City Council Packet - 04/13/1993
CITY OF TIGARD
OREGON
AGENDA
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 a heard In anX
order after 7:3Qp. m•
• STUDY SESSION (6:30 PM)
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
2. PROCLAMATIONS & SPECIAL RECOGNITION
2.1 PROCLAMATION: APRIL 1993 - FAIR HOUSING MONTH
• Mayor Edwards
2.2 SPECIAL PRESENTATION - STATE CHAMPIONS - TIGARD HIGH SCHOOL TEAMS:
GIRLS' SOCCER TEAM & BOYS' BASKETBALL TEAM
• Mayor Edwards
3. VISITOR'S AGENDA (Two Minutes or Less, Please)
COUNCIL AGENDA - APRIL 13, 1993 - PAGE 1
4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one
® motion without separate discussion. Anyone may request that an item be removed by motion
for discussion and separate action. Motion to:
4.1 Approve Council Minutes: March 16 and 23, 1953
4.2 Receive and File:
a. Council Calendar
b. Solid Waste Rate Review - March 25, 1993, Memorandum from Acting Public
Works Director to City Administrator
C. Purchase Using Forfeited Assets - April 2, 1993, Memorandum from Chief of Police
to Mayor and City Council
4.3 Approve Policy Making Tape Recordings of Council Business Meetings Available in the
Tigard Public Library on a Six-Month Trial Basis
4.4 Approve Agreement Accepting U.S. Fish and Wildlife Service Grant Funds (Administered
through Metro Greenspaces Grant) and Authorizing the Mayor to Sign
4.5 Approve Resolution Recognizing Grant Revenue (Metro Greenspaces) and Increase
Appropriations to Permit Expenditure of Grant Funds - Resolution No. 93--L,4
4.6 Local Contract Review Board:
a. Bid Award - Dartmouth Street
b. Bid Award - Vehicle Purchase of Cab and Chassis to Guaranty Chevrolet and
Service Van Body to Commercial Body Builders
5. ZONING ORDINANCE AMENDMENT ZOA 93-0002 BILLBOARDS (ALL NPO'S) A proposal
to amend sections 18.114.070 and 18.114.090 of the Community Development Code to list
billboards under the category of signs prohibited (18.114.070. N) and repeal provisions allowing
® construction of billboards (18.114.090.A.1). APPLICABLE REVIEW CRITERIA: Statewide
Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.1.a, 1.1.2, 2.1.1, and 2.1.3; Community
Development Code Chapters 18.30 and 18.114.
a. Open Public Hearing
b. Declaration or Challenges
C. Staff Report
d. Public Testimony
• Proponent (Agrees with Proposal)
• Opponent (Disagrees with Proposal)
e. Council Questions/Comments
f. Staff Recommendation
g. Close Public Hearing
h. Council Consideration: Ordinance No. 93-ja
6. COUNCIL CONSIDERATION: ORDINANCE TO AMEND TIGARD MUNICIPAL CODE
10.28.020 -REGULATING PARKING OF LARGE VEHICLES - ORDINANCE NO. 93--
Police Department
7. COUNCIL CONSIDERATION: ORDINANCE TO AMEND TIGARD MUNICIPAL CODE 11.08
TO ALLOW FOR DISCONTINUANCE OF POLICE RESPONSE UPON RELATED FALSE
ALARMS - ORDINANCE NO. 93-_--Tj 1,5
• Police Department
COUNCIL AGENDA - APRIL 13, 1993 - PAGE 2
8. NON-AGENDA ITEMS
t 9. 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. ADJOURNMENT
=0413.93
COUNCIL AGENDA - APRIL 13, 1993 - PAGE 3
Council Agenda Item 31
T I G A R D C I T Y C O U N C I L
MEETING MINUTES - APRIL 13, 1993
• Meeting was called to order at 6:30 p.m. by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy
Fessler, Wendi Conover Hawley, Paul Hunt, and John Schwartz.
Staff Present: Patrick Reilly, City Administrator; Dick
Bewersdorff, Senior Planner; Ed Murphy, Community Development
Director; Liz Newton, Community Relations Coordinator; Nlch--el -
Robinson, Legal Counsel; Catherine Wheatley, City Recorder;
and Randy Wooley, City Engineer.
STUDY SESSION
- Gas leak - City Administrator reported that there was a
gas leak in the service line to City Hall last week.
A temporary repair was done; he will report to Council on
the proposed permanent solution.
- Volunteer Dinner - Reminder - Next week on Thursday,
April 22.
- Goal setting session - tentatively set for May 15.
(Note: Changed later in week to tentative date of May
22.)
- Library Board Subcommittee - City Administrator advised
the Library has a subcommittee for future strategic
planning. They said it would be useful if a Council
person would attend the subcommittee meetings (4/26 and
5/3, 8-9:30 a.m.). Mayor Edwards advised he would like
to attend, but could only go if they held the meeting in
the evening.
- Main Street - Councilor Fessler reported that no
agreement has been reached on a project for the Main
Street area for the $50,000 available. There was brief
discussion on priorities of spending dollars.
- Community Center Committee - Tentatively will be asked to
meet with City Council on 4/27 to discuss "what next" on
Community Center idea.
i CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 1
- Number of Council Meetiras Each Month: Council discussed
the possibility of reducing the number of meetings each
month. After discussion, consensus was that the number
of meetings would not be automatically reduced to two
instead of three meetings. Council agreed that City
Administrator would monitor schedule and issues to come
before Council and make the decioion on whether a third
meeting is necessary.
Citizen Involvement Teams - Councilor Hunt noted that he i
and Councilor Hawley attended meeting of NPO's 3, 7, and i
8. He sought clarification of whether it was Council's
intention to have a Council member be at each of the CIT
meetings. After discussion, Council decided that they
would not plan to attend a CIT meeting as a regular
assignment; however, if a Councilor is needed for a i
particular issue, a member would attend.
i
There was some discussion on details of CIT structure and
process. Councilor Hunt suggested a staff person be
provided for minute taking. Community Relations
Coordinator Newton will research the costs of mailing
agendas of CIT meetings on a monthly basis through a bulk
mailing or incorporating into Cityscape.
Agenda Review -
• Consent Agenda Item 4.6a. - Councilor Schwartz
questioned the merits of concrete versus asphalt
with regard to the bid award for the Dartmouth
Street paving. He advised he would request that
this item be pulled from the Consent Agenda for
separate discussion.
• The following agenda items were also identified by
Council members as items which will be asked for
clarification on by staff: Item 4.4, 4.5, and 7.
BUSINESS MEETING
2. PROCLAMATIONS & SPECIAL RECOGNITION
2.1 PROCLAMATION: APRIL 1993 - FAIR HOUSING MONTH
• Mayor Edwards
2.2 SPECIAL PRESENTATION - STATE CHAMPIONS - TIGARD HIGH
SCHOOL TEAMS: GIRLS' SOCCER TEAM & BOYS' BASKETBALL TEAM
• Mayor Edwards
CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 2
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3. VISITOR'S AGENDA
Jack Polans, 16000 S.W. Queen Victoria, King City, OR
97224 requested that Consent Agenda Items 4.2b and 4.3 be
pulled from the Consent Agenda Items to be discussed
separately.
• Mark Link, 13050 S.W. Walnut Street, Tigard, Oregon 97223
testified that he and his family were greatly impacted by
the ordinance approved by the City Council on March 23,
1993. This ordinance approved a specific plan to build
a major collector through their property at some point in
the future.
Mr. Link requested that Council consider directing staff
to begin negotiations for the purchase of his property.
Mayor advised that Council would discuss this issue later
in the meeting under "Non-Agenda."
4. CONSENT AGENDA:
Motion by Councilor Fessler, seconded by Councilor Hawley, to
remove Items 4.2 b. and 4.3 for further discussion. The
motion was approved by a unanimous vote of Council present.
Motion by Councilor Schwartz, seconded by Councilor Fessler,
to remove Item 4.6 a. for further discussion. The motion was
approved by a unanimous vote of Council present.
Discussion on Item 4.2b: City Administrator Reilly advised
that an annual review of the solid waste haulers' statements
of income and expenditures was conducted. The rate of return
experienced by each of the haulers was sufficient as specified
in their agreements with the City. No adjustment to the solid
waste rate is needed. However, if the "tip fee" charged by
Metro is raised, then the City will have to pass through the
increase at a later date.
Discussion on Item 4.3: Councilor Fessler clarified that the
policy to provide duplicate tape recordings of Council
meetings at the Library would be done on a six-month trial
basis. After brief discussion, Council consensus was to have
staff keep records of time expended to prepare tapes to
determine the cost to City.
Discussion on Item 4.6a: Councilor Schwartz asked City
Engineer questions on the merits of asphalt versus cement.
After discussion, City Engineer was asked to prepare a report
outlining fiscal impact information relating to asphalt and
cement. Also, Councilor Schwartz named several roads in other
cities which were constructed with concrete and he suggested
these cities be asked why they decided to use concrete.
CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 3
Motion by Councilor Hunt, seconded by Councilor Schwartz, to
remove Consent Agenda 4.6a. for consideration at the April 27,,
1993, Council meeting. The motion was approved by a unanimous
vote of Council present.
Motion by Councilor Fessler, seconded by Councilor Schwartz,
to approve the Consent Agenda, less Item 4.6a. The motion was
approved by a unanimous vote of Council present.
4.1 Approve Council Minutes: March 16 and 23, 1993
4.2 Receive and File:
a. Council Calendar
b. Solid Waste Rate Review - March 25, 1993,
Memorandum from Acting Public Works Director to
City Administrator
C. Purchase Using Forfeited Assets - April 2, 1993,
Memorandum from Chief of Police to Mayor and City
Council
4.3 Approve Policy Making Tape Recordings of Council Business
Meetings Available in the Tigard Public Library on a Six-
Month Trial Basis
4.4 Approve Agreement Accepting U.S. Fish and Wildlife
Service Grant Funds (Administered through Metro
Greenspaces Grant) and Authorizing the Mayor to Sign
4.5 Approve Resolution Recognizing Grant Revenue (Metro
Greenspaces) and Increase Appropriations to Permit
Expenditure of Grant Funds - Resolution No. 93- 14
4.6 Local Contract Review Board:
a. Bid Award - Dartmouth Street (Set over to 4/27/93)
b. Bid Award - Vehicle Purchase of Cab and Chassis to
Guaranty Chevrolet and Service Van Body to
Commercial Body Builders
5. ZONING ORDINANCE AMENDMENT ZOA 93-0002 BILLBOARDS (ALL
NPO'S) A proposal to amend sections 18.114.070 and 18.114.090
of the Community Development Code to list billboards under the
category of signs prohibited (18.114.070.N) and repeal
provisions allowing construction of billboards
(18.114.090.A.1). APPLICABLE REVIEW CRITERIA: Statewide
Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.1.a,
1.1.2, 2.1.1, and 2.1.3; Community Development Code Chapters
18.30 and 18.114.
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Senior Planner Bewersdorff presented the staff report.
The potential for additional billboards exists under
current Code provisions.
CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 4
r d. Public testimony:
• D.K. Paul advised he represented the Colony Creek
Neighborhood Association. He testified against the
use of billboards noting objections to smearing the
landscape with billboards and advised they were
harmful to the aesthetics and attractiveness of the
City. Additionally, he commented that billboards
do not increase business but that, in fact, prices
are raised because of their use. The free speech
argument used to continue to utilize billboards was
argued by Mr. Paul to be "legalism" and "legal
jargon." He advised that billboards were a
"blight" and existing signs should be torn down.
• William Denecke, resident of Lake Oswego and
business owner at Highway 217 and Scholls advised
he agreed with Mr. Paul. He advised of his
surprise that the Tigard Code allowed billboards.
He said that Tigard had an image problem to
overcome and that billboards were one more
detraction. Mr. Denecke compared the 217 area in
Tigard unfavorably to the Kruse Way area in Lake
Oswego.
• Chris Hartman of Ackerly Signs suggested that the
Tigard Code be changed to "cap and replace"
language. This would mean that the existing number
` of signs would be allowed to remain; however, the
signs could be moved to another Tigard location or
altered.
• Brian Obie of Obie Signs noted his family business
had existed for many years. He advised he has
worked with the City when objections were raised on
the orientation of one of his signs. Mr. Obie said
he was trying to build credibility as being
cooperative with Tigard. He referred to the
Federal government beautification act and advised
that billboards signs are allowed in certain zones.
In response to the staff report, he said he did not
see the potential for 26 additional signs in
Tigard.
Mr. Obie said that there is a large investment,
hundreds of thousands of dollars, in the five signs
he has. He said this represents significant income
to the City as assessed on the property tax rolls.
Mr. Obie reported that 90 percent of the businesses
which use his billboards have Tigard addresses.
CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 5
He advised that he supports the "cap and replace"
proposal suggested from the Ackerly Sign
representative.
With regard to the community objection to
billboards signs, Mr. Obie said there were only two
people present to testify at the Planning
commission meeting, There has been no great
community response of concern.
Mr. Obie said he was willing to cooperate with the
city.
e. Council comments:
- Councilor Fessler asked for clarification on
the placement (how oriented) and number of
signs present in the City of Tigard.
- Mayor Edwards objected to the comparison of
Kruse Way and 217 in Tigard advising this was
like comparing "apples and oranges. The Mayor
cited Tigard's economic vitality in reference
to the comment during testimony about the
"image problem." He also advised that he had
received two telephone calls concerning the
billboard issue; these callers did not object }
to billboards. The Mayor questioned whether
the majority of residents had any problems or
strong opinions with regard to billboards.
- Councilor Fessler received clarification from
Legal Counsel Robinson on the distinction
between billboards and freeway oriented signs.
- Councilor Schwartz received confirmation from
Senior Planner Bewersdorff that about 18-20
billboard permits have been issued. Two
billboards are currently under construction.
Approval of the proposed ordinance would
prohibit any additional signs.
- There was discussion on the "cap and replace"
proposal presented by the sign company owners.
Senior Planner Bewersdorff advised this option
was not covered under the proposed ordinance.
This option, advised Legal Counsel Robinson,
would need more study should the Council
decide to pursue.
CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 6
r
f. Staff recommended the Development Code be amended
( to repeal the provision in Chapter 18.114.070 A.1-4
that allows billboards and to list billboards under
Chapter 18.114.070 N. as a sign prohibited.
g. Public hearing was closed.
h. Council consideration:
• Councilor Hunt advised he would support the
proposed ordinance amendment. He said he
would be willing to explore the "cap and
replace" proposal at a later date.
• Councilor Fessler said she also supported the
proposed ordinance amendment. She advised she
has heard from a number of citizens who
objected to billboards. Councilor Fessler
said she would be willing to investigate the
"cap and replace" proposal as well.
• Councilor Hawley advised that she would
support the proposed ordinance amendment. She
commented that it was not necessary to receive
testimony from a great number of people with
regard to the representative testimony given
by Mr. Paul. Councilor Hawley said changes in
addressing planning issues were being made and
would be noticed over time. She referred to
planning efforts in the Tigard Triangle area
with regard to design standards.
• Mayor Edwards advised he had no problems with
the existing ordinance. He noted concerns
with spending too much time accommodating and
addressing concerns and comments received from
a minority viewpoint in the community.
i. ORDINANCE NO. 93-12 - AN ORDINANCE TO AMEND
PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE
SECTION 18.114.070 TO ADD SUBSECTION N. TO PROHIBIT
BILLBOARDS AND TO REPEAL SECTION 18.114.090 A.
SUBSECTIONS 1-4 WHICH PROVIDES FOR BILLBOARDS.
j. Motion by Councilor Schwartz, seconded by Councilor
Hunt, to approve Ordinance No. 93-12.
The motion was approved by a majority (4-1) vote of
Council present. (Councilors Fessler, Hawley,
Hunt, and Schwartz voted "aye"; Mayor Edwards voted
"No.")
CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 7
Council meeting recessed: 9:06 p.m.
Council meeting reconvened: 9:17 p.m.
6. COUNCIL CONSIDERATION: ORDINANCE TO AMEND TIGARD MUNICIPAL
CODE 10.28.020 -REGULATING PARKING OF LARGE VEHICLES
Chief of Police Goodpaster reviewed the proposed ordinance.
If approved, this language would allow the Police Department
to resolve complaints of large vehicles parked on the street
(i.e., motor homes, boats, trailers, etc.). i
After discussion, Council consensus was for approval of
Sections 1-3 with modification to the wording so that
individuals could have "For Sale" signs on their own vehicles
parked on the street. Council, however, was concerned about
Section 4 prohibiting overnight parking of a vehicle. This
appeared to be too restrictive when considering that out-of-
town guests travelling in a motor home would not be able to
park in front of a home they were visiting.
Chief Goodpaster advised he would redraft language to address
the Council's concerns and resubmit the ordinance at a later
date.
7. COUNCIL CONSIDERATION: ORDINANCE TO AMEND TIGARD MUNICIPAL
CODE 11.08 TO ALLOW FOR DISCONTINUANCE OF POLICE RESPONSE UPON
RELATED FALSE ALARMS - ORDINANCE NO. 93-13
Council adopted this ordinance which would allow for
discontinuance of police response after the fourth false alarm
in a permit year. It also requires fines to be paid and
reasonable efforts to correct the problem before
reinstatement.
a. Chief Goodpaster reviewed the staff report and discussed
the ramifications and intent of the proposed amendment.
b. ORDINANCE NO. 93-13 - AN ORDINANCE AMENDING TIGARD
MUNICIPAL CODE CHAPTER 11. 08. BURGLARY AND ALARM SYSTEMS,
TO ALLOW FOR DISCONTINUANCE OF POLICE RESPONSE UPON
RELATED FALSE ALARMS.
C. Motion by Councilor Fessler, seconded by Councilor Hunt,
to adopt Ordinance No. 93-13.
The motion was approved by a unanimous vote of Council
present. (Mayor Edwards and Councilors Fessler, Hunt,
Hawley and Schwartz voted "Aye.")
CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 8
8. NON-AGENDA ITEMS
8.1 Anti-gang grant: Chief Goodpaster updated. Key dates
coming up
4/19 "At-Risk" kids will be visiting Portland, talking
to ex-gang members to view the affects of gangs on
individuals' lives.
4/28 Parent leader group meeting at Twality to discuss
risk factors.
5/19 District-wide (plus Sherwood Schools) Gang
Awareness Training.
6/3 Grant culmination meeting evaluate this year;
plan for next year.
8.2 Request from Mr. Link (see Visitor's Agenda). Mayor
noted that Mr. Link left the meeting. Council discussed
Mr. Link's request in the context of overall impact to
the Capital Improvement budget. Council will meet at a
future date to discuss policy in this and similar
instances. Mayor asked that Mr. Link be contacted by
staff about the policy discussion to be held by Council.
9. EXECUTIVE SESSION: Cancelled.
10. ADJOURNMENT: 10:06 p.m.
At es Catherine Wheatley, City Rec der
ayor, City of Tigard
Date: _~5/1/ /
c=0413.93
1
CITY COUNCIL MEETING MINUTES - APRIL 13, 1993 - PAGE 9
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Legal Notice Advertising e following meeting highlights are published for your icformntion. Full
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• ❑ Tearsheet Notice Boulevard, Tigard, Oregon 97223, or by calling 6394171.
• City of Tigard . CITY COUNCIL BUSINESS MEETING
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• Study Meeting (Town Hall Conference Room) (6:30 pm.)
Busir= Meeting (Town Hall) (7:30 p.m.) .
Proclamation: April as Fair Housing Month
AFFIDAVIT OF PUBLICATION Special Presentation: State Champions - Tigard High School
STATE OF OREGON, ss Girls' Soccer Team and Boys' Basketball Team
COUNTY OF WASHINGTON, Public Hearing:
I, Judith Koehler • Billboards (ZOA 93-0002) - To prohibit and repeal provisions
being first duly sworn, depose say and he thatarT rimes Advertising Council Co Consideration:
Director, or his principal clerk, of t- o Ordinance proposed to allow for discontinuance of police
a newspaper of genera[ circulation as defined in ORS 19 nOthe response upon related false alarms.
and 193.020; published a m • Ordinance proposed for regulating parking of large vehicles.
aforesaid county and state; that the ,
Local Contract Review Board Meeting
a printed copy of which is hereto annexed, was published in the
One successive and Executive Session: The Tigard City Council may go into Executive Ses-
entire issue of said newspaper for----- sion under the provisions of ORS 192.660 (1) (d), (e), 8t (h) to discuss
consecutive in the following issues: tabor relations, real property transactions, current and pending litigation
issues.
April 8, 1993
M5 10 -Publish April 8, 1993
Subscribed and sworn o before me this 8 h da of Aril 1993.
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My Commission Expires: W _
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STATE OF OREGON, ) Hall.
COUNTY OF WASHINGTON, )as' '
,,Judith Koehler ZONING ORDINANCE AMENDMENT ZOA 93-0002 BILLBOARDS
being first duly sworn, depose and say that 1 am the Advertising (ALL NPO'S) A proposal to amend sections 18.114.070 and 18.114.090 of
Director, or his principal clerk, of the T; gard Ti mec the Community Development Code to list billboards under the category of
a newspaper of general circulation as defined in ORS 193.010 signs prohibited (18.114.070.N) and repeal provisions allowing construction'
and 193.020; published at -12r- in the of billboards (18.114.090.A.1). APPLICABLE REVIEW CRITERIA:
:%%y)d cgunty.and s Statewide Planning Goals 1 and 2; Comprehensive Plan Policies I.l.l.a,
is Hearin, • W y~M2 Billboard 1.1.2, 2.1.1, and 2.1.3; Community Development Code Chapters 18.30 and
a printed copy of which is hereto annexed, was published in the 18.114.
entire issue of said newspaper for One successive and TT77500 - Publish April 1. 1993.
consecutive in the following issues:
April 1, 1993
Subscribed and sworn before me this I gt elqu n_Apr_, 1993.
Notary Public for Oregon
My Commission Expires:
AFFIDAVIT
FRAM
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
i P begin first duly swom, on oath,
depose a, say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s)
which were adopted at the Council Meeting dated
copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof,
on the 14 day of . 19~
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. West One 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. 931 and SW Durham
Road, Tigard, Oregon
tf- ry 2
Subscribed and sworn to before me this 0t day of 19 r J
OFFICIAL SEAL
CONNIE MARTIN Notary Public for Oregon
NOTARY PUBLIC • OREGON
COMMISSION No. 015677
/ MY COMMISSION EXPIRES JUNE 4, 1996 My Commission Expires:
I
Iogin\Jo\affpost
CITY OF TIGARD, OREGON
ORDINANCE NO. 93--I_
AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE
SECTION 18.114.070 TO ADD SUBSECTION N. TO PROHIBIT BILLBOARDS AND TO
REPEAL SECTION 18.114.090 A. SUBSECTIONS 1-4 WHICH PROVIDES FOR
BILLBOARDS.
WHEREAS, The City of Tigard finds it necessary to revise the Community
Development Code periodically to improve the operation and
implementation of the Code; and
WHEREAS, The City of Tigard Planning Commission reviewed the staff
recommendation at a public hearing on March 8, 1993 and voted to
recommend approval of the amendment to the city council; and
WHEREAS, The City of Tigard finds that the amendment does not affect
City Comprehensive Plan Goals or State Planning Goals; and
WHEREAS, The City of Tigard finds that there has been a public outcry
concerning the proliferation, number, spacing and aesthetics of
billboards; and
WHEREAS, The City Council held a public hearing on April 13, 1993 tc
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 a; or-1 vote of all Council members
present after bei-fi read by number and title only, this
day of 1993.
Ca erine Wheatley, City corder
APPROVED: This /-3Lh day o , 199 .
e d dwa s, Mayor
Approved as to form:
City Attorney
T5
Date
ORDINANCE No. 93-
Page 1
7
EXHIBIT "A"
18.114.070 Certain Signs Prohibited
N. Billboards
Billboards are prohibited.
18.114.090 Special Condition Signs
' A. Special condition signs shall have special or unique
dimensional, locational, illumination, maximum number or
other requirements imposed upon them in addition to the
regulations contained in this chapter.
,[1. Billboard:
a. Billboard sign regulations shall be as
follows:
(i) Zones Permitted:
(1) Billboard signs shall be permitted
only in a C-G commercial zone or I-
P, I-L and I-H industrial zones and
then only within 660 feet of Oregon
State Expressway No. 217 and/or
Interstate Freeway No. 5 right-of-
ways;
2. All new proposed billboard sign(s) within 660 feet -
of the public right-of-way of a state highway must
obtain the necessary permit(s) from the State
Highway Division and all billboard sign(s) must be
maintained to conform with applicable state
requirements pertaining to billboards;
3. All signs, together with all of their supports,
braces, guys, and anchors shall be kept in good
repair and shall be maintained in a safe condition:
a. All signs and the site upon which they are
located shall be maintained in a neat, clean,
and attractive condition;
b. Signs shall be kept free from excessive rust,
corrosion, peeling paint, or other surface
deterioration; and
c. The display surfaces of all signs shall be
kept neatly painted or posted;
4. Except as otherwise provided in this subsection,
existing billboards which do not conform to the
provisions of this title shall be regarded as
nonconforming signs and shall be subject to the
provisions of subsection 18,114,110.]
18.114.130 Zoning District Regulations
C. Commericial Zones:
1. [f. Billboard Signs in the C-G zone only in
accordance with Section 18.114.090.A;]
E. Industrial Zones:
1. [e. Billboard Signs in accordance with section
18.114.090.A;]
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CITY OF TIGARD
ORDINANCE NO. C73-13
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 11. 08, BURGLARY
AND ALARM SYSTEMS, TO ALLOW FOR DISCONTINUANCE OF POLICE RESPONSE
UPON REPEATED FALSE ALARMS.
WHEREAS, police emergency response to repeated false alarms
endangers the emergency response capability of the City; and
WHEREAS, the City Council wishes to encourage alarm users to
assume increased responsibility for maintaining the mechanical
reliability and proper use of alarm systems; now, therefore
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 11.08 of the Tigard Municipal Code is
amended by adding Section 11.08.124 as follows:
Section 11.08.1.24 No Response to Excessive Alarms.
(a) After the second false alarm the Coordinator
shall send a notification to the alarm user by
regular mail which will contain the following
information:
(1) That the second false alarm has occurred;
{ (2) That if two more false alarms occur within the
permit year police officers will not respond to any
subsequent alarms without the reinstatement of the
alarm user by the Chief of Police;
(3) That the reinstatement of the alarm user can
only be obtained by the alarm user furnishing
written proof of efforts taken to correct the false
alarms, a finding by the Chief that a reasonable
effort has been made to correct the false alarms,
and payment of all fines assessed by the (City) for
false alarms.
(4) That the alarm user may appeal the validity of
a false alarm determination to the Chief of Police
by giving written notice and posting a bond equal
to the amount of the fee, if applicable, within ten
(10) days, according to Section 11.08.125.
(b) After the fourth false alarm within the permit
year there will be no police response to subsequent
alarms without reinstatement approval of the alarm
user by the Chief. The Coordinator shall send a
Notice of Suspension of Police Response to:
(1) The Dispatch Center;
(2) The Chief of Police;
(3) The alarm user by certified mail; and
(4) The persons listed on the alarm user's permit
who are to be contacted in case of emergency, by
certified mail.
Nam
(c) The suspension of police response to an alarm
shall begin ten (10) days after the date of delivery
of the Notice of Suspension of Police Response to
the alarm user unless a written request for bearing
has been made as required in Section 11.08.125.
PASSED: By U n Lt 61 r,vu.s vote of all Council
members present after being read by number and title
only, this day of 1992.
t'herine Wheatley. City Rhe-corder
APPROVED: This 1-3 day of , 1993.
Ger . Edwards, Mayor
Approved as to form:
City Attorney
o i d
AGENDA ITEM NO. 3 VISITOR'S'AGENDA DATE: April 13,1693
(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
4 B ~(Gosos~qu~er{vm'-Yf'~,k.Gb)d- -3
1/N r-- l30So Sw w4c.n, , ill 14IKICAY (3Lv e eX T
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PROCLAMATION
FAIR HOUSING MONTH
WHEREAS, housing discrimination occurs when one Is prevented from living In a
house or apartment of his/her choice due to race, color, religion, national origin,
sex, familial status, marital status, or physical or mental handicap; and
WHEREAS, under either federal fair housing laws or Oregon civil rights statutes
these forms of discrimination are illegal; and
WHEREAS, the month of April marks the 25th anniversary of Title VIII of the
j Federal Civil Rights Act.
j NOW THEREFORE BE IT RESOLVED THAT I, Mayor Gerald R. Edwards, of l
City of Tigard, hereby proclaim April 1993 as
i
FAIR HOUSING MONTH
~ " - In City of Tigard, Washington County, Oregon, and encourage all citizens to join
in this observance and further urge that they take increased notice of the housing
conditions in their communities and join in this effort to promote fair housing for ail. j
I
Dated this day of .1993.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the City of Tigard to be affixed.
I
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Gerald R. Edwards, Mayor
City of Tigard
Attest:
City Recorder
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t I,
tt•~~'%y;~_~pt~M
RE.SOL`Z ION ORE E TOGARD
EGON
7 WHEREAS, the Tigard High School Girls' Soccer Team won the State Championship with a win over Sunset High
on November 21, 1992; and
_ WHEREAS, the Tigard High School Boys' Basketball Team won the State Championship with a win over Hillsboro
on March 13,1993; and
WHEREAS, the City of Tigard Is proud of Its affiliation and working relationship with the schools in the Tigard-
Tualatin School District; and
WHEREAS, the City of Tigard calls attention to these two teams representing Tigard High School and embodying
the winning spirit and positive outlook typical of the young people in our community today; and
WHEREAS, the City of Tigard acknowledges the commitment of the team members, coaches, teachers, volunteers,
school supporters and all those who worked behind the scenes to make attainment of this goal possible.
NOW, THEREFORE, I, Gerald R. Edwards, Mayor of the City of Tigard, recognize these two fine teams and applaud
their dedication and great success.
Mwjor - City of ?yard
Attest.
City *,wrdcr - City of 2"leard
MEN
Presentation to Girls' Soccer Team and Boys' Basketball Team
State Champions....
1. COMMENTS BY MAYOR EDWARDS
Robert Ludwig - Athletic Director Tigard High School
Acknowledgement of Coaches:
Girls Soccer Team - Kit Pierce, Head Coach
Theo Moler, Varsity Assistant
Brian Rose, J.G. Coach
Boys Basketball Team - Dan Barendse, Head Coach
John Moore, Varsity Coach
Brad Crosby, J.V. Coach
(helped greatly
with tournament) Walt Lawson, Sophomore Coach
Stace Shillito, Freshman Coach
Comments from Athletic Director Ludwig:
Noted a lot of time put in by the kids and coaches and said it
was nice to be recognized...
Noted a tremendous amount of behind the scenes efforts:
practices, coaches meetings...
Both State Championships represented TOTAL TEAM EFFORTS all
were contributors. Team players on the sidelines were
invaluable with any successful team effort, you must have
stronger reserves to serve as back-up and to push the starters
to their maximum performance during practices.
[Head coaches may want to say a fei words....]
2. RESOLUTION - (MAYOR EDWARDS) - PRESENTATION TO ATHLETIC
DIRECTOR. ROBERT LUDWIG
3. PRESENTATION TO GIRLS' SOCCER TEAM. THEN BOYS' BASKETBALL TEAM
OF MEMENTO FROM THE CITY OF TIGARD (MAYOR EDWARDS)
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Council Agenda Item
MEMORANDUM
CITY OF TIGARD, OREGON
i
TO: Honorable Mayor and City Council
FROM: Patrick J. Reilly, City Administrator ~,yr
r
DATE: April 2, 1993
i
SUBJECT: COUNCIL CALENDAR, May - June 193
3
Official Council meetings are marked with an asterisk If generally
OK, we can proceed and make specific adjustments in the Monthly Council
Calendars.
April '93
* 13 Tue Council Meeting
Study Session (6:30)
Business Meeting (7:30)
20 Tue Council Study Meeting (6:30)
l
* 27 Tue Council Meeting
Study Session (6:30)
Business meeting (7:30)
May '93
* 11 Tue Council Meeting
Study Session (5:30)
Business Meeting (7:30)
* 25 Tue Council Meeting
Study Session (5:30)
Business meeting (7:30)
31 Tue Memorial Day Holiday (City Offices Closed)
June '93
* 8 Tue Council Meeting
Study Session (5:30)
Business Meeting (7:30)
* 22 Tue Council Meeting
Study Session (5:30)
Business Meeting (7:33)
` h:\login\cathy\cccal
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COUNCIL AGENDA ITEM
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1
MEMORANDUM i
CITY OF TIGARD, OREGON
t
TO: Pat Reilly, City Administrator
FROM: Loreen Edin, Acting P.W. Director
DATE: March 25, 1993
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SUBJECT: Solid Waste Rate Review
i
RECOMMENDATION
No rate adjustment is necessary based on the review of the 1992
annual reports submitted by the franchised solid waste haulers.
Also, there is no Metro tip fee pass through anticipated for this
year, however, final confirmation of that will be received from
Metro by 5/15/93.
BACKGROUND
The Solid Waste Franchise ordinance requires haulers to submit an
annual financial report by March 1st each year. The City
Administrator must report to Council by April 1st on the franchisee
reports and propose rate adjustments if any are needed.
The City Council policy has been set which requires a rate
adjustment if the annual reports, in aggregate, show less than 8%
or more than 12% rate of return on the gross revenues. The 1992
aggregate report showed an 11.65% rate of return on the gross
revenues for all three haulers. As a result, no adjustment to the
solid waste rates is necessary.
SWAC reviewed the reports and is in agreement with the
recommendation. SWAC did recommend that council consider placing
the entire Metro pass through onto the residential customer rather
than spreading the increase throughout the rate schedule if there
is a pass through levied this year. SWAC believes this would begin
to decrease the amount of commercial subsidy in the rate structure
in anticipation of a weight-based rating system being in place in
the next three years.
If you have any questions, please feel free to contact me.
c: Wayne Lowry
SWAC
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COUNCIL AGENDA ITEM C,
M E M O R A N D U M
TIGARD POLICE DEPARTMENT
TO: Mayor and City Council
FROM: Ronald D. Goodpaster
Chief of Police
DATE: April 2, 1993
SUBJECT: Purchase Using Forfeited Assets
The ordinance established regarding the use of forfeited assets
requires that I apprise the Council whenever the funds are
expended. We are using forfeited funds to replace our narcotic
investigator's vehicle.
In 1991 the Police Department seized, in relation to a narcotics
case, a 1984 Pontiac Trans An which has been used by our narcotics
officer as his primary means of transportation since June, 1991.
The vehicle now needs to be replaced because of extremely high
vehicle operation costs and unreliability. We currently have
{ $12,600 available in forfeiture funds in the 1992-93 budget.
We will be using up to $9,000 of those funds in addition to the
trade-in value of the vehicle to replace it for an appropriate
vehicle for the narcotics investigator to use.
If you have any questions regarding this information, please feel
free to contact me at your convenience.
of/rdg04O2.m
COUNCIL AGENDA ITEM
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: _April 13. 1993 DATE SUBMITTED: April 1 1993
ISSUE/AGENDA TITLE: Council Policy PREVIOUS ACTION: Request.by
on Providi-ng Coping of Audio Tape Council on 2/23/93 for Staff Report
Recordings of Co cil Meetings PREPARED BY: Patrick J. Reilly
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: City Council
ISSUE BE THE COUNCIL
Should the Council reconsider the City policy of charging $7 per audio tape
for copies of said tapes.
STAFF RECOMMENDATION
Staff recommends a six-month trial period during which copies of Council
meeting audio tapes will be made available for check-out at the Library.
Tuesday Council meetings will be available Friday morning on the Library
shelves.
After six months, staff will review and report to council the circulation
numbers for the tapes to determine if Council desires to have this service
continued.
INFORMATION SUMMARY
Tigard currently charges $7 per copy of each audio tape. The Cities of Lake
Oswego and Beaverton were contacted. Lake Oswego charges $18 for the first
t tape and $15 for each additional tape. Beaverton does not have a set policy
and has charged an hourly rate based on the wages of the person copying the
tape, with the cost running about $8-10 per meeting.
Individuals may schedule time with the City Recorder to listen to the tapes
at no charge. When a request is made to do this, the Town Hall Conference
Room is reserved with staff nearby in case the person has questions or needs
assistance. We can "write protect" the tapes to avoid accidental erasure.
During the February 23, 1993 meeting, Council received a request from
Mr. Jack Polans to review the costs for tape copies. Mr. Polans advised that
he considered the charge for tapes to be excessive. Council requested that
he submit a proposal to the City Administrator with his suggestions on this
issue. Attached is a February 24, 1993 letter from Mr. Polans outlining his
proposals.
PROPOSED ALTERNATIVES
1. Approve the six-month trial period as outlined above.
2. Continue current practice of charging $7 for each tape.
FISCAL NOTES
Costs will include the cost of the audio tapes plus staff time for recording
and preparing the cassettes for check-out.
h: vog in\cathy\tapes. 1
t~ MAR 01 1993
February 24, 1993 F h3.
.---`~M--------+---.-. Jack Polans
16000 SW Queen Victoria P1.
King City, Oregon 97224
JERRY EDWARDS, Mayor
And
Council Members
City of Tigard
13125 S.W. Hall Blvd
Tigard, Oregon 97223
Re: Proposal: Copying City Tapes.
Counclor Chairman:
1. As requested by you at The Tigard City Council meeting dated
February 23, 1993, I am submitting, in writing, my proposal
as presented on said date orally as follows: Concerning copy-
ing Tigard Business Meeting Agenda cassettee tapes ...its cost
& policy. In my opinion,-five ($5.00) dollars per cost of one
tape plus additional tapes is far too costly since the Citv •,j
pays approxiately seventy-fine (7W cents per tape, and said
tape is used many times over.
2. T.berefore. in order to save costs to citizens as well as City's
time-frame to tape tapes... would it be more approporiate for
the citizens themselves to copy City Agenda cassette tape at
one o the many City's private meeting rooms - example used at
times by NPO's, etc ?
3. Further: In California, to encourage continuous Public Input
by "citizen participants" two tables were supplied by the City
Council (as always for reporters) and another added for the
"citizen participants." Equipment was installed to permit pro-
ceedings to be heard by earphones and coping onto cassette-
tapes ---at no charge.
4. Further: Public Input on City of Tigard Agenda Meetings by a
Tigard resident or by a neighboring King City resident is the
the growing present need & /or future wishes of Oregon Govern-
ment Agencies... of which I have been a "particapate" for the
last two (2) years.
5. I trust my letter has given you adequate information to receive
a faverable reply from the Council Members. Thank you.
riter Jack Polans, Public Interest
copies:
` COUNCIL AGENDA ITEM y,y
CITY OF TIGARD, OREGON
Resubmit: 4/13/93 COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March- -i'"-3--1-9}3- DATE SUBMITTED: 2/18/93
ISSUE/AGENDA TITLE: PREVIOUS ACTION: Postpongd by C!oLncil
Greens aces Grant A reement on 3123/93 to reword Agreement
/1-L /-I 17A 1 PREPARED BY: Duane Roberts
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy. CD Dir.
ISSUE BEFORE THE COUNCIL
To enter into an agreement accepting US Fish and Wildlife service grant
funds.
- - -
STAFF RECOMMENDATION
Authorize the mayor to sign the agreement.
INFORMATION SUMMARY
The City has been awarded $23,000 by the US Fish and Wildlife Department for
various improvements to the city-owned portion of Fanno Creek Park. The
improvements include the planting of native trees and shrubs and connecting
the two ponds adjacent to City Hall to Fanno Creek through a series of in-
and outflow channels and pipes. The plantings will improve the natural
character of the park and its ability to support the areas's wildlife
inhabitants. The system of channels and pipes will help improve water
quality in the ponds. The project is consistent with the master plan for the
park. The grant application and full intergovernmental agreement are
available at the City Recorder's office for Council members or the public to
review. Note: Since first submitted to Council on 3/23, Michael Robinson
of the City Attorney's office reviewed and approved changes to Agreement.
PROPOSED ALTERNATIVES
1.) Authorize the mayor to sign the agreement
2.) Do not authorize the mayor to sign the agreement
FISCAL NOTES
A 50 per cent local match is required. The City's match in entirely in-kind
and will include staff time to be allocated to the project and local
volunteer hours. No local cash is required.
t, DR/Fanno
1
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COUNCIL AGENDA ITEM ~4 5 `
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
Resubmit: 4/13/93
~51'1725~- DATE SUBMITTED: z cS S
AGENDA OF: -6
ISSUE/AGENDA TITLE: Metro Greenspaces PREVIOUS ACTION: Postponed by Council
Grant Appropriation on 3/23/93 to reword Agreement
PREPARED BY: Wayne Lowry
DEPT HEAD OKLty CITY ADMIN OIC REQUESTED BY:
I
ISSUE BEFORE THE COUNCIL
i
Shall the City Council recognize grant revenue and increase appropriations to permit expenditure of
grant funds?
STAFF RECOMMENDATION
Staff recommends approval of resolution to appropriate grant funds.
============================INFORMATION SUMMARY
The City of Tigard has been awarded $23,138 for restoration improvements to Fanno Creek Park from
the Metropolitan Service District.
The grant funds are to be used to plant native vegetation and to improve the wetlands areas of the
Park.
The entire project is estimated at $51,308 with the entire City match coming from volunteer labor and
Parks Division staff time.
PROPOSED ALTERNATIVES
1. Appropriate funds - move ahead with project.
2. Do nothing.
FISCAL NOTES
General Fund estimated revenues will increase by $23,138 with an offsetting increase in appropriations
for capital projects.
COUNCIL AGENDA ITEM (D 0...
\ CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
LOCAL CONTRACT REVIEW BOARD
REM
AGENDA OF: April 13, 1993 DATE SUBMITTED: April 2, 1993
ISSUE/AGENDA TITLE: Award bid for PREVIOUS ACTION:
construction of the Dartmouth Str
LID and CIP h se II PREPARED BY: Gar Alfson
DEPT HEAD OK CITY ADMIN O REQUESTED BY:
ISSU BEFORE THE COUNCIL
Award bid for construction of the Dar outh Street improvements to the low bidder.
STAFF RECOMMENDATION
Approve the award, authorizing the City Administrator to sign the contract with Emery & Sons
Const. for the asphaltic concrete.street alternative when all the rights of entry have been
obtained.
INFORMATION SUMMARY
On March 30th, 1993, eleven bids were submitted for the construction of phase II of the
Dartmouth Street Local Improvement District (LID) and Capitol Improvement Program (CIP).
Phase I was completed in 1991 and involved construction of the signal at 99W and
approximately 200' of Dartmouth Street. Phase II involves the construction of the remainder
of the project. The right of entry has not been obtained for one property which we are
currently pursuing. We expect resolution of the matter in the courts in 4 to 6 weeks.
Each contractor submitted a bid for asphaltic concrete (AC) and portland cement concrete
(PCC) pavement to determine the least expensive alternative. Both alternatives are
equivalent in pavement structural section. The LID requires us to select the lowest cost
option which is the AC pavement. The increased cost to construct PCC pavement vs. the AC
pavement is equivalent to an additional 2" AC overlay. The City has the option of selecting
the PCC option and paying the difference but this is not recommended. The eleven bids are
as follows:
AC PCC
Emery & Sons Const, Stayton $ 996,268.60 $1,063,838.60
Ken Leahy Const., Cornelius $1,012,360.98 $1,071,819.48
Morse Bros., Sherwood $1,035,080.00 $1,131,170.00
NW Earthmovers, Tualatin $1,038,618.34 $1,094,354.14
Clearwater Const., Tigard $1,109,189.00 $1,174,754.00
W. Jeskey Const., Clackamas $1,100,081.60 $1,168,436.60
Bones Const., Lake Oswego $1,132,535.00 $1,197,735.00
Eagle-Elsner, Tigard $1,191,696.00 $1,302,541.00
Dirt & Aggregate, Troutdale $1,216,083.00 $1,269,703.00
Benge Const., Lake Oswego $1,243,699.50 $1,295,634.50
C & M Const., Sherwood $1,253,790.00 $1,314,195.00
The Engineer's estimate was; AC $1,337,410 and PCC $1,410,260.
PROPOSED ALTERNATIVES
Award bid to the low bidder, authorizing City Administrator to sign when the right of entry
has been obtained.
Defer award until right of entry has been obtained.
FISCAL NOTES
The funds for this project will be obtained from the LID formed by Ordinance No. 88-08 for
construction within the LID boundary. Improvements outside the LID are funded from the CIP
budget. Phase I construction costs were approximately; LID $63,000, CIP $161,000. Phase II
construction costs are approximately; LID $934,900, CIP $61,400.
qa/Cart-ph2.32
( COUNCIL AGENDA ITEM `41 40
V .
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 13, 1993 DATE SUBMITTED: April 1. 1993
ISSUE/AGENDA TITLE: Public Works PREVIOUS ACTION:
Vehicle Purchase - Building MaintenAical
PREPARED BY: Floyd PeoRles-~9-3'y
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Floyd Peo les
ISSUE BEFOR THE COUNCIL
The issue before Council is the approval of bid awards for vehicle purchase.
STAFF RECOMMENDATION
1. Motion to award bid for cab and chassis to the lowest qualified bidder
(Guaranty Chevrolet, $12,628.59) and award the service van body to the
lowest qualified bidder (Commercial Body Builders, $7,855.00).
INFORMATION SUMMARY
Separate bids were received on 3-24-93 for the purchase of one service van
body and for one regular duty one ton cab and chassis. The vendor awarded
the service van body will mount the service van body on the cab and chassis.
The van is to be used by the Building Maintenance Division in carrying out
its maintenance programs and will replace a 1973 service van.
See attached addendum for specific bidders' and bid amounts.
PROPOSED ALTERNATIVES
1. Award bids per staff recommendation.
2. Give further direction to staff.
FISCAL NOTES
1. Total bid award of $20,483.59 is $1,483.59 over the budgeted dollar
amount of $19,000.00.
2. Unknown.
( kathy\councvan.fp
ADDENDUM FOR COUNCIL AGENDA SUMMARY
PUBLIC WORKS VEHICLE PURCHASE
April 13, 1993
REGULAR DUTY, ONE TON CAB AND CHASSIS BIDS:
Three bids were received as follows:
1. Pacific Utility, Tigard, Oregon NO BID
2. Guaranty Chevrolet, Junction City, Oregon $ 12,628.59
3. Cascade Chevrolet 13,042.36
SERVICE VAN BODY:
Two bids were received as follows:
1. Pacific Utility $ 9,567.00
2. Commercial Body Builders 7,855.00
l
kathy\councvan.fp
COUNCIL AGENDA ITEM 5
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 13. 1993 DATE SUBMITTED: March 31, 1993
ISSUE/AGENDA TITLE: Code Amendment to PREVIOUS ACTION: Planning Com.
Prohibit Fur r Billboard Construction Recommendation March S. 1993
PREPARED BY: Dick Bewersdorff
-..r7 a4j DEPT HEAD OK CITY ADMIN OK /jWM REQUESTED BY: Ed Murphy
ISSUE B THE COUNCIL
Should the City revise the Developm t Code to prohibit further billboard
construction?
STAFF RECOMMENDATION
It is recommended that the Development Code be amended to repeal the
provision in Chapter 18.114.070. A. 1-4. that allows billboards and to a list
billboards under Chapter 18.114.070. N. as a sign prohibited.
INFORMATION SUMMARY
Due to the number of inquiries relative to recent billboard construction
along Highways 217 and I-5, the Planning Commission was asked to review the
matter. At a work session on February 8, 1993, the Commission voted to
initiate a code amendment to prohibit billboards. The Commission held a
public hearing on March 8, 1993 and voted unanimously to recommend to the
City Council that billboards be prohibited. Since September, 1991 the City
has granted 18 permits for billboards. Based on state spacing regulations
approximately 14 more billboards could be constructed in Tigard. The
attached ordinance and Exhibit "A", if adopted, would prohibit further
billboard construction. A brief staff report and the Planning commission
minutes are also attached.
PROPOSED ALTERNATIVES
1. Approve the amendment as recommended by the Planning Commission by
adopting the attached ordinance.
2. Deny the amendment as retain the existing code provisions.
3. Revise the code to establish more limited spacing and location
requirements.
FISCAL NOTES
None applicable
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AGENDA ITEM 5.1
MEMORANDUM
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CITY OF TIGARD, OREGON
TO: Planning Commission
FROM: Dick Bewersdorff
DATE: February 11, 1993
SUBJECT: Amendment to Development Code - Billboards
At its February 8, 1993 meeting, the Planning commission voted to
initiate a Development Code amendment to prohibit billboards.
Billboards are permitted in the City of Tigard only in the C-G
commercial zone and the I-P, I-L and I-H industrial zones. They
must also be located within 660 feet of the Oregon Expressway No.
217 and Interstate Freeway No. 5 right-of-ways. The applicable
code section (18.114.090 A.1.-4.) is attached.
The attached ordinance and Exhibit "A" is the staff's
recommendation to prohibit billboards. This includes repealing
Section A.1 through A.4 entirely and adding billboards (N.) to code
section 18.114.070 Certain Signs Prohibited. Adoption by the City
would prohibit further billboard construction in the City while
leaving in place those billboards already constructed.
The process of amending the Development Code is a legislative
matter requiring public hearings by both the Planning Commission
and City Council. The Planning Commission makes a recommendation
to the City Council. The proposed changes do not affect Statewide
Planning Goals other than allowing for adequate opportunity for
participation in the land use process. This is done through
existing code procedures for notice and hearings. No City
Comprehensive Plan goals are affected other than following
procedural requirements for hearings and notice.
Billboards construction has increased recently due, largely, to the
fact that they are permitted along Highways 217 and I-5. The City
has granted 18 permits for billboards since September, 1991.
The total number of billboards statewide is limited. Advertising
companies have been relocating billboard permits from other areas
to Tigard to take advantage of the advertising potential of the
urban area. Based on state spacing regulations, approximately 14
more billboards could be constructed in Tigard.
This report does not attempt to deal with amortization of
billboards now constructed. Amortization is a very complex
financial and legal issue relative to billboards and would need
significant study prior to consideration.
MOWN
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Alternative actions the Commission and Council could consider
include: (1) leaving the code as is; or (2) revising the code to
establish more limited spacing and location requirements.
Other communities prohibit billboards. It is an issue of local
choice whether or not billboards are desirable or necessary. Staff
recommends prohibiting further billboard construction.
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TIGARD PLANNING COMMISSION
REGULAR MEETING - March S, 1993
1. CALL TO.ORDER: President Fyre Called the meeting to order at
7:30 PM.. The meeting was held in the Tigard Civic Center -
TOWN HALL - 13125 SW Hall Boulevard.
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2. ROLL CALL: PRESENT: President Fyre; Commissioners Boone,
Castile, Holland, Moore, and
Schweitz.
ABSENT: Commissioners Saporta, Saxton, and
Schwab.
STAFF: Senior Planner Dick Bewersdorff,
Senior Planner Carol. Landsman,
Assistant Planner Jerry Offer, and
Acting Planning Commission Secretary
Diane Jelderks.
3. APPROVE MINUTES
Commissioner Castile moved and Commissioner Boone seconded to
approve the minutes for February 22nd meeting as written.
Motion passed by majority vote of Commissioners present.
Commissioner Schweitz abstained.
4. PLANNING COMMISSION COMMUNICATIONS
There were no.communications received for this meeting.
5. PUBLIC HEARING
5.1 ZONING ORDINANCE AMENDMENT ZOA 93=0002 BILLBOARDS (ALL
NPO'S) A proposal to amend sections 18.114.070 and 18.114.090
of the Community Development Code to list billboards under the
category of signs prohibited (18.114.070.N) and repeal
provisions allowing construction of billboards
(18.114.090.A.1). APPLICABLE REVIEW CRITERIA: Statewide
Planning Goals 1 and 2; Comprehensive Plan Policies l.l.l.a,
1.1.2, 2.1.1, and 2.1.3; Community Development Code Chapters
18.30 and 18.114.
• Senior Planner Dick Bewersdorff reviewed staff's proposed
amendment to the Development Code which would prohibit further
billboard construction in the City while leaving in place
those billboards already constructed.
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PLANNING COMMISSION MINUTES - March 8, 1993 Page 1
1 PUBLIC TESTIMONY
• Brian Obie, 2081 Musket, Eugene, OR 97401, explained that his
company constructed six billboard signs along Highway 217. He
felt the signs were of value to the community. He stated that
this proposal is a result of an article in the Tigard Times
and not necessarily a concern of the business community and
citizens. He supported regulating billboard signs but not
prohibiting them. He favored a moratorium on construction
until regulation for spacing, size, and location could be
proposed.
• Will Denecke, 2'665 SW Glen Eagles Rd., Lake Oswego, OR 97034,
works in the Trammel Crow office off Highway 217 and travels
Highway 217 regularly. He strongly supported staff's
recommendation to prohibit any more billboard signs. He felt
they were a horrendous sight. He stated that other
jurisdictions such as Lake Oswego and Wilsonville prohibit
billboard signs. He felt billboard sign detract from the
image of Tigard. He supported taking action to have existing
billboard signs removed.
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PUBLIC HEARING CLOSED
• Commissioner Moore stated that he has been approached by
numerous individuals about the ugly billboard signs going up
along Highway 217. If he would have known they were permitted
by Code he would have done something sooner to prohibit them.
W Commissioner Castile agreed. He felt that once the billboard
companies found out billboard signs could go in, they decided
to stick it to Tigard. Now we need to stop construction then
deal with the ones that have been constructed.
• Commissioner Fyre, Holland, Boone, and Schweitz all. supported
staff's recommendation.
* Commissioner Holland moved and Commissioner Boone seconded to
forward Zone Ordinance Amendment ZOA 93-0092 to City Council
supporting staff's recommendation.
• Further discussion followed regarding removal of existing
billboard signs.
5.2 COMPREHENSIVE PLAN AMENDMENT CPA 93-0004/ZONING ORDINANCE
AMENDMENT ZOA 93-0003 - TRANSPORTATION PLANNING RULE AMENDMENT
A staff initiated amendment package intended to address State
of Oregon mandates related to development standards related to
transportation facilities. Proposed amendments are numerous
and therefore will not be listed in detail. Comprehensive
Plan Volume I (Transportation Inventory Report) is proposed to
PLANNING COMMISSION MINUTES - March 8, 1993 Page 2
( be amended to allow a greater variety of improvement standards
for. local streets. Amendments are also proposed. to the
following Community Development Code Chapters: Chapter 18.98
(Building Height Limitations: Exceptions); Chapter 18.106
(Off-street Parking and Loading Requirements); Chapter 18.108
(Access; Egress, and Circulation); Chapter 18.120 (Site
Development Review); and Chapter 18.164 (Street and Utility
Improvement Standards).
In addition, the Planning Division staff has proposed several
other amendments within these affected Comprehensive Plan and
Community Development Code chapters. These other amendments
relate to minimum parking space requirements for various land
uses, parking space dimensional standards, drive-up service
s window stacking- requirements, local street improvement
standards, and housekeeping amendments.
The March 8, 1993, Planning Commission hearing is intended as
the initial Planning Commission hearing on the proposed
amendments. At least one additional Planning Commission
hearing will be held prior to the Commission forwarding a
recommended package of proposed amendments to the City Council.
for a hearing on adoption of the amendments. These additional
hearings are not yet scheduled.
APPLICABLE REVIEW STANDARDS: Statewide Planning Goals 1, 2,
and. 12; Oregon Administrative Rules OAR 660-12
(Transportation Planning Rule); Comprehensive Plan Policies
8.1.1, 8.1.3, 8.2.1, 8.2.2, 8.3.1, 8.4.1, 9.1.1, 9.1.2, and
9.1.3
• Senior Planner Dick Bewersdorff, reviewed portions of the Code
that staff is recommending to amend.
Assistant Planner Jerry Offer, explained that there is a
second hearing scheduled for April 5th and this is more of a
work-study session with public testimony.
PUBLIC TESTIMONY
• Anthony Bonforte, 14675 SW Osprey # 413, Beaverton, OR 97007,
explained that he is currently proposing a subdivision that
has approximately four acres of wetlands an approximately five
acres would be dedicated as open space. He favored the new
street design standards. They are flexible and would be
helpful in designing subdivisions without compromising the
quality of the subdivision. In addition they would decrease
surface run-off (impervious surface).
• David Bantz, OTAK, 17355 Boones Ferry Road, Lake Oswego, OR
97035, asked for staff's clarification on different sections
PLANNING COMMISSION MINUTES - March 8, 1993 Page 3
of Chapter 18.164. He suggested that 18.164.060 C be removed,
Commissioners agreed.
• Discussion followed regarding different street widths,
residential streets, sidewalks, planter strips, parking along
the street, and criteria for variances.
• Assistant Planner Jerry Offer explained how a design standard
manual would work in conjunction with the Code. Discussion
regarding processing the design standard manual along with
Code revision and the difficulties involved in doing that.
• Discussion on how to handle. Consensus of the Commission was
that there needs to be flexibility in the Code. Further
discussion on street widths, how they work in conjunction with
parking, and the width of travel lanes. Discussion on width
of parking spaces and layout of the spaces.
• Further discussion on how to handle. Senior Planner Carol
Landsman explained that the Comprehensive Plan Amendment is
scheduled to be heard before City Council on May 3rd.
Consensus of the Commission is that they need more time to
review. Commissioners are to review the proposed changes and
return their marked up copies to Senior Planner Carol Landsman
as soon as possible.
• Further discussion regarding standard design manual,
variances, parking spaces changes proposed for specific uses,
and ADA requirements.
* Meeting continued to April 5th.
6. OTHER BUSINESS
• Planning Commission requested staff investigate what could be
done about getting existing billboard removed.
• Discussion on RV parking article in the Tigard Times.
• Discussion regarding upcoming annexation.
7. ADJOURNMENT 9:06 P.M.
Diane M. Jel a 'ks
Acting Commi ion Secretary
ATTES
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PLANNING COMMISSION MINUTES - March 8, 1993 Page 4
W-H W1 -a P 11
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUWdARY
Resubmit: 4/13/93
AGENDA OF: Now - *992 DATE SUBMITTED: October 27. 1992
ISSUE/AGENDA TITLE: Amendment to TMC PREVIOUS ACTION: Postponed b Council
10.28.020 (Regulating-parkin of 1 on 11/10/92 until decision mace on RV,s
vehicles)- PREPARED BY: Ron Goodpaster
DEPT HEAD OR CITY ADMIN OR REQUESTED BY: Ron Goodpaster
ISSUE BEFOR THE COUNCIL
Approve attached amendment to existing Tigard Municipal Code 10.28.020,
specifying prohibited parking and regulating the parking of large vehicles on
public streets.
STAFF RECOMMENDATION
*Staff recommends approval.
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INFORMATION SUMMARY
We currently do not have existing language that allows us to resolve
:omplaints of large vehicles (motor homes, boats, trailers, etc.) parked on
the street. These types of vehicles cause visibility and traffic flow
hazards. The amendments also give us the ability to deal with complaints we
receive regarding vehicles for sale on public streets and brings -our
definitions in line with current state law.
This amendment will also eliminate several paragraphs in the ordinance
dealing with motor bus layovers that no longer apply because of the new
transit.mall.
We will issue warnings and try to get as much publicity as we can regarding
this ordinance during the 30-day waiting period' before it becomes effective
if passed by the Council.
PROPOSED ALTERNATIVES N
1. Do not accept amendment
2. Approve amendment
FISCAL NOTES
These changes will save us considerable time. Officers will be able to
resolve these problems on initial response without call backs. Dollar amount
:ard to identify.
*See last-page - Council action on 11/10/92 for this item. _
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CITY OF TIGARD, OREGON
Ct ORDINANCE NO. 92-
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE BY UPDATING DEFINITIONS;
REPEALING SECTION 10.28.020; SPECIFYING PROHIBITED PARKING; AND
REGULATING THE PARKING OF LARGE VEHICLES ON PUBLIC STREETS
WHEREAS, the Oregon Vehicle Code has been renumbered, and certain terms
re-defined; and
WHEREAS, the City Council finds offensive 'advertising or sales of
merchandise from vehicles parked on public streets; and
WHEREAS, the City Council finds that maintenance or storage of vehicles
on public streets is offensive and can create a traffic hazard; and
WHEREAS, the City Council finds that the parking of trailers, campers,
motor homes and other similar vehicles on public streets or public
property can create a traffic hazard and obstruction; and
WHEREAS, the Tigard Municipal Code must reflect all of the above
changes; now, therefore,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 10.28.010 of the Tigard Municipal Code is amended
to read as follows:
10.28.010 Definitions.
(a) "Parking" or "parked" for purposes of the city motor
vehicle code, means the stopping or standing of any
vehicle upon any street or highway within the city,
except for the purpose of and while actually engaged in
loading or unloading passengers or freight, or in
obedience to traffic regulations or traffic signs or
signals.
(b) It is unlawful for any person to park or stop any
vehicle for a longer period of time than that designated
by official signs, parking meters, or other markings
placed by or under authority of the city. "Parking time
limit" includes the aggregate of time of all stopping or
standing of the same vehicle on the same side of the
street within a space of three hundred lineal feet
measured along the curb-line and between intersections;
and the parking, standing or stopping of any vehicle
within such expanse shall not exceed the designated time
limit during any three-hour period.
(c) For purposes of this chapter, the definitions of the
following terms as used herein shall conform to the
following ORS sections which by reference herein are made
a part of this chapter:
ORDINANCE No. 92-
Page 1
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(1) "Camper" is defined as set forth in ORS Section
801.180.
(2) "Highway" or "street" is defined as set forth in ORS
t Section 801.305.
(3) "Mobile home" is - defined as set forth in ORS
801.340.
(4) "Motor bus" is defined as a Commercial Bus as set
forth in ORS 801.200.
(5) "Motor home" is defined as set forth in ORS Section
801.350.
(6) "Motor truck" is defined as set forth in ORS Section
801.355.
(7) "Recreational Vehicle" is defined as set forth in
ORS 446.003.
(8) "Trailer" is defined as set forth in ORS Section
801.560.
(9) "Travel Trailer" is defined as set forth in ORS
801.565.
(10) "Truck Tractor" is defined as set forth in ORS
Section 801.575.
SECTION 2: Section 10.28.020 of the Tigard Municipal Code,
specifying purposes for which parking is prohibited, is
hereby repealed.
SECTION 3: Chapter 10.28 is amended by adding Section 10.28.22 to
read as follows:
"Section 10.28.022 Purposes for which parking is
prohibited.
C~ No person shall park a vehicle on the right-of-way of any
highway, or upon any public street or public way within
the city limits for any of the following purposes:
(1) Advert+sl-ng, selling or offering merchandise for
sale;
(2) Washing, greasing or repairing such vehicle except
as may be necessitated by emergency;
(3) Storage, for any period of more than twenty-four
hours, except that this subsection shall be subject to
the limits elsewhere prescribed in the city motor vehicle
code or as may be prescribed by the.Oregon State Motor
Vehicle Code. It shall constitute prima facie evidence
of storage of a vehicle if the same is not moved for a
period of twenty-four (24) hours. The continuity of the
time shall not be deemed broken by movement of the
vehicle elsewhere on the block unless the movement
removes the vehicle from the block where it was located
before it is returned. Any vehicle mentioned in this
subsection parked on the right-of-way of any highway, or
upon any public street or public way within the city in
violation of this subsection may be treated as an
abandoned vehicle and the provisions of Chapter 7.60
shall apply."
ORDINANCE No. 92-
Page 2
SECTION 4: Section 10.28.030 is amended to read as follows:
Section 10.28.030 Track, trailer. bus, camwer. motor
dome, recreational vehicle and boat re:str;ct+ons
No person shall at any time park or leave standing a
- house trailer, motor bus, motor truck, tractor trailer,
truck tractor, motor ho*_.ae, boat, vehicle with camper,
recreational vehicle, or trailer, as defined in section
10.28.010 (c), whether attended or unattended, on any
improved public highway, public street or other public
way within the city limits, for a period greater than
thirty (30) minutes, between the hours of one minute past
twelve a.m. and six a.m.
Tractor Trailer, Truck Trailer. No person shall at
any time park a tractor trailer or truck trailer as
described in Section 10.28.010(c) unattended on any
improved public highway, public street or other
public way within the city limits.
SECTION 5: This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayor, and posted
by the City Recorder.
PASSED: By vote of all Council members
present after being read by number and title only, this
day of , 1992.
C~ Catherine Wheatley, City Recorder
APPROVED: This day of , 1992.
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 92-
Page 3
Excerpt from 11/10/92 Council Minutes:
7. POLICE-RELATED ORDINANCES FOR COUNCIL CONSIDERATION (Police
Chief Ron Goodpaster):
7.1 Ordinance Regulating Parking of Large Vehicles (TMC
10.28.020)
a. Council consensus was to set this item aside until
after their review of the recreational vehicle (RV)
front yard storage (setback requirements) issue.
The RV ordinance will be discussed again during a
Council workshop scheduled for November 17, 1992.
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 13, 1993 DATE SUBMITTED: March 26, 1993
ISSUE/AGENDA TITLE: Amendment to TMC PREVIOUS ACTION:
11.08 (to allow for discontinuance of
police response u Pon related false PREPARED BY: Ron Goodpaster
alarms
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ron Goodpaster
ISSUE BEFORE/THE COUNCIL
Approve attached amendment to existing TMC 11.08, which would allow for
discontinuance of police response after the fourth false alarm in a permit
year. It also requires fines to be paid and reasonable efforts to correct
the problem before reinstatement.
STAFF RECOMMENDATION
Staff recommends approval.
INFORMATION SUMMARY
The TPD responds to about 1,200 alarms per year and about 98 percent are
false. Our current ordinance is very cumbersome in dealing with multiple
false alarms at the same location and has no provision for discontinuance of
service until the system is checked and repaired. A false alarm can tie-up
2 to 3 or more officers for 10 to 20 minutes or longer, a substantial
commitment. This amendment will allow us to discontinue service of multiple
offenders until steps have been taken to correct the problem and the fines
have been paid.
PROPOSED ALTERNATIVES
1. Status Quo
2. Approve amendment
FISCAL NOTES
This will reduce false alarms which will result in additional capacity for
officers and will generate $1,000 to $2,000 additional false alarm fees.
ke/FALSE.SUM
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