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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 arm RPM" 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 COMMUNITY NEWSPAPERS, INC' Legsl Tr 7510 PHONE (503) 664.0360 Notice P.O. BOX 370 BEAVERTON, OREGON 97075 Legal Notice Advertising e following meeting highlights are published for your icformntion. Full agenThdas may be obtained from the City Recorder,.13125 S.W. Hall • ❑ Tearsheet Notice Boulevard, Tigard, Oregon 97223, or by calling 6394171. • City of Tigard . CITY COUNCIL BUSINESS MEETING Accounts Payable--Terry • ❑ Duplicate Atfidavi APRIL 13,1993 • 13125 sW Hall Blvd. TIGARDCITY HALL -TOWN HALL Tigard, OR 97223-8199 • 13125 SW HALL BOULEVARD, TIGARD, OREGON • 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. i Notaryy Public for Oregon My Commission Expires: W _ AFFIDAVIT COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 664.03:.0 Notice Tr 7500 BEAVERTON. OREGON 97075 Legal Notice Advertising e City of Tigard ° ❑ Tearsheet No, PUBLIC HEARING Accotmts Payable: Terry The following will be considered by the Tigard City Council on Apr. 13, 0 13125 SW Hall Blvd. ° ❑ Duplicate Affi 1993, at 7:30 P.M. at Tigard Civic Center, Town Hall Room, 13125 SW Tigard, OR 97223-8199 Hall Boulevard, Tigard, Oregon. Further information may be obtained from ° ° the Community Development Director or City Recorder at the same location or by calling 639- 4171. You are invited to submit written testimony in advance of the public hearing; written and oral testimony will be considered at the, hearing. The public hearing'will be conducted in accordance with the applicable Chapter 18.32 of the Tigard Municipal code AFFIDAVIT OF PUBLICATION and any rules of procedure adopted by the Council and available at City 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;] i l I ~J i 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 e i ogin o visitors.s iI 4 .'p~~~ ? UyY r COUNCIL AGENDA ITEM 2.1 oNLY, ~ 5 c-' , i ~ i 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 i, Gerald R. Edwards, Mayor City of Tigard Attest: City Recorder i ~ I 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) 1 I i 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 t COUNCIL AGENDA ITEM i 1 MEMORANDUM i CITY OF TIGARD, OREGON t TO: Pat Reilly, City Administrator FROM: Loreen Edin, Acting P.W. Director DATE: March 25, 1993 i 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 LM 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 l 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 1 1 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 l AGENDA ITEM 5.1 MEMORANDUM l 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 i ' i i a 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. I f r z t t z 1 i 1 7 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. i 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. i 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. i 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 i on , esident 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. - 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. _ - S 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 i (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. i 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 login\00859