phase II = ZC 29-79a (apartment's) shall be brought.before the Planning Commission at a later date. ORDINANCE NO. 807SM_ .29-79a,/ZC 29-79b 2. Phase I - ZC 29-79b (R-5) shall comply with the requirements of the Tigard Municipal Code, Chapter 17, Land Partition Ordinance_ 3. Actual construction On each single family or duplex (attached single family) lot shall be resolved relative to configuration, zero lot line, and setback requirements on the Preliminary Plat Plan. This Plan shall be cleared with the Building Department and Public Works Department prior to consideration of the Final Plat. It shall be clearly noted what is to be constructed on each/every lot in Phase I to avoid differences at the construction stage. Also zero lot line on each/every lot would conflict with requirement for easements. 4. A Homeowner's Agreement, if one should be adopted, shall be reviewed by Staff and may be reviewed by the City Council. All Conditions, Covenants and Restrictions (CCR's) shall be submitted to the Staff for review and comment prior to recording of the Final Plat. 5, Phase I shall be subject to Site Design Review by Staff prior to the issuance of Building Permits. 6. Necessary right-of-way dedication on 135th Avenue shall be made as directed by the Public works Director. Half-street improvements to Collector street Standards shall be made for the full length of frontage on 135th Avenue. These improvements shall be made including the frontage on Tax Lots 200, 300, and 400 on Map 1S1 33DC. A Local Inprovement District may be considered for this installation initiated by the developer and supervised by the City of Tigard. All construction in the public right-of-sway shall be approved by the City prior to commencement of work. -7. A Variance from the 10,000 square foot requirement for duplexas in a R-5 Zone is hereby granted by the Planning Commission. Minimum duplex lot sizes in this developuont may not be less than 8,000 square fe9t. I"fer to Condition #3 above for further clarification. S. Dedication of 3.4 acres to the City of Tigard shall be made for City Park puzpases. A metes and bounds legal description for this property shall be provided at the time of submission of the Final Plat. 9. Emergency vehicle access to the apartment units will be resolved when Phase II is presented to the Planning commission. Jo. Consideration shall be given to Tax Lots 400 and 401 to the east of Proposed "A" Street off-site. Temporary driveways or some alternate means of service should be considered. . ,s 11. All public local streets shall be fifty (50') foot dedicated rights-of-sway with thirty-four (3411) feet of paved surface. All collector streets shall have sixty (601) foot dedicated rights-of-way with paved surface to be determined by the Public Works Director, and sidewalks cn both sides of the street. Actual placement of sidewalks shall be resolved through Site Design Review with the Public Works Director. ORDINANCE SO- - ZC`29-79a/ZC 29-79b Page 2 5s 12. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 13. No minor land partitions shall be made in reference to this project unless formal application is made to the city of Tigard Planning Department and the minor land partition is approved and recorded. 14. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 15. Grading plans and construction plans on all public rights-of-way shall be submitted and approved by the Public Works Director prior to commencement of work. 16. Public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. 17. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Director. (-a. No Building Permit shall be issued until the expiration of the twenty (20) day appeal period frau the date of approval. 19. zaprovements may be banded prior to issuance of Building Permits. 20. That street improvements be constructed to the approval of the Public Works Director prior to the recording of the Final Plat or issuance of a Building Permit. 21. On-site drainage plans for drainage during construction shall be .approved by the Public Works Department prior to ca m+encepent of any construction. SECTION 3: This Ordinance shall be effective immediately after its passage by the Council and approval of the Mayor. PASSED: By u Nahi ave vote of all Council members present this day of }� , 1980, after being read two times by number and title only. A. Recorder - City of Tigar APPROVED: By the Mayor this 1 day of V80. 0 Of Mayor - City of Tigard ORDINANCE NO. 80-jg5�_ 2C 29-79a/ZC 29-79b Page°._3 CITY OF TIGARD, OREGON / 1 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January IV, 1987 DATE SUBMITTED: ISSUE/AGENDA TITLE: SW Walnut Place PREVIOUS ACTION: Parking Restriction Ordinances (2)__ PREPARED BY: Engineering Division DEPT HEAD OK_; 2-BITY ADMIN OK REQUESTED BY: Adjacent property owners and Engineering POLICY ISSUE INFORMATION SUMMARY l..) The attached ordinances (2) propose modification of existing parking regulations along SW Walnut Place and the implementation of further restrictions. Certain adjacent property owners requested the modifications for traffic safety reasons. Most area property owners and tenants were given the opportunity to comment on the proposal and those who responded support staffs recommendation below. It should also be noted that the Police Department has reviewed the proposal and also supports its recommendations. 2.) Both of the attached ordinances need to be enacted, or discarded, together; one impacts the other and both impact (modify) existing parking restriction ordinances now in effect along said street. The attached map(s) more clearly illustrates what is being proposed by implementation of the two ordinances. ALTERNATIVES CONSIDERED 1.) Do nothing to modify the existing parking restrictions along SW Walnut Place. This alternative is not recommended by staff. 2.) Modify the existing regulations, and the attached proposed ordinances, to prevent all parking along said street. This alternative is not recommended by staff. 3.) Pass both Ordinances, modify existing "limited time" and "not at any time" parking restrictive areas. FISCAL IMPACT SUGGESTED ACTION 1.) PASS THE ORDINANCE TITLED: An Ordinance amending subsection 10.28.090(1)(F) of the Tigard Municipal Code, relating to limited time parking on SW Walnut Place, declaring an emergency and fixing an effective date. . . ( 2.) ALSO PASS THE ORDINANCE TITLED: An Ordinance amending subsection 10.28.130(49) of the Tigard Municipal Code, relating to prohibited parking at any time on SW Walnut Place, declaring an emergency and fixing an effective date. JH:cn/0351W Y l c cn LLJ OA r d •r � Cp N reN O O Q -:^ Q r d 12 LJ N. � N O W Q ~O Z 'a. c O O N U. 0 Ory X17 _ Ln Q a • g IL ;O+t" r, L !' CQ4 . O fiw•. ' � tD U. Z ` h E a � `` a� �� IL"tom., �_:'•• � 1'�' , t •ter p \ 1loll u � O Q b O AL r, t 4' a LL Lhi N `3 p Z YO d ti �f N,✓� ` O V LLJ 2 Y w �'� fw F- N o � < < - LLJ = LAJ x C U fr Z a LL \ p N _ V J � r• �1,J Q W p 00 11. y N � IIIIII� o ' ==T - �Sti v /i Illllllil „ LLJ 0 4q Olo �1 r, Nrl gi CITY OF TIGARD, OREGON ORDINANCE NO. AN ORDINANCE AMEBIDING SUBSECTION 10.28.090 (1) (F) OF THE TIGARD MUNICIPAL CODE, RELATING TO LIIdITED TIME PARKING ON S.W. WAIMH PLACE, DECSLMU3C AN EFURGMCY AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOAS: Section 1: That Subsection 10.28.090 (1) (F) of Section 10.28.090 of Chapter 10.28 of the Tigard Municipal Code, relating to locations where parking is limited during certain hours, be, and the same is hereby amended to read as follows: 1110.28.090 Two-hour time limit. No person shall park or leave standing a vehicle of any kind or character, whether motorized or not, continuously in excess of two hours, except on Sundays and holidays, on the following public streets and highways, or portions thereof, during the hours herein specifically designated: (1) BETWEEN EIGHT A.M. AND FIVE P.M.: (F) Within the southwest half of S.W. Walnut Place beginning at a point which lies one hundred seventy five feet along the curbline frau S.W. Pacific Highway, thence, _ extending southeasterly ninty feet therefrom." Section 2: That the City Administrator be and he is hereby authorized and directed to cause to have the areas in which parking is restricted as above set forth suitably posted in the manner provided by law. Section 3: Inasmuch as this parking restriction is necessary to protect the health, safety and general welfare of the public and in particular pedestrians on said street an emergency is recognized to exist and is hereby declared and this ordinance shall became effective immediately upon passage and approval by the City Council. PASSED: By vote of all Council mEmbers present after being read by number and title only, this day of , 19_ Deputy Recorder APPROVED: This day of , 19 Mayor ORDINANCE NO. V I CITY OF TIGARD, CRBGON " ORDINANCE NO. AN ORDINANCE AMBmING SUBSDCTICN 10.28.130(49) OF THE TIGARD MUNICIPAL CODE, RELATING TO PROHIBITED PARKING AT ANY TIME ON S.W. VMLNUT PLACE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Subsection 10.28.130 (49) of Section 10.28 .130 of Chapter 10.28 o8 rhe Tigard Municipal Code, relating to locations where parking .is prohibited at any time, be, and the sane is hereby amended to read as follows: "10 28 130 Prohibited at py time. No person shall at any time park or leave standing a vehicle of any kind or character, whether motorized or not, and whether attended or unattended, within the following defined portions of public streets and highways within the City: (49) Within the northerly half of S.W. Walnut Place; also, within the southwest half of S.W. Walnut Place beginning at S.W. Pacifir,H g1wV and•thence, extending a distance of one hundred seventy five feet southeasterly along the curbline." Section 2: That the City Administrator be and he is hereby authorized and directed to cause to have the areas in which parking is prohibited as above set forth suitably posted in the manner provided by law. Section 3: Inasmuch as this parking prohibition is necessary to protect the health, safety and general welfare of the public and in particular pedestrians on said street an emergency is r'eeognized to exist and is hereby declared and this ordinance shall became effective 3mdediately upon passage and approval by the City Council. PASSED: By vote of all Council members present after being read by number and title only, this day of 19_. Deputy Recorder APPROVED: This day of , 19—. Rf{ ORDINANCE NO. Naylor MEMORANDUM CITY OF TIGARD, OREGON T0: Honorable Mayor and City Council January 9, 1987 FROM: Loreen Wilson, Recorder U—�-) SUBJECT: Council/Budget Committee Meeting Calendar Draft The following meeting dates and times are for discussion at this time. DATE MEETING LOCATION 1/5 Monday MEETING CANCELLED — — 1/12 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 1/14 Wednesday 12:00 Noon Business Agenda TH 1/19 Monday 6:30 Study Session/8:00 Study Agen,`z THCR & TH 1/20 Tuesday 7:00 Budget Committee Training Wor�s,iop Police Squad Rm 1/23 Friday 6:00 PM Council Goals Workshop Shilo Inn/Tigard 1/24 Saturday 9:00 AM — 5PM(?) Council Goals Workshop Shilo Inn/Tigard 1/26 Monday 6:30 Study Session/7:30 Business Agenda THCR & TH 1/27 Tuesday 12:00 Noon Contract Review Board & Council — Bond Bid Award THCR 2/9 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 2/16 Monday 6:30 Study Session/8:00 Business Agenda THCR & TH 2/23 Monday 6:30 Study Se33ion/7:00 Business Agenda THCR & TH 3/9 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 3/16 Monday 6:30 Study Session/8:00 Business Agenda THCR & TH 3/23 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 4/11 Saturday 9:00 AM Council Workshop THCR 4/13 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 4/20 Monday 6:30 Study Session/8:00 Business Agenda THCR & TH 4/21 Tuesday 7:00 Budget Committee THCR 4/27 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 4/28 Tuesday 7:00 Budget Committee THCR 5/4 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 5/5 Tuesday 7:00 Budget Committee THCR 5/11 Monday 6:30 Study Session/8:00 Business Agenda THCR & TH 5/12 Tuesday 7:00 Budget Committee THCR 5/18 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 5/25 Monday MEMORAIAL DAY HOLIDAY 6/8 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH 6/15 Monday 6:30 Study Session/8:00 Business Agenda THCR & TH 6/19 Friday Council Training Workshop 6/20 Saturday Council Training Workshop r 6/21 Sunday Council Training Workshop 6/22 Monday 6:30 Study Session/7:00 Business Agenda THCR & TH lw/4474A r s s CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 19 1987 DATE SUBMITTED: January 12, 1987 ISSUE/AGENDA TITLE: Police School PREVIOUS ACTION: Resource Offi er Pro ram Contract — Tigard School trict _ PREPARED BY: David C. Lehr DEPT HEAD OK ZVCITY ADMIN OK REQUESTED BY: David C. Lehr POLICY ISSUE Whether the City of Tigard should contractually and jointly operate a School Resource Officer Program with the Tigard School District. R+' INFORMATION SUMMARY The City of Tigard and the Tigard School District has discussed the desirability of jointly operating a School Resource Office Program within the School District. The program is designed to: Interdict the narcotics trafficking and abuse on district campuses; enhance the image of law enforcement in the district; provide an atmosphere of safety and security on district campuses; and to enforce applicable criminal statutes through investigation and arrest. The program utilizes two sworn Tigard Police officers assigned full time to the School District. Preliminary results of the program since September, 1986 have been extremely favorable. Ratification of this contract formalizes the program. CL ALTERNATIVES CONSIDERED 1. Ratify the contract with an effective date of September 1, 1986 and an expiration date of June 30, 1987, 2. Renegotiate the contract. 3. Deny ratification or the contract and terminate the program. FISCAL IMPACT 1. $27,219 ($91,052 total cost — $63,833 reimbursement from Tigard School District). 2. ? 3. $0 SUGGESTED ACTION Staff would recommend Alternative #1. DCL:sb/0396W F� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 19 1987 DATE SUBMITTED: January 12, 1987 ISSUE/AGENDA TITLE: Police PREVIOUS ACTION: Dispatching and Police Services Contract — Ci f Ki Cit PREPARED BY: David C. Lehr DEPT HEAD OK CITY ADMIN OK REQUESTED BY: David C. Lehr POLICY ISSUE Whether the City of Tigard should contractually provide police dispatching and police services to the City of King City. INFORMATION SUMMARY The City of King City has been provided police services, by contract, by the Washington County Sheriff. By a decision made last year the City of King City ended its contractual relationship with the sheriff and formed its own Police Department that became operational on July 1, 1986. The City of King City is desirous of having the dispatch function provided by Tigard and Tigard Police Department responding to emergency calls in King City when no King City officer is on duty. Continued provision of dispatching and police emergency response service to King City would be subject to year—to—year review and adjustment of the cost of providing service dependent on King City's call volume and Tigard's dispatching cost. The Police Department would recommend support of the proposal in a spirit of inter—jurisdictional cooperation and mutual benefit to both cities. ALTERNATIVES CONSIDERED 1. Ratify the contract with an effective date of 1/1/87 and a termination date of 6/30/87. 2. Renegotiate the contract. 3. Deny the ratification of the contract. FISCAL IMPACT 1. $4,330 annual revenue to the City. 2. ? 3. --0— SUGGESTED ACTION Staff recommends adoption of Alternative #I. t c DCL:sb/0393W a..