Trimet ~ MU193001 ~ Southwest Corridor Construction Project MU193001
MEMORANDUM OF UNDERSTANDING REGARDING CONSTRUCTION OF THE
SOUTHWEST CORRIDOR LIGHT RAIL PROJECT IN TIGARD CITY LIMITS
This Memorandum of Understanding ("MOU") is between the City of Tigard ("Tigard") and Tri-County
Metropolitan Transportation District of Oregon ("TriMet"). The intent of this MOU is to demonstrate a
commitment to collaborate to ensure that the improvements associated with the Southwest Corridor
Light Rail Transit Project ("SWC Project" or"Project") address regional transportation needs while
facilitating housing preservation and development, employment preservation and enhancement, and
redevelopment land preservation and creation in the City of Tigard.
The Southwest Corridor Steering Committee ("Steering Committee") recommended a Preferred
Alternative that serves downtown Tigard by placing a station east of Hall Boulevard in an industrial
district. This station location requires focused attention on pedestrian connectivity across and along
Hall Boulevard and urban design considerations to ensure development near the station supports
commonly understood station area development principles. It also avoids significant adverse traffic
effects on Highway 99W, at-grade light rail crossings of Hall Boulevard in two locations, acquisition of
unregulated apartment buildings that appear to serve lower income households, and allows a logical
and efficient route to a Bridgeport terminus.
This MOU memorializes the commitment of both parties to address the land use, transportation,
redevelopment, economic and fiscal impacts that result from the Preferred Alternative selection.
Recitals
Whereas, all parties support the extension of light rail in the Southwest Corridor to address the
existing and forecasted travel demand in this corridor and support the region's 2040 Growth Concept
and Tigard's land use vision.
Whereas, all parties recognize the recommendations of the Steering Committee in support of the
region's 2040 Growth Concept and the Regional High Capacity Transit System ("HCT") Plan,
including light rail as the transit mode, the Preferred Alternative as the route, and Bridgeport Village
as the desired terminus.
Whereas, all parties recognize that federal funding via the Federal Transit Administration's ("FTA's")
New Starts program is necessary to sufficiently finance the SWC Project, that to qualify for such
funding the SWC Project must score competitively on multiple metrics to compete for federal funding,
and that such metrics emphasize lower capital and operational costs and higher ridership.
Whereas, all parties recognize that the FTA provides guidance for private, commercial development
on property purchased with federal funds under Circular 7050.1A, "FTA Guidance on Joint
Development."
Whereas, all parties recognize that the FTA must review and approve all transactions for properties
purchased with federal funds, including dispositions and Joint Development applications.
Whereas, TriMet and Tigard seek to improve mobility, ensure high quality transit operations, and
provide opportunities to enhance transit ridership within the City of Tigard by facilitating enhanced
connectivity and transit-oriented development. TriMet will collaboratively look for approaches to siting
1
transit facilities to minimize the impacts on current development and maximize future residential
development and job potential. TriMet will look for opportunities to partner with Tigard on
development near future stations.
Whereas, Tigard seeks to advance implementation of assorted plans and policies focused on
downtown redevelopment, including its Comprehensive Plan, and recognizes that multimodal
transportation enhancements and catalytic development opportunities can occur in conjunction with
the SWC Project.
Agreements
The parties agree to cooperate on the following items of interest:
1. If the SWC Project terminates at Bridgeport in the City of Tualatin, Tigard and TriMet will
recommend to the Steering Committee that the Project will locate at least four light rail stations
in the City of Tigard as follows: (1) one serving the northern portion of the Tigard Triangle; (2)
one serving the southern portion of the Tigard Triangle; (3) one serving downtown Tigard; and
(4) one serving the 72nd Avenue corridor. The final location of the terminal station at
Bridgeport may be an additional station in Tigard.
_ With regard to the station serving downtown Tigard, the project must meet the conditions
below. The following concepts will be included in a draft and final Conceptual Design Report
to be presented to the City Council for acceptance:
a. Light rail station platform(s) will be located immediately south and east of Hall Boulevard.
In consultation with Tigard, TriMet will lead planning and design studies to determine the
optimal location of bus transit facilities and park and ride facilities to optimize and
pedestrianize the downtown station area for Tigard residents, employees, visitors and
transit passengers, for consideration by the Steering Committee. TriMet and Tigard will
work to jointly agree to the final location of such facilities for consideration by the Steering
Committee.
b. Pedestrian access and multimodal connectivity to the Downtown Tigard station platform
are important to achieving the goals of creating an active station, fostering transit
ridership, and facilitating connections to residences and businesses. Design of pedestrian
connections along and across Hall Boulevard are of considerable importance to achieving
these goals and the parties acknowledge that Hall Boulevard, in its current state, impedes
safe and convenient multimodal use and crossing. TriMet and Tigard recognize the need
for clear, safe multimodal access to a light rail station on Hall Boulevard and share this
as a priority. The parties agree to work together with ODOT on a redesign of Hall
Boulevard in the light rail station area, from the freight railroad to Hunziker Street, and
that the Hall Boulevard redesign will be presented to the Tigard City Council at 15, 30 and
60 percent of Project completion. Eligible Project elements within the station area will be
funded as part of the Project. For other elements, TriMet and Tigard will jointly seek
funding from ODOT and others to include as Project betterments. The parties also agree
to seek a jurisdictional transfer of Hall Boulevard.
c. Tigard desires transit-oriented development ("TOD") to occur around the Downtown
Tigard station and recognizes that the construction of parking facilities is a financial hurdle
2
to TOD's feasibility. In conjunction with a Station Optimization Study, the parties will
consider additional non-transit parking at the structure that supports transit-oriented
development. The parties understand that the FTA will not fund parking facilities for non-
transit uses and the funds for any additional non-transit parking will need to be provided
by sources outside the SWC Project. Based on Tigard's findings,the park and ride parking
structure will be designed and constructed accordingly. Upon adoption of the Land Use
Final Order, the parties will begin negotiating a Shared Use Agreement to be completed
prior to the Engineering phase of the Project, which will define the obligations of each party
related to the financing, construction, operations, maintenance, and use of the structure.
This proposal will be informed by the Steering Committee's decision on the location and size
of park and ride facilities along the alignment.
d. Tigard seeks to enhance urban design, redevelopment potential, and the potential for
station area density around the downtown station. To that end, TriMet agrees to locate,
design, construct, and operate any Operations and Maintenance Facility ("O&M Facility")
in Tigard city limits to maximize the redevelopment potential of the downtown station area.
The O&M Facility will be located and designed to complement adjacent development and
include physical and visual connections to its surrounding environment wherever
possible.
e. TriMet will help mitigate business impacts in the Hunziker Industrial Core through
standard federally required mechanisms in the Uniform Relocation Act, and through the
proactive development of an Employment Transit Oriented Development District which
TriMet will, through its planning and design efforts, help to effectuate. The goal is to
achieve an overall employment density increase in the Hunziker Industrial Core after the
Project is constructed as compared to before.
3. If the Project does not terminate at Bridgeport in Tualatin, Tigard and TriMet will recommend to
the Steering Committee three light rail stations will be located in the City of Tigard as follows:
(1) one serving the northern portion of the Tigard Triangle; (2) one serving the southern portion
of the Tigard Triangle; and (3) one serving downtown Tigard. With regard to the downtown-
serving station, TriMet and Tigard will work jointly to agree to the design and location of an
MOS station prior to Steering Committee action in advance of the FEIS publication. The
ultimate goal of the Project, whether as one process or in phases, is for a terminus at
Bridgeport Village. Should the extension to Bridgeport Village be done in phases, TriMet will
use its best efforts to ensure such completion occurs as quickly as possible, with a strong
preference for within 10 years from the completion of the first phase.
4. TriMet will demonstrate support for Tigard efforts to establish a multimodal Ash Avenue
crossing across the existing freight tracks by furthering Tigard's interest in this crossing in
Project negotiations with ODOT Rail and the railroad companies. This may be done by
conducting a study of the nexus of this crossing with the Project and considering inclusion of
the new crossing in the Project's Rail Order. TriMet will support Tigard's efforts to fund the
new crossing as a Project betterment. Tigard will identify up to two existing public crossings
that Tigard will close at Tigard's cost as part of an agreement with ODOT Rail.
5. TriMet will study and design the Project to accommodate bicycle and pedestrian travel to
establish an active transportation connection between downtown and the Tigard Triangle. This
3
multi-use path will be a betterment and both parties agree to be co-applicants for grants to
fund the bicycle and pedestrian infrastructure.
6. To capitalize on real estate value created by the light rail project, TriMet will work with Tigard
on a Joint Development Project Proposal that focuses on significant residential and
employment (i.e. ridership-enhancing) development opportunities.
7. The parties seek to preserve and develop affordable housing in the city limits in proximity to
the Project. TriMet and Tigard are both parties to the executed "Memorandum of
Understanding Between the City of Portland, City of Tigard, Metro, Washington County and the
Tri-County Metropolitan Transportation District of Oregon Regarding Southwest Corridor and
Affordable Housing" ("Affordable Housing MOU"). As parties to the Affordable Housing MOU,
TriMet agrees to use Project property to encourage development of affordable housing
consistent with FTA requirements and Tigard agrees work to implement the Equitable Housing
Strategy, facilitate construction of affordable housing, and work with TriMet to encourage
ridership in the SW Corridor, which the parties recognize as encouraging enhanced transit
corridors for streetcar and bus operations. Tigard anticipates using tax increment financing
and potentially other funds for the development of affordable housing at or near TriMet
stations.
8. TriMet and Tigard will develop an IGA to define the scope and budget necessary for City staff
participation in Project activities.
9. This MOU is a statement of cooperation between the parties, setting out the parties' intent to
act together to achieve the goals set out herein. This MOU may not be judicially enforced and
may not be relied upon as a basis for a contract by estoppel or be the basis for a claim based
on detrimental reliance or any other theory. The concepts in this MOU may be refined through
additional intergovernmental agreements.
IN WITNESS WHEREOF, the parties have executed this MOU to be effective as of the date last
executed. The parties attest that the signatories to this MOU have the authority to enter into this
agreement on behalf of their respective agencies.
CITY
TRI-MET
ByBy:
Print Name: Martha Wine Print Name: Steve Witter
As Its: City Manager As Its: Executive Director, Capital Projects
Date: Date: k10tJ 14i '01b
4
11
Steve Witter, Executive Director
TriMet Capital Projects and Construction
1800 SW 1s'Ave., Suite 300
Portland, OR 97201
November 13, 2018
Martha Wine, Clty Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Subject: Fully Executed Memorandum of Understanding
re: Construction of Southwest Corridor within Tigard City Limits
Ms. Wine,
Enclosed, please find original signed documentation of the fully executed MOU.
You may contact me with any questions or concerns.
Sincerel
J athan eyes,
dministra've Assi nt
on behalf of
Leah Robbins
Director, Southwest Corridor
and
Steve Witter, Executive Director
TriMet Capital Projects and Construction
CC.
TriMet:Snyder
Tigard:Bengtson
Doc C#:—SWC-0711
WBS:CP.5624.P.301.840
Tri-County Metropolitan Transportation District of Oregon
1800 SW 15t Avenue,Suite 300,Portland,Oregon 97201 • 503-238-RIDE(7433) • TTY 7-1-1 9 trimet.org
Metro PoNE Grand Ave.
Portland,OR 97232-2736
oregonmetro.gov
December 13,2018 O
John Cook DEC 17 2618
Mayor
City of Tigard City of Tigard, OR
City Hall, 13125 SW Hall Blvd., City Management-,,"
Tigard,OR 97223
Dear John Cook:
RE: Notice of Adoption of a Land Use Final Order
This letter notifies your agency of the Metro Council's adoption of a Land Use Final Order for the
Southwest Corridor MAX Light Rail Project and its improvements,including their locations.The
order establishes the project improvements for the proposed light rail line to serve Southwest
Portland,Tigard and Tualatin.
The Metro Council approved Resolution No. 18-4938 adopting the Land Use Final Order on
December 13,2018,following a public hearing held on November 15, 2018.Copies of the Land
Use Final Order may be obtained from 9:00 a.m.through 4:00 p.m.Monday through Friday,at
the Metro Regional Center, 600 NE Grand Avenue,Portland, Oregon 97232, or by calling or
emailing the Metro records officer at 503-797-1740 or records@oregonmetro.gov. It is also
available on-line at: http://swcorridorplan.org
Appeals from decisions in the Land Use Final Order for the Southwest Corridor MAX Light Rail
Project must be filed within 14 days following the adoption of Resolution No. 18-4938,through
personal delivery of a notice of intent to appeal that meets the requirements of Section 9 of
Oregon Laws 2017,Chapter 714,effective August 15, 2017 (House Bill 3202) served to the Land
Use Board of Appeals,Metro (at the office of Metro's executive officer), and each affected local
government.
Sincerely,
Chris Ford
Southwest Corridor Project Manager