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City Council Packet - 06/08/1999
M c)( ' OREGON TIGAR CITY COUNCIL MEETING JUNE x,1999 COUNCIL MEETING WILL TELEVISED i i i i ~i 1AADMV ESSICA\CCPKTI .DOC 3 a a 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 "Revised on 613199 CITY OF TIGARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7.30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639.4171, Ext. 309 (voice) or 684.2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • .Qualified sign language interpreters for persons with speech or hearing impairments; and Y Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639.4171, x309 (voice) or 684.2772 (TDD - Telecommunications Devices for the Deaf;. SEE ATTACHED AGENDA COUNCIL AGENDA - JUNE 8,1999 - PAGE 1 TIGARD CITY COUNCIL MEETING JUNE 8,1999 AGENDA 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > CITY ATTORNEY TRAINING: ELECTIONS > DISCUSS PROCESS: CITY MANAGER'S REVIEW > REVIEW CORLISS CONCERNS REGARDING TIGARD TRIANGLE STANDARDS 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: April 27,1999 3.2 Receive and File: i a. Council Calendar a b. Tentative Agenda 3.3 Adopt Policy on Placing Memorials in City Park Facilities within City-Owned i Properties and for City Buildings - Resolution No. 99- 3.4 Amend Council Groundrules - Resolution No. 99- 3.5 Adopt Tualatin Valley Fire and Rescue Ordinance 99-01 and Repeal City of Tigard Resolution No. 97-32 - Resolution No. 99- 3.6 Approve Cost of Living Adjustment for ManagemenVSupervisory/Confidential Group Employees Effective July 1, 1999 - Resolution No. 99- COUNCIL AGENDA - JUNE 8,1999 - PAGE 2 3.7 Approve Washington County Inter-Library Information Network (WILinet) Intergovernmental Agreement 3.8 Approve Washington County Cooperative Library Services (WCCLS) Intergovernmental Agreement 3.9 Approve Budget Adjustment No. 9 for Acknowledgement of Insurance Funds Received from a Damaged Police Vehicle and Appropriation of Funds to Replace the Vehicle - Resolution No. 99- 3.10 Approve Budget Adjustment No. 10 for Consulting Fees for a Feasibility Study of a New Recreation District - Resolution No. 99- 3.11 Adopt Resolution to Support Magno Humphries' Efforts to Obtain a Loan from the Oregon Economic Development Commission - Resolution No. 99- 3.12 Local Contract Review Board a. Award Contract for the Construction of SW 106th Avenue and Johnson Street Sanitary Sewer Extension to Venture Construction, Inc. b. Award Contract for the Construction of SW Grant Avenue Improvements to Sight Excavation, Inc. C. Award Contract for the Construction of Walnut Street and Tiedeman Avenue Intersection to Benge Construction Company d. Award Contract for the Construction of SW 116th Avenue Storm Drainage Improvements to Venture Construction, inc. e. Award Contract for the Reconstruction of Pathways for Jack Park & Englewood Park to Sun Quest Construction • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. PUBLIC HEARING - VACATION OF APPROXIMATELY 9,381 SQUARE-FOOT PORTION OF THE SW ROSS STREET RIGHT OF WAY, EAST OF SW HALL BOULEVARD a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Applicant, Proponent, Opponent, Neutral, Rebuttal e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 99- 5. UPDATE: WATER CONSERVATION PROGRAM • Public Works Department COUNCIL AGENDA - JUNE 9,1999 - PAGE 3 6. PUBLIC HEARING (CONTINUED FROM MAY 11, 1999) - MODIFY METRO GREENSPACES INTERGOVERNMENTAL AGREEMENT a. Public Hearing Continued b. Staff Report C. Public Testimony d. Council Questions G. Close Public Hearing f. Council Consideration: Resolution No. 99- 7. CONSIDER REQUEST FOR PACIFIC RIDGE TO USE CITY PROPERTY FOR PRIVATE WETLANDS MITIGATION • Community Development Department • Council Consideration: Motion to Allow Pacific Ridge and the Specht Development Company to Use City Property for Private Wetlands Mitigation 8. UPDATE: WASHINGTON COUNTY AND INTEL CORPORATION TENTATIVE AGREEMENT ON A STRATEGIC INVESTMENT PROGRAM APPLICATION • City Administration 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 12. ADJOURNMENT I:1AD M\C AT HY\CC A\990608. D 0C COUNCIL AGENDA - JUNE 8,1999 v PAGE 4 Agenda Item No. TIGARD CITY COUNCIL Meeting of MEETING MINUTES - JUNE 8, 1999 • STUDY SESSION > Meeting was called to order at 6:33 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Recorder Catherine Wheatley; City Engineer Gus Duenas; Community Development Director Jim Hendryx; Legal Counsel Tim Ramis; Utility Manager Mike Mills; Water Conservationist Kim Swan > AGENDA REVIEW o Bill Monahan, City Manager, informed the Council that the applicant, Craig Petrie, requested setting Agenda Item 7 over to the June 22 meeting. Country Daze Parade Mr. Monahan mentioned that a representative from the Tigard Recreation Association would probably speak tonight under Visitor's Agenda to request Council support of the Country Daze parade. He said that this group told staff that it had $2,500 left in its account and needed Public Works staff and the Police to work the parade. He stated that staff estimated the staff costs at $1,834 for Public Works staff and $2,000 for police. He pointed out that the group intended to hold only the parade. The Council discussed possible parade routes. Mayor Nicoli suggested having the parade start at City Hall, go up to Main Street and then down Commercial to end at Thelma Humphrey's lot across the street. He pointed out that both Main and Commercial had new sidewalks and more room for people to stand and watch than Hwy 99W. Councilor Moore mentioned his concern for parking. Councilor Hunt suggested that, if the Council rode in the parade and threw candy to the kids, that the Councilors take along enough candy to last the entire parade route instead of running out after one-third of the way along the route like they did last year. Councilor Scheckla suggested another alternate route going down in front of the Chamber and ending at St. Anthony's. He noted that there was sufficient parking there. ® Item 3.10 Mr. Monahan explained that Item 3.10 on the Consent Agenda (the consulting feasibility study for the new recreation district) was the budget adjustment needed to authorize staff to expend the funds tentatively approved by Council at a study session. He said that staff held off on this until they knew what the County was going to do. He stated that the County Administrator gave him an IGA granting $25,000 to go with the City's $10,000 to pay for the study. He noted that the City would have control of the contract. Mr. Monahan reported that the consultant scaled down the project after heering Tualatin would not participate. Mayor Nicoli noted that the Tigard-Tualatin School District agreed to participate. He mentioned that Sherwood unofficially agreed also. Councilor Hunt stated that he would pull this item for discussion. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 1 • Mr. Monahan informed the Council that the citizens concerned with the greenspaces item wanted to testify again. He advised the Council that it was not obligated to take testimony but it could if the Councilors wanted to do so. ® Mr. Monahan noted the corrected pages for Items 3.3 and 3.4. Councilor Patton questioned the wording in Item 3.3, #3, second sentence. Mr. Monahan agreed that it should read "In addition, the City Council on its own motion may consider naming a building or a park." Mr. Monahan noted that Mr. Corliss and Mr. Szambelan might testify tonight regarding the issues they raised on the SW 69'h Avenue LID. Gus Duenas, City Engineer, confirmed that the main issue was the placement of the sidewalks: curb-tight versus separated from the curb by a landscaping strip. Mayor Nicoli asked if the situation in Mr. Corliss' case was that the existing sidewalks abutting his property were curb-tight and the Triangle standards now required separated sidewalks. Jim Hendryx, Community Development Director, stated that Mr. Corliss had no sidewalks along his property. He mentioned that installation of the sidewalks would require removal of the plantings Mrs. Corliss put down the bank. SW 79`h LID Mr. Monahan advised Council that staff had some proposed modifications to the proposed SW 79"' Avenue improvements. Councilor Patton reported that a neighbor on Ashford contacted her regarding the neighborhood's unhappiness with the expansion of SW 79"' Avenue. She said that she told the neighbor that it was not a done deal, and that there was plenty of time and opportunity during the process for citizen input. She asked staff for any additional information available at this time which she could pass on. She mentioned the neighborhood issue as additional traffic on Ashford. Councilor Moore commented that he has had similar conversations. Mr. Duenas mentioned the two neighborhood meetings at which staff has taken citizen input. He said that staff narrowed the road width from 40 feet to 34 feet because the neighbors did uoi' want parking on either side. He pointed out that additional traffic was a common complaint with street improvements. He stated that staff intended to review the changes with the neighborhood at another meeting. Mr. Monahan suggested that Mr. Duenas prepare an information sheet to give to all the Councilors. Councilor Hunt suggested announcing publicly the procedure which the City would follow for this matter. Mr. Duenas said that he would prepare a memo for the Council and schedule an agenda information item. Mr. Duenas discussed the two modifications to the SW 79`h Avenue proposed improvements. He explained that staff went into this contract with a lot of unknowns, such as how the drainage would be handled, where the retaining walls would be located, or what kind of analysis would be required. He indicated that staff knew that they would have to negotiate amendments to the Century West contract once they had more information on what they needed. He pointed out that the aggregate amount of these amendments was getting high. Mr. Duenas noted that staff negotiated the first two proposed amendments as the design process got to a certain stage. He explained that they needed to negotiate the third amendment for an LID analysis because the proposed amount was too high for the limited amount of work left to be done in determining the LID boundaries. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 2 Councilor Patton raised the issue of neighbors' being unaware of non-remonstrance agreements on their property. Mr. Duenas confirmed that the non-remonstrance agreements were against the individual properties, not the developer. The Council discussed the problem of developers not informing homeowners (when they bought the homes) of non-remonstrance agreements against the properties. Mayor Nicoli spoke to recording non-remonstrances against the deed so that a title search would pick them up. Tim Ramis, City Attorney, noted that title companies were starting to look for such agreements now. He mentioned a current debate on whether or not jurisdictions should develop in-house programs to track non-remonstrance agreements. He noted the problem of whether or not establishing a system to track new agreements meant that jurisdictions voided the old agreements that were not part of the system. Mr. Duenas observed that some of the developments along SW 79"' did not do the street improvements that they should have done because the City saw no sense in requiring half-street improvements that would be torn out when the City did the realignment of the entire road. Councilor Moore commented that he understood the need to execute the agreements but reiterated that the problem was that the homeowners did not know about them when they purchased their properties. Mr. Duenas mentioned that the homeowners claimed that the developer did not discount the houses. Mr. Monahan mentioned that the City heard the same arguments in 1986 with the SW 1351' LID. Mr. Duenas confirmed that the proposed study would provide a list of the properties involved in the potential LID. Councilor Patton commented that a potential SW 79"' LID would include properties with access to SW 79"' but not necessarily on SW 79". Councilor Hunt observed that a similar situation of homeowners not knowing what they were getting into occurred with the issue of private streets. He noted that the City tried to remedy that situation. He spoke in support of Mayor Nicoli's suggestion to find a way to better inform homeowners at the time of purchase of non-remonstrance agreements against the properties. Mr. Duenas asked Council if it wanted to authorize the City Manager to sign the two amendments or have staff bring them back as a future agenda item. He reviewed the specifics of the amendments for a short-term traffic impact study and drainage issues. He pointed out that the agreed upon study would include 20 year traffic projections but the neighbors wanted to know what the impact would be immediately after completion of the improvements. He said that he thought such a study was necessary to allay neighborhood fears. Councilor Scheckla asked for clarification of Item 3 in Amendment 1 regarding the retaining walls analysis. Mr. Duenas explained that staff needed a geotechnical analysis of the soils in order to. determine where to place these 8' to 10 ` tall retaining walls. Councilor Scheckla asked if the height of these walls conflicted with the fence standard. Mr. Duenas said no. He pointed out that these walls would hold up the slope. He commented that staff knew from the beginning that the project needed these walls but they decided not to negotiate that item until after the consultant did the soils analysis and determined the number and location of the walls. Mr. Monahan stated that staff wanted the Council to know of these changes because of their magnitude and the increasing controversy with the project. The Council agreed by consensus to direct staff to proceed with the amendments. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 3 > COUNCIL TRAINING SESSION Election Limitations Mr. Ramis reviewed the "Dos and Don'ts" for Council with regard to elections. He said that Councilors could take public positions on measures and that the public expected them to do so. He discussed extensively the prohibition against using public employees or other resources to advocate for or against a measure. He emphasized that any statements of employees had to be neutral. He referenced the Burke v. Blumenhauer case in which the court found the Multnomah County Commissioners personally liable for using County resources to create a brochure advocating for fluoridation of water. Councilor Hunt asked if the City Attorney's Office reviewed Cityscape articles on water issues. Mr. Monahan said that they would start doing so now that they were into the election period. Mr. Monahan asked if Councilors making position statements during a Council meeting (where staff members were present and City resources being used) was a problem. Mr. Ramis said that, during a Council meeting, the Councilors had broad license to say what they thought and to advocate for issues. He cautioned the Council to ask staff only questions for which staff could give a neutral answer. He mentioned a difficult situation in which a staff member was so connected with an issue that it was virtually impossible for him or her to be in a neutral position. He referenced Ed Wegner and the water issue. Mr. Ramis reminded the Councilors to form PACs to finance their campaigns and to follow all reporting requirements. Councilor Hunt asked if, legally, he could give $100 to a PAC and ask the PAC to pay for a letter he wrote for the voter's pamphlet, and then deduct the $100 off his income tax. Mr. Ramis said that he thought that a Councilor would be allowed as a person to write a letter and to make a deductible contribution. Mr. Ramis reviewed the prohibition against public employees promoting or opposing any measure while on the job during working hours. He advised caution in the difficult situation of employees working at night or other meetings. The Council discussed the situation with Mr. Wegner and the water issue. Mr. Ramis conceded that, technically, Mr. Wegner could advocate on the water, if it was on his own free time. He pointed out, however, that the City could not credibly draw a line with regard to Mr. Wegner because he was so connected to the issue. Mr. Monahan mentioned that, in the past, staff has handled this by separating the roles. Staff gave the factual presentation at a meeting and then turned it over to a Councilor. Mr. Ramis commented that when situations were that close to the line, the City Attorney and City Manager consulted to sort out the situations. Mr. Ramis cautioned the Council not to criticize employees for taking positions on measures outside of working hours, as they had the right to do. He explained that once a Councilor criticized an employee for exercising that right, the City became open to civil rights actions. He also mentioned not asking employees to assist in campaigns on their own time, although they could volunteer if they chose to do so. He said that he had seen this situation in another jurisdiction but people were more careful about it now. He commented that the prohibition was in the statute because there was a history of employees being unfairly pressured. Mr. Ramis noted that public employees could wear political buttons expressing an opinion, a right granted through case law on first amendment rights. He mentioned that the only exception was uniformed officers because the City could prescribe what was or was not appropriate for the uniform. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 4 e, 1 o Training on recall of a public officer Mr. Ramis reviewed the four points in the process involved in the recall of a public officer. He said that, first, there was a carefully proscribed formal petition form that a citizen had to file with the City. Then the citizens had 90 days to gather 15% of the total votes cast in the previous gubernatorial election. The City then had a short time period within which to verify the signatures. He said that the final step was the public officer with a recall petition against him/her submitting a statement of 200 words to the clerk, justifying his/her course of action, for publication on the ballot. He mentioned that the election would be held at the next available election, whether special or regular. Councilor Scheckla asked what 15% of the vote would be. Mr. Monahan said it was in excess of 1,800. o Training on the ethical responsibilities of City Attorneys Mr. Ramis stated that City Attorneys were subject to the same rules regarding potential conflicts of interest as outside counsels were. He emphasized that a lawyer could not advocate for two clients when he/she was required to advocate for one client and then to oppose that position with another client. He explained that their first line of defense was a conflict check within the office and their second line was maintaining a network of contacts with other City Attorneys so that someone else could sit in for the City Attorney, should a conflict situation arise. Mr. Ramis explained that no amount of disclosure, waiver or consent letters could cure a situation of "actual conflict" (where the objective interests of the clients were adverse). Attorneys had to withdraw from those situations. He said that, in situations where someone approached the City, and his firm had represented them previously on an unrelated matter but did not have an open file on that client, the Bar rules found no conflict or prohibition on his firm continuing to represent the City. Mr. Ramis mentioned that it was his firm's practice to inform the Council of past client relationships. He pointed out that his firm did not get phone calls from parties adverse to the City because it was well known that they represented the City. Mr. Ramis reviewed the third situation in which his fin°n had an open file on someone involved in a legal matter with the City for which his firm represented the City. He cited the recent example of his firm representing Albertson's on an unrelated real estate matter when the negotiations for the Albertson's donation of open space to the City began. He said that his firm sought the consent of both Albertson's and the City to continue to represent the City in the negotiations, as the law required them to do. > ADMINISTRATIVE MATTERS • ODOT Agreement Mr. Monahan reviewed the Council direction to staff to get a cap from ODOT on the City's expenses in the water line relocation bid. He mentioned that the language to develop a process for the City to give input was the best he thought that they could get from ODOT. Mr. Ramis agreed that the City was not likely to get any better language. He mentioned his discussions with the Attorney General's Office. He said that ODOT recognized the possibility of an unbalanced bid. He explained that they put the responsibility on the City to review the TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 5 contract, to bring an ur'. plan{;cd bi,` to their attention (should that occur), and to advocate for balancing the bid. He sa-d that ODOT has agreed to examine the bid, and if it was unbalanced, to adjust it with their rioney siace they could not make a change with the contractor. He mentioned that the C y had to trust that ODOT would be fair. He commented that, with this project, he has found the people working with the City open and willing to find solutions. ,r Councilor Scheckla asked if this situation has happened at ODOT before. Mr. Ramis said that the staff he worked with at ODOT believed that it had happened before, although the Attorney General's Office cou'J find no officious contract language developed to address this situation. He said that he su.spcc,.ad that it has happened before informally but this was the first time they have extended this right in writing to anyone. Mr. Monahan commented that staff did not get the dollar cap requested by the Council but they did get a good faith process. Mr. Ramis confirmed that ODOT was not willing to grant a cap because the engineers thought there was too great a risk of an imbalance in Tigard's favor. Councilor S cheekla asked when ODOT would complete Tigard's portion of the project. Mr. Monahan said this process would occur quickly with construction taking place in September. Mr. Duenas asked if the bid used a lump sum or a unit price per lineal feet. Mr. Monahan explained that the City was providing the pipe, ODOT was providing the labor. The Council agreed by consensus to direct staff to proceed with the ODOT agreement. • Mr. Monahan reported that a Tigard citizen, Mary Wells, has volunteered to be a mediator in the Beaverton Mediation Program (which Tigard participated in) He mentioned the training cost involved and recommended that the City pay for her training, as they had done for their other mediator, Wendi Hawley (currently inactive). • Mr. Monahan informed the Council that six to seven candidates for the Finance Director position would be interviewed on Friday. He mentioned that they had a good pool from their national and state-wide advertisement in the Municipal Finance Officers Association Newsletter plus people who picked up on the Internet that the position was open. He confirmed to Councilor Hunt that they had no in-house candidates. • Mr. Monahan informed the Council that the supplemental budget request for the Metro greenspaces fell tluough the cracks during Mr. Lowry's departure. He explained that there was not sufficient time to provide adequate notice of this supplemental budget request prior to the June 22 Council meeting. Lack of sufficient notice potentially could get the City into trouble with the avditors and the State. He recommended holding a special meeting on June 29 solely for the purpose of discussing this supplemental budget request. The Council discussed the recommendation. They agreed to hold the meeting on June 29 at 6:00 p.m. • Mr. Monahan advised the Council that Bruce Ellis granted both the H20K group and the Citizens for Safp Drinking Water booths at the Balloon Festival. He mentioned that City staff would work a City booth also. > Mayor Nicoli adjourned the study session at 7:35 p.m. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 6 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:39 p.m. 1.2 Roll Call Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items Mr. Monahan mentioned the issue raised by Mr. Corliss regarding the Tigard Triangle standards as a possible non-agenda item. The Council agreed to the Mayor's request to hear the item immediately after Agenda Item 3. 2. VISITOR'S AGENDA Mayor Nicoli explained that the Council would allow those here to speak on an agenda item to give a two-minute presentation during that agenda item, as opposed to during the Visitor's Agenda. 2.1 Bill Tanner, 791' Avenue Neighborhood Mr. Tanner said that he had several questions regarding the SW 79th Avenue project. Mayor Nicoli asked Mr. Tanner to submit any questions in writing to the City Manager who would provide written responses to those questions. He indicated that Mr. Tanner could make comments or give input at this time. Councilor Moore mentioned that the City Engineer would be putting together an explanation of the process for informational purposes, including when the process allowed public input. Mr. Duenas indicated that he could have an informational packet available for the Council discussion at the July 13 meeting. Mr. Monahan observed that submission of citizen questions would be very helpful to staff in answering questions in the packet. Councilor Scheckla announced for the TV audience that the City was shutting down Bonita Road on June 21. Mr. Duenas said that staff stipulated a closure of no longer than one month, and preferably only two weeks. He confirmed that the road segment under construction was between the bridge and the railroad tracks. Mr. Monahan mentioned the closure signs at Hall Blvd and at 72nd Avenue, giving the dates as June 21 through July 21. 2.2 Debbie Crone, Tigard citizen, and Susan Borland, Tigard Recreation Ms. Crone stated that she and Tigard Recreation stepped forward to organize the Country Daze parade when she found out that no one was doing it this year. She commented that she remembered the parade from her childhood in Tigard and that her kids wanted to be in it. She asked for Council support to allow the parade and provide the police escort. Ms. Borland spoke to this type of parade as developing the sense of community in a small town and providing a good opportunity for the kids to get involved and contribute as part of the TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 7 NINE community. She mentioned her surprise at learning that no one was sponsoring the parade this year. She questioned why staff did not mention at the C'IT meetings (which she attended regularly as her neighborhood's representative) that the parade needed leadership. Mayor Nicoli mentioned the alternate route that Council thought would be safer, as it did not involve Pacific Highway. He indicated that, regardless of the route, the Council supported the parade and the City would provide the Public Works staff and police needed to put on the parade. Ms. Crone confirmed to Councilor Scheckla that the parade date was Saturday, August 21, starting at 9:00 or 9:30 a.m. Mr. Monahan said that he would meet with Ms. Crone to work out the details. Mayor Nicoli thanked Ms. Crone and Ms. Borland for volunteering for the City of Tigard and the residents. 2.3 Kyle Fowler, 791h Avenue Neighbors Mr. Fowler asked about the depth of Mr. Duenas' report and where they could get answers in the meantime. Mayor Nicoli stated that anyone could call Mr. Duenas at any time. He pointed out that the $200,000 study would be a very in-depth report. Mr. Duenas said that the design was more than half complete with construction expected sometime in the next two years. He mentioned the neighborhood meetings where staff received citizen input. He stated that staff was looking at a combination LID and City funded project, although they had yet to determine who would be involved in the LID and how much each property would pay into it. He indicated that staff would come back to Council for direction on the formation of the LID and a possible money cap for residents. He observed that much of the information currently at large in the neighborhood was erroneous. Mayor Nicoli pointed out that the Council has not agreed to this project, it has simply directed staff to start the process for a street that the City has identified as having problems. He commented that the purpose of the study was to find out what the potential problems could be. He confirmed to Mr. Fowler that the neighbors could see a detailed factual report on July 13. Mr. Duenas mentioned that staff would hold another neighborhood meeting when they had more concrete numbers on the cost and LID boundaries. 2.4 Paul 'T'aylor, 79`h Avenue Neighbors Mr. Taylor asked if Mr. Duenas was the main contact for the project. Mr. Duenas said either himself or Vannie Nyugen, the CIP Division Manager. He reiterated that it would be helpful if citizens submitted their questions in writing. 2.5 Andrew Minor, 79`h Avenue Neighbors Mr. Minor asked if the future neighborhood meeting would be an informational-type meeting with the decision already made or a meeting where citizens could give input into the decision. Mr. Duenas said that staff would use an open house approach for the next meeting during which they would discuss the details of the project, including what the whole street would look fake. Councilor Moore mentioned the opportunities for public testimony before the City Council in this long process, prior to the Council's final decision. Mr. Duenas stated that there was a specific process that the City had to following in forming an LID, which included plenty of opportunity for public input. Councilor Patton emphasized that the Council has not made the decision yet. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 8 3. CONSENT AGENDA Councilor Hunt asked to pull Items 3.3, 3.10 and 3.11. Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the Consent Agenda, pulling Items 3.3, 3.10 and 3.11. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") 3.1 Approve Council Minutes of. April 27, 1999 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Adopt Policy on Placing Memorials in City Park Facilities within City-Owned Properties and for City Buildings - Resolution No. 99- 3.4 Amend Council Groundrules - Resolution No. 99-33 3.5 Adopt Tualatin Valley Fire and Rescue Ordinance 99-01 and Repeal City of Tigard Resolution No. 97-32 - Resolution No. 99-34 3.6 Approve Cost of Living Adjustment for Management/Supervisory/Confidential Group Employees Effective July 1, 1999 - Resolution No. 99-35 3.7 Approve Washington County Inter-Library Information Network (WILInet) Intergovernmental Agreement 3.8 Approve Washington County Cooperative Library Services (WCCLS) Intergovernmental Agreement 3.9 Approve Budget Adjustment No. 9 for Acknowledgment of Insurance Funds Received from a Damaged Police Vehicle and Appropriation of Funds to Replace the Vehicle - Resolution No. 99-36 3.10 Approve Budget Adjustment No. 10 for Consulting Fees for a Feasibility Study of a New Recreation District - Resolution No. 99- 3.11 Adopt Resolution to support Magno Humphries' Efforts to Obtain a Loan from the Oregon Economic Development Commission - Resolution No. 99- 3.12 Local Contract Review Board a. Award Contract for the Construction of SW 106'h Avenue and Johnson Street Sanitary Sewer Extension to Venture Construction, Inc. b. Award Contract for the Construction of SW Grant Avenue Improvements to Sight Excavation, Inc. c. Award Contract for the Construction of Walnut Street and Tiedeman Avenue Intersection to Benge Construction Company d. Award Contract for the Construction of SW 116'h Avenue Storm Drainage Improvements to Venture Construction, Inc. e. Award Contract for the Reconstruction of Pathways for Jack Park & Englewood Park to Sun Quest Construction o Consent Agenda - Items Removed for Separate Discussion 3.3 Adopt Policy on Placing Memorials in City Park Facilities within City-Owned Properties and for City Buildings - Resolution No. 99-33 Councilor Hunt questioned the policy provision that implied that the Parks Division would assume responsibility in perpetuity for the maintenance of a qualifying memorial. He suggested maintenance at the discretion of the Parks Division. Mr. Monahan concurred, pointing out that TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 9 some memorials would deteriorate, such as benches, picnic tables, trees, shrubs, etc. He suggested stating that the City would assume maintenance responsibility for the useful life of the memorial as determined by Park staff. Councilor Hunt asked staff to make that modification. Councilor Hunt questioned the requirement that all benches be made of wood. He suggested adding the phrase "or other material approved by the Park staff." Mr. Monahan explained that the Parks staff recommended this standard. He said that he wanted the Parks staff to have a standard that they could cite in situations where they needed to reject something that someone already bought and wanted to install in a park. Councilor Moore mentioned seeing a desire for consistency in bench materials. Mr. Monahan concurred. Councilor Scheckla supported including flexibility for other materials as appropriate. Mr. Monahan suggested including the language "unless the material was approved by the Park staff' in order to give the Parks staff both the authority it needed and the flexibility to allow benches made of other materials. Councilor Hunt stated that the staff did not need to return to Council with the revised language. Motion by Councilor Hunt, seconded by Councilor Patton, to adopt Resolution 99-37 with the changes discussed. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") 3.10 Approve Budget Adjustment No. 10 for Consulting Fees for a Feasibility Study of a New Recreation District - Resolution No. 99-38 Councilor Hunt stated that he would oppose this adjustment because he saw the staff and majority of the Council treating the recreation district as a foregone conclusion. He pointed out that originally the Council had discussed a feasibility study to see if a new recreation district was feasible. Councilor Moore stated that he reviewed the item that stated "participation in a feasibility study for the fonnation of a new recreation district." He noted that that was all this adjustment did, and that it was not a foregone conclusion that Tigard would form the recreation district. Councilor Patton concurred that all they were doing was providing funding for a feasibility study of the recreation district. Councilor Scheckla said that he had no comment to make, except a concern that they might be going overboard a bit. He said that he might abstain from the vote. Motion by Councilor Moore, seconded by Councilor Patton, to approve Resolution 99-38. Motion approved by majority voice vote of the Council present. (Mayor Nicoli, Councilors Moore and Patton voted "yes;" Councilor Hunt voted "no;" Councilor Scheckla abstained.) 3.11 Adopt Resolution to support Magno Humphries' Efforts to Obtain a Loan from the Oregon Economic Development Commission - Resolution No. 99-39 Councilor Hunt asked for more information on this resolution. He asked if the Council was favoring Magno Humphries over similar businesses in Tigard. Mayor Nicoli pointed out that this was a loan from the State of Oregon over which the City of Tigard had no authority. Councilor Moore commented that he looked at whether or not a business was a good corporate citizen, which Magno Humphries was. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 10 Mr. Monahan indicated that Tigard did not have another business engaged manufacturing the same type of product as Magno Humphries. He explained that this State loan program had a checklist of steps that the loan applicants had to go through in applying for the loan. One of those steps was an endorsement from the local community; that was what Magno Humphries was asking for. He referenced a similar request made by the Puget Corporation in the mid- 1980s that went through the then existing Economic Development Committee which recommended approving the endorsement. Mr. Monahan commented that staff did not do an analysis of Magno Humphries because the company was a known entity. He said that staff saw Magno Humphries' interest in acquiring another property close to its site as a natural extension of the expansion the company underwent a few years ago. Councilor Scheckla asked if Council would set a precedent if it approved this request. Mr. Monahan explained that there was no limitation on the number of loans that the State could grant to the community. He mentioned that the State did try to distribute these loans state-wide to as many communities as possible. He confirmed that the request did not include any City money or tax breaks, it dealt solely with State money loaned at a preferable rate. He stated that making the endorsement did not lock the Council into anything. Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution 99-39. Mayor Nicoli declared a potential conflict of interest. Motion was approved by majority voice vote of the Council present. (Councilors Hunt, Moore, Patton and Scheckla voted "yes;" Mayor Nicoli abstained.) e Mr. Monahan announced that the applicant requested the postponement of Item 7 to the June 22 meeting. > SW 69T" AVENUE LID o Jim Corliss Mr. Corliss stated that, originally, he had been in favor of the 69"' LID. He indicated that Marlin De Haas asked him for a slope easement and a land donation for the additional ground he needed for handicapped corners at the sidewalk. He said that, at that point, this issue of the sidewalks came to light. He referenced his participation on the Tigard T riangle Task Force. He pointed out that none of the Task Force's discussions addressed the issue of sidewalk location, and the standards were vague, speaking to a "pedestrian-friendly street." He asked for a variance from the standard. Mr. Corliss said that the design was not user friendly. He noted that a planter area next to the curb, filled with trees and barkdust, interfered with people getting out of their parked cars and created ADA problems. He said that barkdust created a long-term maintenance issue, citing his trip around the city in which he did not find one well-maintained and attractive planting area with barkdust and street trees. Mr. Corliss pointed out that all the existing sidewalks in the area were curb-tight sidewalks. He noted that installing separated sidewalks on a street with existing curb-tight sidewalks on portions of it created inconsistency. He referenced the staff memo discussing the need to maintain consistency. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 11 Mr. Corliss said that the Triangle Design Standards called for 12-foot sidewalks with planters on local streets because the Task Force envisioned a development similar to downtown Portland. He noted that the Triangle was not developing like downtown Portland and would never look like downtown Portland. He commented that he thought that the staff thought that he was asking to install 12 feet of cement. He said that he wanted to build six-foot sidewalks with the tree planters on the property side and the extra six feet moved to the street. Mr. Corliss contended that a variance to move the trees from the street side to the property side would be visually more attractive and eliminate the problem of people in conflict with trees. He mentioned the importance of selecting the right species of trees that would not tear up the sidewalk in 20 to 30 years. Mr. Corliss said that he has talked to 80% of the property owners in the area, all of whom favored curb-tight sidewalks. He commented that he thought that staff modified its initial design of curb-tight sidewalks in response to the Triangle standards. He mentioned the high costs involved in supporting a 12-foot sidewalk when the property dropped off severely six feet away from the road. He noted that the standard was in error for the whole Triangle. s Pete Szanbelan, Employers Overload President Mr. Szanbelan said that they were in the middle of building their corporate headquarters on the southeast corner of SW 69"' and Franklin. He pointed out that the existing sidewalks along 69`, were already curb-tight. He said that requiring him to install separated sidewalks created an incongruity and inconsistency with the whole block. He presented several photos illustrating the existing situation on SW 69"' and Franklin. He mentioned his surprise on hearing of the required inconsistency. He questioned whether the design was ADA compliant, noting that their parking facility accommodated ADA parking. He presented a drawing of what the block would look like with the inconsistent sidewalks. COUNCIL, QUESTIONS Councilor Hunt asked for clarification on why staff was taking a different position than that suggested by the citizens. Mr. Hendryx stated that the intent of the Tigard Triangle plan was for separated sidewalks because they were more pedestrian friendly. He pointed out that installing paver stones between the curb and the planter area would address Mr. Corliss' issue regarding people getting out of their cars and stepping into barkdust. Mr. Hendryx mentioned that a lot of jurisdictions in the region were moving to separated sidewalks. He conceded that there was an issue with the transition period between the existing curb-tight sidewalks and the new separated sidewalks. He spoke to a gentle transition instead of an abrupt transition. He commented that staff would not purposefully design something not to be ADA compliant. He said that, as long as there was provision for pedestrians, wheelchairs and people with access limitations, the sidewalk would meet the ADA standards. Mr. Duenas addressed the impacts of changing the LID, since they have already designed the street for separated sidewalks. He said that he did not like beginning a contract with a substantial change order. He said that this change would require redesign, especially at the rear of the property lines. He pointed out that this would delay a project that the City wanted done quickly. He did not support changing the separated sidewalk design. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 12 Councilor Scheckla asked if staff was at a point to accommodate the change. Mr. Duenas indicated that, although constnuction has not yet begun, this change would involve massive redesign of the entire length of the street. Mr. Monahan noted that the City adopted the Triangle standards through a process. He asked if the Council wanted to start the process to convert the Triangle standard to Mr. Corliss' suggested standard or to retain the Triangle standard in place. Mayor Nicoli pointed out that a third alternative was to kill the standard totally, an option he favored. Councilor Moore said that he agreed with Mr. Corliss that barkdust planters not maintained tended to be ugly. He pointed out that the idea of the Task Force had been to put street trees in to buffer the pedestrians from the traffic for visual and safety reasons. He asked if the Council would have to go through the same process to reverse a standard that was used to create the standard. He stated that the Council could not arbitrarily say that in this situation they would not follow the Code. Mr. Hendryx referenced the staff memo describing what was needed: either granting a variance to the standard to this applicant or changing the standard using the public process set up to change the Code standards. He agreed that the Council could not arbitrarily change the standards but indicated that it would not have to necessarily reconvene the Task Force as part of the public process. He pointed out that with the new notification requirements, staff would have to send out a massive notification to every property owner in the Triangle of a change in the standards. Mr. Hendryx said that it would take four to six months make the change because of notification requirements and process. He reiterated the importance of time to this project. Councilor Hunt asked if they could issue a variance in this instance and then review the overall situation. Mr. Hendryx clarified that the applicant would have to go through the variance process, as staff could not grant variances administratively. Councilor Moore suggested allowing those blocks with existing curb-tight sidewalks to follow that standard for the entire block and requiring blocks with no existing sidewalks to conform to the new Tigard Triangle standards. He said that would maintain the consistency but he was not certain of the legal ramifications. He reiterated that he, as a Councilor, could not arbitrarily make changes to the Code. Mr. Monahan commented that the Councilor's suggestion sounded more like a change to the Development Code in which staff identified the locations of existing sidewalks with the whole Triangle and the Council designated where the existing or new standards prevailed. He said that, for the particular case before the Council, the applicant had to go through the variance process. Mayor Nicoli asked if the sidewalk was being constructed as part of the building or as part of the adjacent street construction. Mr. Duenas said that it was part of the street construction. Mayor Nicoli asked if the Council could direct staff to delete the sidewalk from the street construction contract, and then ask the property owner to bond the completion of it, once the Council made its decision regarding this matter. Mr. Duenas commented that he did not like a project without the sidewalk since the intention was to do the full improvement. Mr. Corliss said that they would have the sidewalk done before the City had the street done. Mr. Duenas pointed out that Mr. Corliss was volunteering only to do his portion of the sidewalk, not the entire length of the street. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 13 NE1110M 11111M11111 fflm= NJ Mayor Nicoli spoke to the Council reserving the right to bend a standard, if it was to the advantage of the community or to save further costs. He said that he agreed that a block developed three-quarters one way should be completed in the same fashion. He asked if the applicant qualified for a variance, since his project was already under construction. Mr. Hendryx said that the applicant could come in for a variance to the sidewalk standard alone but he did not know whether or not the applicant met the variance criteria. He mentioned the process set up to vary from the Triangle design standards: the Design Evaluation Team and the Planning Commission. 4 Mayor Nicoli asked what the time frame was to process a variance request. Mr. Hendryx said that the typical time period in the Triangle process was eight weeks. He mentioned another issue raised by Mr. Ramis that they have already done an assessment on the LID. Mr. Duenas said that it was a preliminary not final assessment. Mr. Hendryx commented that staff could work with the citizens but it was important to understand all the ramifications and the timing issue. Councilor Moore observed that Mayor's suggestion would solve the 69" and Franklin corner. Mayor Nicoli asked Mr. Szanbelan when he anticipated completing his building. Mr. Szanbelan said the end of October. Mayor Nicoli said that if the Council asked Mr. Szanbelan to apply for a variance to the standard, Mr. Szanbelan would know within 60 days whether or not staff would approve it. If staff did not do so, then he would know where to go from there. He asked Mr. Duenas when the contractor would complete the sidewalk installation. Mr. Duenas said probably later in the summer. Mayor Nicoli asked Mr. Corliss if he was asking for sidewalks for the other pieces of property he owned on the street. Mr. Corliss indicated yes, especially for the northern piece between Dartmouth and Franklin. He said that it would be nice to get the sidewalk all the way from Dartmouth to Elmhurst. Mr. Hendryx observed out that they were talking to individual property owners on the east side of SW 69`h. He pointed out that the Specht office complex on the west side used the separated sidewalks in its design. He asked if the Council's intent was to change the standard for the whole street. Councilor Moore said that he wanted to create consistency with what was already there so that they did not have jogs in sidewalks as people went around a block. Mr. Corliss stated that Specht has expressed that they would like the curb-tight sidewalks but they do not want to slow up their project. If changing the sidewalks impacted their timing, then they would stay with the separated design. Councilor Moore commented that this would change Specht's design and take the longer DET process because it was a new project. He said that he was discussing dealing with the areas that have already been developed and had existing sidewalks. Mr. Szanbelan asked if applying for the variance would stop them from continuing the construction on the building. Mr. Hendryx said that he would not think so. Councilor Scheckla mentioned that the City eventually removed the street trees on Main Street because of a people/tree conflicts. Mr. Monahan explained that the people/tree conflicts on Main Street arose from the straight-in parking. Mayor Nicoli proposed that the Council ask Mr. Szanbelan to apply for a variance to the standard. He suggested that the Council also ask staff to cooperate with Mr. Corliss in bringing back a sketch of his property's sidewalks, so that the Council could see the existing situation TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 14 with the sidewalks in the immediate vicinity of his property. Councilor Hunt commented that most Councilors were saying that they would like to accommodate this type of thing and to see staff come up with a recommended solution to the problem. Councilor Scheckla asked if there were any legal problems. Mr. Ramis said that there were some process considerations but they would figure out how to do it. Mayor Nicoli suggested that the Council accept a blind presentation next Tuesday, as staff could not get something ready for the Council packet this Friday. Mr. Corliss confirmed that he could attend next Tuesday's meeting. Mr. Hendryx mentioned that the City did have fees for variances. He indicated that it was up to the Council to decide whether or not to waive it. Mr. Monahan suggested that the Council wait on a waiver decision until staff determined the fee amount following the submittal of the application. Mr. Monahan summarized the Mayor's direction as identifying the locations of the existing sidewalks on Mr. Corliss' properties to see if there was a dominant Rre-existing scheme. Mr. Duenas pointed out that Mr. Corliss had no sidewalks along SW 69 . He said that sidewalks existed only on the Franklin portion and on Elmhurst. He noted that it was a different situation than Mr. Szanbelan's because of the lack of existing sidewalks. 4. PUBLIC HEARING - VACATION OF AN APPROXIMATELY 9,381 SQUARE-FOOT PORTION OF THE SW ROSS STREET RIGHT OF WAY, EAST OF SW HALL BOULEVARD a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges Councilor Hunt declared that he has walked by the property. Councilor Scheckla declared that he drove by the property frequently. All Councilors indicated their familiarity with the record. There were no challenges from the audience. c. Staff Report Jim Hendryx, Community Development Director, mentioned that the Council initiated the vacation request on April 13, 1999, by resolution. He reviewed on a map the location of the proposed right-of-way vacation and the new alignment of Ross Street to tie in with the intersection of Sattler. He noted that the right-of-way was partially improved with center line improvements but not curbs and gutters. He said that the City conditioned the Applewood subdivision to put in a signal at the Sattler intersection and make some improvements. He mentioned that the City also conditioned the new Hampton Court subdivision to construct the other half of the road realignment. He stated that staff received no negative comments from any agency, other than maintaining the public utility easements as necessary. Councilor Hunt asked if the City had to buy the new right-of-way property. Mr. Hendryx said no, it was part of the development proposal. He confirmed that the City was giving up the right- of-way in exchange. d. Public Testimony Mayor Nicoli read the land use hearing criteria. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 15 s Steve Manjold, 8275 SW Ross Street Mr. Manjold spoke in support of the proposed vacation, realignment of Ross Street with Sattler, and the installation of a traffic signal at the intersection. He commented that it was only fair that McDonald's be compensated for the vacation, as it made their property more difficult to develop. e. Staff Recommendation Mr. Hendryx noted a correction to his earlier statement regarding the City not purchasing right- of-way. He said that the City did purchase the 60 feet of right-of-way with the realignment several years ago, prior to the subdivision application. Councilor Hunt stated that it bothered him that the City had to buy land in order to use but then gave away land through a vacation. Mayor Nicoli commented that that was the way the system worked. Councilor Scheckla asked for clarification on the location of the right-of-way. Mr. Duenas explained that the right-of-way extended clown to SW 8151 but the City only purchased the portion necessary for the realignment. Mr. Hendryx recommended approval of the vacation request with two conditions: all improvements to the new Ross Street alignment be completed and accepted by the City prior to the final vacation of the old right-of-way, and the vacation be subject to reservation of a public utility easement. f. Council Questions g. Mayor Nicoli closed the public hearing h. Council Consideration: Ordinance No. 99-15 Motion by Councilor Bunt, seconded by Councilor Patton, to adopt Ordinance No. 99-15. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-15, AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 9,381 SQUARE FOOT PORTION OF THE ROSS STREET RIGHT OF WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") 5. UPDATE: WATER CONSERVATION PROGRAM Mike Mills, Utility Manager, introduced Kim Swan, Water Conservationist/Water Quality Program Coordinator. He stated that the City hired Ms. Swan from the City of Gresham in October 1998 to work the City's water conservation program at the regional and local levels. He pointed out that staff has not been able to run local conservation programs due to lack of a dedicated staff member. Ms. Swan reviewed the accomplishments in water conservation this fiscal year. She stated that she has continued the monthly Cityscape articles on conservation and the staff work with Portland. She presented the utility billing insert going out to customers in July and August. She TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 16 mentioned the success of the residential water audit program this year with 50 audits (scheduled for completion by June 15). She reported that the customers who participated in last year's program saw an average of an 11 % water savings compared to neighbors who did not participate in the program. Ms. Swan reviewed her work on water conservation education, particularly with youth. She mentioned a Water Efficient Landscaping workshop scheduled at the library next week. She noted the success of a regional puppet show performed by the Oregon Puppet Theatre and sponsored by the City Water Department for first and secondary graders at the elementary schools. She shared a letter from second-grader Zachary at Mary Woodard thanking them for the show. Ms. Swan reported tha she attended the Fifth Annual Clean Water Festival in March held at PCC Rock Creek. She noted that a number of students and teachers from Tigard also attended. She stated that, by the end of the school year, she will have given a combination video/activity presentation to 1,000 elementary and middle school students in Tigard. Ms. Swan reported that she has been nominated to chair the Columbia Willamette Water Conservation Coalition, an organization of 16 regional water providers with which Tigard has been involved since 1992. She said that her duties would be to coordinate the Coalition . activities. She reviewed the Coalition's current activities, including a summer multi-media campaign, conducting landscape workshops in cooperation with local nurseries, and a low water use plant identification project in cooperation with local nurseries. She mentioned the Youth Education Committee's "Wet Workshop," a program attended by 30 teachers, including several from the Tigard schools. Councilor Scheckla asked if Ms. Swan gave her presentation to private schools also. Ms. Swan said that, while she has not targeted any private schools this year, she did try to mail them information also. Councilor Patton encouraged Ms. Swan to use the Fourth of July celebration as an opportunity to distribute information also. • Mayor Ni,;oli recessed the meeting at 9:10 p.m. for a break. • Mayor Nicoli reconvened the meeting. 6. PUBLIC HEARING - (CONTINUED FROM MAY 11, 1999) - MODIFY METRO GREENSPACES INTERGOVERNMENTAL AGREEMENT a. Mayor Nicoli reconvened the public hearing. b. Staff Report c. Public Testimony • Robert Millett, 15605 SW Roshak Road, Friends of Cache Creek Park Mr. Millett said that the Friends group was organized two years ago to oversee, protect and maintain th;, area of Bull Mountain. He noted the two options available to the Council for spending the remaining greenspaces funds: the one acre Hanson property or Fanno Creek trail construction and maintenance. He mentioned Councilors Hunt and Scheckla's recommendation not to consider the one acre property for purchase, following their site visit. He listed their TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 17 objections as 1) the City has already spent considerable greenspaces money on Bull Mountain to purchase Cache Creek Park, and 2) the park would only serve the immediate neighborhood, not the City as a whole. Mr. Millett spoke in support of purchasing the one acre Hanson property as the best way to use the remaining available greenspaces dollars. He said that doing so would be consistent with the major purpose of the greenspaces program, to purchase and acquire natural areas. He cited the superb biological quality of the parcel with a high biological diversity rare in this region (as documented in a report by Bruce Marcourt, a wildlife ecologist), as a reason why it was important to maintain this piece. Mr. Millett noted that this area would become a natural area of regional importance because of its uniqueness and size. He said that saying that it would only serve the immediate neighborhood was like saying that Mt. Hood only served the people in East Multnomah County. Mr. Millett informed the Council that if the Council approved the purchase of the Hanson property, one of the neighbors, Mr. Ru Lun, would donate his .6 acre parcel next to the Hanson property to the City. He pointed out that this would gain the City 1.6 acres of lovely forested area that was all part of the same ecological system. He mentioned that the people who owned the wooded canyon containing the headwaters of Cache Creek would be willing to sell the lower part of it sometime in the future, and move their residence to the upper part. He urged the Council to reconsider using the greenspaces money for this purpose. Councilor Moore asked if Cache Creek Park had different landscape, fauna and flora than the Hanson property. Mr. Millett said that it was all part of the same system. He explained that the Hanson property was the forested uphill portion while Cache Creek Park with the creek coming into a pond had the drainage system with some clearings. Larry Moore, 15585 SW Roshak Road Mr. Moore contended that if the Hanson property was left for development, clearing the land of the trees could potentially have a disastrous impact on Cache Creek Park with the drainage running downhill. He quoted the statements at the Metro Regional Parks and Greenspaces website with regard to the need to protect and manage natural areas for purposes of solitude, recreation and nature for future generations, as more urban land developed to accommodate a growing population and these pieces of land grew scarcer. Mr. Moore noted that this was a good opportunity for Tigard to make a decision that would benefit people for a long time. He urged the Council to consider the acquisition of this property in order to preserve it. David Butz, 15540 SW Baker Lane Mr. Butz supported the comments of Mr. Millett and Mr. Moore. He emphasized the value of the Hanson property, given the consequences of leaving it unprotected. He said that leaving this parcel unprotected placed in jeopardy the substantial investment of the City in the Cache Creek greenspace. He characterized the parcel as an integral piece of the whole Cache Creek area, indistinguishable from a naturalist's point of view. Mr. Butz mentioned the orange dots on the trees, placed there by surveyors identifying trees for removal the last time the property came close to being developed. He explained that, according to the niles of the sewage agency, the developcr would have to remove all the trees and fill the TIGARD CITY COUNCIL MEETIN(. MINUTES - JUNE 8, 1.'99 - PAGE 18 land in order to bring it up to a height to allow gravity sewer. He noted that building houses over landfill created hydrological and drainage issues that were extremely difficult to mitigate. He said that it would destroy Cache Creek Park. He spoke to the Council acting as good stewards of their investment in Cache Creek Park and purchasing this property. s Joyce Josephson, SW 15Th Ms. Josephson indicated her support of the previous speakers' comments. She spoke to 'protecting the City's existing investment. She explained that if Mr. Hanson built up the property, as he had planned to before, he would have a 6 to 12 foot bank with his houses up above and the neighbors' houses down below where the drainage would come. She mentioned that Mr. Hanson has expressed an interest in selling to the City. She pointed out that the other parcels mentioned by Mr. Millett would protect this parcel. Ms. Josephson spoke to acquiring more land with the greenspaces money as the key goal of the program. She reiterated that good pieces were getting difficult to find, citing her eight years of experience as a realtor. She said that the neighborhood and the Friends group were willing to do trail maintenance and save money that way. She mentioned the homes on Bull Mountain that have slid off their foundations as a reason for the neighborhood's concern that development of this parcel could have a damaging effect. d. Staff Recommendation e. Council Questions Councilor Moore asked what the size of the Cache Creek Park was. Councilor Patton noted that it was a 12 acre natural area. Mr. Hendryx confirmed that, although the park fell within Tigard's urban growth area of interest, it was not within the Tigard city limits but within the County. Councilor Moore asked if the neighbors went to Washington County with this request. Mr. Millett said that the County has used up all its greenspaces money. Councilor Moore asked if there was a commitment for a price from the owner. Mr. Hendryx confirmed that staff did not know what the price would be, as they have not entered into negotiations with the owner. E Mayor Nicoli closed the public hearing g. Council Consideration Councilor Hunt stated that he understood the neighbors' concerns and desire to protect their property. He said, based on his visit, that he did not think that there was much public access to the parcel. He pointed out that this parcel would require a high level of maintenance from the City's Parks staff. He commented that the Parks staff's responsibilities have already greatly increased with the City's purchase of so much property in the past few years. Councilor Hunt supported spending the money on the Fanno Creek trail. He stated that he thought that they have spent enough money in the Bull Mountain area and needed to distribute the money more equitably around the entire city rather than concentrating so much of it in the Bull Mountain area. Councilor Scheckla concurred with Councilor Hunt that this parcel was difficult to find and to access. He pointed out the lack of parking. He mentioned potential liability problems and the TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 19 it! difficulty senior citizens would have in walking in that area. He spoke to the importance of obtaining land that was available to all the people, not to protect the property of one small group of people. He noted that, with the purchase of the Cache Creek Park property, the City effectively did try to protect the neighborhood. Councilor Scheckla spoke to getting more mileage out of their dollars by using it for Fanno Creek paths and trails (which were low maintenance). He emphasized the difficulty of finding the parcel, contending that only those living on Bull Mountain knew where it was. Ile indicated that the neighbors on the tour with he and Councilor Hunt stated that they did not want any parking installed because they wanted to maintain the natural environment. He noted that, without parking, the parcel became a neighborhood park, not a city park. Councilor Moore asked how large the reservoir site adjacent to the Cache Creek Park was. Mr. Hendryx said that it was at least 12 acres, if not slightly bigger. Councilor Moore pointed out that the City had 24 acres up there that would be undeveloped, other than the site of the reservoir itself. Councilor Moore stated that he believed that the Council and the City as a whole were good stewards who have done an excellent job of buying land to preserve for future generations. He concurred with Councilors Hunt and Scheckla. He said that the Council has done a great job in setting aside close to 24 acres of natural greenspace on Bull Mountain. He noted that more people in the City of Tigard would use the Fanno Creek bike paths and trails. Therefore, he saw that as a better use of the money for the City as a whole then spending it on one acre. Councilor Patton commented that, while she appreciated how the neighbors felt about this one acre and its potential benefits, the City had no idea what the price might be. She said that there were so many areas in the city where the money could be put to better use that she could not see purchasing this parcel as outweighing those other uses. She agreed that the City already had a significant amount of greenspaces property. She commented that because the concept of greenspaces did not necessarily include ready access to everyone, she did not consider the argument about a lack of parking as a strong argument. She spoke to spending what funds they had in as many places as possible in order to get the greatest value they could. She supported spending the remaining funds in other areas. Councilor Hunt stated that he did not like the way either of the two proposed resolutions was written. He said that he would not vote for either one of them at this time. He noted that the language in Exhibit A indicated that the City would still put $43,500 towards the Bull Mountain forested area. Mr. Hendryx clarified that the reallocation of the $43,500 towards the Bull Mountain forested area was a bookkeeping matter. He explained that the City fronted the money for the Cache Creek Park purchase out of its parks money, not its greenspaces money, because of the lengthy public process required before spending the greenspaces money. He said that this reallocation simply reimbursed the park fund for that money. Mr. Monahan suggested that staff come back next week with a detailed explanation of the reallocation request, and re-schedule the resolution for the June 22 consent agenda. He noted that the Council agreed by consensus not to pursue this one parcel. 7. CONSIDER REQUEST FOR PACIFIC RIDGE TO USE CITY PROPERTY FOR PRIVATE WETLANDS MITIGATION Mayor Nicoli noted that this item was withdrawn at the request of the applicant. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 8, 1999 - PAGE 20 111 ME 8. UPDATE: WASHINGTON COUNTY AND INTEL CORPORATION TENTATIVE AGREEMENT ON A STRATEGIC INVESTMENT PROGRAM APPLICATION Mr. Monahan informed the Council that tomorrow night there would be a public forum on this issue held at the Public Services building in Hillsboro from 7:30 p.m. to 9:30 p.m. He said that if the Council wished to give input, this was the appropriate time to do so. He pointed out that the Council did not have to give input. Mayor Nicoli stated that he would attend the meeting to speak as an individual. He asked the Council to support the direction that the County Commissioners have taken on the agreement. He explained that Intel was going to retool and maintain its more than 4,000 jobs in the County. He observed that Intel has been a good corporate citizen, generously supporting the schools and the programs. He said that he would represent the Council at the meeting, if so desired. Councilor Hunt asked what the difference was between this agreement and tax increment financing. Mr. Ramis explained that they were fundamentally different in concept. He said that the Intel proposal was for direct tax relief. He described tax increment financing as lifting off a portion of the taxes paid by property owners in the urban renewal district and reinvesting it in the district. Mr. Monahan commented that Intel would get tax relief because Oregon's tax structure did not encourage high tech industries, as it encouraged the agriculture and timber industries. Therefore, high tech industries were penalized in comparison to other industries. He observed that this was an attempt to even the playing field between Oregon and other states which have built a tax advantage for high tech industries into their taxing structure. Mayor Nicoli mentioned that, with their last agreement, Intel gave discretionary money to the County which the Commissioners turned over to the schools. He said that this time, that discretionary money would be spent county-wide and any agency or non-profit in the County could apply for it. Councilor Scheckla asked Mr. Ramis to review why Tigard got Washington Square and Portland and Beaverton did not. Mr. Ramis explained that Tigard had two principal advantages over the other competing jurisdictions for the annexation. He said that Tigard emphasized that it did not have Portland's business license tax (effectively a sales tax on retail businesses). He said that, with respect to Beaverton, Tigard was willing to make annexation more favorable by phasing in the Square's property taxes and to spend some of those revenues on improvements in the Washington Square area. Councilor Patton commented that she thought it was a good agreement and that Intel's requests were reasonable. She pointed out that it was not an insignificant amount of funds that Intel was guaranteeing to pay. Councilor Scheckla said that he also would support the agreement, citing the benefit Tigard received from Washington Square. The Council agreed by consensus that Mayor Nicoli should speak for the Council at the public forum in support of the agreement. 9. COUNCIL LIAISON REPORTS: None 10. NON AGENDA ITEMS: None TIGARD CITY COL`1CIL MEETING MINUTES - JUNE 8, 1999 - PAGE 21 11. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 9:57 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 12. ADJOURNMENT: 10:30 p.m. Attest: atherine Wheatley, City Recorder Mayor, i of Tigar Date: 7 g 1: 1ADWCATHMM990808. DOC TIGARD CITY COUNCIL MEETING MINUTES - JUNE S, 1999 - PAGE 22 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9419 BEAVERTON, OREGON 97075 Legal Notice Advertising ❑ Tearsheet Notice City of Tigard o ®1.31.2 5 ST ] 1-ia 1.1 R lvd . o ❑ Duplicate Affidavit Tigard,Oregon 97223 ® O Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )a'- 1, Kai-h---Srimder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of th ieTgard-Tualatin T~ mes a newspaper of general circulation as defined in ORS 193.01() and 193.020; published at Tigard in the aforesaid county and state; that the City Counci l f4eeti-ng a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: June 3,1999 K az/_ Subscribed and sworn to fore me this3rc' day of June, 1.999 ` OFFICIAL SEAL I ROBIN A. BURGESS Not Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001, AFFIDAVIT _ The following meeting highlights are published for your information. Full agendas may be obtained from the City Recorder, 13125 SW Hall I Boulevard, Tigard, Oregon 97223, or by calling 639-4171. { TIGARD CITY COUNCIL MEETING AND LOCAL CONTRACT REVIEW BOARD MEETING June 5,1999 - 6:30 P.M. TIGARD CITY HALL - TOWN HALL 7 13125 SW HALL BOULEVARD, TIGARD, OREGON Reports and updates to Council on the following topics: Public Hearing - Vacation of Approximately 9,076 Square Feet of Public Right of Way on SW Ross Street, East of Hall Boulevard * Public Hearing (Continued from May 11, 1999) - Modify Metro Greenspaces Intergovernmental Agreement * Report on Water Conservation Program * Report on Cook Park Master Plan * Report on Pacific Ridge Wetland Mitigation on City-Owner Property * Executive Session M419 - Publish June 3, 1999. C IY OF TIGARD, OREGON AFIE'1;t2A1TIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose and ay: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being reto attached and by re rence made a ar/t~ hereof, on the _ day of , 19 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this ~tL day of t. r. , 19 , ' OFFICIAL SEAL M JO ANN NAYS Notary Public k4ar Oregon NOTARY PUSUC-OREGM COMMISSION N0.3MM I MY COMMISSION EXPIRES MAY 5, 2000 My Commission Expires: _Mgt, S" I I Madmljo\affpost.doc CITY OF TIGARD, OREGON ORDINANCE NO.99- 15 AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 9,381 SQUARE FOOT PORTION OF THE ROSS STREET RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on April 13, 1999 and approval has been recommended by the Community Development Department; and WHEREAS, the approximately 9,381 square foot portion of said easement had been previously dedicated to the public; and WHEREAS, the City has approved Hampton Court, a residential subdivision (formerly known as Elderberry Square) under SUB 98 0013/PDR 98-0011; and WHEREAS, right-of-way for a new alignment of a portion of Ross Street has been dedicated and will be improved to City standards concurrent with the development of said subdivision; and WHEREAS, u on completion of the new alignment, the old Ross Street right-of-way will no longer be needed by the Public; an? WHEREAS, all affected service providers have reviewed the vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code Section 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on April 13, 1999, finds that it is in the public interest to approve the request to vacate said detour easement as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. Construction of improvements to the new alignment of Ross Street, as approved under SUB 98-0013/PDR 98-0011 (Elderberry Square Subdivision), shall be completed and accepted by the City prior to final vacation of said portion of SW Ross Street. 2. Vacation shall be subject to reservation of a Public Utility Easement over the entire vacated area. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 9,381 square foot portion of right-of-way as shown and described on the attached Exhibits A and B (map and legal description of the area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. Construction of improvements to the new alignment of Ross Street, as approved under SUB 98-0013/PDR 98-0011 (Elderberry Square Subdivision), shall be completed and accepted by the City prior to final vacation of said portion of SW Ross Street. 2. Vacation shall be subject to reservation of a Public Utility Easement over the entire vacated area. ORDINANCE No. 99- is\curpln\mark\vacateross-ord (6/8199 City Council Public Hearing) SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By A,6 g,Yi WN W6 _ vote of all Council members present after being read by number and title o y, t is 42 6:n ay of .1999. a ez~nWneeatley, City R cor e te APPROVED: By Tigard City Council this - day of '1999. s ico i, ayor Approve s >fo fo m: tY tto y Date ORDINANCE No. 99- i.\curpln\mark\vacateross-ord (6/8199 City Council Public Hearing) EXHIBIT MAP EXHIBIT 66A" FOR A STMT VACATION A POR11ON OF &W ROSS STREET (C.R. NO. 1290) LOCATED IN THE SW 1/4 OF SECTION 12, IN T 2 % R 1 W. VVILlAdI;TTE MERIDIAN CITY OF TIGARD WASHINGTON COUNTY. OREGON MAY 26, 1999 S. N. ROSS STREET (C.R. NO. 1290) - I 4V N89'2 1o•E 282Z. 0' `r S89-20'10°W 165.20 ry9,~~ / POINT OF BEGINNING Ob N89'20'10'E \G 45.01' Qe 90y0 PROPOSED RIGHT-OF-WAY DEDICATION c*j C I - W CURVE TABLE I DELTA RADIUS LENGTH CHORD CH DIST 1 19°5246" 230.00- 1 7.9,77' IM ~C LEGEND: O` 30' VZ~l PROPOSED STREET VACATION 9,381 SQUARE FEET SCALE l°„W I 0.215 ACRES FD. 1-I/4" GRASS DISK IN MON. Box SHEET 2 OF 2 SW COR. SEC. 12 JOB NO. MATOOS 11 12 HELD PER USBT BK 2. PG 10 14 13 D E 8 1 C- N 1 N C 10450 SW NIMBUS AVE.. PORTLAND. OREGON 97223 'x'(503) 603-9933 FAX: (503) 603-9944 PLANNERS m ENGINEERS w LANDSCAPE ARCHITECTS a SURVEYORS EXHIBIT "Bly STREET VACATION TIGARD, OREGON S.W. ROSS STREET (C.R. NO. 1290) JOB NO. MAT006 MAY 27, 1999 LEGAL DESCRIPTION: A 45.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF S.W. ROSS STREET (C.R. NO. 1290) SITUATED IN THE SOUTHWEST QUARTER OF SECTION 12 IN TOWNSHIP 2 SOUTH. RANGE 1 WEST, WILLAMETTE MERIDIAN AND LOCATED IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, SAID STRIP DESCRIBED SPECIFICALLY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID S.W. ROSS STREET (C.R. NO. 1290), 20.00 FEET SOUTHERLY FROM THE CENTERLINE THEREOF, MEASURED PERPENDICULAR THERETO, WITH A LINE 48.00 FEET EASTERLY OF THE CENTERLINE OF S.W. HALL BOULEVARD (C.R. NO. 23), MEASURED PERPENDICULAR THERETO, SAID POINT OF BEGINNING BEARS NORTH 00°3T55" EAST, 2286.69 FEET AND NORTH 89°20'10" EAST, 45.01 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE PARALLEL WITH THE CENTERLINE OF SAID S.W. HALL BOULEVARD NORTH 00°37'55" EAST, 45.01 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID S.W. ROSS STREET, 25.00 FEET NORTHERLY FROM THE CENTERLINE THEREOF, MEASURED PERPENDICULAR THERETO; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 89020'10" EAST, 282.60 FEET TO THE BEGINNING OF A NOW TANGENT CURVE; THENCE-ALONG THE ARC OF A 230.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 19052'16" (THE LONG CHORD BEARS SOUTH 67°25'55" WEST, 79.37 FEET) A DISTANCE OF 79.77 FEET TO A POINT OF TANGENCY; THENCE SOUTH 57°29'47" WEST, 29.17 FEET.TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF S.W. ROSS STREET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°20'10" WEST, 185.20 FEET TO THE POINT OF BEGINNING. CONTAINS 9,381 SQUARE FEET (0.215 ACRES) SHEET 1 OF 2 i 1 a 3 MOY T. rr-:?:J,,,A .<I r!I 'WAI DA H AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE : June 9,1999 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other Issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC t 4L 14 D c f~ veuti~ n0we. L) ~5c p 5 uyt S e -r; 5 ~,rd Gu~ct& Pef s~a,tit~e(a~ r'ga„Qe Ka-~Ity w~ ~e y ` 3 ~ 58" /-~~v1~w ~ i P5 s rode. ux~1-!•c%oH / • ~ f„ '71-04 AvG4_J u i= AJC>/~ ot - Lf 1XV D int 1:t S w 7r-1 f4 HIV G..~ 1~ONC V V ~ ~rJZenS LtG2/` . 0~ti^~ . J rL~p1.t,Y•,.~ e y~ 0 -S 5' SS 3 fC. ~Arilns~✓J (s__ - J~ra.w1 pV S rc~ L ,~tnr (/~LInL b-tik G~HVA ii Ile 17 1: ladmVolvlaftshtdoc JIM, -MOINES= milli Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO. 4 DATE: June S, 1999 PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS PUBLIC BEARING - VACATION OF APPROXIMATELY 9,351 SQUARE-FOOT PORTION OF THE SW ROSS STREET RIGHT-OF-WAY, EAST OF SW HALL BOULEVARD AGENDA ITEM NO. 4 PLEASE PRINT Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. i Name, Address and Phone No. Name, Address and Phone No. i i i 3 Name, Address and Phone No. Name, Address and Phone No. poll IWO F' CP/a SfU TIGA CITY COUNCIL TRAINING Presented by: Tim Ramis Ramis Crew Corrigan & Bachrach, LLP June 8, 1999 i i i i 3 gill MORSNAW 1. Election Law City Council/Public Employees Dos and Don'ts A. Dos: • Do take a position on public issues, if you choose to, either as individuals or as a Council. City Council or any other elected official may advocate for or against a candidate or measure at any time. This would include active involvement in a political action committee. • Do avoid use of City resources. City Council members cannot ever use public employees to advocate for or against a candidate or a measure (ORS 260.432(1)). City Council members must avoid using City resources to advocate for or against a candidate or a measure because the use of City resources may result in personal liability for misuse of public funds (ORS 294.100). Burt v. Blumenauer. • Do form a PAC to finance campaigns and do follow all reporting requirements. A Political Action Committee or PAC is defined as a combination of two or more individuals, or a person other than an individual that has a receive a contribution or made an expenditure for the purposes of supporting or opposing a candidate, measure or political committee; or b) made independent expenditures in support of or in opposition to a candidate, measure or political party. ORS 260.005(16). All expenditures and contributions of a PAC, including in kind contributions must be reported. (ORS 260.058). Contributions includes payments and donations of goods and services other than volunteer work by individuals, yard signs and a fund raiser hosted by an individual. (ORS 260.005, 260.007). i All persons expending funds must register as a PAC unless only expenditure is to a PAC. me liiiiiiii~illialliall B. Don'ts: • Do not allow public employees to promote or oppose any candidate or measure while on the job during working ours (ORS 260.432(2)). Public employees may express their own opinions when not on the job during working hours. "On the job during working hours" includes: at work on a regular schedule; at City meetings; at other meetings attended on behalf of the City; other situations in which the person's affiliation with the City is identified. "On the job during working hours" does not include: activities away from the work place, not during work hours, unrelated to City business; probably does not include conversations between employees during an official break and away from workstation. Public employees, especially management employees, must be aware that the line between "on the job" and "not on the job" may be somewhat blurry at times. For instance, if the public employee is on call 24 hours a day, or drives a City car, clarification may be necessary. In close cases the issue of where to draw the line should be discussed between the public employee and the City Manager and the City Attorney. As an example, with the water issue currently at hand, when Bill Monahan or Ed Wegner speak on water it will be the "City's" voice whether they are on or off the job. "Public employee" does not include an elected official. (ORS 260.432(4)(a)). The definition of "public employee" does include everyone else performing work for the City, including staff, board and committee members and volunteers. • Do not criticize employees for taking positions on measures outside of working hours. Public employees are free to promote or oppose any candidate or measure outside of working hours. • Do not ask public employees to assist in campaigns on their own time. If employees act on their own initiative they are of course permitted to participate in campaigns. If an elected official requests such participation, that official could be accused of improperly pressuring a public employee to participate. • Do not criticize public employees for wearing political buttons expressing an opinion on a candidate or measure. Public employees can wear political buttons, however, the City may prevent uniform personnel from wearing non-uniform items. Public employees or board members are free to express their personal political views (ORS 260.522(3)(b) and ORS 251.345). 2. Conflicts A. City Policy for Dealing with Conflicts • The City deals with conflict issues on a case by case basis. From time to time a law firm doing work for the City (such as bond counsel) may seek a waiver in order to represent other clients with interests involving the City. The Council considers these requests in light of all factors including the appearance to the public and the likelihood of actual conflict. The City will rarely approve a waiver that involves litigation adverse to the City. • Our office handles conflicts through a step-by-step process. Each time we open a file for a new client, or a new file for the City, we process the names of all the parties involved through our conflict check system. If a conflict exists, it is classified as actual or potential. If it is a potential conflict, we ask that both sides sign a waiver letter. If the conflict is actual, we notify the clients and withdraw as counsel, and refer the client to another attorney. As you may recall, we found a potential conflict with the Albertson's matter in Tigard and were provided a waiver by both sides. If this had been an actual conflict, we would have withdrawn as counsel for the project and referred the City to another competent attorney to handle the project. B. DR 5-105 Conflicts oflnterest• Former and Current Clients • Conflict of Interest. A conflict of interest may be actual or likely. 1. An "actual conflict of interest" exists when the lawyer has a duty to contend for something on behalf of one client that the lawyer has a duty to oppose on behalf of another client. i 2. A "likely conflict of interest" exists in all other situations in which the objective personal, business or property interests of the clients are adverse. A "likely conflict of interest" does not include situations in which the only conflict is of a general economic or business nature. MffMW 3. A conflict of interest is not present solely because one or more lawyers in a firm assert conflicting legal positions on behalf of different clients whom the lawyers represent in factually unrelated cases. If, however, a lawyer actually knows of the assertion of the conflicting positions and also actually knows that an outcome favorable to one client in one case will adversely affect the client in another case, the lawyer may not continue with both representations or permit the other lawyers at the same firm to do so unless all clients consent after full disclosure. • Knowledge of Conflict of Interest. For purposes of determining a lawyer's knowledge of the existence of a conflict of interest, all facts which the lawyer know, or by the exercise of reasonable care should have known, will be attributed to the lawyer. • Former Client Conflicts - Prohibition. Except as permitted in DR 5-105(D), a lawyer who has represented a client in a matter shall not subsequently represent another client in the same or significantly related matter when the interests of the current and former clients are in actual or likely conflict. Matters are significantly related if either: 1. Representation of the present client in the subsequent matter would, or would likely, inflict injury or damage upon the former client in connection with any proceeding, claim, controversy, transaction, investigation, charge, accusation, arrest or other particular matter in which the lawyer previously represented the former client; or 2. Representation of the former client provided the lawyer with confidences or secrets as defined in DR 4-101(A), the use of which would, or would likely, inflict injury or damage upon the former client in the course of the subsequent matter. Former Client Conflicts - Permissive Representation. A lawyer may represent a client in instances otherwise prohibited by DR 5-105(C) when both the current client and the former client consent to the representation after full disclosure. ' • Current Client Conflicts - Prohibition. Except as provided in DR 5-105(F), a lawyer shall not represent multiple current clients in any matters when such representation would result in an actual or likely conflict. • Current Client Conflicts - Permissive Representation. A lawyer may represent multiple current clients in instances otherwise prohibited by DR 5-105(E) when such representation would not result in an actual conflict and when each client consents to the multiple representations after full disclosure. I C. DR 5-107 - Settling Similar Claims of Clients A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients unless each client consents after full disclosure, including disclosure of the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement. Tv&=\90024\councilconflicttmg(6 1/99) ENE ENE June 8. SUMMARY OF ADDITIONAL SERVICES— 79TH "ENUE REC®NSVRUC'nON AMENIN16dT TASK DESCRIPTIC1d OF SERVICES FEE PlLffi'ISSR. NUAW 2R i 1 Short Term TrmMe Im'.pac1 Shady 2,750.10 _ 2 Legal Descriptions for E=ernents 9.750.00 {v and Rlgfif.o(-Way Acquisitkon (CI(y to pmvrds Lot Book repot for each parcel) 3 Retaining Waft AnalyakMosion 12,000.0D Subtotal 24.500.00 3 1 Off-sWs ry Sewer Design 3.800.00 Topographic Sum" for Ssnllary Sewer ~p 2 Off SPA SEomn Drain Deslipn kWuding 14,900.00 Iv O Water tdumiily Facft. ✓ Wstland Doflfmtion w1d Pernsltting. OutW Design S Riparian Enhancement 3 Undeopro" Utifdy Relocation 4,250.00 SO t M 22.950. A 3 1 LID Preparation Pneknrfnmy Evakmtlon Report 3,225.00 0--At- Profirninary Engfneedrbg Report 18.225.00 Final Report 1.250.00 Subtotal 20700.00 Subb" Adfd cnoi Servim 88,150.00 Plea Orioliml Fee 119.889.00 TOTAL. FEES TO DATE 187,819.00 (Each orthase Norm werv odg1neay )denditd In tho CIMEC Proposal as mddddo Ow Scope of SaMce) M 1 1 ATTENETION! ATTACHED IS SOME INFORMATION THAT PERTAINS TO SIMILAR CONCERNS DISCUSSED BY JIM CORLISS IN HIS MEMORANDUM (SEE COUNCIL NEWSLETTER, ITEM #1) MR.. CORL.ISS AND MR. SZAMSELDAN WILL BE AT THE MEETING ON 3UNE S, 19990 (Note: Information reed at 4:45 p.m., Friday, June 4...j Peter J. Szambelan PresidenVCEO 1EMPUCYVEns ® X"~ TEMVOgAgY 9EriVICEB 3igCE ~D.)R P.O. BOX 1828 4550 S.W. Kruse Way, Suite 300 Lake Oswego, Oregon 97035 (503) 635-2900 P.O. Box 1928 Lake Oswego, OR 97035-0018 4550 SW Kruse Way, Suite 300 Lake Oswego, OR 97035 TEMPORARY SERVICES SINCE 1947 ® Phone: (503) 635-2900 Fax: (503) 635-9447 June 4, 1999 Tigard City Council 13125 SW Hall*Blvd. Tigard, Oregon 97223 RE: 69th and Franklin Ave. LID Sidewalks Location Dear Council, We are the owners of a new building currently under construction in the Tigard Triangle on the corner of 69th and Franklin. We have just learned that our sidewalks will not be consistent with the rest of the block in that they will not be adjacent to the street curb. We are in complete agreement and support of Jim Corliss of Land Mark Fords' letter to the City Council on May 25th, 1999. We've enclosed copies of six photos of the site and adjacent property for you to review before next Tuesday nights meeting. We intend to be present at that meeting. In the meantime, If you have any questions, please feel free to contact us. Sincerely and Respectfully, Peter J. Sz ela President "HELPING PEOPLE SUCCEED" Web Silo: http://www.oostaffirig.cofn • E•Mail: IempinfoReostaffing.corn l~ Y1 Yom` yT. Y,. .~.yS~ ~~1~ Si-. `.3• ,y Rb. Li- d r I AW2 da Nam T t s. #A Kamm 11 xr/ • . fig. ~ a a ~::~aF~~.•N 'vim"Z ~.~j''' ~,/}!~p.!i~•rT F + t I p f ~ I s 1 I ti t r ~ I h Bill. a ±LZF~.. t' r f'' •Qw fr t t. k ar ~Ii IR .J i i - I _ t ~a •p/~~~~ Juno e-mail printed Mon, 7 Jun 1999 18:39:10, page 3 ccu P1 n. For your reading enjoyment, here's some of the material I've submitted in the agenda packet for Monday night's Council meeting. This Is kind Cllr of long, and I'm not sure if it will come through e-mail property - formatted. But if you peruse this you'll get a sense of how this is being presented to Council. For your records, I'm sending you a J S~1 complete set of materials via U.S. mail. Jeff (P.S. If you experience a "brown out" its probably because of a surge of all the electrons required to transmit this lengthy e-mail message to you. Sony about that.) MEMORANDUM DATE: JUNE 3, 1999 TO: HONORABLE MAYOR AND CITY COUNCILORS FROM: JEFF BAUMAN, PUBLIC WORKS DIRECTOR RE: RESOLUTION NO. 1557 FUTURE WATER SUPPLY SUMMARY Wilsonville's current source of water (i.e., the deep local aquifer) is incapable of supplying the City's needs on a sustained basis. Years of study and public discussion have enabled staff to extensively evaluate future water supply options. Throughout this evaluation, there has been one issue of foremost concern: adequate margin of safety for the potable water delivered to our customers. Only if that "threshold" criterion is satisfied do other factors play a role In comparing alternative supplies. Such factors include reliability of supply, environmental stewardship, and cost. As described in more detail in the following pages, staff believes treated water from the Willamette River will be a safe and reliable long-term water supply while affording the City the greatest certainty and control over program implementation and costs. It is therefore Wilsonville's best option for water supply. Resolution No. 1557 calls for the following actions: develop treatment and transmission facilities to utilize the Willamette River as Wilsonville's primary source of water supply; " establish ongoing water quality monitoring of the Willamette River; i " continue conservation efforts to use our water resources wisely a and efficiently; encourage and support measures to assure "raw water" quality in the Willamette River remains suitable for municipal water supply, and improves even further over time; " maintain and operate the Chys existing wells as a supplementary water supply and as an emergency back-up supply; authorize the issuance of revenue bonds with referral of the proposed funding plan to the September ballot for voter approval. RECOMMENDATION Adopt Resolution No. 1557. Note: Resolution No. 1558 is also provided as an alternative course of action, should the Council wish to select the Bull Run-Columbia MINES Juno e-mail printed Mon, 7 Jun 1999 18:39:10, page 4 Wellfield option as the primary source for Wilsonville's future water supply. BACKGROUND History of Planning Effort: Wilsonville has depended on groundwater from focal wells to meet this community's need for water supply. More than two decades ago, however, it was evident the local aquifer would be unable to serve the growing needs of Wilsonville. It was anticipated the City's long-term supply would be treated water from the Willamette River. Accordingly, the State granted Wilsonville municipal water rights for nearly 20 million gallons per day (mgd) from the Willamette, with priority dating back to 1974. In the past eight years the City's water shortage has intensified - - and so has planning for future water supply. In 1991-92 Wilsonville was one of 35 agencies in the Regional Providers Advisory Group which conducted Phase I of an evaluation involving 29 potential sources of water for the Portland metropolitan area. This study concluded that 6 of these options (including the Willamette) merited further consideration. From 1992-94 a pilot-scale water treatment facility was set up in Wilsonville to demonstrate how the Willamette River could be treated with readily available technologies to provide potable water meeting all existing and foreseeable drinking water standards. From 1993-96 Wilsonville was one of 28 agencies that prepared and endorsed the Regional Water Supply Plan, which further analyzed the 6 options recommended during Phase I of this study effort. This Regional Plan specifically identified Wilsonville as one of the localities facing imminent needs where new resource capacity would be needed prior to the year 2000. The Regional Plan goes on to say that construction of first phase supply facilities on the Willamette River is one of the suitable options to meet this imminent need. From 1996 to the present, additional engineering and water quality monitoring studies have been undertaken with regard to the Willamette River. While considerable effort has gone into evaluating the Willamette River option, the search for a future water supply has by no means been limited to the Willamette. Other alternatives have included: water conservation; Portland's Bull Run-Columbia Wellfield system; groundwater from the so-called "Troutdale" aquifer; a technique called aquifer L, storage and recovery (ASR); the Clackamas River; reuse of "gray water" (i.e., water from sinks, dishwashers, washing machines, bathtubs, showers, etc.); cisterns to collect rainwater; and impoundments on local creeks. Having reviewed all these possibilities, the Wilsonville City " Council in.June of 1998 directed staff to expedite planning and development of the Troutdale Aquifer as the City's next increment of water supply. The Council further directed staff to continue evaluating both the Bull Run-Columbia Wellfield and Willamette options for the City's ultimate supply. By December of 1998 it became evident the a Troutdale Aquifer was not a viable option, hence attention has focussed on the Bull Run-Columbia Wellfield and Willamette alternatives. The Portland Option: On December 15, 1998, the Portland Water Bureau issued a report entitled "Portland Water System Plan for Expanded Southwest Service." This document describes supply and transmission improvements that would be needed to meet the future needs of all Portland's existing customers Juno e-mail printed Mon, 7 Jun 1999 18:39:10, page 5 plus the additional demands of Wilsonville, Tigard, and Sherwood. Table 2 of this report is provided as an attachment to this memo. Table 2 identifies the new facilities that would be needed between now and the year 2040 to provide water to all the customers, including Wilsonville. This option calls for increased use of the Columbia Welffield; raising of two dams in the Bull Run watershed; construction of a fittration/disinfection facility for the Bull Run supply; three large-scale aquifer storage/recovery projects; and numerous water transmission lines. The report provides preliminary cost estimates and rate information, based on a generalized cost allocation formula that assumes 22 "wholesale" customers plus Portland itself will share the costs of these improvements. The actual cost allocation and rates to each jurisdiction would be the subject of negotiations between all the parties involved. The Willamette Option: In December of 1998, the consulting team headed by Murray Smith & Associates issued a report entitled "Willamette River Water Supply System." This document describes supply and transmission improvements that would be needed to meet the future needs of the cities of Wilsonville, Tigard, Sherwood, Tualatin, and the Tualatin Valley Water District. Essentially this alternative involves construction of water transmission lines and modular development of a Willamette water treatment facility. The report provides preliminary cost estimates and rate information, based on a generalized cost allocation formula that assumes up to 5 agencies would share the costs of the improvements. As with the Portland option, the actual cost allocation and rates to each jurisdiction would be the subject of negotiations between all the parties involved. The Portland and Willamette options will be compared in more detail below. But in general it can be said the Willamette option entails fewer projects, less cost, fewer agencies/approvals, and more controversy than the Portland option. Water Quality and Public Safety: The controversy alluded to above centers around the nature of the watersheds involved and the quality of the "raw" untreated water at each source. The Bull Run watershed is located entirely within a forest. Human access to the Bull Run watershed is tightly restricted. The Columbia Wellfield is located in part near an industrialized area with highly contaminated soils. Studies to date indicate this contamination has not reached the portion of the aquifer where municipal water is pumped. The Willamette watershed upstream of Wilsonville is 4 predominantly forested but also includes significant urban, agricultural, commercial, industrial, and recreational activities. While chemicals of concern to human health are virtually undetectable in the "raw" water at the intake structures for any of these potential supplies, there is no such thing as "risk free" tap water. i Some people have asked: Why even consider the large, unprotected Willamette watershed if the more prstine Bull Run supply is available? This is indeed a threshold question. If a water supply Willamette or otherwise) does not include adequate margins of safety, it should not be a pursued. Other factors or criteria are irrelevant if the water is not safe to drink. The following paragraphs discuss the extent to which risks to public health have been considered. 1. An enormous amount of water quality information has been generated in the course of this planning effort - - far more than other municipalities across the country generate when considering their potential water supplies with lesser "raw" water quality than any of the ilium= Juno e-mail printed Mon, 7 Jun 1999 18:39:10, page 6 options Wilsonville has considered. In our planning, more than 8 years of water quality data have been utilized. These data have come not only from consultants hired by Wilsonville or Tigard to study the Willamette option, but also from the U. S. Geological Survey and the Oregon Department of Environmental Quality. The data bases are entirely consistent with one other, and have been reviewed by consulting teams hired by various regional and sub-regional entities. All have concluded the Willamette is a viable source for municipal water supply. 2. Our goal has never been to merely meet minimum health standards. In addition to chemicals regulated by drinking water standards, our water quality monitoring and treatment technologies have focussed on all chemicals subject to future drinking water regulations; on chemicals detected anywhere in the waters of the Willamette watershed no matter how infrequently or how dilute; and on chemicals suspected of causing endocrine disruption. The results indicate that in nearly every case the potentially harmful organic compounds are undetectable by the rigorous detection limits specified by federal health agencies for this purpose. Of the few detectable compounds, they are detected infrequently and in every case the concentration in "raw" untreated water is below (i.e., in compliance with) all existing and proposed drinking water standards. 3. Of the thousands of potentially harmful chemicals in the environment, drinking water is not a significant pathway for the vast majority of these compounds. Human exposure to chemicals in the environment is most often via ingestion of food, workplace exposure and/or breathing contaminated air. Hence drinking water standards focus more narrowly on the compounds most likely to be of potential concern in water supplies. And the drinking water standards themselves include a large margin of safety. The standards assume an individual will drink two liters of the affected water every day for a seventy-year life span. Additional adjustments are made to protect especially vulnerable populations (e.g., children). These models used by the EPA are considerably more conservative (i.e., protective) than most other schemas commonly used for risk estimation. The Oregon Derision of Health (the lead regulatory agency for drinking water in this state) has indicated the mufti-barrier treatment process proposed for the Willamette option is more than adequate to satisfy health requirements. Mere conventional water treatment (i.e., flocculation and sedimentation) would be sufficient to meet drinking water standards. The Willamette option is designed to immediately produce potable water that is well below all existing and all anticipated regulatory requirements for drinking water. The Portland option meets all existing drinking water i requirements, but would not fully address anticipated standards until 1 the year 2020 when filtration and disinfection facilities are added to the Bull Run system. 4. For decades, municipalities across the nation have successfully used the proposed treatment technologies to produce potable water from rivers considerably more contaminated than the Willamette. To assure such treatment methods perform as desired here in Wilsonville, a pilot j treatment plant was operated to document the effectiveness of these a technologies locally. In addition to demonstrating the effectiveness of a this treatment process on "raw" Willamette water, the pilot project went on to further evaluate the effectiveness of this technology under extreme conditions. The most widely used synthetic organic chemical in the Willamette watershed, atrazine, was added to the "raw" water in amounts which far exceed the concentrations that have ever been measured anywhere in the Willamette River. This test was to simulate the simultaneous occurrence of an atrazine spill and deferred maintenance of the water treatment equipmerd. As expected, the pilot plant produced 'IM mill 11111111 Juno e-mail printed Mon, 7 Jun 1999 18:39:10, page 7 potable water that consistently met all existing and anticipated drinking water requirements - - even under this extreme scenario. 5. We actively sought out independent experts to advise us on the health implications of the Willamette option. These experts included: a professor of Environmental Science at Portland State University, a professor of Environmental and Molecular Toxicology at Oregon State University, a professor of Environmental Engineering at Oregon State University, a former Chief of the Pesticides and Toxic Substances Branch at EPA's National Enforcement Investigations Center, an Environmental Toxicologist at the Oregon Department of Environmental Quality, the Health Effects Specialist for Drinking Water at EPA Region 10, and research team comprised of a Biochemist at Michigan State University and a consultant in Toxicology & Risk Assessment. The first five of these individuals were panelists for a public meeting before the Wilsonville City Council. The other two provided written materials for our deliberations. Without exception, these experts indicate the Willamette option can easily function within acceptable margins for public health and safety. 6. Existing water supplies throughout this region are successfully providing potable water to customers from sources as diverse as the Bull Run watershed, the Columbia Wellfield, the Clackamas River, the Trask/Tualatin River, and the Molalla River. For decades, the Willamette River itself has been used by the City of Corvallis as a water supply. Other than the Bull Run, these are unprotected watersheds subject to varying degrees of forestry practices, agricultural uses, recreational activities, storm runoff, industrial influences, and other potential sources of contamination. The treatment methods used for these water supplies vary according to the sources of "raw" water, but in no case is there 100% removal of contaminants. Nonetheless, water providers and customers as well as health officials acknowledge all these systems to be operating within acceptable levels of risk. It should be noted that in the case of the Willamette option for Wilsonville, the level of risk is not measurably higher than any of these other water systems. Yet the level of treatment proposed for a Willamette treatment facility in Wilsonville greatly exceeds the level of treatment anywhere else in the state. In short, we have not relied on one consulting firm, one agency, one health official, one year, one independent expert, one laboratory, one study, or one success story from elsewhere. For each of these important dimensions we have obtained multiple inputs - - and they all lead to the same conclusions: In terms of known risks to public health as reflected in drinking water standards, treated Willamette water would be superior in quality to any other water in the region - - including Bull Run. ° Health concerns regarding the Willamette option are essentially speculation about the unknown. There is no such thing as "risk free" drinking water, and there will always be "unknowns" of potential concern to any water supply. Nonetheless, the extensive amount of available information demonstrates that both the Portland and Willamette options are well within acceptable margins of safety for drinking water. Since both options afford adequate margins of safety, it then becomes relevant to once again ask: Why consider the large, unprotected Willamette watershed if the more pristine Bull Run supply is available? The following sections of this memo address that question. loll 11111MM 5131N Juno e-mail printed Mon, 7 Jun 199918:39:10 , page 8 Reliability of Supply: In part, this issue has to do with the facilities themselves. On the one hand, there is less likelihood of operator error or equipment failure with the Portland option because it involves little or no treatment. At least this is the case between now and the year 2020 when the Portland option calls for construction of fittration and disinfection facilities. But there's another, perhaps more significant way to evaluate the reliability of water supply. Water providers refer to this as the "robustness" or redundancy built into the system. In this regard, the Willamette option fares better than the Portland option. Currently, the Bull Run is the largest water supply in the region. If Wilsonville and others opt to be added to the Portland system, this reliance on Bull Run and the Columbia Wellfield will increase. The Portland supply can be (and has been) temporarily disrupted by such things as winter storms that stir up sediments in the reservoirs, and landslides that take major transmission lines out of service. Less probable, but potentially more serious, are disruptions caused by earthquakes or volcanic eruptions or Cryptospoddium outbreaks or sabotage of the water system. The Willamette option, however, would further diversify the water supply network. Wilsonville (and the region as a whole) would be less dependent on any one source of water. For this reason the Regional Water Supply Plan rated the Willamette option as preferable to increased dependence on Bull Run in terms of the region's ability to respond to catastrophic events. There's another aspect to reliability of supply. It involves the degree of involvement and control of decisions that determine the allocation, transmission and cost of water supply. In the case of the Willamette option, the City already possesses adequate water rights to meet long-term demand. These water rights date back to 1974. Construction of a municipal water treatment plant would perfect these rights, making the water available to Wilsonville in perpetuity. This is an exceptionally valuable asset which very few municipalities in the region have. Furthermore, the City owns sufficient land (sited in accordance with the Regional Water Supply Plan) to build all the needed water treatment facilities. While it would be advantageous for Wilsonville to partner with Tigard and others in a Willamette water supply system, it is also feasible for Wilsonville to implement the Willamette option on its own if for whatever reason it became necessary to do so. In fact it would be cheaper for Wilsonville to build a treatment plant all by itself than to lay 16 miles of pipeline needed to be into Portland, and then assume a share of the costs for other improvements to the Portland system. Thus the Willamette option provides Wilsonville certainty of future supply; greater control over the timing and outcome of decision making; more assurance that the development moratorium may be permanently lifted; and the ability to own (rather than "rent") its water supply system. On the other hand, the Bull Run-Columbia Wellfield option requires fourteen major projects (see attached Table 2) to be implemented over a 40-year period in order to assure adequate water supply for Wilsonville as a customer of the Portland system. If Wilsonville chooses this Portland option, a mutually agreeable contract would have to be negotiated among 23 agencies, assuming they all want to be supplied with Portland's water. Should one or more of those agencies have issues and/or time frames that differ from Wilsonville's, it could impact the implementation of needed facilities; the cost to Wilsonville; operational considerations such as what hours of the day water is available to refill ,ach city's storage tanks; and potentially the a 1111, Juno e-mail printed Mon, 7 Jun 199918:39:10 , page 9 ability to secure the desired amount of water when it is needed "at the end of the line" here in Wilson' le. For example, there is some question whether all the potential partners would be willing to accelerate their rate increases for major capital expenditures on behalf of the imminent needs of a few jurisdictions such as Wilsonville. There is also growing question whether Portland customers (and the Portland City Council belt) is willing to provide additional water to Wilsonville If it means everyone on the system would routinely be served blended Columbia Wellfield water as called for in the Portland option. Another question has to do with ownership of the resource. Portland indicates it has the authority to sell water to wholesale customers, and Commissioner Erik Sten has said that joint ownership is an issue he is willing to put on the table for discussion. However at this point in time, Portland does not have the authority to relinquish or share ownership of its water supply. tt would take an act of the full Portland City Council, and perhaps an amendment to the City Charter, to empower such a partnership. Despite Commissioner Sten's words of encouragement, shared ownership of water supply is far from a "done deal." These are but a few of the numerous issues to be worked out between all the participating agencies and their decision-making boards. As a practical matter, Wilsonville would be a relatively small voice among the 23 partners, particularly because several of the agencies use water far in excess of the amount needed by Wilsonville. Other jurisdictions are fully aware of Wilsonville's urgent need for water, and that under any scenario Wilsonville would have to commit tens of millions of dollars years in advance of Portland or the other potential partners. Hence Wilsonville would enter such negotiations with relatively tittle "clout" at the bargaining table. The goal here is not to be isolated or provincial. Rather the issue is to be consistent with and supportive of a regional system, while maintaining each agency's ability to assure a reliable and cost-effective water supply to its respective customers. In Wilsonville's case, the Willamette option achieves this goal better than the Portland option. Environmental Stewardship: There are several aspects related to the overall environmental implications of the Portland and Willamette options. Such issues include: the immediate but relatively short-term impacts of construction activities for needed supply and transmission facilities; the habitat impacts of raising existing dams or building new impoundments; disruption to wetlands and wildlife; and fishery impacts associated with diverting large amounts of surface water for municipal water supply during the summer season when demand is at its highest and stream flows are at their lowest. The Regional Water Supply Plan took { all these factors into account and rated the Willamette option as having the least damaging effect on the environment. i Cost: Portland's Bull Run-Columbia Wellfield option, whether Wilsonville goes that route with partners or .alone, will be substantially more expensive than the Willamette option, either with partners or alone. (Note: Cost estimates for the Willamette River Water Treatment Plant are from a December, 1998, report by FCSG, Murray Smith & Associates, and Montgomery Watson entitled Willamette River Water Treatment Plant IN ;I'll 11 Juno e-mail printed Mon, 7 Jun 1999 18:39:10, page 10 Preliminary Engineering Report. Cost figures for the Willamette option with partners are from that report. Cost figures for the Willamette option alone and the Willamette option with Tigard are from an earlier report by Montgomery Watson. Cost estimates for the Portland option with Tigard, Tualatin and Sherwood are from a December 15, 1998, report from the City of Portland Water Bureau entitled Portland Water System Flan for Expanded Southwest Service. Wilsonville staff modified these projections for the Portland attemative without partners.) In order for Wilsonville to receive water from Portland, we would have to build new pipeline connections to the terminus of the Washington County Supply Line. These connections would have to bypass the City of Tigard, where the City Council has already voted to tap the Willamette River as a drinking water source. In addition, Wilsonville would have to pay a proportional share of the costs of a second Washington County Supply Line, as well as other improvements to the City of Portland system that are expected to occur over the course of the next 40 years at a total cost of $550 million. These projects are fisted in the attachment to this memo. Wilsonville's cost of capital improvements for transmission system improvements and connections to the Washington County Supply Line with partners would be $62.5 miiCon. The cost for those improvements without partners would be $90.8 million. On top of this, Wilsonville's projected share of future improvements to the Portland system would be in the $15 million to $16 million range (1998 dollars). It's important to note, however, that for the Portland option to work, Wilsonville must make its investment in transmission system improvements immediately, with no assurance that Portland and its partners would make the future improvements that are necessary to guarantee continued supply in the quantities we need. The cost information provided by Portland staff indicated that Wilsonville would pay a wholesale rate of $0.50 per hundred cubic feet (ccf) of water. However this cost does not include pumping costs and "wheeling" charges to transport the water from the Powell Butte reservoir to Wilsonville. When these costs are included, the wholesale rate becomes :$0.87 per ccf. It is this cost that has been used in the rate projections shown below. However this is likely to be an underestimate of what the actual charges would be, in that it makes no provision for "peaking" charges that are typically assessed based on summer demand. For example, Portland is currently charging Tigard a wholesale rate of $1.23 per ccf based on peak season usage during the summer of 1998. Based on the preliminary engineering report prepared by Murray-Smith a Associates, Wilsonville's capital cost for 20 million gallons a day from a Willamette River treatment plant with partners would be $31.3 million. The capital cost without partners would be $42 million. Using these figures, staff has calculated the rate and system development charge (SDC) impacts of each of the options. In addition to capital investment, the rate projections include operating expenses as well „ The following table shows the average bi-monthty residential water bill, 3 rounded to the nearest dollar, based on wintertime use of 18 ccf. a Year Willamette River With Partners Willamette River Alone Portland With Partners Portland Alone !III Ill,Il!l 1 11 IN Juno e-mail printed Mon, 7 Jun 1999 18:39:10, page 11 Capital Only Capital & Interest $31.3 million $56.8 million $42.2 million $73.8 million $62.5 million $104.3 million $90.8 million $148.8 million 2000 $38.00 $38.00 $38.00 $38.00 2005 $64.00 $59.00 $86.00 $97.00 2009 $64.00 $84.00 $119.00 $166.00 2015 $56.00 $74.00 $101.00 $142.00 2020 $53.00 $78.00 $101.00 $137.00 2025 $43.00 $57.00 $65.00 $77.00 2030 $40.00 $46.00 $55.00 $71.00 2035 $46.00 $50.00 $60.00 $60.00 2040 $47.00 $46.00 $69.00 $69.00 The cost implication s are similar for systems development charges (SDC), as shown in the following table depicting this charge for a single family home. Current $2,681 Willamette River Alone Willamette River with Partners Portland with Partners Portland Alone Proposed $3,834 $2,761 $4,585 $5,711 (Note: SDCs would increase annually in proportion to increases in the Portland construction price index.) A more complete table of rate and SDC impacts is included in your packet. The significance of this information is that under all circumstances the Willamette would be less expensive than the Portland option. In terms of revenue bond financing, a couple of other issues are worth noting. Resolution No. 1557 (i.e., the Willamette option) is for a bond authorization up to $25 million. This amount would be sufficient to fund an initial increment of 10 mgd treatment capacity (with partners) or 5 mgd (without partners), with oversized intake and transmission facilities to allow future expansion to 20 mgd. The $25 million amount also covers bond issuance costs, which are above and beyond the capital and operating costs discussed above. Bond issuance costs include such things as bond rating fees, bond counsel fees, financial advisor fees, and underitiriter fees. Attematively, Resolution No. 1558 (i.e., the Bull Run-Columbia Weflfield option) is for a bond authorization up to $93 million. This amount is for needed transmission capacity to assure the system is capable of delivering 20 mgd from Powell Butte to Wilsonville. This includes immediate construction of a line from Wilsonville to the Washington County Supply Line in Beaverton, and when [.ownoers of the Washington County Supply Line need their capacity (after 201) to construct a parallel line from Beaverton to Powell Butte. The $93 million includes bond issuance costs, but does not include source or treatment improvemerrts that will eventually be needed in the Portland supply system. Subject to negotiations, Wilsonville's share of the regional sourcehreatment projects is estimated to be in the $15 million to $16 million range, which would be on top of the $93 million proposed Juno e-mail printed Mon, 7 Jun 1999 18:39:10 , page 12 in Resolution No. 1558. Conservation: Although mentioned toward the end of this report, conservation is not an afterthought. To the contrary, conservation should be an integral part of any water supply decision. Some people, however, have mistakenly characterized conservation as the near-term answer to the entire region's water supply. While other agencies can (and perhaps will) increase their conservation efforts, Wilsonville has for years been a leader in this regard. Attached to this memo is a listing of the City's water conservation program for the summer of 1998. A similar program will be in effect for the summer of 1999. Despite all these conservation efforts, Wilsonville is in the midst of a water shortage so severe that the City Council in January of 1998 placed a moratorium on approval of new development applications. According to state law, this moratorium must be lifted no later than January, 2000. Whereas conservation efforts may be a way to postpone major capital investment elsewhere in the region, Wilsonville can no longer postpone investment in a future water supply. Whether Wilsonville chooses the Portland option or the Willamette option, it will be necessary to spend tens of millions of dollars in the immediate future to obtain enough water to sustain this city's existing development, not to mention growth. If Wilsonville decides to purchase its water from Portland, and if Portland along with the other wholesale partners wish to postpone major capital investments for expanded capacity, then Wilsonville would be dependent on the conservation efforts of the rest of the region to assure enough water is available at the "end of the line" in Wilsonville - - even if Wilsonville itself continues to meet its conservation target. Public Involvement: As the Council knows, a lengthy and comprehensive effort has occurred to inform and involve the public in this issue. There have been three special public forums of water supply. Numerous regular and special City Council meetings have been held at which the water issue was discussed and public testimony was taken. The regular meetings of the City Council have been televised and rebroadcast on local access cable T.V. This issue has received more publicity than any other in the City's history. Well over 100 articles, "Point of Yew" pieces, and letters to the editor have been printed in the Wilsonville Spokesman, with additional articles published on numerous occasions in the Metro Southwest and Op/Ed sections of the Oregonian. There have been articles on this subject in virtually every issue of the City's newsletter (the Boones Ferry Messenger) for more than a year-and-a-half, with nearly as many articles in the City's regular mailing (the Seedling) sent to all members of the Chamber of Commerce. Hearings, meetings and water supply issues have been publicized via direct mail and utility bill stuffers. Staff provided briefings on the water issue to every one of the City's boards and commissions, as well as to numerous community groups. In an August 1998 survey of Wilsonville voters, 91 % of respondents said they considered themselves somewhat or very well informed about the water issue, and our public information efforts have only intensified since then. Finally, the Council has repeatedly pledged to refer its decision to the voters in the September special election - - the ultimate form of public involvement. Juno e-mall printed Mon, 7 Jun 199918:39:10 , page 13 Conclusions: The City's water supply options have been extensively studied and thoroughly discussed with interested members of the community, as well as with Independent experts. Conservation measures have postponed major capital Investments as long as possible, but a new water supply Is needed Immediately. A lengfy public process has resulted In two options (the Buff Run-Columbia Wellfield and the Willamette) as being the best alternatives for Wilsonville's future water supply. Both of these options afford adequate margins of safety for potable water supply. Both of these options are fully consistent with the Regional Water Supply Plan. In terms of reliability of supply, environmental stewardship, and cost, the Willamette option Is preferable for meeting the future needs of Wilsonville. 1 therefore respectfully recommend that you select the Willamette option and proceed as expeditiously as possible to implement this alternative. I recommend the City continue to emphasize wise and efficient use of water, and that the existing was be maintained and operated as a supplementallemergency back-up supply. I further recommend that Wiisormlle continue to participate in ongoing monitoring of the Willamette River, and that the City support efforts to protect and enhance the quality of this important resource. --G-1804289383-928776035=:1373- -INetAddressPart-00-=_gRA63840S90633d3ed- dG Agenda Item No- 3-1 MEMORANDUM CITY OF TIGARD, OREGON Meeting u4 TO: Honorable Mayor and City Council FROM: Bill Monahan DATE: June 1,1999 SUBJECT: COUNCIL CALENDAR, May 1999 - July 1999 Regularly scheduled Council meetings are marked with an asterisk If generally OIL, we can proceed and make specific adjustments in the Monthly Council Calendars. June * 08 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting * 15 Tues Council Workshop Meeting (6:30 p.m.) 18-20 Thurs- Tigard Festival of Balloons Sun * 22 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting July 05 Mon Fourth of July Holiday - City Hall Offices Closed 13 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting * 20 Tues Council Workshop Meeting - (6:30 p.m.) * 27 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting Au ust *10 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting *17 Tues Council Workshop Meeting (6:30 p.m.) *24 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting i:\adm\calhy\cou ncil\cccn1.doc I 110 11 OEM 11.1 RON Agenda Item t ~iri Meeting of C Council Tentative Agenda 05122199 - Business Workshop Due: 6110199 06115199 - 613199 Study Sessi°II 6108199 - Business Due: Wor►tshop Due 5121199 Topics Com Hance U date - Risk -30 nun- study Session ADA Facili ed from 5125199) Y2K U date - Risk - 15 min. mov min A , ection s Trainin C El ~Cp Fundin Resolution Review - Ad min - 10 Review - Bill ora st ns - CD Work Session - tem sent Agenda U date _ Loreen lions Discussion con Water O Fac Receive &F1 le: ADA ance Bud et Ad,ustments (2) - Fm Consent Agenda Receive & File' Admin 3.1 A rove minutes - 3.2 a. Tentative A enda - in 3.2 b. Council Calendar - Adm to ees - HR COLA for M 't• Prof. Em les -Admin Amend Council Gro e al" Policies - Inform ation A rove CouncilN" o Inter-Libra Finance - (tee? p rove IGA - Business R'Ieetting & Ado lion - time? Wilinet) - Libra Svcs. - Libra Finance - Network ( W Public Libra 1999100 Bud et Hearin 20 mm LS A - Finance ineering - ent - Atfalati Study - _ Fin. State-share revenue s g 9100 a Eng n rove IGA Budget Adjustor CIP Budget for FY 15 min Adjust ment - Police Veb halt icle Pedestri Replan Ce Path Awn Allow Water Budget Council oat Oda om • Plan A'm'end. -Wetland Fill Bid Award of Jack ParkAs public Hearin WROD) - Resource Overla District CO (time? Pro'ect Bnsn Meeting CD 10 min for the Fanno Creek Trail Vacation - (30 min) V CA Res. (brief overview & 1answer 0 min any PH _ Ross Street, Street CA Funding Electi 1 min. PW questions raised from 6115) W as ton County Metro Greens aceosri Continuation tiTamion 5 °f Hearinn CD Initiative - Forward to Water conservation ansion - PW I Ballot Cook Park Master Plan x e W etland Mitigation - CD - 5-10 min- Pacific Ridg H, Response Jim Corliss Issue -Jim Discussion -Intel Corporation jp~ 612199 71 Council Tentative Agenda ' 07/13/99 - Business 7/20/99 - Workshop 07/27/99 - Business Due: 7/1/99 Due: 7/8/99 Due: 7/15/99 j Study Session Workshop Topic, shady. Sesstoat Council Liaison Re orts 4 Non Agenda 'i Endangered Species Act Presentation - Liz 20 min. 1 { `a consent enda.., CaOvnt Atencia 1 3.1 Approve City Council Minutes - Adnun 3.2 a. Tentative Agenda - Admin 3.2 b. Council Calendar - Admin. 'i ' 1 iisiness'1L1[eeting BusinessMeeting Vision U date on cable - Loreen/Liz 15 min. Public Hearin - Wall Annexation (Metzger Area Annex. Hearin - Walnut/Tiedeman Area Julia, Solid Waste Transfer - Schmidt's -Risk - 15 min. 1 G/2/99 3 j Y AGENDA ITEM # .j. 3 FOR AGENDA OF 6/8/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE MEMORIAL POLICY PREPARED BY: William Monahan DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council adopt a policy on placing memorials in City park facilities, within City-owned properties, and for City buildings. STAFF RECOMMENDATION Staff recommends that the City Council adopt the guidelines developed by Public Works and Administration staff. INFORMATION SUMMARY On May 11, 1999, the City Council in a Study Session discussed a recommendation of public works and administration staff to adopt a policy which has three distinct parts. One part deals with placing memorials within City park facilities. A second part addresses how distinct elements within City owned properties may be designated as memorials to individuals. The third element creates a Council policy for naming City-owned buildings and park properties. The City Council should review the attached policy and either propose revisions prior to adoption or adopt the policy as written. OTHER ALTERNATIVES CONSIDERED 1. Take no action to create a Memorial Policy. 2. Revise the proposed policy and direct staff to return with a revised policy for Council consideration. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A iAadmkathy%agenda item summary memorial policy.dot =M=, Ism ININIMMi AGENDA ITEM # J. L/ FOR AGENDA OF 6/8/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment to Council Groundrules PREPARED BY: William Monahan DEPT HEAD OK _ CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council revise and update the Council Groundrules (Resolution 98-48)? Annually, the City Council reviews the Council Groundrules and makes necessary revisions. During the Council meeting of May 11, 1999, Council directed that two changes be made to the rules within the section entitled Conduct of City Meetings. Council directed that the appointed time for calling for a Point of Order be revised from 10:00 p.m. to 9:30 p.m. and that the time set as the Council goal for adjournment be changed from 11:00 P.M. to 10:00 p.m.. STAFF RECOMMENDATION Staff recommends that Council adopt the attached Resolution, adopting a modified Exhibit "A" to replace Resolution No. 98-48. INFORMATION SUMMARY Periodically, the City Council revises the Council Groundrules. In 1998, Resolution No. 98-48 revised Council policy superseding prior Council Groundrules. Resolution No. 98-48 states that annually the Council will review Council Groundrules in either July or August. In addition, the Groundrules can be reviewed and revised at any time of the year when a specific issue is identified requiring action. During the May 11, 1999 Council meeting, Council discussed revising two sections of the Groundrules which apply to Conduct of City Meetings. Council directed that at each Council meeting which reaches the hour of 9:30 p.m., a Point of Order will be called to review remaining items on the agenda and to determine whether agenda items should be reset or rescheduled. In addition, Council directed that the goal of a time for adjournment be changed to 10:00 p.m., an hour earlier than the 11:00 p.m. time designated in the existing Council Groundrules The attached Resolution and revised Exhibit "A" carries out Council direction. In accordance with the Groundrules, a time for review of the Groundrules will be set for either the July or August workshop meeting of Council. OTHER ALTERNATIVES CONSIDERED Make no changes to the Groundrules. s ' VISION TASK FORCE GQAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A i:\adm\sheila\council agcnda item summary-amendment to council groundrules.dot I AGENDA ITEM # 5 FOR AGENDA OF~rt 9 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Adopting Tualatin Valley Fire and Rescue Ordinance 99-01 and Repealing Ci of Tigard Resolution 97-32. PREPARED BY: Robert Poskin DEPT HEAD OK Y MGROK ISSUE BEFORE THE COUNCIL Should Council repeal City of Tigard Resolution 97-32 and adopt Tualatin Valley Fire and Rescue Ordinance 99-01 ? STAFF RECOMMENDATION Adopt the attached ordinance (Exhibit "A", pages 1-48). INFORMATION SUMMARY Building Departments, under agreement with the State of Oregon Building Code Division, must enforce the requirements of the Uniform Fire Code and subsequent amendments. Tualatin Valley Fire and Rescue, by rule, is exempt from adopting fire regulations prescribed by the State Fire Marshall's office, and must therefore, adopt Fire Codes and Standards for Tualatin Valley. The matter before Council is the Codes and Standards adopted by Tualatin Valley Fire and Rescue. Enforcement of the Uniform Fire Code and amendments (Ordinance 99-01), is a function of this Building Division, with amendments printed and provided to this department by Tualatin Valley Fire and Rescue. Further, under the provisions of ORS 478-924, a City is required to adopt a Fire Prevention Ordinance adopted by a district. City of Tigard Resolution 97-32, approved on 8-12-97, adopted the Tualatin Valley Fire and Rescue District Ordinance 96-01. This resolution will be repealed in coordination with the adoption of TVFR Ordinance 99-01. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY n/a FISCAL NOTES n/a 1AcityWidc\5lm VvfivH.doc MEMORANDUM TO: Honorable Mavor and City Council FROM: R. Poskin, Building Division RE: Resolution adopting TVFR Ordinance 99-01 DATE: May 18, 1999 Analysis of Revisions 99-01 vs. 96-01 SECTION IX - ENFORCEMENT OF CODE This section is new to the Ordinance. It is added to address the growing concern connected with liability with regard to enforcement of the Fire Code. This paragraph, written by the attorney representing the District, is designed to provide discretionary power for those individuals charged with enforcement of the Fire Code. The District can only provide a certain level of service with its current staffing and funding; this section addresses that issue. The intent of the District is to provide the highest level of service with the resources available, however, this requires prioritization of some functions. This new section is intended to relieve the District of the liability of those functions that cannot be accomplished. SECTION X Item 9 - This section amends the fire apparatus access requirements with regard to residential occupancies, and allows for less restrictive provisions when automatic sprinkler systems are installed. Item 12 - A district SOG requires Knox Box type key boxes on certain buildings. This addition is a copy of the SOG language added to the Ordinance as per a request by the building officials during the adoption process. A Knox Box is a secure box that is placed on the outside of a building and keys for that building are placed inside. TVF&R fire apparatus carry a master key for the box, which allows entry to any building with only a single key. Item 15 - The UFC requires the installation of fire hydrants, but is very general. This section details the District requirements for distribution and placement of fire hydrants and fire department connections for both commercial and non-commercial structures and meets Insurance Services Office (ISO) requirements for distance to hydrants. (ISO evaluates individual fire districts, and assigns a classification between one and ten that is used by the insurance industry in setting fire insurance rates.) This section has been further modified from Ordinance 96-01 and now prescribes language regarding the placement of fire department connections and their associated hydrants for R1 occupancies (apartments). Item 18 - This section is added to address an increasing demand for partial fire alarm systems in buildings that would otherwise not require a fire alarm system. The current code does not address partial systems. The underlying philosophy to this amendment is the premise that "some is better than none." In the past, the District has not allowed a non-required fire alarm system unless it was complete. This amendment allows a building owner to install a system in selected portions of a building. This amendment also assures that partial systems, when installed, will conform to all applicable standards and codes and that they receive appropriate maintenance. Item 21 - This section is amended to correspond with the State Fire Marshal's amendment which redefines the requirements for establishing alarm zones with regard to fire alarm systems. This amendment makes it easier to establish the exact location of the specific device that is sending the alarm signal to the panel. Item 24 - This section is added to alleviate the District of the responsibility of approval and maintenance of written fire and life safety plans in lieu of an area of rescue assistance. An area of rescue assistance is a designated place in a building where handicapped persons are taken during an emergency to await rescue. The building code allows for the area of rescue assistance to be eliminated when a building contains an automatic sprinkler system, but requires a written fire and life safety plan which must be approved and maintained by the fire department. It is the opinion of the Fire Marshal's Office that an automatic sprinkler system is a sufficienfirade-off for an area of rescue assistance without a written fire and life safety plan, which are extremely difficult to maintain. The District's Operational Guideline 3001 will serve as the fire and life safety plan. This guideline contains provisions for a systematic search of all buildings during emergency situations. Items 26 through 28 - These sections are amended to correspond with the State Fire Marshal's amendments to Article 24. These changes came about as a result of a collaborative effort between the airline industries, Oregon airports and the Oregon Fire Code Committee. These sections address fueling of airplanes - specifically, overwing fueling, bonding and certification of attendants. Items 30 through 34 - These amendments merge the previous Article 53 into Article 45. The entire Article 53 was an Oregon amendment regulating the application of organic and thermosetting plastics (basically fiberglass application). The requirements contained in Article 53 are now merged, more appropriately, into Article 45. Article 45 regulates the application of flammable finishes. Items 35 & 36 - These amendments merge a portion of the previous Article 53 into Article 51. (see explanation for items 30 through 34) Items 37 through 41 - These revisions integrate Appendix II-F (Protected Aboveground Tanks) into the body of the Uniform Fire Code within Article 52 (Motor Vehicle Fuel- Dispensing Stations). These revisions expand the scope of protected aboveground tanks containing flammable or combustible liquids to general storage applications. (A protected aboveground tank is a tank which is provided with protection from physical damage and fire resistive protection). The District has already been allowing the expanded use of protected aboveground tanks by policy prior to this code change. This amendment will appear as model code in the next edition of the Uniform Fire Code and is currently contained in the latest supplement to the 1997 UFC. Item 43 - This section is amended to correspond with the State Fire Marshal's amendment requiring emergency breakaway devices on compressed natural gas dispenser hoses. Breakaway devices are already required for LPG and gas/diesel dispenser hoses. Item 44 - This section is amended to correspond with the State Fire Marshal's amendment which more stringently regulates the filling of liquid oxygen inside of buildings by limiting the amount. This amendment came about as a result of an increasing number of oxygen dependent school-age children who require bottles refilled while at school. The current code allowed a large quantity of liquid oxygen within a school building. Item 53 through 62 - These revisions integrate Appendix II-F (Protected Aboveground Tanks) into the body of the Uniform Fire Code within Article 79 (Flammable and Combustible Liquids). See analysis for items 37 through 41. Item 68 - This amendment is a result of a fire Portland Fire Bureau experienced which spread due to the use of a combustible trash chute. These provisions, created by the Portland Fire Bureau, are intended to mitigate the spread of fires due to trash chutes. Item 69 - This change correlates with items 37 through 41 and items 53 through 62. Item 70 - A new standard added that correlates with item 44. Item 71 - This change correlates with items 37 through 41 and 53 through 62. Item 74 - Appendix III-F is a new appendix added to the Ordinance developed by TVF&R. It requires that a final set of plans for new buildings be submitted to the District for use during pre-fire surveys, creating quick-action plans and other preventative activities. The scope is limited to certain buildings. hb1dg\bobpVnomo051799.doc E-+ CA H H 3 ~K ~ F? •~:yi'~'6:rv..;,~;r~:` ~ s~£Y~k"t`1~`j~b~t'gy~f?~zC~." .rb~tes ■ CITY OF TIGARD, OREGON - RESOLUTION NO.97- 3 a A RESOLUTION OF THE CITY OF TIGARD, AMENDING RESOLUTION NO. 93-02, AND ADOPTING THE TUALATIN VALLEY FIRE AND RESCUE DISTRICT ORDINANCE 96-01. WHEREAS, the Tualatin Valley Fire and Rescue District passed Ordinance 96-01, effective October 21, 1997; and, WHEREAS, the City Council has received and reviewed the Tualatin Valley Fire and Rescue District Ordinance 96-01; and, WHEREAS, ORS 478.924 requires that Tigard adopt said ordinance for it be effective within Tigard; and WHEREAS, the City Council believes, along with the District, that there is a need to update the fire code to the most current uniform standards. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tualatin Valley Fire and Rescue District Ordinance No. 96-01 be adopted as provided by ORS 478.924, and set fort1h in Exhibit "A" of this resolution. PASSED: This QL_day of S 1997. or -City of Tigard ATTEST: ~-tuui u ~ City Recorder - City of Tigard 1~.40UMON NO.9'7.3 2' Pop I ~~r•~tM!A~i~$i~,..:«.... . •._.~..........,..,Y~~:rrr:2C~fi!X14,~c~!:~:2t?1;~6^s34"si;+e+.tYii~'~'t+mv..:ti.__.~:.,..,.. Y~.,_:r.::;:. Y ORDINANCE 96-01 t, ti# AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR TUALATIN VALLEY FIRE AND RESCUE A RURAL FIRE PROTECTION DISTRICT, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR r OPERATIONS, AND REPEALING ORDINANCE 92-01. ` WHEREAS, Tualatin Valley Fire k Rescue A Rural Fire Protection District, has developed uniform fire regulations for the jurisdictions served; and, WHEREAS, Tualatin Valley Fire and Rescue A Rural Fire Protection District, hereinafter referred to as the District, desires to and finds it necessary to adopt the following regulations to provide minimum fire safety and that a plan for insp~ons and maintenance will upgrade ;s. existin& structures, thereby reducing hazards of fire, tfius does hereby adopt the following a regulations; and now, therefore, f. ~ IT IS ORDAINED AS FOLLOWS: ;r TITLE AND FILING: This ordinance, including the codes hereby adopted, shall be filed in the record of the District and in the office of Washington, Multnomah, and Clackamas County Clerks and State Fire Marshal's office as prescribed by RS 478.940. A copy shall be posted at each fire station within the District. From the date on which this ordinance shall take effect, provisions thereof shall be controlling within the territorial limits of the District and within each city or county within the District approving pursuant to ORS 478.924. The whole of this ordinance shall be known as the Fire Prevent;oe and may be referred to as the Fire Code and shall be enforced by the Fire Marshal's Office created by Ordinance 914M r~ a~ 'r. SCOPE: This Fire Code provides minimum life and fire safety regulations to reduce the hazards of fine, explosion a.,d other perils. The code also protects ' and property to a reasonable degree by supplementing laws relating to fire safety and shall apply to existing buildings. SECTION 1, ADOPTION OF UNIFORM CODES The following codes are hereby adopted by the District for the purpose of prescribing mplations governing conditions hazardous to we and property from fire or explosion. Those certain codes and standards known as the: A. Uniform Fine Code, 1994 Edition, Volume 1, including Appendices I-A, I-B, I-C, II-A, II-B, II-C, II-D, H-F, II-I, III-A, III-C, IV-A, V-A, VI-A, VI-B, VI-F, and VI-F as gubiished and copyrighted by International Fire Code Institute and International onferenee of Building Officials, except as hminaf ter amended by this Ordinance. B. Uniform Fut Code, 1994 Edition, Volume Z as published and co ighted by the International Fire Code Institute and international Conference of Building Officials, except as hereinafter amended by this Ordinance. S~01I% 1 S -~sW(f.Tix9Nw.ii. ,1•L.. ...........-w.w•`rNR'?Ais~'C'71:'V""trAaarlir.+4TiX~~•Sf.;.`•lb:w....:...ti,.~;i..._..~*~%ry~'s. ~wr.c SECTION 11, DEFINITIONS Definitions set forth in the State of Oregon Structural Specialty Code and State of Oregon -n Mechanical Specialty Code, Uniform Fire Code and the National Fire Protection Association (NFPA) codes, standards, recommended practices and guides are hereby adopted save and r except for the following: s A. Whenever the terms "Administrator", "Director", or "Chief" are used, they shall be held to mean the Fire Chief or authorized representative. B. Whenever the term "Authorized Representative" is used, it shall be held to mean• the person charged with enforcement of the Fire Prevention Code. f C. Whenever the term "Board of Appeals" is used, it shall be held to mean the Board of Appeals that is provided by the Fire Prevention Code of the District. D. Whenever the term "Board of Directors" is used, it shall be held to mean the elected officials of Tualatin `Talley Fire and Rescue A Rural Fire Protection District. E. Whenever the term "Uniform Buildingg Code" or "Building Code" is used it shall be held to mean the State of Oregon Structural Specialty Code, 1996 Edition, as ` adopted by the State Building Codes Division and made effective April 1, 1996. F. Whenever the term "Building Department" is used it shall be held to mean the r_ building department of the city or county of which it is a part thereof. G. Whenever the term "Building Official" is used in the Uniform Buildingg Code, u ` Uniform Mechanical Code and ORS Chapter 455, it shall mean the Build a Official of the city or county which is a part of this district. H. Whenever the term "Chief" or "Chief of the Fire Department" is used, it shall be held to mean the Fire Chief of the District. I. Whenever the term "Chief of Police" is used, it shall be held to mean whichever chief of Police or Sheriff has jurisdiction within the geographical area so affected. J. Whenever the term "Chips" is used, it shall be held to mean small pieces of wood by-products that will not pass through a 6.25 inch (6.4 mm) screen. Chips are used in the manufacturing of pulp and odwr wood products. K Whenever the term "Cold Deck" is used it shall be held to mean a single ranked rj pile of logs with individual logs. Jy+}L Whenever the term "Corporate Counsel" or "City Attorney" or "Attorney" is used, it shall be held to mean the Attorney for the District. M. Whenever the term "District" is used, it shall be held to mean Tualatin Valley Fire and Rescue A Rural Fire Protection District. N. Whenever the term "Fire Prevention Bureau" is used, it shall be held to mean the Fire Marshal's Office. 0. Whenever the term "jurisdiction", "city", "county", "state", or "municipals " is used, it shall be held to mean the district or the city or county of which this District is a part. y#Fy P. Whenever the term "hazardous vehicle" is used, it shall be held to mean vehicles blocking or obstructingg a public or private right-of-way or fire hydrants, or vehicles with leaking duel tanks or other hazardous materials, or vehicles located in violation of the Fire Prevention Code. tY0! ~ y a Q. Whenever the term "Hogg ed Material" is used, it shall be held to mean a mixture» of bark, chips, dust or other pieces of natural wood by-products. 4tz R. Whenever the term "Lumber" is used, it shall be held to mean timber sawn into standardized members or boards. ' S. Whenever the term "Uniform Mechanical Code" or "Mechanical Code" is used it N shall be held to mean the State of Oregon Mechanical Specialty Code, 1996 Edition, r as adopted by the State Building Codes Division a--td made effective April 1, 1996. ` f ' T. Whenever the term "Plywood- is used, it shall be held to mean waferboard, oriented strand board, particle board, fiber board and composite panels. % U. Whenever the term "Yard Waste Facility" is used, it shall be held to mean a facility in which yard waste from tree, brush and other natural materials is processed into chips or hogged material. V. Whenever the term "room" is used, it shall be held to mean a space or area bounded by any obstructions to exit passage which at any time encloses more a; than 80 percent of the perimeter of the area. In computing the unobstructed perimeter, openings less than 3 feet in clear width and less than 6 feet 8 inches f high shall not be considered. •r~ SECTION 111, ESTABLISHMENT OF LIMITS FOR STORAGE OF FLAMMABLE OR ' COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE GROUND TANK: .r The limits referred to in Section 790222.1 and 7904.25.4.2 of the Uniform Fire Code relating to the storage of Class I and II flarnmable liquids or combustible liquids in outside aboveground tanks, are the limits of the District. EXCEPTION: The Chief, after conufderabon of tullt4n lire protection or Ore extingulsl*v tam or topographical oondroona and the OisbWs f flghft i on 3t~i of above ground storage tanks In Inclustrial areas, farms, rock quwdu and other isolated areas. „s ~l. SECTION IV, ESTABLISHMENT OF LIMITS FOR STORAGE OF EXPLOSIVES AND BLASTING AGENTS: of; The limits referred to in Section 7701.7.2 of the Uniform Fire Code, relating to the storage of explosive materials, are the limits of the District. EXCEPTION: The Chief, after consideration of bWt.in fee protection or file w&WW*V facilities or topognss" wndifta. and On s may Porn* of ev"M and blsstlnp aganta on Urns. q vel Wis. rock quarries, and bo s N d ' Stoat. SECTION V, ESTABLISHMENT OF LIMITS FOR STORAGE OF LIQUEFIED PETROLEUM GAS: I't The limits referred to in Section 82042 of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as the limits of the District. EXCEPTION: The Chef, afterconsJdentlon of bullMn fbs aNciftnorfdalighth or faclllMes or 85on of BQLVW parokKn gas in indus~at cross ~fanr gravel phis, rock Quarries. and ether areas, and than only when apgroval has been obtained putwant to Section 16202 of ft tlnlform Floe Coda. 3111196 3 i?I~', B "''1. era« ..._...ir...w.0AW-'d'A04,00 r W ti . F9'f.:4i~d','CYdiaCuew,nt~1...:.✓ r : SECTION Vi, AMENDMENTS MADE IN THE UNIFORM FIRE CODE: The Uniform Fire Code is amended and changed in the following respects: a I. Section 101.4 is amended to read as follows: "The Chief, with the approval of the Board of Directors, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be r necessary from time to time to carry out the intent of this code. A minimum of one certified ; copy or number required by the governing laws of such rules and regulations shall be filed with the Clerk of the District and the Clerk of any cities or counties governed by the jurisdiction and shall be in effect immediately thereafter and additional copies shall be kept in ine office of the fire district for distribution to the public." ' 2. Section 103.2.1.1 is amended by deleting the word "and" at the end of number 7, adding a comma to the end of number , and adding the following. "9. The adequacy of means of approach to buildings and structures by mobile fire apparatus and firefighting personnel," u ` "10. Providing firefighting water supplies and fire detection and suppression `y apparatus adequate for the protection of buildings and structures," ~s ' "11. Lssuance of permits before burning trash or waste material, and " "12 Inspection of premises by officers desi ted by the Chief and requiring gna z removal of fire and life safety hazards found on premises at such inspections " 3. Section 103.3.11 is amended by replacing the word "shall" with "may" in the first sentence. 4. Section 103.4.4 is amended by lacin the word "misdemeanor" with "violation of the Fire Code (see ORS 478.930 and.99 " 5. Section 103.45 is amended by deleting the fast sentence of the section, as follows: "See the procedure specified in Chapters 4 through 9 of the Uniform Code for the Aliatmmf of Dangerous Buildings." 1' 6. Section 105.8 is amended by deleting all permits, except the following. Tables 105-A, 105-B and 105-C a_-e deleted from this section and a new Table 105 is hereby created. F c.2. Carnivals and fairs c.7 is amended to read: "To store, use or handle at normal temperatures and pressures compressed gases in excess of the amounts listed in Table 105. A Permit is also required to install, repair, abandon, remove, place temporarily out of service, dose or substantially modify a compressed gas system." 'EXCEPTtOM: 1. For rwAm ffanwwm. 2. For emwgw{,y n"w wain ptdlonnmd on wawVwwj gaits.' C.9 is amended by replacing "Table 105-B", with "Table 105." e.1. Explosives or blasting agents t~O t,~ a ro~~r<.r•,"ryc7.yi' 41"~:~N~'r'/5•T YO:. a.ly:. tAv':iM1ifr• .lV✓' M1':.:dS'`,,a(' :~i. i a f.3.3 is amended to read: "A permit is required to store, use or handle flammable or combustible liquids in excess of those specified in Table 105..E permit is also required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify tanks or piping systems.' M is amended by replacing "Table 105-C" wherever it appears in this paragraph with "Table 105. h2 is amended to read: "A perndt is required to store, handle, or use hazardous production materials in Group H, Division 6 Occupancies when materials are greater than those specified in Table 105." "M Haunted Houses." U Liquefied petroleum gases o.2 Organic Coatings. p2 is amended to read: "A permit is not required for occupancies permitted by the building department for Group A m-upancies. Other occupancies used for temporary assemblies shall obtain a permit." p3 Pyrotechnical special effects material U Tents, canopies and temporary membrane structures r ct~a mr.+.,yt~}r`i'r~.l~(1?f•M,Yi , -r• , F. 7. Table 105 - Permit amounts for Hazardous Materials Presenting Physical or Health Hazard''xa CONDITION _ STORAGE USE - CLOSED SYSTEMS USE • OPEN SYSTEMS Mare W CLAW Solid Liquid Gas Cu. Solid Liquid Gas Solid Lbs. Liquid Gallons Lbs. Gallons FL lbs. C,-Am Cu. FL (Cu. FL) (Lbs.) Cu.Ft Cu. FL I 1.1 Comdrswe EqA II NA 120 NA NA 120 NA NA 30 III-A NA 330 NA NA 330 NA NA 6fl 111$ NA 13,200 NA NA 13200 NA NA 33M 1.3 Cnpqenic~ tlawnade or 45 NA NA 45 NA NA 10 2.1 Eighosim 1 1 NA 114 114 NA 114 1K 3.1 Ftawnable solid 125 NA NA 0 NA NA 0 NA ' 32 Rvrtnal* gas (gasaotts) NA NA 750 NA NA 750 NA NA NA 15 NA NA 15 NA NA NA 33 Rartmabls Equid I•A NA 3D NA NA 3D NA NA 10 I8 NA 60 NA NA 60 NA NA 15 r 14; NA 90 NA NA 90 NA NA 20 t Cwbhatim IA 1.8,14; NA 120 NA NA 120 NA NA 30 4.1 Orgw*kpwadde,uhdass~ed 1 (1) NA 114 (114) NA 111 (114) delonade 42 Oryanio pwowe 1 5 NA 1 1 NA ! 1 a 50 50 NA so 5D NA 10 1 III 125 1 NA 125 / NA 25 IV 500 500 NA 500 NA 100 1 V N.L. NL NA N.L. N.L. NA XL NL 43 07 ftw 4 1 1 NA 114 1N NA 114 114 3 10 10 NA 2 NA 2 2 250 MO) NA 250 NA 50 1 4,000 4,000 NA 4,000 NA 1,000 1 4.4 O>-go (9) NA NA 1,500 NA NA 1,500 NA, NA NA 15 NA NA 15 NA Rk NA 5.1 4 1 50 1 1 10 3 0 6.1 Unsuble (reactive) 4 1 1 10 111 1N 2 114 1N 3 5 50 9 1 10 1 1 2 50 50 250 5a 250 10 1 1 N.L. N.L. 750 N.L NL NL N.L N.L. 7,1 wa* reactive 3 5 NA S NA 1 1 2 50 NA so NA 10 1 t 1 125 1 NA 125 1 NA 25 i ! 8.1 Canoslree 5,000 500 810 5A00 500 810 1,000 100 9.1 t!a Wks 1 1 770 1 1 20 1N 1 ,i 10.1 krbvles 6A00 500 BID SHOD 500 810 1000 100 11.4 Serves 51000 S00 B10 5,000 500 B10 11100 100 ="S 129 01W INUM huards SAO 500 810 5,000 500 810 = 1DD 13.1 Tote 500 B10 810 125 1 ffi NA • not appal able N.L . not RmIted 'r. t7 JC:~9 1 The appregeto gacw" in use and storage shall not exceed the quantity hated for storage. 2 The qusntNy of atoohoeo beverages in r*W sales occupanryea ore wed provided the liquids are padtagad in kxliWdual 00nlakws not nding 4 Rtem. 3 M a berdng where trios Von one business Is bested each buskass shoe apply for an kxw*w pwn* based an Ow permit quw*fts opeelhd in tMS LqW. d rf 2/01196 6 }1+'Ri'Zti!Jiio•']`Z1;`~✓~'SI:fM. ......i..,:L •.,K.: 2~"fd..JVN.CVL..:.M1~•':'f7fd~I'J~.. ..P s'.1 r.V~a a...._.. _....~~....~.•s`wi+.~: ''~r i 8. Section 901.45 is amended by adding: r. , "901.45.1 No Parking Signs. ' 1. Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810 to 98.812., 2. Vertical no parking signs shall be mounted with a clear space above ground level of 7 feet Idgh. y 3. Vertical no parking signs shall be 12 inches wide by 18 inches high. Signs shall f L > have red or lack fetters and border on a white background. `t :~a r "Section 901.4.5.2 Curb and Surface Markings. c:. Fire Access Road Curbs shall be painted yellow and be posted "No Parking Fire r' Lane" at each 25 feet. Letterin shall have a stroke of 1-itch wide by 6-inches high. GIs Roadway driving surfaces, at the discretion of the Chief, shall be painted with &mch diagonal striping. The color shall be yellow against a high contrast background." art 9. Section 90224.1 is amended by adding a third paragraph to read: ' . ' "The Chief ma order any vehicle to be removed which is in violation of the Uniform s` fi Fire Code and/or is an obstruction to suppression of fire. If the vehicle is left unattended, the Chief may cause the vehicle to be towed. Towing expenses will be incurred by the owner." 10. Section 903 is amended as follows: "903.3 Required Fire Flow: No building shall be constructed, altered, enlarged, moved, or repaired in a manner that by reason of size, type of construction, number of stones, occupancy, or any combination thereof creates a need for a fire flow in excess of 3,01)0 gallons per minute at 20 pounds per square inch residual pressure, or exceeds the available fine flow at the site of the structure. The ' requirements for determining fire flow for all buildings are set out in Uniform Fire Code. A pendix ffi-A, in areas with municipally developed water supplies; p 12i or, National Fine Protection Association (N1~3'A~ Standard 1,1993 Edition, Standard on Wates Suppfirs fir Su6urbrm and Rural Firrfighting for rural areas where y no mupall y developed water supply is available, which is hereby adopted - and by this reference becomes a part of this ordinance." 1 rl *EXCEPTION: Re flow aerA*emorris in excess of 3.000 galons per mimft may be aAowed ff. into opagan of ft Goofed, 89 rsasonsbia meftds of red KkV ft be Gm have bean WWW wow ohm devdoprnr M end no a Kmw h=aw to 6t w d propoty exists. 9 bmMMP Vwl roqLft a Ans flown In exwm d 3.000 9anom pw rr mft we not n Kpjkw to c=* %Wlh ft Am flow reqjkwnwft of Qds wcgm Howavw. dtior gn in o ndas at an }e dtianeter of ooovpwx*m, adarations, eddbns or repairs eW not Uthar trrmme G a required "903.3.1 Rural Water Supply: Outside of the boundaries of a municipal type water 7 I the water supply for firefighting shall be provided in accordance 1231. NO": Croft tbt kWASNUOn of dwm systs:m in Sw*m V). Rant 28 of Oft w0mn= 8s not appkabb to Vft Swoon ° 'EXCEP4P0l+f8: (f) VV-*n snake deftbon would pmdum adverse or sane e4arrra, upon PAWnW of to Chief. Axed twr xe or rob of rise heat dskm*m may be wA d. ti~01/46 ~ (2) In other than the occupancies listed In ORS 479.010()(1). where In the opinion of the Chlof the lots of t. a structure would not incur substantial impact on the oommunity financially. cornrnerdal occupancies L~. shad be aquipped with c smoke detection system installed throughout complying with Uniform Fire Coda Standard 10-2 and 10.3 that is monitored by a central station which has been approved by the ~.5 Chief. J1 (3) When them are not more than two Group R•3 or Group U occupancies on a single parcel of not less Ihen one ecre, the requirements of this section may be modified provided. in fhb opinion of the Chief. firefighting or rescue operations would not be impaired "903.3.2 Municipal or Public Water SuppI An approved water supply for areas inside water districts or municipally developed water supplies (private or capable of supplying requu'ed fire flow for fire protection shall be f x public) to all prenuses upon which buildings are moved or portions of buildin are hereafter constructed." ,a • 'EXCEPTION: Exceptions 02 and 43 of Section 903.3.1 may be applied to Section 903.3.2.' 11. Section 903.4.2 is amended by adding.' "903.4.21 Commercial Buildings. Fire hydrants shall be located so that no portion j ~i of the exterior of a commercial building is more than 250 feet from a fire hydrant as x; measured in an approved manner around the outside of the structure and along the approved route of travel accessible to fire apparatus. The minimum number ofg h`= hydrants shall be determined by the following .1 hydrant for the first 2,000 gallons per minute of fire flow and 1 additional hydrant per 1,000 ons per minute or y, . fraction thereof of fire flow. Hydrants shall be determined prior to giving credit for fire protection systems in Section V1, Item 23 of this ordinance." w.+ 'EXCEPTIONS: (1) When such buildings are protected throughout with an approved automatic fire oftVuishing system the Chief may allow variations up to a ffunkm rn of 500 feet provided adequate prom is 't mafntainad. s r (2) Terr>parary and portable structures used at eonsw ion sites when both the 4olvaing conditions we provided: r f A. When Uts shctures are riot bas than 40 fast from the ptnary structure(s) under oons$ucwn or buimngs r on a*mnt properties. y~. B. When the combined areas of the temporary porUdA& structures era r:ot greater titian 2.500 square *0 In size. Area: of structures may be considered as aepsr+¢Ia when ituere Is 40 bet or rtes between each ' group of buildings. Thr square footage of cargm oxftk s shall also be &xArded in the area.' % "903.4.2.2 Rion-Commercial Buildings. Unless otherwise approved by the Chief, fire hydrants shall be placed at each street intersection. Intermediate hydrants are required wheu► the distance to any part of a non-commercial building exceeds 500 feet as measured in an approved manner around the outside of the structure and along a route of travel accessible to fire apparatus." . "Note: For thaw purpose of Section 903. a'eonwianlal bariSding' rneam a bump used for o0w than Group R Dhrtslon 3 (Nihon buR as one or two feed dweftp). Group U. or 89da t4ural ooeuparldit as defiled in the Budd ins Code.- '903.4.2.3 Fire Department Connection Prenurized Hydrants. Fire hydrants on private water mains that are pressurized by a fire depart rient connection shall not be considered to contribute to the above requirements unless specifically approved by the Chief.' 11903.4.24 Fire Hydrant Distance from Driving Surface. Fire hydrants shallaced not more than 15 feet from an approved access roadway unless ow- ally approved by the Chief." S o ll" 8 41~~ .iM1 S .'814tLri,w~~"Y::6o3:; TnCs;.~»~ .c „ww•uc~ 'A.!W."t2a, .i'rMmtt .h•.: w.,~_....'. _.~.:.r-'ox..•'!iL "903.4.2.5 Fire Department Connections. Fire department connection(s) shall not be attached to the protected structure unless approved by the Chief. Fire department connection(s) shall be located within 70 feet (21336 mm) of a fire hydrant." 1 12. Article 10 is amended by adding Section 1007.2.6.5, to read as follows: x+ti "1007.2.65 lumber, plywood and veneer mills. Lumber, plywood and veneer mills F` shall be provided with a manual fire alarm system See Section 3004.7 of Attachment #Z." 13. Section 1107.1 is amended by adding the following subsections: ;r<<. "1. The use of portable electric heaters and fuel fired space heaters in Groups I and SR Occupancies is prohibited." ^s "2. All portable electric heating devices shall have a high-temperature limiting device and atip-averswitch. Use of unvent'ed fu fired space heaters shall be approved by the Chief.,' T-; 14. Article 11 is amended by adding Section 1115, Collection and Storage of Combustible, s<~ Recyclable Materials, to read the same as the State Fire Marshal's amendment to the Uniform Fire Code. (see attachment #1 to this Ordinance) 15. Article 13 is amended by adding "When required by the Chief," to the beginning of Section 1303.3.1. (Me remainder of Section 13033.1 remains the same.) =a 16. Article 30, Wood Products, is amended to read the same as the State Fire Marshal's hr. amendment to the Uniform Fire Code. (see attachment #2 to this Ordinance) } 17. Article 53, Thermosetting Plastic Manufacturing Facilities, is added to read the same as ' the State Fire Marshal's amendment to the Uniform Fire Code. (see attachment #3 to this Ordinance) t~ 18. Article 63 is amended by deleting Section 6323. 19. Article 77 is amended to read the same as the State Fire Marshal's amendments to the Uniform Fire Code except Sections 77013, 77013.1, 77013.2, 7701A and 7701.72 are retained. 20. Article 78, Section 7802, is amended to read the same as the State Fire Maaslul's amendment t to the Uniform Fire Code except 7802.43 is retained. (see attachment #4 to 21. Section 7901.32 Plans is amended to read "Plans shall be submitted with each application for a permit to store more than 1,000 gallons of flammable or combustible liquids.. "(the remainder of Section 79013.2 remaans unchanged). 22. Section 8201 is amended by deleting the second sentence and creating a paragraph to read: 'Tor regulation of liquefied petroleum gas, see ORS 480.410 through 480.460 and OAR 837-30-100 through 837-30-280.- MI/96 9 ! ~ 'Wt~~~:iittsP~a,~,r~,Kt:~•r>.,,.~ _ ,~~r,:a:t~;cY._%.'.'Fur,I.t.:~..o:5~k.::kiFir.~:.........~_----,.. ........_....:.~c,.~ 23. Section 8202 is amended as follows: "8202.1 Permits and Plans. The Chief shall be notified prior to the installation of i.' f.,. containers or receptacles approved for liquefied petroleum gas, including installations at private homes and apartments." f: 'EXCEPTION: The replacement of empty containers or receptacles with other containers constructed in accordance with the interstate Commerce Commission specikations.' r ~f "82022 Fees. All fees due and payable shall accompany the notification. The Chief shall collect from the installer an installation inspection fee to cover the cost of initial inspection by the Chief after installation. The installation inspection fee shall be set by ordinance." !1! "8202.3 Plans. Where a single container is over 2, ons (7571L) water capacity or the aggregate capacity of containers is over 4,000- (151442L) ater capcitythe ins er shall submit plans for such installation prior to setting any tank(s). " ~J 24. Articlb 82 is amended by adding a new Section 8215 as follows: i "Section 8215 - Utility Plants. 8215.1 GeneraL No person shall maintain or operate a liquefied petroleum gas utility plant without first obtaining a permit from the Clued. 25. Article 82 is amended by adding a new Section 8216 as follows: , -Section 8216 - Licenses. 8216.1 General. No person shall enga a in or work at the business of installing, altaring, extendin g or repairing liquefed petroleum gas equipment or a liances unless the peasan has received a gas installation license from the State Marshal in acrordanre with ORS 480.410 to 480.460, as now enacted." 26. 'T'able 8204-A, Footnote 5 is amended as follows: s The followinjEshall apply to above ground containers installed alongside buildings "and property lines . 27. Article 94 is amended by adding the following standard to Section 9003: "n.22- 46 Recommended Safe Practices for Storage of Forest Products." 28. Appendices I-D and I-F are added to this Ordinance as written and adopted by the State Fire Marshal's Office. (see attachments #15 and #6 to this Ordinance) 29. Appendix M -A is amended as follows: Section 4 to amended: "4.2 Area Separation. Each portion of a building s~~arated one or more area aration wall(s), in accordance with the Uniform building Code, Section 544.6 may sep be considered as) separate fire area(s) for the purpose of determining the required fire flow." ~ro l l96 10 Dt ta•ur i~Fmr+'~~N1f ~Sss~i: i.'.~~'l;r,-•' ~•,p~, v. y~.• ••v:. i:r~.n-i Y':• nr,.. ,........«a:Ne~wo.Mw.. . 1f Section 5 is amended: :q sf ; y 5.2 Buildings other than One and Two Family as'vellings. The required building fire flow and duration shall be determined by the size and construction type of the.;: structure under consideration." s f "5.21 Occupancy Hazards" :s "5.21.1 Single Occupancy Hazards. Where only a single occupancy hazard is y'a housed in a building the minimum required building fire flow shaII be multilied by the hazard factor it 'Table A-III-A-2 to determine the total required fire flow.' "5.2.1.2 Multiple Occupancy Hazards. Where more than one hazard is housed in a r building the minimum required buildug fire flow shall be proppoortioned bye pert antage of the floor area used for each occupancy hazard. Re proportioned 'e building fire flow shall be multiplied by the hazard factor, relating to that portion of the building in table A-III-A-2 and totaled to determine the required fire flow." `Table A-III-A-2 ` Light Hazard Occupancies 1.0 4 Ordinary Hazard (Group 1) 1.2 Ordinary Hazard (Group 2) 1.3 Extra Hazard (Group 1) 1.4 Extra Hazard (Group 2) 1.5' "Note: For examples of Occupancy Hazard Classifications see UBC Volume 3, Standard 9-1, Appendix Section A-1-4.7.' "52-2 The product of the multiplication in either Section 5.2.1.1 or Section 5212 yy provides the total required fur flow." "523 The total required fire flow may be reduced by one of the following options, but in no case a1II be less than 1500 GPM ® 20 psi residual.' -1. Reduced by 75 percent where a complete approved automatic fire extinguishing system meeting the requirements of the Uniform Building Code, Cha 9, is installed throughout the building and the system is fully and electrically t supervised in accordance with the Uniform Fur Code Standard 10.2 and is w monitored by an approved underwriters laboratory listed central station." -2. Reduced by 50 percent where a complete automatic fire extinguishing system meeting the requirements of the Uru'form Building Code, Chapter 9 is installed throughout the-building.' ^3. Reduced by 25 percent where an approved complete smoke sen=- *e detection and manual fire alarm system is ir~Ued throughout ding and electrical) interconnected one with the other and elerically intertacd to an aapprovedYcrntral receistation. The smoke detection system shall meet the requiranents of Uniform Fire Code Standards 10-2 and 103, and manual fire aalaum puU stations and systems shall meet the requirements of Uniform Fire Code Standard 10.2 The central station shall be Underwriters Laborattoorryy listed and approved by the Chief. The smoke detection option may be revoked by the Chief when excessive false alarms may occur or when other potential conditions may cause malfunctioning of the system." a~l~ It ti _ at f.a. tw.+!^u~;4dY~ r«t;~tiF.e~arr , _,.......r •r,=. .a:U.. SECTION VII, PENALTIES Any person who violates any of the provisions of these regulations hereby adopted or fails to comply therewith, or violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statements, specification or plans submitted and approved thereunder and from which no appeal has been taken, or shall fail to comply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction within the time affixed herein, shall severally, for each and every such violation and non- } ' . compliance respectively, be guilty of a violation of the Fire Prevention Code as provided in r; ORS 478.930, punishable upon conviction as prescribed by ORS 478.990. All fines or punishments authorized upon conviction shall include the costs to the District to remedy the violation including costs of towing, storage or removal of the hazard or obstruction if necessary. Any person who violates the provisions of ORS 478.960 (Burning of certain materials ' permitted only with permission of the Chief; Burning Schedule (1) through (8)) shall be guilty ' . of a misdemeanor, shall severally, for each and every violation be punishable upon conviction as prescribed by ORS 478.990 and shall be subject to costs under 478.965. The corporate counsel, the Chief, or the Fire Marshal or designated representative may bring' a complaint in law or in equity to alleviate a violation of this ordinance as well as in addition x to the rights to enforce said ordinance under the provisions of ORS 478.930 and ORS 478.990. SECTION VIII, PLAN REVIEW, SUBMITTAL OF PLAN FOR FIRE CODE APPROVAL Plans and specifications shall be submitted to the Chief of the District or authorized r representative for examination and approval with respect to conformance with these regulations and no construction shall proceed prior to such approval for the following. Flammable liquid storage, utilization or transportation or dispensing facilities; facilities for the storage, handling, transport and use of explosives and blasting agents; dry cleaning plants; facilities for the storage, handling, use and transportation of liquefied petroleum gas; or any other building, structure or facility wherein highly combustible or hazardous materials are manufactured, utilized, dispensed, conveyed or stored. When the Chief or authorized representative approves an such plan it shall be so signified r by means of a stamp and signature. All construction or alteration shall thereafter comply with the approved plan, in all respects, unless modified by subsequent written permit or order of the Chief. Plans and specifications shall be drawn to scale upon substantial paper or 4 cloth and shall be of sufficient clarity and detail to permit the Chief to determine the question of conformity with these regulations and shall include a plot plan showing type and location of the proposed buildings, structures, facilities and fire hydrant locations and access ways in y; . '='k ` relationship t0 the property lines, and all other buildings, structures and facilities proposed or existing on the premises. Approval of plans shall not be construed as a permit to violate any applicable law or regulation of the State, County, City, or Fire District. SECTION IX, FIRE CODE BOARD OF APPEALS Through adoption of the Uniform Fine Code, 1994 Edition, the District has the authority to establish a board of appeals. Such board of appeals may be implemented through bylaws and other procedures adopted by ordinance of the District. In the event that the fire district r t Board adopts a board of appeals, the provisions of this ordinance, where appropriate, be subject to the board of appeals procedures. $101/96 to . 4rYR39«' i~ erl_.~'.?~. ..,....777 _)t•...... ..i:i''StJ'~4'~'2e' d_ SECTION X, REPEAL OF CONFLICTING ORDINANCES ' Pursuant to ORS 478.924, the provisions of this ordinance, i.e. the Fire Code, shall be controlling within the territorial lirrdts of the District and within each city or county within the District ' approving pursuant to ORS 478.924. The existing fire code, Ordinance 92.01, has been approved within each city and county within the District. The District desires that the existing fire code ' continue in effect until such time as the cities and counties within the District have approved this new Fire Code pursuant to ORS 478.924. Accordingly, Ordinance 92-01, and all former ordinances or parts thereof, which are conflicting or inconsistent with the provisions of this ordinance or of the code or standards hereby adopted, are hereby pre salad, effective the effective date of this ordinance; provided, however, that Ordinance 92-01 shall continue in effect in each city or county which has approved it until the city or county approves this Ordinance 96-01. Further, prosecutions or violations under repealed ordinances may continue after the effective da!e of this ordinance. SECTION XI, VAUDITY The District hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Codes or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the District that it would have passed all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. a SECTION XII, DATE OF EFFECT The Board of Directors of the Fire District finds and determines that it is necessary and expedient that the provisions of this ordinance become effective 30 days following the final reading. First reading by Me o* this day of 19W. Seccnd reading by Title orgy this day of 1998. PASSED by the Dbbict Vis o2 ( day of - -1M. PRESdD~WT T ECMTARV RPptA~ IS :'';'~•~a!s':.S,Iat~Kif::~.;T!, .''le'!~",w. 'i`"r;:~: r:.. ~.<.,y;~YYd•'a.-<.... Attachment #1 SECTION 1115 - COLLECTION AND STORAGE OF COM 3USTIBLE, RECYCLABLE MATERIALS _rtir 1115.1 Scope. Buildings containing the collection and storage of combustible, recyclable materials shall be in accordance with r Section I 115 and shall be commensurate to the occupancy in which storage or recycling practices are conducted. This section ` excludes commercial rubbish handling occupancies and commercial paper recycling and plastic recycling occupancies. 1(15.2 Definitions. 11151.1 General. For definitions of APPROVED; LISTED; NONCOMBUSTIBLE; OCCUPANCY CLASSIFICATION and RUBBISH, see Article 2. 1115.2.2 Limited Application. For the purpose of Section 1115^ certain terms are defined as follows: RECYCLABLE PAPER AND PLASTIC MATERIAL means any paper or plastic that would otherwise be a useless, unwanted or discarded tr:..terial, except for the fact the material still has useful physical or chemical properties after serving a specific purpose, Wad the material has been kept separate from rubbish and waste material. 1115.3 Collection and Storage of Recyclable Paper. Recyclable paper collection and storage shall be maintained as follows:« 1. Desk side shall not exceed 15 gallons (57 L) total per desk [maximum of two 9-inch by 12-inch by 16-'inch (7.29 man by 305 min by f 406 mm) containers], in addition to collection and storage totals specified for small, medium, and large roans Containers shall be noncombusuble or accepted containers. 2. Small rooms [500 square fat (46.4 mt) or teas] shall not exceed three 15 gallon (57 L) containers. Conine s shall be noncombustible or accepted contains. '4=e; 3. Medium moms [ova 500 square feet (46.4 mt) but less than 1000 square feet (93 mm) or copy rooms] shall not exceed three 55 F galloon (208 L) containers. Containers shall be noncombustible or accepted containers. ; 4. Large rooms [over 1000 square feet (93 mt)] shall ON exceed three 55 gallon (208 L) for every 75 feet (22 860 nun) of travel. ` Containers shall be noncombustible or accepted contains. Note: Areas tom t: pletely separated by partition walls in accordance with the Oregon Str'rsctsvnl Sperialry Code maybe reclassified as small or medium roams for the purpose of placing recycling contains. S. Full containers shall be removed to an outside location or to an approved inside storage room- i..% I l ISA Accepted Cootaimem For the putposrs of Section 1115, examples of arxsptod containers include, but we not limitod to, the following: { I . At desk side fiber or polyethylene barrels or cardboard boxes or polypropylene-bag/rack systems may be use. 'r. 2. In small too= fiber or pol e&jIene barrels or cardboard boxes or polypcopykne-bag/rack systems may, be used. 3. In medium rooms polypropylene bagtmk systems or fiber or polyethylene barrels may be treed. 4. In large rooms metal containers or fiber or polyethylene barrels may be used. IVO77- In large rowns as of October 1, 2002„ cmaaaas unable to support doe cwftmu under ram taadiaioaa waill be pennitied only tar an A, inside a anal con or other approved solid emaloaL Tbis limiuaion aril! be reviex!od by the Stsee Finn: Marstari in cotlobcxa m wah the . mcyd ft iaduwy fin 1997 and 2000 a determine if haurds mid rift loeideats juseity in Lvicatescotion. EXCEPTION: to Cam* I and Group SP, Division 1. DivW w 2. Nvision 3.1 wA Division 4 OmoPmeies. containers used for ft abort tam storage of coaabousbk rwyciable menials shall be of noncombmvibk of other livAd maeritL ate to -teed 15 gaftlon (57 L) col-city. 1I I" Laeatlos of Contaiases 12 Balld hrgs/Frxitltlea. Location of eonninees in buildings mad faeilitoes:ltall be as follows: 1. Cori aittxts shall not be placed ww any exit, in any exit corridor, in of under any stairway, or nest arty poasrbk !seat soma. 2. Cortaloaxs shall no be used or stored is any location drat eosstitutes a hassad g mseer than would be esapeaod ht a eoraw office or clWSSroatn. specifkWI : ftmrsaee rooms. meehattial labs, tdmnisay laNa, biology labs. electrical roams, wood slaps, retahlin shops, or ol►er hanrdovs areas as c.etambW by tine chief. F 115.6 Centrsl C*Nftlbp red Scourge Areas.. Central collection and storage areas shall be as follows: 1. CeM11 storage hoeaiians am pr9ffetted to be located outside buildinglflc Ikas, Nut approved inside norep rims are pemitled. 2. Inside nofage shall be In areas of not less than one hour eoostruction with openings protected as fegjkW for occupancy t gxmlons NO I Rtt 14 1 4.>',s 'Y' t,.J4 ~ ~s . ~ s#r+Jabi"fRtt' f •,Y.i `:sSi :.~.f~ , 't{,~ r~~ d 1~ V`+rpJeV' and provided with an approved automatic sprinkler system or subject to the requirements of the chief. • • 3. "Hazardous Area -No Smoking" signs shall be posted and good housekeeping aball be maintained. 4. Containers made of metal. fiber, polyethylene, or noncombustible approved material are required. 5. Recyclable paper in the central storage area shall be removed from the building/facility on a regular basis as needed to maintain good housekeeping. In Group I and Group SR. Division 1, Division 2, Division 3.1 and Division 4 Occupancies, containers shall be emptied each day. 6. Allowable quantities of paper stored in rooms, facilities or other areas of storage shall be in accordance wit, Article 11. 7. In Group I and Group SR. Division 1, Division 2, Division 3.1 and Division 4 Occupancies, containers for long term storage shall be placed outside and a minimum of 5 feet (1524 nun) from the exterior of the building and shall be of a metal or other noncombustible and listed material with a metal or noncombustible lid in place at all times. 1115.7 Collection and Storage of Recyclable Plastic Recyclable plastic collection and storage shall maintained as follows: 1. Collection 1.1 Metal or other approved noncombustible containers with tight fitting lids shall be used at all times while within a structure. 1.2 Full containers shalt be removed to an outside location or to an approved inside storage room. 2. Storage 2.1 Central storage ioeatioas are preferred to be located outside buildings/facilities, but approved inside storage is permitted. 2.2 Central storage rooms shall have a minimum of one hour construes with rated openings at equipped with an approved automatic sprinkler system. Good housekeeping shall be maiamiaed and "Hazardous AreaI Smoking• signs shall be pasted. 2.3 Outside storage will be pasted "Hazardous Area-No Smoking" and good housekeeping shall be maimed. 2.4 Barrels made of metal or twncombusable approved material with metal or txia-eombnstible lids ate requis in ceattal collection and storage areas. 23 Rs /clable plastic In the central storage area shall be removed from the buildhgVfkHity on a regular basis = needed to rnairtmin good housekeeping. 23 Allowable quantities of recyclable plastic stored in rooms, facilities ac other arras of storage shaA be in aooordimce with Article 11. Ralf 1S If: .o'Wt>'L`.L':!.f.~t 7/il~yt~-0~^:J}21:1^=:%: R..': •l...wr...... .....t., x /.)':'ItYf'. 'C': = 9!.'1:9'R'1:....•3?..f ."...'t'.QKY..:. r. r.. . ".i ~f•.. Attaah=nt #2 ' fit t G; ARTICLE 3u - WOOD PRODUCTS {T Yj , SECTION 3001 - SCOPE =t The storage, manufacturing, processing and sale of wood products and by-products shall be in accordance with Article 30. + SECTION 3002 - DEFINITIONS 3002.1 General. For definitions of APPROVED, CHIPS, COMBUSTIBLE FIBERS and COMBUSTIBLE DUST, see Article 2. . 3002.2 Limited Application. For the purpose of Article; 30, certain terms are defined as follows: >yf; Fines are small pieces or splinters of wood by-products that will pass though a 025 inch (6.4 mm) screw. Plywood and Veneer Mills are facilities that process raw wood products into finished wood products that include wafaboard, y..~ oriented strand board, fiber board, composite wood panels and plywood. Raw Products is a mLxmm of natural materials such as tree or brush trimmings or waste logs and stumps. .in.S r Static Piles we piles in which processed product is mounded and is not being turned or moved. Timber and Lumber ProducWn Facilities are facilities that process raw wood products into finished wood products. Treated refer to only wood products that have been treated with a petroleum-based product. j'. Unit is 200 cubic feet (5.7 m) of solid wood, chips or hogged material. ^v~ ~i SECTION 3003 - PERMITS 11Z, e;~ For permits for wood product storage, see Section 105, Permit w2. -i SECTION 3004 - GENERAL REQUIREMENTS 3004.1 Op= yards. Open yards required by the Building Code shall be maintained around structures. .r Yy 3004.2 Dust Control Equipment or machinery located inside buildings which generates or emits combustible dust or fibers "I be j provided with an approved dust-collection and exhaust system installed in conformance with Article 76 and the Mechanical Code. € Equipment or systems that are used to collect, process or comvey combustible dusts or fibers shall be provided with an approved An, explosion venting or control system in accordance with the Building Code. 1f 30043 Waste RemovaL Sawmills, planing mills and ache' woad-working plants shun be equipped with a waste removal system ` which will collect and remove sawdust and shavings. Such systems shall be installed in accordance with Ar*k 76 and the Mechanical Code- 3004A Fire Apparatus Access Roads. 30114.4.1 Access. Fie appsrcon access roadways shall be provided to within 150 fat (45 720 mm) of all par6m of yards in accordance with Section 9022. ` FXC1;MON: The requirement for an all-weather driving aheiacx may be modified when approved by me chief 3004.4.2 Driveways. Driveways between and around lumber piles "I be at least 15 feet (4572 mm ) wide and driveways shall be spaced such that a maximum grid system unit of 50 feet (15 240 mm) by 150 fax (45 720 mm) is prodaead Driveways shall be maiatabried free from accumulation of rubbish, equipment or other articles or materials. 3004.43 Access Plam. Whew storage pile confrguraions could change due to changes in product operations and processin& The access pho shaU be tubtmitted for approval when required by the chief. 30043 Fire Alarms. 3004..'L1 Trassm[action Of Alarms. An approved means for aramsmictin& alarms to the fire deparanenn shell be provided in timber and lumber production mills, and plywood and veneer mills. 3004-12 Maanal Fine Alana. A manual fire alarm system conforming to Section 1007 shall be installed in areas of timber and Irw6cr lion mills and for plywood and veneer mills which contain product dryers or other stgnif c-ant ignition sourer as d by the chief and shall be in accordance with Section 1007. PXC1l;P ON-. Who dryer or other smirces of ignition are proweaad by rnanibrod fie sprinkler sysneera. 3004.1 Tr eWed Prodoete. Tr owd lumber and timber peoduaa shall be treated stud handled in ruccadauoe aids t my rratogmlaed staaadmMs. JIM7 End Stops. Log and pole piles shall be stabilized by an approved means to assure pik stability. S~TiO1V 3405 LOG STORAGE AREAS ) 36KII Goaml. Log storage WM shall be in accordance with Section 3005. 30s84.a COW peen s& Cold decks shalt not exceed SW feet (I S2 400 mm) in Length, 300 fat (91440 mm) in with and 20 feet (6096 man) in height. Cold decks shall be separated fbm adjaccmt cold decks or other exposures by a minimum of 100 fleet (30 480 mm). ttMtlAh tR _r EXCEPTION: When approved by the chief, cold docks protected by special fire protection in aaordantx with Sect ion 1001.9 ansy be increased in size. Examples of such special fire protection inclyde additional fire flow, portable turrets and deluge sets, and hyarant hose houses equipped with approved firefighting equipment capable of tesching the entire storage arcs ~-1 SECTION 3006 - STORAGE OF WOOD CHIPS AND HOGGED M ZIAL IN ASSOCIATION WITH TIMBER AND 1 ` LUMBER PRODUCTION FACILITIES 3006.1 General. The storage of wood chips and hogged materials in associ.tion with timber and lumber production facilities shall be in accordance with Section 3006. = ` + 3006.2 Size of Piles. Piles shall not exceed 60 feet (I E 2CCS mm) in height, 300 feet (91 440 mm) in width and 500 fat (152 400 turn) i. in length. Piles shall be separated from adjacent piles or other ciposures by fire department access roadways. - EXCEPTION: When approved by the chief, piles protttted by spatial fire prooeetion in accordance with Senior too 1.9 may be increased in ;.i.! sine. M/ 3006.3 Pile Fire Protection. Automatic sprinkler protection sha!1 be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible or enclosed conveyor systems shah also be protected by automatic sprinkler protection. p~f 3006.4 Material Handling Equipment. Approved material handling equipment shall be readily available for moving wood chips and hogged material.' 30065 Emergency Play The owner or operator shall develop a;,::.n for monitoring, controlling, and extinguishing spot fires. This V` plan shall k submitted to the Chief for review and approval. SECTION 3007 - PLYWOOD AND VENEER MILLS r 3007.1 General Plant ons ofP1YN'ood and veneer mills shall be in accordance with Section 3007. , i, 3007.2 Dryer Protection. Dryers shall be protected thrwrghom be an approved automatic deluge water spray protection symm. Deluge meads shall be inspected qussterly for pitch build-up. Deluge beads shall be flushed during regular maintenance for functional operation. Manual activation valves shall be located within 75 fed (22 680 mm) of the drying equipment SECTION 3008 -STORAGE AND PROCESSING OF WOOD CHIPS. HOGGED MATERIAL, FINES, COMPOST, AND ; RAW PRODUCT IN ASSOCIATION WITH YARD WASTE AND RECYCLING FACILMES 3003,1 General. The storage and processing of wood chips, hogged materials, fines, compost, and raw product produced from yard waste, debri& and recycling facilities shall be in accordance with Sew 3008. W30W Storage Site. Storage sites shall be on reasonably level, solid ground or other all weal= surface as approved by the Chief, r • AU sites shall be thoroughly cleaned before transferring wood products onto the site. 30053 Size of Plies. Piles shall not exceed 25 fed (7620 mm) in height, 150 fed (45 720 mm) in width and 250 fed (76 200 tam) in vj`-r' rength. EXCEPTION: Wben approved by the thief, piles protected by special fire protection in accordance with Section 1001.9 entry be increased in sits. . 4J,.• 3008A Pik Separation. Pik3 shall be separated from adjacent piles by firs department access roadvays. , 5i4 x.; 3003 5 Combustible :Vests. The storage, accumulation, and handling of eambtaa3le materials and control of vegdation shall be is ,~•t accordance with Section 1103. f ~ 3003.6 Static Pik Protection. Static piles shall be monitored by era approved means to mew= temperttauro within the Static piles. r., ~ Internal pile temperature shall be monitored and recorded weekly. AU records shall be kept on file at the faca7ity and be made 4 available for inspection An operational plan indicating procedures and schedules for the inspection, mangy acrd restricting excessive internal temperatures in piks shall be submitted to the Chief for review and approval. x 3050.7 Pfle Fin Protectbs. Auto &Uc sprinkler protester shall be pmvWW is conveyor tunnels and combmstil6le enclosures tdW a, V:f pass a pile. Combustible or enclosed conveyor systems shag also be prtsttxted by automatic Wbihler protection. 3003.8 Fire Extimplithers. Portable fire extinguishes with a minimum rating of 2A:60BC shall be provided on all vehicle and t n'; on Piles and at all processing equipment. ~'r? ~~t ~~m6 • R~ . 3M9 Material Handling Eghripaaaot Approved material Itathdtis>$ equipuheest shall be available for moving woad clips, hogged , i material, wood tines, and raw product during fuefuShft operations. R 30MIC Enerancq Plarm. The owner or operator shall dvvelop aid submit to the Chief for review and approval a plan for t mottborkts„ cotrttollkts and extinguishbg spot tires. SECTI0P13009 - EXTERIOR STORAGE OF FIAf13HED LUMBER PRODUCTS 1 Ceseral. Exterior storage of finished lumber products shall be in tsccordanee with Section 3009. ' .2 BsterW Ltaaber Storage. Exterior lumber storage shall be in accordance with Section 1103.3.5. Lumber storage shall be araeged to form stable piles. Piles shall not exceed 150,000 cubic fed (4248 ta) in volume. 3®093 Fire Apparattsa Aecm Ranch. Fire apparatus access roods shall be provided for all portions of exterior lumber stomp araat std buildings in accordance with Section 902.2 and 3004.6. r t >ar01 ~6 17 }'rl.`l..~itR rs^..W9}~.i•,~KN;.•.;,~~ Pi r~.i :'r1'~~jC'0~^{2~' 1":~.•.~..~~fz~` ^~h:•::~'1.1i ^'+.?rt ~X'. r ;~K... ` ~tLY..'•... ~3.i1'ii J`ilJ~i:G.fj.L'.r• '.1 i • e • r~ 300.4 Security. Permanent lumber storage areas shall be surrounded with an approved fence. Fecces shat be a minimum of 6 fed • (4829 rata) isn height. EXCEPTIONS: I. Lumber piles Inside of buildings. 2. Production mills for lumber, plywood and venmr. Rlfli Otl . ' L:.`-t iiMlaa~01-t . `y. a , ~CtaS/tmen[ ARTICLE 33 - THERMOSETTING PLASTIC MANUFACTURING FACCLTTIES SECTION 5301-- SCOPE 5301.1 General Areas containing manufacturing operations producing thermosetting plastics using hazardous materials similer to j those listed in Tables 5301-A and 3301-H shall be in accordance with this article. Such operations include, but are not limited to, 1 hand-lay. spnity-up. main trusfer moulding, bag moulding, filament winding, centrifugal casting, continuous laminating and casting. The storage and use of hazardous materials shall be in accordance with Articles 79 and $0, except as modif ied by this article. SECTION W02 - DEFiNTCIONS 5302.1 Umlted Application. For the purpose of Article 53, certain terms are defined as follows: r MANUFACTURING AREA is any location used in the fabrication or assembly of materials utilizing potymeaimmtiou. ~ OVF.RCHOP is the residue that accumulates from the normal chopper-gun operation during the manufacturing processes. j THERMOSETTING PLASTIC is a plastic that, after having been cured by heat or other mearu, is substantially infusible and y 1 insoluble. e` SECTION 5303-PERMPTS A permit must be obtained to conduct thermosetting plastic manufacturing operations, when requited by the authority having ; .I t 1 SFt.CTION 5306 - QUANTITY LUVITTS E The quantity of Class I-C liquid resins kept in the vicinity of manufacturing areas outside a liquid storage room or storage cabinet in r., any one control area shall not exceed the greater of the following: r 2. 1. A supply for one day or one shift, or >i 2. 120 gailm (454 L) in containers. or 3. One approved portable tank not exceeding 660 gallons (2271 L). x. , fiIRE PROTECTION r SECTION 53305 -7 1 Awtm> udc Fir-o Extingubbiag Systcm An automatic fur-extinguishing system shall be provided duouillaom ' plastic maauisaurfng operations. Installatmotus shall be is mccordance with the Buildbg Cede. Ile design of the sprinkler sya= for the manufacturing areas "I ca be less than required for Ordittnry Hazard Gaoanp 2. See U.I3.C Sumdwd t EXCEPTIOM Allowable avow ry structures as approved by the cbkE 5305.2 Fire E ishem Portable foe F extinguishers shall provided as sec forth in U.F.C. Standard 10-1. f SECTIOI'353+0t; VENTILATION t 1 5306.1 GesamL Mechanical ventilation shall be installed throughout the manufacturing w= in scoot*wce with the Mec m;cal 1 Code ssad this sectim 4 =CZPTM-. Bolt w arc utbenctond for e fourft or more of the pew. ~ W"2 D Cb ventilation systems shall maintain tine c tmxm of 'sat air less thles 2S percm of ft lower flammable Ilmit f. ' t ? Caa 4azcu. Adequate ventilasim shall be provided where employees shall be larder or inside the isem b*S fab6 md. [ S ON 5307 MATERIAL S "RAGE, USE AND HANDLING 6 ~ 53~F.S i~a t. F.qu" u~d with u perax~s shall be apceiftcally ttaanta e ~ i flu in egat shall be used for resins and camlysts, and sssch equipmMt shall t be irmthweed. .2 rsa Pemi&L ie peroxides shall nor be lociatad w h= donor overqM ft ' or cm COMMIMM tb¢ k POMMM Organic p9mides shall be stored in a COOL dry locatim am *a be all ad= r in MMMdRoM with Section 9003.1.9. it &M F WV00m Organic peroxide initiators tlnali be disposed of when em mmiaated by any fomign subsunnom it A SpEs. Spilled peroxides shall be 1y eland. Absorption of spilled maerial using a romwmbustil."k Is axopMble. Used alasater" sAa1i disposed of in accardswe with time mwriaf is t >ft ` hj n- .i ItIMAM w t 1` - yN F ~ J '"sic; , e . N f ~ Jti rh t'•r r 0 y _ 8:::.. , : 1,,.._•.... .«»Jwvh~i!►!°V:3tsbkadoteh,v'TD@fY.tllf3iDtJA ' i ~L 53074 R"Idnes. • 1. General. Combustible residues shall be placed in covered noncombustible containers. 2. Cstabyzed resins. Excess catalyzed resin shall be disposed of in open-topped noncombustible containers provided with nt nbwxible bar screens. Isrge mesh wire scorns or other means to support individual containers through which surplus catalyzed resin can be poured and upon which other containers can be placed. The containers for disposed resin shall contain water at least 2 Inches (51 mm) deep into which the excess resin shall be poured and allowod to cute. 5307.6 Overibop. Paper, polyethylene film or similar material shall be used to fovea exposed surfaces of the walls and floor in arras where chopper guns are used to allow buildup of overchop to be readily removed. When the accumulated depth of overchop has reached an average thickness of 2 Itches (51 mm) in the manufacturing area, it shall be disposed of after a minimum of four hours' curin& EXCEMON: A single day's aeeomukdon of moat than an average thickness of 2 itches (51 nun) is allowed, provided it is disposed of before opom ions am resumed the next day. SECTION !1;3012 -SMOKING Smoking shall be prohibited and NO SMOKING signs shall be prominently displayed in accordance with Article 11. TABLZ 5301-A - CLASSIFICA'T'IONS OF TYPICAL HAZARDOUS MATERIALS USED IN THERMOSETTING PLASTIC MANUFACTURING OPERATIONS REGULATED BY ARTICLE S3 MATERIAL HAZARD CLASSIFICATION Acetone FLI-B. IR.R MEKP/9%A0/DMP OPIII, CLIII-B, OHK IRR MEKP/996 AO/Glycols OPIV. CLII-B, OWL BtR MEKP/5.4% AOA" OP[V. am-s. OIIN, IRR Polyester feet FU-C, IRR. OHK URI Vinyl ester resin FLIC, IRR. OIBI„ URI StyrMtoommer FLbC. M& OM UR2 KEY: FLI-B - Flammable liquid, Class 1-8 FLI-C - Flatnatable liquid, Class IC CUII-B s Combustible liquld, Class III-B OPIII - Orgmtie peroxw, Gass III MV o Organic pat w%-, Clasa W s Irritant OM - Oibsr boalth haawd I %I W Utsstebla resctim Class I UR2 ° yUnstab~lee rrcective, Chu 2 MEKP I dyl e&A ketone peroxide AO - Ac6w oxygen DMP - Dimethyi phthalm TABLE 001-13 -TYPICAL HAZARDOUS MATERIALS USED IN THERMOSETTTTNG PLAsnc MANUFACTURING OPERATIONS REGULATED BY ARTICLE 53 MATERIAL CLASSIFICATION Acetone Class 1-A F6 Qt Liquidaull rritmst yl W Know Paox%de 9% Crass 111 Ord Poaxwe and Irritant A Phr Igllayi KCWW Pau ide 3.546 Clan IV O%mk Peroxide and Irtiant NOVI Edo Kea= ParoxWe 9% Class 1V Organic Peroxide and Irritant AO-WNw and Ofywb' in Chins IC Phan LimW and Itreffitt aster Raw Class IC F•13000610 LkR" and Itrletra Class 1 and h 'AO is sedw oxygen lb01105 20 01471 MOM ii ii ~i i Attachment #4 ARTICLE 78 - FIREWORKS AND PYROTECHNIC r~ SPECIAL. EFFECTS MATERIAL SECTION 7801 -GENERAL 7801.1 Scope- Fireworks and tcmpomry storage, use and handling of pyrotechnic special effects material used in motion pictum. } Ct television, and theatrical and group entertainment productions shall be in accordance with Article 78 and ORS 480.110 through 480.165. ORS 480.110 through 480.165 are not a part of this code but arc reproduced or paraphrased here for the rcadefs convenience. ORS 480.110 through 480.165 define the regulations for the following: 480.110 - Definitions for Oregon fireworks laws; 'r 480.120 - Prohibited uses for fireworks. 480.122 - Use for repelling birds; 480.124 - Use for controlling predatory animals; { 480.127 - Sales permits for certain items; 480.130 - Permits required for sale or public display of fireworks; ' 480.140 - Requirements for fireworks displays to be under supervision of police and fire department chiefs; 480.150 - Permits r for fireworks sales or displays; 480.152 -Publication of advertisement for sale of unlawful fireworks; 480.154 - Requirements irk for records; 480.156 - Selling of fireworks to out-of-state residents; 480.158 -Liability of parents for the costs Wwred in suppressing fires cr.•sed by use of fireworks by minors; 480.160 -'Rte effect of local regulations on state law; 480.165 - Civil i penalty for fireworks law violadws. j r 7801.2 Defiaftjons. r' 7801.11 General. For the definitions of AERIAL SHELL; BINARY EXPLOSIVE; BREAK (Aerial Sheff); pFSIGNATED LANDING AREA; EXPLOSIVE; EXPLOSIVE MATERIALS; FIREWORKS: FIREWORKS. CLASS C COMMON; FIREWORKS, SPECIAL; FLXHD GROUND PIECE; GROUND PIECE; HIGH EXPLOSIVE; LAW EXPLOSIVE; MORTAR; PYROTECHNIC OPERATOR; PYROTECHNIC SPECIAL EFFECTS MATERIAL; READY BOX; and SAFETY CAP. see Article 2- t ~ 801.2.2 Limfted applicatim For the purpose of Article 78. certain tenors are defined as follows: DISPLAY is an outdoor display of aerial shells or ground display pieces. TEMPGRARY STORAGE is storage of pyrotechnic special effects material on site for a period of time of 72 hours or less. 78013 Permits. J 78013.1 Pyrotechnic special effects material. For regulations governing the wholesale sales and storage of pyroeecbnics. retail sales and storage of pyrotechnics, public display of fimworks, and agricultural use of fireworks6 we the following administrative t rules. OAR 837-12-500 through 570 are not a pmt of this code but are reproduced or paraphrased here for the readers conveniernce LX OAR 837-12-500 through 570 define the laws and regulations for wholesale sales and storage of pyrotechnics in Otrgoth i~. s~ OAR 837-12-600 through 675 are toot a part of this code but are reproduced or paraphrased here for the reaftes convenience OAR 837-12-600 through 675 define the laws and regulations for retail sales and storage of pyrotechnics (alloued fireworks) is areg°n' OAR 837-12-700 through 970 and OAR 837-12-021 are not a part of this code but are reprodueod or pfd here for the nadees convenience. OAR 837-12-700 tltou 970 define the laws and regulations for blic displays of fireworks irx~ effete. OAR 837-12-305 through 330 sire sat a part of this code but are reproduced or paraphrased here for dw readed's convenience. OAR 837-12-305 ti ss 330 define rho laws and !Zion for !ELWh"I tsars of fireworks in „ AR 837-12-1000 tParough 1160 we net a part of this code but are reproduced or paraphrased here for the reader's convenience. OAR 837-12.1000 through 1160 define the taws and regulations for civil penalties for violation of Oregon's fireworks statutes ' . and administrative rules as referenced Ie Artick 78. r'r ;s.- R M11 AID ? 1 F,.Y,:. ,..r.....-.-.....r..r..•"1`_=..•~`i'St: ~`.~r.~. !~tti ,:J i.. ~p~-•.~...~•~ _ ,r_.,.... • x. MUM Manufacturing. Tice manufae¢tute of fireworks is prohibi*ed except under special permits as requited by local and i j regulations, Sea Section 105, Permit q. 1. 780141.2 Displays. Permits are required to conduct a fireworks display. See Section 105, Permit f.S. Permit application shall be evade not less than 14 days prior to the -scheduled date of the display. The permit application shall include a disgrarn of the grounds an 3 which the display Is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways seed r ether lines of a mmunicstion; the lines behind which the audit noa will be and the location of nearby trees, telegraph or p telephone lines and other overhead obrauctious. At the time of permit application. the chief shall be on nruultai regarding requiremauft for standby fire appmnm , 78013.2 Pyrotechnic serial effects material. A permit is squired to manufacture, compound, stem or use pyrotechnic ap l E- efli material. A permit for use shall be granted only to a py nic operator. Sac Section 105, Permit p3. I SECnON 7502 - FM WORKS 7=1 Geoeml. Storage, use and handling of fireworks shall be in aoconlance with Section 7302.. EXC'EPMONS: 1. The use of f€tewotks by railroads or other Ussuportatim tgencks for sipping of illusakutfim ~ - 2. The sa k or use of blank c atridto for t or y, 3. The use of fireworks by the United States Mead Forces, 78W.1 Temporary Storage. Buildings used for the temporary storage of fneworks shall be in accordance with Section 307 of the f _S Building Code. j 7W M Seam of Fireworks. The chief is authorized to seize, take, remove or cause to be removed at the else of the owe all ~ stems of fireworks offered or expored for sale. emoted or held in violation of Article 73. a 7=3 Prohibition. The storage. use mud handling of fireworks are prohabite& EX Obt$t 1. Ssomp and hoexift e f fmiewwks we allowed as required &r cqaosives in Article 77, r 2 Tht we of farewarks for display Is allowed am set fort's in Secties 73M. p Seedons 71102A through 7SM4.9.ffi.1 i are specifically deleted from tide provisions of this Coda t_ F_ . r t 7 ! F I - . f v~ S 5 -'I`>iU ,><YMl~l,i-~~F ~l:•K ti~ ~~il}~Yi-".•~'i ~ 1 NIIfF✓ 111~, 1\~:^'r" ifli''Jr~{'f). r~ 0;a ~v~J4, l ~tfechmttf #S APPENDIX I-D FIRE PREVENTION GUIDEI.UM FOR HAUNTED HOUSES AND SIMILAR TEMPORARY INSTALLATIONS SECTION I - SCOPE Haunted or Fun houses or other similar installations set up for 90 days or less inside a structure not designed for this specific use, shau comply with the following requirements. SECTION 2 - PERMITS When a permit is required to operate a howled house or similar installation, it shall be obtained from the Chief before the facility is opened to the public. SECTION 3 GENERAL REQUIREMENTS Howled houses and similar temporary tnstat adens shall comply with all of the following: 1. There may be no dead-end corridors and there must be an obvious exit out of any maze every SO feet (15 240 mm) of linear travel All stairways must be Illuminated at a level of at least 1 foot-candle (10.81x). 2. Groups shall consist of not more that 20 persons. Each group of children age 12 and under must be aeeampaaW and supervised by a staff person who is 18 years of age or older. The statfper oo must have in hisrm possessioa an operable flashlight and be eompletcly familiar with the facility. 3. There wiA be no smoking all wed at any time inside the occupancy as noted in Article 11. 4. All electrical installations sh+U moet the requirements of the Electrical Code. 5. 71w Chief shall be contacted for an inspection and the planning of an evacuation procedure prior to opening the facility to the public. The evactwd t plan and occupancy shalt be approved by the chief prior to public access. 6. The total number of occupants in the facility at any time sbafl be limited to a member determined by the Chief: 7. No open-flame devices or temporary heaters are allowed in the occupancy. L Use of unused oornbw;&k material is prohibited. All combustible material sha11 be treated or protected so that it is essentially reader , and mah"imW flame proof in a manna aooepa6k to the chicE This includes all harvest doo st such as bus, dry bmacbes and hay. 9. B1ockin& lots ft or in any way impeding ready access to any madced or required exit is prohibited. All exitways shall be kept clear of any obstruedons or storage. 10. Sufficient numbers of fire edinnguishers shall be provided to insure that the mmcimum navel distance to any waftuhhei r does nit exceed SO fat (IS 240 mm) The minimum acceptable rating (sine) is 2A:IOBC. Allfoe acmes shall be mounted k a corapea+ous lam. Staff members shah beinstruct in the propertux of the ca nguishem RKi I ^DdS 29 t At1achment #6 APPENDIX I-F < REQUIREMENTS FOR GROUP SR OCCUPANCIES ~ - 'ter e..,.rarr:-a1~ •`rinw~:.::.':::'i":r:Y::~SZ~,f~s"~-tn~ •y` SECTION I -GENERAL Requirements for Group SR occupancie3- SECTION 2 - DEFINITIONS. Group SR Occupancim are special residences where personal cam is administered in buildings or portions hereof which will be licensed by or under the authority of the Department of Human Resources (DHR) under ORS Chapters 418 or 443. or any odw scat agency. SR Occupancies shall be: Division 1. A building or part thereof used for the lodging, boarding and personal care of residents whose evacuaw-c k2pabi!ky is clamirted as Impractical. Division I has the following classifications: SR 1.1 - Large. licensed to provide are for 17 or more residents. SR 12 - Small. licensed to provide care for 6 to 16 residents. SR 1.3 - Licensed to provide care for S or fewer residents in a home. Division 2. A building or part thereof used for the lodging, boarding and perwaal care of residents whose evacuation capability is classified as Slow. Division 2 has the following classificadoos: C SR 2.1 - Large, licensed to provide are for 17 or more residents SR 22 - Small , licensed to provide care for 6 to 16 residents. SR 2.3 - Licensed to provide care for S or fewer residents in a home. Dhiafoan 3. A building or part thereat used for the lodging. boarding and personal care of residents wbose evacuation capability is classified as Prompt. Division 3 has the following classifications: ar4 SR 3.1 - Large, licensed to provide we for 17 or mote residearts. SR 32 - Small. licensed to provide care for 6 to 16 residents. SR 33 - Licensed to provide cam for S or fewer residents in a home. EXCEPTION: i. OmW SR Oc ea shaU act include foster art bama as def nW is CitS Cbi~ 419 sad 443.7'05. Fasts ears bona we consWered dweliingt coagrraaed under the One and Two Family Specia?ay Code (OTFDSC'). 2. Carectiornl facilities including jails„ proarm half-way bousea and puveaik dactib n and corteetiond oduciazoe fiicilmes where epeas is tisakod and otxupams we confined tmdar the adwity of the stare. a county or city slap comply wish &C B Code. Seaina 3011 provisions applying to Group I Divisions 3 and 3.1. SECTION 3 - EVACUATION CAPABnM 3.1 Gaaaeval. All SR Occupancies roust maintain the capability to exit within the evacustim rates defined as prompt. Wow. or impractical as specirmd by the facility o=Vmcy classification. Records of fire drips required by licensing agents shall be n ada available to the authorities beviaeg jurlsdistion Impromptu rue drills maybe required to verify ooaapaxy classification. 3.2 Evamflon Capability Dallaed. Evacuation Capability is the ability of d e oceuporos, ire oft r=Whw.. sad staff as a pump to either evacuate the buildatg or relticm flora a pons of occupancy to a point of safety. Evactastion capability stall be determined by using dis following mbks. Tbas am duet cwtgorks of evacuation capability: I. lrtnpracdcal (SR-1). A group, even with staff assistatim that CWAW reliably move to a point of Safety in a timely MICAM. drtwmined by an evametion capability oecue of S at granter of with evacuation drill d ma in excess of 13 tainufts. 2. Slow (SR-2). A group thus can move to a point of safety its a timely manner. determined by an evaccation capability stem flrassor that 1.3 and ksa than S or with evacuation drill tithes over 3 titan" but not in excess of 13 inl:nhtes. 3. Prompt (SR-3). A group with an evacuation capability score of 1.3 or less or equivalent to drat of tote general populating or aids evacuation drill times of I minutes or lac. 8101196 24 3.3 Ratlag Residents. These tables are a worksheet for rating the individual resident and are also a form for record keeping purposes. This method of dzte mining evacuation capability has been designed to minimize speculation about how a resident might porfam in an actual fire emergency by using ratings based upon observed performance. Instead of speculating, raters wl.o are not fhrailiea enough with a resident to provide ratings confidently should consult with an individual who has observed the resident on a daily basis or observed the resident during fire drills. Due to the suers of an actual fin emergency. some residents are not lately to perform at full capacity. Therefore, ratings based on commonly observed examples of poor p:rfcruta = provide the best readily available indication of behavior that could be reduced by the unusually stressful conditions of an actual fin. All persons are less capable on some oocasions, sad the ratings should be based on examples of resident performance on a typical "bad' day. Ratings should not be based on rare instances of poor performance. Table A-IF-A rates the risk of a possibility that, during an emerteacy evaatation, the resident might resist leaving the facility. Unless there is specific evidence that resistance might o=w, the resident should be rated as 'minimal risk.' Specific evidence of resistance meats that staff have had to use some physkml force in the past. For additional insbuctions in compledag these tables, see NFPA 101A, Chapter 5. 1995 Edition WORKSHEET FOR RATING RESIDENTS Complete one workshect for each resident. Base ratings on commonly observed examples of poor performance. Resident's Name Evaluator Faculty Zone Date WRITE ANY EXPLANATORY RENEMMS HERE: 1t~01'96 23 all min son m- ink Fill io~ j [P I IF I I t I as ~ ~ V ~RRf ~ a .4"a 9 fg g $ w O a W P ~ a[ ~ , s~ n a-it 1. 19 O O O 7A6 w ZI w ~ m Rill a v Jill s M El 0 El El El A T Ell, TABLE A-I-R-B--TOTAL RESIDENT EVACUATION ASSISTANCE SCORE L list each resident's name on Scoresheet. Use a separate scoresheet for each zone being rated. Use additional scoresheets for a urge number of residents. 2. Enter the score from each form, which was completed for each resident. 3. Total the scores for all residents In the facility or zone being rated as appropriate. Seoresheet Resident Scores Evac. Resident's Name Assist Soore I~ Ask Evnuation Auistam Score Total 8101% 27 ~ Y:Y,°w~eu att.. s,K" ::5•.-~ 'iiiy^r~:t~.crb'~~~'i. `s ..Y,~.nrfi iY s' OSlq[i1Li4Y P - TABLE A4-F-C-STAFFSHJFr SCORE Facility: Zone: Evaluator Date: Staff Shift: From: To: This fort is to be completed for the time of day. week. etc., when the combined ratings for sufiand residents yield the highest scorn This usually is late at might. Where it is not obvious whkh staff shift will score highest, complete separate forms for each stafFshift and utilize the highest score. Refer to instructions In NFPA 101A, Chapter S, when filling out this form. C+MCKLW STAFF d2 SE AND TRAINING YES NO A protection plan has been promulgated, and all staff members considered in this rating have beat trained in its impleasentatiom The total available staffat any given tkoe is *k to handle the individual evacuation needs of each re.sWcat wbo is is de facility. Every staff member considered im this rating can meaningfully participate in the evacuation of every resident. All staff members eomside ed in this taring am required to be in the facility when on duty. accept as permitted. At least 12 fie drills were conducted dam the p%viou s year. All items must score "Yes" before proceeding. S~I196 Ia 1~'r ~~~X?~~T 1_ tlal ~ t t~. 7`~~ o _ 1 r i .lS r-. cL, `.~.t1-.'2 3 : ~~•h"t .act..-mow xi`•~~.l.`We~.~~..... .`1~It~ii12lt1ttAtfSicra.~'~- ...ti1. TABLE A-1-F-D-DETERMINING THE STAFF SHIFT SCORE NOTE: In large facilities, staff might be responsible for Promptness of Response assisting residents in a fire- or smoke zone but also might have responsibilities for residents in other zones. Prom ptr►ess of IRLesponse Scores Alarm Effectiveness Staff Availability Not Assured Assured Standby or asleep 16 2 Immediately available 20 2 Immediately available & close by 20 10 1. On Scoresheet list the names of staff members who are Scoresbat Staff Scares requited to be on duty in the facility during the shift being rated. Proms of Staff Nam Response Score 2. Determine whether the effectiveness of the alarm is "assured" or "not assured." 3. Using the values from Table, determine each staff member's "promptness of response score" for the shift being rated. Enter cub staff member's name and scare in the appropriate spaces on Storeshem 4. Toffit the "promptness of response scores for the shift rated. Sniff Shift Seas Total 9101/46 29 =R 11 ~jl TABLE A-1-F-E-RATING THE FACILITY Rex the fidlAy by cbmiing dw pox dug India w the vertical dlatmtoe s rtsWad awn trsvd 6om a tlowng room (SR) to an exit. Vertial Distaaoe 6pa Skeping rooms w ExM All SR oa Any SR Any SR Two now wieh Oat Flaw or More Floors Direct Extt 6om Exit from Exis Smell Facility ® Score 0.8 ® Sege 1.0 ® scare 1.2 Largo Fadlity or Aprunod Scone 1.0 NOTE: Scull facuklss tuve 16 or kwer residents. DETERNWING EVACUATION CAPABILITY Mnl*y dw -Total Realeeot Evacudoa Anutwca score- By the (moldy su= (-VeMW Diareooc, skepirg mamas so Exit-k &vbk the answer by tba -'Sutf S14 state' w desumlae ft Evaasrtlon Capaba7ity scare. Cakdadmet of Eva¢mtWe CuMbi ty Seen Tonal ReaWm Evaon6a Awls macs Vartiral Dateeeo Eom SWcpsg Room to Exit Eva~o. swif SMB Ctp sme Soaee so= Deoassitae mad tscrotd evamtioo bdow- Evtetim Capability So= Lewd of Evasasation Cs&;ditq Evacostwa Capabs* for this Fbe ty or Zom 5 1.5 > 1.3 S 3.0 slow > 5.0 ~01J9S 30 n.. „a SECnON 4 STATE OF OREGON GROUP SR OCCUPANCY REQUIREMENTS. For state of Oregon requirements for Group SR occupancies see the Building Code Section 313 and the following statutes and rules: ORS Chapter 418, ORS 479.210; ORS 443.400 through 443.455; ORS 443.S00, OAR 309-35-100 to 309-35-190, and OAR 309-49-030 through 309-49-220. ORS Chapter 418 is not a put of this code but is reproduced or paraphrased here for the reader's convenience. r: ORS Chapter 418 defines the State of Oregon's statutes governing Child Welfare Services. ORS 479.210 is not a of this code but is reproduced or part paraphrased here for the reader's convenience. ORS 479.210 Institutions defined as used in ORS 479.215 to 479.220, unless the context requires req otherwise, "institution" moans: (1) A child-caring facility which provides residential care and which receives sate aid under ORS 418.005 to 418.025, 418.033 to a; 418.185, 418.205 to 418.315, and 418.625 to 418.685. (2) An inpatient care facility required to be licensed under ORS 441.015 to 44J.087,441.325 to 441-595.441.815,441.820.441.990. , i 2i\•~2 442342, 442.344 and 442.400 to 442.450; or -z (3) A residential facility subject to lice nsure under ORS 443.400 to 443.455 and 443.991 (2). , L t ORS V 3.400 is not a part of this code but is reproduced or paraphrased hem for the reeder s convanieaa ORS 443.400 provides definitions for the following Lams: Department, Director. Resident, Residential care, Residential are facility, Residential facility. Residential training facility, Residential training home, Residential treatment fatuity, Residential trmamnemrt }tome, Training, and Treatment r~ ORS 443.405 is not a part of this code but is reproduced or paraphreed hem for the reader's convenience. ' ORS 443.405 provides exclusions from the definition of "residential iicW. ` ORS 443.410 Is not a of this code but is part reproduced or paraphase>a bee for the rider's rxsemmieooe. ~i ORS 443.410 a license issued by die department is required in order to opiate or maintain any residential fatuity for persons who are developmentally disabled, physically disabled or socially dependent, psychiatrically disabled or aleobol or drug dependent. In the case u: ofa combination ofr=kkats, the category of Iiomu m shall be determined by the director. ORS 443.415 is not a part of this code but is reproduced or paraphrased hem for the readers coavwimce ORS 443.415 defines the psr!eoe:s for license applications, fees, inves on& and grounds for issuance and denial of license. ORS 443.420 is not a part of this code but is reproduced of peraphrasod ham for the reader's ooavenieara. [ORS 443.420 defines die qudificedotut enquired for a pessm applying for a roame tinder ORS 443.415. r ORS 443.422 is not a pat of Otis code but is reproduced or paraphrased hie for the readers conveuience. ORS 443.422 (1) To prevent the perpetustim of segregated housing pact mm the Department of Hmmt Resources shop determine the loatim and tYPm of licensed residential facilities and the location of faefiitaa stbjea to the s:• pruvesims of ORS 169.690. (2) Before a license is issued for a tmside tial facility as defined in ORS 443.400, the ism agency shall deanaine the ambex and } type of any other licensed residential facilities and the number and type of hcWsa subject to the ptovisiots of ORS 169.690 wkbia a f,_ = 1,200 foot radius. (3) None of the data eotbcted corder this section "I be used in a mumu r thst violates the Fair Homing AmeDdmeft Act of I M. ' ORS 443.425 is Got a pW adds code but is reproduced or porgy bare for the reader's otsGaenknoe- ORS 443.423 defimss the for the term, the tx aid the rueeaaral of Guesses sad the &a involved. ~~~r ORS 443.430 is rat a part of this code but is reproduced at perapbrazed hen for the readers convenience. ?d ORS 443.430 defies the con for the transfer of licenses sad due di2position of Home fee. ' ORS 443.435 Is urrt a part o( Oft code but is tmproduoed or ptsapb;Oesd but for the readers coavenieGea. ORS 443.433 The dinactn or s~orimd represenod1w 0a paiodaeally visit wed hspta every taldeatiel Willey to datermint wbather it is makinknd and operated is accordance with ORS 443.400 to 443.454 end 443.991(2) and the rWes of the drector, and to consult earfdn and WAN maaaegsraeast aoaoerming methods Greene, trtalmgw~ +t. raootds, horsing and ege at. Employm of des dtgmtnxnt and the Stott Fine Marshal or wQarixed permitted reptarmtative ran retreat shall be socess to the premises and eeootds Jof hedivMduals in a tesidtntialfatipty pertirsent to firs safety. a.. .~t 1 31 .we.i~ai:.:.............. .....~~.,....nw.nr~di~:e'1:l~"t•5k~,«M.'Sf+,iy9kt~t:xt~zataei~•.sw,....._.. ~.r,'.. a'.'~ rip, " ORS 443.437 is two a part ofthis Code bat is reproduced or paraphrased hen for the r s convenience. s i ORS 443.437 states than a resident in a residential facility must have a choice or ptiou and nonprescription drugs and Miles. ORS 443.440 is root a part of this code butts reproduced or paraphrased here for the reader's convenience. tirs° ORS 443.440 77he department may awoke or suspend the license of any residential fu ility which is not operated in accordance with i ORS 443.440 to 443.400 and 443.941(2) or the rules adopted t mauider. Such revocation or suspension shall be taken in accordance Wk with rules of the deparamt and ORS 193310 to 183.550. However, in oases where an imminent danger to the health or safety of the W residents exists, a license may be suspended immediately pending a fair hearing not later than the 10th day after such suspension. y~ ORS 443.443 is net a part of this code but is reproduced or paraphrased here for the reader's convenience. ORS 443.443 defines the requirements for persons admissible at facilities end homes, the unsfes of persons requiring exrtain trtatatest `v and of f cilities by persons relying on spt.-itual means for healing. ~ S ORS 443ASO is not a pert of this code but is reproduced or paraphrased hat for the reader's convenience. 7." ORS 443.450 (1) requites the director to adopt noes governing- Physical properties of the tesMential facility; Storage, preparation and serving of food; Care, treatment or training of the sta$ and 7be number, experience and training of the stag and Any other fseZOrs affecting the car% tresta►eas or training provided. (2) DistiaA t rules shall be adopted for hom a of five at fewer residents, for facilities of six at more but fever than 16 nxkkabr and far fadUtks for 16 or mart residents. The mks shall dilate aseong categories of c tesidortm (3) For purposes of this section, "categories" refers to different populations of residents, diBamoiated by. but not limited to. age and mead, as drimed by rule. ORS 443.452 is not a pat of this code but is reproduced or parapbrssed here for she readees convenience. ORS 443AS2 defines sitastions where by the director may waive tie ttquiresents of ORS 443.410. ORS 443.455 is not a part ofthis code but is reproduced or paraphrased bere for tits readees eoavanknor. ORS 443.433 requires tie dbctctor to prescribe a schedule of pea;zhies appropriaw to rtAdeatial f = ides licensed under ORS 443.400 V to 443ASS and 443.491(2). t ORS 443.460 is not a pert of this code but is reproduced or paraphmsad bere for the reader's co nveaiaaee. :g ORS 443.460 allows the director to exempt nsideattW cure facilities from the lionse, hupectien and fee peovisiotts when they exist is county where there is a county agency which provides similar poop for licensing and irtspoction than tie diteetor fiords we equal t o or superior to the requarammu of ORS 443.400 to 443.455. ORS 443.500 is not a part Of this code but is reproduced or pawed here for do reader's convenkme. rmospacsor. err floe sonata ORS 443.500 re quits tint fiancees be grmsed tea ate Sealer and Disabled Services Division. the stntao err local fire' or toed beeps o>Soer In order to 6oveatigate ofabute la all hdiities MgMrnd under ORS 443.410 to 443390. OAR 304-35.100 to 304-35-140 is Dot a pmt of this cods ben is reproduced or paraphmeed here for the readers convenicom OAR 309-35-100 to 309-33.190 These ruka presuibe the smodatds sad proms by whisk tic Mmd Hea tb and Developmental . Disabilities Services Division approves and lioertses residential tie facilities for atnatally or emotionally d'ambed persons only. 'these rules ant awed by ORS 430.041 and carry out the provisions of ORS 443.400 jMe 443.453. ~a OAR 304-49.030 so 30949-220 is not a peat of this code but is reproduced or pwqgnnd hero for de r °a conveaience. OAR 3 -44603010 30949-220 prescribe try by which the Mental Heaaat sad Davelopme:01 D SCrvM Division that 24-hour redder pal services fir and midualaw16 &nbftm r N •yp•" emit" a2 T.,a a;irkNa xa=l~j ~t•.- .a&.v;. , , , .r AGENDA ITEM # 3 FOR AGENDA OF -June 8. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSTJE!AGENDA TITLE Approval of a Cost of Living Adjustment for Manat~ement/Supervisory/Confidential Group Emplovees Effective July 1. 1999, and Amendment of the Salary Schedule PREPARED BY: Sandy Zodrow DEPT HEAD OK _ ITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve an annual cost of living salary adjustment for non-represented employees to be effective July 1, 1999. STAFF RECOMMENDATION INFORMATION SUMMARY Approximately 75 employees belong to the Management/Supervisory/Confidential Employees Group and are not represented by a collective bargaining agreement. Each fiscal year before the final adoption of the budget, the City Council considers and makes a determination on a cost of living increase (COLA) for this group of employees to be effective July 1. The last COLA adjustment made from this group was July 1, 1998. The City is currently negotiating with the Tigard Police Officer's Association (TPOA), however its OPEU bargaining unit will be receiving a 2.5% increase effective July 1, 1999 pursuant to its contract requirements. A cost of living adjustment assists the City in maintaining a competitive market position with regard to its salary plan. It is timely that this matter be considered by your Council. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable FISCAL NOTES Fiscal impact will be dependent upon amount of adjustment kkityMddswn.dot 'IN AGENDA ITEM # FOR AGENDA OF 6/8/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washin on County Inter- ibrarv Information Nets=pork (an In lAgreement PREPARED BY:- Melinda Sisson DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Washington County has issued a renewal of the Washington County Inter-Library Information network (WILInet) Agreement to the City of Tigard (Library). STAFF RECOMMENDATION Approve IGA - Washington County Inter-Library Information Network (WILInet) Agreement. INFORMATION SUMMARY Renewal of the 3-year Washington County Inter-Library Network (WILInet) Agreement covers the use and operation of the WILInet computer catalog of library collection holdings countywide OTHER AT .T NATIV CON IDE FD None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEG Library Goal #1: Library will have a stable funding base for the provision of basic services. Strategy #3: Seek alternatives to current tax base funding mechanism. Action Plan: Continue developing & adding partnerships until 10% of support by 2001. n FISCAL NOTE N e The City of Tigard (Library) is responsible for the purchase, installation and maintenance of peripheral equipment necessary to connect to WILInet. At present, there are 17 computers, 12 scanners, 6 light wands and 5 5 receipt printers with a total value of $42,435. Since much of this equipment was purchased in FY98-99 replacement costs during the 3-year term of this Agreement should be no more than $20,000. Of this amount, $1500 has been proposed in the FY99-00 budget for scanners and report software. Up to $11,000 may be budgeted in FY00-01 to replace some circulation computers and receipt printers, and the remainder would be planned for FY01-02 for any additional replacements needed. C.6 C3~ Lt/Q~ Usa-~ Washington County Inter-Library Information Network (WILInet) Agreement This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County", on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS" and the Cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, Cedar Mill Community Library Association, Garden Home Community Library Association, Tuality Healthcare and Oregon College of Art and Craft, hereinafter referred to as "WILInet Users". WHEREAS, the parties hereto are currently participants in the WCCLS Network; WHEREAS, the parties are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement; or are private non-profit agencies operating libraries, and WHEREAS, WCCLS has purchased and installed an automated integrated library system and is desirous of making this system available for use by libraries in Washington County; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. DEFINITIONS The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A. WCCLS (Washington County Cooperative Library Services) - An agency of county government which exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Network - The consortium of public, academic, special and school libraries in Washington County which exists to provide countywide library service. P, C. WCCLS Library Directors' Board - The executive body of the WCCLS Network; n advisory to the Cooperative Library Advisory Board and the WCCLS Manager. D. WILInet (Washington County Inter-Library Information Network) - An integrated, automated library system including but not limited to WILI, which is comprised of the integrated library system software (on-line circulation, public access catalog, acquisitions and cataloging), and other databases, Internet resources, central site hardware and telecommunications equipment. E. WILI Users' Group - A committee of the WCCLS Library Directors' Board which advises WCCLS on the operation of the automated library system as defined in the WILInc( Agreement -page 1 4 WILL User Group by-laws dated January 1991 and updated. The Committee is composed of one representative from each WILInet User. F. _Public LibrarX Services Agreement - The contract between Washington County and library service providers to provide services to all county residents, which contains a reimbursement fonnula under which WCCLS makes payments to public libraries. G. Cooperative Library Adviso Board CLAB) - The board appointed by the Washington County Board of Commissioners to develop, review and recommend library service policies, representing Public Library Services Agreement contractors and the West Slope Community Library. H. West Slope Community Library - The public library that is a department of WCCLS and managed by the County. For purposes of this Agreement, West Slope is treated as a WILInet User, but is not a signatory to this Agreement. 2. TERM OF AGREEMENT This agreement shall be in effect from July 1, 1999, through June 30, 2002, except as otherwise provided in Section 15 of this Agreement. It is the intent of the parties that this Agreement become effective on July 1, 1999. 3. OWNERSHIP AND MANAGEMENT OF WILInet A. The Washington County Board of Commissioners, as the governing body of WCCLS, retains final authority for decision-making related to WILInet and its operation. B. WCCLS shall have full ownership of all system hardware, software, central site peripherals, and communications equipment and shall make the system available to the WILInet User. All central site system upgrades will remain the property of WCCLS. C. Peripheral equipment owned by WILInet Users will remain the property of the User. Connection of any peripheral equipment to WILInet must be approved by WCCLS. D. WILInet User's collection database, borrower records and circulation records shall be considered the property of that User. However, borrower and circulation records are deemed to be exempt from public disclosure as described in Section 9 CONFIDENTIALITY OF DATA of this Agreement. On termination of this Agreement by either party these files shall be provided to the WILInet User by WCCLS in machine-readable form at a reasonable cost. 4. SERVICE AVAILABILITY A. WILInet shall be available for use by WlLlnet Users twenty-four (24) hours a day except for routine maintenance and when software or hardware upgrades/changes make the system unavailable. WCCLS staff shall be available to service WILInet and support WILInet Agreement -page 2 member libraries 8:00 am - 9:00 pm, Monday - Thursday, 8:00 am 6:00 PM Friday and Saturday, and 8:00 am - 5:30 PM Sunday. WCCLS, through its contracts for hardware and software maintenance, shall maintain the central site equipment to provide for minimal downtime excluding communications lines. No liability shall be assumed by WCCLS, however, if WILInet experiences downtime. B. The parties recognize that on occasion it may be necessary to temporarily suspend WILInet availability because of operational or maintenance requirements. WCCLS agrees to provide WILInet Users with prior notice of WILInet unavailability except for unavoidable downtime due to WILInet failure, if it will affect library operations and/or business hours, and further agrees to make every effort to schedule maintenance when libraries are not open. Such temporary suspension of WILInet availability shall not be deemed an unreasonable prevention or postponement of System use by WILInet Users. 5. CONTINUITY OF SERVICE A. Communication Links - The WILInet Users recognize that WCCLS does not control, therefore cannot warrant, the telecommunication links used to communicate from a remote site to the central computer. B. Interruptions of Service or Loss of Data - WCCLS will duplicate at least twice weekly, all data maintained in the WILInet database and store such duplicate tapes in a location physically apart from the site of the central system so that files can be reconstructed if a system malfunction occurs that requires restoring or rebuilding the databases, in whole or in part, from backup tapes. 6. DUTIES AND RESPONSIBILITIES OF WCCLS With the advice of the WILI Users' Group, WCCLS shall: A. Provide or contract for the provision of hardware maintenance service on behalf of the WILInet Users for all remote site equipment purchased by or through WCCLS including PC workstations, printers, barcode scanning devices, communications equipment and other necessary equipment as well as central site equipment. B. Provide or contract for the provision of central site software maintenance. i C. Manage WILInet pursuant to the terms and conditions of this Agreement. D. Regularly review the operations of the system, evaluate system performance, and develop plans for modifications, upgrades and new services. E. Purchase all central system hardware and software, house such equipment in a suitable environment and maintain said equipment in good operating condition. F. Purchase and maintain all communications equipment, at the central site and at remote sites as appropriate, in good operating condition. WILInet Agreement - page 3 G. Administer contracts with all service vendors relating to WILInet. H. Provide reports to WlLlnet Users on the status and performance of WlLlnet. 1. Enforce rules and regulations adopted by the WlLlnet User Group and the WCCLS Network to coordinate orderly use of the system. J. Coordinate purchases of WILInet User peripheral equipment. Purchase WILInet client software licenses for WILInet Users and coordinate distribution of licenses. K. Purchase central site services and supplies and utilities connecting WILInet Users to WILInet, and barcodes and patron cards to be used by WILInet Users. L. Employ personnel needed to maintain and operate the central site utility. M. Equipment not purchased centrally through WCCLS will not be maintained by WCCLS. N. Provide specifications to WILInet Users for installation of peripheral equipment. 0. Provide specifications for software updates, instructions for performing updates, and application software updates to WILInet Users. 7. DUTIES AND RESPONSIBILITIES OF WILInet USERS The WILInet User shall: A. Participate in the use and operation of WILInet under the terms and conditions of this contract and the rules and regulations adopted by the WCCLS Network and the WILI Users' Group. B. Provide written authorization for WCCLS to purchase peripheral equipment on their behalf. Purchase and installation of equipment shall be paid for and owned by WILInet Users. C. Obtain permission from WCCLS before attaching any peripheral equipment not purchased through WCCLS to the system to ensure compatibility and follow WCCLS guidelines for installing such equipment. WILInet Users will notify WCCLS in advance + of adding workstations that will run WILInet software. The total number of client licenses shall not exceed 510 for all WILInet Users and WCCLS. D. Input and delete all WILInet User's collection data, borrower and circulation information, and other non-bibliographic data into WILInet according to the WILI Users Group Policies and Procedures. E. Comply with the WILI Users' Group by-laws. WILInet Agreement - page 4 soon= F. Keep records and statistics when required by WCCLS to document system performance. G. Lend library materials subject to interlibrary loan procedures and policies of the WCCLS Network. H. Be responsible for protecting equipment in WILInet User's Library from abuse, theft or misuse, and assume financial responsibility for repairing or replacing equipment damaged by such acts. 1. Be responsible for system security by limiting access to non-public accounts to trained, authorized staff. J. Pay costs incurred by WCCLS for non-standard reports as defined by the WILI Users' Group and WCCLS. K. Provide site preparation, access and space as determined by WCCLS for all on site equipment, including without limitation, furniture, data cabling from WILInet communications equipment to work stations, and AC wiring. L. Have a minimum of one paid staff person in each library. WCCLS shall provide initial training for each User for each subsystem including but not limited to Patron Access Catalog, Circulation, Cataloging, Acquisitions, Serials, Community Resource, and Homebound. Responsibility for training of subsequent staff belongs to the WILInet User or will be provided by WCCLS at cost. M. Designate at least one staff member whom WCCLS may contact concerning use of the system. N. Reimburse WCCLS on a quarterly basis for the cost of printing and mailing patron notices. 0. Install, maintain and manage local area network (LAN) cabling, equipment, and software within Users' buildings to which WILInet is connected. 8. STANDARDS FOR BIBLIOGRAPHIC RECORDS A. WCCLS is responsible for maintaining Machine-Readable Cataloging (MARC) records and for author and subject authority control in the WILI database. WILInet Users are responsible for entering and deleting all bibliographic and item records into WILInet according to the WILI Users' Group Policies and Procedures. WCCLS will utilize various bibliographic services to obtain MARC records. Bibliographic services will be monitored and evaluated by WCCLS in order to maintain the most appropriate and highest quality bibliographic database. WILInet Agreement - page 5 B. WILInet Users shall have full responsibility for linking item information (barcode number, library location, volume number, call number, copy number, type of material, publishing information, etc.) for their holdings to title information contained in the bibliographic database. 9. CONFIDENTIALITY OF DATA The patron and circulation records in the WILInet database shall be deemed to be exempt from public disclosure pursuant to ORS 192.502(22). All parties agree that they will not disclose patron and circulation information. All parties also agree that only library staff and designated library volunteers shall have access to such records in the course of operating the system. All parties may use patron name and address information for library purposes as long as it is used in accordance with the WILI Policies and Procedures Manual. 10. COST ALLOCATION FORMULA A. If funding for the operation of WILInet is not appropriated and the Users choose to continue operation using other sources of funds, all WILInet Users shall share proportionally in annual System costs, not to exceed those specified in EXHIBIT A "Cost Allocation Formula", which is updated annually. The cost to each WILInet User, as specified in EXHIBIT A "Cost Allocation Formula" will be determined by the composite percentage, among all WILInet Users, of that WILInet User's number of client licenses, annual circulation, number of patrons, number of items, number of titles, and number of annual acquisitions from the previous calendar year. B. Libraries which are full participants in WILInet and which are not signatories to the Public Library Services Agreement, chiefly Tuality Healthcare and Oregon College of Art and Craft, shall be responsible for their share of the cost allocation on an annual basis even if WILInet is funded for operation. These WILInet Users shall be notified of their share of WILInet operating costs by May 1 as determined by the cost allocation formula used in EXHIBIT A "Cost Allocation Formula". These WILInet Users shall receive an invoice from WCCLS by April I of the next year for the annual cost, which shall be paid by June 30. One year after becoming a full participant, WILInet Users described in this section may petition the Cooperative Library Advisory Board by December 31 to have all or part of their annual cost allocation fee waived for the term of this Agreement. 11. EQUIPMENT ADDITIONS WCCLS shall solicit written requests from WILInet Users for purchases of additional peripheral equipment twice annually. WCCLS staff shall coordinate purchase of said equipment and invoice WILInet Users for cost plus 10% to cover costs of ordering, testing, inventorying and training. For peripheral equipment costing more than $5000 per item, an amount less than 10% may be charged. Invoices will be issued to WILInet Users at the time items are delivered to the User or no later than June i of the year in which the WILInet Agreement - page 6 Milli equipment was purchased. WCCLS staff will assist WlLlnet Users with installation of said peripheral equipment at no cost to WlLlnet User. Installation ofdata cabling between WlLlnet communications equipment and workstations shall be the responsibility of the WILInet User according to Section 7, paragraphs K and O. 12. ADMISSION OF NEW USERS WHICH ARE NOT SIGNATORIES TO THE PUBLIC LIBRARY SERVICES AGREEMENT WCCLS shall have the option of admitting other libraries to WILInet provided that any necessary system modification shall be undertaken to insure the response times specified in the contract between WCCLS and the vendor are maintained. Conditions of admission . include but are not limited to those listed in EXHIBIT D, "New User Price Policy". Admission of New Users shall require unanimous approval of present WILInet Users and the Cooperative Library Advisory Board. 13. DEFAULT A. Each of the following shall constitute a default: 1. Material noncompliance with the terms of the Agreement; 2. Improper use of WILInet system operating software, hardware, or peripherals. B. In the event of a default by a WILInet User or by WCCLS, WCCLS or the WILInet Users, respectively, shall: 1. Advise the party in writing of the alleged default and any action required to cure the default, 2. Set forth a time by which the default must be cured, a minimum of thirty (30) days. 14. MATERIAL NONCOMPLIANCE A. In the event a WILInet User shall be found to be in material noncompliance under the terms of this Agreement, WCCLS may, following written notice to the WILInet User: 1. Prohibit User from the use of the WILInet system; + 2. Take any action to cure or stop the default; i 3. Recover any costs, expenses or disbursements incurred by WCCLS to cure the default. B. In the event of an emergency involving, but not limited to, system damage or the breach of security or confidentiality of the database, WCCLS may lock out the WILInet User from the system without notice. WlLlnet Agreement -page 7 15. TERMINATION A. The County shall have the right to tenninate this Agreement upon sixty (60) days written notice, if it detennines, in good faith, through an open, public process, that: 1. The public interest would be served by such termination; 2. Adequate funds are not available. B. Each WILInet User shall have the right to terminate this Agreement upon sixty (60) days written notice, if the WILInet User determines, in good faith, that the public interest in its jurisdiction or area of service would be served by such termination. C. County and each WILInet User shall have the right to terminate this Agreement for a default by the other party that has not been cured. D. The County and each WILInet User shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. E. On termination by either party, the WILInet User shall be responsible for payment of any costs, expenses, or disbursements incurred by WCCLS to remove or otherwise mask WILInet User's data from WILInet. 16. INSURANCE A. All parties to this Agreement shall maintain comprehensive general liability insurance or adequate reserves in a program of self-insurance covering personal injury and property damage for the WILInet User, their employees and agents. The insurance coverage shall be for a minimum of $200,000 per person, $500,000 per occurrence and $50,000 property damage. For WILInet Users which are not units of local government, certification of insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County Commissioners, employees and agents as additional insured. B. The County shall maintain insurance adequate to cover the replacement of the central site equipment including but not limited to the central processing unit, uninterruptible power supply and communications equipment. The insurance coverage shall be for a minimum of $600,006. C. WILInet User shall maintain insurance adequate to cover the replacement of the telecommunications equipment owned by WCCLS and housed at WILInet User's library. WILInet Agreement - page 8 111111111110101111 mom 17. COMPLIANCE WITH APPLICABLE LAWS Each party agrees to comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. A. Equal Opportunit County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, WILInet User hereby agrees that its employees (and applicants for employment) shall not be discriminated against because of race, color, national origin, religion, physical or mental handicap, sex or age, except in the case of bona fide occupational qualifications as defined and provided by applicable federal or state law. B. Compliance with Applicable Provisions of ORS Chapter 279 WILInet Users which are community libraries further agree that they shall comply fully with all applicable provisions of ORS 279.310 through 279.430. These include: ORS 279:310, ORS 279.312 relating to payment of labor, materialmen, the Industrial Accident Fund and the Department of Revenue and prohibiting any lien or claim to be filed against County on account of labor or material furnished; ORS 279.314 authorizing County to pay said claims on behalf of WILInet User; ORS 279.316 relating to overtime and 279.320 relating to medical care. Said provisions are hereby incorporated by reference and the applicable terms contained therein shall be binding upon WILInet Users which are community libraries in the same manner as if they were fully set forth herein. 18. INDEMNIFICATION Each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnification shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution. 19. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XT, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated for. 20. NO BENEFITS No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. . 21. NOTICE WILInct Agreement - pagc 9 Each party shall give the other immediate written notice of any action or suit Filed or any claim made against that party that may result in litigation in any way related to this Amendment. 22. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 23. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 24. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. 25. AMENDMENT This Agreement may only be amended in writing and with the agreement of all parties. EXHIBIT A - Cost Allocation Formula (updated annually) EXHIBIT B - New User Price Policy FOR THE WILINET USER: FOR WASHINGTON COUNTY: Signature Signature Title Title Date Date APPROVED AS TO FORM: Sr. Assistant County Counsel WILtnct Agreement -page 10 Exhibit A: Cast Allocation I~ornuila page I Shared Operating Cost: $761,944 Composite Total Annual Percentage Cost Share Outreach 1.00 $7,594 Banks 1.32 $10,052 Beaverton 24.27 $184,954 Cedar Mill 12.98 $98,896 Cornelius 1.86 $14,193 Forest Grove 7.35 $55,983 Garden Home 1.13 $8,629 Hillsboro/Tanasbourne/Books By Rail 24.51 $186,774 OR College of Art & Craft 0.58 $4,429 Sherwood 2.42 $18,445 Tigard 12.50 $95,279 Tualatin 6.38 $48,639 Tuality Health Info. Resource Ctr. 0.43 $3,291 West Slope 3.25 $24,787 Total 100.00 $761,944 NOTES: Operating cost: Total WCCLS Automation Program budget as requested 2/99 MINUS cost-recovery services (purchase of peripherals for member libraries, postage/printing of notices). WILInel Agreement . page I I ..x Ttv:: w.nry.,vn ,vn~M;u?.:.::,vs......s..,..,.............,,....................................,.,.; ,v:.::::..:::: :.::.,~.~:::.v::::.,.::::.v:: :?.::::.:2:..:>~ c..,... .:Y:::2:?:.?>::?.;>:;.;:::>::>?:<: e .Chit><.>:~: ~•'••.'>'>>~'<z :1t"brit.~tatlotRS~:~r~:::U$~t•?;:.;;?;?::;.:::????:::::..~ft`~i t.?.:.?>?`:..+>:.?. ....c~'Iet~da~'.. c 1?.....:...:::::: ....n........................v........... n. nn. +..v..... . .,...u................. . n%t:{:n:}iti:.;~....,t22:i:.:;rnT}, :??v.,;: :v;:+,;: :?ii?v:,':::.}•~~:: i::;:: v.::..::???.}~?y:1~?1:: ii"4 J1•:LV~:: Banks 5 1.56 20,215 0.42 11,476 1.57 Beaverton 83 25.94 1,256,307 26.35 152,437 20.84 Cedar Mill 41 12.81 734,366 15.40 98,094 13.41 Cornelius 6 1.88 47,887 1.00 20,420 2.79 Forest Grove 14 4.38 225,314 4.73 75,971 10.39 Garden Home 4 1.25 45,172 0.95 8,414 1.15 Hillsboro/ranasb./BBR 78 24.38 1,255,958 26.34 156,372 21.38 OR Coll. Art & Craft 3 0.94 5,589 0.12 6,442 0.88 Outreach 5 1.56 24,502 0.51 11,415 1.56 Sherwood 7 2.19 103,686 2.17 19,227 2.63 Tigard 39 12.19 644,834 13.52 88,407 12.09 Tualatin 24 7.50 223,245 4.68 53,133 7.26 Tuality Health Ctr 2 0.63 1,902 0.04 4,766 0.65 West Slope 9 2.81 179,024 3.75 .24,877 ...40 w 2...1 .........................................3.......... Total 320 100.00 4,768,001 100.00 731451 100.00 •r•,•+w....vv: ..v.v w vv v}ypv :+Ynv•vmv.::2.vvvv::::;:::: }WO ~F\ •n, ...:n2.?2t;:d:!:Y~:1.v,:t.^ ~i:?;:'? ..'iY,^v., v .^L \..v..... .O#. Y4+. ....~.r.?r`.vQ.. r.: t:i. . u ::aide` '°rcett~ .t ~4, .Y.a:.. ,+:~2 :.E., ?s?.,.,yt':•::? +``.:::,...:~'•-C".:t:s;,:2,a:.RdxY?sa•: ~.~;,:..,~.~T.',.• .....:114..~n t.,,.~.a ,w a .qq~~. MEN k.,~:csY,. . . V vpE K . a.....r.:? ::...m L., ~..OZ`.... ,C•.c":\~., .v.,`.......~»:`T.t:~+.u:•~:....>., .................:..........7:ca:o`.::: ..:?.ts::.,,~::.., :..,.j . DE . .......::...........af:taial<:~<tt►~cale~t3ar>I~ :.5:;:::>::::::>:;:><:::>:>;:::ofatat. Banks 14,779 1.58 1,831 0.67 2107 2.11 Beaverton 198,221 21.17 85,319 31.28 20,029 20.07 Cedar Mill 134,414 14.36 22,371 8.20 13,669 13.69 Cornelius 22,562 2.41 3,468 1.27 1,821 1.82 m Forest Grove 99,642 10.64 17,010 6.24 7,705 7.72 Garden Home 9,409 1.00 1,008 0.37 2,069 2.07 c' Hillsboro/Tanasboume/ 203,945 21.78 73,027 26.78 26,378 26.43 :E OR Coll. Art & Craft 6,907 0.74 757 0.28 536 0.54 Outreach 12,311 1.31 779 0.29 741 0.74 Sherwood 21,277 2.27 5,347 1.96 3,295 3.30 y Tigard 110,045 11.75 34,899 12.80 12,659 12.68 Tualatin 67,019 7.16 20,356 7.46 4,226 4.23 Tuality Health Ctr 5,789 0.62 458 0.17 488 0.49 West Slope 30,025 33.21 6,110 2.24..............................4,096................................ 4.10... Total 936,345 100.00 272,740 100.00 99,819 100.00 r IJ IJ Exhibit 13: New WlLlnet User's Price Policy New WlLlnet User's Price Policy New WILInet Users that are not signatories to the Public Library Services Agreement are responsible for the following costs: ONE-TIME START-UP COSTS 1. Peripheral equipment: (including but not limited to PC workstations, printers, and bar.Lu, !e . scanning devices and their installation) 2. Communications equipment: (including but not limited to Ethernet bridges, routers, hubs, switches, or related devices and their installation) 3. Supplies and services: (including but not limited to training, client licensing fees and supplemental programming, barcodes, patron cards) 4. System entry fee: The purpose of this fee is (1) to cover WCCLS costs incurred for legal fees, administration and clerical support for conversion processes and, (2) to cover immediate and anticipated system upgrade costs necessary to maintain system response time. The System Entry Fee will be negotiated on a case by case basis between the new WILInet User and WCCLS depending upon the anticipated cost to WCCLS and benefit to WILInet Users, for the admission of the New WILInet User to the system. This includes without limitation, tapeloading and conversion fees, purchase of additional software licenses the New WILInet User, central site hardware and central site peripheral equipment purchases, and staff and programming costs to facilitate the installation. This is in addition to the other one-time start-up costs listed above. The System Entry Fee shall apply to all use of WILInet by a New WILInet User during their first two years with the system. The extended period would serve to protect system integrity and response time for other WILInet Users from a rapid demand for system resources required by a single or small group of New WILInet Users. After the two year initiation period, New WILInet Users would continue to purchase their own peripheral equipment, but WCCLS would pay for any additional communications equipment, supplies and services. ONGOING OPERATING COSTS New WILInet Users will be assessed a share of WILInet operating costs based on Exhibit A "Cost Allocation Formula." The Cost Allocation Formula would be applicable during the second year. WILInet Agreement - page 13 MISSION AGENDA ITEM # 3 FOR AGENDA OF 6/8/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE WCCLS Public Library Services Agreement PREPARED BY: Melinda Sisson DEPT HEAD OK ' ~ CITY MGR OK j ISSLT BEFORE THE COUNCIL. Washington County has issued a renewal of the WCCLS Public Library Services Agreement to the City of Tigard (Library). STAFF RECOMMENDATION Approve IGA - WCCLS Public Library Services Agreement. INFORMATION SUMMARY On behalf of Washington County Cooperative Library Services (WCCLS), Washington County has issued a renewal of the Public Library Services Agreement to the City of Tigard (Library). The Agreement will be in effect for July 1, 1999 through June 30, 2002 and covers the budget allocation that the City of Tigard receives from WCCLS for library services. OTHER ALTERNATIVES CONSIDERED None recommended. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Library Goal #1: Library will have a stable funding base for the provision of basic services. Strategy #3: Seek E-4 alternatives to current tax base funding mechanism. Action Plan: Continue developing & adding partnerships ca until 10% of support by 2001. H paq FISCAL. NOTES c~ The City of Tigard (Library) is responsible for providing a library facility which allow access, including handicapped access, independent of another facility or business, a minimum of 45 open hours per week, adequate staffing, basic library services, a budget to support library operations and a collection development policy. The City of Tigard (Library) will receive $1,224,691 for FY99/00 according to the attached reimbursement formula that amounts to a 6.8% increase, or $78,336, over the FY98-99 amount. 115110 ONE= 11110111~ 11=110 Public Library Services Agreement This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County", on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS", and the Cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard, and Tualatin, and the Cedar Mill Community Library Association and the Garden Home Community Library Association, hereinafter referred to as "Contractor(s)". WHEREAS, the voters of Washington County have approved funding for county- wide library services including non-fee access by County residents to public libraries operated by Contractors; and WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement or are private non-profit agencies operating public libraries; and WHEREAS, all parties are desirous of providing residents of Washington County with access to public library services and Contractors are capable of providing such access and services. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. DEFINITIONS The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A. WCCLS (Washington County Cooperative Library Services) - An agency of county government which exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Network - The consortium of public, academic, special and school libraries in Washington County, which exists to provide " countywide library service. C. WCCLS Library Directors' Board - The executive body of the WCCLS Network; advisory to the Cooperative Library Advisory Board and the WCCLS Manager. D. WILInet (Washington County Inter-Library Information Network) - An integrated, automated library system, including but not limited to WILI, which is comprised of the integrated library system software (online circulation, public access catalog, cataloging and acquisitions software), and other databases, Internet resources, central site hardware and telecommunications equipment. Public Library Services Agreement 1 E. Cooperative Library Advisory Board (CLAB) - Tile board appointed by the Washington County Board of Commissioners to develop, review and recommend library service policies, representing Public Library Services Agreement Contractors and the West Slope Community Library. F. Qualified Borrowers - All Washington County residents, residents of counties with which Washington County 'has reciprocal borrowing agreements, and other paid card holders. G. West Slope Community Library - The public library that is a department of WCCLS and managed by the County. For purposes of funding, West Slope is treated as a Contractor, but is not a signatory to this Agreement. H. Wilsonville Public Library - The City of Wilsonville includes tax lots within the Washington County boundary, but is primarily located in Clackamas County. WCCLS has traditionally allocated tax funds collected for library service within the Wilsonville city limits to the Wilsonville Public Library. The Cooperative Library Advisory Board may elect to distribute funds to Wilsonville on an annual basis, but those funds would bG separate from those identified in Section 4 for Contractors. 2. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 1999, through June 30, 2002, except as otherwise provided in Section 11 of this Agreement. It is the intent of the parties that this Agreement become effective on July 1, 1999. 3. FUNDS As compensation to Contractor for the services to be provided pursuant to this Agreement, WCCLS agrees to make payments to Contractor on the basis of the funding formula set forth in Section 4 and the Payment Schedule set forth in Section 6. Each Contractor agrees by receipt of funds from WCCLS to expend those funds to provide library services according to Contractor's established policies, and to ensure that Contractor's library facilities are open for the public use by all Qualified Borrowers. Contractors must spend all funds received from WCCLS on the provision of library services, including but not limited to operating and capital expenditures. 4. FUNDING FORMULA A. Method The total payment to be made to each Contractor during the term of this Agreement shall be determined by the method set forth in this Section and shall be based on the figures set forth in EXHIBIT A "Reimbursement Formula". B. Total Distribution of Funds The amount for each fiscal year set forth below represents the total amount available in this Agreement for payments to all Contractors and West Slope Community Library. The distribution to all recipients shall not exceed the amount listed below for Public Library Services Agreement 2 each fiscal year. Any funds distributed to Wilsonville Public Library will be in addition to the following amounts. FY99-00 $ 9,054,833 FY00-01 $ 9,598,123 FY01-02 $10,174,010 C. Reimbursement Contractors will be reimbursed from the fund described in Section 4.13 based on circulation, open hours, collection expendit:.,.es and volumes added. 1. Circulation. 92% of the total funds identified in Section 4.13 will be allocated for reimbursement for circulation transactions using the circulation identified in EXHIBIT A "Reimbursement Formula" (updated annually) to calculate the amount owed each Contractor and the West Slope Community Library in this Section. Circulation will include only materials loaned to Qualified Borrowers and will be adjusted for net lending or borrowing on in-county interlibrary loans before the reimbursement rates are applied. 2. Open Hours. 2% of the total funds identified in Section 4.13 will be allocated for reimbursement for average weekly hours open to the public using the service populations identified in EXHIBIT A "Reimbursement Formula" (updated annually) to calculate the amount owed each Contractor in this Section. Contractors and the West Slope Community Library must meet or exceed the Oregon Library Association standard for Adequate or Excellent number of hours open to the public in order to receive funds under this portion of the formula each of the three years of this Agreement. If so, Contractors with a service population of 0 - 45,000 people will receive $13,931 in FY99-00; Contractors with a service population of 45,000 + will receive $20,895 in FY99-00. 3. Collection Expenditures. 3% of the total funds identified in a Section 4.13 will be allocated for reimbursement for collection expenditures identified in EXHIBIT A "Reimbursement Formula" (updated annually) to calculate the amount owed each Contractor in this Section. The amount reported on the Oregon Public Library Statistical Report (submitted annually to the Oregon State Library) 3 for total expenditures on collections will be used for each Contractor and West Slope Community Library in calculating this Section. 4. Volumes Added. 3% of the total funds identified in Section 4.13 will be allocated for reimbursement for volumes added to Public Library Services Agreement 3 Oil! 71 collections as identified in EXHIBIT A "Reimbursement Formula" (updated annually) to calculate the amount owed each Contractor in this Section. The number of volumes added by the Contractor or West-Slope Community Library to WILInet on a fiscal year basis will be used in calculating this Section. 5. ADJUSTMENTS IN PAYMENTS A. Payments may be adjusted by WCCLS if funding for payments noted in 4.B is less than projected. Amounts paid to each Contractor will be reduced in an amount proportionate to each library's percentage of the total amount available for payment. B. WCCLS shall notify the Contractors in writing of any adjustments under this Section upon adoption of the County's budget for the subsequent fiscal year. In the event that reductions in revenue are necessary after the beginning of a fiscal year, the County would give six months' notification to Contractors, if possible. 6. PAYMENT SCHEDULE A. WCCLS agrees to make Circulation, Open Hours, Collection Expenditures and Volumes Added payments to those Contractors which are cities as follows: 1. 80% (eighty percent) of the total annual payment shall be made on or before December 31; and 2. 20% (twenty percent) of the total annual payment shall be made on or before April 15. B. Notwithstanding paragraph 6.A above, a city not formerly a party to a Will Public Library Services Agreement with WCCLS, which establishes a public library and becomes a party to this Agreement, shall be entitled to receive payment on a monthly basis during the term of this Agreement. The monthly payment shall be 1/12 of the total annual payment. In addition, WCCLS agrees that any city to which this subsection applies shall be entitled to receive monthly payments for an additional three year period, for a maximum of six (6) years, provided funds are available. For the purposes of this Agreement, the City of Banks is the only Contractor to which this subsection applies. C. WCCLS agrees to make payments to those Contractors which are community libraries (specifically Cedar Mill Community Library Association and Garden Home Community Library Association) on a monthly basis. The monthly payment shall be 1/12 of the total annual payment. Public Library Services Agreement 4 7. SPECIAL LIBRARY FUND The County, on behalf of WCCLS, shall maintain a Special Library Fund, which shall include: A. Any remaining fiends from a previous year which shall be carried over to the next year; B. All property tax collections made under all library operating serial levies; C. All interest earnings on the Special Library Fund, in accordance with ORS 294.080(1); and D. Other revenues for library services. 8. SERVICES TO BE PROVIDED BY WCCLS WCCLS agrees to provide the following services to Contractors, without limitation: A. Reciprocal borrowing with other metropolitan area public libraries; B. General coordination of County-wide library services among Contractors and with regional and state library service providers; C. Second-level reference and interlibrary loan services; D. Outreach services to Washington County residents who cannot get to a public library; E. Youth Services activities, including Summer Reading Program; F. Courier services, including Library Express; G.. Planning for long-term growth and development of County-wide library services; and H. Operation and maintenanc: of WILInet as defined in the WILInet Agreement. 9. SERVICES TO BE PROVIDED BY CONTRACTORS A. Each Contractor agrees that Qualifying Borrowers will not be charged a fee for the initial circulation or renewal of library materials. B. Each Contractor further agrees that, while it is within the sole discretion of the Contractor whether or not to charge reasonable fees for services other than ;irculation, Contractor shall apply all fees and policies uniformly to all Qualified Borrowers. Such fees may include special service and overdue fees. Nothing in this Agreement is intended to restrict • Contractor's policies or fees as applied to borrowers who are not Qualified Borrowers. C. Each Contractor agrees that it will designate a staff member with whom WCCLS deals in administration of this Agreement on behalf of Contractor and who shall be authorized to receive and give any notices which may be required under this Agreement. D. Each Contractor shall meet th requirements for Level 5 Libraries as defined in the Admission of New Public Libraries to Washington County Public Library Services Agreement 5 Cooperative Library Services, as revised by the Cooperative Library Advisory Board December 3, 1997. 10. RECORD KEEPING A. WCCLS agrees to provide each Contractor with a copy of the County's annual audit, upon request by Contractor. B. Each Contractor agrees to provide WCCLS with a copy of Contractor's annual audit. For purposes of this Section, the following requirements shall apply: I . For Contractors which are cities, the audit shall be that of the city, and shall be supplied upon request of WCCLS. 2. For Contractors which are community libraries (specifically Cedar Mill Community Library Association and Garden Home Community Library Association), the audit shall be the result of an annual review of the Contractor's financial statements made by an independent certified public accountant in accordance with standards of the American Institute of Certified Public Accountants, and shall be supplied by December 31" of each year at WCCLS. C. Each Contractor agrees to provide WCCLS with a copy of the annual report required to be made to the Oregon State Library in accordance with ORS 357.520. 11. TERMINATION A. The County shall have the right to terminate this Agreement upon sixty (60) days written notice; if it determines, in good faith through an open, public process, that: 1. The public interest would be served by such termination; or 2. Adequate funds are not available. B. Each Contractor shall have the right to terminate this Agreement upon sixty (60) days written notice, if Contractor determines, in good faith, that: 1. The public interest in its jurisdiction or area of service would be served by such termination; or 2. Appropriated funds for Contractor are less than the amount reasonably anticipated. C. The County and each Contractor shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. Public Library Services Agreement 6 D. In the event of the termination by the County or by the Contractor, the County shall provide compensation to the Contractor prorated to the date of termination. 12. COMPLIANCE WITH APPLICABLE LAWS Each party agrees to comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. A. Equal Opportunity. County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, Contractor hereby agrees that its employees (and applicants for employment) shall not be discriminated against because of race, color, national origin, religion, physical or mental handicap, marital status, sex or age, except in case of bona fide occupational qualifications as defined and provided by applicable federal or state law. B. Compliance with Applicable Provisions of ORS Chapter 279. Contractors which are community libraries further agree that they shall comply fully with all applicable provision of ORS 279.310 through 279.430. These include: ORS 279.310, ORS 279.312 relating to payment of labor, materialmen, the Industrial Accident Fund and the Department of Revenue and prohibiting any lien or claim to be filed against County on account of labor or material furnished; ORS 279.314 authorizing County to pay said claims on behalf of Contractor; ORS 279.316 relating to overtime and 279.320 relating to medical care. Said provisions are hereby incorporated' by reference and the applicable terms contained therein shall be binding upon Contractors which are community libraries in the same manner as if they were fully set forth herein. . 13. INDEMNIFICATION Each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnifications shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.300, and the Oregon j Constitution. f 14. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated for. Public Library Services Agreement 7 15. NO BENEFITS No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. 16. NOTICE Any Contractor shall give immediate written notice to the County of any action or suit filed or any claim made against that party that may result in litigation and is directly related to this Agreement. 17. INSURANCE Each party agrees to maintain insurance levels, or self-insurance in accordance with ORS 30.282, for the duration of this agreement at levels necessary to protect • against public body liability as specified in ORS 30.270. Contractors which are community libraries shall provide certification of insurance upon request. 18. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 19. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 20. SEVERABILITY If.any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. 21. AMENDMENT This Agreement may only be amended in writing and with agreement of all parties. Public Library Services Agreement 8 111111101111111110 =J FOR THE CONTRACTOR: FOR WASHINGTON COUNTY: Signature Signature Title Title Date Date APPROVED AS TO FORM: Sr. Assistant County Counsel H Public Library Services Agreement 9 s REIMBURSEMENT FORMULA PUBLIC LIBRARY SERVICES AGREEMENT, EXHIBIT A Category Allocations of 2, 92, 3, 3% 97-98 Open 1998 Circ @ 97-98 Vols Add. 97-98 Coll. Coll. Exp. Library Libra Contractor Name Sere Poo• Hours Max Circ $1.76 Vols added 52.09 Expendit's 111% T01a1 Banks 1,783 $ 13,931 20,215 $ 35,557 2,506 $ 5,245 $ 2,459 $ 451 $ 55,184 Beaverton 105,391 $ 20,895 1,256,307 $2,209,793 29,428 $ 61,589 $ 483,829 $ 88,762 $ 2,381,039 Cedar Mili 47,641 $ 20,895 734,366 $1,291,720 . 17,605 $ 36,845 $ 184,595 $ 33,865 $ 1,383,325 Cornelius 8,342 $ 13,931 47,887 $ 84,231 2,956 $ 6,186 $ 13,005 $ 2,386 $ 106,735 Forest Grove 21,878 $ 13,931 225,314 $ 396,318 9,049 $ 18,938 $ 87,716 $ 16,092 $ 445,280 Garden Home 1,828 $ 13,931 45,172 $ 79,456 1,972 $ 4,127 $ 11,249 $ 2,064 $ 99,578 Hillsboro 106,381 $ 20,895 1,255,958 $2,209,179 34;584 $ 72,380 $ 329,275 $ 60,408 $ 2,362,862 Sherwood 9,547 $ 13,931 103,686 $ 182,379 3,903 $ 8,168 $ 41,000 $ 7,522 $ 212,001 Tigard 48,977 $ 20,895 644,834 $1,134,237 15,570 $ 32,586 $ 201,535 $ 36,973 $ 1,224,691 Tualatin 22,450 $ 13,931 223,245 $ 392,679 7,678 $ 16,069 $ 95,489 $ 17,518 $ 440,197 West Slope 10.353 $ 13,931 179,024 $ 314,896 4,545 $ 9,512 $ . 3Q,549 $ 5,604 $ 343,943 Totals 384,571 $ 181,097 4,736,008 $8,330,446 129,796 $271,645 $1,480,701 $ 271,645 $ 9,054,833 Pf99-00 Allocation $9,146,591 Less Pooled Reference Fund $50,000 Less Reserve $0 Wilsonville $41,758 Available for Contractors $9,054,833 Open Hours % 2.0% Circulation % 92.0% Volumes % ' 3.0% Collection Exp.% M 100.0% AGENDA ITEM # . For Agenda of June 8, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget Adjustment #9 for acknowledgement of insurance funds received from a damaged police vehicle and appropriation of funds to replace the vehicle. PREPARED BY: Cyndi A Turner DEPT HEAD OK • / W4UA CITY ADMIN OK IA~ ISSUE BEFORE THE COUNCIL Shall the City Council approve a budget adjustment for insurance funds received from a damaged police vehicle and appropriate funds to replace the damaged police vehicle? STAFF RECOMMENDATION Staff recommends approval of Budget Adjustment #9 for receipt of insurance funds and appropriation to replace the damaged vehicle. INFORMATION SUMMARY The 1998/99 adopted budget did not include insurance revenues for a damaged police vehicle, in the amount of $21,000. The 1998/99 adopted budget did not include appropriations to replace the damaged police vehicle. The Budget must be adjusted to recognize the receipt of $21,000 from City County Insurance Services and well as appropriate funds in the Police Operations Division for the replacement of the damaged vehicle. OTHER ALTERNATIVES CONSIDERED Council may elect not to appropriate funds to replace the damaged police vehicle. FISCAL NOTES Approval of this budget adjustment increases General Fund revenues by $21,000 and appropriates these funds in the Police Operations Division Capital Outlay budget. 3 , lJ AGENDA ITEM # For Agenda of June 8, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget Adjustment #10 for consulting fees for a feasibility study of anew recreation district. PREPARED BY: Cyndi A Turner_~ -DEPT HEAD OK 11V4U/L CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council approve a budget adjustment for consulting fees relating to the formation of a new recreation district? STAFF RECOMMENDATION Staff recommends approval of Budget Adjustment #10 for consulting fees for a recreation district feasibility study. INFORMATION SUMMARY The 1998/99 adopted budget did not appropriate funds for this project. The Budget must be adjusted to provide for the funds necessary to complete the project. The attached resolution appropriates $15,000 in additional funds from General Fund Contingency to the general CIP program for completion of this project. OTHER ALTERNATIVES CONSIDERED Council may decide not to participate in the feasibility study. FISCAL NOTES Approval of this budget adjustment increases the Public Works Parks Division contractual services by $15,000 and decreases General Fund Contingency by the same amount. NINON I AGENDA ITEM # FOR AGENDA OF n, 1C'7 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Ado tion of a resolution to support Ma no Humphries in t in to obtain a loan from the Oregon Economic Development Commission to expand their business. PREPARED BY: Doris Michael DEPT DEAD OK CITY MGRV - ISSUE BEFORE THE COUNCIL Should the Council adopt a resolution supporting a business trying to obtain a loan from the Oregon Economic Development Commission? STAFF RECOMMENDATION Staff recommends that the Council approve the resolution. INFORMATION SUMMARY Thelma Magno, owner of the Magno-Humphries, Inc., is hoping to obtain a loan from the Oregon Business Development Fund program so that she may expand her business. Her chances of obtaining a loan improve if she is able to obtain a resolution from the City Council in support of her business expansion. Thelma Magno presently owns a vitamin and over-the counter drug manufacturing company located at 8820 SW Commercial Street. She is seeking a loan from the State of Oregon so that she may buy the 1.49-acre parcel of land located at 12970 SW Hall Boulevard in the Light Industrial (L-I) Zone. The SW Hall Boulevard site is across the street and south of the existing facility located at SW Commercial Street, which will be retained. She intends to store raw and finished goods at the existing building(s) located at 12970 SW Hall Boulevard. Since the proposed use is permitted in the Light Industrial Zone, staff believes it is acceptable for the Council to adopt the attached resolution (Attachment 1). ANOTHER ALTERNATIVES CONSIDERED As an alternative, the Council could decide not to adopt the resolution. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATGEY This resolution supports Goal # 4 and Strategy 4.1 developed during the Tigard Beyond Tomorrow process. Goal # 4 states, " Local and small businesses are encouraged as an important part of our community and economy. Strategy 4.1 states, "Retain and assist local businesses." FISCAL NOTES I The adoption of this resolution will not financially impact the City. iAcitywide\sum\thelmares t.doc Doris Michael 28-May-99 AGENDA ITEM # FOR AGENDA OF June 8, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 106th Avenue Johnson Street tarv ewer Extension PREPARED BY. ' ie Nguven DEPT HEAD OK Gus enas GR OK Bill Monahan ISSUE BEFORE THE COUNT Shall the Local Contract Review Board approve the contract award for the construction of 106'h Avenue & Johnson Street Sanitary Sewer Extension? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to Venture Construction, Inc., in the amount of $43,888.00. INFORMATION SUMMARY The area of 106"' Avenue & Johnson Street was recently annexed into the City of Tigard so that City sewer services could be extended to serve the properties abutting these streets. Upon annexation, a Reimbursement District was formed which would allow the City to design and construct the sewer extension and then be reimbursed by the property owners. On March 9, 1999, the Council approved Resolution No. 99-15 authorizing formation of Reimbursement District No. 12. The sanitary sewer extension would extend from the existing sewer adjacent to Derry Dell Creek, extend westerly on Johnson Street to the intersection of 106' Avenue. From the intersection, the line would be extended approximately 70' to the north and 206' to the south and will provide service for nine properties. The bid opening was conducted on May 18, 1999. The bid results are: Venture Const., Inc. Cottage Grove, OR $43,888.00 Miller & Sons Contrs. Sherwood, OR $48,939.50 j Cipriano & Sons Const.,Inc. Boring, OR $54,024.00 3D Contracting, Inc. Aloha, OR $56,755.00 System Const. Co. Portland, OR $59,072.00 Brian Clopton Excavating, Inc. Wilsonville, OR $63,870.00 Emerald Tower, Inc Beaverton, OR $64,443.28 J.W. Underground, Inc Portland, OR $66,862.00 Crestview Const., Inc. Hillsboro, OR $68,238.00 CJ's Const. Services, Inc. Vancouver, WA $69,585.00 I Rasch General Contrs. Clackamas, OR $79,796.00 Dunn Const. Portland, OR $89,660.00 Kerr Contractors, Inc. Tualatin, OR $91,302.00 Les Brown Exc.,Inc. Gresham, OR $122,720.00 Engineers Estimate $69,000.00 A OTHER- ALTERNATIVES CONSIDERED There is no other available connection point that would be able to provide sanitary sewer service for the subject properties. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NSA FISCAL NOTES The amount of $500,000.00 has been set aside in the approved FY 1998-1999 budget for the Neighborhood and Commercial Area Sewer Extension programs. This funding is adequate for this project. LlenptBBUpt106Johro110&h NtnaY eum.Coc AGENDA ITEM # 3J D V), FOR AGENDA OF dune 8. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE ward of Contract for rant Avenue Im rovements PREPARED BY: Vannie Nguyen DEPT HEAD OK: Gus Duet ITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Grant Avenue Improvements? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to Sight Excavation, Inc. in the amount of $42,431.66. INFORMATION SUMMARY This project would provide a pedestrian path along Grant Avenue connecting the existing walkway along Park Street with School Street and providing pedestrian access to Charles. F. Tigard Elementary School. The existing Grant Avenue is a local residential street that runs in a northerly direction from Park Street and then easterly before it intersects with School Street and ends at the school. There are existing paved shoulders along Park Street and Watkins Avenue that are delineated for use as pedestrian walkways. However, the paved walkway stops at the intersection of Grant Avenue and Park Street. The proposed improvements include widening the existing street, installing extruded concrete curb to isolate the walkway area, and painting traffic stripes and crosswalk. Completion of the Grant Avenue improvements would provide a continuous walkway from Watkins Avenue at Highway 99W through Park Street and Grant Avenue to Charles. F. Tigard Elementary School. The bid opening was conducted on May 18, 1999. The bid results are: Sight Excavation, Inc. Mosier, OR $42,431.66 Crestview Construction, Inc. Hillsboro, OR $45,539.00 Marshall Assoc. Contractors, Inc. Tualatin, OR $49,600.75 Coast Services Tigard, OR $53,011.00 D & D Concrete & Utilities, Inc. Tualatin, OR $58,961.00 J.P. Contractors, Inc. Portland, OR $59,529.00 Wallace & Associates Newberg, OR $73,294.00 Michael Mark, Ltd. Tigard, OR $83,977.00 Engineer's Estimate $57,044.00 IMMM SEEMS w OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATE QY N/A FISCAL NOTES This project was authorized in the FY 1998-99 CIP and funded from the Gas Tax in the amount of $30,000. It is proposed to be funded in FY1999-2000 in the amount of $45,000. This amount is sufficient to award the contract of $42,431.66. 1Aeng\99cip\grant\coundf agenda item.doc 4 AGENDA ITEM # 3, l a C- . FOR AGENDA OF June 8. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the construction of Walnut Street and Tiedeman. Avenue Intersection Reali ent VY'`~ PREPARED BY: Vannie NMLyen DEPT HEAD OK: Gus Duen~as CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Walnut Street and Tiedeman Avenue Intersection? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to Benge Construction Co. in the amount of $1,246,993.12. INFORMATION SUMMARY Walnut Street runs in a westerly direction and forms a dog-leg configuration with Tiedeman Avenue and Fonner Street. Walnut Street and Tiedeman Avenue are both major collectors and Fonner Street is a minor collector. Walnut Street has been proposed for realignment in this area to eliminate the dog-leg configuration. Murray, Smith & Associates was selected in June 1998 to perform the preliminary design and final design of the project. The proposed improvements include street widening, installations of curbs and sidewalks, signalization of the realigned intersection, and undergrounding the existing overhead utilities. A property located at the northeast corner of the intersection and slope easements along Walnut, Fonner Street and Tiedeman Avenue have been acquired for the realignment. The transfer of jurisdiction of the streets has been obtained for construction of the project. Construction is scheduled to begin mid-July 1999 and end mid-August 2000. In order to accommodate the proposed work in the required time frames, Walnut/Tiedeman/Fonner Street intersection may be closed to thru-traffic for a total of 45 consecutive days this summer and 30 consecutive days in the summer of the year 2000. The bid opening was conducted on May 25, 1999. The bid results are: Benge Construction Co. Tualatin, OR $1,246,993.12 Kerr Contractors, Inc. Tualatin, OR $1,328,092.00 Eagle Elsner, Inc. Tigard, OR $1,387,629.10 Engineer's Estimate $1,497,065.20 OTHER ALTERNATIVES CONSIDERED MEMNON= y N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve traffic safety' FISCAL NOTES This project was funded in the amount of $800,000 in the FY 1998-99 Recommended Traffic Impact Fee (TIF) projects and is proposed to be funded in FY1999-2000 in the amount of $1,300,000. This amount is sufficient to award the contract of $1,246,993.12. \Uig333\usr\depts\eng\98dp\walnulU\coundl agenda Item-CM3lrucUOn.doo M, AGENDA ITEM # 3, ID c , FOR AGENDA OF -June 8, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 116th Avenue Storm Drainage Improvements IT V %J PREPARED BY: Vannie Nguyen DEPT HEAD OK Gus uenas CITY MGR OK Bill onahanISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of 116`'' Avenue Storm Drainage Improvements? STAFF RECOMMENDATIOI`T The staff recommends that the Local Contract Review Board, by motion, approve the contract award to Venture Construction, Inc., in the amount of $53,457.65. INFORMATION SUMMARY The proposed project is a storm system upgrade of the existing line in Tigard Street and 116'h Avenue. A portion of the existing line is very old and in poor condition. In addition, it runs along a narrow easement behind existing properties and is difficult to maintain. This project would upgrade the existing line in the street in order to provide the required capacity, and abandon that portion of the line the easement. This will place all the line within the existing right of ways. Beginning at an outfall along summer creek the storm drainage improvements would extend northerly onto 116" Avenue, approximately 590' to the intersection of Tigard Street. The line would then extend easterly approximately 245' to the intersection of Tigard Street and 115' Avenue. The bid opening was conducted on May 18, 1999. The bid results are: Venture Const.,Inc. Cottage Grove, OR $53,457.65 Morgan Industrial Const. Aloha, OR $68,538.00 Miller & Sons Contrs. Sherwood, OR $73,663.50 Sight Excavation, Inc. Mosier, OR $76,058.77 Crestview Const.,Inc. Hillsboro, OR $83,016.00 Kasey Cooper Exc.,Inc. Boring, OR $83,166.40 System Const. Co. Portland, OR $85,259.00 Emerald Tower, Inc. Beaverton, OR $85,798.21 Rasch General Contrs. Clackamas, OR $87,768.00 J.P. Contractors, Inc. Portland, OR $88,700.00 J.W. Underground, Inc. Gresham, OR $89,250.00 Brian Clopton Excavating, Inc. Wilsonville, OR $96,915.00 Ism INN =1 E11111111 III= 11111111111111'em Marshall Assoc.Contr.,Inc. Tualatin, OR $ 98,929.00 Wallace & Assoc. Newberg, OR $102,380.50 Dunn Const., Inc Portland, OR $107,951.00 Michael-Mark Ltd. Tigard, OR $108,728.00 Les Brown Exc.,Inc. Gresham, OR $128,080.00 Engineers Estimate $97,800.00 OTHER ALTERNATIVES CONSIDERED N\A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N\A FISCAL NOTES This project was funded in the amount of $70,000.00, in the FY 1998-1999 115' Drainage Improvements" fund. This amount is sufficient to award the contract. 1:1eM%99Gp,1 ,BIM„91h Cnundl S=.doc a i i i 3 AGENDA ITEM # a, t a Q . FOR AGENDA OF 8 June 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUN 94ARY ISSUE/AGENDA TITLE Shall Council award bid for the Jack Park & Englewood Park Pathway Reconstruction Project to the low bidder, Sun Quest Construction Inc. West Linn in the amount of $47,577.20 C-1 wou PREPARED BY: John Roy DEPT HEAD OK CITY MGR OK t`-' ISSUE BEFORE THE COUNCIL The issue before Council is the bid award to the lowest responsible bid from Sun Quest Construction Inc. STAFF RECOMMENDATION Staff recommends that Council award the project to Sun Quest Construction Inc. for the bid amount of $47,577.70. INFORMATION SUMMARY Jack Park currently has an asphalt pedestrian/bike path that is in very poor condition. The path does not meet current standards for pedestriantbike paths, as it is only about three feet wide. It has numerous failures in the asphalt as a result of no base rock installed at time of original construction. In several locations the asphalt has been upheaval as a result of shallow tree roots. The pedestrian/bike path is virtually impassable by wheelchair or by someone pushing a stroller. This overall project also includes approximately 210 feet of path repair in Englewood Park as well. Staff advertised for bid on 11 May 1999 with bid closing held on the 25`h Of May 1999. Seven bids were received and are identified as follows: Sun Quest Construction Inc., West Linn, Ore. $47,577.70 Vancouver Paving, Vancouver, Wa. 51,064.00 PCR Inc., Portland, Ore. 61,937.00 Anderson Pacific Construction Inc., Ridgefield, Wa. 63,770.00 Coast Services, Tigard, Ore. 66,890.00 J.P. Contractors, Portland, Ore. 81,270.00 Michael Mark Limited, Tigard, Ore. 85,990.00 OTHER ALTERNATIVES CONSIDERED Reject the low bid and award bid to next lowest responsible bidder. Reject all bids. Readvertise for bids. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY 111111 ====J FISCAL NOTES This project was originally budgeted for in the 97/98 FY budget. It was postponed pending the completion of the Park Master Plan analysis. The money was anticipated tc 65 carried over to the FY 98/99 budget but unfortunately was not. In the FY 98/99 budget $53,000.00 is allocated for new playground equipment at Jack Park. We will utilize these funds for this project, and have requested in the FY 99/2000 budget money for the playground equipme^r The path we consider to be the first phase, and the playground equipment to be the second phase of our improvements to Jack Park. AGENDA ITEM For Agenda of. June 8, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of an approximately 9,381 square foot portion of the SW Ross Street right- of-way, east of SW Hall Boulevard. 09 PREPARED BY: Mark J. Roberts DEPT HEAD OK ITY ADMIN OK U661~ ISSUE BEFO THE COUNCIL Should the City Council vacate an approximately 9,381 square foot portion of the SW Ross Street right-of-way, east of SW Hall Boulevard? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. Staff recommends approval of the vacation request with the condition that all improvements to the new Ross Street alignment are complete and accepted by the City prior to final vacation of the old right-of-way and that the vacation be subject to reservation of a public utility easement. INFORMATION SUMMARY The City Council initiated this Vacation on April 13, 1999 (Attachment 2, Resolution No. 99-23.) Lynn and Monica McDonald requested that the City Council vacate an approximately 9,381 square foot portion of public right-of-way on SW Ross Street east of SW Hall Boulevard. The right-of-way had previously been dedicated to the public. This right-of-way is partially improved but due to the re-alignment of SW Ross Street that will provide a signal at the Sattler/Hall/Ross intersection, there will be no further public need for the "old" Ross Street right-of-way. Right-of-way for the new alignment of Ross Street has been dedicated and Matrix Development will perform the street construction and intersection signalization work. This work was a condition of approval of the adjacent Applewood Park subdivision and will be completed in conjunction with the approved Hampton Court subdivision (formerly Elderberry Square). The petitioners are requesting that the City vacate this portion of the public right-of-way so that it may be incorporated into the Hampton Court subdivision. Ross Street is listed as a minor collector street on the Comprehensive Plan Transportation Map. Appropriate agencies have been contacted for comments and did not provide any objections to the proposed vacation. PGE and GTE both commented on the need to provide easements for existing utilities. The City Engineering Department also noted the need to maintain the existing Public Utility Easement. Attachments: ATTACHMENT 1 - (Proposed Ordinance) "Exhibit A" - (Site Plan) ® "Exhibit B" - (Legal Description) ATTACHMENT 2 - (Resolution No. 99-23 Initiating The Vacation) OTHER ALTERNATIVES CONSIDERED 1. Deny the easement vacation request. 2. Take no action at this time. Ross Street Vacation i:\curpln\mark\vacatemss-sumshoet (6/8/99 City Council Public Hearing) ow VISION TASK FORCE GOAL AND ACTION COMMI'T'TEE STRATEGY N/A FISCAL NOTES There are no fiscal impacts as a result of this request as all fees have been paid by the applicant. Ross Street Vacation is\curpln\mark\vacateross-sumshect (6/8/99 City Council Public Hearing) i CITY OF TIGARD, OREGON RESOLUTION NO.99-23 A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 9,076 SQUARE FEET OF PUBLIC RIGHT-OF-WAX COMMONLY KNOWN AS SW ROSS STREET. WHEREAS, the approximately 9,076 square foot portion of the road had previously been dedicated to the public with the platting of the Good Acres Subdivision; and WHEREAS, new public right-of-way has been dedicated for a new alignment of SW Ross Street and, after construction of the new alignment the original right-of-way will not be used in any form; and WHEREAS, the petitioner is requesting that the City of Tigard initiate Vacation proceedings to vacate an approximately 9,076 square foot portion of public right-of-way on SW Ross Street west of SW Hall Boulevard (Exhibit "A"); and WHEREAS, the public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section a: The Tigard City Council hereby initiates a request for the vacation of approximately 9,076 square feet of public right-of-way commonly known as SW Ross Street east of SW Hall Boulevard, as more particularly described in Exhibit "B" and Exhibit "C" and by reference, made a part hereof. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, June 8, 1999 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right- of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said public hearing, the first publication to be on May 20, 1999 and the final publication to be on May 27, 1999. The Recorder is further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated. REsowrioN No. 99- McitywidekcsWacateross.res Page 1 of 2 31-Mar-99 Marls J. Roberts 111111 111110 11111111111~mllll MEN PASSED: This I~p day of 4,oqA z L '1999. Mayor ty of Tigard ATTES'T': City Recorder - City of Tigard RESOLUTION NO.99- Bcitywide4~ecoss.res Page 2 of 2 31-Mar-99 Marc J. Roberts MEN SC S36-5443 P-2 Mar -24 39 09: Y 6a Ch S Balmer • EXHIBIT 3/23/19 • City of Tigard Tigard, Ocemn ATTENTION: City Council of Tigad SUBJECT': 8340 SW Ross Street, Tigard, Oregon Gentlemen: Please initiate at your earliest conyenience the vacation process for the property bled on Ross Street in Tigard. As you lntow, this vacation process is due to the realigrunaut of Ross Street. There is a new right of way in the process due to this realignment We have included for you review a plat map showing the property involved in this realignment, as well as a letter addressing the vacation process fmm Hanna, McOdowney & Associa3tes, a firm hired by the City of Tigard it is imperative to us that you process this application as soon as is possible since vm have a pending sale on our property located at 8340 SW Ross Street, Tigard, Oregon Thank you. ~ Lynn and Moarica McDLonalddOY- ~7 l (503) 838-0757 i a i 3 , the norm owner to Ila It to revert to pettioner*~,~.,.. . ' Area to be Vacated 7,046 Sa• oss STREET 0. IN 41 • 113.62 ' ~g .32 D 37-2 '44" ~ too X5.17 4~• R t70.00 $ 675a 5 ~ OP MON~CA A.'MCQONAI.0 1" L "77.51 Ng9~~6'~ 6" ,i o~t~NGR 4YNH 8• O ~ 0 m ~~'7!e N R 7.3o,oo' ° ~ ~a9i3.7 ~'w ~ 130.11' • •16')6" New Public Right of ~.-,~-r'•°" 30 a gra:7 L 8. & LION►~A H, hiGQaN~L~ . OYINER LYNN O ee•e 7 'Mum s Balmes 5( 636-5443 P-8 r Mar` 24 99 09: laa Ct EXHIBIT 11099 res nurser 3 Z w 19:d~-Ol? a 2~ b" & b Zt i f YQ N Z IfaJa if If fua ff ♦ ~ t 12400- 12300 .r4Ac. Z3ACm . 2 0 1 ° 4 - I oee v i ` IoLTO w aH w oo rK a rrs~rrrrrrrei:4 ,~KGC4Rte T° fVQIG 377/aa ~ •/r ~ireo.r irsresr.rrr/ire rravrrsr ° tw er R.T . STi REET s jail- « f (ca.12904d W10E1 .s.7nv o7~ wi• [ 1 a tZafO' A 71177 af' ~9d• 1001 ffradv aaaa ae stll uaad oo•a L-L20AC 500 600 czsAC '~i°4 e T . a•tt° 800 1 ? l~ LOO AC (cs G257) ' r eF -e 1000 - o) 9 8 7 r 2.96 AC to ' t2aap 4 901 ; 12 741 C X01 /ItIT1Al. PaIMT ~Lp. ttaad txt~rd 7C p fs•af]dE 22 ad p MY te. Is soul 7f so suo czw 12800 8300 6400 8500 8000 8700 8800 8900 9100 9200 T"to 93C _J 13200 13100 13000 12900 Z ^ tLI .137 a 297 98 99 .100 IOI 102• • I03 104 105 *G 107 :i 141 t~ 140 139: 138 :~V 1 r 44 = 142 ww ad S 9 ao aase 3ia7 .P ~d sza ItsT so' w' sd so! sd sd fie ss' a~ +03.~ ~a 4°" • r 13400 v 143 rr~~ KENTON SI !au 146ad ad St.37 40 00 1461)0•FQ$ _8200 8100 • ..600)0 ?900 •7800 -TWO -76W •-7500- f F~l (3500 sat 00 154 IS$ i~6 296 95 93 91 too frw 5 tcsf cs s9 - r C) ~ 7400 66 M 00 114300 14 5700 W.80tr0 5900t7 aa 6000/x0 7300 ~ to0. TI[c"i1!' 4 4r 1C~ l51 ~ -1 0 3.1000C i : . as 70 71 72 ` ss. fa000fL~•1} r ti. .rim . _ ]p zf 147 13900 o i49 «5500 r war 14(00 CHIG/1GO -I s J 4fl J:50 3 S:w „ nan lod sd tad . a7 Ln_ 'This (flat i5 lox your aid in -a 'S ^ .aaf nv to' rr as naa v '0 100atiOg your land wish refereMe 1 Ya :ann aut 41" ~ x• g3p0 _ Sa00 1o streets and other parcels While this plat is believed to be correct, the company. Assumes no liability for anv IOs~7accu(dng by reason of reliance thereon - Na. - C►K/Q0Stilt tl+.UtAAMkCOUnAW 10001 S c ti~SOE POAD gac.cauti¢,Ortt(SON yr016 mom AGENDA I'T'EM 1 5 FOR AGENDA OF 6/8/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Water Conservation Program Update PREPARED BY: Kimberly Swan DEPT HEAD OK_ CITY MGR OK ISSUE BEFORE THE COUNCIL Water Conservation Program Update. STAFF RECOMMENDATION Hear a presentation by the Water Conservation Program Coordinator. No action by City Council is needed. INFORMATION SUMMARY Since 1992 the City of Tigard has participated with other regional water providers in the Columbia-Willamette Water Conservation Coalition (Coalition) which has been developing and implementing regional conservation programs. In October of 1998 the City hired a Water Quality and Conservation Program Coordinator to further implement local education and outreach programs and enhance the City's participation in the regional conservation efforts. On the local front we are continuing to provide monthly water conservation articles in Cityscape, overseeing the residential landscape survey program, and coordination of a summer water conservation utility bill insert. The position has also developed a number of youth education programs. Over 600 first and second grade students have seen the Water Conservation Puppet Show "Where's Rosie?", and by the end of the school year over 1000 students in Tigard elementary and middle schools will have participated in conservation presentations. The City of Tigard representative to the Columbia-Willamette Water Conservation Coalition has recently been nominated to become Chair of the Coalition which is made up of sixteen regional water providers. Some of the Coalition projects currently under way include the summer media campaign which will run June through September, water wise workshops with local nurseries, a low water use plant identification pilot project with local nurseries, and workshops about water curriculum and conservation for teachers. Tigard has been participating in the Regional Water Providers Consortium and Coalition project of developing a conservation effectiveness tracking and measurement strategy. The goal of this project is to allow water providers to track demand trends, and assess the effectiveness of conservation programs. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION CONMTTEE STRATEGY Urban & Public Service - Conservation is part of the strategy of meeting the goal #4 of "Actively participating in regional developments of water sources and adequate, innovative funding mechanisms to develop,this sources for Tigard users while exploring local options for water reuse and groundwater sources" which includes educating water users in conservation methods. FISCAL NOTES N/A i:ctWMde\swn.aa 00000 -it h e s e tips 4 the fare our sprinklers water ngs sure ® Make hing paved flower little thil hings, rather than p I title ~e C20311 do living tand drivewaYs.lf you r jarde". to nia le sure have an in-ground 4 sprinkler system, A fish y vve W,2kve che- haheads spray where they should. in tue en®U13~ plinkler " a week.Place a tuna can on your lawn- gtrea~, " of water. vj2k'ter for a11 ® Water your lawn only Irinkler to deliver Summer Note how long it is takes an the sp to avoid overwatering- at res. Y . .d.. using a hose timeC easy ,n tue vine. actin I - Timers are available at g outdoor uipm ent.Fix cnker on heads. 5o an eye on your watering aa broken sp A glass Keep ce leaky hoses.Repair ()f Cold Vater 'tc) share faucets.Repla r automatic sprinkl+ng on a sunny 111 the stall a rain sensor to shut off you aftern®®n. In f1sho t® system when it rains. garden stares. lants at CeXtures - display leaves of many ~ Lookfor low-water use trees er is Vocit They'll bloom colorfully ~Q~~~~ a and hold down Your bill. r plants stay healthy Add organic material to y our soil. You call n(318CICIVICI and need less water nd flower water trees, shrubs a and a use drip irrigation to water wisely is especially i ard's using vegetable beds. the summer. but they count. in Mane recent y their ears,T9 important during businesses are get on dropp ed over 170i0• work done. er because These are little things Most household Ovate, use ies to person doubles in the summ r ba water use per and gardens. switching to water efficient t as well as we water lawns bare of es save dollars as well as water resources. Naturally,that takes a big s These than in our reservoirs. the water stored Noll- 'U - v :n 'v ti T t fib i~.y~avfatylF.;~^ ~R~_OI ~~~+'N„ 3.~„ .L• w~ C y~tj~)r alt Ft3i A.~P' ♦~#9ps- "a L_ 4 ,S ! {r ~ 1- i R'O vv,?%.ter (2mServiNtio-r4 Activity 1300k ih o~ _,w....~ .~L'y~ v . 7 +.w.~ , ~n+,~-~-~ -~t ~ n : lr+r.5r~ c2.~F,: 6 °.7M.'»£.' L,✓' rw EE~; G h~C Ysr,I ''n K P:. fKr it Y.- ~.4. i~-t+.~L..~f.l-..L~c..~.~L~.:J+~~~_.L:a[!..+:.L ~LrLI.,NLr.a~~~..L„~.~ir."G~.'....•a~. ~..~1~ ~ ~~s: Columbia-Willamette Water Conservation Coalition Dear (Parents & Teachers, This booklet has been created by the Columbia Willamette Water Conservation Coalition as a supplement to the "Where's Rosie?" puppet show to teach children about water conservation. The coalition is a group comprised of water conservation staff representing cities and water districts throughout Clackamas, Multnomah, Washington, and Yamhill counties. We were formed with the common goal of educating our customers about wise and efficient water use. Cooperatively, we have created a variety of presentations on water-related topics appropriate for students in grades K-12. Contact your local water provider for further information and available presentations. Columbia-Willamette Water Conservation Coalition: Portland Water Bureau City of Hillsboro Clackamas River Water District Tualatin Valley Water District City of Tigard City of Sherwood City of Gresham City of Tualatin Powell Valley Road Water District Rockwood PUD City of Newberg Mt. Scott Water District City of Beaverton i i © 1997 Columbia-Willamette Water Conservation Coalition Characters and design by Julie Mohr of Flying Rhinoceros, Inc. 3 a Cam, The Flying Rhinoceros is a registered trademark of Flying Rhinoceros, Inc. Color Katie and her friends. WON -lek. a Clarcle the ways that help to save waterf, D 4 ~a r, r ON OFF ON OFF oa Q QQ d 3 Pum -a -8 :SjgmSuV jAelP LerO'y find Rosser e Aar 1 1 1 START ~ a • r • • ° ° r r You're off to a slow • ° start! You like just floating around in the reservoir r ° all day. • 1 ~I 1.♦ a f~#I~kkl~' f~Ct~ary. i"ip i nr.... tiVfic..}~" a: a 7 1 ui ii' I rl ~ 4 . 4't s l + f i. . f .ut ® X2 ° G ~ v+t t .try'"tps`a ~`3 "Y.~ P ~ r • p' f L n t u t f So~ ~y om, 7 I •'n r e..4 . { 1 t. t r ~`~'R raj AN~° TM"~~` s_t a ~s I w1~Y. 4 Katie's Water Word Search Find and circle these words in the vuzzle. WAiSC RIVER SINK EVAPORATE CLOUD LAKE NOSE DAM RAIN STREAM PIPES CONSERVE F G O Z X V O O A P Y H E A S E R L K E C L D V E T T J K,AwnE N D U b°'~ P'C~~'S d MON, RN D R A R FI S V A E ~R--MSS 0 G L H REAM 1 S P K Oj~ R J E N M°3RR(~ TV(~ R D A D TIE~EE L S E ~•~+1 L A PS Y Z A C UC O SJamVE U CJ O URI, r., fir, r Moderato J = 108 Words and music by Nancy Fox Wa - ter, wa - ter, wa - ter, eve - rywhere. 9PP do 40 Rqw There is so much wa - ter, why should we care? There's M9 F wa- ter in your bo- dy, wa- ter in the sea. wa-ter in the rain, wa- ter a stored in a tree. Wa - ter, wa - ter, wa - ter, 10 eve - rywhere. Seems there's plen- ty or you and me. But 13 wake up! Lis- ten! Let's be a- ware! All that wa- ter is must be shared. We can't make wa- ter, so we'll learn the way ~s I 3V to save wa - ter eve - ry day! Wa - ter, wa - ter, wa - ter eve - ry where. We're wast - ing too much wa - ter, we 24 have to.- care 'cause Wa- ter is so pre - cious. There is no doubt. 27 We want to sa4e wa -ter so it won't run- out! IF No water Cycle Words and music by Nancy Fox Moderato 1 First water's in A cloud.Then it rains bye and bye. We watch the dropscome down when ev - ry-thing's dry. Then the e Mi - 4' di '0 sun comes up. Ma 7that wa-ter so hot, it ri - ses drop by drop back..- up to the sky. 13 % Chorus I 1 11 rpm d, Drip drop wa- ter. Up and down. Wa - ter cy- cles round and round. 17 Fine Seems like ma-gic when it falls to the ground, but the wa - ter cy- c es all a - round. Wa-ter 21 rises in the air. Where does it go?- _ Into a cloud and then it turns in - to snow. Or 25 D.S. al Fine sleet or-. hail, or the rain on my toe. It's the drip drop wa- ter flow. I~ I milli Finger Puppets Cut out the puppets. Don't forget the piece at the bottom. You'll use that piece to wrap around your finger! Adjust the bottom to fit your finger and use tape to secure the puppet. 1 ~ 1 ' 1 I mamma 1 ' / \ I i 1 1 1 I 1 - / Boom 1 , i ' 1 , I , 1 --------------I 1 1 , 1 1 , 1 \ / 1 / 1 / 1 ' 1 - I , ♦ - - - - - - - - - - - - 1 I , , I L, 1 ' I 1 1 I i Ad8ftk 1 ~ , I 1 1 1 1 1 ~ I1YI ` I 1 -hA I,;. I III 1 I Ye 1 1 ' 1 1 1 I 1 ` 1 I I~ 1 1 , 1 1 YpY~i14 ® 1 , . - 1 1 , / - Alm 1 1 I 1 1 1 1 1 1 1--- 1 I 1 I 1 1 1 t 1 pow ~ c1ed D.Pe. CSI printed on re l 1 AGENDA ITEM # FOR AGENDA OF 6/8/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Greens acs IGA A s PREPARED BY: Duane Roberts DEPT HEAD OK I CITY MGR OK Ad~ ISSUE BEFORE THE COUNCIL How should the City expend its remaining Greenspaces local share dollars? STAFF RECOMMENDATION Council consider the public testimony and adopt the previous resolution presented to Council, which changes the scope of the Fanno Creek Trail Project to include trail construction and natural area restoration. INFORMATION SUMMARY On May 11, 1999, Council took public testimony and considered options for re-allocating the balance of the City's Greenspaces entitlement funds. At the meeting, a spokesperson for a group of citizens testified in support of using the funds to pursue a one-acre forested parcel located adjacent to Cache Creek Park. Council directed Councilors Hunt and Scheckla to visit the site and report back with a recommendation. The Councilors indicate they intend to recommend against pursing the one acre parcel. Council originally considered the one acre in question approximately one year ago, with Council deciding against adding the property to the list of local target sites. The main reason discussed was that substantial Greenspaces funds had been expended on the Cache Creek purchase and that the existing park serves neighborhood residents and not the City as a whole. A copy of the May I 11h packet is attached. OTHER ALTERNATIVES CONSIDERED Council could consider purchase of the one-acre forest parcel abutting Cache Creek Park. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth Management Goal #I calls for accommodating growth while protecting livability, with natural resource protection identified as one of the action strategies listed under this goal. FISCAL NOTES Revision of the official City project list to reflect the purchase of the Cache Creek property will allow the City to seek reimbursement of the full $345,025 project cost from the City's Greenspaces set aside. The remaining Greenspaces funds available to the City are $233,000, of which approximately $200,000 are uncommitted funds. Under the existing IGA, these funds must be spent by the end of 1999. i:\citywidelsum\geenspaccslGA.budgetl l CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council /FROM: Jim Hendryx //11>! DATE: 6/7/99 SUBJECT: Greenspaces IGA Amendments Clarification Agenda Item # 8 At its May 11, 1999, meeting, Council considered options for the expenditure of approximately $200,000 in uncommitted Greenspaces local share funds. Staff recommended earmarking these funds for Fanno Creek trail construction and natural area restoration along the trail route. At the hearing, a citizen testified in support of the acquisition of a Greenspaces candidate site previously considered by Council in executive session. This site is a one-acre parcel located along the southern edge of the City's Cache Creek. In response to this testimony, Council postponed consideration of the IGA to its June 8th meeting and delegated Councilor's Hunt and Scheckla to tour the site with the citizen and report back with a recommendation to the full Council. The site visit took place on May 27th. After the tour, both Councilors indicated they intend to recommend against targeting the parcel in question. They will give an oral report on the site at the June 8th meeting. A copy of the resolution included in the May 11th packet earmarking the uncommitted $200,000 for trail construction and natural area restoration is attached. This option follows the staff recommendation included in the original packet. In addition to allocating the uncommitted $200,000 in Greenspaces funds, the revised IGA will allow the City to obtain reimbursement for the full cost of the previously acquired Cache Creek Park property. As required by Metro, the resolution identifies the exact purchase price of this property. For accounting reasons, the Finance Department wishes to obtain this money by the end of the current fiscal year. In order to meet Metro's deadline for fiscal year reimbursement, Council would need to act on the IGA at the June 8th meeting. Should Council not reach a decision regarding the IGA at the meeting, the City would receive reimbursement for the $345,025 Cache Creek purchase amount during the next fiscal year, after Council adopts a revised IGA. I/Irpn/d/hGAmeno AGENDA ITEM # FOR AGENDA OF May 11, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Greenspaces IGA Amendments PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council pass a resolution amending its inter-governmental agreement with Metro for the pass through of Greenspaces Bond Measure funds? STAFF RECOMMENDATION Authorize the Mayor to sign the resolution approving the IGA amendments listed in Attachment "A". INFORMATION SUMMARY The City's IGA with Metro for the pass through of local share Greenspaces funds expires 12/31/99. To date, the City has spent approximately $525,000 of its $758,000 entitlement, leaving approximately $233,000 in unspent funds. Two Fanno Creek Corridor land acquisition deals in the pipeline reduce the unspent amount to $200,000. Staff proposes a change to the current IGA that will allow the City to expend these remaining entitlement dollars in a timely manner. Staff proposes a third, bookkeeping-type, change related to the Cache Creek Park acquisition. The proposed changes are depicted in Exhibit "A". Last year, Council authorized the acquisition of 4.3 acres of Bull Mountain forest land as an addition to 7.5 acres of abutting forest land acquired by Washington County and conveyed to the City at no charge. The combined 12-acre natural area is now designated as Cache Creek Park. The attached resolution adjusts the City's Greenspaces budget allocations to reflect the purchase of the 4.3 acre piece. Specifically, the resolution transfers to the Bull Mountain target area $22,525 in funds earmarked for Fanno Creek Corridor acquisitions together with $43,500 in funds allocated for the Tualatin River Pedestrian Bridge Design. These adjustments will allow the City to seek reimbursement from Metro for the full $345,025 in purchase and other costs i associated with the acquisition in question. i i The current project list identifies $50,000 in local share funds for the Tualatin River Pedestrian Bridge Design. So far, a total of $6,500 of this amount has been expended or committed for feasibility and design work related to the project, with the City of Tualatin providing an equal amount. With the completion of the concept plan now in progress, no additional expenditures on this project are anticipated through the end of 1999. Staff 3 proposes that most of the balance of $43,500 set aside for this project be re-allocated for the Bull Mountain target area. The final IGA revision proposed is changing the scope of the Fanno Creek Corridor project to include trail construction and natural area enhancement. The original parameters of this project included only one element - the acquisition of land within the greenway corridor. Because the value of the floodplain that makes up the greenway is comparatively low and also because many owners have dedicated or have indicated a willingness to dedicate land or an access easement for a trail, the dollar amount needed for right-of-way acquisition is less than anticipated. Several creekside trail projects within the corridor are proposed for construction this year. Since trail construction is an eligible Greenspaces activity, including trail work as part of the Fanno Creek Corridor project would provide operational and standby projects, if needed, for the timely expenditure of the City's remaining Greenspace dollars. Identifying the corridor area as a whole for potential trail improvements, rather than specific trail segments within the corridor, will provide the flexibility needed to use funds for individual trail segments as they are ready to implement. Additionally, the City is in the process of acquiring two properties within the Fanno Creek Corridor that are highly degraded. Since restoration or enhancement of natural areas is an eligible Greenspaces activity, including restoration as another element of the Fanno Creek Corridor Project will provide additional flexibility with respect to the timely expenditure of City's Greenspaces funds. Approval of the proposed changes will allow the City to obtain reimbursement for the full cost of the Cache Creek Park purchase and also will provide options for spending down the City's remaining local share Greenspaces bond measure entitlement before the IGA termination date of 12/31/99. OTHER ALTERNATIVES CONSIDERED Council could reconsider two previously identified land acquisitions, a six-acre natural area located above Cook Park and/or a one-acre forest parcel abutting Cache Creek Park, both of which are still available. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth Management Goal #1 calls for accommodating growth while protecting livability, with natural resource protection identified as one of the action strategies listed under this goal. FISCAL NOTES Council previously approved the acquisition of the forestland in question. Revision of the official City project list to reflect this change will allow the City to seek reimbursement of the full $345,025 project cost from the City's Greenspaces set aside. The remaining Greenspaces funds available to the City are $233,000, of which $200,000 is uncommitted. Under the existing IGA, these funds must be spent by the end of 1999. is\ci*,Mde\s=\grewspacelGA.budget adj. •a• Bonn= Exhibit "A" City of Tigard Greenspace Project List and Budget Old New Tualatin River Tracts 25,000 - Fern Street Forest Parcel 125,000 - Fanno Creek Trail Corridor 279,000 [-22,525] 256,475 Bull Mountain Forest Area 279,000 [+66,025] 345,025 Tualatin River Pedestrian Bridge Design 50,000 [ -43,500] 6,500 Total 758,000 758,000 ]Arpin/dr/greenspace.list.1999 mum CITY OF TIGARD, OREGON RESOLUTION NO. 99- A RESOLUTION AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH METRO TO OBTAIN FUNDING FOR CERTAIN OPEN SPACE AND TRAIL ACQUISITION OR ENHANCEMENT PROJECTS PURSUANT TO THE LOCAL SHARE COMPONENT OF THE METRO OPEN SPACES GENERAL OBLIGATION BOND MEASURE. WHEREAS, On May 19, 1995, the electors of Metro, a metropolitan service district, approved a ballot measure authorizing Metro to issue $135.6 million in bonds for open space, parks, trails, and streams (the "Measure"); and WHEREAS, the Measure provided $25 million from bond proceeds be expended by local parks providers for specified projects; and WHEREAS, the City is a local parks provider that has received approval for funding for projects as specified by the Measure; and WHEREAS, the City and Metro entered into a contract to expend the pass-through funds to implement certain listed projects. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City's project list, which was submitted to Metro in September 1997, is hereby modified as set forth and attached as Exhibit "A". The modification is based on the following findings. A. The Council finds that the purchase price of the Cache Creek forest parcel located within the Bull Mountain target area exceeds the amount allocated for land acquisition within this area. The Council therefore wishes to transfer $22,525 in funds budgeted for land acquisition within the Fanno Creek Trail target area and $43,500 in funds budgeted for the Tualatin River Pedestrian Bridge Design to land acquisition within the Bull Mountain target area. B. The Council finds that the amount budgeted for the Tualatin River Pedestrian Bridge Design exceeds the amount needed to complete this project by $43,500. Council therefore wishes to re-allocate this $43,500 in surplus funds to the Bull Mountain target area. C. Council finds that the Fanno Creek Trail Corridor project earmarks funds for the acquisition of land within the trail corridor. Council finds that the restoration and enhancement of disturbed areas and the construction of trails are eligible activities under the Greenspaces Bond measure. Council therefore wishes to modify the parameters of this project to include natural area restoration and trail construction as elements of the Fanno Creek Trail Corridor project. Council also wishes to extend RESOLUTION NO.99-_ Page 1 N-1101M Millililll=i the northern boundary of the project area from Tiedeman Avenue to Tigard Street. This new boundary replicates the boundary of the Fanno Creek Trail Corridor Regional Target Area. D. The Council finds that a public process identical to the process used to select the initial sites was used to recommend the modification. The City Council considered the modification at its regular meeting on May 11, 1999. E. The Council finds that the modification has been discussed with and received tentative approval from Mel Huie, Local Share Coordinator of Metro's Regional Parks and Greenspaces Department. F. The Council acknowledges the modification to the list will not increase Metro's financial obligations under the existing intergovernmental agreement. PASSED: This day of 1999. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard i;\cirywide\greenspacelGA.amend.doc RESOLUTION NO.99-_ Page 2 Ceshe Creek N 'Qo I . v Hanson S~Rps Properly ~Ro COLONY PL w x Q o Sy, cp~pti -ni Y CT J o_ z RD ~ v opment i i i i III-min Se+ <--JLjP N +0 &llz fqrl AGENDA ITEM # FOR AGENDA OF 6/8/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Pacific Ride Inc. Re guest to Use City Pro a for Priv a Wetlands Mitigation PREPARED BY: Duane Roberts DEPT HEAD OK ~/TY MGR OK L- ISSUE BEFORE THE COUNCIL Should Council allow Pacific Ridge and the Specht Company to use City property for private wetlands mitigation? STAFF RECOMMENDATION Staff recommends Council approve the request subject to the conditions listed in the staff report. INFORMATION SUMMARY Pacific Ridge and the Specht Company have submitted a joint request to use city parkland to mitigate for the wetland impacts of the Autumn Crest and Tigard Triangle projects, respectively. The proposed mitigation sites are five small areas located within Fanno Creek Park just behind city hall (see map attached). In June 1996, Council adopted a formal policy addressing the use of City property for private wetlands mitigation. The attached submittal prepared by the applicant's wetland consultant addresses these criteria. The propose mitigation plan is consistent with the Fanno Creek Master Plan, which calls for the majority of the park area to be a nature preserve. According to the plan, the natural vegetation and habitat areas are to remain undisturbed or altered to improve their natural character and ability to support the area's wildlife inhabitants. If properly implemented, the proposed planting plan will improve the park's natural character. The applicant's final mitigation plan has been reviewed and endorsed by the Operations and Engineering Departments. Staff recommends the city impose a charge of $14,740 for the use of the land. This amount is based on the $20,000 per acre rate recently charged by the Tigard-Tualatin School District in two recent cases for the use of school property for private wetlands mitigation. The rationale for charging Pacific Ridge and the Spect Company a fee for a project that will provide a positive benefit is that the demand for mitigation sites in the Portland area is high and, based on recent information, the prevailing private-sector rate for the use of land for wetland mitigation appears to be in the $20-30,000 range. Patricia Uber, the applicant's wetland consultant, will be present at the Council meeting to overview the mitigation plan and respond to any questions Council may have. ~~WAWANNME~~ '101011=11MINIMI mmmi OTHER ALTERNATIVES CONSIDERED Do not allow the applicants to mitigate on City property, and instead preserve the sites for future City mitigation use as needed. Charge the applicants at a lower or higher rate than the proposed $20,000 per acre for the use of city property. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The proposal addresses Growth and Growth Management Goal #1, which calls for protecting natural resources, and Urban and Public Services Goal #2, which calls for citizen education aimed at wetland protection. FISCAL NOTES Staff proposes the city charge the applicant $14,740 for the use of city property. i Acirywide\sum\paci6cridge.sum CITY OF TIGARD Community Deve:opment Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx DATE: 7/14/98 SUBJECT: Pacific Ridge and Specht Development Request to Use City Property for Private Wetland Mitigation Pacific Ridge, Inc. and the Specht Development submitted a request to use city greenway along Summer Creek for the off-site mitigation of an upstream commercial project that will disturb 9,200 square feet of wetlands. The proposed mitigation site abuts the proposed city wetland enhancement at 121st Avenue. The proposed enhancement project covers approximately 0.74 acres and includes the removal of existing areas of Reed Canarygrass and its replacement with native riparian and wetland species. Long Range Planning, Engineering, and Operations have reviewed the plans for the project and recommend Council approval of the project as designed In June 1996, Council adopted a formal policy addressing the use of city property for private wetlands mitigation. The policy stated as follows. It is the policy of the City of Tigard that city owned property may be used for private wetlands mitigation. The City of Tigard will consider proposals for such mitigation on a case by case basis subject to the following: 1. It can be demonstrated that there is benefit to the city and the general public. 2. The mitigation must provide a documented physical enhancement of existing wetlands. MINI 3. The city should be compensated for the use of the area either through rent, lump sum payment, benefit to the city, or as agreed to by the City Council. 4. The wetland mitigation should demonstrate no additional cost to the city for maintenance or other factors unless acceptable to the City Council. The present proposal addresses these criteria in the following ways. The proposal calls for the removal of noxious vegetation within five small areas of Fanno Creek Park, all located behind city hall and its replacement by native species. This work implements the recommendations included in the Fanno Creek Master Plan. The mitigation under discussion is a physical enhancement of the existing wetland. Replacement of the monotypic area of Reed Canarygrass by diverse native species will improve the water quality and wildlife habitat value of the wetland and riparian area. To compensate for the use of city-owned greenway staff recommends the city charge a fee of $14,740. The applicant's proposal does not offer a cash contribution to the pity. However, the imposition of the proposed fee at the indicated rate is warranted based on the prevailing market value of mitigation sites. As for the fourth and last criteria, the project will not obligate the city in any way. The initial project and any additional work and maintenance, including plant replacement, ordered by the Corps of Engineers or the Division of State Lands, will be provided by the applicants. Staff finds that the wetland enhancement proposal satisfies the criteria relating to the use of city- owned property for private wetlands mitigation and recommends Council approval of the applicant's request, subject to the following conditions: 1. The applicant shall obtain a city sensitive lands permit and all other necessary permits and approvals required for the work. 2. The applicant shall obtain a street-opening permit issued by the city Engineering Department. 3. The applicant pay to the city the amount of$14,740. The proposed approval conditions will protect the city's interest by providing for city oversight and inspection and for the bonding of the excavation portion of the work and by capturing the market value of the land for private wetlands mitigation. SCHOTT & ASSOCIATES Ecologists & Wetlands Specialists 11977 S. Toliver Rd. o Molalla, OR 97038 S (503) 829-6318 • FAX: (503) 829-3874 AUTUMN CREST &a TIGARID 'T'RIANGLE WETLAND MITIGATION SUPPORT DOCUMENT INTRODUCTION The proposed mitigation is for two different projects and developers. Pacific Ridge existing permit requires off-site mitigation for a water quality facility, which was built on property it is developing off Scholls Ferry Road. Spect Development, Inc. needs off-site mitigation for its Tigard Triangle Office Complex. The Spect development proposes to culvert approximately 230 linear feet of an ephemeral drainage and a 35 square foot emergent wetland associated with the drainage. The mitigation will be implemented as one mitigation project. Pacific Ridge will be responsible for implementation of the mitigation area, and its monitoring. Spect Development will pay Pacific Ridge its proportion of the mitigation costs. The mitigation area is located on City of Tigard Property, which is located behind City Hall. The mitigation area is on Phano Creek, west of SW Hall Blvd. The city property was examined for potential mitigation areas, and approximately 10 different areas were identified as potential enhancement areas. The areas identified are existing low quality wetlands. All of the areas are dominated by reed canary grass, and are adjacent to either Phano Creek, or a body of water associated with;*. MITIGATION Five different areas along Phano Creek and its flood plain area proposed for wetland enhancement. All of the areas consist of low quality emergent wetlands. The mitigation areas are designed to convert the emergent wetland into more diverse scrub-shrub/forested wetlands. The reed canary grass will be treated with an EPA approved herbicide for use in and around water (Rodeo) prior to planting. The intent of the herbicide application is to knock back the grass until the trees and shrubs have had a chance to establish. After the grass had been browned the trees and shrubs will be planted. A 30" diameter circle will be scalped around each planting location. A three inch thick layer of bark mulch will be spread around each planted tree and shrub. This j will further help control the reed canary grass. Five different areas will be enhanced within the same general vicinity. Areas A, C and D (0.604 Acres) will be used for Pacific Ridge mitigation. Areas B and E (0.133 acre) will be used for the Tigard Triangle mitigation. The amount of mitigation for Pacific Ridge meets the amount of mitigation original proposed by Pacific. Ridge on the Summer Creek mitigation project being developed by the City of Tigard. The amount of mitigation proposed for the Tigard Triangle project is nearly at an eight to one ratio. MONITORING A five year monitoring period is required for the wetland mitigation and buffer areas by the Oregon Division of State Lands and the Army Corps of Engineers. The monitoring will insure successful development of the wetland and associated buffer. If problems with the mitigation area develop contingency measures will be developed to correct the problems. There are numerous factors which could impact the development of the mitigation area, these include but are not limited to; establishment of unwanted plant species, incorrect hydrology, predation on the planted plants, disease, etc. The monitoring will attempt to identify any problems and their causes, and make recommendations on corrective measures. The corrective measure will be implemented by the landscape contractor. A monitoring report will be prepared after the growing season. The report will document the establishment of planted shrub and tree species, The hydrological conditions of the wetland mitigation area, the ground cover in the wetlands, identify any observed problems, and suggest corrective measures. The report will be sent to the Oregon Division of State Lands, the Army Corps of Engineers. After each'site visit the landscape contractor will be contacted, and given instructions on what measures need to be implemented. If necessary, a site visit with the landscape contractor will be arranged to show him the problems and go over corrective measures. An eighty percent survivorship for each woody species planted is the goal by the third year of monitoring. This will be determined by counting the established trees and shrubs by species and then dividing by the total number planted. This fraction is then multiplied by 100 to obtain the percentage. Canopy coverage of herbaceous vegetation will be estimated by using 10 one square yard microplots. Area a will have four microplots randomly located, Area B will have one, as will areas D and E, Area C will have two microplots. By the end of the third growing season an eighty percent ground coverage is anticipated. Finally, fixed photopoints will be established, and photographs taken each monitoring year. Locations of the photopoints will be determined in the field, and then marked on a map. The location will depend on visibility of the mitigation areas. CONTINGENCY MEASURES As stated above, it is impossible to predict what may go wrong with a mitigation project, but there are some general areas which can be addressed. Specific contingency measures will be developed, if needed, during the five year monitoring effort. Possible problems are identified below. Inva,cion by exotic species Selective grubbing or herbicide treatment Survivorship of planted species Area too wetland for planted specie Replant with a more wet tolerant specie Area too dry for planted species Reptant with a species which grows in drier conditions Insect damage Determine type of insect and use systemic or biological control MAINTENANCE During the period of the required monitoring the maintenance of the mitigation area will be maintained by the landscape contractor who had the contract to plant the mitigation area . They will be instructed on what needs to be done within the natural area by the biologist who has the monitoring contract (Schott & Associates). A follow up inspection visit will occur by the biologist to insure the corrective measures have been implemented. The landscape contractor will be required to inspect the mitigation area for unwanted plant species, and control them. The following is a list of species that the contractor will be required to control or remove; Canadian thistle English Ivy, Evergreen blackberry Himalayan blackberry, holly, Scots Broom, teasle It is anticipated that after the first three years of monitoring that control of these species will prove to be a relatively simple matter. Control measure may include, but are not limited to grubbing, cutting and selective herbicide treatments. Blackberries may be controlled with an appropriate herbicide. Reed canary grass should be controlled by application of Rodeo, an EPA approved herbicide for use in and around water. Control of Scots broom, English ivy and holly may be most effective accomplished by grubbing and cutting. If the landscape contractor has had prior success, or has knowledge of herbicides which are effective on these species, he may use them. Herbicides should be used selectively, and only applied by a licensed applicator. They should be applied only to individual plants, in order that other species are not harmed. Herbicide application shall be by manual "spot spraying", wicking, or backpack methods as per manufacturer's specifications. Herbicide use in waterway areas shall be subject to approval and be strictly applied by manufacturer's specifications. 1111111111ME =J Selective hand removal by non-herbicide methods shall be utilized if herbicide application threatens native plantings. All native plantings indicating damage by herbicide application shall be replaced immediately at no additional cost. IN III FIGURE 2 Planting Plan Detail Key Scientific ]Name Common ]Name Specifications Quantity Amelanchier alnifolia Service Bevy 24" 82 Cornus Sericea Red Osier 24" 604 Rosa nutkana Nootka Rose 36" 286 Spiraea dougiasii Douglas Spiraea 24" 612 Symphoricarpos alba Snowberry 24" 277 Crataegus Douglasii Black Hawthorn 36" 4 Fraxinus latifolia Oregon Ash 36" 2 Prunus virginia Choke Cherry 36" 1 Salix lasiandra Pacific Willow Cuttings 6 Y : si a d►. s. I i~ ~ _~1„ ~.1 xti~` y. E e. AAk i awl 14ALL fl ~t i v 4 Y K C 1997 Metro aerial photograph showing approximate locations of proposed mitigation wetlands at Fanno Creek Park, Tigard, Oregon. Proposed mitigation wetlands to compensate for wetland impacts at Autumn Crest and Tigard Triangle development projects. NINE _rr~ ~y~>. __r...,... ._......,_~_._..Y.1....Y.._..~......_.._.,... ~~~~_~_„_.u_.,...._~..:~_........._:'.u.,.SSU..,..~L,.._.._..._._.~..._.,a..:.'.'.....i2^.,....:el~_-._......i.~..u._.... ~dei~.,~.~.._~i:.l.l..,~..._..~~~..__.~c ..;'.~.f.,_~1..... ~i.:..t..- i F> X X p tso „i C.B. X 149.5 a 1 BR. ' IN, e BR. /40 BR. .00 136.4 x. X 139.6 k 7 J ;;f V BR. 0.050 i BR. 42.3 x 137.2 .06q BRUSH N C 0.1 7Z BR ti 0.332- BR F x 141.9 X 13s.1 l c "T { F a~!\ ` $k l ` \ 142.6 a q \ 14 SR BR. 1 ~ !50 x f z x 1 X"~ f I iS I I I I1 t`~'~\. i x x - FIGURE 1 Mitigation Enhancement Design SCalf 1:1200 1"= ICU' ~n, It IN i0 0 100 200 300 AN 3001[11 CJ ~ a 50 a0 30 20 i0 0 50 100 130 METER i I. ; M) t 00 4 x x ! /so x 4:00 Coco r z 148.4 I 1 s.P © `50 - _ 1' SCHOT lC & ASSOCIATES Ecologists & Wetlands Specialists 11977 S. Tollver Rd. s Molalla, OR 97038 ® (503) 829.6318 • FAX: (503) 829-3874 April 28, 1999 Duane Roberts Planning Dept. City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Pacific Ridge Wetland Mitigation Proposal for Fanno Creek Park at City Hall. Dear Mr. Roberts: In a letter you addressed to Craig Petrie, dated 11/21/98, you requested additional information for a proposed wetland mitigation plan he submitted for Fanno Creek Park last November. Below is additional information required by city staff in order to evaluate and present the proposal to City Council for formal action. Also enclosed is a revised mitigation plan. The base map used for this revised plan is the Kurahashi & Assoc. map which you referred to in your letter to Craig Petrie. I have also included a copy of a 1997 aerial photograph of the project area. The approximate location of the mitigation areas are identified on this photo. Below, I have listed and responded to the pertinent policy, code, planning, and management issues that related to the wetland mitigation project in Fanno Creek Park at City Hall. • City Council's 1996 Policy - Use of city property for wetland mitigation. (Exibit "A") Approval criteria. 1. It can be demonstrated that there is a benefit to the City of Tigard and the general public. Response: This project is consistent with the master plans that have been adopted by The City for Fanno Creek Watershed and Fanno Creek Park. 2. The mitigation must provide a documented physical enhancement of existing wetland. Response: The enclosed aerial photograph identifies the approximate location of the proposed mitigation wetlands at Fanno Creek Park. As seen on this photo, the mitigation areas are located in unforested areas. Existing vegetation consists of reed canary grass and Himalayan blackberry. These undesirable, invasive species will be replaced by native wetland species. The existing low-quality wetland communities will be replaced by shrub-scrub and forested wetland plant communities. 3. The City should be compensated for the use of the area either through rent, lump sum payment, benefit to the city, or as agreed to by the City council. Response: All expenses for the enhancement project will be covered by Pacific Ridge, Inc. Expenses for the project include clearing of undesirable vegetation, planting, irrigation, monitoring, maintenance, and weed control. The standard estimated cost for mitigation wetlands is $35,000/acre. 4. The wetland mitigation should demonstrate no additional costs to the City for maintenance or other factors unless acceptable to the City Council. Response: As stated above, Pacific Ridge will assume the entire cost of the project. The enhancement area will be monitored and maintained by Pacific Ridge for five years, after which time it is presumed that the plantings will be well established. • Community development code - Standards and Specifications for Riparian Area Management. (Appendix "M") This code includes provisions for wetland enhancement programs, non-native vegetation removal, and planting of native plant species, activities of which are included in this proposed project. Provisions A-F: A. All necessary and applicable permits required to perform the activities shall be obtained from other agencies including the Oregon Division of State Lands and Us Army Corps of Engineers. Response: Permits have been granted for this project by Oregon Division of State Lands and the US Army Corps of Engineers. B. All proposed activities shall comply with the regulations for wetlands and streams adopted by the Unified Sewerage Agency (USA). Response: This mitigation project does not allow material, construction debris, runoff, etc. to enter the creek, and therefore is not regulated by USA. The project is consistent with USA's enhancement goals for the Fanno Creek Watershed. e C. The proposed activities shall be consistent with detailed management actions contained in the Fanno Creek Watershed Plan. Response: The proposed activities are consistent with the proposed riparian enhancement projects outlined in the Fanno Creek Watershed Management Plan. The watershed plan summarizes the condition of the reach in the area of City Hall as follows (Table 12): bank/bed erosion - moderate percent native plants - 25 percent shade - 0-50 amount of woody debris - low habitat value - low overall condition - poor-fair. To improve the water quality, flood management, channel stability, and habitat, the plan specifically recommends planting native vegetation in the riparian corridor of this reach (Table 17B). By creating shrub/scrub wetlands and riparian woodlands through the planting of native shrub and tress species, this project will help meet the goals of the Watershed Plan. . Consistency with design recommendations included in the " Fanno Creek Park Master Plan". Included in the objectives of the Master Plan is "preservation of the natural habitat corridor". The Pacific Ridge project will not only preserve, but also enhance the natural habitat corridor. The Park Plan shows wooded areas within and near the boundaries of the enhancement project areas. The design of the enhancement areas include plantings of shrub-scrub and tree species. m Address any work expected on the city's part. Pacific Ridge will monitor and maintain the mitigation areas for 5 years after planting. Maintenance will include irrigation when needed, removal of weeds, and replacement of damaged and dead plantings. o Will proposed project adversely affect the trees located along the creek? The proposed mitigation areas are outside the areas where trees were recently planted. The mitigation areas are located where there are currently no trees growing. See enclosed aerial photograph. 1111112 NOR= aswmv~~~ ' d Q , o Response to park maintenance supervisor's comments. We agree with the supervisor's blackberry control methods. Pacific Ridge will be responsible for grubbing blackberries from the enhancement areas for a period of five years. Herbicides will not be used for controlling the blackberries. Please let me no if there is any further information the City Council may require for formal action on this proposal. I can be reached at 293-6150. Sincerely, atricia U er AGENDA ITEM # ~Gg FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington County and Intel Corporation Tentative Agreement on a Strategic Investment Program Application PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Washington County and Intel Corporation have reached a tentative agreement on a strategic investment program application. Council has an opportunity to provide input to the decision. The question before Council is what, if any, input Council wishes to provide at either a community forum on June 9, 1999 or a joint public hearing on June 15, 1999. STAFF RECOMMENDATION Staff recommends that the City Council review the tentative agreement that creates an alternative tax structure which would encourage Intel to invest up to $12.5 billion dollars in Washington County over the next 15 years. Washington County staff has provided materials that answer a series of questions regarding this innovative program. Please note that should the agreement be adopted, Intel's payments for property taxes and in-lieu fees would increase by approximately $7.35 million dollars in (current dollars) over each of the next 15 years for an estimated increase for local government services of the price of the $110.4 million dollars. INFORMATION SUMMARY Since March Washington County and Intel Corporation have met to discuss Intel's application for an alternate property tax program under Oregon's strategic investment program "SIP." The program was authorized by the 1993 state legislature to increase Oregon's ability to attract capital-intensive industry, particularly high technology firms. Through the negotiations, Intel has agreed to increase it's contributions for local government services in Washington County by an additional $110.4 million dollars over the next 15 years. The alternative tax structure encourages Intel to invest up to $12.5 billion dollars in it's Washington County facilities over the next 15 years. OTHER ALTERNATIVES CONSIDERED Take no action. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES None I:\ADM\JESSICA\CORRESPO\ITEMSUMFORBI LLINTEL. DOC ''`1x71` ~ WASHINGTON COUNTY cm May 26, 1999 OREGON Mayor Jim Nicoli City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mayor ' 01i: Later today it will be announced that a review team comprised of representatives of Washington County and the Intel Corporation have reached a tentative agreement on a proposed Strategic Investment Program application. The agreement would generate millions in new payments for key public services, while encouraging Intel's investment of $12.5 billion in its local operations over the next fifteen years. Because of your interest in this matter, I have asked that the attached materials be forwarded to you. Now is the time for the terms of the proposed agreement to undergo the scrutiny of the citizens of Washington County and eventually the full Board of Commissioners. As members of the County's review team, Commissioner Roy Rogers, County Administrator Charles Cameron and I have worked hard to represent the interests of all county residents. We recognized the significant role that Intel plays in the economic health of the county and state, but also felt it was essential that they contribute in a fair manner to the public services that we all enjoy. Were we successful? I believe so, but more importantly I am very interested in hearing from you. I would invite you to review the attached press release and Q&A about the proposal. Then, join the other Commissioners and me for a second Intel Community Forum on June 9 from 7:30- 9:00 p.m. in the cafeteria of the Public Services Building, 155 N. First, Hillsboro. If you can't attend in person, the forum will be aired live on cable beginning at 8:00 p.m. on TCI-Tualatin Valley, Ch. 6 and TCI-Portland, Ch. 53. On June 15 the proposed agreement will be considered for approval in a joint public hearing before the Washington County Board of Commissioners and the Hillsboro City Council. This meeting is scheduled for 6:30 p.m. in the auditorium of the Public Services Building. I hope you will attend and participate. If you are unable to attend one of these meetings, please use the County website (www.co.washington.or.us) to comment on the proposed agreement, or send a letter to the Board of Commissioners, 155 N. First, Suite 300, Hillsboro, 97124. Thank you for the interest you have taken in this very important issue. I'1) be interested to hear your response to the proposal. Sinc er ely, r- ~r 11 IVA Tom Brian 64)- Chairman Attachments V3A Hoard of County Cominioaionera 155 North First Avenue, Suite 300. MS 22, Hillsboro, OR 97124-3072 phone: (503) 648-8681 • fax: (503) 693-4545 • May 26,199 Intel SIP 199 Q&A A tentative agreement has been reached with the Intel Corporation concerning its request for an alternate property tax structure under Oregon's Strategic Investment Program. A community forum on June 9 and public hearing on June 15 will provide citizens an opportunity to ask questions and comment on the proposal to the Board of County Commissioners. This Q&A provides background on the proposed agreement. What is the Strategic Investment Program (SIP)? The Strategic Investment Program (SIP) was authorized by the 1993 Legislature to increase Oregon's ability to attract capital-intensive industry, particularly high-technology firms. What does Oregon law require from a Strategic Investment Program (SIP) applicant? Projects approved for the SIP must pay full property tax on the first $100 million of their investment. An annual Community Service Fee equal to 25% of abated taxes, up to $2 million, must also be paid. Additional fees can be negotiated. What does the proposed agreement between the County and Intel accomplish? It creates an alternative tax structure that would encourage Intel to invest up to $12.5 billion in its Washington County facilities over the next 15 years. What impact would the agreement have on Intel's property tax bill? The proposed agreement would increase Intel's payments for property taxes and in-lieu fees from $12 million in 1998 to an average of $19.35 million (current dollars) over each of the next fifteen years. What is the expected total cost of this agreement for Intel? Over fifteen years, the proposed agreement would increase Intel's payments for local government services by an additional $110.4 million. How does this amount compare with what is required by state law? The agreement would require Intel to pay more than twice the amount required by Oregon law. The law requires payments on the first $100 million in new value and an annual Community Service Fee equal to 25% of abated taxes, up to $2 million. It also provides the option of negotiating additional fees, which the County has done. t May 26,199 The proposed agreement calls for Intel payments over 15-years based on its anticipated investment. The anticipated payments are as follows: Full tax on the first $100 million $23.9 million Community Service Fee $27.4 million Subtotal $51.3 million* *Total required per state law Additional Guaranteed Payment $28.9 million Additional equivalent tax on building, land, and equipment $30.2 million Total: $110.4 million How secure is this level of funding? The $110.4 million in payments is based on Intel's estimated schedule of investment. A portion of the payment is guaranteed, regardless of Intel's investment plans. A second level of payment is virtually certain, because it is tied to the first $100 million of investment and the Community Service Fee. A third tier would be driven by the extent of Intel's total annual investment over the 15-year agreement. ® Guaranteed annual payments $28.9 million Obligates Intel to this amount over the 15-year period regardless of actual investments. ® Required SIP payments $51.3 million Reflects full property taxes on the first $100 million investment and the annual Community Service Fee as required by State law. ® Performance-based payments $30.2 million Assures full property tax collection on all new buildings and land, and a reduced rate on equipment. Estimated total payments over 15 years: $110.4 million 2 ' May 26, 199 How will Intel be taxed? The proposed agreement requires that Intel's annual payments reflect the full WWI tax value of all new buildings and land, and a reduced value for equipment. What impact will the proposed agreement have on Intel employment? The proposed agreement focuses on workforce retention. Significant new employment is not anticipated. What role does limited employee growth play in the proposed agreement? It is key. The fact that Intel is combining a $12.5 billion investment and a focus on job retention, not new employment growth, means new impacts should be minimal to schools and public infrastructure (roads, sewers, water systems, etc.). What if Intel grows more than it expects under this agreement? Employee growth directly attributable to the SIP agreement is projected to be less than 1,000 new jobs (9% of the current Intel workforce) over 15 years. If Intel exceeds this amount, it must pay a growth impact fee of $1,000 per additional employee per year. How would Intel's annual property tax and in-lieu payments under the agreement compare with what it currently pays per employee and per square foot? As seen below, Intel's payments would increase. Payments Payments Per employee Per Sq. Ft. Intel 1998 Average $1090 $3.06 Intel Average including 1999 SIP Agreement $1835 $4.15 3 r. May 26, 199 When contrasted to other businesses, how would Intel's annual property tax and in-lieu payments per employee Compare on average? Intel's average annual payment per employee ($1835) would be three times the Washington County average ($604). Currently, Intel's payment per employee is slightly less than two times the average. How would Intel's payment per employee and per square foot compare to other key Washington County employers? Payments Payments Per employee Per Sq. Ft. Intel Average Under SIP Agreement $1835 $4.15 Average Payments (1998) Nike $929 $1.75 Sequent $865 $1.92 Merix $479 $2.66 Resers $590 $ .80 Stimson $969 $ .80 Washington County Average (1998) $604 Washington County Average Home (1998) $ ,97 4 May 26,199 What are the next steles in the decision-making proces7,,,,.n. A R.. is erhs:olrnled for Temp 9 from 7.30-9P.M.. the Ornlll rl!{~y i ~saaa a•a •avaavwwav. h N. cafeteria of the Public Services Building, 155 N. First, Hillsboro. Members of the County and Intel negotiation teams, as well as Washington County Commissioners, will be on hand to highlight the key elements of the proposed agreement, answer questions and listen to comments. On June 15, the proposed agreement will be considered in a joint public hearing before the Washington County Board of Commissioners and the Hillsboro City Council. This meeting is scheduled for 6:30 p.m. in the auditorium of the Public Services Building, Public testimony is welcomed. Can I pass along my comments and questions without attending one of the scheduled meetings? You can comment on the proposed agreement via the County's website (www.co.washington.or.us) or by sending a letter to the Board of Commissioners, 155 N. First, Suite 300, Hillsboro, 97124. All opinions received prior to the June 15 meeting will be conveyed to the Board for their consideration. 5 ONE WASHINGTON COUNTY OREG3ON May 26,1999 For Immediate Release Walt Peck, Communications Officer 648-8685; Pager: 955-2385 waitpeck(aco.washington.or.us Washington County and Intel Reach Tentative Agreement Proposal increases Intel's tax payments and encourages $12.5 B Investment A review team composed of representatives of Washington County and the Intel Corporation have reached tentative agreement on a proposal that would generate millions in new payments for key public services, while encouraging Intel's investment of $12.5 billion in its local operations. A Community Forum on the tentative agreement will be held June 9. The Board of County Commissioners will conduct a public hearing and consider the proposed agreement on June 15. The review of Intel's request began in early March when Intel applied for an alternate property tax structure under Oregon's Strategic Investment Program (SIP). SIP was authorized by the 1993 State Legislature to increase Oregon's ability to attract capital-intensive industry, particularly high-technology firms. "We accomplished exactly what we set out to do," said the County's lead negotiator, Commission Chair Tom Brian. "This proposal helps ensure Intel and Washington County's competitive economic edge for years to come, while also requiring a major financial investment by Intel in the public services that they enjoy along with the rest of the community." Over fifteen years, the proposed agreement is expected to increase Intel's local government payments by an additional $110.4 million. On an annual basis, the company's bill for property taxes and in-lieu fees would increase from its current $12 million to an average of $19.35 million. When considered against its permanent work force of 10,900 employees, Intel's annual payments would increase from $1090 per employee to $1835, or three times the average of other Washington County businesses ($604). Intel's investments would emphasize an ongoing schedule of retooling for its Washington County facilities. A focus on workforce retention, rather than new job growth, should mean minimal impacts to schools and public infrastructure (roads, sewers, water systems, etc.). Over the 15-year life of the SIP agreement, if Intel adds more than 1,000 new manufacturing jobs (9% of the current Intel workforce), the tentative agreement requires that it pay a growth impact fee of $1,000 per additional employee per year. "Given the huge ripple effect that Intel has on the economy of our region and the rest of the state, this proposal means job security for thousands of Oregonians without new headaches sometimes associated with growth," said Brian. "Whether you're a taxpayer, an Intel employee, small business owner, or concerned about environmental and, growth issues in Washington County, this proposal responds to your concerns. " County Administrative Office 155 North First Avenue, Suite 300, MS 22; Hillsboro, OR 97124-3072 ph (503) 846-8685 • fax (503) 846-4545 r7aueestions ommunity Forum is scheduled for June 9 from 7:30-4:00 p.m. in the cafeteria of the Public Services lding, 155 N. First, Millsboro. Members of the County and Intel review teams and the Washington nty Commissioners will be on hand to highlight the key elements of the proposed agreement, answer and listen to comments. nz forum will also be aired live on cable beginning at 8:00 p.m. on TCI-Tualatin Valley, Ch. 6 and TCI-Portland, Ch. 53. On June 15 the proposed agreement will be considered for approval in a joint public hearing before the Washington County Board of Commissioners and tiiii~ Hillsboro City Council. This meeting is scheduled for 6:30 p.m. in the auditorium of the POilic Services Building. Public testimony is encouraged. Individuals unable to attend one of these meeting are invited to learn more and comment on the proposed agreement via the County's website (www.co.washington.or.us) or by sending a letter to the Board of Commissioners, 155 N. First, Suite 330, Hillsboro, 97124. All correspondence received prior to the June 15 meeting will be conveyed to the Commissioners for their consideration. For Intel comment, contact Bill MacKenzie, Public Information Manager, 264-1330, bill.mackenzie@intel.com j f MEN= 1ttv,n - ~ f b ~j. Teel x~k l.1x►c~ ~ ~ earv Lv~- q -e-Ct TOW d P.O. Box 1928 Lake Oswego, OR 97035-0018 p ® 4550 SW Kruse Way, Suite 300 Lake Oswego, OR 97035 TEMPORARY SERVICES SINCE 19471 Ph one: (503) 635-2900 Fax: (503) 635-9447 June 4, 1999 Tigard City Council 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: 69th and Franklin Ave. LID Sidewalks Location Dear Council, 0 We are the owners of a new building currently under construction in the Tigard Triangle on the corner of 69th and Franklin. We have just learned that our sidewalks will not be consistent with the rest of the block in that they will not be adjacent to the street curb. We are in complete agreement and support of Jim Corliss of Land Mark Fords' letter to the City Council on May 25th, 1999. We've enclosed copies of six photos of the site and adjacent property for you to review before next Tuesday nights meeting. We intend to be present at that meeting. In the meantime, If you have any questions, please feel free to contact us. Sincerely and Re pectfully, Peter J. z b Ian President "HELPING PEOPLE SUCCEED" Web Site: http://www.eostaffing.coni • E•Mail: tempinto®eostaffing.com i! ` i~~ I ,5 K, H r~ L~. . ;S' , t ~r.< •~4 ' ~ n 7 N. ~ 1~ { ~ j. ♦ s 1 j.q , s ` l i 1~, ~i~~•t hl, .iF t , Kxv,~ ~ s ~ 't tv_ ' ~ •qL i is s f `~i yt.~' ~ $ . ti• 1 i r ~`hr i . a`"+Q: z ~ `i''a[";" fir, rg 1 1 6 1°1 Y /ti' p. ,t,, its r~S s« ~ ~ 1 ~l. f .r 4 ~ ~t ~1 i 1 ~l ~ ~ ~ 4, s . "t ~~:."yr^:t. ~i :ti's#~" . .r-,_ 1 . o r _ - C~"'~r-~- -ir i " ~ i f1 - ~ _ J" r_ - ~