Tri-Met ~ ,1
MEMORANDUM OF UNDERSTANDING
DEVELOPMENT OF TIGARD ACCESS PLAN
PLANNING
Dated: October 7,2004
Among: The Tri-County Metropolitan Transportation District of Oregon, a mass transit
district organized under the laws of the State of Oregon ("TriMet")
And: The City of Tigard,a municipal corporation organized under the laws of the State
of Oregon("Tigard")
RECITALS
A. TriMet.owns and operates a public mass transit system serving the Portland
metropolitan area including a rail system operating from the City of Gresham to the City of
Hillsboro. Together with Washington County,TriMet is currently planning to construct the
Wilsonville to Beaverton Commuter Rail Project("Commuter Rail!), a 14.7-mile commuter rail
line between Beaverton Transit Center and Wilsonville.
B. Development of Commuter Rail in the Highway 217 corridor provides TriMet
and Tigard with a unique opportunity to cooperatively achieve their common goals in the Tigard
area(the"Area").
C. TriMet and Tigard are committed to developing a Tigard access plan(the"Access
Plan")to provide for a comprehensive process that will capitalize on the regional efforts
surrounding Commuter Rail, in order to improve access,leverage public and private investments,
and enhance and promote mobility options in the Area.
D. This Memorandum of Understanding is intended to document the understandings
of TriMet and Tigard with respect to development of the Access Plan.
UNDERSTANDINGS
1. Development of Access Plan/Planning Coordination of Projects. It is
understood that TriMet and Tigard will meet regularly to develop the:Access Plan which efforts
shaTentai:l coordination by the parties iri,planning for projects related to improving access to
public transit in the Corridor. The particular projects selected for planning to be included in the
Access Plan shall be subject to the mutual agreement of the parties. Types of projects to be
included in the Access Plan may include,but not necessarily be limited to:
■ Bus stop improvements
0 Transit preferential improvements.for buses
■ Pedestrian access improvements
■ Bike access improvements
• Public Information(maps, etc.)
In addition to development of the Access Plan, a final report prepared by the parties will identify
longer term projects.
2. Changes to Bus Routes: It is understood that TriMet will examine and may
implement changes to bus routm in order to improve access to public transit in the Area.
3. Community Outreach: It is understood that, in order to involve community
members in all aspects related to the Access Plan,TriMet and the City will develop and
implement a community outreach strategy targeted toward the diverse community and business
members that comprise the Corridor.
4. General Provisions:
a. Term: This Memorandum of Understanding shall be in effect from
December 1,2004 through the opening of Commuter Rail, and may be extended by mutual
agreement of the parties hereto.
b. Withdrawal: Either party may withdraw from this Memorandum of
Understanding,without penalty or liability of any nature,by providing the other party to this
Memorandum of Understanding with ninety(90)-days prior written notice of its intent to do so.
C. Independent Contractors; No Agency: In connection with this
Memorandum of Understanding,each party is an independent contractor for all purposes and
will have no authority to bind or commit the other.
d. No Third Party Beneficiaries: TriMet and Tigard are the only parties to
this Memorandum of Understanding,and as such are the only parties entitled to enforce its
terms. Nothing in this Memorandum of Understanding gives or shall be construed to give or
provide any benefit,direct, indirect or otherwise, to any third party unless such third party is
expressly described by name in a modification or amendment to the Memorandum of
Understanding,and such third party is intended by the parties hereto to be a beneficiary of such
modification or amendment to this.Memorandum of Understanding.
e. Notices: All notices and communications under this Memorandum of
Understanding shall be directed to the representatives designated below:
7
For Tri-Met: Tom Mills
j Tri-Met
4012SE 17`h Avenue
Portland, Oregon 97202
(503)962-4883
For Tigard: Duane Roberts
City of Tigard
13.125 SW Hall Blvd
Tigard,OR 97223
503-639-4171 ext 2444
Any notices or communications hereunder shall be in writing and deemed effective if deposited
in U.S.Mail (Certified return receipt), hand delivered, or transmitted by facsimile with
successful confirmation.
f. Integration: This MOU contains the entire agreement between the parties
as to the subject matter of this MOU and the parties have no obligations except as expressly
stated herein. Any waiver, consent, modification, amendment or.change to the terms of this
MOU must be in writing and signed by the authorized representatives of each party to be
effective and binding.
IN WITNESS WHEREOF,the parties have executed this Memorandum of Understanding
effective for the dates noted herein.
TRI-COUNTY METROPOLITAN CITY OF TIGARD
TRANSPORTATION DISTRICT OF
OREGON (TRIMET)
� t
By: By:
Fred Hansen Craig D' . sen
General Manager Mayor
Jlrpn/drrrriMeLMOU.11-04
Agenda Item Discussion at Comments Action Items (follow up)
3. Consent 3.1 Approve Budget Amendment#5 to the FY Motion by Councilor
Agenda 2005-06 Budget to Expend Department of Wilson, seconded by
Homeland Security Grant Funds for the Councilor Sherwood, to
Washington Square Mall Buffer Zone approve the Consent
Protection Plan— Resolution No.,05 ,—.65 Agenda.
A RESOLUTION APPROVING BUDGET The motion was approved
AMENDMENT #5 TO THE FY 2005-06 by a unanimous vote of
BUDGET TO ACCEPT AND, EXPEND City Council present.
DEPARTMENT OF HOMELAND
SECURITY GRANT FUNDS FOR THE. Mayor Dirksen Yes
WASHINGTON SQUARE MALL Councilor Harding Yes
BUFFER ZONE PROTECTION PLAN Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
3.2 Approve an Amendment to the Tigard
Police Officers Association (TPOA)
Agreement Side G Letter
3.3 Local Contract Review Board:
a. Award a Contract for the Construction
of Fanno Creek Trail - Segment 7b
(Fanno Creek to the Proposed Wall
Street) to Andersen Pacific, Inc.
b. Authorize an Amendment with Norton-
Arnold and Company for Consulting
Services to Implement.Phase 11 B of the
Urban Renewal Plan Public Outreach
Program.
4. TriMet TriMet General Manager Fred Hansen
MOU updated the City Council on the progress for
Discussion — improving transit services within the City.
2"d Year Highlights of'his report included status of the
Progress Report commuter rail project, plans for sidewalks,
expanded and upgraded bus service,
relocation of Line 38, and work completed on
-/ -a retalningwall and shelter on Pacific
Highway. Mr. Hansen noted that,TriMet has
experienced recent financial challenges, which
has slowed the progress on some.of the items
to be addressed in the MOU.
Tigard City Council Meeting Minutes
October 25, 2005
Page 4
Agenda Item Discussion ex Comments Action Items (follow up)
In response to a question from Councilor
Wilson, Mr. Hansen advised that TriMet
would complete the MOU work even if the
time iperlod needs to be extended. He also
said TriMet would continue with maintenance
of service established as a result of the MOU
after the expiration of the MOU.
S. Meeting Mr. Garrett noted ODOT has pledged City Council members
with ODOT $500,000 to cover the.shortfall for the Indicated a willingness to
Region 1 improvement to the,iHall Blvd./Highway 99W discuss jurisdictional
Manager intersection (an MSTIP3 project). In return, transfer of Hall Blvd.
Matthew Mr. Garrett requested a conversation about a
Garrett potential jurisdictional transfer of Hall Blvd.
Mr. Garrett referred to issues_ regarding a City Engineer.Gus Duenas
crosswalk alignment with the Fanno.Creek and ODOT employee
Path on Hall Blvd. He suggested this issue Dennis Mitchell to resolve
could be resolved, especially if this would the crosswalk issue for the
result in a safer pedestrian crossing. Fanno Creek Path
connection.
Mr. Garrett noted the traffic light is being
Installed at the library.
Mr. Garrett agreed coordination of signal
lights should be examined.
In response to a request to consider an
additional crosswalk at O'Mara, Mr. Garrett
explained that.crosswalks located close
together create a false sense of security and
are not safe.
There was discussion aboutthelocation of.the
traffic signal and whether It would have.been
better to locate the signal at O'Mara/Hall
Blvd. City Engineer Duenas*explained that the
O'Mara intersection did not meet the
warrants imposed by ODOT, while the signal
at Hall/Wall dld:
Tigard City Council Meeting Minutes
October 25, 2005
Page 5
AGENDA ITEM#
FOR AGENDA OF 10/25/05
CITY OF TIGARD,OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE. Tigard-'ISr'Met Memorandum of Understanding Second Year Progress ReReport
PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE CQUNCIL
A TriMet representative will update Council on progress achieved in 2005 under the Tigard-TriMet
Memorandum of Understanding(MOU)for improving transit services within the City.
STAFF RECOMMENDATION
Staff recommends Council discuss with TriMet General Manager Fred Hansen any local transit-related issues
regarding MOU implementation.
INFORMATION
4) SUMMARY
In Decem er 2003, a City entered into a multi-year memorandum of understanding(MOU)with TriMet
that calls for bodies to work together to increase transit ridership in Tigard. TriMet General
Manager Fred Hansen is scheduled to participate in the meeting. The agreement sets out that this goal is
to be achieved through local service and capital improvements. Service improvements include expanding
the number and frequency of bus lines, as well as realigning existing bus routes to improve service
coverage. Capital improvements include building sidewalks to improve pedestrian access to bus stops.
Capital improvements also include.expanding the number of bus shelters and benches. The present report
elaborates on the accomplishments of the second year of the MOU in terms of service and capital
improvements.
The attached report overviews City and TriMet efforts in 2005 to carry out the City/Agency MOU.
OTHER ALTERNATIVES CONSIDERED
NA
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Transportation and Traffic,Goal#3,"Alternative modes of transportation are available and use is
maximized."
ATTACHMENT LIST
Attachment#l: Tigard-TriMet Second Year Progress Report
Tigard-TriMet MOU
Second Year Progress Report
In December 2003,the City entered into a°multi-year memorandum of understanding
(MOU)with TriMet that calls for the two bodies to work together to increase transit
ridership in the Tigard community. The,agreement sets out that this goal is to be
achieved through local service and capital improvements. Service improvements include
expandingthe number and frequency of bus lines,as well as realigning existing bus
routes to improve service coverage.Capital improvements include building sidewalks to
improve pedestrian access to.bus stops. Capital.improvements also include expanding
the number of bus shelters and benches. The current report elaborates on the
accomplishments of the second year of the MOU in terms of service and capital
improvements.
The major overall transit-related development during the year has been the severe
financial crises faced by the transit agency. Continued high fuel prices and limited
payroll tax receipts resulted in two fare increases,as well as a round of service cuts,
during the year. Service was reduced on 26 lines throughout-the region. None of these
cuts affected transit services within Tigard. At the sante time,because of TriMet's
financial situation,the agency was unable to carry out proposed new service and other
transit investments in Tigard during the period. Despite TriMet's lack of funds, some
progress was made toward improving transit in Tigard. This progress is detailed below.
CommuterRail
The construction and operation of Commuter Rail is TriMet and the City's first Tigard-
specific transit priority. When completed,Commuter Rail will be a major transit
development in the community. During most of 2005,the project was on hold while the
long-standing federal funding issue was in play.The issue in question was that the
prcject's`financial plan included 50%federal funding,but the comnmitment of these funds
had not been forthcoming. The issue of the federal share of Commuter Rail funding was
resolved with the passage of the Federal Transportation Bill last month. The bill includes
federal funding for Commuter Rail construction and assures full funding for the project.
With full funding in place,TriMet restarted its efforts and is moving forward from the
present 75%design stage. The revised rail service startup date is September 2008.
This year's other new Commuter.Rail-related development is that the Washington Square
station location has been moved from Cascade Avenue in Tigard to Cascade Boulevard at
Hall in Beaverton. The new location is less isolated.and better served by existing bus
lines than the former Cascade Avenue site. .
wk�
The motion was approved by a unanimous vote of the City Council
present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood_ Yes.
Councilor Wilson Yes
Councilor Woodruff Yes
3. REVISED CITY/TRIMET MEMORANDUM OF UNDERSTANDING (MOU)
a. Community Development Director Jim Hendryx reviewed the staff
report, which is on file in the City Recorder's office. In December last
year, Council considered and.adopted a Memorandum of
Understanding (MOU) with TriMet to formalize a partnership to plan
for local service and pedestrian improvements. The revisions to the
MOU were proposed because the timeframe of the original MOU was
tied to the completion date for Commuter Rail The new MOU
reflects the change in Commuter Rail startup to FY 07 from FY 06.
The revised MOU includes language changes requested by TriMet's
legal office. None of the changes are substantive. A benefit#o
Tigard with the revised MOU is that it will give an additional year of
transit agency time and attention to the City.
b. Councilor Sherwood thanked staff for their work with TriMet for the
benefit of Tigard.
Councilor Wilson said that Mayor Griffith deserves much credit as
well for his efforts with TriMet.
Councilor Woodruff said he was disappointed that commuter rail is
one year further away, but noted the opportunity to build the
relationship with TriMet.
C. Council Consideration:
Motion by Councilor Woodruff, seconded by Councilor Sherwood, to
approve the revised Memorandum-of Understanding.
The motion was approved by a unanimous vote of the City Council
present:
Mayor Dirksen; Yes
Councilor Moore: Yes
Councilor.Sherwood Yes
Councilor Wilson Yes
Tigard City Council Minutes Page 5
December 28, 2004
Councilor Woodruff Yes
4. PUBLIC HEARING -RESOLUTION TO ADOPT AMENDED MASTER
FEES FOR LONG-RANGE PLANNING (Continued from December 14,
2004)
a. Mayor Dirksen opened the public hearing, which was continued
from December 14,'2004.
b. Community Development Director Jim Hendryx presented the staff
report, which is on file in the City Recorder's office. Council had
directed staff to develop a long-range planning fee to help offset the
costs of completing long-range planning studies and projects. The
proposed resolution would increase certain land use planning fees.
C. Public testimony: None
d. Council discussion:
Community Development Director Jim Hendryx reviewed the Fees
and Charges schedule attached to the ordinance explaining the
increased fee is only on the base fee. The revenue raised from the
proposed increase will be used to pay for external support and
assistance on projects (outside resources) and not used for current
staff resources. With assistance from the Finance Department,
revenue will be tracked. Planning services are funded from the
General Fund.
Discussion followed regarding this surcharge and how building and
planning services are funded and accounted. In response to a
question from Councilor Woodruff, Community Development
Director Hendryx advised that at the time fees are paid, the
applicant would receive information to identify that the fee is for use
in the long-range planning program to offset the costs of major
studies.
Mayor Dirksen, Councilor Woodruff, and Councilor Wilson each
commented that they wanted to be sure that these fees are
recognized;separately. The funds collected from the proposed
increase in certain land use planning fees will go into the General
Fund; however, Council members noted they would like to see
clear accounting of how much was:received and how the money
was used. At the time of payment, the applicant should receive
information on the fee bill showing what the charges are for.
e. Mayor Dirksen closed the public hearing.
Tigard City Council Minutes. Page 6
December 28, 2004
AGENDA ITEM#
FOR AGENDA OF_12/14/04
CITY OF TIGARD,OREGON
COUNCIL:AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Revised CityMiMet MOU
PREPARED BY: Duane Roberts DEPT HEAD OK 9* MGR OK
ISSUE BEFORE THE COUNCIL
Should Council approve a revised City/TriMet Memorandum of Understanding(MOU)for improving local
transit services?
STAFF RECON04EENDATION
Staff recommends Council approve the revised MOU as written.
INFORMATION SUMMARY
In 2003,Tigard became the first suburban city selected by TriMet as a target for,local service and pedestrian
improvements. In December of last year,Council considered and adopted a memo of understanding(MOU)
with TriMet to formalize a partnership to plan for these improvements. Within the MOU, each party
commits to working together during the next three years to put.new ideas for local transit improvements into
action. The agreement carries out Council's long term goal of improving acces to transit.
Council's November 16, 2004,packet included a.draft copy of revised MOU for Council's information.and
consideration. At the November meeting, Jim Hendryx indicated that staff would return to Council in
December for adoption of the revised MOU. A copy of the new MOU is attached. Why change the MOU?
As highlighted in the November le staff report, the reason for changing the MOU is twofold. First and
most important is that the timeframe of the original MOU was tied to the completion date for Commuter Rail.
The new MOU reflects the change in Commuter Rail startup to FY 07 from FY 06. Second,the new MOU
includes some language changes requested by TriMet's legal office. None of these change the substance of
the original agreement. A benefit to Tigard of revising the MOU as proposed is the additional year of transit
agency time and attention the City will receive.
The updated MOU has.been reviewed and approved by the City Attorney as to form.
OTHER ALTERWAIMS CONSIDERED
None considered,
VISION TASK FORCE'GOAL AND ACTIONCOMMITTEE STRATEGY
Transportation and Traffic Goal#3, "Alternative modes of transportation are available and use is
maximized."
AATTACI11ViENT LIST
Attachment#1: Memorandum of Understanding.
FISCAL NOTES
The agreement does not;involve the obligation of City funds. Implementation.of proposed capital
improvements will depend on funding availability as part of ea&organization's annual budget process.
i/citywidettriMet.MOU.revised
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