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City Council Packet - 12/05/2017 111 City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 5,2017 - 6:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:•30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (11)D -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: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htiti://live.tigard-or.gov CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. 1114 ■ u City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 5,2017 - 6:30 p.m. Business Meeting 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. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Town Center Development Agency).These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH TOWN CEN 1'ER DEVELOPMENT AGENCY(ICDA) FOR THE PROVISION OF ADMINISTRATIVE AND DEVELOPMENT SERVICES B. CONSIDER AUTHORIZING THE TCDA EXECUTIVE DIRECTOR TO SIGN AN IGA WITH THE CITY OF TIGARD FOR THE PROVISION OF ADMINISTRATIVE AND DEVELOPMENT SERVICES C. CONSIDERATION OF RESOLUTION TO FORM A HOUSING OPTIONS TASK FORCE •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council!City Center Development Agency has voted on those items which do not need discussion. 4. APPOINTMENT OF BUDGET COMMITTEE MEMBERS 6:35 p.m. estimated time 5. APPOINTMENT OF AUDIT COMMITTEE MEMBERS 6:40 p.m. estimated time 6. CONSIDERATION OF PARKING ORDINANCE AMENDMENT AND ABANDONED VEHICLE ORDINANCE UPDATE 6:45 p.m. estimated time 7. CONSIDER AUTHORIZING THE MAYOR TO SIGN AN AMENDED IGA FOR THE WALNUT STREET PROJECT 7:25 p.m. estimated time 8. NON AGENDA ITEMS 9. 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. 10. ADJOURNMENT 7:35 p.m. estimated time AGENDA ITEM NO. 2B - CITIZEN COMMUNICATION DATE: December 5, 2017 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a Cite of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. ..11 written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: PA—\C:. (f Q„W ` c Also,please spell your name as it sounds,if it will 4 / ( k help the presiding officer pronounce: �. 61,1A / T Address Mgw l 4. S A/ f iv cc City �1 '.ra State / Zip Phone No. (o Name: _4_ d Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address 5 g ? 5 t I l y ' v" City (V State �) V? Zip �(� ?-Z �I Phone No. 0 (;-- 6-7 — R s oL Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 171003.doc AIS-3299 3. A. Business Meeting One Meeting Date: 12/05/2017 Length (in minutes): Consent Item Agenda Title: Council Consideration of Intergovernmental Agreement between TCDA and City Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council authorize the City Manager to sign an intergovernmental agreement (IGA) between the Town Center Development Agency and the City of Tigard for the provision of administrative and development services and loan terms between the entities? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council authorize the City Manager to sign the IGA. KEY FACTS AND INFORMATION SUMMARY Tigard's urban renewal agency, the Town (formerly City) Center Development Agency (TCDA) was formed as a distinct legal entity from the City of Tigard. State statute requires that tax revenues be used to pay off loans rather than be directly expended on projects. A previous intergovernmental agreement (IGA) between the two entities in 2007 set the terms for the City to make loans to the Agency. Through the annual budget process, the city has loaned funds to the Agency to implement various City Center Urban Renewal Plan projects. The Agency continues to repay those loans. The Agency has also taken out a bank loan to purchase the Miller property. Since voter approval of the City Center Urban Renewal plan, the City has provided administrative services to the Agency by paying for the salaries of the staff who directly work on urban renewal projects and programs and also administrative functions (budgeting, contracting, etc.) During the initial years of the City Center Urban Renewal District with modest tax increment generation, these administrative costs were not reimbursed. The May 2017 passage of the Tigard Triangle Urban Renewal Plan will require an increased level of staffing and administration, so a new IGA is needed. The proposed IGA between the Town Center Development Agency and the City of Tigard establishes that the city will provide administrative and development staffing and services. The Agency remains responsible for the oversight and management of the Plans and the urban renewal area. During the annual TCDA budget process, the Budget Committee and TCDA Budget Committee will make recommendations on loans and loan repayments. This could include reimbursement of the costs to staff and administer the urban renewal areas. Outside of the budget process the City can also lend funds to the Agency, with the approval of the City Council and Agency Board. Sufficient tax increment is anticipated to be generated in the Tigard Triangle District in 3-5 years so that bank loans or bonds will largely replace loans from the city. The Board of the Town Center Development Agency will also be requested to authorize the TCDA Executive Director to sign the IGA. OTHER ALTERNATIVES Council could propose changes, or not authorize the signing of the IGA. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard City Council Goals 2017-19 3. Make Downtown Tigard a Place Where People Want to Be. 5. Implement Tigard Triangle Strategic Plan. City Center Urban Renewal Plan Tigard Triangle Urban Renewal Plan DATES OF PREVIOUS CONSIDERATION This is first time presented for consideration. Fiscal Impact Cost: undetermined Budgeted (yes or no): yes Where Budgeted (department/program):TCDA Budget Additional Fiscal Notes: Funds borrowed from the General Fund will be repaid with Tax Increment Funds Attachments IGA INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ADMINISTRATIVE AND DEVELOPMENT SERVICES THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") entered into between the City of Tigard, an Oregon municipal corporation ("City"), and the Town Center Development Agency, an ORS chapter 457 public body ("Agency"), collectively the "Parties." RECITALS 1. Agency was duly activated as provided by law and pursuant to Tigard Municipal Code Chapter 2.64. The City Center Urban Renewal Plan was approved by City voters in 2006. In 2016, the Tigard City Council approved the Tigard Triangle Urban Renewal Plan. In 2017 the voters approved a substantial amendment expanding the Agency boundary and approved implementing the Tigard Triangle Urban Renewal Plan ("Plans"). 2. City has experience in providing administrative and development services for local governmental activities and desires, pursuant to ORS 190.010, et. seq. and ORS 457.320, to provide all services necessary and proper to assist and support Agency in carrying out its duties and responsibilities related to administering and implementing the Plans and future plans. 3. The Parties desire to have the City provide such services. This Agreement is intended to clarify the relationship between the Parties with respect to administrative services provided by the City to the Agency and various other issues related to their relationship as separate legal entities working towards common goals. The Parties agree that this Agreement may be revised or replaced in the future to reflect the evolving relationship of the parties, including the option of Agency reimbursing City for some or all of these services or providing certain services by other means. NOW, THEREFORE, THE PARTIES AGREE: Article 1: Term and Termination. This Agreement takes effect on the date last executed and continues in full force and effect until terminated by either Party providing not less than 30 days' written notice to the other Party. Article 2: City Services 2.1. City shall provide administrative and development services to Agency on an on-going as-needed basis. These may include but are not limited to: staff support for public meetings including preparing meeting notices, agendas, minutes and mailings; maintaining an Agency presence on the City's Internet site and other electronic media platforms; staff support of the Town Center Advisory Commission, record keeping; budget preparation, accounting, and financial reporting; public contracting and administration; payment of Agency obligations from Agency funds, real estate procurement and property management; project development, engineering and {00505496;2) management; administration and implementation of the Plans, and economic development services; and other duties and functions as may from time to time be required by the Agency. City shall provide such services in compliance with the laws of the State of Oregon, and in accordance with the Plans and this Agreement. City may contract with third-parties for provision of services. 2.2 City shall provide work space, equipment, supplies and such other items as City determines are necessary and appropriate to provide services to Agency. 2.3 In providing services under this Agreement, City shall comply with the Agency Plans and with any Agency policies and procedures. Unless agreed otherwise by the Parties, City policies and procedures shall apply in the absence of comparable Agency policies and procedures. 2.4 The City Manager shall serve as the executive director of Agency and may designate or appoint such other City employees to represent Agency and perform services for Agency as the City Manager deems appropriate and in accordance with City and Agency policies and procedures. 2.5 The City Attorney shall serve as general counsel for Agency unless agreed otherwise by the Parties. City or Agency may retain specialized counsel, such as bond counsel, as needed. 2.6 City shall segregate all Agency funds into one or more Agency funds in the City's accounting structure and shall be responsible for maintaining that segregation. City shall make debt service payments from Agency funds on behalf of Agency as such payments come due. City shall contract for or perform Agency annual audits as provided by law. 2.7 Personnel assigned by City to provide services under this IGA are employees of City only and City has final and exclusive authority over decisions to hire, terminate and discipline such employees. City is solely responsible for payment of salaries, benefits, taxes, workers compensation and all other employer obligations, subject only to any obligation of the Agency to reimburse City. Article 3. Agency Obligations. 3.1 Notwithstanding the services provided by City, Agency remains responsible for the oversight and management of the Plans and the urban renewal area, including but not limited to the financial health of Agency, designation of projects, property acquisition and disposition decisions, management decisions affecting the financial status of the URA, URA indebtedness threshold, capacity and issuance, Plan amendments; and budgeting. Agency shall coordinate with the City as necessary to ensure proper oversight and management of Agency activities. 3.2 Agency shall pay when due any reimbursement due and owing to City. {00505496;2} 3.3 The Executive Director and Agency Board retain the authority to determine that one or more services shall be provided directly by Agency or by third-parties other than City, to retain Agency staff and otherwise manage the affairs of Agency. Article 4. Loans and Advances. If requested by either Party, the other Party may, from time to time, advance funds to the requesting Party as permitted by law. Any such advance of funds and the purpose thereof shall be evidenced in writing in the form of a loan or other appropriate legal instrument, which shall not be valid until approved by the City Council and Agency Board unless authorized as part of the annual City and Agency budget process. Unless agreed otherwise by the Parties in the loan documents: 4.1. Interest on loans or advances from City to Agency shall accrue at the average rate earned on other funds invested by City and be calculated using the methodology used by City in allocating investment earnings to its various funds. Unless prepaid or otherwise provided in the loan agreement, each loan shall be repaid in ten substantially equal annual installments of principal on or before the 30th day of June of each fiscal year, with the first principal payment due on or before the 30th day of June in the fiscal year after the fiscal year in which the loan is made. Interest shall be paid annually on or before the 30th day of June of each fiscal year, commencing no later than the second fiscal year after the fiscal year in which the loan is made. 4.2 Agency pledges tax increment revenues for payment, subordinate to any bonded indebtedness that Agency is obligated to pay to third parties. 4.3 Loans made as part of the City and Agency annual budget process do not require further approval by the City or Agency. The amount of interest and loan duration on such loans shall be as provided in Section 4.1 unless the City Manager/ Executive Director of the TCDA determines that other terms and conditions are more appropriate. Article 5: Indemnification. Within the limits of the Oregon Tort Claims Act, each Party agrees to save and hold harmless and defend the other against all claims, suits, or actions whatsoever which arise out of the or result from the negligent or intentional acts of the party's officials, employees and agents under this Agreement. Article 6: Insurance. Each Party shall maintain in force, at its own expense, worker compensation insurance for all covered workers of that party in compliance with Oregon law, and general liability insurance in amounts not less than the limits of the Oregon Tort Claims Act as it may be amended from time to time. Article 7: Modification. This Agreement may be amended only by mutual Agreement of the Parties in writing. Article 8: Waiver. No provision of this Agreement may be waived except in writing by the party granting a waiver of compliance with this Agreement. A waiver shall not constitute a waiver of any other provision nor shall any one waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision of any other provision. {00505496;2} Article 9: Severability. If any term or provision of the Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. Article 10: Entire Agreement. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether written or oral, between the Parties with respect to such subject matter. Article 11: Non-Agency Relationship. Nothing in this Agreement is to be interpreted as creating or constituting an agency relationship between the parties. Each Party remains separate and neither assumes the debts, obligations or liability of the other by entering into this Agreement. Each Party is solely responsible for carrying out its duties and functions in accordance with all applicable laws and regulations. IN WITNESS WHEREOF, the execution of which having been first duly authorized according to law. City of Tigard Date Town Center Development Agency Date {00505496;2 AIS-3330 3. B. Business Meeting One Meeting Date: 12/05/2017 Length (in minutes): Consent Item Agenda Title: TCDA Board Consideration of Intergovernmental Agreement between TCDA and City Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Consent Agenda - CCDA Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Board of the TCDA authorize the Executive Director to sign an intergovernmental agreement (IGA) between the Town Center Development Agency and the City of Tigard for the provision of administrative and development services and loan terms between the entities? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends TCDA Board authorize the Executive Director to sign the IGA. KEY FACTS AND INFORMATION SUMMARY The proposed IGA between the City of Tigard and the Town Center Development Agency requires separate actions by the City Council and TCDA Board. The Council action also considered tonight, authorizes the City Manager to sign the IGA. The Board of the TCDA action authorizes the Executive Director of the TCDA to sign. OTHER ALTERNATIVES The Board could propose changes or not authorize the signing of the IGA. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard City Council Goals 2017-19 3. Make Downtown Tigard a Place Where People Want to Be. 5. Implement Tigard Triangle Strategic Plan. City Center Urban Renewal Plan Tigard Triangle Urban Renewal Plan DATES OF PREVIOUS CONSIDERATION This is first time presented for consideration. Fiscal Impact Cost: undetermined Budgeted (yes or no): yes Where Budgeted (department/program):TCDA Budget Additional Fiscal Notes: 1 J Funds borrowed from the General Fund will be repaid with Tax Increment Funds 3 ..... .__....... ,.. ._ .. .... ... _.. ... .. ... ....,. ..-..... _... a ..„.e Attachments IGA INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ADMINISTRATIVE AND DEVELOPMENT SERVICES THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") entered into between the City of Tigard, an Oregon municipal corporation ("City"), and the Town Center Development Agency, an ORS chapter 457 public body ("Agency"), collectively the "Parties." RECITALS 1. Agency was duly activated as provided by law and pursuant to Tigard Municipal Code Chapter 2.64. The City Center Urban Renewal Plan was approved by City voters in 2006. In 2016, the Tigard City Council approved the Tigard Triangle Urban Renewal Plan. In 2017 the voters approved a substantial amendment expanding the Agency boundary and approved implementing the Tigard Triangle Urban Renewal Plan ("Plans"). 2. City has experience in providing administrative and development services for local governmental activities and desires, pursuant to ORS 190.010, et. seq. and ORS 457.320, to provide all services necessary and proper to assist and support Agency in carrying out its duties and responsibilities related to administering and implementing the Plans and future plans. 3. The Parties desire to have the City provide such services. This Agreement is intended to clarify the relationship between the Parties with respect to administrative services provided by the City to the Agency and various other issues related to their relationship as separate legal entities working towards common goals. The Parties agree that this Agreement may be revised or replaced in the future to reflect the evolving relationship of the parties, including the option of Agency reimbursing City for some or all of these services or providing certain services by other means. NOW, THEREFORE, THE PARTIES AGREE: Article 1: Term and Termination. This Agreement takes effect on the date last executed and continues in full force and effect until terminated by either Party providing not less than 30 days' written notice to the other Party. Article 2: City Services 2.1. City shall provide administrative and development services to Agency on an on-going as-needed basis. These may include but are not limited to: staff support for public meetings including preparing meeting notices, agendas, minutes and mailings; maintaining an Agency presence on the City's Internet site and other electronic media platforms; staff support of the Town Center Advisory Commission, record keeping; budget preparation, accounting, and financial reporting; public contracting and administration; payment of Agency obligations from Agency funds, real estate procurement and property management; project development, engineering and {00505496,2} management; administration and implementation of the Plans, and economic development services; and other duties and functions as may from time to time be required by the Agency. City shall provide such services in compliance with the laws of the State of Oregon, and in accordance with the Plans and this Agreement. City may contract with third-parties for provision of services. 2.2 City shall provide work space, equipment, supplies and such other items as City determines are necessary and appropriate to provide services to Agency. 2.3 In providing services under this Agreement, City shall comply with the Agency Plans and with any Agency policies and procedures. Unless agreed otherwise by the Parties, City policies and procedures shall apply in the absence of comparable Agency policies and procedures. 2.4 The City Manager shall serve as the executive director of Agency and may designate or appoint such other City employees to represent Agency and perform services for Agency as the City Manager deems appropriate and in accordance with City and Agency policies and procedures. 2.5 The City Attorney shall serve as general counsel for Agency unless agreed otherwise by the Parties. City or Agency may retain specialized counsel, such as bond counsel, as needed. 2.6 City shall segregate all Agency funds into one or more Agency funds in the City's accounting structure and shall be responsible for maintaining that segregation. City shall make debt service payments from Agency funds on behalf of Agency as such payments come due. City shall contract for or perform Agency annual audits as provided by law. 2.7 Personnel assigned by City to provide services under this IGA are employees of City only and City has final and exclusive authority over decisions to hire, terminate and discipline such employees. City is solely responsible for payment of salaries, benefits, taxes, workers compensation and all other employer obligations, subject only to any obligation of the Agency to reimburse City. Article 3. Agency Obligations. 3.1 Notwithstanding the services provided by City, Agency remains responsible for the oversight and management of the Plans and the urban renewal area, including but not limited to the financial health of Agency, designation of projects, property acquisition and disposition decisions, management decisions affecting the financial status of the URA, URA indebtedness threshold, capacity and issuance, Plan amendments; and budgeting. Agency shall coordinate with the City as necessary to ensure proper oversight and management of Agency activities. 3.2 Agency shall pay when due any reimbursement due and owing to City. {00505496;2} 3.3 The Executive Director and Agency Board retain the authority to determine that one or more services shall be provided directly by Agency or by third-parties other than City, to retain Agency staff and otherwise manage the affairs of Agency. Article 4. Loans and Advances. If requested by either Party, the other Party may, from time to time, advance funds to the requesting Party as permitted by law. Any such advance of funds and the purpose thereof shall be evidenced in writing in the form of a loan or other appropriate legal instrument, which shall not be valid until approved by the City Council and Agency Board unless authorized as part of the annual City and Agency budget process. Unless agreed otherwise by the Parties in the loan documents: 4.1. Interest on loans or advances from City to Agency shall accrue at the average rate earned on other funds invested by City and be calculated using the methodology used by City in allocating investment earnings to its various funds. Unless prepaid or otherwise provided in the loan agreement, each loan shall be repaid in ten substantially equal annual installments of principal on or before the 30th day of June of each fiscal year, with the first principal payment due on or before the 30th day of June in the fiscal year after the fiscal year in which the loan is made. Interest shall be paid annually on or before the 30th day of June of each fiscal year, commencing no later than the second fiscal year after the fiscal year in which the loan is made. 4.2 Agency pledges tax increment revenues for payment, subordinate to any bonded indebtedness that Agency is obligated to pay to third parties. 4.3 Loans made as part of the City and Agency annual budget process do not require further approval by the City or Agency. The amount of interest and loan duration on such loans shall be as provided in Section 4.1 unless the City Manager/ Executive Director of the TCDA determines that other terms and conditions are more appropriate. Article 5: Indemnification. Within the limits of the Oregon Tort Claims Act, each Party agrees to save and hold harmless and defend the other against all claims, suits, or actions whatsoever which arise out of the or result from the negligent or intentional acts of the party's officials, employees and agents under this Agreement. Article 6: Insurance. Each Party shall maintain in force, at its own expense, worker compensation insurance for all covered workers of that party in compliance with Oregon law, and general liability insurance in amounts not less than the limits of the Oregon Tort Claims Act as it may be amended from time to time. Article 7: Modification. This Agreement may be amended only by mutual Agreement of the Parties in writing. Article 8: Waiver. No provision of this Agreement may be waived except in writing by the party granting a waiver of compliance with this Agreement. A waiver shall not constitute a waiver of any other provision nor shall any one waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision of any other provision. {00505496;2 Article 9: Severability. If any term or provision of the Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. Article 10: Entire Agreement. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether written or oral, between the Parties with respect to such subject matter. Article 11: Non-Agency Relationship. Nothing in this Agreement is to be interpreted as creating or constituting an agency relationship between the parties. Each Party remains separate and neither assumes the debts, obligations or liability of the other by entering into this Agreement. Each Party is solely responsible for carrying out its duties and functions in accordance with all applicable laws and regulations. IN WITNESS WHEREOF, the execution of which having been first duly authorized according to law. City of Tigard Date Town Center Development Agency Date {00505496;2} AIS-3364 3. C. Business Meeting One Meeting Date: 12/05/2017 Length (in minutes): Consent Item Agenda Title: Resolution to Form a Housing Options Task Force Prepared For: Schuyler Warren, Community Development Submitted By: Schuyler Warren, Community Development Item Type: Motion Requested Meeting Type: Consent Resolution Agenda Public Hearing: No Publication Date: Information ISSUE Shall the Community Development Department convene a Task Force to guide staff and Planning Commission with regard to the housing portion of the Policy and Procedures Phase II Development Code updates? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the resolution. KEY FACTS AND INFORMATION SUMMARY Background Staff is in the process of developing amendments to the development code as part of Phase II of the Policy and Procedures update. Phase I of this project restructured the code for ease of use and did not focus on major policy changes. Phase II includes policy changes related to the 2015 Strategic Plan Implementation Code Audit, the 2013 Housing Strategies Report, Senate Bill 1051, and needed changes collected by staff over the last five years. Because the recommendations from the Housing Strategies Report include policy changes that will allow new housing typologies in Tigard, staff is proposing to convene a Housing Options Task Force to provide feedback and guidance to staff and the Planning Commission. Purpose The purpose of this Task Force is to: • Create an environment conducive to multiple and diverse opinions and ideas; •Review and comment on draft materials prepared and presented by staff; •Ensure that proposed code changes are consistent with and supportive of applicable goals, policies, and actions in the Tigard Comprehensive Plan and the recommendations of the 2013 Housing Strategies Report; and •Promote public awareness and understanding of the proposed development code changes. Scope The scope of this Task Force focuses only on the portion of the Phase II amendment package that makes changes to the development code affecting the construction of housing. The specific topics this task force will be addressing with staff include: •Review and discussion of recommendations from the Housing Strategies Report as well as review the Tigard Comprehensive Plan, Metro Equitable Housing Report, and other guiding documents; •Review and discussion of missing middle housing typology case studies —Accessory Dwelling Units, Cottage Clusters, and Live/Work units; and •Review and discussion of proposed development code amendments. Composition Staff proposes the following composition of the Task Force: • 1 member from the Planning Commission; •2 members from other advisory committees (NIC, TCAC, Task Force for the Homeless); • 1 member from a regional housing advocacy group; and •3 members of the public-at-large Schedule The Task Force will meet in four separate sessions. The sessions will begin in January and continue every three weeks thereafter, or as agreed upon by the committee, concluding by April 12, 2018. OTHER ALTERNATIVES Utilize a pre-existing standing committee or commission to provide citizen guidance on proposed development code amendments. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION November 28, 2017 Attachments Resolution Memorandum CIP CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION ESTABLISHING A HOUSING OPTIONS TASK FORCE TO ADVISE STAFF DEVELOPING POLICY AMENDMENTS TO THE DEVELOPMENT CODE TO ALLOW A WIDER VARIETY OF HOUSING TYPES IN TIGARD WHEREAS,in 2013,the City received a Housing Strategies Report from Angelo Planning Group that induded recommendations for policy changes to allow a wider variety of housing options in Tigard,particularly missing middle housing types;and WHEREAS, on June 17, 2013, Council approved amendments to the Tigard Comprehensive Plan to update the Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 10 and Goal 2 through Ordinance 13-08;and WHEREAS,in 2016,Metro published the Opportunities and Challenges for Equitable Housing report,calling for a wider variety of housing types throughout the region,including missing middle housing types;and WHEREAS,in 2017, the Oregon State Legislature passed Senate Bill 1051, requiring certain housing types to be allowed and necessitating amendments to the Tigard Development Code;and WHEREAS, Goal 1.1 of the Tigard Comprehensive Plan is to provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process;and WHEREAS,Goal 10.1 of the Tigard Comprehensive Plan is to provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents;and WHEREAS,the Tigard Comprehensive Plan Goal 10 indudes an action measure to provide information about accessible design practice to housing developers,and the City desires to accommodate and encourage universal design in housing to support the diverse needs of its citizens;and WHEREAS, The Tigard Comprehensive Plan includes a policy that the city shall implement findings and recommendations from the 2013 Tigard Housing Strategies Report;and WHEREAS, The Tigard Comprehensive Plan includes a recommended action measure to propose adopting updates to the City's development code to enhance opportunities to develop accessory dwelling units, live /work housing units, cottage clusters, single- family attached housing and duplexes, consistent with the City's 2012 Housing Strategies Report;and WHEREAS,the Housing Options Task Force will advise staff during the drafting of policy amendments to the Tigard Development Code. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Housing Options Task Force is hereby established to review and comment on draft materials and to ensure that the Development Code Amendments are consistent with and RESOLUTION NO. 17- Page 1 supportive of applicable goals of the Tigard Comprehensive Plan. Its membership shall include representatives from the categories listed below Representative from the Planning Commission 1 Representatives from other advisory committees or task forces 2 Representative from a regional housing advocacy group 1 Representatives from the public-at-large 3 SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard A I LST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 2 u City of Ti and TIGARD Memorandum To: Honorable Mayor& City Council From: Schuyler Warren,Associate Planner Re: Housing Options Task Force Date: November 29, 2017 The purpose of this memorandum is to provide background on updates to the development code and to propose a purpose, scope,composition,and schedule for a Task Force to guide certain of those updates regarding housing. The attached Citizen Involvement Plan provides additional details on the planned public engagement methods associated with these updates to the development code. Background Staff is in the process of developing amendments to the development code as part of Phase II of the process and procedures update.Phase I of this project restructured the code for ease of use and did not focus on policy changes. Phase II includes policy changes related to the 2013 Housing Strategies Report,the 2015 Strategic Plan Implementation Code Audit,Senate Bill 1051,and needed changes collated by staff over the last five years. Because the recommendations from the Housing Strategies Report include policy changes that will allow new housing typologies in Tigard, staff is proposing to convene a Housing Options Task Force to provide feedback and guidance. Purpose The purpose of this Task Force is to: • Create an environment conducive to multiple and diverse opinions and ideas; • Review and comment on draft materials prepared and presented by staff; • Ensure that proposed code changes are consistent with and supportive of applicable goals, policies,and actions in the Tigard Comprehensive Plan and the recommendations of the 2013 Housing Strategies Report;and • Promote public awareness and understanding of the proposed development code changes. Scope Page 1 of 2 The scope of this task force is fairly limited,and focuses only on the portion of the Phase II amendment package that makes changes to the development code affecting the construction of housing. The specific topics this Task Force will be addressing with staff include: • Review and discussion of recommendations from the Housing Strategies Report as well as review the Tigard Comprehensive Plan,Metro Equitable Housing Report, and other guiding documents; • Review and discussion of missing middle housing typology case studies—Accessory Dwelling Units,Cottage Clusters,and Live/Work units; • Review and discussion of proposed development code amendments. Composition Staff proposes the following composition of the Task Force: • 1 member from the Planning Commission • 2 members from other advisory committees (NIC,TCAC,Homeless) • 1 member from a regional housing advocacy group • 3 members of the public-at-large Schedule The Task Force will meet in four separate sessions.The sessions will begin in January and continue every three weeks thereafter,or as the agreed upon by the committee,concluding by April 12,2018. Page 2 of 2 CITIZEN INVOLVEMENT PLAN (CIP) for Phase II Development Code Amendments Related to Housing Project Background In 2013,as part of a periodic review of the Comprehensive Plan required by the Department of Land Conservation and Development,the City of Tigard commissioned a housing needs analysis. The resulting Housing Strategies Report,prepared by Angelo Planning Group,made a number of policy recommendations related to allowing a wider variety of housing typologies in the city. These typologies generally fit into the"missing middle" of housing types that have been identified as needed region-wide,most recently by Metro's 2016 Equitable Housing Strategies document.These missing middle housing types are intended to bridge the gap between low density detached single-family residential housing types and higher-density multifamily and mixed-use structures. These housing types provide flexibility for families and allow older residents to age in place. One missing middle housing type,the accessory dwelling unit(ADU),has specifically been promoted by the American Association of Retired Persons for more than two decades as a solution to providing housing for seniors that allows them to remain integrated with their neighborhood and community. Missing middle housing has the added benefit of providing an affordable option to young couples and small families. Housing availability has become a major issue region-and state-wide.According to Emily Lieb, Equitable Housing Project Manager at Metro,the 2010-2014 American Community Survey showed that there were 67,000 renter households (over 4 of all renter households) in Washington, Clackamas,and Multnomah Counties paying more than half of their income toward rent.About half of these households (33,130) lived in Portland; the other half lived outside Portland in the rest of the three-county region. Rents have risen approximately 25% since these data were published,while incomes have increased at a slower pace over the same period,leading to an expectation that even more households are cost-burdened. The issue of housing availability and the concomitant problem of housing affordability have become so pressing in jurisdictions across the state that in 2017,the state legislature stepped in. In addition to other changes to encourage increased housing supply and affordability,the legislature enacted Senate Bill 1051. This bill requires all jurisdictions to provide for detached, attached,and interior ADUs in all residentially-zoned areas. Currently,the City of Tigard only allows attached and interior accessory dwelling units. Staff is currently developing amendments to the Tigard Development Code to address the requirements of SB1051 as well as the recommendations of the 2013 Housing Strategies Report for a greater variety of missing middle housing typologies in accordance with the Tigard Comprehensive Plan Goal 10. Page 1 Because these amendments represent policy changes, staff has developed a public engagement plan to meet Goal 1 of the Tigard Comprehensive Plan: To develop a citiren involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process. This Citizen Involvement Plan (CIP) explains how the City will garner public input regarding proposed Development Code changes. Goal of Citizen Involvement Plan To provide citizens the opportunity to participate in the preparation and adoption of amendments to the Tigard Development Code. Input Desired Tigard Development Code section 18.510 provides standards for the development of residentially-zoned properties.'1'UC section 18.710 provides additional standards for the development of accessory dwelling units. Each of these sections of the development code provides a guiding statement based on the goals of the Comprehensive Plan.The purpose statement of Section 18.510 in particular is to: PRESERVE NEIGHBORHOOD LIVABILITY One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods,by encouraging primarily residential development with compatible nonresidential development— schools,churches,parks and recreation facilities,day care centers,neighborhood commercial uses and other services—at appropriate locations and at an appropriate scale. ENCOURAGE CONST KUCI TON OFAFFORDABT.F HOUSING Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged.This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. Citizen Involvement Strategies GENERAL PUBLIC OUTREACH General public outreach will utilize the media and the internet to reach a broad population. • Media coverage–The city will prepare periodic press releases. • City website–A page on the City's website will provide information about the proposed code amendments, specific information about how to provide input on the code amendments,and contact information for the project manager. • City's Facebook page and Twitter–Posts will alert viewers about the code amendment Page 2 process. • Cityscape-The City's email newsletter will contain articles about the code amendment process. • Interested Parties Mailing List—As people express interest,the City will develop an interested parties list in order to maintain contact with those who want to follow the land use process.This list will include people from the developer interest groups,the community interest groups,and the general public. • Open House—The City will host an Open House to explain and gather input on the proposed development code changes.The Open House will be advertised in various community calendars,as well as through all the outreach efforts listed above. COMMUNITY GROUPS OUTREACH Staff will send notice of the Open House and public hearings to the following organizations: Home Builders Association of Metro Portland,Portland Metropolitan Association of Realtors, affordable housing providers,neighborhood associations,and additional groups that could have an interest in the project or that have requested notifications. HOUSING OPTIONS TASK FORCE Staff has proposed convening an task force to provide guidance and feedback on proposed changes. PLANNING COMMISSION WORK SESSION The Planning Commission will hold at least one work session to consider the recommendations of staff and the task force and to review and incorporate public input.All planning commission agenda packets are posted on the city's website. MEASURE 56 NOTICE Although the proposed changes to housing policy are not anticipated to included changes that limit or prohibit currently permissible land uses,the rest of the code package most likely will. As a result,pursuant to Measure 56,notice will be provided to all property owners in Tigard who are likely to be affected by the changes. PUBLIC HEARINGS Pursuant to Tigard Development Code section 18.390.060.D,notice of all public hearings pertaining to amending the Tigard Development Code will be published in the Tigard Times newspaper. Notices will also be sent to the list of interested parties and the agenda packets sent to the Planning Commission and City Council's respective mailing lists. Both the Planning Commission and the City Council will hold public hearings on the proposed legislative code amendments. NOTICE TO DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT The State of Oregon Department of Land Conservation and Development(DLCD)will be notified of development code amendments prior to the Tigard Planning Commission public hearing on proposed changes. DLCD will be notified after these amendments have been adopted by the Tigard City Council. Page 3 AIS-3293 4. Business Meeting One Meeting Date: 12/05/2017 Length (in minutes): 5 Minutes Agenda Title: Appoint Budget Committee Members Prepared For: Toby LaFrance, Finance and Information Services Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall the City Council appoint the following to the Budget Committee: Clifford Rone and Timothy Cadman to three-year terms, ending December 31, 2020 and Liz Newton to a two-year term, ending December 31, 2019, and Chris Bence as an alternate for a one-year term beginning on January 1, 2018? STAFF RECOMMENDATION / ACTION REQUEST Approve the recommended appointments to the Budget Committee. KEY FACTS AND INFORMATION SUMMARY Due to regularly expiring terms and members moving outside of the city of Tigard, there are three voting positions and one alternate position that needs to be filled on the Budget Committee. The Appointments Advisory Committee (Mayor Cook and Councilor Snider) interviewed 14 citizen candidates. The committee is recommending the City Council appoint Clifford Rone and Timothy Cadman to three-year terms, ending December 31, 2020. The committee also recommends Liz Newton to a two-year term, ending on December 31, 2019. Lastly, the committee recommends the non-voting alternate be Chris Bence for a one-year term, ending December 31, 2018. OTHER ALTERNATIVES Council could decide to not approve some or all of the recommendations. This would require reopening the recruitment. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. DATES OF PREVIOUS COUNCIL CONSIDERATION NA Attachments Budget Committee Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION APPOINTING CLIFFORD RONE,TIMOTHY CADMAN AND LIZ NEWTON TO THE BUDGET COMMITTEE AND APPOINTING CHRIS BENCE AS AN ALTERNATE MEMBER. WHEREAS, two positions are open on the city's budget committee due to Clifford Rone completing his established term,and Rajendra Patel has completed his term as an alternate member; WHEREAS, an additional two positions are open to fill due to members moving outside the city limits of Tigard; WHEREAS, the Mayor's Appointments Advisory Committee (Mayor Cook and Councilor Snider) conducted interviews of fourteen individuals on November 20,2017;and WHEREAS, the Appointments Advisory Committee has recommended that Clifford Rone be appointed to the city's Budget Committee. In addition, the committee has recommended that Chris Bence be appointed as an alternate member. Lastly, Timothy Cadman and T.i7 Newton have been recommended to fill the positions made vacant by the members moving out of Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Clifford Rone and Timothy Cadman are appointed to three-year terms on the City of Tigard's Budget Committee beginning January 1,2018 and ending on December 31,2020. SECTION 2: T.i7 Newton is appointed to a two-year term, beginning January 1, 2018 and ending on December 31,2019. SECTION 2: Chris Bence is appointed to a one-year term as an alternate member on the City of Tigard's Budget Committee beginning January 1,2018 and ending on December 31,2018. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 SUPPLEMENTAL PACKET BUDGET COMMITTEE MEMBER BIO FOR (DATE OF MEETING) Clifford Rone Clifford has lived in Tigard for thirty-four years and is an experienced member of the City of Tigard's Budget Committee.Although he is semi-retired, he does consulting work. He has been on numerous associations and boards,including conservation and habitat groups. Timothy Cadman Timothy has lived in Tigard for over two years; he previously lived in Corvallis and Sacramento. He has a Master's degree in Finance and a Bachelor's degree in Mechanical Engineering. He worked for many hears in finance at Hewlett-Packard and now is employed at a startup in a financial capacity. He served on the Budget Commission for the City of Corvallis for seven years. Elizabeth (Liz)Newton Liz has lived in Tigard for fourteen years,and retired from the City of Tigard as the Assistant City Manager earlier this year.While with the city,she wore many hats. With her work experience,she has extensive knowledge of city budgeting and the process. Chris Bence (alternate) Chris has lived in Tigard for two years. He has a Bachelor's degree in Mechanical Engineering and the a Product Development Engineer. He has been involved in community activities but this appointment is his first in Tigard. AIS-3294 5. Business Meeting One Meeting Date: 12/05/2017 Length (in minutes): 5 Minutes Agenda Title: Appoint Audit Committee Members Prepared For: Toby LaFrance, Finance and Information Services Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Consider a resolution to appoint Jeremy Nichols and Ann McElligott as members of the Audit Committee. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of this resolution. KEY FACTS AND INFORMATION SUMMARY On November 20, 2017, Mayor Cook and Councilor Snider interviewed 3 candidates and recommended Jeremy Nichols for the voting position on the audit committee, beginning on January 1, 2018 and end on December 31, 2020. Ann McElligott is recommended as the alternate member, beginning her term on January 1, 2018, ending on December 31, 2018. OTHER ALTERNATIVES The City Council not appoint the recommended citizens and the staff do another recruitment. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS NA DATES OF PREVIOUS COUNCIL CONSIDERATION NA Attachments Resolution audit committee CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON APPOINTING JEREMY NICHOLS AS A VOTING MEMBER TO THE AUDIT COMM FLEE AND ANN MCELLIGOTT AS AN ALTERNATE ON THE ON AUDIT COMMITTEE. WHEREAS, two positions are open on the city's audit committee; and WHEREAS,Mayor Cook and Councilor Snider conducted an interview of 3 candidates on November 20,2017 for the Audit Committee;and they have recommended that Jeremy Nichols be appointed to the city's Audit Committee as a voting member-replacing Melody Graber,whose term ends December 31,2017.Jeremy Nichols term will begin on January 1,2018 and end on December 31,2020. WHEREAS,Mayor Cook and Councilor Snider interviewed Ann McElligott on November 20,2017 and recommended she be appointed as the alternate,replacing Aaron Fahr,whose one-year term ends on December 31,2017.Ann McElligott's term will begin on January 1,2018 and end on December 31,2018. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Jeremy Nichols is appointed to a three-year term on the City of Tigard's Audit Committee, ending on December 31, 2020 and that Ann McElligott be appointed as the alternate member of the Audit Committee,ending on December 31,2018. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of ,2017. Mayor- City of Tigard ATTEST: City Recorder-City of Tigard SU LEM AUDIT COMMITTEE MEMBER BIO FOR r : Fili-IVITAEL/E/PT:INIGK')//aET Jeremy Nichols Jeremy has lived in Tigard for fifteen years. He has a Master's Degree in Business Administration, as well as his Certified Public Accountant license, and is currently employed as a Controller for Interstate Roofing.Being on the Audit Committee is his first community activity venture. Ann McElligatt Ann has lived in Tigard for four years;she previously lived in Portland.She holds a Master's Degree in Applied Information Management and worked as a CPA and Controller.Additionally,she was Audit Manager in the City of Portland. Other volunteer activities include Board of Director/Treasurer of Campfire Neighborhood House. AIS-3224 6. Business Meeting One Meeting Date: 12/05/2017 Length (in minutes): 40 Minutes Agenda Title: LEGISLATIVE PUBLIC HEARING: Consider Amendment to TMC Chapter 10.28 - Proposed Parking Program Submitted By: Buff Brown, Community Development Item Type: Ordinance Meeting Type: Council Resolution Business Public Hearing - Legislative Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE This is a public hearing for updates to the parking ordinance and the abandoned vehicle ordinance. The parking ordinance, TMC 10.28, is being considered for amendments that include a new 4-hour time-limited parking option, a parking permit option, and the removal of location-specific code that can now be specified by signage. These amendments also include minor changes to the abandoned vehicle ordinance,TMC 7.60. This also includes a resolution to amend and include parking fines and parking permit fees into the Master Fees and Charges Schedule. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the ordinance amendments, and approval of the resolution to the Master Fees and Charges Schedule. KEY FACTS AND INFORMATION SUMMARY The downtown has seen new levels of demand for parking over the last year. Surveys of parking have shown that areas of on-street parking downtown are at capacity for a number of hours each weekday. Enforcement of the 2-hour parking was increased after surveys indicated numerous 2-hour violations were reducing customer access. Meanwhile, Atwell-Off-Main opened and an influx of new residents also brought increased demand. A 3-phased parking plan was devised to optimize downtown public parking for customers, employees, and residents. Phases 1 and 2 have been completed, which expanded the on-street 2-hour parking areas. Phase 1 included making Ash at Burnham 2-hour parking (completed in April 2017), and Phase 2 included making Tigard Street and a portion of Burnham 2-hour parking (completed in November 2017). Phase 3 is to make sure cars are not being stored on the street, and that employee and residential parking is available in low-turnover areas. This is also an opportunity to update the parking code (TMC 10.28) and the abandoned vehicle code (TMC 7.60) to improve clarity and consistency and make minor changes relating to updated state statutes and make minor improvements to the ordinance. The ordinance amendments fall into 4 categories: 1. Updated Terminology and Clarification: These are minor changes due to new terminology in state statutes and to help clarify ordinance language, some are changes to the code to be consistent with state statute, and some are minor changes to what activities are allowed or are prohibited. This also includes real changes and clarifications to the Abandoned Vehicle section (7.60). 2. Parking Regulation as Specified by Signage: A substantial number of provisions in the current Tigard Municipal Code 10.28 are detailed descriptions of locations where particular parking regulations apply. These details are being removed and replaced with "...as specified by signage." On April 5, 2016, the City Council amended an ordinance to give authority to the City Manager to make changes to parking by managing the signage. These ordinance changes align with that amendment. 3. Permit Parking These are additions to the code that create a 4-hour time limit and create a permit option that exempts permit holders from the 4-hour time limit. 4. Disabled Parking: The ordinance is updated with the language in the state statute for clarity and enforceability. The changes to the Master Fees and Charges Schedule includes a new section specific to parking and will list the violation fines and permit fees. Based on peer cities comparison and recent enforcement, staff recommends the overtime parking fine remain $50, parking illegally in a space for persons with disabilities - $160 (similar to state fines), all other parking violations - $50, a monthly parking permit fee - $35. The cost of a construction parking permit is recommended at $5/weekday if parking in 2-hour spaces and $3/weekday for 4-hour spaces. OTHER ALTERNATIVES The Council may recommend changes to the language and may recommend adjustments to fees and fines, or may deny or delay the amendments and/or the resolution. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Strategic Plan: Goal #2: Ensure development advances the vision. Objective #1: ... Encourage town center development and business expansion (Washington Square, Downtown,Triangle), including high-density housing development around shopping, business and transit. City Center Urban Renewal Plan: Goal #4: Downtown's streetscape and public spaces should be pedestrian-friendly and not visually dominated by the automobile. Goal #5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments. DATES OF PREVIOUS COUNCIL CONSIDERATION 7/18/17 Downtown Parking Ordinance Introduction, Buff Brown 5/9/17 Downtown Parking Plan, Buff Brown 4/5/16 Amend Parking Ordinance, Sean Farrelly 12/1/15 Update on Downtown Parking, Sean Farrelly 6/2/15 Downtown Parking Plan Update, Sean Farrelly 12/2/14 Downtown Parking Management Update, Sean Farrelly Fiscal Impact Fiscal Information: Estimates of Permit sales initially is 25 permits/month. At $35/month, this is $875/month. Permits decals are a nominal cost and are not reissued every month, only one is issued for each permit holder. We are expecting at least 90% of sales to be on-line, and 10% by walk-in. On line has no cost except for a 1-time visit to hand out the permit. We expect 3 visits per month for walk-in sales, which requires a form filled out and money taken. Labor is expect to be 1 hour/week total for sales and administration, or 4 hrs/month at about $300/month. It is possible this will expand the enforced-parking areas for the police department, initially adding 20 spaces to their current 150 spaces to enforce. Current enforcement efforts are estimated at .15 FTE. The new 4-hour zones add 13% or another .02 FTE (estimated at $250/month). Without counting citation revenues, this shows it to be nearly cost neutral: $875 monthly revenue, $550 monthly expenses. Revenues only include permits, but there will be revenue from citations that this analysis is not including. If the 4-hour zones expand, this will be accompanied by additional permit sales. Attachments Parking Ordinance Exhibit A-TMC 10.28 Exhibit B-TMC 7.60 Master Fees Resolution Exhibit C-Parking Fees&Fines Public Testimony Exhibit B TIGARD MUNICIPAL CODE Chapter 7.60 ABANDONED OR STORED VEHICLES. c. The vehicle appears to be wrecked, partially dismantled or junked, Sections: 7.60.010 Definitions. "stored" as that term is defined in Section 7.60.015 Abandoned Or Stored Vehicles- 10.28.022(3)of this Code; or -Offense. 7.60.020 Removal--Notice. e. The vehicle has remained in the 7.60.030 Removal--Procedure. .. . .•, . . • - - . .. 7.60.040 Information Provided By radius of its earlier position, for a period of at least Tower. thirty(30)days. 7.60.050 Impoundment--Notice. 7.60.055 Hearing To Contest Validity Of 2. "City" means the City of Tigard. Custody And Removal. 7.60.057 Exemption For Criminal 3. "Costs" means all expenses associated Investigation. with the towing, storing and selling a vehicle in 7.60.060 Appraisals. violation of Section 7.60.015. 7.60.070 Vehicles--Disposition. 7.60.080 Sale--Notice. 4. "Chief of Police" includes the Chief, 7.60.090 Sale--Procedure. designee of the Chief or any authorized law 7.60.100 Redemption Before Sale. enforcement officer of the City, including code 7.60.110 Sale--Proceeds Disposition. enforcement officers. 7.60.120 Application. 7.60.130 Charges. 5. "Owner" means any individual, firm, 7.60.140 Forms. corporation or unincorporated association, 7.60.150 Claim Of Owner To Proceeds. partnership, limited liability company or other entity with a claim,either individually or jointly,of 7.60.010 Definitions. ownership or any interest of record, legal or equitable, in a vehicle. A. As used in this chapter, unless the context requires otherwise: 6. "Stored" or "Storage" means any vehicle that has remained in the same location for a 1. "Abandoned" or "abandoned vehicle" minimum of seven(7)consecutive days. means any vehicle that has been deserted or relinquished. A vehicle shall be considered 67. "Vehicle"means every device in,upon or abandoned if it has remained in the same location by which any person or property is or may be for more than twenty-four hours and one or more transported or drawn upon a public highway, of the following conditions exist: except devices used exclusively upon stationary rails or tracks. (Ord. 97-04; Ord. 92-31 §1, 1992; a. The vehicle has an expired license Ord. 90-04 §1, 1990; Ord. 73-24 §1, 1973). plate; or 7.60.015 Abandoned Or Stored Vehicles- b. The vehicle appears to be -Offense. inoperative or disabled;or 7-60-1 SE Update: 12/01 TIGARD MUNICIPAL CODE 1. It shall be unlawful for any person to examining the records of the appropriate abandon a vehicle on any public right of way or Department of Motor Vehicles. other public property within the City of Tigard. The owner(s)of the vehicle shall be responsible for B. If a vehicle is found abandoned or stored as any and all monies incurred or charges associated described above, the City shall give notice to with the cost of the removal, storage, detention, remove the vehicle by both the following methods: maintenance and disposition of the abandoned or stored vehicle. 1. By affixing a notice to tow the vehicle with the information set out in subsection C.below; 2. Except for those vehicles subject to the and provisions of subsection 3 below, a vehicle found to be in violation of subsection 1 above, is subject 2. By mailing notice,by via first class mail to the provisions for notice,removal,impoundment and also certified mail with the receipt stamped as and disposition as provided for under 7.60.020, proof of mailing, at least five (5) days prior to 7.60.030, 7.60.050, and 7.60.070 to 7.60.110 of towing the vehicle. A notice may also be sent to this Chapter. any other persons who reasonably appear to have an interest in the vehicle.The five-day period under 3. In the event a vehicle is abandoned or this paragraph does not include holidays,Saturdays stored upon a public right of way or on public or Sundays. property which vehicles has, on two prior occasions within a one (1) year period, been C. The notice referenced in subsection B. above identified by the Chief of Police as abandoned or shall state: stored and the owner thereof has been given notice consistent with the terms of Section 7.60.020 on 1. That the vehicle violates Chapter 7.60 of both prior occasions,then the vehicle is deemed to this the Tigard Municipal Code and as a result, is be a threat to the traveling public and can therefore subject to being towed and impounded if the be immediately towed and impounded by the City vehicle is not removed within twenty four hours without prior notice to the owner or apparent owner the listed tow date and time. thereof. However,notice consistent with 7.60.050 shall be sent to the owned or apparent owner 2. That the vehicle, if towed and thereof within forty-eight (48) hours of the impounded, will be subject to towing, storage and impoundment, excluding Saturdays, Sundays and other related charges and costs and may be sold to legal holidays. satisfy those charges. 4. The violation of this Chapter is a Class B 3. That the owner or lawful possessor traffic infraction. (Ord. 97-04; Ord. 90-04 §1, having an interest in the vehicle is entitled to a 1990). hearing, to contest the proposed tow and the reasonableness of any charge resulting from the 7.60.020 Removal--Notice. tow as well as for any cost of impoundment. A. It shall be the duty of the Chief of Police, 4. That a hearing must be requested within whenever a vehicle is found abandoned or stored five (5) business days of the mailing date of the on any public right-of-way or public property, to notice. determine the owner(s)thereof, by any reasonable means necessary including but not limited to D. In the event a vehicle is abandoned or stored 7-60-2 SE Update: 12/01 TIGARD MUNICIPAL CODE in a location or manner as to constitute an imminent 7.60.050 Impoundment--Notice. or immediate hazard or obstruction to traffic, the Chief of Police may immediately take custody of A. If the City takes custody of a vehicle, it shall and remove said vehicle without giving the notice provide, by first class mail and also by certified provided for above prior to the tow and mail with the receipt stamped as proof of mailing, impoundment. (Ord. 97-04; Ord. 90-04 §3, 1990; within forty-eight hours of the removal, notice to Ord. 73-24 §2, 1973). the owners of the vehicle as shown in the records of the Department of Motor Vehicles of the 7.60.030 Removal--Procedure. availability of a right to a hearing to contest the towing and impoundment. The forty-eight hour A. An abandoned or stored vehicle which period does not include holidays, Saturdays or remains in the same position, or remains within a Sundays. five hundred foot radius has not been moved a minimum of five hundred feet from of its earlier B. Any notice given under this section after a position for a period of five (5) days (holidays, vehicle is taken into custody and removed shall Saturdays and Sundays not included) after an state all of the following: owner has been requested to remove it or after notice has been served as required by Section 1. That the vehicle has been impounded as 7.60.020, may be removed by the police a result of its violation of Chapter 7.60 of the department using their own personnel, equipment Tigard Municipal Code; or facilities or those of others. (Ord. 97-04; Ord. 92-31 §2, 1992; Ord. 90-04 §4, 1990: Ord. 73-24 2. The place where the vehicle is §3, 1973). impounded or the telephone number and address of the appropriate authority that will provide the 7.60.040 Information Provided By information; Tower. 3. That the vehicle is subject to towing and A. A person who tows a vehicle at the request of storage charges as well as the accruing rate for the the City shall provide notice to the person claiming daily storage charges; the vehicle,containing the following information: 4. That the vehicle and its contents are 1. That the vehicle has been towed for subject to lien for payment of the towing and violation of the Tigard Municipal Code; and storage charges and that the vehicle and its contents may be sold by the City or the towing and storage 2. That a hearing may be requested to facility to cover the charges if the charges are not contest the validity of the tow, the time within paid within fifteen(15)days; which to make the request, and the method for making the request. 5. That the owner of the vehicle and/or its contents is entitled to a prompt hearing to contest B. Each person who redeems a vehicle shall sign the validity of custody and the reasonableness of a copy of the receipt issued, indicating that they the charges therefor; have received notice of their right to a hearing. (Ord. 97-04; Ord. 90-04 §5, 1990; Ord. 73-24 §4, 6. That the hearing must be requested not 1973). more than five (5) days, (holidays, Saturdays or Sundays not included),from the mailing date of the 7-60-3 SE Update: 12/01 TIGARD MUNICIPAL CODE notice and the method for requesting a hearing; a. Invalid, the City shall order the 7. That the vehicle and its contents may be immediate release of the vehicle to the owner or immediately reclaimed by presentation to the other person who demonstrates a right to appropriate authority of satisfactory proof of possession of the vehicle. If the vehicle is ordered ownership or right to possession and payment of released,the person to whom the vehicle is released all the accrued towing and storage charges. (Ord. is not liable for any predecision towing or storage 97-04;Ord. 90-04 §6, 1990;Ord. 73-24 §5, 1973). charges. If the person has paid the towing and storage charges,the City shall reimburse the person 7.60.055 Hearing To Contest Validity Of for the payment. The person shall be liable for Custody And Removal. storage charges incurred more than twenty-four hours after the time the vehicle is officially ordered A. An owner or any other person who reasonably released to the person. appears to have an interest in the vehicle may request a hearing to contest the validity of the tow b. Valid, the City shall order the and/or impoundment of a vehicle by submitting a vehicle be held until the costs of the hearing and all written request for hearing with the City not more towing and storage costs are paid. If the vehicle than five (5) days from the mailing date of the has not yet been removed, the City shall order its notice. The request shall state the reason(s) why removal. the owner or other interested person believes that tow and/or impoundment is or would be improper. 5. A person failing to appear at a hearing is A hearing shall comply with all of the following: not entitled to another hearing unless the person provides the City satisfactory proof for the person's 1. Upon receipt of a proper request for a failure to appear. hearing, the City shall set a time for a hearing within seventy-two(72)hours of the receipt of the 6. The City is only required to provide one request and shall provide notice of the hearing to (1) hearing each time it proposes to or takes a the owners of the vehicle. The seventy-two hour vehicle into custody and thereafter removes the period in this subsection does not include holidays, vehicle. Saturdays or Sundays. 7. The Hearings Officer may be an officer, 2. Hearings held under this section may be official or employee of the City,other than the City informal in nature, but shall afford a reasonable police departmefnt,but may not have participated opportunity for the person requesting the hearing to in any determination or investigation related to the demonstrate by the statements of witnesses and tow and/or impoundment of the vehicle. The other evidence, that the tow and/or storage of the Hearings Officer may promulgate rules for vehicle was invalid, or for any other reason not conducting hearings. justified. 8. The determination of the Hearings 3. The City shall provide a written Officer at a hearing is final and not subject to statement of the results of the hearing to the person appeal. (Ord. 97-04; Ord. 90-04 §7, 1990). requesting the hearing. 7.60.057 Exemption For Criminal 4. If the City finds after a hearing that the Investigation. custody and removal of a vehicle was: 7-60-4 SE Update: 12/01 TIGARD MUNICIPAL CODE A vehicle that is being held as part of any affidavit and expiration of the time period stated in criminal investigation is not subject to any subsection 2: of this section, the Chief of Police requirements of Section 7.60.020, 7.60.050 and may, without notice and public auction, dispose of 7.60.055. (Ord. 97-04;Ord.90-04 §8, 1990). the vehicle and execute a certificate of sale. 7.60.060 Appraisals. 4. The certificate of sale shall be substantially as follows: A person who is issued an appraiser certificate by the Department of Motor Vehicles shall be the CERTIFICATE OF SALE only person qualified to appraise vehicles for sale under Sections 7.60.070 and 7.60.080 through This is to certify that under the provisions of 7.60.090. (Ord. 97-04; Ord. 90-04 §9, 1990: Ord. Ordinance No. 73- entitled 'An Ordinance 73-24 §6, 1973). Providing for the Impounding and Disposition of Abandoned Vehicles', I did on the _ day of 7.60.070 Vehicles--Disposition. 4-920 ,sell to for the sum of $ cash,the following described personal property,to- A. As often as necessary,the Chief of Police shall wit: be provided with a list of all unclaimed vehicles which have been towed and stored by or for the (Brief description of property) City. Dated this day of ,4-920 . 1. If the vehicle has been stored for more than fifteen (15) days and has been appraised at Note:The City of Tigard assumes no responsibility seven hundred fifty dollars ($750) or less, or has as to the condition of title of the above described been in storage for thirty (30) days or longer, the property. In case this sale shall for any reason be Chief of Police shall as soon as convenient, invalid,the liability of the City of Tigard is limited authorize the sale of the vehicle in accordance with to the return of the purchase price. the provisions of any contract pertaining thereto. If there is no contract, the Chief of Police shall file 5. In the event a vehicle is sold in with the Department of Motor Vehicles the license accordance with the provisions of a contract, the plates, if any, and an affidavit describing the Chief of Police shall ensure that,at the time of sale, vehicle, stating the location and appraised value of that a certificate of sale in substantially the same the vehicle, and stating that the vehicle will be form as described in subsection 4-of this section is junked or dismantled. The Chief of Police or issued to the purchaser. (Ord. 97-04; Ord. 90-04 designee shall state that notice of intent to junk or §§10, 11, 1990;Ord. 73-24 §7, 1973). dismantle the vehicle has been sent with notification of the location of the vehicle to the 7.60.080 Sale--Notice. owner. A. The Chief of Police may decide to sell at 2. Failure of the owner to reclaim the public auction any vehicle which has not been vehicle within fifteen (15) days after the date claimed within thirty(30)days and which is valued notification is mailed shall constitute a waiver of at seven hundred fifty dollars ($750) or more, if his interest in the vehicle. there is no contract authorized by the Council pertaining thereto. If there is to be a public auction, 3. Upon completion and forwarding of the the Chief of Police shall cause to be published,in a 7-60-5 SE Update: 12/01 TIGARD MUNICIPAL CODE newspaper of general circulation within the City, a notice of sale which shall state: CERTIFICATE OF SALE 1. The sale is of abandoned property in the This is to certify that under the provisions of City's possession; Ordinance No. 73- entitled, 'An Ordinance Providing for the Impounding and Disposition of 2. A description of the vehicle, including Abandoned Vehicles',and pursuant to due notice of the type, make, license number, I$ vehicle the time and place of sale, I did on the day of identification number and any other information ,4.5320 , sell at public auction to ,for the which will aid in accurately identifying the vehicle; sum of$ cash, he being the highest 3. The terms of the sale; bidder, and that being the highest and best sum bid therefor, the following described personal 4. The date,time and place of the sale. property,to-wit: B. The notice of sale shall be published two (Brief description of the property) times. The first publication shall be made not less than ten(10)days prior to the date of the proposed And in consideration of the payment of the sale, and the second shall be made not less than said sum of$ , receipt whereof is hereby three(3)days prior to the date of the proposed sale. acknowledged, I have this day delivered to said (Ord. 97-04; Ord. 90-04 §12, 1990;Ord. 73-24 §8, purchaser the foregoing property. 1973). Dated this day of ,41320 . 7.60.090 Sale--Procedure. Note: The City of Tigard assumes no A. If the Chief of Police decides to sell any responsibility as to the condition of title of the vehicles under the provisions of Section 7.60.080, above described property. In case this sale shall for the sale shall be at the time and place appointed any reason be invalid, the liability of the City of with the vehicle to be sold in view. Tigard is limited to the return of the purchase price. (Ord.97-04;Ord.90-04§13, 1990;Ord.73-24 §9, B. The vehicle shall be sold to the highest bidder, 1973). providing that if no bids are entered, or those bids which are entered, are less than the costs incurred 7.60.100 Redemption Before Sale. by the City, the Chief of Police may enter in his discretion a bid on behalf of the City in an amount A. An owner may redeem a vehicle impounded equal to such costs. under the provisions of this Chapter, before a sale or disposition has taken place, by applying to the C. At the time of payment of the purchase price, Chief of Police. The redemption application shall the Chief of Police shall execute a certificate of include: sale, in triplicate, the original of which shall be delivered to the purchaser,a copy thereof filed with I. Evidence satisfactory to the Chief of the City Recorder, and a copy transmitted to the Police of the applicant's ownership or other interest Oregon Department of Motor Vehicles. in the vehicle,that such claim is rightful; and D. The certificate of sale shall be substantially as 2. Pay any and all costs associated with the follows: towing and storage of the vehicle due and owing at 7-60-6 SE Update: 12/01 TIGARD MUNICIPAL CODE the time the application is made. 7.60.110 Sale--Proceeds Disposition. B. Upon compliance with subsection A of this A. Upon a sale being consummated,the Chief of section, the Chief of Police shall execute a receipt Police shall deliver the vehicle and the certificate for the owner and cause the vehicle to be returned of sale to the purchaser. The sale and conveyance to him. (Ord. 97-04; Ord. 73-24 §10, 1973). shall be without redemption. B. The proceeds of a sale shall be applied: 1. To payment of costs incurred by the City; and 2. The balance, if any, shall be transferred to the City Recorder, to be credited to the general fund of the City. (Ord. 97-04; Ord. 73-24 §11, 1973). 7.60.120 Application. This Chapter shall apply to all abandoned vehicles now in the possession of the City, as well as to abandoned vehicles that are hereafter impounded.(Ord. 97-04;Ord. 73-24 §12, 1973). 7.60.130 Charges. A person or owner entitled to a vehicle held under the provisions of this Chapter is not liable for nor shall be required to pay storage charges for a period in excess of sixty (60) days. (Ord. 97-04; Ord. 90-04 §14, 1990: Ord. 73-24 §13, 1973). 7.60.140 Forms. All forms necessary to implement and enforce the provisions of this Chapter shall be prepared and on file in the City Recorder's office. (Ord. 97-04; Ord. 90-04 §15, 1990:Ord. 73-24 §14, 1973). 7.60.150 Claim Of Owner To Proceeds. A. If the vehicle is sold by the Chief of Police under the provisions of Sections 7.60.070 or 7.60.080 and 7.60.090,then at any time within two (2) years after the sale of the vehicle the former 7-60-7 SE Update: 12/01 TIGARD MUNICIPAL CODE owner of the vehicle may recover the proceeds of the sale,as deposited in the general fund of the City pursuant to section 7.60.110,by filing a claim with the City Treasurer. Such claims shall be audited in the same manner as other claims against the City. B. If the vehicle is sold under the provisions of a contract, the balance of the proceeds of the sale, with a return of sale,shall be transmitted to the City Treasurer for deposit in the general fund of the City. The towing and storage facility under contract may deduct from the proceeds of the sale the costs incurred in the sale and the costs and expenses in the removal, preservation and custody of the vehicle. At any time within two (2) years after the sale of the vehicle the former owner of the vehicle may recover the proceeds of the sale, as deposited in the general fund of the City, by filing a claim with the City Treasurer. (Ord. 97-04; Ord. 90-04 §16, 1990: Ord. 73-24 §15, 1973).111 7-60-8 SE Update: 12/01 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- AN ORDINANCE AMENDING SECTIONS 10.28 AND 7.60 OF THE TIGARD MUNICIPAL CODE RELATING TO PARKING AND ABANDONED OR STORED VEHICLES. WHEREAS, the Tigard Municipal Code for Abandoned Vehicles, TMC 7.60, is in need of update for consistency with language in state statute and for consistent definitions of abandoned and stored vehicles;and WHEREAS, the Tigard Municipal Code for Parking,TMC 10.28, painstakingly lists every location for limited and no parking zones;and WHEREAS, the amendment simplifies TMC 10.28 so that limited and no parking will be designated by signage;and WHEREAS, the amendments create new tools to manage parking with 4-hour parking for low-turnover areas and the ability for the public to purchase a permit to park all day in 4-hour or permit-only zones;and WHEREAS, the Tigard City Council has determined that the proposed code amendments are in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 10.28 is amended as shown in "Exhibit A" (additional language underlined and deleted language stricken). SECTION 2: Tigard Municipal Code Chapter 7.60 is amended as shown in "Exhibit B" (additional language underlined and deleted language s.trrielteti). SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2017. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2017. John L. Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 17- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 10.28 PARKING 10.28.170 Parking Prohibited In Specified Places Sections: 10.28.175 Residential Parking Zones 10.28.180 Definitions For Sections 10.28.010 Definitions 10.28.190 Through 10.28.210 10.28.020 Repealed By Ord. 93-21 10.28.185 Parking for Persons with 10.28.022 Purposes For Which Parking Is Disabilities Prohibited 10.28.190 Application Of Parking 10.28.025 Vehicle Sales On Private Regulations To Disabled Property Persons With Disabilities 10.28.030 Truck, Trailer, Bus, Camper, !. ! ! ': _ • _ , . • ' • . . Motor Home, DisabledDisaided-Persons-P-Fakihited— VehieleTAnd Boat Restrictions Wiens 10.28.040 Removal Of Parked Vehicle 10.28.210 Removal And Impoundment Of From Fire Area Vehicle Unlawfully Parked In 10.28.050 Required Precautions Space Reserved For Disabled 10.28.060 Parallel Parking Requirements Persons With Disabilities 10.28.070 Space Markings !. :.!: ! _. • . .•• _ •• . • . • • • _. • . 10.28.010 Definitions Street A.,d Oregon Ti lectric Railroad Right Or A. "Parking"or"parked," for purposes of the Way city motor vehicle code, means the standing of a 10.28.090 Two-Hour Time Limit vehicle, whether occupied or not, otherwise than 10.28.095 Repealed by Ord. 02-14 temporarily for the purpose of and while actually 10.28.110 Fifteen-Minute Time Limit engaged in loading or unloading property or 10.18.115 Four-Hour Time Limit passengers,or in obedience to traffic regulations or 10.28.120 Sunday Restrictions traffic signs or signals. . 10.28.130 Prohibited At Any Time B. It is unlawful for any person to park or 10.28.135 Parking Pr ohibited 8 6 stop any vehicle for a longer period of time than P.M. Permit Parking Only that designated by official signs. parking meters or Zones other markings placed by or under authority of the 10.28.136 Loading Zones Authority To city. "Parking time limit"includes the aggregate of Establish time of all stopping or standing of the same vehicle !. d. • : _. • • ! • •_ on the same side of the street within a space of three 10.28.138 Permits for Construction Zones hundred lin al feet measured along the curbline And Temporary Loading Zones and between intersections; and the parking, 10.28.139 Permit Parking standing or stopping of any vehicle within such 10.28.140 Violation—Mode Of Charging expanse shall not exceed the designated time limit Defendant during any three hour period. 10.28.145 Violation–Parking Time Limits B. For purposes of this chapter, the 10.28.150 Violation—Penalty definitions of the following terms as used herein 10.28.160 Authority To Impound shall conform to the following ORS sections Improperly Parked Vehicles 10-28-1 Code Update: 6/14 TIGARD MUNICIPAL CODE (2017) which by reference herein are made a part public way within the city limits for any of the of this chapter: following purposes: 1. "Camper" is defined as set forth in A. Selling or offering merchandise for sale; ORS Section 801.180. B. Displaying the vehicle for sale; 2. "Highway" or"street" is defined as set forth in ORS Section 801.305. IAC. Washint gGreasing or repairing such vehicle except as may be necessitated by 3. "Mobile home" is defined as set emergency. forth in ORS 801.310. C. Storage, for any period of more than 21 43. "Motorbus" is defined as a hours, except that this subsection shall be subject Commercial Bus as set forth in ORS 801.200. to the limits elsewhere prescribed in the city motor vehicle code or as may be prescribed by the Oregon 574. "Motor home"is defined as set forth State Motor Vehicle Code.It shall constitute prima in ORS Section 801.350. facie evidence of storage of a vehicle if the same is not moved for a period of 21 hours.The continuity 6,5. "Motor truck"is defined as set forth of the time shall not be deemed broken by in ORS Section 801.355. movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the 7. "Recreational vehicle" is defined as block where it was located before it is returned. set forth in ORS 116.003. Any vehicle mentioned in this subsection parked on the right of way of any highway, or upon any &6."Trailer" is defined as set forth in public street or public way within the city in ORS Section 801.560. violation of this subsection may be treated as an abandoned vehicle and the provisions of Chapter 977. "Travel trailer" is defined as set 7.60 shall apply.(Ord. 93 21 §3) forth in ORS Section 801.565. 10.28.025 Vehicle Sales On Private -1078. "Truck tractor"is defined as set Property forth in ORS Section 801.575. (Ord. 99-28; Ord. 93-21 §1;Ord.70-41 §1) A. No property owner,unless in compliance with the provisions of Chapter 5.04, Business 9. "Truck trailer" is defined as set forth Taxes, and in further compliance with all in ORS Section 801.580. applicable zoning codes,shall allow more than one vehicle to be displayed for sale on his or her 10.28.020 Repealed By Ord. 93-21 property. 10.28.022 Purposes For Which Parking Is B. Violation of this section shall be a Class Prohibited 1 infraction and shall be subject to the provisions of the civil infractions ordinance, Chapter 1.16 of No person shall park a vehicle on the right-of- this code. (Ord. 87-40 §1) way of any highway, or upon any public street or 10-28-2 Code Update:6/14 TIGARD MUNICIPAL CODE 10.28.030 Truck,Trailer,Bus, Camper, Ord.79-109§1;Ord.76-57§1:Ord. 76-30§1;Ord. Motor Home,Recreational 70-41 §3) V�lc,And Boat Restrictions E. These restrictions shall not apply to any A. No person shall at any time park or leave City-owned or public-owned vehicle that is standing a motor bus, motor truck, truck tractor, operating in an official capacity. motor home, boat, vehicle with camper, recreational vehicle, or trailer, as defined in ORS 10.28.040 Removal Of Parked Vehicle 801.560, whether attended or unattended, on any From Fire Area improved public highway, public street or other public way within the city limits, for a period Whenever the owner or driver of a vehicle greater than 30 minutes, between the hours of discovers that such vehicle is parked immediately 12:01 a.m. and 6:00 a.m. 12am-6am. in front of or close to a building to which the fire department has been summoned, he or she shall B. A recreational vehicle camper, travel immediately remove such vehicle from the area trailer or motor home may be parked on a public unless otherwise directed by police or fire officers. street longer than the period allowed in Section (Ord. 70-41 §4) 10.28.030.A if: 10.28.050 Required Precautions 1. It is owned by the resident or guest of the resident of the property in front of which it No person having control or charge of a motor is parked; vehicle shall allow it to stand on any street unattended without first fully setting its parking 2. It is parked on the public street brakes, stopping its motor and removing the adjacent to the lot of the resident;and ignition key and, when standing upon any precipitous grade, the front wheels of the vehicle 3. It is parked on the public street no shall be angled into the curb. (Ord. 70-41 §5) longer than 10 days in any calendar year. After the 10 day allowance, the vehicle shall not be parked 10.28.060 Parallel Parking Requirements greater than 30 minutes, between the hours of 12am-6am as per Section 10.28.030A. No person shall stand or park a vehicle in a street other than parallel with the edge of the C. Such vehicle must be parked in a manner roadway shoulder or curb when present, headed in which does not interfere with traffic or create a the direction of lawful traffic movement, and with hazard by obstructing the view of drivers. No the curbside wheels of the vehicle within 4-8 12 feature of the vehicle may create a hazard to inches of the edge of the curb, except where the pedestrian traffic,including but not limited to slide street is marked or signed for angle parking. (Ord. outs, canopies and retractable steps. 70-41 §6) D. Tractor Trailer, Truck Trailer.No person 10.28.070 Space Markings shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010.0 unattended on Where parking space markings are placed on any improved public highway, public street or a street, no person shall stand or park a vehicle other public way within the city limits. (Ord. 01- other than at the indicated direction and within a 23; Ord. 93-21 §4; Ord. 81-86 §1; Ord. 81-84 §1; single marked space.(Ord.70-41 §7) 10-28-3 Code Update:6/14 TIGARD MUNICIPAL CODE fight-of-way line of S.W. Main Street to a point 10.28.080 S.W. Main Street Between S.W. 215 feet southeasterly therefrom; Burnham Str et A nd Ti lect. Raaroud Uight_Of 4. In that portion of the northeast half Way. of S.W. Commercial Street extending from a point which lies 95 feet southeasterly of the southeast All parking of motor vehicles on that portion - - - -• - - -of S.W. Main Street between the intersection 253 feet southeasterly therefrom; thereof with S.W. Burnham Street and the Oregon Electric Railroad right of way shall be parallel - -- - - - with the centerline of S.W. Main Street, and all of S.W. Commercial Street extending from a point diagonal or hciad in parking is prohibited.(Ord.70 - 4g� right of way line of S.W. Main Street to a point 257 feet southeasterly therefrom; 10.28.090 Two-Hour Time Limit 6. In that portion of S.W. Walnut Place No person shall park or leave standing a extending from a point which lies 165 feet vehicle of any kind or character,whether motorized -• - •- ' - - - or not, and whether attended or unattended, S.W. Pacific Highway to a point 120 feet continuously in excess of two hours in any area southeasterly therefrom. designated as a 2-hour parking zone during the times and days specified by signage. except with a B. BETWEEN 9 A.M. AND 6 P.M.: valid construction zone or temporary loading zone permit issued pursuant to TMC Section 10.28.138. 1. S.W. Main Street; except on Sundays and holidays,on the following public streets and highways, or portions thereof, 2. Repealed by Ord. 02 14; during the hours herein specifically designated: A. BETWEEN 8 A.M. AND 5 P.M.: 3. The northerly half of S.W. Center Street extending northeasterly from the intersection 1. In that portion of the southwest half thereof with Greenburg Road to the intersection of of the right of way of S.W.Tigard Street extendin_ S.W. 87th Avenue; from the southeast right of way line of S.W. Pacific Highway (99W Overpass)to the northwest 4. The east side of S.W. 87th Avenue right of way line of S.W. Main Street: between Pacific Highway and Center Street,except any ar a designated as a loading zone; 2. In that portion of the southwest half of S.W. Commercial Street extending from a point 5. Along the northeast side of S.W. .. .. Burnham Street between Main Street and a point right of way line of S.W. Main Street to a point 100 feet from the south st curb line of Main 139 feet southeasterly therefrom; Street. 3. In that portion of the southwest half C. ANYTIME: of S.W. Commercial Street extending from a point Within the southwest half of S.W. 10-28-4 Code Update: 6/14 TIGARD MUNICIPAL CODE feet along the curbline from S.W.Pacific Highway, No person shall park a motor vehicle of any thence extending southeasterly 90 feet therefrom. kind or character, whether motorized or not, (Ord. 02-14; Ord. 99-13; Ord. 95-31; Ord. 92-27 whether attended or unattended, in any area §2; Ord. 87-05 §1; Ord. 86-45 §1; Ord. 84-03 §1; designated as a Sunday restricted zone during the Ord. 82-75 §1; Ord. 81-87 §1; Ord. 80-65 §3; Ord. times specified by signage. between the hours of 6 79-108 §1; Ord. 79-10 §1;Ord. 77-36 §1; Ord. 77- a.m.and 12 noon,on Sundays,according to Pacific 5 §1;Ord. 76-53 §1;Ord. 70-41 §9) Standard Time or Pacific Daylight Time as may be then in effect, on the following defined portions of 10.28.095 Repealed by Ord.02-14 public streets in the city: 10.28.110 Fifteen-Minute Time Limit A. The westerly side of S.W. Grant Street A. No person shall park or leave standing a Johnson Street to the intersection thereof with S.W. vehicle of any kind or character,whether motorized Walnut Avenue. or not, and whether attended or unattended, for a period of longer than 15 minutes in any area B. The southerly side of S.W. McKenzie designated as a 15-minute parking zone during the Street extending from the intersection thereof with times and days specified by signage. between the S.W. Grant Street to the intersection thereof with •.. : • •• -- ept Sundays and S.W.Pacific Highway(99W). (Ord. 70-41 §13) holidays, in any arca designated as a 15 minute parkingzone. I.- . - , . . ' • . , B. The city engineer shall establish 15 No person shall park a motor vehicle of any minute parking zones to include no more than 20 kind or character between the hours specified on parking spaces on S.W. Main Street. In selecting the following defined portions of public streets in the locations for the 15 minute parking zones, the the city: city engineer shall consult with the owners of businesses along Main Street. The 15 minute-time A. Repealed by Ord. 02 14. limit shall become effective upon installation of appropriate signing designating the parking spaces B. Between the hours of 8 a.m. and 5 p.m. •- -- (Ord. 95-30; Ord. 86- _ 59 §1; Ord. 71-33 §1; Ord. 70-41 §§10, 12, 12A) S.W. Grant Avenue from the intersection thereof with° W Walnut Street, southwesterly,to the cad 10.28.115 Four-Hour Time Limit of the roadway at Charles F. Tigard School No person shall park or leave standing a vehicle of any kind or character,whether motorized or not,or C. Between the hours of 7 a.m. and 6 p.m. attended or unattended,continuously in excess of 4 within the right of way of S.W.Garrett Street from hours in any area designated as a 4-hour parking the intersection thereof with S.W.Pacific Highway zone during the times and days specified by signage, except with a valid permit pursuant to southwesterly 250 feet. TMC Section 10.28.138 or 10.28.139. D. Between the hours of 7 a.m. and 6 p.m., 10.28.120 Sunday Restrictions except Saturday and Sunday, within the right of way of S.W.Garrett Street between Cresmcr Drive 10-28-5 Code Update:6/14 TIGARD MUNICIPAL CODE and a point 400 feet southeasterly from Pacific of said spaces being delineated by painted .. rL 2. Within the following described portions E. Between the hours of 8 p.m. and 6 a.m., of the right of way of S.W. Hall Boulevard: no person shall at any time park or leave standing a vehicle of any kind or character, whether a. Repealed by Ord. 80 65. motorized or not, and whether attended or unattended, within any portion of the right of way b. Within that portion of the right of of C Vel Milton Cour .eginning at the north right -. .. of way line of Bonita Road and extending intersection thereof with the Oregon Electric northerly the full length of the street up to and ' .• ••: --• •• ' the intersection thereof with the center of Fanno (Ord. 02-14; Ord. 98-23; 90-12 §1; Ord. 84-68 §1; Creek. Ord. 83-18 §1; Ord. 74-44 §2) 3. Within the east half of the right of way 10.28.130 Prohibited At Any Time of the intersection of the east right of way line of No person shall at any time park or leave -. ==• - - _ - standing a vehicle of any kind or character,whether line of S.W.Pacific Highway (99W). motorized or not, and whether attended or unattended, in any area designated by signage as a 1. Repealed by Ord. 80 65. no-parking zone. within the following defined portions of public streets and highways within the 5. Within the west half of the right of way city: _. . - . : .. . :, ' .•. . .. - .. of the intersection of the west right of way line of 1. Within the improved portion of the right of way as bounded by the curb lines, on each side line of S.W. Pacific Highway(99W). the intersection of the centerline of S.W. Bull 6. Repealed by Ord. 02 H. Mountain Road and the same extended to the southeasterly right of way line of S.W. Pacific 7. Repealed by Ord. 02 14. 14ighway, northeasterly to the northeasterly city limits,being an extension of the easterly line of that 8. Within the right of way of S.W. tract of land deeded to Max R. Reed and recorded • !- ' - . right of way of S.W. Hall Boulevard on the north County,Oregon;except that there is authorized and side northwesterly 100 feet, and on the south side . .. _ . .. _ northwesterly 170 feet. spaces along the northwesterly curb parallel to the 9. Within the easterly half of the right of southwesterly lanes of travel,for vehicular parking way of S.W. Electric Street, within 100 feet purposes limited to any continuous period of not to northerly of the intersection of the easterly right exceed 15 minutes, extending from a point of way line of S.W. Electric Street with the southwest along the curbline 20 feet from a point northerly right of way line of S.W. Main Street. opposite the most easterly corner of the Charles F. 10-28-6 Code Update:6/14 TIGARD MUNICIPAL CODE 10. Within the north half of the right of way of S.W. Pinebrook Street, within 111 feet westerly thence southeast 95 feet. of the intersection of the west right of way line of • line of S.W. P-inebrook Street. the intersection thereof with S.W. Hall Boulevard southeasterly approximately 2,853 feet. 11. Within the southeasterly half of S.W. Main Street from the intersection thereof with the 21. Within the right of way of S.W. 69th northeasterly line of S.W. Scoffins Street, Avenue, extending from the intersection thereof northeasterly to the intersection thereof with S.W. with the south right of way of S.W. Pacific Pacific Highway right of way. Highway to the intersection thereof with the north right of way line of S.W. Dartmouth Street. 12. Within the northwesterly half of that portion of S.W.Main Street from its intersection on 22. On the northerly one half of S.W.Walnut the west and thereof with S.W. Pacific Highway, Street beginning at the westerly edge of the northeasterly 230 feet. driveway entrance to Fowler Junior High School and extending westerly to a point 490 feet from 13. Within the right of way of S.W. Walnut said driveway. Street,extending from the intersection thereof with S.W. Pacific Highway (99W) northwesterly to 23. Within the southwest half of the right of Tiedeman Avenue. southeasterly of the southeast right of way line of 11. Within the curblines on each side of S.W. S.W. Main Street. Sandberg Street, including the cul de sac. 24. Within the curblines on each side of S.W. 15. Repealed by Ord. 02 11. Lomita Street,beginning at a point in the centerline thereof, which point lies 200 feet east of the east 16. On the southwesterly one half of S.W. right of way line of S.W. 90th Avenue, and Frewing beginning at a point 500 feet southeasterly running thence easterly and northerly a distance of of Pacific Highway and extending thence 160 feet therealong. southeasterly a distance of 200 feet. 25. Within the southeasterly half of S.W. 17. On the southeasterly one half of Grant Street beginning at the right of way line of Walnut way line of S.W. Walnut • .•. . •. • --- .. . .- northeasterly to the southwest right of way line of end of the street at the Charles F.Tigard elementary S.W. Tigard Street. school grounds. 26. Repealed by Ord. 02 14. 18. On the south one half of Scott Court beginning at the right of way line of S.W. 98th 27. Within the right of way of S.W. 68th Avenue and extending thence westerly 283 feet. Parkway, extending from the intersection thereof with the south right of way line of S.W. Irving 19. On the northeast one half of S.W. _ Commercial Street beginning at the southeast right right of way line of S.W. 66th Avenue. 10-28-7 Code Update:6/14 TIGARD MUNICIPAL CODE 28. Within the northwesterly half of the 36. Repealed by Ord. 02 14. right of way of S.W. Main Street, within 197 feet southwest of the—southeast right of way line of 37. Within the right of way of S.W. 112th S.W. Pacific Highway. Avenue, extending southerly from S.W. Gaarde Street to the frontage road along S.W. Pacific 29. Within the southeasterly half of the right High �T of way of S.W. Boenes Ferry Road, beginning at 38. Repealed by Ord. 02 14. Interstate No.5 with the southeast right of way line of S.W. Boones Ferry Road and extending 39. Upon or within any delineated bicycle southwesterly a distance of 270 feet therefrom. and/or pedestrian path(s)or lanes. 30. Within the right of way of S.W. Scoffins 40. Within the paved portions of S.W. 72nd Street,extending from the intersection thereof with Avenue between Pacific Highway and the S.W. Main Street, south asterly to S.W. Hall Beaverton Tigard Highway(State Highway 217). Boulevard. 4-1. Along both sides of S.W. Greenburg 31. Repealed by Ord. 02 14. Road between Pacific Highway and Shady Lane. 32. Along both sides of S.W. 121st Avenue 42. Within the right of way of S.W. 110th between Scholls Ferry Road and Burlheights Avenue, beginning at a point 106 feet northerly of Drive. the north right of way line of S.W. Gaarde Street and extending thence 270 feet northerly. 33. Within the right of way of S.W. Summerfield Drive, extending from the 43. On S.W. Gaarde Street from Pacific intersection thereof with the north right of way line - . • • •.•, - • ::-•:• of S.W. Durham Road to the intersection thereof of the north half of Gaarde Street beginning at a _ •• -- _. . I: . point 80 feet east of the east curbline of 110th Avenue; except that there is authorized and Avenue and extending to a point 190 feet east of designated an unrestricted(time)vehicular parking the east curbline of 110th Avenue, measured along area commencing at the west right of way line of the north curbline of Gaarde Street. S.W. Century Oak Drive running westerly a . !! - .. - . . . . 44. Within the northeasterly half of the right Summerfield Drive. of way of S.W. Canterbury-Lane, extending from the intersection thereof with S.W. Pacific 31. In the south asterly one half of S.W. Highway, southeasterly a distance of 75 feet Main Street,extending southwesterly 115 feet from therefrom. the intersection of the southwest right of way line 45. Within the right of way of S.W. Fir of S.W. Scoffins Street with the southeast right of Street,extending from the intersection thereof with way line of S.W. Main Street. _. . _. .... 35. Along both sides of S.W. 72nd Avenue 46. Within the right of way of S.W. Fir between the Beaverton Tigard Highway (State Loop, being all that portion thereof lying easterly Highway 217)and the south city limits. of S.W. Fir Street. 10-28-8 Code Update: 6/14 TIGARD MUNICIPAL CODE 17. Within the right of way of S.W. Hall . .. - •! .. Boulevard extending from the intersection thereof intersection. with S.W. Pacific Highway (99W) southerly to a point which lies 200 feet south of the centerline of 56. On the northwesterly half of S.W. Ash S.W. Scoffins Street. Avenue beginning at the northeast right of way line of S.W. Commercial Street and extending 18. Within the right of way of S.W. 70th thence northeasterly 138 feet. Avenue. extending from the intersection thereof with S.W. Hampton Street, southerly to the 57. Within the curblines on each side of S.W. terminus thereof. Genesis Loop, extending from the most southerly intersection thereof with S.W. 115th Avenue 49. Within the northerly half of S.W. Walnut asterly a distance of 165 feet. Place; also, within the southwest half of S.W. Walnut Place beginning at S.W. Pacific and, 58. Along both sides of S.W. Durham Road thence, extending a distance of 175 feet between Hall Boulevard and Pacific Highway. southeasterly along the curbline. 59. Repealed by Ord. 95 32. 50. Within a portion of the right of way of S.W. Hampton Street being all that portion thereof 60. Within the west half of the right of way lying between S.W. 72nd Avenue and S.W. 66th of S.W.92nd Avenue,beginning at the intersection Avenue. thereof with the south right of way line of S.W. Durham Road; thence, extending southerly 1,450 51. Repealed by Ord. 98 09. feet. 52. Repealed by Ord. 98 09. 61. Within the right of way of S.W. 92nd Avenue,beginning at a point which lies 1,150 feet 53. Within the southeast half of the most southerly of the south right of way line of S.W. southerly end of S.W.Main Street,beginning at the Durham Road; thence, extending southerly 1,190 intersection of the southeast curblines of S.W. feet; excepting therefrom the south 680 feet of the Pacific Highway and S.W. Main Street and west half thereof. extending 75 feet along the Main Street curbline to a point; also, therein, beginning at a point on the 62. Along the est side of S.W. 85th Avenue Main Street curbline which lies 205 feet from said from Durham Road to a point 450 feet south of the intersecting curblines and extending 30 feet south curbline of Durham Road. therealong to a point. 63. On S.W. Varns Street from S.W. 72nd 51. Within the westerly half of the right of Avenue to a point 125 feet west of the west curblinc way of 115th Avenue extending from the of 72nd Avenue. intersection with S.W. Gaarde Street northerly to the intersection of S.W. Fonner Street. 64. On S.W. Watkins Avenue from S.W. Pacific Highway to a point 75 feet west of the west 55. Within the northwesterly right of way of curbline of Pacific Highway. S.W. McKenzie Street from a point 20 feet southeasterly from the intersection of the 65. Repealed by Ord. 09 09. centerlines at S.W. McKenzie St., and S.W. Grant 10-28-9 Code Update: 6/14 TIGARD MUNICIPAL CODE 66. On S.W. 69th Avenue from Pacific 78. Along the west side of S.W. 108th Highway to a point 150 feet north of the north Avenue from Chateau Lane to a point 233 feet curbline of Pacific Highway, m sured along the south of the centerline of Chateau Lane until such st curbline of 69th Avenue. time as 108th Avenue is improved in this location to full minor collector standards. At the time that 67. Along the south side of S.W. Locust the street is improved, the effect of the ordinance Street between Greenburg Road and 93rd Avenue. codified in this subsection (78) shall cease. 68. Along the south side of Spruce Street 79. Along portions of S.W. Fir Street between a point 100 feet east of the extended between S.W. 72nd Avenue and the street terminus centerline of S.W. 72nd Avenue and a point 100 west of 71th Avenue, as follows: along the entire feet west of the extended centerline of S.W. 72nd - Avenue. street within 60 feet of the west curbline of S.W. 72nd Avenue;and along the north side of the street 69. Along both sides of S.W. 135th Avenue west of a point which is 60 feet west of the :.. . -• centerline of S.W. 71th Avenue. Drive. 80. Along both sides of S.W. North Dakota 70. Along both sides of S.W. Nimbus Street between S.W. Tiedeman Avenue and S.W. Avenue between Scholls Ferry Road and a point 115th Avenue. 41 .. .. Ferry Road. 81. Along both sides of S.W. Dartmouth Street between S.W. 68th Parkway and S.W. 71. Along both sides of S.W. Bonita Road Pacific Highway. between Hall Boulevard and S.W. 83rd Court. 82. Along the west side of S.W. 108th 72. Along both sides of S.W. Bonita Road Avenue between Durham Road and a point 145 feet between 83rd Court and Fanno Creek. north of the centerline of Chat u Lane. 73. Repealed by Ord. 02 11. 83. Along the west side of S.W. 109th Avenue beginning at the start of a curve 71. Along the north side of Canterbury Lanc approximately 260 feet south of the south curb line between Pacific Highway and S.W. 106th Avenue. of Canterbury Lane and continuing south a distance of 285 feet measured along the west curbline of 75. Along the north side of Benchview S.W.—l-494*Avenue. Terrace between S.W. 132nd Avenue and the west boundary of Benchview Estates subdivision as 84. Along the east side of S.W. 109th recorded in Book 66,page 38,of the plat records of Avenue beginning at the start of a curve Washington County. approximately 260 feet south of the south curbline of Canterbury Lane and continuing south a distance 76. Along both sides of S.W. McDonald of 125 feet mgasured along the east curbline of Street between Hall Boulevard and 93rd Avenue. S.W. 119th ^_ enue. 77. Repealed by Ord. 95 17. 10-28-10 Code Update: 6/14 TIGARD MUNICIPAL CODE 85. Along the south side of Canterbury * 07;Ord.95-06;Ord.94-22;Ord.93-27 §§1,2;Ord. from Pacific Highway to a point 200 feet ast of the 93-26 §1; Ord. 92-28 §1; Ord. 92-17 §1; Ord. 92- east curbline of Pacific Highway. 11 §1; Ord. 91-29 §1; Ord. 91-25 §1; Ord. 91-24 §1; Ord. 91-23 §1; Ord. 91-09 §1; Ord. 90-42 §1; 86. On both sides of S.W. Durham Road Ord. 90-36 §1;Ord.90-35 §1; Ord. 90-34 §1; Ord. 90-33 §1; Ord. 90-32 §1; Ord. 90-31 §1; Ord. 89- Ferry Road. 12 §1; Ord. 88-30 §1; Ord. 88-05 §1; Ord. 88-04 §1; Ord. 87-53 §1; Ord. 87-46 §1; Ord. 86-67 §1; 87. On both sides of S.W. North Dakota Ord. 87-06 §1; Ord. 86-55 §1; Ord. 86-54 §1; Ord. 86-45A §1;Ord. 86-13 §1;Ord. 86-04§1;Ord. 84- Springwood Drive. 53 §1; Ord. 83-50 §1; Ord. 83-46 §1; Ord. 83-29 §1; Ord. 83-28 §1; Ord. 82-82 §1; Ord. 82-76 §1; 88. On S.W. 70th Avenue between Beveland Ord. 81-80 §1; Ord. 81-57 §1;Ord. 81-46 §1; Ord. Street and Franklin Street. 80-65 §§1, 3;Ord. 79-60 §1;Ord. 79-107 §1;Ord. 79-113 §1;Ord.79-114§1;Ord.79-39§1;Ord.79- 89. Along the southwest side of S.W. 9 §1;Ord.78-45 §1;Ord.78-68 §1;Ord. 78-39 §1; Commercial Street beginning at a point 250 feet Ord. 78-38 §1; Ord. 77-93 §1;Ord. 77-92 §1; Ord. southeast of the southeast curbline of Main Street 77-78 §1; Ord. 77-77 §1; Ord. 77-73 §1; Ord. 77- and continuing to a point 510 feet southeast of the 61 §1; Ord. 77-40 §1; Ord. 77-39 §1; Ord. 77-36 south ast curbline of Main Street. §2; Ord. 77-6 §1; Ord. 76-56 §1; Ord. 76-38 §1; Ord. 76-33 §1; Ord. 76-31 §1; Ord. 76-20 §1; Ord. 90. On both sides of S.W. Walnut Street 76-8 §1; Ord. 76-7 §1; Ord. 76-6 §1; Ord. 75-47 between the south leg of 135th Avenue and S.W. §1; Ord. 75-38 §1; Ord. 75-34 §1; Ord. 75-51 §1; Schol is Ferry Road. Ord. 74-44 §1;Ord. 71-32 §1; Ord. 70-41 §14) 91. On both sides of S.W. Royalty Parkway 10.28.135 Parking-Prohibited-8- - between Pacific Highway and Naeve Street. PAIT,Parking Permit Only Zones 92. Any portion of the right of way of S.W. _ _ .. _ A. The City Council may, by resolution, line of Bonita Road and extending southerly 182 establish permit parking only zones. Such zones feet. will be for the exclusive use of vehicles with valid permits, issued pursuant to TMC Section 93. Within the north ast half of S.W. 10.28.139, during the days and times indicated by, Commercial Street beginning at a point 348 feet signage. south ast of the southeast right of way line of S.W. Main Street and continuing to a point 118 feet B. At all times other than those times southeast of Main Street. designated in the resolution establishing a particular permit parking only zone, such zones are 94. On the east side of S.W. 116th Place from available for general use. S.W. Beef Bend Road to a point 100 feet from the curbline-el S.W-Beef Bend Road. (Ord. 14-07 §1; .. _ . Ord. 09-09 § 3; Ord. 02-14; Ord. 99-12; Ord. 99- vehicle of any kind or character,whether motorized 11; Ord. 98-23; Ord. 98-09; Ord. 96-01; Ord. 95- . , . - -- .. . . . . . . .. . 32; Ord. 95-25; Ord. 95-23; Ord. 95-17; Ord. 95- -- -- _ -• -- 10-28-11 Code Update: 6/14 TIGARD MUNICIPAL CODE Sunday,on the southerly one half of the following persons or commodities,_ but nNoncommercial •- - -• - vehicles shall must, upon demand, give way to Tigard, Oregon: commercial vehicles whose drivers desire to use the zone for loading or unloading purposes. That portion of the southerly one half of S.W. Commercial vehicles using loading zones shall--be Johnson Street lying westerly of and within 100 are entitled to the use of a loading zone only during feet of the northwesterly right of way line of S.W. such time as may reasonably be necessary for the Pacific Highway. (Ord. 75-19 §1) loading and unloading of persons and materials and for so long as such activity actually continues. 10.28.136 Loading Zones Loading zones shall may not be used by employees Establish of the business or businesses for the benefit of which they were established, for any purpose A. The city council may, by resolution, except the continuous loading or unloading of establish loading zones along any street for the persons or materials. purpose of permitting the loading and unloading of merchandise and persons. The action of the city C. At all times other than those times -• _ ••• - designated in the ordinance resolution establishing taken by ordinance. In establishing loading zones a particular loading zone, such zones shall be are the city council shall give consideration to the available for general use, under the parking volume and nature of business within the area regulations applicable to the district in which they under consideration, the traffic demands upon the are located. street in question, the nature of the need of the adjacent business or businesses and of the needs of D. The city council shall may consider other businesses within the immediate area, the creation of loading zones upon application by any width and surface of the street, and any other resident or property owner, and if, after relevant information. • • .. . . • ...•- .•- , consideration of the factors identified in subsection the city council may limit the applicability of the A of this section,the city council determines that a ••- _ - .. •- loading zone should be created, it shall will create or night. The characterization of the loading zone such loading zone by ordinance resolution and as an area of restricted parking shall be indicated direct that the loading zone so established by - • _ marked by appropriate signs.The city shall procure •:. •• •• - • _ - • " :.- _ -" The City may require the applicant shall to pay the restricted applies. Loading zones will be marked city the cost of the necessary signs and poles and by signage. the cost of the labor necessary to install them„and B. Loading zones shall be are reserved for (Ord. 76-10 §1) use by commercial vehicles in loading and unloading persons and commodities during the !.-:. _. . . _. hours designated on all days except Sundays and holidays. No person shall may stop, stand or park -- :.. '- -- - - any vehicle other than a commercial vehicle within the City of Tigard are designated as loading zones the designated area between such hours,except that for the hours indicated: noncommercial vehicles may use such zones while actually engaged in the loading or unloading of A. Repealed by Ord. 95 20. 10-28-12 Code Update:6/14 TIGARD MUNICIPAL CODE entered upon the permit, but in no event shall a B. Within the easterly half of S.W. 87th permit be issued for a period to may not exceed one Avenue, beginning at a point 30 feet southerly of year. an easterly extension of the south boundary line of • •• C. Fees. The fee for a construction zone 60 feet. The described zone is designated as a permit or a temporary loading zone permit shall be loading zone between the hours of 9 a.m.to 3 p.m., $24.00 for one year or two dollars for each month Saturdays, Sundays and holidays excluded. or portion of a month for periods of less than one year. will be determined by resolution of the City C. Repealed by Ord. 95 20. (Ord. 95 20; Council and will be paid The fee shall be paid to Ord. 92 27 §1; Ord. 86 60 §1; Ord. 86 14 §1; Ord. the chief of police at the time of application. In the 81 90 §1; Ord. 76 10 §2) event the need for the permit terminates before the end of the term allowed by the permit as issued,the 10.28.138 Construction Zones And applicant shall be entitled to a refund in the amount Temporary Loading Zones of the charge that would have been made for the unused term of the permit. A. Provision for Permits. Any person who finds it necessary to park a motor vehicle for actual D. Display of Permit. Befere any person construction or maintenance work or who finds it shall use a parking space in such a way as to require necessary to block off a parking space or spaces the issuance of a construction zone or temporary along the curb in a zone in which parking is _ .. . controlled, shall be entitled to a construction zone . . . -• -• .. . ...•-_ . - permit. Any person who finds it necessary in permit, and at all such times as the vehicle or connection with the conduct of a commercial vehicles shall be Whenever a vehicle is parked in enterprise or in the construction of a building, to the place as authorized by such a permit,the permit park a motor vehicle or to block off a parking space shall must be legible and visible from outside the or spaces along the curb for such work may apply vehicle. displayed in such a way as to permit one for shall be entitled to a temporary loading zone observing the vehicle from the outside to read it. If permit. Application for a construction zone permit the vehicle is equipped with a sunvisor above or or a temporary loading zone permit shall be made beside the windshield on the driver's side, the in writing on a form provided by the community permit shall be displayed on the sunvisor, which development director. The director, or director's shall be turned down so as to expose the permit designee, to the chief of police upon a form to be toward the outside of the vehicle. . •- . - . . . .. . - shall E. The purpose of this section is to permit make such investigation as he or she deems use of the public streets for parking in necessary and, if he or she is satisfied that the circumstances in which parking would otherwise applicant has a reasonable need for the permit,the be prohibited or limited as to time pursuant to the chief of police shall will issue a construction zone ordinances of the City of Tigard. (Ord. 78-75 §2) permit or a temporary loading zone permit. 10.28.139 Permit Parking. B. Term of Permit. The term of a permit .. .. .. A. A vehicle parking permit allows: A of this section shall be established by the chief of police will be determined by the director and 1. the parking of a permitted vehicle to 10-28-13 Code Update: 6/14 TIGARD MUNICIPAL CODE be exempt from the posted time limit under 1.Displays a permit on a vehicle for TMC Section 10.28.115 where permit parking which the permit was not issued; is designated by signage; and 2. Displays a permit that is expired, 2.the parking of a permitted vehicle in a suspended, or revoked; space identified by signage as being for permit parking only in a permit parking zone 3. Obtains a permit from the City by established pursuant to TMC Section misrepresentation; 10.28.135. 4. Fails to surrender a permit at the B. Any person is eligible to obtain a vehicle City's lawful request; parking permit. 5. Duplicates or attempts to duplicate, C. A person desiring a vehicle parking by any means,a parking permit authorized permit must apply for same with the community pursuant to this chapter, or displays such a development department on a form prepared by duplicate permit on any vehicle. the City and pay applicable fees. Permit fees and changes to permit fees for permit parking H. In addition to any fines or other authorized by this chapter shall be by resolution of penalties that may be imposed, upon conviction the City Council. for misusing a parking permit, all permits issued to the offender and the right to apply for or D. A permit holder shall notify the display a permit shall be suspended for a period of community development department of loss or three months. theft of a vehicle parking permit within three business days. The permit holder may purchase a I. Misuse of a parking permit is a replacement vehicle permit by paying the violation punishable under TMC Section applicable fee, as set by resolution of the City 10.28.150. Council. J. Display of a vehicle parking permit does E. A parking permit is valid until not convey any privileges other than that of expiration, surrender,or revocation so long as the exceeding the posted permit parking time limit or permit holder and its vehicle remain in parking in permit parking areas. It does not compliance with all parking area regulations. authorize parking in any other restricted zone and is not a defense in enforcement of TMC Chapter F. The City may revoke and may require 7.60. the surrender of a vehicle parking permit held by a person or business who commits misuse of a K. Nothing in this ordinance shall limit the parking permit as defined in subsection G of this authority of any city police officer from requiring section. or causing the removal of any parked vehicle in an emergency or where the vehicle is subject to G. A person commits the offense of seizure or removal according to law. misusing a parking permit if a person does any of the following: 10-28-14 Code Update:6/14 TIGARD MUNICIPAL CODE 10.28.140 Violation—Mode of Charging 4 hours, a vehicle will be deemed to have been Defendant parked longer than the time allowed if: A. In all prosecutions for violation of city 1. the vehicle remains in any one 4- motor vehicle parking laws,it shall be sufficient to hour parking space more than 4 hours and does charge the defendant by an unsworn written notice not have a permit,pursuant to 10.28.138 or if the same clearly states: 10.28.139, or, 1. The date, place and nature of the 2. the total time of parking in any 4- charge. hour spaces within 300 ft of each other exceeds 4 hours,or 2. The time and place for defendant's appearance in Court. C. It is a violation of this chapter to evade enforcement of subsections 1 and 2 above by 3. The name of the citing afrestifig moving one's vehicle two or more times within officer. the applicable hours specified by signage. 4. The license number of the vehicle. 10.28.150 Violation—Penalty B. The notice provided for in subsection A of this section shall either be delivered to the Any violation of the provisions of any section defendant or placed in a conspicuous place upon of this chapter or any rule or regulation therein the vehicle involved in the violation. The notice stated, shall, upon conviction, be punishable by a shall serve as the complaint in the case.In all other fine of not more than $100.00 for each violation. respects the procedure now provided by law in such set by resolution of the City Council. (Ord. 70-41 cases shall be followed. (Ord. 70-41 §15) §30) 10.28.145 Violation—Parking Time 10.28.160 Authority To Impound Limits Improperly Parked Vehicles A. Within the applicable hours specified by A. When any unattended vehicle is parked signage, where the maximum parking time limit is upon any street, alley or public way of the City of 2 hours, a vehicle will be deemed to have been Tigard in such a manner that it is unlawfully parked parked for longer than the time allowed if: in any prohibited or restricted area;or is unlawfully 1. the vehicle remains in any one 2- parked for a length of time prohibited by ordinance or resolution of this city; or is parked in such a hour parking space more than 2 hours, or position that it constitutes an obstruction to traffic 2. the total time of parking in any 2- or creates a danger to travel upon the street, alley hour spaces within 300 ft of each other exceeds 2 or public way; or is found abandoned in any street, hours. alley or public way;or in the event that an operator of a vehicle is arrested and placed in custody and is not in condition to drive the vehicle to a place of B. Within the applicable hours specified by safety and there is no other person present who may signage, where the maximum parking time limit is properly act as agent for such operator to drive the vehicle to a place of safety,such vehicle is declared 10-28-15 Code Update:6/14 TIGARD MUNICIPAL CODE to be a public nuisance and subject to summary abatement,removal and impounding. C. Within 50 feet of any uncontrolled intersection or any intersection controlled with B. Both the owner and the operator of a side-mounted stop signs,side-mounted yield signs, vehicle impounded pursuant to subsection A of this or side-mounted signals, except: section shall be legally responsible for payment of the costs of towing and storage. The towing and 1. On one-way streets leaving an storage charges shall be established in advance, intersection; pursuant to an agreement between the police department of the City of Tigard and the towing 2. On streets otherwise signed if: and storage firm or firms called upon to conduct such business. No charges in excess of those a. The vehicle is over six feet in previously agreed upon shall be levied against the height,or owner or operator of a vehicle towed pursuant to subsection A of this section. b. The vehicle is less than six feet in height but by manufacture or modification, C. The towing service called upon to obscures the vision of: impound a vehicle and finding the owner or driver thereof present shall release the vehicle upon the i. Any official side-mounted presentation of proper identification of the owner traffic control sign or signal, or operator, and upon the owner or operator's signing an authorized receipt in duplicate (except ii. Intersection traffic,or where exclusive orders are given by the police department that the vehicle be impounded), and a iii. Any pedestrian in a service charge not to exceed one-half of the cost for crosswalk; the towing of the vehicle shall be made,that charge to be paid by the owner or operator. The duplicate c. Vehicles described in signed receipt shall be given to the operator or subsection C.2 of this section include, but are not owner of the vehicle, and the original signed copy limited to,the following: shall be recorded by the towing service in its ledger of releases. (Ord. 77-98 §1) i. Vehicles with darkened. shaded or curtained windows, 10.28.170 Parking Prohibited In Specified Places ii. Vehicles modified to eliminate side window(s)and/or rear windows, It is unlawful for the driver of a vehicle to stop or park the vehicle, whether attended or iii. Vehicles with visibility unattended, except when necessary to avoid through windows blocked by parcels, packages or conflict with other traffic or in compliance with the freight, directions of a police officer or traffic control signal,in any of the following places: iv. Pickup vehicles of less than six feet in height but mounted with a canopy A. Within an intersection. or camper with limited visibility through it, B. On a crosswalk. 10-28-16 Code Update: 6/14 TIGARD MUNICIPAL CODE v. Panel trucks(except those streets), or so as to prevent any vehicle from with windows on both sides of the rear portion of turning from one street into another. the truck,and also on the back of the truck); M. In any street, alley or lane,in lieu of off d. An uncontrolled intersection is street parking, for a period longer than 18 hours. one where there are no traffic-regulating signs or signals. NM.In any emergency zone. D. Any other vehicle not identified in subsection C of this section,within 25 feet from the ON. In any loading zone, except as to a intersection of curb lines;or if none,then within 15 commercial vehicle when actually engaged in feet of the intersection of property lines at an loading or unloading goods,wares,merchandise or intersection within a business or residence district. materials, for a period not exceeding 20 minutes; and as taxicabs when loading or unloading E. Within 15 feet of the driveway entrance passengers or merchandise,for a period of time not to any fire station. exceeding two minutes. F. Within 10 feet of a fire hydrant, save and 110. In a bus loading zone,except a motor bus except taxicabs occupying properly signed taxi or taxicab actually engaged in loading or unloading zones. passengers or merchandise for a period not exceeding two minutes. G. In front of a private driveway. QP. In any construction zone, except by such H. On a sidewalk or parking strip. vehicles as are actually necessary to the construction work being carried on. I. On the roadway side of any vehicle stopped or parked at the edge of a street or RQ. On city-owned or city-operated property highway. designated for use for motor vehicle parking by authorized city personnel only,without the consent J. At any place where official signs, curb of the city,if there is in plain view on such property paint, or markings have been installed prohibiting a sign prohibiting public parking or restricting standing, stopping or parking; provided, however, parking. driver-attended private passenger motor vehicles, taxicabs or other public conveyances may stop for SR. Within any city park or part thereof, not more than 30 seconds in such a tow-away zone during the time the park, or the relevant part of it, for the purposes of loading and unloading is closed to the public. (Ord. 87-70 §1; Ord.78-76) passengers. S. In a marked bicycle lane. K. In front of the entrance of any post office or other place where mail is received; or within 10 10.28.175 Residential Parking Zones feet of a mailbox during the hours of 8:00 a.m. to 4:30 p.m. in any residential area. A. The city council, pursuant to TMC Section 10.32.010, may establish residential L. In any street, alley or lane, so as to parking zones. The purpose of residential parking prevent the free passage of other vehicles in both zones is to prohibit parking by nonresidents during directions at the same time (except on one-way specific time periods within specific geographic 10-28-17 Code Update:6/14 TIGARD MUNICIPAL CODE areas used predominantly for residential purposes. 3. Use a permit when the permit holder The city council resolution which establishes the is no longer entitled to the permit. residential parking zone shall clearly define the geographic limits of the area affected by the zone 4. Use, or allow the use of a permit in and the hours during which the parking by conjunction with a vehicle other than the vehicle nonresidents will be prohibited. Residents within for which the permit was issued. the parking zones may obtain a permit from the city 5. Use,or allow the use of a temporary manager pursuant to subsection B of this section to permit in a manner inconsistent with the terms and allow for the parking of vehicles within the zone limitations of the permit. during the restricted hours. E. The city manager is authorized to revoke B. The city manager shall establish any permit when the permit holder is found to be in procedures and standards for the issuance of violation of the provisions of this section, and, permanent and temporary permits to residents that upon written notification thereof,the permit holder will allow the residents and their guests to park shall surrender the permit to the city. Failure to do their vehicles within residential parking zones so shall constitute a violation of this section. (Ord. during the restricted hours.At a minimum,the city 03-08; Ord. 91-26 §1) manager shall establish rules which establish the criteria for issuance, surrender and revocation of 10.28.180 Definitions For Sections permits,evidence of proof of residence and vehicle 10.28.190 Through 10.28.210 ownership, terms of the permit, standards for display of the permit, and allow for the issuance of As used in Sections 10.28.190 through temporary permits to residents for the parking of 10.28.210 unless the context requires otherwise: nonresident vehicles for temporary periods upon a showing of reasonable need for such permits. A. "Disabled parking space" means a parking space that is on private or public property C. The city manager shall cause to be and is marked or signed to provide parking for installed and maintained,pursuant to TMC Section disabled persons persons with disabilities. 10.32.020, official signs for residential parking zones which clearly identify the parking B. "Disabled person" means a person who restrictions for nonresidents and the exception to permanently suffers from any of the following those restrictions for permit holders within the disabimies+ residential parking zones. 1. Loss or loss of function of one or D. It shall be unlawful for any person to: both legs or significant limitation in the use of the legs; 1. Provide false information in connection with an application for a permanent or 2. Inability to be mobile without the temporary permit. use of a wheelchair or other assistance device; 2. Fail to surrender a permit, when 3. Loss or loss of function of both requested to do so, when the person is no longer hands; entitled to the permit. 4. Loss of vision or substantial loss of visual acuity or visual field beyond correction; 10-28-18 Code Update: 6/14 TIGARD MUNICIPAL CODE A. A person commits the offense of 5. Respiratory disability that makes unlawful parking in a space reserved for persons use of walking as a means of transportation with disabilities if: impossible or impractical; or 1. The person parks a vehicle in any 6. Cardiovascular disability that makes parking space that is on private or public property use of walking as a means of transportation and that is marked or signed to provide parking for impossible or impractical. persons with disabilities and the vehicle does not conspicuously display a disabled person parking BG. "Government building" and "public permit issued by Oregon DMV or another building" have the meanings given those terms in jurisdiction. ORS 447.210. 2. The person parks a vehicle in the CD. "Marked motor vehicle" means a motor aisle required by ORS 447.233 regardless of vehicle conspicuously displaying the decal, whether or not the vehicle displays a disabled insignia or plates issued under the provisions of person parking permit;or ORS 487.925. (Ord. 80-58 §1) 3. The person parks a vehicle in a D. "Person with a disability"means a person parking space that is on private or public property who permanently suffers from any of the following and that is marked or signed "Wheelchair User disabilities: Only"as described in ORS 447.233 and the vehicle does not conspicuously display a "Wheelchair 1. Loss or loss of function of one or User"placard or decal issued under ORS 811.613. both legs or significant limitation in the use of the legs; B.A person commits the offense of blocking a parking space reserved for persons with disabilities 2. Inability to be mobile without the if the person: use of a wheelchair or other assistance device; 1. Stops or parks a vehicle in such a way 3. Loss or loss of function of both as to block access to a parking space that is on hands; private or public property and that is marked or signed to provide parking for persons with 4. Loss of vision or substantial loss of disabilities; or visual acuity or visual field beyond correction; 2. Places an object or allows an object to 5. Respiratory disability that makes be placed in such a manner that it blocks access to use of walking as a means of transportation a parking space that is on private or public property impossible or impractical; or and that is marked or signed to provide parking for persons with disabilities. 6. Cardiovascular disability that makes use of walking as a means of transportation C. A person commits the offense of impossible or impractical. unlawful use of a disabled person parking permit if the person: 10.28.185 Parking for Persons with Disabilities 10-28-19 Code Update:6/14 TIGARD MUNICIPAL CODE 1. Is not a person with a disability and is A person with a disability may: not transporting the holder of a disabled person parking permit to or from the parking location;and A. Park a marked motor vehicle in any public parking zone restricted as to the length of 2.Uses a disabled person parking permit time parking is permitted therein without incurring described under ORS 811.602 or 811.606 to the penalties imposed for overtime parking in such exercise any privileges granted under ORS zones; and 811.635. B. Park a marked motor vehicle in any D. A person commits the offense of use of public parking zone with metered parking without an invalid disabled person parking permit if the being required to pay any parking meter fee. person uses a permit that is not a valid permit from another jurisdiction, and that: C. The provisions of subsection A of this section do not apply: 1. Has been previously reported as lost or stolen; 1. To parking in zones where stopping, 2. Has been altered:, parking or standing of all motor vehicles is prohibited; 3. Was issued to a person who is deceased at the time of the citation; 2. To late evening or overnight parking where such parking is prohibited; 4. Has not been issued under ORS 811.602; 3. To parking in zones reserved for 5. Is a photocopy or other reproduction special types of motor vehicles or activities; or of a permit,regardless of the permit or status; or 4. To parking in zones where parking 6. Is mutilated or illegible. is permitted only for 30 minutes or less. E. Subsections A through D of this TMC D. A person who is not disabled other than a Section 10.25.085 do not apply: person with a disability,as defined in TMC Section 10.28.180, and who exercises the privileges 1. To a vehicle that is momentarily in granted to a disabled person with a disability under a disabled parking space for purposes of allowing this section, commits a parking violation as a person with a disability to enter or leave the provided in Section 10.28.150. (Ord. 80-58 §2) vehicle. ii '. . . . 2. To any disabled parking space that Disabled Persons Witt. is subject to different provisions or requirements Disabilities-P;obibited under city ordinance if the different provisions or Exceptions requirements are clearly posted. A. Except as provided in subsection B of 10.28.190 Application Of Parking this section,no person shall may park a vehicle that Regulations To Disabled is not a marked motor vehicle in a disabled parking Persons With Disabilities ,pace without a disabled person parking permit. 10-28-20 Code Update: 6/14 TIGARD MUNICIPAL CODE B. Subsection A of this section does not 1. To a vehicle that is momentarily in a disabled parking space for purposes of allowing a disabled person to enter or leave the vehicle. 2. To any disabled parking space that is subject to different provisions or requirement:, under city ordinance if the different provisions or requirements are clearly posted. C. Violation of subsection A of this section 10.28.150. (Ord. 80-58 §3) 10.28.210 Removal And Impoundment Of Vehicle Unlawfully Parked In Space Reserved For Disabled Persons With Disabilities A vehicle parked on private property in violation of Section 10.28.200185 is subject to the provisions of Section 10.28.160.(Ord.80-58 §4) ■ 10-28-21 Code Update: 6/14 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION TO AMEND THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE AS ADOP ILD BY RESOLUTION NO. 17-34 TO IMPLEMENT THE CITY'S PARKING PERMIT AND ENFORCEMENT PROGRAMS WHEREAS,the City of Tigard has a Master Fees and Charges Schedule that was adopted during the fiscal year 2017-2018 budget hearings as Resolution 17-27 and updated again by Resolution 17-34;and WHEREAS,city staff has reviewed fees and services provided;and WHEREAS, city staff has proposed a new section for parking and certain fees related to parking permits and violations in order to implement the new parking permit and enforcement programs proposed in Ordinance 17- NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The parking section and fees and charges for the City of Tigard are enumerated and set as shown in the attached Exhibit C. SECTION 2: This resolution shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: This day of 2017. Mayor-City of Tigard A ITEST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 Master Fees and Charges Schedule Exhibit C Department Revenue Source Fee or Charge Effective Date CITYWIDE CITYWIDE- Parking Permits and Fines PARKING Downtown Parking Permit $35 /month 1/4/2018 Construction Parking Permit $5 /day/space in 2-hour zone 1/4/2018 $3 /day/space in 4-hour zone 1/4/2018 Overtime Parking Violation $50 1/4/2018 Disbled Parking Violation $160 1/4/2018 All other Parking Violations $50 1/4/2018 *Adjusted annuallyy in conjunction with the Portland Consumer Price Index(CPI)-If index is insufficient to increase fee in whole dollar, increase will compoud into the nextyear. Page 2 MEMORANDUM DATE: November 27 ,2017 TO: City of Tigard Mayor John Cook, Council President Jason Snider, Councilor Marc Woodard, Councilor John Goodhouse, Councilor Tom Anderson and Julia Jewett FROM: Kerry Lankford Project Landscape Architect Pacific Community Design RE: On Street Parking I work at Pacific Community design from 8am - 5pm Monday thru Friday. I have worked on Main street in the City of Tigard for the last for 4 years. My company currently has 31 employees and 28 total parking spaces. To support its employees PCD is doing everything it can by providing double parking in 14 spaces in the rear of our building located 12564 SW Main Street. Because of my company's growth spaces on the street are currently being used by employees that have safety concerns, have off hours or are in and out several times a day but need time more than the limit allowed or just don't fit in the lot. I understand that there is a need for short term space to support business. However, it is also necessary to support the day long employees of the larger companies and the business they bring to your community. I am one of these people that has been parking on the street for the last 4 years, shopping on your streets and working to support a company that is bringing jobs to your community. My solution to the blanket 2-hour parking is to establish 3 or 4 spaces that are not marked as 2-hour. This would bring balance between the short term and long term need around my building. These spaces could be parked in for any length of time during the day on a first come bases. I have attached a map indicating where the PCD employees have been parking to date and would like to continue to park. At this time, I am requesting that you consider working with the City Engineer to establish a few spaces that are designated as time free parking. This allows for a first come served use by multiple people in multiple ways for any length of time during the day. Sincerel , AlAA4) 4 ) i erry Lankfor•) Project Landscape Architect 12564 SW Main Street,Tigard,OR 97223♦ [T]503-941-9484[F]503-941-9485 . .,,,,, - -,-.40- - - Air .../A kik,g ''..."':•':',:4,'',',,'114,14— +}� F _,..,..,..,,. ,• ,„•,,,,,,,, .- ,: ,,,.,.,,.,. 4.. .,...4„;:- , .. ,, 1.4. .1.- _, ., ,....„ .. „„: .• , ,.. N ,, , , • ,,,,,,,,,,,„„..../. .., ••• _ .. .... , . suo,, io : r I! aoc. a 0 ,- ', p4 , ,r , isa • 0$ P9SZ6 ♦ r as �, 1 µ Fy'W u(1 aleJe}� uelu!Lis!aC,� ..: ' $ . . % .' . 0 a P ouua,_ x.E 0 . ..,.t.‘,.; ill. ., , - 3 µS rig. # .,.7 , . , N ....,..,,,... .7,. .. ti ,mow. �,,.,1,,o,. ,, d^ ..';:',. ' o 0(it ' Aidt ... . ...,..•,[;,,,„,,.,tif \ ' . ,iaLlegigl '' ' "Lk'46. ,,,,,i44., , , ..lot : s , /".„ , fltilp. * , ,,, , . % or./ '- . . , Carol Krager From: Downtown Parking Sent: Wednesday, November 29, 2017 6:28 PMT To: Buff Brown; Sean Farrelly; Lauren Scott SUPPI..EMENTAI. A Subject: FW: Downtown Parking FOR 0 S ' `2212— CKE (DATE OF MEETING) From: webteam@ tigard-or.gov Sent: Wednesday, November 29, 2017 6:27:24 PM (UTC-08:00) Pacific Time (US &Canada) To: Downtown Parking Cc: Nancy Lof Subject: Downtown Parking Name=Kelli Briscoe Email =kelli@briscoe.cc Phone= Comments = How about just build a parking garage with a tiny $1/hr fee? There aren't enough spots currently to make a fuss over. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 Carol Krager From: Downtown Parking Sent: Wednesday, November 29, 2017 8:02 PM SUPPLEMENTAL PACKET To: Buff Brown; Sean Farrelly; Lauren Scott FOR b[ Subject: FW: Downtown Parking (DATE OF MEETING) From: webteam©tigard-or.gov Sent: Wednesday, November 29, 2017 8:01:55 PM (UTC-08:00) Pacific Time (US &Canada) To: Downtown Parking Cc: Nancy Lof Subject: Downtown Parking Name =Michael Stevens Email =MLStevens77@gmail.com Phone=9713616139 Comments =Downtown Tigard, like so much of this city, is seriously lacking ADA Van Accessible parking. Too many people with good intentions but little understanding about this need causes bad design. Space is needed on the passenger side of van accessible spots to deploy wheelchair ramps and lifts in order for a disabled wheelchair bound person to safely get in and out of their vehicle. Please address this!!! Thank you very much! DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 Carol Krager From: Downtown Parking Sent: Thursday, November 30, 2017 8:16 AM To: Buff Brown; Sean Farrelly; Lauren Scott SUPPLEMENTAL PACKET Subject: FW: Downtown Parking FOR i 2 _ S" - 2 `)/2 2d/2 (DATE OF MEETING) From: webteam(atigard-or.gov Sent: Thursday, November 30, 2017 8:15:28 AM (UTC-08:00) Pacific Time (US & Canada) To: Downtown Parking Cc: Nancy Lot Subject: Downtown Parking Name = Dirk Todd Email = dtodd78@verizon.net Phone = Comments = ""The Burnham Public Lot is a location under consideration as it is under-used by customers, and is a good place for permit-only spaces"". The above statement is probably true 8 a.m. — 5 p.m. on weekdays but this lot is heavily used by tap house customers in the evenings and weekends. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 Carol Krager From: Downtown Parking Sent: Friday, December 01, 2017 9:25 PM To: Buff Brown; Sean Farrelly; Lauren Scott SUPPLEMENTAL PACKET Subject: FW: Downtown Parking FOR / - S -ao!7 (DATE OF MEETING) From: webteam@tigard-or.gov Sent: Friday, December 1, 2017 9:25:07 PM (UTC-08:00) Pacific Time (US &Canada) To: Downtown Parking Cc: Nancy Lof Subject: Downtown Parking Name=Carl Fisher Email=carl.fisher2005@gmail.com Phone = 5035501564 Comments = In regards to the 4-hour vs 2-hour, it would be helpful to see what fees are collected from current tickets. Will losing some 2-hour zones for 4-hour zones reduce income from current tickets dramatically? How will the current parking enforcement operations funding be affected? I think permits are an interesting idea. Employees that work in downtown would greatly benefit from not having to leave every two hours to move their car, especially if their employer does not have or provide designated parking. Still, the transit station remains an alternative, for now, for those that would like to avoid paying for a parking permit. With the growth of Trimet to include a MAX line we will most likely see more need for more park and ride options. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 2i3.. SUPPLEMENTAL PACKET —. FOR 9° P11"11111111 (CATE OF MEETING) =— — TIGARD CLEANERS PLEMENTAL PACKET 12519 SW Main • Tigard, Oregon 97223 • 503.634, (DATE OF MEETING) 7-0 (O. t'\O—\ 1NY, , C_ _ 47,70/4 -�c►nL OiCACV3\ c'oL �. e e\) \\ekL}2, GkeacNe - c '/S 'yeocs WO\-t\e•i'“-1 cAcN Poick2\c:S4pci- ci AANe. .6c.ue.)0?cl•ert sA C ce- wiok- c.0 k'`U'1/4,'e90d-C‘l PoLce- co5 or rs beCous "A`\ SAL` (7 \ 5-rf-e ` troy__ Gt 3 L CCAC' O k mokkt Q C Cit -�-•- opo . 4t.-\4\s op o ; ucc-e 1/4:e-cN. We, o s` .otk ') )ce ' e0e Q. s ccAc PNvct\&c4b\4 ào o bt . ivSSS ntrlavc4 Ivo p\c\c. \ -t-c) prcks-v wiy k \ActfiY_sou. , DorID‘ �, bei . MEMORANDUM • TIGARD TO: Tigard City Council FROM: Buff Brown RE: Amendments to the Parking Ordinance DATE: 12/5/17 Staff recommends the following three changes be made to the ordinance.The language below shows the corrected version. I. Underline Subsection 10.28.022.B No person shall park a vehicle on the right-of-way of any highway,or upon any public street or public way within the city limits for any of the following purposes: A. Selling or offering merchandise for sale; B. Displaying the vehicle for sale; II. Remove the "or" at the end of Subsection 10.28.145.B.2 B. Within the applicable hours specified by signage.where the maximum parking time limit is 4 hours,a vehicle will be deemed to have been parked longer than the time allowed if: 1. the vehicle remains in any one 4-hour parking space more than 4 hours and does not have a permit,pursuant to 10.28.138 or 10.28.139,or, 2. the total time of parking in any 4-hour spaces within 300 ft of each other exceeds 4 hours. III. Delete Subsection 10.28.145.0 SUPPLEMENTAL PACKET BUDGET COMMITTEE MEMBER BIO (DATE OF MEETING) Clifford Rone Clifford has lived in Tigard for thirty-four years and is an experienced member of the City of Tigard's Budget Committee.Although he is semi-retired, he does consulting work. He has been on numerous associations and boards, including conservation and habitat groups. Timothy Cadman Timothy has lived in Tigard for over two years; he previously lived in Corvallis and Sacramento. He has a Master's degree in Finance and a Bachelor's degree in Mechanical Engineering. He worked for many hears in finance at Hewlett-Packard and now is employed at a startup in a financial capacity. He served on the Budget Commission for the City of Corvallis for seven years. Elizabeth (Liz) Newton Liz has lived in Tigard for fourteen years, and retired from the City of Tigard as the Assistant City Manager earlier this year. While with the city, she wore many hats. With her work experience,she has extensive knowledge of city budgeting and the process. Chris Bence (alternate) Chris has lived in Tigard for two years. He has a Bachelor's degree in Mechanical Engineering and the a Product Development Engineer. He has been involved in community activities but this appointment is his first in Tigard. SUPPLEM TA .aAC A FOR r a Sr AUDIT COMMITTEE MEMBER BIO (DATE, OF MEETING) Ay, 4k //e-iniva. r Jeremy Nichols Jeremy has lived in Tigard for fifteen years. He has a Master's Degree in Business Administration, as well as his Certified Public Accountant license, and is currently employed as a Controller for Interstate Roofing. Being on the Audit Committee is his first community activity venture. Ann McElligatt Ann has lived in Tigard for four years; she previously lived in Portland. She holds a Master's Degree in Applied Information Management and worked as a CPA and Controller.Additionally, she was Audit Manager in the City of Portland. Other volunteer activities include Board of Director/Treasurer of Campfire Neighborhood House. Carol Krager From: Downtown Parking Sent: Wednesday, November 29, 2017 6:28 PMA T (DATE OF MEET To: Buff Brown; Sean Farrelly; Lauren Scott SUPPLE M '�A�. Subject: FW: Downtown Parking FOR < a S ' ag j �— ING) From: webteam@ tigard-or.gov Sent: Wednesday, November 29, 2017 6:27:24 PM (UTC-08:00) Pacific Time (US &Canada) To: Downtown Parking Cc: Nancy Lof Subject: Downtown Parking Name=Kelli Briscoe Email =kelli@briscoe.cc Phone = Comments=How about just build a parking garage with a tiny $1/hr fee? There aren't enough spots currently to make a fuss over. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 Carol Krager From: Downtown Parking Sent: Wednesday, November 29, 2017 8:02 PM SUPPLEMENTAL PACKET To: Buff Brown; Sean Farrelly; Lauren Scott FOR - . b 1 2 Subject: FW: Downtown Parking (DATE OF MEETING) From: webteamtigard-or.gov Sent: Wednesday, November 29, 2017 8:01:55 PM (UTC-08:00) Pacific Time (US &Canada) To: Downtown Parking Cc: Nancy Lof Subject: Downtown Parking Name=Michael Stevens Email =MLStevens77@gmail.com Phone=9713616139 Comments =Downtown Tigard, like so much of this city, is seriously lacking ADA Van Accessible parking. Too many people with good intentions but little understanding about this need causes bad design. Space is needed on the passenger side of van accessible spots to deploy wheelchair ramps and lifts in order for a disabled wheelchair bound person to safely get in and out of their vehicle. Please address this!!! Thank you very much! DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 Carol Krager From: Downtown Parking Sent: Thursday, November 30, 2017 8:16 AM To: Buff Brown; Sean Farrelly; Lauren Scott SUPPLEMENTAL PACKET Subject: FW: Downtown Parking FOR 1 .2 - S - a 017 (DATE OF MEETING) From: webteam@tigard-or.gov Sent: Thursday, November 30, 2017 8:15:28 AM (UTC-08:00) Pacific Time (US & Canada) To: Downtown Parking Cc: Nancy Lof Subject: Downtown Parking Name = Dirk Todd Email = dtodd78@verizon.net Phone = Comments = "The Burnham Public Lot is a location under consideration as it is under-used by customers, and is a good place for permit-only spaces". The above statement is probably true 8 a.m. — 5 p.m. on weekdays but this lot is heavily used by tap house customers in the evenings and weekends. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 Carol Krager From: Downtown Parking Sent: Friday, December 01, 2017 9:25 PM To: Buff Brown; Sean Farrelly; Lauren Scott SUPPLEMENTAL PACKET Subject: FW: Downtown Parking FOR (DATE OF MEETING) From: webteamtigard-or.gov Sent: Friday, December 1, 2017 9:25:07 PM (UTC-08:00) Pacific Time (US &Canada) To: Downtown Parking Cc: Nancy Lof Subject: Downtown Parking Name=Carl Fisher Email = carl.fisher2005@gmail.com Phone= 5035501564 Comments = In regards to the 4-hour vs 2-hour, it would be helpful to see what fees are collected from current tickets. Will losing some 2-hour zones for 4-hour zones reduce income from current tickets dramatically? How will the current parking enforcement operations funding be affected? I think permits are an interesting idea. Employees that work in downtown would greatly benefit from not having to leave every two hours to move their car, especially if their employer does not have or provide designated parking. Still, the transit station remains an alternative, for now, for those that would like to avoid paying for a parking permit. With the growth of Trimet to include a MAX line we will most likely see more need for more park and ride options. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 213. SUPPLEMENTAL PACKET FOR i `101911111111 10 - -QO t TIGARD CLEANERS .PLEMEN'TAL PACKET 12519 SW Main • Tigard, Oregon 97223 • 503.6344 1.1 (DATE OF MEETING) ---76 (A*0 INN -1/4 t MOtS C_CX\Cerl\) liciw 00-cb\ tom. e `c\ckv e, (r- \ \ er.a G\co,cNer. Ntx,L rc' /5 y CS won\- h‘cl cisN poic\--'NexcciAL\kNci .0r2oek- Nom:` fit'- r-\ 5�� tto\e_- cik L csAv - cc- " k-IC6e- CArtiACCA-7-& #CYA weede-d rc\a“\.) 1 c-Atc h c'�tY c'c ,Lt • p � ,�- -� � Com^ �� 1 ��tS � ��5�t��' � -�-. repo - � op: \- 0 t c! e otre peg c rte. e6-de \ c c-c c c .r c "or s€ ) c C -\--\(-N% ` k c:o cue ao Cik, `c peceic‘.5, pNc ce t or tv.txv P.0.3y i; . , cDor b; tcAtAbecry ao Carol Krager From: Joanne Bengtson SUPPLEMENTAL PACKET Sent: Tuesday, December 05, 2017 9:52 AM FOR To: Carol Krager; Kelly Burgoyne (DATE OF MEETING) Cc: Marty Wine Subject: FW: ! Important: Please would you make sure Mayor Cook and City Councilors have these materials to review prior to tomorrow night's meeting (letter + 14 attachments) Attachments: attachments for Mayor,Council.zip Importance: High Public testimony? I'll also share with Tom/Kenny. From: MB Emailto:mbrewin72@weslevan.edu] Sent: Monday, December 04, 2017 10:43 PM To:Joanne Bengtson<ioanne@tigard-or.gov> Subject: ! Important: Please would you make sure Mayor Cook and City Councilors have these materials to review prior to tomorrow night's meeting (letter+ 14 attachments) Importance: High 15 attachments enclosed: Hi Joanne, I'm writing to request that you please convey these attached materials in legible form to Mayor Cook and councilors, so they will have time to review the attachments I prepared specifically for them—prior to the Tuesday Dec. 5, 2017 public hearing (proposed changes to codes). [Frankly, planning messed up this time with insufficient advance notice and vagueness and 4-5 unwarranted proposed changes to some time-honored superior TMC parking storage code sections.] To remedy the hasty situation, and so the council would have some informed thoughtful public input, I have spent the last 2 days putting together these attachments, including letter of testimony+ 10 attachments. And this was after carefully researching the matter, and cities and codes, and compiling vital relevant information- for the sake of preserving the good standards and quality of life of all those here in Tigard. Plus, a Public Safety levy idea(for city revenue) with some specifics... There was no careful process on this matter, or consideration of plausible negative long-term consequences for the tens of thousands of resident property owners of Tigard. Well, Buff Brown is new to Tigard, and Sean Farrelly has done this previously in other matters (+he lives in NE Portland, so tweaking our city codes never harms him, his own property value, or his neighborhood); their recommendations promoting unprecedented excessive street storage, washing on the street, and a sudden loophole that would allow an individual to park a motor home 365 days of the year on a residential street, are professionally and personally unconscionable. Let's maintain our parking standards (and current storage code and restrictions); Tigard has been#1 in the west- side area. Planner's proposed supposed "minor" changes would actually put Tigard far in last place, harming public safety, quality of life, property values, etc. Let's protect our existing strong code sections (and not weaken them and lower our community standards). If we do that, I think our citizens would support a Public i Safety levy+higher fees, etc., to ensure the present good maintenance and quality of current policies and services (and staffing) - into the future. Thank you very much. with Warm Regards, Michael Brewin SW Morgen 503-639-5777 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 SUPPLEMENTAL PACKET FOR / a - $ - ?0 12/4/17 (DATE OF MEETING) Dear Mayor Cook and City Councilors: First, before discussing a pressing serious municipal code matter (Dec. 5) in this letter, I would like to thank Mayor Cook for his recent messages and referral to code compliance. Accordingly, I organized a smaller group of photos [Area 10] with addresses and violations noted, and upon confirmation Ken Ross sent some notices; we are already seeing some improvement at several locations, and 3 persistent properties appear to be in full compliance! So, it's getting some good and timely results. I also contacted Martin McKnight of Parks, and in tandem with Ken, the encroachment of trailers on city parks property was also removed. We certainly need to protect the level of safety, standards, and quality our neighborhoods have enjoyed for decades, and after reading the Tigard Times last Thursday regarding the city's budgetary concerns, I reflected on the subject for several days. I also had a good discussion with Liz Newton at Starbucks last weekend, and am pleased she's on the budget committee. As we discussed, I would support a prioritized Public Safety levy, to protect and maintain the current level of policy standards, services, and staff, specifically for: Tigard Police Dept., permits/inspections and enforcement, streets and sidewalks, street lights, public parks and trails, drinking water and sewer system. I recommend a safe levy passage range of .30-.35 [cents]/per $1,000 assessed on all properties within the city (+ a 2% annual increase, 10 yr renewal public safety levy), combined with revising fees and permits, pro-actively issuing more parking tickets in all zones, and routinely ticket obstacles left on public streets and sidewalks (e.g. $50 per waste container, after 1 warning— and on any weekend; obviously, any waste container still left out on a Saturday is a clear violation). Regarding some immediately pending matters on December 5: I am writing to provide my input, knowledge, and research on some suddenly pending parking matters and to forestall (or reword) some unwise and unwarranted hasty code changes contained within the city planner's proposal for Dec. 5. I would also like to address specific serious concerns regarding word changes and deletions in certain paragraphs. I have carefully prepared some text attachments with clear relevant details, charts, and some city and code comparisons. Furthermore,there are statutory compliance problems with the lack of proper and timely advance public notification and transparency on this matter and hearing (per Oregon Attorney General guidelines). 1) Lack of Proper Notification of public hearing: see my Exhibits A and B Complaint 1): Searching the newspapers, and the news media online the last 30 days, I didn't find any articles or notice of the public hearing with the specifics to be discussed at such meeting. The only notices appeared on a page of the city website bulletin board, which most people don't read and wouldn't know to look at, let alone check every day for updates. That's improper notice and burdensome on the citizen. Until recent years, the city's own Cityscape newsletter (sent bulk USPS to everyone) regularly included city hearings and proposals 30 days in advance and with Agendas in complete detail. 2) Even the city's own bulletin board notices on its website list different times: 7:30 and 6:30 pm on Dec. 5. Exhibits Al and A2: 3) The two bulletin board notices do not list any specifics about some "proposed parking program" amendment. 4) The bulletin board notices did not provide ample advance time for citizens to review the agenda. One week in advance is not sufficient or proper notice. 5) The detailed Agenda of Dec. 5, 2017 was not downloadable on the city website until the afternoon of Wednesday Nov. 29: I checked hourly in the morning and the agenda was downloadable for the public at approx. 1 pm—less than 1 week before the hearing. And most people don't even get home until 6 pm to check personal stuff on the interne. And that does not leave citizens reasonable enough time to prepare for the hearing. Citizens must not be deprived of their statutory right of ample time to prepare evidence and testimony for a public hearing. [Note: This complaint echoes a woman who complained to Planning about the lack of adequate notice for the recent Chapter 17 public hearing. When I tried to download that Agenda on my Apple computers, the file was not legible on any Apple computer.] 6) The last-minute Agenda itself was also Not specific enough. Its title and explanation simply states: "These amendments also include minor changes to the abandoned vehicle ordinance, TMC 7.60" Exhibit B 7) The Agenda does NOT anywhere state that the proposed code changes include serious injurious changes which would mutilate long-standing excellent parking standards and code ordinances—which have been#1 in this area, and instead substitute wording which directly potentially harms the property values of every Tigard residential property owner. 8) The Agenda does NOT mention part of the proposal would change illegal vehicle storage from 24 hours to seven days! [Tigard would go from #1 best on the west-side to instead having the lowest standards—like a smelly industrial slum city with high crime.] The Agenda does NOT mention part of the proposal would destroy a 35 year city standard and ample limit of 10 calendar days—period, annually—for motor home storage on the public streets by adding an unwarranted harmful loophole, changing it to allow an individual property owner(or their guest) to park a motor home 365 days a year on your street or mine, and thereby negatively impacting neighborhoods and property values. The Agenda does NOT mention that part of the proposal would harm public safety and property protections and allow people to legally wash motor homes etc. on the public street, depositing debris (detergent, mud, tar) on the street and flowing downhill into neighbors' driveways and properties, while creating hazards and obstructions by standing in the middle of a street with a hose (bucket, etc), and with the moving hose out to the street creating hazards for people simply trying to use the public sidewalk! [re these sections of TMC code: "If it ain't broke, don't fix it!!"] 9) Given that the amendments are therefore clearly NOT simply minor changes to code, but proposals which will likely harm many property owners throughout the city, advance notice should have been duly sent to all those affected. This evident concerted pattern of lack of proper notice and misrepresentation and omissions is highly improper and unacceptable, and regarding the conduct of whoever was responsible [irresponsible]. Objections and Solutions: Regarding the text and substance of 4 proposed parking code amendments: If it ain't broke, don't 'fix' it ! 10.28.022, 10.28.030 ; 7.6.010, 7.60.020 [attached: sections of current code and proposed changes; my corrections are in red] Exhibit Cl: 10.28.022 : This section of Chapter 10 is time-honored,well-constructed code, which was taken from a boilerplate template of code from the best communities in the USA. This section of Chapter 10 should NOT be revised. Keep current wording. {Also, the planner made an error on this page; can you find it?} C. Washing It has always been illegal to wash vehicles on public streets in Tigard. The proposed change was internally precipitated; there is NO overwhelming grass-roots support for this change. I have already stated my objections above; I live on a hill and water and sludge flow downhill, leaving a filmy residue for others. Washing vehicles in the street unlawfully obstructs traffic, pedestrians, and sidewalks. It is also unsightly. And it's just $2 to wash a car, truck, boat or motor home at a self-serve car wash. Photos: IMG_1-4 jpgs Sherwood, Oregon code: "10.03.020 - Prohibited practices. 3. Washing, greasing, or repairing such vehicle, except as may be necessitated by emergency;" Sherwood has the same standard here as Tigard. Let's don't lower Tigard's standards below Sherwood's! Bloomington, Indiana(last employer of new planner Buff Brown): 15.32.040 -Parking for certain purposes prohibited. "No person shall park a vehicle upon any roadway for the principal purpose of displaying such vehicle for sale or washing, greasing or repairing such vehicle, except repairs necessitated by an emergency." D. Storage, for any period of more than 24 hours. Keep current section wording. For 35 years, Tigard has used 24 hours as the benchmark for prohibited vehicle storage. This 24 hour limit serves notice to people to park but not to store vehicles on streets, and 24 hours gives the TPD more leeway to get vehicles off the street in a timely manner. In fact, it can currently take 2-3 weeks to get a vehicle off the public street. Extending the long-time threshold of 24 hours by 7X what is currently permitted will further delay the process by a week,which is foolhardy and irresponsible. The direct consequence of this reckless proposal would be a steady increasing proliferation of persons deliberately abusing the law. Currently, Tigard code on this subject is the best on the west-side. Changing this section to refer to a 7 day storage limit(Chapter 7.6)would take us from #1 to last place! No respectable city in this area has a 7 day storage limit. Only ugly smelly industrial cities with high crime have such poor standards. Our area and standards are NOT the same as such blighted cities. Longer permissive street storage also invites property crimes, and selfish or predatory neighbors storing their multiple vehicles constantly in front of other neighbors, leading to conflicts. Exhibits D1,D2, D3 Furthermore, a 'stored vehicle' is NOT the same as an 'abandoned vehicle' (even if someone wishes to classify them together). Tualatin: unlawful storage >= 72 hours; in public off-street parking= 24 hours; Lake Oswego: unlawful storage> 72 hours; abandoned vehicle =24 hours; Sherwood: abandoned vehicle or appears to have been stored= 72 hours; Bloomington, Indiana (former employer of new planner Buff Brown): abandoned vehicle =three days [72 hours] Let's keep the current code text and - Let's keep Tigard#1! 10.28.030 B. 3. Keep the Current Wording. Exhibit C2 For 35 years, 10 days in a calendar year, period, has been the total limit a property owner can park/store a motor home on the public street in front of their property. The proposal wording loophole would actually permit any property owner(or their guest) to park a motor home on the public street 365 days per year! That's a reckless and irresponsible proposal, and would definitely invite abuses, blatantly harming residential neighborhoods. That loophole, too, would be absolutely further abused by the very persons breaking the laws presently. That's a trailer park mentality,which has never ever been tolerated in Tigard. The current code is patently clear, and easy to verify and enforce. The proposed change does NOT have any overwhelming public support. (Maybe<=1%property owners). Let's Keep the Current Wording. Example: Lake Oswego, OR: ii. A recreational vehicle, house trailer or motor home may be parked on a street longer than the period allowed in subsection (1)(b)(i) of this section if: A. It is owned by the resident or guest of the resident of the property in front of which it is parked; B. It is parked on the street adjacent to the lot of the resident; and C. It is parked on the street no longer than ten days in any calendar year. Failure to move a motor vehicle for ten days constitutes prima facie evidence of violation of this section. iv. Tractor Trailer, Truck Trailer. No person shall at any time park a tractor trailer or truck trailer unattended on any street within the City limits. Example: Bloomington, Indiana(Buff Brown's last employer): 15.32.070 - Certain vehicles—Two-hour limit. No person shall allow a truck, trailer, tractor, bus, house trailer, semi-trailer, or other vehicle having a load capacity in excess of one ton,or a length in excess of nineteen feet, or a height in excess of six feet six inches, or a width in excess of seven feet to be parked upon the streets of the city in excess of two hours. Tigard's standards should NOT be lower than Lake Oswego or Bloomington, IN! Let's KEEP the Current Wording! 7.60. 010 Exhibits El, E2 To be consistent with Chapter 10, 7.60.010 should read like my Exhibits El and E2, as follows: d. The vehicle appears to have "stored" as that term is defined in Section 10.23.022 This Keeps the Current Wording. 6. "Stored" or "Storage" means any vehicle that has remained in the same location for a minimum of 24 hours. Again, No other local city on the west side permits longer than 72 hour storage on public streets. Presently, Tigard's standards are the#1 best on the west side—Let's keep Tigard#1! A "minimum of 7 days" would be patently reckless and irresponsible public policy. 7.60.020 C. 1. "twenty-four hours" Keep the current code wording. In summation, the input, research, exhibits and comments in my letter constitute my written and duly submitted citizen testimony to the City of Tigard on these matters, and for this public hearing and any related or subsequent hearings. The planning dept. obviously has spent the preponderance of their time on these matters showing patent favoritism by imposing restrictive 2 and 4-hour parking limits for the vocal Main St folks (as usual), while deliberately and unconscionably trying to eradicate 35 years of excellent parking code for the rest of us who live and own property here —by attempting to lower parking and storage standards in all residential zone neighborhoods. That's deplorable. And the lack of proper notice by a government body or agency is unacceptable in a free and democratic society aspiring to transparency. "Haste makes waste", and if "it ain't broke, then don't break it." Thank you. Sincerely and with Best Wishes to the Mayor and Councilors, Michael Brewin SW Morgen retired: Tigard resident and property owner since the 1930` former college teacher, Aide to Ron Wyden, Advisor to the Tigard Chief of Police, Facilitator of Tigard public meetings and hearings, News Editor. Important: Please convey this letter and my input (a lot of last-minute hard work, on my part to put this together — without sufficient notice), complaint, objections, and careful conscientious remedies, and attachments to Mayor Cook, the City Councilors, and Planning, in time for their review and prior to the public hearing of Dec. 5, 2017. Exhibit A2-Non-specific notice,intemet bulletinboard.tiff-Windows Photo Viewer ISS CITY OF TIGARD Public Hearings and Public Notices Current meeting materials for City Council and other City meetings. Hearing dates are tentative and subject to change. MON., DECEMBER 4-HEARINGS OFFICER ERIKA COURT SUBDIVISION TUES.,DECEMBER 5-CITY COUNCIL CODE AMENDMENT: PROPOSED PARKING PROGRAM City Council Public Hearing Item Tuesday,December 5,2017,6:30 p.m. (Actual time of Public Hearing is approximate based on other agenda items) Tigard Civic Center- Town Han, 13125 SW Hall Blvd.. Tigard,Oregon • Legislative Public Hearing-Consider Amendment to TMC Chapter 10.28 Proposed Parking Program COUNCIL AGENDA:Available one week Door to me tingdate STAFF CONTACT:Buff Brown,Associate Planner,Community Development, buffb@ttaard-or.gov or 503-718-2557 Tues., December 5 - City Council Code Amendment: Proposed Parking Program City Council Public Hearing Item Tuesday,December 5,2017, 7:30 p.m. (Actual time of Public Hearing is approximate based on other agenda items) Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon • Legislative Public Hearing - Consider Amendment to TMC Chapter 10.28 Proposed Parking Program COUNCIL AGENDA: Available one week prior to meeting date STAFF CONTACT: Buff Brown,Associate Planner, Community Development, buffb@tigard-or.gov or 503-718-2557 AIS-3224 6. Business Meeting One Meeting Date: 12/05/2017 Length (in minutes): 40 Minutes Agenda Title: LEGISLATIVE PUBLIC HEARING: Consider Amendment to TMC Chapter 10.28 - Proposed Parking Program Submitted By: Buff Brown, Community Development Item Type: Ordinance Resolution Public Hearing - Legislative Meeting Type: Council Business Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE This is a public hearing for updates to the parking ordinance and the abandoned vehicle ordinance. The parking ordinance, TMC 10.28, is being considered for amendments that include a new 4-hour time-limited parking option, a parking permit option, and the removal of location-specific code that can now be specified by signage. These amendments also include minor changes to the abandoned vehicle ordinance, TMC 7.60. This also includes a resolution to amend and include parking fines and parking permit fees into the Master Fees and Charges Schedule. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends adoption of the ordinance amendments, and approval of the resolution to the Master Fees and Charges Schedule. KEY FACTS AND INFORMATION SUMMARY The downtown has seen new levels of demand for parking over the last year. Surveys of parking have shown that areas of on-street parking downtown are at capacity for a number of hours each weekday. Enforcement of the 2-hour parking was increased after surveys indicated numerous 2-hour violations were reducing customer access. Meanwhile, Atwell-Off-Main opened and an influx of new residents also brought increased demand. A 3-phased parking plan was devised to optimize downtown public parking for customers, employees, and residents. Phases 1 and 2 have been completed, which expanded the on-street 2-hour parking areas. Phase 1 included making Ash at Burnham 2-hour parking (completed in April 2017), and Phase 2 included making Tigard Street and a portion of Burnham 2-hour parking (completed in November 2017). Phase 3 is to make sure cars are not being stored on the street, and that employee and residential parking is available in low-turnover areas. This is also an opportunity to update the parking code (TMC 10.28) and the abandoned vehicle code (TMC 7.60) to improve clarity and consistency and make minor changes relating to updated state statutes and make minor improvements to the ordinance. The ordinance amendments fall into 4 categories: Updated Terminology and Clarification : These are minor changes due to new terminology in state statutes and to help clarify ordinance language, some are changes to the code to be consistent with state statute, and some are minor changes to what activities are allowed or are prohibited. This also includes real changes and clarifications to the Abandoned Vehicle section (7.60). 1. Parking Regulation as Specified by Signage : A substantial number of provisions in the current Tigard Municipal Code 10.28 are detailed descriptions of locations where particular parking regulations apply. These details are being removed and replaced with "...as specified by signage." On April 5, 2016, the City Council amended an ordinance to give authority to the City Manager to make changes to parking by managing the signage. These ordinance changes align with that amendment. 2 Permit Parking : These are additions to the code that create a 4-hour time limit and create a permit option that exempts permit holders from the 4-hour time limit. 3. Disabled Parking : The ordinance is updated with the language in the state statute for clarity and enforceability. 4. The changes to the Master Fees and Charges Schedule includes a new section specific to parking and will list the violation fines and permit fees. Based on peer cities comparison and recent enforcement, staff recommends the overtime parking fine remain S50, parking illegally in a space for persons with disabilities - S160 (similar to state fines), all other parking violations - S50, a monthly parking permit fee - S35. The cost of a construction parking permit is recommended at S5/weekday if parking in 2-hour spaces and S3/weekday for 4-hour spaces. OTHER ALTERNATIVES The Council may recommend changes to the language and may recommend adjustments to fees and fines, or may deny or delay the amendments and/or the resolution. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Strategic Plan: Goal #2: Ensure development advances the vision. Objective #1: ... Encourage town center development and business expansion (Washington Square, Downtown, Triangle), including high-density housing development around shopping, business and transit. City Center Urban Renewal Plan: Goal #4: Downtown's streetscape and public spaces should be pedestrian-friendly and not Goal #4: Downtown's streetscape and public spaces should be pedestrian-friendly and not visually dominated by the automobile. Goal #5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments. DATES OF PREVIOUS COUNCIL CONSIDERATION 7/18/17 Downtown Parking Ordinance Introduction, Buff Brown 5/9/17 Downtown Parking Plan, Buff Brown 4/5/16 Amend Parking Ordinance, Sean Farrelly 12/1/15 Update on Downtown Parking, Sean Farrelly 6/2/15 Downtown Parking Plan Update, Sean Farrelly 12/2/14 Downtown Parking Management Update, Sean Farrelly Fiscal Impact Fiscal Information: Estimates of Permit sales initially is 25 permits/month. At S35/month, this is S875/month. 0 TIGARD MUNICIPAL CODE (2017) which by reference herein are made a part public way within the city limits for any of the of this chapter: following purposes: 1. "Camper" is defined as set forth in A. Selling or offering merchandise for sale; ORS Section 801.180. B. Displaying the vehicle for sale; 2. "Highway" or "street" is defined as Washing, set forth in ORS Section 801.305. 13-0. Washing, gGreasing or repairing such vehicle except as may be necessitated by 3. "Mobile home" is defined as set emergency. forth in ORS 801.310. D. Storage,for any period of more than 24 hours C. Storage, for any period of more than 21 4.3. "Motorbus" is defined as a .. Commercial Bus as set forth in ORS 801.200. to the limits elsewhere prescribed in the city motor vehicle code or as may be prescribed by the Oregon 5-4. "Motor home"is defined as set forth State Motor Vehicle Code.It shall constitute prima in ORS Section 801.350. facie evidence of storage of a vehicle if the same is. not moved for a period of 21 hours. The continuity 6-5. "Motor truck"is defined as set forth of the time shall not be deemed broken by in ORS Section 801.355. movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the 7. "Recreational vehicle" is defined a:, block where it was located before it is returned. f,et forth in ORS 416.003. Any vehicle mentioned in this subsection parked on the right of way of any highway, or upon any 8-6."Trailer" is defined as set forth in public street or public way within the city in ORS Section 801.560. violation of this subsection may be treated as an abandoned vehicle and the provisions of Chapter 9.7. "Travel trailer" is defined as set 7.60 shall apply. (Ord. 93 21 §3)[retain current code] forth in ORS Section 801.565. 10.28.025 Vehicle Sales On Private 1-0.8. "Truck tractor"is defined as set Property forth in ORS Section 801.575. (Ord. 99-28; Ord. 93-21 §1; Ord. 70-41 §1) A. No property owner,unless in compliance with the provisions of Chapter 5.04, Business 9. "Truck trailer"is defined as set forth Taxes, and in further compliance with all in ORS Section 801.580. applicable zoning codes,shall allow more than one vehicle to be displayed for sale on his or her 10.28.020 Repealed By Ord. 93-21 property. 10.28.022 Purposes For Which Parking Is B. Violation of this section shall be a Class Prohibited 1 infraction and shall be subject to the provisions of the civil infractions ordinance, Chapter 1.16 of No person shall park a vehicle on the right-of- this code. (Ord. 87-40 §1) way of any highway, or upon any public street or 10-28-2 Code Update: 6/14 TIGARD MUNICIPAL CODE 10.28.030 Truck,Trailer,Bus, Camper, Ord.79-109§1;Ord.76-57§1;Ord.76-30 §1;Ord. Motor Home, 70-41 §3) Vehicle,And Boat Restrictions E. These restrictions shall not apply to any A. No person shall at any time park or leave City-owned or public-owned vehicle that is standing a motor bus, motor truck, truck tractor, operating in an official capacity. motor home, boat, vehicle with camper, recreational vehicle, or trailer, as defined in ORS 10.28.040 Removal Of Parked Vehicle 801.560, whether attended or unattended, on any From Fire Area improved public highway, public street or other public way within the city limits, for a period Whenever the owner or driver of a vehicle greater than 30 minutes, between the hours of discovers that such vehicle is parked immediately 12:01 a.m. and 6:00 a.m. 12am-6am. in front of or close to a building to which the fire department has been summoned, he or she shall B. A recreational vehicle camper, travel immediately remove such vehicle from the area trailer or motor home may be parked on a public unless otherwise directed by police or fire officers. street longer than the period allowed in Section (Ord. 70-41 §4) 10.28.030.A if: 10.28.050 Required Precautions 1. It is owned by the resident or guest of the resident of the property in front of which it No person having control or charge of a motor is parked; vehicle shall allow it to stand on any street unattended without first fully setting its parking 2. It is parked on the public street brakes, stopping its motor and removing the adjacent to the lot of the resident; and ignition key and, when standing upon any precipitous grade, the front wheels of the vehicle 3. It is parked on the public street no shall be angled into the curb. (Ord. 70-41 §5) longer than 10 days in any calendar year. : ..• , 10.28.060 Parallel Parking Requirements .. 120m-Gain as peg Section 10.28.030A. No person shall stand or park a vehicle in a street other than parallel with the edge of the C. Such vehicle must be parked in a manner roadway shoulder or curb when present, headed in which does not interfere with traffic or create a the direction of lawful traffic movement, and with hazard by obstructing the view of drivers. No the curbside wheels of the vehicle within 4-8 12 feature of the vehicle may create a hazard to inches of the edge of the curb, except where the pedestrian traffic, including but not limited to slide street is marked or signed for angle parking. (Ord. outs,canopies and retractable steps. 70-41 §6) D. Tractor Trailer,Truck Trailer.No person 10.28.070 Space Markings shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010.0 unattended on Where parking space markings are placed on any improved public highway, public street or a street, no person shall stand or park a vehicle other public way within the city limits. (Ord. 01- other than at the indicated direction and within a 23; Ord. 93-21 §4; Ord. 81-86 §1; Ord. 81-84 §1; single marked space. (Ord. 70-41 §7) 10-28-3 Code Update: 6/14 zxh . 6 - 1 will not C-571 pen . CRIME OVERVIEW: Tigard compared with other cities Crime Rates: We're#1 : Tigard has the lowest violent crime rate of all surrounding cities Tigard has the second highest property crime rate of surrounding cities; only Portland has a higher property crime rate. Tigard,Oregon,violent crime,on a scale from 1 (low crime)to 100,is 11.Violent crime is composed of four offenses:murder and nonnegligent manslaughter,forcible rape,robbery,and aggravated assault.The US average is 31.1. Tigard,Oregon,property crime,on a scale from 1 (low)to 100,is 48.Property crime includes the offenses of burglary,larceny-theft,motor vehicle theft,and arson.The object of the theft-type offenses is the taking of money or property,but there is no force or threat of force against the victims.The US average is 38.1. Tigard,OR Portland.OR United States Violent Crime 10.7 43 31.1 Property Crime 48.1 62 38.1 Lake Oswego,OR Beaverton,OR United States Violent Crime 20.3 13.7 31.1 Property Crime 21.9 27.9 38.1 Tualatin,OR Sherwood,OR United States Violent Crime 31.9 18.1 31.1 Property Crime 43.8 18.5 38.1 Tacoma,WA Bloomington,IN United States Violent Crime 69.3 27.9 31.1 Property Crime 74 51.1 38.1 Comparison of Tacoma, WA (where the new TPD Chief last worked) and Bloominton, IN (where city planner B. Brown last worked). The public safety in these cities is noticeably much worse than Tigard's, reflecting Tacoma's and Bloomington's evident lower community standards, property values, expectations, and prevention. IC) A Microsoft Office 2010 = File edit View Picture Tools Help Shortcuts... . 4-1 44 X 100% - 4 . A Edit Pictures-. A auto Correct IF CRIME Tigard Portland-Vancouver-Hilisboro Metro Oregon State lb United States 48.1 43.1 Propert, - _ 48 38.1 10.7 30.5 Violent 23.6 31.1 0 10 15 10 25 30 35 40 45 50 55 Crime Index(1 to 100) 1 , Least Crime Exhibit 03-Tigard_cnmedpg Zoom: „ 'N. TIGARD MUNICIPAL CODE Chapter 7.60 ABANDONED OR STORED VEHICLES. c. The vehicle appears to be wrecked, partially dismantled or junked;—er_ Sections: d. The vehicle appears to have been 7.60.010 Definitions. "stored" as that term is defined in Section 7.60.015 Abandoned Or Stored Vehicles- 10$.022 3)of ths Coe; or -Offense. d. The vehicle appears to have been "stored"as that term is defined in 7.60.020 Removal--Notice. e. 'c°itg"NiTele2h'd tfl'e'e'i ai'f °d in the 7.60.030 Removal--Procedure. same position, or within the five hundred foot 7.60.040 Information Provided By radius of its earlier position, for a period of at least Tower. thirty(30)days. 7.60.050 Impoundment--Notice. 7.60.055 Hearing To Contest Validity Of 2. "City" means the City of Tigard. Custody And Removal. 7.60.057 Exemption For Criminal 3. "Costs" means all expenses associated Investigation. with the towing, storing and selling a vehicle in 7.60.060 Appraisals. violation of Section 7.60.015. 7.60.070 Vehicles--Disposition. 7.60.080 Sale--Notice. 4. "Chief of Police" includes the Chief, 7.60.090 Sale--Procedure. designee of the Chief or any authorized law 7.60.100 Redemption Before Sale. enforcement officer of the City, including code 7.60.110 Sale--Proceeds Disposition. enforcement officers. 7.60.120 Application. 7.60.130 Charges. 5. "Owner" means any individual, firm, 7.60.140 Forms. corporation or unincorporated association, 7.60.150 Claim Of Owner To Proceeds. partnership, limited liability company or other entity with a claim,either individually or jointly,of 7.60.010 Definitions. ownership or any interest of record, legal or equitable, in a vehicle. A. As used in this chapter, unless the context requires otherwise: 6. "Stored" or "Storage" means any vehicle that has remained in the same location for a 1. "Abandoned" or "abandoned vehicle" minimum of .24 hours means any vehicle that has been deserted or relinquished. A vehicle shall be considered 67. "Vehicle"means every device in,upon or abandoned if it has remained in the same location by which any person or property is or may be for more than twenty-four hours and one or more transported or drawn upon a public highway, of the following conditions exist: except devices used exclusively upon stationary rails or tracks. (Ord. 97-04; Ord. 92-31 §1, 1992; a. The vehicle has an expired license Ord. 90-04 §1, 1990; Ord. 73-24 §1, 1973). plate; or 7.60.015 Abandoned Or Stored Vehicles- b. The vehicle appears to be -Offense. inoperative or disabled; or 7-60-1 SE Update: 12/01 614 TIGARD MUNICIPAL CODE 1. It shall be unlawful for any person to examining the records of the appropriate abandon a vehicle on any public right of way or Department of Motor Vehicles. other public property within the City of Tigard. The owner(s)of the vehicle shall be responsible for B. If a vehicle is found abandoned or stored as any and all monies incurred or charges associated described above, the City shall give notice to with the cost of the removal, storage, detention, remove the vehicle by both the following methods: maintenance and disposition of the abandoned or stored vehicle. 1. By affixing a notice to tow the vehicle with the information set out in subsection C.below; 2. Except for those vehicles subject to the and provisions of subsection 3 below, a vehicle found to be in violation of subsection 1 above, is subject 2. By mailing notice,by via first class mail to the provisions for notice,removal,impoundment and also certified mail with the receipt stamped as and disposition as provided for under 7.60.020, proof of mailing, at least five (5) days prior to 7.60.030, 7.60.050, and 7.60.070 to 7.60.110 of towing the vehicle. A notice may also be sent to this Chapter. any other persons who reasonably appear to have an interest in the vehicle.The five-day period under 3. In the event a vehicle is abandoned or this paragraph does not include holidays,Saturdays stored upon a public right of way or on public or Sundays. property which vehicles has, on two prior occasions within a one (1) year period, been C. The notice referenced in subsection B. above identified by the Chief of Police as abandoned or shall state: stored and the owner thereof has been given notice consistent with the terms of Section 7.60.020 on 1. That the vehicle violates Chapter 7.60 of both prior occasions,then the vehicle is deemed to this the Tigard Municipal Code and as a result, is be a threat to the traveling public and can therefore subject to being towed and impounded if the be immediately towed and impounded by the City vehicle is not removed within twenty f u.. hours without prior notice to the owner or apparent owner tuA, date,and tonic. twenty-four hours thereof. However,notice consistent with 7.60.050 shall be sent to the owner/ or apparent owner 2. That the vehicle, if towed and thereof within forty-eight (48) hours of the impounded, will be subject to towing, storage and impoundment, excluding Saturdays, Sundays and other related charges and costs and may be sold to legal holidays. satisfy those charges. 4. The violation of this Chapter is a Class B 3. That the owner or lawful possessor traffic infraction. (Ord. 97-04; Ord. 90-04 §1, having an interest in the vehicle is entitled to a 1990). hearing, to contest the proposed tow and the reasonableness of any charge resulting from the 7.60.020 Removal--Notice. tow as well as for any cost of impoundment. A. It shall be the duty of the Chief of Police, 4. That a hearing must be requested within whenever a vehicle is found abandoned or stored five (5) business days of the mailing date of the on any public right-of-way or public property, to notice. determine the owner(s) thereof, by any reasonable means necessary including but not limited to D. 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'1 ' - .) ) 1 NO. . . .:t..r*a ,. i,. ,,iiitilliglrii. ,''" '• '' . • ..,1b.. • ,,,,,• 1,..,••')*.:4,11,01'%...', ' r ,, 4111k 46... ,, e i ,. ' M 7err"piP �t ' '£; �5'""Ffy s' , \ F6 441 + e1n '"oma, .d . d .a,Aa •r fit- x. x �F °w - �-n. ,, .... s M tr "• Vit, t w , I .. sYB , .0::,*, -***..iim•iiiiii.11111111 j i � 'if . W sop our v 4 Aoki, I\ fi { f o SU `I' .EMENTA L�PACIT 47 2 FOR DATE O'F MEETING) MEMORANDUM .1,11111TIGARD TO: Tigard City Council FROM: Buff Brown RE: Amendments to the Parking Ordinance DA 1'E: 12/5/17 Staff recommends the following three changes be made to the ordinance. The language below shows the corrected version. I. Underline Subsection 10.28.022.B No person shall park a vehicle on the right-of-way of any highway, or upon any public street or public way within the city limits for any of the following purposes: A. Selling or offering merchandise for sale; B. Displaying the vehicle for sale; II. Remove the "or" at the end of Subsection 10.28.145.B.2 B. Within the applicable hours specified by signage,where the maximum parking time limit is 4 hours,a vehicle will be deemed to have been parked longer than the time allowed if: 1. the vehicle remains in any one 4-hour parking space more than 4 hours and does not have a permit,pursuant to 10.28.138 or 10.28.139,or, 2. the total time of parking in any 4-hour spaces within 300 ft of each other exceeds 4 hours. III. Delete Subsection 10.28.145.0 SUPPLEMENTAL PACKET FOR 1 z —�— ?-617 11)evt da 11-tr�c� (DATE OF MEETING) 2017 Annual Report of the Town Center Advisory Commission to the Board of the Town Center Development Agency December 1, 2017 The Town Center Advisory Commission (TCAC),which formally changed its name from the City Center Advisory Commission (CCAC)in September 2017, adopted annual goals and objectives for calendar year 2017.The annual agenda for the TCAC was largely devoted to developing and implementing the goals. This report is organized around the adopted 2017 TCAC Goals and Objectives. Goal 1. Support URA Project Infrastructure&Development a. Monitor, review, and provide input on key projects b. Monitor and review Improvement Programs Implementation Key Projects o Attwell off Main implementation o Fanno Creek Remeander o Main @ Fanno &associated Brownfield work o Parking management(public parking facilities) o Public restrooms o Tigard Street Heritage Trail&plaza development o Urban Lofts/Nicoli(transit&housing) Outcomes: Staff provided the TCAC with regular updates on the progress of the Attwell off Main (Ash/Burnham) mixed use redevelopment project,which officially opened May 2017. The Main Street at Fanno Creek project reached major milestones,including the demolition and remediation of the site utilizing EPA Brownfields grants. In addition to regular briefing by staff to the whole commission,two Commissioners served on the interview panel for the Request for Letters of Interest to develop the site.The panel interviewed the one respondent and made a recommendation to the Board of the TCDA to start negotiating a development and disposition agreement(DDA).The TCAC looks forward to the completion of DDA negotiations once the environmental requirements have been met. The TCAC was briefed on new downtown parking regulations that are under consideration. The TCAC was briefed on the Tigard Street Heritage Trail design.The TCAC has stated a strong preference for public restrooms and a water feature to be included in the design of Rotary Plaza. The TCAC chair and vice chair wrote a letter of support for a Federal"Our Town"grant application to fund public art and historic installations that would add amenities for the trail. The Commission was briefed regularly on the Metro CET grant-funded Main Street Lofts project to study the Tigard Transit Center and neighboring properties for redevelopment. At the October meeting the TCAC reviewed the Financial Analysis and Implementation Strategies and endorsed a strategy to continue to pursue affordable housing as a part of the SW Corridor project.The TCAC supported and participated in the process that resulted in the May 2017 voter approval of a 1 Substantial Amendment to the City Center Urban Renewal plan. The amendment increases the size of the district by 37.7 acres,thereby increasing the District's capacity to reach the approved maximum indebtedness by$2.8 million.This will ensure more urban renewal projects are completed. Two commissioners and one alternate served on the committee that awards grants through the Urban Renewal Improvement Program. Goal 2. Monitor Mid/Long-term projects located downtown and/or likely to have impacts on downtown Implementation o Equitable Housing Grant o Civic Center Facilities Planning o Main St/Green St Phase II o Sidewalk Infill(area of interest: Hall Blvd) o SW Corridor o Plaza opportunities Outcomes: Commissioners receive regular briefings on the Equitable Housing Grant activities. Individual commissioners also attended the SW Corridor Equitable Housing:Learning&Sharing Session. City Center Facilities planning updates from the council liaison and the TCAC chair have been shared as liaison reports,while the TCAC Vice Chair serves on the Levy and Bond Advisory Task Force related to City Center Facilities Planning. Members of the TCAC participate in SW Corridor planning activities and the TCAC has a designated representative and alternate representing the commission on the SW Corridor Citizens Advisory Committee. TCAC has been briefed by engineering staff on the Capital Improvement Plan(Main Street/Green Street phase 2) and sidewalk infill gap analysis and potential future funding. Plaza opportunities within the Tigard Street Heritage Trail and the Main @ Fanno redevelopment site have been considered by the TCAC. Goal 3. Communications &Engagement a. Liaisons b. Tigard Downtown Alliance c. Communication appropriate for all Tigard communities d. Communication with Council/CCDA Board e. Work with Economic Development staff Implementation a. Liaison Role&Scope o Attend meetings when downtown related agenda items listed o Identify liaisons for TT AC,SW Corridor CAC,and PRAB.Appoint main liaison and a second. 2 b. Invite TDA to provide regular briefings c. Advocate for a variety of outreach activities and formats to promote inclusive communications d. Chair/Vice Chair regularly attend Council/CCDA Board meetings [when downtown related agenda items listed] and majority of Commissioners will attend/participate in Joint Meetings with CCDA e. Engage existing Downtown business/property owners and potential developers/new businesses Outcomes: The TCAC continued to maintain and improve its communications with other boards and commissions. One or more commissioners routinely attended meetings and/or monitored the agendas of the Tigard City Council,Park and Recreation Advisory Board (PRAB),Tigard Transportation Advisory Committee (r. AC) and the TTAC Bicycle and Pedestrian Subcommittee. The TCAC named liaisons to these committees.The TCAC had two joint meetings with the Board of the TCDA in 2017.The chair of the TCAC regularly attended TCDA Board meetings,and Council/TCDA's liaison regularly attends TCAC meetings. The Tigard Downtown Alliance (TDA) Chair provided updates to the TCAC on current activities and to discuss ways to collaborate on downtown revitalization twice in 2017. Commissioners attended events planned by the TDA,including Downtown Dialogues and the field trip to Milwaukie. TCAC members also attended the 2017 Oregon Main Street Conference in McMinnville. TCAC members provided communication recommendations related to increasing access to public meetings that staff adopted. TCAC was briefed by independent commercial real estate experts on the current commercial market for retail and other commercial spaces in Downtown Tigard. Goal 4. Walking&Parking Focus • Develop policy and project recommendations to support the city's Strategic Plan& the City Center Urban Renewal Plan Implementation o Learn about Downtown walking and parking o Consider opportunities related to the Tigard Street Heritage Trail o Consider mobility and accessibility concerns Outcomes: The TCAC researched and discussed policy and project recommendations to support the city's Strategic Plan&the City Center Urban Renewal Plan. Final recommendations to the TCDA are included as an attachment to this report. The Town Center Advisory Commission looks forward to further progress in the year to come, particularly on working on its new charge to provide recommendations on implementing the Tigard Triangle Urban Renewal Plan. 3 On behalf of the Town Center Advisory Commission, /. Rcs�,2A-j anne Arendes Kate Rogers C Chair Vice-Chair 4 Attachment A Recommendations for 2017 TCAC Annual Report Recommendations for Town Center Development Agency Consideration Background The Town Center Advisory Commission (TCAC)is charged with advising the Town Center Development Agency (TCDA) on policy and projects related to the City Center Urban Renewal Plan and the Tigard Triangle Urban Renewal Plan. Prior to September 5, 2017, the commission was known as the City Center Advisory Commission (CCAC),and for the majority of 2017 the group's advisory capacity was limited to the City Center Urban Renewal area. The commission is charged with producing an annual report and recommendations for the TCDA's consideration. The commission adopted a goal to develop policy and project recommendations related to walking and parking to support the city's Strategic Plan and the City Center Urban Renewal Plan at the beginning of 2017.The intent was to gain general knowledge about walking and parking in downtown retail districts and information related to current walking and parking conditions in Downtown Tigard.The research conducted on walking and parking allowed the commission to develop a shared group understanding of the Downtown walking environment and potential for improvements. Findings Walkable downtowns provide a variety of destinations that attract users throughout the day and into the night.A number of possible responses to enhance walkability were identified in the research process and commissioners were encouraged to see that the city has already adopted many commonly recommended policies,such as initiating a Safe Routes to Schools program, changing regulations to increase street connectivity,adopting pedestrian-friendly design standards,and managing public parking. One important lesson from the commission's research is that destination,activities, and events bring people downtown. So although parking serves an important function,it is a supportive function-not a reason to come Downtown.Ultimately,Downtown Tigard will be a successful walking neighborhood when there are a wide variety of destinations that are comfortable and safe for people of all ages and abilities to reach by foot. 2017 Recommendations The Commission developed the following recommendations to ensure continued investments and support for the Main Street revitalization currently underway,with an emphasis on actions that support walking access into Downtown and encourage walking within the area.Recommendations are intended to be achievable in the short-term and support existing policy adopted in the city-wide Strategic Plan, the Tigard Downtown Improvement Plan and the City Center Urban Renewal Plan. • Prioritize lighting for trails that lead into Downtown and identified segments of the Fanno Creek Trail within Downtown • Ensure sufficient visitor parking is available through the implementation of Phase 2 and 3 of the Downtown public parking management plan,including management of employee parking • Proactively seek opportunities to acquire and consolidate land over the next two years for public spaces and to ensure a range of housing options is available to Tigard residents and families of all income levels • Continue funding of the urban renewal improvements grant program at a level of$50,000- $100,000 a year for each district AGENDA ITEM No. 6 Date: December 5, 2017 SUPPLEMENTAL PACKET TESTIMONY FOR l (DATE OF MEETING) SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — Consider Amendments to TMC Chapter 10.28 (Parking Ordinance) and TMC Chapter 7.60 Abandoned Vehicle Ordinance This is a Cite of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. .=ll written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in Cite of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony , AGENDA ITEM No. 6 Date: December 5, 2017 PLEASE PRINT This is a it of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. .:ll written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of'persons who attend or participate in Cite of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. \11 tin13‘1/ 77.7) L4C11-1011 . t, r Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. nfolf 52�ISw Nf ) 9 1,z; Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. • r" Ali City of Tigard Respect and Care I Do the Right Thing I Get it Done Downtown Parking and Ordinance Update Dec 5, 2017 t a 4 O TIGARD 4 0-3 C1 City of Tigard Parking issues : • Attwell-Off-Main — 92+% full • Dog Park users • Park & Ride spillover • High Demand on Main St • Old Parking code City of Tigard The Ad m i n i st rc: Urban Form Parking Policy Parking Parking Parking Benefit Facilities Restrictions Enforcement Evolution of Parking Step1 Suburban Off-street ITE Off-Street No Restriction No Enforcement Free(fully subsidized)Parking Minimums low-density Maximize On- Step 2 Street On-Street No Restriction No Enforcement Maximize Free-Parking Spaces Maximize On- Off-Street Step 3 Street Public Lots No Restriction No Enforcement Maximize Free-Parking Spaces Step 4 Maximize On- Off-Street Time No Enforcement Accommodates short-term visitors Street Public Lots Restrictions (usually retail areas). Regular Maximize On- Off-Street Time Creates consistency and compliance. Step 5 Enforcement Street Public Lots Restrictions (PD) Often self-funding. Public Parking Off-Street Enforced Consolidates parking issues into a Step 6 Permits Department.Create Parking Permit Ordinance Public Lots (Parking Dept) ordinance. Public Parking Enforced Pay for use. Less punative,more Step 7 On-Street Meters acceptable,more revenue,better at Ordinance (Parking Dept) moving employees to off-street spaces. Public Parking Off-Street Enforced Expensive,but really improves density. Step 8 Permits/Meter Best if shared--multi-use,unreserved Ordinance Public Garage (Parking Dept) parking. Neighbor On- Off-Street Enforced Parking spilling into neighborhoods, Step 9 Permits/Meter which can either ban it or benefit Street Permits Public Garage (Parking Dept) financially from it. Privately- Demand gets to the point that the garage Step 10 Parking Parking Owned Permits/Meter will pay for itself(no subsidy),less goy Urban Walkable Moritorium Management Co Garages involvement for off-street parking. City of Tigard Parking Ordinance • Updates (clarify, consistency w state law & current practices) 1 Parking Code (TMC 10.28), 1 Abandoned Vehicle Code (TMC 7.60). • Parking Code changed to "as specified by signage" • Downtown Parking plans — Phases 1, 2, and 3 • New Tools for Parking: / Enforcement / 4-hour & Permit Parking • Public Outreach and Response City of Tigard ParkingCode : by Signage • Remove detailed locations, time, day 4 change to "...as specified by signage." for 2-hour time-limited parking (10.28.090), / Sunday Parking Restrictions (10.28.120), / No Parking (10.28.135), Loading Zones (10.28.137), 1 15-minute parking (10.28.110) • Changing Loading Zone approval by City Council from by- ordinance to by-resolution. City of Tigard V. - np,! Par!VV,7 ,.. , i7) .,., f) ,, ..- „.. ..., 2-hour '''. 44ik ''',44 ----- ,, ." . Unlimited , . . Before May 3, 2017 • 01 7 ' ' ' . ' / .,, „,,, ' AN „,,,„,/, ” ,,," ,,, IN ''7. /, s ,- ' / VV ‘' " / '''' --- 7 / V „” 4 - / 4.P), . /. , ,./ • .. - , ,,,/ „/"" / ,, ,:.- City of Tigard Administrative Actions • Enforcement Resources enforcement efforts in 2-hr areas Purchase of special parking-enforcement equipment City of Tigard '''',.01;',''-'.- I: I i 1 . L- % of Violating Users .. 90 80% ■ May •July Iii..,,,- Downtown Tigard 60' 50% 40% 30% : 11 _ _ EMIIll 111 Main IS of Burnham) Main(Burnham to RR) Main(N of RR) Burnham lot(2-hour) Symposium lot(2-hour) „ ,,,,,,,,,,, P'; ' ° '4': -72 1',/ City of Tigard Original Parking ., .. , , ,4,i, 7., 41, c‘ 2-hour Unlimited :(//:440:/-1,!• ,,/• • -.;1„7...440 . .,, ... .'''' / 7-/*,6: 4,,,,,: -''' . , -- 5-, „,4\ 4, / "•., //// ''' /,77 7' 0,”' .. ;,,,. /%. '''* 5, ,/ : / ,,,/ // ,, ,. ,/ - r/ / 6.0 7.'' ) + . / / - ,,,S^ .., ...,,‘ -55 i . .,. City of Tigard Phase 1 ...,, '',.." :/ /, *',-,fA.."'iC'*'*A/p''4..-0,4*.?•.-„4°,I.K 2-h.o,, ur // v;c/, / Unlimited May 31 2017 1 / / / / e : , - / / - „ "1 / 4 // s , / / / ••• / •• / ' •-; . /' ' •••i ist.,,s , ,• / , t; / • • .s.<!%, ' 4 •' " / / • 4 / :. : / •••„** " • ../ /- / 'N.:,- e."'. '' / / •;•,:\/ / „,•-•2 .,/ ,,,,,,;., ." "" / .,,, ., ‘ 9. / / / 4, /,• -.:// ,, '„,” „ ,••- - / / / •/_ , / „,/// / •„ , / //' •- •/ • ":/.., •s / • -/ ,•'Si• / ,, 4-- '.4',S• / . : ' / & / I ,, 7 < / 5, /,.....,....., , / / / ' , % / / .• , „"/ / ' / , - ', .„, , / / ,/ / / / / - ,, / / / , „// A-, . , , ,.; A City of Tigard ' /- , . A- , ' ' '''.;;'4:"'"' 'Ile - '" <V 2-hour Unlimited ." ''<'•..e"410,'-.1<' 7 7frn,r)rnh--r 77 7 / / ,./ / ' / e, / ,,, ,,,,,,40 . ...........' 1 „;" ,- f.,.>," / "..'t,'It•Itl,,,f7'"/ ' 0 ''` 'r ' ' ' / ( , ' ' . , / ,,,, ,,, A , 4, ,, • , "?."4 .„, , \ / ''''' / .'''.. /c.IN / ,/ / / 1..,-- ,/ ,,'"''' , 4 / / / •,, / / ':* ' ' / / / 'S's /fr ,,, / / / .../.;"/ / .,'' -, -' / ') / > / '1, // .\ . ' City of Tigard Parking Ordinance : 4-hr & Permit • New 4-hour time-limited parking provision - exempt with valid permit. 1 Any person can purchase permit (monthly). 1 Permit is associated with a particular vehicle license plate. • Costs moved to Master Fees and Charges Schedule 1 Permit fee ($35/month) 1 Parking fine for overstay -$50, Disabled Parking - $160, All others $50. • Permit-only parking 1 Locations approved by City Council resolution. • Time Violation Po 2-hour & 4-hour parking: moving >300ft restarts clock. y, ce City of Tigard `, tt.. Peer City Tigard Milwaukie Oregon City Tualatin Gresham Lake Oswego (Proposed) Permits $20,$45,$50,$60 (monthly) $35 $50 (location NA NA NA dependent) $50-overtime $50-overtime $20-1st offense $30-1st offense Multnomah Co sched: Citation Fines $160 in disabled space $75-if 5 unpaid in year $30-2nd offense $35-2nd offense $39-overtime $15 $50 all other violations $80-where prohibited $40-3rd offense $40-3rd offense $80-where prohibited doubles in 30 days $450-in disabled space doubles in 30 days doubles in 10 days $435-disabled space PD/CSO PD Code Code Code Enforcement PD/CSO Enforcement 2 Enforcement Enforcement art time parking) (.8 (' FTE) (0.5 FTE) (1.5 FTE) (not enforced) (p FTE) Another Block, but Anywhere except A city block or 200 Move to Avoid 300 ft not other side of 2 Blocks NA same side or other ft, whichever is street side of street less. City of Tigard Phase 3 „ /,/ 2-hour sr. 'le"tatIVP / / / - Unlimited / / 4-/S. ' ' 4-hr/permit ,,,,././//7://' dz / *: * X , ' a, , q / e et '- '-, 0 ". 7 ' tt' „,/ ,, .,44., / ,,x / . / / ' / / ' ‘ , ' , / / ,..,,.. ,,,, ,,, -- - \ / ,,,,, , / 49;"/ / ,, _ / 7 4, - ',iZ.• 1- , - ,, - ,..., .„, / / ,., ,,./ ., ' S4, " , / ' / I/ / .."`„, ''. , I ' / , 2 / ' ' .' },/ // / .."*” ,..,--- / ,,,,/ ," / „ ,: City of Tigard Implementation of Phase 3 • Sold on-line and in Permits building • Early 2018 implementation — phased • Final Issues: / Permit costs / Violation costs / Memo of minor amendments City of Tigard Public Outreach and Response • Letters and Open House — Aug 16, 17 • Presentation to TDA • Letters to downtown businesses — Nov 16 • Website comments AIS-3337 7. Business Meeting One Meeting Date: 12/05/2017 Length (in minutes): 10 Minutes Agenda Title: Consider Authorizing the Mayor to Sign an amended Intergovernmental Agreement for the Walnut Street Project Prepared For: Mike McCarthy Submitted By: Mike McCarthy, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the council approve an amendment to an Intergovernmental Agreement (IGA) with Washington County for the Walnut Street Project? STAFF RECOMMENDATION / ACTION REQUEST Authorize the Mayor to sign the amended agreement. KEY FACTS AND INFORMATION SUMMARY In April of 2013, Tigard City Council approved an Intergovernmental Agreement (IGA) with Washington County for transportation and utility improvements on SW Walnut Street. This agreement set the framework for how the project would be completed. The project is now nearing completion, and amendments to two key sections of the IGA are needed. 1. Amendments to memorialize additional work completed during the project, including: a. Replacement of the existing waterline that was found to be significantly deteriorated when unearthed during construction b. Paving of a portion of 112th Avenue that was disturbed for sewer construction c. Installation of flashing lights at a new crosswalk at Walnut Street and 116th Avenue. 2. Amendments to revise responsibilities for plant establishment monitoring in the stormwater treatment swale. The initial plan was for the county and contractor to monitor the site to ensure plant establishment through the one-year contractor's warranty period. After the year was up, the swale would transfer to city jurisdiction and Tigard would need to monitor the swale to ensure plant survival through the required five-year establishment window. This amendment will allow the swale plant establishment monitoring to be accomplished under one contract by one consultant hired by the city,with the county reimbursing the city for the anticipated cost of the first year of work. The rest of the original IGA remains the same, and the project is largely complete. OTHER ALTERNATIVES Council could decide not to authorize execution of the amendment,which would likely result in a more difficult vegetation establishment monitoring process, and may complicate work for county staff in the auditing process. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS This roadway project is #95023 in the city's adopted Capital Improvement Plan, and is included in the Transportation System Plan and other adopted plans. DATES OF PREVIOUS CONSIDERATION The original IGA was discussed on April 2, 2013 and was approved and signed on April 9, 2013. Fiscal Impact Cost: $10,000 Budgeted (yes or no): Yes Where Budgeted (department/program): CIP 95023 Additional Fiscal Notes: Under this agreement, the county would reimburse the city the $10,000 anticipated cost of the first year of the required monitoring and reporting to document that the plants in the stormwater treatment swale are surviving and will provide the anticipated treatment of pollutants in the stormwater running off the newly-widened road. This benefits the public by allowing this work to be done more efficiently under a single contract with a single consultant. Swale ownership and maintenance responsibilities would remain unchanged, with the city taking ownership of the swale as it is along a city street. Attachments Walnut St IGA Amendment Walnut St Original IGA /3 -0.2,2.5 INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD FOR TRANSPORTATION AND UTILITY IMPROVEMENTS ON SW WALNUT STREET (SW 116TH AVENUE TO SW TIEDEMAN AVENUE AND AT THE INTERSECTION OF SW 135TH AVENUE) THIS INTERGOVERNMENTAL AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "COUNTY"; and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "CITY," RECITALS 1. WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has the authority to perform; and 2. WHEREAS, Washington County has an approved and funded Major Streets Transportation Improvement Program project to construct road improvements to SW Walnut Street, a City of Tigard Arterial Street, from SW 116th Avenue to SW Tiedeman Avenue and at the north intersection of Walnut Street with 135th Avenue; and 3. WHEREAS, CITY desires to have utility improvement work (sanitary sewer and franchise utility improvement) completed within and in conjunction with the road improvement project limits along SW Walnut Street; and, 4. WHEREAS, CITY has requested that the design, construction, and inspection of the utility improvement work be added to the road improvements of Walnut Street, and CITY agrees to pay for such requested utility improvement work; and, 5. WHEREAS, under such authority, it is the mutual desire of the COUNTY and CITY to enter into such an Agreement to cooperate in the design and construction of the improvements to the sanitary sewer and franchise utilities as part of the road improvements to Walnut Street, with the allocation of responsibilities as detailed below; AGREEMENT NOW, THEREFORE, the premise being in general as stated in the foregoing recitals, and in consideration of the terms, conditions and covenants as set forth below, the parties hereto agree as follows: Page 1 of 7 1. PROJECT DESCRIPTION 1.1 The COUNTY road project improvements will include: road widening, curbs, sidewalks, bike lanes, street lighting, drainage, landscaping, traffic control, water quality improvements and all necessary permitting on Walnut Street between SW 116th Avenue to SW Tiedeman Avenue and at the north intersection of Walnut Street with 135th Avenue, hereinafter referred to as "ROAD PROJECT" as shown generally on the attached Exhibit A. 1.2 The CITY utility work includes installation of sanitary sewer line with respective sewer lateral installations, connections and installation of franchise underground utility improvements and utility related easement expenses, hereinafter collectively referred to as "UTILITY IMPROVEMENT WORK" as shown generally on the attached Exhibit B. This UTILITY IMPROVEMENT WORK relates to the 116th Avenue to SW Tiedeman Avenue road segment. 1.3 The ROAD PROJECT and the UTILITY IMPROVEMENT WORK are referred to herein as the "PROJECT". 2. COUNTY OBLIGATIONS 2.1 COUNTY shall, upon execution of this Agreement, assign a Project Manager to be responsible for coordination of PROJECT with CITY. 2.2 COUNTY shall perform, or cause to be performed, all actions necessary for the design and construction of the PROJECT including project management, design and construction engineering, property acquisition, including right-of-way as necessary, regulatory and land use permits and approvals, public information, contract administration, inspection and construction management. COUNTY shall coordinate the design of, advertise for, award, and administer the construction contract for the PROJECT. 2.3 COUNTY shall provide CITY with the opportunity for design review of final plans prior to bidding. COUNTY agrees to incorporate CITY comments that do not significantly impact project costs and/or schedule. 2.4 COUNTY shall, following the bid opening, notify the CITY of the amount of the construction cost of the UTILITY IMPROVEMENT WORK as contained in the bid and provide CITY the opportunity for review of the contract bid proposal prior to contract award. 2.5 COUNTY shall provide a final cost accounting for the PROJECT, including all internal and external costs, to the CITY within 45 days of final acceptance and payment to the contractor. 2.6 COUNTY shall provide legal descriptions for the PROJECT in a form acceptable to City so that City can adopt a Resolution of Necessity that will enable county to obtain necessary easements for construction of the PROJECT. Page 2 of 7 2.7 COUNTY shall perform actions regarding compensation as set forth in Article 4 — Compensation. 3. CITY OBLIGATIONS 3.1 CITY shall, upon execution of this Agreement, assign a city project manager to be responsible for coordination of PROJECT with COUNTY. 3.2 Within sixty (60) days of providing the legal descriptions for the PROJECT to the CITY as described in 2.6 above, CITY shall provide COUNTY with a Resolution of Necessity (RON) that provides an adequate description of the PROJECT and which provides adequate legal authority to COUNTY to obtain necessary easements for the construction of the PROJECT before COUNTY acquires any such easements. 3.3 CITY delegates authority to COUNTY to act on its behalf to obtain the necessary easements through negotiation or condemnation in order to construct the PROJECT as described in the RON. 3.4 Any easements obtained on behalf of the CITY by the COUNTY shall name the CITY as the owner of those easements. 3.5 CITY shall provide to the COUNTY an Approved As To Form deed document template to be used for the necessary real property acquisitions. 3.6 COUNTY shall provide inspection and testing of project work in coordination with the CITY. CITY will review project work, may perform additional testing at its own expense, and may require additional and/or corrective work to complete the project if, in the CITY's judgment, it is in the public interest to do so. 3.7 CITY shall perform actions regarding compensation as set forth in Article 4 - Compensation. ARTICLE 4 - COMPENSATION 4.1 DESIGN: As design work upon the PROJECT is performed, County shall, on a quarterly basis, prepare and submit design invoices to CITY for the cost of the work for UTILITY IMPROVEMENT WORK. Estimated design costs are: a. Sanitary Sewer Improvements Design $ 7,000 b. Franchise Utility Improvements Design $ 15,000 c. Estimated Total Design Cost $ 22,000 Notwithstanding, the estimate of the costs shown above, the CITY shall reimburse the COUNTY for the actual amount of its cost incurred for the design of the UTILITY IMPROVEMENT WORK. Page 3 of 7 4.2 CONSTRUCTION: As construction work upon the PROJECT is performed, COUNTY shall, on a quarterly basis, prepare and submit construction invoices to the CITY for the construction of the UTILITY IMPROVEMENT WORK. In addition to UTILITY IMPROVEMENT WORK bid items, non-construction costs of County services at a flat rate of 15% of the UTILITY IMPROVEMENT WORK construction costs shall be charged and include the following: proportional cost of applicable lump sum contracts items (i.e. mobilization and erosion control), extra work required for the UTILITY IMPROVEMENT WORK and the cost of COUNTY services including project construction management, surveying, inspection and construction contract administration. Estimated construction costs are: a. Sanitary Sewer Improvements $ 187,000 b. Franchise Underground Conduits $ 311,000 c. Non-construction Costs of County Services (15%) $ 75,000 d. Estimated Total Construction Cost $ 573,000 4.3 Any easement acquisition costs spent by the COUNTY associated with the UTILITY IMPROVEMENT WORK shall be accounted for by COUNTY and invoiced to the CITY accordingly. Utility easement costs are in addition to the above listed estimated construction and non-construction costs. Before accounting for such costs, County will inform City of the anticipated cost and allow City to approve, disprove, or challenge the anticipated cost. County will make a good-faith effort to accommodate the City's position on a proper sum. 4.4 CITY and COUNTY understand that the design and construction costs outlined above are estimates and are used to determine project budgets and estimated payment amounts used within this agreement. Final costs will be based on the actual contract amount of the schedule of prices and quantities used and installed. Final payments made by the CITY to the COUNTY related to this PROJECT shall be based on actual design invoices, actual bid prices, construction quantities and non-construction costs. 4.5 COUNTY shall provide the CITY with a final statement of UTILITY IMPROVEMENT WORK expenses within forty five (45) days of the completion of the final design phase. Costs for sanitary sewer work shall be listed separately from franchise utility improvements. Within forty five (45) days after the completion of the construction contract, the COUNTY shall provide the CITY with a final statement of UTILITY IMPROVEMENT WORK and bill the CITY for any remaining costs in excess of the payments already made, or refund any excess to the CITY. Upon the completion of the construction and completion of Record Drawings, the COUNTY shall deliver one set of reproducible Record Drawings and one electronic copy related to the UTILITY IMPROVEMENT WORK, to the CITY, for their files. Page 4 of 7 5. GENERAL PROVISIONS 5.1 LAWS OF OREGON The parties shall comply with all applicable laws and regulations regarding the handling and expenditure of public funds. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapter 279A and 279C to be included in public contracts are incorporated and made a part of this Agreement as if fully set forth herein. 5.2 DEFAULT Time is of essence in the performance of the Agreement. Either party shall be deemed to be in default if it fails to comply with any provisions of this Agreement. The non-defaulting party shall provide the other party with written notice of default and allow thirty (30) days within which to cure the defect. 5.3 INDEMNIFICATION This Agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other party, and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omissions of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this agreement. 5.4 MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by both parties. 5.5 DISPUTE RESOLUTION The parties shall attempt to informally resolve any dispute concerning any party's performance or decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement. A neutral third party may be used if the parties agree to facilitate these negotiations. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both parties for a recommendation or resolution. 5.6 REMEDIES Subject to the provisions in paragraph 5.5, any party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, Page 5 of 7 or to enjoin any threatened or attempted violation of this Agreement. All legal actions shall be initiated in Washington County Circuit Court. The parties, by signature of their authorized representatives below, consent to the personal jurisdiction of that court. 5.7 EXCUSED PERFORMANCE In addition to the specific provisions of this Agreement, performance by any party shall not be in default where delays or default is due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the parties, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance that are not within the reasonable control to the party to be excused. 5.8 SEVERABILITY If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement will not be affected or impaired in any way. 5.9 INTEGRATION This Agreement is the entire agreement of the parties on its subject and supersedes any prior discussions or agreements regarding the same subject. 6. TERMS OF AGREEMENT 6.1 The term of the Agreement shall be from the date of execution until the completion of the PROJECT, but not to exceed five (5) years. 6.2 This Agreement may be amended or extended for periods of up to one (1) year by mutual consent of the parties. It may be canceled or terminated for any reason by either party. Termination or cancellation shall be effective thirty (30) days after written notice to the other party, or at such time as the parties may otherwise agree. The parties shall, in good faith, agree to such reasonable provisions for winding up the PROJECT and paying for any additional costs as necessary. Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON •, n dt.„.t ,7 0;44,-- Andy Duyck CHAIR, BOARD OF COUNTY MA R COMMISSIONERS DATE4)) 24 ( Ci, 0) DATE: 3 -2 (p 13 f ATTEST: (.2 -"tt (AQ.4.,I•k42 ,,talikkt-74? aadsJAMA--et. : ,,, ,,k_k_ CITY RECORDER \ RECORDING SEC TARP APPROVED AS TO FORM: APPROVED AS TO FORM: '1 s, \il ci -_____ CO CITY ATTORN COUNTY NSEL APPROVED'WASHINGTON WIN Ci' BOARD OF COMMISSIONERS :MINUTE ORDER h 13 - Co 1 DATE _3 -19 - 13 BY _13 Page 7 of 7 vc) . 7.' , -• ',,.\\) 11;1)\gi NI.'4 I**,,, ' ' . 1111 ° il j — -- I- ..c ' ' , I 175 J CON II ' nr- " M al p BEAVERTON IN 1 'OW R 1111000: fiLl .,„ !n 00- /11 ii ‘ s1 WO S p 1pr,411 MI ii / .4 7- •1 44 ie Greton iii- 4)1. ,L0-0 IQN - WARM 4 riga 4. 4IIIS 4 ... WIPP a at litaiiI`0,,,, . ") iqr .,...„,..., poli...k., • .., . . . ,; _ , ... TIGARD i • Ti _...1 tel ,- .. ,_ _ p 0,10 1 .. . . II Way r ._ ok ...014 ; d Mg & 1 • we 7; .., ,r- pRtE ST 1 1 MIPII IIII1i -4 : Allia.. a :ULL MO NII , Wtt ... ..,,, P4111 1/4.._ .._ RD TIGARD till NI 1111111.42111114 , ,?..i...„.40, Iill a . 'I OW If s. -I, KNG CITY -1, FT\ C---- f ty, / AP% WASHINGTON COUNTY S.W.WALNUT ST IMPROVEMENTS Legend OREGON 116TH TO TIEDEMAN Light Rail AND WALNUT/135TH INTERSECTION -- - -- Railroads For more information,contact: N --- Highways EPantgOineaekerisn,gParnojdecctoMnstanruactgeiorn Services 11111144404. Phone: 503-846-7826 @co.washington.or.us _____ Major Roads Minor Roads Private Roads ,==.%414,AV .roject Location = County Boundary ii •10,, EFamxa:i51:0p3a-t8r4i c6k1708a1k0e s Map Date:August 2,2012 4t. RiPrepared by.EDF vider4 DISCLAINIER: 01 1 1,0100 1 2,0100 I I 1 4,0100 Feet 0-11. This product is for informational purposes and may not have been prepared for, vers/Lakes Streams should oboeirreitaviblowe for I MAP LOCATION 4111rAri cleognasiUltenthgei engineering or:yip igurorp000soensoUusreoresootof thisoso ionrtfoosomtahtioon ,.„.,. Urban Growth Bdy. — usability of the information. ' l Cities • , F___.- \ I I 7:-.."-N_-4,11. '`� 1. ' i F .\\ .\ .._ f,„,--i. ri i i j ti� i � � - f I \ Iz ii 1 -I 1 4,,, . I. I r1 . \ \ : i yI r 1 ---�—Th -- ?1 I/ ,.;,,�= l , wif --1 j ti ,(% ,� I 1 W ,r I 1 ---1-1--- ~~'r f �� '� tL J�_ WALNUT(JILT ST � ( ~` ; J //i;/ _.i -r //'r �. /l ' lii ii 1 I-- I / _ _i___ _____________3211__ ,. ::.] I I4-- 5 i I 7--------- I › _11 s , jj ,� _ I ---� 7I Y \S 7 )--) / 1 Ltc---/-11 .I‘ 1 ( i 1 I I I i ) -- -,5/ CITY OF TIGARD UTILITY IMPROVEMENTS WASHINGTON COUNTY AS PART OF THE WALNUT STREET PROJECT Exceed _ .,•,, OREGON Project Area* 114o Dat:Deoember23.2312 oneemm Sanitary Line Extension Preparedby:EDF DISCLAIMER: � Tit ploAr ct K for Ii A rm atb r al p 1 rpose t aid may Iot i aue bee►prepared Ar, S or be ar!tableArlegaI.erglreerlrgoralmeyligpiposea.Usera°T1 IItrmatbs N $101 1d reulela orcoese Ittie prh�ary data aid IAlmatbl some:fres A rice dale tie 'tab Ilk OTti! lit nnatbi. *Note: Project area includes TIGARD installation of Franchise Utility 0 300 600 Feet I t t I I t i 1 I Underground Conduits AMENDMENT #1 INTERGOVERNMENTAL AGREEMENT (BCC#13-0225) BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD FOR TRANSPORTATION AND UTILITY IMPROVEMENTS ON SW WALNUT STREET (SW 116TH AVENUE TO SW TIEDEMAN AVENUE AND AT THE INTERSECTION OF SW 135TH AVENUE) THIS Amendment #1 to the INTERGOVERNMENTAL AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "COUNTY"; and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "CITY." The original INTERGOVERNMENTAL AGREEMENT was entered into on April 9, 2013 recorded as BCC#13-0225. It has now been determined by Washington County and City of Tigard that the Agreement referenced above shall be amended to increase the scope and funding amount. 1. Effective Date. The Amendment shall become effective of the date it is fully executed and approved as required by applicable law. 2. Amendment to INTERGOVERNMENTAL AGREEMENT. a. Exhibit B shall be deleted in its entirety and replaced with the attached Revised Exhibit B. All references to "Exhibit B" shall hereinafter be referred to as "Revised Exhibit B." b. PROJECT DESCRIPTION, Article 1, Sub-paragraph 1.2 which reads: 1 .2 The CITY utility work includes installation of sanitary sewer line with respective sewer lateral installations, connections and installation of franchise underground utility improvements and utility related easement expenses, hereinafter collectively referred to as "UTILITY IMPROVEMENT WORK" as shown generally on the attached Exhibit B. This UTILITY IMPROVEMENT WORK relates to the 116th Avenue to SW Tiedeman Avenue road segment. Shall be deleted in its entirety and replaced with the following: 1.2 The CITY work includes: a. Installation of sanitary sewer line with respective sewer laterals installations, connections b. Installation of franchise underground utility improvements and utility related easement expenses c. Installation of waterline replacement and related design expenses d. Asphalt overlay of SW 112th Avenue Page 1 of 5 e. Installation of Rectangular Rapid Flashing Beacons (RRFB) at the SW 116th Avenue crossing at SW Walnut Street with respective needed additional work and related design expenses f. 1St Year Post-Plant Establishment Monitoring/Reporting Hereinafter the above work collectively referred to as "REVISED UTILITY IMPROVEMENT WORK" as shown generally on the attached Revised Exhibit B. This REVISED UTILITY IMPROVEMENT WORK relates to the 116th Avenue to SW Tiedeman Avenue road segment. c. ARTICLE 4 - COMPENSATION, Sub-paragraphs 4.1 and 4.2 which read: 4.1 DESIGN: As design work upon the PROJECT is performed, County shall, on a quarterly basis, prepare and submit design invoices to CITY for the cost of the work for Utility Improvement Work. Estimated design costs are: a. Sanitary Sewer Improvements Design $ 7,000 b. Franchise Utility Improvements Design $ 15,000 c. Estimated Total Design Cost $ 22,000 Notwithstanding, the estimate of the costs shown above, the CITY shall reimburse the COUNTY for the actual amount of its cost incurred for the design of the UTILITY IMPROVEMENT WORK. 4.2 CONSTRUCTION: As construction work upon the PROJECT is performed, COUNTY shall, on a quarterly basis, prepare and submit construction invoices to the CITY for the construction of the UTILITY IMPROVEMENT WORK. In addition to UTILITY IMPROVEMENT WORK bid items, non-construction costs of County services at a flat rate of 15% of the UTILITY IMPROVEMENT WORK construction costs shall be charged and include the following: proportional cost of applicable lump sum contracts items (i.e. mobilization and erosion control), extra work required for the UTILITY IMPROVEMENT WORK and the cost of COUNTY services including project construction management, surveying, inspection and construction contract administration. Estimated construction costs are: a. Sanitary Sewer Improvements $ 187,000 b. Franchise Underground Conduits $ 311,000 c. Non-construction Costs of County Services (15%) $ 75,000 d. Estimated Total Construction Cost $ 573,000 Shall be deleted in their entirety and replaced with the following: 4.1 DESIGN: As design work upon the PROJECT is performed, County shall, on a quarterly basis, prepare and submit design invoices to CITY for the cost of the REVISED UTILITY IMPROVEMENT WORK. Estimated design costs are: a. Sanitary Sewer Improvements Design $ 7,000 Page 2 of 5 b. Franchise Utility Improvements Design $ 15,000 c. Waterline Replacement Design $ 20,000 d. SW 116th Ave RRFBs Design $ 8,700 e. Estimated Total Design Cost $ 50,700 Notwithstanding, the estimate of the costs shown above, the CITY shall reimburse the COUNTY for the actual amount of its cost incurred for the design of the REVISED UTILITY IMPROVEMENT WORK. 4.2 CONSTRUCTION: As construction work upon the PROJECT is performed, COUNTY shall, on a quarterly basis, prepare and submit construction invoices to the CITY for the construction of the REVISED UTILITY IMPROVEMENT WORK. In addition to Utility Improvement Work bid items, non-construction costs of County services at a flat rate of 15% of the REVISED UTILITY IMPROVEMENT WORK construction costs shall be charged and include the following: proportional cost of applicable lump sum contracts items (i.e. mobilization and erosion control), extra work required for the REVISED UTILITY IMPROVEMENT WORK and the cost of COUNTY services including project construction management, surveying, inspection and construction contract administration. Estimated construction costs are: a. Sanitary Sewer Improvements $ 187,000 b. Franchise Underground Conduits $ 311,000 c. Waterline Replacement $ 462,700 d. SW 112th Ave Asphalt Overlay $ 4,400 e. SW 116th Ave RRFBs $ 24,000 f. Non-construction Costs of County Services (15%) $ 148,700 g. Estimated Total Construction Cost $ 1 ,137,800 4.3 1St YEAR PLANT ESTABLISHMENT MONITORING/REPORTING: In lieu of the COUNTY's Engineering Consultant performing 1st Year plant establishment monitoring and reporting, this function will be performed by the CITY. Estimated cost for performance of monitoring and reporting is: a. 1st Year Planting Establishment Monitoring/Reporting $ $10,000 d. ARTICLE 4 — COMPENSATION, Sub-paragraph 4.3 is to be renumbered to 4.4 (no change to narrative content). e. ARTICLE 4 — COMPENSATION, Sub-paragraph 4.4 which reads: 4.4 CITY and COUNTY understand that the design and construction costs outlined above are estimates and are used to determine project budgets and estimated payment amounts used within this agreement. Final costs will be based on the actual contract amount of the schedule of prices and quantities used and installed. Final payments made by the CITY to the COUNTY related to this Page 3 of 5 PROJECT shall be based on actual design invoices, actual bid prices, construction quantities and non-construction costs. Shall be deleted in its entirety and replaced with the following: 4.5 CITY and COUNTY understand that the design, construction and plant establishment monitoring/reporting costs outlined above are estimates and are used to determine project budgets and estimated payment amounts used within this agreement. Final costs for design and construction will be based on the actual contract amount of the schedule of prices and quantities used and installed. Final payments made by the CITY to the COUNTY related to this PROJECT for design and construction shall be based on actual design invoices, actual bid prices, construction quantities and non-construction costs. Final payment from the COUNTY to the CITY for 1st Year Plant Establishment Monitoring and Reporting will be based on the CITY's approved consultant contract budget for their consultant performing this function. f. ARTICLE 4 — COMPENSATION, Sub-paragraph 4.5 is to be renumbered to 4.6 (no change to narrative content). 3. Original Agreement. Except as expressly amended above, all other terms and conditions of the original INTERGOVERNMENTAL AGREEMENT are still in full force and effect. Page 4 of 5 THE PARTIES, by execution of this INTERGOVERNMENTAL AGREEMENT Amendment, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON MAYOR CHAIR, BOARD OF COUNTY COMMISSIONERS DATE: DATE: ATTEST: CITY RECORDER RECORDING SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY COUNTY COUNSEL Page 5 of 5 I_ it ' _______... L .�--1-^- ! "�� I �� I I REVISED `` h r EH IBIT B ,,* ,, . , I I: '11 1 t WI ,. J, 11— F . .4 1 ;.......................,...,....., WALL ST Ca "` • .„ _„ ,__ _„...,_. 1 r; '/ ' , 'ir. ....2. .. is ..wJ A.. .f_._ _ _ _ .__ .i_.�f • Uj al gl r. Jl� i 1 __ �I�' ` New RRFB's SW 9f2thAve. Overlay mu L. 1 II w lin ,, ..: ...g .::: ,......_ m. .:( III L In ±in tr- ----[›'" an rf. TI ' r I l _ NIEL ? .,_, II si, 111F0am, _ rmid 1 1 I. , . I--i-.2 „--- WASHINGTON COUNTY Legend OREGON CITY OF TIGARD REVISED UTILITY IMPROVEMENTS WORK M::;": * AS PAOFTHE WALNUT STREET PROJECT Project Area DlSCLRIIIER: — Sanitary Line Extension IN i iiiIlls product Is tor Ir A rm atb u al p u poses aid may not i aue bee i prepared ix, orbesuliableIDrlegal,eughee rlugors urueylugpu!poses.Use rsoftilslutrmalbu • Waterline Replacement akouldreuleuuorcoos!lttieprtnarydata aid Irirrnatbl sources IDasoedall tie ssablttyottie lit rmatb1. KLF *Note: Project area includes YIC:ARC) 0 300 600 Date:9t21t2017 installation of Franchise Utility i 1 1 1 1 I 1 1 I Underground Conduits Feet SUPPLEMENTAL PACKET FOR / 2 - s -a0!'7 (DATE OF MEETING) MEMORANDUM nda_ TIGARD TO: The Honorable Mayor Cook and City Councilors FROM: Mike McCarthy, Senior Project Engineer,/ 7 RE: Upper Boones Ferry Road and Durham Road Signal Project Status DATE: December 5, 2017 This memorandum addresses questions from a recent Council meeting about the status of CIP project # 95041 --Upper Boones Ferry Road and Durham Road Adaptive Signal Coordination. The preliminary evaluation, systems engineering, and concept of operations phases of the project were completed in the Spring and Summer of 2016. The project team installed updated controllers for each of the traffic signals and implemented basic coordination in the summer of 2016. The Durham Rd / Summerfield Dr intersection has been coordinated with the Hwy 99W / Durham Rd intersection. In 2016, the Oregon Department of Transportation (ODOT) settled a lawsuit related to the requirements of the Americans with Disabilities Act (ADA) in public right-of-way. That settlement effectively set new ADA requirements for projects, such as this one, involving traffic signal work using federal funding. It became clear those changes would affect this project,which has effectively been in a holding pattern while ODOT and other groups figured out what ADA retrofits would be required with various types of signal work. These requirements have recently been determined and clarification standards received. While the additional ADA requirements will reduce what can be accomplished within the available budget, we believe that the primary purpose of the project can still be achieved, and the project is being re-started. The anticipated project would implement adaptive signal coordination with improved detection and wireless communication from the I-5 / Upper Boones Ferry Rd interchange to the Durham Road / 92nd Avenue intersection. 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