City Council Packet - 09/10/1991
CITY OF TIGARD
AGENDA OREGON
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 Administrator.
5:30
STUDY SESSION (5:30 P.M.)
- Council Discussion: Selection process for Council Position 3 which will become vacant
October 1, 1991
7:30
1. BUSINESS MEETING (7:30 P.M.))
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
7:35
2. PRESENTATIONS:
• Special Acknowledgement - to Don Moen for Planning Commisison Service
Mayor Edwards
• Proclamation: Oregon Recycling Awareness Week - October 5-12, 1991
- Mayor Edwards
7:50
3. VISITOR'S AGENDA (Two Minutes or Less, Please)
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8:00
4. 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:
4.1 Approve City Council Minutes: August 13 and 28, 1991 Meeting
4.2 Receive and File: Council Calendar
4.3 Local Contract Review Board: Award Bid to Bruce Chevrolet for Two Dump Trucks
8:05
5. CONSIDERATION OF FINAL ORDER - SIGN CODE EXCEPTION - SCE 90-05/VAR 90-27 -
SHER`IVOOD INN APPEAL
• Staff Report - Community Development Department
• Council Discussion and Comments ' I
• Council Deliberation: Resolution No. 91
8:20
6. CONSIDERATION OF NO PARKING ORDINANCE ON A PORTION OF HIGHLAND STREET
• Staff Report: Police Department and Engineering Department
• Council Consideration: Ordinance No. Ic
8:35
7. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 91-0016 BRAJAVICH (NPO #3)
A request to annex one parcel consisting of 0.36 acres to the City of Tigard and to change the
zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-7 (Residential,
7 units/acre) ZONE: Washington County R-6 (Residential, 6 units/acre) LOCATION: 13440
SW Howard Drive (WCTM 2S1 3CA, 1700) APPLICABLE REVIEW CRITERIA: Community
Development sections 18.32.020, 18.32.040, 18.32.130, 18.36.030, 18.136, 18.138, 18.138.020
(A) (B); Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1,10.3.2.
• Open Public Hearing
• Declarations or Challenges
• Staff Report - Community Development Department
• Public Testimony:
- NPO 3
- Proponents (Speaking for Annexation)
- Opponents (Speaking Against Annexation)
- Additional Testimony
• Staff: Response to Testimony and Recommendation to Council
• Council Questions or Comments
• Close Public Hearing
• Consideration by Council: Resolution No. 91-15; Ordinance No. 91=`e
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COUNCIL AGENDA - SEPTEMBER 10, 1991 - PAGE 2
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8:55
C 8. APPEAL HEARING - SITE DEVELOPMENT REVIEW SDR 91-0005 VARIANCE 91-0010
DOLAN/MENDEZ (NPO 1) An appeal by John Dolan of a Planning Commission decision to
deny a requested variance subject to conditions requiring the applicant to: (1) dedicate to the
City as greenway all property within the 100 year flood plain; (2) dedicate property 15 feet above
the 150 foot floodplain boundary for a pathway; (3) survey the boundaries of the dedication; and
(4) remove a roof sign within 45 days of the issuance of an occupancy permit for the new
building. Z NE: CBD-AA (Central Business District zone with the Action Area overlay zone).
LOCATION: 12520 SW Main Street (WCTM 2S1 2AC, tax lot 700) APPLICABLE APPROVAL
CRITERIA: Community Development Code chapters 18.32,18.66,18.86,18.100,18.102,18.106,
18.108, 18.114, 18.120, 18.134; the Parks Master Plan for Fanno Creek Park, and the City of
Tigard Master Drainage Plan.
• Open Public Hearing
• Declarations or Challenges
• Staff Report - Community Development Department
• Public Testimony:
- NPO1
- Proponents (Speaking for Appeal)
- Opponents (Speaking Against Appeal)
- Additional Testimony
• Staff: Response to Testimony and Recommendation to Council
• Council Questions or Comments
• Close Public Hearing
• Consideration by Council: Resolution No. 91- lv(p
9:35
9. ZONING ORDINANCE AMENDMENT ZOA 91-0001 A proposal to amend and repeal various
provisions of the Community Development Code pertaining to the Central Business District
(CBD) including: repealing Section 18.86 (Action Areas) and amending Sections 18.42.0209
C.6.h. (Automotive and Equipment: Sales/Rentals Ught Equipment); 18.66.030 (Permitted
Uses); 18.66.040 A. (Conditional Uses); 18.66.060 A.1. (Additional Requirements); 18.66.070
(Interim Requirements); and 18.130.150 C.23.a & 29.a. (Applicable Zone)
• Open Public Hearing
• Declarations or Challenges
• Staff Report - Community Development Department
• Public Testimony:
- Proponents (Speaking for Amendments)
Opponents (Speaking Against Amendmants)
Additional Testimony
• Staff: Response to Testimony and Recommendation to Council
• Council Questions or Comments
• Close Public Hearing
• Consideration by Council: Ordinance No. 91 ~b
COUNCIL AGENDA - SEPTEMBER 10, 1991 - PAGE 3
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9:45'
10. CONSIDERATION OF CUSTOMER SERVICE STATEMENT
• Staff Report: City Administrator
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115 NON-AGENDA ITEMS
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1. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the
provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property
transactions, current and pending litigation issues.
10.20
13. ADJOURNMENT
H:REC0RDER\CCA\CCA910.91
COUNCIL AGENDA - SEPTEMBER 10, 1991 - PAGE 4
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Council Agenda Item
T I G A R D C I T Y C O U N C I L
MEETING MINUTES - SEPTEMBER 10, 1991
• Meeting was called to order at 5:35 p.m. by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Carolyn
Eadon (arrived at 6:42 p.m.), Valerie Johnson, Joe Kasten and
John Schwartz. Staff Present: Patrick Reilly, City
Administrator; Ron Goodpaster, Chief of Police; Ed Murphy,
Community Development Director; Jim Coleman, Legal Counsel;
and Catherine Wheatley, City Recorder.
STUDY SESSION
• Discussion on Interim Councilor Selection - City Administrator
and council reviewed recommendations for interim Councilor
selection criteria and process (see memorandum from City
Administrator to Council dated 9/4/91 filed with packet
material). Council decided to hold a special meeting on
September 30 at 6:30 p.m. to review letters of application
from potential candidates and to select three to five persons
for interviews. Candidate interviews will be conducted on
October 7 at 6:30 p.m.
• Council Calendar and Miscellaneous Discussion Items:
- A Council dinner in honor of Councilor Eadon will be held
on October 3, 1991, at 7 p.m. at the Harborside
Restaurant, Portland.
- Council training session is scheduled for November 1, 2,
and 3.
- Council discussed the 30th Birthday Celebration held
September 6-8. Consensus was that there had been a good
turnout of participants for a first-time event. Council
agreed that feedback should be collected and that there
is support for a similar event next year.
• Executive Session: The Tigard City Council went into
Executive Session at 5:50 p.m. under the provisions of ORS
192.660 (1) (d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
Council meeting reconvened at 6:00 p.m.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 1
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- FOCUS - City Administrator reported on efforts of the
FOCUS group. This group, consisting of administrators
and elected officials of general purpose governments in
the region, is creating a neutral forum for discussion of
common issues. There has been disagreement whether the
Metropolitan Service District should be invited to
participate at this stage. After discussion, Council
advised the City Administrator of their support to invite
METRO to participate in FOCUS.
(Councilor Eadon arrived - 6:42 p.m.)
- Agenda Review - Council reviewed the business agenda.
Council recessed 7:14 p.m.
Council reconvened 7:32 p.m.
2. PRESENTATIONS:
• Mayor Edwards presented a plaque and said words of
special acknowledgement to Don Moen for his Planning
Commission Service. The Mayor noted:
The City acknowledges, in grateful
appreciation, the many contributions
Donald Moen has made to the City of
Tigard. Further, the City Council
extends its heartfelt expression of
esteem to Don for his 11 years of service
on the Tigard Planning commission, with 7
of those years as Chairperson.
• Mayor Edwards proclaimed Oregon Recycling Awareness Week
- October 5-12, 1991.
3. VISITOR'S AGENDA
• Two persons were signed on the Visitor's Agenda testimony
sheet. Mr. Bill Kinney advised he wished to speak on the
Highland Drive Parking Ordinance Issue. Ms. Julia Tigard
noted she had testimony on the Sherwood Inn sign agenda
item. Mayor Edwards advised both individuals he would
allow them a few minutes to speak on their issue when the
Council reviewed that particular agenda item.
4. CONSENT AGENDA: Motion by Councilor Johnson, seconded by
Councilor Kasten to approve the following:
4.1 Approve Council Minutes: August 13 and 28, 1991 Meeting
4.2 Receive and File: Council Calendar
4.3 Local Contract Review Board: Award Bid to Brace
Chevrolet for Two Dump Trucks
The motion was approved by a unanimous vote of Council
present.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 2
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5. CONSIDERATION OF FINAL ORDER - SIGN CODE EXCEPTION - SCE 90-
05/VAR 90-27 - SHERWOOD INN APPEAL
a. Mayor noted the applicant would be allowed five minutes
to make a comment on this issue.
b. Community Development Director summarized the issue. He
referred to the Final Order now before the Council noting
it represented the Council's decision from the July 23,
1991, Council meeting.
C. Steve Abel, attorney for the applicant, requested
reconsideration of two issues: the sign size allowed and
the time limit for compliance (removing and replacing the
signs).
Mr. Abel displayed for council viewing overhead images
depicting current sign size in relationship to the
current proposal of 750 square feet as specified in the
ordinance (final order) before Council. He then showed
an overhead image of a sign scaled at 978 square feet
which would become workable for his client.
Mr. Abel said his client also requested a 4-5 year phase-
in period. He advised of a lease for the current signs
which would not expire until July 1993.
d. Council discussion followed. Mayor Edwards asked if
there was Council support for the requested 978 square
feet. Each Councilor advised they could not support the
request for square footage increase; however, an
extension of time for compliance to coincide with the
lease term was acceptable.
e. Julia Tigard of Royal Mobile Villa, Tigard, Oregon,
advised she thinks of the Sherwood Inn sign as a landmark
which identifies the freeway entrance to Tigard for
travelers. She contrasted the appearance of Pacific
Highway with this issue and advised of litore effort needed
to clean up along this route.
f. Lyle Suits, 7965 S.W. Fanno Creek Drive, Tigard, Oregon
advised he works at Hyster which is near the Sherwood
Inn's property. He advised that he, too, considers the
sign to be a landmark. Mr. Suits said he believes a
large sign is necessary for the motel business to attract
motorists from the freeway and that the survival of this
establishment depended on the signs.
g. Dave Shephard, a manufacturer from Tualatin, advised that
the sign has been there for a long time. He said the
C Council should not be "doing things" which could cause
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 3
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business to decrease. He noted this would not benefit
the cash flow to the community.
Legal Counsel Coleman advised that comments at this time
should not present new evidence for the record.
h. Don Belcher, resident of Tigard, said he does not want
the sign size reduced.
i. Don Moen, former Planning Commissioner President,
commented on the Planning Commission Final Order. He
referred to the sign code adoption, implementation and
amortization period, in place for all businesses. In
addition, he noted that businesses along the freeway were
given an exception option to exercise in their attempt to
attract freeway customers. He noted the need to be fair
to all businesses in interpreting the sign code.
j. Council discussed the testimony, presented by Mr. Abel
regarding the lease agreement expiration for the present
signs. After conferring with Legal Counsel, there was a
motion by Councilor Schwartz, seconded by Councilor
Kasten, to amend Condition No. 2 (Exhibit A of Resolution
No. 91-64, Page 7) to change the removal date of the
signs to July 8, 1993. The purpose of this amendment is
to provide that removal of the signs may coincide with
the expiration date of the lease for the signs. (Note:
City Legal counsel later determined the actual date of
the lease expiration is July 1, 1993.)
The motion was approved by a unanimous vote of Council
present.
k. RESOLUTION NO. 91-64 - IN THE MATTER OF THE ADOPTION OF
FINDINGS UPON CITY COUNCIL REVIEW OF AN APPEAL OF A
PLANNING COMMISSION DECISION TO APPROVE A SIGN CODE
EXCEPTION APPLICATION AND DENY A VARIANCE APPLICATION
(SCE 90-05/VAR 90-27) PROPOSED BY SHERWOOD INN (H.E.
FERRYMAN)
1. Motion by Councilor Kasten, seconded by Councilor
Schwartz, to approve Resolution No. 91-64 as amended; a
paragraph shall be added to the findings noting why the
amendment was made (Note: See Paragraph "ill above).
The motion was approved by a unanimous vote of Council
present.
M. Legal Counsel Coleman asked applicant's legal counsel to
supply City staff with a copy of the lease agreement for
the signs.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 4
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6. CONSIDERATION OF NO PARKING ORDINANCE ON A PORTION OF HIGHLAND
STREET
a. Chief of Police Goodpaster summarized the staff report.
The Summerfield Civic Association has requested that
parking be prohibited on a portion of Highland Drive in
order to improve safety. The area in question contains
two sharp curves.
Staff agrees that the prohibition of parking would
improve traffic safety. While the prohibition would
include a portion of the frontage of three homes, ample
on-street parking for visitors appears to be available
nearby on Highland Drive and the intersecting cul-de-sac.
Chief Goodpaster reviewed his investigation of this
situation which included an on-site visit and inspection
of the subject parking area. He advised he concurred
with the City Engineer's recommendation that a "No
Parking" area be established.
b. Testimony was received from Bill Kinney, 10435 S.W.
Highland Drive, Tigard, OR 97224. Mr. Kinney advised he
was in favor of a parking restriction on the "S" curve to
Highland Drive. He noted Summerfield residents have
ample parking in driveways and nearby areas to meet their
needs.
C. Council comment and discussion followed. Council
expressed concern about reducing parking area on Tigard
streets and questioned whether the area proposed for "No
Parking" was the minimum necessary for safety reasons.
Council noted an area which was designated "No Parking"
which could possibly continue to accommodate parking
safely.
d. Council consensus was to request the Chief of Police and
City Engineer review this issue again with a portion of
the "No Parking" area restored to allow parking. Council
will review the proposed ordinance on September 24, 1991.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 5
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7. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 91-0016
BRAJAVICH (NPO #3) A request to annex one parcel consisting
of 0.36 acres to the City of Tigard and to change the zone
from Washington County R-6 (Residential, 6 units/acre) to City
of Tigard R-7 (Residential, 7 units/acre) ZONE: Washington
County R-6 (Residential, 6 units/acre) LOCATION: 13440 SW
Howard Drive (WCTM 2S1 3CA, 1700) APPLICABLE REVIEW CRITERIA:
Community Development sections 18.32.020, 18.32.040,
18.32.130, 18.36.030, 18.136, 18.138, 18.138.020 (A) (B);
Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1,
10.2.2, 20.2.3, 10.3.1, 10.3.2.
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Community Development Director Murphy reviewed the staff
report as submitted in the Council meeting packet.
d. Public testimony: None.
e. Public hearing was closed.
f. Council comments: Councilor Johnson noted the annexation
would create another situation where service delivery
(i.e., police service) would mean that one would have to
leave and then come back into the City in order to reach
the property. She noted Council should look at the
annexation policy with regard to the problems created by
service delivery when it means going in and out of the
city.
g. RESOLUTION NO. 91-65 - A RESOLUTION INITIATING ANNEXATION
TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN
EXHIBIT "All AND OUTLINED IN EXHIBIT "B" ATTACHED (ZCA 91-
16) (BRAJAVICH AND JOHNSON).
Motion by Councilor Johnson, seconded by Councilor
Kasten, to adopt Resolution No. 91-65.
The motion was approved by a unanimous vote of Council
present.
h. ORDINANCE NO. 91-28 - AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91-16)
(BRAJAVICH AND JOHNSON) AND DECLARING AN EFFECTIVE DATE.
Motion by Councilor Schwartz, seconded by Councilor
Kasten, to adopt Ordinance No. 91-28.
The motion was approved by a unanimous vote of Council
present.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 6
8. APPEAL PUBLIC HEARING - SITE DEVELOPMENT REVIEW SDR 91-0005
VARIANCE 91-0010 DOLAN/MENDEZ (NPO 1) An appeal by John
Dolan of a Planning Commission decision to deny a requested
variance subject to conditions requiring the applicant to: (1)
dedicate to the City as greenway all property within the 100
year flood plain; (2) dedicate property 15 feet above the 150
foot floodplain boundary for a pathway; (3) survey the
boundaries of the dedication; and (4) remove a roof sign
within 45 days of the issuance of an occupancy permit for the
new building, ZONE: CBD-AA (Central Business District zone
with the Action Area overlay zone). LOCATION: 12520 SW Main
Street (47CTM 2S1 2AC, tax lot 700) APPLICABLE APPROVAL
CRITERIA: Community Development Code chapters 18.32, 18.66,
18.86, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.134;
the Parks Master Plan for Fanno Creek Park, and the City of
Tigard Master Drainage Plan.
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Community Development Director Murphy reviewed the staff
report as presented in the council meeting packet.
d. Public Testimony:
• Joseph Mendez, Attorney for Appellant, 1318 S.W.
Twelfth Avenue, Portland, Oregon, advised his
client had appealed a prior City decision on this
issue to the Land Use Board of Appeals but was
referred back to the City to apply for a variance.
Mr. Mendez advised that the requirement of the
dedication for the bikepath without compensation
represented an unlawful taking and represented a
violation of rights as stipulated in the United
States Constitution. In addition, his client
objects to the requirement to pay for a survey of
the property after giving the land away.
Mr. Mendez advised that the sign in question has
always been a "wall" sign and was recharacterized
in the Director's Decision as a "roof" sign.
e. Community Development Director Murphy commented on the
survey costs disputed by the appellant and noted the City
offered to combine effort on the part of the City and the
appellant to save costs.
Mr. Murphy recommended that the City Council adopt the
Resolution before them tonight and deny the appeal.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 7
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f. Council comments:
• Councilor Schwartz commented on the survey work
costs and asked if the proposed resolution before
the Council could be amended to share costs.
• Councilor Johnson advised she needed consultation
with Legal Counsel on an issue pertaining to the
subject of the appeal hearing.
After brief discussion on process, Legal Counsel
Coleman advised that a Executive Session could be
called. Mayor Edwards called a brief recess at
9:02 p.m. in to allow Legal Counsel an opportunity
to review State Statute to determine the section
under which an Executive Session could be called.
The meeting reconvened at 9:20 p.m.
Mayor Edwards called for an Executive Session at
9:20 p.m. under ORS 192.660 (1) (f) - To consider records
that are exempt from public inspection.
Council meeting reconvened at 9:35 p.m.
1.
g. There being no further comment from Council, Mayor
Edwards closed the public hearing.
h. RESOLUTION NO. 91-66 - IN THE MATTER OF THE ADOPTION OF
A FINAL ORDER UPON CITY COUNCIL REVIEW OF AN APPEAL OF A
PLANNING COMMISSION DECISION TO APPROVE A SITE
DEVELOPMENT REVIEW AND VARIANCE APPLICATION (SDR 91-0005,
VAR 91-00100) PROPOSED BY JOHN DOLAN.
i. Motion by Councilor Eadon, seconded by Councilor Kasten,
to adopt Resolution No. 91-66 based on the facts,
findings and conclusions contained in the Planning
Commission Final Order No. 91-09 PC; the Council noted
the burden of the survey should be minimized and the
appropriate amendment reflected in Resolution No. 91-66.
Resolution No. 91-66, as amended, was adopted by a
unanimous vote of Council present.
j. Legal Council Coleman advised that the following wording
on Page 25 of Exhibit A to Resolution No. 91-66 would be
deleted as this appeared to be a duplication of wording
contained in condition No. 5:
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 8
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(Condition No. 1) - "A monumented boundary survey
showing all new title lines, prepared by a
registered professional land surveyor, shall be
submitted to the City for review and approval prior
to recording."
In addition, Mr. Coleman noted the following wording
would be placed in the resolution in the enacting
"Therefore" clause:
"THEREFORE BE IT RESOLVED, that the requested
appeal is allowed in part and denied in part, and
the Planning Commission decision is upheld as
modified based upon the facts, findings, and
conclusions noted in Planning Commission Final
Order No. 91-09 PC (Exhibit 'A' as modified)."
9. ZONING ORDINANCE AMENDMENT ZOA 91-0001 A proposal to amend
and repeal various provisions of the Community Development
Code pertaining to the Central Business District (CBD)
including: repealing Section 18.86 (Action Areas) and
amending Sections 18.42.0209 C.6.h. (Automotive and Equipment:
Sales/Rentals Light Equipment); 18.66.030 (Permitted Uses);
18.66.040 A. (Conditional Uses); 18.66.060 A.I. (Additional
Requirements); 18.66.070 (Interim Requirements); and
18.130.150 C.23.a & 29.a. (Applicable Zone)
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Community Development Director summarized the staff
report as submitted in the Council meeting packet.
d. Public testimony: None.
e. Council questioned outdoor storage and screening and
whether there was adequate protection for existing uses
in the downtown area. After discussion, Council
consensus was to was to table the consideration of the
proposed ordinance until October 8, 1991.
10. CONSIDERATION OF CUSTOMER SERVICE STATEMENT
• City Administrator advised that staff had identified the
key values in the delivery of customer services. Mayor
Edwards read the Customer Service Statement:
CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 9
Setting the Standard for Service Excellence
We are committed to...
Participation
By Citizens and Employees Working Together
Responsiveness
In an Accurate and Timely Manner
Communication
With openness and clarity
Courtesy to All
Innovation
By Considering and Respecting New Ideas
Motion by Councilor Schwartz, seconded by Councilor
Kasten, to adopt the Customer Service Statement as
presented.
The motion was approved by a unanimous vote of Council
present.
11. NON-AGENDA ITEMS
• Councilor Johnson noted the recent, successful 30th
Birthday celebration. She said words of thanks to the
volunteers and City Staff for the organization and hard
C work which were put into the planning and execution of
the event.
Mayor Edwards said he hoped this was the first of many
celebrations.
12. ADJOURNMENT: 10:01 p.m.
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Att s Catherine Wheatley, City Rec der
Mayor, City of Tigard
Date:
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CITY COUNCIL MEETING MINUTES - SEPTEMBER 10, 1991 - PAGE 10
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TIMES PUBLISHING COMPANY "agal
P.O. BOX 370 PHONE (503) 684-0360 NoticeTr 7041
BEAVERTON. OREGON 97075 -
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Legal Notice Advertising The following will,be considetd by ttie Tigard Cats Council on: -
ber10 1991 at 7.30 PM at the Tigard Civic;Center, Town Aali Room,;
City of Tigard • 11 Tearsheet Noti 13125 S X Hall B1v4 , Tigard, Oregon Further uiforrniati0n may be ob-.
PO Box 23397 tamed from the CommunityDeveloprmnt Director or CityRecorder at the _
• Tigard, OR 97223 • 11 Duplicate Aff ida; same location cr by calking 639-4171; You are invited,to submit wnttenI .
testimony vande of the public lieanng, written and oiai testimony
willtiee considered ac the hearing The public hearm will be condi~eted in .
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entire issue of said newspaper for One successive and rgq>}ested vart~>k.-V1^11
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AFFIDAVIT
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r ~B 199 P.O. BOX 370 PHONE (503) 684.0360 Notfcjr 7043
SG~ BEAVERTON. OREGON 97075
01~ OF j,GPRD Legal Notice Advertising
The following meeting highlights are publisho-dibiyour ui 61mdon.tFull
-
• • 0 Tearsheet Notici agendas'may be obtained from the City Recorderv-13125~S.W. Half
Boulevard; Tigard, Ojcgon x:7223; or by calling 639=4171.
• ❑ • Duplicate Affida%
CITY;COUNCIL BUSINESS MEETING
Tigard, Or 97223 SEPTEMIBER Y0, 1941
• • TIGARD C1T _?HALL ` TOWN HAI3. ; 5
13125 S W:`HAll BOULfiVARD, 77,,",r).7"'. QX2EGt?N ~
Study hleedn own.Hall
g Cr Conference,~.Itoom),(S 3aP.IK.j f, t < t.:
Busuiess Meetm
AFFIDAVIT OF PUBLICATION ° g{TownHa'll)'(730P.M)
;Special Presentation to bon Moen far Planning Commission.
STATE OF OREGON, ) Service.
COUNTY OF WASHINGTON, )ss• Proclamation Oregon Recycling Week October 5 12,1991
I, Judith KOehler
Councilwill consider 4 y~
being first duly sworn, depose and sa that I am the Advertising °
Director, or his principal clerk, of the Tigard Times = Highlauid Street No Parking Ordinance
a newspaper of general cil:cVlatioq as defined in ORS 193.010 , rY `w` t i
and 193.020; Published at lgar in the Public Hearings f a
aforesaid count and state; that the ° Tigard Mumeipa! Amehdment~o;Centra! l3usmess~bistrict
city Council Business Meeting ' AFP~111t n of Plantu4g CommiasionrUecisiori 5t3t~
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a printed copy of which is hereto annexed, was published in the • Annexation;;CA 1"'~'~ g~ v 's3 t
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entire issue of said newspaper for One successive and IowardDrive 'r *f>r~~,..
consecutive in the following issues:
Executive Session~~,~
7 f;e Tigazd C,ty'Council;vill go into Executive Session'nnder'the
September 5, 1991 ~5 pto~i§ions of ORS 192.660 (e);'&h) tA`di'scuss labor
>relacions, real propcrtytransac bns; curre t`
"issues
Local contract, RejRview ~iigux
TTZ043 ,Publish
SeptemlbeNS
Subscribed and sworn to before me this5th day of September 1991
L_ OFFICIAL SEAL
ERLY B.
Notary Public for Oregon BEb' THOMAS NOTARY PU PUBL IC -OREGON
COMMISSION NO.000352
My Commission Expires: COMMISSION EXPIRES JULY 15,1994
AFFIDAVIT
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
/-a g
Ord l Y1 Ct.rte. A/0,
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I, aTt" MI-- A JA begin first duly
sworn, on oath depose and say:
That I posted in the followin public and conspicuous
places, a copy of ordinance Number(s) _ 4t- 2%
which were adopted at the Council
Meeting dated 1I[9 copy(s) of said ordinance(s) being
hereto attac ed an bbl reference made a.part hereof, on the
date of 1991.
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. Washington Federal Saving Bank, 12260 SW Main St.,
Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard,
Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99)
and SW Durham Road, Tigard, Oregon
M9A 1A
Subscribed and sworn to before me this ~h date of ,
19 j
41 9,Wr
NNotal~ry Public for Oregon
f
My Commission Expires:
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1
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CITY OF TIGARD, OREGON
ORDINANCE NO. 91-Q'F~
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91-
16) (BRAJAVICH) AND (JOHNSON) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for annexation signed by Nicholas and
Kim Brajavich, Sidney and Cheryl Johnson who are the owners of the subject
parcels; and
WHEREAS, The City Council held a public hearing on September 9th, 1991 to
consider the annexation request and to consider zoning designations for the
properties; and
WHEREAS, on September 9th, 1991 the City Council approved a resolution forwarding
the annexation to the Portland Metropolitan Area Local Government Boundary
Commission; and
WHEREAS, the zoning district designation recommended by the planning staff as set
forth in Section 1 below is that which most closely conforms to the Washington
County zoning designation as provided in the Washington County-Tigard Urban
Planning Area Agreement.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The recommendation of the planning staff as set forth below is
consistent with policy 10.1.2 and 10.1.3 of the City's
Comprehensive Plan.
Tax Map/Lot Number Current Zoning Proposed Zoning
2S1 3CA/1700 Wash. Co. R-6 Tigard R-4.5
2S1 3CA/1600 Wash. Co. R-6 Tigard R-4.5
Current Plan Designation Proposed Plan Designation
Wash. Co. R-6 Tigard Low Density Residential
dev vP,2d
Section 2: The properties meets the definition for a area as
defined in Chapter 18.138 of the Community Development Code and
shall be designated as such on the development standards area
map.
Section 3: This ordinance shall become effective upon filing of the
annexation final order with the office of the Secretary of State.
PASSED: By Un9A*1MZ5U5 vote of all Council members present after
being read by number and title only, this tl day of
Cath rine Wheatley, City order
APPROVED: This d day f , 199 .
E
ra d , Edwards, Mayor
Approved as to form:
Ci A orney
Date
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STAFF REPORT
September 10, 1991
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 S.W. HALL BOULEVARD
TIGARD, OREGON 97223
i
A. FACTS:
CASE: Zone Change Annexation 91-16
REQUEST: To annex two parcels consisting of 0.86 acres of
unincorporated Washington County into the City of Tigard, and
for zone change from Washington County R-6 (Residential, 6
units per acre) to City of Tigard R-4.5 (Residential, 4.5
units per acre).
COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6
units per acre.
ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per
acre).
APPLICANT: Nicholas and Kim Brajavich
13440 S.W. Howard Drive
Tigard, Oregon 97223
Sidney and Cheryl Johnson
13410 S.W. Howard Drive
Tigard, Oregon 97223
OWUERS: Nicholas and Kim Brajavich
13440 S.W. Howard Drive
Tigard, Oregon 97223
Sidney and Cheryl Johnson
13410 S.W. Howard Drive
Tigard, Oregon 97223
LOCATION: 13440 and 13410 S.W. Howard Drive, WCTH 281 3CA tax lots 1700
and 1600.
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2. Background Information
No previous applications have been reviewed by the City relating to
this property.
! ZCA 91-16 Staff Report 1
3. Vicinity Information
Property to the north of the site is in Washington County and is
developed as a single family residential lot. Property to the east
is developed as a single family residential home in Washington
County. All properties to the west are large single family lots in
Washington County. Property to the south is zoned Tigard R-4.5
(Residential, 4.5 units per acre). All other surrounding properties
are zoned Washington County R-6 (Residential, 6 units per acre).
4. Site Information and Proposal Description
The properties to be annexed have two single family residences with
the remainder of the properties undeveloped. Both properties slope
downward to the east. The properties are largely open with grass
and a few trees scattered throughout the properties.
The applicants requested that their parcels be annexed into the City
of Tigard in order to connect both residential properties to
sanitary sewer line.
5. Agency and NPO Comments
Portland General Electric, Tigard Water District, Tigard School
J1 District 23J, Tigard Police Department, Tigard Engineering
Department, Washington County Land Use and Transportation, and the
Tigard Building Division have reviewed the proposal and offer no
objections or comments.
The Tualatin Valley Fire and Rescue has the following comments:
The Fire district would encourage this type of annexation to gain
City services.
Northwest General Telephone and Electronics has the following
comments:
The applicants should contact GTE for specifications regarding
telephone. Any relocation costs for telephone facilities will be at
applicants expense. Applicants should allow 45-60 days for GTE
engineering to complete all work.
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B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan Policies
2.1.1, Citizen Involvement; 6.4.1, Developing Areas; 10.1.1, Service
Delivery Capacity; and 10.1.2, Boundary Criteria and chapters 18.136,
Annexations; and 18.138, Established/Developing Area Classification of the
Tigard Community Development Code. The planning staff has determined that
ZCA 91-16 Staff Report 2
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the proposal is consistent with the relevant portions of the Tigard
Comprehensive Plan based upon the findings noted below:
1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning
Organization and Community Planning Organization as well as
surrounding property owners were given notice of the hearing and an
opportunity to comment on the request.
2. Plan Policy 6.3.1 is satisfied because the annexation will be
designated as an established developed area on the development
standards map.
3. Plan Policy 10.1.1 is satisfied because the City has conducted the
Washington County Island Urban Services Study which includes the
subject property. This study as well as the comments from the
Police Department, and other service providers indicate that
adequate services are available in the vicinity and may be extended
to accommodate the subject property.
4. Plan Policy 10.1.2 is satisfied because although there is an
irregular boundary in this area, the annexation will not add to that
irregularity, the Police Department has been notified of this
request, the land is located within Tigard's Area Of Interest, and
adequate service capacities can be made available to accommodate the
eventual development of the property as noted above.
The planning staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based upon the
findings noted below:
1. Section 18.136.030 of the Code is met because all facilities and
services can be made available, the applicable Comprehensive Plan
policies discussed above have been satisfied and the property has
been determined to be a developing area in accordance with the
criteria in Chapter 18.138 of the Code.
The Urban Planning Area Agreement between the City and Washington
County requires that when annexing' land within the City's area of
interest, the City adopt a zone designation which most closely
resembles the County plan and zone designation. In this case, the
properties are designated in Washington County for single family
residential use with a minimum lot size of 5,000 square feet and a
maximum density of 6 units per acre. The City of Tigard Low Density
Residential plan designation and R-4.5 zone with a minimum lot size
requirement of 7,500 square feet and maximum density of 4.5 units
f per acre are the most comparable to the present County designation.
2. Chapter 18.138 of the Code is satisfied because the property meets
the definition for a developing area and shall be designated as such
on the development standards area map.
ZCA 91-16 Staff Report 3
f C. RECOMMENDATION
Based upon the findings noted above, the planning staff recommends
approval of ZCA 91-16, subject to the following condition:
1. The property shall be designated as a developing area on the
development standards map.
PREPARED BY:
Victor Adonri, Development Assistant Planner
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ZCA 91-16 Staff Report 4
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"EXHIBIT Al"
Legal Description
A. tract of land described as Lot 4 of the Woodcrest Subdivision as
recorded in Book 22 Page 18 in the records of Washington County,
situated the Southwest quarter of Section 3, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon.
annex
2s1,3ca-1700
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"EXHIBIT A2"
a:
Q`/1Legal Description
A tract of land described as Lot 5 of the Woodcrest Subdivision as j
recorded in Book 22 Page 18 in the records of Washington County,
situated the Southwest quarter of Section 3, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon.
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T co The Ci ty of
TIGARD
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Q Z C A 91-0016
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Add i t i o n a 1
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to zone
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nexation
P arcels
within
Tigard's
current
city limits
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AGENDA ITEM NO. - VISITOR'S AGENDA DATE:
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The
Council wishes to hear from you on other issues not on the agenda,
but asks that you first try to resolve your concerns through staff.
Please contact the City Administrator prior to the start of the
meeting. Thank you.
NAME & ADDRESS TOPIC STAFF CONTACTED
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AGENDA ITEM NO. DATE : q110 i cc I
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arc C,L t LCD - p o 3
PLEASE PRINT
NAME & ADDRESS ~NAME & ADDRESS
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Please sign in to testify on the following:
AGENDA ITEM NO. <Z DATE: ~ct
CA-
V o K,, -(,,cSL a A- o o► l~
PIMA.SE PRINT
NAME & ADDRESS NAME & ADDRESS
~ - rvl e e
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lfl Please sign in to testify on the following:
AGENDA ITEM NO. DATE :
PLEASE PRINT
NAME & ADDRESS NAME & ADDRESS
OQqo,
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MEMORANDUM
l
CITY OF TIGARD, OREGON
TO: Honorable Mayor and Council
FROM: Patrick J. Reilly, City Administratov~
DATE: September 4, 1991
SUBJECT: Selection of Interim Councilor
Attached please find a copy of a memorandum from Tim Ramis
providing timelines for the election process. Also attached is an
August 20 memorandum from Tim Ramis stating that a Council
"subcommittee" is a "governing body" for the purposes of the
Public Meetings Law. Therefore, subcommittee meetings are open to
the public except for discussion of executive session items as
authorized by statute.
The interim councilor's term will begin as soon as the appointment
is made after October 1st and will expire as soon as the certified
election results are received, probably April 7th. This results in
a six-month term.
RECOME321DATION:
I recommend the following process for selection of the interim city
councilor:
1. An advertisement be placed in the Times and Oregonian,
announcing the Council vacancy, stipulating the process
for the interim councilor selection and the March election
timelines. Include in this advertisement a deadline of
September 26th, 5 p.m., for submittal of letters of
interest to serve as interim councilor along with a
statement of qualifications.
2. On Saturday, September 28, the Council should meet to
select three to five candidates for interviews, which
would be scheduled for October 1st.
f 3. The appointment could be made as early as October 1,
immediately after the interviews or anytime subsequent.
4. The interim councilor's first meeting would be Oct 8.
i
4
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! CANDIDATE SELECTION:
I recommend that the person selected to serve in the interim
position meet the minimum qualifications set by the Charter for a
council candidate. Generally, the charter provides that a
prospective councilor shall be a qualified elector, who has been a
resident continuously for at least one year j
I further suggest that the Council seek a person who has
demonstrated a pattern of involvement in the community, preferably
in City affairs. I offer this suggestion due to the limited term
of the interim councilor. In order to be a meaningful player
during the six-month term, the candidate should possess a solid
community background and be familiar with the issues.
Attached please find a list of individuals who have contacted us,
expressing interest in the interim position.
ADVERTISEMENT:
I recommend that the council advertise in the Oregonian and the
Times. I recommend the latter because it is the newspaper in which
` we typically list public notices. It is also the primary source of
local news, especially given the limited coverage by the Oregonian.
I am recommending the inclusion of the Oregonian given its breadth
of circulation within the community.
OPTION:
The Council could select without a formalized application or
interview process, from names submitted or nominated by Council, at
a special or regular Council meeting. I did not recommend this
option out of concern that it may appear to be a closed process and
that qualified candidates who are waiting for some type of
announcement could be left out.
H:\login\cathy\ccselect
PostScript:
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I/WF U
COUNCIL
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Peter Ck"Y
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O'DONNELL, R.AMIS, CREW & CORRIGAN
ATTORNEYS AT LAW
HALLOW & WRIGHT MIMING
1727 N.W. Hoyt Street
Portland, Oregon 97209
TELEPHONE: (503) 2224402
FAX: (503) 243-2944
t
DATE: September 3, 1991
TO: Tigard City Council
THROUGH: Pat Reilly - City Administrator
FROM: Tim Ramis - City Attorney
RE: Tigard Council Vacancy
Background: Councilor Carolyn Eadon is tendering her resignation
from the Tigard City Council. Her resignation will be effective
October 1, 1991. Councilor Eadon's term expires in December 1994.
Ouestion: What is the procedure for filling this vacancy?
Answer: Section 7 of the Tigard Charter provides that if a
vacancy occurs, a special election shall be held on the next
available election date to fill the office for the unexpired term.
Further, the council shall appoint a person to fill the vacancy
until the election can be held. That appointee cannot be a
candidate for that position at the vacancy filling election.
The next available election date is in March, 1992. The filing
date for the March election is January 23, 1992.
The timeline would look like this:
August 13 - Councilor Eadon resigns effective
October 1 and a vacancy on the
council occurs. The council calls
for an election on the fourth Tuesday
in March to fill the vacancy.
September 10 - The Council determines a process
for appointing someone to fill the
vacancy. The Council may wish to
advertise that there is a position
to be filled by appointment and then
have the Council interview and
appoint sometime in September.
C
K
I
O'DONNELL, RAMIS, CREW b CORRIGAN
Memo re: Tigard Council Vacancy
September 3, 1991
Page 2
October - Notice is published that a council
vacancy has occurred and that the
nominating petition and other
election forms are available at City
Hall. Signature requirements are in
ORS 249.072.
January 13 - Deadline for filing nomination
petition with city Recorder. City
Recorder to have signatures verified.
January 23 - Deadline for City Recorder to file
a notice of election and a list of
the candidates with the County
Elections Dept.
March 24 - Election
April 7 or 14 - First business meeting after
certified election results are
received, the new councilor takes
office. This will most likely be the
first meeting in April.
mmAdgarAvetaKy.mem
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9/6/91
Persons Interested in Council Vacancy
John W. Havery 639-2042
15970 S.W. 76th
Tigard, OR 97224
Gregg McNeill 624-5532 (pvt.
8454 S.W. Ashford 624-0494
Tigard, OR 97224 620-6740 (home
Bruce D. Nagle 620-3335
9704 S.W. North Dakota
Tigard, OR 97223
Bill Scheiderich 526-2215
10810 S.W. Garden Park Place
Tigard, OR 97223
Brad Gebhard 671-2731 (w)
9717 S.W. London Court 624-6519 (h)
Tigard, OR 97223
Mary Swanson 624-5785 (h)
16420 S.W. Woodcrest 650-3464 (w)
Tigard, OR 97224
Richard McBee 627-5600 (w)
8367 S. W. Ashford 684-4894 (h)
Tigard, OR 97224
Dawn Baines 620-8781 (h)
10860 S.W. Canterbury Lane #39 682-2341 (w)
Tigard, OR 97224
John Kvistad 684-5330
11595 S.W. North Dakota
Tigard, OR 97223
John L. Cook 684-8965
12314 S.W. Millview Court
Tigard, OR 97223
Sterling Boyce 639-8147
15785 S.W. 88th Avenue
Tigard, OR 97224
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PROCLAMATION .
WHEREAS, Oregonians practice good waste reduction and recycling habits
everyday by buying wise)Y, reusing items, separating recYclables, and
~~~~f~r;;:••-•- returning bottles to the store; and ' w
TJ~ ! WHEREAS, unanimous passage of the new recycling bill by the 1991
Legislature will help our state meet the solid waste challenges of the future
and preserve our natural resources and quality of life; and ,1 a
WHEREAS, waste reduction and recycling opportunities for each Oregonian +l'~'
~i11 will be expanded among our state's industries, businesses, schools, and •I
neighborhoods.
NOW, THEREFORE 1, GERALD R. EDWARDS, MAYOR OF TIGARD,
HEREBY PROCLAIM October 5-12, 1991, as the sixth annual
ulilii? OREGON RECYCLING AWARENESS WEEK :1 •i"
. ; in Oregon and encourage each Oregonian to practice the waste reduction
and recycling activities that are so vital to our state's future, its natural
resources, and its quality of life. ,
' illll •?if~
a...... p hG V71
Dated this D4 day of , 1991. 3 '
bar
_ IN WITNESS WHEREOF, I have hereunto set my hand and caused the•
a Seal of the City to be affixed. Y
! Gerald R. Ed ards, Mayor
City of Tigard
~e
Attest: t
City Recorder
F W-1
't .~VIi ~~1 ' , ✓ F'S„~11 r, ~1 (jlr f Is -yL~j7 ~'S'i:11~ .d`" T"
Honoring Don Moen - for years of service on the Tigard Planning
Commission
Asked of Keith Liden, former Senior Planner for City of Tigard, how
he remembered Don Moen...
Keith listed many things which he appreciated in Don and his
leadership on the Planning Commission... Here are a few:
• Don was there when the first Comprehensive Plan draft was
put together requiring countless hours of hearings and
recommendations...
• Throughout his 11 years of volunteer service, he
committed two nights a month to the Planning Commission
despite a very heavy business and personal calendar...
• Don's presence, as Planning Commission Chairperson, was
very much appreciated. His meetings were well run;
often, the Commission was faced with highly controversial
issues. Don demonstrated the ability to facilitate
discussion on a wide range of topics...
• Don established a good rapport and maintained the respect
of his fellow commissioners...
• Finally, Keith remarked about how he admired Don for his
endurance... not only for the length of his service ...but
also for his ability to continue at a high energy level
during meetings that sometimes went well past the
midnight hour...
The plaque, we are presenting to Mr. Moen tonight notes
The city acknowledges, in grateful
appreciation, the many contributions Donald
Moen has made to the City of Tigard. Further,
the City Council extends its heartfelt
expression of esteem to Don for his 11 years
of service on the Tigard Planning commission,
with T of those years as Chairperson.
s~
COUNCIL AGENDA ITEM a
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Patrick J. Reilly, City Administrator
cam.'
DATE: September 3, 1991
SUBJECT: COUNCIL CALENDAR, September 191 - November 191
Official Council meetings are marked with an asterisk If
generally OK, we can proceed and make specific adjustments in the
Monthly Council Calendars.
September 191
6,7,8 Fri- Tigard's 30th Birthday Celebration
Sun
10 Tue Council Business Agenda (5:30/7:30)
17 Tue Council Study Agenda (6:30)
24 Tue Council Business Agenda (6:30/7:30)
October '91
8 Tue Council Business Agenda (6:30/7:30)
15 Tue Council Study Agenda (6:30)
22 Tue Council Business Agenda (6:30/7:30)
November '91
1,2,3 Fri- Council Workshop
Sun
9,10,11 Sat- League of Oregon Cities Annual Conference -
Mon Eugene
11 Mon Veteran's Day Holiday (City Hall Closed)
12 Tue Council Business Agenda (6:30/7:30)
19 Tue Council Study Meeting (6:30)
26 Tue Council Business Agenda (6:30/7:30)
28, 29 Thurs/ Thanksgiving Holidays (City Hall Offices Closed)
Fri
h:\login\cathy\cccal
Council Calendar - Page 1
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF : see m }1P r /U, l Q9! ATE SUBMITTED :
ISSUE/AGENDA TITLE: ^ PREVIOUS ACTION:
5-6 Yard Dum Trucks
PREPARED BY: K. Kaatz
DEPT HEAD OK. CITY ADMIN OK XZ'Llf REQUESTED BY: Bob White
-
ISSUE BE ORE THE COUNCIL
Acceptance or rejection of Dump Truck bid.
STAFF RECOMMENDATION
Award Bid to Bruce Chevrolet for two 1992 5-6 yard Dump Trucks.
INFORMATION SUMMARY
During the 91-92 budget process it was shown that we have two trucks that are
too old to be operated efficiently and are becoming unreliable for the needs
and demands placed upon them. Funds were allocated for their replacement.
. Bids were advertised and released on 7-31-91 and opened on 8-9-91.
PROPOSED ALTERNATIVES
1. Reject all bids
2. Rebid trucks.
FISCAL NOTES
$77,000 was budgeted for truck replacement.
BID SUMMARY
Bruce Chevrolet DSU Peterbilt & GMC Northside Ford Brattain Intl.
$76,044.00 $80,788.00 $81,420.00 $84,870.00
Prices are net cost after trade-in deductions for 1972 Chevrolet and 1978
International.
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jj MEMORANDUM
l+
CITY OF TIGARD, OREGON
TO: Pat Reilly
FROM: Bob Whi
DATE: August 23, 1991
SUBJECT: Surplus Equipment Declaration
We would like to have the following two vehicles declared as
surplus. We wi 1 not be releasing these vehicles until successful
declaration hasi been made and upon receipt of the two new
replacement vehicles.
I
The vehicles be}ng declared as surplus are:
Vehicle Vehicle identification t License
1972 Chevrolet CCE532V103941 E108862
I
1978 In:ernatiorlal D0522HHB20616 E154770
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COUNCIL AGENDA ITEM NO.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 9/10/91 _ DATE SUBMITTED: 8/28/91
ISSUE/AGENDA TITLE: Sign Code PREVIOUS ACTION: Approval of
Exception SCE 90-05 Var 90-27 eREQUESTED E 90-05/Var 90-27
appeal for Sherwood Inn
E REFARED BY: Plannin4 Staff
DEPT HEAD OK CITY ADMIN O BY: Ed Murphy
ISSUE BEF THE COUNCIL
Should the City Council approve the attached Findings thereby
approving a variance to the Sign Code allowing one freeway oriented
(freestanding) sign up to 65 feet high and 750 square feet per face
(1,500 square feet for all sign faces combined)?
STAFF RECOMMENDATION
It is recommended that Council approve the attached resolution
thereby modifying the Planning Commission's decision (Final Order
90-25 PC).
INFORMATION SUMMARY
On July 23, 1991, the City Council voted to reverse the Planning
Commission's approval of SCE 90-0005 and approve a Variance for
additional sign area. The City Council also voted to reverse the
Planning Commission's denial of VAR 90-0027 to allow for additional
sign height and approved a modified sign height Variance subject to
conditions.
Staff has drafted a Resolution (attached) for this variance.
PROPOSED ALTERNATIVES
1. Approve the attached resolution.
2: Amend and approve the attached resolution.
FISCAL NOTES
None
k
rp/sCE90-05.sum
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r" EXHIBIT "A"
A. FACTS
1. General Information
CASE: Sign Code Exception SCE 90-0005, Variance VAR
90-0027
REQUEST: Request to allow two freeway oriented
freestanding signs where only one sign is
permitted. Also requested is approval to
retain one sign of approximately 1,180 square
feet per sign face with a height of
approximately 65 feet and a second sign of
approximately 698 square feet per sign face
with a height of approximately 69.75 feet
where the Code specifies a maximum allowable
sign area of,160 square feet per sign face and
a maximum allowable height of 35 feet.
APPLICANT: Greenhill Assoc., Ltd.
Hal Hewitt
9999 SW Wilshire
Portland, OR 97225
OWNER: H. E. Ferryman
9106 NE Highway 99
Vancouver, WA 98665
LOCATION: 15700 SW Upper Boones Ferry Road (WCTM 2S1
12DD Tax lots 100, 900, and 1100)
COMPREHENSIVE PLAN DESIGNATION: Commercial General
ZONING DESIGNATION: C-G (Commercial General)
2. Background Information
In question are two nonconforming signs. One sign
includes a Restaurant/Motel/Best Western Logo message.
The other sign includes a Sherwood Inn/Chevron message.
Chevron is not a part of this action.
The existing Sherwood inn Motel and restaurant were
constructed prior to annexation of the subject site and
adjoining properties in 1976. Also in 1976, the City
Planning Commission approved a Variance to allow the
SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 1
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continued use of the existing signs that exceeded the
` City's size, and height requirements. In 1977, the City
amended the sign code to reduce the maximum sizes
permitted and in 1978, a new 10 year sign amortization
period was begun for those signs which did not conform
with the new standards. The property owner was notified
in 1988 that the two freeway oriented signs advertising
Sherwood Inn and restaurant were subject to the City's
sign amortization program and that the signs would have
to be brought into conformity with the sign code or a
Sign Code Exception or Variance would have to be granted
by the City in order to retain the use of these signs.
Site Development Review SDR 12-81 approved expansion of
the parking area in 1981. In March, 1990, the Planning
Director granted Site Development Review approval (SDR
89-23/V 89-40) to expand the existing motel. One
condition of approval required the resolution of the
pending sign issue.
Also in March 1990, Ken Fox of the City Attorney's office
responded to the issue of the sign Variance granted by
the City and its relationship to the following amendments
of the City's sign code. Mr. Fox concluded that after
the Variance was granted, the signs were regarded to be
conformity with the code. However, after the City
standards were amended in 1978 to be more restrictive,
they became nonconforming signs as did all other legal
` signs which did not meet the new standards. As such, the
signs are subject to the Sign Code Amortization provision
of the Development Code.
A letter from the City Planner Mr. Jerry Powell to Mr.
Marko A. Susnjara indicated that the 1976 Variance would
have the effect of permanent permission by the City to
retain the sign, and the use of that sign as long as that
sign stands. This.person had no authority to bind the
_ City. In addition, the City does not recognize estoppel
as a basis ;for granting a permit.
This current sign code exception and variance application
was heard before the Planning Commission on October 16,
1990. The Planning Commission denied the sign code
exception and variance as requested and approved an
amended sign code exception with conditions. This
decision was appealed to the City Council by the
applicant and is the subject of this current review.
Vicinity Information
The subject property is located in the southwest quadrant
of the intersection of I-5 and SW Lipper Boones Ferry
SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 2
s
t
Road. Two service stations flank the driveway from SW
Upper Boones Ferry Road to the Sherwood Inn. The service
station properties are also zoned C-G. Properties to the
north and west of the site are zoned I-P (Industrial
Park). The Pacific Corporate Center subdivision is
currently under development to the north across SW Upper
Boones Ferry Road. The subdivision is presently vacant
except for two buildings under construction along SW 72nd
Avenue. The property to the west is part of the Oregon
Business Park. The parcel immediately west of the subject
site is currently developed with a children's day care
center and various industrial uses. To the south are
other buildings within the Oregon Business Park which are
developed with a variety of industrial uses and are zoned
I-L (Light Industrial). The properties to the south and
west of the site are approximately 20 to 30 feet lower in
elevation than the subject site.
3. Site Information and Proposal Description
The 2.5 acre site consists of three tax lots set back
from Upper Boones Ferry Road by approximately 130 feet.
A 40 foot wide accessway located between the neighboring
service station parcels connects the Sherwood Inn
development to Upper Boones Ferry Road. The site abuts
I-5 on the east. A number of mature Douglas fir trees
are located between the motel and the freeway, both on
the site and within the freeway's right-of-way. The
slopes between these parcels are covered with grasses,
shrubs, and several small trees.
The subject property is presently developed with the 56
unit, three story Sherwood Inn motel, the single story
4,200 square foot restaurant, and paved parking for 135
autos. Access to the property is provided by a paved
driveway shared with the adjacent service stations. The
two nonconforming freestanding signs, which are the
subject of this application, are located near the
property boundary of the adjacent service station
parcels.
The applicant proposes to retain the existing signs and
states that it is appropriate for the City to continue to
recognize the 1976 Variance approval. The Sherwood Inn
sign is part of a larger sign structure that includes an
oversize sign for the Chevron station. This application
does not apply to the Chevron sign. The Chevron
Corporation has been also notified of the sign
amortization program and the City's requirement to bring
this sign into conformity with the Code. An application
from Chevron is anticipated in the near future.
( SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 3
}
4. Agency and NPO Comments
The Engineering Division, State Highway Division, and the
Building Division have no objection to the proposal.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
As proposed, a Variance is necessary to approve this proposal
because this request proceeds beyond the basic Code
requirements for number, height and size of signs, as well as
the allowances that are available through the Sign Code
Exception process; specifically, the Sign Code Exception
process may permit up to a maximum of an additional 25 percent
of sign area or height above that which is normally permitted.
Prior to the April 9th City Council meeting, the applicant
offered an alternative proposal for approval; specifically, to
retain only one 65 foot tall freestanding freeway oriented
sign with a sign area of 1,194 square feet per face. The
Variance criteria which are relevant are listed in Section
18.134.050 (A) of the Community Development Code:
1. The proposed variance will not be materially detrimental
to the purpose of this title, be in conflict with the
policies of the Comprehensive Plan, to any other
applicable policies and standards, and to other
properties in the same zoning district or vicinity;
2. There are special circumstances that exist which are
particular to the lot size or shape, topography, or other
circumstances which the applicant has no control and
which are not applicable to other properties in the same
zoning district;
3. The use proposed will be the same as permitted under this
title and City standards will be maintained to the
greatest extent that is reasonably possible while
permitting some economic use of the land;
4. Existing physical and natural systems, but not limited to
traffic, drainage, dramatic land forms., or parks will not
be adversely affected anymore than would occur if the
development were located as specified in this title; and
5. A hardship is not self imposed and the variance requested
is minimum variance which would alleviate the hardship.
SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 4
The City Council finds that the proposal as requested is not
{ consistent with the above variance criteria for the following
reasons:
1. The purpose of the sign code and the sign amortization
program is to reduce the amount of sign area and numbers of
signs within the City limits in order to provide for an
aesthetically pleasing environment. This proposal to retain
the existing signs is not consistent with the intent of the
Code because the applicant is requesting twice the number and
approximately 12 times the total sign area that would normally
be permitted, in addition to an 85% increase in sign height
above that which is normally allowed. The proposal is also
not consistent with the sign programs which have been approved
for other commercial properties in similar circumstances.
The retention of signs this size would clearly be contrary to
the purpose of the Code which is intended to "prevent
proliferation of signs and sign clutter". However, this is
not to say that additional sign area and/or height is not
warranted. Toward this end, staff has investigated and
presented a professional third-party recommendation as to the
sign area necessary to achieve the applicant's purpose for
this appeal.
2. There are no special circumstances with respect to this
property which justify the continued use of two signs with
orientation towards I-5. View of the property and the
existing signs from I-5 is partially obstructed; however, the
request to retain the number of signs, sign area, and sign
height is not justified in this regard. While two signs are
not justified, one sign may be.
The situation of Sherwood Inn and the restaurant is similar to
many other freeway oriented businesses in Tigard and Tualatin.
Many have less than perfect visibility from the freeway due to
their distance from the freeway, terrain, and trees. These
businesses have dealt with this problem by utilizing
informational signs provided by the State Department of
Transportation. These blue signs indicate the specific
businesses and or services that are available at the next
exit. Conditions relative to the site being lower than the
freeway and the existing roofline are partially mitigating
circumstances.
Sherwood Inn has the benefit of two such signs for southbound
traffic. The first is located immediately south of the
Highway 217 exit and it advertises Sherwood Inn and Chevron
specifically. The second is located near the Bonita Road
overpass and it indicates that gas, food, and lodging are
available at the Upper Boones Ferry Road exit. The applicants
have indicated that a similar sign for north bound traffic
I~ SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 5
cannot be obtained from the Oregon Department of
Transportation.
With reference to topographic concerns which are specific to
this site, additional sign height and sign area should be
granted since visibility from I-5 to the property and the
existing signs would be obstructed if the standard maximum
height of 35 feet and standard sign area of 150 square feet
per sign face was required.
Whereas there is not sufficient justification for the
allowance of two freestanding freeway oriented signs, one
freestanding freeway oriented sign should be permitted as
allowed by code section 18.114.090(E).
3. The proposed signage greatly exceeds Code standards and
therefore it is not the same as what would normally be
permitted under this Code and the staff finds that this
proposal would not maintain the Code to the extent reasonably
possible. Conversely, staff has presented findings by the
Bailey/Warner Group to demonstrate the minimum sign area which
would be necessary to achieve the intent of this application.
4. Existing physical and natural systems would not be
affected by this proposal.
5. The hardship is not self imposed because the signs in
question were erected legally and have become nonconforming
and subject to the sign amortization program due to changes in
applicable sign regulations. However, the variance is not the
minimum deviation from Code requirements that would alleviate
the hardship.
Additional sign height should be granted since visibility from I-5
to the property and the existing signs would be obstructed if the
standard maximum height of 35 feet was required. The additional
height is necessary because the roof line of the motel blocks sight
lines for north bound freeway traffic. Based upon the testimony
presented a Sign Code Variance allowing a sign height of 65 feet is
necessary for a sign to be visible from both directions on I-5.
Approximately 470 percent of the allowable sign area will yield a
sign with 750 square feet per face (1,500 square feet for all sign
faces combined). Because of the necessary height of the sign and
the distance from I-5 and Upper Boones Ferry Road, this Variance is
justified in order to ensure the sign's legibility. The report
r from the Baily/Warner Group suggests that a minimum of 650 square
feet is necessary for the retention of existing message. This
would allow a minimum letter height of 40 inches. An additional
100 square feet per sign face will allow marginally larger letters
to ensure legibility.
SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 6
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C. DECISION
( The City Council REVERSES the Planning Commission's approval of SCE
90-0005 and APPROVES a variance for additional sign area. The City
Council also REVERSES the Planning Commission's denial of VAR 90-
0027 to allow for additional sign height and APPROVES a modified
sign height Variance subject to the following conditions.:
1. One freeway oriented (freestanding) sign with a maximum area
of 750 square feet per face and a maximum height of 65 feet
shall be permitted.
2. The two nonconforming signs shall be removed by -10,
-149-2.
1ll'`t3
3. Prior to erecting any signs, permits shall be issued by the
Planning Division. STAFF CONTACT: Ron Pomeroy, Planning
Division, 639-4171.
THIS APPROVAL SHALL BE EFFECTIVE ON AND AFTER THE 30TH DAY AFTER
ITS PASSAGE BY THE COUNCIL, APPROVAL BY THE MAYOR AND POSTING BY
THE RECORDER. THIS APPROVAL IS VALID IF EXERCISED WITHIN 18 MONTHS
OF THE FINAL APPROVAL DATE NOTED BELOW.
It is further ordered that the applicant be notified of the entry
of this order.
PASSED: By vote of all Council members
present after being read by number and title only, this
day of , 1991.
Catherine Wheately, City Recorder
APPROVED: This _ day of p mb 10, 1991.
Gera d R. Edwards, Mayor
Approved as to form:
City Attorney
Date
rp/SCE90-05.FO
Ordinance No. 91-
SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 7
COUNCIL AGENDA ITEM (1J
CITY OF TIGARD, OREGON
iU COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: Aiii4- 1991 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Highland-Drive PREVIOUS .ACTION:
parking restrictions
PREPARED BY: City Enctineer
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEFORE THE COUNCIL
Shall parking be prohibited on a portion of Highland Drive?
STAFF RECOMMENDATION
Staff recommends adoption of the attached ordinance.
INFORMATION SUMMARY
The Summerfield Civic Association has requested that parking be prohibited on
a portion of Highland Drive in order to improve safety. The area in question
contains two sharp curves, as shown on the attached map.
Staff agrees that the prohibition of parking would improve traffic safety.
While the prohibition would include a portion of the frontage of three homes,
ample on-street parking for visitors appears to be available nearby on
Highland Drive and the intersecting cul-de-sac.
PROPOSED ALTERNATIVES
1. Adopt the attached ordinance approving the parking prohibition as
requested.
2. Amend the ordinance.
i 3. Deny the request.
FISCAL NOTES
Approximately $300 for signing.
zvlhighland
T
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MEMORANDUM
TO: The Honorable Mayor and City Councilors
FROM: Ronald D. Goodpaster, Chief of Police
DATE: August 30, 1991
RE: Review of Parking Restrictions on Highland Drive
At the August 13, 1991 Council Meeting, I received direction to
review a proposal to create a no-parking zone on Highland Drive
that would be approximately from 10525 Highland Drive to 10480
Highland Drive, on both sides of the street.
The Summerfield Civic Association had requested that parking be
prohibited on a portion of Highland Drive in order to improve
safety. The area in question, which is shown on the attached map,
contains two sharp curves and is sloped. This area is also
extremely hazardous during the nighttime hours due to limited
lighting in the area.
Upon personal viewing the location and parking cars at different
locations along the curb on both sides of the street and driving
the street, it is_my conclusion that the parking is hazardous to
vehicular traffic and that the original request for a no-parking
zone be approved by the council.
With cars parked on either side of Highland Drive through this "S"
curve, approaching cars have a• tendency to go well into the
oncoming lane of traffic to avoid the parked car and the parked car
also causes a visibility problem which does not allow a motorist to
see well beyond the car as to what is coming in the opposite
direction.
st:Highland
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270 260 ~-X
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-Ll?'~'1YY1~T ~LCL CIVIC ASSOCIATION
10650 S.W. Summerfield Drive
jj ~ti°, Tigard, Oregon 97223
620-0131
sCt Ell 'E 9
n 7X991
June 26, 1991 a
Street Department cjT`f OF
City of Tigard
PO Box 23397
Tigard, OR 97223
Would it be possible to place a NO PARKING SIGN marking the curve
between 10525 and 10475 SW Highland Dr. and the side of 10480 SW
Highland Dr? There have been near accidents on that corner.
Will look forward to hearing from you.,
C Sincerely,
Charlotte Tice
Administrator
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CITY OF TIGARD, OREGON
ORDINANCE NO. 91-
AN ORDINANCE AMENDING TMC 10.28.130 PROHIBITING PARKING ON A PORTION OF SW
HIGHLAND DRIVE.
WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of certain
public streets in Tigard; and
a
WHEREAS, the Council has received a request for prohibition of parking on a
portion of Highland Drive; and
WHEREAS, it appears to the Council that the requested parking prohibition
will enhance traffic safety. {
THE CITY OF TIGARD ORDAINS AS FOLLOWS:;
!t'
SECTION 1: TMC 10.28.130, designating the streets or portions thereof
where parking is prohibited at all times, is hereby amended by
adding the following:
^(77) Along both side of SW Highland Drive between the
extended east line of Lot 166 and a point 50 feet east of the
extended west line of Lot 165, all in Summerfield No. 4
subdivision.'
SECTION 2: This ordinance shall be effective 30 days after its passage by
the Council, approval by the Mayor, and posting by the City
Recorder.
PASSED: By vote of all Council members present after
being read by number and title only, this day of
1991.
Catherine Wheatley, City Recorder
APPROVED: This day of 1991.
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney
Date
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dj/Rii: highland
ORDINANCE No. 91-
Page 1
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CITY OF TIG D
OREGON
August 2, 1991
To residents of 10475, 10480, and 10525 SW Highland Drive:
The Summerfield Civic Association has requested that parking be
prohibited along the curved portion of Highland Drive near your
residence. The City Council will consider this request at the
regular Council meeting of August 13, 1991.- -The Council meeting
will be at Tigard City Hall and will begin at 7:30 p.m. If you
wish to comment for or against the proposed parking restriction,
you may request to be heard at the Council meeting or you may
submit written comments prior to the Council meeting.
Enclosed is a copy of a staff report
providing additional details
of the proposal.
If you have any questions about the proposal or the Council
meeting, please feel free to contact me at Tigard City Hall, 639-
4171.
Sincerely,
Randall R. Wooley
City Engineer
rw/highlnd2
13125 SW Hall Blvd, P.O. Box 23397, Tigard, Oregon 97223 (503)639-4171
t-
eI d CIVIC ASSOCIATION
10650 S.W. Summerfield Drive _
Tigard, Oregon 97223
620.0131 '
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August 23, 1991
Tigard City Council
P.O. Box 23397
Tigard, Oregon 97223
Dear Members:
Our Civic Assaciation Board, with this letter, recommends to you that Alderbrook Drive be signed
to restrict speed to 25 m.p.h. The high school students use this street for access to Sattler, and
{ often drive very erratically and fast.
Also, we would appreciate a patrol from time to time on Summerfield Drive because the increase in
traffic makes it more hazardous for walkers and golf carts.
We also support you on the posting of Highland Drive, since we have had two near accidents on
that corner caused by parked vehicles there.
Please keep us informed of progress on these requests.
Sincerely,
Charlotte Tice,
CT:FB Administrator
cc: Randy Wooley
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COUNCIL AGENDA ITEM NO.
CITY OF TIGARD, OREGON
COUNCIL AGENDA I"aE14 SUMMARY
AGENDA OF: September 10. 1991 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Braiavich Annex. PREVIOUS ACTION:
ZCA 91-0016 Zone Change Annexat'o
PREPARED BY: Victor Adonri
DEPT HEAD OK CITY ADMIN O REQUESTED BY:
ISSUE BEFORE THE COUNCIL
Should the City Council forward to the Portland Metropolitan Area Local
Government Boundary Commission a request for annexation of two parcels,
consisting of approximately 0.86 acres located at 13440 and 13410 S.W. Howard
Drive?
STAFF RECOMMENDATION
Adopt the attached resolution and ordinance to forward the annexation to the
Boundary Commission and to assign plan and zone designation to the property in
conformance with the Comprehensive Plan.
INFORMATION SUMMARY
This annexation request consists of two parcels totaling 0.86 acres that is
contiguous to the City of Tigard on Howard Drive. The owners of the properties
request annexation in order to obtain sanitary sewer service. Attached is a
:esolution to forward the annexation request as well as an ordinance to change
the zone designation from Washington County R-6 to City of Tigard R-4.5 in
conformance with the City's Urban Planning Area Agreement with Washington
County. There was no response from neighborhood other than concern about
forced annexation. Also attached is a vicinity map and staff report.
PROPOSED ALTERNATIVES
1. Adopt the attached resolution and ordinance to forward the annexation to
the Boundary Commission and to assign plan and zone designations to the
property in conformance with the Comprehensive Plan.
3. Deny the proposal.
FISCAL NOTES
The City of Tigard will pay the Boundary Commission fee of $140 for annexation.
The current tax assessment is $154,610.
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TIGARD
ZCA 91-0016
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 10, 1991 DATE SUBMITTED: 8/28/91
;ISSUE/AGENDA TITLE: Dolan Appeal PREVIOUS ACTION: Director's decision
May 24, 1991, Planning Commission 8 1991
PREPARED BY: Planning Staff
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy
ISSUE BE ORE THE COUNCIL
An appeal by John Dolan of a Planning Commission decision to deny a requested
variance subject to conditions requiring the applicant to: (1) dedicate to the
City as greenway all property within the 100 year flood plain; (2) dedicate
property 15 feet above the 150 foot floodplain boundary for a pathway; (3) survey
the boundaries of the dedication; and (4) remove a roof sign within 45 days of the
issuance of an occupancy permit for the new building.
STAFF RECOMMENDATION
It is recommended that the Council deny the appeal and uphold the Planning
Commission decision by adopting the attached resolution.
INFORMATION SUMMARY
The applicant appealed a May 24, 1991 Director's decision to approve a site
development application subject to sixteen conditions and deny a variance (SDR 91-
0005, VAR 91-0010). The conditions required modification of the site plan to move
the building out of area to be dedicated for a pathway along Fanno Creek. The
decision also denied requests for variances requiring dedication of area within
and adjacent to the Fanno Creek floodplain and removal of a roof sign from an
existing building.
The Planning Commission heard the appeal on July 8,1991 and voted unanimously to
uphold the Director's decision with the deletion of Condition No.9 and deny the
variance. The Planning Commission deleted Condition No. 9 based on staff and the
city attorney's recommendation since the Traffic Impact Fee is governed by
Washington County ordinance and is not appealable through the City land
development process.
The appellants claim that the Comprehensive Plan and Community Development Code
requirements for dedication of floodplain and 15 feet east of the top of the bank
constitute a taking of the appellant's property without compensation in violation
of both the Oregon and United States Constitutions. The Director's decision
provides staff's rational for denying the request for a variance from the
dedication requirements of the Plan and Code. In summary, the Director found that
the requirement for dedication of area within the floodplain for public stormwater
drainage purposes is reasonably related to the proposed development's impacts upon
the public storm water drainage system. The Director found that the requirement
dedication of land adjacent to the floodplain and construction of a pedestrian
a, bicycle pathway is reasonably related to the proposed development's impacts
o the public transportation system. This system not only includes roadways, but
sidewalks and pathways that serve as alternate transportation routes to
st eets.
The appellants also claim that the condition requiring removal of the sign on the
top of the existing A-Boy building is an unlawful taking. Staff found that no
taking would occur since the removal of the sign from the roof would not
confiscate any property. In addition, the City would not prohibit relocation of
the sign to another portion of the site as long as the relocation conformed to
City sign standards.
The appellants state that the sign is wrongfully characterized as a roof sign and
should be characterized as a wall sign installed on a parapet wall. Both Planning
Commission and City Council decisions during review of the A-Boy site development
review application in 1989 concluded that the sign was a roof sign. The current
application contained no additional information with regard to the sign.
Therefore, the Director did not find any reason to differ from the Commission and
Council's earlier determinations.
Attached to this summary are the Planning Commission Final Order, the Planning
Commission minutes and applicant's appeal form.
PROPOSED ALTERNATIVES
1 Approve the applicant's appeal thereby deleting the conditions of approval.
2. Deny the applicant's appeal and uphold the Planning Commission's decision.
3. Modify the conditions of approval and deny the appeal.
FISCAL NOTES
None
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TIGARD PLANNING COMMISSION
REGULAR MEETING - JULY 8, 1991
1. Vice President Fyre called the meeting to order at 7:30 PM. The meeting
was held at Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard,
Tigard, Oregon.
2. ROLL CALL: Present: Vice President Fyre; Commissioners Barber,
Fessler, Moore, and Saxton.
Absent: Commissioners Boone, Castile, and-Saporta.
Staff: Senior Planner Dick Bewersdorff, City Attorney
Jim Coleman, and Planning Commission Secretary Ellen Fox.
3. APPROVAL OF MINUTES
Commissioner Fessler moved and Commissioner Barber seconded to approve
the minutes of the previous meeting as corrected. Motion carried
unanimously by Commissioners present, with Commissioners Fyre and Saxton
abstaining.
4. PLANNING COMMISSION COMMUNICATION
o Community Involvement Coordinator Liz Newton introduced Wendy Hawley who
will be joining the Commission to fill the position vacated by Don
Moen. She will be confirmed July 23rd at the City Council Meeting.
5. PUBLIC HEARING
5.1 ,,.,SITE..DEVELOPMENT REVIEW SDR 91-0005 VARIANCE VAR 91-0010 DOLAN/MENDEZ
(NPO #1) An appeal of the Director's approval of a Site Development
request to allow construction of an approximately 17,600 square foot
retail sales building. The approval was made subject to certain
conditions which would include some modifications to the site plan. The
Director has denied the applicant's request for Variance approval to
allow retention of area within the 100 year floodplain and area adjacent
to the floodplain for bike path construction and construction of the
pathway whereas the Community Development Code requires dedication of
this area to the City and construction of the path by the applicant.
ZONE: CBD-AA (Central Business District zone with the Action Area
overlay zone). LOCATION: 12520 SW Main Street (WCTM 2S1 2AC, tax lot
700) APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters
18.32, 18.66, 18.86, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120,
18.134; the Parks Master Plan for Fanno Creek Park, and the City of
Tigard Master Drainage Plan.
PLANNING COMMISSION MINUTES - JULY 8, 1991 PAGE 1
~7.
MEN
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Senior Planner Dick Bewersdorff reviewed the previous decisions made
pertaining to this Site Development Review and Variance request. He
discussed the conditions of approval, several of which the applicant is
objecting to. He said the condition requiring the dedication of
property within the Fanno Creek floodplain for the purpose of
constructing a bike/pedestrian path was of major concern to the
applicant. He explained that the applicant did not intend to give this i
land without adequate compensation. He discussed the condition of
approval requiring the removal of the sign on top of the existing A-Boy
building. He said the applicant characterized the sign as a wall sign
installed on a parapet wall, but both the Planning Commission and City
Council found the sign to be a roof sign (SDR application in 1989). He
said staff was recommending that the Commission uphold the Director's
decision.
APPLICANT'S PRESENTATION
o John Dolan, owner of the subject property and the A-Boy business,
explained he favored construction of a bike/pedestrian path, but he was
opposed to dedicating some of his property without compensation. He
said there were originally 12 conditions of approval, and now there are
16 conditions. He objected to the City adding conditions beyond the
original 12. He discussed the erosion control and Traffic Impact Fee
conditions.
o Commissioner Barber commented on the reasoning behind the Traffic Impact
Fee. There was brief discussion about this issue.
o Commissioner Fessler requested clarification pertaining to the sign
issue. She recalled from the previous hearing that the applicant agreed
to take down the sign after the new building was constructed. There was
discussion, with Mr. Dolan advising that he did not want to take the
sign down until the old building was demolished.
o Commissioner Fyre asked Mr. Dolan about his consideration of moving the
location of the building with regards to the bike path. Mr. Dolan said
he was flexible about this issue, as long as he was justly compensated
in return for the dedicated land.
o Commissioner Saxton asked how the value of the land could be determined
since the land is not buildable in the floodplain. Discussion followed
concerning how to determine a fair price and how the 15 feet of land
would affect building plans.
o Commissioner Moore suggested an easement for the bike path instead of
the City buying the property. There was discussion about the pros and
cons of an easement versus a dedication.
o Commissioner Barber sought clarification from City Attorney Jim Coleman
concerning the Planning Commission's role in deciding whether the City
can purchase the property for Fanno Park. Mr. Coleman advised that the
Commission had no authority to commit to such a purchase. He discussed
the variance process and standards for granting a Variance.
PLANNING COMMISSION MINUTES - JULY 8, 1991 PAGE 2 j
PUBLIC TESTIMONY
o Gary Ott, 9055 SW Edgewood Street, Tigard, testified in favor of staff's
recommendation to uphold the Director's derision. He noted that one of
the main issues was the integrity of the Fanno Creek Park Plan, which he
said was very important to the livability of the community. He pointed
out the wild life habitat, picnic area and natural setting available in
the urban environment. He advised that NPO #1 and #2 were on record as
supporting the park linkage along Hall Street to Main Street, although
he said he was not speaking for the NPO. He spoke about other functions
the park provides, such as: transporting storm water, removing
pollutants from surface water, and as an important wetlands area. He
encouraged the Commission to uphold the Director's decision.
APPLICANT'S REBUTTAL
o John Dolan stated he agreed with Mr. Ott about the importance of Fanno
Creek Park to the community. He did not agree, however, with the method
of obtaining land for the park by taking it without compensation.
PUBLIC HEARING CLOSED
o Commissioner Fessler discussed the issue of dedication of land for the
bike path and compromises which both parties have made. She sympathized
with the applicant's desire to be paid for the dedicated land, but
pointed out the trade offs to be made.
o Commissioner Saxton said he could sympathize with the applicant wanting
to be paid for the dedicated land, but stated he agreed with the staff's
recommendation.
o Commissioner Moore referred to the Development Code and said he did not
find that the Commission had any latitude. Therefore, he favored
upholding the Director's decision.
o Commissioner Barber agreed with Commissioner Moore regarding the
authority or latitude allowed the Commission, and she was in favor of
following staff's recommendation.
o Commissioner Fyre discussed the Code requirements and said he favored
upholding the Director's Decision.
o City Attorney Jim Coleman suggested deleting Condition #9, the Traffic
Impact Fee, from the conditions of approval, as it is a City
requirement. He said the applicant would not be relieved from paying
the fee in the future, but it would not be connected with this SDR or
Variance hearing.
PLANNING COMMISSION MINUTES - JULY 8, 1991 PAGE 3
y
* Commissioner Barber moved and Commissioner Saxton seconded to uphold the
Director's decision which approved SDR 91-0005, but with condition #9
deleted from the conditions of approval, and to deny VAR 91-0010.
Motion carried by unanimous vote of Commissioners present.
6.0 OTHER
6.1 ELECTION OF PRESIDENT
o Vice President Fyre called for nominations for President of the Planning
Commission to replace the position vacated by President Moen.
* Commissioner Barber nominated Commissioner Fyre. There were no other
nominations.
Vote was unanimous to elect Milt Fyre as President of the Commission.
* Commissioner Fessler nominated Commissioner Barber as Vice President of
the Planning Commission.
Commissioner Saxton moved and Commissioner Fessler seconded to close the
nominations. Motion carried unanimously by Commissioners present.
Commissioners voted unanimously to elect Commissioner Barber as Vice
President of the Planning Commission.
6.2 OTHER BUSINESS
o Commissioner Fessler suggested that the Commission do something to thank
Don Moen officially for his years of service to the Commission.
There was discussion, with Commissioners deciding to buy a gavel and
have it engraved appropriately. Commissioner Barber volunteered to
select the gift.
o Commissioner Moore brought up the issue of absenteeism of
Commissioners. President Fyre requested Secretary Fox to provide a copy
of the rules of absenteeism for discussion at the next meeting.
7. ADJOURNMENT - 8:30 PM
Ellen P. Fox, Secretary
ATTEST:
Milt Fyre, President
PLANNING COMMISSION MINUTES - JULY 8, 1991 PAGE 4
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LAND USE DECISION APPEAL FILING FORM
1. Application being appealed: Upholding the decision -of the
Community Development Directors designee (SDR 0005) and variance
(Var. 91-0010). City of Tigard Planning Commission Final Order No.
91-09-PC.
2. How do you qualify as a party: Petitioners qualify as parties
as the owners of the affected property.
3. Specific Grounds for appeal or review: The Notice of Final
Order by Planning Commission imposes conditions and dedications
which violate the applicants' rights and constitute and unlawful
taking under the Oregon Constitution, Article 1, Section 18 and the
Fifth Amendment to the United States Constitution. Specifically:
Page 24, VI, Paragraph 1, as a condition to approval of the
requested variance the Planning Commission requires the applicants
to dedicate to the City as greenway all portions of the site which
fall within the existing 100-year floodplain (i.e. all portions of
the property below elevation 150.0) and all property 15 feet above
(to the east of) the 150.0 foot floodplain boundary. A monumented
boundary survey showing all new title lines, prepared by a
registered professional land surveyor, shall be submitted to the
City for review and approval prior to recording. The building
shall be designed so as not to intrude into the greenway area.
( Conditions set forth in the first paragraph as stated above
constitutes and unlawful taking without just compensation to the
applicant. The Planning Commission not only requires the
applicants' land to be dedicated free of charge to the City, it
also requires that the applicant pay the expenses of a boundary
survey. Page 27, No. 15, the Planning Commission's decision
requires that prior to an occupancy permit, the existing "roof
sign" shall be permanently removed from the subject property within
45 days of issuing of the Occupancy Permit for the new building.
No such sign exists on the applicants' property. A wall sign which
was and is in compliance with City ordinance does exist on
applicants' property. Requiring removal of the wall sign
constitutes an unlawful taking without compensation and violation
of the Oregon and U.S. Constitutions as stated above.
4. Scheduled date decision is to be final: July 26, 1991 at 3:30
o'clock p.m.
5.. Date notice of fina i was given: July 15, 1991.
6. Signature:
JO VE".7z,, orney for Applicants
****DR OFPZCB OSE ONLY: Received By: Q ~~i Date:-'z Time.
~.Y+.
Approved As to Form By: ~(]/L - Date: / Time: Denied As to Form By: Date: Time:
Receipt No.: Amount:
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 10, 1991 DATE SUBMITTED: Aucxust 27, 1991
ISSUE/AGENDA TITLE: CBD Amendments PREVIOUS ACTION: Planning Commission
recommendation from August 19, 1991 Public Hearing
PARED BY: Dick Bewersdorff
n/
DEPT HEAD OK L,/Lb CITY ADMIN OK-~ QUESTED BY: Ed Murphv
ISSUE B ORE THE COUNCIL
Should the City make various change to the CBD zone regulations including adding
boat sales as a conditional use and repeal the Action Area overlay provisions to
help promote development activity?
-
STAFF RECOMMENDATION
It is recommended that the Development Code be amended as follows: repeal
the Action Area Overlay; amend the CBD section of the code to include the
existing interim requirements of the Action Area Overlay; amend the use
classification for Automotive Equipment: Sales/Rentals, Light Equipment
to include boat dealers; add Children's Day Care, Residential Care facilities
and outdoor storage if screened on all sides as outright uses in the CBD;
add drive up windows as a conditional use in the CBD; and allow the non-
conforming use of existing industrial structures in the CBD.
INFORMATION SUMMARY
Representatives of Stevens Marine contacted the City regarding how to proceed
v'' h expansion of their boats sales and repair facility. The facility is a
;L.-conforming use and would not be allowed to expand according to existing code
provisions. The request initiated staff consideration of a number of issues
relative to the CBD. As a result, staff proposed a number of amendments
related to improving the flexibility of development in the CBD and to promote
increased development activity. NPO's 1 & 2 reviewed the proposals and indi-
cated support. The Planning Commission reviewed the proposals at a public
hearing on August,19, 1991. The Commission recommended that the Council
adopt the amendments with one modification of the original staff recommendation.
That modification entailed keeping Automotive Equipment: Sales/Rentals, Light
Equipment (including the addition of boat dealers) as a conditional use
rather than making it an outright use. The modification provides more control
than would the listing of the classification as an outright use. The proposed
changes are not seen as an end-all solution to development of the CBD. They
proposed as a means assist in generating development activity and flexibility.
Attachment include: 1) an ordinance adopting the proposed changes as Exhibit
"A" and 2) the staff memorandum reviewed by the Planning Commission.
PROPOSED ALTERNATIVES
1. Approve the changes as recommended by the Planning Commission by adopting
the attached ordinance.
2. Modify the proposed changes.
3. Reject the proposed changes.
FISCAL NOTES
applicable
F
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COUNCIL AGENDA ITEM
AND. CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 10, 1991 DATE SUBMITTED: September 3, 1991
ISSUE/AGENDA TITLE: Customer Service PREVIOUS ACTION: None
Statement -,7
PREPARED BY: Elizabeth Newton
DEPT HEAD OK y CITY ADMIN OK4 REQUESTED BY: Customer Service Task
Force
POLI Y ISSUE
Should the City Council endorse the Customer Service Statement developed by
the Staff Customer Service Committee?
INFORMATION SUMMARY
A number of Council Goals for 1991-1992 speak to providing a high level of
customer service. City staff has also identified providing quality customer
service as a high priority. To that end, a Task Force was formed to develop
a customer service statement and a plan to communicate the statement
throughout the organization. The Task Force members represented all
departments in all levels throughout the organization.
ALTERNATIVES CONSIDERED
1. Adopt the proposed Customer Service Statement.
2. Take no action at this time.
FISCAL IMPACT
None.
SUGGESTED ACTION
Move to endorse the proposed Customer Service Statement.
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CITY OF TIGARD
SETTING THE STANDARD FOR SERWCE EXCELLENCE
WE ARE C016 M17 TED TO...
PARTICLP ATIO11T
BY CITIZENS AND EMPLOYEES WOREING TOGETHER
~d,ESPONSgVE1l TES',S
IN AN ACCURATE AND TIMELY MANNER
COMMZIMC,MON
WITI.' OPENNESS AND CLARI77
COURTESY TO AM,
INNOVATION
BY CONSIDERING AND RESPECT3NG NEW IDEAS
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