City Council Packet - 06/18/2013 ''' City of Tigard
Tigard Workshop Meeting—Agenda
TIGARD
TIGARD CITY COUNCIL & CITY CENTER
DEVELOPMENT AGENCY
MEETING DATE AND TIME: June 18, 2013 - 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall
Blvd., Tigard, OR 97223
PUBLIC NOTICE:
Times noted are estimated.
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for
Council meetings by noon on the Monday prior to the Council meeting. Please call 503 -639 -4171, ext. 2410
(voice) or 503 - 684 -2772 (IDD - Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead
time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by
calling: 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf).
VIEW LIVE VIDEO STREAMING ONLINE:
http://live.tiEard-or.gov
Workshop meetings are cablecast on Tualatin Valley Community TV as follows:
Replay Schedule for Tigard City Council Workshop Meetings - Channel 28
• Every Sunday at 7 a.m.
• Every Monday at 1 p.m.
• Every Wednesday at 2 p.m.
• Every Thursday at 12 p.m.
• Every Friday at 3 p.m.
SEE A"1"nACHED AGENDA
• Cite of Tigard
TIGARD Tigard Workshop Meeting - Agenda
TIGARD CITY COUNCIL & CITY CENTER
DEVELOPMENT AGENCY
MEETING DATE AND TIME: June 18, 2013 - 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall
Blvd., Tigard, OR 97223
6:30 PM
• EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to order, the appropriate ORS citation will be announced identifying the applicable
statute. All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(4), but must not disclose any information discussed. No Executive Session may be held for
the purpose of taking any final action or making any final decision. Executive Sessions are closed to
the public.
1. WORKSHOP MEETING
A. Call to Order- City Council and City Center Development Agency
B. Roll Call
C. Pledge of Allegiance
D. Council Communications & Liaison Reports
E. Call to Council and Staff for Non - Agenda Items
2. RECEIVE BRIEFING ON THE EMERGENCY MANAGEMENT COOPERATIVE
AGREEMENT OF WASHINGTON COUNTY 6:35 pm estimated time
3. RECEIVE LEGISLATIVE REPORT FROM JOEL RUBIN, CFM
6:50 pm estimated time
4. REVIEW A NAMING POLICY, RECEIVE BRIEFINGS ON THE PARK BOND AND A
RECREATION PROGRAM CHARTER, AND DISCUSS THE CITY'S RELATIONSHIP
WITH TWO SPORTS CLUBS 7:10 pm estimated time
5. COUNCIL LIAISON REPORTS 8:40 pm estimated time
6. NON AGENDA ITEMS 8:45 pm estimated time
CITY CENTER DEVELOPMENT AGENCY
• EXECUTIVE SESSION: The Tigard City Center Development Agency will go into Executive
Session to discuss pending litigation under ORS 192.660(2) (h). All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news media are allowed
to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information
discussed. No Executive Session may be held for the purpose of taking any final action or making any
final decision. Executive Sessions are closed to the public. 8:50 pm estimated time
7. ADJOURNMENT 9:25 pm estimated time
AIS -1303 2.
Workshop Meeting
Meeting Date: 06/18/2013
Length (in minutes): 15 Minutes
Agenda Title: Briefing on the Emergency Management Cooperative Agreement of Washington County
Prepared For: Dennis Koellermeier Submitted By: Kristie Peerman, Public Works
Item Type: Meeting Type: Council Workshop Mtg.
Public Hearing: Publication Date:
Information
ISSUE
Council will be briefed on the Emergency Management Cooperative Agreement of Washington County.
STAFF RECOMMENDATION / ACTION REQUEST
No action is requested; councilors are asked to listen to the briefing and ask any questions they may have. The council
will be asked to formally consider a resolution approving the agreement at an upcoming meeting.
KEY FACTS AND INFORMATION SUMMARY
In 2005, Tigard joined the the Office of Consolidated Emergency Management (OCEM). OCEM—currently
comprised of Washington County, the Washington County Sheriffs Office, Tualatin Valley Fire and Rescue (TVF &R)
and the cities of Hillsboro, Beaverton and Tigard — satisfies ORS 401.305(3), which requires inter- agency coordination
of emergency management policy and planning activities.
OCEM oversight and operational support have been provided by TVF &R since OCEM's inception. While emergency
management and preparation is a primary responsibility of the county (via the sheriff), the parties agreed to delegate
this function to TVF &R. The attached agreement:
• Shifts responsibility for oversight and operational support back to Washington County.
• Clarifies some operational details.
• Provides for broader participation of other Washington County public agencies.
The agreement is viewed by the OCEM Executive Board as a very positive step for improved emergency management
in Washington County.
Under the proposed agreement, the county will pick up a majority of the new organization's costs and the other
partners will apportion the remaining costs. If the other costs are shared equally by the partners, Tigard's annual
funding contribution will drop from around $50,000 to approximately $31,000.
OTHER ALTERNATIVES
This agreement has been negotiated and approved by the Executive Board of OCEM, on which Tigard has one
position. This agreement is subject to approval of all existing OCEM members listed above. Assuming the current
participating agencies approve this agreement, OCEM will be rechartered as the Emergency Management Cooperative
(EMC) with the county taking the lead role. Should Tigard choose not to execute the document, the city would not be
a member of the new EMC. Choosing not to participate in the EMC would undermine the city's responsibility for
coordinating its emergency management program with its partners and reduce the city's ability to influence and shape
countywide emergency management strategies, plans and policies.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Not applicable
DATES OF PREVIOUS COUNCIL CONSIDERATION
This the first time this agreement has come before the council.
Fiscal Impact
Fiscal Information:
Under the proposed agreement, the county will pick up a majority of the new organization's costs and the other
partners will apportion the remaining costs. If the other costs are shared equally by the partners, Tigard's annual
funding contribution could drop from around $50,000 to approximately $31,000.
Since actual membership costs have not been finalized, staff maintained the status quo and allocated approximately
$50,000 for EMC membership in the fiscal year 2013 -2014 proposed budget.
Attachments
EMC IGA
INTERGOVERNMENTAL AGREEMENT
EMERGENCY MANAGEMENT COOPERATIVE
OF WASHINGTON COUNTY
This Agreement is entered into, pursuant to ORS 190.010, by and among
Washington County (the County) and other public sector jurisdictions within Washington
County (herein collectively "participating jurisdictions ") and supersedes previous
agreements for the coordination of emergency management programs in Washington
County
WITNESSETH
WHEREAS ORS 401.305 (3) requires the local governing bodies of counties and
cities that have both city and county emergency management programs to jointly
establish policies which provide direction and identify and define the purpose and roles
of the individual emergency management programs, specify the responsibilities of the
emergency program managers and staff and establish lines of communication, succession
and authority of elected officials for an effective and efficient response to emergency
conditions; and
WHEREAS the participating jurisdictions desire to collaborate beyond statutory
requirements and cooperatively identify, design, implement, and test the structure,
systems, facilities, plans, and procedures of a comprehensive, countywide emergency
management system; and
WHEREAS the goal of such collaboration is to enhance the level of disaster and
emergency preparedness within and across the boundaries of the participating
jurisdictions and to develop and maintain an effective multi- agency coordination system;
and
WHEREAS improved preparedness will be achieved through coordination among
the participating jurisdictions and among the various emergency service functions
provided within those jurisdictions; and
WHEREAS many of the participating jurisdictions entered into an
Intergovernmental Agreement in November 1995, which has been subsequently amended
and revised, to improve the level of disaster and emergency coordination and
preparedness within the boundaries of the participating jurisdictions
TERMS AND CONDITIONS
I. EMERGENCY MANAGEMENT COOPERATIVE
The participating jurisdictions hereby create an emergency management
cooperative responsible for the development, enhancement, maintenance, and
Page 1 of 7
Intergovernmental Agreement (EMC)
coordination of emergency management structures, systems, facilities, plans,
procedures, training, and exercising within (and between) the jurisdictions of the
participating entities and agree that the organization shall be known as the
EMERGENCY MANAGEMENT COOPERATIVE (EMC).
II. PURPOSE OF AGREEMENT
The purpose of the EMC is to enhance the level of disaster and emergency
preparedness and coordination within and across the boundaries of the
participating jurisdictions by focusing on improvements to emergency
management structures, systems, facilities, plans, procedures, training, and
exercising.
III. MEMBERSHIP
A. Eligibility: Washington County and all Washington County public sector
jurisdictions with an emergency management program.
B. Membership Types:
1. Voting Member: Participating jurisdictions that make a financial
contribution per section VII of this Agreement.
2. Non - Voting Member: Participating jurisdictions that do not make a
financial contribution per section VII of this Agreement.
IV. ORGANIZATION
A. Director: The work of the cooperative will be managed and coordinated
by an EMC Director. The Director will serve at the pleasure of the
County, with input from the Executive Committee, and be housed by the
County unless otherwise approved by the Executive Committee. The
Director's primary duties will be to: 1) develop and maintain
comprehensive, integrated, and effective emergency management and
multi - agency coordination systems in concert with the participating
jurisdictions; 2) oversee implementation of the annual EMC work plan and
budget; 3) coordinate emergency management activities within and
between the participating jurisdictions; and 4) coordinate emergency
management activities with other local, regional, and state agencies and
organizations.
B. Staff: The participating jurisdictions will identify staff to work with the
EMC. Staff assigned to work with the EMC will be housed at their
respective jurisdictions. The County will provide work space for staff of
participating jurisdictions to temporarily or periodically collocate in order
to enhance coordination and coproduction efforts.
C. Work Teams:
1. Emergency Management Team (EMT):
a. The EMT consists of the EMC Director and designated emergency
management staff from participating jurisdictions. The team is
Page 2 of 7
Intergovernmental Agreement (EMC)
tasked to 1) collaboratively identify, design, implement, and test
the structure, systems, facilities, plans, and procedures of a
comprehensive, integrated, countywide emergency management
system; 2) participate in the development of the annual work plan
and budget; and 3) assist in the planning and conduct of training
and exercises.
b. The team will receive administrative support from the County.
2. Multi- Agency Coordination System (MACS) Planning Team:
a. The MACS Planning Team consists of law enforcement, fire,
public works, public health, other emergency responder, and
emergency management representatives of the participating
jurisdictions. The team will only meet with the consent and
support of the participating jurisdictions' first responder
departments. The team will be responsible for developing the
countywide plan for multi - agency incident coordination.
b. The team will receive administrative support from the County.
V. GOVERNANCE
A. Executive Committee:
1. The EMC will be governed by an Executive Committee consisting of
the chief executive officer of each participating jurisdiction. Each of
these primary representatives may designate an alternative
representative who may attend Executive Committee meetings and act
in the absence of the participating jurisdiction's primary representative.
2. The representative of each voting member jurisdiction has the right to
vote on all matters before the Committee. Representatives of non-
voting jurisdictions may participate in all Committee discussions and
deliberations but cannot vote. An affirmative act of the Executive
Committee requires that a majority of the voting member
representatives are present and the decision is unanimous.
3. The Executive Committee will be chaired by a voting member
representative selected by the Committee. Chair of the Executive
Committee may be rotated among the voting member representatives
on an annual basis.
4. The Executive Committee will be responsible for:
a. Approving the annual EMC work plan and budget;
b. Approving policies related to EMC functions;
c. Coordinating EMC actions and activities with jurisdictional elected
officials and other key decision makers; and
d. Reviewing the efficacy of the EMC and this Agreement on an
annual basis.
B. Disputes: Any disputes as to the interpretation of this Agreement between
two or more of the participating jurisdictions will be resolved by a
unanimous decision of the Executive Committee.
Page 3 of 7
Intergovernmental Agreement (EMC)
C. Administrative Support: Administrative support for Executive Committee
meetings will be provided by the County.
VI. OPERATING GUIDELINES
A. National Standards: The participating jurisdictions agree to adopt and
implement the National Incident Management System (NIMS) and
Incident Command System (ICS) as the incident management organization
required by ORS 401.305(5)(b).
B. Local Standards: Participating jurisdictions agree to work toward
attaining and maintaining minimum emergency management performance
standards, which include, but are not limited to:
1. Developing and maintaining a functional Emergency Operations
Center (EOC), including written position descriptions, trained
emergency management staff, displays, communication equipment,
etc.
2. Developing and maintaining a multi- hazard functional Emergency
Operations Plan (EOP) that is consistent with Federal Emergency
Management Agency (FEMA) and state guidance.
3. Developing and maintaining a Natural Hazards Mitigation Plan
(NHMP) that is consistent with FEMA and state guidance.
4. Developing and maintaining a Continuity of Operations (COOP) Plan
that is consistent with FEMA and state guidance.
5. Conducting at least an annual exercise of the EOC and emergency
management plans at a functional or full scale level.
6. Providing educational materials and programs on disaster preparedness
for individuals, families, and businesses.
C. EMC Work Plan: The Emergency Management Team will develop, for
Executive Committee consideration and approval, an annual work plan
detailing the purposeful actions to be pursued on behalf of the
collaborative. The work plan will identify specific tasks to enhance the
systems, facilities, plans, procedures, training, and exercising of the
countywide emergency management and multi - agency coordination
systems and include an implementation plan with timelines, descriptions
of required resources and operational implications, and lead agency
contact information.
D. EMC Budget:
1. The Emergency Management Team will develop, for Executive
Committee consideration and approval, an annual budget detailing the
costs associated with implementing the annual work plan and
supporting EMC operation and administration.
2. The Executive Committee may amend the approved budget mid -year,
as needed, subject to the funding methodology outlined in section VII
of this Agreement.
Page 4 of 7
Intergovernmental Agreement (EMC)
VII. EMC FUNDING
A. Method: Washington County will fund 51% of annually approved EMC
expenditures. Other participating jurisdictions will collectively fund the
remaining 49 %. The funding allocation between the County and other
participating jurisdictions may be adjusted during the annual budget
development process. The method for allocating the non - county share
amongst the other participating jurisdictions will be determined each year
as part of the budget process and may be based on proportionality or any
other method approved by the Executive Committee.
B. Voting/Non - Voting Members: The Executive Committee may establish a
minimal membership fee for a participating jurisdiction to receive voting
privileges on the Executive Committee. Non - paying jurisdictions, or
those under the established threshold, will be considered non - voting
members.
C. Payments: The County will invoice all financially contributing members
based on the allocations approved by the Executive Committee. The
invoices will be distributed during the month of July for the new fiscal
year (July 1 — June 30 fiscal year). Payments are due within 45 days of
receipt of invoice unless other arrangements have been made with the
County.
VIII. DURATION, WITHDRAWAL, AND TERMINATION
A. Effective Date: This Agreement will go into effect on July 1, 2013,
following its authorization by the governing bodies of the jurisdictions
participating in the intergovernmental agreement for consolidated
emergency management as of January 1, 2013 (City of Beaverton, City of
Hillsboro, City of Tigard, Tualatin Valley Fire and Rescue, and
Washington County).
B. Termination: This Agreement will remain in effect until June 30, 2018,
unless the participating jurisdictions unanimously agree in writing to an
earlier termination, extension, or modification of its terms.
C. Withdrawal: A participating jurisdiction may withdraw at the end of a
fiscal year by providing written notice of its intent to withdraw to all other
participating jurisdictions no less than 90 days before the end of that fiscal
year. A participating jurisdiction may also withdraw effective as of any
other date provided the withdrawing jurisdiction receives unanimous
approval of the Executive Committee. The remaining funding obligation
of a jurisdiction withdrawing under this circumstance will be determined
by the Executive Committee at the time the withdrawal is approved.
Page 5 of 7
Intergovernmental Agreement (EMC)
D. Non - Appropriation: Notwithstanding any other provisions provided
herein, a participating jurisdiction's continuation in the EMC is subject to
the jurisdiction's annual budget appropriation of funds in support of the
EMC.
IX. AMENDMENTS
Proposed amendments to this Agreement shall be approved by unanimous consent
of the Executive Committee and must be subsequently approved by each of the
participating jurisdiction's governing bodies.
X. ADDITIONAL JURISDICTIONS
Any jurisdiction not a party to this Agreement may become a party by first
obtaining the unanimous approval of the Executive Committee and then securing
approval of the terms in this Agreement and any accompanying amendments from
its governing body.
XI. RESPONSIBILITY FOR ACTS
Each of the participating jurisdictions shall be solely responsible for its own acts
and the acts of its employees and officers under this Agreement. No participating
jurisdiction shall be responsible or liable for consequential damages to any other
participating jurisdiction arising out of the performance of the terms and
conditions of this Agreement.
XII. INSURANCE
Each of the participating jurisdictions shall contribute to the purchase and
maintenance of such insurance as will protect the EMC from claims of third
parties arising from its performance under this Agreement. The amount of
insurance shall be not less than the organization's liability under the Oregon Tort
Claims Act.
XIII. SEVERABILITY
The terms of this Agreement are severable and a determination by an appropriate
body having jurisdiction over the subject matter of this Agreement that results in
the invalidity of any part shall not affect the remainder of the Agreement.
XIV. INTERPRETATION
The terms and conditions of this Agreement shall be liberally construed in
accordance with the general purposes of the Agreement.
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s) who are
duly authorized to execute this Agreement on behalf of the governing body of the below -
named unit of local government.
DATED this day of , 2013.
Page 6 of 7
Intergovernmental Agreement (EMC)
[Agency Name] APPROVED AS TO FORM
Page 7 of 7
Intergovernmental Agreement (EMC)
AIS -1340 3.
Workshop Meeting
Meeting Date: 06/18/2013
Length (in minutes): 20 Minutes
Agenda Title: Legislative Report from Joel Rubin, CFM
Prepared For: Liz Newton Submitted By: Cathy Wheatley,
Administrative Services
Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg.
Public Hearing: No Publication Date:
Information
ISSUE
An update from Joel Rubin, the city's federal lobbyist on recent activities.
STAFF RECOMMENDATION / ACTION REQUEST
Receive an update and ask questions on topics of interest.
KEY FACTS AND INFORMATION SUMMARY
City council adopted the 2013 legislative agenda at the February 12, 2013 council meeting.
At the March 26, 2013 council meeting the mayor, city manager and councilors provided updates on their meetings
with the congressional delegation offices and agencies during visits in February and March.
This will be an opportunity for an update and discussion with the city's federal lobbyist, Joel Rubin on the status of the
city's federal legislative agenda and other topics of interest to the council.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
Adoption of the city's federal legislative agenda on February 12, 2013.
Attachments
2013 Federal Agenda
I
Federal Legislative
Tigal.d.Oregon .� -.-.�-
Grant Priorities
• Hall Boulevard— Burnham Street to Durham Road
This project will enhance pedestrian safety, complete bike paths, and improve capacity at key intersections
along Hall Boulevard from Downtown Tigard to Durham Road.
REQUEST AMOUNT: $7,100,000
• Highway 217 Interchange with 72nd Avenue
Evaluate and develop a conceptual design to relieve congestion and improve safety in the area of the
interchange of Highway 217 with 72nd Avenue. This project will focus on the ramp terminals and cross streets
intersecting 72nd Avenue.
REQUEST AMOUNT: $800,000
• Police Interoperable Communications
Because of federal mandates, the regional dispatch center in Washington County will move from an analog
communications network to 800 MHz digital format. Radios operated by first responders in the region will
need to be replaced by 2018. The digital format will provide greater capacity and flexibility for transmitting
data, and seamless communications between the city, county and other first responders on the network.
REQUEST AMOUNT: $250,000
• Police Automated License Plate Recognition Equipment
Automated License Plate Recognition (ALPR) is a surveillance method that uses optical character recognition to
read vehicle registration plates. This equipment would be of great value in tracking stolen vehicles, Amber
Alert suspects, and drivers operating on a suspended license. ALRP technology will maximize the patrol
efficiency of the police force.
REQUEST AMOUNT: $238,000
• Promote the Farmers Market in Downtown Tigard
The Tigard Farmers Market is focused on bringing healthy, locally grown and raised food to the community. The
market is seeking additional resources to promote a new location in Downtown Tigard and to expand
producer -to- consumer opportunities in a larger space. Funds are being sought for signage, including
permanent wayfinding signs, and to promote the new expanded market to the community.
REQUEST AMOUNT: $100,000
III N it
TIGARD
City of Tigard I A Place to Call Home 1 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard- or.gov
• Fanno Creek Regional Trail
Complete missing links of the existing paved, multi -use Fanno Creek Regional Trail to connect neighborhoods
with schools, parks, jobs and Downtown Tigard. The trail provides an off - street alternative to walking and
riding on busy roads as well as opportunities for healthy outdoor activities.
REQUEST AMOUNT: $900,000
• Tigard /Metzger After - school Program
The city is working with the Tigard - Tualatin School District to secure funding for a new recreation and student
achievement program at Metzger Elementary School. Metzger serves the highest Spanish- speaking student
body in Tigard, and the highest percentage of students receiving free and reduced -price meals in the district.
Grant funds would be used to enhance the outdoor fields and play area to serve as a neighborhood park with a
small community garden for area families. In the summer, educational enrichment programs focused on
reading and technology would be offered along with a lunch distribution program.
Tigard would seek grant funding —that is available to local education agencies and community -based
organizations —to initiate, expand, or enhance physical education programs, including after - school programs,
for students in kindergarten through fifth grade.
REQUEST AMOUNT: $250,000
Other Projects Supported by Tigard
• Pacific Highway (99W) /Barbur Boulevard High Capacity Transit Alternative Analysis
An alternatives analysis and preliminary engineering study is needed to determine the best high- capacity
connection to provide transportation options to connect downtown Portland, Tigard, King City, Tualatin and
Sherwood. Reductions in automobile trips will reduce roadway congestion and pollution, reduce accidents and
set the groundwork for efficient development along the transit line.
TOTAL COST: $11.4 MILLION; FEDERAL REQUEST: $1 MILLION
• Lake Oswego- Tigard Water Partnership
In August 2008, the cities of Lake Oswego and Tigard formally endorsed a partnership agreement for sharing
drinking water resources and costs. Lake Oswego's water supply system is near capacity, and key facilities need
expansion and upgrades. Residents need a secure, dependable water source. Both cities want to keep water
affordable for their customers and sharing the cost of new infrastructure to serve both communities does that.
TOTAL COST: $240 MILLION
• Columbia River Crossing Project
Tigard strongly supports the Columbia River Crossing (CRC) Project, which is a long -term, comprehensive solution
to problems on Interstate 5 near the Columbia River. The 1 -5 corridor is the backbone of a network of roads that
provide access to the region, which is more susceptible to long -term economic losses from congestion than other
areas because of its ties to trade. Completion of the CRC project will create benefits for both trucks and marine
freight through reduced congestion in the corridor, improved access to ports and highways, and the elimination
of bridge lifts. The CRC project will improve safety for travelers, increase community livability, provide new travel
options, and an improved highway to support jobs, the regional economy and future growth.
Policy Items
• Tigard Street Trail —P &W Rail Line Abandonment
Tigard envisions a future where a wide variety of transportation and recreational opportunities are available
through a diverse system of parks, trails and open space. Providing residents with alternative transportation
2013 Federal Legislative Agenda I Tigard, Oregon Page 2
access to jobs, housing and shopping is a priority. The potential rail -to -trail in Downtown Tigard is an
opportunity for the city to work together with regional partners to achieve these goals.
• Sequestration Cuts
Tigard encourages a balanced approach to deficit reduction. In particular, Tigard supports protecting important
programs including Community Development Block Grant, State and Local Law Enforcement, COPS Technology,
Economic Development Administration, TIGER and FTA Transit Capital Grants, among others.
• Attain a Tigard ZIP code
Tigard staff is investigating the process to secure a distinct Tigard mailing address, instead of the current
Portland designation.
• Buy America Concerns
MAP -21 took steps to close a Buy America loophole, but unintended consequences of the legislation could
cause delays for local governments. We recommend that FHWA guidance and future rule- making include the
following:
o Exclusion from Buy America requirements if all future contracts are implemented without federal
highway funds.
o Buy America requirements should not apply to contracts or work under an agreement with a utility that
is not funded by Title 23 programs.
• EPA Regulatory Concerns and Unfunded Mandates
Tigard opposes legislative or regulatory initiatives that undermine local government decision - making. The
partnership with federal policy makers should recognize roles and not pre -empt city authority on issues such
as land use, rights of way and other local functions.
For More Information
• Mayor John L. Cook, 503- 718 -2476, mayorcook @tigard - or.gov
• City Manager Marty Wine, 503 - 718 -2486, marty @tigard - or.gov
• Assistant City Manager Liz Newton, 503 - 718 - 2412, liz @tigard - or.gov
2013 Federal Legislative Agenda I Tigard, Oregon Page 3
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• DC Trip Recap
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• Congressional Checklist
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Agency Meetings
• Surface Transportation Board — Tigard Trail • National Endowment for the Arts — Our Town,
Art Works and Arts Place
• Environmental Protection Agency — Area Wide
Brownfield Assessment Grant (Downtown) • Housing Office of Sustainable Housing and
Communities — Sustainable Communities
• USDA Agriculture Marketing Services Division —
Metzger Farm to School and Farmers Market • DOJ Bureau of Justice Assistance and COPS —
Police Equipment and SRO's
• DOC Economic Development Administration —
Business Incubators (patents) Hill Meetings
• DOE Healthy Students Group — Metzger Farm to • Sen. Wyden, Sen. Merkley, Congresswoman
School Bonamici and Congressman Schrader
Comprehensive Service
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• Comprehensive Immigration Reform • Gun Control
• Water Resources Development (WRDA) • Climate Change
• XL Pipeline (Administrative Approval) • Comprehensive Tax Reform
• Investment in Infrastructure
• Long Term Budget Fix
,suonsancs
AIS -1273 4
Workshop Meeting
Meeting Date: 06/18/2013
Length (in minutes): 90 Minutes
Agenda Title: Review a Naming Policy, Receive Briefings on the Park Bond and a Recreation Program
Charter, and Discuss the City's Relationship with Two Sports Clubs
Prepared For: Brian Rager Submitted By: Kristie Peerman, Public Works
Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg.
Public Hearing: No Publication Date:
Information
ISSUE
Review a draft Naming & Recognition Policy, receive briefings on the park bond and a recreation program charter,
discuss the city's future relationship with two sports organizations—Southside Soccer Club and Tigard Little League.
STAFF RECOMMENDATION / ACTION REQUEST
Topic Action Request
Naming & Recognition Policy Staff is seeking council feedback and will place the policy on an
upcoming council agenda for formal consideration.
Briefings on the park bond and a No action needed; this is an informational item.
recreation program charter
City's Future Relationship with Staff is seeking council direction as to whether these two
Southside Soccer Club and organizations should receive sports field scheduling preference over
Tigard Little League other Tigard- based, non -profit sports leagues benefiting Tigard
youth.
KEY FACTS AND INFORMATION SUMMARY
Naming and Recognition Policy
Staff last visited with council on this matter at its June 26, 2012, study session. Staff received input from councilors as
to how they would like the policy to be structured. Staff then developed the attached policy based on the council's
feedback and direction. Key elements include:
• Establishes the council as the decision maker for naming key city features, buildings and parks.
• Provides clear processes for consideration of city- initiated and non - city - initiated requests to name (or rename)
key city features, buildings and parks.
• Provides clarity as to how naming requests for properties, including parks, will be handled during the acquisition
process.
• Provides dear processes for considering requests to install recognition items, such as benches, picnic tables, trees
and shrubs on city property.
Staff and council received a letter from Mr. Edward Heintz, dated March 18, 2013, requesting the future park on the
recently- purchased Bagan property to be named after John Peter Bagan, who was the previous owner of the land. Staff
will demonstrate how the draft policy would be used to address this request.
Park Bond Update
Public Works Manager Steve Martin will provide an update as to funds spent to date on acquisitions and park property
development. The update will also include the status of pending property acquisitions and spending related to the
downtown area.
Recreation Program Charter
Staff will discuss the attached charter document which describes the work that will be done to address the pilot
recreation goal.
Relationship with Southside Soccer Club and Tigard Little League
The purpose of this discussion with council is to seek guidance on the following policy question:
"Should the city give sports field scheduling preference to Southside Soccer Club and Tigard Little
League, over other Tigard- based, non -profit sport leagues /clubs benefiting Tigard youth ?"
The city entered into an agreement with the Atfalati Recreation District (ARD) in 1998 to help purchase additional land
adjacent to Cook Park. At that time, Southside Soccer Club (SSC) and Tigard Little League (TLL) were the only
members of ARD. The new property enabled the development of additional soccer and baseball fields. ARD agreed
to pay half the cost of the property, and an initial agreement was set up with provisions granting ARD preference to all
Cook Park sport fields during the life of the agreement. The agreement and payment schedule has been amended
multiple times and final payments by TTL and SSC are due October 1, 2013.
Staff will provide information to council to assist them in answering the policy question, as follows:
• Usage rights enjoyed by both TTL and SSC during the life of the current agreement
• Discussions conducted with SSC and TLL as to why the present agreement should be terminated and how to
conduct business after October 1, 2013.
• Tigard Municipal Code (TMC) provisions give the city has first priority regarding the use of park facilities. The
TMC assigns second priority to "Tigard -based non profits benefiting Tigard youth, including but not limited to,
Tigard- Tualatin School District 23J, Tigard Little League, and Southside Soccer Club."
• Present day demand for sport fields.
• Operational considerations for park maintenance, including the present park usage fee structure versus
maintenance costs.
OTHER ALTERNATIVES
Not applicable
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
None
DATES OF PREVIOUS COUNCIL CONSIDERATION
The council discussed the naming policy at its June 26, 2012, meeting.
The council receives regular updates on the park bond. The most recent update, a Parks Bond Program Report, was
provided via the council's April 4, 2013, newsletter.
The council has had several discussions related to a city recreation program. The last such discussion took place at the
November 27, 2012, council meeting.
This is the first time the council has discussed the city's future relationship with TLL and SSC.
Attachments
Naming & Recognition Policy Draft
Bagan Naming Request Letter
Parks Bond Program Reoort
Park Bond Expenditure Charts
Recreation Program Charter
City of Tigard
■ Naming & Recognition Policy
TIGARn June 2013
A. Purpose
The purpose of this policy is to provide consistent standards and procedures to:
• Name city key features, buildings and property.
• Install items on city property to recognize an individual, group or event.
B. Naming Criteria for City Key Features, (such as open -air shelters, sports fields,
gardens, rooms, trails, etc.), Buildings and Existing Property, Including Parks
1. All requests to name city key features, buildings and existing property must be
reviewed by the parks manager and approved by formal action of the City Council.
2. To assist the public in identifying and locating key features, buildings and property,
proposed names should be descriptive in nature or should contain a descriptive
element, such as the Fanno Creek House, Dirksen Nature Park, Woodruff Bridge or John
Anderson Baseball Fields.
3. Proposed names shall recognize one or more of the following:
- A physical, historical, or unique characteristic of the key feature, building or
existing property.
- An event that had a significant impact to the city.
- An individual or individuals, living or dead (memorial), who made a significant
contribution to the city, either historically, financially or through civic duty.
- A group or groups that made a significant contribution to the city, either
historically, financially or through civic duty.
- A property owner(s) who donates or sells property to the city.
C. City- Initiated Requests to Name City Key Features, (such as open -air shelters,
sports fields, gardens, rooms, trails, etc.), Buildings and Existing Property,
Including Parks
1. The process to consider a city - initiated request is as follows:
a. A city councilor or designee, city board or committee, or city staff member, "City
Requestee," interested in naming a key feature, building or property must submit
a written request— including specific information as to the purpose, proposed
location (if applicable) and significance of the name —to the parks manager.
b. The parks manager will prepare a recommendation, including a cost estimate to
implement the name.
c. The request and recommendation will be placed on a council agenda for informal
discussion by the City Council.
d. At the discussion the council will either:
- Direct the parks manager to prepare a resolution to formally adopt the name.
If applicable, staff will assist the council in identifying and selecting a city
funding source to implement the name.
- Determine that a majority of the city councilors do not support the name, and
the request will not move forward.
e. With council support, a resolution naming the feature, building or property will
come before council for formal action.
f. If the resolution is adopted, the parks manager will implement the name.
C. Non - City - Initiated Requests to Name City Key Features, (such as open -air
shelters, sports fields, gardens, rooms, trails, etc.), Buildings and Existing
Property, Including Parks
1. The process to consider a non - city - initiated request is as follows:
a. An individual or organization, "Requestee," interested in naming a key feature,
building or property must submit a written request — including specific
information as to the purpose, proposed location (if applicable) and significance
of the name —to the parks manager at the following address:
Parks Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
b. When applicable, and if the name is intended to recognize an individual(s),
group(s) or event, the parks manager will attempt to verify that the recognition is
acceptable to the individual(s), group(s) or event, or the appropriate representative
of the individual(s), group(s) or event.
c. The parks manager will review the request and prepare a recommendation and
cost estimate to implement the name.
d. The request and recommendation will be placed on a council agenda for informal
discussion by the City Council.
e. At the discussion the council will either:
- Direct the parks manager to prepare a resolution to formally adopt the name.
Under this option, the council will also need to determine whether the
Requestee or the city will be financially responsible for the costs to implement
the name, including a plaque or signage (if desired.) If the city assumes the
costs, staff will assist the council in identifying and selecting a city funding
source to implement the name.
- Determine that a majority of the city councilors do not support the name, and
the request will not move forward.
f. With council support, a resolution naming the feature, building or property will
come before council for formal action.
g. If the resolution is adopted, the parks manager will work with the Requestee to
implement the name.
D. Changing the Name of City Key Features, (such as open -air shelters, sports fields,
gardens, rooms, trails, etc.), Buildings and Existing Property, Including Parks
1. Irrespective of how the existing name was initiated or funded (city /non - city), the City
Council has the authority to change the name of any city key feature, building or
property.
2. The process to change the name of a previously named key feature, building or
property is as follows:
a. A city councilor or designee, city board or committee, or city staff member, "City
Requestee," interested in changing the name of a key feature, building or property
must submit a written request including specific information as to why the
name should be changed and the purpose and significance of the new name —to
the parks manager.
b. The parks manager will prepare a recommendation, including a cost estimate to
implement the name change.
c. The request and recommendation will be placed on a council agenda for informal
discussion by the City Council.
d. At the discussion, the council will either:
- Direct the parks manager to prepare a resolution to formally change the name;
if applicable, staff will assist the council in identifying and selecting a city
funding source to implement the name change.
- Determine that a majority of the city councilors do not support the name
change, and the name will not be changed.
e. With council support, a resolution changing the name will come before council
for formal action.
f. If the resolution is adopted, the parks manager will implement the name change.
E. Naming Requests for Properties under Acquisition, Including Parks
1. For tracking and record keeping purposes, the City Council recognizes it is preferable
to name a property early in the acquisition process, typically as a part of the real
property transaction discussed in executive session.
2. The city's Property Acquisition Workbook acknowledges that naming rights are
frequently desired by those selling property to the city. After consulting council, staff
may use naming rights as a non - monetary negotiation tool when attempting to
purchase property.
3. During acquisition, the process to name a property is as follows:
a. The parks manager will prepare a list of potential names for council consideration.
The names will be generated by city staff involved in the acquisition and —when
feasible as part of an executive session discussion on real property transactions —
by:
- The Park and Recreation Advisory Board (for park and open space
properties).
- The City Center Development Agency (for Downtown or urban renewal
properties).
- Other appropriate city agencies, boards or committees that play a role in the
acquisition of city property.
b. In correspondence or as part of the City Council's executive session discussion on
real property transactions to purchase the property, the parks manager will
provide the council with a list of potential names developed under this section.
City councilors may also propose names for the property.
c. During the City Council's executive session discussion on real property
transactions to purchase the property, the City Council will direct staff to
incorporate a property name into the purchase agreement (or comparable
document).
d. The council will take formal action on the name when it takes action on the
purchase agreement (or comparable document) at a council business meeting.
e. If the purchase agreement (or comparable document) is approved by council, the
parks manager will implement the name.
F. City Key Features City - Initiated Requests to Install Recognition Items, (such as
benches, picnic tables, trees and shrubs)
1. The process to consider a city - initiated request is as follows:
a. A city councilor or designee, city board or committee, or city staff member, "City
Requestee," interested in having the city install an item must submit a written
request — including specific information as to the purpose, proposed location,
significance and type of item requested —to the parks manager.
b. The parks manager will prepare a recommendation, including a cost estimate to
purchase and install the item.
c. The request and recommendation will be placed on a council agenda for informal
discussion by the City Council.
d. At the discussion, the City Council will either:
- Direct the parks manager to install the item on behalf of the city. (No formal
council action required.) If applicable, staff will assist the council in identifying
and selecting a city funding source.
- Determine that a majority of the councilors do not support the request, and
the item will not be installed.
e. If so directed, the parks manager will install the item.
G. Non -City- Initiated Requests to Install Recognition Items (such as benches,
picnic tables, trees and shrubs)
1. All items installed on city property must be approved in advance by the parks
manager. The parks manager has sole discretion regarding the approval of the
installation of all items submitted under this section.
2. The process to consider a non - city - initiated request is as follows:
a. An individual or organization, "Requestee," interested in installing an item must
submit a written request — including specific information as to the purpose,
proposed location, significance and type of item requested —to the parks manager
at the following address:
Parks Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
b. When applicable, and if the item is intended to recognize an individual(s),
group(s) or event, the parks manager will attempt to verify that the recognition is
acceptable to the individual(s), group(s) or event, or the appropriate representative
of the individual(s), group(s) or event.
c. The parks manager will review and approve or decline the request.
d. If the request is approved, the parks manager will:
- Notify the Requestee.
- Collect payment from the Requestee to purchase and install the item. Requestees
are financially responsible for all costs associated the item, including a
recognition plaque (if desired). Specific information on plaques is outlined
below.
- Will work with the Requestee to install the item.
e. If the request is declined, the parks manager will attempt work with the Requestee
to amend the request so it is acceptable to both parties. If no agreement can be
reached, the item will not be installed.
3. The parks manager will allow the following types of items:
a. Benches must be contoured style or another approved style, designed for
outdoor use and constructed of materials approved by the parks manager. Once
approved, benches must be purchased through a Parks Division - approved
manufacturer. A brass or bronze plaque, no larger than 2 1 /2 x 6 inches, may be
affixed to the bench.
b. Picnic Tables must be an approved style, designed for outdoor use and
constructed of materials approved by the parks manager. Once approved, tables
must be purchased through a Parks Division - approved manufacturer. A brass or
bronze plaque, no larger than 2 1 /2 x 6 inches, may be affixed to the table.
c. Trees and Shrubs must be a size and species approved by the parks manager.
Plaques for trees and shrubs:
- Must be made of bronze.
- Can be no larger than 8 1 /2 x 11 inches.
- Cannot be free standing, but must be affixed to a concrete, aggregate rock or
boulder foundation. The parks manager will review the design of the proposed
plaque and foundation and can provide examples of acceptable plaques.
4. The installation of other types of comparable items, (other than those specifically
mentioned listed in this section), may be proposed by the Requestee and will be
considered by parks manager.
5. The parks manager may alter the proposed location of the item to ensure ease of
maintenance and to prevent conflicts with other park features.
CL
Edward Heintz `'�' ` �" «t� OS
c1►�,� c4
• 12120 S.W. 116`" Avenue, Tigard, OR 97223 • Phone: 503.590.1640 3 / f a 01
March 18 2013 SUPPLEM NTAL PACKET
FOR - 1 ,
City of Tigard, Public Works (DATE OF MEETING)
City Council Members
Dear Tigard City Council: ' �)- 14, ja.vrt
�J
The recent acquisition of the 2.9 acre property located south of Highway 217 on Greenburg Road affords the city of
. Tigard the opportunity to honor the man who lived on this land for over 60 years. The purpose of this letter is to
request that this future neighborhood park be named appropriately after John Peter Bagan.
John Peter Bagan was born August 19 1924 and passed away on August 10` 2006. John served in the United
States Army during World War II. He lost his leg in France during the war and was awarded a Purple Heart for his
service and sacrifice. His prosthetic leg was a fascination to the children of family and friends, who would often
give a quick "knock" to his leg to rediscover which was one was real and which one was not.
Mr. Bagan purchased the property at 10910 S.W. Greenburg Road in 1946 and lived there until his death in 2006.
In the early years, Mr. Bagan tended to his father who lived with him on the property. His father, John Peter Bagan
was a veteran of World War I.
On the Greenburg Road property, John raised golden and ring neck pheasants. He was also granted a federal
permit to raise Canadian geese. The goats on the property were his "lawn mowers" in his later life and were only
part of the menagerie of animals that lived on the property at various times in those 60 years. John's collection of
animals included exotic birds, ducks, geese, catfish, chickens, rabbits, crawfish, sheep, cats, and goats. The
assortment of animals found on the property and in John's pond provided enjoyment and memories for the children
of John's family and friends.
John Peter Bagan is buried next to his father at St. Anthony's Cemetery on Gaarde Street.
John Bagan lived for 60 years at what is now slated to become a city park. He was one of the oldest residents of
Tigard and Greenburg Road, but more importantly, he was also a memorable character, cherished by those who
knew him. Honoring his memory by naming this park after him only seems appropriate.
Sincerely,
Edward Heintz (-
Former resident of 11070 S.W. Greenburg Road and John Bagan's friend and neighbor
111 II
City of Tigard
T I GARD Public Works Department
Parks Division
Parks Bond Program Report
June 2013
PROGRAM SNAPSHOT
The city adopted its Park System Master Plan in 2009, which outlined the need to acquire park
property and construct park improvements to preserve open spaces, enhance water quality and
provide recreational opportunities. On November 2, 2010, Tigard voters passed a $17 million
general obligation bond to fund the purchase of real property for parks and to fund a limited
amount of park improvements.
To date, the city has acquired over 108 acres of new park and open space land and has spent
approximately $12.5 million of the bond. The remaining funds will be used for additional park and
open space acquisitions and to construct various park improvements, like picnic shelters,
playgrounds, trails, sport fields and restrooms.
PROGRAM MILESTONES
The following list identifies the major milestones completed for the parks bond program.
• Completed acquisitions of Summer Creek, Sunrise, Potso, Paull and Eiswerth properties,
Fields property and the Bagan property — adding over 108 acres to the city's parkland
inventory and leveraging bond resources with over $6 million of grant and local agency
contributions to the program.
• Prepared Project Charters for East Butte Heritage Park, Jack Park, Fanno Creek House,
Dirksen Nature Park (Summer Creek property), East Bull Mountain (Paull /Eiswerth)
properties and the Sunrise property to define project scopes, milestones and site conditions
and constraints affecting design and permitting.
• Completed conceptual park master plans for East Butte Heritage Park, Jack Park, Fanno
Creek House, Dirksen Nature Park and the Fields property.
• Initiated the conceptual master plans for the Sunrise and the East Bull Mountain properties.
• Obtained Conditional Use Permit approval for East Butte Heritage Park from city planning.
• Obtained land use permit approval for the Fanno Creek House from city planning.
• Obtained land use permit approval for the Jack Park addition from city planning.
• Initiated design development and land use and environmental permitting review for the
Dirksen Nature Park.
• Awarded construction contract and hosted a groundbreaking ceremony for East Butte
Heritage Park.
May 30, 2013 Page 1 of 6
Parks Division
Parks Bond: Program Update
STATUS OF WORK IN- PROGRESS
The following summarizes the key tasks associated with the major projects for the parks bond.
East Butte Heritage Park: At its April 9 meeting, City Council awarded the construction contract
for East Butte Heritage Park to DaNeal Construction. Contracting and project bonding commenced
immediately thereafter, and a Notice to Proceed was issued on April 23. The contractor has started
the project, and construction is underway and will be completed in late July. Improvements will
include a restroom, picnic shelter, playground, pathways, landscaping, bicycle racks and site signage.
On April 25, the mayor, PRAB members and community members officially broke ground on the
project with a celebration at the park site. Web page:
www.tigard - or.gov /community /parks /east butte heritage park.asp
Fanno Creek House: An invitation to bid was publicized on April 24 for the Fanno Creek House
site improvements. On May 15 the city received four bids for the project, and the lowest responsible
bidder's total was $135,000. Staff will present the recommendation of award to the Tigard Local
Contract Review Board (City Council) at its June 11 meeting. Following approval of the bid and
contracting, site improvements could start in early July and be completed in late summer. Site
improvements will include upgrading or re- paving parking areas, addressing emergency response
vehicle access, addressing tree and landscaping installation, and adding bicycle racks and site signage.
Web page: www.tigard- or.gov /community /parks /fanno creek house.asp
Jack Park: Staff has reviewed the final 100 - percent construction drawings, the preparation of bid
documents is underway. An invitation to bid for the Jack Park addition is tentatively scheduled for
the first week of June, with bid opening to follow two weeks later. If satisfactory bids are received,
staff will present the recommendation of award to the Tigard Local Contract Review Board (City
Council) at its July 9 meeting. A contract with Western Wood Structures of Tualatin has been
finalized for the design, construction and delivery of a 110 -foot wooden truss bridge to span
Krueger Creek and localized wetlands on the property. The delivery of the bridge to the park
property is expected by mid July to coincide with the commencement of park improvements by the
general contractor. Web page: www.tigard- or.gov /community /parks /jack park.asp
Dirksen Nature Park: The conceptual park master plan was completed last year and was approved
by the Park and Recreation Advisory Board. Following a request for a detailed scope of work for
design development, construction drawings and permitting, WHPacific of Portland was selected,
and City Council awarded the contract in February. The park design is being refined for the pending
submittal of land use and environmental permits. The project team has completed an update to the
wetland and natural resource information and is progressing through design development. A public
meeting was held on May 14 at Fowler Middle School to present the current design drawings for the
Dirksen Nature Park. The neighborhood meeting was held in advance of the pending land use
application, as required, to offer residents an opportunity to comment and provide feedback on the
proposed park design. Additionally, a project pre - application conference with Clean Water Services
was held in early April, and the completed application to CWS was submitted in early May.
Regulatory comments from Clean Water Services in the form of a Service Provider Letter are a
requirement of the city's land use application process. The land use permit application will be
submitted by the end of June 2013, and a determination by the Hearings Officer is anticipated in the
fall 2013. Web page: www.tigard - or.gov /community/parks /dirksen nature park.asp
May 30, 2013 Page 2 of 6
Parks Division
Parks Bond: Program Update
East Bull Mountain Property (Paull /Eiswerth): The park concept master planning process
began in the first quarter of 2013 and will define the future development of the site as a
neighborhood park. Following a solicitation for bids in February, Lango Hansen of Portland was
chosen for the project and contracting was finalized in late April. The concept master planning
process will include two community meetings, stakeholder discussions and a detailed site analysis to
consider park improvements such as pathways, shelters, playground, interpretive elements, along
with options for the removal or repurposing of the residential structure. The first of two community
meetings to discuss the conceptual master plan was held on May 23 as part of the standing monthly
meeting of the Friends of East Bull Mountain Park. City staff and the landscape designer discussed
the master planning process and park design options. A second neighborhood meeting may occur in
July to review the updated conceptual park design and seek consensus on the concept master plan.
The completion of the master planning process is expected during the third quarter of 2013.
Web page: www.tigard - or.gov /community /parks /east bull mountain.asp
Sunrise Property: A community -based park master planning process was initiated in December,
and an initial neighborhood meeting was held on February 27 to discuss the conceptual site planning
process for this future park. Project staff and the landscape architect presented potential
development concepts for the park and listened to community input. Also in February, the project
team conducted discussions with six key stakeholders, including the Friends of Bull Mountain and
several sport associations, to explore any specific design concerns or considerations for this
property. A second public meeting was held on April 24, and project staff and the landscape
architect presented a revised conceptual master plan based on resident interest and feedback from
the first meeting. The project team is preparing a summary report, and a conceptual master plan will
be completed by June 2013. Web page: www.tigard - or.gov /community /parks /sunrise.asp
Property Acquisitions:
Due diligence, discovery and negotiations have continued for other high priority park acquisition
sites following City Council's guidance last year to negotiate the purchase of additional properties.
The internal project team continues to work with the Park and Recreation Advisory Board and the
City Center Advisory Commission toward the acquisition of downtown park sites. To date the
acquisition portion of the parks bond program has leveraged $6.05 million of grant and local agency
contributions to the program; this represents a net leveraging of 50 percent of outside resources to
the bond program and an effective 2:1 ratio of bond to outside funding for local acquisitions.
LOOK AHEAD
The following represents scheduled upcoming milestones and activities for park planning and
development projects funded through the 2010 park and open space bond measure.
May 30, 2013 Page 3 of 6
Parks Division
Parks Bond: Program Update
Park Design & Construction
East Butte Heritage Park — Public Works Engineering Project Manager Mike McCarthy
• Construction underway: late -May 2013
• Road frontage improvements: June 2013
• Park restroom and shelter installation: June 2013
• Park site improvements and landscaping: July 2013
Fanno Creek House Site Improvements — Public Works Engineering Project Manager Greg Berry
• Recommendation of bid award to Local Contract Review Board (City Council): early June
2013
• Contracting requirements, construction bonding, and notice to proceed: late June 2013
• Construction commences: early July 2013
Jack Park Addition — Public Works Senior Engineering Technician Jeff Peck
• Invitation to bid publicized: early June 2013
• Bid opening: late June 2013
• Recommendation of bid award to Local Contract Review Board (City Council): early July
2013
• Contracting requirements, construction bonding, and notice to proceed: mid July 2013
• Construction commences: late July 2013
Dirksen Nature Park — Public Works Engineering Project Manager Kim McMillan
• Application for city land use and sensitive lands review permit: early June 2013
• Anticipated land use decision: late October 2013
Supplemental Development Projects
The following small park improvement projects are supplemental to the primary park construction
projects and were recommended by the PRAB. These projects will enhance the city's park system by
providing improved recreational experiences for residents and distributing the improvements to
each section of the city.
Senn Park Land Use Review for Playground Installation
• Conditional use permit application submitted to city: July 2013
• Anticipated land use decision: November 2013
• Playground installation: January 2014
Potso Dog Park Land Use Review for Parking Lot Paving
• Minor modification land use review submitted to city: July 2013
• Anticipated land use decision: August 2013
• Parking lot and stormwater facility installed: November 2013
Potso Dog Park Irrigation
• Request for bids circulated and received: June 2013
• Irrigation installed: July 2013
May 30, 2013 Page 4 of 6
Parks Division
Parks Bond: Program Update
Summerlake Restroom
• Planned start date: July 2013
Commercial Play Structure
• Equipment ordered and received: March 2013
• Equipment installed: Summer 2013
Sunrise Property Concept Master Plan
• Conceptual master plan and report compiled: late May 2013
• Park and Recreation Advisory Board review and approval: June 2013
East Bull Mountain (Paull/Eiswerth) Property Concept Master Plan
• Second community meeting: July 2013
• Conceptual master plan and report compiled: August 2013
• Park and Recreation Advisory Board review and approval: September 2013
PROGRAM BUDGET SUMMARY
A summary budget report and cost accounting information through mid May 2013 are shown on the
following page. Detailed program- and project -level accounting is being used internally to track
expenditures by project, type and source.
i
1 ..
May 30, 2013 Page 5 of 6
Parks Division
Parks Bond: Program Update
Parks Bond: Current Fund Balance & Expenditures
BOND FUND STARTING BALANCE $ 17,116,903
ACQUISITIONS
Bond Allocation - Acquisition (%) 80%
Spent of Acquisition Component 86%
Subtotal $ 11,729,832
Project Name Expenses - to - Date
Dirksen Nature Park $ 3,366,122
Sunrise Park $ 5,003,214
Potso Dog Park $ 630,676
Downtown $ 25,327
Paull Property $ 1,762,043
Eiswerth Property $ 68,239
Fields Property 5 1,012,207
Bagan Property $ 214,690
Misc. Acquisition Work $ 47,314
Sunrise Park (WA Co. transfer in) $ (400,000)
DEVELOPMENT
Bond Allocation - Development (%) 20%
Spent of Development Component 22.1%
Subtotal $ 749,813
Project Name Expenses - to - Date
East Butte Heritage Park $ 163,092
Fanno Creek House (Schaltz) $ 70,806
Dirksen Nature Park $ 103,244
Sunrise Park $ 27,673
Jack Park 5 128,746
Fields Property $ 3,613
East Bull Mountain (Paull / Eiswerth) $ 17,683
Potso Dog Park 5 1,614
Misc. Development Work $ 19,703
Overhead Costs (unallocated) 5 213,639
Total Expenditures to Date $ 12,479,646
Bond Fund Balance $ 4,637,257
May 30, 2013 Page 6 of 6
City of Tigard
Parks Bond Expenditure Forecast
ACQUISITIONS (May 2013)
Cumulative Totals
$14,000,000 -
M ME MO OM >_ — IM M I MO E ME IM I I — MO —
Minimum Acquisition Allotment (80 %) -- $13.6 Million
$12,000,000 -
Spent - to - Date —
$10,000,000 -
$8,000,000 -
$6,000,000 -
$4,000,000 - - —
$2,000,000 -
$- , I I 1 I 1
Dirksen Sunrise Potso E Bull Mtn E Bull Mtn Fields Bagan Downtown Tigard St In Progress
(Summer (Paull) (Eiswerth) (reserved) Trail & Others
Creek) Needed
Acquisition Program
Project Project Cost Spent to Date Cumulative Remaining ill Spent
Spent to Date
Dirksen Nature Park $ 3,366,122 S 3,366,122 $ 3,366,122 $ • Projected
Sunrise $ 4,603,214 $ 4,603,214 $ 7,969,336 $ -
Potso $ 630,676 $ 630,676 $ 8,600,012 $ -
E Bull Mtn (Paull) $ 1,762,043 $ 1,762,043 $ 10,362,055 $ -
E Bull Mtn ( Eiswerth) $ 68,239 $ 68,239 $ 10,430,294 $ -
Fields $ 1,012,207 $ 1,012,207 $ 11,442,501 $ -
Bagan $ 214,690 $ 214,690 $ 11,657,192 $ -
Downtown (reserved) $ 1,360,000 $ 25,327 $ 11,682,518 $ 1,334,673 NOTES:
Tigard St Trail 1) Project costs for in- progress and
g $ 25,000 $ 3,188 $ 11,685,706 $ 21,812
pending acquisitions are estimated.
In Progress Et Miscellaneous $ 310,000 $ 44,126 $ 11,729,832 $ 265,874
2) Additional contribution of $1
Other - Needed $ 340,000 $ - $ 11,729,832 $ 340,000 million provided by Park SDCs
TOTALS $ 13,692,192 $ 1,962,360 (Fields).
City of Tigard
Parks Bond Expenditure Forecast
DEVELOPMENT (May 2013)
$4,500,000 Possible Cumulative Totals
$4,000,000 I Spent
III Projected
$3,500,000
I m I — mir mm
Development Allotment (20 %) -- $3.4 Million
$3,000,000
$2,500,000
- -
$2,000,000 -
$1,500,000 -
$1,000,000 -
Spent Date
$500,000 - - --
$-
Overhead Jack Park Fanno Creek East Butte Dirksen Nature Fanno Creek Supplemental Downtown
House Heritage Park Park Trail Projects
Development Program
Site Construction Cumulative Cumulative
Earmark Set -Aside Spent to Date
Overhead $ 500,000 $ 500,000 $ 423,858
* Jack Park $ 432,000 $ 932,000 $ 573,741
* Fanno Creek House $ 187,200 $ 1,119,200 $ 628,709
East Butte Heritage Park $ 521,000 $ 1,640,200 $ 1,117,287
Dirksen Nature Park $ 757,000 $ 2,397,200 $ 1,614,116
* Fanno Creek Trail $ 100,000 $ 2,497,200 $ 1,622,743
Supplemental Projects $ 520,000 $ 3,017,200 $ 1,712,351
Downtown (reserved) $ 340,000 $ 3,357,200 $ 1,712,850
Misc. Development $ - $ 3,357,200 $ 1,719,375
Maximum $ 3,400,000
Spent to Date $ 749,813
Encumbered $ 969,562
Cumulative to Date $ 1,719,375
As Percentage of 20% Maximum for Development 50.2%
NOTES:
* Contract pending by July
1) Project construction costs represent recommended PRAB allocations.
City of Tigard
Parks Bond Expenditure Forecast
DEVELOPMENT (May 2013)
Supplemental Development Projects
Project Description Project Cost Cumulative Spent to Date Encumbered Cumulative
Set -Aside Spent to Date
SummerLake Restroom $ 105,000 $ 105,000 $ -
✓ Commercial Play Structure $ 13,000 $ 118,000 $ 9,857
$ 9,857
Potso Parking $ 37,000 $ 155,000
$ 9,857
* Potso Irrigation $ 50,000 $ 205,000
$ 9,857
Pathfinder Play Structure $ 35,000 $ 240,000
$ 9,857
✓ Sunrise Concept Master Plan $ 50,000 $ 290,000 $ 19,951 $ 18,430 $ 48,238
✓ E Bull Mountain Concept Master plan $ 45,000 $ 335,000 $ 11,520 $ 29,850 $ 89,608
* Senn Park Structure $ 50,000 $ 385,000
$ 89,608
Metzger School Park Facilities $ 135,000 $ 520,000 $ 89,608
NOTES:
✓ Substantialy completed
* Contract pending by July
• i
T I GARD
TO: Dennis Koellermeier, Public Works Director
FROM: Brian Rager, Assistant Public Works Director
RE: Task Charter: Evaluation of a Recreation Program
DATE: June 5, 2013
Purpose of Evaluation
Based on multiple public inputs, questions and information provided to the city over the
course of several years, staff recommends that a comprehensive analysis be completed by an
outside consultant that would provide the necessary information for staff to make a
recommendation to the council regarding the following questions:
1. What role should the city play in providing recreation programs?
2. If the city were to provide recreation programs, should those programs be
operated under a cost recovery model? Should a partial subsidy be
considered?
Background
The city currently does not fund a centralized "recreation program" within the city
organization, and has over the course of many years pondered questions related to
recreational needs in Tigard and what role, if any, the city should play in providing recreation
programs where gaps are noted. While the city does not have a centralized program, various
departments within the city provide (or have provided) certain programs that could be
considered "recreation" by nature:
Library
Offering Status
Computer classes On -going
Special guest speakers or presenters (Reptile Man, authors, On -going
poets, etc)
Workshops and classes by local vendors (travel, art, etc) On -going
Task Charter: Evaluation of Recreation Program Page 1 of 7
Movie Nights On -going
Concerts On -going
Police
Offering Status
Drug Abuse Resistance Education (DARE) Program — On -going
reached 900 students per year.
Gang Resistance Education and Training (GREAT) Programs: On -going
• School program — reaches over 950 middle school and
200 elementary school students.
• After - school program — Over 800 students attended
GREAT Summer Camp — 500 students attended in 2011 Eliminated in 2010 budget
cuts
Women's self - defense classes Eliminated in 2010 budget
reductions
Peer Court On -going
Youth Advisory Council On -going
Public Works
Offering Status
Athletic field rentals On -going
Annual Balloon Festival support On -going
Community gardens support /coordination On -going
Special use permits issued for group activities and events, On- going /limited
many actively seeking city co- sponsorship (fun runs, walks,
tours, dog park events, skate park events, tournaments, etc.)
Environmental Education: The City has a $30,000 /yr. Ongoing
contract with the Tualatin Riverkeepers to provide classroom
field trips during the school year and weeklong summer camps
for youth at the Dirksen Nature Park. This program is to meet
Grant requirements for the Park property purchase.
City Administration
Offering Status
Family Fest support Eliminated in 2010 budget
reductions
Events Coordination — included a full -time employee. Eliminated in 2010 budget
reductions
In 2011, the Community Attitudes Survey showed the following community interest:
Task Charter: Evaluation of Recreation Program Page 2 of 7
• 34% of telephone respondents and 35% of internet respondents said the city should
provide a monthly catalog of recreational and leisure activities and coordinate a
limited number of activities.
• 28% of telephone respondents and 17% of internet respondents said the city should
provide a monthly catalog of activities, coordinate a limited number of activities, and
schedule athletic fields and facilities.
• 20% of telephone respondents and 29% of internet respondents said the city should
be a full service provider of recreation and leisure activities. This could include
cataloging activities, coordinating and scheduling a full range of activities from youth
leagues to festivals, hosting events and festivities, and acquiring the necessary
facilities, fields, and buildings.
• In summary, 79% of respondents think the city should have some role in recreation;
most respondents preferred a limited role.
Council Goals and Priorities
The City Council created a 2012 goal related to recreation as follows:
"Evaluate options and resources to create a pilot recreation program:
• Inventory existing city and community recreational programs, facilities and
resources.
• Create recreational opportunities by partnering with the school district and other
agencies or groups.
• Identify funding options aligning with the recreational programming demand."
Staff continues to work with Tigard - Tualatin School District (TTSD) related to partnership
opportunities that might help to enhance recreational offerings in Tigard. One such
opportunity that has gained some ground is to enhance /improve an open field area at
Metzger Elementary School. A full-size play field suitable for soccer can be developed there
which would add to the inventory of playable fields.
In 2013, the City Council established six -month priorities for 2013 which included:
• Evaluate options and resources to create a pilot recreation program (2nd and 3rd Qtr)
o Use recreation inventory to match with program demands /service gaps.
o Determine options for future programming (including partnerships).
The FY 12/13 budget included a $60,000 allocation to pursue council's goal. Staff has
completed a database inventory of recreation offerings within and near Tigard's boundaries.
That Recreation Resource Guide was rolled out for public use in late February 2013 and was
publicized in the March edition of Cityscape. On -going maintenance of this tool is required,
as information from vendors and providers will change constantly.
Task Charter: Evaluation of Recreation Program Page 3 of 7
PRAB Participation and Goals
The Park and Recreation Advisory Board (PRAB) has expressed strong interest in the city
pursuing a more robust recreation program within the city's organization and made a strong
recommendation to the City Council in November 2011 to include a community
recreation /activities program in the FY 12/13 budget.
The PRAB has been presented with various questions and opportunities in the last year that
further the need to answer the questions listed at the beginning of this document. One
recent example is a Tigard resident who has made multiple presentations to the PRAB
regarding the YMCA, including recommendations for conducting a feasibility study as to
whether a YMCA would fill a needed role in programming. The YMCA has indicated to the
city that it can work with cities to conduct comprehensive studies. These YMCA- specific
feasibility studies typically cost between $22,000 and $25,000.
The PRAB recently established their 2013 goals, which included the following:
• Continue to pursue a citywide recreation program and promote the online inventory
of current citywide recreation offerings.
• Research alternatives for park and recreation funding and partnerships for 2013 -2014
and beyond. This particular goal ties in well with recent recommendations from the
Mayor's Blue Ribbon Task Force.
The PRAB provided staff with further direction toward the funding and partnerships goal in
that they would like to see staff conduct a broad - scoped study that would use the data from
the inventory to determine service gaps and explore various ways the gaps could be filled.
They would like to see an online survey conducted to gain input from the citizens and would
like the study to be open to all potential solutions, not just a YMCA.
Proposed Scope for Evaluation
Based on council and PRAB direction, the following elements are recommended to be
included in a scope of work for this evaluation:
• Analyze inventory:
o Determine range of services and programs provided.
o Are services being used?
o Does the Recreation Resource Guide provide enough benefit alone?
• Gap analysis:
o Use the Recreation Resource Guide as the baseline inventory.
o Conduct a public survey. May need to be separate from the pending 2013
Community Attitudes Survey, based on timing.
o What programs, services and facility features are most in demand among
prospective participants?
o What opportunities exist for minimal city expense, and maximum citizen
benefit?
Task Charter: Evaluation of Recreation Program Page 4 of 7
o What is the right delivery solution to fill the gaps?
• Recreation Center?
• Higher use of Rec Finder tool?
• Some programs provided by city?
• Programs by others?
• Some combination?
o Who should deliver the solution(s)?
• City?
• Public /private partnership?
• Private provider?
• Cost analysis:
o Given survey results, how much are participants willing to pay?
o What is likely subsidy level for the city?
Important Criteria to Consider
• Must satisfy the council's six -month priority.
• Must address PRAB's 2013 goals.
• Must clearly answer the primary questions:
o What role should the city play in providing recreation programs?
o If the city were to provide recreation programs, should those programs be
operated under a cost recovery model? Should a partial subsidy be
considered?
• Must also address the following secondary questions:
o Is there a need for a centralized recreation center?
• If yes, should the center be operated by the city or by a private entity?
o Should the city consider a partial subsidy for a program?
• If so, how much?
• If so, what is the funding source?
Successful Outcomes
This evaluation will be considered a success when the following outcomes are met:
• Council will be presented with adequate costs analyses and data that answer the
questions listed above, thereby making their decision less subjective.
Stakeholders
External Stakeholders
• Public customers (residents and non - residents)
• Private recreation service providers
• Business organizations
Task Charter: Evaluation of Recreation Program Page 5 of 7
Internal Stakeholders
• City Council
• City manager's office
• Public works director and department staff
• Library director and staff
• Police chief and staff
Evaluation Team
In order for this evaluation to reach successful outcomes, an interdepartmental team should
be formed to ensure that pertinent facets of the organization are represented and considered:
• Brian Rager Public Works (Chair)
• Steve Martin Public Works (Project Manager)
• Greer Gaston Public Works
• Liz Newton City Administration
• Molly Carlisle Library
• Jim deSully Police
• Debbie Smith -Wagar Finance
• Troy Mears PRAB
• Marc Woodard Council
Citi <en and community advisory groups
• PRAB
General Public Involvement
The evaluation team will develop a communications plan for this effort, which will include
all opportunities to request and receive public input.
Estimated Cost of Evaluation and Schedule
Stage Start Date Finish Date Estimated Cost
Feasibility scope 3/1/2013 6/5/2013 $2,000
development (staff time)
Solicitation (RFP, RFQ, 6/15/2013 7/15/2013 $3,000
etc)
Feasibility Study 8/1/2013 10/30/2013 $45,000
development
Total / Overall $50,000
Task Charter: Evaluation of Recreation Program Page 6 of 7
Funding for Evaluation
Sources Estimated Amount or Percentage
Park Division Budget (from $60,000 total $50,000
appropriation in FY 14 budget for pilot
recreation program)
Total $50,000
Evalua ' en Charter Approval:
IMO/
Pules orks Director
L AA•44;ea j
City Manager
Financ ( irector
Task Charter: Evaluation of Recreation Program Page 7 of 7
/ 4 , 7W V
gt-t /em
6 Jl it /o i3
Document Timeline
Agreement Between City of Tigard and Tigard Little League/Southside Soccer
February 2, 1998
Original Atfalati Recreation District/City of Tigard Agreement
This is the original agreement that addresses the purchase of the land and how the groups will work together.
April 22, 2003
Amendment
This filled in details on how the newly- planned concession building would be handled - the 1998 agreement had
only briefly touched on it because it wasn't planned at that time and it was in 2003 that they moved forward with
the building.
April 22, 2003
Amendment 2
This was a separate document that laid out the new, combined payment schedule for the purchase of the property
(that had started in 1998) and the new payments that were for the concessions building.
May 12, 2010
Amendment 3
This document amended Section 15 (Termination) and Section 4 (Goals). It also acknowledges the dissolution of
ARD and assigns the rights of the agreement to TLUSSC.
February 21, 2013
CoT- TLUSSC Meeting Notes
These are meeting minutes that the City provided after a meeting this February.
March 6, 2013
CoT Notice of Termination Letter
This is the letter officially stating that the City wants to terminate the agreement.
May 2, 2013
TLL -SSC Response to CoT Letter
This is TLUSSC's response to the City's Notice of Termination letter.
June 3, 2013
CoT Letter of Response
This is the City's response to our letter dated 5/2/13.
June 11,2013
Kim Kelleher Speech / Discussion Points
For reference purposes, the speech made at the 6/11/13 City Council Business Meeting and discussion points
created by TLUSSC.
EX_IBIT A
T I AD CITY ORDINANCE. t 98- J
AGREErNT
The City of Tigard, an Oregon municipal corporation ( "City "). has purchased real property
defined as the GrayiLamb Cook Park Addition ("Property ") as more 7articularly described in the
attached Exhibit "A ". for the sum of $300,000 and the Atfalati Recreanon District, Inc.. an Oregon
non -profit corporation CARD"), will be contributing the sum of S150.000 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
[TLLJ) have an arrangement at present whereby TSC and TLL have priority during wring 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 TLL will continue to have priority on the existing
ball fields and soccer fields during the development of the
ProPertY- Tie 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 purpos 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 desiraNe 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 shell be due on May 1 of each
year tnntil 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 «ill 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 1 Revised Cook
Park Master Plan ( "Plan") has been subsranrially 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 availmble from various
sources. The Committee shall develop guidelines for use, scheduling, and maintenance of the
Property. Tigard's Department of Public Works shall be responsible for maintenance of the
facilities.
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 im 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 as the July 4 celebration and Tigard Festival of Balloons.
b. To provide additional soccer and basebalUsoftball fields for TSC and TLL
and other Tigard based youth and adult soccer and baseball/softball Ieagues
as well as providing 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 first five goals with limited taxpayer money, but working
with the City to share parking, utilities, and combining the strengths 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 - AGREEMENT
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 leaggues; i.e. playing
fields and parking (a percentage to be determined), and snack shacks (and the piayaround 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 higher level of maintenance on the sports fields and related facilities than the City is providing,
then ARD may either provide such maintenance (with approval of the City) and be responsible for
the cost, or it may negotiate these services and costs on an annual basis with the City.
8. Maintenance and Repair of Facilities. During the recognized TSC and TLL,
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 shill be responsible for lining all sports
fields. Whether fields are suitable for play on a day- to-da■ 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 liner 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 6elc .
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 TLL recognized seasons. The City shall approve the type and
placement of any improvement, including a snack shack, and shall receive funds to cover the cost
of electricity to service the snack shack or actual cost as determined each year by the City's Public
Works Director. All improvements to the Property shall be constructed consistent with all local
and state legal requirements. Any improvement is the property of the City. Upon completion of
the Plan, the City shall adopt a financial plan to fund its obligations under this Agreement.
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 activities during_ the appropriate recognized TSC and
TLL 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 desiring to use the
Page 6 - AGREEMENT
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 and 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, including bodily
injury, property damage, and personal injury insurance, covering ARD's and/or its member
league's sponsored activities on the Property during the recognized sports seasons. This insurance
shall cover all claims which might arise from operations and activities under this Agreement or
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 shall contain provisions that such policy shall not be canceled or their limits of
liability reduced without thirty (30) days prior written notice to the City Risk Manager. ARID
Page 7 - AGREEMENT
and /or its member league shall provide the City with Certificates of Insuran.:: in a form satisfactory
to the City certifying the issuance of such insurance. The Certificates shat. be forwarded to: Risk
Manager, City of Tigard, 13125 SW Hall Blvd.., Tigard. Oregon, 97223. :Jch certificates must be
delivered prior to commencement of the terms of this Agreement.
The procuring of such required insurance shall not be construed to limit ARD's and /or its
member league's liability hereunder. Notwithstanding said insurance, ARD and/or its member
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, I'LL, neighbors and others have participated as members of the Cook
Park Task Force. Through their efforts, and that of a consultant, the Plait 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 in 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 (10)
year anniversary thereafter, ARD and City shall conduct a mutual review of this Agreement and
modify or terminate the Agreement if both parties determine that such a modification or termination
Page 8 - AGREEMENT
is in the public interest. If at any time the Agreement is terminated and the property remain;
available for active recreational use by ARD, or the Property becomes unusable for recreation)
purposes, then no remuneration is required for either party. If at any time the Agreement
terminated and the Property will be unavailable for ARD use as outlined in this Agreement, the
the City will either dispose of the Property or provide ARID with a replacement facility equal to or
better than the Property. If a disposition of the Property occurs, the proceeds of the disposition
shall be split 50 per cent to the City and 50 per cent to ARD or its successors (after deduction of tlx
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 opportunir:
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 the 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 status, disability, or
political affiliation.
20. hor to Execute Asreement. 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. caNi
f Lnan my /0=P
DATED this -2 D day of-August-199T:
CITY OF TIGARD ATF agi REC '" t.: DIS , INC.
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Page 10 - AGREEMENT
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•
•
EKEIBIT "B" -
-o 15 -2 agreement to Mediae
•
AGREEMENT T:. MEDIATE
This is an A
9= eement between (*J and
hereinafter the • mediator, • to enter �'l and �.�
into mediation with
intent of resolving e
ng the following issues: P) •
The parties and the mediator understand and agree a
follows: s
1. Nature of Mediation
•
The Parties hereby appoint and retain Ni as
mediator . f'or their negotiations. The parties ' u derst
mediation is an agreement-reaching mad that
process'in which the mediator
ar-Tists parties to
reach agreement in a collabo
consensual =alive,
• and informed manner. It is understood that the •
mediator has no mower to decide
disputed issues for r- .
The Pa'' pies understand � = a- pies -
that mediation is not a substitute for
independent , legal advice. The parties are encouraged
such advice throughout 5 d to secure
the mediation process and are stron
advised to obtain independent le Y
legal review of any formal me- sated
agreement before signing that agreement. The parties under
:hat the mediator obj stand
objective is to facilitate the parti
-'1emse i ves reaching their
most constructive
and fairest
t3= ement. The parties also understand that the mediator
:bliSalion to work on b e alf of has an party equally and that the
•ed_atar
cannot render individual ? e
i ._
=al advic to any o
-
not render therapy a= =Y and o- .. arbitrate within z the mediation.
�• Scope of Mediation
The parties understand
that iz is for
mediator's concurrence, the Pa= t�es, with the
ence, to .determine a me ;.
the scone of
and t:i s wil? � the daton
be accomplished early in the mediation process.
3. Mediation is voluntary
All parties here state their good -faith intention to
complete their mediation by an agreement. It is, however,
understood that any party may withdraw from or suspend P the
•
mediation
process. at any time, for any reason.
The parties also understand that the mediator may '
terminate the mediation if the tediator feels that the su.s d or
e mediation
will lead to an unjust or unreasonable result; if the me
feels that an impasse mediator
feels
passe has been reached,; or if the mediator
" that he or she can ne long effectively per_orm . a
facilitative role.
4. Confidentiality
It is understood between the parties and the - -
�- mediator that
the mediation will be strictly confideat_al. Mediation
discussions, any draft resolution
and any unsigned mediated
agreements shall not be admissible in any court proceeding. Only
ag'_ ement signed by a-ny pa-'ties may be so admissible.
The parties further agree to not call i
a -.. the mediator to testify
concerning the mediation or to provide any materials from the
mediation in any cdurt proceedinc between ec:+e_n the parties. The
T i ati on is considered by the Parties and the mediator as
EXHIBIT "H"
czm 15 -2 ^5=eeme:t: CO Mediate
•
AGRE-r TO MEDIATE
This is an Agreement between [ *J and [*J and
hereinafter the 'mediator,' l ,
ator to enter
into med.iaciar. w; tti the
intent of resolving -
9 t..e following issues: (.1.
T` parties and the mediator understand and agree as
follows
1. Natu -tee of Mediation
The parties hereby appoint and retain [ *1 as
mediator for their
negotiations . The parties' understand that
mediation is an agreement-reaching process in which the mediator
a. .sts narties to reach agreement in a collaborative,
consensual, and
informed manner. It is understood
media has no power t the
'e'er to decide disputed issues for the parties.
The parties understand that mediation is not a substitute
i.ndepeadeIIt 1 itut, for
l advice. The parties a_re
eacavraged to secure
;uch advice throughout 9 the mediation process and are strongly
advised to obtain lade
P legal review of any formal mediated
ogreemeat before signing that agreement. -
the The pa_ pies under
hat i. a mediator . stand
iemse? V objective is s to facilitate the parties
es reaching achin the__ most
constructive and
00 - me=rest
g The parties also understand that
bl? ca Lion to work on behalf of the mediator has �•
f each party equally
° Y and that the
d�3�or
cannot render ? �
..div_dual legal
lz n advice to any party and
not render the_
apy or arbitrate within the mediation.
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
meeting and discussions shall be confidential betwe"1 sue:,
mediator and the caucusing the
5 p - t y. The mediator may, however, have
certain statutorily or judicially required reporting obl; gatic:-
such as r eportin r .s
S a reasonable belief that child abuse has talcA
place or to speak up to protect one
party from anat:1e_ if
substantial physical harm' is a concern.
S. Full Disclosure
Each party agrees to fu and honestly disclose all
relevant information and writings as requested by the mediato,.
• all information _
equested 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
imPar ial throughout and after the mediation process. Thus, th
mediator shall not champion the interests of the
any party over
another in the mediation or on o_ in any court or other proceedinc.
parties agree that the mediator may discuss the parties'
mediation process with any attorney any party _
Y may tarn as
individual counsel.- Such discussions will not include any
ne- ltiat_
ons, as all mediation negotiations must involve a ll
parties directly. The mediator will
p=ovice copies of
torr esaondence, draft agreements, and written documentation to
__depezdenc 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, unless agreed
otherwise by all parties and the mediator.
7 . 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 call, prepare draft and final agreements,
and do such other•things as may be reasonably necessary to
~ilitate the parties reaching full agreement. The mediator
shall also be reimbursed for all expenses incurred as a part of
the mediation process.
A payment of $ t *l toward the mediator's fees and expenses
shall be paid to the mediator along with the signing of this
acreemment. 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
the parties only, = est}onsia_lity for mediation fees and expenses
snail be: ft]
The parties will be provided with a monthly accounting of
fees and expenses by the mediator. Payment of such fees and
expenses is due to the mediator no later than 15 days following
t.__ date of such billing, unless otherwise agreed in writing.
Should payment. not be ci.:ne? y made, the mediator may, in h: s
her so l _ d' sc= ecion, stow all work behalf on behal� of the parties,
including the d.=afting 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.
DAZED: 19
C NIM t
Client
Mediator
AMENDMENT TO AGREEMENT DATED FEBRUARY 2, 1998
BETWEEN THE CITY OF TIGARD AND
ATFALATI RECREATION DISTRICT, INC.
This Amendment is made between the City of Tigard, an Oregon municipal corporation
( "City") and Atfalati Recreation District, Inc, (ARD) and amends the agreement between
them dated February 2, 1998.
RECITALS
a. City and ARD entered into an agreement dated February 2, 1998, concerning the
respective rights and obligations of the parties in the Gray/Lamb Cook Park Addition (the
Property), in which each party has an interest.
b. Section 9 of the 1998 Agreement contains provisions relating to improvement in
the park, including a "snack shack."
C. The parties wish to clarify their respective rights and responsibilities relating to
the sale of items at the park by amending Section 9 of the 1.998 Agreement as set forth
below.
AGREEMENT
1. Section 9 of the 1998 Agreement is amended to read as follows: •
9. Improvements and Concession Stand.
a. 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. All improvements to the Property shall be
constructed consistent with all local and state legal requirements. All
improvements are the property of the City.
b. The parties agree that ARD shall operate the concession stand on
the Property under the terms detailed in the attached Exhibit A, which is
incorporated by this reference.
2. All provisions of the 1 998 Agreement other than Section 9 remain in full force
and effect. The 1998 Agreement, as amended, is not an agreement for the purchase or
sale of goods or services.
CITY OF TIGARD A 4 T ON DISRICT, INC.
,,,1 _
By Will 1 AM A. MONAHAN BY: 11tMI i .
Its: C try __MANAaFR Its: MC f
y�z Zp 3 V2.2-x3
EXHIBIT A
TERMS OF CONCESSION STAND OPERATION
l . ARD, in the exercise of ownership interest in the Property, may operate the
existing concession stand on the Property. ARD may contract with one or- more
appropriately licensed service providers to operate the concession stand.
2. In order to preserve the Property and the City's interests in the Property, ARD
shall be responsible for cleanup and litter removal associated with the concession stand.
ARD may place litter in City waste bins on the Property.
3. In order to allow clean up of the Property, the concession stand shall close one
hour before dark.
4. ARD's right to operate the concession stand is limited to a right to sell items
consistent with the purpose of the operation of the Property. ARD may sell food, non-
alcoholic beverages, snacks, apparel, souvenirs, and other similar small items at the
concession stand. ARD shall not sell or otherwise provide any tobacco products,
alcoholic beverage, or food with alcoholic content at or from the concession stand.
5. Because the concession stand is City property, the City must approve the location,
size, and appearance of all signs within or on the concession stand.
6. ARD is responsible for the maintenance, repair and upkeep of all equipment
installed and/or operated by ARD or its contractor within the concession stand. ARD
shall not install any equipment on the Property without the prior written approval of the
City. The City is responsible for the maintenance, repair and upkeep of all equipment
installed by the City or its contractors. ARD shall be liable to the City for any damage to
City property caused by ARD or its contractor(s). ARD shall be responsible for cleaning
plugged sewer lines in and from the concession stand unless the plugged condition is the
result of faulty installation or design.
7. No modification to the structure of the concession stand shall be made without
approval of both parties. Repair shall not be considered a modification for purposes of
this section. The City may repair the structure without approval of ARD, but shall
consult with ARi? ruing any repair.
8. The concession stand is currently connected to electric, water, and sewer. ARD
shall be responsible for payment For utility services for the concession stand.
9. In the exercise of its ownership interest in the Property, ARD may also engage in
sales of food, beverages, novelties and apparel at other locations on the Property. This
provision does not create any right to construct a structure on the Property. ARD may
exercise this right through contractors or licensees.
a
I.
, ; .
/
IL ; t
a
#'= ',.... 10. ARD is not an agent, partner, or joint venturer of the City for an
g P � J ty any purpose. Both
parties have an interest in the Property and this agreement is intended solely to govern
one aspect of their respective rights and interests in the property.
11. ARD shall defend, hold harmless and indemnify City, its officers, agents and
employees from all claims, suits, or actions, and all expenses incidental to the
investigation and defense thereof related to, or alleged to relate to, ARD's or its
contractor's operation of the concession stand. If any aspect of this indemnity shall be
found to he illegal or invalid for any reason whatsoever, such illegality or invalidity shall
not affect the validity of the remainder of this indemnification.
12. ARD shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract and provide certificates of insurance to the City
demonstrating the coverage required by this section. Such insurance shall cover all risks
arising directly or indirectly out of operation of the concession stand, including the
operations of any contractors of any tier, with coverage of at least $1 milt'ron per
occurrence and $2 million aggregate. The insurance shall include provisions that such
insurance is primary insurance with respect to the interests of City and that any other
insurance maintained by City is excess and not contributory insurance with the insurance
required hereunder. The City shall be listed as an additional insured. If the insurance is
arranged on a "claims- made" basis, ARD shall obtain Extended Reporting coverage for a
duration of 24 months after ARD ceases to operate the concession stand. ARD shall not
cancel or materially change insurance coverage without 30 days written notice to the
City. The insurance policy shall include a cross - liability clause or separation of insureds
clause. The procuring of required insurance shall not be construed to limit Section 12.
13. ARD shall comply with workers compensation laws and shall require its
contractor(s) to do so.
14. All conditions required to be in an agreement of this type by ORS Chapter 279,
including the provisions required by ORS 279.310 through 279.316, ORS 279.320 and
ORS 279.334 through 279.380 are incorporated herein as though fully set forth herein,
and ARD and its contractor shall comply with all applicable substantive provisions of
those statutes. The parties have concluded that these requirements do not apply to this
contract. However, should an administrative agency or court with jurisdiction decide
otherwise, ARD shall hold the City harmless from any and all claims, penalties or
damages resulting from failure to include comply with any provision of ORS Chapter
279.
SECOND AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF TIGARI) AND ATFALATI RECREATION DISTRICT, INC.
THIS SECOND A1VIENDMEN7' is made and effective the ZZ day of
2003, by and between The City of Tigard, an Oregon municipal corporation (the "City")
g rp rp { y")
and Atfalati Recreation District, Inc., an Oregon nonprofit corporation CARD"). This
Second Amendment is to that certain agreement between The City and ARD dated
February 2, 1998, as amended by the parties effective ?- 2003 (said
agreement, as amended, is referred to as the "Agreeme ).
Recitals
A. The Agreement sets forth the respective rights and obligations of the parties with
regard to the Gray/Lamb Cook Park Addition (the 'Property") in which each party holds
an ownership interest:
t ' •
B. The City and ARD S h previously amended Section 9 of the Agreement
C. By this Second Amendment the parties intend to further amend the Agreement to
provide for the installation of; and credits for, certain improvements to the Property and
to clarify the payment obligations of ARD pursuant to the Agreement.
Amendment
1. Section 1 of the Agreement is deleted and replaced by the following section and
subsection:
"1. Purchase of Real Property. ARD agrees to pay to the City in
consideration for ARD`s ownership interest in the Property a purchase price for the
Property in an amount, and in accordance with the schedule, set forth on Exhibit A to the
Second Amendment of this Agreement (the "Purchase Price"). ARID shall receive credits
against the Purchase Price as follows: (i) $12,500 upon completion by ARD of the
purchase and installation on the Property of portable backstops, goals, benches, bases,
pitching mounds, field lining and other improvements agreed upon by the parties; (ii)
$7,000 upon installation by ARD of safety devices to prevent fly balls from traveling into
the parking lot on the Property; (iii) $30,000 upon replacement by ARD of backstops and
dugouts on the Property existing at the date of the Second Amendment of this
Agreement; and (iv) $15,000 as a one-time total credit for scholarships given by ARD
that benefit the community.
"1.1 Application For and Potential Award of Grants. ARD may
apply to the City in each of the ten (10) consecutive fiscal years, commencing with the
2003 -2004 fiscal year, for community event grants in the amount of $5,000 per fiscal
year. ARD agrees that any and all grant funds obtained pursuant to such applications will
be applied by ARD as payments to the City to reduce the Purchase Price."
2. Effect of Second Amendment. The provisions of this Second Amendment
supercede and take precedence over any and all inconsistent provisions of the Agreement
Except as amended hereby, the Agreement is restated and reaffirmed by the parties
hereto.
IN WITNESS WHEREOF, this Second Amendment has been executed and made
effective by the parties as of the date first above written.
CITY OF TIGARD, ' ATFALATI RECREATION DISTRICT,
an Oregon municipal corporation INC., an Oregon nonprofit corporation
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ASSIGNMENT AND THIRD AMENDMENT OF AGREEMENT BETWEEN
111E CITY OF TIGARD AND ATFALATI RECREATION DISTRICT, INC
THIS ASSIGNMENT AND THIRD AMENDMENT is made effective thew' day of A g t, 2014 , by
and between the City of Tigard an Oregon municipal corporation (the "City "), and Southside Soccer,
previously known as Tigard Soccer Club, ( "Southside "), and Tigard Little League ( "Tigard LL "),
previously known together as Atfalati Recreation District, Inc., an Oregon nonprofit corporation
( "ARD "), collectively known as the "Parties ", pursuant to that certain agreement between the City and
ARD dated February 2, 1998, as amended by the parties effective April 22, 2003 (the "Agreement ").
RECITALS
A. The Agreement sets forth the respective rights and obligations of the parties with regard to
the Gray/Lamb Cook Park Addition (the "Property").
B. The Parties amended the Agreement related to the Property, on April 22, 2003.
C. ARD has ceased to exist, but its members Southside Soccer and Tigard LL, are
acknowledged in the Agreement as Parties thereto.
D. The City, Southside, and Tigard LL desire that Southside and Tigard LL assume ARD's
rights and responsibilities under the Agreement, pursuant to the Agreement Section 16.
Entire Agreement, and Section 18. Anti- Assignment, both sections of which required prior
written authorization for assignment.
E. The Parties wish to amend Section 15. Ten Year Review and Termination of Agreement, and
Section 4. Goals of the Agreement.
F. By this Assignment, the Parties consent to assign to, and Southside and Tigard LL
( "Assignees ") consents to accept, ARD rights and responsibilities under the Agreement, and
to amend Section 15 and Section 4 of the Agreement, as set forth below.
ASSIGNMENT AND THIRD AMENDMENT
1. ARD hereby assigns to Southside and Tigard LL all of its rights and responsibilities under the
Agreement, including but not limited to all control, use, financial and other rights and responsibilities
related to the Property as set forth in the Agreement.
2. The provisions of this Assignment supercede and take precedence over any and all inconsistent
provisions of the Agreement. Except as assigned hereby and herein, the Agreement is restated and
reaffirmed by the Parties hereto.
3. Section 15 is hereby amended as follows:
"Section 15. Termination. This Agreement shall be extended to October 1, 2008, and shall
automatically renew each year unless one or all of the Parties provides in writing six months prior to
October 1 of each year, their intent to withdraw from or modify this Agreement."
4. Section 4 is hereby amended as follows:
"Section 4. Goals.
g. To work together to develop operating parameters for the use of the Property
facilities."
IN WITNESS WHEREOF, this Assignment and Third Amendment has been executed and made
effective by the Parties as of the date first written above.
T: gored LL'.
•
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By: , � I1!
Its:.dt..k c 'TTg•d L.tufl _
SOUTIISIDE:
By: —- ��',�,•��
Its: D; t a U -rot al lvoLdi el y
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By.
Its: /'vgt / 4 S doe z---
Tigard Little League & Southside Soccer Coordination Meeting
DATE: February 21, 2013
LOCATION: 10 Mu Conf Room
PRESENT: Kibwe Cuffie (SSC), Yvonne Sera (SSC), Paul Slover (SSC), Kim
Kelleher (TLL), Brian Bullard (TLL), Steve Martin, Greer Gaston,
Brian Rager, Mayor John Cook
Meeting Notes
End of Existing Agreement
• Why it makes sense.
• How rights of both clubs will be retained (TMC 9.04)
There was discussion about the existing agreement having provisions that are out of date, or not
applicable today, and that it is cumbersome to follow. The city is interested in terminating the
agreement and working toward a new arrangement with the clubs. TMC 9.04 grants all Tigard -
based, non - profits benefitting Tigard youth priority access to field reservations.
Both clubs stated that they are concerned about the lack of an agreement, specifically due to the
concern that they be considered equal with any other Tigard -based non - profits benefitting Tigard
youth. TLL and SSC believe that since they were the two entities that paid the city for a portion
of the Gray /Lamb property and for other improvements made to the fields that they should
have more rights to the fields than other organizations. Brian indicated that staff does not have
the authority to grant such a right and that we would go back and have discussions internally to
arrive at a decision on that point.
Future Business Relationship
• What do the clubs need?
• What does the city need?
Moving forward, the group discussed various needs of both clubs and the city. Tigard staff
clarified that the city's interest is to cover the on -going maintenance of the fields. We
acknowledged that the going rate of $10 /hour does not have much if any science behind it and
that we would like to perform some additional analysis to arrive at a more accurate rate. Yvonne
mentioned that for SSC, it would be preferable that they be charged a flat fee for the season
rather than an hourly rate, where staff from the city and from SSC would jointly have to keep
track of, and agree upon, dates for which SSC actually used the fields. City staff commented that
one reason for the hourly rate is to ensure that the clubs are only reserving what they will actually
use. Kibwe and Paul indicated that SSC should be able to provide better actual time slots in the
future.
Kim commented that TLL has different needs. Specifically, TLL must deal with rainouts. Going
with an hourly rate will pose challenges for them in that if they get a rainout and try to
reschedule, it could be tough given other organizations being able to reserve the fields. Steve
suggested that TLL might consider reserving additional time slots to provide rainout buffers.
The group agreed that more discussion is needed on this matter.
We had good discussion on the needs of the clubs. Both clubs feel strongly that the Cook Park
fields have become their "home turf" and that this is valuable to them, both from a marketing
standpoint and in the competitive environment of the soccer and baseball arena. Both clubs are
proud of Cook Park and the fact that they helped to bring about the high quality of the fields and
associated amenities. The clubs would prefer to have a solution whereby they are allowed to
reserve the fields for their full seasons, pay the city a reasonable fee for this; and then have the
option of allowing other users to utilize the fields if they do not need them.
Kibwe said that because the soccer arena is so competitive, SSC would prefer that their
competition not be allowed to use the Cook Park fields. Brian indicated that city staff would not
be able to manage that kind of restriction. Kim also noted that TLL has a few competitors out
there, specifically The Blast and ASA (both softball- oriented). These are Tigard -based and would
fit into the category mentioned in TMC 9.04.
Brian asked why many Lake Oswego teams wind up playing a majority of their games at Cook
Park. And why should the city allow the LO Soccer Club to have a tournament at Cook? SSC
staff explained that there is a lot of cooperation between soccer clubs for field usage. Each
soccer club hosts their own tournaments at various times of the year, and when those occur, they
will often need fields at other facilities controlled by other clubs. When SSC hosts the Chinook
Cup, they will often ask the LO club if they can use some of their fields. In return, SSC may give
up some of their field time at Cook when LO hosts a tournament. During league play, especially
during the fall Player Development Academy (PDA), run by SSC, there is a lot of invitations to
other clubs to participate so many outside -of -the -area teams will play games at Cook.
To summarize the city's needs:
o We need to cover our maintenance costs.
o We need to minimize the complexity of schedule management.
o We should be able to earn revenue from time slots not used by the clubs. Thus, the desire
to have the clubs pay for what they reserve.
Brian asked the clubs if they would be open to meeting separately with city staff so that we can
focus on specific needs /issues of each. Both clubs said that would be fine.
Before scheduling the next meetings with the clubs, the city will wrestle with the following
question: `Based on the funds paid to the city since 1998, should SSC and TLL be granted
priority rights to the Cook Park fields than any other Tigard- based, non - profits benefitting
Tigard youth ?" Staff may need to float this question to the City Council for resolution.
It
gl i TIC;!JD
March 6, 2013 City o f Tigard
Board of Directors
Southside Soccer Club
PO Box 230169
Tigard, OR 97281
Board of Directors
Tigard LinIe. League
PO Box 230359
Tigard, OR 97281
Re: Notice of Termination of Agreement
Dear Southside Soccer and Tigard little League Boards of Directors:
This letter is addressed to the respective Boards of Directors of Southside Soccer Club and
Tigard Little League, as co- successors in- interest to Atfalati. Recreation District, Inc.
( "ARD "), as to the rights and obligations under the Feb. 2, 1998, Agreement between the
City of Tigard and :\RD, as amended by the First Amendment dated April22, 2003, the
Second Amendment dated April 22, 2003 and the Assignment and Third Amendment
(undated) (collectively called the "Agreement").
Pursuant to Section 3 of the Assignment and Third Amendment to the Agreement, the City
of Tigaxd (Tigard) hereby notifies Southside Soccer and Tigard Little League of its intent to
terminate the Agreement, effective Oct. 1, 2013. Prior to that date, the City intends to
continue discussions with both -clubs regarding future field usage arrangements.
Sincerely,
•
. n D. Raker
Assistant Public Works Director
13123 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
May 2, 2013
Brian Racer
Assistant Public Works Director
13125 SW fial Ord
Timed, OR 97223
Re: Tigard Little League and Southside Soccer /Cook Park
Dear M. Rager,
Tigard Little League ("TLL ") and Southside Soccer Club ( "SSC ") are in receipt of your letter
dated March 6, 2013 (`Letter"), whereby the City of Tigard provided written notice to TLL and
SSS of the City of Tigard's unilateral intent to terminate that certain Agreement dated February 2,
1998 by and between TLL, SSC and the City of Tigard, as lawfully amended ( "Agreement ").
Both TLL and SSC were extremely surprised and disappointed to receive the Letter as neither
desires a termination of the Agreement.
TLL and SSC understand that the City of Tigard believes it has the unilateral authority to
terminate the Agreement pursuant to that certain Assignment and Third Amendment dated May
12, 2010. Please be advised that both TLL and SSC do not believe the City of Tigard has the
lawful authority to unilaterally terminate the Agreement.
Pursuant to the Agreement, SSC and TLL hereby request that the City of Tigard provide the
following information:
1. An accounting of the Fund, which account is specifically set forth in the Agreement,
including all activities and fees that have been collected or are otherwise due and owing
from users, events or otherwise to the City of Tigard related to any activities with respect
to the Property from the date of the Agreement to present and any disbursements made
,from such Fund;
2. The City of Tigard's desired preference for how to compensate TLL and SSC for the
equity and ownership interest that TLL and SSC have in the Property should the
Agreement terminate, and
3. An accounting of the costs and expenses incurred by the City of Tigard on Cook Park
Feld maintenance from the date of the Agreement to present.
TLL and SSC trust you will give this matter your immediate attention and look forward to prompt
receipt of the information requested. If any questions arise, please advise.
Sincerely,
Ki :,..,,,./
elleher, Tigard Little League President
/
vonne Sera, Southside Soccer Club President
June 3, 2013 TIGrs
City of Tigard
Kim Kelleher, President
Tigard Little League
PO Box 230359
Tigard, OR 97281
Yvonne Sera, President
Southside Soccer Club
PO Box 230169
Tigard, OR 97281
Re: Termination of City Agreement with Tigard Little League and Southside Soccer Club
Dear Ms. Kelleher and Ms. Sera:
This is in response to your May 2, 2013, . letter wherein you raised several questions related to the
city's termination of the current agreement with Tigard Little League (ILL) and Southside Soccer
Club (SSC). I will respond to each question below.
City's Right to Terminate Agreement
A question was raised about the city's right to unilaterally terminate the agreement. Section 3 of •
the third amendment specifically authorizes any party to withdraw from the agreement upon
providing written notice to that effect six months prior to October 1 of each year. That language
amends Section 15, which is entitled "Termination." We equate the word "withdraw" to
"terminate," as there is no other plausible construct of that term.
,accounting of the "Fund"
You asked for an accounting of the Fund, as that term is defined in the agreement. The Fund is
defined in Section 1 of the original agreement and was intended to be a tool used and maintained
by the Atfalati Recreation District (ARD) and its members. ARD was assessing its players a fee to
fund its payments to the city. Any excess monies resulting from the players' fees collected by
ARD were as to be placed in the Fund. The city and ARD were to determine how these funds
might be spent —on the annual property payments to the city, development, improvements, etc.
Section 1 of the second amendment deleted Section 1 of the agreement in its entirety and replaced
it with language which contains no reference to the Fund. Therefore, there is no fund to account
for. Second, if original Section 1 still existed, it was an ARD (i.e., `'LL and SSC) fund, not a city
fund..
3123 S `' Hall Blvd. • Tigard, Oregon 972-23 ► 503.639.41'1
TTY Rrla. -: 503.6S4.2772 • www.tigard- or.gov
eue
Compensation to Tj.I. and SSC
TEL and SSC have asked the city for its "desired preference of how to compensate 1 LL and SSC
for the equity and ownership interest TLL and SSC have in the Property should the agreement
terminate.' The short answer here is that the city has no obligation to provide such
compensation because the agreement does not require it. This response is based on one of two
possible arguments:
1. New Section 15 per the third arnendnierete dots. not require any compensation upon
termination as may have been the case under orit nal Section 15; or
2. Even if the third amendment failed to delete the compensation provisions of original Section
15, original Section 15 requires no compensation if, upon termination, "the Property remains
available for active recreational use by AR.D" ti.e., TLL and SSC). Because the city intends to
make the property available to TI.L. and SSC for "active recreational use," under the language
of original Section 15, "then no remuneration is required for either party."
This makes sense. It is unfortunate that the agreement used terms like 'ownership interest" and
"equity position." Those terms, looked at in isolation, have created a belief that if the agreement
terminates, TLL and SSC should receive their half interest in the value of the property. But, the
agreement does not work that way. Even the original Section 15 dearly contemplates that after
tett viers of use the agreement can terminate and, that upon such a termination, TLL and SSC get
one of three things:
1. Continued use rights.
2. Equal or better replacement facilities.
3. Half of sale proceeds if the property is sold.
The city has chosen the first option. The spirit of the oriinal Section 15 of the agreement was to
provide protection and remuneration rights to ARID if use of the fields was taken away within the
initial 10 -year agreement period.
Accounting of Cit 'e Costs
'1L and SSC have asked for an accounting of the city's field maintenance costs for Cook Park.
The agreement makes the city solely responsible for basic maintenance of the park and facilities
('agreement, Sections 2 and 7). These activities are not funded through TLL`s or SS's payments
under the agreement. Accordingly, the city has no obligation to account for these activities.
Previously we discussed—with both TLL and SSC —the fact that our current maintenance
management software is not set up to track the work that is performed it out parks. Our new
software, currently in the process of implementation, will certainly do that for us. We can only
provide a ballpark estimate of how much of the Parks Division budget is attributed to Cook Park
annually by using a proportion based on manpower assigned to that park. Using that proportion,
roughly 31 percent, or approximately $525,000, of the Parks Division budget, is earmarked for the
maintenance and operation of Cook Park.
•
Next Step,
I hope this letter has adequately addressed the questions raised in your letter. I also want to
reiterate our desire to continue further discussions with both TLL and SSC as to how we conduct
business together in the future. I am holding off on scheduling another meeting with you until I
have my discussion with council on June 18. At that meeting, I will ask council to address the
fundamental policy question we talked about at our last meeting: Doe:, counci) wish to give
preference to SSC and TLL above other Tigard - based, non- profits benefitting Tigard youth? The
answer to that question will help guide our future discussions.
If you have questions prior to my June 18 meeting with council, please do not hesitate to contact
me at 50 718.2471 or e -mail me at brianr( regard- orgov.
Sincerely,
rian D. Rager
Assistant Public Works Director
c; Marty Wine, City Manager
City Council
Dennis Koellesrneier, Public Works Director
. Steve Martin, Public Works Manager
Greer Gaston, Confidential Office Manager
•
Kim Kelleher Speech to City Council
June 11, 2013
My name is Kim Kelleher and I am the current President of Tigard Little League. I am here tonight because I know
that at next Tuesday's working session meeting, you will be asked to decide whether Tigard LL and Southside
Soccer should be considered different than other Tigard non - profit organizations when it comes to scheduling priority
and financial considerations regarding Cook Park fields.
Last October, I realized that the final payment in a 15 year agreement with the city would be taking place during my
Presidency - I contacted the city to find out what would happen next and we began a series of meetings between the
city and TLL/SSC.
In February, Mr Brian Rager announced the city's intention to terminate the agreement that has been in place since
1998 and that he expected TLL and SSC to begin paying for fields at the $10 /hour rate as well as have the same
priority as other Tigard non- profits per municipal code. Southside representatives and I expressed grave concern
over this and made Mr. Rager aware that we felt that we should be viewed differently than other groups given the fact
that, through our agreement, we have paid more than $500,000 to jointly purchase and develop, in partnership with
the city, the East side of Cook Park. Mr. Rager seemed surprised that we thought we should be declared different
and informed us that a decision like that needed to be made at a level higher than himself.
I understand that the public does not have a forum in which to speak at a working session meeting so I am here
today to make you aware of our interest in this subject and to provide you with a set of materials in case you do not
already have them. Based on our meetings with city staff as well as discussions with people involved in the original
agreement (Dave Nicoli, City Manager Bill Monahan, Public Works Director Ed Wegner and others), we believe that
city staff's interpretation of the 1998 agreement, its intent and what was intended to happen at the end of the
payment schedule is far different than ours. Mr. Rager has stated that the agreement is cumbersome and filled with
things that are not being followed - the fact that it seemed to work fine while the payment schedule was ongoing, but
now needs to be terminated as the final payment looms this October, seems a little more than coincidental.
I am asking that you read the documents for yourselves and reach out to the people involved in the original
agreement before you make any decisions. I would like to give special recognition to Bill Monahan who was City
Manager at the time of the original agreement - he is here tonight to show his willingness to meet with the Council
members at any time to answer questions about the agreement, its intent and what was intended to happen at the
end of the payment schedule.
In summary, I believe that the City of Tigard and TLL /SSC came together in a very unique way to create a
"community alliance" with the purpose of providing fields and recreational opportunities for Tigard's children. I very
much hope that we, the people at the helm of our respective organizations today, will continue that legacy for the
foreseeable future.
At this time, could I ask anyone present for this purpose to please stand?
Thank you very much for your time.
Discussion Points
• A "community alliance" was formed back in 1998 between the City of Tigard and TLL /SSC - it has been in
place for 15 years and coincidentally it is being terminated at the same time that the 15 -year payment
schedule is ending. Why terminate now?
• Our two non -profit organizations will have put in over $500,000 since 1998 - if we are going to pay an hourly
rate and have the same priority scheduling as organizations like Tigard Lacrosse, why did we do this?
• The City of Tigard does not have a recreation department that runs youth sports programs - TLL/SSC are the
two largest providers of those services to the citizens of Tigard.
• The more than $500,000 that the clubs have invested over the past 15 years was not for field rental /use -
it was the agreed share of the original purchase price of the land, the development of the land and the
building of the concessions and bathroom buildings. In essence, we signed on to pay a mortgage. The
provisions of the agreement provided the clubs full access to the fields during their regular seasons and the
agreement was to be reviewed every 10 years. It makes sense that, after paying off the mortgage, we would
be responsible for some portion of Cook Park fields maintenance costs, but it does not necessarily make
sense to pay rent on something that we helped to purchase.
• Both clubs have invested time and energy into the fields well past the development stage - SSC has
provided the soccer goals that are used by any entity that uses those fields through the year, and TLL
provides all the chalk, turface and mound clay, as well as additional contracted field maintenance every
year. We have paid for these items on top of the annual payments - we've done this because we see this
as a partnership.
• In speaking with people involved in the original agreement, it seems that without TLL /SSC's involvement, the
city would likely not have been able to purchase the land due to a lack of shared vision between the owners,
Bob Gray and Charles Lamb, and the city. In addition, I believe that our involvement allowed the city to be
eligible for and receive at least $250,000 of state parks grant money that otherwise would not have been
possible.
• In his letter dated 6/3/2013, Mr. Rager stated that "it is unfortunate that the agreement used terms like
'ownership interest' and 'equity position' as, looked at in isolation, they have created a belief that if the
agreement terminates, TLL and SSC should receive their half interest in the value of the property." A lot of
very smart people from both the clubs and the city staff spent countless hours on making an agreement that
was drawn up by an attorney happen - to suggest that any of the wording was "unfortunate" not only seems
disrespectful, but also seems to be an attempt to rewrite history.
• When Mr. Rager was asked what he, personally, thought the answer should be to the question of "Should
TLL /SSC be different than other organizations ? ", he stated that he felt we had been "faithful tenants ". City
staffs interpretation and our interpretation of the original agreement seem to differ vastly. We are concerned
that City Council get the opportunity to hear from more than just city staff when making this decision.