City Council Packet - 12/18/2018 514 ■
II City of Tigard
Tigard Business Meeting—Agenda
TIGARD
TIGARD CITY COUNCIL BUSINESS / WORKSHOP MEETING
MEETING DATE AND TIME: December 18,2018 - 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
VIEW LIVE VIDEO STREAMING ONLINE:
httD://www.tieard-or.gov/citv hall/council meeting.Dho
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 Tigard
Tigard Business Meeting-Agenda
TIGARD
TIGARD CITY COUNCIL BUSINESS /WORKSHOP MEETING
MEETING DATE AND TIME: December 18,2018 - 6:30 p.m.Business Meeting
MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223
6:30 PM
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) 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. RESOLUTION THANKING CITY COUNCILOR MARC WOODARD FOR HIS SERVICE
B. RESOLUTION THANKING MAYOR COOK FOR HIS SERVICE TO TIGARD
C. APPROVE CITY COUNCIL MINUTES:
•October 30, 2018
•November 13,2018
•November 20,2018
•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. LOCAL CONTRACT REVIEW BOARD - CONSIDER FANNO CREEK TRAIL
ALIGNMENT STUDY CONTRACT AWARD 6:35 p.m. estimated time
5. CONSIDER RESOLUTION TO DELEGATE AUTHORITY TO HOLD A PUBLIC
MEETING ON AFFORDABLE HOUSING 6:40 p.m. estimated time
6. JOINT MEETING WITH THE TIGARD BUDGET COMMITTEE 6:50 p.m. estimated
time
7. EXTERNAL FINANCIAL AUDIT AND CAFR PRESENTATION WITH MOSS ADAMS
7:30 p.m. estimated time
8. CONSIDER A LONGTERM WATER SERVICE AGREEMENT WITH THE CITY OF
DURHAM AND THE TIGARD WATER DISTRICT 8:00 p.m. estimated time
9. CONSIDER CHANGES TO THE EMPLOYMENT CONTRACTS FOR THE CITY
MANAGER AND CITY ATTORNEY 9:00 p.m. estimated time
10. NON AGENDA ITEMS
11. 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.
12. ADJOURNMENT 9:15 p.m. estimated time
AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: December 18, 2018
(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 City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record The names and addresses ofpersons who
attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a
public record
NAME,ADDRESS & PHONE TOPIC STAFF
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CITIZEN COMMUNICATION
I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\2018\citizen communication 181204.doc
AIS-3696 3. A.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): 5 Minutes
Agenda Title: Resolution thanking City Councilor Marc Woodard for his Service
Prepared For: Joanne Bengtson, City Management
Submitted By: Joanne Bengtson, City Management
Item Type: Motion Requested Meeting Type: Consent
Resolution Agenda
Public Hearing: No Publication Date:
Information
ISSUE
Should the City Council thank Councilor Marc Woodard for his eight years of service?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends approval of the resolution.
KEY FACTS AND INFORMATION SUMMARY
Following in the family tradition of service to the citizens of Tigard, City Councilor Marc T.
Woodard is finishing his second term of office, completing eight years of dedicated service to
the community.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
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Attachments
Resolution of Thanks for Councilor Woodard
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 18-
A RESOLUTION THANKING CITY COUNCILOR MARC WOODARD FOR HIS OUTSTANDING
SERVICE TO THE CITY OF TIGARD
WHEREAS, Marc T. Woodard has served as a Tigard City Councilor since January 1, 2011
through December 31, 2018; and
WHEREAS, over the course of Councilor Woodard's eight years of service, he helped the city
recover from challenges triggered by a national recession, contributed to regional conversations
about transportation planning, championed the creation of public private sector partnerships to
create long-term investments in economic development; and
WHEREAS, during his two terms in office, Councilor Woodard tirelessly advocated for
improvements within the Downtown Tigard Urban Renewal District, as well as helping to create a
new,voter-approved Urban Renewal District in the Tigard Triangle; and
WHEREAS,in partnership with Business Oregon, Councilor Woodard strongly supported the
creation of the Tigard Enterprise Zone as an economic development tool that encourages local
businesses to grow by investing in new facilities and new employees; and
WHEREAS, his commitment to addressing the needs of Tigard's homeless population led to the
creation of a Homelessness Task Force that joined forces with healthcare professionals and faith-
based providers in the region to address the needs of this under-served population, and he
championed the city's contributions to a regional conversation about affordable housing as a major
component of attracting business and a qualified workforce to the region; and
WHEREAS, Councilor Woodard's greatest achievements and lasting legacy come from his strong
advocacy of Parks and Recreation services and opportunities for Tigard residents. With Councilor
Woodard's guidance, Tigard continued to strategically acquire park and greenspace using funds
from the city's voter-approved $17 million Park and Open Space bond, preserving natural areas for
residents and visitors to enjoy for generations to come; and
WHEREAS, Councilor Woodard's tireless support for adoption and implementation of the city's
Parks and Recreation Master Plan lead to the creation of a new quarterly Recreation Guide that
gathered the community's wide-ranging recreation providers and community event opportunities
into one publication for residents to sample; and
WHEREAS, his passion for walking and connecting with residents led to a strategic vision to make
Tigard the most walkable community in the Pacific Northwest where people of all ages and
abilities enjoy healthy and interconnected lives; and
RESOLUTION NO. 18-
Page 1
WHEREAS, his support for physical activity and transportation options led to a city partnership
with Portland State University's School of Urban Studies and Planning for a cornerstone project
studying Tigard's neighborhood walkability and plans for implementing alternative transportation
modes; and
WHEREAS, Councilor Woodard contributed his time, energy and ideas to the creation of the
River Terrace Community Plan, designed to welcome new residents to the city he loves and
address everything needed for a community of distinction on Tigard's western border; and
WHEREAS, not only did he dedicate 424 Tuesday evenings to serving as a City Councilor, he
gave additional time, talent and wisdom to his community as City Council representative to the
Intergovernmental Water Board, Park& Rec Advisory Board, Committee for Community
Engagement, Metropolitan Area Communications Commission, Tigard Transportation Advisory
Committee, Tigard Budget Committee, City Center Development Agency, the Mayor's
Appointment Advisory Committee, the Washington County Coordinating Committee and the
Clackamas River Water Providers Consortium Board— always with the goal of ensuring the best
future for Tigard and its citizens.
NOW,THEREFORE, BE IT RESOLVED by the City Council that:
SECTION 1: The Tigard City Council, residents and city staff, in grateful appreciation for
his contributions to the community, hereby recognize Councilor Woodard
for his meritorious and dedicated service to the city.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of 2018.
Jason B. Snider, Council President
City of Tigard
ATTEST:
Carol A. Krager, City Recorder
RESOLUTION NO. 18-
Page 2
SUPPLEMENTAL PACKET
CITY OF TIGARD, OREGON FOR 1�Il cS' "8 ' 'a.
TIGARD CITY COUNCIL ,ATE OF MEETING)
RESOLUTION NO. 18-
A RESOLUTION THANKING CITY COUNCILOR MARC WOODARD FOR HIS OUTSTANDING
SERVICE TO THE CITY OF TIGARD
WHEREAS, Marc T. Woodard has served as a Tigard City Councilor since January 1, 2011
through December 31, 2018; and
WHEREAS, over the course of Councilor Woodard's eight years of service, he helped the city
recover from challenges triggered by a national recession, contributed to regional conversations
about transportation planning, championed the creation of public private sector partnerships to
create long-term investments in economic development; and
WHEREAS, during his two terms in office, Councilor Woodard tirelessly advocated for
improvements within the Downtown Tigard Urban Renewal District, as well as helping to create a
new,voter-approved Urban Renewal District in the Tigard Triangle; and
WHEREAS, in partnership with Business Oregon, Councilor Woodard strongly supported the
creation of the Tigard Enterprise Zone as an economic development tool that encourages local
businesses to grow by investing in new facilities and new employees; and
WHEREAS, his commitment to addressing the needs of Tigard's homeless population led to the
creation of a Homelessness Task Force that joined forces with healthcare professionals and faith-
based providers in the region to address the needs of this under-served population, and he
championed the city's contributions to a regional conversation about affordable housing as a major
component of attracting business and a qualified workforce to the region; and
WHEREAS, Councilor Woodard's greatest achievements and lasting legacy come from his strong
advocacy of Parks and Recreation services and opportunities for Tigard residents. With Councilor
Woodard's guidance,Tigard continued to strategically acquire park and greenspace using funds
from the city's voter-approved $17 million Park and Open Space bond, preserving natural areas for
residents and visitors to enjoy for generations to come; and
WHEREAS, Councilor Woodard's tireless support for adoption and implementation of the city's
Parks and Recreation Master Plan lead to the creation of a new quarterly Recreation Guide that
gathered the community's wide-ranging recreation providers and community event opportunities
into one publication for residents to sample; and
WHEREAS, his passion for walking and connecting with residents led to a strategic vision to make
Tigard the most walkable community in the Pacific Northwest where people of all ages and
abilities enjoy healthy and interconnected lives; and
RESOLUTION NO. 18-
Page 1
WHEREAS, his support for physical activity and transportation options led to a city partnership
with Portland State University's School of Urban Studies and Planning for a cornerstone project
studying Tigard's neighborhood walkability and plans for implementing alternative transportation
modes; and
WHEREAS, Councilor Woodard contributed his time, energy and ideas to the creation of the
River Terrace Community Plan, designed to welcome new residents to the city he loves and
address everything needed for a community of distinction on Tigard's western border; and
WHEREAS, Councilor Woodard contributed his time as the Planning Commission Liaison in
2011-2012 that laid the groundwork for the future development of the Tigard Triangle, he
championed code rewrites, transportation improvements, and details that will attract business,
residents and visitors to a vibrant, thriving and regional attraction for years to come; and
WHEREAS, not only did he dedicate 424 Tuesday evenings to serving as a City Councilor, he
gave additional time, talent and wisdom to his community as City Council representative to the
Intergovernmental Water Board, Park& Rec Advisory Board, Committee for Community
Engagement, Metropolitan Area Communications Commission, Tigard Transportation Advisory
Committee, Tigard Budget Committee, City Center Development Agency, the Mayor's
Appointment Advisory Committee, the Washington County Coordinating Committee and the
Clackamas River Water Providers Consortium Board—always with the goal of ensuring the best
future for Tigard and its citizens.
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
SECTION 1: The Tigard City Council, residents and city staff,in grateful appreciation for
his contributions to the community, hereby recognize Councilor Woodard
for his meritorious and dedicated service to the city.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of 2018.Jason B. Snider, Council President
City of Tigard
ATTEST:
Kelly Burgoyne, Deputy City Recorder
RESOLUTION NO. 18-
Page 2
AIS-3694 3. B.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): 5 Minutes
Agenda Title: Resolution Thanking Mayor Cook for his Service to Tigard
Prepared For: Joanne Bengtson, City Management
Submitted By: Joanne Bengtson, City Management
Item Type: Motion Requested Meeting Type: Consent
Resolution Agenda
Public Hearing: No Publication Date:
Information
ISSUE
Should the City Council recognize Mayor Cook for his service to the city as Mayor?
STAFF RECOMMENDATION / ACTION REQUEST
Yes!
KEY FACTS AND INFORMATION SUMMARY
Mayor John L. Cook was elected in November 2012 to finish the remaining term of outgoing
Mayor Craig E. Dirksen who had been elected to the Metro Council. Mayor Cook was then
re-elected for a new term which ends 12/31/2018. Although eligible to serve another
full term, Mayor Cook and his wife are moving outside Tigard city limits, preventing his
eligibility to serve as Mayor.
OTHER ALTERNATIVES
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
Resolution Recognizing Mayor Cook
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 18-
A RESOLUTION THANKING MAYOR JOHN L. COOK FOR HIS OUTSTANDING SERVICE TO
THE CITY OF TIGARD
WHEREAS,John L. Cook has served as Tigard's Mayor since January 1, 2013 through December
31, 2018; and
WHEREAS, over the course of Mayor Cook's terms, the city faced many challenges on the path to
recovery from the 2008 nationwide recession; and
WHEREAS, Mayor Cook enlisted aid from Congresswoman Bonamici and Senator Merkley to
successfully lobby the U.S. Department of Commerce Economic Development Agency to gain
$2.1 million in federal funding for the Hunziker Industrial Core project, a $1.5 million grant from
the State of Oregon, contributions from Metro and private developers for the same project which
will bring an estimated $36 million in private sector investments, as many as 600 new jobs and
generate $140 million in economic output; and
WHEREAS, his advocacy and ability to build profitable partnerships brought an infusion of
private capital the likes of which Tigard had never seen, along with desperately needed market-rate
housing and opportunities to businesses up and down Main Street. His lobbying helped secure a
coveted $75,000 grant from the National Endowment for the Arts to support public art for the
Tigard Outdoor Museum along the Tigard Street Heritage Trail in a revitalized downtown; and
WHEREAS,Mayor Cook pursued completion of a Main Street Green Street Project to retrofit the
southern half of Main Street to full green street standards and provide a multi-modal corridor to
serve the downtown area. These changes helped create a more distinctive town center for Tigard,
which attracted construction of a new$30 million Burnham and Ash Street mixed-use
development; and
WHEREAS, Mayor Cook and the City Council drove economic investment by pursing the Tigard
Street Trail as a path to employment by converting three-quarters of a mile of unused rail spur into
a dedicated off-street walk/bike path to connect Tigard's residential workforce to centers of
employment locally and regionally. This active transportation route connects to a downtown
commercial core of 260 employers and 33 industrial zoned properties; and
WHEREAS, in partnership with Business Oregon, Mayor Cook helped create the state's newest
Enterprise Zone as an economic development tool that encourages local businesses to grow by
investing in new facilities and new employees; and
WHEREAS, Mayor Cook successfully petitioned Governor Brown and the U.S. Department of
the Treasury to include two Tigard low-income community census tracts in Oregon's list of
RESOLUTION NO. 18-
Page 1
Opportunity Zones, to encourage long-term investment in low-income communities; and
WHEREAS,Mayor Cook represented Tigard in the successful construction and activation of the
city's massive water infrastructure project with Lake Oswego for a state-of-the-art water system
that delivers a clean, safe, long-term water source to over 100,000 Tigard Water Service Area
customers in Durham, King City, Tigard and unincorporated Washington County; and
WHEREAS, Mayor Cook's advocacy for community involvement, relationship building and
strengthening neighborhood partnerships fostered new and popular ways to connect with Tigard
citizens and businesses, including partnerships with YouthSource to connect the city, school
district and local businesses with internships and employment opportunities for at-risk and
underprivileged young adults;recognizing and empowering youth volunteers by revitalizing the
Tigard Youth Advisory Council and involving them in his annual State of the City address; and
WHEREAS,Mayor Cook's active membership in the United States Conference of Mayors,
Oregon Dept. of Transportation Region 1 Area Commission on Transportation, Westside
Economic Affiance Board, Tigard Chamber of Commerce Government Relations Committee,
Southwest Corridor Steering Committee, Mayors' Institute on City Design - a leadership initiative
of the National Endowment for the Arts, Washington County Coordinating Committee,
Metropolitan Mayors Consortium, Oregon Mayors Association, Greater Portland Inc. Small Cities
Consortium and many more leadership roles led to successful partnerships, urban design solutions
and long-term opportunities that position Tigard as an important partner in the region.
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
SECTION 1: The Tigard City Council, residents and city staff,in grateful appreciation for
his contributions to the community, hereby commend Mayor Cook for his
meritorious service to the city.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of 2018.
Jason B. Snider, Council President
City of Tigard
ATTEST:
Carol A. Krager, City Recorder
RESOLUTION NO. 18-
Page 2
AIS-3701 3. C.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): Consent Item
Agenda Title: Approve City Council Meeting Minutes
Submitted By: Kelly Burgoyne, Central Services
Item Type: Motion Requested Meeting Type: Consent
Agenda
Public Hearing: No Publication Date:
Information
ISSUE
Approve City Council meeting minutes.
STAFF RECOMMENDATION / ACTION REQUEST
Approve minutes as submitted.
KEY FACTS AND INFORMATION SUMMARY
Attached council minutes are submitted for City Council approval:
• October 30, 2018
•November 13, 2018
•November 20, 2018
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
October 30,2018 Minutes
November 13,2018 Minutes REV
November 20,2018 Minutes
City of Tigard
• Tigard Special Meeting Minutes
October 30, 2018
TIGARD
se
1. SPECIAL MEETING -
A. At 6:32 p.m. Mayor Cook called the Tigard City Special Meeting to order.
B. City Recorder Krager called the roll.
Present Absent
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
C. Mayor Cook asked everyone to stand with him for the Pledge of Allegiance.
D. Mayor Cook asked council and staff for any Non Agenda Items. There were none.
2. BRIEFING ON THE SOUTHWEST CORRIDOR MAX LIGHT RAIL PROJECT'S
COMPLIANCE WITH STATE-MANDA LED LAND USE CRI 1'hRIA IN THE CITY OF
TIGARD
Community Development Director Asher introduced this item and said it was an informational
presentation and no action was being requested tonight.
Mr.Asher asked City of Tigard and TriMet staff to introduce themselves and their role in the
project. Present were: Economic Development Coordinator Dylan Dekay-Bemis,Project Planner
Gary Pagenstecher, Senior Project Engineer Tegan Enloe, Senior Transportation Planner Dave
Roth and Senior Planner Susan Shanks. TriMet staff: Steve Witter, Executive Director of Capital
Projects, and Dave Unsworth, Director of Project Development and Permitting.
Mr. Asher said direction is sought from Council for a resolution to be considered at the November
13 meeting which will officially determine the City of Tigard's support for the SW Corridor light rail
project. He remarked on the importance of a light rail project to a city like Tigard and how it is
beneficial. He said one of the proudest moments of his community development career was to help
build the Portland-Milwaukie MAX line when he was the community development director for the
City of Milwaukie. He suggested that decades from now some cities will be on the light rail network
and others will not and the cities that have access to that network will have an advantage in fulfilling
their plans and aspirations. Light rail gives a city a lot more development options which most
TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 12
1
communities value such as walkability,mixed-use and being more than just a bedroom community.
He said while he is a great proponent of light rail generally, tonight's presentation has a negative
bias. He explained that the project is in a land use process and Metro is the decider,TriMet is the
applicant and Tigard City Council is a stakeholder,as an affected jurisdiction.
Mr.Asher said he received a notice from Metro for a decision on the Land Use Final Order
(LUFO),which is a single permit for the project. LUFOs were created by the State of Oregon.
Metro's public hearing is scheduled for November 15,two days after the Tigard City Council will
make their recommendation. The workshop tonight is an opportunity for Council to hear about the
project, concerns staff has identified about the Locally Preferred Alternative (LPA),to get
information from TriMet (the applicant) about the process and to get clarification so that the
resolution that comes back on November 13 captures whatever Council wants the City of Tigard to
be on record about. This input will be considered by TriMet and Metro.
Mr. Asher said the project is only at the 5 percent design stage and there are a lot of unknowns. He
said the LUFO is arranged so that once Metro approves it,TriMet has authority to build the project
in line with this application and any changes would be figured out through a steering committee
process where there might be only one representative. These changes would not typically be large.
The City Council's influence is limited. He said Council will hear about an agreement that addresses
some concerns Tigard has about the project. He asked Council to think about the alignment. and
Council will also consider a finalized MOU to be signed by the city manager that talks about
addressing these concerns.
Mr.Asher said staff has a risk bias in the way we are looking at these issues. Studies show that when
faced with a big decision,we are interested in the downside risks as well as the upside. The project
has predictable benefits which staff will not talk about much tonight. There are few issues with this
project going to the Triangle area.We wanted two stations in the Triangle and it looks like that is
going to happen. The Triangle and light rail fit together. Tigard will have better transit service,
multi-modalism all over the downtown and the Triangle,and a non-car ride to Portland or
Bridgeport would be great. There will be some road and intersection improvements as well as
natural resources such as Red Rock Creek. These are all good things that are part of this project and
he did not want that to be lost on anyone.
The LPA also has adverse impacts in the City of Tigard as well,heavily concentrated in one
segment. Most of the focus tonight will be on this troublesome area,the downtown area and
portion of the Hunziker Industrial Core that runs up against the downtown. He said staff are being
conservative and calling out all risks when we hold this alignment up against the City's
Comprehensive Plan policy. Things we care about such as transit-oriented development and
walkability could happen but we are not sure we can rely on it happening with this alignment. These
concerns are all being put in the frame of the LUFO criteria because that is what the law says we are
supposed to do. He showed slides of maps and the alignment and said staff will discuss where the
LPA shows conflict or risk with our comprehensive plan policies. He said he would then touch on
the MOU and resolution and there is a lot of time for Council questions.
Council President Snider asked where the Village Inn site was located. Mr. Unsworth said the
yellow area on the map has been expanded because they were asked to do some additional study by
the Steering Committee trying to avoid impacting the Village Inn. They may look at other
properties. He said this will provide some flexibility and choices as they proceed.
TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 12
This Land Use Final Order is recognition on the part of the State legislature that this project has
statewide impact, this MAX line is critical infrastructure to this region,and the region is critical to
the economy of the state. To be competitive and gain as much federal share as possible is of real
interest to the state. Therefore, the state has passed legislation for this project and projects before it
to allow land use decision making elevated from local jurisdictions to the entity that includes all of
them—Metro. It does not mean TriMet has rights to build light rail anywhere it wants under any
condition it wants. The legislation is very clear that it is trying to abide by statewide planning goals
and supportive of local land use planning policies (Comprehensive Plan and other plans). It says in
the LUFO legislation that it is meant to be "equivalent in spirit and in substance to the land use
procedures that otherwise would be applicable." He said there are 13 criteria,approved by city staff,
TriMet and Metro as shown on a slide of all criteria with two highlighted that have not been met:
Criterion 3-Balancing and mitigating social,urban form, economic,traffic and safety impacts;and
Criterion 11 -Maintaining downtown Tigard as the transit center. The other 11 criteria have been
met or are not pertinent at this time. He said this project worked hard to avoid social impacts and he
did not think there were any affordable housing impacts. But staff has concerns to bring to
Council's attention to impacts to urban form, economic, safety and traffic.
Mr. Asher said it is a balancing act and one of the balancers is whether this route location can
enhance transit ridership and staff believes it will. Council will hear about the likely contribution of
light rail service to improved economic opportunities, the development of a compact urban form,
improved safety and the need to protect neighborhoods, districts and centers (the downtown) from
adverse impacts.
Senior Transportation Planner Roth showed a slide of the Tigard Transit Center and asked, "Does
the preferred alternative comply with Criteria 11?" He said that siting it on Hall Boulevard puts it
outside Tigard's defined downtown area and, on this basis alone,it fails. The current Tigard Transit
Center is centrally located,accessible and multi-modal with eight bus lines and the Wes line serving
it. It provides both bike parking and 100 Park&Ride spaces. It is an integral transportation facility
woven into the fabric of downtown Tigard and over the past several years the city has invested
heavily in renewing the historic downtown area and creating a more walkable environment. An
inherent assumption in much of this work is a centrally located transportation hub in downtown
Tigard. He said from a transportation perspective siting the new Tigard Transit Center outside of
downtown Tigard's established boundaries creates a few potentially negative impacts: increased
walking distance and time from the center of downtown,pedestrian trips shifted to Commercial
Street,a street without specific plans or investment in appropriate pedestrian scale and streetscape
improvements;new and so far unmitigated pedestrian train crossing conflicts, the form of SW Hall
Boulevard itself,which sees over 11,700 vehicle trips a day at this location, additional traffic
generated from a 300-space Park&Ride structure and impacts of bus ere-routing through the
downtown area.
Economic Development Coordinator Dekay-Bemis discussed LUFO Criteria 3. Part of the
objective is to identify economic impacts on commercial and industrial districts,measures that could
increase beneficial impacts and reduce adverse impacts, and the likely contribution of light rail in
service to improve economic activities. He showed a slide of the LPA and underlaid in grey were
Tigard's industrial zones,its entire supply of industrial land. He said except in the Triangle the route
runs through Tigard's industrial lands,avoiding impacts on residential lands. Some business may
have to relocate. This does not show the full impact because the project is only 5 percent designed.
A Summary of Impacts slide showed 21 businesses that staff said would be directly impacted and
need to relocate, or 4.7 percent of industrial firms in Tigard. These firms employ 594 employees, or
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7 percent of industrial employees in Tigard. Tigard could potentially lose 42.3 acres of the industrial
land inventory, or 5.4 percent.
Project Planner Pagenstecher said the impacts occur within a severely constrained industrial land
inventory without potential future expansion within or at the edge of the City's boundaries. There is
no land available of a size and location suitable for industrial use available for expansion within the
City boundary. Outside the Urban Growth Boundary the land to the west is topographically
challenging and unsuitable for industrial development, even if it came inside the UGB. The other
boundaries on the north, east and south are shared with other cities.
Mr. Pagenstecher said the need to protect industrial zoned land within Tigard is well documented in
the Comprehensive Plan's 2011 Economic Opportunities Analysis. The city is deficient in vacant
and redevelopable industrial-zoned property for the 20-year planning horizon. The applicable Goal
9 Comprehensive Plan policies and action measures focus on promotion of well-designed and
efficient development of vacant industrial lands and actions that result in greater,more efficient
utilization of Metro-designated employment and industrial areas. He showed a slide of the Hunziker
Core infrastructure and said the strategy was developed to provide a context for the Wall Street
improvement alignment, currently under construction. The middle section is being developed now
and Phase 3 (Tech Center Drive) is funded for 2020 development. The Wall Street improvement
provides frontage to the Fields property and connectivity between Hunziker Street and 72"d Avenue,
helping to relieve the burden on the Highway 217/72'Avenue intersection. This strategy also
identified a potential street network between the new Wall Street and Hall Boulevard that could
provide access to significant underdeveloped properties in the Hunziker Core,a key element to
potential future development of this important zone. He showed a slide of the 16-acre Operations
and Maintenance Facility,which would extend from Hunziker Street to the railroad tracks. TriMet
indicated operational requirements would preclude any access through it. Potential alignments are
truncated by the 0 &M Facility. He summarized by saying that in its current configuration the LPA
and 0 &M Facility would adversely impact Tigard's industrial employment landscape by further
reducing the already constrained industrial land inventory and reducing the industrial workforce.
Staff finds that the LPA is not consistent with LUFO Criterion 3.
Senior Planner Shanks talked about impacts to the urban form included in Criterion 3, specifically
whether the location of a station area and proposed Operations and Maintenance Facility east of
Hall Boulevard adversely impacts Tigard's urban form. The location of a station area and 0 &M
Facility east of Hall Boulevard does not serve Tigard well. It does not contribute to the development
of a compact and efficient urban form. She said this is not just that the light rail improvements are
proposed to be built outside of the downtown Tigard area in an adjacent industrialized area. It is
what happens after the station is up and running. The urban form means the physical patterns and
structures defining an intensely built space. Downtown Tigard's urban form has been heavily
influenced by the historic commercial retail pattern along Main Street,by its proximity to Fanno
Creek and by the community's land use vision and redevelopment efforts over time. What it means
to downtown's urban form to locate a station outside of it is that downtown's physical boundary will
need to expand outward into an area for which it shares very few physical attributes. The Hunziker
industrial area consists of several large lots with no internal street grid and no connection to Fanno
Creek. Yet the station will somehow need to be physically integrated into downtown,across Hall
Boulevard,if it is going to be a safe and successful place.
Ms. Shanks said there is a functional component as well and that is that downtown will become a
less compact and efficient place. Compact urban form is about physical density and efficient urban
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form is about functionality. It is only when we have a density of land uses and human activity that
we truly achieve efficiency. A consequence of having a less compact and efficient downtown is the
dispersal of people and activities. These are the attributes that are the hallmark of good urban form
and successful urban places everywhere. Based on projected ridership and transfers, the downtown
station will become a hub of human activity and the market will likely want to serve it by locating
services and business there. There is concern that this new hub will compete with Main Street and it
will suffer. It will create two centers. Most of the community's efforts in the downtown have been
focused on Main Street. She showed slides of the City Center Urban Renewal area in the past,
present and future. Most completed projects are along Main Street, current projects are along Main
Street and proposed projects are near Main Street. Many stakeholders and advocates been working
for decades to enliven the sizable area that is already downtown.
Senior Planner Shanks noted, as described by Economic Development Coordinator Dekay-Bemis
and Project Planner Pagenstecher, the City does not have industrial land to spare. No one has been
advocating for a larger downtown or a smaller industrial area.A complete re-imagining of this area
will be required because none of the City's plans or policies address the radical change proposed by
this light rail alignment. This will require time and resources and significant community
engagement. It will also require major amendments to the Comprehensive Plan, Community
Development Code and Transportation System Plan. These changes will need to be supported by
appropriate analyses and funding for this will need to be added to the City's budget for the next few
years.
Senior Project Engineer Enloe spoke about the section of Criterion 3 addressing safety and traffic
impact. She mentioned beneficial impacts from the project including traffic signals at 65th Avenue
and Haines Street and Commercial Street at Hall Boulevard. These roads are expected to have more
traffic by 2035 and the addition of traffic signals will reduce the congestion. A successful transit
project may cause more people to use transit rather than ride in a vehicle, thus removing some cars
from the roads.
Senior Project Engineer Enloe discussed three potential adverse impacts. She mentioned the
proposed station on 68th Parkway and Pacific Highway and said there has not been much station
planning since the project design is just at the 5 percent level. Good use of this station and the Park
&Ride are expected from the neighborhoods to the north. If a pedestrian is on the west side of 68th
Parkway going towards the station,there is a full traffic signal on 68th Parkway that is considered a
protected crossing for them. But if someone is coming from the east, depending on where the
access point is on that parcel of land,it could be considerably out of direction travel. A rule of
thumb traffic engineers use is that a pedestrian would likely go 150 feet out of their way to use a
protected crossing. If access gets farther away than that, there is an increased desirability in dashing
across Pacific Highway. There is not enough information to know what the future access will look
like so this is a potential safety concern.
Ms. Enloe said there are three traffic signals in close proximity; an existing signal at Burnham, an
existing one at Scoffins/Hunziker and a proposed signal at Hall Boulevard and Commercial Street.
Looking ahead to 2035 it is estimated that there would be a crossing on the freight/WES tracks
every 15 minutes during peak hours and a crossing on the light rail tracks approximately every six
minutes during peak hours. This is a high number of trains and the concern staff has is that having
that close activity and two uncoordinated train systems creates an increased risk of congestion. The
safety concern comes from needing to clear cars from the tracks when two trains come at the same
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time or if a freight train comes through. There is not enough design at this time to know how the
independent train systems would trigger the signal system.
Senior Project Engineer Enloe discussed the 72nd Avenue/Carmen Drive area which is congested
today and future modeling shows that congestion will only increase. The proposed alignment
crosses both 72nd Avenue and Carmen Drive in close proximity in an area that experiences high
levels of existing and projected future congestion. She said future modeling is based on an
assumption that Upper Boones Ferry Road will be built out to five lanes but it is shown to be highly
congested in the future. This widening project is not funded.
Slides were shown of Tigard Comprehensive Plan criteria marked in red if they conflict,green if they
support light rail and black if they could go either way. Engineer Enloe discussed LUFO Criterion 3
—Balancing of Traffic and Safety Impacts. She said there is a need for the system to balance
anticipated growth and development, congestion in the area, and also the safety of the
transportation system. The Comprehensive Plan calls out a need to create an effective multi-model
system and provide different types of travel opportunities for people who live and work and enjoy
life within Tigard. There are also sections in the Comprehensive Plan that specifically calling for
high capacity transit.
Senior Planner Shanks discussed LUFO Criterion 3 —Balancing of Urban Form Impacts and said
there is not a good consistency with the LPA.As noted earlier, the words compact and efficient
urban form appear frequently in Comprehensive Plan policies. She pointed out Goal 14.3,Policy 1,
which recognizes the city's role within the region and that it is recognized that Tigard is part of a
larger,urban regional area but while supporting regional and state growth management decisions,
the City also values and supports policies that support cities as the best building blocks of an
efficient, stable and compact urban region.
Project Planner Pagenstecher talked about LUFO Criterion 3—Balancing of Economic Impact. For
the more general economic policies the impacts of the overall LPA are positive,providing the City
with a safe, effective, efficient and multi-modal transportation network. However, for the more
numerous, specific economic policies applicable to industrial areas, the impacts of the LPA and the
0 &M Facilities within those industrial areas are adverse. For employment areas, such as mixed-use
zones within the Triangle,the Central Business District and industrial areas,industrial areas are
severely constrained and would suffer further diminishment with the LPA. Mitigating these adverse
impacts will be critical to Tigard's future economic development.
Senior Transportation Planner Roth said LUFO Criterion 11 relates to Tigard's Comprehensive Plan
Policy 15.4.which says the downtown shall be Tigard's primary transit center for rail and bus
service. The preferred alternative station on Hall Boulevard is outside Tigard's downtown area.
Community Development Director Asher said impacts were quickly identified and staff have been
working with TriMet and Metro to see if there are some ways to get these adverse impacts mitigated.
A draft MOU with TriMet has been prepared that allows Tigard to have comfort regarding concerns
discussed tonight.
A draft MOU with TriMet will come before Council on November 13 and includes language on:
• Number of stations and locations
• Hall Boulevard redesign (at downtown station location)
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• Shared use agreement for downtown parking structure
• Future discussion on design and location of downtown station in a MOS scenario
• Cooperation on an Ash Avenue crossing
• Study and cooperation on active transportation connection between the Triangle and
downtown
• Cooperation to preserve and develop affordable housing
• Future agreement for scoping and budgeting city staffing on the project
Community Development Director Asher said Council will need to consider a resolution to support,
a resolution to oppose, or a resolution requesting that Metro remand TriMet's application. Staff is
seeking direction on which resolution to prepare for a vote on November 13. He said the LUFO
will need to be amended at a later date after a few key steps such as the Final Environmental Impact
Statement and the full funding grant agreement. This is the time for affected jurisdictions to sign on
or make concerns known to TriMet and Metro.
Council President Snider asked what TriMet's reaction was to the staff findings.
TriMet Director of Project Development and Permitting Unsworth said he appreciated staff's work
on this. The project has been brought forth by a steering committee of elected officials who have
looked at this for a number of years. A Citizen Advisory Committee met 17 times and both
committees universally and unanimously approved this preferred alternative. They looked at a
dozen alternatives to get to downtown Tigard but did not want to destroy what they wanted to
preserve, such as affordable housing or businesses or create significant traffic impacts by crossing
Hall Boulevard twice. He acknowledged that some industrial area is being taken out. He said if the
O &M Facility was oriented differently property effects could be minimized. Per state law this is the
time to give comments. TriMet will be releasing their findings in the next week or so and Council
will have a chance to read this.
Council President Snider said it is clear that Metro by state law has to take the criteria into
consideration. He said that as a community member for over 20 years and the way the staff and
entire city interpret this,it would be hard to say all the criteria are met and Metro will write findings
to that effect. He said he is hearing that this is a compromise and wanted to know what specific
things are addressed by the MOU and what things are not and what,if anything,is the potential
mitigation for it.
Mr.Asher said Council President Snider was right, Metro will draft findings. There is more than
one way to interpret policies and there are many ways to interpret criteria also. Metro will be
looking at this project from a regional,not provincial aspect.
TriMet Director of Project Development and Permitting Unsworth noted that the PowerPoint was
different, and this was the first time they had seen this version. He requested a five-minute recess to
confer with his colleagues in order to provide specific responses on how these issues will be
addressed. Mayor Cook called a recess at 7:51 p.m.
The meeting was reconvened at 8:02 p.m.
City Manager Wine said the presentation was new and acknowledged that it was not fair to ask
TriMet for a detailed response to specific criteria.
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TriMet Director of Capital Projects Witter said City Manager Wine's comments were well taken and
he did not see a benefit to respond point by point. TriMet staff has been working with City staff on
this. He thanked Councilors Goodhouse and Anderson for working on an MOU,which is not
legally binding,but a morally binding, document. He said it is a continuation of TriMet's good faith
efforts to work with Tigard which started back when the initial route proposal was being formed and
Community Development Director Asher said TriMet really needed to know how urban design and
form issues could be understood. We are at five percent design. Looking at the character of the
stations to the traffic operations—all of these things will be resolved. Light rail projects are complex
and they require some special engineering but TriMet has built over 60 miles of rail and has seen
throughout the region that engineering challenges can be overcome.
Mr.Witter noted that Mark Greenfield,who wrote the original LUFO legislation was present and
could address any specific LUFO questions.
TriMet Director of Project Development and Permitting Unsworth said there two ways to deal with
the issues. There is mitigation for impacts and they will look for traffic impact mitigations. LUFO
does not get you out of local permitting;we still need to come in for land use approval and permits
so Tigard has a chance to weigh in. He said regarding urban form, they know there will be a loss of
work and TriMet will pay for the relocation of businesses there.The City has asked them to join
with them on employment transit-oriented development in that area to build businesses back up.
Part of this urban form question is how to grow the downtown and part of that is how to address
Hall Boulevard.A request was made of TriMet to assist the City with a jurisdictional transfer of Hall
Boulevard from ODOT. They are willing to help with that. He said staff raised relevant issues and
an MOU with a work program hits all of these issues and the team at TriMet wants to make this a
success. This is not something we are doing to Tigard. It is something we are doing for Tigard.
Councilor Goodhouse asked for a definition of Transportation Oriented Development for the
audience to hear. Mr. Unsworth referred to Orenco on the west side line and said it is housing built
around transit and really uses the transit. Another kind is equitable transit-oriented development
which repurposes excess property acquired for a station for affordable housing.
Council President Snider asked what percentage of staff concerns are mitigated by the MOU.
Community Development Director Asher said it is an excellent start but came very late. He said it is
very helpful and adequately addresses many of the issues. Council President Snider asked which
issues were not addressed. Mr.Asher said it is reassuring to hear that the funding for Hall
Boulevard will be in the base funding in the vicinity of the project. Some of Senior Planner Shanks'
concerns about integrating an extended downtown will be helped by improvements to Hall
Boulevard as will some of Senior Transportation Planner Roth's concerns. If there is one thing that
is not in this agreement it is that the Minimal Operating Segment language. If the project does not
go to Bridgeport, do we have to have a station in the industrial area when one in the downtown
would solve so many of these concerns. However,TriMet has been very clear that they are not open
to moving the station even in that scenario.
Council President Snider asked about the congestion at Boones Ferry and 72"d Avenue,which is
concerning to him. Mr. Unsworth said they have heard this is an issue from ODOT and others.
They are looking at a grade separation and it is on the radar.
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Councilor Goodhouse said his biggest concern is that he wants a west of Hall Boulevard station
option and that citizens are surprised there is not a downtown station option. Mr. Unsworth said
what TriMet has heard clearly is that going up and over Hall and landing on Burnham Street
increases costs and travel time so much that their General Manager is not interested in doing that.
He added that this is a conversation for the Steering Committee later on.
Councilor Woodard asked Mr. Asher about the Hunziker Industrial Core,where the City and
Trammel Crow have invested millions. Mr.Asher replied that the Trammel Crow property is on the
other side of Wall Street and the entire Fields property hillside will be developed just as was planned,
with industrial development on the flat part and workforce housing being built on the hillside.
In response to a question from Councilor Woodard about the MOU, City Attorney Rihala said it is
not a legally binding document in the sense we could take it to court and have a judge compel
someone to do something. It is a legal document in that two parties are signing an agreement.
Councilor Woodard suggested that if the City has an expectation to receive certain benefits for the
City and the tax payer,we need to absolutely ensure that those commitments are solidified in
another type of document. City Attorney Rihala said at this point,items in the MOU are flags for
future consideration for an IGA. There are placeholders in the MOU with the intent that we will
come back and enter into an IGA if we decide to pursue them.
Councilor Anderson asked about moving the Operations and Maintenance Facility around and
whether maintenance is an industrial use. Senior Planner Shanks said railroad yard use is not
allowed in this zone. but an exception was made, and our code will be changed. Councilor
Anderson asked how many jobs would be created by an 0 &M facility and Mayor Cook said the
answer was at least 150 FTEs.
Mayor Cook asked why the Hall Boulevard parking structure site could not be considered a mixed-
use development with shared parking below and a few stories built above to facilitate development
in the area. Mr. Unsworth said it would be a question for the market and whether it would pencil
out. There is language in the MOU regarding shared use for the parking structure.
Mayor Cook asked City Attorney Rihala to summarize Charter changes related to light rail. She said
the City's Charter says the City may not raise a tax,increase a fee or basically impose any additional
cost without a vote to pay for light rail construction. So, any Tigard funding was going to be devoted
to construction there would need to be a vote. In terms of what has been voted on,two years ago
Tigard passed the authorization ordinance which had to meet specific requirements and asked voters
if they supported a light rail project as it was at that time and they voted yes. The resolution Council
will consider on November 13 will say to the extent that this project conforms with that vote, the
Tigard City Council supports that alignment. No additional vote of the people is required if Council
decides that this project conforms with the authorization ordinance. Staff feels comfortable that it
does.
Councilor Woodard referred to the street maintenance backlog and asked if anyone was concerned
that there will be a lot of cross-street traffic to access light rail. He asked if there were ways to find
revenue for these things. Mr.Asher replied that this is low down on the list and he was not sure the
impact will be as bad as Councilor Woodard thinks. Mr. Unsworth said where there are at-grade
crossings TriMet is responsible and will develop maintenance agreements.
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Mayor Cook thanked TriMet for working with staff on this MOU. He added that Metro does not
often receive kudos,but Metro was the "white knight"playing referee and encouraged TriMet and
the City to talk.
Community Development Director Asher asked for direction from council on drafting a resolution
for November 13 meeting. This meeting was to make sure Council has the information they need.
Mayor Cook said it would have been helpful to have the MOU in front of them. He suggested
mirroring the language from the MOU in the resolution so that we have it in both places.
Councilor Goodhouse suggested passing the resolution and MOU but remanding the station
location to west of Hall Boulevard.
Community Development Director Asher said he is hearing support generally for this project and
has heard one councilor asking for something that is not in there. He said staff will draft something
that brings over language from the MOU into the resolution.
Council President Snider said he has stated this to TriMet staff previously,but for him to support
the east of Hall Boulevard station, the line must go to Bridgeport,not necessarily immediately,but
there needs to be a commitment to build within a specified time,perhaps ten years.
Councilor Woodard said he received a lot of good information over the years but it has changed
quickly. He was concerned about the industrial area. He said there is a lot of information and he
can't fathom that all the additional things which tax payers are going to pay for are listed in the
MOU. There are other things that will be needed to treat roads and deal with congestion, such as
lighting and signals,but without an MOU or IGA with an absolute guarantee of some of these big
ticket items,he has no assurance. People are going to get frustrated and upset and he could imagine
future councilors trying to untangle the mess made because we do not really understand things. He
said, "When it comes down to Tigard, I've got to put Tigard first."
Mayor Cook said despite what the media has reported,he never said it will decrease congestion. He
said it will decrease the increase in congestion. People are moving in;congestion is going to get
worse.But it is another tool in our toolbox. Even with building this there will be an increase in
congestion because of the number of people moving in. He said he looks at the positives like what it
could do for the downtown and what it will do for the Triangle and all the economic development
aspects. Those can pay for the items mentioned by Councilor Woodard. We have to look at the
negatives but there are plenty of ways that this project would pay for those and more and benefit the
city. He said Councilor Woodard is correct in that the first alignment lines looked at were wide and
it could have gone in anywhere inside those lines. But the lines went mainly through residential
areas. The preferred alternative goes a little inside residential in the Triangle and does affect 5
percent of Tigard's industrial land,but otherwise we would have hundreds and residents and
housing advocates displaced. He said he did not like the fact that industrial land is affected but
otherwise council would be hearing from hundreds of residents and social organizations testifying
that we were taking out an affordable housing project.
Councilor Woodard said in order to make a good decision he needs more time. Community
Development Director Asher said the project is at the point now where Metro will be making their
decision on November 15. This is the next milestone in the project schedule. He said he felt for
Councilor Woodard but he also knows how many times staff has updated council at meetings and
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over lunch. November 13 is the decision date for this council. Mr. Asher said staff will not be back
with new information. Council will hear from the public on November 13 but the whole purpose of
tonight's workshop was to update Council on everything.
City Manager Wine said the MOU will be published with the packet Council receives on Thursday.
Councilor Woodard noted that he wished they could have held this workshop meeting back when
the Steering Committee had its meeting with Metro.
City Attorney Rihala asked for attention to be refocused on the land perspective. She noted that
Councilor Goodhouse requested consideration of a remand to address the MOS and reiterated what
Mr. Unsworth said earlier; the MOS is not a part of the land use decision. She said a remand would
be to address one criteria that is not being addressed in the application that will be before Metro.
She said Tigard could prepare comments for Metro saying that Criterion 11 is not satisfied but the
MOS would not be the way to go about doing that.
Community Development Director Asher asked, following up on Councilor Goodhouse's concern,
if the LUFO showed a larger area for the downtown station,would it avail the opportunity to build
one west of Hall Boulevard if an MOS came to pass. He asked if not having those locations
identified precluded the possibility that there would ever be a station west of Hall. Mr. Unsworth
said no, after a final environmental impact statement and a full funding grant agreement, there are
opportunities to modify it. He said to recognize though that the application TriMet prepared was
based on direction from the Steering Committee and it was a resolution that went to TriMet's Board
so he did not think it was possible to change that in the near term. Metro is being asked to do two
things on November 15—a vote on the locally preferred alternative as it is written,which does not
include the MOS;and to process this LUFO,which includes a full-length alignment that does not
describe an MOS.
Mr. Unsworth said that if for some reason there is not enough money for a full-length alignment
and a description is needed, the MOU says TriMet will consult with Tigard and have a full
discussion and the Steering Committee will adopt where we will move forward with an MOS. If
they move forward with an MOS and cannot get all the way to Tualatin,they amend the LUFO at
the end of the FEIS or at the full-funded grant agreement component. There are opportunities.
Mr.Asher asked about the NEPA (National Environmental Policy Act) because after the FEIS is
finished,it was not clear to him how a new property impact would be introduced. Mr. Unsworth
said a project identified in a NEPA action could do this in several ways. Before an EIS is finalized
an MOS will be picked to make sure they have cleared that. This won't happen until June or July of
2019. If we change things after an environmental impact statement has been issued a record of
decision, there are reevaluations that can occur and TriMet has done these before on a number of
projects. It is not something they are unaccustomed to doing;it is a regular action they have had to
take for a number of different elements that have changed after the record of decision has been
issued. Mr.Asher clarified for Council that the Steering Committee can change things from what is
being adopted now on advice from the project staff. It would not be a City of Tigard decision
although Council would be consulted and represented, and some processes would have to be put in
place to get through NEPA and to change the alignment. The MOS that will be named in June or
July is along the alignment as shown. Mr. Unsworth said the MOU is very clear about the
opportunity to have that conversation,which we will have and that is the time for it.
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Councilor Woodard asked what the result would be if the Tigard City Council decided to oppose or
remand. Mr.Asher said if Tigard made a resolution to oppose the project it would be very grave for
the project but it would be up TriMet or Metro to figure out how to respond to something like that.
He said a remand is very different and is similar to any other land use situation. It would mean
asking TriMet to please go back and keep working on this and it would have schedule implications.
Council President Snider noted that Tigard would not even get to make that decision and would
simply be asking Metro to remand it. Mr. Unsworth said if the City of Tigard, after working on this
project for seven years, does not want to move forward,it is a big issue. If Tigard wants to say they
want a remand for a specific issue it is up to Metro Council to decide. Councilor Woodard asked if
Tigard decided to request a remand would it stop the LUFO. Mayor Cook said the Metro meeting
would still happen on November 15 and we would request in a resolution that they change an aspect
but Metro Council could decide not to listen to that.
City Attorney Rihala said what they are hearing is that the resolution will mirror the MOU,be in
support of the project to the extent it conforms with the authorizing ordinance and is in agreement
with the locally preferred alternative. Council President Snider said his support was dependent upon
language about the line going to Bridgeport or not. City Attorney Rihala asked if the MOS language
was in the MOU would be sufficient and Council President Snider agreed it would. Councilor
Anderson said Council members that had not seen the MOU were at a disadvantage. He said he has
seen it and is satisfied and ready to move on.
Community Development Director Asher said staff will write a resolution in support with the MOU
language and leave it to Councilors Goodhouse and Snider to see if it satisfies their interests in a
commitment relating to the Bridgeport MOS issue or some other option. Council will hear from the
public at the hearing on November 13 and will have two weeks to review the resolution and decide
if the language is satisfactory before then.
3. NON AGENDA ITEMS None.
4. ADJOURNMENT
At 9:15 p.m. Councilor Woodard moved to adjourn the meeting. Councilor Goodhouse seconded
the motion and Mayor Cook conducted a vote. The motion passed unanimously.
Yes No
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Carol A. Krager, City Recorder
Attest:
John L. Cook,Mayor
Date
TIGARD CITY COUNCIL MEETING MINUTES — October 30, 2018
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111 111 City of Tigard
Tigard City Council Meeting Minutes
TIGARD November 13, 2018
1. SPECL3L BUSINESS MEETING.
a
A. At 6:31 p.m. Mayor Cook called the Tigard City Council Special Meeting to order.
B. City Recorder Krager called the roll.
Present Absent
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance.
D. Mayor Cook asked staff and council for Non-Agenda Items. None
2. PUBLIC HEARING AND SOUTHWEST CORRIDOR PREFERRED ALTERNATIVE:
INFORMATIONAL PUBLIC HEARING, CONSIDER MOU WITH TRIMET AND
APPROVAL OF PREFERRED ALTERNATIVE ALIGNMENT
A. At 6:32 p.m. Mayor Cook opened the public hearing.
B. Community Development Director Asher gave the staff report. He said he has spoken
many times to Council in the five years he has been working on this project. He wanted to
introduce other team members who have also been working on this project and
acknowledge their work. He thanked City of Tigard staff members working on the largest
public works project built in the city and asked them to stand: Citizen and Business
Involvement Lead Lauren Scott, City Engineer Lori Faha,Urban Design Lead Gary
Pagenstecher,Permitting Lead Susan Shanks, Station Access Lead David Roth, and Sean
Farrelly,Lead on Equity and Housing. He thanked project partners present from TriMet:
Leah Robbins, Steve Witter,Dave Unsworth and Tom Markgraf. Malu Wilkinson was
present from Metro as was Metro Councilor Craig Dirksen. Washington County
Commissioner Roy Rogers and State Representative Margaret Doherty were also present.
Mr.Asher noted that former Tigard City Councilor Marland Henderson and Councilor-
elect T,i7 Newton were also present.
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He said his presentation would be short since the point of the meeting is to hear from
people wanting to testify. He said he gave a lengthier presentation at the October 30
workshop meeting and the materials on the alignment have been available.There are boards
in Town Hall and out in the lobby describing the alignment.
He described the Tigard portion of the alignment: It enters Tigard north of the Triangle
area adjacent to Highway 99W around 68th Parkway and heads south along 70th (which does
not exist today), and west at Elmhurst. It then goes over Highway 217, crossing Hunziker
Street, and then travel to the southeast side of Hall Boulevard along the existing railroad
tracks down to the terminus at Bridgeport Village.There are stations throughout; one at the
north Triangle, one at Elmhurst, one east of Hall that will serve downtown,and one
proposed at Bonita Road around 72nd Avenue. There is a station proposed at Upper
Boones Ferry at Sequoia but he said that one is likely to be dropped. There is the terminus
station at Bridgeport that could be within the Tigard city limits. Mr.Asher listed the many
times Council has received updates on this project. He summarized the three votes taken in
the City of Tigard. A Charter change added Section 52 in 2012 which says the city shall not
increase current taxes or fees for construction costs to build or expand light rail transit.
The next vote added Charter Section 53 in March of 2013 that states as a matter of policy,
the City of Tigard is opposed to high capacity transit without a public vote and outlined
what kind of information would be required to give to the voters. In November 2016
Council,in accordance with Section 53,asked the voters if they approved the SW Corridor
project. The voters narrowly said yes. This project is authorized in the City of Tigard by a
vote of the public. He noted there is a regional vote slated for November 2020 because this
project needs to raise a considerable amount of funding to get built. Tigard voters will not
necessarily determine the outcome as it is a regional vote.
Mr.Asher said the alignment shown tonight and discussed through much of 2018 is the
result of years of study, and balances hundreds of variables related to transportation
requirements,land use plans and policies and requirements at the local,regional, state and
federal level. They are further influenced by a host of best practice considerations about
how to build light rail transit, costs and federal grant competitiveness considerations. The
outcome is called the Locally Preferred Alternative (LPA)which was recommended by a
Steering Committee that Mayor Cook sits on and which was endorsed by every
participating jurisdiction. Tigard is the last to vote on this and it will be considered by
Metro formally on Thursday, November 15.
He said the LPA is not a perfect alignment and his opinion was that all the partners might
share this view because there is no perfect alignment. He said choosing an alignment is a
give and take process where net gains are balanced against adverse impacts. The impacts in
Tigard are significant,however, they should not be a surprise as they were identified early
with the initial route proposal. Staff has been insistent and constant in their advocacy and
discussions with TriMet about these concerns. As a result, an agreement was reached with
TriMet, called a Memorandum of Understanding(MOU)which is a statement of intent
about how the project will be built in the city limits of Tigard. There are still many things
we do not know about the project because it is only 5 percent designed.
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Concerns were made known to Metro and TriMet and Metro helped us get to an agreement
that will allow us to work on elements that are crucial for the overall success of the project
here in Tigard. This includes how stations and other light rail-related facilities will be sited,
a future agreement to share space in a downtown parking structure, collaborating to create
employment density near the downtown station and agreement to collaborate on improving
the non-transit aspects of our transportation system in Tigard where that transportation
system interfaces with the project (active transportation improvements,bike/pedestrian and
even road and intersection signalization improvements). A separate MOU has already been
signed by Tigard and partner agencies (Tigard,Portland,Washington County,TriMet and
Metro) to ensure the preservation and development of affordable housing along the
corridor.
Community Development Director Asher concluded by saying the issue tonight is for
Council to consider authorizing the City Manager to sign the MOU with TriMet and to
approve the preferred alignment as recommended by the SW Corridor Steering Committee
and all project partners. Staff recommendation is that Council make two motions,one to
authorize the City Manager to execute the MOU and one to adopt the preferred alternative
by motion.
C. Hearing Procedures—Mayor Cook announced that anyone may offer testimony and the
sign-up sheet is at the front of the room. He said there was a three-minute limit on
testimony.
D. Mayor Cook called upon those who signed up to testify.
Michelle Cheney, 6640 SW Redwood Lane,Tigard, OR 97224, said she is the Branch
Manager of the Portland Clinic located off of I-5 between Carmen Drive and Bonita Road.
She has been a Tigard citizen for 14 years and also serves on the Tigard Chamber of
Commerce Board of Directors. The Portland Clinic's South Branch is one of six locations
in the Portland area which total 600 employees. They are proponents of mass transit and
offer transit passes to their employees. They know that many of their 90,000 patients
depend on public transportation to get to critical care at their clinics.
She said the Portland Clinic is a member of the coalition of Tigard businesses, named the
Coalition for SW MAX Railroad Options. They became involved when they learned some
routes would force demolition of their South Branch. The loss of the building would have
disrupted medical care for 7,000 patients—many of them senior citizens living in nearby
Summerfield and King City. The ripple effects would impact many medical provider
partners in the region. The Portland Clinic supports the locally preferred alternative
approved unanimously by the SW Corridor Steering Committee. Their recommendation
includes the railroad route from downtown Tigard to Tualatin which Portland Clinic
endorses. She encouraged the Council to support the SW Corridor Plan and the LPA.
Bob Niemeyer, 13200 SW Howard Drive,Tigard, OR 97223, said he is an independent
mechanical engineer and has been in business in Tigard for 30 years. He said all he sees and
hears about from people about the light rail is that property values will jump and drive up
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housing costs. He has yet to see any project involving light rail that has not caused a
significant jump in property values and/or housing costs. He noted that there was not a lot
of high density housing on this particular route but that is usually what follows when light
rail goes in. Rents will go up and people cannot afford to live here unless there are 5-6
people sharing a small apartment. Both of his children have been through this and both
have moved home as a result. He said he does not believe that it will only cost$300 per
year and thought it would be double or triple that by the time all is said and done. He said
he was completely against this and did not see that big a benefit to Tigard. He said he
wondered what the big attraction is to get on light rail and go to Bridgeport.
Mike Strand,President and Founder of Apex Industries, 12670 SW Hall Blvd.,Tigard, OR
97223 owns a business located right where the light rail is supposed to turn a corner and run
down along the railroad tracks. He found out about this route several years ago and former
City employee Lloyd Purdy said that it would run down the railroad tracks and would not
affect his business. He said he found out weeks ago that in fact,his business would have to
go away because the building will not work anymore. This causes a huge problem for
himself and his employees. They did a search for other 50,000 square foot buildings for
lease within a ten-mile radius of Tigard and found zero. There were only two of that size for
sale. There is a shortage of industrial space and finding another location will be challenging.
Mr. Strand said ten years ago he had 30 employees and built up to 130 employees now. He
supports the local economy. He took the building when it was in a derelict condition and
has put millions of dollars into it so they could control their costs for a long period. If he
has to move,he will have to pay$15,000-16,000 monthly in rent. Moving cost will be
millions of dollars. He said he wanted to go on record that he understands why the property
was selected and why the project chose to do that,but he will be hugely and negatively
affected by this move.
Mayor Cook noted that council received some testimony through emails and letters and read
them prior to this public hearing.
Lonnie Martinez, 10540 SW Walnut Street,Tigard, OR 97223, said he is a resident and a
daily transit user. He serves on the Transportation Advisory Committee,Fanno Creek Trail
Committee and on the SW Corridor Project Citizen Advisory Committee for 18 months and
has applied to serve some more. Transportation is an economic and workforce development
issue. Many,many hours of debate, compromise and consideration were spent to get to a
consensus on the LPA. Tigard and the SW Corridor have been represented for multiple
years on this project and there has been a lot of opportunity for folks to get involved. He
said he jumped on the opportunity as a daily transit user to get to and from work and for
pleasure. It is time to move forward and approve this LPA for the future of Tigard and to
leave a legacy for future generations. It doesn't take long to look around us and see the
growth that is happening. He said he does not see space available to add more roads. He
encouraged Council to vote to allow the city manager to sign the MOU and to approve the
LPA.
Art Lewellen, 1020 NW 9th Avenue,Portland, OR 97209, said he has been an advocate for
this light rail project and is acquainted with others who dedicate their lives to building better
transit systems. He said if this project penciled out or had enough things in its favor,as
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opposed to things that are high impact,he would support it. But he cannot support it. He
stated a need to thoroughly upgrade the bus system. The busses on the road today are
obsolete and they do not convert very well to electric or hybrid electric operation.We have a
lot of money we need to invest in the bus system,both in the vehicles and the design of how
they incorporate with MAX. He said this is a priority for him and we cannot invest as much
as we are in this project with all that it has wrong. He said information coming out about
this project is few and far between and no one really knows about all the impact.
He said it could be presented before the public for a vote but they would not be voting
knowledgeably. The amount of new ridership, as he has figured,is negligible so he has
focused instead on bus rapid transit for this corridor, especially on Barbur. He did not see
Bridgeport Village as an adequate termination. The line should go to Wilsonville,at least.
He left Council some designs and transportation system information which he has also given
to Portland and Metro for a fair review. He thanked Council for their work and said he
believed if this project does not come to a halt it will be taken to court and he did not want
to see that happen.
Carine Arendes,9524 SW North Dakota Street,Tigard, OR 97223, said she was glad to see
a full house and there were more people in attendance than at many of the other public
meetings she has attended as a member of the Town Center Advisory Commission and a
member of Metro's SW Corridor Community Advisory Committee. She urged council to
support the LPA. While it may not be the ideal alignment,light rail in the SW area will
provide many benefits to our community both in the near term and 20-50 years from now.
It is too important to our future to fail to support this opportunity. It is a once in a lifetime
opportunity to invest in our community and transportation options for the SW portion of
the region. The amount of investment that can be leveraged through a federal
transportation project is unparalleled. Many desirable transportation improvements can be
completed as part of this project-Building Main Street and the Tigard Triangle,rebuilding
Hall Boulevard so it meets our community standards, fixing the Scoggins and Hunziker
intersection—these are all projects we have wanted to do for a really long time. No light rail
project or single transit project will fix congestion in our community. But what light rail will
do is give our community options. Light rail will provide an alternative to I-5 travel through
our community and is expected to shift the number of transit trips in the corridor from 9
percent to 16 percent.While light rail will not be used by everyone in the community,it will
provide more options for those that have the least choices including the young, the old,
people who do not drive or do not have access to a personal vehicle.
Ms. Arendes said the provisions in the resolution, especially in Section 13,will ensure that
this project serves the downtown, along with the Tigard Triangle and the 72°d Avenue
corridor.A lot of people across the region and in Tigard,including members of council,
have worked hard to get us to this point. She said she does not want Tigard to be left
behind, the only part of the region without light rail. She said not to let the perfect be the
enemy of the good and urged Council to vote in support of the resolution.
Craig Dirksen, 9131 SW Hill Street,Tigard, OR 97223,is the Metro Councilor for District 3
which includes Tigard. He was Tigard's mayor from 2003 to 2012,has been a resident of
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Tigard for 41 years and is the co-chair of the SW Corridor Steering Committee. This action
tonight is a milestone in a very long process that will continue after tonight. It began over
ten years ago when the City redid its Comprehensive Plan in response to the reality that the
city is going to see a population growth of 20,000 people or more over the next 20 years.
He said, "How do we cope with that kind of growth and still preserve and protect our
single-family neighborhoods that have made Tigard a great place to live." It was recognized
that better transportation choices would be needed to deal with that kind of population
growth. Road improvements are planned and have been done, about$25 million was spent
on improving Pacific Highway and improvements to I-5 southbound are underway.There
are plans to work on Highway 217 and to widen I-205 and also reconcile the bottleneck on
I-5 at the Rose Quarter. But it is recognized that those improvements are not going to be
enough to provide the transportation system that the region needs and that this city needs to
address that growth. It is recognized that the only way to get the additional capacity in
addition to those things,is through improved high-capacity transit.
Councilor Dirksen said a long evaluation process identified that light rail is the only mode
available that will provide the capacity and will continue to provide the capacity we need
over the next 20-50 years. The LPA is the result of much collaboration and compromise by
all those involved and represents the best possible route through this region with the least
amount of impact on existing development and communities. He strongly urged Council to
approve the MOU and the LPA and continue to work with TriMet going forward to make
sure the final design represents the very best it can be for the city and the region.
Roy Rogers, 155 N First Avenue,Hillsboro, OR 97123, said he has been a representative of
Washington County District 3 which includes Tigard. He said he was present to express his
and the County's support of the LPA. He thanked Mayor Cook for his work on the Steering
Committee and also council and staff for the hard work and leadership they have shown.
He said this is a difficult project and it takes a lot of courage and tenacity to deal with the
variety of issues, some of which we are still dealing with. He also applauded everyone for
looking at the future. He mentioned attending a road opening in Tualatin recently and
commented at that time that said he would not see what will happen in 30 years because of
his age,but we can all count on this light rail project being used by those yet to be born or
who have moved here.There have been many issues and compromises made by everyone.
Portland compromised on Multnomah Village and PCC. Tualatin wanted it to go to their
downtown. Tigard had to adjust as well with plans on Hunziker Street. This has huge
economic opportunities. It will increase property values. It will increase jobs. It will increase
access to Tigard's neighbors. It will increase mobility. This is a multi-modal project,
probably one of the finest examples. There is a lot more work to be done and many more
things to discuss and it needs to keep moving forward. The Washington County Board of
Commissioners approved this LPA in September and wanted the Tigard City Council to
know that they not only expressed strong support but that they want the line to go to
Tualatin. He hoped that Tigard would join its neighbors,Washington County,TriMet,
Metro,Portland, ODOT,Durham and Tualatin all have supported this as a worthwhile
project.
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Mark McGirr,President of Atiyeh Brothers Inc., 6750 SW Bonita Road,Tigard, OR 97224
said David Atiyeh is present as well. Mr. McGirr said he is Co-chair of the Coalition for SW
MAX Railroad Options.Atiyeh Brothers and the Coalition support the preferred alternative
recommended by the Steering Committee on August 13. He said the detailed and
comprehensive work of Metro,TriMet, staff of the multiple jurisdictions involved and the
Community Advisory Committee resulted in the best route, after taking into consideration
the various and diverse concerns presented along the way. He said he sincerely commended
all those involved for their part leading us to the PA. Over the last year and a half that they
have been involved in this process they have personally,and the Coalition businesses,have
learned a great deal about the multimodal transportation needs of the community and how
the extension of the MAX rail line system to serve SW Portland through Tigard to Tualatin
benefits both residents and businesses. He said he was not sure how he felt about it one and
one-half years ago but now he truly believes it serves the needs of both residents and
businesses. It is a good choice and is important for transit-oriented, and general economic
development opportunities for Tigard. He said on behalf of Atiyeh Brothers and Coalition
Members he requested that the Tigard City Council join the other jurisdiction members and
vote to support the PA.
James Caster, 7996 SW Ashford Street,Tigard, OR 97224,urged Council to vote no on the
plan for a number of reasons. The first reason is that a MAX line will not solve the traffic
congestion problem here. He said all one has to do is drive along Highway 26,Highway 84
or I-205 during rush hour. Traffic just crawls so it does not solve the problem. The second
reason is the outrageous cost,which is touching$3 billion and will undoubtedly increase
over time. He discovered that Metro wants Tigard to pay$550 million for subsidized
housing. That is a tax burden of more than$22,000 per household,not a burden he wants
to be saddled with. MAX will be subsidized forever as well as the subsidized housing that
will be built along the rail line. The third reason is the human impact. Hundreds of homes
will be demolished, forcing families to move against their will and dozens of businesses will
also be demolished and those will have to be relocated at public cost. When the MAX line
went into Gresham,violent crime spiked in Gresham and the same thing could happen here.
His fourth reason is the election results in 2014. Both Tigard and Tualatin citizens voted
against bringing MAX into their cities. The Tualatin Council listened and voted to stop
MAX at their border. But in Tigard the government did all it could to minimize that result
with a PR campaign and a smokescreen vote in 2016,which did not mention any costs that
would be incurred with subsidized housing.
Mr. Caster urged Council to vote no on this plan to prove that they respect the interests of
the people of Tigard and if Council approves the plan it shows that they are beholden to big
money and the Metro dictatorship,which will then dictate what happens in Tigard with
respect to the MAX project and leave the people of Tigard voiceless.
Teresa Dunham,Westside Economic Alliance, 10220 SW Nimbus, Suite K-12,Tigard OR
97223. WEA is a business advocacy group on the westside of the Portland Metropolitan
Region that brings together the private and public sectors to advocate for policies that will
enhance our region and help it to thrive economically. She asked for Council support in
recommending the LPA as recommended by the Steering Committee. This LPA has already
been endorsed by the other project partners in the region. The Westside Economic Alliance
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has been a longtime supporter of the SW Corridor light rail project. It is a project that has
been in the making for about ten years and she understands that Tigard has been at the table
every step of the way. She thanked the City for their collaboration with other partners.
Ms. Dunham said working together is what makes this a great place to live,work and play.
She said this is a timely decision before Council tonight and their vote can impact the
mobility of Tigard residents for decades to come. In 2016 people said yes to light rail.
People here want options when it comes to transportation. Tonight Council can affirm the
voters' decision from two years ago. She asked that there be no further delay with this
project. The population has grown significantly since we started talking about this.
Washington County welcomes 33 new residents a day or more than 12,000 per year. She said
the population of Tigard has probably doubled since she went to high school here in the
1980s. Our state needs us to move people and freight in this region. Washington County is
the economic engine of the state and we need tools to help alleviate the congestion on
highways and roads. The SW Corridor light rail project will help this and help Tigard meet
their goals in being a walkable and connected community. It will also help meet the goal of
providing residents and others access to a balanced transportation system with more
opportunities for multi-modal use. She asked Council to support our future by endorsing the
resolution.
House Representative Margaret Doherty,9370 SW Martha Street,Tigard, OR 97224, said
she was here to speak in favor of the proposal on the table. She was on the Planning
Commission for eight years and the issues brought up by light rail have all been addressed.
She is impressed with the number of meetings held with the public and staff to discuss
alternatives and this has been ongoing since 2007. She said it is very important go through
and read what is in the staff report as one thing she learned while on the Planning
Commission is that staff does a good job giving information to help with decisions. She said
staff recommends this proposal and she repeated this and urged Council to approve the LPA
and MOU. It is time for Tigard to move on and go along with everyone else in the corridor
and approve light rail.
Michael Wardwel, 10629 SW Washington Street, Portland, OR 97225, said he did not have a
comment but had a question. He has a property bordering 70th Avenue and Dartmouth
Streets. He asked what kind of span will be built there and how it will impact the bordering
properties. He asked if there was someone who could address this. TriMet staff were
available and spoke to him personally.
Elise Shearer, 9980 SW Johnson Street,Tigard, OR 97223 said she has lived in Tigard for
nearly 32 years. She asked Council to please keep the words connection and legacy in mind.
She spoke in support of the locally preferred option. This is part of the future legacy to the
next generations of Tigard citizens. She thanked Council for their active participation in
planning that has been going on for eight years. It will allow Tigard to have a more complete
and total transportation system to serve our city and the neighboring cities which have long
been travelling through Tigard adding to their traffic issues. This route will connect our
suburban citizens with faster and more efficient transportation to key educational and health
institutions such as our veterans to the VA Hospital and our students to Portland
Community College and Portland State University. Tigard businesses will have better
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connections enabling them to participate and access the metro economy and allow their
employees another option for commuting and transportation.
Ms. Shearer said transportation and housing are two huge factors in everyone's household
budget. Many of our citizens that she hears from every day at her job are being driven
further and further out of the area,trying to balance the cost of housing with longer
commutes. Ms. Shearer said she was excited about the passing of the affordable housing
bond and encourages the City of Tigard to participate in the public/private partnerships
along the SW Corridor route that will make more affordable housing in our area as
properties become available. She said the city already established a relationship with non-
profit groups and has a 100 percent success rate with these affordable housing projects. The
future station locations in the Tigard area,ranging from a possible three to six,Tigard
Triangle,all the way to Bridgeport will help to provide faster access to key essential service
locations as well as expanding employment opportunities for our citizens. She asked
Council to keep in mind that the biggest hurdles will be to enhance cross-town (east-west)
traffic flow and added transit routes to bring people to the stations and to maximize the
number of parking spaces in the park and rides that will be needed. She said she encourages
the City Council to advocate and plan for these future transportation improvements also and
truly make the SW Corridor a resounding success for our city and our citizens.
Caron Grover signed up but did not speak.
Kate Rogers, 9527 SW Brooklyn Lane,Tigard, OR 97224, said she is the Chair of the Tigard
Town Center Advisory Commission and their members have spent the last year educating
themselves on the SW Corridor and have served on the Citizen Advisory Committee,held
briefings with the staff of TriMet and Metro as well as a joint session with the Tigard
Transportation Advisory Committee. Council has a copy of their recommendations based on
that thorough look at the SW Corridor and LPA. She reinforced that the alternative along
with the Memorandum of Understanding makes this an outstanding alternative. It allows us
to link together the Tigard Triangle urban renewal district with the downtown. It increases
walkability around those stations as well as equitable business opportunities. More
importantly it provides an opportunity to increase affordable housing. She urged Council to
sign the Memorandum of Understanding and approve the Locally Preferred Option.
E. Staff response to testimony
Community Development Director Asher responded to testimony and concurred that it is
nice to have so many people here and he appreciated all the testimony. He said the opinions
are great to hear and did not have too much to respond to. He said Mr. Castor's testimony
had some opinions that came across more as facts and he was not sure of their accuracy. He
did not want to refute each one but if there were questions about housing and costs, the
appearance of crime on prior projects,past elections,Tigard's Charter,Tualatin's Charter or
any other topic he or other people present can answer them in more detail. He felt the rest
of the testimony was self-explanatory and did not require rebuttal.
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F. Council Questions
Council President Snider asked Community Development Director Asher if he had seen
the written testimony submitted by Linda Monahan suggesting a change to the MOU and
asked if this language is in the current draft MOU as he could not find it. Mr.Asher said he
could not find the words "working towards agreement." Council President Snider said
since he,Mr.Asher, and Mayor Cook did not see that language,he would move on.
Council President Snider asked about written testimony from the Crestwood Homeowners
Association and whether adjustments should be made to the description of station
connections on 68th Avenue and 99W. He said they are asking Tigard staff to work with
Portland staff. Mr.Asher said if we are being asked to collaborate so it is a safe and
convenient access for riders,he concurred.
Councilor Woodard asked when Council was told of the operations yard on the east side of
Hall Boulevard and how recently was that alignment change made. Community
Development Director Asher said they were probably made aware in 2016. Councilor
Woodard said he did not see this alignment until April or May of 2018. If anyone saw that
before that timeframe he was not included. He asked for the exact date it was presented.
Councilor Woodard said he learned of the LPA in August of 2018 at a meeting where the
Steering Committee made a recommendation to the Metro Council to approve the
preferred alternative. He said staff says we do a good job of keeping the public informed of
public meetings but there was nobody there but elected officials,board members and a few
residents and business owners, only 15 people were at that very important meeting. He did
not understand why that room was not full. He said if Mr.Asher was telling him this
alignment came to the Tigard City Council in 2016, this is a shock to him.
Councilor Woodard said he had no faith that politicians or special interests are going to stay
committed to an MOU. He asked City Attorney Rihala if an MOU has any legal bite to it
and if not,what instrument does. City Attorney Rihala replied that an MOU is not written
to be judicially enforceable but is a legally binding document in that it is a contract signed
by two parties.
Councilor Woodard said he had no doubt that in 3-10 years from today things will have
moved forward but he did not believe there was enough bite to this deal to solidify it
enough for the taxpayers. He asked again when the Maintenance&Operations Facility and
LPA changed because he did not see it. Council President Snider said he was not aware of
it until then or maybe a few weeks before. Community Development Director Asher
recounted the meetings and briefings held through 2016 and mentioned March of 2018
where a comprehensive update was held and he is very sure that it was discussed at that
session because we were very close to having an Initial Route Proposal selected. He was
unsure if this was the first moment Council heard of it Councilor Woodard said he is not
anti-rail but is anti-huge tax increase. He said he was supportive until the alignment went
"so far out of whack." This public process changed dramatically within the last six months
and for the most part, the public does not know what these changes are or how it will
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impact their environment,politically, socially or economically. They do not know it and are
in for a surprise.
Mayor Cook closed the public hearing.
H. Council Deliberation
Councilor Woodard read a statement. "This will be my last statement. I will only be at a
couple more meetings so I want to make sure I leave my historical statement documented
for this point forward. I have no doubt the SW Corridor MAX light rail preferred
alternative will be approved this evening by Council.The resolution is recommended by the
Project Steering Committee. This will pass quietly into the night and for some time and
within the next few years future council members and the public will bear the brunt of our
decisions tonight should the 2020 SW Corridor regional light rail project pass a regional
vote. And should TriMet's moral obligation within tonight's resolution fall on deaf ears
sometime in the near future, I hope that's not the case. I really don't. Because early on I
was for this,up to about six months ago,and the reason, the only reason, I ran for mayor.
I said many times eight years was enough,but this is just wrong, the way it was done. This
isn't what I signed on for and this is what I fight for. What's concerning to me tonight is
the only legal commitment I see by TriMet within this resolution can be found in Section 9
which states, `TriMet and Tigard will develop an intergovernmental agreement (that is the
legal document, that is the one with teeth), to define the scope and budget necessary for
staff participation in project activities.' That's it. That is the only legal commitment. It
does not guarantee or make a legal binding commitment to assign or fund responsibility or
accountability to meet Sections 1-8 of resolution which specifies and identifies the things
Tigard needs,materially and financially from the project,which were thoroughly identified
within a City of Tigard memorandum dated October 22,2018, and titled The SW Corridor
MAX Light Rail Project's Compliance with State-Mandated Land Use Criteria in the City of
Tigard. This is where Criteria 3 and 11 come from. These things are important and you're
not going to get those details tonight. If you weren't in previous meetings you don't know
what that is nor do you know the impact of not having those things. Most specifically,
Criteria 3 will tell you that the preferred alternative rail alignment, economic and social and
political impact,in short. And Criteria 11 is to maintain downtown Tigard as the city's
primary transit center for rail and bus,which it doesn't. So you have a disconnect at city
center and you have no connection to the downtown area. That's a problem. My no vote
tonight is based on what I determine to be a risky business deal for the City of Tigard and
taxpayers,which I believe is more likely than not to cost Tigard homeowners and
businesses dearly within the next 4-10 years for lack of a legal intergovernmental agreement
with TriMet to meet Tigard's Criteria 3 and 11 land use criteria for city master plans,land
use and city goals. These compliment the state land use goals and they are not going to do
that. By voting no tonight I hope it serves as a call to action for the new council and future
councils to hold TriMet accountable to meet our stand-mandated criteria as envisioned by
past and current hardworking staff,boards, committee and commission members and
former councilors, and without unnecessary financial harm to city services,programs and
the taxpayers. My hope for Tigard is that the next council proves my no vote wrong. I
really do. Prove it to me that I'm wrong."
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Councilor Anderson said he had no reason to think that TriMet will not comply with the
MOU. He was on the committee with staff and TriMet working on Tigard's concerns with
land use issues. He said they reached a good compromise. They negotiated and Tigard got
a very good deal. Tigard is not putting any money into this. It is adjacent to downtown
and will serve downtown. It is 5 percent engineered so we don't know exactly how the
transit center will fit into that but we have a very good planning staff here and we will
develop the downtown into a place that Tigard will be proud of.
Council President Snider said he struggled with a few criteria and to determine if this is the
best compromise he needs answers to a few questions. He said he is stake holding for city
residents and asked for the estimated additional capital expense and impact on travel time a
project west of Hall Boulevard would incur.
Mayor Cook reopened the public hearing at 7:49 pm.
Community Development Director Asher clarified that the west of Hall Boulevard station
location has long been discussed in the context of the Minimal Operating Segment (MOS).
TriMet Director of Project Development and Permitting Unsworth referred to Washington
County Commissioner Rogers' earlier comments that everyone wants it to get down to
Bridgeport Village in Tualatin and the intent of the project is to do that. The MOS is not
part of the LPA being voted on today. The MOU though, says if there is not enough
money they will look at shortening the line and having a Minimal Operating Segment that
stops in Tigard. TriMet will work collaboratively with the City of Tigard to form a
recommendation that would go to the Steering Committee. He said the question is why we
would not want to turn north and cross on the west side. There are similar impacts, the line
would go up and over the railroad at 23.5 feet from the bottom of the rails to the bottom of
the structure, coming up over Hall Boulevard and impacting the City Hall buildings and
probably not landing until after Ash Avenue. So we would be going out of direction and
adding probably$80 to$100 million in cost. It does not set things up well to eventually go
on south to Tualatin.The Steering Committee said it is important to go to Bridgeport but
the project may be phased and the environmental impact statement will have an MOS
statement as required by federal partners. It would add six minutes of additional travel
time.
Mayor Cook closed the public hearing at 7:52 p.m.
Council President Snider commented that we've been at this for years and have had the
details for months. He said he doesn't love it but the question we always have to ask is,
"Can I live with it?" and from that standpoint he is supportive of the project, satisfied with
answers he just received and prepared to act.
Councilor Goodhouse said there were different public votes and for the first ballot measure
he gathered signatures so Tigard residents could have a vote. On the third vote he was on
the council and stayed silent so he could get a true feel from the voters. It did barely pass
so he takes the will of the voters into account. There was more of a process in Tigard than
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in other cities and the Charter changes have made a difference as far as the citizens having a
say in it and the funding. He said he has stayed true to making sure Tigard is not putting
any money into it except for staff time as stated in the agreement. He noted that comments
were made tonight on enforcing the MOU with TriMet and said that the MOU will be
entered into the Federal Transportation Agency and if TriMet does not follow through,
Tigard can go to the FTA to affect or stop the project.
Council President asked if language needed to be added to the resolution about
collaborating with Portland on the Crestwood neighborhood issues. Community
Development Director Asher said the MOU is specific to Tigard and TriMet and the design
of the project in Tigard. But this is a non-controversial item not requiring a side agreement
with TriMet. He said Tigard will be collaborating with Portland on the north and Tualatin
on the south.
Mayor Cook agreed there are no perfect alignments. This is a negotiation and we have to
move forward. Tonight is not a vote on light rail or not;it is a vote on the LPA. There are
many things we will still fight for such as walkability around all stations or better bus
service. We will continue to work with other entities to improve connections between
Hillsboro and Tigard, for example.With the number of people coming here congestion will
increase. This doesn't solve the congestion but will reduce the increase.
Mayor Cook said his second point is that citizens can make a change. Looking over his
years on this committee,he remembered a time ten years ago where, as a representative of
the Tigard Chamber of Commerce,they got on a TriMet bus at the Tigard Water District
Building and toured the corridor. He said, "Ask anyone along I-5 alignment or the
Portland Clinic and other medical offices if their speaking to the committee made a
difference.Ask the ballroom dance company if their communication made a difference.
Ask the business owners on Beveland Street.Ask any low-income housing advocate in areas
near our downtown if their advocacy made a difference. It did." It isn't the best alignment,
but it is the best we could come up with. Because other citizens spoke up it caused the
alignment to change. He noted that Council President Snider often states that we better
have a darn good reason to not follow through with a city board or committee
recommendation.And committees such as the Tigard Transportation Advisory Committee
and the Town Center Advisory Commission both asked Council to unanimously approve
this which carries a lot of weight.They are not staff,TriMet,Metro or Washington County;
these are our citizens, and they are asking us to approve this. He said this is why he will be
voting for this.
Council President Snider moved to authorize the City Manager to sign a Memorandum of
Understanding (MOU) with TriMet for the SW Corridor MAX light rail project. Councilor
Anderson seconded the motion.
In response to a question from Councilor Goodhouse, City Manager Wine said she will sign
the agreement tonight and it will be delivered to TriMet for signature tomorrow.
Mayor Cook conducted a vote and the motion was approved by majority vote.
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Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Council President Snider moved to approve Resolution No. 18-47 approving the Preferred
Alternative alignment as recommended by the Project Steering Committee and endorsed by
the project partners. Councilor Anderson seconded the motion.
City Recorder Krager read the number and title of the resolution.
Resolution No. 18-47—A RESOLUTION APPROVING A PREFERRED
ALTERNATIVE ALIGNMENT FOR CONSTRUCTING THE SOUTHWEST
CORRIDOR LIGHT RAIL PROJECT IN THE CITY OF TIGARD, as
recommended by the Project Steering Committee and project partners
Mayor Cook conducted a vote and the motion passed by a majority vote.
Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider V
Councilor Woodard ✓
3. EXECUTIVE SESSION None Scheduled.
4. NON-AGENDA I'1'LMS None
•
5. ADJOURNMENT
At 8:03 p.m. Councilor Goodhouse motioned for adjournment. Councilor Anderson seconded
the motion and Mayor Cook conducted a vote. The motion to adjourn passed unanimously.
TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018
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Yes No
Councilor Anderson ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Carol A. Krager, City Recorder
Attest:
John L. Cook, Mayor
Date
TIGARD CITY COUNCIL MEETING MINUTES —November 13, 2018
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1111 ,, City ofTigard
Tigard City Council Meeting Minutes
TIGARD November 20, 2018
. BUSINESS/WORKSHOP MEETING
A. At 6:32 p.m. Mayor Cook called the city council meeting to order.
B. Deputy City Recorder Burgoyne called the roll.
Name Present Absent
Councilor Woodard
Councilor Anderson
Mayor Cook
Councilor Goodhouse
Council President Snider
C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance.
D. Call to Council and Staff for Non-Agenda Items—City Manager Wine stated there was a
citizen comment sheet for people to sign up to speak on at the front of the room.
2. CONSENT AGENDA: (Tigard City Council
A. PROCLAIM SMALL BUSINESS SATURDAY:
Councilor Goodhouse moved to approve the Consent Agenda as presented. Councilor Anderson
seconded the motion and Mayor Cook conducted a vote. The motion passed unanimously.
Name Yes No
Councilor Woodard(absent)
Councilor Anderson
Mayor Cook
Councilor Goodhouse
Council President Snider
B. CITIZEN COMMUNICATIONS:
TIGARD CITY COUNCIL MEETING MINUTES — November 20, 2018
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Roy Rogers,Washington County Commissioner, said Commissioner Andy Dyke wished he could
also be here,but unfortunately had other obligations. He presented Mayor Cook with a plaque of
appreciation,talked about how long the two have known each other and how their relationship had
grown over the years. He thanked Mayor Cook for his service.
Linda Monahan, 10248 SW Kent Court,Tigard, OR 97223,addressed the upcoming council vacancy
and said the process for this needs to be a transparent one and one that is done in a public meeting
so the public could be present and hear from potential candidates and needs to be done by the
incoming 2019 city council. She stated that she would not be a candidate for the two-year vacancy.
Toraj Khavari, 13293 SW Woodshire Lane,Tigard, OR 97223, said the Friends of the Bull Mountain
Park would like to gift the city the ORPA Volunteer Service Award that Bull Mountain Park
received for the nature play area. He said this was achieved because of business and community
working together and thanked the city council for their support and said they could not have
achieved this without their help.
Mayor Cook said the city could not have done it without the Friends of the Bull Mountain Park as
well and thanked them for all their hard work.
3. CONSIDER APPOINTMENT OF TIGARD TRANSPORTATION ADVISORY COMMITTEE
MEMBERS
Sr. Transportation Planner Roth presented this item. New Transportation Advisory Committee
members in attendance included: Richard Keast,Holly Koontz,Lonnie Martinez, and Carl Fisher
Councilor Anderson moved to approve Resolution No. 18-48. Council President Snider seconded
the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Mayor
Cook conducted a vote and Resolution No. 18-48 passed unanimously.
Resolution No. 18-48—A RESOLUTION REAPPOINTING LONNIE MARTINEZ AS A
VOTING MEMBER,APPOINTING CARINE ARENDES,CARL FISHER,AND RUTH
HARSHFIELD AS VOTING MEMBERS AND APPOINTING RICHARD KEAST AND
HOLLY KOONTZ AS NON-VOTING AL I ERNA I'L MEMBERS OF THE TIGARD
TRANSPORTATION ADVISORY COMMII'IEE
Name Yes No
Councilor Woodard(absent)
Councilor Anderson
Mayor Cook
Councilor Goodhouse
Council President Snider
4. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD
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PW Division Manager (Parks &Recreation, Streets, Green Team) Martin presented this item.
Members of the PRAB in attendance included:Wayne Gross, Claudia Ciobanu,Darlene Dick, Sean
Ernes, Scott Winkels and Dave Brown.
PRAB member Gross said that as part of Council's Goals in 2017, they decided to expand recreation
opportunities,and as committee members that fully support this council goal,they have been
working on this. He agreed that recreation is an essential city service and contributes to the quality
of life in the community and maintaining and expanding on this has been their single highest
priority. He explained that recently the program has been unstable because of budget cuts and the
loss of a full time staff person. He requested that in January, once the new council is on board, that
council have a large discussion about the recreation program, filling the staff position, and making
funding the recreation a priority for the New Year,or else, the committee fears they will lose an
entire year without any recreation programs for the community. He said the current state of
recreation is unacceptable and that one way to remedy the funding issues would be to increase the
Park and Recreation Fee.
PRAB member Ciobanu said losing Anthony Markey was a loss to the program and said she would
like to see the previous good work continue. She stated there is a need to work on having trust from
the public, especially if they continue the program,because it is hard to imagine Tigard without a
solid park and recreation program. •
PRAB member Winkels added that of all the programs lost so far, the one that people have really
felt is the after-school program. He urged council to support a increasing the Park and Recreation
Fee.
Council President Snider asked Mr. Gross if there were to be an increase to the Parks and
Recreation Fee,if he would like to see that go specifically to recreation. Mr. Gross replied yes.
Councilor Anderson thanked the board for the good job they have done this past year and said
council is in favor of continuing the recreation program and promised they would look at this in the
new year. Council President Snider and Councilor Goodhouse agreed.
Mayor Cook said for the most part he agrees with everything that has been said. He understands the
timing concern. However, this is a budget discussion issue and it is difficult to discuss fees prior to
the budget committee discussion in April. He said the problem with just raising the Parks and
Recreation Fee an additional$1.50 per household is that it could hurt any future chance of voters
approving a levy.
Mr. Gross said the board is concerned about the city being able to keep the recreation program
going and for it to be financially stable now and in the future.
PRAB member Dick said the good thing about increasing the Park and Recreation Fee is that it
could be designated for recreation only.
Mayor Cook recommended the incoming city council look at sending a separate levy to the voters
that focused just on the parks and recreation program.
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Mr. Gross said the second issue of concern the board has is with park maintenance. He explained
there have been a number of properties the city has acquired through the parks bond and new
developments like the River Terrace Park and proposed downtown plaza, the board is concerned
about increasing park maintenance demands. He said the board does not have any suggestions on
how to approach this, but want to get this on Council's radar.
Mayor Cook agreed. He said people ask him all the time why the city continues to acquire land
when they cannot take care of the land they currently have.
Council President Snider stated this issue has been one of the concerns that has plagued council
since he took office,and said he would like to continue these types of dialogues and not to give up.
Ms. Ciobanu said Tigard is not the only entity that struggles with this problem,and understands how
difficult it is balancing all of the city's priorities.
Ms. Ciobanu talked about the money received from the Transient Lodging Tax last year, the board's
discussion on how to use this money wisely so that they fulfill the tourism requirements that come
with the money and how the board does not feel that existing city facilities support tourism
activities. She said the Lasich property would be ideal for sports fields, similar to what the City of
Hillsboro has or even a facility that could be rented out.
Mayor Cook said he likes their suggested use and property selection.
Council President Snider asked if staff has given any thought to this. Mr. Martin said they have not
thought a lot about this,but that something like this would require less overall maintenance.
Councilor Anderson said that as council liaison to the Parks and Recreation Board,he has been
privy to their discussions, and said that something like this would take a couple of years to complete,
so they may want to look at some smaller projects in the meantime. Ms. Ciobanu agreed.
Mayor Cook thanked the board for volunteering and all their hard work. He appreciates their
efforts.
5. QUARTERLY CAPITAL IMPROVEMENT PLAN UPDATE
City Engineer Faha presented this item, explained the process and briefed council on current
projects, discussed the status of parks projects, streets projects,water projects, sanitary sewer
projects stormwater projects and whether each are currently on budget and schedule,and if they will
need long-range park maintenance. She discussed other projects like the American with Disabilities
Act (ADA) Transition Plan, the Public Works facility and yard,and showed pictures of projects near
completion along the Fanno Creek Trail.
Council President Snider asked about the adaptive signals project on Upper Boones Ferry Road.
Ms. Faha said they found they have to do some improvements but not a lot and she expects the rest
to be in place within the next year.
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Councilor Goodhouse asked about the water pipes located on 1215`Avenue and if there needs to be
any improvements down the road with water from the Willamette. Ms. Faha explained they are
looking at current and future growth, and that at some point in the future we will require additional
water and water resource.
Mayor Cook recused himself from the following discussion,wished everyone a Happy Thanksgiving
and turned the meeting over to Council President Snider.
6. CONSIDER CITY COUNCIL VACANCY APPOINTMENT PROCESS
Council President Snider introduced the item and invited Councilor-Elect Liz Newton to join
council at the table for the discussion.
City Manager Wine presented this item and said staff was presenting this tonight so that council
could discuss and open the application process to fill the two-year vacancy that will be available at
the end of this year. She explained that earlier in the year council discussed the alternatives and
received public comments on how to proceed with the pending vacancy. At the time, council chose
to fill the vacancy by appointment with the selection to be made by the 2019 council,and said that
all of the deliberations about the open council seat would be made during a noticed council meeting
and would be open to the public. She said the process is entirely up to council, and if they were to
open the application process now,an appointment could be made as early as possible, once the 2019
council took office. She said staff is looking for guidance to declare the seat vacant at the end of the
year,identify a process for opening up the application process, direct staff to notice the application
process,discuss the kinds of questions council would like to see on the application, and how to
proceed with candidate interviews.
Council President Snider said he submitted a draft proposal earlier and that the proposal is simply
his thoughts and asked council for input.
Councilor Anderson said he would like to go along with staff's recommendations and act as soon as
possible in 2019.
Councilor-Elect Newton agreed and said it is important to make the process as detailed as possible
so the public understands what is going on and when. She is pleased to see there is some emphasis
given to the city's financial situation in the suggested questions and that the process be detailed, clear
and done in a public forum.
Council President Snider stated that while he wants this to be a public process he would like to have
each candidate answer questions from council separately and in a way where each of them did not
hear the others answers.
Councilor Goodhouse said the application process should be very detailed and in the form of essay
questions,along with a resume and a question that is specific to the city's budget and police safety.
Council President Snider said his proposed questions are intended to show a candidates thought
process and ability to make complex decisions.
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Councilor Goodhouse suggested including the time requirements required of a city councilor in the
application.
City Manager Wine said Council President Snider's proposal could act as a foundation, the
application could include one to two screening questions and then each councilor could include a
separate question during the interview stage.
Council President Snider suggested having three screening questions on the application for
candidates to answer.
Councilor-Elect Newton agreed that having three screening questions on the application is a good
idea,and having one question that asks candidates what they think the primary issue is that council
faces. She also agreed with Council President Snider's suggested question about Measure 5 and 50
and what the city's role is in addressing these and what the impact is to the city.
Councilor Goodhouse agreed.
Council discussed the interview structure, selection process for interviewing candidates,selecting
three to four candidates from the application process to interview and time limits for interviewing
each candidate selected. Council agreed an appropriate timeframe for interviewing each candidate
should be forty-five minutes and that each member of council have two questions for each
candidate during the interview process. Council discussed whether they should bring their two
questions on the evening of the interview or if they should submit their questions prior to staff to
include with the agenda packet.
City Manager Wine said in order to have council questions published with the agenda for the
interviews at their January 15,2019 meeting, council would need submit their questions to staff by
January 8.
Councilor-Elect Newton said she is not sure how firm they want to be on the number of candidates
they select to interview.
Council President Snider said they could choose to interview more than three to four candidates,
depending on how many applications they receive.
Councilor Goodhouse asked the city attorney if there is any legal problems if council does not
publish their questions prior to the interviews. City Attorney Rihala replied that as long as council
did not coordinate their questions in advance, and they asked each candidate the same question,
there would be no problem.
City Attorney Rihala explained that once the questions are submitted, someone could request a copy
of the questions through a public records request.
Councilor-Elect Newton said she does not have a problem with that or with people knowing the
questions in advance.
Councilor Anderson agreed that candidates should have the questions in advance.
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Council agreed after discussion to submit questions prior to the interview and to have them
published with the packet.
Ms. Wine explained what staff heard from council: to use Council President Snider's submitted
proposal,including the timeline and for each councilor to submit two interview questions by January
2 so they can be published with the agenda material for the meeting on January 15 when council will
conduct forty-five minute interviews with each of the candidates selected.
Council President Snider said he was worried about having enough time and asked council if they
wanted to allow candidates to ask council questions.
Councilor Anderson asked the City Manager if this was the only agenda item scheduled for this
meeting. Ms. Wine replied yes.
Councilor-Elect Newton said she would give up one of her questions so there is enough time for
candidates to ask council a question.
Council President Snider asked if council wanted to ask one question each due to time restraints.
City Manager Wine suggested each councilor submit two questions prior and ask only one of the
questions submitted during the interviews. She confirmed they would need to ask each candidate
the same question. Ms.Wine said there is a step that needs to happen at the January 8 council
meeting where council needs to select the finalists.
Council President Snider agreed that on January 8 council would need to deliberate and agree on
which candidates they will interview on January 15. •
City Attorney Rihala asked what process they would use to select candidates to interview. Will they
be deciding by consensus or ranking candidates by their top priorities.
Council President Snider said they would deliberate based on the quality of the applicants they
receive.
Councilor Anderson suggested ranking the applicants. Council agreed.
Council President Snider suggested each councilor come to the January 8 meeting with their top ten
candidates.
Councilor Anderson moved for approval to declare a city council seat vacancy as of December 27,
2018,open a process to accept applications to fill council vacancy and direct staff to make
immediate public notification of the vacancy and application process. Councilor Goodhouse
seconded the motion. Motion passed by a unanimous vote.
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Name Yes No
Councilor Woodard(absent)
Councilor Anderson
Mayor Cook
Councilor Goodhouse
Council President Snider
7. NON AGENDA ITEMS—None.
8. EXECUTIVE SESSION None.
9. ADJOURNMENT
At 8:17 p.m. Councilor Anderson moved to adjourn the meeting. Councilor Goodhouse seconded
the motion. Motion passed by a unanimous vote.
Name Yes No
Councilor Woodard(absent)
Councilor Anderson
Mayor Cook
Councilor Goodhouse
Council President Snider
Kelly Burgoyne,Deputy City Recorder
Attest:
John L. Cook,Mayor
Date:
TIGARD CITY COUNCIL MEETING MINUTES —November 20, 2018
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AIS-3675 4.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): 5 Minutes
Agenda Title: Contract Award - Fanno Creek Trail Alignment Study
Prepared For: Joseph Barrett Submitted By: Kelly
Burgoyne,
Central
Services
Item Type: Motion Requested Meeting Type: Local
Contract
Review
Board
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the Local Contract Review Board award a contract for the city's Fanno Creek Trail
(Bonita Road to Tualatin River) alignment study to GreenWorks, PC?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Local Contract Review Board award the contract for the city's Fanno
Creek Trail (Bonita Road to Tualatin River) alignment study to Greenworks, PC in an amount
not to exceed $148,225 and direct the City Manager to take the steps necessary to execute the
contract.
KEY FACTS AND INFORMATION SUMMARY
The city needs to hire a consultant to assist with development of a preferred alignment of the
Fanno Creek Trail between SW Bonita Road and existing trail terminus at the Tualatin River.
The Fanno Creek Trail is the main north-south walking and cycling route in this part of the
Metro area, and is the parallel walking and cycling route to Interstate 5 and OR 217. It is a
Regional Trail in Metro's Regional Transportation Plan Regional Pedestrian and Bicycle
Networks. However, its effectiveness as a transportation facility is significantly reduced by
the many gaps and substandard areas of the trail in Tigard.
This project will select the alignment and complete preliminary design/cost estimates of the
final missing link. This will position the City to seek finds for final design and construction to
connect all portions of the existing Fanno Creek Regional Trail and provide a safe,
comfortable, enjoyable, and reasonably direct travel experience for community members who
see walking or cycling as a viable transportation option in this area.
The city issued a Qualification-based Request for Proposal (QBS) for the services in late
October. The city needed to use a QBS process for this project as engineering services, a
significant portion of the needed work, is covered by the city's and state's QBS process. Upon
closing in mid-December, the city received proposals from four firms:
• GreenWorks, PC
•Alta Planning + Design
•Parametrix
•Shapiro Didway LLC
A staff selection team reviewed and scored the proposals based on the criteria detailed in the
QBS packet (which excluded price under QBS rules) and found GreenWorks, PC to be the
most qualified for the work. Staff entered into negotiations with GreenWorks for the work
and the sides were able to agree on a complete scope and price of$148,225. Staff is
recommending GreenWorks, LLC receive the city's contract for the work not exceeding this
amount.
OTHER ALTERNATIVES
The Local Contract Review Board may reject this award recommendation and direct staff to
rework the scope of services and resolicit for the work.
COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS
DATES OF PREVIOUS CONSIDERATION
This is the first time the Local Contract Review Board has discussed this potential contract.
Fiscal Impact
Cost: $148,225
Budgeted (yes or no): Partial
Where Budgeted (department/program):Transportation CIP
Additional Fiscal Notes:
In the FY 2019 First Quarter Supplemental, appropriations of$110,000 were allocated for
this contracted services for this project in the Transportation CIP Fund. In addition, staff
will ask for $55,000 to complete the work in FY 2020.
Attachments
No file(s) attached
e ..
AIS-3687 5.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): 10 Minutes
Agenda Title: Resolution to Delegate Authority to Hold a Public Meeting on
Affordable Housing
Prepared For: Schuyler Warren, Community Development
Submitted By: Schuyler Warren, Community Development
Item Type: Motion Requested Meeting Type: Council
Resolution Business
Meeting -
Main
Public Hearing: No Publication Date:
Information
ISSUE
Shall City Council delegate to Tigard Community Development Department staff the
authority to take all necessary and reasonable actions to hold a public meeting in compliance
with HB 4006, OAR 813-112-0030, and the City's HB 4006 grant obligations?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends adoption of the resolution to delegate authority to hold a public meeting
on affordable housing.
KEY FACTS AND INFORMATION SUMMARY
Background
In its 2018 regular session, the Oregon State Legislature passed House Bill 4006. This bill
includes several provisions related to affordable housing in cities with populations over 10,000
and with more than 25% of their households rent-burdened, including:
1. Requirement to complete an annual survey on affordable housing strategies.
2. Requirement to report annual housing and affordable housing production totals to the
Department of Land Conservation and Development (DLCD).
3. Requirement to hold a public open house to discuss causes and consequences of severe
rent burdens within the city, the barriers to reducing rent burdens and possible solutions.
4. Allocation of funds to DLCD to provide technical assistance to cities in increasing
housing affordability.
Items 1 and 2 — the annual survey and report to DLCD —will be submitted by the
Community Development Department.
City of Tigard Grant Submittal
The city was awarded a grant under Item 4 to create an Affordable Housing Plan. The city is
not required to provide any match for this grant, and no funds move through the city; the
consultant is paid directly by DLCD.
Work Plan and Schedule
The work plan for this grant includes holding a public open house to discuss affordable
housing opportunities and barriers, which will fulfill the requirements of Item 3 above. Due to
time constraints and the delay in receiving a completed MOU for grant work, the required
public meeting will be held in early 2019.
Staff is working with local housing providers and advocates, the consultant, and others to
organize a resource fair and public open house at St. Anthony's to inform the public about the
kickoff of the affordable housing work, to solicit feedback, and to fulfill state requirements
and the terms of the grant MOU.
The administrative rules allow the City Council to delegate authority for a public meeting to
discuss affordable housing under OAR 813-112-0030. Staff seeks Council approval to
delegate this authority to the Community Development Department in order to combine all
required meetings and ensure that the public has adequate opportunity to provide input on
the work.
Work Product
A preliminary background report will be completed by early 2019. This document will form
the basis for further work in recommendations and proposed policy directions.
The final work product of the grant will be an Affordable Housing Plan. This document will
be ready for the Council to consider adopting in June 2019. Final adoption is not mandatory
under the terms of the grant.
OTHER ALTERNATIVES
Alternatively, Council could opt to decline to delegate authority and hold a separate meeting
on affordable housing during a regular Council session. The public open house would still
occur under the terms of the grant.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Council Goals
Issues for Further Council Discussion and Policy Direction:
Affordable Housing: consider additional program or policy initiatives
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
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Attachments
Resolution
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 18-
A RESOLUTION TO DET EGATE TO TIGARD COMMUNITY DEVELOPMENT DEPARTMENT
STAFF THE AUTHORITY TO TAKE ALL NECESSARY AND REASONABLE ACTIONS TO HOLD
A PUBLIC MEETING IN COMPLIANCE WITH OREGON ADMINISTRATIVE RUT F 813-112-0030
AND THE CITY'S 2018-19 OREGON HOUSING NEEDS PLANNING GRANT OBLIGATIONS
WHEREAS,House Bill 4006,passed in 2018,designates a severely rent burdened city as one where at least 25
percent of the renter households spend more than 50 percent of their household income on gross rent for
housing;and
WHEREAS,the City of Tigard meets the definition of a severely rent burdened city;and
WHEREAS, Oregon Administrative Rule 813-112-0030 requires that severely rent burdened cities must
annually hold a public meeting on the causes and consequences of severe rent burdens within the city, the
barriers to reducing rent burdens, and possible solutions to reduce the rent burdened households within the
city;and
WHEREAS, the City was awarded a grant from the Depattinent of Land Conservation and Development,
funded by House Bill 4006,to develop an Affordable Housing Plan;and
WHEREAS, the terms of this grant require the city to hold two public meetings on the topic of affordable
housing and
WHEREAS,the Council desires to combine these efforts in order to maximize the impact of each;and
WHEREAS, the Council will be informed of the results of the public meeting through the Affordable Housing
Plan and report by no later than June 30,2019.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Council delegates its authority under OAR 813-112-0030 to hold an annual public
meeting on affordable housing to Tigard Community Development Department staff.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of 2018.
RESOLUTION NO. 18-
Page 1
Mayor-City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 18-
Page 2
AIS-3663 6.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): 40 Minutes
Agenda Title: Joint Meeting with the Tigard Budget Committee
Prepared For: Toby LaFrance Submitted By: Kelly
Burgoyne,
Central
Services
Item Type: Update, Discussion, Direct Meeting Type: Council
Staff Workshop
Mtg.
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Update Budget Committee on process leading into FY 2019-20 budget meeting.
STAFF RECOMMENDATION / ACTION REQUEST
Staff will be seeking feedback regarding City Manager Marty Wine's budget direction,
departmental budget instructions, and the proposed schedule for the budget process.
KEY FACTS AND INFORMATION SUMMARY
Staff are actively working on their FY 2019-20 budgets. They received the City Manager's
budget direction and instructions and are working on their requested budgets. The agenda for
the joint Budget Committee meeting is as follows:
1) Review of Tigard's 2-year budget plan, status of the plan, and presentation of budget
direction from City Manager Marty Wine.
2) Summary of instructions given to departments in order to comply with City Manager
Wine's direction.
3) Review of the budget calendar.
The primary direction needed in the meeting are:
A) Endorsement of Tigard's budget plan and direction.
B) Verification that the budget instructions meet the City Manager's and Committee's needs.
C) Guidance on how to make the proposed change to a single budget committee meeting
successful.
OTHER ALTERNATIVES
Budget Committee may choose to change direction on the city's budget plan and request that
staff prepare a different budget than currently envisioned.
COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS
DATES OF PREVIOUS CONSIDERATION
Budget Committee last met on May 29, 2018
Attachments
Budget Process Calendar FY 19-20
FY 2020 Budget Calendar - Updated: 12/5/2018
ACTIVITY Lead START END NOTES
Budget system open to department staff FIS 11/21/2018 11/21/2018 Dependent on getting staff info from HR
Department/CIP Budgets due to Finance All Departments 01/31/2019 01/31/2019 Changes in the budget system made by FIS staff after this
date.
Department texts and measures and performance All Departments 02/14/2019 02/14/2019
measures due
Proposed Budget Decisions Finalized FIS/CM 03/25/2019 03/25/2019 All policy decisions finalized. Dollar changes may be needed
to fulfill policy decisions. Departments/CIP will be contacted
as needed. Work on document starts.
Proposed Budget Documents to Budget Committee FIS 04/25/2019 04/25/2019
Optional Budget Committee Training FIS/Committee 04/25/2019 04/25/2019 Budget Law,Tigard Funds,Budget Document Orientation
Budget committee submit questions/white paper Committee 04/25/2019 05/08/2019 i Line item detail questions and/or potential white paper topic
topics to FIN questions submitted for discussion at the budget committee
meeting.
Budget Committee approves City Budget w/CIP FIS/CM 05/18/2019 05/18/2019 If needed,committee can meet on evening of Thursday May
23rd
Council adoption of FY 2020 Budget including CIP FIS 06/11/2019 06/11/2019 If budget approval is after May 18,budget adoption will be
on June 25th
Page 1 of 1
CITY O F T I G A R D
Respect and Care I Do the ARD Right Thing I Get it Done
5
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Budget Process
v, w
Budget Committee I December 18, 2018
CITY OF TIGARD
Framework Themes
Tigard is:
Financially Stable
Resource Constrained
Service Level Challenged
c: ITY OF TIGARD
Current FY 2018-2019 Budget
Approved after defeat of Local Option Levy
Implements 1st Year of 2-Year Service Cuts
► Created Service Level Reserve
CITY OF TIGNRD
Looking Ahead to FY 2019-20 Budget
2"d year of cuts be less due to actions of staff,
Budget Committee, and Council
Budget pivots to remaining services, CIP,
performance audits
Work towards a more focused Local Option
Levy
CITYOF TIGARD
Summary of Budget Instructions
General Fund services have status quo budgets
Each department submits $ 100K General Fund
cuts. This will be used to propose needed
$400K in cuts to General Fund Services
Non-General Fund services are constrained by
long-term revenues and can request changes
to keep up with community demands.
Budget Calendar
Propose one Budget Committee Meeting on
Saturday May 18
Added time for Budget Committee members
to submit questions prior to meeting
Second meeting can be held, if needed .
CI1Y OF TTG \ RI )
Budget Committee Guidance
Endorsement of Tigard 's budget plan and
direction
Agreement that the budget instructions meet
Committee's needs
Guidance on how to make a single budget
committee meeting successful .
AIS-3594 7.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): 30 Minutes
Agenda Title: External Financial Audit & CAFR Presentation with Moss Adams
Prepared For: Jared Isaksen, Finance and Information Services
Submitted By: Liz Lutz, Finance and Information Services
Item Type: Update, Discussion, Direct Staff Meeting Type: Council
Workshop
Mtg.
Public Hearing: No Publication Date:
Information
ISSUE
Present to the City Council the Comprehensive Annual Financial Report (CAFR) along with
other related communication and results from the external financial audit for the city and the
Tigard Town Center Development Agency for the fiscal year ending June 30, 2018. The
presentation may include recommendations for opportunities for improvement noted by
Moss Adams during the course of the audit.
STAFF RECOMMENDATION / ACTION REQUEST
No action required. Management, and the external auditors from Moss Adams will present
the CAFR and results from the audit to council.
KEY FACTS AND INFORMATION SUMMARY
Oregon Revised Statues 297.425 requires that every city publish a complete set of financial
statements presented in conformity with accounting principles generally accepted in the
United States of America (GAAP) and audited in accordance with auditing standards generally
accepted by a firm of licensed certified public accountants.
Moss Adams, the city's external audit firm, performed an audit of the city's financial
operations for fiscal year ending June 30, 2018. They reported their findings to the Audit
Committee on December 11, 2018. Their reports are included in the city's Comprehensive
Annual Financial Report (CAFR) and the TCDA financial report, which will be finalized and
delivered to the Council on December 13, 2018. Moss Adams will provide an overview of
audit procedures performed and highlight areas with opportunities for improvement or best
practices.
Additionally, the city's Comprehensive Annual Financial Report was submitted to the
Government Finance Officers' Association for their Excellence in Financial Reporting
Certificate program.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
No file(s) attached.
SUPPLEMENTAL FOR ►alts r8
PACKET
-
(DATE OF MEETING)
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CityTigardof
Fiscal Year 2018 Audit Results
Council Presentation
December 18, 2018
Nature of Services Provided
• Independent Auditors' Report on the financial statements of the City of Tigard and for
the Town Center Development Agency (a component of the City of Tigard)
• Report of Independent Auditors on Internal Control Over Financial Reporting and on
Compliance and Other Matters Based on an Audit of Financial Statements Performed
in Accordance with Government Auditing Standards
2 • Report of Independent Auditors on Compliance for the Major Federal Program and
Report on Internal Control over Compliance as Required by the Uniform Guidance
• Report of Independent Auditors' on Internal Control Over Financial Reporting and on
Compliance and Other Matters Based on an Audit of Financial Statements Performed
in Accordance with Oregon Minimum Audit Standards
0 Audit Opinion/ Reports
Government Oregon
Financial Auditing Minimum Audit Single Audit
® Statements Standards Standards Report
Report Report
3
Unmodified —1 ) findings
3 findings noted
No findings g No g
(clean) opinion Timeliness of
on financial posting budget
statement meeting notice
2) over-expenditure
in URA fund
3) Fund deficit in
URA fund
Required Communication
Auditor's responsibility under auditing standards
Significant accounting policies
Management judgments & accounting estimates
Audit adjustments — see following slide
Management's consultation with other accountants
No disagreements with management
No difficulties in performing the audit
Audit observations and recommendations — No material
weaknesses noted — discussed with audit committee
Required Audit Communications
Audit Adjustments Amount
To correct accrued interest for the prior year's accrued $2.3 million
interest that was not reversed
To correct capital assets for right-of-way assets
recorded using the incorrect amount of square- $1 .3 million
footage, which was not updated from the prior year
Passed Adjustments Amounts
To record a loss on refunding — 2011 library refunding $321 ,000
bonds
To recognize donations received as revenue $185,000
Findings and Best Practices
BEST PRACTICES — Discussed with Audit Committee
• Utility billing — Key Recommendations
• Review to ensure only approved rates are entered into the system
• Work orders — Key recommendations
• Review right-of-way worksheet to ensure square-footage amount is
accurate and properly supported
6
• Lake Oswego Tigard Water Partnership
• Recommend establishing a governing agreement to clearly stipulate
ownership of the assets, responsibilities for future maintenance and repair
costs, etc.
Acknowledgements
Thank you Toby LaFrance, Jared Isaksen, Amy Lawson, and
their staff for their excellent facilitation of the audit process.
The audit progressed on time and in an orderly fashion; all requested
schedules and draft financial statements were received on a timely basis.
All personnel across all departments were courteous, responsive, and
fulfilled all our requests in a timely manner.
'Tone at the Top' and attitude from management was one of helpfulness,
candor, and openness in response to audit requests and discussion points.
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AIS-3669 8.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): 60 Minutes
Agenda Title: Consider a Long-term Water Service Agreement with the
City of Durham and the Tigard Water District
Prepared For: Marty Wine Submitted By: Carol
Krager,
Central
Services
Item Type: Motion Requested Meeting Type: Council
Resolution Workshop
Mtg.
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the Tigard City Council adopt a resolution approving a new intergovernmental
agreement with the City of Durham and the Tigard Water District for the longterm provision
of water?
STAFF RECOMMENDATION / ACTION REQUEST
Adopt the resolution approving the new intergovernmental agreement.
KEY FACTS AND INFORMATION SUMMARY
The cities of Tigard, Durham and the Tigard Water District (TWD) have been parties to an
intergovernmental agreement (IGA) related to the provision of water and the disposition of
certain water system assets within the Tigard Water Service Area (TWSA) since 1993. That
IGA is set to expire on December 31, 2018. The three parties have been negotiating a new
IGA for several years and have reached agreement as to new terms and are ready for the
respective governing bodies to execute the new IGA.
Provisions of New IGA
The 1993 IGA contains many provisions that caused disagreement among the parties as to
how they should be interpreted. For instance, Tigard staff believes the language of the
existing IGA does not impart ownership of system assets outside of the TWSA to the other
parties. An example of such system assets is Tigard's share of the Lake Oswego Tigard Water
Partnership project assets. The other parties disagree and believe that any system assets
constructed since 1993, whether inside the TWSA or out, should be partially owned by them.
Because the language of the existing IGA is ambiguous, the parties have reached a settlement
where the new agreement will not convey ownership of system assets outside the TWSA to
the other parties. However, the proposed agreement does state that as long as the other
parties remain a part of the TWSA until the year 2045, Tigard would be obligated to pay that
party a certain amount in recognition of their commitment if they were to later decide to
withdraw.
Other provisions of the proposed new agreement include:
•Forming an advisory board to the Tigard City Council, named the Water Advisory Board.
•Providing a rebate to the City of Durham and the TWD in the amount of 5% of gross
water sales within their respective boundaries.
OTHER ALTERNATIVES
The council could choose to not adopt the resolution approving a new agreement. The
existing agreement will expire on December 31, 2018. Should that occur, Tigard will continue
to serve water to the City of Durham and the TWD.
COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS
N/A
DATES OF PREVIOUS CONSIDERATION
This is the first time the council will consider this new intergovernmental agreement.
Fiscal Impact
Cost: 240,000
Budgeted (yes or no): Yes
Where Budgeted (department/program):Water Fund
Additional Fiscal Notes:
Once the proposed intergovernmental agreement is executed, Durham and TWD would
receive an annual rebate of 5% of gross water sales within their respective boundaries, which
is an increase over their current 1°/0 rebate. For Durham, their rebate would go from
roughly $20,000 to $100,000 per year. For TWD, their rebate would go from approximately
$40,000 to $200,000 per year.
Attachments
TWD Durham IGA Resolution
Exhibit A-IGA
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 18-
A RESOLUTION APPROVING THE TIGARD WA[ER SERVICE AREA AGREEMENT AMONG THE
CITY OF TIGARD, CITY OF DURHAM, AND TIGARD WATER DISTRICT FOR DET.IVERY OF
WA 1'ER SERVICE
WHEREAS, the cities of Tigard, King City and Durham withdrew territory and water system facilities from
the original Tigard Water District ("TWD") boundaries effective July 1, 1993;and
WHEREAS,with the assets and infrastructure obtained by its withdrawal from TWD,Tigard created a city
water division. Durham,King City and TWD executed separate agreements with Tigard dated December 23,
1993 (the "1993 IGAs") whereby each of them delegated authority to Tigard to operate, maintain, repair,
replace,construct and reconstruct the water system facilities as part of an integrated water supply system over
the Tigard Water Service Area ("TWSA"),which comprised the area of the original District;and
WHEREAS,the 1993 IGAs expire on December 31,2018 and the parties agree that it is in their best interest to
replace those agreements. Tigard has a previous agreement with the City of King City dated December 9,2014
that will remain in place;and
WHEREAS,the 1993 IGAs contained ambiguous language regarding the parties'interest in system assets outside
the TWSA constructed or acquired after 1993,which includes the Lake Oswego-Tigard Water Partnership;and
WHEREAS,it is in all parties'best interests to amicably resolve the ambiguities of the 1993 IGAs'treatment of
system assets outside the TWSA,as that boundary existed on December 23, 1993;and
WHEREAS,in recognition of the partnership between Tigard and Durham/TWD,and as inducement to clarify
that Durham and TWD have no ownership interest in the Lake Oswego-Tigard Water Partnership, or other
system assets yet to be built outside the TWSA,as that boundary existed on December 23, 1993,Tigard finds the
proposed agreement is in the best interest of the public.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council approves the Tigard Water Service Area Agreement Among the City
of Tigard, City of Durham, and Tigard Water District for Delivery of Water Service, in
substantially the form attached as Exhibit A.
SECTION 2: This resolution is effective immediately upon passage.
SECTION 3: The Agreement is effective and contingent upon ratification of both parties.
RESOLUTION NO. 18-
Page 1
PASSED: This day of 2018.
Mayor-City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 18-
Page 2
SUPPLEMENTAL PACKET
FOR /4/ 9 11161
(DATE OF MEETING)
TIGARD WATER SERVICE AREA AGREEMENT
AMONG THE CITY OF TIGARD, CITY OF DURHAM
AND TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE
This Tigard Water Service Area Agreement ("Agreement") is made and entered into pursuant to
Oregon Revised Statutes 190.010,by and among the City of Tigard, an Oregon municipal
corporation("Tigard"), the City of Durham, an Oregon municipal corporation("Durham"), and
the Tigard Water District, a domestic water supply district organized under ORS Chapter 264
("TWD"). Tigard,Durham and TWD are jointly referred to herein as "the Parties."
RECITALS:
The cities of Tigard, King City and Durham(collectively the "Cities")withdrew territory and
water system facilities from the original Tigard Water District boundaries effective July 1, 1993.
Pursuant to ORS 222.540, TWD turned over to the Cities its water mains, service installations,
structures, facilities, improvements and other property in the area withdrawn from TWD as it
existed on June 30, 1993 ("original District")that were not necessary for the operation of the
remainder of the water supply system of TWD.
The area withdrawn by Tigard was a major portion of the original District boundaries. Because
of this, Tigard was entitled to a major portion of TWD's infrastructure pursuant to ORS 222.540
while King City and Durham were entitled to smaller portions. Pursuant to ORS 222.550, should
TWD dissolve,Tigard will obtain all of the TWD's remaining assets that have not been
distributed under ORS 222.540.
With the assets and infrastructure obtained by its withdrawal from TWD, Tigard created a city
water division within its Public Works Department. Durham, King City and TWD executed
separate agreements with Tigard dated December 23, 1993 (the"1993 IGAs")whereby each of
them delegated authority to Tigard to operate,maintain,repair,replace, construct and reconstruct
the water system facilities as part of an integrated water supply system over the Tigard Water
Service Area("TWSA"), which comprised the area of the original District.
All parties to the separate 1993 IGAs committed to cooperate with Tigard and each other in
capital improvement planning and long-term water supply decisions so that Tigard could provide
current and future water system users within the TWSA with high-quality water at a reasonable
price.
The 1993 IGAs provided that Tigard will set rates and charges and receive revenue from water
system users in Tigard, King City, Durham, and TWD for the entire TWSA, and with that
revenue Tigard will provide the funds to pay for providing water service,
The 1993 IGAs expire on December 31,2018, and the Parties agree that it is in their best interest
to enter into this Agreement to supersede and replace the respective agreements. Tigard has a
previous agreement with the City of King City dated December 9, 2014 that will remain in place.
1
NOW,THEREFORE,the premises being in general as stated in the foregoing recitals, it is
agreed by and between the Parties hereto as follows:
1. Definitions
"Master Declaration"means the Tigard Master Water System Revenue Bond Declaration
dated May 1, 2012, as it has been and may be amended in accordance with its terms.
"Remaining Party(ies)" means a Party who continues its interest in this Agreement
following notice of withdrawal by another party.
"Tigard Water Fund"means the enterprise fund(s)maintained by Tigard for water system
purposes.
"Tigard Water Service Area"means that area comprising the boundaries of Tigard,
Durham and the Tigard Water District, as they existed on December 23, 1993.
"Withdrawing Party"means a Party hereto who provides notice of intent to withdraw
from membership in this Agreement.
2. Mission Statement
Tigard is the authorized water supplier within the TWSA and is recognized by the
Division of Drinking Water, Oregon Health Authority, and by the Washington County
Public Health Division as a municipal water supplier. As such, Tigard has sole authority
to carry out the functions of a water supplier and responsibility to meet regulatory and
other requirements mandated by federal and state law and to meet the technical,
managerial and financial responsibilities to all customers within the TWSA regardless of
the jurisdictional boundaries of the Parties. The Parties commit to working together as
good stewards of a fully integrated water supply system so that all current and future
water system users in the TWSA receive a high-quality, economical water supply. The
Parties further commit to working together and with other agencies and jurisdictions in a
cooperative effort to plan for the future long-term water supply needs of the TWSA.
3. Effective Date and Term
This Agreement will be in full force and effect commencing at 12:01 AM on January 1,
2019 and shall continue indefinitely, unless earlier terminated by one or more of the
Parties according to the terms of this Agreement. Tigard recognizes that by this
Agreement, it is assuming the responsibility to provide water to the customers of Durham
and TWD for the duration of this Agreement unless Durham or TWD obtains a
reasonable alternative domestic water supply and the Agreement is terminated. If Durham
or TWD terminates this Agreement but does not have a separate water source,then the
Parties agree to negotiate in good faith a wholesale water supply contract as provided in
Section 11.6. Upon the effective date of this Agreement,the 1993 IGAs for Durham and
TWD will terminate and be of no further effect.
2
4. Water Service Area Advisory Board
4.1. The Tigard City Council will establish the Water Advisory Board ("WAB"). The
WAB may adopt bylaws that must be approved by the Tigard City Council. The
WAB will consist of five members. Members of the Board will be designated by
the respective governing bodies for approval by the Tigard City Council:
Tigard- One Member
Durham - One Member
TWD - One Member
At Large—Two Members. One member who resides within the TWSA but
outside Tigard and one member who resides within Tigard. At-large members
will be nominated by the WAB with final decision and appointment by the Tigard
City Council. The at-large members shall represent the interests of the general
TWSA public.
4.2. Water Advisory Board Terms of Appointment
Upon appointment as provided in Section 4.1, WAB members shall serve an
initial term from the date of appointment to December 31, 2021. Members serve
at the pleasure of the appointing body. The at large members serve at the pleasure
of the Tigard City Council.
Thereafter, WAB members shall be appointed in December of the expiring term
year for the following four-year term. Each term will begin on January 1 and end
on December 31 four years hence. Each WAB Board member shall serve until a
successor has been appointed. Members may be re-appointed to succeeding terms
without limit. Vacancies may be filled in the same manner as a regular
appointment.
4.3. Eligibility
Each WAB member shall be an elected official serving on the appointing
governing body, except for the at-large members who must meet the requirements
in paragraph 4.1. Each governing body may appoint an alternate to attend
meetings in the place of a regularly appointed WAB member. The alternate shall
be appointed in the same manner and must meet the same qualifications as the
regularly appointed WAB member.
4.4. WAB Support
Tigard will appoint city officials as staff to the WAB to assist the Board in its
duties. Tigard will provide adequate facilities and equipment for all WAB
meetings.
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4.5. Meetings, Quorum and Voting
A quorum of the WAB is three (3) members. All meetings will be conducted in
accordance with the Oregon Public Meetings Law. All actions require at least
three (3) affirmative votes. Generally,meetings of the WAB will be held at least
bimonthly,but may occur less frequently as provided in the bylaws. If a meeting
is held less than bimonthly, in lieu of a meeting Tigard shall provide an electronic
status report to each Party that includes,but is not limited to,the information set
forth in Section 6.4.3. A special meeting or emergency meeting may be called as
provided in the bylaws by the Chair or any two Members.
4.6. Duties
The WAB will be an advisory board and may make recommendations to the
Tigard City Council on significant water service issues including,but not limited
to:
4.6.1. water system rate methodology and structure to be charged to TWSA
users;
4.6.2. system development charges and methodology to comply with state law
and to provide that development growth within the existing TWSA and
future areas added to the TWSA pay an equitable share;
4.6.3. proposed Capital Improvement Plans, Master Plans, Water Management
and Conservation Plans, Curtailment Plans, Emergency Plans and
amendments thereto;
4.6.4 recommendations to the Budget Committee and Council on budget
requests or amendments to the existing budget for water system operation
and maintenance or CIP;
4.6.5 policies,rules and regulations regarding the water system or TWSA users
which may be adopted by the Tigard City Council;
4.6.6 proposed issuance of borrowings secured by water system revenues;
4.6.7 proposed sale of water to areas outside the TWSA;
4.6.8 other water related issues assigned by the Tigard City Council or as
suggested by the WAB
5. Ownership of Assets
The Parties agree to the following ownership provisions:
5.1. "System Assets": Assets within the TWSA necessary for the operation of the
water supply system throughout the TWSA,more specifically defined as follows:
transmission mains with diameters 12 inches and over that are necessary for the
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transmission of water throughout the system; computerized control systems
("SCADA"); reservoirs; wells; pump stations and real property upon which
reservoirs and pump stations are sited. The real property descriptions are set forth
on Exhibit A and incorporated herein by reference. Real property does not
include any area within highways, roads and streets. The Parties agree that System
Assets within the TWSA are, and shall be,jointly but proportionately owned by
the Parties as provided in Section 11.2 so long as this Agreement is in place. The
Parties further agree that if System Assets are sold, the proceeds shall be placed in
Tigard's Water Fund and dedicated for use in the TWSA water system.
5.2. "Distribution Assets": Water mains with diameters less than 12 inches and service
installations. Distribution Assets are considered the property of the jurisdiction in
which the asset is located.
5,3. "System Assets Outside the TWSA": Assets or shares of assets that have been or
will be acquired or constructed outside of the TWSA boundaries on behalf of the
water supply system. The Parties agree that any System Asset Outside the TWSA
shall be solely owned by Tigard as the record title holder and Tigard shall
exercise and be responsible for all rights, duties and obligations as required by
any agreement entered into by Tigard for those assets. The System Assets Outside
the TWSA shall be held in trust and used for the benefit of the TWSA parties and
their customers. Tigard shall provide water subject to the terms of this Agreement.
TWD and Durham have the right to specifically enforce this Agreement or obtain
other remedies to compel Tigard to deliver water to their respective customers
from these System Assets Outside the TWSA. If System Assets Outside the
TWSA are sold or transferred or otherwise disposed of, then any proceeds
received shall be placed in Tigard's Water Fund and dedicated for use in the
TWSA water system.
5.4. All System Assets and Distribution Assets within the TWSA shall be pledged by
Durham and TWD to Tigard to be managed and utilized by Tigard in order to
provide water services to all current and future water system users in the TWSA.
5.5. Tigard has sold two series of Water Revenue Bonds in the aggregate initial
principal amount of$128,530,000 with a maturity date of August 1, 2045 for the
LOT Water Project which is a System Asset Outside the TWSA. Tigard has made
various covenants related to those borrowings and the revenues from all users of
the TWSA are pledged to the bondholders for repayment. Neither Durham nor
TWD may terminate and withdraw from this Agreement prior to August 2, 2045
to ensure payment of this borrowing and compliance with the covenants related to
these borrowings.
5.6. Upon notice of withdrawal and termination of this Agreement, the interest in
System Assets held by Durham or TWD will be sold to and purchased by Tigard
according to Section 11, subject to provisions for indebtedness incurred against
those assets in Section 7. Distribution Assets will remain the property of the
Withdrawing Party in which the distribution asset is located and Tigard will have
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no further obligation to operate,maintain,repair or replace them, unless Tigard
otherwise agrees.
6. Asset Usage/Water Rates/Revenues
6.1. Tigard's Utilization of All Assets
The Parties agree that all System Assets, Distribution Assets and System Assets
Outside the TWSA will be utilized by Tigard to provide water services to current
and future users in Durham and TWD. Durham's and TWD's ownership interest in
the Distribution Assets will remain though the assets are being utilized by Tigard,
unless and until transferred to Tigard by agreement or operation of law.
6.1.1. Tigard agrees that it will maintain, preserve and keep the assets in good
repair and working order. Tigard may appropriate from the Water
Fund all moneys necessary to meet all obligations of this Agreement.
6.1.2. Tigard shall keep the assets free of all levies, liens and encumbrances
except those created by this Agreement or consented to by the governing
body of Durham and TWD in writing. The Parties contemplate that the
assets will be used for a governmental or proprietary purpose by Tigard
and, therefore, that the assets will be exempt from all property taxes.
Nevertheless, if the use, possession or acquisition of the assets are
determined to be subject to taxation, Tigard shall pay when due all taxes
and governmental charges lawfully assessed or levied against or with
respect to the assets. Tigard shall pay all gas, water, electricity,heat,
power, telephone, utility and other charges incurred in the operation,
maintenance, use, occupancy and upkeep of the assets from the Water
Fund. Where there is shared use of the assets, these costs will be shared in
an equitable manner.
6.1.3. Tigard shall maintain (i) casualty insurance on System Assets within the
TWSA, (ii) liability insurance that protects Durham and TWD, including
their officers and employees, from liability arising from Tigard's acts or
omissions in the operation of the water supply system, and (iii) worker's
compensation insurance as a complying employer covering all Tigard
employees working on, in, near or about the assets as required under the
laws of the State of Oregon. Such coverages will be in the same amounts
and coverages as typically obtained by Tigard. Tigard will furnish to
Durham and TWD certificates evidencing such coverage within 30 days of
request for same. All such insurance will be with insurers that are
authorized to issue such insurance in the State of Oregon, name Durham
and TWD as additional insureds, and contain a provision to the effect that
such insurance shall not be canceled or modified materially and adversely
to the interest of Durham and TWD without first giving written notice
thereof to Durham and TWD at least thirty(30) days in advance of such
cancellation or modification. Tigard may meet any of these requirements
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through a self-insurance program. Such insurance requirements may be
waived in writing by the respective governing bodies of Durham and
TWD. System Assets Outside the TWSA will have insurance coverages
as provided according to the applicable agreement that governs the
ownership, operation,maintenance, repair and replacement of the asset.
6.1.4. The fees,rates and charges charged by Tigard for providing water services
to current and future water system users in Durham and TWD shall be the
same as those charged within Tigard.
6.1.5. Notwithstanding the foregoing, Tigard may impose different fees,rates
and charges for providing water service to areas of the TWSA within
Durham or TWD based on Cost of Service Principles when the reasonable
estimated cost of providing such service is greater due to special
circumstances, including but not limited to additional cost to pump water
to serve users in a particular area. Any differential fees, rates and charges
imposed for providing water service will be limited to the actual additional
costs and be reviewed by the WAB, which will forward a recommendation
to Tigard based upon its review. The Tigard City Council will consider the
WAB's recommendation prior to taking action. When differing fees, rates
and charges are imposed, they will be consistently applied in both Tigard
and the remainder of the TWSA where the criteria for imposition are
applicable.
6.1.6. At the request of Durham and TWD, Tigard may include additional
Durham or TWD charges for their residents only, which will be shown on
the bill as a separate Durham or TWD charge.
6.2. Moneys/Revenues/Master Declaration
6.2.1. Moneys and revenues for operation,maintenance and repair shall be held
by Tigard in the appropriate Tigard Water Fund. All funds in the Tigard
Water Fund will be used solely for water system purposes.
6.2.2. Moneys and revenue for system capital improvement shall be held by
Tigard in a fund dedicated solely for this purpose.
6.2.3. Tigard shall develop a methodology for system development charges
("SDCs") for the entire TWSA and collect the SDCs pursuant to Tigard
Municipal Code Chapter 3.24.
6.2.4. Tigard has outstanding borrowings under a Master Water System Revenue
Bond Declaration dated May 1, 2012 as it has been and may be amended
pursuant to its terms (the "Master Declaration"). The Master Declaration
governs Tigard's use of water system revenues. Consequently, all
provisions in this Agreement describing the use of water revenues or the
Water Fund are subject to the limits and flow of funds in the Master
Declaration. If there are any conflicts between this Agreement and the
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Master Declaration, the provisions of the Master Declaration shall control.
If necessary, this Agreement will be revised to be consistent with the
Master Declaration.
6.2.5. Tigard agrees to make payments due from it under this Agreement solely
from Net Revenues as defined in the Master Declaration and not from
other sources. Tigard's obligation to make payments under this
Agreement (a) is not secured by a lien on Net Revenues and (b) is subject
to Section 4.1 of the Master Declaration which requires Tigard to use
water system revenues to make certain other payments, for example debt
service on outstanding bonds before paying other expenses.
6.3. Capital Improvements
6.3.1. Tigard shall develop and implement capital projects in accordance with a
long-range Capital Improvement Program supported by sound engineering
analysis. The projects will be developed and implemented to achieve the
best interests of water customers within the TWSA, irrespective of city
boundaries.
6.3.2. The WAB will review and provide a recommendation on the Capital
Improvement Program to the Tigard City Council, who will consider the
WAB recommendations prior to approval of the Capital Improvement
Program.
6.3.3. The Capital Improvement Program will establish the location of a capital
improvement and designate the type of asset, as defined in Section 5, for
which the capital improvement qualifies.
6.3.4. Capital improvements made subsequent to entering into this Agreement
will be addressed as follows: (1) those that are determined to be
Distribution Assets will become the property of the jurisdiction in which
the improvement is located; and (2) for those that are determined to be
System Assets, the Parties each have a proportionate ownership, as
provided in Section 5.1. System Assets Outside the TWSA will be solely
owned by Tigard
6.3.5. Tigard may enter into long-term water supply contracts in accord with the
best interests of water users within the TWSA, irrespective of city
boundaries. Long-term water supply contracts must be submitted to the
WAB for its review and comment prior to approval by the Tigard City
Council.
6.4. Accounting
6.4.1. Tigard will use generally accepted accounting principles applicable to
utility enterprises for the recording and identifying of all revenues and
expenditures made for the water system.
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6.4.2. At least annually and within 30 days of receipt of a written request from a
member of the WAB, Tigard shall provide a written report to the WAB
detailing at least the following:
6.4.3.1 The current balance in the Water Fund(s) and the change in the
balance from the prior report.
6.4.3.2 The income from the Water Fund(s) for the reporting period,by
type of revenue collected within each jurisdiction.
6.4.3.3 Expenditures from the Water Fund(s) for the reporting period and
the description of the expenditure.
7. Indebtedness
7.1. Upon termination and withdrawal by TWD or Durham after August 2, 2045, the
Withdrawing Party shall pay in full the proportionate share of outstanding
borrowings incurred for System Assets and Distribution Assets except as provided
in Section 11. Payment shall be made on the withdrawal date unless otherwise
agreed. Any amount the Withdrawing Party owes shall be first offset from the
amount the Withdrawing Party is otherwise eligible to receive pursuant to Section
11.4.
7.2. Tigard is authorized by statute to borrow money for the water system. Durham
and TWD shall cooperate and take action as reasonably required by Tigard to
enable Tigard to sell these borrowings on favorable terms.
8. Services Provided By Tigard
8.1. Tigard will provide water, from such sources or combination of sources
determined by Tigard, to current and future water system users in all TWSA
jurisdictions on the same terms and conditions Tigard provides water to its water
system users. If circumstances require water curtailment or other water use
restrictions, emergency or otherwise, each jurisdiction shall be subject to the same
policies and procedures so that curtailment is applied uniformly within the
TWSA. Durham or TWD may not sell water provided through this Agreement to
a third party without the prior written consent of Tigard. Proposed sale of surplus
water by Tigard to a non-party for other than short-term emergency purposes will
be reviewed and commented on by the WAB prior to approval by the Tigard City
Council. Any revenues generated by such a sale of surplus water will be
deposited into Tigard's Water Fund.
8.2. Certainty of water supply is of paramount interest. Tigard will provide equally,
and in a manner consistent with the terms of this Agreement, all services,
equipment and personnel required for delivery of potable domestic water to water
system users within Durham and TWD. This includes,but is not limited to,
system repair and maintenance, water distribution,new installations, system
upgrades, and billing functions.
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8.3. Tigard will make the same public meeting spaces that are used for WAB meetings
available to any Party on request free of charge with reasonable advance notice
for that Party's use for regular or special meetings for water related matters.
8.4, Each Party shall respond in the normal course of business to all requests for
public records in its possession by persons who are not Parties and shall defend
the other Parties and hold them harmless from any and all claims or legal actions
made or filed by the person making the records request for records in its
possession.
8.5. Tigard shall provide all readily available financial records relating to the water
supply system to any Party for inspection and copying on reasonable advance
notice and during Tigard's normal business hours. Readily available records are
those financial records regularly kept in the ordinary course of business that can
be produced without search time and for which requests are of a reasonable or
limited volume. Such records shall be produced at no charge. Except for the
report required by paragraph 6.4.2, financial information that can only be obtained
by a custom report that does not exist in the financial management system or
records not meeting this "readily available"definition may be requested in
accordance with State Public Records Law and Tigard's Public Records Law
Policy.
8.6. Tigard will publish the proposed budget in accordance with Oregon Budget
Law. The WAB may request a presentation of the proposed budget for
consideration and recommendation prior to Tigard's adoption of the budget. It
will be incumbent upon the WAB to schedule the meeting to accommodate the
timing of Tigard's budget hearings. Tigard will post a copy of each year-end
financial audit ("CAFR"), with includes Water Fund accounts, on the city
website. Hard copies are available upon request,based upon availability and
price as set forth in the city's Master Fees and Charges.
9. Rules and Regulations
9.1. The Ordinances, Resolutions, Rules, Rates and Regulations for Water Service
("Water Service Rules") adopted by the Tigard City Council govern water service
to Durham and TWD.
9.2. The Tigard City Council may modify, alter or repeal the Water Service Rules,
rates and at any time according to its processes only after the WAB has had the
opportunity to study and comment upon the proposed Water Service Rules. The
WAB is empowered to make a continuing review of any Water Service Rules
regarding the water system which may be adopted by the Council and periodically
to make recommendations to the Council for additions or amendments.
10. Extension of Service
10.1. Extension or modification of Durham's or TWD's water distribution system by
private parties may be done only with prior written approval of Durham or TWD.
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Tigard will act as the managing agency to ensure that design and construction
meets all relevant Tigard public works improvement standards and American
Water Works Association ("AWWA") design standards prior to acceptance.
10.2. No existing or future development in an unincorporated area of the TWSA will be
required to annex to a city as a consequence of this Agreement.
10.3. Any annexation shall be in accordance with the applicable statutes, charters and
ordinances of the affected entities.
10.4. Residents of Durham or TWD will be responsible for any expenses associated
with efforts of the City of Tigard to withdraw from the Tualatin Valley Water
District to reach the goal of having a single water provider in Tigard so long as
Tigard provides notice of intent to withdraw and confers with the governing body
of each party prior to initiating the withdrawal process.
10.5. No part of this Agreement may be interpreted as a waiver of any Party's statutory
rights upon annexation of territory. Annexation of new territory to any Party's
jurisdictional boundary and annexation related changes to a boundary between
any of the Parties will be subject to the process for boundary changes set out in
the Metro Code and the Oregon Revised Statutes. The determination of what
Party or other entity will be the water supply provider for the area to be annexed
will be decided by that process. Each Party to this Agreement reserves all rights to
appear and be heard in those proceedings. Each Party agrees in good faith to
execute any and all documents as is reasonable and necessary to effectuate a final
decision on any boundary change as between any two or more Parties. Any of the
Parties may enter an urban services agreement with Tigard to be the water supply
provider within all or a portion of that served Party's jurisdictional boundary by
the process set out in state law for such agreements.
11. Termination,Withdrawal and Sale of Interest
11.1. Notice
On or after August 2, 2045,Durham or TWD may provide written notice
("Notice")to Tigard and the other Party of its desire to terminate and withdraw
from this Agreement. The Notice shall set a withdrawal date not less than five
years from the date of the Notice and not earlier than August 2, 2045 unless the
parties agree otherwise. The Withdrawing Party will sell all of its ownership
interest in the System Assets to Tigard effective on the withdrawal date. Tigard
will be obligated to purchase all of the Withdrawing Party's interest in the System
Assets. The parties may mutually agree on a withdrawal date different from that
provided in the Notice.
11.2. Calculation of Ownership Interest of System Assets
Should Durham or TWD wish to terminate its interest in this Agreement with
Tigard and withdraw, then the Withdrawing Party's proportionate interest in a
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System Asset will be determined based upon Meter Equivalency. "Meter
Equivalency" is calculated based on actual sizes and numbers of meters tracked to
each Party's jurisdiction.
The following table will be used to determine meter equivalency:
Size 5/8-inch 3/4-inch 1-inch 1-1/2-inch 2-inch 3-inch 4-inch 6-inch 8-inch 10-inch 12-inch
Equivalent 1.000 1.440 2.667 7.998 12.987 A 22.901 46.968 49.997 79.995 156.291 225.059
Tigard will provide a report of Party's respective meter equivalency upon request
by the WAB.
11.3. Valuation
Unless the Parties agree otherwise, the value of the Withdrawing Party's
proportionate interest in a System Asset will be determined as of the withdrawal
date by a mutually agreed utility valuation professional familiar with utility
system valuations. The value will be based upon the remaining useful life of the
System Assets. Real Property containing System Assets will be valued by a
mutually agreed certified appraiser who is a member of the Appraisal Institute
applying United States Property Appraisal Practices ("USPAP") (collectively the
"Valuation Experts"). If the Parties cannot agree on a single utility Valuation
Expert or a single real estate Valuation Expert, then each Party will pick one and
the two Valuation Experts selected will choose a third. The decision of the
Valuation Experts must be rendered within 180 days of his/her/their retention by
the Parties and the decision will be final and binding. The Parties will equally
share all costs of the Valuation Expert(s).
11,4. Purchase Terms
Following Notice, Tigard and the Withdrawing Party(ies) will have 180 days to
determine the value of System Assets and Real Property to be purchased and
negotiate a fair and equitable transaction. If they cannot agree, they will employ
valuation experts as described in Section 11.3. The established value of the assets
to be purchased will be the purchase price included in the terms of purchase and
sale. The Remaining Party(TWD or Durham) will be informed of all discussions
or decisions of price and terms. Tigard may elect to pay cash at closing or to make
installment payments over a term not to exceed five(5) years from the withdrawal
date set forth in the Notice with interest on the unpaid principal at the Local
Government Investment Pool Rate of Interest. Tigard may also elect to assume
the Withdrawing Party's proportionate share of debt from System Assets or
Distribution Assets and apply the amount of debt so assumed as a credit against
the purchase price. If Tigard does not agree to assume the Withdrawing Party's
proportionate share of debt,then the purchase and sale terms must provide for
payment to Tigard as provided in Section 7.1. The final terms of purchase and
sale will be reduced to a term sheet for tentative approval by the designated
representatives of Tigard and Withdrawing Party.
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In recognition of the Withdrawing Party's partnership and contribution by rate
payers to system assets outside of the TWSA, for System Assets Outside the
TWSA, the term sheet shall also provide for payment by Tigard of an amount
equal to the reimbursement component of Tigard's Water System Development
Charge as of the time of withdrawal (SDC-r) (excluding the amount attributed to
System Assets and Distribution Assets)multiplied by the meter equivalency of
the Withdrawing Party. The SDC-r on January 1, 2019 is $3,898 per EDU (5/8-
inch meter). Notwithstanding any future changes to state SDC statutes, total
payment per EDU of the withdrawing party will not be less than the value of half
($1,949/EDU) or more than twice ($7,796/EDU)the total value of SDC-r on
January 1, 2019.
Payment will be made on the same terms and conditions as payment for System
Assets.
11.5. Purchase and Sale Agreement
Within 60 days after the terms of purchase and sale are determined, Tigard and
the Withdrawing Party will prepare the necessary documents for final approval by
their respective governing bodies. Transfer of title and termination of the
Withdrawing Party's interest in this Agreement will occur on the withdrawal date.
11.6. Water Supply Contract
If TWD or Durham elects to terminate and withdraw, it may request a water
supply contract from Tigard and the Remaining Party. If requested, the
Withdrawing Party and Tigard/Remaining Party will negotiate in good faith a
wholesale water supply contract using cost of service water industry standards
based on the most recent American Water Works Association Ml, Principles of
Water Rates, Fees, and Charges, Manual of Water Supply Practices using the
principles of the "Utility Approach"to determine revenue requirements and
capital-related costs including depreciation expense and return-on-rate base.
The length and other terms of any water supply contract will be negotiated at the
time.
11.7. System Separation
The Withdrawing Party will be responsible for all costs for improvements or
system modifications necessary to separate the Distribution Assets from the
TWSA System Assets, installation of master meters, notices to customers, costs of
account transfer incurred by Tigard and the like. If the Withdrawing Party obtains
water supply from a non-TWSA source,the Withdrawing Party will also install
cross connection control devices of a type and at locations approved by Tigard.
The terms of the purchase and sale agreement will also include a plan and
schedule for system separation.
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12. Rebate
The Parties agree that the ability of Tigard to operate,maintain, construct,repair and
replace an integrated water system within the TWSA provides opportunities to achieve
economies of scale. As an incentive for Durham and TWD to delegate authority to Tigard
and remain a Party to this agreement, Tigard agrees to rebate to Durham and TWD an
amount equal to five percent (5%) of gross water sales attributed to water system users
located within their respective boundaries. The 5%will be paid on system revenues
received on an annual basis,unless the Parties agree otherwise. If Durham enacts a right-
of-way usage fee applicable to the water system located within its boundaries, Durham
may charge that fee to Tigard, in lieu of payment under this section,provided the fee does
not exceed 5%of the value of gross water sales attributed to water system users located
within Durham's jurisdictional boundaries and no further payment will be made to
Durham under this Agreement. At all times, the rebate amount shall be indexed to and
tied with the right of way license fee enacted and charged by Tigard within its
boundaries. Any challenge or other proceeding initiated by a non-party to test the
validity of this rebate will be defended by Tigard and the costs of defense will be paid
from the Water Fund.
13. Eminent Domain
Durham and TWD agree that Tigard is empowered to use any right of condemnation
possessed by Durham or TWD and act in the name of Durham or TWD as necessary to
provide water services consistent with the terms of this Agreement, and Durham and
TWD agree to take any action necessary for Tigard to exercise that right on the request of
Tigard. If Tigard seeks to exercise its own condemnation authority within Durham or
TWD, it will inform the affected party and proceed in its own name and authority.
TWD or Durham will consider any request by Tigard for Tigard to exercise powers of
eminent domain if needed to acquire property within that Party's jurisdictional boundary
for use for the water supply system. TWD or Durham may not unreasonably withhold its
consent to such a request. TWD or Durham may condition its exercise of such authority
for a project that benefits only Tigard on Tigard's agreement to pay all attorney fees and
costs incurred in any such proceedings. For projects that relate to the TWSA system,
costs of condemnation will be paid from the Water Fund(s).
14. Annual Meeting
The governing bodies of the Parties to this Agreement will meet annually to discuss and
consider issues related to this Agreement. The annual meeting will include a summary of
key activities and any specific suggestions or recommendations which WAB members
believe would benefit the water system for consideration by the Tigard City Council.
The Tigard City Council will consider such recommendations.
15. Applicable Law,Jurisdiction and Venue
This Agreement will be governed by and construed in accordance with the laws of the
State of Oregon. If litigation is commenced. the Parties agree that jurisdiction and venue
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lie in the Circuit Court of the State of Oregon for Washington County.
16. Indemnity
To the extent permitted by law, each Party shall defend and indemnify the other Parties,
their members, officers, governing bodies, employees or agents who was or is a party, or
is threatened to be a party, to any suit or proceeding, from and against all liability, claims,
damages or losses, including attorney fees, arising out of acts or omissions arising from
the performance of this Agreement. No party shall be indemnified for its own acts or
omissions. This indemnity shall remain in full force and effect notwithstanding
termination of this Agreement.
17. Default
17.1. Generally
A Party is deemed in Default of this Agreement if the Party violates any provision
of this Agreement or fails to perform an obligation required to be performed or
otherwise breaches this Agreement. An Event of Default is deemed to have
occurred if the Defaulting Party fails to cure the Default within the cure period
designated in this Section.
17.2. Notice of Default and Cure
A written notice of Default("Notice of Default") shall be delivered to the Party in
Default("Defaulting Party") by one or both of the other Parties. The Notice of
Default must specify the nature of the Default and provide a specified period to
cure the Default or otherwise reasonably commence to cure the Default in a
diligent manner. A reasonable cure period("Cure Period") will be 90 days unless
another time for cure is contained in the Notice of Default. The Notice of Default
may also include a requirement to engage in the Dispute Resolution process. A
copy of the Notice of Default shall be delivered to all other Parties.
17.3. Response by Defaulting Party
17.3.1. Nonpayment Default
The alleged Defaulting Party shall either: (1) make payment in full by the
date set in the Default notice; (2) submit a plan for repayment that the
Board must approve; or(3) request Dispute Resolution. The Cure Period
for non-payment is a 90 day period,but the Board may, in its sole
discretion, approve a payment plan in extraordinary circumstances
17.3.2. Other Defaults
The Defaulting Party must: (1) cure the Default by the Cure Period set forth
in the Notice of Default; (2) state why the Default cannot be cured within
the Cure Period, what efforts the Defaulting Party has made to cure the
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Default and provide a reasonable plan to cure the Default; or(3) request
Dispute Resolution. The other Parties must approve the plan for cure and if
not approved, an Event of Default will be declared. If Dispute Resolution is
requested by the Defaulting Party, then that process will be followed.
17.3.3. Failure to Cure
Failure to cure the Default within the allowed Cure Period will result in the
Declaration of an Event of Default, and the Parties shall proceed to Dispute
Resolution.
18. Dispute Resolution Process
This Agreement obligates the Parties to cooperate in the ownership and operation of the
System Assets and Distribution Assets for the mutual benefit of all Parties to consistently
deliver water to the TWSA. The Parties agree that each Party should bring forward
issues regarding past performance or anticipated performance of obligations and duties at
the earliest reasonable opportunity so that all Parties can proactively work toward
solutions in an attempt to avoid a formal declaration of default. This Dispute Resolution
process is provided to encourage informal resolution through negotiation among the
Parties' staff, executives or elected officials before resorting to a formal process using
mediation, arbitration, or litigation.
18.1. Notice of Dispute
Any dispute or Notice of Default will be submitted in writing to the Tigard City
Manager or to the TWD Board Chair. If the dispute is not resolved within the 30-
day period following receipt of notice, it will be referred to mediation. In the case
of a Notice of Default, either the Defaulting Party or the other Party may demand
Dispute Resolution at any time during the Default process as set forth above.
18.2. Mediation
A Party desiring mediation must provide the other Party with a written notice
("Request to Mediate"), which will set forth the nature of the dispute or Default.
The Parties will thereafter cooperate in good faith to select the mediator with
Arbitration Service of Portland Oregon or other mutually agreed mediation
service within 14 days of a Request to Mediate and may adopt any procedural
format that seems appropriate for the particular dispute. Mediation should be
scheduled within 14 days of selection of the mediator, or as soon as possible,
based on availability. The mediator will then set the rules for conduct of the
mediation. The Parties will share the mediation costs as agreed upon with the
mediator. If a written settlement agreement is not reached by the Parties within
60 days from the date of the Request to Mediate, or such longer time frame as
may be agreed upon, in writing,by the Parties, then the Parties may commence
litigation. If mediation fails to resolve the matter, the Parties may mutually agree
to binding arbitration in lieu of litigation.
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18.3. Arbitration
If the Parties agree to enter into binding arbitration, selection of the arbitrator, time
frame for arbitration, and procedural rules for arbitration will be agreed upon at
that time. The Oregon Rules of Civil Procedure and Oregon Evidence Code will
apply unless specifically modified by the arbitration agreement. Any arbitrator or
arbitrators selected must have significant municipal law experience, unless the
Parties mutually agree otherwise, in writing.
18.4. Litigation
If all Parties do not agree to arbitrate,then any Party may seek legal relief through
the Circuit Court of Washington County.
18.5. Remedies,Injunction Relief and Specific Performance
After exhaustion of Dispute Resolution Procedures through the mediation step, a
Party may seek all remedies available at law, or in equity, for breach of this
Agreement. The purpose of the remedy is to make all non-Defaulting Party whole
and to bring the Defaulting Party into compliance, if possible. The remedies may
include,but not limited to money damages for additional costs of service, costs of
capital and other actual costs incurred by the other Parties resulting from the
Default,plus interest at the statutory judgment rate of interest from the date of
Default.
A Party may seek and obtain immediate equitable relief to prevent irreparable
harm before or during the Dispute Resolution process.
19. Dissolution
On or after August 2, 2045,the Parties may desire to dissolve this Agreement.
Dissolution of the Agreement requires an affirmative vote of every Party's governing
body. Dissolution may occur no later than five years from the date of the last affirmative
vote to dissolve and no sooner than two years, unless the governing body of each Party
agrees to a different timeline. If the Agreement is not dissolved by unanimous consent,
then any Party(ies) seeking dissolution may elect to terminate and withdraw as described
in Section 11.
19.1. Plan of Dissolution
Tigard will develop a Dissolution Plan to wind up business affairs,to be reviewed
and approved by the WAB before it is presented to each Party's respective
governing body. The Dissolution Plan must provide for among other things: (1)
the continued operation of the System Assets while the Dissolution Plan is
implemented; (2) an accounting of assets and liabilities; (3)provisions for the
payment of debts and obligations; (4) the creation of a reserve account for known,
unforeseen, and contingent liabilities; (5) a plan for liquidation of the assets or
the purchase of System Assets by Tigard from TWD and Durham; (6) a
17
mechanism for distribution of asset proceeds and excess funds among the Parties
in accordance with their ownership interest, following payment of all liabilities
and obligations related to the System Assets; (7) a plan for separation of the
TWD and Durham Distribution Assets from the System Assets to be acquired by
Tigard; and (8) provisions for a long-term water supply contract between Tigard
and the other Parties. To the extent that valuation of System Assets is necessary,
the valuation process of Section 11.3 shall apply except that each Party will
appoint a valuation expert and the three shall agree. If they cannot agree, the
average of the three valuation results will be calculated and conclusive.
19.2. Transfer of Capacity Ownership
The Dissolution Plan shall provide for transfers of System Assets to Tigard
ownership for cash or other consideration, from a Party that seeks complete
divestiture of ownership. The Dissolution Plan must provide for appropriate
documents to vest ownership in Tigard. Legal fees and costs to transfer ownership
to implement the Dissolution Plan will be paid as a common expense from the
Water Fund(s).
19.3. Disputes
Any dispute regarding dissolution or the Dissolution Plan shall be first subject to
the Dispute Resolution process of Section 18 and, if not resolved after mediation,
then as determined by the Circuit Court of Washington County.
20. Ratification of this A2reement/Execution in Counterparts
Prior to the effective date of this Agreement,the governing body of each Party shall enact
a resolution ratifying the Agreement. This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute
but one and the same instrument. Each copy of this Agreement so executed shall
constitute a duplicate original.
21. Amendments
Any amendment to this Agreement must be approved by the governing body of each
party.
22. Severability
If a portion of this Agreement is for any reason held to be invalid or unconstitutional by a
court of competent jurisdiction, all remaining portions of this Agreement shall remain in
effect until the Agreement is terminated. In such an event, the Parties will meet to consider
amendments to the Agreement to conform to the original intent of the Parties. If the
Parties are unable to agree on a revised Agreement within 90 days of entry of judgment by
the court, a Party may give notice of termination and withdrawal.
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23. Property Conveyances
All Parties agree in good faith to execute any and all real property conveyances deemed
reasonably necessary or desirable to show each Party's share of ownership of such
Property as provided in this Agreement. Prior to December 31, 2019, TWD agrees to
transfer all System Assets within its boundaries and currently held in TWD's name to
Tenancy in Common agreements with Tigard and Durham.
24. Successors and Assigns
The Parties to this Agreement shall not have the right to transfer ownership of or to
remove System Assets,or to otherwise transfer any interest therein to a non-party without
written consent of the other Parties. Neither the benefits received by Durham or TWD nor
the obligations incurred under the terms of this Agreement are assignable or in any
manner transferrable by Durham or TWD without the written consent of Tigard and any
Remaining Party.
CITY OF TIGARD CITY OF DURHAM
By: By:
John Cook, Mayor Gery Schirado, Mayor
APPROVED AS TO FORM APPROVED AS TO FORM
By: By:
Shelby Rihala, City Attorney David Doughman, City Attorney
TIGARD WATER DISTRICT
By:
Ken Henschel, Board President
APPROVED AS TO FORM
By:
Eileen Eakins, District Counsel
19
Exhibit A
City of Tigard Public Works Department Exhibit A
Water System Assets-Real Property
November 2018
Location Washington County Registered Owner Tax ID Year Area
Built
8777 SW BURNHAM ST TIC Agreement-Tigard,King City,Durham,&TWD 2S102AD03450
PUBLIC WORKS OFFICE 8777 SW BURNHAM ST- (TIGARD) P989 12943
PUBLIC WORKS SHOP 8777 SW BURNHAM ST- (TIGARD) 1989 13830
10310 SW CANTERBURY LN TIC Agreement-Tigard,King City,Durham,&TWD 2S111BCO2600
EMERGENCY GENERATOR/STORAGE BUILDING(W/P10 VALUE)10310 SW CANTERBURY LN- (TIGARD) 1974 ,4765
CANTERBURY SITE#1-RESERVOIR#1-1 MG 10310 SW CANTERBURY LN- (TIGARD) i960
CANTERBURY SITE#1-RESERVOIR#2-1 MG 10310 SW CANTERBURY LN- (TIGARD) P969 12
BOOSTER PUMP STATION#1 10310 SW CANTERBURY LN- (TIGARD) 1972 120
ASR WELLHOUSE 10310 SW CANTERBURY LN- (TIGARD) 11003 1441
11580 BAYLOR ST Tigard Water District 1S136DD006600
BAYLOR WATER TANK#1-1.125 MG(NORTH TANK)(W/PIO VALUE)11580 BAYLOR ST- (TIGARD) PI969 PEI
BAYLOR WATER TANK#2-1 MG(SOUTH TANK)11580 BAYLOR ST- (TIGARD) 1/963 U
12475 SW BULL MOUNTAIN RD Tigard Water District 2S110BC00900
BULL MOUNTAIN RESERVOIR-10 MG 12475 SW BULL MOUNTAIN RD- (TIGARD) P978 12
BULL MOUNTAIN RESERVOIR BOOSTER PUMP STATION 12475 SW BULL MOUNTAIN RD- (TIGARD) 11010 13520
BULL MOUNTAIN RESERVOIR WELL HOUSE 12475 SW BULL MOUNTAIN RD- (TIGARD) 11006 /440
BULL MOUNTAIN RESERVOIR INLINE VAULT 12475 SW BULL MOUNTAIN RD- (TIGARD) 11010 1320
LAND IMPROVEMENTS-PER 10/31/16 APPRAISAL 12475 SW BULL MOUNTAIN RD- (TIGARD) 11010 12
12980 SW 135TH AVE Tigard Water District 2S104DB05300
WELL HOUSE 12980 SW 135TH AVE- (TIGARD) 1/959 1170
SW 135TH-RESERVOIR#1-2.5 MG(SOUTH)(W/PIO VALUE)12980 SW 135Th AVE- (TIGARD) P.1983 12
SW 135Th-RESERVOIR#2-800,000 G 12980 SW 135TH AVE- (TIGARD) P972 12
13001 SW BULL MOUNTAIN RD City of Tigard 2S109ACO2500
PRICE RESERVOIR-3 MG(W/PIO VALUE)13001 SW BULL MOUNTAIN RD- (TIGARD) 2008 0
13425 SW 154TH AVE Tigard Water District 2S105DB00400
MENLOR RESERVOIR-3.5 MG(W/PIO VALUE)13425 SW 154TH AVE- (TIGARD) 1998 0
CONTROL BUILDING 13425 SW 154Th AVE- (TIGARD) 1998 108
WATER SHED BOOSTER STATION 13425 SW 154TH AVE- (TIGARD) 2011 150
14201 SW 119TH PLACE Tigard Water District 2S110BB00500
RESERVOIR SITE#2-280,000 G(W/PIO VALUE)14201 SW 119TH PL- (TIGARD) 1992 0
WELL HOUSE 14201 SW 119TH PL- (TIGARD) 1970 100
BOOSTER PUMP STATION 14201 SW 119TH PL- (TIGARD) 1992 50
GENERATOR VAULT 14201 SW 119TH PL- (TIGARD) 1992 135
DIESEL TANK-400 G 14201 SW 119TH PL- (TIGARD) 1992 0
14255 SW HIGH TOR DR Tigard Water District 2S109BB02902
RESERVOIR#1-HI-TOR NORTH 1 MG(W/PIO VALUE)14255 SW HIGH TOR DR- (TIGARD) 1971 0
RESERVOIR#2-HI-TOR SOUTH 1 MG 14255 SW HIGH TOR DR- (TIGARD) 1990 0
AIS-3668 9.
Business Meeting
Meeting Date: 12/18/2018
Length (in minutes): 15 Minutes
Agenda Title: Consider Changes to the Employment Contracts for the
City Manager and City Attorney
Prepared For: Dana Bennett Submitted By: Kelly
Burgoyne,
Central
Services
Item Type: Motion Requested Meeting Type: Council
Workshop
Mtg.
Public Hearing Yes
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Will Council make changes to the City Manager's contract?
Will Council provide a merit increase to the City Attorney?
STAFF RECOMMENDATION / ACTION REQUEST
City Manager: As a review of the City Managers market position shows her 1.8% behind the
middle of the market and that the City Manager's contract is not in alignment with the
time-off benefits of other directors, staff recommends that Council increase the amount of
administrative leave provided in her contract by 40 hours, changing it from 20 hours to 60
hours per year.
City Attorney: As the City Attorney is on a regular City pay scale, and has not received a merit
increase in the 15months since her start date, staff recommends that Council provide a merit
increase of 12%.
KEY FACTS AND INFORMATION SUMMARY
The City Manager's contract provides guidelines for conducting an annual market study.. The
market study was completed and shows that the current compensation for Tigard's City
Manager is slightly below the middle of the market at -1.8%.In addition, the City Manager's
contract is out of sync internally. Director contracts provide for 60 hours of administrative
time annually, while the City Manager's contract only provides for 20 hours annually.
Administrative time is provided in recognition for night meetings and other commitments
which require time commitments beyond a regular work day for executive level staff. If
Council made this change it would move the City Manager's market position to just above
mid-market, to a positive .4%.
The City Attorney's contract differs in that the position is on a regular pay scale within the
City's pay system. Normally a position on the regular pay scale is eligible for a first merit
increase at six months of service and then every 12 months thereafter. It is typical for merit
increases to range between 0% and 5%, although exceptional performance can warrant a
higher increase. The City Attorney did not receive an adjustment at the six-month date and is
now fifteen months into city service with no adjustment in compensation. In light of that,
staff would recommend that Council provide a merit increase of 12%, with an eligibility for
the next increase December of 2019.
OTHER ALTERNATIVES
Council may provide direction to staff to make no changes in compensation for the
City Manager and City Attorney, or may agree to make changes that are outside of the
recommendations from staff.
COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS
DATES OF PREVIOUS CONSIDERATION
Council met in executive session on November 27, 2018 to review and evaluate the
employment-related performance of the City Manager and City Attorney, as allowed by ORS
192.660(2)(i).
Council met on December 11, 2018 to discuss the options for change in compensation of the
City Manager and City Attorney in open session.
Attachments
No file(s) attached.
SUPPLEMENTALPACKET
FOR
Amendment# 1 (D ATE OF MEETING)
To City Manager Employment Agreement
(2016-2019)
Effective Date: December 18,2018
Between: City of Tigard (the"City")
And: Martha (Marty) Wine ("Employee")
Section 5: Leave Benefits of the Employment Agreement between the City of Tigard and Marty
Wine is hereby amended with the following change to section C to read as follows:
All other terms and conditions of the Employment Agreement and its amendments shall remain in
effect.
Section 3: Compensation
C. The Employee shall accrue an additionalsix days of Paid Time Off above the
levels provided in the Policy in recognition of the additional management leave
currently provided to the Employee above the management leave provided to other
management employees of the City.
Marty Wine,City Manager Mayor John L. Cook
Date Date