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City Council Packet - 01/27/2004 6rly h a-L CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING January 27, 2004 COUNCIL MEETING WILL RE TELEVISED 1:%Oto\DorwWs%Ccpkt9 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. 3, _ Meeting of -3. c f, (-,:I COUNCIL MINUTES TIGARD CITY COUNCIL MEETING January 27, 2004 Mayor Dirksen called the meeting to order at 6:30 p.m. Council Present: Mayor Dirksen; Councilors Sherwood and Wilson. • STUDY SESSION > DISCUSSION REGARDING HEARINGS OFFICER RATE INCREASE REQUEST Council reviewed this agenda item with staff. Council agreed to the request from Hearings Officer Larry Epstein for an hourly rate of $140. Staff will contact Mr. Epstein to request that future rate increases be based on the Consumer Price Index to avoid lagging so far behind market. A proposed contract for the Hearings Officer will be submitted in the near future to the Council for consideration on a Consent Agenda. (Skate Park Task Force Update Agenda Item was set over to 2/10/04) > EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:33 p.m. to discuss labor negotiations under ORS 192.660(1 d). Study Session reconvened at 6:59 p.m. The following Administrative Items were reviewed: a. Bull Mountain Annexation - White Papers (Memo from Jim Hendryx - distributed to Council) b. MITCH school - request to be scheduled on Council Agenda - Council consensus was to suggest information be shared with Council during a Visitor's Agenda. c. Revised Agenda - Items 4 & 5 combined to one item. d. Item 8 - "A-frame signs" public hearing - testimony from Bill Gross distributed to Council. e. Tour of new library site, March 13, 9 a.m. - (Memo from Margaret Barnes - distributed to Council) f. Items 8 & 9 - Revised Ordinances (Memo from Cathy Wheatley distributed to Council) Tigard City Council Meeting Minutes - January 27, 2004 Page 1 g. Item II - Staff report and proposed resolution. (Distributed to Council for the Planned Development Code Review Committee) h. NLC Conference - April - Family and Youth Services (Email from Mayor Dirksen distributed to Council.) i. Council goal-setting minutes 8L final goal list (Distributed to Council) j. Regional Partners - Press Event on Februaryl0 (Memo from Jim Hendryx distributed to Council) k. Request to schedule: Council consensus was to agree to schedule a joint Meeting with the Tigard-Tualatin School District Board and the Tualatin City Council on Monday, April S. 1. Calendar Review • January 29 - Affordable Housing Symposium • February 10 - Council Business Meeting • February 12 - Special Meeting - Council Candidate Interviews • February 17 - Council Workshop Meeting • February 24 - Council Business Meeting • February 26 - Coffee Talk (Memo distributed to Council) 1. BUSINESS MEETING 1.1 Mayor Dirksen called the business meeting to order at 7:34 p.m. 1.2 Roll Call: Mayor Dirksen, Councilors Sherwood and Wilson 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Report: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA • Gretchen Buehner distributed maps to the Council showing properties that she said should be considered for annexation at the same time the "Gooley" annexation occurs. • Alice Ellis Gaut urged Council to seek citizen participation/input in the Comprehensive Plan Review process at the very beginning. • John Frewing noted concerns about a remark made by a Tigard Planning Commissioner that survey questions about the Comprehensive Plan review be structured so the "right" answers were given. Mr. Frewing commented that the City plans to conduct a survey for the Tigard Beyond Tomorrow visioning effort and he suggested the survey for the Comprehensive Plan be conducted at the same time. • Mark Padgett referred to Mr. Frewing's comment regarding a Commissioner asking that survey questions be structured so the "right" answers are given. Mr. Padgett clarified the Commissioner wanted questions to be structured so that respondents were encouraged to respond to issues pertinent to the Comprehensive Plan. Tigard City Council Meeting Minutes - January 27, 2004 Page 2 3. CONSENT AGENDA: Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt the Consent Agenda as follows: 3.1 Local Contract Review Board: a. Award Contract for the Construction of an Aquifer Storage and Recovery Production Well and Test Well to Geo-Tech Explorations, Inc. The motion was approved by a unanimous vote of Council members present: Mayor Dirksen - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 4. COUNCIL GOAL UPDATE/CONSIDER APPROVING FINAL COUNCIL GOALS FOR 2004 Mayor Dirksen reviewed 2003 goal achievement and announced the proposed 2004 goals. Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt the 2004 Council goals as presented. The motion was approved by a unanimous vote of Council members present: Mayor Dirksen - Yes Councilor Sherwood - Yes Councilor Wilson - Yes S. UPDATE ON THE NEW TIGARD LIBRARY Library Director Barnes reviewed the progress on the new library construction. Current information can be found on the City's website as well as in the upcoming February edition of the Cityscape (Hard Hat Report.) i 6. ANNUAL REVIEW OF THE COMMUNITY ASSESSMENT PROGRAM i Assistant to the City Manager presented the review of the Community Assessment Program. Highlights of her talk are included in a PowerPoint presentation, which is on file with the City Recorder. In addition, this presentation will be posted to the City's website. Tigard City Council Meeting Minutes - January 27, 2004 Page 3 7. PUBLIC HEARING (QUASI-]UDICIAL) - ANNEXATION OF THE CLEAN WATER SERVICES AND CITY OF TIGARD PARCELS (ZCA 2003-00007) REQUEST: The applicants are requesting to annex four (4) parcels of land containing 47 acres near Cook Park into the City of Tigard. LOCATION: Washington County Tax Assessor's Map Numbers 2S1 14AD, Tax Lots 100 and 200; and 2S 1 14DA, Tax Lots 100 and 300. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. a. City Attorney Ramis reviewed the hearing process. b. No conflicts of interest were reported by Council members. No ex parte contacts were reported by Council members. There were no challenges from the audience pertaining to the Council's jurisdiction to hear this matter nor was there a challenge on the participation of any member of the Council. C. Mayor Dirksen opened the public hearing. d. Associate Planner Scheidegger presented the staff report. He noted the services available for this site if annexed, including storm drainage, sanitary sewer, and water. A memorandum dated January 26, 2004, to the City Council, was distributed and referred to by Mr. Scheidegger, which presented a finding regarding services and facilities available to the area (Tigard Development Code Section 18.320.020.B.1). A copy of this memorandum is on file with the City Recorder. e. Public Testimony Mayor Dirksen read the following: For all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria described by staff or other criteria in the plan or land use regulation which you believe apply to the decision. Tigard City Council Meeting Minutes - January 27, 2004 Page 4 M • John Frewing 7100 SW Lola Lane, Tigard, OR referred to an e-mail communication he forwarded to Associate Planner Scheidegger. Mr. Frewing stated that the staff report does not address the decision criteria of Development Code 18.320.020 (B) about availability of public facilities and whether the applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. Mr. Frewing did not have an opportunity to review staff's January 26, 2004, memo addressing the finding for the above-referenced Code section. Meeting recessed at 8:54 p.m. to retrieve a copy of Mr. Frewing's e-mail as noted above. Meeting reconvened at 9:04 p.m. Council discussed the issues brought up by Mr. Frewing and memo to provide the finding on services and facilities issued by Mr. Scheidegger. City Attorney Ramis commented that the Council should consider whether there is capacity to serve the area being annexed and would it be feasible to extend services to the site. Mayor Dirksen commented he was satisfied that the issues raised by Mr. Frewing had been addressed. f. Mayor Dirksen closed the public hearing. g. Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Ordinance No. 04-01. ORDINANCE NO. 04-01 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA)2003- 00007 (CLEAN WATER SERVICES ANNEXATION) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, ? AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT, AND TRANSFERRING SANITARY SEWER SERVICE FROM CLEAN WATER SERVICES. i The motion was approved by a unanimous vote of Council members present: i Mayor Dirksen - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - January 27, 2004 Page 5 8. PUBLIC HEARING (LEGISLATIVE) - CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL ZONES, SUBJECT TO LIMITATIONS, AND TO MODIFY THE AMOUNT OF TEMPORARY SIGNAGE (ZOA 2003-00002) REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow temporary A-frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. a. Mayor Dirksen opened the Public Hearing. b. Associate Planner Tracy presented the staff report, which is on file with the City Recorder. Also on file with the City Recorder is a copy of Mr. Tracy's notes on his presentation to the City Council. Mr. Tracy noted staff recommended changes to address an issue regarding definitions which would have prohibited A-frame signs in commercial and industrial zones. In addition, staff recommended that language be struck from the proposed amendment pertaining to limitations on the size of temporary lawn signs, apart from the four square-foot per face size limitation on A-frames. To address an issue brought forward by Mr. Bill Gross (Ballot Measure 56 notification), staff is recommending the amendment to the sign code be restricted to limit size of A-frame signs only. C. Public Testimony • Mark Padgett, 12974 SW Princeton Lane, Tigard OR advised he is the Chair of the Planning Commission. Mr. Padgett explained the concerns on the part of the Planning Commission that more signs in the right-of-way would be likely if A-frame signs were allowed in residential zones and the Planning Commission felt strongly that a corresponding increase in the fee for violations be considered. • Gretchen Buehner, 13249 SW 136`' Place, Tigard, OR advised she is a member of the Planning Commission. She advised of her personal experience where directional signs are placed on her property frequently without her permission. She noted her agreement that fines should be increased for sign code violations. Tigard City Council Meeting Minutes - January 27, 2004 Page 6 Councilor Wilson acknowledged Ms. Buehner's objections to signs being placed on her property without her permission; although, the issues before the Council do not appear to address these types of situations. Associate Planner Morgan affirmed that A-frame signs should not be placed on the sidewalk (public rights of way). • Martha Brooks, Vice President of Governmental Affairs for the Metro Association of Realtors, 5331 SW Macadam, Portland, OR 97239, (Ms. Brooks was accompanied by lane Leo, Legal Counsel representing the Metro Association of Realtors), testified that A-frame signs were standard tools for the real estate community. She referred to the Planning Commission recommendation and requested that the sign area be increased to six square feet per side. • Heather Adams, 12655 SW North Dakota Street, Tigard, OR, testified as the applicant for the sign code amendment. Ms. Adams testified on the sign-size restrictions noting objections to the Planning Commission recommendation that signs be limited to four square feet per face. She asked the Council to approve use of A-frame signs on residential property, allow signs in all residential areas up to 24 square feet. She noted signs would only be allowed on private property. d. Mayor Dirksen closed the public hearing. e. Council discussion followed regarding the size of the signs. Consensus of the Council was to allow A-frames up to six square feet per side, as this appears to be consistent with neighboring jurisdictions. Changes agreed to by Council included the following (incorporated into Ordinance No. 04-02) as amended: 18.780.015 - Definitions C C. Lawn Sign - temporary signs placed on private property supported by ? one stick, post, rod, or A-frame In or on the ground. A lawn rndln.g sign in residential zones which is exempt from sign i i permit requirements provided the size requirements in Subsection 18.780.060 f92.4 can be met. A lawn sign In commercial or Industrial zones Is subject to temporary permit requirements as provided for In Subsection 15.780.100. Tigard City Council Meeting Minutes - January 27, 2004 Page 7 18.780.060 - Permit Exceptions 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of --1 24 square feet in the [R- 1, R-2,- R-3.5; R- and - R-731 residential zones. b. EA total-of-24 square feed in-the-R--2, R-2 and R-40 ~ A- frame signs shall be no greater than 6 square feet per face In any residential zone. Lawn signs shall not exceed 12 square feet per face In the R-1, R-2, R-3:5, R-4.5, and R-7 zones. Lawn signs shall be placed on private property and not within the public right of way no shall such signs obstruct the clear vision area described in Chapter 18.795. A-frame signs are permitted only between the hours of 8 AM and 6 PM. City Manager drew Council's attention to the fact that approval of the ordinance would mean a 3x4' sign would be allowed on all properties. He said that this would exceed the limits now in place by neighboring jurisdictions. Councilor Wilson advised he would prefer to deal with this concern if it becomes a problem. f. Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Ordinance No. 04-02, as amended. ORDINANCE NO. 04-02 - AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL ZONES, SUBJECT TO SIZE AND PLACEMENT LIMITATIONS, AND TO MODIFY THE AMOUNT OF TEMPORARY SIGNAGE THAT IS ALLOWED. The motion was approved by a unanimous vote of Council members present: Mayor Dirksen - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - January 27, 2004 Page 8 9. PUBLIC HEARING (LEGISLATIVE) - CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT AND CHAPTER 18.780 TO CLARIFY LANGUAGE PROHIBITING "BILLBOARDS" (ZOA 2003-00003) REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. a. Mayor Dirksen opened the public hearing. b. Associate Planner Kilby presented the staff report regarding the proposed amendment to Tigard Development Code Chapter 18.230. A copy of the staff report is on file with the City Recorder. In response to a question from Councilor Wilson, Associate Planner Kilby commented on the process for citing violators. A citation is issued first to the offender and if compliance is not achieved, then the property owner is then cited. C. Public testimony: None d. Mayor Dirksen closed the public hearing. e. Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Ordinance No. 04-03. ORDINANCE NO. 04-03 - AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT "BILLBOARDS" WITHIN THE TIGARD CITY LIMITS AND TO DECLARE AN EMERGENCY Tigard City Council Meeting Minutes - January 27, 2004 Page 9 5 The motion was approved by a unanimous vote of Council members present: Mayor Dirksen - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 10. CONSIDER ESTABLISHING TASK FORCES WITH REGARD TO THE ANNEXATION OF BULL MOUNTAIN Four subcommittees will be formed for areas of Police, Parks, Streets (Capital Improvements 8Z Maintenance), and Planning. As names of applicants are received, the Mayor will assign placement of individuals on subcommittees. If an overwhelming amount of names are received for a subcommittee, the Mayor's Appointment Committee will evaluate how to assign members to the subcommittee. Subcommittees shall be balanced with Tigard citizen and Bull Mountain citizen representatives. City staff appointments have been made. Tigard staff is working with Washington County to determine who from the County will serve on each of the subcommittees. Motion by Councilor Sherwood, seconded by Councilor Wilson, to establish the subcommittee task forces with the Mayor making the final decision with assistance from staff on the names of four or more volunteers for each task force; individuals may only serve on one task force. The motion was approved by a unanimous vote of Council members present: Mayor Dirksen - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 11. CONSIDER A RESOLUTION FORMING THE COMMITTEE TO REVIEW THE z PLANNED DEVELOPMENT SECTION OF THE COMMUNITY DEVELOPMENT R CODE n Community Development Director Hendryx reviewed the proposed resolution. 'o Councilor Wilson commented that he hoped that the "real issues" could be identified to find out why people are not happy with the Code. Mayor Dirksen read the proposed resolution. Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Resolution No. 04-08. Tigard City Council Meeting Minutes - January 27, 2004 Page 10 RESOLUTION NO. 04-08 - A RESOLUTION TO FORM THE PLANNED DEVELOPMENT CODE REVIEW COMMITTEE. The motion was approved by a unanimous vote of Council members present: Mayor Dirksen - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 12. COUNCIL LIAISON REPORTS: None 13. NON AGENDA ITEMS: None 14. EXECUTIVE SESSION: Not held. 15. ADJOURNMENT: 10:55 p.m. At' t ern Wheatley, City-Recorder Attest: ayo , City o agar Date: -3.Q-r,)4 1ladmk8Ny1amUMt040127.dM 7 Tigard City Council Meeting Minutes - January 27, 2004 Page 1 1 Revised 1/26/04 - Mayor's Agenda TIGARD='CITY COUNCIL r MEETING xNrUA`2-7'2004 ~Y 6:30' rfi: CITY OF TIGARD R._ OREGON T G RI}°CI.TY HALL k3'T25 :SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JANUARY 27, 2004 page I AGENDA TIGARD CITY COUNCIL MEETING JANUARY 27, 2004 6:30 PM • STUDY SESSION > DISCUSSION REGARDING HEARINGS OFFICER RATE INCREASE REQUEST (Skate Park Task Force Update) - set over to 2/10/04) • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(1 d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any Information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8z Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted [ in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Local Contract Review Board: a. Award Contract for the Construction of an Aquifer Storage and Recovery Production Well and Test Well to Geo-Tech Explorations, Inc. COUNCIL AGENDA - JANUARY 27, 2004 page 2 • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. COUNCIL GOAL UPDATE/CONSIDER APPROVING FINAL COUNCIL GOALS FOR 2004 a. Review of Council Goals b. Council Discussion C. Council Consideration: Motion to adopt 2004 Council Goals 8:05 PM 5. UPDATE ON THE NEW TIGARD LIBRARY a. Staff Report: Library Staff b. Council Discussion 8:15 PM 6. ANNUAL REVIEW OF THE COMMUNITY ASSESSMENT PROGRAM a. Staff Report: Administration Staff b. Council Discussion 8:30 PM 7. PUBLIC HEARING (QUASI-JUDICIAL) - ANNEXATION OF THE CLEAN WATER SERVICES AND CITY OF TIGARD PARCELS (ZCA 2003-00007) City Attorney Ramis will read: REQUEST: The applicants are requesting to annex four (4) parcels of land containing 47 acres near Cook Park into the City of Tigard. LOCATION: Washington County Tax Assessor's Map Numbers 2S114AD, Tax Lots 100 and 200; and 2S114DA, Tax Lots 100 and 300. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Cade Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. City Attorney Ramis will read instructions about quasi-judicial hearings... a. Open Public Hearing COUNCIL AGENDA - JANUARY 27, 2004 page 3 b. Declarations or Challenges Mayor to read: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? C. Staff Report: Community Development Department d. Public Testimony Mayor to read: For all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria described by staff or other criteria in the plan or land use regulation which you believe apply to the decision. Proponents Opponents Rebuttal e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Ordinance No. 04 - 01 Councilor: I move for adoption of the proposed Ordinance. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder. (Reads as requested.) Mayor: Is there any discussion? i Mayor i (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder. Conducts roll call vote. Mayor. Ordinance No. 04-01 (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes = failed motion. COUNCIL AGENDA - JANUARY 27, 2004 page 4 8:45 PM 8. PUBLIC HEARING (LEGISLATIVE) - CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL ZONES, SUBJECT TO LIMITATIONS, AND TO MODIFY THE AMOUNT OF TEMPORARY SIGNAGE (ZOA 2003-00002) REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow temporary A-frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. a. Open Public Hearing b. Staff Report: Community Development Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Ordinance No. 04 - 02 Councilor. I move for adoption of the proposed Ordinance. Councilor: I second the motion. Mayor. Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorderplease conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor. Ordinance No. 04-02 (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes = failed motion. COUNCIL AGENDA - JANUARY 27, 2004 page 5 9:05 PM 9. PUBLIC HEARING (LEGISLATIVE) - CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT AND CHAPTER 18.780 TO CLARIFY LANGUAGE PROHIBITING "BILLBOARDS" (ZOA 2003-00003) REQUEST: To.review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. a. Open Public Hearing b.. Staff Report: Community Development Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Ordinance No. 04 - 04-03 Councilor. 1 move for adoption of the proposed Ordinance. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. 04-03 (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes = failed motion. COUNCIL AGENDA - JANUARY 27, 2004 page 6 9:25 PM 10. CONSIDER ESTABLISHING TASK FORCES WITH REGARD TO THE ANNEXATION OF BULL MOUNTAIN a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Motion to establish various task force groups to provide additional time for public discussion and understanding of key impacts, including costs and benefits of annexing the Bull Mountain area. 9:40 PM 11. CONSIDER A RESOLUTION FORMING THE COMMITTEE TO REVIEW THE PLANNED DEVELOPMENT SECTION OF THE COMMUNITY DEVELOPMENT CODE a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 04-08 Councilor: I move for adoption of the proposed Resolution. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. please say "aye. " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. please say "nay. " Mayor/Councilors: Mayor. Resolution No. 04-08 (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes = failed motion. COUNCIL AGENDA - JANUARY 27, 2004 page 7 9:45 PM 12. COUNCIL LIAISON REPORTS 13. NON AGENDA ITEMS 14. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 15. AD30URNMENT 1:%D &ACATHMCCA12004\040127. DOC I COUNCIL AGENDA - 3ANUARY 27,2W4 page 8 City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD In the Matter of the Proposed Ordinance(s) OREGON STATE OF OREGON ) County of Washington ) ss. City of Tigard ) being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 0 c f - b ( D `1- 0 J 6 03 , which were adopted at the City Council meeting of with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of (A 0- r"Z20-0--V--. 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon Signature of Person who Performed "Posting Subscribed and sworn (or aff, ed) before me this day of 20~ OFFICIAL SEAL Signature of Notary Public for Oregon JBENGTSON P!NOTARY PUBLIC-OREGON COMMISSION N0.368086 MMISSION EXPIRES APR. 27, 2007 UTIG3331USRIDEPTSWDKGREERIFORMS\AFFIDAVITSWFFIDAVIT OF POSTING - ORDINANCE.DOC COMMUNITY NEWSPAPERS Legal P.O. BOX 370 PHONE (503)684-0360 Notice TT 10349 BEAVERTON, OREGON 97075 The following will be considered by the Tigard City Council on lVesday January 27, 2004 at 7:30 PM at the Tigard Civic Center City of Tigard Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 13125 SW Hall Blvd. Public oral or written testimony is invited. The public hearing on this, Tigard, Oregon 9 7 2 2 3 matter will be held under Title 18 and rules of procedure adopted by , Accounts Payable the Council and available at City Hall or the rules of procedure set. forth in Section 18.390.060E. Further information may be obtained from the Planning Division" (Staff contact: Mathew Scheidegger) at 13125 SW Hail Blvd., Tigard, Oregon 97223, or by calling at 503-6394171. PUBLIC HEARING ITEM: F ZONE CHANGE ANNEXATION (ZCA) 2003-00007 AFFIDA` I STATE OF OREGON, ® CLEAN WATER SERVICES ANNEXATION < SS, REQUEST: The applicants are requesting to annex our (4) parcels' COUNTY OF WASHINGTON,) of land containing 47 acres near Cook Park into the City of Tigard LOCATION: Washington County Tax Assessor's Map Numbers • i, Kathy--~riyde'^ - 2S114AD, Tax Lots 100 and 200; and 2S114DA, Tax Lots 100 and. being first duly sworn, depose and, 300. ZONE: R-4.5: Low-Density Residential District. The R-4.5 Director, or his principal clerk, of tt zoning district is designed to accommodate detached single-family a newspaper of general circulatio homes with or without accessory residential units at a minimum lot: and 193.020; published at~ size of 7,500 square feet. Duplexes and attached single-family units aforesaid county and state; that thl are permitted conditionally. Some civic and institutional uses are also Public He a r i ncJ / 7. CA 2 0 0 3 permitted conditionally. APPLICABLE REVIEW CRITERIA: a printed copy of which is hereto a The approval standards for annexations are set out in Community entire issue of said newspaper for_ Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter: consecutive in the following issues: 3.09. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE January 8 ,15 , 2 0 0 4 ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION- AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY- FIVE CENTS (25¢) PER PAGE, OR THE CURRENT RATE- CHARGED FOR COPIES AT THE TIME OF THE REQUEST.' AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A- COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED Subscribed and sworn o be ore mE FOR TWENTY-FIVE CENTS (25¢) PER PAGE, OR THE- 0 ~ CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. INFORMATION IS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACTS LISTED ABOVE. MEN •4589 2005 My Commission Expires: Jill ? V19nUMnAV AFFIDAVIT { tcAtoo;-ooooT CLEAN WATER TIfiAAD CITY UNITS ANNEXA NEb1 s TI0N A - TT 10349 - Publish January 8, 15, 2004. d ~x N- or JO xBeM lOJ) vi aurs, ~~►JJ~~ rwd 0e40e0a ve sselo COlif1'.'y.d oE:.C 'PooMia4S to auolspef0 P.C` •urd OVI GIIJAUl061Mep8 p,0 :Seueege:. 'poomie4S le apes e' . :SewsO f . AVeyS a '9ed Repsenl V31 EL 'ue /fepyenl w'd Oe:I 'sailed 041 IV Pooava 'Poo,Kre4S 1e apgS a, r :seweB BE 'Uep ,,Kepljq y, Legal Notice Advertising I d os:L 'swpeyy le poonia4;`z 'City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. Tigard,Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, j ss. I,Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard-T»al at; n rimes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Public Hearin Z7rA2003-00007 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TWO successive and consecutive in the following issues: January 8,15,2004 X-1 om - " Subscribed and sworn o be ore me this 14th a ry , 2 0 0 4 OFFICIAL SEAL ROBIN A BURGESS o ary Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 344W9 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2003 AFF113AVIT - Publish January a, 15, 2004. TT 10349 COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 Legal Notice TT 10348 BEAVERTON, OREGON 97075 Legal I The January 13, 2 -804 public hearing on this item has been- rescheduled to Tuesday January 27, 2004, at 7:30 PM at the Tigard-' City of Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, `Oregon. 13125 SW Hall Blvd. The Tigard City Council will consider the following application: *t'i ga rd , Oregon 9 7 2 2 3 Public oral or written testimony is invited. The public hearing on this, matter will be held under Title 18 and rules of procedure adopted by i Accounts Payable the Council and available at City Hall or the rules of procedure set. forth in Section 18.390.060.E. Further information may be obtained from the City of Tigard. Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-639-4171. AFFIDAVIT OF PUBJ PUBLIC HEARING ITEM: ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 STATE OF OREGON, ) ® BILLBOARDS & FREESTANDING FREEWAY COUNTY OF WASHINGTON, ) ss' .ORIENTED SIGNS ODE AMENDMENT < REQUEST: To review and amcgd the Tigard Sign Code Chapter i'Katby _gnAPr 18.780 to clarify language regarding "Billboards" and being first duly- sworn, depose and say that I , "Freestanding Freeway Oriented Signs," and to amend the Director, or his principal clerk, of th8'i Bard- language of Section 18.230.030 to make the definition of a newspaper of general circulatiop as define "Responsible Party" consistent with Tigard Municipal Code• and 193.020; published at Tigard Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE:. aforesaid county and state; that the N/A. APPLICABLE REVIEW CRITERIA: Statewide .Public H_ a r; n a/ Z C 2 0 0 3- 0 0 0 0 3 ` Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and a printed copy of which is hereto annexed, wi Community Development Code Chapters 18.230, 18.380, 18.390 entire issue of said newspaper for ONE and 18.780. consecutive in the following issues: TT 10348 - Publish January 8, 2004. January 8,2004 • Subscribed and sworn to 464e me th0th day of January, 2004 OFFICIAL SEAL ROBIN A BURGESS Lary Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 344589 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2005 ArFIDAVIT ~enegl8eis 'siopeeyy w-d 0£:L 'epaoel93 le poomue 'uosselpOW 'ue9u8H '111e4Buluun0 :9ews8 6 •usr'RspNd L 144olel 'Z IsenO peg0H 'I, 1104w1 mous pdd 'alleS el Is poolmmiei I L JePOA '£1 61I80e1 - (0£) V11V70W :sllnsei 9 •uer'Repsenl ® I to{po0 'Z I1e49JBIN A91IN 'b 9£ elleloW '99 Guolspe '9lelse0 '9 uosisuact '9 uosugor :sllnsej £ •uer'AupinleS '£1 4sul 'Lt wruRB - (99) (]00Ma31HI8 " Z4 UOIXW"UPON:t1S GiPAUOSp allnse~Z suer. ~tepl~j . 8t' uoueW WON '99 seJpeyy I o£ elleloW '99 POOMJ04S - 1 6 0 0 811!AUOS!! i :rose £ •uer'AspjnleS - 9 Z 0 0 01104leo Aalp I 04 wels!S ' 19 swpew - £ 9 0 0 Salle(] at :9llnse1Z'uer'AspNj - Z 8 0 0 POONUaI 94 "1!le(]'alllAtelu!~loyy 'Zg auoispel0 - 4 9 0 0 Seipe :sllnsej t£ •oeQ'6epseupeM - 9 b 0 0 alleS i - 4 9 0 0 Guoispe, 8 Z 0 0 e11!AUOSIIM - £ Z 0 0 epe0el< Z 9 0 0 0!1041eO R811en 95 It M Z RI 9 4 0 0 Salle(] 041 uoseeS en6sel £ L 0 0 poomra4S £'ueryo seweB 46nw41'sBulpuelS COMMUN - b 9 0 0 Seipelq enBea y e a 1.1 - 9 9 0 0 Giles el 7 II A-. 1 £ 9 0 0 auolspel0 P.O. BOX 37 - y b 0 0 epeoels3 'w•d g 1:L 'PieB1 Is uliele~ 8 BEAVE W Z M T M meweB or, •uer'Itepljj w I 'w-d gl:1. UngpooM Is uplei Legal Notice Advertising eCity of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. Tigard, Oregon 97223 ' ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ) 1, KathVSnydar being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of th&I Surd-TuaI ntA n `r'3,mes a newspaper of general circulatiop as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Public Hear; ngZZC2003-00003 Signs a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: January 8,2004 ea-L" . 22:i:U A-91 Subscribed and sworn to be re me thi§th day of January, 2004 OFFICIAL SEAL ROBIN A BURGESS tary Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 344589 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2005 AFFIDAVIT app( City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinances 04-01 through 04-15 STATE OF OREGON ) County of Washington ) ss. ( a-7 / DLJ City of Tigard ) I, C` k riY~' U-)l)-Oaj)eL~ , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I on December 15, 2005, I posted in the following public place, a copy of Ordinance Numbers 04-01_through-04-15 , which were adopted by the City Council. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Y Signature of Person who Perfo=d Posting SubscribtiVd anted sworn (or affirmed) before me this day of ~~w` , 20 L OFFICIAL SEAL r JILL M BYARS *NOTARY PUBLIC-OREGON - - - - - - - - - - - COMMISSION NO.381793 Signature of Notary Public for Oregon MY COMMISSION EXPIRES JUNE 14, 2008 J la t;ladmrgmeNoanstef0davits1a10d2vil of posting - 04 ordinances- 04-01 to 04.15 - pem R centendoc J Pima 1t CITY OF TIGARD, OREGON ORDINANCE NO. 04- 01 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2003-00007 (CLEAN WATER SERVICES ANNEXATION) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT, AND TRANSFERRING SANITARY SEWER SERVICE FROM CLEAN WATER SERVICES. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services for purposes of providing direct sanitary service, and the Washington County Vector Control District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on January 27, 2004 to consider the annexation of four (4) parcels of land consisting of 47 acres and withdrawal of said property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District, and transfer of sanitary sewer service from Clean Water Services; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District op January 27, 2004; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the current and proposed zoning district is R-4.5, therefore, no zone change is necessary; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE NO. 04-ZCA2003-00007 CWS Annexation Page 1 of 2 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcels shown in the attached Exhibit "A" and further described in Exhibit "B" and withdraws said parcels from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to an agreement between Clean Water Services and the City, upon the effective date of this ordinance, the City will be the agency responsible for providing direct sanitary service to the property or properties that are annexed. SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2004. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By un Ct r irfu5- US vote of all Council m bers present after being read by number and title only, this Q-ttt day of52004. "t LA Catherine heatley, City Recorder APPROVED: By Tigard City Council this a day of , 2004. Craig Dirksen, Mayor Approved u to f rrr~: ~ ~ y Attorney 2, -7 Z04-- Date ORDINANCE NO. 04- ZCA2003-00007 CWS Annexation Page 2 of 2 LM" a p1p1f~ I Of00A^fa10 1a 10 A~^SIO 0) yICIVII V "AI' RD ! ' r ! D e oo- W, ! = wo ! tt ~ s SER~iCES W p~NEXA~I~N 4 Q to, 1 I ~d,L 'iP` af! Taut Yunt3 11 -1 S lyfa^+f ~aP N bD Pat% n0 0 tv 467 Mat r.1^af 05t1fbn. y,tamftbn anthM mfP 4 k, 9bn~ -a-0 Yadpd elhthf paW 9 Dtd ftlauM Da i1ti41w~ tpatd.6A OT'S] {403)0]0• fvdAtuf ic~MAG1 A plot decac 2 ~ :~me9 -lit a►~ _S klA lie . „Aiooment EXHIBIT B DESCRIPTION FOR ANNEXATION A TRACT OF LAND LOCATED IN THE NORTHEAST AND THE SOUTHEAST ONE-QUARTERS OF SECTION 14 AND THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,WASHINGTON COUNTY, OREGON DESCRIBED AS FOLLOWS: BEGINNING AT THE ONE-QUARTER CORNER LOCATED BETWEEN SECTIONS 13 AND 14 TOWNSHIP 2 SOUTH, RANGE 1 WEST WILLAMETTE MERIDIAN THENCE S 88° 48' 39" E A DISTANCE OF 72.95 FEET TO THE WESTERLY RIGHT-OF-WAY OF THE BURLINGTON NORTHERN RAILROADAND A POINT ON A CURVE TO THE LEFT; THENCE S 09° 52'57" W, ALONG SAID RAILROAD RIGHT-OF-WAY AND A CURVE TO THE LEFT WITH A RADIUS OF 1884.86 A DELTA OF 17-17'45" (A CHORD WHICH BEARS S 09° 52'57" W 566.55 FEET) AND A LENGTH OF 568.7 FEET; THENCE S 01° 27'20" W A DISTANCE OF 755.53 FEET; THENCE N 88° 39' 13"W A DISTANCE OF 974.11 FEET MORE OR LESS TO THE CENTER OF THE TUALATIN RIVER; THENCE ALONG SAID CENTER OF THE TUALATIN RIVER THE FOLLOWING 12 COURSES, N 14°27' 51" E A DISTANCE OF 86.91 FEET; THENCE N 12° 10' 49" E A DISTANCE OF 81.60 FEET; THENCE N 21 ° 18' 16" E A DISTANCE OF 85.28 FEET; THENCE N 13° 32' 50" E A DISTANCE OF 67.13 FEET; THENCE N 14° 41' 57" E A DISTANCE OF 76.48 FEET; THENCE N 01° 28'27" E A DISTANCE OF 53.89 FEET; THENCE N 16° 08' 34" W A DISTANCE OF 94.95 FEET; THENCE N 36° 19' 23" W A DISTANCE OF 39.42 FEET; THENCE N 07° 25' 50" W A DISTANCE OF 42.72 FEET; THENCE N 49° 27' 18" W A DISTANCE OF 37.97 FEET; THENCE N 57° 14' 11" W A DISTANCE OF 33.77 FEET; THENCE N 64°07' 23" W A DISTANCE OF 81.01 FEET; THENCE N 84'34'28" W A DISTANCE OF 93.58 FEET; THENCE N 01'22'18" E A DISTANCE OF 631.10 FEET; THENCE S 88° 37'46" E A DISTANCE OF 514.88 FEET; THENCE N 01° 35'43" E A DISTANCE OF 1140.32 FEET; THENCE S 88° 30' 28" E A DISTANCE OF 660.07 FEET; THENCE S 01° 35'35" W A DISTANCE OF 416.03 FEET; THENCE N 88°24' 25" W A DISTANCE OF 295.20 FEET THENCE S 01 ° 24' 25" E A DISTANCE OF 295.20 FEET; THENCE S 88° 24' 25" E A DISTANCE OF 295.20 FEET; THENCE S 01 ° 35'35" W A DISTANCE OF 427.70 FEET TO THE POINT OF BEGINNING. CONTAINING 47 ACRES MOR OR LESS. L ENGUMMIM I I4AD100.700.ANX CITY OF TIGARD, OREGON ORDINANCE NO. 04- 02. AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL ZONES, SUBJECT TO SIZE AND PLACEMENT LIMITATIONS, AND TO MODIFY THE AMOUNT OF TEMPORARY SIGNAGE THAT IS ALLOWED. WHEREAS, the applicant has requested a Zone Ordinance Amendment to amend the language of the Tigard Community Development Code Chapter 18.780 to allow A-frame signs within residential zones, subject to size and placement limitations, and modify the amount of temporary signage that is allowed in low and medium density residential zones; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and by motion modified the amendment so that the size limitation should be reduced from 6 to 4 square feet per face, and should be applied to all types of lawn signs, not just A-frames; and WHEREAS, the City of Tigard Planning Commission voted in favor of the modified amendment on a 4-2 vote with one member abstaining; and WHEREAS, the City Council held a public hearing on the request on January 27,, 2004 and indicated they were supportive of the proposed development code text change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting the health, safety, and welfare of the Tigard citizens, as well as, the interests of business in Tigard; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 04- 02 Page 1 SECTION 1: The specific text amendements attached as "EXHIBIT A- I" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U 11lL,r1lmouS vote of all Col cil members present after being read by number and title only, this Q-71t day of , 2004. he Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this 7 bi4 day of , 2004. Craig irksen, Mayor Ap oved as to form: lty Attorney 112,116 Date ORDINANCE No. 04- Page 2 EXHIBIT A-1: Amendment Language 18.780.015 Definitions 1. "'A'-{beard] frame sign." means any double face temporary rigid sign; 52. Temporary sign. means any sign, .[A-beard-frarr~e banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the ground. A lawn freestand+ag sign in residential zones WhiGh is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 {132:} can be met. A lawn sign in commercial or industrial zones is subject to temporary permit requirements as provided for in Subsection 18.780.100. 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of [4-24 24 square feet in the [R 1, R 2 R 3 5 R-4.5, aRd residential zones. b. r" total of 24 square feet in the R-12, R 25 aRd R ^ zeneT; A-frame signs shall be no greater than 6 square feet per face in any residential zone. Lawn signs shall not exceed 12 square feet per face in the R-1, R-2, R-3.5, R-4.5, and R-7 zones. Lawn signs shall be placed on private property and not within the public right of way nor shall such signs obstruct the clear vision area described in Chapter 18.795. A-frame signs are permitted only between the hours of 8 AM and 6 PM. 2. Signs not oriented or intended to be legible from a right-of-way, other property or from the air; 18.780.100 Temporary Signs Amendment Lannuage without Markup 18.780.015 Definitions 1. "A-frame sign." means any double face temporary rigid sign; 52. Temporary sign. means any sign, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the ground. A lawn sign in residential zones is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 can be met. A lawn sign in commercial or industrial zones is subject to temporary permit requirements as provided for in Subsection 18.780.100. 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of 24 square feet in residential zones. b. A-frame signs shall be no greater than 6 square feet per face in any residential zone. Lawn signs shall not exceed 12 square feet per face in the R-1, R-2, R-3.5, R-4.5, and R-7 zones. Lawn signs shall be placed on private property and not within the public right of way nor shall such signs obstruct the clear vision area described in Chapter 18.795. A-frame signs are permitted only between the hours of 8 AM and 6 PM. 2. Signs not oriented or intended to be legible from a right-of-way, other property or from the air; 18.780.100 Temporary Signs A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs issued by permit shall not exceed one for any use at any one period of time; such signs are not permitted for single- family and duplex dwellings. Exempted lawn signs in residential zones are not governed by this provision; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single- family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; 5. A balloon as provided in Subsection 18.780.090 C. D. Location. The location of a temporary sign requiring a permit shall be as approved by the Director. Exempted lawn signs shall be placed only on private property, outside of the public right of way, and may not obstruct the clear vision area. E. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures. MOM 0 0 0 a CITY OF TIGARD, OREGON 71 ORDINANCE NO. 04- 03 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT "BILLBOARDS" WITHIN THE TIGARD CITY LIMITS AND TO DECLARE AN EMERGENCY. WHEREAS, the City of Tigard has requested a Zone Ordinance Amendment to amend the language of the Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of "responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that serves to prohibit "billboards" within the Tigard City limits; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January S, 2004 and unanimously recommended approval of the proposed amendment by motion; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that signs that exceed the minimum dimensional requirements of "Free-way oriented freestanding" signs create visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and the community's appearance. The City Council determines that it is appropriate that the City Council make a finding and declaration that this Ordinance is necessary for the protection and preservation of public health, public safety, public property, and public peace and welfare, and that this Ordinance should be in full force and effect immediately on its adoption; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and a' WHEREAS, the City Council has found the following to be the only applicable review criteria: y Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and J ® WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent W with the applicable review criteria and that approving the request would be in the best interest of the City .j of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: O4- ORDINANCE No. 62, D Page I • SECTION 1: The specific text amendements attached as "EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: An emergency is declared to protect the health, safety, and welfare of the Citizens of Tigard. This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Uf 6LVY%Y,nous vote of all Cou cil members present after being read by number and title only, this day of 12004. ~hXx Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this cQ -7 dajof./&n,~ , 2004. Crai Dirksen, Mayor Approved as to form: A/ V twy Attorney 1 /27/0 Date O~- ORDINANCE No. t%,03 Page 2 "EXHIBIT A-1" PROPOSED CHANGES ADDITIONS: Indicated by UNDERLINE DELETIONS: Indicated by STRIKE4HR0UGW (Additionally, a bar in the far right margin also indicates where a change has been made. Example:-> ) Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. Responsible party. if a provision of this title is violated by a firm or , effieers, or persen or: persons responsible for the vielation shall be subject to the penalties imposed-by "Responsible party" means the person responsible for curing or remedying a violation this seetion. which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant or other person having possession; Enforcement 18.230-1 11126198 3. The person who is alleged to have committed the acts or omissions created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work - stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing, The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: I. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven (7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes Enforcement 18.230-2 11126198 44 Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. a 7. To regulate solely on the basis of time, place and manner of a sign, not on its content. N B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. m W C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the .J erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. D.Oregen Motorist information Aet. This ehapter adopts by ref~renee the provisions of t - C)Fegen Signs 18.780-1 SE Update: 03102 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110, Definitions, and are as follows: 1. "'A' board sign" means any double face temporary rigid sign; 2. "Abandoned sign" means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area" - see Section 18.780.085 for definition of sign area; 4. "Awning sign" means a wall sign incorporated into or attached to an awning; 5. "Balloon" - see "Temporary sign"; 6. "Banner" - see "Temporary sign"; 7. "Bench sign" means a bench designed to seat people which carries a written or graphic message; 8. "Billboard" means a a freestanding sign in excess of the maximum size allowed with adjustments in the locations where it is located or proposed to be located. 9. "Billboard structure" means sn-acrm-airarii p°r tira billboard; 9_---1-0.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. ---1 !.-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal L entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, r nonprofit corporations, associations or joint stock companies; D 11. 4-2.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; a 12. 13. 'Cutout' means every type of display in the form of'letters, figures, characters and/or d representations in cutout or irregular form attached to or superimposed upon a sign; 13. 44r"Development review" means the site development review process set forth in Chapters 18.360; Signs 18.780-3 SE Update: 03102 14. 15. "Directional sign" means a permanent sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. 46-"Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message; 16. --14. "Electrical sign" means any sign utilizing electrical wiring; 17. 4-5-"Electronic information sign" means signs, displays, devices or portions thereof with lighted messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating, revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. 4-9-"Face of a building" means all windows and wall areas of a building in one or more parallel planes; 19. 20-"Flashing sign" means any sign which is illuminated by an intermittent or sequential flashing ' light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 241-"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically aligned roof; 21. 22-"Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole and not attached to any building; 22. 23-"Freeway interchange" means any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a surface street; 23. 24-"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 2-5-"Frontage" means the length of the property line of any one premises along a public roadway; C 25. 26-"Housing complex" means a grouping of one or more single-family attached residential units or one or more multi-family residential units; j 26. 24. 'Immediate or serious danger" means: i a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, Signs 18.780-4 SE Update: 03102 and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 2S-"Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign" - see "Temporary sign"; 29. 30. "Lighting methods" means: a. Direct - exposed lighting or neon tubes on the sign face; b. Flashing - lights which blink on and off randomly or in sequence; c. Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal - the light source is concealed within the sign. 30. 34-"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 3-27-"Nonconforming sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33-"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 34. "Painted wall decorations" means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 33-"Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. 36-"Painted wall sign" means a sign applied to a building wall with paint and which has no sign structure; 36. 37. "Person" means individuals, corporations, associations, fines, partnerships and joint stock companies; 37. 38-"Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 38. 39-"Projecting sign" means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached, except where there is an existing parapet; Signs 18.780-5 SE Update: 03102 39. 4A-"Projection" means the distance by which a projecting sign extends from a building; 35. 41. "n-rubli2-st yon 40. 42~:-"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 4-3-."Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections; 42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted "roof ' signs; 43. 4-5-."Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. -46. 'Shopping center" means developments of not less than eight business units; 45. 47. "Shopping plaza" means developments of between two and seven business units; 46. 4$-"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 47. 49-"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 38-"Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 49. 34-"Surface street" means a street which does not have limited access and which is not a freeway or expressway; 50. 32-"Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2. can be met. 51. 63-"Tenant Sign" means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update: 03102 52. 34-"Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 33-"Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures" except "sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period; or Signs 18.780-7 SE Update: 03102 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive I because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. E E.Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03102 C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.1300; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns ("chaser effect") shall be prohibited; i (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. i E. Free-standing freeway-oriented signs. 1. gene who qualifies for a pennit fi;em the State of ()regen under the provisions of the Oregon Materist information Aet need not seek sepamte appfoyal from the Givy of Tig-ard-, For signs i requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a state Den-nit consistent with ORS 377.723. Signs 18.780-14 SE Update: 03102 2. Freeway-oriented signs shall be permitted only in the C-G, I-P, I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. if the sign is a billboard, then ibe provisions- of Subseetion 18.780.090) shall-aPPIy; I 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; 10. Freeway oriented ssigns -shall be allowed only by administrative approval of a sitg1.n. F. Awning signs. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched "roof' sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 1 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03102 s A. Applicability. For the purposes of this chapter, non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions i regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; i 2. -Billboard signs tn extstenee on the eff~etive date of this title whieh do not eomply with provisions 4 Subseetion 18.780.090 A shall be permitted to remain fileng Highway 99W only untiIJUne 10, 19,98, at whieh time sueh signs shall be brought into eenfofmity. 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Signs 18.780-17 SE Update: 03102 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING - STUDY SESSION January 27, 2004 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon E71h1e&1u,wdy Ser<sion is he/d In the Red Rock G+eek Conference Room. Enter at the back of Town Ha//. The courages interested c/then to attend a// or part of the meedng. /f the number of attendees capacity of the Conference Room, the Councl/maymove the Study Session to the Town Ha//. 6:30 PM • STUDY SESSION > DISCUSSION REGARDING HEARINGS OFFICER RATE INCREASE REQUEST > EXECUTIVE SESSION: The Tigard City Council will go Into Executive Session to discuss labor negotiations under ORS 192.660(1 d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. > ADMINISTRATIVE ITEMS a. Bull Mountain Annexation - White Papers (Memo from Jim Hendryx - distributed to Council) b. MITCH school - request to be scheduled on Council Agenda C. Revised Agenda - Items 4 8z 5 combined to one item. d. Item 8 - "A-frame signs" public hearing - testimony from Bill Gross distributed to Council. e. Tour of new library site, March 13, 9 a.m. - (Memo from Margaret Barnes - distributed to Council) f. Items 8 8z 9 - Revised Ordinances (Memo from Cathy Wheatley distributed to Council) g. Item 11 - Staff report and proposed resolution. (Distributed to Council for the Planned Development Code Review Committee) h. NLC Conference - April - Family and Youth Services (Email from Mayor Dirksen distributed to Council.) i. Council goal-setting minutes isz final goal list (Distributed to Council) j.. Regional Partners - Press Event on Februaryl0 (Memo from Jim Hendryx distributed to Council) k. Request to schedule: Joint Meeting with the Tigard-Tualatin School District Board and the Tualatin City Council on Monday, April S. 1. Calendar Review • January 29 - Affordable Housing Symposium • February 10 - Council Business Meeting • February 12 - Special Meeting - Council Candidate Interviews • February 17 - Council Workshop Meeting • February 24 - Council Business Meeting 4 ~~r7 tis n February 26 - Coffee Talk (Memo distributed to Council) • March 3 - Coffee Talk (Memo distributed to Council) • March 13 - New Library Tour - 9 a.m. M. Distribute memo from Matthew Scheldegger regarding agenda item V, Annexation of the Clean Water Services and City of Tigard Parcels Executive Session - The Public Meetings Law authorizes governing bodies to meet In executive session In certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which Is dosed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agent, if the body has satisfied certain prerequisites. 192.660(l) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660(l) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660(l) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(l) (e) - Real property transaction negotiations. 192.660(l) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-6600) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(l) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660(l) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public Investments. 192.660 (1) (k)- Relates to health professional regulatory board. Nedm1c9hYCaempiA ehM- study seubn 8pet-4= "W4o1t1.aoc Q. CITY OF TIGsARD Community Development Shaping A Belter Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx DATE: January 22, 2004 SUBJECT: Bull Mountain Annexation - White Papers On January 27, 2004, Council is set to take action on finalizing the formation of several subcommittees charged with developing white papers on Parks, Police, Planning, and Streets. It is important to keep in mind that the Bull Mountain Annexation involves two decisions: 1) land use decision on the Annexation Plan and 2) legislative decision on proceeding with an election. It must make the land use decision based upon the proposed Annexation Plan meeting all applicable land use standards. If the Council decides all the land use criteria has been met, it then makes a legislative decision whether to place the Annexation Plan before the voters. The white papers should be acted upon separately from the Annexation Plan to keep the land use record free from extraneous issues. The Annexation Plan must be based on specific criteria by State statutes and our Comprehensive Plan and Community Development Code. The white papers are associated with the legislative decision on proceeding with an election and should be acted upon separately from the Plan. This can be done by a separate resolution acknowledging the white papers and any commitments or obligations resulting from the subcommittee. A memo from Gary Firestone is attached, explaining this in further detail. RAMIS MEMORANDUM CREW CORRIGAN & To: Barbara Shields, City of Tigard BACHRACH LLP ' From: Gary Firestone, City Attorney's Office ATTORNEYS AT LAW Date: January 21, 2004 1727 N.W. Hoyt Street Portland, Oregon 97209 Re: Bull Mountain Annexation Plan Process (503) 222-4402 Fax: (503) 243-2944 You have asked me to provide comments on possible processes and procedures to provide the Council with additional information and to increase public input into the Bull Mountain Annexation Plan process. Generally speaking, the Council and the City have fairly wide latitude as to how to structure the process. This memo addresses a few of the issues that must be kept in mind as the City proceeds with its consideration of the annexation plan. 1. An Annexation Involves Two Decisions An annexation decision is in part a land use decision. ORS 197.175(1); Petersen v.Klamath Falls, 279 Or 249, 566 P2d 1193 (1977); storey v. City of Stayton, 15 Or LUBA 165 (1986). The City must determine whether land use standards and criteria set forth in the Community Development Code, the Comprehensive Plan, and applicable state statutes have been satisfied. However, courts have also recognized that the decision to annex is in some ways a totally discretionary legislative decision about the geographic extent of a City's sovereign powers and that the discretionary exercise of sovereignty is not a land use decision. Heritage Enterprises v. City of Corvallis, 300 Or 168, 708 P2d 601 (1985). The combination of the land use and non-land use aspects of annexation means that a City cannot annex if the land use standards are not met. If the land use standards are met, the City may still exercise legislative discretion and decide whether or not to annex. E The City therefore needs to make two separate decisions. It must make a land use decision as decide whether the proposed annexation meets applicable land use standards. In making that decision, the City must base its decision solely on applicable land use a standards and criteria. Only the Council can make that decision. If the decision is to deny based on failure to meet the land use standards and criteria, the procedure is j terminated. If the Council decides the land use criteria are met, the City must then make its legislative decision whether to annex. For annexation plan annexations, this is a two-step process. The first step is for the Council to decide whether it wants to proceed with the annexation. The Council at this stage may base its decision on almost any grounds, except for unconstitutional (e.g. discriminatory) ones. The only limitation on the Council's discretion is that it must find that the standards in ORS Chapter 195 have been met. However, those standards would have been addressed in the land use decision. If the Council decides to proceed with annexation, it refers the matter to the voters. The second step in the legislative decision is the vote on the annexation by the electors. This is a purely legislative decision, not subject to any standards or criteria. In proceeding on this matter, one issue that limits the City's procedural possibilities is the need to ensure that the land use decision is based on the applicable land use standards and criteria. While the Council has some discretion to determine whether the applicable standards and criteria have been satisfied (the more subjective and broad a standard is, the greater the discretion), the decision cannot be made on factors other than those applicable in the land use proceeding. Therefore, the City should take some care in clarifying what issues are to be considered in the land use proceeding and keeping the land use record relatively free from extraneous issues. 2. The Annexation Plan and Supplemental Material The Annexation Plan has been drafted to comply with ORS Chapter195 and applicable land use criteria. If the City wants more information (both for the public and for the Council), one option is to provide one or more reports addressing the plan. The City could also prepare additional factual findings, including findings addressing anticipated changes in urban services. Any additional reports or findings could be considered by and/or adopted by the Council. GAmuni\Tigard\bmap011504.doc CITY OF TIGARD MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and Tigard City Council FROM: Margaret Barnesjw DATE: January 23, 2004 SUBJECT: Tour of the New Tigard Library C: Bill Monahan We would like to schedule a tour of the new library site for the Council on Saturday, March 13, beginning at 9 a.m. We would plan to meet at the Tigard Christian Church parking lot and walk to the site from there. Representatives from Hoffman Construction and I will be on hand to answer questions. Please check your schedule and let me know if this date works for you. We hope that the new Council member will be able to participate in the tour also. Please wear sturdy shoes or boots that can withstand mud and moisture. Thank you for your continuing support of the new library. i i i i i Cathy Wheatley Re NLC Conference in Portland Page 1 From: Bill Monahan To: Dirksen Home Date: 1/20104 10:05AM Subject: Re: NLC Conference in Portland Thanks, Craig. We will put it on the agenda for council discussion. Bill "Dirksen Home" <dirksen.home@verizon.net> 01/20/04 09:53AM Syd There is an NLC conference in Portland this coming April, on Family and Youth services. Lou Ogden has asked the area cities to consider local programs or facilities that could be highlighted, and potential presenters. The shelter, CPAH, and Bonita Village were all suggested as possible items. There is an orientation meeting Wednesday at 10 am at Beaverton City hall. Perhaps you and I could go? I will talk about with you tonight. p.s. Bill, we should put this on an agenda in the near future to see what involvement we want to have cd CC: Cathy Wheatley; Liz Newton 1 ~l Ell a 1 Council Goal Setting Meeting Minutes January 5, 2004 Roll call - Present were Councilors Moore, Wilson, Sherwood and Mayor Pro Tern Dirksen. Craig Prosser and Bill Monahan from City staff were present. The meeting began shortly after 1 p.m. Bill Monahan introduced the format for the day and introduced Finance Director Craig Prosser to update the Council on the City's financial plan. Financial plan update - Craig Prosser showed the Council the latest financial plan which illustrates that the City will be going negative in fiscal year 2006-07, by $3 million if initial budget requests from City departments were all funded. After backing out new positions that likely won't be funded, Craig showed revised financial figures which forecast a restoration of the positive balance until fiscal year 2007-08. Some new positions will be funded under this scenario. Craig Prosser asked for direction from Council. Councilor Wilson asked for information on why the financial trends are happening. Craig Prosser explained that the major driver is personal services costs as 80% of costs are related to personal services. Cost of living allowances, dental and health plan costs, PERS, liability insurance and new facilities for personnel are included in those costs. Councilor Wilson asked for information broken out by those expenses which would be considered "cost of doing business" compared to "new services or facilities" which are coming on-line and have an increased cost associated with them. Craig Prosser distributed a matrix line "Long-term Financial Issues Council Priorities Major Issues" to check with the Council to determine if the assumptions from 2003 remain the same. He noted the proposed increase in franchise fees and creation of a privilege tax which Council clearly gave direction. He distributed a list showing the present franchise fees in various cities in Oregon. The matrix illustrates that there is room to increase some fees in Tigard, but those fees would be reflected on consumer bills. He explained that franchise fees and privilege taxes function the same way. An additional $250,000 could be generated by increasing Northwest Natural Gas franchise fees from three to five percent, at the same time a PGE increase would be substantially higher. Craig explained the limits that presently exist. A privilege tax will be developed by the Finance Department to be brought back for Council consideration in spring of 2004. Urban renewal is another financing tool which has been discussed. Craig Prosser noted that Washington County has raised the possibility of an urban renewal area that generally could follow the commuter rail priority. Council should consider whether to explore utilizing this financing mechanism. A local option property tax levy has also been discussed with Council during the past few years. Earlier, November 2004 was identified as a possible date for an election. Now a decision whether to pursue a levy in 2006 or 2008 is at issue. Craig Prosser explained that a local government cannot change its permanent tax rate. A levy for no more than 5 years can be adopted, consistent with the $10 cap. The Council expressed the need for additional training in finance. More training will be scheduled as the new member of City Council is appointed and oriented. 1 0 - M Goal Completion for 2003 and Goals for 2004 Bill introduced the memo which had been provided to the City Council outlining the goal achievement for 2003 by quarter and proposed goals submitted by department heads for 2004. Council determined that it has had sufficient time to study the goal achievement and desire to go right into discussion of goals for 2004. Goal 1 - Financial Strategy The Council has expressed an interest in a conservative approach on budget strategy. The Council expressed the desire to continue to delay the time frame when a serial levy will be needed. Council intents to find other ways to increase fees and reduce costs so that a levy can be delayed to a later year while we pursue a long-term solution to the City's financial needs. The Council discussed the need to give staff more direction and tasks that define what should be accomplished under the financial goals. Councilor Wilson suggested convening a strategic planning session later in the year to discuss each of the goals established by Council and give more complete direction on what should be achieved. Mayor Pro Tern Dirksen suggested that the financial strategy continue as the prime City goal for 2004. Craig Prosser suggested modified goal language which he had submitted to Council in advance of the meeting. Council considered that language. Council discussed the possibility of tax increment financing and heard from Bill the two ways to approach it. Council expressed an interest in having an urban renewal plan to put before the voters for approval rather than seeking a charter amendment. Councilor Wilson noted that he believes that a Central Business District Urban Renewal Plan should be prepared first, followed by the more costly required funding needed for the Washington Square Regional Center. If the City can complete one urban renewal program successfully, Councilor Wilson projected that it could lead to building community trust so that a second urban renewal area could be developed. Council consensus was to adopt Craig Prosser's suggested Council goal with modification. Council acknowledged that during the year it explored creation of an economic development program. Progress was made in the past year as Tigard joined the Regional Partners for Economic Development. Council concluded that this action fulfills the section of the goal related to economic development and the ongoing effort will be considered to be a task. Council suggested the following goals for 2004: A. Develop and implement a sustainable long-term financial strategy for issues such as: a. General Fund needs b. Library c. Transportation d. Parks and open space e. Washington Square regional center f. Central Business District g. Water system h. Extension of urban services through annexation 2 Goal 2 - Tigard Central Business District Bill reviewed the language of the goal and the status of the committee effort, as expressed to Council at a November study session. Mayor Pro Tern Dirksen suggested that this is an important goal; Section A of the 2003 goal has been completed. Section B can be modified to delete reference to the design of the Tigard's commuter rail station. Councilor Wilson feels that the TGM grant needs to define the vision, putting the vision into a document so that a more defined direction is created. Mayor Pro Tern Dirksen also suggested that the task force be expanded to include representation from other business center, the CPOs, and others. Councilor Moore suggested citizen business users are needed to give their input to the committee. The Council discussed how to get membership representation by people with a variety of concerns. Councilor Wilson feels at least half of the committee representatives should be representatives from the community at large. The advisory committee's initial task, defined in the creating resolution is to be completed in about four months, so a change could be made at that time. Councilor Moore noted that a second committee may be an appropriate direction to go. Councilor Wilson noted that for anything to happen in downtown an urban renewal plan is needed requiring citywide voter approval. The need for an improved downtown area has been debated in the community for many years. It has been promoted and fought against by groups for many years, Councilor Sherwood noted. Council agreed to language for a goal as follows: A. Support the activities of the Downtown Task Force as it defines a vision for redevelopment. B. Select a consultant to carry out the Transportation Growth Management (TGM) grant to create a redevelopment plan based upon the recommendations of the Task Force and Council. C. Choose a financing mechanism, such as tax increment financing, for carrying out the redevelopment plan or vision. D. Broaden the Task Force to include citywide representation. Council took a break at 2:52 p.m. returning at 3:08 p.m. Council returned and finalized Goal 2 by adding a statement broadening the Task Force. The change is L reflected in the goal above. C Goal 3 - Transportation Council discussed the goal. Councilor Wilson noted that the transportation system plan has identified many projects requiring funding, including ODOT projects, outside of our control. However, no priority list and strategy have been developed. Councilor Wilson would like the goal to go beyond what Tigard's responsibilities are but to include how Tigard can promote other agencies to fund improvements to facilities under their control. Council considered that the Right-of-Way management become a task. Councilor Sherwood suggested that the Council must at least meet twice with ODOT during 2004. A goal was suggested regarding communication with ODOT. Councilor Wilson suggested that there may be a need for the City to retain 3 an outside expert to assist the task force and staff to do transportation modeling or other work to help determine the funding recommendation for the City. City Council discussed the goal and decided to leave Goal 3 A. and B. in place for 2004 as written, as follows: A. Aggressively pursue solutions to congestion of state, county and city facilities that cross through Tigard. a. Reforming the Transportation Financing Task Force. b. Identify project priorities and funding needs for state and city facilities. B. Continue working with Tri-Met to identify and fund additional intra-city bus routes. Council reviewed Chief Dickinson's proposed 2004 goal which focused on the need for improvements to pedestrian safety. Council expressed appreciation for the submittal of the new idea and encourages the Police department to carry out the goal. Council looks forward to the results of the study and recommendation, however, did not feel that a City Council goal is needed at this time. After much discussion, the Council modified the goal for transportation to read as follows: A. Aggressively pursue solutions to congestion of state, county and city facilities that cross through Tigard. a. Reforming the Transportation Financing Task Force. b. Identify project priorities and funding needs for state and city facilities. B. Continue working with Tri-Met to carry out the Memorandum of Understanding and identify and fund additional improvements with an emphasis on intra-city bus routes. C. Council shall meet with ODOT representatives at least once in 2004 to discuss state road facilities in Tigard and the related funding needs and priorities. D. Council will continue discussion of the Transportation Goal during the Strategic Planning meeting on transportation. Goal 4 - Park and Recreation Council noted that during the past year the City completed an update of the Parks Master Plan for City facilities. Also, the City created a Parks and Recreation Advisory Committee. The Youth Forum, formed prior to 2003, continued to function during the year and has spun off other groups and activities. Councilor Moore noted that he has supported efforts citizens who have approached him desiring to seek voter approval to acquire additional open space. He has told individuals that if they want to pursue park acquisition in a funding package presented to the voters, he believes the Council will support it. Council ` discussed the idea and indicated a willingness to review and support a grassroots effort to put forth a r greenspaces bond. Council recognizes that the choice of election date needs to be considered in light of other City issues of funding questions scheduled for voter approval. After discussion, Council agreed to the following goals: a A. Meet with the Park and Recreation Advisory Committee to: a. Discuss the vision of the Task Force and the Council related to the City need for parks and recreation. b. Discuss possible acquisition needs and financing for the City of Tigard as well as unincorporated Bull Mountain. c. Discuss options and interest in creating a park and recreation district. B. Continue to participate in discussions with the Tigard-Tualatin School District and neighboring cities to consider the school district's funding needs. C. Meet with the Skate Park Committee and formulate a plan of action. 4 D. Continue to support the efforts of the Youth Forum. The last item to support the efforts of the Youth Forum, follow directly after an update on the activities of the Youth Forum and the recently created Youth Advisory Committee. Goal 5 - Water The water goal for 2003 represents a continuation of a ten year effort to secure a long-term source of drinking water. The goal read "continue to evaluate options for long-term water supply." Council concluded that since negotiations have gone well to complete a contract with the Joint Water Commission, which should culminate in a contract in early 2004, the goal has been completed. Council recognizes that additional work to complete negotiations of a wholesale contract with the City of Portland and potential expiration of other sources of water will continue to be tasked. In addition, the Joint Water Commission contract does not guarantee the acquisition of water rights; however, efforts will be made to improve the capacity of the Skoggins Dam which could eventually lead to ownership rights. Council expressed satisfaction that the Joint Water Commission agreement will finally be in place. Goal 6 - Growth Management Council discussed the development projects which are now underway in the City. Several of those projects are underway without controversy. In addition, Council discussed the status of the Bull Mountain Annexation Plan. During the coming year, Council expects that effort will be necessary to complete the Annexation Plan. Council recommended the following goal which will be Goal 5 rather than Goal 6 since no water goal will be needed in 2004: Goal 5 - Growth Management A. Continue Bull Mountain annexation information preparation leading to a July 2004 Council action on the Annexation Plan. B. Form subcommittees and review their completed White Papers. C. Designate a subcommittee which will review the Planned Development section of the Community Development Code, led by the Planning Commission. D. Develop a framework/timetable for a Comprehensive Plan update. E. Negotiate with Washington County staff to determine who will prepare the plan and zoning for the UGB Areas 63 and 64, and identify the source of funding for the plan. Goal 7 - Communication The language for 2003 read as follows: A. Increase Tigard's communication with other elected bodies through active participation of City Council members and staff. n B. Improve and expand communication with citizens, particularly communicating successes and future concerns. r~ g Council proposes reducing the number of meetings during the year with our state representative and senator from once a month to as little as once every three to four months. Council recognizes that the a legislature is not in session, thus monthly updates are not necessary. Council does want to continue to meet with state and regional officials and elected officers. Council modified the goal language to read: Increase Tigard's communication with other local elected officials and bodies through active participation of City Council members and staff. 5 Councilor Wilson noted that he has heard lately an interest in forming neighborhood groups or other citizen participation groups. But, it may be more productive to review the Development Code and other citywide regulations that apply. Mayor Pro Tern Dirksen and Councilor Sherwood have expressed to the Community Development staff the need to review density transfer regulations and opportunities while the Planning Commission considers revision to the Planned Development section of the Community Development Code. Council may want to review bad examples of development, according to Councilor Wilson, and determine if there are ways to modify City regulations in order to prevent the adverse impacts. He specifically cited construction of walls in residential areas. Council discussed the development opportunities presented by the code which seemed to encourage development of sensitive properties. Council discussed and agreed to leave in the Council goal section D to continue to improve and expand communication with citizens. Mayor Pro Tern Dirksen suggested three additions to the Council goal. He suggested that the Council support the mission of the Tigard Youth Council by considering adding youth representative to all City boards and committees. Also, he suggested the Council support the Tigard Beyond Tomorrow goal to maximize City involvement opportunities through educational programs by developing and implementing a citizen leadership series. He suggested Council investigate the possibility of supporting the Tigard Beyond Tomorrow strategy to "encourage public participation through accessibility and education with an annual citizens fair for community events and businesses." He suggested that a fair could highlight areas of the City, events of the City and the groups who sponsor them. Council supported investigating the possibility of doing these three tasks. Councilor Sherwood suggested that the leadership series of Tualatin and Beaverton should be looked at as they have had success. Council suggested using Tigard's recording facilities to record and retain the training and also borrow materials from Tualatin and Beaverton. The proposed goal for communication is changed to Goal 6 and reads as follows: A. Increase Tigard's communication with other local officials and elected bodies through active participation of City Council members and staff. B. Improve and expand communication with citizens, particularly communicating successes and future concerns. C. Support the Tigard Beyond Tomorrow goal to maximize citizen involvement opportunities through educational programs by implementing a citizen leadership series. D. Investigate the possibility of supporting the mission of the Tigard Youth Advisory Council "to empower, improve and connect the lives of Tigard's youth" by adding a youth representative to all City boards and committees. E. Investigate the possibility of supporting the Tigard Beyond Tomorrow strategy to "encourage public participation through accessibility and education with an annual citizens fair for community events and businesses." i New Goals i Council had an opportunity to suggest additional new goals for consideration. Council concluded that it wants for have a strategic planning session next week on transportation, a second session will be held after the six month goal report is prepared. At that session the Council will review the goal achievement and determine if any course of action should be changed. 6 Council considered the liaison appointment list dated January 8, 2004. All liaison appointments were confirmed with the addition of commuter rail coordinator committee assigned to Mayor Pro Tern Dirksen who volunteered. Council discussed a number of other issues including the following: 1. There is no need for changes to Council ground rules or the City charter at this time. 2. Council will consider having the City Attorney read a prepared hearing procedure statement rather than leave that responsibility to the mayor. 3. Have the architect for the City Hall remodel look at how the Town Hall can be better utilized to have presentation materials visible to the public. 4. The filling of the Council vacancy will involve a screening of process through the use of questions to be developed by the Council later. Council discussed the need to give direction to the filling of the Council vacancy. Further discussion will occur at an upcoming Council meeting. Council suggested that the draft Council goals be brought forward for discussion at the January 20 Council meeting for adoption on January 27. The goal setting session at the Tigard Water District Building recessed at 5:27 p.m. to reconvene at Cafe Allegro for the Council dinner without discussion of agenda items. The Council reconvened the meeting at Cafe Allegro at 6 p.m. and finished dinner at 7 p.m. iAadmWiftcouncil goals setting meeting minutes20G4.doc 7 Goal 5 - Growth Management A. Continue Bull Mountain annexation information preparation leading to a July 2004 Council action on the Annexation Plan. B. Form subcommittees and review their completed White Papers. C. Designate a subcommittee which will review the Planned Development section of the Community Development Code, led by the Planning Commission. D. Develop a framework/timetable for a Comprehensive Plan update. E. Negotiate with Washington County staff to determine who will prepare the plan and zoning for the UGB Areas 63 and 64, and identify the source of funding for the plan. Goal 6 - Communication A. Increase Tigard's communication with other local officials and elected bodies through active participation of City Council members and staff. B. Improve and expand communication with citizens, particularly communicating successes and future concerns. C. Support the Tigard Beyond Tomorrow goal to maximize citizen involvement opportunities through educational programs by implementing a citizen leadership series. D. Investigate the possibility of supporting the mission of the Tigard Youth Advisory Council "to empower, improve and connect the lives of Tigard's youth" by adding a youth representative to all City boards and committees. E. Investigate the possibility of supporting the Tigard Beyond Tomorrow strategy to "encourage public participation through accessibility and education with an annual citizens fair for community events and businesses." I:ladmWIRcouncil goals for 2004 drafLdoc U. L"', CITY OF TIGA►RD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx DATE: January 26, 2004 SUBJECT: Regional Partners On the afternoon of February 10, 2004, Sandy Baraugh of the United States Economic Development Administration will be in Portland to award a $75,000 check to the Regional Partners for Economic Development. These funds will greatly assist the Partners in completion of the regional strategy for economic development. Once completed, the strategy would allow the region to qualify for Economic Development Administration assistance. The press event will be held in downtown Portland at a yet to be announced location. If you would like to attend, please let me know so I can forward the information to the people coordinating the event. i 1:\cdadm\jerree\jim\general\regional partners memo to council 1-26-04.doc 1 t 1 I I Ll CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx DATE: January 23, 2004 SUBJECT: Coffee Talks and Open House We have two Coffee Talks scheduled: Thursday, February 26th - Wynne Wakkila, 15522 SW 141St Wednesday, March 3td - Jeanine Hill, 13746 SW 159th Terrace Given Council direction about delaying the election, we are assuming that the Open House scheduled for February 18th at Tigard High School will be cancelled. Agenda Item No. c iC~ c SeS~i~~~l Meeting of I , C~.rl • n City of Tigard Community Development MEMORANDUM Slapnpg Better Community CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: City Council FROM: Jim Hendryx A(P/&~4-/z/,~ i DATE: January 20, 2004 SUBJECT: Hearings Officer Rate Increase Request Larry Epstein, City Hearings Officer since 1990, has requested an amendment to his contract to increase his hourly rate. His request is for $140 per hour (up from $100 per hour). In Tigard, the Hearings Officer is responsible for the following decisions: Conditional Use Permits, Sensitive Lands in the floodplain, steep slopes, drainage ways, and wetlands and appeals of staff decisions. At present, Mr. Epstein has the following clients: Clackamas County, Washington County, Tigard, Gresham, Metro, Clark County, Vancouver, Washougal and La Center. This list provides evidence of the level of service provided by Mr. Epstein in comparison to other hearings officers. Mr. Epstein has over 20 years experience in a field of a limited number of practitioners. While the requested increase is considerable, there are some facts to consider. With the number of hearings we have had recently, the total cost for hearings officer services will near or exceed $10,000 after approximately one year's time. When contract amounts exceed $10,000, the City financial policies require the City to send out Request for Proposals for a competitive analysis of qualifications and applicants. If the City were to amend Mr. Epstein's contract now, it would provide i Finance up to a year to prepare and complete an RFP process for selection of a hearings officer for a contract that provides for more than $10,000. It is my understanding that some other such contracts will expire in 2004 so this would be consistent with those processes. Hearings Officer costs ranged from $2,289 in 1996 to $7,082 in 2002. For 2003, the cost will be $9,767. Page 1 of 3 ?K Mr. Epstein's letter, which is attached, indicates some background on the rate request. The average hourly rate for a lawyer with more than 20 years experience in the Metro area is $227. For a lawyer who practices real estate, land use or environmental law, it is $222. For a lawyer in Portland, it is $197. For other hearings officers, Sherwood pays Paul Norr, $180 per hour, Hillsboro recently approved an increase to $140 per hour for Dan Kearns, and Metro pays Richard Forrester $125 per hour. In comparison, the City Attorney's rate is $150 per hour and has been for the last two years. In 1997, their rate was $135 for a Partner, $125 for a Senior Associate and $115 for an Associate. Since this research was completed, Washington County approved the $140 hour, as did La Center. Clark County has agreed to the $140 rate with Mr. Epstein. He will be requesting similar increases from his other clients. Tigard's rate is presently the lowest of all his clients. This has provided a considerable savings to the City in comparison to what other cities pay. In 2002, the City amended its contract with Mr. Epstein to allow the use of his associate, Joe Turner, to work as an assistant and alternate hearings officer at $85 per hour. This contract is to expire in October, 2005. With this arrangement, the City has received a savings also. For example, for the recent Summit Ridge appeals, Mr. Epstein billed 8.25 hours and Mr. Turner's time was 27.25 hours. Mr. Epstein is not proposing to increase Mr. Turner's rate. Mr. Turner drafts findings for Mr. Epstein's review. This makes for a more efficient use of Mr. Epstein's time and a savings for the client. Other hearings officers do not now provide this alternate. Mr. Epstein's experience with the City is a distinct advantage since he has 13 years of experience with the codes, process and City itself. Other attorneys would have a learning curve to obtain that experience. While that experience was being obtained, they would take longer to research and write decisions. Prior to having the Hearings Officer do the type of reviews he is limited to, the City considered having the Planning Commission consider those reviews. This would have led considerably more staff time in preparing reports, in hearings and help in providing findings. The decisions the hearings officer is called to write are many times very complex. Frankly, a trained attorney provides considerably better findings than the Planning Commission is equipped to provide in those cases. This limits errors, mistakes, liability and generally provides more complete decisions. Mr. Epstein has provided the City of Tigard with exemplary service. Approval of his request will allow for no interruption of required services. Other alternatives are untimely, will require considerable time to complete and risk the interruption of services. Page 2 of 3 ATTORNEY RATES ATTORNEY TYPE HOURLY RATES Metro Lawyer, 20 ears experience $227 Real Estate, Land Use $222 Portland $197 Hearings Officer, Sherwood $180 Hearings Officer, Clark Count $140 Hearings Officer, Hillsboro $140 Hearings Officer, Washington County $140 Hearings Officer, LaCenter $140 Hearin s Officer, Metro $125 Hearings Officer, Washington County $140 Hearings Officer, La Center $140 City Attome , Tigard $150 Hearings Officer, Tigard (Requested) $140 Principal/$85 Associate I:\curpln\dick\contracts\ anuary 2004 epstein contract\HO rate increase request memo.doc Page 3 of 3 M LARRY EPS TEIN9 PC MUNICIPAL HEARINGS OFFICIALS In Oregon: 1020 SW Taylor Street, Suite 730 In Washington: Clackamas County Portland, Oregon 97205-2558 Clark County Washington County Telephone (503) 223-4855 City of Vancouver City of Tigard Facsi mile (503) 274-7782 City of Washougal City of Gresham E-mail: lepc@qwest.net City of La Center Metro RECEIVED PLANNING December 11, 2003 Dick Bewersdorff, Planning Manager DEC 15 2003 13125 SW Hall Blvd. Tigard, OR 97223 CITY OF TIGARD SUBJECT: Proposed Hearings Officer contract amendment Dear Dick: As you know, I have been the city's land use hearings officer since 1990 at the pleasure of the city council. This year the city graciously agreed to amend my contract to allow my associate, Joe Turner, to be alternate hearings officer and my assistant. That has helped me be responsive to the city and moderate the workload. I appreciate it. Now I am writing with another request. As I mentioned to you last Monday, Tigard now enjoys the lowest rates for my services among the jurisdictions I serve. But the cases in Tigard are no easier than elsewhere, and Tigard is one of only three jurisdictions where I conduct night-time hearings, which are more taxing to the spirit and the body. Also I have been doing some research. The average hourly rate for a lawyer with more than 20 years of experience in the metro area is $227; for a lawyer who practices real estate, land use or environmental law in the area is $222; and for a lawyer in Portland is $197. Obviously I am not paid near what my peers are making. I am not even paid as much as other hearings officers. Sherwood pays Paul Norr $180/hour. Hillsboro pays Dan Kearns $125/hour. Metro pays Richard Forester $125/hour. As a hearings officer with 20 years' experience and considerable skill, I am worth more than$100 per hour. When I started as the city's hearings officer 13 years ago, I was paid $60/hour. Every few years the rate increased, but the increases have not kept pace with my value. In light of the foregoing, I respectfully request that the city agree to increase the hourly rate for my services to $140 per hour for my time. Rates for Joe need not change. Clark County already has agreed to an identical increase, and I will be talking to my other clients soon. I would be happy to meet with you and/or other City officials to discuss this matter. Please contact me if you have any questions or want to discuss the matter. Thank you. Sincerely, L Y EPS , PC Larry t , MCP vs ~v e d f~ /a ~a -a-l AGENDA ITE ltd Seswon FOR AGENDA OF 1 04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Skate Park Task Force Update PREPARED BY: Dan Plaza DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Listen to periodic Skate Park Task Force Update. STAFF RECOMMENDATION No action required. INFORMATION SUMMARY The Task Force wishes to discuss their recent fundraising efforts. They have raised approximately $1,100, and over $2,100 has been donated in honor of Mayor Jim Griffith. The Task Force will also discuss the possibility of naming the future Skate Park in honor of Mayor Jim Griffith. OTHER ALTERNATIVES CONSIDERED n/a VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Council Goal #4 and Council Visioning Process "Tigard Beyond Tomorrow" ATTACHMENT LIST n/a FISCAL NOTES The Task Force now has approximately $3,200 in the Skate Park Task Force account. w yro AGENDA ITEM NO. - VISITOR'S AGENDA DATE : January 27, 2004 (Testimony limited to 2 minutes or less.) i~z) The Visitor's Agenda gives citizens the opportunity to address the Tigard City Council on any topic or issue. w If you are interested in testifying on a "public hearing" item scheduled for tonight's meeting, please sign the public hearing testimony sign-up sheet for that item. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED Gz15,rz~ 3u. L ,fit M i~ ~q q Sri c-v 7 7 Z3 1 to /f~ 3 _ /d 3 ~ 1094'}-~ w Gl~t~.lh 1 91u4 VISITOR'S AGENDA Page 1 LEGIBILITY STRIP IIIMI T10N {Y{T{V Y-_ O 0{0011/MIC IMiO~Y~ v1aw" tam L U "URBAN SERVICE AREA" T SUB2003-00009 SLR2003-00004 Da ==,o..,= = "APPEAL" OF SUMMIT RIDGE ' SUBDIVISION N pa 0 EW IN R G IP T o +oo zoo 300 .oo soo i{N 0 M (W Entered into the Record on ( . an. o 4 re By Cam( P C.~Qnn f~ c ~n an ~~J OW i T Agenda Item No. Exhibit No. y ~ c E 6L BER C ~ntarm>tro'• m {v{ nnp ~ ~v pRaraf bcWo1 o11y«+d OVA be wad VA"O{wb0nwt SWVIM DMOW. 13125 SW Md 6W Tqud OR {7223 (5o3) 530•4171 1 tlplwww.al ptid Mug Plot date: Nov 3.2003; C:lrnapicWlAGfC03APR Community Development 26 Ma number foo { s~oo This plat is for your aid in locating JAC a~o falo7o your land with reference to streets and others parcels. While this plat is believed to be correct, the company 6700 < r` rW assuaas no liability for any lass 11 `710 700 .:::o occurring by reason of reliance tJK ,_A0 ML_ thereon. 34 h. 1000 6610;0 ZQ Z 0 j SW SIRDSVIEW 3 Iwo r y W 23 lop 23-74 ~ ll _~1 1600 of ae 11 JiK 1000 17 fs00 O 7- 11 ' y lpOp 6b %ft AC CM wl q° p t' » 700 21 27 1.00 1700 !0 u WRUNTAIN ROAD--- 7Nt w E 41001 I 4,4. 4 SW WINTERVIEW DRIVE I p D an ft" Sam ~ w.n } 'L~J( 6600 V_ 470 4@M 7C & r .an ~ k CPQ , 1300 $200 #No sf00 12 3,34AC 14 LLI 21 > 23-78 y K (t 7100 sow 0 .li 7G 1300 6400 C j aLft } 6400 • y ~ } 1 } r1 17 ff00 f I } 'r! "00 21 I 6770 sfao QQJ~ 07 4100 0u t r 29 4"o > 4000 24 e4 ct > X X. 9"d 22 't• ':t X 21 . •Y. .R vaw:pl .j'''.a: 'iX;.• X X. Entere/d~ into the Record on) 04 By COC-e +Gh4& ~t c Y1~J1. Agenda Item No. Exhibit No. AGENDA ITEM # 3 FOR AGENDA OF January 27, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bid Award for ASR Production Well (COT-2R) and Test Well (COT-3T) PREPARED BY: Brian Rn r~ DEPT HEAD OK GYM CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of ASR Production Well (COT-2R) and Test Well (COT-3T)? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Geo-Tech Explorations, Inc. in the amount of $588,161.50. INFORMATION SUMMARY The City has recognized positive results from their first aquifer storage and recovery (ASR) well (COT-1R), located at their reservoir site on Canterbury Lane, and desires to continue expanding the ASR program. COT-1R was able to store approximately 115 million gallons (MG) of source water for use during Summer 2003. The next production well (COT-2R) is to be constructed at the City's 10 MG reservoir site at 12475 SW Bull Mountain Road. In addition, a test well (COT-3T) is proposed to be located in the vicinity of the old Baggenstos property (now Eagles View Subdivision), located north of Beef Bend Road, south of Bull Mountain Road, near 14151 Avenue. This location is preferred as it is very close to an abandoned well site that had excellent production records. Staff will be working with the homeowners association of Eagles View to acquire an easement to drill this test well. If the City finds that this site is not attainable, a secondary location is available. This secondary location is at the City's site for the future 410-Foot Zone Reservoir No. 5, located on 1501h Avenue, north of Beef Bend Road and just south of Woodhue Street. The attached memorandum provides additional information about ASR well drilling and the strategies available to the City for cost savings. The project was advertised for bids on December 16, 2003. A mandatory pre-bid meeting was held on December 30, 2003, and pre-qualification certifications were due that same day. Two bidders were pre-qualified. The bid opening was conducted on January 12, 2004, and the bid results are as follows: i Geo-Tech Explorations, Inc. Tualatin, OR $646,830.00 i Schneider Equipment, Inc. & Drilling Co. St. Paul, OR $889,130.00 Engineer's Estimate $510,795.00 After reviewing the bids, as compared to the Engineer's Estimate, it appears the City underestimated the effort the contractor will need to expend with regard to mobilization, water management, and the unit price for the casing. MEMORANDUM CITY OF TIGARD, OREGON DATE: January 13, 2004 TO: City Council FROM: Brian Rager, Public Works Engineering Manager RE: Bid Award for ASR Production Well (COT-2R) and Test Well (COT-3T) The City has recognized positive results from their first aquifer storage and recovery (ASR) well (COT-1R), located at their reservoir site on Canterbury Lane, and desires to continue expanding the ASR program. COT- 1R was able to store approximately 115 million gallons (MG) of source water for use during Summer 2003. In September, 2003, the Aquifer Storage and Recovery (ASR) Program Expansion Report was completed by Groundwater Solutions, Inc. (GSI), providing a recommendation for the next production well and an additional test well. The next production well (COT-2R) is to be constructed at the City's 10 MG reservoir site at 12475 SW Bull Mountain Road. The goal of this next production well is that it will have a minimum capacity of 1 million gallons per day (MGD) during summer months. The test well, COT-3T, is proposed to be located in the vicinity of the old Baggenstos property (now Eagles View Subdivision), located north of Beef Bend Road, south of Bull Mountain Road, near 14151 Avenue. This location is preferred as it is very close to an abandoned well site that had excellent production records. Staff will be working with the homeowners association of Eagles View to acquire an easement to drill this test well. If the City finds that this site is not attainable, a secondary location is available. This secondary location is at the City's site for the future 410-Foot Zone Reservoir No. 5, located on 150`x' Avenue, north of Beef Bend Road and just south of Woodhue Street. ASR production well drilling is accomplished in two basic steps. First, a pilot hole is drilled (10 to 12-inch , diameter) and an air lift test is conducted by the consultant in order to get an idea of how well the new ASR well will produce. If they find that the well will function as the preliminary geologic analysis predicted, then the second step is for the driller to ream the well out to the ultimate 24-inch diameter. A 20-inch diameter casing is then set to enable the well to be used as a production well. i Likewise, test well COT-3T could be handled in a similar way. The test well is to be drilled to 12 inches in diameter, after which an air lift test will be conducted. At that point, the City would have two options: 1) by i law they must at least set a casing for the top 20 feet, or 2) if an air lift test confirms a productive well, the City could opt to ream out an upper section of the well and set a 20-inch casing. The advantage to the second option is that the City can later come back and convert the test well to a production well without drilling a separate well. If the City simply sets a casing for the 12-inch hole, then they would not be able to expand that well, but would have to drill a separate 24-inch diameter production well later. When making budget projections for Fiscal Year 03/04, the City had only anticipated drilling a 12-inch test well for COT-3T. However, even with the higher cost up front for COT-3T, there is sufficient appropriations in the Water CIP Fund to cover that work in FY 03/04. Additional funding is needed in FY 04105 to complete COT-3T, but the City will save money by having the ability to expand that well into a production well (COT-3R, also projected to be built in FY 04/05). The project was advertised for bids on December 16, 2003. A mandatory pre-bid meeting was held on December 30, 2003, and pre-qualification certifications were due that same day. Two bidders were pre- qualified. The bid opening was conducted on January 12, 2004, and the bid results are as follows: Engineer's Est. Geo-Tech Explorations Schneider Schedule A and B Total $541,428 $646,830 $889,130 Additive Alternate No. 1 $60,600 $30,805 $43,935 Additive Alternate No. 2 $58,500 $73,500 $103,200 Additive Alternate No. 3 $24,000 $55,478 $4,700 Additive Alternate No. 4 $22,500 $31,500 $59,100 Additive Alternate No. 5 $38,400 $35,200 $47,040 Additive Alternate No. 6 N/A* ($40,352) ($35,135) Additive Alternate No. 7 N/A* ($18,316) ($17,860) *NOTE: Additive Alternates 6 and 7 were added just prior to the bid date, and were not included in the advertised Engineer's Estimate. After reviewing the bids, as compared to the Engineer's Estimate, it appears the City underestimated the effort the contractor will need to expend with regard to mobilization, water management, and the unit price for the casing. The water management line item is to cover storage and conveyance of water that is either used in the drilling process or discharged groundwater from the well hole as the drilling is taking place. Typically the drilling contractor will use a settling pond or tank to temporarily store the water to allow the sediment to settle out before discharging into the storm system. GSI also recommended that the City bid the project specifying a high strength, low alloy (HSLA) casing for each well. The HSLA casing is believed to have a corrosion resistance four times that of the typical low carbon steel casings. After the project was advertised for bid, the City's consultant found that the cost for the HSLA would be higher than expected ($80/LF as opposed to $60/LF in the Engineer's Estimate). In addition, GSI found that the suppliers could not provide the material in the 20-inch outside diameter dimension required by the bid document. To resolve this issue, several additive alternates were included in the bid proposal to provide various options for the City. Additive Alternates #6 and #7 substitute low carbon steel casings instead of the HSLA. Using the low carbon steel casings would reduce the overall contract amount by $58,668.00, bringing the final contract amount down to $588,161.50. Staff recommends the Council award the contract for COT-2R and COT-3T to Geo-Tech Explorations, Inc. PAGE 2 ,ACTIA- C4'St- ` 2 MEMORANDUM CITY OF TIGARD, OREGON DATE: January 13, 2004 TO: Ed Wegner, Public Works Director g~ FROM: Brian Rager, Public Works Engineering Manager ~t--~ RE: Bid Award for ASR Production Well COT-2R and Test Well COT-3T This memorandum is to brief you on the funding issue for the ASR projects. For Fiscal Year 03/04, we had budgeted $670,000 to cover ASR projects in general. Of that amount, we have encumbered roughly $342,000, which includes the remainder of our 2003 contract with GSI for operational support and the newest contract with GSI/MSA for design and construction services for COT-2R and COT-3T, as well as operational support for 2004. Based upon the bids we received for the well drilling, it appears we will need to spend approximately $770,000 in FY 03/04 (includes both GSI contracts and the pending well drilling contract). The well head improvements for COT-2R will be let under a separate contract and will be constructed during FY 04/05. Therefore, we need to spend an additional $100,000 in FY 03/04. I spoke with Tom Imdieke in Finance today and he indicated that there is roughly $3.5 million in the Water CIP Fund that has not yet been encumbered. Most of those unencumbered funds are due to the fact that our 550-foot zone improvements have been delayed, and will at least be pushed off for the most part to FY 04/05. Tom indicated that we can utilize those unencumbered appropriations to cover the additional $100,000 in our ASR projects. Therefore, it is my recommendation that we push ahead with the ASR well drilling contract and notify Bill and the Council that there is sufficient appropriations to cover the contract. The Staff report for this item, to be submitted for the January 27, 2004 Council meeting will provide that i notification. i Please let me know if you have any questions. +vh%Y GEOGRApNIG INf QRMASI~N SYSTEM GpT-2R Mt DUCH. CT S ,j m <v z MILD o o 1-10 ca'~10n ° co GT OT _2R r F- -r; : W -rff " LU 16 Q c,?wg-Il'-~ • X7;4 i lE W J; T~ µaP W INTERV 1 ~ IEW ,oo ~ 300 F,.1 0 $1N 9 ps 30D leak 140 t~NW OOD OR ~Q,n City of'Cigacd UMti! C~`" ata00R°r°'tx~~~sorikl°"' atioR tMsmsP Serv cr rFh, ~R 1 V8fA08W, HeESP T(ga. d, 223 nUPlt+r+f".d.>~•~GIC03•~R plot date: Jan S, 20~' C'g R MATRON SYSTEM Syy EAGLES VIEW LN FOR GEOGRAPN!O ~N t!` 4 VICINITY MAP CT COT-3T E m m ST WOODHUE ST (AYNSLEY a 1 Q 'lro ~ 9L Location o y~N F coT-3T SW ROSARIO LN v ;r Tigard Nee Map 4 tH N 400 Epp Feet ~ 0 TR O t•= 400 feet NCR EF 6~ t k. lntortnalion on this map is tar 9eneal lomUon only and df.d,,Ah the W Hsu Se ^s MASS+'• should be 13,25 TIP OR 97223 (503)6394171 t t>p Itw',,w.CmPrd.a.us Plot date: Jan 8, 2004; C:~a91otC'fC03.APR ..,_....t,.F,ment AGENDA ITEM # 5- -I FOR AGENDA OF January 27, 20904 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the Status of the 2003 Council Goals and a Report on the Januarx 12, 2004, Council Goal-Setting Meeting PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Mayor Dirksen will review the progress on the 2003 Council Goals and report on the January 12, 2004, Council goal-setting meeting. STAFF RECOMMENDATION Information item. INFORMATION SUMMARY Mayor Craig Dirksen wili review the progress on the 2003 Council goals and summarize the Council direction for the 2004 goals determined by Council at its January 12, 2004, goal-setting meeting. OTHER ALTERNATIVES CONSIDERED Report only. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life - Report fulfills that section of the strategy to communicate to citizens about all aspects of the City's business. ATTACHMENT LIST 1. Fourth Quarter Update - 2003 Tigard City Council Goals FISCAL NOTES N/A Pi:tadmlpaaet WW4012-, m na goat updalmdx 2003 A4. Tigard City Council Goals - Fourth Quarter Update GOAL 1- FINANCIAL STRATEGY GOAL 2-TIGARD CENTRAL BUSINESS DISTRICT GOAL 3- TRANSPORTATION GOAL 4-PARKS AND RECREATION GOAL 5 - WATER GOAL 6-GROWTH MANAGEMENT GOAL 7-COMMUNICATION r ® 2003 Tigard City Council Goals -Fourth Quarter Update 2 GOAL 1: FINANCIAL STRATEGY A. Develop a sustainable long-term financial plan or strategy for issues such as: 1. General Fund needs 2. Library 3. Transportation 4. Parks and open space 5. Washington Square Regional Center 6. Central Business District 7. Water System B. Explore the creation of an economic development program. Fourth Quarter Update Prepared by: Craig Prosser, Finance Director Implementation of the Right-of-Way Study is continuing. Adjustments to Engineering fees based upon staff review were approved on October 28, 2003. A job description for a Right-of-Way Program Coordinator has been developed and approved by Human Resources. Budget Amendment #16 to create this position and adjust appropriations has been submitted for Council consideration on January 13, 2004. Community Development is still in the process of further evaluating adding a long range planning component to planning permit fees. The Finance Department has completed the initial update of the City's Five Year Financial Forecast and presented the initial results to the Budget Committee on December 16, 2003. This forecast will be continually updated as staff prepares the FY 2004-05 Budget. The Finance Department is continuing to assist Public Works in the development of a water rate model that can be used in projecting future rate adjustments that might be needed depending on the future capital improvement program for water. ,~1 A 2008 Tigard City Council Goals - Fourth Quarter Update 3 GOAL 1- FINANCIAL STRATEGY (continued) Third Ouartei, Update r 7s, ttw re, h~5 .a~ i a'4eye F.-'}L.E.Sr Freparedf liy Tommd~ekei B>~c~get andr Financial Operations anage a,.f4 aster'. s } Irinptem....... sqn o€ .t ie Riglttxo ; ayySt ~i .i~-,Im erway..pp~ acllustments to EnglAieeririgfeesstased uto~itstafrviewnwi a y i e@ taa e-f Council*6ii'0ct6.ber2S,~ AJab descnptig v. . t < ti ~Li M lS S~2 draftod;by HumanwResouxces~°' s ~ resl t~of}tie Cour . t ' F ti~ k 3`x ✓ 1C• '~-h ^'s rF-l ~ u t f \4 ♦ { ~ ~ A _ 2 s. A'9 l gl'alulugfeesarebeingadused tp~ncooate~the cgstsassgct~"Y; Eiiglneering ald~ LJrbaiigrest~:> e~tiew pf perztit ap ]i"catiQn="` t i+ai ..F c t. i x - rl~•s 2 i the Council agenda for October8 Commuiuty Developmes a15oA F? i lon an e` ' 1 co ~4dx e" ^ocess-of fdAher evalu""fin' irig g d, k g g ag" ?t;a fees. The'City of:Tigard had louied the RegionalsEconomicnDevelopmeMa>wha.~ haye'already developed a work plan #or conducting econorruc kdeyreYoprn~ni' lanrungThe, Community. D~VejO g pm nt Department will be*the prime, kJ contact m tluspartnerslup, s y ...hr- t ' }arv .cx .j tr+ 11-214?ik ysl r Tit Tl a Finance Department IS i tlie,process Q "updating the~Ci' 's Ezv ;7 e'ar` ~l~1 a '.t r "?rax R _ ,°r.Yy.i ,~M'Y'Yy^g.. t+n ~MrJrj..'!t hu kxr ~'-.c~~~9lyy.,4;ia~7a~51j::~ Financial Forecast Staff trairun& I occur at the U% g'o ®ctxubEr ith ark. f k f'Ii 'l,rt 7 ji Y 4P[''F 'G dfaft'forecast bein re aced b The Finance Department Is parti cipating - Public Works'u the~d'eve opment of. a water rate model that can be,used:i rt ro ectink future rate ad ust>tsv at might be needed dependuig on t_kie future cap italriinrovem tempi o`gaxrt~ water Second Quarter Update Prepared by: Tom Imdieke, Budget and Financial Operations Manager The Strategic Finance Plan report was adopted on April 8, 2003. Since that time, the Council approved a resolution updating the Citywide Master Fees and Charges Schedule on June 24, a Right-of-Way Study was completed and presented to Council on July 15, and a strategy for adjusting planning fees was w discussed with Council at the July 15 workshop meeting. ® 2003 Tigard City Council Goals -Fourth Quarter Update 5 GOAL 2: TIGARD CENTRAL BUSINESS DISTRICT A. Create a common vision for the Central Business District and build the energy to implement that vision through the Downtown Task Force. B. Support the activities of the Downtown Task Force as they provide input to the design of the Tigard commuter rail station and the zoning and development plan standards for the Central Business District. Fourth Quarter Update Prepared by: Jim Hendryx, Community Development Director The Task Force met with Council on November 18th to discuss the progress and direction of the Downtown revitalization planning effort. In January, the Task Force will join the Council in an urban renewal work session to learn more about funding mechanisms for Downtown improvements. The City's Transportation Growth Management (TGM) grant scope of work is being finalized, and work will begin next year, late spring. t'b ~5t -g' •In- SxY 1„ k Pregared~by. al~tetdry~c,nCoinmUnltyDe~elopme44D sec~~,~< ; { i,'"},•~, t 2 S-'~ a 'S'7('~ n t . a .,.r .'~'i'~'i.+''~r F.o , d`am`: r~.: t ry f l L :Y rv!l : S t i C Mv~! v 't Z.n'n- r r.'fa,. The Task`Force continues their work on the Downtown assessmentrreBo assessment zegort is the first step toward crewing a`redevelopment pY~an - Downtown ;The State,approved Tigard s Tiansportatioit Growth Mana e~me? (TGM}'application 'The scope: of work fore grant wi1T have to be'finahzeck~ y, and consultants selected , •.1h Second Quarter Update Prepared by: Jim Hendryx, Community Development Director In May, Tigard submitted to the State a TGM (Transportation and Growth r Management) application for a downtown redevelopment plan. The Downtown Task Force continues to meet monthly and work on a "Downtown Assessment Report." 0 U First Quarter Update a Prepared by: Jim Hendryx, Community Development Director Members of the Downtown Task Force met with Council on March 25th and submitted their recommendation for design elements for the Downtown Tigard Commuter Rail Station. Council approved the recommendation. ® 2008 Tigard City Council Goals -Fourth Quarter Update fi GOAL 3: TRANSPORTATION A. Aggressively pursue solutions to congestion of state, county and city facilities that cross through Tigard. 1. Reforming the Transportation Financing Task Force. 2. Identify project priorities and funding needs for state and city facilities. B. Continue working with Tri-Met to identify and fund additional intra- city bus routes. C. Right-of-way management. Fourth Quarter Update Prepared by: Gus Duenas, City Engineer and Jim Hendryx, Community Development Director Goal 3A (Engineering) The utility companies continued their work on the Gaarde Street Improvements Phase 2 project. PGE and Verizon have basically completed their undergrounding work along the project. Comcast is the lone remaining utility still on the existing poles. After Comcast has completed their undergrounding work, the poles will be removed. The contractor continues to work on completing all the retaining walls and is preparing to install curbs along the south side of Gaarde Street. The contractor will continue to perform maintenance work as needed through the winter and plans to resume the work in April. At that time, the road will again be closed while the sanitary sewer, underground storm drainage and roadwork are performed in earnest. The project is still scheduled for completion in late fall 2004. Completion of the Gaarde Street construction should provide an improved east-west connector from Highway 99W to Barrows Road. The land acquisition activities for the Walnut Street (Tiedeman Avenue to 121St Avenue) and 121s' Avenue (Gaarde Street to Walnut Street) projects are ongoing and will continue through the remainder of this fiscal year. Completion of the project designs on the two street projects ensures that these two projects would be ready for construction should funding opportunities arise. The Hall Boulevard Improvements along the new Library and Fanno Pointe frontages continues to make progress. The sidewalk and curb have been installed, but the roadwork cannot continue until the utility companies have removed all the lines from the power poles so that the poles can be removed. The widening of the street is next after completion of all the underground work. The improvements to Wall Street are part of an approval process that requires submittals to the Division of State Lands and the Corps of Engineers. The ® 2003 Tigard City Council Goals - Fourth Quarter Update 7 GOAL 3-TRANSPORTATION (continued) documents to obtain permits for the Wall Street improvements have been prepared and are now being reviewed by City staff and the City Attorney's office prior to submittal. Washington County has selected a list of projects for MSTIP 3b, which is an interim step before the next full-scale MSTIP process. The County has circulated the list of proposed projects for comment. The amount available is slightly more than $60 million dollars, but $25 million of that has been committed to the Commuter Rail project. The Commuter Rail project is considered as the project for south County, which covers Tigard and Tualatin. The City submitted two projects for consideration: Greenburg Road construction (Washington Square Drive to Tiedeman Avenue) and Walnut Street construction (Tiedeman Avenue to 121s' Avenue). Neither project made the final list. In addition, we requested consideration of Bull Mountain Road widening to ultimate width as a project for either MSTIP 3b, or a future MSTIP 4. The response from the County is that it would not be possible to include that project in MSTIP 3b, but would be strongly considered for a future MSTIP. Goal 3AZ (Engineering) - At its meeting on November 18, 2003, City Council passed Ordinance No. 03-10 establishing a Street Maintenance Fee for the City. The fee is based on an approach that links the rates to the City's long-term street maintenance program. It assigns responsibility for the arterials to the non- residential uses, splits the costs for collectors between residential and non- residential uses, and assigns responsibility for the neighborhood routes and local streets to the residents. The revenue from the fee will be used to address the City's $4 million dollar backlog in street maintenance. The resolution to set the rates will be submitted for Council consideration in February 2004, and actual implementation is expected in April 2004. The reconstitution of the Task Force will begin in January and February 2004 with the intention of selecting new members and beginning meetings by late February or March of 2004. The reconstituted Task Force will be exploring potential funding sources for major street improvements. Goal 3B (Engineering) - The Memorandum of Understanding (MOU) developed jointly with TriMet establishes a process through which TriMet improvements and City-funded projects to complement those improvements can be identified and incorporated in both TriMet's local area plan and the City's Capital Improvement Program. The MOU and the local area transit services plan were reviewed by 2008 AQ~ Tigard City Council Goats - Fourth Quarter Update g TriMet staff with Council at the October 21, 2003 workshop meeting. Council further discussed the MOU and the local area plan with the TriMet General s i i i 2003 Tigard City Council Goals - Fourth Quarter Update 9 GOAL 3-TRANSPORTATION (continued) Manager at the workshop meeting on November 25, 2003. Council approved the MOU at its meeting on December 16, 2003. (Community Development) - On December 16th, Council approved the City/TriMet Memorandum of Understanding (MOU) for improving local transit services. The MOU commits TriMet to address, with City guidance, fixed route transit and capital improvement needs. Tigard is the first local area selected by TriMet as a target for focused service and capital investments. Goal 3C (Engineering) - The City continues to move through the process of creating a Right-of-Way Program Coordinator position. City Council has placed a high priority on creation of this position to better manage activities within the City's right-of-way. The position study has been completed by Human Resources and the City Manager has approved the position and salary level for that position. The next steps are to request that City Council create the position and approve the budget to fund it for recruitment this fiscal year. The person that fills this position will take the lead in implementing some of the recommendations in the study. 'I 7 Third=GuartertiUpdate Prepared b~ GusrDuenas, City Engineer and,,j lHendryx, CommunYty~ Development° Director - } ' a ' Goal 3A (Engineering) _ The Gaarde Street Improvements Phase 2 proJeet istnovv winding down.for the winter. PGE has basically completed their undergrouriding work. al hi' ori roJect The other utih coin anies are'cu entI worlcm on their onions o g t P t3' P g Y g P the work .The retaining wall work is also ne ompletion The contractor will'tie~ and plans to resume the v¢ozk pe%fornning maixtenance work as needed through the MKI. r+ fi k a 5 e a z F° °4 r :1 rwrh t In Apnl^ At thaC.tinie, the road will again b closed while *e sanrtary sewer; und`etgratTnd' storm drainage and roa€iwork'are performed In earnest4fln project Is still scheduleditr completion in late fa112004 k~ ~x 'a r k~ x c s~ The land acquisition activities fo. the Walnut Street (Tledeman Averiue to 121 `Avenue)` and,121Avenue (Gaarde Street to Walnut Street probe tsiare ongoing and will continue Z -2. though the remainder of this.'fiscal year Completion of the' Gaarde Street cons tructic~rt should provide an improved.east west connector from`Highway 99W:to Barrows Road Completion of the project designs on the two`streetproJ~ecs ensures hat these two.ects are ready for construction should fundm opportunities arise The Hall Boulevard `Improvements along`theYnewr Library and Fanno Pointe frontages is well underway.:T he undergroundmg of utilities is nearing;- ,.:,,-completion, arid the installation of the under~iour d storm drainage 9 ystem is u ' ' ~ 2003 Tigard City Council Goals - Fourth Quarter Update 10 GOAL 3-TRANSPORTATION (continued) r progress. The widening of tjW6 is next after completion of~allXthe r r rt,,.L t a.i s.. y s tr"s-drTM x-u . -rr `•+'r v F 'r underground: work 'The improv- ments ' Wall Stree {ar~e part o£~anrapproval v~ ~f?.a1's~yi Jj i~9~ {yeArq~'..)t ^ 4;»,.c• t,,,~ i>•4s y!#,vf ,y! k sb"'}2?r kMe process: that requires submittals to the;Division of Stat0Fe"L" ds and the Co> pso ar!.,y.~e f t7_ '-ihwk^-H>~K~'E i°nxa~,C~~'1} 4r- I Y fC Engineers., The documentstto obtain permis for e,Wald#Str~eet~improve}xt`ent are now being prepared and wiil`be submitted YviTi a m~oritl;°F,~ Washington Comity has decided to proceed with IvISTII 3bt wluchais aniteriv step. before the next'full scalo 1FI1p'process TLhey ao~ect selecCion }s iyfiie; #I~aiac: stages The amount available i5 slihtly more thari~a million,dollars; but g ::,i n r n t g r pre 37r" r ,ton y y;" „a m .E~ r`x-e v' g s 'YF r rv3 mt '"4!' s~ 6:1t million "of that has been committed to the Con-unu r ail protect The4Cc {inm er=: ~ytVP ' ts5 sp Rail project is considered as the prOlect for south}Cgil~iity, whiccovers Ti ard' and•Tualatiri.-The amount-available' (;after deductu g''the Commuytex°'Tlail for allocation throughout the County is approximateV $38,inillion Alth~czugh 1t seems unlikely that Tigaxd and Tualatin will have~ary"other pr`olects appromedh for,MST1P 3b, _we did submit tw?o ~rolects f%.,consideration ; reenbuFg ~Zo construction (Washington Square Drive to Tiedeman Avenue); andWalA' Sifr et construction (Tiedeman Avenue to 121St Avenue)' Greenberg Road is in the initial design stages for wiCdeillIlg from 3 to ailanea1riu=Streetdesign h'as been completed and=partial ngl}ts o~vt~ay., acqui itio ktQfacco~p9~podatetth ` 7 agl r a J'"'- 3 ,E a.nr.?w..~ri y, s k "F1, i ySi'I C .K ?M .y t4 1!4TH'w_ deiung is currently underway~ryri„' SSx ~~t '~Q M r 4 `c 1 IW ~S w M^Goal 3A1 (Enguteering) At its meeting on'Augus12~2a03, City Council t „ .a ~ . directed the preparation of an ordinance to establishYa $frefeE IVYlaintenancye"Fgy~ee and a resolution to,establish the rates _The fee,jas originally pXoposRd 15 R z Transportation Financing Strategies Task Force; vas based ontrip gerieration,t rates for various land use categories The scopeencoxn ss d~~ur m'amtenancei ~ sA~'se`^~+ 1~ F ~ f~4 fl'FN` K+`• y~ z~+SP `i•"' 3 ; 7~,~ 1 elements (street maigtenaote, rights of way maintenan eAwsriy c eWME maintenance; . w. aw+p,Ly. ; 3 ticy~~'1c~'+'d'FF•t~,'xiSticrrt# s'W,tQ~n and street light and traffic signafmamtenance)'.jU l t egon Grocery Asoeiahon3 OCA ro osed ternahVe-af roac aj u' ne ZK 2003 eetin w ~e S-1 A 1, Task'Porce that addressed the sirept maintenanceeelnier►t oiilyA4moed At } s N... ti `^s 1+,~-r'''r.a rr-y i e k ~k ..r'•'~ '+y version of thz OGA proposal was approved bytthe-Task,YForcei ox July 21 20Q ,ry and submitted for Councilapproval at the August 12,Council meeting rid ` ..j, y s nKwTn ct 8 sr. ;r T~{~bhti.. The fee. will be based on an approachthat links thegrates to~theR y'S longterm street maintenancerprogram It assigns responsib~,,, 'ifor the arterials=to the Ynon ~'S .rte- r, +t. ',i ~j J i i rk+,7 Nw . residential uses, splits the;coSts for collectors,, etwii residential,and~non, c t r Ss _e,ars y3 ASS residential uses, and assigns responsibty for the. n" " ` hborhood routes anc11oca1: e i Fj6R'<}. I+~'~-i75:reZr X~ f +iV.35f: streets to the residents' h Sl C. ® 2008 Tigard City Council Goals -Fourth Quarter Update 11 GOAL 3 TRANSPORTATION (continued) > ~ t i h. i t~+ s ~1w~7. Y' t R NF+ r .r> r+`.. ~ y, i y a. 5 . • j R ri f 1~ 4 f . i ~ ~~La~ _f~_f~~.}~.1L ti"t ~ 4 5't-( "`S},~?~'3"V~ + r r > t r [ ,-L.2f 'fa. ~t~1T4 .3r. ad s The reconstitution«o# the Task porce will begul=Iater~tlus yea>i ~-iIth the irt~e~'n~tiron4 ' ~ r +r: +(f i+w ' (,i+ Y M .F~4 ~'„»v C x SJ~i`Fa ate" of'selecting new memers and begmrung meetin;U,Febru ; o~IVar }o~ 4 • tw i 1 , t s„ G4 Ns^ Y .tt Y yr iv a r s.~ 2q The reconstittiM sk roxee,will~be~exp~loi n"gp"`oy ntial d n s 015 o malr stree# impiovements~ 4 i + r t+". ~ , Ja 'F a~ ~1 Mb, ~'~38•_~+'w-~.d. « ~ r~~~x. ~X'~w:9.y.~~ 'do rmee g Goal~3~ (CommuiutpKD`e,Yelpirient) Council+o Q ate,' L 2r c. i r# r rr ~u~ M aL h w " dealing with the Tri'lk~etCitMemora>Zdui oi`Ut ~ers ark ~ 2.r a s V « ~ a. s .ri , ~ M "k'!42 ~ .«!>~yCi L s..~r. ~ IIt'•F ~'~.f.~S 1 Loea Area Plan aresset for,October 21st o.c 4.Q) re e e Ift, and Plan: focusrort Tnp MethCity cooperanQr brand calihabora p o e ; . i s sr a'h t ~F :r+ w c'dF., fsu a1 n' + lY a,NS l ptu pose.. of Lm rovui transit service and meetin transI ge A. c gita~ r p ¢vement needs, duel} as si"dewalk gaps a>~d; ipt~~silte> SM,` r w J~ ''•ir r. 1 5 .r4[pgy,OWN? '~yr.«n'1 xartTn < ~r,ayv"~i'a L r ra s_r < ~i t'rr <~,«SW~4~`~, 7u '??Yf aC'xvtb5 ~ ara G04'.30 (Engineering) Because of the interest tyliatvTi ardihas siowrt~t~. } 5{ i? 1Y ~)F S,p~r (A4 tyY§A.".}^1ae, a eiliancing transitopjortunittes~iithe City; I#riMethasrsirtclu~dega>~elwasaid~ t L t < ~tYt ~`i a~ZarYav~%Ca+f,, p7L f#v4'-~ti'-,~ ~•l~-F`, poixit! in their Transit Investment Plan The Engmeei iilg Departixientahas,een anc~ipating ui meetin s with Tn'ML and~the,0.Com~turut Develo P r L r cs a [4 Department to developn a Memorandum of Under taiidirt withnM'eftitlt ; ti ~k d . ,r tcn ~ r Y. r ,~a e P'~ C .b.~`~a~. Yi;~A{Jhd"e.rt1 identifies the. improvem nts that'IFriMt c' i - a~ u cludpr ~thei plan an~ proles Gnat .J ..K r~s o.. : t o t-'{f ~ i N'A'kF 1 'S • t G4r i 9ZN~~wh~~'iG'*y~'~"'ax%q,+~~ ~ ~.te~:- 3 cartbe incort~orated the City`s ~ap~ta Urn 1:oveme o e e< y?,r + a r«r~ am k-'y`"S +s s with~T et are cvntiFtuinJg ' The LVi`emorandungy~r er tandin 66 1 r+~is.I t 1 t~}'~15~ ,,,~r}s sl7'• C N..:_ Pf~dS*4.f>i ~,t~7a .J•i. '~r~. ~her~k~i Al n with Council at thT gctobe 21y~2u3,worl6cs Mrnee ing s ~ Y h , i qt Goa13C (Engineering)' The City xs m the process o creatmgra Ttights;ofx d"r v ~r 1 'W'R-'sM";a4^+. ?s76- °t- y/~zs'•'-k3 r f. Manager position as ~iecommended by the nglit of v~ra ~man~agement std~~'~. erson that fills this } osihon will'take the lea4d~in iIr! leirte~tmg some o ~the~~.~- 'r . Second Quarter Update Prepared by: Gus Duenas, City Engineer Jim Hendryx, Community Development Director Goal 3A Aggressively pursue solutions to congestion of state, county and city facilities that crass through Tigard The Gaarde Street Improvements Phase 2 construction project is continuing and is still on track for completion in the fall of 2004. The road closure for this year was extended an additional month to allow the contractor to complete the retaining wall and culvert work. Midway through the original 3-month closure 2003 Tigard City Council Goals - Fourth Quarter Update 12 GOAL 3-TRANSPORTATION (continued) (for the convenience of the public), the road was opened to through traffic after work hours and on weekends. The engineering designs for Walnut Street (Tiedeman Avenue to 121st Avenue) and 121st Avenue (Gaarde Street to Walnut Street) are substantially completed. Partial rights-of-way acquisition for each project has started and will be ongoing during this fiscal year. Completion of the Gaarde Street construction should provide an improved east-west connector from Highway 99W to Barrows Road. Completion of the project designs on the two street projects ensures that these two projects are ready for construction should funding opportunities arise. The Hall Boulevard Improvements along the new Library and Fanno Pointe frontages will be constructed this summer by Eagle Elsner, the low bidder on the project. The improvements to Wall Street are not included and will be part of an approval process that requires submittals to the Division of State Lands and the Corps of Engineers. The City submitted three projects for funding consideration under the Metro Priorities 2004-07 solicitation process. The pedestrian trail through the greenbelt in the Washington Square Regional Center was the only Tigard project that made the final approved list. Goal 3A1- Reforming the Transportation Financing Task Force Council directed the Transportation Financing Strategies Task Force to meet with business representatives and attempt to reach a consensus on how a street maintenance fee could be implemented. The Task Force met on June 19, 2003 with business representatives and interested citizens. The Oregon Grocery Association representatives presented an alternative proposal that appears reasonable and workable. City staff is now reviewing the proposal and will present its findings at the next Task Force meeting on July 21, 2003. The reconstitution of the Task Force will be delayed until the Task Force completes this work and reports back to Council in August. Goal 3B - Continue working with Tri-Met to identify and fund additional intra-city bus routes Because of the interest that Tigard has shown in enhancing transit opportunities in the City, TriMet has. included Tigard as a focus point in their Transit Investment Plan. The Engineering Department has been participating in ' 2003 ~ Tigard City Council Goals - Fourth Quarter Update 13 GOAL 3-TRANSPORTATION (continued) meetings with TriMet and the Community Development Deparhnent to develop a Memorandum of Understanding with TriMet that identifies the improvements that TriMet can include in their plan and projects that can be incorporated in the City's Capital Improvement Program. City staff met with Tri-Met staff to discuss an overall scope of work for a memorandum of understanding with Tri-Met. The objective of the MOU is to implement the focus area of TriMet's Transit Investment Plan and coordinate capital and operating improvements in Tigard. Goal 3C - Right-of-way management The Engineering Department reviewed the draft right-of-way management study, which was undertaken to determine the true costs of managing the existing rights-of-way. Of special concern is the long-term damage done to the roadway structural section by utility cuts. The study has recently been finalized. The next step is for the City to determine how best to implement the re^ommendations of the study. First Quarter Update Prepared by: Gus Duenas, City Engineer Jim Hendryx, Community Development Director Goal 3A - Aggressively pursue solutions to congestion of state county and city facilities that cross through Tigard The Gaarde Street Improvements Phase 2 construction project is now underway and should be completed by fall of 2004. The engineering designs for 'Nalnut Street (Tiedeman Avenue to 121st Avenue) and 121St Avenue (Gaarde Street to Walnut Street) are nearing completion. Pargal rights-of-way acquisition for each project has started and will be ongoing during the next fiscal year. Completion of the Gaarde Street construction should provide an improved east-west connector from Highway 99W to Barrows Road. Completion of the project designs on the two street projects ensures that at least two projects are ready for construction should funding opportunities arise. 2003 Tigard City Council Goals - Fourth Quarter Update 14 GOAL 3-TRANSPORTATION (continued) The initial report on the Proposed Wall Street Local Improvement District (LID) was presented to City Council on March 11, 2003. Council gave direction to complete the Preliminary Engineer's Report and submit it to Council for review upon completion. The intersection of Hall Boulevard and Wall Street and approaches will be constructed as a City project with contributions from the New Library Project and the Fanno Pointe Subdivision to supplement TIF (Traffic Impact Fee) funds on the project. The Metro Priorities 200407 funding process has been soliciting projects from various jurisdictions. This is federal funding that is allocated to cities and counties through the Metropolitan Transportation Improvement Program (MTIP). The City submitted three projects for funding consideration. One of the submittals is for construction funding to widen Greenburg Road from Washington Square Drive to Tiedeman Avenue. That project has already been approved for preliminary engineering and rights-of-way acquisition. The other projects are a pedestrian trail through the greenbelt in the Washington Square Regional Center and pedestrian improvements in the Tigard Town Center in conjunction with the commuter rail project. All three projects are still under consideration for funding on the 150% list revealed by Metro in late March 2003. Goal 3A1- Reforming the Transportation Financing Task Force The Task Force will be reconstituted to drop some members and add new members to continue to explore alternative sources of funding for major street improvements. A suggestion has been made that members of the business community should be represented. The changes in the Task Force will be pursued in May and June of 2003. Goal 3B - Continue working with Tri-Met to identify and fund additional intra- city bus routes The Engineering Department :worked with the Community Development Department in providing information for preparation of the Transit Action Plan to establish intra-city transit service and to enhance service on existing routes. Council adopted local service transit plan in December 2002. In January 2003, plan was forwarded to Tri-Met board along with a letter from the Mayor. A meeting was held with Tri-Met on January 16, 2003, regarding their transit investment plan. ® 2003 Tigard City Council Goals - Fourth Quarter Update 15 GOAL 3-TRANSPORTATION (continued) Goal 3C - Right-of-way management The Engineering Department provided input into the right-of-way management study that is currently underway. The study is undertaken to determine the true costs of managing the existing rights-of-way. Of special concern is the long-term damage done to the roadway structural section by utility cuts. The results of the study should provide the basis for establishing appropriate fees for work performed within the rights-of-way. 2008 Ai;~ Tigard City Council Goals - Fourth Quarter Update 16 GOAL 4: PARKS ANY RECREATION A. Continue the efforts of the Youth Forum. B. Complete or update parks master plans for city facilities. C. Explore the creation of a Park and Recreation Advisory Board. Fourth Quarter Update Prepared by: Liz Newton, Assistant to the City Manager and Dan Plaza, Parks Manager Update by Ms. Newton: A. Continue the efforts of the Youth Forum The Youth Advisory Council members adopted their bylaws and elected officers in October. The domain name for the web page has been purchased - www.!yac.info. Victor Soares, the city's webmaster is working with a subcommittee of the Youth Advisory Council to design and construct the web page. The school district has donated the server space. Members of the Youth Advisory Council will participate in cable television training in late January or early February. The Youth Advisory Council members conducted a blanket drive between Thanksgiving and Christmas collecting over 350 blankets for area families in need. The Police Activities League (PAL) started an after school program at Twality and conducted four day long camps at the Tigard Middle Schools over the winter holiday break. PAL is working on raising funds through grants and donations to continue and expand the after school program through the school year. The City and Tigard-Tualatin School District were invited by Washington County to participate in a grant application for funds from the state to develop programs that focus on positive youih development. Three members of the Tigard Youth Advisory Council attend the Mayor's Youth Forum as liaisons. 2003 Ak~k Tigard City Council Goals - Fourth Quarter Update 17 GOAL 4-PARKS AND RECREATION (continued) Update by Mr. Plaza: B. Complete or update parks master plans for city facilities. Cook Park Phase II was a major development project funded by SDC Funds, State grant, donation, and a low-cost State loan. The entire project has been completed. The formal park dedication will take place during the Balloon Festival in June. A significant repair was made to the Fanno Creek Trail in Englewood Park. A 200-foot asphalt overlay was applied. This improvement was the No.1 priority repair in the City's pathway system. Woodard Park development projects included the installation of two playgrounds, portable toilet, and a picnic shelter that was partially funded by a grant. The Bonita Park development project is funded by Park SDC's, Gas Tax revenues, and a $265,000 federal grant. Major construction has been completed. All that remains is the installation of the portable toilets, landscaping, sealing of the basketball court, and installing two park signs. The children are able to play on the playground and basketball court. The flashing lighted crossing signal was activated on December 4. Two letters were distributed to the apartment dwellers notifying them of the park and the lighted crossing. The children were spoken to about how to use the crossing signal. The formal dedication of the park will take place next spring, hopefully in April or May. A $50,000 grant was received to acquire and develop additional Fanno Creek Trail property from Grant Street to Main Street. A piece of property still needs to be purchased. ' nce the property is purchased, the installation of the trail wiil begin. This project should be completed in FY 04/05. The Fanno Creek Park Extension Master Plan was adopted by Council on May i 27. A $50,000 grant was received to install an extension of the Fanno Creek Trail at Fanno Creek Park, from Hall Boulevard to the new library building. This project will be completed in FY 04/05. 2003 ® Tigard City Council Goals - Fourth Quarter Update lei GOAL 4-PARKS AND RECREATION (continued) The Summerlake off-leash area has been completed. A new shelter will be installed this winter. The Skate Park Task Force continues to raise funds for the construction of a skate park facility in Tigard. To date, the Task Force has raised approximately $3900. they have conducted a film premier, major car wash event, run event (pledges received) and they are involved in ongoing cookie sales. The Task Force has also produced a fundraising brochure. Completed by Mr. Plaza: C. The Council amended the Tigard Municipal Code, Section 2.12, to update the structure of the Park and Recreation Advisory Board. Appointment of Board members has been made. The Board has met four times and received presentations on the budget, Board goals and objectives, and Tigard's parks. Five board members attended a tour of six parks on September 27. The Board has finalized their goals and objective;. Soon they will begin looking at assessment surveys aimed at ascertaining citizen input on community interest in recreation programs and activities. They will also begin looking into intergovernmental agreements between cities and school districts as they pertain to joint use of facilities. ® 2003 Tigard City Council Goals - Fourth Quarter Update 19 GOAL 4-PARKS AND RECREATION (continued) Third,Quarten Update i Y 7, f if Laz Newton, Assistant to~the~CatX~ ar4ager and = 4t P`repa> e Dian P1aza:P„arCS`Manager Update.by Ms Newton fr A. Continue the efforts`of the Youth Fo ' ' The Youth Adyasory`Co 'Il met ovwer 411'etrEr?an~l dedeleda mss}oath Y 7. ....f t 7ktr s -F• t Jr ° 4 b 3 „K.., ° t. x`.2r: 1 1 2 5 vision for the Youth Advlsb Council aseon~the 4 send rmentassetsry Powe , contatrted an the Seaxch~Inshhates; 40 DetieT per ient Asset ~ I h`e~Y Adviso Council" B laws are arl Yp com fete and tliey~'are woiklrig on `he ._f . develop ent'of a webpage acid a cable television program Yl "j The Mayor haibbeh% expa ided to u elude representatives O€Me; Police Activities League: (PAL), the Middle Schools, area churches, aril yotitl^iY sports leagues:. z : F> . ~ r r 3 . ~ x... w,fzl '1!EkFw.,G r .-.,.t" ~S..Y. z U •t '~'c ~ ; " Y~ -~,t; ~ t PAL has made`ar angemerits with the schoolitd stnct~to~eXpand the ofEerssc off , 4 + 4 v su c it lea r P + probrarris at the Middle Schools rThe~ex anded~'p ogra tlI sc%eduied~to,b z X ' ~•'t'i..gf J E vt~ .J:"y t ~u .:r> r } ~..w%x a the week of October 10 q`~ z" r { y~ F . 1 J tffj~ Update by Mr Plaza- {`l , ,h The Mayor's.Youtn IT contutues to meetymonthly The group is.curre#t foeused,on forman a Youth¥Advisory Council Tfis Youth Council would=,ok with the :Youth Forum and other commuiuty ~members to.build':developmexita assets for eachcliila?n~Tlgard through programs and activities designed for>and b th k"sA; i1 f Y +y t y~ h J~~ e4 y.you. r ~7tiy! 7 't y~T~"r.t c ? s c a~ Applicatioru for t1ie.Ybuti un_ill_ ~dVi ory Coun^il~are being accepted April 1' n } a n. - j r .F4 tt from youth in grades 5,12 Home school groups, private schools, public sctool`s, and church youth groups have all been conta, tedforxr'epres'entatives rr .Z, L The Youth Forum salso~supporting'tlie effortSo f the'Skate I?arkTask Force ' ~ 2003 Tigard City Council Goals - Fourth Quarter Update 20 GOAL 4-PARKS AND RECREATION (continued) Update by Mr. PIaza ~ _ F . tt n t ~ 71 ~ '.~'3t5 'i4'~ 4 i ` L j .S ~ c GoA4B: Complet br u datelparks niasfier planslfoz~cit Facilities ~ Cook Park Phase II was=a ma~o l develoCniient ro efiidd- ~DFundsr~ Z~•'?~"'V . prp eeFiasbeenri Sate grant, donationtl and aalow~ cost Stae Ioan; the a compTeted Cookl?arkhas;UU'e> # 'sex n b s t s's osting hundred ohm , P6~ vNk+^'~b44fa 1r; me- picnic shelterlre'servattons, soc'ceand.Littl~YLe as,~ar~syeral;fvi3ti S* ! dl FF`+.R^ a 'yK1t•` SL YM " . lYi ;'r S, t!K`?"" `"S t ~ , 5 k A tournaments M4Wpeopl~,k►~avt ~visited~ther~u erfly and n a t~11 , allfof the vtors hav~Yi[~~75}~t¢}LiuNhi` 1y`° aaise fo a"dn~` The ne`.w ph;:'~ts S ,y° .tiR . ,,•r„. g;e" P , t •n 4W,~;;w„ t,~j;-~r ..r ~..,r;w a~`;. playground has been enthusia~shcally recelved~witl~any parents gat-Kw cluldren_to play Second Quarter Update Prepared by: Dan Plaza, Parks Manager Liz Newton, Assistant to the City Manager Goal 4A - Continue eff iris of the Youth Forum Applicants for the Youth Advisory Council were interviewed on May 13. Eighteen youths from grades 5-10 representing public, private and home schooling were invited to be members of the Youth Advisory Council. The Council will be based on the Search Institute's Developmental Assets with a focus on youth serving as resources in the community. The group is scheduled to meet six times over the summer to establish the structure for the Council and determine tools for communicating with peers. The Mayor's Youth Forum is looking to expand the membership to include ?representatives of youth sports leagues, middle schools, the business community and service organizations. Goal 4B - Complete or update parks master plans for City Facilities Woodard Park development projects include the installation of two playgrounds and a picnic shelter (partially funded by meant). The playgrounds have been installed and the picnic shelter will be installed by June 30th. The off-leash dog area at Summerlake Park has been opened and is receiving heavy use. 200 Tigard City Council Goals - Fourth Quarter Update 21 GOAL 4-PARKS AND RECREATION (continued) A $165,000 federal grant was received to complete Bonita Park. It will be completed this fall. Special features for this neighborhood park consist of an open space play area, bathrooms, picnic shelter, basketball courts, hard and soft paths, landscaping, and a playground. A $50,000 grant was received to acquire and develop additional Fanno Creek Park Trail property from Grant to Main Street. Fanno Creek Park Extension Master Plan was approved by the City Council on May 27th. The City received a $51,000 grant for the construction of the extension of Fanno Creek Trail. It is anticipated that this trail segment will be constructed next year. Goal 4C - Explore the creation of a Park and Recreation Advisory Board On April 22, 2003, Council adopted Ordinance No. 03-02 amending the Tigard Municipal Code regarding the Park and Recreation Advisory Board. First Quarter Update Prepared by: Dan Plaza, Parks Manager Liz Newton, Assistant to the City Manager Goal 4A - Continue the efforts of the Youth Forum The Mayor's Youth Forum continues to meet monthly. The group is currently focused on forming a Youth Advisory Council. This Youth Council would work with the Youth Forum and other community members to build developmental assets for each child in Tigard through programs and activities designed for and by youth. Applications for the Youth Advisory Council are being accepted until April 16 from youth in grades 5-12. Home school groups, private schools, public schools, and church youth groups have all been contacted for representatives. The Youth Forum is also supporting the efforts of the Skate Park Committee. Goal 4B - Complete or update parks master plans for city facilities Cook Park Phase II, a major development project partially funded by SDC Funds, a grant, and a low cost State loan has been completed. Cook Park Phase II consisted of the addition of a new picnic shelter, playground, two restroom facilities, concession facility, parks maintenance building, additional parking, landscaping and infrastructure. ® 2008 gard City Council Goals - Fourth Quarter Update 22 GOAL 4-PARKS AND RECREATION (continued) Woodard Park development projects include the installation of two playgrounds and a picnic shelter (partially funded by a grant). The playgrounds have been installed and the picnic shelter will be installed later this spring. Potso Dog Park was completed and opened to the public on June 20, 2002. Master Plans for Summerlake Park, Bonita Park and a Skate Park Design were approved by the City Council. An off-leash dog area at Summerlake Park is scheduled to be opened to the public this spring. A $165,000 federal grant was received to complete Bonita Park. It will be completed in late summer or early fall. Special features for this neighborhood park consist of an open space play area, bathrooms, picnic shelter, basketball courts, hard and soft paths, landscaping, and a plaiground. A $50,OCO grant was received to acquire and develop additional Fanno Creek Park Trail property from Grant Street to Main Street. Fanno Creek Park Extension Master Plan will be completed by June 30, 2003. Goal 4C - Explore the creation of a Park and Recreation Advisory Board The Council will consider amending the Tigard Municipal Code section 2.12 to update the structure of the Park and Recreation Advisory Board. Appointment of Board members should occur this year. ® 2003 23 Tigard City Council Goals -Fourth Qqaqer Update GOAL 5: WATER A. Continue to evaluate options for a long-term water supply. Fourth Quarter Update Prepared by: Dennis Koellermeier, Assistant Public Works Director Ed Wegner, Public Works Director Wholesale rate negotiations with Portland continue. Tigard is negotiating this model contract with a group of six other major wholesalers. Several major issues remain unresolved and we are meeting every two weeks on the issues. Our anticipated completed date is now being pushed out from this fall to early next year. Joint Water Commission membership is underway. Final action is scheduled for January 2004. Our membership will allow us to lease four million gallons of water per day from an existing partner. We will not obtain water rights with this limited membership and we will not pay a buy-in fee at this time. We continue to participate in capacity-iinproving projects such as the raw water pipeline and the Scoggins Dam raise feasibility study. Third- uarter Update Ereparedbyc, Dennis,Koellermeier,>~AssisEantPubhc.WorksDirectgr{ _ Ed.Wegner, Public ~Nor~kskDector 1, x j ; y y'r~*t Wholesale rate ne, ovations continue, ;Tigard is cg1l'ectlvely negoahatmgikTs IN mgdelcontract with a group ofsix~other malorwholesalers SAver ma_~s remainjunres'olved' anct. we are"rxteetxng evzry 1 o weeks on the issues 4r ft anhci afie com lepon date is now' being. pus ut~ from this fill tdFear Y4 F p ivulter JWC memBersYup still looks likely, azc~ will revolve around=an"irutiaT ckuan~h of:- 4 nullign gallor►s per day. We anheipate a formal action a the Oct Oex ity g to propose an agreement that wouldrbe brought back to thIkVB and` i meetin C Council'for discussion and ultimateaclophonY :,t .t.r_ A, ' ~ 2008 Tigard City Council Goals - Fourth Quarter Update 24 COAL 5-WATER (continued) Second Quarter Update Prepared by: Dennis Koellermeier, Assistant Public Works Director Ed Wegner, Public Works Director With the potential of ownership in the Bull Run system now being off the table, Tigard and the other 6 major wholesale customers have begun the process of wholesale water contract negotiations with the City of Portland. The negotiations are currently scheduled to be completed by this fall. Our efforts to become members of the joint Water Commission continue to be positive. The Commission has met and directed staff to prepare a proposal that would accomplish a membership for the City of Tigard that would provide 4 MGD when stored water is available. Currently staff is reviewing a proposal that would allow Tigard to avoid any up front buy in costs and shift those costs to a larger percentage of future capital improvements. We currently expect an agreement to be ready for the Council by this fall. Beaverton is moving ahead with their plans to fluoridate their water. The Intergovernmental Water Board has had two discussions on this issue and continues to monitor the situation. First Quarter Update Prepared by: Dennis Koellermeier, Assistan't Public Works Director Ed Wegner, Public Works Director Progress on this goal has been substantial this quarter, and we have both positive and negative news to report. In the case of Tigard's potential of obtaining an ownership position in the Bull Run system, the news is ownership options in the immediate future have been withdrawn by the City of Portland. Tigard, along with the other suburban wholesalers will now refocus efforts to negotiate mutually agreeable wholesale contracts with Portland. Tigard may have the opportunity to become a co-owner in future capital projects in the Bull Run system, but buy-in to the existing system has been removed from the discussion by Portland. The news is more promising in our discussions with the joint Water Commission. The Commission has directed their staff to negotiate with Tigard to become a member of the joint Water Commission. Our initial ownership position would be for approximately 4 million gallons per day. The timeline of the negotiations should allow the City of Tigard to know the cost and conditions of the offer during the 2nd quarter. ® 2008 Tigard City Council Goals - Fourth Quarter Update 25 GOAL 5-WATER (continued) We also now know that our potential decision to join the joint Water Commission may now become contingent on our willingness to accept fluoridated water. If the City of Beaverton moves ahead with fluoridation, the water we receive from the joint Water Commission will pass through the Beaverton system and be fluoridated. ® 2008 Tigard City Council Goals -Fourth Quarter Update 26 GOAL 6: GROWTH MANAGEMENT A. Continue to evaluate Tigard's role in the provision of urban services outside the city limits. Fourth Quarter Update Prepared by: Jim Hendryx, Community Development Director Council reviewed the Annexation Plan on December 2nd and 16th and decided to postpone making a decision on the Plan until summer/ fall of 2004. Third Ouarter.:Update ' Prepaied'by Jim Hendrix; Community Develo~in ]Tec or--- w Council adopted a resolution in September;2003~dire t~iiig~yreparation of~h dn~ Mountain Annexation Plan. Work sessions are sc~ectued on Ocfober' 7th an November 4th with a public hearing scheduled on Deehe ,bex~ 2jY2b03, pote tial~`jt ; leading to a March 2Q04 election ; 41_ A Commurucaho~t~f'Yan l~ias}been accept~ck yi Council outhnipg,v sous outreach efforts,jng usi g cof ~ to 'ksrv,~~thu'1J -~a - Mbuntain reslcient3#artd otlte stakeholclerg,tQ~3~A T- o"tlt e, Citype ziC cles~,~ ~i Commuuuty Connectorscable gresertatioxis~'(Ii'oet"on ~gad,ipress releases;, , i ti web` site, displays, gubhc liearirig notice as requed by lavw, traveluzg; dis la uiformatiori te-service'clulis; community;gro psand civic;group~ . + _ p y/ _ Second Quarter Update Prepared by: Jim Hendryx, Community Development Director Staff continues to work on several alternatives to address Urban Growth Expansion issues, including preparation of a concept plan and relationship to the overall Bull Mountain planning effort. On June 101h and 24th, staff discussed with Council the "Public Facilities and Services Assessment Report for the Bull Mountain Area." First Quarter Update Prepared by: Jim Hendryx, Community Development Director On March 18, staff met with Council to present several alternatives to address Urban Growth Expansion issues, including preparation of a concept plan and relationship to the overall Bull Mountain planning effort. In April, staff is scheduled to discuss UGB issues with Washington County. 2008 ® Tigard City Council Goals - Fourth Quarter Update 27 GOAL 7: COMMUNICATION A. Increase Tigard's communication with other elected bodies through active participation of City Council members and staff. B. Improve and expand communication with citizens, particularly communicating successes and future concerns. Third Quarter Update Prepared by: Liz Newton, Assistant to the City Manager Goal 7A - Increase Tigard's communication with other elected bodies through active participation of City Council members and staff. State Representative Max Williams and State Senator Ginny Burdick continued to attend city council meetings monthly to update council and the community on the legislature's activities. The city Council also met with the Intergovernmental Water Board, the Washington C6vn-Ly Board of Commissioners, and the Tualatin Tigard School District Board and Tualatin City Council members. Goal 7B - Improve and expand communication with citizens, particularly communicating successes and future concerns. The Focus on Tigard program featured information on the Bull Mountain annexation plan in October and November, and the Capital Improvement Program process in December. Emphasis is being placed on the development and implementation of cornmunication plans for all major projects and programs. Over the next several months, staff will do some initial research on the formation of neighborhoods, develop a proposal for Land Use 101 and pursue changes on the land use proposal neighborhood meeting format. Staff will report back to council in the spring. 2008 Tigard City Council Goals - Fourth Quarter Update 28 GOAL 7-COMMUNICATION (continued) THirdx~uarter Update >r s ,ham e " nJ s L 15 r'}S$~:rl` 3 ~iT.yvyl a .,d' '.~.vRri:'x~~"' u1'•~,~~i Shiv++et"~~ ~ Peprecf by T;iz'wton, Assistant to the ~ty5g`~nage>li~ s ~s .wr i "•"`y{ i t,,,. cP ~ r y..+"4~' GOAL, 7A , T ie,GWE usunt~contu~ues~~o see lex Q` ~ e~ i L ''t sT 4y ~Sr ice{' .u;,iitcn tc-*a sa` , o Representative IV~a~ jTll~ialazc{i,Sae Send ~rdjtC alto held wi v. e?, H -,E;c of btu e~i Fix o ~ ` axnxiigice~PzesySdent; Intergq1`"e#i '~1 ~.Yy ~ HM-YtrM iph~ Fl ,Bo'ardzo Commzsmopers, t~i'e`1~ CT~xn~I a t a e da, IidQnesia sr~~dY~' r. ,f der }~t f .-fir ti..+; ✓?S` .+'KK J3~~^'~t. v Iv: ?rx . 9 ~t st - i } i. c 4 ~ i. Cr 3 ~1 tr'k ~+'f~4in ~ ~ ~1 I•~f;,~"'>_"~Y, t`ir Y t`; •484 _ `i'.~ .~.s.L%u .a~kYif Pr 47,E vysi ti xTYb COAL. Improve and ex~ co eahor~ citlzensp~a ' iii f at 4.u,Jb{S+I` v, N r I -.12 Sy i 4 Pl..c communlcatug successes and futurCOcerns ' 't Yn t, q x Sa 8 4 -3 - Y 17 a; 1 +I'{ th !'Fl "sl F .3 9 1•~ •1C' '',X: x~ 5 ~t r E 4xrSY e and ty dFa>~monthl ~ Pra Focus-on Tlgard•conbnues ta~be~~produced3,ail s quarter included affordable housing, the housing code,"an~Irt-Kp.- ulp VA`v r` rJS ✓i J Y ( 4 anne~ahon plan outreach PrQB w Y ,~7>'p>r~;ri' z J; ,-'4-.5~ Therevlseu comniunuc,~tion pl~Nn ~wa ,aq~d is tr. -b l t cl # f r n a y4 } i o.l 47 a r a1~# dr ;LUTIx + ~r~ Tiezplan ulcludesi~updated utforrtatiozn a=use a o y a ay y~2tp 4u~~ ti, tNcw~<iyr!w e ' 'Z71 ~Ir clud~W1h6newqormat jo4 t; e y ~,Ll t ? t 3.s ~ Vi: ~4 RiiZ~u'~ ~ kdll~, 4~jr yk 3'^ ty7C,~:ya 1 ~Y s ter~an s sf¢•, 'Twg c ommuruty connectors,, ,ere add=r~d In Yte: M. ~ ~~4E considering mrticlpatlonyin the,prog aYrC{ I ~ P G 'atn r w ; s~everal~inqulxles about tle programcf`rom citle~ interested 'beco,4 y4COTtileCtOTS ~ " $F y~'y` ~ V r r l v~ d x try 3F Tt r r ' ~2i `a ~ d CO {YnI unit Ma s ~t v4-ry ek,1~~ J rBi °+~°y£s2 i s+S6~Ss•'~r 1 ased fro '~30 25 to°34 58~Fe' o #s to the city`s w1~bsite hainMAN, ~Yx-- r° Depar'xnents,contuiue to add;matures anc nnnnnnn~wrZfdriYlahart. nY: S%7 hf a+U< uJ4e.. ® 2008 Tigard City Council Goals -Fourth Quarter Update 29 GOAL 7-COMMUNICATION (continued) Second Quarter Update Prepared by: Liz Newton, Assistant to the City Manager GOAL 7A - Increase Tigard's communication with other elected bodies through active participation of City Council members and staff. The City Council continues to schedule monthly meetings with State Representative Max Williams and State Senator Ginny Burdick. They also held meetings with the Tigard High School Student Envoy, Tigard Area Chamber of Commerce President, Intergovernmental Water Board, Library Board, Municipal Court Judge, Metro Council President, and an Indonesian Delegation. GOAL 7B -Improve and expand communication with citizens, particularly communicating successes and future concerns. The new Focus on Tigard program continues to be produced and aired monthly. May's Focus was on volunteerism, June's program was a "walk through the parks." The focus in July was the land use planning process. A link to the Community Assessment Program (CAP) has been added to the website. Citizens can access a report to citizens for each area the CAP team has walked since the end of March. Visits to the web site have increased slightly since April from 30,006 to 30,825 per month. A new web site will be released in November with an improved design and features that will allow departments to update their own content. Four community connectors have been added since April with three additional citizens considering volu teering for that opportunity. The revised communication plan will be distributed by the end of July. The new version includes section on communication plans, the TVTV bulletin n board, and cable television programming. U j ® 2005 Tigard City Council Goals - Fourth Quarter Update 30 GOAL 7-COMMUNICATION (continued) First Quarter Update Prepared by: Liz Newton, Assistant to the City Manager Coal 7A - Increase Tigard's communication with other elected bodies through active participation of City Council members and staff The City Council has held regular meeting with the Tigard-Tualatin School District, TVF&R, and its State Representative and State Senator. In addition the Tigard High School Envoy attends the first council meeting of each month to present information about activities and programs at the high school. In July, the Council will also schedule meetings with Washington County, Clean Water Services, and PCC. Goal 7B - Improve and expand communication with citizens, particularly communicating successes and future concerns A new cable program began airing in Tigard in February. "Focus on Tigard" is designed as informational programming in current issues and is produced and airs monthly. The February Focus was on long-term water. In March, the Focus was on the commuter rail and downtown planning. April's Focus was on code enforcement and the new citation process. The taped-to-air format allows staff more flexibility in format and media. The City continues to add new features to the web page. In addition, over the last three months, all city departments have done extensive reviews of the information they post en the web to determine if more or different information should be included and to ensure information posted is current. Visits to the web site have increased since October from 27,210 to 30,703 per month. The department communicators are reviewing the City's communication plan i to update the guidelines for use of communication tools and emphasize the importance of communication plan for all proposed projects and programs. Communication plans allow staff to be proactive in getting out information by considering how, when and to whom. , l %Wm%c" wu<Knaoaievoo3lzaoa tqa a dly m-A ooei." updele.dw AGENDA ITEM # FOR AGENDA OF January 27, 20904 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Review and Approve Council Goals for 2004 PREPARED BY: Cathy Wheatle DEPT HEAD OK 1/f~Qk CITY MGR OK G r.~ ISSUE BEFORE THE COUNCIL Review and approve Council Goals for 2004 STAFF RECOMMENDATION Make and approve a motion adopting the Council Goals for 2004. INFORMATION SUMMARY Council met in a special goal-setting meeting on January 12 and agreed on the Council goals for 2004. Staff prepared a draft for Council comment. Council will now consider whether the attached draft goals reflect their final directier in setting Council goals for 2004. OTHER ALTERNATIVES CONSIDERED Amend or add to the goals. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST 1. Draft list of the 2004 Council Goals. F- ca L FISCAL NOTES N/A C9 W .B i:ladmlpadcal %%0401274eview and approve council goals for 2004.doc Council Goals for 2004 Goal 1 - Financials Strategy A. Develop and implement a sustainable long-term financial strategy for issues such as: a. General Fund needs b. Library c. Transportation d. Parks and open space e. Washington Square regional center f. Central Business District g. Water system h. Extension of urban services through anne tion Goal 2 - Tigard Central Business District A. Support the activities of the Downtown Tas Force as.' e i es a vision redevelopment. B. Select a consultant to carry out the Transpo tion Gr wth nagement (T M) grant to create a redevelopment plan based upon the recomme ations f Task Force 'nd Council. C. Choose a financing mechanism, such as tax inc ment financ' , for carryi out the redevelopment plan or vision. D. Broaden the Task Force to include citywide repres ntation. Goal 3 - Transportation A. Aggressively pursue solutions to congest" n of state, o nd city acilities at cross thr gh Tigard. a. Reforming the Transportation R ancing Task Forc b. Identify project priorities and fu ding ne ds r state nd ci facilitie . B. Continue working with Tri-Met t ca ut the II emo andum o Unde tandin and identify and fund additionai improvements th a en has' on " tra-city bus autes11\ C. Council II meet with OD rese tatat f vast on in 20 to di ~uss st a road facil' es in Tig and th relate undin needs nd pric tie . D. C uncil will continu iscu ion of he ransport tion Go I du 'ng the teg 'Planning meeting n transportation. Goal 4 Parks a Red ation A. et with t Park a Recrea ' n visory ommittee Discus the visi of the sk orce an the Cound 'to the City need for parks nd recr tion. b. cuss po ible ac isition n eds nd fina ing for the City of Tigard as well as uni orporat Bull M ntain. • c. Discu option nd inte est in cr ating park d recreation district. B. Continue to pa 'cipate in iscussions with he Ti r ualatin School District and neighboring cities to consider ~e schoo istr' is fundin needs. C. Meet with the Skate ark Co ittee and fo mulate a plan of action. i D. Continue to support th efforts of the Youth Forum. Goal 5 - Growth Management A. Continue Bull Mountain anne ation i 'rmation preparation leading to a July 2004 Council action on the Annexation Plan. B. Form subcommittees and review heir completed White Papers. C. Designate a subcommittee which will review the Planned Development section of the Community Development Code, led by the Planning Commission. D. Develop a framework/timetable for a Comprehensive Plan update. E. Negotiate with Washington County staff to determine who will prepare the plan and zoning for the UGB Areas 63 and 64, and identify the source of funding for the plan. Goal 6 - Communication A. Increase Tigard's communication with other local officials and elected bodies through active participation of City Council members and staff. B. Improve and expand communication with citizens, particularly communicating successes and future concerns. C. Support the Tigard Beyond Tomorrow goal to maximize citizen involvement opportunities through educational programs by implementing a citizen leadership series. D. Investigate the possibility of supporting the mission of the Tigard Youth Advisory Council "to empower, improve and connect the lives of Tigard's youth" by adding a youth representative to all City boards and committees. E. Investigate the possibility of supporting the Tigard Beyond Tomorrow strategy to "encourage public participation through accessibility and education with an annual citizens fair for community events and businesses." i1admtbMwundl goals for 2004 draft.doo r Goal Setting Review by Mayor Craig Dirksen January 27, 2004 Each year, the City Council meets in a special session to consider and create a list of goals for the coming year. Besides helping the council zero in on the issues we see as most pressing, this list also gives city staff a guide as to where they should concentrate their efforts for the next twelve months. The goals themselves may be longer term than just a year, or even be continuing goals that we strive to achieve every year. But even under such goals as these, each year there are different tasks we highlight that we'd like to see accomplished during the coming year. Every three months, we review these goals and evaluate the city's efforts, to see if what we've been doing is successfully targeting those focus areas, and to determine if we're heading the right direction toward the fulfillment of those goals. Tonight I'd like to take a few minutes and review our goals for 2003 and the progress we've made, and present to you our list of 2004 goals. Slide Goal number one for 2003 was in the area of Financial Strategy. Two tasks were identified as being the focus of the Financial Department. The first was "Develop a sustainable long- term financial plan or strategy for issues such as: 1. General Fund needs 2. Library 3. Transportation 4. Parks and Open Space 5. Washington Square Regional Center 6. Central Business District 7. Water System" Slide Why was this seen as our number one priority? On the screen is a graph showing the City of Tigard General Fund Balance for the last few years. The general fund balance is basically what we have left in the checking account at the end of each fiscal year. As you can see, it is declining, and potentially will be zero or below zero by the year 2007. What's causing this to happen? Because costs are rising faster than revenue. The city receives most of its revenue from property taxes. State law limits property tax increases to 3% annually. If the city's cost increases could be kept below 3%, this revenue increase would be adequate. The city does an excellent job of keeping costs down. I can say that without sounding immodest, because I have little to do with it other than, along with the rest of council, telling the City Manager, "Keep costs down". The business art the City is to provide our residents with services. Police, water, street maintenance, library, et cetera. The way we provide those services is with people. Almost 70% percent of the city's budget is personnel services: }he salaries, wades and benefits of the city employees who deliver the services the city provides. We've been holding the line on wages as much as our union contracts allow, and through attrition and a partial hiring freeze, we've actually reduced the city workforce by eight. But there are some things over which we have little or no control. I'm sure I don't have to tell you that the recent increases in insurance benefits know no boundaries. Over the last five years our insurance costs have risen an average of 18.5% per year. Additionally, our 44 sworn police officers are covered by the PERS program, the last year's guaranteed return of which was 19.3%. Despite these increases, the city's operating budget last year only increased .56%. That's less than one percent, due to tight budgeting, and cutting costs wherever we could. If it was just this one year, we could absorb it. But just like a family that can cut back and do without for a month or two if things are tight, it can't go on indefinitely. The kids are going to need new school clothes, or the car's going to break down, or something. And it's the same for the city. Just cutting the budget isn't going to solve the real problem. Well, what's that got to do with this council goal? This last year, in an effort to minimize the effect of these cost increases on our budget, the finance department was tasked with finding and evaluating every other revenue source we have to make sure it was being fully utilized. I attended a seminar two years ago entitled " Alternative revenue sources for cities". The first thing they taught us was to "make sure you're being paid everything you're already supposed to be paid". Toward that end, we've been reviewing our fee structure and making sure that whenever the fee can be connected to a user of a service that fee covers actual costs in order that those who demand a special service pay for it. This last year a major component was the implementation of a Right-of Way study, to review and audit the franchise fees that utilities like the gas company or the telephone company pay the city for using the public right of way. The benefits of this program can be substantial. In 2002, an audit of Portland General Electric's franchise fees discovered an unintentional underpayment of over $300,000. The search continues. The second task given to the finance department was to "Explore the creation of an economic development program". This program would be designed to review economic development in the city, and to identify and pursue opportunities. Analysis showed the lack of need for the city to create it's own program, and instead we chose to accept an offer for the city to join the Regional Economic Development Partners, an existing programwhose membership includes several other cities in the Portland Metropolitan Area, and who have already developed a work plan for conducting economic development planning. This will provide us with the expertise we need at a much lower cost. Slide For 2004, council has kept Financial Strategy, as it's number one goal, but made as it's one and only task to "Develop and implement a sustainable long-term financial strategy for issues such as: a. General Fund needs b. Library c. Transportation d. Parks and Open Space e. Washington Square regional center f. Central Business District g. Water System h. Expansn!on of urban services through annexation" This choice to retain this goal, but slightly alter this year's task is in recognition that, despite our efforts to find every existing revenue source and use it to the highest efficiency, it will not 9 be enough to prevent an eventual general fund decline. Our computer modeling indicates that, with no increase in city services, personnel services will continue to increase approximately 5'h% per year in the foreseeable future. In response to this, Finance staff has been tasked with researching and identifying a new, stable revenue source to support our i general fund. While we will continue to explore every available alternative, we will need to consider a Local Option Levy for up to five years to increase our tax rate to a sustainable level, possibly as early as 2005 or 2006. Before I continue, are there any comments from other Council members on this goal? Slide Tigard Central Business District was goal number two in 2003, and it continues to be in 2004. In 2002 the council created the Downtown Task Force, a citizen group comprised of citizens and members of the downtown business community. The task, for council and staff, was to "Create a common vision for the Central Business District and build the energy to implement that vision through the Downtown Task Force", and to "Support the activities of the Downtown Task Force as they provide input to the design of the Tigard commuter rail station and the zoning and development plan standards for the Central Business District". Slide (picture slide of commuter rail station) In 2003, the Task Force successfully completed its recommendations for the design elements for the downtown commuter rail station, and submitted them to Washington County, the governing agency for the commuter rail project. Our Task force was way ahead of the game as compared to any of the other cities the commuter rail will run through, and as a result the commuter rail agency has indicated they will most likely use these recommendations as a guide for all the stations. Additionally, the task force completed a downtown assessment report as a first step toward creating a redevelopment plan. Slide (slide looking down Main Street) Slide In 2004, the task list for the goal becomes more specific as we get closer to its completion: A. Support the activities of the Downtown Task Force as it defines a vision for redevelopment. B. Select a consultant to carry out the Transportation Growth Management (TGM) grant to create a redevelopment plan based upon the recommendations of the Task Force and Council. C. Choose a financing mechanism, such as tax increment financing, for carrying out the redevelopment plan or vision. D. Broaden the Task Forco to include citywide representation. This becomes even more important as we consider the different options for financing. Whatever source we choose, the burden will be born by all the residents of the city, so it is crucial we have a broad-based consensus. I want to take this opportunity to call on all residents who are interested in joining the group to contact the city and apply. ?ask Bill It also looks likely the task force and the council will be working in harmony with Beaverton and Washington County as they consider their own redevelopment district along the commuter rail line north of Tiigard's city limits. Any Council comments on this goal? Slide Goal number three for both 2003 and 2004 is Transportation,. In 2003 the tasks were: A. Aggressively pursue solutions to congestion of state, county and City facilities that cross through Tigard. 'I. Reforming the Transportation Financing Task Force. 2. Identify project priorities and funding needs for state and city facilities. B. Continue working with Tri-Met to identify and fund additional intra-city bus rouges. C. Right-of-way management. In response to task A, the city's focus has been to provide and improve alternative streets to its citizens to limit their dependence on overcrowded Federal or State-controlled routes such as Highway 99 or portions of Hall Blvd. Toward that end, our capital improvement dollars have been spent recently on improvements to locally controlled streets like Gaarde, Walnut, Bonita, and 72"d. The Transportation Financing Task Force was reconvened, and the citizen members recommended to council a street maintenance fee to provide stable funding for the appropriate maintenance of existing city streets, to enable the city to address the $4 million backlog identified by the engineering department's street maintenance program. Council approved the fee in November and collection will commence in April. (slide of bus) Task B has resulted in 2003, in a Memorandum of Understanding between TriMet and the city of Tigard, and the approval of a Local Area Plan. This begins a three-year partnership between Tigard and TriMet to address the improvement of local transit services. Tigard is the first local area selected by TriMet as a target for focused service and capital investments. We will work with Tri-Met to encourage it to deliver service that is responsive to the needs of our community - inter city service, not just transportation to Portland. Task C, the right of way management, may look familiar, as I've already mentioned it in conjunction with Finance Goal no. 1. It appears here because right of way management is also a transportation issue, as it affects city streets. Of special concern is the long-term damage done to the roadway structural section by utility cuts. The results of the Right-of- Way Management Study is intended to provide the basis for establishing appropriate fees for work performed within the rights-of-way. In 2004, the Transportation Goal's tasks also change to adjust to the current situation: Slide A. Aggressively pursue solutions to congestion of state, county and city facilities that cross through Tigard. a. Reforming the Transportation Financing Task Force. 1. Explore outside funding sources. Specifically, for street widening and improvements 2. To recommend to the City Council expansion of the task force functions % Possibly to include citizen review of the annual Capital Improvement program b. Identify project priorities and funding needs for state and city facilities. 1. Prioritize all project needs - city, county and state facilities in iY Tigard 2. For priority facilities which are controlled by another entity, a. Discuss the project with the entity which has jurisdiction over the facility; and b. Negotiate a funding solution which could include partial city funding; and c. Offer to improve a related city transportation problem in exchange for the other entity completing a needed transportation facility; and d. Offer to accept jurisdiction for the improved facility upon project completion. B. Continue working with Trl-Met to carry out the Memorandum of Understanding and identify and fund additional improvements with an emphasis on intra-city buss routes. C. Council shall meet with ODOT representatives at least once in 2004 to discuss state road facilities in Tigard and the related funding needs and priorities. Recent past experiences have led us to believe that face to face meetings with state representatives yield more productive results than formal written requests. Councilors, any comments to add on this goal? (slide) Council's Goal 4 in 2003 was Parks and Recreation. The tasks identified were: A. Continue the efforts of the Youth Forum. B. Complete or update parks master plans for city facilities. C. Explore the creation of a Parks and Recreation Advisory Board. The Youth Forum was created by Mayor Griffith at the beginning of his first term. It's purpose is to bring together all the different agencies and groups that provide services to the youth of our city, identify gaps in service and duplication of effort, and in general improve the quality of youth services in the community. The group continues to meet and has strong support from its members. Some of its accomplishments in 2003 include support of the Skate Park committee, the implementation and coordination of after school programs by the schools and the Police Activities League, and a direct hand in the creation of the Youth Advisory Council, an organization of young people who work with the city and the school district. Between Thanksgiving and Christmas the group collected over 400 blankets for area families in need. Slide The parks department has accomplished much more than its goal of completing or updating Slide the city's parks master plan. In addition, a whole new park, Bonita Park, has been created, approximately 10 acres have been added to Fanno Creek Park adjacent to Slide Bride the new library, another off-leash dog park has been created at Summerlake park, ' Slide and the Cook Park Phase 11 project has been completed. Also, improvements have been Slide made to the Fanno Creek Trail and Woodard Park. Slide (slide of Skate Park) The city is working in partnership with the Skate Park Task Force toward the creation of the Skate Park. It is expected that the park improvements will be funded through grants and private donations, but in 2003 city council approved providing a site on city property near the intersection of Hall Blvd. and Burnham St. All they need now is money. We're hoping everyone who has a heart for youth will step up and donate to this excellent cause. s In 2003 the city reformed the Parks and Recreation Advisory Board. It consists of citizens from the city and the surrounding area. The board has met several times and has finalized their goals and objectives. The intent is for this citizen's group to give the council recommendations about future park improvements and land acquisition. Slide This goal also remains for 2004. This year the tasks the council wants to accomplish are: A. Meet with the Park and Recreation Advisory Committee to: a. Discuss the vision of the Task Force and the Council related to the City need for parks and recreation. b. Discuss possible acquisition needs and financing for the City of Tigard as well as unincorporated Bull Mountain. c. Discuss options and interest in creating a park and recreation district. B. Continue to participate in discussions with the Tigard-Tualatin School District and neighboring cities to consider the school district's funding needs. C. Meet with the Skate Park Committee and formulate a plan of action. D. Continue to support the efforts of the Youth Forum. Does Council have any comments on this goal? Slide Goal 5 in 2003 was the issue of Water. The single task listed for 2003 was "to continue to evaluate options for a long-tern water supply". After long efforts and several abortive plans such as the proposed Bull Run water consortium, negotiations vAth the Joint Water Commission have led to an agreement with this partnership. Initially we will receive only a portion of our daily needs from the JWC, so we will continue our current arrangement with Portland as well, but long term there is excellent potential for all of our water to come from the JWC, with actual water rights if all goes well with their capacity-improvement projects. Once again I would like to commend councilor Brian Moore, as well as Ed Wegner, the city's public works director, for their hard work and outstanding effort to bring us to this point. With this Joint Water Commission membership in hand, the council feels this goal has been met, and Water has been removed from the list of goals for 2004. Slide Growth Management was goal number 6 in 2003. Council's focus for the year was to "Continue to evaluate Tigard's role in the provision of urban services outside the city limits. " We began by considering several different alternatives to address Urban !2 Groamth Boundary Expansion issues, including preparation of a concept plan and its relationship to the overall Bull Mountain planning effort. We focused mainly on Bull Mountain due to the intergovernmental agreement we have with Washington Country to provide urban services there. Council directed staff to prepare a "Public Facilities and Services Assessment Report for the Bull Mountain area" in June of 2003, and study of the 9 report led us to adopt a resolution in September to prepare the Bull Mountain u Annexation plan. (map slide) Our original timeline called for a March 2004 public vote on the plan, but subsequent public outreach led us to postpone the election to allow time for several city-county- resident sub-committees to consider issues relevant to the plan and prepare white papers for council consideration. The current timeline calls for a vote in the November General Election. Growth Management is Goal 5 in 2004. There are several tasks to be addressed and hopefully completed this year. They are: A. Continue Bull Mountain annexation information preparation leading to a July 2004 Council action on the Annexation Plan. B. Form subcommittees and review their completed White Papers. C. Designate a subcommittee, which will review the Planned Development section of the Community Development Code, led by the Planning Commission. This committee will consist of two members of the planning commission, a member from the building or engineering trade, a member with an environmental background, and an equal number of citizens from the community. Recently, the scarcity and cost of buildable land has led to development of increasingly difficult sites. Subsequent challenges to a number of proposed developments have led council to conclude a review of the Planed Development section of the Community Development Code, as well as some other aspects of the code is necessary. It is our hope that minor revisions can be made which will help ensure that future development is compatible with existing neighborhoods. D. Develop a framework and timetable for a Comprehensive Plan update. With the amount of time that has passed since the last thorough review of the Comprehensive Plan, and anticipating the need for revision due to development on Bull Mountain and the Urban Growth Boundary expansion areas, the time has come for a complete review. This will take some time to do right, and this coming year council would like to see at least the preparation phase to be completed. E. Negotiate with Washington County staff to determine who will prepare the plan and zoning for the UGB Areas 63 and 64, and identify the source of funding for the plan. (map slide) Areas 63 and 64 are those portions of Metro's additions to the urban growth boundary that neighbor the city's traditional area of interest. It is council's desire that the city of Tigard be the agency to prepare the required plans and zoning, because we anticipate they will eventually become our responsibility. Any council comments on this goal? 2003's Goal 7 was Communication, and it remains as Council's 2004 Goal 6. The Tasks were: Slide A. Increase Tigard's communication vnath other elected bodies through active participation of City Council members and staff. B. Improve and expand communication with citizens, particularly communicating successes and future concerns. Traditionally, in my opinion, the City of Tigard has not been overly involved in State or Regional matters unless specifically required to. Recent councils have concluded that this policy is not in the best interests of the city, and has made positive steps to correct that stance. Toward that end, the city has become more active in state and national organizations and programs that have potential advantages for the city. City Council has met regularly with our local State Representative Max Williams and Senator Ginny Burdick, as often as monthly during the legislative session. The city has become more active in the League of Oregon Cities and the National League of Cities, sending delegates to their annual conferences and participating in their efforts on behalf of cities. In the last two years the city has taken part in an Federally funded program in which American cities and counties partner with counterparts in the country of Indonesia, helping to guide them as they try to adopt more democratic principles and Slide policies since the removal of military dictator Suharto. The council has also continued to meet with the Intergovernmental Water Board, the Washington County Board of Commissioners, the Tigard-Tualatin School Board, the Tualatin City council, and quarterly meetings with our own Budget Committee and Planning Commission. In the area of communication with citizens, the Focus on Tigard cable TV program continued to air each month with different topics such as the Bull Mountain Annexation Plan and the Capital Improvement Program. Other communication tools included the Community Connectors, which is an email based group; the Cityscape, the city's monthly mailed newsletter; and the City of Tigard website, which is continually improved and updated. In 2004, the Communication goal kept its old tasks and added some new ones: Slide A. Increase Tigard's communication with other local officials and elected bodies through active participation of City Council members and staff. (slide of Council) B. Improve and expand communication with citizens, particularly communicating successes and future concerns. These two tasks stayed the same, and will continue to appear on the list of council goals forever, or at least into the foreseeable future. Communication between the city and its partners and citizens must always be an immediate goal. These next three are new: C. Support the Tigard Beyond Tomorrow goal to maximize citizen involvement opportunities through educational programs by implementing a citizen leadership series. In 2004 the city plans to implement at least the first in a series of "Citizen University" program. The first class to be offered is tentatively called, "Tigard Citizenship 101". Graduation from this class could iead to other classes like, "wand use 201" or "City Budget 301". It's my hope that these classes, in addition to making our citizens more knowledgeable in the workings of city government, will also encourage greater citizen involvement and inspire people to step up to be our next generation of civic leaders. D. Investigate the possibility of supporting the mission of the Tigard Youth Advisory Council "to empower, improve and connect the lives of Tigard's youth" by adding a youth representative to all City boards and committees. Too often the adolescent members of our community; our future voters and leaders; are disregarded and their contributions minimalized. Now that we have a Youth Advisory Council, I see this as an avenue for greater participation by the youth of our city in the workings of our local government. This year council will look into the idea of having the President of the Youth Advisory Council sit with the City Council as a non-voting member, and eventually having representatives from that council on city boards and committees. E. Investigate the possibility of supporting the Tigard Beyond Tomorrow strategy to "encourage public participation through accessibility and education with an annual citizens fair for community events and businesses. " Council is going to explore the idea of an annual citizens fair, perhaps in connection with some existing event, where city departments and programs can be exhibited and displayed, for greater understanding and better accessibility by residents. Councilors, anything you would like to add? That concludes my presentation of the results of council goals for 2003 and the new or updated goals for 2004. As long as this talk has seemed, I have only skimmed the surface of all that has happened in the city over the last 12 months, and given you only the barest bones of the city's plans for the coming year. If something I have said tonight has sparked an interest or if you have questions, or if you would like to know more about any city program or department, please contact us by any of the several ways at your disposal. The city's web site address is www.ci.tigard.or.us. The city's phone number is (503)639-4171. My email address is mayor .ci.ti4ard.or.us. (Slide of 2004 council goals) To recap, here are the proposed Council goals for 2004. Our next step is to formally adopt these goals. Council, are there any additions or revisions that you would like to make? Is there any further discussion? If not, I'd entertain a motion. a r a i i r 2003 Goal i - Financial Strategy Develop a sustainable long-tens financial plan or strategy for issues such as: Tigard City Council Goals o General fund needs O Library o Transportation o Parks and open space o Washington Square Regional Center o Central Business District o Watersystem General Fund Balance 2003 Goal I - Financial Strategy ti.~.. Explore the creation of an economic development program 2004 Goal I - Financial Strategy Dcvclop and implement a sustainable long-term 2003 Goal 2 - Tigard Central Business District financial strategy for issues such as: C3 Create a common vision for the Central Business C3 General fund needs District and build the energy to impiement that o Library vision through the Downtown Task Force. o Transportation U Support the activities of the Downtown Task ❑ Parks and open space Force as they provide input to the design of the o Washington Square Regional Center Tigard commuter rail station and the zoning and o Central Business District development plan standards for the Central Business District. o Water system o Expansion of urban services through annexation 1 owl Commuter Rail Station Main Street s ~ r~t.' 4Y V 41, A*A A Cs 2004 Goal 2 - Tigard Central Business District 2003 Goal 3 - Transportation ❑ Support the activities of the Downtown Task Force as it defines a vision for redevelopment. ❑ Aggressively pursue solutions to congestion of State, ❑ Select a consultant to carry out the Transportation County and City facilities that cross through Tigard. Growth Management (TGM) grant to create a - Reforming the Transportation Financing Task Force. redevelopment plan based upon the Identify project priorities and funding needs for State recommendations ofthe'rask Force and Council. and City facilities. ❑ Choose a financing mechanism, such as tax ❑ Continue working with TriMet to identify and fund increment financing, for carrying out the additional intra-City bus routes. redevelopment plan or vision. ❑ Right-of-way management. ❑ Broaden the Task Force to include citywide representation. L Transportation 2003 Goal 3 - Transportation ■ ❑ Aggressively pursue solutions to congestion of State, County and City facilities that cross through Tigard. Reforming the Transportation Financing Task Force. Identify project priorities and funding needs for State ! d and City facilities. C1 Continue working with TriMet to identify and fund additional intra-City bus routes. O Right-of-way management. I ~ I 2 2004 Goal 3 - Transportation 2004 Goal 3 - Transportation o Aggressively pursue solutions to congestion of State, o Aggressively pursue solutions to congestion of State, County and City facilities that cross through Tigard. County and City facilities that cross through Tigard. Reforming the Transportation Financing Task Force. Identify project priorities and funding needs for State Explore outside funding sources and City facilities. To recommend to the City Council expansion of Prioritize all project needs - City, County and the Task Force functions State facilities in Tigard 2004 Goal 3 - Transportation 2004 Goal 3 - Transportation 0 Aggressively pursue solutions to congestion of State, County and City facilities that cross through Tigard. O Continue working with TriMet to carry out the Identify project priorities and funding needs for State Memorandum of Understanding and identify and fund and City facilities. additional improvements with an emphasis on intra-city For priority facilities which are controlled by bus routes. another entity: Ch-the ptuj- with the entity chic. him;j, adictim-the f-Mr.. and - Neg.tiate a funding whim which could include panel City funding: and offer to improve a tef-.d City tr.napnt.tim pobl- in exchange rw the e•hv.,ity.-pleting• needed tranapp imf ility. and - offer to Rcpt juriadictim ror the improved rwilay upm pqm cwnpletim. 2004 Goal 3 - Transportation 2003 Goal 4 - Parks and Recreation ❑ Council shall meet with ODOT representatives at least 0 Continue the efforts of the Youth Forum. once in 2004 to discuss State road facilities in Tigard E3 Complete or update parks master plans for City and the related funding needs and priorities. facilities. o Explore the creation of a Parks and Recreation Advisory Board. 3 Bonita park Youth Activities k Cook Park N,w Library k~ -gyp Skatc park -+u rd park W ooda a to u 1 2004 Goal 4 - Parks and Recreation 2004 Goal 4 - Parks and Recreation ❑ Meet with the Park and Recreation Advisory ❑ Continue to participate in discussions with the Tigard- Committee to: Tualatin School District and neighboring cities to Discuss the vision of the Task Force and the Council consider the school district's funding needs. related to the City need for parks and recreation. ❑ Meet with the Skate Park Committee and formulate a - Discuss possible acquisition needs and financing for plan of action. the City of Tigard as well as unincorporated Bull o Continue to support the efforts of the Youth Forum. Mountain. Discuss options and interest in creating a park and recreation district. 2003 Goal 5 - Water 2003 Goal 6 - Growth Management o Continue to evaluate options for a long-term n Continue to evaluate Tigard's role in the provision of water supply. , urban services outside the City limits. is ~ tee:. - y j Bull Mountain Area 2004 Goal 5 - Growth Management ;~.y;` i,. : ~ ~N ❑ Continue Bull Mountain annexation information fi'r` rye~,. preparation leading to a July 2004 Council action on t xr o the Annexation Plan. f r 'gip 4 G ❑ Form subcommittees and review their completed white ..,g. - papers. i ❑ Designate a subcommittee, which will review the r r . Planned Development section of the Community Development Code, led by the Planning Commission. 5 2004 Goal 5 - Growth Management Proposed UGB Lands '"~'<wYL {t, ❑ Develop aframework/timetable for a Comprehensive ter.- Plan update. O Negotiate with Washington County staff to determine who will prepare the plan and zoning for the UGB areas 63 and 64, and identify the source of funding for the plan. ~,ir... t , i 2003 Goal 7 - Communication Indonesian Delegation O o Increase Tigard's communication with other elected a bodies through active participation of City Council . G members and staff. t] Improve and expand communication with citizens, particularly communicating successes and future concerns. 2004 Goal 6-Communication L Communication C CI Increase Tigard's communication with other local l7 Improve and expand communication with officials and elected bodies through active participation citizens, particularly communicating of City Council members and staff. n .5.«. successes and future concerns. ~ v 1 6 2004 Goal 6 - Communication 2004 Goal 6 - Communication t] improve and expand communication with citizens, o Investigate the possibility of supporting the mission of particularly communicating successes and future the Tigard Youth Advisory Council to "empower, concerns. improve and connect the lives of Tigard's youth" by l7 Support the Tigard Beyond Tomorrow goal to adding a youth representative to all City boards and committees maximize citizen involvement opportunities through . educational programs by implementing a citizen 0 Investigate the possibility of supporting the Tigard leadership series. Beyond Tomorrow strategy to "encourage public participation through accessibility and education with an annual citizens fair for community events and businesses." For more information: 2004 Tigard City Council Goals Visit the City's web site at v..,w ci.rirard.or.us Goal 1 - Financial Strategy Call the City of Tigard at 503.639.4171 Goal 2 - Tigard Central Business District Goal 3 - Transportation Email Mayor Dirksen at naor(aci rieard.or.us Goal 4 - Parks and Recreation Goal 5 - Growth Management Goal 6 - Communication I I 7 5 AGENDA ITEM # FOR AGENDA OF Jan. 27, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the New Tigard Library PREPARED BY: Marua`ret Barnes DEPT HEAD OK CITY MGR OK V/*yL - ISSUE BEFORE THE COUNCIL Presentation by staff to update the City Council about the new library. STAFF RECOMMENDATION The purpose of this presentation is to update the Council on the progress of construction on the new Tigard Public Library and other related matters. INFORMATION SUMMARY The focus of this monthly update will be to inform the Council on the progress of library construction during the past three months, including the construction of walls and roof. The presentation will include progress on fundraising efforts and information on how the public can learn more about the project. On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of approximately 47,000 square feet. This amount has paid for land acquisition, the design, construction and furnishing of the new library, parking and related street improvements. The site of the new library is a 14.7-acre property located along Hall-Boulevard near O'Mara Street. The library building and parking will occupy about 5 acres of the site. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY L Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all r ages. a ATTACHMENT LIST i 1. Set of PowerPoint Slides FISCAL NOTES N/A i New Tigard Library Construction Report a January 27, 2004 1. . Wmi- Y4 f J rtl it: ~ ~~,y 3fyi • - f Itrf . ` .'.t 8 m {k. a a A E r - 1 F .1 ~ I ~ 11 1 i. .1I j 1 Y 1 71 1 't r v rt ti- . 4".. .W.', ftrJs 52b Mt'Yi. Tigard Library Want to See More? Foundation Update New Library Updates: .,r r Borders Gift Wrapping Results www.ci.tigard.or.us/library r Bricks for Books Update a Want ba Know More? i a Hard Hat Report in Cityscapra or on the website a Questions? Contact paula(Mci.tinard.or.us or call 503-684-6537, x2508 3 AGENDA ITEM # FOR AGENDA OF January 27, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Annual Review of the Community Assessment (CAP) program PREPARED BY: Elizabeth Ann Newton I/I DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL A presentation on activities, successes, concerns, proposes 2004 schedule, and recommended changes for the Community Assessment Program (CAP) STAFF RECOMMENDATION Information item. No action necessary, however, Council may want to provide direction. INFORMATION SUMMARY At the May 13, 2003 City Council meeting, staff presented an introduction to the Community Assessment (CAP) program. Council may remember that the program is intended to bring work groups of city employees, across department lines, into each neighborhood in teams once a year so the neighborhood is the focus of an information gathering and issue identification effort. On most Wednesday afternoons in 2003 a team of employees went out to one of 45 neighborhoods to conduct the area assessment. Based on the recorded observations, assessment reports were prepared and initial follow-up action, where appropriate was assigned. Each quarter during the year, staff CAP walkers met for program evaluations and modifications were made to the program based on issues raised. There are several by-products of the program. One is the collaborative effort of city staff representing different departments. Second is an improved connection to the community. A third is the identification and delineation of where the city is responsible for action, where private citizens are responsible, and where we can work together to improve the community. Finally, is the ability to bring volunteer efforts together to address many issues. The presentation this evening will include a review of the written tools used in the program, a summary of successes and concerns, and an overvie • of the recommended changes. i OTHER ALTERNATIVES CONSIDERED Suggest modifications to the program. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life Goal #1, Strategy #1 "Improve communication about all aspects of the City's business." ATTACHMENT LIST None FISCAL NOTES N/A CAP Mission Annual Review of the "The Community Assessment Program is a collaborative effort to Increase employees' awareness of the community's assets and needs, Community Assessment Program connect employees with citizens at a neighborhood level, and identify effective ways to improve neighborhoods." (CAP) Goals How the CAP works Connection: - to the community The Logistics: between staff > the City is divided into 45 areas Familiarity: - map can be viewed on-line with assets and needs ➢ each Wednesday afternoon staff provides valuable Information representatives from each department Identification and delineation: walk an area city responsibility - evaluate needs, opportunities, kudos - property owner responsibility where we can work together ➢ follow-up assigned as appropriate - CAP ar~•- In Action 1M 4 i 1 The Tools Walker Guidelines • Walker Guidelines • Summary of Packet Materials • Executive Staff Summary • Map ro w...vwµw M w,ar W .n~..~M w ~ rw.Yw..cwM.rY.+..Me..M.a. u..w NCry iYlllmC rmi.r...r ~.r.r.wy ws.w wr..w Ma.av.+. rw Summary of Packet Materials Executive Staff Summary CITY OF TIGARO. OREGON Sample of Area Map The Follow-up Report 2 Report to Citizens Successes 33 "Po,1 to 'poCo-hry • 150 notices regarding clearly readable house addresses • 135 abandoned vehicles moved or removed • Directed patrols for crime patterns and vandalism/graffiti r~.,, i. to Projects added for C1P consideration • Street/pothole repair a ~,.f to Roads added to street maintenance list v7l 35 ;~)`g~ • Clogged catch basins cleared; unsafe areas fixed More Successes Improvements • Water meters have been adjusted • Trees causing road/sidewalk damage Identified • More training needed for team leaders • Businesses without current business tax identified • More training needed for walkers • Education on basketball hoops and sidewalk to All staff should participate regulations to More connection with citizens needed • Reported issues to appropriate agencies (ODOT, Trl-Met, PGE) • Staff from all departments participated Recommendations Recommendations Training for staff and team leaders Citizen connections Provide specific training at quarterly • Notify area volunteers and community connectors evaluation meetings in advance and encourage participation Staff participation to Publicize CAP mail, email box On a department basis, encourage all • Identify/announce CAP walk area on Focus staff to walk at least once a year program • Publicize web page in Cityscape 3 ~www.cl.tigard.or.us/community/ cap/default.asp 'r 3 i i 4 AGENDA ITEM No. 7 Date: January 27, 2004 PUBLIC HEARING (QUASI-] U DICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER ZONE CHANGE ANNEXATION (ZCA) 2003-00007 ANNEXATION OF THE CLEAN WATER SERVICES AND CITY OF TIGARD PARCELS Due to Time Constraints City Council May Impose A Time Limit on Testimony 1:\ADM\GREER\CITY COUNCIL\CCSIGNUP\PH TESTIMONY QJ ANNEXATIONMOC AGENDA ITEM No. 7 Date: January 27, 2004 PLEASE PRINT Pro onent - (Speaking In Favor O onent - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. I I Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF January 27, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Annexation of the Clean Water Services (CWS) and City of Tigard parcels (ZCA2003-00007) PREPARED BY: Mathew Scheideggger DEPT HEAD OKjA_ ITY MGR OK ISSUE BEFORE THE ckbLACIL Should the City Council approve the proposed CWS annexation request? STAFF RECOMMENDATION Uphold Staff's recommendation for approval of the CWS annexation request. INFORMATION SUMMARY The CWS annexation consists of four (4) parcels equaling 47 acres. The parcels are within the City of Tigard's urban service area. The reason for annexing into the City of Tigard is that two of the parcels are owned by the City of Tigard and the other two parcels are owned by Clean Water Services and are developed with the City's Waste Water Treatment Plant. Annexation would simplify the City limits along the Tualatin River adjacent to the City of Durham. The property is currently zoned with the R-4.5 zoning designation and the proper zoning is concurrent with the annexation according to Section 18.320.020.C of the Community Development Code. The R-4.5 zoning designation will remain upon annexation approval by Council. Staff has notified all affected agencies and CIT members of the proposed anne°ation. There was no objection C. to the annexation by those who returned comments. Staff has reviewed the proposal for compliance with Metro Chapter 3.09, the Comprehensive Plan Policies, the Tigard Development Code, and the Oregon Revised a- Statutes. As indicated in the staff report to City Council, the proposed annexation meets the applicable standards. Pursuant to Chapter 18.320.020.C of the Tigard Development Code, the Comprehensive Plan designation and the City's zoning are automatically applied to property upon approval of the annexation by Council. J OTHER ALTERNATIVES CONSIDERED Deny the annexation request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Management Goal #2: Urban Services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST 1. "Draft" City Council Ordinance Exhibit A: Vicinity Map Exhibit B: Legal Description 2. Staff Report to the City Council FISCAL NOTES Application fees have been paid by the applicant. C i i t AtWment2 Agenda Item: Hearing Date: January 27, 2004 7:30 PM STAFF REPORT TO THE CITY COUNCIL CITY OFTIGARD FOR THE CITY OF TIGARD, OREGON Community(DeRropmcnt Srta ing.X MetterCo»ununity SECTION 1. APPLICATION SUMMARY FILE NAME: CWS ANNEXATION CASE NO.: Zone Change Annexation (ZCA) ZCA2003-00007 APPLICANT: City of Tigard OWNER: Clean Wafter Services Attn: Mathew Scheidegger 155 N. 1St Avenue, Suite 270, MS # 13125 SW Hail Boulevard Hillsboro, OR 97124 Tigard, OR 97223 PROPOSAL: The applicant is requesting to annex four (4) parcels of land containing 47 acres near Cook Park into the City of Tigard. CURRENT ZONING DESIGNATION: R-4.5. Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. EQUIVALENT CITY ZONING DESIGNATION: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: WCTM 2S114AD Tax Lots 00100 and 00200. WCTM 2S114DA Tax Lot(s) 00100 and 00300. i ! APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF4 ZCA2003-00007- CWS ANNEXATION 01/2712004 PUBLIC HEARING SECTION 1I. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the Annexation by adoption of the attached Ordinance. SECTION ill. BACKGROUND INFORMATION Site Information and Proposal Description: The CWS annexation consists of four (4) parcels equaling 47 acres. The parcels are within the City of Tigard's urban service area. The reason for annexing into the City of Tigard is that two of the parcels are owned by the City of Tigard and the other two parcels owned by Clean Water Services and are developed with the City's Waste Water Treatment Plant. The property is currently zoned with the R-4.5 zoning designation and the proper zoning is concurrent with the annexation according to Section 18.320.020.C of the Community Development Code. The R-4.5 zoning designation will remain upon annexation approval by Council. Staff has notified all affected agencies and CIT members of the proposed annexation. There was no objection to the annexation by those who returned comments. Staff has reviewed the proposal for compliance with Metro Chapter 3.09, the Comprehensive Plan Policies, the Tigard Development Code, and the Oregon Revised Statutes. As indicated in the staff report to City Council, the proposed annexation meets the applicable standards. Pursuant to Chapter 18.320.020.C of the Tigard Development Code, the Comprehensive Plan designation and the City's zoning is automatically applied to property upon approval of the annexation by Council. Vicinity Information: The subject parcels are adjacent to the City of Tigard boundary, at the south end of SW 851h Avenue and east of Cook Park. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, ` 10.1.2, and; Tigard Community Development Code Chapter 18.320. Staff has determined that the is consistent with the relevant ~ proposal policies of the Comprehensive Plan based on the following findings: i i Policy 2.1.1: This Policy requires an ongoing citizen involvement program. The South CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. The site, Tigard Public Library, City Hall and the Tigard Water District has been posted since December 12, 2003. Therefore, citizens have had a number of opportunities to be involved in the decision making process. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF4 ZCA2003-00007- CWS ANNEXATION 01/2712004 PUBLIC HEARING d~u Policy 10.1.9: This Policy requires adequate service capacity delivery to annexed parcels. The City of Tigard Police, Engineering and Water Departments, NW Natural Gas and Tualatin Valley Fire and Rescue, have all reviewed the annexation request and have offered no objections. This policy has been complied with. Policy 10.12 This Policy pertains to boundary criteria for annexations and is satisfied. The property is adjacent to the Tigard city limits. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.320.020: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. The property is currently zoned R-4.5. Because this property is in the Urban Service Area, the equivalent zoning has already been attached to the property, therefore, the property does not need to be rezoned upon annexation. Metro 3.09 requires the additional standards to be addressed in annexation decisions, in addition to the local and state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and Comprehensive Plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable ` standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has been discussed previously in this report and, as discussed, this criterion is satisfied. Consistency with specific directly applicable standards or criteria for- boundary changes contained in the Regional Framework Plan or any functional plans; STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF4 ZCA2003-00007- CWS ANNEXATION 01/27/2004 PUBLIC HEARING Because the Development Code has been amended to comply with applicable Metro functional plan requirements, by complying with the Development Code and Comprehensive Plan, the annexation Is consistent with the applicable Functional Plan and the Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is adjacent to existing city limits and services. Many services have been extended to the subject parcels as a result of earlier development. If the proposed boundary change is for, annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the boundary change in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Building, Police Department, Tualatin Valley Fire and Rescue, Public Works, and Water Department have all reviewed this proposal and have offered no objections to annexation. SECTION Vl. AGENCY COMMENTS NW Natural Gas, Tri-Met `transit Development, Metro Land Use & Planning and Washington County have had the opportunity to review the proposal and have offered no objections. BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2003-00007- CWS ANNEXATION. January 13, 2004 PREPARED BY: Mathew Scheidegger DATE Associate P nner GW January 13, 2004 APPROVED BY: Richar ersdorff DATE Planni g Manager STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF4 ZCA2003.00007- CWS ANNEXATION 01/27/2004 PUBLIC HEARING Page 1 of 1 Matt Scheidegger - Annexation of 47 acres From: "John Frewing" <jfrewing@teleport.com> To: <matts@ci.tigard.or.us> Date: 1/23/04 4:25 PM Subject: Annexation of 47 acres CC: "Brian Wegener" <brian@tualatinriverkeepers.org>, "Sue Beilke" <sbeilke@europa.com>, "rcg" <rcg@csgpro.com> Matt: My comment on the proposal by Tigard and CWS to annex 47 acres into the city (ZCA 2003-00007). The staff report does not address the decision criteria of TDC 18.320.020 (B). These criteria are that "all services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area" and "applicable comp plan policies and implementing ordinance provisions have been satisfied." The first criterion can only be met if the city and CWS in their application state that even though the tract is zoned R4.5, it is the intent of the city and CWS that this area remain open space except for recreational needs (pedestrian and bike path, bridge). The second criterion can only be met if the staff report states the comp plan criteria and then states the corresponding implementing ordinance(s), and connects facts regarding the annexed area to compliance with the stated policies and regulations of the ordinance(s), this has not been done (yet). Please let me know your response to this comment, so as to guide my actions at the hearing on January 27. John Frewing e Entered into the Record on L By } `(1 ~ he', L C~cI 2i\ C Agenda Item No. '-1 Exhibit No. I a i 1 1 I I file://C:\WRh ROWS\TEMP\GW) 00002.HTM 1/27/04 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council Members FROM: Mathew Scheidegger •P/ DATE: January 26, 2004 SUBJECT: ZCA2003-00007 A standard located in 18.320 "Annexations" was not fully addressed in the Staff report. According to 18.320.020.B.1 of the Tigard Development Code: "All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area." FINDING: There are two storm water lines, one on each side of the annex area that is available to the subject parcels. Sanitary sewer is also available on the east side of the subject parcels that connect directly to the Clean Water Services treatment plant. Water is available at the end of Waverly Drive to the west and the parcels are accessed by SW 85th Avenue. Currently Washington County tax Map 2S114AD Tax Lot 00100 is developed with a Clean Water service facility. The remaining acreage, 40 acres is within the flood plain. According 18.775.070 "Sensitive Land Permits" Land form alterations or developments within the 100-year floodplain and zoned residential are limited to community recreation uses, utilities, or public support facilities. The City of Tigard Engineering, Building, Police Department, Tualatin Valley Fire and Rescue, Public Works, and Water Department have all reviewed this proposal and have offered no objections. North West Natural Gas, Tri-Met, Metro and Washington County have also had the opportunity to review the proposal and have offered no objections or comments regarding capacity. No development is proposed with this annexation. Therefore, this standard has been satisfied. Entered into the Record on '7.0 By s' - Agenda Item No. `1 Exhibit 2 AGENDA ITEM No. 8 Date: January 27, 2004 PUBLIC HEADING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL ZONES, SUBJECT TO LIMITATIONS, AND TO MODIFY THE AMOUNT OF TEMPORARY SIGNAGE (ZOA 2003-00002) Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\GREER\CITY COUNCIL\CCSIGNUP\PH TESTIMONY LEG - ZOA.DOC AGENDA ITEM No. 8 Date: January 27, 2004 PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Addre s & Phone No. Name, Address & Phone No. Name, Address & Phone No. Nf~~K ~0 G f L 9~`f st✓ PAjai le. r 1b Rkb 04 9-71-.7 J Naame Address Phone No. Name, Address & Phone No. Name, Address & Phone No. gg ~/A-- d 3146"C14- PL . I x,417 SO X36 'r~ G A-P--,--' 6 F- 97U .SD3 69N-~ 3 I Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. iFo /-r ~ d o2-rti l 533/ Sh(/ MicSd~~ cc) 46- ~7 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF January 27, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A-Frame Si s in Residential Zones - Code A ment ZOA2003-00002 PREPARED BY: Moran Tracy DEPT HEAD OK Y MGR OK ISSUE BEFORE THE OUNCIL Should the Council approve a requested Zone Ordinance Amendment to amend the Tigard Development Code Chapter 18.780 to allow A-frames in residential zones subject to size and placement limitations and increase the amount of temporary signage allowed in low and medium density residential zones? STAFF RECOMMENDATION Staff recommends approving the requested Zone Ordinance Amendment as amended by motion of the City of Tigard Planning Commission. Staff agrees with the Commission that the allowance for an additional 4"x24" rider sign is not necessary with the 24 square foot total allowance of temporary signage. The Council should decide whether a size limit such as 4 square feet per face is appropriate as recommended by the Commission or to allow a sign of up to 24 square feet as proposed by the applicant. INFORMATION SUMMARY The applicant, Heather Adams, filed an application to amend the sign code on October 27, 2003 to address issues she has faced trying to advertise homes for sale in Tigard. The City's sign ordinance currently prohibits A-Frame signs (signs that fold in the middle, typically have signage on both faces, and are freestanding in an "A" shape configuration) in residential zones. City staff has actively enforced this provision, either contacting the sign owner to alert them that the sign needed to be removed, impounding the sign, or issuing citations in certain cases where repeat offenses have occurred. Area real estate agents have commented that the use of A-frame signage to advertise open houses, and provide directional information is common industry practice. The City allows the use of "lawn signs", exclusive of A- frame signs in residential zones, although these lawn signs are limited to a total of 12 square feet in size in some residential zones and 24 square feet in others, and must be posted on a single stake. In summary, the applicant's amendments accomplish the following objectives: i O Reclassifies "A-frames" as a type of "lawn sign" b defining lawn signs as "temporary signs placed on ! private property supported by one stick; post, rod. or A-Dame in or on the ground." • Allows all lawn signs in residential zones t-,xempt from permit and fee. Y Makes a consistent allowance of temporary signage between medium and high density residential zones (presently 24 square feet) and low density residential zones (presently 12 square feet). • Creates a provision for an additional 4"x24" rider sign beyond the 24 square feet. • Places size limitations on A-frames of 6 square feet per face. No size limitation to other types of temporary signs was proposed. o Requires that A-frames be placed on private property, out of the right of way, and not obstructing vision clearance areas at intersections and driveways. The Planning Commission received testimony at their January 5, 2004 meeting and deliberated the proposed changes. Subsequently, the Commission modified the applicant's proposal by limiting the size of not only A- frames, but all lawn signs to a maximum size of 4 square feet per face. Also, the Commission found that the 24 total square foot allowance for temporary signs on a single property was sufficient area to not necessitate additional area for a rider sign. Therefore, conceptually a residential property would be allowed to have a 4- square foot double-faced sign on a post, an A-frame with 4 square feet of signage on each side, and two 4- square foot single-faced signs on stakes to reach a total of 24 square feet. Attached as "Attachment 1" is the ordinance adopting the proposal. The Planning Commission recommendation and draft meeting minutes are attached as "Attachment 2". OTHER ALTERNATIVES CONSIDERED Deny the request or approve it with revisions. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY I. "Community Character and Quality of Life"- Develop strategies to balance needs of new and infill development with need to provide preservation and protection of open space, natural areas, and other defined aesthetic qualities valued by those who already live and work in Tigard. ATTACHMENT LIST Attachment 1: Ordinance adopting the code amendments Exhibit A-1: Proposed language changes Attachment 2: I15103 "Draft" Planning Commission Meeting Minutes Attachment 3: Staff Report to the Planning Commission FISCAL NOTES N/A CITY OF TIGARD, OREGON ORDINANCE NO. 04- AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL ZONES, SUBJECT TO SIZE AND PLACEMENT LIMITATIONS, AND TO MODIFY THE AMOUNT OF TEMPORARY SIGNAGE THAT IS ALLOWED. WHEREAS, the applicant has requested a Zone Ordinance Amendment to amend the language of the Tigard Community Development Code Chapter 18.780 to allow A-frame signs within residential zones, subject to size and placement limitations, and modify the amount of temporary signage that is allowed in low and medium density residential zones; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and by motion modified the amendment so that the size limitation should be reduced from 6 to 4 square feet per face, and should be applied to all types of lawn signs, not just A-frames; and WHEREAS, the City of Tigard Planning Commission voted in favor of the modified amendment on a 4-2 vote with one member abstaining; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed development code text change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting the health, safety, and welfare of the Tigard citizens, as well as, the interests of business in Tigard; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 02- Page 1 SECTION 1: The specific text amendements attached as "EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2004. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2004. Craig Dirksen, Mayor Approved as to form: City Attorney Date i i ORDINANCE No. 02- Page 2 i ~ "EXHIBIT A-1" PROPOSED CHANGES ADDITIONS: Indicated by UNDERLINE ADDITIONS BY PLANNING COMMISSION: Indicated by DOUBLE UNDERLINE DELETIONS: Indicated by ~T1F~9136k4] DELETIONS BY PLANNING COMMISSION: Indicated by Planning Commission's Recommended Amendment Language 18.780.015 Definitions 1- "'A'-{beard] frame sign." means any double face temporary rigid sign; 52. Temporary sign. means any sign, .[A beaf-frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 fB-2-.3 can be met. Lawn signs are temporary signs placed on private property supported by one stick post rod or A-frame in or on the ground 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of M 24 square feet in the [R 1, R 2, R 3.6, R , and R 71 residential zones. plus ~ exceed 4 h 4--nahes b Lawn signs shall be no greater than #ffi 4 square feet per face in any remm residential zone. Lawn signs shall be Ip Wed ey- placed on private property and not within the public right of ways nor shall such signs obstruct the clear vision area described in Chapter 18.795. Eagidl A- frame signs are permitted only between the hours of 8 AM and 6 PM 2. Signs not oriented or intended to be legible from a right-of-way, other property or from the air; 18.780.100 Temporary Signs A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs issued by permit shall not exceed one for any use at any one period of time; such signs are not permitted for single- family and duplex dwellings. Exempted lawn signs in residential zones are not governed by this provision; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single-family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; 5. A balloon as provided in Subsection 18.780.090 C. D. Location. The location of a temporary sign requiring a permit shall be as approved by the Director. Exempted lawn signs shall be placed only on private property, outside of the public right of way, and may not obstruct the clear vision area. E. Attachment. Temporary signs may not be ;permanently attached to the ground, buildings or other structures. Revised text without markup for ease of reading. 18.780.015 Definitions 1. "'A'-frame sign." means any double face temporary rigid sign; 52. Temporary sign. means any sign, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 can be met. Lawn signs are temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the ground. 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of 24 square feet in residential zones; b. Lawn signs shall be no greater than 4 square feet per face in any residential zone. Lawn signs shall be placed on private property and not within the public right of way nor shall such signs obstruct the clear vision area described in Chapter 18.795. A-frame signs are permitted only between the hours of 8 AM and 6 PM. 2. Signs not oriented or intended to be legible from a right-of-way, other property a or from the air; i i e 18.780.100 Temporary Signs A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs issued by permit shall not exceed one for any use at any one period of time; such signs are not permitted for single-family and duplex dwellings. Exempted lawn signs in residential zones are not governed by this provision; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single- family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; 5. A balloon as provided in Subsection 18.780.090 C. D. Location. The location of a temporary sign requiring a permit shall be as approved by the Director. Exempted lawn signs shall be placed only on private property, outside of the public right of way, and may not obstruct the clear vision area. E. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures. C i i i i DRAFT .-4 1-&-ch mPn f 2 CITY OF TIGARD PLANNING COMMISSION DR~ Meeting Minutes January 5, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Bienerth, Buehner, Caffall, Haack, Munro, and Sutton Commissioners Absent: Commissioners Mores and Webb Staff Present: Dick Bewersdorff, Planning Manager; Morgan Tracy, Associate Planner; Brad Kilby, Associate Planner 3. PLANNING COMMISSION COMMUNICATIONS Rex Caffall was welcomed as a new Planning Commissioner; the new Planning Commission alternate, Kathy Meads, was introduced. 4. APPROVAL OF MINUTES It was moved and seconded to approve the December 1, 2003, meeting minutes as submitted. The motion passed unanimously. It was moved and seconded to approve the December 8, 2003, meeting minutes as submitted. The motion passed by a vote of 5-0. Commissioners Padgett and Sutton abstained. 5. ELECTIO14 OF VICE-PRESIDENT Judy Munro was elected as Vice-President of the Planning Commission. 6. PUBLIC HEARINGS 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00002 TEMPORARY A- FRAMES IN RESIDENTIAL ZONES SIGN CODE AMENDMENT REQUEST A Zone Ordinance Amendment to amend the sign regulations to allow temp=orary A-frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page I i STAFF REPORT Associate Planner Morgan Tracy presented the staff report. He reported that this amendment has been proposed by a private citizen on behalf of several in the real estate profession. The issue at hand is that A-frames are prohibited forms of signage in residential zones. A-frames used to advertise open houses in other areas, (or sometimes even within Tigard, although they shouldn't have been there). This is a fairly common practice of real estate agents to direct potential clients and "Sunday drivers" to their showings. Staff has routinely impounded signs and cited people who place A-frames in residential zones (more often though, this has been the result of those signs being placed in the right-of-way). To address the needs of real estate agents, the applicant met with staff to develop some preliminary text revisions. Staff suggested that certain limitations be added to protect neighborhoods from sign accumulation and clutter. The proposed amendment language is the result of that collaboration. Staff has since discovered that due to the construction of the sign code and the manner in which one of the definitions is written, A-frame signs would have no longer been allowed in commercial zones. A revision is suggested to change the definition of Lawn Sign: c. Lawn Sign - temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the-ground. A lawn fte stand;"^ sign in residential zones wish is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 {132-.} can be met. A lawn sign in commercial or industrial zones is subject to temporary permit requirements as provided for in Subsection 18.780.100. This resolves the issue with allowing A-frames in commercial zones, however, there remains a disparity between the two zoning classifications in that commercial zoned properties are required to obtain a $15 permit good for 30 days to place their signs, while residentially zoned properties do not. Considering the amount of time most residential A-frames would be used (for garage sales, estate sales, open houses) staff feels that a permitting process for these signs v4ou;d be burdensome to propert% owners and staff alike. The City's code enforcement officer notes that the majority of sign enforcement is due to placement of signs in the right-of-way, and that this amendment will not resolve those problems. Other issues, such as monitoring when signs are removed, may also be problematic, although it is acknowledged that this provision is intended to discourage signs from being left out for "extended" PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 2 a periods of time. Staff recommends that the Planning Commission amend the sign regulations as proposed by the applicant, with the change previously noted along with any other alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. Tracy advised that A-frames are generally allowed in most jurisdictions. He also advised that there are specific sign regulations with home occupation permits. APPLICANT'S PRESENTATION Heather Adams, 12655 SW North Dakota St., Tigard, OR 97223, testified that homeowners are upset that realtors cannot use A-frame signs in the City of Tigard and that she has received citations when she used the signs. She showed signs that the realtors are hoping will be approved. She stated the realtors were not asking to put the signs in the right-of-way. Martha Brooks, 5331 SW Macadam Ave., Suite 207, Portland, OR 97239, spoke on behalf of the Portland Metropolitan Association of Realtors. Her testimony is attached as Exhibit A. Commissioner Sutton asked about the importance of an A-frame sign as opposed to a sign on a stick. It was acknowledged that off-site directional signs are easier to place if they are A-frame signs. PUBLIC TESTIMONY - IN FAVOR Rob Blakely, 11645 SW Hazelwood Loop, Tigard, OR 97223, said he is embarrassed that Tigard has such a restrictive sign code and urged the Commission to approve the proposed amendments. Pat Savage, 16902 SW Steele Way, Beaverton, OR 97006, testified that she has had directional signs removed that were not in the right-of-way. She asked why signs couldn't be placed in the right-of-way if they weren't in anyone's way. Melvin Broadous, 7885 SW Fanno Creek Dr., Tigard, OR 97224, noted the difficulty in complying with regulations and still being able to do business. He encouraged the proposed changes to allow more signage area. Michael Curds, 12549 SW Main St., Tigard, OR 97223, said this is an issue in • every municipality. He reported that signage is best way to advertise. He i believes at least 50% of his business comes from advertising with signs. i Bill Barry, 7535 SW Greenwood Dr., Portland, OR 97223, asked the Commissioners if they had ever sold a home and, if so, did signs help in the sale. Mike Lavios, 2450 Glen Haven Rd., Lake Oswego, OR 97034, said other speakers had already addressed his issues. PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 3 Richard Boyce, 7800 SW Bond St., Tigard, OR 97224, spoke on behalf of the Business Advocacy Committee to the Tigard area Chamber of Commerce. This issue has been discussed by their group several times. They are in support of this ordinance amendment. Commissioner Buehner noted that people have differing opinions about the number of signs (too many or not enough) in Tigard. Jim Poison, 14400 SW McFarland Blvd., Tigard, OR 97224, said he would personally like to see directional signs disappear, but A-frames are essential to doing business. Bill Hester, 15962 SW Enna Ct., Tigard, OR 97224, complained about the Code Enforcement Officer. PUBLIC TESTIMONY - IN OPPOSITION None PUBLIC HEARING CLOSED After discussion, Commissioner Buehner moved to recommend to Council to amend all of the subsections related to application ZOA 2003-00002, to amend the code to provide that the sign code allow signage up to 24 square feet in residential zones and specifically allowing A-frame signs (to delete them from the ban) and putting them under "Temporary Signs", but only on the property of the owner. There was no second to the motion. The motion failed due to a lack of a second. Commissioner Sutton moved that the Planning Commission recommend to Council that they approve the sign ordinance amendment, ZOA 2003-00002, as written, with the exception in section 18.780.060 that the total of 24 square feet include all signs, including the 4"x24" riders (strike the "plus one sign not to exceed 4 inches by 24 inches may additionally be attached to a lawn sign") and a Further exception that instead of 6 square feet per face, that it be 4 square feet per face on any of the signs within that 24 square feet, to apply to all residential zones. There is no point in distinguishing between A-frames and stick signs; the maximum shall be 4 square feet per face on any of the signs, with a maximum of 24 square feer per property. Commissioner Haack seconded the motion. The motion passed by a vote of 4-2 with one abstention. 6.2 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 4 18.390 and 18.780. STAFF REPORT Associate Planner Brad Kilby presented the staff report. He reported that in April 1993, the Tigard City Council agreed to prohibit billboard signs in the Tigard city limits, but in the course of writing code, there were some terms that were left vague. Earlier this year, two companies applied for building permits to construct billboards along Hwy. 217. The City denied the permits based on the size and heights of the signs. The companies filed appeals with the Oregon Land Use Board of Appeals. The City prevailed with the appeals, however, LUBA thought we needed to clarify our code. The proposed amendments will accomplish the following objectives: • Amend the definition of "Responsible party" in Section 18.230.030 to be consistent with the definition of "Responsible party" in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code (TDC) Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. • Amend the definition of "Billboard" to mean signs larger than the maximum size allowed. • Delete the term "Billboard structure." • Delete the term "Public sign." • Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. • Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. PUBLIC TESTIMONY None 9 PUBLIC HEARING CLOSED After discussion, Commissioner Buehner, with regard to ZOA 2003-0003, moved that the Commission recommend to City Council approval of the proposed changes to the sign code amendment and section 18.280 as submitted, based' on findings in the staff report and discussion held. Commissioner Caffall seconded the motion. The motion passed unanimously. 7. GOAL 5 SITE SPECIFIC ESSE ANAYLSIS UPDATE/RECEIVE PLANNING COMMISSION COMMENTS This agenda item was cancelled. It will be rescheduled for a later date. PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 5 8. OTHER BUSINESS The Commission will meet on January 26`h for a Comprehensive Plan workshop. 9. ADJOURNMENT The meeting adjourned at approximately 9:10 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett i E n :s a i PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 6 Portland Metropolitan OWN Association of Realtors® TESTIMONY BEFORE THE CITY OF TIGARD PLANNING COMMISSION JANUARY 5, 2004 ON CODE AMENDMENT TO ALLOW THE PLACEMENT OF TEMPORARY A-FRAME SIGNS IN RESIDENTIAL ZONES ZOA 2003-00002 Good evening. I am Martha Brooks, vice president of Governmental Affairs for the Portland Metropolitan Association of Realtors® located at 5331 SW Macadam Avenue, Suite 207, Portland, Oregon 97239. In addition to serving in this capacity, I am also a Realtor`', with more than 16-years of experience, with an office in the Tigard Triangle. On behalf of the 5700 members of the Portland Metropolitan Association of Realtorso, I urge your support of the Zone Ordinance Amendment (ZOA 2003-00002) to allow temporary a-frame signs in residential zones. The proposed amendments before you are the result of Realtors sitting down with City Staff to find a way that will allow Realtors® to adequately market the citizen's of Tigard's homes without seriously compromising the appearance of the City. We appreciate being able to work with City Staff on drafting the amendments. Dick Bewersdorff and Morgan Tracy were easy to work with and accessible through out the process. They should be complemented The proposed amendments to the City's Development Code will facilitate active home sales to the benefit of the entire community. No one-the seller, the neighbors, or the police-want a borne on the market or sitting vacant for an unnecessarily long period of time. A-frame signs A properly direct prospective homebuyers to the homes for sale or rent and underscore a vibrant marketplace. J Every day, individuals and families are buying and selling homes in Tigard. In 2002, Realtors® helped sell more than $286 million worth of property in the City. In 2003, Realtors® were part of transactions totaling more than $329 million. The benefit to the community of home sales is extensive. It is estimated that roughly 30-percent of the new home occupant's income is spent on items produced by local businesses, such as medical care, daycare, and services such as dry cleaning and auto repair (source: The Importance of America's Housing Sector to the Economy, David Lereah, National Association of Realtorse, Winter 2003). 5331 SW Macadam Avenue, Suite 207 Portland, OR 97239 503.228.6595 REALToW Fax 503.228.4170 Portland Metropolitan Association of Realtors® Before the City of Tigard Planning Commission January 5, 2004 Page 2 Helping maintain the vitality of a city-a community-is what Realtors® do. Realtors® are business people who serve the community; assist the residents and tax payers of the city. We help people realize the American Dream of homeownership. One of the tools we use in our business is signs. We place signs on the property to communicate to potential buyers. We use signs to assist people in finding homes in this community that are for sale. Our clients ask us to use, and want us to use, signage to market their home. We fully support the proposed changes to the City's code that will increase the allowed square footage of sign and allow A-frame style signs on private property in residential zones. The increase in allowed square footage allows the home seller to convey a message as to the value of the home to the potential buyer. It can also let a potential buyer know when the house will be open for viewing. A-frame signs-simply a four-sided sign with a message on two sides-are an industry standard which are easily recognized by the public as a communication tool used by Realtors e. A-frames are less intrusive to the environment in that they are not stuck into the ground where damage can be done to irrigation systems and vegetation. A-frames are temporary in nature being put up and removed frequently. And, moved from location to location. It is not practical that they be a stick-sign. We agree that the hours of allowed use should be limited to 8:00 a.m. to 6 p.m. Real estate open houses, garage and estate sales, Christmas tree recycling and the like are events that do not extend into the evening hours. Thus there is no need for the a-frame sign to remain standing beyond 6 p.m. In conclusion, the members of the Portland Metropolitan Association of Realtors® ask you support of the sign code amendments before you and ask that you recommend to the City Council adoption of the changes. i s F I appreciate your consideration of these comments and am available to answer any questions. i Thank you. 0 Arc c47M n~ Agenda Item: (O Hearing Date: April 22, 2002 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION CRY OFnOARD Community Development FOR THE CITY OF TIGARDAREGON Shaptn9,4 BetterCommunity SECTION 1. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW THE PLACEMENT OF TEMPORARY A-FRAME SIGNS IN RESIDENTIAL ZONES. CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00002 PROPOSAL: To amend the Sign requirements within the Tigard Development Code to allow the placement of temporary A-frame signs in Residential Zones. These signs would be exempt from permit requirements, but would still be subject to time, place, and size restrictions. APPLICANT: Heather Adams OWNER: N/A 12655 SW North Dakota Street Tigard, OR 97223 ZONE: N/A. LOCATION: Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, and 2.1.3; The Metro 2040 Plan; and Statewide Planning Goals 1 and 2. SECTION 11. STAFF RECOMMENDATION Staff recommends that the Planning Commiss',on amend the Sign Regulations as proposed by the appliear;t, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard-City C'until. ZOA2003-00002 PAGE 1 OF 6 1105104 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION 111. BACKGROUND INFORMATION The City's sign ordinance currently prohibits A-Frame signs (signs that fold in the middle, typically have signage on both faces, and are freestanding in an "A" shape configuration) in residential zones. City staff has actively enforced this provision, either contacting the sign owner to alert them that the sign needed to be removed, impounding the sign, or issuing citations in certain cases where repeat offenses have occurred. Area real estate agents have commented that the use of A-frame signage to advertise open houses, and provide directional information is common industry practice. The City allows the use of "lawn signs", exclusive of A-frame signs in residential zones, although these signs are limited to a total of 12 square feet in size in some residential zones and 24 square feet in others, and must be posted on a single stake. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.0606. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to DLCD on November 12, 2003, 54 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 - Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. As the amendment is a legislative action that will expand the permissible uses of property (by allowing a sign not presently allowed), no direct notice was required by Ballot Measure 56. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. The City CIT members were also notified of the proposed changes. Statewide Planning Goad 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Any applicable Metro regulations; There are no applicable Metro regulations from the Metro Code that affect local sign regulations. ZOA2003-00002 PAGE 2 OF 6 1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Members and the amendment was discussed at a regular monthly Focus on Tigard meeting. In addition, notice was published in the Tigard Times of the Public Hearing and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Members and the amendment was discussed at a regular monthly CIT meeting. The written notices were written in plain understandable form, and included phone numbers and a contact person for anyone who may have questions. Any applicable provision of the City's implementing ordinances. Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. L Code Section 18.390: 2 'n This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. 0 Code Section 18.780: This chapter establishes procedures and criteria for erecting signage within the City. The purpose of the sign regulations is: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. ZOA2003-00002 PAGE 3 OF 6 1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION The proposed amendment includes provisions to ensure the continued protection of the public welfare and safety, limits the amount and duration of signage to reduce sign clutter and maintain an attractive appearance to the community, accommodates the need of sign users while avoiding nuisances by limiting signage to private property, insures the safe location of signs by requiring they be placed outside vision clearance areas, and minimizes the distractions to motorists by continuing to prohibit strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Presently the code does not allow A-frames in residential zones. A-frames (presently termed A-board frame signs) are defined as a type of temporary sign: Temporary sign. means any sign, A-board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building (TDC18.780.015.52.). Temporary Signs, as defined above, are not allowed for single family and duplex buildings: Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs shall not exceed one for any use at any one period of time; such signs are not permitted for single-family and duplex dwellings; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single- family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet, (TDC18.780. 100.C) However, there are allowances for exempting lawn signs: Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below. 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of 12 square feet in the R-1, R-2, R-3.5, R-4.5 and R-7 zones; b.. A total of 2.4 square feet in the R-12, R-25 and R-40 zones. (TDC 18.780.060) But these exemptions currently do not provide for A-frame signs. The proposed code amendments modify the language in the aforementioned sections so that A-frames are considered a type of lawn sign, exempt from permit requirements but still subject to time, size, and location restrictions. Section 18.780.015 (52) is modified such that A-frames are classified as a type of lawn sign. Section 18.780.060 is changed to eliminate the distinction of allowed temporary sign sizes between low/medium density and medium/high density residential zones, so that all residential zoned properties may display a maximum of 24 square feet of signage. In addition a small extra sign is permissible to account for attachments to standard real estate lawn signs such as the realtor's name, a special home feature, or agent's phone number. To avoid the potential for very large A-frame signs (e.g. 4'x3' per side), a provision limiting these signs to 6 square feet per face (e.g. 2'X3') is proposed. ZOA2003-00002 PAGE 4 OF 6 1105104 PUBLIC HEARING; STAFF RFPORT TO PI ANNING COMMISSION Section 18.780.100 includes additional language provisions to clarify that lawn signs which are exempt from temporary permit requirements are not governed by the provisions affecting temporary signs that require permits. Also this section restates that lawn signs must be placed on private property, outside the right of way, and may not obstruct the vision clearance area. SECTION V. STAFF ANALYSIS Restrictions on signage, especially within the residential zones, are an important aspect of promoting the peaceful enjoyment of a neighborhood. However, identification of properties that are for sale is also an important function to enable homeowners to effectively market their property, and provide prospective purchasers a way to locate open houses. The City needs to balance these competing purposes, and may do so through restrictions on place, time, and manner. The City may not regulate based on the content or intended message of the signs, so whatever restrictions or allowances are granted, they shall be content neutral. Staff met with the applicant during a pre-application conference on October 14, 2003 to discuss these issues and discuss possible changes to the code. The proposed code revisions address the applicant's concerns by classifying A-frame signs as a type of lawn sign, allowable in residential zones exempt from permit requirements. To ensure the public welfare and safety is protected, limitations on the size (6 square feet per face): placement (on private property outside the vision clearance area), and duration (permissible only between 8AM And 6PM) of these signs were also included in the proposed amendments, as shown in Exhibit A, attached. While the proposed amendments have been proposed by the applicant to address needs of the realty companies, the City should consider other possible uses for these allowed signs including: ♦ Garage Sales ♦ Estate Sales ♦ Political Campaigns ♦ Off-site Commercial Advertising ♦ General Advertising (e.g. "weight loss", "work from home", "got garbage?") Staff believes that the proposed amendment strikes the best balance of restriction while still allowing for real estate promotion. General and off site advertising is limited in time (signs are only permitted between the hours of 8AM and 6PM) and location (signs must be placed on private property, which would require consent of the property owner). Staff does not foresee a problem associated with garage and estate sale signs as these are for such limited duration (usually one weekend). Political signs are likewise restricted; however, it is more conceivable that property owners would allow such signage on their property and would take the signs in at night. A-frame signs are also not the traditional form for political signage, however, there is nothing provided in these amendments that would prevent such a sign. One additional issue to be aware of is that amendments to the Tigard city code do not apply to the unincorporated area of Bull Mountain until Washington County formally adopts these changes into the Intergovernmental Agreement. This will need to occur through a separate process under the direction of Washington County. For continuity and enforcement issues, the Planning Commission may wish-to recommend that Council adopt a provision that any change to the code go into effect upon Washington County's enactment of the amendment. SECTION VI. OTHER ALTERNATIVES No Action - The sign code would remain unchanged, and A-frame signage would continue to ZOA2003-00002 PAGE 5 OF 6 1105104 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION be prohibited in residential zones. Expanded Action - Allow additional forms or size of signage, or extend their duration limits. Alternate Action - Impose requirements for permitting A-Frames, or add additional limitations (size, location, duration, etc.) on these types of signs. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Forester, Police Department, Building Division, Water Department, Long Range Planning Division, and Tualatin Valley Fire and Rescue have all reviewed the proposal and have no objections to it. The City of Tigard Engineering Department, Tualatin Valley Water District, Clean Water Services, Metro, Oregon Department of Land Conservation and Development, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, and all four Citizen Involvement Teams were notified of the proposed amendment and did not respond. ATTACHMENT: Exhibit A - Proposed Development Code Text Changes December 17. 2003 P EPA D BY: MORG N TRACY DATE Associate Planner December 17, 2003 APPROV :D CK DE ERSD FF DATE Planning Manag i I i ZOA2003-00002 PAGE 6 OF 6 1/05/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Applicant's Proposed Amendment Language 18.780.015 Definitions 1. "'A'-{beam] frame sign." means any double face temporary rigid sign; 52..Ternporary sign. means any sign, .{A-beard ame;} banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children.s balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 {B-?] can be met. Lawn signs are temporary signs placed on private property supported by one stick, post rod, or A-frame in or on the ground. 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of f4-2q 24 square feet in the [R 1, R 2, R 3.6, R , and R 71 residential zones plus one sign not to exceed 4 inches by 24 inches may additionally be attached to a lawn sign; b. A frame signs no greater than 6 square feet per face in any of the above residential zones provided they are placed on private property and not within the public right of way or obstruct the clear vision area described in Chapter 18.795. Said A-frame signs are permitted only between the hours of 8 AM and 6 PM. 2. Signs not oriented or intended to be legible from a right-of-way, other property or from the air; 18.780.100 Temporary Signs A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs issued by permit shall not exceed one for any use at any one period of time; such signs are not permitted for single- family and duplex dwellings. Exempted lawn signs in residential zones are not governed by this provision-, 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single-family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; 5. A balloon as provided in Subsection 18.780.090 C. D. Location. The location of a temporary sign requiring a permit shall be as approved by the Director. Exempted lawn signs shall be placed only on private propert y, outside of the public right of way, and may not obstruct the clear vision area. E. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures. E A/pil~es tne ad UTcc c y City Council presentation Pte`-'V'Z__ If "q A-frames in residential zones Thank you Mr. Mayor, members of the council The applicant, Heather Adams, filed an application to amend the sign code on October 27, 2003 to address issues she has faced trying to advertise homes for sale in Tigard. The City's sign ordinance currently prohibits A-Frame signs (signs that fold in the middle, typically have signage on both faces, and are freestanding in an "A" shape configuration) in residential zones. City staff has actively enforced this provision, either contacting the sign owner to alert them that the sign needed to be removed, impounding the sign, or issuing citations in certain cases where repeat offenses have occurred. Area real estate agents have commented that the use of A-frame signage to advertise open houses, and provide directional information is common industry practice. The City allows the use of "lawn signs", exclusive of A-frame signs in residential zones, although these lawn signs are limited to a total of 12 square feet in size in some residential zones and 24 square feet in others, and must be posted on a single stake. In summary, the applicant's amendments accomplish the following objectives: • Reclassifies "A-frames" as a type of "lawn sign" by defining lawn signs as "temporary signs placed on private property supported by one stick, post, rod, or A- frame in or on the ground." • Allows all lawn signs in residential zones exempt from permit and fee. • Makes a consistent allowance of temporary signage between medium and high density residential zones (presently 24 square feet) and low density residential zones (presently 12 square feet). • Creates a provision for an additional 4"x24" rider sign beyond the 24 square feet. • Places size limitations on A-frames of 6 square feet per face. No size limitation to other types of temporary signs was proposed. • Requires that A-frames be placed on private property, out of the right of way, and not obstructing vision clearance areas at intersections and driveways. i During the planning commission hearing, the commission found that the 6 square foot size limitation was too large, that 4 square feet was more appropriate, and that the size limitation should be applied to all types of lawn signs-not just a-frames. There was also discussion about limiting directional signs, but a lack of consensus among commission members and the diffiGUIty in defining such a sign in a content i neutral mariner resulted in this issue being dropped. i s ISSUES: As we proceed in this next level of public review, there are two primary issues that need to be raised. 1) First, due to the construction of the sign code and the manner in which one of the definitions is written, a-frame signs would have no longer been allowed in F t commercial zones. A revision is suggested to change the definition of Lawn Sign: This change affects 18.780.015 (definition of lawn sign) PROPOSED REVISION c. Lawn Sign - temporary signs placed on private property supported one stick, post, rod, or A-frame in or on the ground. A lawn #reestaRdiag sign in residential zones w#iGh is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 IB2-.) can be met. A lawn sign in commercial or industrial zones is subiect to temporary permit requirements as provided for in Subsection 18.780.100. AS PRESENTLY PROPOSED IN ORDINANCE c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 {132-} can be met. Lawn signs are temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the ground. 2) Second, Staff received comments from Bill Gross, a Tigard citizen, noting that the amendment as modified by the planning commission would place a restriction or further limitation on allowable land uses in the R-12 and R-24 residential zones. A copy of his written testimony has been provided to you. He alleges that since temporary lawn signs up to 24 square feet are presently allowed with no individual "per face" size limitation, the proposed 4 square foot restriction triggers the requirement for Ballot Measure 56 notice. Staff has discussed this issue with legal staff, and agree that Ballot Measure 56 notice would be required in this case. Ballot Measure 56 requires that any change to development codes that has the effect of restricting land uses on a property requires that each affected property owner be individually noticed. The applicant's legislative amendment lessened restrictions on signage in residential zones, and therefore only generalized notice of the amendment was published in the paper. Any time, place, or manner limitations on the proposed a-frames in residential zones are valid without Measure 56 notice, since these signs are presently not allowed. With regard to the limitations on the size of lawn signs apart from the a frames, the council Sias several courses of action available: 1) r.;.-:ecide to restrict the amendment to limitations on A-frame signs, 2) continue the hearing to provide time for staff to begin proper Ballot Measure 56 notice. Notice in this case would need to be sent to all residentially zoned properties. 3) proceed with adopting the amendment as modified by the planning commission and city council discussion, and direct staff to begin the process to readopt the amendment with proper notification. Staff recommends that the council modify the code amendment with staffs language correcting the omission to allow a-frames in commercial and industrial zones, as previously described, and strike language from the proposed amendment pertaining to limitations on the size of temporary lawn signs, apart from the four square foot per face size limitation on A-frames. A copy of the final amendment language to accomplish these recommendations has been prepared, in case the council decides to proceed with staffs recommendations. Staff is available for any questions now, or following the public testimony. • i i i Vt'1 ~ wl yr Sep c a c,1 oy Bill Gross ~~0~-7 !oy 11035 S.W. 135" L : oZ Tigard OR 97223 503-524-6325 January 26, 2004 ~j City Council City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Code amendment to allow temporary A-frame signs in residential zones - ZOA 2003-00002 Sub: No notice to redefine and limit lawn signs in residential zones Dcar Mayor Dirksen and Councilors: This amendment now redefines and limits lawn signs in residential zones. The amendment redefines a lawn sign as a sign supported by one stick, post or rod. Many existing lawn signs are single-faced or double-faced plywood signs supported by two or three posts. Homebuilders use these signs to market new subdivisions. The amendment now outlaws these signs. The amendment reduces the maximum single-faced lawn sign from 24 square feet to 4 square feet, a reduction of 83%, in the R-12 and R-25 zones. Many existing single-faced lawn signs in these zones are much larger than 4 square feet. Homebuildcrs use these signs to market new subdivisions. The amendment now outlaws these signs. The amendment reduces the maximum double-faced lawn sign from 24 square feet to 8 square feet, a reduction of 67%. in the R-12 and R-25 zones. Many existing double-faced lawn signs in these zones are much larger than 8 square feet. Homebuilders use these signs to market new subdivisions. The amendment now outlaws these signs. The amendment, by default, redefines many existing signs in the R-12 and R-25 zones as temporary signs. The City limits temporary signs to 3 months per calender year. Homebuildcrs use temporary signs to market new subdivisions for much longer than 3 months. The amendment now outlaws these signs for 9 months each calender year. The City never published notice of an amendment to redefine and limit lawn signs before any hearings. The City specifically limited notice to an amendment to allow temporary A-frame signs in residential zones. The notice never implied an amendment other than one limited to A-frame signs. The notice never implied a general rewrite of sign regulations pursuant to TDC 18.390. The City never mailed notice of a proposed land use regulation that might limit or prohibit existing allowable land uses in the R-12 and R-25 zones to property owners in these zones pursuant to ORS 227.186 and Ballot Measure 56. City Council City of Tigard January 26, 2004 Page 2 I request the City Council to take one of several actions: a) Limit the amendment to A-frame signs in residential zones; b) Direct the Planning Commission to limit recommendations to A-frame signs in residential zones; c) Direct planning staff to publish and mail notice of a general rewrite of sign regulations and direct the Planning Commission to rehear any amendments. Sincerely, Bill Gross L C A Agenda ItemV or` ~`~rd ti CITY OF TIGARD, OREGON 1/27/04 - Rev. Ord. ORDINANCE NO. 04- AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18,780 TO ALLOW A-FRAME SIGNS WITHIN RESIDENTIAL ZONES, SUBJECT TO SIZE AND PLACEMENT LIMITATIONS, AND TO MODIFY THE AMOUNT OF TEMPORARY SIGNAGE THAT IS ALLOWED. WHEREAS, the applicant has requested a Zone Ordinance Amendment to amend the language of the Tigard Community Development Code Chapter 18.780 to allow A-frame signs within residential zones, subject to size and placement limitations, and modify the amount of temporary signage that is allowed in low and medium density residential zones; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and by motion modified the amendment so that the size limitation should be reduced from 6 to 4 square feet per face, and should be applied to all types of lawn signs, not just A-frames; and WHEREAS, the City of Tigard Planning Commission voted in favor of the modified amendment on a 4-2 vote with one member abstaining; and WHEREAS, the City Council held a public hearing on the request on January 27,,2004 and indicated they were supportive of the proposed development code text change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting the health, safety, and welfare of the Tigard citizens, as well as, the interests of business in Tigard; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and L WHEREAS, the City Council has found the following to be the only applicable review criteria: C Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 7 2.1.1; and Statewide Planning Goals I and 2; and i WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent g with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 04- Page I MMEMM SECTION 1: The specific text amendements attached as "EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2004. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2004. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 04- Page 2 FINAL TEXT AS RECOMMENDED BY STAFF 18.780.015 Definitions 1. "'A'-frame sign." means any double face temporary rigid sign; 52. Temporary sign. means any sign, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; STAFF'S PROPOSED REVISION 10111 c. Lawn Sign - temporary signs placed on private property supported one stick, post, rod, or A-frame in or on the ground. A lawn freestend o'g sign in residential zones whieh is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 {B2} can be met. A lawn sign in commercial or industrial zones is subject to temporary permit requirements as provided for in Subsection 18.780.100. 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of 24 square feet in residential zones; STAFF'S PROPOSED REVISION 5„ y b. Lawn A-frame signs shall be ngjreaAeS than square feet per face in any residential zon wn signVsha be p dced on private property and not within the public right of way nor shall such signs obstruct the clear vision area described in Chapter 18.795. A-frame signs are permitted only between the hours of 8 AM and 6 PM. 2. Signs not oriented or intended to be legible from a right-of-way, other property or from the air; L- VW 18.780.100 Temporary Signs Entered into the Record on I- arl• U\-{ By Agenda Item No. Exhibit A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs issued by permit shall not exceed one for any use at any one period of time; such signs are not permitted for single-family and duplex dwellings. Exempted lawn signs in residential zones are not governed by this provision; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single- family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; ` 5. A balloon as provided in Subsection 18.780.090 C. D. Location. The location of a temporary sign requiring a permit shall be as approved by the Director. Exempted lawn signs shall be placed only on private property, outside of the public right of way, and may not obstruct the clear vision area. E. Attachment. Temporary signs may not be permanently attached to the ground, buildings cr other :>suctures. s AGENDA ITEM No. 9 Date: January 27, 2004 PUBLIC HEARING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT AND CHAPTER 18.780 TO CLARIFY LANGUAGE PROHIBITING "BILLBOARDS" (ZOA 2003-00003) Dale to Time Constraints City Council May Impose A Time Limit on Testimony I:WDM\GREER\CrrY COUNCIOCCSIGNUMPH TESTIMONY LEG - ZOA.DOC EMIR AGENDA ITEM No. 9 Date: January 27, 2004 PLEASE PRINT Proponent -_(Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. L C D a Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. i I 1 7~ R AGENDA ITEM # y-Q, FOR AGENDA OF January 27, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Billboards & Freestanding Freeway Oriented Sims Code Amendment (ZOA2003- 00003) PREPARED BY: Brad Kilby DEPT HEAD OK f Y MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve a requested Zone Ordinance Amendment to amend the Tigard Development Code Chapter 18.230 with regard to the definition of "responsible party" and the administration of Chapter 18.780 with regard to "Billboards" and "freestanding freeway-oriented signs?" STAFF RECOMMENDATION Staff recommends approving the requested Zone Ordinance Amendment as amended by motion of the City of Tigard Planning Commission. INFORMATION SUMMARY On April 13, 1993, the Tigard City Council, by majority vote, agreed to prohibit billboard signs in the Tigard city limits, and to remove the approval criteria for billboard signs from the Special Condition Signs section of then TDC Section 18.114.090. Earlier this year, West Coast Media, LLC, and later Media Arts, Inc. applied for building permit approval to construct "freeway oriented" signs under the premise that, if they received approval from ODOT and pursuant to the Oregon Motorists Information Act (OMIA), they would not be subject to separate review from the City of Tigard. City planning staff recommended to the Building Official that the building permits for the signs be denied after finding that the signs that were applied for exceeded the maximum allowable size and height for "freeway oriented" signs, and that in fact, the signs that were applied for appeared to be billboards. The Building Official denied approval of the permits, and the two companies filed appeals with the Oregon Land Use Board of Appeals. The appeals were based on language in Tigard Development Code, Chapter 18.780. Subsequently, staff requested an interpretation from the Community Development Director that was appealed to the Tigard City Council. The City Council heard the appeals on June I O'h and July 8'h 2003. The Council resolved to uphold the Community Development Director's interpretation. The appeals at LUBA continued. In the meantime, staff in coordination with the City Attorney, has drafted changes to be considered as code i amendments. The other issue that is proposed for amendment is to ensure that the definition of "responsible party" in the Development Code is consistent with the definition of "responsible party" in the Municipal Code for enforcement proceedings. In summary, the amendments will accomplish the following objectives: • Amend the definition of "Responsible party" in Section 18.230.030 to be consistent with the definition of "Responsible party" in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code (TDC) Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. • Amend the definition of "Billboard" to mean signs larger than the maximum size allowed. • Delete the term "Billboard structure." • Delete the term "Public sign." • Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. • Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. Attached as "Attachment 1" is the ordinance adopting the proposal. The Planning Commission recommendation and draft meeting minutes are attached as "Attachment 211. OTHER ALTERNATIVES CONSIDERED Deny the request or approve it with revisions. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY 1. "Community Character and Quality of Life"- Develop strategies to balance needs of new and infill development with need to provide preservation and protection of open space, natural areas, and other defined aesthetic qualities valued by those who already live and work in Tigard. ATTACHMENT LIST Attachment 1: Ordinance adopting the code amendments Exhibit A-1: Proposed language changes Attachment 2: 115103 "Draft" Planning Commission Meeting Minutes Attachment 3: Staff Report to the Planning Commission FISCAL NOTES N/A i CITY OF TIGARD, OREGON Attachment 1 ORDINANCE NO. 04- AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT "BILLBOARDS" WITHIN THE TIGARD CITY LIMITS. WHEREAS, the City of Tigard has requested a Zone Ordinance Amendment to amend the language of the Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of "responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that serves to prohibit "billboards" within the Tigard City limits; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and unanimously recommended approval of the proposed amendment by motion; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting the health, safety, and welfare of the Tigard citizens, as well as, the interests of business in Tigard; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. i i j NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: r r SECTION 1: The specific text amendements attached as "EXHIBIT A-1" to this Ordinance are hereby adopted and approved by the City Council. ORDINANCE No. 02- Page 1 SECTION 2: An emergency is declared to protect the health, safety, and welfare of the Citizens of Tigard. This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2004. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2004. Craig Dirksen, Mayor Approved as to form: City Attorney Date C 1 1 1 I ORDINANCE No. 02- Page 2 Attachment 2 • DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 5, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Bienerth, Buehner, Caffall, Haack, Munro, and Sutton Commissioners Absent: Commissioners Mores and Webb Staff Present: Dick Bewersdorff, Planning Manager; Morgan Tracy, Associate Planner; Brad Kilby, Associate Planner 3. PLANNING COMMISSION COMMUNICATIONS Rex Caffall was welcomed as a new Planning Commissioner; the new Planning Commission alternate, Kathy Meads, was introduced. 4. APPROVAL OF MINUTES It was moved and seconded to approve the December 1, 2003, meeting minutes as submitted. The motion passed unanimously. It was moved and seconded to approve the December 8, 2003, meeting minutes as submitted. The motion passed by a vote of 5-0. Commissioners Padgett and Sutton abstained. 5. ELECTION OF VICE-PRESIDENT Judy Munro was elected as Vice-President of the Planning Commission. 6. PUBLIC HEARINGS 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00002 TEMPORARY A- FRAMES IN RESIDENTIAL ZONES SIGN CODE AMENDMENT i REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow temporary A-frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page I STAFF REPORT Associate Planner Morgan Tracy presented the staff report. He reported that this amendment has been proposed by a private citizen on behalf of several in the real estate profession. The issue at hand is that A-frames are prohibited forms of signage in residential zones. A-frames used to advertise open houses in other areas, (or sometimes even within Tigard, although they shouldn't have been there). This is a fairly common practice of real estate agents to direct potential clients and "Sunday drivers" to their showings. Staff has routinely impounded signs and cited people who place A-frames in residential zones (more often though, this has been the result of those signs being placed in the right-of-way). To address the needs of real estate agents, the applicant met with staff to develop some preliminary text revisions. Staff suggested that certain limitations be added to protect neighborhoods from sign accumulation and clutter. The proposed amendment language is the result of that collaboration. Staff has since discovered that due to the construction of the sign code and the manner in which one of the definitions is written, A-frame signs would have no longer been allowed in commercial zones. A revision is suggested to change the definition of Lawn Sign: c. Lawn Sign - temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the around. A lawn fFeestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060192- can be met. A lawn sign in commercial or industrial zones is subject to temporary permit requirements as provided for in Subsection 18.780.100. This resolves the issue with allowing A-frames in commercial zones, however, there remains a disparity between the two zoning classifications in that commercial zoned properties are required to obtain a $15 permit good fot 30 days to place their signs, while residentially zoned properties do not. Considering the amount of time most residential A-frames would be used (for garage sales, estate sales, open houses) staff feels that a permitting process for these signs would be burdensome to property owners and staff alike. The City's code enforcement officer notes that the majority of sign enforcement is due to placement of signs in the right-of-way, and that this amendment will not resolve those problems. Other issues, such as monitoring when signs are removed, may also be problematic, although it is acknowledged that this provision is intended to discourage signs from being left out for "extended" PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 2 periods of time. Staff recommends that the Planning Commission amend the sign regulations as proposed by the applicant, with the change previously noted along with any other alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. Tracy advised that A-frames are generally allowed in most jurisdictions. He also advised that there are specific sign regulations with home occupation permits. APPLICANT'S PRESENTATION Heather Adams, 12655 SW North Dakota St., Tigard, OR 97223, testified that homeowners are upset that realtors cannot use A-frame signs in the City of Tigard and that she has received citations when she used the signs. She showed signs that the realtors are hoping will be approved. She stated the realtors were not asking to put the signs in the right-of-way. Martha Brooks, 5331 SW Macadam Ave., Suite 207, Portland, OR 97239, spoke on behalf of the Portland Metropolitan Association of Realtors. Her testimony is attached as Exhibit A. Commissioner Sutton asked about the importance of an A-frame sign as opposed to a sign on a stick. It was acknowledged that off-site directional signs are easier to place if they are A-frame signs. PUBLIC TESTIMONY - IN FAVOR Rob Blakely, 11645 SW Hazelwood Loop, Tigard, OR 97223, said he is embarrassed that Tigard has such a restrictive sign code and urged the Commission to approve the proposed amendments. Pat Savage, 16902 SW Steele Way, Beaverton, OR 97006, testified that she has had directional signs removed that were not in the right-of-way. She asked why signs couldn't be placed in the right-of-way if they weren't in anyone's way. Melvin Broadous, 7885 SW Fanno Creek Dr., Tigard, OR 97224, noted the difficulty in complying with regulations and still being able to do business. He encouraged the proposed changes to allow more signage area. Michael Curtis, 12549 SW Main St., Tigard, OR 97223, said this is an issue in every municipality. He reported that signage is best way to advertise. He believes at least 50% of his business comes from advertising with signs. Bill Barry, 7535 SW Greenwood Dr., Portland, OR 97223, asked the Commissioners if they had ever sold a home and, if so, did signs help in the sale. Mike Lavios, 2450 Glen Haven Rd., Lake Oswego, OR 97034, said other speakers had already addressed his issues. PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 3 Richard Boyce, 7800 SW Bond St., Tigard, OR 97224, spoke on behalf of the Business Advocacy Committee to the Tigard area Chamber of Commerce. This issue has been discussed by their group several times. They are in support of this ordinance amendment. Commissioner Buehner noted that people have differing opinions about the number of signs (too many or not enough) in Tigard. Jim Poison, 14400 SW McFarland Blvd., Tigard, OR 97224, said he would personally like to see directional signs disappear, but A-frames are essential to doing business. Bill Hester, 15962 SW Enna Ct., Tigard, OR 97224, complained about the Code Enforcement Officer. PUBLIC TESTIMONY - IN OPPOSITION None PUBLIC HEARING CLOSED After discussion, Commissioner Buehner moved to recommend to Council to amend all of the subsections related to application ZOA 2003-00002, to amend the code to provide that the sign code allow signage up to 24 square feet in residential zones and specifically allowing A-frame signs (to delete them from the ban) and putting them under "Temporary Signs", but only on the property of the owner. There was no second to the motion. The motion failed due to a lack of a second. Commissioner Sutton moved that the Planning Commission recommend to Council that they approve the sign ordinance amendment, ZOA 2003-00002, as written, with the exception in section 18.780.060 that the total of 24 square feet include all signs, including the 4"x24" riders (strike the "plus one sign not to exceed 4 inches by 24 inches may additionally be attached to a lawn sign") and a further exception that instead of 6 square feet per face, that it be 4 square feet per face on any of the signs withr?I that 24 square feet, to apply to all residential zones. There is no point in distinguishing between A-frames and stick signs; the maximum shall be 4 square feet per face on any of the signs, with a maximum of L 24 square feet per property. Commissioner Haack seconded the motion. The motion passed by a vote of 4-2 with one abstention. n 6.2 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT q REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to u clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 4 18.390 and 18.780. STAFF REPORT Associate Planner Brad Kilby presented the staff report. He reported that in April 1993, the Tigard City Council agreed to prohibit billboard signs in the Tigard city limits, but in the course of writing code, there were some terms that were left vague. Earlier this year, two companies applied for building permits to construct billboards along Hwy. 217. The City denied the permits based on the size and heights of the signs. The companies filed appeals with the Oregon Land Use Board of Appeals. The City prevailed with the appeals, however, LUBA thought we needed to clarify our code. The proposed amendments will accomplish the following objectives: • Amend the definition of "Responsible party" in Section 18.230.030 to be consistent with the definition of "Responsible party" in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code (TDC) Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. • Amend the definition of "Billboard" to mean signs larger than the maximum size allowed. • Delete the term "Billboard structure." • Delete the term "Public sign." • Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. • Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED After discussion, Commissioner Buehner, with regard to ZOA 2003-0003, moved i that the Commission recommend to City Council approval of the proposed changes to the sign code amendment and section 18.280 as submitted, based on findings in the staff report and discussion held. Commissioner Caffall seconded the motion. The motion passed unanimously. 7. GOAL 5 SITE SPECIFIC ESSE ANAYLSIS UPDATE/RECEIVE PLANNING COMMISSION COMMENTS This agenda item was cancelled. It will be rescheduled for a later date. PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 5 8. OTHER BUSINESS The Commission will meet on January 26'h for a comprehensive Plan workshop. 9. ADJOURNMENT The meeting adjourned at approximately 9:10 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett i s i i PLANNING COMMISSION MEETING MINUTES - January 5, 2004 - Page 6 MIN Portland Metropolitan Association of Realtors® TESTIMONY BEFORE THE CITY OF TIGARD PLANNING COMMISSION JANUARY 5, 2004 ON CODE AMENDMENT TO ALLOW THE PLACEMENT OF TEMPORARY A-FRAME SIGNS IN RESIDENTIAL ZONES ZOA 2003-00002 Good evening. I am Martha Brooks, vice president of Governmental Affairs for the Portland Metropolitan Association of Realtors® located at 5331 SW Macadam Avenue, Suite 207, Portland, Oregon 97239. In addition to serving in this capacity, I am also a Realtor o, with more than 16-years of experience, with an office in the Tigard Triangle. On behalf of the 5700 members of the Portland Metropolitan Association of Realtors', I urge your support of the Zone Ordinance Amendment (ZOA 2003-00002) to allow temporary a-frame signs in residential zones. The proposed amendments before you are the result of Realtors® sitting down with City Staff to find a way that will allow Realtors to adequately market the citizen's of Tigard's homes without seriously compromising the appearance of the City. We appreciate being able to work with City Staff on drafting the amendments. Dick Bewersdorff and Morgan Tracy were easy to work with and accessible through out the process. They should be complemented The proposed amendments to the City's Development Code will facilitate active home sales to the benefit of the entire community. No one-the seller, the neighbors, or the police-want a home on the market or sitting vacant for an unnecessarily long period of time. A-frame signs properly direct prospective homebuyers to the homes for sale or rent and underscore a vibrant marketplace. i ~ j Every day, individuals and families are buying and selling homes in Tigard. In 2002, Realtors® helped sell more than $286 million worth of property in the City. In 2003, Realtors® were part of transactions totaling more than $329 million. The benefit to the community of home sales is extensive. It is estimated that roughly 30-percent of the new home occupant's income is spent on items produced by local businesses, such as medical care, daycare, and services such as dry cleaning and auto repair (source: The Importance of America's Housing Sector to the Economy, David Lereah, National Association of Realtors', Winter 2003). 5331 SW Macadam Avenue, Suite 207 Portland, OR 97239 503.228.6595 REAlrord Fax 503.228.4170 Portland Metropolitan Association of Realtors® Before the City of Tigard Planning Commission January 5, 2004 Page 2 Helping maintain the vitality of a city-a community-is what Realtors® do. Realtors® are business people who serve the community; assist the residents and tax payers of the city. We help people realize the American Dream of homeownership. One of the tools we use in our business is signs. We place signs on the property to communicate to potential buyers. We use signs to assist people in finding homes in this community that are for sale. Our clients ask us to use, and want us to use, signage to market their home. We fully support the proposed changes to the City's code that will increase the allowed square footage of sign and allow A-frame style signs on private property in residential zones. The increase in allowed square footage allows the home seller to convey a message as to the value of the home to the potential buyer. It can also let a potential buyer know when the house will be open for viewing. A-frame signs-simply a four-sided sign with a message on two sides-are an industry standard which are easily recognized by the public as a communication tool used by Realtors o. A-frames are less intrusive to the environment in that they are not stuck into the ground where damage can be done to irrigation systems and vegetation. A-frames are temporary in nature being put up and removed frequently. And, moved from location to location. It is not practical that they be a stick-sign. We agree that the hours of allowed use should be limited to 8:00 a.m. to 6 p.m. Real estate open houses, garage and estate sales, Christmas tree recycling and the like are events that do not extend into the evening hours. Thus there is no need for the a-frame sign to remain standing beyond 6 p.m. In conclusion, the members of the Portland Metropolitan Association of Realtors ask you support of the sign code amendments before you and ask that you recommend to the City Council adoption of the changes. I appreciate your consideration of these comments and am available to answer any questions. _J Thank you. U J q Attachment 3 Agenda Item: 4 Hearing Date: January 5. 2003 Time: 7:30 PM 't'_.~+`~ix??^~(• y;}} } r d~+° . t a~.~s'S~i .~,~'eM4+t,Mr'~C; ti°~.} ! r^`.x •~i .lr~ Ifl~~jl~~~.~ii v'I,.t•,(,.,(~,s Yt 4',}Ft,fy i <y~~ ..~.~tS' y(?t~c..r'~~y '.7r' D r r y~i"f`~' !t ~.r} Tf~'; •j.,Z ffy[~xfi T . ~ r , ~T';'+~i~r~; 'f~ ~Y,AI~'~Tr~g~d► ~`ac 44 r.{r4MMI~S1~N~r{"~4ofit''YjttT) 1 !R1(~r,.y,CITYOFTIOARD ;e2 d a 49 ~ C. +1•``. t''! Yf i, i{ : dtv - k a 'Fj n 1>..i° r . . !(,ommun1}.~'V'VVqpmeat 7 , i' .~.,,~J' . r ~ • ,~•.tb'~ ~.r.. hf tf,~, ~i' • G ~ ~ r t mss. i. t+ i t J 1. ~~eLterL~Pmmumty r'yI~TCITYY{OFTIG/~RD.O.REGO.N Fr,~';~' ~,~r yw, t lh x tf K f aff'' 1 ? u k + "t~~t' x +F~~~~.~l ~ AtM B fF ~ y i:4'u . t" 1' NPR SECTION I. APPLICATION SUMMARY FILE NAME: SIGN CODE AMENDMENT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2003-00003 PROPOSAL: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway oriented signs," and to amend the language of Section 18.230.030 to make the definition of "Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). APPLICANT: City of Tigard Attn: Brad Kilby 13125 SW Hall Boulevard Tigard, OR 97223 ZONE: N/A. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.230 18.380, 18.390 and 18.780; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals land 2. SECTION II. STAFF RECOMMENDATION aT .fir atr~'-r.~ "',~"•rt,~"YS'Yr°'r'~`!.'~' ~ . sx r~}.x~fi~ ~ r,"2^'^^ t"'~""~i~~' w ,s p~"Ci ' sS a ec , s:< th,~} P of i, Co , issi ' ; epa tW1111'Ig~90 Geode as n q ' P (I .:h~' c s ake =reco e. t o t' ' eTlgarcl':' ZOA2003-00003 PAGE 1 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION III. BACKGROUND INFORMATION On April 13, 1993, the Tigard City Council, by majority vote, agreed to prohibit billboard signs in the Tigard city limits, and to remove the approval criteria for billboard signs from the Special Condition Signs section of then TDC Section 18.114.090. Earlier this year, West Coast Media, LLC, and later Media Arts, Inc. applied for building permit approval to construct "freeway Oriented" signs under the premise that if they received approval from ODOT and pursuant to the Oregon Motorists Information Act (OMIA) they would not be subject to separate review from the City of Tigard. City planning staff recommended to the Building Official that the building permits for the signs be denied after finding that the signs that were applied for exceeded the maximum allowable size and height for "freeway oriented" signs, and that in fact, the signs that were applied for appeared to be billboards. The Building official denied approval of the permits, and the two companies filed appeals with the Oregon Land Use Board of Appeals. The appeals were based on language in Tigard Development Code, Chapter 18.780. Subsequently, staff requested an interpretation from the Community Development Director that was appealed to the Tigard City Council. The City Council heard the appeals on June 10th and July 8th 2003. The Council resolved to uphold the Community Development Directors' interpretation. The appeals at LUBA continued. In the meantime, staff in coordination with the City Attorney has drafted changes to be considered as code amendments. LUBA heard oral arguments on November 20, 2003, and expects to issue a decision on this issue sometime in late December. The other issue that is proposed for amendment is to ensure that the definition of "responsible party" in the Development Code is consistent with the definition of "responsible party" in the Municipal Code for enforcement proceedings. Currently, the definition of "responsible party" in the Tigard Development Code is less inclusive than the definition of "responsible party" in the Tigard Municipal Code. Recent decisions in court have resulted in the City not being able to hold property owners, managers, and agents responsible for violations at their properties when cited under Title 18, and, to instead only cite the tenants. In cases as widely varied as illegal signs to illegal usages of properties, the current Title 18 definition restricts the City from forcing landowners to take an active and proactive role in L their properties. This alleviates the owners and managers of properties of their responsibility r to supervise their assets, leaving the burden on the City and the neighbors. By only being 7 able to cite the tenants, workloads and problems are seen repeatedly in the same locations as tenants change. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means a of a Type IV procedure, as governed by Section 18.390.0606. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; ZOA2003-00003 PAGE 2 OF 5 115/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 - Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Any applicable Metro regulations; There are not applicable Metro regulations with respect to signage or enforcement. Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Notices of all hearings are published in the Tigard Times, and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Any applicable provision of the City's implementing ordinances. ZOA2003-00003 PAGE 3 OF 5 115/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION E_ = - 0 Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.230: This chapter establishes enforcement procedures for violations of the Tigard Community Development Code. This section is not considered an applicable review section for the purpose of this application. Rather, the term "responsible party" from this section is proposed to be changed. Code Section 18.780: The purpose of this chapter is to regulate the size, location, quality of materials, and maintenance of all signs visible from the public right of way. Again, this section of the code is not an applicable review section for this application. The proposal at hand would affect the language and definitions of this section. SECTION V. STAFF ANALYSIS The legislative history is clear. The legislative body of the City of Tigard, and therefore the citizens elected spokesmen have chose to prohibit "Billboards" not once, but twice in the past ten years. That decision has been jeopardized by language that is arguably vague and other language that was inadvertently left in the Development Code. While we cannot control the content of signs, we do have the ability to regulate size, location, and even building materials in the interest of health, safety, and welfare. In summary, the amendments will accomplish the following objectives: Amend the definition of "Responsible party" in Section 18.230.030 to be consistent with the definition of "Responsible party" in the Tigard Municipal Code. Amend the Purpose statement of the Tigard Development Code (TDC) Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. Amend the definition of "Billboard" to mean signs larger than the maximum size allowed. Delete the term "Billboard structure." Delete the term "Public sign." Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. ZOA2003-00003 PAGE 4 OF 5 1/5/03 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. SECTION A. OTHER ALTERNATIVES As this is an amendment to clarify the legislative intent as reflected by the past and recent actions of the Tigard City Council, the other alternative is to leave the development code as is. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The Tualatin Valley Fire and Rescue Department has had an opportunity to review this proposal and has found that the proposal does not conflict with their interests. The City of Tigard Engineering Department has had an opportunity to review this proposal and have no objections. The City of Tigard Public Works and Operations Department has had an opportunity to review this proposal and have no objections. The City of Tigard Police Department has had an opportunity to review this proposal and have no objections. The City of Building Division has had an opportunity to review this proposal and have no objections. Washington County Department of Land Use and Transportation, DLCD, ODOT, Tualatin Valley Water District, Clean Water Services, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. ATTACHMENTS Exhibit A: Proposed amendments to the Community Development Code Chapters 18.230 and 18.780. e "S-z ~ December 19. 2003 PREPARED BY: Brad Ki by DATE Associate Planner YAY 64. December 19, 2003 APPROVED BY: Richard Bewersdorff I/V DATE Planning Manager ZOA2003-00003 PAGE 5 OF 5 1/5103 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION "EXHIBIT A" PROPOSED CHANGES ADDITIONS: Indicated by U DEREM DELETIONS: Indicated by ) (Additionally, a bar in the far right margin also indicates where a change has been made. Example:-)~ Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop-Order Hearing 18.230.010 Provisions of this Title Declared to be Minimum Requirements A. Minimum requirements intended. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. B. Most restrictive requirements apply. When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 Penalty A. Class 1 penalty. A violation of this title shall constitute a Class 1 civil infraction which shall be processed according to the procedures established in Chapter 1.16 of this code, Civil Infractions. B. Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. Abatement of violation required. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. D. Responsible paft. if a provision of this leis viola. d' 1 u r. this ear"Responsible party" means the person responsible for curing or remedying a violation which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner: 2 The person occupying the property, including bailee lessee tenant or other person having possession; Enforcement 18.230-1 11126198 3. The person who is alleged to have committed the acts or omissions created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. 18.230.040 Complaints Regarding Violations A. Filing written complaint. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. File complaint with Director. Such complaints, stating fully the causes and basis thereof, shall be filed with the Director. The Director shall properly record such complaints, investigate and take action thereon as provided by this title. 18.230.050 Inspection and Right of Entry A. Right of entry. Whenever the Director has reasonable cause to suspect a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Director may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. Search warrant. If consent cannot be obtained, the Director shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 18.230.060 Abatement of Violations A. Abatement of violations. Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings. 18.230.070 Stop-Order Hearing A. Stop order issued. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. Stop-order hearing. The Director shall schedule a hearing if requested on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be; 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.390.050; or 2. Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven (7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes Enforcement 18.230-2 1112"8 i Chapter 18. 80 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time, place and manner of a sign not on its content B. Sign quality. In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and regulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance, or state or federal law. the Gregen Mete FistIlnla Signs 18.780-1 SE Update: 03102 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110, Definitions, and are as follows: 1. " `A' board sign" means any double face temporary rigid sign; 2. "Abandoned sign" means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area" - see Section 18.780.085 for definition of sign area; 4. "Awning sign" means a wall sign incorporated into or attached to an awning; 5. "Balloon" - see "Temporary sign"; 6. "Banner" - see "Temporary sign"; 7. "Bench sign" means a bench designed to seat people which carries a written or graphic message; 8. "Billboard" means a a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. 9. "Billboard sftueture" means the sWdetuml fi:amewerk whieh supports a billboard-, 91-1-0.-"Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. - 11.-"Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; 11. -14.-"Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. --4-3-.-"Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 13. 14. "Development review" means the site development review process set forth in Chapters 18.360; Signs 18.780-3 SE Update: 03102 14. 4-3-"Directional sign" means a permanent sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which the public is directed; 15. 16. "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message; 16. - :7. "Electrical sign" means any sign utilizing electrical wiring; 17. 4-&.-"Electronic information sign" means signs, displays, devices or portions thereof with lighted messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating, revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 18. 4.9-"Face of a building" means all windows and wall areas of a building in one or more parallel planes; 19. 29--"Flashing sign" means any sign which is illuminated by an intermittent or sequential flashing light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source; 20. 24--"Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically aligned roof, 21. 2-2-"Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole and not attached to any building; 22. 2-3-.-"Freeway interchange" means any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a surface street; 23. 24-"Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 24. 25. "Frontage" means the length of the property line of any one premises along a public roadway; L ~ 25. -26-"Housing complex" means a grouping of one or more single-family attached residential units or one or more multi-family residential units; d 26. 24. "Immediate or serious danger" means: u a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type structure or similar structure, Signs 18.780-4 SE Update. 03102 and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 27. 2$-"Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 28. 29. "Lawn sign" - see "Temporary sign"; 29. --30. 'Lighting methods" means: a. Direct - exposed lighting or neon tubes on the sign face; b. Flashing - lights which blink on and off randomly or in sequence; c. Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal - the light source is concealed within the sign. -"Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, 30. 34- changing and repair of light bulbs and sign faces. Does not include structural alteration; 31. 32-"Nonconforming sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 32. 33-"Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 33. 34-"Painted wall decorations" means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 34. 33-"Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 35. M-. "Painted wall sign" means a sign applied to a building wall with paint and which has no sign structure; 36. 3-7-."Person" means individuals, corporations, associations, firms, partnerships and joint stock j companies; r 37. M-. "Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 38. -39-"Projecting sign means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached, except where there is an existing parapet; Signs 18.780-5 SE Update: 03102 M 39. 40-"Projection" means the distance by which a projecting sign extends from a building; 35. 41. "Publie sign" means signs legally ereeted fer traffie er fitfe"natienal purposes by or an behalf of a government ageney; 40. 42:--"Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 41. 43-"Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections; 42. 44-"Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted "roof' signs; 43. 45. "Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 44. 46. "Shopping center" means developments of not less than eight business units; 45. - 44. "Shopping plaza" means developments of between two and seven business units; 46. 48-"Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 47. 49-"Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 48. 30-"Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 49. &1-"Surface street" means a street which does not have limited access and which is not a freeway or expressway; 50. 32-"Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is i L not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: n a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; 7 b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; e. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 B2. can be met. 51. 33-"Tenant Sign" means a sign placed in control of a current tenant or property owner; Signs 18.780-6 SE Update. 03102 52. 3,4-"Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; 53. 55. "Wall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures" except "sign structures." 18.780.020 Permits Required A. Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Permits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. 13. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. i C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the i applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Exiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing. The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period; or signs 18.780-7 SE Update: 03102 I . The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. E -D. Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at ' such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-10 SE Update: 03102 C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: (1) Traveling light patterns ("chaser effect") shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. 1. For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type I process whether the sign meets all applicable City standards and provide that determination to any applicant for a state permit consistent with ORS 377.723. ' Signs 18.780-14 SE Update: 03102 2. Freeway-oriented signs shall be permitted only in the C-G, I-P, I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure I is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed. if dte sign is a billboard, then the pfevisions of- Subseeti sh&H-apply-1 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs; -allowed on' 10. Freeway oriented .-?1m.-inistrative approval of a sign peFm-*t F. Awning signs. 1. Awning signs shall be pennitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. I G. Flush pitched "roof' sign. i 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-15 SE Update: 03102 A. A~nlicability. For the purposes of this chapter, non-conforming signs will be defined as follows: 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. L D. 'Requirements for conformance. _C 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter; a 2. Billboard S-in-ex4stenee on the eff~etiye date of this title whieh do not eemply with Highway 99W on!y I, be- perm ed to remain i along ♦ l june 10, t nno BA ..hie time eh signs shall be '-ivught irate eonf0 Yty-: 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs Sign 18.780-17 SE Update: 03102 Agenda Item 19 re C.j .w. CITY OF TIGARD, OREGON 1/27/04 - Rev. Ord. r ORDINANCE NO.04- T AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.230 SECTION 030(D) TO MAKE THE DEFINITION OF "RESPONSIBLE PARTY" CONSISTENT WITH THE TIGARD MUNICIPAL CODE, AND CHAPTER 18.780 TO CLARIFY LANGUAGE THAT SERVES TO PROHIBIT "BILLBOARDS" WITHIN THE TIGARD CITY LIMITS AND TO DECLARE AN EMERGENCY. WHEREAS, the City of Tigard has requested a Zone Ordinance Amendment to amend the language of the Tigard Community Development Code Chapter 18.230, Section 030(D) to make the definition of "responsible party" consistent with the Tigard Municipal Code, and Chapter 18.780 to clarify language that serves to prohibit "billboards" within the Tigard City limits; and WHEREAS, the City of Tigard Planning Commission held a public hearing on January 5, 2004 and unanimously recommended approval of the proposed amendment by motion; and WHEREAS, the City Council held a public hearing on the request on January 27, 2004 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that signs that exceed the minimum dimensional requirements of "Free-way oriented freestanding" signs create visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and the community's appearance. The City Council determines that it is appropriate that the City Council make a finding and declaration that this Ordinance is necessary for the protection and preservation of public health, public safety, public property, and public peace and welfare, and that this Ordinance should be in full force and effect immediately on its adoption; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1.1.1 and 2.1.1; and Statewide Planning Goals 1 and 2; and i WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 02- Page 1 r 1D AGENDA ITEM # FOR AGENDA OF January 27, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bull Mountain Task Forces PREPARED BY: Jim Hendrvx DEPT HEAD OK Y MGR OK I.- ISSUE BEFORE THE COUNCIL Should Council establish various task forces to provide additional time for public discussion and understanding of key impacts, including costs and benefits of annexing the Bull Mountain area? STAFF RECOMMENDATION Establish the Bull Mountain Task Forces. INFORMATION SUMMARY On December 161h, Council voted to take no action on the Annexation Plan as proposed, with the intent to put it on a November, 2004 ballot. Council directed staff to form various task forces to provide additional time for public discussion and understanding of key impacts, including costs and benefits of annexation. Initially, the task forces shall consider several issues: Parks, Police, Library, Planning, Capital Improvements, Street Maintenance. The issues and number of committees could change. The objectives of the task forces are: ➢ develop an approach for transition of key urban services that occurs through annexation ➢ provide additional venue for public involvement and discussion ➢ develop a strategy for implementation of the Annexation Plan, e.g., funding, planning, etc. At the January 13, 2004 study session of the Council meeting, Council further specified that the task forces will consist of at least one member from the appropriate City of Tigard department, the appropriate counterpart from r Washington County, and an equal number of private citizens to be chosen from the Bull Mountain area and City ~ of Tigard residents. It has been suggested that we could draw upon existing Tigard committee members, e.g., Budget Committee, Planning Commission, Park and Recreation Board, etc., to serve on corresponding Bull Mountain task forces. 5 Each task force will be charged with producing a white paper of recommendation on their assigned issue, to be a completed on or before June 30, 2004. Council will then review, make changes if necessary, and approve the white paper. The white papers would be adopted by a separate resolution. This is necessary to separate the land use process associated with the Annexation Plan from the public outreach process. CORRECTION THE PRECEEDING RECORD OR DOCUMENTS HAVE BEEN REPHOTOGRAPHED TO ASSURE LEGIBILITY OR SEQUENCE AND THEIR IMAGE OR IMAGES APPEAR IMMEDIATLEY HEREAFTER. SECTION 1: The specific text amendements attached as "EXHIBIT A-I" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: An emergency is declared to protect the health,, safety, and welfare of the Citizens of Tigard. This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2004. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2004. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 02- Page 2 OEM AGENDA ITEM # FOR AGENDA OF January 27, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bull Mountain Task Forces PREPARED BY: Jim Hendrn DEPT HEAD OK Y MGR OK ISSUE BEFORE THE COUNCIL Should Council establish various task forces to provide additional time for public discussion and understanding of key impacts, including costs and benefits of annexing the Bull Mountain area? STAFF RECOMMENDATION Establish the Bull Mountain Task Forces. INFORMATION SUMMARY On December 161h, Council voted to take no action on the Annexation Plan as proposed, with the intent to put it on a November, 2004 ballot. Council directed staff to form various task forces to provide additional time for public discussion and understanding of key impacts, including costs and benefits of annexation. Initially, the task forces shall consider several issues: Parks, Police, Library, Planning, Capital Improvements, Street Maintenance. The issues and number of committees could change. The objectives of the task forces are: ➢ develop an approach for transition of key urban services that occurs through annexation ➢ provide additional venue for public involvement and discussion ➢ develop a strategy for implementation of the Annexation Plan, e.g., funding, planning, etc. At the January 13, 2004 study session of the Council meeting, Council further specified that the task forces will consist of at least one member from the appropriate City of Tigard department, the appropriate counterpart from Washington County, and an equal number of private citizens to be chosen from the Bull Mountain area and City of Tigard residents. It has been suggested that we could draw upon existing Tigard committee members, e.g., Budget Committee, Planning Commission, Park and Recreation Board, etc., to serve on corresponding Bull Mountain task forces. Each task force will be charged with producing a white paper of recommendation on their assigned issue, to be completed on or before June 30, 2004. Council will then review, make changes if necessary, and approve the white paper. The white papers would be adopted by a separate resolution. This is necessary to separate the land use process associated with the Annexation Plan from the public outreach process. It should be noted that Council had an opportunity to further define the role and composition of the various subcommittees at its January 20, 2004 meeting. Any revisions or recommendations made by Council will be finalized on January 27, 2004. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life, Goal #1, Communication - Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information in a variety of formats, providing opportunities for input n community issues and establishing and maintaining a program of effective two-way communication. ATTACHMENT LIST Attachment 1: Resolution No. 03-66, Approved by Council on December 16, 2003 FISCAL NOTES N/A AHOChmen4- 1 CITY OF TIGARD, OREGON RESOLUTION NO.03-Joi(Q_ A RESOLUTION DIRECTING STAFF TO HOLD A PUBLIC HEARING IN JULY, 2004 ON THE BULL MOUNTAIN ANNEXATION PLAN AND PLACE THE BALLOT MEASURE BEFORE THE ELECTORATE IN NOVEMBER., 2004. WHEREAS, for over 20 years, the City of Tigard and Washington County have recognized that Bull Mountain and its citizens would be best served by the City of Tigard; and WHEREAS, one of Council's goals is to establish an annexation policy for unincorporated non-island areas; and WHEREAS, the City of Tigard, along with Washington County began looking at the benefits and costs of annexing the Bull Mountain area in March 2001; and WHEREAS, the Bull Mountain Annexation study was completed in 2002, after input from Bull Mountain residents, which identifies potential costs and revenues for the area; and WHEREAS, in order to gage the public support for a potential annexation, a survey was conducted of registered voters in the unincorporated Bull Mountain area and the City of Tigard; and WHEREAS, the Draft Facilities and Services Assessment Report for the Bull Mountain Area was presented to Council in June and July 2003; and WHEREAS, ORS 195.220 authorizes "annexation plan" type annexations which allows territory to be annexed if a majority of all of the votes cast in the territory and the city favor the annexation plan; and WHEREAS, there are several steps leading up to an election on an annexation plan, including preparation of an annexation plan, public outreach, public hearing, preparation of ballot title, election, etc.; and WHEREAS, Council has considered the alternatives and determined that an annexation plan type of annexation is the most efficient and effective means to provide unincorporated Bull Mountain and Tigard residents the opportunity to decide on the issue of annexation while also addressing the City of Tigard and Washington County goals of annexing the unincorporated Bull Mountain area; and WHEREAS, per the Urban Service Intergovernmental Agreement between the City of Tigard and Washington County, the County shall allow the City to collect a Park System Development Charge (SDC) for new development for the period between the approval date of the Annexation-Plan and the effective date of the annexation; WHEREAS, Council reviewed and discussed the Bull Mountain Annexation Plan at the Dec. 2 and Dec. lb, 2003 and determined that the Plan meets the approval criteria as identified in ORS 195 and 222, Metro Code Chapter 3.09; Tigard Community Code Chapter 18; RESOLUTION NO. 03 - 10 ~D Page 1 L•\CDADMUERREEUIMIAnnexadonUZFSOLUT[ON 12-l"Idoc t Mill 111 WHEREAS, after receiving public testimony and submittals at the December 2, 2003 public hearing, Council determined that additional time is needed to work with Washington County and the public to communicate the benefits of the Bull Mountain Annexation Plan recommendations and to place the Plan before the voters. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Council directs staff to form appropriate subcommittees, consisting of Washington Comity representatives, Tigard residents, and unincorporated Bull Mountain residents to provide additional time for public discussion and review of key benefits of the Bull Mountain Annexation Plan; SECTION 2: Council will review subcommittee work by July 2004 and consider placing the Bull Mountain Annexation Plan on the November 2004 ballot with a July 1, 2005 annexation date; SECTION 3: Council requests that the Washington County Board of Commissioners accept this resolution as a commitment from the Tigard City Council and begin collecting parks System Development Charges in the unincorporated area to set the funds aside until the effective annexation date; SECTION 3: This resolution is effective immediately upon passage. PASSED: This 0ay of-be.2003. Mayor Pro TerA - City of Tigard ATTEST: at Greer A. Gaston, Deputy City Recorder RESOLUTION NO. 03 - 1P 10 Page 2 L-=ADMVE MLIkJ M\ 4nnexationUWSO=ON 12-16-03.doe J ! g Agenda Item No. Meeting of Z~- Cy AGENDA ITEM # I FOR AGENDA OF I C C rev I-s¢ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider Formation of the Planned Development Code Review Committee PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Consider formation of the Planned Development Code Review Committee. STAFF RECOMMENDATION Adopt the proposed resolution. INFORMATION SUMMARY Staff prepared the attached resolution to formalize the formation of the Planned Development Code Review Committee. OTHER ALTERNATIVES CONSIDERED Amend the resolution. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management: Goal 1- Growth is accommodated while protecting the character and livability of new and established areas while providing for natural environment and open space throughout the community. ATTACHMENT LIST Proposed resolution for Council consideration. FISCAL NOTES N/A ha&n%p k V4% 040127\p1~ drmlopmeM code corm Mm ebAM ONE I - ~7 CITY OF TIGARD, OREGON RESOLUTION NO. 04- A RESOLUTION TO FORM THE PLANNED DEVELOPMENT CODE REVIEW COMMITTEE WHEREAS, the Tigard City Council determined that a review shall be conducted of the Planned Development Section of the Community Development Code, Section 18.350; and WHEREAS, to recognize and support this group's work effort, the Council has determined that the group will be formalized as the Planned Development Code Review Committee. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Committee will be comprised of: • five people who live within the Tigard city limits O one person who will represent an environmental perspective • one person who will represent a building or engineering perspective S two current Tigard Planning Commission members SECTION 2: A Tigard City Council member shall be selected to serve as a liaison to the Planned Development Review Committee. SECTION 3: The Planned Development Review Committee is to review and to possibly recommend changes to the Planned Development Section of the Tigard Community Development Code; however, it is recognized that during the review process other Code sections may come to the Committee's attention, which could require revision. Before commencing on a review of Code sections other than the Planned Development section of the Community Development Code, the Committee shall first receive approval from the City Council. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2004. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard Y.ledm\Dxket 10A04012rolmmd develoMent code c rrAee m.dco - RESOLUTION NO. 04 Page I MR