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City Council Packet - 02/11/2020111111 1 4 City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD &TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: February 11, 2020 - 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. Public Comment items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2419(voice) or 503-684-2772 (I'M -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htto://www.tigard-or.aov/citv hall/council meeting.oho 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. iI • Ciiv of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD &TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: February 11, 2020 - 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 1. STUDY SESSION A.COUNCIL LIAISON REPORTS 7:30 PM 2. BUSINESS MEETING A.Call to Order B.Roll Call C.Pledge of Allegiance D.Call to Council and Staff for Non-Agenda Items 3. PUBLIC COMMENT (Two Minutes or Less, Please) A.Follow-up to Previous Public Comment B.Tigard High School Student Envoy C.Update from Police Chief McAlpine D.Tigard Area Chamber of Commerce E.Public Comment—Sign Up Sheet 4. CONSENT AGENDA: (Local Contract Review Board) The Consent Agenda is used for routine items including council meeting calendars, appointments to boards and committees and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. Motion to: A.CONTRACT AWARD TO ECONORTHWEST FOR WASHINGTON SQUARE REGIONAL CENTER (WSRC) UPDATE PROJECT 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/Town Center Development Agency has voted on those items which do not need discussion. 5. TOWN CENTER DEVELOPMENT AGENCY- CONSIDER APPROVAL OF THE SECOND AMENDMENT TO THE DEVELOPMENT AND DISPOSITION AGREEMENT WITH AVA TIGARD DEVELOPMENT,LLC AUTHORIZING A 90-DAY EXTENSION 7:40 p.m. estimated time 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.28 REGARDING PARKING ENFORCEMENT 7:50 p.m. estimated time 7. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.30 REGARDING RESIDENTIAL PARKING PERMITS 8:00 p.m. estimated time 8. ADMINISTRATIVE REPORT 8:05 p.m. estimated time 9. NON AGENDA ITEMS EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 8:10 p.m. estimated time SUPPLEMENTAL PACKET FOR 2 t/-—/o.2 o DATE OF MEETING) Tigard High School Update-February 11,2019 Our girls ski team is undefeated and ranked first in the Metro League Sarah Gentry, a senior girl at Tigard, is ranked first individually and is having an undefeated season We have our winter play this week! They have shows on February 13th, 14th, and 15th at 7:30 pm and a matinee at 2:30 pm on February 15th Race to Raise is still going strong and they have already raised over$4,000! We are having a school wide Unity Day on March 12, 2020 and students are in full swing planning. The day will consist of a voices assembly, workshops, and debrief periods for students to learn about hate speech. We had many students attend a school dance on January 31st after our double header basketball games. We had a feminist panel after school today that featured Miss Oregon and a neonatal ICU nurse that works at Randall Children's Hospital SUPPLEMENTAL PACKET R a -(1-vaa Tigard PD Strategic Dashboa DATE OF MEETING)rol jcl, j.:/ . .._ For January 2020 4.# J ; s kt r '" 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) Crime Snapshot L_,t :ac=:; A Offenses Jan 2019 Jan 2020 %Chg 2019 YTD 2020 YTD %Chg Person Crime 45 42 0 -6.67% 45 42• -6.67% Assault 30 32 0 6.67% 30 32 0 6.67% Robbery 4 4 0 0.00% 4 4 0.00% Property Crime 179 162 0 -9.50% 179 162 , 9.50% Burglary-Residential 5 2 0 -60.00% 5 2 '60.00% Burglary-Business 5 10 0 100.00% 5 10 100.00% Burglary-Other 1 1 0 0.00% 1 1 ' 0.00% UUMV 8 3 0 -62.50% 8 3 -'62.50% Theft 108 96 0 -11.11% 108 96 ,11.11% Vandalism 31 22 0 -29.03% 31 22 29.03% Societal Crimes 76 56 0 -26.32% 76 56 26.32% DUII 13 11 ` 'r -15.38% 13 11 15.38% Drug Offense 11 9 -18.18% 11 9 „st -18.18% Disorderly Conduct 9 8 -11.11% 9 8 11.11% Arrests 98 106:;Qn, 8.16% 98 106 0.8.16% Felony 23 15 0 -34.78% 23 15 C -34.78% MISD 44 44 0 0.00% 44 44 0 0.00% Warrants 31 47 6 51.61% 31 47• 51.61% Calls for Service Jan 2019 Jan 2020 %Chg 2019 YTD 2020 YTD %Chg Dispatched Calls 1797 1667 7.23% 1797 1667 0 7.23% Self Initiated Calls 1377 1457 0 5.81% 1377 1457 0 5.81% Response Time Priority 1 &2 6.03 6.4• 6.14% 6.03 6.4 e 6.14% Priority 3 10.93 9.2 0 -15.83% 10.93 9.2 e -15.83% Priority 4+ 9.57 11 0 14.94% 9.57 11 0 14.94% Photo Enforcement Month of:JANUARY 2019 2020 Yr to Yr Red Light Received Issued Rejected Issued Issued Chg 99W/SW Hall Blvd I warnings 1/1x0 I citations 2/ii 142 138 4 0 138 N/A 99W/SW 72nd Ave I warnings 1/28 I citations 2/26 0 0 0 0 0 N/A 99W/SW Durham Rd I warnings TBD I citations TBD 0 0 0 0 0 N/A Community Snapshot Community Outreach and Events Upcoming Events CPO meetings Landlord Forums Chat w/Chief(2/5) TVF&R CPR at WA Sq(2/22) Trail meeting w/businesses(1/7) *State of the City(1/28) Tigard Rotary K9 check presentation(2/5) Scam prevention training(1/22) *Paulson's Safety Committee 1/29 Polar Plunge(2/22) K9 presentations at elementary schools(1/21&1/28)Coffee with a Cop(March and April) Cookies&Cocoa w/Council(1/25) Be That Girl self-defense(2/13) 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,Liqour 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 Strategic DashboardTigardPDg pOLIC, For January 2020 Y l t.trt,.°` 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) e Department Staffing Information Actual Budget % Budget Sworn 65.0 69.0 94% Non-Sworn 15.0 16.0 94% Total Number of Personnel 80.0 85.0 94% Patrol Officer Staffing 31 Days Swings Graves Overall of Shifts Conducted at Minimums 10 32% 21 68% 9 29% 43% 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 / FMLA 1 1 of Personnel on Military Leave 1 1 of Personnel on Light Duty of Personnel on Administrative Leave Total Personnel Unavailable to Work during some Period during the Month 4 1 5 Total Officers Available to work PATROL some period during the Month 27 Operational Effectiveness Snapshot Budget Information is based on the best available data. FY 2018-2019 Budget FY 2019-2020 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 55% 58%e -4%55%58% 0 -3% Operations 53% 58% s -5%53%58% 40 -5% Services 57% 58% 0 -1%57%58% 9 -1% Total Department Budget 54%58% 0 -4%54%58% 0 -4% Budget Information is based on the best available data. FY 2018-2019 FY 2019-2020 Percent YTD Budget Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 22% 58% :'„ -36%44%58% . -14% Operations 37%58% e -21%42%58% 40 -16% Services 33%58% t -25%38%58% 0 -20% Total Overtime 35%58% e -23%41%58% 40 -17% 2 a"'"R'i`'': Tigard PD Strategic Dashboard For January 2020L" x4 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) ir'- n I Calls F By Mont PUBLIC DEMAND SELF INITIATED 1635 AVERAGE 1390 1467 20.MN 1457 1735 OEC 19 1156. NOV-14 1710 NOV 19 r 19 1610 C4.1 19 EP 19 IEEE SEP-19 AUG-19 2053 AUG-19 9t/1 19 2045 Lk 19 109 19 1931 UN 19 MAY 19 1952 MAY 19 APR 19 1631 APR 19 1561 4 4 MAR-19 17,74,: MAR 19 FEB.191611: FER-19 1295 t i IAN.19 k IAN-19 UMW IIIIIIIIIIIIIMIIIIMPMNIMEII 1 800 1(00 1200 1417:' 1800 IResponse Times - 5 Year Trend PRIORITY 3 r 6.4 10.93 b23 613 6 V 1 1072 t 74/4\6.03 9.98 9..6""."......'9-6 5 F,3 1 9.2 2015 2016 2017 2018 2019 2020 2015 2016 2017 2018 2019 2020 PRIORITY 4+ Priority 1= Priority 3 = Imminent threat to life 10 38 11 Urgent call where crime 10,43 1I prevention is needed 0.1310.03 I 9.57 Priority 2=Immediate I threat to life,occuring now Priority 4+ = Cold crimes or public assistance 2015 2016 2017 2018 2019 2020 3 rsJIii.T'igard PD Strategic Dashboard ez yji: el For January 2020 d f I, 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) kt. 7cj*i t,. JANUARY'DTSPA1CHED JA ARY SELF INITIATED 1792--1797 16671606 1943 1428---1403 14`83 I 1775 16547 1 1 I I 2450 237 E 1377'-'"2457 1 5 , 8 2019 2020' a t .µ ,017 2018 I 2020 Tracking Code Cases - Year to Date The tracked counts of these have all Overdose 1 0 6 2 3 increased. Each involves multiple POH 10 10 25 14 12 officers,evidence processing, and trips to hospitals in some cases. Suicide 0 0 1 1 0 Att. Suicide 4 5 14 1 3 DHS referrals and cases of allegations of DHS Refer 34 33 44 52 37 abuse to an elderly or mentally Dom Viol 7 7 13 23 15 challenged victim end up in the caseload DV No Crime 13 8 8 14 9 of Detectives and SRO's. ORC Theft 2 3 5 4 5 Graffiti 9 5 36 3 8 Domestic Violence reports have doubled in 5 years BHI - Transient Total Calls Logged: 1667 Total Societal Calls: 1061 of monthly workload 64% of Calls -BHI** 124 of Calls Transient 157 of Calls Dispatched 160 of Calls Self Initiated 68 Total Time Spent 125:20:09 (hr:min: sec)Total BHI/Transient calls 228 Note 1:Behavioral Health Incidents(BHI)and Transient calls are a subset of the category"Societal"calls. The statistics above are based on officer inputs.Note 2:An incident may be both BHI and Transient related. These figures are not additive. i. U a E. N O O o a o 0 0 0 0 0 0 -.i- O o 0 0 0 o M o Co til 0 0 n .. o 0 VI q V 621 .go o C A 1 0009 • 000 a z z z f V Q et co) N O --. M 0 o I ON V1 fsa 1 .) o o u " cvO N ul V V ct N 111 O '7 N Ln Ln r. co ao •r. C'i O M O o 0 0 ti O A C N H Ct N 00 o ,o e o 0 0 0 0 0 00 N r O O op 0p 0p 0 r M b }' O O CA O V O O S S .- O 1+" % Vf' O O C O O 'NN - N OV ( ' I o Z:\1 O N NV' cN N 0 ••-• M Gal N y d r—CiU PI X N L^ O V P, Zcd ..., o o V V) in oa n n 00 00 w b .. p Nen O CLJ E RI C.- iM O o 'C.) cA CU ctt V ti o Ci) P. pa i~ 7:;1 N N O li i Q U7 as 5 n a Ar 4 • iliii c 4 51HHcN ro al p w 4.1 Pa rooA 4J h bS- I aov0 ly xPao N CAJ o oo aA ao l w b 3 u o N o V 5 5 5 :-) .') cD y G PG t:64 PG PG Pa E4 J cn a O. 0 lzk i_G` i:) TffI\* b I w{) AGENDA ITEM 2.114) PUBLIC COMMENT 114) )4 February 11, 2020 q9 „, a!iINCLimitedto2minutesorless, please) SP TI GARD The Council wishes to hear from you on other issues not 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 meetings and records laws. All written and oral testimony becomes part of the public record. The names and cities ofpersons who attend or participate in City of Tigardpublic meetings will be included in the meeting minutes, which is a public record. Name: City of Residence: Phonetic Pronunciation: Topic: Staff Contact(s) —Required Optional— Ifyou'd like staff to be able to contact you about your topic,please provide at least one way to contact you. Email: Phone: Address: City/State/Zip: Name: City of Residence: Phonetic Pronunciation: Topic: Staff Contact(s) —Required Optional— Ifyou'd like staff to be able to contact you about your topic,please provide at least one way to contact you. Email: Phone: Address: City/State/Zip: Page 1 City Council Update February 2020 STTPPLEM N'TAL PACKET FOR6 Chamber Update DATE OF MEETING) Leadership Tigard The Leadership Tigard class met today (2/11/20) and learned about our local government. They got to tour Downtown Tigard with Sean Farrelly, Public Works with Brian Rager and Clean Water Services. They also got to hear from Mayor Snider, Toby LaFrance, and a panel about the South West Corridor Project. Education,Advocacy, & Building a Strong Local Economy 2/20/2020-Gov't Affairs & Public Policy Committee Meeting 2/26/2020— 12:00 PM — Leverage& Learn 7 businesses have joined the chamber in January We loved partnering with the City of Tigard on the Los Empresarios de Tigard: Serie de Talleres/ Workshop Series. Promoting Community Bowl—O—Rama is on February 29 at 10 AM. We are sold out of team spots. Save the Date for Tigard Shining Stars Community Awards Gala Friday 5/1/19, 5:30 p.m. o Now accepting silent auction donations. o Now accepting high school senior scholarship applications for the 4 year college scholarship and the vocational school/community college scholarship. Deadline to apply is March 5th o Now accepting nominations for the Tigard Shining Stars Community Awards. Last day to nominate someone is March 6th Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 2/20—Dispatch Health, 2/27—With Love, 3/5— Rebel Fit Club, 3/12 —Acceleration Sports Medicine Speed Networking—2/13 at 7 AM G.E.T. Connected at Hall Street Pizza Company—2/18 at 5 PM Health Care Affinity Group—3/4 at 7:15 AM Home, Garden & Design—3/10 at 8 AM Details at http://business.tigardchamber.org/events/calendar/ Tigard Farmers Market Update Now accepting vendor applications for the 2020 season. We have a lot of new vendors joining us this year. Our goal is to grow the market this season. TDA Downtown Updates Join us in Downtown Tigard for the first of four Tigard Drinks for Good. Come to Downtown Tigard Monday, February 17—Saturday, February 22 and try the different versions of a martini. All drinks are 6 and $1 of that goes to Just Compassion. Grab a passport and get a stamp at each of the participating locations for a chance to win! Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard Iltr„ Leadership Tigard TDA 6e:ld3ag Leaders 6raw.rg:.ammaruty_ a. _ AIS-4111 4.A. Business Meeting Meeting Date: 02/11/2020 Length (in minutes): Consent Item Agenda Title: Contract Award to ECONorthwest for Washington Square Regional Center Update Project Prepared For: Susan Shanks Submitted By: Jamie Greenberg, Finance and Information Services Item Type: Meeting Type: Consent Agenda - LCRB Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract to ECONorthwest for the Washington Square Regional Center (WRSC) Update Project? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Local Contract Review Board award a contract to ECONorthwest for the Washington Square Regional Center (WSRC) Update Project for an amount not to exceed $300,000 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY At Council's direction, the City applied for and received a Metro 2040 Planning and Development Grant to fund the WSRC Update Project. In November 2019, the City signed an Intergovernmental Agreement (IGA) with Metro for the $250,000 grant award. The City pledged $60,000 in matching funds toward the project, 10,000 of which will be used to cover direct costs incurred by the City for community engagement. The matching funds will be paid from Community Development's consultant budget and will support the project's community engagement efforts, particularly in those communities in the planning area that have been historically underrepresented or marginalized. The City issued a Request for Proposals in October 2019 based on the scope of work included in the IGA. The City received three proposals on November 26, 2019 from the following firms: ECONorthwest MIG Inc. Fregonese Associates The scope of work required a consultant team with expertise in land use planning,multimodal transportation planning, housing and economic analysis, economic development, anti-displacement strategies and community engagement. Staff reviewed and scored the proposals based upon the following criteria: Project understanding, approach and interest Consultant team qualifications and organization Consultant team experience with similar projects Project management Diversity in contracting After careful consideration,including reference checks and follow-up interviews with two firms, staff recommend that the City award the contract to ECONorthwest and their team of subconsultants. Senior Planner Susan Shanks will manage the contract and resulting work products,including the following key deliverables: Community Engagement Plan Existing Conditions Report Opportunities,Needs and Constraints Report Metzger Community Report Land Use Framework Refinements Final Report and Recommendations Staff anticipates the project taking 16 to 20 months to complete with the general timeframe being from February 2020 through May 2021. The main purposes of this project are to: Understand market trends and the city's ability to influence these trends Work with businesses and residents to refine the land use and regulatory framework in response to market trends, community priorities, and city aspirations to be a walkable,healthy, and inclusive community Lay the groundwork for updating all applicable plans, policies,programs, and regulations associated with the portion of the regional center that's within Tigard OTHER ALTERNATIVES The Local Contract Review Board may choose to not enter into this contract with ECONorthwest and direct staff to issue another Request for Proposals instead. This would delay the start of the project by several months. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS City Strategic Plan Goal 2 -Ensure development advances the vision. City Council Goal 2 - Promote economic growth and community vitality by identifying and removing barriers to redevelopment in Washington Square Regional Center. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: 310,000 Budgeted (yes or no): Yes Where budgeted?: CD Consultant Budget Additional Fiscal Notes: Metro 2040 Planning and Development Grant$250,000 Community Development$60,000 Attachments No file(s) attached. AIS-4122 5. Business Meeting Meeting Date: 02/11/2020 Length (in minutes): 10 Minutes Agenda Title: Consider Approval of the Second Amendment to the Development and Disposition Agreement with AVA Tigard Development, LLC Authorizing a 90-day Extension Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Town Center Development Agency Public Hearing: No Publication Date: Information ISSUE Consider approval of the Second Amendment to the Development and Disposition Agreement (DDA) with AVA Tigard Development,LLC authorizing a 90-day extension to the closing date. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends approval of the amendment to the Development and Disposition Agreement with AVA Tigard Development,LLC, allowing the 90-day extension to the closing date. KEY FACTS AND INFORMATION SUMMARY On September 3, 2019,Town Center Development Agency (TCDA) and AVA Tigard Development LLC AVA) amended the Development and Disposition Agreement (DDA) to extend the closing date to November 14, 2019,with a further 90-day extension if certain milestones were met. AVA satisfied the conditions except receipt of a BOLI determination by the deadline, and the TCDA Board granted the second extension. The new closing date was set to February 12, 2020. In November, after conferring with new development advisors,AVA determined that its approved plans (with parking partially below the flood elevation in a floodplain) would be difficult to finance. Working with a new architect,AVA worked to redesign the building. The proposal is a new 4-story mixed-use building,with ground floor commercial, office suites and 22 apartments,with 15 parking spaces on the site. Redesigning the building pushed back the schedule and as a result AVA has requested an additional 90-day extension. This request is allowable under the DDA and is outlined in a second amendment to the agreement (attached). The new closing date would be May 12, 2020. Here is the status of the outstanding DDA milestones: Final land use approval: AVA's revised land use application (needed because of the changes to the building and site design) was deemed complete on January 21, 2020. The land use decision is expected by February 6. BOLI determination: AVA made this request on September 26,2019. BOLI has followed up with questions about the submittal and the City has cooperated in providing answers. Although neither the City or AVA has control over this milestone,it seems likely that the final determination will be made by May 12. Approval of permits: AVA hired a structural engineering firm to draw up plans and construction documents. On January 15,AVA and its consultants reviewed drawings with the City of Tigard Building Official. His initial review found that the plans were in good shape for a building permit application. A condition to approving the new 90-day extension is that AVA will submit this application with required drawings for building permits by February 11. Completion of final financing plan: The DDA requires binding commitment letters from lenders for the construction financing for the Project,written evidence of necessary equity commitments and such other documentation or assurances as may be reasonably required by TCDA. AVA has reported that they will have the financial plan finalized by May 12. OTHER ALTERNATIVES The Board could choose to not approve this amendment as written. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard City Council Goals 2019-2021 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.2: Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment. Redevelopment of the Main St. at Fanno Creek property 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 DATES OF PREVIOUS COUNCIL CONSIDERATION February 4, 2020: Executive Session November 12, 2019: Consider a second 90-Day extension under the Development and Disposition Agreement with AVA Tigard Development,LLC. September 3, 2019: TCDA Review of Main Street at Fanno Creek Plans May 8, 2018: Consider Resolution for Development and Disposition Agreement Attachments DDA Second Amendment SECOND AMENDMENT TO DEVELOPMENT AND DISPOSITION AGREEMENT THIS SECOND MENDMENT TO DEVELOPMENT AND DISPOSITION GREEMENT (this Amendment")is entered into by and between TOWN CENTER DEVELOPMENT GENCY("TCDA"), and AVA TIGARD DEVELOPMENT, LLC, an Oregon limited liability company ("Developer") as of January ,2020. RECITALS: A. TC I A and Developer entered into that certain Development and Disposition Agreement as of August 16, NI (the"DDA"),for the real property located at 12533—12537 SW Main Street,Tigard, Oregon, and more particularly described in the DDA (the "Property"). The DDA was amended by that certain First Amendment to Development and Disposition Agreement dated as of September 3, 2019 (the First Amendment"). The DDA and the First Amendment are sometimes collectively referred to as the DDA in this Amendment. B. Although Developer had not completed certain tasks specified in the First Amendment,the Closing described in Section 3.3 of the DDA was extended to February 12,2020. As a result of certain complications arising from flood plain issues relating to the Property,Developer has requested an additional 90 days in order to continue to complete certain pre-Closing conditions described in Section 3.6 of the DDA. C. TCDA is willing to grant the extension for an additional 90 days provided that Developer has completed certain tasks provided for in this Amendment. MENDMENT: 1. Pursuant to Section 3.3 of the DDA,the Closing date is hereby extended to May 12,2020, provided that Developer has submitted to the City of Tigard building permit plans,application(s)and fees for the Project prior to the close of business on February 11,2010. TCDA shall have the option,in its sole and complete discretion,to revoke and terminate this extension if Developer fails to meet this deadline. 2. Developer satisfied condition 2a (interim finance plan), 2b (final draft Project plan), 2c form of deed)and 2e(property suitability) set forth in the First Amendment. Developer has submitted a request to BOLI, but BOLI has not issued a determination. revised land use application has been submitted and a decision is pending. All conditions precedent to Closing not previously expressly acknowledged in writing as satisfied or waived continue in effect, including but not limited to demonstration of financial feasibility for the Project pursuant to DDA Section 3.6.3(c)(i). 3. Except as expressly provided in this Amendment, the terms and conditions of the DDA remain in full force and effect. The parties acknowledge that TCDA may refuse to grant any further extensions in its sole and complete discretion. IN WITNESS WHEREOF,the parties have executed this Amendment as of the day and year set forth above. TOWN CENTER DEVELOPMENT AGENCY, AVA TIGARD DEVELOPMENT,LLC, an agency of the City of Tigard an Oregon limited liability company By: By: Jason B. 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Business Meeting Meeting Date: 02/11/2020 Length (in minutes): 10 Minutes Agenda Title: Consider an Ordinance Amending Tigard Municipal Code Chapter 10.28 Regarding Parking Enforcement Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall Tigard City Council adopt an ordinance amending Tigard Municipal Code 10.28 regarding parking enforcement? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the ordinance as presented. KEY FACTS AND INFORMATION SUMMARY Tigard parking enforcement is generally performed by Community Service Officers (CSOs),non-sworn members of the Tigard Police Department. CSOs have the authority to issue citations for violation of Tigard Municipal Code,but only sworn officers may issue citations for violation of state statute. This ordinance would add a new violation to the TMC for parking in an alternative fuel vehicle refueling space if the vehicle is not in the process of refueling. Such a provision already exists in state statute and adding it to the TMC would allow CSOs to issue citations for it. Additionally, the ordinance would add language relating to the appearance for a defendant in municipal court. This change is needed to clarify both the defendant's options and the court's judgment of default direction for non-appearance. OTHER ALTERNATIVES Council could choose to not adopt the ordinance or make additional amendments. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.30 REGARDING RESIDENTIAL PARKING PERMITS WHEREAS, in December 2019, Tigard City Council adopted Ordinance 19-21, which established Tigard Municipal Code (TMC) 10.30,a new residential parking zone program for the City;and WHEREAS, the code, as originally drafted, required permit holders to reapply for residential parking permits on or before January 1' of each year and the permits were valid for the calendar year;and WHEREAS, for administrative convenience, the City wishes to change the time frame for which permits are valid to follow the City's fiscal year and require a new permit to be obtained on or before July 1s`of each year. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1:Tigard Municipal Code 10.30.050 is hereby amended to read as follows (additional text is underlined and deleted text is shown in seiketkreug11): A. Once a residential parking zone is approved, a resident may apply to the city for an on-street parking permit or guest pass,as provided in the residential parking zone plan. An applicant must show proof of residency within the residential parking zone and proof of vehicle ownership of vehicle(s) registered to that address. A permitted guest has the same rights and permissions as a resident. B. The cost of each resident and guest parking permit will be determined by resolution of City Council. C. A resident must reapply each year for all parking permits, on or before July January 1st. All permits are good from July 1st to June 30th, for thc remainder of thc calendar year,regardless of when the permit was purchased. Costs for permits may be prorated on a semi-annual basis. SECTION 2:If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3:This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. ORDINANCE No. 20- Page 1 PASSED: By vote of all council members present after being read by number and title only,this day of 2020. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of 2020. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No.20- Page 2 AGENDA ITEM No. 6 Date: February 11, 2020 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.28 REGARDING PARKING ENFORCEMENT Due to time constraints City Council may impose a time limit on testimony. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. AGENDA ITEM No. 6 Date: February 11, 2020 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking in Favor) Opponent—(Speaking Against) Neutral Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional:Contact information Optional:Contact information Optional:Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional:Contact information Optional:Contact information Optional:Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4177 7. Business Meeting Meeting Date: 02/11/2020 Length (in minutes): 5 Minutes Agenda Title: Consider an Ordinance Amending Tigard Municipal Code Chapter 10.30 Regarding Residential Parking Permits Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall Tigard City Council adopt an ordinance amending Tigard Municipal Code 10.30 regarding residential parking permits? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends adoption of the ordinance as presented. KEY FACTS AND INFORMATION SUMMARY In December 2019,Tigard City Council approved an ordinance creating a new residential parking permit process. At the time, the code was drafted to require permit holders to reapply for residential parking permits on or before January 1st of each year and the permits were valid for the remainder of the calendar year. However, for administrative convenience, staff now recommends the City issue permits based on the City's July 1 to June 30 fiscal year. As amended, the code would require permit holders to obtain their permit on or before July 1st and the permits would be valid from July 1 to June 30. OTHER ALTERNATIVES Council could choose to not adopt the ordinance or make additional amendments. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION December 3, 2019: Council adopted Ordinance 19-21, establishing TMC 10.30 January 7, 2020: Council adopted residential parking permit fees in the Master Fees and Charges Schedule Attachments Ordinance AgendaQuick©2005-2020 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.30 REGARDING RESIDENTIAL PARKING PERMITS WHEREAS, in December 2019, Tigard City Council adopted Ordinance 19-21, which established Tigard Municipal Code (TMC) 10.30,a new residential parking zone program for the City;and WHEREAS, the code, as originally drafted, required permit holders to reapply for residential parking permits on or before January 1"of each year and the permits were valid for the calendar year;and WHEREAS, for administrative convenience, the City wishes to change the time frame for which permits are valid to follow the City's fiscal year and require a new permit to be obtained on or before July 1"of each year. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1:Tigard Municipal Code 10.30.050 is hereby amended to read as follows (additional text is underlined and deleted text is shown in strikethretigh): A. Once a residential parking zone is approved, a resident may apply to the city for an on-street parking permit or guest pass,as provided in the residential parking zone plan. An applicant must show proof of residency within the residential parking zone and proof of vehicle ownership of vehicle(s) registered to that address. A permitted guest has the same rights and permissions as a resident. B. The cost of each resident and guest parking permit will be determined by resolution of City Council. C. A resident must reapply each year for all parking permits, on or before July January 1st. All permits are good from July 1st to June 30th,for the remainder of the calendar ycar,regardless of when the permit was purchased. Costs for permits may be prorated on a semi-annual basis. SECTION 2:If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3:This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. ORDINANCE No. 20- Page 1 PASSED: By vote of all council members present after being read by number and title only,this day of 2020. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of 2020. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 20- Page 2 AGENDA ITEM No. 7 Date: February 11, 2020 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.30 REGARDING RESIDENTIAL PARKING PERMITS Due to time constraints City Council may impose a time limit on testimony. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. AGENDA ITEM No. 7 Date: February 11, 2020 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record Proponent—(Speaking in Favor) Opponent—(Speaking Against) Neutral Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional:Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional:Contact information Optional:Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: