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City Council Packet - 12/19/1988TIGARD CITY COUNCIL- PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA CATV sign-up sheet(s). If no sheet is available, DECEMBER 19, 1988, 5:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. x=5:30 o STUDY SESSION - Agenda Review 6:30 o WORKSHOP MEETING WITH LIBRARY BOARD 7:30 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Nun-Agenda Items 7:35 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 7:40 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Board & Committee Appointments - Resolution No. 88- 3.2 Approve City Center Plan Task Force Extension of Appointments - Resolution No. 88- 3.3 Approve Washington County Tigard Urban Planning Area Agreement - Resolution No. 88- 3.4 Receive & File: a. Certified 11/8/88 Election Results b. October- Department Monthly Report - Community Development 3.5 Approve Final Order - Comprehensive Plan Amendment CPA 88-04 Zone Change ZC 88-10 Mielnik NPO #5 - Resolution No. 88- 3.6 Final Order Temporary Use TU 88-86, Variance V 88-31 KPSC/Key Bank of Oregon Resolution No. 88-- 3.7 Approval of 9-1-1 Agreement - Resolution No. 88- 3.6 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): - Copying Machines Adjourn LCRB Meeting; Reconvene Council Meeting 7:45 4• ANTON PARK ASSOCIATION PETITION - REQUEST FOR CLOSURE OF S.W. NORTH DAKOTA STREET IN ANTON PARK (Tabled from the November 14, 1988 Meeting) 8:30 5. THROUGH-TRUCK RESTRICTIONS - ORDINANCE NO. 88- (Portions of North Dakota Street, Tigard Street and Springwood Drive; Revising Truck Restrictions on Tiedeman Avenue) o City Engineer 8:45 6. CONSIDERATION OF ADOPTION OF WASHINGTON COUNTY CODE, CHAPTER 5.12, EMERGENCY AMBULANCE SERVICE (EMS) o City Administrator 9:15 7. NON-AGENDA ITEMS: From Council and Staff 9:30 8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 10:00 9. ADJOURNMENT cw/8378D COUNCIL AGENDA - DECEMBER 19, 1988 - PAGE 1 COUNCIL MEETING MEETING UPDATE December 19, 1988 a o STUDY SESSION Agenda Review o WORKSHOP MEETING WI-1"H LIBRARY BOARD 1. BUSINESS MELTING: Call To Order and Roll Call Ea arrived 8:55 p.m. Call To Staff and Council For Non--Agenda Items Presentation to Mayor Brian - Key to the City & Gavel Plaque Presentatin to Joene Brian - Tigard Pin & Rose Bud Resolution 88-110 Honoring & Commending Mayor Brian for years of service to Tigard -Jo/Sc UA Resolution 88-111 Honoring Joene Brian for her years of service to Tigard - Br/Jo UA 2. VISITOR'S AGENDA No one 3. CONSENT AGENDA: 3.1 Approve Board & Committee Appointments - Resolution No. 88--112 (Amended - Removal of Phil Westover`s name; he advised he would be unable to serve.) 3.2 Approve CCPTF Extension of Appointments - Resolution No. 88-113 3.3 Approve Wash. Co.-Tigard UPAAgreement - Resolution No. 88-114 3.4 Receive & File: a. Certified 11/8/88 Election Results b. October Department Monthly Report - Community Development 3.5 Approve Final Order - Comprehensive Plan Amendment CPA 88-04 Zone Change ZC 88-•10 Mielnik NPO H5 - Resolution No. 88-•115 3.6 Final Order - Temporary Use TU 88--86, Variance V 88-31 KPSC/Key Bank of Oregon - Resolution No. 88-116 3.7 Approval of 9-1-1 Agreement - Resolution No. 88-117 3.8 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB): Copying Machines Adjourn LCRB Meeting; Reconvene Council Meeting Sc/Ed with 3.1 amended as noted above - UA 4. ANTON PARK ASSOCIATION PETITION - REQUEST FOR CLOSURE OF S.W. NORTH DAKOTA STREET IN AN'TON PARK (Tabled from the November 14, 1988 Meeting) Presentation by representatives of neighborhood group noting traffic volumes, safety concerns, and development issues Sc/Jo - Motion to call for Public Hearing to consider temporary closure of S.W. North Dakota Street; a recommendation from the Planning Commission and Transportation Committee would be welcomed by Council 5. THROUGH-TRUCK RESTRICTIONS - ORDINANCE NO. 88-37 Jo/Sc UA (Portions of North Dakota Street, Tigard Street and Springwood Drive; Revising Truck Restrictions on Tiedeman Avenue) 6. CONSIDERATION OF ADOPTION OF WASHINGTON COUNTY CODE, CHAPTER 5.12, EMERGENCY AMBULANCE SERVICE (EMS) Consensus to adopt 7. NON-AGENDA ITEMS: None 8. EXECUTIVE SESSION: Cancelled 9. ADJOURNMENT: 9:01 p.m. cw/8378D COUNCIL AGENDA - DECEMBER 19, 1988 - PAGE 1 T I G A R D C I T Y 0 0 0 N C I L At, REGULAR MEETING MINUTES - DECEMBER 19, 1988 1. ROLL CALL: Present: Mayor Tom Brian; Councilors Carolyn Eadon, Jerry Edwards, Valerie Johnson, and John Schwartz. Staff Present: Pat Reilly, City Administrator; Irene Ertell, Head Librarian (present for the Library Board Workshop only); Jill Monley, Community Services Director; Ed Murphy, Community Development Director; Catherine Wheatley, Deputy Recorder; and Randall Wooiey, City Engineer. 2. STUDY SESSION: a. Agenda Review: o City Administrator noted the need to amend the resolution as proposed in Agenda Item No. 3.1 to remove Paul Westover's name. Mr. Westover had advised he would be unable to serve on a board or committee at this time. o City Administrator highlighted several agenda items including the proposed Urban Area Planning Agreement with Washington County; the proposed 9-1-1 Agreement; and the proposed purchase of copying machines. o Cit- Engineer reported that the Anton Park Association agenda item was not a public hearing. He advised that Neighborhood Association representatives would be present and would ask to speak. The neighborhood proposed to close a portion of S.W. North Dakota Street. Staff would be recommending against closure; however, they would suggest alternatives. o City Administrator advised that the Environmental Quality Commission (EQC) has required that a plan be developed by February 15, 1989, for recyclable yard debris. Both METRO and Washington County have advised they would assist cities with a plan. After discussion, Council consensus was to notify Washington County that the City would work with them on this issue. It was mentioned that this may a good project to assign to the Utilities & Franchise Committee. o Council discussed the Tualatin Valley Economic Development Commission (TVEDC). Council consensus was to support Councilor (Mayor-elect) Jerry Edwards as Tigard's representative and candidate for service on the TVEDC Board of Directors. o Trammel-Crow Heliport Community Development Director reviewed the status of the heliport at the Trammel-Crow site (see memorandum dated 12/16/88 filed with the Council packet materials). City Council had requested another public hearing be held before the Hearings Officer because of questions 1 - COUNCIL MINUTES - DECEMBER 19, 1988 concerning the heliport and the fact that DEQ's decision concerning annual round trips per year was different from the City's requirement. Community Development Director advised that Staff had received a letter from Trammell- Crow stating revised approval on number of trips per year had been received from DEQ. The Hearings Officer's decision was now consistent with approval granted by DEQ and State Aeronautics. Community Development Director advised that no additional hearings were warranted. After discussion, Council consensus was that there would be no additional public hearings and that a letter of explanation was to be forwarded to the affected residents in the area. 3. WORKSHOP WITH LIBRARY BOARD a. Library Board Members Present: Amo DeBernardis, Chairman; Paul Hoefling, Jane P. Miller, Linda Monahan, Leslie Wismer. Library Staff Present: Irene Ertell and Georgeanne Miller b. Chairman DeBernardis updated Council on the Library's activities over the last several months. During the course of the workshop, the following items were presented and/or discussed: o Circulation continued to grow with over 200,000 items checked out. o As the collection continues to grow, it was expected that circulation would also continue to increase. o The importance of volunteers was noted. The Library continues to interface with the community in a positive fashion. o The Library would be looking to the future utilizing new technologies. o Library expansion would be needed soon if growth continues; satellite stations would be a possibility. The Board would 4L'tempt to visualize the future by taking a look at the "big picture" of Tigard's needs, estimate a "price tag," and lay out a plan. o Electronics may offset building needs; i.e., WILI can access collections throughout Washington County and the City of Portland. o Different, new media has come into demand; i.e., instructional videos and compact discs. o The Library would be 25 years old in May. The Board and Friends of the Library would be planning a celebration. o The Board would be reviewing the general operating efficiency of the Library; i.e., books not being used could be stored off- site. o Budget review for next fiscal year would also encompass the possibility of extending Library hours to include Sunday afternoons (1-5 p.m.). - COUNCIL MINUTES - DECEMBER 19, 1988 o Library currently has between 10-11,000 card holders. o It was reported that a study is underway to determine the feasibility of a Regional Lib, .ry to be administered by METRO. Council consensus was for the need to maintain local control and identity of libraries. o It was noted that Federal grant funds were not available at this time. o Goal of Library Board: "Every citizen in Tigard to possess a library card." o Tigard's collection size: approximately 48-49,000. o Student usage of the Library has increased. C. Library Workshop Adjourned: 7:14 p.m. 4. NON AGENDA ITEMS: a. Councilor Edwards presented to Mayor Brian the gavel the Mayor had used throughout his term of office. The gavel was mounted on a plaque and was given as a token of appreciation for his leadership of Council. Councilor Edwards also presented to Mrs. Brian a rose and a City of Tigard logo pin as a token of appreciation for her voluntary support role as the wife of an elected official. b. RESOLUTION NO. 88-110 HONORING AND COMMENDING TOM BRIAN FOR HIS YEARS OF SERVICE TO THE CITIZENS OF TIGARD. Motion by Councilor Johnson, seconded by Councilor Schwartz, to adopt Resolution No. 88-110. The motion was approved by a unanimous vote of Council present. C. RESOLUTION NO. 88-111 HONORING JOENE BRIAN FOR HER YEARS OF SERVICE TO THE TIGARD COMMUNITY. Motion by Councilor Brian, seconded by Councilor Johnson, to adopt Resolution No. 88-111. The motion was approved by a unanimous vote of Council present. 5. VISITOR'S AGENDA - No one spoke. 6. CONSENT AGENDA: Motion by Councilor Schwartz, seconded by Councilor Edwards, to adopt the following consent agenda with the Resolution as proposed for Item 6.1 to be amended to remove Mr. Phil Westover's name: 6.1 Approve Board and Committee Appointments - Resolution No. 88-112 (with Mr. Phil Westover's name removed). 6.2 Approve City Center Plan Task Force Extension of Appointments - Resolution No. 88-113. 6.3 Approve Washington County-Tigard Urban Planning Area Agreement - 3 - COUNCIL MINUTES - DECEMBER 19, 1988 Resolution No. 88-114. 6.4 Receive & File: a. Certified 11/8/88 Election Results b. October Department Monthly Report - Community Development 6.5 Approve Final Order - Comprehensive Plan Amendment CPA 88-04 Zone Change ZC 88-10 Mielnik NPO #5 - Resolution No. 88-115 6.6 Approve Final Order - Temporary Use TU 10-86R, Variance V 88-31 KPSC/Key Bank of Oregon - Resolution No. 88-116 6.7 Approve 9-1-1 Agreement - Resolution No. 88-117 6.8 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB); Approve Purchase of Copying Machines as Proposed in Staff Report; Adjourn LCRB Meeting; Reconvene Council meeting. The motion was approved by a unanimous vote of Council present. ANTON PARK ASSOCIATION PETITION - REQUEST FOR CLOSURE OF S.W. NORTH DAKOTA STREET IN ANTON PARK. (Tabled from November 14, 1988 meeting.) a. City Engineer updated Council on this agenda item. Residents of Anton Park have petitioned for closure of S.W. North Dakota Street at the north edge of Anton Park. In November, the Council received a written report from the City Engineer regarding a request for closure of S.W. North Dakota Street in Anton Park. City Engineer and Police Chief recommend denial of the request for street closure. Alternative safety measures were recommended in a report (see material filed with Council meeting packet) from the City Engineer. City Engineer reported he and the Police Chief have been working with the neighborhood for about a year with regard to their concerns. The petition requesting the closure is unusual because it's requesting the closure of a collector street; generally, a collector street status would be something that could not easily be changed. In this case, staff recommended this be reviewed carefully as there were some questions about the intent of the Comprehensive Plan Map and the neighborhood's presentation which represented that a unique situation exists in their neighborhood. City Engineer advised that if a Comprehensive Plan Map change were to be considered by Council, a formal public hearing would be required. The notations on the Comprehensive Plan Map were not conclusive with regard to this section of the street. City Engineer noted the Planning Commission and other bodies had reviewed the development when Anton Park was approved and built in 1984-85. At that time, both the City Engineer and the Planning Director had interpreted the map to require North Dakota Street to be put through as it was now. Because the officials and commissioners involved with approving the development had also worked on the Comprehensive Plan Map creation, City Engineer reported he relied on their interpretation and, Alp, 4 - COUNCIL MEETING - DECEMBER 19, 1988 therefore, agreed that the street that was there now was in agreement with the Comprehensive Plan. City Engineer advised that the issue before Council was whether or not to initiate a formal hearing process to consider changing the Comprehensive Plan to delete a portion of North Dakota Street from the Collector Street System. City Engineer advised this issue had been considered by NPO 07 the week before. Neighborhood representatives were also present and presented their arguments for street closure. After discussion, the NPO voted unanimously not to support the street closure, but strongly encouraged the City to work closely with the neighborhood to address their safety concerns. City Engineer outlined reasons for the staff's recommendation of denial of the request for closure. Staff's opinion was that the street should be kept open as part of the City's traffic circulation system to provide adequate traffic capacity and routes for emergency services. It was recommended that through truck traffic be eliminated on this street (Ordinance proposed in Agenda Item No. 5.). City Engineer further recommended that the City continue to strongly urge the State to improve Scholls Ferry Road. Once improved, City Engineer advised that he felt much of the traffic would be redirected on to Scholls Ferry Road. It appears this project will proceed in the 1990-91 construction seasons. Staff also has recommended that improvements be made to S.W. 121st; the Traffic Safety Bond Measure (approved by the voters in November) provided funding to accomplish this. (This would include improvements at the intersection of S.W. 121st and Scholls Ferry., City Engineer also advised that the City of Beaverton has considered a change to their Comprehensive Plan that would connect S.W. 121st and 125th (Sorrento Road) in Beaverton. Although this has been delayed a few months, City Engineer recommended that the City of Tigard go on record as being in support of this change. City Engineer advised that if Council should decide not to pursue closure of S.W. North Dakota Street, staff should be directed to continue to work with the neighborhood on other methods to reduce the traffic concerns. City Engineer reviewed with Council a map on display noting where the proposed street closure was located. b. Presentation by Anton Park Representatives: Jeanne Rohlf, 12430 S.W. North Dakota Street, Tigard, Oregon advised she would give background information concerning why the neigborhood 5 - COUNCIL MEETING - DECEMBER 19, 1988 believes the street should be closed as well as distinguishing factors which demonstrate why their street should not be designated as a minor collector street. Ms. Rohlf identified on a map where the closure of the street was being proposed. (See Anton Park Association letter to Tigard City Council dated April 20, 1988.) She outlined how area was being developed noting that much of the new development does not face S.W. North Dakota as does their subdivision. She noted the current and planned development in the vicinity which would impact the residential neighborhood. She advised the problem the residents have been encountering included the following: o Sorrento Street (aka: 125th Street), as a minor arterial, was designated to carry between 7,500 and 25,000 average daily traffic vehicles at a speed between 35-50 mph. This street feeds directly into S.W. North Dakota Street which was classified as a minor collector. Under the City of Tigard terms, a minor collector street was designated to carry 500 - 3,000 average daily vehicles at speeds of 25-30 mph. o Much of the traffic was stopping at the intersection of Scholls Ferry Road and S.W. North Dakota Street and then proceeding to S.W. 121st using S.W. North Dakota Street. This way, the motori,~ avoids two traffic signals. This traffic travels at a much faster rate than the designated 25 mph. Policemen who patrol the area advise the speeds are often in the 40-60 mph range. She said that traffic volume many times has been so high that it has been unsafe for police patrols to stop the cars. o Highlighted on the map for council review were markings designating the different types of streets throughout the City, including: arterials, major collector streets, minor collector streets. Ms. Rohlf advised that nowhere else in the City would you find a minor arterial feeding directly into a minor collector street. o The neighborhood's understanding of the Comprehensive Plan was that minor collector streets were intended to take traffic from local streets and deliver it to more major collector streets to provide access from residential areas to major streets. The neighborhood does not believe that the street usage on S.W. North Dakota Street is following the Plan. In fact, the street connection between a minor arterial and minor collector has created an incongruent nature for the street which automatically defaults to a higher level of usage. o Additionally, along S.W. North Dakota, there was the Summerlake Park access. Children riding bicycles to the park 41- 6 - COUNCIL. MEETING - DECEMBER 19, 1988 have not been afforded a safe route due to the high traffic IQ. volumes and excessive speed. o The neighborhood has felt the Police Department has been very supportive of the residents. There have been frequent patrols and concern expressed by individual police officers; however, the problem has not been rectified. o Traffic measures were reviewed; the State of Oregon figures with regard to capacity at the signals at intersections affecting S.W. North Dakota at Scholls Ferry indicate the usage has been maximized. Ms. Rohlf reviewed traffic figures which she estimated would result if the proposed cul-de-sac (street closure) were to be approved. Traffic figures recently obtained indicate the neighborhood has received about a 25% increase in traffic volumes since summer of '88. If all the lots become occupied in the area, it was estimated that vehicle trips per day generated by local traffic would be sufficient to continue to designate the street as a minor collector street. Mark Johnson, 11100 S.W. Tony Court testified that new figures on traffic levels puts the street at about 20% above the optimum level for a minor-collector street. Phase One of the subdivision was approximately 2/3 complete (with little activity over the last year) and Phasa Two remained undeveloped. He advised the neighbors were concerned that the reason the area had not developed as planned was due to the traffic situation. He said tax revenues would be lost should the area remain undeveloped. Mark LaMantia, 11110 S.W. 124th Avenue, Tigard, Oregon advised he was concerned about the procedural aspects associated with this situation. The issue appeared to be whether or not Council should hold a public hearing with regard to the closure of this road. The Association urged Council to initiate the public hearing process on the merits presented. If Council does not choose to initiate the formal hearing process, the recourse available to the neighborhood would be to file for a formal review before the Land Use Board of Appeals (LUBA). Mr. LaMantia advised that he felt the Association established their unique situation; no precedent would be set by the proposed road closure. He further explained that the situation, as the neighborhood has experienced it, has been that their street has served as a bypass from a major arterial to a major collector. This has been further 'Ar 7 - COUNCIL MEETING - DECEMBER 19, 1988 impeded by having a minor arterial from another City (Beaverton) Arl directly intersecting with their street. This situation does not exist anywhere else in the City. Because of the surrounding traffic designations, S.W. North Dakota automatically defaults to a higher level of usage; motorists are bypassing the routes which were designed to handle the traffic flow and using S.W. North Dakota Street as a short-cut route. Mr. LaMantia has been told by the Police Department that a high percentage of Beaverton residents have been issued tickets on their street. This was a further indication that the proper function of S.W. North Dakota Street has not been served. In meetings with the Police Department, City Engineer, and the NPO, everyone agreed a problem existed; however, no solution was agreed upon. He further advised that the closure of the street would force traffic to the major arterials and collectors where it was intended to go without taking undue traffic away from the existing intersections (also scheduled for future improvement). With regard to emergency vehicular access, Mr. LaMantia advised that the Fire Department stated it would function well enough should the City deem closure of the street was preferable. Other services also would not be negatively impacted. 41 The levels of usage would increase and the problems will worsen as development continues in surrounding areas. In response to a question by Councilor Johnson, Mr. LaMantia noted the following concerns with regard to the options presented by staff: o The Neighborhood Association would support the prohibition of through-truck traffic; however, through-truck traffic was not the primary focus of their problem. o The prohibition of all through traffic would be the primary goal of closing the road. Posting of signs would create an enforcement problem. o Improvement of sight distance could have the adverse effect of encouraging increased speed. o A traffic marking system such as buttons or speed bumps create problems for pedestrians and bicyclists as well as a noise disadvantage. o Planter islands brought forth concerns with regard to maintenance, design, and safety (i.e., visibility). 4 8 - COUNCIL MEETING - DECEMBER 19, 1988 o Current speed limits, if adhered to, would be consistent with speeds for a minor collector. Mr. LaMantia maintained that the above alternatives do not address the problem. The Association recommended Council hold hearings with regard to closure of a portion of S.W. North Dakota Street. Estes Iniedicur, 11150 S.W. 123rd Place, Tigard, Oregon, testified there were retirees in the neighborhood who were anxious about the current safety problems noting it was dangerous to cross the street. He believed the problem stemmed from motorists taking a shortcut to avoid two traffic signals. He suggested one solution might be to close the street on a temporary basis. Linda Schulz, 11105 S.W. Highway 240, Newberg, Oregon testified as the developer of the property. She noted the problems with sales of property because of the busy street and attributed at least one sale loss directly to the traffic problem. She also said that builders would not develop on this property until the issue had been resolved. Marcia Smythe, 11185 S.W. 125th Place also noted that with the traffic traveling so fast, it was difficult to cross the street safely, especially anywhere near the curve. (Note: Councilor Eadon arrived - 8:55 p.m.) Ar- c. Council consideration. Lengthy discussion followed among Council, staff, and legal counsel concerning options available. Based on the information presented, Councilors individually indicated approval of initiating public hearing proceedings for a temporary street closure. The street closure, if approved, would most likely be conditional upon future development and improvements to the traffic patterns both by the City of Tigard and the City of Beaverton. d. Motion by Councilor Schwartz, seconded by Councilor Johnson, to call for a Public Hearing to consider temporary closure of S.W. North Dakota Street; a recommendation from the Planning Commission and Transportation Committee would be welcomed by Council. The motion was approved by a unanimous vote of Council present. 8. THROUGH-TRUCK RESTRICTIONS - ORDINANCE CONSIDERATION a. City Engineer reviewed this agenda Item. (See Council Agenda Summary submitted and filed with the Council packet material.) b. ORDINANCE NO. 88-37 AN ORDINANCE AMENDING T.M.C. 10.16.051; PROHIBITING THROUGH TRUCKS ON PORTIONS OF NORTH DAKOTA STREET, TIGARD STREET AND SPRINGWOOD DRIVE; REVISING TRUCK RESTRICTIONS ON TIEDEMAN AVENUE; AND FIXING AN EFFECTIVE DATE. 9 - COUNCIL MEETING - DECEMBER 19, 1988 C. Motion by Councilor Johnson, seconded by Councilor Schwartz, to adopt Ordinance No. 88-37. The motion was approved by a unanimous vote of Council present. 9. CONSIDERATION OF ADOPTION OF WASHINGTON COUNTY CODE, CHAPTER 5.12, EMERGENCY AMBULANCE SERVICE (EMS) a. Mayor noted this item had been discussed during the Study Session portion of the meeting. Council consensus was to adopt the Code as presented. 10. NON AGENDA ITEMS - None 11. EXECUTIVE SESSION - Cancelled. 12. ADJOURNMENT: 9:01 P.M. Approved by the Tigard City Council on January 23, 1989. Deputy Recorder, City of Tigar ATTEST- or, City of Tigard 41 10- COUNCIL MEETING - DECEMBER 19, 1988 TIMES PUBLISHING COMPANY Legal 7_6787 P.O. BOX 370 PHONE (503) 684-0360 Notice ~r- BEAVERTON, OREGON 97075 Legal Notice Advertising City of Tigard • PO Box 2 3 3 9 7 • ❑ Tearsheet Notice • Tigard, OR 97223 • ❑ Duplicate Affidavit ~pp 119, • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Elaine Petrogeorge being first duly sworn, depose and say,l~iLtdPT tgo,&gvertising Director, or his principal clerk, of the a newspaper of general circYation ag defined in ORS 193.010 and 193.020; published at -gar in the aforesaid county and state- that the Citv Council Meeting Notice a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 successive and consecutive in the following issues: December 15, 1988 47 ell Subscrib nd sworn t efore me this c ember 16, 1988 I~ ary Public for Oregon My Commission Expires:9 / 2 0 / 9 2 r ^1 r; AFFIDAVIT, _ -'t ft a 1'LLl WGl 111 V1111G1U der, 13125'SW'Ha d ilv coUI 5.34E ~i3125 ti s s. - rte. 1 . CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed 0rd 11-? &v U i k- J? STATE OF OREGON ) County of Washington ) ss City of Tigard ) -50 e/-0 I, D Mk- Gku r e Z-6&.4-t- on -oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) -3-) which were adopted at the Council Meeting dated `lk'ceyr~~i~ / , ICI&g copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the 7~ day of . 1985• 1. Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and S.W. Durham Road, Tigard, Oregon Subscribed.and sworn to before me this or n day of Al-/-[ydrt~L~Fi~ 19Lp Notary Public for Oregon My Commission Expires: 14 AGENDA ITEM # - VISITOR'S AGENDA DATE ) a) i VH (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. ~n ~y n k Gtssn . NAME 6 ADDRESS TOPIC STAFF CONTACTED ~"l s "t ~~-n n2, ~ %L ~ f l a~ 3~ ~w rJ. ~~kaZ Or~h . V 1 I I~l0 S0 1211 U. l~r It t 6,fi 0 s W Tom (Ak<dTrl ~c r~ Ell rr Ate` ' S+u~ SC's5; vr-~ 12hg19-6 MEMORANDUM TO: Ed Murphy, Director of Community Development FROM: Keith Liden, Senior Planner RE: Trammell Crow Heliport DATE: 12/16/88 The purpose of this memorandum is to review the status of the heliport and to offer a recommendation relating to the City Council's decsion to hold another public hearing before the Hearings Officer regarding this matter. Before discussing the current status of this case, it is useful to review the events leading up to the Council's decision to have a second hearing. June 22, 1988: A public hearing is held by the Hearings Officer and the issues of noise and frequency of flights were discussed. July 6, 1988: The Hearings officer signed a final order with 13 conditions (copy attached). These conditions included stipulations regarding number of flights (max. 60 round- trips per month, 720 per year), limiting the approach path generally over Washington Square and Highway 217, limiting the hours of operation between 8:00am to 6:00pm daily, State Aeronautics Division approval, and Aar" helicopters used shall not exceed the noise level generated by the Bell 206L aircraft. July 11,1988: Staff notifies DEQ and State Aeronautics about the conditional use approval. July/August DEQ notifies the staff that the approval granted by the Hearings Officer is not consistent with DEQ's approved noise analysis (July 19th letter attached). The approval granted by DEQ was for a total of 520 round-trips per year - not 720. DEQ indicated that the City was only agency that had enforcement authority and the City conditions should be revised to allow a maximum of 520 round-trip flights annually. Based upon the discrepancy between the information submitted to DEQ and City, the staff determined that a second hearing was in order and notice was sent to nearby property owners as well as the NPO and CPO. A hearing date of September 1, 1988 was set. September: The hearing is cancelled until further notice and all entitled parties were notified. October: A letter was received by the City Council from Burke Thornburg and Ward Rader from CPA-4 requesting that the matter be reviewed at a public hearing before the City Council (copy attached). The Council directed staff to arrange a public hearing before Hearings Officer. A written response was sent to Mr. Thornburg indicating the Council's action and informating him that the hearing would only be opened to consider the issue pertaining to the number of flights and that the Council could not hold its own separate hearing (copy attached). November: Staff received a letter from Trammell Crow stating that a revised approval for 60 round-trip flights (720 per year) had been obtained from DEQ and that because of this, a second hearing was not justified. Nov.-Dec.: Staff confirmed that a revised DEQ approval was granted and the information presented to DEQ, in terms of number and type of aircraft and noise impact, was the same as that presented at the City's public hearing on June 22nd (revised DEQ approval attached). Since the facts in this case have not changed and the Hearings Officer's decision is consistent with approvals granted by DEQ and State Aeronautics, I recommend that no additional hearings are warranted. The confusion primarily resulted because of the applicant having two different proposals being reviewed si.multaineously by different agencies. If Council agrees with this recommendation, I strongly suggest that a letter of explanation be sent to all interested parties so they understand the rational behind the decision. 3, 1 1-11 11 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 19, 1988 DATE SUBMITTED: December 9, 1988 ISSUE/AGENDA TITLE: _ ,PREVIOUS ACTION: Board and Committee Appointments /l.] _ DEPT HEAD OKN, i I CITY ADMIN OK Board and Committee Appointments PREPARED BY: Donna Corbet REQUESTED BY: ALppointmerits Advisory Con). I INFORMATION SUMMARY The Appointments Advisory Committee met on November 30, and December 8, 1988, to interview 20 citizens who are interested in appointment or reappointment to a city advisory committee. At this time the Committee is recommending the following appointments: Committee Economic Development Com Park Board Planning Commission Name Sue Clark Jim Corliss Brian Moore Robert Pierce Joy Crouch reappointment reappointment reappointment reappointment new appointment Term Expires 1/16/90 1/16/90 1/16/90 1/16/90 1/16/89 Mariann Bither reappointment 12/31/92 Carolyn DeFrang reappointment 12/31/92 Harry Saporta new appointment 7/1/90 Transportation Advisory Coin. Ron Holland reappointment 12/31/90 Robert Waterman new appointment 12/31/89 Phil Westover new appointment 12/31/90 Barbara Zanzig new appointment 12/31/90 Utility & Franchise Adv. Com. Mark Irwin reappointment 12/31/91 Dan Walsh reappointment 12/31/91 Eldon Wogen reappointment 12/31/91 In addition, the Committee is recommending to the Planning Commission appointments of individuals to Neighborhood Planning Organizations. ALTERNATIVES CONSIDERED 1. Appointment of those individuals listed above. 2. Do not appoint any of the individuals listed above. 3. Appointment of selected individuals listed above. FISCAL IMPACT Not Applicable SUGGESTED ACTION Recommend alternative #1, to support the Appointments Advisory Committee recommendations listed above. dc:8353D RECEIVED Ali 12 1984 INVENTORY OF CITIZENS CITY OF jjGARO Suggested for Community Service DATE NAME, L.ISS RES. PHONE - ~3° ADDRESS- Cr7 ~~o Vi n~E~ ( BUS. PHONE L3& 31 LENGTH OF RESIDENCE IN TIGARD_ 4( /Z SUGGESTED BY WHERE DID YOU LIVE PREVIOUSLY? Nnl~142f ASrtINil, T6A EDUCATIONAL BACKGROUND _ 14 114tI/I1l n n! S1,9ff h('017D1TTOMAI CTATTIq AND BACKGROUND ORGANIZATIONS AND OFFICES _ T OTHER INFORMATION (GENERAL REMARKS) BOARDS OR COMMITTEES INTERESTED IN /,(/,~ZJC,/~ Zt~G~rL//11tit/C t~h'L'Ct~r~LS _ ;)ate Received at City Hall_ Dat:~ Int.erview%~d Date Appointed /-/6_ P Board or Committee INSIDE CITY __X---Aj PC (r, G'ITSIDE CITY PREVIOUS COMMUNITY ACTIVITY (),V/~ 7A Pdtfati d74khZ jP,4A,Sy,0S AiQ 3 t 4YL C 'OF TICriARD CITIZEN COMMITTEE INTEREST APPLICATION NAME: ~21P-rJ 17.,•2 -SI '~SS :i S Sw ADDRESS (RES.): :I ED o u , FI-C IqECEIVEO FES w'a 19~T CITY OF T14ARD DATE: RES. PHONE: (D2.O -CLc BUS. PHONE: (o4'J` X0-35\ ADDRESS (BUS.): 1 S aD C\ SUGGESTED BY: ~~C~►UrcSZIO~I- W RN LENGTH OF RESIDENCE IN TIGARD: c~V_tvzoQ-T FfdprlhUE's WHERE DID YOU LIVE PREVIOUSLY? ~d~~A `tRS1 ~O~[(A~fl EDUCATIONAL BACKGROUND: 17C~Z ~Z C~C~2~-L IL~.7 r~~rr ti n ~'a-l/~L. J lq, - \q-1 Z OCCUPATIONAL STATUS AND BACKGROUND:- lj 11 E E- ~~~~L~ 1ClL~~~le l7ESlC9r eC~~L-I"L3Y \9-18- ~Cl~~rcS~l`IY~1D-LO(Z l 18-20 - 11-12 ~ SEfZr.s~G6 HON LANG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS 41 CS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: 1M~ ORGANIZATIONS AND OFFICES i pip l -rTLF--- LC Y-.) INFORMATION (GENERAL REMARK : ML( ~-f -{1 1. ~ / C r 1 Y a 4N\~R_ r r~~ J_ ` RxLlOar .J X-e BOARC., CUMM[TCEES OR NPO INTERESTED IN• ~ Q Date Keceived ac CiCy Hall Dace lnCcrviewcd OaC¢ AppoiRCed dd Hoard, CoinwiCtcc, (It NPO c)ucsidc City _ (ns i<lc CiCy X - (03461)) C CITIZEN COMMITTEE INTEREST APPLICATION NAME: J Q V V. rWL ADDRESS (RES.): y,64-'5 ~ j&1V lib ADDRESS (BUS.): " ' ~r LENGTH OF RESIDENCE IN TIGARD: 2 WHERE DID YOU LIVE PREVIOUSLY? eR J e EDUCATIONAL BACKGROUND : /1 S n1 4 CITY OF TIFA RD OREGON i • DATE: '1 6 ' / ,reeler br'1Ye ~ R s PHONE: C - 6 2-`2 ~W st, W. PHONE: ~~GL~-9t7a1 L'~ f-1 '7 ~ U~ SUGGESTED BY: OCCUPATIONAL STATUS AND BACKGROUND: 010M,AQu~Ll Oct (le ms SIN S ll y~" A- t at, t e 1% 1. -I a_. 1 / / V/ n A 1 i A I„ -1-- . n. HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? CS THIS COMPANY LOCATED WITHIN YOUR NPO A REA (NPO APPL CANTS ONLY)? EVIOUS COMMUNITY ACTIVITY: yrd Me M h r - i1 A) AJ(7 C;r ee Je i~(JMPnIe)I~C'r dS 1 . ORGANIZATIONS AND OFFICES : - 2 _ i 61j-'1V13 'R2--P it ' P, N C 4 cal ~ i Sr. t y ('oU NCB , I - 00 I .t j k~ `Gc C~ 1^i.--,J CX- ~j 0D I Ike/G /~iG> r OTHER INFORMATION (GENERAL REMARKS) ( ` : _ Gl-fh GUMS t- Yj L~~Y e-h l~ CSR I•'; C~ BO RDS, COMMITTEES OR NPO INTERESTED IN: - ) J; - r U-)' uJl,; G Date received at City Hall ? _7 Date Interviewed Date Appointed Board, Committee, or NPO Inside City _x A; PO Outside City 2- cs/4772A 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 CITIZEN COMMITTEE INTEREST APPLICATION OREGON! 25 Years of Service 9961-1986 k DATE: NAME : ADDRESS (RES : ~I /3 SG/• T - y G~- RES . PHONE: S3 I ADDRESS (BUS.): BUS. PHONE: _ LENGTH OF RESIDENCE IN TIGARD: 4,(,V X. ✓ SUGGESTED BY: ii WHERE DID YOU LIVE PREVIOUSLY? 4-T~ti ~~~/9 EDUCATIONAL BACKGROUND: OCCUPATIONAL STATUS V_- HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? ` PREVIOUS COMMUNITY ACTIVITY: T= ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED 0- 02, Date received at City Hall Date Appointed 7 4 side City X _ en 1172W) irate interviewea Board, Committee, or NPO _ Outside City 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 r 0 - 1987, Ci' CITIZEN COMMITTEE INTEREST APPLICATION NAME: 01110J-6 / Yin 1~L1 . f j'i~CL~~q ADDRESS (RES.): ll& So G£). ThhG co e_ TikG e AS ADDRESS (BUS.): LENGTH OF RESIDENCE IN TIGARD: WHERE DID YOU LIVE PREVIOUSLY? /yj 7~-? q rf pC< EDUCATIONAL BACKGROUND: L1Lj ¢S S Cr ~°l~ P C~ OCCUPATIONAL STATUS AND BACKGROUND: /-.,2 / ~~cS~ /7 ✓PGf't ~G y b PPIU e OREGON 25 Years of SeMce 1961-1986 DATE: i'n RES. PHONE : 3 9- ee 0 F 3 BUS. PHONE:"" -SUGGESTED BY: 5;1 w X, 4/ S 17 ezc) 7 !zE / ~•f C~ ~ Q U e "L ~ h / /CY f- c^~ HOW LONG AVE YOU BEEN EMPLOYED WITH THIS FIRM? S THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? eREVIOUS COMMUNITY ACTIVITY: (/O/c~u ~PPf Jo Ak 74d ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS) : V u e A' -4t' d GJP / N is c e 2/ aK / L-7 i 1~i v L' e~~y-l7 Pnait AC -,4 t/,, Q W /ppiw~ 7P c°Zt r ~G 7 /GC - o C~u C` 'C~ Gr 1it r c-ri y7` c'zC f (3~~ k- /°fk- .0 .1 ty/t e ~ aI e- Qa 7e &1- 4L, BOARDS, COMMITTEES R NPO INTER~TED IN: ~/n o / fcf c' 7~c' liQfr%c ~Pa~e ~a ~arie~c✓~~-eatic.6L r e ~~h~v ~ ~y y ~.,.fPi~P.s'~~ ~ ./c e 1 ' 9V -1;4e .c-{i o ~e, / . c .t cS a'uS e a 6 :4e «/~/a ~n O isy~/a o c/ ~z i Date received at City Hall /U - Date Interviewed Date Appointed Board, Committee, or NPO Inside City X !J rr. outside City L172W) y 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 C CITIZEN COMMITTEE INTEREST APPLICATION NAME: ~.cJs~ ~c✓ J~-~~ ~~i~ir/ c~ ADDRESS (RES.): 9710 1;74Cycr1e6_ 7 ~,4,QD ADDRESS-.(-BUS..) : LENGTH OF RESIDENCE IN TIGARD: ~.ytA SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: ~7`u',y7' ~GC✓ OCCUPATIONAL STATUS AND BACKGROUND: yr • a~ • L _ .E)--. e~cy_<_ ss e--r-! ,OW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? _ S THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO 7" "C eov L APPLICANTS ONLY)? Q pp/ 1;9 ' PREVIOUS COMMUNITY ACTIVITY: /9~/c. e cS . IiKZ71'1 x. Iax- OD/« ORGANIZATIONS AND OFFICES : w o J cj A"d 1 / A- LcJ . - OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: d~--- - - - - - - - - - - - - Date received at City Hall . Date Interviewed I 'q 0 't T: q 0 P Date Appointed Board, Committee, or NPO Inside City f, Outside' City OREGON DATE: - 7- J a RES. PHONE: 413 jC-Oc35- BUS. PHONE: -4 -PIC i cs/4772A 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 C CITIZEN COMMITTEE INTEREST APPLICATION OREGON NAME: ~OBEQT yl/i~77'•~p~~A DATE: -,2 TV Y (f)Se RES. PHONE: a2q~P ADDRESS (RES.): ~~JQ•r S, W. 4;;eW ADDRESS (BUS.): v y 7,Q .1 y BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: B• S- C .z d3e.E • y' OCCUPATIONAL STATUS AND BACKGROUND: i15;kG107- ,oQW. NG,//5~~~/~ t-,Cnl. ~di1/TP~G729.P` Co~vsU,~Ti/yG •~,/s,2. HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? NS .340 S THIS COMPANY LOCATED WITHIN YOUR NPO'AREA (NPO APPL CANTS ONLY).?.~!W-R:5. IkIREVIOUS COMMUNITY ACTIVITY: iq7-eX C4MM/~'~S/QJ✓~P 1/G/~.P.~ ~/ST ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: Date received at City Hall Date Interviewed Date Appointed Board, Committee, or NPO(/,J~w C~17 Inside City k outside City cs/4772A 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 f CITIZEN COMMITTEE INTEREST APPLICATION NAME: /vN/L /P .S W~-'%- Ta LAc R DATE: ADDRESS (RES.): /03f~0 SuJ i~/G L L :'L-uJ TiGA,C'D 97223 RES. ADDRESS (BUS.): A7yc C /n/C. 2&01 C2ES7-y, cW DR Ny W 3LP- G BUS. LENGTH OF RESIDENCE IN TIGARD: /D yL`FAR S SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? &/qAl 'DZ/dE& WA , ReC7-L/91✓,0 6k- , EDUCATIONAL BACKGROUND: AS~~c'/ATES /~EG/C'~c /A/ TELE[/._sivn! P..,e,6D /LT/a/1/ f1CC/.'Cd/TcL7 AS "S~n,1.'C/, p!'OrCSS/Jnl.9L C'L/,Q/c~E/✓rL'J PU2SU/ U Gus"/Nc SS ,A/ I~uMHn / /'E3L`u/E C E C I ERSO/✓/yrEG) d/9 CyE6o,C `s //V OCCUPATIONAL STATUS AND BACKGROUND: 17 yE/~2S /i1/ PE/,-5,0A ✓EL -TyFE Gf1y,0t,MyS7-1-V IAI A5' 1W 'LO %f TRA/s1/in/C7~Dc dE~c+P~9C/~/T 9- SAf'ET ol. IN G'c!2/ZE~/T /D - YEAlc ,474 r,O R HSPEC73 Z)F Po517-10n/ /a5 PERSOn/AIEL /~IAn~AI,E~ HAdE 6EEi✓ /r✓dot UE~ /r~~ Acs J-,F1eS0WVeL 4e.6AK HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? /O Vg"IZS S THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? /UD PREVIOUS COMMUNITY ACTIVITY: ACT/&'E //VL'Oi-rJEMEn/T //V /3D Y SL1-,1-17 5 j nl"Enl T Off-3'1 En/% Gc- NE6U3'51?C7 RoTra2 y CC cl6 ; L/Try E LE/~GL/E G~v.2,C /n/ ~vrrG/E2 ORGANIZATIONS AND OFFICES: 12d'lR0 /YJEML3F2, PC4'50AIIVE1- AS56C/AT/DA1,' IWAA/y /aDMi/1:'ST2AT/dE ~U1 SCDU. T Ct.~UNC'/L Pe'S17-/e10 OTHER INFORMATION (GENERAL REMARKS) : L'c'MP~/T~~2 L/TC/zATE ; E/V.ic"> LE/~.2/V//✓6 "YHE SySTcM " ~ / //~/Tc2c ST c~ //1~ HELf'i/JCi Mti G'~~MG~rt!/T~> . N 7 c✓%/E2 r 4fA,11j / !__'A/✓ BOARDS, COMMITTEES OR NPO INTERESTED IN: /N 4.+1,1711 /b/l G'llsy Sc:NE04~L t Date received at City Hall Date Interviewed Date Appointed Board, Committee, or NPO Inside City X ,A,' P C I , Outside City cs/4772A 13125 SW Hall Blvd., RO. Box 23397, Tigard, Oregon 97223 (503) 639-4171 CITY OF OREGON 11-26-89 PHONE: 6 ZO-68 fb PHONE: 539-?11-71 IiY r ' ~YU dFTI(,ARD v CITLz9N COMMITTEE INTEREST APPLICATION NAME: N1 ARK A. ~FZw1U1 ADDRESS (RES.): 11135 SW lar,u'' Ply-_ j1gc,-cl a•7 L7.,3 ADDRESS (BUS.): q0p SLU. 6~ _ Fo AUG p~,(1986 uq q DATE: RES. PHONE: BUS. PHONE: ~,10.OSlS~ 3 LENGTH OF RESIDENCE IN TIGARD: 2 ri1AVtI.1~S SUGGESTED BY: A WLkapt WHERE DID YOU LIVE PREVIOUSLY? wekb LP-nrn o'-EDIICATIONAL BACKCROUND: Q.S. fA Acc.)byK iI A L)n; `G1S.1tA ok ~r44Dn Sol1A lit' OCCUPATIONAL STATUS AND BACKGROUND; _~erb~~tst~ PUb~1C #~cGOUh~km~ AS 1d0.~►ti-F _ Cnr+i'rolter avid ~~~o~►~tng 11'lA.~.ns~e.r I~'ta.~k~,b a 0n.~, ~cn'~am~. 4r V v I 4~8c- P~;t~, w~►l~ovzz _(.,PA`g . R~g3-- ylgb, HOW KONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 3 AtoA4s I db-,THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? 0, 4 PREVIOUS COMMUNITY ACTIVITY: ORGANIZATIONS AND OFFICES: - OTHER INFORMATION (GENERAL REMARKS): 1 ~Grt ppn-{-~C~ba n i1~Y>~lA ~oj cMt ox ~ls ( CI -N _ A q, lls 100 ro 1 IGr a A"4. --t-. n. „ . 1 A. 'n -L• ~.unQ. YM~('M t S Y v ' D ISO DS. COMMITTEES OR NPO INTERESTED IN: mI-ge<- ate Received at City Hall Date Interviewed -67 g b~ c Appointed Board, Committee. ot NI'O de City Outside Cicy IV n:. CITIZEN COMMITTEE INTEREST APPLICATION NAME: ADDRESS (RES•): A ND ADDRESS (BUS.): SUGGESTED LENGTH OF RESIDENCE IN'TIGARD:. WHERE DID YOU LIVE PREVIOUSLY? EDIICATIONAL BACKGVLOUNDC / ~b L.a G 550 OCCUPATIONAL STATUS AND. B9q=OIIND:.i HOW LONG HAVE YOII BEEN keLOYED• WITH THIS -FIR21? MOS' i .IS THIS COMPANY' LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? pREVIOIIS .COMIUTNZTY. ACTIVITY:' +t e ~ r ~.n n in . t 2! 4 ORGANIZATIONS AND OFFICES: ~~5 W mo'd' PD R-"~ C~-"~® PAR JC OTHER INFORMATION (GENERAL REMARKS): ~1 .a~i3 6 b n .BOARDS, COMMITTEES Od luo INTERESTED IN: _ ~/S ~e A'~ s•~ Date received at City Hall Date Interviewed ! ~a O b 0 Date Appointed dt~/ / Fl8 Board, Committee, or NPO.3 Inside City Outside City cs/4772A 13125 SW Hall Blvd., p.0 Box 23397, Tigard, Oregon 97223 (503) 639-4171 OREGON DATE: RES.. PHONE: a5383 BUS.. PHONE: .(~,,Qr$S- u A -A N OF TIFA RD NAME: ~l doA r ;3630 ADDRESS (RES.): ADDRESS (BUS.): `I)40 S ty a,:~a. - DATE: 2/? 5-1 06 7 RES. PHONE: ( 63y- (o BUS. PHONE: 63c(-,3 ( 3 `e LENGTH OF RESIDENCE IN TIGARD: yrS SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: Q ~J 5 n s ftn ~a~~d S t',n, ,rsAu OCCUPATIONAL STATUS AND BACKGROUND: HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 4-v5- I 1:HIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: sc:PVe.c~ o.A wc' .1 d- - klkk-" Lo ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): 11 4 1S . COMMITTEES OR NPO INTERESTED IN: 1 (mac. A Spa e%A ~ - c► r1/L~~~ Date Received at City Hall Date Interviewed ~r% - Ti ff` Uatc Appointed Hoard, Committee, pit N110 Inside city X ,U n(1' Outside City f T CITIZEN COMMITTEE INTEREST APPLICATION (0346p) C CITIZEN COMMITTEE INTEREST APPLICATION \ OREGON NAME: SA R-RA-kA gc,674 i DATE: ADDRESS (RES.): IM05 W 3rd Ave Tigard 971Qa3 RES. PHONE: ADDRESS (BUS )r~Sbt~ I ~In g70~a BUS . PHONE: (o$S- 1,34 LENGTH OF RESIDENCE IN TIGARD: VIn SUGGESTED BY::F(-, WHERE DID YOU LIVE PREVIOUSLY? ~klLS,~D V EDUCATIONAL BACKGROUND: STATUS AND BACKGROUND: HOW LONG.HAVE YOU BEEN EMPLOYED WITH THIS FIRM? Int UP1Ll"5 Aff' 3 THIS COMPANY LOCATED WITHIN YOUR _N" /~POA~REA (NPO APPLICANTS ONLY)? • V',0 PREVIOUS COMMUNITY ACTIVITY: jgaAL l _d Firig 1/~(', ~u C if PGO-'\ . Ar- ORGANIZATIONS AND OFFICES: ~b ~1 T OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: Date received at City Hall .3-0,4-9? Date Interviewed S~a b(S P Date Appointed Board, Committee, or NPO Inside City ~ -:;tt 0(~" Outside City cs/4772A 13125 SW 1*311 Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 ~.z Force Appointments PREPARED BY: Donna Corbet DEPT MEAD OK CITY ADMIN OK V, 1 REQUESTED BY: Appointments Advisory Com. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _December 19, 1988DATE SUBMIT'I"ED: ISSUE/AGENDA TITLE: PREVIOUS ACTION: Extension of City Center Plan Task;! December 9 1988 City Center Plan Task Force Appointments are expiring and need to be extended. INFORMATION SUMMARY The City Center Plan Task Force is continuing work on the City Center Plan. The term of office as set by the originating Resolution No. 86-134 established appointment until 12/31/87, to be extended if necessary. According to that resolution they can be extended for one year at a time. In January, 1988, Resolution No. 88-05 extended these terms through December 31, 1988. It is now necessary to extend these terms for one more year. The attached resolution will extend these terms through December 31, 1989. ALTERNATIVES CONSIDERED FISCAL IMPACT Not Applicable SUGGESTED ACTION Recommend approval of the attached resolution extending terms for City Center Plan Task Force members. dc:8353D . 33 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 19, 1988 _ DATE SUBMITTED: December 9,.._1988 ISSUE/AGENDA TITLE, Urban Planning PREVIOUS ACTION: Council Discussion. Area Agreement UPAA With on July 21, 1988 PREPARED BY: Elizabeth A. Newton Washington Cou t /4 DEPT HEAD OK CITY ADMIN OK, 7 REQUESTED BY: Community Development Should the City Council adopt the attached Urban Planning Area Agreement with Washington County. The only change is the addition of Section IV. B. INFORMATION SUMMARY Attached is a memo outlining issues relevant: to the Urban Planning Area Agreement. Also attached is a resolution which, if approved, adopts the Urban Planning Area Agreement. The agreement is attached to the resolution as Exhibit "A". For background, a copy of the July 21, 1988 Council minutes is provided. ALTERNATIVES CONSIDERED AD' 16 1. Approve the attached resolution adopting the new agreement:. 2. Terminate the agreement by not adopting the attached resolution. FISCAL IMPACT As outlined in the attached memo, the feasibility study required in the new agreement will have fiscal impacts. SUGGESTED ACTION Approve the attached resolution adopting the new agreement. br/8365D n C Zb: Pat Reilly, City Administrator Frain: Ed Murphy, Director of Community Developmen Re: Urban Planning Area Agreement (UPAA) with Washington County Date: December 8, 1988 I. OVERVIEW: A. Simanar . The Urban Planning Area Agreement between the City and Washington county expired on November 8, 1988. The County Board of Commissioners adapted a new agreement on October 25, 1988. Contained in the new agreement is language requested by the City requiring the City and the County to mutually study the feasibility of expanding the City's "active planning area,, and cost effectiveness of the City providing planning and development services to that expanded area. B. Policy Indications. The Urban Planning Area Agreement between the city and Washington County provides a vehicle for the two jurisdictions to formally set forth the means by which coordination w3.thin the City's active planning area and "area of interest" will occur. The new agreement attached, if adapted by the City Council, will commit the City and the County to canpleting the feasibility studied referred to above prior to t of Periodic Review in April 1989. C. Financial Implications. The feasibility study required in the new agreement will involve both City and County staff time to complete. One alternative to using existing staff resources would be using an outside consultant funded equally by the City and the County to conduct the study. The county staff is in the process of - Prm;n. haw extensive the study may be by compiling information to estimate the level of planning and development activity anticipated in the study area. D. Recommendation. It is recamreerxled that the City Council adopt the attzched Urban Planning Area Agreement with Washington County. It is further recommended that staff be directed to proceed with the feasibilty study. II. ANALYSIS: A. Bachground. The Urban Planning Area Aunt expired on November 8, 1988. The City and County held disscussions over the course of the summer to reach consensus on the new agreement. Due to provisions contained in the Washington county charter, the review was limited to coordination p ocedurese the boundaries of the "area of interest" and other minor modifications necessary to clarify the agreement. On July 21, 1988 the City Council met to dissaiss the Urban Planning Area Agreement. At that meeting, city staff recommended that the entire UPAA be opened for review and the following issues be addressed: o adjustment of the Active Planning Area Boundary; o review of multi-jurisdictional issues; o determination of development standards. In addition staff asked the Council to consider: o Changing the Active Planning Area boundary; and o Re-defining what the Active Ply ni ng Area boundary means. After general discussion about issues in the Active Planning Area, Council consensus was to pursue expanding the Active Planning Area and redefining the scope of the Area of Interest. It was agreed that discussions about these issues, among others should be held with the County Board of Ca[missioners. The Board of County Commissioners and City Council were not able to meet prior to the expiration of the Urban Planning Area Agreement. In order to ensure that the issues raised by the City Council would be addressed, City staff proposed the following language4 be added to the new UPAA: "Prior to the commencement of priodic review for the City of Tigard and the County's Urban Areas (April, 1989), the City and the County shall mutually study the following topics: 1. The feasibility of expanding the "active planning area" to include the current "area of interest" and assiigning land use planning responsibility to the City. 2. The feasibility and cost-effectiveness of the City and the County contracting to provide building inspection and plan review services, administer development codes and collect related fees within the active planning area. Proposed revisions to this agreement shall be considered by the City and the Countyn as soon as analysis of the above topics is cagplete, subject to the time constraint and other requirements of the County's land use ordinance hearings and adoption process. The County staff presented the new UPAA with the addition proposed by City staff to the Board of Commissioners. The Board adopted the new agreement on October 25, 1988. County and City staff have met to outline a process and issues to be add em-sad in the feasibility study. It is anticipated that as a -r melt of the feasibility study, otner inconsistencies contained in the UPAA will need to be revised. Proposed revisions will be presented to Council upon completion of the feasibility study. B. Alternatives Considered. Some of the options considered by staff are as follows: 1. The City Council could adopted the attached Urban Planning Area Agreement as adopted by the Board of County Cc nnissioners . Adoption of the 4C aWNIMmIt would require the City and county to conduct a feasibility study which would address she issues raised by City Council at the July 21, 1988 meeting. Resolution of those issues prior to catmercement of periodic review will clearly define jurisdictional responsibilities in that effort as well as C provision of development services. 2. The City Council could terminate the UPAA with Washington County by not adopting the new agreement. The staff has determined that the best interest of the City would be served by adopting the attached agreement. City staff would have preferred a new agreement which addressed all of the inconsistencies found in the recently expired agreement and more clearly defined jurisdictional responsibilities In future planning and the provision of development services. The feasibility study required in the new agreement however, will address those concerns. III. CCNCI;JSICNS: Adopting the attached Urban Planning Area Agreement has policy implications and potential flnanClal implications. The benefits to resolving issues of concern to the Council and the future of the Tigard community seen to support Council adoption of the agreement. C Councilor Johnson noted costs for services should be incorporated in the contracts. She concurred with Councilor Eadon's remarks concerning a change in policy. Mayor Brian noted he also wanted the City to recover the costs for services rendered in contract agreements. He said he would be wi-lling to talk about the policy issue concerning dispatch consolidation at a later time. Councilors Schwartz and Edwards acknowledged- and. supported the Council vote approving: the second police...dispatch,,. console recorded at the July 18, 1988 Council meeting. Staff was directed to proceed with the purchase of the second dispatch console. MAYOR DISCONTINUED PARTICIPATION IN COUNCIL DISCUSSION VIA SPEAKER PHONE AT THIS TIME. 4. COUNTY/CITY UPAA UPDATE - ACTIVE PLAN a. Acting City Administrator advised Council (see July 18, 1988 memorandum in meeting packet) that a good understanding of the Bull. Mountain/Walnut (BM/W) - report was critical. . Most, ,po.ss ble•_._ annexation lies in the BM/W direction and developmental pressures were imminent there. b. Council and the Community Development Director reviewed several maps depicting the Urban Growth Boundary, the Active Planning Area Boundary, and the (Primary) Area of Interest Boundary. C. Senior Planner Newton and Community Development Director discussed the following ideas and definitions of the different A types of boundaries around the City of Tigard: o Urban Growth Boundary - The boundary that identifies and separates urbanizable land--from rural land. Land determined to be necessary and suitable for future urban uses. Land that can be served by urban services and facilities. Land that is needed for the expansion of an urban area. o Active Planning Area - All incorporated area plus contiguous unincorporated areas where the City conducts comprehensive planning • and... regulates development to the greatest. .extent•.- . . possible. City is responsible for comprehensive planning. City is responsible for preparation, adoption, and amendment of a public facility plan as required by OAR 660-11. County approval of development actions are contingent upon ' provision of adequate urban services. Page 3 = COUNCIL MINUTES - JULY 21, 1988 County will not oppose annexation into the City. County approved developments must provide an enforceable plan for redevelopment to urban density consistent- with the City's Comprehensive Plan upon annexation. 4r o (Primary) Area of Interest - Unincorporated land contiguous to active planning areas where the City does not conduct comprehensive planning but the City maintains an interest in comprehensive planning and development actions by the County. . County is responsible for comprehensive planning. County is responsible for preparation, adoption, and amendment of a public facility plan as required by OAR 660-11. County and City shall provide information on planning and development actions to CPOs/NPOs. City can not require annexation as a condition to the provision of urban services. City must rezone annexed land consistent with County zoning, not to be changed for at least one year. Community Development Director reviewed his approach to the annexation policy issue. He advised that long-range goals should be identified first. Community Development Director noted staff would wait for policy direction from Council before researching the issues more thoroughly. Community Development Director advised that the County agreement concerning urbanized area would expire soon. He recommended that the entire agreement be opened for review and the following issues addressed: o adjustment of the Active Planning Area boundary; o review of multi-jurisdictional issues; o determination of development standards (who processes and who administers). The Active Planning Area would be a desirable designation for those areas which are likely to choose to annex to the City; this way, ..the- -City would- .have -an -opportunity. -to be.-involved :wUh planning. Community Development Director asked the Council to consider: o Changing the Active Planning Area boundary; and o Defining what the Active Planning Area boundary means. Page 4 - COUNCIL MINUTES JULY 21, 1988 4 Community Development Director suggested that the Active Planning Area's new definition be more aggressive than it is now. There was general discussion about issues in the Active Planning Area. Some of these issues included: o Developed areas are more likely to request annexation; less developed areas sometimes resent- annexation exploration. o Councilor Eadon noted that transportation and drainage issues were of concern to people in the Bull Mountain area who have been following the issues. There was wa growing frustration on the lack of planning in this area. o Some areas are not paying for City services but are deriving benefit because of their proximity. o No one is planning for parks in the Bull Mountain area. o Maintenance services are not being provided in some of the more urbanized areas. Councilor Edwards agreed to the rationale of extend.i.ng.the Active Planning Area boundary. He reaffirmed that the City should pursue annexation of areas for those people who have expressed a desire to annex to the City of Tigard. Council consensus was to pursue the Community Development Director's proposal of expanding the area and redefining the scope of the area of interest. This issue should be discussed with the County Commissioners, CPO members, and the LCDC for a procedural process check. It was suggested that the Mayor be asked to contact County Commissioner Rogers for preliminary discussion. Council consensus was -that other issues previously assigned°to- staff work programs (i.e, parks and downtown development) would remain as higher priorities over the discussions noted above. Council consensus was that a variety of issues should be discussed with the County Board of Commissioners. A joint meeting scheduled in September (the Urban Planning Area Agreement expires November 9, 1988) would be desirable. The Mayor would be asked to discuss arrangements for a joint meeting with Commissioner Rogers. 4. ANNEXATION POLICY DISCUSSION a. Acting City Administrator- reviewed the annexation policies with regard to fees. She noted that sometimes the fees pose a barrier to those interested in annexing to the City. Page 5 - COUNCIL MINUTES - JULY 21, 1988 41 b. Assistant City Administrator distributed a comparison of annexation fees. (See chart in the Council meeting packet.) Generally, those communities actively welcoming areas into their City limits did not charge fees and paid the Boundary Commission fees for the developer. It was noted that once annexed, any expenditures would be recovered over time. After lengthy discussion, Council consensus was as follows: o All City fees will be waived for annexation applications. o The City will pay Boundary Commission fees for property within the Active Planning Area. o The City will not pay Boundary Commission fees for property within the Area of Interest. o Council would review this policy after one year. o For those annexations which occurred during the 1987-88 fiscal year, annexation fees would be refunded as follows: Active Planning area: 50 percent of both the City and Boundary Commission fees would be refunded by the City of Tigard. Outside Active Planning area: 50 percent of the City fee would be refunded; none of the Boundary Commission fee would be refunded. i o For those annexations which occurred prior to 1987-88 fiscal ~ year, no refunds would be offered. c. Acting City Administrator advised that a ordinance would be prepared for Council consideration reflecting this change- in policy, at the August 8, 1988 meeting. 6. ADJOURNMENT: 10:05 p.m. i Approved by the Tigard City Council on _ 1988. Deputy Recorder - City of- Tigard ATTEST: Mayor - City of Tigard cw/6213D ` Page 6 - COUNCIL MINUTES - JULY 21, 1980 MEMORANDUM CITY OF TIGARD, OREGON C TO: Honorable Mayor and City Council Respond By FROM: Loreen R. n Wilson, City Recorder 11,13 yJ"~ X For Your Information DATE: December 1, 1988 J Sign and Return SUBJECT: November 8, 1988 General Election Results - Tigard Issues The City is now in receipt of the official election results from the November 8, 1988 General Election. 80.4 percent of the registered voters in Washington County turned out to vote, with 78.9 percent of the 16,897 registered voters in the City of Tigard voting. TOTAL COUNT RESULTS NOVEMBER 8, 1988 ELECTION ISSUE TOTAL % BASED ON YES/NO % BASED ON VOTES BALLOTS CAST TOTAL BALLOTS MEASURE 34-5 Maj. Streets Traffic Imp. Bond YES 7,325 59.64% 54.94% 41 NO 4,958 40.36% 37.19% Over Votes 6 .05% Under Votes 1,043 7.82% MAYOR POSITION Gerald (Jerry) Edwards 7,501 N/A 56.26% Over Votes -0- -0-% Under Votes 5,831 43.74% COUNCIL POSITION #1 Edward A. Egging 1,169 17% 8.77% Joe Kasten 3,324 49% 24.93% Mark Padgett 2,333 34% 17.50% Over Votes 208 1.56% Under Votes 6,098 47.24% COUNCIL POSITION #2 Valerie A. Johnson 6,990 N/A 52.43% Over Votes -0- -0--% Under Votes 6,342 47.57% As you will note, there was a higher than normal under vote this year. This is due in part -:.-o the presidential election being held at the same time. Further precinct breakdown information is available in my office, should you wish to study the results in more detail. 4g lw/8220D 3, CL . a C 3.4-( b. Community Development Department October, 1988 Report TO: Pat Reilly, City Administrator December 9, 1988 FROM: Ed Murphy, Director of Community Development SUBJECT: October, 1988 Report I. BOARDS AND COMMITTEES A. Parks and Recreation Board On October 18, 1988, the Park and Recreation Board viewed a presentation by Murase and Associates, the Master Plan consultant. Recommendations for first priority improvements to the three city-wide parks were presented. There was consensus on the consultant's recommendations by the Board. In addition, the Board discussed possible park path projects that may be included in a levy recommendation to the City Council. Staff received direction from the Park Board to compile a list of cost estimates for projects to be included in the levy proposal. AW' B. City Center Plan Task Force On October 6, 1988, the City Center Plan Task Force and the Transportation Advisory Committee met jointly to review various options for routing traffic through the City Center study area. After a presentation by Wayne Kittleson, the transportation consultant, some options were dismissed from further consideration. On October 13, 1988, the City Center Plan Task Force held a workshop with the design consultants to consider design concepts for the study area. Two alternatives presented were favored for further study. The Task Force met in a joint meeting with the Parks and Recreation Board on October 18 to review recommendations for Phase I improvements to Fanno Creek Park. A consensus was reached that Phase I improvements should be concentrated at the Main Street end of Fanno Creek Park. On October 20, 1988, the Task Force met with the design team to review design concepts for the study area. The "Burnham Ash" alternative was preferred over others presented. The Task Force emphasized, however, that future options for light rail should be accommodated. In addition, the Task Force discussed possible improvement projects that could be undertaken to facilitate private investment in the study area. A - 1 - II. DEVELOPMENT ACTIVITY A. Current Planning This section issued 9 administrative decisions in October. In addition, three Comprehensive Plan Amendments/Zone Changes, one Sign Code Exception, and two Sensitive Lands Permit requests were reviewed through public hearings by the Council, Planning Commission, or Hearings Officer with assistance from the Planning section staff. Development applications are still being reviewed at a consistent rate. Currently pending are five development proposals that would add 558 apartment units and one 26 lot single family residential subdivision. In order to implement the sign amortization program, the staff is continuing to meet with business and property owners to bring nonconforming signage into compliance. At present, four Sign Code Exception or Variance applications to retain existing signs are pending. B. Building Permits Residential housing starts for the first time this fiscal year exceeded that of the same period for last year (October, 1988 28 new SFD; October, 1987 24 new SFD). Commercial activities continue to be strong (October, 1988 26 permits; October, 1987 23 permits). Building Permits X Single Family Permits Multi Family Permits Commercial/Industrial Value SFD Commercial Other FY 88-89 28 -0- 1 2,039,814 3,304,000 1,558,431 FY 87-88 24 -0- 1 1,800,306 4,117,772 1,156,149 Total Value 6,902,245 7,074,227 C. Engineering Services Five public improvement project construction plans are approvable and can be issued once fees are paid: Brittany Square No. 4 (value $108,000), Franklin Street (value $5,400), Locust Street (value $4,400), Tigard Park (value $167,000), Upper Boones Ferry Road (value $7,500). The total public improvement value of above mentioned "ready to issue" projects is $292,300. The public improvement permit for Morning Hill Addition (value $10,500) was just issued and work has commenced. PacTrust received permit(s) for public street and storm sewer improvement work at the west end of Kable Lane and, also, another for street and utilities improvement work along the west side of 72nd Avenue at Upper Boones (total value $36,400). Key Bank received a permit for public improvement culvert work at 72nd Avenue, between Baylor Street and Villa Ridge Way, and for street and sewer work at their 68th Avenue/Parkway site, south of Pacific Highway (total value $11,500). Work was immediately initiated at the PacTrust and Key Bank permit locations. The total value of above mentioned "just issued" projects is $47,900. - 2 - It is now apparent that with the onset of inclement weather, the present construction trend is for permit applicants to only initiate small jobs, usually in support of a given commercial use development site; large scale work, such as subdivision development, is nearly dormant. There are now thirty-three improvement projects in the construction performance stage (total value $4,066,778), twenty-one improvement projects in the maintenance stage (total value $3,177,298) and fifty-four "open" Street Opening Permit projects (total value $397,529). III. OPERATIONS AND MAINTENANCE A. Wastewater In the month of October, Wastewater crews installed 80 feet of 15-inch CMP on 100th near Sattler to complete a drainage project related to the Murdock Hill drainage easement vacation. Forty feet of 12-inch CMP on 95th Street completed two sanitary sewer repairs on Riverwood Lane. Inspected 2,814 feet and cleaned 5,252 feet of sanitary sewer. Cleaned 11,680 feet of storm sewer pipe, and 3,006 feet of open ditch digging and cleaning was completed. B. Parks Three hundred seventeen (317) man hours were spent on turf mowing, and 166 hours on the Summer Lake renovation. Construction of the storage shed at Cook Park is completed. One hundred sixty-two (162) hours of community service work were received. C. Streets Street marking program was completed, utilizing 156 gallons of traffic paint. Nand brushing program started in October and will continue through February. Patching program used 13 tons of asphalt. D. Shops Emphasis was made to keep Police vehicles serviced and on line. Public works vehicles are all in service but repaired only on an as-need basis, due to the fact that one mechanic terminated his employment with the City. E. Building Maintenance Twenty-eight RFAs were completed for the month of October, which included moving furniture and boxes over to the Chamber o." Commerce building, changed filters in A/C units, helped PD with some remodeling, moved office furniture around for various departments at Civic Center, and performed janitorial services daily. IV. CAPITAL IMPROVEMENT PROGRAM A. Greenburg/Tiedeman intersection: New signals placed in operation 11-3-88. ODOT has agreed to review signal timing on Greenburg at 217, to reduce backups and better coordinate with the Tiedeman signal. - 3 - B. Greenburg/Ash Creek bridge: Construction is slightly ahead of C schedule. The portion of the work most likely to cause traffic delays is completed. C. Pavement Overlays: All scheduled work was completed in October. D. Hillview Street Storm Drainage: All work is complete except for E. some minor cleanup. 135th Avenue LID: Construction was running ahead of schedule in October but had to stop until the telephone company completed removal of overhead lines. Telephone poles were removed November 15. Paving will now be completed as soon as we get a few dry days. F. Dartmouth LID: Attorney's office is proceeding with right-of-way acquisition. G. 79th Avenue Streetlighting LID: Streetlights were installed 10-28-88. H. Northeast Bull Mountain Transportation Study: County experienced some problems with the traffic projection program. We expect to have those problems resolved soon and be ready for neighborhood meetings in early January. (CPO requested no meetings in December, as attendance would likely be poor during the holiday season.) I. Road Bond: Staff is preparing a schedule for implementing the road bond. The schedule will be presented for review by Transportation Advisory Committee and Council in early December. J. Scholls Ferry Road: It appears that the next ODOT public hearing on the Scholls Ferry Road widening project will be scheduled for January. 1C br/3741P - 4 - Adr~ it, 2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 19, 1988__ DATE SUBMITTED: December 12, 1988 ISSUE/AGENDA TITLE: Mielnik /PREPARED ,PREVIOUS ACTION: Council Denial 7 1! 12/5/88 Meeting CPA 58-24/ZC 88-10 BY: Keith Liden DEPT HEAD OK CITY ADMIN OK i REQUESTED BY: INFORMATION SUMMARY On December 5, 1988, the Council denied a request for a Comprehensive Plan Amendment and Zone Change for Mielnik, and staff was directed to prepare a resolution. ALTERNATIVES CONSIDERED 1. Approve the attached resolution. 2. Modify and approve the attached resolution. FISCAL IMPACT SUGGESTED ACTION Adopt the attached resolution. br/8397D A 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY Awl AGENDA OF: December 19 1988 PATE SUBMITTED: December 12, 1988 ISSUE/AGENDA TITLE: Key Bank PREVIOUS ACTION: Council Approval TU 10-86/V 88-31 12/5/88 Meeting PREPARED BY: Keith Liden DEPT HEAD 0 CITY ADMIN OIG' REQUESTED BY: INFORMATION SUMMARY On December 5, 1988, the Council approved the extension of a Temporary Use for Key Bank and staff was directed to prepare a resolution. ALTERNATIVES CONSIDERED 1. Approve the attached resolution. 2. Modify and approve the attached resolution. FISCAL IMPACT SUGGESTED ACTION Adopt the attached resolution. br/8397D it CITY OF TIGARD, OREGON AW~ COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 19, 1988 DATE SUBMITTED: ISSUE/AGENDA TITLE: 9-1-1 Cost of PREVIOUS ACTION: Services Agreement 3:? December 12, 1988 J. Reil ')PREPARED BY: Patr DEPT HEAD OK CITY ADMIN OK REQUESTED BY: PO CY ISSUE Should the City enter into an agreement based on cost of services for Basic 9-1-1 with the Tualatin Rural Fire Protection District? «o INFORMATION SUMMARY Agreement has been modified to assure district payment of at least 90% of the stated 9-1-1 receipts distributed to the City. The not to exceed cap of 100% has been retained. Also section 4.2 has been modified from original draft, in order to provide an impasse resolution. District would provide for a lower minimum if maximum would be adjusted accordingly (e.g. 80-110% instead of 90-100%. ALTERNATIVES CONSIDERED 1. Approve agreement. 2. Reject concept of agreement. 3. Delay action pending. FISCAL IMPACT City has possibility of saving $7000 by agreeing to a cost of service payment and has accepted no risk of paying more than we receive. SUGGESTED ACTION Staff recommends approval of agreement. mh8384D CITY OF TIGARD, OREGON 4r RESOLUTION NO. 88- A RESOLUTION OF THE TIGARD CITY COUNCIL RATIFYING AN AGREEMENT FOR 9-1-1 SERVICES CONTRACT BETWEEN THE CITY OF TIGARD AND THE TUALATIN RURAL FIRE PROTECTION DISTRICT WHEREAS, the City of Tigard desires to contract with the Tualatin Rural Fire Protection District on a cost for services basis for the provision of 9-1-1 services; and WHEREAS, the City of Tigard and the Tualatin Rural Fire Protection District mutually agree to the terms of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tualatin Rural Fire Protection District will provide to_the City of Tigard 9-1-1 services as detailed in the Agreement for 9-1-1 Services which is attached and referenced as Exhibit "A". Section 2: The Mayor and City Recorder are hereby authorized to sign the city of Tigard/Tualatin Rural Fire Protection District Agreement on behalf of the City of Tigard, and the Recorder is further directed to file a copy of said Agreement with the Tualatin Rural Fire Protection District. PASSED: This day of ATTEST: Deputy Recorder - City of Tigard APPROVED AS TO FORM: City Recorder Date mh8379D 0 . 1988. Mayor - City of Tigard RESOLUTION N0. 88- Page 1 AGREEMENT FOR 9-1-1 SERVICES THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT is made and entered into by and between the City of Tigard (Tigard), a municipal corporation of the State of Oregon, and the Tualatin Rural Fire Protection District (the District), a municipal corporation of the State of Oregon. WHEREAS, Tigard and the District have completed a mutual Cost-of-Services Study for Basic 9-1-1 Services and a methodology for costing future services; WHEREAS, Tigard desires to contract with the District on a Cost-of-Services basis for the provision of 9-1-1 services; and WHEREAS, the District is agreeable to rendering such services on a Cost-of-Services basis per the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for under ORS 190.010 et seq. NOW, THEREFORE, in consideration of mutual promises and covenants herein contained, and contingent upon acceptance by all contractors of 9-1-1 services, it is mutually agreed as follows: 1.0 DUTIES OF THE DISTRICT REGARDING 9-1-1 CALLS 1.1 The District shall provide a 24 hour primary PSAP Basic 9-1-1 Center with sufficient labor and supervision to receive and transfer to the Tigard Police Dispatch Center 9-1-1 calls requesting police services within the corporate limits of Tigard; and to receive and dispatch or transfer to an appropriate dispatch center for dispatch 9-1-1 calls requesting fire and medical services within the corporate limits of Tigard. 1.2 The District shall operate and maintain telephone and other equipment and supplies as may be necessary to provide primary 9-1-1 services to Tigard. 1.3 The District shall promptly transfer to Tigard any and all 9-1-1 calls requesting police services; and promptly dispatch or transfer to an appropriate dispatch center for dispatch any and all 9-1-1 calls requesting fire or medical services. 1.4 The District shall promptly conference call with Tigard 9-1-1 calls that require a mutual police and fire and/or medical response. 1.5 The District shall maintain a log and report on a monthly basis: all 9-1-1 calls received; all "held" 9-1-1 calls (including mental health, poison center, etc.); all 9-1-1 calls transferred to the Tigard Dispatch Center; and all 9-1-1 fire/EMS calls for the City of Tigard. 41 1 - AGREEMENT FOR 9-1-1 SERVICES 1.6 The District shall provide telephone lock and ring back capability for purposes of telephone trace to identify telephone numbers and addresses for emergency purposes when requested by the Tigard Dispatch Center. The District shall notify the City in the event of any planned configuration changes relative to GTE service for ringback and telephone locks. 1.7 The District shall retain control of the rendition of 9-1-1 Primary PSAP Services, the standards of performance, the discipline of 9-1-1 personnel, and other matters incident to 9-1-1 services. 1.8 All persons employed in the performance of 9-1-1 Primary PSAP services and functions pursuant to this agreement shall be District employees. No person employed in the performance of 9-1-1 Primary PSAP Services shall have any Tigard salary, pension, or other status or rights under the provisions of Tigard employment practices or policies. 1.9 Tigard shall not be responsible for any salaries, wages, or any other compensation due to injury or sickness of any District employee. 2.0 DUTIES OF TIGARD REGARDING 9-1-1 CALLS 2.1 Tigard shall provide the District's 9-1-1 center with a description of the corporate boundaries of the City of Tigard and shall immediately advise the District's 9-1-1 center concerning any change in such boundaries. 2.2 Tigard shall provide and maintain at its own expense adequate telephone equipment to receive transferred 9-1-1 calls from the District's 9-1-1 center to Tigard's Police Dispatch Center. 2.3 Tigard shall provide and maintain at its own expense adequate telephone equipment on a seven digit telephone number for the handling of non-emergency telephone requests for police services directed to Tigard and to conduct normal business. 2.4 Tigard shall furnish and supply all labor, supervision, equipment, and supplies necessary to maintain and carry out the duties of Tigard as herein described. 2.5 Tigard shall maintain a log of all 9-1-1 calls received from the District at the Tigard Dispat_h Center, detailing the city of origin of each 9-1-1 calls and shall make the log available to the District on a monthly basis. f 2 - AGREEMENT FOR 9-1-1 SERVICES 3.0 ADVISORY COMMITTEE • 3.1 An Intergovernmental Advisory Committee shall be established by the District with representatives from each jurisdiction receiving 9-1-1 service. This committee shall be responsible for assisting in the establishment and review of operating procedures relating to 9-1-1 service; establishing plans, addressing technical, operational, and financial concerns to promote the most cost effective service; and establishing public education programs for use of the 9-1-1 system; and approving recommendations for equipment upgrades, procedure changes or upgrades to the level of service. 4.0 DISPUTES 4.1 Disputes or conflicts regarding the provision of 9-1-1 services which cannot be handled at the City Designee/9-1-1 Center Director level shall be resolved by mutual agreement of the Chiefs of the Tigard Police Department and the Tualatin Fire Protection District. 4.2 Disputes or conflicts regarding the provisions of 9-1-1 services - of the which cannot be resolved by mutual agreement of the Chief's Tigard Police Department and the Tualatin Rural Fire Protection District shall be submitted to the governing bodies of the City and the District who shall mediate the issue. The governing bodies may agree to utilize a neutral third party to facilitate the resolution of any dispute or contract. 5.0 PAYMENT 5.1 The District will charge and Tigard will pay $5.47 for each 9-1-1 call transferred to Tigard Dispatch Center for police dispatch within the corporate limits of Tigard, for each 9-1-1 call dispatched by the District or transferred to an appropriate dispatch center for dispatch for fire or medical services within the corporate limits of Tigard; and for a proportional share of the total "held" calls based on the proportion of calls transferred to Tigard Dispatch for police calls within the corporate limits of Tigard and the calls dispatched or transferred to another agency for dispatch for fire or medical services within the corporate limits of Tigard compared to the total calls requiring dispatch by any PSAP served by the District's 9-1-1 Center. 5.2 In no case shall the quarterly payment for 9-1-•1 services exceed or be less than 90 percent of the dollar amount of the quarterly 9-1-1 receipts of the state collected and distributed 9-1-1 funds distributed to the City. 5.3 Payment for this service will be made on a quarterly basis within 10 working days after the disbursement of state collected 9-1-1 funds and upon receipt by Tigard of the District's 9-1-1 log as described by 1.5 above for the quarter for which payment is to be made. The first payment is to be made at the end of the first quarter after the effective date of this agreement. The District shall not disrupt 9-1-1 service for Tigard's failure to pay without 30 days written notice. 3 - AGREEMENT FOR 9-1-1 SERVICES 5.4 Any costs associated with the upgrade of equipment, changes in procedure or upgrades in level of service approved by the Advisory Committee shall be the responsibility of the governmental entities receiving the benefit. The share of costs shall be determined by the Advisory Board based on the total 9-1-1 calls as determined in 5.1 of this agreement. 6.0 HOLD HARMLESS de ce«ct 0'A'd 6.1 The District hereby covenants and agreesA to hold and save Tigard, its officers, employees, and agents harmless from all claims whatsoever that may arise against Tigard, its officers, employees, or agents by reason of any act of the District, its officers, employees, or agents in the performance of the duties required by the terms of this agreement. 6.2 Tigard hereby covenants and agrees4to hold and save the District, its officers, employees, and agents harmless from all claims whatsoever that may arise against the District, its officers, employees, or agents by reason of any act of Tigard, its officers, employees, or agents in the performance of the duties required by the terms of this agreement. 6.3 The District and Tigard mutually covenant and agree that neither party will insure the actions of the other, but rather each party will assume its own responsibility in connection with any claims made by a third party against the District and/or Tigard. 6.4 The District and Tigard agree that nothing contained in this agreement is intended to limit the remedy, if any, of either party against the ether party, including claims under subrogation agreements with the party's insurance carrier to recover for damages to property or injury to persons caused by a party's negligence. 7.0 EFFECTIVE DATE AND RIGHT TO TERMINATE 7.1 The District and Tigard agree that this agreement shall be effective for a period of 12 months, commencing at 12:01 a.m. on the first day of July 1988, and expiring at MIDNIGHT on the last day of June 1989. In the event that either party desires to renew this contract upon the expiration thereof, the party so desiring shall notify the other party at least one hundred and eighty (180) days prior to expiration of the agreement. Within ninety (90) days after receipt of such notice, the parties shall review the compensation and any other provisions hereof, and agree to renew the agreement as it may be modified. If agreement cannot be reached, the contract will terminate as provided above. 7.2 This agreement may be terminated by either party without cause upon ninety (90) days prior written notice. NL 4 - AGREEMENT FOR 9-1-1 SERVICES A OREGON December 30, 1988 Ms. Diane Brandt WCCA 14490 S.W. Jenkins Road Beaverton, OR 97005 Re: 9-1-1 Agreement - TRFPD & City of Tigard Dear Ms. Brandt: As we discussed on the telephone today, enclosed is a replacement page for Page 3 of the above-referenced agreement which was forwarded to you on December 20, 1988. You'll note in section 5.2 the words "100 percent" have been added per the City's intent and understanding. City Attorney Tim Ramis advised this was clearly a scrivener's error and should have been inserted. Thank you for advising that the Board would be considering the Agreement at their January 11, 1989 meeting. If you have any questions, please give me a call. Sincerely, GL~ U Catherine Wheatley Deputy Recorder cw/8597D Enclosures c: Pat Reilly, City Administrator David Lehr, Chief of Police 11 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 3.0 ADVISORY COMMITTEE 1.1 An Intergovernmental Advisory Committee shall be established by the District with representatives from each jurisdiction receiving 9-1-1 service. This committee shall be responsible for assisting in the establishment and review of operating procedures relating to 9-1-1 service; establishing plans, addressing technical, operational, and financial concerns to promote the most cost effective service; and establishing public education programs for use of the 9-1-1 system; and approving recommendations for equipment upgrades, procedure changes or upgrades to the level of service. 4.0 DISPUTES 4.1 Disputes or conflicts regarding the provision of 9-1-1 services which cannot be handled at the City Designee/9-1-1 Center Director level shall be resolved by mutual agreement of the Chiefs of the Tigard Police Department and the Tualatin Fire Protection District. 4.2 Disputes or conflicts regarding the provisions .of 9-1-1 services which cannot be resolved by mutual agreement of the Chiefs of the Tigard Police Department and the Tualatin Rural Fire Protection District shall be submitted to the governing bodies of the City and the District who shall mediate the issue. The governing bodies may agree to utilize a neutral third party to facilitate the resolution of any dispute or contract. 5.0 PAYMENT 5.1 The District will charge and Tigard will pay $5.47 for each 9-1-1 call transferred to Tigard Dispatch Center for police dispatch within the corporate limits of Tigard, for each 9-1-1 call dispatched by the District or transferred to an appropriate dispatch center for dispatch for fire or medical services within the corporate limits of Tigard; and for a proportional share of the total "held" calls based on the proportion of calls transferred to Tigard Dispatch for police calls within the corporate limits of Tigard and the calls dispatched or transferred to another agency for dispatch for fire or medical services within the corporate limits of Tigard compared to the total calls requiring dispatch by any PSAP served by the District's 9-1-1 Center. 5.2 In no case shall the quarterly payment for 9-1-1 services exceed 100 percent nor shall said payment be less than 90 percent of the dollar amount of the quarterly 9-1-1 receipts of the state collected and distributed 9-1-1 funds distributed to the City. 5.3 Payment for this service will be made on a quarterly basis within 10 working days after the disbursement of state collected 9-1-1 funds and upon receipt by Tigard of the District's 9-1-1 log as described by 1.5 above for the quarter for which payment is to be made. The first payment is to be made at the end of the first quarter after the effective date of this agreement. The District shall not disrupt 9-1-1 service for Tigard's failure to pay without 30 days written notice. 3 - AGREEMENT FOR 9'-1-1 SERVICES C "•ZEMMf~ Z)btvl CiTZ Ol' = lGA: . 01 CAit)f+ O: Nat Reilly. I:ity A.drr:ir,istrator Respond r . Lehr Chief of Police 1;1 _._ror Your Information :~,vM: David ~ - DA1'E: December 22. i968 Si(xn and Return SU1 jE T : 9--1-1 Aureemenr_ :_,ecr ion 7:5. While reviewing Uke 9-1-1 agreement I riot:Lce-d that section J.G reads. ''in no case shall the quarterly paymenu f c•] -1 sere _ r es es:(::eed no)- shall said Ixtvluent be less than 90 pei -IT. of the .-loth-r :~Ina~u'It of 1-he quat-trrly receipts of the state coliectea Lilt: tl tStr']Y?U.CeCI 9-1--1 f,krids dlstribut.ea to the city. " The imvl iccation this section appears to be that we pay yt) uercent of the State coile•_ted arld ciistributea 9-i-i funds as a maximum and a minimum payment r'~a',]dless Of the actual cost. 'bile provision as now written seems to negate Section 5.1 and there_tore the concept of a cost or services agreement. Although I also ,e i i eve thc..t a 40% (n.lara nteed minimum. pay wren t also ne-crates the roncept of a cost of services agreement. but that is not at issue any longer given the agr Bement. for the Inirr]milm payment at. 90% in light of ray negot'!.atfon,:, witrl olane Bra!-t6t, of the Fire District, and our previous conversat.1.ons regarding this issue. I wonder ii this wordim reflects our intent.. it wouia appe~u- that. the provision. as now written, would work to our advantage and I have no problem with the lanrnrage if it truly rejects our necrotiations with the Fire District. If it does not it would seem that trl? worcjs "1.00 should appear- after the word... "exceed" in the first ilne of tna section. would appreciate yo1]r clarification of this issue for our own Our poses and as I am in the process of assisting the City of Durham in their negotiation of their 9-1-1. contract with the Fire bistrict anti would expect that the lanctuaae in their ,contract rerlect the language in ours, the clarification would lDe helpful. nn,,~~ j / c..6tz,rtC . s•'ri~'~ ' p-r of ,.~-'~~tJ~ /0 0 CIO /h-B'r' ~l.~l~ /,1.11i.~cL, .;h~,rnu~ •`~f ~'~~a-a- f~J~n✓ f~, tjd ,s(1-;tee.. e.,~.~6._.f~ ~7Lv ✓/.~a~v~ `7~ur.~ ,Q-~^..~ 3.0 ADVISORY COMMITTEE 3.1 An Intergovernmental Advisory Committee shall be established by the District with representatives from each jurisdiction receiving 9-1-1 service. This committee shall be responsible for assisting in the establishment and review of operating procedures relating to 9-1-1 service; establishing plans, addressing technical, operational, and financial concerns to promote the most cost effective service; and establishing public education programs for use of the 9-1-1 system; and approving recommendations for equipment upgrades, procedure changes or upgrades to the level of service. 4.0 DISPUTES 4.1 Disputes or conflicts regarding the provision of 9-1-1 services which cannot be handled at the City Designee/9-1-1 Center Director level shall be resolved by mutual agreement of the Chiefs of the Tigard Police Department and the Tualatin Fire Protection District. 4.2 Disputes or conflicts regarding the provisions of 9-1-1 services which cannot be resolved by mutual agreement of the Chiefs of the Tigard Police Department and the Tualatin Rural Fire Protection District shall be submitted to the governing bodies of the City and the District who shall mediate the issue. The governing bodies may agree to utilize a neutral third party to facilitate the resolution of any dispute or contract. 5.0 PAYMENT 5.1 The District will charge and Tigard will pay $5.47 for each 9-1-1 call transferred to Tigard Dispatch Center for police dispatch within the corporate limits of Tigard, for each 9-1-1 call dispatched by the District or transferred to an appropriate dispatch center for dispatch for fire or medical services within the corporate limits of Tigard; and for a proportional share of the total "held" calls based on the proportion of calls transferred to Tigard Dispatch for police. calls within the corporate limits of Tigard and the calls dispatched or transferred to another agency for dispatch for fire or medical services within the corporate limits of Tigard compared to the total calls requiring dispatch by any PSAP served by the District's 9-1-1 Center. 5.2 In no case shall the quarterly payment for 9-1-1 services exceed nor shall said payment be less than 90 percent of the dollar amount of the quarterly 9-1-1 receipts of the state collected and distributed 9-1-1 funds distributed to the City. 5.3 Payment for this service will be made on a quarterly basis within 10 working days after the disbursement of state collected 9-1-1 funds and upon receipt by Tigard of the District's 9-1-1 log as described by 1.5 above for the quarter for which payment is to be made. The first payment is to be made at the end of the first quarter after the effective date of this agreement. The District shall not disrupt 9-1-1 service for Tigard's failure to pay without 30 days written notice. 3 - AGREEMENT FOR 9-1-1 SERVICES } ~ Z f-v rr, 3 , d CITY OF TIGARE OREGON COUNCIL AGENDA.ITEM SUMMARY AGENDA OF: AGENDA r19, 19,^8 6 DATE SUBMI"TSUBMITTED: December 6 1988 ISSUE/AGENDA "TITLE: Recommendation PREVIOUS ACTION: for Copy Equipment I,REpARLD BY, Sherrie Burbank y DEP TED BY : Jill Monle I~ >T HEAD 0 CI"( 'Y ADMT.IU REQUE.~ PO ICY ISSUE LCRB action on expenditure of over $15,000 for copy related equipment. INFORMATION SUMMARY G In order to provide needed copy support services we recommend purchase of 3 new copy machines and a fax machine. i At this time the City owns four copiers which are located at different sites throughout the organization. Two of these copiers are well worn andyare requiring heavy maintenance. In addition, the combined copy capabilit of these machines does not meet the City's current copying demands. $20,000 was approved in the budget: for purchase of new copy equipment. This is in addition to $9,000 budgeted for the year in ongoing maintenance costs. An in-house study was conducted to examine the City's needs. Proposals were solicited and alternatives of lease, purchase, refurbish, or some combination thereof were examined. The purchase/refurbish arrangement will allow us to meet primary printing needs in terms of quality and speed. The initial cost of $17,475 will allow purchase of: Cancan NP-8570 Main Production Canon NP-4035 Engineering/Planning Canon NP-20155 Public Works Operations In addition, we propose purchase of a Canon FAX-350 machine for $2,695. Trade--in allowance on the two copiers we plan to excess is $300 which will be deducted at the time of purchase. The above equipment: should meet our copying needs as we now understand them for the next 3 years. There is a question about Police Department needs. For this reason, we are not recommending any new equipment; rather, we are placing an existing refurbished high volume, high quality machine in the department. This will be monitored over time to assure that Police needs are met. ALTERNATIVES CONSIDERED 1. Lease 2. Purchase 3. Refurbish existing equipment 4. Combination of any of the above FISCAL_ 1MPAGT Initial cost will be $20,180 for equipment acquisition and upgrade. Fst maintenance will be $2,300. Subsequent maintenance will be $9,000 per year for all City copy equipment. SUGGESTED ACTION Staff recommends Alternative 4 which would combine purchasing new equipment and refurbishing some existing equipment. dc/8285D 1 THREE YEAR COMPARISON OF NEW COPIER COSTS: LEASE VS PURCHASE Copier Package (Canon NP8570, NP4035 & NP2015S) Maintenance (Includes copy volume up to maximum of 63,000/mo - any excess charged separately) TOTAL COST OVER 3 YEARS Lease w/Purchase Option Purchase (at lease close) $22,875 $17,475 $25,776 $23,994 $48,651 $41,469 Notes: o We investigated outright rental of similar equipment but found vendors unable to rent any copy equipment for more than a 1-3 month basis. o The above maintenance prices are available under the state's government pricing package. The purchase cost is Canon's government rate. o Maintenance is less under the purchase option because the new equipment is under warranty for the first 120-180 days (time varies with copier). Therefore, we don't need to cover the equipment under a maintenance agreement until that warranty expires. dc/8285D 1-1 11 A C br/8344D AGENDA OF: December 19, 1988 ISSUE/AGENDA TITLE: Request for Closure of North Dakota Street in Anton Pa' Mi, DE DATE SUBMITTED: December 8, 1988 PREVIOUS ACTION: PREPARED BY: Randall R. Woolen _ REQUESTED BY: ICY ISSUE Residents of Anton Park have petitioned for closure of S.W. North Dakota Street at the north edge of Anton Park. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY INFORMATION SUMMARY In November, the Council received a written report from the City Engineer regarding a request for closure of North Dakota Street in Anton Park. An additional copy of that report is attached. Also attached is a supplement to the City Engineer's report. Discussion of the street closure request was deferred to the December 19th meeting at the request of the Anton Park property owners. Property owners have indicated that they would like to discuss this matter with the Council on the 19th. ALTERNATIVES CONSIDERED 1. Direct staff to prepare the necessary documents and schedule appropriate hearings to begin the formal process for closing the street, including revisions to the Comprehensive Plan. 2. Deny the request for street closure. FISCAL IMPACT Closing the street would increase the need for traffic capacity improvements on other streets. SUGGESTED ACTION City Engineer and Police Chief recommend denial of the request for street closure. Alternative safety measures were recommended in the November report from the City Engineer. SUPPLEMENTAL REPORT REGARDING IC TRAFFIC CONCERNS ON S.W. NORTH DAKOTA STREET WEST OF 121ST AVENUE Comprehensive Plan Page 2 of my original report states that the Comprehensive Plan Transportation Map does not call for connection of North Dakota Street between Springwood Drive and Scholls Ferry Road. However, information has been located which suggests that I may not have correctly interpreted the intent of the plan. In 1984 the City Engineer and the Planning Director, in their comments on SDR 22-84 (Meadowcreek Apartments), both indicated that the Comprehensive Plan called for a minor collector street connection of North Dakota Street with Sorrento Road (now 125th Avenue) at Scholls Ferry Road. Both of these gentlemen had been involved in the development of the Comprehensive Plan which was adopted in 1983. Therefore, their interpretation of the intent of the Comprehensive Plan is no doubt more accurate than my interpretation. Additional Meetings On November 22, 1988, the City Engineer and the Police Chief met with representatives of Anton Park to discuss the staff recommendations and options available to the property owners. The Anton Park property owners are scheduled to discuss their proposal with NPO #7 at the regular NPO meeting on December 14th. The Transportation Advisory Committee was advised of the street closure request in October and will be updated of the status of the request at the regular Transportation Advisory Committee meeting on December 8th. Anv recommendations of the NPO or the TAC will be presented to the Council on December 19th. Procedure Some questions have arisen regarding the procedure for Council review of the Anton Park request for a street closure. The item before the Council on the December 19th agenda is discussion of a staff report to the Council in response to the earlier petition from the Anton Park property owners. The item on December 19th is not a formal public hearing. Following discussion on the 19th, if the Council wishes to formally consider revising the Comprehensive Plan Transportation Map to allow closure of North Dakota Street, the appropriate action would be to direct staff to initiate the Comprehensive Plan revision. This would begin the formal process of NPO review, a Planning Commission public hearing, and a public hearing before the City Council. Alternatively, the Council could require that the property owners initiate the Comprehensive Plan revision and pay the associated application fees. Should the Council decide not to consider any revision to the Comprehensive Plan, no formal action is required; however, it may be desirable to document the Council's decision in the form of a motion denying the petition request. Should the Council decide to deny the petition request, staff has it, ANTON PARK REPORT - Page 1 recommended some subsequent Council actions, including adoption of additional truck restrictions, some general policies for future City actions, and some potential traffic engineering revisions to North Dakota Street. The proposed truck restrictions are before the Council in the form of an ordinance on the December 19th agenda. Council consensus on the policy statements would be adequate direction to staff in pursuing these policies. If Council concurs that traffic engineering revisions should be considered, staff would meet again with the property owners to work out the details of the proposed revisions and return later with any items requiring formal Council approval. Submitted December 8, 1988 By: Randall R. Wooley, City Engine br/8342D C ANTON PARK REPORT - Page 2 TRAFFIC CONCERNS ON S.W. NORTH DAKOTA STREET WEST OF 121ST AVENUE C Concerns of Residents: During the past year, we have received many calls and letters from residents of S.W. North Dakota Street in the Anton Park Subdivision west of 121st Avenue. The residents have been concerned about traffic volumes and traffic speeds along S.W. North Dakota Street. They have been especially concerned about the through traffic which is occurring in their neighborhood. On February 11, 19£3£3, the City Engineer and Police Chief met with the Anton Park residents to discuss their concerns and possible solutions. As a result of that meeting, additional directed police traffic patrols were implemented, revisions were made to traffic signing, and a Neighborhood Watch Group was formed in the Anton Park neighborhood. We had also agreed to suggest to the Council a prohibition on through truck traffic on North Dakota Street. In April, a petition was submitted signed by many residents of the neighborhood. The petition requests that North Dakota Street be closed permanently at a point immediately north of Anton Park. Under this proposal, the Anton Park area could be reached only from 121st Avenue and the areas north of Anton Park would be reached only from Scholls Ferry Road. This proposal would eliminate all through traffic on S.W. North Dakota Street west of 121st Avenue. The Council received and filed the petition, with further consideration to be given to the request upon completion of staff review. The petitioners were told that staff would review the requests and report back to Council as soon as the workload permitted and that staff would not be able to give immediate attention to this request. Engineering and Police staff have now completed a review of the request and options. Comments have been received from other concerned agencies. Page -1- Attachment 1 is a copy of the resident's petition and includes a map showing the proposed location of street closure. Comprehensive Plan The City's Comprehensive Plan Transportation Map, adopted in 1983, provides for the extension of North Dakota Street in the Anton Park vicinity. Attachment 2 shows the relevant portion of the Comprehensive Plan Transportation Map. The map calls for North Dakota Street to be extended westerly from 121st, turning northward to Springwood Drive. The plan also calls for Springwood Drive to be extended westerly from 121st Avenue into the adjoining residential area west of North Dakota Street. The plan does not call for the North Dakota Street connection between Springwood Drive and Scholls Ferry Road. In 1984 the City received development proposals to construct the 304 unit Meadow Creek Apartments complex and also for development of the Anton Park Subdivision. Both projects were expected to develop their respective portions of the collector street system for the neighborhood. During site development review for the Meadow Creek Apartment complex, it was decided that North Dakota Street shoLIld be connected to Scholls Ferry Road at SW 125th Avenue. The site development review approval specifically requires the developer to construct the North Dakota Street connection to Scholls Ferry Road. No provision was made for the westerly extension of Springwood Drive. The apartment complex has subsequently been completed in accordance with the site development approval; it is no longer possible to extend Springwood Drive west from 121st without significantly modifying the apartment complex. The Anton Park Subdivision was also approved with the provision for North Dakota Street to be extended from 121st to connect with the portion of North Dakota constructed by the Meadow Creek Apartment development. The street was constructed to minor collector standards through Anton Park. The Anton Park Subdivision created numerous lots with direct connection to North Dakota Street; most of these lots have subsequently been developed with single family residences. Page --2- The site development review and subdivision approvals made in 1984 effectively revised the Comprehensive Plan Transportation Map to provide for a direct connection of North Dakota Street between 121st Avenue arid Scholls Ferry Road. During the Comprehensive Plan update in 1989, the Transportation Map should be revised to reflect North Dakota Street as it actually exists or, if the Council grants the petitioner's request for street closure, North Dakota Street should be deleted as a collector road. Comments From Other, Agencies: Comments were requested from other agencies regarding the request for closure of North Dakota Street. The Police Chief recommended that the street not be closed. He feels that the street needs to be left open in order to provide alternate routes of access for emergency vehicles. He is also concerned that closure of a collector street would merely shift traffic problems to adjoining collector and arterial streets. The City of Beaverton Engineering and Planning staff also recommended against street closure. They recommended that other ways be explored to discourage through traffic and to discourage speeding. They suggest that closure of a collector street should be a last-resort solution. Attachment 3 is a copy of the letter from City of Beaverton. The Fire Marshall', office also recommended that the street not be closed and that alternative measures be explored to reduce traffic problems. The Fire Marshall's letter is attachment Number 4. Traffic Impacts. Traffic counts in 1987 showed an average weekday traffic of 2750 vehicles per day on North Dakota Street west of 121st Avenue. Near Scholls Ferry Road the traffic volume was 3010 vehicles per day. Since that timo, additional development has occurred along North Dakota Street. Also, recently traffic has been increased in the area of 121st Avenue due to construction on 135th Avenue; some of this diverted traffic is no doubt using North Dakota Street. Page -3- i If North Dakota Street is closed as requested, the portion of the street immediately west of 121st Avenue would serve only the adjoining residential area - approximately 98 lots in Anton Park and Millview. Traffic would be reduced to less than 1000 vehicles per day. Approximately 2000 vehicles per day would be diverted to 121st Avenue and Scholls Ferry Road. Other Relevant Issues. The City of Beaverton is considering a change to its Transportation Comprehensive Plan. The proposed change would provide for a direct roadway connection between 121st/Scholls Ferry Road and 125th Avenue (formerly Sorrento Road) in Beaverton. If implemented, this proposal would make 121st Avenue a more attractive route for through traffic attempting to access Beaverton, and it would make North Dakota Street a less attractive route. This proposal would be expected to reduce traffic volumes on North Dakota Street. The proposal is currently under cosideration by the City of Beaverton and by the affected property owner, the Beaverton School District. If the Transportation Bond Measure passes on November 8th, the City of Tigard will be making improvements on 121st Avenue. Included in these improvements are capacity improvements at the 121st Avenue approach to Scholls Ferry Road. By improving the capacity at this intersection, we hope to encourage drivers to use 121st Avenue rather than North Dakota Street and Springwood Drive. This work will be done in conjunction with the proposed MSTIP improvements to Scholls Ferry Road. Proposed improvements to Scholls Ferry Road are intended to relieve congestion. Improvements to Scholls Ferry Road should encourage motorists to use Scholls Ferry for through travel rather than North Dakota Street. In the past, the City has received requests for closure of other collector streets in residential neighborhoods. In the past, such requests have been denied. Past discussions have recognized the need to provide routes for through traffic and also the need to provide alternative access routes for emergency vehicles. By providing alternative routes, we also help to dispurse the traffic so that the traffic impacts are shared by multiple streets rather than all on one street. Page -4- Alternatives Considered. If petitioners' request for a street closure is granted, it will clearly eliminate through traffic on North Dakota Street west of 121st Avenue and it would be expected to reduce traffic volumes on the street. It is riot likely to totally eliminate concerns about traffic speeds. Even on short local streets we frequently hear complaints of speeding drivers. The wide straight alignment of North Dakota Street is likely to lead some drivers to drive at higher speeds than the neighbors would like. It is likely that some trafficwill continue to enter North Dakota Street expecting to find an outlet. Even good signing does not typically eliminate such traffic, especially where the street appears to be an extension of the collector street system. If the street closure is not granted, there are a number of ways to address the remaining concerns about traffic speeds and volumes of through traffic. Several of those captions are discussed below: 1. Prohibit Through Truck 'T'raffic. Previous City ordinances have prohibited through truck traffic on 121st Avenue. This effectively eliminated through truck traffic in the adjoining neighborhoods, until North Dakota Street was opened between 121st and Scholls Ferry Road. Opening of North Dakota Street provided an alternative route between downtown Tigard and Scholls Ferry Road, whereby trucks could pass through the neighborhoods without violating the prohibition of 121st Avenue. It appears appropriate to prohibit through truck traffic on North Dakota Street between Tiedeman Avenue and Scholls Ferry Road, in order to restrict trucks to the arterial street system as originally intended. 2. Prohibit All Through Traffic. The Council could pass an ordinance prohibiting all through traffic ors North Dakota Street and signs could be posted. However, such prohibitions are usually not effective unless intensive enforcement is provided. Enforcement of such ordinances is difficult. Page -5- 3. Improved Sight Distance at Intersections. Somewhat higher traffic speeds are riot necessarily less safe if adequate sight distance can be provided. Sight distance could be improved in the Anton Park area by working with property owners to discourage on-street parking and to remove fences and landscaping which restrict sight distance near intersections. Sight distance is especially critical at the intersection of 125th Place, near a long curve in North Dakota Street. 4. Use Traffic Markings to Narrow the Available Traffic Lanes. Narrowed traffic lanes usually encourage drivers to drive more slowly. One way to reduce the traffic lanes without reducing traffic safety is by the use of traffic markings and raised traffic buttons. Such a method could be used on North Dakota Street, especially through the long curve west of 125th Place. A button system as shown in Attachment 5 would tend to restrict drivers to a narrow traffic lane, thereby encouraging slower speeds, especially on the curve. It would also discourage passing and would discourage "cutting the corner" on the curve. Implementation of this marking pattern would probably require prohibition of parking along the curved part of North Dakota F' Street. Installation of such markings would cost approximately $5,000 and would require periodic maintenance. 5. Planter Islands. A more permanent restriction can be provided with construction of planter islands in the street. This method is more expensive, may require elimination of additional parking, and requires careful design in order to maintain adequate street drainage. It would also be necessary to determine how the islands would be landscaped and maintained. 6. Review Speed Limits North of Anton Park. The existing 25 mile per hour speed limit north of Anton Park seems rather low. In the perception of the typical driver, the area north of Anton Park can be safely driven at a speed higher than 25 miles per hour. For many drivers, the same perception exists within Anton Park; however, the Anton Park area of intense residential development requires a somewhat lower traffic speed than the area north of Anton Park. When Page -6- the posted speeds appear unrealistic to the typical driver-, frequent violation of the posted speed can be expected unless very frequent and intensive police patrols are provided. One way to change the driver's perception is to raise the posted speeds in the areas outside of the residential subdivision and to post the 25 mph only where the slower speeds are actually required. The City could request the State Speed Control Board to review the posted speed on North Dakota Street north of Anton Park; it is very likely that such a request would result in the posting of a higher speed north of Anton Park. The requirement for a lower speed within the Anton Park area could then be emphasized by the posting of larger than normal speed limit signs. Discussion North Dakota Street through Anton Park was clearly designed and built to serve as a collector street. This was done before the houses were built. Like most citizens of Tigard, the Anton Park residents would prefer to live on a street with little traffic. We hear requests frequently from residents throughout the City to restrict through traffic - to put the traffic on somebody else's street. But it is essential to maintain a pattern of through streets to provide for traffic circulation and to provide alternate routes for emergency access. Not everyone can live on a cul de sac. The community good requil^es that we also have a system of through streets. Closure of North Dakota Street- would not be consistent with past policy discussions of the City. While it appears inappropriate to close North Dakota Street, it is reasonable for the residents to ask the City to seek ways to increase traffic safety along the street. The City should explore traffic safety improvements as suggested previously. The City and the neighborhood can also help to reduce through traffic on North Dakota Street by encouraging improvement to alternative through traffic routes, especially Scholls Ferry Road and 121st Avenue. Page -7- Recommendations Staff recommends the following course of action to reduce through traffic and traffic speeds in Anton Park: 1. Prohibit through truck traffic on North Dakota Street. 2. Encourage the City of Beaverton to pursue a collector street connection between 121st/Scholls Ferry Road and 125th Avenue in order to direct through traffic away from North Dakota Street. 3. Continue to pursue capacity improvements to the Scholls Ferry/121st intersection in order to encourage through traffic to remain on 121st Avenue. 4. Continue to strongly encourage the State to bring the Scholls Ferry Road widening project to construction as soon as possible, in order to relieve congestion on Scholls Ferry Road and encourage through traffic to use Scholls Ferry Road. 5. Implement traffic markings to reduce available traffic lane widths through the curved portion of North Dakota Street as illustrated in Attachment 5. If successful in the curved area, consider extension of the traffic marking patterns and possible construction of planter islands in other areas of Anton Park. 6. Request State Speed Control Board review of the posted speed on North Dakota Street north of Anton Park. 7. Work with property owners to maintain adequate sight distance at intersections. Submitted November 2, 1988 By ' Randall R. Wooley, City Engineer br/7684D April 20, 1988 Tigard City Council 13125 S.W. Hall Blvd. P.O. Box 23397 Tigard, Or 97223 Honorable Mayor and Councilors: The property owners of Anton Park, a subdivision of the city of Tigard, request that S.W. North Dakota street be closed off permanently to through traffic as a cul-de-sac. This cul-de-sac is proposed on S.W. North Dakota street below the south entrance to Meadow Creek Apartments (See exhibit I). The purpose of this change is to retain the Anton Park area for its primary designation as a residential neighborhood. Traffic levels are now heavy on S.W. North Dakota street. This high traffic level is primarily due to individuals using the street to avoid signals at the intersections of S.W. North Dakota and Scholls Ferry Road and again at Scholls Ferry Road and S.W. 121st. Developments now underway 41. at the intersection of S.W. North Dakota and Scholls Ferry Road include an urgency medical center complex, a 130-child capacity day care center, and a 40 unit subdivision. Additional traffic introduced as a result of these developments, as well as the increased speed on Sorrento (125th) to 45 M.P.H., will increase the traffic volume and speeds beyond that of a "minor collector" street to that of a."major collector" street, detrimentally impacting the neighborhood environment. Current and ongoing problems associated with the inappropriate use of S.W. North Dakota street are identified here: 1) Dangerous street for children/young families. Children use S.W. North Dakota St. as an access to Summerlake Park. Riding bicycles/skateboards to the park is common. Numerous "near misses" by motorists (including one in which a 15 foot skid mark was recorded when a motorist narrowly missed hitting a child) create a dangerous park access for children. The safety of children awaiting school buses in morning hours during high traffic periods produces a significant risk. Additional traffic during early morning hours stemming from the 130 child daycare center will increase risk to children. Children playing in their own yards are at risk if balls roll into the street and they run to retrieve the ball without looking. 2) Unsecure neighborhood for protection of property. High traffic and easy accessibility to major arterials have contributed to an increase in robbery incidences (Sturgess, 12/800^; Ching, 1/88; Rohlf, 2/88). High traffic area lends itself as a "cruise" area. The result has been vandalism to property owners" yard lights and car windows shot out on two different occasions. 4#whmewyl A10. High speed of cars traveling on S.W. North Dakota has resulted in mail box units being knocked down three times over a six month period. High speeds and the inappropriate use of S.W. North Dakota by non-residents results in through traffic passing on the left, around property owners trying to turn left into (or exiting from) their driveways and cul-de-sacs. Often this occurs with oncoming opposing direction traffic. 3) Decline in area livability. Covenants, codes and restrictions were adopted for the Anton Park subdivision to protect neighborhood livability. The high traffic and speed levels negatively affect neighborhood livability. 4) Decline in property values. Three houses currently built and offered for sale on S.W. North Dakota street are unsold. According to the listing realtor, this is due to the high traffic volume and high speed levels. Currently occupied homes ranging from $85,000 to $110,000+ have been negatively impacted. It is generally recognized by real estate appraisers that busy streets reduce property value assessments. Inability to sell remaining property sites due to high traffic and livability issues will result in unsightly empty lots, and the opportunity cost of lower tax revenues to the City from lower tax value assessments. SIGNIFICANT CHANGES Significant changes have taken place since the time the decision was made to connect S. W. North Dakota to Scholls Ferry Road. These changes strengthen the need to close the street where Anton Park meets Meadow Creek Apartments and the new subdivision on North Dakota street. Change factors are noted below: 1) Change in speed limit to 45 M.P.H. on 125th (Sorrento), the street leading directly onto S.W. North Dakota, creates significant concerns for the Aire ur_ Park property owners. Traffic proceeding across Scholls Ferry Road at 45 M.P.H. is even less likely to slow to 25 M.P.H. 2) A 130 child daycare center near the corner of S.W. North Dakota and Scholls Ferry Road will introduce additional traffic into the Anton Park area. Parents driving to and from the day care center, late in dropping off or picking up children (and anxious to avoid high penalty charges for late arrival at the center) will travel at high speeds along S.W. North Dakota. 3) Proposed change in route of 125th (Sorrento) to meet 121st. A Beaverton proposal to route 125th directly into 121st makes the need to eliminate through traffic on S.W. North Dakota even more essential since Scholls Ferry traffic will continue to bypass the intersection via S.W. North Dakota. Considerations of the city of Tigard as noted by Randy Wooley, City Engineer, are: 1) EMERGENCY VEHICLE ACCESS Ambulance service is provided by Metro West, located at Scholls Ferry Road and Hall. Backup service is provided by Tualatin Valley, located at Pacific Highway and Walnut. Access to Anton Park and surrounding neighborhoods will be unchanged under our proposal. The Fire Department access to Anton Park and all surrounding areas is from Progress and will be unchanged. All surrounding neighborhoods will retain multiple access routes. 2) CITY COMPREHENSIVE PLAN The comprehensive plan approved in 1983 did not include S.W. North Dakota as a connecting street to Scholls Ferry Road. There is some confusion as to when this decision was changed. Randy plans to research this issue. 3) COST OF SIGNAL LIGHT AT SW NORTH DAKOTA AND SCHOLLS FERRY The cost of a signal at this intersection continues to be justified since it will provide service to a 304 unit apartment complex, a 40 unit single dwelling subdivision, daycare parents, and patients of the urgency clinic. Additionally, a light on the Beaverton side of the street necessitates one on the opposite Tigard side. We, the property owners of Anton Park, petition the city of Tigard to change S.W. North Dakota street to a cul-de-sac at a point just south of the Meadow Creek Apartments. Sincerely, NAME:ADDRESS - -~'-f - _ C~_~,~ ~O Y► \ l _ C I G~~__L/1_o a _w------ - C-lit i G ~-2- A d _ S_ W SJ~T~----------------- L' _L!&-L s- ~v- L=- 75- ~r a C NAME }10AX,C, ,.Cures ADDRESS / l t6-0 SCv' fQ.S' PL /C--..PA V1 -77 I I ~/O S lZ5 ~c a2 1 I 13 S ~ZS ~ J 14,( -47 NAME 7+ r1. ~.r .y/~ . 74 ADDRESS I,)_ pj71 F•-qn_ / zz 1- v -did A),p ~ L /1 1,)7X S ) Paj - 1 .;?3 % D S t,j-\ . /Ion ll 4L'C, AZ q3c,) < tj 5. W- /L 0. c - N ~l~~~~ . ~ i /lam" C_---Z~ 00/ ADDRESS /-Z.zlvr• L V SLJ LoL) 1i ► z cu 1 Z3'=~ -~~ct 11 NAME ADDRESS 113.5 5>,0 1a~ 7,4 R tll 3I-- I -q ~ InI -c 1 i 1 Sw l•Z!( -~f PJAC &P l1 P ~~Ct 1/HIS s~ i2~i th Pt:~c~ ~2 St1) f %Y 1,2 V4 R- yon s W y;-q a~. ~(QC2 (13 ~ )x 1~-l ~F-G• ~2~ ~ . 111s s 5 w 1 y Q P-ts~ I - C s ~ s. N y W1 y3 Jlili .r.4• .t c '1 P VI! r V ~ ~r•f ~ 1 O 71 N _ V •3AV ~i V W W U t 0 3 ~ 00 fMINf1700N07 1 CpNINAf000w 1~1 -ZV-1 w S Y NO { Al VQa 'A A Hvila" ws s lil n N t ' 1727 rrrat;wa w's s. 4 P 5B y~ a 0. . . o T7 u ~ Q e ,IaNOa~oo '.IwCNIr •1 71 V rs r N~g7{AVN f I I I1slV 333 I i o K/ 1 i7 P W ••1\ i 1 ~ l VIOfI i S.W. • 0 ` i s •lA VI 1 'r'- ~a 0 O _ r - Z 'r'b` S OIL; r-L ~ Vn ~Y T J ~ ' Ift N14ii - i 1L 1~ s ~ / o • P- ~ tl y 61 UTTTm ~ 1 111714 ' 3AV 1• II S u ~ F ± MS Q{ ' s1 _ S MI •n / w tra LEGEND I CONNECTION•BETWEEN SI:HOLLS FERRY ROAD AND Sm. 1351h AVENUE NEAR I - WAL NOT STREET. I I 2 CONNECTION BETWEEN' 12111 VIA NORTH DAKOTA AND SPRINGBROOK TO SUMMERLAKE AREA (SPRINGBROOK WOULD BF, A LOCAL STREET), AND S.W. 13011, AVENUE. 3 CONNECTION BETWEEN SCROLLS FERRY ROAD AND S.W. 12611, AVENUE AND FALCON I ••1.-••--•••~••'~''•. RISE DRIVE. 4 CONNECTIONS BETWEEN WALNUT STREET,6ULL MOUNTAIN ROAD AND GAAROE STREET. I 5 '•ONNECTIONS BETWEEN HUNZIKER STREET, HALL BLVD., AT O'MARA (GENERALLY) 1 AND BONITA ROAD. I 6 CONNECTION BETWEEN PACIFIC HIGHWAY AND 1-5 VIA DARTMOUTH, BETWEEN 691h AND ,NODE HAMPTON VIA A LOOPED ROAD WITHIN THE WESTERLY PORTION OF THE TRIANGLE AREA. - \ 7 CONNECTION OF COMMERCIAL STREET BETWEEN S.W. 951h AND 98th AVENUES. I\9 1 EACH NODE DEPICT STREET VV C IONS TI- CONNECTION OF ASH AVENUE BETWEEN HILL STREET AND BURNHAM AND ANY ~OF CONNECTTIONS TIO J 8 REMAINING UNIMPROVED PORTIONS OF ASH. t~NEEDED FOR TRA 9 INDIRECT LOCAL STREET CONNECTIONS BETWEEN 92nd AND 108th, I I YEAR . CON N1 10F THEESESE. N NI 10 RUESSER ROAD BYPASS ROUTE AS A POSSIBLE LINK TO MURRAY BLVD. I iNOT DEPICTED C EXISTING STREETS ARTERIAL _ CLOPMENT MAJOR COLLECTOR ~ m• • MINOR COLLECTOR VICINITY LIGHT RAIL TRANSIT CORRIDORS (LRT .1 1 ~ 79 L's OF BGA'V RTO1Va X320 : _ e O ro -cm .600 P. L ATTACHMENT NO. 2 PORTION OF COMPREHENSIVE PLAN TRANSPORTATION MAP N ~ a~hme /vo- 2 August 10, 1988 City of Beaverton Randy Wooley, PE City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Randy, My apologies fcr the tardiness of this let-ter, but, I did promise you that I would reiterate (per our phone conversation) the City's comments concerning the petition that you have received concerning the closure of North Dakota Street (125th) south of Scholls Ferry Road. The city when dealing with similar requests, prefers to look for alternatives to road closure to resolve traffic problems of this nature. Again: to highlight some of the typical impacts of road closures: 1. Closure usually provides a negative impact to police and fire response times. 2. Simply stated, closures often just shift the problem to another street and don't actually resolve the problem. 3. Closures create unnecessary out of direction travel, in fact, closures may be counter productive in the sense that the removed trips are just replaced with new out of direction trips. 4. The most difficult situation created is the precedent that it establishes and the problem with dealing with other similar requests. As you know, the City of Beaverton may have a more attractive solution if the city changes its circulation plan to the north to accommodate a direct connection of 125th to 121st Q Scholls Ferry Road. Although this has currently been "pulled" from the Transportation Plan Amendment now in process, it will be analyzed in the near future as a potential joint land use and transportation plan amendment. As a suggestion, or more accurately, as we would likely proceed with the same type of request, a first step would be to identify the nature and magnitude of the problem (i.e. traffic counts, turn counts, license plate studies, etc.). Then some analysis would be given to what are the appropriate countermeasures. A list of possibilities might be: 1. Signal timing changes 2. Enforcement 3. Traffic control measures: "chokers", "thresholds", 4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR 97076, General Information: (503) 526-2222 An Equal Opportunity Employer .411aehmewf A/o. 3 islands, dieerters, signing, turn restrictions, lane use restrictions, buttoning or striping changes, parking restrictions, etc. If all else fails and local pressure brings a resultant closure - it was suggested by our traffic engineer that a "hammer-head" turnaround and barricade design be utilized rather than a cul-de-sac to better enable a potential reopening if future conditions warrant the change. In any respect, please keep us apprised of any forthcoming decisions. Thanks again for the opportunity to comment on this request. Sincerely yours, Rick Root Transportation Planner September 28, 1988 CONSOLIDATED FIRE AND RESCUE Washington County Fire District No. 1 City of Beaverton Fire Department Tualatin Fire District FIRE MARSHALS OFFICE Oct Randall R. Wooley, City Engineer P.O. Box 23397 Tigard, Oregon 97223 RE: Street Closure, North Dakota Edge of Akron Park Subdivision Dear Randy: I would apologize for not having responded earlier to the above noted item but to the best of my recollection. I have not seen your letter until today, even though it was addressed to me. As this is a major street running through this area, I can well understand and sympathize with the residents wanting to close it. However, from an emergency response standpoint, the station located in Tigard, the station located in Progress and the station located near by in Beaverton would all respond into this area utilizing S.W. North Dakota. By closing this street off, precious minutes could be lost in responding to a fire if an engine or responding rescue crew should become confused and drive into the dead-ended cut off street. Our recommendation is to leave this a circulating street, emplace speed signs on the street and emplace "CHILDREN PLAYING" signs along the street and ask for a more rigorous police patrol to enforce the requirements of traffic. The City might also try "NO THRU TRAFFIC" signs at both ends on S.W. North Dakota. Even if the street is blocked off, a great deal of traffic will drive in just to be turned around to drive out. Twice the trips. If absolutely necessary, the fire department can function fairly well with this street blocked off. If I can be of any further assistance to you, please feel free to contact me at 526-2502. Sincerely, Gene Birchill Deputy Fire Marshal/Plans Examiner GB: kw cc: Director Nelson 4755 S.W. Grffffth Drive 0 P.O. Box 4755 0 Beaverton, Oregon 97076 0 (503) 526-2469 S,* AQaekwew Adv. ~ c curb 0 0 Dos SOON No0 0 0 o ° 00 00 _ 0000 00 00 o ° 0 0O soon ■o0 0 • o o ° ° 00 0000 00 0 o ° 0 O 0 0ON soon Soo O 0 00 00 0000 00 00 curt o 0 ° 0OF soon so0 O ~ o 0 000 00 0000 00 00 o ° 0 o'on soon so0 0 o 0 :00 00 _0100° °O o0 1 ~-L " - Oil /.We .one M REFLECTOR MARKER 0 4" BUTTON Attachment No. 5 Proposed Traffic [Markings for North Dakota Street Curve West of 125th 11 CITY OF TIGARD, OREGON Dec. 19, 1988 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Ak;w07iaRE.4 -r_4•ww DATE SUBMITI"ED: ISSUE/AGENDA TITLE: Restriction of 1! PREVIOUS ACTION: November 1 1988 Through Trucks PREPARED BY: Randall R. Woole DEPT HEAD OK CITY ADMIN OK REQUESTED BY:___~_ OL CY ISSUE Shall the list of streets where through trucks are prohibited be revised? in rest en trucks are prohibited. INFORMATION SUMMARY Attached Map No. 1 shows streets where through trucks are currently prohibited. A primary purpose of the truck restrictions is to improve safety 'd tial neighborhoods. SW 121st is one of the streets where through In recent years new streets have been developed near 121st Avenue, allowing. trucks to by-pass 121st and travel legally through the adjoining neighborhoods. We have received numerous complaints about large trucks using residential streets. In order to restore the prohibition of through trucks in the neighborhood, the City Engineer recommends that Springwood Drive, North Dakota Street (west of Tiedeman) and Tigard Street (west of Tiedeman) be added to the list of streets where through trucks are prohibited. Trucks are currently also prohibited on all of Tiedeman Avenue. However, the portion of Tiedeman north of Tigard Street has redeveloped entirely into industrial uses which require truck access. We have received numerous calls asking for clarification of the truck restrictions in the industrial area. Also, we receive occasional complaints that trucks leaving the industrial area continue south on Tiedeman through the residential area. Trucks beginning or ending their trips within the restricted area are not "through trucks" under the ordinance and may travel legally through the residential area. The City Engineer recommends that the restrictions on Tiedeman Avenue be amended to prohibit trucks only in the residential area south of Tigard Street. The industrial area would then be outside of the restricted area. Attached is an ordinance which would adopt the City Engineer's recommendations. Map No. 2 shows the streets where through true.ks will be prohibited if the ordinance is passed. w ALTERNATIVES CONSIDERED 1. Adopt the attached ordinance. 2. Amend the ordinance. 3. Leave tha existing code unchanged. 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Foove K O d~ Ck. VvHn" 'OAIB e O • 1 O y 1.rM v I C P' NI99NIM30R o < ~ p '3Atl' c n o y h MO d bb~,VIBbI j o~ j2 1q J d 31 d o t Z° 41 ~ O ~ V' _ i tl° L j r ~ j bb31 /rz41 z =p 4 U~ ._.i II 1 e r e ^ " W yC C 3Atl ►J£51 = v r < t y~ i .1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 19, 1988 DATE SUBMITTED: ISSUE/AGENDA TITLE: Emergency PREVIOUS ACTION: Muni n.l Cn,- A......-- . A DEPT December 12, 1988 / REPARED BY: Patrick J. Riill REQUESTED BY: DlIT TfV reeitc Should the City enter into an agreement which would allow the Washington County Emergency Services Policy Board to regulate the provision of emergency medical services provided within our City? INFORMATION SUMMARY All cities in the County are being asked to become signator cities. Banks, Durham, Sherwood and Beaverton are not signator cities as of this writing. The stated fundamental purpose is to regulate the provision of emergency medical services within our boundaries, through creation of a policy board (5.12.050) and adoption of rules (5.12.190), to assure prompt, effective, efficient and safe service. The City Attorney is reviewing agreement. ALTERNATIVES CONSIDERED 1. Approve agreement 2. Reject concept of participation. 3. Study further. FISCAL IMPACT Impact to City is negligible. Decisions of Board could influence cost of emergency medical services, either higher or lower. SUGGESTED ACTION Contingent upon City Attorney's opinion, approve agreement. mh8374D OK CITY ADMIN 1 11 C WASHINGTON COUNTY, OREGON November 9, 1988 MEMORANDUM To: Cities of Washington County EMS Policy Board Members Interested Parties From: Joanne Hoyt, EMS Coordinator Subject: Consideration of the adoption of Washington County Code, Chapter 5.12, Emergency Ambulance Service as amended by Ordinance 334 "A" - Engrossed by intergovernmental agreement by the Cities of Washington County. The dates for consideration of an intergovernmental agreement to accept the above referenced Code/Ordinance within the respective City as reported to the EMS Office are listed below. After con- sideration by the Cities is concluded, the EMS Office will take the necessary action to initiate the selection process for vacant EMS Policy Board positions. in tale meantime this Memorandum will let you know what is happening. City Date Corne 1 iw:s 10-18-88 Forest Grove 10-24-88 Ki-ng City 11-02-88 - - -Be nls - 11-08-88 Hillsboro 11-15-88 Tualatin 11-15-88 Durham 11-1-6-88 Beaverton- 11-21-88 -Nor - = ~%iis=---- 11-21--88 Sherwood 12-14-88 Tigard To be arranged. Mailing address: Emergency Medical Services Location: Adninistration Building Phone: 503 / 648-8637 Room 305, Court House 150 North Firs; Avenue 145 Nonn Second Avenue Hillsboro, Oregon 97124 Hillsboro. Oregon 97124 WASHINGTON COUNTY, OREGON October 17, 1988 Patrick J. Reilly, City Manager City of Tigard 13125 SW Hall Tigard, OR 97223 Dear Mr. Reilly, As you know, on October 11, 1988, the Board of County Commissioners (BOCC) approved Emergency Medical Services (EMS) Ordinance No. 334A - Engrossed and adopted the By-Laws recommended by the EMS Ad Hoc Committee with one amendment. The amendment, made to Article VII, Adoption or Amendment of Rules or By-Laws, provided that By-Law changes may only be made by a four-fifths (4/5) vote of the EMS Policy Board membership at a regular meeting. (See page 3 of the enclosed By-Laws, Exhibit A, Ord. 334A.) Because Ordinance 334A - Engrossed made changes in Washington County Code, Chapter 5.12 (Ordinance 277 as codified,), it is necessary for all Cities presently Signator Cities to sign an Intergovernmental Agreement endorsing the changes. (See enclosure entitled Changes to Chapter 5.12 by Ordinance No. 334A - Engrossed for specifics.) At this time Washington County also extends an invitation to Cities not now Signators to the EMS Ordinance to do so. The EMS nffice is anxious to complete the Signator City process in order to reconstitute the EMS Policy Board as soon as possible. Therefore your cooperation is requested in scheduling the approval of Ordinance 334A - Engrossed and the Intergovernmental Agreement as an Agenda item for your City Council at your earliest convenience. I will contact you the end of this week to see when consideration can take place for those currently Signator Cities and if Ordinance 334A - Engrossed and Washington County Code, Chapter 5.12 will be an Agenda item for Cities not now Signators. This is so the EMS Office will know when to begin the Selection Process for EMS Policy Board vacancies. Thank you for your assistance in this matter. Si cerely, c~ ~loanne Mcuilvra Hoyt EMS Coordinator 171 Enclosures:" Intergovernmental Agreement Ordinance 334A - Engrossed EMS Policy Board By-Laws as adopted Changes to Chapter 5.12 by Ordinance Washington County Code, Chapter 5,12 10-11-88 by BOCC No. 334A - Engrossed lfe eed no--a-.0'? e~ Mailing address: Fmorgency Medical Services Location: Administration Building Phone: 503 / 648-8637 Room 305, Court House 150 North First Avenue 145 North Second Avenue Hillsboro, Oregon 97124 Hillsboro, Oregon 97124 C 1, S AGE, made and entered into as of the ) rday of , lr1g~ by and between WASHINGION COLWY, a hone rule subdivision of the State of oregon (hereinafter referred to as "County") and the C1 I~~ Ot a duly incorporated city in Washington C=ity (hereinafter referred to as "City"). WITHESSETH: WHM;MS, County has adopted Washitx1ton County Code, QuVter 5.12 as amended by ordinance 334, regulating the provision of emergency medical services in the unincorporated portions of the County, and providing for enforcement of the ordinance within the boundaries of municipal corporations in the C=Yr-y, upon intergover mental agreement for such enforcement; and V EAS, City desires that said services be regulated under and made Y subject to WastLingtoi County Code, Chapter 5.12 as amended by ordinance 334, except as otherwise provided herein; and , pursuant to CIRS Chapter 190 the parties wish to, enter the following agreement for the performing of the functions described in Washirgi:o n County Code, Chapter 5.12 as amended by ordinance 334; NOW, THEREZ in cm-isideration of the ma teal covenants contained herein, the parties agree as follows: 1. Washington Canty Code, Chapter 5.12 as amended by Ordinance 334, attached hereto as Attadment "A" and fully incorporated herein by this reference, shall be enforced within the boundaries of the City the same as if the ordinance were an ordinance of the City. the term 'Wash ngt on Counts ' appearing in Washirgton County Code, Chapter 5.12 as amend by ordinance 334,. shall be deemed to include City for the purposes of this agreement. I r 2. Zhe initial term of this agre t sba" oom¢mence upon the date of its execution by City and expire on June 30, 19&?, subject to earlier termination under paragraph 3 hereof . Upon the expiration of the initial term and any subseVent term, this agreement shall be automatically reraaed for a successive one year term, unless written notice of termination is served by one party on the other thirty (30) days or more prior to June 30 of the current year. 3. Either party may terminate this agreement prior to expiration of the agreed upon term by serving written notice on the other, delivered by certified mail or in person, at least sixty (60) days prior to the effective date of such early termination. By mutual written consent of the parties, this agreement may be terminated, effective immediately, or at such time as the parties provide. a. 7he city and comity agree that each party will assum its own responsibility in connection with any claims made by a third party against the City and/or County. If the acts of the agents, employees or officers of the county are the pate cause of any claim, action, damage, loss or expense brought against the City, the Comity will indemnify, hold harmless and wi11 assume full responsibility for the defense of said claim or action. If the acts of the agents, employees or officers of the city are the proximate cause of any claim, action, damage, loss or expense brought against the County, the City will ;ntlemn fy, hold harmless and will ass«m full respcnsibility for the defense of said claim or action. IL AGr4zEMENT - page 2 5. Any notice provided for in this agreement shall be served upon County to its Clerk of the Board of Comi.ssioners, C ycy courthouse and by delivery upon city by delivery to its City Recorder, City Ball. 6. This agreement contains the entire allremmt between the parties and supersedes all prior written or oral discussions or understandings, express or implied. 7. No modification of this agreement shall have effect unless and until reduced to writing and signed by the authorized representatives of the parties. G a.~.i,~ Off: Ton, C3 r n , Mayor S Date Executed.: Lacem her I q (q'if AVID AS SO F=4z .j :ae City A , C3-t3? Of Oregon VV1SIiII36-TW CC LRM, OREGON: Authorized Representative Date Executed: APPFDVED AS TO FCR4: John I-L J=-kin, COUnty Counsel for Was+ington County, Orman AGREEmERr - page 3 ' r Fo o~T Z ~40 4c ? J~8 8 "A" ENGROSSED 1 IN THE BOARD OF COUNTY COMMISSIONERS a FOR WASHINGTON COUNTY, OREGON 3 ( An Ordinance Amending Washington 4 ( County Code Chapter 5.12 Concerning ORDINANCE NO. 334 ( Emergency Ambulance Services; 5 ( Operation of Policy Board; and ( Declaring an Emergency 6 The Board of County Commissioners for Washington County, 7 Oregon, ordains: 8 SECTION 1 9 The Board of Commissioners finds that the current provisions 10 of Washington County Code Chapter 5.12 concerning emergency 11 ambulance services, as adopted by Ordinance No. 277, are in need 12 of revision regarding the Emergency Medical Services (EMS) Policy 13 Board, and operation of such Board. 14 15 SECTION 2 Washington County Code Chapter 5.12 shall be amended as set 16 forth below. (Existing ordinance lan-guage as codified, with 17 deletions bracketed and additions underlined follows): - 18 > 19 5.12.050 EMS policy board Created. There is created an z 0 20 EMS policy board which shall consist of the following five oc ►-m a1 members: c~ Z= 22 A. A county commissioner appointed by the board, who shall 00 W 3o 23 e the chairman of the policy board; Jp LU= 24 B.. Two city council members or mayors, to be appointed by :)J u- 25 the incorporated cities which have entered into an } Z 26 intergovernmental agreement authorizing enforcement of this 0 Q page 1 - A-ENGROSSED ORDINANCE NO. 334 CC:BB:DEE:0935d/10/6/88 I chapter within their city limits as provided in Section 5.12.510, 2 in accordance with procedures as set forth in B y-laws of the EMS 3 policy board. No two members shall be from the same city; and 4 C. Two members of the board of directors of a rural fire 5 protection district, [which does not provide services to a city 6 having an elected official on the policy board,] to be appointed by the district boards, in accordance with procedures as set g forth in By-laws of the EMS policy board. No two members shall 9 be from the same district. 10 5.12.190 Rule adoption Scope. The director may, in 11 writing, recommend to the policy board, or the policy board may 12 propose on its own motion, adoption, amendment or repeal of 9,13 administrative rules deemed necessary to achieve the purpose of 14 this chapter. Such rules shall be adopted as provided in this is chapter and may establish among other things: 16 A. Vehicle and equipment standards, including staffing. 17 The rules may provide for other governmental entities to impose 18 F ' 19 z 0 U, 20 zz ~ F10 21 0 _Z 22 <W 30 23 Jp uJ ~ 24 'J U= 25 0 r F Z .c6 0 U Page more stringent standards than those adopted hereunder; B. Medically related personnel standards, including monitoring performance, mandating and testing acceptable knowledge of response and medical protocols, continuing education, and the terms of probationary periods for new employees of licensees, employees who change certification levels, or in response to concerns about health care delivery. Rules relating to probationary periods shall be limited to medical protocols and knowledge of the rules adopted hereunder; 2 - A-ENGROSSED ORDINANCE NO. 334 CC:BB:DEE:0935d/10/6/88 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 .18 - 19 20 21 r, t s10 _•s .a 22 ~u =W to 23 .ja 24 ~J ~J 5 6 Page C. Medical operating procedures; D. General operating procedures, including response time standards, dispatch priorities, standards and coordination with the 911 system, protocols and staffing levels. The rules shall allow for substitution of EMT personnel on ambulances with state-licensed nurses or physicians having special training or experience in emergency medical care as determined by the medical advisory board; E. Reports; F. Procedures for receiving and acting upon citizens' input. and complaints; G. Standards and procedures for designation as a medical resource hospital; H. Required insurance coverage; I. Designation of ambulance service areas; provided, however, that the standards for creating such areas shall be based solely upon such standards as are necessary to ensure efficient and effective provisions of quality ambulance service as provided by state law and the State Health Division. ASA rules shall be drafted so as to avoid, to the extent practicable, restrictions on free entry into the marketplace and shall provide a mechanism for redesignation to accommodate new licensees or expansions. ASA rules may provide for competitive bidding for service areas and shall provide for appeal to the Board of County Commissioners of final decisions related to such bidding by 3 - A-ENGROSSED ORDINANCE NO. 334 CC:BB:DEE:0935d/10/6/88 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .16 17 18 } 19 z M °v„ 20 zZ 0I 21 Z =5 22 .n o 33 23 J p" ~0 24 _m N ~ J v1 25 :n 26 0 u Page interested parties and for review upon the Board's own motion of such decisions; J. Communications; K. Procedures for contested cases, investigations, issuance of licenses and such other activities authorized by this code; L. License, testing and other reciprosity agreements with other jurisdictions; M. Licensing and inspection fees; and N. Ambulance franchising or contracting. No franchise shall be-effective within an incorporated city unless the city has consented by intergovernmental agreement. f 5.12.220 Rule adoption Effective date --Appeal. A. The action taken by the policy board shall become effective on the thirtieth day following filing of the written order with the clerk of the board of commissioners unless a petition for review to the'board of commissioners is timely filed with the director, or the beard of commissioners on its own motion within the thirty days determine-s to review the action, or the action specifies a later effective date. B. The petition for review must be filed within fourteen days of the date the order-is filed with the clerk and shall S state the alleged errors, the evidence and legal authority to be relied upon on appeal and the requested action by the board. The petition shall be accompanied by the fee set forth by resolution and order of the board. Only those parties who made an 4 - A-ENGROSSED ORDINANCE NO. 334 n CC:BB:DEE:0935d/10/6/88 P C, 1 appearance of record, either oral or in writing, shall be 2 entitled to file a petition for review. 3 C. All hearings on appeal shall be conducted on the record 4 in accordance with the rules for a .public hearing adopted by the 5 board. The petitioner shall pay the cost of providing a 6 transcript'of the initial hearing at least three days prior to 7 the board hearing. Failure to do so shall be jurisdictional. g SECTION 3 9 The Board hereby adopts the "By-laws" for the Washington 10 County Emergency Medical Services Policy Board (Policy Board) as 11 set forth in Exhibit "A", attached hereto but not incorporated by 12 reference. The Board hereby delegates to the Policy Board the "3 authority to amend such "By-laws" upon majority vote of the 14 membership of the Policy Board, provided that such "By-laws" as 15 amended conform to all state and local recruirements. The Board 16 may, upon request of the Policy Board or the EMS Director, or 17 upon its own motion, review and revise any such "Bv-laws" and 18- amendments to the wBy-laws' as nay be adopted by the Policy Board. 19 SECTION 4 20 The Office of County Counsel shall codify the changes made 21 by Section 2 of this ordinance, and is hereby authorized to make 22 any technical changes, not affecting the substance of this 23 ordinance, as necessary to accomplish such codification. 24 Section 5 2 A determination by a court of competent jurisdiction that 2 any section, clause, phrase, or word of this ordinance, or its Page 5 - A-ENGROSSED ORDINANCE NO. 334 CC:BB:DEE:0935d/10/6/88 f C 1 application, is invalid or unenforceable for any reason shall not 2 affect the validity of the remainder of the Ordinance or its 3 application and all portions not so stricken shall continue in 4 full force and effect. 5 Section 6 6 This ordinance, being necessary for the public health, 7 safety and welfare related to emergency medical services, shall 8 take effect upon its enactment. 9 ENACTED this 11th day of October , 1988, being 10 the fourth reading and second public hearing before the-Board 11 of County Commissioners of Washington County, Oregon. 12 13 BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON 14 5 C7 )Q6~~ 15 CHAIRMAN ,,yP ^s'•Yi. ry's a""'f• att,:~;''!!r. Y l4 s 1 Jc } ert~ 1r~ ~r°_ "g x j. 17 RECORDING ECRETARV 18 _ Z 19 M 20 zZ om 21 c~ z ;io 22 C W 0 23 tnc tnc zo 24 :3 %n o.J 25 z 26 0 U Page READING PUBLIC HEARING FIRST 9-6-88 9-20-88 SECOND 9-13-88 10-11-88 THIRD 9-20-88 FOURTH 10-11-88 FIFTH VOTE: .Aye Larrance, Killnack, Meek-Hays Nay Absent Rogers Abstain Recording Secretary: Date: 10-11-88 6 - A-ENGROSSED ORDINANCE NO. 334 CC:BB:DEE:0935d/10/6/88 Exhibit "A" OFFICE OF EMERGENCY MEDICAL SERVICES BY-LAWS WASHINGTON COUNTY EMERGENCY MEDICAL SERVICES POLICY BOARD Article I: Authority The authority given to form the EMS Policy Board is derived from Washington County Code, Chapter 5.12. Article II: Name This organization shall be known as the Washington County Emergency Medical Services (EMS) Policy Board. Article III: Membership a. Membership shall be as provided in Sections 5.12.050 through 5.12.080 which establishes authority for the EMS'Policy Board. b. After two, consecutive, unexcused absences, the EMS Policy Board may declare that position on the EMS Policy Board vacant and direct the EMS Coordinator to activate the selection process as contained in Article VI, b.-h.. An excused absence shall be an absence for which a reason other than an unwillingness to attend is conveyed to the EMS Office prior to the meeting and approved as excused by the Policy Board. All other absences shall-be unexcused. c. Board members shall serve at the pleasure of the appointing body. d. Should a position on the EMS Policy Board be vacated for any reason, the person selected to serve for the unexpired portion of the term in that position, shall have been deemed to have served a term even though less than a full two years is served. At the conclusion of the term the selection process s-hal-l- again be- activat-ed_ Article IV: Officers a. The officers of the organization shall be the chairperson and vice- _ chairperson. b. The chairperson shall be as provided in Section 5.12.050 and the vice- chairperson shall be elected from nie membership at the first regular meeting. They shall serve for a period of one year in this elective position.. c. A secretary will be appointed by the chairperson. d. in case of a vacancy occurring in any office, the vacancy shall be 41 filled no later than the second regular meeting after the occurrence of such vacancy according to the procedure in Article VI, b.-h.. By-Laws Washington County Emergency Medical.Services Policy Board page 2 Article IV: Officers (continued) e. It shall be the duty of the secretary to keep minutes of all meetings and carry out the duties directed by the Board. Meetings shall be tape recorded. The tapes shall be retained no less than five (5) years. f. The officers of the Board shall perform such other duties and functions as may, from time to time, be required by the organization or by the By-laws or Rules and Regulations of the Board. Article V: Meetings a. Meetings shall be held according to directives from the chairperson to the secretary who will notify members and parties who have requested notification. b. The place, date and hour of all meetings will be determined according to agreement by the membership providing adequate notice can be given to all members. c. Three (3) members shall be necessary to constitute a quorum. All actions of the Board shall require the affirmative vote of the majority of members present. Article VI: Selection of Signator City and Rural Fire Protection District EMS Policy Board Members a. At the April Policy Board meeting the Chair shall announce the expiring Policy Board terms and request that the Signator City and Rural Fire Protection District (RFPD) EMS Policy Board members whose terms are not expiring (holdover Policy Board members) contact or convene the respective east or west Mayors of Signator Cities and RFPD Board Chairmen, whichever is appropriate, regarding the selection of a Signator City and RFPD nominee to the EMS Policy Board. b. The EMS Coordinator shall confirm the Chair's request to the holdover Policy Board members in writing and notify all appropriate Signator Cities and RFPDs of the upcoming vacancies on the Policy Board. This shall be done in April of each year following the April Policy Board meeting. C. The Signator City holdover EMS Policy Board member shall contact or convene the Mayors of east or west Signator Cities, whichever is appropriate, prior to the Jun: Policy Board meeting. He/she shal•1 notify the EMS Coordinator of the nominee selected by the appropriate Signator Cities prior to the June Policy Board meeting. d. The RFPD holdover EMS Policy Board member shall contact/convene the east or west RFPD Board Chairmen, whichever is appropriate, as to the RFPD EMS Policy Board nominee and notify the EMS Coordinator of the 49 nominee selected by the appropriate RFPDs prior to the June Policy Board meeting. By-Laws Washington County Emergency Medical Services Policy Board page 3 Article VI: Selection of Si nator_City and Rural Fire Protection District Members continued e. The Signator City and RFPD EMS Policy Board members shall be selected by majority vote of the appropriate Signator Cities and RFPDs respectively which respond, In writing, within 45 days after being contacted by their holdover EMS Policy Board member. Each Signator City and RFPD shall have one vote. Eastern Signator Cities and RFPDs shall vote for their respective Policy Board member and Western Signator Cities and RFPDs for their respective Policy Board member. f. For purposes of selecting EMS Policy Board members one of the Signator City positions shall be filled by the following western cities provided they are Signator Cities: Hillsboro, Forest Grove, Cornelius, Gaston, Banks and North Plains. One of the Signator City positions stall be filled by the following eastern cities, provided they are Signator Cities: Beaverton, Tigard, Tualatin, King City, Sherwood and Durham. g. For purposes of selecting EMS Policy Board members one of the RFPD postions shall be filled by Washington County FPD #1 and Tualatin RFPD or any succeeding legally merged FPD of these two eastern RFPDs. The western RFPD position shall be filled by the following RFPDs: Washington County RFPD #2, Forest Grove RFPD, Cornelius RFPD, Tri-Cities RFPD and Gaston RFPD. h. The EMS Coordinator shall coordinate the selection process with the holdover City and RFPD EMS Policy Board members. I . At the July Policy Board meeting the new Signator City and RFPD Policy Board members shall assume office. Article VII., Adoption or Amendment of Rules or By-Laws Tba..adoptit or amentmen:t -F these -By-Laws shall be by a four-fifths (4/5) vote of the snembers*of the EMS Policy Board at a regular meeting. Changes to Washington County Code, Chapter 5.12 by ordinance No. 334A - Engrossed The enclosed "A" Engross ordinance 334 should be read in conjunction with Chapter 5.12 of the Washington County Code (Also enclosed.) as only those Chapter 5.12 sections being modified or added to are contained in the Ordinance. Section 2 of "A" Engrossed Ordinance 334 changes three 5.12 Code sections. Section 5.12.050 Language is added which establishes the selection procedure for EMS Policy board members as that contained in the by-laws. The by-laws referred to by the Ordinance as Exhibit "A" contain the Ad Hoc Com- mittee's recommendations as to the EMS Policy Board selection process. The BOCC will be adopting these by-laws by reference. Of course they may be changed by future Policy Boards. (See page 2, lines 2 and 3 and lines 7 and 8.) : This Section also removes the eligibility requirement that Rural Fire ProtectTon.Districts'not "provide services" to a Sigmtor City sitting on the EYS Policy Board. (See _page•2, lines 5 and 6.) Section 5.12..990 prw i des for BtiL`C review of Et'tS Pol i ry board Language is added which decisions designating ambulance service areas either by appeal or on the Boa rd' s own mot l on_ (See page 3, 1 i saes 24, 25 and page 4, 1 ine.s 7 and 2-) Sectian 5.12.220 Language is -added zo allow BDCZ on its own motion to review any r+=1~= adopted-by the SYS Policy -Board. _ Section 3 provides fvr BOCC to adopt the by-laws recommended by the Ad Hoc Committee and at the same time delegates the authority for amendment to the ES- Poi U -y Scard-- iW i for amendment process-)" Section 4 authorizes editorial changes by County Counsel. Section 7 is a severability clause and Section b is an emergency clause making the Ordinance effective October- 11, 1988 if adopted by BOCC. 411"..- Chapter 5.12 EMERGENCY AMBULANCE SERVICES Sections: 5.12.010 Purpose and intent. 5.12.020 Definitions. 5.12.030 Exemptions. 5.12.040 Compliance required. 5.12.050 EMS policy board--Created. 5.12.060 EMS policy board--Membership. 5.12.070 EMS policy board--Term. 5.12.080 EMS policy board--Authority and duties. 5.12.090 Director--Appointment. 5.12.100 Director--Duties. 5.12.110 Director--Authority. 5.12.120 EMS advisory council--Created--Membership. 5.12.130 EMS advisory council--Procedures generally. 5.12.140 EMS advisory council--Duties. 5.12.150 EMS medical advisory board--Membership. 5.12.160 EMS medical advisory board--Appointment. 5.12.170 EMS medical advisory board--Terms. 5.12.180 EMS medical advisory board--Powers and 5.12.190 duties. Rule adoption--Scope. 5.12.200 Rule adoption--Notice. 5.12.210 Rule adoption--Hearing. 5.12.220 Rule adoption--Effective date--Appeal. 5.12.230 Rule adoption--Reversal. 5.12.240 Rule adoption--Finding of procedural error. 5.12.250 Emergency rules--Procedures generally. 5.12.260 Emergency rules--When medical advisory board chairman recommendation required. 5.12.270 Emergency rules--Post-adoption procedures. 5.12.280 Rules-Copies. 5.12.290 Rules--Compilation. 5.12.300 Rules--Petition. 5.12.310 EMS license--Created. 5.12.320 EMS license--Application. 5.12.330 EMS license--Denial restriction- 5.12.340 EMS license--Issuance. 5.12.350 Ambulance license--Created. 5.12.360 Ambulance license--Application. 5.12.370 Ambulance license--Issuance. 5.12.380 License--Terms. 5.12.390 License--Renewal application. 5.12.400 License--Renewal inspection. 5.12.410 License--No expiration upon timely renewal. 5.12.420 License--Fee payment required. 5.12.430 License--Application denial notice. 128 5.12.010--5.12.020 5.12.440 License=-Amendment. 5.12.450 License--Correction of violations. 5.12.460 License--Investigation. 5:12.470 License hearing--Request filing. 5.12.480 License hearing--Council and board notice of action. 5.12.490 License hearing--Conduct. 5.12.500 Petition for reconsideration. 5.12.510 Intergovernmental agreements. 5.12.520 Transition provisions. 5.12.530 EMS fund established. 5.12.540 Prohibited activities. 5.12.550 Violation--Penalty. 5.12.010 Purpose and intent. A. The county board of commissioners determines that the protection of the health, safety and general welfare of the citizens of the county requires that emergency medical services be regulated so as to provide prompt, effective, efficient and safe service. B. The-board finds that it is required by state law to develop a plan-relating to the need and coordination of am- bulance services, and establishing ambulance service areas for the efficient and effective provision of such services and is authorized to provide regulations more stringent than those adopted by the State-Health Division. (Ord. 277 51, 1983) ' 5.12.020. Definitions. As used in this chapter, unless the context requires otherwise: A. "Administrative rules" means the rules relating to emergency medical services adopted as provided for in this chapter. Duly promulgated rules shall have the force of law. B.' "Advanced life support services" means prehospital -and interhospital emergency care which encompasses, in addi- tion to basic life support functions, cardiac monitoring, cardiac defibrillation, administration of antiarrhythmic' agents, intravenous therapy, administration of medications, drags and solutions, use of adjunctive medical devices and other techniques and•procedures, identified by rules adopted by this chapter. - C. "Ambulance" means any privately or publicly owned motor. vehicle' aircraft or marinecraft that is regularly provided or offered to be provided for the regular emergency transportation of persons suffering from illness, injury or disability, including any unit registered with the state of Oregon as an advance life support ambulance. D. "Board" means the board of county commissioners of the county. E. "Council" means the emergency medical services ad- visory council established under this chapter. F. "Director" means the person designated by the board T v 129 5:12.020 to administer and enforce the provisions of this chapter, or the director's delegee. G. "Disaster," otherwise known as "mass casualty inci- dent," means any incident involving five or more critical, or potential for a total of fifteen or more patients. H. "Do business" or "operate an ambulance" in the county means to provide private or public emergency ambu- lance service in the unincorporated portion of the county, or within any city that has entered into an intergovern- mental agreement as provided in Section 5.12.510; provided, however, that transporting patients from outside the county to within the county only shall not be considered doing business or operating an ambulance within the county. I. "Emergency" means any nonhospital occurrence or situation involving illness, injury or disability requiring immediate medical or psychiatric services. J. "Emergency medical services" or "EMS" mean those prehospital functions and services which are required to prepare for and respond to emergencies, including rescue, ambulance, treatment, communications, evaluation and public education. "Emergency medical services" do not include services of a fire department which does not provide advanced life support services. K. "Emergency medical technician" or "EMT" mean a per- son so certified by the State Health Division or the State Board.of Medical Examiners. L. "Employee" means an employee, agent or driver em- ployed by a licensee. M. "License" means a nontransferable, nonassignable authorization, personal to the person to whom it is issued, issued by the-director and authorizing-the person whose name appears thereon to do business in the county. N. "Medical advice" means medically related instruc- tion, direction, advice, and professional support given to an EMT via radio or telephone communications by physicians at a medical resource hospital, for the purpose of a.ss.isting in the provision of prehospital on-site and in-transit basic and advanced life support services. 0. "Medical advisory board" means the emergency medical services medical advisory board established under this chapter. P_. .."Medical resource hospital". means a medical facili- ty designated under the rules adopted under this chapter as having the capability to provide verbal advice and support to EMT's at the scene of medical emergency. Q. "Party" means: 1. Each person or agency entitled as of right to a hearing; 2. Each person or agency named by the policy board, as defined below; 3. Any person requesting to participate as a party or in a limited party status who is determined either to 130 5.12.030--5.12.040 have an interest in the outcome of the proceeding or rep- resents a public interest in such results. R. "Patient" means an individual who, as a result of illness or injury, needs immediate medical attention. S. "Person" means an individual, partnership, company, association, corporation or any other legal entity, includ- ing any receiver, trustee, assignee or similar representa- tive. T. "Policy board" means the emergency medical services policy board established under this chapter. U. "State Health Division" means the Health Division of the Department of Human Resources of the state of Oregon, or its successor. V. "Vehicle" means an ambulance or fire department rescue unit which is used in the provision of emergency med- ical services, but does not include a fire engine or ladder truck. (Ord. 277 52, 1983) 5.12.030 Exemptions. Notwithstanding any other pro- vision, this chapter and the rules adopted hereunder shall not apply to:, A. Vehicles owned by or operated under the control of the United States Government or the state of Oregon; B. Vehicles being used to render temporary assistance in the case of a•disaster, or an emergency with which ambu- lance services of surrounding localities are unable to cope, or when directed to be used-to render temporary assistance through an alarm/dispatch- center or a public official at the* scene of an accident; C. Vehicles operated solely on private property or within the confines of institutional grounds, whether or not the incidental crossing of any public street, -road or high- way serving the property or grounds is involved; D. Vehicles operated solely for the transportation of lumber industry employees; E. Any person who owns, drives or'who attends a pa- tient transported in a vehicle under subsections A through D of this section; F. Any person who by state or-federal license is au- thorized to attend patients, except EMT's and EMT trainees as provided under this chapter; G... Ambulance companies that only provide service to fulfill nonemergency transportation contracts with specific organizations provided the ambulance company and the orga- nization are on a current basis identified and on file with the director. (Ord. 277 §4, 1983) 5.12.040 Compliance required, A. It is unlawful for any person to provide or allow to be provided emergency am- bulance services in the county without first obtaining a license to operate an ambulance from the director. B. It is unlawful for any person to operate, or allow It 131 5.12.050--5.12.080 to be operated, an ambulance in the county for emergency use, other than transporting patients from outside the coun- ty to within the county, unless a valid ambulance license has been issued for the vehicle by the director. C. It.is unlawful for any licensee to operate, or al- low to be operated, an ambulance for emergency transport that is not equipped and attended as required by rules adopted pursuant to this chapter or to operate or allow to be operated an ambulance in a manner in violation of this chapter or the rules adopted thereunder. D. "To allow to provided or operated" does not include mere issuance of a business license or land use approval. (Ord. 277 §3, 1983) 5.12.050 EMS policy board--Created. There is created an EMS policy board which shall consist of the following five members: A. A county commissioner appointed by the board, who shall be the chairman of the policy board; . B. Two city council members or mayors appointed by the incorporated cities which have entered into an intergovern- mental.agreement authorizing enforcement of this chapter within their city limits as provided in Section 5.12.510. .No two members shall be from the same city; and C. -Two members of the board of directors of a rural fire protection district, which does not provide services to a city having an.elected official-on'the policy board, to be appointed by the district boards. No two members shall be from the same district. (Ord. 277 §5(A), 1983) 5.12.060 EMS.policy board--Membership. Policy board members shall be elected public officials. The members of the policy board shall serve without compensation and may be removed by a majority vote of the members of the relevant appointing body or bodies. (Ord. 277 §5(B), 1983)- 5.12.070 EMS policy board--Term. Terms of office shall be two years with a limit of two consecutive terms, except that the initial term of one representative from the cities and one from the districts shall. be one year as de- cided by lot. Membership shall immediately cease upon leav- ing public office and a vacancy shall exist until a new rep- resentative is appointed by the relevant body or bodies to serve out the remaining term. Terms shall expire on June- 30th. (Ord. 277 55(C), 1983) 5.12.080 EMS policy board--Authority and duties. The policy board is delegated the authority, duty and respon- sibility to administer this chapter, subject to the ultimate authority of the board of commissioners. More specifically, the policy board shall: A. Oversee the operation of the licensing, inspection 132 5.12.090--5.12.120 and regulatory system adopted by this chapter; B. Hear and determine appeals of license denials or revocations by the director and final decisions thereon; C. Recommend to the board of commissioners the hiring of an EMS director and such other persons as are necessary to carry out this chapter, and make recommendations as to the duties and authority of such person; D. Conduct hearings on and take action on administra- tive rules proposed under this chapter, subject to appeal to the board of commissioners; and E. Exercise such other powers and perform such other duties as are set forth by resolution and order of the board to effectuate this chapter. (Ord. 277 §5(D), 1983) 5.12.090 Director--Appointment. Upon creation and funding of the position by the board of commissioners, the county administrator shall appoint an EMS director. (Ord. 277 §6(A)., 1983) 5.12.100 Director--Duties. The EMS director shall administer and enforce this chapter and shall perform such duties as are set forth in the county administrative manual or by resolution and order of the board. (Ord. 277 §6(B), 1983) 5.12.110 Director--Authority. The director shall have the authority to issue, suspend or revoke licenses, propose .administrative rules or amendments thereto, adopt emergency rules, seek judicial enforcement of this code and take such other action to carry out this chapter and the rules adopted pursuant thereto. (Ord. 277 56(C), 1983) 5.12.120 EMS advisory council--Created--Membership. There is created an EMS advisory council which shall consist of the following; A-. One representative from each city in the county which enters into an intergovernmental agreement fox en- forcement of this chapter as provided in Section 5.12.510; B. One representative from the police department and one from the fire department of each city which enters into an agreement as provided above; _ C_ One general representative from the county, one from the county emergency planning office, and one from the county sheriff; D. One representative from each medical resource hos- pital in the county; E. One representative from each rural fire protection district; F. One representative from each designated 911 emer- gency communications center; H. One representative from the Oregon State Police; I. One representative from each private service q- 133 5.12.130--5.12.170 provider licensed to do business in the county; and J. One member of the public not affiliated with the health care industry, to be appointed by the county board of commissioners. (Ord. 277 §7(A), 1983) 5.12.130 EMS advisory council--Procedures generally. The members of the EMS council shall be appointed by the governing body or other appointing authority of each respec- tive organization. Members shall serve without compensation and at the pleasure of the organization represented. The terms of office shall be two years with a two consecutive term limit on the number of terms. The council shall adopt rules of procedure specifying a quorum, meeting times and other procedural matters. The rules shall provide that each governmental jurisdiction have only one vote, regardless of the number of representatives. The board may appoint addi- tional nonvoting advisory members by resolution and order. (Ord. 277 §7(B), 1983) 5.12.140 EMS advisory council--Duties. The EMS coun- cil shall advise the board of commissioners and the policy board on all matters relating to emergency.medical care. The specific authority, duties and responsibilities of the council shall be established by the policy board. (Ord. 277 §7(C), 1983) 5.12.15 0 EMS medical advisory board--Membership.- There is created an EMS medical advisory board which shall consist of the following: A.. One emergency physician from each of the following hospitals: Meridian Park, Tuality, St. Vincents, and Forest Grove Community. The physicians shall be interested and involved in prehospital emergency care. A physician shall be the chairperson. Additional hospitals which provide emergency medical care for citizens of the county may be added by rule; B. One representative from the Emergency Department Nurses Association; C. One certified EMT; D. One representative of the Washington County Medical Society; and E. One physician involved in ongoing education of li- censees and their employees. (Ord. 277 §8(A), 1983) 5.12.160 EMS medical advisory board--Appointment. The EMS council shall announce vacancies, receive applications, screen candidates, and make recommendations prior to ap- pointment of medical advisory board members by the policy board. (Ord. 277 §8(B), 1983) 5.12.170 EMS medical advisory board--Terms. Medical advisory board members shall serve without compensation. 134 5.12.180--5.12.190 Terms shall be two years with a limit of two consecutive terms, except that the terms of the initial board shall be staggered such that one physician shall serve one year and two shall serve two years. Initial terms shall be-decided by lots drawn by the chairperson of the policy board. Mem- bers may be removed at the discretion of the policy board. Terms shall expire on June 30th. (Ord. 277 58(C), 1983) 5.12.180 EMS medical advisory board--Powers and du- ties. The medical advisory board shall have the following powers and duties: A. Assist in investigations under the supervision of the director and advise the•director and policy board on all me-jical-related issues regarding issuing, suspending and revoking licenses; B. Recommend to the director and policy board rules and amendments relating to protocols for prehospital patient care, emergency equipment, EMT training and medications; C. Periodically review the policies and procedures of hospitals receiving ambulances and report to the director and policy board; D. Adopt rules of procedure; and E. Perform such other functions as are necessarv to carry out the provisions of this chapter, the rules or as directed by the policy board. (Ord. 277-§8(D), 1983) 5.12.190 Rule adoption--Scope. The director may, in writing, recommend to the-policy board, or the policy.board may propose on its own motion, adoption, amendment or repeal of administrative rules deemed necessary to achieve the pur- -pose of this chapter. Such rules shall be adopted as pro- vided in this chapter and may establish among other things: A. Vehicle and equipment' standards, including'staff- ing. The rules may provide for other governmental.entities to-impose more stringent standards than those adopted here- under; B. Medically related personnel standards, including monitoring performance, mandating and testing acceptable. knowledge of response-and medical protocols, continuing edu- cation, and the terms of probationary periods for new em- ployees of licensees, employees who change certification levels, or in._sesponse to concerns .about health rare .4eliv-, ery. Rules relating to probationary periods shall be limit- ed to medical protocols and knowledge of the rules adopted hereunder; C. Medical operating procedures; D. General operating procedures, including response time standards, dispatch priorities, standards and coordina- tion with the 911 system, protocols and staffing levels. The rules shall allow for substitution of EMT personnel on ambulances with state-licensed nurses or physicians having t 135 5.12.200 special training or experience in emergency medical care as determined by the medical advisory board; E. Reports; F. Procedures for receiving and acting upon citizens' input and complaints; G. Standards and procedures for designation as a medi- cal resource hospital; H. Required insurance coverage; I. Designation of ambulance service areas; provided, however, that the standards for creating such areas shall be based solely upon such standards as are necessary to ensure efficient and effective provisions of quality ambulance ser- vice as provided by state law and the State Health Division. ASA rules shall be drafted so as to avoid, to the extent practicable, restrictions on free entry into the marketplace and shall provide a mechanism for redesignation to accommo- date new licensees or expansions. ASA rules may provide for competitive bidding for service areas; J. Communications; K. Procedures for contested cases, investigations, issuance of licenses and such other activities authorized by this code; L. License, testing and other reciprosity agreements with other jurisdictions; M. Licensing and inspection fees; and- AN' N. Ambulance franchising or contracting. No franchise IV. shall be effective within an incorporated city unless the city has consented by intergovernmental agreement. (Ord. 277 §9-(A), 1983) 5.12.200 Rule ado tion--Notice. A. Except as provid- ed in Sections 5.12.250 through 5.12.270, prior to the adop- tion or repeal of any rule by the policy board; notice of the proposed adoption, amendment or repeal shall be given: 1. By publication in a newspaper of general circu- lation in the county at least ten days prior to the day of intended action; 2. At least thirty days' notice by mail to all mem- bers of the EMS council, medical advisory board, to all cur- rent licensees and to. those persons who are on File as hav- ing requested notice from the director; and 3.--.Such other notice as the director deems neces- sary to provide a reasonable opportunity for interested per- sons to be notified of the proposed action. B. The notice required by subsection A of this section shall state the subject matter and purpose of the intended action in sufficient detail to inform a person that the per- son's interests may be affected, and the time, place and manner in which interested persons may present their views on the intended action. It shall inform the reader that a copy of the proposal and the director's recommendation is available for inspection. (Ord. 277 §9(B), 1983) 136 5.12.210--5.12.220 5_.12.210 Rule adoption--Hearing. A. The policy board ' shall conduct a public hearing on the adoption, amendment or repeal of proposed rules. The hearing shall be conducted as provided by rule. Until such time as the policy board is established and hearing procedures are adopted by.rule, hearings shall be conducted as provided by resolution and order of the board of commissioners, or in the absence thereof, in accordance with the Model Rules of Procedure, as established by the Attorney General, OAR 137-01-030 (Nov. 1981). B. A decision by the policy board shall be preceded by: 1. A written recommendation from the director; 2. The recommendation, if any, of the EMS council; and 3. A reasonable opportunity for testimony from the public. C. No rule relating to training standards, medical protocols, medical equipment or resource hospitals shall be adopted, amended or repealed without the policy board first providing the medical advisory committee a reasonable oppor- tunity to make a recommendation. The recommendation shall be followed unless the policy board specifically determines that the recommendation is clearly outweighed by a counter- vailing interest of the general public. D. The policy board shall adopt a written order set- ting forth its action, together with findings regarding: 1. the legal e.athority for the action; and 2. The need for the action and how the action ful- fills that need. (Ord. 277 §9(C), 1983) 5.12.220 Rule-adoption--Effective date ADDeal. A. The act-ion taken by the policy board shall become effective on the fourteenth day following filing of the written order with the clerk of the board of commissioners unless a-peti- tion for review to the board of commissioners is timely filed with the director or the action specifies a later ef- fective date. B. The petition for review must be filed within four- teen days of.the date the order is filed with the clerk and shall state the alleged errors, the evidence and legal au- thority to be relied-up-on on appeal and the requested a-ction by the board. The petition -shall be accompanied by the fee set forth by resolution and order of the board. Only those parties who made an appearance of record, either oral or in writing, shall be entitled to file a petition for review. C. All hearings on appeal shall be conducted on the record in accordance with the rules for a public hearing adopted by the board- The petitioner shall pay the cost of 137 (Washington County 4/87) 5.12.230--5.12.260 AV' 1 providing a transcript of the initial hearing at least three days prior to the board hearing. Failure to do so shall be jurisdictional. (Ord. 277 §9(D), 1983) 5 12 230 Rule adoption--Reversal. The board shall reverse or modify the decision of the policy board only if it finds that the action was taken without legal authority or contravenes the intent and purpose of this chapter. (Ord. 277 §9(E), 1983) 5 12 240 Rule adoption--Finding of procedural error. An action of the policy board shall be invalidated for pro- cedural error only if found by the board of*commissioners to have substantially prejudiced the rights of the petitioner. When practicable, the board may order such corrective action as it deems necessary to remedy the procedural error and avoid invalidation. (Ord. 277 59(F)', 1983) 5 12 250 Emergency rules--Procedures generally. Not- withstanding any other provision, if the director finds that failure-to act promptly will result in serious prejudice to the public interest or the interest of the parties con- cerned, and sets forth in writing the specific reason for taking action, the director may proceed to adopt, amend or suspend a rule without notice or hearing or upon any abbre- viated notice and hearing deemed practicable. Such an action shall be preceded by at least twenty-four hours' ad- vance notice to the chairperson of the policy board. Such rule is temporary and shall be effective upon filing with the clerk of the board for a period of not longer than one hundred eighty days. The subsequent adoption by the policy board of an identical rule is not precluded. Within four- teen-days following the date of filing of a temporary rule., the director shall prepare. the complete recommendation re- quired by Section 5.12.210 of this chapter. The statement shall be available for public inspection during regular business hours at the main office of the director. A rule temporarily suspended shall gain effectiveness upon ex- piration of the temporary period of suspension unless the rule is repealed- in. emergency rule may be appealed to the policy board in the same manner as an appeal of a rule to ___the board of commissioners, except that the effect of the rule shall not be stayed pending appeal unless otherwise directed by the policy board. (Ord. 277 §10(A), 1983) 5 12 260 Emergenc -When medical adviso! chairman recommendation required. No emergency action re- lating to a rule shall be taken without first obtaining a favorable recommendation from the chairman of the medical advisory board if the action relates to training standards, medical protocols, medical equipment or medical resource hospitals. If feasible, the recommendation of the (Washington County 138 4/87) `tti- 5.12.270--5.12.340 appropriate board shall be obtained prior to action. (Ord. 277 §10 (B) , 1983) 5.12.270 Emergency rules--Post-adoption procedures. Upon adoption, a copy of an emergency rule shall be sent to all members of the policy board, EMS council, medical advi- sory council and to all licensees. Emergency rules may be appealed to the board as provided for other rules. (Ord. 277 §10(C) , 1983) 5.12.280 Rules--Copies. The director shall, upon re- quest and payment of a fee to cover cost, supply copies of rules, or orders or designated parts thereof. (Ord. 277 §11 (A) , 1983) 5.12.290 Rules--Compilation. The director shall com- pile and index all rules. The compilation shall be supple- mented or revised as often as necessary. Such compilation supersedes any other rules. (Ord. 277 §11(B), 1983) 5.12.300 Rules--Petition. An interested person may petition the director and request the promulgation, amend- ment or repeal of a rule. The director shall promptly pro- vide copies of the petition to the EMS council for review. The.director shall promptly forward the request to the.pol- icy board with a recommendation. Not later than thirty days after the date the policy board receives the petition, the policy board either shall deny the petition in writing or shall initiate rulemaking proceedings. The form of the pe- tition and the procedures for consideration of the petition shall be in substantial conformity with the Attorney Gener- al's Model Rules of Procedure, Rule 137-01-070. (Ord. 277 §11 (C) , 1983) 5.12.310 EMS license--Created. There is created an emergency medical service license which shall be obtained by all persons, including public entities, prior to doing busi- ness in the county. (Ord. 277 512 (A) , , 1983) 5.12.320 EMS license--Application. Applications shall be submitted on such forms and accompanied by such informa- tion as i.s requirer3 by the director. lOrd. 277 §12(B), 1983) 5.12.330 EMS license--Denial restriction. Unless a franchise or contract is authorized by rule, no license shall be denied due to competitive market impacts. (Ord. 277 §12 (C) , 1983) 5.12.340 EMS license--Issuance. No license shall be issued unless the director first determines that: A. A complete and accurate application has been filed; 139 5.11.350--5.12.420 B. Proof of insurance as required by the rules has been submitted. The insurance shall be subject to a sixty- day advance notice to the director prior to cancellation; C. All requirements of this chapter and the rules have been complied with and the director determines the applicant and all employees will do business in conformance with this chapter and the rules. (Ord. 277 §12(D), 1983) 5.12.350 Ambulance license--Created. There is estab- lished an ambulance license which shall be obtained prior to operating any vehicle as an ambulance in the county. Each vehicle shall be separately licensed. (Ord. 277 §13(A), 1983) 5 .12.360 Ambulance license--Application. Applications. shall be submitted on such forms and accompanied by such information as is required by the director. (Ord. 277 §13(B), 1983) 5.12.370 Ambulance license--Issuance. No license shall be issued unless it is first determined that: A. The applicant holds or will be simultaneously is- sued an emergency medical services license; B. The.ambulance meets all dimensional, sanitation, equipment and other standards prescribed by this chapter and the rules. (Ord. 277 513(C), 1983) 5.12.380 License--Terms. Licenses shall be valid for twelve-month periods unless revoked or superseded. (Ord. 277 §14 (A), 1983) 5 .12.390 License--Renewal application. An application for renewal of a license shall be made no less than thirty days prior to expiration of the current license. (Ord. 277 §14(B), 1983) 5 .12.400 License--Renewal inspection. Inspection and tests of all vehicles, equipment and procedures shall be made as-provided by the director prior to annual renewal of a license. (Ord. 277 §14(C), 1983) 5.12.410 License--No expiration upon timelv renewal. If the licensee has made timely application for renewal, such license shall not be deemed to expire, despite any stated expiration date thereon, sinless the director has issued a formal order of grant or denial of such renewal. (Ord. 277 §14 (D) , 1983) 5 12 420 License--Fee payment required. All license applications and renewals shall be accompanied by the fee established by rule. (Ord. 277 §14(E), 1983) 140 5.12.430--5.12.470 5.12.430 License--Application denial notice. In the event the director denies an application, refuses to renew a license or revokes or suspends a license, the director shall give the applicant or licensee written notice of the action stating clearly and succinctly the facts and the conclusions and ordinance or rule provisions upon which the action is based, advising the applicant of the right to appeal, and the time within which an appeal must be filed. The appli- cant or licensee may submit an amended application without additional fee, or may appeal as provided below. (Ord. 277 §15(A), 1983) 5.12.440 License--Amendment. During a license year an application upon which a license has been issued may be amended, and an amended license may be issued for the bal- ance of the original or renewed license period. (Ord. 277 §15(B), 1983) 5.12.450 License--Correction of violations. The di- rector shall, upon a finding that the licensee is doing business or operating an ambulance in violation of this chapter or applicable federal, state, municipal or county laws, ordinances, rules or regulations provide written no- tice to the licensee of the violation, and shall demand that the violation be corrected within not more than thirty days from the date of the notice, subject to the director's power to immediately suspend or revoke a license. The notice IF shall describe with reasonable certainty the violation, the action necessary to correct the violation, and the possible sanction if any. A. The licensee shall be responsible for notifying the director when corrective action has been taken and the di- rector shall then make an inspection, if necessary. B. If a licensee fails to take corrective action in the time required, the director may notify the licensee that the license is revoked or suspended, subject to the right to appeal. Notice shall be by registered mail or personally delivered. (Ord. 277 g15 (C-), 1983) 5.12.4-6-0 License— Investigation. The director may make inspections, obtain warrants, subpoena records, obtain test.imony.under oath and take such other actions as are deemed necessary to investigate any applicant or licensee. (Ord. 277 §15(D), 1983) 5.12.470 License hearing--Request filing. A person receiving a notice from the director of a denial, refusal to renew, suspension, revocation or violation as provided in this chapter may request a hearing by filing a written re- quest with the director within fourteen days of issuance of the notice, setting forth reasons for the hearing and the issues to be heard. The director may prescribe forms for the 141 t 5.12.480--5.12.510 4r filing of an appeal. A. Filing of a hearing request shall abate the suspen- sion or revocation; provided, however, that in any case where the director finds a.serious danger to the public health or safety, the director may issue an order making the action effective immediately, but if the applicant licensee demands a hearing within fourteen days after the date of notice of the order, then a hearing must be granted as soon as practicable after such demand, and no later than twenty days after receipt of demand of a hearing, and the policy board shall issue an order pursuant to such hearing confirm- ing, altering or revoking the director's emergency order. B. The director, upon receipt of a timely request for hearing, shall promptly notify the policy board and shall, within fourteen days, set a time and place for hearing, which shall be not more than thirty days from the date of receipt of request for hearing. (Ord. 277 §15(E), 1983) 5.12.480 License hearing--Council and board notice of action. The director shall notify the EMS council of the proposed action. The director shall notify the medical ad- visory board if the action is based on a medically related finding. (Ord. 277 §15(F), 1983) 5.12.490 License hearing--Conduct. The hearing shall be conducted in accordance with the rules adopted by rule for denial or revocation of. permits, or if no such rules have been adopted, in substantial conformity with the rele- vant Attorney General's Model Rules of Procedure, November 17, 1981. (Ord. 277 515(G), 1983) 5.12.500 Petition for reconsideration. A. The policy board may reconsider a final order upon. the filing of a pe- tition for reconsideration within fourteen days after issu- ance of the order. If no action is taken by the policy board within fourteen days after try, petition is. filed, the petition shall be deemed denied. ?f the petition is allowed by the policy board, a hearing on the reconsideration shall be held and an amended order shall be issued. Only those policy board members who vo-ea .-n the original hearing on the appeal may vote on whether to allow a petition for recon- s idera_t i.on_ _ . . B... Review of the final decision of the policv board shall be taken solely and exclusively by writ of review in- the manner set forth in ORS 34.010 to 34.100. (Ord. 277 §15(H), 1983) 5.12.510 Intergovernmental agreements. The county administrator and emergency services director are authorized to negotiate intergovernmental agreements authorizing en- forcement of this chapter within the incorporated areas of C 142 5.12.520--5.12.540 the county. Such agreements shall be subject to approval by the board of commissioners. (Ord. 277 516, 1983) 5 12 520 Transition provisions. A. Notwithstanding any other provision, the EMS policy board shall not be established until such time as intergovernmental agreements, as provided in Section 5.12.510, are entered into by the board and the respective city councils of three incorporated cities. The policy board shall be empowered to perform the duties and responsibilities set forth in this chapter on the thirteenth day after the filing with the clerk of the board of the resolutions appointing the members set forth in Sec- tion 5.12.050. B. Until such time as the policy board is established and empowered as provided above, the board of county commis- sioners shall act as the policy board. C. All persons doing business in the county on the effective date of the ordinance codified in this chapter shall have thirty days from the date of notice of availabil- ity from the director to file an application for the li- censes provided for herein. In the interim, all persons currently doing business or commencing to do business shall comply with the provisions of this chapter and the rules as if they were licensees. (Ord. 277 §18, 1983) 5.12.530 EMS fund established. There is established an EMS fund to be administered by the county department of finance or its successor. All license, inspection or other such fees shall be deposited in this fund. All such fees shall be dedicated to, and used only for, payment of the costs of administering the EMS regulatory system provided for in this chapter, including compensation for the director and support personnel, equi F-mexitf supplies, legal costs and overhead. (Ord. 277 519, 1983) 5.12.540 Prohibited activities- No applicant or li=censee, applicant's or licensee's employee or any other per- son doing business as defined hereunder shall: A. Make a false statement of a material fact, or omit disclosure of amaterial fact, in an application for a li- cense; B. Monitor or-intercept emergency medical services communications for profit or gain; C. Solicit information as to accident locations by payment of any form of gratuity; D. Charge for services not performed or make duplicate charges for the same service; E. Perform services of an EMT or EMT trainee unless authorized by state law, this chapter and the rules adopted hereunder; F. Contact by radio or telephone for the purpose of receiving medical advice, a hospital which has not been 143 5'.12.550 approved as a medical resource hospital under the rules adopted in this chapter. Nothing in this chapter shall prevent an EMT from contacting the patient's private physician or the licensee's physician advisor; G. Fail or refuse to respond to notice of a medical .emergency from an authorized alarm/dispatch center when the ambulance subject to call is available for service; H. Falsify, deface or obliterate any license or cer- tificate required under this chapter; I. Transport an emergency patient in any vehicle other than a licensed ambulance; or J. Violate any provision of the chapter or any rule duly enacted hereunder. (Ord. 277 §17, 1983) 5.12.550 Violation--Penalty. A. In addition to any other provision, a violation of any provision of this chap- ter or the rules adopted pursuant to this chapter shall be punishable by a fine of not more than two hundred fifty dol- lars per occurrence. Each day of violation is deemed a sep- arate occurrence. B. Violators shall be cited and prosecuted pursuant tc the county uniform citation procedures. (Ord. 277 §20, 1983) C