City Council Packet - 09/28/2010 II II
I
TIGARD
City of Tigard
TIGARD CITY COUNCIL
BUSINKSS ,VIKN;TING
September 28, 2010
COUNCIL M k H,TIN G WILL BF, TEL f--r',VISED
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13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard- or.gov
III City of Tigard
:: Tigard Business Meeting - Agenda
TIGARD
TIGARD CITY COUNCIL
MEETING DATE AND TIME: September 28, 2010 - 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223
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. Citizen Communication 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 503- 639 -4171, ext. 2410 (voice) or
503- 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
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead time as
possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling:
503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be
rebroadcast at the following times on Channel 28:
Thursday 6:00 p.m. Sunday 11:00 a.m.
Friday 10:00 p.m. Monday 6:00 a.m.
1 14 q City of Tigard
Tigard Business Meeting - Agenda
TIGARD
TIGARD CITY COUNCIL
MEETING DATE AND TIME: September 28, 2010 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223
6:30 PM
• STUDY SESSION
A. Discuss Intergovernmental Water Board Intergovernmental Agreement
B. Administrative Items
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property
transaction negotiations and for consultation with legal counsel regarding potential litigation under ORS
192.660(2) e and h. All discussions are confidential and those present may disclose nothing from the
Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(4), but must not disclose any information discussed. No Executive Session may be held for the
purpose of taking any final action or making any final decision. Executive Sessions are closed to the public.
7:30 PM
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Council Communications & Liaison Reports
E. Call to Council and Staff for Non - Agenda Items
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
7:40 p.m. (Time is estimated.)
A. Follow -up to Previous Citizen Communication
B. Citizen Communication — Sign Up Sheet
3. CONSENT AGENDA: (7:45 p.m. - Time is estimated.) (Tigard City Council) These items are
considered 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:
A. Approve Submittal of an Application for Community Development Block Grant Funds to Finance
Sidewalk Improvements on Frewing Street - Resolution No. 10-
B. Amend the Master Fees and Charges Schedule to Adopt a Flat Fee for the Installation of Prescriptive
Solar Photo- Voltaic Systems - Resolution No. 10-
• Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed firomz the
Consent Agenda for separate discussion will be considered immediately after the Council /City Center
Development Agency has voted on those items which do not need discussion.
4. PUBLIC HEARING - SUPPLEMENTAL APPROPRIATION AMENDMENT TO FY 2011
BUDGET: FORWARD FROM PRIOR FISCAL YEAR AND RECOGNIZE REVENUE
FROM AMERICAN RECOVERY AND REINVESTMENT ACT
7:50 p.m. (Time is estimated.)
• Open Public Hearing
• Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of
interest or abstention.
• Staff Report: Community Development Department
• Public Testimony
• Proponents
• Opponents
• Staff Recommendation
• Council Questions
• Close Public Hearing
• Council Consideration - Resolution No. 10-
5. CONSIDER ORDINANCE ADOPTING TUALATIN VALLEY FIRE & RESCUE ORDINANCE
NO. 10 -02 ADOPTING THE OREGON FIRE CODE AND REPEALING CITY OF TIGARD
ORDINANCE NO. 07 -18
8:05 p.m. (Time is estimated.)
• Staff Report
• Council Discussion
• Council Consideration - Ordinance No. 10-
6. LEGISLATIVE PUBLIC HEARING CONTINUED FROM SEPTEMBER 14, 2010 - CONSIDER
ADOPTING USE CLASSIFICATION DEVELOPMENT CODE AMENDMENT (DCA2010- 00004)
8:20 p.m. (Time is estimated)
REQUEST: The City of Tigard proposes to amend Community Development Code Chapter 18.130 in a
manner that redistributes and clarifies the descriptive nature of each use classification. Allowed,
restricted, or non- allowed uses are not being substantially affected with the exception of uses
categorized as Personal Services and Repair- Oriented- Retail. Proposed changes will also clarify the
distinction between primary and accessory uses. LOCATION: Citywide. ZONE: Citywide.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380 and
18.390; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9,
Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and 10. The proposed
amendments are available for review on the City's website at
http: / /www.tigard- or.gov/ city_ hall / departments /cd /code_amendment.asp.
• Continue Public Hearing
• Review Hearing Procedures: City Attorney
• Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of
interest or reason for abstention?
• Staff Report: Community Development Department
• Public Testimony
• Proponents
• Opponents
• Staff Recommendation
• Council Questions
• Close Public Hearing
• Council Consideration - Ordinance No. 10-
7. COUNCIL LIAISON REPORTS
8:40 p.m. (Time is estimated.)
8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to order, the appropriate ORS citation will be announced identifying the applicable
statute. All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(4), but must not disclose any information discussed. No Executive Session may be held for the
purpose of taking any final action or making any final decision. Executive Sessions are closed to the
public.
9. NON AGENDA ITEMS
10. ADJOURNMENT
8:45 p.m. (Time is estimated.)
1 ,4 n City of Tigard
Tigard Business Meeting - Agenda
TIGARD
TIGARD CITY COUNCIL
MEETING DATE AND TIME: September 28, 2010 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223
6:30 PM
• STUDY SESSION
A. Discuss Intergovernmental Water Board Intergovernmental Agreement
B. Administrative Items
• Review December Council meeting schedule. Poll to determine if Council members would like
to cancel one meeting and hold two business meetings.
• December 14 - Business Meeting
• December 21 - Workshop Meeting
• December 24 - Friday - Christmas Holiday Observed (City Hall offices closed)
• December 28 - Business Meeting
• Poll Council for preference for receipt of monthly board and committee meeting minutes --
online or paper copy?
• Council Calendar
• October 5 - Town Hall Meeting - 7 p.m. - Discuss room set -up with the City Council
• October 12 - Business Meeting (6:30 Study Session; 7:30 Business Meeting)
• October 19 - Workshop Meeting (6:30 p.m.)
• October 26 - Business Meeting
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property
transaction negotiations and for consultation with legal counsel regarding potential litigation under ORS
192.660(2) e and h. All discussions are confidential and those present may disclose nothing from the
Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(4), but must not disclose any information discussed. No Executive Session may be held for the
purpose of taking any final action or making any final decision. Executive Sessions are closed to the public.
AIS -159
Business Meeting
Date: 09/28/2010
Length (in minutes): 30 Minutes
Agenda Title: Discuss Intergovernmental Water Board Intergovernmental Agreement
Prepared By: Dennis Koellermeier, Public Works
Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study
Sess.
Information
ISSUE
Discuss changes the Intergovernmental Water Board would like to make to the Intergovernmental Agreement.
STAFF RECOMMENDATION / ACTION REQUEST
Participate in the discussion and provide direction to staff.
KEY FACTS AND INFORMATION SUMMARY
• The original Intergovernmental Agreements (IGA) between Tigard and the cities of Durham, King City and
the Tigard Water District were executed January 1994 and amended June 2006. The Durham IGA was also
amended December 1999. Tigard has an agreement with each city individually.
• This IGA addresses all the operational issues between the parties that compose the IWB.
• The Intergovernmental Water Board (IWB) proposes to to update the 1GA and combine all the agreements
into one agreement between the City of Tigard and the other Parties.
• The IWB has discussed the 1GA extensively and submitted the amended and restated IGA to Tigard staff.
• Tigard staff and the City Attorney have suggested further revisions dealing with operational issues, policy
issues previously considered by the Tigard City Council, and management of the future debt to be issued by
Tigard.
• The IWB will discuss the Tigard staff revisions at thier October 13th meeting.
OTHER ALTERNATIVES
Council could decide to not update the Intergovernmental Agreement and the Intergovernmental Water Board will
continue to operate under the existing agreements, or the Council could direct staff on revisions they would like to
include.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
None
Fiscal Impact
Fiscal Information:
• From an immediate budgetary standpoint, annual water revenues are stabilized by altering the reimbursement
methodology to a surcharge system.
• From a long-term asset management standpoint, changes in the agreement as amended and recommended by
staff:
• the LO - Tigard Partnership assets remain the property of the City of Tigard, which is consistent with
the IGA between LO and Tigard.
• detailed explanations and itemization of system assets as included in the agreement will minimize
future reimbursements to a departing partner, should that happen.
• The agreement clearly defines the role of the IWB on fiscal and operational issues as advisory only to the
City Council.
' Attachments
Intergovernmental Water Board Intergovernmental Agreement
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
BETWEEN DURHAM, KING CITY AND THE TIGARD WATER DISTRICT
AND THE CITY OF TIGARD
FOR WATER SUPPLY
7th Draft 8/27/2010
This Agreement is made and entered into under authority of Chapter 190, Oregon
Revised Statutes, by and between the cities of Durham and King City and the Tigard
Water District, an ORS Chapter 264 district ( "District ") and the City of Tigard ( "Tigard "),
all Oregon municipal corporations ( "the Parties "), in Washington County, Oregon. This
Agreement replaces those individual agreements entered between Tigard and each of
the other two cities and the District in or about 1993. This Agreement shall be effective
in its entirety upon execution by all of the Parties. Upon effectiveness of this
Agreement, those individual agreements entered between Tigard and each of the other
two cities and the District in or about 1993, and all subsequent amendments thereto
shall, by agreement of the Parties, be terminated and replaced by this Agreement.
RECITALS:
A. The three cities withdrew the areas included within their boundaries from the political
boundary of the District effective July 1, 1993. In consideration of their separate
contracts with Tigard for the operation and maintenance of a water supply to serve all
four Parties, Tigard granted to Durham, King City and the Tigard Water District (all
Parties other than Tigard being the "Served Parties ") an equitable interest in those
assets (described as "System Assets" in those contracts) located within the combined
service area. Water supply, storage and distribution facilities ( "System Assets ", as
further defined herein) were not divided between the cities and the District as provided
for by ORS 222.540 and instead, all such assets wherever located were pledged to the
use of the City of Tigard for the operation and maintenance of a single water supply,
storage and distribution system to serve all four Parties. All Parties now desire to clarify
the method to determine the value of those assets and the Parties' equitable ownership
interest in same and to establish the methods for valuation of both real and personal
property.
B. The Parties intend that Tigard continue to provide and be the Managing Authority of a
water supply system serving all Parties for the duration of this Agreement including use
of assets and facilities not within the combined service area that are owned by Tigard
and other entities that are not parties to this Agreement. All Parties agree that Tigard is
empowered to use any right of condemnation possessed by any of the Parties that is
necessary to provide water consistent with the terms of this agreement, and will take
any action necessary for Tigard to exercise that right upon the request of Tigard.
C. The combined area as shown on Exhibit 1 constitutes the Tigard Water Service Area.
The Parties desire to clarify the role of the Intergovernmental Water Board ( "IWB ") as to
those matters where its actions are advisory to Tigard.
Tigard Water Supply Agreement Page 1
In consideration of those premises as generally recited the Parties now AGREE:
1. Purpose and Scope.
1A. Tigard shall continue to furnish and maintain a domestic water supply, storage and
distribution system serving all Parties to this Agreement. All Parties pledge to the City
of Tigard, the use and benefit of all assets of that system, wherever located whether
inside or outside the Parties combined service area, as they now exist and hereafter are
constructed or accrue, for the duration of this Agreement as to each Party served. Each
Party's equitable interest in any and all System Assets located within the combined
service area shall be deemed held as an undivided common interest until the Party
terminates this Agreement or until the Agreement is dissolved.
1B. All other Parties delegate to Tigard the authority to enact water system rates and
charges, including systems development or connection charges, with the advice of the
IWB and as limited by state law, in such amounts as are necessary to maintain the
system for the benefit of all Parties. Any and all such rates and charges shall be applied
evenly to all customers in similar rate classes throughout the area now served by the
system and each Party agrees to enforce those rates and charges without exception
within that Party's political boundary. No Party may sell water provided under this
Agreement to a third party without the prior written consent of Tigard.
1C. Tigard shall enter into all contracts necessary or desirable to operate the system in
its own name. Tigard shall issue and make provisions for repayment of any and all
municipal revenue bonds or similar instruments issued to finance capital improvements
to the system and may pledge any and all system revenues for repayment of such
bonds or instruments. Tigard shall prepare and issue all statements and filings
necessary to issue such bonds and shall make all continuing disclosures regarding the
bonds or instruments as may be required by state and federal law or bond purchase
agreements. A served Party may not issue or contract for any debt that is to be secured
by any assets that are necessary to operate or maintain the water supply system.
1D. A served Party shall consider any request by Tigard to exercise powers of eminent
domain if needed to acquire property within that Party's political boundary for use for the
water supply system. A Party shall not unreasonably withhold its consent to such a
request. A Party may condition its exercise of such authority on Tigard's agreement to
pay all attorney fees and costs incurred in any such proceedings.
1F. Tigard may incur, without the consent of any other Parties, debt relating to the water
supply system, provided payment of the debt is fee, rate or charge based. If the debt is
to be paid for by means other than fees, rates or charges, Tigard must have approval
and consent of the governing bodies of all minus one of the Parties. Each Party shall
be liable for its proportionate share of any debt which has been incurred under this
section.
Tigard Water Supply Agreement Page 2
2. Term of Agreement.
2A. The term of this Agreement shall be perpetual. Any served Party may terminate this
agreement as between that Party and all other Parties by delivering written notice to the
other Parties not less than 5 years prior so as to allow the Parties to reconfigure the
supply, storage and distribution system serving the remaining Parties after any division
of assets that may result from such termination.
2B. Tigard may terminate this Agreement as to any served Party only for cause and
only after Tigard has served written notice to that Party of that Party's default as to a
material term of this Agreement and has allowed that Party not less than 30 days to
cure that default. On a Party's continued default Tigard may serve written notice of
termination to that Party not less than 5 years prior so as to allow that Party to arrange
for a replacement water source and supply system with Tigard or with another supplier.
2C. Tigard agrees to negotiate in good faith a wholesale water supply contract with a
terminating Party on that Party's request. Tigard and the terminating Party may mutually
agree to a different date of termination.
3. Intergovernmental Water Board.
A. The Intergovernmental Water Board (IWB) is continued. The IWB shall consist of five
members, with one member to be appointed by each of the four Parties to serve at the
pleasure of the appointing Party and a fifth "at large" member who resides in the service
area as shown in Exhibit 1 to this Agreement to be appointed by a majority vote of the
other members and who shall represent the interest of the general public. The IWB shall
decide the process by which it seeks candidates for and appoints the member at large.
A member representing a Party shall hold a current elective office for that Party and
shall be deemed to act on behalf of the governing body of that Party when voting on any
issue before the IWB. The extent to which that Party's member's vote at the IWB is
binding on the Party that the member represents shall be determined by each Party.
Each Party may appoint an alternate IWB member who may take the place of the
regular member who is absent at any IWB meeting. An alternate member shall have the
same qualifications as the regular member.
A person appointed to fill a vacancy shall serve the term of the position that was
vacated. The IWB by majority vote may declare a position to be vacant for that
member's unexcused absence for more than 3 consecutive IWB meetings and shall
notify the Party of any such declared vacancy. A Party so notified shall promptly appoint
a replacement to fill the term of that vacancy. The Party members shall appoint a
member at large for the remainder of the existing term of that position if and when that
position becomes or is declared to be vacant.
4. Term of IWB Membership.
An IWB member shall continue to occupy the same position on the IWB from and after
the adoption of this Agreement for the duration of that member's term. Each IWB
Tigard Water Supply Agreement Page 3
position including the Member at Large shall have a term of two years that begins on
January 1 and expires on December 31 of the second year of each term. There is no
limit on the number of terms that any person may serve in any position. Notwithstanding
that the term of a position has expired, the Member occupying that position may
continue to serve on the Board until a successor is appointed.
5. Conduct of IWB Meetings.
5A. The IWB shall schedule regular meetings and shall conduct all meetings according
to Oregon public meetings law and any rule of conduct approved by the Tigard City
Council. At its first meeting in every calendar year the IWB shall elect a chairperson for
the ensuing calendar year and may elect other officers, all of whom shall have such
powers and duties as assigned by the IWB. The Chair shall set the agenda for each
meeting. A quorum of the IWB shall be three (3) members and no vote shall be taken on
any matter requiring a vote without a quorum. All matters requiring a vote shall be
enacted by affirmative vote of at least three (3) members present and voting except
where this Agreement provides a different voting requirement.
5B. Tigard shall budget for and provide a sufficient number of employees to provide
staff support to the IWB during and between meetings. Tigard employees shall serve at
the pleasure of Tigard and shall have no voting privileges. Tigard shall provide
adequate facilities and equipment for use for all IWB meetings.
6. Jurisdiction of IWB.
6A. The IWB shall hear and by a majority vote of those members present and voting
may advise the Tigard City Council on the following issues:
1) Uniform rate structures to be charged to all water system customers throughout the
system, including connection charges, with different rates to be allowed only for
different classes of use (e.g., residential, commercial, industrial, irrigation, high elevation
surcharge) and all rates and charges (e.g., block rates, consumption rates, lifeline rates)
are to be limited to the costs of service;
2) Operation and maintenance issues referred to the IWB by Tigard or that a majority of
the IWB raise on the IWB's own motion:
3) The proposed annual budget for the Parties' water supply system;
4) Policies and rules for curtailing water consumption in the same manner throughout
the service area in cases of emergency:
5) Capital improvements not listed or scheduled in a capital improvements plan that is
adopted as part of Tigard's annual budget for the system;
6) Tigard's proposed issuance of municipal revenue bonds or similar instruments to be
used to finance water system capital improvements or to refinance existing water
system revenue bonds;
7) Any and all rules and regulations issued by Tigard as to the use of the water system.
8) A proposal by Tigard to provide water service to any area or to any public or private
reseller of the water that is located outside the Parties' combined service area as shown
Tigard Water Supply Agreement Page 4
on Exhibit 1 to this Agreement, or a proposal by Tigard to serve by wholesale contract a
once - served Party who has terminated this Agreement;
9) A proposal by Tigard to enter a contract or partnership with a water source other than
a mutual aid or similar emergency supply agreement;
10) The valuation of a served Party's ownership share(s) of System Assets when
recalculated from time to time and when calculated at the time of a Party's termination
of this Agreement, as further provided in this Agreement;
11) The sale or purchase of any real property used or proposed for use in the water
system, and the terms of any such sale or purchase;
12) The assignment, sale or other conveyance or transfer of any Party's rights or
liabilities under this Agreement to any person or entity other than another Party.
6B. In all cases, action taken by the IWB shall be advisory to the City of Tigard. The
City shall address and consider the Board's recommendation when taking action or a
position on the matter.
7. Ownership and Valuation of Assets.
7A. Each of the Parties owns an equitable, undivided common share (as calculated per
Section 7B of this Agreement) of all System Assets used in the system wherever
located. The City of Tigard is authorized to pledge the Parties' equitable shares of
ownership of any and all such System Assets, to the repayment of any revenue bonds,
whereby such interest of the Parties shall be subordinated to the interest of the bond
holder(s) as to any and all revenue bonds sold by Tigard to finance capital
improvements to the Parties' water supply system the extent required by the debt
instrument(s).
7B. A Party's equitable share of a system asset, whether real or personal property, shall
be calculated using cumulative meter equivalency values, as defined by the American
Water Works association Manual Ml, and as shown in Table 7.1. Tigard shall
recalculate those shares every two years in the course of Tigard's annual audit and
consolidated financial reporting process and will recalculate the Parties' shares on any
Party's termination or on dissolution of this Agreement. The Parties' shared interests in
any system asset that is real property and that Tigard uses in part for purposes other
than operation of the water system shall' be shown by lease agreements between the
Parties and Tigard and recorded in county deed records.
7C. All System Assets and Other Assets shall be pledged by the Parties to the City of
Tigard. All System Assets and Other Assets shall be managed by Tigard and shall be
utilized by Tigard in order to provide water services to properties, residences and
businesses in the service area.
7D. The value of a system asset shall be calculated by one method for assets that are
personal property and another method for real property. An asset that is personal
property shall have that asset's depreciated value over its useful life using straight line
Tigard Water Supply Agreement Page 5
depreciation as are set out in the "Tigard Water District System Assets and Liabilities
Final Report" of November 1994 , Section II, attached hereto as Exhibit 2. The
depreciated value shall be based upon the useful life of the capital improvement under
generally accepted accounting principles using a straight line method of depreciation.
An asset that is real property shall be valued by an independent appraisal at such time
as the property or a portion of same is assigned, sold or otherwise conveyed and at the
time of any Party's termination or the dissolution of this Agreement. A list of all System
Assets, as of July 1, 2010, is attached hereto as Exhibit 2. Assets not listed in Exhibit 2,
or subsequent exhibit amending Exhibit 2, are System Assets if the asset falls within the
meaning of the term "system asset" as defined at Section 15.5 of this Agreement.
7E. The proceeds of any sale or other conveyance of any portion or all of a system
asset that is real property shall be considered a system asset and deposited into the
"Water CIP Fund" or similar other segregated account for use for capital improvements
7F. Tigard shall maintain all assets according to industry standards and shall consider
the disposition of any asset that is or becomes surplus to the needs of the water supply
system. Tigard shall adequately insure all System Assets against all risks of loss and
charge such costs to the Water system. Tigard on any served Party's request, given
with adequate notice shall calculate the value of that Party's ownership share of a
system asset for that Party's use in its annual budget as may be required by General
Accounting Standards Board rules.
7G. For the duration of this Agreement, the cities of King City and Durham and the
Tigard Water District, shall be entitled an annual surcharge which shall be calculated as
set forth for the year 2010 in Table 7.1 of this Agreement. Tigard shall dispense that
amount to a served Party at least once annually.
Tigard Water Supply Agreement Page 6
Table 7.1
Current Meters AWWA TWSA 2009 Proposed
1% in Meter Asset $ per 2010 Est. 2010
Jurisdiction 2009 Rev calc 2009 Eqiv. Ownership M. E. Adjustment Surcharge
Durham $190,856.52 $1,908.57 354 504 2.02% $3.79 $6.00 $3,024.00
Fire Hydrant $4,524.45 N/A N/A N/A N/A N/A N/A N/A
King City $411,886.61 $4,118.87 1313 1541 6.17% $2.67 $6.00 $9,246.00
Metzger $465.07 N/A N/A N/A N/A N/A N/A N/A
Tigard $5,739,880.45 N/A 12410 17533 70.25% $ - N/A N/A
Tigard Water $1,703,524.79 $17,035.25 3742 5379 21.55% $3.17 $6.00 $32,274.00
$8,051,137.89 17819 24957 100.00% $44,544.00
8. Division of Assets on Termination or Dissolution.
8A. Upon termination of this Agreement, a Party shall have rights to the use of all
System Assets equal to its equitable share, as calculated in section 7B. Tigard shall be
compensated for any use of its water system necessary for the continued reasonable
use of a system asset by a terminating Party. If a system asset is not essential to the
operation of a terminating Party's water system, Tigard may terminate such jurisdiction's
right in the system asset capital improvement by payment of a sum equal to the
terminating Party's equitable share in the depreciated value of the asset. Alternatively,
the Parties may negotiate a wholesale water supply agreement between the terminating
Party and the remaining Parties. A Served Party that terminates this Agreement shall
not thereby be relieved from liabilities and indebtedness previously contracted by Tigard
for the benefit of the water supply system and shall assume its share of that liability and
debt.
8B. If this Agreement is terminated by any Party and the terminating Party has
remaining indebtedness incurred under Section 1B, the terminating Party shall either:
1. Pay in full, within 60 days of the effective date of termination, its
proportionate share of the indebtedness; or
2. Pay annually its proportionate share for the indebtedness as payment is
due.
Tigard Water Supply Agreement Page 7
8C. Revenue generated by the operation of the supply system shall not be subject to
distribution or accounting on a served Party's termination and shall not be subject to an
equitable or other claim by that Party.
8D. A terminating Party may offer to convey its ownership share of System Assets to
Tigard and may waive its rights to a division of assets as provided in this Agreement in
consideration of a wholesale contract for water supply between the terminating Party
and Tigard. Any such contract is subject to IWB review. If the asset is not essential to
the operation of such jurisdictions' water system, Tigard may terminate such
jurisdiction's rights in the system asset capital improvement by payment of a sum equal
to the jurisdiction's proportionate Interest in the depreciated value of such system asset.
8E. Tigard shall have the first right of refusal to purchase a served Party's share of a
system asset on that Party's termination of this Agreement or on the Parties' decision to
sell all or a portion of a system asset, on the same terms and conditions as offered to
any other person or entity. The offer to purchase and Tigard's exercise of its rights as to
that offer shall be on the same terms as in that certain Tenancy in Common agreement
between the served Parties and Tigard for the property commonly known as 8777
Burnham Street, Tigard, Washington County, Oregon entered in or about June 2007,
attached hereto as Exhibit 3.
9. Accounting and Records.
9A. Tigard shall account for the operation and maintenance of the water system as an
enterprise fund using generally accepted accounting principles applicable to utility
enterprises for the recording and identifying of all revenues and expenditures. .
9B. Tigard shall respond in the normal course of business to all requests for public
records by persons who are not Parties and shall defend the other Parties and hold
them harmless from any and all claims or legal actions made or filed by the person
making the records request. Tigard shall make all financial records available to any
Party for inspection and copying on reasonable advance notice and during Tigard's
ordinary business hours.
9C. Tigard shall present the proposed annual budget for the water system to the IWB
for its consideration and recommendation(s) prior to Tigard's adoption of that budget.
Tigard shall provide a copy of each year -end financial audit of its accounts to any Party
upon that Party's request.
10. Boundary Changes, Mergers, Consolidations and Annexation of Territory
The Parties' combined service area as it exists on the effective date of this agreement is
shown with relation to the Parties' political boundaries on Exhibit 1 to this Agreement,
attached and incorporated by this reference. Boundary changes, mergers,
consolidations and annexation of territory shall occur consistent with state law, Metro
Tigard Water Supply Agreement Page 8
Code and the adopted Urban Service Area agreements between the Cities and
Washington County. Parties have the rights granted pursuant to Metro Code and State
law to participate in these proceedings. All Parties may enter an urban services
provider agreement with Tigard for water supply as provided by state law.
Tigard reserves the right to determine if water service will be provided in all expansions
affecting the Parties of this agreement.
11. Amendment. No amendment to this Agreement and no substitution of any exhibit to
this Agreement shall be effective unless in writing signed and dated by all Parties.
12. Severability. If any portion of this Agreement is for any reason held to be invalid or
unconstitutional by a court of competent jurisdiction, all remaining portions of this
Agreement shall remain in effect until this Agreement is terminated or expired. After
any declaration of invalidity or unconstitutionality of a portion of this Franchise, any
Party may demand that one or more other Parties meet to discuss amending the terms
of this Agreement to conform to the original intent of the Parties. If the Parties are
unable to agree on a revised agreement within ninety (90) days after such a court
decision is final and binding, any Party whose rights and obligations are affected by the
decision shall have cause to terminate this Agreement by delivering one hundred and
eighty (180) days notice to the other Party.
13. Property Conveyances. All parties agree in good faith to execute any and all real
property conveyances deemed necessary or desirable to show each Party's share of
ownership of such property as provided for in this Agreement.
14. Execution and Effective Date. This Agreement may be executed in several
counterparts, all of which when taken together shall constitute one agreement binding
on all Parties who have signed, notwithstanding that all Parties are not signatories to the
same counterpart. Each copy of this Agreement so executed shall constitute a duplicate
original.
15. Definitions. As used in this Agreement, the below terms are defined as follow.
15.1. "Assets" include real, personal and intangible property. Assets are divided into
two different groups, "System Assets" and "Other Assets."
15.2. "Intangible Property" includes but is not limited to: moneys, checks, drafts,
deposits, interest, dividends and income
15.3. "Managing Authority" means that Tigard will provide water to properties and
customers in the current jurisdictions of the Parties equally. If circumstances require
water restrictions, each jurisdiction shall share equally. Tigard will provide equally and
in a manner consistent with the terms of this Agreement all services required for
Tigard Water Supply Agreement Page 9
delivery of potable domestic water to properties and customers in the current
jurisdictions of the Parties, including but not limited to system repair and maintenance,
water distribution, new installations, system upgrades and billing functions.
15.4. "Other Assets" are Assets not necessary for the operation of the City of Tigard's
water supply system. Other Assets shall remain the property of the jurisdiction in which
the asset is located. Water mains, service installations, structures, facilities,
improvements or other property not necessary for the operation of the City of Tigard's
water supply system are Other Assets.
15.5. "System Assets" are Assets necessary for the operation of the City of Tigard's
water supply system. As used herein, the term System Assets does not include any
assets constructed, under construction, or to be constructed by the City of Tigard
pursuant to the certain Water Agreement between the cities of Tigard and Lake
Oswego, entered into on August 6, 2008. Other Assets shall become the property of
the jurisdiction in which the asset is located.
The term "System Assets" as used in this Agreement includes, but is not limited to:
i) all interests in real property, all improvements on that property and all other
personal property and facilities wherever located that is used by any Party for the
supply, treatment, storage, transmission or distribution of potable water to that Party or
to any other person or entity; and,
ii) all revenue generated from the sale of any portion of the Parties' domestic
water supply to any person wherever located, including connection and systems
development charges; and,
iii) all rights to the use of surface -, in stream- or groundwater held by- or for the
beneficial use of any Party to this Agreement, notwithstanding that the formal
certification or other evidence of that right may name fewer than all Parties to this
Agreement as the holder or owner of that right;
iv) all contracts held by Tigard or any other party with any entity not a party to this
Agreement for a supply of water for the Parties' joint use.
Tigard Water Supply Agreement Page 10
AGENDA ITEM NO. 2.B - CITIZEN COMMUNICATION DATE: Sept. 28, 2010
(Limited to 2 minutes or less, please)
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.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses of persons who
attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a
public record.
NAME, ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
CITIZEN COMMUNICATION
•
Citizen Communication
From September 14, 2010
• Rob Cornillus said he is a citizen of Tualatin but grew up in Tigard, on Inez Street. He is running
for the 1 Congressional seat as the Republican nominee. He came tonight because someone
once said, "All politics is local." He said it is important for those running for federal offices to
understand what is happening on the ground. If elected, he looks forward to being a good
partner with Tigard
• Ellen Witham and her son Thomas who live on Millen Drive were here to advocate for urban
chickens. She referred to the laws from Beaverton and Portland that allow chickens. She has
spoken with a number of people in Tigard who either have chickens in their backyard or know
someone who does. She said it happens a lot illegally, but she doesn't want to do it illegally.
She said her chickens are her pets and doesn't want to be told to get rid of her pets.
Mayor Dirksen said that in response to her e -mails and others, the Community Development
Department is looking at our statutes with regard to chickens. He said that people are allowed
to have chickens in Tigard but there are limitations and restrictions. He said the Community
Development Director was working on a Director's Interpretation of the law. Ms. Witham said if
she followed the current limitations, she would have to house her chickens in her living room.
1 /Cit /CA11- 1]' /CCM / citizen communication follow up /100914 CFI'IZEN FOLLOW UP
AIS -147 Item #: 3. A.
Business Meeting
Date: 09/28/2010
Length (in minutes): Consent Item
Agenda Title: Approve Submittal of an Application for Community Development Block Grant Funds to
Construct Sidewalk Improvements on Frewing Street
Prepared By: Duane Roberts, Community
Development
Item Type: Resolution Meeting Type: Consent Agenda
Information
ISSUE
Shall Council approve a resolution authorizing the submittal of an application for Community Development Block
Grant (CDBG) funds to finance the construction of sidewalk improvements on one side of Frewing Street?
STAFF RECOMMENDATION / ACTION REQUEST
Council approve the resolution authorizing submittal of the application.
KEY FACTS AND INFORMATION SUMMARY
The federal Community Development Block Grant (CDBG) Program annually provides more than $2 million to
Washington County to fund activities that benefit low and moderate income persons. The County distributes the
money to local jurisdictions and nonprofit organizations based on project applications submitted by sponsors. The
County currently is accepting project proposals for the 11/12 funding year. The application due date is October 8,
2010.
During this CDBG funding cycle, staff proposes the City seek funds to finance sidewalk, curb, and drainage
improvements on one side of Frewing Street between Pacific Highway and Ash Street. Frewing Street is located
west of Downtown Tigard and within a prequalified block group area. A block group is prequalified if more
than half the households within the area have incomes below 80% of median.
The improvements proposed for funding would provide a safe, secure, and convenient pedestrian route to services,
shopping opportunities, and TriMet and school bus stops. The improvements also would enhance neighborhood
character and livability. A map showing the location of the proposed improvements is attached. The decision to
seek funding for one, rather than both sides of the street is based on the limited availability of federal CDBG funds
and the project's chances of being selected for competitive funding.
Copies of the draft proposal will be available in the City Recorder's office.
To increase the City's chances of obtaining the funds needed to help pay for the improvements, a major effort is
underway to solicit neighborhood support for the application. Apartment dwellers are being asked to sign a
petition, and homeowners are being asked to provide letters telling a personal story about the need for the
improvements.
OTHER ALTERNATIVES
Do not submit an application for this funding cycle.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
NA
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Fiscal Impact
Cost: $252,000
Budgeted (yes or no): No
Where budgeted ?: Proposed 11/12
Additional Fiscal Notes:
The amount of funds requested is detailed below. City match of City cash and in -kind contributions are proposed.
The local in -kind contribution would be in the form of administrative overhead and design and construction
management services.
Project Grant Dollars City Cash City In -Kind
Frewing St. Sidewalks $167,000 $50,000 $35,000
The Adopted FY2011 -2015 Capital Improvement Plan (CIP) currently has $141,000 annually for the Citywide
Sidewalk and Pedestrian Improvements project funded by the Gas Tax Fund. The project has $121,000 in External
Expenses and $20,000 in Internal Expenses (In- kind).
If the grant is awarded, it will be the intent of staff to use this project to provide the City match. Further, as we
work through the development of the FY2012 -2016 CIP and FY2012 Budget, the allocation in FY 2012 in will be
changed so that at least $35,000 in Internal Expenses will be budgeted with a corresponding reduction in External
Expenses. The receipt and budgeting of the grant funds will more than offset the reduction in External Expenses,
allowing the City of Tigard to more than double the amount of sidewalk improvements that we otherwise would
have been able to accomplish in FY2012.
By dedicating $85,000 of the $141,000 CIP project as matching grant funds, there will still be $56,000 available
for another sidewalk or pedestrian improvement in FY2012.
Approval of the resolution does not financially obligate the City. Actual appropriation of funds and acceptance of a
grant would require separate City Council action.
Attachments
Proposed Resolution
Exhibit A - Map
AIS -184 Item #:3. B.
Business Meeting
Date: 09/28/2010
Length (in minutes): Consent Item
Agenda Title: Resolution to Amend the Master Fees and Charges Schedule to Adopt a Flat Fee for the
Installation of Prescriptive Solar Photo - Voltaic Systems
Prepared By: Mark VanDomelen, Community
Development
Item Type: Resolution Meeting Type: Consent Agenda
Information
ISSUE
Consider approving a resolution to amend the master fees and charges schedule to adopt a flat building permit fee
for the installation of prescriptive Solar Photo - Voltaic systems.
STAFF RECOMMENDATION / ACTION REQUEST
Approve a resolution to adopt a flat building permit fee for the installation of prescriptive Solar Photo- Voltaic
systems.
KEY FACTS AND INFORMATION SUMMARY
ORS 455.020 was enacted to enable the Director of the Department of Consumer and Business Services to
promulgate a State Building Code. ORS 455.210 directs rule making to adopt reasonable fees for the
administration, review, and inspection of work relating to the State Building Codes.
OAR 918- 800 -10 through 918- 800 -040 requires all municipalities with Building Code Programs to use a standard
methodology for determining a flat building permit fee for prescriptive Solar Photo - Voltaic systems. This fee is to
be adopted by the local jurisdiction to cover the administration, review, and inspection of these systems.
The City of Tigard Building Official has met with the Building Officials from throughout the Tri- County area to
ensure a consistent fee within the area. The proposed fee is consistent with the proposals being considered by
councils throughout the Portland metropolatin area.
Prescriptive systems are those systems that meet the requirements of the Oregon Solar Installation Specialty Code
and are not defined as complex. Complex systems are engineered systems and systems over 25 Kilowatts.
The proposed flat fee is for non - engineered installations defined as prescriptive under the scope of the 2010 Oregon
Solar Installation Specialty Code which is effective October 1, 2010. Engineered systems will be charged permit
fees based on the City's existing permit fee schedule for alteration permits.
OTHER ALTERNATIVES
None
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
None
Fiscal Impact
Cost: $1,800
Budgeted (yes or no): Yes
Where Budgeted (department /program): Building Department
Additional Fiscal Notes:
We estimate that we will not issue a large quantity of permits for prescriptive solar Photo - Voltaic systems this
fiscal year. For impact purposes, we estimate 10 installations at $180 each. This fee would cover up to 2 hours of
staff time at $90 per hour to administer, review, and inspect these installations. We would would be able to cover
this additional work with currently budgeted staff.
_
Attachments
Proposed resolution
Exhibit A
AIS -152 Item #: 4.
Business Meeting
Date: 09/28/2010
Length (in minutes): 15 Minutes
Agenda Title: Approve Supplemental Appropriation Amendment to FY 2011 Budget: Carry Forward from
Prior Fiscal Year and Recognize Revenue from ARRA - Resolution
Prepared By: Carissa Collins, Financial and
Information Services
Item Type: Resolution Meeting Type: Council Business Meeting - Main
Public Hearing - Legislative
Information
ISSUE
Supplemental appropriation to amend the FY 2011 Adopted Budget including the carry forward of items from the
prior year that need to be appropriated this fiscal year. In addition, the city needs to recognize revenue provided by
the American Recovery & Reinvestment Act (ARRA) to be utilized in the Capital Improvement Program (CIP).
STAFF RECOMMENDATION / ACTION REQUEST
Approve recommended supplemental budget amendment
KEY FACTS AND INFORMATION SUMMARY
Since the adoption of the FY 2011 Budget, there is a need to bring forth a supplemental budget amendment to City
Council in order to address budget items that were unknown at the time that the budget was adopted. The following
issues are addressed in the amendment:
1 a. Services for Building Activity - The Building Division has experienced a significant increase in the
demand for its services resulting in an increase in revenues. Therefore, in order to meet the increased demand
for services along with increased staff workload, there is a need to restore 5 staff from .80 to 1.0 full -time
equivalent (FTE). These positions include the Building Official, a Building Services Supervisor. Senior Plans
Examiner, Senior Permit Technician, and a Permit Technician. The estimated cost to the Building Fund will
be $101,937. Revenues within the Building Fund were increased by $101,937 due to the increase in Building
activity. In addition, 20% of the Building Services Supervisor position is paid by the Development Services
Planning Division which is within the General Fund. With this supplemental, 20% of the 1.0 FTE will be
paid by the General Fund. Therefore, the General Fund will have to support 20% of the 0.20 FTE increase,
totaling 0.04 FTE at a cost of $3,480. Overall, total costs of this program change is $105,417.
b. Code Compliance Program - In an effort to maintain a reasonable level of service in this program
and provide more efficient methods to accomplish the work, one staff change is being requested in order to
perform the duties related to code compliance. This consists of a change to the Permit Coordinator
position. This change includes moving the position from a .80 FTE to a 1.0 FTE that will be paid from a
combination of salary savings and a reallocation of dollars from the Professional /Contractual Services
account in Community Development Administration's budget that is currently budgeted for code compliance
related duties within the General Fund.
2. a. & b. Recognition of Grant Revenues - Recognition of reimburseable grants received after the FY
201 1 Budget was adopted such as the Homeland Security Grant, Interoperablity Homeland Grant, and the
Justice Assistance Grant acquired by the Police. In addition, the city will recognize reimburseable grants
obtained by the Library which are the Ready -to -Read and the Library Services & Technology Act (LSTA)
grants.
3. a. & b. Professional Services and Contract Carryovers - The supplemental budget includes items that
needed to be carried over from the 2010 fiscal year. These items include $35,000 to hire a consultant to
conduct a federally approved overhead and hourly rate study. The results from this study will assist the city
when applying internal staffing costs to capital improvement projects as well as assisting in the development
of indirect charges. Also, the Information Technology Division requires the carry over of 3 contracts that
began in FY 2010 but were not completed. They are contracts for $3,522 for the ArcGIS Server
Optimization, $375 for Accela APO Technical Assistance, and $20,800 for the GIS /Document Management
Integration. Total costs of these carryovers amount to $59,697.
4. a. Fanno Creek Park - This project will improve the Lower Fanno Creek Park in conjunction with the
planned public plaza in Downtown Tigard. A total of $15,000 is required for HDR Engineering
to perform the stream analysis study in order to complete this project through its landuse stage. The $15,000
is a carryover from the FY 2010 Budget and will increase the Beginning Fund Balance in the Parks SDC
Fund for FY 2011.
4. b. Permit Center Roof - On August 17, 2010, a budget amendment was sent to Council that budgeted
the $285,500 cost of this project in the Facilities Fund. This project is funded by an American Recovery &
Reinvestment Act grant in the amount of $230,500 which is reimburseable when the work is completed. The
remaining $55,000 is paid with General Fund dollars. The project was budgeted in FY 2010 and was
expected to be completed by June 2010. However, the project was delayed due to inclement weather, and
was not included in time for the adoption of the FY 2011 budget. However, Resolution 10 -44
for Budget Amendment #11 -01 did not recognize the the grant proceeds that will be received in order to
refund Contingency in the General Fund. This supplemental recognizes the grant proceeds. This action taken
with this current supplemental will recognize the $230,500 grant revenue as well as reimburse General Fund
contingency by that same amount.
4. c. Water Building Lease Payment - In August 2007, an intergovernmental agreement was established
between the Intergovernmental Water Board and the City of Tigard to lease the Water Building which houses
some of the Public Works staff. Due to staff turnover in prior years, payments for the lease are 3 years in
arrears at a total cost of $235,007. Total payment will be paid by those operating funds that are housed within
the Water Building based on number of FTE. They include General Fund, Gas Tax, Sanitary Sewer, and
Storm Funds. Per the intergovernmental agreement between the city and the Intergovernmental Water Board,
the Water Fund is exempt from contributing to the payment of the Water Building lease.
5. Tree Replacement Fund - In FY 2009, the Tree Replacement Fund was created in order to account for
funds collected from developers in lieu of planting trees. Fees collected were previously accounted for in the
General Fund for FY 2008. Prior to FY 2008, fees were accounted for in the Parks Capital Fund. For FY
2009, $575,000 was budgeted as a transfer from General Fund to the Tree Replacement Fund for fees
collected through that fiscal year. Due to staff turnover in prior years, only the revenue for FY 2009 was
transferred leaving the prior year fees in the General Fund. The remaining amount of $371,778 will be
transferred from the General Fund to the Tree Replacement Fund. While planning the FY 2011 Budget, it was
anticipated that the issue would be rectified during FY 2009 -2010. This did not happen. The result is that the
FY 2010 -201 1 General Fund Beginning Fund Balance is higher by the remaining $371,778, funding the
transfer to the Tree Replacement Fund.
OTHER ALTERNATIVES
Do not approve Supplemental Budget #1 1 - 02.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Goal 4: Advance Methods of Communication
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Fiscal Impact
Cost: $1,109,114
Budgeted (yes or no): No
Where Budgeted (department /program): Multiple
Additional Fiscal Notes:
• Total requirements for the FY 2011 Budget will increase by $1,109,114 across 10 funds, representing a 1.0%
increase in FY2011 Budgeted Requirements for the City of Tigard.
• Of the increase, $742,170 is in the General Fund, representing a 2.1% increase in FY2011 Budgeted
Requirements for the fund.
• All increases are funded through Beginning Fund Balances due to carryforward items, dedicated revenues, or
use of Contigency.
• No fund will have a change in its budgeted Ending Fund Balance due to this action.
Attachments
Resolution - Supplemental
Exhibit A
AGENDA ITEM No. 4 September 28, 2010
TESTIMONY
SIGN -UP SHEETS
Please sign on the following page(s) if you wish to testify before
City Council on:
PUBLIC HEARING:
CONSIDER SUPPLEMENTAL
APPROPRIATION AMENDMENT TO
FY 2011 BUDGET FORWARD FROM
PRIOR FISCAL YEAR AND
RECOGNIZE REVENUE FROM
AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA)
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
available to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Due to Time Constraints
There is a Five - minute Time Limit on Testimony
I /Adm /Cathy /CCSignup /Leg. PH /Supplemental Budget Appropriation
AGENDA ITEM No. 4 September 28, 2010
PLEASE PRINT
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
available to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AIS -175 Item #: 5.
Business Meeting
Date: 09/28/2010
Length (in minutes): 10 Minutes
Agenda Title: Adopt Tualatin Valley Fire & Rescue Ordinance No. 10 -02 Adopting the Oregon Fire Code
and Repeal City of Tigard Ordinance No. 07 -18
Prepared By: Mark VanDomelen, Community
Development
Item Type: Ordinance Meeting Type: Council Business Meeting - Main
Information
ISSUE
Consider approving an ordinance to adopt Tualatin Valley Fire and Rescue (TVF &R) Ordinance 10 -02 adopting the
2010 Oregon Fire Code and repeal City of Tigard Ordinance 07 -18.
STAFF RECOMMENDATION / ACTION REQUEST
Approve the Ordinance adopting Tualatin Valley Fire & Rescue (TVF &R) Ordinance No. 10 -02. which adopts the
most recent edition of the Oregon Fire Code and allows TVF &R to provide fire prevention and firefighting services
for the City of Tigard, and repeals Tigard Ordinance 07 -18, which adopted the prior TVF &R Ordinance applying
the prior Oregon Fire Code.
KEY FACTS AND INFORMATION SUMMARY
The Building Division enforces the State Specialty Codes in the City of Tigard as identified in Chapter 14.04 of the
Tigard Municipal Code. Under authority of ORS 455.150, the City administers the Specialty Codes (structural,
plumbing, electrical, mechanical, and residential) as adopted by the State of Oregon.
Fire prevention and firefighting services are provided to the City of Tigard by TVF &R. Oregon law, under ORS
478.924, requires local fire districts to adopt the Oregon Fire Code by local ordinance. This allows the fire district to
review appeals to code rulings and issue interpretations at the local level.
The City of Tigard Building Division works in partnership with TVF &R by reviewing plans and performing
inspections to ensure all new construction complies with the requirements of the most recently adopted Oregon Fire
Code. TVF &R provides a liaison to work with the Current Planning Division to review land use development cases
and assist the Building Division with Fire Code requirements.
TVF &R has adopted the most recent Oregon Fire Code through TVF &R Ordinance No. 10 -02. Tigard has
historically adopted TVF &R's ordinance through a City of Tigard Ordinance. The most recent City of Tigard
Ordinance, No. 07 -18, which adopted the 2007 Oregon Fire Code, would be repealed with the adoption of the new
TVF &R Ordinance.
OTHER ALTERNATIVES
None
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
None
Fiscal Impact
Fiscal Information:
This item does not change the existing fiduciary relationship or work responsibilities between TVF &R and the the
City. The current year budget is adequate for implementation of the City's obligations under the agreement with
TVF &R.
l i
Attachments
Proposed Ordinance
Exhibit A to Proposed Ordinance
City of Tigard Ordinance No. 07 -18
AIS -177 Item #:
Business Meeting
Date: 09/28/2010
Length (in minutes): 30 Minutes
Agenda Title: Use Classifications Development Code Amendment DCA2010 -00004 (Continued from
September 14, 2010)
Prepared By: John Floyd, Community Development
Item Type: Ordinance Meeting Type: Council Business Meeting - Main
Public Hearing - Legislative
Information
ISSUE
Continuation of a public hearing to consider Development Code Amendment DCA2010 -00004 (Use Categories).
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends Council adopt the draft ordinance included as Attachment "1".
KEY FACTS AND INFORMATION SUMMARY
On July 19, 2010 the Tigard Planning Commission unanimously adopted a recommendation to Council regarding a
series of text amendments to the Use Classifications chapter of the Tigard Development Code (TDC 18.130). As a
type IV legislative procedure, Council is the deciding body with the responsibility to approve, approve with
modifications, or to deny the recommended amendments.
On September 14, 2010 Council held a public hearing to consider the Planning Commission Recommendation. At
that hearing Council received a presentation from staff, including three suggested changes to the Planning
Commission Recommendation. As part of the public hearing, Council opened the proceedings to public testimony
but none was submitted. Subsequently, Council moved to close the public hearing and continue the item to
September 28, 2010 with a directive that staff incorporate the suggested changes into the implementing documents.
The suggested changes have been incorporated into the draft text amendments contained in Exhibit "A" of the draft
ordinance (Attachment "1"). Also included in Exhibit "A" are a background and summary of the project.
OTHER ALTERNATIVES
No Action — The code would remain unchanged and the existing ambiguities continue to result in administrative
burdens for the City and uncertainties for developers and the general public.
Expanded Action — The subject code amendment focuses primarily on reformatting existing language. Many
substantive code improvement elements have been identified in the process. Staff has made a determined effort to
limit this code amendment package to simplification and clarification of existing code, leaving substantive
improvements to future code amendment packages. However, there may be some more or Tess discrete additions to
the proposed scope that the Council may want to consider. For example, adding new use categories such as Parks
And Open Space, or combining existing use categories such as Outdoor Sales and Retail Sales or Community
Recreation and Outdoor Entertainment. Because these issues may trigger additional Measure 56 notice and require
further analysis, staff does not recommend their inclusion at this time.
Alternate Actions — Convert the existing use classifications to a list of explicit uses, or determine some other
approach.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Council Goal 1. Implement Comprehensive Plan.
DATES OF PREVIOUS COUNCIL CONSIDERATION
Briefing held on August 17, 2010.
Public Hearing held on September 14, 2010.
Fiscal Impact
Cost: None
Budgeted (yes or no): Yes
Where Budgeted (department /program): Community Development
Additional Fiscal Notes:
There is no direct fiscal impact to the existing or future budgets.
Attachments
Attachment 1 - Draft Ordinance
Exhibit A to Draft Ordinance
Exhibit B to Draft Ordinance
Attachment 2 - Planning Commission Minutes of July 19, 2010
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
July 19, 2010
1. CALL TO ORDER
Vice President Vermilyea called the meeting to order at 7:02 pm. The meeting was held in the
Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Present: Commissioner Anderson;
Commissioner Doherty;
Commissioner Gaschke;
Commissioner Hasman;
Commissioner Muldoon;
Commissioner Schmidt; and
Vice President Vermilyea
Absent: Commissioner Ryan; Commissioner Shavey; President Walsh
Staff Present: John Floyd, Associate Planner;
Susan Hartnett, Assistant CD Director;
Doreen Laughlin, Sr. Administrative Specialist;
Gary Pagenstecher, Associate Planner; and
Darren Wyss, Sr. Planner
3. COMMUNICATIONS - None
4. CONSIDER MEETING MINUTES
June 218t Meeting Minutes: Vice President Vermilyea asked if there were any additions,
deletions, or corrections to the June 21st minutes; there being none, Vermilyea declared the
minutes approved as submitted.
5. PUBLIC HEARING
DEVELOPMENT CODE AMENDMENT (DCA) 2010 -00004
USE CLASSIFICATIONS
STAFF REPORT
Associate Planner, John Floyd gave the staff report on behalf of the City. [The staff report
is available to the public one week in advance of the meeting].
I: \LRPLN \Planning Commission \2010 PC Packets \7- 19- 10 \(pc minutes 7- 19- 10.d0c Page 1 of 8
Floyd told the commissioners that his plan for this evening was to give a simple clarification
and an update. He said there are two big "firsts ":
1. The first major code amendment under the Regulatory Improvement Initiative.
More will be coming in the near future; and
2. The first use of a new format for Text Amendments (Attachment 1). The aim of this
new format is to provide a cleaner, clearer presentation, with comments and
proposed changes on facing pages.
Despite the 128 pages contained in the staff report and attached amendment package, the
purpose of this text amendment is not to expand or restrict existing uses allowed within the
Tigard Zoning Code. Rather, the amendment seeks to improve the existing code by making
it consistent, clear, and up to date.
On pages 1 and 2 of Attachment 1, is background information and a project summary.
The amendment package is intended to address a number of underlying problems with this
chapter:
• Insufficiently detailed to enable some land uses to be clearly identified and assigned
to a land use category.
• It is inconsistent in the level of detail provided for each land use category, some are
just a list of examples, while others provide lengthy descriptions and accessory uses.
• New kinds of businesses have emerged in recent years, which were not anticipated or
included when the chapter was written.
To address these issues, staff looked to the Portland Development Code for precedents of
language and formatting. This was done because the Tigard Code was based upon an early
draft of the Portland Code. Given this shared parentage, and the many refinements made to
the Portland Code over the years, we were able to find some elegant solutions that fit the
structure and intent of our own code.
That said, staff has made a strong effort to retain existing language to the extent practicable.
We are not adopting the Portland code wholesale, just looking to it for a strong precedent in
how to clarify and simplify our own code.
> A new section to guide administration of the chapter. This is found on pages 7 -9,
and includes a list of items to be taken into consideration. These include things
like hours of operation, number of vehicle trips, how the business advertises itself,
and the relative amount of floor space and sales activity of different types of uses
on site.
> Clarification of existing use categories by reformatting them into four general
subcategories: Characteristics, Accessory Uses, Examples, and Exceptions.
Existing language is being retained as much as practicable, but expanded and
clarified where necessary.
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➢ The proposal includes minor text corrections and formatting changes within the
Definitions Chapter, and Zoning District Chapters, to coincide with changes
being made to the Use Classification Chapter.
➢ The amendment creates one new Land Use Category: "Custom Arts and Crafts,"
(page 41) recently established as part of the Tigard Downtown District
Development and Design Standards. During that update, this land use category
was inserted into the Commercial Zones Use Table, and the Definitions chapter,
but not the Use Classifications chapter. The amendment corrects this omission.
A Includes specific exceptions for incidental and temporary outdoor activities, such
as Christmas Tree Lots, which historically have been regulated the same as
permanent land uses conducting "Outdoor Sales."
➢ The proposal includes new uses not addressed in past versions of the code,
including, "doggy - daycares" and "beverage container redemption centers."
➢ In order to achieve consistency and clarity regarding their intent, two land use
categories are seeing a change in their allowed uses:
1. Personal Services and Repair - Oriented Retail (Pages 56 -57)
2. Basically, dry - cleaners and other uses requiring more than one visit per
transaction are being moved from Personal Services to Repair -
Oriented Retail.
3. This change required the City to send out Measure 56 notices to
approximately 150 property owners in the C -P, MUR -1, and MUR -2
zoning districts, predominantly located in the Metzger Area and along
Scholls Ferry Road.
➢ Finally, staff has alphabetized the land uses categories and "raised" them up in the
hierarchy. This change is most readily seen at the top of Page 7, where
Subchapter headings are listed in red. The idea is to reduce the length and
complexity of citations.
No public comments have been received by staff, either orally or in writing, though some
general inquiries were made by recipients of the Measure 56 notices. These were generally
asking for clarification of what changes were being made, and how specific projects may or
may not be affected.
Recommendation:
Staff recommends that the Planning Commission find in favor of the proposed code text
amendments (Attachment 1 to the staff report), with any alterations as determined through
the public hearing process, and make a final recommendation to City Council.
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QUESTIONS OF STAFF
John, can you explain what the practical effect of the change, for example, the
modification for dry cleaners... practically...what does it mean for those businesses?
"In the MUR1 one district - basically in the urban district personal services are allowed.
Repair oriented retail is not. Should you wish to develop this property and include dry
cleaners as part of that, he will not be able to do so. That would be a practical effect of that
change."
Are there any other changes like that, besides the dry cleaners? `Basically the pet
groomers are affected if you drop off your animal and come back to pick it up — that would
be moved; however, if it was more of a self dog -wash type of place — that would make it
personal services."
Susan Hartnett, Assistant Community Development Director, stepped in to clarify a point:
"As we've been working on this, we've really asked ourselves `why' repair - oriented is not
allowed in those zones - and we cannot find a solid basis for that. It may be something we
want to revisit, but what we were really clear about in this project was we were not going to
start changing what use categories were allowed in the zones. We didn't want to suddenly say
that all repair - oriented was allowed in those three zones. That may be a question you may
want to ask and have us answer, but not as part of this project because it has a much broader
implication. When I look at the two use categories though, I look at the impact... and I
don't see a significant difference, which is why I say — `why is one allowed and one not
allowed ?' But that is an historic issue and not one we're trying to correct today."
Do we know if there are any existing businesses that are affected by these changes,
as opposed to undeveloped properties that prospectively may be affected by them?
Hartnett answered, 'We're not aware of any and, as John Floyd mentioned, all the properties
affected by this were sent notification that clarified what these changes would mean to them.
If there were any out there, they would be considered legal non - conforming uses — they
would not lose their status — they would be allowed to continue under that grandfathering."
TESTIMONY IN FAVOR OF THE APPLICATION
Larry Knudsen, 8660 SW 82nd Portland, OR 97223 [owner of "Larry's Custom Christmas
Tree Lot "] spoke neither for, nor against, but wanted to clarify his businesses' status. He said
he was the `one in question' last year that had to leave rather abruptly [on the corner of Oak
and Hall Blvd.] One of the commissioners said he thinks the City is still apologizing about
that and that no one was happy about being the Christmas "Grinch." Mr. Knudsen said he
understood that, and that he'd tried to make things work but they just didn't seem to work
out, however; by the grace of God he said they were able to move and finish the season out
— so that was a good thing. His main question was 'What does it look like for the future —
for somebody in the MUR -2 zone [in his line of business] ?" John Floyd answered, "This is
the amendment that will help this situation. As I understand it, in the past, the Christmas
tree lots were regulated in the same way as permanent outdoor sales. Under this amendment
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package, there is a very specific exception for Christmas tree lots. They are not considered
outdoor sales. They will be considered `temporary activities' and regulated as such."
At this point, Susan Hartnett spoke about the difference between `temporary activities' and
`outdoor sales.' She said, "The `Temporary Uses' chapter was recently revised for the
Farmer's Market amendments. That chapter still needs some work. We have created a
clarification in this new chapter under outdoor sales - to clarify that anything that is a
temporary use is not considered an outdoor sales use. One of the things we are going to be
doing in the next package is revising that entire chapter, in part, to step away from the use of
the word "use" — because these are not temporary `uses', but are temporary `activities' — and
that's what a Christmas tree lot is. It's there for a month, 6 weeks at the most, and then it's
gone. It's not like a `use'- which is a permanent on -site, having ongoing impacts. The
temporary activities chapter, as it's going to be renamed, will clarify how long this kind of
impact should be allowed based on the zones. And in the mixed -use zones, the anticipation
is that it's a more likely active zone and, therefore, temporary activities of this nature for sure
should be allowed. Right now we have a little bit of a glitch — a kind of `circular argument' -
but staff all knows that we're going to ignore that little circular link until we get that fixed.
The intention is - temporary activities are not outdoor sales and therefore not subject to the
zoning requirement that outdoor sales be allowed in the zone in which a Christmas tree lot is
going to be proposed."
Commissioner Vermilyea said, "That was perfectly stated and I'm glad you said it just that
way because now it's on the record so if we make this recommendation to Council, and City
Council passes it, the intent will be to enforce it as Susan has just stated it. So you [Mr.
Knudsen] should be `good to go' for this season." Knudsen thanked them and said that's
what he needed to clarify.
TESTIMONY IN OPPOSITION OF THE APPLICATION
There was no one present in opposition.
PUBLIC HEARING - CLOSED
DELIBERATIONS
Some of the commissioner comments follow:
"The way this is written makes it very, very clear as to what's covered and what's not
covered." "I like the way this is laid out — it makes it much clearer for the user. I did get an
email from Commissioner Walsh and his email indicated he didn't have any issues with it —
he thought it worked well." "All in all — I think this is a good package and very non-
controversial, which is nice."
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MOTION
The following motion was made by Commissioner Doherty, seconded by Commissioner
Muldoon:
"I move that the Planning Commission forward a recommendation of approval to the
City Council of application number DCA2010 -00004 and adoption of the findings and
conditions of approval contained in the staff report as amended on page 31.
The motion CARRIED on a recorded vote, the Commission voted as follows:
AYES: Commissioner Anderson, Commissioner Doherty,
Commissioner Gaschke, Commissioner I- Iasman,
Commissioner Muldoon, and Commissioner Vermilyea (6)
NAYS: None (0)
ABSTAINERS: None (0)
ABSENT: Commissioner Ryan and President Walsh (2)
Vice President Vermilyea noted this will go before Council for a vote on September 14th.
6. WORK SESSION — Economic Opportunities Analysis Meeting
Senior Planner Darren Wyss introduced Steve Faust as a Senior Planner with Cogan, Owens,
Cogan (COC). He said they are the consultants who are working on the Economic
Opportunities Analysis (EOA) with the City. He said they are here to give an update on the
progress and future activities in the EOA.
There are three items to cover:
1. The schedule;
2. The Community Economic Development Objectives; and
3. The interviews that have taken place and will continue to take place in the next few
weeks.
1. The schedule:
• Project was funded by a grant from the state. The grant will be completed by
May 31st of next year.
• Included in the packets are: 1) Scope of work with general timelines, 2) Grant
agreement schedule for submitting reports.
• We are finalizing Task 1, which includes drafting the Community Economic
Development Objectives; defining the planning area; gathering data; and
coordinating with state /regional partners by conducting interviews.
• We will continue working on these things the next couple of months
• We've begun Task 2 (the transit houses). We've collected data from the state
and Steve's team has started to analyze that data and that will continue
through the rest of the summer. In September, you'll have data to look at.
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• Task 3 — Site Suitability Analysis will start after task 2 is complete.
• Task 4 — We've started GIS analysis — we need to meet again and refine that
analysis. In September, when we come back on this, we'll have some good
information for you to look at and give feedback on.
• Task 5 — the assessment and potential will be late autumn
• Task 6 — the implementation policies, based on the previous steps, will be
early winter (PC in the form of advisory committee feedback will be important
& meetings will probably be monthly in the fall)
• Completed draft EGA is planned for about the end of March (workshops
with PC in Feb /March for review)
2. Community Economic Development Objectives
• This will define our approach to economic development
• Goal 9 used as guide
• Condensed into a set of broad brushed objectives
COMMENTS / QUESTIONS
"I have a question on `Development and redevelopment of vacant and underutilized
industrial and commercial land -use.' Do we have a method by which we're going to
identify those before we begin promoting them? And, what's our process for that ?"
Wyss answered: Task 4 will be the inventory of suitable sites and will define what we
consider to be redevelop -able. And we already have our vacant billable lands inventory that
we update every year.
"Do we have any develop -able land left ?" Yes, we have some vacant commercial and
industrial sites in the City. It's pretty limited. We'll have all those numbers for you and a
map that you can look at when we come back in September.
3. Interviews
At this point, Steve Faust gave a brief update on the five interviews to -date. The
following are key points from those interviews:
• Consensus that the City's location is its primary asset, particularly with regard to
transportation corridors and the Portland metro area.
• Quality of life and skilled workforce are also cited as strengths.
• Many regard the Tigard Triangle as a successful /competitive area.
• There is general agreement with the City's priority areas, especially downtown and
the Triangle. There is concern that future development /redevelopment will
compound existing traffic problems.
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• To attract business and population, it is recommended that the City lower business
taxes, develop transportation alternatives, and improve infrastructure (particularly
related to transportation).
• There is some support for diversifying housing stock and types of businesses,
including mixed -use districts that bring people downtown and are active outside of
business hours (Le. evenings).
• There is a need for workforce /low- income housing, particularly near grocery
stores and other neighborhood services.
• No one identified any business clusters or specific opportunities to expand the
traded sector.
NEXT STEPS MEETING - SEPTEMBER 20
• Finalize Task 1 and continue working on 2, 3, & 4
• Bring more info to review in September
• Begin having monthly agenda items related to EOA
7. OTHER BUSINESS — None.
8. ADJOURNMENT
Vice President Vermilyea adjourned the meeting at 7:58 pm.
• -
Doreen Laughlin, Planning Colt sion Secretary
yr
ATTEST: 1 ice Presiden! Jeremy Vermily:r,
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City of Tigard, Oregon
114
Affidavit of Posting
T I GARD
In the Matter of the Proposed Ordinance(s) 0 -- / ( 1 /0 — IS —
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
1 DOM h �.t , being first duly sworn (or affirmed), by oath
(or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number(s) I 0 t ( 1 0 ~ ` , which were adopted at the City Council
meeting of/ 2 ? g, 4 0 ! 0 with a copy(s) of said Ordinance(s) being hereto
attached and by reference mr de a part hereof, on the
_ day of 0 C. fo , 20/6
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon
3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon
Signature of Person w .3 o Performed Posting
Subsc .: • ed . i d sworn (` r affirmed) before me this 7 — day of
,
OFFICIAL SEAL /.Lwo.-14 J �:sr r
CATHERINE D WHEATLEY
NOTARY PUBLIC - OREGON S of Notary Public for Ore _on
COMMISSION NO. 419237
MY COMMISSION EXPIRES AUG. 04, 2011
1:VaIrracathydorms pos( ordinance zoas.doe
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 10-14
AN ORDINANCE ADOPTING TUALATIN VALLEY FIRE & RESCUE ORDINANCE NO. 10 -02
ADOPTING THE 2010 OREGON FIRE CODE AND REPEALING CITY OF TIGARD ORDINANCE
NO. 07 -18
WHEREAS, the City of Tigard enforces the State Building Code under the authority of ORS 455.150 within
in the City of Tigard; and
WHEREAS, Tualatin Valley Fire & Rescue (TVF &R) provides fire prevention and firefighting services to
the City of Tigard; and
WHEREAS, it is necessary to adopt TVF&R Ordinance No. 10 -02 in order for TVF &R to apply the Oregon
Fire Code within the City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Pursuant to ORS 478.924, the 2010 Oregon Fire Code as adopted by Tualatin Valley Fire
and Rescue, a Rural Fire Protection District as Ordinance 10 -02 (Exhibit A), is hereby
adopted by the City of Tigard as the City's Fire Code.
SECTION 2: Ordinance No. 07 -18 is herby repealed.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor, and posting by the City Recorder.
PASSED: By Lit 11 a I'll r11ois vote of all Council members present after being read by number
and title only, this a S t -' da of _ , 2010.
C+/• Li t 4(C l.
atherine Wheatley, City Recorder
k--
APPROVED: By Tigard City Council this: — day of ,t� :. /viL(. i )C L_, 1 1.
C r.ir_ 1 . ksen, Mayor
Approved as to form:
AP
rty Attorney
`7/Z a
Date
ORDINANCE No. 10 -p`(
Page 1
EXHIBIT A
ORDINANCE 10 -02
AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR TUALATIN VALLEY
FIRE AND RESCUE, A RURAL FIRE PROTECTION DISTRICT, PROVIDING FOR A
REASONABLE LEVEL OF LIFE SAFETY AND PROPERTY PROTECTION FROM THE
HAZARDS OF FIRE, EXPLOSION OR DANGEROUS CONDITIONS IN NEW AND EXISTING
BUILDINGS, STRUCTURES, AND PREMISES AND TO PROVIDE SAFETY TO
FIREFIGHTERS AND EMERGENCY RESPONDERS DURING EMERGENCY OPERATIONS,
AND REPEALING ORDINANCE 07 -01.
WHEREAS, Tualatin Valley Fire & 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, finds it necessary to adopt regulations that establish a minimum level of fire safety, thus
does hereby adopt the following regulations; and now, therefore;
IT IS ORDAINED AS FOLLOWS:
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 Oregon State Fire Marshal's office as
prescribed by ORS 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 and county within the District approving pursuant to ORS 478.924. The
whole of this ordinance shall be known as the Fire Prevention Code and may be referred to as the Fire Code
and shall be enforced by the Fire Marshal's Office created by Ordinance 91 -02.
SCOPE:
The purpose of this code is to establish the minimum requirements consistent with nationally recognized
good practice for providing a reasonable level of life safety and property protection from the hazards of fire,
explosion or dangerous conditions in new and existing buildings, structures and premises and to provide
safety to firefighters and emergency responders during emergency operations as authorized by ORS 478.910
SECTION I - ADOPTION OF THE 2010 OREGON FIRE CODE:
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or
explosion, the International Fire Code, 2009 Edition, as published and copyrighted by International
Fire Code Council and as amended and adopted by the Oregon State Fire Marshal's Office and known as the
2010 Oregon Fire Code, is hereby adopted.
SECTION II - ENFORCEMENT OF CODE
Notwithstanding provisions in the Oregon Fire Code authorizing or requiring inspections of buildings and
premises or testing of fire protection systems and equipment, e.g. Sections 106, or provisions providing for
enforcement of th C ode, such inspections, testing and enforcemenr tthrCadrhaltbe dtscretima y
the Chief and other individuals charged by the Chief with such activities. The District recognizes that it has
limited financial resources with which to provide fire, rescue, and other services and functions and is forced
to make public policy decisions as to allocation of District resources. Although the District places a high
Tualalln Valley Fire & Rescue 1 Ordinance 10.02
•
priority on prevention, inspection, and maintenance of fire systems, due to financial limitations, it is the
Board's policy to require inspections only so often as necessary to provide a reasonable level of fire and life
safety. Accordingly, although the Fire Chief and other individuals charged by the Chief with these activities
are encouraged to pursue them, performing such activities, as well as the scope and frequency of such
activities, shall be within the discretion of the Fire Chief. It is the intention of the District to make clear that
the District's duty to perform the inspections and testing, or to take enforcement actions as set forth in the
Code, is limited to providing a reasonable level of fire and life safety. Such actions are discretionary.
SECTION III – AMENDMENTS TO THE 2010 OREGON FIRE CODE:
The 2010 Oregon Fire Code is hereby amended as follows:
1. The following new SECTION 907.7.6 is added:
907.7.6 Alarm Verification. No later than December 1, 2010, or as soon thereafter as approved by a
city or county, Supervising Stations shall not retransmit alarm signals to Public Fire Service Dispatch
and Communications Centers until an attempt is made to verify the accuracy of the alarm signal at the
Protected Premises. Verification attempt shall be made within 90 seconds of receipt of alarm signal.
If the Protected Premises is contacted and can confirm that no fire or emergency condition exists, then
the alarm signal shall not be retransmitted. In all other situations, the alarm signal shall be
immediately retransmitted. This section modifies the retransmission requirements of NFPA 72;
Nothing in this section is intended to permit delay of notification devices and evacuation at the
Protected Premises.
Exception: Waterflow alarms and Manual Pull Station alarms shall be immediately retransmitted
without verification where they can be distinguished by the Supervising Station from other alarm
initiating devices at the Protected Premises.
2. The following section of Appendix B105.3.1.2 is deleted in its entirety:
B105.3.1.2 Fire Alarm Systems. A reduction in required fire -flow of 25% is allowed when the
building is provided with an automatic and manual fire alarm system that is installed throughout the
building and is monitored by an approved central receiving station. The systems shall meet all
requirements of NFPA 72 as specific for a central station fire alarms system proving total (complete)
coverage by detection devices.
SECTION IV – 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 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.
T_he_Chief or_designated_ representative _may_bring_a_complaint_in_law. _or_in _equity to_alle_viate_a violation— ._._.. __.....
of this ordinance as well as in addition to the rights to enforce said ordinance under the provisions of
ORS 478.930 and ORS 478.990.
Tualatin Valley Fire & Rescue 2 Ordinance 10 -02
SECTION V — FIRE CODE BOARD OF APPEALS
As authorized by ORS 479.180, the District may 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 Board adopts a board of appeals, the provisions of this ordinance, where
appropriate, are subject to the board of appeals procedures.
SECTION VI — REPEAL OF CONFLICTING ORDINANCES
The provisions of this ordinance, i.e. the Fire Code, shall be controlling within the territorial limits of the
District and within each city and county within the District approving pursuant to ORS 478.924. The
existing fire code, Ordinance 07 -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 07 -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 repealed, effective the effective date of this
ordinance; provided, however, that Ordinance 07 -01 shall continue in effect in each city or county which
has approved it until the city or county approves this Ordinance 10 -02. Further, prosecutions or violations
under repealed ordinances may continue after the effective date of this ordinance.
SECTION VII — VALIDITY
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.
SECTION VIII — DATE OF EFFECT
The Board of Directors of the Fire District fords and determines that it is necessary and expedient that
the provisions of this ordinance become effective 30 days following adoption, as authorized by ORS
198.570.
First reading by Title only this day of , 2010.
Second reading by Title only this day of , 2010.
PASSED by the District this day of , 2010.
PRESIDENT SECRETARY - TREASURER
halaiR Valley Fire & Rescue 3 Ordinance 10 -02
ATTACHMENT 2
CITY OF TIQARD, OREGON
TIGARD CITY COUNCI
ORDINANCE NO. 07-
AN ORDINANCE. ADOPTING TUALt1TIN VALLEY DIRE & RESCUE ORDINANCE 07.01
ADOPTING THE 2007 OREGON FIRE CODE AND RTPEALIN.G ORDINANCE NO. 05 -02
WI IEREAS, the City of Tigard enforces the State Building Code under the authority •of ORS 455.150
within in the City of Tigard ; and
WHEREAS, Tualatin. Valley Fite & Rescue (TVF &R) provides fire prevention and fitefghting services
to the City of Tigard; and
•
WHEREAS, TVF &R Ordinance 07 -01 adopts the 2007 Oregon Fire Code as shown in Exhibit "A
and
WHEREAS, it is necessary to adopt TVF&R Ordinance 07 -01 in order for TVF&R to apply the
Oregon Fire Code•wltl in the City .of
NOW, TI IEREFORL, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Pursuant to ORS 478.924, the 2007 Oregon Fire Code as adopted by Tualatin Valley
Fire and Rescue, a Rural Fire Protection District as Ordinance 07 -01 (Exhibit A), is
hereby adopted by the City of Tigard as the City's Fite Code.
SECTION 2: Ordinance No. 05 -02 is hereby repealed.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, •signature
by the Mayor, and posting by the City Recorder.
PASSED: 13y . �i!? "10)/ .-vote of all Council members present after being read by
=Tibet and title only, this .23 rG day of t k_4 ', 2007.
•
Carol A. K;rager, Deputy City Recur er
•
ORDINANCE.No. 07- 1 - - --
Pa 1
APPROVED: By Tigard City Council this 23 ' day of 0,z_-7G , 2007.
Craig irksen, Mayor
.Approved as to form:
Ag o r Vie
City t
Date
ORDINANCE No. 07- I g
Page 2
i
I
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 10 -1D
AN ORDINANCE ADOPTING DEVELOPMENT CODE AMENDMENT DCA2010 -00004
TO UPDATE CHAPTERS 18.130 AND RELATED SECTIONS OF THE TIGARD
DEVELOPMENT CODE PERTAINING TO USE CLASSIFICATIONS.
\VHEREAS, the City has proposed an amendment to the Tigard Community Development Codc
pertaining to Use Classifications; and
WHEREAS, the Tigard Planning Commission held a public hearing, consistent with Statewide
Planning Goal 1 and noticed in accordance with City standards, on July 19, 2010, and recommended
approval of the proposed DCA2010 -00004 by motion on a unanimous vote (6 -0); and
WHEREAS, on September 14, 2010, the Tigard City Council held a public hearing, consistent with
Statewide Planning Goal 1 and noticed in accordance with City standards, to consider the
Commission's recommendation on DCA2010- 00004; and
WHEREAS, on September 28, 2010, the Tigard City Council adopted DCA2010 -00004 by motion,
pursuant to the public hearing and its deliberations; and
WHEREAS, Council's decision to adopt DCA2010 -00004 is based on the background information
and commentary contained in the July 19, 2010 Planning Commission Recommendation; the
findings and conclusions found in the City of Tigard staff report dated July 12, 2010; and remainder
of the associated record, which are incorporated herein by reference and are contained in land -use
file DCA2010- 00004.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Community Development Code is amended to include new text and to
rescind existing text as shown in "EXHIBIT A "; and
SECTION 2: The City recognizes the background information and commentary contained in
"EXHIBIT A ", and the findings and conclusions contained in "EXHIBIT B ", to
be the legislative basis for this ordinance; and
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By U i \ Ca ill MOU5 vot7 all Council members present after being read by
number and title only, this c = day of '.. r rt_bl , 2010.
1
Catherine Wheatley, City Recorde
ORDINANCE ORDINANCE No. 10- /S
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APPROVED: By Tigard City Council this day of - eMQ2CA,...) , 2010.
g Dirksen, Mayor
Approved as to form:
City Atto -y
ORDINANCE No. 10- 1 `?
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