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City Council Packet - 05/08/2018 711 City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY Agenda Order Revised and Police Chief Report Added on 5/8/18 MEETING DATE AND TIME: May 8,2018 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be beard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://www.tigard-ogov/city hall/council meeting.pho CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. ' " City of Tigard TIGAR- D Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& TOWN CENTER DEVELOPMENT AGENCY Agenda Order Revised and Police Chief Report Added on 5/8/18 MEETING DATE AND TIME: May 8,2018 - 6:30 p.m. Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION ,•EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Report from Police Chief McAlpine E. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. PROCLAIM TAKE KIDS TO PARK DAY C. PROCLAIM MAY 20-26 AS EMS WEEK D. CONSIDER RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS' COMPENSATION COVERAGE •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council!City Center Development Agency has voted on those items which do not need discussion. 4. APPROVE RESOLUTION TO APPOINT A PLANNING COMMISSION MEMBER 7:35 p.m. estimated time 5. RECEIVE UPDATE FROM 2017-18 LEADERSHIP TIGARD CLASS 7:40 p.m. estimated time 6. CONSIDER A REGIONAL FLEXIBLE FUND IGA FOR MAIN STREET PHASE 2 7:50 p.m. estimated time 7. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE TIEDEMAN CONNECTION IGA BETWEEN METRO AND TIGARD 8:05 p.m. estimated time 8. CONSIDER ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAP 1'ER 2.12 8:10 p.m. estimated time 9. CONSIDER RESOLUTION AMENDING THE PARK AND RECREATION ADVISORY BOARD BYLAWS 8:20 p.m. estimated time 10. QUASI-JUDICIAL PUBLIC HEARING: SHELBY ANNEXATION (ZCA2018-00001) 8:25 p.m. estimated time 11. COUNCIL CONSIDERATION OF AMENDMENT#6 TO THE CITY CENTER URBAN RENEWAL PLAN 8:50 p.m. estimated time 12. TCDA BOARD CONSIDERATION OF AMENDMENT#6 TO THE CITY CENTER URBAN RENEWAL PLAN 8:55 p.m. estimated time 13. CONSIDER RESOLUTION FOR TOWN CENTER DEVELOPMENT AGENCY DEVELOPMENT AND DISPOSITION AGREEMENT 8:35 p.m. estimated time 14. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 15. NON AGENDA I1'P.MS 16. ADJOURNMENT 9:00 p.m. estimated time SUPPLEMENTAL PACKET FOR -�"ads *� ,,i:x.,,,j DATE OF MFEl Iard PD Strategic Dashboard • _ry, Tigard ateg c as board For April 2018 4111) Jam. 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) Small numbers cause large percentage increases and decreases. Crime sna s shot Selected Group A Offenses Apr 2017 Apr 2018 % Chg 2017 YTD 2018 YTD % Chg Person Crime 35 49 40.00% 128 164 # 28.13% Assault 28 45 4 60.71% 93 134 # 44.09% Robbery 2 4 4 100.00% 11 15 • 36.36% Property Crime 170 258 4 51.76% 745 895 * 20.13% Burglary-Residential 7 4 -42.86% 19 24 • 26.32% Burglary-Business 6 9 i 50.00% 20 26 • 30.00% Burglary- Other 4 0 -100.00% 44 6 0 -86.36% UUMV 3 22 • 633.33% 31 43 0 38.71% Theft 95 126 32.63% 409 450 0 10.02% Vandalism 21 35 66.67% 83 143 • 72.29% Societal Crimes 44 41 -6.82% 156 195 i► 25.00% DUII 6 5 -16.67% 29 47 • 62.07% Drug Offense 22 13 -40.91% 64 48 0 -25.00% Disorderly Conduct 2 5 150.00% 14 19 a 35.71% Calls for Service Apr 2017 Apr 2018 % Chg 2017 YTD 2018 YTD % Chg Dispatched Calls 1624 1845 13.61% 6429 7364 * 14.54% Self Initiated Calls 1616 1328 -17.82% 6453 6620 • 2.59% Response Time Priority 1 &2 5.98 6.82 14.05% 6.22 6.18 0 -0.64% Priority 3 10.57 9.35 -11.54% 10.30 9.08 0 -11.84% Priority 4 + 9.77 10.53 7.78% 10.08 9.07 0 -10.02% s ,2 d w 44 a `4 ::,- mfy "° r� ,A °".*Z, a 5.�i aux .�,�.I �s:<u��. 44 Community Concerns Gentle Woods Drug House Community Outreach and Events Upcoming Events * Coffee With a Cop(4/11) *Iron Chef Competition(4/17) *National Walk&Bike to School Day(5/9) *WA Co Candidates Forums (2 events) *Shred Event at PD (4/21) *Tigard Bike Rodeo(5/12) *WA CO Safety Academy(4 sessions) *Bring Your Kid to Work Day(4/26) *Grant Funded Safety Belt enforcement blitz (5/14-27) *Job Fait at Police Academy(4/20-21) *Chamber Shining Stars event(4/27) *PD Open House(6/16) *Drug Turn In Event at PD (4/28) *Grant Funded Pedestrian Crosswalk mission(June) *Person Crime-Assault,Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUII,Family Offense,Liquor Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard. 1 *�` ''' �'"`' Tigard PD Strategic Dashboard ,ti Ott_ tivouct For April 2018 r 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) f'41t1t`ty ,r z�. �`,I. `Employee Snapshot , . , ,.„ 1,,,,,, ,,, _A,s W_94,4 __ , Actual Budget %Budget Sworn 69 72 96% Non-Sworn 16.5 16.5 100% Total Number of Personnel 85.5 88.5 97% Patrol Officer Staffing 33 351 Personnel Unavailable for Work Patrol All Other Overall # of Recruits in Pre-Academy - - - # of Recruits in Academy - - - # of Recruits in FTEP 3 - 3 # of Personnel on Extended Sick Leave 1 - 1 # of Personnel on Military Leave 1 - 1 # of Personnel on Light Duty 1 1 #of Personnel on Administrative (or other) Leave - 1 1 Total Personnel Unavailable to Work during some Period during the Month 6 1 7 Total Officers Available to work PATROL some period during the Month 27 ,W Budget Information is based on the best available data. FY 2016-2017 Budget FY 2017-2018 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 87% 83%0 4% 71% 83%0 -12% Operations 75% 83%e -8% 74% 83%e -10% Services 68% 83% 0 -15% 80% 83% s -3% Total Department Budget 76% 83%0 -8% 76% 83%0 -7% Budget Information is based on the best available data. FY 2016-2017 FY 2017-2018 Percent YTD Budget Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 85% 83%02% 67% 83%e -16% Operations 99% 83%al 15% 44% 83%s -39% Services 75% 83%0 -9% 80% 83% , -3% Total Overtime 88% 83% 05% 53% 83%e -30% 2 *`' „1. s'`f� Tigard PD Strategic Dashboard u cr, �' "0 .,' For April 2018 4�, "... oit, zr 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) Calls For Service - k3 ..Mo PUBLIC DEMAND SELF INITIATED APR :111 APR ; � FEB El:l"li win FEB "OM' r N Llai DEC Ahll DEC W1I coinC:I3�# OCT IIIIIIIMM.IIIIIIIISUill i OCT 11111111111111111111111111MININNOWM AUG11't* AUG p� t i its 1 E Ic JUNE 1:I t:* `' JUNE I 1 AM APR 1111111111111111114111111121fer4s 1 1 ; APR [JOE 1400 1500 1600 17-0 1800 '+' 2000 0 500 1000 1500 2000 C,i _ Response Times - 5 Year Trend PRIORITY 1 AND PRIORITY 3 :.....�,,,.+..10.13"""'r.�10_57 ., .>.<)ti 9! ( 9.35 76 1 = PRIORITY 4+ Priority Priority 3 = Imminent threat to life — Urgent call where crime prevention is needed "...10.17 9.77- -”10.53 ........ 9.48 1 ` 8.73I Priority 2 = Immediate threat to life,occuring now Priority 4+ = Cold crimes or public assistance 3 „>� ' `�� , Tigard PD Strategic Dashboard .1"pLiC For April 2018 * TIGARD 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) Calls For Service B wont Pr r N APRIL APRIL PUBLIC DEMAND CALLS 'vSELF INITIATED CALLS 1855"- -"*..". 3S” 1845 1fx24 2167 \ aSUG 1473 _ 1616 1584�"1372 ' 13(28 I ti£ Tracking Code Cases The tracked counts of these have all Overdose 0 0 3 4 8 increased. Each involves multiple officers,evidence processing, and trips to POH 45 15 40 39 77 hospitals in some cases. Suicide 1 2 2 3 4 Att. Suicide 11 21 13 20 27 DHS Refer 132 159 160 164 187 OHS referrals and cases of allegations of Vulnerable 28 6 11 21 14 abuse to an elderly or mentally challenged victim end up in the caseload Dom Viol 31 30 19 34 46 of Detectives and SROs. / 10 37 39 46 ORC Theft 4 7 14 12 15 Domestic Violence reports have / Graffiti 69 53 21 16 65 a_ .z doubled in 5 years ° ,: LBHI - Transient Total Calls Logged: 207 # of Calls-BHI 119 # of Calls Transient 88 # of Calls Dispatched 146 # of Calls Self Initiated 41 Total Time Spent 161:08:00 (hr:min:sec) 4 City Council Update May 2018 SUPPLEMENTAL PACKET Chamber Update FOR > _ t1 f Promoting Community (DATE OF MEETING) Leadership Tigard Today was Public Safety&Judicial day for the Leadership Tigard class. Great tour of station 51, hands on exercises with fire hoses, experiencing the bucket truck, tour of the Tigard Police Station, presentations from K-9, Commander McDonald, Judge Erwin, and CERT. Graduation is 5/22/18 at Broadway Rose Theater 5 p.m., hope you can attend. Education,Advocacy, & Building a Strong Local Economy • 5/16/18— 1:15 p.m.—Gov't Affairs and Public Policy Committee Meeting • 5/22/18 7:30-8:45 a.m.—Invest in U @ Broadway Rose Theatre Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 5/10— Hosted by Just Compassion at the Day Center, 5/17—Hosted by Sagestone Financial , 5/24- Hosted by HUB I Coordinated Resource Group, 5/31—Hosted by Bridgetown Marketing G.E.T. Connected After Hours hosted by FlyBoy Brewery 5/15 5-630 p.m. Details at http://business.tigardchamber.org/events/calendar/follow us on Twitter @tigardchamber Tigard Farmers Market Update Opening Day was this last Sunday May 6th, in our new location on Burnham Street at Main. We had over 600 patrons!. We have received great feedback from market patrons, community, vendors and downtown businesses with this change. Thank you to City of Tigard Public Works, Police &TVF&R for your support with this location change. Downtown business supporters include Tigard Taphouse, Tigard Liquor and Beach Hut Deli. We will have the Market Sprouts Kids Club, Music at the Market, the Community Booth and will be doing the SNAP Matching program again this year thanks to a generous grant from TWSCD. TDA Downtown Updates • Join us for Art Walk 2018 June 1'through 3rd. Pop Up Gallery will be in conjunction with Tigard Farmers Market on Sunday June 3rd at Tigard Taphouse • Save the date for Street Fair Saturday, September 8th Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard TIC Leadership TigardIII1P FARMS TDA �.r CrtAMS ROP{„CMMOM ng Community. AIS-3512 3.A. Business Meeting Meeting Date: 05/08/2018 Length (in minutes):Consent Item Agenda Title: Receive and File: Council Calendar and Tentative Agenda Submitted By: Carol Krager,Central Services Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future council meetings. STAFF RECOMMENDATION / ACTION REQUEST No action is requested; these are for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A -Receive and File Items Attachments Three-month Calendar Tentative Agenda IN" 1* i mi I MI MEMORANDUM TIGARD TO: Honorable Mayor&City Council FROM: Carol A. Krager,City Recorder RE: Three-Month Council Calendar DA'Z'E: May 1,2018 Below is a listing of council meetings for the next three months. Regularly scheduled Council meetings are marked with an asterisk(*). May 1* Tuesday Council Business Meeting 6:30 p.m.,Town Hall-Cancelled 7 Monday Budget Committee Meeting-6:30 p.m.,Public Works Auditorium 8* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 15* Tuesday Council Workshop Meeting 6:30 p.m.,Town Hall-Cancelled 21 Monday Budget Committee Meeting-6:30 p.m.,Public Works Auditorium 22* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 28 Monday Memorial Day Holiday,City Hall and Library Closed 29 Tuesday Budget Committee Meeting-6:30 p.m.,Public Works Auditorium(if needed) June 5* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall July 3* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 4 Wednesday Fourth of July Holiday,City Hall and Library Closed 10* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17* Tuesday PCouncil Workshop Meeting—6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall is\adm\city council\council calendar\3-month calendar word format.doc Meeting Banner 0 Business Meeting 0 • Study Session Special Meeting I Consent Agenda 0 Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 4/30/2018 9:29 AM - Updated Form Meeting Submitted By Meeting Title Department Inbox or Date Type Finalized 3323 05/01/2018 Kelly Burgoyne AAA May 01, 2018 Business One Meeting - MEETING _ CANCELLED 05/07/2018 May 07, 2018 Budget Committee Meeting 6:30 13.n1 3324 05/08/2018 Kelly Burgoyne AAA May 08, 2018 Business Meeting - Mayor Cook Absent 3441 05/08/2018 Kelly Burgoyne ACCSTUDY 1 15 Minutes - Council Liaison Reports Central Services 02/26/2018 1Total Time: 15 Minutes of 45 Minutes Scheduled Joanne 3495 05/08/2018 Bengtson ACONSENT Consent Item - Take Kids to Park Day Proclamation Mlanagement 4/10/2018 Joanne Consent Item - Proclaim May 20-26, 2018 as EMS City 3496 05/08/2018 Bengtson ACONSENT Week Management 4/10/2018 Consent Item - Resolution Extending City of Tigard City 3500 05/08/2018 Jennifer Curran ACONSENTVolunteers Worker's Compensation Coverage Management Krager C, City Recorder 3504 05/08/2018 Doreen CCBSNS 1 5 Minutes - Appoint Planning Commission Member Community 4/26/2018 Laughlin Development 3482 City 05/08/2018 Kelly Burgoyne CCBSNS 2 10 Minutes - Update from Leadership Tigard Management 4/26/2018 3502 05/08/2018 Carol Krager CCBSNS 3 15 Minutes - Consideration of a Regional Flexible Public Works Marty W, City Manager Fund IGA for Main Street Phase 2 4 5 Minutes - Authorize the City to Sign the First 3508 05/08/2018 Carla Staedter CCBSNS Amendment to the Tiedeman Connection IGA between Public Works Grass, M, Conf Exec Metro and Tigard Assistant 3449 05/08/2018 Steve Martin CCBSNS 5 10 Minutes - Update to the Tigard Municipal Code Public Works 4/26/2018 Chapter 2.12 6 5 Minutes - Update to the Park and Recreation 3450 05/08/2018 Steve Martin CCBSNS Advisory Board Bylaws Public Works 4/26/2018 1 I Page is\adm\city recorders\tentative agenda\april 30,2018.docx Meeting Banner 0 Business Meeting 0 Study Session l Special Meeting ❑■ Consent Agenda 0 Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 4/30/2018 9:29 AM- Updated 7 10 Minutes - Quasi-Judicial Public Hearing: Shelby Community 3437 05/08/2018 Lina Smith CCBSNS Annexation (ZCA2018-00001) Development Marty W, City Manager 3498 05/08/2018 Sean Farrelly CCBSNS 8 15 Minutes - TCDA Development and Disposition Community Patton, J., Senior Agreement Development Administrative Sp 3503 05/08/2018 Sean Farrelly CCBSNS 9 5 Minutes - Council Consideration of Amendment #6 Community 4/26/2018 to the City Center Urban Renewal Plan Development 3506 05/08/2018 Sean Farrelly CCBSNS 10 5 Minutes - TCDA Board Consideration of Community 4/26/2018 Amendment #6 to the City Center Urban Renewal Plan Development Total Time: 85 Minutes of 100 Minutes Scheduled 3325 05/15/2018 Kelly Burgoyne AAA May 15, 2018 Workshop Meeting - Meeting Cancelled - Lack of agenda items 05/21/2018 May 21, 2018 Budget Committee Meeting 6:30 p.m. 3326 05/22/2018 Kelly Burgoyne AAA May 22, 2018 Business Meeting 3442 05/22/2018 Kelly Burgoyne ACCSTUDY 1 15 Minutes - Council Liaison Reports Central Services 02/26/2018 Total Time: 15 Minutes of 45 Minutes Scheduled Joanne ftS Minutes - Present Prize to 2018 If I were Mayor City 3505 05/22/2018 Bengtson CCBSNS tudent Contest Winner Management 4/26/2018 Finance and 3360 05/22/2018 Kelly Burgoyne CCBSNS 2 10 Minutes - LCRB - Placeholder Information Barrett J, Sr Mgmt Services Analyst 3401 05/22/2018 Ken Ross CCBSNS 3 10 Minutes - Placeholder for Proposed Code Changes Community Ross K, Code for Chapter 6 Development Compliance Officer Total Time: 25 Minutes of 100 Minutes Scheduled May 29, 2018 Budget Committee Meeting 6:30 05/29/2018 p.m. - IF NEEDED 3327 06/05/2018 Kelly Burgoyne AAA June 05, 2018 Business One Meeting 3361 06/05/2018 Kelly Burgoyne CCBSONE 1 10 Minutes - LCRB - Placeholder Finance and Barrett J, Sr Mgmt 2IPage is\adm\city recorders\tentative agenda\april 30,2018.docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting ❑� Consent Agenda 0 Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 4/30/2018 9:29 AM- Updated Information Analyst Services Total Time: 10 Minutes of 180 Minutes Scheduled 3328 06/12/2018 Kelly Burgoyne AAA June 12, 2018 Business Meeting - Mayor Cook Absent 3443 06/12/2018 Kelly Burgoyne ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 02/26/2018 Finance and Barrett 3, Sr Mgmt 3362 06/12/2018 Kelly Burgoyne CCBSNS 1 10 Minutes - LCRB - Placeholder Information Analyst Services 2 25 Minutes - Photo Red Light and Speed Update to ]Shaw L, Police Business 3492 06/12/2018 Lisa Shaw CCBSNS Council Police J Manager 3509 06/12/2018 Steve Martin CCBSNS 3 10 Minutes - Shall Council Approve a Third Public Works Martin S, Division Amendment to the Lasich Property Purchase Manager 3510 06/12/2018 Steve Martin CCBSNS 4 10 Minutes - Shall Council Approve the Purchase of Public Works Martin S, Division a building Manager Total Time: 55 Minutes of 100 Minutes Scheduled 3329 06/19/2018 Kelly Burgoyne AAA June 19, 2018 Workshop Schuyler 1 45 Minutes - Update on Regional Affordable Housing Community Warren S, Associate 3433 06/19/2018 Warren CCWKSHOP Bond Development Planner 3507 06/19/2018 Rudy Owens CCWKSHOP 2 20 Minutes - Joint Meeting with Committee for City Robinson N, Central Citizen Engagement Annual Report Management Svcs. Director Total Time: 65 Minutes of 100 Minutes Scheduled 3331 06/26/2018 Kelly Burgoyne AAA June 26, 2018 Business Meeting 3444 06/26/2018 Kelly Burgoyne ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 02/26/2018 Total Time: 15 Minutes of 45 Minutes Scheduled Joanne Consent Item - Proclaim July as Parks and Recreation City 3454 06/26/2018 Bengtson ACONSENT Month Management 03/12/2018 Finance and Barrett ], Sr Mgmt 3363 06/26/2018 Kelly Burgoyne CCBSNS 1 10 Minutes - LCRB - Placeholder Information Analyst Services 3 1 P age is\adm\city recorders\tentative agenda\april 30,2018.docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 4/30/2018 9:29 AM - Updated 2 10 Minutes - Consider Resolution Certifying that the Finance and 3406 06/26/2018 Liz Lutz CCBSNS City of Tigard Provides Services Qualifying for State- Information Lutz L, Conf Exec Asst Shared Revenues Services 3 10 Minutes - Consider Resolution Declaring the Finance and 3407 06/26/2018 Liz Lutz CCBSNS City's Election to Receive State Shared Revenue Information Lutz L, Conf Exec Asst Sharing Services _ 4 15 Minutes - Informational Public Hearing: Consider Finance and 3408 06/26/2018 Liz Lutz CCBSNS Adoption of Master Fees and Charges Schedule Information Lutz L, Conf Exec Asst Replacing Resolution No. 17- and Subsequent Services Amendments 5 60 Minutes - Informational Public Hearing: Adoption Finance and 3409 06/26/2018 Liz Lutz CCBSNS of the Budget, Making Appropriations, Declaring Ad Information Lutz L, Conf Exec Asst Valorem Tax Levy and Classifying the Levy as Provided Services 6 10 Minutes - Informational Public Hearing: Adopt the TCDA FY 2019 Budget with Liz Lutz Adjustments, Finance and 3410 06/26/2018 Liz Lutz CCBSNS Information Lutz L, Conf Exec Asst Make Appropriations, and Impose and Categorize Taxes Services 3462 07/03/2018 Kelly Burgoyne AAA July 3, 2018 Business Meeting One 3483 07/03/2018 Kelly Burgoyne CCBSONE 10 Minutes - LCRB - Placeholder Finance and Barrett J, Sr Mgmt Information Analyst Services Total Time: 10 Minutes of 180 Minutes Scheduled 3463 07/10/2018 Kelly Burgoyne AAA July 10, 2018 Business Meeting 3484 07/10/2018 Kelly Burgoyne CCBSNS 10 Minutes - LCRB - Placeholder Central Services 04/03/2018 Total Time: 10 Minutes of 100 Minutes Scheduled 3464 07/17/2018 Kelly Burgoyne AAA July 17, 2018 Workshop Meeting Total Time: 10 Minutes of 180 Minutes Scheduled 4 I Page is\adm\city recorders\tentative agenda\april 30,2018.docx Meeting Banner 0 Business Meeting 0 Study Session Special Meeting ❑■ Consent Agenda 0 Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 4/30/2018 9:29 AM- Updated 3465 07/24/2018 ,Kelly Burgoyne AAA July 24, 2018 Business Meeting 3485 07/24/2018 Kelly Burgoyne CCBSNS -10 Minutes - LCRB - Placeholder Central Services 04/03/2018 Total Time: 10 Minutes of 100 Minutes Scheduled Budget Committee Meeting Dates: Monday,April 23,2018–6:30 p.m. Monday,May 7,2018–6:30 p.m. Tuesday,May 15,2018–Election Day Monday,May 21,2018–6:30 p.m. Tuesday,May 29,2018–6:30 p.m. - If needed— Council Confirmed Travel&Vacation Dates: Mayor Cook May 1 (DC Conference) Mayor Cook May 8 (DC Conference) Marty Wine May 1-4 (OCCMA NW Regional Mgr Mtg) Eric Zimmerman May 1-4 (OCCMA NW Regional Mgr Mtg) Eric Zimmerman June 4-5 (GFOA Conference) Mayor June 7-12 (US Conf. of Mayors,Boston) Eric Zimmerman June 15-22 (Vacation) Marty Wine July 10-13 (OCCMA Summer Conf.) 5Page is\adm\city recorders\tentative agenda\april 30,2018.docx AGENDA ITEM NO. 3-D - CITIZEN COMMUNICATION DATE: May 8, 2018 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will � i/ (A, r help the presiding officer pronounce: N 6 Address ` P L� City C State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION AIS-3495 3. B. Business Meeting Meeting Date: 05/08/2018 Length (in minutes):Consent Item Agenda Title: Proclaim Take Kids to Park Day Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook proclaim May 19 at Take Kids to Parks Day? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY Kids to Parks Day is an opportunity to cultivate future generations of outdoor enthusiasts and conservationists by bringing families and kids of all ages outdoors to their parks,Kids to Parks Day instills the value and appreciation of our public lands creating the next generation of park stewards. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The Tigard City Council established a goal to expand recreational opportunities for the people of Tigard and this proclamation supports the use of the great parks and open space that the city maintains. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time Council has considered this request for proclamation. Attachments Take Kids to Parks Day _ , : .r 411 ( ‘ , . : iv 3 ' 10.2C I c(lition f , v ,,.. , _ _ , i , , , , ,......„.........: Esq q/ �gard f TAKE KIDS TO PARKS DAY <i of May 19, 2018 ', Whereas, May 19th, 2018 is the eighth Kids to Parks Day organized and Ei., launched by the National Park Trust, held annually on the third Saturday of May; and lu q. 9 : 4 Whereas, Kids to Parks Day empowers kids and encourages families to get i 4 a outdoors and visit America's parks; and # Whereas, it is important to introduce a new generation to our nation's parks, ' '0 ' and Whereas,we should encourage children to lead a more active lifestyle to W combat the issues of childhood obesity, diabetes and hypertension; and Whereas, Kids to Parks Day is open to all children and adults across the :r 's country to encourage a large and diverse group of participants; and c' 11 Whereas, Kids to Parks Day will broaden children's appreciation for nature and . -4,r i outdoors. NOW THEREFORE BE IT RESOLVED THAT I,John L. Cook, Mayor of .1ff .. the City of Tigard, Oregon, do hereby proclaim May 19, 2018 as Take Kids ° to Parks Day and encourage residents to take the children in their lives to 5= }}, a neighborhood, state or national park! 4t 'S :11 f;,.'7,`,,,,-,. Dated this day of , 2018. a o� IN WITNESS WHEREOF, I have hereunto set my hand and caused the 1 ' R x Seal of the City of Tigard to be affixed. lit fh John L. Cook, Mayor t,,. City of Tigard Attest: City Recorder AIS-3496 3. C. Business Meeting Meeting Date: 05/08/2018 Length (in minutes): Consent Item Agenda Title: Proclaim May 20-26,2018 as EMS Week Prepared For: Joanne Bengtson,City Management Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook proclaim May 20-26,2018 as EMS Week? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY National Emergency Medical Services Week brings together local communities and medical personnel to publicize safety and honor the dedication of those who provide the day-to-day lifesaving services of medicine's"front line." OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION Tigard has a great relationship with Emergency Services personnel and the Council has issued this proclamation honoring their service for many years. Attachments EMS Week i d r iii_4t, .,„ 117r.,:-,;',::-. 4 .4k (3, , ;( it ( � gard l , / (Iryari EMERGENCY MEDICAL SERVICES WEEK ! May 20 -26, 2017 1' i WHEREAS, Emergency Medical Services is a vital service to the community, the T� :' members of emergency medical service teams are ready to provide compassionate, ," ii: lifesaving care to those in need 24-hours a day, seven days a week; and ! WHEREAS,Access to quality emergency care dramatically improves the survival and . #tr. ` e '1 recovery rate of those who experience sudden illness or injury; and ' -;:`1s 4,,'y >'- WHEAREAS, The emergency medical services system includes paramedics, $x . a firefighters, law enforcement officers, emergency physicians, emergency nurses, l' 4.:11: ;:! emergency medical technicians, emergency medical dispatchers, educators and pu "i•1 administrators; and ;AV11 *kV I WHEREAS,The members of emergency medical services teams,whether career or `� volunteer, enhance their lifesaving skills by completing thousands of hours of li 1: specialized training and continuing education; and Illlk WHEREAS, Tigard residents benefit daily from the knowledge and skill acquired by 'i$ oz these highly trained individuals, it is appropriate to recognize the value and ! accomplishments of emergency medical service providers. NOW THEREFORE BE IT RESOLVED THAT I,John L.Cook, Mayor of the City of ',; Tigard, Oregon,do hereby proclaim the week of May 20-26,2018 as ✓ EMERGENCY MEDICAL SERVICES WEEK :. Vii; i,� 4. „, ! in Tigard, Oregon and encourage people throughout the city to recognized the value ; 1- emergency medical service providers give to our community and honor them for a job .� well done. o ` Dated this day of , 2018 N IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. =i John L. Cook, Mayor City of Tigard I Attest: il r. i Carol Krager, City Recorder1/4*:::::. .,:- ; AIS-3500 3.D. Business Meeting Meeting Date: 05/08/2018 Length (in minutes): Consent Item Agenda Title: Consider Resolution Extending City of Tigard Volunteers Workers' Compensation Coverage Prepared For: Jennifer Curran Submitted By: Jennifer Curran,City Management Item Type: Resolution Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The city has historically provided workers' compensation coverage for volunteers who are injured while volunteering for the city. This resolution would continue to extend that coverage to volunteers of the city. STAFF RECOMMENDATION I ACTION REQUEST Passage of this resolution,which will allow continued workers' compensation coverage for volunteers of the city for policy year 18/19. KEY FACTS AND INFORMATION SUMMARY Workers' compensation coverage for volunteers insures that when a volunteer is injured,their medical and other costs related to the injury are paid in a manner consistent with how an employee would be treated by the city's workers' compensation carrier. OTHER ALTERNATIVES There are few options other than purchase of workers' compensation coverage to provide this benefit to injured volunteers. Accident insurance is an alternative that covers only a limited amount of medical coverage (not providing for wage loss,or medical in the event of a serious injury), similarly priced, and not readily available through our current carrier. Workers'compensation coverage provides an exclusive remedy for injuries when volunteering,meaning a volunteer would be covered by workers' compensation,and not under our liability policy. Should the city not provide workers' compensation coverage,an alternative for an injured volunteer would be managing their injury with their own resources, or filing a liability claim against the city. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION The last resolution extending coverage was issued in 2016,resolution number 16-28 Fiscal Impact Cost: $6700 Budgeted (yes or no): Yes Where Budgeted (department/program): Risk/Insurance Additional Fiscal Notes: Cost of coverage varies depending on hours worked and recorded. This cost could vary. In years past, we've seen cost as high as $13,000. This estimate is based on similar anticipated hours of work as last fiscal year. Attachments Volunteer WC CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION EXTENDING CITY OF TIGARD VOLUNTEERS WORKERS' COMPENSATION COVERAGE WHEREAS,the City of Tigard acknowledges the valuable service rendered by City of Tigard volunteers;and WHEREAS,the City Council places high value on volunteers and the volunteer program and has provided this coverage for several years to protect volunteers if they are injured during volunteer work;and WHEREAS,Oregon law requires cities determine whether Workers'Compensation Insurance will be provided to volunteers (ORS 656.031);and WHEREAS,Workers'Compensation Insurance is less costly and provides more benefits than health insurance; and WHEREAS,the City of Tigard participates in the City County Insurance Services (CIS) Group Self-Insurance Program, which requires a resolution be adopted annually by the Tigard City Council to extend Workers' Compensation Insurance coverage to City of Tigard volunteers;and NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Pursuant to ORS 656.031,Workers' Compensation coverage will be provided to classifications listed on the attached Volunteer Program Worksheet (Exhibit A). Assumed wages for police reserve officers,boards and commissions,and the Mayor and Council are provided on attached Exhibit A. An assumed hourly wage of$11.25 will be used for all other volunteers. SECTION 2: A roster of active volunteers is updated monthly for reporting purposes. It is acknowledged that CIS may request copies of these rosters during year-end audit. SECTION 3: Unanticipated volunteer projects or exposures not addressed herein will be added to the City of Tigard's coverage agreement by endorsement and advance notice to CIS, allowing at least two weeks for processing. It is hereby acknowledged that Worker's Compensation for unanticipated volunteer projects cannot be backdated. SECTION 4: This resolution will be updated annually as long as Tigard is a member of the CIS Workers' Compensation Self-Insurance Services Group and chooses to provide Workers' Compensation Insurance for City volunteers. SECTION 5: The coverage affected by this resolution is for the 2018/2019 coverage year(July 1,2018 through June 30, 2019) with the City's membership in the CIS Workers' Compensation Self-Insurance Services Group. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 18- Page 1 PASSED: This 8th day of May 2018. Mayor-City of Tigard A I EST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 2 EXHIBIT A - City of Tigard Volunteers Workers'Comp Program FY 2018-19 Volunteer Time Assumed Wage,oar Volunteers Anticipated hour uniessotherv,se Estimated Position Title WC Code Anticipated yehvursj marked, Notes Payroll ;Photographer 4361V 2 SO $11.25 Photographer indoors and outdoors-can use ladder $563 Office work and work within the ROW.Minimal traffic Traffic&Accident Data Coor. 5506V1 300 $11.25 control&will require flagging training from certified COT $3,375 staff member. Library Volunteers(Traveling) 7380V 6 150 $11.25 Driving personal vehicles to homes of"shut ins"deliver $1,688 materials-Friendly Visitor Program Community Service Supervisors 7720V 2 130 $11.25 Supervision of community service,PEER Court&Municipal $1,463 Court work crews/individuals. Juvenile Court Offenders 7720V 20 200 $11.25 Juveniles from Municipal Court providing community service $2,250 CERT Volunteers Training/Quick 8411V 220 4,500 $11.25 Training&activation. Estimated hours represent training $50,625 Response only. Police Cadet Volunteers 8411V 6 1,700 $800/month/ Police Cadets are youth age 16-20 participating in $57,600 member community service outreach for the police department. Reserve Police Officers 8411V 3 1,920 54,980/month/ Note:Assumed wage is mid-range police officer salary $173,916 member Police Chaplain 8742V 1 350 $11.25 Provides spiritual support to police department. $3,938 Boards&Committees 8742V See membership N/A 52,500/board/yr. 12 boards&commissions(see list i bottom of page 2). $30,000 listing belowMeetings&limited travel to view field sites. All tasks in-house;check-in materials,shelving,data entry, Library Volunteers(No travel) 881W 440 17,000 $11.25 $191,250 processing new materials,translation,etc. Office Assistance 8810V 5 250 $11.25 Clerical type work assignments in administrative offices $2,813 Translators 881W 2 80 $11.25 Working in office setting or in the home translating $900 information from one language to another. I Teenagers serving as attorneys,jurors,clerks in court room. i PEER Court Service 8820V 12 450 $11.25 Adults serving as judges and facilitation of process. $5,063 DARE Camp Supervsiors 901W 2 40 $11.25 Mentoring kids at damp(does not including driving). $450 'Building Maintenance 901W 2 25 $11.25 Room set up&tear down,general cleaning. $281 Planting trees,blackberry removal,greenway cleanup,path Park Landscape Maintenance 9102V 10 50 $11.25 clean up,trail maintenance.This code allows use of gas $563 powered leaf blowers and reciprocating weed eaters. Earth Day,Make A Difference Day,etc. Includes planting :Citywide Celebrations 9402V 20 200 $1125 trees,library shelf cleaning,community cleanup,street $2,250 cleanup patrols Stenciling catch basins,Adopt-A-Creek program with weeding&limited trash removal&cleaning/painting water Storm/Water Maintenance 9402V 10 30 $11.25 hydrants.This code allows use of gas powered leaf blowers $338 and reciprocating weed eaters.Also,trail counting and review. Street Cleanup Program 9402V 10 30 $11.25 Roadside cleanup.This code allows use of gas powered leaf $338 blowers and reciprocating weed eaters. Door to Door Distribution 9410V 3 30 $11.25 Delivery of brochures/door hangers $338 TOTAL Estimated Payroll for FY 2018-19 $529,997 NOTE:Twelve boards,commission and task forces(WC Code 8742V)are as follows: Budget Committee 5 non-council members Audit Committee 3 noncouncil members Town Center Advisory Commission 8 Tigard Transportation Advisory 13 Subcommittee 6 Intergovernmental Water Board 3 members only-Tigard representatives and at-large member if appointed by city. Levy and Bond Advisory Task Force 17 Homelessness Task Force 17 Committee for Community Engagement 11 Library Board 13 Parks&Recreation Advisory Board 7 Youth Advisory Council 12 Total 115 NOTE:Mayor and Council are not reported as volunteers because they are paid monthly stipends which are reported with payroll figures under WC Code k 8742. RESOLUTION NO.18- PAGE 3 AIS-3504 4. Business Meeting Meeting Date: 05/08/2018 Length (in minutes): 5 Minutes Agenda Title: Approve Resolution to Appoint a Planning Commission Member Prepared For: Tom McGuire,Community Development Submitted By: Doreen Laughlin,Community Development Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall Council appoint Melanie Brook as a voting member of the Tigard Planning Commission? STAFF RECOMMENDATION / ACTION REQUEST Approve a resolution appointing alternate Commissioner Melanie Brook to an unexpired term as a voting member of the Planning Commission.The term will expire on December 31,2021. KEY FACTS AND INFORMATION SUMMARY Due to the resignation of Commissioner Jan Lambert,as of April 16,2018,there is an opening on the Planning Commission. The open position is for a voting member at the beginning of a term that is due to expire December 31,2021. In December 2017,Tigard resident Melanie Brook applied for the Planning Commission and was appointed as an alternate member. Commissioner Brook was contacted by staff about this recent opening,and indicated a desire to serve as a full voting member. The Mayor's Appointment Advisory Committee member Mayor Cook,and liaison to the Planning Commission, Councilor Anderson,were contacted by staff regarding the situation. They were reminded of Commissioner Brook's application and qualifications and were informed about her willingness to serve as a full voting member. Mayor Cook and Councilor Anderson are in agreement that alternate Commissioner Melanie Brook should be appointed to serve out the rest of this unexpired term. Attachment 1: Resolution implementing recommended appointment. Attachment 2: Biographical information on recommended appointee. OTHER ALTERNATIVES Council could choose to appoint the other alternate, Commissioner Whitehurst, or they could direct staff to advertise for another person to fill the position. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Goal#5 "Expand Opportunities to Engage People in the Community" DATES OF PREVIOUS COUNCIL CONSIDERATION N/A ' Attachments Resolution PC Bio-Commissioner Brook CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION APPOINTING MELANIE BROOK AS A VOTING MEMBER OF THE TIGARD PLANNING COMMISSION TO FILL FORMER COMMISSIONER LAMBERT'S UNEXPIRED PERM. WHEREAS,there is one vacancy for a voting member on the Planning Commission;and WHEREAS, the Mayor's Appointment Advisory Committee member, Mayor John Cook, recommends that Council appoint alternate Commissioner Melanie Brook as a voting member to fill the unexpired term that will end December 31,2021. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Melanie Brook is appointed to the Planning Commission as a voting member to fill an unexpired term ending December 31,2021. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard A IThST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 Attachment 2 PLANNING COMMISSION RECOMMENDED APPOINTEE'S BIOGRAPHICAL INFORMATION On May 8, 2018,Tigard City Council will consider a Resolution to appoint Melanie Brook as a voting member of the Tigard Planning Commission. Melanie Brook moved to Tigard from Lake Oswego nearly a year ago. She grew up in Placerville, California then moved to Utah for school. Melanie holds a Bachelor of Arts Degree in Public Relations and Business Management from BYU. After graduation, she moved to Oregon. Currently, Melanie works full time as an Event Manager at Revelry Agency in downtown Portland and coordinates weddings part-time for Bridal Bliss in Lake Oswego. Melanie volunteered as a Blood Drive Coordinator for the Marshall Community Blood Center for four years and later served on a fundraising team for the Red Cross, to coordinate a "Run for Red 5k." AIS-3482 5. Business Meeting Meeting Date: 05/08/2018 Length (in minutes): 10 Minutes Agenda Title: Receive Update from 2017-2018 Leadership Tigard Class Submitted By: Kelly Burgoyne,Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Update City Council on the 2017-2018 Leadership Tigard class and community service project selected. STAFF RECOMMENDATION / ACTION REQUEST Update only. KEY FACTS AND INFORMATION SUMMARY The purpose of the Tigard Chamber of Commerce Leadership Tigard program is to "build leaders" and "grow community" within the City of Tigard. This year's Leadership Tigard class includes 18 Tigard professionals representing local non-profit organizations,businesses and City of Tigard employees. The Leadership Tigard class has met monthly over the last nine months to learn about complex issues and opportunities that shape Tigard's community. The team met with nonprofits,public agencies,businesses and leaders within Tigard. Our group project was chosen to address community concerns shared by these local stakeholders.The class decided to support ongoing efforts to address the most basic needs that are not available to many in the homeless community. Working with business and nonprofit colleagues,we chose to assemble and distribute 250 "Fresh Start" kits to the homeless community in Tigard. The kits include a range of critical health and sanitary items that will help the city's residents experiencing homelessness. Area businesses and nonprofit partners were quick to support the activity with donations that the group assembled in the "Fresh Start" kits. The group will distribute the kits to local shelters and nonprofit organizations in the community in May. Organizations and Businesses who donated items: * Knight Cancer Institute *American Red Cross * Cisco *Jane Ink * Fort Kennedy OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Fresh Start Kits 2017-2018 LEADERSHIP TIGARD - " FRESH START" KITS 1 Gallon Bag 2 Wash Cloth 3 Soap 4 Razor 5 Body Lotion 6 Tooth Paste 7 Tooth Brush — - �- -- 8 Conditioner _ 9 Shampoo 10 Socks 12 Mini First Aid Kit 13 Hand Warmers 14 Personal Wipes 15 Hand Sanitizer 16 Bottle of Water (small) 17 KIND Bars 18 Applesauce 19 Chapstick 20 Comb 21 Sunscreen 22 Feminine Hygiene Products 23 Services Info Card Businesses and Organizations that donated items • Knight Cancer Institute • American Red Cross • Cisco • Jane Ink • Fort Kennedy AIS-3502 6. Business Meeting Meeting Date: 05/08/2018 Length (in minutes): 15 Minutes Agenda Title: Consider a Regional Flexible Fund IGA for Main Street Phase 2 Prepared For: Kim McMillan,Public Works Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall the Tigard City Council authorize the mayor to sign Amendment Number 01 terminating Local Agency Agreement 28978 with ODOT for the Surface Transportation Program-Urban for SW Main Street: Rail Corridor- Scoffins Street? STAFF RECOMMENDATION / ACTION REQUEST Authorize the mayor to sign Amendment Number 01 terminating Local Agency Agreement 28978 with ODOT. KEY FACTS AND INFORMATION SUMMARY Terminating the Local Agency Agreement with ODOT is the first step in a Flexible Fund Exchange process that involves Main Street Phase 2. •Main Street Phase 2 is partially funded with Federal-Aid Surface Transportation Program (STP) Urban funds. ODOT is the direct recipient and administrator of these funds,overseeing the local agency project. We have Local Agency Agreement No 28978 in place for the administration of these funds. •Metro and TriMet have been working with ODOT on a Regional Flexible Fund Exchange. This exchange moves the federal grant money from Main Street Phase 2 project,as follows: 1.A portion of the money has been designated for Tigard's Fanno Creek Trail (RFFA) project. This money will help cover the costs of inflation related to design and construction and additional costs related to state design requirements of federal funds; 2.The remainder of the money will go to TriMet to fund or supplement other projects that also have federal grant money. In exchange,TriMet has programmed local funds for Main Street Phase 2. Metro provides oversight of these local funds,which are considered to be'defederalized'. Next steps: A future council meeting will include an IGA with Metro for the Regional Flexible Fund -Fund Swap. Staff anticipates that,although the funding swap reduces the amount of outside funding for the Main Street project,the city will benefit by having control over project scope and schedule. City control should result in lower total project cost. OTHER ALTERNATIVES Council could choose to not authorize this agreement. However,this could jeopardize the funding swap agreement that will provide non-federal funding support to the Main Street project and that also provides for some of the grant funding support to the Fanno Creek Trail project. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The Main Street Green Street Phase 2 project is included in the City Center Urban Renewal Plan of October, 2005,and the Downtown Streetscape Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION On April 9,2013,council approved Local Agency Agreement 28978 - Surface Transportation Program- Urban, SW Main Street:Rail Corridor- Scoffms Street. Attachments ODOT Termination Agreement Misc. Contracts and Agreements No. 28978 AMENDMENT NUMBER 01 TERMINATION LOCAL AGENCY AGREEMENT SURFACE TRANSPORTATION PROGRAM — URBAN SW Main Street: Rail Corridor—Scoffins Street This is Amendment Number 1 ("Amendment") to Local Agency Agreement Number 28978 ("Agreement"), entered into on May 23, 2013, between the State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "State," and the City of Tigard, acting by and through its elected officials, hereinafter referred to as "Agency." The Agreement covers the retrofitting of certain portions of SW Main Street. It has now been determined by State and Agency that the Agreement referenced above shall be terminated in its entirety. The reason for this termination is that there are no longer any federal funds associated with the project set forth in the Agreement, and State will no longer have any role in the project. Agreement number 28978 is hereby terminated in its entirety upon execution of this Amendment. Both Parties agree that any costs incurred prior to date of termination shall be borne by the Party that incurred them. This Amendment may be executed in several counterparts (facsimile or otherwise), all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Amendment so executed shall constitute an original. This Project is in the 2018-2021 Statewide Transportation Improvement Program (STIP), (Key#17757) that was adopted by the Oregon Transportation Commission on July 20, 2017 (or subsequently by amendment to the STIP). Signature page to follow Key No. 17757 Agency/State Agreement No. 28978-01 THE PARTIES, by execution of this Amendment, hereby acknowledge that their signing representatives have read this Amendment, understand it, and agree to be bound by its terms and conditions. CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Date Date By APPROVAL RECOMMENDED Date By Region 1 Manager APPROVED AS TO FORM Date By By Date Date Agency Contact: APPROVED AS TO LEGAL Kim McMillan, Assistant City Engineer 13125 SW Hall Blvd SUFFICIENCY Tigard, OR 97223 503.718.2642 By Bonnie Heitsch via email dated 1/30/18 Assistant Attorney General kim@tigard-or.gov Date State Contact: Justin Shoemaker, Local Agency Liaison 123 NW Flanders Street Portland, OR 97209 503.731.8486 justin.d.shoemaker@odot.state.or.us 2 AIS-3508 7. Business Meeting Meeting Date: 05/08/2018 Length (in minutes): 5 Minutes Agenda Title: Authorizing the City Manager to Sign an Amendment to the Tiedeman Connection IGA between Metro and Tigard Submitted By: Carla Staedter,Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City of Tigard amend the Tiedeman Connection Intergovernmental Agreement (IGA) (May 11, 2016) to increase Metro funding for the project from$660,000 to$800,000 and to update the Metro project manager? STAFF RECOMMENDATION /ACTION REQUEST Authorize the City Manager to sign Amendment 1 to the Tiedeman Connection IGA. KEY FACTS AND INFORMATION SUMMARY •In 2016,Tigard City Council approved the Tiedeman Connection IGA with Metro to construct a segment of the Fanno Creek Trail from Tiedeman Avenue to Woodard Park. The project included a new paved trail and pedestrian bridge over Fanno Creek. Metro agreed to pay$660,000 for the work. The City of Tigard agreed to furnish necessary personnel,equipment,materials and services to complete the work. •Project costs have risen significantly for the following reasons: 1.The estimate was prepared in 2015 prior to the current building boom. 2.The original estimate assumed an 8-foot wide by 80-foot long pre-fabricated wooden glu-lam bridge. The bridge width has been increased to 12-feet to accommodate increased non-motorized commuter demand for the trail. As a result,the bridge must be manufactured in steel and not wood. 3.It was assumed,at the time of the 2015 project estimate,that the bridge could be installed above the 100-year floodplain. After completing hydraulic modeling and topographic surveys,the bridge will need to be within the floodplain to meet Americans with Disabilities Act grade requirements. Constructing within the 100-year floodplain requires additional grading to increase flood storage and requires installation of a retaining wall along Tiedeman Avenue. , •After reviewing the necessary changes to the project,Metro agreed to increase project funding from $660,000 to$800,000. OTHER ALTERNATIVES Council could choose not to sign the IGA amendment and pursue other funding sources to fill the gap in project funding. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS •Tigard Park System Master Plan Adopted July 14,2009 •Tigard Greenways Trail System Master Plan,Adopted April 11,2011 •Council Goal Issues for Further Council Discussion and Policy Direction,Plan for Council Goals 2017-2021 Pedestrian Connections: Sidewalks,Pathways and Trails program •Comprehensive Plan Parks,Recreation,Trails,and Open Space chapter: "The community envisions a future where a wide variety of recreational opportunities are available through a diverse system of parks, trails,and open spaces." DATES OF PREVIOUS CONSIDERATION On May 11,2016 Tigard City Council approved the Tiedeman Connection Intergovernmental Agreement with Metro. Fiscal Impact Cost: $140,000 Budgeted (yes or no): yes Where Budgeted (department/program): CIP 92051 Additional Fiscal Notes: This IGA formalizes the additional funding that Metro is providing the City of Tigard to complete the Tiedeman Connection of the Fanno Creek Trail. Metro is providing an additional$140,000 to the project to bring total Metro funding up to $800,000. On November 13,2014 Metro Council adopted Resolution 14.4583 which encourages investment of a small percentage of Natural Area Bond Measure Funding to provide improved and increased public access to natural areas and trails across the region,including development of the Tiedeman Avenue Crossing Alignment. Attachments Amend. 1 Tiedeman Connection IGA Contract No.934106 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT This First Amendment to Intergovernmental Agreement(the"Amendment")is between Metro,an Oregon municipal corporation, located at 600 NE Grand Avenue, Portland, Oregon 97232-2736, ("Metro"), and the City of Tigard, located at 13125 SW Hall Boulevard,Tigard,Oregon 97223 (the"City"). RECITALS A. By the authority granted in ORS 190.110, units of local government may enter into agreements with units of local government for the performance of any or all functions and activities that the parties to the agreement,its officers, or agents have the authority to perform. B. The City and Metro are parties to a certain Intergovernmental Agreement dated May 11, 2016 (the"Tiedeman Connection IGA"). C. Capitalized terms used in this Amendment shall have the meanings given to them in the Tiedeman Connection IGA, except as defined in this Amendment. D. Pursuant to the Tiedeman Connection IGA, Metro and the City are working together through funding, design and construction to ensure the Tiedeman Avenue Crossing Realignment of the Fanno Creek Trail is designed, constructed and opened to the public in the City of Tigard. The City is responsible for completing the "Work," as described on Exhibit A to the Tiedman Connection IGA, as set forth in that IGA, as amended by this Amendment. E. The parties would like to amend the Tiedeman Connection IGA as outlined in this Amendment. NOW THEREFORE, in consideration of the foregoing, the premises being in general as stated in the foregoing recitals,it is agreed by and between the parties hereto as follows: TERMS OF AGREEMENT 1. Term. This Agreement shall be effective as of the latest date all required signatures are obtained and shall terminate on December 31,2018,unless extended by a fully executed amendment in writing and signed by both parties. 2. Responsibilities of the City: a. Complete the Work and the Tiedeman Connection trail gap in the Fanno Creek Trail by December 31, 2018,regardless of funding source. If the fees,cost and expenses of the Work and completion of the gap exceeds Metro's contribution set forth in Section 3(a)of this Amendment, the City shall secure additional funding sources to ensure completion of the Work and full construction of the trail gap. 3. Responsibilities of Metro: a. In consideration for the services City performs under this Agreement,pay City its costs, fees and expenses for the Work on a reimbursement basis not to exceed EIGHT HUNDRED THOUSAND AND 00/100TH DOLLARS ($800,000.00),in accordance with Section 4 of the Tiedeman Connection IGA. 2. Project Managers; Contacts. City appoints Carla Staedter as City's project manager for this Agreement. Metro appoints Tannen Printz as Metro's project manager for this Agreement. Metro: Tannen Printz 600 NE Grand Ave. Portland,OR 97232 503-813-7570 tannen.printz@oregonmetro.gov City: Carla Staedter 13125 S.W.Hall Boulevard Tigard, OR 97223 503-718-2788 Carla@tigard-or.gov 3. Miscellaneous. This Amendment may be executed in counterparts and delivery by facsimile or e-mail shall be sufficient to form a binding agreement. The Tiedeman Connection IGA is modified only in the specific respects set forth in this Amendment. Except as expressly modified herein, the Tiedeman Connection IGA remains unmodified and in full force and effect. IN WITNESS WHEREOF,the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. Metro, CITY By: By: Title: Title: Date: Date Approved as to Form: Approved as to Form: By: By: TIGARD MUNICIPAL CODE Chapter 2.12 PARK AND RECREATION ADVISORY BOARD. 2.12.020 Meetings. Sections: The Park and Recreation Advisory Board 2.12.010 Appointments. shall will held meetings as needed, but shall not 2.12.020 Meetings. meet less than six times per year. Minutes of each 2.12.030 Public Meetings. meeting shall will be prepared and submitted to the 2.12.040 Advisory Capacity. City Recorder following approval by the Board.Het 2.12.050 Terms Of Office. more than ten business days following a Park and 2.12.060 Term Limits. Recreation Advisory Board meeting. (Ord. 03-02, 2.12.0670 General Functions And Ord. 85-29 §1, 1985: Ord. 79-93 §2(part), 1979: Responsibilities. Ord. 72-66A §2, 1972: Ord. 70-11 §2, 1970). 2.12.010 Appointments. 2.12.030 Public Meetings. A Park and Recreation Advisory Board is The Park and Recreation Advisory Board created, hereinafter referred to as the "Park and shall will comply with the Oregon Public Meeting Recreation Advisory Board." The Park and Law, meet on a regular basis and make Recreation Advisory Board shall consists of seven recommendations to the City Council as needed. persons, appointed by the City Council, not more (Ord. 03-02). than two of whom may be nonresidents of the City. The Mayor may appoint Nen non-voting members 2.12.040 Advisory Capacity. of the Park and Recreation Advisory Board may be -appointed by the Mayor upon the recommendation The Park and Recreation Advisory Board of the Tigard-Tualatin School District Board and shall be is advisory to the City Council on matters such other bodies as the Mayor deems weald-be pertaining to the creation, operation and appropriate, to contribute input to the Park and maintenance of recreation facilities under the Recreation Advisory Board. All voting Park and jurisdiction of the City. The Park and Recreation Recreation Advisory Board members shall have Advisory Board shall not obligate any funds equal status in recommendation and voting powers. without first obtaining permission to do so from the Park and Recreation Advisory Board members City Council. (Ord. 03-02, Ord. 79-93 §2(part), shall receive no compensation. 1979: Ord. 70-11 §3, 1970). . . '__ .•, . . 2.12.050 Terms Of Office. Secretary shall be elected by the membership at the start of each year. At its first meeting after July 1 With the exception of the initial members,the of each year, the Park and Recreation Advisory terms of office of members of the Park and Board will elect a Chairperson and Vice Recreation Advisory Board shall be four years to Chairperson. .•-.- - expire June 30t. The terms of the initial members consecutively for more than two years in said of the Board shall be designated by the Mayor. The capacity. (Ord. 03-02, Ord. 80-45 §1(part), 1980: Mayor shall will appoint the initial members as Ord. 79-93 §2(part), 1979: Ord. 79-27 §2, 1979: follows: Ord. 78-12 §2, 1978: Ord. 72-66A §1, 1972: Ord. 70-11 §1, 1970). - Two members for a term of two years. 2-12-1 Code Update: 12/03 TIGARD MUNICIPAL CODE - Two members for a term of three years. funds as shall be appropriated by the City Council - Three members for a term of four years. for public park and recreation facilities and programs. (Ord. 03-02, Ord. 80-45 §1(part), 1979, Thereafter, the term for each Park and Recreation Ord. 79-93 §2(part), 1979,Ord. 77-70).11 Advisory Board member will be for four years. Terms commence on July 1 and end on June 30 four years after commencement. If any member resigns or is unable to serve the term for which the member was appointed, the vacancy will be filled as set forth by City Council resolution regarding the appointment of alternates to boards and committees. (Ord. 03-02, Ord. 79-93 §2(part), 1979). 2.12.060 Tcrm Limits. Members of the Park and Recreation Advisory Board shall be limited to two full consecutive terms term. (Ord. 03 02). 2.12.0670 General Functions And Responsibilities. The general functions of the Park and Recreation Advisory Board shall be to will advise the Public Works Director and City Council on issues such as: (1) Concerning the management, care and control of public parks and recreation facilities and programs of the City, together with all park property and recreation facilities which may be acquired and developed; (2) Concerning the making and altering from time to tirnc of Reedful rules and regulations for the maintenance of order, safety and decency in saki parks and recreation facilities; (3) Concerning the establishment and modification of fees for park and recreation services,programs, or facility rentals; (4) Concerning the expenditure of such 2-12-2 Code Update: 12/03 AIS-3449 8. Business Meeting Meeting Date: 05/08/2018 Length (in minutes): 10 Minutes Agenda Title: Consider Ordinance to Amend Tigard Municipal Code Chapter 2.12 Prepared For: Steve Martin,Public Works Submitted By: Steve Martin,Public Works Item Type: Ordinance Meeting Type: Council Business Meeting -Main Public Hearing: Yes Publication Date: Information ISSUE Shall Tigard City Council adopt an ordinance to amend Tigard Municipal Code Chapter 2.12,concerning the Park and Recreation Advisory Board? STAFF RECOMMENDATION /ACTION REQUEST Adopt the ordinance amending Tigard Municipal Code Chapter 2.12. KEY FACTS AND INFORMATION SUMMARY The attached ordinance amends Tigard Municipal Code (TMC) Chapter 2.12 regarding the Park and Recreation Advisory Board (PRAB). Board members reviewed the proposed ordinance and unanimously recommend the council adopt the ordinance. The primary purpose for the amendments is to better align the election of PRAB officers with the terms of PRAB member appointments (June to July, rather than January to December). Additional amendments are needed to better reflect the current practice of the Board, such as: •Council reappointment vs. term limits - Gives the council the ability to reappoint valuable members to additional terms as desired. •Eliminating the position of Secretary-The PRAB does not elect a Secretary; the notes for the meetings have always been taken by city staff for consistency. •Allowing for approval of minutes -The meeting minutes are submitted to the city recorder after the PRAB has the chance to meet and approve the minutes at a later meeting. •Clarifying that PRAB does not obligate funds,but rather makes recommendations for expenditures. Other minor changes were made to make this chapter easier to read and to ensure consistency with recent changes to other parts of the TMC for other boards and committees. OTHER ALTERNATIVES Council could choose not to approve the ordinance and the TMC would remain unchanged. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The Park and Recreation Advisory Board supports and makes recommendations related to parks and recreation related council goals. DATES OF PREVIOUS COUNCIL CONSIDERATION Council has not considered these updates before. The most recent updates to this part of the TMC were in 2002. Fiscal Impact Fiscal Information: There is no fiscal impact to these amendments to the City Code. Attachments Ordinance Amending TMC 2.12 Exhibit A-Proposed TMC 2.12 PRAB CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 2.12 TO MAKE THE ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONSIS 1'rNT WITH THE I'ERMS OF APPOINTMENT WHEREAS, Tigard Municipal Code (TMC) Section 2.12.050 provides that the terms of office for Park and Recreation Advisory Board(PRAB)members are on a fiscal year schedule,with terms expiring June 30th;and WHEREAS,TMC Section 2.12.010 currently states that the election of chairperson and vice chairperson will be held at the start of each year,which is inconsistent with the members'terms of office;and WHEREAS,the City wishes to eliminate this conflict by clarifying that the Park and Recreation Advisory Board will elect officers at the first meeting following July 1St;and WHEREAS,the PRAB proposes to eliminate term limits for members as well as for the term of the Chairperson; and WHEREAS,additional housekeeping changes are necessary for clarification and grammatical corrections. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Chapter 12.02 of the Tigard Municipal Code as shown in the attached Exhibit"A" (additional language is shown in underline and deleted text is shown in �)• SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2018. John L. Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 18- Page 1 TIGARD MUNICIPAL CODE Chapter 2.12 PARK AND RECREATION ADVISORY BOARD. 2.12.020 Meetings. Sections: The Park and Recreation Advisory Board 2.12.010 Appointments. shall will held meetings as needed, but shall not 2.12.020 Meetings. meet less than six times per year. Minutes of each 2.12.030 Public Meetings. meeting shall will be prepared and submitted to the 2.12.040 Advisory Capacity. City Recorder following approval by the Board.net 2.12.050 Terms Of Office. -- .• -- •• - . _ ' 2.12.060 r t • - - ---- - (Ord.03-02, 2.12.06;0 General Functions And Ord. 85-29 §1, 1985: Ord. 79-93 §2(part), 1979: Responsibilities. Ord.72-66A§2, 1972:Ord. 70-11 §2, 1970). 2.12.010 Appointments. 2.12.030 Public Meetings. A Park and Recreation Advisory Board is The Park and Recreation Advisory Board created, hereinafter referred to as the "Park and shall will comply with the Oregon Public Meeting Recreation Advisory Board." The Park and Law, meet on a regular basis and make Recreation Advisory Board shall consists of seven recommendations to the City Council as needed. persons, appointed by the City Council, not more (Ord.03-02). than two of whom may be nonresidents of the City. The Mayor may appoint Nen non-voting members 2.12.040 Advisory Capacity. of the Park and Recreation Advisory Board may be upon the recommendation The Park and Recreation Advisory Board of the Tigard-Tualatin School District Board and shall be is advisory to the City Council on matters such other bodies as the Mayor deems would-be pertaining to the creation, operation and appropriate, to contribute input to the Park and maintenance of recreation facilities under the All voting Park and jurisdiction of the City. Recreation Advisory Board members shall have Advisory Board shall not obligate any funds equal status in recommendation and voting powers. .- -.•• - •- - Park and Recreation Advisory Board members City Council. (Ord. 03-02, Ord. 79-93 §2(part), shall receive no compensation. 1979:Ord.70-11 §3, 1970). A Chairperson and Vice Chairperson, and a 2.12.050 Terms Of Office. start of each year. At its first meeting after July 1 . of each year, the Park and Recreation Advisory ---• - - - - '- - Board will elect a Chairperson and Vice ' -. 3. •- _•.. _ •. - -•Chairperson. A Chairperson shall—tee pirc June 30*. -- ---• - •- • ••- :3 consecutively for more than two years in said •- _. ,. :_ __ . -_ . •- : : .The capacity. (Ord. 03-02, Ord. 80-45 §1(part), 1980: Mayor shall will appoint the initial members as Ord. 79-93 §2(part), 1979: Ord. 79-27 §2, 1979: follows: Ord. 78-12 §2, 1978: Ord. 72-66A §1, 1972: Ord. 70-11 §1, 1970). - Two members for a term of two years. 2-12-1 Code Update: 12/03 TIGARD MUNICIPAL CODE - Two members for a term of three years. funds as-shall-be appropriated by the City Council - Three members for a term of four years. for public park and recreation facilities and programs. (Ord. 03-02, Ord. 80-45 §1(part), 1979, Thereafter, the term for each Park and Recreation Ord.79-93 §2(part), 1979,Ord.77-70).■ Advisory Board member will be for four years. Terms commence on July 1 and end on June 30 four years after commencement. If any member resigns or is unable to serve the term for which the member was appointed,the vacancy will be filled as set forth by City Council resolution regarding the appointment of alternates to boards and committees. (Ord. 03-02, Ord. 79-93 §2(part), 1979). 2.12.060 Tcrm Limits. term.(Ord.03 02). 2.12.0670 General Functions And Responsibilities. The general functions of the Park and Recreation Advisory Board 3ha'�sa,' ie will advise the Public Works Director and City Council on issues such as: (1) Concerning the management, care and control of public parks and recreation facilities and programs of the City, together with all park property and recreation facilities which may be acquired and developed; (2) Concerning the making and altering€r-em time time of needful rules and regulations for the maintenance of order, safety and decency in said parks and recreation facilities; (3) Concerning the establishment and modification of fees for park and recreation services,programs,or facility rentals; (4) Concerning the expenditure of such 2-12-2 Code Update: 12/03 AIS-3450 9. Business Meeting Meeting Date: 05/08/2018 Length (in minutes):5 Minutes Agenda Title: Consider Resolution Amending the Park and Recreation Advisory Board Bylaws Prepared For: Steve Martin,Public Works Submitted By: Steve Martin,Public Works Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall the City of Tigard amend the Park and Recreation Advisory Board (PRAB) Bylaws to reflect changes made to the Tigard Municipal Code? STAFF RECOMMENDATION / ACTION REQUEST Adopt the resolution amending the PRAB Bylaws. KEY FACTS AND INFORMATION SUMMARY Proposed amendments to the PRAB Bylaws implement changes considered under a separate agenda item. Item 3449 - Consider an Ordinance to Amend Tigard Municipal Code Chapter 2.12- removes term limits and aligns the schedule for selecting PRAB officers. Council is being asked to consider amendments to the PRAB bylaws to make them consistent with the updated code section.Proposed changes are shown in strikethrough and underline in Exhibit A. These changes reflect PRAB recommendations. OTHER ALTERNATIVES Council could choose to not approve changes to the bylaws. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The PRAB makes recommendations to council on matters of parks and recreation. DATES OF PREVIOUS COUNCIL CONSIDERATION Council has not considered the proposed amendments previously. The original PRAB Bylaws were adopted by council in early 2011. Council will consider an ordinance to amend Tigard Municipal Code Title 2.12 under a separate agenda item. Attachments Resolution Amending PRAB Bylaws Exhibit A Amended PRAB Bylaws CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION UPDATING THE PARK AND RECREATION ADVISORY BOARD BYLAWS WHEREAS, Tigard City Council has amended the Tigard Municipal Code (TMC) authorizing the Park and Recreation Advisory Board;and WHEREAS,the Park and Recreation Advisory Board bylaws need to be brought into compliance with the city code;and WHEREAS,the Park and Recreation Advisory Board recommends changes be made to the Bylaws. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Tigard City Council amends the Park and Recreation Advisory Board Bylaws as shown on the attached Exhibit A (Additional language is shown in underline and deleted text is shown in s+tiketrh,rettgla). SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 III i . City of Tigard TIGARD Park and Recreation Advisory Board B YLAWS SECTION I. CHARGE AND DUTIES A. The Park and Recreation Advisory Board hereafter referred to as the `Board" shall have no powers except as conferred by resolution,City Charter,Tigard Municipal Code, or the Oregon Revised Statutes. B. It shall be the function of the Park and Recreation Advisory Board to act as an advisory body to the City Council. C. The Board and its members shall conduct itself in a manner that's in keeping with applicable federal, state, and local laws pertaining to conduct and ethics and the City of Tigard Code of Conduct.Any violation of the provisions of such laws shall be grounds for removal from office. D. The Park and Recreation Advisory Board is charged with advising the City Council on matters pertaining to: • Park and recreation opportunities for a growing Tigard; • Input received from Tigard citizens on matters related to parks and recreation;and • The future of park and recreation efforts in the City of Tigard. E. The Board may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. • Subcommittees may be formed with the approval of a majority of the Board. • Any findings must be approved by a majority of the Board before they become the findings of the Board. SECTION II. COMPOSITION A. The Board shall consist of seven (7)voting members and up to two (2) alternate members appointed by the City Council with the following representation: • At least five Board members must be residents of the City of Tigard. • Up to two Board members may reside outside the Tigard city limits. B. Membership may temporarily drop below required minimums due to resignations and/or difficulty in recruiting qualified applicants. SECTION III.APPOINTMENTS • A. Council shall fill vacancies with individuals who meet the compositional requirements listed in Section II. B. Appointments of at-large members shall be made by the City Council,with recommendations from the mayor. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov I page 1 SECTION IV.TERM OF OFFICE A. Board members serve for a term of four years beginning July 1 on the year of appointment. B. Any vacancy in the Board shall be filled by appointment by the council and mayor for the unexpired portion of the term. The unexpired portion of a term does not count towards the fulfillment of the maximum number of allowed terms. 14:C. Members shall receive no compensation for their services. 0 If funds are available,Board members may be reimbursed for expenses related to trips or conferences approved by the Board and consistent with city policies. An individual Board member may not act in an official capacity except through the action of the Board. A member who seeks to resign from the Board shall submit a written resignation to the chair of the Board, the staff liaison, or the city recorder's office. If possible, the resignation should allow for a thirty- (30) day notice so the City Council can appoint a replacement. SECTION V. ORGANIZATION OF THE BOARD A. At its first meeting of the year,and thcrcaftcr annually after July 1, the Board shall elect a chair from its members who shall hold office at the pleasure of the Board. • Chair. The chair shall have general directional powers over the Board. The chair shall preside at all meetings and,in consultation with support staff,set the agendas and notify the Board of all meeting times and places. The chair shall also be an ex-officio member of all subcommittees and shall be the sole spokesperson for the Board unless this responsibility is delegated to support staff. • Vice-Chair.The Board shall elect a vice-chair to preside over the Board in the chair's absence. B. If the chair should resign, the Board shall, at its next meeting, conduct an election and provide a replacement to fill the unexpired term. C. Staff liaisons are the primary contacts for City of Tigard boards and the primary interface between these bodies and the City Council, city manager, and departments. Besides serving as a technical resource, staff liaisons are responsible for meeting logistics, member recruitment and recognition, recordkeeping, and monitoring board effectiveness. SECTION VI.MEETINGS A. The regular meeting of the Board shall be held on the second Monday of each month at 7 p.m.at the Public Works Building unless otherwise determined by the Board.If the regular meeting day is a holiday,the meeting will be held on another date decided by the Board. City of Tigard I13125 SW Hall Blvd.,Tigard,OR 97223 Iwww.tigard-or.gov I page 2 B. The Board shall meet monthly, no less than six times per year at a time and place that is specified at least five (5) days in advance. C. The parliamentary authority for the Board is Robert's Rules of Order Revised,except where superseded by these bylaws or local,state, or federal law. D. The chair may call a special meeting, and the chair shall call a special meeting if requested by three or more members. The call shall state the purpose of the meeting. Notice of a special meeting must be in writing and communicated to all members at least five (5) days before the meeting. E. Agendas and minutes shall be posted for public notice on the City of Tigard web page and in the lobby of City Hall in compliance with Oregon Public Meetings Law. All meetings shall be open to the public. However, the Park and Recreation Advisory Board may go into executive session under the provisions of ORS 192.660. If an executive session is called to order,the appropriate ORS citation will be announced.All discussions are confidential and those present may disclose nothing from the session. F. A majority of votes of Board members present shall determine the official position of the Board on a given issue. Alternates are not allowed to vote under any circumstances. G. The chair shall vote on all matters before the Board unless having declared a conflict of interest. H.' Board members shall not send or receive electronic communications concerning any matter pending before the Board during a Board meeting. • Electronic Communications means e-mail,text messages,or other forms of communications transmitted or received by technological means. • Electronic Communications Devices means lap-top computers, blackberries, cell-phones, notebooks, or other similar devices capable of transmitting or receiving messages electronically. I. Board members shall not use electronic communication devices to review or access information regarding matters not in consideration before the Board during a Board meeting. SECTION VII.BOARD MEMBER RESPONSIBILITIES Members of the Board shall: • Regularly attend meetings and contribute constructively to discussions. • Consider and discuss issues from a citywide perspective,as well as that of particular stakeholder or interests. • Strive to reach consensus on matters under consideration. • Act with respect and consideration for the viewpoints of others. • Not make representations on behalf of the City of Tigard or Board whether intentional or not, without authorization. SECTION VIII.ATTENDANCE If a member is unable to attend a meeting,he or she is expected to notify the chair.If a member has missed five(5)regularly scheduled meetings within one year, the issue shall be placed on the upcoming agenda, and upon majority vote of the City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov I page 3 Board members present,that position shall be declared vacant.The Board shall forward its action to the mayor and council, who shall fill the vacant position. SECTION IX.QUORUM At any meeting of the Board, a quorum shall be a majority of the current members (excludes alternates) of the Board.No action shall be taken in the absence of a quorum except that the meeting may continue with discussion on agenda items. For the purposes of forming a quorum,members who have disqualified or excused themselves from participation in any matter shall be counted as present. In the event a quorum will not be present at any meeting,the chair or vice-chair shall notify the Board members in advance so that a decision may be made whether to meet and take no action on agenda items or to reschedule to a different time. SECTION X. REMOVAL OF MEMBERS A. The City Council may remove members of the Board in accordance with Section VIII Attendance. B. The Council may also remove members,when,in its judgment the conduct of a member does not conform to the City of Tigard Code of Conduct for Boards,Commissions and Committees or based on other conduct unbecoming a representative of the city. C. The Board may make a recommendation to council for the removal of a member in accordance with Section VII Member Responsibilities. The Board shall forward a recommendation for replacement to the mayor and council in a timely manner. SECTION XI.ANNUAL REPORT OF THE BOARD A. At least once per year,the Board shall schedule a joint meeting with the City Council. B. The annual joint meeting shall include a summary of key activities and proceedings and any specific suggestions or recommendations which the Board believes would be noteworthy to the council. SECTION XII.AMENDMENTS These bylaws are adopted by resolution of the Tigard City Council,are binding on the Board,and may be amended by the City Council. Boards may propose amendments for council consideration. City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov I page 4 AIS-3437 10. Business Meeting Meeting Date: 05/08/2018 Length (in minutes):10 Minutes Agenda Title: Quasi Judicial Public Hearing: Shelby Annexation (ZCA2018-00001) Prepared For: Lina Smith, Community Development Submitted By: Lina Smith, Community Development Item Type: Ordinance Meeting Type: Council Business Meeting Public Hearing- Quasi Judicial -Main Public Hearing: Yes Publication Date: Information ISSUE Consider adoption of an ordinance to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road, into the City of Tigard.This 1.03-acre property was originally approved by City Council for delayed annexation,as part of the Zone 3 Island Annexation (Ordinance No. 2017-08). However,the property owners now request to annex immediately in order to connect to city sewer. STAFF RECOMMENDATION /ACTION REQUEST Planning Commission recommends City Council approve the proposed Shelby Annexation (ZCA2018-00001) by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY In June 2017, City Council approved the subject property (13285 SW Bull Mountain Road;WCTM 2S109AB, Tax Lot 1400),along with six (6) other properties, for delayed annexation as part of the"Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08,the effective date of annexation for the "Zone 3"properties is July 27,2020. However,the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer. On April 16,2018,Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00001). No public testimony was received.After a brief deliberation,Planning Commission unanimously recommended approval of this annexation to City Council. Urban services are available to the proposed annexation area and are of sufficient capacity to provide service. The subject site is located within the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Urban Road Maintenance District. The attached ordinance addresses removal from these districts. The proposed annexation meets all applicable approval criteria in the Tigard Community Development Code,Tigard Comprehensive Plan,Metro Code,and state statutes. OTHER ALTERNATIVES Adopt findings to deny the application. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Council Goal 6: Annex territory into the City of Tigard and prioritize annexation of islands. DATES OF PREVIOUS COUNCIL CONSIDERATION June 27,2017 Attachments Ordinance for Annexation Exhibit A Exhibit B Exhibit C PowerPoint CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- AN ORDINANCE ANNEXING ONE (1)PARCEL OF LAND TOTALING APPROXIMATELY 1.03 ACRES, APPROVING THE SHELBY ANNEXATION (ZCA2018-00001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(b),ORS 222.125,and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS,the Tigard Planning Commission held a public hearing on April 16,2018, and Tigard City Council held a public hearing on May 8, 2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S109AB, Tax Lot 1400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2) public hearings on the issue of annexation into the City on April 16, 2018 and May 8,2018;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District;and WHEREAS, the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation, or to the City designations which are the most similar; and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09,and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 18- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00001) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. In accordance with ORS 222.180, the annexation shall be effective upon the effective date of this ordinance and filing with 'the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of , 2018. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 18- Page 2 EXHIBIT A Summit Land Surveyors, LLC 12950 SW Pacific Hwy, Suite 255 Tigard,e, OR x SUMMIT Phone& Fax 503.928.5589 www.summitlandsurveyors.com 111 LAND SURVEYORS April 16, 2018 Annexation Description Basis of Bearings: The bearings noted hereon are based on Washington County Record of Survey Number 10843. Legal description: That Tract of land described in deed to Matthew Shelby and Tabitha Shelby and recorded in document No. 2018-004647, Washington County deed records being more particularly described as follows: Beginning at the Southeast corner of Lot 21 "Alpine View", a duly recorded plat in Washington County; thence along the Westerly line of SW Alpine Crest Way and Tract"D"of said Plat and the Southerly projection thereof, S00°01'00"W, 394.85 feet to a point on the Northerly right of way line of SW Bull Mountain Road (County Road No. 2515); . thence along said right of way line, N60°57'30"W, 138.99 feet; thence leaving said right of way line, N00°01'00"E, 328.01 feet to a point on the Southerly line of Lot 24 "Alpine View"; thence along the Southerly line of Lots 24 and 21 "Alpine View", S89°42'00"E, 121,53 feet to the point of beginning. Containing: 1.01 Acres. REGISTERED PROFESSIONAL LAN @!,SU' 4141111 IMF GON FEBRUARY 08, 2000 JOHN R. WADE 59999 LS EXP/RES. 06/30/18 30 EXHIBIT B 5 _ 31 33 34 Z 11 m 29 4 J 7- U Q Q 28 32 3 12 _ w SW OUZEL LANE7- w 27 < 2 1- 13 // 23 cn ( 15 J. c.) 1 14 I . . 22 z N o_ 26 25 Q 24 J Ni SW STARVIEW DRIVE P 21 co S89'42'00"E 121.53' r 20 POINT. OF BEGINNING 19 18 'v F- C..) a 1-'' moo, 17 a ID 0 0 oma Z `v , oro . OQ� T t o OOG oo M ~ y ,_ (., ...... ..fr s. \ \g�� •`,•1 •,/eco�o %, mo\ 4/T s7 ,% '5'7 ‹).,S ,NS 3 4, S> 8 930,.. REGISTERED PROFESSIONAL Lu LA"I S 'T ')' Z 1 S > �gNCUSc ` o 1St C•E ON Ci- ro to FEBRUARY 08, 2000 7 JOHN R. WADE \\ \ 59999 LS � EXPIRES- 06/30/20 NOTE: THE BASIS OF BEARINGS NOTED HEREON ARE BASED ON WASHINGTON COUNTY RECORD OF SURVEY NUMBER 10843. n_It4A1 PROPERTY ANNEXATION EXHIBIT TRACT AS DESCRIBED PER DOC.NO.2018-004647 /4 OF SECTION 9, SUMMITTOWNSHIP 2 SOUTH, RANGE 1 WEST,SITUATED IN THE NORTHEAST IWILLAMETTE MERIDIAN, LAND SURVEYORS WASHINGTON COUNTY, OREGON 12950 SW PACIRC HIGHWAY, SUITE 255 TIGARD, OR 97223 JOB NO.: DATE: SCALE: PREPARED FOR PHONE ,Sc FAX. 503 928 5589 998-261 04/16/18 1"=100' MATTHEW SHELBY John, Plotted: Apr 16, 2018 - 3:14pm, P.\998-261 SW Bull Mnt Rd Annex\dwg\Maps\998-261-Work.dwg EXHIBIT C Hearing Date:May 8,2018 Time: 7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL TIGARD FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: SHELBY ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00001 APPLICANTS/ Matthew and Tabitha Shelby OWNERS 13285 SW Bull Mountain Road Tigard, OR 97224 PROPOSAL: This proposal is to annex one (1) parcel of land, located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400 COUNTY ZONE: R-6: Residential, 5 units/acre minimum density,6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate attached single-family homes,detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet.Mobile home parks are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and CRITERIA: Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation (ZCA2018-00001) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1;Goal 11.1,Policy 4;Goal 11.3,Policy 6;Goa112;and Goal 14.2,Policies 1-4.Therefore,Planning Commission recommends APPROVAL of ZCA2018-00001 to City Council. SHELBY ANNEXATION PAGE 1 OF 12 ZCA2018-00001 SECTION III. BACKGROUND INFORMATION The 1.03-acre site (13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) is located on the north side of SW Bull Mountain Road;east of SW 133w Avenue,and west of SW Greenfield Drive.According to the Washington County Assessment and Taxation report, the site was developed with a detached, single- family dwelling in 1972.The property is also occupied by an attached garage,paved driveway,and associated landscaping. As defined by Washington County Land Use Districts, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. In June 2017, City Council approved the subject property, along with six (6) other properties, for delayed annexation, as part of the "Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08,the effective date of annexation for the"Zone 3"properties is July 27,2020.However,the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer. On April 16,2018,Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00001). No public testimony was received. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: ORS Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the City of Tigard Community Development Code (TDC),using the approval criteria contained in TDC 18.720.030. City Council will make a decision on this application, with a recommendation from Planning Commission. Additionally, TDC 18.710 requires two public hearings: one before Planning Commission (on April 16, 2018), and one before City Council (on May 8, 2018). City staff followed public noticing requirements, in accordance with 1 DC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09,and ORS Chapter 222. City staff posted public hearing notices in four public places on March 22, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16,2018 public hearing before the Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial SHELBY ANNEXATION PAGE 2 OF 12 ZCA2018-00001 annexations shall be decided by the city council with a recommendation by planning commission. This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by FOG 18.710, using the approval criteria contained in 1DC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval Criteria. The approval authority shall approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to,and do not supersede,applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection (B) shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on March 14, 2018. Public hearings for deliberations on this proposed boundary change were scheduled before Planning Commission (on April 16,2018) and before City Council (on May 8, 2018). City staff posted public hearing notices in four public places on March 22, 2018 (Tigard City Hall, Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions SHELBY ANNEXATION PAGE 3 OF 12 ZCA2018-00001 This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process,the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation property, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site,and Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was adopted in 1991,in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rules Chapter 660,Division 25.As addressed under Comprehensive Plan,Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; SHF.T BY ANNEXATION PAGE 4 OF 12 ZCA2018-00001 This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed,later in this report. f. Any applicable concept plan;and There is no applicable concept plan associated with this proposal. Therefore,this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office;and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and TVF&R will continue to provide fire protection and emergency medical services to the site. The proposed annexation will not adversely impact levels of service within the City of Tigard. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB. Therefore, this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection(D) and includes the following information: This staff report was made available to the public on March 29,2018,more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and SHELBY ANNEXATION PAGE 5 OF 12 ZCA2018-00001 The proposed annexation area will remain within Washington County, but will be withdrawn from the Washington County Enhanced Sheriff's Patrol District, and the Washington County Urban Road Maintenance District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on May 8, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00001, the effective date of this annexation will be upon filing with the Oregon Secretary of State,as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (TDC 18.720.030 Continued) A.2.The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help to promote the timely,orderly and economic provision of City of Tigard public facilities and services;affect the quality and quantity of urban services; and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation.In the case of land that carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. SHELBY ANNEXATION PAGE 6 OF 12 ZCA2018-00001 • TDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Districts/Plan Designation City of Tigard Zoning Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre TDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations. As outlined in the table above,the assignment of city designations for the subject property will be based on these conversions, and shall occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density). Upon approval of this proposed annexation,the subject property will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on March 22,2018 (Tigard City Hall,Tigard Permit Center,Tigard Public library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5,2018) prior to the April 16,2018 public hearing before the Planning Commission.Additionally,this staff report was made available to the public on March 29,2018, more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities,and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. As detailed in findings below, staff concludes that all public facilities and services are available to the proposed annexation area, and have adequate capacity to serve the subject site. Stormwater—City of Tigard Public Works Department. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way,and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Water — City of Tigard Public Works Department. The property is located within the Tigard Water Service Area.The subject site is currently served by an existing 10-inch water main along SW Bull Mountain SHELBY ANNEXATION PAGE 7 OF 12 ZCA2018-00001 Road.The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard Public Works Department.The applicant proposes to annex the subject property in order to connect to City of Tigard sewer.This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Police—City of Tigard Police Department. The Washington County Sheriff's Office currently provides police services to the subject property. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site.The City of Tigard Police Department reviewed the applicant's proposal,and had no objections. Fire — Tualatin Valley Fire and Rescue. The subject property is located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request.TVF&R reviewed the applicant's proposal, and had no objections. Parks—City of Tigard Public Works Department.The applicant proposes to annex a 1.03-acre property into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets — City of Tigard Engineering Division. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector street,under the City of Tigard Transportation System Plan.The proposed annexation will not impact the existing transportation system. In addition,the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal, and had no objections. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available adjacent to the site: there is an existing 12-inch stormwater main along SW Alpine Crest Way, and an existing 12-inch stormwater main along SW Bull Mountain Road. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject property in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3,Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Alpine Crest Way. The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve SHELBY ANNEXATION PAGE 8 OF 12 ZCA2018-00001 the existing property. Goal 12: To provide and encourage a safe, convenient, and economic transportation system. The subject property currently connects to SW Bull Mountain Road via an existing 50-foot-wide access easement. SW Bull Mountain Road is currently under the city's jurisdiction, and is classified as a collector street, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under IDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation property, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services; and As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report,staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area; or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. In June 2017, City Council approved the subject property (13285 SW Bull Mountain Road; WCTM 2S109AB,Tax Lot 1400),along with six (6) other properties, for delayed annexation,as part of the"Zone 3 Island Annexation" (Ordinance No. 2017-08). Under Ordinance No. 2017-08, the effective date of annexation for the "Zone 3" properties is July 27, 2020. However, the property owners of Tax Lot 1400 now request to annex immediately,in order to connect to city sewer.Annexation of Tax Lot 1400 will enable public services to be efficiently and effectively extended to the subject site. Additionally, Ordinance No. 2017-08 ensures that the unincorporated properties adjacent to Tax Lot 1400 will be annexed into the city SHRT BY ANNEXATION PAGE 9 OF 12 ZC A2018-00001 on July 27, 2020; this will eliminate the "Zone 3" unincorporated islands. Accordingly, this proposed annexation request is consistent with the policy outlined above. OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes;Mergers;Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing; ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. This application to annex the subject property(13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400) was submitted by the property owners. Additionally, the City of Tigard Charter does not expressly require the city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. Therefore, an election is not required for this annexation application. However, the city is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission • (on April 16,2018) and before City Council(on May 8,2018).City staff published,posted,and mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two successive weeks (with publish dates on March 29 and April 5, 2018) prior to the April 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on March 22, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library, and at the subject site); and public hearing notices were mailed to all interested parties, and neighboring property owners within 500 feet of the subject site on March 22,2018. SHE!BY ANNEXATION PAGE 10 OF 12 ZCA2018-00001 SECTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of the applicant's proposal,and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on March 22,2018. As of April 23,2018, no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2:Map of"Zone 3 Island Annexation"Properties Attachment 3: Statement from Property Owner,dated February 6,2018 Attachment 4: City of Tigard Planning Commission,Draft Minutes dated April 16,2018 SHFT BY ANNEXATION PAGE 11 OF 12 ZCA2018-00001 SECTION VII. CONCLUSION Planning Commission finds that the proposed annexation meets all applicable approval criteria, outlined in 1'DC Chapters 18.710 and 18.720;Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. O~ '�"`-- ��-�� April 23, 2018 PREPARED BY: Lina Smith Assistant Planner i f April 23,2018 APPROVED BY: 'Tom McGuire Assistant Community Development Director SHELBY ANNEXATION PAGE 12 OF 12 ZCA2018-00001 5'31:li . __-_-_-1114,2;_:-1.- - ,/,,x/.,1` �, j/ i I r -13� Attachment 1:Zoning Map { see 1!414-rw I .I u� '45•.. R_7 ;�-,�.,w _ I�F ' �y'',( Generalized Zoning Categories r1`yi„ , i //>},j , HTAIN.RIDGE CT ,1 _....,--1- --taWItlr1.: J R 7 (PD) 9 _. __ II I j !.:_ 1. fi j, I '- I .a - Toning Description "mo if '�'Fi1•t'E DR 1' \�-tw1 +, I-z :W�10GDY �N. 't _._ W 1 yl qY Z• p.-_ Residential / I i �\-•\?1 SPL i 1-- U._. amu.. _ f -4 O ' au l.-_ - P R, Mixed Use Residential ‹):ai-0.7-' I • , ' 1F'rr or '- is ;a --�-� - lit Mixed Use Central Business District I >_ H TER _I -__ } _--1 Commercial i I 1 I -'"\. �..J' t it { 1 STARVIEW DR Mixed Use Employment R 7-(P p)[Il / - r,-.; -, �O P R Industrial 1' I -� , I R t F IitiI 1 V-J Parks and Recreation y ,� [_... I r -_ - I-- - Washington County Zoning -1:1./ '�_I t----�\\ ' -12 ,., `siP , Overlay Zones _ID; / /?cry 1 i Y" �, t..„ . - ' Historic District Overlay A —kt, �4/,���7/,,,� i� - . r ' u+ - K�=PlannedDevelopment Overla G �A.. ��.-4'/ ,` /,-/-,. '� 'I I ,mss rkr' I W r f �P� , >2/ — -- +�- r Subject Site \ ) 1�°i IC`-R 7 4''i PR m to `'! ��� / , �r / NICOtF� j� C rQi triti�surece T4!01.pT 1 -, R s.a• a r rr I�w p ..< — ., '—` ! ------ `''''�Cn'.y Ik--7e aid 79-M. � v� '\ t' / J BATTE Q, i X /� I — RS__LN 1 . i 0��� \N \/ y- �\t/ \ Z i 1,-.-1-1_____, ., /�. \�}�V�',l / \-"—\ ',-' - - W i i Map panted at 1120 AM on 05-Apr-ia is 5c P'Ci : ,< a - --- R-7 j �o.,��. waa / C \y/i \ ,s,,,' \,.-\,' {\ JR NETT i0�1 i _FROc or MAKES N :\ , __ - IAZ 9Y NACCUR.CIES,NTME INFORMATION PROVIDED REGARDLESS OF MOW CAUSED yO / \ .40 u aunty osAR \/ > Q 7.4J6/ \�'•y y _ - li:i9VFla ir.Itr P-1,11 rot' ... _o_ `� y`r \j 1 \ / \ \ i F- i� i� - COMMUNITY DEVELOPMENT DEPARTMENT �� \'•./ , .„T\ \ / ,,w. % - __ -�'.._��+ _i._� ' -- c ITI and ' l \\/ '' i MADDIE LN • ' -- 1alz sty Nall Bled Feet 9 ,,J`Q'., ' T I-F-'. \ A ApS T ard,OR 95 BE f T1 gg 0 33i , 1 i - 1•� 503Fard-oLg \) '/ --- i I I ; ._._ —__ _ _.__ vnv✓.0 ardor.ov ._ R I sT q A i u 1 1 4111 -Z Attachment 2: ]Ilr•O� z Zone 3 Island Annexation . ' I' wsar-rasa► 111111 3 M�5 �h 'MAIN R).GE CT +:a-.e.a ' ~ • IIIIHi �� `.�L (8)other properties,for delayed 40; ALPINE VIE DR .� 41111111111inwiliiia% annexation, whi7h wi.l be _ �' J effective on July 27,2020. �e� • , , ■m Q 3,11111:-/I11-FT�� 'ca The subject property owners FAH TfR ' � Ail ©� ` 'rnow request to annex ' 1 I 1_ ,, iimmediately,in order to hook up , i STARVIEW DR to city sewer. NIP/- .� I • LtT. �� ARVIE� . ii • _ VI n ilk ■ 1 7:41&•11W1/4 4. ft- IP't V = z c + i__Lob i , . __, ,apjga.4k -. 1 1 rn pm ? !j .'i. m O ELN•. —_, , . ���� s . r9 BATTE \[L MOUNTAIN .p14140, ''' 4. lip�1A1111. `. RSpIy LN L, RD s., gookis. _____ u., RHETT C sCC , MEI rn ��,O..1(4,4cy.' E s Ar L.71 IT o g q . MADDIE LN a w� 1 Attachment 3 Statement from Property Owner February 6, 2018 We recently purchased the property located at 13285 SW Bull Mountain Rd. During the purchasing process we had the existing septic tank pumped and inspected.While the system was functional, there was a crack in the concrete tank and the inspector recommended replacing it. The property is currently in unincorporated Washington county. I first contacted the county about replacing the tank and they referred me to Clean Water Services. CWS told me that they would deny any permit for septic improvement based on a state law requiring properties to tie into municipal sewer systems, if available, when any work is required on a septic system. That brings me to the City of Tigard.There is a city-owned sewer less than 100 ft.from my current septic tank.The nearest manhole should allow tie in without any disruption to the existing street or sidewalk. I learned that only properties within city limits may tie into a city sewer.The property is currently approved to be annexed in 2020. The existing septic system is at the end of its useful life. The tank either needs to be replaced, or bypassed altogether with a sewer tie in, before 2020. That's why I am seeking the annexation of the property now -- allowing me to move forward with permitting and work to tie into the municipal sewer. Many thanks, Matt Shelby Attachment 4 CITY OF TIGARD PLANNING COMMISSION Minutes,April 16,2018 Location:Tigard Civic Center Town Hall,13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Alt. Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: Commissioner Lambert Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin,Executive Assistant;Lina Smith,Assistant Planner • COMMUNICATIONS -None CONSIDER 3/19/18 MINUTES President Fitzgerald asked if there were any additions, deletions, or corrections to the March 19 minutes;there being none,President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING SHELBY ANNEXATION QUASI-JUDICIAL ANNEXATION ZCA2018-00001 REQUEST:This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately,in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400. April 16,2018 Page 1 of 3 QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: None. Ex-parte contacts: None. Site visitations: Commissioners Jackson,Feeney, and Schmidt. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1,Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2,Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00001 to City Council. APPLICANT PRESENTATION —Applicant not present. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION After a brief deliberation,Vice President Feeney made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00001 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Roberts seconded the motion. VOTE -All in favor—none opposed. April 16,2018 Page 2 of 3 RESULT - Motion for approval passes unanimously. OTHER BUSINESS -Tom McGuire,Assistant Community Development Director let the commissioners know that Commissioner Jan Lambert had resigned from her position, and that this leaves an open voting position. He said he will advise the Mayor of the resignation, and told the commissioners that Mayor Cook and City Council Liaison Tom Anderson will make a decision as to how to fill the balance of that open term. Tom noted that there is a public hearing scheduled for May 21 and that others would be upcoming as well. He asked the commissioners if they had ideas on topics they would like to learn more about in future meetings and he took note of the various interests for future discussion. ADJOURNMENT President Fitzgerald adjourned the meeting at 7:30 p.m. Doreen Laughlin,Planning Commission Secretary A FI EST: President Calista Fitzgerald • April 16,2018 Page 3 of 3 Exhibit A CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIC RD Shelby Annexation ZCA2OI8-00001 Presented to Tigard Planning Commission I April 16,2018 C I 'I' Y O F 'I' I ( _\ R I) 1,- i sT ,,,,--i-,—/:_i!._ -Sr \ 0, 7 1.__-}--- r, „"1, i 1 - Zone 31sIand Annexation LIM-1110.01.-Ola i I 1 (".-147-1-1-14q, �`� �a._T- W r under Ordinance No.2017-06, _ _T� I 1 r---_—_,F I 1 _, )./ City Council approved the r^w _ 1 - --� 1"-t1 $ s:J._ 1 IL !_ y- subject proPertY.hong with six i ) . --'L 1! JN I 1J -I i- - _ _ (6)other Properties,for tlelayetl NINE VIEI�ORf-�p\r\�J�- 1'ls'= �' �VIST6� T-j". - annexation, which will be I { I Pt- � ' LF�u 1 -1 effective on July 27,2020 `mac ___{"�-1 tJ ► L. ,1 T��I 1a� '� ---i-,. - 1 I�- The subject property owners / F _ r-I i . `-._{--� r {Z �_ -1 :-lr ..� i _ 1 r r now request to annex 1 1 f ) / 1 / immetliately in order m hook up '.� 1 11_r- lg �/ L_ �r _31-R�1.EW r--11, to dty sewer. *".".Tures �� of'1rr 1 I-.11. AAVIEVI' \ l i I-- 777-- - ,--1 14.-.., fJ�_.J-- l�\ f 1 1 i !� !Irv,- t-� 1 �; 1a ‘,„_1.. .. ,, i \j \J--- 1_1:7 ‹ , 1--------,r1 il) -- - ,-, '-/,r,/ J 1 1 t 1 y....,_,,, .4\.., I- --I . 1 .- D A- , A?"\\ « , f .l \'`\1"L!`MD N -r--,--.. .......g^nntss— `-, ao'—r 9 NLN Z { 1 �`` r- 10,E --- �;r i r P (al- --- 1 L_, . NNETT - _ tTl- I I L r r" --— I TA�NAI z 0 'CI' t 1,___,,,,p".....„,.....„ f-J Rn r Ier-r T-r LN 1 CITY OF TIG A R I) 0 o s t AMES ire ,5 Zoning Map 1, S'l .xA scs an f- .-.. —_ 5 4TAIN RrgG1 CT + R.7 L �a .0 GBRenlltedZrning Categories R-7(PD) R-7 i 1 hhN m /minis LL_•.o[inn ,, ' • UR W .✓y S t HDOOVISTA IN A W i5' Y 6 �~ Residential O W *.i.' .. , q - „IP PR Mixed Lsc Roidcnnal V v ,y 2:. dna In nc _ Mixed Lac Central BomanfNyrin LEAH TER a �.. 'r Commercul op-z0 M STARVIEW Op - Mixed'sc Emn.imrnt p Wa 4; Park,and Rxrtw nn y P'Z ' ► .Wasbingron Count)Zoning , y S>weaax•7:0:2 i�j o � Fig. a -.... H�naa;rtme�a3. W e —•*�A A�, ` ' iDLq�N ' a -. ` Rbmncd Derelysnrnr meds r LI PR i<> r NILO ` RZtTT OR .,� K I�rai acao��r,� y -: ' $41 A iEE "� BAiTFgSO O``�P ` N IN - pyo 4 :a __—_ -- 1m,wmmV re RHETT t C.. R.-7 0 .p 4F .' Ci e g 4 Ria �9 P MAODIE LN CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD Shelby Annexation ZCA2O18-00001 Presented to Tigard City Council May 8, 2018 C. 1 T Y 0 I TIGARD J �>ST_AMES_ — 4 T 1 I _IZI Zone 3 Island Annexation 4r' p`� j ; Ili .- -�«-.,� I ` � � } 7-,J3' NTAIN RI GE CT - _,_ Under Ordinance No. 2017-08, r I \�II f —I"1 1 1 �1 I I 1 Li_ —�NI�—T— 4111, y/ City Council approved the l-- ��w ��� I I 1 J3`L I —1. �„""�— y subject property,along with six '° ' �I 1 I I _-t (6)other properties,for delayed _I- �n "" TT .".!/, ��IISy� _ r�_ —I annexation, which will be C' ilit lP VIE DR p effective on Jul C�--.-----j }Y \p -- A� � I — � � j._T._.__ y 27.2020. r Hj r— v • _ CCC L. 1 -1 t 1 I— L_1,--1 ISI The subject property owners 4H a. r.__ W z_ _ i — +t j{— r. now request to annex (F TFL'-� I �f� I - I j j I / Immediately,in order to hook up — STARrEW DR to city sewer. i ' I474, I �,.'. I .I.I -- ♦ 2 F- ARVIE* ,,;_I_1. -�—..I 't — I ) I I i li 1 Z --I f-- I 1 I — _ – a _.._ –. . . , , . 4 A 44,6 c ,,,,,., , ,_ _ _ _ –I F r si1 1 k., >, p _ __ _ N 1 I— r— c a P 1 I— LW ..�z _ 1-, T.N ,\ —1 .R \ i. I 1 1 1 W. 1 S .#7''''•"'"' „,\,L.--_- �� eV(LMOUNTAIN 1 \ ., ..+4BAT_TEDes--4.41-,,__.... _ _ _ _ L. LN 1. RO-1--T-1.— ••'* 4S r = L I Q T �._ r.+ ..�RHETT ———Irti 2I ITA EAJ ,E" Air T ~ .�+I M T.___ 1 1 `.M.`^O . 1 I. I MADDIE_IN_ )1 1 Pug O , ( --> - -1IIL _IJ _ CITY OF T I G AR I) cc i ST:JAMES LN ? 5 L ■ Zoning Map p 1 1 tore Z -I to S .,‘,...\ 3 •-•---• l :~ (., Generalized Zoning Categories �� fi° R-7 -------- ,a > "M,TAIN Rft)Ge Cl a WIICT` v i _.. z z a R'7 (PD) R-7 3 - ,m rnnin,.Oeacriotign z w HOODVISTA LN ,.,,,l-, r+� -"•1'iPiNE VIEW DR w �, n z oa ,� I( G Residential i lE . = O W Q .e. PR Mixed Cx Rcaidenlial SW D ., --- o < Mixed Use Central TTttsincss District sr 7 ■ m Q u�I+ rye 1 1 2tt I "'Commercial • . STARVIEW D R SMlxcd Use Rmploymcnt R-7(PM)� ------ 1 -• - �� I _I " Industrial • - o R 1-�- -_�. ••-„-.,-.. ,.s1 a .-t A L J C Parks and Recreation • - ,',• 1 c '; • P Z r-_--- I Washington County Zoning 1 . i II• ra a 1 J 1 2 ., 1 , F..__. Overlay Zone to . 0 9-.'1.4/0 . 1 ._. .. I zO I `a• t� . '--• ....�_—....._.._�._ Historic District Overlay 1Q�� • 4(AA,CG :OA . aPlanned Drvelup o 01 C)orlssy tn 5ublect.Site QIP ti ,---- IQ R- '•.1 PR m _z r '°` NJ SC4 Q p.-.-.-.—: CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done • TIGARD SUPPLEMENTAL PACKET FOR - I Shelby Annexation (DATE OF MEETING) ZCA2O18-00001 Presented to Tigard City Council I May 8, 2018 O F T I G A R D I I ST �W ' J i �...__'�... r .04iP �I' , I{ I _zf— Zone 3 Island Annexation 1 �1IJraa is• I I I�� WI3 1__ ---1TTT�J> NTAI RI!GE CT �I � —�-- �1-1-11—iii,—_4-1), Tr�LSF— �L , Under Ordinance No. 2017-08, TTfn� 1; Ia 1 �„eF j . City Council approved the 741. i n ` 1 I f_1 J II-k I/ subject property, along with six � "�+ -} (6)other properties,for delayed .�—j .r..�.r»; 1-r�—� SPINE VIE DR 5— � � .7 m '� � annexation, which will beA `—I I n I�� AQ L�-I_1. — --- -I , 1,---2-_ effective on July 27,2020 (+ ____r Z F-I (F ' - r_ ^' ��� �' The subject property owners 71RJ __- 1 • inorto hoI Li = I .so.no. m d� I - ARV1E�' I to city sewer. -I-7 �. � z ? �_IJ--I- ' I _ I r1 . 4 -1 01 r 4/ —I—.—I,..2 -zt I C�,, I— — I—.— — W _ Se Q�P�a ���~ --I;_ . I _- I- a W "'r—_1 L A *71 Ill 1 :.. R itli. w-Yi V I 4 I �.,�_- 6 CLMOUNTAIN .P�44%4 I �AT7-'F-a.NLN�1 i. .'RHETT I 21 — IT AE r — M — TRE Ai .'may. I Ih�7-�7I. LJ .�' I----1/Ll Iii I I J I IC-a,, izi 0 a. • --- l �-M,AD�IE LN I Ra 1. --A 1I,�� I I I I— -F- T -7--L'—, C I 1' Y O F T I G .A R D dg STNAMES LN ? Zoning Map ■ La 3 `y ' IL mamas •------j ., Os- 5 Generalized Zoning Categories _ S %, / NTAIN RIDGE CT < R_7 0 ., WILM -. r \ rr W ( ) 1R-7- ). �, co R-7 PD ,,, i1 ��11 3 Z J /gnrnL L)escriotiort Il • ✓ � z wH00DVISTALN AtPONE VIEW DR ~ - w — Residential. `` z Zo • Mixed L r Residential _� J1. i �- � -- -,Z ,7- --L0 I LJ, I I -_yl . m m N •Mined Use Central Rus iness DistrictQ Q c .- Z _ I Commercial TER STARVIEW DR Mixed Csc PmJloymcntI / yr f OD R-7 (PD)•------- ---- W T R industrial-- i,- > . I ,\ W <,' .A-4Parks and Recreation �•- I • P Z Washington County Zoning ■ -. ,„1"---- I`‘ - I — — — 2 ' 1 O erla 7v renes � ` 10� `n Dj Historic District Overlay .WtM/ "\ "O(,�N Planned Development Overlay PG�, �:::: �/ _ $ubicd Site St , \ :„...:. // - 14/. PRr,, o :4:, , ' � // tiM ` / BATTY �__ / ' -— — pSON LN r ,p\ � r— L_ — / PPO(~ ��i�_ �, 1 Map mulled al 11.20 AM on O8-a 18 ./\ si., 1 - Tr R-7 .o-.._.,-as_� ..._...... ..)<\ RHETT 7 - ....«_ - .Das- �- -CT{ I ;� — =.-1'v' i;72 O1 ;.® .:'a-,VgaIN i0 7p., '''\, ' m -- � y* ' ,•"/ a .-..• -----ma- 4.. - COMMUNITY DEVELOPMENT DEPARTMENT 4.....1::' �' �� ` �� 'R`eF WI ti 1 - m O ■ MADUIE IN 1312` 9Wrg.IBhd ■ re.t 9 4--. I I 1 TIGAA°MAPS Tr OR 91223 w... 3fi3(11111 I, 331 SG ■ _.o 99- or �reA AGENDA ITEM No. If-10 Date: May 8, 2018 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the City Council on: SHELBY ANNEXATION (ZCA2018-00001) APPLICANTS/ Matthew and Tabitha Shelby OWNERS 13285 SW Bull Mountain Road Tigard, OR 97224 PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13285 SW Bull Mountain Road,into the City of Tigard. The 1.03-acre property was previously approved by City Council for delayed annexation (Ordinance No. 2017-08). However, the property owners now request to annex immediately, in order to connect to city sewer. LOCATION: 13285 SW Bull Mountain Road;WCTM 2S109AB,Tax Lot 1400 COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community REVIEW Development Code Chapters 18.710 and 18.720, Comprehensive Plan Goal CRITERIA: 1, Goal 11, Goal 12, and Goal 14;Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS)Chapter 222. AGENDA ITEM No. 11 May 8, 2018 PLEASE PRINT Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 'CU ` A 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-3503 11. Business Meeting Meeting Date: 05/08/2018 Length (in minutes):5 Minutes Agenda Title: Council Consideration of Amendment#6 to the City Center Urban Renewal Plan Submitted By: Sean Farrelly,Community Development Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE The City Council is requested to consider a resolution to amend the City Center Urban Renewal Plan to add the disposition of two contiguous parcels on Main Street to the list of urban renewal projects. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the City Council approve the resolution. KEY FACTS AND INFORMATION SUMMARY The Town Center Development Agency acquired the Main Street at Fanno Creek properties (Tax lot IDs 2S102AB02000 and 2S102AB02100,12533-12537 SW Main Street) in November 2015.These two properties are the subject of a proposed Disposition and Development Agreement that will result in a major mixed use residential development on the site.The properties will not be disposed of until the requirements of the Disposition and Development Agreement are fulfilled. The proposed urban renewal plan amendment will add these two properties to the list of properties to be disposed of under Project I:Real Property Disposition. When the Town Center Development Agency acquires or disposes of property,the applicable urban renewal plan needs to be amended. Section XII of the City Center Urban Renewal Plan establishes the procedures to amend the Plan. The proposed amendment is considered a Council-Approved Amendment. Council-Approved amendments require both the approval of the Agency and the City Council by separate resolutions. Section V of the City Center Urban Renewal Plan authorizes Real Property Acquisition and Real Property Disposition as projects. Under Project I,real property may be disposed of as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII,paragraph B. This includes real property disposition to support development or redevelopment of retail, office,housing and mixed use projects within the Area. OTHER ALTERNATIVES The City Council could choose not to adopt the resolution to amend the plan,which would delay the redevelopment of the properties. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Tigard City Council Goals 2017-2019 Goal#3. Make Downtown Tigard a Place Where People Want to Be - Make Downtown Tigard a livable community with something to offer residents 18 hours a day,7 days a week;develop housing units in Downtown. - Complete the cleanup and redevelopment of the Main Street at Fanno Creek property into a mixed use building and public space. City Center Urban Renewal Plan Goal# 5 : Promote high quality development of retail,office and residential uses that support and are supported by public streetscape,transportation,recreation and open space investments. Tigard Strategic Plan Goal 2: Ensure development advances the vision Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Special Planning Areas-Downtown Goal 15.2 Facilitate the development of an urban village Tigard Downtown Improvement Plan DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time for Council to consider the topic. Attachments Resolution Exhibit A AIS-3506 12. Business Meeting Meeting Date: 05/08/2018 Length (in minutes):5 Minutes Agenda Title: TCDA Board Consideration of Amendment#6 to the City Center Urban Renewal Plan Submitted By: Sean Farrelly,Community Development Item Type: Resolution Meeting Type: Town Center Development Agency Public Hearing: No Publication Date: Information ISSUE The Board of the Town Center Development Agency is requested to consider a resolution to amend the City Center Urban Renewal Plan to add the disposition of two contiguous parcels on Main Street to the list of urban renewal projects. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends that the Board of the TCDA approve the resolution. KEY FACTS AND INFORMATION SUMMARY The Town Center Development Agency acquired the Main Street at Fanno Creek properties (Tax lot IDs 2S102AB02000 and 2S102AB0210012533-12537 SW Main Street) in November 2015. These two properties are the subject of a proposed Disposition and Development Agreement that will result in a major mixed use residential development on the site. The properties will not be disposed of until the requirements of the Disposition and Development Agreement are fulfilled. The proposed urban renewal plan amendment will add these two properties to the list of properties to be disposed of under Project I:Real Property Disposition. When the Town Center Development Agency acquires or disposes of property,the applicable urban renewal plan needs to be amended. Section XII of the City Center Urban Renewal Plan establishes the procedures to amend the Plan. The proposed amendment is considered a Council-Approved Amendment. Council-Approved amendments require both the approval of the Agency and the City Council by separate resolutions. Section V of the City Center Urban Renewal Plan authorizes Real Property Acquisition and Real Property Disposition as projects. Under Project I,real property may be disposed of as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII,paragraph B. This includes real property disposition to support development or redevelopment of retail, office,housing and mixed use projects within the Area. OTHER ALTERNATIVES The Board of the TCDA could choose not to adopt the resolution to amend the plan,which would delay the redevelopment of the properties. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard City Council Goals 2017-2019 Goal#3. Make Downtown Tigard a Place Where People Want to Be -Make Downtown Tigard a livable community with something to offer residents 18 hours a day, 7 days a week;develop housing units in Downtown. -Complete the cleanup and redevelopment of the Main Street at Fanno Creek property into a mixed use building and public space. • City Center Urban Renewal Plan Goal# 5 :Promote high quality development of retail,office and residential uses that support and are supported by public streetscape,transportation,recreation and open space investments. Tigard Strategic Plan Goal 2: Ensure development advances the vision Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong,diversified, and sustainable local economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Special Planning Areas-Downtown Goal 15.2 Facilitate the development of an urban village Tigard Downtown Improvement Plan DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time for the TCDA Board to consider the topic. Attachments TCDA Resolution Exhibit A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE DISPOSITION OF TWO PROPERTIES ON SW MAIN STREET(TAX LOT IDS 2S102AB02000 AND 2S102AB02100) WHEREAS,ORS 457. 170 authorizes the Town Center Development Agency(ICDA) to acquire and/ or dispose of real property pursuant to its approved urban renewal plan;and WHEREAS, the City Center Urban Renewal Plan authorizes the acquisition and/ or disposition of real property within the Urban Renewal Area as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII,paragraphs A and B;and WHEREAS, on November 24, 2015 the Town Center Development Agency acquired two properties on SW Main Street(Tax lot IDs 2S102AB02000 and 2S102AB02100);and WHEREAS,the City Center Urban Renewal Plan must be amended to add the disposition of these properties to the list of urban renewal projects;and WHEREAS,adding projects that add a cost in 2005 dollars of more than$500,000 and are materially different from projects previously authorized in the plan may be approved through a Council-approved amendment;and WHEREAS,the Board of the City Center Development Agency will also consider approval of the amendment by resolution. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Center Urban Renewal Plan is hereby amended with the language found in Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard A'1'1'EST City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 EXHIBIT A Proposed new text is shown in double- underline V. URBAN RENEWAL PROJECTS Urban renewal projects authorized under the Plan,which may be undertaken by the Agency,are described below and shown in Figures 2 to 7.To preserve and enhance the Area' s natural resources, projects will be designed and implemented with consideration for ecologically sensitive areas and to minimize the impacts of development on the environment. Property acquisition may be required for these projects. Further,some of the projects described herein will require participation of other public agencies. In addition, real property acquisition and disposition are Projects under the plan as described in Section V, paragraphs H and I. I. Land Disposition The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VIII A. Property shall be conveyed at its fair reuse value. Fair reuse value is the value,whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects limitations on use of the property to those purposes specified in the Plan, the value may be lower than the property's fair market value. Property disposition may be required to support development of retail, office, housing and mixed use projects within the Area. 1. Taxlots 2S102AD02800, 2S102AD02900, and 2S102AD03000; Burnham and Ash Avenue Properties 2.Taxlots 2S102AB02000 and 2S102AB02100, Main Street"Saxony Properties" AIS-3498 13. Business Meeting Meeting Date: 05/08/2018 Length (in minutes): 15 Minutes Agenda Title: CONSIDER RESOLUTION FOR TOWN CENTER DEVELOPMENT AGENCY DEVELOPMENT AND DISPOSITION AGREEMENT Submitted By: Sean Farrelly,Community Development Item Type: Resolution Meeting Type: Town Center Development Agency Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Consider a resolution authorizing the TCDA Executive Director to execute a Development and Disposition Agreement to develop a mixed use project on the Town Center Development Agency-owned Main Street at Fanno Creek properties. STAFF RECOMMENDATION I ACTION REQUEST Staff recommends the TCDA Board authorize the TCDA Executive Director to execute the Disposition and Development Agreement. KEY FACTS AND INFORMATION SUMMARY The Board of the Town Center Development Agency (TCDA) will consider authorizing the Executive Director of the TCDA to sign a Disposition and Development Agreement(DDA) with developer AVA Tigard Development LLC. The DDA will lead to the construction of a mixed-use residential and commercial building on contiguous properties currently owned by the Town Center Development Agency (the"Main Street at Fanno Creek properties" a.k.a. the "Saxony properties"). The project that will result from the execution of the DDA will implement Tigard City Council's 2017-2019 Goal#3 "Make Downtown Tigard a Place Where People Want to Be," specifically the milestone "Complete the cleanup and redevelopment of the Main Street at Fanno Creek property into a mixed use building and • public space." Encouraging new housing and mixed use development in the Downtown is also supported by several City plans and implementing documents: •The Tigard Downtown Improvement Plan included Downtown Housing Development as one of the "catalyst projects"that has the ability to "substantively alter the development environment" in the downtown. •The City Center Urban Renewal Plan specifically authorizes the disposition of property to support the development of housing and mixed use projects in the Urban Renewal Area. •The creation of new housing units on a site on Main Street and adjacent to the Fanno Creek Trail and within walking distance to the Tigard Transit Center/WES Station is also consistent with the Tigard Comprehensive Plan Goals 9 (Economic Development), 10 (Housing),and 15 (Special Planning Areas-Downtown). •The project will help to implement Goal 2 of the Tigard Strategic Plan, "Ensure development advances the vision." The project that will result from the DDA advances walkability by creating new housing in a location highly conducive to people walking,biking,and using public transit. The Disposition and Development Agreement spells out the responsibilities for AVA Tigard Development LLC and the Agency. It details the conditions must be met before the Agency will sell the property to the developers.The details of the DDA are summarized in the attached memo. OTHER ALTERNATIVES The TCDA Board could elect not to authorize signature of the Disposition and Development Agreement which would significantly delay the redevelopment of the properties. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Tigard City Council Goals 2017-2019 Goal#3. Make Downtown Tigard a Place Where People Want to Be -Make Downtown Tigard a livable community with something to offer residents 18 hours a day,7 days a week;develop housing units in Downtown. - Complete the cleanup and redevelopment of the Main Street at Fanno Creek property into a mixed use building and public space. City Center Urban Renewal Plan Goal# 5: Promote high quality development of retail,office and residential uses that support and are • supported by public streetscape,transportation,recreation and open space investments. Tigard Strategic Plan Goal 2: Ensure development advances the vision Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong,diversified,and sustainable local economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Special Planning Areas-Downtown Goal 15.2 Facilitate the development of an urban village Tigard Downtown Improvement Plan DATES OF PREVIOUS CONSIDERATION Executive Sessions April 24,2018 March 20,2018 - September 5,2017 Attachments TCDA Resolution Development and Disposition Agreement DDA Summary Memo AgendaQuick©2005-2018 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 18- A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE DISPOSITION OF TWO PROPERTIES ON SW MAIN STREET (TAX LOT IDS 2S102AB02000 AND 2S102AB02100) WHEREAS, ORS 457. 170 authorizes the Town Center Development Agency (ICDA) to acquire and/or dispose of real property pursuant to its approved urban renewal plan;and WHEREAS,the City Center Urban Renewal Plan authorizes the acquisition and/ or disposition of real property within the Urban Renewal Area as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII, paragraphs A and B;and WHEREAS, on November 24, 2015 the Town Center Development Agency acquired two properties on SW Main Street(Tax lot IDs 2S102AB02000 and 2S102AB02100);and WHEREAS, the City Center Urban Renewal Plan must be amended to add the disposition of these properties to the list of urban renewal projects;and WHEREAS,adding projects that add a cost in 2005 dollars of more than$500,000 and are materially different from projects previously authorized in the plan may be approved through a Council-approved amendment;and WHEREAS, the Tigard City Council will also consider approval of the amendment by resolution. NOW,THEREFORE,BE IT RESOLVED,by the Tigard Town Center Development Agency that: SECTION 1: The City Center Urban Renewal Plan is hereby amended with the language found in Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of ,2018. Chair—City of Tigard Town Center Development Agency ATTEST: Recorder—City of Tigard Town Center Development Agency TCDA Resolution No. 18- Page 1 of 1 EXHIBIT A Proposed new text is shown in double- underline V. URBAN RENEWAL PROJECTS Urban renewal projects authorized under the Plan, which may be undertaken by the Agency, are described below and shown in Figures 2 to 7. To preserve and enhance the Area' s natural resources, projects will be designed and implemented with consideration for ecologically sensitive areas and to minimize the impacts of development on the environment. Property acquisition may be required for these projects. Further, some of the projects described herein will require participation of other public agencies. In addition, real property acquisition and disposition are Projects under the plan as described in Section V, paragraphs H and I. I. Land Disposition The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VIII A. Property shall be conveyed at its fair reuse value. Fair reuse value is the value,whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared,conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects limitations on use of the property to those purposes specified in the Plan,the value may be lower than the property's fair market value. Property disposition may be required to support development of retail, office, housing and mixed use projects within the Area. 1.Taxlots 2S102AD02800, 2S102AD02900, and 2S102AD03000; Burnham and Ash Avenue Properties 2.Taxlots 2S102AB02000 and 2S102AB02100, Main Street"Saxony Properties" SUPPLEMENTALP ACT FOR `� EXHIBIT B (DATE OF MEETING) 1" yrs'""*r --- / ''' ^.z. .-----II r itI .. ti E ..rissisr, eir 116.1.111111111161 1 �' 1 l , ., , ° r-', " 1:14- I -141111111 , ,-.,„, I 1; -milliall°111111.'15 1 'CM' a f ■ ��. 1 - �, I .... , f ,,- t , 1 I • ;lww , 11 111.10 Iii it ,, T ai „�r �yz�i:;,,,,,, ,67i41,..;'.,4;0,1 1 Ill I AL , , �..r" 71‘. I lir' '4,, Mill r, III hctirf, ,, 0 0a tr.� %it j1 a . ", t. 41P ,,a "t�k �% s'`'.1.... f r 7 ��������" 4r me ,��k �' , .000,' tfei4 J ''''.0$::0....I k .. CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 18- A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO EXECUTE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH AVA TIGARD DEVELOPMENT LLC TO REDEVELOP THE MAIN STREET AT FANNO CREEK PROPERTIES (TAX LOTS 2S102AB02000 AND 2S102AB02100) WHEREAS,Goal 5 of the City Center Urban Renewal Plan is to" promote high quality development of retail,office and residential uses that support and are supported by public streetscape,transportation,recreation and open space investments;" and WHEREAS,Section VIII,paragraph B of the City Center Urban Renewal Plan authorizes the City's urban renewal agency to dispose of property to support development or redevelopment of retail, office,housing and mixed use project within the Urban Renewal Area;and WHEREAS,the Town Center Development Agency(TCDA)is the owner of two contiguous properties on SW Main Street(the "Main Street at Fanno Creek properties");and WHEREAS, the TCDA and AVA Tigard Development LLC have negotiated in good faith a Disposition and Development Agreement(DDA);and WHEREAS,the DDA commits AVA Tigard Development LLC to substantially complete the project two years after closing. NOW,THEREFORE,BE IT RESOLVED,by the Tigard Town Center Development Agency that: SECTION 1: The Executive Director of the Town Center Development Agency is authorized to execute the Main Street at Fanno Creek Disposition and Development Agreement attached as Exhibit' A',subject to final legal review. SECTION 2: The Executive Director of the Town Center Development Agency may approve editing or similar changes to Exhibit'A' that do not materially alter the rights or responsibilities of the parties. SECTION 3: The Executive Director is authorized to take such further steps as reasonably are necessary to administer the Disposition and Development Agreement pending further action by this Board as provided for in the Agreement, including finalizing the Project Schedule. SECTION 4: This resolution is effective immediately upon passage. TCDA Resolution No. 18- Page 1 PASSED: This day of ,2018. Chair—City of Tigard Town Center Development Agency A I l E.ST: Recorder—City of Tigard Town Center Development Agency TCDA Resolution No. 18- Page 2 4/29/18 Final Exhibit A to Resolution DEVELOPMENT AND DISPOSITION AGREEMENT AMONG: Town Center Development Agency of the City of Tigard, Oregon ("TCDA"), an Oregon Chapter 457 urban renewal agency AND: Ava Tigard Development,LLC, an Oregon limited liability company ("Ava" or"Developer") ("TCDA" and"Developer"are referred to herein as "Party" or collectively, as "Parties") RECITALS A. Pursuant to the Charter of the City of Tigard("City"), Tigard Municipal Code 2- 64 and ORS Chapter 457, the City adopted the City Center Urban Renewal Plan on November 22, 2005,by Ordinance No. 05-17 (including all amendments thereto, the"UR Plan"). The UR Plan establishes an urban renewal area("UR Area")within which the TCDA will focus efforts to encourage private development, cure blight, and enhance economic development opportunities. B. On April 24, 2007,by Ordinance No. 07-07, the City Council adopted the Downtown chapter as a Special Planning Area of the Tigard Comprehensive Plan. TCDA is responsible for coordinating and guiding development of the Downtown Special Planning Area on behalf of the City in accordance with the vision and goals of the City Center Urban Renewal Plan. C. The property that is the subject of this Agreement is located at 12533-12537 SW Main St.,Tigard, Oregon and is described in the attached and incorporated Exhibit A(the "Property"). D. TCDA obtained a$400,000 EPA grant for environmental cleanup on the Property. TCDA has completed the work necessary to obtain a Certification of Completion and to deliver the Property at Closing in compliance with Consent Judgment C 152218CV entered into with the Department of Environmental Quality("DEQ") filed on May 29,2015 (the "Consent Judgment"), subject to recording of an Easement and Equitable Servitude (the"EES")pursuant to the Certificate of Completion including institutional controls. E. TCDA agrees that after Closing, Developer shall have the right to modify or approve the design or the scope of any institutional controls required by DEQ so long as such modifications are acceptable to DEQ. Any TCDA approvals will not be unreasonably withheld. F. TCDA issued a request for letters of interest for development of the Property on or about February 8, 2017. On February 27, 2017, Developer submitted a letter of interest outlining its plan for acquisition and redevelopment of the Property and proposing development of a four- story mixed-use building. On March 21, 2017 the TCDA interview panel consisting of community stakeholders met in a public meeting to review the letter of interest and interview Page 1—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution Developer's representatives. The panel unanimously recommended that the TCDA seek to negotiate a development agreement with Developer, subject to City Council approval. G. ORS 457.170 authorizes TCDA to convey real property in accordance with the City Center Urban Renewal Plan where such real property is not needed for public use and when the public interest will be served. TCDA has entered into this Agreement with the expectation that the Project will achieve the public goals desired for the Property, act as a catalyst for development in the UR Area, and fully capitalize the public investments. H. The purpose of this Agreement is to memorialize the Parties' understanding of their respective roles and commitments in the development of the Property, including a strategy for assuring that private development projects achieve fmancial feasibility. NOW,THEREFORE, in consideration of the mutual covenants contained in this Agreement,the Parties agree as follows: AGREEMENT SECTION 1. DEFINED TERMS Capitalized words that are not the first word of a sentence, are defined terms. A defined term has the meaning given it when it is first defined in this Agreement. Defined terms may be used together, and the combined defined term has the meaning of the combined defined terms. A defined term that is a noun may be used in its verb or adjective form and vice-versa. Defined terms may be used in the singular or the plural. Unless provided otherwise, "TCDA"includes its officers, employees and agents and"Developer" includes its officers, employees and agents. The Recitals are incorporated into this Agreement by this reference. SECTION 2. DESCRIPTION OF THE PROJECT 2.1 The Project. The"Project"is a mixed use,multi-family residential and retail development as shown in the"Concept Design" attached as Exhibit B (the"Concept Design"). The first floor above the parking floor will include retail space, likely consisting of 7,000 sq. ft. devoted to retail use and with a minimum of 1,000 sq. ft. of publicly accessible outside seating facing Fanno Creek. The second,third, fourth, and possibly fifth floors above the parking floor will consist of up to 17 dwellings. The materials, fit, finish, and overall construction quality of the commercial/retail portions will be substantially comparable to or exceed the quality demonstrated in the Ava Roasteria—Beaverton facility constructed by Developer. The Parties acknowledge that the Project description and Concept Design are subject to modification, refinement and final approval by TCDA as provided for in this Agreement. 2.2 Vertical Housing Tax Credit. The Project may be eligible for the grant of a partial property tax exemption pursuant to the Oregon Vertical Housing Development Program. Developer intends to design and construct the Project to qualify as provided in ORS 285C.450 to 285C.480 and applicable administrative rules. Page 2—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution SECTION 3. CONVEYANCE 3.1 Deed. Upon satisfaction of the Conditions Precedent to Closing set forth in Section 3.6, and payment of the amount set forth in Section 3.2, TCDA agrees to convey the Property to Developer by statutory warranty deed(the"Deed"),free and clear of all encumbrances, except Final Permitted Exceptions as described in Section 3.4("Conveyance"). 3.2 Consideration and Earnest Money. 3.2.1 The monetary consideration for the Conveyance of the Property by TCDA to Developer is $390,000("Purchase Price"). The Parties agree that the Purchase Price is the fair market value of the Property given the restrictions and obligations imposed on development under this Agreement and that the terms of this Agreement constitute additional consideration. 3.2.2 Within five(5)days after the Effective Date of this Agreement, Developer will deposit with Escrow Agent(as defined below)earnest money in the amount of$30,000, $15,000 of which is non-refundable except for breach by TCDA (the"Earnest Money").The entire Earnest Money shall be credited against the Purchase Price at Closing. 3.2.3 Developer shall pay to TCDA the remaining balance of the Purchase Price at Closing. 3.3 Closing. Subject to the terms, covenants, and conditions of this Agreement, the Conveyance of the Property to Developer will occur in an escrow closing at the local offices of First American Title Insurance Company chosen by Developer, (the "Escrow Agent")not later than the date that is 12 months from the Effective Date,unless extended by agreement of the Parties. A reasonable extension of the Closing date,not to exceed 90 days,will be granted provided that the Party requesting the extension has proceeded diligently and in good faith to comply with the Project Schedule provided for in set forth in Exhibit 'C' and to satisfy the Conditions Precedent to Closing and the request is not the result of unreasonable delay. Extensions beyond that date shall be by agreement of the Parties within each Party's sole discretion. ("Closing"). 3.4 Title Review. 3.4.1 Within thirty(30)days after TCDA records the EES required pursuant to the Certificate of Completion,TCDA will cause the Escrow Agent to deliver to Developer a preliminary title report on the Property and copies of all exception documents (the "Title Report"). Developer will have thirty(30)days after receiving the Title Report to notify TCDA if Developer objects to any item in the Title Report other than the EES. Those items to which Developer does not object are the "Permitted Exceptions". If Developer objects to any item, TCDA will have thirty(30) days after receiving Developer's objection to notify Developer of its intention to remove or not remove the objected to exceptions to title prior to Closing. If TCDA does not give its response to Developer's objections within the thirty(30)day period or if TCDA refuses to remove any such objected to exceptions,Developer will have thirty(30) days to Page 3—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution terminate this Agreement. If this Agreement is not terminated in accordance with the preceding sentence, the Permitted Exceptions together with the exceptions, if any,that Developer originally objected to and that TCDA refused to remove or failed to respond to will be deemed the"Final Permitted Exceptions". TCDA will not cause any additional exceptions to be recorded against the Property except those reasonably necessary to fulfill TCDA's obligations under the Consent Judgment without the written consent of Developer, which consent may be withheld in its sole discretion. TCDA promptly will notify Developer of any such additional exceptions recorded by TCDA and any third-party exceptions known by TCDA to have been recorded against the Property. 3.4.2 Developer may obtain an update to the Title Report at any time prior to the Closing. Developer will promptly give to TCDA a copy of any updated Title Report. Developer will notify TCDA of any objections to the exceptions to title that appear on the updated Title Report. Developer may not object to Permitted Exceptions as defined in Section 3.4.1. Within thirty(30)days of Developer's notice to TCDA described in the preceding sentence,TCDA will notify Developer of its intention to remove or not remove the objected to exceptions to title prior to Closing; provided,however,TCDA must remove any additional exception not consented to by Developer that is caused by TCDA. If TCDA refuses to remove any such objected to exceptions, Developer will have thirty(30)days to terminate this Agreement by notice to TCDA, or Close subject to same. Any additional exceptions that Developer accepts at Closing,together with the previous Permitted Exceptions,are the"Final Permitted Exceptions". The Closing date will automatically be extended to the extent necessary to accommodate a notice of objection from Developer that is less than thirty(30) days prior to the Closing date. 3.5 Title Insurance, Survey,Property Taxes and Closing Costs. 3.5.1 TCDA,at its expense,will provide Developer with a standard coverage Owner's Policy of Title Insurance, issued by Escrow Agent, and covering the Property when conveyed, and insuring Developer in the amount of the Purchase Price free and clear of encumbrances, except Final Permitted Exceptions. Developer, at its option and expense, may elect to obtain extended owner's coverage under such policy of title insurance with or without an ALTA Survey, and TCDA agrees to execute any affidavits or other documents reasonably required by the Escrow Agent to enable Developer to obtain such coverage. Developer may also elect to obtain a survey at its own expense. 3.5.2 The costs for recording the Deed and any other documents required by Developer to be recorded will be paid by Developer. Each Party will pay one-half(1/2) of any escrow fees charged by Escrow Agent. TCDA will pay any Washington County Transfer Tax. All other Closing costs, if any,will be allocated in accordance with the customary practice in Washington County. TCDA will pay only the annual payments due through Closing for any special assessments that have been paid in annual installments. Developer will assume liability for payment of any annual payments due after Closing for any special assessments that have been paid in annual installments. TCDA will pay any property taxes accruing to the Property resulting, from transfer of the Property from public ownership, and therefore the change of the Property's status from tax exempt to taxable. Developer will pay property taxes levied on the Property from and after Closing. Page 4—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution 3.6 Conditions Precedent to Closing. Developer and TCDA are not obligated to close the Conveyance unless the following conditions are satisfied to their reasonable satisfaction.Unless expressly provided otherwise,the Party benefited by a particular condition will not unreasonably withhold, condition, or delay acknowledgment that the condition has been satisfied and such Party may waive the condition in its sole discretion,provided such waiver will be in writing to the other Party to be effective. The Parties will act diligently and in good faith to satisfy conditions over which they have control or influence. 3.6.1 To the satisfaction of both TCDA and Developer: (a) The Parties have agreed on a Project Schedule and Project Plan. The Project Schedule shall be agreed on within 30 days of execution of this Agreement as provided in Section 6.1. Within 90 days of the Effective Date, Developer will prepare and submit to TCDA a draft Project Plan with sufficient detail to demonstrate compliance with the UR Plan, this Agreement and the Consent Judgment. TCDA staff will provide comments within 20 days of receipt of the draft Project Plan from Developer. Staff and Developer will work together reasonably and in good faith to reach agreement on a final draft Project Plan. Within thirty(30) days of such agreement, TCDA will conduct a public open house with the attendance and cooperation of Developer. After the open house, TCDA staff and Developer will have thirty(30) days to consider and incorporate public comments into any revisions reasonably determined by the Parties to be appropriate. TCDA staff will submit the final draft Project Plan, including any revisions and unresolved issues, to the TCDA Board for its review within forty-five(45)days of the open house. The TCDA Board will accept,reject or propose modifications and other comments within forty-five(45)days after receiving the final draft Project Plan. The TCDA Board's final decision will be at its complete discretion. Failure of the TCDA Board to respond by the due date will constitute acceptance. TCDA staff will not unreasonably withhold a recommendation that the Board approve the final draft Project Plan. Developer will have thirty(30) days from the date of TCDA Board action to notify TCDA that it accepts,rejects or proposes further modifications to the fmal draft Project Plan.Any substantial further modifications other than those reasonably necessary to conform to the TCDA Board's decision will be subject to review and approval by the TCDA Board in its complete discretion. TCDA may deem a failure to timely respond as a rejection. The draft Project Plan approved by the TCDA Board and Developer is referred to in this Agreement as the Final Project Plan. Developer acknowledges that approval of the Final Project Plan as provided for in this paragraph is not a determination that the Final Project Plan conforms to the Tigard Development Code and that Developer must obtain all land use approvals as provided below. (b) Developer has obtained any final land use approvals and permits for the Project required by the Code of the City of Tigard. "Final land use approval"will mean that the appeal period(s) for such approval has passed without an appeal being filed; or if an appeal is filed, it satisfactorily has been resolved including issuance of a final approval on remand and resolution of any appeal therefrom.Notwithstanding any other provision, either Party may terminate this Agreement as provided in Section 3.7 if the Party determines in its reasonable judgment that the terms or conditions of the "final land use approval"are materially inconsistent with this Agreement. Page 5—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution (c) TCDA has obtained a Certificate of Completion from DEQ and a satisfaction of judgment in Cl52218CV. The parties have agreed to the terms of a DEQ access agreement. (d) The Parties have executed and TCDA has delivered to DEQ a Notice of Transfer of Property and Assignment and Acceptance of Prospective Purchaser Agreement(DEQ Prospective Purchaser Agreement No. 14-05 (the"PPA")and the Consent Judgment(Certificate of Completion. (e) The final construction plans for construction, including,plans and specifications for the Project,have been approved by all required governmental entities and agencies and those agencies, including the City of Tigard, have issued or are ready to issue all permits, including building permits,required to construct the Project, subject only to Developer's ownership of the Property. (f) The Parties have agreed to the final form of the Deed and any other conveyancing documents necessary to close the Conveyance. (g) No litigation is pending that presents a substantial risk that TCDA or Developer will be precluded from performing their respective obligations under this Agreement. (h) TCDA has obtained a lot line adjustment or partition approval establishing the parcel constituting the Property and a parcel consisting of the non-buildable area adjacent to Fanno Creek. 3.6.2 To Developer's satisfaction: (a) TCDA has title to the Property subject only to the Final Permitted Exceptions. (b) Escrow Agent has issued to Developer a binding commitment to issue to Developer an extended coverage Owner's Title Insurance Policy without an ALTA survey covering the Property in an amount not less than the Market Valuation, subject only to the Final Permitted Exceptions. (c) TCDA's representations and warranties set forth in this Agreement are true and correct as of the Closing. (d) TCDA is not in breach of this Agreement. (e) No material adverse change in the physical or legal condition of the Property has occurred. (f) All commitments between Developer and other parties contemplated for Project financing are in effect. (g) Developer has obtained a waiver or other form of written confirmation from the Oregon Bureau of Labor and Industries in form and substance as Developer reasonably Page 6—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution requires that confirms, among other things, that there is no obligation for Developer to pay prevailing wages in connection with the development of the Project. TCDA will cooperate with Developer in obtaining such determination. (h) Receipt of an environmental insurance policy (payment of the premium for which will be a Developer obligation)in form and substance as Developer reasonably requires with respect to the environmental condition of the Property. (i) Developer is satisfied that it has had an adequate opportunity to inspect and evaluate the Property,to conduct its due diligence and is fully satisfied with its knowledge, information and understanding of the Property conditions and suitability including but not limited to legal, environmental, geotechnical and other conditions. (j) Developer has received confirmation of prospective certification of eligibility for the Vertical Housing Development Zone partial tax abatement program. 3.6.3 To TCDA's satisfaction: (a) Developer's representations and warranties set forth in this Section are true and correct as of the Closing. (b) Developer is not in breach of this Agreement. (c) Developer has demonstrated financial feasibility for the Project to the reasonable satisfaction of TCDA by providing to TCDA: (i)within six(6)months of the Effective Date, a financing plan demonstrating that it is feasible for Developer to finance construction of the Project, including but not limited to equity contributions, funds from lenders evidenced by copies of nonbinding term sheets and similar documentation regarding other fmancing; (ii)prior to Closing,copies of binding commitment letters from lenders for the construction financing for the Project, written evidence of necessary equity commitments, commitments from public funding sources, including the approval by the TCDA, if necessary, subject to standard underwriting practices, for the construction of the Project, a pro forma financial statement including estimated return on investment, and such other documentation or assurances as may be reasonably required by TCDA. 3.7 Elections upon Non-Occurrence of Conditions. Except as provided below, if any condition in this Section 3 is not fulfilled to the reasonable satisfaction of the benefited Party or Parties on the date scheduled for Closing then such benefited Party or Parties may elect to: Page 7—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution 3.7.1 Terminate this Agreement by written notice to the other Party,which termination will become effective fifteen (15) days after the notice of termination is sent("Termination Date")unless, before the fifteen(15) day period ends, such condition is fulfilled to the satisfaction of the benefited Party or Parties; 3.7.2 Waive in writing the benefit of that condition precedent to Closing and proceed in accordance with the terms hereof; or 3.7.3 Designate in writing a later date for Closing, to allow additional time for the condition to be fulfilled, if the condition can be fulfilled and the other Party agrees in writing to the later date. 3.8 Effect of Termination for Failure of Conditions Precedent. If this Agreement is terminated for failure to fulfill the Conditions Precedent to Closing and neither Party is in breach, then all rights and obligations of the Parties under this Agreement will terminate other than the obligation to cooperate in preparing,executing and recording such documents as may be necessary or desirable to reflect the termination of this Agreement. Within 10 days of such termination,TCDA will instruct the Escrow Agent to return the Earnest Money, less the non-refundable portion. If a Party is in breach on the termination date,then the rights and remedies accruing to the other Party under this Agreement resulting from of such breach will survive termination of this Agreement. 3.9 Property Sold As-Is. 3.9.1 Developer and its affiliates are sophisticated purchasers, developers, operators and managers of real estate and real estate projects. Except for the representations expressly made by TCDA in this Agreement and in the conveyancing documents executed by TCDA at Closing, non-exercise of Developer's termination rights under this Agreement constitutes Developer's agreement that: (i)the Property will be conveyed to Developer"AS IS WITH ALL FAULTS", (ii)TCDA makes no warranties or representations as to the suitability of the Property for any particular use or for soil or environmental conditions or any other conditions of the Property for any improvements constructed by Developer or for any use, (iii)Developer has not relied on any representations or warranties outside the express terms of this Agreement,made by TCDA as to the environmental condition of the Property,the suitability of the soil conditions or any of the conditions of the Property and(iv) except as provided in Section 3.9.3 Developer expressly waives and releases TCDA, and TCDA will not be liable for any loss, cost or damage which may be caused or incurred by Developer by reason of any such soil, environmental or physical conditions of the Property. Further, TCDA has allowed Developer free access to TCDA's records with respect to the condition of the Property and has allowed Developer access to the Property for inspection and testing by Developer,to Developer's complete satisfaction. TCDA makes no representations or warranties whatsoever regarding the completeness, accuracy or reliability of such records. TCDA will assist in obtaining the cooperation of other public and private agencies having such information upon request by Developer. 3.9.2 Except as provided in Section 3.9.3, Developer for itself and any entity affiliated with Developer, its successors and assigns, waives and releases TCDA from and against any • Page 8—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution liability or claim related to the Property arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended(42 USC Section 9601 et seq.) ("CERCLA"),the Resource Conservation and Recovery Act of 1976 (42 USC Section 6901 et seq.) ("RCRA"),the Clean Water Act(33 USC Section 1251, et seq.), the Clean Water Act(33 USC § 1251, et seq.),the Clean Air Act(42 USC 7401 et seq.),the Safe Drinking Water Act(42 USC § 300f, et seq.),the Hazardous Materials Transportation Act(49 USC Section 1801, et seq.) and the Toxic Substances Control Act(15 USC § 2601, et seq.)or any other federal, state, local or administrative agency ordinance, law,rule, regulation, order or requirement relating to environmental conditions or hazardous material (the"Environmental Laws"). For the purposes hereof, "Hazardous Material"will mean any substance,chemical,waste or other material which is listed, defined or otherwise identified as"hazardous"or"toxic"under any federal, state, local or administrative agency ordinance or law, including,without limitation, CERCLA and RCRA or any regulation,order,rule or requirement adopted thereunder, as well as any formaldehyde, urea, polychlorinated biphenyls,petroleum, petroleum product or by-product, crude oil, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel or mixture thereof, radon, asbestos, and "source", "special nuclear"and"by-product"material as defined in the Atomic Energy Act of 1985, 42 USC §§ 3011, et seq. (the "Environmental Laws") 3.9.3 TCDA will reimburse 50%of Developer's actual cost of remediating Unforeseen Environmental Conditions on the Property, not to exceed$100,000. An"Unforeseen Environmental Condition" is one that was not caused directly or indirectly by the negligence of the Developer and is required to achieve minimum compliance with the Environmental Laws. It does not include: the cost of Developer's normal and customary due diligence activities including testing and evaluation of the Property; the cost of compliance with, remediation or institutional controls contemplated in the Consent Judgment,Certificate of Completion or EES; remediation or amenities in excess of that required to obtain minimum compliance with Environmental Laws; site conditions other than environmental; Developer's internal costs, outside counsel fees, penalties assessed against Developer by DEQ or other environmental regulatory agency,costs of delay including loan or lost profit. Developer will notify TCDA immediately upon discovery of an Unforeseen Environmental Condition and TCDA will not be responsible for any costs incurred by Developer prior to such notice except for an exigent circumstance requiring immediate response. The Parties promptly will meet to evaluate the Unforeseen Condition and agree on a cost-effective response and remediation. Developer will share with TCDA all information obtained by Developer regarding the Unforeseen Environmental Condition and remediation options and hereby grants to TCDA a license to enter onto the Property as reasonably necessary to evaluate the Unforeseen Environmental Condition and remediation. Developer is solely responsible for obtaining and complying with all required approvals and permits and for conducting the remediation at its sole expense except for TCDA's contribution. TCDA's contribution is secondary to environmental insurance proceeds obtained by Developer but applies to the amount paid by Developer within any deductible. Any amounts recovered by Developer from third-parties, including its consultants or contractors,will be applied to TCDA's contribution on a 50%basis. TCDA will provide staff assistance to help evaluate the Unforeseen Condition and remediation alternatives,to assist developer in identifying alternative sources of funding(other than TCDA or the City of Tigard) and in securing permits and approvals. TCDA may provide its reimbursement in the form of cash, a credit against the remaining purchase price or a combination. If TCDA and Developer are unable to resolve a dispute regarding remediation or reimbursement the issues will be submitted to Dispute Resolution. The Parties recognize that Page 9—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution any such dispute must be resolved expeditiously.3.9.4 The provisions of this Section will survive indefmitely Closing or termination of this Agreement, except that TCDA's obligation under Section 3.9.3 terminates upon Substantial Completion of the Project for claims not made by Developer prior to Substantial Completion. SECTION 4. POST-CLOSING OBLIGATIONS 4.1 Development. Except as otherwise provided for in this Agreement, Developer will, at its own cost, design, construct and complete the Project without additional public funding participation, except for tax abatement programs generally available to similar projects within Downtown Tigard. Developer will comply with the EES in accordance with the Certificate of Completion. Developer will use commercially reasonable efforts to begin and to complete development of the Project as set forth in the Project Plan, Project Schedule and Construction Schedule, subject to the terms of this Agreement. TCDA is not the developer of the Project. This Agreement is not intended to be a contract providing for construction by TCDA either directly or through a contractor. Developer is solely responsible for selecting a construction contractor and the rights and responsibilities of Developer,the general construction contractor and any construction subcontractors will be provided for in a construction contract to which TCDA is not a party. 4.2 Compliance with Approvals. All development will conform in all material respects to the Project Plan approved by TCDA (subject to such modifications as are approved by TCDA pursuant to the provisions of this Agreement), City development approvals and all applicable laws. If TCDA and Developer are unable to resolve a dispute regarding whether construction complies in all material respects with the approval by TCDA, including the quality of construction and materials, it will be submitted to Dispute Resolution. The Parties recognize that any such dispute must be resolved expeditiously. 4.3 Resources. Each Party will commit resources as it determines in its business judgment is commercially reasonable to meet the deadlines in the Project Schedule set forth in Section 6, as amended. 4.4 Liens. From and after the date Developer acquires title to the Property until the date the construction of the Project is substantially completed (the "Construction Period"), Developer will keep the property free clear of liens and encumbrances other than those related to fmancing and construction of the Project as determined in Developer's reasonable exercise of commercial judgment. In no event will Developer use the Property during the Construction Period as collateral for, or cause or permit it to be encumbered by, any obligation or potential obligation of Developer unrelated to the Project and Developer will promptly inform TCDA if any such lien or encumbrance is placed on the Property. Page 10—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution 4.5 Survival. The provisions of this Section 4 will survive Closing. SECTION 5. PROPERTY INSPECTION AND ACCESS 5.1 Before Conveyance of Property. Before conveying the Property to Developer, TCDA will allow Developer to enter upon the Property, at all reasonable times whenever and to the extent necessary to conduct reasonable inspections and testing and to carry out the purposes of this Agreement. Developer will save, hold harmless and indemnify City, its officer's employees and agents against any claims arising from such access except to the extent such claims arise out of the negligence, gross negligence or willful misconduct of City;provided, further, that in no event will Developer be required to indemnify TCDA for such claims with respect to any conditions existing on, under or within the Property that existed prior to the Closing of the purchase of the Property by Developer. 5.2 After Conveyance of Property. After conveying the Property and until a temporary or final Certificate of Occupancy is issued, TCDA will,upon reasonable notice,be permitted access to evaluate conformance with the terms of this Agreement. TCDA agrees not to interfere with the work occurring on the Property. TCDA employees will enter the Property at their own risk and will comply with all construction site rules established by Developer and Developer's contractor. In addition, TCDA will not be entitled to indemnification for any losses, liability or injury arising in connection with entry to the Property pursuant to this Section, except to the extent the same arises out of the negligence, gross negligence or willful misconduct of Developer or its contractor. This provision will survive Closing. SECTION 6. PROJECT AND CONSTRUCTION SCHEDULES 6.1 Project Schedule. Within 30 days of execution of this Agreement,the Parties will agree to a schedule of pre-construction activities attached, which agreed on schedule will be incorporated into this Agreement by reference.Each Party will employ diligent, good faith efforts to meet the milestone dates set forth therein and to keep the other Party informed of progress toward completion of milestones. 6.2 Construction Schedule. 6.2.1 At least sixty(60) days prior to the date for commencing construction set forth in the Project Schedule, Developer shall a provide a construction schedule (the"Construction Schedule")to TCDA that conforms to the Project Schedule and deadlines established in this Agreement. TCDA may provide comments on the construction Schedule,which Developer will consider in good faith. 6.2.2 Developer will commence construction on or before the date set forth in the Project Schedule but no later than twelve(12)months after Closing. For purposes of this section, "Commence Construction Date"means the date that Developer has entered into a binding Page 11—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution contract providing for construction of the Project to start,the contractor has mobilized equipment and labor on the Property or at an appropriate staging area and has commenced significant physical alteration of the Property such as excavation or grading. 6.3 Substantial Completion. Subject to force majeure events or the discovery of previously unknown environmental conditions related to conditions or contamination existing on the Property prior to the Closing or conveyance of the Property to Developer,Developer will achieve Substantial Completion of the Project on or before the date specified in the Construction Schedule but no later than two (2) years after Closing. For purposes of this section, "Substantial Completion"will mean that the Project is sufficiently complete that the Developer obtains a temporary certificate of occupancy or certificate of occupancy,whichever first occurs. 6.4 Schedule Changes. Each Party shall provide the other with prompt notice if the Party determines that completion of a milestone may be delayed beyond the date set forth in the Project Schedule, including a request to modify the Project or Construction Schedule, which request will not unreasonably be refused. Developer may request from TCDA an extension of dates specified in the Project or Construction Schedule,which will not be unreasonably withheld. The dates specified in the Project or Construction Schedule are subject to and will be extended as provided in Section 12.26, Force Majeure, or environmental conditions as provided in this Agreement. 6.5 Survival. This Section 6 will survive Closing. SECTION 7. REPRESENTATIONS AND WARRANTIES 7.1 TCDA Representations. TCDA's representations and warranties under this Agreement are limited to the following, each of which will be deemed made as of the Effective Date,will be deemed remade and effective as of Closing and will survive Closing. TCDA represents and warrants to Developer that: (a) To TCDA's knowledge, except as has been disclosed to Developer in the Environmental Reports delivered by TCDA to Developer as identified below,there has been no generation,manufacture, refinement, transportation, treatment, storage, handling, disposal, transfer, release or production of Hazardous Substances on the Property, or underground storage tanks existing on the Property, except in compliance with Environmental Laws currently in effect, and TCDA has not received any additional notice of the Release of any Hazardous Substances on the Property, other than what is listed in the Environmental Reports. TCDA makes no representation that the Environmental Reports comprise the complete file regarding the Property at the DEQ or any other governmental agency. The Environmental Reports delivered by TCDA to Developer prior to execution are: (i) 10/19/12: Phase I ESA; Page 12—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution (ii) 11/26/12: Phase II Subsurface Investigation (iii) 5/30/13: Phase II Additional Subsurface Investigation (iv) 9/26/14: Site Characterization Report (v) 5/28/15: Consent Judgment (vi) 11/17/15: Phase I(conducted prior to purchase of property) (vii) 2/1/17: Analysis of Brownfield Cleanup Alternatives Report (viii) 3/17/17: Remedial Action Plan (ix) 1/5/18 AMEC completion report (x) 3/17/17 Contaminated Media Management Plan TCDA represents that the Environmental Reports are as received by TCDA. TCDA makes no further representation or warranty regarding the Environmental Reports, including but not limited to their accuracy, completeness or suitability for use. Receipt of the Environmental Reports listed in this subparagraph(a)is acknowledged by Developer. (b) TCDA has full power and authority to enter into and perform this Agreement in accordance with its terms, and all requisite action has been taken by TCDA to authorize the execution of this Agreement and the transactions contemplated hereby. (c) TCDA is not a"foreign person"within the meaning of Section 1445(f) (3) of the Internal Revenue Code of 1986, as amended. (d) To TCDA's knowledge,there is no litigation, action, suit,or any condemnation, environmental, zoning, or other government proceeding pending or threatened, except DEQ's ongoing investigation and remediation of the adjacent Drycleaner 1 and Drycleaner 2 Sites, which may affect the Property, TCDA's ability to perform its obligations under this Agreement, or Developer's ability to develop the Project. (e) To TCDA's knowledge and except as disclosed in writing to Developer,the Property is in compliance with all applicable laws, rules, regulations, ordinances and other governmental requirements. (f) To TCDA's knowledge, and except as disclosed in the Environmental Documents, TCDA has not received or given any notice stating that the Property is in violation of any applicable laws,rules,regulations, ordinances or other governmental requirements. (g) To TCDA's knowledge, no representation, warranty or statement of TCDA in this Agreement or any of the exhibits attached hereto contains any untrue statement of a material fact or omits a material fact necessary to make the representation,warranty or statement not misleading. (h) As of the Effective Date, TCDA is not in breach of this Agreement and no event has occurred that,with the passage of time or the giving of notice or both,would constitute a breach of TCDA under this Agreement. (i) TCDA is the legal and beneficial fee simple titleholder to the Property and,to TCDA's knowledge,the Property is free and clear of all liens, encumbrances, claims,covenants, Page 13—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution conditions, restrictions, easements, rights of way, options,judgments or other matters,except as disclosed by the Title Report and subject to the EES. (j) There are no current leases or services contracts affecting the Property and at the time the Property is conveyed to Developer,the Property will be free and clear of any leases or services contracts. (k) TCDA has not entered into any legally binding purchase and sale agreement (whether contingent or not)for the Property. (1) TCDA will within ten(10)days provide notice to Developer if TCDA obtains actual knowledge of a fact or circumstance that would render a material representation or warranty inaccurate in any material respect. For purposes of this Section 7.1, "TCDA's s knowledge"means the actual knowledge of a management employee of TCDA currently engaged in and responsible for acquisition, management or disposition of the Property for the TCDA. 7.2 Developer Representations. 7.2.1 Developer's representations and warranties under this Agreement are limited to the following, each of which will be deemed made as of the Effective Date, will be deemed remade and effective as of Closing and will survive Closing: Developer represents and warrants to TCDA that: (a) Developer has full power and authority to enter into and perform this Agreement in accordance with its terms and all requisite company action has been taken by Developer to authorize the execution of this Agreement and the transactions contemplated hereby. To Developer's knowledge, execution and delivery of this Agreement and the performance of its obligations hereunder do not require the consent of any third party that has not been obtained. (b) To Developer's knowledge, no representation,warranty or statement of Developer in this Agreement,the exhibits or the financial information provided pursuant to Section 3.6 contain any untrue statement of a material fact or omits a material fact necessary to make the representation,warranty or statement not misleading. (c) To Developer's knowledge,Developer is not in breach of this Agreement and no event has occurred that, with the passage of time or the giving of notice or both,would constitute a breach of Developer under this Agreement. (d) Developer enters into this Agreement without reliance on any oral or written representations by TCDA, its employees, agents or consultants, regarding any aspect of the Property,the Project or its feasibility or financing, or compliance with any governmental regulation except as expressly stated in this Agreement or documents referenced herein. (e) Developer is not(and is not engaged in this transaction with or on behalf of) a person or entity that TCDA is prohibited from doing business with pursuant to anti- Page 14—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution terrorism laws and regulations including but not limited to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (Patriot Act),the Bank Secrecy Act,the Trading with the Enemy Act, the International Emergency Economic Powers Act, sanctions and regulations promulgated pursuant thereto by the Office of Foreign Assets Control as well as laws related to the prevention and detection of money laundering. (f) Developer will within ten(10)days provide notice to TCDA if Developer obtains actual knowledge of a fact or circumstance that would render a material representation or warranty inaccurate in any material respect. (g) For purposes of this section, "Developer's knowledge"means the actual knowledge of any of the principals or senior management of Developer without duty of inquiry or investigation and excluding imputed knowledge. SECTION 8. TERM AND TERMINATION 8.1 Effective Date. This Agreement is effective when all Parties have executed the Agreement,the "Effective Date". The execution will be subject to entity authorization, which in TCDA's case includes TCDA Board approval. 8.2 Termination. This Agreement will terminate on the earlier of: 8.2.1 Developer provides notice of termination pursuant to Section 3.4. 8.2.2 Either Party provides notice to the other that a Condition Precedent to Closing has not been fulfilled at Closing and the time to cure has elapsed as provided in Section 3.7. 8.2.3 By either Party on 10 days' written notice if Closing has not occurred within 15 days after the Closing Date,or any extension. 8.2.4 At any time upon mutual written agreement of the Parties. 8.2.5 Either Party terminates for breach as provided in Section 9. Termination shall not foreclose any action or remedy for breach except as expressly provided in this Agreement. Page 15—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution / SECTION 9. BREACH AND CURE 9.1 Breach by Developer. 9.1.1. Any breach of the provisions of this Agreement by Developer, including the Project or Construction Schedule and that is not remedied within sixty(60) days after TCDA has given notice to Developer specifying the breach,provided, however, that if the TCDA determines that it is more likely than not that the breach was not willful and cannot with due diligence be cured within a period of sixty(60) days,Developer will have a reasonable period of time to cure such breach. In making its determination,TCDA will act reasonably and in good faith, and will consider the nature of the breach,whether Developer has proposed a reasonable course of action, is or will diligently effect such cure and whether the cure may be accomplished within a reasonable period. TCDA may require that Developer periodically provide TCDA with a written assessment of the cure describing: the curative actions taken since the last written report, the estimated date by which the cure will be completed,the remaining impediments to completing the cure, and the planned curative acts for the next month. 9.1.2 Any assignment by Developer for the benefit of creditors,the filing of a petition in bankruptcy by or against Developer that is not removed within thirty(30)days, or the appointment of a receiver,trustee or creditor's committee over Developer shall be a breach of this Agreement. There will be no cure for a breach under this Section 9.1.2. 9.2 Breach by TCDA. Any breach of the provisions of this Agreement, including, without limitation, whether by action or inaction, and such breach continues and is not remedied within sixty(60)days after Developer has given TCDA notice specifying the breach; provided,however, that if Developer determines that it is more likely than not that the breach was not willful and cannot with due diligence be cured within a period of sixty(60)days,TCDA will have a reasonable period of time to cure such breach. In making its determination,Developer will act reasonably and in good faith, and will consider the nature of the breach, whether TCDA has proposed a reasonable course of action is or will diligently proceed to effect such cure and whether the cure may be accomplished within a reasonable period. Developer may require that TCDA periodically provide Developer with a written assessment of the cure every month describing: the curative actions taken since the last written report,the estimated date by which the cure will be completed,the remaining impediments to completing the cure, and the planned curative acts for the next month. 9.3 Survival. The provisions of this Section shall survive Closing as to any post-Closing obligations. SECTION 10. REMEDIES 10.1 Pre-closing. Page 16—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution If Developer breaches prior to Closing such that the consummation of the transaction herein contemplated does not occur as herein provided by reason of any breach of Developer, and Developer fails to complete the purchase of the Property,TCDA may terminate this Agreement by written notice to Developer. Developer and TCDA agree that it would be impractical and extremely difficult to estimate the damages suffered by TCDA as a result of Developer's failure to complete the purchase of the Property pursuant to this Agreement, and that under the circumstances existing as of the date of this Agreement, the liquidated damages provided for in this Section 10 represent a reasonable estimate of the damages which TCDA will incur as a result of such failure. THEREFORE, DEVELOPER AND TCDA HEREBY AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL DAMAGES THAT TCDA WOULD SUFFER IN THE EVENT THAT DEVELOPER BREACHES AND FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY IS $20,000,AGAINST WHICH THE EARNEST MONEY WILL BE CREDITED. SUCH AMOUNT WILL BE THE FULL,AGREED AND LIQUIDATED DAMAGES FOR THE BREACH OF THIS AGREEMENT BY DEVELOPER,AND AFTER PAYMENT THEREOF TO TCDA,NEITHER PARTY WILL HAVE ANY FURTHER OBLIGATION TO OR RIGHTS AGAINST THE OTHER. If TCDA breaches under this Agreement prior to Closing, Developer will be entitled in addition to all other remedies available at law or in equity, (a)to seek specific performance of TCDA's obligation to Close under this Agreement; or(b)to terminate this Agreement. Upon termination for breach by TCDA, Escrow Agent will return to Developer the entire Earnest Money. All documents will be immediately returned to the Party who deposited them, and neither Party will have any further rights or obligations under this Agreement, except as otherwise provided in this Agreement. 10.2 Post-Closing Remedies of TCDA for Developer Breach Other Than For Failure to Timely Commence or Complete Construction. If Developer breaches under this Agreement after Closing(other than timely commencement or completing construction of the Project), TCDA may seek specific performance or other remedy provided by law. This Section 10.2 shall survive Closing as to any post-Closing obligations and shall terminate on Substantial Completion. 10.3 Post-Closing Repurchase Right of TCDA for Developer Failure to Timely Commence or Complete Construction. Subject to force majeure and environmental delays as provided in this Agreement, if Developer fails to commence construction within one(1)year of the Closing Date, subject to any extension, or fails to substantially complete the Project by the date that is two(2) years after Closing,TCDA will have the right to repurchase the Property by written notice exercising such repurchase right no later than sixty(60)days after the date such repurchase right accrues(and if not timely exercised, such repurchase right will automatically be deemed waived) on the following terms and conditions: Page 17—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution (a) Payment to Developer of 75%of the purchase price and 75% of the of the total amount of all hard costs of construction plus soft costs, including design,permitting and other directly related costs as of the date of re-conveyance except attorney fees; (b) Reduced by: the amount of any assessments, liens or other charges against the property that Developer has not paid as of the date of re-conveyance,payment or assumption of any mortgage including any payment or assumption costs; the cost of an ALTA title insurance policy in the amount of the purchase price insuring TCDA as owner and any other closing costs. (c) If there are unasserted, contingent or disputed claims that TCDA reasonably determines may result in liens against the property or otherwise reduce the value thereof; TCDA may deposit a reasonable estimate of such claims into escrow to be released to Developer only upon resolution of such claims. (d) Upon receipt of notice that TCDA has elected to repurchase, Developer will promptly provide TCDA with accurate,current statements itemizing all costs and amounts owed and claims asserted or likely as described above. After review of the statements, TCDA may rescind the purchase or elect to proceed by providing written notice to Developer. (e) Upon receipt of notice that TCDA will proceed with the purchase, Developer will thereafter take all action, including the payment of all debts and the execution of all documents necessary to re-convey marketable title to the Property to TCDA, free and clear of all liens and encumbrances other than the lien of any mortgages and the Final Permitted Exceptions. In addition, TCDA may accept other title exceptions or obligations that are the result of Developer's pursuit of the development of the Project,Developer will re-convey the Property by statutory warranty deed to TCDA in escrow through the offices of the Escrow Agent. (f) At closing of the re-conveyance,Developer will provide TCDA with a copy of and the right,without any representation and warranty,to use any work product produced by any third parties for Developer to the extent Developer has obtained an appropriate reliance letter, including copies of all Property market research, design documents, engineering documents, and which Developer is authorized to release; and design and construction contracts which TCDA may use in any manner that it deems appropriate with respect solely to the Property with the consent of any Party having approval rights thereunder. (g) In lieu of exercising its right to repurchase,TCDA may exercise any remedy available by law as regards a post-Closing breach by Developer. (h) This Section 10.3 will survive Closing as to any post-Closing remedies and shall terminate on Substantial Completion. SECTION 11. DISPUTE RESOLUTION With respect to any provision of this Agreement where Dispute Resolution is referenced as a means to resolve disagreements among the Parties, the provisions of this Section will apply. When a disagreement exists,the Parties will first use good faith efforts to resolve such disagreement. If such disagreement is not resolved within fifteen(15)days after written notice seeking a meeting to resolve such disagreement in good faith,then any Party whose agreement, Page 18—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution consent or approval is required may initiate this dispute resolution process by written notice to the other Party whose agreement, consent or approval is required. The Parties will select a person (a"Dispute Resolver"). The Dispute Resolver will set the timing, procedures and rules for resolving the dispute. The Dispute Resolver will be independent of the Parties and will not have had a business relationship with any Party within the last five(5)years. The Dispute Resolver will be a person who(a)is a resident of the Portland metropolitan area, and(b)has substantial experience in resolving complex business issues in a public or private context. If after ten(10) days the Parties cannot agree on the person who will be the Dispute Resolver,then the Parties will meet, and each will submit two (2)qualified candidates' names,the resulting names will be placed in a vessel, and the first name drawn will be the Dispute Resolver. The Dispute Resolver's fees will be paid equally by the Parties. SECTION 12. MISCELLANEOUS PROVISIONS 12.1 Good Faith and Fair Dealing. The Parties will have imputed to all their duties, obligations, and acts performed under this Agreement a standard of conduct of good faith and fair dealing. 12.2 Inspection of Records; Confidentiality. 12.2.1 Each Party agrees that, upon the reasonable prior notice from the other Party, it will make available to the requesting Party its records, reports and information pertaining to the Project for review,but not copying(unless agreed upon by the non-requesting Party),to inform the requesting Party and to enable the requesting Party to determine the other Party's compliance with the terms of this Agreement. Nothing herein requires disclosure of any information protected by the attorney-client or other privilege. 12.2.2 Each Party agrees to keep as confidential any document or information marked by the other Party as confidential, including the reason the document is considered confidential. This will not preclude a Party from sharing such information with any partner, lender, consultant, employee or agent when reasonably necessary in the normal course of carrying out the obligations of the Party under this Agreement. If TCDA is served with a request to produce information marked confidential by Developer or deemed so by TCDA, TCDA will inform Developer and provide Developer at least five(5) days to contest disclosure prior to disclosure. However,the parties acknowledge that, as a public entity, TCDA must and will comply with ORS 192.311, et. seq. 12.3 Discrimination. Developer agrees that in performing its obligations under this Agreement, it will not discriminate against any employee or applicant for employment because of race, color,religion, age, gender, sexual orientation or national origin. 12.4 Governing Law;Venue; Jurisdiction. This Agreement will be governed and construed according to the laws of the State of Oregon, without regard to its choice of law provisions. Any action or suit to enforce or construe any Page 19—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution provision of this Agreement by either Party will be brought in the Circuit Court of the State of Oregon for Washington County. 12.5 Third Parties. TCDA and Developer are the only Parties to this Agreement and are the only Parties entitled to enforce its terms. There are no third-party beneficiaries of this Agreement, except for Developer's affiliate, Ava Roasteria, Co., an Oregon corporation, which operates Ava Roasteria coffee shops. 12.6 Notices. All notices given under this Agreement will be in writing and may be delivered by electronic mail,personal delivery, by overnight courier service, or by deposit in the United States Mail, postage prepaid, as certified mail,return receipt requested, and addressed as follows: TCDA: City Center Development Agency City of Tigard 13125 SW Hall Blvd. Tigard, OR 972232 Attn: Marty Wine, Exec. Director Email: martyAtigard-or.gov With a copy to: City Attorney City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Attn: Shelby Rihala Email: shelbyr@tigard-or.gov Developer: Ava Tigard Development, LLC 4740 SW Hall Blvd. Beaverton, OR 97005 Attn: Amy Saberiyan Email: amy.saberiyan( neekeng.com With a copy to: Ater Wynne LLP 1331 NW Lovejoy Street, Suite 900 Portland, OR 97209 Attn: Ernest G. Bootsma Email: egb@aterwynne.com Notices will be deemed received by the addressee upon the earlier of actual delivery or refusal of a Party to accept delivery thereof. The addresses to which notices are to be delivered may be changed by giving notice of such change in address in accordance with this notice provision. Page 20—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution 12.7 Time is of the Essence. Time is of the essence in the performance of and adherence to each and every provision of this Agreement. 12.8 No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby will be deemed or construed by the Parties,or by any third person,to create the relationship of principal and agent, or of partnership, or of joint venture, or any association between TCDA and Developer. 12.9 Non-waiver. Waiver by any Party of strict performance of any provision of this Agreement will not be deemed a waiver of or prejudice a Party's right to require strict performance of the same or any other provision in the future. A claimed waiver must be in writing and signed by the Party granting a waiver. A waiver of one provision of this Agreement will be a waiver of only that provision. A waiver of a provision in one instance will be a waiver only for that instance,unless the waiver explicitly waives that provision for all instances. 12.10 Non-waiver of Government Rights. Subject to the terms and conditions of this Agreement,by making this Agreement,TCDA is specifically not obligating itself,the City of Tigard, or any other agency with respect to any police power or regulatory actions relating to development or operation of the Project and other improvements to be constructed in the Project, including, but not limited to, rezoning, variances, environmental clearances or any other governmental approvals which are or may be required; provided,however,that execution of this Agreement constitutes TCDA's acceptance of a mixed use for the Property, which acceptance shall not be reconsidered or altered during the term of this Agreement except as provided in this Agreement including but not limited to TCDA Board approval and land use approval as provided in Sections 3.6.1 and 3.6.2. 12.11 Survival. Any covenant or condition set forth in this Agreement, the full performance of which is not specifically required prior to the expiration or earlier termination but which by its terms is to survive the termination of this Agreement,will survive the expiration or earlier termination of this Agreement and will remain fully enforceable thereafter. 12.12 Partial Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable,will not be affected thereby, and each provision of this Page 21 —Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution Agreement will be valid and enforceable to the fullest extent permitted by law. If a material provision of this Agreement is held invalid or unenforceable such that a Party does not receive the benefit of its bargain, then the Parties will renegotiate in good faith terms and provisions that will effectuate the spirit and intent of the Parties' agreement herein. 12.13 Calculation of Time. Unless referred to as Business Days, all periods of time will include Saturdays, Sundays, and Legal Holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday,then the period will be extended to include the next day which is not a Saturday, Sunday, or Legal Holiday. "Business Days"will mean Monday through Friday, and "Legal Holiday" will mean any holiday observed by the State of Oregon. 12.14 Headings, Table of Contents. The Section headings and Table of Contents are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 12.15 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original, and such counterpart will constitute one and the same instrument. 12.16 Legal Purpose. TCDA and Developer each agree that it will use its interest in the Project solely for lawful purposes. 12.17 Amendments. This Agreement may be modified only by a writing signed by the Parties. 12.18 Approvals. 12.18.1 Where this Agreement requires the approval(s)of TCDA, TCDA will approve or disapprove within fourteen(14)days after receipt of the material to be approved, except where a longer or shorter period is specifically provided in this Agreement, and except where the approval requires action by the TCDA Board, and in that case, the approval period will be forty- five(45)days. Failure by TCDA to approve or disapprove within the applicable period will be deemed approval. Any disapproval will state in writing the reasons for such disapproval. Staff approvals will not be unreasonably withheld or conditioned, except where rights of approval are expressly reserved to TCDA's sole discretion in this Agreement. 12.18.2 Where this Agreement requires the consent or approval of Developer, Developer will approve or disapprove within fourteen(14) days after receipt of the material to be approved, except when a longer period is specifically provided in this Agreement. Failure by Developer to approve or disapprove within such period will be deemed approval. Any disapproval will state the reasons for such disapproval. Approvals will not be unreasonably Page 22—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution withheld or conditioned, except where rights of approval are expressly reserved to Developer's sole discretion. 12.19 Attorneys' Fees. If a suit,action, or other proceeding of any nature whatsoever(including any proceeding under the U.S. Bankruptcy Code) is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights or obligations hereunder, the prevailing Party will be entitled to recover its attorney,paralegal, accountant, and other expert fees and all other fees, costs, and expenses actually incurred and reasonably necessary, as determined by the court at trial or on any appeal or review,in addition to all other amounts provided by law. 12.20 Entire Agreement. This Agreement constitutes the entire agreement between the Parties as to the subject matter covered by this Agreement. 12.21 Interpretation of Agreement; Status of Parties. This Agreement is the result of arm's-length negotiations between the Parties and will not be construed against any Party by reason of its preparation of this Agreement. Nothing contained in this Agreement will be construed as creating the relationship of principal and agent,partners, joint venturers, or any other similar relationship between the Parties. 12.22 Future Assurances. Each of the Parties will promptly execute and deliver such additional documents and will do such acts that are reasonably necessary, in connection with the performance of their respective obligations under this Agreement according to the Project Schedule to carry out the intent of this Agreement. 12.23 Mutual Representations. The Parties each warrant and represent to the other that this Agreement constitutes a legal, valid, and binding obligation of that Party. Without limiting the generality of the foregoing, each Party represents that its governing authority and, in the case of TCDA, its Board, has authorized the execution, delivery, and performance of this Agreement by it. The individuals executing this Agreement warrant that they have full authority to execute this Agreement on behalf of the entity for whom they purport to be acting. Each Party represents to the other that neither the execution and delivery of the Agreement, nor the consummation of the transactions contemplated hereby will: violate any constitution, statute,regulation,rule, injunction,judgment, order, decree,ruling, charge, or other restriction of any government,government agency, or court to which it is subject or any provision of its charter or bylaws; or conflict with,result in a breach of, or constitute a breach under any other agreement to which it is a party or by which it is bound.No Party needs to give any notice to,make any filing with, or obtain the consent of any other entity or person to consummate the transaction contemplated by this Agreement. Page 23—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution 12.24 Exhibits. The following Exhibits attached to this Agreement are an integral part of this Agreement and are fully incorporated into this Agreement where they are referenced in the text of this Agreement: Exhibit A—Description of Property Exhibit B —Concept Plan 12.25 Assignment. TCDA has entered into this Agreement based on the reputation and qualifications of Developer. Developer will not assign or otherwise transfer any interest in this Agreement without the prior written approval of TCDA which approval shall not be unreasonably withheld provided the transferee has comparable capabilities and financial resources. For purposes of this Agreement, the terms "assignment or transfer"will not include any mortgage or other normal and customary financing obtained by Developer nor will it include assignment to a partnership,joint venture or similar entity of which Developer is a member provided that such assignment will not be a novation or in any way excuse or diminish Developer's obligations and responsibilities to TCDA provided for herein. This Agreement will bind each Party's respective successors and assigns. 12.26 Force Majeure. Neither Party will have liability to the other on account of the following acts(each of which is an "Excused Delay" and jointly all of which are "Excused Delays")"which will include: (a)the inability to fulfill, or delay in fulfilling, any obligations under this Lease by reason of strike, lockout, other labor trouble, dispute or disturbance; (b) governmental regulation, moratorium, action,preemption or priorities or other controls; (c) shortages of fuel, supplies or labor; (d) or the discovery of previously unknown environmental conditions related to conditions or contamination existing on the property prior to conveyance of the property to Developer; or(e) for any other reason,whether similar or dissimilar to the above, or for act of God beyond a Party's reasonable control. If this Agreement specifies a period for performance of an obligation of a Party(including,without limitation,the Project Schedule),that period will be extended by the period of any delay in the Party's performance caused by any of the events of Excused Delay described herein. 12.27 Statutory Disclaimer. "THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, Page 24—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8,OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010." IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first set forth above. TCDA: TCDA OF TIGARD By: Printed Name: Its: Date: Approved as to form: TCDA Attorney By: Printed Name: Its: Developer: AVA TIGARD DEVELOPMENT,LLC, an Oregon limited liability company By: Printed Name: Its: Date: Page 25—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution EXHIBIT A Description of Property Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: BEGINNING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE JOHN HICKLIN DONATION LAND CLAIM NO. 37 IN TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON.AND RUNNING THENCE SOUTH 45°00' WEST ON LINE BETWEEN THE SAID JOHN HICKLIN DONATION LAND CLAIM AND THE GEORGE RICHARDSON DONATION LAND CLAIM,A DISTANCE OF 1807.1 FEET TO A POINT; THENCE SOUTH 45°00' EAST ALONG THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO EMIL A. AND OLIVIA T.JOHNSON BY DEED AS RECORDED IN BOOK 118 PAGE 0069, WASHINGTON COUNTY, DEED RECORDS A DISTANCE OF 131.0 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE DESCRIBED POINT OF BEGINNING SOUTH 45°00' EAST ALONG THE EASTERLY LINE OF SAID JOHNSON TRACT A DISTANCE OF 93.0 FEET TO A POINT ON THE NORTHERLY LINE OF THE PACIFIC HIGHWAY; THENCE FOLLOWING SAID NORTHERLY LINE OF THE PACIFIC HIGHWAY ON A 5730.0 FOOT RADIUS CURVE TO THE RIGHT(THE LONG CHORD OF WHICH BEARS SOUTH 57°31'WEST 23.5 FEET) 23.5 FEET TO A POINT MARKED BY AN IRON HIGHWAY RIGHT OF WAY MARKER; THENCE SOUTH 57°38'WEST ALONG SAID RIGHT OF WAY LINE 145.0 FEET TO A POINT IN THE CENTER OF FANNO CREEK; THENCE NORTH 36°30' WEST IN THE CENTER OF FANNO CREEK A DISTANCE OF 78.6 FEET TO A POINT; THENCE NORTH 55°52'WEST IN THE CENTER OF FANNO CREEK A DISTANCE OF 6.1 FEET TO A POINT; THENCE NORTH 55°09' EAST ALONG THE HIGHWAY RIGHT OF WAY LINE A DISTANCE OF 156.4 FEET TO THE POINT OF BEGINNING. PARCEL 11: BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE JOHN HICKLIN DONATION LAND CLAIM IN TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN, WASHINGTON COUNTY,OREGON. AND RUNNING THENCE SOUTH 45°18'WEST ALONG THE DONATION LAND CLAIM LINE 1814.5 FEET TO THE MOST WESTERLY CORNER OF LOT 15 OF ELECTRIC ADDITION TO TIGARDVILLE ( PLAT BOOK 2, PAGE 0042),A DULY RECORDED SUBDIVISION IN WASHINGTON COUNTY, OREGON; THENCE SOUTH 44°47' EAST ON THE SOUTHWESTERLY LINE OF SAID LOT 15 AND THE NORTHEASTERLY LINE OF A TRACT OF LAND CONVEYED TO EMIL JOHNSON BY DEED AS RECORDED IN BOOK 118 PAGE 0069 OF WASHINGTON COUNTY DEED RECORDS, 131.0 FEET TO THE WESTERLY CORNER OF THE SOUTHEASTERLY 1/2 OF SAID LOT 15 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE DESCRIBED POINT OF BEGINNING SOUTH 44°47' EAST ON SAID SOUTHWESTERLY LINE OF LOT 15 A DISTANCE OF 96.0 FEET TO THE NORTHERLY LINE OF THE OLD TAYLORS FERRY ROAD; Page 26—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution THENCE NORTH 60°12' EAST ON SAID ROAD LINE 22.2 FEET TO AN IRON; THENCE NORTH 36°10' WEST 48.3 FEET TO AN IRON; THENCE NORTH 60°12' EAST 40.1 FEET TO AN IRON; THENCE NORTH 36°10'WEST 65.0 FEET TO AN IRON ON THE EASTERLY BOUNDARY OF THE STATE HIGHWAY; THENCE SOUTH 45°14'WEST ALONG SAID LINE, 77.24 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DEDICATED TO THE CITY OF TIGARD FOR ROAD AND STREET PURPOSES BY DEDICATION DEED RECORDED SEPTEMBER 13, 2012 AS RECORDING NO. 2012-076047. The above-description being subject to change to reflect the approved development footprint,the Fanno Creek riparian area and the property line adjustment as provided for in the Agreement. Page 27—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution EXHIBIT B Concept Plan(See Attached) Page 28—Development and Disposition Agreement—Ava Roasteria 4/29/18 Final Exhibit A to Resolution Page 29—Development and Disposition Agreement—Ava Roasteria Town Center Development Agency The City of Tigard's Urban Renewal Agency TCDA MEMORANDUM TO: Chair Cook and the Directors of the Town Center Development Agency Board FROM: Sean Farrelly, Redevelopment Project Manager RE: Main Street at Fanno Creek Properties Disposition and Development Agreement Executive Summary DATE: April 25,2018 This memo outlines the key provisions of the development and disposition agreement(DDA) for the sale and redevelopment of the Main Street at Fanno Creek properties. 1. Consideration.Ava Tigard Development LLC will pay the appraised fair market value for the site. The consideration also includes development of the site as provided in the agreement. Earnest money is $30,000, $15,000 of which is non-refundable except for breach by TCDA. (Section 3.2) 2. Project Description. The agreement commits the developer to build a mixed use,multi-family residential and retail development. The DDA describes the project in general terms to provide flexibility.As a condition precedent to closing,the City will have opportunities to review and approve design details: a.Developer will submit the Project Plan within 90 days of signing. (Section 3.6.1.a) b.TCDA staff reviews and public open house is held on the detailed plans. TCDA Board then reviews and approves plans or provides comment. If the parties are unable to agree,the design issue is submitted for dispute resolution. (Section 3.6.1.a) c.Land use approval. Developer must obtain any final land use approvals and permits for the Project required by the Code of the City of Tigard. (Section 3.6.1.b) 3. Contingencies.Additional contingencies beyond the standard ones (such as property inspection and clear title) include: a. Developer has received final construction plan approvals and building permits are ready to be issued. (Section 3.6.1.e) b.The TCDA has obtained a Property Line Adjustment on the property. (3.6.1.h) c.Developer has submitted a financial plan 6 months from the effective date and demonstrated financial feasibility of Project by submitting binding financing commitments and other documentation reasonably required by TCDA. (Section 3.6.3 c) d. Receipt of Certificate of Completion from DEQ. (Section 3.6.1.c) e. Receipt of an environmental insurance policy (payment of the premium for which will be a Developer obligation). (Section 3.6.2.h) f. Receipt of BOLI determination concluding that this is not a prevailing wage project. (Section 3.6.2.g) 4. Propery sold as is. Developer waives any claims relating to the condition of the property except may seek reimbursement from TCDA of 50% of its costs,not to exceed$100,000 for remediating"unforeseen environmental conditions" to meet mandatory environmental standards. Excluded from reimbursement are non-environmental unforeseen conditions,any expenses associated with complying with the DEQ approval, due diligence costs,Developer's internal costs,expenses not required for legal compliance and penalties. (Section 3.9) 5. Schedule: a. Closing within 12 months of DDA signing,although the parties agree to be reasonable in granting an extension if the other side is proceeding diligently. (Section 3.3) b. Developer to commence construction not less than 12 months from closing. (Section 6.2.2) c. Substantial completion 2 years from closing. (Section 6.3) d. Schedule changes must be approved by TCDA;approval shall not unreasonably be withheld. 6. Remedies: a. Pre-closing breach by Developer: payment of$20,000 liquidated damages to TCDA (credited against earnest money). (Section 10.1.) b.Pre-closing default by TCDA: return of earnest money or developer may sue for specific performance. (Section 10.1) c.Post-closing default by Developer. For most defaults,city has all remedies available by law. In addition,if Developer fails to commence construction within 1 year of the closing date,or fails to substantially complete within 2 years of commencement,city may repurchase the property and all improvements for 75% of the purchase price and 75% of the total amount of all hard costs of construction plus soft costs,including design,permitting and other directly related costs reduced by the amount of any assessments,liens or other charges against the property that Developer has not paid as of the date of re-conveyance. (Section 10.3) 7.Miscellaneous. a. The project description includes "a minimum of 1000 square feet of publically accessible outdoor seating facing Fanno Creek."The space's final design,cost allocation,and ownership/easement status will be a subject of negotiation with the developer and TCDA review and approval. b.TCDA must approve any assignment or transfer to a third party except normal financing. (Section 12.25) c.TCDA has reasonable access to site during construction to monitor conformance with design and construction specifications. (Section 5.2) .. j,,I ;-,,,:,, , +� .of 46 )„, 0,./.. .. . / ._ te „.. , . . . .. ,.... . , _. ..*. , . ....._ . .. .. ._„. ,.,,,,,, ,. 0, ,.. ,..t. ,"4*;_..-- ,., ,.,, ,,:. ' ' / ... ' ' ' I ! jr K ..-- . / IIIs At zp r • ts. \,` t r -,V ' "*..,...--..'-is.,.- > 1/4=. n ibx 111111, is y4a / - '--2''-,'1 # �: vimyy .� x A .•i a .zi e fx. 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