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City Council Packet - 05/13/1997 1 r~ COUNCIL MEETING WILL BE TELEVISED i 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 j s t i - I n P TIGARD CITY COUNCIL j BUSINESS MEETING MAY 13,1997 6:3013X TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OREGON 97223 PUBLIC NOTICE: Anyone wishing to speak on an ages Sa item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two i-ndilutes or less. Longer maiters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7.30 per. s I Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). tt f Upon request, the City will also endeavor to arrange for the following services: j Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). U SEE ATTACHED AGENDA 1 COUNCIL AGENDA - MAY 13, 1997 - PAGE 1 a NESS MEETING Call to Order - City Council & Local Contract Review Board Roll Call Pledge of Allegiance Council Communications/Liaison Reports Call to Council and Staff for Non-Agenda Items 7:35 p.m. 2. PROCLAMATION - NATIONAL EMERGENCY MEDICAL SERVICES WEEK - MAY 18 - 24, 1997 • Mayor Nicoli 7:40 p.m. 3. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA - MAY 13, 1997 - PAGE 2 AGENDA n CITY COUNCIL MEETING - MAY 13, 1997 i -6:30 p.m. • STUDY SESSION > Executive Session: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and ' pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Discussion: Proposed Agreement - Atfalati Recreation District 7:30 p.m. 1. BUSI 1.2 1.3 1.4 1.5 7:50 p.m. 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.'i Approve Councii Meeting Minuies: Aprii Band 15, 1997 4.2 Receive and File: a. Council Calendar for May, 1997 through July, 1997 b. Tentative Council Agenda 4.3 Approve Resolution Amending the City of Tigard's ICMA Deferred Compensation Plan and Trust in Accordance with Internal Revenue Code Amendments - Resolution No. 97- +i f • Consent Agenda Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenaa for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:55 p.m. 5. PRESENTATIONS BUSINESSES Mayor Nicoli TO BUSINESS RECYCLING AWARDS GROUP 8:05 P.M. 6. PUBLIC HEARING (QUASI JUDICIAL) - VACATION OF A TWENTY FOOT SLOPE EASEMENT AND A DETOUR EASEMENT ON SW 135TH AVENUE PER WASHINGTON COUNTY DEED RECORDIDOCUMENT NO. 89-20392 WHICH FALLS WITHIN PARCEL 1 OF PARTITION PLAT NO. 1996-059. a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing i h. Council Consideration 8:20 p.m. 7. DISCUSSION CONCERNING TIGARD TRIANGLE • Community Development Director Hendryx COUNCIL AGENDA - MAY 13, 1997 - PAGE 3 I 8:50 p.m. 8. ADOPT FEES AND CHARGES IN THE URBAN SERVICE AREA - RESOLUTION NO.97- • Finance Director Lowry 9:05 P.M. 9. AUTHORILA I ION OF DAR I OU T H LUC;AL IMPROVEMENT DISTRICT INTERIM FINANCING - RESOLUTION NO. 97- 0 Finance Director Lowry i 9:20 p.m. 10. PARKS SPECIAL DISTRICT REPORT • Mayor Nicoli 9:40 p.m. ii. A~r^Ir'ivvE r+GnEEiriEiiT GE" I VE V THE la 1 T OF TIGARD AND THE I ATFALATI RECREATION DISTRICT I. City Manager Monahan 10:00 P.M. 12. NON-AGENDA ITEMS 10:10 P.M. 13. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those resent. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. ® COUNCIL AGENDA - MAY 13, 1997 - PAGE 4 i Agenda Item No. 1 ; Meeting of TIGARD CITY COUNCIL MEETING MINUTES - MAY 13, 1997 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. Staff Present: City Manager Bill Monahan; Legal Counsel Pam Beery; Finance Director Wayne Lowry; Community Development Director Jim Hendryx; Senior Planner Nadine Smith; Public Works Director Ed Wegner, and City Recorder p Catherine Wheatley. f F > Discussion: Proposed Agreement - Atfalati Recreation District Bill Monahan, City Manager, reviewed the discussions held with Atfalati representatives regarding the land acquisition to expand Cook Park. He noted the use of a third party neutral, Attorney Pat Furrer, to draft the language of the agreement. The major sticking point continued to be the hold harmless provision for insurance. Mr. Furrer and an insurance attorney agreed that the hold harmless requirement would kill the agreement for the leagues. Local leagues typically obtained insurance coverage from their national organizations, which were reluctant to agree to hold harmless provisions. Mr. Monahan referenced his memo reporting that the leagues favored taking out the insurance provision and leaving that discussion until later. However, they had not known of Pat Furrer's recommendation on the hold harmless clause. 4 Councilor Scheckla mentioned that youth football people had contacted him. He asked if they were involved in this. Mr. Monahan explained that the football league had indicated interest during the formation of the Cook Park Task Force but had not continued to be involved in the discussions. He said that this recreation district had been formed with the intent to allow any other league to join. However, at this time, Afalati was composed of only the Soccer and Little Leagues. He mentioned the extensive discussion on whether later participants had to pay into the financial arrangements between the City and the district. Mr. Monahan explained that in return for the leagues' contribution toward half a the purchase price of the Lamb-Gray property, the leagues received priority CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE I { y t ~l interest in the fields developed there. This did not preclude others, like the football league, from using the fields but it did mean that the scheduling would have to be worked out. He noted that this group also wanted to develop a park special district covering the Tigard-Tualatin-Sherwood area. This would consolidate the fields under one management. He reiterated that any league was welcome to join the district. He said that the City did not ieave the football league out but the Soccer and Little Leagues were the groups that stepped forward. Councilor Rohlf commented that he understood that part of the problem with the football league had been a personality conflict between the leaders of the soccer and football leagues. He expressed concern at the City stepping into the middle of that type of situation. He pointed out that he did not want to give the K appearance of excluding the league. Councilor Hunt pointed out that ARD was such a new organization that the City had no guarantee it would last any length of time. He expressed concern at entering into an agreement with an organization with whom the City had no history. Mayor Nicoli explained that under the agreement the leagues were liable for the agreement, even if the recreation district disbanded. Pam Beery, Legal Counsel, concurred. She suggested reviewing the ~y incorporation documents to determine what happened if ARD dissolved. Councilor Hunt expressed concern at having two city officials on the management committee (page 3). He mentioned the need for more technical expertise than the Council possessed. Mr. Monahan explained that "city official" included elected officials or city employees. Councilor Hunt mentioned that he thought the leagues were to build the restrooms and playground facility down by their fields (page 5). Mr. Monahan explained that the restrooms and playground might be moved closer to the City's part of the park. They decided to word that provision as the leagues agreeing to do a to be determined percentage of the playing fields and parking as well as 100% of the snack shack while the City would be responsible for improvements serving the general public - again the percentage to be determined. It was a good faith agreement that the percentages would be equitably worked out based on the location of the facilities. Councilor Hunt asked about the insurance requirement (page 9). Mr. Monahan ! explained that that was Option B which the leagues wanted to discuss. J CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 2 ,.1 The Council discussed why the football league might have dropped out of the discussions. Mayor Nicoli pointed out that initially the hope was that there would be several football sized fields on the Lamb-Gray property but that reduced down to two fields. At that point the football league stopped attending the meetings. Councilor Rohlf commented that while he agreed with the fundamental process, he wanted to see the big picture prior to moving forward with the agreement. Councilor Hunt concurred. Councilor Rohlf asked why they had to move forward so quickly on this agreement. The Council discussed how to proceed. Mayor Nicoli indicated that he did not share the other Councilors' concerns with the agreement. The Council agreed on authorizing purchase of the Lamb-Gray property tonight, and waiting on this agreement until Ms. Beery has reviewed the incorporation documents of Atfalati. CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 3 f a Ms. Beery said that she was not comfortable with Option B (which deferred the discussion), though she could live with Option A (which deleted the hold harmless provision and included a good insurance provision). Mayor Nicoli spoke to the hold harmless issue. He pointed out that the youth organizations did not have the wherewithal to hold a city harmless. He mentioned that the leagues currently provide their own insurance to cover the players. He noted a related issue of whether or not the City demanded proof of insurance from any other group using City facilities. Most groups now did not have their own insurance. Mr. Monahan commented that the investment of the leagues was much bigger now that they were involved in the development of the park, and not merely in maintenance and improvements. He mentioned differentiating between those who had an "equity stake" in the park and those who simply used it on a regular basis. Ms. Beery concurred that deleting the hold harmless provision was a reasonable compromise because of the insurance situation of non-profits. She said that she thought that they needed good insurance because this agreement contemplated a different level of activity, as described by Mr. Monahan. She recommended Option A. However if construction did not occur until after the March 1, 1998, f deadline in Option B, Option B was acceptable. Mayor Nicoli pointed out that neither the City nor Atfalati could make improvements to the land without the other's agreement. Mr. Monahan also recommended Option A. Councilor Hunt commented that no one really knew what "hold harmless" meant anyway. Ms. Beery concurred. i E 7 k E t r > Executive Session: The Tigard City Council went into Executive Session at 7:116 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss or relations, real property transactions, current and pending litigation issues. i ..,a.l Dxcuutive Session adjourned at 7.40 n.m. - 1. BUSINESS MEETING Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:45 p.m. • Council Comm unications/Liaison Reports Mayor Nicoli reported that he has met with two neighborhoods in the last month. He would pass along their concerns to the Council during the next week. Councilor Scheckla recognized the Food Drive at the Post Office lead by the Leadership Group from Tigard High School. • Call to Council and Staff for Non-Agenda Items _ Bill Monahan, City Manager, noted the addition of the Lamb-Gray property adjacent to Cook Park as Item 12. > Washington County Intergovernmental Agreement Mayor Nicoli congratulated Commissioner Roy Rogers of Washington County on being named First Citizen next year. He thanked him for his service to both F the County and the City. Commissioner Rogers presented Mayor Nicoli with a $220,000 check from the County as part of the intergovernmental agreement recently signed to transfer 1 urban services from the County to the City in the areas of Tigard interest in unincorporated Washington County. He noted the intensive effort by both staffs, and spoke to the farsightedness of this agreement. Joe Grillo, Washington County, thanked Mr. Monahan and Mr. Hendryx on behalf of Land Use and Transportation for their work. 2. PROCLAMATION - NATIONAL EMERGENCY MEDICAL SERVICES WEEK MAY 18 - 24, 1997 CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 4 1 2 dw& Mayor Nicoli recognized the proclamation of May 18 - 24 as National Emergency Medical Services Week. Tim Boyle, Metro West Ambulance, thanked the City for supporting their EMS providers with this proclamation. He stated that the goal of the EMS providers was to meet the emergency needs of the community in a compassionate, timely, and professional manner. He presented the City with a plaque and invited the Council to attend the VIP ride along. 3. VISITOR'S AGENDA > Jack Polans, 16000 SW Queen Victoria Place, King City, commented that he thought the financing plan for the #:vc year plan was outdated. i ie spoke to cities paying attention to world financing and accountancy events. > Kathy Godfrey submitted a memo into the record. 4. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Rohlf, to approve the consent agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 4.1 Approve City Council Minutes: April 8 and 15, 1997 4.2 Receive and File: a. Council Calendar for May, 1997 through July, 1997 b. Tentative Council Agenda 4.3 Approve Resolution Amending the City of Tigard's ICMA Deferred Compensation Plan and Trust in Accordance with Internal Revenue Code Amendments - Resolution No. 97-19 5. PRESENTATION TO BUSINESS RECYCLING AWARDS GROUP BUSINESSES Catherine Wheatley, City Recorder, explained that tonight the City was recognizing the nine BRAG (Business Recycling Awards Group) businesses located in Tigard. She read statements describing each business and its recycling efforts. The Council presented lapel pins and City of Tigard coffee j ~ 1 CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 5 I 6. F cups to the business representatives in attendance. The Mayor thanked them for their recycling efforts. The businesses recognized were: • IKON Office Solutions • Louie Photography, Ltd. • Thomas Wright, Inc. - Bob Wright (engineering firm) • Americold - Bill Daniels (frozen food distribution) • KCM, Inc. (engineering firm) • PostNet - Henry Tang (postal and mailing) • Dr. Michael Wilhelm, Dentist • Quest Diagnostics • Southwest Office Supply - John Savory PUBLIC HEARING (QUASI JUDICIAL) - VACATION OF A TWENTY FOOT SLOPE EASEMENT AND A DETOUR EASEMENT ON SW 135TH AVENUE PER WASHINGTON COUNTY DEED RECORD/DOCUMENT NO. 89-20392 WHICH FALLS WITHIN PARCEL 1 OF PARTITION PLAT NO. 1996-059. a. Mayor Nicoli read the hearing title and opened the public hearing. b. C. Jim Hendryx, Community Development Director, referenced the staff report regarding the requirement of a construction easement on this property during the construction of SW 1351h. Now that the street was completed the City no longer needed the easement. Staff recommended vacation at the request of the property owner. Councilor Moore asked why it took so long to vacate the easement. Mr. Hendryx explained that clean up of easements was done only at the request of the property owner. d. Declarations or Challenges There were none. i Staff Report Public Testimony There was none. CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 6 ,j a i 3 e. Mayor Nicoli closed the public hearing. E Council Consideration Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance No. 97-03. The City Recorder read the number and title of the ordinance ORDINANCE NO. 97-03, AN ORDINANCE CONCERNING THE VACATION OF A 20 FOOT SLOPE EASEMENT AND A DETOUR EASEMENT. DOCUMENT NO. 59-20302 WHICH FALLS WITHIN PARCEL 1 OF PARTITION PLAT NO. 1996-059 IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted eyes. DISCUSSION CONCERNING TIGARD TRIANGLE i Mr. Hendryx reviewed the history of the Tigard Triangle zoning and design standards. He said that since the March 11 adoption of the design standards a . number of questions have arisen from the Task Force and the public on the process and the standards. He introduced Elaine Cogan, the consultant who lead the public involvement process. He explained that Lloyd Lindley and John Spencer would attend the meeting next week to answer questions on the technical aspects of the document. Elaine Cogan presented her credentials as a public process facilitator. She said that this process was one of the most comprehensive and inclusive processes with which she has been involved. The product that evolved from the process had as much community participation as was possible. Ms. Cogan reviewed the public process. A 16 member Task Force met for 13 months. She facilitated those meetings. She mentioned the primary goal of ! the Task Force for the Triangle: to create a mixed use employment district that was complementary to the rest of the community and the region. She stated that after revisiting the goals and principles developed by the Task CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 7 Force, she was convinced that the document developed met those goals. She noted the two public open houses and the public questionnaire asking for input. She reiterated that they had included everyone who was interested. She mentioned that the Task Force listened to everyone who came to the table, both citizens and developers. Ms. Cogan said that generally the Task Force agreed on the standards. They were not necessarily unanimous on every point but there was general agreement after the Task Force worked through the issues. She commented that this was a dynamic situation. She said that while the product was not perfect, the Council could have confidence that the process was sound. She stated that if the Council made changes to the document, then they should go through the same deliberative process as used by the Task Force. Councilor Moore commented that Ms. Cogan had said at the March 11 hearing that if the Council changed anything "on the fly", they would be breaking faith with the Task Force. He asked why she thought, from a process standpoint, this has become controversial after the fact. Ms. Cogan said that she did not know. She commented that in democracies people did not necessarily get their way 100%. Sometimes people concluded that meant that the process was flawed but that was not true. The process was sound; people just did not get their way 100%. Councilor Moore commented that from the letters received by the Council, the controversy seemed to be fairly widespread. Ms. Cogan said that Council would have to make the judgment on whether or not it was widespread. Councilor Moore asked if Ms. Cogan would make any change to the process if she had to do it over again. Ms. Cogan said that the only change she would make would be to speed up the process but she did not know if that was possible. She pointed out the insistence of the Task Force in dealing thoroughly with the issues. She said that she did not think the Council should revisit the goals and principles developed by the Task Force. She reiterated that the plan followed the goals. She did not know where they could make any changes to the process. Councilor Hunt mentioned that he had understood from testimony that the Task Force did not have the opportunity to review the final staff report before it went to Council. Ms. Cogan said that she thought that was unfair. She reviewed the process the consultants and staff went through after each meeting to revise the document to reflect the Task Force's comments. She reiterated that there was general agreement on those comments. CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 8 noted that they received comments from all citizen members of the Task Force. They have not heard from any agency representatives. He pointed out that the consistent concern was that the 660/330 issue was not looked at in depth. Shuuiu be n the ~ p.. ublic d^.,... .,rpr... . ..^tel; , help? ~.g,u`s o.f,-vuy . Mayor Nicoli referred to the public hearing process and the level of understanding with regard to Metro requirements and how it would affect the Triangle. Now the developers were saying those standards would not be workable for their development proposals. He stated that he found no flaw in the process used in the Task Force. He spoke for revisiting a few issues; he pointed out that he has not heard of anyone who wanted major revisions to the a standards. Ms. Cogan concurred that some of the more abstract and difficult concepts could be revisited, now that they had a practical application demonstrating what those concepts really meant. She reiterated that throwing out the entire document would not be fair to the process because it had worked. In response to a question from Councilor Rohlf regarding the overlay and the transportation flow, Mr. Hendryx suggested deferring technical questions till next week when Mr. Lindley and Mr. Spencer would be here to answer them. Jack Polaris, 16000 SW Queen Victoria Place, King City, asked if Ms. Cogan saw the letters from citizens regarding this matter. Mr. Hendryx said that all correspondence has been shared with the Council and reviewed by the consultants. Kathy Godfrey, Hermosa Way, Task Force member, expressed her pride in the work done by the Task Force. She held that the Task Force was well- educated step by step and did understand the issues. She said that they were simply fine-tuning one or two points in the document, not throwing the whole thing out. She concurred that there was a problem with the easements. As a taxpayer she thought that the vendor profiting from the easements should pay for them, not the City. Joanne Nordling concurred with Ms. Cogan's comments that the process was fine. She said that the difficulty lay in carrying out the ideas of the Task Force. She encouraged fine-tuning the document to work out the original ideas of the Task Force. n Mayor Nicoli commented that he did not think the problem was serious. He u CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 9 i Gordon Martin, 12265 SW 72"d Avenue, said that 99% of the citizen h ith th bl e rus em came w involvement process was great. He stated that the pro 3 at the last two meetings to get the document ready for presentation to Council. He expressed his concern that he had not had an opportunity to review the final staff report prior to that Council hearing. He said that they sacrificed j clarity and conciseness to meeting the deadline, citing Tim Ross' letter. They had needed a couple more meetings to fine-tune the document. He mentioned the short notice of the last meeting. Councilor Rohlf asked for staff response to Mr. Martin's comments. Ms. Cogan said that as she recalled it, there had been a two week period between i the last meeting and the Council hearing during which the report was available to the Task Force members. She could not speak to the notification issue. She expressed her appreciation for Mrs. Nordling's comments as Mrs. Nordling had attended several meetings without being a member of the Task Force. She concurred with Ms. Godfrey that the Task Force members were now the best educated citizens in Tigard on these matters. Councilor Moore noted Mr. Martin's statement that he had not received the i documents until after the Council decision. He asked if there had been any a problem. Nadine Smith, Senior Planner, said that she was not aware of what - 1 the problem could have been. She had been in daily contact with Mr. Martin. Mr. Hendryx commented that Ms. Smith and the consultants worked closely with the Task Force to make sure that they understood the principles under discussion and the recommendation going forward. He noted that they had been on a very tight timeline. 8. ADOPT FEES AND CHARGES IN THE URBAN SERVICES AREA - RESOLUTION NO. 97-20 Wayne Lowry, Finance Director, explained that in order for the City to a charge appropriate fees in the implementation of the urban services agreement, the Council needed to adopt the fees and charges for building, planning, and j engineering, as set out in the staff report and reviewed by the City Attorney. In response to a question from Jack Polaris, Mr. Lowry explained that the City was simply adopting the fees currently charged by the County for use in the unincorporated area. Mayor Nicoli held that this was not a fee increase in the City of Tigard. Motion by Councilor Moore, seconded by Councilor Rohlf, to adopt Resolution No. 97-20. i ' i CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 10 CHARGES TO BE COLLECTED IN THE UNINCORPORATED AREA -111"OVY'N AS THE URRAN CFRVICES Or WASHINGTON COUNTY JL IV AREA BY AGREEMENT WITH WASHINGTON COUNTY. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 9. AUTHORIZATION OF DARTMOUTH LOCAL IMPROVEMENT DISTRICT INTERIM FINANCING - RESOLUTION NO. 97-21 Mr. Lowry explained that this resolution would extend the notes on the Dartmouth LID for another 18 months at 4.09%. The notes were due on June 1. The resolution was prepared by a bond attorney and set forth Council direction needed to complete the transaction. In response to a question from Councilor Hunt, Mr. Monahan said that staff has cleared up the discrepancy in the boundaries of the right of way reported in the letter from a citizen. Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Resolution No. 97-21. The City Recorder read the number and title of the resolution. RESOLUTION NO. 97-21, A RESOLUTION AUTHORIZING INTERIM FINANCING FOR THE DARTMOUTH STREET LOCAL IMPROVEMENT DISTRICT IN A MAXIMUM AMOUNT OF $4,625,000. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") The City Recorder read the number and title of the resolution. RESOLUTION NO 97 20 A RESOLUTION ADOPTING FEES AND 10. PARKS SPECIAL DISTRICT REPORT Mayor Nicoli reported that he, Mr. Monahan, and Ed Wegner have met twice with representatives from the Sherwood and Tigard-Tualatin School Districts and from the Cities of Sherwood and Tualatin to discuss the possibility of CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 11 f i n tW. forming a parks special district. He noted their discussion on the similar problems the agencies had in field maintenance, availability, and the number of fields needed to meet the growing needs of the agencies. He said that they would wait on another meeting until after Measures 47 and 50 were resolved. The individuals interest in promoting the district would have to determine the public support. Mr. Manahan comm.cntcd that inure were many jurisdictional issues to work out in forming a recreation district. 'i ne issue would take a great deal more discussion. Mayor Nicoli said that he thought it would be a minimum two-year process. Mr. Monahan said that staff would provide the Councilors with notice of scheduled meetings. 11. APPROVE AGREEMENT BETWEEN THE CITY OF TIGARD AND THE ATFALATI RECREATION DISTRICT Mr. Monahan reviewed the background on this agreement with the At hlati Recreation District or ARD. He explained that the group was currently composed of the Tigard Soccer League and the Tigard Little League. These two groups had approached the City a year ago to work with them in land acquisition for an expansion of Cook Park. The City financed a master plan for the Cook Park expansion, and entered into an option to purchase the Lamb- Gray property. They also discussed acquiring the Thomas Dairy property owned by USA. Mr. Monahan said that through a series of meetings, the City and the leagues have worked out an agreement in which the City would purchase the Lamb- Gray property and the leagues would pay $15,000 a year for 10 years to offset half the acquisition cost. He pointed out that the agreement allowed other sports leagues to join the group at a later date. It gave priority use of the fields (once developed) to ARD. Mr. Monahan mentioned that while the agreement did not specify how the fields would develop, there was a good faith commitment by the leagues to build their portion in compliance with the master plan. He emphasized that the property was not solely dedicated to field use but would include other park uses. He noted the management committee was comprised of two city officials and two league officials. Mr. Monahan credited the leagues, the Mayor, Jim Hendryx and Ed Wegner for the effort they put into developing this agreement. Mr. Monahan reviewed the study session discussion on this topic. He said that he understood that Council wanted to continue to gather information prior to proceeding with the agreement. He mentioned the insurance provisions as the two sticking points in the agreement. CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 12 ■ Pam Beery, Legal Counsel, reviewed the options for insurance. Option A deleted the hold harmless language but maintained the insurance language. Option B allowed deferring the insurance question for 10 months with the understanding that no construction would occur until the issue was settled. She recommended Option A. David Nicoli, Atfalati Recreation District, presented their bylaws and incorporation papers to Ms. Beery. He explained that if the City went with Option A, he had to return to his national organization for approval, a process that could take several months. The leagues have both approved resolutions for Option B. He mentioned that in the past their insurance coverage for games on the Lamb-Gray property came from Oregon Youth Soccer Association. i Mr. Nicoli explained that ARD was a non-profit organization formed to allow the cities and other non-profit leagues (adult or youth) in the quad-city area to join (Tigard, Tualatin, Durham, and Sherwood). It was their intent to get as many leagues as possible into their group. He explained that the football people were initially at the table but dropped out, possibly as it became clear that the Lamb-Gray property was not large enough to accommodate football fields. He mentioned that Afalati did contribute $5000 towards the cost of the agreement. Councilor Hunt mentioned that Council's intention to approve the purchase of the Lamb-Gray property tonight should remove the pressure Mr. Nicoli indicated he felt in getting the agreement drafted. He commented that there were still unanswered questions that the Council would like cleared up. Councilor Rohlf supported Councilor Hunt's comments. He expressed his admiration for this project that was good for the City and the kids. In response to questions from Councilor Scheckla, Mr. Nicoli said that the Soccer Club had 1800 kids, and the Little League 800. This included Durham kids. He reiterated their intent to incorporate as many leagues as possible in the district. He mentioned that with the addition of these fields to the high school fields, they might be able to hold tournaments and raise money to pay for maintenance. Councilor Scheckla indicated his support of Mr. Nicoli's efforts. CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 13 3 Mr. Monahan suggested postponing further discussion to the June 17 meeting to allow time for Ms. Beery to review Atfalati's documents and for the T Council to identify any other issues of concern to them. Jack Polans asked if they considered a skateboard park for the Lamb-Gray property. Mayor Nicoli said that it has not been discussed at this time. i 12. NON AGENDA ITEMS i Mr. Monahan reported that the option on the Lamb-Gray property was due shortly. He asked for Council direction, and stated that staff would bring the j paperwork on May 27 to ratify the Council action. Motion by Councilor Hunt, seconded by Councilor Moore, to authorize I gtafP t., PgPr~ise. the option to purchase the Lamb-Gray property at the agreed price. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 13. EXECUTIVE SESSION - None 14. ADJOURNMENT: 9:27 p.m. i m - i Catherine Wheatley, City Recor r Attes l or, City of Tigar Date: i:ladmlcadiy\ccm\470513.dm I CITY COUNCIL MEETING MINUTES - MAY 13, 1997 - PAGE 14 i~ i I COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 694.0360 Notice TT 8 819 BEAVERTON, OREGON 97075 Legal Notice Advertising RECEIVED *City of Tigard • ❑ Tearsheet Notice MAY 12 1997 7 13125 SW Hall Blvd. •Tigard,Oregon 97223 • ❑ Duplicate Affidavit CITY OF. JIGARD - •Attan;Accounts cayabit- 1 AFFIDAVIT OF PUBLICATION r STATE OF OREGON, COUNTY OF WASHINGTON, as. 1 Kathy Rn I rlPr :r , ~ being first duly sworn, depose and say that I am the AdvertisinDirector _9. or hi i i T i st::r,r,.. , s pr nc pal clerk, of the gard- ua1 ati n mes / ~ a newspaper of eneral clrct4.....,,.. a. !a deli a ^^S ' 0_ din ~.O and 193.020; published at Tigard ' a.• in the aforesaid county and state; that the nnt Cityi 1 Business DiP ti nq a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE. successive and consecutive in the following issues: May 8,1997 i Subscribed and sworn tfore me this Q 19 i 0 '!CIAL SEAL P ROE A. BURGESS Notary lic for Oregon NOTAS 3LIC - OREGON 00 ^ My Commission Expires: I'} C~ mm ; 80. 024552 I c:i"rifiES A1AY10.1997 AFFIDAVIT i l i I ) y CITY COUNCIL BUSINESS MEETING TIGARD CITY HALL-TOWN HALL 13125 S.W. HALL BOULEVARD, TIGARD, OREGON MAY 13,1997 Study Meeting (Red Rock Creek Room) (6:30 P.M.) Executive Session • Atfalati Ball Leagues Agreements Discussion Business Meeting (Town HAI) (7:30 P.M.) • Presentations to BRAG Businesses • Public Hearing - 135th Avenue - Vacation of 20-Foot Slope Easement • Consider Resolution to Adopt Fees and Charges in Urban Service Area • Parks Special District Update • Tigard Triangle Discussion Consideration of Atfalati Ball Leagues Agreement M819 - Publish May 8, 1997. COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 664-0360 Legal Notice TT 8802 BEAVERTON, OREGON 97075 RECEIVED Legal Notice Advertising MAY 0 5 1997 *City of Tigard • ❑ Tearsheet Notice T CITY OF IGARD 13125 SW Hall Blvd. •Tigard,Oregon 97223 • ❑ Duplicate Affidavit t 'Accounts Payable • AFFIDAVIT OF PUBLICATION r STATE OF OREGON, ss e : " ` I . COUNTY OF WASHINGTON, I .L I, Kathy Snyder being first duly sworn, depose and say that I am the Advertisingg Director, or his principal clerk, of theTigard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the L.,J aforesaid county and state; that the Pnh1ir_ HPAring-1'15h Avenue Slope a printed copy of which is hereto annexed, was published in the ! entire issue of said newspaper for T110 successive and i consecutive in the following issues: April 24,May 1,1997 I 1997 l f s 1 i !st day o ay, Subscribed and sworn to fore me thi r ~ [ OFF. IAL =EAL S u(c Cam i ? % bli f N t O ROM H A EURGES 10 - OREGON NOTA i 7 21 or regon o a u c t-' . - - Cp.>.tAC ::0.024552 My Commission Expires: )t L , ^ESMAY16,1997 AFFIDAVIT 1 r .~1 The Tigard City Council will hold a public hearing on Tuesday, May 13, 1997, at 7:30 p.m., at the Tigard City Hall, Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon, to consider the PROPOSED VACA- TION OF A TWENTY (20) FOOT SLOPE EASEMENT AND A DETOUR EASEMENT ON SW !35TH AVENUE PER %V `SHENGTON COUNTY DEED RECORD/DOCUMENT NO. 89-20392. The request was initiated by the City Council on March 25. 1997. Any in- terested person may appear and be heard for, or against, the proposed vacation of said Slope and Detour Easement Vacation. Any written objec- tions or remonstrances shall be filed with the City Recorder by May 13, 1997, before 7:30 p.m. PUBLIC HEARING ■ > NOTICE OF 135TH AVENUE SLOPE AND DETOUR EASEMENT VACATION HEARING < VACATION OF A TWENTY (20) FOOT SLOPE EASEMENT AND A DETOUR EASEMENT ON SW 135TI1 AVENUE PER WASHINGTON COUNTY DEED RECORD/DOCUMENT NO. 89-20392. LOCATION: ADJACENT TO THE WESTERLY PROPERTY LINE OF WCTM IS133DB, TAX LOT 07300. SITUATED ON THE EAST SIDE OF SW 135TH AVENUE, NORTH OF SW BRITTANY DRIVE. TT8802-Publish April 24, May 1, 1997. a i s 3 CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, dep-ase a-1 &V. That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) - 6 & "1, 6 f which were adopted at the Council Meeting dated 13 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ 1 q day of 19 00 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon i 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this o? b day of 19 97 I i OFFICIAL SEAL - , JILL ANN DRUMMOND . NOTARY PUBLIC-0REGON ' COMMISSION N0.05f1924 J MY COMMISSION E%PIRES OCTCAER 2E, 2[100 L%&dmVo4ffpwLdx i 66-tary Public for Oregon My Commission Expires: - o CITY OF TIGARD, OREGON ORDINANCE NO.97- 03 1 AN ORDINANCE CONCERNING THE VACATION OF A TWENTY (20) FOOT SLOPE EASEMENT AND A DETOUR EASEMENT PER DOCUMENT NO. 89-20392 WHICH FALLS WITHIN PARCEL 1 OF PARTITION PLAT NO. 1996-059 IN THE CITY OF TIGARD. OREGON. WASHINGTON COUNTY, WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on March 25,1997; and WHEREAS, the twenty (20) foot slope easement and detour easement had been dedicated to the public per Document No. 89-20392 for the construction of SW 135th Avenue; and WNEREAC, the construction of Southwest 135th Avenue has been completed; and WHEREAS, the twenty (20) foot slope easement and detour easement is no longer necessary; and ' WHEREAS, the applicant requests to vacate that portion of the twenty (20) foot slope easement and detour easement which falls within Parcel 1 of Partition Plat No. 1996-059; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the ommunity Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and 1 J WHEREAS, a subdivision approval (SUB 95-0005) was granted on the parcel containing the easements; and WHEREAS; the plans submitted with the subdivision application did not reflect these easements; and WHEREAS, the easements are contained within six (6) of the subdivision lots; and ! II WHEREAS, five (5) of the lots have houses that project five (5) feet into the slope easement and two (2) of I ! the lots have houses that project into the detour easement; and i WHEREAS, the easements do not practically affect the lots since the construction of SW 135th Avenue has been constructed; and WHEREAS, the applicant would like to remove the appearance of a conflict between the easements and the housing units; and "VHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the i -affected area, as described by ORS 271.080; and 1 ORDINANCE No. 97-_ i:\citywidelord\vacbow2.ord Page I oft will d. 08119/96 11:16 AM 1 r 3 WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the rea to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and i vnm nn O L_ l~.___.ll uav.~ - u~ amt d ut . on u May Ma . 131997 Sn3s that •111L' 1~L'1!'fJ, LIM ~ ILy L~l)W1V 1\ LLa5 L.VI a v a~Yut.u• ta\a1L LL Is Ill UIG PUUII%, interest to approve the request to vacate said slope and detour easement as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said twenty (20) foot slope easement and detour easement per Document No. 89-20392 which falls within Parcel 1 of Partition Plat No. 1996-059 as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by LLus re .L nce, made part thereof SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By _ U/1 Q 2 iM yU S vote of all Council members present after being read by number _ and title only, this L3~^ day of , 1997. - Catherine Wheatley, City Recorder' APPROVED: By Tigard City Council this 131 day of ~r 1997. s Nicoli, Mayor 3 ORDINANCE No. 97--C13 k~ is\cirywide\ord\vacbow2.ord ! Page 2 of 2 will d. 08/19/96 11:16 AM 1 i S 84. 03' 43' E 29.07 catr4... sn,4.c +o SOUK[ rq, S 0' 03' 32' E 292.02 G T 41.90 Z - N 73• SW 21" E W < 49.34 z - Li - N 69'25'06' E SS Q 59.45 n Li = C ~ N 6s 42' 09' E C v O ` 47.05 a O H 67 52' S0' E r}- 47.74 SM. 133*0 4VcW w~ ~Z N 73'17'30'E 47.66 O W = .°o. 53 _ O " a C Z $ a- iS99=i Oi 21 a h LLI sal. 3Y 00' E 61.46 . ~ ~ ° g ao3 Z :•p2~56s0('tt'E V) N = i 0 37.40 X LL. W e Q S 53' 26' 25' E- O . 3 50 0 < 3 ~o W Z~ cx q-- i N w2r06'E- O v, n p : 42.94 • o , •a r= W< C C 5 77. 31' 31' E Q . Q 32.94 o b = . C7 S 54. 15' 19' E U _ Q 2 r= 40.39 • - ~p v+w ~ Sys Or WE „W 38.73 a W -c n S 64' 55' 56' E 41 93 . E ► _ _ +a o U _i 42.20 1Y 44' E Z 5 7. 4 34 . ' ' - S 60 43 22 E r~N 0' 00' 49'k --37 ,S.w. 135114 AvENUE (C-R- NO. 934) Y L ~h Y~~a SITE PLAN CASE NO. EX$II EAuIBIT MAP UMBMVAUMIN / / ~ 1C~LC-r•I~~XL W SNC HAWKS s•! sued to r x•00 ram i r i 0 na I Ic2II.lt5i '.,N/fat) Noce: Mac is not to scale IN 1 i i CITY OF TIGARD, OREGON i RESOLUTION NO. 97.%_10 A RESOLUTION CONCERNING THE VACATION OF A TWENTY (20)-FOOT SLOPE EASEMENT I kNl) A DETOUR EASEMENT PER DOCUMENT EASEMENT 89-20392. _ WHFRFAS, a rwitnty i'-n..~~F,„: -10- ~ ~ Er• ...uur.:aaxiuciaL wclc L7[CVIOUSIy oealcaled to the public per document easement 89-20393; and WHEREAS, the construction of SW 135th Avenue is complete; and WHEREAS, the twenty (20)-foot slope easement and the detour easement are no longer necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW, TIIEREFORE, BE IT RESOLVED by the Tigard City Council that. SECTION 1: The Tigard City Council initiates a request for the vacation of a twenty (20)-foot slope easement and a detour easement, as more particularly described in Exhibit "B". j , SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday May 13th, 1997 at 7:30 p.m. at Tigard City Hall - Town Hall, 13125 SW Hall Boulevard, within the City of Tigard. at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard for, or against, the proposed vacating of said public f right-of-way. SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on April 24th. 1997 and the final publication to be on May 1st. 1997. The r City Recorder is fiuther directed to cause to have posted within five (5) days after the date of { fast publication, a copy of said notice at, or near, each end of the area proposed to be vacated. SECTION 4: The particular easements to be vacated are shown on the attached Exhibit "A" and by reference. made a part hereof. PASSED: This day of 1997. I i avor - City of Tigard ATTEST: i ~lC-t~'L~ Lcn.,t CC~ -22z~c'u,r C~;ecorder - City of Tigard I y i RESOLL,nov %0.97-L EXHIBIT 0:1°#3 -mdl i Oil1 39 3.6.4 P%1 Kill D.Plau~ing 1, - i 20• S1 Eam 1 i 1 3 { SITE PUW I MEW IMP s A ICL w -ai l z z z Q J CL 13G 39.00 117 LL 40 O U CASE NO. MIBIT D 1~AislFSLfPEglFioO~ xrucrosn I TIGARD, OREGON ORDINANCE NO.';9 -ULI AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING CHAPTER 7.60. i ABANDONED VEHICLES. WHEREAS, the City has had provisions regarding abandoned vehicles in place for quite some time, and WHEREAS, the City Council finds it necessary to simplify and update those provisions; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 7.60, Abandoned Vehicles, of the Tigard Municipal Code is hereby repealed and replaced to read as follows: 7.60.010 Definitions. j As used in this Chapter, unless the context requires otherwise: I 1 i (2) "Abandoned" or "abandoned vehicle" means any vehicle that has been deserted or relinquished. A vehicle shall be deemed abandoned if it has remained in the same location for more than twenty-four hours and one or more of the following conditions exist: (a) The vehicle has an expired license plate; or (b) The vehicle appears to be inoperative or disabled; or (c) The vehicle appears to be wrecked, partially dismantled or junked; or (d) The vehicle appears to have been "stored" as that term is defined in Section 10.28.022(3) of this Code; or (e) The vehicle has remained in the same position, or within the five hundred foot radius of its earlier position, for a period of at least thirty (30) days. "City" means the city of Tigard. M 1 (3) "Costs" means all expenses associated with the towing, storing and selling 3 a vehicle in violation of Section 7.60.015. j (4) "Chief of Police" includes the Chief, designee of the Chief or any authorized law enforcement officer of the City, including code enforcement ® officers. (5) "Owner" means any individual, firm, corporation, unincorporated association, partnership, limited liability company or other entity with a claim, either individually or jointly, of ownership or any interest of record, legal or equitable, in a vehicle. (6) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices used exclusively upon stationary rails or tracks. i 7 0 Abandoned Vehicles - Offense (1) It shall be unlawful for any person to abandon a vehicle on any public right 1 of way or other public property within the City of Tigard. The owner(s) of the vehicle shall be responsible for any and all monies incurred or charges j associated with the cost of the removal, storage, detention, maintenance and disposition of the abandoned vehicle. (2) Except for those vehicles subject to the provisions of subsection (3) below, a vehicle found to be in violation of subsection (1) above, is subject to the provisions for notice, removal, impoundment and disposition as provided for under 7.60.020, 7.60.030, 7.60.050, and 7.60.070 to 7.60.110 of this Chapter. (3) In the event a vehicle is abandoned upon a public right of way or on public property which vehicles has, on two prior occasions within a one (1) year period, been identified by the Chief of Police as abandoned and the owner thereof has been given notice consistent with the terms of Section 7.60.020 ; on both prior occasions, then the vehicle is deemed to be a threat to the traveling public and can therefore be immediately towed and impounded by the City without prior notice to the owner or apparent owner thereof. However, notice consistent with 7.60.050 shall be sent to the owner/apparent owner thereof within forty-eight (48) hours of the impoundment, excluding Saturdays, Sundays and legal holidays. OrdinanceNo.6?7, D4 Page 2 ~i l (4) The violation of this Chapter, is a Class B traffic infraction. 7.60.020 Removal - Notice (1) It shall be the duty of the Chief of Police, whenever a vehicle is found abandoned on anv public right of way or public property, to determine the owner(s) thereof, by any reasonable means necessary including but not limited to examining the records of the appropriate Department of Motor Vehicles. (2) If a vehicle is found abandoned as described above, the City shall give notice to remove the vehicle by both the following methods: (a) By affixing a notice to tow the vehicle with the information set out in subsection (3) below; and (b) By mailing notice, by certified mail with the receipt stamped as proof of mailing, at least five (5) days prior to towing the vehicle. The five-day period under this paragraph does not include holidays, Saturdays or Sundays. (3) The notice referenced in subsection (2) above shall state: (a) That the vehicle violates Chapter 7.60 of this the Tigard Municipal Code and as a result, is subject to being towed and impounded if the vehicle is not removed within twenty-four (24) hours. (b) That the vehicle, if towed and impounded, will be subject to towing, storage and other related charges and costs and may be sold to satisfy those charges. (c) That the owner or lawful possessor having an interest in the vehicle is entitled to a hearing, to contest the proposed tow and the reasonableness of any charge resulting from the tow as well as for any cost for impoundment. (d) That a hearing must be requested within five (5) business days of the mailing date of the notice. Ordinance No.l?~- OL( Page 3 a i 1 i (4) In the event a vehicle is abandoned in a location or manner as to constitute an imminent or immediate hazard or obstruction to traffic, the Chief of Police may immediately take custody of and remove said vehicle without giving the notice provided for above prior to the tow and impoundment. cn nzn Rcmo.--i - civccuu~c. An abandoned vehicle which remains in the same position, or remains within a five hundred foot radius of its earlier position for a period of five days (holidays, Saturdays and Sundays not included) after an owner has been requested to remove it or after notice has been served as required by Section 7.60.020, may be removed by the police department using their own personnel, equipment or facilities or those of others. 7 6_ . 0.040 Info oration Provided by Tower. (I) A person who tows a vehicle at the request of the City shall provide notice to the person claiming the vehicle, containing the following information: (a) That the vehicle has been towed for violation of the Tigard Municipal Code; and (b) That a hearing may be requested to contest the validity of the tow, the time within which to make the request and the method for making the request. (2) Each person who redeems a vehicle shall sign a copy of the receipt issued, indicating that they have received notice of their right to a hearing. 7.60.050 Impoundment - Notice (1) If the City takes custody of a vehicle, it shall provide, by certified mail with the receipt stamped as proof of mailing, within forty-eight hours (48) of removal, notice to the owners of the vehicle as shown in the records of the Department of Motor Vehicles of the availability of a right to a hearing to contest the towing and impoundment. The forty-eight hour period does not include holidays, Saturdays or Sundays. ~i Ordinance No. 07.0L{ S Page 4 a i I~ I~ i f x (2) Any notice given under this section after a vehicle is taken into custody and removed shall state the following: (a) That the vehicle has been impounded as a result of its violation of Chapter 7.60 of the Tigard Municipal Code; (b) The place where the vehicle is impounded or the telephone number and address of the appropriate authority that will provide the information; (c) i That the vehicle is subject to towing and storage charges as well as ; ! the accruing rate for the daily storage charges; (d) That the vehicle and its contents are subject to lien for payment of k the towing and storage charges and that the vehicle and its contents may be sold by the City or the towing and storage facility to cover j the charges if the charges are not paid within fifteen (15)days; i (e) That the owner, of the vehicle and/or its contents is entitled to a prompt hearing to contest the validity of custody and the reasonableness of the charges therefor, i (f) That the hearing must be requested not more than five (5) days, (holidays, Saturdays or Sundays not included), from the mailing date of the notice and the method for requesting the hearing; (g) That the vehicle and its contents may be immediately reclaimed by presentation to the appropriate authority of satisfactory proof of ownership or right to possession and payment of all the accrued towing and storage charges. ! 7,60,055 Hearing to contest validity of custody and removal An owner or any other person who reasonably appears to have an interest in the vehicle may request a hearing to contest the validity of the tow and/or impoundment of a vehicle by submitting a written request for hearing with the City . not more than five days from the mailing date of the notice. The request shall state the reason(s) why the owner or other interested person believes that tow and/or impoundment is or would be improper. A hearing shall comply with all of the following: Ordinance No. g7'Dq Page 5 i~ PM (1) Upon receipt of a proper request for a hearing, the City shall set a time for a hearing within seventy-two (72) hours of the receipt of the request and shall provide notice of the hearing to the owners of the vehicle. The seventy-two hour period in this subsection does not include holidays, Saturdays or Sundays. (2) Hearings held under this section may be informal in nature, but shall afford a reasonable opportunity for the person requesting the hearing to demonstrate by the statements of witnesses and other evidence, that the tow and/or storage of the vehicle was invalid, or for any other reason not justified. (3) The City shall provide a written statement of the results of the hearing to the person requesting the hearing. (a) if the City finds, after a hearing that the custody and removal of a vehicle was: (a) Invalid, the City shall order the immediate release of the vehicle to the owner or other person who demonstrates a right to possession of the vehicle. If the vehicle is ordered released, the person to whom the vehicle is released is not liable for any predecision towing or storage charges. If the person has paid the towing and storage charges, the City shall reimburse the person for the payment. The person shall be liable for the storage charges incurred more than twenty-four hours after the time the vehicle is officially ordered released to the person. (b) Valid, the City shall order the vehicle be held until the costs of the hearing and all towing and storage costs are paid. If the vehicle has not yet been removed, the City shall order its removal. (5) A person failing to appear at a hearing is not entitled to another hearing unless the person provides the City satisfactory proof for the person's failure to appear. (6) The City is only required to provide one (1) hearing each time it proposes to or takes a vehicle into custody and thereafter removes the vehicle. (7) The hearings officer may be an officer, official or employee of the City, other than the City police department, but may not have participated in any determination or investigation related to the tow and/or impoundment of Ordinance NoR7.0 Page 6 1 rte, the vehicle. The hearings officer may promulgate rules for conducting - hearings. (8) The determination of the hearings officer at a hearing is final and not subject to appeal. 7.60.057 Exemption for criminal investi atg ion. i A vehicle that is being held as part of any criminal investigation is not subject to _ any requirements of Sections 7.60.020, 7.60.050 and 7.60.055. 1 I I 7 6. .060 Appraisals. L I. j A person who is issued an appraiser certificate by the Department of Motor Vehicles shall be the only person qualified to appraise vehicles for sale under - - Sections 7.60.070 and 7.cnuv.nvouJ uu~„ huero..,4 7.60.090. 7.60.070 Vehicles - Di5gosition. As often as necessary, the Chief of Police shall be provided with a list of all ~ unclaimed vehicles which have been towed and stored by or for the City. i i (1) If the vehicle has been stored for more than fifteen (15) days and has been ff I appraised at seven hundred fifty dollars ($750) or less, or has been in F storage for thirty (30) days or longer, the Chief of Police shall as soon as convenient, authorize the sale of the vehicle in accordance with the I provisions of any contract pertaining thereto. If there is no contract, the Chief of Police shall file with the Department of Motor Vehicles the license plates, if any, and an affidavit describing the vehicle, stating the location and appraised value of the vehicle, and stating that the vehicle will be junked or dismantled. The Chief of Police or designee shall state that notice of intent to junk or dismantle the vehicle has been sent with 3 notification of the location of the vehicle to the owner. (2) Failure of the owner to reclaim the vehicle within fifteen (15) days after the I date notification is mailed shall constitute a waiver of his interest in the vehicle. (3) Upon completion and forwarding of the affidavit and expiration of the time period stated in subsection (2) of this section, the Chief of Police may, without notice and public auction, dispose of the vehicle and execute a certificate of sale. Ordinance No.Q 04 Page 7 I (4) The certificate of sale shall be substantially as follows: CERTIFICATE OF SALE This is to certify that under the provisions of Ordinance No. 73-_ " t: c Ir ^^"^'4'^^ '^d t)isnosition of entitled "An ordinance l luVlull-16- , Abandoned Vehicles', I did on the day of 19__, sell to for the sum of $ cash, the following described personal property, to wit: i (Brief description of property) Dated this day of 19-. Note: The City of Tigard assumes no responsibility as to the condition of title of the above described property. In case this sale shall for any reason be invalid, the liability of the City of Tigard is limited to the return of the j purchase price. J (5) In the event a vehicle is sold in accordance with the provisions of a contract, the Chief of Police shall ensure that, at the time of sale, that a - certificate of sale in substantially the same form as described in subsection (4) of this section is issued to the purchaser. 7.60.080 Sale - Notice. f (1) The Chief of Police may sell at public auction any vehicle which has not been claimed within thirty (30) days and which is valued at seven hundred fifty dollars ($750) or more, if there is no contract authorized by the council pertaining thereto. If there is to be a public auction, the Chief of Police shall cause to be published, in a newspaper of general circulation i within the City, a notice of sale which shall state: (a) The sale is of abandoned property in the City's possession, (b) A description of the vehicle, including type, make, license number, I.D. number and any other information which will aid in accurately identifying the vehicle; Ordinance No. cn,o4 Page 8 (c) The terms of the sale; (d) The date, time and place of the sale. (2) The notice of sale shall be published two times. The first publication shall be made not less than ten (10) days prior to the date of the proposed sale, and the second shall be made not less than three (3) davs prior to the date of the proposed sale. 7.60.090 Sale - Procedure. (1) If the Chief of Police decides to sell any vehicles under the provisions of Section 7.60.080, the sale shall be at the time and place appointed with the vehicle to be sold in view. (2) The vehicle shall be sold to the highest bidder, provided that if no bids are entered, or those bids which are entered, are less than the costs incurred by the City, the Chief of Police may enter in his discretion a bid on behalf of the City in an amount equal to such costs. (3) At the time of payment of the purchase price, the Chief of Police shall execute a certificate of sale, in triplicate, the original of which shall be delivered to the purchaser, a copy thereof filed with the City Recorder, and the third copy transmitted to the Oregon Department of Motor Vehicles. (4) The certificate of sale shall be substantially as follows: CERTIFICATE OF SALE This is to certify that under the provisions of Ordinance No. 73- entitled "An ordinance Providing for the Impounding and Disposition of Abandoned Vehicles', and pursuant to due notice of the time and place of sale, I did on the day of 19. sell at public auction to for the sum of S cash, he being the highest bidder, and that being the highest and best sum bid therefor, the following described personal property, to wit: (Brief description of property) v. 1 l~,J Ordinance No. Page 9 M And in consideration of the payment of the said sum of S. receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property. Dated this day of 19 f LV UIG: The n•... vCT:j,r..-,..-d ~:1: iv +h- nd;t:nn of title of the above described property. In case this sale shall for any reason be invalid, the liability of the City of Tigard is limited to the return of the purchase price. 7 0 00 Redemption before sale. (1) An owner may redeem a vehicle impounded under the provisions of this Chapter, beiire a sale or disposition has taken place, by applyuig to the Chief of Police. The redemption application shall include: (a) Evidence satisfactory to the Chief of Police of the applicant's ownership or other interest in the vehicle, that such claim is rightful; and (b) Pay any and all costs associated with the towing and storage of the vehicle due and owning at the time the application is made. (2) Upon compliance with subsection (1) of this section, the Chief of Police shall execute a receipt for the owner and cause the vehicle to be returned to him. E ¢4110 gale - Proceeds disposition. (1) Upon a sale being consummated, the Chief of Police shall deliver the vehicle and the certificate of sale to the purchaser. The sale and conveyance shall be without redemption. (2) The proceeds of a sale shall be applied: (a) To payment of costs incurred by the City; and (b) The balance, if any, shall be transferred to the city recorder, to be credited to the general fund of the City. ~i Ordinance No.CI7,04 tm 7.60.120 Application. } This Chapter shall apply to all abandoned vehicles now in the possession of the city, as well as to abandoned vehicles that are hereafter impounded. 760,130 Charees, i A person or owner entitled to a vehicle held under the provisions of this Chapter is not liable for nor shall be required to pay storage charges for a period in excess of j sixty days. I 7 6 40 Forme All forms necessary to implement and enforce the provisions of this Chapter shall ! be prepared and on file in the city recorder's office. 7 6. 0.150 Claim of owner to proceeds. (1) If the vehicle is sold by the Chief of Police under the provisions of Sections 7.60.070 or 7.60.080 and 7.60.090, then at any time within two (2) years after the sale of the vehicle the former owner of the vehicle may recover the proceeds of the sale, as deposited in the general fund of the City - pursuant to 7.60.110, by filing a claim with the City treasurer. Such claims shall be audited in the same manner as other claims against the City. (2) If the vehicle is sold under the provisions of a contract, the balance of the proceeds of the sale, with a return of sale, shall be transmitted to the City treasurer for deposit in the general fund of the City. The towing and i storage facility under contract may deduct from the proceeds of the sale the costs incurred in the sale and the costs and expenses in the removal, preservation and custody of the vehicle. At any time within two (2) years 1 after the sale of the vehicle the former owner of the vehicle may recover the proceeds of the sale, as deposited in the general fund of the City, by filing a claim with the City treasurer. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. a n PASSED: By U n Qni gous vote of all Council mem rs present after being read by number and title only, this ltd day of I 1996. a Catherine Wheatley, City Recordir APPROVED: By Tigard City Council this y of 1996. i icoli, Mayor i Approved as to form: I _AGENDA ITEM NO. 3 - VISITOR'S AGENDA DATE : May 13. 1997 (Limited to 2 minutes or less, please) ? Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns r through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED u ! V~ L ,)-Rcl0 `mac ~ ~a I I ll C Aeate k",.~~~ epending on the number of person wishing to testify, the Chair of the Council may limit the amount of .me each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO. 6 DATE: May 13, 1997 PUBLIC HEARING (QUASI JUDICIAL) - VACATION OF A TWENTY FOOT SLOPE EASEMENT AND A DETOUR EASEMENT ON SW 135TH AVENUE PER WASHINGTON COUNTY DEED I RECORD/DOCUMENT NO. 89-20392 WHICH FALLS WITHIN PARCEL 1 OF PARTITION PLAT NO. 1996-059. y PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS i ~ I i i 3 1 y ~ s i Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. I Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. --l O'DONNELL RAMIS CREW CORRIGAN & BACHRACH ATTORNEYS LAW 1727 N.W. Hoyt Street POrtUnd, Omgon 97209 TELEPHONE: (503)'.:24402 FAX: (503) 243-2934 DATE: May 9, 1997 TO: William A. Monahan, City Manager FROM: Pamela J. Beery, City Attorney's Office RE: Cook Park - ARD Agreement Review I have had an opportunity to review proposed section 13 on insurance for the ARD agreement and Loreen Mills' memo of April 10, 1997 on the same topic. I am comfortable with the elimination of the hold harmless section I I given the provisions of the insurance section now proposed. I concur with attorney Furrer that such hold harmless clauses can result in more confusion than they resolve, and further I believe that underlying legal responsibility will be determined even in the absence of such an agreement. As to the wording of the insurance provision itself, I do think that the insurance should be on an occurrence basis rather than a claims made basis as suggested by Loreen. It is desirable to have a reference to the insurance being primary, however, it is not always possible for the document itself to regulate that outcome and so this is another provision which the City could choose as a matter of policy not to include. I hope this resolves your concerns about this agreement. Please feel free to let me know if you have any questions. cc: Timothy V. Ramis Loreen Mills pJbb. m 90024/-kp.1L-4 j PROCLAMATION ",•y - - TO DESIGNATE THE WEEK OF MAY 18-24,1997 AS - EMERGENCY MEDICAL SERVICES WEEK Whereas, emergency medical services is a vital public service; and Whereas, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hvuu d udy, s- i days a week; an i Whereas, access to quality emergency care dramatically improves the survival and recovery rate of those 1 who experience sudden illness or injury; and Whereas, emergency medical services providers have traditionally served as the safety net of America's 3 health care system: and 1 Whereas, emergency medical services teams consist of emergency physicians, emergency nurses. emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and a A Whereas, approximately two-thirds of all emergency medical services providers are volunteers; and i Whereas, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills: and Whereas. Americans benefit daily from the knowledge and skills of these highly trained individuals: and Whereas, it is appropriate to recognize the value and the accomplishments of emergency medical services ;I providers by designating Emergency Medical Services Week: and Whereas, injury prevention and the appropriate use of the EMS system will help reduce national health care costs; and 7 ' Now, therefore. I (name, title, city, state) in recognition of this event do hereby proclaim the week of May 18-24, 1997 as EMERGENCY MEDICAL SERVICES WEEK and encourage the community to observe this week with appropriate programs, ceremonies, and activities. I DATE Signed by r (please seal here) Attested by 1 Council Agenda Item Y I For Agenda of i I 1 1 i { ,I -i 1 i MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Bill Monahan, City Administrator DATE: May 6, 1997 SUBJECT: COUNCIL CALENDAR, May through July 1997 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. *13 Tues Council Meetine - (6:30 o.m.) Study Session Business Meeting 16 Fri Chamber of Commerce First Niter Banquet 6 p.m.; 7 p.m. Dinner Embassy Suites 19 Mon Budget Committee Meeting - 6:30 p.m. *20 Tues Council Workshop Meeting - (6:30 p.m.) 26 Mon Memorial Day Holiday - City Offices Closed *27 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting * 10 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting 13-15 Fri-Sun Tigard Festival of Balloons *17 Tues Council Workshop Meeting - (6:30 p.m.) *24 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting .Tune 4 Fri 4th of July Holiday - City Offices Closed * 8 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting *15 Tues Council Workshop Meeting - (6:30 p.m.) *22 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting i:\adm%calhykouncil\cccal.d oc TENTATIVE AGENDA j n Tigard City Council Meeting v. May 27, 1997 TYPE: Business Meeting (TV) + 6:30 p.m. STUDY MEETING Agenda Review PROCLAMATIONS AND PRESENTATIONS i CONSENT AGENDA A-prove vVUt1{.il ~ ~i~1YtC~ Library Board Appointments 7:30 p.m. !j BUSINESS MEETING Public Wearing - Use of Block Grant Funds (CDBG) - Police Dept. Annexation (tentative - pending outcome of Measure 50 election) Update - Pleasure 50 + Metro 2040 Update Visioning Update I. TENTATIVE AGENDA Tigard City Council Meeting June 10, 1997 TYPE: Business Meeting (TV) 6:30 p.m. STUDY MEETING i Agenda Review PROCLAMATION AND PRESENTATIONS CONSENT AGENDA Approve Council Minutes I 7:30 p.m. I' Cook Park Master Plan Water Resources - Overlay District - CPA Hearing a 1 1 I aryl t TENTATIVE AGENDA Tigard City Council Meeth Y June 24, 1997 TYPE: Business Meeting (TV) 630 n.m. STUDY MEETING Agenda Review PROCLAMATIONS AND PRESENTATIONS CONSENT AGENDA Approve Council Minutes 7:30 p.m. I BUSINESS MEETING Public Hearing - National Mortgage (Bull Mo Metro 2040 Update i Visioning Update j Presentation to John Williams, Project 1 i State Shared Revenues Hearing l State Revenue Sharing Budget Hearing FY 1997/98 i I AGENDA ITEM # FOR AGENDA OF May 13, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution amending the City of Tjpard's ICMA Deferred Compensation Plan and Trust in accordance with Internal Revenue Code Amendments PREPARED BY: Sherrie Burba EPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL. Should the Council act to amend the current ICMA deferred plan and trust agreement in accordance with i Internal Revenue Code amendments. STAFF RECOMMENDATION Amend the City of Tigard's ICMA Deferred Compensation plan and trust documents in accordance with Internal Revenue Code amendments. 3 INFORMATION SUMMARY Ills Due to recent changes in the Internal Revenue Code, the City needs to amend its ICMA deferred compensation ' i plan to assure that all plan assets are for the exclusive benefit of the Plan participants and their beneficiaries, to assure that these assets are not diverted for any other purpose, and to stipulate that the City of Tigard agrees to serve as Trustee under the Plan. OTHER ALTERNATIVES CONSIDERED No other alternatives were considered. M FISCAL NOTES I There are no fiscal impacts. Since the City of Tigard currently allows employee participation in the ICMA Deferred Compensation plan there will be no additional cost to the City. ■ 0 r Agenda Item No. Meeting of 5I ~3~a~7 Ir- BRAG BUSINESSES I I BRAG program: The BRAG award program is a recognition program designed to recognize and reward commercial businesses involved in progressive recycling and waste reduction activities and in buying recycled content products. Businesses may apply for either a basic or a distinguished award, depending on the number of activities they have implemented. Currently, there are over 100 BRAG businesses throughout the Portland-Vancouver metropolitan area. Companies which do meet the criteria in these three areas are recognized in both the general community and in the business community. BRAG businesses: Tigard has several BRAG businesses: IKON Office Systems, Louie Photography, Ltd., and Thomas/Wright Inc. Today we would like to recognize several new BRAG businesses for their exceptional recycling and waste reduction programs. These businesses are: Americold Corporation Distinguished BRAG member KCM, Inc. Distinguished BRAG member Postnet Basic BRAG member Michael W. Wilhelm, D.M.D. - Distinguished BRAG member E Quest Diagnostics, Inc. Distinguished BRAG member R.E.I. Distinguished BRAG member SW Office Supply Distinguished BRAG member j Their efforts to reduce their use of materials is helping to conserve resources. Their purchasing of recycled content products helps to create markets for the materials in the recycling bins. Their recycling programs play an important role in helping us to I achieve state and regional goals of reducing waste going to the landfills by 50% by the year 2000. We are recognizing these companies and thanking them for their work and i leadership in environmental efforts. i i Brag Awards I The Business Recycling Awards Group is - - a and 1\.'IY QILL busincsscs involved reduction activities and in buying recycle i J Currently there are over 150 BRAG bush Vancouver metropolitan area. There are County and Tigard has 9 of those. The City tonight is recognizing businesses award for exemplary programs to reduce, r to buy recycled content products. These 7 1 i something for their company and commui Businesses are: 1. IKON Office Solutions located at solutions to help businesses become mo: competitive. IKON Portland employs c 1 i network of 27 branches in the Pacific 1\ IKON has been a BRAG business established a 6-member recycling comn recycling newsletter. 1 l They prevent waste in a number of ways, including an aggressive program to reduce junk mail and they market recycled toner i cartridges. 1 2. Richard C. Louie, Photographer (see attached) i 3. Bob Wright will be attending for Thomas/Wright, Inc., is a civil engineering and surveying firm specializing in municipal and ~ I governmental services. These services include the planning and design of wastewater collection systems, storm water collection and retention systems, water quality facilities, streets, water storage and distribution systems, and solid waste/recycling facilities. Thomas/Wright designed the Dartmouth Street Extension from Highway 99 W to the I-5 Interchange. lI Recycling Efforts: Recycle office paper and use recycled paper; reports are double sided. Smaller fonts and margins are used whenever possible. Recycle newspapers, cans, and bottles. Envelopes, notebooks, index tabs are reused as much as possible. The employee kitchen is stocked with washable dishes with a dishwasher which is run when full. Printer cartridges are sent back to the manufacturer for i reuse. ) j i . 1 I I -l MAY- 9-97 FRI 1131 AM CRAMER "AX ii G. coo 51~U a 3 v Richard C. Louie, Photographer Louie Photography Ltd. 12395 S.W. 6EP Parkway Tigard, Oregon 97223 503.968-2778 ; Richard Louie, photographer and owner of Louie Photography Ltd., has more than 25 years of experience as a professional photographer and has been serving Tigard area ! residents and businesses for eight years. In his recently constructed studio in the Tigard ! Triangle, Richard does expert photography of families, children, weddings, high-school seniors and business executives. Louie Photography Ltd. has been recognized for its leadership role in business recycling i J by BRAG (Business Recycling Award Group), which is sponsored by the city of Tigard, Washington County, local recycling handlers and Metro. Louie Photography Ltd, has been a distinguished member of BRAG since October 1995 and actively supports recycling by: C • Sorting recyclable materials for collection • Buying and using recycled products c j • Composting and reusing landscaping materials • Using office and printer paper twice • Buying and using environmentally safe supplies • Minimizing non-recyclable waste ~I Louie Photo Award Para May 9.1997 i No W 4. Americold Corp. - Bill Daniels and family - located on SW Cardinal Lane. The company was established in 1931 and has been in Tigard for five years. Almost every food item you purchase from the freezer case in the store has been stored and distributed by Americold. They are the world's largest business of this type with over 4,000 j customers. t Americold has participated in the recycling program noting that with 56 warehouses, they have a large volume of intercompany mail. Two years ago they began using nylon pouches for this mail they are still using the original pouches which make hundreds of trips per i ! week. Americold purchases recycled products and recycle almost a ton of paper every week. j 5. KCM, Inc., located on SW Fir Loop was founded in 1943 in Seattle Washington the Oregon office was added in 1976. KCM's clientele ranges from small communities, districts and companies to i large metropolitan cities, counties, state and federal agencies. Typical i projects include environmental studies, sewer, drainage, water, street master plans; water quality management plans, utility rate studies, j treatment system designs, lake restoration studies, transportation planning and fisheries planning and design. j KCM has also instituted a recycling program which has earned i them the Distinguished BRAG member designation. A 4 a 9 6. Postnet (Henry Tang) - Postnet is a postal and mailing business located on Pacific Highway. They have been in Tigard for three years. Among other things, Postnet has instituted recycling policies which include the acceptance of the packing peanuts to be reused. They will also accept certain used cardboard boxes. I 7. Dr. M chael Wilhelm is located on SW 68th and has practiced family dentistry in Tigard since 1975. I Dr. Wilhelm's office instituted a number of recycling practices; they ask their printers to print on recycled paper and have requested suppliers to cutback on unneeded packaging. 1 i 8. Quest Diagnostics - (won't have a rep. here) on SW Hampton is a medical laboratory with headquarters in Teterboro NJ. Since 1990, the Tigard office has been the Pacific Northwest Headquarters for their branches throughout Oregon, Washington and Alaska. Quest Diagnostics provides for plastic recycling by their j j employees and give the opportunity for those employees who don't have curbside recycling services to bring their recyclable to work. it They recycle material from their branch laboratories including office paper. !'1 9. SW Office Supply: See attached... i 'May;1 2-97 06:40A _ 1 I. P.02 i I FROM: SOUTHWEST OFFICE SUPPLY/BARBARA GOERGER 639-3179 TO: CATHY SUBJECT: RECYCLING PROGRAM j DATE: MAY 9, 1997 Southwest Office Supply has been delighting its customers in the Portland 1 Metropolitan area for 30 years with outstanding service and attention to detail. We are also a company who cares for its community and environment which is why we have been recycling most all of our paper k and cardboard for the past 10 years. We have recycling receptacles j conveniently located around our office, making it very easy for everyone to participate. We also recycle most all of our aluminum cans. 1 At Southwest Office Supply, we are keeping our commitment to f ! excellence that began back in 1967. From paper clips to computer related products our customers count on us for dependable and innovative service. This commitment is shared by all of our employees - resourceful, competent people who know the future of Southwest Office Supply is directly related to the job they do today. The some is true of our environment - what we do to it today will determine its shape in the future. - i Southwest is proud of the role it plays in keeping our planet clean! ~ i F1 a 1 ,t `i l AGENDA ITEM #~O - For Agenda of May 13, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 1JJVG/HbG1~LH iiiiLr.: 'vacation of a twenty (20) foot slope easement and a detour easement on SW 135th Avenue oe* Washington County Deed Record/Document No 89-20392 which falls within Parcel 1 of Partition Plat No 1996-059 o PREPARED BY: William D'Andre~ DEPT HEAD OK ; / (0_-CITY ADMIN OK Should the City Council vacate a twenty (20) foot slope easement and a detour easement on SW 135th Avenue? STAFF RECOMMENDATION It is recommended that Council approve the vacation as requested. INFORMATION SUMMARY i j Council initiated this vacation at a public meeting held on March 25, 1997 (See Exhibit D, Res. 97-10). i Walter Bowen, Managing Member of Scholls Ferry Road Limited Liability Corporation, is requesting that the City Council initiate vacation proceedings for a slope and detour easement. In 1989 a twenty (20)-foot slope and I detour easement was granted (Document Easement 89-20392) for the construction of SW 135th Avenue. Now that the construction of SW 135th Avenue is finished, the slope and detour easement is no longer needed. In 1995, a subdivision approval (SUB 95-0005) was granted on the parcel containing the easements. The plans submitted with the subdivision application did not reflect these easements. The easements are contained within six (6) of the subdivision lots. Five (5) of the lots have houses that project five (5) feet into the slope easement. The easements do not affect the lots since the construction of SW 135th is complete. The applicant is requesting that these easements be vacated since they have served their purpose in aiding the construction of SW 135th Avenue. The applicant would also like to remove the appearance of a conflict between the easements and the housing units. i ij 1 Attachments Exhibit A -(site plan and legal description) Exhibit C -(resolution 97-10) Exhibit B - (vicinity map) Exhibit D - (subdivision plat) t s OTHER ALTERNATIVES CONSIDERED E j 1. 2. 'i i :f Deny the vacation request. Take no action at this time. 135th Avenue Slope and Detour Easement Vacation Page 1 of 1 i icityaidc\sum\v=bow2.sum F1 dm AER hnerror-ateJ FNOIIE Ito. 503 620 1CU2 3 MEMORANDUM 1 TO: Mayor Jun Nicoli and Tigard City Council FROM: Triangle'rnsk Force Members: and hrterected Property DA] L: March 20, 1997 y a SUBJECT: Street Coru,cctivity Design Standards for the 'l'igar a After careful evaluation of the Street Connectivity Design Star Tria„gic, the Twk Force rnerttbers and interested property owe implement design standard., that are clear and concise which implementation. 'Perf'ormance Option 2" of the Street Conne requires clarifying to confirm its proper execution. Performnn n. Locul street spacing shall occur at intervals of intersections per mile. h. The shortuwt vehicle trip over public streets frot collector or greater facility is no inure than twit Cam. ' distance. I c. The shortest pedestrian trip on public right-of- a collector or greater facility is no more, than on straight-line distance. The following Definition and Clarificatiirn Statement is rc:yuh "Performance! Option Y': i1 DefutitiUn, The ter»r "Local Strcct" in relation to Pe~.rmarrce (ll privato commurciul drivu,veaYs. The point of "local Origin " is the curb-c•ut to a purer1 5 Clarification Statement: lfthe subject parcel rlireerly ab« is a Collector or Grea distance >`i•orn the sublerr parcels pr•operry line to a C Fuciliiv is zero (U) feet. There f%rr, all roods construct care private commercial drivewa)~ • to he made access! discretloft of the property awncr or lusa'uu. Hal 20 1947 3 .24Ft•1 F02 Subrn•l~ed • 5/l3jc-l Owners d '1"riangle ,lords for the Tigard ears recognize the need to fI{ will assure proper etivity Design Standardb cc Option 2 reads: no less than eight street n a local origin to a e the straight-line - way from a local origin to e and one-half the cd to properly Implement ~rinn 2. _rhall inc hide I at irs proper t, line. ler Facility, then the a11uclur or (beater ed on the subject parcel ale to the public at the F110HE 16.D. : 50? r,20 1042 Mayor Jim Nicoli and Tigard City Council March 20, 1997 1 Page 2 i Without this Clarification Sintement "Performance Option 2" could be interpreted to require the dedication of right-of-way for u Local Street or Access Way from u Collector Street all the way to the front door of every building. It is not the intent of the Twk Force members or interested Property Owners to allow publicly dedicated streets to encroach 9 within the boundaries of a planned development which is located on one parcel of land. Mthin situation should occur, it will effectively eliminate large parcels of commoreial land which in a scarce commodity. Furthermore, it will cause enormous damage to the rennaining parcels by promoting: security problems, sweet and landscape maintenance k problems, site alteration and remodeling problems, site engineering and planning problems, tenant lcn. ing probJumn, and irreparable economic hardship. - Name t Representing t~ { Name _ Representing 3 i j 3 I!I I V Mayor Jim Nicoli and Tigard City Council March 20. 1097 Page 2 Without thi. C'Ittrification Statement " Performenco Option 2" could be interpreted to i r.•,~ _ A,~ :1.•_j:~p+i r-.i,t-nf.w,,v for a Local Strcct or Aceoss Wuv from a Collector I Street ull th, ,vav to the front door of every building. It is not the intent of the Tusk Forco members o- ; nwi c+tcd Property Owners w allow publicly dedicated streets to encroach within the bn:mdnries of a planned development which is luculed on one parcel of land. If this situm0 -n %bould occur, it will offeotively eliminato large parcels of commercial Innd which :a a -lcurve commodity. Furthemtore, it will causs enormoux damage to the remnininr, nn~c:lo hp promoting: soourity probloms, street and lundgcapa mointenance problcmy, sitc aitcration and remodeling problems, site engineering and ph mting, problems, IIIIH;1I IcaKing problems, and irreparable economic hardship. Nnme-~~ sting / i Name • ltep enting . - - 1 1 F - MEMORANDUM ` I TO: Mayor Jim Nicoli and Tigard City Council FROM: Triangle Task Force Members and Interested Property Owners DATE: March 20, 1997 i SUBJECT: Street Connectivity Design Standards for the Tigard Triangle i After careful evaluation of the Street Connectivity Design Standards for the Tigard Triangle, the Task Force members and interested property owners recognize the need to implement design standards th,at are clear and concise which w7ii ass-arc proper implementation. "Performance Option 2" of the Street Connectivity Design Standards requires clarifying to confirm its proper execution. Performance Option 2 reads: a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a local origin to a collector or greater facility is no more than twice the straight-line distance. C. The shortest pedestrian trip on public right-of-way from a local origin to a collector or greater facility is no more than one and one-half the straight-line distance. The following Definition and Clarification Statement is required to properly implement "Performance Option 2": iti D f e in on: The term "Local Street" in relation to Performance Option 2, shall include private commercial driveways. The point of "Local Origin" is the curb-cut to a parcel at its property line. Cla if tion St te t: r men ica a If the subject parcel directly abuts a Collector or Greater Facility, then the distance from the subject parcel's property line to a Collector or Greater Facility is zero (0) feet. Therefore, all roads constructed on the subject parcel are private commercial driveways to be made accessible to the public at the C discretion of the property owner or lessee. l f k ~ a { MEMORANDUM TO: Mayor Jim Nicoli and Tigard City Council • wa a. a1-ISlu Tab& rufue Ivicniours and lnturuslud iiaj vrrncrs DATE: March 20, 1997 SUBJECT: Street Connectivity Design Standards for the Tigard Triangle 3 After careful evaluation of the Street Connectivity Design Standards for the Tigard w Triangle, the Task Force members and interested property owners recognize the need to iaupietilC-it design standard's standard's utlat are clear and concise which will assure proper implementation. "Performance Option 2" of the Street Connectivity Design Standards requires clarifying to confirm its proper execution. Performance Option 2 reads: a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a local origin to a collector or greater facility is no more than twice the straight-line v distance. C. The shortest pedestrian trip on public right-of-way from a local origin to i a collector or greater facility is no more than one and one-half the I i straight-line distance. f i The following Definition and Clarification Statement is required to properly implement "Performance Option 2": Definition: The term "Local Street" in relation to Performance Option 2, shall include private commercial driveways. The point of "Local Origin " is the curb-cut to a parcel at its property line. Clarification Statem = i If the subject parcel directly abuts a Collector or Greater Facility, then the . distance from the subject parcel's property line to a Collector or Greater Facility is zero (0) feet. Therefore, all roads constructed on the subject parcel are private commercial driveways to be made accessible to the public at the discretion ofthe property owner or lessee. Mayor Jim Nicoli and Tigard City Council March 20, 1997 Page 2 Without this Clarification Statement "Performance Option 2" could be interpreted to ren„ire the dedication of right-of-way for a Local Street or Access Way from a Collector y Street all the way to the front door of every building. It is not the intent of the Task Force members or interested Property Owners to allow publicly dedicated streets to encroach within the boundaries of a planned development which is located on one parcel of land. If this situation should occur, it will effectively eliminate large parcels of commercial land which is a scarce commodity. Furthermore, it will cause enormous damage to the remaining parcels by promoting: security problems, street and landscape maintenance problems, site alteration and remodeling problems, site engineering and planning problems, tentuu leasing problems, and irreparable economic hardship. Name Representing ~n K, - +.~rKa~~` ` v Name Representing l '.j TO: Mayor Jim Nicoli and Tigar FROM: Trinnale Task Fnrre. Me DATE: March 20 1997 , SUBJECT: Street Connectivity After careful evaluation of the S Triangle, the Task Force member implement design standards that implementation. "Performance requires clarifying to confirm its a. Local street spaci intersections per b. The shortest vehic ` collector or greate distance. C. The shortest pedes a collector or great straight-line distan The following Definition and Cl "Performance Option 2": Definition: The term "Local Street " in private commercial drive The point of "Local Orign i If the subject parcel direct distance from the subjectl Facility is zero (0) feet. T are private commercial dr discretion of the property, L~ MEMORANDUM d City Council mhem nnrl intereeteA Prnnerty Owners Design Standards for the Tigard Triangle treet Connectivity Design Standards for the Tigard a s and interested property owners recognize the need to are clear and concise which will assure proper Option 2" of the Street Connectivity Design Standards proper execution. Performance Option 2 reads: ng shall occur at intervals of no less than eight street mile. le trip over public streets from a local origin to a r facility is no more than twice the straight-line trian trip on public right-of-way from a local origin to er facility is no more than one and one-half the ce. F arification Statement is required to properly implement t relation to Performance Option 2, shall include ways. " is the curb-cut to a parcel at its property line. y abuts a Collector or Greater Facility, then the ,arcel's property line to a Collector or Greater ierefore, all roads constructed on the subject parcel veways to be made accessible to the public at the nvner or lessee. J t~ 03/20/15-97 15:= F~3b C4J1 MEMOR AN TO! Mayor Jim Nicuh and Tigard City Councit Trip;iC,'~i~ •i•uSn ~•i~IGC ; icniiicrs anti llliece DA Vr.• Xlarch ' tO, 1997 SCJBJFCT: Street Comicctivity 1•)ucign StandardA Aftcl careful evaluatinn of the Street C'onnceitvit) i Triangle, the TnA Force members and inlem-sted inmrlenwnt deign -itntidnrds thnt are clear and con implcntcniatiou, "Perlis rinancc Option 2" of the S I requires clarifying to confirm its proper executiol': a. Lescul street spacing shall occur at l nticl9Ccttolm per mile. h. The shormsl vehicle trip aver puhl j collector or greater facility Is no in distance. j C. The shortest pedcxtrian trip on put, a collector or greater facility is no straight-titre distance. The fallowing Definition and C'latification Staten " PerfotT,tancc Ortion 2": Dsjint ion i 771c leer, "/;,ctrl Strcrl " in relation err Pe, pr rvrrre eommerckr! rl1•ivewNvs. The pvhrl of "Lot nl i)rigin" i.r the cr.rL-C, a Clliiillt7ittirem StAI=en IjJltc ruGrec'11xu'cc! dh c; r!; uGurs a Celle a tlislonvi, front flu, svrhieet parcel •-r proper•t, I ircilih• i+ zero (p) for/ Thi refi,rr•, all roe are priwar corrum•relal rfrh•crvr{rs to he m dlSCrNlpn to/ the prober{), turner nr lessee I ` HS P.LTV PAGE 21 )UM teu vroperty vwnors for the Tigard Triangle Ueuign Standards for the Tignrd roperty owners recc+gllira the need to ise which will u,:,:ure proper beet Connectivity 1)es;gn Standards PerfOImImaIlCe Option 2 reads: ntervals of no less than eight street streets from a fools] origin to a ere than twice the straight-line le right-of-wuy Crum a local origin to we than one and one-hal f thu rn1 is required to properly implement rornrmlcc 01,tion Z shed/ inchulr 116 rY 17MV01 at ir.r pl•nperty 111te. for or (mater Facility, then the line to a C'nllcctor or Greater S eonsrrur•ted n,r the srrl jeer 1,arect eels accca••riblc to the l,nhllr• art 11,c i g i i P1 50--0843169 1 Inym'lim Nicoll and t iprd City Council t Much 20, 1997 f Page 2 C'A=H= tTr PAGE 02 Vfilln,ut this G1nriSicntion 4tatemcnl "1'crfornance. Option 2"co1111 he interpreted to i rceitlitC tire dedicuti:rn u!'rivht-uf-wav fo, w 1.-cil 1- 1 .tic_... 111.y f.. - C ..11~`:; j Strrrt all the way to tl,c (lout door ofcvcry building. It iy not the intent of the Turk Force j nwmbnr5 or intcm.5ted Property Ownerm to allow publicly dedicated ,treats to eiienia0h 11 ithin the buuudurie. rr!'a ulntutcd dcvelopmenl which i+ located ou one. parcel of land ' s If This situation should occur, it will eft.c-tivel., clitninme I cl• of c........_._:al i Wid whiclt is a sc-arcc commodity. Purtherrrtore, it will enuse ettormoua damage to the i remaining. parcclr by promoting; security problems, street anti landscape maintenance 1 problems, site ulte.ralion Had remodeling problems, site engineering and planning problctaa, (chant lensing probkma, and irreparable economic hardship. 7 Name Representing. ® ~ 0"i/24/199~ 09:20 50~~^_E4550 VEhl POSENFELD GLASS HOME .;C- . 503 620 42 i t:nunci Mayvr JimNicoll and Tigard City Murch 20, 1997 page 2 i waltn,~t thj%C,larttication statement ` Way from 'Pcefvnnancc option,,)- could he frL"m n retad Cnll e,.,•.ec erl j require the dedication ot• right of-way for it LvOai"` ~t is not the intent of the Task F o to the front door of every building. ~trta:t. all the way members or interested Property Owllcrs to allow publicly ded+catad streets to encroach ! within the boundaries of a plarnned develuptuW tt which is located 011 one parcel of Inn re,; c mni di will ! Ift1jis hick i should effectively rilier norelit~will cause enormous d;unage to 1 u .1 land and which is s a a scars. remaining parcels by promoting: security problems, street raid landsestpe. maintenance 3 problems, site ultcralion and remodeling prublcrna, site engineering and planning 1 p)Y1hIen1$, tent7lit 1CASitIg pTU17lUn1S, and irreparable economic hardship. Ii I i r racy . C O I i d R 47 Representing - /J Representing ^ - UA1nC ' l j t i } i s I FOR AGENDA OF 5/13/97 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tigard Triangle Public Invoivement Process PREPARED BY: Nadine Smith DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL For purposes of clarification, Elaine Cogan, public involvement consultant for the Tigard Triangle master planning process, will provide information on the process that was used with the public and with the Triangle n task force to reach the recommendations that were presented to Council. STAFF RECOMMENDATION This is a presentation. No staff recommendation is necessary. n March 11, 1997 the City Council approved design standards for the Tigard Triangle. Since that time, some issues have arisen regarding the way in wnich the standards were developed and the public involvement process that was used. Elaine Cogan was the consultant hired by the City to run the public involvement process and she ` facilitated the Triangle Task Force meetings. She will outline for the Council the public involvement plan used to create the standards. r j Attached is the response received from Metro on the question of whether private street would be allowed to meet the requirement for public access at intervals of 660 feet. We have scheduled a discussion on this issue for the May 20th City Council meeting. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES ; 1 k ~RPL"ADINE17ft1ANGLE\COG.SUM 1 AGENDA ITEM # For Agenda of May 13. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 1 ISSUE/AGENDA TITLE Resolution to adopt fees and charges in the Urban Services Area PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL . Shall the City Council adopt fees and charges for use in the Urban Services Area? STAFF RECOMMENDATION Staff recommends adoption of fees and charges set forth in the attached resolution for use in the Urban j Services Area. INFORMATION SUMMARY f. The City has entered into an intergovernmental agreement with Washington County wherein the City will 1 # provide development services to a portion of the unincorporated area adjacent to the City limits. The City will charge fees and charges to citizens in the area and the revenues collected will be used by the City to y 1 cover the costs of the services provided. The attached resolution establishes the fees and charges to be used in the Urban Services area for building, planning and engineering services. Approval of the resolution will allow the services to the area to begin on June 1, 1997 as set forth in the agreement. OTHER ALTERNATIVES-CONSIDERED None. FISCAL NOTES i The City expects to collect an estimated $720,000 in 1997/98 from these fees in the Urban Services area. • 4 ;1 ~ AGENDA ITEM # 1 For Agenda of May 13, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorization of Dartmouth Local Improvement District interim financing. PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council authorize the borrowing of funds to finance the improvements in the Dartmouth Local Improvement District? i STAFF RECOMMENDATION Staff recommends approval authorizing interim financing. INFORMATION SUMMARY The City issued Bond anticipation notes in 1995 which mature on June 1, 1997. Because the project has not yet reached the final hearing stage, it + is necessary to authorize the Finance Director to obtain interim financing ! Cto refinance the 1995 Notes. Obtaining interim financing at this time will allow the City to meet it's repayment obligation on the 1995 notes and will give the City an additional 18 months to hold the final hearing and to spread the assessments. The attached resolution was drafted by the City's Bond attorney and gives the appropriate authority to the Finance Director to secure the interim financing at negotiated the details of the financing. OTHER ALTERNATIVES CONSIDERED 9 None FISCAL NOTES Establishes an obligation to repay up to $4,625,000 on December 1, 1998. A AGENDA ITEM # FOR AGENDA OF May 13. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Proposed Aa eement With Atfalati Recreation District Inc (ART) PREPARED BY: William A. nzhan DF,PnT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL - Should Council approve a draft agreement with Atfalati Recreation District, Inc., (ARD) (Tigard Soccer Club and Tigard Little League) to create a relationship for the expansion, development, and maintenance of the Cook i Park expansion area? i C STAFF RECOMMENDATION t Staff recommends that the Council review the draft agreement and advise whether further revisions are needed. Insurance options require close attention as City staff and District representatives have not reached agreement. INFORMATION SUMMARY For over a year, the Tigard Soccer Club and Tigard Little League have been working with the City to pursue acquisition and development of property to expand Cook Park. The acquisition of land from Mr. Lamb and Mr. Gray has been pending while details of the District commitment were being worked out. The proposal calls for ARD to reimburse the City for one-half of the total purchase price of the property. OTHER ALTERNATIVES CONSIDERED 1. City purchase the Lamb/Gray property without contributions by ARD. FISCAL. NOTES The purchase price of the Lamb/Gray property would be reduced by 50%, if ARD contributes. The cost of development of the revised Cook Park Master Plan would be shared with ARD, with ARD taking on y responsibility for construction of athletic fields and other associated facilities, at ARD's cost. a a { MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager VV m b+~- L DATE: May 7, 1997 SUBJECT: Proposed Atfalati Agreement Over a year ago, the Tigard Soccer Club (TSC) and Tigard Little League (TLL) proposed 1 assisting the City in acquiring and developing additional land to be added to Cook Park. The Council established a Task Force, including representatives of TSC and TLL, which have met regularly to develop a revised Master Plan for the park, incorporating adjacent parcels. The adjacent parcels are under control of Lamb and Gray, and USA (the Thomas Dairy Property). The City has entered into an option with Lamb and Gray to acquire their property. USA plans to sell a portion of the Thomas property to the City. The TSC and TLL have proposed contributing one-half of the acquisition cost of the Lamb and Gray property, over a period of several years. In addition, the leagues propose contributing funds, labor, and materials to development of the property into a combination of athletic fields, parking areas, support facilities, and open space. Council suggested that the purchase of the Lamb and Gray property take place after the details of an agreement are finalized, covering the obligations of the City and the leagues. a 1 Negotiations have occurred over the past month, involving City and league representatives, facilitated by a third party neutral, Attorney Patrick Furrer. The proposed agreement is between the City and Atfalati Recreation District, Inc., (ARD) a non-profit entity created by TSC representative, Dave Nicoli. The founding members of ARD are TSC and TLL. Other leagues could be added later. A draft agreement is presented for Council consideration. TSC and TLL must individually act on the agreement, to authorize ARD to enter into the agreement. TSC met on May 5 and expressed approval of the draft attached. However, the approval is conditioned on acceptance of Option B (12. Insurance) on Page 9. TSC proposes that remaining issues concerning insurance be negotiated after acceptance by the parties of all other terms. The TLL will meet during the week of May 12 to consider the agreement. Draft Agreement Elements i j The elements of the agreement, and decision points are: Page 1 - The introduction notes that ARD will pay one-half, or $150,000 of the purchase price. 5 j ^ > The leagues will have priority field use during their seasons, because of their "equity" position in the property. The City will own the land but acknowledge that the shared purchase will result in a long-term partnership in the development and use of the expansion area. > The leagues will continue to have priority use of existing fields in Cook Park during the time that it takes to develop the expansion property. The agreement does not establish a timeframe for development. - Page 2 - Section 1 - Purchase of the Property. > ARD will pay the City $15,000 for ten years to repay one-half of the purchase cost. > Users of the fields will pay fees, with the proceeds applied to the development j of the property. Page 3 - Section 2 - Management Committee. > The City will have two representatives on a committee which will develop guidelines for use, scheduling, and maintenance of the expansion property. The IA two leagues each will have one representative. Page 3 - Mediation of Disagreements. > A standard mediation process is established, based on a model established by the Oregon State Bar Association. j . Page 4 - Section 4 - Goals. i`. > A set of goals is established as guiding principals for the relationship. f Page 5 - Section 5 - Construction of Fields and Related Facilities. > ARD will devote its funds to development of some fields and facilities. > The percentage responsibility of the City and ARD will be established (based on the Revised Master Plan cost estimates). _ Page 5 - Section 6 - Provision of Services to Property. > The services to be provided by the City are listed. Page 5 -Section 7 -Payment of Costs for Annual Maintenance of Sports Fields. 3 > Tigard Public Works is responsible for field and facility maintenance. > If ARD desires maintenance above the City established standard, ARD can provide the higher level of maintenance, or pay the City to provide it. Page 6 - Section 8 - Maintenance and Repair of Facilities. I > TSC and TLL are responsible for policing the fields during league games. > "Resting" of fields will be planned. Page 6 - Section 9 - Improvements. > ARD may make improvements, with approval by the City. Page 7 - Section 10 - Priority in Use of Sports Fields. > Community events will be scheduled on the property. > The leagues have priority use of the fields during their established seasons Page 7 - Section 11 - Scheduling Other Uses of Property. > The City will schedule other users of the fields. i Pages 7 and 8 - Sections 12 and 13 - Hold Harmless and Insurance. jt > Sections 12 and 13 remain unresolved by the negotiating teams. The City t representatives propose that each party hold the other harmless. Also, in 1 Section 13, the City proposes levels and terms of insurance coverage for the leagues. i The leagues propose maintaining insurance for their actions; however, they have not agreed to the terms proposed by the City. ARD proposed Option B, found on Page 9. Acceptance of this section by the City would lead to deferral of a decision on insurance coverage as a separate discussion item. j An additional option is to delete the hold harmless section. The third party facilitator, Pat Furrer, contacted an insurance attorney to discuss whether the City's insistence on a hold harmless provision in this type of agreement is appropriate. Attorney Furrer has reported that he has been advised that such a provision is considered "a deal breaker" because the parent organizations of the leagues are unable to commit to this type of condition. A memo from Attorney Furrer is attached. Page 9 - Section 14 - Cooperation in Park Planning. > Acknowledges that the planning of Cook Park has and will involve a variety of interests. ' Page 9 - Section 15 - Term. > The initial term of the agreement is ten years. Page 10 - Section 16 - Ten Year Review and Termination of Agreement. `3 > At the end of ten years, the agreement will be subject to a review for renewal. ~ Memo to Counci. May 7, 1997 Page Five > A > If Pa i Page 10 - i > Th Page 10 - > Th Page 11 - > As Page 11 - > Pul > Ne. Page 11 - ; > Oui i N A ct on eeded Staff will present May 13 meeting. the negotiators m; i Options A and B, Once an agreeme exercise the purch WAM\jh attachments: 1. Col v will take place at the end of each ten years. nation occurs, a method of dealing with the property is proposed. to the ARD could occur in a specific scenario. m 17 - Entire Agreement. :ement is totally contained within the written agreement. )n 18 - No Partnership. ies are not responsible for the actions of the other. j' m 19 - Anti-Assignment. ent cannot occur without written consent. f in 20 - Public Contracts Requirements: Anti-Discrimination. zntract law will be followed by the City. )arty will discriminate. n 21 - Authority to Execute Agreement. how the agreement is accepted by the parties. •oposed terms of the agreement during the Study Session portion of the icil will be asked to accept, modify, or reject the proposed terms so that ay the Council response to ARD. Discussion of Sections 12 and 13, take place so that direction on these key sections is clear. acceptable to Council and ARD, direction is needed to proceed to rtion of the Lamb and Gray property. :he May 5, 1997 draft Agreement (with Mediation Appendix) AGREEMENT a The City of Tigard, an Oregon municipal corporation ("City"), is purchasing real property defined as the Gray/Lamb Cook Park Addition ("Propertyas more particularly described in the attached Exhibit "A", for the sum of $300,000 and the Atfalati Recreation + District, Inc., an Oregon non-profit corporation ("ARD"), will be contributing the sum of gPi $150,000 towards the purchase of the Property as hereinafter forth. The _ purpose of this I' i agreement is to set forth the obligations, rights, and responsibilities of the parties concerning the f purchase of the Property, development of the Property, improvements to the Property, maintenance of the Property, and use of the developed fields and the related facilities with this ~expansion of Cook Park in Tigard, Oregon. i The City and ARD (and its members Tigard Soccer Club [TSC] and Tigard Little League [TLL]) have an arrangement at present whereby TSC and TLL have priority during their seasons a _ 3 for the use of the soccer fields and baseball/softball fields at the present park. The purpose of this agreement is to acknowledge the equity position that ARD will have in the Property being developed and that TSC and TLL will have a priority for the use of the developed Property during their seasons and to acknowledge that TSC and TLL will continue to have priority on the i3 existing ball fields and soccer fields during the development of the Property. The purpose of this agreement is not to reduce the present use that TSC and TLL have in the existing fields, nor is it ti present to give additional benefit as to use of the existing fields, but merely to acknowledge use and provide for future use of the developed Property. j The purpose of this agreement is to also allow for the consolidation and coordinated use j of the present baseball/softball facilities at Cook Park, the existing soccer facilities at Cook Park and the facilities to be developed on the Property. The cooperative efforts between the City of Tigard, ARD, and the various recreational organizations that use the present facilities and the facilities to be developed is desirable to maximize the use for existing organizations and future organizations. The parties agree as follows: 1. Purchase of Real Property. The present members of ARD, TSC and TLL agree 1 to pay the City a minimum of $15,000 per year for a period of ten (10) years toward the purchase price of the Property for a total payment of $150,000. ARD shall have the right to i prepay its obligation at any time. The TSC and TLL are presently assessing their members a ;a per-player fee to fund this purchase. To the extent that there are assessed funds that have been a collected by ARD for this purchase in excess of $15,000 per year, ARD agrees to place these J funds in a separate account (the Fund), and said funds shall be used upon agreement between the ,'J City and ARD as to the use of these funds for purchase, development, improvement and maintenance of the Property. The first payment shall be due June 1, 1997, and each payment thereafter shall be due on May 1 of each year until the entire $150,000 is paid. s j Page 2 - AGREEMENT j The City and ARD recognize that ARD is soliciting additional members to its organization. It is agreed that should additional ARD members use the Property, they shall be assessed for the use of the Property and funds assessed shall go into the Fund provided for i herein. It is further anticipated by the City and ARD that there will be other uses for the fields i. ;j to be developed on the Property and users fees charged and collected by the City and that the i i) City will place these funds in the development fund for the Property until the Management Committee ("Committee"), as defined in Paragraph 2, has determined that the development of ;j the 1997 Revised Cook Park Master Plan ("Plan") has been substantially completed. At that time, the use of these user fees shall be renegotiated between the City and ARD. 2. Management Committee ("Committee ) The Committee shall consist of two (2) a City officials appointed by the City Council for the City, and two ARD representatives, one from TSC and one from TLL, appointed by their respective boards. With input from City staff and M the boards, the development and improvement of the Property shall be the responsibility of the Committee within the confines of the City budget and funds becoming available from various sources. The Committee shall develop guidelines for use, scheduling, and maintenance of the Property. Tigard's Department of Public Works shall be responsible for maintenance of the facilities. . The City and ARD agree that they will mediate an 3. Mediation of DuabQreements y y any disagreements (including those arising in the Committee) between them and will immediately engage the services of a mediator to resolve their differences with reference to development, improvement, maintenance and use of the Property. Both parties acknowledge that they may 1 ~j Page 3 - AGREEMENT have differences and agree in good faith to mediate and resolve all disputes having in mind the 'j protection of the fields and the use of the fields by the maximum number of participants in the F City and the surrounding area. The mediation shall be by agreement in a form per the attached agreement which is attached hereto as Exhibit "B." ~ { 4. Goals• The parties agree to the following goals: I ffff . = i a. To provide an area that can be used by a large number of people for other . City events such as the July 4 celebration and Tigard Festival of Balloons. b. To provide additional soccer and baseball/softball fieldss for TJC and TLL A and other Tigard based youth and adult soccer and baseball/softball leagues as well as providing these fields to the public (which may be on a fee basis). :j c. To maintain all fields at Cook Park at a high quality by limiting their use by rotation, and provide increased maintenance. d. To attract large tournaments and other recreational uses for the Tigard community. A portion of the income from the proceeds would be used to maintain the fields. - e. To have fields in the city available to the general public for general a i recreation. > c j f. To accomplish the first five goals with limited taxpayer money, but i working with the City to share parking, utilities, and combining the a 1 strengths of the park and the fields. - ? X i 5/5/97.1 `l `.f Page 4 - AGREEMENT 1 of funds 1 5. Construction of Fields and Related Facilities. Subject to the availability .1 ARD will construct appropriate fields on the Property. If the City builds additional facilities at Cook Park, this Agreement may be modified to include the use and operation of those facilities. and ARD agree that the improvements identified in the Plan for the development of the The City Property benefit the TSC and TLL as well as the general public as a whole. Development and improvement to the Property directly related to ARD and its membership leagues; i.e. playing a fields and parking (a percentage to be determined), and snack shacks are the responsibility of ii ARD. The City shall be responsible for those improvements that primarily serve the general J public; i.e., playing fields and parking (a percentage to be determined), restrooms and pathways. The above are examples and other development projects on the Property will be shared on a negotiated percentage basis between the parties. 6. Provision of Services to Property. City will provide electrical service, garbage collection (including refuse cans and dumpsters), water and sewer service to Cook Park as developed and expanded. City will provide ARD with access to the electrical panel for the sports fields during the recognized season in return for reimbursement, accordinno to a schedule established by the City. 7. Payment of Costs for Annual Maintenance of Sports Fields. The Department of j Public Works shall be responsible for a base level of maintenance for the sports fields such as "J 'i mowing, watering, and fertilizing, etc., as determined in its annual budget process. If ARD wishes a higher level of maintenance on the sports fields and related facilities than the City is providing, then ARD may either provide such maintenance (with approval of the City) and be z~ Page 5 - AGREEMENT t responsible for the cost, or it may negotiate these services and costs on an annual basis with the City. 8. Maintenance and Repair of Facilities. During the recognized TSC and TLL a seasons, ARD shall remove all litter and garbage to approved receptacles provided by the City 1 i and keep the Property in a clean and safe condition. ARD shall be responsible for lining all I sports fields. Whether fields are suitable for play on a day-today basis shall be the sole decision I of the City's Public Works Director or designee. The City shall require any other user of the I j Property io leave die Pi'opcay in goon condition and repair, including removal of litter and t€ debris from the Property when the use is completed. The City and ARD recognize a use of the € fields is a resting period for the fields, and that this resting and rejuvenation period for the fields is to be considered as a use of the fields when determining other uses of the fields. l' 9. Improvements. ARD may make temporary or permanent improvements to the Property only with permission of the City Public Works Director consistent with the Plan and t s City financial processes. The City gives permission to ARD to provide a snack shack for ARD i a sales operation during the TSC and TLL recognized seasons. The City shall approve the type and placement of any improvement, including a snack shack, and shall receive funds to cover the 'i cost of electricity to service the snack shack or actual cost as determined each year by the City's Public Works Director. All improvements to the Property shall be constructed consistent with j all local and state legal requirements. Any improvement is the property of the City. Upon j j completion of the Plan, the City shall adopt a financial plan to fund its obligations under this qml Agreement. Page 6 - AGREEMENT a 5/5/97.1 a j i 10, Priority in Use of Snorts Fields. The City has the right to schedule community events in Cook Park. The City and the Committee recognize that ARD has priority to use the 1 sports fields for conducting TSC and TLL activities during the appropriate recognized TSC and i TLL seasons. This priority of use allows ARD first option to use the sports fields and related 1 facilities during TSC and TLL recognized seasons. Other persons or entities desiring to use the i Property for any purpose during the recognized seasons would have secondary priorities. Community events may preclude use of sports fields and related facilities by ARD; prior to. t scheduling these events the Committee shall be consulted. 11. Scheduling Other Uses of Property- ARD shall provide the Committee with a schedule of days and times of use and suggestions for field rejuvenation prior to February 1 of each year. The City shall schedule ARD reservation for the Property and review and schedule .1 ARD's requests for other City fields. Reasonable use of the Property by other users consistent with ARD recognized TSC and TLL seasons, will be scheduled by the City utilizing a permit process. {Sections 12 and 13 require a decision by ARD and the City whether to insert Option A or B}. Option A: 12. Hold H_arn less. ARD and/or its member league shall indemnify and hold City and its officers, employees, volunteers and agents, harmless from and against any claims of ?3 a every nature or kind for or on account of the use of the Property by ARD and/or its member league under this Agreement. The City shall indemnify and hold ARD and/or its member league l and its officers, employees, volunteers and agents harmless from and against any claims of every a nature or kind for or on account of the use of the Property by the City under this Agreement. { 13. Insurance. ARD and/or the specific member will maintain, in full force and effect during the term of this Agreement public liability and property damage insurance, including bodily injury, property damage, and personal injury insurance, covering ARD's and/or ' its member league's sponsored activities on the Property during the recognized sports seasons. ' This insurance shall cover all claims which might arise from operations and activities under this Agreement or pertaiiiing to RD's and/or its member league's activities directly and shall carry ( j the City as an "Additional Insured." z 3 The insurance policy will be with a carrier allowed to transact business in Oregon. The 1 policy of insurance maintained by ARD and/or its member league shall provide at least the 1 following limits and coverages: General Liability and Property Damage and shall have a minimum liability of one million dollars for any one occurrence. ARD's and/or its member league's insurance policy shall contain provisions that such policy shall not be canceled or their limits of liability reduced without thirty (30) days prior written notice to the City Risk Manager. ARD and/or its member league shall provide the City with Certificates of Insurance in a form i j satisfactory to the City certifying the issuance of such insurance. The Certificates shall be forwarded to: Risk Manager, City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon, 97223. Such certificates must be delivered prior to commencement of the terms of this Agreement. ' The procuring of such required insurance shall not be construed to limit ARD's and/or its member league's liability hereunder. Notwithstanding said insurance, ARD and/or its member Page 8 - AGREEMENT i league shall be obligated for the total amount of any damage, injury, or loss caused by sj negligence or neglect connected with this Agreement. Option B. 12. Insurance. All clubs and entities who wish to use the property must provide a acceptable proof of insurance. With input from City staff and ARD the insurance requirements for use of the Property shall be the responsibility of the Committee. The goal of this insurance is to protect the City, ARD, TSC, TLL and the people who use the Property. The level of insurance coverage shall be negotiated by ARD and the City before March 1, 1998. If Option B is chosen, Sections 14 through 21 will be renumbered 13 through 20}. 14. Cooperation in Parks Plannine. City has and will continue to involve the community in the planning for Cook Park, and design and construction of improvements to the Property. The City, TSC, TLL, neighbors and others have participated as members of the Cook e Park Task Force. Through their efforts, and that of a consultant, the Plan has been developed. Public meetings have been held throughout the process. In the future, City will give notice of a public meetings regarding its parks planning process, when revisions to the Plan are under i consideration. 15. Term. This Agreement becomes effective on the date it is signed by both parties and will continue for a ten (10) year term which shall begin on June 1, 1997. Page 9 - AGREEMENT 5/5/97.1 16. Ten Year Review and Termination of Agreement. Within a one-hundred and r ..7 twenty day (120) period prior to the conclusion of the initial ten (10) year cycle, and each ten (10) year anniversary thereafter, ARD and City shall conduct a mutual review of this Agreement and modify or terminate the Agreement if both parties determine that such a modification or termination is in the public interest. If at any time the Agreement is terminated and the property remains available for active recreational use by ARD, or the Property becomes unusable for a recreational purposes, then no remuneration is required for either parry. If at any time the ` Agreement is terminated and the Property will be unavailable for ARD use as outlined in this i Agreement, then the City will either dispose of the Property or provide ARD with a replacement facility equal to or better than the Property. If a disposition of the Property occurs, the proceeds of the disposition shall be split 50 per cent to the City and 50 per cent to ARD or its successors (after deduction of the actual costs of disposition). This Agreement may also be terminated by either party for a material breach of its terms. The non-defaulting party shall give a written notice of default and opportunity to cure at least thirty (30) days before terminating the Agreement for cause. Upon termination, ARD shall remove all of its equipment from the t Property and leave the premises in good order and repair. I 17. Entire Agreement. This Agreement is the entire agreement between the parties. Except as provided in Paragraph 16, any modification to this Agreement must be in writing and i approved by both parties. 18. No Partnership. ARD and the City are not partners or joint venturers. Neither party is responsible for the actions of the other in the use of the Property. Page 10 - AGREEMENT i 5/5/97.1 i i <J 19. Anti-Assignment. This Agreement may not be assigned by either party without written consent of the other party. r 20. Public Contracts Requirements: Anti-Discrimination. The City agrees to comply with the provisions of ORS 279.310 to 279.320, relating to mandatory provisions in public contracts relating to payment of laborers, payment of claims, environmental and natural resources laws and other matters, which statutes are incorporated herein for improvements undertaken by the City. The City and ARD agree not to discriminate in the scheduling or use of the Property against persons on the basis of race, religion, color, national origin, sex, age, marital status, disability, or political affiliation. 21. Authority to Execute Agreement. This Agreement shall be approved by an ordinance of the Tigard City Council. ARD represents that the person signing the Agreement on its behalf has authority to sign the Agreement. - DATED this day of June, 1997.` r ATFALATI RECREATION DISTRICT, INC. By: As its: Page 11 - AGREEMENT ii Form 15-2 Agreement to Mediate AGREEMENT TO MEDIATE i This is an Agreement between and and ` 7 hereinafter the "mediator," to enter into mediation with the intent of resolving the following issues: The parties and the mediator understand and agree as follows: -i 1 Nature of mediation The parties hereby appoint and retain [ ] as i mediator for their negotiations. The parties understand that mediation is an agreement-reaching process in which the mediator 'J C-N assists parties to reach agreement in a collaborative, consensual, and informed manner. It is understood that the mediator has no power to decide disputed issues for the parties. Q, mho `s understand parties L'naL mediation is not a substitute for ' independent legal advice. The parties are encouraged to secure such advice throughout the mediation process and are strongly advised to obtain independent legal review of any formal mediated ' agreement before signing that agreement. The parties understand l -j that the mediator's objective is to facilitate the parties themselves reaching their most constructive and fairest s agreement. The parties also understand that the mediator has an obligation to work on behalf of each party equally and that the mediator cannot render individual legal advice to any party and will not render therapy or arbitrate within the mediation. 1 2. Scope of Mediation The parties understand that it is for the parties, with the mediator's concurrence, to determine the scope of the mediation J and this will be accomplished early in the mediation process. 3. Mediation is Voluntary All parties here state their good-faith intention to complete their mediation by an agreement. It is, however, v understood that any party may withdraw from or suspend the r. mediation process at any time, for any reason. j The parties also understand that the mediator may suspend or 1 terminate the mediation if the mediator feels that the mediation t, will lead to an unjust or unreasonable result; if the mediator feels that an impasse has been reached; or if the mediator determines that he or she can no long effectively perform.a facilitative role. 1 4. Confidentiality It is understood between the parties and the mediator that the mediation will be strictly confidential. Mediation II discussions, any draft resolutions, and any unsigned mediated agreements shall not be admissible in any court proceeding. Only a mediated agreement signed by any parties may be so admissible. The parties further agree to not call the mediator to testify j concerning the mediation or to provide any materials from the mediation in any court proceeding between the parties. The mediation is considered by the parties and the mediator as a i♦ i en i settlement negotiations. All parties also understand and agree that the mediator may have private caucus meetings and discussions with any individual party, in which case all such meetings and discussions shall be confidential between the mediator and the caucusing party. The mediator may, however, have certain statutorily or judicially required reporting obligations, such as reporting a reasonable belief that child abuse has taken { place or to speak up to protect one party from another if ~i substantial physical harm is a concern. 5. Full Disclosure i Each party agrees to fully and honestly disclose all relevant information and writings as requested by the mediator and all information requested by any other party, if the mediator determines that the disclosure is relevant to the mediation discussions. 6. Mediator Impartiality The parties understand that the mediator must remain impartial throughout and after the mediation process. Thus, the mediator shall not champion the interests of any party over another in the mediation or in any court or other proceeding. The ! parties agree that the mediator may discuss the parties, mediation process with any attorney any party may retain as individual counsel. Such discussions will not include any negotiations, as all mediation negotiations must involve all 1 parties directly. The mediator will provide copies of cox ind Corr whi med Ott 7. r~ med and cox and fac sha the sha :tJ agx ref <J sev j the sha espondence, draft agreements, and written documentation to pendent legal counsel at a party's request. The mediator may unicate separately with an individual mediating party, in h case such "caucus" shall be confidential between the ator and the individual mediating party, unless agreed rwise by all parties and the mediator. Mediation Fees The parties and the mediator agree that the fee for the ator shall be per hour for time spent with the parties for time required to study documents, research issues, espond, telephone call, prepare draft and final agreements, 3o such other things as may be reasonably necessary to Litate the parties reaching full agreement. The mediator 1 also be reimbursed for all expenses incurred as a part of mediation process. A payment of toward the mediator's fees and expenses 1 1 be paid to the mediator along with the signing of this ement. Any unearned amount of this retainer fee will be nded to the parties. The parties shall be jointly and rally liable for the mediator's fees and expenses. As between parties only, responsibility for mediation fees and expenses 1 be: The parties will be provided with a monthly accounting of and expenses by the mediator. Payment of such fees and uses is due to the mediator no later than 15 days following date of such billing, unless otherwise agreed in writing. ,I Should payment not be timely made, the mediator may, in his or her sole discretion, stop all work on behalf of the parties, including the drafting and/or distribution of the parties, agreement, and withdraw from the mediation. If collection or court action is taken by the mediator to collect fees and/or expenses under this agreement, the prevailing party in any such action and upon any appeal therefrom shall be entitled to attorney fees and costs therein incurred. DATED: Client MEMORANDUM CITY OF TIGARD j TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: May 7, 1997 j SUBJECT: Atfalati Correspondence E The correspondence referred to on Page 4 of my memo regarding the proposed Atfalati Agreement was not received today from Attorney Pat Furrer. It will be included with the Q Council newsletter on Friday, May 9. a \jh ;d a _1