city of north plains · pest control ¾ contracts with 2 control companies noise ¾ equipment...

NORTH PLAINS CITY COUNCIL - REGULAR SESSION AGENDA PACKET Monday, October 7, 2019

City of North Plains

Agenda

City Council - Regular Session Meeting

Monday, October 7, 2019 @ 7:00 PM

North Plains Senior Center

[Street Address]

Page

1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CONSENT AGENDA:

(The items on the Consent Agenda are normally considered in a single motion. Any item may be removed for separate consideration upon request by any member of the Council.)

A. Approval of October 7, 2019 City Council Regular Session Agenda B. Approval of September 16, 2019 City Council Minutes.

□ City Council - Regular Session - 16 Sep 2019 - Minutes

3 - 6

5. PUBLIC COMMENT:

(Persons wishing to speak on matters not on the agenda may be recognized at this time. Speakers must complete a “Public Comment Registration form” on the information table and return it to the City Recorder. You are not required to give your address when speaking to the City Council, only your name. Presentations are limited to five minutes.)

6. PRESENTATION A. Hillsboro Residential Food Scrap Program: Invited Agencies 30 min

□ North Plains Presentation - Recology

□ Hillsboro Food Scrap FAQ_2019 FINAL

7 - 20

7. RESOLUTIONS: A. Resolution No. 2067 - Economic Development Committee

Recommendation to fill Vacancy 10 mins □ Resolution No 2067 appointing Eric Lawson to the Economic Development Committee for a term through Dec 31 2020

□ Eric Lawson complete application redacted

21 - 23

B. Resolution No. 2066 - Award Glencoe Pedestrian Crossing Bid to

Contractor 15 min □ Res 2066 Glencoe Ped Crossing Contract Staff Report 10.07.19

□ Resolution No. 2066 Lee Contractors Approval 10.03.19

□ Kittelson Documents 10.07.19

24 - 31

8. PUBLIC HEARING / ORDINANCES: A. Ordinance No. 465 - Sign Code Amendment 20 min 32 - 73

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NORTH PLAINS CITY COUNCIL - REGULAR SESSION AGENDA PACKET Monday, October 7, 2019

□ Staff Memo - File 19-086 Signs Zoning Text Amendment

□ Proposed Sign Code Language Update 9.05.19

□ File 19-086 signed by PC Chairman

□ Ordinance No. 465 with Exhibit A B. Ordinance No. 466 - Garbarino Franchise Agreement 20 min

□ Ord 466 Garbarino Franchise Staff Report 10.07.19

□ Ordinance No. 466 North Plains Solid Waste Franchise clean 10.03.19

74 - 86

9. NEW BUSINESS: 10. UNFINISHED BUSINESS: 11. REPORTS A. City Manager Report

□ City Manager Staff Report 10.07.19

87 - 88

B. Council Reports C. Review October 2019 Council Calendar

□ 2019 Calendar of NP City Meetings

□ 2019 October Calendar all Meetings

89 - 90

12. ADJOURNMENT:

*****

North Plains City Council meetings are accessible for disabled individuals. The City will also endeavor to provide services for persons with impaired hearing or vision and other services, if requested, at least 48 hours prior to the meeting. To obtain services, please call City Hall at (503) 647-5555

*****

The following City Council Meetings are scheduled to be held at the North Plains Senior Center, 31450 NW Commercial Street, North Plains, Oregon.

The meetings will be held on the following dates at 7:00 p.m.:

Monday, October 21, 2019 Monday, November 4, 2019 Monday, November 18, 2019

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MINUTES City Council - Regular Session Meeting Monday, September 16, 2019 North Plains Senior Center 7:00 PM

COUNCIL MEMBERS:

Mayor Teri Lenahan; Council President Russ Sheldon; Councilors: James Fage, Robert Kindel, Jr., Cameron Martinez, Rickey Smith, Vacancy

STAFF PRESENT: City Manager Andy Varner, City Recorder Lori Lesmeister, Library

Director Robin Doughty, Police Chief Jesse Baker, Public Works Director Blake Boyles

OTHER:

1 CALL TO ORDER at 7:01 pm

2 PLEDGE OF ALLEGIANCE

3 ROLL CALL

4 CONSENT AGENDA:

(The items on the Consent Agenda are normally considered in a single motion. Any item may be removed for separate consideration upon request by any member of the Council.)

a) Approval of September 16, 2019 City Council Regular Session Agenda b) Approval of September 3, 2019 City Council Minutes.

City Manager Varner noted that there is no info for this month's finance report. There will be a Year-End report next month. Motion to approve the Consent Agenda. Moved by Councilor Kindel. Second by Councilor Fage. Motion was approved unanimously.

5 PUBLIC COMMENT: None

6 STAFF REPORTS a) Library Director's Monthly Department Report

Questions and brief discussion about partnering with the Parks & Rec Board for programs. Mayor Lenahan also suggested that Library Director Doughty invite councilors to take part in Story Time.

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City Council - Regular Session Minutes September 16, 2019

b) Police Chief's Monthly Department Report

Chief Baker stated that the police department phone number is now forwarded directly to the Washington County Sheriff's Office Dispatch. Brief discussion on National Night Out and some possible changes for 2020.

c) Public Works Director's Monthly Department Report Mayor Lenahan said she received notification that the City has received a 2019 Safety Award from CIS.

d) Land use applications for the previous month

e) Finance Report

7 RESOLUTIONS: a) Recommendation from Economic Development Committee for appointment of

Mohamed Ghoneim Move to approve Resolution No. 2063 appointing Mohamed Ghoneim to the Economic Development Committee for a term through December 31, 2021 Moved by Councilor Sheldon. Second by Councilor Fage. Motion was approved unanimously.

b) Declaring Council Vacancy due to Eimers resignation Move to approve Resolution No. 2064 Accepting Councilor Eimers' Resignation and Declaring a Council Vacancy Moved by Councilor Kindel. Second by Councilor Sheldon. Motion was approved unanimously.

8 PUBLIC HEARING / ORDINANCES: a) Second Reading Ordinance No. 463 Water Master Plan

Second reading of Ordinance No. 463 - Water Master Plan Move to conduct 2nd reading of Ordinance No. 463 by title only Moved by Councilor Fage. Second by Councilor Martinez. Motion was approved unanimously. Move to Adopt Ordinance No. 463 Moved by Councilor Sheldon. Second by Councilor Martinez. Motion was approved unanimously.

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b) Second Reading Ordinance No. 464 Annexation Code Update

Second reading of Ordinance No. 464 - Annexation Code Update Move to conduct 2nd reading of Ordinance No. 464 by title only Moved by Councilor Martinez. Second by Councilor Smith. Motion was approved unanimously. Move to Adopt Ordinance No. 464 Moved by Councilor Kindel. Second by Councilor Fage. Motion was approved unanimously.

9 NEW BUSINESS: None

10 UNFINISHED BUSINESS: None

11 REPORTS

a) City Manager Report

b) Council Reports

Councilor Smith reported that he attended the CPO-8 meeting. He also attended the September Parks & Rec meeting and reported they are in discussion on new play equipment at Jessie Mays. He asked about making at least part of the area covered. City Manager Varner said that is possible, but it will take funds. Varner said he will talk to the Hillsboro School District and see if he can get an idea on cost. Councilor Fage gave an update on the upcoming Habitat for Humanity event in North Plains on September 28, 2019. They are still looking for volunteers to help that day. Mayor Lenahan reminded everyone, when taking photos that will be posted publicly (like on social media) please be mindful of the surroundings (for privacy reasons), like homes, people, etc. that might show up in the photo. Councilor Sheldon reported that he will be attending the upcoming MACC Board meeting on October 1, 2019 which will include the topic of jurisdictional approval of the transfer from Frontier to NW Fiber. Mayor Lenahan reported that she attended the September 11, 2019 Planning Commission meeting where the Sign Code was finalized and approved for recommendation to Council.

c) Review September and October 2019 Council Calendars

12 ADVICE/INFORMATION ITEMS: a) Washington County Notice

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13 ADJOURNMENT: 8:22 pm

Teri Lenahan, Mayor

Lori Lesmeister, City Recorder Date Approved ________________

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Carl Peters &

Ame LeCocq

O c t o b e r 7 , 2 0 1 9

RECOLOGY OREGON

COMPOST:

RECOLOGY ORGANICS – NORTH PLAINS FACILITY

UPDATE

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OVERVIEW

• Recology background

• Facility and process overview

• Site improvements and management efforts

• Community Involvement

• City of Hillsboro materials

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WHO WE ARE

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RECOLOGY ORGANICS – NORTH PLAINS

▪ 66 acre facility (~29 operational)

▪ Just outside City of North Plains boundary

▪ Permitted as a compost site since 1999

▪ Acquired by Recology in 2009

▪ 9 direct employees

▪ Best and highest use for yard debris and residentially generated food scraps

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Operations Overview

Active aeration compost pad

North cure padLeachate lagoon

Maintenance Shop

South cure pad

Wood Processing

Finished Compost screening and storage

Leachate treatment tank

Scale house

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SITE IMPROVEMENTS

▪ Entry road reconfiguration

▪ Landscaped berms

▪ Increased pavement

▪ New office building

▪ New employee building

▪ Adjusted hours of operation

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SITE IMPROVEMENTS

▪ Consistent process monitoring

▪ Aeration system improvements

▪ Redesigned biofilters

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SITE IMPROVEMENTS

▪ Leachate containment, collection

and treatment improvements

▪ Stormwater treatment system

installation

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NUISANCE MANAGEMENT

▪ Odor monitoring ➢ On and Offsite Monitoring ➢ Complaint response ➢ 2019 Year to Date: 1 Complaint

▪ Pest control➢ Contracts with 2 control companies

▪ Noise➢ Equipment mufflers & back-up alarms

▪ Dust➢ Water suppression onsite

▪ Litter➢ Regular litter patrols

▪ Traffic➢ No compression braking, horns➢ Safety conscious ➢ Limit use of neighborhood roads

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$1 per ton fee paid to the City

Free yard debris drop off

Free compost

Educational tours

Donations to:➢ North Plains Public Library

➢ North Plains Senior Center

➢ Home Plate Youth Services

➢ People for Libraries

➢ Centro Cultural

➢ KUIK (radio time donated to North

Plains and Banks)

➢Doernbecher Children’s Hospital

➢ Wellspring Family Services

➢ Eagle Scouts

COMMUNITY INVOLVEMENT

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CITY OF HILLSBORO MATERIAL

No increase in tons received at North Plains

Recology controls Portland material

Diverting trucks from Portland; accepting trucks from

Hillsboro

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Garbage & Recycling Rate Increase for Residential Food Scraps Composting Program: Frequently asked consumer questions June 28, 2019 Why is my garbage bill going up again?

Each year, customer rates increase for many reasons. In 2018, income was adequate to account for cost increases in labor, health care, landfill, and other costs. No increases were needed without the consideration of a new program addition.

After closely studying the benefits and costs of beginning a residential food scraps composting program, the City Council elected to begin that program in 2020. A modest increase in residential rates is needed to develop that program. For most residents, that will mean an increase of 1.9 percent, or 49 cents. There are no increases to commercial rates this year. I thought food scraps composting is already a service in Hillsboro.

Businesses, schools, City facilities and other organizations are separating their food for composting under a voluntary program. This new service will now provide curbside food composting for residential customers. When will the food scraps program begin?

The City plans to have the service available in early 2020. What if I don’t have yard debris service, do I still have to pay for the rate increase? The rate increase applies to all residential customers who have curbside garbage service, whether you have a yard debris bin or not. Hillsboro’s garbage and recycling service is bundled, meaning residents pay for all of the curbside services together. Reducing the amount of garbage you produce is the main factor in reducing your overall garbage and recycling rates. Will my apartment/condo have compost service? Most apartments and condos will not have compost service initially. The City is working on a way to include these complexes in the future. Residents in these complexes will not see a rate increase. For smaller multi-family apartments and condos that have yard debris carts, composting will be available and the increase will apply.

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How do I compost?

You will receive a small counter-top container to throw your food scraps. Then simply put those food scraps in your yard debris container. That’s it. From there, the mixed yard debris and food will be collected by your waste hauler and taken to the composting facility in North Plains. The result is a nutrient-rich compost that gardens love. What can go into the yard debris container?

In addition to the yard debris, any food scraps. This includes bones, meat, dairy, fruit/vegetable scraps. Just no fluids, oils, or anything that is not food, please. Won’t my yard debris cart get really gross?

The average proportion of food scraps to yard debris is around 5 percent. Your food scraps will mostly blend in with your yard debris and not create a big change. Will my cart attract pests, like rodents?

Your yard debris bin is already designed to prevent this. If it is used properly, you will not have any issues with pests. How much does it cost? The food composting program will increase rates by 1.9 percent, or 49 cents per month for most customers based on a 35-gallon roll cart, beginning on August 1, 2019. Why do rates increase in August but service begins in 2020? The program requires up-front funding to make capital investments in equipment needed for service delivery, including the distribution of a kitchen counter-top container for food scraps to residences. Is there an opt-out option to not pay the increased rate? The short answer is no. Hillsboro garbage and recycling service is a bundled rate, so there is no option to opt out of the food composting rate.

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Resolution No. 2067 Economic Development Committee – Eric Lawson Adopted: October 7, 2019

RESOLUTION NUMBER 2067

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH PLAINS, OREGON, APPOINTING ERIC LAWSON TO

THE NORTH PLAINS ECONOMIC DEVELOPMENT COMMITTEE WHEREAS, Section 1.05.190 of the North Plains Municipal Code (“NPMC”) provides that the City Council appoints members of the Economic Development Committee; and WHEREAS, the City has had the open position posted for members of public to submit applications to become members of the Economic Development Committee; and WHEREAS, Eric Lawson submitted an application for the position was interviewed by the Economic Development Committee at their October 2, 2019 meeting; and WHEREAS, the North Plains Economic Development Committee recommendation is for the North Plains City Council to appoint Eric Lawson to the Economic Development Committee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH PLAINS, OREGON, AS FOLLOWS: Section 1. Eric Lawson is appointed to the North Plains Economic

Development Committee for the term expiring December 31, 2020.

Section 2. This Resolution shall become effective immediately upon

adoption by the City Council.

CITY OF NORTH PLAINS, OREGON BY: _____________________________________

Teri Lenahan, Mayor ATTEST: BY: ______________________________________

Lori Lesmeister, City Recorder

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1. I envision spending the rest of my life in North Plains. I moved here when my fiancé and I bought

our fist home in 2017 and we fell in love with the area, the people, and the community that

came with both. I would be grateful to serve on the economic development committee so I can

make a tangible influence in my community and become a more active decision-maker to

ensure North Plain’s future is a healthy one. I can bring a fresh perspective to the committee

that will ultimately help tie-in the view of new residence. In summary: I want to be a positive

influence in my community, and I see the Economic Development Committee as the perfect

opportunity for me to serve in an area that piques my interest on several levels.

2. North Plains is about to experience a tremendous amount of growth. With this growth will come

various demands and challenges that need to be thoroughly thought-out and planned for. Not

all needs can be met, but the way the city plans for and executes economic development plans

can be done so with intent and purpose. The most important issue from an economic/business

development is ensuring plans are in place for this growth. Targeting the low-hanging fruit such

as grocery store implementation (as outlined in Appendix A of the Economic Opportunities

Analysis) as well as which types of business development will be the most beneficial use of

resources will be essential. Establishing goals to strive for when targeting items outlined in vii-x

of the EOA is crucial because without solidified action plans the city will not be able to gauge the

progress on achieving these goals. In summary: the biggest issue I see facing North Plains from

an economic development standpoint is ensuring there are action plans in place to proactive

prepare the city for its impending growth, and not be reacting to the growth. When business

development gets in a reaction-based state, the land and resources are not used in the most

healthy and efficient way, and resources are wasted.

3. I have earned college degrees in Business (marketing) and Psychology. I currently work for a

startup retail construction company in Lake Oswego where I take on several roles. One day I am

managing a team of 10 installers on a job site, while the next I am structuring projects for our

largest clients such as Nike and Adidas. Seeing all aspects of the business gives me a unique

perspective I can bring to the Economic Development Committee. My education as well as

career background yields the ability to see things wholly and to make thoughtful, educated

decisions. I also feel being a young homeowner in North Plains will give the committee an

almost “outside” perspective that is fresh and unique. I love my family, I love my career, and

most importantly: I love where I live. If given the opportunity to join the EDC, I can promise I will

always attend meetings prepared, and will do whatever it takes to benefit the community. In

Summary: my education, work, unique perspective, and work ethic are some of the key

attributes that would make me a valuable member of the EDC.

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CITY OF NORTH PLAINS 31360 NW Commercial Street, North Plains, Oregon 97133

Date: October 7, 2019

To: Mayor and City Council

From: City Manager Andy Varner

Subject: Resolution 2066: Awarding Glencoe Pedestrian Crossing Project Contract to Lee Contractors, LLC

Request: Adopt Resolution 2066 to award Glencoe Pedestrian Crossing Project contract to Lee Contractors, LLC Background: The City engaged Kittelson Engineers last year to analyze the necessity of a crosswalk on Glencoe Road, at Pacific Street. Once that need threshold with the County was met, we proceeded to the design and construction documents. The attached memo and site plan from Kittelson provides more details on the project. The bid was held on September 27th. We anticipate construction to begin in October, with completion next spring. The contractor has a good reputation with Washington County, ODOT, City of Tigard and others they have worked with. Goal Association: This project relates to Improving + Expanding Community Facilitates to accommodate the service level expectations of a growing community. Fiscal Impact: The bid of the recommended contractor is $145,355. This will come out of the Transportation Impact Fee (TIF) account, which has a current balance of $297,181. Remember, TIF is the precursor to the County’s Transportation Development Tax (TDT). We are planning to spend down the TIF account. Recommendation: Adopt Resolution 2066 to award Glencoe Pedestrian Crossing Project contract to Lee Contractors, LLC Sample Motion: Adopt Resolution 2066 to award Glencoe Pedestrian Crossing Project contract to Lee Contractors, LLC Attachments: Resolution 2066 Contract with Lee Contractors, LLC

Kittelson Memo Crossing Site Plan + Schematic Bid Opening Form

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Resolution No. 2066 Award of Contract to Lee Contractors for Pedestrian Crossing on Glencoe Rd Adopted October 7, 2019 Page 1 of 2

RESOLUTION NO. 2066

A RESOLUTION OF THE NORTH PLAINS CITY COUNCIL AWARDING A CONSTRUCTION CONTRACT TO LEE CONTRACTORS, LLC FOR PEDESTRIAN

CROSSING IMPROVEMENTS TO NW GLENCOE ROAD AND NW PACIFIC STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT ON BEHALF OF THE CITY

WHEREAS, the City of North Plains (“City”) solicited bids for construction of needed pedestrian crossing improvements to NW Glencoe Road and NW Pacific Street (the “Project”); and WHEREAS, Lee Contractors, LLC (“Contractor”) prepared and submitted a responsive bid to the City; and WHEREAS, Contractor’s bid of $145,355.00 was the lowest responsive bid received by the City; and WHEREAS, the City duly issued a Notice of Intent to Award the contract to Contractor, pursuant to all applicable laws and regulations and consistent with the Project bid documents; and WHEREAS, the bid documents included a draft agreement available for review prior to submission of bids (the “Draft Contract”); and NOW, THEREFORE, THE CITY OF NORTH PLAINS RESOLVES AS FOLLOWS:

Section 1. The City hereby accepts Contractor’s Project bid of $145,355 and awards the contract to Contractor.

Section 2. The City Manager is hereby authorized to execute an agreement

substantially in the form of the Draft Contract on behalf of the City. // // // // // //

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Resolution No. 2066 Award of Contract to Lee Contractors for Pedestrian Crossing on Glencoe Rd Adopted October 7, 2019 Page 2 of 2

Section 3. This Resolution is and shall be effective from and after its enactment by the City Council.

INTRODUCED AND ADOPTED this ____ day of October, 2019.

CITY OF NORTH PLAINS, OREGON ________________________________________ Teri Lenahan, Mayor

ATTEST: ________________________________________ Lori Lesmeister, City Recorder

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FILENAME: S:\CITY COUNCIL\AGENDAS\AGENDA REPORTS\CITY COUNCIL 2019\10 OCTOBER\OCT 7\CITY MANAGER\19-802-CITY COUNCIL MEMO FR

KITTELSON.DOCX

PROJECT MEMORANDUM

Date: October 2, 2019 Project #: 19-802 KAI # 23061

To: City of North Plains City Council

From: Andy Varner and Blake Boyles, City of North Plains Tony Roos & Jamestaun Kraupp, Kittelson and Associates, Inc.

Project: NW Glencoe and NW Pacific Pedestrian Crossing Subject: Recommendation of Award

The City has a long term planning objective to provide safe pedestrian access to the community and make walking a great alternative to driving within the city.

In November 2018, the City tasked Kittelson and Associates, Inc., to conduct a crossing assessment at the existing crossing of NW Glencoe and NW Pacific to determine how to enhance the crossing and meet the City’s planning objective. The deficiencies of the crossing include no pavement markings for pedestrians crossing east/west and the nearest marked crossing of NW Glencoe is 1,150 feet south at Sunset Highway (Hwy 26). With residential growth to the east, an enhanced pedestrian crossing could meet long term safety needs and pedestrian growth to this community.

The City then proceeded with preparing construction plans to make this crossing a reality. Continuing to work with Kittelson, the construction of the crossing proposes the following:

• Install a marked crosswalk crossing NW Glencoe Rd on the north side of the intersection. • Install Rectangular Rapid Flashing Beacons at the crossing to bring attention of pedestrians to vehicles when

pedestrians are crossing. • Retrofit ADA ramps at the crossing to meet current City, County, and State standards. • Increase visibility of pedestrians by replacing existing high pressure sodium luminaires with LEDs. • Install an asphalt pedestrian path along NW Pacific to promote pedestrian access to the intersection since

currently there are minimal amounts of sidewalk along NW Pacific.

Kittelson estimated the project would cost $150,095 to construct. On September 27th, 2019 bids were collected and Lee Contractors was selected as the low bidder with a construction cost of $145,355. Construction is scheduled to begin mid October 2019 with Council approval and be completed in spring 2020.

Attached is a site plan showing the proposed improvements for the project.

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Project OverviewDate: 10/2/2019

Jamestaun Kraupp, PE(503) 535 - 7431

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TrafficR920-ERECTANGULAR RAPID FLASHING BEACON

MUTCD-compliant, pedestrian-activated warning beacon for uncontrolled marked crosswalks

• The R920-E is the benchmark for Rectangular Rapid Flashing Beacons (RRFBs)

• Ultra-efficient optics and Energy Management System (EMS)• Compact design to simplify installation• Proven technology platform• Meets and exceeds MUTCD requirements, including IA-21

RRFBs have been found to provide vehicle yielding rates between 72 and 96 percent for crosswalk applications, including 4 lane roadways with average daily traffic (ADT) exceeding 12,000*.

Superior Design and TechnologyThe R920-E utilizes a self-contained solar engine integrating the Energy Management System (EMS) with an on-board user interface, housed in a compact enclosure together with the batteries and solar panel. MUTCD interim approval IA-21 flash pattern and multiple configurations enable the R920-E to handle all crosswalk applications.

Easy InstallationWith its highly efficient and compact design, installation is quick and uncomplicated, dramatically reducing installation costs. Retrofitting can be done where existing sign bases are used to enhance existing marked crosswalks in minutes, and new installations can be completed without the cost of larger poles, new bases, and trenching.

Advanced User-InterfaceThe R920-E comes with an on-board user interface for quick configuration and status monitoring. It allows for simple in-the-field adjustment of flash pattern, duration, intensity, ambient auto adjust, night dimming, and many more. Settings are automatically sent wirelessly to all units in the system.

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TrustedWith thousands of installations, Carmanah’s beacons are the benchmark in traffic applications and other transportation applications worldwide.

* U.S. Department of Transportation Federal Highways Administration, Publication No. FHWA-HRT-10-043 - “Effects of Yellow Rectangular Rapid-Flashing Beacons on Yielding at Multilane Uncontrolled Crosswalks”

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Bid Opening

FILENAME: H:\23\23061 - GLENCOE_PACIFIC PED CROSSING STUDY\DESIGN\CONSTRUCTION\BID OPENING\BID OPENING

FORM.DOCX

Glencoe and Pacific Ped Crossing – Bid Opening

September 27, 2019 @ 2 PM

North Plains City Hall, 31360 NW Commercial Street, North Plains, OR 97133

Bid

Opening

Order

Contractor Project Bid Amount

Low

Bid

Order

1 R&R Construction $189,999 3

2 Brown Contracting $164,993 2

3 Kerr Construction $192,560 4

4 Pacific Excavation $198,000 5

5 Lee Contractors $145,355 1

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Date: September 30, 2019


From: Heather Austin, AICP, Consulting Land Use Planner

Subject: Proposed Zoning Code Text Amendment- Signs

Request: It is requested that the City Council conduct a public hearing and approve the proposed Zoning Code Text Amendment as recommended by the Planning Commission.

Background: The City Council is being asked to conduct a public hearing on the proposed Zoning Code Text Amendment, which was recommended for approval by the Planning Commission at their meeting on September 12, 2019. The proposal includes the Planning Commission recommendation with findings of fact, as well as the proposed Zoning Code Text Amendment. The Planning Commission initiated this Zoning Code Text Amendment based on the difficulty applicants and staff have had in implementing and enforcing the current sign code. In addition to some minor housekeeping changes, the proposed changes to the sign code are divided into three sections: permanent signs, temporary signs and portable signs. Permanent signs: Add a definition of “column sign”, update definition of “monument sign”, separate the review process for murals, remove temporary and portable sign standards from each of the distinct zoning districts and add a reference to the City’s Park Naming and Plaques policy. Temporary signs: The code section has been re-written to establish clear regulations for placement of a temporary sign. Temporary signs include: real estate signs, election/political signs, garage sale signs and special event signs. Portable signs: The code section has been added to establish clear regulations for placement of a portable sign. Portable signs include: sandwich board signs, trailer signs, flag signs and other portable signs that are removed at the close of each business day. Not included: The proposed code language does not include provisions for the placement of signs at the intersection of NW Glencoe and NW Commercial. This intersection and all land surrounding the streets at this intersection are within Washington County’s jurisdiction. Therefore, the City does not have the authority to codify regulations for the placement of signs in this location. However, the City can consider implementation of a policy for signs at this intersection. This policy can be initiated and implemented by City staff.

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Fiscal Impact: None.

Environmental Issues: None.

Recommendation: It is recommended that the City Council conduct the public hearing and approve the proposed Comprehensive Plan Text Amendment, City File Number 19-086. It is further recommended that the City Council approve the Ordinance as presented.

Sample Motions: 1. I move to approve City File Number 19-086, Zoning Code Text Amendment. 2. I move to conduct a first reading of Ordinance 465 by title only. 3. I move to approve the first reading of Ordinance 465.

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Chapter 16.080

SIGN STANDARDS

16.080.000 Definitions

The following terms are defined for the purpose of this chapter in order to provide clarification

of certain words or terms used in the Ordinance.

A. Abandoned sign -A sign or sign structure where:

1. A sign is no longer in use. Discontinuance of sign use may be

shown by cessation of use of the premises where the sign is

located;

2. A sign has been damaged, in excess of 50% of the value of the

sign, and repairs and restoration are not started within ninety

days of the date the sign was damaged, or are not diligently

pursued, once started.

B. Awning - A shelter projecting from and supported by the exterior wall of a

building constructed of rigid or non-rigid materials on a supporting framework.

C. Awning Sign - A sign affixed or applied to the exterior facing surface or

surfaces of an awning or a sign hanging from the supports of an awning,

provided that the clearance below the sign shall be at least 8 feet.

D. Building Frontage, Primary -The portion of a building face most closely in

alignment with an adjacent right-of-way. A gasoline service station may use

the overhanging canopy as a substitute for building frontage when

computing the allowable sign area. The longest side of the canopy shall be

used to compute the allowable sign area.

E. Building Wall, Side- The wall of a building most nearly perpendicular with a

street abutting the buildings lot regardless of whether such is functionally the

front, rear, end or side of the building.

F. Canopy - A permanent roof-like structure projecting from a building and open

on at least one side for the purpose of shielding a pedestrian walkway from the

elements, or a freestanding roof-like structure supported by columns intended

to shield a vehicular driveway or service area from the elements.

G. Canopy Sign -A sign, affixed or applied to, a canopy or eve, at any angle

relative to the adjacent wall, the lowest portion of which is at least eight (8) feet

above the underlying grade.

H. Changeable Copy Sign - A sign whose informational content can be changed

or altered by manual, electric, electro-mechanical, electronic or optical

means.

I. Column Sign- A sign supported by two (2) columns with a minimum width of

eight (8) inches or a single column with a minimum width of twelve (12)

inches.

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I.J. Copy - The graphic content of a sign surface in either permanent or removable

letter, pictographic, symbolic, or alphabetic form.

J.K. Electronic Message Sign- A permanent sign providing information in both

a horizontal and vertical format(as opposed to linear) sign copy, on which copy

is created through use of a pattern of lights in a dot matrix configuration, which

may be changed intermittently. Video signs are not included in this

definition. Electronic message signs permitted under this chapter shall

comply with the following standards:

1. The rate of change for sign copy from one message to another

message shall be no more frequent than every eight seconds

and the actual copy change shall be accomplished in four

seconds or less. Once changed, the copy shall remain static until

the next change.

2. Displays may travel horizontally or scroll vertically onto electronic message signs, but must hold in a static

position after completing the travel or scroll.

3. Electronic message signs requiring more than four seconds to

change from one copy to another shall be turned off during the

change interval.

4. Sign copy shall not appear to flash, undulate, or pulse, or portray

explosions, fireworks, flashes of lights, or blinking of chasing

lights. Copy shall not appear to move toward or away from the

viewer, expand or contract, bounce, rotate, spin, twist, or

otherwise portray graphics or animation as it moves onto, is

displayed on, or leaves the sign face.

5. No electronic message sign lamp may be illuminated to a degree

of brightness that is greater than necessary for adequate

visibility. In no case may the brightness exceed eight

thousand nits or equivalent candelas during daylight hours, or

one thousand nits or equivalent candleas between dusk and

dawn. Signs found to be too bright shall be adjusted or removed

as directed by the city manager.

K.L. Frontage - The length of the property lines of any one premises along public

right-of-way on which it borders.

L.M. Front Wall - The front wall of a structure shall be the wall of a structure most

parallel to the frontage of the property.

M.N. Grade- Grade is the average level of the ground measured five feet from either

end of the base of the sign, parallel to the sign face. For signs mounted on

buildings, the grade is the average level of the sidewalk, alley or ground below

the mounted sign measured five feet from either end of the sign face.

N. Ground Sign - A permanently affixed sign which is wholly independent of a

building for support.

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O. Height- The height of a sign is the vertical distance measured from the highest

point of the sign to the grade of the adjacent street or the surface grade

beneath the sign, whichever is greater.

P. Monument Sign - A sign that has an engineered footing and a solid supporting

base that is equal to or greater than the width of the sign face, generally made

of stone, masonry, or concrete, with no separations between the sign and the

base.

Q. Mural Any piece of hand-produced artwork painted, tiled, attached or applied

directly on an exterior wall, ceiling or other large permanent surface. A

distinguishing characteristic of mural painting is that the architectural elements

of the given space are harmoniously incorporated into the picture. The following

are NOT considered murals:

1. mechanically produced or computer generated prints or images,

including but not limited to digitally printed vinyl;

2. murals containing electrical or mechanical components; or

3. changing image murals.

R. Name Plate - A non-electric on-premise identification sign giving only the

name, address, and or occupation of an occupant or group of occupants.

S. Non-Conforming Sign -A sign which was erected legally, but which does not

comply with subsequently enacted sign restrictions and regulations.

T. Pan Chanel sign - A sign not contained in a sign box, but rather the lettering

and sign logos act as their own sign cabinet.

U. Pole sign - A sign that is a freestanding sign connected to the ground by one

or more supports with the lower edge of the sign separated vertically from

the ground by a distance of nine feet or greater as measured from grade.

V. Portable Sign- A sign that is at all times movable by hand. A portable sign

includes but is not limited to: sandwich boards, and yard signs, A-frame

signs, and flag signs.

W. Projecting sign- A sign that is wholly or partly dependent upon a building for

support and which projects more than 12 inches from such building.

Maximum projection shall be three feet and maximum thickness shall be one

foot. A projecting sign shall not project above a roof line.

X. Roof Line - Either the eaves of the roof or the top of the parapet, at the

exterior wall. (A "mansard roof' is below the top of a parapet and is

considered a wall for sign purposes.)

Y. Roof Sign -Any sign erected over or on the roof line of a building.

Z. Sign- Any writing, including letter, word, or numeral; pictorial presentation,

emblem, including device, symbol or trademark; flag, including banner or of 90

pennant; or any other device, figure or similar thing which is a structure or

any part thereof, or is attached to, painted on, or in any other manner

represented on a building or structure or device; and is used to announce,

direct attention to, or advertise; and is visible from any public right-of- way

AA. Sign Area - The entire area made available by the sign structure for the

purpose of displaying the advertising message. For painted signs, only that

portion of the door, wall, or structure actually devoted to the message and

associated symbols and background, if any, is included in the area. The sign

area as defined, shall be used in determining the allowable square footage

of signs. For double faced signs, only one side of the sign shall be counted

in the total maximum area. The address of the site on which the sign sits

does not count toward the sign area.

BB. Snipe Sign- A small sign of any material, including but not limited to paper,

cardboard, wood or metal, attached to any object and having no application

to the premises where located, i.e. garage sale signs.

CC. Temporary Sign - A sign not permanently affixed to a structure on a

property. These signs primarily include, but are not limited to, canvas,

cloth, rigid plastic or paper, vinyl banners or posters hung on a building wall

or on a permanent pole such as on a free- standing sign support. Paper signs

may only be used for single day events. Temporary signs are regulated

under Section 16.080.035. Temporary signs do not include sandwich boards and flags, which are

regulated as Portable Signs.

DD. Unlawful Sign- A sign that was constructed without the necessary

permits or approvals of the city.

EE. Wall Sign - A sign attached essentially parallel to and extending not more

than eight inches from the wall of a building with no copy on the sides or

edges. This definition includes signs painted directly on the wall of a building,

but exempts murals.

FF. Wayfinding Sign- A sign that is generally within the right-of-way and not

on private property that is erected with permission of (and generally by) the

jurisdiction with authority over the right-of-way. Wayfinding encompasses all

of the ways in which people orient themselves in physical space and navigate

from place to place.

GG. Window Sign- A sign installed on the exterior or on or near the interior of a

window for the purpose of viewing from outside the premises.

16.080.005 General Provisions

A. Except as provided in this chapter, a person shall not erect, construct,

enlarge, alter, repair, move, improve, remove, convert, demolish, equip,

use or maintain any sign, or cause or permit the same to be done,

contrary to or in violation of any of the provisions of the sign standards.

B. Except as provided in this chapter, a person shall not erect, construct or

alter a sign, or permit the same to be done, unless a sign permit has of 90

been issued by the city. A sign permit for the construction and continued

use of a sign is subject to the terms and conditions stated in the permit

and to the sign standards.

C. An application for sign permit approval is subject to the procedures set

forth in this chapter.

D. A sign shall not be constructed on a site that contains an unlawful sign.

E. The sign standards are not intended to, and do not restrict speech on

the basis of its content, viewpoint or message. Any classification of signs

in this chapter that permits speech by reason of the type of sign,

identity of the sign user or otherwise, shall permit any type of speech on

the sign. No part of this chapter shall be construed to favor commercial

speech over noncommercial speech. To the extent any provision of this

chapter is ambiguous, the term shall be interpreted to not regulate on

the basis of speech content, and the interpretation resulting in the least

restriction of the content of the sign message shall prevail.

F. Sign permits are not required for wayfinding signs erected by the jurisdiction

with authority over the right-of-way in which the sign is placed.

G. Compliance with this sign code shall be reviewed by City Staff prior to

issuance or renewal of any business license on a property in the City.

G.H. Murals are subject to review and approval by the City’s Mural Committee.

If the Mural Committee is not active, City Staff will review and approve the

mural based on the Mural Committee’s standards.

16.080.010 Permanent Signs in Residential Zones

A. Permitted Signs

1. Signs which meet the following regulation are allowed in the R-2.5 Zone: One (1) sign, not over nine (9) square feet in area, at each entrance to an apartment,

townhouse or condominium development.

2. Signs that meet the following regulations are allowed in the R-2.5, R-5 and R-7.5

Zones:. One (1) name plate, indirectly illuminated or not illuminated, not exceeding

one and one-half square feet in area for each building. This type of sign does not

require a permit.

a. One (1) temporary sign, not illuminated and not exceeding eight (8)

square feet. These signs are generally used when a residence is for

sale, rent or lease, when improvements are being done to the home and

for political purposes.

b. One (1) temporary sign, not illuminated and not exceeding 32 square

feet in area, at each entry to a subdivision during the time the tracts or

lots in the subdivision are for sale. The signs shall be removed within

10 days after the tracts or lots are sold.

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c. Homeowner Association Meeting and/or announcements not exceeding

4 square feet.

3. Changeable copy signs for institutional uses, not exceeding 20 square feet.

4. One (1) monument or column sign not exceeding 32 square feet for an institutional

use. The sign shall be setback at least 10 feet from the front property line. If the use

also has a changeable copy sign it shall be incorporated into the monument or

column sign.

5. One (1) monument or column sign at each entry to a subdivision not exceeding 32

square feet for the name of a residential subdivision. The sign shall not violate the

vision clearance requirements.

6. Licensed care facilities on a premises may have one (1) sign not exceeding 4 square

feet.

B. Prohibited Signs

The following signs are prohibited in all Residential zones:

1. Ground or polePole signs

2. Roof signs

3. Projecting signs

Temporary signs, except as permitted in Section 16.80.:J-9.01aO(A)(2).035

Snipe Sign

4.3. Mural

16.080.015 Permanent Signs in Commercial Zones

A. Permitted Signs

1. Signs which meet the following regulations are allowed in the C-1

Zone.

a. One awning or canopy sign not exceeding five (5)

square feet for each building occupancy.

b. In cases where the main entrance to a business is from

the front wall of a structure, one (1) wall sign for each

business affixed to the front wall of a structure with a

maximum of one square foot of area for each lineal foot

of building occupancywall.

c. In cases where the main entrance to a business is from


business affixed to .2the side or rear wall of a building

with a maximum of one-half square foot of sign area

for each lineal foot of building occupancywall.

d. In cases where the main entrance to a business is from

a side wall of a structure, one (1) wall sign for each

business affixed to the side wall of the building with a of 90

maximum of one square foot of sign area for each lineal

foot of building occupancywall.

e. A sign is not allowed on the side or rear wall of a building

if the wall is adjacent to, or across the street from, a

residential zone.

f. Window sign, provided that not more than 25% of a

window is included in a window sign.

g. A mural meeting the definition under Section 16.80.00 will

be allowed with no maximum size.

h. Projecting signs meeting the definition under Section

16.80.000 Projecting signs shall be at least 8 feet over the

grade adjacent to the building. Projecting signs may project

one foot if at least 8 feet above grade and increase one

foot of projection for each one feet of elevation over 8 feet

to a maximum projection of 3 feet.

i. One monument or column sign meeting the definition

under Section 16.80.00, not exceeding 32 square feet for

institutional uses.

j. One changeable copy sign incorporated into the allowable

square footage of wall, monument and column signs for the

property.

2. Signs which meet the following regulations are allowed in the C-2

Zone.

a. One awning or canopy sign not exceeding five (5) square

feet for each building occupancy.

b. In cases where the main entrance to a business is from


business affixed to the front wall of a structure with a

maximum of one square foot of area for each lineal foot of

building occupancywall, except as provided in subsection

e. below.

c. In cases where the main entrance to a business is from


business affixed to a side or rear wall of a building with a

maximum of one-half square foot of sign area for each

lineal foot of building occupancywall, except as provided

in subsection e. below.

d. In cases where the main entrance to a business is from a

side wall of a structure, one (1) wall sign for each business

affixed to the side wall of the building with a maximum of

one square foot of sign area for each lineal foot of building

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occupancywall, except as provided in subsection e.

below.

e. For properties adjacent to Highway 26, signage on the

wall facing the highway is permitted of a size up to

twenty-five percent (25%) of the wall area. Any

properties containing pre-existing non-conforming

signage shall be subject to the wall sign provisions of

subsections a. through d., above.

f. No sign shall be allowed on the side or rear wall of a

building if the wall is adjacent to, or across the street from

a residential zone.

g. Window sign, provided that not more than 25% of a

window’s area is included in a window sign.

h. One monument or column sign not exceeding 32

square feet for each driveway, except that monument

or column signs shall not be located adjacent to, or

across from residential zones.

i. For properties with greater than 200 feet of total street

frontage, one monument or column sign for each street

frontage with a maximum area of 50 square feet for

each sign. Such sign shall not be in addition to the

monument or column sign allowed in subsection g h of

this section.

j. A mural meeting the definition under Section

16.80.000 is allowed with no maximum size.

k. Changeable copy signs incorporated into the allowable

square footage of wall, monument and column signs for

the property are permitted.

B. Uniform Sign Plan- A development anticipating more than one business on the premises shall submit a uniform sign plan with the land use application for design review.

C. Prohibited Signs

1. The following signs are prohibited in the C-1

Zone:

a. Ground and polePole signs

b. Roof signs

c. Snipe sign

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2. The following signs are prohibited in the C-2

Zone:

a. Ground or polePole sign

b. Roof signs

c. Projecting signs

d. Snipe sign

16.080.020 Permanent Signs in Neighborhood Community Zone

A. Permitted Signs

Signs located in the NC Zone:

1. Signs located in the residential or institutional portions of the NC

zone shall comply with signs allowed in Residential Zones, per

Section 16.080.010.

2. Signs located in the commercial or mixed use portions of the NC

zone shall comply with signs allowed in the C-1 zone, per Section

16.080.015.

3. Signs in mixed useinstitutional areas shall comply with signs

allowed in the CM-1 zone, per Section 16.080.030.


C. Prohibited Signs

1. Ground and polePole signs

2. Roof signs

3. Temporary signs, except as permitted in Section

16.80.010(A)(2)

4. Snipe Sign

16.080.025 Signs in Institutional and Public Use Zone

A. Permitted Signs

1. One wall sign not exceeding 32 square feet shall be permitted on

a maximum of two (2) building elevations. Wall signs must be

attached flat against the building face.

2. One free-standing sign per street frontage not exceeding 32

square feet per sign face shall be permitted. A minimum setback of 90

of 10 feet from property lines adjacent to public streets is required.

The maximum height of any portion of a free-standing sign shall

be limited to 6 feet from ground level at its base.

3. For city park signs, refer to the City’s Park Naming and Plaques

policy.

16.080.030 Permanent Signs in Industrial Zones

A. Permitted Signs

1. Signs that meet the following regulations are allowed in the M1

Zone.

a. One wall sign a maximum of 32 square feet for each

business located on a property.

b. A sign is not allowed on the side or rear wall of a building if the wall is adjacent to, or across the street from a residential zone.

c. One monument or column sign not exceeding 32 square

feet for each driveway, except that monument or column

signs are not allowed adjacent to, or across from a

residential zone.

d. A mural meeting the definition under Section

16.80.000 is allowed with no maximum size.

2. Signs complying with the following regulations are allowed in the M-

2 Zone.

a. One wall sign a maximum of 32 square feet for each

business located on a property.


c. One monument or column sign not exceeding 32 square feet for each driveway, except that monument or column signs shall not be located adjacent to, or across from residential zones.

d. A mural meeting the definition under Section 16.80.000

is allowed with no maximum size.


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C. Prohibited Signs

1. Signs prohibited in the M-1 Zone:


b. Roof signs

c. Projecting signs

d. Snipe sign

e.d. Changeable copy sign, except gasoline price signs



b. Roof signs

c. Projecting signs

d. Snipe sign

e.d. Changeable copy sign, except gasoline price signs

16.080.035 Temporary Signs

General temporary sign provisions.

A. Temporary signs may be erected and maintained only in

compliance with the following provisions. They shall:

1. Contain no moving parts and shall not be lighted;

2. Be affixed to a permanent structure or be free-standing

and adequately anchored into the ground;

3. Be placed no higher than the building’s eave, top of wall

or parapet.

B. Permitted temporary signage. Temporary signage shall be

allowed for each property as follows:

1. All Zones

a. Signs not exceeding 6 square feet in area during the

period from 6 weeks prior to a public election or the

time the election is called, whichever is earlier, to 5

days after the election. No permit shall be required

for such signs.

b. One (1) temporary sign per frontage, not exceeding

6 square feet in area, during the time of construction,

landscaping, or remodeling of the property, provided

that the sign is removed within 30 days of the

completion of any construction, landscaping or

remodeling. of 90

2. Residential (R-7.5, R-5, R-2.5, and residential portions of

the NC) Zones (no permit shall be required for such

signs):

a. One (1) temporary sign per frontage, not exceeding 4

square feet in area, per side, which is erected for a

maximum of 4 consecutive days. A total of 8 days in

any calendar year is permitted. Such signs are

typically used for garage sales.

b. Two (2) temporary signs not exceeding 32 square feet

in area allowed per subdivision during the build-out of

the residences in the subdivision. These types of

signs are typically used for subdivision and model

home identification.

c. One (1) temporary sign per frontage, not exceeding 6

square feet in area per side, during the time of sale,

lease or rental of the lot or structure, provided that the

sign is removed within 30 days of the sale, lease or

rental of the lot or structure.

d. Homeowner Association or Neighborhood meeting

and/or announcements not exceeding 4 square feet.

3. Commercial (C-1 and C-2), Industrial (M-1 and M-2) and

the commercial or industrial portions of the NC zone:

a. Up to two (2) temporary signs not exceeding 100

square feet (such as banner signs) shall be erected

for no more than 30 consecutive days and for no more

than 60 total days per calendar year.

b. One (1) temporary sign per frontage, not exceeding 32





4. Institutional (IPU) Zone:

a. Up to two (2) temporary signs not exceeding 100

square feet each (such as banner signs) shall be

erected for no more than 90 days per calendar year.

b. One (1) temporary sign per frontage, not exceeding 32





The following temporary signs are permitted in all zones:

A. Temporary signs and banners, for a maximum period of six weeks from

the date a permit is issued.

B. A temporary sign posted on a property that is for sale, lease or rental

does not require a permit from the city. The signs shall not be

illuminated, shall not exceed thirty-two (32) square feet in area and shall of 90

not be placed within the right-of-way. The sign shall be removed within

10 days after the property is sold, leased or rented.

C. Portable signs are considered temporary signs for the purposes of this

ordinance.Temporary signs up to a maximum of six (6) square feet in area

posted on Friday after 6 am through Sunday at 6 pm, and all day on

Tuesday, do not require a permit (such as signage typically utilized to

identify weekend events, sales, real estate open houses, etc).

D. All temporary signs that require a permit shall also pay a deposit to the

city. The deposit shall be returned in full once all signs are removed

from the city and disposed of or stored within the time limits of the sign

permits. If a sign is not removed within the time period of the permit, the

city may use the deposit to defray the costs of removing the sign.

E. Only one temporary sign permit shall be issued per business in any six

month period of the calendar year. A temporary sign permit shall be

issued for a maximum of 6 signs. All temporary signs must be located at

least 100 feet from other temporary signs.

16.080.040 Portable Signs.

General portable sign provisions. Portable signs may be erected and maintained only in

compliance with the following provisions:

A. Portable signs shall be permitted in Commercial (C-1 and C-2), Industrial

(M-1 and M-2), and Institutional (IPU) zones and the non-residential

portions of the Neighborhood Community (NC) zones.

B. Portable signs shall be professionally prepared, contain no moving parts

and shall not be lighted.

C. Each property shall be permitted one portable sign for every one hundred

feet of frontage on a public right-of-way, not exceeding twelve (12) square

feet in area per sign face. A minimum 100-foot spacing between portable

signs on the same property is required. Portable signs shall be located in

one of three places:

1. On the same private property as the business or institution to

which the sign pertains.

2. In the right-of-way directly adjacent to the property on which the

business sits, provided the right-of-way is under City jurisdiction and the

property is zoned to permit portable signs.

3. On another private property within the City with permission of the

property owner and within a zone that permits portable signs.

D. Portable signs shall not be located within twenty (20) feet of a property

corner adjacent to two rights-of-way.

E. Portable signs shall be removed at the close of the business day.

F. Portable signs shall not block or impede ADA and pedestrian access on

public or private walkways or sidewalks. of 90

G. An annual sticker permit is required from the City for each portable sign.

Generally this will be issued at time of business license renewal.

H. The portable sign provisions do not apply to signage attached to the

building wall or within the window of a business.

16.080.040045 Additional Regulations Applicable to all Zones.

A. Lighting exterior to the structures shall be shielded in such a manner

as to confine emitted light within the boundary of the property from

which it originated except lighting installed to illuminate the American

Flag or Oregon State Flag may project into the air to properly

illuminate the flag, however, such lighting shall not project onto

adjacent property or into a public right of way.

B. When a sign is removed or replaced, all brackets, poles, and other

structural elements that supported the sign and are not being used for

the new sign shall also be removed. Affected building surfaces shall

be restored to match the adjacent portion of the structure.

C. Signs and supporting hardware, including temporary signs and

time/temperature signs shall be structurally safe, clean, free of visible

defects, and functioning properly at all times. Repairs to signs shall

be equal to or better in quality of materials and design than the original

sign.

D. All signs shall be maintained at all times in a state of good repair, and

no person shall maintain or permit to be maintained on any premises

owned or controlled by him/her, any sign which is in a sagging,

leaning, fallen, decayed, deteriorated, or otherwise dilapidated or in an

unsafe condition.

16.080.045 050 Abandoned Signs

Any sign that is unused for more than 90 consecutive days shall be deemed

abandoned and shall be removed by the property owner, except that if the sign is

in a vacant commercial or industrial space , the sign may remain provided there

is an active attempt to obtain tenants for the space and provided all advertising

copy is removed and a blank sign face is maintained..

For the purposes of this Section, "unused" shall mean the absence of copy or

advertising message or the sign is on a property that is not in use.

16.080.050055 Non-Conforming Signs

A. Non-conforming signs may continue to exist, subject to the following

provisions:

1. Any sign that does was approved under previous regulations, or

for which a variance was granted, shall either be removed or

brought into compliance with this ordinance as a condition of

approval of design review on the appurtenant property. of 90

2. Temporary and portable signs that are not in conformance with the

provisions of this Ordinance shall be regarded as non-conforming

and shall be removed within 90 days of the effective date of this

ordinance.

3. No additions or enlargements may be made to a non-conforming

sign except those additions or enlargements that are required by

law.

4. A sign that is moved, replaced, or structurally altered shall be

brought into conformance with this section, except that:

a. Non-conforming signs may be repaired and maintained and

may have the sign copy changed. A sign may be removed

from its sign structure for repair or maintenance if a permit

is obtained under this section.

b. Non-conforming signs may be structurally altered when the

alteration is necessary for structural safety.

c. Non-conforming signs may be reconstructed if required to

be moved for construction or repair of public works or public

utilities and the sign reconstruction is completed within

ninety days after the completion of the public works or public

utility construction or repair.

5. A non-conforming sign that is damaged shall not be repaired if the

estimated expense to repair the sign exceeds fifty percent of the

replacement cost of the sign as of the day before the sign was

damaged. A damaged non-conforming sign that cannot

be repaired shall be removed within ninety days of the date the

sign was damaged. As used herein, "non-conforming sign"

includes the sign structure, foundation and supports.

6. Whenever a non-conforming sign is damaged and the estimated

cost to repair the sign is fifty percent or less of its replacement

value as of the day before the sign was damaged, it may be

repaired and restored to the condition it was in before it was

damaged and may continue to be used as a non-conforming sign,

provided that such repairs and restoration are started within ninety

days of the date the sign was damaged and are diligently pursued

thereafter.

7. Whenever repair and/or restoration to a damaged non-conforming

sign is not started within ninety days of the date the sign is

damaged or is diligently pursued once started, the sign shall be

deemed abandoned and shall be removed by the property owner.

8. Abandoned signs shall not be permitted as non-conforming signs.

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9. No non-conforming sign shall be permitted to remain unless

properly repaired and maintained as provided in this section. A

sign maintained in violation of this provision shall be removed as

provided in Section A.1. of this Section. Any non-conforming sign

that is determined by the building official to be an unsafe sign shall be removed as provided by Section A.5. of

this Section. Any non-conforming sign determined by the city

manager to be an abandoned sign shall be removed as provided

in subsection A.7 of this section.

B. Nothing in this section shall be deemed to prevent the maintenance of any

sign, or regular manual changes of sign copy on a sign.

C. This section shall not require the removal or modification of a sign if the

sign is in good condition, and located on a historically significant structure

or object as recognized in the Comprehensive Plan.

D. Highway Signs. Any non-conforming signs located at tax lots

1N312AB00400, 1N301DC06300 or 1N3120000200, that were approved

under previous regulations, or for which a variance was granted, and

which was installed prior to April 1, 2013 will be permitted until such time

that all or a portion of the sign is removed or in poor repair, for any reason

including acts of god. Highway signs cannot be altered in physical

dimensions.

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Ordinance No. 465 Amending Zoning & Development Code, Chapter 16.080 (signs) Adopted October 21, 2019

ORDINANCE NO. 465

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH PLAINS, OREGON, AMENDING THE ZONING AND DEVELOPMENT CODE, CHAPTER

16.080 (SIGNS)

WHEREAS, the City of North Plains initiated proceedings to amend the City’s Zoning and Development Code to update the standards and regulations regarding signs within the city; and

WHEREAS, the City submitted the proposed amendments to DLCD on July 10, 2019; and

WHEREAS, the Planning Commission conducted a duly-noticed public hearing, and reviewed the proposed Zoning Code Text Amendment and staff report at its meeting on September 12, 2019; and

WHEREAS, the City Council conducted a duly-noticed public hearing, and reviewed the proposed Zoning Code Text Amendment, Planning Commission recommendation and staff report at its meeting on October 7, 2019; and

WHEREAS, the City Council considered the application, the evidence in the record and applicable criteria for the amendments proposed in Application File No. 19-086 (Zoning Code Text Amendment- Annexations).

Now, therefore: THE CITY OF NORTH PLAINS ORDAINS AS FOLLOWS:

Section 1. The City hereby adopts the proposed Zoning

Code Text Amendment, proposed in File 19-086, attached hereto as Exhibit “A”.

Section 2. In support of its decision, the City Council

adopts the findings within the Planning Commission Recommendation for File No. 19-086, dated September 12, 2019, attached hereto as Exhibit “B”.

Section 3. This Ordinance shall become effective on the

30th day after its adoption.

INTRODUCED on the 7th day of October, 2019, ADOPTED on the 21st day of October and EFFECTIVE on the 20th day of November, 2019.

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Ordinance No. 465 Amending Zoning & Development Code, Chapter 16.080 (signs) Adopted October 21, 2019

CITY OF NORTH PLAINS, OREGON By: _______________________________________

Teri Lenahan, Mayor ATTEST: By: _______________________________________

Lori Lesmeister, City Recorder

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Chapter 16.080 SIGN STANDARDS

16.080.000 Definitions

The following terms are defined for the purpose of this chapter in order to provide clarification of certain words or terms used in the Ordinance.

A. Abandoned sign -A sign or sign structure where:

1. A sign is no longer in use. Discontinuance of sign use may beshown by cessation of use of the premises where the sign islocated;

2. A sign has been damaged, in excess of 50% of the value of thesign, and repairs and restoration are not started within ninetydays of the date the sign was damaged, or are not diligentlypursued, once started.

B. Awning - A shelter projecting from and supported by the exterior wall of abuilding constructed of rigid or non-rigid materials on a supporting framework.

C. Awning Sign - A sign affixed or applied to the exterior facing surface orsurfaces of an awning or a sign hanging from the supports of an awning,provided that the clearance below the sign shall be at least 8 feet.

D. Building Frontage, Primary -The portion of a building face most closely inalignment with an adjacent right-of-way. A gasoline service station may usethe overhanging canopy as a substitute for building frontage whencomputing the allowable sign area. The longest side of the canopy shall beused to compute the allowable sign area.

E. Building Wall, Side- The wall of a building most nearly perpendicular with astreet abutting the buildings lot regardless of whether such is functionally thefront, rear, end or side of the building.

F. Canopy - A permanent roof-like structure projecting from a building and openon at least one side for the purpose of shielding a pedestrian walkway from theelements, or a freestanding roof-like structure supported by columns intendedto shield a vehicular driveway or service area from the elements.

G. Canopy Sign -A sign, affixed or applied to, a canopy or eve, at any anglerelative to the adjacent wall, the lowest portion of which is at least eight (8) feetabove the underlying grade.

H. Changeable Copy Sign - A sign whose informational content can be changedor altered by manual, electric, electro-mechanical, electronic or opticalmeans.

I. Column Sign- A sign supported by two (2) columns with a minimum width ofeight (8) inches or a single column with a minimum width of twelve (12)inches.

Ordinance No. 465Exhibit A

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J. Copy - The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

K. Electronic Message Sign- A permanent sign providing information in both a horizontal and vertical format(as opposed to linear) sign copy, on which copy is created through use of a pattern of lights in a dot matrix configuration, which may be changed intermittently. Video signs are not included in this definition. Electronic message signs permitted under this chapter shall comply with the following standards:

1. The rate of change for sign copy from one message to another message shall be no more frequent than every eight seconds and the actual copy change shall be accomplished in four seconds or less. Once changed, the copy shall remain static until the next change.

2. Displays may travel horizontally or scroll vertically onto electronic message signs, but must hold in a static position after completing the travel or scroll.

3. Electronic message signs requiring more than four seconds to change from one copy to another shall be turned off during the change interval.

4. Sign copy shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of lights, or blinking of chasing lights. Copy shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the sign face.

5. No electronic message sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed eight thousand nits or equivalent candelas during daylight hours, or one thousand nits or equivalent candleas between dusk and dawn. Signs found to be too bright shall be adjusted or removed as directed by the city manager.

L. Frontage - The length of the property lines of any one premises along public right-of-way on which it borders.

M. Front Wall - The front wall of a structure shall be the wall of a structure most parallel to the frontage of the property.

N. Grade- Grade is the average level of the ground measured five feet from either end of the base of the sign, parallel to the sign face. For signs mounted on buildings, the grade is the average level of the sidewalk, alley or ground below the mounted sign measured five feet from either end of the sign face.

O. Height- The height of a sign is the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is greater.

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P. Monument Sign - A sign that has an engineered footing and a solid supporting base that is generally made of stone, masonry, or concrete.

Q. Mural Any piece of hand-produced artwork painted, tiled, attached or applied directly on an exterior wall, ceiling or other large permanent surface. A distinguishing characteristic of mural painting is that the architectural elements of the given space are harmoniously incorporated into the picture. The following are NOT considered murals:

1. mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl;

2. murals containing electrical or mechanical components; or

3. changing image murals.

R. Name Plate - A non-electric on-premise identification sign giving only the name, address, and or occupation of an occupant or group of occupants.

S. Non-Conforming Sign -A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.

T. Pan Chanel sign - A sign not contained in a sign box, but rather the lettering and sign logos act as their own sign cabinet.

U. Pole sign - A sign that is a freestanding sign connected to the ground by one or more supports with the lower edge of the sign separated vertically from the ground by a distance of nine feet or greater as measured from grade.

V. Portable Sign- A sign that is at all times movable by hand. A portable sign includes but is not limited to: sandwich boards, yard signs, A-frame signs, and flag signs.

W. Projecting sign- A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. Maximum projection shall be three feet and maximum thickness shall be one foot. A projecting sign shall not project above a roof line.

X. Roof Line - Either the eaves of the roof or the top of the parapet, at the exterior wall. (A "mansard roof' is below the top of a parapet and is considered a wall for sign purposes.)

Y. Roof Sign -Any sign erected over or on the roof line of a building.

Z. Sign- Any writing, including letter, word, or numeral; pictorial presentation, emblem, including device, symbol or trademark; flag, including banner or pennant; or any other device, figure or similar thing which is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or structure or device; and is used to announce, direct attention to, or advertise; and is visible from any public right-of- way

AA. Sign Area - The entire area made available by the sign structure for the purpose of displaying the message. For painted signs, only that portion of of 90

the door, wall, or structure actually devoted to the message and associated symbols and background, if any, is included in the area. The sign area as defined, shall be used in determining the allowable square footage of signs. For double faced signs, only one side of the sign shall be counted in the total maximum area. The address of the site on which the sign sits does not count toward the sign area.

BB. Snipe Sign- A small sign of any material, including but not limited to paper, cardboard, wood or metal, attached to any object and having no application to the premises where located, i.e. garage sale signs.

CC. Temporary Sign - A sign not permanently affixed to a structure on a property. These signs primarily include, but are not limited to, canvas, cloth, rigid plastic or paper, vinyl banners or posters hung on a building wall or on a permanent pole such as on a free- standing sign support. Paper signs may only be used for single day events. Temporary signs are regulated under Section 16.080.035.

Temporary signs do not include sandwich boards and flags, which are regulated as Portable Signs.

DD. Unlawful Sign- A sign that was constructed without the necessary permits or approvals of the city.

EE. Wall Sign - A sign attached essentially parallel to and extending not more than eight inches from the wall of a building with no copy on the sides or edges. This definition includes signs painted directly on the wall of a building, but exempts murals.

FF. Wayfinding Sign- A sign that is generally within the right-of-way and not on private property that is erected with permission of (and generally by) the jurisdiction with authority over the right-of-way. Wayfinding encompasses all of the ways in which people orient themselves in physical space and navigate from place to place.

GG. Window Sign- A sign installed on the exterior or on or near the interior of a window for the purpose of viewing from outside the premises.

16.080.005 General Provisions

A. Except as provided in this chapter, a person shall not erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the sign standards.

B. Except as provided in this chapter, a person shall not erect, construct or alter a sign, or permit the same to be done, unless a sign permit has been issued by the city. A sign permit for the construction and continued use of a sign is subject to the terms and conditions stated in the permit and to the sign standards.

C. An application for sign permit approval is subject to the procedures set forth in this chapter.

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D. A sign shall not be constructed on a site that contains an unlawful sign.

E. The sign standards are not intended to, and do not restrict speech on the basis of its content, viewpoint or message. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign user or otherwise, shall permit any type of speech on the sign. No part of this chapter shall be construed to favor commercial speech over noncommercial speech. To the extent any provision of this chapter is ambiguous, the term shall be interpreted to not regulate on the basis of speech content, and the interpretation resulting in the least restriction of the content of the sign message shall prevail.

F. Sign permits are not required for wayfinding signs erected by the jurisdiction with authority over the right-of-way in which the sign is placed.

G. Compliance with this sign code shall be reviewed by City Staff prior to issuance or renewal of any business license on a property in the City.

H. Murals are subject to review and approval by the City’s Mural Committee. If the Mural Committee is not active, City Staff will review and approve the mural based on the Mural Committee’s standards.

16.080.010 Permanent Signs in Residential Zones

A. Permitted Signs

1. Signs which meet the following regulation are allowed in the R-2.5 Zone: One (1) sign, not over nine (9) square feet in area, at each entrance to an apartment, townhouse or condominium development.

2. Signs that meet the following regulations are allowed in the R-2.5, R-5 and R-7.5 Zones: One (1) name plate, indirectly illuminated or not illuminated, not exceeding one and one-half square feet in area for each building. This type of sign does not require a permit.

3. Changeable copy signs for institutional uses, not exceeding 20 square feet.

4. One (1) monument or column sign not exceeding 32 square feet for an institutional use. The sign shall be setback at least 10 feet from the front property line. If the use also has a changeable copy sign it shall be incorporated into the monument or column sign.

5. One (1) monument or column sign at each entry to a subdivision not exceeding 32 square feet for the name of a residential subdivision. The sign shall not violate the vision clearance requirements.

6. Licensed care facilities on a premises may have one (1) sign not exceeding 4 square feet.

B. Prohibited Signs

The following signs are prohibited in all Residential zones: of 90

1. Pole signs 2. Roof signs

.035

3. Mural

16.080.015 Permanent Signs in Commercial Zones

A. Permitted Signs

1. Signs which meet the following regulations are allowed in the C-1 Zone.

a. One awning or canopy sign not exceeding five (5) square feet for each building occupancy.

b. In cases where the main entrance to a business is from the front wall of a structure, one (1) wall sign for each business affixed to the front wall of a structure with a maximum of one square foot of area for each lineal foot of building wall.

c. In cases where the main entrance to a business is from the front wall of a structure, one (1) wall sign for each business affixed to the side or rear wall of a building with a maximum of one-half square foot of sign area for each lineal foot of building wall.

d. In cases where the main entrance to a business is from a side wall of a structure, one (1) wall sign for each business affixed to the side wall of the building with a maximum of one square foot of sign area for each lineal foot of building wall.

e. A sign is not allowed on the side or rear wall of a building if the wall is adjacent to, or across the street from, a residential zone.

f. Window sign, provided that not more than 25% of a window is included in a window sign.

g. A mural meeting the definition under Section 16.80.00 will be allowed with no maximum size.

h. Projecting signs meeting the definition under Section 16.80.000 Projecting signs shall be at least 8 feet over the grade adjacent to the building. Projecting signs may project one foot if at least 8 feet above grade and increase one foot of projection for each one feet of elevation over 8 feet to a maximum projection of 3 feet.

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i. One monument or column sign meeting the definition under Section 16.80.00, not exceeding 32 square feet.

j. One changeable copy sign incorporated into the allowable square footage of wall, monument and column signs for the property.

2. Signs which meet the following regulations are allowed in the C-2 Zone.

a. One awning or canopy sign not exceeding five (5) square feet for each building occupancy.

b. In cases where the main entrance to a business is from the front wall of a structure, one (1) wall sign for each business affixed to the front wall of a structure with a maximum of one square foot of area for each lineal foot of building wall, except as provided in subsection e. below.

c. In cases where the main entrance to a business is from the front wall of a structure, one (1) wall sign for each business affixed to a side or rear wall of a building with a maximum of one-half square foot of sign area for each lineal foot of building wall, except as provided in subsection e. below.

d. In cases where the main entrance to a business is from a side wall of a structure, one (1) wall sign for each business affixed to the side wall of the building with a maximum of one square foot of sign area for each lineal foot of building wall, except as provided in subsection e. below.

e. For properties adjacent to Highway 26, signage on the wall facing the highway is permitted of a size up to twenty-five percent (25%) of the wall area. Any properties containing pre-existing non-conforming signage shall be subject to the wall sign provisions of subsections a. through d., above.

f. No sign shall be allowed on the side or rear wall of a building if the wall is adjacent to, or across the street from a residential zone.

g. Window sign, provided that not more than 25% of a window’s area is included in a window sign.

h. One monument or column sign not exceeding 32 square feet for each driveway, except that monument or column signs shall not be located adjacent to, or across from residential zones.

i. For properties with greater than 200 feet of total street frontage, one monument or column sign for each street

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frontage with a maximum area of 50 square feet for each sign. Such sign shall not be in addition to the monument or column sign allowed in subsection h of this section.

j. A mural meeting the definition under Section 16.80.000 is allowed with no maximum size.

k. Changeable copy signs incorporated into the allowable square footage of wall, monument and column signs for the property are permitted.


C. Prohibited Signs

1. The following signs are prohibited in the C-1 Zone:

a. Pole signs

b. Roof signs

2. The following signs are prohibited in the C-2 Zone:

a. Pole sign

b. Roof signs

c. Projecting signs

16.080.020 Permanent Signs in Neighborhood Community Zone

A. Permitted Signs

Signs located in the NC Zone:

1. Signs located in the residential or institutional portions of the NC zone shall comply with signs allowed in Residential Zones, per Section 16.080.010.

2. Signs located in the commercial or mixed use portions of the NC zone shall comply with signs allowed in the C-1 zone, per Section 16.080.015.

3. Signs in institutional areas shall comply with signs allowed in the M-1 zone, per Section 16.080.030.

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C. Prohibited Signs

1. Pole signs

2. Roof signs

16.080.025 Signs in Institutional and Public Use Zone

A. Permitted Signs

1. One wall sign not exceeding 32 square feet shall be permitted on a maximum of two (2) building elevations. Wall signs must be attached flat against the building face.

2. One free-standing sign per street frontage not exceeding 32 square feet per sign face shall be permitted. A minimum setback of 10 feet from property lines adjacent to public streets is required. The maximum height of any portion of a free-standing sign shall be limited to 6 feet from ground level at its base.

3. For city park signs, refer to the City’s Park Naming and Plaques policy.

16.080.030 Permanent Signs in Industrial Zones

A. Permitted Signs

1. Signs that meet the following regulations are allowed in the M1 Zone.

a. One wall sign a maximum of 32 square feet for each business located on a property.


c. One monument or column sign not exceeding 32 square feet for each driveway, except that monument or column signs are not allowed adjacent to, or across from a residential zone.

d. A mural meeting the definition under Section 16.80.000 is allowed with no maximum size.

2. Signs complying with the following regulations are allowed in the M-2 Zone.

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a. One wall sign a maximum of 32 square feet for each business located on a property.


c. One monument or column sign not exceeding 32 square feet for each driveway, except that monument or column signs shall not be located adjacent to, or across from residential zones.

d. A mural meeting the definition under Section 16.80.000 is allowed with no maximum size.


C. Prohibited Signs


a. Pole sign

b. Roof signs

c. Projecting signs

d. Changeable copy sign, except gasoline price signs


a. Pole sign

b. Roof signs

c. Projecting signs

d. Changeable copy sign, except gasoline price signs

16.080.035 Temporary Signs

General temporary sign provisions.

A. Temporary signs may be erected and maintained only in compliance with the following provisions. They shall:

1. Contain no moving parts and shall not be lighted; 2. Be affixed to a permanent structure or be free-standing

and adequately anchored into the ground; 3. Be placed no higher than the building’s eave, top of wall

or parapet. of 90

B. Permitted temporary signage. Temporary signage shall be allowed for each property as follows:

1. All Zones a. Signs not exceeding 6 square feet in area during the

period from 6 weeks prior to a public election or the time the election is called, whichever is earlier, to 5 days after the election. No permit shall be required for such signs.

b. One (1) temporary sign per frontage, not exceeding 6 square feet in area, during the time of construction, landscaping, or remodeling of the property, provided that the sign is removed within 30 days of the completion of any construction, landscaping or remodeling.

2. Residential (R-7.5, R-5, R-2.5, and residential portions of the NC) Zones (no permit shall be required for such signs): a. One (1) temporary sign per frontage, not exceeding 4

square feet in area, per side, which is erected for a maximum of 4 consecutive days. A total of 8 days in any calendar year is permitted. Such signs are typically used for garage sales.

b. Two (2) temporary signs not exceeding 32 square feet in area allowed per subdivision during the build-out of the residences in the subdivision. These types of signs are typically used for subdivision and model home identification.

c. One (1) temporary sign per frontage, not exceeding 6 square feet in area per side, during the time of sale, lease or rental of the lot or structure, provided that the sign is removed within 30 days of the sale, lease or rental of the lot or structure.

d. Homeowner Association or Neighborhood meeting and/or announcements not exceeding 4 square feet.

3. Commercial (C-1 and C-2), Industrial (M-1 and M-2) and the commercial or industrial portions of the NC zone:

a. Up to two (2) temporary signs not exceeding 100 square feet (such as banner signs) shall be erected for no more than 30 consecutive days and for no more than 60 total days per calendar year.

b. One (1) temporary sign per frontage, not exceeding 32 square feet in area per side, during the time of sale, lease or rental of the lot or structure, provided that the sign is removed within 30 days of the sale, lease or rental of the lot or structure.

4. Institutional (IPU) Zone:

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a. Up to two (2) temporary signs not exceeding 100 square feet each (such as banner signs) shall be erected for no more than 90 days per calendar year.

b. One (1) temporary sign per frontage, not exceeding 32 square feet in area per side, during the time of sale, lease or rental of the lot or structure, provided that the sign is removed within 30 days of the sale, lease or rental of the lot or structure.

C. Temporary signs up to a maximum of six (6) square feet in area posted on Friday after 6 am through Sunday at 6 pm, and all day on Tuesday, do not require a permit (such as signage typically utilized to identify weekend events, sales, real estate open houses, etc).

16.080.040 Portable Signs.

General portable sign provisions. Portable signs may be erected and maintained only in compliance with the following provisions:

A. Portable signs shall be permitted in Commercial (C-1 and C-2), Industrial (M-1 and M-2), and Institutional (IPU) zones and the non-residential portions of the Neighborhood Community (NC) zones.

B. Portable signs shall be professionally prepared, contain no moving parts and shall not be lighted.

C. Each property shall be permitted one portable sign for every one hundred feet of frontage on a public right-of-way, not exceeding twelve (12) square feet in area per sign face. A minimum 100-foot spacing between portable signs on the same property is required. Portable signs shall be located in one of three places:

1. On the same private property as the business or institution to which the sign pertains.

2. In the right-of-way directly adjacent to the property on which the business sits, provided the right-of-way is under City jurisdiction and the property is zoned to permit portable signs.

3. On another private property within the City with permission of the property owner and within a zone that permits portable signs.

D. Portable signs shall not be located within twenty (20) feet of a property corner adjacent to two rights-of-way.

E. Portable signs shall be removed at the close of the business day.

F. Portable signs shall not block or impede ADA and pedestrian access on public or private walkways or sidewalks.

G. An annual sticker permit is required from the City for each portable sign. Generally this will be issued at time of business license renewal.

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H. The portable sign provisions do not apply to signage attached to the building wall or within the window of a business.

16.080.045 Additional Regulations Applicable to all Zones.

A. Lighting exterior to the structures shall be shielded in such a manner as to confine emitted light within the boundary of the property from which it originated except lighting installed to illuminate the American Flag or Oregon State Flag may project into the air to properly illuminate the flag, however, such lighting shall not project onto adjacent property or into a public right of way.

B. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign and are not being used for the new sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.

C. Signs and supporting hardware, including temporary signs and time/temperature signs shall be structurally safe, clean, free of visible defects, and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.

D. All signs shall be maintained at all times in a state of good repair, and no person shall maintain or permit to be maintained on any premises owned or controlled by him/her, any sign which is in a sagging, leaning, fallen, decayed, deteriorated, or otherwise dilapidated or in an unsafe condition.

16.080.050 Abandoned Signs

Any sign that is unused for more than 90 consecutive days shall be deemed abandoned and shall be removed by the property owner, except that if the sign is in a vacant commercial or industrial space , the sign may remain provided there is an active attempt to obtain tenants for the space.

For the purposes of this Section, "unused" shall mean the absence of copy or advertising message or the sign is on a property that is not in use.

16.080.055 Non-Conforming Signs

A. Non-conforming signs may continue to exist, subject to the following provisions:

1. Any sign that was approved under previous regulations, or for which a variance was granted, shall either be removed or brought into compliance with this ordinance as a condition of approval of design review on the appurtenant property.

2. Temporary and portable signs that are not in conformance with the provisions of this Ordinance shall be regarded as non-conforming

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and shall be removed within 90 days of the effective date of this ordinance.

3. No additions or enlargements may be made to a non-conforming sign except those additions or enlargements that are required by law.

4. A sign that is moved, replaced, or structurally altered shall be brought into conformance with this section, except that:

a. Non-conforming signs may be repaired and maintained and may have the sign copy changed. A sign may be removed from its sign structure for repair or maintenance if a permit is obtained under this section.

b. Non-conforming signs may be structurally altered when the alteration is necessary for structural safety.

c. Non-conforming signs may be reconstructed if required to be moved for construction or repair of public works or public utilities and the sign reconstruction is completed within ninety days after the completion of the public works or public utility construction or repair.

5. A non-conforming sign that is damaged shall not be repaired if the estimated expense to repair the sign exceeds fifty percent of the replacement cost of the sign as of the day before the sign was damaged. A damaged non-conforming sign that cannot

be repaired shall be removed within ninety days of the date the sign was damaged. As used herein, "non-conforming sign" includes the sign structure, foundation and supports.

6. Whenever a non-conforming sign is damaged and the estimated cost to repair the sign is fifty percent or less of its replacement value as of the day before the sign was damaged, it may be repaired and restored to the condition it was in before it was damaged and may continue to be used as a non-conforming sign, provided that such repairs and restoration are started within ninety days of the date the sign was damaged and are diligently pursued thereafter.

7. Whenever repair and/or restoration to a damaged non-conforming sign is not started within ninety days of the date the sign is damaged or is diligently pursued once started, the sign shall be deemed abandoned and shall be removed by the property owner.

8. Abandoned signs shall not be permitted as non-conforming signs.

9. No non-conforming sign shall be permitted to remain unless properly repaired and maintained as provided in this section. A sign maintained in violation of this provision shall be removed as of 90

provided in Section A.1. of this Section. Any non-conforming sign that is determined by the building official to be an unsafe sign shall be removed as provided by Section A.5. of this Section. Any non-conforming sign determined by the city manager to be an abandoned sign shall be removed as provided in subsection A.7 of this section.

B. Nothing in this section shall be deemed to prevent the maintenance of any sign, or regular manual changes of sign copy on a sign.

C. This section shall not require the removal or modification of a sign if the sign is in good condition, and located on a historically significant structure or object as recognized in the Comprehensive Plan.

D. Highway Signs. Any non-conforming signs located at tax lots 1N312AB00400, 1N301DC06300 or 1N3120000200, that were approved under previous regulations, or for which a variance was granted, and which was installed prior to April 1, 2013 will be permitted until such time that all or a portion of the sign is removed or in poor repair, for any reason including acts of god. Highway signs cannot be altered in physical dimensions.

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Subject: Ordinance 466: Amending the solid waste management franchise agreement with Garbarino Disposal & Recycling Service, Inc.

Request: Adopt Ordinance 466: Amending the solid waste management franchise agreement with Garbarino Disposal & Recycling Service, Inc. Background: The City’s original franchise agreement with Garbarino was adopted in 1993, and has not been updated since. The agreement grants “the exclusive right, franchise and privilege of using the streets of the City to provide solid waste management service for commercial, industrial and residential establishments within the City of North Plains.” (Sect. 4) I held several meetings with the Garbarino family to discuss possible changes to the agreement in the form of an ordinance and written amendment. Both sides agreed it was way past time to update the agreement, and the discussions were positive and productive. The following items represent suggested changes to the draft ordinance:

Section 7: Updates the overdue collection charge from 1% up to 1.5% of amount due. Section 10.2: Updates the collection receptacle chart to more current standards. Section 13.2: Updates the weather cancelation policy to reflect alignment with school closures. Section 14: Updates the insurance requirements. Section 15: Updates the Penalties and Enforcements. Section 18: Updates the franchise fee from 3% to 6% of gross revenues. Fiscal Impact: The current franchise fee, set in the original 1993 agreement, is 3% of gross revenues. That results in $17,000 to the General Fund, according to this year’s adopted budget. Ordinance 466 would increase the fee to 6%, which would increase the dollar figure to $34,000. If the franchise had been getting regularly reviewed in the past 26 years the fee would likely be at 6% by now, which is more in line with industry standard. of 90

Recommendation: Adopt Ordinance 466: Amending the solid waste management franchise agreement with Garbarino Disposal & Recycling Service, Inc. Sample Motion: 1. I move to conduct a first reading of Ordinance 466 by title only. 2. I move to approve the first reading of Ordinance 466. Attachments: Ordinance 466 Updated agreement with Garbarino Disposal & Recycling Service

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Ordinance No. 466 Updating Franchise Agreement with Garbarino Disposal Service Adopted October 21, 2019

ORDINANCE NO. 466

AN ORDINANCE REGULATING SOLID WASTE MANAGEMENT SERVICE WITHIN THE CITY OF NORTH PLAINS; GRANTING A FRANCHISE AND DEFINING THE TERMS OF SAID FRANCHISE; PROVIDING FOR PENALTIES; AND, OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY.

WHEREAS, the Council finds that it is in the best interests of the residents and inhabitants of the City and the public generally that a franchise for solid waste management service within the City be granted to Garbarino Disposal & Recycling Service, Inc. in accordance with the following terms and conditions.

THE CITY OF NORTH PLAINS ORDAINS AS FOLLOWS:

Section 1. DEFINITIONS:

As used in this Ordinance, unless the context requires otherwise:

1. "City" means the City of North Plains. Where the city limits are extended, the City shallinclude such extended geographic boundaries.

2. "Compensation" includes:

(a) Any type of consideration paid for service including, but not limited to, rent, theproceeds from resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons;

(b) The exchange of service between persons; and

(c) The flow of consideration from a person owning, possessing or generating solidwaste to another person who provides services or from a person providing services to another person owning, possessing or generating solid waste.

3. "Council" means the City Council of the City of North Plains.

4. "Franchisee" means Garbarino Disposal & Recycling Service, Inc. to whom a franchise isgranted by the City Council pursuant to this ordinance. Such franchise shall grant exclusiverights to provide service and solid waste management service for compensation.

5. "Gross Receipts" means all revenue received from providing solid waste managementservice under this franchise.

6. "Person" means any individual, public or private corporation, industry, co-partnership,association, firm, trust, estate or any other legal entity whatsoever.

7. "Placed for Collection" means solid waste has been placed by the customer for service by theFranchisee under the requirements of this ordinance.

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8. "Recyclable materials" means any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material. 9. "Resource recovery" means the process of obtaining useful material or energy resources from solid waste, including energy recovery, material recovery, recycling and reuse of solid waste. 10. "Service" means the collection, transportation, storage, transfer, disposal of or the resource recovery of solid waste, including solid waste management. 11. "Solid waste" means all putrescible and non-putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper, cardboard, grass clippings, compost, tires, equipment and furniture; sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, demolition and construction wastes, discarded or abandoned vehicles or parts thereof; discarded home or industrial appliances; manure, vegetable or animal solid and semi-solid wastes, dead animals, infectious waste as defined in ORS 459.387, and other wastes; but the term does not include:

(a) Hazardous waste as defined in ORS 466.005.

(b) Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals.

(c) Beverage containers, subject to reuse or refund provisions, contained in ORS 459A.700 to 459A.740. 12. "Solid Waste Management" means the prevention or reduction of solid waste; management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste; or resource recovery from solid waste; and facilities necessary or convenient to such activities. 13. "Waste" means material that is no longer usable or wanted by the source of the material, which material is to be utilized or disposed by another person. For the purpose of this paragraph, "utilized" means the productive use of wastes through recycling, re use, salvage, resource recovery, energy recovery or landfilling for reclamation, habilitation or rehabilitation of land. Section 2. POLICY: It is declared to be the public policy of the City of North Plains to regulate solid waste management service by: (1) Insuring safe, economical, and comprehensive solid waste service; (2) Insuring service rates and charges that are just and reasonable and adequate to provide necessary public service; (3) Prohibiting rate preferences and other discriminatory practices; and (4) Providing technologically and economically feasible resource recovery by and through the franchisee. Section 3. ACTIVITIES AND PRACTICES REGULATED:

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1. Except as otherwise provided in this Ordinance, it shall be unlawful for any person other than the franchise holder under the provisions of Section 4 below, to provide or offer to provide solid waste management service in the City of North Plains for compensation. 2. Nothing in this franchise shall:

(a) Prohibit any municipal corporation, special district, state or federal governmental entity from accumulating, storing, collecting, transporting, disposing or resource recovering solid waste generated from or by the operations of those entities as long as the entity complies with this ordinance, other city ordinances, and ORS Chapters 459 and 459 (A) dealing with solid waste management, and regulations promulgated under any of the foregoing.

(b) Prohibit any person in the City from hauling their own waste, solid waste or recyclable materials in a lawful manner; provided, however, that no person will be permitted to haul such waste, solid waste, or recyclable material for any other person or firm. For purposes of this subsection, waste, solid waste or recyclable materials produced by a tenant, lessee, occupant or similar person is produced by such person and not by the landlord, property owner, or agent of either the landlord or property owner.

(c) Prohibit a generator of source separated recyclable material from selling or exchanging such material to any person for fair market value for recycling or reuse;

(d) Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic pumpings and cesspool pumpings;

(e) Prohibit any person licensed as a motor vehicle wrecker under ORS 481.345 et seq. from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts;

(f) Prohibit any person transporting solid waste through the City that is not collected within the City;

(g) Prohibit a contractor registered under ORS Chapter 701 from hauling waste created in connection with the demolition, construction, or remodeling of a building or structure or in connection with land clearing and development. Such waste shall be hauled in equipment owned by the contractor and operated by the contractor's employees;

(h) Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity including, without limitation, Salvation Army, Goodwill, St. Vincent De Paul, and similar organizations;

(i) Prohibit a non-profit charitable, benevolent or civic organization from recycling solid waste provided that such collection is not a regular or periodic business of such organization. The organizations shall comply with all applicable provisions of this chapter;

(j) Prohibit a person from transporting or disposing of waste that is produced as an incidental part of the regular carrying on of the business of janitorial service; gardening or landscaping service; or rendering. (These sources do not include the collection, transportation or disposal of accumulated or stored wastes generated or produced by other persons).; and

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(k) Require franchisee to store, collect, transport, dispose of or resource recover any

hazardous waste as defined by or pursuant to ORS Chapter 466; provided, however, that franchisee may engage in a separate business of handling such wastes separate and apart from this franchise and chapter.

(l) Prohibit the city council from withdrawing certain solid waste services by amendment to this ordinance on the basis of a finding that such regulation is not necessary for the implementation of the purposes of this ordinance or a city, county or other applicable solid waste management plan.

Section 4. EXCLUSIVE FRANCHISE AND TERM OF FRANCHISE: 1. There is hereby granted to Garbarino Disposal and Recycling Service, Inc., an Oregon corporation, the exclusive right, franchise and privilege of using the streets of the City to provide solid waste management service for commercial, industrial and residential establishments within the City of North Plains. This franchise shall commence on the day of May, 1993. The rights, privilege and franchise hereby granted shall be considered as a continuing seven-year franchise, subject to termination as provided by subsection 2. of this section or section 11. 2. Prior to May 1 of any year the City Council, in its sole discretion, may by motion terminate this continuing term aspect of this franchise. In the event the Council takes such action, the franchise shall then be for a fixed term of seven years beginning on May 1 of the year in which the Council took action. Section 5. RESPONSIBILITY OF FRANCHISEE: 1. The franchisee shall use proper and suitable equipment for the hauling, removal and transportation of solid waste. All equipment for transporting solid waste on public roadways within the City of North Plains shall be covered and all equipment for handling said waste material shall be equipped with a metal body, water tight and drip proof to the greatest extent practicable. All equipment shall be kept clean at all times and sufficient equipment shall be kept on hand to properly and adequately remove all solid waste, subject to the terms of this Ordinance. 2. The franchisee shall make available solid waste management service as defined in Section 1 of this Ordinance to commercial and industrial customers in the City not less than twice a week and shall provide solid waste management service to residential customers in the City not less than once per week. On each regular collection day which precedes any legal holiday, the franchisee shall collect the waste materials from all the butcher shops and other establishments having waste materials which may become foul or offensive if kept over the forthcoming holiday. In addition to the foregoing, the franchisee shall respond to all calls from the City Council of the City of North Plains for emergency hauling or clean-up of a nuisance within three days from the date of receiving said call. If such emergency hauling or nuisance clean-up exceeds .001 percent of gross revenues in any one calendar year, Franchisee shall receive a credit on the franchise fee due to the City in the amount that Franchisee's cost exceeds that percentage. 3. The franchisee shall, without charge, pick up, carry away and dispose of any and all waste materials placed by the City of North Plains in suitable containers which hold solid waste generated by the City of North Plains.

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_

Insert updated effective date.


4. The franchisee may subcontract with others to provide a portion of the service where the franchisee does not have the necessary equipment or service capability. Such a subcontract shall not relieve the franchisee of total responsibility for providing and maintaining service and from compliance with this ordinance. Franchisee shall provide written notice to the City of its intention to subcontract any portion of the service prior to entering into such agreement. The subcontractor shall comply with all provisions of this Ordinance. 5. The franchisee shall not transfer this franchise or any portion thereof to other persons without sixty days prior written notice of intent and the subsequent written approval of City Council, which consent shall not be unreasonably withheld. The City Council shall approve the transfer if the transferee meets all applicable requirements met by the original franchisee. A pledge of this franchise as financial security shall be considered as a transfer for the purposes of this subsection. The City Council may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this ordinance. Failure of the franchisee to comply with this section shall be grounds for termination of the franchise. 6. The franchisee shall provide the opportunity to recycle in accordance with Chapter 459A of Oregon Revised Statutes, together with the rules and regulations promulgated thereunder. 7. The franchisee shall permit inspection by the City of the franchisee's facilities, equipment and personnel at reasonable times. 8. The franchisee shall inform all customers of the service requirements contained in this ordinance and in any administrative rules promulgated under this ordinance. 9. The franchisee shall comply with all laws relating to solid waste management service. 10. The franchisee shall resolve all disputes with customers unless a customer cannot meet the standards in Section 10 and requests intervention by the City. Section 6. RATES: Any person who receives solid waste management service from franchisee shall be responsible for payment of such service. The rates to be charged to all persons by the franchisee shall be reasonable and uniform, taking into consideration the cost of performing the service rendered by the franchisee, the anticipated increase in the cost of providing this service, the necessity that franchisee have a reasonable operating margin, and rates and fees charged in other and similar municipalities within Washington County, Oregon. The City shall adopt the rates approved by Washington County to be charged by the franchisee unless either the City or the franchisee notifies the other in writing that they are exercising their option for the City to regulate the rates, based on the criteria in this section. Section 7. DEPOSITS, ADVANCE PAYMENTS AND BAD DEBT COLLECTION CHARGES: To minimize loss from bad debts, franchisee may require uniform and reasonable deposits or advance payment for service and may establish uniform classes of customers to which advance payment or deposits may apply. Franchisee may charge a collection charge of $1.00 on billings thirty days overdue, $1.50 on billings sixty days overdue, and $2.50 on billings more than ninety days overdue, where the overdue billing exceeds $100.00, a collection charge up to one (1.5%)

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percent of the overdue amount may be charged in lieu of and not in addition to the charges otherwise specified in this section. The deposit may not exceed two months service charges. Section 8. AGREEMENTS WITH CUSTOMER FOR PURCHASE, COLLECTION AND DISPOSAL OF RECYCLABLE MATERIALS: The Council finds that from time to time, a resale market exists for recyclable materials, and that the customer may wish to sell such materials to the franchisee in connection with the collection and disposal of such materials for the customer. The franchisee may enter into an agreement with the customer for the purchase of any and all recyclable materials generated by the customer. Section 9. OWNERSHIP OF WASTE, RECYCLABLE MATERIALS AND SOLID WASTE: All waste, recyclable materials and solid waste located, placed or deposited in a can, container, drop box or receptacle intended to be collected by the franchisee shall belong to the franchisee. It shall be unlawful for any person other than the franchisee to remove any waste, recyclable material or solid waste from such receptacles, and any person removing such materials in violation of this section shall be guilty of a class I. civil infraction, and subject to the penalties defined in Section 15 of this ordinance. Section 10. STANDARDS FOR COLLECTION AND STORAGE OF WASTES, SOLID WASTES, RECYCLABLE MATERIALS: 1. Storage and collection of waste and recyclable materials and solid waste shall not create vector production and sustenance, conditions for trans mission of disease to man or animals, fire hazards or hazards to service or disposal workers or to the public. All wastes and solid wastes ready for collection shall be stored by the customer in a can (metal or heavy-duty plastic), cart, metal container or drop box, and such receptacles must have tight-fitting covers and hand or mechanical bales to facilitate pickup. The cleanliness of the grounds surrounding the waste, recyclable materials or solid waste storage area and of the receptacle for such materials shall be the responsibility of the customer. Solid waste containing putrescible materials shall be stored in closed containers. 2. The hauler shall be required to collect the contents of any receptacle, bag, or bundle subject to the maximum weights specified in the table below:

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3. Storage bins or storage vehicles shall be leak proof, have tight lids or covers that may be easily opened manually and shall have suitable fittings to facilitate removal or emptying by mechanical means. Containers, storage bins or storage vehicles shall be washable or have liners of paper, plastic or similar materials, or any combination thereof. All containers and receptacles shall be cleaned by the customer. 4. If for other than manual pickup, no customer shall use any solid waste collection container unless it is supplied by the franchisee or is approved by franchisee on the basis of safety, equipment compatibility, availability of equipment and the purposes of this chapter. 5. Unless placed in leak proof containers or in a container with a leak proof lid, the following items shall not be dis posed of in storage containers for pickup: (a) Oil, fats or other liquid or semi-solid wastes, (b) Other materials which create fire hazards to the public or franchisee's equipment. 6. Unless special service or special equipment is provided by the franchisee for handling unconfined wastes or solid wastes, materials such as rubbish and refuse, brush, leaves, tree cuttings, and other debris for manual pickup and collection, shall be in a securely tied bundle or box, sack or other receptacle. Solid waste, recyclable materials or waste so bundled shall not exceed 60 pounds in weight and shall not be more than four feet in length. 7. The weight of material put into a container or drop box, whether compacted or not, shall not exceed the lifting capacity of the franchisee's equipment nor shall the weight put the franchisee over the weight limit for the loaded vehicle. The franchisee shall furnish the customer with information concerning limitations on his equipment, upon request. If the weight of a container exceeds 250 pounds (loose), an additional reasonable disposal fee may be charged. Customers shall not overfill a can, cart or container so that the lid cannot be securely closed. If a can, cart or container is overfilled an additional reasonable fee may be charged. If the contents of a container, cart or drop box are compacted (either mechanically or manually), the compactor rate shall be charged. 8. Customers shall provide a space for all cans, carts, containers or drop boxes, whether used for garbage or recycling, that has adequate and safe access for collection personnel and equipment. The space provided must also comply with the City of North Plains development code. 9. Customers shall take appropriate actions to ensure that hazardous materials, chemicals, paint, corrosive materials, infectious waste or hot ashes are not put into a can, cart, container or drop box. When materials or customer abuse, fire or vandalism causes excessive wear or damage to a cart, container, or drop box, the cost of repair or replacement may be charged to the customer. Section 11. FAILURE OF PERFORMANCE BY FRANCHISEE: In the event that the collector shall fail, neglect or refuse to fulfill any or all terms and stipulations of this franchise to be by him performed, then the City of North Plains shall have the right to cancel and annul this franchise. Before any such cancellation, the City Council shall serve upon the franchisee a written notice setting forth wherein the franchisee has failed in his duties and obligations set forth in this Ordinance and fixing a time not less than ten days after service of said notice when the matter shall be heard before the City Council. At any such hearing, the

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franchisee shall have the right to be present in person and be represented by counsel and to present such witnesses and evidence as may be necessary and proper in the defense of the City's charges. The City may also present such evidence as it may deem necessary and advisable. All witnesses shall be heard under oath and may be cross examined by the franchisee or his representative, and by the City or its representatives. Findings of the Council shall be conclusive. In the event that the City Council finds an immediate and serious danger to the public through creation of a health or safety hazard, it may take action to alleviate such condition within a time specified in the notice to the franchisee and without a public hearing prior to taking such action. Section 12. INTERRUPTION OF FRANCHISEE'S SERVICE: The franchisee agrees, as a condition of this franchise, that whenever the City Council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the City Council may, after a minimum of twenty four hours' actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment of the franchisee to provide emergency service. If a public hearing is requested by the franchisee, it may be held immediately by the City Council after compliance with the minimum notice requirements for such meetings established by the Oregon Public Meetings law. The City Council shall return any seized property and business upon abatement of the actual or threatened interruption of service, and after payment to the City for any net cost incurred in the operation of the solid waste service. Section 13. TERMINATION OF SERVICE BY FRANCHISEE: The franchisee shall not terminate service to all or a portion of the customers unless: 1. The street or road access is blocked and there is no alternate route and provided that the franchisee shall restore service not later than twenty-four hours after street or road access is opened; 2. As determined by the franchisee, excessive weather conditions render providing service unduly hazardous to persons providing service or to the public or such termination is caused by accidents or casualties caused by an act of God, a public enemy, or a vandal, or road access is blocked. Garbage and recycling collection schedules may be affected by severe bad weather. If schools are closed, solid waste and recycling (including yard debris) collection may be canceled; 3. A customer has not paid for provided service after a regular billing and after a seven-day written notice from the date of mailing, which notice shall be sent not less than fifteen days after the first regular billing; or 4. Ninety days written notice is given to the City Council and to affected customers and written approval is obtained from the City Council; and 5. The customer does not comply with the service standards of Section 10 of this Ordinance. Section 14. INSURANCE REQUIREMENTS, DEFENSE AND INDEMNIFICATION:

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The franchisee shall carry with an acceptable insurance company public liability insurance on each vehicle used by the franchisee under the terms and provisions of this ordinance and commercial general liability insurance for acts and omissions committed within the scope of franchisee's performance of the terms and provisions of this ordinance as follows:

Personal injury and Bodily injury (including death): Not less than $1,000,000 for one person and not less than $1,000,000 for each occurrence.

Broad Form Property Damage (including loss of use of property): Not less than $1,000,000 damage to property of others.

Such Franchisee insurance policies shall be primary to any insurance available to the City of North Plains. The City of North Plains, its officers, employees and agents shall be named as an additional insured in any and all policies of insurance obtained by the franchisee and a copy of the public liability insurance policy shall be kept on file at the City Hall. In exchange for Franchisee's rights as franchise holder granted by the City of North Plains under the terms of this Ordinance, Franchisee hereby agrees to indemnify, defend, save and hold harmless the City of North Plains, its officers, employees and agents against any liability or damage which may arise or occur from any injury to persons or property as the result of franchisee's duties or performance under the terms and provisions of this ordinance. This indemnification shall include any liability that may exceed the limits of franchisee's insurance Coverage. The Franchisee shall furnish City certificates of insurance evidencing the date amount and type of insurance required by this agreement. All policies will provide for not less than 30 days written notice to the City before they may be canceled. Section 15. PENALTIES: Violation by any person of the terms of this ordinance or rules adopted hereunder shall be deemed a Class 1. civil infraction and shall be punishable according to the provisions of the North Plains Municipal Code Section 4.05. Section 16. ANNEXATION OF PROPERTY TO CITY: The terms and provisions of this ordinance and the franchise herein granted shall apply and extend to any and all property which may be annexed to or consolidated with, or in any other manner, be located within the boundaries of the City of North Plains during the terms of this franchise. Section 17. GENERAL PROVISIONS: 1. If any section, sub-section, sentence, clause or phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions thereof. 2. All ordinances thereof in conflict herewith are hereby repealed. 3. This ordinance shall in no way be a substitute for nor eliminate the necessity of conforming with any and all state laws, rules and regulations which are now, or may in the future, be in effect which relate to the public health. This ordinance is in addition to said state laws.

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Section 18. FRANCHISE FEE: The City shall collect, in the manner and at times herein after provided, from the franchisee, an annual fee equal to six (6%) percent of the gross receipts of the franchisee. The annual fee shall be computed and collected on a quarterly basis and shall be paid by the franchisee not later than February 1, May 1, August 1 and November l of each calendar year. Each required quarterly payment shall be based upon the gross receipts of the franchisee from the City of North Plains during the three-month period next preceding the quarterly payment date. At the time of payment of said quarterly fee, the franchisee must file with the City Recorder a sworn and verified statement of quarterly gross receipts for the period covered by the tendered fee. The franchisee shall maintain books and records disclosing the gross receipts from the City, which books and records shall be opened at reasonable times and places for audit by authorized personnel of the City. Misrepresentation of gross receipts by the franchisee shall constitute cause for termination of the franchise granted by this ordinance. Section 19. RULES AND REGULATIONS: The City may propose and prepare rules and regulations pertaining to this ordinance. The rules and regulations shall be in writing and be maintained for inspection in the office of the city recorder. All proposed rules and regulations promulgated under the authority of this section, and all amendments thereto, shall be immediately forwarded to the franchisee operating under this ordinance for response, The franchisee shall have thirty days to respond in writing to such proposed rules and regulations. If the franchisee has objections or revisions to the proposed rules, the franchisee shall meet and confer with the City regarding the franchisee's concerns. If the concerns are not resolved through consultation with the City, then the City shall forward the proposed rule, with the franchisee's comments, to the City Council for its consideration. The franchisee may request that the City Council hold a public hearing on a proposed rule. The Council may approve the proposed rule as submitted, modify the rule, or reject the rule. The City shall enact all rules by written order. Section 20. AMENDMENTS: The City or the franchisee may propose amendments to this franchise. Proposed amendments shall be in writing and shall be delivered to the City and the franchisee. The City Council shall hold a public hearing on the proposed amendments. Franchisee shall be given at least thirty days' written notice of such hearing. The City Council may, after public hearing, adopt the amendments. The Franchise shall be amended upon acceptance of the amendments by franchisee. Franchisee shall accept any amendment which is necessary to conform the franchise requirements to new or modified requirements imposed upon the City by an outside agency. Section 21. VIOLATIONS: 1. Without the consent of the owner or lessee, it shall be unlawful for any person to dispose of, place or deposit any waste, solid waste or recyclable materials in a container, drop box or other receptacle owned or leased by another person.

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2. Solid waste placed for collection belongs to the Franchisee when so placed. No person shall take or remove any solid waste placed for collection, including recyclable material. 3. No person shall provide nor offer to provide solid waste management service in the City of North Plains unless they are exempted under Section 3. of this Ordinance or unless they are the franchisee to whom this franchise is granted. These violations shall be subject to the penalties set forth in Section 15 of this Ordinance. Section 22. ORDINANCE NO. 219 REPEALED. Ordinance No. 219 is hereby repealed. Section 23. EMERGENCY CLAUSE: In order to provide for the collection and disposal of solid waste within the City of North Plains and thereby protect the health, peace, safety and welfare of the residents and inhabitants of the City, it is necessary that the terms and provisions of this Ordinance become effective immediately; therefore, an emergency is hereby declared and the provisions of this Ordinance shall become effective upon its adoption by the Council and approval by the Mayor under the provisions of the Charter of the City. INTRODUCED AND ADOPTED ON THE DATE OF: _________ __________________________________ CITY OF NORTH PLAINS, OREGON ATTEST: __________________________________ ACCEPTED BY FRANCHISEE: ___________________________________ GARBARINO DISPOSAL & RECYCLING SERVICE, INC.

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Subject: City Manager Staff Report

Plans/Projects/Misc.

• The communications plan consultant team will be here the afternoon of October 14 for the kickoff meeting of the project and starting the discovery process. They will meet with staff, the Sherriff’s Office, and available Councilors. If you are able to make any time that afternoon please let me know, they will be at City Hall.

• The candidate filing deadline for filling the City Council vacancy is October 11. • I posted the Civic Facilities Study RFP and shared with over 10 perspective bidding

firms. Proposals are due Oct 8. The Study Task Force membership is also rounding into form, and they will help with the consultant selection.

• Blake and I are working on a phasing plan for the Veteran’s Park, to spur funding and to also use some Parks SDC budget to get the project going with grading and flatwork. The park’s design review is on the Oct 9 Planning Commission agenda.

• We had our second North Plains Parks Foundation Board Development training on October 1. The Board and I are working through the details of bylaws, admin support functions, and banking, among other things.

• I recently discovered that Air BnB renters in North Plains having been remitting Transient Lodging Tax (TLT) payments to Washington County, but the City has not been receiving our share because we do not have an IGA in place with the County to do so. We will rectify that and get an IGA on an agenda within the next couple meetings. Around the same time, we may consider our own City lodging tax. At this point it would only apply to Air BnB, VRBO, or any traditional bed and breakfasts, since we have no motel/hotels.

• Relatedly, one thing I wanted to put in the head of Councilors is two revenue items the Budget Committee recommended approval for exploration, and that is a gas tax and marijuana tax. A gas tax would be earmarked for street improvements. Those items would need to go before the voters, and November 2020 was one logical target date. We should have a work session in December or January to explore these items if that is the direction the Council would like to go.

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2

Grants • Last week I submitted a DLCD Technical Assistance grant to start Phase I of a UBG

expansion, which involves updating the Buildable Lands Inventory, investigating study areas, land prioritization processes, and more. We will plan for a joint work session with the Planning Commission in November to start looking forward about where the City may grow.

Boards/Commissions/Meetings Planning Commission

• October 9: Veteran’s Park Design Review. Work session with Washington County engineers on their grading ordinance (which dictates grading plans in North Plains).

Parks & Recreation Board • October 14: Working on Jessie Mays playground equipment and update, Veteran’s Park

phasing plan.

Economic Development Committee • November 6: Discussing groundwork for economic development strategy.

Two Meeting Outlook for City Council

• The next City Council meeting agendas should include: Small Cell/5G design standards; Personnel Policy Handbook update; Wash Co TLT IGA; Council Rules and Procedures amendments.

****************************************** Council Work Sessions The Council agreed to convene for City Council meeting work sessions on the first meeting of each month (and sometimes the second ). I would welcome Council feedback, but future work session dates and potential topics I foresee include:

• November 4: Work session on the Fee-in-Lieu of Street Improvements program with planners, possibly Planning Commission

• November 13: UGB Expansion discussion BEFORE Planning Commission *Joint Work Session*

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LENAHAN 7

1/7 ** 4/1 ** 07/01 ** 10/7 ** EIMERS 7

1/22 4/15 7/15 10/21 FAGE 7

2/4 ** 5/6 ** 8/5 Cancel 11/4 ** KINDEL 6

2/19 5/20 8/19 11/18 MARTINEZ 7

3/4 ** 6/3 ** 9/3 ** 12/2 ** SHELDON 7

3/18 6/17 9/16 12/16 SMITH 7

2nd Wednesday 7:00 pm

Planning Commission

3rd Wednesday 7:00 pm Library Board

1st Wednesday 6:00 pm

Economic Development

2nd Monday 6:00 pm Parks & Rec Board

1/9 LENAHAN 1/16 FAGE 1/16 SMITH *1-23 Wed MARTINEZ2/13 FAGE 2/20 SHELDON 2/20 MARTINEZ 2/11 SMITH3/13 SHELDON 3/20 EIMERS 3/20 MARTINEZ 3/11 LENAHAN4/10 EIMERS 4/17 KINDEL 4/17 LENAHAN 4/8 FAGE5/8 LENAHAN 5/15 LENAHAN 5/1 EIMERS 5/13 MARTINEZ

6/12 KINDEL 6/19 SMITH 6/5 FAGE 6/10 SHELDON7/10 SMITH 7/17 EIMERS 7/3 SMITH 7/8 KINDEL8/14 FAGE 8/21 MARTINEZ 8/7 KINDEL 8/12 EIMERS9/11 LENAHAN 9/18 KINDEL 9/4 SHELDON 9/9 SMITH10/9 SMITH 10/16 LENAHAN 10/2 SHELDON 10/14 MARTINEZ

11/13 KINDEL 11/20 SHELDON 11/6 FAGE *11-12 Tue SHELDON12/11 ???? 12/18 FAGE 12/4 SHELDON 12/9 MARTINEZ

Filename: City Council\2017 Calendar of Meetings

2019 City Council Meeting Dates-7:00 p.m.

2019 City Council Meeting Calendar Schedule

Meetings in yellow are Tuesday meetings due to Monday holidays

2019 Schedule for Board and Commission Meetings

Meetings with ** behind them have a 6:00 pm Work Session

switch Planning 7/10 with Rickey Planning 5/8

switch ECD 2/20 with Cameron Planning 6/12

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OCTOBER 2019

MEETING PRIMARY ALTERNATE NOTE DATE

City Council1st Monday 6:00 pm Work Session - 7:00 pm Meeting 10/7

Economic Development Committee Sheldon1st Wednesday at 6:00 pm at NP Senior Center - downstairs 10/6

Washington County Coordinating Committee (WCCC) Lenahan Fage 2nd Monday at 12:00 noon 10/14

Parks Board Martinez2nd Monday at 6:00pm

at NP Senior Center 10/14

Planning Commission Smith2nd Wednesday at 7:00pm

at NP Senior Center 10/9Washington County Office of Community Development Policy Lenahan Kindel 2nd Thursday 7:00pm 10/10Metropolitan Area Communcations Commission (MACC) Sheldon Smith

City Council3rd Monday at 7:00pm

at NP Senior Center 10/21

Library Board Sheldon3rd Wednesday at 7:00pm

at NP Library 10/16Metro Policy Advisory Committee (MPAC) Fage Varner 4th Wednesday at 5:00pm 10/23

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