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City Council Packet - 01/28/2025 MCITY Of Tigard Business Meeting .., Tigard E N DA TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND JANUARY 28, 2025 - 6:30 p.m. Business Meeting; 8:20 p.m. Executive Session TIME: MEETING LOCATION: Hybrid - City of Tigard -Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 - See PUBLIC NOTICE below PUBLIC NOTICE: In accordance with Oregon House Bill 2560, this will be a hybrid meeting where some Council, staff or public will participate in person and some will participate remotely. How to comment: • Written public comment may be submitted electronically at www.tigard-or.gov/Comments by noon the day before the meeting date. • If attending the meeting in person, please fill out the public comment sign-in sheet at the front of the room and come to the microphone when your name is called. • If you prefer to call in, please call 503-966-4101 when instructed to be placed in the queue. We ask that you plan on limiting your testimony to two minutes. •You may comment by video through the Teams app. Go to this link to learn how to participate by video: January 28, 2025 Council Meeting (https://www.tigard-or.gov/Home/Components/Calendar/Event/7895/372). Upon request, the City will 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 contacting: City Recorder Carol Krager at 503-718-2419 (voice) /carolk@tigard-or.gov, or Deputy City Recorder Jesse Raymundo at 503-718-2417 (voice)/jesse.raymundo@tigard-or.gov, or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast CABLE VIEWERS: The City Council meeting will be shown live on Channel 21 (1st Tuesdays) and Channel 28 (2nd & 4th Tuesdays) at 6:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Friday 10:00 p.m. Saturday 7:30 p.m. Sunday 11:30 a.m. Monday 6:00 a.m. • CITY OF Tigard Business Meeting Tigard G E N DA TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND JANUARY 28, 2025 - 6:30 p.m. Business Meeting; 8:20 p.m. Executive TIME: Session MEETING LOCATION: Hybrid - 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. PROCLAMATIONS AND RECOGNITION 6:35 p.m. estimated time A. HEALTH FOR HUMANITY—YOGATHON 2025 PROCLAMATION 3. PUBLIC COMMENT 6:45 p.m. estimated time A. Public Comment—Written B. Public Comment— In Person C. Public Comment— Phone-In D. Public Comment—Video 4. CITY MANAGER REPORT 6:50 p.m. estimated time 5. CONSENT AGENDA (Tigard City Council): The Consent Agenda is used for routine items including approval of meeting minutes, contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. 00 p.m. estimated time A. COMMUNITY LAND TRUST DOWN PAYMENT ASSISTANCE PROGRAM - CDBG SUBRECIPIENT AGREEMENT B. CONSIDER AUTHORIZATION OF CITY MANAGER TO SIGN GRANT AGREEMENT 6. LEGISLATIVE PUBLIC HEARING: ADOPT FOOD CART DEVELOPMENT CODE CHAPTER 18.450 7:05 p.m. estimated time 7. CAPITAL IMPROVEMENT PLAN UPDATE 7:40 p.m. estimated time 8. NON-AGENDA ITEMS 9. SUPPLEMENTAL QUESTIONS AND ANSWERS 10. EXECUTIVE SESSION: The Town Center Development Agency will go into Executive Session to discuss real property negotiations under ORS 192.660(2) (e). 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. 8:20 p.m. estimated time 11. ADJOURNMENT 8:45 p.m. estimated time AIS-5729 2. A. Business Meeting Meeting Date: 01/28/2025 Length (in minutes): 10 Minutes Agenda Title: Health for Humanity—Yogathon 2025 Proclamation Authored By: Rebecca Hathaway Presented By: Amrut Bagdi Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Participants across all ages, genders, races, ethnicities, nationalities, and faiths are invited to participate in the Yogathon to kickstart the New Year with health awareness and practice. Surya Namaskar is a yogic practice done in reverence to the sun. Research shows several physiological and psychological benefits from Surya Namaskar when practiced regularly. They are performed as a series of 10 physical postures, flowing in a graceful, continuous sequence. The Surya Namaskar Yajna seeks to promote the practice and its benefits among all Americans aspiring for a fit body and balanced mind. Since its inception in 2007, participants from 43 states have actively participated in the Yogathon through Yoga centers, community organizations, schools, and colleges, and also as individuals. Regardless of their faith and belief, these participants have performed over four million Surya Namaskars over the past several years. This is a testament to the success of the Yogathon in achieving diversity and inclusion in communities nationwide while promoting public health and well-being equitably. ACTION REQUESTED Amrut Bagdi from the Hindu Swayamsevak Sanghm, USA Inc (HSS) requested that Mayor Lueb issue a proclamation for Health for Humanity - Yogathon 2025 from January 18 - Feb 2, 2025. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations The Mayor has not previous issued any Yogathon proclamations. Public Involvement The Yogathon encourages a spirit of inclusivity, self-discipline, and volunteerism, making it a meaningful and enriching experience for the Tigard community. Impacts (Community, Budget, Policies and Plans/Strategic Connection) Strengthening community connections ALTERNATIVES & RECOMMENDATION The Mayor could choose not to issue this proclamation, but it is the recommendation of the team to issue it. ADDITIONAL RESOURCES https://www.hssus.org/2023/12/13/hss-announces-17th-annual-health-for-humanity-yogathon/ ' Attachments Yogathon Proclamation Presentation too o :;° a oo y �4 f'{�Va( 35 a �'.'f Z�wt�1' i -{L+:t ti n�^' .,�' i Wait: kt� �Y" € s ?E 4W M:C;�,'hM " a 'F::[ a eab o 000a �f7 �s a..",-. m - � r.7 �c� du" t: xKe ;, �,� s ;�z� T 'k' Pit 10,4 o r,nirg4;5 � � t�t x' $F�✓F�,� � .%.r......uonuso .......... .. ono o...... o .. ..e. w.........ti....on00000a uoo0oao.naoo........,.....00 ,4- I ykr}Fa� nn.m s� ;.,..1_.„.....1,,..7.:,:,,,,..:1,.,:::). ...'.,:;-1:7,--,f':''''..hat46.,475-X1:'-'..::2"::x. 'i'e,:ar.'-‘4';:tii,''''Xj-,-Lc'la.Fli„#5,V4,.'::,..,'-f,--,;4'„ ,,,.--3.. '<:.atif-Arw",a...:F-.,. VI'7.)5:-.i:tji',iL i.:.1:,„:„.=:::::.., -.A.*:4r..; '' 4115 . r.., W41.0: :•::7L:;:.. -fa( Ess° '..r i I- 74. , 716(- ("2/C/Ic(**( 'r41(iriff Aft ,_V I City of Tigard r l ` r: :kir, HEALTH FOR HUMANITY — YOGATHON 2025 '-',' '''::•17:•.: . �It January 18 — February 2, 2025 , 1 Z- WHEREAS, the Health for Humanity—Yogathon serves as an initiative that promotes holistic "R,> � �' n well-being and aligns with the Tigard community's commitment to healthy living; and ► - a X41 WHEREAS, the Yogathon invites Tigard residents of all ages, backgrounds, and abilities to M " participate in a collective effort to embrace physical fitness, mental clarity, and spiritual balance; y' t5.$ tt is and * II .' 6 ,, WHEREAS, the Yogathon has grown into a national movement that fosters unity and `t-°e` awareness of Yoga's transformative power; and ' , * WHEREAS, by integrating Surya Namaskar, a series of 10 Yoga postures with mindful R ; � fil$ , breathing, participants gain immense physical and mental health benefits, promoting a healthier 4'41VNI ` . community; and g : WHEREAS, the Yogathon encourages a spirit of inclusivity, self-discipline, and volunteerism, making it a meaningful and enriching experience for the Tigard community; and �_ '0'' '� '''!,'_i;?..,-: WHEREAS, Tigard's support of this campaign underscores its place in a global initiative that bridges cultures and promotes universal values of wellness and harmony ,,gli',17,,i,6,-;,;:ii. 1,1:::: NOW, THEREFORE, BE IT RESOLVED, I Mayor Heidi Lueb of the City of Tigard, Oregon, do hereby proclaim January 18— February 2, 2025 as ` ,r, *'' � E, HEALTH FOR HUMANITY — YOGATHON 2025 W.,.4Att= .---b. 7:*-i,: max. _; �� Dated this 28th day of January 2025 .5° '74,N=.!,;1 7, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of „.0-.<';k:::.: Tigard to be affixed. � ; , a+P v y 1,,, s trLIK 7Lcate,,,,; . a Heidi Lueb, Mayor i - City of Tigard Attest: r y law,. Carol A. Krager, City Recorder V'° ' �Y � W y s .. C ou.o.ao®ua.......owoua.as aos......®.......00aosoadgoo!.....ono®,..o®0000aoo..00000aaur000avae000000aoanrroa ... S a� 4. 744 iNi y ra �:r. � ic '..��"" ^ � 4 i.`,w ,w, ti -, a -7 9 5w 4"w o i4 4o, a v iq}7 a qvt z+ �',`` Zltt$ �3 E , > lttt8 s° d n. € x?44� C `i'` ,''A 4 Th::'',444$4.---w.,. s ts... -'E ,04, +x°i' 3::.^,,,Tp 3. :, . r L: is 3.,� K` j� `zw. "�e,p/ ff ' yu"�75Z t�m;Yrs,;. :-4„,,..-4,-. . T& Big i1`; .fs;, :wait ,; �d =ogA1k o 1s' a at-i' _ . aa�itki e suhdyci, Itrarrwiskah, Yaw/n-11/(81W) Promoting Health for Humanity by Hindu Education Foundation Ha EF 00r f. a. HINDU EDUCATION FOUNDATION Icebreaker on yoga • What is yoga? • Origin of Yoga? • How old is Yoga? • What language is it? • How many people practice Yoga in US? How old is Yoga ? According to Yogic lore, it is more than 16,000 years old. "Patanjali Yoga Sutras", the oldest text on Yoga is dated between 200 BCE to 200 ACE. It is believed that Patanjali only composed them in written form and that Yoga predates him. Archeological evidence found in Mohenjo Daro (2600 BCE to 1900 BCE), a city in ancient Indus Valley Civilization shows advanced Yogic postures. A seal found in Mohenjo Daro shows a person in advanced yogic posture of Mulabandhasana. I , 7-4;;.74:::,:,. ,, ....449..pt,tfr7 ,,,1 ,01104\ , . E\ ,. ) 41 \ 4 ) 4,44) , 1.11111111111 r ' 4 ", r ':-./ \ ~ / '- 401111.4411111P. / -„ior i -.gr.... 4) IAA, .. Figure 3: Mulabandhasana.Source:www.svahayoga.com Figure 2:Mohenjo-Daro Seal No.222. HEF - A project of HSS, a 501(c3) Organization • Hindu Education Foundation (HEF) is a community partner for educators, designed to enrich the understanding of Hindu culture in America. It provides educational resources and training on Hindu culture for teachers and community leaders. • HEF collaborates with local boards of education as well as textbook publishers by providing them with constructive recommendations to ensure an equitable representation of Hindu Dharma and Indic civilization. SNY Fun Facts • SNY is a nationwide effort since 2007 to create awareness about the health benefits of yoga. • In 2023, o 35+ states and 290+ cities participated. o 13,392 people participated nationwide in "Surya Namaskar Yajna". o Over 4,476 students and teachers participated, 161 yoga teachers were felicitated. o 328,744 "Surya Namaskars" were collectively performed. o Many cities around you have participated (San Jose, Fremont, Sunnyvale, Milpitas, Cupertino) What is Surya Namaskar (Sun Salutations)? Surya Namaskar is a Sun Salutation Yoga ( 10 asanas) that is traditionally performed at dawn, facing toward the rising sun. The routine helps develop all five personality levels: physical, energy, mental, emotional, and spiritual. Sun Salutations provide an opportunity to express gratitude to the sun for supporting life on this planet in addition to promoting good health. This is a complete body workout that boosts flexibility, strength & stamina. - . - • 1 SN Y at Schools w.. .,, I r Ilk -4 . „., f .' 1 • iik 1 n ii• • ‘.' ,, 1.114.• . gm *,'.•., "Its..-_-_—•°4-ft-- __ St 1°.,... ' '.\),........•- -,- -10'`• WI- . • . - , N... ,,- ..4., --. --- ---.....„,..-- .... .iv.., . . . i• , IF 1 , ..:,. . .— ... s .. , . S. '.. _ 1 „... • . --: dal A ,.\ --,. ,.......: ,. ,......• _...- ., ,,.... : ,. .• ••,. : ., . • -...., ,, ,. : . • ...,-- . ... • .. . •, , , . . . . , . • ... .. , ' • •' . , , ,. .„.. • ..,. , ,. , . 7 ' ”-'' 4•'•••• •• •I ••,, ,,, . , ' .. ,•.•;''' ;•:/ Ir ,l'' , . r , „ r r Why do we perform SNY in January? Every January, Hindus celebrate the day that marks the change of season as the sun enters the sign of Capricorn as Makara Sankranti. It ushers in longer days and winter is being relieved gradually - thus, the festivity symbolizes sunshine in life. To mark this occasion, we have organized the "Yoga for Health, Health for Humanity" Yogathon from ary : to Februa Benefits of Surya Namaskar • Increases concentration, memory learning ability and immunity. • Reduces tension, stress and anxiety. • Tones all body muscles and joints. • Strengthens spine and is a good exercise for your nervous system. • Increases the capacity of lungs. • Regulates sleep & digestive disorders When do we practice Surya Namaskar? / I You can practice at anytime of the day. I5161 The best time to practice Surya Namaskar is early in the morning on an empty stomach during Sun rise. You may or may not see the sun based on the location of your practice. Who should not practice Surya Namaskar? • Back injury • Blood pressure problems • Heart problems • Arthritis • Wrist injury Sun Salutation - The 10 Asanas Prayer pose (Pranamasana) Surya Namaskar-Position : Join the heels, hands on the side, fingers facing down and palm open. Join the toes. Join your hands to form Namaste position, palms should be pressing against each other and the thumb joint should be at sternum In this posture, breathing is normal and slow. Raised Arms pose (Hasta Uttanasana) Step One: As you breathe in... Slowly raise your hands with biceps touching the ears and hands in Namaste posture. Slowly bend backward from your waist. Look towards your palm. Hand to Foot pose (Hasta Padasana) Step Two: While breathing out... Slowly bend forward from the waist. Try to touch your palm to the floor on either side of your legs. Do not bend the knees. , '4 41/4„... L.Li Try to get your nose touch the knees. People with back problems should not do L \41: this posture and bend only as much it is comfortable. Equestrian Pose (Ashwa Sanchalanasana) Step Three: As you breathe in, take your left foot back. Left knee should touch the floor. Two palms should be completely on the ground and the right foot should be in between the two hands. Fingers should be pointing to the front. Lean forward on the right knee and look up. { 1/ Plank Pose (Dandasana) While breathing out... Take right foot back and join with left foot. Arms should be Step straight and most of your weight will be on Four : the arms. The body should be in one plane like a slide. • • . i Eight Points Salute (Ashtanga Namaskara) Step Five : Bend your arms and touch your feet, knees, chest and forehead to the ground. Do not touch abdomen or nose (you don't want to breathe in the dust!) \. . .*. fi iii Cobra Pose (Bhujangasana) Step Six: As you breathe in... Come forward and bend back as much as you can. Abdomen should come between your hands. Look up at the ceiling and have both legs close to join. • •, Downward Facing Dog Pose (Adho Mukha Svanasana) Step Seven : While breathing out... Form a mountain-like posture. Push your chin towards the chest and try to get your heels touch the floor. • L Equestrian Pose (Ashwa Sanchalanasana) As you breathe in, bring your left foot forward all the way between the hands. Exactly like step three. 1\15 l . 1 � Hand to Foot pose (Hasta Padasana) • Step Nine : •' While breathing out...Bring the right foot forward and stand up as shown in thep icture. \ . 01 1 1/ ' .4 • titi Prayer pose (Pranamasana) 1 Step Ten Back to the initial Surya Namaskar position :) Fun Quiz Benefits of Surya Namaskar (Sun Salutation) Name any one posture Which was your favorite posture?. Surya Namaskar exercises approximately what percentage of body's muscle groups a) greater than 90% b) 70 to 90 c) 50 to 70% d) less than 50% DHANYA WAD Thank you https://hindueducation.ora/ AGENDA ITEM NO. 3.B - PUBLIC COMMENT DATE: January 28, 2025 (Limited to 2 minutes or less, please) 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 cities of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes,which is a public record. Please review the "Tigard City Council Protocol for Public Comment." NAME&CITY YOU LIVE IN TOPIC Please Print Name ` '1 l- City , epi Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff, please leave your r>i contact information: e�{� Check one: Phone or email [`� ` t �' C kov For\j 1 Against E Neutral LI Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff, please leave your contact information: Check one: Phone or email For❑ Against ❑ Neutral ❑ Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff, please leave your contact information: Check one: Phone or email For ❑ Against❑ Neutral ❑ Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff, please leave your contact information: Check one: Phone or email For❑ Against❑ Neutral ❑ AIS-5738 5. A. Business Meeting Meeting Date: 01/28/2025 Length (in minutes): Consent Item Agenda Title: Community Land Trust Down Payment Assistance Program - CDBG Subrecipient Agreement Authored By: Rosie McGown Presented By: Schuyler Warren Item Type: Public Hearing Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Assistant Community Development Director Warren is seeking City Council approval for the Community Land Trust Down Payment Assistance Program - CDBG Subrecipient Agreement. ACTION REQUESTED Teammates recommend the Council award the amount of$2,667,500 over three years to Proud Ground for the Community Land Trust Down Payment Assistance Program and direct the City Manager to take the steps necessary to execute an agreement to this effect. BACKGROUND INFORMATION Proud Ground is the Pacific Northwest's largest community land trust, and the only one operating in the Portland Metro area. The organization serves Multnomah, Clackamas, Washington, and Lincoln counties in Oregon, and Clark County (Vancouver) in Washington. A community land trust (CLT) creates permanently affordable homeownership opportunities for families and individuals with low and moderate incomes. The CLT provides a subsidy in the form of down payment assistance for the purchase of a home. This assistance reduces the amount of mortgage required for a home purchase, making the monthly payment affordable for the individual purchasing the home. The CLT maintains permanent affordability by retaining partial ownership of the underlying property— the client owns the home while the CLT owns the land. Any resale must be to a qualifying low-to moderate-income family. The homeowner is able to build equity and some increase in value while affordability is maintained and protected. Participation in the Proud Ground CLT program through this down payment subsidy is a key strategy outlined in the city's adopted Comprehensive Plan Goal 10, the adopted Affordable Housing Plan, and is in alignment with the equity initiatives of the city's adopted Strategic Plan. This program is primarily funded by the City of Tigard Construction Excise Tax, and supplemented with federal Community Development Block Grant (CDBG) funds received though the city's CDBG agreement as a sub-recipient of Washington County. In November 2021, the Local Contract Review Board (LCRB) awarded Proud Ground a one-year, $520,000 contract for down payment assistance. That program resulted in the purchase of four homes that are now protected as permanently affordable units through the land trust. Based on the success of the program, the city expanded its relationship with Proud Ground and entered into a five-year, $3,000,000 agreement. In the first two years of this agreement, Proud Ground provided down payment assistance to three families and added three Tigard homes to their portfolio of permanently protected, affordable homeownership units. Challenges in the current housing market (low stock and higher interest rates) have slowed the program. However, Proud Ground has identified additional funding sources that augment this subsidy for home purchasers, helping to alleviate some of this pressure. The previous contracts were awarded to Proud Ground by the LCRB under Tigard Public Contracting Rules (PRC) 10.070 Single Seller of a Product. Since that time, the city has reexamined the nature of the relationship with Proud Ground due to the associated federal funding, and determined the relationship with Proud Ground constitutes a sub-recipient relationship (grantee), instead of a contractor relationship. This determination was made utilizing the AGA (formerly Association of Government Accountants) "Subrecipient vs Contractor Checklist". This checklist is intended to help federal fund recipients make a judgment whether each agreement made for the disbursement of federal program funds casts the entity receiving the funds in the role of a sub-recipient or a contractor. Based on 2 CFR Chapter I, Chapter II, Part 200 et al. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), issued by the U.S. Office of Management and Budget (OMB). This distinction is important to ensure federal compliance and requires the city to replace our existing Personal Services Contract with a Sub-recipient Agreement. This new agreement addresses a Washington County finding in our Community Development Block Grant (CDBG) agreement as a sub-recipient for the federal funds. While the form of the agreement has changed, the fundamental relationship and project goals remain unchanged since Council's previous approvals. Dates of Previous Consideration: Previous LCRB approval: November 16, 2021—Approval of a one-year, $520,000 contract. The contract has been completed. January 10, 2023—Approval of a five-year, $3,000,000 contract. The contract is being replaced with a sub-recipient agreement equal to the remaining time and amount. ALTERNATIVES & RECOMMENDATION The Council may choose not to award this sub-recipient agreement and end the Community Land Trust Down Payment Assistance Program. Teammates in Community Development and Finance recommend the Council approve the program and CDBG sub-recipient agreement. ADDITIONAL RESOURCES Fiscal Impact Cost: $2,667,500 Budgeted (yes or no): Yes Where budgeted?: 212—Construction Excise Tax Fund Additional Fiscal Notes: Each fall, an agreement with Washington County documents the CDBG award to the City of Tigard. The annual CDBG award has historically been around $120,000 to $140,000, but is determined by Washington County's upon receipt of their annual federal award. These federal funds are utilized first with any subsequent home purchases funded by the Construction Excise Tax. Attachments No file(s) attached. AIS-5740 5. B. Business Meeting Meeting Date: 01/28/2025 Length (in minutes): Consent Item Agenda Title: Consider Authorization of City Manager to Sign Grant Agreement Authored By: Sean Farrelly Presented By: Sean Farrelly Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE In 2024, the city successfully advocated for state funding to assist with costs for the required infrastructure for Community Partners for Affordable Housing's (CPAH) Woodland Hearth project. The grant agreement with the state sets the conditions for the City to pass through the $1.566M in funds to CPAH. ACTION REQUESTED Council is requested to make a motion to authorize the City Manager to sign the grant agreement with the Oregon's Business Development Department and take steps necessary to effectuate the grant agreement. BACKGROUND INFORMATION The Woodland Hearth site is a currently vacant 1.46-acre property. Community Partners for Affordable Housing (CPAH), a non-profit developer, intends to begin construction of 63 affordable units in early 2025. The project will consist of units serving a range of households at 60% of AMI or below, including twenty-six deeply affordable units for households earning 30%Area Median Income (AMI) or below. Forty units (63.5%) are family-sized (2-plus bedrooms), including nineteen 3-bedroom units and four 4-bedroom units. There will be twenty-two units of permanent supportive housing. These units will remain affordable for a minimum of 60 years. Total project costs are estimated at $47.4 million. The 2024 Oregon Legislature enacted SB 1530, appropriating funds to the Oregon Business Development Department (Business Oregon) for the purpose of stormwater and sewer infrastructure development costs related to housing development throughout Oregon. One of the appropriations was to the City of Tigard for CPAH's Woodland Hearth project. The appropriation in SB 1530 for $1,566,000 will be used for the sewer and stormwater infrastructure necessary for the project. Due to its location away from nearby sewer and water facilities, the project has higher than average costs (requiring easements, and additional construction expenses). Pursuant to SB 1530, the funds are appropriated to Business Oregon, to be paid to the City for the Project's infrastructure. The grant agreement sets forth that the City will reimburse CPAH for eligible expenses incurred by CPAH's project. The City will administer the Oregon Business grant to verify that the funds are used for construction, oversight and administration of the Project's infrastructure. The City and CPAH have signed an agreement outlining their responsibilities. The Tigard Town Center Development Agency previously approved an assistance agreement for the project: On April 27, 2021, the TCDA Board approved the TCAC recommended $500,000 in development assistance for the project. This award was in the form of a forgivable loan and was used to help CPAH acquire the property. On October 15, 2024 the TCDA Board approved $500,000 in development assistance to pay down Systems Development Charges for the project. ALTERNATIVES & RECOMMENDATION Staff recommends that City Council authorize the City Manager to sign the grant agreement with Business Oregon. ADDITIONAL RESOURCES N/A Fiscal Impact Cost: $1,566,000 Budgeted (yes or no): no Where Budgeted (department/program): Not budgeted Additional Fiscal Notes: The $1.566M grant award will be made to the City, who will reimburse Community Partners for Affordable Housing for authorized infrastructure costs as outlined in an agreement. Attachments Grant Agreement GRANT AGREEMENT Project Name: Sewer& Stormwater Infrastructure Improvements for Housing Development Project Number: C2024522 This grant agreement("Contract"), dated as of the date the Contract is fully executed, is made by the State of Oregon, acting by and through its Oregon Business Development Department("OBDD"), and the City of Tigard("Recipient") for financing of the project referred to above and described in Exhibit B ("Project"). This Contract becomes effective only when fully signed and approved as required by applicable law. Capitalized terms not defined in Section 1 and elsewhere in the body of the Contract have the meanings assigned to them by Exhibit A. This Contract includes the following, listed in descending order of precedence for purposes of resolving any conflict between two or more of the parts: This Contract less Exhibits Exhibit A General Definitions Exhibit B Project Description Exhibit C Project Budget Pursuant to ORS 285A.075(3) and Oregon Laws 2024, Chapter 109, Section 9(38) (the "Act" aka SB 1530 (2024)), OBDD is authorized to enter into a grant agreement with Recipient to assist in financing the costs of the Project to support the development of housing. SECTION 1-KEY TERMS The following capitalized terms have the meanings assigned below. Estimated Project Cost: $2,319,567. Grant Amount: $1,566,000. Project Close-Out Deadline: 90 days after the earlier of the Project Completion Date or the Project Completion Deadline. Project Completion Deadline: June 30, 2025, unless extended by an amendment of the Parties, and for which OBDD shall not unreasonably withhold approval of such an amendment. Such an amendment extension shall be conditioned upon appropriation and expenditure authority carry-over extension of the Financing Proceeds by the Oregon Legislative Assembly. SECTION 2-FINANCIAL ASSISTANCE OBDD shall provide Recipient, and Recipient shall accept from OBDD, a grant(the "Grant") in an aggregate amount not to exceed the Grant Amount. Notwithstanding the Grant Amount, the aggregate total of Financing Proceeds disbursed under this Contract cannot exceed the Costs of the Project. Conditions Precedent. OBDD's obligations are subject to the receipt of the following items, in form and substance satisfactory to OBDD and its Counsel: (1) This Contract duly signed by an authorized officer of Recipient; and (2) Such other certificates, documents, opinions and information as OBDD may reasonably require. C2024522_Tigard_Contract Page 1 of 13 SECTION 3-DISBURSEMENTS A. Disbursement Method. (1) Reimbursement Basis. The Financing Proceeds will be disbursed to Recipient on an expense reimbursement or costs-incurred basis. Recipient must submit each disbursement request for the Financing Proceeds on an OBDD-provided or OBDD-approved disbursement request form ("Disbursement Request"). (2) Advanced Payment. Notwithstanding, Section 3A.(1), the Financing Proceeds of any remaining Grant Amount may be disbursed to Recipient as an advanced payment if OBDD, in its sole discretion, determines it has not received timely appropriation and expenditure authority carry-over extension of the Financing Proceeds by the Oregon Legislative Assembly. B. Financing Availability. OBDD's obligation to make, and Recipient's right to request, disbursements under this Contract terminate on the Project Close-out Deadline. C. Conditions to Disbursements. As to any disbursement, OBDD has no obligation to disburse funds unless all following conditions are met: (1) There is no Event of Default. (2) The representations and warranties made in this Contract are true and correct on the date of disbursement as if made on such date. (3) OBDD, in the reasonable exercise of its administrative discretion, has sufficient funding, appropriations, limitations, allotments and other expenditure authority to make the disbursement. (Recipient acknowledges OBDD's appropriation and expenditure authority for this Grant presently expires on June 30, 2025; OBDD will seek a carry-over extension in the 2025 Oregon Legislative Session.) (4) Reserved. (5) OBDD (a) has received a completed Disbursement Request, (b) has received any written evidence of materials and labor furnished to or work performed upon the Project, itemized receipts or invoices for payment, and releases, satisfactions or other signed statements or forms as OBDD may require, (c) is satisfied that all items listed in the Disbursement Request are reasonable and that the costs for labor and materials were incurred and are properly included in the Costs of the Project, and(d) has determined that the disbursement is only for costs defined as eligible costs under the Act and any implementing administrative rules and policies. OBDD may waive the requirements of this provision if an Advanced Payment disbursement method is used, and OBDD may instead require additional reporting requirements documenting the expenditures of the Financing Proceeds. (6) Recipient has delivered documentation satisfactory to OBDD that, in addition to the Financing Proceeds, Recipient has available or has obtained binding commitments for all funds necessary to complete the Project. (7) Any conditions to disbursement elsewhere in this Contract are met. SECTION 4-USE OF FINANCIAL ASSISTANCE A. Use of Proceeds. Recipient shall use the Financing Proceeds only for the activities described in Exhibit B and according to the Project Budget in Exhibit C. Recipient may not transfer Financing Proceeds among line items in the Project Budget without the prior written consent of OBDD. C2024522_Tigard_Contract Page 2 of 13 B. Costs of the Project. Recipient shall apply the Financing Proceeds to the Costs of the Project in accordance with the Act and Oregon law, as applicable. Financing Proceeds cannot be used for costs in excess of one hundred percent(100%) of the total Costs of the Project and cannot be used for pre- award Costs of the Project. C. Costs Paid for by Others. Recipient may not use any of the Financing Proceeds to cover costs to be paid for by other financing for the Project, whether from OBDD or from another State of Oregon agency or any third party. D. Unexpended Grant Moneys. Any Grant moneys disbursed to Recipient, and any interest earned by Recipient on the Grant moneys, that are not used as set out herein or that remain after the Project is completed or this Contract is terminated shall be immediately returned to OBDD. SECTION 5-REPRESENTATIONS AND WARRANTIES OF RECIPIENT Recipient represents and warrants to OBDD: A. Estimated Project Cost, Funds for Repayment. A reasonable estimate of the Costs of the Project is shown in Section 1, and the Project is fully funded. B. Organization and Authority. (1) Recipient is a Municipality as defined in ORS 285B.410(9), and validly organized and existing under the laws of the State of Oregon. (2) Recipient has all necessary right, power and authority under its organizational documents and under Oregon law to (a) execute and deliver this Contract, (b) incur and perform its obligations under this Contract, and(c) receive financing for the Project. (3) This Contract has been authorized by an ordinance, order or resolution of Recipient's governing body that was adopted in accordance with applicable law. (4) This Contract has been duly executed by Recipient, and when executed by OBDD, is legal, valid and binding, and enforceable in accordance with their terms. C. Full Disclosure. Recipient has disclosed in writing to OBDD all facts that materially adversely affect the Project, or the ability of Recipient to perform all obligations required by this Contract. Recipient has made no false statements of fact, nor has it omitted information necessary to prevent any statements from being misleading. The information contained in this Contract, including Exhibit B and Exhibit C, is true and accurate in all respects. D. Pending Litigation. Recipient has disclosed in writing to OBDD all proceedings pending (or to the knowledge of Recipient, threatened) against or affecting Recipient, in any court or before any governmental authority or arbitration board or tribunal, that, if adversely determined, would materially adversely affect the Project or the ability of Recipient to perform all obligations required by this Contract. E. No Events of Default. (1) No Events of Default exist or occur upon authorization, execution or delivery of this Contract. (2) Recipient has not violated, and has not received notice of any claimed violation of, any agreement or instrument to which it is a party or by which the Project or its property may be bound, that would materially adversely affect the Project or the ability of Recipient to perform all obligations required by this Contract. C2024522_Tigard_Contract Page 3 of 13 F. Compliance with Existing Agreements and Applicable Law. The authorization and execution of, and the performance of all obligations required by, this Contract will not: (i) cause a breach of any agreement or instrument to which Recipient is a party or by which the Project or any of its property or assets may be bound; (ii) violate any provision of the charter or other document pursuant to which Recipient was organized or established; or(iii) violate any laws, regulations, ordinances, resolutions, or court orders related to Recipient, the Project or its properties or operations. G. Compliance with Tax Laws. Recipient is not in violation of any Oregon tax laws, including but not limited to a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and local taxes administered by the Department of Revenue under ORS 305.620. H. Governmental Consent. Recipient will obtain or will ensure all permits and approvals are obtained, and has made or will ensure that all notifications, declarations, filings or registrations, required for the making and performance of obligations under this Contract and the undertaking and completion of the Project are completed. SECTION 6-COVENANTS OF RECIPIENT Recipient covenants as follows: A. Notice of Adverse Change. Recipient shall promptly notify OBDD of any adverse change in the activities, prospects or condition(financial or otherwise) of Recipient or the Project related to the ability of Recipient to perform all obligations required by this Contract. B. Compliance with Laws. Recipient shall comply, and shall ensure that any entity that works on the Project on behalf of Recipient complies, with all applicable laws, rules, regulations and orders of any court or governmental authority that relate to this Contract and the Project. In particular, but without limitation, Recipient shall comply and shall ensure that any entity that works on the Project on behalf of Recipient complies, with the following, as applicable: (1) Oregon Tax Laws, (as defined in Section 5.G). (2) State procurement regulations found in the Oregon Public Contracting Code, ORS Chapters 279A, 279B and 279C. (3) Prevailing Wage Requirements. (a) Recipient shall comply with state prevailing wage law as set forth in ORS 279C.800 through 279C.870, and the administrative rules promulgated thereunder(OAR Chapter 839, Division 25) (collectively, state "PWR"). This includes but is not limited to imposing an obligation that when PWR applies to the Project, contractors and subcontractors on the Project must pay the prevailing rate of wage for workers in each trade or occupation in each locality as determined by the Commissioner of the Bureau of Labor and Industries ("BOLI") under ORS 279C.815. (b) When the federal Davis-Bacon Act applies to the Project, contractors and subcontractors on the Project must pay the prevailing rate of wage as determined by the United States Secretary of Labor under the Davis-Bacon Act(40 U.S.C. 3141 et seq.). (c) Notwithstanding (3)(a) and(3)(b) above, when both PWR and the federal Davis-Bacon Act apply to the Project, contractors and subcontractors on the Project must pay a rate of wage that meets or exceeds the greater of the rate provided in(3)(a) or(3)(b) above. C2024522_Tigard_Contract Page 4 of 13 (d) When PWR applies, Recipient and its contractors and subcontractors shall not contract with any contractor on BOLI's current List of Contractors Ineligible to Receive Public Works Contracts. (e) When PWR applies, Recipient shall be responsible for both providing the notice to the BOLI Commissioner required by ORS 279C.835 and the payment of any prevailing wage fee(s) required under ORS 279C.825 and BOLI's rules, including OAR 839-025-0200 to OAR 839-025-0230. For avoidance of any doubt,Recipient contractually agrees to pay applicable prevailing wage fees for the Project rather than OBDD, the public agency providing Financing Proceeds under this Contract. (f) Pursuant to ORS 279C.817, Recipient and any contractors or subcontractors may request that the BOLI Commissioner make a determination about whether the Project is a public works on which payment of the prevailing rate of wage is required under ORS 279C.840 (i.e. whether PWR applies). These laws, rules, regulations and orders are incorporated by reference in this Contract to the extent required by law. C. Project Obligations. Recipient shall comply with the following and as applicable shall ensure that any entity that works on the Project on behalf of Recipient complies with the following: (1) When procuring professional consulting services,provide OBDD with copies of all solicitations at least 10 days before advertising, and all contracts at least 10 days before signing. Provide OBDD with copies of all plans and specifications relating to the Project, and a timeline for the bidding/award process, at least ten(10) days before advertising for bids. (2) Provide a copy of the bid tabulation and notice of award to OBDD within ten (10) days after selecting a construction contractor. (3) Permit OBDD to conduct inspection of the Project at any time. (4) Complete the Project using its own fiscal resources or money from other sources to pay for any Costs of the Project in excess of the total amount of financial assistance provided pursuant to this Contract. (5) Complete the Project no later than the Project Completion Deadline, unless otherwise permitted by OBDD in writing. (6) Provide status reports to OBDD for the Project bi-annually on a form provided for or approved by OBDD. Reports are due January 30 (for the period May 16—December 31) and June 1 (for the period January 1 —May 15) each year until the final project completion report detailed in subsection (7) below is accepted by OBDD or until this Contract is terminated. Status reports shall include a minimum of the following: (a) an updated Estimated Project Cost; (b) any revisions to the Project description(may require Contract Amendment); (c) updated totals for state and local government Project financing support, noting grant and loan amounts and program names; (d) an updated list of other sources of financing anticipated to complete the Project, noting grant and loan amounts and program names and noting whether they have been secured or are pending; C2024522_Tigard_Contract Page 5 of 13 (e) an updated estimated Project completion timeline; (f) an updated number of existing and additional/new housing estimated to be served by the completed Project; and (g) an updated number of units anticipated to be served by the completed Project that will be affordable housing units along with their respective anticipated area median income restriction. (7) No later than the Project Closeout Deadline, provide OBDD with a final project completion report on a form provided by OBDD, including Recipient's certification that the Project is complete, all payments are made, and no further disbursements are needed; provided however, for the purposes of this Contract, OBDD will be the final judge of the Project's completion. (8) Obtain and maintain as-built drawings for all facilities constructed as part of the Project. D. Ownership of Project and Continued Use of the Project. (1) Except as provided under Section 6.D.(2) below, during the Project and for not less than ten years following the Project Close-Out Deadline, the Project shall be owned by the Recipient and used for its intended purposes. (2) Notwithstanding Section 6.D.(1) above, OBDD consents to the transfer of all or a portion of the Project's property paid for with the Grant to Community Partners for Affordable Housing or one or more other owners(individually or collectively, "Subsequent Owner"), subject to the following conditions: (a) Recipient provides written notice to OBDD of the transfer of ownership at least 10 days before the proposed transfer, including the name and contact information of the Subsequent Owner, and a description of the property to be transferred; and(b) with any such transfer to a Subsequent Owner, Recipient shall require of the respective Subsequent Owner that during the Project and for a period of not less than ten years following the Project Close-Out Deadline, the Project property transferred will continue to be used for its intended purposes. E. Operation and Maintenance of the Project. Recipient shall ensure that the Project is operated and maintained in good repair and operating condition so as to preserve the long term public benefits of the Project, including making of all necessary and proper repairs, replacements, additions, and improvements during the Project and for not less than ten years following the Project Close-Out Deadline. On or before the Project Closeout Deadline, Recipient shall ensure a plan is adopted that is acceptable to OBDD for the on-going operation and maintenance of the Project without reliance on OBDD financing and furnish OBDD, at its request, with evidence of such adoption. The plan must include measures for generating revenues sufficient to assure the operation and maintenance of the Project during the usable life of the Project. F. Insurance, Damage. During the Project and for a period of not less than ten years following the Project Close-Out Deadline, Recipient shall maintain, or cause to be maintained, insurance policies with responsible insurers or self-insurance programs, insuring against liability and risk of direct physical loss, damage or destruction of the Project, at least to the extent that similar insurance is customarily carried by governmental units constructing, operating and maintaining similar facilities. Nothing in this provision precludes Recipient from exerting a defense against any party other than OBDD, including a defense of immunity. G. Sales, Leases and Encumbrances. During the Project and for a period of not less than ten years following the Project Close-Out Deadline, except as specifically described in Exhibit B (Project Description) or Section 6D., Recipient shall ensure that the Project or any substantial portion of or interest in the Project is not sold, leased, exchanged, abandoned, transferred or otherwise disposed of, unless worn out, obsolete, or, in the reasonable business judgment of Recipient, no longer useful C2024522_Tigard_Contract Page 6 of 13 in the operation of the Project. Nevertheless, OBDD may consent to such disposition if it has received 90 days' prior written notice from Recipient. H. Books and Records. Recipient shall ensure accurate books and records are kept and maintained according to generally accepted accounting principles and Recipient shall ensure that any Subsequent Owner of the Project also keeps accurate books and records related to the Project and Project property for not less than ten years following the Project Close-Out Deadline. I. Inspections; Information. Recipient shall ensure that OBDD and any party designated by OBDD is permitted to: (i) inspect, at any reasonable time, the property, if any, constituting the Project; and(ii) at any reasonable time, inspect and make copies of any accounts, books and records, including, without limitation, its records or any Subsequent Owner's records regarding receipts, disbursements, contracts, investments and any other related matters. Recipient shall supply and ensure any Subsequent Owners supply any related reports and information as OBDD may reasonably require. J. Records Maintenance. Recipient shall ensure that all books, documents,papers, and records that are directly related to this Contract, the Project, the Project property or the Financing Proceeds are retained and kept accessible, including those held by Subsequent Owners, for a minimum of ten years, or such longer period as may be required by other provisions of this Contract or applicable law, following the Project Closeout Deadline. If there are unresolved issues at the end of such period, Recipient shall ensure that the books, documents, papers and records are retained until the issues are resolved. K. Economic Benefit Data. OBDD may require Recipient to submit specific data on the economic development benefits of the Project and other information to evaluate the success and economic impact of the Project, from the date of this Contract until six years after the Project Completion Date. Recipient shall, at its own expense, prepare and submit the data within the time specified by OBDD. L. Disadvantaged Business Enterprises. ORS 200.090 requires all public agencies to "aggressively pursue a policy of providing opportunities for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran owned businesses and emerging small businesses..." OBDD encourages Recipient in any contracting activity to follow good faith efforts as described in ORS 200.045, available at https://www.oregonlegislature.gov/bills_laws/ors/ors200.html. Additional resources are provided by the Governor's Policy Advisor for Economic and Business Equity. Also, the Certification Office for Business Inclusion and Diversity at the Oregon Business Development Department maintains a list of certified firms and can answer questions. Search for certified MWESB firms on the web at: http s://oregon4biz.diversitysoftware.com/FrontEnd/S earchCertifiedDirectory.asp?XID=2315&TN=o regon4biz. M. Professional Responsibility. A professional engineer or architect, as applicable, registered and in good standing in Oregon, will be responsible for any construction design for the Project. All service providers retained for their professional expertise must be certified, licensed, or registered, as appropriate, in the State of Oregon for their specialty. Recipient shall ensure all standard construction practices are followed, such as bonding requirements for construction contractors, requiring errors and omissions insurance, and performing testing and inspections during construction. N. Notice of Event of Default. Recipient shall give or ensure OBDD is given prompt written notice of any Event of Default, or any circumstance that with notice or the lapse of time, or both, may become an Event of Default, as soon as Recipient becomes aware of its existence or reasonably believes an Event of Default is likely. Recipient shall require any Subsequent Owners to give Recipient prompt C2024522_Tigard_Contract Page 7 of 13 written notice of any Event of Default, or any circumstance that with notice or the lapse of time, or both, may become an Event of Default. O. (1) Contributory Liability and Contractor/Subsequent Owner Indemnification—Tort Claims. (a) If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third-Party Tort Claim") against a party to this Contract(the "Notified Party") with respect to which the other party may have liability, the Notified Party must promptly notify the other party in writing and deliver a copy of the claim, process, and all legal pleadings related to the Third-Party Tort Claim. Either party is entitled to participate in the defense of a Third-Party Tort Claim, and to defend a Third-Party Tort Claim with counsel of its own choosing. The foregoing provisions are conditions precedent for either party's liability to the other in regards to the Third-Party Tort Claim. If the parties are jointly liable (or would be if joined in the Third-Party Tort Claim), the parties shall contribute to the amount of expenses (including attorneys' fees),judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable in such proportion as is appropriate to reflect their respective relative fault. The relative fault of the parties shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments, fines or settlement amounts. Each party's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if that party had sole liability in the proceeding. This Section shall survive termination of this Contract. (b) Recipient shall take all reasonable steps to require its contractor(s) and Subsequent Owners that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon and its officers, employees and agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys' fees) arising from a tort(as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Recipient's contractor or any of the officers, agents, employees or subcontractors of the contractor("Contractor Tort Claims"). It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Contractor Tort Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Contractor Tort Claims. This Section shall survive termination of this Contract/Agreement. (2) Indemnity; Release—Claims Other Than Torts. (a) Except for Third-Party Tort Claims and Contractor Tort Claims as provided in Section 6.(0)(1) above, to the extent authorized by law, Recipient shall defend, indemnify, save and hold harmless and release the State, OBDD, and their officers, employees and agents from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liability and court awards including but not limited to costs, expenses, and reasonable attorneys' fees incurred(collectively, "Non-Tort Claims"), related to any actual or allected act or omission by Recipient, or its officers, employees, contractors, or agents in connection with this Agreement, the Project, PWR or Davis-Bacon Act requirements, including without limitation, any expenses incurred or amounts paid in connection with an inquiry, investigation, audit or similar proceeding by BOLI, the U.S. Department of Labor, the Internal Revenue Service, Treasury and any other federal, state, governmental or quasi- C2024522_Tigard_Contract Page 8 of 13 governmental body with regulatory jurisdiction arising from the Project or the actions or omissions of Recipient, or its officers, employees, contractors, or agents. (b) Notwithstanding the foregoing, neither Recipient nor any attorney engaged by Recipient may defend any Non-Tort Claim in the name of the State of Oregon, nor purport to act as legal representative for the State of Oregon, without first receiving from the Oregon Attorney General in a form and manner determined appropriate by the Oregon Attorney General, authority to act as legal counsel for the State of Oregon, nor may Recipient settle any Non- Tort Claim on behalf of the State of Oregon without the approval of the Oregon Attorney General. If the State of Oregon assumes its own defense, Recipient will be liable for the attorney fees of the State of Oregon, including but not limited to any fees charged by the Oregon Department of Justice. The provisions of this section are not to be construed as a waiver by the State of Oregon, OBDD, of any immunity, defense or limitation on damages provided for under Chapter 30 of the Oregon Revised Statutes or under the laws of the United States or other laws of the State of Oregon. If attorney fees are awarded to Recipient, such attorney fees shall not exceed the rate charged to OBDD by its attorneys. SECTION 7—DEFAULTS Any of the following constitutes an"Event of Default": A. Any false or misleading representation is made by or on behalf of Recipient, in this Contract or in any document provided by Recipient related to this Grant or the Project . B. Recipient fails to perform any obligation required under this Contract, other than those referred to in subsection A of this section 7, and that failure continues for a period of 30 calendar days after written notice specifying such failure is given to Recipient by OBDD. OBDD may agree in writing to an extension of time if it determines Recipient instituted and has diligently pursued corrective action. SECTION 8-REMEDIES A. Remedies. Upon any Event of Default, OBDD may pursue any or all remedies in this Contract and any other remedies available at law or in equity to enforce the performance of any obligation of Recipient. Remedies may include, but are not limited to any one or more of the following: (1) Terminating OBDD's commitment and obligation to make the Grant or disbursements of Financing Proceeds under the Contract. (2) Barring Recipient from receiving future awards. (3) Withholding amounts otherwise due to Recipient for application to the payment of amounts due under this Contract. (4) Requiring repayment of the Grant and all interest earned by Recipient on those Grant funds. (5) Terminating the Contract. B. Application of Moneys. Any moneys collected by OBDD pursuant to section 8.A will be applied first, to pay any attorneys' fees and other fees and expenses incurred by OBDD; then, as applicable, to repay any Grant proceeds owed; then, to pay other amounts due and payable under this Contract, if any. C2024522_Tigard_Contract Page 9 of 13 C. No Remedy Exclusive; Waiver; Notice. No remedy available to OBDD is intended to be exclusive, and every remedy will be in addition to every other remedy. No delay or omission to exercise any right or remedy will impair or is to be construed as a waiver of such right or remedy. No single or partial exercise of any right power or privilege under this Contract will preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. OBDD is not required to provide any notice in order to exercise any right or remedy, other than notice required in section 7 of this Contract. D. Default by OBDD. In the event OBDD defaults on any obligation in this Contract, Recipient's sole remedy will be for disbursement of Financing Proceeds for Costs of the Project, not to exceed the Grant Amount, less any claims OBDD has against Recipient. SECTION 9-MISCELLANEOUS A. Time is of the Essence. Recipient agrees that time is of the essence under this Contract. B. Relationship of Parties; Successors and Assigns; No Third Party Beneficiaries. (1) The parties agree that their relationship is that of independent contracting parties and that Recipient is not an officer, employee, or agent of the State of Oregon as those terms are used in ORS 30.265. (2) Nothing in this Contract gives, or is to be construed to give, directly or indirectly, to any third persons any rights and benefits greater than those enjoyed by the general public. (3) This Contract will be binding upon and inure to the benefit of OBDD, Recipient, and their respective successors and permitted assigns. (4) Except as provided in Section 6.D.(2), Recipient may not assign or transfer any of its rights or obligations or any interest in this Contract without the prior written consent of OBDD. OBDD may grant, withhold or impose conditions on such consent in its sole discretion. In the event of an assignment, Recipient shall pay, or cause to be paid to OBDD, any fees or costs incurred because of such assignment, including but not limited to attorneys' fees of OBDD's Counsel. Any approved assignment is not to be construed as creating any obligation of OBDD beyond those in this Contract, nor does assignment relieve Recipient of any of its duties or obligations under this Contract. (5) Recipient hereby approves and consents to any assignment, sale or transfer of this Contract that OBDD deems to be necessary. C. Disclaimer of Warranties; Limitation of Liability. Recipient agrees that: (1) OBDD makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for any use of the Project or any portion of the Project, or any other warranty or representation. (2) In no event are OBDD or its agents liable or responsible for any direct, indirect, incidental, special, consequential or punitive damages in connection with or arising out of this Contract or the existence, furnishing, functioning or use of the Project. D. Notices and Communication. Except as otherwise expressly provided in this Contract, any communication between the parties or notices required or permitted must be given in writing by personal delivery, email, or by mailing the same, postage prepaid, to Recipient or OBDD at the addresses set forth below, or to such other persons or addresses that either party may subsequently indicate pursuant to this Section. C2024522_Tigard_Contract Page 10 of 13 Any communication or notice by personal delivery will be deemed effective when actually delivered to the addressee. Any communication or notice so addressed and mailed will be deemed to be received and effective five (5) days after mailing. Any communication or notice given by email becomes effective 1) upon the sender's receipt of confirmation generated by the recipient's email system that the notice has been received by the recipient's email system or 2) the recipient's confirmation of receipt, whichever is earlier. Notwithstanding this provision, the following notices may not be given by email: notice of default or notice of termination. If to OBDD: Deputy Director Oregon Business Development Department 775 Summer Street NE Suite 310 Salem, OR 97301-1280 If to Recipient: Senior Planner City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 E. No Construction against Drafter. This Contract is to be construed as if the parties drafted it jointly. F. Severability. If any term or condition of this Contract is declared by a court of competent jurisdiction as illegal, invalid or unenforceable, that holding will not invalidate or otherwise affect any other provision. G. Amendments, Waivers. (1) This Contract may not be amended without the prior written consent of OBDD (and when required, the Department of Justice) and Recipient. This Contract may not be amended in a manner that is not in compliance with the Act. No waiver or consent is effective unless in writing and signed by the party against whom such waiver or consent is sought to be enforced. Such waiver or consent will be effective only in the specific instance and for the specific purpose given. (2) Notwithstanding Section 9G.(1) above, the Parties agree that OBDD may extend the Project Completion Deadline by sending a written notice of amendment to Recipient("Letter Amendment"), and Recipient will not be required to provide written consent to effect the amendment. OBDD may execute such a Letter Amendment only after an appropriation and expenditure authority carry-over extension of the Financing Proceeds by the Oregon Legislative Assembly. H. Attorneys' Fees and Other Expenses. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, the prevailing party in any dispute arising from this Contract is entitled to recover its reasonable attorneys' fees and costs at trial and on appeal. Reasonable attorneys' fees cannot exceed the rate charged to OBDD by its attorneys. I. Choice of Law; Designation of Forum;Federal Forum. The laws of the State of Oregon(without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Contract, including, without limitation, its validity, interpretation, construction,performance, and enforcement. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Contract shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County(unless Oregon law requires that it be brought and conducted in another county). Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. C2024522_Tigard_Contract Page 11 of 13 Notwithstanding the prior paragraph, if a claim must be brought in a federal forum,then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This paragraph applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This paragraph is also not a waiver by the State of Oregon of any form of defense or immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. J. Integration. This Contract(including all exhibits, schedules or attachments) constitutes the entire agreement between the parties on the subject matter. There are no unspecified understandings, agreements or representations, oral or written, regarding this Contract. K. Execution in Counterparts. This Contract may be signed in several counterparts, each of which is an original and all of which constitute one and the same instrument. Recipient, by its signature below, acknowledges that it has read this Contract,understands it, and agrees to be bound by its terms and conditions. 7,400311111 •a .y CITY OF ;; id =�. Tidard g. STATE OF OREGON CITY OF TIGARD acting by and through its Oregon Business Development Department By: By: Edward Tabor, Infrastructure and Steve Rymer, City Manager Program Services Director Date: Date: APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047: /s/David Berryman per email dated 5 December 2024 David Berryman, Assistant Attorney General C2024522_Tigard_Contract Page 12 of 13 EXHIBIT A-GENERAL DEFINITIONS As used in this Contract, the following terms have the meanings below. "Costs of the Project"means Recipient's actual costs (including any financing costs properly allocable to the Project) that are(a) reasonable, necessary and directly related to the Project, (b) permitted by generally accepted accounting principles to be Costs of the Project, and(c) are eligible or permitted uses of the Financing Proceeds under applicable state or federal statute and rule. "Counsel"means an attorney at law or firm of attorneys at law duly admitted to practice law before the highest court of any state, who may be of counsel to, or an employee of, OBDD or Recipient. "Financing Proceeds"means the proceeds of the Grant. "ORS"means the Oregon Revised Statutes. "Project Completion Date"means the date on which Recipient completes the Project. EXHIBIT B-PROJECT DESCRIPTION Recipient shall use the Grant for sewer and stormwater infrastructure improvements for housing development. Recipient, in partnership with Community Partners for Affordable Housing ("CPAH"), a non-profit affordable housing developer, shall procure an engineer licensed in Oregon to design and construct sewer and stormwater infrastructure improvements associated with the Woodland Hearth housing development, located at 7595 SW Torchwood Street, Tigard, Oregon. The improvements shall include, but are not limited to: • installation of a sanitary sewer main and lateral pipe and pump-driven lift station; and • installation of a gravity stormwater system using high-density polyethylene (HDPE)pipe. Both storm and sewer lines will link the housing development site to connections at SW Barbur Boulevard/Highway 99W. Subject to the limitations enumerated in this Contract, Recipient may contract with CPAH to complete the activities in this Exhibit B. EXHIBIT C-PROJECT BUDGET OBDD Funds Other/Matching Funds Activity Approved Budget Estimated Budget Design/Engineering $100,000 $0 Construction $1,466,000 $369,967 Construction Contingency $0 $183,600 Land Acquisition/Property Access Rights $0 $50,000 Legal Fees $0 $50,000 Permitting and Regulatory Fees $0 $100,000 Total $1,566,000 $753,567 C2024522_Tigard_Contract Page 13 of 13 AIS-5673 6. Business Meeting Meeting Date: 01/28/2025 Length (in minutes): 35 Minutes Agenda Title: Legislative Public Hearing: Adopt Food Cart Development Code Chapter 18.450 Authored By: Schuyler Warren Presented By: Senior Planner Warren Item Type: Motion Requested Ordinance Resolution Public Hearing Public Hearing- Legislative Public Hearing Yes Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Consider amendments to the development code to provide standards and approval processes for food carts and food cart pods. ACTION REQUESTED Planning Commission and the Community Development team request Council adopt the proposed amendments. If the ordinance is approved, a second public hearing will be held for consideration of a resolution amending the Fees and Charges Schedule. BACKGROUND INFORMATION Beginning in 2020, Tigard kicked off two major long range planning projects that reimagined the city's commercial, industrial, and mixed-use zones. Those projects led to a series of legislative amendments collectively known as Tigard MADE. The amendments modernized Tigard's land use regulations that apply to employment lands to accommodate new business and development types, increase employment density, protect industrial land resources, increase housing capacity, facilitate mixed-use commercial activity, and support urban neighborhood development. One element of the Tigard MADE package was a set of regulations to explicitly allow food carts as a use in the city. For several years, the city had been allowing food carts to operate as an accessory use in limited locations, subject to certain requirements. This allowance had been made through policy interpretation and did not offer food cart entrepreneurs certainty through a vested right to an allowed land use. Tigard MADE provided an approval pathway for a vested land use for food carts through a temporary use permit, subject to certain standards. With the adoption of Tigard MADE, the Community Development team made a commitment to the Tigard City Council to closely monitor the implementation of the code and to bring forward further changes if needed, based on this monitoring and community feedback. Almost immediately upon implementing the code, it became clear that the food cart provisions as adopted were inadequate to the purpose for which they were intended. A summary of the issues identified follows: •The temporary use permit process is an inappropriate approval type for a use that is more permanent in nature. •The current standards applied to food carts are not sufficiently well-developed compared to the standards in other peer cities and sometimes lacked clarity. •There is no clear pathway to modify a food cart approval. •There is not an approval pathway or any standards for food cart pods (four or more carts) as a standalone use. Given the burgeoning interest in food carts, particularly in food cart pods, the team made a determination to prioritize development code amendments to correct the deficiencies in the adopted code. These changes are being proposed with an emergency clause. This is due to the imminent need for regulations to support food cart entrepreneurs who have received city grants or have made significant investments into food cart businesses and need a pathway to an approved land use to complete their projects. This package also includes two minor technical fixes. More detail is provided in the attached memo. The code package also necessitates the addition of two application types to the city's fees and charges schedule. Those fees have been set at a level that is substantially reduced from comparable application type fees to support emerging businesses. Dates of Previous and Potential Future Considerations December 10, 2024 - Council briefing on upcoming code amendment package Public Involvement Stakeholder interviews and code review with Tigard Chamber of Commerce and food cart entrepreneurs Impacts (Community, Budget, Policies and Plans/Strategic Connection) These code changes are in alignment with the city's adopted Comprehensive Plan policies as detailed in the Planning Commission recommendation. ALTERNATIVES & RECOMMENDATION The Council could opt to not adopt the proposed code amendments, leaving in place the current regulations or could opt to amend the proposed amendments by motion. ADDITIONAL RESOURCES - Attachments Planning Commission Recommendation and Findings Code Amendments Ordinance Memo -Additional Corrections Presentation Fees and Charges Resolution Fee Schedule RECOMMENDATIONS AND FINDINGS OF THE PLANNING COMMISSION .114 4i FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: FOOD CART DEVELOPMENT CODE UPDATE CASE NO.: Development Code Amendment (DCA) DCA2024-00002 PROPOSAL: The City is proposing development code amendments that will add a new chapter to provide specific standards and approval processes for food carts and food cart pods. This amendment will provide greater clarity for entrepreneurs, applicants, and staff. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development); Metro Urban Growth Management Functional Plan Titles 4, 6, and 8; Tigard Comprehensive Plan Policies 1.1.2, 2.1.1, 2.2.2, 2.1.3, 2.1.24, 9.1.3, 9.1.5, 9.1.11, and 9.2.1; and Tigard Community Development Code Chapters (TDCD): 18.710 and 18.790 SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends that the City Council adopt the amendments to the Tigard Community Development Code with any alterations as determined appropriate by the City Council through the public hearing process. SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY Project History Beginning in 2020, Tigard kicked off two major long range planning projects that reimagined the city's commercial, industrial, and mixed-use zones. Those projects led to a series of legislative amendments collectively known as Tigard MADE. The amendments modernized Tigard's land use regulations that apply to FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 1 OF 7 employment lands to accommodate new business and development types, increase employment density, protect industrial land resources, increase housing capacity, facilitate mixed-use commercial activity, and support urban neighborhood development. One element of the Tigard MADE package was a set of regulations to explicitly allow food carts as a use in the city. For several years, the city had been allowing food carts to operate as an accessory use in limited locations, subject to certain requirements. This allowance had been made through policy interpretation and did not offer food cart entrepreneurs certainty through a vested right to an allowed land use. Tigard MADE provided an approval pathway for a vested land use for food carts through a temporary use permit, subject to certain standards. With the adoption of Tigard MADE, the Community Development team made a commitment to the Tigard City Council to closely monitor the implementation of the code and to bring forward further changes if needed,based on this information and community feedback. Almost immediately, it became clear that the food cart provisions as adopted were inadequate to the purpose for which they were intended. A summary of the issues identified follows: • A temporary use permit is not the proper approval type for a use that is more permanent in nature. • The standards applied to food carts were not sufficiently well developed compared to the standards in other peer cities and sometimes lacked clarity. • There is no clear pathway to modify a food cart approval. • There is not an approval pathway or any standards for food cart pods as a standalone use. The city has seen a burgeoning interest particularly in food cart pods and so the team made a determination to prioritize development code amendments to correct the deficiencies in the adopted code. Proposal Description • A new Chapter (18.750) specific to food carts has been added to the Tigard Community Development Code (Title 18). • Food cart approvals have been divided into two types: o Food carts — allowable as accessory uses on site with legal primary uses, with up to three carts per property subject to certain site design standards o Food cart pods—allowable as a standalone use subject to certain site design standards • Food cart and food cart pod standards have been added and are focused primarily on the following: o Ensuring public health, safety, and welfare o Maximizing pedestrian accessibility o Minimizing conflicts with public right-of-way o Protecting public infrastructure,particularly the sanitary sewer system o Allowing supportive site design elements such as dining areas • The previous Chapter 18.750 Historic Resources has been renumbered to 18.755. • Omnibus changes have been made to other chapters to accommodate these changes. Summary The findings below support the adoption of the proposed Community Development Code amendments, as attached to this recommendation. FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 2 OF 7 SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS This section contains all applicable city, regional, and state provisions that apply to the proposed Development Code Amendments,and findings detailing how each provision is met. STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: The city conducted outreach with stakeholders including the Tigard Chamber of Commerce and food cart entrepreneurs. Feedback from these stakeholders was incorporated into the final version of the proposed amendments. The notice requirements set forth in Section 18.710.120 (Legislative Procedures) were met. Notice was provided to the Department of Land Conservation and Development through the Post-Acknowledgement Plan Amendment process. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A copy of the proposed amendments will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the city's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment, and the intent of these amendments are to meet the requirement of state law, administrative rules, and the Statewide Planning Goals. This goal is satisfied. Statewide Planning Goal 9—Economic Development This goal outlines how cities and counties must plan to ensure that they have enough land available to realize economic growth and development opportunities. FINDING: This code package is intended to facilitate greater economic and entrepreneurial opportunities, a more diverse mixture of business activity, and incremental redevelopment opportunities in order to maximize the use of Tigard's limited remaining employment lands. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 3 OF 7 METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 4—Industrial and Other Employment Areas The Regional Framework Plan identifies Regionally Significant Industrial Areas (RSIAs), Industrial Areas, and Employment Areas where activities are limited in efforts to promote industrial or employment activity. FINDING: While Tigard contains no RSIAs, it does contain Metro-identified Industrial Areas and Employment Areas. Section 3.07.440 of the UGMFP requires the City to have land use regulations that limit commercial retail uses in these areas. These amendments would prohibit food cart pods where eating and drinking establishments are not allowed, including the city's limited supply of industrial lands. Food carts as an accessory use could potentially be allowed where industrial uses are already a primary use, allowing for some small commercial services to employees. This title is satisfied. Title 6—Centers, Corridors, Station Communities and Main Streets The Regional Framework Plan identifies Centers, Corridors, Main Streets and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region. Title 6 calls for actions and investments by cities and counties, complemented by regional investments, to enhance this role. A regional investment is an investment in a new high-capacity transit line or designated a regional investment in a grant or funding program administered by Metro or subject to Metro's approval. FINDING: Title 6 acknowledges that a vibrant mix of uses is needed in regional centers in order for the center to be robust,walkable, and successful. The proposed updates allow for a broader mixture of pedestrian- oriented activities in appropriate zones within the city's identified plan districts. This title is satisfied. Title 8—Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro. No comments were received to date. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 4 OF 7 State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: The proposed amendments have been reviewed by stakeholders including the Tigard Chamber of Commerce and current food cart entrepreneurs in the city. Their comments have been incorporated into the final version of the amendments. The notice requirements set forth in Section 18.710.120 (Legislative Procedures) were met. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of two drafts of the proposed code changes (Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption.This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: The proposed text amendments to the development code comply with all state and regional requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also establish a clear policy direction for the approval of food carts and food cart pods. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal. No comments were received. This policy is satisfied. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value,livability, and attractiveness. FINDING: The proposed amendments further the city's goal to provide design standards that ensure that the value, livability, and attractiveness of the city is preserved and increased. Standards for food carts and food cart pods ensure that the pedestrian realm remains attractive and that commercial development provides adequate infrastructure and facilities to support its operation. This policy is satisfied. FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 5 OF 7 Comprehensive Plan Goal 9: Economic Development Policy 9.1.3: The city's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. FINDING: Allowing food carts as an accessory use and food cart pods as a standalone use further the city's goals to create greater economic opportunity. Food cart entrepreneurs are an important part of the city's economic vitality and livability. In addition, food carts offer a lower barrier to entry for many members of undercapitalized groups, including immigrants and communities of color. These regulations allow for a more flexible deployment of food carts while ensuring that infrastructure is provided at an appropriate scale to support those uses. This policy is satisfied. Policy 9.1.5: The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. FINDING: Food carts are able to make efficient use of underutilized developed areas such as parking lots. Similarly, food cart pods are able to efficiently utilize lands that are only marginally developable for typical brick and mortar operations. By allowing these uses, the city is encouraging greater land use efficiency. This policy is satisfied. Policy 9.1.11: The City shall promote a vibrant mixture of business activity throughout Tigard, encouraging mixed-use development with walkable access to services for employees and residents alike. FINDING: Food carts are an important part of a modern vibrant commercial district. By allowing food carts and food cart pods, the city is promoting a vibrant mixture of pedestrian-oriented business activity. This policy is satisfied. Policy 9.2.1: The City shall institute appropriate land use regulations to accommodate a contemporary mix of economic activities. FINDING: The proposed amendments further the city's goal to accommodate modern uses that increase the livability and attractiveness of the city. Standards for the street-facing portion of food cart pods ensure that the pedestrian realm remains attractive to the street. This policy is satisfied. CONCLUSION: Based on the findings above, the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Chapter 18.790: Zoning Map and Text Amendments 18.790.020 Legislative Amendments A. Approval process. A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.120. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Legislative procedure as set forth in Section 18.710.120. This procedure requires public hearings by FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 6 OF 7 both the Planning Commission and City Council. Public hearings will be conducted on January 6, 2025 and January 28, 2025.This criterion is met. B. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING: Findings and conclusions are provided throughout Section IV above, for the applicable listed factors on which the recommendation by the Commission and the decision by the Council must be based. This standard is satisfied. SUMMARY CONCLUSION: As shown in the findings above, the Planning Commission concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; Metro's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS Affected public agencies were notified of the proposed amendments. No comments from agencies were received. SECTION VI. PUBLIC COMMENTS No public comments have been received at the time of the staff report. ATTACHMENTS: • Attachment 2: Proposed Code Amendments January 8, 2025 PREPARED BY: Schuyler Warren DATE Assistant Community Development Director rGt�� L January 8, 2024 APPROVED BY: Nathan Jackson DATE Planning Commission President FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 7 OF 7 Food Carts Development Code Update Final Draft January 28, 2025 Commentary 18.750 Note that this is a new chapter 18.750.The previous Chapter 18.750 (Historic Resources) has been renumbered to 18.755 as provided elsewhere in these amendments. Chapter 18.750 Food Carts 18.750.010 Purpose The purpose of this chapter is to provide an approval process and standards for food carts and food cart pods as a means to: A. Provide entrepreneurial opportunities; B. Encourage a variety of eating and drinking establishments to serve the Tigard community; C. Activate neighborhoods and street frontages with pedestrian-friendly amenities; D. Encourage the use of underutilized parking areas; E. Ensure proper design and installation to protect public infrastructure; and F. Protect public health, safety, and welfare. 18.750.020 Applicability A. Applicability. The provisions of this chapter apply to existing food carts and food cart pods, the siting of new food carts on private property, and the development of new food cart pods. B. Nonconforming Circumstances. 1. A food cart that was established prior to January 31, 2025 may continue to operate provided it meets all of the following: a. Indoor Sales and Service uses are allowed in the base zone where the food cart is located and operating; b. The food cart is located on a paved surface; c. The food cart is not connected to permanent utilities; d. The food cart has not moved from the site where it was legally established; and e. The food cart has an adequate means of collecting and containing fats, oils, and grease prior to wastewater discharge. 2. A food cart pod that was established prior to January 31, 2025 may continue to operate provided it meets all of the following: a. Indoor Sales and Service uses are allowed in the base zone where the food cart pod is located and operating; b. All food carts included in the food cart pod are located on paved surfaces; c. The food cart pod has not increased the total number of carts or cart stalls after January 31, 2025; d. The food cart pod has been in continuous operation with no interruption of operations of more than 30 days; and e. The food cart pod has an adequate means of collecting and containing fats, oils, and grease prior to wastewater discharge. C. Exemptions. The provisions of this chapter do not apply to temporary food truck uses. 18.750.030 General Provisions A. Food carts and food cart pods must maintain an active Tigard business license. B. Food carts must be inspected and licensed by the Washington County Environmental Health department. C. Waste containers must be provided and be maintained in sanitary condition. D. All cords, hoses, pipes, cables, and similar items serving food carts must be located and protected in a manner that does not create a tripping hazard. Where these items must be located in pedestrian areas, they must be adequately protected and marked. E. Each new food cart on a property is required to obtain an approval under the provisions of this chapter prior to operation except that food carts located within an approved food cart pod are exempt from individual approvals. 18.750.040 Approval Process A. Food cart. A food cart application is processed through a Type II procedure as provided in Section 18.710.060. B. Food cart pod. A food cart pod application is processed through a Type II procedure as provided in Section 18.710.060. C. Modifications. Modifications to approved food carts and food cart pods require a new approval under the provisions of this chapter, except that the changing of food carts in approved food carts pods are allowed provided the carts are located in an approved and marked stall. 18.750.050 Approval Criteria A. The approval authority will approve or approve with conditions a food cart application when all of the standards of 18.750.060 are met. B. The approval authority will approve or approve with conditions a food cart pod application when all of the standards of 18.750.070 are met. 18.750.060 Food Cart Standards A. The addition of the food cart must not result in more than three food carts being present on the subject property. B. The food cart must be located on a property with an existing legal nonresidential use. C. The entire footprint of the food cart must be located on a paved surface. D. The food cart must meet a minimum six-foot setback from any street property line. E. The food cart must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent a residential zone, the food cart must meet a minimum 20- foot setback. F. The food cart must be separated from any other food cart or building on the property by a minimum of 5 feet. G. The food cart must not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property on which the food cart is located. H. The food cart must not be located within any public access or utility easement. I. The food cart service window must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way. J. The food cart must have wheels and the wheels must remain permanently attached and functional. K. If there are permanent utilities located on the property, hardwired connections between the food cart and the utilities are prohibited. Any connection to utilities must be temporary and capable of being easily and safely disconnected. L. The food cart must include adequate means for the collection and removal of fats, oils, and grease. M. Any canopies, awnings, or other attachments to the food cart must maintain a minimum of seven feet of vertical clearance, be entirely supported by the cart, and must be fully collapsed when the food cart is not in operation. N. Food carts are prohibited in any required vision clearance area, as provided in Chapter 18.930 Vision Clearance Areas. 0. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. 18.750.070 Food Cart Pod Standards A. The food cart pod must be located in a base zone that allows Indoor Sales and Services uses. B. The food cart pod must include at least one permanent building on the property that provides public restrooms. C. Any new building of more than 800 square feet must meet the minimum and maximum setback standards for the base zone. D. The food cart pod must not include more than 20 food cart stalls. E. Each food cart stall must be a maximum of 375 square feet and contain no more than one food cart. F. All food cart stalls must be located on paved areas and all stall locations must be demarcated on the pavement in a permanent manner. G. All food cart stalls must meet a minimum six-foot setback along all street property lines. H. All food cart stalls must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent to a residential zone, the food cart stall must meet a minimum 20-foot setback. I. All food cart stalls must be separated from other stalls by a minimum of five feet. J. The food cart pod must include centralized on-site facilities for the collection and removal of fats, oils, and grease, as approved by the City Engineer. K. Utility connections, including electricity, potable water, and water disposal must be provided at each stall in the form of temporary connection assemblies, such as those used in recreational vehicle parks. Permanent utility connections to carts are not allowed. Water disposal connections must be connected to the required centralized fats, oils, and grease management system. L. The site must be arranged and demarcated in a manner to ensure that food cart stalls do not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property. M. All food cart stalls and any associated temporary or permanent structures must not be located within any public access or utility easement. N. All food cart service windows must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way. 0. Any canopies, awnings, or other attachments to any food cart must maintain a minimum of seven feet of vertical clearance and be entirely supported by the cart. P. Temporary awnings or membranes may be used for weather protection over seating areas, provided they are: 1. 200 square feet or less in area, 2. 15 feet in height or less, as measured to the highest point, and 3. Adequately anchored to prevent windthrow. Q. Accessory structures such as covered seating areas must meet the minimum setback standards that apply to a new nonresidential building in the base zone in which it is located. R. Temporary storage containers are prohibited on the property. All storage must be located in permanent buildings and structures. S. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. T. Off-street parking areas must meet the applicable provisions of Chapter 18.410, Off-Street Parking and Loading. U. The food cart pod must meet all other applicable standards of this Title. Commentary General Notes Text shown in strikethrough is to be removed. Text shown in bold, italic, and underlined is to be added. CHAPTER 18.440 Temporary Uses 18.440.010 Purpose The purpose of this chapter is to establish standards for the approval of temporary uses. 18.440.020. Applicability. A. Applicability. This chapter applies to all types of temporary uses listed in Section 18.440.030, unless they are exempt in Subsection 18.440.020.B or C. B. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 1. Seasonal and special events conducted exclusively by and for the benefit of a Tigard- based nonprofit organization; 2. Temporary shelter, as an accessory use to a Religious Institution use or a Social/ Fraternal Clubs/Lodges use, where the following are met: a. No more than 20 people are provided shelter at a time, b. Each stay does not exceed 30 days, and c. Temporary shelter is not provided on the property more than 90 total days in a year. 3. Garage sales; 4. Temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots); or 5. Seasonal and special events located entirely within the PR zone, public right- of-way, or city-owned property provided the use has received a special event permit pursuant to Tigard Municipal Code Chapter 7.48. C. Emergency situations. The director may waive any of the requirements in this chapter or request additional information in compliance with Chapter 18.710, Land Use Review Procedures, for cases that involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection does not include failure by the applicant to submit a temporary use request as provided in this chapter. 18.440.030. Types of Temporary Uses. A. Seasonal or special event. This type of temporary use is a use that by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity, or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. These types of temporary uses include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service or non-profit organization that may offer additional products and services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art or handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by this chapter; and 6. Temporary fund raising and other civic activities in commercial zones. B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire, windstorm, flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 1. A mobile home or other temporary structure for a residential purpose in a residential zone; 2. A mobile home or other temporary structure for a business purpose in a commercial or industrial zone; and 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unit on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwelling unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city. This includes the use of one dwelling unit in a subdivision as a "model home" for purposes of showing prospective buyers. D. Temporary use in commercial and industrial zones. This type of temporary use includes a temporary trailer or prefabricated building for use on any commercially or industrially zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property. E. Food carts. This type of temporary use includes up to three food carts. 18.440.040. Approval Process. A. Approval process. Temporary use applications are processed through a Type I procedure, as provided in Section 18.710.050. B. Approval period. An approval for a temporary use is valid for a period of one year unless otherwise stipulated by the approval. Approvals for food carts as a temporary use are valid indefinitely. C. Expiration. An approval for the temporary use will expire if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. 18.440.050. Approval Criteria. A. Seasonal and special events. The approval authority will approve or approve with conditions seasonal and special events when all of the following are met: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6; 2. The use is allowed in the applicable base zone; 3. The applicant has proof of the property owner's permission to place the use on the property; 4. There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.410, Off-Street Parking and Loading; 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and not obstruct pedestrian access on public rights-of-way; and 6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through October. The applicant must provide "market rules and policies" for city approval, which are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies must include hours of operation, location, product guidelines, vendor obligations, vehicle loading or unloading, and any other applicable policies guiding the operation of the market. The city may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, in compliance with Chapter 18.920, Access, Egress, and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; c. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare, or lights that would be greater than otherwise allowed by uses allowed in the base zone; and d. Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be approved for a period of time to correspond with the duration of the seasonal market use. B. Unforeseen or emergency situations. The approval authority will approve or approve with conditions unforeseen or emergency situations when all of the following are met: 1. The need for the use is the direct result of a casualty loss such as fire, wind storm, flood, or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; or 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; or 3. The applicant has been evicted within 60 days of the date of the application from a pre- existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or 4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930, Vision Clearance Areas; and 6. There exists adequate parking for the customers of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; and 7. The use will not result in congestion on adjacent streets; and 8. The use will pose no hazard to pedestrians in the area of the use; and 9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect adjoining uses in a manner that other uses allowed in the base zone would not affect adjoining uses; and 10. The use can be adequately served by sewer or septic system and water, if applicable. C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a. The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and b. Sales offices approved through the provision of this chapter may not be permanent. 2. Model home. a. The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and b. The property to be used for a model house must be a permanently designed dwelling unit. D. Temporary use in commercial and industrial zones. The approval authority will approve or approve with conditions a temporary trailer or prefabricated building when all of the following are met: 1. The temporary trailer must be located within the boundaries of the property on which it is located; 2. The property to be used for a temporary trailer must already be developed; 3. There exists adequate and safe ingress and egress when combined with the other uses of the property; as required by Chapter 18.920, Access, Egress, and Circulation, and Chapter 18.930, Vision Clearance Areas; 4. There exists adequate parking for the customers or users of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; 5. The use will not result in congestion on adjacent streets; 6. The use will pose no hazard to pedestrians in the area of the use; 7. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect the adjoining uses in a manner that other uses allowed in the base zone would not affect the adjoining uses; 8. The use can be adequately served by sewer or septic system and water, if applicable; and 9. The length of time that the temporary building will be used is the maximum needed to address the hardship. 1. The cart is located on a property with an existing nonresidential use. 2. The cart meets the minimum setback standards for a building in the base zone in which it is located. is located. Chapter 18.435, Signs. 5. The addition of the proposed cart to the proposed location will not result in more than three food carts being present on that property. 6. The following design requirements are met: a. The cart has whccls and the wheels remain permanently attached and functional. b. If there are permanent utilities located on site, the cart has only temporary connections to such utilities and the connections may be easily removed at any time. c. Any canopies, awnings, or other attachments on the cart are entirely CHAPTER 18.7505 Historic Resources 18.7505.010. Purpose. The purpose of this chapter is to: A. Facilitate the protection, enhancement, and perpetuation of historic resources that represent or reflect elements of the city's cultural, social, economic, political, and architectural history; B. Enhance any registered historic or cultural resources designated in the city; C. Stabilize and improve property values; D. Strengthen the economy of the city; E. Promote the use of historic resources for the education, pleasure, energy conservation, housing, and public welfare of the city; and F. Implement the applicable provisions of Oregon Department of Land Conservation and Development Goal 5 and the City of Tigard Comprehensive Plan. (Ord. 17-22 §2) 18.7505.020. Applicability. A. Designated areas. The Historic Resource Overlay zone applies to the following sites and areas: 1. Historic sites and areas; 2. Cultural sites and areas; and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: 1. The designation of Historic Resource Overlay zones, 2. The removal of Historic Resource Overlay zones, 3. The demolition of structures within a Historic Resource Overlay zone, and 4. The exterior alteration of structures or new construction within a Historic Resource Overlay zone. (Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1) 18.7505.030. General Provisions. A. Approval of exterior alterations. Exterior alterations of any structure in a Historic Resource Overlay zone or construction of any new structure in a Historic Resource Overlay zone without approval is prohibited, except as provided in Subsections 18.7585.040.0 and D, respectively. B. Approval of demolition. Demolition of a structure located within a Historic Resource Overlay zone without approval under the provisions of this chapter is prohibited. C. Exemptions. 1. Exterior remodeling, as governed by this chapter, includes any change or alteration in design or other exterior treatment excluding painting; 2. Nothing in this chapter prevents the ordinary maintenance or repair of any architectural features that does not involve a change in design, material, or the outward appearance of such feature, which the building official must certify is required for the public safety because of its unsafe or dangerous condition. D. Condition of approval. If any alteration or demolition of a historic resource is approved through the provisions of this chapter, a condition of approval must be applied that allows the Washington County Museum to obtain: 1. A pictorial and graphic history of the resource; and 2. Artifacts from the resource it deems worthy of preservation. (Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1) 18.7505.040. Approval Process and Approval Criteria. A. Criteria for Historic Resource Overlay zone designation. 1. An application for a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080. The approval authority will approve the application when any of the following are met: a. The proposed site or area would serve the purpose of the Historic Resource Overlay zone as stated in Section 18.7595.010; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state, or nation; c. The site or area is identified with historic personages, or with important events in national, state, or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style, or method of construction; or e. The proposed site or area is a notable work of a master builder, designer, or architect. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of Historic Resource Overlay zone designation. An application for removal of a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080. The approval authority will approve the application when any of the following are met: 1. The original Historic Resource Overlay zone designation was placed on the site in error; 2. The resource designated with the Historic Resource Overlay zone designation has ceased to exist; 3. The resource designated with the Historic Resource Overlay zone designation is no longer of significance to the public; or 4. The Historic Resource Overlay zone designation is causing the property owner to bear an unfair economic burden to maintain the property as a historic or cultural resource. C. Criteria for exterior alterations. An application for exterior alterations of structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met: 1. The purpose of the Historic Resource Overlay zone provided in Section 18.7505.010; 2. The economic use of the structure in a Historic Resource Overlay zone and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in a Historic Resource Overlay zone; 4. The physical condition of the structure or landmark in a Historic Resource Overlay zone; and 5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in a Historic Resource Overlay zone. D. Criteria for construction of new structures. An application for construction of new structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met: 1. The purpose of the Historic Resource Overlay zone as provided in Section 18.7505.010; 2. The economic effect of the new structure on the historic value of the Historic Resource Overlay zone; 3. The visual effect of the proposed new structure on the architectural character of the Historic Resource Overlay zone; and 4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new structure. E. Criteria for demolition. An application for demolition of structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met: 1. The purpose of the Historic Resource Overlay zone as provided in Section 18.7505.010; 2. The criteria used in the original designation of the Historic Resource Overlay zone in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the Historic Resource Overlay zone; and the position of the building or structure in relation to public rights-of-way, and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the Historic Resource Overlay zone that cause it to possess a special character or special historical or aesthetic interest or value; and 5. Whether denial of the permit will subject the city to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. (Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2) Omnibus 18.10.060 Special Designations A. Overlay zones. The following overlays are established in the city: Table 18.10.2 Overlay Zones Overlay Zone Name Zone Abbreviation Regulating Chapter Historic Resource HR 18.7505 18.30.020 Definitions F. "F" Definitions. "Food cart" - A mobile vehicle fee-id-Gait from which food or beverages are served to walk-up customers, that is designed and licensed to be driven under its own power or pulled by another vehicle. A food cart may occupy the same property for an indefinite period of time through an approved food cart permit. An approved food cart is not considered a building as long as its wheels remain attached and operational and it meets the definition of a vehicle under ORS. "Food cart pod" - A food cart pod is a standalone use that consists of tFour or more mobile food carts and associated amenities on the same site. "Food truck"-A mobile vehicle, from which food or beverages are served to walk-up customers, that is designed an licensed to be drive under its own power or pulled by another vehicle. A food truck does not occupy the same property for more than 12 hours in any 24-hour period, or more than 7 days in any one-month period. 18.660.030 General Provisions. C. To the extent that the provisions in the following chapters do not conflict with this chapter, the following chapters in this title apply concurrently: 5. Historic resource designations and alterations as provided in Chapter 18.7595, Historic Resources. 18.670.030 Applicability. 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II , ■r.�1. 1i' ¢ ., �� 1111 �r 1Nm fD vrrn cr 4z 1■ . m 18.710.020 Summary of Land Use Applications Table 18.710.1 Summary of Land Use Applications Applicable Abbreviation Land Use Application Type Section Review Type MIS Adequate Public Facilities Exception (inside 18.640 II River Terrace) Adjustment - Inside River Terrace Plan District 18.640 ADJ - Inside Downtown Tigard Plan District 18.650 II - Inside TMU zone 18.660 - Citywide 18.715 ZCA Annexation 18.720 III-Modified, Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown-Development Design Review 18.650 I, II (N/A) Extension 18.745 I, II FDC Food Cart 18.750 11 POD Food Cart Pod 18.750 11 MIS Historic Resource Designation or Alteration 18.7505 II, Ill-PC HOP Home Occupation Permit 18.760 I, II MLP Land Partition 18.820 II LLA Lot Line Adjustment or Lot Consolidation 18.810 MAR Marijuana Facility Permit 18.430 I Modification MMD - Minor 18.765 I - Major II PDR Planned Development 18.770 11, 11I-PC SLR Sensitive Lands Review 18.510 I, II, III-HO SGN Sign Permit 18.435 SDR Site Development Review 18.780 I, II SUB Subdivision 18.830 II SBP Sublot Plat 18.840 II-Modified TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation (inside TMU 18.660 II zone) UFR Urban Forestry Plan Modification or 18.420 I, Ill-HO, Ill-PC Discretionary Review Zoning Map Amendment ZON -Quasi-Judicial (site specific) 18.790 III-PC, - Legislative (citywide) III-Modified, Legislative 18.710.030 General Provisions. A. Pre-application conferences. A pre-application conference is required for all Type II and Type Ill applications, except for Home Occupations, Extensions, Food Carts, and Complex Tree Removals. The Director may waive the requirement for a pre-application conference. Legislative actions are exempt from a pre-application conference. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 25- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE REGARDING FOOD CARTS AND DECLARING AN EMERGENCY WHEREAS, on April 24, 2024, Council approved a package of amendments to the Tigard Community Development Code as part of the Tigard MADE project;and WHEREAS, Tigard MADE was intended to modernize the Community Development Code to foster greater economic opportunity and activity in the city;and WHEREAS, food carts were contemplated in these development code changes as an important entrepreneurial opportunity for the city's residents and business owners;and WHEREAS,food carts are also an increasingly important part of a city's attractiveness and livability;and WHEREAS,whereas the Council recognizes that the current regulations in the Community Development Code that apply to food carts are incomplete and do not achieve the city's goals to encourage this type of business entrepreneurship while meeting its livability goals;and WHEREAS, an emergency is requested in order to prevent potential delays to approval of proposed food cart operations. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Community Development Code is amended as shown in Attachment 2. SECTION 2: The Tigard City Council adopts the findings of fact and conclusions of law as provided in Attachment 1 in support of this amendment. SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid,such invalidity will not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 4: As these amendments are deemed necessary to protect the health, safety,and welfare of the city's residents and business owners, an emergency is declared to exist; therefore, this ordinance shall take effect immediately upon passage. PASSED: By vote of all council members present after being read by number and tide only,this day of ,2025. ORDINANCE No. 25- Page 1 Carol A. Krager, City Recorder APPROVED: By Tigard City Council this day of ,2025. Heidi Lueb,Mayor Approved as to form: City Attorney Date ORDINANCE No. 25- Page 1 City of Tigard TIGARD Memorandum To: Tigard City Council From: Katelyn Dendas,Assistant Planner Re: Consistent Terminology in The Tigard Development Code Date: January 13, 2025 This memo summarizes additional proposed changes to the Tigard Development Code related to consistent terminology in the code. The MADE code change project effective on May 23, 2024, changed terminology used in the Washington Square Regional Plan District. That terminology did not get updated in two illustrations in the Development Code. A map and table are being corrected to match the code text in the chapters outlined below. These issues were identified after the proposed code package had already been recommended by Planning Commission. However, these reflect technical fixes rather than policy changes, and so the Community Development team is requesting Council adopt these along with the food cart regulations without a Planning Commission recommendation. Chapter 18.670 Washington Square Regional Center Plan District The proposed code amendment corrects Map 18.670.A to reflect the accurate subdistrict designation, which was previously updated from "Metzger Main" to "Metzger Business." This adjustment aligns the map with the text of the code, ensuring consistency between the written regulations and the visual representations. This is not a substantive change to the subdistrict itself,but rather a technical correction to match the map with the existing code language. This correction is necessary to maintain clarity and accuracy in the development code. Chapter 18.710 Land Use Review Procedures The proposed code amendment addresses a correction to Table 18.710.1 by updating the abbreviation for the application type, which was previously changed from Downtown Development Review (DDR)to Development Design Review(DDR). This adjustment ensures that the table accurately reflects the revised terminology. This is not a substantial change to the application name itself,but rather a technical update to align the code with previous amendments. This correction is necessary to unify the changes made to the development code and ensure consistency through different chapters of the code. '-'et'''• "IT *(fr Valib;. .•gt. '' •A`I --,-.' IN' li. lizi NO "I '4.- ,:%'.( ,'', -to Eq• ..:/-1.- , • ,‘ . '.4... , '..-:.• i114:1 ::".... ir • CITY OF T . , •! ' I , ,, ,-1,- ..,' . A• ' r ,,„ ' •AP'. 4'Ti ___ ____-_----- ,...... .`,-,- . : ..., t.. •.:- ,*,- -- -.Y A A;•••• •sN17'''-'- '.•-• A: • •. 110117.. I ' , -,. •. . -.7,. -:24aNT it at •aka:et' ' ' .4 t': ,' -_ %-. •f•41*".4 • •- ' A •••0 - • . . 111111ir A II-...s ' Z-Y1-7.1?),•:_41 1.-- '"- ': ' ' 1 ....- • - - l ''''"'""--'..-- .-----r ,-,:,,,./..••,4*,0,71..,. , 110311.7.714&_611,r . ., ... s's 4-• • - 44;:isiso-ttie'-'''‘:7;1/47-....- '''I • .L • 11..AI-'1;vit.? ft.' ' •-; ', - , 4, •-y.,..-:: . Food Cart Regulations POLICE 4,46. • ..,.. , -..- :•:-/&11. • "4"; .... , ae o la ' lr- ' DCA2024 - 00002 Hearing ... .,- ,-,.,-,, ,. .: . .... ,..,...„.„...,„.. ,,,J..,..„ . ..,. , __:. :es•'Z''',-.i• -w." -'"..,f-`-.,4`t2..-4° • , •-•-ilif,iii , .. •,,,:,;., ,,.. , -- , . -. ... City Council 6, .. ', 'A' .: - -#,,A1A -•* 7",', iii, • '.,!'s` t.' i., '''. -- ...e, January 28 2025 , /... . ___ , ,...- . *lit. t 7 '' • ' f - ' .;-.0.41...--, -,,;`,, - -==. _ ' ."•-..ra-1-. la -, -// .4= , , , , . ,_ r- ....,-,..,..,...,,-:.,-,--,-....... ..-: . 0 t ,' N...•:•1, OF T i ga CITY d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence History • Prior to Tigard MADE, no standards / approvals for food carts • Food carts were allowed through code / policy interpretation • Created issues with vested rights, lacked clarity • Allowed only as accessory use to legal primary use • No allowance for food cart pods as standalone use T ' ' ° d e, . q a The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence The Issue • Tigard MADE codified standards and approval process for food carts • Used temporary uses process for food carts • No process for approving food cart pods as standalone use • Lack of clarity in standards e, . q T ' ' ° d a The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence The Solution • New food cart-specific chapter in development code • Regulations narrowly tailored to that use • Separate approval process • Separate application type with a reduced fee T ' ' ° daThe 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Are We Seeking to Achieve? • Provide entrepreneurial opportunities • Encourage a variety of eating and drinking establishments • Activate street frontages with pedestrian-friendly amenities • Encourage the use of underutilized parking areas • Ensure proper design and installation of public infrastructure. • Protect public health, safety, and welfare. T ' ' ° d e, . q a The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Two Different Sets of Regulations • Food Carts o 1 -3 carts per property o Associated with existing legal use • Food Cart Pods o 4 or more carts per property o Standalone use OF e„,, T ' ° da The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Do Food Carts Look Like? ., . .• . ,,..44,..„,...„,..,,,,k.,. . . ,,,,,, ..... : •,._,,..„ ._, 1fJ5ANE CllICIcEN . . , Y', .-...'it. ,4., i,",i . -;.,,,, .. ., . ._., „, ,,, : :: �. .I,, '� .... ,,,.,.,„.„, „: ..,„: , , .. ..,,,. . ._. ._ _ . __ ,,,2„.„,...„. . , . .., . : .. .. _.ter �11 •vr— / . li ' _ _ S 1 r1911.1/.,,r,„ i / 3� Ii. 1�1 • '•' .1lir L ,r fffY sa el 4 -rf •r. I . • -- -- Monsat . 104 E'.0�Y INSANE CHICKEN `— L. • ..A „ ` e ,,—:'"' , -::-:—'. lIllhMIIMMIII.M"MM'" dr— Ilip • ����UYYb tom"9 �-k /1— x f [ , 1 L -,.a• eii, T i gru CITYa The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Do Food Cart Pods Look Like? .., ,, , _____ „, } :1 i4a-.-i , -.! .l4 1.ten'• Il�•+� .• �/ { ,.„_,.._ � _a .1 Y :: 71114.4rii;- _1 1 I --- =.- - -r ..„-- -7------ = I--",-----Fi;--=----"- --M—'"---. 7. -----. :_, '', .1-1- V. '- A_ I_ 1 I d l 4.%•'- 'lira 'Cir. fAANir k - - i i 1 1 1. . . . , • .- ..... , ..:. ,,. . .41 -7!-. _ '__ „ .. ' • • 7 .�' IJI-._ r 'III r 1 . F i :�4-ti. 4 . ..... _. • iy I 'i 410711L'.. I 1 ai — - 0 mot ti,-- Eli. _. . ,.., IN . — -� _ T i CITY eii, g ard The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Do Food Cart Pods Look Like? _,,....-7-• • ..- •-4--- .• - gieF •: ' ,- - • - -^'.15- . .--.= ist..:,:. -*,---- -. 7 :.: . '.441. At" 4- -... Lli-Nt . __----------- --lot . .. N ::.,., - - ' 0 .. r - -... - ."11.1.12-. -.}- •--.°k. •'‘44114-- }.r Y '''.}:?;r7.1.-4.1.. •. tt. T� #,:r .� .}:?;r'SJR."" r. .� ti � # ...RI' . _,.... 3c../.4- . .. , em, T i g CITY ard The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Do Food Cart Pods Look Like? .. . _:.... ._ .. • ip,, ii. __,z, i . --........ , . ..,,.. • .,..._ _ . ,,,,....„ ........- • ".... . _ -7,, .. a •: •::::4V.-.1:_1_4-*_?.'s,,. Air 0-1 Iv-- : i ,.,.si-. 1 •:, ,,A ' .,:pii. -. --Iv 1 .--.Iiiii....4......ao • ` 1l .. vi ��{ 7 Li '� ifs wf..• F - �... , !wit m .. . . :- tni ,. _ . ... • . ___: E . _ !' '� .sem -c: -- °` i • - 1.,. _ __ . , r ,, . f«1 r ; ;y.e, \gti''7e." VSA. e, . q T i g CITY a d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Standards are Proposed for Food Carts? • Must be on paved surface • Minimum setbacks from property lines and residential zones • Minimum separation between carts • No permanent utility connections • Must manage fats, oils, and grease • Awnings must be collapsed when not in operation e, . q T i g CITY a d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Standards are Proposed for Food Cart Pods? • Must have proper zoning — allowed where restaurants are allowed • Must include permanent building with restrooms • Buildings over 800 square feet and accessory structures must meet setbacks • No temporary storage containers T ' ' ° d e, . q a The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Standards are Proposed for Food Cart Pods? • No more than 20 food cart stalls • Stalls must: o Be marked on pavement o Be 375 square feet or less o Meet minimum setbacks o Be separated by five feet o Include permanent utility connections e, . q T i g CITY a d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Standards are Proposed for Food Cart Pods? • Food cart pod must provide centralized management of fats, oils, and grease • Temporary awnings or membranes must be: O 200 square feet or less in area O 15 feet in height or less O Adequately anchored to prevent windthrow e, . q T i g CITY a d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Who Did We Engage with in the Community? • Internal stakeholders — Public Works, Economic Development • Colleagues in Beaverton, Gresham, and Portland • Tigard Chamber of Commerce • Food cart entrepreneurs • Planning Commission • Council e, OF T ' ' ° d a The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Amendments to Fee Schedule • Adds new application types • Fees set at a lower amount than comparable application types OF T ' ' ° d a The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Additional technical fixes • Memo included that summarizes two technical fixes to other sections of the development code o Incorrect map o Application type e, . q T i g CITY a d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Staff Recommendation • Planning Commission forward a recommendation to adopt to the City Council • 411 I _ 4 The 5 E's - Tigard's Community Promise: Eq ity Environment • Economy • Engagement • Excellence Discussin an uestions ir A \ i, .„ Thank you .., ... . : , 4 Al .41441r1 911:rk 1 ' rj41/ • •1 s N. 1 ..iiiiiiilv i . ' ;� �. ,$+ ,.fir" ` .` r #`'y••+ • tnt ���, 1 ,�� •iii .. '1.71 - • „ , . ..:;.._:_ . .„ r ,fb._ 'It - • iv F• Jar '�r ''.1 _ IIOF Ti and �r i 1 •Y i F ..Irmo F -- . r ,• CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 25- A RESOLUTION AMENDING THE CITYWIDE FEES AND CHARGES SCHEDULE TO BE CONSISTENT WITH RECENT AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council adopted amendments to the Tigard Community Development Code on January 28,2025 (DCA2024-00002);and WHEREAS, the proposed amendments to the Citywide Fees and Charges Schedule are necessary to maintain consistency between the Tigard Community Development Code and the Citywide Fees and Charges Schedule; and WHEREAS, the proposed amendments add fees associate with new land use application types in the Community Development Code;and WHEREAS, the fees proposed are lower than comparable fees in recognition of the scale of food cart operations and their role as entrepreneurial opportunities;and WHEREAS, an emergency was declared to exist and the development code amendments were adopted effective immediately. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The amendments to the Citywide Fees and Charges Schedule that are attached as Exhibit A are hereby adopted. SECTION 2: An emergency is declared to exist and this resolution shall be effective 30 immediately after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: This day of 2025. Mayor- City of Tigard ATTEST: RESOLUTION NO. 25- Page 1 City Recorder- City of Tigard RESOLUTION NO. 25- Page 1 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Food Carts* Food Cart $250.00 1/28/2025 Food Cart Pod $5,000.00 1/28/2025 SUPPLEMENTAL PACKET FOR ITEM NO. 6 JANUARY 28, 2025 City of Tigard TIGARD Memorandum To: Honorable Mayor Heidi Lueb and Tigard City Council From: Schuyler Warren, Assistant Community Development Director Re: Optional Amendment By Motion Date: January 28, 2025 Comments and questions received from Councilor Hu on January 23 raised the question of whether the proposed code amendments addressed drive through facilities as part of a food cart or food cart pod. The Community Development team reviewed the code and made the determination that although a prohibition on drive through facilities is not made explicit in the code, it is covered under the provisions of 18.750.060.I and 18.750.070.N that prohibit food cart queuing areas that extend into vehicle maneuvering areas. Understanding that the Council may wish to make this prohibition more clearly in the code to prevent confusion or misinterpretations, the Community Development team is providing draft language to the Council to adopt by motion should it be deemed necessary. If the Council so chooses, the following motion may be made: "I move to amend Section 18.750.030 by adding a new provision F with the language Drive- through services are prohibited for food carts and food cart pods." This would appear in the code as shown below: 18.750.030 General Provisions F. Drive-through services are prohibited for food carts and food cart pods. AGENDA ITEM No. 6 Date: January 28, 2025 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the City Council on: Legislative Public Hearing: AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE REGARDING FOOD CARTS AND DECLARING AN EMERGENCY 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 and is openly available to all members of the public. The names and city of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: January 28, 2025 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address& Phone No. Name,Address& Phone No. 1" d � L Name,Address&Phone No. Name,Address& Phone No. Name,Address& Phone No. Name,Address& Phone No. Name,Address& Phone No. Name,Address& Phone No. Name,Address& Phone No. Name,Address&Phone No. Name,Address& Phone No. Name,Address& Phone No. Name,Address&Phone No. Name,Address& Phone No. AIS-5695 7. Business Meeting Meeting Date: 01/28/2025 Length (in minutes): 40 Minutes Agenda Title: Capital Improvement Plan Update Authored By: Joe Wisniewski Presented By: City Engineer Joe Wisniewski Item Type: Public Hearing Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Briefing and update on the status of Capital Improvement Plan (CIP) projects currently underway. This presentation is part of a series of regular updates to City Council on CIP projects in progress they will receive throughout the year. ACTION REQUESTED No action is being requested. BACKGROUND INFORMATION The Capital Improvement Plan (CIP) establishes Tigard's budget and timeline for improvements to City-owned and operated public infrastructure. A CIP project improves or adds value to the City's infrastructure, typically costs $50,000 or more, and has a useful life or extends the useful life of infrastructure for 5 years or more. Public facility systems addressed by the CIP include transportation, parks, sanitary sewers, stormwater, domestic water, and city facilities. In most cases, CIP projects are implemented with oversight from the City's Engineering Division. City Engineer Joe Wisniewski will provide an update to Council, including the status of active projects. Dates of Previous and Potential Future Considerations The CIP for Fiscal Year 2025 was adopted on June 18, 2024 ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES N/A Attachments No file(s) attached. SUPPLEMENTAL PACKET FOR JANUARY 28. 2025 ITEM NO. 7 CITY OF T I GA R D Respect and Care I Do the Right Thing I Get it Done :1 TIGARD Capital Im Project Update FY 2024-2025 Tigard City Council Meeting January 28, 2025 CITY OF TIGARD Introduction to Tigard's CIP WHERE THE MONEY GOES '..` - - Capdrt Irrvmxnrrrrl Protects rnpr.Mr or add rale t:T rdn stow too.Fhe Capoal Lngavrme•L Rc includes � ilw prcittls lhal mot S5JI fl a more and rrx LI rtlenu ihr ole of a Inulty ixt./E rars o more y _ rr 1, 1 ___ r$r the next six years, CIP IN tt '',1' i I11 the City of Tigard - _ _ �# will irn�est in_ 401, ,, t), - BRIEF - In' Ir. Ana . FY 2024-2025 $105,532,000 iMr :, , --, ' IMI Water System ;+ -� X4,350,000 �r4'41 i _ Oil I 1 /!P ;3 �, $11j39r000 Starmwatei System a a i ft. C� 1 _� . . $11532 ,OOO, -- ! ' - - Frar3sortation System CITY OF Tigardill p�` V7�_I; 4 x ` .�4 $5,145,000 - `. �.M qty Fatj�tles CITY OF TIGARD THE CIF' PROCESS . FROM IDEA TO MANAGED ASSET Iie CIP Process bcf pI 1I a of the Planning and Conrtrticti an � Campleilan of the CIF isJust ane seep ma larger psatess cll.Inlrastratture planning and[anstruehan.leant more about hwa aIrcgea oaei Pram Idea la tcrnpletan and also haw aur community gersamrat:ed. Plan and Engage Pnorliita and Fund From Idea to Asset Intrastrdtluie dvsle n plans Each yea;diesummarlae a strategic city allapt an updated CIP,a salear panning owes&Plat planlormatchngMecost at updates the gams,actwrrs, larg�scate iaSprcMerrrect5— anaiesaurces needed in likeiining streets water and Path system. sewer systems—ir.anticipated / System Planning •Public Enaagemest1eee4Alli Cara. o+ revenues..Ike r3xrx and fees. Callabafrare ix"sr Pui711tEngagement Levet Cite dirr.,e and Feedback / Public lnvoIvement MIT) community The 13utlgretoomntMee IsmcarporaretlJo $ ` 4 rrrlwrsamd Ir n s}sie�n gals 'eretornmends the and priorities. 4 CAPITAL 5• lrraaasedCIPbasEd an / Asset Management PLANNING recomi ecommentlatuns PROCESS aria mkun,ty co 74 Mail-Hain and R pail °�Jy , Gc.slgrn and Delhrer faking[are aE what we lq Project managers delnrer have:cur employ ees praurRy indrukivai CIP Qrelecis Eadi provide slewardsnip aver the piq*ect typically Ns a design CIL evlstIrtg mirastra-ture and toastructron phase. • PUN(Engagement Lever •Pili[Engagement ixva t Atptrr.d {ansult Our tubicWorks team is Publicam}agernent e.radablearecn+d the do plansveatetl atttre tarespond to smite outset o1 a CAPPrctect requests.day In and day set tine-rameworkla o ut our goal Is service New Of Upgraded Assets efrgagErnent. mineut.nterruptnn. CITY OF TIGARD Project Status 0 On Target 0 Minor Issues • Major Issues Parks Transportation Water Sanitary Sewer Stormwater 1 Facilities CITY OF TIGARD Status of Parks Projects 3 out of 4 segments substantially complete Fanno Creek Trail Connections River Terrace Community Parks Project Complete Steve Street Park and Trail Design Phase — Bidding Early 2025 Lasich Park Property Plan Trail System Plan CITY OF TIGARD Status of Parks Projects PROJECT NOTES BUDGET SCHEDULE Bagan Park Coordinating project schedule with CWS Utility Project I Cook Family Park Accessible Phased Project Boat Ramp Copper Creek/Cook Park Stream Stabilization Fanno Creek Trail - Bonita to Applying for RFFA Redistribution funding Durham Project Development CITY OF TIGARD Project Highlight , -.. , , . - ,„ t,-,tsr,,-.4,p,4„,N.:-. ...,,,,,,,., S 5'774 �Z 14-1:' :$ ti`, erg , *a, , y 0 1 e ?I '\a ,4';,,,,,.: 4 , a 2M,"`�S _ i 4 '4SSS u, `.. 1 Pn 9y�,. _ 1. Y. ^,4�. ii. 1 :.'yA a ,4 -, .• „ ,,„v,..,-` �pbc: �� W 1`” 1F' 4°a,l '" R • Vit:-,-x _ _ . ,,4i7, r - 1, 1 Or r j b k fir F c a . • . . .gib.,: _ CIP#92046 — Fanno Creek Trail Connections CITY OF TIGARD Status of Transportation Projects PROJECT NOTES BUDGET SCHEDULE Pavement Management • Program On-going Program Pedestrian and Cyclist • Connections Program On-going Program Hall Boulevard / Pfaffle Street Design expected to start in Spring 2025 • Traffic Signal Roy Rogers Road Construction Complete 72nd Avenue Pre-Design 10% Design Complete North Dakota Street Bridge Seeking additional funding Replacement Tigard Street Bridge 90% design complete Replacement Transportation System Major On-going Program. Coordinating signal Maintenance maintenance with the County. CITY OF TIGARD Status of Transportation Projects PROJECT NOTES BUDGET SCHEDULE Bonita / Sequoia Intersection — County MSTIP Project. Traffic Signal 0 0 SRTS Locus Street Sidewalks Construction Complete • Murdock Street Sidewalk and Preparing Construction Bid Package Stormwater Improvements SRTS Templeton /Twality Preparing Construction Bid Package Improvements McDonald Street Field work starting January 2025 • Greenburg Road Sidewalks and County MSTIP Project 0 Bike Lanes ADA ROW Program 2024 program will need to be completed after school is out for summer break. 0 CITY OF TIGARD Status of Transportation Projects PROJECT NOTES BUDGET SCHEDULE Streetlight Replacement Construction Bidding expected March 2025 Program • • Safe Streets and Roads for All Plan adoption expected in August 2025 (SS4A) Action Plan 0 Ki-a-Kuts Bridge Pile Construction Complete Rehabilitation Fanno Creek Regional Trail ODOT led Project Crossing Safety Improvements SW 95th Avenue/Highway 217 Predestrian and Bicycle Bridge ODOT led project Refinement Study C I T Y O F T I G A R D Transportation Project Highlight .. ...,, ,_ •i s\ ti it /�'� ^ °f A —- Wil- Y f1r ,L'•• • y �K `.~+ y • J ;" _" ..; t w:' y# �Aea,, k9, ! J '� i = '.. _ 2 ¢� • • ' - + J k. ,# ate, L�` O sig _r X' Iglu kr :.. to j�` •-', t .& .fi ' 1 �%' `t�" '� _ Y / {t{ d .+° ' B it, ' . w' a. y - _ - , / /: 'r "t. n.4h mit..� 4 EA .t"'- 4-,,'N• �_• CIP#95073 — Safe Routes to School Locust Street Sidewalks CITY OF TIGARD Status of Water Projects Substantial completion expected in Reservoir 18 & Pump Station Spring 2025 Red Rock Creek Waterline Phased Project Relocation Final phase in design Pipeline Renewal and Replacement Program On-going Program Aquifer Storage & Recovery Wells 2 & 3 Generator Replacement at Preparing final construction documents and Canterbury Pump Station land use application. Water Meter Modernization Preparing implementation plan Water Treatment Plant & RIPS Lake Oswego Led Project Generator Lead and Copper Rule Revisions Inventory complete and submitted to OHA Compliance Risk and Resilience Assessment Not Started and Emergency Response Plan C I T Y O F T I G A R D Water Project Highlight , , „,,,, ,,,,, r , ,, ' '''' t, , ''' : „ ?,:t , 7 EPlif ,,-.„ .....„.. . , .,-,"- .44 -4. ti�ti a,'L:-- .�-•,Vv...,-n�`a�_,tr-'>.-..,�. rS.'dY_,":>�:.,-ss. frSr".a�y,.,`^st,-.'?,_T k$ iri.,..'. ',,'';,:.r i:vs ig �._ - ,_ ,.E 4 ;g„;.x.o°':-T' S r.,%0 r�, 4.44 .* .,3" Y , '* �',./...„,,,* iC # 'q . ur ' < ,1 ., . 's� -4,,A 17 �fi, a»P w 1.4N,* b554s, lte .t� , . _ 0 { *� , { r 8 k . f' c 4 ' � a :Fr ?r r , k. d ,' fa,& Sa ,°" . ay , .;-71.' ic. ssfiY'>rC'or —7f ; : .A '44''''''a4tk 4.t. •Reservoir 18 ..: CITY OF TIGARD Status of Sanitary Sewer Projects PROJECT NOTES BUDGET SCHEDULE Sanitary Sewer Major Maintenance Repairing/lining sewers, manholes 0 0 Sanitary Sewer System Plan Update Expected to start in March 2025 111 111 Cured-in-Place Pipe (CIPP) Construction Bids under review Rotary Plaza Restroom CITY OF TIGARD Sanitary Sewer Project Highlight _ n , 4 y„ .] i , !,. ♦ , 1,- .pp I ^ ,,.]� ,y 5�.i .11)./..,..,_-„,..,,.., rF°R-,.:44.4-41= e--�. w +j .4t . + To y x 74 — L • * y Sp a 4 •a r y"'u LLy J' I X '1.V ':'tn •. i r Y _ _ — - —' i I 1, 1 5 -f VA'. , it _ U - - - . -. / - A n 9 a►` 0 4-i'• -..-1.-- pp. , ....,... ..,, ...., , ,... .......\ $ ` ,meq. i, W. •.... 4 14: S. P : . • • ,,4-4 41011111: 5 ,..,:pp,: CIP#93003 — Sanitary Sewer Major Maintenance Program CITY OF TIGARD Status of Stormwater Projects Stormwater Major Maintenance Multiple pipe, culvert and stream system repairs Kruger Creek Stabilization Substantially complete Red Rock Creek Stabilization 90% Design Complete and Enhancement Stormwater System Plan Update Expected to start Spring 2025 0 North Dakota Street Construction 0 Stormwater Improvements 121st Avenue Bridge and • Summer Creek Bank Early Design Phase Stablization CITY OF TIGARD Stormwater Project Highlight . y - ,'- •` — �am_t � + S TEEL' r � Y' \�"' f _ _fi . -; `• ��`sf .7�yr r - ""' " Oz - .-..-11 'ir.��, :-- _ ir -.f . 1. , ...,_ . .. , , , . . . , , . . . , , .g, ,. . . . . . . . .: ,..,:: . ,. .----it.......fi4 l'‘,........-.: . -, • ,� 4 ,orf -,•-",-;,--:-.... s . lw. m, 4: /r -- .- Y + tis -'.J. .�'S Y� r s h• am' • ;` !\. • ,>;' _ '"- - - _ we .'_` t .^•� R1'^w (,4 c 4 �4� -•-•,fir.. ✓__ .4-.-c.-.7.4 '•}'�r.tyq�.L ' .:y'4. CIP#94054 — North Dakota Street Stormwater Improvements CITY OF TIGARD Status of Facility Projects Library HVAC System City Facilities Modernization — PW and Police CITY OF T I GA R D Respect and Care I Do the Right Thing I Get it Done :1 TIGARD Thank You Joe Wisniewski City Engineer Public Works — Engineering Division Tigard City Council Meeting January 28, 2025 AIS-5743 9. Business Meeting Meeting Date: 01/28/2025 Length (in minutes): 0 Minutes Agenda Title: Supplemental Questions and Answers Presented By: N/A Item Type: Receive and File Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The City Council may have questions for staff after the council meeting packet is published. For public transparency, these questions and the answers provided by staff are due the afternoon of the meeting and will be attached to the end of the meeting packet. ACTION REQUESTED None BACKGROUND INFORMATION Council may have questions for staff regarding agenda items. These questions can be asked during the meeting or through an email to the city manager and other staff prior to the meeting. In the interest of public transparency, any questions and staff answers are listed on the Supplemental Questions and Answers list. This will be attached to the meeting packet, which is available online. There may be no questions and in that case, this Agenda Item Summary will have no attachments. ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES N/A Attachments 2025-01-28 CCM-SQA Supplemental Questions and Answers January 28, 2025 - City Council Meeting Agenda Item No. 6. - LEGISLATIVE PUBLIC HEARING: ADOPT FOOD CART DEVELOPMENT CODE CHAPTER 18.450 Q: (Councilor Hu) Why are food cart codes included in the chapter for Historic Resources? A: (Assistant Community Development Director Warren) The food cart chapter is a new one.To maintain the current practice of keeping chapters generally in alphabetical order,the Historic Resources chapter is being renumbered,so the food cart chapter takes its old place. Page 2 of the proposed adoption package provides some information on this change. Q: (Councilor Hu) 18.750.010 D -Are carts/pods only be permitted in "parking areas?" A: (Assistant Community Development Director Warren)The purpose statement is meant to provide some information about the intent of the code. Purpose statements generally do not have a regulatory role.The exception is when making findings for any adjustment.This particular purpose statement is intended to show that food carts are allowed in areas that would have been originally constructed as parking areas. It does not, and could not, require food carts to be exclusively placed in these areas. Q: (Councilor Hu) 18.750.060 I / 18.750.070 N - Do these provisions effectively prohibit drive-through services? A: (Assistant Community Development Director Warren) Although these two standards do not explicitly prohibit drive-through services,they could be interpreted that way. If the Council should wish to prohibit drive-through services in food cart pods,the CD team can prepare draft language that Council could include by motion. Q: (Councilor Hu) 18.750.060 L- Is the term "adequate means" clearly understood? A: (Assistant Community Development Director Warren) For this particular use,the phrase"adequate means" is intentionally subjective.The reason for this is that land use is not the typical venue for reviewing FOG management,and we would not want to provide prescriptive standards that could potentially run counter to those required by the city's building department,engineering, or Clean Water Services. For example,some food carts do not have grease separators on site and instead transport grey water to CWS disposal sites.The code is intended to be able to allow the breadth of January 28, 2025 — City of Tigard — City Council Meeting options acceptable to our partners and teammates while still ensuring that some kind of FOG management is planned for and in place. Q: (Councilor Hu) 18.750.060 L-The standards reference 18.435 and 18.410 regarding signs and off- street parking, respectively. What about landscaping and screening in 18.420? A: (Assistant Community Development Director Warren)The screening standards and any other applicable provisions are covered by 18.750.070.U.Any applicable standards in the development code may be applied, depending on the proposal. Signs and off-street parking were specifically cited due to the assumption that both will be present in every case and to thus highlight them to an applicant. Q: (Councilor Hu) I'm having trouble understanding why declaring this an emergency is needed. I can see that they are relating to the health, safety and welfare of the city, but I need more explanation on why it has to take effect immediately. A: (Assistant Community Development Director Warren)The lack of adequate provisions in the code to allow food cart operations is creating an issue for entrepreneurs who have been waiting while the city corrects these deficiencies.This group of entrepreneurs includes at least one who has received a city grant for this specific use. Additional delay in a pathway to approval creates additional financial risk for these entrepreneurs, in contravention to the city's economic development goals. Additionally, the lack of clear standards for FOG management in food cart approvals creates additional risk for the city's infrastructure. January 28, 2025 — City of Tigard — City Council Meeting