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City Council Packet - 06/09/1992 AGENDA CITY OF TIGARD 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. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. 6:30 • STUDY SESSION! (6:30 PM) 7:30 1. BUSINESS MEETING (7:30 PM) 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. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: May 12 and 26, 1992 3.2 Receive and File: Council Calendar 3.3 Approve Fiscal Year 1992-93 Streets Capital Improvement Projects Program Recommended by the Transportation Advisory Committee 3.4 Local Contract Review Board: a. Authorize Advertisement for Bids for Pavement Major Maintenance Program b. Authorize Advertisement for bids for Alfred Street 3.5 Approve Reimbursement District - Edith Johnson Sanitary Sewer - Resolution No. 92- ZI COUNCIL AGENDA - JUNE 9, 1992 - PAGE 1 7:55 4. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 92-0002 ANDERSON (NPO 3). A request for Comprehensive Plan Amendment approval to redesignate a 7.73 acre site from Professional Commercial and Low Density Residential to Medium-High Density C Residential. APPLICABLE APPROVAL CRITERIA: Statewide Planning & 13, Comprehensive Plan Policies 1.1.2, 2.1.1, 6.1.1, 7.1.2, 7.6.1, 8.1.1, 8.2.2,,9.1..1,, 9.1 3,, and 12.1.1; Community Development Code Chapter 18.22. LOCATION: South side of Bull Mountain Road, between 500 and 1100 feet west of Pacific Highway. (WCTM 2S1 10AC, tax lots 1300 and 1400, and 2S1 1013D, tax lots 1600 and 2100) ZONE: Washington County's R-6 Zone (Residential, 6 units/acre) Staff Recommends Setting Over the Hearing to a Date Certain (July 14, 1992) per Applicant's Request of 6/1/92. 8:00 5. ORDINANCE CONSIDERATION - PARKING RESTRICTIONS ON S.W. FIR STREET • Staff Report - Engineering Department • Council Consideration 8:15 6. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 92-004; RAMLER (NPO 3) A request to annex one parcel consisting of 0.50 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-4.5 (Residential 4.5 units/acre). The applicant is requesting the annexation for partitioning the parcel and connecting the lots to city sewer. APPLICABLE REVIEW CRITERIA: 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; Community Development Code Sections 18.32.020,18.,0,2.040,18.:32.13C), 18.136,18-138,18.138.020 (A) (B). LOCATION: 11370 SW Gaarde Street (WCTM 2S1, 10AB, Tax Lot 1500) ZONE: R-4.5 (Residential 4.5 units/acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tanks, and accessory structures. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: • NPO 3 • Proponents (Favoring Annexation) • Opponents (Opposing Annexation) • Rebuttal Opportunity e. Council Questions/Comments f. Public Hearing Closed g. Council Consideration: Resolution No. 92-2a; Ordinance No. 92- H COUNCIL AGENDA - JUNE 9, 1992 - PAGE 2 8:45 7. PUBLIC HEARING - 1992-93 USES OF STATE REVENUE SHARING • Public Hearing Opened Declarations or Challenges • Summation by Budget Officer . Public Testimony: Proponents, Opponents, Cross Examination . Recommendation by Budget Council Questions or Comments • Public Hearing Closed • Consideration by Council: a. RESOLUTION NO. 92- 2q A RESOLUTION CERTIFYING THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING AN REVENUES b. ORDINANCE NO. 92 I ORDINANCE DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES 8:55 8. PUBLIC HEARING - 1992-93 FISCAL YEAR BUDGET • Public Hearing Opened Declarations or Challenges • Summation by Budget Officer • Public Testimony: Proponents, Opponents Recommendation by Budget Officer • Council Questions or Comments • Public Hearing Closed • Consideration by Council: Resolution No. 92-30 9:20 9. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 92-01 A proposal to consider ~ amending the Community Development 'Code pertaining to Temporary Signs (Ch. 18.114.100); Balloons (Ch. 18.114.090); Sign Exemptions (Ch. 18.114.080); and Definitions (Ch. 18.114.015). The proposal amendments will limit the number of temporary signs per business to one with a maximum of 24 square feet of area; require a permit for all temporary signs; limit temporary sign permits to be issued for periods no longer than 30 days and for a maximum of three periods per calendar year and include all temporary signs (banners, rigid,. wall) to be within the same classification. Provide for real estate signs not classified as a lawn sign; exempt temporary real estate signs from the 10 day removal period and specify that temporary political signs shall be removed ten days after the election to which they pertain. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: . Proponents (Favoring Amendment) • Opponents (Opposing Amendment) e. Council Questions/Comments f. Public Hearing Closed g. Council Consideration: Ordinance No. 92-?0 C COUNCIL AGENDA - JUNE 9, 1992 - PAGE 3 9:40 10. NON-AGENDA ITEMS 9:50 11. ADMINISTRATIVE REVIEW/UPDATE City Administrator 10:00 12. 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. 10:15 13. ADJOURNMENT ,r COUNCIL AGENDA - JUNE 9, 1992 - PAGE 4 Council Agenda Item 3,1 T I G A R D C I T Y C O U N C I L MEETING MINUTES - June 9, 1992 • Meeting was called to order at 6:32 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Valerie Johnson, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; John Acker, Associate Planner, Dick Bewersdorff, Senior Planner; Elizabeth Hadley, City Intern; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Pathway (Pathfinder/107th - Genesis Neighborhood Connection Associate Planner Acker reviewed the background on a proposed pathway for the above-referenced area. Council heard from representatives of the neighborhoods. Two viewpoints were considered: 1) A request for a pathway connection utilizing a to-be- acquired easement across one lot and then to an existing sidewalk, and 2) A request to construct the path in the greenway area. Petitions had been reviewed earlier by the City requesting that the Pathway connection be across an easement and then to an existing sidewalk. Concerns cited from the neighbors who were opposed to the greenway paths were that of security, vandalism, and liability issues for the City. Barbara Kelley was spokesperson for the neighbors who were opposed to the greenway easement. She noted that in a Park Board meeting in 1987 or 1988 Daniel Graham, Chairperson of the Park Board, had committed to a connection to the existing sidewalks. She also stated a concern about disturbing wildlife in the greenway. Peter Willging, who was a spokesperson for those neighbors who were in favor of the greenway path system, cited reasons why he discounted the concerns of the opposing position. He said that he felt that this greenway path system should have been implemented last year. He noted safety was not a problem, in fact, it is now CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE i an attractive nuisance and a well-traveled path would reduce vandalism. . He referred to the now-present piling of building materials and compost bins along the back of some property as rebuttal to the argument that the creek would become a dumping area. He said the greenway should be available for public use. Lengthy discussion followed. Listed below are some of the comments by Council: Mayor Edwards advised that he agreed with the greenway system as proposed. He understood the concerns with potential vandalism noting that he, too, lives along a greenway system. He advised that he was not convinced that wildlife would be disturbed because of a pathway. He was concerned about a commitment that may have been made by a committee or staff person several years ago. City Council would have to have had knowledge and agreed to this commitment; he noted concern with damage done to the relationship between the neighbors and city over this issue and expressed regret over a misunderstanding. • Councilor Schwartz was concerned with precedent in connecting pathways to sidewalks when the neighbors do not want paths in the greenway behind their homes. He noted this would result in a checkerboard type of path system. He advised he thought police services could be rendered more easily using an eight- foot asphalt pathway than if there was no path. Councilor Fessler also was concerned for the people who were under the impression that the pathway would be coming out to the sidewalk. She asked questions concerning the cost differential between building the pathway to the sidewalk rather than through the greenway. She agreed with Mr. Willging's concern about creating a crosswalk at the intersection where the pathway will come out to the street and noted that a 4-way stop sign should also be considered. Councilor Johnson noted that the arguments against the greenway path system were concerns connected with all pathways, i.e.: safety, littering, and security. It becomes a "bigger-picture" question; the Council is charged with making decisions for the entire community. She noted that the community supports the overall creation of a greenway path system. She expressed regret with the misunderstanding of past discussions but advised that she supported the Park Board recommendation that the path be placed in the greenway. She agreed that the intersection should be looked at for safety as well. CITY COUNCIL MEETING {MINUTES - June 9, 1992 - PAGE 2 • Mayor Edwards asked City Legal Counsel about the legal liabilities of such a path system. Legal Counsel Ramis responded that the city cannot act continuously in a mode of protecting themselves from claims; however, they can do everything possible to build safely. • Council agreed that the greenway area should be used for the pathway. AGENDA REVIEW Councilor Fessler noted that a visitor may have questions on items 3.3 and 3.4a of the Consent Agenda. City Administrator Reilly said he anticipated that representatives from Harmony House would be requesting council reconsider the Budget Committee's recommendation that no contribution be made to this organization in the next fiscal year. BUSINESS MEETING 2. VISITOR'S AGENDA - No visitors. 3. CONSENT AGENDA: Councilor Fessler requested that item 3.3 and item 3.4a be removed for separate consideration. Motion by Councilor Johnson, seconded by Councilor Schwartz, to approve Consent Agenda items 3.1, 3.2, 3.4b, and 3.5. 3.1 Approve Council Minutes: May 12 and 26, 1992 3.2 Receive and File: Council Calendar 3.4 Local Contract Review Board: b. Authorize Advertisement for bids for Alfred Street 3.5 Approve Reimbursement District - Edith Johnson Sanitary Sewer - Resolution No. 92-27 Consent Agenda was approved as listed above by a unanimous vote of Council present. Council then considered the following: 3.3 Approve Fiscal Year 1992-93 Streets Capital Improvement Projects Program Recommended by the Transportation Advisory Committee 3.4 Local Contract Review Board: a. Authorize Advertisement for Bids for Pavement Major Maintenance Program C CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE 3 C Councilor Fessler noted that the Main Street pavement reconstruction project was for the area located between Scoffins Street and the intersection with 99W and Greenburg Road. She said she had been approached by those who had concerns about when the remainder of Main Street would be reconstructed. She had been asked if additional work could be accomplished by using Tri-Met taxes. City Engineer Wooley responded that Tri-Met dollars could not be used for a project of this type. He advised that the gas tax is the primary source of funding for projects of this type. The section of Main Street which was being recommended to be reconstructed was prioritized to be in need of repair first. Additional work on Main Street would be reviewed as funding becomes available. C_ Motion by Councilor Fessler, seconded by Councilor Schwartz, to approve Consent Agenda items 3.3 and 3.4a. The motion was approved by a unanimous vote of Council present. 4. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 92-0002 ANDERSON (NPO 3). A request for Comprehensive Plan Amendment approval to redesignate a 7.73 acre site from Professional Commercial and Low Density Residential to Medium-High Density Residential. APPLICABLE APPROVAL CRITERIA: Statewide Planning Goals 1, 2, 9, 10, 11, 12, &c 13; Comprehensive Plan Policies 1.1.2, 2.1.1, 6.1.1, 7.1.2, 7.6.1, 8.1.1, 8.2.2, 9.1.1, 9.1.3, and 12.1.1; Community Development Code Chapter 18.22. LOCATION: South side of Bull Mountain Road, between 500 and 1100 feet west of Pacific Highway. (WCTM 2S1 10AC, tax lots 1300 and 1400, and 2S1 10BD, tax lots 1600 and 2100) ZONE: Washington County's R-6 Zone (Residential, 6 units/acre) • Hearing was continued to July 14, 1992 per Applicant's Request of 6/1/92. 5. ORDINANCE CONSIDERATION - PARKING RESTRICTIONS ON S.W. FIR STREET a. City Engineer Wooley reviewed the Staff Report and proposed ordinance. b. Mayor Edwards noted that comments were received from the Police Department and emergency services supporting the proposed parking restriction. CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE 4 C C. Mr. Jim Walker, 7424 SW Fir, noted the safety hazard with the current parking situation. He supported the proposed ordinance. He noted problems with the entrance to nearby apartments and advised that better signage directing people to the apartment entrance would be helpful. He also noted that there had been problems in the area (trespassing, littering) and requested more frequent police patrols. Mayor Edwards requested that staff contact the property owners of the apartments for the entrance signage and also to convey to the Police Department the request for frequent patrol in this area. d. ORDINANCE NO. 92-17 - AN ORDINANCE AMENDING TMC 10.28.130 TO PROHIBIT PARKING ON A PORTION OF SW FIR STREET. e. Motion by Councilor Johnson, seconded by Councilor Schwartz, to approve Ordinance 92-17. Councilor Schwartz commented that he was normally hesitant to approve restricted parking; however, he believes that this situation deserves special consideration. He expressed his desire that a dead end sign be posted on the street as well, along with increased neighborhood patrol. The motion was approved by unanimous vote of Council present. f. City Engineer Wooley noted it would be two to three weeks before the signs would installed for the No Parking. 6. PUBLIC E[EARING - ZONE CHANGE ANNEXATION ZCA 92-004; RA IjER (NPO 3) A request to annex one parcel consisting of 0.50 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-4.5 (Residential 4.5 units/acre). The applicant is requesting the annexation for partitioning the parcel and connecting the lots to city sewer. APPLICABLE REVIEW CRITERIA: 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; Community Development Code Sections 18.32.020, 18.32.040, 18.32.130, 18.136, 18.138, 18.138.020 (A) (B). LOCATION: 11370 SW Gaarde Street (WCTM 2S1, 10AB, Tax Lot 1500) ZONE: R-4.5 (Residential 4.5 units/acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE 5 / temporary uses, residential fuel tanks, and accessory l structures. a. Public Hearing was opened. b. There were no declarations or challenges. C. Senior Planner Bewersdorff reviewed the Staff Report. There is one property owner affected; the request to annex was made in order to be able to connect to sewer. One property owner would not grant an easement; however, a sewer can be accessed through another route. Staff received word that the deed to the subject property was transferred today; Mr. Dennis S. Wittenberg was the new property owner. d. Public testimony: • Eldon Hodapp, 11460 SW Gaarde Street, Tigard, Oregon, testified that he was concerned the affect this annexation would have on adjacent neighbors who do not want to be annexed. Mayor Edwards responded that Council had discussed the City annexation policy recently. Although the posture on annexation was being changed, the criteria for the new policy was still being developed. This particular annexation would not affect adjacent properties at this time. Councilor Johnson noted that this action would bring the full length of Gaarde Street into the City; City Police would be responsible to protect the length of Gaarde Street. e. Public hearing was closed. f. RESOLUTION NO. 92-28 - A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. (ZCA 92-04) (RAMLER) g. Motion by Councilor Fessler, seconded by Councilor Johnson, to adopt Resolution No. 92-28 with "Ramler" to be changed "Wittenberg" as noted by staff. The motion was approved by a unanimous vote of Council present. C CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE 6 h. ORDINANCE NO. 92-18 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92-04) (WITTENBERG) AND DECLARING AN EFFECTIVE DATE. i. Motion by Councilor Johnson, seconded by Councilor Schwartz, to adopt Ordinance No. 92-18. The motion was approved by a unanimous vote of Council present. 7. PUBLIC HEARING - 1992-93 USES OF STATE REVENUE SHARING a. The Public Hearing was opened. b. There were no declarations or challenges. C. Finance Director Lowry summarized the staff report. d. Public testimony: • Andrew Spiak, 9825 SW O'Mara, Tigard, Oregon and Frank Smith, 10362 SW McDonald Street, Tigard, Oregon testified. These gentlemen represented the Harmony House and advised that they had approached the Budget Committee for a $19,000 contribution from the City of Tigard. Their organization assists people with alcohol and drug dependencies. Mr. Spiak advised that the city receives approximately $190,000 in liquor tax revenue. He thought it would be appropriate for Tigard to fund a portion of this "windfall" to assist with the problems created by alcohol. Councilor Johnson advised that she was present during the Harmony House presentation to the Budget Committee. She agreed it was a logical connection for liquor tax 'revenues to be used for this purpose. However, she recalled the concern of the Budget Committee was because of Harmony House's testimony that their overall funding was in jeopardy. She advised that she was not persuaded to go against the Budget Committee's recommendation. She encouraged the representatives to be persistent and apply again next year. Councilor Fessler also recalled that the Budget Committee had inquired as to what kind of dollars were available and being used specifically in the Tigard community. C CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE 7 In response to a question from Councilor Schwartz, Mr. Smith reviewed the program provided by the Harmony House. Councilor Schwartz asked what percentage of the people who use the services were Tigard residents. Mr. Smith responded that the services were available to all people in Washington County, but noted that because of his easy access, it was especially a good factor for Tigard residents. He did not give a number with regard to usage by Tigard residents. Mayor Edwards questioned whether all cities in Washington County were being solicited for contributions. For example, were Beaverton, Tualatin, Sherwood, and King City also contributing to the Harmony House. After discussion, city council consensus was not to entertain an amendment to the Budget for a Harmony House contribution. Mayor Edwards advised that criteria was being developed for requests from service agencies to the City. He encouraged the Harmony House representatives to apply again next year. At that time, the list of criteria would be available to help them know what kind of information the was needed to help the City make `L their decision. e. Public Hearing was closed. f. RESOLUTION NO. 92-29.- A RESOLUTION CERTIFYING THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES g. ?Motion by Councilor Schwartz, seconded by Councilor Fessler, to approve Resolution No. 92-29. The Motion was approved by unanimous vote of Council present. h. ORDINANCE NO. 92-19 - AN ORDINANCE DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES i. Motion by Councilor Schwartz, seconded by Councilor Fessler to approve Ordinance No. 92-19. The Motion was approved by unanimous vote of Council present. CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE 8 C C C. 8. PUBLIC HEARING - 1992-93 FISCAL YEAR BUDGET a. The Public Hearing was opened. b. There were no declarations or challenges. C. City Administrator Reilly summarized the Budget message. He noted that the proposed Budget was a maintenance budget. He advised of constraints and the unknowns associated with the implementation of Ballot Measure 5; impacts are being felt at other levels of government. The City budget was prepared with the goal of continuing to improve the quality of life within the financial structure. (A copy of the City Administrator's budget message has been filed with the Council Packet material) d. Finance Director Lowry advised that the proposed Budget resolution reflects the Budget Committee's recommendation. He noted Council has the authority to increase the budget up to 10% over what the Budget Committee recommended. He advised that Staff was recommending no changes in the Budget. e. Public hearing closed. f . RESOLUTION NO. 92-30 - A RESOLUTION APPROVING THE BUDGET, MAKING APPROPRIATIONS AND DECLARING THE AD VALOREM TAX LEVY FOR FISCAL YEAR 1992-93. g. Motion by Councilor Johnson, ssconded by Councilor Schwartz, to approve Resolution No. 92-30. The Motion was approved by unanimous vote of Council present. Congratulatory remarks were made by Council to the Finance Director and support staff for making the budget process a smooth one. The City of Tigard has received several awards for the budget. 9. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 92-01 A proposal to consider amending the Community Development Code pertaining to Temporary Signs (Ch. 18.114.100); Balloons (Ch. 18.114.090); Sign Exemptions (Ch. 18.114.060); and Definitions (Ch. 18.114.015). The proposal amendments will limit the number of temporary signs per business to one with a maximum of 24 square feet of area; require a permit for all temporary signs; limit temporary sign permits to be issued for periods CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE 9 R r no longer than 30 days and for a maximum of three periods per calendar year and include all temporary signs (banners, rigid, wall) to be within the same classification. Provide for real estate signs not classified as a lawn sign; exempt temporary real estate signs from the 10 day removal period and specify that temporary political signs shall be removed ten days after i the election to which they pertain. 4 a. Public Hearing was opened. b. Councilor Fessler declared that she had been serving on the Planning Commission when this item had been reviewed before that body. She advised she felt that she could make an impartial decision on this issue. C. Senior Planner Bewersdorff summarized the Staff Report. d. Public Testimony • Bill Gross, testified on behalf of NPO #7; he noted that the NPO endorsed the amendments with the intent of the Temporary Sign Code to limit and control temporary signs and make enforcement practical. He advised that a quorum had been present and that the endorsement was done through a unanimous vote of the NPO members present. e. Council questions and comments followed. Several councilors stated concerns over the permit process. At the end of discussion, Council requested that Staff make every effort to have the permit process be as easy as possible. Mayor Edwards acknowledged the City Attorney's efforts and thanked him with regard to researching the Constitutional issues on this item. f. Public Hearing was closed. g. ORDINANCE NO. 92-20 - AN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO TEMPORARY SIGNS (CH. 18.114.100); BALLOONS (CH. 18.114.090); SIGN EXEMPTIONS (CH. 18.114.060); AND DEFINITIONS (CH. 18.114.015). h. Motion by Councilor Fessler, seconded by Councilor Johnson, to adopt Ordinance No. 92-20. The Ordinance was adopted by unanimous vote of Council present. CITY COUNCIL MEETING MINUTES - June 9, 1992 - PAGE 10 e 5 a f e 10. NON-AGENDA ITEMS - None C. 13-• EXECUTIVE SESSION: The Tigard City Council went into Executive Session 9:02 to 9:50 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. 12. ADJOURNMENT: 9:50 p.m. At e t . 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Box 23397 e Tigard, OR 97223 e Legal Notice Advertising e ❑ Tearsheet ❑ Duplicate AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )as' I, Judith Koehler being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thaTigard Times a newspaper of general cir latio as defined in ORS 193.010 and 193.020; published at NOM in the aforesaid county and state; that the Nor4 ~A „ g Pill-NI,ir Hearing BWget a printed copy of which is hsreto annexed, was published in the entire issue of said newspaper for one successive and consecutive in the following issues: May 28, 1992 Subscribed and sworn before me this' 28 flay of Mar, 1,99 i V Notary Public for Oregon My Commission xpires: AFFID"IT ltl C7 C- . CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington )SS City of Tigard ) begin first duly sworn, on oath, I, depose an say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) G a.-\-1 !a \QA a° k (A `-b which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached and reference made a part hereof, on the 1% day of 4 kA_X\_~ , 19a a-: 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. Washington Federal Savings Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Pk r* M Subscribed and sworn to before me this day of ar , 19 9a OFFICIAL SEAL M. JOAP414 HAYES NOTARYPUBLIC•OREGON Notary P lic for Oregon COMMISSION NO.006513 MY G~JMMISSION EXPIRES MAY 5, 1995 My Commission Expires: :S %q q cj--- C 1oginyo\cwpost CITY OF TIGARD, OREGON ORDINANCE NO. 92- 1-7 AN ORDINANCE AMENDING TMC 10.28.130 TO PROHIBIT PARKING ON A PORTION OF SW FIR STREET. WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of certain public streets in Tigard; and, WHEREAS, the Council has received a request for prohibition of parking on a portion of SW Fir Street in order to improve safety and provide for emergency vehicle access; and, WHEREAS, it appears to the Council that the requested parking prohibition will enhance public safety. THE CITY OF TIGARD ORDAINS AS FOLLOWS: 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: 11(79) Along portions of SW Fir Street between SW 72nd Avenue and the street terminus west of 74th Avenue, as follows: along the entire south side of the street; along the north side of the street within 60 feet of the west curbline of SW 72nd Avenue; and along the north side of the street west of a point which is 60 feet west of the centerline of SW 74th Avenue." 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 U n Cc.n.i m ous vote of all Council members present after being read by number and title only, this G1n day of 1992. ZGer '7eatley, City Rrder APPROVED: This day 1992. . Edwards, M ayor Approved as to fo m~ r`' C js--,1 1 f Cily/ Attorney' ~ I I /~Z- Date rH/flr-ord ORDINANCE No. 92- I Page 1 CITY OF TIGARD, OREGON ORDINANCE NO. 92- IS AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92- 04) (RR19~) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a request for annexation signed by Wallace and Eva Sweeney, who are the owner of the subject parcel; and WHEREAS, The City Council held a public hearing on June 9, 1992 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on June 9, 1992 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation 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 Mao/Lot Number Current Zoning Proposed Zoning 2S1 10AB/1500 Wash. Co. R-6 Tigard R-4.5 Section 2: The property meets the definition for an established 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 vote of all Council members pese,nt after C being read by number and title only, this day of Catherine Wheatley, City Record APPROVED: This f~ day of , 1992. Gerald R, Edwards, Mayor Appr v d as to ` c- City torne ~ Date C CITY OF TIGARD, OREG/O~~N ORDINANCE NO. 92- ~`7 AN ORDINANCE DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Pursuant to ORS 221.770, the City hereby elects to receive state revenues for fiscal year 1992-93. 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 u ~ZC~i~1-~yUS vote of all Council embers present fter being read by number and title only, this C) -L4A _ day of tl► 1992. C t erine Wheatley, City Recc£fder APPROVED: This Cl-~► day of . 1"2,,---' ✓Gerald R. Edwards, Mayor App oved as to form: C \Ir i- Y Cit ttorney C9- L Q R 2 Date I certify that a public hearing before the Budget Committee was held April 27, 1992 and May 4, 1992, and a public hearing before the City council was held on June 9, 1992, giving citizens an opportunity to comment on use of State Revenue Sharing. Catherine Wheatley, City Recorder Da ORDINANCE No. 92- /q Page 1 CITY OF TIGARD, OREGON ORDINANCE NO. 92- O AN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO TEMPORARY SIGNS (CH. 18.114.100); BALLOONS (CH. 18.114.090); SIGN EXEMPTIONS (CH. 18.114.060); AND DEFINITIONS 18.114.015. WHEREAS, The City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, The City of Tigard desires to eliminate unclear and conflicting provisions relative to temporary signs; WHEREAS, The City of Tigard Planning Commission reviewed the staff recommendation at a public hearing on February 3, 1992 and voted to recommend approval of the amendment to the City Council; and WHEREAS, The City Council held a public hearing on March 24, 1992 and on May 26, 1992 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The Community Development Code shall be amended as shown in Exhibit "A". Language to be added in UNDERLINED. Language to be deleted is shown in [Brackets]. 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 U 0 LL n', `^n OUS vote of all Council members present after being read by number and title only, this G{~~ day of 1992. Catherine Wheatley, City ecorder APPROVED: This u` da o u ` , 1991: ~Zti%G Gerald R. Edwards, Mayor Approved as to form: Clj~j Attorney---' (9 ( CL Date ORDINANCE No. 97- 0 Page 1 ii. ) bi ` A 18.114.015 Definitions 52. Temporary sign - any sign, "A" board frame, banner, lawn sign,. or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or building_ [ and which is not an electrical sign or an internally illuminated sign or one with changeable message characteristics:] [a. Temporary Rigid Sign - a temporary sign, other than a lawn sign, made of rigid materials such as wood, plywood, plastic. See Subsection 18.114.100.0;] [b.]a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. includes simple children' balloons, hot and cold air balloons, blimps and other dirigibles. See Subsection 18.114.090.C; [c.]b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework. [See Subsection 18.114.100.C.5; and] [d.]c_. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.:114.060.8.2 can be met. S 0 1 7 i i 18.114.060 Sign Exemptions A. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provision of Subsection (B) below: [1. Signs of a temporary nature which meet all of the following criteria: [a. There is no more than one temporary sign on the premises; for each temporary sign in excess of the one exempted sign a temporary sign permit shall be required as provided in Section 18.114.100;] [b. Wall signs or wall banners which do not exceed a total of 30 square feet in area in commercial or industrial zones, or] 1. a. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: (i) a total of 12 square feet in single family residential zones; (ii) a total of 24 square feet in multi-family residential zones. [and;] [c.' The temporary sign will be erected for a period no longer than 60 days;] 2. Signs not oriented or intended to be legible from a right-of-way, other property, or from the air; 3. Signs inside,a building, except for strobe lights visible from a right-of-way, other property or from the air; 4. Painted wall decorations; 5. Painted wall highlights; [6. Lawn signs;] 6. [7.] Signs affected by stipulated judgments to which the City is a party, entered by courts of competent jurisdiction; 7.[8.] Directional signs; 8-[9.] Interior window signs; r B. 10.[11.] Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance, nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. No sign permit or fee shall be required for such signs. x[10.] Nothing in this title shall prevent the erection, location or construction of directional signs on private property when such signs are solely designed to direct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs; and All signs exempt from permit requirements under subsection A above shall meet the following requirements: 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C.[D]. The sign permit provisions of this section shall not apply to'repair, maintenance, or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. (Ord. 89-06; Ord. 88-20) 18.114.090 C. Balloons 1. One inflatable stationary balloon or one cluster of childrens° balloons firmly [tied down] secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; C. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A Permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year. [d.]e. Balloons may be permitted as roof signs with a city sign permit. [e.]f. The size of a balloon shall not exceed 25 feet in height; and [f.]q- The balloon shall be [tied or mounted] secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. C 18.114.100 Temporary Signs A. Authorization 1. The Director shall be empowered to authorize temporary signs not exempted by Section 18.114.060. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with-the terms of the authorization, and to ensure substantial compliance with the purpose of this title. C B. Issuance Authority 1. The Director may issue temporary sign permits which shall terminate within [60] 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than [60] 30 days, but a permit may be [renewed] reissued by the Director [upon a showing of good cause for the continuation of the temporary permit.] for two additional hermit periods (30 days each) per calendar year. C. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs shall not exceed [four] one for any [one] use at any one period of time; such,sicros are not permitted for 2. The total area of a [freestanding temporary rigid signs] temporary sicm [on one premise] shall not exceed 24 square feet and no more than 12 square exceed 24 square feet. [a. 32 square feet in residential zones; and b. 70 square feet in all other zones;] 3. See Subsection 18.114.015.0.52, Temporary Signs, for types approved. 4. Manager's desicmee. [4. Temporary wall signs shall not exceed 30 square feet in area;] [5. Banners: a. Banners may be allowed as temporary signs provided they meet the dimensional requirements for temporary wall signs (30 square feet maximum area) and a sign permit has been granted where required; and] [6.]4. A balloon as provided in Subsection 18.114.090.C. D. Location shall be as approved by the Director. E. Attachment: 1. Temporary signs may not be permanently attached to the ground, buildings or other structures. [F. Temporary Sign Summary: LAWN SIGNAGE * TEMPORARY RIGID SIGNS (exempted) * (with permit) T otal Area Number Spacing * Total Area Number Spacing Single * 12 sq ft No limit 50 ft * 32 sq ft Up to 4 N/A family Multi- * 24 sq ft No limit 50 feet* 32 sq ft Up to 4 N/A Other * N/A N/A N/A * 70 sq ft Up to 4 N/A] (Ord. 89-06; Ord. 88-20)] db/Tempsign 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. STAFF NAME & ADDRESS TOPIC CONTACTED Lisitora.s C AGENDA ITEM 5 IR Ste; C Name Name Address ~FZY R►2 s7`. dress Name e ress Name Address Address Name Name Address Address Name Address Address Name t Name Address ress e ,.Address Address Name Address r rasa dnems Name dress Address h:\Iog(n\lo\tes* Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: { AGENDA ITEM NO. Pro ve t. S es k~ct p rbr o tae PLEASE PRINT C DATE fR Qppane ty (Spealei W-Ag hbtb , ' e Name Name, *d"W~ Address Address I// C) Name Name Address dress ame ame Address Address Name ame ress Address Name Name Address Address Name Name Address Address Name Name Address Address x {{f}t J Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: g4TE ; June 9, 1992 PLEASE PRINT 1992-133 Opponent = (~peak9ng Against 1992-1993 Uses Propiohbnt cing r9 Favor of _ Uses of State .Revenue Shannt~j 7 of State Ravenua'.Sharcng) Name `1~rG~~ S l I ~ l Name Tess GC Z W O V'--, v-,c Kddre ame ~ ~ Name AkIdress p 3 2 S. w• C Address Na o Name Address Address Name Name Address Ad Tess ame Name -Address Address Name Name Address Address Name Name Address Address Name - - Name dress d Name Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM NO. 8 ' ~Y--- C p v' DATE' Juna.9, 1992 PLEASE PRINT Proponent (SPeaking 1n, FaVor.of 1992-1993 Opponent - {Speaking Against. 1662-1993 Fiswal. . ame Name Tess ress Name Name Address Address Name Name Address Address Name ame ress Address Name Name Address rasa Name e [LAddress. Address Name ama Address Address Name Name 'Address Address Name Nama Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Wr'Men comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: eAGEND/A ITEM N®. 9 3 C. DATE: June % ,:1992 PLEASE PRINT C, Peter Willging 10560 S.W. Pathfinder Way Tigard, Oregon 97223 Tigard City Council City Hall 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Councilmembers, JUN 01 1992 t i I am somewhat dismayed over the sudden opposition that has developed to the proposed connection of the Genisis neighborhood pathway system to the Pathfinder/107th neighborhoods. After years of planning, a public vote of approval and final approval by the ark board the project is being jeopardized by a few people with very narrow interests, but who also may be the most affected by the project. Since 1988 I have been interested in the construction of the pathway system for a number of reasons. First it will give children going from the Genisis neighborhood to Fowler and C.F. Tigard schools a safe means of walking to and from school without dodging automobile traffic on Fonner. Also, it will offer a pleasant access between neighborhoods for commuting by foot or bicycle and for other legitimate recreation. Ultimately all of the city parks should be connected via the greenway system to enable greater access and enjoyment by everyone. After four years of waiting, the project was about to enter the final planning and construction phase this summer, so it would be available by the next school year. Suddenly a ferocious opposition appeared that could postpone the project indefinitely. It is supported by two main arguments from two sectors. The first is the safety issue. This comes from the not in my back yard coalition. They feel that the installation of a walking path will attract drug dealers, muggers and other unsavory characters from all over the region. They discount the fact that none of these paranoias are substantiated by the experiences of other neighborhoods that have walking trails. They are also not interested in the possibility that when the area becomes easily accessible to people who wish to use it for legitimate purposes it will become less attractive for the juveniles who currently use it as a sanctuary due to its relative inaccessibility. It is not surprising that this group is mainly comprised of the dozen or so families that have property adjoining the greenway. I sympathize with the situation that they will lose their exclusive access to their private park. ( and I might add, private dump for yard debris) I cannot agree with the safety concern because the most effective method of deterring local crime is citizen involvement and cooperation with the police. If crime is such a predominant issue in our neighborhood, why has a neighborhood watch never been organized ? A new concern that has recently arisen is that if a connecting path goes in between Genisis and Pathfinder, school bus service may be discontinued to Genisis and beyond. This comes from the group that I affectionately call the free riders. Whatever happens in the neighborhoods is of little concern so long as they feel that their child's free ride to school everyday is not threatened. The theory must be that as long as the only way for Genisis kids to walk to school everyday is to face the hazards of walking down Fonner,. The school board will never discontinue bus service to the area. If we have to risk a few that go in early or stay late, it must be an acceptable price to pay so that our precious angels don't have to walk , just keep them out of extracurricular activities at school. In fact, the existence of a path will probably make no difference in determining whether or not bus service will be available. The sad truth probably is that crime may very well get worse and we could lose school bus service. However, it will or will not happen irregardless of whether a strip of asphalt is laid down between Genisis and Pathfinder. What will get us all in the end is the prevailing tendency to oppose any community enhancement that might conceivably diminish our personal privileges. Not only do we oppose any real personal sacrifice but we are inclined to vehemently oppose anything that we even perceive as a possible threat to our personal sense of security. I am happy to see that in this age of enlightenment we still determine the value of anything based primarily upon what is best for our personal situation. Then we quickly scramble for any evidence to support that conclusion without blatantly exhibiting how we arrived at it. Ultimately a few of us will be much better off if we abandon any effort at improving our collective assets in favor of fortifying our private security. However, the community will ultimately deteriorate. I originally supported this connection because I had the illusion that unencumbered access throughout the area would enhance the sense of a cohesive community. I don't reserve that illusion any more. There is no community. Just a bunch of houses defined by a common boundary. It is not the juveniles that we need to be afraid of, it's us. We have been preaching value oriented garbage for a decade now and the only value that I see is a vague definition based on superficial appearances, substance is irrelevant. What we are really teaching our children is that the primary consideration in any issue is what benefits "me" personally. Then we fabricate a bunch of token issues to support that pre-conclusion. Sincer ter Wi lxg~3fg MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: May 29, 1992 SUBJECT: COUNCIL CALENDAR, June - August 192 C Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. June °92 9 Tue Council Meeting Council Study Session (6:30) Council Business Meeting (7:30) 16 Tue Council Study Meeting (6:30) 23 Tue Council Meeting Council Study Session (6:30) Council Business Meeting (7:30) July 92 3 Fri 4th of July Holiday falls on Saturday; City Hall Offices closed July 3 14 Tue Council Meeting Council Study Session (6:30) Council Business Meeting (7:30) 21 Tue Council Study Meeting 28 Tue Board and Committee Interviews (5:30) Council Study Session (6:30) Council Business Meeting (7:30) Aucaust "92 11 Tue Council Meeting Council Study Session (6:30) Council Business Meeting (7:30) 18 Tue Council Study Meeting (6:30) 25 Tue council meeting Council Study Session (6:30) Council Business Meeting (7:30) h:\login\caxhy\cccal }r 't COUNCIL AGENDA ITEM 3.3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 9, 1992 DATE SUBMITTED: ISSUE/AGENDA TITLE: Approval of PREVIOUS ACTION: DEPT HEAD OK CITY ADMIN OK PREPARED BY: City Engineer REQUESTED BY: Approval of street projects to be fun ed from the Capital Improvement Program (CIP) budget for Fiscal Year 1992-93. STAFF RECOMMENDATION Approval of projects as recommended by the Transportation Advisory Committee. INFORMATION SUMMARY The proposed budget for Fiscal Year 1992-93 includes funds for capital improvements to the street system. The Transportation Advisory Committee has recommended that the funds be used for the following projects: TIF: The proposed budget for projects to be funded from Traffic Impact Fees (TIF) are shown on the attached sheet. No new projects are shown on the sheet. All additional revenues are to be used to complete existing projects. The project budget includes construction funding for two projects previously funded only for design and right-of-way acquisition; the two projects are the 72nd/99W intersection improvements and the extension of 109th Avenue. Gas Tax: Some funds will be needed to complete current committed projects. It is recommended that all remaining gas tax funds be used for major pavement maintenance projects, as follows: Committed projects from previous years $174,000 Major maintenance (overlays & slurry seals) 331,000 Main St. reconstruction (Scoffins to 99W) 120,000 Total Gas Tax CIP $625,000 PROPOSED ALTERNATIVES 1. Approve the projects as recommended by the Transportation Advisory Committee. 2. Revise the project list. FISCAL NOTES C rw/s-cip M May 5, 1992 PROPOSED F.Y. 1992-93 BUDGET FOR T.I.F. - FUNDED PROJECTS T.I.F. FUNDING PROJECTS ARTERIAL COLLECTOR TRANSIT 72nd/99W 347,000* Dartmouth Street 30,000 Bonita/72nd Signal 50,000 Hall/Bonita Signal 120r000 109th Extension 500,000* Cascade Blvd. R/W 75,000 Reserve for transit 133,000 467, 000 655,000 133,000 TOTAL ESTIMATED T.I.F. REVENUE THROUGH 6/30/93 = $1,255,000 *Increased from FY 1991-92 budget to provide for complete project. Only design and right-of-way was funded in FY 1991-92 budget. dj/RW:tif-fund.tb1 C COUNCIL AGENDA ITEM 3, y a- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (Local Contract Review Board) AGENDA OF: June 9, 1992 DATE SUBMITTED: ISSUE/AGENDA TITLE: Authorization to, PREVIOUS ACTION: maintenance vjrQ ram.v PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFO THE COUNCIL Authorization to advertise for bid for the pavement major maintenance program. STAFF RECOMMENDATION That the Local Contract Review Board authorize the City Engineer to advertise for bids on the projects described below. INFORMATION SUMMARY The proposed FY 1992-93 capital improvement program for streets includes a substantial budget for pavement major maintenance projects. The proposed projects include the following: Slurry Seal Program. This project will repair and seal pavements in 48 locations, as shown on the attached list. Overlay Program. This project will provide repair and pavement overlay on 19 streets, as shown on the attached list. Main Street Pavement Reconstruction. This project will reconstruct the pavement on Main Street between Scoffins Street and the intersection with 99W/Greenburg Road. These major pavement maintenance projects were selected based on data generated from the City's computerized pavement maintenance system. The slurry seals and overlays will extend the useful service life of the street pavements, reducing long-term maintenance costs and maintaining better surfaces for the motoring public. The third project will begin the reconstruction of the asphalt pavement on Main Street, where the pavement deterioration is too extensive to allow sealing or overlaying. PROPOSED ALTERNATIVES 1. Authorize advertisement for bids. 2. Withhold authorization. FISCAL NOTES Funding for these projects is included in the proposed FY 1992-93 budget. aid award will require additional LCRB approval and will occur after formal approval of the budget by the Council. 1992/93 PAVEMENT MAJOR MAINTENANCE PROGRAM SLURRY SEAL PROGRAM LOCATION AREA CK SEAL DIGOUT S.Y. L.F. S.Y. 1 72nd Avenue 1,455 Spruce to Pine 2 Spruce Street 6,183 2000 78th to 71st 3 81st Avenue 3,092 900 Pfaffle to Steve 4 Steve Street 3,004 900 81st to 83rd 5 Atlanta Street 2,376 67th to 69th 6 Cherry Drive 7,610 72nd to Varns 7 Fir Street 1126 Cherry to 76th 8 Varns Street 4400 72nd to Cherry 9 76th Avenue 2065 Fir to Varns 10 109th Avenue 4,400 2500 10 Cantebury to End 11 Canterbury Lane 7,186 3600 20 99W to 103rd 12 103rd Avenue 3,900 Cantebury to McDonald 13 Elrose Street 1,000 97th to 97th P1. 14 97th Place 1200 Elrose to CdS 15 93rd Avenue 4,588 1200 100 Inez to McDonald 16 View Terrace 3100 East & West of 93rd 17 94th Court 669 View Terrace to End 18 Mountain View Lane 3,391 900 East & West of 93rd 19 Elrose Court 1,443 93rd to End 20 Hillview Street 4,259 104th to 100th Q C 1992/93 PAVEMENT MAJOR MAINTENANCE PROGRAM SLURRY SEAL PROGRAM C LOCATION AREA CK SEAL DIGOUT S.Y. L.F. S.Y. 21 103rd/Hillview Ave 800 Hillview to CdS 22 102nd Avenue 1,191 McDonald to Hillview 23 104th Avenue 1650 McDonald to Hillview 24 Frewing Street (STRIPING) 6,854 750 99W to O'Mara 25 Ash Drive 4,882 300 10 Ash to Ash 26 Frewing Court 1,173 100 Ash to End 27 Village Glenn Drive 4,505 700 Frewing to Ash 28 Village Glenn Court 986 Village Glenn to Cds 29 Village Glenn Circle 792 Village Glenn to Cds 30 Lake Street 751 Village Glenn to Cds 31 Hill Street 2,400 250 Ash to S/of Burnam Ct. 32 Burnham Court 939 Hill to Cds 33 Hill Court 739 Hill to Cds 34 87th Court 1,690 500 10 McDonald to Cds 35 McFarland Blvd. 7,698 200 Bull Mtn. to Wildwood 36 Wildwood Street 5,761 200 McFarland to McFarland 37 Cloud Court 1650 100 McFarland to CdS 38 Viewmount Lane 2,312 2100 115th to 114th 39 Viewmount Court 2350 1650 114th to CdS 40 114th Avenue 3,790 3200 Viewmount to Fairhaven C C. 1992/93 PAVEMENT MAJOR MAINTENANCE PROGRAM SLURRY SEAL PROGRAM LOCATION AREA CK SEAL DIGOUT S.Y. I L.F. S.Y. 41 Fairhaven/112th Court 690 Fairhaven to CdS 42 Fairhaven Street 3801 950 115th to CdS 43 92nd Avenue 1 200 Center to CdS , 15 44 Lomita Avenue 3,004 2200 90th to End 45 124th Avenue 7,580 4500 5 Walnut to Katherine 46 Brook Court 962 124th to Cds 47 Ann court 1,953 124th to CdS 48 Springwood Court 790 121st to CdS 60 TOTALS , c 1992/93 PAVEMENT MAJOR MAINTENANCE PROGRAM OVERLAY PROGRAM C LOCATION TONAGE INCHES S.Y. S.Y. 1 Thorn Street 3,472 2.25 82nd to 79th 454 2 79th Avenue 4,552 2 50 Pfaffle to Thorn 529 3 82nd Avenue 1,245 2 Steve to CdS 145 4 74th Avenue 2,958 3 Barbara to Taylors Ferry 516 5 Cedarcrest Street 557 3 74th to City Limits 97 6 Oak Street 5,230 2 1,046 25 E/of 95th to Hall 608 7 90th Avenue 2,324 2 581 10 Oak to Locust 270 8 90th Avenue 3,233 2.25 N.Dakota to Greenburg 423 9 Sandburg Street 2,550 2.25 1,913 72nd to 1st Corner 333 10 Carmen Road, EB Curblane 50 2 East of RR Tracks 6 it 100th Avenue 550 2.5. McDonald South 200' 80 12 87th Avenue 1,760 2.5 Oak to Locust 256 13 Baylor Street 1,895 2 72nd TO 69th 220 14 Ash Avenue 880 2 220 50 Burnham to Operations 102 15 127th Avenue 3,191 2 30 128th to Karen 371 16 Beveland Street 1,157 2 72nd to 70th 135 17 115th Avenue 9,974 2 997 10 Gaarde to Fonner 1,159 18 92nd Avenue 2,165 2 Greenburg to S.End 252 19 Tangela Street 1,514 2 92nd to End 176 TOTALS 49,257 S.Y. 4,757 175 6,132 TON c AGENDA OF: June 9, ISSUE/AGENDA TITLE: COUNCIL AGENDA ITEM 3. ~Jb CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (Local Contract Review Board) DATE SUBMITTED: :horization to /PREVIOUS ACTION: drainage PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Authorization to advertise for bids for Alfred Street storm drainage project. STAFF RECOMMENDATION That the Local Contract Review Board authorize the City Engineer to advertise for bids. INFORMATION SUMMARY The proposed project will resolve storm drainage problems in the vicinity of the intersection of Alfred Street and 69th Avenue. There have been occasional flooding problems in this area during major storms due to an inadequate storm drainage system. Originally, the project was to have been constructed by City crews. However, -during design, extensive and unexpected conflicts with other utilities were discovered. Because the construction is more complex than expected, use of an outside contractor is appropriate. Per the purchasing rules, LCRB authorization is needed prior to advertisement for bids. PROPOSED ALTERNATIVES 1. Authorize advertisement for bids. 2. Withhold authorization. FISCAL NOTES Funding for the project is from Storm Drainage Capital Improvement funds, using funds saved on the Main Street storm drainage project. rw/alf-cip C AGENDA OF: June 9 ISSUE/AGENDA TITLE: COUNCIL AGENDA ITEM 3.0 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 2 DATE SUBMITTED: May 26, 1992 mbursement PREVIOUS ACTION: Sewer PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN O REQUESTED BY: Formation of a reimbursement districtfor sanitary sewer constructed by Edith Johnson. STAFF RECOMMENDATION Approval of the attached resolution forming the reimbursement district. INFORMATION SUMMARY Last summer, a sanitary sewer line was extended in McDonald Street. The line was extended west from 97th Avenue to serve a property owned by Edith Johnson. The line provides service to the Johnson property and two other properties on McDonald Street. All costs of design and construction were paid by Edith Johnson, who has now requested formation of a reimbursement district. The engineer's report attached to the resolution provides more detail. No public hearing is required to form a reimbursement district. However, for a period of 60 days following adoption of a resolution, affected property owners may petition the Council for a hearing for any objections to be heard. The City Recorder will notify all affected property owners of the formation of the reimbursement district and their right to petition for a hearing. PROPOSED ALTERNATIVES 1. Adopt the resolution forming the district. 2. Modify the resolution. 3. Deny the request for formation of the district. FISCAL NOTES All costs are borne by Edith Johnson. No payment is required from other property owners until they connect to the sewer. rw/john-cs Council Agenda Item No. MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Cathy Wheatley, City Recorder DATE: June 2, 1992 SUBJECT: Public Hearing - CPA 92-0002 (Anderson) Staff recommends this hearing item be set over to July 14, 1992 per the applicant's request of June 1, 1992. t COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 9, 1992 _ DATE SUBMITTED: ISSUE/AGENDA TITLE: Parkin PREVIOUS ACTION: restrictions on SW Fir Street PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN O REQUESTED BY: Shall parking be restricted on porti ns of SW Fir Street? STAFF RECOMMENDATION Approval of the attached ordinance. ----------------------------INFORMATION SUMMARY Fir Street west of 72nd Avenue was improved last year when an apartment complex was constructed along the north side of the street. The improved street is approximately 25 feet wide. Widening of the street to full standards is not expected to occur until properties to the south are re- developed in the future. Residents have requested parking restrictions to assure adequate safe access to their homes and to assure that emergency vehicles can use the street at all times. When vehicles are parked on both sides of the street, the remaining aisleway may be too narrow to accommodate a fire truck. Comments have been received from the owners of all adjoining properties. There is agreement that parking should be prohibited along the south side of the street. Several suggested restrictions on both sides near 72nd Avenue to assure that there is room for a vehicle to turn off of 72nd when another vehicle is waiting on Fir to enter 72nd. In addition, the residents at the west end of Fir asked that parking be prohibited west of 74th where the street narrows to one lane. Responses from the Fire District and the Police Department support the parking restrictions proposed by the residents. These restrictions appear to be the minimum required to assure adequate access for emergency vehicles and safe traffic operations at the intersection with 72nd Avenue. PROPOSED ALTERNATIVES 1. Approve the attached ordinance adopting the requested restrictions. 2. Amend the ordinance. 3. Deny the request for parking restrictions. FISCAL NOTES If the ordinance is approved, the costs for posting of "No Parking" signs will be approximately $400. rw/fir-cs r H J w i ~noi AVENUE C C 'CL LL- 3nN3Ad PU21 M It COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 9 1992 DATE SUBMITTED: 5/27/92 ISSUE/AGENDA TITLE: Ramler Annex. PREVIOUS ACTION: None ZCA 92-0004 Zone Change Annexati n ~REPARED BY: Victor Adori DEPT HEAD O CITY ADMIN OUESTED-BY:---Ed-Murnhv------------- 1Aau~ nLi+vi~u Should the City Council forward a request for annexation of one parcel consisting of approximately 0.50 acre located at 11370 SW Gaarde Street to the Metropolitan Area-Local-Government-Boundary-Commission?--------------------- STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign a zoning designation of R-4.5 to the property. Direct staff to prepare a revised legal description "B Suppl." to include right-of-way of S.W. Gaarde Street, and S.W. 114th Avenue. INFORMATION SUMMARY This annexation request consists of one parcel totaling 0.50 acre that is contiguous to the City of Tigard on SW Gaarde Street. The owner of the property requested annexation in order to partition the parcel and obtain sanitary sewer service. The applicant requests annexation of his property via the "expedited method". The "expedited method requires no public hearing by the Boundary Commission, and will allow annexation approval within 28 days, instead of the customary 45 days. Letters were sent to all neighboring property owners (See Exhibit "A"). To date, there has been no response. Staff is suggesting that the street right-of-way including approximately 650 feet of the southern portion of S.W. Gaarde Street, and a 510 foot portion of S.W. 114th Avenue as shown on exhibit "A Suppl." be included in the annexation. A revised Legal description "B Suppl." will be prepared by the Engineering Department if the right-of-way is added to the annexation by council. PROPOSED ALTERNATIVES 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission including the right-of-way of S.W. Gaarde Street and S.W. 114th Avenue, and assign a zoning designation of R-4.5 to the property. 2. Adopt the attached resolution and ordinance to include only the 0.50 acre parcel. 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 $48,910 The City could increase its tax base by approximately $91. (Assessed value multiplied by City tax base portion of tax rate of $1.87/1000 as of 1/1/90 = $91.46). C va/ZCA92-04.Sum STAFF REPORT June 9, 1992 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. CASE: Zone Change Annexation 92-04 REQUEST: To annex one parcel consisting of 0.50 acre 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). The applicant requests that the expedited process be used. COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6 units per acre. ZONING DESIGNATION: Washington County R-6 (Residential, 5 units per acre). APPLICANT: Eugene C. Ramler c/o Dennis Wittenberg 11370 SW Gaarde Street Tigard, Oregon 97223 OWNER(S): Eugene C. Ramler 11370 SW Gaarde Street Tigard, Oregon 97223 LOCATION: 11370 SW Gaarde Street. (WCTM 2S1 10AB, Tax Lot 1500) 2. Background Information No previous applications have been reviewed by the City relating to this property. 3. Vicinity Information Property to the north of the site is in the City of Tigard and is zoned for single family residential development. Three of the parcels to the east are in Washington County and zoned R-6 (Residential, 6 units per acre). All other properties to the east are zoned R-4.5 (Residential, 4.5 units per acre) and are in the City of Tigard. All properties to the west are single family lots in Washington County. Four of the properties to the south are in Washington County and are developed as single family residential homes and are zoned R-6 (Residential, 6 units per acre). All other properties to the south are in the City of Tigard and are zoned R-2 (Residential, 2 units per acre) 4. Site Information and Proposal Description The property to be annexed has one single family residence with the remainder of the property undeveloped. The property is primarily covered with some trees. ( ZCA 92-04 Staff Report 1 The applicant requested that his parcel be annexed into the City of Tigard in order to partition the parcel and connect sewer line. An existing sewer line is located east of the parcelato be annexed, and southeast corner of Gaarde Street. 5. Aaencv and-MR-0 Comments Tigard Water District, Tualatin Valley Fire District, Washington ElectCountyonicsLand Use and al Gasr,s Tigard School General ict 23J, Portland General Electric, and Metro Area Communications have reviewed the proposal and have offered no objections or comments. 6. Police Department Consideration The Police Department has reviewed the proposal and have offered the following comments. The Police Department has no objection to this annexation, although it would be nice if the City can square off that whole area with the annexation of surrounding properties. The City should also consider taking Gaarde Street to the north of the property,to be annexed. Tigard Engineering Department consideration The Engineering Department suggests that a 650 foot strip of the southern portion of S.W Gaarde Street, and a 510 foot strip of the northern portion of S.W. 114th Avenue be included with this annexation. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen Involvement; 6.3.1, Established Areas; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria and chapters 18.136, - - Annexations;- and 18.138,_Established/Developing Area Claesification of the Tigard Community Development Code. The planning staff has determined that 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 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 indicates that adequate services are available in the vicinity and may be extsnded to accommodate the subject property. 4. Plan Policy 10.1.2 is satisfied because the annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within C ZCA 92-04 Staff Report 2 Y or outside the City. The land is located within Tigard's Area of Interest, and adequate service capacities can be made available to C_ accommodate the eventual development of the property as noted above. Inclusion of the street right-of-way on S.W. Gaarde and S.W. 114th will make police patrol more efficient and effective. 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 an Established 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 property is 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 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 an Established area and shall be designated as such on the development standards area map. C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 92-04, including a 650 foot strip of the southern portion of S.W. Gaarde Street, and a 510 foot strip of the northern portion of S.W. 114th Avenue. PREPARED BY: i Victor Adonri, Assistant Planner C ZCA 92-04 Staff Report 3 I .s 1 `~5Z-) RECEIVED APR 21199? MMMO aITY DEVELOPMENT son A ` - -D-/,S -l t 26 Ed, ~,c9 ' .I Z l~ I S~ti Q,~c~, }O_C I QC U< < _ j) F tG To 509 3 - 17 l C COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 9 1992 DATE SUBMITTED: Mav 28. 1992 ISSUE/AGENDA TITLE: PREVIOUS ACTION: N/A Certification to Receive State Shared A, DEPT HEAD OK ITY ADMIN PREPARED BY: Wavne Lowry REQUESTED BY: In order to receive state shared revenues, the Council must pass a resolution certifying that the City provides certain services. State revenues include cigarette, liquor, and highway taxes. STAFF RECOMMENDATION Approve attached resolution. INFORMATION ( SUMMARY To receive state shared revenues, the Cit " 1) Police Protection y must provide four or more of the following services: 2) Fire Protection 3) Street Construction, Maintenance, Lighting * 4) Sanitary Sewers 5) Storm Sewers 6) Planning, Zoning, and Subdivision Control 7) One or More Utility Services Services marked with an asterick are provided by the City. PROPOSED ALTERNATIVES 1. Approve attached resolution. 2. Do nothing. FISCAL NOTES 1. Secures state revenues of over $1,673,700 anticipated in approved budgef. ( 2. Loss of $1,673,700 COUNCIL AGENDA ITEM -7 b CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 9. 1992 ISSUE/AGENDA TITLE: Election to Receive State Revenue Sharin DEPT HEAD OK CITY ADMIN OK DATE SUBMIT T ED: May 28, 1992 PREVIOUS ACTION: N/A PREPARED BY: Wayne Lowry REQUESTED BY: ISSUE BEFORE THE COUNCIL In order to be eligible to receive state revenue sharing funds, the City must hold hearings before the Budget Committee and before the City Council, and must elect to receive such funds by Ordinance. STAFF RECOMMENDATION Staff recommends passage of attached Ordinance. C_ INFORMATION SUMMARY To receive revenue sharing from the State, the City must hold hearings before the Budget Committee and the City Council giving citizens an opportunity to comment on the use of such revenues. The hearing before the Budget Committee was held on April 27, 1992 and May 4, 1992. The hearing before City Council is to be held June 9, 1992. After meeting the hearing requirement, the City Council must elect to receive s!jch revenues by passing an appropriate Ordinance. PROPOSED ALTERNATIVES 1. Approve attached Ordinance. 2. Do nothing. FISCAL NOTES 1. Secures $175,000 estimated revenue in 1992/93 budget. 2. Loss of estimated $175,000 in General Fund. COUNCIL AGENDA ITEM g C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 9, 1992 AI DATE SUBMITTED: May 28, 1992 ISSUE/AGENDA TITLE: Adoption of PREVIOUS ACTION: Budget Committee 1992/93 Bud et recommendation - May 11, 1992 PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Budget Committee POLICY ISSUE Local budget law requires that a budget for the ensuing fiscal year be adopted by the governing body, after approval by the Budget Committee and after a public hearing has been held before the City Council. INFORMATION SUMMARY The City of Tigard Budget Committee reviewed the 1992/93 Proposed Budget as submitted by the Budget Officer. The Budget Committee completed their review on May 11, 1992 with approval of the budget as amended by the committee, in the amount of $21,547,491. The committee's recommended budget is reflected in the attached Resolution. Local budget law gives the governing body the authority to make certain changes to the Budget Committee recommendation prior to adoption of the budget. The Council may adjust budget resources up or down and may increase or decrease expenditures. Increases in expenditures are limited to 10% of the published total in each fund. No changes to the Budget approved by the Budget Committee are being proposed; however, the Council may initiate changes as specified above. The Budget Committee recommended 1992/93 budget is reflected in the attached resolution. ALTERNATIVES CONSIDERED 1. Adopt Resolution per Budget Committee recommendation. 2. Make changes within City Council's authority, then adopt Resolution. FISCAL IMPACT 1. Provides appropriations of $21,547,491. SUGGESTED ACTION Staff recommends approval of Resolution per Budget Committee recommendation. n:\word\linance\wlbudrez '.1 CITY OF TIGARD, OREGON BUDGET COMMITTEE MEETING 4:00 P.M. May 11, 1992 George Burgess, Judy Christensen, Judy MEMBERS PRESENT: Phil Westover, Fessler, Gerry Edwards, Floyd Bergmann, Deborah Hinton, Valerie Johnson The meeting began at 4:00 p.m of the May 4, 1992 meeting were approved by unanimous vote of all The minutes present. After discussion and comment by The Committee discussed Social Service funding. be approved at 1991192 levels several members, Gerry Edwards motioned that funding his concerns encies funded in 91/92. Gerry also explained that for now, for those ag ice from Community youth services had been dealt with. Service fund nglwas approved about serv osed. Social the motion. Seven voted in favor, one opp as follows: Community Youth Services $27,500 000 Tigard Seniors/Loaves & Fishes 155, 500 WCCAO/Neighborshare TOTAL $50,00 mittee discussed the funding of Chamber of Commerce brochures in the amount The Com 00. After some discussion it was decided thetChamber'ssdes g of $3 . brochures and have them printed the rather than funding h motioned that $3,000 remain in the budget for brochu all nr s but that they be desigDeboraned and printed by the City. George seconded. Vote: favor. discus ommittee discussed the 4th of July request. Cher $3 000 w th sion Dh orah which The C motioned to approve funding consistent with 91/92 Ilar for rivate donations received over $3,000 to a maximum of $4,000. Floyd for do p seconded the motion. Vote: all in favor. Ron Goodpaster, Police Chief, shared information with the Committee members about department automation, community policing and civilian officers. Ron explained how mobile data computers will be used in each patrol car to transmit data and to transfer data directly into the Records system bypassing current manual data entry. Ron explained the concept of community policing and how this philosophical change will affect the department and services to the community. Ron pointed out that the cap. on FTE has driven this issue. Ron also explained the idea of designing a community services officer as a future position in the department. It would be non-sworn and would take much of the administrative and report type work away from patrol officers to free them up for other duties. Ron then answered some questions about police capital requests. Cliff Scott, Operations supervisor, was present along with John Roy, Wastewater Supervisor, and Bob White, Streets Supervisor, to answer questions about Operations budget requests. Questions were asked about the request of a backhoe. Cliff and John explained that the new hoe would replace an older one and that it was needed for safety reasons in lifting the shoring shield. The idea of renting and contracting work out was discussed but did not appear to be practical. The request for a 10-year dump truck was discussed. Cliff explained that 3 trucks are needed and that this request is for a replacement of a 1968 truck that is in poor condition. The request for a used road grader was discussed. Bob White explained that it will be used for 2.5 miles of rock road and 32 miles of roads with no curbs. The grader is used for shoulder maintenance. Shops equipment and the Building Maintenance van were also discussed. Phil made the comment that he felt that staff was not treated as well as they should have been during questioning by the Committee. He pointed out that the City Administrator should be grilled but not the staff. Wayne discussed staff recommended carryover appropriations that should be included in the proposed budget. For details see attached adjustment list. After further discussion the following motion was made: Motion to approve the 1992/93 proposed budget as amended by the Budget Committee in the amount of $21,547,491. Motion made by Phil, seconded by George. Vote: all in favor. 2. Motion to approve the 1992/93 property tax levies as follows: C._ Amount Estimated Rates Tax Base $3,795,275 1.94 G/O Debt Service 249,925 .13 Road Bond Debt 1,150,485 .59 Park Serial Levy 350,000 .18 $5,545,685 2.84 Motion by Valerie, seconded by Deb. Vote: all in favor. Proposed Budget: $21,479,314 Staff Adjustments - carryovers 83,413 - police forfeitures 13.764 Sub-Total: $21,576,491 Committee Adjustments - Social Agencies - reduce to last year ($50,000) (29,000) $21,547,491 The meeting adjourned at 7:30 P.M. City Of Tigard, Oregon Adjustments to 1992/93 Proposed Budget iposed Adjustments Operations Yard Improvements Area A paving 16,935 Area B Paving 16,678 Covered Equipment Storage 32,300 Total Operations Yard Improvements 65,913 Modular Covered Walkway 7,500 TEI 1/2 Street Improvement 10,000 Police Special Forfeiture 13,764 Total Proposed Adjustments 97,177 Resources inning Fund Balance C Expenditures General Capital Projects Yard Improvements Covered Walkway 1/2 Street Improvement Gen Capital Projects Total Community Services Police 9492 14105 12655 29661 65,913 7500 7,500 10000 10,000 16992 14105 12655 39661 0 83,413 Total Adjustments LA 112 CITY 9 COUNCIL AGENDA OF : _ Mav-:96-. 1992 ISSUE/AGENDA TITLE: Zonina Ord DEPT HEAD OK CITY ADMIN O COUNCIL AGENDA ITEM OF TIGARD, OREGON AGENDA ITEM SUMMARY DATE SUBMITTED: May 13, 1992 a d PREVIOUS ACTION: Planning commission recommendation Feb. 3 1992 PREPARED BY: Dick Bewersdorff K REQUESTED BY: Ed Murphy - Should the City revise its temporary Aign requirements to redefine the limits on temporary signs? STAFF RECOMMENDATION It is recommended that the City Council approve the attached ordinance. INFORMATION SUMMARY The public hearing on the proposed ordinance was set over first to April 28 and then to May 26 to allow time for more input from the City Attorney regarding constitutional issues and more input from the NPO's and others. The City receives numerous complaints regarding the tendency for temporary signs to proliferate in various commercial areas of the city. The City's temporary sign regulations tend to be difficult to enforce equitably because they are poorly defined, unclear and conflicting. Uncontrolled and unenforced temporary signs create a visual blight on the community. As a result, amendments are being proposed to the temporary sign provisions of the Development Code (Ch. 18.114.100). The amendments should assist in providing equal opportunity for each business to utilize temporary signs (one business in a shopping center can effectively monopolize all of the 70 square feet now allowed), eliminate some of the clutter caused by the uncontrolled use of temporary signs, clarify the rules, eliminate administrative cost and simplify enforcement. The originally proposed changes included: limiting temporary signs to a period of 30 days (now 60 with continuous renewal) three times per calendar year; allowing one temporary sign per business rather than the four now allowed; limiting the area of temporary signs to 24 square feet (now 70 square feet for rigid signs and 30 square feet for each banner and wall sign); requiring a permit for each temporary sign to allow for better tracking and efficient enforcement instead of having the first sign permitted without a permit; eliminating the distinction of a temporary, rigid, freestanding sign by classifying all temporary signs together; eliminating the duplication of lawn signs listed twice under 18.114.060; providing for real estate signs not classified as a lawn sign; providing for an exemption for temporary real estate lawn signs from the 10 day removal period; and specifying that temporary signs be removed 10 days after the election to which they pertain. C Copies of the originally proposed changes were sent to a 'subcommittee of the Chamber of Commerce's Public Affairs Committee. The one response received was positive. NPO 1&2 offered no objection and suggested that the proposal might help clean up Tigard. The other NPO's supported the amendments subject to comments that are addressed by changes made in response to the City Attorney's comments. The NPO minutes are attached. The Planning Commission recommended the originally proposed ordinance. The only change the Commission made from the staff recommendation to them (attached) was to reduce the size of temporary signs permitted from 32 square feet to 24 square feet. Staff concurs. Based on the City Attorney's advice relative to the interpretation of the free speech provisions of the Oregon Constitution regarding signs, anything related to content must be eliminated from sign regulations. The City Attorney's comments are attached. As a result, the proposed ordinance was changed in the following manner: Section 18.114.060 C. regarding a ten day limit for exempted signs has been removed. This is to ensure real estate and political signs would not have to be removed within 10 days as is now implies by the present code. It would appear that other exempted signs listed such as directional signs, interior window signs, painted wall decorations etc. do not a removal period and, therefore, the section is not needed. Section 18.114.100 B.3. has been removed. It allowed temporary real estate signs to be limited to 32 square feet. Under the attached and revised proposal, all real estate signs would now be limited to the size and time requirements of other temporary signs. 'Section 18.114.100 C.4. has been changed to remove the word non profit from reference to special event banners. - PROPOSED ALTERNATIVES 1. Change the Development Code as summarized above. 2. Retain the Code as is and require permits for all temporary signs. 3. Changei the Code to eliminate regulation of temporary signs. 4. Change the Code to prohibit temporary signs. 5. Retain the Code as is except for limiting the square footage of temporary, rigid, freestanding signs per business rather than per premise. 6. Make other selected changes to the temporary sign requirements. FISCAL NOTES There is some potential for minor increased revenue because of the number of temporary signs without a permit. (Temporary sign fee is now $10 per sign.) cb/Temsi.Sun MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission FROM: Planning Division DATE: January 22, 1992 SUBJECT: Proposed Amendments to Development Code Pertaining to Temporary Signs OVERVIEW Summary: The City receives numerous complaints regarding the tendency for temporary signs to proliferate in various commercial areas in the city. The City's temporary sign regulations tend to be difficult to enforce equitably because they are poorly defined, unclear and conflicting. Uncontrolled and unenforced temporary signs create a visual blight on the community. As a result, amendments are being proposed to the temporary sign provisions of the Development Code (Cry. 18.114.100). The amendments will assist in providing equal opportunity for each business to utilize temporary signs, eliminate some of the clutter caused the uncontrolled use of temporary signs, eliminate competition for the 70 square feet of temporary, rigid, freestanding shopping center signage now allowed, clarify the rules, eliminate administrative cost and simplify-enforcement. Policy Implications: Should the City revise its temporary sign requirements to redefine the limits on temporary signs? Financial Impact: There is some minor potential for increased revenue because of the number of uncontrolled, temporary signs with no permit. (Temporary sign fee is now $10 per sign.) There should also be a savings due to an increase in the effectiveness of enforcement. Recommendation: It is recommended that the Development Code Chapter 18.114.100 be amended to: limit the number of temporary signs per business to one with a maximum of 32 square feet of area; require a permit for all temporary signs; limit temporary sign. permits to be issued for periods no longer than-".30 days and for a- maximum of three periods per calendar year; include all temporary. signs (banners, rigid, wall) to be within the same classification. C ANALYSIS Background The City continually * receives complaints regarding the proliferation of temporary signs as well as its attempts to equitably enforce the existing regulatiors. The code now allows four temporary signs per business, but only 70 square feet of temporary, rigid, freestanding sign space per premise (shopping centers and multiple business locations). The first of the four temporary signs is allowed without a permit. All others are required to apply for a permit. Since temporary signs can be renewed after 60 days, they become almost "permanent". In shopping centers and multiple business locations, one business can monopolize the allowed temporary, rigid, freestanding sign space (70 square feet allowed) by continually renewing an existing permit. They can effectively freeze out other businesses in the same location from having a temporary rigid sign. This has created considerable discontent among businesses in the same center when the city attempts to enforce the temporary rigid sign limitation. In sign code enforcement, where there are a number of temporary rigid signs, the City cannot determine whose sign is the first "free" temporary sign to be allowed versus those that must be removed. Enforcement requires clearly defined provisions and administrative efficiency to be effective. Summary of Proposed Changes o Limit temporary sign permits to a period of 30 days (now 60) three times per calendar year o Allow one temporary sign-per business rather than the four now allowed and the 70 square feet of rigid sign per premise o Limit the area of temporary signs to 32 square feet (one- half a standard 4x8 plywood sheet per face now 70 square feet for rigid signs and 30 square feet for each banner and wall sign) o Require a permit for each temporary sign to allow for better tracking and efficient enforcement instead of having one sign permitted without a permit o Eliminate the distinction of a temporary, rigid, freestanding sign by classifying all temporary signs together; banners continue to be included o eliminate the duplication of lawn signs listed twice under 18.114.060 (Sign Exemptions) o provide for real estate signs not classified as a lawn sign C o provide for an exemption for temporary real estate signs from the 10 day removal period lawn o specify that temporary political signs shall be removed ten days after the election to which they pertain Alternatives 1. Change the Development Code as summarized above. This will increase accountability, simplify the process, limit temporary signs, and provide an equitable opportunity for s each business to utilize temporary signs. 2. Retain the Code as is and require permits for all temporary signs. This will improve tracking but will not eradicate conflict in shopping centers and multiple business locations. a 3. Change the Code to not regulate temporary signs. This will eliminate enforcement problems but would appear to be counter to the City's efforts to improve aesthetics. 4. Change the Code to not allow temporary signs. This would be simple to enforce but may prove difficult for business. 5. Retain the Code as is except for limiting the square footage of temporary, rigid, freestanding signs per business not premises. This would add to the proliferation of temporary signs and aesthetic problems. 9 OTONNELL, RAMIS, CREW & CORRIGAN ATTORNEYS AT LAW HALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222.4402 FAX: (503) 243-2944 RECEIVED PLA%%i%G MAY 111992. DATE: May 9, 1992 TO: Dick Bewersdorff, City Planner FROM: Michael C. Robinson, City Attorney°s Office RE: Amendments to Sign Code, TDC Chapter 18.114 You have proposed several amendments to the provisions regulating temporary signs. I have reviewed these changes for conformance with the Oregon Constitution, Article I, Section 8. The Constitution prohibits the enactment of laws restricting the right to speak, write or print freely on any subject whatever. The Oregon Supreme Court has held that a sign ordinance regulating one kind of speech and not another based on the difference in content violates Article I, Section 8. Ackerly Communications v. Multnomah County, 72 Or App 617, 696 P2d 1140 (1985). Several of the proposed changes run afoul of this prohibition. Proposed Section 18.114.060.7 exempts "directional" signs from the sign permit requirements. As long as directional signs do not contain a message, you may regulate them differently from other types of signs. However, if a directional sign is content based, it may not be differentiated from other types of temporary signs. Therefore, you must allow all types of directional signs without respect to the message content. Section 18.114.060(0) provides that real estate signs do not have to be removed within ten days of their initial display. Temporary political signs are required to be removed within ten days after the election of which they pertained. Both of there regulations are unconstitutional because they are based on content of the message. Section 18.114.100.B.3 distinguishes temporary real estate signs from other types of signs. This is also unconstitutional. Finally, Section 18.114.100.C.4 authorizes "non-profit special event banners". You may authorize special event banners but they may not be authorized only for non-profit events. Ackery Communication v. the City of Salem, _ Or , P2d ( There are at least two suggestions for dealing with the above changes. First, you could ban all temporary signs if you wish. You may also allow all temporary signs below a certain size; for O'DONNELL, RAMIS, CREW b' CORRIGAN Memo re: Amendments to Sign Code May 9, 1992 Page 2 example, establish a size that is the typical size of a directional, real estate or political sign and exempt them from regulation. Thus, you are not regulating based on content but on reasonable time, place and manner restrictions which are permissible. i would be happy to review this memorandum with you. MCR/bjd Ma\rMPrd\BeweMorff met cc: Timothy v. Ramis, Esq. C_ NPO 1/2 Meeting Minutes April 8, 1992 Meeting was called to order at 7:30 p.m. Roll: Githens, Gott, Duffield, White present. (Quorum met) 1. Minutes of March 11, 1992 approved, and seconded. 2. ZOA 92-0002 Korean Baptist Church. We don't see why the amendment is necessary at this time. We thought this as too broad a zone amendment without site discussion. 3. ZOA 92-0003 Planning Department, City of Tigard. Allows and recognizes gravel areas for overflow parking, and how this goes with handicapped. parking standards. NPO has no objections. 4. Temporary Sign Requirements. ZOA 92-0001. The NPO has no objections to changing the Sign Code. The NPO feels it migNt even ti°Ip clean up the. looks of Tigard. Meeting adjourned at 8:10 p.m. Respectfully submitted, Dan Gott APR 02 '92 16:55 HOUSING IND. TEAM220-1081 -D it- b NPO #3 MINUTES April 1, 1992 1. Meeting called to order at 7:09 p.m. 2. Present: Bishop, 1='roudc, Garner, Helm, Mortensen, Porter. Absent: Hansen. 3. Minutes from March 4, 1992 were discussed and approved. 4. ZOA 924002 - Korean Baptist Church request to allow religious assembly as a condtional use in the Professional Commercial zoning districts. a. In today's code, churches are only allowed in residential zones. Lt. Al this request is granted, each conditional requested will be heard. c. MOTION - It was moved and seconded to approve the request for conditional use of Professional Commercial zoned sites for religious assembly on a case by case basis. Passed unanimously. 5. ZOA 92-Q411D3 - Planning Department, City of Tigard amendment to the Tigard Community Development Code to revise handicapped parldng standards and to allow gravel parldng areas in certain situations. a. MOTION - It was moved and seconded that NPO 3 take no position on this request, because the information presented was confusing and unclear. Only one member of the group received double sided copies of the memorandum from Jerry Offer, others were missing pages 2 & 4. Passed unanimously. C 6. Proposed Amendments to the Temporary Sign Requirements. - a. MOTION - It was moved and seconded to approve the request for changes in the commercial area, but not to approve the changes in the residential area due to confusing information and the limit of a 10 day use seems unduly restrictive. We are also unaware of problems in the residential areas. Passed unanimously. 7. Other business - a: Discussed memo from Randy Wooley regarding our request for information on the status of the Gaarde St. extension. b. Anderson property proposal and Traffic Anaylsis. 1. MOTION - It was moved and seconded that NPO 3 is opposed to increasing any residential density unless there are overriding reasons. Traffic is already congested on Bull Mtn. Rd. and Pacific Hy., so increasing the residential density will only exacerbate the problem. Passed unanimously. 8. Meeting adjourned at 9:15 p.m. Respectfully submitted, Lila Garner TO: Catherine Wheatley, City Recorder FROM: Irving L. Larson SUBJECT: MINUTES Or NPO # 4 'MEETING DATE: APRIL 8, 1992 # -x -x a~ # STARTING TIME: 7:30 1-M. PLACE: TIGARD CIVIC CENTER MEMBERS PRESENT: Carl Johnson, Chairman Irv Larson, David Peterson, Ken Rosenfeld, Alan Roth STAFF: John Acker GUEST: Jennie Larson, Mrs Alan Roth Carl Johnson called the meeting to order at 7:30 P.M. A quorum was present. Due notice of the meeting had been given. Minutes of the March 11, 1992 meeting were approved. Alan Roth moved that the NPO #4 recommend to the Tigard City Council that the current zoning of_ the Tigard Triangle not be changed "for now" to the zoning presented in TIGARD MASTER PLAN Alternative D recently prepared by The Benkendorf Associates. Irv Larson seconded the motion. Three "Yes" and two abstain.. Re: ZOA 92-0002 KOREAN FIRST BAPTIST CHURCH (City University Prop) Amend Section 18.64.040(A) of Tigard Community Dev. Code to allow religious assembly as a conditional use in PC zoning district. David Peterson moved that NPO #4 recommend the approval of the request as submitted. Carl Johnson seconded the motion. Passed unanimously. Re: ZOA 92-0003 PLANNING DEPARTMENT - CITY OF TIGARD Applicant re uests amendment to City of Tigard Conuaunity Development Code to revise q handicapped parking standards and to allow gravel parking areas in certain situations Chap. 18.22.040, 18.106. Ken Rosenfeld moved that NPO #4 approve the amendment. David Peterson seconded the motion. Passed unanimously. Re: ZOA 92-0001 PROPOSED AMENDMENTS TO TEMPQRARY SIGN REQUIREMENTS Council Agenda Item 8 March 24, 1992 Irv Larson moved that NPO #4 go along with Ed Murphy's request. Carl Johnson seconded the motion. Passed unanimously. David Peterson moved that NPO ;#4 request the City of Tigard to immediately give consideration to construction of sidewalk or a minimum of 3 foot wide blacktop path on the west side of S.W. 72nd Ave. between Highway 99tiJ and Phil Lewis School. The -notion was seconded by Alan Roth. Passed Unanimously. The idea of barricading S.W. 72nd Avenue was suggested to save lives and/or serious injuries but o '.taken at this meeting. %ction John Acker announced a joint meeting of nPO #4 and the TIGARD PLANNING Committee 5:30 P.M. Monday, April 20, 1992 TIGARD CIVIC CENTER. The next regular :meeting of the NPO #4 will be Wednesday May 13, 1992 7:30 P.M. TIGARD CIVIC CENTER. There being no further business the meeting adjourned at 10:30 1-M. C VO101 TEr,R HOURS : 20 v Irving L. -Larson, Secretary Attest; -1arl Johnson, Chairnan NEIGHBORHOOD PLANNING ORGANIZATION 05 APRIL 15, 1992 CITY HALL The meeting was called to order at 7:40 p.m, by chair Craig Hopkins. Members present were Orm Doty, Bill Hawley, Joan Pasley and Sharon-Takahashi. Bill Bieker was excused. The minutes of the March 18, 1992 meeting were approved as mailed. Agenda items: 1. ZOA 92-0002: Korean First Baptist Church (Applicant requests amendment to section 18.64.040 (A) of the City Development Code to allow religious assembly asoa conditional use in the Professional Commercial zoning district. We have no objection if this is in a commercial zone, but it is not a specific issue but a request for a zone change. We feel that this could be better treated with a request for a variance as the occasion arose. 2. ZOA .9-2-0003: Planning Department, City of Tigard (Applicant requests amendment to City of Tigard Development Code to revise handicapped parking standards and to allow gravel parking areas in certain situations. We felt this would be a positive factor in erosion control and also an environmental plus. However, we need to define the graveling process for uniformity. This should be a positive factor in standing water elimination. The only negative might be the dust factor in dry,weather. 3. Sign Requirements: The presentation of the changes were adequate. We have a few questions but feel that the city planners and its attorney can address these as the 4. SDR 92-009: Pacific Realty/MacKeAzie/Saito (A y arise. pplcant requests site development review a construe tilt-up flex space buildings of 31,872,ra22,485and8,995 square feet. No objection was noted. 5. Final decisions: a. Sign code exception hearing held on 4/13 b. SDR 92-007 approved: No answer was given on the traffic control device. C. Hall Blvd subdivision: 30' for common access for four houses approved. 45' half-street improvement understood upon further development. b. Home Occupation Permits: Steve Tom Nitsos, 8465 SW Hunziker, cabinet shop. No objection. 7. Lot line adjustment in Ashford Oaks to create sizes than originally platted. No objection. different lot 8. Mostul: Artistic Autobody (Parking adustme C building (first on right ascending tojHall)nt for Hunziker Our compliments to the engineer for presenting, all informa- tion _n well nac•r.a,~d farm. Nc. pretest noted. NPO 0-Olnt meeting with 114 wi l l -Lk - p 20th. a ace or. Monday. ?~l j ll C With no further business. we adjourned at 8:55 p.m. -Respectfully submitted. Sharon Takahashi. Secretary i. t C~ NPO #7 Meeting Minutes April 1, 1992 1. Meeting called to order: 7:05 p.m. 2. Roll Call: Present: Woolery, Blanchard, Dorsett, Howden, McGlinchy, Gross Absent: Cunningham 3. Approved Minutes of March 4, 1992. Minutes stand as read. 4. ZOA 92-0002 - Korean First Baptist. Church. Applicant requests amendment to Section 18.64.040(A) of the City of Tgard Community Development Code. Discussion. Motion by: Larry McGlinchy, to approve the request to allow amendment request made by Korean First Baptist Church to allow religious assembly as a conditional use in Professional Commercial zoning district. Seconded: Ed Howden - In favor: 6 Against: 0 5. ZOA 92-0003 - Planning Department - City of Tigard, applicant request amendment to City of Tigard Community Development Code to revise handicapped parking standards and to allow gravel parking areas in certain situations. Discussion. Motion by: Bill Gross, to approve this request to amend the Code with the conditions that staff rewrite the language with respect to gravel parking and Section 18.106.020 A.2. Seconded: Larry McGlinchy - In favor: 6 Against: 0 6. Proposed amendments to Temporary Sign Requirements. Discussion. Motion by: Bill Gross, to approve staff recommendation that the City Council approve Staffs revised ordinance, ZOA 92-0001. Seconded: Ed Howden In favor: 6 Against: 0 7. Notices of Decision received review. 8. Other business - discussion on elections. Motion by: Ed Howden, to elect officers. Seconded: Bill Gross In favor: 5 Against: 0 In. favor Against Abstain Nomination of: Ntade by: Nom, to close: Seconded: 6 o Cal Woolery for President Ed Howden Jim B. Bill G. 2 1 Larry McGlinchy for V.P. Jim Blanchard Jim Blanchard Ed Howden 3 Katy Dorsett for V.P. Bill Gross Ed Howden Larry McGlinchy Unanimous vote for Katy Dorsett 6 Bill Gross for Secreta E--u- ~ ry Ed Howden Cal W. K. Dorsett 9. Motion by: Bill Gross, to request Staff to revise NPO #7's community roster to reflect our current officers and members. Seconded: Katy Dorsett - In favor: 6 Against: 0 10. Meeting adjourned 8:45 p.m. Respecuully submitted: Katy Dorsett bgkffZV"7MkL492 C. _ forward with initiation of a street vacation. At that time, It was important to move forward on this request as quickly as possible because of timing of financing. If the vacation does not become effective before March 31, then refinancing of the project becomes necessary which would mean considerable expense to Progress Graphics. Therefore, Air. Blackmore requesting Council approval of the vacation on an emergency basis. In response to a question from Councilor Schwab, City Attorney Ramis advised that it was within Council°s authority to approve the vacation on an emergency basis. e. Public hearing was closed. f. ORDINANCE NO. 92-09 - AN ORDINANCE VACATING A PUBLIC RIGHT-OF-WAY LOCATED ON A PORTION OF SW CORAL STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, AND DECLARING AN EMERGENCY. g. Notion by Councilor Kasten, seconded by Councilor Schwab, to adopt Ordinance No. 92-09 and to declare an emergency. The motion was approved by a unanimous vote of Council present. 8. PUBLIC HEARING - ZONE ORDINANCE Al~NDMEA T - ZOA 91-0004 A proposal to consider amending the Community Development Code pertaining to Temporary Signs (Ch. 18.114.100); Balloons (Ch. 18.114.090); Sign Exemptions (Ch. 18.114.060); and Definitions (Ch. 18,114. 015). The proposal amendments will limit the number of temporary signs per business to one with a maximum of 24 square feet of area; require a permit for all temporary signs; limit temporary sigxi permits to be. issued for periods no longer than 30 days and for a maximum of three periods per calendar year and include all temporary signs (banners, rigid, wall) to be within the same classification. Provide for real estate signs not classified as a lawn sign; exempt temporary real estate signs from the 10 day removal period and specify that temporary political signs shall be removed ten days after the election to which they pertain. a. Public hearing was opened. b. There were no declarations or challenges. C CITY COUNCIL MEETING MINUTES - MARCH 24, 1992 - PAGE 4 C. Senior Planner Bewersdorff reviewed the staff report as submitted in the Council meeting packet. Enforcement of the provisions of the proposed ordinance would not require additional staff. d. Council, during discussion on this item, noted their uneasiness with the fact that there was no one from the business community present to testify on these provisions. Council consensus was to continue the hearing-to April 28, 1992 to allow additional time for interested parties to prepare testimony on this item. Council requested staff make additional efforts to get word out to the community on this issue. 9. ORDINANCE CONSIDERATION - PARKING PROHIBITION ON SW 108TH AVENUE a. City Engineer Wooley reviewed the Staff Report as submitted in the Council meeting packet. b. Council asked several questions to determine if there had been an inordinate amount of problems due to the parking in the subject area. Each Councilor present expressed reservations and concerns about setting a precedent for C establishing "No Parking" areas throughout the City. After discussion, consensus of Council present was to set this item over to April 14, 1992, in order to allow Mayor Edwards and Councilor Johnson an opportunity to comment on this issue. Council also expressed interest in receiving comment from the proponents. 10. ADJOURNMENT: 8:14 p.m. Catherine Wheatley, City Recor r Date: L1/111 1112. =0324.92 CITY COUNCIL MEETING MINUTES - MARCH 24, 1992 - PAGE 5