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City Council Packet - 07/22/2003 Agenda Item No. ~I . Meeting of ` COUNCIL MINUTES TIGARD CITY COUNCIL MEETING July 22, 2003 Mayor Griffith called the meeting to order at 6:30 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson • STUDY SESSION > UPDATE - WASHINGTON COUNTY EFFORTS - WEST NILE VIRUS Stermwater/Wasterwater Supervisor Eric Hand reviewed the proactive approach (education, larvae control) the Public Works Department is taking in coordination with Washington County Health Department and Multnomah County Vector u Nuisance Control Department concerning the West Nile Virus response plan. Mr. Hand also distributed a document: West Nile Virus Fact Sheet and Frequently Asked Questions. > ADMINISTRATIVE ITEMS The following items were reviewed with Council by City Manager Bill Monahan: ° Item 3.4 c. to be removed from the Consent Agenda for the Award of a Contract to Great Western Sweeping, Inc.; the current contract was extended for 30 days to resolve issues on this item. New Park and Recreation Advisory Board (PRAB) will be formed tonight if Council approves the proposed resolution (item 3.2). The following Board members plan to attend the meeting: Carl Switzer, Shelley Richards, Mike Freudenthal, and Darrin Marks. ° A letter from Washington County was distributed to the Council inviting t them to attend activities planned for National Night Out at Metzger Park. The Tigard Police Department is also planning activities throughout the j Community. Haggen's grocery store is supplying free party packs to neighborhoods for local events. i ° A Council packet was distributed for the July 29, 2003, Special City Council meeting with the Washington County Board of Commissioners. • EXECUTIVE SESSION: Not held Study Session concluded at 7:18 p.m. Tigard City Council Meeting Minutes - July 22, 2003 Page 1 1. BUSINESS MEETING 1.1 Mayor Griffith called the meeting to order at 7:32 p.m. 1.2 Roll Call - Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson 1.3 Pledge of Allegiance 1.4 Council Communications at Liaison Reports: Councilor Dirksen advised that the Transportation Financing Strategies Task Force will soon forward a recommendation on a proposed Street Maintenance Fee. 1.5 Call to Council and Staff for Non-Agenda Items: No non agenda items were added; however, staff recommended that Consent Agenda Item 3.4c. be removed from the agenda. Item 3.4c will be rescheduled. 2. VISITOR'S AGENDA: No visitors 3. CONSENT AGENDA: Motion by Councilor Dirksen, seconded by Councilor Wilson to approve the Consent Agenda, with Item 3.4c removed: 3.1 Approve Council Minutes for June 17, 2003 Meeting 3.2 Appoint Seven New Members, an Alternate, and an Ex-Officio Member to the Park and Recreation Advisory Board - Resolution No. 03 - 28 3.3 Approve the Willamette River Water Coalition Intergovernmental Agreement 3.4 Local Contract Review Board: a. Award Contract for Crack Sealing of 92,250 Linear Feet of Cracks to Ashwood Construction, Inc. b. Award Contract for Engineering/Security Services - Water System Vulnerability Assessment to CH2M Hill/1DC G z r'te-Contra` t for -Street Sweeping--to-Great-Western ~CaeePing / -Ins y 3.5 Approve the Dedication of a Portion of the Library Property along the Hall Boulevard Frontage to the Oregon Department of Transportation as Required 6 by the Conditions of Approval for the New Library Project and Authorize the City Manager to Sign the Documents The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - July 22, 2003 Page 2 The Mayor acknowledged and welcomed the newly appointed Park and Recreation Advisory Board members in attendance: ➢ Carl Switzer ➢ Shelley Richards ➢ Mike Freudenthal ➢ Darrin Marks 4. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS Senator Burdick discussed status of several bills at the state legislature with the Council. Representative Williams was unable to attend the meeting. A summary of comments made are as follows: • Approaching a breakthrough on budget and revenue, which include budget enhancements; however, no tax reform proposals expected. • Legislature is looking at taking away from local governments the cigarette and liquor taxes collected that has been shared. • More likely to see proposal on tax reform from an outside consortium, rather than from the legislature. • Tigard/Tualatin Schools "will get through" with funding proposed for education; however, the District will not be able to restore any programs • SB 444, 445, 446 regarding public safety bargaining proposals were discussed. Senator Burdick said two of these bills are "dead," and she was unsure of the status of the third bill. • The proposed bill for the hotel/motel sales tax is now "hung up now on pre- emption." Y 5. CONTINUATION OF QUASI-JUDICIAL PUBLIC HEARING FROM JULY 8, 2003 - CONSIDER THE APPEAL OF THE BRETTON WOODS SUBDIVISION a (SUB2003-00001 /PDR200300001 / VAR2003-00006/VAR2003-00007) 9 ITEM ON APPEAL: On May 28, 2003, the Planning Commission approved a request for a 10-lot Subdivision and Planned Development on 2.34 acres. The lots are to be developed with detached single-family homes. Lot sizes within the development are between 5,500 and 6,879 square feet. The applicant also requested approval for an Adjustment to the 200-foot cul-de-sac length standard, Tigard City Council Meeting Minutes - July 22, 2003 Page 3 and an Adjustment to the street improvement requirements of the Tigard Development Code Chapter 18.810. The Adjustment would allow the applicant to construct a curb-tight sidewalk as opposed to a sidewalk separated by a planter strip along SW 108' Avenue. On June 11, 2003 an appeal was filed pertaining to issues raised related to tree safety and water run-off through adjacent property caused by the development. LOCATION: 16455 SW 108' Avenue; WCTM 2S I I SAA, Tax Lots 1301 and 1400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.790 and 18.810.100. a. Mayor Griffith continued the Public Hearing from the July 8, 2003, Council meeting. b. Declarations or Challenges - Mayor Griffith read the following. Do any members of Council wish to report any ex pane contact or information gained outside the hearing, including any site visits? (No ex parte contacts reported.) Have all members familiarized themselves with the application? (Council members indicated familiarity.) Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? (There were no challenges.) C. Public Testimony The hearing was opened on July 8, 2003. The proponents of the appeal and testimony from the City Forester were heard by the City Council. At this time, the applicants will have an opportunity to testify and rebuttal from the proponents and applicants will be heard. The Mayor read the following: - For all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the i Council and parties an opportunity to respond to the issue will preclude an i appeal to the Land Use Board of Appeals on this issue. Testimony and j evidence must be directed toward the criteria described by staff or other criteria in the plan or land use regulation which you believe apply to the decision. Tigard City Council Meeting Minutes - July 22, 2003 Page 4 • Applicants > Matt Sprague, Applicant's Representative, 9600 SW Oak Street, Suite 230, Portland, OR 97223, reviewed the background of the work done for the proposed development including plans to preserve the natural resources. He referred to a neighborhood meeting to discuss the proposed development. After that meeting, Mr. Sprague advised he redesigned the project to address some of the neighbors' concerns. He referred to continuing discussions with the neighbors with regard to preservation of trees. He mentioned that he talked with Mr. Ken Patton about what could be done to avoid silting of his pond; although there is silt that is coming from another property (not from the Bretton Woods property). While Mr. Sprague advised he did not promise a rock-lined drainage way to protect Mr. Patton's property from silting, he said he did promise to help find a solution to the silting problem. Mr. Sprague reviewed storm drainage for the area and described how storm drainage would be handled. No stormwater detention is required for this property; creek beds are adequate to handle a 25-year flow event. Mr. Sprague reviewed how they planned to protect the trees during construction and summarized the provisions in the tree protection plan. He advised he has not seen an arborist report from the appellants. Mr. Sprague referred to a statement made by the appellant's legal counsel, Mr. Dan Kearns, about how the trees will die; a statement that Mr. Sprague said could not be proven. He again referred to the applicant's tree protection plan, which was designed to preserve the natural resources. He said the neighbors are appealing because of their perception of decreased safety. He again referred to the tree protection plan. L Mr. Sprague said he would continue to work with Mr. Patton to resolve runoff issues. v > Mr. Walter Knapp, 7615 SW Dunsmuir Lane, Beaverton, OR 97007 and Mr. Peter Torres, 8325 SW 42nd Avenue, Portland, OR 97219, J arborists for the applicants presented testimony to the Council. Mr. Torres reviewed information for tree protection, including the critical root zone, which was mistakenly represented by the appellants. He referred to several sections in the technical guide for Trees and Tigard City Council Meeting Minutes - July 22, 2003 Page 5 Development published by the International Society of Arboriculture (ISA). (Copies of reference materials submitted by Mr. Torres included an excerpt from the City Code for Lake Oswego, and excerpt of the City Code for Portland, and the ISA Trees and Development technical guide to preservation of trees during land development.) Mr. Knapp testified on the difference between guidelines and standards insofar as the ISA outlined guidelines only and has no official sanction with regard to setting standards. Mr. Knapp explained how they attempted to plan for the best tree protection available, including: 1. Locate the road as far away as possible. 2. Build up, rather than down (no intention to cut roots or remove soil) 3. Use a geotech fabric base to facilitate a permeable surface. He also described the type of rock that would be used and how ventilation to the tree roots would be provided. He said he expected that they would be able to maintain a healthy environment for trees. Mr. Knapp described the trees on the site and the tree protection measures that would be incorporated during construction. > Mr. Mark Padgett, 12974 SW Princeton Lane, Tigard, OR testified as the Chairman of the Planning Commission to clarify two points: 1. Issue of "shared trees" - the ownership of the trees is not a land use issue and could not be considered by the Planning Commission. Chairman Padgett advised that the Planning Commission vote was unanimous. C 2. The Planning Commission considers tree preservation is important. There must be a balance between development and environment interests. The Commission decided the applicant presented a good plan for tree preservation. y i ' Meeting recessed at 9:12 p.m. Meeting reconvened at 9:23 p.m. Tigard City Council Meeting Minutes - duly 22, 2003 Page 6 Rebuttal - Appellants > Mr. Dan Kearns, attorney representing the appellants, 910 Oregon National Building, 610 SW Alder Street, Portland, OR 97205 submitted two newspaper articles for the record and commented that these should have been mentioned as ex parte Information. Mr. Kearns also submitted a June 30, 2003, letter from Jay Larson of Northwest Arbo-Culture, Inc. Mr. Kearns' rebuttal points Included the following; ■ This would be a good site for the proposed development If there were no trees on the property. ■ Some of the trees have shared ownership; therefore, the developer cannot take them down. ■ Referred to TMC 18.790.030 and said the developer was proposing to take out 21 % of the trees thereby narrowly avoiding some to this section's mitigation (triggered If 25% of the trees are removed) requirements. However some of the remaining trees will be placed in great jeopardy. ■ The applicant has the burden of proof that their plan Is adequate. ■ Referred to City Forester Matt Stine's testimony and his concerns about the developer's proposal. ■ The tree protection plan presented by the developer is inadequate and referred to the ISA recommendations. ■ Referred to the City' Tree Protection Manual. ■ Objected to the characterization of the appellants' concerns as "perception." ■ Advised of impacts to trees with the road construction planned. ■ If the trees should fall, some homes could be hit. ■ Noted concerns about root disturbance and the removal of the trees' anchor systems. ■ Would like to see a financial guarantee required as well as something in writing about "wind throw." 0 During discussion with Mr. Kearns, Councilor Moore commented that the 3 City's Tree Protection Manual applied to City-owned property. For property to be developed, a Tree Protection Plan must be submitted by the developer. > Mr. Ken Patton, 16459 SW 108' Avenue, Tigard, OR presented rebuttal testimony with regard to drainage on his property. When adjacent property was developed in 1986, the developer was required to direct water runoff so that it would bypass his property. A 10-inch Tigard City Council Meeting Minutes - July 22, 2003 Page 7 pipe is clogged. Mr. Patton relayed his concerns about potential flooding and also silting of the pond located on his property. He would like the developer to be required, in writing, to unclog the 10-Inch pipe. City of Tigard Project Engineer Brian Rager commented on the natural drainageway; the fact that no onsite retention is required of the developer by Clean Water Services (because of proximity to the Tualatin River and additional flow into the drainageway will not cause problems). With regard to the 10-inch pipe, it was noted that even with a 25-year storm event, the water will stay within the existing channel and will not flood property. The developer must deal with erosion. Applicant Rebuttal > Matt Sprague, 9600 SW Oak Street, Suite 230, Portland, OR referred to the appellants' attorneys comments that trees would fall. Mr. Sprague said the attorney could not prove that trees would fall. Mr. Sprague's comments included the following; ■ No onsite water detention is required. ■ Described why the road is proposed to be located as planned. There was discussion on the road location among the Council, staff and applicant. Councilor Dirksen commented that he would like to see some written assurances that water runoff issues would be worked out to protect Mr. Patton's property. Councilor Wilson noted there is an obligation of the developer to keep silt off of Mr. Patton's property and that there would be additional water runoff, but in an amount that should not cause a problem. Mr. Sprague noted the erosion control that would be required during construction including a water quality Swale. He said there is potential for runoff on two adjacent properties. Mr. Spragrue noted the intention to provide an infiltration barrier to prevent silt from depositing into Mr. Patton's pond. Project Engineer Rager said the concern with the pond isn't necessarily related to erosion; however, additional flow could stir up sediment and there are no standards that say that the developer needs to prevent this "stirring up." City Attorney Firestone advised that increased flow is not an issue. Tigard City Council Meeting Minutes - July 22, 2003 Page 8 Mr. Knapp noted the requirements to preserve and protect trees have been met. Mr. Torres read from a memo written by City Forester Matt Stine that indicated he was less worried about impacts of this development with the proposed design. The appellants did not submit an arborlst report for preview. Again Mr. Torres referred to the ISA guidelines (not standards) and the need to exercise professional judgment. Councilor Dirksen discussed with City Attorney Firestone the conditions of approval that could be required including a potential bond relating to guarantees of the developer. d. Associate Planner Kilby recommended that the Council approve the proposed development as approved by the Tigard Planning Commission. e. Mayor Griffith closed the public hearing. f. Discussion followed. City Attorney Firestone advised the Code requires a plan. To impose a condition on the developer to submit a bond, the Council would have to find that the tree protection plan is inadequate. The Council has no express authority to require a bond. Councilor Wilson said he thought the tree protection plan provided by the developers was adequate. The Code does not give the City authority to impose additional requirements; the authority rests with the developer's arborist. The Code has been followed and now the City must make sure the developer follows the plan presented and to rely on professionals to do their job. Councilor Wilson advised he would vote against the appeal. Councilor Moore referred to the developer's testimony regarding the plans to protect the trees and that the drainage would be adequately provided for. He said the developer's plan is acceptable. Councilor Sherwood said there was no evidence that the applicants would not do a good job. City Attorney Firestone confirmed that the burden of proof that the Code requirements have been satisfied rests with the applicant. Councilor Sherwood reiterated that there has been no evidence showing that the applicants are not in compliance. Councilor Dirksen advised he was distressed that the City could not enforce additional requirements and was concerned about storm water flow. He noted there were no guarantees offered; therefore, he would vote in favor of the appeal. Tigard City Council Meeting Minutes - July 22, 2003 Page 9 g. Council consideration: Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Resolution No. 03-29. RESOLUTION NO. 03.29 - A RESOLUTION UPHOLDING THE PLANNING COMMISSION'S FINAL ORDER APPROVING BRETTON WOODS SUBDIVISION (SUBDIVISION [SUB] 2003-00001/PLANNED DEVELOPMENT REVIEW [PDR] 2003-00001/ZONE CHANGE (ZON) 2003-00001 /ADJUGSTMENT [VAR] 2003-00006/ADJUSTMENT [VAR] 2003-00007) The motion was approved by a majority vote of Council present: Mayor Griffith - Yes Councilor Dirksen - No Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes h. Council will consider a final order, with findings, at its August 12, 2003, meeting. 6. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA) 2003-00001 BRETTON WOODS SUBDIVISION ANNEXATION REQUEST: The applicant is requesting to annex one (1) parcel of land containing 2.34 acres into the City of Tigard. LOCATION: 16455 SW 1081 Avenue; WCTM 2S] 15AA, Tax Lot 1400. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted i conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for r annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. D a. Mayor Griffith opened the public hearing. b. The Mayor read through the following: Tigard City Council Meeting Minutes - July 22, 2003 Page 10 Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? (None reported.) - Have all members familiarized themselves with the application? (All Council members indicated they were familiar with the application) Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? (There were no challenges. C. Assistant Planner Kilby presented the staff report and advised staff recommended the Council approved the proposed ordinance d. Public Testimony The Mayor read the following: - For all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria described by staff' or other criteria in the plan or land use regulation which you believe apply to the decision. Proponents: ■ Applicant's representative Matt Sprague, 9600 SW Oak Street, Suite 230, Portland, OR testified that the applicant concurs with the staff report. e. Mayor Griffith closed the public hearing. f. Council Consideration: Motion by Councilor Sherwood, seconded by L Councilor Dirksen, to adopt Ordinance No. 03-06. The motion was approved by a unanimous vote of Council present: J Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - July 22, 2003 Page 11 7. CONSIDER AFFORDABLE HOUSING FEE ASSISTANCE REQUEST Associate Planner Roberts presented the staff report and Henry Alvarez, representing Washington County, reviewed the improvements made to Bonita Villa. The project meets City guidelines with respect to eligible activities, zoning, time limits, and Enhanced Safety participation. It does not meet guidelines with respect to the dollar amount requested. The guidelines were set to allow Council flexibility in its application to specific projects. The staff report outlined the reasons why staff recommended that Council approve the request. Councilor Sherwood, who sits on the Washington County Housing Advisory Board, advised she would abstain from voting on this request. Motion by Councilor Wilson, seconded by Councilor Dirksen, to approve the request from Washington County Housing Services for fee assistance and authorize up to $10,000 in fee reimbursement, with the actual amount to be detemnined based on the eventual fees and charges assessed. The motion was approved by a majority vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Abstained Councilor Wilson - Yes 8. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 - PORTIONS OF SW MURDOCK STREET, 100T" AVENUE) a. Mayor Griffith opened the public hearing. o. b. Project Engineer Greg Berry presented the staff report, which is on file with the City Recorder. N There was discussion among City Engineer Gus Duenas and Council members about the Reimbursement District Program. On August 12, District Nos. 28 m and 29 will be reviewed with regard to status of bids received and information W -J about how to prioritize funding and construction of District Nos. 27, 28, and 29. None of these districts have been formed. In addition there was discussion about some amendments to the program suggested by City Engineer Duenas at the July 15, 2003, workshop. The Council will consider amending the Sewer Reimbursement District Program at a later date. Tigard City Council Meeting Minutes - July 22, 2003 Page 12 S C. Public Testimony ■ Daniel Garner, 15065 SW 981 Avenue, Tigard, testified that he has lived at this location for 13 years. He disagreed that the neighborhood meeting forming this district was "supportive" and that he would characterize the mood of those present as "hostile." He noted he was "thunderstruck" by the amount he would have to pay if he connected to the sewer. He asked the Council consider the timing (economic times) and to prioritize the formation of the sewer districts to those area that need sewer. He noted that Peppertree residents were not included in the district and that the costs would be reduced if they were added. City Engineer Duenas noted the reasons why the Peppertree area was not included in the District, including the fact that these homes are relatively new. ■ Jim Corliss, 9750 SW Inez, Tigard OR advised that he owns undeveloped property at 100' and Murdock and that he supports sewer installation. He would like to see alteration of the provisions so that one must hook up to the sewer within three years after development occurs on the property. City Engineer Duenas advised that the proposed amendments (to be considered by Council at a later date) would address this matter. Mr. Corliss also referred to storm drainage problems in the area. ■ Steve Davidson, testified that he was concerned about repair or replacement of existing septic systems should sewer be available. He also commented on the financial issues for property owners. d. Project Engineer Berry advised staff recommended that the Council approve formation of Reimbursement District No. 27. IL e. Mayor Griffith closed the pubic hearing. it r f. Council Discussion: Three sewer reimbursement districts are ready to be formed - only two can be funded this year. It was decided that the Council would consider whether to form each of these districts at L9 its August 12 meeting and decide which two will be funded this year and which one will be funded next fiscal year (after July 1, 2004). 9. COUNCIL LIAISON REPORTS: Councilor Dirksen advised that the Transportation Financing Strategies Task Force had reached a consensus on the street maintenance fee and would report its findings to Council next month. Tigard City Council Meeting Minutes - July 22, 2003 Page 13 10. NON AGENDA ITEMS: None 11. EXECUTIVE SESSION: Not held 12. ADJOURNMENT: 11:22 p.m. at erme Wheatley, ity ecor er Attest: 41.4 % I a r, i o ar 1:W DMICATHY\CCKA20031030708.DOC 0. _J m W J Tigard City Council Meeting Minutes - July 22, 2003 Page 14 COMMUNITY NEWSPAPERS Legal P.O. BOX 370 PHONE (503)684-0360 N oticeTT 10272 BEAVERTON, OREGON 97075 Notic Legg The following will be considered by the Tigard City Council on Tuesday July 22, 2003 at 7:30 PM at the Tigard Civic Center - Town City of Tigard Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 13125 SW Hall Blvd. Public oral or written testimony is invited. The public hearing on this fii gard , Oregon 9 7 2 2 3 matter will be held under Title 18 and rules of procedure adopted by Accounts Payable the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060E. ° Further information may be obtained from the Planning Division (Staff' contact: Brad Kilby) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling at 503-639-4171. PUBLIC HEARING ITEM:-, AFFIDAVIT OF Pt ZONE CHANGE ANNEXATION (ZCA) 2003-00001 STATE OF OREGON, > BRETTON WOODS SUBDIVISION ANNEXATION < COUNTY OF WASHINGTON, j SS' REQUEST: The applicant is requesting to annex one (1) parcel of---. land containinV.34 acres into the City of Tigard. LOCATION: I, Ka t h=Inyder 16455 SW 108 Avenue; WCTM 2SI15AA, Tax WNW. ZONE:- being first duly sworn, depose and say the R 4.5: Low-Density Residential District. The R4.5 zoning district is esied Director, or his principal clerk, of thgicL wi thi to out accessory accommodate identialetaunits cheat minimumylot homes wit size of 7 50r a newspaper of general circul On as e1 and 193.020; published at fl-gar square feet. Duplexes and attached single-family units are permitted _ aforesaid county and at te• thatt tthhg conditionally. Some civic and institutional uses are also permitted Public ueni cT~ZCA 20133-00d conditionally. APPLICABLE REVIEW CRITERIA: The- approval standards for annexations are set out in Community- a printed copy of which is hereto annexed,, 4 at $3Q0,:.,Comprehensive entire issue of said newspaper for TWO r!~ Po toes an Ctiapfe~g2, d Metm`Code Chapter 3.09. consecutive in the following issues: ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION July 3,10,-2003 AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY - FIVE CENTS (25¢) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25¢) PER PAGE, OR THE Subscribed and sworn to a me this 1 1 CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. INFORMATION IS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACTS LISTED ABOVE. ===cx=a= My Commission Expires: 1fAt00300001 AFFIDAVIT GARD ITYUM "MON WOODS SUIMSION ANNEXATION S WAS i a.ML.W Yf-- - J.• - _ - nrr I ti IT 10272 -Publish luly 3, 10, 2003. z Inv ; t r>ar a~f °ioo~ uMr `s 01 c ~ at~'~` 6 ~m wqg Plaq aq rtrM a E'q LmVq Pau 01 qo~ a I PI 0M-40 S ,Uo o at a o f ur PJemq; M $W 8ur~ dlaq veo % . aAoxa ur pus our erpuj 3o 0A 321pem r>~ a pus JO saogtro Ieuol ~~a` opuaw ra a;eo Ulan ruaase ~I►H 4181) uu ~ ,Oo film P Jago uadxg ■ Al Puss Dill +Idim .1% 2Pns Pte ; -eutro~ru £L-bI9-EOS III `uo WS04o '~Ir mds g I gnvargyy ! peon a w "Pi '6I$ si lso U SUPugsS r!urtittaj sdrq i `sndrusOllMSauruds i41 H SOLL I f pu. sapn[ ur ssejaorWsul Su!pl. 3 901 art 9`03d a gr Uudsur `8u'8uallsQ It. sse aU rtr e 6 uroy Pla bI -Wroo oa pau8isa gd~zsoragd aurq ' s a r I '£eP-auo aqZ sa8ua q ail IMWO•uou a ap sera uorsmo . aldoad anorgi XUAt .Iraq! o Jo sdua play u uo8duaologd -woo S1gdoqsoor JO q Pu. lip M103 e uoissed bLL6 8£S- 0 ■ CDM u r e sgrrm as n6 ' ~ua o 04n w0wotn arouraol E $ s!II% oS .<p . 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BOX,' bli, SSn aqr 1>' •ur•e I I or 6 uco~ BEAVERTON',br(L c-...,,••_ ;bLL6-8£9 -uyuoa On", sAepsanf• son [ ~Inf ue$aq rtonlm `ssero Legal Notice Advertising City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. 'Pigard,Oregon 97223 ° ❑ Duplicate Affidavit Accounts Payable 1 i AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) gg PUF2CHA COUNTY OF WASHINGTON,) OROEFW: 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising ACG4UNT~ Director, or his principal clerk, of th9ligard-Tualatin Times a newspaper of general circulatipn asddefined in ORS 193.010 and 193.020; published at lgar in the aforesajd county and st to thatt tthQ Public Hearing~KA 20003-00001, Bretton Woods! a printed copy of which is hereto annexed, was published in the ~APPP OPgIATIO entire issue of said newspaper for TWO successive and fBALAKIc: ' ' PU CH SP66ALt3 consecutive in the following issues: ~Pnznir~►•i.: July 3,10,2003 r Subscribed and sworn to a me this 1 th day of July, 2003 URCIAL SEAL ROSIN A BURGESS tary Public for Oregon ) NCTARYPUBLIC-OREGON CC Iv S'.SK)N NO. 344552 My Commission Expires: AFFIDAVIT COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE 503)684-0360 Legal ~ Notice TT 10266 BEAVERTON, OREGON 97075 Legal Notice Advertising 'City of Tigard CITY OF TIGARD 13125 SW Hall Blvd. OREGON `Tigard,Oregon 97223 Accounts Payable MEETING NOTICE The Tigard City Council will meet on Tuesday, July 22, 2003, at-7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon, to consider proposed Planning fee adjustments to the AFFIDAVIT OF PU Master Fees and Charges Schedule. Public input is invited. Further information may be obtained from the Planning Division at 13125 SW STATE OF OREGON, ) a3 Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171. COUNTY OF WASHINGTON,) TT 10266 - Publish July 10, 2003. i, Kathyy er being first duly sworn, depose and say that I am the Advertising ACCOUINT Director, or his principal clerk, of the Ti gar(I-Tua 1 at i n Times a newspaper of general circulation as defined in ORS 193.010 _ and 193.020; published at Tigard in the T aforesaid county and st to tthat the Meeting Notice/ - Master Fees an- charges Schedule _ a printed copy of which is hereto annexed, was published in the ON entire issue of said newspaper for-QNE successive and consecutive in the following issues: f'r,ClAL T i July 10,2003 i.;i1.+%fiJi-IlezNT APPROVAL: X t Subscribed and sworn to a me thi , 2003 . , _ 1 r POBIN A BURGE7 7, tart' Public for Oregon i.~iTARYPUBLIGOREGON ~,~a,1;1!G^,IONNO 3445H8 My Commission Expires: CITY OF TIGAItD OREGON TIGARD CITY COUNCIL MEETING July 22, 2003 COUNCIL MEETING WILL BE TELEVISED n u I:\DtslDonna's\Ccpkl3 13125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, D n k? M 6. ~.✓A , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) o~ 3 1" 6 , which were adopted at the City Council meeting of with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon Signature of Person who Perfo Posting r Subscribed and sworn (or afUrred) before me this day of fA It/ 20 5 i i Signat a of No Public for Oregon OFFICIAL SEAL J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 3M6 MY COMMISSION EXPIRES APR. 27, 2007 \1TIG333\USRIDEPTSWDKGREER\FORMS%FFIDAVITSWFFIDAVIT OF POSTING - ORDINANCE.DOC CITY OF TIGARD, OREGON ORDINANCE NO.2003-0,0 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2003-00001/11RETTON WOODS SUBDIVISION ANNEXATION AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, CLEAN WATER SERVICES, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services, and the Washington County Vector Control District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on July 22, 2003 to consider the annexation of a parcel of land consisting of 2.34 acres and withdrawal of said property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services, and the Washington County Vector Control District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.04, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services, and the Washington County Vector Control District on July 22, 2003; and i WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from j the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services, and the Washington County Vector Control District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the current and proposed zoning district is R-4.5, therefore, no zone change is necessary; and ORDINANCE NO.2003-_Cli ZCA2003-01 Bretton Woods Subdivision Annexation Page I of 2 WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services, and the Washington County Vector Control District. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services, and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2004. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By _ A nCti11 MRS vote of all Council in mbers present after being read by number and title only, this c~a nd day of 2003. i K 'eatherineW%eatley, City Recorder APPROVED: a By Tigard City Council this day of 22003. A,^ IM PW-W e(0es E. 60M V, Vor Appro as )L --tILA c~ID4 City A ey ate ORDINANCE NO.2003-_OLtL ZCA2003-01 Bretton Woods Subdivision Annexation Page 2 of 2 EXHIBIT A ALPIIA ENGINEERING:, INC. APRIL 9, 2003 LEGAL DESCRIPTION JOB NO. 328-014 ANNEXATION OF PROPOSED "BRETTONWOOD" TO CITY OF TIGARD A PARCEL OF LAND BEING A PORTION OF LOT 28 AND LOT 29, "WILLOWBROOK FARM", LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE I WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INITIAL POINT OF "REBECCA PARK", WASHINGTON COUNTY PLAT RECORDS; THENCE ALONG THE SOUTH LINE OF SAID PLAT AND ITS EASTERLY EXTENSION THEREOF, (BEING ALSO THE EXISTING CITY LIMIT LINE OF THE CITY OF TIGARD) SOUTH 89°45'38" EAST, 666.51 FEET TO THE WEST RIGHT OF WAY LINE OF SOUTHWEST 108' AVENUE (C.R. NO. 1366) (BEING 20.00 FEET WESTERLY AT RIGHT ANGLE MEASURE FROM THE CENTERLINE OF SOUTHWEST 108' AVENUE); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°11'57" EAST, 150.36 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN DEED DOCUMENT 2001-015347, WASHINGTON COUNTY DEED RECORDS; THENCE LEAVING SAID RIGHT-OF-WAY LINE ALONG THE SOUTH LINE OF SAID DEED, SOUTH 89048'40" WEST, 666.49 FEET TO THE SOUTHWEST CORNER OF SAID DEED; THENCE LEAVING SAID LINE, ALONG THE WEST LINE OF SAID DEED, NORTH 00°11'57" WEST, 155.34 FEET TO THE POINT OF BEGINNING. CONTAINING 2.34 ACRES MORE OR LESS. BASIS OF BEARING PER THE PLAT OF "REBECCA PARK', WASHINGTON COUNTY PLAT RECORDS. r REGISTERED PROF SIOAIAL r LAND SURVEYOR OREG JULY 14 1998 ,t.av ra. 0 2875 N.\proj\328-014\Word\32814Mnexation_leg.doc Plaza West • Suite 230 • 9600 SW Oak • Portland, Oregon 97223 Office 503452-8003 • Fax 503-452-8043 • www.aipha-eng.com LEGIBILITY STRIP V/ ® 0 CITY of TIGARD ~ I-~RO ® VICINITY MAP F- KA200"s-00001 x a Lu GMD CITY LIMIT' BRETTON WOODS SUBDIVISION ANNEXATION A V ~ aJ. as cew 0 v WAS W an o OMfA D ~DttO. - Tipvo Mel Mop DO T A N 0 100 200 300 400 500 FaN 1'- 357 feet City of Tigard Infnnmtion on thi4 m.p t. for Q--l ID-U- WY and should M verifad with Ns pevelopmsnl Saniu4 Division. 13125 SW Hall Blvd Tiperd, OR 97223 (503) 639.4171 ttp'lrw«v+.ci.U9.rd.or.us Plot date: Jun 3, 2003; C:UnagicWIAGIC03.APR Community Development Mayor's Agenda Revised 7/18/03 TIGARD CITY, COUNC{1 MEETING,. ~0 `-JULY 22,'~,20Q3 6-3,0 p m CITY OF TIGARD OREGON TIGARD CITY' HALL 13125 SW<'HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and L • Qualified bilingual interpreters. r Since these services must be scheduled with outside service providers, it is important to allow 3 as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JULY 22, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING JULY 22, 2003 6:30 PM • STUDY SESSION > UPDATE - WASHINGTON COUNTY EFFORTS - WEST NILE VIRUS • Staff Report: Public Works Department • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) C 7:40 PM 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: i r 3.1 Approve Council Minutes for June 17, 2003 3.2 Appoint Seven New Members, an Alternate, and an Ex-Officio Member to the Park and Recreation Advisory Board - Resolution No. 3.3 Approve the Willamette River Water Coalition Intergovernmental Agreement COUNCIL AGENDA - JULY 22, 2003 pag! 2 3.4 Local Contract Review Board: a. Award Contract for Crack Sealing of 92,250 Linear Feet of Cracks to Ashwood Construction, Inc. b. Award Contract for Engineering/Security Services - Water System Vulnerability Assessment to CH2M Hill/IDC C. Award Contract for Street Sweeping to Great Western Sweeping, Inc. New 3.5 Approve the Dedication of a Portion of the Library Property along the Hall Boulevard Frontage to the Oregon Department of Transportation as Required by the Conditions of Approval for the New Library Project and Authorize the City Manager to Sign the Documents • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. Note: The Mayor may wish to acknowledge the following Park and Recreation Advisory Board appointees who have said they would be in the audience: ➢ Carl Switer ➢ Shelley Richards ➢ Mike Freudenthal ➢ Darrin Marks 7:45 p.m. 4. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS a. Comments by Senator Burdick and Representative Williams b. Council Discussion 8:15 P.M. 5. CONTINUATION OF QUASI-JUDICIAL PUBLIC HEARING FROM JULY 8, 2003 - CONSIDER THE APPEAL OF THE BRETTON WOODS SUBDIVISION (SUB2003-00001 /PDR200300001 / VAR2003-00006/VAR2003-00007) CL it ITEM ON APPEAL: On May 28, 2003, the Planning Commission approved a request for a 10-lot Subdivision and Planned Development on 2.34 acres. The lots are to be developed with detached single-family homes. Lot sizes within the development are between 5,500 and 6,879 square feet. The applicant also m 0 requested approval for an Adjustment to the 200-foot cul-de-sac length standard, W J and an Adjustment to the street improvement requirements of the Tigard Development Code Chapter 18.810. The Adjustment would allow the applicant to construct a curb-tight sidewalk as opposed to a sidewalk separated by a planter COUNCIL AGENDA - JULY 22, 2003 page 3 strip along SW 108' Avenue. On June 11, 2003 an appeal was filed pertaining to issues raised related to tree safety and water run-off through adjacent property caused by the development. LOCATION: 16455 SW 108' Avenue; WCTM 2S115AA, Tax Lots 1301 and 1400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.790 and 18.810.100. a. Continue Public Hearing b. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? C. Staff Report: Community Development Staff d. Public Testimony - For all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria described by staff or other criteria in the plan or land use regulation which you believe apply to the decision. - Appellants' Summary of Appeal - Proponents of the Appeal - Opponents of the Appeal L - Appellants' Rebuttal r - Applicants' Rebuttal n - Proponents - Opponents - Rebuttal D a 1 e. Staff Recommendation f. Council Discussion COUNCIL AGENDA - JULY 22, 2003 page 4 g. Close Public Hearing h. Council Consideration: Consider Whether to Uphold or Deny the Planning Commission's Decision - Resolution No. 3_2 Councilor: I move for adoption of the proposed Resolution. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No._, please say "nay. " Councilors: Mayor: Resolution No. _(is adopted or fails) by a (unanimous, or however votes were split) vote. 9:00 P.M. 6. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA) 2003-00001 BRETTON WOODS SUBDIVISION ANNEXATION REQUEST: The applicant is requesting to annex one (1) parcel of land containing 2.34 acres into the City of Tigard. LOCATION: 16455 SW 1081" Avenue; WCTM 2S 115AA, Tax Lot 1400. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate a detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units N are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and m 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro J Code Chapter 3.09. a. Open Public Hearing COUNCIL AGENDA - JULY 22, 2003 page 5 b. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? C. Staff Report: Community Development Staff d. Public Testimony For-all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria described by staff or other criteria in the plan or land use regulation which you believe apply to the decision. Proponents Opponents Rebuttal e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Ordinance No. FI p r Councilor: I move for adoption of the proposed Ordinance. Councilor: 1 second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. 1 City Recorder: (Reads as requested.) Mayor Is there any discussion? COUNCIL AGENDA - JULY 22, 2003 page 6 Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: *Ordinance No. _ (is approved or fails) by a (unanimous or however votes were split) vote. 9:25 p.m. 7. CONSIDER AFFORDABLE HOUSING FEE ASSISTANCE REQUEST a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Motion to approve the request from Washington County Housing Services for fee assistance and authorize up to $10,000 in fee reimbursement, with the actual amount to be determined based on the eventual fees and charges assessed. 9:35 p.m. 8. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 - PORTIONS OF SW MURDOCK STREET, I Wli AVENUE) a. Open Public Hearing b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Resolution No. 3 Councilor: 1 move for adoption of the proposed Resolution. Councilor: 1 second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) C Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. please say "aye. " 1 t 1 Councilors: Mayor: All of those opposed to adopting Resolution No._, please say "nay. " COUNCIL AGENDA - JULY 22, 2003 page 7 Councilors: Mayor: Resolution No. ,(is adopted or fails) by a (unanimous, or however votes were split) vote. 9:45 p.m. 9. COUNCIL LIAISON REPORTS 9:50 P.M. 10. NON AGENDA ITEMS 9:55 P.M. 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 P.M. 10. ADJOURNMENT 1:\ADM\CATHY\C CA\2003\030722). DOC L e i 1 1 1 I COUNCIL AGENDA - JULY 22, 2003 page 8 I Walter H. Knapp ((T~/~ Gc1Y~vL. ) Silviculture and Urban Forestry 7 , 03 d7 / (lt~►~" Walter H. Knapp Curriculum Vitae Mr. Knapp's professional experience spans more than 44 years. For the past 11 years, he has worked as a consultant in silviculture, forest ecology, and arboriculture. His clients have included S cities, Port of Portland, Oregon Parks and Recreation Department, Oregon Department of Transportation, and a wide variety of individuals, homeowners associations, and land development companies in the private sector. He has represented clients as an expert witness. Prior to entering the private consulting arena, he completed a full career with the USDA Forest Service, retiring as Regional Silviculturist for the Pacific Northwest Region, with experience in all of the major forest ecotypes of the Pacific Northwest. Mr. Knapp holds certifications as a silviculturist (USDA Forest Service), forester (Society of American Foresters - SAF), and arborist (International Society of Arboriculture). He is past national chairman of the SAF Silviculture Working Group. Mr. Knapp has authored or co-authored numerous publications, including those in refereed journals. He has been a speaker at many professional conferences and has lectured in silviculture at Oregon State University College of Forestry. His professional practice includes arboriculture as well as urban forestry and silviculture. Education and Certifications • M.S., Forest Resource Management, University of Idaho • B.S., Forestry, Pennsylvania State University • CEFES. Graduate studies in forest ecology and silviculture at three Pacific Northwest universities. • American Society of Consulting Arborists (ASCA) Consulting Academy • Certified Forester, SAF 406 • Certified Arborist, ISA PN-0497 L 3 D 9 7615 SW Dunsmub Lane Beaverton, OR 97007 PhoneJFax: (503) 646-4349 <.Su~Jmrt~ 7y -719--103 Arboriculture and Forest Pathology 4-7 Cap,0-&-~ Peter R. Torres Curriculum Vitae Peter Torres began his career in arboriculture as a Massachusetts Certified arborist in 1979. As a working arborist in New England, the Southwest, the West Coast, and currently, over ten years in the Pacific Northwest, he has become familiar with most of the tree species populating the urban and the wild environments. Currently the president of Multnomah Tree Experts, Ltd., Peter has been based in the Portland, Oregon area since 1992. His clients include cities as far away as Grants Pass, many construction and development companies, Multnomah County, Metro, and a constant stream of private property owners. Mr. Torres is a dertified arborist with the International Society of Arboriculture (PN-0650.) Seeking further knowledge, he earned his Master's degree in the Department of Forest Science at Oregon State University in 1997, where he concentrated in forest pathology. Shortly thereafter, he qualified as a Registered Consulting Arborist (No. 372) with the American Society of Consulting Arborists. Continuing education is an ongoing process, both for the love of the subject matter, and to maintain the various certifications. Education and Certifications ► Baccalaureate from Colby College, Waterville, Maine, with distinction in philosophy ► Master of Forestry, Oregon State University, Corvallis, Oregon ► ISA Certified Arborist (PN-0650) ► ASCA Registered Consulting Arborist, No. 372 ► Registered Yoga Teacher with the Yoga Alliance, 500 hour level torrespt(oaracnet.com 8325 SW 42 nd Ave., Portland, OR 97219 (503) 452-8160 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING - STUDY SESSION July 22, 2003; 6:30 p.m. The Study Session is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Session to the Town Nall. • STUDY SESSION > UPDATE - WASHINGTON COUNTY EFFORTS - WEST NILE VIRUS o Staff Report: Public Works Department • ADMINISTRATIVE ITEMS o Remove Item 3.4 c. - Award Contract for Street Sweeping to Great Western Sweeping, Inc.; current contract has been extended for 30 days to resolve issues on this item. o New Park 8L Recreation Advisory Board Members will attend the meeting. Staff has heard from the following individuals that they will attend: Carl Switzer, Shelley Richards, Mike Freudenthal, Darrin Marks. o Letter has been distributed to the Council members in their mail packet from Washington County to help celebrate National Night Out at Metzger Park. Activities are being planned by the Tigard Police Department also. o Packet to be distributed to the Council for the July 29, 2003, special City Council meeting with the County Board of Commissioners. • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any L information discussed. No Executive Session may be held for the purpose of taking any r final action or making any final decision. Executive Sessions are closed to the public. Executive Session - The Public Meetings Law authorizes governing bodies to meet In executive session in certain limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660(1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660(l) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660(l) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(l) (e) - Real property transaction negotiations. 192.660(l) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660(1) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(1) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be flied. 192.660(1) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) (j) - Public investments - to cant' on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (1) (k)- Relates to health professional regulatory board. I:\ADMICATHY\COUNCILICCLIST1030624.DOC C J .1 J S+U&L AGENDA ITEM # FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update - Washington Count Efforts - West Nile Virus PREPARED BY: Eric Hand, WW/STM Sup DEPT HEAD OK A~GCITY MGR OK bA/V,\- ISSUE BEFORE THE COUNCIL Informational Review - City of Tigard Public Works West Nile Response Plan and an update regarding coordination with Washington County Health Department and Multnomah County Vector & Nuisance Control Department. STAFF RECOMMENDATION No recommendations, an informational update only. INFORMATION SUMMARY This is a brief power point overview of the City of Tigard Public Works West Nile Response Plan and an update as to the proactive approach the Public Works Department is taking in coordination with Washington County Health Department and Multnomah County Vector & Nuisance Control Department. OTHER ALTERNATIVES CONSIDERED None at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not Applicable ATTACHMENT LIST 1. City of Tigard Public Works West Nile Response Plan ` Appendix A. City of Tigard Education/Communication Plan Appendix B. Washington County West Nile Virus Brochure, Mosquito Control, What you can do to help Appendix C. City of Tigard Sampling Sites & Procedure • Appendix D. Washington County West Nile Virus Response Plan, West Nile Risk Plan i Appendix E. Washington County Intergovernmental Agreement Appendix F. Multnomah County Intergovernmental Agreement Appendix G. City of Tigard West Nile Virus Fact Sheet & Frequently Asked Questions. FISCAL NOTES The estimated cost of mosquito control services provided by Multnomah County Vector & Nuisance Control Department is $2,000. These funds are budgeted in the Park fund. An additional $1,000 of mosquito sampling and control materials have been purchased by the Storm fund for use in storm water quality facilities and catch basins, if needed. City of Tigard Public Works West Nile Response Plan July 2003 I. Objective II. Situation & Assumptions III. Explanation of West Nile Response Plan IV. Background of Mosquito Control in Tigard V. Action Plan A. Education B. Surveillance C. Control Strategies VI. Plan Review and Update Appendicies Appendix A. Education/Communication Plan Appendix B. Washington County WNV Brochure Sample Appendix C. Sampling Sites & Procedure Appendix D. Washington County Heath Department WNV Response Plan i Appendix E. Washington County Intergovernmental Agreement (IGA) i Appendix F. Multnomah County Vector & Nuisance Control Intergovernmental Agreement (IGA) Appendix G. WNV Facts Sheet & Frequently Asked Questions & Phone Numbers i I. Objective The purpose of this plan is to provide guidance to the City of Tigard on planning and responding to the presence of West Nile Virus in Washington County and the City of Tigard. II. Situation & Assumptions A. The West Nile Virus (WNV) is expected to reach Oregon during the summer of 2003 when migratory birds return from their wintering areas in the southern US, and Central, and South Americas. 6. State and County Health are the lead agencies for this type of hazard, however, the City needs to have specific plans and procedures in place on how it plans to respond to this threat. C. While the threat posed to humans by the virus is quite low, it has generated a significant level of public concern. D. The information in the plan is based on the CDC's Epidemic/Epizootic West Nile Virus in the United States: Revised Guidelines for Surveillance, Prevention, and Control. III. Explanation of City West Nile Response Plan To address the mosquito threat associated with the West Nile virus and public lands and drainage systems, the City of Tigard has developed a plan that works in concert with the West Nile Risk Plans developed by the Washington County Health Department, Multnomah County Vector & Nuisance Control, and the various other cities and agencies in Washington County. The City of Tigard's plan, like that of Washington & Multnomah Counties, consists of three parts: Education, Surveillance, and Response. i The primary function of the plan is to educate the public and City employees r as to the actual risk of contracting the disease (very low) versus the perceived risk (high). The plan also includes a process for assessing levels of risk through collection of mosquito surveillance data and responding with the appropriate actions. 2 IV. Background of Mosquito Control in Tigard Since 1998 the City of Tigard (Parks) has contracted through an intergovernmental agreement with the City of Durham who then subcontracted with Multnomah County Vector & Nuisance Control (MCVNC) or at present a direct contract with MCVNC to perform nuisance mosquito control at various sites throughout the City. Mosquito control (larvacide) is performed only on City owned properties. This program has proven very effective at reducing the number of mosquitoes in these areas. See list of site maintained by MCVNC. V. Action Plan A. Education The public education element of this response plan will offer suggestions to reduce the risks of exposure to mosquitoes and the virus to both the public and City employees. The theme of our message is consistent with that of the Oregon Department of Human Services, Washington County Health Department, Multnomah County Vector & Nuisance Control and other local cities and agencies. The following elements comprise the Education portion of the City's response plan: 1. Frequently Asked Questions (FAQ's) about West Nile virus has been developed for the general public. A list of FAQ's has been prepared to address the WNV issues and will be posted on the City of Tigard website. These FAQ's, as well as other WNV educational material, will be available in English and Spanish. 2. Website development - In addition to posting the FAQ's on our website, links will be established to the Center for Disease Control, the Oregon Department of Human Services, Washington County Health Department, MCVNC, and the J National Pesticide Information Center. Other WNV links may be added as they become available. 3. WNV brochures - Brochures on WNV and mosquitoes have been procured from the Washington County Health 3 Department for public distribution at City Hall, Library, Public Works Annex, and Finance. 4. WNV presentations to City employees - During March the City of Tigard PW Department received a presentation on WNV and mosquito control issues from MCVNC so that they would be better informed and able to respond to public inquires. Additional presentations for City employees will be conducted during the summer of 2003 as WNV approaches Washington County. 5. Employee Personal Protection - A list of actions will be prepared so that City employees, especially field staff, can employ to reduce their exposure to mosquitoes. This information will be available on the COT intranet and presented to PW employees during PW safety meetings. B. Surveillance Surveillance of mosquito populations (especially larval mosquitoes) and breeding sites is a crucial component of the Response Plan. Most surveillance activities in Tigard are conducted by the COT and MCVNC. These activities include not only tracking and identifying mosquito populations, but also tracking outbreaks of WNV in the human and animal populations. COT staff is responsible for collecting samples of mosquito (larvae & adults) from sites approved by the county entomologist such as WQ ponds, CBs and other public properties. The elements of the Surveillance portion of the Response Plan are as follows: L 1. Washington County Entomologist - As part of the intergovernmental agreement between the COT & Washington County, the county entomologist will be d L responsible for training COT staff to collect mosquito a samples, identify larval and adult mosquitoes, compile data and suggest appropriate control strategies. 2. Field Staff Training -Washington County Health Department staff and the county entomologist will train 4 COT field staff in proper techniques used for collecting mosquito samples for identification. In cooperation with the entomologist COT staff will sample selected sites once every two weeks during mosquito breeding season (May - September). Appendix C. COT Sampling Sites 3. Complaint Logs - The WCHD has developed and distributed complaint forms to COT. These forms have been distributed to the appropriate City staff to fill out when answering inquiries from the public. The forms are then forwarded to PW support staff for entry on-line through the WCHD website. WCHD is tracking these complaints in a county-wide database to develop possible sites for employing appropriate control strategies, if needed. 4. Disposition of Dead Birds - WNV outbreak often results in the death of numerous birds, particularly corvids (crows & jays, etc). In tracking the progress of the WNV the WCHD and the State Department of Human Services are interested in reports of dead birds (especially crows) and will occasionally test these dead birds for the presence of WNV. It may be possible to contract WNV from handling these birds, therefore all COT staff who get a report of a dead bird need to insist that the customer leave the carcass alone until trained COT staff can pick it up. In no case should any citizen or untrained COT staff handle the dead birds. 5. Intergovernmental Agreements - The COT has had an IGA 6 with MCVNC for a number of years for mosquito control at selected sites throughout the COT. (Appendix F. MCVNC IGA) Recently the COT also entered into a similar i agreement with Washington County to compliment the efforts of MCVNC. (Appendix E. WCHD IGA) i 6. GIS Coordination - WCHD will coordinate the mapping of mosquito complaints by tracking the location of dead birds, as well as sample sites testing positive for mosquitoes of primary concern. The COT will support this effort by 5 logging mosquito complaint information, locations of dead birds, etc., on the WCHD website. This information may be used to apply appropriate control strategies to targeted locations. C. Control Strategies As noted in the State of Oregon Mosquito-borne Disease Response Plan, mosquito control is most effective if it us undertaken in an integrated fashion and in proportion to the risk. This includes education as well as larval and adult control strategies. The COT will employ education elements and selected larvacide control on public property only as recommended by the county entomologist. The COT is not planning to employ any adult mosquito control that requires insecticides unless it is directed to do so by WCHD. Any adult mosquito control will be closely coordinated with the WCHD and MCVNC. It will be the policy of the COT to employ only the lowest control strategy that is appropriate to the WNV risk as defined by WCHD. The following control strategies will be used by the COT as recommended by the WCHD and the MCVNC are listed in order of frequency of use: 1. Education materials on how to reduce mosquito habitat will be provided by City staff via phone, internet, and pamphlets. Site visits and specific recommendations will also be provided by trained City staff upon customer request. L 2. Larval Mosquito Control - The COT will perform larval G control only when threshold limits for larva are reached as recommended by the county entomologist. The COT will use ' only those larvacides that are listed in the WCHD WNV i Response Plan, Pesticide Use Plan, primarily Methoprene (product name Altosid) pellets and briquettes. This product is available over-the-counter and does not require any special licensing to apply by hand. The COT will not perform larval control on private property. 6 3. Adult Mosquito Control - The COT will not perform adult mosquito control (spraying or fogging) unless directed to by WCHD or MCVNC and will only allow the use of adulticides that are listed in the WCHD WNV Response Plan Pesticide Use Plan. City staff will not perform the activity. This activity will be performed only by MCVNC or a licensed vendor operating under the direction of the WCHD. VI. COT West Nile Virus Plan Review & Update The COT PW Department will review and update this plan with WCHD & MCVNC each year (November) to insure the COT has a continued proactive and coordinated effort between the city, county and agency and to include any budgetary items as needed. L A r J 0 9 u a 7 LEGIBILITY STRIP Appendix A. West Nile Virus Education/Comunicaiton Plan DESCRIPTION CONTACT DATE ITEM One page sheet for use by City staff to respond to citizens Eric Hand, x2607 Done WNV Fact/Information Sheet inquiries Two page sheet for use by city staff to.respond to citzens x2607= Eric' Hand, Done WNV FregenbyAsked Questions inquiries Eric Hand, x2607 May Oct 2003 Steve Martin, CityScape Article - WNV Updates x2598 Eric Hand, x2607 Steve Martin., May'-Oct 2003 Community Connector Article -:WNV Updates x2598 Eric Hand, x2607 COT Web Page Develop WNV Webpage with links to Wash Co & Mult Co. Sally Mills, 2604 0713'1 /03 - - Eric Hand; x2607 Steve Martin, May - Oct2008 Press kelease Article -WNV Updates: x2598-. Eric Hand, x2607 WNV Brochure informational brochure on WNV from Wash Co. At Dickman, x261 Done Eric Hand'„x2607 " Steve Martin Oct"2003 E=mail,: Priority Updates regarding WNV Mn May , Eric Hand, x2607 PW Safet Meetings Personal protection information regarding mosquitoes & WNV At Dickman, x261 Yet to be determined y Updated7/8/2003 LEGIBILITY STRIP Appendix B M quitoe~ an disease The. public can play, an; iporlant role in' helping to moiutot £ox WestNile virus. Mosquitoes are flying insects that feed on blood. Dead ciows,Jays, qr magpies_may indicate 1 that ~'v'cst Nile-yirus~s c~rculatingbetween , Mosquito bites cause skin irritation through an allergic reaction to the mosquito's saliva. This b~rc? s.i~nd liiosyuttoes'in-tliab area is what causes the red bump and itching. Mosquitoes can transmit several diseases to If d d birds are p., d tri the humans and animals. These diseases include cgt~tntact ` an~,tgn,Q encephalitis and pet heartworm. A" eno ealtliciutii ~e~,lce .tea :u a dc'. PP t at al s ~ t hhNile virus? • West Nile virus is spread by the bite of an infected mosquito and can infect people, horses, and birds. • About 1 in 5 people who are bitten by 8 0 mosquitoes carrying West Nile virus develop , mild "flu-like" symptoms. aY • Symptoms of West Nile include fever, headache, { body ache, stiff neck, rash, or swollen glands. Y~ s f ' • Consult a physician if © N REGO . you have concerns. • About 1 in 150 people who are infected may Department ofHealth & Human Services Environmental Health develop severe neurological disease. West -155 N. 1 st Ave„MS 5 Nile virus infection can result in a sometimes Hillsboro OR 9,7124 3072 h a k fatal illness known as WestNile encephalitis + ffi Phone: 503 8468722:' (inflammation of the brain). The risk of severe Fax:-503.846.4490 1s~ L1 disease is higher for people older than 50. 'TTY- 503.846.4598 • Public Health in Oregon is monitoring the West wwwco.washington.orus/health r Nile virus and will keep the public informed. Rev 3/03 LEGIBILITY STRIP DEET*, an insect repellent, is designed for direct ® ' e ~ indoors at dawn and in the application to human skin to repel, not kill. Consider staying mosquitoes are . Mosquitoes need water to breed. H eeduce early evening, when Culex roduct ith reducing standing water-- most active. g ants if It is recommended that adults use a p their numbers by Use head nets, long sleeves andla►~ p leaks and shut you venture into areas with high mosquito 20% or less concentration and children use • Repair outside plumbing y product with 10% or less concentration, faucets tightly. populations. applying DEET: buckets, and any other _ Use care when Store pails, side down. _ Birds water-holding cOnrainers up recautions 011 Store wading or kiddie pools inside when (crows, jays, magpies) Follow all directions and p e water every 2-3 the product label. not in use, and Chang Do not apply ovencuts, wounds, or days. irritated skin. Adjust tarps, grill covers, and swimming spots ' near eyes and ts that that Transmission to Do not apply to hands or pool covers to eliminate low spo man and horses mouth of young children. collectwater. ars, and their lids Natural Wes N, e virus can occur Small children ar articular risk from 'te t 21~ ti7 a, tp Discard cans, bottles, j mission e . ~ overuse of DEFT and sim lvtthis appropriately. t children ilar p to ro app. side down when no cycle Do not allow young store wheelbarrows up product. in use. Use just enough repellent to cover Fill puddles that last for more than two days or sod exposed skin and/or clothing. after a rain storm with sand, earth . _ Do not use under clothing• s Change the water in birdbaths every 2-3 Avoid over-application. days. swimming Pools Aft er returning indoors, wash treated skin Keep pumps and filters in and water. ro erly.M1 with soap workingp P ro riately, or punch before wearing it Wash treated clothing Discardoldtiresapp 1? 'There t5nbd0cgltl"'~i~d ofbirdor 'r' holes in the s' des: t mal to per onti rnsIi1is5iuu ITawever, it fiWash dumpmgtOWash hands before eating. lti~t li.~nde- . Report illegalm on is stall a-gooatdeatuar 41S d' 84b-8609. Donot spray in enclosed areas. County Solid Waste at (503) contact With ctt~?~r~ls of 'I'1"1`' 1 s. Use_ 1 to face, spray on hands first and inornamental ponds and a:~ho ~l;gr~luut~l~pl~sticbags:to Toappy directly . Do not spray Thin out plants uito fish (gam- glove s, r then rub on face consider planting with mosq C]eckwith your local health dispose of cn tl In l u~-a ass onto face. busia affinis). -toluamide) department about programs to control mosquitoes in your area. ~ N -dieth -meta a ov; www cdc.gov DEET (N, yl disease-carrying mosq ePg Replacc•oiitdoorBghts with yellow "bug Sources: 'Arv' lights. t- Appendix C COT Larval Collection Sites July 8, 2003 1. Map 11D Water Quality Facility #029 across from 8727 Braeburn Dr. or catch basin #11D188C at 8625 Braeburn Dr. 2. Catch basin #108060C at 11894 Aspen Ridge Dr. or catch basin #9A062C on Greenfield Dr. 3. Catch basin #98054C at 14355 Racely PI, or catch basin #9A062C on Greenfield Dr. 4. Map 251) Barbara at 74th pond or Water Quality Facility #025 on Shady PI. 5. Catch basin #5A021C on 108th Ave at Kent St. or catch basin #15A014C at 16700108th Ave. 6. Catch basin #10003C or catch basin #10002C on Tech Center Dr. 7. Map 36B/C Dartmouth Pond across from WinCo Foods pond or Magnolia Hi Fi sump basin next to manhole #36C066. 8. Catch basin #2A142C in COT water maintenance yard or any other sump basin in same yard. 9. Map 3B Pond east of 116th, north of Elton Ct., or one of three catch basins on 116th at Carmen St. L R 10. Map 4A Water Quality Facility #006 on Walnut St. west of Wilton Ave, or 10. one of four catch basins 138th at Walnut Ln./Rosy Ct. J 3 11. Map 33C Water Quality Facility #022 pond north of Tallwood Drive at Ui Ashbury Ln., or one of four catch basins on Tallwood Drive at Springbrook Ln. 12. Map 34A Harts pond, north of Black Diamond Way or one of three catch baisins on Black Diamond Way at 109th Ave. 13. Catch basin #35A004C at 8955 Oak 5t, or catch basin #35AO11C at 8775 Oak St. 14. Catch basin #12C044C at 7660 Bond St. or catch basin #12C047C at 7870 Bond St. a J_ W J COT Larval Sampling Procedure 1. COT staff will sample aquatic sources including natural and manmade wetlands, ponds, catch basins, sumps, drainage ditches, etc., using a standard 4 oz. dipper. Mosquito samples will be identified by species and counted by the county entomologist. A 14-day sampling cycle will be established for permanent sites. 2. Samples are collected every other Wednesday and taken to the county entomologist for analysis. Results are then e-mailed back to the COT staff (Eric Hand, Al Dickman or Steve Martin). 3. The sampling threshold which would trigger larval control is as recommended by the WCHD: • i larvae per dip for mosquito larva with high capacity for WNV transmission (Cx pipiens, Cx tarsalis, Cx stigmatosoma, & Cq perturbans) • 5 larvae per dip for mosquito larvae with a lower capacity for WNV transmission. • The City will not perform larval control on private property. i LEGIBILITY STRIP .A µ'S - SAWS .,ki KxT,.. tYi' t+~~.. ? a,,~ Srrt,C+s ~•ti '.'F.t? .~.-G C: -K. y ,act $ f ,k ~•,'X-~ + ' ~ yrF ~ er~."pi*hcEr'p~r~"'..~-r r,~ ,,as~,~;g a s ei .+4+~`s.1k~'ir~~~t~ ~ Tv~°Y,c~+ C` T m" r-.i"''" '.~'L - 711 . _ r ,Ntz~ ~ f - - P^r w„r~ ] ,'~'F., rI3•~ - ra s r SOREi7q, Z ; s Sew ' p~ ~y,.~~ ~ tf5v'ty+`"`3. H s r ~-«c3 'M~ i7 ~y ~ ~ n .r + K J ~ 4 r! t h - .L. S ff7 t ,ts Yf~L y Xrr l ® ~ - - -fee - a ~ e„'~RC~' tea, rYT~ ~ p - e ....-...rte • _'Ct~'9. 1 r K a ' + F s..~,4 ti~sa'7~ t ~ ~`~Urt.;" ~~°..?yu" B ^r~`'LrM~ a ~ rr~t~t a, .7 • r {-o it. s r .t} :L r~ . t K ~2an's Y, 1~i ~.~~a rr 'r ~"Kyg.•Cv's i- ~r'# ~ 1 : ~ 4yyyy _ LEGIBILITY STRIP t,• r,? ,4,.. 'La ^rwi• L-i s` a., is S ty.r a~: F..- a `l #Tk _ _ ~ v.~ . ti ' • ' P m, } -J'• „k rt v~ yy { t coo e at, v u lac `educatfd .^.v r,' Y ~ _ ~.(z ~.+'~•''fn 'aF'•~`"~-P~i. ~"~}~~ya tt-4. p ~!7 'a t+v~ . 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CW8 Y ~ y, ) Ilk • - • • • .tea t ~'R -1~ S 'r ri,,a a '~+-5"r°', ~•.Pt~~~a-•-..1+e~~` ~ _h. •'t r., z 'T1'.id'•k'.' T~-RS... Ft L ~w 4 i ~ z 1 ]r 1'3- J tj: , xs Pr ~ j T i• p as S! s•, h y~,ry 1 b s ~t T 6~. P '"'t•' `'t, I•i LnVironniental ' ®13iorational ' ® Chemical Low risk' Increased High risk risk LEGIBILITY STRIP JON ~01.41"e.-., ,s~ ~ „mom, ',~yy i~~~~s r • _ '4~. ~ . Buc ia _ nd;dafF 'ARIA-1.7 ~ i.t- = y t F i s .1 3 " P~~» l tl~"+f6'tf:•" yl s , 7 r , Now= t ~r ~De eapiaiex~t $YX1 HHs: contract with • • • _ bane? . entomo ~XY ~ _ _ H s ~nl loglst s~ 14xC f r, ,r b specimen eollechains e e :may' l tii inl.2nd CWS/City :Op's:.._. ' t - 77 q, Vi~,„,e..,. `•e _ r • • • e • : 1• .r y r y tItgures based "on treatment used in Multnomah County LEGIBILITY STRIP , ,?'i"d-~'t'~ fl. _ T , i i t u j 1~ " re' t 1~ u` 's QRFGQa `i ~`~~r' >+Z ts. ~i q •✓~s'' tr •«+iYt +7k Lr+~ "s+~µ~.ge tit` i ' C r, 9~{'~,'.. 7, ul: onn fief ®nse; ~r k +G s~ t a o , :-i g,,, X4,1 sir a ~!1 r r~ v a 5 . I - -vim Y. - R~ ~ - _ _ - _ iblit _ to ` die 1ne Xe sp o_ns le s f\ x A 're ourceA agre?enents ; :w i rc `r.„- . f~'~ii'71 ' ,+s.• xr y, !w: Win. - - ' - LEGIBILITY STRIP ,mss _ ~G`IONrc T c r `5; 4 Q,1 03 42 03 Q3 03 44 03 5. t L.... r End ' De x ID Task Name start. an e Ma Ap a Jun 'Ju! u Se Oct o ' Local response agencies 213103 10130/03ORFG~a planning/coordination,.' meetings • ~ k Fx r . Obtain lab equipment and z 3/3103 3128/03 y supplies Contract with 213103 2128103 entomologist 4^ R `+ti 'ay'Yts`:- r a -d. d :f y -x s x.}^c, Regional West Nile { 4 1/16/0 1/16/03 meeting .-c Develop educational 1/1103 4/30/03 U x 5 materials s Develop web-based 1/1/03 4130/03 information Undertake breeding site =Y 7 1/1/03 12/31/03 y } reduction measures Train-the-trainer for 2/3103 2/28/03 x a larvae/mosquito collection Begin larvae surveillance 3/3/03 10/31/03 ~a'ft Conduct adult mosquito 3/3/03 10/31/03 ,10_ trapping ^ I }'s. ~L Q' fr' Biological and/or chemical 313103 10131103 treatments if indicated Survey & identify breeding 313/03 12131103 _ 11 12 sites for future action Coordinated GIS mapping 1/1/03 3/28/03 k a F( 13. system implementation r EHS administration staff 2/3/03 2/28/03 V q 'l . training Y 15 Centralized complaint log 2/3103 12131/03 Washington County 2003 Pesticide Use Plan Part I. Description of the Vector Control Program The Washington County Arbovirus Management Plan is a new program that is still being developed. Washington County Health and Human Services has taken the leadership roll and through Inter-Governmental Agreements with Clean Water Services, Tualatin Valley Parks and Recreation and participating cities has developed an unfunded plan to initiate mosquito and arboviral surveillance throughout the county. The County is also responsible for developing the mosquito control strategy and Pesticide Use Plan that will be implemented, if needed, by the other agencies. The Program is unfunded and does not have a budget. 1. The County covers 727 square miles 2. The program is in its first year and treatment areas have not been identified yet. Potential treatment areas will be mapped and logged in the database as they are identified. 3. In house training of the multi-agency staff involved in the surveillance and, potentially, the control program will conducted by Washington County's Entomologist. Training will focus on mosquito biology and ecology, surveillance techniques, mosquito specific control methods and risk of West Nile virus. Training will be conducted April through October as needed. 4. The program is new and does not have a past Annual Report. Part II. The Washington County Vector Control Program is a new program and maps of routine breeding sites, potential larviciding and adulticiding treatment sites and sensitive areas have not yet been developed. Maps will be available before any treatments take place upon request. Part III. Use of Surveillance to Define the Problem and Determine Pesticide of Choice 1. Larval Sampling: Describe methods to be used. 1.1 Personnel from participating agencies will sample aquatic sources including natural and manmade wetlands, ponds, catch basins and sumps, drainage ditches, canals L and other standing water using standard 4 oz dippers. Mosquito samples will be r identified to species and counted by the County Entomologist. A 14 to 21-day surveillance cycle will be established for permanent sites. 1.2-3 If larval control is conducted, a representative sample of sites treated with VectoLex, VectoBac and/or Agnique will be sampled 24 hours post treatment. The Numbers of mosquitoes present will be recorded and compared to pretreatment levels. If a treatment is made using Altosid, pupae will be collected every other week and reared in plastic lined emergence containers, to monitor for emergence, until the treatment breaks. 1.4 Non-target arthropods will be monitored based on a simple presence or absence. Control products used in Washington County will be chosen in part based on published non-target data. 1.5 Sampling results including the number and species collected will be included in the annual report. Information collected this season will be used to begin mapping breeding sites and potential West Nile virus foci. 2. Adult Surveillance: describe the methods to be used and the rationale for when to sample. 2.1 Due to heightened concern over mosquito-borne arboviruses, landing counts will not be taken in Washington County. Adult mosquitoes will be sampled using C02 baited EVS traps and the collections will be counted and identified to species. Species of concern will be pooled and submitted to the Oregon Public Health Lab for encephalitis testing. Public complaints may be used to determine trapping locations but will not be used to dictate adult mosquito control actions. 2.2-3 There will be no distinguishing between pre- and post treatment sampling of adult mosquitoes, though a notation will be made in the surveillance report if treatments take place. Levels of adult mosquitoes alone will not be used as an indicator for adult control. Adult mosquito control in the county will be based on presence of mosquito-borne arbovirus in conjunction with direction from the County Health Officer. All adult trap counts, identification and the result of encephalitis testing will be included in an annual report. Washington County does not have the resources or facilities available to monitor for pesticide resistance at this time. Our method of sampling will not be effective at determining the effects of treatments on non-target organisms. We will rely on proper application techniques to minimize the impacts and will rely on published information to determine the proper control methods in each situation. Part IV. Mosquito Management 1. Larval Control: describe which of the larval control methods will be used and give rationale. 1.1 Source reduction will be stressed in Washington County's educational program. This will include, but is not limited to, vegetation management, ditch and catch basin cleaning and reduction of homeowner created sources. 1.2 Bacillus thuringiensis var. israelensis, Bacillus sphaericus and methoprene will be used to control the larvae of mosquitoes implicated in transmission of mosquito-borne disease. Thresholds will be established based on the mosquito's capacity to transmit the disease of concern (primarily West Nile virus). The threshold for mosquitoes with a high capacity for transmission will be one per dip, mosquitoes with a lower capacity would be five per dip and mosquitoes that have not been implicated in transmission will not be treated. The species involved in transmission of West Nile virus will likely change as more information is collected and therefore our established thresholds may also change. The products used to control larval mosquitoes will be chosen based on characteristics of the site including; organic concentration, the species and age of the mosquitoes present, and length of control desired. 1.3 Agnique will be used, as a last resort, to control the pupae of mosquitoes implicated in mosquito-borne disease in manmade sources. The decision to use Agnique will be made based on the risk of disease and the number of pupae present being greater than 5. 2. Adulticiding may be conducted if viral presence is detected in mosquito populations and as determined by the public health risk as determined by the County Health Officer. If transmission of mosquito-borne disease is taking place, adulticides are the only proven way to stop the transmission cycle. Part V. Public Education and Awareness Washington County will provide bilingual educational material by May 2003. Information will be provided to local schools, day cares, senior centers, hospitals, healthcare facilities, city resource centers, libraries and kennels by the end of April. The county has prepared brochures for public distribution with additional West Nile virus information and contacts available at the county website. Technical staff presentations and educational displays are available on request. A. General public notification • A mosquito control brochure has been developed to educate the community on ways to reduce the mosquito population, and measures that can be taken to prevent mosquito bites. • The mosquito control brochure will be mailed to all school districts, day care centers, senior centers, hospitals, health care facilities, city resource centers, libraries, and kennels towards the end of April. • The county's web site will be advertised on cable access television during the month of April and May in both English and Spanish. B. Multi-media resources • A mosquito control section has been built in our web site. Additional educational resources are also provided as links. www.co.washington.or.us/health and click on Environmental Health. A banner has been created from our main page to drive traffic directly to the mosquito control section of our web site. • Bookmarks with the county's web site and helpline numbers will be created in April. • The county's animal shelter currently has mosquito control brochures available for distribution, and also directs the community to our web site for more information. • A bilingual (English/Spanish) press release regarding West Nile and measures that can be taken to reduce the mosquito population will be created in May, and delivered to local newspapers such as the Argus, Community Newspapers, Animal Tales, Washington County Wellness News, The Cooperative Library Newsletter and The Advisory (Washington County's Department of Aging and Veteran's Services monthly newsletter). • A helpline information line will be available in English and Spanish in May. C. Presentations to schools, church groups, civic organizations. • The Environmental Health Program Educator is available for presentations and i community events throughout the year. Presentations on mosquito control is also advertised through our "Let's Talk About It" communications section of our county web site. D. Display educational materials at events • Display materials, brochures, and other educational paraphernalia have been developed to be used year-round at community events, fairs, and presentations. VECTOR CONTROL PESTICIDE USE PLAN This is a multi-part form. Page three is a Target Pest Information worksheet that must be filled out for each - Rest for which a treatment is planned during the season. Page four is a Control Agent Worksheet. This information must be supplied for each pesticide product or biological control agent that the district intends to use. Attach additional sheets as needed. A form containing the specified information in another format may b substituted, but, please include all information indicated on these forms. District Name: Washington County Date: 4/3/03 Applicator Information Name: Jill Townzen Address: 155 N. I" Ave, MS 5 City/Zip: 97124-3072 Telephone: (503)846-2904 E-Mail: Jill_Townzen@co.wasington.or.us Pesticide Applicator License#: 147746 Additional District Information (complete only if there is a contact person who should receive official correspondence in addition to pesticide applicator): District Contact Name/Title: Toby Harris District Address: 155 N. 1" Ave, MS 5 District City/Zip: 97124-3072 District Phone: (503)846-8722 FAX: (503)-846-4990 PUBLIC NOTIFICATION METHOD (check all that apply): ®Newspaper ®Television ®Radio ®Mailer ®Newsletter ❑Bulletin Board Notices ®Recorded Telephone Message Other: Website, educational display booths, live presentations i PUBLIC NOTIFICATION INFORMATION (provide a short description of notification plan, i.e., timing, frequency, languages other than English, etc. : Public will be notified in the Spring of mosquito surveillance and control activities planned for the season. The public will also be notified of the relevant arbovirus information and control activities through various media outlets as needed through the course of the mosquito season. Washington County's program is a joint effort between the County participating Cities, Tualatin Valley Parks and Recreation and Clean Water Services. Public notification of actual pesticide applications will be the responsibility of the agency making the applications. Vector control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Workshect for each Control Agent PRODUCT NAME: Altosid Pellets EPA REGISTRATION#: 2724-448 ACTIVE INGREDIENTS: (S)-Methoprene (CAS #65733-16-6) POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Larval mosquitoes in the genera Culex, Aedes, Ochlerotatus, and Coquillettidia. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre -5 pound of product per acre APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if any, and application process) Altosid Pellets will be applied by hand or granule spreader. In larger sites, the pellets may be applied by powered backpack. They will be applied at a rate of about 5 pounds per acre, in areas where there is a high turn over of water the application rate may be higher but will not exceed 10 pounds per acre. APPLICATION SITE: Describe the i~Epes o est habitat where the product will be applied) Altosid Pellets will primarily be used in artificial containers including stormwater detention facilities, catch basins, tires and ditches. Altosid Pellets may also be used in cattail ponds to control Coquillettidia perturbans and in flooded pastures if needed. Document l Vector control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Worksheet for each Control Agent PRODUCT NAME: Altosid Briquets EPA REGISTRATION#: 2724-375 ACTIVE INGREDIENTS: S)-Methoprene (CAS #65733-16-6) POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Larval mosquitoes in the genera Culex, Aedes, Ochlerotatus, and Coquillettidia. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre I briquet per 10 cubic foot of water. May be applied at a higher rate if there is a high turn over of hater in the site. APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if any, and application process) Altosid Briquets will be applied by hand. APPLICATION SITE: Describe the types o est habitat where the product will be applied) Altosid Briquets will primarily be used in artificial containers including catch basins and stormwater detention facilities. Altosid Briquets may also be used in cattail ponds to control Coquillettidia perturbans. Document] Vector control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Worksheet for each Control Agent PRODUCT NAME: VectoBac G EPA REGISTRATION#: 73049-10 ACTIVE INGREDIENTS: Bacillus thuringiensis subspecies isrealensis POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Larval mosquitoes in the genera Culex, Anopheles, Aedes, Ochlerotatus, and Co uillettidia. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre 7.5 pounds of product per acre APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if any, and application process) VectoBac G will be applied by granule spreader, by powered backpack blower or by aerial application. APPLICATION SITE: Describe the types of est habitat where the product will be applied) VectoBac G will be used in larger freshwater permanent or temporary sites including wetlands, ponds and floodland. i Document] Vector control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Worksheet for each Control Agent PRODUCT NAME: VectoLex CG EPA REGISTRATION#: 73049-20 ACTIVE INGREDIENTS: Bacillus sphaericus H5a5b, strain 2362 POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Larval mosquitoes in the genera Culex, Anopheles, Aedes, Ochlerotatus, and Co uillettidia. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre 7.5 - 12 pounds per acre. The higher rate is for more polluted area or when more residual activity is required. APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if an , and a lication rocess VectoLex CG will be applied using granule spreader in small sites or by powered backpack blowers in larger sites. APPLICATION SITE: Describe the types o est habitat where the product will be applied) VectoLex CG will be used in sites with high organic concentration or where residual activity is desired including sewage treatment ponds and log ponds. L 2 h D 9 Documentl Vector control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Worksheet for each Control Agent PRODUCT NAME: VectoLex WSP EPA REGISTRATION#: 73049-20 ACTIVE INGREDIENTS: Bacillus sphaericus 1-15a5b, strain 2362 POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Larval mosquitoes in the genera Culex, Anopheles, Aedes, Ochlerotatus, and Co uillettidia. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre One pouch per 50 square foot APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if an , and a lication rocess VectoLex WSP will be applied by hand or with an apparatus that delivers one pouch at a time. APPLICATION SITE: Describe the ~ypes o est habitat where the product will be a lied This product will be applied in small sites with a high organic concentration that may be difficult to treat with another product. This would include catch basins and stormwater detention facilities. 9 r Document] Vector control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Worksheet for each Control Agent PRODUCT NAME: Agnique MMF EPA REGISTRATIONM 2301-14 ACTIVE INGREDIENTS: Poly(oxy-1,2-ethanediyl), -isooctadecyl -hydroxyl POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Mosquito Pupae. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre 0.3 gallons of product per surface acre of water APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if any, and application process) Agnique MMF will be applied using hand held or backpack liquid sprayers. APPLICATION SITE: Describe the ~ypes o est habitat where the product will be applied) Agnique MMF will be used to control pupae in artificial containers. Document] Vector control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Worksheet for each Control Agent PRODUCT NAME: Fyfanon ULV EPA REGISTRATION#: 4787-8 ACTIVE INGREDIENTS: Malathion POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Adult Mosquitoes, primarily Culex spp. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre .05 pounds of Al per acre based on a 300 foot swath at 10 miles per hour APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if any, and application process) Applications will be made using Ultra Low Volume (ULV) techniques by ground and possibly by air. Special attention will be given to weather conditions, timing of the applications and droplet size. APPLICATION SITE: Describe the types o est habitat where the product will be applied) Fyfanon ULV applications will be made in areas of adult mosquito and arbovirus activity that do not have a history of agricultural OP use. Document l Vector control Pesticide U.se Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Worksheet for each Control Agent PRODUCT NAME: Pyrenone 25-5 Public Health Insecticide EPA REGISTRATION#: 432-1050 ACTIVE INGREDIENTS: Pyrethrins, Piperonyl Butoxide POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Adult mosquitoes, primarily Culex spp. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre .0025 pounds of Al per acre at 300 foot swath APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if any, and application process) Pyrenone 25-5 applications will be made using Ultra Low Volume (ULV) techniques by ground and possibly by air. Special attention will be given to weather conditions, timing of applications and droplet size. APPLICATION SITE: (Describe the types o est habitat where the product will be applied) Pyrenone 25-5 will be used in areas of adult mosquito and arbovirus activity. Pyrenone is our first choice for adutlicides to use in populated areas. Documentl Vector control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 CONTROL AGENT WORKSHEET IMPORTANT: Complete One Worksheet for each Control Agent PRODUCT NAME: Scourge Insecticide EPA REGISTRATION#: 432-667 ACTIVE INGREDIENTS: Resmethrin and Piperonyl Butoxide POUNDS OF ACTIVE INGREDIENT TO BE USED: Unknown ACRES TO BE TREATED: Unknown POUNDS OF ACTIVE INGREDIENT USED LAST YEAR: None TARGET INSECT: Adult mosquitoes, primarily of the genus Culex. RATE OF APPLICATION: (Give in units of pounds of active ingredient per acre and/or pounds of product per acre Scourge Insecticide will be applied at a rate of 0.005 pounds of Al (Resmethrin only) per acre. APPLICATION METHOD: (Describe the application apparatus, product diluent, mixture, if any, and application process) Scourge Insecticide is mixed with either soy bean oil or light mineral oil and applied using either ground or aerial ULV equipment. Special attention will be given to weather conditions, timing of applications and droplet size. APPLICATION SITE: Describe the types o est habitat where the product will be applied) Scourge Insecticide will be used in areas of adult mosquito and arboviral activity. Because of its toxicity to fish this is our last choice in adulticides that will he used where there is an increased likelihood of OP resistance in the mosquito population or where Pyrethrin may not be effective. Document] Vector Control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 TARGET PEST INFORMATION IMPORTANT: COMPLETE ONE SHEET FOR EACH TARGET PEST Target Pest: Check only one target pest per worksheet. ®Mosquito Larvae ❑Domestic Rat ❑Domestic Fly ❑Mosquito Adult ❑Other Pest (specify) MONITORING METHOD/TREATMENT THRESHOLD (Indicate the monitoring method and threshold or treatment Monitoring Method: Standard 4 oz Dipper; mosquito samples will be counted and identified to species. Treatment Threshold: 1 mosquito per dip for species with high capacity to vector arboviruses, including Culex pipiens, Culex tarsalis, Culex stigmatasoma and Aedes albopictus 5 mosquitoes per dip for species with a low capacity to vector arboviruses, including Aedes vexans, Coquillettidia perturbans, Culiseta inornata We will only be controlling mosquitoes identified as potential vectors; target species may change, as new information becomes available. EFFICACY SAMPLING (Indicate which treatments will be followed by an evaluation of effleacy, and what method will be used or the evaluation A representative number of sites treated with either a bacterial product or a surface film will be sampled 24 hours post-treatment using standard dippers, the number of mosquitoes sampled will be compared with pre-treatment numbers for that site. A representative number of sites treated with an insect growth regulator will be sampled 24 hours post-treatment (and every 2 weeks thereafter), samples will be collected and transported to the lab alive in tns ated water for rearing to determine if they reach maturity. SURVEILLANCE FOR IMPACTS ON NON-TARGET SPECIES List methods used to determine impacts on non-target species) Presence or absence of non-target organisms will be noted for both pre- and post-treatment samples. Washington County does not have the resources for more in depth evaluations. We will rely on published studies of non-target effects to determine larval control strategies. TOTAL NUMBER OF AGENTS (PESTICIDES AND BIOLOGICAL CONTROLS) TO BE USED FOR CONTROL: A possibility of 4 active ingredients, 6 products, may be used. Vector Conlrol Peslicide Use Plan: District Name: Washington County Dale: 4/3/03 TARGET PEST INFORMATION IMPORTANT: COMPLETE ONE SHEET FOR EACH TARGET PEST Target Pest: Check only one target pest per worksheet. ❑Mosquito Larvae ❑Domestic Rat ❑Domestic Fly ®Mosquito Adult []Other Pest (specify) MONITORING METHOD/TREATMENT THRESHOLD Indicate the monitoring method and threshold or treatment Monitoring Method: Adult mosquitoes will be monitored using C02 Baited EVS traps set at multiple sentinel locations throughout the county on a weekly basis. Other C02 Baited EVS traps will be moved around the county as needed based on complaints. All mosquitoes collected will be counted and identified to species. Pools of selected mosquitoes will be submitted to the Oregon State Public Health Laboratory for arboviral testing. Treatment Threshold: The threshold for control of adult mosquitoes will include the presence of arbovirus in mosquito populations and an evaluation of public health risk, according to the Washington County Health Officer. EFFICACY SAMPLING (Indicate which treatments will be followed by an evaluation of efficacy, and what method will be used or the evaluation Treated locations will continue to be monitored on a weekly basis through October. SURVEILLANCE FOR IMPACTS ON NON-TARGET SPECIES List methods used to determine impacts on non-target s ecies. Washington County does not have the resources to monitor the non-target effects of adulticide applications, however, we will make every effort to minimize effects on non-target with proper application techniques including rate, droplet size and atmospheric conditions, in accordance with label recommendations and published literature. TOTAL NUMBER OF AGENTS (PESTICIDES AND BIOLOGICAL CONTROLS) TO BE USED FOR CONTROL: 3 Vector Control Pesticide Use Plan: District Name: Washington County Date: 4/3/03 a SENSITIVE AREAS AND SPECIES (Provide a'descriplion of sensitive areas. Map(s) that show sensitive areas, areas to be treated by larviciding and areas to be treated by adulticiding should be on file with ODFW. if new sensitive areas are identi red include new maps with this p lication.) Have not yet been identified but we are in the process of putting maps of Washington County together. EDUCATIONAL ACTIVITIES OF DISTRICT (Provide a brief description of educational outreach, including programs for source control in the communi . Washington County will provide bilingual educational material by May 2003. Information will be provided to local schools, day cares, senior centers, hospitals, healthcare facilities, city resource centers, libraries and kennels by the end of April. The county has prepared brochures for public distribution with additional West Nile virus information and contacts available at the county website. Technical staff presentations and educational displays are available on request. i Appendix E INTERGOVERNMENTAL AGREEMENT copy This Agreement is entered into, by and between Washington County, a political subdivision of the State of Oregon, and City of Tigard. WHEREAS ORS 190.010 authorizes (lie parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now; therefore, the parties agree as follows: 1) The effective date is: 03/01/03, or upon final signature, whichever is later. The expiration date is: 12/31/03, which shall be automatically renewed until 12/31/04; unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A, which is incorporated herein, and describes the responsibilities of the parties, including compensation, if any. 3) Each party shall comply with all applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or handicap. 4) To the extent applicable, the provisions of ORS 279.312, 279.313, 279.314, 279.316, 279.320 and 279.334 are incorporated by this reference as though fully set forth. 5) F,ach party is an independent contractor with regard to each other party(s) and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. 7) This Agreement may be terminated, with or without cause and at any time, by a party by providing 180 days (30 if not otherwise marked) days written notice of intent to the other party(s). j 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies sei forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 10) Each party shall give the other immediate written notice of any action or suit filed or any claim ! made against that party that may result in litigation in any way related to this Agreement. PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT GwcoMtAc7FRM4AASTERCOPIFSIMK=HNOA.1.1.a 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefor. 14) This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terns of the Agreement. WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. CITY OF TIGARD Jurisdiction rign MAR CH 25, 2003 ature Date JAMFs E. GRI19 ' FFITH MAYOR Printed Name Title Address: 13125 S.W. HALL BLVD., TIGARD, OR 97223 WASHIN O C TY: Y 1/7/0 Signature Bate Dave Maegens Deputy 0ounry Adm;r Printed Name Title Address: Mail Stop # Hillsboro, OR PAGE 2 OF 2 - INTERGOVERWENTAL AGREEMENT rwco Acr F?WMASTEa CMUMMONMA t1.9M AITACHMENT A Statement of Work /Schedule/Payment TermS COUNTY'S RESPQNSIBILITIES 1. County shalt coordinate efforts to meet the goals of the State Health Service's West Nile Virus (WNV) response plan. 2. County shall coordinate public education related to matters of public health and human behavior throughout Washington County. I County sball work with state and local health, veterinarian, agricultural, and wildlife organizations to survey and track human, equine, and avian cases of WNV. County shall alert those subject to this Intergovernmental Agreement of confirmed cases. 4. County shall employ an entomologist to design/dovelop sampling program, train Clean Water Services and Local Jurisdictions (Cities) staff on sampling process, process mosquito larva, and collect and process adult samples. 5. County shall develop a complaint log, train appropriate staff and partners, maintain a database mapping complaints and surveillance findings. LOCAL JURISDICTION RESPONSIBILITIES 1. Local Jurisdiction shall utilize and distribute public education materials provided by the County and CWS, in order to maintain a consistent regional communication strategy. 2. Local Jurisdiction shall report mosquito complaints to the County. I Local jurisdictions shall work with county-contracted entomologist to design/develop and conduct a regional water sampling regime that will include representative catch basins, storm water facilities, and natural wetlands throughout areas within their boundaries throughout the mosquito season (March thru October). 4. Local jurisdictions shall deliver water/larva samples to County entomologist for processing and tracking. 5. Local Jurisdiction shall actively educate neighborhood associations, community participation organizations, and other citizen groups, and encourage private property source reduction efforts and other pemnal behaviors that will reduce risk of exposure. 6. Local Jurisdiction shall maintain catch basins and storm water facilities to limit the presence of standing water and decaying organic debris (particularly dead cattails and grass clippings). Local Jurisdiction shall install habitat featur as appropriate to promote amphibian, bird, and predatory itrsect (dragonfly) populations that f-ed on mosquito larva. 7. Local Jurisdiction slta!1 implement mosquito control tasks based on public health risk as determined by the County. The parties agree drat there will be no compensation paid to the other, that each shall bear their own costs and that the reasonable and good consideration exists to form this agreement. PAGE i - ATTACHMENT A Page I of 1 Hi Eyeryone, I wanted to let you know how to go about dropping off mosquito samples that you collect. The samples should be taken to the Cleanwater Services Water Quality Lab at CWS Water Quality Lab 2550 SW Hillsboro Hwy Hillsboro, OR. Samples can be delivered anytime before 3pm on Tuesdays and Thursdays. When your ready to deliver the samples you need to either call (503)846-8915 to let them know or dial 8915 on the keypad at the front door to let them know you have arrived. Someone will then meet you at the front door. DON'T FORGET the paper work that goes with the samples. I have attached another copy in this email. There are two sheets to the spreadsheet, one for the front one for the back of the paper. <<survey.xls>> If you have received this email and do not want to be on the Washington County Surveillance email list let me know and I will take you off. If someone in your group is not on the list and should be have them email me and I will add them to the list. And finally if you have any questions let me know. jill Jill Townzen Washington County (503)846-2904 i i i ' - . , 5/19/20, LEGIBILITY STRIP i arval Mosquito Collection Form :ollector information Date enc Phone # lame Email ,ontac~? iample information Site Descri tion Zi Code Site T e Address Cit Site Name - Sumped Manhole SMH Site Tyi~(- Abbreviations WC~F Water Cluality Facility SCB Street Catch Basin PCB Parking Lot Catch Basin TP Temporary Pond PP Permanent Pond MAN Manmade Wetland NAT you have others that your agency uses write them in and I will add it to the list to send everyone Natumt Wetland if FE ' Appendix F Q GOVERNMENT CONTRACT (190 AGREEMENT) This is an Agreement between City of Tigard hereafter (CITY) and Multnomah County (COUNTY), pursuant to authority granted in ORS Chapter 190. PURPOSE: The purpose of this agreement is: Whereas, CITY desire mosquito control services for their respective jurisdiction Whereas, COUNTY is able and prepared to provide mosquito control services for CITY jurisdictions under the terms and conditions hereinafter described: The parties agree as follows: 1. TERM: The term of this agreement shall be from April 1, 2003 to December 31, 2004. 2. RESPONSIBILITIES OF COUNTY: The COUNTY agrees to provide mosquito control services in City of Tigard at following locations Cook Park, Summer Lake Park and the storm water pond adjacent to 10485 SW Titan Ln (see attached maps).These services shall include the following; a. Identify those mosquito species present in numbers sufficient to cause a public health threat or nuisance b. Identify the locations that are producing, or have the potential to produce, these species. c. Prepare and submit a Pesticide Use Plan to the Oregon Health Division as require by ORS 452.300. d. Submit approved Pesticide Use Plan to City of Tigard annually. e. Design and implement an IPM monitoring and control program. COUNTY and CITY shall mutually agree on the program to be implemented. IPM control program to run from April to September of each calendar year. g f. Provide consultation and advice to CITY regarding the use of water management and physical or mechanical alteration of breeding sites as alternative methods to chemical and biological controls. g. Conduct a minimum of two visits to contract area each month of control program - possible more (based on the number of complaints) h. If complaints are about adult mosquitoes, set traps out in area and provide verbal report of results to agency generating complaint. L Minimize time spent of formal (written) reports to CITY. 1 0310406 IGA , 3. -:RESPONSIBILITIES OF CITY: CITY agrees to: a. Maintain written consent from local jurisdictions and private owners of all affected properties granting COUNTY permission to access the properties and to conduct the mosquito surveillance and control activities described herein. CITY shall provide COUNTY with copies of written consent upon COUNTY'S request. b. Provide local jurisdictions, property owners and any other interested parties with copies of health and safety information on the pesticides to be used. c. Handle all citizen complaints regarding mosquitoes and the services provided under this Agreement, and forward this information to COUNTY. 4. COMPENSATION: CITY agrees to reimburse COUNTY $1,500.00 annually for the performance of those services provided hereunder, which payment shall be based on the following terms: a. This compensation rate is guaranteed through December 31, 2004. With prior written notice to CITY, COUNTY may adjust its rates for each year thereafter. Annual fee increases will be based on changes in COLA and fluctuations in indirect costs, or otherwise specified. b. CITY and COUNTY will mutually agree on a maximum budget for each contract year prior to commencement of services. c. CITY shall reimburse COUNTY semi-annually upon receipt of an invoice (June and December). Payment terms shall be net 30 days. d. Invoices shall be sent to Steve Martin City of Tigard 13125 SW Hall Blvd Tigard, OR. 97223 e. CITY certifies that sufficient funds are available and authorized to finance the costs of this Agreement. In the event that funds cease to be available to CITY in the amounts anticipated, either CITY or COUNTY may terminated the Agreement or the parties by mutual agreement may reduce Agreement funding accordingly. CITY will notify COUNTY as soon as it receives notification from funding source. Reduction or termination will not affect payment for accountable expenses prior to the effective date s of such action. 5. TERMINATION: This agreement may be terminated by either party upon (30) days written notice. 6. INDEMNIFICATION: Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, COUNTY shall indemnify, defend and hold harmless CITY from and against all liability, loss and costs arising out of or resulting from the acts of COUNTY, its officers, employees and agents in the performance of this agreement. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300 CITY shall indemnify, defend and hold harmless COUNTY from and against all liability, loss and costs arising out of or resulting from the acts of CITY its officers, employees and agents in the performance of this agreement. 2 0310406 1GA p,,,,;..e~r amr 7. INSURANCE: Each party shall each be responsible for providing worker's compensation insurance as required by law. Neither party shall be required to provide or show proof of any other insurance coverage. 8. ADHERENCE TO LAW: Each party shall comply with all federal, state and local laws and ordinances applicable to this agreement. 9. NON-DISC RIM( NATION: Each party shall comply with all requirements of federal and state civil rights and rehabilitation statutes and local non-discrimination ordinances. 10. ACCESS TO RECORDS: Each party shall have access to the books, documents and other records of the other which are related to this agreement for the purpose of examination, copying and audit, unless otherwise limited by law. 11. SUBCONTRACTS AND ASSIGNMENT: Neither party will subcontract or assign any part of this agreement without the written consent of the other party. 12. THIS IS THE ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties. This Agreement may be modified or amended only by the written agreement of the parties. 0310406 IGA MULTNOMAH COUNTY, OREGON CITY OF TIGARD By By cz2~I/'~P5 -K4 Lillian Shirley, Health Departm t irect Date 1( Title Manap- '-/~A Date 1/o~t'✓~ Bv Chris firth, rogram anager Date Reviewed: Approved as to form: TOM SPONSLER, COUNTY ATTORNEY FOR MULTNOMAH COUNTY /14 ,6, - B mac. y Kati ~Gae-s, Assista County Attorney L J 0 N~N 4 0310406 IGA R7oedc~+// fiA11 • 0 ER r~ TFRppN COTT NTA 4 i0 GAR 4LS kER¢~ m ON`GO o SCHO SpR/ cF~ W°O Z SOR HAWKS BEARD z SkOpl, eR~SH ANTON s -a N MMER 5 w F 1026 GLACIER LILY w m MMFRwQ00 a MILLVIEW M SHEF ELD 1025 co SUMMER • sy in NY J n AZHBURY S~`0 VI LAGE PA K p a FEIRIN TAME r ~P ~y 3 LA MONT N FALCON RISE N RISE N N MORNING HILL m a THERINE KATHERINE CO x v i-- N WALNUT ~O~SBRI s ~ ANN LIDEN Z fi REN IL OLAN 178( J m w J Site Numbers 1025 & 1026 Are City Of Tigard Properties at Summer Lake Park RI o DURHAM s rz PICKS ° PIC S z MARTH ^ * 2U F 10220 o a SHAFFER Ap z o ° z 00 o N ! TITAN S UART rn KENT kF~t~M LE S O RIVERW OD O 7020VERC~ w ➢ z-~AVERLY 101 m AS 0) co •101P0 1012 1023 °N L " 10055 F DLAY FINDLAY oop z RIVENDELL ®1 16 •1015 1028 01029 100 01 • AZE BROOK 100 ° 1003 Z 10 0 o~` 7 LLOGG L el 31,, ~Q Il ST RR 101 10 w ° z CASTEE ° • O Y O a LUCA ` 1001 KINGFISHER 1027, KIOWA W06 101 [2 \ F ° z O W q{ ° • 0 E LMAN j ~L1 o cn t d In ~e 1 ° PU BLO = p w m ~5F D a j { s 1007 ~ PETERS O z z •10190 a m z z S m 0 = r ~y~ Lu r = TUALATIN CHIN O 00 1 34 SWEEK 1032 - NER~PN ° • a z rn rn rn AN AK BOONES FERRY z e / SENEC r APPENDIX G CITY OF TIGARD PUBLIC WORKS WEST NILE VIRUS FACT SHEET & FREQUENTLY ASKED QUESTIONS 7/8/03 West Nile virus is in the national news and health experts expect it to arrive in our region this year (2003). National health experts do not believe this will be a health emergency for residents of Washington County. Human illness from West Nile virus is rare, even in areas where the virus has been reported. The chance that any one person is going to become ill from a mosquito bite is low. However, people are concerned and asking questions about how best to prepare and protect themselves from West Nile virus. The Washington County Department of Health and Human Services is working closely with regional and state health experts to coordinate the County's response to West Nile virus. You can learn more about West Nile virus by visiting the Center for Disease Control (CDC) web site at: www.cdc.gov/westnile The City of Tigard Public Works Department is working closely with the Washington County Department of Health and Human Services, the Multnomah County Vector & Nuisance Control Department, and other local cities to monitor and control mosquitoes in stormwater ponds, local wetlands and streams, and the public drainage system. Here are answers to some common questions about West Nile virus and the City of Tigard Public Works Department's West Nile Response Plan. 1. WHAT 15 MY RISK OF GETTING WEST NILE VIRUS? Human illness from West Nile virus is are, even in areas where the virus has been reported. The chance that any one person is going to become ill from a mosquito bite is low. i 2. ARE STORMWATER CATCH BASINS SIGNIFICANT BREEDING GROUNDS FOR MOSQUITOES THAT CARRY WEST NILE VIRUS? Any standing water can provide breeding grounds for mosquitoes that carry West Nile virus. Many of the catch basins in Washington County are designed to trap pollution and hold a small amount of stormwater after a rainfall event. These catch basins can be breeding grounds for mosquitoes that carry West Nile virus. The City of Tigard Public Works and other cities and agencies in Washington County will be working with the Washington County Department of Health and Human 5ervices this summer to sample water from these types of catch basins in the urban area to monitor them for the presence of mosquitoes carrying West Nile virus. 3. ARE STORMWATER PONDS AND SWALES SIGNIFICANT BREEDING GROUNDS FOR MOSQUITOES THAT CARRY WEST NILE VIRUS? Stormwater ponds and swales are designed to filter pollution from rain-water runoff and reduce flooding. Most of the facilities that have been built in residential and commercial developments since 1990 are designed to drain within a few days, which prevent mosquito larvae from completing their development. However, some stormwater ponds and swales are designed to hold water most of the year or may retain small pools of water. These facilities offer habitat for many of species of frogs, birds, fish and aquatic insects that feed on mosquitoes and their larvae. The City of Tigard Public Works and other cities and agencies in Washington County are working with the Washington County Department of Health and Human Services to inventory and evaluate the maintenance of these facilities to reduce mosquito breeding habitat and improve the habitat for natural mosquito predators. The City of Tigard Public Works and other cities and agencies in Washington County are working with the Washington County Department of Health and Human Services to monitor these facilities for the presence of mosquitoes carrying West Nile virus are detected, the Washington County Department of Health and Human Services will provide guidance to local communities on more aggressive control measures including the application of biological larvacide controls. 4. ARE WETLANDS SIGNIFICANT BREEDING GROUNDS FOR MOSQUITOES THAT CARRY WEST NILE VIRUS? Although wetlands can provide habitat for mosquitoes, typical water conditions and natural predators found in healthy wetlands deter mosquito use and C minimize larval success if egg laying occurs. Predators including other aquatic insects, amphibians, and birds feed on any mosquitoes present. Wetlands are a critical element in a healthy ecosystem that benefits people, water quality and wildlife. Wetlands clean and slowly release rainwater and provide flood protection and wildlife habitat. Many wetlands recharge groundwater critical for local drinking water supplies and prevent streams from drying up during the summer. We will not eliminate mosquitoes by draining wetlands. We could actually increase the mosquito population if their natural predators are destroyed by draining a wetland. Many mosquito species need only a small puddle or depression in which to breed. 5. ARE STREAMS AND RIVERS SIGNIFICANT BREEDING GROUNDS FOR MOSQUITOES THAT CARRY WEST NILE VIRUS? Under normal circumstances, mosquitoes cannot breed successfully in flowing water, and therefore streams and rivers can only produce mosquitoes when they dry up and leave shallow, stagnant puddles in the stream bed or in backwater areas. Streams and rivers provide good habitat for predators that feed on mosquitoes and mosquito larvae. 6. WHAT IS BEING DONE TO MONITOR AND CONTROL MOSQUITOES THAT MAY CARRY WEST NILE VIRUS IN THE STORMWATER FACILITIES AND LOCAL WETLANDS? The City of Tigard Public Works and other cities and agencies in Washington County are working with the Washington County Department of Health and Human Services to monitor stormwater facilities and local wetlands for the presence of mosquitoes carrying West Nile virus. If mosquitoes carrying the West Nile virus are detected, the Washington County Department of Health and Human Services will provide guidance to local communities on more aggressive control measures including the application of biological larvicide controls. 7. IS THE COUNTY OR THE CITY OF TIGARD GOING TO SPRAY FOR MOSQUITOES? Widespread chemical spraying is not the answer. The City of Tigard will not spray for mosquitoes unless directed to by the Washington County Health Division. The City of Tigard will use a progressive level of control strategies to control mosquitoes including education, (habitat reduction), and larvacide controls. The City of Tigard will perform larvacide treat on private property. The larvacide controls used by the City of Tigard are available over the counter to home owners who wish to use them. 3. I LIVE NEAR A GREENWAY OR A WETLAND AND WORRY ABOUT FAY FAMILY'S 1 SAFETY. i We will never be able to eliminate all habitats for mosquitoes and not all mosquitoes are carriers of the virus. Greenways and wetlands provide numerous health and quality of life benefits. They clean pollution from air and water and reduce flooding and erosion. The use of chemical controls can affect the environment and human health and have limited success unless carefully applied by licensed pesticide applicators. Application of pesticides to wetlands, streams and other waterways cannot only affect the environment and, ultimately human health, but may be illegal under state and federal low. Local and federal health experts recommend the best personal protection is to reduce mosquito habitat, prepare your home and take personal protection measures. Reducing mosquito habitat Mosquitoes lay their eggs in standing water. The eggs only need a few ounces of water to grow into adults. Ways to reduce mosquito habitat: • Eliminate places where water can stagnate in containers such as buckets, flowerpots and tires. • Change water at least once a week in birdbaths and wading pools. • Clean clogged rain gutters and put mosquito screens on rain barrels. • Dispose of old tires or cover them so they do not collect water. Prepare your home • Put tight-fitting window screens on all your windows and repair rips or tears in existing screens. • Consider adding a screen door to outside doors that are often left open. Personal Protection We will never be able to eliminate all mosquitoes. Personal protection is a way to avoid getting bitten. When mosquitoes are out, particularly at dusk: • Wear long sleeves and long pants. • Consider wearing insect repellent that contains DEET. Read repellent instructions carefully. Repellent should not be applied to children under the age of two. 9. FOR MORE INFORMATION ON WEST NILE VIRUS AND MOSQUITO CONTROL, VISIT: • The Centers for Disease Control and Prevention at: www.cdc.gov/westnile • ftshington County Department of Health and Human Services: http://www.co.washington.or.us/deptmts/hhs/env hlth/vector/msgt idx.htm • The Oregon Public Health Service http://www.ohd.hr.state.or.us/acd/wnile/ L • The National Pesticide Information Center at: http://npic.orst.edu/wnv/ 2 • The. U.S. Environmental Protection Agency's site an Mosquito control at: http://www.epa.gov/pesticides/factsheets/skeeters/htm is i i; ~~~.{mGl-7aa•a3 ' ~u dy sxss;~, APPENDIX G. CITY OF TIGARD PUBLIC WORKS WEST NILE VIRUS FACT SHEET & FREQUENTLY ASKED QUESTIONS 7/14/03 West Nile virus is in the national news and health experts expect it to arrive in our region this year (2003). National health experts do not believe this will be a health emergency for residents of Washington County. Human illness from West Nile virus is rare, even in arrears where the virus has been reported. The chance that nay one person is going to become ill from a mosquito bite is low. However, people are concerned and asking questions about how best to prepare and protect themselves from West Nile virus. The Washington County Department of Health and Human Services is working closely with regional and state health experts to coordinate the County's response to West Nile virus. You can learn more about West Nile virus by visiting the Centers for Disease Control (CDC) web site at: www.cdc.gov/westnile The City of Tigard Public Works Department is working closely with the Washington County Department of Health and Human Services, the Multnomah County Vector & Nuisance Control Department, and other local cities to monitor and control mosquitoes in stormwater ponds, local wetlands and streams, and the public drainage system. Here are answers to some common questions about West Nile virus and the City of Tigard Public Works Department's West Nile Response Plan. 1. WHAT IS MY RISK OF GETTING WEST NILE VIRUS? Human illness from West Nile virus is rare, even in areas where the virus has been reported. The chance that any one person is going to become ill from a mosquito bite is low. 2. ARE THE CITY OF TIGARD AND/OR THE COUNTY GOING TO SPRAY FOR W MOSQUITOES? J oD Widespread chemical spraying is not the answer. The City of Tigard will use a W progressive level of control strategies to control mosquitoes primarily -i education, (habitat reduction), and larvae controls. The City of Tigard will not perform larvae control on private property. The larvacide used by the City of Tigard are available off-the-shelf from local vendors to home owners who wish to use them. The City of Tigard will not spray for adult mosquitoes unless directed to by the Washington County Health Division. 1 3. WILL THE CITY OF TIGARD HELP ME WITH MOSQUITO CONTROL ON MY PROPERTY? YES THE CITY OF TIGARD WILL BE GLAD TO MEET WITH YOU AT YOUR SITE TO DISCUSS YOUR CONCERNS REGARDING MOSQUITOES OR THE WEST NILE VIRUS, (WNV). WE WILL CAN OFFER YOU SUGGESTIONS TO REDUCE MOSQUITO HABITAT ON YOUR PROPERTY, WE CAN TAKE SAMPLES FROM WATER SOURCES TO HAVE MOSQUITO LARVAE IDENTIFIED. THIS IS VALUABLE AS THERE ON ONLY FOUR TYPES OF MOSQITOES IN OUR AREA THE HAVE A HIGH PROBABILITY FOR CARRYING THE WNV. The City of Tigard will not perform larvae control on private property. The larvacide used by the City of Tigard are available off-the-shelf from local vendors to home owners who wish to use them. The City of Tigard will not spray for adult mosquitoes unless directed to by the Washington County Health Division. 4. WHAT 15 BEING DONE TO MONITOR AND CONTROL MOSQUITOES THAT MAY CARRY MOSQUITOES WEST NILE VIRUS ON PUBLIC PROPERTIES SUCH AS PARKS, WETLANDS, CATCH BASINS & STORM WATER QUALITY FACILITIES? The City of Tigard Public Works and other cities and agencies in Washington County are working with the Washington County Department of Health and Human Services and the Multnomah County Vector & Nuisance Control Department to monitor the public properties mentioned above. If mosquitoes with a high potential to carry the West Nile Virus are detected, the City of Tigard will use a progressive level of control strategies to control mosquitoes primarily education, (habitat reduction), and larvae controls. The City of Tigard will not perform larvae control on private property. The larvacide used by the City of Tigard are available off-the-shelf from local vendors to home owners who wish to use them. The City of Tigard will not spray for adult mosquitoes unless directed to by the Washington County Health Division. C 5. ARE STORMWATER CATCH BASINS SIGNIFICANT BREEDING GROUNDS FOR MOSQUITOES THAT CARRY WEST NILE VIRUS? Any standing water can provide breeding grounds for mosquitoes that carry West Nile virus. Many of the catch basins in the City of Tigard are designed to trap pollution and hold a small amount of stormwater after a rainfall event. These catch basins can be breeding grounds for mosquitoes that carry West Nile virus. The City of Tigard Public Works and other cities and agencies in Washington County will be working with the Washington County Department of Health and Human Services this summer to sample water from these types of 2 catch basins in the urban area to monitor them for the presence of mosquitoes carrying West Nile virus, and perform larvae control if needed. 6. ARE STORMWATER PONDS AND SWALES SIGNIFICANT BREEDING GROUNDS FOR MOSQUITOES THAT CARRY WEST NILE VIRUS? Stormwater ponds and swales are designed to filter pollution from rain-water runoff and reduce flooding. Most of the facilities that have been built in residential and commercial developments since 1990 are designed to drain within a few days, which prevent mosquito larvae from completing their development. However, some stormwater ponds and swales are designed to hold water most of the year or may retain small pools of water. These facilities offer habitat for many of species of frogs, birds, fish and aquatic insects that feed on mosquitoes and their larvae. The City of Tigard Public Works and other cities and agencies in Washington County are working with the Washington County Department of Health and Human Services to inventory and evaluate the maintenance of these facilities to reduce mosquito breeding habitat and improve the habitat for natural mosquito predators. The City of Tigard Public Works and other cities and agencies in Washington County are working with the Washington County Department of Health and Human Services to monitor these facilities for the presence of mosquitoes carrying West Nile virus are detected, the Washington County Department of Health and Human Services will provide guidance to local communities on more aggressive control measures including the application of biological larvcide controls. 7. ARE WETLANDS SIGNIFICANT BREEDING GROUNDS FOR MOSQUITOES THAT CARRY WEST NILE VIRUS? Although wetlands can provide habitat for mosquitoes, typical water conditions and natural predators found in healthy wetlands deter mosquito use and ~N. minimize larval success if egg laying occurs. Predators including other aquatic J insects, amphibians, and birds feed on any mosquitoes present. Wetlands are a m critical element in a healthy ecosystem that benefits people, water quality and wildlife. Wetlands clean and slowly release rainwater and provide flood J protection and wildlife habitat. Many wetlands recharge groundwater critical for local drinking water supplies and prevent streams from drying up during the summer. We will not eliminate mosquitoes by draining wetlands. We could actually increase the mosquito population if their natural predators are destroyed by draining a wetland. Many mosquito species need only a small puddle or depression in which to breed. 3 8. ARE STREAMS AND RIVERS SIGNIFICANT BREEDING GROUNDS FOR MOSQUITOES THAT CARRY WEST NILE VIRUS? Under normal circumstances, mosquitoes cannot breed successfully in flowing water, and therefore streams and rivers can only produce mosquitoes when they dry up and leave shallow, stagnant puddles in the stream bed or in backwater areas. Streams and rivers provide good habitat for predators that feed on mosquitoes and mosquito larvae. 9. I LIVE NEAR A GREENWAY OR A WETLAND AND WORRY ABOUT MY FAMILY'S SAFETY. We will never be able to eliminate all habitats for mosquitoes and not all mosquitoes are carriers of the virus. Greenways and wetlands provide numerous health and quality of life benefits. They clean pollution from air and water and reduce flooding and erosion. The use of chemical controls can affect the environment and human health and have limited success unless carefully applied by licensed pesticide applicators. Application of pesticides to wetlands, streams and other waterways can not only affect the environment and, ultimately, human health, but may be illegal under state and federal law. Local and federal health experts recommend the best personal protection is to reduce mosquito habitat, prepare your home and take personal protection measures. Reducing mosquito habitat Mosquitoes lay their eggs in standing water. The eggs only need a few ounces of water to grow into adults. Reduce mosquito habitat by: • Eliminate places where water can stagnate in containers such as buckets, flowerpots and tires. ' S Change water at least once a week in birdbaths and wading pools. • Clean clogged rain gutters, and put mosquito screens on rain barrels. a • Dispose of old tires or cover them so they do not collect water. a a Prepare your home • Put tight-fitting window screens on all your windows, and repair rips or tears in existing screens. • Consider adding a screen door to outside doors that are often left open. Personal Protection We will never be able to eliminate all mosquitoes. Personal protection is a way to avoid getting bitten. When mosquitoes are out, particularly at dusk: 4 • Wear long sleeves and long pants. • Consider wearing insect repellent that contains DEET. Read repellent instructions carefully. Repellent should not be applied to children under the age of two. 10. FOR MORE INFORMATION ON WEST NILE VIRUS AND MOSQUITO CONTROL, VISIT: • Oregon State WNV Public Information Line: (866)-703-INFO or (866)-703- 4636. The toll-free hotline is updated by the Oregon Department of Human Services and is recorded in English and Spanish. • Multnomah County West Nile Virus Public Information Line: (503)-988-NILE or (503)-988-6453. This information is also available in multiple languages. • Washington County Department of Health and Human Services at: http://www.co,washington.or.us/deptmts/hhs/env hlth/vector/msgt idx.htm • Multnomah County Vector & Nuisance Control Department at: http://www.mchealthinspect.org/vector.wnv.html • The Oregon Public Health Service http://www.ohd.hr.state.or.us/acd/wnile/ • The Centers for Disease Control and Prevention at: www.cdc.gov/westnile • The National Pesticide Information Center at: http://npic.orst:edu/wnv/ • The U.S. Environmental Protection Agency's site on Mosquito control at: http://www.epa.gov/pesticides/factsheets/skeeters/htm L r Fi r J 0 u 5 AGENDA ITEM NO. %2- • VISITOR'S AGENDA DATE :JULY 22, 2003 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED 50 C)~ XAD q M &v-x) ~~eL& e.v-~ti NN5 A6viyary Comm, Ib1Z°~ i q~eV✓ \o Lys. VISITOR'S AGENDA Page 1 AGENDA ITEM # 3.. FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointment of seven new members an alternate and an ex-officio member to establish the Park and Recreation Advisory Board PREPARED BY: Susan Koepping . WI DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Appointment of the initial roster of members, an alternate and an ex-officio member to the Park and Recreation Advisory Board STAFF RECOMMENDATION Adopt the attached resolution appointing a new roster of members, an alternate and an ex-officio member to the Park and Recreation Advisory Board. INFORMATION SUMMARY Tigard has not had a separate Park and Recreation Advisory Board since the early 1990's. Since then, the Tigard Planning Commission has provided advice on parks-related issues. This resolution will establish the new Park and Recreation Advisory Board authorized by Ordinance 03-02 by appointing Michael Freudenthal and David Baumgarten each to a two-year term that will expire December 31, 2005, Scott Bernhard and Kristin Gaston each to a three-year term that will expire on December 31, 2006; and Carl Switzer, Shelley Richards, and Darrin Marks each to a four-year term that will expire on December 31, 2007. In addition, Jason Ashley will be appointed as alternate to a term ending December 31, 2005 or when he is appointed to complete a tern vacated by a mid-term resignation of an existing member. Scot Sutton will be appointed as an ex-officio member representing the Planning Commission for a one-year term ending December 31, 2004. OTHER ALTERNATIVES CONSIDERED L None n VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY 0 Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Information about the candidates FISCAL NOTES none I:VADM\SUSANK\TASKFORCkTASKFORCiTASKFORCEIPARKS&RECADVISBRD\SUM'031NITIAL APPOINTMENTS.DOC L C Biographical information on Park and Recreation Advisory Board appointees David Baumgarten has resided in Tigard for nearly 4 years. He lives near Cook Park. He has Bachelors degrees in Civil Engineering and Biology, and a Masters degree in Genetics. He works for the Red Cross in Portland. An avid runner and cyclist, he uses and is interested in the trails and parks in Tigard. Scott Bernhard, DC has lived in Tigard for 20 years, and currently resides not far from Fowler Middle School. He is a Chiropractic Physician and has been active in community youth activities, and outdoor sports groups. Michael Freudenthal has lived in the area for over five years, and currently resides in the Urban Service District. He holds a Bachelors degree in Biology, and is employed in regulatory affairs relating to food manufacturing. Michael served on a Washington Square Regional Technical Advisory Committee related to storm water in 2001 and has volunteered as a youth basketball coach. Kristin Gaston lives near Fowler Middle School, and has been a resident of Tigard nearly 3 years. She just graduated law school with a certificate in environmental and natural resource law. She works with regional air quality issues as an employee of WESTAR Council. Kristen also brings a history of community involvement to the board. Darrin Marks has lived in Tigard for nearly 6 years, and resides not far from the Tualatin River. He holds a Bachelors degree in Leisure Studies and Services and currently works for the Police Activities League of Greater Portland. He has extensive experience in community involvement, project development and fund raising, and has been a member of Oregon Park and Recreation Association. Shelley Richards has lived in Tigard for over one year not far from Sather Street and Hall Blvd. She holds a Masters degree in Civil Engineering and is employed as a project manager on transportation projects. She also has extensive background in community service. Currently, she is helping get the Tigard youth advisory council started. Carl Switzer has lived in metropolitan Portland area for 25 years although he is new to Tigard. He resides near Englewood Park. He holds a Masters in Urban and Regional Planning from Portland State. He was employed for several years in municipal recreation and is currently employed as a transportation planner. He has an extensive background in community service, and is a member of the American Planning Association. Jason Ashley - Alternate has lived in Tigard for one year near Summerlake and Jack Parks. He holds a Bachelors degree in Business and Marketing, and is employed as a project manager for a financial record-keeping company. Scot Sutton - ex-officio Planning Commission has lived in Tigard nearly five years and resides not far from Cook Park. He holds an MBA and bachelors in Architecture. Scot is a member of the Tigard Planning Commission which supported his candidacy for this ex- officio position. '--We AGENDA ITEM # 3, 3 FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of the Willamette River Water Coalition Intergovernmental Agreement PREPARED BY: Dennis Koellermeier DEPT HEAD OK U CITY MGR OK ISSUE BEFORE THE COUNCIL The issue before the City Council is to approve the new Intergovernmental Agreement (IGA) for the Willamette River Water Coalition, formerly known as the Willamette Water Supply Agency (WWSA). STAFF RECOMMENDATION Staff recommends that the City Council approve the attached Intergovernmental Agreement. (Note: There is one change to the agreement. See the attached memo from Amanda Rich from WWSA.) INFORMATION SUMMARY The City has been a member of the Willamette Water Supply Agency (WWSA) since its creation. Several issues have developed over the years that have caused the members to re-evaluate the agency and the remedy suggested is to reformulate the existing agency into a new group, which will be named the Willamette River Water Coalition. To that end a new Intergovernmental Agreement has been prepared and is being presented to each proposed member agency for approval. Major elements of the new IGA include: 1. The new name: Willamette River Water Coalition 2. New general powers and duties statement 3. New membership list (Clackamas River Water has withdrawn) 4. New funding formula OTHER ALTERNATIVES CONSIDERED 1. Reject the new agreement, which would cause the existing agreement to remain in force. 2. Withdraw Tigard's membership. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Maintaining membership in the new Willamette River Water Coalition is consistent with the goal to actively participate in regional development of drinking water sources. ATTACHMENT LIST • Final draft (Junes, 2003) of proposed Intergovernmental Agreement • July 2, .'003 memo from Amanda Rich of WWSA noting a minor amendment to Section 1.2.3 of the proposed Intergovernmental Agreement. FISCAL NOTES Funds have been budgeted to maintain our membership in the Coalition. This expenditure is estimated to be $9,136.81. WILLAMETTE WATER SUPPLY AGENCY I CLEAN WATER FOR OUR C O M M U N I T I E S MEMORANDUM To: WWSA Members From: Amanda Rich Date: July 2, 2003 Re: Late-breaking change to new WWSA (WRWC) IGA In a work session held on July 1, 2003, the Tualitan Valley Water District (TVWD) agreed to make one minor change to the new intergovernmental agreement for the WWSA (soon to be WRWC). The change is as follows: Section 1.2.3 - Delete the words "or desirable", so that the clause will read " which are necessary to efficiently and effectively develop water sources If your council/board has not yet adopted the agreement, please present this change when they review and discuss the agreement so they can choose whether or not to accept it and adopt the agreement with the change. If your council/board has already adopted the agreement, please present this change at the next opportunity so they can decide if they wish to accept the change as part of the final ratified agreement. If you have any questions, please call me at 503-378-0595 or email me at amanda@westernadvocates.com. oe m t* City Council Document Transmittal A-4.96 CITY OF TIGARD To: --Doo n Ki)-o ( (e rrvg.t OREGON From: 01t+bL4IA--) ya_~ Date: '7. o3-o3 I'm sending you: Document Type: )Z IGA ❑ Contract ❑ Other Document Name: Crec ~G fG~ ~.C~iC(C~~n~td o 4yw Approved at the Council Meeting of: `7 aaea3 Number Copies Included: 3 [ 1 /Your document(s) have been signed by the Mayor ❑ Your document(s) have been signed by the City Manager o 2/your document(s) requires an additional signature(s) [Ahen all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: 1:1ADhACITY COUNCIL\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC INTERGOVERNMENTAL COOPERATIVE AGREEMENT CREATING THE WILLAMETTE RIVER WATER COALITION THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT is entered into by and between the following parties: Tualatin Valley Water District, a Domestic Water Supply District formed under Chapter 264 ("TVWD") Canby Utility Board, a municipal utility formed pursuant to ORS Chapter 225 ("CUB"), the City of Sherwood, a municipal corporation ("SHERWOOD"), The City of Gladstone, a municipal corporation ("GLADSTONE"), the City of "Tigard, a municipal corporation ("TIGARD") and the City of Tualatin, a municipal corporation ("TUALATIN"). RECITALS: A. WHEREAS, the parties hereto have the authority to enter into this Agreement pursuant to their respective principal acts, charters, and ORS 190.003 et sea.; and B. WHEREAS, the parties with the present exception of SHERWOOD and TUALATIN either hold water rights or have applications pending to appropriate water for municipal and industrial purposes on the Willamette River within that reach of the river from Lake Oswego to Wilsonville; and D. WHEREAS, some entities may desire to develop and use the Willamette River prior to broader application of that water throughout the metropolitan region and that the entities hereto presently or in the near future will have water supply needs that could be met by the Willamette River and it may be the most economic, efficient, and available source; and E. WHEREAS, these entities wish to create the Willamette River Water Coalition ("WRWC") under ORS Chapter 190 to study their local water demands and jointly evaluate water quality and the use of existing permitted rights and future rights and areas of usage; and being fully advised, ' NOW, THEREFORE, the parties hereto agree as follows: SECTION 1. WILLAMETTE RIVER WATER COALITION Z r 1.1 WRWC. There is hereby created the Willamette Water Supply Agency ("WWSA")Willamette River Water Coalition ("WRWC"). The members of WRWC shall number six (6). The governing body of each party shall appoint one (1) member. Members of WRWC. D shall serve at the pleasure of their respective appointing bodies. The addition of new members shall require the consent of a two-thirds majority of existing members. 1.2 General Powers and Duties. WRWC shall have the following powers: WRWC Intergovernmental Agreement Proposed Final Draft - June S, 2003 1 1.2. 1 To adopt such bylaws, Mules, regulations, and policies as it deems necessary in furtherance of the purposes of this Agreement; 1.2.2 To study the best method to develop water sources on the Willamette River between Wilsonville and Gladstone. Scope of work for specific tasks or projects/project governance and monetary responsibilities shall be negotiated on a case by case basis which may be by addendum to this Agreement; 1.2.3 To perform and exercise pursuant to the Charter or principal Acts of the parties or by Section 190.003 through 190.250 of the Oregon Revised Statutes, all powers. pursuant 'to applicable charter, ordinance, or state or federal law,which are ne.cessary*er-desirable to efficiently and effectively develop water sources on the Willamette River; 1.2.4 To receive and hold-existing-;water ri ghts and to develop water rights on the Willarn6tte,Rivec, and alP'actioiis necessary to preserve and protect them, to take all action necessary 'to design, permit, construct and operate, maintain and replace water ihtakes,Ardatment, storage, transmission and distribution facilities, equipment; an&rolling stock as agreed ("the System'); 1.2.5 To issue, sell or otherwise dispose of bonds, securities, or other forms of indebtediie'ss, including' tfie power to issue revenue bonds under ORS 288.805 to 288.945; 1.2.6 To sell water, adopt system development charges and engage in rate making pursuant to state and federal law as authorized by the members; 1.2.7 To purchase, own, hold, appropriate, and condemn land, facilities, rights of way either in its own name or in the name of the individual parties hereto to develop Willamette River rights. 1.2.8 To provide support to other entities involved in efforts to improve the health of the Willamette watershed. 1.3 Duration. Subject to Section 3 of this Agreement dealing with termination or withdrawal, the duration of this Agreement shall be perpetual. i 1.4 Meetings; Manner of Actinr . Meetings of WRWC shall be conducted in i accordance with the provisions of the Oregon Public Meeting Law, Oregon Revised Statues Section 192.610 gt M. Four (4) members of WR:WC shall constitute a quorum for the transaction of business and if only a quorum is present, a majority of those present shall be necessary to decide any issue except financial matters or new membership. Any decision of WRWC seeking financing WRWC intergovernmental Agreement Proposed Final Draft - June 5, 2003 *(INSERT FOR 1.2.3: "WHICH ARE NECESSARY TO EFFICIENTLY AND EFFECTIVELY DEVELOP WATER SOURCES..." or other financial obligation, or other forms of indebtedness, shall require an affirmative vote of the governing body of each entity that will financially participate in any project. The WRWC member may bind his/her entity without governing body approval if the amount in question is within his/her delegated contracting authority. 1.5 Officers. Annually, at the beginning of each fiscal year, WRWC shall elect from its membership a Chair and Vice-Chair who shall be officers of WRWC who shall serve a terns of one (1) year. WRW.C.shall also appoint a Secretary who need not be a member of WRWC who shall be responsible for WRWC's records and shall keep a record of all WRWC proceedings. Officers shall serve at the pleasure of WRWC or until their successors shall be appointed and take office. 1.6 Budgetin% Accounting, Audits. WRWC shall annually prepare a work plan and an estimate for the next fiscal year and distribute it to the members by January 1 of each year. This work plan shall be referred to as general administrative. It is anticipated that each party shall budget its own staff and funds for costs or provision of in-kind services as necessary. Each party's apportioned share of the general administration expenses shall be determined by the following formula: one half of the total administrative costs for the fiscal year shall be divided evenly among the WRWC membership, the second half of the total administrative costs for the fiscal year will be divided among the WRWC membership according to their percentage share of the total number of water meters served by the members of the WRWC as of January I of the preceding fiscal year. For subsequent projects, for improvements and facilities, each party's apportioned share of the expenses shall be estimated and set forth in addenda to this agreement detailing the scope of work to be performed, participants and ownership, and the amounts so estimated shall be budgeted and appropriated by the participants in accordance with local budget law. WRWC shall maintain financial reports showing its expenditures and receipts by category item for each transaction through the last working day of the preceding calendar month. If necessary, WRWC shall cause an independent audit to be performed and completed by a certified public accountant in accordance with ORS 297.405 et seq., within six (6) months following the end of each fiscal year. SECTION 2. SURFACE WATER RIGHTS & FACILITIES. 2.1 Delegation of Powers. The functions of source management, and water treatment may be performed by WRWC, pursuant to subsequent agreements authorized by the members. i Transmission and storage shall be performed by the parties using those facilities. It is the primary I intent and purpose of this Agreement to allow the individual entities to develop information, participate in the study and negotiate relevant agreements regarding implementation of recommendations to design, construct, finance, own and operate facilities within their respective boundaries. WRWC may contract with any entity regarding performance of services. WRWC and each individual entity shall define the scope of individual entity contributions or individual efforts. 2.2 Contributions of Vested and Pending Water Rights. Presently permitted surface WR WC Intergovernmental Agreement Proposed Final Draft - June S, 2003 3 water rights to the Willamette River are held by TVWD (130 mgd) as WRD Permit No. 49240, (hereafter "existing rights"). Pending applications before the State Water Resources Department ("WRD") filed by all parties, except SHERWOOD and TUALATIN, are also set forth on Exhibit 1 (hereafter "new rights"). The existing and new rights together specify areas of usage covering the service territories of all members of WRWC. Following execution of this Agreement and formation of this entity, the parties hereto agree to execute all documents necessary to assign ownership of the existing 1973 permit to WRWC and identify WRWC as the applicant on the pending application for new rights. Thereafter WRWC shall exclusively own and manage the resources subject to this Agreement. 2.3 Allocation of Water and Diversion Point. WRWC shall become the sole holder of these rights. WRWC and its members shall each have a duty of good faith and fair dealing with each other and commitment to reasonably allocate the Willamette River water and manage the System according to an individual member's needs, considering that member's: 2.3.1 Capital contribution determined as land is acquired, facilities are constructed or cash is contributed; 2.3.2 Demand forecast for a rolling 20-year time period; 23.3 Development and implementation of a water system management and conservation plan consistent with the requirements or guidelines of the Regional Water Plan. 2.3 .4 Other factors as agreed by separate addenda or written agreements. 2.4 Administration of Water Rights. By assignment of ownership of the Willamette River water rights, WRWC shall have the full authority to modify, combine or abandon rights and permits and seek new sources through new permits or contracting for stored water for municipal and industrial needs as the members approve. SECTION 3. CAPITAL CONTRIBUTIONS. 3.1 Assets. Without limitation, the existing and new rights enumerated in attached Exhibit I (the "System") shall be employed in the System and are hereby contributed by the parties. Future agreements or addenda will identify other assets and how they are to be accounted for under this Agreement. 3.2 Effect of Membership. Each party's annual contribution towards General Administration shall entitle it to member status and each party shall own an undivided interest in the system as reflected, which shall be adjusted by capital contributions over time as set forth in Addenda or by separate written agreement. If membership status is maintained, then each party will have the right to equity participation in the construction of new or expanded facilities as they are WRWC Intergovernmental Agreement Proposed Final Draft - June S, 2003 4 proposed, have an option to purchase an interest in new or expanded facilities at future times, and/or to be a wholesale customer. SECTION 4. OPERATION AND MAINTENANCE. 4.1 Generally. At such time that facilities are constructed, unless otherwise agreed in writing by the entities financially participating in the facility, the system shall be operated and maintained by. WRWC, WRWC may contract with members or others to provide daily management of all or a portion of the System. Operation and maintenance will be determined at that time by the equity participants through subsequent agreement or addendum. SECTION 5. CONSTRUCTION OF FACILITIES. 5.1 Proposal to Construct. If any member should desire to construct, expand or modify the System as now or hereafter configured, including the siting of a plant at one of the designated diversion points of 2.3 or at another location on the Willamette River, it shall notify WRWC and the other members in writing of the proposed construction, expansion or modification needs ("Project"). WRWC shall have 90 days in which to determine whether to participate in the proposed project. The notification shall include cost estimates and a reasonably detailed description of the proposed project. The members, within 90 days, shall notify the WRWC of their acceptance or rejection of participation and cost shares shall be allocated. If notice of acceptance is not received within 90 days, the proposed project shall be deemed rejected by the members failing to respond. 5.2 Individual Rights. The parties intend to provide a method of decision making by anticipated diversion points. Facilities constructed shall be in the name of WRWC but decision making shall be by the participating members as set forth in the Project Agreement. If WRWC elects not to construct, expand or modify as proposed by an individual member or members, then by separate written agreement or addenda any member or members may proceed with the 1973 rights assigned to that diversion point if the members of WRWC likely to be served by that diversion point or facility approve the technical aspects of the proposal to ensure the project will not be inconsistent with future compatibility with individual members systems. If the proposal is found inconsistent or incompatible, the member(s) may use its own water rights held outside this agreement. Under all circumstances, no such project shall impair the ability of the System to serve 6 the other members or significantly increase the cost of usage to the other members unless the C member(s) undertaking the project agrees to pay the increased unit costs to WRWC or the members ? which have declined to participate. in the expansion. If the members likely to be served by the diversion point or facility do not approve use of the 1973 rights, then the individual entity may use j other water outside this agreement or use the termination provision of Section 7. The parties agree i that absent termination, only WRWC may apply for water eights to the Willamette River. i i 5.3 Tigard. In consideration of the abandonment of its 1995 permit application to appropriate 40 cfs, TVWD and the members of WRWC hereby allocate 40 cfs ofthe 1973 right at WRWC Intergovernmental Agreement Proposed Final Draft - June 5, 2003 5 - 0 the Wilsonville diversion point to Tigard. If Tigard desires to construct a conventional treatment plant at Wilsonville to develop this right and no other members wish to participate, Tigard may proceed without further approval from WRWC or its members. 5.4 Regulatory Matters. All parties served by a facility shall share proportionately in cost if expansion or modification is necessary to meet regulatory requirements, unless subsequent agreement or addenda provides otherwise. SECTION 6. SALE OF WATER TO OTHER ENTITIES. 6.1 WRWC. The members agree that the Willamette River water rights now existing or hereafter acquired are for regional application. The parties agree to work in good faith to accommodate other users on an ownership, wholesale, mutual aid or emergency basis. Subject to paragraph 6.2, WRWC or its members shall have the power to sell water to other non-member entities at prices determined from time to time by WRWC. 6.2 Proceeds of Sales. The proceeds attributable to the sale of water to an outside entity shall be paid to WRWC. Any distribution of these proceeds shall be as the members agree after expenses and costs of debt service, construction, operation and maintenance are met. 6.3 Transmission Line Charges. Sales to any entity which may require transmission through lines may be subject to a transmission line charge to be established by the owner. Charges for use of transmission lines shall be collected by WRWC from the user and paid to the owner of the transmission line. 6.4 Other Charges. Other charges may be established by WRWC as necessary and agreed by the parties. SECTION 7. TERMINATION. 7.1 Notice of Election. Any party may elect to terminate this Agreement and withdraw from WRWC by giving written notice of its desire to WRWC and other member parties on or before March 1. Notwithstanding the date of notice, withdrawal shall be effective on July I immediately following the notice. Upon the effective date of withdrawal, unless otherwise agreed by the withdrawing party and WRWC, that party shall immediately cease membership in WRWC. The withdrawing entity shall continue to pay its share of, or be responsible for, any previously incurred joint debt, and shall hold harmless the remaining members for those financial responsibilities and obligations attributable to the withdrawing party. WRWC Intergovernmental Agreement Proposed Final Draft - June 5, 2003 6 7.1.1 If WRWC, after receiving the notice of termination, desires to purchase the terminating interest in the System, it shall notify the terminating member in writing of its desire to purchase the terminating member's interest at lesser of market value or depreciated book value. Such notice shall be given within 60 days of receipt of the notice of termination. 7.1.2 If WRWC declines, then the one or more remaining members may give notice within 60 days after notice of WRWC's decline of that member's intent to purchase as provided herein. Unless otherwise agreed in writing, the purchase shall be purchased equally among the buying members and their capital accounts shall be adjusted accordingly. 7.1.3 The price to be paid, whether determined by mutual agreement or arbitration, shall be paid to the terminating party in full within 12 months following the date of termination set forth in the notice of intent to terminate. If the other party fails to pay the purchase price within 12 months of the date of termination and if the parties are unable to agree upon a mutually acceptable payment schedule, then the terminating member shall have the right to sell its portion of the facility to any other entity approved by a majority of the governing boards or councils from the remaining members. 7.1.4 In the event that the WRWC or the remaining members fail to purchase the interest of the terminating member within the 12-month period, or in the event the WRWC or the remaining member(s) decline to purchase its interest, then the terminating member's rights and duties shall be those specified in this Agreement until a sale is made to some other entity or some other mutually agreeable disposition is made and the original owner shall remain responsible for all terms and conditions of this Agreement. 7.1.5 Notwithstanding anything to the contrary, because TVWD contributed the existing permitted rights (1973 rights), no withdrawing party shall be compensated for the value of those 1973 rights except TVWD. If TVWD decides to withdraw from WRWC, it may:. a) leave the entire 1973 water right with WRWC and WRWC shall purchase the right as appraised along with the entities' other assets. • However, 40 efs shall not be valued as part of this appraisal and purchased because it is allocated to TIGARD in consideration of i TIGARD'S relinquishment of its 1995 permit application; or b) leave the allocated portion of the 1973 rights which will be valued and purchased by WRWC and take the unused remainder back to its sole ownership. However, 40 cfs shall not be valued as part of this WRWC Intergovernmental Agreement Proposed Final Draft - June 5,'2003 7 appraisal and shall be included in the portion left in WRWC as it is allocated to TIGARD in consideration of TIGARD's relinquishment of the 1995 permit application; or c) TVWD may leave all the 1973 rights and. in lieu of monetary compensation, receive an equal amount (202 cfs) of junior rights under 7.1.6 below. 7.1.6 For the parties other than TVWD. in the event of termination, the terminating member shall be entitled to have conveyed to it by WRWC the water rights associated with the pending application the terminating member contributed to WRWC. For example, if the pending application was approved for Canby in the amount of 12.4 cfs and Canby terminates, Canby shall relinquish all rights and claims to any water allocated to its diversion point under the 1973 Permit contributed by TVWD and WILSONVILLE; and WRWC shall assign to Canby the 12.4 cfs Permit right that Canby contributed to the entity. Thereafter Canby shall rely only upon that 12.4 cfs water right and have no further right or claim to other WRWC rights. 7.1.7 The parties agree that TIGARD shall have a firm right to 40 CFS of the TVWD 1973 rights in consideration of its abandonment of its 1995 permit application. 7.1.8 The parties agree to cooperate to execute all documents necessary to make water right transfers and assignments, 7.2 Breach. Upon material breach of this Agreement, WRWC or an aggrieved member may seek all remedies available at law or in equity. 7.3 Dispute Resolution. 7.3.1 Method for resolving disputes. If a dispute arises between WRWC and a member or between members regarding breach of this Agreement or interpretation of any tern of this Agreement, the parties shall first attempt to resolve the dispute by negotiation, followed by mediation, if negotiation fails to resolve the dispute. Step One: (Negotiation) The Manager or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The nature of the dispute shall be reduced to writing and shalt be presented to each Manager who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a WRWC Intergovernmental Agreement Proposed Final Draft - June S, 2003 8 written determination of such resolution, signed by each Manager and ratified by the WRWC which shall be binding upon the parties. Step Two: (Mediation) If the dispute cannot be resolved within thirty (30) days at Step One, the parties shall submit the matter to non-binding mediation. The parties shall attempt to agree on a mediator. If they cannot agree, the parties shall request a list of five (S) mediators from an entity or fine providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each party shall select one (1) name. The two selected shall select a third person. The dispute shall be heard by a panel of three (3) mediators and any common costs of mediation shall be borne equally by the parties who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by each Manager and approved by the WRWC. 7.4 Jurisdiction of Circuit Court. After exhaustion of 7.3 processes, if the parties agree, any dispute or claim shall be settled by arbitration under the jurisdiction of the Circuit Court of the State of Oregon for Clackamas County pursuant to ORS Chapter 36. In the absence of such an agreement, that same court shall have jurisdiction. SECTION 8. AMENDMENT. This Agreement may be amended by mutual written agreement of the parties, signed by all of the parties. Future tasks deemed necessary shall be agreed to by the parties through an addendum to this Agreement setting forth the scope of work and method of payment. SECTION 9. GENERAL PROVISIONS. 9.1 Merger Clause. This Agreement embodies the entire agreement and understanding between the parties hereto and supersedes all prior agreements and understandings relating to the subject matter hereof. 9.2 New Members and Assignment. WRWC may accept additional government entities as participants under terms and financial conditions that WRWC deems just and equitable on a case-by-case basis and only upon an affirmative vote of two thirds of the members. Except for changes of organization through entity formation, merger, consolidation or annexation, no party shall have the right to assign its interest in this Agreement (or any portion thereof) without the prior written consent of a majority of WRWC. 9.3 Severability. In case any one or more of the provisions contained in this Agreement should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. WR WC Intergovernmental Agreement Proposed Final Draft -June S, 2003 9 9.4 Notices. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by United States mail, first class postage prepaid, addressed to the parties as follows: Tualatin Valley Water District Attn: General Manager P.O. Box 745 Beaverton, Oregon 97075 Canby Utility Board Attn: General Manager P.O. Box 1070 Canby, Oregon 97013 City of Tigard Attn: City Manager P.O. Box 23397 Tigard, Oregon 97223 City of Sherwood Attn: City Manager 20 NW Washington Sherwood, Oregon 97140 City of Tualatin Attn: City Manager 18880 SW Martinazzi Avenue Tualatin, Oregon 97062 City of Gladstone City Administra'ior 525 Portland Avenue 9 Gladstone, Oregon 977027 i The parties hereto are responsible to notify each other of changes and to keep this list current. i 9.5 Meetings.. Regular meetings of WRWC shall be conducted at such times as WRWC may designate but shall be no less than quarterly. The chairman, upon his own motion, may, or at the request of two (2) members of WRWC, shall by giving notice to members of WRWC call a previously unannounced special meeting of WRWC for a time not earlier than twenty-four (24) hours after the notice is given, unless an emergency exists. In cases of an emergency, notice WR WC Intergovernmental Agreement Proposed Final Draft - June S, 2003 10 reasonable under the circumstances shall be given. Four (4) members of WRWC shall constitute a quorum. No action will be taken by WRWC unless a majority of WRWC present votes to support the action. proposed, unless a greater number of votes is required. 9.6 Advisory Boards; Technical Committees. WRWC may appoint advisory boards and technical committees. The advisory boards shall meet as needed and shall review and make recommendations to WRWC on such matters as WRWC so assigns. A technical committee shall meet not less than quarterly to develop methods of coordination and functioning between WRWC and the entities. 9.7 Attorney Fees. If a dispute should arise between the parties regarding any term or portion of this Agreement, the prevailing party shall be entitled to such reasonable attorney fees as a trial court or arbitrator may award and on any appeal therefrom. 9.8 Counterparts. This Agreement may be executed in any number of counterparts and by the parties on separate counterparts, any one of which shall constitute an agreement between and among the parties. 9.9 Joint and Several Obligations. For approved WRWC activities, the parties shall be jointly and severally liable to third parties for payment of debts and costs incurred. No party to WRWC shall be liable for damages, debts or claims caused solely by the negligent act or omission by WRWC or other members. The individual entity causing damage by its sole negligence or wrongful act shall be individually liable. 9.10 Instruments of further Assurance. From time to time at the request of any of WRWC, each member shall, without further consideration execute and deliver such additional instruments and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement. 6 WW WC Intergovernmental Agreement Proposed Final Draft - June S, 2003 I1 IN WITNESS WHEREOF, the parties have executed this Interoovemmental Cooperative Agreement by the date set forth opposite their names below. TUALATIN VALLEY WATER DISTRICT Date: 2003 By: By: CANBY UTILITY BOARD Date: 72003 By: By: CITY OF TIGARD Dated: , 2003 By: By: WRWC Intergovernmental Agreement Proposed Final Draft - June 5, 2003 12 Date: , 2003 CITY Or SHERWOOD By: By: Date: , 2003 CITY OF TUALATIN By: By: Date: , 2003 CITY OF GLADSTONE By: By: WRWC Intergovernmental Agreement Proposed Final Draft - June 5, 2003 13 EXHIBIT I PENDING APPLICATIONS Applicant Amount Priority Date Application # CUB 12.4 cfs 12/27/90 71072 TVWD 387 cfs 5/31/91 71651 Gladstone 12.4 cfs 9/13/91 71834 Tigard 40 cfs 3/28/95 80342 EXISTING PERMITTED RIGHTS Applicant Amount Priority Date Permit # TVWD 202 cfs 6/19173 49240 AGENDA ITEM # FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Bid: 2003 Crack Sealing PREPARED BY: Howard Gregory DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The issue before the Local Contract Review Board is to award the bid for Crack Sealing of 97,250 linear feet of cracks. STAFF RECOMMENDATION Staff recommends that the LCRB award the 2003 Crack Sealing contract to Ashwood Construction, Inc., for the sealing of 97,250 linear feet of cracks at a cost of $40,650.50. INFORMATION SUMMARY The City has historically performed crack sealing on an annual basis to maintain our roadway system. Crack sealing is recognized as one of the most efficient maintenance treatments available to extend the useful life of streets. The City's Public Works Department has historically completed approximately 150,000 feet of crack sealing annually through the use of in-house labor and equipment. This program required the hiring of six temporary employees. After review of the efficiency of this program, it was decided that the Department should contract for this work and avoid the hiring of a large temporary workforce, thus saving money. This proposal was included in the Department's 2003/04 Budget proposal and ultimately approved by the City Council. The request for bids was advertised on June 6, 2003, with the bid closing June 24, 2003. There were four bids submitted from the advertisement, as follows: Ashwood Construction, Inc. .418 per linear foot $40,650.50 L BCV, Inc. .48 Per linear foot $46,680.00 Pavement Maintenance, Inc. .79 Per linear foot $76,827.50 a Superior Asphalt Co. .929 Per linear foot $90,349.99 After evaluation of the information received in the bid packages from the four bidders, staff recommends that the contract be awarded to Ashwood Construction, Inc. Ashwood Construction, Inc. is the lowest responsible bidder and meets all specifications. OTHER ALTERNATIVES CONSIDERED Reject all bids and re-advertise for new bids. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Accommodate growth while protecting the character and livability of new and established areas by keeping streets in serviceable condition. ATTACHMENT LIST Bid Summary FISCAL NOTES Funds have been budgeted in streets contractual service budget to cover the $40,650.50 for this contract. i i i i i i `EG~IL~'t STRIP DID OYE~I~G ~r pg01E~T• DATEI fIME' 12/~ ~ptalBid $ FLP'CE' t) GA~ ~tecna~ 3 ~ ; C1T 5Ow 1~4 ,Blvd' Alternate2 y L T g ~ ~ '91123 543-639-1411 p lternatel Z jl ~ L f / . 503? 639- -Base -price pli: t Naa'e ~ t Corapaul C c5 : J r ent of Ti and = e I Ci Yr~ ~titnesses 2003 CRACK SEALING PROJECTS Below is the list of areas and streets that the City has determined for crack sealing projects for the year 2003. The amounts listed below are estimates only for year 2003. City does not guarantee these quantities for additional years of contract. AREA STREET SEG FEET OF CRACKS 10A 1091i 1917 1,000 1091, 1981 1,000 1091i 1863 2,000 1061i 1939 2,500 1061i 1986 1,500 Murdock St. 1940 1,500 Total 9,500 11C 1001i 2183 1,000 1001i 2111 1,500 100th 2055 400 Total 2,900 12A Landmark Ln. 1707 3,000 Total 3,000 12B 76th 1976 1,500 Lamancha Ct. 1984 500 83rd 1995 250 83rd 1983 500 83rd 1968 850 Murdock St. 1969 700 84" Ct. 1966 700 Murdock St. 1967 250 C Total 5,250 0 i 12C Ross St. 3026 500 r 815" 2124 800 i 81S` St. 2200 1,600 Total 2,900 AREA STREET SEG FEET OF CRACKS 3D Genesis Lp. 1288 700 Sonne Pl. 1276 400 Genesis Lp. 1275 500 Erste Pl. 1268 900 Genesis Lp. 1270 400 Morgen Ct. 1269 900 Genesis Lp. 1295 600 Arbre Ct. 1303 400 Genesis Lp. 1309 250 Eden Ct 1308 1,800 Genesis Lp. 1345 350 Novare Pl. 1377 1,700 Genesis Lp. 1354 500 Quelle Pl. 1387 700 Genesis Lp. 1360 100 Ambiance Pl. 1361 800 Genesis Lp. 1368 400 Venus Ct. 1369 700 Nova Ct. 1374 300 Genesis Lp. 1376 800 Total 13,200 2C Park St. 1336 500 Park St. 1334 2,400 Total 2,900 lA Hermoso Wy. 1033 4,000 Total 4,000 1B Garden Pl. 889 1,800 Garden Pl. 908 2,400 Garden Pl. 870 3,500 Knoll Dr 1031 800 Total 8,500 ID Sandburg St. 1558 3.500 Total 3,500 AREA STREET SEG FEET OF CRACKS 33A Springwood Dr. 367 600 127" Ct. 366 1,000 Springwood Dr. 384 1,000 Summer Lake Dr. 385 500 Springwood Dr. 386 300 Total 3,400 33C Ashbury Ln. 641 500 Ashbury LN. 686 600 Swendon Lp. 725 2,400 Swendon Lp. 685 500 Feiring Ln. 687 300 Feiring Ln. 689 200 Total 4,500 34A 108' Ave. 449 1,000 108" Ct. 390 300 Ponderosa Pl. 370 250 Black Diamond Wy. 381 200 Black Diamond Wy. 391 400 Black Diamond Wy. 435 500 Total 2,650 34B Hazelwood Lp. 359 500 Schollwood Ct. 327 600 Hazelwood Lp. 326 750 Ashwood Ct. 329 1,200 Hazelwood Lp. 294 1,400 Glenwood Ct. 313 700 Hazelwood Lp. 319 900 Total 6,050 o. 34C N. Dakota St. 513 750 N. Dakota St. 497 500 M 123' PI. 490 450 :9 N. Dakota St. 491 700 J 120 Pl. 488 400 N. Dakota St. 489 1,400 125" Pl. 485 450 N. Dakota St. 483 500 Tony Ct. 484 350 N. Dakota St. 480 900 AREA, STREET SEG FEET OF CRACKS 34C (cont'd) N. Dakota St. 456 1,500 Anton Dr. 496 3,000 Manzanita St. 464 3,500 119' Ave 460 400 119' Ave 515 1,600 Total 16,400 36B 82°a Ave 450 400 Thorn St. 455 2,800 82nd Ave 471 300 Thorn St. 443 1,400 Steve St. 472 400 Steve St. 11000 Total 6,300 36C 81" Ave 576 2.300 Total 2,300 Grand Total Linear Feet 97,250 IC zl 8 _ i AGENDA ITEM # FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for Engineering/Security Services - Water System Vulnerability Assessment PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board consider and award a contract to C112M HiIUIDC to provide professional engineering and security services to the City relating to our mandated Vulnerability Assessment and Emergency Plan program? STAFF RECOMMENDATION Staff recommends awarding this contract to CH2M Hill/IDC for the amount of $37,500. INFORMATION SUMMARY Beginning in 1998 with the passage of Presidential Decision Directive 63, the federal government identified eight critical infrastructures necessary to maintaining our quality of life. Water systems were included on that list. With the passage of the "Public Health Security and Bioterrorism Response Act of 2001 and the follow-up `Bioterrorism Act of 2002, community water systems are now required to conduct Vulnerability Assessments (VA's) and to prepare or revise Emergency Response Plans (ERP's). The Tigard water service area serves 47,000 people and is thus required to submit our VA by June 30, 2004, and certify our ERP by December 31, 2004. The Act further specifies that the VA should use a risk assessment approach. City staff have been trained on the "Risk Assessment Methodology for Water Systems (RAM-49 " developed by SANDIA National Laboratories and the American Water Works Association and has specified that this industry specific product be used in our VA. Staff published a "Request for Proposals" in the Daily Journal of Commerce on May 16, 2003, requesting proposals from qualified firms to provide services relating to the City's Water System Vulnerability Assessment. The following firms submitted proposals for the listed prices. PSRG $34,663 Tectonic Engineering $?4,000 ABS Consulting $69,071 Carollo Engineers $42,885 Telemus Solutions $48,760 Tetra Tech $49,970 Pinkerton $89,500 CH2M HillADC $37,500 ARC3 $21,745 Kennedy/Jenks $45,500 Staff has evaluated each proposal based on pre-determined criteria, and concluded that the proposal from CH2M HillADC presents the best combination of local experience, expertise, and approach for the price. Three firms M---- I submitted proposals with less expensive prices but all are out-of-state firms with no local experience or references. Due to the sensitive and interactive nature of this work, staff has concluded that using a firm with a local office and local references best meets the needs of the City. CH2M Hill/IDC is a local fine and has excellent references for this kind of work. OTHER ALTERNATIVES CONSIDERED 1. Reject all proposals 2. Award the contract to another proposer 3. Give staff further direction VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment 1- Excerpt from the Request for Proposals: Section 6A - Proposal Evaluation Criteria & Point Distribution FISCAL NOTES Water Vulnerability Assessment and security upgrades are currently budgeted for in the Water Fund and the Water CIP Fund. a o~ a 0 Attachment 1 Excerpt from the Request for Proposals: Section 6A - Proposal Evaluation Criteria E. Point Distribution SECTION 6 PROPOSAL EVALUATION PROCEDURES A. SELECTION AND EVALUATION PROCESS A Selection Committee will review the written proposals. Proposals will be evaluated to determine which ones best meet the needs of the City. After a review to ensure the proposals meet all mandatory minimum requirements, the proposals will be evaluated on both their technical and fee aspects. The Selection Committee will select the engineering firm which best meets the City's needs based upon its evaluation of a firm's proposal. Proposal Evaluation Criteria and Point Distribution: Proposals will be evaluated in accordance with the following: 1. Completed Proposal submitted on time Pass/Fail 2. An original plus three (3) copies of the complete proposal Pass/Fail 3. Transmittal letter Pass/Fail 4. Firm qualifications 20 points The evaluation of the firm's qualifications as listed under Section 5 of this RFP Packet. Technical experience of the firm and prior water system vulnerability assessment experience with governmental and municipal entities will be evaluated. 5. Proiect Team member qualifications 15 points The evaluation of the project team members' qualifications will be based upon the information listed in the statement of team member qualifications detailed in Section 5. 6. Proiect understanding and approach 35 points An evaluation of the proposer's work plan and general understanding of the project as detailed in Section 5. 7. Project timeframe 10 points This will be an evaluation of the proposer's practical L approach to meeting the City's specific deadlines as detailed in Section 5. l1 8. Fee evaluation 20 points ` The evaluation of the proposed fee will consider the overall 1 cost (fees plus out-of-pocket expenses), and the proposed hours and City assistance requested. All of these factors are important in evaluating the reasonableness of the fee and the Proposer's understanding of the requirements. Total Evaluation Points 100 points AGENDA ITEM # FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bid Award for Five-Year Street Sweeping Contract PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK LOW) ISSUE BEFORE THE COUNCIL The issue before the Local Contract Review Board is to award bid for the street sweeping contract to the lowest responsible bidder for a five-year sweeping contract for $160,040 per year. STAFF RECOMMENDATION Staff recommends that the LCRD award the Street Sweeping contract to Great Western Sweeping, Inc., for the period of five years at a cost of $160,040 per year. INFORMATION SUMMARY The request for bids was advertised on May 20, 2003, with bid closing June 10, 2003. There were two bids submitted for this advertisement as follows: Great Western Sweeping, Inc. Pavement Maintenance, Inc 1. Air sweeper for an estimated 2,000 hours $90.00 per hour $76.50 per hour 2. Mechanical sweeper estimated 270 hours $90.00 per hour $76.50 per hour 3. Water truck estimated 15 hours $75.00 per hour $90.00 per hour 4. Debris removal estimated 1,142 yards $17.00 per yard $20.75 per yard 5. Detail work of City lots estimated 60 hours $45.00 per hour $60.00 per hour Estimated totals: $227,539.00 $202,301.50 The estimated hours were used only to provide comparative annual costs are not necessarily the total number of a, hours it will take to sweep the City next year. OC Based on a review of the information received in the bid packages from the two bidders, it is recommended we award the contract to Great Western Sweeping, Inc. Great Western meets all specifications and has had the sweeping contract for the City of Tigard since 1991. Our experience with Great Western Sweeping, Inc., has been M positive and we have very few complaints regarding service. Although Pavement Maintenance, Inc., estimated 0 annual cost was $25,301.50 less than that of Great Western Sweeping, Inc., their equipment failed to meet the W minimum requirement of the City specifications and their references failed to confirm the company's abilities. As an example, we require that the primary sweeper be no older than three years old and the back-up sweeper be no older than six years. The newest sweeper Pavement Maintenance, Inc., has is seven years old and the back up sweeper is twelve years old. Pavement Maintenance, Inc., stated in their bid that they would purchase the necessary equipment if they were awarded the bid. The City's Purchasing Dept. did confirm through the City Attorney that this was acceptable. One of Pavement Maintenance's references was the City of Estacada. Discussions with their staff have led the Public Works Department to conclude that it would not be in the City's best interest to enter into a 5-year contract with Pavement Maintenance, Inc., at this time. OTHER ALTERNATIVES CONSIDERED Reject all bids and re-advertise for new bids. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Accommodate growth while protection the character and livability of new and established areas. ATTACHMENT LIST Copy of Contract. FISCAL NOTES Funds have been budgeted in streets contractual service budget to cover the $160,040.00 for 2003-2004. The contract has been structured to allow adjustments in the hourly rate of the contract cost at the beginning of the second year and the beginning of each remaining year of the contract. The adjustment shall be based upon the Portland CPI for that year. Any increase over the Portland CPI will require the contractor to provide documentation and justification for the additional increase and is subject to the approval of the City. C d CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT STREET SWEEPING SERVICES THIS AGREEMENT made and entered into this 1st day of August, 2003 by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and Great Western Sweeping, Inc. hereinafter called Contractor. RECITALS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and City has determined that Great Western Sweeping, Inc. is qualified and capable of performing the professional services as CITY does hereinafter require, under those terms and conditions set forth: AGREEMENT: The parties agree as follows: 1. SERVICES TO BE PROVIDED: Contractor shall initiate street sweeping services immediately upon receipt of City's notice to proceed, together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit "A" and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon August 1, 2003, and shall expire, unless otherwise terminated on July 30, 2008. Contract will be a five- (5) year contract. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION: CITY agrees to pay CONTRACTOR for performance of those services as described below. Payment shall be based on an hourly rate only for those services received in an acceptable manner to City. Compensation over the life of this Contract is estimated at Nine Hundred Thousand Dollars ($900,000). a. The City agrees to pay the Contractor $90.00 per hour for Air Sweeper. b. The City agrees to pay the Contractor $90.00 per hour for Mechanical Sweeper. L C C. The City agrees to pay the Contractor $75.00 per hour for the Water Truck. 7 d. The City agrees to pay the Contractor $17.00 per Dumpster yard for disposal of debris. e. The City agrees to pay the Contractor $45.00 per hour for detail work of city lots. 9 i Prices shall be firm through the first year of the contract. Price compensation may be allowed for an escalation in the rate of contract costs on a per hour basis, at the beginning of the second year and the beginning of each remaining year of the contract. The escalation increase shall be based upon the Portland CPI for that year. Contractor shall provide documentation and justification of any additional increase above the current Portland CPI. Personal Service Contract - Street Sweeping Services 1 8/1/03 f. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any identified in this Agreement as separately reimbursable. g Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. h. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. i. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. j, Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. k. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 1. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. in. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. n. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. o. The City certifies that sufficient funds are available and authorized for expenditure to finance costs L of this contract. C 4 4. OWNERSHIP OF WORK PRODUCT: City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. Personal Service Contract - Street Sweeping Services 2 8/1/03 5, ASSIGNMENT/DELEGATION: Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City, 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR: Contractor certifies that: a. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. b. The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. Contractor certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. L d. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. n 7. INDEMNIFICATION: J 0 CITY has relied upon the professional ability and training of CONTRACTOR as a material inducement to U enter into this Agreement. CONTRACTOR warrants that all its work will be performed in accordance with J generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by CITY shall not operate as a waiver or release. CONTRACTOR agrees to indemnify and defend the CITY, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims., losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a Personal Service Contract - Street Sweeping Services 3 8/1/03 trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the CITY and its employees. Such indemnification shall also cover claims brought against the CITY under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8. INSURANCE: CONTRACTOR and its subcontractors shall maintain insurance acceptable to CITY in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of CONTRACTOR'S activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the CONTRACTOR and its subcontractor shall provide at least the following limits and coverage's: a. Commercial General Liability Insurance CONTRACTOR shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 b. Commercial Automobile Insurance CONTRACTOR shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Workers' Compensation Insurance The CONTRACTOR, its subcontractors, if any, and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. d. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the CITY deems necessary shall include the CITY, its officers, directors, and employees as additional insureds with respect to this contract. e. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY. Any failure to comply with this provision will not affect the insurance coverage provided to the CITY. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. Personal Service Contract - Street Sweeping Services 4 8/1/03 f. Insurance Carrier Ratine Coverage's provided by the CONTRACTOR must be underwritten by an insurance company deemed acceptable by the CITY. The CITY reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. g. Certificates of Insurance As evidence of the insurance coverage required by the contract, the CONTRACTOR shall furnish a Certificate of Insurance to the CITY. No contract shall be effective until the required certificates have been received and approved by the CITY. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. h. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. CONTRACTOR is not an officer, employee or agent of the CITY as those terms are used in ORS 30.265. i. Primary Coverage Clarification The parties agree that CONTRACTOR'S coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the CITY is excess and not contributory insurance with the insurance required in this section. j. Cross-Liabili, Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. CONTRACTOR'S insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to CITY. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of CITY, in lieu thereof, a certificate in form satisfactory to CITY certifying to the issuance of such insurance shall be forwarded to: Terry Muralt, Buyer City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, CONTRACTOR shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices, rills, payments, and other information: CITY OF TIGARD J Howard Gregory, Streets Supervisor D City of Tigard Business Phone: 503-639-4171, Ext. 2606 13125 SW Hall Blvd. Business Fax: 503-684-8840 J Tigard, Oregon 97223 Email Address: howard@ci.tigard.or.us CONTRACTOR Dan Dodson Great Western Sweeping, Inc. Business Phone: 503-625-0596 14450 SW Tualatin-Sherwood Rd. Business Fax: 503-625-0672 PO Box 926 Email Address: Daniel-Dodson@msn.com Sherwood, OR 97140 Personal Service Contract- Street Sweeping Services 5 8/1/03 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER: Ttis writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES: The City requires that services provided pursuant to this agreement shall be provided to the City by a Contractor that does not represent clients on matters contrary to City interests. Further, Contractor shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests. Should the Contractor represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Contractor shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the Contractor shall have 10 days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (b - iii) of this agreement. 12. TERMINATION WITHOUT CAUSE: At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Contractor. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered to the date of termination. 13. TERMINATION WITH CAUSE: a. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions: i. If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services, This Agreement may be modified to accommodate a reduction in funds i ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. r iii. If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. iv. If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Personal Service Contract - Street Sweeping Services 6 8/1/03 Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. b. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: i. If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof, or ii. If Contractor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. iii. If Contractor fails to eliminate a conflict as described in Section 1 I of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Contractor bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS: City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 15. FORCE MAJEURE: Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties L so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate ~ such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its J obligation under the Agreement. a 0 16. NON-WAIVER: The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. Personal Service Contract - Street Sweeping Services 7 8/1/03 17.. NON-DISCRIMINATION: Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS: Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA (CHANGES) WORK: Only the City Administrator or designee may authorize extra (and/or change) work. Failure of Contractor to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Contractor thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES: All work shall be guaranteed by Contractor for a period of one year after the date of final acceptance of the work by the owner. Contractor warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES: In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. GOVERNING LAW: The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 23. COMPLIANCE WITH APPLICABLE LAW: D Contractor shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.322. 24. CONFLICT BETWEEN TERMS: i It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. Personal Service Contract - Street Sweeping Services 8 8/l/U3 25. AUDIT: Contractor shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Contractor agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 26. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 27. COMPLETE AGREEMENT: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. City Of Tigard By: Bill Monahan, City Manager Date Contractor By: Contractor's Name Date L C D 3 0 a Personal Service Contract - Street Sweeping Services 9 8/1/43 EXHIBIT "A" SERVICES TO BE PROVIDED "A" - City Streets to be Swept "B" - Scheduled Street Sweeps "C" - Noise Ordinance L r D D J J Personal Service Contract - Street Sweeping Services 10 8/1/03 AGENDA ITEM # 3 , 5 FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Ri hts-of-Wa Dedication on Hall Boulevard Jam/ PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should City Council approve the dedication of a portion of the Library property along the Hall Boulevard frontage to the Oregon Department of Transportation as rights-of-way to allow for the widening of Hall Boulevard and to meet the conditions of approval for the new Tigard Library? RECOMMENDATION Staff recommends that City Council approve the dedication of a portion of the Library property along the Hall Boulevard frontage to the Oregon Department of Transportation as required by the conditions of approval for the New Library Project and authorize the City Manager to sign the documents. INFORMATION SUMMARY The conditions of approval for the construction of the new library include widening of Hall Boulevard on the east side and dedication of rights-of-way on Hall Boulevard along the library frontage. The improvements to Hall Boulevard have been incorporated into a City project, which has been awarded for construction this summer and fall. The dedication documents have been prepared, have been reviewed by the Oregon Department of Transportation, and have been returned for signature. Council approval of the dedication and authorization for the City Manager to sign the documents would enable the Library Project construction and the Hall Boulevard improvements to proceed in a timely manner. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY r The improvements to Hall Boulevard meet the Tigard Beyond Tomorrow goal of Improve Trajjic Flow. The widening of Hall Boulevard provides an additional lane to allow for turning movements while permitting traffic flow to continue on the travel lanes. ATTACHMENT LIST Rights-of-Way Dedication Documents FISCAL NOTES The Hall Boulevard improvements include funding from the Library Project, from the Fanno Pointe Development Project, and from City Traffic Impact Fee funds. 1:\Eng\Gus\Council Agenda SummarieARights-of-Way Dedication on Hall Boulevard.doc L J D a u a t,V File 6007307 DONATION DEED CITY OF TIGARD, an Oregon municipal corporation, Grantor, for no monetary consideration does convey unto the STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, Grantee, fee title to the property described on Exhibit "A" attached hereto and by this reference made a part hereof. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. It is understood and agreed that the delivery of this document is hereby tendered and that terms and obligations hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and approved by the recording of this document. a RETURN TO AND TAX STATEMENT TO Account No.: OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION Property Address: 355 CAPITOL STREET NE, ROOM 420 SALEM OR 97301-3871 _J m W J 7/08/03 Pagel of 2 - DD /cew • 1 File 6007307 In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. Dated this day of .20 CITY OF TIGARD, an Oregon municipal corporation By President By Secretary STATE OF OREGON, County of Dated 20 Personally appeared and who, being swom, stated that they are the President and Secretary of the City of Tigard, an Oregon municipal corporation, and that this instrument was voluntarily signed on behalf of the corporation by authority of its Board of Directors. Before me: Notary Public for Oregon My Commission expires Accepted on behalf of the Oregon Department of Transportation C i 1 d:!7782shar/acquislshelVregion l /9007307DonD i 7!08/03 Page 2of2-DD /Caw EXHIBIT A LEGAL DESCRIPTION S.W. HALL BLVD. RIGHT-OF-WAY DEDICATION A strip of land, 20.00 feet in width, located within the boundaries of that land described in Washington County Recorders Document Number 2002-136823, said strip of land situated in the southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, State of Oregon, said 20.00 foot strip of land is more particularly described as follows: Beginning at a 5/8 inch iron rod with yellow plastic inscribed DEHAAS ASSOC. INC. monumenting the Southeast corner of Lot 1 EDGEWOOD, a subdivision recorded in Washington County Plat Book 2, Page 73; thence North 87°39'27" West 846.71 feet to the TRUE POINT OF BEGINNING marked by a 5/8 inch iron rod with yellow plastic cap inscribed" DE HAAS ASSOC. INC" set by survey number 29031, Washington County Surveyors records, at a point on the easterly right-of-way of S. W. Hall Boulevard (C.R. A-130), said right-of-way is established easterly in direction, a perpendicular distance of 30.00 feet from the monumented centerline of said boulevard, said right-of- way point is at the intersection with the southerly boundary line of that tract of land identified as "Parcel 11" described in Statutory Warranty Deed recorded in Document 2002-136823 of Washington County Recorders records; thence North 00°19'56" East, coincident with said easterly right-of- way, 340.85 feet to an angle point; thence continuing along said easterly right-of-way, North 01'43'11 " East 942.49 feet to a point on the northerly boundary line of that tract of land identified as "Parcel 111" in aforementioned Washington County Recorders Document 2002-136823; thence South 46°19'05" East, coincident with said northerly boundary line, 26.90 feet to a point situated easterly in direction, a perpendicular distance of 20.00 feet from the above described easterly right-of-way of S.W. Hall Boulevard; thence South 01043' 11" West, parallel with the easterly line of said right-of Way, 924.27 feet to an angle point; thence South 00° 19'56" West, parallel with a portion of aforementioned easterly right-of way, 341.31 feet to the southerly boundary line of aforementioned "Parcel 11"; thence North 87°39'27" West, along said boundary line, 20.01 feet to the TRUE POINT OF BEGINNING and containing 25,489 square feet of land (0.58 acres), more or less, Ex ices 92131104 REGISTERED J PROFESSIONAL m LAND SURVEYOR OREGON AUGUST 22,1975 ROGER W. MORELAND EXHIBIT TO ACCOMPANY DESCRIPTION Located in the SE 1/4 of Section 2, Township 2 South, Range 1 West, r Willamette Meridian, City of Tigard, 40• --s 46°lsos' E - 26.90 Washington County, Oregon 'yo June 3, 2003 I 0 3v ~o G Expires 12131104 IR, REGISTERED PROFESSIONAL LAND SURVEYOR (n IQ N oW~~ OREGON N AUGUST 22, 1975 N 3 3 ROGER W. MORELAND Q 033 ~ry'^ o~o~ juI LEGEND SN SURVEY NUMBER, WASHINGTON Lai COUNTY SURVEY RECORDS Q X g DOC. DOCUMENT m ! o c~ R/W R/GHT-OF--WAY V 2 C.R. COUNTY ROAD Q POB PO/NT OF BEGINNING 7P08 TRUE PO/NT OF BEGINNING s FOUND 5/8' lR/YPC MARKED PLAN "Oe%/AAS ASSOC. /NC. , SN 29031, 0 N. T.S. NOT TO SCALE SW OVA N.T.S. S7Rn7 L~,? 567 h ~ S 87"4014°E 0 Q 'Pony/ 1 ~ Document Number r" 20102-136823 1 I W3 (j o Document Number 0' 2 0 20102-136823 I p h o SOUTHERLY LINE OF 7W TR4CT DBHAAS ASSOC„ INC ~ N D~CR/BED IN DOCUMENT 2002-13682, SWF J00 - AaC. CENTER N 87"39271 W 846.71 0450 &W. GAIb SWE CIRCLE ZZ~, J7070 SOWN L/NE LOT i _ EDGE1yOO0 20.01 F 770ARD eV 87'39 27' W SE CORNER LOT 1 £DGEW000 PER SN 29031 02.644.118 File 6007307 DONATION DEED CITY OF TIGARD, an Oregon municipal corporation, Grantor, for no monetary consideration does convey unto the STATE OF OREGON, by and through Its DEPARTMENT OF TRANSPORTATION, Grantee, fee title to the property described on Exhibit "A" attached hereto and by this reference made a part hereof. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. It is understood and agreed that the delivery of this document is hereby tendered and that terms and obligations hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and approved by the recording of this document. RETURN TO AND TAX STATEMENT TO Account No.: L OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION Property Address: 355 CAPITOL STREET NE, ROOM 420 SALEM OR 97301-3871 i i s 7/08/03 Page 1 of 2 - DD /cew r File 6007307 In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. Dated this day of .20 CITY OF TIGARD, an Oregon municipal corporation By President By Secretary STATE OF OREGON, County of Dated 20 Personally appeared and who, being sworn, stated that they are the President and Secretary of the City of Tigard, an Oregon municipal corporation, and that this instrument was voluntarily signed on behalf of the corporation by authority of its Board of Directors. Before me: Notary Public for Oregon My Commission expires Accepted on behalf of the Oregon Department of Transportation L J D d:17782sher/acqulslshalVregion l /6007307DonD J 7/08/03 Page 2 of 2 - DD /cew EXHIBIT A LEGAL DESCRIPTION ' S.W. HALL BLVD. RIGHT-OF-WAY DEDICATION A strip of land, 20.00 feet in width, located within the boundaries of that land described in Washington County Recorders Document Number 2002-136823, said strip of land situated in the southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, State of Oregon, said 20.00 foot strip of land is more particularly described as follows: Beginning at a 5/8 inch iron rod with yellow plastic inscribed DEHAAS ASSOC. INC. monumenting the Southeast corner of Lot 1 EDGEWOOD, a subdivision recorded in Washington County Plat Book 2, Page 73; thence North 87°39'27" West 846.71 feet to the TRUE POINT OF BEGINNING marked by a 5/8 inch iron rod with yellow plastic cap inscribed" DE HAAS ASSOC. INC" set by survey number 29031, Washington County Surveyors records, at a point on the easterly right-of-way of S.W. Hall Boulevard (C.R. A-130), said right-of-way is established easterly in direction, a perpendicular distance of 30.00 feet from the monumented centerline of said boulevard, said right-of- way point is at the intersection with the southerly boundary line of that tract of land identified as "Parcel 11" described in Statutory Warranty Deed recorded in Document 2002-136823 of Washington County Recorders records; thence North 00°19'56" East, coincident with said easterly right-of- way, 340.85 feet to an angle point; thence continuing along said easterly right-of-way, North 01°43' 11" East 942.49 feet to a point on the northerly boundary line of that tract of land identified as "Parcel 111" in aforementioned Washington County Recorders Document 2002-136823; thence South 46°19'05" East, coincident with said northerly boundary line, 26.90 feet to a point situated easterly in direction, a perpendicular distance of 20.00 feet from the above described easterly right-of-way of S.W. Hall Boulevard; thence South 01°43' 11" West, parallel with the easterly line of said right-of Way, 924.27 feet to an angle point; thence South 00° 19'56" West, parallel with a portion of aforementioned easterly right-of way, 341.31 feet to the southerly boundary line of aforementioned "Parcel 11"; thence North 87°39'27" West, along said boundary line, 20.01 feet to the TRUE POINT OF L BEGINNING and containing 25, 489 square feet of land (0.58 acres), more or less, oC v~i Ex Tres 12/31/04 REGISTERED J PROFESSIONAL m LAND SURVEYOR 121 J OREGON AUGUST 22,1975 ROGER W. MORELAND s. • EXNIBI T TO ACCOMPANY DESCRIPTION Located in the SE 1/4 of Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, 40• S 46°1905' E - 26.90 Washington County, Oregon ti June 3, 2003~F ~ G O j~ d ~O F'y~y ~y Expires 12 31 04 REGISTERED PROFESSIONAL LAND SURVEYOR s NO N N a~a OREGON AUGUST 22, 1975 3 o Z ROGER W. MORELAND q~ W 3 1033 OoO~ V A 3WWo ~ C-Z r: LEGEND o , v, Q o o SN SURVEY NUMBER, WASHINGTON § N COUNTY SURVEY RECORDS ?AS DOC. DOCUMENT m R/W R/GHT--OF-WAY o v = V C.R. COUNTY ROAD POB PO/NT OF BEGINNING •7PO6 TRUE PO/NT OF BEGINNING ~L 0 FOUND 518" /R/YPC MARKED OeHAAS ASSOC. INC., SN 29031, 0 N. T.S. N.T.S. NOT TO SCALE SW OMM MaT c.R. 567 h { fl S 87°4074" E Dbcament Number { ?0102-136823 I W at_ 1 ~Q~j• b o Dbcumeat Number .TO, O o 86102-136823 2y SOUMERLY b1 { N rDESCR/BED INNUM N 20 ,Z 13682, DSHAAS 4* ASSOC; INC / N 87.39'2r W 846 71 SW E 300 - A = CE7V1aP _ 04M SW. b10N/MME CH" 7070 SOUTH UNE AYME' , 082-2450 LOT 1 20.01 EOGEN?700 PYwoNve for. TPCO N 87°392r W CITY OF TIOARD S FOB NER LOT 1 £OGEW000 axFas-~wa~xawc PER SN 29031 02.644.118 AGENDA ITEM FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion with State Senator Ginny Burdick and State Representative Max Williams PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ~4 ISSUE BEFORE THE COUNCIL A discussion with State Senator Ginny Burdick and State Representative Max Williams on issues of interest to Council. STAFF RECOMMENDATION Identify issues of interest or concern for Senator Burdick and Representative Williams. INFORMATION SUMMARY The Legislative Assembly convened on January 13, 2003. As long as the Assembly is in session, Senator Burdick and Representative Williams will meet with Council on the 4`h Tuesday of each month during the Council business meeting to update Council on legislative activities. A memo from staff summarizing legislative issues of interest will be distributed with the Council mail on Friday, July 18. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Communication Goal #1, Action Committee Strategy: "Encourage public participation through accessibility and education." i FISCAL NOTES i i None. AGENDA ITEM # _ FOR AGENDA OF July 22. 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appeal of the Planning Commission's approval of Bretton Woods Planned Development Subdivision (SUB2003-000Oi/PDR2003-00001/ZON2003-OOOO1NAR2003-00006/VAR2003- 00007 PREPARED BY: Dick Bewersdorff DEPT HEAD OK IF) f-6 CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council uphold or reverse the Planning Commission's approval of the Bretton Woods Subdivision? STAFF RECOMMENDATION Uphold the Planning Commission's approval of the Bretton Woods Subdivision. INFORMATION SUMMARY On July 8, 2003, the City Council opened a public hearing on the appeal of the Planning Commission's approval of the Bretton Woods Subdivision. The hearing was continued until July 22, 2003 to allow for completion of testimony and the record. The following is a summary of actions prior to the appeal hearing. On May 5, 2003 the Planning Commission opened a public hearing on the Bretton Woods Subdivision. The hearing was continued to May 19, 2003 to allow proponents and opponents to submit additional material. Bretton Woods is a 10 lot subdivision and planned development located at 16455 SW 108`h Avenue on 2.34 acres. The planned development approach is being used to allow for reduced lot sizes and design of a private street in order to save natural resources and trees. The proposal will provide for single-family detached housing on lots ranging between 5,500 and 6,879 square feet. Lyle Miller and Bethanne Kronick filed an appeal of the approval on June 11, 2003. Their stated grounds for appeal were "Issues raised during the hearings related to tree safety" and "Issues related to run off water caused by development that will run through Ken Patton's property. Mr. Patton's property adjoins and he received notice." Mr. Patton did not sign the appeal. No other information or grounds for the appeal were provided. In Exhibit A to Attachment 5, the Planning Commission imposed Conditions 8-13 to address concerns that staff and the Planning Commission had with regard to tree safety and water run off. i The Planning Commission unanimously approved the subdivision based on the applicant's submittals, testimony, and the staff report. The Commission reviewed testimony at the hearing by the applicant's two arborists and the City Forester. The Commission also reviewed drainage concerns based on applicant testimony, the staff report, and statements from the City's Development Review Engineer. OTHER ALTERNATIVES CONSIDERED Deny or add additional conditions to the subdivision/planned development based on factual information provided. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Management Goal #1: Accommodate growth while protecting the character and livability of new and established areas. ATTACHMENT LIST The following is a list of attachments provided with the July 8, 2003 packet, which are attached. 1. "Draft" City Council Resolution Exhibit A: Planning Commission Final Order No. 2003-01 PC 2. Memorandum from Brad 101by dated June 17, 2003 summarizing the appeal issues 3. Copy of the appeal submitted by Lyle Miller and Bethanne Kronick 4. Minutes of the May 5, 2003 Planning Commission hearing Exhibit A: Staff Report to the Planning Commission 5. "Draft" Minutes of the May 19, 2003 Planning Commission hearing 6. The applicant's application materials. Also attached is an excerpt of the Council meeting recap summarizing the hearing process of July 8. 7. July 8, 2003, Council Meeting Recap Excerpt Copies of written testimony and exhibits presented at the July 8, 2003, hearing can be viewed by contacting Associate Planner Brad Kilby at 503-639-4171. FISCAL NOTES Application fees and appeal fees have been paid. I:WDM%PACKET'03\200307221BRETTON WOODS APPEAL AIS.DOC L J 0 u a Note: Attachments to the Bretton Woods Appeal Hearing Item can be found in the July 8, 2003, Council meeting packet. Written testimony and copies of exhibits presented at the July 8, 2003, meeting can be obtained by contacting Associate Planner Brad Kilby, 503-639-4171. CL at r N _J 0 W J ATTACHMENT 7 d1~~ of T10 Council Meeting Recap Meeting of 07708/03 (excerpt - Bretton Woods) Date Released:".July 11,`2003 Number 0027 7. QUASI-JUDICIAL PUBLIC HEAR- The public hearing was opened. The staff ING - CONSIDER THE APPEAL OF report was presented by Associate Planner THE BRETTON WOODS SUB- Brad Kilby. Appellants and proponents of DIVISION (SUB2003- the appeal testified, noting concerns about 00001 /PDR200300001 / safety to life and property if the large trees VAR2003-00006/VAR2003- on the property are damaged; the second 00007) item appealed related to water run off caused by development that will run ITEM ON APPEAL: On May 28, 2003, through an adjacent property. City Forester the Planning Commission approved a Matt Stine presented his concerns for the request for a 10-lot Subdivision and adequate protection of the trees relating to Planned Development on 2.34 acres. The lots are to be developed with detached safety. Rebuttal comments were received single-family homes. Lot sizes within the from the applicant and the applicant's development are between 5,500 and arborist, citing their tree protection plan. 6,879 square feet. The applicant also Counsel for the appellants also offered requested approval for an Adjustment to rebuttal testimony arguing that the tree the 200-foot cul-de-sac length standard, and an Adjustment to the street protection zone was not adequate. improvement requirements of the Tigard Development Code Chapter 18.810. The The hearing was continued to July 22, with Adjustment would allow the applicant to it being anticipated the Council would construct a curb-tight sidewalk as opposed consider its final order on August 12. to a sidewalk separated by a planter strip along SW 1081" Avenue. On June 11, Applicants agreed to extend the deadline r 2003 an appeal was filed pertaining to for the "120-Day Rule" to August 13, issues raised related to tree safety and 2003. water run-off through adjacent property caused by the development. LOCATION: 16455 SW 108d' Avenue, WCTM 2S115AA, Tax Lots 1301 and 1400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.790 and 18.810.100. Council Meeting Follow-Up Meeting of July 8, 2003 - Page 1 ATTACHMENT 2 Hearing Date: July 22.2003 7:30 PM STAFF REPORT TO THE CITY COUNCIL CITY OFTIGARD FOR THE CITY OF TIGARD, OREGON Communityoeve(opment Sfia fl Better Community SECTION I. APPLICATION SUMMARY FILE NAME: BRETTON WOODS ANNEXATION CASE NO.: Zone Change Annexation (ZCA) ZCA2003-00001 APPLICANT: Alpha Engineering, Inc. OWNER: Walter Lissy Family Trust Attn: Matt Sprague 16455 SW 108' Avenue 9600 SW Oak Street, Suite 230 Tigard, OR 97223 Portland, OR 97223 PROPOSAL: To annex 1 parcel consisting of approximately 2.34 acres of land into the City of Tigard. CURRENT ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. EQUIVALENT CITY ZONING DESIGNATION: R-4.5: Low Density Residential. The R4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units, at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 16455 SW 108' Avenue; WCTM 2S115AA, Tax Lot 1400. e APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; N Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and ORS Chapter 222. J SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed Annexation will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the Annexation by adoption of the attached Ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF4 ZCA2003-00MI - BRETTON WOODS SUBDIVISION ANNEXATION 7/2212002 PUBLIC HEARING SECTION 111. BACKGROUND INFORMATION Site information and proposal description: The property is currently developed with a single-family residence. The site was also a previous Christmas tree farm. The applicant has obtained preliminary approval for a 10-lot subdivision and Planned Development named Bretton Woods on the subject site from the Planning Commission. At the time this report was written, the application was under appeal. The site is located at 16455 SW 108`h Ave. The site is surrounded by single-family housing. There is an existing single-family home and several small outbuildings located on the property. All structures will be demolished and removed to accommodate the layout of the new proposed subdivision. The proposal is to annex approximately 2.34 acres of land into the City of Tigard with an assessed value of $240,210. Vicinity Information: The area to be annexed consists of 2.34 acres. The existing city boundary runs along the north, east, and south property lines. The subject property and the properties to the west are outside the Tigard city limits. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and; Tigard Community Development Code Chapter 18.320. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program. The West CIT and surrounding property owners have been notified of the public hearing and notice of the hearing was published in a newspaper of general circulation (Tigard Times) on July 3rd and July 10"' of 2003. The site has also been posted since June 4, 2003. There have been a number of opportunities for citizens to be involved in the decision making process. Policv 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels. The City of Tigard Police, Engineering, Public Works and Water Department, Metro Area Communications, NW Natural Gas, AT&T Cable, Tri-Met, PGE, Verizon, Qwest, Comcast ! Cable, the Beaverton School District, the Tigard Tualatin School District, Tualatin Valley Water District, and the Tualatin Valley Fire and Rescue have all reviewed the annexation request and have offered no objections or indicated that there would be a lack of service capacity for this proposal. This policy has been complied with. Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is adjacent to the Tigard city limits on the north, east and south boundaries, and is eliminating one lot that is currently a pocket of unincorporated Washington County surrounded by the city limits. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF4 ZCA2003-00001 - BRETTON WOODS SUBDIVISION ANNEXATION 7=2002 PUBLIC HEARING Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.320.020: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. The property is currently zoned R4.5. Because this property is in the Urban Services Area, the equivalent zoning has already been attached to the property, therefore, the property does not need to be rezoned upon annexation. Metro 3.09 requires the additional standards to be addressed in annexation decisions, in addition to the local and state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and Comprehensive Plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has been discussed previously in this report and, as discussed, this criterion is satisfied. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plans; Because the Development Code has been amended to comply with applicable Metro Functional Plan requirements, by complying with the Development Code and Comprehensive Plan, the annexation is consistent with the applicable Functional Plan and the Regional Framework Plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is adjacent to existing city limits and services. Many services have been extended to that area as a result of prior development. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF4 ZCA2003-00001 - BRETTON WOODS SUBDIVISION ANNEXATION 7122/2002 PUBLIC HEARING If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the boundary change in question under state and local law. The Oregon Dept. of Revenue, and the Washington County Cartographers office have both verified boundary dimensions, and consistency with other applicable criteria has been discussed previously in this report. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Building, Police Department, Tualatin Valley Fire and Rescue, Public Works, and Water Department have all reviewed this proposal and have offered no objections to annexation. SECTION VI. AGENCY COMMENTS Metro Area Communications, NW Natural Gas, AT&T Cable, Tri-Met, PGE, Verizon, Qwest, Comcast Cable, the Beaverton School District, the Tigard Tualatin School District, Tualatin Valley Water District, and the Tualatin Valley Fire and Rescue have all reviewed the annexation request and have offered no objections or indicated that there would be a lack of service capacity for this proposal. BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2003-00001 - BRETTON WOODS SUBDIVISION ANNEXATION. c July 2, 2003 PREPARED BY: Brad Kilby DATE Associate Planner 'r i F ek July 2. 2003 APPROVED BY: Richard Bewers DATE Planning Mana r STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF4 ZCA2003.00001 - BRETTON WOODS SUBDIVISION ANNEXATION 7/22/2002 PUBLIC HEARING AGENDA ITEM No. 5 Date: July 22, 2003 PUBLIC: HEARING (QUASI-] U DICIAL) CONTINUED FROM 7/8/03 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: APPEAL OF THE BRETTON WOODS SUBDIVISION SUB2003-00001 PDR2003-00001 ZON2003-00001 L VAR2003-00006 VAR2003-00007 0 Due to Time Constraints J City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: July 22, 2003 PLEASE PRINT Pro onent- (Speaking In Favor Opponent - (Speaking Against) Neutral & Pfitfne Alp. Name, Address & Phone No. Name, Address & Phone No. # S C- \ MMZk ftD ~2 , 2-31 Zg7q, IA&X- a ~C( b44 1)-3 y %V^\ So). fyo. 'r ~G Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 16491 sw tos+`, -I-,c,a2O o(L g722~" (~cr<';ltiwti Wz G~"'12,'z3 $v 3- ►~K2-8oo3 Name, Address &IIPhone No. Name, Address & Phone No. Name, Address & Phone No. 5-g3Z 50 ~ L S) 16d __j f Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. giros k~'~f' Name ddress & Phone o. Name, Address & Phone No. Name, Address & Phone No. (olgt,50 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. w J ~ ~ cast. BRETTON WOODS STORMWATER DOWNSTREAM ANALYSIS JOB # 32"14 DATE: 7/22/03 BY: EMILY THACKERY L Grimm 17 IeL V J PPlaza West • Suite 230 •9600 SW Oak • Portland, Oregon 97223 Office 503-452-8003 • Fax 503-452-8043 •w'%'v.alpha-eng.com I DOWNSTREAM ANALYSIS This report represents the downstream analysis done for Bretton Woods. The water surface elevation was determined in the channel downstream of the site and in the pond that is approximately 600-ft from the discharge location of the proposed swale on site. The water surface calculated was for the 25-yr storm event. The stormwater runoff leaving the site discharges into an existing 24" culvert. The 24" culvert has a 5.4% slope and is 25.8-ft in length. The 25-yr flowrate with the site developed is 1.9-cfs compared to 0.8-cfs in the existing condition. The 24" culvert is running at approximately 3% of its capacity. There is no backup within the 24" culvert due to the development of the site. The runoff then flows through a drainage channel that contains various obstructions that impedes the flow. The first obstruction is a weir located within the channel. The length of the crest of the weir is approximately 6.5-ft. The weir is approximately 0.6-ft in height. The weir has a notch located in the top that is approximately 0.1-ft tall by 1.5-ft wide. When analyzing just the notch in the weir to see if it was adequate to convey the 25-yr flow, it was determined that the water surface would be 0.6-ft above the notch. This water surface height is higher then the height of the notch, therefore the larger weir was analyzed to determine the water depth above it. To be conservative, the entire developed 25-yr flowrate was used to determine the height of the water above the weir assuming nothing was discharging through the notch in the weir. In this scenario the water surface elevation raised to 0.2-ft above the weir. The depth of the channel is approximately 5-ft and the weir is located in the bottom of the channel. The water surface at the weir would be the height of the weir plus 0.2-ft, a total of 0.8-ft above the bottom of the channel. The depth of flow is insignificant and has no impact on the surrounding area. The next obstruction within the channel is a dam with a 10" PVC culvert located at the bottom of the channel. The culvert is used to convey the runoff and prevent water from overtopping the dam..in the existing condition the culvert is filled with silt and not working as it was designed for. To be conservative, the water surface was calculated assuming the pipe was to remain plugged and the water rose above the dam. With the 25-yr developed flow, the water surface would be 0.1-ft above the top of the dam. The dam is 20-ft wide and buries the 10" pipe; the height of the dam is approximately 1-ft. The water surface elevation would be approximately 1.1-ft from the bottom of the channel. The depth of flow is well below `he top of the bank and Z has no impact on the surrounding area. r n The runoff then flows into a wet pond located approximately 600-ft downstream of the discharge point on site. There are two weirs located within the pond at the same height. One weir is 2-ft wide by 1.15-ft tall, this weir currently has a flashboard installed that can be removed. The flashboard is approximately 6-inches tall. The second weir is 3.7-ft wide by 1.15-ft tall. To be conservative, the second weir was analyzed to determine the water surface elevation assuming the first weir would remain blocked by the flashboard. In this scenario, the water surface reached 0.3-ft above the weir. At this height, the water would never overtop the first weir if the flashboard were to remain in place. If the flashboard were to be removed then the water surface would be lower than 0.3-ft. No area downstream of the site is affected by the release of the 25-yr 2 developed flowrate from the site. No detention on site is required. The channel previously handled a much larger shed area that has been redirected. The proposed site is 2% of the entire shed area that previously flowed through the channel before the surrounding area was developed. The shed area that previously flowed through the channel was 109-ac, the Bretton Woods site is 2.3-ac. C i t~ a 3 ~GV..~ff..11 i 0 5 Mir SANTA BARBARA URBAN HYDROGRAPHS JOB: 328-014 PROJECT: BRETTON WOODS FILE: N:/PROD/328-014/HYDRO/32814HYD.XLS DESIGN DURATION PRECIP AREA % AREA CN AREA CN TIME O STORM TOTAL IMP PERV. PER. IMP. IMP. (MIN) (CFS) DESCRIPTION (YR) (HR) (IN) (AC) (AC) (AC) PREDEVELOPED 2-YEAR PEAK DISCHARGE 2 24 2.5 2.34 6.55 2.19 77.67 0.15 98 23.94 0.29 DEVELOPED 2-YEAR PEAK DISCHARGE 2 24 2.5 2.34 44,44 1.30 87.33 1.04 98 7.48 1.05 PREDEVELOPED 10-YEAR PEAK DISCHARGE 10 24 3.5 2.34 6.55 2.19 77.67 0.15 98 23.94 0.63 DEVELOPED 10-YEAR PEAK DISCHARGE 10 24 3.5 2.34 44.44 1.30 87.33 1.04 98 7.48 1,63 PREDEVELOPED 25-YEAR PEAK DISCHARGE 25 24 4 2.34 6.55 2.19 77.67 0.15 98 23.94 0.83 DEVELOPED 25-YEAR PEAK DISCHARGE 25 24 4 2.34 44.44 1.30 87.33 1.04 98 7.48 1.92 32814HYD.xisSBUH 7/22/20035:22 PM S g..5•} ObS~-~vc.~-i o~ ~n c..~wn~.~ Q.- 3.33 o•2~~h312 .Qfn O.S~ u ~cA ~R Wur Wv~c~c- v c ~--k U- ~ XX = 3,33 L1~3/z 3 1.°12 = 3.33 • 5~ fin, la 0. b~q 1~3 IZ L l" = .2 1 p.D%~k= wo 0~oogtr Wt% < PROJECT: JOB#: 32vo -ID "t CLIENT: DESIGNER:_ ± DATE: 12Z~ b PAGE#: I AEI ♦ Plaza West, Suite 230 ♦ 9600 SW Oak ♦ Portland, Oregon 97223 ♦ tel. 503.452.8003 A fax. 503.452.8043 D (1 p 3,33 Lti,31Z t~~Z x.33 2b)ir`31z ~3 I L U S = 0.OZ°l 0.1\31 3 own ; S `0 x6 mo - oJ~, -~vc m b oAbm vac ~,,nv~. 4T t? C'Alt-o Yy-, 11 J\- L "r n i AA PROJECT: 1~C Q. ~00 k ) CLIENT: JOBM DESIGNER: DATE: PAGEM A.EI ♦ Plaza West, Suite 230 ♦ 9600 SW Oak • Portland, Oregon 97223 ♦ tel. 503.452.8003 ♦ fax. 503.452.8043 • a. w~cs ~ ~ 4 TIOSI'~'D7X- tpw ~ ~',5 r ~ UJuuS ins axvo~r►v~ :.~ss~~~ ~,¢~~IC.oS.`ooq~we~r Zj Sri o,Sllboo,,c ~ n v.~e~ c 1 W\,O , r\ k 1. 76 W o,~- S J c r 2,0..C~R-S 4~. ~i o;~ ~ •3 - b.JU Dv ~ 6\ vo-Xvj) 0 0'X W t~ c t, ms, -~o.5kbo N-,r K w o.4 4,6 b L cumv.1 a, L r a PROJECT: CLIENT: JOBM DESIGNER: X7 DATE: -11 ~ g (D PAGE#: AEI ♦ Plaza West, Suite 230 A 9600 SW Oak ♦ Portland, Oregon 97223 ♦ tel. 503.452.8003 ♦ fax. 503.452.8043 I; " 164 HYDRAULICS THE FLOP Contraction E,f'ects.-In the "channel of approach" upstream ° from the weir all the water moves forward, not only that above the level of the crest of the weir but also that below the crest • level. The forward velocity of the water below the crest level is o e ° changed to an upward flow owing to the barrier interposed by the j upstream face of the weir. The kinetic energy of this water ° I flowing upwards toward the crest along the upstream face of the ° weir causes the lower profile of the overfalling sheet of water ° ti actually to rise as it passes over the crest, if free to do so. ° Figure 97, drawn to scale, shows the shape of the profiles of , the upper and lower water surfaces for flow over a standard - - vertical sharp-crest weir. At a point vertically above the weir ° ° 9 2h h 0 h h ° v j r r v H ( J. _ LL- c it f- 11 T V. 1~,L.11_L1'J-1J }J_LJJ I_L1J 1_:_1- (j L-==-- ° " 1il ' L .a. Weir crest' r " G' - ° y - L J_ ut . FI ' FAG. 97. ro? _ _CV crest, the upper surface has fallen 0.15h from the upstream water: a s level and is 0.85h above the crest level. The lower surf ace rises to z 0.11h at about 0.25h downstream from the crest, and is back - ° - ° down to the crest level at 0.67h downstream from the crest._ Where the falling sheet of water crosses the crest level, its thick- PP ness is about 0.43h. C Experimental measurements show that the discharge over - ° _ t such a vertical weir with the crest edge square and sharp and without end contractions, is about 0.62 times the ideal theoretical value of Eq. (48), or Q = 0.62LhY3V2gh, or Q 33.33LhN foot-second units), (49) which last form is commonly called the Francis formula. This is taken from Bazin's experiments reported in Ann. ponts et chaus- ° s4es, October, 1888, and translated in Proc. Eng. Club of Philadelphia, July, - ° 1892. These curves have been verified for heads up to 7.5 ft. on weirs up to 10 ft. high by unpublished experiments made at Cornell University. i .j I I. THE FLOW OF WATER OVER WEIRS 167 The quantitative effects of some of these modifying influences will now be discussed. a 86. End Contractions.-For a rectangular notch, cut in "thin plate," or with its ends, as well as the bottom, square-edged l (Fig. 95), experiments show that the discharge is reduced as though the length width of notch) were diminished by 0.1h for each end contraction, i.e., the issuing sheet of water is that muchE less than the width of the notch due to the throttling effect of water flowing in from the sides. Hence, t Q = 3.33 (L - =0,2h)M~ (50) as the modified Francis formula for a rectangular weir notch with two end contractions in addition to the bottom contraction of the overfalling sheet of water.' 87. Velocity of Approach.-Strictly speaking, the head on each of the imaginary elemental horizontal slits (page 162) is the sum of the pressure head and the velocity head. Whenever the latter is large enough to modify the pressure head sensibly, it should be taken into account. The Francis formula for a weir without end contractions may be modified for these case? involv- ing more than a negligible kinetic energy (velocity head) in the approaching water so as to read: Q = 3.33Lt h + a292) ~ (51) where V is the mean velocity in the whole stream approaching the weir. 4 The value of a is often taken as 1.5, although it rangesfrom less than 1.00 to more than 2.00 for different cases, depending on the distribution of velocities in the channel of approach at the section where the head is measured. (See page 171.) The velocity conditions in the channel depend on many factors but usually are fairly stable for any particular weir or dam, sub- ~t stantially recurring with the same head. However, unless' the controlling influences are the same for different weirs,,. conditions may range from high velocities near the bottom, Y` . uniform distribution from surface to bottom, or high velocities ' Equation (50) is not to be used unless L is greater than 2h. For narrower and deeper rectangular notches, see Par. 91, p. 175. t.. Y r~~-t a A -o3 MEMORANDUM To: Tigard City Council From: Matthew L. Sprague Applicant's Representative Date: July 22, 2003 Re: Bretton Woods Subdivision Response to City of Tigard Code items listed by the appellant's This memorandum specifically responds the code and comprehensive plan sections that were listed by the appellants including code sections 18.745.030.E and 18.790.030.B. 2 & 4. & Comprehensive Plan Policy purpose statement and Section 3.4.2. It is their contention that the applicant has not demonstrated compliance with the review criteria. The applicant is however in complete compliance as demonstrated below. Comprehensive Plan Purpose excerpt by appellant: The purpose of the plan is to maintain and improve the existing quality of life for residents by: • Prohibiting development which would cause a diminution in the existing quality of life for the residents of Tigard; • Protecting individuals from the negative impact of developing land which has natural hazards and is subject to natural disasters; • Providing for the retention of natural and cultural resources which contribute to the livability of the community. RESPONSE: The Bretton Woods project has been designed in a manner that will not cause a dimunation to the existing quality of life for the residents of Tigard, protects them from natural hazards and retains natural resources. The argument from the neighbor's centers around the trees on the site and whether they will be at risk from the trees on the north property line after development occurs. The applicant has developed a thorough tree preservation plan providing for the retention of natural features including the trees on the north property line. Within the record are numerous documents and letters from the project arborist and the independent arborist hired to review the plan and the City r Foresters comments. These documents provide a detailed plan to ensure preservation of the trees along the north property line. Therefore the appellant's argument regarding a diminution of existing quality of life for the resident's of Tigard is not valid. D Section 3.4.2 Implementation Strategies `ragraph 4 Where there exist large or unique stands of trees or major vegetation areas within the i planning area on undeveloped land, the City shall ensure that development proposals do not substantially alter the character of the vegetation areas through the Planned Development Process and the Tree Cutting section of the Community Development Code. RESPONSE: The applicant is doing exactly as this paragraph requires. They are utilizing the Planned Development Process and the Tree Cutting section of the Community Development Code to preserve the most highly valued natural resources including the trees. The applicant is preserving nearly 80% of the trees greater than 12- inches in diameter primarily within open space tracts but in addition some are preserved on the lots. Section 18.745.030.E Existing vegetation on a site shall be protected as much as possible: The developer shall provide methods for the protection of existing vegetation to remain during the construction process. RESPONSE: The applicant has provided large open space areas to protecting the most valuable existing vegetation and will also preserve some large trees on the lots. The applicant in doing so has also generated a very detailed plan, which provides methods for the protection of vegetation to remain during the construction process. Some of these methods include a pre-construction meeting, fencing off protected areas, an on-site arborist making recommendations at critical junctures, proper staging of construction equipment and City Forester review throughout construction. Details of the plan are included within the record as developed by Walt Knapp and Peter Torres Section 19.790.030.B.2 & 4 RESPONSE: The appellant disagrees that the applicant has identified a (protection) program to save existing trees, as is the issue in both 19.790.030.13.2 & 4. The applicant has actually most distinctly provided a program to save and protect existing trees greater than 12-inches and has submitted that information to the City. The applicant's arborist's developed the programs and detailed information is provided within the record. a; J U W J i LE~~IL~ ~R1P 1 3489 19" pR t: 1 'M 3423 1621 viR J 8 z49 i 14` .4 J., 41 48:' F!R z kEt' ' ,1 -T11 34 42pFIR 342 22' ,a 01" <16 14 3~43~ ',444 _ t f l X34 5 - - - + ~ ~ i ~42 8 CEDAR ;_Yl Flr< i 3446 i 1 Cco P, L_.J .9 CPO. 03 I §55.08.030 TREES h. Identification of a contact person 6. The tree protection zone shall remain and/or arborist who will be responsible for free of chemically injurious materials and implementing and maintaining the approved tree liquids such as paints, thinners, cleaning protection plan; and solutions, petroleum products, and concrete or i. Location and type of tree protection dry `i excess, construction debris, or run-off. measures to be installed per LOC 55.08.030. ( 7.) No excavation, trenching, grading, root 3. For minor or major development, the pru g or other activity shall occur within the Tree Preservation Plan shall be prepared by an tree protection zone unless directed by an arborist and shall include an inventory of all arborist present on site and approved by the City trees on site, their health or hazard condition, Manager. and recommendations for treatment for each (Ord. 2221, Add, 01/18/2000) tree. (Ord. 2221, Add, 01/18/2000) 55.08.040 Inspection. The applicant shall not proceed with any 55.08.030 Tree Protection Measures construction activity, except installation of Required. erosion control measures, until the City has 1. Except as otherwise determined by the inspected and approved the installation of the City Manager, all required tree protection required tree protection measures and a building measures set forth in this section shall be and/or grading permit has been issued by the instituted prior to any development activities, City. including, but not limited to clearing, grading, (Ord. 2221, Add, 01/18/2000) excavation or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irri ation installation. U2 Chain link fencing, a minimum of 6 feet Af tall with steel posts placed no farther than ten feet apart, shall be installed at the edge of the tree protection zone or dripline, whichever is greater, and at the boundary of any open space tracts or conservation easements that abut the parcel being developed, 3. The fencing shall be flush with the initial undisturbed grade. 4. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the City Manager and arborist for the project. 5. No construction activity shall occur within the tree protection zone, including, but not limited to dumping or storage of materials such as building supplies, soil, waste items, or parked vehicles or equipment. (Rev. 10105100; bp) 55-14 Chapter 33.930 Title 33, Planning and Zoning Measurements 7/1/02 Figure 930-18 Setback Averaging Tlu ncmlally rcqulrnd aetbaak The averaged setback i A i g i C g i F 1 ~ 1 1 1 1 1 1 ~ 1 1 1 1 1 ~ I 1 t I 1 ~.S(7(ylMt- i i V v 1 `viREET: W11STf~EEr : :STREET Setback for lot 6 ie the Setback for lot E to the Setbnok for lot H in the avera je of the 4xi0i/tg Mralile Of Gha axlrslnq ave+sge at the oisstnq arthwks for Rata A and C. setback for lot D and the setback Par lot 0 and the required eatback for lot F. rewired eetbar* for tai H along aha tame etraet. 33.930.140 Measuring the Root Protection Zone The root protection zone is a circular area around a tree that is based on the diameter of the tree. Each 1 inch diameter of tree equals 1 foot radius for the root protection zone. See Figure 930-19. Figure 930-19 Measuring the Root Protection Zone Diameter of tree Is 5 Inches S• i2det praLeatian tens Fs r E • -'4 a 15-fact la4au5 circle fit J (D 1 J 930-12 CiTI oF POR-T~-AAJD Landscaping and Screening 9/ Z/ ut 33.248.050 Landscaped Areas on Corner Lots All landscaped areas on corner lots must meet the vision clearance standards of Section 16.70.800 of Title 16, Vehicles and Traffic. If high shrubs or other sight-obscuring screening is required by this Title, low screening must be substituted within vision clearance areas. 33.248.060 Landscape Plans Landscape plans must be submitted showing all landscaped areas. Plans must be drawn to scale and show type, size, number, and placement of materials. Materials must be identified with both their scientific and common names. Any required irrigation system must also be shown. 33.248.065 Tree Preservation Plans A. When a tree preservation plan is required. A tree preservation plan must be submitted and approved when existing trees are used to meet a landscape or tree standard. B. Elements of a tree preservation plan. A tree preservation plan includes both a site plan and a written statement. All of the following elements must be included: 1. A written statement that the trees to be preserved are healthy; and 2. A site plan that is drawn to scale and shows: Do a. All trees to be preserved on the site, their species and diameter; b. The location of water, sewer, and other utility easements; c. The location of dry wells and soakage trenches; and d. How the requirements of Section 33.248.068, Tree Protection Requirements, are met. C. Alternative tree preservation plans. If the requirements of Section 33.248.068, below, cannot be met, an alternative tree preservation plan may be submitted by a certified arborist or landscape architect The alternative tree preservation plan must show alternative means for tree protection and preservation, and include a statement by the arborist or architect that the plan provides the same level of protection as the requirements of Section 33.248.068. 33.248.068 Tree Protection Requirements A. Where these requirements apply. These requirements apply to all trees shown on a tree preservation plan. B. Construction fencing. A construction fence must be placed around each tree at the edge of the root protection zone. The fence must be placed before construction starts and remain in place until constriction is complete. The fence must meet one of the following: 1. The ence must be 6 foot high orange plastic and be secured to the ground with 8-foot metal posts, or 2. The fence must be 6 foot high steel on concrete blocks. 248-8 c alit E i C,,3lde tO { chnl~ ees X Te o Of TV t eseVa e1® inew ~r Dea and Jam i at~eny s 14e►da N1 .t , t ;t V ~ c publishedo ~rbaricu%jre ational society t Intern p 0 Box 312 3129 USA G~ampa~gn, l~ 926. t memo ISBN: 1-881956-20-2 Copyright ©1998 by International Society of Arboriculture All rights reserved. Printed in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the International Society of Arboriculture. The ISA seal is a registered trademark. Editorial Coordinator: Peggy Currid Composition by: Amy Reiss Cover Designer: Doug Burnett Printed by: United Graphics, Inc. j 2916 Marshall Ave. P.O. Box 559 f Mattoon, IL 61938 International Society of Arboriculture Web Site: http://www.ag.uiuc.edu/-isa e-mail: isa@isa-arbor.com 10987654321 r 72 CHAPTER SIX tree protection. This will allow the designers to plan for adequate space around trees from the beginning of the project, rather than trying to incorporate the trees later on. The consultant determines how much undisturbed space is needed for the trees to retain good health and vigor by identifying an optimal tree protection zone (Photo 6.7). Tree protection is a seemingly straightforward Effort: put up a fence to enclose the entire root area of the tree or group of trees and allow no construction activity within that area, including storage, dumping =ti of excess materials, fires, etc. Under ideal conditions, the tree protection zone would include all of the PHOTO 6.4 Trees that develop in woodlands or forests are best tree's root area and crown. As land values rise, how- retained in groups large enough to maintain some integrity of the ever, there is more pressure to encroach closer to the group. tree to gain usable space. We are not asked, "How r, rr much space does the tree require?", but rather, "How close to the tree can I build?" The question of how close one can encroach on a F tree is a difficult one to answer. It is commonly thought that a healthy tree tolerates removal of approxi- mately one-third of its roots (Harris 1992, Helliwell 1985). Helliwell further states that a healthy, vigorous l tree could withstand removal of up to 50 percent of a a t x, PHOTO 6.5 The frequency of failure of trees along a new forest x ' edge is high for the first few years following clearing. Intermediate y r~ " a f ` and suppressed trees, and those with significant defects, should be, s removed. ; Y t failure (Matheny and Clark 1994). Jim Barborinas (1995) has found that conifers with a live crown j , ratios less than 30 percent tend to break in winds E; when exposed, while those with live crown ratios greater than 50 percent are more stable (Photos w • _ 6.6a,b). Other potential targets (e.g., passive recre- ation, trails) of damage within the stand should also 1I+j be considered when evaluating the trees. g~E Dunster (1995) describes the genF..ral failure of preservation efforts in second-growth coniferous forests s ' in British Columbia, where dense, even-aged stands >f` with little species diversity are typical. He suggests c+#4~v' i removing large trees while carefully protecting the land. The goal is "to retain an ecologically functional r :?r u land base that is capable of growing trees well into the future." In this scheme, the understory plants and,, , forest soil are protected. The protected area is planted with young trees the fail or early spring following completion of clearing and grading. l - PHOTO 6.6 Live crown ratio is an Important criteria for selecting IDENTIFYING A TREE PROTECTION ZONE codominant trees for retention in groups. Trees with less than a 30 percent live crown ratio in (a) have declined and/or failed. Trees with The next step in the preservation process is for the con- a live crown ratio greater than 50 percent (b) are the best candidates sultant to provide the design team with guidelines for for preservation (photos courtesy of Jim Barborinas). 1 h si,\vNn,p I", free 11teservutiwr 73 +i I ■ Silt' of clipancl' Inethod. Assign an "t'llr't M1, lot it tolimi/ tlon dislance": TREE • PROTECT1101till • plt-dlt l I lie v\lwt tt'd diatricto of [lie NE (TPZ) Iwo, in It'll yt',trs. \lultiply that diann- 01 No grading, trenching or equIpment „ „ perform., l'il't h\' -:..'.1 to ti"N'It1 flit' lllslallCe of 11 In this area. Al work to b and supervision under bruit', tvil an'a honi flit' trunk lilt (cell Consulting 4, by hand ArboNst. Phis ltit-shod t( Insidt'rs Ole trey's I of of the lilt rl',Ising lit-vii lot' root shirt'it) It % 9 Install 6' chain link fence to encl TPZ before dernalltion, grubbing and glows I( otivi grading. t all • complete. the driplitla' nn'thod is the most ronl- Inonly ust'tl Illothutl it) (10crntine Ircc pro- tet'tloll 711111'\ (I'lloloc, It.tiJ,hl. Bil%vd on it t typical rout strutlllit', ('vt'It limiting ton- PHOTO 6.7 The tree protection zone is the area around the tree or groups of trees \t RiCl loll Mid gl ldillg It, t nlt'sidt' the ill'lp in which no grading or construction activity may occur. 1111e C'oIIIII \I II I Iead In I'el llo\'aI of o1'e1' half the d'ue's roots. 11'1 Illost viiloruu.\, hroil t- its roots without dying, although there may be stabil_ canopied trees survive well it lilt- area \cilhin the ity problems if all the roots on one side are severed. dripline is prulc'ctt'd, Indet'd, l01 sonit' spi'rit's, when Field application of this standard is limited by a the tree is in prime condition, it may he p(mihle to significant unknown-what is the full extent of the encroach some distance within the dripline without tree's root system? Rooting patterns are highly vari_ extensive damage to the Irct', I [I'll tlt'tt'rlnin,ltion able, so it is difficult to know at what point 30 to 50 must he made by it qualilit'd ron,ull;ult I,uniliar with l percent of the roots have been impacted. the species anti its response to runs Uurt ion. A variety of guidelines have been suggested for Some prublenls arise w'ht'n using Iht' tlriplint' as fib determining the size of the protection zone for indi- all indicator for the tree protection 7o11t'. Leaning vidual trees. trees whose trunks arc located at ()lit, stile of the ■ Dripline method. Protect the area within the canopy clearly have nnul) suppul l ruins ,nv,l}' h'unl dripline for broad-canopied trees, or up to I UL the lean and beyond the camp\, t uhvioush, narrot\- times the dripline for narrow canopied trees canopied trees, such as Lotnhartly poplar U'olildlo ni;ru (Photos 6.8a, b)• Italica'1 or Italian cypress (t:u(,rt'sslrs s,'nI/,rrl'irt'rryl would not be adequately pruteeted, nol would 11,11- • Tree height method. Protect a circular area with row-crowned, closely spaced bees } rutvin in stands. the radius equal to the height of the tree. Miller The wide variation in rout distribution and tl(T et al. (1993) recommend it "critical root radius" response (given the species, ilgV, dull size of Hit' Ircel, as that is 40 percent of the height of the tree for well as many site variables, Means that gCM-1,11 Iret trees in stands with narrow crowns. protection guidelines based on dripline or tree height ■ 'I'nunk diameter method. For every inch of trunk are not very useful. '111C dripline Cali he sot t, ,stint' used diameter at 4~ feet above grade, allow I. to t~ feet in communities in which tree retention lotuses nn I trt ad- of space from the trunk (Coder 1995, Harris 1992), canopied trees, such as oaks. 11 store approprifllc 1 C'4~'~.4e,vofi]S , a r tt ,x~q . ~ ~ t> cs 'Et 7, ~ 11 J r T ~ytia I 1 n'S + sY.w+ "7 ' ~+--~Y•y ~ Ira -BONN 7_ 311Z 71 PHOTO 6.8 For broad canopied trees, the dripline may represent an adequate tree protection zone (a). For narrow-canopied, codominant trees, however, the dripline may not provide a large enough tree protection zone (b). Given the size of the tuliptrees in (b), the tree protection zone, defined by the dripline, was inadequate. i 's. 74 CHAPTER SIX guideline is trunk diameter because the size of the tree protection zone is adjusted for the size of the tree, independent of canopy conforma- tion. Coder (1995) suggests that a minimum of 6 feet should be pro- tected around a tree, regardless of I. ('.valuate the species tolerance of the tree: good, mod- its diameter. erate, or pour (refer to Appendix 11). The British Standards Institute 2. Identify tree age: young, mature, or overmature. (1991) developed tree protection guidelines, based on ranges in trunk 3. Using'I'able 6.2, find the distance from the trunk that diameter, that considered the age should be protected per inch of trunk diameter. and vigor of the tree. That system 4. Multiply the distance by the trunk diameter to calcu- acknowledges that old trees and late the optlmurn radius (in feet) for the tree protec- those of low vigor are less tolerant tion zone. of construction impacts and, there- fore, need a larger protection zone. Examples We adapted the BSI method to . A healthy 60-year-old, 30" diameter California black include species tolerance to impacts walnut (JgVlans hindsii) (poor tolerance, mature age): (see Appendix B for species list). The optimum tree protection zone 1.25'x :30" = 37.5' radius tree protection zone is calculated based on the species tolerance to impacts (good, mod- A 15-year-old, healthy, 13" diameter Haywood ash erate, or poor) and the age of the (Fraxinuus'Itaywood') (good tolerance, young age): tree (young, mature, overmature) " (Table 6.2). This system acknowl- 0.5'x 13" = 6.5' radius tree protection zone edges that a mature walnut can tol- erate less disturbance than a young ash. The protection zone should be increased by 25 to 50 percent for low vigor trees, although reten- tion of low vigor trees is discouraged. This approach is intended to Table 6.2 Guidelines for optinial tree preservation zones for trees of be a guide for planning adequate average to excellent vigor (modified from the British Standards Institute space around trees, not an absolute 1991). Refer to Appendix B for species tolerance. rule. It is a tool to help the design - team. There certainly will be times Species 'free age Distance from trunk when it is not possible to retain the tolerance feet (per inch trunk diameter) optimum tree protection zone Good Young 0.5' ~•o around each tree to be preserved. (<20%) life expectancy) The consultant then must evalu- ate the minimum tree protection Mature 0.75' zone that would prevent the (20-80'%) life expectancy) death, decline, or instability of the Overmature 1.0' specific tree (see Chapter 8). t When young trees are retained, (>80`% ~ life expectancy) consideration should be given to i Moderate Young 0,75' ~ the future needs of those trees for rooting space as they mature. Coder's Mature 1.0' (1995) site occupancy method described above can be used to Overmature 1.25' estimate future space requirements. Poor Young 1.0' Design Guidelines Mature 1.25' The consultant further helps Overmature 1.5' the design team by providing Designing /br Tree Preservation 75 0 guidelines and standards for project planning. The fol- root pruning are required. Require that root lowing actions should be taken by the consultant dur- pruning be completed before grading begins. ing the design phase. Not all items are applicable to (Note: This is included to forewarn the design all projects, team and owners that nonroutine construction 1. Plot accurate trunk locations and driplines of methods maybe required to successfully retain 1 .010 all trees and/or tree stands to be preserved the tree.) within development areas on all plans for the 9. Stipulate that surface drainage not be altered so project. Include tree preservation notes on all as to direct water into or out of the tree protec- t plans. (Note: When stands of trees will be pre- tion zone unless specified by the consultant as served well away from construction areas, it is necessary to improve conditions for the tree. not necessary to plot accurate trunk locations. 10. Require that site drainage improvements be The conformation of the stands and notes designed to maintain the natural water table regarding their protection should be included.) levels within tree retention areas, and that such 2. Identify a tree protection zone for each tree in improvements be designed to maintain the which no soil disturbance, including stripping, natural volume and seasonal distribution of g is permitted. Specify that the natural grade shall water in tree retention areas. If water must be - be maintained within the tree protection zone. diverted, permanent irrigation systems should Specify that no storage, dumping of materials, be provided to replace natural water sources for - parking, construction trailers, underground utii the trees. ities, fires, etc. be allowed within the tree pro- tection zone without approval of the consultant. SUMMARY X 3. Require that any plan affecting trees be reviewed Design professionals typically do not know what it takes } by the consultant. This requirement should to keep trees alive; that information must be commu include (but not be limited to) plans for demoli- nicated by the consultant. The consultant works with 1 lion, erosion control, improvement, utility and the team to help develop a project that provides ade- drainage, grading plans, landscape, and irrigation. quate space for trees that have a potential to be an 4. Specify that special foundation, footing, and asset to the site for years to come. "That is accomplished pavement designs be employed to minimize by selecting trees suitable for retention based on several root interference when structures must be characteristics: tree health, tree structure, species ability :j placed within the tree protection zone. to tolerate injury, and tree age and longevity. 5. Require utilities (electric, gas, cable TV telephone, To assist the design team in allowing adequate water, drains, sewer) to be routed outside the space around trees, the consultant identifies a tree tree protection zone. protection zone in which no equipment, storage, 6. Indicate that landscapes be designed to exclude dumping, grading, or excavation is allowed. The size and trenching for irrigation lines within the tree conformation of the tree protection zone _ protection zone and that no irrigation be applied depends on several factors including species sensitiv within 5 feet of the trunks of protected trees. (Note: ity to impacts, health and age of the tree, root and The irrigation limits will vary from project to crown conformation, and development constraints. project.) Finally, the consultant provides the design team r L with guidelines to help them plan the project while 7. State that any new plantings within the tree protecting trees. These guidelines require accurate 3 protection zone must be designed to be com- trunk locations of specific trees, exclusion of struc- patible with the cultural requirements of the tures and utilities from the tree protection zone, and retained tree(s), especially with regard to irriga- j sustaining normal water supply for trees. When these tion and nitrogen application. (Note: In ioca- requirements cannot be met, the guidelines should tions where native trees are adapted to a period i indicate that special design considerations or con- of summer drought, a requirement for no sum struction techniques may be required. 3 mer irrigation and exclusion of specific types of plantings such as turf or flower beds may be Once the preliminary design is prepared, the con T` sultant examines the plans for adherence to the appropriate.) guidelines, evaluates specific impacts to trees (Chap- 8. If excavation must occur within the tree protec- ter 7) and prepares recommendations for design M1` tion zone, specify that the consulting arborist modifications, as needed (Chapter 8). will determine where tunneling, hand work, and 100 CHAPTER EIGHT Most arboriculture literature emphasizes the F A~l importance of retaining natural grade around the base of the tree. Where the grade will be raised, a w d'; common treatment is to build a wall a few feet from TM the trunk to create a well around the tree. An aeration system composed of pipes in a wagonwheel design is +r placed on natural grade (beneath the fill) and con- lie tj. nected to vertical pipes extending through the fill to the new soil surface. We question the utility and effec- tiveness of this treatment. The aeration systems are expensive to construct, and to date there is no scien- PHOTO 8.4 several methods have +j tific evidence that it has a positive effect on the tree. been designed to increase the per Furthermore, the resulting "aerated fill" is unstable meability of concrete paving. In this case, the concrete was laid on 2-inch from an engineering perspective, so it is an unsuit- pea gravel. Holes were cored through ~9. able base for any structure. If the fill will not support the concrete and filled with pea grae I a structure, why is it there? On the other hand, if the (inset). fill is constructed to engineering specifications, not only will existing roots be destroyed, but it is unlikely that the aeration system will help new roots establish with gravel, and capped with a grate (Figure 8.2). A j (see Chapters 4 and 7 for further discussion). A better linear or grid pattern can be created with aeration s solution for the tree, project economics, and site strips, which are narrow gaps between sections of design would be to consider the following options. concrete that are filled with gravel. This design might ■ Adjust surrounding grades to match the base cause problems with pedestrian footing. Placing F' trunk elevation as closely as possible. many expansion joints in the pavement would accomplish the same thing. ■ Where the grade must be raised, determine the location of the structure on fill, plus required There is no scientific evidence that these treat- overbuild. If working within the tree protection J111 ments improve conditions for tree growth. Actually, zone, consider placing a retaining wall at that most pavements are reasonably porous, particularly location. after they have aged. Both asphalt and concrete develop many small cracks that allow water and air ■ If the tree will be in a low area that will collect to penetrate. Concrete pavements are designed with water, install a drain as far from the tree as possible expansion joints that create gaps. The soil under I _ near the retainiri wall If necessary, fine-grade ( S pavement is usually moister than that exposed to the by hand to create flow to the drain. air, and roots of many planted trees certainly have no ■ If an adequate tree protection zone cannot be trouble growing under it-hence, the problems with retained, consider removing the tree, creating root heaving and cracking pavements. the required grade changes, and planting appropriate trees for that location.. E Pavement AEfrATION VVVICe : L Most arborists consider pavements harm- 4°0 PIP- vd/ FVA &F7AVEt FIU 4 r ful to trees because they restrict movement of water and air in the root zone. Many io'•o' o•c. TYp~cAt tree protection guidelines recommend use of pervious rather than impervious pave- o, a c . • a ment under trees. o ~L T o~ srog~ po..e o a o~- • e -q. r vi Where impervious pavements are used some type of venting or aeration system PP often is recommended. A simple design is rl~A GI7AVF_c- I j to cut I-to-2-inch-diameter, regularly OATIV1- Gf~ADe. U~p spaced holes through the pavement once DEziP UN~ - No Co(q~rGhF I it has set (Photo 8.4). Another design lays VN~, I NAER 0 r a base of gravel, topped by sections of PVC pipe standing on end, with the pavement FIGURE 8.2 Detail of an aeration system for concrete paving, it is unknown whether poured around it. After the concrete is set, this and similar treatments actually improve conditions for root growth. We consider the pipe is cut off at finish grade, filled it more important to minimize subbase excavation and compaction. L Minimizing. Impacts and Preparing Speci/iaitions 101 The most important impacts to mini- mize are root removal and soil compac- tion that occur as the area is prepared for installation of the pavement. Where pave- ment must encroach within the tree pro- - BackBll as tection zone, consider the amount of exca- Concrete Curb needed with vation required to create the pavement sandy loam Asphalt Existing Tree section and the degree of compaction o r „t ? R; required for the subbase. To the extent >r~ that pavement designs can minimize those aggregate Base r. 'A stresses, impacts to trees can be reduced. This may be accomplished in several ways Natural Subgrade (also see Chapter 4). FIGURE 8.3 A "no-dig" type of pavement places the pavement section atop natural • Use the pavement type requiring the grade, thereby minimizing root disturbance and soil compaction. Extra reinforcement thinnest section. Concrete usually in the pavement and use of a geotextile under the base material may be needed to requires a thinner section than increase the stability of the pavement. (Adapted from a detail provided by Mary Ann asphalt or interlocking pavers. Beale, City of Charlotte, North Carolina.) . • Place heavy-load corridors that require a thicker smoothing and hand-tamping the surface soil, then it pavement section away from trees. may be possible to cover a portion of the optimum ■ Adjust finish grades so that the pavement section tree protection zone. On the other hand, pavements is built on top of natural grade, using a "no-dig" for major streets that require 2 to 3 feet of excavation for design (Figure 8.3). Some edge treatment will be subbase preparation, curb, sidewalk, and perhaps under- necessary to retain the pavement section. The ground utilities, must be more respectful of the tree. pavement will be higher than the surrounding Curbs require excavation for construction (see grade. If the grade differential is a concern, mulch Chapter 4, Figure 4.10). Rolled curbs require the least can be placed on the soil surface to meet the amount of excavation. Where significant root injury grade of the pavement. would occur to install the curb, it may be possible to • Increase the strength of the paving material so place the curb on top of the pavement (Photo 8.5). A that is does not rely on a compacted subbase for steel bar holds the curb in place (Figure 8.5). A gutter strength. This is usually accomplished by putting is not constructed. extra reinforcing material in the surface layer. ■ To reduce subbase compaction requirements, Footing and Foundation Design place a geotextile fabric at the bottom of the The amount of soil excavation and compaction pavement section to protect from displacement required varies greatly with footing and foundation into soft soil. type and, therefore, affects the degree of impact to adjacent trees. The consultant should discuss design Heavily reinforced concrete requires the thinnest options with the engineer to determine which design pavement section and least amount of subbase com- would have the least impact to trees. paction, but it is expensive. Brick or interlocking pavers L on sand are usually considered the best pavement C under trees because they are more pervious than con- a4T Lacwri6 Ia4.vr--1 Crete or asphalt, although frost can heave these in 9AND i'ILLP17 JOINT cold-weather areas (Figure 8.4). Pavers may require more excavation to install than concrete unless a no-dig design is used for above-ground installation. Prepara- tion of a compacted base usually is required. Pavers are more subject to displacement by roots and soil = j _ I l -1 jjp VIII movement than concrete, although repair is easier ~F l {n p,, because small sections can be removed and replaced. 6Wrr--XTlI,r,- (See Case Study #4). r+,~,T ivr moil- The amount of pavement a tree can safely tolerate -,LIPS-c,~o p~ r•pt~t..lv depends on how much root interference occurs during r-11:2-mr-9 I"IITHi H PI=1PUr4F_1 installation and the potential for the tree to re-establish roots under the pavement. If the driveway and park- FIGURE 8.4 Brick or interlocking pavers on sand often are recom- mended as pervious paving. Use of geotextile under the sand and ing area on a residential lot can be installed simply by hand-firmed subgrade can minimize root impacts. 402 CHAPTER EIGHT PHOTO 8.5 Excava- tion into the roots of this tree was avoided by placing the pave- ment section on top of existing grade and - s constructing the curb on top of the pave- ment (see Figure 8.5 for construction detail). (Photo courtesy of s' } r Howell Beach, Robert ~,Y1 E. Marvin & Associates.) 3 m PHOTO 8.6 Footings can r a~ be designed to span over 3 aZ r tree roots, as shown with 4' u~ a rci " Y r l this brick wall. A metal z $ plate spans the distance i a between footings (inset) *5C (see also construction Where structures must be placed close to trees, a? . detail, Figure 8.6). • some alternative footing designs may be considered. ■ Use custom footing (designed by an engineer) end supported, the excavation must be as wide or in the vicinity of the tree that bridges over the wider than the base of the footing. If the beams are T_ roots (Photo 8.6; Figure 8.6). not specified to be above grade, a trench will be dug, ■ Cantilever the structure, so the building extends usualiv to 18 inches, to construct it, potentially sever- outwards from the footing. ing many roots. ■ Install a raised foundation with discontinuous footing (piers). Structure Design - Several factors about the design of structures adja- Sometimes the least disruptive method is the pier cent to trees should be considered in order to mini- foundation with grade beams placed above grade (see mize impacts to the tree. This primarily involves ._i Chapter 4, Figure 4.1le). The diameter, depth, and minimizing pruning requirements by considering spacing of the piers, as well as the size and weight of potential interference of the tree's canopy with the the equipment needed to drill the piers, define the structure-both in the present and with future growth. potential for root injury. Compared to other founda- x"' ton types, this design may provide little benefit to ° Make allowances for future growth of lr , the tree in trunk girth and canopy trees if piers are large and closely spaced. If the pier is height and spread. Ft ■ Locate fireplaces to avoid chimneys Concrete Curb. near canopies or locations where tree litter will accumulate. Local require- Eased Edge, Finish Grade ments for clearance may vary. ! Asphalt Paving- 40/b Slope ■ Consider window location for desired J views. Close views would be enhanced by mature trees, while distant views may place the tree in conflict with the view - #4 Bars and lead to excessive pruning. J ■ If the structure will be within the TJ. Compacted Base L drip' lute, consider limiting the height of k5 Bar - 24" 'D.C. the structure to avoid excessive pruning. 0 . Compacted Subgrade` ■ Consider placement of solar panels or FIGURE 8.5 Placing the curb on top of the edge of pavement may reduce excavation passive solar heating relative to trees. I into the root system compared to a typical curb detail. The curb is held in place with ° steel bars. (Adapted from detail provided by Howell Beach, Robert E. Marvin & Consider line-of-sight for communi- Associates.) cation devices (e.g., satellite dishes). H } 0 104 CHAPTER EIGHT MODIFYING CONSTRUCTION PROCEDURES Damage to trees often occurs during the clearing TO MINIMIZE IMPACTS TO TREES and demolition phases. The best procedure is to have A number of construction work procedures can help nee protection measures in place before any equip- protect trees from unnecessary damage. The care with ment enters the site. All trees should be fenced, which work should be performed around trees should enclosing any understory as well (Photos 8.7a-d). ; increase the closer the encroachment to trees. Appro- Then the contractor can safely perform the work. The priate work procedures therefore will vary depending understory can be cleared or groomed by hand at a on the type or methods of construction and distance later date. This procedure works well where trees are from the tree (Table 8.2). widely spaced, and when preserving groups of trees. For sites with dense vegetation, or when vegeta- Ciearing and Demolition tion or structures to be removed are close to trees ' Clearing, grubbing, and demolition activities that will remain, it may not be possible to fence before clearing. In this situation, we have had the usually involve very path. If best results with a combination of clearing by moves across the land, emovingeevequipment er everything i that g y g trees, soils, and other resources are to be preserved, arborists and demolition contractors, using both equip- r methods must be devised to accomplish the clearing ment and hand labor. We remain on site most of the tasks without damaging that which is to remain. time to help make decisions about operations and Those methods often increase the amount of time ensure that work proceeds according to plan. The fol- necessary to clear the site, so the contractor should lowing procedure has been effective. be aware of the requirements before the job begins. 1. The engineer stakes the edge of grading and the This means having adequate specifications when the construction zone. contract is let. 2. The consultant walks the edge of the grading, r Construction specifications should include any painting trees to be removed and flagging trees special protection or work procedures needed during to remain along the line. Trees that should be clearing operations (see "Preparing Specifications" later removed by an arborist rather than the demoli- in this chapter). Additionally, the consultant should tion contractor are marked a different color. meet with the clearing contractor to discuss and agree on haul roads, access routes, stockpile locations, 3. The consultant meets with the demolition con- and equipment operation methods. Large equipment tractor and arborist to review work procedures, requires plenty of space in which to maneuver. If the haul routes, stockpile locations, and work areas. operator cannot safely move within the allotted 4. The arborist removes vegetation, placing brush space, the equipment should be downsized. and wood in designated locations for disposal TABLE 8.2 Work procedures vary with extent of impact. The greater the amount of intrusion into the optimum • tree protection zone, the greater the care that must be taken (see Table 6.2 to determine optimum tree protection zone). g t t Location of tree protection zone Work/design procedures Optimum tree protection zone maintained No restriction of activity outside tree protection zone. 2 One-third or less of optimum tree Pruning needed for clearance must be determined. Special designs 4 protection zone impacted (e.g., discontinuous footings and foundations, reinforced pavement to reduce pavement section and span soft soil) may be recommended J to minimize root interference. Where excavation will occur, roots should be pruned at the edge of excavation before soil 7 removal. Consultant may determine that the tree is unlikely to j survive or will become unstable and, therefore, recommend removal. One- to two-thirds of area within optimum Improvements staked in the field and reviewed by consultant. tree protection zone impacted Location of major roots in direction of improvement determined by consultant. Special designs are required in order to minimize root interference. Roots cut either by hand or with appropriate equipment before excavation, per consultant's recommendation. Consultant may determine that the tree is unlikely to survive or will become unstable and, therefore, recommend removal. 7aa-v:3 a "QualiTy Service at a Fair Price" Licensed - Bonded- Insured r' State of Oregon CCB#143287 LICENSED Bond# NIM4030052 ARBORISTS June 30, 2003 C/o: Lyle Miller 10998 S.W. Chateau Ln. Tigard, Oregon 97224 Office: 503-624-5432 From: Jay Larson Northwest Arbor-Culture, Inc. Re: Tree Preservation Plan Dear Mr. Miller; As requested, I evaluated the Bretton Woods Sub-division Plan. After reviewing the reports supplied by Mr. Knapp and Mr. Torres, the main area of concern is the extent of tree protection. As you know the proposed area of development contains 60 trees that are to be permanently retained. Several "exceptionally large" Douglas-firs will require the establishment of extensive Tree Protection Zones (TPZ). The Tree Protection Zone for all individual trees should be determined using I.S.A guidelines. The TPZ should be placed as far out from the trunk of the tree as possible. Generally allow 1' of diameter from the trunk for every 1 " of DBH. For trees larger than 30" DBH the guideline may be increased it 1.5' of diameter for every 1" of DBH. (Trees and Development, A Technical Guide to Preservation of Trees During Land i Development, 1998; Nelda Matheny and James R. Clark, International Society of r Arboriculture, P.O. Box 3129, Champaign, IL 61826-3129.) For the trees that exist in groves, use the same methodology for the trees on the edge of the stand, thus protecting the entire group. 0 9 Using the I.S.A Trunk Formula Method I have appraised the value of the very large Douglas-fir trees at the north end of the property at approximately $400,000.00. In the event one or more of these trees die the closest replacement I found was a 40 foot tall Douglas-fir from Big Trees Today in Hillsboro Or. These trees could be purchased and installed for approximately $20,000.00. Since these trees are quite literally irreplaceable I see no reason to gamble with their health and stability by violating standard tree protection practices. Additionally Tree #3110 has been recommended for removal. Although there are indeed signs of root decay the tree appears healthy and stable. I feel the tree should have further assessment prior to being removed. If this tree or any others are in fact removed great care needs to taken if the stumps removed with a stump grinder so as not to disturb the root systems of neighboring trees. If you have any questions, please call 503-348-7642 Sincerely; Jay Larson Northwest Arbor-Culture, Inc. I.S.A Member #155189 31635 Wilsonville Road N.E. Newberg, Oregon 97132 Office: 503-554-8948 Fax: 503-554-1639 i 'r i i 5,v z 3`l~ y ~ uV J m W J AGENDA ITEM # LP FOR AGENDA OF July 22, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Annexation (ZCA) 2003-00001 - Bretton Woods Subdivision Annexation PREPARED BY: Brad Kilby DEPT HEAD OK R11.5 CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Tigard City Council annex a parcel of land consisting of approximately 2.34 acres of land? STAFF RECOMMENDATION Adopt the attached Ordinance annexing the property. INFORMATION SUMMARY The proposed annexation consists of 2.34 acres that currently exist in unincorporated Washington County. The parcel is within the City of Tigard's urban service area, and has recently attained preliminary approval for a 10-lot planned development and subdivision. That approval was appealed to the City Council on July 8, 2003. Due to time constraints, the City Council continued the hearing until the July 22nd Council meeting. Staff contacted the applicant to discuss moving the annexation hearing to a later date, however, recognizing that the annexation was a separate application, and that the annexation would be required prior to any development, the applicant expressed their willingness to move forward with the annexation proceedings at the July 22"d meeting. The property is located at 16455 SW 108th Avenue, and is described as WCTM 2SI 15AA, tax lot 1400. The property is currently occupied by a house and outbuildings that are proposed to be demolished for construction of the subdivision. Staff has notified all affected agencies and CIT members of the proposed annexation. There was no objection to the annexation by those who returned comments. Staff has reviewed the proposal for compliance with Metro Chapter 3.09, the Comprehensive Plan Policies, the Tigard Development Code, and the Oregon Revised Statutes. As indicated in the staff report to City Council, the proposed annexation meets the applicable standards. Pursuant to Chapter 18.320.020.C of the Tigard Development Code, the Comprehensive Plan designation and the City's zoning is automatically applied to property upon approval of the annexation by Council. a OTHER ALTERNATIVES CONSIDERED Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY _J m "Growth and Growth Management", Goal #2 - Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. J ATTACHMENT LIST Attachment 1: Ordinance approving the annexation. Exhibit A: Legal description of the subject property. Exhibit B: Vicinity map of the subject property. Attachment 2: Staff report to the Council. FISCAL NOTES Not applicable. The applicant is responsible for paying the Metro processing fee and has already paid the fees necessary to administer the application by planning staff. v. J D U J AGENDA ITEM No. 6 Date: July 22, 2003 PUBLIC HEARING (QUASI-] U DICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER ZONE CHANGE ANNEXATION (ZCA) 2003-00001 BRETTON WOODS SUBDIVISION Due to Time Constraints City Council May Impose a A Time Limit on Testimony I:%ADI1v3IGREER%CrrY COUNCILICCSIGNUPIPH TESTIMONY OJ ANNEXATION.DOC _J 0 W J AGENDA ITEM No. 6 Date: July 22, 2003 PLEASE PRINT Proponent - S eakin In Favor opponent - (Speaking Against) Neutral Name, A hone No. Name, Address & Phone No. Name, Address & Phone No. z316 2,7- 7 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. L 2 n Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. U AGENDA ITEM # / FOR AGENDA OF 7/22/03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Affordable Housing Fee Assistance Request PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK -k - ISSUE BEFORE THE COUNCIL Should Council award budgeted housing fee assistance funds to an applicant seeking assistance? The applicant is seeking $10,000 in City assistance. Under City guidelines, the project qualifies for only $3,000 in assistance. STAFF RECOMMENDATION Although the application does not meet one of the program guidelines established by Council, staff recommends Council use its discretion to grant the requested amount. INFORMATION SUMMARY In September 2002, Council adopted the Affordable Housing Program, intended to emphasize and encourage affordable housing in the Tigard community. The program includes a range of land use and non-land use affordable housing promotion tools and strategies. One of the non-land use tools was a new budget set-aside designed to reduce fees and charges imposed on affordable housing acquistion, development, and rehabilitation. A copy of the adopted guidelines that define the requirements and conditions for the award of the subsidy funds to housing providers is attached (Attachment 1). FY 03-04 is the second year of the subsidy program's operation. In FY 02-03, the Council awarded $4,000 to Community Partners for Affordable Housing to offset building pen-nit fees imposed on proposed repairs to the Greenburg Oaks Apartments (formerly, Villa La Paz). One application was received during the current round of the FY 03-04 funding period. According to program guidelines, applications are accepted twice per year. This application is a request by the Washington County Department of Housing Services for $10,000 to offset fees and charges imposed and anticipated on the rehabilitation of the 96-unit Bonita Villa (formerly, a Tiffany Court) Apartments. OC ca The houisng service's subsidy request relates to its efforts to upgrade Bonita Villa and operate it as safe and well maintained affordable housing. The agency's rehabilitation budget is $1,291,850. According to the City Building Official, given this budget amount and the range of needed repairs, the agency's combined building, electrical, plumbing, and mechanical City-imposed permit fees will far exceed the the amount of the agency's fee assistance request. The project meets City quidelines with respect to eligible activities, zoning, time limits, and Enhanced Safety Program participation. However, it does not meet guidelines with respect to the dollar amount requested. Guideline #4 of Attachment I states that "Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving housholds at or below 50% of median". In the case of the present application, only three units are targeted and guaranteed to remain at the 50% level, with nine units targeted and guaranteed to remain at the 60% level. As such, under City guidelines, the project is eligible for a maximum subsidy of $3,000 (6 eligible units x $500 per unit), as opposed to the $10,000 amount requested. In considering the Washington County Housining Services request, it is important to recognize that the program guidelines were adopted by Council as a set of general guides to allow Council flexibility in their application to specific projects. The guidelines generally define the requirements and conditions for entities wishing to apply for the set-aside funds, but also provide Council wide discretion with how they should best be applied in evaluating particular fee reimbursement requests. In the case of the present application, staff supports waiving the 50% of median guideline and granting the full $10,000 request. The reasons are that: 1.) The generally high cost of Bonita Villa's rehabilitation and the lack of County General Fund support for its operations clearly make it financially difficult for housing services to provide rent levels at the 50% and below level. At the same time, a mix of higher and lower rent levels could be a feasible strategy for including more 50% unts, with the higher rent levels offsetting the lower. However, questioning the housing authority's rent structure strategy would appear to be beyond the scope of the City fee subsidy program. 2.) The County take-over of the Bonita Villa benefits the City in terms of the complex's greatly improved housing quality and liveability as City housing stock. 3.) Another aspect of the Housing Services request concerns the authority's application for a HOME Loan to partially finance the needed improvements. In addition to providing some fee relief for the agency, award of City fee subsidy would improve the chances of the agency's loan application being selected for funding by demonstrating somewhat greater local commitment and financial support. As indicated in guideline #7 of Attachment 1, an in-person presentation to City Council is required as part of the application process. The date set for the presentation is the July 22, 2003, Council meeting. A Housing Services representative, Henry Alverez, will be available at the meeting to overview the authority's request and to answer any questions Council may have. OTHER ALTERNATIVES CONSIDERED Award fewer or no dollars. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #3 calls for the City to encourage and support "private sector programs to maintain diverse and affordable housing." i ATTACHMENT LIST i Attachment #1. Affordable Housing Fee Assistance Guidelines Attachment #2: Affordable Housing Fees and Charges Assistance Request FISCAL NOTES A total of $10,000 in fee assistance is requested. The available line item balance within the Community Events and Social Services Fund is $10,000. Any funds not using during the fiscal year will return to the General Fund budget. Last year, some $7,000 were returned to the General Fund. Attachment 1 Affordable Housing Fee Assistance Guidelines 1. Both for- and not-for-profit entities are eligible to apply for affordable housing fee assistance funds. 2. Eligible activities include affordable housing acquisition, development, and rehabilitation. Affordable housing acquisition and development will receive greater consideration than rehabilitation. 3. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. 4. Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving households at or below 50% of median. 5. The organization guarantees that the housing produced or rehabilitated will maintain long-term affordability, with long-term defined as the longer of 25 years, or, if applicable, the life of any State or Federal loan used to finance the project. 6. The organization guarantees that the project will be enrolled in the City Enhanced Safety Program (ESP) and maintain ESP certification for the respective (a.) period of long-term affordability defined in guideline #5, or (b.) the life of the ESP program. 7. Council review and approval of each separate award will be required. This review wiii include an in-person presentation to Council by a representative of the organization making the request. 8. The time limit on the use of the funds is two years. i i 9. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided by the City of Tigard. 10.The maximum amount available is $500 per qualified unit, up to the current Social Services and Events Fund affordable housing set-aside line item balance. IArpn/affordableh ousing.standards.board Attachment 2 City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, Oregon 97223 503-639-4171 FY 2003-04 AFFORDABLE HOUSING FEES AND CHARGES ASSISTANCE REQUEST Organization Name: Washington County Department of Housing Services/ Housing Authority of Washington County Address: 111 NE Lincoln Street, Suite 200-L City, State, Zip: Hillsboro, Oregon 97124 Contact Name: Susan A. Wilson Telephone Number: 503-846-4794/503-846-4755 Email address: susan wilson@co.washington.or.us Address/location of the project site: [Note: only projects located within the Tigard City limits are eligible for funding assistance]: The Department of Housing Services is a full service housing agency that also serves as the Housing Authority of Washington County. The department serves over 10,000 persons in Washington county through a variety of programs that include bond financed Affordable Housing, Public Housing, F'Itst Time 1. Briefly describe your organization and the type(s) of affordable housing opportunities you provide or are seeking to provide. (c6ntinued from above) Home Buyer Program & special needs housing. Section 8 tenant based Housing Vouchers, Modernization Rehabilitation, Shelter Plus Care Vouchers, and Contiuum of Care Grant and the HOME Program. o. The Department currently owns, manages and operates 828 units. Additionally, N we serve as general partner in private sector developments of 376 units. y, The Department also supports the non-profit community with the development F- of 221 affordable housing units, as well as, annual operating subsidies. J m 2. Describe the activity for which you are requesting fee relief. One of the Department's most challenging acquisitions has been Bonita Villa J Apartments, which is located in the city of Tigard. This property has required an extraordinary effort and financial resources to rehabilitate. The Department is requesting fee relief in the amount of $10,000. 3. Describe the fees and charges (including overall dollars per unit) that you are seeking City funds to offset. The Department is requesting City funds to offset fees and charges on the rehabilitation of the generally poor condition 96-unit Bonita Villa complex, purchased by the Department in 2002. As indicated in the attached budget sheet, the Department estimates the total cost of the repairs at $1,291,850 or $13,456 per unit. This includes a range of building, plumbing, electrical, mechanical repairs to the units. 4. Describe the status of all necessary land use, zoning, and building plan approvals. No land use or zoning approvals are needed to perform the needed repairs. This is because the work involves upgrading existing buildings. Some of the needed building and related permits have been obtained. Others will be applied for as funds for the repairs become available. 5. Indicate whether the project will require the relocation of any household or business. Rehabilitation activities will not require the relocation of any households. 6. Request (express in whole dollar amounts only): (Note: the City budget amount available for all projects combined during FY 03-04 is $10,000.1 Dollar amount per unit $ 500 Number of units 96 Total request $ 10,00 9 i 7. Briefly describe how your project addresses each of the guidelines adopted by the Tigard City Council for considering fee assistance requests. Omit guidelines 7 & 9. [Use and insert additional page(s) if needed.] The Department of Housing Services/Housing Authority of Washington County is a government agency focused on acquiring, building or rehabilitating properties to maintain long-term affordability for low-income residents of Washington County. The Department is seeking to use the requsted funds for rehabilitation efforts at an existing property, Bonita Villa Apartments, in Tigard. This property has 96 units dedicatd to households earning 60% or below median income. Of these, 9 will be committed to remain at 60% or below and 3 at 50% or below. Most households in residence at Bonita Villa are at or below 60% of area median income. (response continued at end of the next page) 8. Describe when you anticipate being able to use the requested funds. The Department will be able to use the funds immediately once received. 9. Certification I hereby certify, by signature below, that the information contained in this application is true and correct to the best of my knowledge. Date: June 16, 2003 Signature Typed Name and Title: Susan A. Wilson, Director Note: Submit one original of the completed application. The application deadline is 5:00 pm, June 25, 2003, at Tigard City Hall. Applications transmitted by fax or email will not be accepted. Mail or deliver to: City of Tigard Attn: Duane Roberts 13125 SW Hall Blvd. Tigard, OR 97223 Should you have any questions about how to complete the application form, contact Duane Roberts; 503-639-4171; duane(),ci.Agard.or.us. Question 7 (cont.): The Department will have a representative presenting the project to the Tigard City Council on Wednesday, July 25, 2003. In anticipation of the Council allocating funds to this project, the Department wiull expend allocated funds within the two- year timeframe, keeping the cost per unit below the maximum $500 limit. As well, the Department will maintain ESP certification as outlined in guideline #6. • Bonita Villa - July 1, 2002 a Bonita Villa Apartments ' Washington County " Department of Housing Services a,. `sk • a Our story begins... ` Our plan ✓July 1, 2002, DHS acquired Bonita Villa. ✓Original planned budget: S 4.200,00D.00 Awn¢ition ✓ Why this property7 . S 900,100.00 Repairs and Rehabilitation. including: lets from water td.rnnbs/toileu - Bonita Villa has long been a community issue. pepair<nerration ord inunagcdbaths arround woundtubs/toilets • Crime/police involvement _ • Casework in kitchens and baths „ Reseeding lawn and cleanup of landscape • Drug activity Repairing roofaad eeterior draMnlresystem of • • Lack of regular maintenance and management recreation building . Repeidrrylace gutters along tarpons _ # • Fatal fire in December, 2000. • • Repairs to balconies and medor drainage systems n 'Prior to acquisition, site was identified in inspection as'Yypical of buildings ofthis age [33 years], with deferred maintenance." a •Originally, 20 units were identified for immediate rehabilitation a a What we discovered y What we've done... ' ✓Bonita Villa had more deferred maintenance. i 9 and other issues than originally known: a - Broken sewer pipes, water mains, sump pumps needed a W~ - _ _ _ - _ - Extensive dry-rot in floors and walls a - Security and patrol needed - Asbestos abatement ; - Many items in original budget cost more than s anticipated ' - 64 units were in immediate need of rehabilitation (instead of the 20 originally planned). ' , >,b •a,d.r 1 Before and After Before and After Exterior of buildings and lawn Trash receptacle area =ski,. y. i ` II k - Before • i i11~9 , i',1Atte[ Before and After Before and After Perimeter fence ° Community Room After - Interior ; x(. e .r Before and After Before and After ' Unit Interiors Exterior Center Walkway (still in progress) 4,5 w: I y 2 _ z Before and After . ' A Cleaner, Safer Bonita Villa ' Resident Mailboxes _ ✓Upon acquisition, approximately 300 yards of debris were removed from the site. o ✓A significant reduction in criminal activity _ y has occurred! -Tigard Police reports a 66% reduction in Apartment Incident Cards (AICs) at Bonita Villa since last year 31 incidents between 7/1/02 -12/31/02 v only 1 I incidents between 1/1/03 - 5119/03 Where we are today.,. ; What's our plan? ' ✓ Work remaining: ' ✓DHS has no additional funds at this time to Remaining work complete the project m Roof replacement and exterior $ 225,000.00 ✓DHS does not receive County General - Funds • Rehabilitation of 32 units, at a cost of $ 275,000.00 a roximatel $9,500 each Less remaining funds o ✓The Department plans to apply for HOME Amount needed to complete Bonita Villa Rehabilitation $ tsoo,ooo.oo> funds in the amount of $500,000 a , ti a ` y What can the City of Tigard do? ' C 7 fo ✓Provide support for the Bonita Villa ' Rehabilitation Project HOME Application - ' Thank you. y 3 1 9 } 4 A, i r 3 AGENDA ITEM No. 8 Date: July 22, 2003 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) TO ESTABLISH SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 - PORTIONS OF SW MURDOCK STREET AND 1007" AVENUE Due to Time Constraints City Council May Impose L A Time Limit on Testimony r j I:WDM\GREER\CCSIGNUP\PH TESTMNY FORM SAN SEWER DISTMOC 0 9 u e AGENDA ITEM No. 8 Date: July 22, 2003 PLEASE PRINT Proponent - (Speaking In Favor Opponent - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 174nieI Cew"w ~w /n e-Lt S lso(,s sw Sgt q7~~ SLJ :T.ve3 5T s~ ~j G 3 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. e Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 1 I i AGENDA ITEM # FOR AGENDA OF July 22 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitya Sewer Reimbursement District No. 27 (SW Murdock Street 100`h Avenue) ,Vh,S PREPARED BY: G. Berry DEPT HEAD OK CITY MGR OK VA~ ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to seventy lots within the area bounded by SW 96`h and 103rd Avenues and SW Murdock and Sattler Streets. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,435 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. This item was originally scheduled for City Council consideration on June 24, 2003. However, on June 10, 2003, City Council directed that a neighborhood meeting should precede a request to City Council to form a i reimbursement district. The purpose of the meeting is to provide owners within the proposed district with an r opportunity to ask questions and submit comments. The meeting for this proposed district is scheduled for July 10, 2003, as described in the attached meeting notice mailed to each owner. The results of the meeting will be briefly summarized during the staff report. D 1 Also attached are two letters from owners requesting that any required payment of the reimbursement fee in excess i of $15,000 be deferred until partitioning of the owner's lot. The current Incentive Program, Resolution No. 01-46 (attached), limits this fee to $6,000 to the extent that it does not exceed $15,000 per owner for connections completed within three years of final approval of the City Engineer's Report. For most owners, the assigned reimbursement fee is less than $15,000 and the owner's cost is limited to $6,000 if the connection to the house is completed within the three year period. However, since the fee is based on lot size, owners of large lots may be assigned a reimbursement fee that exceeds $15,000 and would be required to pay an additional amount to connect their house to the sewer. This results in the payment of widely different fees for service to houses. Deferring any required payment of the reimbursement fee in excess of $15,000 until partitioning of the lot would make the Incentive Program more equitable. An amendment to the Incentive Program to accomplish this will be submitted for Council consideration. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map VicinityMap Notice to Owners Mailing List Estimated Cost to Property Owners Letter Notifying Owners of Schedule Change Notice of July 10, 2003, Neighborhood Meeting L Letter from Richard Barton, June 24, 2003 C Letter from the Winston Family, June 26, 2003. Resolution No. 01 - 46 FISCAL NOTES j The estimated project cost is $666,300 and funding is by unrestricted sanitary sewer funds. I:1ENG12002.2003 FY CIM100th & Murdock Sanitary Rcnmbursetnent DistrictTity Council Agenda ofTormation\AGENDA ITEM SUMMARY est julu 22.doc CITY OF TIGARD, OREGON RESOLUTION NO. 03- A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 (SW MURDOCK STREET; 98T", 100Tn AV.; DARMEL, MARILYN CT.) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 27", attached hereto as Exhibit A, is hereby approved. SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 27, Murdock Street, 100`x' Av." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. SECTION 6 This resolution is effective upon passage. r PASSED: This day of 2003. J Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 03- Page 1 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 27 (SW Murdock Street; 98th, 100th Av.; Darmel, Marilyn Ct.) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee that is currently $2,435 and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the proposed district will require four extensions from existing sewers as shown on Exhibit Map B: West from SW Murdock St. and 98th Av. North and west from SW Darmel Ct. and 96th Av. North from SW Lady Marion Dr. and 100th Av. North from SW Sattler St. and 98th Av. The proposed project would provide sewer service to seventy lots as shown on Exhibit Map B. Three areas within the area of the proposed district are not recommended to be included in the district. The first area includes the six lots that are accessed through Peppertree Lane, a private street. Public sewers could be installed in 6 the private street by relying on a public utility easement in the street. However, this is a recent subdivision and there is limited owner interest in connecting to the proposed sewer. A public sewer in SW 100th Avenue would be extended to the private street that could provide service to these lots by a future project. A p second area is two adjacent vacant lots that front to the south side of SW Murdock Street west of SW 981t' Avenue. Most of the area within these lots is ► too low to be served by the proposed sewer. Easements and additional public r sewers may be required to develop the lots. Finally, the tree farm east of SW 103`d Avenue is not proposed to be included in the district. Development of this lot will require construction of additional public streets with sewers installed to serve the development. Cost The estimated cost for the sanitary sewer construction is $587,050. Engineering and inspection fees amount to $79,250 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $666,300. This is the amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,435 connection and inspection fee when connection to the public line is made. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R-3.5 but vary in lot size from 0.31 acres to 1.69 acres as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided among the seventy properties proportional to the square footage of each property. Four of the lots have driveways that do not contribute to the buildable area of the lot. The area of each driveway was deducted from the total corresponding lot area to arrive at an adjusted lot area used to assign a proportional share as shown on Exhibit Map B. Resolution 01- 46 limits this fee to $6,000 to the extent that is does not exceed $15,000 per owner for connections completed within three years of final approval of the City Engineer's Report. Other reimbursement methods. include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $0.51 L per square foot of the lot served. Each owner's fair share would be limited Y to $6,000 to the extent that it does not exceed $15,000, for connections n completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution a 0146 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted July 8, 2003 "gin P. Duenas, P.E. Cit ngineer l.\ENGG2002.2003 FY CIP\1" & Murdock Sanitary Reimbursement DlstrlcACRy Council Agenda offoimatloMEtepon EsW lsb July 22.doc L J 9 u I I yn 2S111C600101 a U 10250 SW MURDOCK g N ~y 1RV/NO JAMES A I a p 1~ 2S111CB2010J - 10200 SW MURDOCK v I D ~FOSI'ER CRAIG A - Qvr 0 15682 SF' a - - ~ o III f I C 2 IT1CB00104 - - - N ACANT LOT m LEXANX, , RONALD c i 7 A 0150 SW MURDOCK 2 - - - - - - - 15682 SF N Z3 aAr°~ SU1C800f02 0 ^ cvn = N to 0150 SW MURDOCK 2SI 118CO2503 ~ o t, o LEXANDER RONALD 10115 SW MURDOCK N rn ~ ~ m 1558? MAYS KENNETH W " y7 a o - - 14810 SF - O i 2S111C802000 _ O C a a 0070 SW IURDOCK V A G rn THR1E DONALD Z f p,~ n a ' Nyow Z m w -(ZE a til ;!w 2s1Y1ce02100 VACANT LOT p --I o° o° o o °o $ GUTHRIE DONALD Z , -Igo DOCK A i I F 10070 SW MURK y ~a sa a J 16117W 100TH AVE _ b H - x o °o N IKKEBE:RWAL 801 - - - (D I - 9980 SW TER~K ST 251f18 000320 w O o b ^ c: 0 02 SF 4720 SW 100TH e _ _ _ SLEEGER, PRESTON A N a^ y S111B001700 15246 SF 930 SW MURDO K _ a a YAN SCOTT PA /C - f o Sr 2S11I6DOO320 1309 rTl -i 9935 SW MURDOC 0 RILEY DANIEL C Z m 7 15682 sr rq - ° cc - l7 ~2S11IBDO0318 ;9905 SW MURDOCK (7 LEDBETTER RICHAR X + 15682 Sr L4 2S1118DO1600 ;(A 9862 SW MURDOCK ST N N LU 27878 W I2Sff18DODJI7 9875 SW MURDOCK MURPHY EDWARD J Z II 15662 SF Q 2S1116D00316 N 1 9845 SW MURDOCK v CASE GLENN W Iwo Sr 98 H AVE LEGIBILITY STRIP 100TH AVENUE & MURDO TDISTRICT NO. 27 SANITARY SEWER IMPROVEMENTS REIMBURSEMENT 001514 ~ - - -7 t-'. 14950 SW 1007N AVEi - - RIVE RMAN WILLIAM E i 16988 SF - - 1 251118DO1513 i;;;CB02500 14980 SW 100774 A O 14977 SW 100TH A VE; KNEZ JOHN S JR NESS DYANN E Z~, ~ 16988 SF -1 I ~ LJ' 17424 SF - - - - , - - PEPPER REE - - 2SI11C801600 - - - - ' _ 15025 SW 1007H AVE g5111CA15100 4000 2S111C801601 15055 SW 1007H AVE KALLSTROM EVELM LOUIS 15040 SW 100TH A - - SLAUGHTER JOHN A DAMSON STEPHEN AA FV 43124 SF 15246 SF 33789 SF 2S111CA15000 15060 SW 100TH A \ I - COMEGYS DONALD L ~ 15246 SFF ! I ^ - - - LADY MARION DR 10 V, Ih - ,°v Q0- -3~ w ,3~ mo ~i Q3> o., vyW Q Q3cr v5W 3Q b, Z ingv y~WO vi Zo I hW~ I Z LJ.1 i NO~~ N~>~ NOW NOi V1 I Nam i > - a SATTLER O I Sl11CA00800 2S111CA00700~ 9880 ATTLER SW SATTLE - O ! 9900 SW S MITTELSTEDT DA L EVEN MARC ROBER> MITT - ~ I ~ 27443 SF 19166 SF \Y^ T. A IN DETERMINING LOT SIZE EXHIBIT MAP Pa e 2 Zone - R3.5 - EXCLUDED ARE NTS 100TH AVENUE & MURDOCK STREET SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT NO. 27 MURDOCK ST i 2SI118DO1603 ~25111BDOO5O8 14785 SW 98TH AVE 14780 SW 98TH A f CORRIGAN PATRICK H THORNBURG PHILI B ~ I 20909 SF 14375 SF ~2S111BDO1601 14820 SW 98TH A 14815 SW 987H AV£' ETZEL PATRICIA L C~ - ~j ROGERS MICHAEL R ST j reelo SF I 1437.5 -W 251118001602 ~ 2SI11BDOOSDf 14665 SW 98TH AVE > 14860 SW 987H A MORLAN DENNIS M Q BENJAMIN WARD A W G-T _ JO928 SF 14375 SF i 251118DO1509 °o ' virQz ova ~q~ TEMPLETON Z511f8DOO5O4 Q 1 o 14905 SW 98TH AVE 14900 SW 98TH AVE o ° vii 2 $ 3 (n 25f00 SW 403 ROTHSCHILD KEITH S ' iMiLLER DAND L myz ^ \ m~ m2 j RODGERSKENNE A ELEihENTQfiY 20038 SF 14375 SF h o N m¢ J U 15246 SF UNI N a 2 SCHOOL j251118000505 MARILY CT I4940 SW 98TH AVE a _ CT 14940 DO0407 j 4945 SW 987H AVE ;CIMPAN IONEL SW 96TH R£1T£NSTEIN ROBERT W! 14375 SF v e j POEHL HL£R EDWARD CARL j 19166 5F I o o a ' Z rn 4i w 15246 SF 2S1116001400 'Sl I IBDO0506 0 2 / m N W m C ! 24980 O0700 Z 14985 SW 98TH AVE X 14980 SW 98TH AVE ^ 1 96TH SW PE J LEITNER CINDY B ZROEMHILOT MARION N " h'o ? W ~ PALM ER H La. PLMER C E H PER REE 200.38 14375 SF 15246 SF - - co; EXHIBIT B (Paste Zone = R3.5 ws LEGIBILITY STRIP 100TH AVENUE & MURDOCK STREET DISTRICT NO. 27 SANITARY SEWER IMPROVEMENTS REIMBURSEMENT TION 1 1, T2S R1 W• W•M- OF A PORTION OF THE SW 1 /4 AND NW 1 /4 N l Mc DONALD ST e` X 0 l off' L, _ PERT LADY MARION DR - e pT1Y,l'f. VICINITY MAP NTS June 10, 2003 NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, JUNE 24, 2003 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 27. (SW Murdock Street, 100th Avenue) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Murdock Street, 100th Avenue. Both public oral and written testimony is invited. a The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. i i Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503 639-4171 extension 2468 or at www.ci.tigard.or.us. Proposed Sanitary Sewer Reimbursement District No. 27 (SW Murdock Street, 100th Avenue) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share of the public sewer line is $0.51 per square foot of the lot to be served. There are four lots that have long driveways. The areas of these driveways do not contribute to the buildable area of the lots and are not included in the total lot area. The areas deducted from these lots are; 6,222 square feet from 9750 SW Inez Street, 3,915 square feet from 14915 and 14925 SW 100`h Avenue, and 12,914 square feet from 15025 SW 100`h Avenue. The attached table shows lot areas with these deductions. The estimated costs will be revised once construction is completed and final costs are determined. An annual increase of 6.05% simple interest will also be applied to these amounts. The amount each property owner will be required to pay will be limited to $6,000 to the extent it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. The owner would also be required to pay a connection fee of $2,335 ($2435 effective July 1, 2003) at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. 100TH AVENUE do MURDOCK STREET SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT NO. 27 A PORTION OF THE SW 1/4 AND NW 1/4 OF SECTION 11, T2S RIW. W.M. " G~ _IL~J"t_il _~l w Dawn sr C Y L-F=1 i 1 C" UN VICINITY MAP "ATM ~n EM DCKrU t IIJrT 2SIlICB-00104 2S111CA-13400 ALEXANDER RONALD E COLLINS KELLY & MARY T FRASER-COLLINS KAREN 10150 SW MURDOCK ST 9670 SW DARMEL CT TIGARD, OR 97223 TIGARD, OR 97224 2S111C8-00102 2S111CA-15000 ALEXANDER RONALD E COMEGYS DONALD L IDA J MARY T 15060 SW 100TH 10150 SW MURDOCK TIGARD, OR 97223 TIGARD, OR 97223 2S111CA-13900 2S711BC-02503 AMODEO RICHARD D AND WANDA M CORLISS JAMES UCORA K 9765 SW SATTLER ST 9750 SW INEZ TIGARD, OR 97224 TIGARD, OR 97224 2S111CA•14400 2S111BD-01603 BANKHEAD PHILIP W & RHONDA R CORRIGAN PATRICK H & KAREN A 15105 SW 98TH AVE 14785 SW 98TH AVE TIGARD, OR 97224 TIGARD, OR 97223 2S111CB-02600 2S111BC-02401 BARTON RICHARD M & DIANE M CROSS ROGER K III & CLARE E 14915 SW 100TH AV 10155 SW MURDOCK ST TIGARD, OR 97223 TIGARD, OR 97224 2S111BD-00501 2S111CA-15100 BENJAMIN WARD AIKIMBERLY A DAVISON STEPHEN ANN 14860 SW 98TH AVE 15040 SW 100TH TIGARD, OR 97224 TIGARD, OR 97224 2S111CA-14000 2S111CA-14600 BODEA GHERASIM & ERVIN ROBERT J/KIM N & CARMEN A STARK JOHN ALAN/SUSAN A 15100 SW 98TH AVE 15662 SW PLEASANT VIEW CT TIGARD, OR 97224 TIGARD, OR 97224 2S111BD-01503 2S111CA-14100 1 BREITENSTEIN ROBERT W & ESTRADA JOSE L & OLIVIA J L' MARGARET M 15060 SW 98TH 14945 SW 98TH AVE TIGARD, OR 97223 i. TIGARD, OR 97224 J p 2S1118D-00316 2S1118D-00503 CASE GLENN W & MARGARET A ETZEL PATRICIA L 9845 SW MURDOCK ST 14820 SW 98TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S1118D-00505 2S111CA-00800 CIMPAN IONEL & AURELIA EVEN MARC ROBERT & 14940 SW 98TH AVE MICHELLE ANNE TIGARD, OR 97224 9900 SW SATTLER ST TIGARD, OR 97224 2S111CS-00103 2S111CA-14700 FOSTER CRAIG A & CAREN JONES MALCOLM Y AND 10200 SW MURDOCK ST JANICE KAY TIGARD, OR 97224 9885 SW SATTLER TIGARD, OR 97224 25111 BC-02500 2S i t ICB-01800 GALICH PATRICIA & KALLSTROM EVELYN LOUISE MITCHELL MICHAEL W J E 10205 SW MURDOCK ST 15025 SW 100TH TIGARD, OR 97224 TIGARD, OR 97224 2S111CA-14300 2S1118D-01513 GARNER DANIEL T AND KNEZ JOHN S JR & VICKI L ROSS PEGGY C 14980 SW 100TH AVE 15065 SW 98TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BD-00507 2S111BD-00318 GOLDEN CAROL JEAN & LEDBETTER RICHARD E & MARGARET LONELL DARRIUS 9905 SW MURDOCK ST 15020 SW 98TH TIGARD, OR 97224 TIGARD, OR 97224 2S111CS-02000 2S111BD-01400 GUTHRIE DONALD Z & SUSAN C LEITNER CINDY B 10070 SW MURDOCK ST 14985 SW 98TH TIGARD, OR 97224 TIGARD, OR 97224 2S111CB-02100 2S111BD-00412 GUTHRIE DONALD Z & SUSAN C LUNDSTROM RICHARD & NAILA 10070 SW MURDOCK ST 9700 SW MARILYN CT TIGARD, OR 97224 TIGARD, OR 97224 2S111 80-01519 2S111 BD-01600 HEINKE MICHAEL & CATHRYN LUSK JOHN D & GWEN E 14910 SW 100TH AVE 9862 SW MURDOCK ST TIGARD, OR 97224 TIGARD, OR 97224 28111 CB-02200 2S111 BC-02501 HINTZ LESTER W MAYS KENNETH W & KARLEEN R MARJORIE A 10115 SW MURDOCK ST q 14845 SW 100TH TIGARD, OR 97224 TIGARD, OR 97224 _J 2S111CB-00101 2S111BD-00504 IRVING JAMES A & KAREN D MILLER DAVID L AND 10250 SW MURDOCK ST JANICE A TIGARD, OR 97224 14900 SW 98TH TIGARD, OR 97223 257118D-00601 2S111CA-00700 JOHNSON KENNETH AND MITTELSTEDT DANIEL & WINONA V B DEBORAH 9880 SW SATTLER ST 9695 DARMEL COURT TIGARD, OR 97224 TIGARD, OR 97223 2S111CA-14800 2S111BD-00410 MOLATORE STEPHEN R & DEBRA L RICKER DEWEY E JR AND 9955 SW SATTLER ST SHERYL ANN TIGARD, OR 97224 9670 SW MARILYN COURT TIGARD, OR 97223 25111 BD-01602 2S 111 BD-00319 MORLAN DENNIS M & ANN T TRS RILEY DANIEL C 14865 SW 98TH ST 9935 SW MURDOCK ST TIGARD, OR 97224 TIGARD, OR 97224 2S1118D-00317 2S111 BD-01514 MURPHY EDWARD J AND DANA S RIVERMAN WILLIAM E INA 9875 SW MURDOCK ST 14950 SW 100TH TIGARD, OR 97224 TIGARD, OR 97223 2S111CB-02500 2S711BD4XMW NESS DYANN E RODDAN DELLA L 14977 SW 100TH AVE 9675 SW MARILYN COURT TIGARD, OR 97224 TIGARD, OR 97223 2S1118D-00409 2S111BD-00403 NICHOLSON SHANE & RODGERS KENNETH A AND NICHOLSON BRITTA WANDA M 14895 SW 96TH AVE 14900 SW 96TH TIGARD, OR 97224 TIGARD, OR 97223 28111BD-01801 2SI11BD-00506 ODELL ROBERT CHARLOTTE ROEMHILDT MARION 14850 SW 100TH 14980 SW 98TH ST TIGARD, OR 97224 TIGARD, OR 97224 2S111CA-14200 25111 DD-01601 ONNIS DORIS A/ROBERTO ROGERS MICHAEL R & ELIZABETH A 15025 SW 98TH AVE 14815 SW 98TH TIGARD, OR 97223 TIGARD, OR 97224 25711 BD-025111 BD-01509 L ONNI RIS A/ROBERTO ROTHSCHILD KEITH S 15 SW 98TH FRENI-ROTHSCHILD y CARD, OR 97223 JACQUELINE A y, 14905 SW 98TH AVE TIGARD, OR 97223 fl 2S11180-00700 28111BD-01700 PALMER CHARLES H AND RYAN SCOTT PATRICK j MARJORIE F 1711 NW 100TH ST 14980 SW NTH SEATTLE, WA 98177 TIGARD, OR 97224 2S1118D-00407 2S111CB-01601 POEHLER EDWARD CARL SLAUGHTER JOHN A BEATRICE MYRTLE J 15055 SW 100TH AVE 14940 SW 96TH AVE TIGARD, OR 97224 TIGARD, OR 9722.3 2SIIIBD-00320 2S111BD-00411 SLEEGER PRESTON A JR AND ZENZANO NELSON & KATHLEEN M KIMBERLY 14720 SW 100TH 14965 SW 96TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S11180-00414 SORENSEN JEROME H MARJORIE J 9705 SW MARILYN CT TIGARD, OR 97223 2S111CA-14500 STARKEY WILLIAM L & BONNIE K 9825 SW SATTLER ST TIGARD, OR 97223 2S111BD-00600 STONE GEORGE L JR HELEN 9665 SW DARMEL COURT TIGARD, OR 97224 2S111BD-00508 THORNBURG PHILIP B & BARBARA J 14780 SW 98TH AVE TIGARD, OR 97224 2S711CB-02300 TRAKUL STANLEY A 14885 SW 100TH AVE TIGARD, OR 97224 2S1116D-01802 WEBER WALTER N & FLORENCE J TRUSTEES 9980 SW MURDOCK TIGARD, OR 97223 2S111CB-02400 L WHEATLEY ROBERT W & WHEATLEY CATHERINE D & WEBER DELORES Y y 14945 SW 100TH AVE TIGARD, OR 97224 J 2S111CA-13300 WILCOX DALE G & NANCY A TRS u 9700 SW DARMEL CT TIGARD, OR 97224 2S111CB-02601 WINSTON MARK & ZSUZSANNA 14925 SW 100TH AVE TIGARD, OR 97224 100th & Murdock Sanitary Sewer Reimbursement District No. 27 Estimated Cost to Property Owners ESTIMATED OWNER TAX LOT SITE ADDRESS AREA(AC) AREA (S.F.) COST TO PROPERTY OWNER 1 CORLISS, JAMES UCORA K 2S111BC02503 VACANT/9750 SW INEZ 1.687 73485.72 $37,238.71 2 MAYS, KENNETH W & KARLEEN R 2SI11BC02501 10115 SW MURDOCK ST 0.340 14810.40 $7,505.13 3 GALICH, PATRICIA & 2S1118C02500 10205 SW MURDOCK ST 0.730 31798.80 $16,113.96 4 SLEEGER, PRESTON A JR AND 2S111BDO0320 14720 SW 100TH 0.350 15246.00 $7,725.87 5 RILEY, DANIEL C 2S111BD00319 9935 SW MURDOCK ST 0.360 15681.60 $7,946.61 6 LEDBETTER, RICHARD E & MARGARET 2S111BD00318 9905 SW MURDOCK ST 0.360 15681.60 $7,946.61 7 MURPHY, EDWARD J AND DANA S 2SI I IBDO0317 9875 SW MURDOCK ST 0.360 15681.60 $7,946.61 8 CASE, GLENN W & MARGARET A 2S 111BD00316 9845 SW MURDOCK ST 0.360 15681.60 $7,946.61 9 CROSS, ROGER K III & CLARE E 2SI l IBC02401 10155 SW MURDOCK ST 0.470 20473.20 $10,374.74 10 IRVING, JAMES A & KAREN D 2S111CB00101 10250 SW MURDOCK ST 0.360 15681.60 $7,946.61 11 FOSTER, CRAIG A & CAREN 2S111CB00103 10200 SW MURDOCK ST 0.360 15681.60 $7,946.61 12 ALEXANDER, RONALD E 2S111CB00104 VAC110150 SW MURDOCK ST 0,360 15681.60 $7,946.61 13 ALEXANDER, RONALD E 2S111CB00102 10150 SW MURDOCK 0.360 15681.60 $7,946.61 14 WEBER, WALTER N & 2S1I1BDO1802 9980 SW MURDOCK 0,450 19602.00 $9,933.27 15 GUTHRIE, DONALD Z & SUSAN C 2S 111CB02000 10070 SW MURDOCK ST 0.340 14810.40 $7,505.13 16 RYAN, SCOTT PATRICK 2SI I IBDO1700 9930 SW MURDOCK ST 0.320 13939.20 $7,063.66 17 GUTHRIE, DONALD Z & SUSAN C 2S111CB02100 VAC/10070 SW MURDOCK 0,370 16117.20 $8,167.35 18 THORNBURG, PHILIP B & BARBARA J 2S111BDO0508 14780 SW 98TH AVE 0.330 14374.80 $7,284.40 19 LUSK, JOHN D & GWEN E 2S111BD01600 9862 SW MURDOCK ST 0.640 27878.40 $14,127.31 20 CORRIGAN, PATRICK H & KAREN A 2S111BD01603 14785 SW 98TH AVE 0.480 20908.80 $10,595.48 21 ETZEL, PATRICIA L 2S111BDO0503 14820 SW 98TH AVE 0.330 14374.80 $7,284.40 22 ROGERS, MICHAEL R & ELIZABETH A 2S111BD01601 14815 SW 98TH 0.340 14810.40 $7,505.13 23 BARTON, RICHARD M & DIANE M 2SI11CB02600 14915 SW 100TH AV 0.972 42340.32 $21,455.85 24 HINTZ, LESTER W 2S111CB02200 14845 SW 100TH 0.380 16552.80 $8,388.09 25 ODELL, ROBERT CHARLOTTE 2SI118DO1801 14850 SW 100TH 0.530 23086.80 $11,699.18 26 MORLAN, DENNIS M & ANN T TRS 2S111BD01602 14865 SW 98TH ST 0.710 30927.60 $15,672.49 27 BENJAMIN, WARD A/KIMBERLY A 2S111BD00501 14860 SW 98TH AVE 0.330 14374.80 $7,284.40 28 TRAKUL, STANLEY A 2S 111CB02300 14885 SW 100TH AVE 0.380 16552.80 $8,388.09 29 SORENSEN, JEROME H 2SI11BDO0414 9705 SW MARILYN CT 0.330 14374.80 $7,284.40 30 RODDAN, DELLA L 2S111BDO0406 9675 SW MARILYN COURT 0.310 13503.60 $6,842.92 31 NICHOLSON, SHANE & 2S111BDO0409 14895 SW 96TH AVE 0.330 14374.80 $7,284.40 32 HEINKE, MICHAEL & CATHRYN 2SI I IBDO1519 14910 SW 100TH AVE 0.380 16552.80 $8,388.09 33 ROTHSCHILD, KEITH S 2S111BDO1509 14905 SW 98TH AVE 0.460 20037.60 $10,154.01 34 RODGERS, KENNETH A AND 2SI11BDO0403 14900 SW 96TH 0.350 15246.00 $7,725.87 35 MILLER, DAVID L AND 2S111BDO0504 14900 SW 98TH 0.330 14374.80 $7,284.40 36 WINSTON, MARK & ZSUZSANNA 2S111CB02601 14925 SW 100TH AVE 1.000 43560.00 $22,073.92 37 RIVERMAN, WILLIAM E INA 2S111BD01514 14950 SW 100TH 0.390 16988.40 $8,608.83 38 WHEATLEY, ROBERT W & 2S111CB02400 14945 SW 100TH AVE 0.380 16552.80 $8,388.09 39 POEHLER, EDWARD CARL 2S111BDO0407 14940 SW 96TH AVE 0.350 15246.00 $7,725.87 40 CIMPAN, IONEL & AURELIA 2S 111BDO0505 14940 SW 98TH AVE 0.330 14374.80 $7,284.40 41 BREITENSTEIN, ROBERT W & 2SI118DO1503 14945 SW 98TH AVE 0.440 19166.40 $9,712.53 42 LUNDSTROM, RICHARD & NAILA 2S111BD00412 9700 SW MARILYN CT 0.330 14374.80 $7,284.40 43 RICKER, DEWEY E JR AND 2S1116D00410 9670 SW MARILYN COURT 0.310 13503.60 $6,842.92 44 ZENZANO, NELSON & 2SI11BDO0411 14965 SW 96TH AVE 0.330 14374.80 $7,284.40 45 KNEZ, JOHN S JR & VICKI L 2S111BD01513 14980 SW 100TH AVE 0.390 16988.40 $8,608.83 46 NESS, DYANN E 2S 111CB02500 14977 SW 100TH AVE 0.400 17424.00 $8,829.57 47 ROEMHILDT, MARION 2S111BDO0506 14980 SW 98TH ST 0.330 14374.60 $7,264.40 48 PALMER, CHARLES H AND 2S 111BDO0700 14980 SW 96TH 0.350 15246.00 $7,725.87 49 LEITNER, CINDY B 2S111BDO1400 14985 SW 98TH 0.460 20037.60 $10,154.01 L 50 JOHNSON, KENNETH AND 2S111BDO0601 9695 DARMEL COURT 0.330 14374.80 $7,284.40 51 STONE, GEORGE L JR HELEN 2S111BDO0600 9665 SW DARMEL COURT 0.310 13503.60 $6,842.92 52 SLAUGHTER, JOHN A BEATRICE 2S111CB01601 15055 SW 100TH AVE 0.546 23783.76 $"2,052.36 n 53 KALLSTROM, EVELYN LOUISE 2S111CB01600 15025 SW 100TH 0.990 43124.40 $21,853.19 54 GOLDEN, CAROL JEAN & 2S111BDO0507 15020 SW 98TH 0.330 14374.80 $7,284.40 55 DAVISON, STEPHEN ANN 2S111CA15100 15040 SW 100TH 0.350 15246.00 $7,725.87 56 ONNIS, DORIS A/ROBERTO 23111CA14200 15025 SW 98TH AVE 0.400 17424.00 $8,829.57 57 ESTRADA, JOSE L & OLIVIA J 2S111CA14100 15060 SW 98TH 0.330 14374.80 $7,284.40 ' 58 WILCOX, DALE G & NANCY A TRS 2S 111CA13300 9700 SW DARMEL CT 0.320 13939.20 $7,063.66 59 COLLINS, KELLY & 2S111CA13400 9670 SW DARMEL CT 0.310 13503.60 $6,842.92 U 60 GARNER, DANIEL T AND 2S111CA14300 15065 SW 98TH AVE 0.430 18730.80 $9,491.79 61 BODEA, GHERASIM & 2S1 I1CA14000 15100 SW 98TH AVE 0.330 14374.80 $7,284.40 62 MOLATORE, STEPHEN R & DEBRA L 2S111CA'14800 9955 SW SATTLER ST 0.370 16117.20 $8,167.35 63 JONES, MALCOLM Y AND 2S111CA14700 9885 SW SATTLER 0.370 16117.20 $8,167.35 64 ERVIN, ROBERT J/KIM N & 2SI l ICA14600 9845 SW SATTLER ST 0.350 15246.00 $7,725.87 65 STARKEY, WILLIAM L & BONNIE K 2S111CA14500 9825 SW SATTLER ST 0.360 15681.60 $7,946.61 66 BANKHEAD, PHILIP W & RHONDA R 2S111CA14400 15105 SW 98TH AVE 0.370 16117.20 $8,167.35 67 AMODEO, RICHARD D AND WANDA M 2S111CA13900 9765 SW SATTLER ST 0.330 14374.80 $7,284.40 68 EVEN, MARC ROBERT & 2S 111CA00800 9900 SW SATTLER ST 0.630 27442.80 $13,906.57 69 MITTELSTEDT, DANIEL & WINONA V B 2SI l ICA00700 9880 SW SATTLER ST 0.440 19166.40 $9,712.53 70 COMEGYS, DONALD L IDA J 2S111CA15000 15060 SW 100TH 0.350 15246.00 $7,725.87 TOTALS 30.185 1314858.60 $666,301 Property Owners Proposed Sanitary Sewer Reimbursement Districts No. 27 (SW Murdock Street, 100th Avenue) The City of Tigard is conducting a Neighborhood Meeting to discuss and answer questions regarding proposed Sanitary Sewer Reimbursement District No. 27. The June 24, 2003, Informational Hearing of which you received notice has been cancelled and will be rescheduled following this meeting. You will be notified of the rescheduled hearing date. Attached are the following: • Notice of Neighborhood Meeting (July 10, 2003) • Citywide Sewer Extension Program Summary • Estimated Cost to Owners. At this neighborhood meeting, City staff will be available to answer questions and receive comments on the proposed sewer reimbursement district to provide your neighborhood with sewer service. The proposed project is part of the Citywide Sewer Extension Program that is intended to extend service throughout the City by 2006. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. This resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Each owner would be required to pay a connection fee of $2,435 at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. There is no requirement to connect to the sewer or to pay any fees until the owner chooses to connect to the sewer. G AGUSTIN P. DUENAS, P.E. City Engineer 1: 1ENOIGRWReimbursetnent Districts\27 Murdock, 100thWeighborhood Meeting July 1011eticr to owners for July 10.doc CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-639-4171 Fax: 503-624-0752 June 19, 2003 NOTICE Neighborhood Meeting Thursday, July 10, 2003 AT 6:30 PM IN THE AUDITORIUM OF THE TIGARD WATER BUILDING 8777 SW BURNHAM STREET (Northwest corner Burnham St. and Hall Blvd.) TIGARD OR 97223 Proposed Sanitary Sewer Reimbursement District No. 27. (SW Murdock Street, 100th Avenue) Agenda L R 6:30 P.M. City staff will be available to answer questions a 7:00 P.M. Presentation on the Citywide Sewer Extension Program 7:30 P.M. Staff will answer questions and receive comments on the proposed 3 options. 0 The June 24, 2003, Informational Hearing of which you received notice has been cancelled and will be rescheduled following this meeting. 19ENGWEG\Relmbursemenl Distdcts\27 Murdock, 100th\Nelghborhood Meeting July 10\Nollce July 10 03 meeting.doc i r. q■ py 97201 metropolitan Presort, Inc. 97202 937 N.W. Glisan Street Poriiand, OR 97209-3214 97203 (503) 224-7230 9 FAX (503) 224-5952 EMAIL: mailer@metropresort.com RECEIVED C.O.T. June 24, 2003 JUN 2 5 2003 Administration Mayor and City Council 13125 SW Hall Tigard Oregon 97223 RE: Reimbursement District No. 27 Dear Mayor and Council Members: Please accept this letter as testimony in lieu of my not being able to attend the scheduled meeting of July l0a'. I would like to promote the idea of deferring payment in excess of $15,000 until partitions are requested. Some of the properties have enough square footage to potentially divide. However, whether owners choose to divide their property remains to be seen. If the purpose is to connect citizens to the sewer then let's assess them for one residence not multiple sites than may never exist. Thank you for your consideration of this matter. Sincerely, Richard Barton President i i r i Copies to: Mayor/Council's Other: City Manager ✓ 6us D, Ccuncil File saving time and money by presorting and barcoding mail Copies to: Mayor/Council ✓ Other: CVY City Manager L &"b Council File ✓ G ann~ A June 26, 2003 Mayor and City Council 13125 SW Hall 3 (j T Tigard, Oregon 97223 RE: Reimbursement District No. 27 StrC1401? Dear Mayor and Council Members: Please accept this letter as testimony in lieu of us not being able to attend the scheduled meeting of July l0a'. We are asking to see if there is a possibility of deferring payment in excess of $15,000 until larger lot owners are applying to partition their properties. For example in our case we are not planning on dividing our lot since would cut down on quality of life. As stands today it would cost us approx $20,000 to hook our one family home to sewer when we have plenty of life left in our septic system. It is simply unaffordable. If the purpose of this project is to connect citizens to the sewer then let's assess them for one residence and not for multiple sites which may never exist. Thank you for your time and consideration in this matter. Sincerely, The Winston Family a at J _m W J r CITY OF TIGARD, OREGON RESOLUTION NO.01-' / A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMURSEMENT DISTRICT UgCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that! SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program io hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided .%rough the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this pnograrn must be completed within a three years after Council approval of the final City Engineer's Report following a p~ public hearing conducted in accordance with TMC Section 13.09.105 or by two years N from the date this resolution is passed, which ever is later, as shown on the attached Table 1. J m SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot J zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01- ~ Page I i sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shalt apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the fimding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This .1 b V day of 2001. ayor Ci of 'and ATTEST: i Recorder - City of 'and a, s. r:1Ca ywidR6 RxWufiw Revising the NeighbodumJ Sewn Incrnuve Pmpm D u RESOLUTION NO.01 J& Page 2 TABLE Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS 'TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 ----,2003 106TH & JOHNSON No.12 5,598 No reimbursement available 100T" & INEZ No.13 8,000 -----,2003 WALNUT & TIEDEMAN No.14 8,000 -----,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available DELMONTE No. 16 8,000 -----,2003 OWARA No. 17 8,000 ---,2003 rWALNUT & 121ST No.18 - Amount to be reimbursed will be Three years from service availability 2 'ROSE VISTA No.20 - determined once final costs are determined. * Currently being constructed