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City Council Packet - 01/27/1998U ii c CITY OF TIGARD OREGON TICARD CITY COUNCIL MEETING JANUARY 27, 1998 COUNCIL MEETING WILL BE TELEVISED iiadm\jo%ccpktt.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p m Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 654-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 6394171, x309 (voice) or 634-2772 (TDD - Telecommunications Devices for the Deaij. SEE ATTACHED AGENDA COUNCIL AGENDA - JANUARY 27, 1999 - PAGE 1 AGENDA City Council Business Meeting January 27,1998 - 6:30 p.m. 6:30 PM ® 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. > AGENDA REVIEW 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review BoarB~_ 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Con munications/Liaison Reports 1.6 Call to Council and Staff for Non-Agenda Items 3. VISITOR'S AGENDA (Two Mirlites or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: December 24, 1997 3.2 ~ 3rove Reimbursement District Application Fee-Resolution No. 98- 3.3 Approve Appointments of Craig Dirksen and Gene Farnstrom to the Budget Committee and Nick Wilson and Jim Castile to the Planning Commission - Resolution No. 98-04 Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 6:30 PM COUNCIL AGENDA - JANUARY 27, 1998 - PAGE 2 7:50 PM 4. VISIONING ANNUAL REPORT • Staff Report: Assistant to the City Manager & Management Analyst/Risk 8:15 PM 5. PUBLIC HEARING (QUASI-JUDICIAL): VACATION PROCEEDINGS FOR APPROXIMATELY 16,174 SQUARE FOOT PORTION OF SW FANNO CREEK PLACE AND APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT OF WAY ADJACENT TO THE WESTERN LINE OF LOT 35 OF "FANNO CREEK ACRE TRACTS" a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 97- U 8:25 PM 6. DISCUSSION AND CONSIDERATION OF PARTICIPATION IN THE GROWTH MAI`9AGEMENT CAUCUS • Staff Report: Community Development Director • Council Discussion & Consideration 8:35 PM 7. CONSIDER REQUEST: CITY MAINTENANCE OF PRIVATE STREET LIGHTS • Staff Report: Community Development Director 9:00 PM 8. CONSIDER ADOPTION OF QUASI-JUDICIAL COMPREHENSIVE PLAN AMENDMENT REVIEW CRITERIA • Staff Report: Community Development Director ® Council Comments/Questions • Council Consideration: Ordinance No. 98- 02 9:05 PM 9. CONSIDER BUDGET ADJUSTMENT: COMMUNITY VOLUNTEER ASSISTANT • Staff Report: Assistant to the City Manager • Council Consideration: Resolution No. 98- DS 9:15 PM 10. CONSIDER ORDINANCE APPROVINU AGREEMENT BETWEEN ATFALATI RECREATION DISTRICT AND THE CITY OF TIGARD AND AUTHORIZING THE CITY MANAGER TO SIGN SAID AGREEMENT • Staff Report: City Manager COUNCIL AGENDA - JANUARY 27, 1998 - PAGE 3 9:25 PM 11. CONSIDER ATFALATI MANAGEMENT COMMITTEE APPOINTMENTS ® Staff Report: City Manager 9:35 PM 12. PRESENTATION: METRO STREAM AND FLOODPLAIN PROTECTION PLAN Staff Introduction: Community Development Director • Presentation: Metro Representatives 10:00 PM 13. NON-AGENDA ITEMS 10:10 PM 14. 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 ne%vs media are allowed to attend this session, but must not disclose any information discussed during this session. 10:30 PM 15. ADJOURNMENT iAadm\cathylcca1980127.d0c COUNC L AGENDA - JANUARY 27, 1998 - PAGE 4 Agenda Item No. . Meeting of 01ac1 Irq TIGARD CITY COUNCIL MEETING MINUTES - JANUARY ?7. 1998 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.; Community Development Director Jiin Hendryx; Chris Huber; Asst. to the City Manager Liz Newton; and City Recorder Catherine Whatley. > Executive Session The Tigard City Council went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at 7:30 p.m. > Mayor Nicol reconvened the study session. > Agenda Review Bill Monahan, City Manager, made several announcements. The Visioning Open House would be held at the Water Building on Thursday from 7 to 9 p.m. There was no Council meeting on February 3. The Water meeting was on Wednesday, February 4, from 7 to 9 p.m. The February 10 meeting was a ceremonial meeting with pictures. Councilors wishing to attend the First Niters Banquet on Friday, February 27, should RSVP to the City Recorder by February 16. Two newly promoted police lieutenants, John Nersky and Rick Rhodes, would be sworn in next Monday at 2:30 p.m. Mr. Monahan requested a study session after the regular meeting to discuss a problem staff was finding with accessory buildings built before the codes and right up against the property line, making them illegal under current codes. 1. BUSINESS MEETING • Call to Order - City Council &c Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:40 p.m. Council Communications/Liaison Reports Councilor Scheckla announced a workday at Villa La Paz this Saturday beginning at 12:00 p.m. sponsc •ed by Community Partners for Affordable Housing. Any Volunteers would be welcome. CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE I • Call to Council and Staff for Nor-Agenda Items Mr. Monahan asked for an Executive Session at the end of the meeting, and a study session on the Development Code. Mayor Nicoli announced that they might take Agenda Item 8 out of order because a Councilor had to leave at 8:30 p.m. 2. VISITOR'S AGENDA > Jetf Pfaender spoke to the SW North Dakota traffic improvements. He explained that he had not participated in the earlier discussions because his job took him out of state much of the time. He said the City has spent too much money on SW North Dakota. He stated that the 3W North Dakota extension to Scholls Ferry Road was intended to alleviate the traffic at the SW 12151 and Scholls Ferry intersection. He commented that the North Dakota/Scholls Ferry intersection was an efficient well-built intersection in contrast to the intersection at SW 12151 and Scholls Ferry. Mr. Pfaender stated that SW North Dakota was a through street when people bought their homes in this area. He suggested committee conflict of interest because, according to area realtors, these improvements added an increase in home values between 5% to 8%. Mr. Pfaender spoke against spending more money in this neighborhood and that other neighborhoods wanted speed bumps to improve their neighborhoods also. He referred to iie number of neighborhoods wanting speed bumps last year 44 streets applied for speed bumps, and only 4% got them. Mr. Pfaender said that the engineers told him that lowering the average speed from 35 mph to 29 mph wcu!d accomplish the neighborhood's goals. He mentioned a stop sign, at taxpayers' expense, on a cul-de-sac that did not have sufficient warrants for installation. He referred to the police patrols in this neighborhood and suggested the officers be reassigned to the Walnut intersection where elementary school children cros :ed the street. Mr. Pfaender suggested returning two-way traffic to North Dakota by removing the curb it, extension. He mentioned installing the speed bumps also but then emphasized that he did not want more tax dollars spent in this neighborhood. Mayor Nicoli explained that there was an automatic review period for this issue to return to Council. Mr. Pfaender said that, as he understood it, the engineers indicated in their review of the original plan (with the islands) that traffic was acceptable and questioned why the City spent additional funds for improvements. Mayor Nicoli said that the number one complaint from residential neighborhoods was speeding cars and ;people not looking out for children. The City has several programs to address these types of issues, including installation of speed humps. Mr. Pfaender agreed that the speeding problem needed to he addressed but spoke for addressing it throughout the city rather than spending more on a neighborhood that already had an implemented plan acceptable to the engineers. Mr. Pfaender commented that he thought that the neighborhood got what it wanted because a CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 2 Councilor was on the committee. Mayor Nicola said that he thought it was inappropriate to bring accusations against Councilor Rohlf. He explained that Councilor Rohlf had informed the Council that he did not agree with the Task Force's final recommendation but had promised to support their recommendation to the Council. In response to Mr. Pfaender's additional comment concerning a conflict of :nterest, the Mayor advised that a state agency was already reviewing that matter and would not entertain further discussion at this time. > Mark Irwin, 125th Place, SW North Dakota Task Force member, said that the Task Force had two goals: to reduce traffic volume and to reduce speeds. He mentioned the hard work and long hours of the Task Force in finding a solution that worked for everyone. He thanked the Council for implementing their recommendation. He reported that while the neighbors agreed that the traffic volumes were less, they also agreed that the traffic speeds have increased because the traffic circles were removed, opening up the street. He said that staff told him that the speed humps should relieve tiiat problem. He said that, overall, the neighborhood was satisfied with the results of the work on SW North Dakota. Mr. Irwin thanked the Council for helping them make their neighborhood more livable and safe. He also thanked the Tigard police for their patrol work. > Jason Broeckel introduced himself to the Council as the Republican candidate for State Representative House District 9. He distributed a handout to the Council. 3. CONSENT AGENDA Motion by Councilor Rohlf, seconded by Councilor Hunt, 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.") 3.1 Approve Council Minutes: December 24, 1997 3.2 Approve Reimbursement District Application Fee - Resolution No. 98-03 3.3 Approve Appointments of Craig Dirksen and Gene Farnstrom to the Budget Committee and Nick Wilson and Jim Castile to the Planning Commission - Resolution No. 98-04 4. VISIONING ANNUAL REPORT Liz Newton, Assistant to the City Manager, reviewed the work done by the Visioning Task Force and the Action Plan Committees in turning the results of the Fall 1996 community survey into the Tigard: Beyond Tomorrow report. She presented the report to the Council. Mark Mahon, Task Force member, mentioned two areas that he saw as critically important in the report: cooperation within the City and with other agencies and organizations, and improved citizen education on how the City works. Bev Froude, Task :Force member, spoke to this vision being big enough that everyone in the community could buy into it, and find a piece of it that they could work towards. She noted the presence of both long and short term goals within a timeline that would make this an ongoing process for many years. She urged citizens to participate in the vision to make Tigard a greater community than it already was. CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 3 Loreen Mills, Management Analyst/Risk Manager, mentioned the open house on Thursday, January 29, for all citizens to get more information about the results of the visioning process. She said that the report would come back to Council on March 10 for further discussion. She explained that this report had the first three years of the 20 year vision, and provided opportimities for the City, the School District, and the Chamber to work together. She said that staff would report back to the service organizations and schools with whom they had originally talked at the beginning of the process. They were also available to speak to any other interested groups. She mentioned that the 10 goals recently adopted by the City Council were tied into the Tigard vision. 5. PUBLIC HEARING (QUASI-JUDICIAL): VACATION PROCEEDINGS FOR APPROXIMATELY 16,174 SQUARE FOOT PORTION OF SW FANNO CREEK PLACE AND APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT OF WAY ADJACENT TO THE WESTERN LINE OF LOT 35 OF "FANNO CREEK ACRE TRACTS" a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges Councilor Hunt declared that he has visited the site and spoken with one of the applicants, Elmer Studds. He commented that he supported this request because of Mr. Studd's generosity in supporting the Senior Center and the City. Although Tim Ramis, Legal Counsel, said that Councilor Hunt's statement would not preclude h~m_ ;rom voting on this issue. However, Councilor Hunt said that he would abstain from voting because he was biased in favor of the request. Councilor Scheckla said that he visited the site to see where it was located. All Councilors indicated that they were familiar with the request. There were no challenges. c. Staff Report: Community Development Department Jim Hendryx, Community Development Director, explained that Northwest Landscape Industries asked the City to initiate the vacation of two separate street rights-of-way: a 40 foot wide gravel road right-of-way, commonly known as Fanno Creek Place, and a 30 foot section of road dedicated in 1911 for access to the property adjacent to the railroad tracks. He indicated on the map the exact locations. He mentioned that PacTrust had leased the 30 foot section from the City as a means of meeting the landscaping requirements for their development. Mr. Hendryx noted the question of how the land would be split between the applicants. He explained that vacated land typically returned to the original parties that dedicated the property but in this situation it was unclear which was the parent property. He said that the Council did have authority to decide how the land was divided. Councilor Scheckla asked why it took so long for the parties to request this vacation, since the City has had no use for this property since 1911. Mr. Hendryx said that he did not know why the adjacent property owners had not made a vacation request before. CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 4 Councilor Hunt asked if the Cour^il could honor an agreement between the two parties on how to split the land. Mr. Ramis said yes. Councilor Moore expressed concern that an easement for underground utilities be preserved. Mr. Ramis said that it was within the Council's discretion to state how that was preserved. He recommended that Council direct staff to develop broader language to address the issue. d. Public Testimony Mayor Nicoli reviewed the hearing procedures. Rich Ackerman, Northwest Landscape Industries, explained that they had not requested vacation of the land before because they had not known they could do so. When they discovered it during a remodeling application, they met with Mr. Studds and decided to make the request. He stated that, according to a survey done many years ago, two-thirds of the vacated property went to Mr. Studds, and one-third to Northwest Landscape Industries. In answer to Mayor Nicoli's question, both parties indicated that a one-third/two-thirds split was acceptable. e. Mayor Nicoli closed the public hearing. g. Staff Recommendation Mr. Hendryx recommended approval. g. Council Deliberation: Ordinance No. 98-01 Motion by Councilor Scheckla, seconded by Councilor Rohn; to adopt Ordinance 98- 01. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 98-01, AN ORDINANCE CONCERNING THE VACATION OF 1) APPROXIMATELY 16,174 SQUARE FEET OF PUBLIC RIGHT OF WAY, COMMONLY KNOWN AS SW FANNO CREEK PLACE, AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT OF WAY ADJACENT TO THE WESTERLY LINE OF LOT 36 OF FANNO CREEK ACRE TRACT. Motion was approved by majority roll call vote of Council present. (Mayor Nicoli, Councilors Moore, Rohlf and Scheckla voted "yes." Councilor Hunt abstained.) > The Council considered Agenda Item No. 8 at this time. 6. DISCUSSION AND CONSIDERATION OF PARTICIPATION IN THE GROWTH MANAGEMENT CAUCUS Mr. Hendryx referenced a letter received in December from Judy Hammerstead, Clackamas County Commissioner, requesting local governments W consider joining the Growth Management Caucus. He explained that the Caucus was staffed by McKeever Morris and dealt CIT yr COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 5 primarily with Metro 2040 issues, including the Functional Plan and the Framework Plan. Participation involved at least one Councilor and a staff person, and a fee of $2,500. He said that the purpose of the Caucus was to focus on hot issues or specific issues of concern to local governments. He said that staff did not budget for this item. Mr. Hendryx said that a benefit to participating was gaining a forum to discuss 2040 issues with other elected officials in the region. He mentioned that Tigard staff already attended a majority of growth management-related meetings, including the Metro Technical Advisory Committee (MTAC), MPAC, and the Regional Transportation Planning Group. He said that he thought Tigard did have adequate coverage on the Metro issues through its staff but that this Caucus would give the Council a forum to discuss these issues. Mr. Monahan commented that if the Council did choose to participate, they needed a Councilor who would regularly attend meetings and work with the other officials in order to maximize the benefit of this group for the City. Councilor Moore asked if this group had much leverage power on Metro decisions. Mr. Hendryx said that was difficult to know because he has not dealt with the Caucus as a recommending body. Mr. Ramis commented that this was an opportunity for the City to come to the table and possibly influence the opinion leaders. He mentioned the current court challenge to Metro, and said that if the City was not at the table, then the legal advisers would be less effective in their endeavors. The Council discussed whether or not to pursue this opportunity. Staff said that the meetings were quarterly and in the evening. Mayor Nicoli s,ipported a Councilor attending the Caucus as an opportunity to listen to how other cities felt on various issues. Councilor Hunt pointed out that without a change in the Council method of reporting back from these committees that Councilors sat on, the Council as a whole was unlikely to get much out of the Caucus. Mayor Nicoli agreed with Councilor Hunt but commented on the benefits, including the mutual influence with other cities if they had a representative at the table. Councilor Moore mentioned his interest in learning what other cities thought on various issues. He volunteered to represent the City on this cornmittee. Councilor Scheckla said that he thought that the $2,500 fee was appropriate, given the opportunity to work on inter-governmental relationships and to have a voice on these issues. Mr. Monahan said that the $2,500 covered six months. He pointed out that if more con-m-unities participated, the fee might be reduced in the future. Motion by Councilor Scheckla, seconded by Councilor Moore, to appropriate the funds to continue with this endeavor. Motion was approved by majority voice vote of Council present. (Mayor Nicoli, Councilors Moore, Rohlf and Scheckla voted "yes." Councilor Hunt abstained.) Mr. Monahan said that staff would return with a budget adjustment in February. > Mayor Nicoli recessed the meeting for a break at 8:52 p.m. > Mayor Nicoli reconvened the meeting. CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 6 7. CONSIDER REQUEST: CITY MAINTENANCE OF PRIVATE STREET LIGHTS Mayor Nicoli noted that the gentleman who raised this issue before the Council was not present at this time. He suggested combining the private street lights discussion with the private streets discussion on the February 24 agenda. Councilor Scheckla questioned discussing the issue at all since they already had agreed that they would not deal with private streets. Councilor Scheckla asked if the developer received concessions for narrower streets in return for installing street lights. Mr. Hendryx said that, while he could not speak to this specific development, street lights could be part of a whole package that allowed reduced standards for private streets. Councilor Scheckla asked if there were other items of a similar nature and how the city had addressed them. Councilor Hunt spoke to acting on this item tonight. Councilor Scheckla concurred. Mayor Nicoli said that he favored requiring a developer to put in street lights to city standards on private streets, and the city taking those over as a condition of approval. Councilor Moore said that he thought that the city was obligated to take over street lights they required be put in. Mayor Nicoli pointed out the 2 to 2 vote on this issue, and recommended setting the item over to February for the full Council to discuss. Councilor Hunt requested a good history of the use of private street lights in Tigard for the February discussion. Mr. Hendryx said that staff would provide a full report on private streets and the related issues on February 24, including an inventory of private streets in the city. > The Council considered Agenda Item No. 9 at this time. 8. CONSIDER ADOPTION OF QUASI-JUDICIAL COMPREHENSIVE PLAN AMENDMENT REVIEW CRITERIA Mr. Hendryx recommended approval of the final order and ordinance implementing the approval criteria for quasi-judicial Comprehensive Plan amendments, as approved by Council on December 9. Councilor Rohlf reiterated his previously stated concern to find a way to word these changes in s,ich a way that it gave the community in general better control over the quality of life in the neighborhoods, and a legal leg to stand on when developers proposed changes that would affect the; r ;uality of life. He said that in the discussion he had made it clear that this language did not achieve that goal. The clarifying language made it easier for developers. He said that he was not fundamentally opposed to the clarifications as given but he did not think that the language went far enough to give citizens the ability to deal effectively with development. Councilor Rohlf pointed out that the visioning work showed a concern about the quality of life in Tigard. He held that a lot of the development proposals last year clearly showed that thz Council did not have the legal provisions necessary to preserve the quality of life. If developers met clearly defined criteria, then they could get almost anything they wanted. He contended that these changes clarified former gray areas and made it easier for development to happen. He said that he had hoped that they could find language to give both sides clarity and better tools with CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 7 which to work but these changes gave better tools to only one side. Mayor Nicoli asked what specific examples Councilor Rohlf had in mind. Councilor Rohlf mentioned the tree issue on Greenburg Road and the Haggen application on SW 135th and Scholls Ferry. He said that these changes would give those wanting to develop within two blocks of a residential neighborhood the clarity they needed to meet the criteria to allow the development. However, there was no similar tool for the residents. He said that he had expected staff to look at ways to help Tigard citizens preserve their quality of life. He stated that while he recognized that the Plan and Codes have allowed Tigard to become the city that it was, he heard from many folks that they did not want more density, population or speeding cars. Councilor Scheckla pointed out that appealing the development applications was often too expensive for the average resident. He stated that he had voted no also on December 9 and would continue to do so. Councilor Moore said that he had not understood at the December 9 meeting how strongly Councilor Rohlf was against these changes. He said that he, too, was concerned about the quality of life but pointed out that they could not stop development from happening. They needed to make sure that development was done properly and for the betterment of the city. Councilor Rohlf said that he had asked staff to come back with something more balanced. However, staff's concluded that they could not develop terminology to address quality-of-life issues. He agreed that quality of life was difficult to define in words. Councilor Moore commented that it was important to avoid the "not in my backyard" syndrome also or there would be no development anywhere. He said that he was willing to consider rephrasing the language. Mr. Monahan pointed out that these Plan change criteria dealt with where was the proper place for the particular types of zoning in the community. He said that there were other tools to deal with how development actually occurred. He commented that it was difficult for staff to put everything together in one plan element. He suggested dealing with the issue both in the Plan and in the Development Code rules and regulations. Mayor Nicoli asked if there were options Council could discuss per Councilor Rohlfs concerns. Mr. Hendryx said that there were options but he was not sure of the exact procedure to follow since Council did take action on this item during the public hearing. Mr. Monahan commented that these changes were significant in that they made it possible for soine areas to be developed in a different way. He referred to other criteria dealing with the specifics of how land can be developed. Councilor Scheckla asked what the process was if they voted this down tonight. Mr. Ramis said that procedurally the Council could d;rect staff to return with additional land wage addressing these issues. If there was significant new language, they could renotice for p blic comment. With regard to the substantive changes, he commented that, since the language retained the phrase "consistent with applicable Plan policies," they could make sure that those Plan polices emphasized sufficiently the areas of concern,. He said that another alternative was to find some of those Plan policies and elevate their significance by incorporating them into this section.. Discussion followed on process. Mr. F!cndryx expressed concern at directing staff to make CITY COUNCIL MEETING MINUTES - j.,% UNARY 27, 1998 - PAGE 8 significant changes noting the previous public process including CIT review and a public hearing. Councilor Moore suggested approving the ordinance and directing staff to identify the supporting language clarifying the Council's ideas for a livable city. Councilor Rohlf commented that doing so would not be an easy process, citing the Tigard Triangle exp.;rience. He spoke to deciding as a city what kind of quality of life they wanted and how to protect it. Mr. Hendryx said that if Council adopted the changes tonight, then the criteria changed. If the Council did not do so, then staff would continue to operate under the old standards. Councilor Hunt asked which option would be easier for staff's work. Mr. Hendryx recommended, based on the Council's concerns, that they either take no action tonight or deny the request, which would leave the old standards in place. Councilor Moore expre--sed concern at overturning something that went through the process and was approved by everyone. Mr. Monahan suggested that Council decide to reconsider its vote, and send this item back to the Planning Commission. They could renotice if the language changed significantly. Council could give staff direction to look at the applicable plan policies and return with a complete package including language to address the Council's concerns. He commented that if Council approved these changes tonight, someone could apply before the work on the other policies was completed, and Council might feel obligated to approve something it did not welt. Motion by Councilor Rohlf, seconded b;- Councilor Scheckla, to send this back to the Planning Commission for reconsideration.. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Councilor Rohlf left the meeting at 8:40 p.m. The Council considered Agenda Item No. 6 at this time. 9. CONSIDER BUDGET ADJUSTMENT: COMMUNITY VOLUNTEER ASSISTANT Ms. Newton explained that staff created a classification called "Volunteer Coordinator" to include this position and the Library Volunteer Coordinator. She referenced the Human Resource Depariment memo recommending the Volunteer Coordinator position at Range 44, the same as the Library position. She asked for adoption of the resolution authorizing the budget adjustment to fund the Volunteer Coordinator position for the remainder of this fiscal year at range 44 ($7,800). Councilor Hunt asked if this was a full-time position. Mr. Monahan said yes, explaining that the position would assist with CIT setup until the number of volunteers increased. The Council discussed whether or not they had directed this to come back at budget time. Councilor Moore noted that the meeting minutes did not indicate that direction. Councilor Scheckla asked if staff could track this position to see how beneficial it was. Ms. Newton said that they intended to set up an annual review to track whether or not the volunteer program was saving enough money to justify assigning a full-time staff member to it. CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 9 Councilor Scheckla asked what derartment this position would be under in the future. Ms. Newton said that currently it was out of the City Manager's office. Mr. Monahan explained that that could change depending on the needs of the volunteer program. Motion by Councilor Hunt, seconded by Councilor Moore, to approve Resolution No. 98- 05. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-05, A RESOLUTION APPROVING BUDGET ADJUSTMENT NO. 12 TO PROVIDE FUNDING FOR THE NEWLY APPROVED VOLUNTEER COORDINATOR POSITION. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 10. CONSIDER ORDINANCE APPROVING AGREEMENT BETWEEN ATFALATI RECREATION DISTRICT AND THE CITY OF TIGARD AND AUTHORIZING THE CITY MANAGER TO SIGN SAID AGREEMENT Mr. Monahan explained that the Atfalati Recreation District has approved signing the agreement and returned it to Council for the City's signature. He said that there were no changes in the language and recommended that the Council authorize him to sign the agreement so they could begin working with the District representatives on the Cook Park expansion. Motion by Councilor Moore, seconded by Councilor Hunt, to approve Jrdinance No. 98- 02. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 98-02, AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE ATFALATI RECREATION DISTRICT, INC. AND THE CITY OF TIGARD AND AUTHORIZING THE CITY MANAGER TO SIGN Tt?E AGREEMENT ON BEHALF OF THE CITY COUNCIL. Mayor Nicoli mentioned that Atfalati was the name of a Tualatin Valley Indian tribe. Motion was approved by unanimous roll call vote c~~'Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 11. CONSIDER ATFALATI MANAGEMENT COMMITTEE APPOINTMENTS Mr. Monahan explained that the Atfalati agreement called for a committee made up of two city officials and two District representatives to work together to plan for the development and improvement of the Cook Park expansion. He said that the District would provide around $15,000 a year in funding plus in kind services for development of the property. The two District representatives were Dave Nicoli and Gary Stevens. Mr. Monahan referenced the staff memo recommending Ed Wegner and Jeff Munro as the City CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 10 representatives. However the Council could appoint Councilors if they wished. Councilor Hunt expressed his concern at overloading Mr. Wegner who was also working on water supply issues. Mr. Monahan said that Mr. Wegner volunteered. Mayor Nicoli suggested appointing Councilor Hunt as an alternate for Mr. Wegner to step in if Mr. Wegner got too busy. The Council discussed who to appoint as an alternate. Councilor Hunt spoke for appointing John Roy. Ed Wegner, Public Works Director, thanked the Council for their concern but explained that he intended to serve only during the long range planning stage of design and policy/program development. Once that was completed, Mr. Roy would be a more appropriate representative. He commented that since he began his career in Parks and Recreation, he was interested in being a part of this. Motion by Councilor Hunt, seconded by Councilor Moore, to forward the approval of the staff recommendations. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 12. PRESENTATION: METRO STREAM AND FLOODPLAIN PROTECTION PLAN Mr. Hendryx introduced Mark Turpel, Metro Interim Director for the Growth Management Program. Mr. Turpel was here to discuss Title 3 and the model ordinance. Mayor Nicoli asked if the model ordinance was the same as the process Tigard went through during the past two years to develop a plan to protect its streams. Mr. Turpel said that it was not. Mr. Turpel reviewed the growth management work done by Metro since the 1995 adoption of the 2040 growth concept for the region. He said that the model ordinance dealt with the water quality and flood protection element of the Functional Plan or Title 3. He stated that Tigard's Safe Harbor ordinance dealt with wildlife habitat in the watershed, and thus was different from this ordinance. He conceded that they were related items. Mr. Turpel said that the model ordinance was intended to give local jurisdictions a second way to implement the Functional Plan standards for water quality and flood protection. Jurisdictions could demonstrate that they met the basic performance standards or they could use the model ordinance as a "cookbook version" modified to meet their individual situations. He reviewed the membership of the Water Resources Policy Advisory Committee that developed this ordinance. including representatives from local water, sewer, and storm water providers, state and federal agencies, and environmental organizations. Mr. Turpel stated that MPAC would receive the model ordinance tomorrow night and debate it in February. He mentioned that he had Tigard's December 9 letter to Mayor Drake listing their concerns. He noted the open houses held on this issue, with the next one scheduled for this Saturday in Oregon City. Councilor Hunt asked if the work the City did on the Safe Harbor ordinance was negated by Metro's plan. Mr. Turpel said that, as he understood it, Metro's work was in addition to the City's work on protecting wildlife habitats in stream corridors. He confirmed that Tigard had to comply with both the Safe Harbor ordinance and the Metro Title 3 provisions. CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 11 Mayor Nicoli mentioned that he has not read the proposed wording of the model ordinance. He stated that as Tigard went through the Safe Harbor ordinance process, they realized that they had so many pre-existing conditions that if they set the boundaries too high, they effectively rendered many single family homes non-conforming, thus prohibiting remodeling or rebuilding in the event of fire. He said that they found a positive way to deal with that issue yet protect streams overall. Mayor Nicoli stated that unless the ordinance included options to deal with the pre-existing cases and the people damaged by the provisions, he doubted that Metro would receive the support of the City, considering the testimony they received during their Safe Harbor process. He explained that Tigard was a developed community along its streams, though the City was trying to buy up as much stream front property as it could in order to preserve it. He reiterated that they did not want to create non-conforming situations and extreme hardship for their citizens, such as taking away people's right to live in their home and do what they wanted with the property they bought 20 to 30 years ago. Mayor Nicoli stated that the language in the ordinance might also affect their ability to develop a city park. He explained the intent to connect Tigard's Cook Park, Tualatin's park, and Durham's park by a bridge across the Tualatin River to form one of the biggest open areas in the Portland metro area. However the parks were in the flood plain and this ordinance would prohibit putting in the parking necessary to get people down tc the park to enjoy it. He said that they needed a practical and flexible ordinance, since they were the agency that would be implementing it. Mayor Nicoli recommended that Metro look at Tigard's Safe Harbor ordinance as an example of flexibility in dealing with these issues. He commented that there were hard feelings among citizens about ordinances like this that took away people's property rights with no compensation. He said that with their program of buying property along Fanno Creek (using Metro Greenspace dollars) he did not think the ordinance had to be this restrictive. If Metro thought that they really needed a 200 foot buffer, then perhaps Metro should consider giving cities the money to buy up to 200 feet of land, instead of taking it from the people. He said these were the concerns that they wanted taken back to the Metro Council. Mr. Turpel said that he would convey the Mayor's comments to the Metre Council. He explained that the model ordinance was intended to address only new development, not existing development. He said that everyone could agree that existing development had a reasonable expectation of continuing the use. He stated that they wanted to regulate new development that could cause damage or further flooding if not built properly. He argued that causing flooding or further problems was a taking of one property owner impinging on another. With regard to the parking issue, Mr. Turpel said that Title 3 contained a provision that said that if the approach in the model ordinance was not appropriate, jurisdictions could find other ways to deal with the issues. He agreed that the cities had the difficult role of dealing directly with the property owners but contended that Metro was trying to provide flexibility in the ordinance. He commented that watershed crossed jurisdictional boundaries, and that there were ways to arrange new development to minimize any damage. He reiterated that he would convey Tigard's concerns to the Metro Council. Mayor Nicoli commented that, as he understood it, Metro's role was to coordinate local CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 12 governments on regional issues. However, in his experience he has found that Metro catered to special interests more than it did to local governments. He cited the case of Cook Park in which the City had accommodated the environmental concerns for the property by dedicating over half the land to wetlands. But a special interest group that wanted to shut down the whole park, including the athletic fields, picnic tables, and other structures, in order to convert the entire property to wetlands convinced the Metro staff that they had a valid issue. But the Metro staff did not consider what the City had dope. Mayor Nicoli expressed his concern that Metro catered to the special interest without talking to the City and researching what the City had done. He said that an ordinance like this was frightening because Metro would take it and cater to special interests, instead of looking at the overall plan of the jurisdiction. He pointed out that Cook Park provided the only access Tigard citizens had to the Tualatin River. If the City abandoned the park, they cut off all access to the Tualatin River for their citizens. Mayor Nicoli said that he grew nervous because he did not think that the Metro staff (and sometimes the elected officials) really cared about their community. Metro cared more about the special interests it catered to. He said that he thought that the conduct of Metro in this instance had been horrible. He observed that ordinances like this put that much more authority into what Metro wanted to do. When Metro misused that authority, it was not good for the community. He stated that what Tigard has done in Cook Park was for the benefit of all cities in the southern Portland Metro region. Mayor Nicoli reiterated that he was very concerned about ordinances like this that gave Metro additional authority because Metro has not yet demonstrated to him that they used authority wisely. He asked that Mr. Turpel take that message back to the Metro Council. Mr. Ramis clarified the testimony regarding the ordinance applying to new development. He explained that it would also apply to redevelopment (defined as estimated value of improvements at more than 50% of the current value). Upgrades to public or private property could run into the ordinance. Mayor Nicoli commented that that meant that if a property owner had more than 50% damage to his home from fire, then under this ordinance he could not rebuild. He said that they did not need the land that badly to make the ordinance work to do those kinds of things to people. If they did, then the Metro area citizens should allocate money to buy the land, but they should not take people's land. He stated that this was an inappropriate way to get the land to do what the people as a whole wanted to do. Mayor Nicoli commented that he thought that what the ordinance was trying to do was great but at who's expense. Mr. Turpel said that he would not support anything like that either. He disagreed that the Mayor's interpretation was what the ordinance did. He said that the ordinance addressed redevelopment that would increase a structure's footprint substantially into the floodplain and cause damage up or down stream. He said that he did not think Metro would penalize someone rebuilding from fire damage. Mayor Nicoli contended that a neighborhood began to stagnate when large additions to homes were prohibited, and people stopped spending money on their homes. He said that in order to have a healthy neighborhood, they had to leave the ability for people to add on to their homes. He spoke against restricting what people could do on their own property, and spoke for no CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 13 controls at all on existing residential lots of a certain size. Duane Roberts, Associate Planner, commented that under the Safe Harbor ordinance, the 50 foot buffer could be narrowed down to 25 feet for existing development. But the Metro ordinance did not allow that narrowing down of the buffer and was less flexible. Mr. Turpel disagreed, explaining how the ordinance allowed a wider buffer elsewhere cn the stream to compensate for encroachments in the'.uffer in a particular place. He said that the issue was water storage and preventing structural damage or life safety issues in the floodplain. Mayor Nicoli asked if the Corps of Engineers standards did not already address this issue. Mr. Roberts explained that the water quality setbacks did not address the floodplain. Mayor Nicoli commented that at its open houses, Metro tended to sell a concept to the public on making the livability of the region better without explaining how that concept would impact the rights of individual property owners through the imposition of harsher regulations. He said that he wanted Metro to show exactly how the imposition of 200-foot setbacks would impact people's homes along streams, causing them to lose control over 200 feet of their property. Mr. Turpel said that Metro was trying to make sure that there was sufficient capacity to accommodate growth in the region, either inside the urban growth boundary or with an expansion ofthe boundary. He explained that in a situation where the setbacks would essentially take all the use of the land, there were special provisions to deal with that to give flexibility to the property owner. He mentioned the use of density transfer on undeveloped land in order to maintain their capacity calculations. Mayor Nicoli contended that Metro was reaching less than I% of the population in the region, and had no practical way of identifying the property owners along streams. He said if people really understood how these regulations would affect their property, Metro would hear from a lot more people. He stated that an ordinan^e generated from that experience would be more flexible and show real concern for the people it affected. He commented that Metro has chosen the town hall meetings to make a lot of their decisions by but he thought that they rarely touched a lot of the people they really effected. Mayor Nicoli commented that in taking 200 feet off the side of a stream, Metro was going after property. Mr. Turpel pointed out that the buffer only applied to streams with a 25% slope or greater. Mayor Nicoli reiterated that the people in those areas should be notified. Mr. Ramis asked for information on the change in the method of calculation since the earlier drafts. Councilor Scheckla commended the Mayor for his comments and approach. Mr. Hendryx emphasized that the City of Tigard spent three to four years working on Goal 5, using an elaborate and costly process. They struck an agreement with the state and developed their Safe Harbor ordinance. He expressed their frustration that now Metro has come up with Title 3 and they would have to take another two years to revise all their work. He mentioned the effort it took to build consensus in the community on the Safe Harbor ordinance, and yet not ev:.ryone was Kapp.. Mr. Hendryx said that staff did evaluate the model ordinance, and believed that they understood where the deficiencies lay between the model ordinance and the Safe Harbor ordinance. He asked for assurance on how their standards rated as an alternative to Metro's model ordinance. CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 14 He commented that most jurisdictions would want to know how substantial their compliance was. Mr. Turpel suggested that he work with Mr. Hendryx to answer his question. He commented that, in most cases, he thought that Washington County was already close to substantial compliance because of the USA regulations. He acknowledged the time-consuming work done by the City. He mentioned that Title 3 was spoken of a year before the City adopted its Safe Harbor ordinance. Mr. Hendryx agreed that Title 3 was mentioned in conversations but pointed out that there had been no finality in what Metro was doing. Mr. Turpel handed out materials on Title 3 and the model ordinance. 13. NON AGENDA ITEMS 14. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 10:15 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Mayor Nicoli reconvened the regular session at 11:00 p.m. > STUDY SESSION Staff explained a situation that has arisen regarding a carport built prior to the Code which extended into the building setbacks. This has gone to court with one party asking for an extension. Mr. Monahan said that Mr. Hendryx would contact the judge to find out what kind of an extension would be granted. He would also get information from other jurisdictions on how they handled this issue and return to the Council in one month. 15. ADJOURNMENT: 11:20 p.m. ~I Catherine Wheatley, City Recorder CITY COUNCIL MEETING MINUTES - JANUARY 27, 1998 - PAGE 15 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON. OREGON 97075 Legal Notice Advertising *City of Tigard O ❑ Tearsheet Notice 13125 SW Hall Blvd. •Tiga rd , Oregon 9 7 2 2 3 e ❑ Duplicate Affidavit •Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' 1, Kathy Snyder being first duly sworn, depose and say, that I am the Advertising Director, or his principal clerk, of theTlgard-2ua1 a i n Trmes a newspaper of general circulatiun as defined in ORS 193.010 and 193.020; published at Ti ga rrl in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: January 22,1998 Legal Notice TT 9 015 Subscribed and sworn to afore me this22nd day of ,Tanvar OFFICIAL SEAL ROBIN A. BURGESS NOTARY PUBLIC-OREGON Not Public for Oregon COMMISSION NO. 092071 My Commission Expires: !AY COMMISSION EXPIRES MAY 19, 2001 AFFIDAVIT The following meeting highligb:s are published for your information. Full agendas may be.obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling. 639-4171. CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD MEETING January 27,1998 - 6:30 P.M. ;'IGARD CITY BALL - TOWN HALL 13125 S "VV HALL BOULEVARD, TIGARD, OREGON • Visioning - Annual Report • Metro Stream and Floodplain Protection Plan Update • Consider Adopting an Annexation Policy • Planning Commission Appointments . e Public Hearing - Vacation of Right of Way at Fanno Creek Place • Executive Session MO 15 - Publish January 22, 1998. COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 664-0360 Notice TT 9 0 0 7 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • ❑ Tearsheet Noilce 13125 S17 Hall Blvd. • Tigard,Oregon 97223 • ❑ Duplicate Affidavit •Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, )SS. COUNTY OF WASHINGTON, )ss. 1, Rai-by Rn)iHP,- being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard-Tua1 ati n Times a newspaper :)f general circulation as defined in ORS 193.010 and 193.020; published at ` i crard in the aforesaid county and state; that the pnnnn (`r J- Dl - C14- - a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TWO -successive and consecutive in the following issues: January 8,15,1998 Subscribed and sworn t e ore me this 1 5th chly of January, 1998 OFFICIAL SEAL ROBIN A. 13Ii11IGM Not Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 082071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT :,,FApM M PLACE PUBLIC RIGHT-OF-WAY STREET VACATI®1V< J~~~ The Tigard City Council will hold a public hearing on Tuesday, 27, 1998, at 7:30 P.M., at the Tigard City Hall, Town Hall Room, 13125 SW Hall Blvd., Tigard, Oregon, to consider the proposed vacation of an 4 approximately 16,174 square foot portion of SW ato Elmo St lla s and f~ unimproved roadway that provides secondary access ' Northwest Landscape industries. Petitioner is also requesting to vacate an approximately 4,914 square foot portion of an unnamed 30-foot-wide roadway adjacent to lot 36 of "Fanno Creek Acre Tracts" that had been dedicated in 1911 to the public with the platting of the Subdivision and which may no longer be necessary. The- request was initiated by the City Council on November 25, 1997. Any interested person may appear and be heard, for or against. the proposed vacation b6aid public right-of-way and easement vacation. Any written objections or remonstrance's shall be filed with the City Recorder by January' 27,1998, by 7:30 P.M. -rrn r ~ F e]~ 01/1 A N t0 G L~ s /~fJ / . 7 a *CT 37 , 01 -T4 23 49 I 23-87 ~'4C M007 - Publish January 8, 15, 1998. CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, f ~1 begin first duly sworn, on oath, depose ands : That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) q - Q 1 , C%- b a which were adopted at the Council Meeting -if q 9 ; copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the day of , 19 q 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 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 day of 19 CA t- OFFICIAL SEAL CONNIE MARTIN NOTARY PUBL IC-OREGON COMMISSION NO. 055532 MY COMMISSION EXPIRES JULY 07. 2000 Notary Public for Oregon My Commission Expires: t" 1:\ndm\Io\n1Tpos t. doc CITY OF TIGARD, OREGON ORDINANCE NO. 98- U AN ORDINANCE CONCERNING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE WESTERLY LINE OF LOT 36 OF "FANNO CREEK ACRE TRACTS". WHEREAS, the Tigard City Council initiated this vacation (Resolution No. 97-48) request pursuant to Section 15.08.040 of the Tigard Municipal Code at a public hearing held on November 25, 1997; and WHEREAS, the right-of-way was previously dedicated to the public; and WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of "Fanno Creek Acre Tracts" in 1911; and WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's and Northwest Landscape Industries; and WHEREAS, the approximately 4,914 square feet of i,ublic right -of--way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately 16,174 square foot portion of SW Fanno Creek Place; and WHEREAS, the petitioner is requesting that the City of Tigard vacate an approximately 4,914 square foot portion of an unnamed roadway adjacent to lot 36 of "Fanno Creek Acre Tracts"; and, WHEREAS, the public right-of-way may no longer be necessary; and WHEREAS, the vacation was initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have had the opportunity to review the vacation proposal and have no objections; and WHEREAS, PGE states that they will need easements for any facilities presently in this right-of-way to be vacated; and WHEREAS, GTE Telephone Operations has existing facilities that provide service to 15930 SW 74th Avenue that will require the granting of a utility easement; and WHEREAS, Unified Sewerage Agency states that there is an existing 8 inch sanitary sewer line wi.thin the proposed vacation area which will require the granting of a public utility easement; and ORDINANCE NO. 98- L2 I is\citywide\ord\vacfncrk2 ord Page I of 3 WHEREAS, the 30-foot right-of-way is part of a .65 mile (3,460 lineal foot) length right-of-way that is contiguous to ; 0 parcels, ; and WHEREAS, the 30-foot right-of-way extends for an additional .62 miles (3,290 lineal feet) beyond the area to be vacated and is contiguous to 9 parcels; and WHEREAS, in 1979 a street vacation had been approved (Ordinance No. 79-63) for an approximately .14 mile (770 lineal foot) segment of this 30-foot right-of-way; nd WHEREAS; that street vacation (Ordinance No.79-63) was later overturned (Ordinance No.79-115) because of notification and access issues ; and WHEREAS, the access issues associated with that 1979 vacation are no longer applicable; and WHEREAS, all of those parcels have had approved Site Development Reviews; and WHEREAS, access standards were satisfied for all of the approved Site Development Review approvals (SDR 88-08) (SDR 88-09), (SDR 90-0009), (SDR 90-0010) without use of the right-of-way; and WHEREAS, Pacific Realty Associates received site development review approval (SDR 88-08) that stated that the need for the right-of-way to be used for access appears to be highly unlikely, it is not maintained, it is a potential eyesore and it would be in the City's interest to have this area maintained in conjunction with the proposed development; and WHEREAS, Pacific Realty Associates received site development review approval (SDR 88-09) that stated that a variance was granted to allow less than the minimum landscape percentage if an arrangement can be made to use the vacant right-of-way such that the total land area would provide for the minimum landscape requirement; and WHEREAS, the City entered into an agreement with Pacific Realty Associates to lease the right-of-way to allow landscaping and other uses within a .2 mile (1,100 lineal foot) length of the right-of-way that is contiguous to 2 parcels; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as required by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published noti.;e of the public hearing; and WHEREAS, the propel ty owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on January 27, 1998, finds that it is in tb:: public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and ORDINANCE N0.98- iAcitywidc\ord\vacfncrk2.ord Page 2 of 3 WHEREAS, the Council finds that the following condition is necessary to vacate said land: 1. A public and private utility easement shall be provided within the area to be vacated. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of 1) approximately 16,174 square feet of public right-of-way commonly known as SW Fanno Creek Place; and 2) approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "B" and Exhibit "C". SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: A public and private utility easement shall be provided within the area to be vacated. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and postil-Zg by the City Recorder. PASSED: By (,(il C(n 5 vote of all Council in tubers present after being read by number and title only, this day of _ , 1998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this ,-2-2 -day of Approved as to form: V Attorney I Date ORDINANCE NO. 98- _ i.\ci tywidc\ord\vacfncrl;2.ord Page 3 of 3 1.-too 1600 Mac, I' ~J rj I 700 v J,V/ . 1200 Z00 zsa sic: Area To Be Vacated t y( ~ l A °J 36 goo c: EXHIBIT A I SCO .4.2.:r 37 ,'A' r ! ~ I ~I e y i JQQ `GQ. CASE NCO. Z 0 _z z z I ~I ' L. EXHIBIT B -I LEGAL DESCRIPTION PORTION OF S. W. FANNO CREEK PLACE CITY OF TIGARD WASHINGTON COUNTY, OREGON TO BE VACATED JOB NO. 3950 4/23/97 WC THAT PORTION OF S.W. FANNO CREED PLACE (COUNTY ROAD A-138) IN TklE NORTHEAST-QUARTER. OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W, TLLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON DESCRIBED AS FOLLOWS: BEGINNING AT TIM SOUTH CORNER OF TRACT 37, "FANNO CREEK ACRE, 'T'RACTS", A SUBDIVISION RECORDED DECUABER 2, 1911, IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND RUNNING THENCE ALONG THE SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID "FANNO CREEK ACRE TRACTS", N.44°37'35"W., 412.16 FEET TO 7'rlE EASTERLY LINE OF THE OREGO T ELECTRIC RAILWAY RIGHT-OF-WAY, 25.00 FEET FROM CENTERLINE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, 42.53 FEET ALONG THE ARC OF A NON- TANGENT CURVE RIGHT, CONCAVE NORTHWEST, THE RADIUS OF WRECK IS 1,457.69 FEET, THE CENTRAL ANGLE IS 1°40'18", AND THE LONG CHORD SEARS S.25°3 1'21"W., 42.53 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF S. W. FANNO CREEK PLACE (COUNTY ROAD NO. A-) 38), THENCE, ALONG SAID FANNO CREED PLACE RIGHT-OF-WAY LINE, PAIL WITH AND 40.00 FEET PERPENDICULAR FROM SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37, S.44°37'35"E., 381.61 FEET TO A POIN r-OF•CURVATURE; THENCE, ALONG THE RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION TO THE PUBLIC RECORDED AUGUST 1, 1983, WASHINGTON COUNTY RECORDER'S FEE NO. 83-27515,16.54 FEET ALONG THE ARC OF A CURVE RIGHT, CONCAVE WEST, THE RADIUS OF WHICH IS 14.00 FEET, THE CENTRAL ANGLE IS 67°40'37", AND THE LONG CHORD BEARS S.10°47'17"E., 15.59 FEET TO THE NORTHWESTEti'LY RIGHT-OF-WAY LINE OF S.W. UPPER BOONES FERRY ROAD (COUNTY ROAD NO. 534),30.00 FEET FROM CENTERLINE; THENCE, ALONG SAID S. W. UPPER BOONES FERRY ROAD RIGHT-OF-WAY LINE, N`ArOS'02"E., 48.78 FEET TO THE POP-TT-OF- BEGINNING:, CONTA24ING 16,174 SQUARE FEET, MORE OR LESS; THIS DESCRIPT ION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE IN THE W ASHLNGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE IS MADE APART HEREOF. EXHIBIT B- a -AT ~A 74th®~ p~ s 14 ST 15~° 'ji s~ Ulu C IL. l tos 09M . ~ ~ ~a tt~ a -VUNES FERRY li y -ev EYMIBIT C - LEGAL DESCRIPTION 93950 30 FT. ROAD 9/10/97 WC ADJOINING LOT 36 FAiNNO CREEK ACRE TRACTS CITY OF TIGARD WASHINGTON COUNTY, OREGON TO BE VACATED E",XMIT "A" PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC BY MEANS OF "FANNO CREEK ACRE TRACTS", A SUBDIVISION RECORDED DECEMBER 2, 1911 IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 14, AND DESCRIBED AS FOLLOWS: ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT 36 OF SAID "FAI NO CREEK ACRE TRACTS" LYING BETWEEN THE SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE EXTENDED OF SAID LOT 36; THE: WESTERLY LINE OF SAID ROADWAY ADJOINS THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8 FEET LONG. SIT "B" u/~~ di• EXHIBIT c .--ol 14 lull ,yam ~o 14 ill," ~ ~a 14 d .14 ;651 O 19 . / O o ~F5 a. E. L - LTL EXHIBIT D I I i i \ ~ I y l I I I 1 M1 I _ i 1 i \ ice-- o I - i I I I I I \ '~J ~ I I • " 6 I l i 1 1 I CARDINAL LN ,t , I i I ! REDUUOOO LN- I / i I ` ! , ~ ~ ~ I i iG I •,~I I ~ , ' I i I I~ i I ~Qi•y ~ ~1. Uji 41 _ a i f ••p0 - w d , uur • ~OGRy4'ya..tia~v C I L 0I I a z i L ®1 MOD • I ~ I i VICINITY EXHIBIT MAP 1 i CASE NO. FANN® CHU! PLACE PUBLIC B.OK STREET VACATION EMBIT E CITY OF TIGARD, OREGON RESOLUTION NO. 97-4S A RESOLUTION INITIATING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2) APPROA11 LATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE WESTERLY LINE OF LOT 36 OF "FANNO CREEK ACRE TRACTS". WHEREAS, the right-of-way had been dedicated to the public; and, WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of "Fanno Creek Acre Tracts" in 1911; and, WHEREAS, SW Fanno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's and Northwest Landscape Industries; and, WHEREAS, the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of 10t 36 of "Fanno Creek Acre Tracts" is also undeveloped and not used in any way; and, WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16,174 square foot portion of SW Fanno Creek Place; and, WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 4,914 square foot portion of an unnamed roadway i djacent to lot 36 of "Fanno Creek Acre Tracts"; and, WHEREAS, the public right-of-way may no longer be necessary; and, WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of: 1) approximately 16,174 square feet of public right-of-way commonly known as SW Fanno Creek Place; and 2) approximately 4,914 squire feet of public right-of-way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "A" and Exhibit "B". Section 2: A public h°aring is hereby called to be held by the City Council on Tuesday, January 27, 1998, at 7:30 p.m. at Tigard City 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 right-of-wav. RESOLUTION NO.97 Page t of 2 i 1,-itywide%aes\vacfncrk.int Nov. 1397 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 January 8, 1998 and the final publication to be on January 15, 1998. The Recorder is further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and Exhibit "B" and by reference, made a part hereof. ~41 PASSED: This day of A T: 1.1 6U -0-4~ RESOLUTION City Recorder - City of Tigard NO.97 Page 2 of 2 i AcitywideVes\vacfncrkAnt Nov. 13/97 N4eyeF- City of Tigard Ct7, sn -1. O~14 CITY OF TIGARD. OREGON ORDINANCE NO. 98• .'Q AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE ATFALATI RECREATION DISTRICT, INC. AND THE CITY OF TIGARD AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE TIGARD CITY COUNCIL WHEREAS, on July 22, 1997. the Tigard City Council. upon a motion ana voice vote, approved the proposed Agreement between Atfalati Recreation District, Inc. and the City of Tigard, and WHEREAS, the Atfalati Recreation District President has signed the said Agreement, and WHEREAS, Section 20 of the said Agreement provides that the Agreement shall be approved by an Ordinance of the Tigard City Council. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby approves the Agreement between Atfalati Recreation District, Inc. and the City of Tigard incorporated herein as "Exhibit A." SECTION 2: The Tigard City Council hereby authorizes the City Manager to sign the Agreement between Atfalati Recreation District, Inc. and the City of Tigard. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED APPROVED By M 11A "'I r""3 vote of all Council members present after being read by number and title only, this=;~ 7 day of 1998. Q Catherine Wheatley, City E-h By Tigard City Council this a--2 day of _ j Appr ed as to f . City Attorney IL2 7fZf V Date i:\adm\cathy\cou ncii\atfalord.doe ORDINANCE No. 98-02- Page 1 EXHIBIT A TIGARD CITY ORDINANCE NO. 9$- 02- AGREEMENT The City of Tigard, an Oregon municipal corporation ("City"), has purchased real property defined as the Gray/Lamb Cook Park Addition ("Property") as 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 $150,000 towards the purchase of the Property as hereinafter set forth. The purpose of this agreement is to set forth the obligations, rights, and responsibilities of the parties concerning the 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. The City and ARD (and its members Tigard Soccer Club [TSC] and Tigard Little League [ML]) have an arrangement at present whereby TSC and TLL have priority during their seasons 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 TILL will continue to have priority on the 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 to give additional benefit as to use of the existing fields, but merely to acknowledge present use and provide for future use of the developed Property. Page 1 - AGREEMENT The purpose of this agreement is to also allow for the consolidation and coordinated use 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 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 prepay its obligation at any time. The TSC and TLL are presently assessing their members a per-player fee to fund this purchase. To the extent that there are assessed funds that have been collected by ARD for this purchase in excess of $15,000 per year, ARD agrees to place these funds in a separate account (the Fund), and said funds shall be used upon agreement between the 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 August 1, 1997, and each payment thereafter shall be due on May 1 of each year until the entire $150,000 is paid. 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 herein. It is further Page 2 - AGREEMENT anticipated by the City and ARD that there will be other uses for the fields to be developed on the Property and users fees charged and collected by the City and that the 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 called for in 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) 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 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 guie.& nes for use, scheduling, and maintenance of the Property. Tigard's Department of Public Works shall be responsible for maintenance of the facilities. 3. Mediation of Disagreements. The City and ARD agree that they will mediate 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 have differences and agree in good faith to mediate and resolve all disputes having in mind the protection of the fields and the use of the fields by the maximum number of participants in the City and the Page 3 - AGREEMENT 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: a. To provide an area that can be used by a large number of people for other City events such the July 4 celebration and Tigard Festival of Balloons. b. To provide additional soccer and baseball/softball fields for TSC and TLL and other Tigard based youth and adult soccer and baseball/softball leagues as well as providinf; these fields to the public (which may be on a fee basis). 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 recreation. f. To accomplish the fast five goals with limited taxpayer money, but working with the City to share parking, utilities, and combining the stt=gths of the park and the fields. 5. Construction of Fields and Related Facilities. Subject to the availability of funds 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. Page 4 - ACPEEMEATT The City and ARD agree that the improvements identified in the Plan for the development of the 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 fields and parking (a percentage to be determined), and snack shacks (and the playground to service the field) are the responsibility of ARD. The City shall be responsible for those improvements that primarily serve the general 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, according to a schedule established by the City. 7. Payment of Costs for Annual Maintenance of Sports Fields. The Department of Public Works shall be responsible for a base level of maintenance for the sports fields such as mowing, watering, and fertilizing, etc., as determined in its annual budget process. If ARD wishes a higber 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 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. Daring the recognized TSC and TLL seasons, ARD shall remove all litter and garbage to approved receptacles provided by the City and Page 5 - AGREEMENT keep the Property in a clean and safe condition. ARD shall be responsible for lining all spores fields. Whether fields are suitable for play on a day-to-day basis shall be the sole decision of the City's Public Works Director or designee. The City shall require any other user of the Property to leave the Property in good condition and repair, including removal of litter and 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. 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 City financial processes. The City gives permission to ARD to provide a snack shack for ARD sales operation during the TSC and TL.L recognized seasons. The City shall approve the type and placement of any improvement, including a snack shack, and shall receive funds to :.aver the cost of electricity to service the snack shack or actual cast as determined each year by the City's Public Works Director. All improvements to the Property shall be constructed consistent with all local and state legal requirements. Any improvement is the property of the City. Upon campletion of the Plan, the City shall adopt a financial plan to fund its obligations under this Agreememt. 10. Priority in Use of Sports 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 sports fields for conducting TSC and TLL activues during the appropriate recogni2nd TSC and TLS, seasons. This priority of use allows ARD first option to use the sports fields and related facilities during TSC and TLL recognized seasons. Other persons or entities deshirg to use the Page 6 - AGREEMENT Y~M~ 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 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 a:id review and schedule 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. 12. 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, hicluding 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 pertaining to ARD's and/or its member league's activities directly and shall carry the City as an "Additional Insured." The insurance policy will be with a carrier allowed to transact business in Oregon. The policy of insurance maintained by ARD and/or its member league shall provide at least the 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 shau 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 Page 7 - AGREEMENT , and/or its member league shall provide the City with Certificates of Insurance in a form 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 AR's and/or its member league's liability hereunder. Notwithstanding said insurance, ARD and/or its member league shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 13. Cooperation in Parks Planning 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, TI.L, neighbors and others have participated as members of the Cook 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 public meetings regarding its parks planning process, when revisions to the Plan are under consideration. 14. 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 August 1, 1997. 15. Ten Year Review and Termination of Agreement Within a one-hundred and twenty day (120) period prior to the conclusion of the initial ten (10) year cycle, and each ten 1%'13J 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 Page 8 - AGREEMENT is in the public interest. If at any time the Agreement is terminated and die property remains available for active recreational use by ARD, or the Property becomes unusable for recreational purposes, then no remuneration is required for either party. If at any time the Agreement is terminated and the Property will be unavailable for ARD use as outlined in this 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 die 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 Property and leave the premises in good order and repair. 16. 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 approved by both parties. 17. 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. 18. Anti-Assignment. This Agreement may not be assigned by either party without written consent of tae other party. 19. 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 Page 9 - AGREEMENT 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 siatus, disability, or political affiliation. 20. 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 August, 1997. CITY OF GARD ATF DIS CT, INC. By: By: 7 77 As its: M A`,"ojz As its: !:21.udal iAadm\ athylagr==\ad9aa.doc Q-QZ c, V- Page 10 - AGREEMENT cz ExH¢srr--~L IL LLI- w U) t Y~ O~ S~ Q~ tl Q W LaJ V; EXHIBIT "B" =orn ZS-2 agreement to Mediace AGRz-m-'r-UENT To t=IATE This is an Agreement between [*j and [*j and (*j hereinafter the 'mediator,* to enter into mediation with the atent of resolving the following issues: (*j, The parties and the mediator understand and agree as follows: I- Nature of Mediation The parties hereby appoint and retain [*j as mediator for their negotiations. The parties' understand that mediation is an agreement-reaching process in which the mediator assists parties to reach agreement in a collaborative, consensual, and informed manner. It is understood that the mediator has no power to decide disputed pa--ties understand that mediation is issues for the parties. 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 that the mediator's objective is to facilitate the pasties themselves reaching their most constructive and fairest agr--eement. The parties also understand that the mediator has an obligation to work on behalf of each party equally and tat the mediator cannot render i - nd-vidual legal advice to any party and will not render therapy or arbitrate within the mediation. 2• Scope of Mediation The parties understand that is is for the parties, with the mediator's concurrence, to determine the scope of the mediation and this will be accomplished early in the mediation process. 3 • Mediation is Voluntary :~?1 parties Lere state their good-faith intention to complete their mediation by an agreement. It is, however, understood that any party may withdraw from or suspend the mediation process-at any time, for any reason. The parties also understand that the mediator may suspend or terminate the mediation if the mediator feels that the mediation 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. 4. Confidentiality It is understood between the parties and the mediator that the mediation will be strictly confidential. Mediation 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 concerni.^.g the mediation or to provide any materials =rom the mediation in any court proceeding between the parties. The mediation is considered by the parries and the mediator as EXHIBIT "B" For-n 'S'Z Agreement to Mediate AGRE'^1': :'0 MEDIATE This is an Agreement between [ * ] and [ * l and [ * ] 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: 1. Nature of Mediation _ The parties hereby appoint and retain as mediator. for their negotiations. The parties ' understand that mediation is as agreement-reach-;=g process in which the mediator assists parties to reach a - greement in a collaborative, consensual, and informed manner. It is understood that the . mediator has no power to decide disputed issues for the parties. The pa-"ties understand that mediation is not a substitute for independent legal advice. The parties are encouraged - 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 that the mediator's objective is to facilitate she parties themselves reaching th.e_- most constructive and fa=rest 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 i^ ' dividua' legal advice to an will Y party and wili not render therapy or ar-h=ate within the mediation. sec;'_ement 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 substantial physical harm is a concern. S. Full Disclosure Each party agrees to fully and honestly disolose all relevant information and writings as requested by the mediator and all information rccruesced 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 mediatcr shall not champion the interests of any party over another in t e mediation or in any court or other proceeding. The part-,=s 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 parties directly. The mediator will provide copies of correspondence, d=aft agreements, and written documentation to :-dependent legal counsel at a party's request. The mediator may communicate separately with an individual mediating party, in which case such °caucus• shall be confidential between the mediator and the individual mediating party, •:nless agreed otherwise by all parties and the mediator. Mediation Fees The parties and the mediator agree that the fee for the mediator shall be per hour for time spent with the parties and for time required to study documents, research issues, correspond, telephone ea11, prepare draft and final agreements, and do such other things as may be reasonably necessary to facilitate the parties reaching full agreement. The mediator shall also be reimbursed for all expenses inc-.L=ed as a part of the mediation process. A payment of toward the mediator's fees and expenses shall be paid to the mediator along with the signing of this agreement. Any unearned amount of this retainer fee will be refunded to the parties. The parties shall be jointly and severally liable for the mediator's fees and expenses. As between e parties only, resnonsib_lity for med? ation fees and expenses shall be: [ * ] . The parties will be provided with a monthly accounting of Fines and expenses by the mediator. Payment of such fees and expenses is due to the mediator no later than 15 days following the date of such billing, u.-iless oche-cerise agreed in w=iti::g. Should payment not be timely made, the mediator may, in h,s 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. OAT=ED : 19 Client Client Mediator AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE : January 27, 1998 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED ~~t✓C= ni✓r~o~=2 lirtho %w l3~ 2l"\j'"T" oP N n~KrJTea UYT'. ~1oNANAt'~ qR K T v~ ~ , r, 4.1d G r N '~t,kvlc.~ St t?GE~ ' ch Jf ~4sc~/f f3R,v~~-fC~G zul~ 1Aadm1 o%v1a1tsht.doc AGENDA ITEM NO. 2 - VISITOR'S AGENDA - PAGE 2 DATE: January 27, 1998 (Limited to 2 minutes or less, p!ease) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE 11 TOPIC Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time 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. 5 DATE: January 27, 1995 PUBLIC HEARING (QUASI-JUDICIAL): VACATION PROCEEDINGS FOR APPROMMATELY 16,174 SQUARE FOOT PORTION OF SW FANNO CREEK PLACE AND APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT OF WAY ADJACENT TO THE WESTERN LINE OF LOT 35 OF "FANNO CREEK ACRE TRACTS" PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS AGENDA I'T'EM NO. 5 PLEASE PRINT Propanent - (Speaking In I Name, Address and Phone N;' 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. Nam,, 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.