TCDA Packet - 12/05/2017 Ci Tigard
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Tigard Business Meeting—Agenda
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 (TDD -Telecommunications Devices for the Deaf).
Upon request,the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers,it is important to allow as much lead
time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by
calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
I
VIEW LIVE VIDEO STREAMING ONLINE:
http:1/hve.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.
City of''rigard
Tigard Business Meeting—Agenda
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
CENTER 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
orparticipate in Cite of'Tigardpublic meetings will be included in the meeting minutes, which is apublic
record.
NAME,ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
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Also,please spell your name as it sounds,if it will
help the presiding officer pronounce:
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Phone No.
Name:
Also,please spell your name as it sounds,if it will
help the presiding officer pronounce:
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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 Cit: 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;21
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;21
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:
JFunds borrowed from the General Fund will be repaid with Tax Increment Funds I
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
f 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;21
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;21
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 included
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 includes 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
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 17-
Page 2
u City of 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'/4of 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 citizen 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.TDC 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 CONSTRUMON OFAFFORDABLE 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 Liz 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: Liz 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 -/ 2 - �--
(DKI'E 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 conunittee
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
COMMITTEE 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
'FOR r `�
AUDIT COMMITTEE MEMBER 810 ATE OF MEETING)
AY,0), V�� Ile- A®..-
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
Parkin: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:
d. The vehiele appeafs to have been
7.60.010 Definitions. "steed" as that termis defined in Seetien
7.60.015 Abandoned Or Stored Vehicles- 10.2 9 Q-22-2(3)0f t4iS G0de;
-Offense.
7.60.020 Removal--Notice. e. The hiele h ed in 4he
7.60.030 Removal--Procedure. same position, or- within the five hundred feet
7.60.040 Information Provided By ,.,,,1...s of its ea flier-position, for-a pefied of at least
Tower. thif y (30days
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,
7.60150 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: 12101
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,43-y 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 t..ei# , f i.
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 owners 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
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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 . ithiSundays.
five hundred feet -add .s 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 mor 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
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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
aa&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 an& r 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 departmet-Hnt,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 armor impoundment of the vehicle. The
other evidence, that the tow armor 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:
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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. 4-420 ,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 J920
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 47 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 ($750) or more, if
his interest in the vehicle. there is no contract authorized by the Council
pertaining thereto. If there is to be a public auction,
3. Upon completion and forwarding of the the Chief of Police shall cause to be published,in a
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TIGARD MUNICIPAL CODE
newspaper of general circulation within the City, a
notice of sale which shall state: CERTIFICATE OF SALE
1. The sale is of abandoned property in the This is to certify that under the provisions of
City's possession; Ordinance No. 73-_ entitled, 'An Ordinance
Providing for the Impounding and Disposition of
2. A description of the vehicle, including Abandoned Vehicles',and pursuant to due notice of
the type, make, license number, I$ 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
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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 C ity;
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 §H,
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
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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).■
7-60-8 SE Update: 12101
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 sok-era).
SECTION 2: Tigard Municipal Code Chapter 7.60 is amended as shown in "Exhibit B" (additional
language underlined and deleted language
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 32017.
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this day of 52017.
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 Parkins 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,
10.28.200 Parking in Space Reser-ved For-
Motor Home, Disabled Persens�'-r eh bited
�'� And 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
10.28.080 S. V. Main Street Between S.W. 10.28.010 Definitions
Burnham Street And OFegon
EleetFie Railroad Right nr 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.
10.28.125 Speeded Period Restrietie;�s
10.28.130 Prohibited At Any Time 13it is atila"N44 far- aft' pefsen te park of
10.28.135 Parking Woh:hitteed Q A.M. To 6 stop , ehiele f; ,. ^ I,.nger- p ed of time tl,,,.,
P.M. Permit Parking Only that de a4ed by effie alr-k ete
Zones athemar-kings„1, ed b or nde utl e fit. of the
10.28.136 Loading Zones Authority o
Establish t me of all stepping of standing of the same ehiele
10.28.137 Loading ZonesDesignte d on the same side of-the^t,. et. ,;thi a spaee of three
10.28.138 Permits for Construction Zones hundred lineal feet Ffleasufed along the ,Mine
And Temporary Loading Zones and between intersestiems; and the part,
10.28.139 Permit Parking standing or- stopping of any vehiel withi44
10.28.140 Violation—Mode Of Charging expanse shall not ^ eed the designated time limit
Defendant duFing aiiy 4ifee heiiF peFied.
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: 6114
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. 14C. Washing, gGreasing or repairing such
vehicle except as may be necessitated by
"Mobile haf e" is—defined—as set emergency.
f«th ;.. nue 801.940.
G.Storage, for- any period of more than 24
4-3. "Motorbus" is defined as a hours exeept that this subs°^tier shall he sub '
Commercial Bus as set forth in ORS 801.200. to the limits elsewhere preseribed in the eity mate«
.°Mile eerie„ as y be «es..«;1 ed by the Ofegen
-4. "Motor home"is defined as set forth State" EAE Vehicle Code It shalt ^ nstituie
in ORS Section 801350. f^e'e e idenee of storage of e 1ehiele if the"
6-5. "Motor truck"is defined as set forth of the4ime shall not he deemwd broken by
in ORS Section 801.355. e at of the "eh'^le elsewhere an the Meek
.-.less the f n. « «the„°Miele f em—th-e
7. vehiele" is a�4mad As bloel. .,.her-e it was l^^„ted hem«e .4 ; ...
set faith in nuc 446 003 Any vehicle mentioned ,., this subsee4ien padEe
on the fight of way of any highway, of upon any
9 6."Trailer" is defined as set forth in public 4Feet of publie way wMin the e;ty in
ORS Section 801.560. oletio; of this sub-seetien may be treated s_
abandoned vehicle and the pr-ovisions of !'hapto«
9-.7. "Travel trailer" is defined as set 7.60 shall app 1., (Ord 93 21_S>>
forth in ORS Section 801.565.
10.28.025 Vehicle Sales On Private
40-.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:6114
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,Reer-entional 70-41 §3)
�'�le—,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,
e^+i^~^' Vehiele, or trailer, as aerimed- in nnc 10.28.040 Removal Of Parked Vehicle
944-. , 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 'ehiele 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 may-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 4-9 12
feature of the vehicle may create a hazard to inches of the edge of the curb, except where the
pedestrian traffic,includinp,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:6114
TIGARD MUNICIPAL CODE
right of way line of S.W. Main Str"
10.25.080 S.W. Main Street Between SAI. 215 foot southeasterly the-ef,-am;
Bur-nham Street And Or-ego�
>Cleetrie Rffi&ond Right Of- 4 in that t,e,•t:e„ of the northeast half
WT hi h 1'es nC feet .tl,easteFly of the southeast
All par-kingof metal-vehieles 014 that_per-tion
S.W. Main Street between rhe�„terscerce„ 753 feet utheaste,-ly the-ef e
">
tl f..ith S.W. Bufnha,,, St feet and the Oregon
letri—e�cilrvnd right of Aay shall be parallel 5. 1 that ,,,-r:,,,, of the , oi4heas! half
with the ,.e.,re.•l:.,e of SA AAa:,, Ct,.eer ,,,1 all f S.W. !` al St feet e„te,,.lifig 4
.
ORiffiel
diagonal or-head in par-king: ehibite,lJ(x d 70 h' h lies 448 feet utheastedy of the ..theaSt
§ 7 .. . I way line of S.W. Main Sty-eet to a point
757 feet southeaster1.,rheref
10.28.090 Two-Hour Time Limit
6. i that .,,-tion of c \x/ Walnut Blue
No person shall park or leave standing a extending 4am a point whieh lies 165 feet
vehicle of any kind or character,whether motorized satitheastefly of the utheast . ght of way line of
or not, and whether attended or unattended, S.W. Pae-iAe Highways a a point 120 feet
continuously in excess of two hours in any area setitheasteFly thefef:om
designated as a 2-hour parking zone during the
times and days specified by signage, except with a $. B>rTIAIE N 9 A.M. Alin 6 B n,r :
valid construction zone or temporary loading zone
permit issued pursuant to TMC Section 10.28.138. }. S.W. Main St,.eet.
.,t e0
e..,,,la..S t,.l h.,lida..a ,.the fella.,,:„e
,.hl:e streets iid highways oi4iens the,.eaf 7 Repealed by 0402 1 n•
A, a the hetiFs h ifiealt, de dl y ate
A. BETWEEN 8 A >`C AND 5 B> - 3. The no,therly half of SAI. Centef
ct t .t ,.1; e..rhe stefly f;-e„the me etio .
1. in that„e,•t:e„ of the uthwest half th f with (mi,.eenbu# Beal to rhe :.,re.-seetiei of
of the right of..,a„of c \x/ Tiga fd ctfeet extending S.W. 47th A„entie-
f;om the southeast alit of way line of c \x/
Bae:f:e Wigh„•a. ((]n\x! fx„efpass)to she„o,.thwest 4 The r 'a f S.W. 4711. Aye,,,.e
right of way line of S.W. Main StFeei. between Paeifie Highway and Centei,StFeet,except
any afea designated as a loading zone-,;
7 in that„e«t:e„ of the southwest half
of SAI. CvimrcTCm1 St,•e etrexr ciaiig fon-arpviit 5 'kielig the thet side of SAI.
„hieh lies 45 foot utheastefly of the so„theast Bumham Stfeet between Main ctferight of way line of er
SAI. Main Street to 10S--feet f the southeast ,rb line of TA_Ain
139 F et.. ,.fheastefly thefef:-et,„ -
i
3. in that poi4ie„ ofthe southwest half ANY-T�c
of S.\A7w Ammer-iall Street extending 1,.,..,..
h' h I' 535 feet s ..theaste,.l., of thea „rhea'# Within the southwest—half of S.W.
W 1 t Blaee beginning at apoint .,,hien lies 175
10-28-4 Code Update: 6114
TIGARD MUNICIPAL CODE
foot along the e .nclne F S.W. D.,..:fie 14:-1 ....,.. No person shall park a motor vehicle of any
thence extending „theaste-1., on feet thy^~, kind or character, whether motorized or not,
(Ord. 02-14; Ord. 99-13; Ord. 95-31; Ord. 92-27 whether attended or unattended, in anima
§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 h,UFS of 6
79-108 §1; Ord. 79-10 §1;Ord. 77-36 §1; Ord. 77- na 12 noon,e~ Sundays,aeeer-ding to Paeif;..
5 §1;Ord. 76-53 §1;Ord. 70-41 §9) Standard Time „r Paeif e n...light Time as may
the,-. ; efF..t OR the f 11.,.,,;n, defined n..rt:ORS Of
10.28.095 Repealed by Ord.02-14 public streets in the eit•
10.28.110 Fifteen-Minute Time Limit A. The wester—1, side of SAI. 6f:aPA St.eet
extending F em the :nterseet:,.n thereof..with S xx1
A. No person shall park or leave standing a 1„hnsen Street to the intefseet:en thereefwith
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. 'eke-souther-ly side of S.ui. Me=e=zie
designated as a 15-minute parking zone during the Street e�tending Fem the interseetien thereof with
times and dans specified by signage. between the S.W. rr..~t Street to the interseet;en thereof with
houiSof n�.� czreept Sundays and S W B,.Ae Highway(99x )7 (Ord. 70-41 §13)
holidays,
par-king zone. 10.28.125 Speeified Period Best.-Gogo,,
$. The ei; yengineer- shall establish 15
Lind ,. eh..raeter between the hours s eified ,.
par-king spaees n S xx1 Main Street i„ seleet;n.. the following defined poi4ions of publie streets in
the le-e-miens; 44.the 15 minute pafkifig zenes, the the eity.:
businesses ..tong Main Street The 15 minute time A Repealed by Ord. 02 14
D Between the hours of 8 e and 5 n
where the fifne limit applies. (Ord. 95-30; Ord. 86- within the nerth..westerl.,half ofthe right of way.)f
59 §1; Ord. 71-33 §1; Ord. 70-41 §§10, 12, 12A) S.W. llrent Ave-4;ue from- the :nteFSeeti011 thereof
with S W Walnut Street „thwesterl., to the end
10.28.115 Four-Hour Time Limit of the r-away=-ateCharltis F. T-ig Fd Sehool
No person shall park or leave standing a vehicle of
any kind or character,whether motorized or not,or E. Betyieen the hours of 7 &m. .,n,1 6 p.m.
attended or unattended,continuously in excess of 4 .=within the r ght of way ofS W Garrett Street 4- ,-,-
hours in any area designated as a 4-hourap rking the interseetion there4._w:th SAA'. 8,,,.:f:,.Highway
zone during the times and days specified by southeaster4y 400 feet,
signage, except with a valid permit pursuant to south westerly 250 feet
TMC Section 10.28.138 or 10.28.139.
D. Between the-i ouFsi f 7 a and 6 n.FTr
10.28.120 Sunday Restrictions exeept Saturday and S„na.,.w with:~ the right of
way,.f S W r_„rrett Street between Gresmer Dfiye
10-28-5 Code Update:6114
TIGARD MUNICIPAL CODE
boundafies F said spaees beingdelineated H.,
Highway, except—along the seuthwest Side cf ,+o l .. 1,:ng-s
r tt Street within 240 feet f Cresnief Dr-iye
E. Between the haur-s of 8 p and 6n� .
no per-son shall at an), time fk of leave standing
a vehie-le o2anykind e-1•hafaetel-, why a. Repealed by 0M 80 65
motorized or- not, and—whether attended
+t ded ,:+h:n ., .,.•+;,,,, of the right d.f, h With' that Aie f the of
` o. r�tm'rrcrmr=Pvrcroir yr cn right�a:
f S.W. Miken Goui4 beg:...-.;,, at the no«+h Fight way f S.W. Hall Boulevard emending F efn the
of way line ef Bonita Read and e*4eHdi t' tl f '+h the 0- gl t
„b �}3teFSeern�rx c��eEeoz—�r''nrr vr�gvi-r-arcccric
nori4her-ly the full length of st«eet up to n.] Railroad d t 1 (S them paeif: 1 th to y to
1T[xi1TpGRT'CraclSS�avtrmt.TlTTuciIxG�o�o OCIxcaSc J
e„1_de sae et the end of the street the intefseetion th f with the v tef of Fall e
(Ord. 02-14; Ord. 98-23; 90-12 §1; Ord. 84-68 §1; Creel.
Ord. 83-18 §1; Ord. 74-44 §2)
-3, Within hin the easthalfof 4he right way
f S.W. Hall D 1 d .thin A3C feet aofthe.-1.,
10.28.130 Prohibited At Any Time �• --�-`-----J
ofthe, intefseetion f the eee+ right_ofway line of
No person shall at any time park or leave S.`I/ Hall a ' d with the ,,e,•th right_o f ay
standing a vehicle of any kind or character,whether line f S.W. Dee:fie Highway (99119•
motorized or not, and whether attended or
unattended, in any area designated by signage as a 4. Repealed by Ord 80 65.
no-parking zone. within—the—ib'lii!owing penned
per-tions of publie streets and highways within the S. With' the t half of the ht f
mrmrrcrrc�vcsr-rnm�x ax right way
it: f S.W. Li 11 B 1 d within 724 feet...,,-the«l.,
vf zthe xxtcrscctrvrrvf the westright of ear1i
ne .,-
1 Within the i ,ed poi4ion of the right S.W. u ll Boulevard •th the nei4h Fight of way
of way as bounded by the eor-b lines, on eaeh side 1' f S.W. Dee:f7e Highway(90\17)
f S.W. D.,eif:e Highway /991171, ,t. e+diog f:-,,,v,
the interseetien–of the eeoterline of S.W. Ball 6. Repealed by, n,.,a 92.14.
Mountain Read and the safne mended to the
southeaster-15, right of way line of S.W.I. Paeif:e 7. Repealed by ll,•d 02 14.
1' •t being an e�te.,..ioa of the easter-ly line ofthet _. Within the 4& Way
t t f land deeded t M D Reed d d d Gammer-eia.il Street extending from the—�,c.-c t='•J•
in Beek 61 1,page 286 Deed De .•d.. Wash: gtOfl ht of, of S.W. Hall Do,le ,•d an the e.•th
Co „t<, Ofeg@H e «t that thele: k"Of;.1ed e.,d •d .4 te.•1„ 100 feet, d th „th side
> > .mco-rxrn-m-dicsccr'x]-Twzcor�oi: c..v �.d..... .,..,..
de..:gna4ed as e limited par-king area, twe parking e,whweste .,•1 170 feet.
9, Within the eastenTiaif of the rightof
,th. ete..l. lenes oft.• el F eh: ,ie pafking way of S.W. gleetr-ie Street, within 100 fee�
.4h 1 f the :.,te.•seetion 4 rhe easterly l,t
exceed 1-5 minutes, emendingfrom--a--point of way jine e€ S.W. EleEtrie Street with the
southwest along the e ,«hl:ne 20 feet from a point aei4herly right 4-way line of S.W. Main Street.
eppes:re the most vests«1„ eemer-of the Che«les F.
Tigwd Sehoolhotise site,southwesterly 40 feet,the
10-28-6 Code Update:6114
TIGARD MUNICIPAL CODE
10. Within the lioAh half of the figh4 of way of way line of S.W. Main StFeet and ex4ending
of S.W. Pine...00k etFeet within iii fat, esto.a„ ti enee southeast nc feet.
of the interseetion of the west right of way line of
SAI. Wall Boulevard with the H64h Fight Of Wa�' -2(). ()H�SAA,7. F-440-00 60446-44-djHg ffOM
line of S.W. Pinehrook Street the interseetion thereof with S.W. Hall Bo„ie,..,rd
ee„theastedy apffOxifnately 2,853 foot
11. Within the southeaster-1,, half of S.W.
Main Street F o„, the :„rereeetion thereof with rhe 21. Within the ..ht of,,,e„ of S.W. 60th
aoftheasterly lifie of S.W. Seeffifis Stfeet, Avenue,emending froofn the inter- tion 4heiee
„ortheasterh, to the intefseetion thereof with S.W. with the south right of way of SAI. Paeifi-c-
Paeifle Highway right ef way.
Highway to the inter-seetio„ thereof with the month
right of way line of S.W. Pai4mo„th Street
12. Within the orth,,,esterl,, half of that
,onion of S.W.Main Street fafn its interseetion on 2-2. On the„ortherh,one half of SAI.Walnut
the, e-st And- thereof with S.W. D.,eif;e High.,,.,.,
. Street beginning at the westedy edg�
an-d- e.,te.,difi. wester—1, to ., poin4 490 feet f:-...,,
13. Withifi 4he right of way of S.W. Walnut said dr-iveway.
Street extending f em the insemeet:o„thereef,,,:th
S.W. Paeifie Highway i99aa» errhwesterh, to 23. Within the southwest half of the right of
Tiedeman Avenue. way--^of S..`i��vmmer-eiali--SStreet with;,, 45 fee
soeet
uth .,steed), of the southeast fight of way line of
14 Within rhe e ,rh/:„es e each side of S.W. S.W. main StSandberg Street, ineluding the eul de reet
•
24. Within the e ,rhli es o .,eh side ofS.W.-
45. Rep
W15e.,led by Ord rn 14.
tG
16. Onthe souttrhwested), ecce-i half ia'n— fvr-SAiL. right of —line of S.W. 90th Avenue,
16-0 f 00 rhe,-ealo„„
so„theasterl., ., distanee of 200 feet
25. Within the southeastefly half of SAI.
_ 17.OR �he thea4erl h.,lf f !`_ ,tet
sviicxrca�ccxr`y'-vixc-Harr-vr-vismt ,
Street be,,;,,, ing et the right ofway line of Walnut way lifie of S.W. Walnut Str-ee; and e?itefiding
Street afid extending thenee southwesterly to the er4heaste.-1.,to the „thwest fight of way line of
etid of the sheet at the Charles ai-y SAA1 Tigard Street
ehool gfou„dam
26. Repealed by nr,d m 14.
18. On the south one half of Seot4Go
beginflift at the fight of way line of
98th 27. Within the fight of way of S.W. 68th
S.W.
feet. PaAi,,.,,, e*re„ding fem rho :.W fSeetion lbefeef
withr the south fight of way line of S.W. irwing
19. On the nef4#east one half of SAI. Street to the nterseetion thereof with the est
Commefeial S4r-eet begifining at the sou4heast right r-ight of way line of S.W. 66th Avenue.
10-28-7 Code Update:6114
TIGARD MUNICIPAL CODE
28. Withintheno'4hwesteFly half ofthe 36. Repealed by Ofd.07_14.
..ht of way of S.W. Main Street, within 007 feet
soutiTthwestoTthe southeast right_of way line .,f -37.Within the the fight of way of S.W. 1 S.W.
1x
S 1 Dae:fie Highway, Avenue, i om S.W.SWaar-de
94reet to the-ffont-age f:oad-along S.W.
20 xxl:thin the „theasterly half of the right Highway.
of way of SAI. i2eefies lrefi Read beginning er
the interseetion of the west right of way line o _ 38 Repealed by Ord. 07_10
Interstate No.C with the so theasr right_of'way line
of SAW.Boones—Few—Read and emending —T. Uponor- ;this any delineated b;,.y le
the paved
0. Within the right of way of . 49. Within �ef4lens of S.W.
Street ex4eading f;.am the interseetion thereof with Avenue between gaff e—Higlwday and the
SAI. Main Street, southeastefly to S.W. Hall ue.,.,ert„n T-igar,1 Highway State Highway 2 4 7).)
fid.
41. Along beth sides of S.W rg
34. Road e,,,een Repealed by Qfd 07 14. Rd btDae:fie Highway and Shady bane.
e.
32. Along boih sides of S.W. 121st Avenue 4 2. Within-the-Fight of way S.W. 1—�n
between SehollSPeff , Read and Budheights Ayer.,,e beginning ata point 106 foot nof4herl„ „f
lie
and e?,tending thence 270 feet noi4he4,
33. Within the right ef way of S.W.
Sommer-field Dr-ive, extending f+ofn the 43. OnSAI. GaardeStreet ffem PaeTi}c
nterseetion thereof with the aoAh right of way,line Wighway to 11 7th Avenue, exeept fbF that pof4.:ors
of C xxl Durham Dead to the interseetion thereof of the north half of Gaafde Street beginning at
with the west fight of wayline of S.W. 98th point on foot east of the east rbiine of 110th
Avenue; e�Eeept that there is authorized and Avenue and ex4ena:ng to a point 19 fee+ easeast of
designa+ed a utir-estrieted(time)yehieuiar pafkin the Saar e,rbt:ne of 1 10th Avenue, measur-ed along
at the west right of,,,a., line of the noi4h ,rbl:ne of Gaar-de Street.
SAI. Gentur-y Oak lir-}Te ..-stei-15, a
distanee of 300 feet along the south eufb of . 44. xxl:tb:n the. ot4heasterh,half of the r;&_
5,,., merf:eld Pr-iye
. of way of S.W. Camer-bwy Inane, extending from
the -Hiter-seetion thereof with SAI. PaE}fqe
94. in the „theasterb, e half of S.W. Highway, southeaster-lya--distanee of 75 fe�
Main Stfeetrhe e
, TTTcrcrof rvnr.
the of the southwest right of wet), line 45. Within the right-of-way--off S.W. ir
of-SAW. Seeff ns Street with the southeast right of Street extending f+om the;r.terseetio ,thereof;lyith
way line of S.W. Main Stfeet, S.W. 72nd Avenue, eastern,t„ S.W. Fir-Loop.
35. Along both sides of SAI. 72nd Avenue 46. Within the Fight of way of S.W. Fir-
between the Beaveften Tigard Highway (Sta�e
Loop,r. being all that pof4ion thereof
Highway 217) and the south eity limits. ..f S.W. Fir-Street
10-28-8 Code Update: 6114
TIGARD MUNICIPAL CODE
4.7. Witte the right of�.,way SAI. Hall St.,to a point on foot s „the stefl; of the centerline
Boulevard extending fl•,,.,, the irate Fseetion the.-e„ „sir
,4h C \17 D,.,.:fie Highway (99A') .,the«ly to a
point..h:eh lies 200 f et south ,.f rhe e nte.•lime „ 5e ".A 44P,-1„ivrirhwestedy half of ij.1. Ash
S.W. Scoffins Sti-eet. Avenue beginning at the fioi4heast i-igh! of way
line of SAI. GommeFeial ctfeer and ate, din
1 48. W !-
Within the ight of wad o .W.7 ,,,,
S044 the.,ee .•theastedy 1'2 4 feet
y"4hcV.Hampton Stfeet, so uthedy to the 57. With:.,the, ,.•1.1;,.es ..h side.,f S.W.
ter-minus thereo4 Genesis Loop, extending f;•,..., the most southerly
inteFseetiam t#ei-eof with SAI. 11 Sth AveHue
49.:Within the northerly half of S.W. A'Allaillult aste.•h, e distanee of 165 f er
°lase: also. tv+t-iin -t the southwest st half of S.W.
Walnut Pllaee beginningat SAI. Paeifie and, 58, n long both sides of SAI. n,,.•ham Read
thenee, extending—a distance ..,
e€ 175 feet heteel 11.,11 > oulevar-a and o,,,.;f;,, Pig. ,,,,.,
sot,rhe ste,•1. along the .•hl'
co Repealed by Ofd 95 :2
50. Wkhiii a pef4ion of the Fight of way a
S.W. L.,mpte„ ctFeet being all that.,...•r;,.., the,-e„ 68. \zlith;., the est h..lf of the ght 4way
lying between S.W. 72nd Avenue and c \zl titith o'S \z1 02nd Avenuebeginningat the inters eet;.„,
Avenue. thefeef-witith the south fight of way line of SAI.
Pudianq Dead; thence, extending s ,.the,•1., 1 ncn
51. Repealed by n,-.7 04 09 feet.
52. Repealed by Ofd 94 09. 61. Within the Fight ofway of S.W. 92nd
Avehe ;.,.,:.,.. .,t „ point
.,,
hiel, lies 1 nen feet
e, ..
53.Within the southeast half of the mostS.W.
souihefly end of S.W. beginning Tl,,.-ham Dead; thane, extending s ,.the,-h, 1,190
inier-seet on of the setitheastetir-blifies of S.W. feet; exeepting theFe4em the South 6-9-0- f;-Re! offlie
Paei4ie l4-i hway a^�'„d SAW. A4r�Street and evr half the.•e f
exten ding 75 foot.,1,.,-.,.the AA..;., ct.-eet,. ,.-hl;..e to
point; also ther-ein. beginning at a point ,.., the A-2 A Iong the east side of SAI. 45th Aye.,,,e
Main Stfe„t e ,,•hl;,,e ..,h;eh lies 7015 foot f:-,,,,-. s.,;,7 f,oFa 11,.,•ham Dead to „ point 450 feet south of the
inter-seeting curbli+ies and extending 30 feet south ,Mine ,.f Dur-ham Road
the,-ealong to a .,t
63. On S.W. V-ams StFeet from S.W. 72nd
54. Within the the
, este.•1., lialf .,f the r gW of Avenue t„. paint 125 feet.,,est„fthe.,,est e,,,•hl;
..ado€ 1 e
� .1 r5till �\�tcnt}e—c�rcnay extending €!'E31}l of'72nd Avenue.
c
„re.•seetion with SAI. f_.,af-'e cr.•eet ii—,,,,.•the.•1., to
the irate-seetien ,.f c \z7 >;e.,,,,...ct eet 64. On SAI. Watkins Avenue �
A..e:f:,. Wigl,.,a t.,a „t 75 feet. eIt of the. eSt
55. Within the noi4hwester-ly right of way o curblinta At:Raeifie, Highway.
SAI. Nk14enzie -Street frompoint 70 feet
southeasterly f-am the inteFseetien of the 64. Repealed by Ofd no no
centerlines-at S eKenzie St., and S.W. Gr—,,.it
10-28-9 Code Update: 6114
TIGARD MUNICIPAL CODE
66. On SAI. 69th Avenue ffom Peeifie 78. Al0lithe Wee Side Of S.W.
wieh.,a , to a point 150 foot m.,rth of the merth Avenue from, Chateau bane e to a peint 722 feet
,~Mime of D.,e:f,e Highway, measur-ed .,long the south of the e interline of Chateau Lane until stick
est e .rhline of 69th Avenue-. time as 1 014th A„em.,e i illipFeved im this leeet:e„
to f4-,llvninor elleeter standards. nt the time that
67. Along the south side of SAI. 1�veust the StFeer i impFoved, the effeet of the „r.7:, once
edirie,7 7m this subseetion (78) shall e
68. Along !he south side of Spruce Street 9. Al$r}g pai4ions of S.W. liH' StFeet
between a point 400 feet .,st of the extended between S.W. 72ndAvenue.,entre and the street ter-minus
west of 74th Avenue, as follows: alaiig the entire
feetwestof the extended eenteflimea of�r2l4d south side of the street; along the noAh side of rhe
street within 60 foot ,.f the west e .rhlime of SAI.
77.,.7 Avenue-:and .,Ien..the m„rth side of the street
6 —}41 A-jig both sidesOPSAW. l34-ihAvenue west of a point „hieh is 60 feet est of the
POO cehells Cert., Roadm,7 dean:.. Hill center-line of S.W. 74th Aventie.
Drive.
70. Along—both sidesof—S.`x�S.W. Nimbus Stfeet between SAW. T:e 7e. m n.,e,,,,e e.,,7 SAI.
Avenue between cehells Ce.-r., Dead and ., „r 1 15th Avenue.
240 feet south of the „th rhl:me of cehell,
l2efr-y Read. 8-1. Al0lig b6th Si deS Of S.W. Tlert,,,,,,,th
Stfeet between S.W. 68thPew=and S
74. Along beth side -4: SAW. Bonita Read peeif:e Highway.
between hell T oule.,.,.-,7 and SAI. 833-d Court
82. Along the—gest—side of SAI. 104th
72. Alelig both sides of SAI.B nitaRead Aveflue be�ween Dwham Road and a point 14 5 feet
-
l.et..,eem 42x,7 Go„rt and Cemme Creel girth of the e mtedime „f Chateau Lane.
73. Repealed b nr,a 02 14. 93. Along he crest side of S.W. 199th
Avenue beginning a4 the stai4 of a eafve
74. Al the th side f! terh T „tel. 2601 feet south of the south e ,rh line
oii� cxic ixv"rcrrsigw: cui�rcro&l�nanc
between Paeifie Highway and!LSAV. 1064;Avenue. of Ga-n�er-butt, mid-eomiiiaing sou�h a distamee
of 745 feet measufed along the west e ,~Mime of
75. Alofig the—nef4h side of Beneha✓ieNN S.W. 109th Avenue.
Terreee between S.W. 122nd- Avenue em,7 the west
baundmy of Benehview 1—states sub-diws+e1.1.-as 84. Along—the—east side efSW.199t1a
reeer-ded in Book 'page 38,of!he plat i-ecoMs of Aventie—begh at she—stai4 of—ce eur-ye
Washington Ce„mt., „tel., 260 foot s ..rh ofthe south e ,rhlime
ef!`e.,te-but Lane and a mtinaing south.,.7istanee
76. Aleng bath sides of S.W. Mene. ala of 175 feet •e.7 el,,.,,. the east e „-.lime .,f
Street het.,,eem Wall Boole.,.,.-.7 and 92x.7 Avenue. S.W. 109th A,
77. Repealed by n..,7 05 17.
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TIGARD MUNICIPAL CODE
95 Ale.,g the south side of CapAe fbufy Lane 07;Ord.95-06;Ord.94-22;Ord.93-27 §§1,2;Ord.
f«efnPaeifieHighway to a poifit200 feet east of the 93-26 §1; Ord. 92-28 §1; Ord. 92-17 §1; Ord. 92-
east ,.hr,„e AfBe^: ^u:.h,,,e„ 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;
866. On both sees of S.W. DuFham Red Ord. 90-36 §1;Ord.90-35 §1; Ord. 90-34 §1; Ord.
between S.W. :72nd Avenue and Upper Boones 90-33 §1; Ord. 90-32 §1; Ord. 90-31 §1; Ord. 89-
d. 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 oih sides of S.`x�-o .NoAh—;;eta Ord. 87-06 §1; Ord. 86-55 §1; Ord. 86-54 §1; Ord.
Street between Seholls lendRead—and 86-45A §1;Ord. 86-13 §1;Ord. 86-04§1;Ord. 84-
Spr-in,.,<ood r live 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;
8$ OnS.W 70th Avenue between Beyeland Ord. 81-80 §1; Ord. 81-57 §1;Ord. 81-46 §1; Ord.
Stfeet and>r.anklin St..eet 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. Alefig the southwest side of 9 §1;Ord.78-45 §1;Ord.78-68 §1;Ord. 78-39 §1;
Commer-eial Street beginnifig a4 a point 250 feet Ord. 78-38 §1; Ord. 77-93 §1;Ord. 77-92 §1; Ord.
„the..^t of the s ..theast e ...hl:„e of, din Street 77-78 §1; Ord. 77-77 §1; Ord. 77-73 §1; Ord. 77-
a,d ^ t;r,,: t a poifit c,n et^ „the ^t f the 61 §1; Ord. 77-40 §1; Ord. 77-39 §1; Ord. 77-36
southeas!°,.Mine of Main St,.eet §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.
— 0, 0o both sides of S.W. Walnut Stxeet 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;
Ord. 74-44 §1;Ord. 71-32 §1; Ord. 70-41 §14)
n, O both sides of SAI. Royalty Be,.v, ay 10.28.135 Parking Prohibited 8 A.M. To 6
AW.Parking Permit Only
Zones
92. Any pei4ion of the right of way ef S.W.
76th Avenoe beginning a� the sout4 fight of way A. The City Council may, by resolution,
line of Boo4a Road and &4ending souther!), 482 establish permitap rking only zones. Such zones
feet, will be for the exclusive use of vehicles with valid
permits, issued pursuant to TMC Section
-- 93. Within the northeast-half of 9—Al. 10.28.139, durinjz the days and times indicated by
CompAefeial Street beginning at a poifA 348 fee! si na e.
sootheast of the southeast right of way line O'S."".
Main Street and eentinuing to a peiflt 448 feet B. At all times other than those times
southeas!of Main Street designated in the resolution establishinia
particular permit parking only zone, such zones are
94 On the east side ofC S.W. 11 6th Bl„ee f em available for general use.
SAW. Beef Be„d Beed to a point Ann feet F om-the
.«hline of S.W. Beef Bend Road (Ord. 14-07 §1; No pefson shall aAEor- leave standing a
Ord. 09-09 § 3; Ord. 02-14; Ord. 99-12; Ord. 99- vehiele of any kindor-oh.faete, whethef motorized
11; Ord. 98-23; Ord. 98-09; Ord. 96-01; Ord. 95- OF 00t, he4wee„ the hours of 8 e and 6 p.m
32; Ord. 95-25; Ord. 95-23; Ord. 95-17; Ord. 95- any days-of the week, ineluding Sa4urday a
10-28-11 Code Update: 6114
TIGARD MUNICIPAL CODE
on ig persons or commodities,_ bu�-nNoncommercial
portion of S.W. Johnson—Street, in theCityof vehicles shA must, upon demand, give way to
. commercial vehicles whose drivers desire to use
the zone for loading or unloading purposes.
T ITh.,+..,..4ion of the setithorly one half of S."'. Commercial vehicles using loading zones shale
jeh sen Street lying wester-!), "f and within nnn are entitled to the use of a loading zone only during
feet of the neFthwester-ly i"h+ "f..ay line of&W. such time as may reasonably be necessary for the
(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 shah 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. C. At all times other than those times
vv uiva_ Gj`ablZJhII7COh leading �SeT1CSt be designated in the ordinanee resolution establishing
taken . 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. cog
volume and nature of business within the area r-egulations applieable to*h" dist-Flet in.„hieh they
under consideration, the traffic demands upon the afe leea4ed.
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.1H establishing leading zenes consideration of the factors identified in subsection
the eity eouneil may limit the ' plie bility of the A of this section,the city council determines that a
leading ' estfie`en to eer-t in hour-s of the day loading zone should be created, it shall will create
such loading zone byor-d;ranee resolution and
direct that the loading zone so established by
by the placemen. of signs high shall ndie,," marked by appropriate signs.The e4y shall p
elearly the afea affeeted, and whirsh shall sta4e the appropriate signs and eause them to be installed.
h@HFS Of the da)' dWifig Whieh the " The Citerequire the applicant shall to pay the
f:est4eted app Loading zones will be marked e43�the cost of the necessary signs and poles and
by signage. the cost of the labor necessary to install them„and
instalWien shall not be made be&r-e sueh payment.
B. Loading zones shall he are reserved for (Ord. 76-10 §l)
use by commercial vehicles in loading and
unloading persons and commodities during the 107 ceding Zones Designated
hours designated on all days except Sundays and
holidays. No person shall may stop, stand or park The fell".,.ing peAie s ofpublie streets wit
any vehicle other than a commercial vehicle within the City of Ti,.afd are ,lis:gna4ea as leading zones
the designated area between such hours,except that for-the h".,.s indiemed-,
noncommercial vehicles may use such zones while
actually engaged in the loading or unloading of A. Repealed by 04 95 20.
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TIGARD MUNICIPAL CODE
entered upon the permit, but in ne event shall
B. Within the-easttedy half of S.W. 87th peffflit be issued for a„^r;^''^may not exceed one
Avenue, beginning at a point 30 feet souther-ly a year.
an sterh, ex4ensie., of the „th heun der., Noe of
S.W. Center- Street and, the . — auther-ly C. Fees. The fee for a construction zone
60 feet. The desefibed zone is designated as a permit or a temporary loading zone permit shall be
leading zone between the hoofs of 9 a to 2 p $24.00 f r ene year r twe ,dollars for a eh meth
Saturdays, Sun d&ys and holidays a eluded or- ef4io, of a m nth fe f re alve of less than one
yeas will be determined by resolution of the City
; Council and will be paid The fee shall be paid
i„ �t
Ord 92 27 1;1• Ord. 86 tin R 1. Oral 86 14 P.1• Oral the ehief of polive at the time of application. in the
81 _90 A 1• Ord. 76 10 A7\ event rhe need fee the permit ter-FAi etes before the
«.d of the ten:n allowed by the p fmit a issued,the
10.28.138 Construction Zones And applieant shell he entitled to e refund in the afneu„t
Temporary Loading Zones of the ehafge that would have been ,re,ae fnr the
-
unused tefm of!ber .f.;t
A. Provision for Permits. Any person who
finds it necessary to park a motor vehicle for actual D. Display of Permit. Before any p
construction or maintenance work or who finds it shell use a par-king e„eee in s,eh e way s t
necessary to block off a parking space or spaces the issuanee of e nstr„etien zene r temperer.,
along the curb in a zone in which parking is leafing zone per-mit-he—o- she shell obtain the
controlled, shall be entitled to a construction zone eonstfuretion ...,,;t OF t@MP0F.,r., leading zenee
permit. Any person who finds it necessary in permit, and a4 all sueh times as thevehiele�-
connection with the conduct of a commercial vehieles shell he Whenever a vehicle is parked in
enterprise or in the construction of a building, to the plae-e-as authorized by such a permit,the permit
park a motor vehicle or to block off a parking space shff4 must be legible and visible from outside the
or spaces along the curb for such work may apply vehicle. displayed in sueh a way as io per-mit one
for shall he entitled to a temporary loading zone ebser-ying theyeh;ele ffem the outside to read it. if
permit. Application for a construction zone permit theyeh;ele ; equipped with eson
or a temporary loading zone permit shall be made beside the windshield 144; the dr-yer's side the
in writing on a form provided by the community pefmit shall be displayed on the sonviser, whieh
development director. The director, or director's shell be t,,..,.ed de.,.., se as to e*pose the „et:fn t
designee, tewar-d the outside of theyeh;vle
as heor-she m&y request. The eh;ef of^r. e 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
ehie€of peliee 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 seetion shall be established by the eh;efef
police will be determined by the director and 1. the parking of a permitted vehicle to
10-28-13 Code Update: 6114
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 pplicable 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 ma b� e 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
communily development department of loss or three months.
theft of a vehicle parkingpermit within three
business days. The permit holder mgy purchase a 1. 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 parkingpermit is valid until not convey any privileges other than that of
expiration, surrender,or revocation so lona as the exceeding the posted permit parkins time limit or
permit holder and its vehicle remain in arkin in ermit arking areas. It does not
compliance with all parkin area regulations. parking
Jg p p
authorize parkin in n 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 parkingpermit held by a
person or business who commits misuse of a K. Nothing in this ordinance shall limit the
parkins 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
aw
misusing_aap rking permit if a person does ani
the following:
10-28-14 Code Update:6114
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 L 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 �g moving one's vehicle two or more times within
officer. the applicable hours specified by signage_
4. The license number of the vehicle.
B. The notice provided for in subsection A 10.28.150 Violation—Penalty
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- eaeh vie! ,;a„
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—ParkinE 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 i£ 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
hour parking,space more than 2 hours, or or resolution of this city; or is parked in such a
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 b� safety and there is no other person present who may
snage, 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:6114
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 §l) 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: 6114
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); 77�
M. In any-street, alley or lane, in lieu '40,4-
d. An uncontrolled intersection is street parking, 'ef:^period longer-than A8 hour^
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 ISO. 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 airy r-eside tial are 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:6114
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 S. 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 per-se " • '�^
restrictions for nonresidents and the exception to peR:naoently suffers frafn any of the following
those restrictions for permit holders within the aibil4es=
residential parking zones.
1. Less . less of function of o
D. It shall be unlawful for any person to: beth legs of signifieant limita4ieii in the use of the
1. Provide false information in
connection with an application for a permanent or 2. laabilit�, to be Foebile without the
temporary permit. tise ,.f,. . heeleh i.^ ether-. istan.e devin^.
2. Fail to surrender a permit, when 3. T less of f",.4ien of beth
requested to do so, when the person is no longer
entitled to the permit.
4. Less of vision or- stibstantial less a
visual aeu4y or-visual field beyond f
10-28-18 Code Update: 6114
TIGARD MUNICIPAL CODE
A. A person commits the offense of
5. Respir-atery disability that makes unlawful parking in a space reserved forerp sons
use of wallimg as a means of tfanspoi4a4ion with disabilities if:
impossibleor-
or-
1. The person parks a vehicle in any
parking space that is on private or publicrow
Use Of Walkmg as a means of tFanspef4ation and that is marked or signed to provide parking for
impossible Of imps-etieal persons with disabilities and the vehicle does not
conspicuously display a disabled person parking
BF. "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
leas; B.A person commits the offense of blocking a
parking space reserved for persons with disabilities
2. Inability to be mobile without the if theep rson:
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 aparking space that is on private orup blic 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:6114
TIGARD MUNICIPAL CODE
1. Is not a person with a disabilityand nd 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 iurisdiction, and that: C. The provisions of subsection A of this
section do not apply:
1. Has been previously reported as lost
or stolen; l. 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 ille ible. is permitted only for 30 minutes or less.
E. Subsections A through D of this TMC D. A person whe is Fi^'d;s 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.
0.28.200 Par-king in Sp a Rese .,ed F^r
2. To any disabled parking space that Disabled PeFSOr"With
is subject to different provisions or requirements sisgWifitiesPr-A-11-;bited
under city ordinance if the different provisions or ExeeptieUs
requirements are clearly posted.
,N. EX ept aS PFEWided in s,ibs eti B of
10.28.190 Application Of Parking this seetionper-son shall p ar-k" ,ehiele th
Regulations To Disabled is not a mafked mete ehiele " disabled pa&ing
Persons With Disabilities
10-28-20 Code Update: 6114
TIGARD MUNICIPAL CODE
B. Subseetion A of this section does not
1. To a ,ehielo rh.,r „r,,,-ily in
a disabled per-son to eafer-or leave the vehi-c-�.
2. To any disabled par-king spaee that
is Subject to diff Fent r..
C. Violation of subseetion A of this seetion
is a parking violation as prohibited in Seetion
10.28.150. Ord. 80-58 §3)
10.28.210 Removal And Impoundment Of
Vehicle Unlawfully Parked In
Space Reserved Forte
Persons With Disabilities
A vehicle parked on private property in
violation of Section 10.28.2-WI85 is subject to the
provisions of Section 10.28.160.(Ord.80-58 §4) ■
10-28-21 Code Update: 6114
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 17-
A RESOLUTION TO AMEND THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE AS
ADOPTED 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.
i
PASSED: This day of 2017.
i
Mayor-City of Tigard
i
ATTEST:
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 annuallb-in conjunction with the Portland Consumer Price Index(CPI)-If index is insufficient to increase fee in whole dollar,
inemase 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. 1 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.
SinceU-
-�
terrvy Lankfor
Project Landscape Architect
12564 SW Main Street,Tigard,OR 97223♦ [T]503-941-9484[F]503-941-9485
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Carol Krager
From: Downtown Parking
Sent: Wednesday, November 29, 2017 6:28 PM ����� mENTAL PACKET
To: Buff Brown; Sean Farrelly; Lauren Scott
a S ' '�--.�
Subject: FW: Downtown Parking FOR
(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 =kellikbriscoe.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."
i
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 =MLStevens77kgmail.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" , 2 -012
(DATE OF MEETING)
From: webteam(a)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: webteam0_)tiaard-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@g�mail.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
SUPPLEMENTAL PACKET
FOR
.,oM�m
10
p, 'E L1F i�[EETING)
n GARD
S PLEMEN TAL PACK]E'T
12519 SW Main * Tigard, Oregon 97223 503.634N
03.63 ) ,-a - s - a o l 2
(DATE OF MEETING)
we,
J
60 CA.CN-X s
r�
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 10.28.022.13
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;
H. Remove the "or" at the end of Subsection 10.28.145.B.2
B Within the a12121icable 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,12ursuant 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
EOR �J �
(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.
SUPPLp,MEN AL PACKET
FOR
AUDIT COMMITTEE MEMBER BIO (DAT'E, OF MEETING)
/71e'4117 IVO-S-
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 PM MENTAL PACKET
To: Buff Brown; Sean Farrelly; Lauren Scott s�_ a - a�
Subject: FW: Downtown Parking FOR < 02 S
TE OF MEETING)
(DA
From: webteam btigard-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 o,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."
i
Carol Krager
From: Downtown Parking
Sent: Wednesday, November 29, 2017 8:02 PM SUppLEMENTAL PACKET
To: Buff Brown; Sean Farrelly; Lauren Scott 5 b[
Subject: FW: Downtown Parking FOR
(DATE OF MEETING)
From: webteam(abtiyard-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 =MLStevens77kgmail.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 01,7.
(DATE OF MEETING)
From: webtearno 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: webteam0)tioard-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.fisher2005kgmail.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
SU,PLEj,,ffiNTAL PACKET
FOR i
���,^�� .P MEETING)
nGARD
--1"n PLEMENTAL PACKET
12519 SW Main Tigard, Oregon 97223 503.634N ` a - ,Y_ a a r �
(DATE OF MEETING)
� oc t; o
ao
r�
Carol Krager
From: Joanne Bengtson SUPPLEMENTAL ISA T
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 [mailto:mbrewin72@wesieyan.edu]
Sent: Monday, December 04, 2017 10:43 PM
To:Joanne Bengtson<boanne@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
1
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 LR - 5-- do t 7
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 immediatelypendingmatters 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 internet.
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 41 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—pgiod, 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 !
10.28.0229 10.28.030 ; 7.6.010, 7.60.020 [attached: sections of current
code and proposed changes; my corrections are in red]
Exhibit C 1:
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,D29 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 41!
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 E1, 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 matter`, and for this public hearing and any related or
subsequent hearings. The planning dept. obviously has `pent the
preponderance of their time on these matters showing patent favoritism by
imposing restrictive '-' 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 meeting` 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, 2.017.
Exhibit A2-Non-specific notice,internet bulletinboard.tiff-Windows Photo Viewer � 5
e
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 Hall, 13125 SW Hall Blvd.. Tigard Oregon
• Legislative Public Hearing-Consider Amendment to TMC Chapter 10.28
Proposed Parking Program
COUNCIL AGENDA:Available ane week prior to meeting date
STAFF CONTACT:Buff Brown,Associate Planner,Community Development,
buffbg ugard-or.gov or 503-718-2557
� Z
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, buftb@ti@tigard-or.gov or 503-718-2557
OD
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.
CI
TIGARD MUNICIPAL CODE
2( 017) 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. 4C. Wig, gGreasing or repairing such
vehicle except as may be necessitated by
3. "Mobile hem-isElefined—as-set emergency.
.•th :� nne on1 inn
D. Storag�e,for a> period of more than 24 hours
F. �;cerage, e a r w , e thAn 14
4.3. "Motorbus" is defined as a hours, exeept that this sub-seectieffl; Shall be subject
Commercial Bus as set forth in ORS 801.200. to the limits elsewhefe pr-eser4bed in the eitt,mater
J'P.hiele eade or-as may be pr-esefibed by the Oregon
"Motor home"is defined as set forth State Motor-Vehiele!`ode It shAll efistitute
in ORS Section 801.350. faeie e ,idenee of storage of.,vehiele:fthe same is
6-5. "Motor truck"is defined as set forth e1' the tiwLa, 4al4 fie* be deemed broken b
in ORS Section 801.355. ent of theyehiede el-se...here An the Week
..loss the f nt removes the.,Melo f afn the
7. "Reer-ea4ional vehiele"" is ac44iied-a6 L,leek .,here :t vffias 1 +0 7 bea f«e, :t is Fetu..,0,7
sot f t4h in ORS 446 003 Any yehiele f ef4io ed in this subsection ..ark 1
en the fight of way of any highway, or tipen any
8-. 6."Trailer" is defined as set forth in publie street of publie way within n
ORS Section 801.560. el-Mien of this sub-se.tio m be tFemea as an
aban 1,nen .,Melo and the previsions of Ghap4e..
-9-.7. "Travel trailer" is defined as set 7.60 shall apply. (Ofd. 93 21 §3)[retain current code]
forth in ORS Section 801.565.
10.28.025 Vehicle Sales On Private
40-.8. "Truck tractor"is defined as set Property
forth in ORS Section 801.575. (Ord. 99-28; Ord.
93-21 §l; 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: 6114
C - 2
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)
Viele,-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,
^*ion^' vehiele, or trailer, as defined in nnc 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
1101 ^ 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 r^ Neational vehiele 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. Afterthe
10.28.060 Parallel Parking Requirements
f2wn- 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 readway-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 §l; single marked space. (Ord. 70-41 §7)
10-28-3 Code Update: 6114
o�eh .
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 • 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
OR Sherwood,OR United States
Violent Crime 31.9 18.1 31.1
Property Crime 43.8 18.5 38.1
Tacoma, Bloomington, • 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.
MicrosoftOffice 2010
ToolsFile Idit View Picture
ioc% 42. Edit Pictures Auto Correct
CRIME
Exhibit D3-Tigard crime.jpg
Tigard Portland-Vancouver-NNisboro Metro Orton Stitt � United States
48-1
43.1
Froprrty
48
36.1
10.7
30.5
Violent
2 3.6
31.1
0 10 15 10 25 30 3S 40 45 50 55
Crime Index(1 to 100} 1 = Least Crime
Zoom:
( D
TIGARD MUNICIPAL CODE
Chapter 7.60 ABANDONED OR STORED
VEHICLES. c. The vehicle appears to be wrecked,
partially dismantled orjunked;-er_
Sections:
d. The vehiele appeafs to ha��,e been
7.60.010 Definitions. "ster as that tear-is--defined—in Seetien
7.60.015 Abandoned Or Stored Vehicles-
-Offense. d The ve ucle ap ears to lave een "stored"as that term is defined in
7.60.020 Removal--Notice.
7.60.030 Removal--Procedure. same position, or- within the five hundred feet
7.60.040 Information Provided By -adios of its earlier„ sitio f r^ period-of^+'^^�«
Tower. thift.,rzm 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: 12101
r
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 withiny.vei+t., f of h
without prior notice to the owner or apparent owner tile listed tow date mid time. 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. In the event a vehicle is abandoned or stored
7-60-2 SE Update: 12101
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SU PPLEMENTA PACKET
FORTE OF MEETING)
MEMORANDUM
4
•
•
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
FOR 1 z -�- a17 4)evt dA (itrm
(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 (ICAC),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
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 (ITAC) 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
Attachment A
Recommendations for 2017 TCAC Annual Report
Recommendations for Town Center Development Agency Consideration
Background
The Town Center Advisory Commission (ICAC)is charged with advising the Town Center
Development Agency (ICDA) 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 walling 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 uivestments 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
F'MEETING)
SIGN-UP SHEETS DATE ®
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'_public meeting and
records laws. ._'11 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 minute., 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 Cite of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. .-'_11 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.
FW5
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Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
City of
Tigard Do the Right Thing Get it Done
Downtown Parking
and Ordinance Update
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Dec 5, 2017 m.4l
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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 Administr;7 Urban Form Parking Policy Parking Parking Parking Benefit
Facilities Restrictions Enforcement
Evolution of Parking Step
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 No Restriction No Enforcement Maximize Free Parking Spaces
Street Public Lots
Step 4 Maximize On- Off-Street Time No Enforcement Accommodates short-term visitors
Street Public Lots Restrictions (usually retail areas).
Maximize On- Off-Street Time Regular 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 Ordinance (Parking Dept)On-Street Meters acceptable,more revenue,better at
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.
Step 10 Parking
Privately- Parking Demand gets to the pointthat thegarage
Owned Permits/Meter will pay for itself(no subsidy),less gov
Urban Walkable Moritorium Management Co
Garaizes involvement for off-street parking.
City of Tigard
Parking Ordinance
• Updates (clarify, consistency w state law & current practices)
1 Parking Code (TMC 10.28),
/ 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 / 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
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
�► :. � 2 hour
Unlimited
Before May 3., 2017
s ��,%''
City of Tigard
Administrative Actions
• Enforcement Resources
/ enforcement efforts in 2-hr areas
/ Purchase of special parking-enforcement equipment
City of Tigard
i • 1 LT- % of Violating Users
4t
90'
BO ■ May
■July
Downtown Tigard 60'%
5091
40%
30%
20,
10%
0% ■ •
Main(S of Bumham) Main(Burnham to RR) Main(N of RR) Burnham lot(2-hour( Symposium lot(2-hour)
City of Tigard
Original Parking
2 hour
.. � �' Unlimited
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r ,r
Phase I
2-hour
f 'r ✓ Unlimited
May 3, 2017
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City of Tigard
ha f;
2-hour
Unlimited
4t*
2017 �"*# "
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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
1 2-hour & 4-hour parking: moving >300ft restarts clock.
City ofTigard
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 FTE 0.5 FTE Enforcement Enforcement art time parking) 8 FTE
( ) ( ) (p(1.5 FTE) (not enforced) (' )
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
AV Unlimited
-ntativc
41
4-hr/permit
+lk�
%
NN
%
fi
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
e
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
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A , Duyck
MA R CHAIR, BOARD OF COUNTY
COMMISSIONERS
DATE..` ; (�� DATE: .3 -2 ( ' /9
ATTEST:
CITY RECORDER RECORDING SEC TARY
APPROVED AS TO FORM: APPROVED AS TO FORM:
A,�XA
CITY ATTORNEY COUNTY CO NSEL
/&PROVED WASHINGTON TON t I N fir
BOARD OF C{NNLAISSIONERS
:MINUTE ORDER h
DATE QQ 3r19 - I.3
BY _�6.1 _ baft A A Gel,
Page 7 of 7
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/ WASHINGTON COUNTY S.W.WALNUT ST IMPROVEMENTS Legend
OREGON 116TH TO TIEDEMAN Light Rail
AND WALNUT 1135TH INTERSECTION - Railroads
For more information,contact: ' Highways
Pat Oakes, Project Manager N Major Roads
Engineering and Construction Services Minor Roads
Phone: 603-846-7826
Fax:503-846-7810 Private Roads
Email: patrick_Oakes@co.washington.or.us � '° rojeGt Location
% Map Date:August2,2012 Q County Boundary
±,. Prepared by:EDF 0 1,000 2,000 4,000 Feet
Rivers J Lakes
DISCLAIMER: I I I I I I I I I
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or be suitable for legal,engineering or surveying purposes.Users of this information ...... Urban Growth Bdy.
MAP LOCATION Y should review or consult the primary data and information sources to ascertain the .......
usability ofthe information. Cities
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CITY OF TIGARD UTILITY IMPROVEMENTS
WASHINCTOX COUNTY AS PART O F THE WALNUT STREET PROJECT Legend
OREGON ProjectAreax
pap Date:December M.M12 Sanitary Line Extension
Prepared by:EDF
DISCLAIMER:
Ti IS profit of Is for It A rm atb t al p i rpose t aid may tot i aue bee►prepared Ar,
S or beg InabkArkgaI,eIgbeerbgorsrrueyngpiposes.Use raortllahti5rmatbo N
slot Id reukra orootst Rtie prtnary data ata irbrmatbi sot ices b ascertale tie
tsabllbrorrie Itibnatbi. *Note: Project area includes
t 0 300 600 Feet installation of Franchise Utility
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 OFTIGARD, 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
REMISED `` h
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EXHIBIT B
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WASHINGTON COUNTY Lemend
OREGON CITY OF TIGARD REVISED UTILITY IMPROVEMENTS WORK *
AS PART OF THE WALNUT STREET PROJECT Project Area
-
AS
Sanitary Line Extension
Ti Is prodr ct Is for It b n atb r al p r rpose s a r d may tot i aue bee I pre pare d br,
or besiMabkbrkgal,erglreerugorsirueyligprQoses.use rsofiilsltbrmaw1 000• Waterline Replacement
sloridreukaorootsrtttieprtnarydala aid bibnatbk sources lDascertalr tke
4sab1ttyoftie ltbrmatbl. Kl F *Note: Project area includes
0 300 600
I I I I I I I I I Date:M1=17 installation of Franchise Utility
Feet Underground Conduits
SUPPLEMENTAL PACKET
FOR 12 - 5- -,-2
(DATE OF MEETING)
MEMORANDUMS°v` 5�n�+a"
T IG � � •
TO: The Honorable Mayor Cook and City Councilors
FROM: Mike McCarthy, Senior Project Engineer//&17
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. The
project's next step is amending the scope of the ODOT/ consultant contract to include the
ADA retrofit work, which will include a revised schedule.
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