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TCDA Packet - 11/12/2019
City of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL &TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: November 12, 2019 - 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 heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htto://www.tieard-or.eoy/city hall/council meetine.nhn 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. Citi- of'114"ard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: November 12,2019 - 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 A. DISCUSS CITY CHARTER "TREASURY" PROVISION 6:30 p.m. estimated time B. COUNCIL LIAISON REPORTS 6:40 p.m. estimated time •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. 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. Update from Police Chief McAlpine D. Tigard Area Chamber of Commerce E. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) 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. A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: •August 13, 2019 •September 10, 2019 C. PROCLAIM SMALL BUSINESS SATURDAY •Consent Axenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Councill Town Center DevelopmentAgency has voted on those items which do not need discussion. 4. JOINT MEETING WITH TIGARD TRANSPORTATION ADVISORY COMMITTEE (I"TAC) 7:45 p.m.estimated time 5. CONSIDER RESOLUTION TRANSFERRING THE FRONTIER COMMUNICATION CABLE FRANCHISE AGREEMENT TO NW FIBER,LLC 8:15 p.m. estimated time 6. PUBLIC HEARING: CONSIDER RESOLUTION ON AMENDING THE MASTER FEES AND CHARGES SCHEDULE FOR THE SPECIAL EVENTS FEE 8:35 p.m. estimated time 7. TOWN CENTER DEVELOPMENT AGENCY: CONSIDER 90-DAY EXTENSION FOR DEVELOPMENT AND DISPOSITION AGREEMENT 8:45 p.m. estimated time 8. TOWN CENTER DEVELOPMENT AGENCY: CONSIDER RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TCDA TO COMPLETE THE ACQUISITION OF AN EASEMENT ON LAND ADJACENT TO 12562 SW MAIN STREET 8:55 p.m. estimated time 9. REVIEW LOCAL OPTION LEVY COST ASSUMPTIONS 9:00 p.m. estimated time. 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT 9:30 p.m. estimated time AIS-3991 A. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): 10 Minutes Agenda Title: Discuss City Charter "Treasury" Provision Submitted By: Marty Wine, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Does the Council wish to take action to interpret the provision in the City's Charter regarding the Mayor "countersigning all orders on the treasury?" STAFF RECOMMENDATION / ACTION REQUEST Staff does not have a recommendation. Under Oregon law, a city council is charged with interpreting its own charter. Staff is seeking direction from Council as to whether Council wishes to formally adopt a resolution interpreting Chapter V, Section 20 of the Tigard City Charter or continue with existing practice pursuant to staffs interpretation. KEY FACTS AND INFORMATION SUMMARY Tigard City Charter, Chapter V, Powers and Duties of Officers, Section 20 states "Mayor. The Mayor shall appoint the committees provided by the rules of the Council. The Mayor shall sign all approved records of proceedings of the Council and countersign all orders on the treasury." The City Charter does not define what is considered an "order on the treasury." Finance staff reviewed Government Accounting Standards Board (GASB) documents and Oregon local budget law, and League of Oregon Cities model charter, but there is no guidance about the meaning of these terms. City staff have reviewed the current practice. All new debt issuances and banking contracts are currently approved by the City Council, so those items are essentially being"countersigned by the Mayor" already. If an "order on the treasury" is intended to cover only these actions, the City is complying with this Charter provision. However, if an "order on the treasury" is intended to cover banking activities as well, that would require the Mayor to countersign all checks, payroll, purchasing-card payments, and all other banking transfers of money out of the City.This would be a significant departure from past practice as far back as staff could identify, and would also constitute significant new work for staff and the Mayor to do. Checks are currently electronically co-signed by the City Manager and Finance Director; payroll and banking transfers are done by Finance Operations staff; and purchasing card approvals are completed and countersigned by many manager and staff-level approvers in the City's financial system. OTHER ALTERNATIVES Council may choose to take no action, or may choose to approve a resolution to interpret the charter. The City Charter may also be amended by Tigard voters. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this issue has been considered by the Council. Attachments No files) attached. SUPPLEMENTAL PACKET FOR (DATE OF MEETING) Tl and Police Departmentg Strategic Dashboard for October 2019 Crime Sna shot Selected Group A Offenses [Oct201810ct20191 % Chg 2018 YTD 2019 YTD % C--h,- Societal ChSocietal Crimes 1 361 731* 102.78% 5451 651• 19.45% Response Time Priority 1 & 2 5.85 6.300 7.69% 6.27 6.180 -1.44% Priority 3 10.03 10-770 7.38% 9.90 10-400 5.05% Priority 4 + 1 9.28 10.0210 7.97% 9.95 10.4710 5.23% Employee Snapshot Overall° Days Swings I Graves Ea # of Shifts Conducted at Minimums 1 48%1 7 251 13 Tigard PD Strategic Dashboard For October 2019 2019 Population Estimate 53,148 (Adopted Budget FY 2019-20) Small numbers cause large percentage increases and decreases. Crime Snapshot Selected Group A Offenses Oct 2018 Oct 201'% "„ Chg 2018 YTD 2019 YTD %Chg Person Crime 46 23 -50.00% 422 323 -23.46 Assault 38 17 -55.26% 345 266 ,; -22.907 Robbery 2 1 -50.00% 28 23 -17.86% Property Crime 182 135 -25.82% 2050 1572 -23320/ Burglary-Residential 5 3 -40.00% 73 48 -34.25% Burglary-Business 7 5 -28.57% 46 44 .31 -4.35% Burglary-Other 4 0 -100.00% 29 15 -48.28% UUMV 12 8 -33.33% 138 97 -29.71% Theft 87 56 -35.63% 1020 906 -11.18% Vandalism 16 26 62.50% 236 252 ;', 6.78% Societal Crimes 361 73 102.7 65 19.45% DUII 6 14e 133.33% 127 126 -0.79% Drug Offense 15 14 -6.67% 122 86 -29.51% Disorderly Conduct 5 3 -40.00% 105 57 -45.71% Calls for Service Oct 2018 Oct 2019 %Chg 2018 YTD 2019 YTD %Chg Dispatched Calls 1839 1810 -1.58% 18581 18728 0.79% Self Initiated Calls 1685 1412 -16.20% 17465 13932 -20.23% Response Time Priority 1 &2 5.85 6.300 7.69% 6.27 6.18 -1.44% Priority 3 10.03 10.77P 7.38% 9.90 10.40 5.05% Priori 4+ 9.28 10.02 7.97% 9.951 10.47 5.23% Communrtv Snapshot Community Concerns Community Outreach and Events Upcoming Events *Domestic Violence Awareness Month *TTI'Christ Heron Event(11/13) *Coffee With A Cop(10/2) *Drug take back(10/26) *Tigard Public Works Trails Open House(11/20) *Landlord Forum(10/9) *K9 Presentation at Summerfield(11/22) *Neighborhood Watch(10/9) *Christmas for Kids event(12/4) *Be That Girl!Self defense class(10/17) *Scam prevention training at the Knoll(12/10) •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 ' Tigard PD Strategic Dashboard For October 2019 2019 Population Estimate 53,148 (Adopted Budget FY 2019-20) Employee Snapshot Department Staffing Information Actual Budget Budget Sworn 65 69 94% Non-Sworn 15 16 94% Total Number of Personnel 80 85 94% Patrol Officer Staffing 28 10verall%j Days I Swings I Graves #of Shifts Conducted at Minimums 1 48%1 71 25:F7---1-31 Personnel Unavailable for Work Patrol All Other Overall #of Recruits in Pre-Academy #of Recruits in Academy 1 - 1 #of Recruits in FI'EP 3 - 3 #of Personnel on Extended Sick Leave/ FMLA #of Personnel on Military Leave #of Personnel on Light Duty 2 2 #of Personnel on Administrative Leave 1 - 1 Total Personnel Unavailable to Work during some Period during the Month 1 711 g Total Officers Available to work PATROL some period during the Month 21 Operational TFctiveness Snapshot Budget Information is based on the best available data. FY 2018-19 Budget FY 2019-20 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 30% 33% -3% 32% 33% -1% Operations 29% 33% -4% 32% 33% -1% Services 33% 33% 0% 34% 33% 1% Total Department Budget 31% 33% -3% 33% 33% 0% Budget Information is based on the best available data. FY 2018-19 FY 2019-20 Percent YTD Budget percent YTD Budget Status Percent Department Overtime Actual Budgeted Actual Budgeted Administrative 10% 33% -23% 33% 33% 0% Operations 23% 33% -10% 24% 33% -9% Services 20% 33% -13% 240/0 33% -9% Total Overtime 1 22% 33% -12% 240/6 33% -9% 2 Tigard PD Strategic Dashboard For October 2019 2019 Population Estimate 53,148 (Adopted Budget FY 2019-20) Calls For Service - By Month Public Demand Self Initiated AIERA9E' -� A.VRAG� AVn.19 ?� AV6IIA iUn1 1 Y MAI 19 {-- MAYI9 ^Y�' AOR 19 sma AOR-19 _ i MAR l9 MAR If 1fR 19 115.19 PAN lY lAN-1• NOV NAV . _ i tV% u NR• 4sY 1wli. w<+t i•�w• ,'!•t it.-.• 11ir; T1Y.#* Response Times - 5 Year TrendPRIORITY'li-az—w. " -f 9.6 SAS ZOLS-A�016 2017 Zola 019 2015 2016 2017 2018 2019 1 PRIORITY 4+ Priority 1 12A Priority 3 = Imminent threat to life Urgent call where crime 10.24 prevention is needed Priority 2 = Immediate threat to life,occuring now Priority 4+ = Cold crimes or public assistance 2015 2016 2017 2018 2019 3 ' Tigard PD Strategic Dashboard For October 2019 e 2019 Population Estimate 53,148 (Adopted Budget FY 2019-20) Calls For Semice - By Month . : DISPATCHED OCTOBER 1939 1810 1695 1510-1531 1755 1412 1693 1570 1625 4 A2O 2014 2015 2016 2017 is 2019 201 2016 2017 2028 2019 Tracking Code Cases - Year to Date The tracked cou n ts of the I se have al WWI Each Overdose 2 7 11 22 20 officers,evidence processing,and trips POH 111 101 115 144 108 to hospitals inSuicide 4 4 7 7 11 Att. Suicide 48 25 54 50 44 DHS referrals and - allegations of DHS Refer 405 352 461 461 451 abuse ' an elderly or mentally Dom Viol 88 61 106 132 98 challenged end up in the caseloadDV No Crime 33 78 110 105 109 Detectivesof -• ORC Theft 29 56 43 42 58 • - • - - - •• Graffiti 103 56 48 90 39 _ BHI - Transient Total Calls Logged: 1810 Total Societal Calls: 1180 %of monthly workload 65% #of Calls-BHI** 152 #of Calls Transient 158 # of Calls Dispatched 177 # of Calls Self Initiated 68 Total Time Spent 141:10:28 (hr:min:sec) Total BHI/Transient calls 245 *Note 1:Behavioral Health Incidents(BHI)and Transient callr aro 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 rrlated. These figures are not additive. 4 SUPPLEMENTAL PACKET FOR -1/d✓ -2,019 (DATE OF MEETING) Tigard High School Update -November 12, 2019 September • Spirit App o Online platform for students to receive points based on events they go to • Club Rush • Welcome Back Assembly • Random Acts of Kindness o Freshman Names o Clothespin Compliments October • Random Acts of Kindness o Jokes on Lockers • Homecoming Parade • Homecoming Dance • Powderpuff • Gold Out Football Game to support Pediatric Cancer Research • Pink Out Volleyball Game to support Breast Cancer Research • Boys Soccer o Made it to the second round of playoffs • Football o Currently headed into the second round of playoffs, ranked first in state, and undefeated • Open Mic • Marching Band won state!! • Halloween Rooms November • Veterans Breakfast and Assembly • The National Honor Society blood drive was today (November 12)and they had about 90 people donate blood • Tigerettes won their dance competition for Varsity Pom and Jazz • The Tigard-Tualatin Student Union hosted the first ever student voice summit that was planned and executed by both Tigard and Tualatin students • Can& Food Drive o Goes until Thanksgiving and all the proceeds go to St. Vincent de Paul • Shrek the Musical starts this week o November 15, 16, 21, 22, and 23 at 7:30 pm and also a 2:00 pm showing on November 23 • Open Table -November 18 after school SUPPLEMENTAL PACKET City Council Update November 2019 FOR A/2 V l,�?f a Q/ Chamber Update (DATE OF MEETING) Leadership Tigard The Leadership Tigard class met today(11/12/19) and learned about Tigard's history, culture and diversity.They toured the John Tigard House, heard from the Washington County Museum and visited the Muslim Educational Trust. Education,Advocacy, & Building a Strong Local Economy • 11/20/2019— 12:00 PM —Leverage& Learn • 11/21/2019—1:30 PM —Gov't Affairs& Public Policy Committee Meeting • 12 businesses have joined the chamber in October We had a meeting with the Tigard Tualatin School District and the Foundation for Tigard Tualatin Schools to discuss opportunities for business to engage with 8-12`h grade students in the CTE program through Student Career Learning Experiences and their vision for those opportunities. Promoting Community • Debi's 10`h Anniversary Celebration on Monday, 12/18/19, 5 to 7 PM at Broadway Rose Theatre • Save the Date for Holiday Happy Hour Tuesday 12/3/19, 6 to 8 PM at the Broadway Rose Theatre. • Save the Date for Bowl-O-Rama on Saturday, February 29 at Tigard Bowl. • Save the Date for Tigard Shining Stars Community Awards Gala Friday 5/1/19, 5:30 p.m. Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 11/14—Hosted by Tigard Triangle Smiles, 11/21— Multi-Chamber hosted by Costco Health Care Affinity Group—Dec. 3 at 7:15 AM Details at http://business.tigardchamber.org/events/calendar/ Tigard Farmers Market Update 2019 Season Review: 11,000+ patrons during the season. 55 Vendors. $2,740 in SNAP Match distributed. 120+ kids participated in the Market Sprouts Kids Club. Wreath Making Class- November 30 at 10 AM and 2 PM. Limited space available. Reserve your seat now. TDA Downtown Updates Trick or Treat Main Street was great! We had lots of business participation and great attendance. Join us for Small Business Saturday in Downtown Tigard on November 30 for a chance to win some prizes and check out the great local businesses we have. New window decorating contest this year! Save the date for the Holiday Tree Lighting on December 6 at 6:45 PM. Find us on Facebook at explored owntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard Leadership Tigard 'p AGENDA ITEM NO. 2 E- CITIZEN COMMUNICATION DATE: November 12, 2019 (Limited to 2 minutes or less,please) 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 meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend orparticipate 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: )(V Also,please spell your name as it sounds,if it will help the presiding officer pronounce: 01``� vl Address City 1 "1 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 I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\Citizen Communication.doc AIS-4057 3. A. Business Meeting Meeting Date: 11/12/2019 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 Council Calendar Tentative Agenda MEMORANDUM TIGARD TO: Honorable Mayor&City Council FROM: Carol A. Krager, City Recorder RE: Three-Month Council Calendar DATE: November 5, 2019 Below is a listing of council meetings for the next three months. Regularly scheduled Council meetings are marked with an asterisk (*). November 5* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11 Monday Veterans Day Holiday, City offices closed,Library open 12* Tuesday Council Study Session&Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Executive Session—6:30 p.m.,Red Rock Creek Conf. Room 26* Tuesday Council Study Session&Business Meeting—6:30 p.m.,Town Hall 28 Thursday Thanksgiving Holiday,City offices and Library closed December 3* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 10* Tuesday Council Study Session&Business Meeting—6:30 p.m.,Town Hall 17* Tuesday Council Workshop Meeting —6:30 p.m.,Town Hall cancelled: Christmas Eve,City offices open& Library open with early closure 25 Wednesday Christmas Holiday, City offices and Library closed 31 Tuesday New Years Eve, City offices open&Library open with early closure January 1 Wednesday New Years Day Holiday,City offices and Library closed 7* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 14* Tuesday Council Study Session&Business Meeting—6:30 p.m.,Town Hall 20 Monday Martin Luther King Day,City offices closed, Library open 21* Tuesday Council Workshop Meeting —6:30 p.m.,Town Hall 28* Tuesday Mayor's State of the City—6-8 p.m.,Broadway Rose Theater Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 11/4/2019 9:50 AM -Updated Form Meeting Date Submitted By Meeting Type ----------------Agenda Item Title----------------- Department Inbox or Finalized 3885 11/12/2019 Kelly Burgoyne AAA November 12, 2019 Business Meeting DEADLINE (in Marty's inbox) 10/29/2019 3991 11/12/2019 Marty Wine ACCSTUDY 110 Minutes—City Charter Treasury Provisions City 10/16/2019 Management 3886 11/12/2019 Kelly Burgoyne ACCSTUDY 2 15 Minutes—Council Liaison Reports Central 05/21/2019 Services Total Time: 25 Minutes of 45 Minutes Scheduled 4015 11/12/2019 Joanne ACONSENT Consent Item - Proclaim Small Business Saturday City 10/16/2019 Bengtson Management 3952 11/12/2019 Kelly Burgoyne CCBSNS 130 Minutes—Joint Meeting with the Tigard Central MartyW, City Transportation Advisory Committee (TTAQ Services Manager 4011 11/12/2019 Louis Sears CCBSNS 2 20 Minutes- Frontier Communication Cable Franchise Finance and MartyW, City Transfer to NW Fiber, LLC Information Manager Services 4005 11/12/2019 Sean Farrelly CCBSNS 3 10 Minutes—Consider 90-Day Extension for Community MartyW, City Development and Disposition Agreement Development Manager 4013 11/12/2019 Sean Farrelly CCBSNS 4 5 Minutes-Authorize the Executive Director of the Community MartyW, City TCDA to Complete the Acquisition of an Easement on Development Manager Land Adjacent to 12562 SW Main Street 4043 11/12/2019 Carol Krager CCBSNS 5 10 Minutes- Public Hearing on Amending the Master City MartyW, City Fees and Charges Schedule for the Special Events Fee Management Manager Total Time:75 Minutes of 100 Minutes Scheduled 3887 11/19/2019 Kelly Burgoyne AAA November 19, 2019 Executive Session Only DEADLINE (in Red Rock Conference Room Marty's inbox) 11/5/2019 11 Page is\adm\city recorders\tentative agenda\november 4 2019 tentative agenda.docx Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 11/4/2019 9:50 AM -Updated 3998 11/19/2019 Kelly Burgoyne CCWKSHOP 2 Hours—Executive Session Called Under 192.660(2)(i)- City Krager C, City Review and Evaluation of the Chief Executive Officer Management Recorder 3888 11/26/2019 Kelly Burgoyne AAA November 26, 2019 Business Meeting DEADLINE (in Marty's inbox) 11/12/2019 3970 11/26/2019 Kelly Burgoyne ACCSTUDY 115 Minutes—Council Liaison Reports Central 08/20/2019 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3954 11/26/2019 Lina Smith CCBSNS 120 Minutes—Legislative Public Hearing: Public Facilities Community Smith L, Asst Plan (CPA2019-00002) Development Planner 3949 11/26/2019 John Goodrich CCBSNS 2 45 Minutes—Stormwater Financial Strategy Planning— Public Works Goodrich J, Division Rate Study Results Manager 4024 11/26/2019 John Goodrich CCBSNS 3 15 Minutes—Water Fees and Charges Alignment to Public Works Goodrich J, Division Fiscal Year Budget Process Manager 4046 11/26/2019 Lori Faha CCBSNS 4 30 Minutes—Receive Capital Improvement Plan Update Public Works Faha L, City Engineer 3889 12/03/2019 Kelly Burgoyne AAA December 3, 2019 Business Meeting One DEADLINE (in Marty's inbox) 11/19/2019 3987 12/03/2019 Joe Patton CCBSONE 15 Minutes-CONSIDER RESOLUTION APPOINTING Community Patton J, Senior TOWN CENTER ADVISORY COMMISSION MEMBERS Development Administrative Sp 2 1 P a g e is\adm\city recorders\tentative agenda\november 4 2019 tentative agenda.docx Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 11/4/2019 9:50 AM -Updated 3989 12/03/2019 Carol Krager CCBSONE 2 5 Minutes-Consider Appointment of Tigard Community Patton J, Senior Transportation Advisory Committee Members Development Administrative Sp 3990 12/03/2019 Joe Patton CCBSONE 3 5 Minutes-CONSIDER RESOLUTION APPOINTING Community Laughlin D, Conf. PLANNING COMMISSION MEMBERS Development Exec. Asst. 4016 12/03/2019 Christina CCBSONE 4 10 Minutes-Consider Local Agency Agreement for Public Works Zellmer C, Eng. Proj. Zellmer ARTS(All Roads Transportation Safety program) 99W Coord. Streetlights 4049 12/03/2019 Nadine CCBSONE 5 15 Minutes—Consider a Resolution to Adopt the Central Robinson N, Robinson Americans with Disabilities Self Evaluation and Transition Services Central Services Plan Director 4019 12/03/2019 Nicole Hendrix CCBSONE 6 20 Minutes- Performance Audit Implementation Plan City Hendrix N, Sr. Management Mgmt. Analyst 4052 12/03/2019 Carol Krager CCBSONE 7 10 Minutes- Legislative Public Hearing: Consider Police Rihala, S, City Amendments to Tigard Municipal Code 7.58 Conduct on Attorney City Property 4053 12/03/2019 Carol Krager CCBSONE 8 10 Minutes- Legislative Public Hearing to Consider Park City Rihala, S, City Rule Ordinance Management Attorney 4054 12/03/2019 Carol Krager CCBSONE 9 20 Minutes- Legislative Public Hearing: Consideration Police McDonald J, of TMC Amendments regarding Residential Parking Commander Total Time: 100 Minutes of 180 Minutes Scheduled 3890 12/10/2019 Kelly Burgoyne AAA December 10, 2019 Business Meeting City DEADLINE (in Management Marty's inbox) 11/26/2019 3975 12/10/2019 Joanne ACCSTUDY 130 Minutes—Quarterly Update on City Council Goals City Bengtson J, Exec Bengtson Management Asst to City Mgr 31 Page is\adm\city recorders\tentative agenda\november 4 2019 tentative agenda.docx Meeting Banner ❑ Business Meeting❑ Study Session 0 Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 11/4/2019 9:50 AM -Updated 3891 12/10/2019 Kelly Burgoyne ACCSTUDY 2 15 Minutes—Council Liaison Reports Central 05/21/2019 Services 4000 12/10/2019 Liz Lutz CCBSNS 110 Minutes—Consider Resolution to Appoint Budget Finance and Lutz L, Conf Exec Committee Members Info Services Asst 3950 12/10/2019 John Goodrich CCBSNS 2 20 Minutes—Stormwater Financial Strategy Planning— Public Works Goodrich J, Division Adoption of Rate Study Recommendation Manager 4023 12/10/2019 John Goodrich CCBSNS 3 15 Minutes- Restated Temporary Water Supply Public Works Goodrich J, Division Agreement with Willamette Water Supply System Manager Commission 3967 12/10/2019 Kelly Burgoyne CCBSNS 4 45 Minutes—Executive Session Called Under City 08/21/2019 192.660(2)(i) Review and Evaluation of the Chief Management Executive Officer Total Time:90 Minutes of 100 Minutes Scheduled 3892 12/17/2019 Kelly Burgoyne AAA December 17, 2019 Workshop Meeting DEADLINE (in Councilor Lueb-Absent Marty's inbox) 12/03/2019 3934 12/17/2019 Carol Krager CCWKSHOP 130 Minutes—External Financial Audit&CAFR Finance and Isaksen J,Asst. Presentation Information Finance Director Services 3986 12/17/2019 Steve Martin CCWKSHOP 2 45 Minutes—Joint Meeting with the Park and Public Works Martin S, Division Recreation Advisory Board Manager 4044 12/17/2019 Liz Lutz CCWKSHOP 3 40 Minutes - Joint Budget Committee/City Finance and Lutz L, Conf Exec Council meeting Information Asst Services Total Time: 115 Minutes of 180 Minutes Scheduled 41 Page is\adm\city recorders\tentative agenda\november 4 2019 tentative agenda.docx Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 11/4/2019 9:50 AM - Updated 12/24/2019 December 24, 2019 MEETING CANCELLED 4026 01/07/2020 Carol Krager AAA January 7, 2020 Business Meeting One City DEADLINE (in Management Marty's inbox) 12/24/2019 4042 01/07/2020 Agnes Lindor CCBSONE 1 30 Minutes - Legislative Public Hearing: Community Lindor A, DCA2019-00002 Omnibus Code Package Development Assoc. Planner Total Time:30 Minutes of 100 Minutes Scheduled 4027 01/14/2020 Carol Krager AAA January 14, 2020 Business Meeting DEADLINE (in Marty's inbox) 12/31/2019 4047 01/14/2020 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services Total Time: 15 of 45 Minutes Scheduled 4028 01/21/2020 Carol Krager AAA January 21, 2020 Workshop Meeting DEADLINE (in Marty's inbox) 01/07/2020 01/28/2020 Carol Krager January 28, 2020 Council Meeting Cancelled State of the City Address Broadway Rose Theater, 6-8 p.m. Vacations/Conferences Councilor Lueb December 17 51 Page is\adm\city recorders\tentative agenda\november 4 2019 tentative agenda.docx AIS-4055 3. B. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •August 13, 2019 •September 10, 2019 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments August 13,2019 Meeting Minutes September 10,2019 Meeting Minutes IN City of Tigard Tigard City Council Meeting Minutes August 13, 2019 STUDY SESSION—6:30 p.m. Council Present: Mayor Snider, Councilor Newton, Councilor Lueb, Council President Goodhouse and Councilor Anderson. Staff Present: City Manager Wine,Assistant City Manager Nyland, City Attorney Rihala, Community Development Director Asher,Assistant Community Development Director McGuire, Redevelopment Project Manager Farrelly and City Recorder Krager. A. RECEIVE UPDATE ON SENIOR CENTER AFFORDABLE HOUSING PROJECT Redevelopment Project Manager Farrelly introduced Trell Anderson, CEO of Northwest Housing Alternatives. Mr. Farrelly described the selection process used for developers interested in building affordable senior housing on the Tigard Senior Center site. Northwest Housing Alternatives was selected and is a 501(c) 3 nonprofit,mission-based organization founded in 1982. Mr.Anderson said one of their projects is Creekside Woods senior housing next to the Wilsonville Senior Center which has been operating there for ten years. He said Northwest Housing wants to see this project to completion, keep Council engaged as much as they want, and update them frequently. He has spoken with Tigard Senior Center Manager Adams and will be attending their advisory committee meeting. He said Northwest Housing Alternatives core values are about community engagement, compatible and useful design,affordability, environmental sustainability and equity and they bring this into their discussions. He suggests forming a stakeholder advisory committee to help select a builder. Mayor Snider asked if neighborhood members would be included on the advisory committee and Mr. Anderson said yes. Councilor Newton asked about the schedule and said Council needs to have a sense of the timing so they can respond to community questions on when it is appropriate for them to weigh in and in what venue. Redevelopment Project Manager Farrelly said Mr. Anderson has a schedule sketched out but some of it will depend on obtaining financing. Mr. Anderson said he wanted to start community engagement in September which will help inform their design elements. The first application for funding will be for Metro affordable housing bond funds. Mayor Snider noted that there had been significant concerns from some community members and asked if these had been communicated to the developer so they would be addressed during the project. Mr. Farrelly said the parking issue has been flagged. He said staff will update Council regularly and a lease and development agreement will be coming before Council at a future meeting. Mayor Snider asked who the real estate attorney was since Dan Olsen has retired and staff said the firm of Dunn Carney had been hired and Susan Glen will be representing the City. TIGARD CITY COUNCIL MEETING MINUTES —August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 9 B. COUNCIL LIAISON REPORTS Councilor Newton said she attended National Night Out events. She went to the CDBG Policy Advisory Board meeting and noted that the application cycle will be different next year so she plans to meet with Associate Planner Warren and the Community Development Department regarding this. She said the Tigard Youth Advisory Council is gearing up for the school year. She attended the St. Anthony's Severe Weather Shelter Barbecue. Council President Goodhouse reported on the National League of Cities Transportation Infrastructure Committee concerns such as licensing drones with ID numbers so flight paths are identified. Autonomous vehicle requirements were discussed such as having stripes on the road be more prominent so they can more easily follow the lines. A question yet to be answered is who will pay for this. Another concern identified was cybersecurity related to autonomous vehicles—can they be hacked and turned into weapons? He asked Council to give him any input. He said he attended the Concert in the Park where it was estimated that 3,000 people attended. It got him thinking how that many people could fit (and park near) the Universal Plaza on Burnham Street. Councilor Anderson attended National Night Out. He said the Regional Water Providers Consortium meeting featured a meteorologist who said there is a good water supply this year with good snow pack and the rivers are in great shape. He reported that downtown improvement grants were awarded to a bakery on Main Street and the Eagles Lodge on Commercial Street. Councilor Lueb attended National Night Out. She said the Library Board with its new members will meet tomorrow. The Park and Recreation Board made their annual tour to visit area parks. She noted that she completed her government accounting class and looks forward to bringing that perspective to the council. Mayor Snider reported on highlights of the Metro Mayor's Consortium which was pleased with state legislation to give cities more control over residential speed limits, a slightly modified QBS system where cost can be considered and improvements in auto theft crime prosecution. They were disappointed about HB 2001 which threatens home rule and will create a lot of work for Community Development. He mentioned HB 2415 related to public projects and City Attorney Rihala said Contracts Management Analyst Barrett is aware of it. Staff is unsure of impacts. Mayor Snider attended the ODOT ACT Region 1 meeting and noted that ODOT is speeding up its Highway 217 work. He said NW Cares is the only group that provides evidence-based care for children who may have been abused such as forensic interviewing and standardized processes. For the first time ever they provided more care for Washington County children than Multnomah County children which is a huge change. They are working on placing a facility someplace in Washington County at least for a satellite facility. TIGARD CITY COUNCIL MEETING MINUTES —August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 9 ODOT has constructed 27 of the 35 auxiliary lanes and found that they are effective in bottleneck reduction. They will be looking at a second round so Tigard should be seeing a few more. He also reported on the Washington County Coordinating Committee where he heard discussion about a MAX train tunnel under the Willamette. Administrative Items: City Manager Wine said the Multi-Equity Summit will be held on October 19 and asked Council if any member was interested in serving on the steering committee. Council President Goodhouse volunteered. Fifth Tuesday in October Idea: Hold Police Patrol District office hours where a councilor and an officer set up in a coffee shop in each of the five districts. Staff will identify venues and it will be well advertised. Councilor Newton offered Committee for Citizen Engagement assistance. There may be a joint meeting with Council and the Tigard Chamber of Commerce in September. City Manager Wine will confirm. The US Conference of Mayors is supportive of the trade agreement and the broad feeling locally is to get this done. Council was supportive of sending a letter of support. City Manager Wine said this is important to trade-dependent businesses. Mayor Snider asked that the City Council recognize or honor the centennial of Women's Suffrage next year—date to be verified. Council President Goodhouse said he will be attending Railvolution and will miss the September 10 meeting. 1. BUSINESS MEETING 19 A. At 7:32 p.m. Mayor Snider called to order the City Council,Local Contract Review Board and Town Center Development Agency meeting. B. City Recorder Krager called the roll. Present Absent Youth Councilor Turley ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Snider asked staff and council for any Non-Agenda Items. None. TIGARD CITY COUNCIL MEETING MINUTES —August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 3 of 9 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine said there was none. B. Update from Police Chief McAlpine—The Chief reported there was an uptick in societal crimes such as disorderly conduct and drugs. She noted that the City is still waiting to hear from ODOT before beginning photo red light enforcement. Staff is working on the residential parking permit process,including checking on best practices, and will be meeting soon with the City Manager. She shared information on what the DEA D51 Task Force has been doing. There is one Tigard detective assigned and so far in August, 35 pounds of meth have been seized from a courier from California. The Tigard K-9 narcotics dog assisted with a DEA traffic stop in Tigard which yielded 100 pounds of meth and four kilos of heroin. Drug Interdiction PDX yielded$140,000 and 48 pounds of marijuana intended to be shipped out of state in vacuum bags. She said drugs are carried on the 1-5 corridor and she wanted to raise awareness of the DEA benefit to Tigard. She said members of the DEA D51 Task Force were named divisional employees of the month. One investigation yielded 300 pounds of meth, 17 pounds of heroin and$200,000 in assets. Chief McAlpine noted that two Washington County deputies were shot and Tigard had two hostage negotiators at the scene. Another detective was there to help extract the deputies. C. Tigard Area Chamber of Commerce—CEO Mollahan gave an update on Tigard Chamber of Commerce activities and upcoming events. She asked Council to save the date for the joint City of Tigard/Chamber of Commerce Business Forum on September 11. Recently,there were ribbon cuttings for the Oregon Academy of General Dentistry Foundation, the Break Room food cart pod behind Sherrie's Jewel Box and an upcoming ribbon cutting on August 21 for Workonomy Hub at Office Depot/Office Max. She said the annual Farm to Table Dinner at the Fanno Creek House was successful despite the weather. The Chamber is hiring a quarter-time Assistant Farmers Market Manager and the TDA hired Kelly Marks as its Program Manager. Ms. Mollahan said September 7 is the date for the Street Fair and Latino Festival. There are already 130 vendors signed up. Mayor Snider suggested there be a City Council booth. Councilor Newton asked for the deadline for Leadership Tigard applications and CEO Mollahan said it is September 20. D. Citizen Communication -Mayor Snider called on Art Lewellan who had signed up to speak but he was no longer present. He left written testimony which has been added to the packet for this meeting. 3. CONSENT AGENDA (Tigard City Council) A. RECEIVE AND FILE 1. Council Calendar 2. Tentative Agenda TIGARD CITY COUNCIL MEETING MINUTES —August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 9 B. APPROVE CITY COUNCIL MINUTES • April 23,2019 • June 4,2019 • June 11, 2019 • June 18,2019 • June 25, 2019 • July 16, 2019 Councilor Newton moved for approval of the Consent Agenda. Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ 4. CONSIDER RESOLUTION APPOINTING MEMBERS TO THE LEVY AND BOND TASK FORCE Assistant City Manager Nyland presented the staff report. She said in 2017, seventeen members were convened to a task force to advise council on a voter approved local option levy which was on the May 2018 ballot. They met from July 2017 through April of 2018. The task force was reassembled because a current council goal is to pursue another local option levy. Council is being asked to approve a resolution appointing the new members. Council President Goodhouse moved to approve Resolution No. 19-32. Councilor Newton seconded the motion. City Recorder Krager read the number and tide of the resolution. Resolution No. 19-32—A RESOLUTION APPOINTING AHSHA MIRANDA, LINDA MONAHAN,JOHN ROBERTS,MARC WOODARD AND BRENDA FRANK AS VOTING MEMBERS OF THE LEVY BOND TASK FORCE Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES —August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Pagc 5 of 9 Councilor Newton said she and Councilor Lueb will serve as council liaisons and she looks forward to working with this group. 5. CONSIDER RESOLUTION TO AMEND MASTER FEES AND CHARGES SCHEDULE City Attorney Rihala presented this item and said changes are in three categories. The first reflects recent changes in the names of the applications for development approval in the Tigard Downtown Plan District to make them consistent with updates Council approved in the Community Development Code on July 9, 2019. The second change is updating the charges to clarify requirements in the Urban Forestry Manual by removing bonding for land partitions, subdivisions and street trees. Street trees will be included in the bond for street improvements. This resolution also updates the fees charged for 2-lot and 3-lot land partitions which were inadvertently switched. Changes were also made in the System Development Charge section to replace the "multi-family" category with "other residential dwelling"in the Transportation and Parks SDCs to allow for more flexibility in housing types. This resolution also establishes citywide fees for special event permits and appeals. Councilor Lueb moved to approve Resolution No. 19-33. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution and Mayor Snider conducted a vote. The motion passed unanimously. Resolution No. 19-33 —A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ *Note: During Non-Agenda Items at 8:00 p.m.it was brought to Council's attention that there should have been a public hearing for this item. At that time Mayor Snider opened a public hearing and invited anyone present to testify. No one came forward to speak. City Attorney Rihala said the staff report as presented earlier had not changed. Mayor Snider confirmed that he should conduct a second vote on this resolution. Councilor Newton moved to approve Resolution No. 19-33 and Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES — August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 9 Mayor Snider announced that the Town Center Development Agency was convened for this next agenda item. 6. CONSIDER RESOLUTION AUTHORIZING ISSUANCE OF DEBT SERVICE FOR URBAN RENEWAL PROJECTS Finance and Information Services Director LaFrance presented this item. The City of Tigard will be entering into full faith and credit financing to refinance an existing$1.3 million loan on existing debt sand finance up to $5,495,000 in debt for new projects in the downtown. He said this first action authorizes an IGA with the City of Tigard and delegates authority to the TCDA Executive Director or designee to negotiate the final terms and execute the agreement. Mr. LaFrance said the city has a new financial advisor working with bond council and this action must be taken by September 2,when a balloon payment is due. Based on the advice of the financial advisor,the Universal Plaza project will be funded with taxable debt. This relates to uses that have commercial purposes. He said another key concept for the TCDA Board to understand is the lending of credit. This agreement says debt will be paid by TCDA with taxable funding and some projects cannot be funded directly. In response to a question from Councilor Newton about a list of what will be funded,Mr. LaFrance said the centerpiece is the Universal Plaza,public restrooms for Rotary Plaza, an overlook at Fanno Creek at Main Street,Main Street Green Street second project and additional Fanno Creek Trail lighting. Director Goodhouse asked what sources will be used pay this back. Mr. LaFrance said the urban renewal agency will repay the debt with tax increment revenue. Director Lueb moved to approve TCDA Resolution No. 19-07. Director Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA Resolution No. 19-07—A RESOLUTION OF THE TOWN CENTER DEVELOPMENT AGENCY AUTHORIZING INDEBTEDNESS FOR CAPITAL PROJECTS DESCRIBED IN THE URBAN RENEWAL PLAN FOR THE CITY CENTER URBAN RENEWAL Chair Snider conducted a vote and the motion passed unanimously. Yes No Director Goodhouse ✓ Director Newton ✓ Director Lueb ✓ Director Anderson ✓ Chair Snider ✓ Chair Snider announced that the Tigard City Council is reconvened for the remainder of the agenda. TIGARD CITY COUNCIL MEETING MINUTES —August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov Page 7 of 9 7. CONSIDER RESOLUTION AUTHORIZING INTERGOVERNMENTAL AGREEMENT WITH CITY OF TIGARD TO REPAY DEBT Finance and Information Services Director LaFrance presented this item. This is the second item in this process and if approved,will authorize the City of Tigard to enter into a refinancing agreement and staff to enter into a new agreement to fund $5,495,000 in urban renewal projects. Projects include the Universal Plaza design and construction, Rotary Plaza public restroom, Fanno Creek Overlook,Main Street Green Street contribution and Fanno Creek Trail lighting. The urban renewal agency board agreed to pay this debt using tax increment revenues in the previous agenda item. Staff recommends approval of the resolution. Mayor Snider commented on the importance of this agreement, saying he has been on the council since 2013 and acknowledged there were others in the room that were on council even earlier. He said it is exciting to those involved that the City will now be allowed to make the downtown even more desirable as a place where people want to be. Councilor Anderson moved to approve Resolution No. 19-34. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Snider conducted a vote and the resolution passed unanimously. Resolution No. 19-34—A RESOLUTION OF THE CITY OF TIGARD, OREGON AUTHORIZING FINANCING AND REFINANCING OF CAPITAL PROJECTS DESCRIBED IN THE URBAN RENEWAL PLAN FOR THE CITY CENTER URBAN RENEWAL AREA Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ 8. CONSIDER AWARD OF ROTARY PLAZA RESTROOM PURCHASE CONTRACT Senior Management Analyst Barrett and Jeff Peck Engineering Project Manager presented this agenda item. This contract is the second piece of a double restroom to be installed at Rotary Plaza. Funding for this project will come before Council in the first quarter supplemental budget. Councilor Newton asked if staff had more assurance that there would be enough in the urban renewal fund and Senior Management Analyst replied that he was not sure. Council President Goodhouse said this restroom has been a much-requested plaza amenity to the plaza. Council President Goodhouse moved to award the Rotary Plaza restroom purchase contract and Councilor Lueb seconded the motion. Mayor Snider conducted a vote and announced that the motion passed. TIGARD CITY COUNCIL MEETING MINUTES —August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 9 Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ 9. NON-AGENDA ITEMS *City Attorney Rihala said there should have been a public hearing for consideration of the changes to the Master Fees and Charges Schedule, so she recommended redoing Agenda Item No. 5 by opening a public hearing and reconsidering the resolution. See Item 5 above. 10. EXECUTIVE SESSION: At 8:10 p.m. Mayor Snider read the citation that the Tigard City Council was entering into an executive session to discuss the work-related performance of the chief executive officer under ORS 192.660(2)(i). He said the City Council would adjourn from the Red Rock Creek Conference Room at the end of the Executive Session. The Executive Session ended at 8:38 p.m. 11. ADJOURNMENT At 8:38 p.m. Councilor Lueb motioned for adjournment. Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES —August 13, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 9 of 9 9 ,� City of Tigard Tigard City Council Meeting Minutes � September 10, 2019 H STUDY SESSION Council Present: Mayor Snider, Councilors Newton,Anderson,Lueb and Turley. Council Absent: Council President Goodhouse Staff Present: City Manager Wine,Assistant City Manager Nyland, City Attorney Rihala, HR Director Bennett and City Recorder Krager A. DISCUSS CITY MANAGER PERFORMANCE EVALUATION CRITERIA HR Director Bennett led a discussion on the process and criteria for the 2019 city manager evaluation which will be conducted in December. She noted that for the 2018 process a consultant was used but in prior years the HR Director gathered the input and managed the logistics of the evaluation process. Blank forms used in city manager evaluations since 2013 were attached to the agenda item summary for discussion purposes. She requested council input on what process they wished to see. One weakness council identified was how the consultant weighted the comments. Some individual comments that may have been helpful did not appear in the group results. Councilor Lueb said it is important to make sure it is done as a group. HR Director Bennett said she will collate and send back out the 360-degree, city council and outside evaluations. HR Director Bennett distributed potential questions and noted that many external partners had left their jobs or were new hires recently. Mayor Snider suggested a question for external partners could be, "What could Tigard's City Manager do differently that would help your organization achieve its goals while working with the City of Tigard?" Councilor Lueb suggested wording that rates fostering an environment to be an approachable city to partner with. City Manager Wine said her observation is that the reason the evaluation form changed every year was that we were looking for ways to strike a balance between performance information and how she can support the goals of the city. She was not sure adding a facilitator to the process added to the value of striking that balance. Her goal is to get feedback that she can understand consistently and be able to carry out in terms of Council's expectations. In response to a question from Mayor Snider about whether having one voice would be helpful, she said it would be. TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 9 Councilor Newton said she wanted to see goals that were measurable. Councilor Lueb will get her feedback and guidance and give it to HR Director Bennett by October 7. Council will review the evaluation forms in the October 22 Study Session. Councilor Newton said the city attorney could benefit from goals too and since she works closely with staff, they could help create these goals. HR Director Bennett said she will add this to the 360- degree review. Mayor Snider recommended not doing the city attorney and city manager evaluations at the same time. He suggested acting on the pay within the promised timing. HR Director Bennett said Council said they would evaluate the city attorney this time of year and act on any pay changes in December, but the evaluation could be done in January. Councilor Lueb said it would be preferable to have the evaluation and pay discussion at the same time and change the schedule in 2021. Council did not feel a consultant was necessary and will work with HR Director Bennett on the evaluation process. Council wants input from external partners and direct report staff. B. COUNCIL LIAISON REPORTS Councilor Lueb spoke about the Tigard Street Fair and Latino Festival and shared a comment overheard as a family was leaving.A little girl saw her and asked her dad if they knew her and if she was a friend. The man answered, "We live in Tigard and Tigard is a community and everybody here is our friend." She said this is reflective of the efforts we are trying to make in the community. Mayor Snider said council has been trying to create positive interactions with citizens. He said he got a lot of positive feedback at the Street Fair on where the city is going and the tone set by the council. He relayed a test message he received on Sunday, "It's easier for me to text you than figure out how to email the mayor. I just want to tell you how much I love the energy in Tigard. I really feel a different energy from our city government from the light-hearted, sometimes comical messages on the sign at City Hall, to the communications of many forms to we citizens,to the obviously strong presence of the City of Tigard and the council and mayor at so many city functions. Tigard has never had this much facetime to the public as they do now and I think it is amazing. I am not a fool. I know that you guys have a lot of big issues and items on your plate,but I love seeing how my city handles everything. Please feel free to pass this on to anyone who you think should see it." Mayor Snider said this summarizes well the feedback we're getting. He suggested the City not just rest on its laurels but stay on it and continue creating the community we want to have. Councilor Anderson said the Heritage Trail Art Selection Committee received grants equaling $35,000 for art. He noted that he has a schedule conflict on October 11 for the Regional Water Providers meeting which is on the same night as the Joint Chamber/City Council event. He will check the agenda to see if he needs to be there but will most likely attend the Chamber event. Councilor Newton reported on the Tigard Youth Advisory Committee. Emilio Calderon is their new president. Representative Doherty wants a conversation with youth and asked for topics. They identified stress/anxiety and climate change concerns. TYAC projects include Main Street cleanup, TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 9 making blankets and cooking dinner for Good Neighbor Center residents. She attended the Community Roundtable and spoke on how Council is getting out in the community and the benefits received. Youth Councilor Turley said school is back in session. She said a teacher asked if the City Council could mandate personal finance classes. She directed him to the Tigard-Tualatin School District as the City Council does not control curriculum. Mayor Snider noted that he continues to receive a fair number of media inquiries regarding the SW Corridor. He said full funding is unlikely. 1. BUSINESS MEETING U A. At 7:30 p.m. Mayor Snider called the City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Turley ✓ Council President Goodhouse ✓ Councilor Newton ✓ C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—There were none. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None B. Update from Police Chief McAlpine Chief McAlpine discussed recent things happening at Washington Square Mall. There were two "flash rob"incidents where a distraction tool is created to cover a robbery. There has been some escalation in shoplifters assaulting or showing guns when contacted by loss prevention. The Commercial Crimes Unit is on top of this and coordinates the response resource. The T-Mobile and Lululemon robbers were from Washington state and others came in from Wilsonville or Portland. TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 9 The Chief said they are waiting for paperwork from Conduent's photo enforcement installer. It will be staggered, starting with Hall Boulevard, 72"dAvenue and then Durham Road. It takes about two weeks to install and do the software and engineering construction. She showed a photo enforcement slide and updated Council that ODOT approved only two approaches on Durham. In response to a question from Mayor Snider, Chief McAlpine said ODOT did not approve the southbound through-movement approach towards Sherwood because the speed change was too sudden and it would be too much like a trap. She noted that all three approaches requested on Hall Boulevard were approved. One approach on 72"d Avenue was not approved because future construction will mitigate the intersection issue. Councilor Newton commented on the number of police staff at the Street Fair and Latino Fest. Chief McAlpine said they had many good discussions with citizens. She added that they were also at the Movie in the Park which is another great opportunity to hold conversations about police staffing. They received good feedback on the visual material regarding police coverage. Mayor Snider said people are shocked when minimum patrol staffing is discussed. —CEO Mollahan will give her report at the September 24 council meeting. D. Citizen Communication—Sign-up Sheet. No one signed up to speak. 3. CONSENT AGENDA (Tigard City Council) A. RECEIVE AND FILE 1. Council Calendar 2. Tentative Agenda B. PROCLAIM CONSTITUTION WEEK C. PROCLAIM DOMESTIC VIOLENCE AWARENESS MONTH Councilor Anderson moved to approve the Consent Agenda and Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse (Absent) Councilor Newton ✓ TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 9 4. CONSIDER RESOLUTION OF SUPPORT FOR DLCD (DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT) TECHNICAL ASSISTANCE GRANT Associate Planner Warren presented this item and said staff is beginning work on a project called Employment Lands Tomorrow which will make sure Tigard remains competitive for economic development opportunities. The work is being started now so the city can be prepared for impacts of the SW Corridor light rail line, potential inclusion of employment lands in the urban growth boundary expansion and the changing landscape in commerce and industry. The project will involve careful examination of the policies under Goal 9 of the Comprehensive Plan,the zoning of commercial and industrial areas and development code regulations that apply to employment lands. Statewide planning rules require certain tasks including a buildable lands inventory, and an economic opportunity analysis. Tigard staff last performed this work in 2011 and looks at these analyses not as requirements,but as opportunities. The work approach will be more innovative,with less emphasis on current data and more focus on a wholistic look at changing needs of area employers. The DLCD has released a call for technical assistance grant applications. The city is seeking a grant for$30,000 to support this work program and is providing$10,000 in matching funds from the Community Development professional services budget. This resolution of support from Council is a required submittal element for the grant proposal. Councilor Anderson asked if the grant would be used for staff time. Associate Planner Warren said it is flexible and could be used for staff time but the project proposal would use the money to hire an economic opportunity consultant to do the analysis and there are a number of firms that specialize in this work. Councilor Lueb said this is a great opportunity to get interesting information as the city continues to look at its policies and code. Councilor Newton noted that task forces were mentioned and asked if he planned to involve the business community. Associate Planner Warren said there is a proposed stakeholder wish list consisting of commercial real estate professionals,business owners, developers, and workers. In response to questions from Councilor Newton,Associate Planner Warren said$10,000 is the required match and it is budgeted. Councilor Anderson said the buildable lands inventory is very important and he was involved with the one done in 2011. He suggested looking at properties that are not serving their highest and best use as residential. There has been a lot of residential built recently and there may be gems out there that are worth looking at for other purposes. Councilor Lueb moved to approve Resolution No. 19-35 and Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 19-35—A RESOLUTION OF SUPPORT FOR A TECHNICAL ASSISTANCE GRANT FROM THE DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT TO CONDUCT A BUILDABLE LANDS INVENTORY AND ECONOMIC OPPORTUNITIES ANALYSIS IN SUPPORT OF THE TIGARD EMPLOYMENT LANDS TOMORROW PROJECT TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 9 Mayor Snider conducted a vote and Resolution No. 19-35 was approved unanimously. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse (Absent) Councilor Newton ✓ 5. RECEIVE UPDATE ON TIGARD ECONOMIC DEVELOPMENT Economic Development Manager Purdy gave an update and brief overview of some near-term economic development projects. He said he was pleased to be back in the Economic Development Manager position and wants to build on previous success. He said the enterprise zone,vertical housing zone, Hunziker development, the Heritage Trail and even the Taste of Tigard are examples of improved relationships between city hall and the business community. He said his goal is to reintroduce some key programs that did not have the staff to continue,in order to strengthen the local economy, build relationships and bring the private sector in to partner with the City on its strategic vision. Mr. Purdy said he will be working with other Community Development staff on projects that set a foundation for a resilient,inclusive and sustainable local economy. The planning work for Tigard Triangle sets the tone for successful economic development in the future. Mr. Purdy said he will be working with Senior Planner Shanks on the Washington Square Regional Center update. This will be different from initial economic development work because the enterprise zone the city created is up and running and returning benefits to the businesses, community and workforce. The heavy lifting phase of the Hunziker project is complete; there is only a small segment of road left to build. It produced opportunities for affordable housing and set a foundation for more private sector development. The Heritage Trail is under construction and the Vertical Housing Development Zone is paying dividends. He said he intends to reconvene the Bankers,Brokers and Builders Network and would also like to reconvene the CEO Roundtable, expanded to include more business sectors and encourage them to work together. Mayor Snider asked what he thought of the council goal that asked for the Economic Development Manager position to be brought back in order to achieve these programs. Mr. Purdy said he was pleased to see that the Council Goals supported economic development work. Mayor Snider asked if there were any goals he was concerned about. Mr. Purdy said potentially there were,but he needed to do more study on the costs of implementing some of the projects. Councilor Newton said based on what she heard on the campaign trail it is important to continue the Business Roundtable and expand the City's connection to the business community. She noted that several programs and activities that Economic Development Manager Purdy initiated have paid amazing dividends. She suggested giving the business community an opportunity and facilitated venue to weigh in on proposed state legislation they are interested in pursuing so we can work together as partners. TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 9 Councilor Anderson said the Bankers, Brokers and Builders Network is a great idea. He said it is helpful to have a contact that Council can refer questions to. Councilor Lueb said it is important to support the businesses because they are an important part of our community. She said she looked forward to finding ways to continue supporting the business community. 6. RECEIVE QUARTERLY UPDATE ON CITY COUNCIL GOALS City Manager Wine said the City Council met in February of 2019 and discussed their goals for the next two years. Staff used to provide a written report but learned through conversations with Council that a better way would be to discuss the goals together and also receive a look ahead so Council will know from a work-planning standpoint what to expect. She said this format is a work in progress and requested feedback on content and ways staff can report in the future. The performance audit will be received in one month and a key recommendation is that there be greater alignment between Council goals, the strategic plan and work done within the departments. City Manager Wine presented a slide show on each goal,what has been accomplished and a look ahead. Goal 1: Ensure the City's financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community. This goal is about pursuing a local option levy and/or bond in 2020. Accomplishments include progress in scoping, outreach plan, a lot of levy communication and specifying the details of the levy. The Look Ahead includes more outreach, a City Report Card,message testing, surveys and a council vote on referring a levy in January. City Manager Wine said staff will advise Council monthly on outreach progress made and input received. Councilor Newton reminded everyone that these are two-year goals. Goal 1 is very time-intensive. Some goals will move quickly and progress may not be made on others yet. A timeline may be helpful in the future for the community. Mayor Snider said he felt Goal 1 was on track and it was going well. He said Council, staff and the community are all doing their part. City Manager Wine said there will be a convergence of information on the levy and Council will be asked if there is anything in the proposal that they want to change, such as the election date. Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. City Manager Wine listed many of the projects underway including Tigard Street Heritage Trail groundbreaking,Triangle Equitable Urban Renewal Strategy,Triangle stormwater implementation, design/owner's rep for Universal Plaza,and Main at Fanno Creek Project plan approval. The Look Ahead includes the Parks System Master Plan, Main Street Green Street Phase 2, and beginning the update to the Transportation System Plan. Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner. TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 9 City Manager Wine said Goal 3 is all about how Tigard is going to grow,including planning for South River Terrace and River Terrace West,more affordable housing, and seeking future employment lands. She reported that negotiations are underway with the development partner for concept planning for both South River Terrace and River Terrace West. Staff reached agreement on many terms and will be coming to Council in September for approval to use staff resources to manage the project. A Metro concept planning grant was awarded. The Affordable Housing Plan was adopted in June. SDC waivers for affordable housing were approved. She noted for the Look Ahead that Tigard is likely to be seeking joint entitlement status for the Community Development Block Grant program. Councilor Newton said she understood this would not happen until early 2020. Goal 4: Enhance two-way communication to understand community priorities and involve the community in the decision-making process. City Manager Wine said this goal is about hearing from and engaging the community. She listed many engagement efforts taking place this summer. Council Connections and Your Tigard digital engagement were launched. DEI and volunteerism efforts have come from the city's strategic plan and are underway. The Look Ahead includes increasing Latinx outreach,relaunch of the Business Roundtable, the Multi-city Equity Summit in October,plans for two annexation listening sessions for Metzger and Bull Mountain and DEI training for Council. Goal 5: Enhance walkability and pedestrian connectivity City Manager Wine said objectives focus on enhancing walkability and pedestrian activity with projects that can be achieved in the next two years. The draft ADA Transition Plan was developed with focus group input. The 6-year Capital Improvement Plan exceeded the planned expenditure standard set in this goal. There were many project milestones in the Ped/Cyclist Connections project, Complete Streets,PMP improvements and others. The Metro RTO Grant award for Safe Routes to Schools will continue the program and some back to school events. SRTS projects were identified for the local option levy. The Look Ahead includes ADA Plan adoption, a sidewalk infill study, a Complete Transportation Safety Action Plan and the Transportation System Plan project kickoff. Mayor Snider suggested that advocating for Senate Bill 558 is also a part of Goal 5. City Manager Wine said Council advocated for this bill which allows cities to lower speed limits for certain roads. She said staff will be coming back to ask the Council for guidance on where they want to change the speed limits. Councilor Lueb said she wants the accomplishments to remain in the report because it shows the community that progress has been made. She commented that excellent progress has been made on a lot of goals and she thanked the staff for their work. Councilor Newton said this is a lot of information but she likes showing the accomplishments and the Look Ahead on the same page so people realize we cannot do this much on each goal each quarter. She wants to remind people how much is connected to the goals,like how it is done in the CIP. She noted that the PowerPoint was more helpful to her than the attachment format. TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 9 Councilor Anderson said he liked the formatting and really appreciated the Look Ahead. Mayor Snider said getting the goal, accomplishments and Look Ahead on two slides was impressive. He liked this format and asked City Manager Wine to share with staff his appreciation for the hard work done to accomplish this much. 7. NON-AGENDA ITEMS There were none. 8. EXECUTIVE SESSION None was held. 9. ADJOURNMENT At 8:29 p.m. Councilor Newton moved for adjournment. Councilor Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse (Absent) Councilor Newton ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES — September 10, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 9 AIS-4015 3. C. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): Consent Item Agenda Title: Proclaim Small Business Saturday 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 Snider proclaim Small Business Saturday for the Saturday after Thanksgiving? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY This national holiday,which was first celebrated in 2010, calls to attention the importance of shopping at the small businesses that serve as the backbone of the American economy and our local communities. Each year, Small Business Saturday draws crowds to main streets across the country with great deals on unique products and services, events that encourage shopping locally, and unique experiences that introduce you to commonly valued neighbors. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. DATES OF PREVIOUS COUNCIL CONSIDERATION This proclamation was first issued in 2013 to support Main Street businesses. Attachments Small Business SaturdaN- CIN +} SMALL BUSINESS SATURDAY Whereas, Small Business Saturday is dedicated to supporting the diverse range of local businesses that help create jobs, boost the economy, and keep communities s thriving across the country; and Whereas,Tigard celebrates its local small businesses and the contributions they make to our economy and community, and Whereas,small businesses offer shoppers unique products and experiences that aren't typically found elsewhere, and successful small businesses enhance the l- livability of Tigard; and i Whereas,small businesses contribute positively to the Tigard economy by supplying jobs and generating tax revenue; and Whereas,on average,for every dollar spent at local small businesses 67 cents stays in the local community making small businesses critical to the overall economic health of the city; and Whereas, in 2018 U.S. consumer spending reached a reported high of$17 billion at independent retailers and restaurants on Small Business Saturday; and Whereas, shopping on the Saturday after Thanksgiving supports neighborhood businesses and expands their ability to create jobs, boost the local economy and preserve and enhance neighborhood character and livability. NOW THEREFORE BE IT RESOLVED that I,Jason B. Snider, Mayor of the City of Tigard,Oregon,do hereby proclaim Saturday, November 30,2019 as, SMALL BUSINESS SATURDAY s' in Tigard,Oregon and encourage people throughout the city to shop locally in support ` . X`• of neighborhood merchants and celebrate the role these entrepreneurs play in the a }: growth of our community. Dated this day of , 2019 t r IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. I Jason B. Snider, Mayor Attest: City of Tigard Carol A. Krager, City Recorder 1 AIS-3952 4. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): 30 Minutes Agenda Title: Joint meeting with the Tigard Transportation Advisory Committee (TTAC) Submitted By: Kelly Burgoyne, Central Services Item Type: Joint Meeting-Board or Other Juris. Meeting Type: Council Business Meeting- Main Public Hearing: No Publication Date: Information ISSUE This is the joint meeting of the Tigard Transportation Advisory Committee (fTAC) and the Tigard City Council as described in the TTAC Bylaws Section XI, Item C. STAFF RECOMMENDATION / ACTION REQUEST No action. Discussion only. KEY FACTS AND INFORMATION SUMMARY The Tigard Transportation Advisory Committee (TTAC) meets annually with the City Council to share information and receive feedback regarding Council priorities for TTAC. The TTAC is staffed by Dave Roth (Community Development) and Tegan Enloe (Engineering), and is currently chaired by Kevin Watkins. The perspectives of TTAC members represent a diverse but mutually-supported range of viewpoints. The committee plans to provide a brief summary of the past year with highlights of(1) Role and contribution to Tigard's Complete Streets Policy, (2) Role in providing input and prioritization of transportation capital projects for the CIP, and (3) Pedestrian and Bicycle Subcommittee activities. TTAC members will also share their high-level goals for the year ahead,with a particular focus on implementation of the Complete Streets Policy and involvement in the update of Tigard's Transportation System Plan. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard Strategic Vision: to be the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. Tigard Complete Streets Policy (adopted June, 2019) TTAC Bylaws (2019): SECTION I. CHARGE AND DUTIES D. TTAC serves in an advisory role to staff and Council on a broad range of relevant transportation issues reflecting city priorities and work program capacity, which may include, but is not limited to: 1. Complete Streets Policy implementation 2. Project prioritization for funding in the Capital Improvement Program 3. Preparation of multimodal transportation system plans and corresponding transportation financing/capital investment programs 4. Developing funding mechanisms and sources to implement transportation projects 5.Traffic safety 6. Input on project development and concept design DATES OF PREVIOUS COUNCIL CONSIDERATION The Tigard Transportation Advisory Committee (TTAC) previously held its annual joint meeting with the City Council on: •September 16, 2014 •October 20, 2015 •October 18, 2016 •October 24, 2017 •December 11, 2018 Attachments TTAC 2019 Annual Report PPT Annual Report to Tigard City Council Tigard Transportation Advisory Committee (TTAC) November 12, 2019 What is TTAC? • The Tigard Transportation Advisory Committee (TTAC) is one of Tigard's 15 Boards and Commissions • Committee consists of 11 members and 2 alternates • Meets 1St Wednesday of each month to advise staff and Council on a broad range of transportation issues including: • Complete Streets Policy implementation, • Project prioritization for the Capital Improvement Program, • Transportation system plans, • Funding, • Safety Issues, and • Transportation project development. Topics • 2019 Calendar & Year in Review 2020-25 CIP Priorities • Pedestrian & Bicycle Subcommittee • A Look Ahead to 2020 • TTAC Member & Alternate Comments TTAC Year in Review • Complete Streets Policy • Cornerstone of equitable transportation development and decision-making • TTAC is charged with oversight of Implementation Plan • Recommended policy adoption at n the May 2019 meetinglot, WW ` • Transportation Capital K Improvement Plan (C • 6-year plan for capital expenditures - on transportation projects • Driven by objective prioritization methodology • TTAC advises staff on project priorities every other year during development of CIP TTAC 2019 Planning Calendar (11/6/2019) Meeting Actions/Main Topics January 2 Transportation planning work plan; Complete Streets Policy February 6 Complete Streets Policy; elections March 6 Planning session; Creating Safer Streets (video) April 3 DRAFT Complete Streets Policy/Implementation Plan presentation May 1 Action: Complete Streets Policy/Implementation Plan June 5 SW Corridor(SWC) & Regional Transportation Bond presentations July 3 (Cancelled) August 7 CIP prioritization preparation; 72nd Ave. Design Update September 4 Action: TTAC By Laws Revision (re Bike/Ped Sub.); Proposed CIP projects presentation October 2 Action: CIP Projects Prioritization; SWC Project Update November 6 Council meeting preparations (Nov 12); Committee planning/2020 December 4 (Cancelled) CIP Project Prioritization Categories • Priority 1 — Highest priority for completion within 6-yr. planning timeframe. Acquire & allocate resources (e.g.., staffing, funding) to complete projects within 6 years. • Priority 2 — Take .steps- to complete projects using resources not allocated to Priority �. • Priority 3 — Tape steps to complete projects using resources not allocated to Priority 2. PriorityProjects1 CIP • Walnut St. — Complete Street (Tiedeman - 99W) • N. Dakota St. — Sidewalks (Gallo - 121st) • 121 St Ave. — Complete Street (Walnut - N. Dakota) • Bull Mtn. Rd. — Ped Crossing (@ Alberta Rider ES) • Fanno Cr. Trail — Completion (Bonita — Tualatin R.) • 72nd Ave. — Improvements (Tigard Triangle) Pedestrian and Bicycle Subcommittee • Originally formed in 2010 to focus on and provide feedback to staff on pedestrian and bicycle issues in Tigard TES1! TjM0 '�L • 2019 Year in Review AIYSpORgNYlol T°�OQ8:30 ply! • February: Pedestrian and .ro4 8ii SW Hao Blvd. Bicycle Legal Clinic Becoitle�effecuread,.C.te for transportation pro' P:n•„ded yt, leets! book C"'.'"8-rd if[ �R1SiR ts • AVM: Testimony 101 JA , Training F ^� ► \/f • FEB TwtTj g.�'7`^Esc aW 2 1 Cay o'TgMO ole9oa 1 � *Musa *nu(sdsY Fe0N2h 21 2019 x0.6 00 P"-7 00 PM P5T . 9tp.NaP -qm0 P�W L"INY A Look Ahead to 2020 • Integration of Ped & Bike Subcommittee into TTAC • Facilitated by update of TTAC bylaws requiring representation from self-identified ped/bike/transit advocates • Complete Streets Policy Implementation • Staff to work with TTAC on developing work plan with implementation priorities • Transportation System Plan (TSP) Update • TTAC will play key role in TSP update process starting in early 2020 TTAC Comments Opportunity for dialogue with Tigard City Council AIS-4011 5. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): 20 Minutes Agenda Title: Consider Resolution Transferring Frontier Communication Cable Franchise Agreement to NW Fiber, LLC Prepared For: Louis Sears Submitted By: Louis Sears, Finance and Information Services Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Tigard City Council approve a resolution transferring the cable franchise from Frontier Communications to NW Fiber,LLC? STAFF RECOMMENDATION / ACTION REQUEST Adopt the resolution to transfer the cable franchise from Frontier Communications to NW Fiber, LLC. KEY FACTS AND INFORMATION SUMMARY MACC administers the Cable Television franchise agreements for 15 jurisdictions in Washington and Clackamas counties. Administration of the agreements include MACC assisting consumers with disputes with any of the franchise cable companies. MACC also runs TVCTV which telecasts the city council meetings of the 15 MACC jurisdiction and creates original custom content for Public, Education and Government (PEG). Franchised cable companies provide channels for the public to view the council meetings and original content. Lastly,MACC provides a high speed network that links agencies in MACC together for data sharing. Key facts relating to the transfer of the franchise from Frontier Communications to NW Fiber LLC include: 1. The 11 MACC affected jurisdictions are the cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Lake Oswego, Rivergrove,Tigard,Tualatin and Washington County. 2. All 11 MACC affected jurisdiction must approve the cable transfer request for the transfer to take effect. Failure to approve the transfer by any single of the 11 jurisdiction effectively vetoes the approval for all jurisdictions. 3. MACC staff recommends the approval of the cable franchise transfer. 4. MACC commissioners voted 10-1 for approval of the cable franchise transfer. City of Banks voted against the transfer. MACC Resolution 2019-02 approving the transfer is attached to this agenda item. 5. Frontier serves approximately 12,000 subscribers in the MACC area, providing less than 15% of the cable franchise revenue received by all 15 MACC member jurisdictions. OTHER ALTERNATIVES Not to grant the transfer of the cable franchise agreement from Frontier Communications to NW Fiber, LLC by not approving the resolution. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION City Council approved the transfer of the franchise cable agreement from Verizon to Frontier on January 12, 2010. Fiscal Impact Cost: 0 Budgeted (yes or no): N/A Where Budgeted (department/program): N/A Additional Fiscal Notes: If all MACC jurisdictions do not agree to the franchise transfer, this could result in the interruption of cable service and lost franchise fees to the City of Tigard. Attachments Resolution MACC Res.2019-02 Recommending Approval Exhibit B Final Staff Report MACC Board Meeting Minutes-10-1-2019 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF THE FRANCHISEE AND OF THE CABLE FRANCHISE GRANTED TO FRONTIER COMMUNICATIONS CORPORATION TO NW FIBER,LLC,WITH CONDITIONS WHEREAS, the Metropolitan Area Communications Commission ("MACC" or the "Commission,") is an intergovernmental commission formed under ORS Chapter 190, with the membership of Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove,Tigard,Tualatin and West Linn; and WHEREAS, certain MACC jurisdictions granted cable television franchises to Verizon Northwest, Inc. ("Franchisee"), a subsidiary of Verizon Communications, Inc., in 2007 for a period of 15 years ("Franchises");and WHEREAS, the jurisdictions that granted the Franchises to Verizon are Washington County and the cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Lake Oswego, Rivergrove, Tigard and Tualatin (the "Affected Jurisdictions"); and WHEREAS, in 2009, the Affected Jurisdictions approved the transfer of the Franchises from Verizon to Frontier Communications Corporation as Frontier Communications Northwest, Inc., which then became the Franchisee;and WHEREAS, on July 19, 2019, MACC received a Federal Communications Commission Form 394 Application ("Application") by which Frontier Communications Corporation, the corporate parent of Franchisee, and Northwest Fiber, LLC ("Northwest Fiber" or "Transferee") requested approval from MACC and the Affected Jurisdictions of a proposed transfer of control of the Franchisee and its Franchises to Northwest Fiber;and WHEREAS, following the completion of the transactions constituting the transfer of control, Northwest Fiber would assume control of the local cable operations of the Franchisee, but must also secure certain other facilities and agreements to provide a comparable cable service to that currently provided by Franchisee;and WHEREAS, federal law and Section 11 of the Franchises authorize MACC and its member jurisdictions to review any proposed transfer of control, including the proposed transaction as described in the Application and as clarified in answers to questions presented by MACC to the Franchisee and Northwest Fiber to determine the impact on the proposed Franchisee's ability to perform the Franchise obligations based on the legal, financial, and technical qualifications of the Transferee; and WHEREAS, Section 11 of the Franchises also authorizes MACC and its member jurisdictions to condition approval of a transfer upon such terms and conditions as they deem reasonably appropriate within the legal, financial, and technical framework provided by the Franchises and federal law;and RESOLUTION NO. 19- Page 1 WHEREAS, MACC has reviewed the materials provided by the Franchisee and Northwest Fiber in the Application and in response to requests for information originally provided to Northwest Fiber on August 6, 2019, and subsequently revisited and further investigated on numerous occasions through September 30, 2019;and WHEREAS, the review now being completed except for certain issues necessarily addressed in a prospective manner through conditions, the MACC Commission adopted Resolution No. 2019-02 recommending the Affected Jurisdictions approve the Application, provided those conditions and assurances are obtained from Frontier and Northwest Fiber,which Resolution is attached here as Exhibit A; and WHEREAS, pursuant to Section 4(E) of the MACC Intergovernmental Agreement, final approval would be granted only if all eleven Affected Jurisdictions also approve the Application as recommended by MACC; and WHEREAS, MACC conducted a duly noticed public hearing concerning the proposed transfer on October 1, 2019; WHEREAS, the Tigard City Council deems it to be in furtherance of the public interest and the welfare of its citizens to consent to the transfer request, subject to appropriate conditions. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Legal, Technical and Financial Qualifications of the Transferee. MACC has found that the Franchisee and Transferee have the necessary legal, technical and financial qualifications to perform the required duties under the Franchise Agreement, provided certain conditions are imposed on the proposed transfer of control. SECTION 2: Consent to the Transfer of Control. The Tigard City Council hereby consents to the transfer of control of the Franchisee and of the Franchises as set forth in the Federal Communications Commission Form 394, subject to the conditions set forth in Section 3, below. SECTION 3: Conditions to the Transfer of Control. The approval of the proposed transfer of control shall not take effect until such time as each of the following conditions is met: 1. All eleven MACC Affected Jurisdictions approve the transfer of control. 2. The Frontier Communications Corporation/Northwest Fiber, LLC transaction ("Transaction")must close with all material terms substantially consistent with the Transition Services Agreement submitted as Exhibit B to the MACC Request for Information of August 6, 2019, as well as the information provided to MACC or the Mount Hood Cable Regulatory Commission ('MHCRC'� in public documents and responses to Requests for Information submitted by MACC and the MHCRC by May 28,2020. If the Transaction does not close as described in this paragraph, then the Affected Jurisdictions' consent to the transfer shall be void and of no force or effect, and the transfer request deemed to have been timely denied, unless otherwise agreed by Northwest Fiber and the Affected Jurisdictions. Frontier, Northwest Fiber and the Franchisee hereby waive any and all claims that they may have that any denial of the transfer request that results from failure of the conditions in this paragraph fails to satisfy the deadlines established by applicable law including,without limitation, claims RESOLUTION NO. 19- Page 2 based on,arising out of,or relating to 47 U.S. C. section 537, as amended,and agree that they shall be deemed to have agreed to an extension of the time to act on the transfer request as required to make any denial effective. 3. The Transaction is approved by any required federal or state agency and any local government requiring approval. 4. In all respects and without exception, Northwest Fiber and Franchisee agree and acknowledge that the transfer of control will not affect, diminish, impair or supersede the binding nature of the existing valid ordinances, settlement agreements, side letters, regulatory actions, franchises, resolutions, and agreements applicable to operation of the cable system (including but not limited to payment of franchise fees and other amounts due under the Franchise, non-compliance issues and indemnification as provided in the Franchise) whether prior to or subsequent to the date of the control of the Franchise and Franchisee were transferred to Northwest Fiber. Northwest Fiber shall at all times cause Franchisee to comply,and Franchisee shall comply,with all of the above. 5. In lieu of the current obligations of the Franchise Section 13.6, "Letter of Credit," Franchisee, under the control of Transferee, provides and maintains an irrevocable letter of credit or performance bond in a form acceptable to MACC in the amount of$250,000 to secure the faithful performance by Franchisee of all material provisions of the Franchises through the end of the current Franchise term. In addition, Northwest Fiber will execute a guarantee of Franchise performance in substantially the form attached as Exhibit B within ten (10) days of the close of the Transaction. 6. Frontier has paid MACC all reimbursement costs due as a result of review of the transfer of control application, consistent with the separate agreements concerning those costs, up to$15,000,which may be offset against future Franchise fees by Franchisee. 7. Transferee provides current contact information for notice recipients under Section 16.5 of the Franchise. 8. MACC and its Affected Jurisdictions' consent to the transfer of control shall not be construed to constitute a waiver or release of any rights they may have under the Franchise and any separate written agreements with the Franchisee and Franchisee's lawful successors. 9. No later than November 1,2019,Transferee will provide MACC with a progress report of its acquisition of linear broadcast content, including a listing of national and local content providers with which: (1) Transferee has signed agreements; (2) Transferee has pending agreements being negotiated; and (3) Transferee is pursuing agreements. Transferee will use commercially reasonable efforts to enter into such agreements with linear broadcast vendors representing at least 75% of the linear broadcast channels provided by Frontier on its channel lineup labeled as Prime HD as of the closing of the transaction. 10. Transferee acknowledges these conditions of approval of the transfer of control in writing no later than November 1,2019. SECTION 4: Authorization to Execute and File Resolution. The Mayor and his designees are authorized to execute and file a copy of this Resolution with MACC. RESOLUTION NO. 19- Page 3 SECTION 5: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 4 METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 2019-02 A RESOLUTION RECOMMENDING APPROVAL BY THE AFFECTED MACC MEMBER JURISDICTIONS OF THE TRANSFER OF CONTROL OF THE FRANCHISEE AND OF THE CABLE FRANCHISES GRANTED TO VERI7.ON NORTHWEST, INC. IN 2007,AND TRANSFERRED TO FRONTIER COMMUNICATIONS CORPORATION IN 2009, NOW TO NORTHWEST FIBER, LLC, WITH CONDITIONS WHEREAS, the Metropolitan Area Communications Commission, hereinafter "MACC," is an intergovernmental commission formed under ORS Chapter 190, with the membership of Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove,Tigard,Tualatin and West Linn; and WHEREAS, certain MACC jurisdictions granted cable television franchises to Verizon Northwest, Inc., ("Franchisee") a subsidiary of Verizon Communications, Inc. in 2007 for a period of 15 years; and WHEREAS, the jurisdictions that granted the franchises to Verizon are Washington County and the cities of Beaverton,Cornelius, Durham, Forest Grove, Hillsboro, King City, Lake Oswego, Rivergrove,Tigard and Tualatin (the "Affected Jurisdictions");and WHEREAS, in 2009, the Affected Jurisdictions approved the transfer of the Franchises from Verizon to Frontier Communications Corporation as Frontier Communications Northwest, Inc., which then became the Franchisee; and WHEREAS, on July 19, 2019 MACC received a Federal Communications Commission Form 394 Application ("Application") by which Frontier Communications Corporation, the corporate parent of Franchisee, and Northwest Fiber, LLC ("Northwest Fiber" or "Transferee") requested approval from MACC and the Affected Jurisdictions of a proposed transfer of control of the Franchisee and its Franchises to Northwest Fiber; and WHEREAS, following the completion of the transactions constituting the transfer of control, Northwest Fiber would assume control of the local cable operations of the Franchisee, but must also secure certain other facilities and agreements to provide a comparable cable service to that currently provided by Franchisee; and WHEREAS, federal law and Section 11 of the Franchises authorize MACC and its member jurisdictions to review any proposed transfer of control, including the proposed transaction as described in the Application and as clarified in answers to questions presented by MACC to the Franchisee and Northwest Fiber to determine the impact on the proposed Franchisee's ability to perform the Franchise obligations based on the legal,financial, and technical qualifications of the transferee; and WHEREAS, Section 11 of the Franchises also authorizes MACC and its member jurisdictions to condition approval of a transfer upon such terms and conditions as they deem reasonably appropriate within the legal,financial, and technical framework provided by the Franchise and federal law; and {00691982;1}MACC Resolution 2019-02 Northwest Fiber/Frontier Transfer of Control 10 WHEREAS, MACC has reviewed the materials provided by the Franchisee and Northwest Fiber in the Application and in response to a request for information originally provided to the companies on August 6, 2019 and subsequently revisited and further investigated on numerous occasions through September 30, 2019; and WHEREAS, the review now being completed except for certain issues necessarily addressed in a prospective mannerthrough conditions, MACC has determined that itshould recommend approval ofthe Application, provided those conditions and assurances are obtained from the companies; and WHEREAS, pursuant to Section 4(E) of the MACC Intergovernmental Agreement,final approval would be granted only if all eleven Affected Jurisdictions also approve the Application as recommended by MACC; and WHEREAS,the Commission conducted a duly noticed public hearing concerning the proposed transfer on October 1, 2019; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION: Section 1.Commission Action on Form 394 Application.The Commission hereby approves the Application for Transfer of Control, as submitted on July 19, 2019, subject to the conditions contained in Section 3 below. Section 2. Recommendation to Member Jurisdictions.The Commission hereby recommends that each of the Affected Jurisdictions approve the Application for Transfer of Control by duly authorized enactment of each jurisdiction's governing body, subject to the conditions set forth in Section 3, below. Section 3. Conditions to the Transfer of Control.The approval recommended herein shall not take effect until such time as each of the following conditions is met: 1.All eleven MACC Affected Jurisdictions approve the transfer of control. 2. The Frontier Communications Corporation/Northwest Fiber, LLC transaction (Transaction) must close with all material terms substantially consistent with the Transition Services Agreement submitted as Exhibit B to the MACC Request for Information of August 6, 2019, as well as the information provided to MACC or the Mount Hood Cable Regulatory Commission (MHCRC) in public documents and responses to Requests for Information submitted by MACC and the MHCRC and by May 28, 2020. If the Transaction does not close as described in this paragraph,then the Affected Jurisdictions'consent to the transfer shall be void and of no force or effect, and the transfer request deemed to be have been timely denied, unless otherwise agreed by Northwest Fiber and the Affected Jurisdiction. Frontier, Northwest Fiber and the Franchisee hereby waive any and all claims that they may have that any denial of the transfer request that results from failure of the conditions in this paragraph fails to satisfy the deadlines established by applicable law including,without limitation,claims based on,arising out of,or relating to 47 U.S.C.section 537, as amended, and agree that they shall be deemed to have agreed to an extension of the time to act on the transfer request as required to make any denial effective. 3.The Transaction is approved by any required federal or state agency and any local government requiring approval. {00691982;1}MACC Resolution 2019-02 Northwest Fiber/Frontier Transfer of Control 12 4. In all respects and without exception, Northwest Fiber and Franchisee agree and acknowledge that the transfer of control will not affect, diminish, impair or supersede the binding nature of the existing valid ordinances, settlement agreements, side letters, regulatory actions, franchises, resolutions, and agreements applicable to operation of the cable system (including but not limited to payment of franchise fees and other amounts due under the Franchise, non-compliance issues and indemnification as provided in the Franchise)whether prior to or subsequent to the date of the control of the Franchise and Franchisee were transferred to Northwest Fiber. Northwest Fiber shall at all times cause Franchisee to comply, and Franchisee shall comply,with all of the above. 5. In lieu of the current obligations of the Franchise Section 13.6, "Letter of Credit", Franchisee, under the control of Transferee, provides and maintains an irrevocable letter of credit or performance bond in a form acceptable to MACC in the amount of$250,000 to secure the faithful performance by Franchisee of all material provisions of the Franchises through the end of the current Franchise term. In addition, Northwest Fiber will execute a guarantee of franchise performance in substantially the form attached as Exhibit X within ten (10)days of the close of the Transaction. 6. Frontier has paid MACC all reimbursement costs due as a result of review of the transfer of control application, consistent with the separate agreements concerning those costs, up to $15,000, which may be offset against future franchise fees by Franchisee. 7. Transferee provides current contact information for notice recipients under Section 16.5 of the Franchise. 8. MACC and its Affected Jurisdictions' consent to the transfer of control shall not be construed to constitute a waiver or release of any rights they may have under the Franchise and any separate written agreements with the Franchisee and Franchisee's lawful successors. 9. No later than November 1,2019,Transferee will provide MACC with a progress report of its acquisition of linear broadcast content, including a listing of national and local content providers with which: (1)Transferee has signed agreements; (2) Transferee has pending agreements being negotiated; and (3) Transferee is pursuing agreements. Transferee will use commercially reasonable efforts to enter into such agreements with linear broadcast vendors representing at least 75%of the linear broadcast channels provided by Frontier on its channel lineup labeled as Prime HD as of the closing of the transaction. 10. Transferee acknowledges these conditions of approval of the transfer of control in writing no later than November,2019. Section 4. Effective Date. This Resolution shall be effective upon its adoption by the Commission and signature by the MACC Chair. ADOPTE��D��OB--Y--Ti4- ISSI ERS OF THE METROPOLITAN AREA COMMUNICATIONS COM ISSINyTHJS 1S CTO E ,2019. Arne Nyberg, �Chair (00691982;i)MACC Resolution 2019-02 Northwest Fiber/Frontier Transfer of Control 12 Exhibit B GUARANTEE AGREEMENT THIS AGREEMENT is made this day of , 2019, between the Jurisdictions, the Guarantor, and the Grantee. For the purpose of this Agreement, the terms "Jurisdictions", "Guarantor" and "Franchisee" have the meanings given in this Agreement below: WITNESSETH WHEREAS, the [list cities], Oregon, (the "Jurisdictions")have negotiated a cable franchise agreement(the "Franchise") currently held by Frontier Communications Northwest Inc. (the "Franchisee"), to operate and maintain a cable television system (the "Cable System"); and WHEREAS,Northwest Fiber, LLC (the "Guarantor") has proposed to become an ultimate owner and manager of the Franchisee, and has filed a formal written request seeking approval of the proposed transfer by the Jurisdictions as required by federal law(FCC Form 394); and WHEREAS, the Jurisdictions have submitted Requests for Information in performance of their review of the Franchisee's legal, financial and technical qualifications to perform its obligations under the Franchise following the proposed transfer, and the Guarantor and the Franchisee have responded to the Jurisdictions' Requests by providing additional information; and WHEREAS, in response to requests by the Jurisdictions following their review, the Guarantor has agreed to provide this guarantee in order to induce the Jurisdictions to approve the transfer of control of the Franchise and the Franchisee from Frontier Communications Corporation to Northwest Fiber, LLC; NOW, THEREFORE, in consideration of the foregoing, the Guarantor agrees: 1. The Guarantor hereby unconditionally guarantees the timely and full performance of any and all obligations of Franchisee contained in the Franchise. In the event Franchisee for any reason fails to perform those obligations, the Guarantor agrees to perform or cause to be performed those obligations on Franchisee's behalf promptly upon written demand by the Jurisdictions. 2. This guarantee is an absolute, continuing, and unlimited performance guarantee of the Franchise by the Franchisee. The Jurisdictions shall not be obliged to proceed first against the Franchisee or any other person, firm or corporation. 3. The Guarantor waives notice of acceptance of this guarantee and further waives protest, presentment, demand for performance or notice of default to the Guarantor. The Jurisdictions have no duty to advise the Guarantor of any information known to them regarding Franchisee's performance of its Franchise obligations. This waiver, however, shall not be deemed a waiver of any requirement of the Franchise as to notice to the Grantee. 4. The Jurisdictions' failure to require strict performance of the Franchise shall not release the Guarantor from liability under this Agreement. 5. This Agreement, unless terminated, substituted or canceled, as provided herein, shall remain in full force and effect for the duration of the term of the Franchise. This Agreement and the guarantee made hereunder are contingent upon and subject to the closing of the transaction by which ultimate control of the Franchisee is transferred to the Guarantor. If control of the Franchisee is subsequently transferred away from the Guarantor with the approval of the Jurisdictions, the guarantee shall terminate at that time. 6. The Guarantor may propose substitution of another Guarantor to perform the obligations of this Agreement. If the Jurisdictions find the proposed substitute Guarantor reasonably satisfactory, another Guarantee Agreement may be substituted upon mutual agreement of the Jurisdictions and the Guarantor. Such substitution shall not affect liability incurred or accrued under this agreement prior to the effective date of such substitution. Following the Jurisdictions' acceptance of the substitute Guarantor, no claim, suit or action under this Agreement by reason of any default of the Franchisee shall be brought against the original Guarantor unless asserted or commenced within one year after the effective date of such substitution of the Agreement, and only to the extent it relates to a liability incurred or accrued prior to the effective date of the substitution. 7. Any notices given pursuant to this agreement shall be in writing and delivered personally to the following addresses or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Guarantor and the Franchisee at: , and to the Jurisdictions at: Either party may change its address for notices by giving notice of the new address in the manner provided in this paragraph. 8. Definitions: For purposes of this Agreement, the following terms are defined as indicated below: (A) Franchisee: Frontier Communications Northwest Inc., or its lawful successors; (B) Guarantor: Northwest Fiber, LLC; (C) Franchise: Cable Franchise Agreement granted by the Jurisdictions to Franchisee, including all documentation of any conditions of grant, renewal, extension, settlement or transfer. [Signatures on following page] IN WITNESS WHEREOF, the Grantee, the Jurisdictions, and Guarantor have entered into this Agreement on the day of , 2019. Guarantor: Northwest Fiber, LLC By: Title: State of ) County of ) This Agreement was acknowledged before me on the day of , 2019, by as a duly authorized officer of Northwest Fiber, LLC. Notary Public for: My Commission Expires: Grantee: Frontier Communications Northwest Inc. or its successors By: Title: State of ) County of ) This Agreement was acknowledged before me on the day of , 2019, by as a duly authorized officer of Frontier Northwest Inc. or its successors. Notary Public for: My Commission Expires: Jurisdictions: Cities of Lake Oswego, Tualatin, Tigard, Rivergrove, Beaverton, King City, Cornelius, Hillsboro, Forest Grove and Durham and Washington County By: Title: State of ) County of ) This Agreement was acknowledged before me on the day of , 2019, by as a duly authorized representative of Notary Public for: My Commission Expires: MACC STAFF REPORT FRONTIER COMMUNICATIONS TRANSFER OF CONTROL TO NORTHWEST FIBER, LLC Prepared by the staff of the Metropolitan Area Communications Commission October 2019 MACC RECOMMENDS APPROVAL OF THE FRONTIER/NW FIBER TRANSFER OF CONTROL At their October 1st meeting, the Board of Commissioners (Commission) of the Metropolitan Area Communications Commission (MACC), voted to recommended that your jurisdiction, and the other ten affected MACC members (affected jurisdictions), approve the Transfer of Control (Transfer) of the Frontier Communications Corporation cable television franchise to NW Fiber, LLC. MACC Intergovernmental Agreement and the Role of Your Jurisdiction Each jurisdiction is a member of the MACC Intergovernmental Agreement (IGA). The IGA places the responsibility with MACC to review any proposed change of ownership or control. The MACC Commission makes a final recommendation to the affected jurisdictions to either approve or deny the proposed transaction. All of the affected jurisdictions must accept the Commission's recommended action in order for it to become effective — if any one of the affected jurisdictions votes no, it vetoes it for the others. MACC staff provides the Commission's recommendation to each of the affected jurisdictional governing bodies, at which point each jurisdiction will decide whether to accept or reject the Commission's recommendation. In addition to MACC staff, representatives of Frontier and NW Fiber will be present at each Council meeting to answer any questions. Background On July 19, 2019 Frontier Communications Inc. (Frontier) filed an FCC Form 394 Application (Application) with MACC on behalf of eleven member jurisdictions to transfer control of the franchise agreement to a new company, Northwest Fiber, LLC (Northwest Fiber). Only eleven of MACC's 15 jurisdictions are served by Frontier Communications because the company's service area was predetermined by its telephone service area. The franchise holder, Frontier Communications Northwest, Inc. would not change, only the controlling interest in that franchise holder. The affected jurisdictions are the cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Lake Oswego, Rivergrove, Tigard, Tualatin and Washington County. Frontier serves approximately 12,000 subscribers in the MACC area, providing about 12% of the cable franchise revenue received by all 15 MACC member jurisdictions. All MACC members vote at the Board of Commissioners meeting, regardless of the jurisdiction they represent. As with all major decisions, if any individual affected jurisdiction's governing body fails to approve the transfer, it fails for all member jurisdictions and the Commission would need to take further action to restart the process. The Proposed Transaction On May 29th 2019 Frontier Communications Corporation announced they were selling their operations and all associated assets in Washington, Oregon, Idaho, and Montana to WaveDivision Capital, LLC, Northwest Fiber's parent company, in partnership with Searchlight Capital Partners, LLC for $1.4 billion. Northwest Fiber, LLC will acquire control of Frontier Communications Northwest Inc., the cable franchise holder in the MACC area, among other Frontier-controlled subsidiaries. The transaction includes all of Frontier's assets, including the operations, networks and systems that currently provide and support voice, video and data service in the area. Other areas involved include systems in Multnomah and Yamhill Counties as well as parts of Idaho, Montana and Washington. Northwest Fiber will essentially substitute itself for Frontier in all aspects of the business, including telecommunications services that MACC does not regulate. The transaction is expected to close sometime in the first quarter of 2020. MACC Review Process MACC's responsibility, set forth in federal law and supplemented by the terms of the franchise agreement with Frontier, is to determine whether the incoming company has the legal, financial, and technical ability to fulfill the terms of the franchise. In general terms, the question is can Northwest Fiber continue to: • Establish itself legally with all relevant regulatory bodies; • Make franchise fee payments and uphold other financial requirements of the franchise; and • Provide cable service as well or better than Frontier, including providing customer service that meets the MACC customer service standards. The FCC places a tight and difficult timeline on local government and companies to complete the approval process within 120 days from the date of a complete application. MACC and Northwest Fiber may mutually waive that timeline. That has typically been the arrangement in all previous transfers in the MACC area going back to 1999, mainly due to the sheer number of governing bodies that must act, and the need to get on busy City Council and County Commission agendas. MACC and Northwest Fiber have agreed to extend the timeline until December 31, 2019. If all the affected MACC jurisdictions do not act by December 31, 2019, the transfer may be deemed approved by Federal Law. MACC began its review of the proposed transfer as quickly as possible. While federal law provides up to 30 days to present questions regarding the qualifications of the incoming company, MACC acted within 16 days, culminating in a Request for Information (RFI) sent to Northwest Fiber on August 6, 2019. MACC noted that Northwest Fiber's transfer application was incomplete, failing to include complete and required information. Northwest Fiber responded, in part, within 10 days. Because Northwest Fiber again failed to fully answer some questions and provided redacted and incomplete documents in response, MACC sent a second RFI on August 29 (and a third on September 20). Northwest Fiber's final response was received September 23rd. As stated previously, the MACC Commission met on October 1, 2019 and voted to approve the transfer, with conditions as described below. Legal Qualifications Frontier Communications will continue to be the Franchisee after the completion of the transfer to Northwest Fiber. Northwest Fiber must gain the approval of local telephone authorities, state public utility commissions, Federal Communications Commission (FCC), and Department of Justice to complete their transaction. At this time, the company is still going through the appropriate legal approvals by the Oregon PUC and the Oregon Secretary of State's office. Those approvals are expected by the time the transaction closes in first quarter 2020. MACC Conclusion: Assuming Northwest Fiber obtains the required local, state, and federal authorizations to operate Frontier, we see no legal reasons why the transfer should not take place. Financial Qualifications In considering a company's financial qualifications to own and operate a cable system, MACC was first concerned about the incoming company's ability to finance the transaction and to manage its new debt load. MACC was also concerned that a heavily leveraged debt could result in adverse effects on member jurisdictions (i.e., late or non- payment of franchise fees) or subscribers (i.e., higher service rates, poor customer service, delays in installing plant in new areas, or poor program/transmission quality). Because Northwest Fiber is new, MACC had very little to look at to determine whether the company will have the ability to fulfill its franchise obligations. Northwest Fiber's $1.4 billion purchase of the Frontier systems in this business deal is financed in part through a loan of $650 million and $250 million in bond financing. Northwest Fiber assured that it had "binding commitment letters" for the loans and it will have approximately $300 million available following the close of the transaction. Northwest Fiber has stated to MACC that it "will be in a substantially better financial position to operate the network than Frontier is currently." Given Frontier's struggles, it is not difficult to believe that assertion. Additionally, MACC's sister jurisdiction, Mount Hood Cable Regulatory Commission (MHCRC), engaged Front Range Consulting, Inc., to conduct a review and evaluation of the financial information provided by Northwest Fiber, and to provide a report on Northwest Fiber's financial qualifications. The report suggested Northwest Fiber would be financially viable and stable, with the caveat that market and economic conditions are always variable. The report also recommended a guarantee and form of security (bond). As a result, one of the conditions of approval of the application is that Northwest Fiber submits a bond sufficient to guarantee franchise fee payments and other requirements of the franchise for a term of the franchise (through 2022). MACC and Frontier mutually agreed to a similar arrangement when that company began service in 2010. In addition, MACC negotiated a guarantee of franchise performance from Northwest Fiber's parent company. MACC Conclusion: In recommending the approval of the application with conditions, MACC is somewhat relying on the financial expertise of its sister regulatory agency in Multnomah County, which, as described above, has examined the financial qualifications of Northwest Fiber and found them viable as a new company. Nevertheless, both MHCRC and MACC asked for and received a guarantee of financial performance, along with an irrevocable letter of credit or performance bond for the benefit of the clients of the franchise obligations of Northwest Fiber. Technical Qualifications MACC received sufficient information to recommend approval on this issue. Essentially, current Frontier staff and resources will continue to be used to provide cable service and other related services. These include customer service call centers, which will remain in Washington. There are plans to consolidate those operations. There is no indication that one ongoing complaint to MACC, the lack of a local, physical office, will be remedied; it may never be, because there is no franchise requirement for a local, physical office. Another significant concern, the lack of company experience in managing the peculiarities of cable television franchises and retention of contracts with programming providers, was alleviated by additional information provided through the RFI process. Still, as was done with Frontier in 2010, MACC is recommending that Northwest Fiber commit to regular communications with MACC regarding the acquisition of programming contracts. Conclusion After an expedited review process, staff has determined that Northwest Fiber has, or will have, sufficient legal, financial and technical qualifications to own and operate the cable system in the MACC area. Although there are risks involved, MACC has proposed conditions expected to satisfy and guarantee future performance. Staff will continue to have discussions with Frontier and Northwest Fiber to determine its intentions and pursue commitments that provide expected community benefits to the member jurisdictions. Commission Action The Commission met October 1St with representatives of Frontier and Northwest Fiber in attendance to discuss the transfer and Northwest Fiber's qualifications. At that meeting, the company was given an opportunity to answer the Commissioners' questions and concerns, and to provide sufficient information to ensure Northwest Fiber met the qualifications to provide cable service. At the meeting, the Commission voted to recommend that the affected MACC jurisdictions approve the proposed transfer, with the conditions listed in the Resolution. What Action Does MACC Recommend? MACC recommends that each jurisdiction approve the proposed Transfer of Control of Frontier Communications to Northwest Fiber. MACC also recommends that each jurisdiction, as part of the transfer approval process, adopt the ten conditions of approval to ensure continued performance. Enclosed Exhibits: A— MACC's Recommending Resolution and Exhibits METROPOLITAN AREA COMMUNICATIONS COMMISSION BOC MEETING MINUTES Tuesday, October 1st, 2019 1. CALL TO ORDER—ROLL CALL Arne Nyberg, MACC Chair, called the meeting to order at 1:45 pm and asked for roll call. In Attendance: Dave Waffle, Beaverton; Rob Drake, Cornelius; Larry Hatch, Forest Grove; Wenonah Blanchette, Gaston; Peter Brandom, Hillsboro; Kent Studebaker, Lake Oswego; Russ Sheldon, North Plains; Arne Nyberg, Rivergrove; Liz Newton,Tigard; Maria Reyes,Tualatin; Robert Davis, Washington County MACC Staff: Thaddeus Girard, Administrator; Darryl Willis, Finance Manager; Kristen Gearhart, HR/Accounting assistant; Kristiyn Reimers, Administrative assistant. Legal Counsel for MACC:Ashley Driscoll Frontier Representative:Jessica Epley and George Thompson. Legal Counsel for NW Fiber: Byron Springer 2. INTRODUCTIONS and COMMISSIONER ANNOUNCEMENTS Jessica Epley and George Thompson of Frontier Communications were introduced, as well as Byron Springer, Legal counsel for NW Fiber LLC. There were no additional announcements or disclosures. 3. PUBLIC COMMENT PERIOD—No Public Comments 4. ADDITIONS/DELETIONS TO AGENDA A revised resolution was passed out at the start of the meeting which replaced the version that was in the original meeting packet. 5. CONSENT AGENDA A. Consider Approving Minutes of December 07, 2018 Nyberg motioned for a vote to accept the Consent Agenda item A - Previous Minutes. Unanimous vote in favor. Motion Passed 6. AGENDA ITEM — Frontier Communications Request to Transfer Ownership of Cable Franchise to NW Fiber, LLC Nyberg opened a public hearing to allow testimony regarding the proposed transfer of the Frontier Communications Cable Television Franchise Agreement to NW Fiber, LLC. A. Public Comments- No members of the public were present. Public comments closed. B. Staff Report Girard presented the MACC staff report. Clarification were made on several points within the report to start. On the record, NW Fiber did respond to MACC RFI in a timely manner. While not currently registered with the Oregon Secretary of State, NW Fiber, LLC will be doing business as the Franchisee, Frontier Communications (which is registered to do business in Oregon) until such time that they are independently registered. This transfer of ownership also needs to be approved by the Oregon Public Utility Commission. There was a pre- hearing conference call for this on Sept. 18, 2019, followed by a first and second settlement conference several weeks apart from that. The process is on track for transaction close during the first quarter of 2020. MACC performed the usual technical, financial and legal reviews of the transfer. After expedited review, Staff has determined that NW Fiber has/will have the sufficient legal, financial and technical qualifications to own and operate the cable system in the MACC area. While there may be some risks involved with the transfer, MACC has proposed conditions that are expected to satisfy and guarantee future performance. Staff shared that its greatest concern is that NW Fiber may not be in the franchised cable business for very long based on information they provided to MACC, but that is not subject to review at this time. Staff will continue to determine the intentions of NW Fiber to provide the expected community benefits to the jurisdiction members. C. Frontier& NW Fiber Comments Byron Springer gave a history and background on NW Fiber, and discussed the goals for the future of the company and its infrastructure. D. Commissioner Questions and Comments Drake stated that the comment in the staff report about NW Fiber not being in the cable business beyond the next 5 years was a bit ominous and asked for clarification from the Franchisee. There was also a question put to NW Fiber on whether they will seek extension of Franchise in good faith. Springer of NW Fiber responded that it is their intention to be in business for as long as the customers are still wanting the services they offer. They are committed to provide all of the services they offer at close, including cable. It was also stated that when the time comes for a new Franchise to be negotiated,they will sit down for those negotiations. Hatch also inquired about the video side of things and wanted to know if NW Fiber have given any thought to how they would gracefully exit the video market. Springer responded that they have no intention of exiting the video market at this point so that conversation has not happened.The plan for now is to continue offering video service. It is a consumer driven service however, and if consumers continue to move away from the cable TV market,they will have to make their plans when it is appropriate. Waffle inquired about whether or not we should be concerned about the investment in existing physical plant and service capabilities for the cable consumers. Springer responded that they are heavily incentivized to provide a good physical plant, and customer service is a key part of that. They are working to be the best they can be with regard to customer service and transparency. Davis asked whether the $250,000 bond in the resolution for all material provisions of the franchise would include customer service. Customer service issues are probably one of the top things the elected officials of Washington County hear about most. Driscoll responded that the bond could be accessed for all material provisions through the Franchise. If there is some reason that NW Fiber is falling behind in their customer service requirements as required by Franchise, there would be access to that bond. However, the access is limited to what is spelled out by the Franchise. Reyes asked how the various factors of the transfer would affect those members of the community who are not tech savvy, or who might have language barriers, and how the message will be communicated to them. Springer responded that there will be every effort made to make sure that people understand clearly what is happening during the transition from Frontier to NW Fiber.There will be new branding that the customers will see, but beyond that the transition which should be as seamless as possible for all the customers. Brandom inquired about equipment or asset investments that are planned. Springer responded that they are talking about that with the PUCs, but the plan is that over a 5-year period they will be putting everything that they can back in to the business in the form of developing better redundancies, upgrading technology, and having fiber upgraded. Brandom asked how NW Fiber can consider themselves to be in a better financial position than Frontier. Springer commented that while he cannot go into great detail on this question, he can say that Frontier is far more heavily leveraged then NW Fiber, and NW Fiber has a much smaller footprint to manage. Newton inquired about the process date and when everything needs to be out to the cities. Driscoll responded with the window of time that MACC is working within to meet requirements. She also expanded a bit more into the provisions that we have requested be in place for this transfer for the term of this Franchise. Hatch shared that based on his previous experiences with Franchise transfers, it's basically a gamble either way, but with what he has seen so far, he is not overly concerned with the transfer and sees no reason to voice any concern to his city council. Nyberg Agreed. Drake and Davis both inquired as to what happens if there is not a unanimous vote in favor? Driscoll responded that the IGA states that all affected jurisdictions have to approve it in order for it to go into effect. If unanimous consent is not met then the transfer is not approved. This could trigger a back to the drawing board type situation. Springer replied that so far in other jurisdictions they have not run into any serious issues with regard to getting the votes in favor that they need for passing. In a few instances there were issues that needed to be addressed, but ultimately it has been a fairly smooth process. Worse case scenario, if there is not a vote in favor of passing, Frontier would most likely end up filing for bankruptcy. Brandom asked Staff if Frontier has been meeting their customer service goals per Franchise. Girard responded that they are. Newton spoke to the need for clarity and context when this moves to the cities. Waffle inquired about the process for getting this out to the cities if it meets board approval. Girard replied that it is planned to get the information out to all of the affected cities to have it included in the agenda for one of their upcoming City Council meetings, and for himself and a representative of Frontier to attend said meetings should there be questions. This will happen as quickly as possible to meet the requirements of the transfer. Brandom inquired about the timing from a consumer stand point of when they would start to see the transition from Frontier. Springer replied in the first half of 2020. Davis commented that this transfer will really need to be presented as positively as possible or the County may hesitate. Newton commented that with regard to her Council she feels concerned that there will probably be a lot of questions that she will not be able to answer. Jessica Epley responded that she, or another representative from Frontier will be in attendance at all of the meetings to be a resource to allay concerns and to answer questions that the council members might have. Newton asked if the transaction should fail to go through, and Frontier then files for bankruptcy, what would that mean to the MACC jurisdiction subscribers? Girard responded that it would mean fewer options being available to the subscribers, and would result in its own problems that MACC is trying to prevent. There are a lot of unknowns with that scenario. Driscoll responded that we are allowed to not approve on responsible grounds, but there would most likely be some form of litigation that would follow to determine if we acted reasonably. Hatch is looking forward to any improvements that would come from this transfer. He acknowledges that the future of cable is vague, but for the time being to have improvements would be most welcome. E. Direction to Staff or Consider Staff Recommendation If the resolution is approved to proceed, MACC staff are to send a copy of the Staff Report and a template of the resolution out to all the affected Jurisdictions for inclusion in their meeting agendas for up coming City Council meetings for approval. 7. ADMINISTRATIVE ACTION - BOARD ACTION REQUESTED A. Agenda Statement: Consider Resolution #2019-02, Recommending to the Affected Jurisdictions that they Consent to the Transfer of Ownership of the Frontier Communications Corporation Franchise to NW Fiber, LLC Hatch motions to approve resolution #2019-02.Studebaker seconded the motion. Nyberg asks for a show of hands. Waffle, Hatch, Blanchette, Brandom, Studebaker,Sheldon, Nyberg, Newton, Reyes, and Davis vote in Favor. Drake votes against. Motion passes. Resolution#2019-02 approved with a 10-1 majority. 8. OTHER BUSINESS-None 9. ADJOURNMENT -Meeting was adjourned at 2:50 pm AIS-4043 G. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): 10 Minutes Agenda Title: Public Hearing on Amending the Master Fees and Charges Schedule for the Special Events Fee Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution - Main Public Hearing- Informational Public Hearing: Yes Publication Date: Information ISSUE Shall the Tigard City Council amend the Master Fees and Charges Schedule relating to the special events permit fee? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the City Council amend the special events permit fee as presented. KEY FACTS AND INFORMATION SUMMARY In July 2019, Council approved changes to Tigard Municipal Code 7.48, creating a single, streamlined process for special events permitting. Whereas previously, different departments in the City had different applications, the new process is one application routed to all departments. This process consolidation would also consolidate the application fee structure. Because Public Works is the primary department for processing special events, the fees previously used by Public Works were adopted for all special events. These fees are assessed based on the number of attendees at the event and the duration of the event. For community events that attract a large number of attendees, therefore, the fees are larger than intended. The City encourages such community events through the award of Community Events Grants given each year. These are events that bring together the residents of Tigard for entertainment or educational purposes in a public setting. Because the City already provides financial support to these events in recognition of their community benefit, charging the sponsoring organizations large special events permit fees is inconsistent with the purpose of the grants. For this reason, staff is recommending to charge Community Events Grant recipients a flat $50 fee for processing the special event application for which the grant was given instead of the graduated fees charged to other events. Additional changes include the authorization of a refundable deposit and allowing Police or Public Works to recover up to their actual costs of supporting a special event, such as for traffic control, security, or use of City equipment, as well as a change fee to help recover staff costs for processing date changes. This proposal also creates a lower tiered fee amount for small events that are less than 25 people. OTHER ALTERNATIVES Council could apply the current fee schedule or propose alternative fees. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Goal 1: Ensure the City's continued financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community. DATES OF PREVIOUS COUNCIL CONSIDERATION July 23, 2019: Council approves ordinance amending TMC 7.48, Special Events Permits. August 13, 2019: Council approves Master Fees and Charges Schedule adopting fees for special events permits. Fiscal Impact Fiscal Information: The fiscal impact from these changes will be minimal. Attachments Resolution Exhibit A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION AMENDING THE MASTER FEES AND CHARGES FOR SPECIAL EVENT PERMITS WHEREAS,Ordinance 19-11 amended Tigard Municipal Code 7.48 regarding special event permits;and WHEREAS, the City Council adopted fees for the new special events based on those fees used at the time by Public Works;and WHEREAS, in the spirit of encouraging public events, additional fee revisions are needed for community events and small special events. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Master Fees and Charges for the City of Tigard are amended as shown in the attached schedule (Exhibit A). SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 Department Revenue Source Fee or Charge Authority Effective Date PUBLIC WORKS-PARKS&RECREATION Community Garden Plot Rental Large(>120 sq.ft.) $60.00 /year 8/1/2017 Medium(60-119 sq.ft.) $40.00 /year 7/1/2018 Small(<60 sq.ft.) $30.00 /year 8/1/2017 Non-resident fee(additional Metaer School Park) $5.00 /plot/year 8/1/2017 Park Reservation Fees Application Fee Resident $25.00 /per event 7/1/2010 Non-Resident $50.00 /per event 7/1/2010 Rental Change Fee $15.00 /per event 7/1/2011 Organized Group Event Processing Fee $50.00 /per event 7/1/2012 Event Monitor $15.00 /hour 7/1/2012 Special Use/Alcohol Permit Fee (Fee arae sed at time of reservation) $25.00 /per event 7/1/2010 Shelter Rental Fees(2 hour minimum) Shelter#2 Resident $35.00 /hour 7/1/2012 Non-Resident $70.00 /hour 7/1/2012 Shelter#1,#3,#4,Bishop/geheelda Pavilieft, SufnmefWw Other Shelters Resident $25.00 /hour 7/1/2012 Non-Resident $50.00 /hour 7/1/2012 Soccer/Ball Field Rental Fee(2 hour minimum) Resident $10.00 /hour 7/1/2010 Non-Resident $20.00 /hour 7/1/2010 Court(Sports)Rental Fee Resident $10.00 /hour 7/1/2019 Non-Resident $20.00 /hour 7/1/2019 Fanno Creek House Rental Resident $55.00 /hour 8/1/2017 Non-Resident $95.00 /hour 8/1/2017 Resident $385.00 /day 7/1/2018 Non-Resident $665.00 /day 7/1/2018 Page 1 Department Revenue Source 111I •-_ Fee or Charge Authority Effective Date Dirksen Nature Park Meeting Room Resident $45.00 /hour 8/1/2017 Non-Resident 575.00 /hour 8/1/2017 Resident $315.00 /day 7/1/2018 Non-Resident $525.00 /day 7/1/2018 Classroom Resident 540.00 /hour 8/1/2017 Non-Resident 570.00 /hour 8/1/2017 Resident $280.00 /day 7/1/2018 Non-Resident $500.00 /day 8/1/2017 Non-Resident $490.00 /day 7/1/2018 (If this is 2nd Room-50%discount) Room Rental Monitor For Hours Outside City Business Hours $15.00 /hour 8/1/2017 Refundable Security/Cleaning Deposit May be required for some events to mitigate Not to exceed$500 7/1/2018 possible cleanup and/or damages. Special Event Permits Special Event Permit Fee (First 3 hours) $25.00 $75..00 0 to 25 400 people 8/13/2019 $75.00 26 to 100 people 11/12/2019 $175.00 101 to 200 people 8/13/2019 5275.00 201 to 500 people 8/13/2019 $475.00 501 to 2000 people 8/13/2019 $1,000.00 2001 and more 8/13/2019 (Each Additional Hour) $10.00 S25.00 0 to 25 4A0 people 8/13/2019 525.00 26 to 100 people 11/12/2019 555.00 101 to 200 people 8/13/2019 S90.00 201 to 500 people 8/13/2019 5155.00 501 to 2000 people 8/13/2019 $330.00 2001 and more 8/13/2019 Special Event Change Fee $25.00 11/12/2019 Special Event Permit Fee for Community Grant $50.00 11/12/2019 Recipients Police or Public Works Support Services Not to exceed 11/12/2019 actual costs Refundable Security/Cleaning Deposit May be required for some events to mitigate Not to exceed$500 11/12/2019 possible cleanup and/or damages. Special Event Permit Appeal $100.00 8/13/2019 Page 2 AGENDA ITEM No. 6 Date: November 12, 2019 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER APPROVAL OF RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE FOR THE SPECIAL EVENTS FEE 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. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: November 12, 2019 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 ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent— S eakin InFavor Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. ve SS\C'K lr0 vt--, i� .d, 6 7- 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-4005 7. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): 10 Minutes Agenda Title: Town Center Development Agency Consideration of 90-Day Extension for Development and Disposition Agreement Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Town Center Development Agency Public Hearing: No Publication Date: Information ISSUE Consider a second 90-Day extension under the Development and Disposition Agreement with AVA Tigard Development, LLC. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the approval of a 90-day extension under the Development and Disposition Agreement with AVA Tigard Development, LLC (pending confirmation of two milestones). KEY FACTS AND INFORMATION SUMMARY On May 8, 2018, the Board of the Town Center Development Agency authorized the TCDA Executive Director to execute a Development and Disposition Agreement (DDA) with AVA Tigard Development, LLC to develop a mixed-use project on the Agency-owned Main Street at Fanno Creek properties. The Disposition and Development Agreement spells out the responsibilities for AVA Tigard Development LLC and the Agency and details the conditions that must be met before the Agency will sell the property to the developers. The effective date of the DDA is August 16, 2018. The DDA provided for the two parties to extend the closing date beyond August 16, 2019. Due to a request from AVA to allow more time to refine their development plans, the Board of the TCDA authorized the Executive Director of the TCDA to sign the First Amendment to the DDA. That amendment granted AVA a 90-day extension of the closing date to November 14, 2019. AVA would need to complete seven milestones (discussed below). The amendment states that if AVA meets the milestones in the TCDA Board's "commercially reasonable judgment, acting in good faith," the Board would provide a second 90-day extension. Below is the status of the seven milestones (as of October 29). a. AVA has demonstrated financial feasibility by submitting to TCDA an updated interim finance plan consistent with Section 3.6.3 (c) (i) of the DDA; Status: AVA submitted an updated interim finance plan to staff on August 30, 2019. b. AVA has submitted a final draft Project plan to TCDA pursuant to Section 3.6.1(a) of the DDA; Status: AVA presented its final draft Project Plan to the TCDA Board on September 3, 2019. The TCDA Board approved the plans. c. The parties have agreed to a form of deed pursuant to DDA Section 3.6.1(f); Status: AVA and the TCDA agreed to the form of deed on September 30, 2019. d. AVA has received a BOLI determination pursuant to DDA Section 6.6.2(8); Status: AVA submitted a letter with supporting information to the Oregon Board of Labor and Industry (BOLI) on September 26, 2019 regarding whether prevailing wages will need to paid for the construction of the building. As of October 29, 2019, BOLI has not yet issued the determination, however it is expected in the next few weeks. Staff finds that AVA has made a good faith effort to meet this requirement. e. AVA has obtained an environmental insurance policy or waived that contingency pursuant to Section 3.6.2(h); Status: AVA has waived this contingency. f. Developer has notified TCDA that it is satisfied with the Property pursuant to DDA Section 3.6.2(1); Status: AVA has stated that it will provide this notification prior to the TCDA Board meeting on November 12, 2019. g. Developer has obtained preliminary VHDZ approval or waived that contingency. Status:As of October 29, 2019 AVA has submitted an incomplete Vertical Housing Development Zone (VHDZ) application and provided the application fee. AVA reports that it will be submitting a revised building plan with sufficient time for staff to issue the preliminary VHDZ approval prior to the TCDA Board meeting on November 12, 2019. At the November 12 meeting staff will provide an update on the two incomplete milestones (f and g). If the Board approves the second 90-day extension,AVA will have until February 12, 2020 to complete the remaining milestones: final land use approval, completion of construction plan, approval of permits, and completion of final financing plan. OTHER ALTERNATIVES The TCDA Board could deny the second 90-day extension, but staff does not recommend this. 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. TiLyard 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 September 3, 2019,TCDA Review of Main Street at Fanno Creek Plans May 8, 2018, Consider Resolution for Development and Disposition Agreement Executive Sessions September 24, 2019 July 9, 2019 April 24, 2018 March 20, 2018 September 5, 2017 Attachments DDA First Amendment FIRST AMENDMENT TO DEVELOPMENT AND DISPOSITION AGREEMENT This First Amendment amends the Development and Disposition Agreement("DDA")entered into by and between the Town Center Development Agency('ICDA")and AVA Tigard Development, LLC ("AVA")dated August 16,2018. WHEAREAS: 1.AVA has requested a 180-day extension to the Closing date to permit it to complete several remaining pre-Closing items as provided for in the DDA,and 2. TCDA is willing to grant the extension unconditionally for 90 days,and is willing to grant a further 90- day extension provided that TCDA has completed certain tasks as provided for in this First Amendment, now,therefore it is AGREED: 1. Pursuant to Section 3.3 of the DDA,the Closing date is extended to November 14,2019,subject to the availability of a further extension as provided in paragraph 2. 2. The Closing date shall be further extended to February 12,2020 provided that AVA demonstrates to TCDA that the following items have been completed during the initial extension in accordance with the revised schedule attached as Exhibit`A': a. AVA has demonstrated financial feasibility by submitting to TCDA an updated interim finance plan consistent with Section 3.6.3(c)(i)of the DDA; b. AVA has submitted a final draft Project plan to TCDA pursuant to Section 3.6.1(a)of the DDA; c. The parties have agreed to a form of deed pursuant to DDA Section 3.6.1(f); d. AVA has received a BOLI determination pursuant to DDA Section 6.6.2(g); e. Developer has notified TCDA that it is satisfied with the condition and suitability of the Property pursuant to DDA Section 3.6.2(1),subject to TCDA obtaining 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 pursuant to 3.6.1(h);and g. Developer has obtained preliminary VHDZ approval or waived that contingency. 3. The parties agree that the conditions precedent set forth in Section 3.6.1(c)and(d)have been satisfied. Developer has notified TCDA that condition precedent 3.6.2(h)relating to environmental insurance is waived as of the effective date of this First Amendment. 1 AVA DDA First Amendment 4. The TCDA Board will consider the further extension at its meeting on or about November 5,2019. Approval of the extension shall be granted provided that AVA has complied with the conditions set forth in paragraph 2 in the TCDA Board's commercially reasonable judgment,acting in good faith. Nothing in this First Amendment precludes the parties from agreeing to further extensions in each party's sole discretion. 5. Except as expressly provided in this First Amendment,the terms and the conditions of the DDA remain in full force and effect. This First Amendment is effective on the date last executed. AVA TIGARD DEVELOPMENT, LLC an Oregon limited liability company Printed name:<rl k�_T,e,6e, ^ Its: Dated: Z --Zfll IF TOWN CENTER DEVELOPMENT AGENCY of TIGARD By:� Printed name:Martha L Wine Its: Executives Director Dated: t 3-2-0[1 2 AVA DDA First Amendment AIS-4013 8. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): 5 Minutes Agenda Title: Consider Authorizing the Executive Director of the TCDA to Complete the Acquisition of an Easement on Land Adjacent to 12562 SW Main Street Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Town Center Resolution Development Agency Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The Board of the Town Center Development Agency is requested to consider a resolution approving the acquisition of an easement on land adjacent to 12562 SW Main Street (Trail Parcel) as outlined in the easement conveyance agreement and authorize the Executive Director of the TCDA to take all necessary actions to complete the agreement on behalf of the agency. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Board of the TCDA approve the resolution. KEY FACTS AND INFORMATION SUMMARY The Fanno Creek Overlook project will provide public space along Fanno Creek along what is currently the egress driveway for the Fanno Creek Brewpub and neighboring commercial building. The public space would provide an overlook to the creek and resting place on the trail, and serve as an attractive amenity for downtown visitors and residents. The project requires the acquisition of two properties: a 2,373 square foot strip of land adjacent to the Main Street Village Apartments (Driveway Parcel) and the 11,928 square foot piece of land adjacent to 12562 SW Main Street (Trail Parcel.) The Driveway Parcel acquisition will allow for construction of a new two-way driveway and the closing of the existing egress driveway so a public space/trail connection can be built. The acquisition of the Driveway Parcel was approved on June 4, 2019 (with closing scheduled six months later). After several months, an Agreement to Convey Easement has been negotiated with the owners of 12562 SW Main Street. The Agency will pay$118,000 as compensation for the easement, together with $50,000 for the cost to cure impacts on the parking area located at the rear of the property. The parking lot will have to be reconfigured as a result of changing the driveway circulation. Section VIII of the City Center Urban Renewal Plan authorizes property acquisition from willing sellers within the urban renewal district to complete public improvements. On June 4, 2019, the Board of the TCDA and Council approved a plan amendment that added the Trail Parcel to the list of properties to be acquired under the plan. The Board is requested to authorize the Executive Director of the TCDA to sign an Agreement to Convey easement to complete the transaction. Once the properties are acquired, design and engineering for the driveway expansion and trail/public space projects will begin. The agreement requires that the driveway expansion be completed before the trail/public space construction can commence. OTHER ALTERNATIVES The Board of the TCDA could choose not to adopt the resolution,which would delay the Fanno Creek Overlook project. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Ti arty Council Goals 2019-21 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: (includes Fanno Creek Overlook) City Center Urban Renewal Plan Goal 4B: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. Tigard Comprehensive Plan Special Planning Areas- Downtown Goal 15.3 Develop and improve the open space system and integrate natural features into downtown DATES OF PREVIOUS CONSIDERATION June 4, 2019: TCDA Board and Council Consideration of Amendment #8 to the City Center Urban Renewal Plan December 4, 2018: Executive Session May 16, 2017: Downtown Public Space Discussion March 1, 2016: Fanno Creek Overlook Update Attachments TCDA Resolution Exhibit A CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 19- A RESOLUTION APPROVING AN AGREEMENT TO CONVEY AN EASEMENT ON LAND ADJACENT TO 12562 SW MAIN STREET AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO TAKE ALL NECESSARY ACTIONS TO COMPLETE THE AGREEMENT ON BEHALF OF THE AGENCY WHEREAS, the Fanno Creek Overlook project will provide public space and an improved trail connection along Fanno Creek along what is currently the egress driveway for the Fanno Creek Brewpub and neighboring commercial building; and WHEREAS, Section VIII of the City Center Urban Renewal Plan authorizes property acquisition (including easements) from willing sellers within the urban renewal district to complete public improvements; and WHEREAS, the acquisition of an easement on an 11,928 square foot piece of land adjacent to 12562 SW Main Street is needed to build the Fanno Creek Overlook project; and WHEREAS, the City Center Urban Renewal Plan has been amended to include the property acquisition as a project; and WHEREAS, the agency and the property owner have negotiated an Agreement to Convey Easement for the property. NOW,THEREFORE, BE IT RESOLVED,by the Tigard Town Center Development Agency that: SECTION 1: The Board of Town Center Development Agency agrees to the terms of the Agreement to Convey Easement, in substantially the form attached as Exhibit A. SECTION 2: The Board of Town Center Development Agency authorizes the Executive Director of the TCDA to take all necessary actions to complete the Agreement to Convey Easement on behalf of the agency. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of , 2019. TCDA Resolution No. 19- Page 1 Chair—City of Tigard Town Center Development Agency ATTEST: Recorder— City of Tigard Town Center Development Agency TCDA Resolution No. 19- Page 2 EXHIBIT A TO RESOLUTION AGREEMENT TO CONVEY EASEMENT BETWEEN: 12562 Main Street LLC, an Oregon limited liability company ("Grantor") And Town Center Development Agency, an ORS 457 urban renewal agency ("Grantee") RECITALS A. Grantor owns unimproved real property consisting of approximately 11,928 sq. ft. located on SW Main Street in Tigard, Washington County, Oregon (the "Easement Area") as more particularly described and shown on Exhibit "A"hereto. B. Grantee desires to obtain and Grantor agrees to convey an easement over, across and under the Property on the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration described in this Agreement, the sufficiency of which is hereby acknowledged, the parties hereto agree as set forth below. 1. Conveyance: Grantor agrees to convey to Grantee a perpetual exclusive (except as provided herein) easement on, over and across the Easement Area for pedestrian and bicycle access, Fanno Creek access and placement of utilities, including but not limited to the right to improve, repair, maintain and regulate the Easement Area. The easement shall be in substantially the form set forth in Exhibit `B" hereto (the "Easement Conveyance"), and be subject to: 1.1 Reservation: a reservation in favor of Grantor providing for temporary access to the Easement Area by Grantor to facilitate reasonable, necessary and customary construction, maintenance or repair of Grantor's improvements located on that portion of Grantor's property adjacent to the Easement Area; 1.2 Condition: a condition precluding use of the Easement Area by Grantee until Grantee's post-closing obligation to provide the Driveway Expansion is satisfied; and 1.3 Condition: Grantee's obligation to maintain the Easement Area in a reasonably clean and safe condition, consistent with its maintenance of the Fanno Creek Trail in the downtown area of Tigard. 1.4 Reservation: a reservation in favor of Grantor providing for the perpetual right of access to the extent provided in the Easement Conveyance over and across the Easement Area by Grantor and Grantor's principals, employees, agents, contractors, invitees, and tenants for ingress and egress to improvements located on or to be constructed on the property with the address of 12562 Main St., Tigard, Oregon (the "12562 Property"). {00124834;1} 1 Agreement to convey easement Grantor further agrees to convey to Grantee an easement for temporary access for the benefit of that certain property adjacent to Grantor's property to facilitate reasonable, necessary and customary construction, maintenance or repair by Grantee of the Easement Area, as provided in the Easement Conveyance. 2. Consideration: Consideration for the conveyance of the Easement Area consists of: 2.1 Purchase price: Grantee shall pay to Grantor the sum of$118,000 as compensation for the Easement Area,together with$50,000 as compensation for the cost to cure impacts on the parking area(the "Parking Lot") located at the rear of, and serving, the property owned by Grantor and the property that is owned by Main St. LLC and Michael P. Dudunakis, as tenants in common (the "12564, 12566 and 12568 Property Owner") which is located at 12564, 12566 and 12568 Main St., Tigard, Oregon(the "12564, 12566 and 12568 Property") for a total monetary consideration of $168,000. Payment shall be made in full at Closing as provided in Section 7. If requested by Grantor, Grantee shall allocate the total monetary consideration payable by Grantee pursuant to this Section 2.1 between Grantor and the 12564, 12566 and 12568 Property Owner in such amounts as directed by Grantor. 2.2 Driveway improvements: As a post-Closing obligation, Grantee shall, at Grantee's sole cost and expense cause the existing single lane drive aisle on the southwest side of the 12564, 12566 and 12568 Property accessing the Parking Lot to be expanded to provide two-way access to the Parking Lot and make such other changes as are mutually agreed to by Grantor and Grantee such that two-way access to the Parking Lot is available to both the 12562 Property and the 12564, 12566 and 12568 Property(the "Driveway Expansion"). The Driveway Expansion shall consist of: (a)the public dedication strip consisting of approximately 2373 sq. ft., as shown on Exhibit"C"hereto and (b)improvement of the dedication strip to City of Tigard standards together with improvements to Grantor's existing drive aisle to the extent reasonably necessary to tie into the Driveway Expansion. Grantee's plans and specifications for the Driveway Expansion shall be subject to the prior written approval of Grantor, which approval shall not be unreasonably withheld, and all work shall be done consistent with the approved plans and specifications. Grantor shall provide reasonable access to the drive aisle to complete the Driveway Expansion; provided, however, notwithstanding anything to the contrary contained in this Agreement, in no event may Grantee perform any work in the Easement Area or with respect to the Driveway Expansion in any manner that will temporarily preclude access to the Parking Lot to Grantor or the 12564, 12566 and 12568 Property Owner or their respective agents, employees, contractors, invitees or tenants during established business hours, it being understood that it is the intention of the parties that at all times during business hours, Grantor and the 12564, 12566 and 12568 Property Owner and their respective agents, employees, contractors, invitees or tenants shall have uninterrupted access to the Parking Lot, either by way of the driveway currently located in the Easement Area or the driveway located in the Driveway Expansion area. Prior to performing any work on the 12562 Property or the 12564, 12566 and 12568 Property, Grantee shall cause all person or entities performing such work to maintain (and provide the owners of both the 12562 Property and the 12564, 12566 and 12568 Property with a certificate of) commercial general liability insurance, naming both the owners of the 12562 Property and the 12564, 12566 and 12568 Property as an additional insured, in form and content reasonably acceptable to the owners of the 12562 Property and the 12564, 12566 and 12568 Property, in {00124834;1} 2 Agreement to convey easement amounts of not less than $1,000,000 per occurrence and$2,000,000 general aggregate. The obligations of this Section 2.2 shall survive Closing and recording of the Easement Conveyance. 2.3 Parking Lot Reconfiguration and Paving. Grantee at its sole expense shall make the application to the City of Tigard and to Clean Water Services on behalf of Grantor for the pedestrian and bicycle path and related improvements. Grantor intends to reconfigure and pave the Parking Lot at its sole expense. Grantee and Grantor shall provide each other with an opportunity to review and comment on their respective improvement plans and shall consult and coordinate with each other reasonably and in good faith on such plans with the objective of minimizing costs and filing a joint application with CWS,provided, however, that either party may elect to file a separate application. It is understood that the permits and plans likely will include, among other things: (i) accommodation of stormwater collection from building downspouts to an outfall location in Fanno Creek, (ii) reconfiguring all parking stalls to a 9 feet width, (iii)p an access aisle within the parking lot with 22 feet of clearance, (iv) relocation of trash enclosures, (v) adequate room for Parking Lot signage, (vi) removal of Parking Lot landscaping, and(vii)possible plaza area amenities. This obligation shall survive Closing and recording of the Easement Conveyance but shall terminate on the date that is one-year from the date this Agreement is last executed. 2.4 Maintenance and repair of the driveway. After completion of the Driveway Expansion, each party shall be primarily responsible for the maintenance and repair of their respective portions of the driveway. Provided, however,that each party shall notify the other in advance of any such work that involves an expenditure in excess of$5,000 and the parties shall consult and cooperate reasonably and in good faith on the terms and conditions of such work, including allocation of responsibility and costs. Maintenance and repair by Grantee shall not preclude uninterrupted access as provided in paragraph 2.2, above. This obligation shall survive Closing and Recording of the Easement Conveyance. 3. Contingencies: 3.1. Grantee shall have 45 days from the date of execution of this Agreement(the "Contingency Period") to terminate this Agreement, in Grantee's sole discretion, for failure to be satisfied as to any of the following: 3.1.1 Acceptance of title. Grantee shall be responsible for obtaining a preliminary title report and accepting or rejecting any exceptions to title. Grantor and Grantee agree to seek to resolve any title objections in good faith. 3.1.2 Within ten(10) days after the Effective Date, Grantor has delivered to Grantee any and all documents known by Grantor to be in its possession or control relating to the Easement Area relevant to Grantee's use and development of the Easement Area, including without limitation land use approvals,permits, agreements related to the Easement Area that will survive Closing, maps, surveys, inspection reports and studies, but excluding(a) documents that are no longer in effect (b)tax documents, (c) documents subject to attorney client privilege, (d) documents relating to potential transactions that have not occurred and(e) appraisals ("Property Documents"). Grantor shall promptly deliver to Grantee any new or additional Property Documents that come to its actual knowledge during the Contingency Period. Notwithstanding the foregoing, Grantor shall not be required to deliver any of the following documents: (i) any proposals, letters of intent, draft contracts {00124834;1} 3 Agreement to convey easement and the like prepared by or for other prospective purchasers of the Easement Area, or (ii) Grantor's internal memoranda, attorney-client privileged documents or privileged communications or appraisals. Grantor and its agents shall have no responsibility or liability for the completeness or accuracy of such information, make no representations with respect to such documents and information, and Grantee assumes the entire responsibility for interpreting and assessing the information provided, will rely solely on its own judgment in making a decision to Close. 3.1.3 Final approval. Approval of this Agreement by the TCDA Board of Directors. 3.1.4 Non-appropriation. Notwithstanding any other provision, Grantee's obligation to Close is subject to appropriation of funds by its Board of Directors for fiscal year 2019-2020, which shall be in the Board's sole discretion. 3.1.5 Release or Non-disturbance agreement. Grantor providing a release of the Easement Area or non-disturbance agreement reasonably satisfactory to Grantee from each of the lender(s)holding of record security interest in the 12562 Property and the 12564, 12566 and 12568 Property. 3.1.6 Grantor tendering to Escrow executed easements and otherwise performing each and every obligation due before Closing. 3.2 Grantor's obligation to Close is contingent on: 3.2.1 Grantee performing each and every obligation due before Closing. 3.2.2 Grantee having obtained approval from the TDCA and tendered the monetary consideration to Escrow. 3.2.3 Grantor obtaining approval of this Agreement from its lender within 60 days of the date of this Agreement. If Grantor does not deliver to Grantee a written notice terminating this Agreement on or before the date that is 60 days after the date of this Agreement, then Grantor shall be deemed to have terminated this Agreement. 3.2.3 Grantee recording the public dedication deed attached as Exhibit `C'. 4. Representations and Warranties of Grantee. Grantee represents and warrants that, as of the date of execution and Closing, all the representations and warranties of Grantee contained in this Agreement are and shall be true and correct and shall survive Closing for a period of six (6)months. Each of Grantee's representations and warranties is material to and is being relied upon by Grantor and the continuing truth thereof shall constitute a condition precedent to Grantor's obligations hereunder. Grantee represents and warrants to Grantor as follows: 4.1 Authority and Binding Effect. The execution and delivery of this Agreement has been duly authorized and approved by all requisite action of Grantee and no other authorizations or approvals will be necessary in order to enable Grantee to enter into or to comply with the terms of this Agreement except as provided above. This Agreement and the other documents to be executed by Grantee, upon execution and delivery thereof by Grantee, will have been duly entered into by Grantee, and will constitute legal, valid and binding obligations except as provided above. To Grantee's actual knowledge, neither this Agreement nor anything provided to be done under this Agreement violates or shall violate any contract, document, understanding, agreement or instrument to which Grantee is a party or by which it is bound. 4.2 No reliance. Grantee has not relied in any way on any representation of Grantor except as expressly provided for herein and has fully and completely satisfied itself as to the condition of the Property and is solely responsible for its decision to Close this transaction. {00124834;1) 4 Agreement to convey easement 4.3 No Assignment. Grantee will not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior approval of Grantor. 5. Representations and Warranties of Grantor. Grantor represents and warrants that, as of the date of execution and Closing, all the representations and warranties of Grantor contained in this Agreement are and shall be true and correct and shall survive Closing for a period of six (6) months. Each of Grantor's representations and warranties is material to and is being relied upon by Grantee and the continuing truth thereof shall constitute a condition precedent to Grantee's obligations hereunder. Grantor represents and warrants to Grantee as follows: 5.1 Authority. Grantor has authority and authorization to enter into this Agreement and consummate the transaction contemplated by it and shall deliver such proof of the power and authority as may be reasonably required by the Escrow Holder or Grantee. 5.2 Grantor is authorized to enter into this Agreement on behalf of itself, and the owners of the 12564, 12566 and 12568 Property on the terms and conditions set forth in this Agreement, including but not limited to granting access to and authorization for the Driveway Expansion and the conveyance of the easement. 5.3 Assistance. During the Contingency Period Grantor shall provide reasonable assistance to Grantee in addressing issues that arise, provided that Grantee remains responsible for all aspects of Grantee's due diligence, verification of information and decision whether to Close. 5.4 Title. Grantor has sole legal and beneficial fee title to the Easement Area and has not granted any person or entity any right or interest in the Easement Area or to access or use the Easement Area except as set forth in this Agreement,the preliminary and final title report, and the Property Documents. 5.5 Pending Transactions, Suits or Proceedings. To Grantor's knowledge,there are no suits, proceedings, litigation, condemnation, or investigations pending or threatened against or affecting the Easement Area or Grantor as the owner of the Easement Area in any court at law or in equity, or before or by any governmental department, commission, board, agency or instrumentality. 5.6 No Further Encumbrances. As long as this Agreement remains in force, Grantor will not convey any interest in the Easement Area nor any rights therein, nor permit or suffer any lien to be placed on the property, including for labor or materials 5.7 Hazardous Materials. Grantor has not received any written notice that the Easement Area is not now in violation of, and is not currently under investigation for violation of, any Environmental Laws. Grantor hereby assigns to Grantee as of the Closing,to the extent assignable, all claims, counterclaims, defenses or actions, whether at common law or pursuant to any other applicable federal or state or other laws, if any, that Grantor may have against third parties to the extent relating to the existence of Hazardous Materials in, at, on, under or about the Easement Area. 5.8 Federal Compliance. Grantor is not (and is not engaged in this transaction with or on behalf of) a person or entity that Grantee is prohibited or restricted from doing business with pursuant to antiterrorism laws, 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. 5.9 Voluntary Sale. Grantor acknowledges that this Agreement is a voluntary sale and that Grantee has made no threat of condemnation. {00124834;1) 5 Agreement to convey easement 6. AS-IS Conveyance. The Easement Area is being conveyed by the Easement Conveyance to, and accepted by, Grantee at Closing in its then-present condition, AS-IS, WHERE IS, WITH ALL FAULTS, and without any warranty whatsoever, express or implied, except for the representations and warranties set forth herein in the Easement Agreement to be delivered at Closing. Grantee acknowledges that: (a) it is acquiring an easement in the Easement Area AS-IS, WHERE IS, WITH ALL FAULTS; (b) Grantee will have made or performed any and all tests, surveys, or other examinations of the Easement Area as Grantee deems necessary prior to the end of the Contingency Period; and (c) is relying solely on its own inspection, examination, due diligence and evaluation of the Easement Area and Property Documents. Grantor has not made, is not now making, and specifically disclaims, any and all warranties and representations of any kind, express or implied, oral or written, with respect to the Easement Area, except for any representation or warranty made herein or in the Easement Conveyance. The provisions of this Section 6 shall survive termination of this Agreement, Closing and recording for six (6) months. 7. Closing. The parties will make good faith diligent efforts to close within 60 days of the effective date of this Agreement, which date may be extended by mutual agreement which shall not unreasonably be withheld. The transaction will be closed in the offices of First American Title Company, c/o Rene Moody, 200 SW Market St. Suite 250, Portland OR 97201 ("Escrow"). 7.1 Within 5 days of execution, Grantee will open escrow and deposit an executed copy of this Agreement for use as escrow instructions. 7.2 Upon notice from the parties that all conditions precedent have been satisfied or waived and deposit of all funds due to Grantor, Escrow holder shall close Escrow by (a) confirming execution of all documents necessary for Closing including such documents as required by Escrow; (b) recording the easement substantially in the form shown in Exhibits `B' and (c) delivering funds and documents as set forth herein. 7.3 Escrow shall issue to Grantee a standard form title insurance policy in the amount $118,000 at Grantee's expense. 7.4 All other expenses associated with recording and Closing shall be borne equally by the parties. 8. Default and Remedies 8.1 If Grantee fails to Close in breach of this Agreement after 30 days' notice and opportunity to cure from Grantor, Grantee shall be in default and Grantor is entitled, as Grantor's sole and exclusive remedy, to liquidated damages in the amount of$15,000 together with any Escrow cancellation charges. Such amount has been agreed by the parties to be reasonable compensation and the exclusive remedy for Grantee's default, since the precise amount of such compensation would be difficult to determine. Except as provided below, Grantor shall have no right to any other damages, claims or actions against Grantee. By initialing this provision in the spaces below, Grantor and Grantee each specifically affirm their respective agreement to this liquidated damages provision as Grantor's sole and exclusive remedy for Grantee's default and failure to Close, and agreement that the sum is a reasonable sum. Grantees Initials Grantor's Initials {00124834;1) 6 Agreement to convey easement 8.2. After Closing Grantor shall have the right to enforce Grantee's obligation to construct the Driveway Expansion and the conditions of the Easement Conveyance as provided by law, including injunctive relief and damages. This Section 8.2 shall survive Closing. 8.3 If Grantor breaches this Agreement, which breach Grantor fails to cure within thirty (30) days after receipt of written notice thereof from Grantee, Grantor shall be in default of this Agreement. If Escrow fails to close due to Grantor's default, Grantor shall pay all Escrow cancellation charges. In the event of such default, Grantee shall have the right, as Grantee's sole remedies,to either(a)terminate this Agreement or (b) seek an action for specific performance to enforce Grantee's rights hereunder. 9. Attorney's Fees. The party prevailing in any action to enforce or defend the terms of this Agreement shall be entitled to recover from the other party its costs, including, without limitation, attorneys' fees and costs as fixed by the court therein, including on appeal. 10. Construction. This Agreement shall not be construed in favor of or against either party but shall be construed as if both parties prepared this Agreement. 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties, oral or written, are hereby superseded and merged herein. The foregoing sentence shall in no way affect the validity of any instruments executed by the parties in the form of the Exhibits attached to this Agreement. 12. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Oregon. 13. Modification.No modification, waiver, amendment, discharge, or change of this Agreement shall be valid unless the same is in writing and signed by all signatories hereto. 14. Real Estate Brokerage Commission. Neither party has engaged the services of a real estate broker and no commissions are due. It is disclosed that George Diamond,Nicholas Diamond and Paula Diamond are licensed real estate brokers in the State of Oregon and part of the Grantor entity. 15. Notice. Any notice or document to be given pursuant to this Agreement must be delivered either in person, deposited in the United States mail duly certified, return receipt requested with postage prepaid; by electronic mail; or by Federal Express or other similar overnight delivery service marked for next business day delivery.Notices shall be effective upon receipt if delivered personally or sent by electronic mail, on the next day if sent by overnight courier, or two (2) days after deposit in the mail if mailed. Any party listed below may designate a different address, which shall be substituted for the one specified below, by written notice to the others. Grantee: Sean Farrelly, Redevelopment Manager Town Center Development Agency 13125 SW Hall Blvd. Tigard, OR 97223 Sean@tigard-or.gov {00124834J) 7 Agreement to convey easement with a copy to: Shelby Rihala, City Attorney 13125 SW Hall Blvd. Tigard, OR 97223 shelbyr@,tigard-or.gov Grantor: George N. Diamond 2839 SW Second Avenue Portland, OR 97201 gdiamond@reig.com with a copy to: Brad Miller Brix Law LLP 75 SE Yamhill, Suite 202 Portland, OR 97214 bmiller@brixlaw.com 16. Remedies Cumulative. Except as specifically set forth herein, all rights and remedies in this Agreement shall be construed and held to be cumulative. 17. Severability. If any phrase, clause, sentence, paragraph, section, article or other portion of this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law. 18. Successors and Assigns. Subject to limitations expressed in this Agreement, the terms of this Agreement shall inure to the benefit of and shall be binding upon the successors-in-interest, assigns, and representatives of the parties hereto. 19. Time of the Essence. Time is of the essence of each and every provision of this Agreement. 20. Waiver. No waiver by Grantee or Grantor of a breach of any of the terms, covenants or conditions of this Agreement by the other party shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition herein contained. No waiver of any default hereunder shall be implied from any omission by the other party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by Grantee or Grantor to or of any act by the other party requiring the consent or approval of the first party shall not be deemed to waive or render unnecessary such party's consent or approval to or of any subsequent similar acts by the other party. 21. Negation of Agency and Partnership. Any agreement by either party to cooperate with the other in connection with any provision of this Agreement shall not be construed as making either party an agent or partner of the other party. {00124834;1} 8 Agreement to convey easement 22. Unavoidable Delay. Neither Party shall be considered in breach or default if the delay in performance of an obligation is due to causes that are unforeseeable, beyond the Party's reasonable control, and without the Parry's fault or negligence. Such events include but are not limited to acts of God such as floods, earthquakes or unusually severe and disruptive weather, acts of the public enemy, acts of the government, acts of the other Party, quarantines, strikes and embargoes. In the event of unavoidable delay, the time or times of performance shall be extended for the period of the unavoidable delay, provided that the party seeking the benefit of this Section promptly shall notify the other party of the anticipated delay. Notwithstanding any other provision of this Agreement, the time for Parties' performance shall not be extended by one or more events of Unavoidable Delay for a cumulative period greater than 180 days. 23. No third-party beneficiaries. There are no third-party beneficiaries to this Agreement, provided that this shall not preclude the successors and assigns of the Parties from enforcing the terms hereof. 23. 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 PERSONTRANSFERRING 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, 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. 24. Counterparts. This Agreement may be executed in counterparts, each of which,when taken together, shall constitute fully executed originals. 25. Effective Date. This Agreement shall be effective on the date last executed by the parties. IN WITNESS WHEREOF,the parties have executed this Agreement as of the Effective Date. Grantor {00124834;1} 9 Agreement to convey easement 12562 Main Street, LLC, an Oregon limited liability company By: Title: Grantee Town Center Development Agency, an ORS 457 urban renewal agency By: Title: (00124834;1) 10 Agreement to convey easement EXHIBIT'A'TO AGREEMENT TO CONVEY EASEMENT Fanno Creek Path(2 pages) City of Tigard Fanno Creek Overlook Project Map ana i ax Lot 140. 1S302AC-01101 July 23, 2019 Page 1 of 2 Owner:George Diamond A TRACT OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2012-051865, WASHINGTON COUNTY DEED RECORDS,BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS NAIL WITH A 3/4" WASHER STAMPED "PELSER LS 2801" ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 2012-051865; THENCE SOUTH 46'54'46" EAST 5.21 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET AND THE POINT OF BEGINNING, SAID POINT BEING SOUTHERLY AND 35.00 FEET FROM THE CENTERLINE OF S.W. MAIN STREET;THENCE SOUTH 46'54'46"EAST 98.12 FEET ALONG THE WESTERLY LINE TRACT 1, "BURNHAM TRACTS", WASHINGTON COUNTY PLAT RECORDS, TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PELSER LS 2801"; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 15°39'46" EAST 121.40 TO THE WESTERLY CORNER COMMON TO TRACT 1 AND TRACT 2 SAID "BURNHAM TRACTS; THENCE SOUTH 01°39'46" EAST 13.95 FEET ALONG THE WESTERLY LINE SAID TRACT 2; THENCE LEAVING SAID WESTERLY LINE SOUTH 47'23'07"WEST 35.43 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2000-074126, WASHINGTON COUNTY DEED RECORDS; THENCE NORTH 42'02'13" WEST 17.26 FEET; THENCE NORTH 03'45'13" WEST 61.25 FEET; THENCE NORTH 42'45'25" WEST 62.71 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF THE BUILDING AT 12562 SW MAIN STREET, TIGARD, OR 97223; THENCE NORTH 54'12'08" WEST 80.77 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF SAID BUILDING;THENCE NORTH 42"45'07"WEST 19.86 FEET TO THE SOUTHERLY LINE OF S.W. MAIN STREET,SAID POINT BEING SOUTHERLY AND 40.00 FEET FROM THE CENTERLINE OF S.W. MAIN STREET; THENCE NORTH 59'33'55" EAST 50.30 FEET ALONG SAID SOUTHERLY LINE;THENCE NORTH 30'26'05" WEST 5.00 FEET;THENCE NORTH 59'33'55" EAST 20.33 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY OF S.W.MAIN STREET. ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2012-051865. CONTAINING 11,928 SQUARE FEET, MORE OR LESS. PREPARED BY CESNW, INC. REGISTERED PROFESSIONAL D SURVEYOR OREGON MAY 21,2013 PAUL ALLEN KOHN 88964PLS §'IT6Atkb IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON TRACT 1 l DOCUMENT NUMBER / 5.21' 98-013264 C(" P.O.C. 546054'46"E 98.12' �gVa P.O.B. S I N59033'55"E DOCUMENT 20.33' NUMBER jSo3946�F j 2012-051865 j'40, N30026'05"W S01039'46"E 13.95' 0 5.00' Wq N54�12 08"W g0.7T do TRACT 2 I Vj =w 3 AS Fn 2 n 42°45'25'W l3a fq DOCUMENT 62.71' �s m NUMBER N42045'07"W 19.86' 12562 lis. 2015-030709 v� SW MAIN STREET N DOCUMENT e� TIGARD,OR N42002'13"W 17.26' n NUMBER _ _ 97223 2000-074126 _ r +a N42003'53"W 236.75' REGISTERED PROFESSIONAL ND SURVEYOR I+'a�.Jj'.cn v OREGON MAY 21, 2013 LEGEND PAUL ALLEN KOHN 58964PLS • = FOUND MONUMENT AS NOTED RENEWS: 6/30/21 50 25 O 50 CES NW 13190 sw 68th Pa►kway,s� DATE iso MAX'S FANNO CREEK 7/23/19 Tigard, Oregon 97223 BREW PUB 503.968.6655 www.cesnw.com PAGE 2OF2 Exhibit `B' to Easement Conveyance Agreement AFTER RECORDING RETURN TO: Sean Farrelly, Redevelopment Manager Town Center Development Agency 13125 SW Hall Blvd. Tigard, OR 97223 This space is reserved for recorder's use. EASEMENT CONVEYANCE THIS EASEMENT CONVEYANCE ("Conveyance") is made and entered into by and between 12562 Main Street LLC, an Oregon limited liability company ("Grantor"), and the Town Center Development Agency, an ORS 457 urban renewal agency of the City of Tigard ("Grantee"). Grantor and Grantee are collectively referred to herein as the "Parties." RECITALS A. Grantor is the owner of real property located at 12562 Main Street, Tigard, Oregon ("Grantor's Property"). B. The parties executed an Agreement to Convey Easement dated setting forth the terms and conditions for the grant of easements over a portion of Grantor's Property from Grantor to Grantee. NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Easements. A. Grantor hereby grants to Grantee, its successors, heirs and assigns, a perpetual, exclusive easement(except as provided herein) on, over and across that portion of Grantor's Property described on the attached and incorporated"Exhibit A" (the "Easement Area") for pedestrian and bicycle access, Fanno Creek access and placement of utilities, including but not limited to the right to improve, repair, maintain and regulate the Easement Area. Grantee shall, at its sole cost and expense, maintain the Easement Area in a reasonably clean and safe condition consistent with its maintenance of the Fanno Creek Trail in downtown Tigard. B. Grantor hereby grants to Grantee, its successors, heirs and assigns, a perpetual,non- exclusive easement on, over and across that portion of Grantor's Property described on the attached and incorporated "Exhibit B" (the"Maintenance Easement Area")to facilitate reasonable, necessary and customary construction, maintenance or repair by {00117950;1} Easement 8/12 version Grantee of the Easement Area. Grantee shall comply with the same terms and conditions imposed on Grantor as set forth in Section 2.1-2.4. C. The easements granted herein are subject to the terms and conditions set forth herein. If Grantee fails to maintain, repair, or replace improvements installed by or for Grantee in the Easement Area as required by this Agreement, or has failed to restore the Maintenance Easement Area to its prior condition, Grantor may provide notice thereof to Grantee, specifying the nature of the required work. Within sixty (60) days of the date Grantee receives such notice, Grantee shall either commence performance of such work or provide notice to Grantor disputing the need for such work. If Grantee fails to timely commence performance of such work or fails to timely respond as to why such work is not necessary, within thirty(30) days after Grantee's failure to commence performance or failure to respond, Grantor may perform the work and charge Grantee for the cost thereof. If Grantor reasonably believes that Grantee's failure to maintain, repair, or replace the improvements installed by or for Grantee in the Easement Area creates an emergency, Grantor may provide written notice thereof to Grantee, specifying the nature of the required work. Thereafter, if Grantee fails to commence the work necessary to address the emergency promptly upon being given written notice which is reasonable under the circumstances, Grantor shall have the right to remedy such emergency and charge Grantee for the cost thereof. Grantor may bring an action to enforce the terms of this Section 1, including specific performance or damages if Grantee fails to reimburse Grantor for the reasonable cost of such work within thirty (30) days of Grantor's demand thereof and submission to Grantee of reasonable evidence of the cost of such work. Nothing in this section limits Grantee's right to contest the necessity, scope or cost of such work. D. To the extent permitted by and subject to the limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 to 30.300, and except to the extent of the negligence or willful misconduct of Grantor, its officers, employees, or agents, Grantee shall indemnify, defend, and hold harmless Grantor and its managing agents and employees from any claim, liability, damage, or loss occurring in, on, or arising from the Easement Area, any cost or expense in connection therewith(including attorney fees), arising out of use by Grantee or its agents, invitees or contractors of the Easement Area, or(c) Grantee's breach or violation of any term of this Conveyance. This indemnity obligation shall survive the expiration or sooner termination of this Easement for any claims arising prior to such expiration or termination. 2. Grantor's Reservation. Grantor reserves the right to temporarily access the Easement Area, including necessary vehicular access, from time to time to facilitate reasonable, necessary and customary construction, re-construction, maintenance or repair of that portion of Grantor's property outside of the Easement Area(the "Work"). This reservation in Grantor is subject to the following terms and conditions: 2.1 Grantor shall provide Grantee with no less than 60 days written notice of the need to exercise its reserved rights except in exigent circumstances in which case notice shall be provided as soon as reasonably practicable; {00117950;1} Easement 8/12 version 2.2 In consultation with Grantee, Grantor shall provide reasonable public notice, temporary barriers,temporary lighting and similar measures to protect Grantee and the public. The parties acknowledge that Grantor may need to temporarily close all or some access to the Easement Area during the Work. 2.3 Grantor shall restore the Easement Area to its condition existing prior to commencement of the Work. 2.4 Grantor shall hold harmless, indemnify and defend Grantee, its officers, employees and agents for any and all claims and damages arising from Grantor's work in the Easement Area except to the extent of the negligence or willful misconduct of Grantee. Grantor shall include this obligation in any contracts for the Work. This indemnity obligation shall survive the expiration or sooner termination of this Easement for any claims arising prior to such expiration or termination. In addition to the foregoing reservation, Grantor reserves the perpetual right of non-vehicular access over and across the Easement Area for purposes of pedestrian or bicycle ingress and egress by Grantor and Grantor's principals, employees, agents, contractors, and employees to improvements located on, or to be constructed on, Grantor's Property. This reservation shall be subject to Section 2.4 above. 3. Precondition to Grantee's Use. Notwithstanding recording of this Conveyance, Grantor shall have the continued right to use the Easement Area for vehicular access and Grantee shall not have the right to improve the Easement Area or permit public access to the Easement Area until Grantee has completed the expansion of the drive aisle located on the southwest boundary of the property commonly known as 12564 SW Main Street, Tigard, Oregon as provided for in Section 2.2 of the Agreement to Convey Easement pursuant to plans and specifications that are approved by Grantor,which approval shall not unreasonably be withheld. (the "Driveway Expansion"). Completion of the Driveway Expansion means all work required for the use of the drive aisle to be located on the Driveway Expansion is completed but for minor punchlist items to allow use of the Driveway Expansion. Upon completion of the Driveway Expansion this paragraph 3 shall no longer govern and Grantor's right to continued access to the Easement Area under this Paragraph 3 shall terminate. Grantor will execute an acknowledgement of such completion which Grantee may record in the real property records of Washington County, Oregon. 4. Grantor's Right to Convey and Exceptions. Grantor represents and warrants that it has the right to grant this Conveyance subject to all prior easements and encumbrances of record as of the Effective Date. 5. Time. Time is of the Essence with respect to each provision of this Conveyance. 6. Notice. All notices to be given under this Conveyance shall be in writing and shall be effective when delivered. If mailed, notice shall be deemed effective 48 hours after mailing as registered or certified mail,postage prepaid, directed to the other party at the address set forth below or such other address as the party may indicate by prior written notice to the other: {00117950;1} Easement 8/12 version GRANTOR: 12562 Main St., LLC George N. Diamond 2839 SW Second Ave. Portland, OR 97223 with a copy to: Brad Miller Brix Law LLP 75 SE Yamhill St., Suite 202 Portland, OR 97214 bmillerkbrixlaw.com GRANTEE: Town Center Development Agency Sean Farrelly, Redevelopment Manager 13125 SW Hall Blvd. Tigard, OR 97223 Sean@tigard-or.gov with a copy to: Shelby Rihala, City Attorney 13125 SW Hall Blvd Tigard, OR 97223 shelbyr@tigard-or.gov 7. Equitable Relief. The Parties acknowledge that the uses provided by this Conveyance are unique in that money damages alone for breach of this Conveyance are inadequate. Any party aggrieved by a breach of the provisions of this Conveyance may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 8. Run with the Land. The term and conditions of this Conveyance shall run with the land and are binding upon and inure to the benefit of the Parties and their respective invitees, agents, employees, heirs, successors, and assigns. 9. Modification or Amendments. No amendment change or modification of this Easement shall be valid, unless in writing and signed by the Parties. 10. Waiver. Failure of either of the Parties at any time to require performance of any provision of this Conveyance shall not limit either or both Parties' right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 11. Construction of Agreement. The agreements contained herein shall not be construed in favor of or against either party but shall be construed as if both parties prepared this Conveyance. 12. Recording. This Conveyance is effective on recording of a fully executed original of this Conveyance and all exhibits attached hereto in the Real Property Records of Washington County, Oregon, at Grantee's expense. {00117950;1} Easement 8/12 version 13. Counterparts. This Conveyance may be executed in counterparts, each of which, when taken together, shall constitute fully executed originals. 14. Applicable Law. This Conveyance shall be governed by and construed in accordance with the laws of the State of Oregon. 15. Joint and Several. If any Party consists of more than one person or entity, the liability of each such person or entity signing this Conveyance shall be joint and several. GRANTOR: 12562 Main Street LLC, an Oregon limited liability company By: Name: Its: Date: STATE OF OREGON ) ss. County of ) This instrument was acknowledged before me on , 2019, by as 12562 Main Street LLC. NOTARY PUBLIC FOR OREGON My Commission Expires: ACCEPTANCE OF GRANTEE: By: Name: Its: Date: (00117950;1) Easement 8/12 version Exhibit A to Easement Conveyance EXHIBIT'A'TO AGREEMENT TO CONVEY EASEMENT Fanno Creek Path(2 pages) City of Tigard Fanno Creek Overlook Project Map ano i ax Lot tvo. 1S102AC-01101 July 23, 2019 Page 1 of 2 Owner:George Diamond A TRACT OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2012-051865, WASHINGTON COUNTY DEED RECORDS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS NAIL WITH A 3/4" WASHER STAMPED "PELSER LS 2801" ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 2012-051865;THENCE SOUTH 46'54'46" EAST 5.21 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET AND THE POINT OF BEGINNING, SAID POINT BEING SOUTHERLY AND 35.00 FEET FROM THE CENTERLINE OF S.W. MAIN STREET;THENCE SOUTH 46'54'46" EAST 98.12 FEET ALONG THE WESTERLY LINE TRACT 1, "BURNHAM TRACTS", WASHINGTON COUNTY PLAT RECORDS, TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PELSER LS 2801"; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 15'39'46" EAST 121.40 TO THE WESTERLY CORNER COMMON TO TRACT 1 AND TRACT 2 SAID "BURNHAM TRACTS;THENCE SOUTH 01'39'46" EAST 13.95 FEET ALONG THE WESTERLY LINE SAID TRACT 2; THENCE LEAVING SAID WESTERLY LINE SOUTH 47'23'07" WEST 35.43 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2000-074126, WASHINGTON COUNTY DEED RECORDS; THENCE NORTH 42'02'13" WEST 17.26 FEET; THENCE NORTH 03'45'13" WEST 61.25 FEET; THENCE NORTH 42'45'25" WEST 62.71 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF THE BUILDING AT 12562 SW MAIN STREET, TIGARD, OR 97223; THENCE NORTH 54'12'08" WEST 80.77 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF SAID BUILDING;THENCE NORTH 42'45'07"WEST 19.86 FEET TO THE SOUTHERLY LINE OF S.W. MAIN STREET,SAID POINT BEING SOUTHERLY AND 40.00 FEET FROM THE CENTERLINE OF S.W. MAIN STREET; THENCE NORTH 59'33'55" EAST 50.30 FEET ALONG SAID SOUTHERLY LINE;THENCE NORTH 30'26'05" WEST 5.00 FEET;THENCE NORTH 59'33'55"EAST 20.33 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY OF S.W.MAIN STREET. ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2012-051865. CONTAINING 11,928 SQUARE FEET, MORE OR LESS. PREPARED BY CESNW,INC. REGISTERED PROFESSIONAL D SURVEYOR �^ II [7PAULALLENKOHN REGON Y 21,2013 9WLS gff6A�ttb IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON 40' ,s, I TRACT 1 t + DOCUMENT93264 BER 8 0 I 5.21' NNpM P.O.C. 546°54'46"E 98.12' �uR P.O.B. SlSo I 20.33'3'55"E DOCUMENT NUMBER 3946,FI1I 4 2012-051865 S01039'46"E 13.95' N30026'05"W c 5.00' WN54o 12 08SW 80.77 �03o TRACT 2 1 +`n 42°45'25"W S13, 0 NUMBER DOCUMENT un ,2 �'O 62.71' �6l "� 3 2015 030709 N42045'07"W 19.86' 12562 �s' o 2 SW MAIN STREET N DOCUMENT vQD TIGARD,ORN42°02'13"W 17.26' '. NUMBER 0 97223 N 2000-074126 r N42003'53"W 236.75' — REGISTERED PROFESSIONAL ND SURVEYOR OREGON LEGEND MAY 21, 2013 PAUL ALLEN KOHN 58964PLS • = FOUND MONUMENT AS NOTED RENEWS: 6/30/21 50 25 0 50 DATE CES INW503.968.665513g rd 68th Parkway,suite 1So MAxS EW P CREEK PAGE 9Tigard, Oregon 97223 BREW PUB www.oesnw.com PAGE 20F2 EXHIBIT 'B' TO EASEMENT CONVEYANCE Maintenance Easement City of Tigard Fanno Creek Overlook Project Map and Tax Lot No. 1S102AC-01101 July 23, 2019 Page 1 of 2 Owner:George Diamond A TRACT OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2012-051865, WASHINGTON COUNTY DEED RECORDS,BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS NAIL WITH A 3/4" WASHER STAMPED "PELSER LS 2801" ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 2012-051865;THENCE SOUTH 46'54'46" EAST 5.21 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET;THENCE SOUTH 59°33'55" WEST 20.33 FEET ALONG SAID SOUTHERLY LINE;THENCE SOUTH 30'26'05" EAST 5.00 FEET;THENCE SOUTH 59°33'55" WEST 45.19 CONTINUING ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING;THENCE SOUTH 42'45'07" EAST 18.27 FEET;THENCE SOUTH 54°12'08" EAST 80.77 FEET; THENCE SOUTH 42'45'25" EAST 36.38 FEET;THENCE SOUTH 47'14'35" WEST 5.00 FEET;THENCE NORTH 42'45'25" WEST 35.88 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF THE BUILDING AT 12562 SW MAIN STREET TIGARD, OR 97223; THENCE NORTH 54'12'08" WEST 80.77 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF SAID BUILDING; THENCE NORTH 42"45'07" WEST 19.86 FEET TO THE SAID SOUTHERLY LINE OF SW MAIN STREET;THENCE NORTH 59'33'55"5.12 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY OF S.W.MAIN STREET. ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2012-051865. CONTAINING 680 SQUARE FEET, MORE OR LESS. PREPARED BY CESNW,INC. REGISTERED PROFESSIONAL ND SURVEYOR OREGON MAY 21,2013 PAUL ALLEN KOHN 58OWLS EXHIBIT 'B' SITUATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON i +o• J TRACT 1 DOCUMENT NUMB S46054'46"E 5.21' 98-013264 P.O.C. 6V�NNP S59033'55"W 20.33' " 530026'05"E 5.00' TRACT 2 DOCUMENT NUMBER S59033'55"W 45.19' 2012-051865 !n ,y 18.27' S�g5.12' S42°45'07"E ° 08"E 542045'25"E S47014'35"W 36.38_ 500'.O� NUMBER � r r DOCUMENT P.O.B — 2015-030709 2 N4Z°45'2 � Q N54°12'08"W 35.88' 80.77' N42045'07"W 12562 DOCUMENT NUMBER 3 19 86' SW MAIN STREET 2012-051865 TIGARD, OR DOCUMENT NUMBER 97223 2000-074126 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON MAY 21, 2013 PAUL ALLEN KOHN LEGEND 58964PLS = FOUND MONUMENT AS NOTED RENEWS: 6/30/21 50 25 0 50 DATE CESN W 13190 SW 68th Parkway,Suite 150 MAX'S FANNO CREEK 7/23/19 Tigard, Oregon 97223 BREW PUB 503.968.6655 www.cesnw.com PAGE 2OF2 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 File No. EXHIBIT 'C' TO AGREEMENT TO CONVEY EASEMENT DEDICATION DEED FOR ROAD OR STREET PURPOSES Highlands Associates,Ltd.,a California limited partnership(undivided 35%), Casa La Veta Associates,LP,a California limited partnership(undivided 48.5%), Charles Dean John and Marjorie Ann John,as Trustee of the John Family Trust under Declaration of Trust dated December 31, 1989, as amended(undivided 4.125%),Darius Irani, as Trustee of the Irani Trust under Declaration of Trust dated July 19, 1990, as amended(undivided 4.125%), Janette Fulton Doty, Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust,under Declaration dated July 27, 1995 (undivided 4.125%), and Barbara Van Buren Hauser,Trustee of the Hauser Family Living Trust, dated January 10,2007,as amended(undivided 4.125%), all as tenants in common (collectively"Grantors")do hereby dedicate to the public a perpetual right-of-way for street,road, and utility purposes on, over,across,under,along, and within a portion of the real property located at 9270 SW Maplewood Drive,Tigard, in Washington County, Oregon,and described in the attached Exhibit"A": To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is$63,311.64. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF, I hereunto set my hand on this_day of ,2019. [signature pages follow] 1 4848-5175-7690.3 EXHIBIT 'A' Public Dedication Strip Legai vescription A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE 1 WEST, WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 96077957, WASHINGTON COUNTY DEED RECORDS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 96077957; THENCE NORTH 42°57'48" WEST 191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING;THENCE LEAVING SAID NORTHERLY LINE SOUTH 47003'36" WEST 3.91 FEET;THENCE NORTH 42056'24" WEST 45.45 FEET; THENCE SOUTH 47°02'12'WEST 5.11 FEET; THENCE NORTH 42057'48" WEST 7.57 FEET;THENCE SOUTH 47°02'12'WEST 6.00 FEET;THENCE NORTH 42057'48" WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET; THENCE NORTH 50°14'01" EAST 15.02 FEET ALONG SAID SOUTHERLY LINE;THENCE LEAVING SAID SOUTHERLY LINE SOUTH 4205748" EAST 194.44 FEET TO THE POINT OF BEGINNING. ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY OF S.W. MAIN STREET. ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 96077957. CONTAINING 2373 SQUARE FEET,MORE OR LESS. B-1 4835-7707-3265.3 Public Dedication Strip and Construction Easement Area Drawing LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE I WEST,W.M., CITY OF TIGARD,WASHINGTON COUNTY,OREGON WIDTH VARIES S.W. MAIN STREET Q ` DOCUMENT NUMBER 2002.113691 2S102ACJ01100 DOCUMENT NUMBER �l LINE TABLE 46077957 , LINE# LENGTH DIRECTION 1 ll 3.91' S47-03.36-W 29102ACID0201 m L2 45.45' 1442056'24'W 1 L3 5.11' S47002.12-W LA 7.S7' N42-S7'4rW LS 6.00' 547-02.12-W 1 L6 142.25' N42-S7'46'W 1 L7 15.02' NSO-14TI-E L5 J POINT OF BEGINNING REGISTERED PROFESSIONAL ti LAND SURVEYOR P �i OREGON t'n MAY 21,2013 PAUL ALIEN KOHN 58964PLS 20 40 RENEWS:6/30119 40 0 A-2 4817.9319-2570.3 AIS-4056 9. Business Meeting Meeting Date: 11/12/2019 Length (in minutes): 30 Minutes Agenda Title: Review Local Option Levy Cost Assumptions Prepared For: Marty Wine Submitted By: Carol Krager, Central Services Item Type: Update, Discussion,Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Council review of the local option levy cost assumptions. STAFF RECOMMENDATION / ACTION REQUEST Review and discuss the proposed levy rate, cost and service assumptions. Provide guidance about refinements to the levy proposal by considering alternative levy services and costs. Suggest services, costs and messages that should be included to be tested in a second survey. KEY FACTS AND INFORMATION SUMMARY Since April 2019, the City Council has been defining the scope of a local option levy to be considered by voters in May of 2020. The proposal to date has been to focus on police services,with an aim to increase minimum staffing levels in patrol districts. The service to be provided by this levy proposal is to add 8 police officers to increase staffing by one officer for each patrol shift 24/7/365 and also to reduce response times to priority calls which is currently over six minutes down to a new goal of five minutes. Also proposed are two officers to provide outreach to people experiencing homelessness, advanced crisis intervention and de-escalation training for all officers, and continuation of the Safe Routes to School program plus prioritizing safe crossing and walking/biking connections to schools. The proposed levy is intended to provide enough officers to respond to multiple priority calls, and also to keep up with population growth and keep the community safe. Using these original service assumptions for the scope of a proposed levy, a high level full cost analysis was performed. The resulting cost and rate for the levy would be 46 cents per$1,000 assessed value of property. This would be a total increase in the property tax bill for a Tigard taxpayer of less than 3%, and an annual cost of the levy for a typical Tigard taxpayer of about$125 per year. Staff has refined the cost estimate and the results are in the attached presentation. On November 5, the Council received a report of voter survey results indicating that support for this specific proposal was low and soft. The Council discussed whether changing the assumptions of levy rate and cost, or alternative services in the levy package might gain more voter support. The purpose of this presentation and Council discussion is to identify further refinements to the levy proposal and consider changing elements such as the cost, alternative services, or messaging in a future ballot title that could be tested in a second voter survey. OTHER ALTERNATIVES COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS •City Council Goal 1: Ensure the City's continued financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community. •Strategy 1.3 Pursue a local option levy and/or bond in May 2020. •Strategy 1.3.1 By May 2019, determine specific services and/or facilities the voter will get by approving a local option levy and/or bond proposal and begin communicating it to the voters. •Strategy 1.3.2 Council will actively participate in the city's communications regarding the community benefits of the local option levy and/or bond. •Strategy 1.3.3 By mid January, 2020 refer a local option levy and/or bond for voters to consider at the May, 2020 election. •Strategic Plan Goal 4: Fund the vision while maintaining core services. DATES OF PREVIOUS CONSIDERATION 3/26/2019 - Initial Discussion of Potential Local Option Levy and/or Bond 4/23/2019 - Discuss Local Option Levy and Facility Bond Alternatives 6/25/2019 - Receive Presentation on Safe Routes to Schools Infrastructure Projects Levy Proposal 6/25/2019 - Discussion on Timing for the Police Facilities Bond 8/13/2019 - Consider Resolution to Appoint Members to the Levy&Bond Task Force 9/24/2019 - Receive Update on Local Option Levy Planning 11/5/2019 - Receive Update on Local Option Levy Planning Attachments Levy Cost Assumption Presentation AgendaQuick©2005-2019 Destiny Software Inc.,All Rights Reserved i —--_-- �City ofTigard Respect and Care � Do the Right Thing � Get it Done Local . Costing Update Z'IGARD City ofTigard Service Need • Additional officer for each patrol shift 24/7/365 • Specially trained officers to address homelessness issues in Tigard • De-escalation training for all sworn officers • Safety improvements for ped/bike near schools City ofTigard Initial Costing Process • High level, top down approach • Full cost approach • Based on FY2019 Budget • Forecasted costs and levy revenues over 10 years • 10 year forecast breaks even City olTigard Initial Costing Process - Officers • High level, top down approach • Full cost approach • Based on FY2019 Budget / Police Department = $17.7M & 85 FTE ► Sworn Officers = 69 FTE / Cost for 10 Sworn Officers = $2.6M City orrigard April 23, 2019 Council Presentation: Typical Home w/ Property Tax of $4,677/year: Total Change in Property Tax g $0.46/$ 1 ,000 Levy Rate/$1,000 Assessed Value $ 0.34_ $ 0.08 $ 0.03 $ 0.01 - Cost to Typical Home $ 92 $ 22 $ 8 $ 3 % Increase to Total Property Tax Bill 2.0% 0.5% 0.2% 0.1% ' • Total increase in the property tax bill would be less than 3%. The community would receive more who patrol the city 24/7/365 and faster response time, plus public safety services highlighted in the above table. City ofTigard Revised Costing Process • Detailed, bottom up approach • Targeted incremental cost approach • Based on estimated actual costs • Forecasted costs and levy revenues over 10 years • 10 year forecast breaks even City ofTigard Revised Costing Process - Officers • Based on Step 3 salary with benefits • 100 hours of overtime and 6.25% incentive pay • Ongoing M&S including: fuel, vehicle maintenance, equipment allowance, & training • One time costs such as vehicles, computers, and equipment paid for via accumulated savings during recruitment. City ofTigard Why Support Costs are Included? • Allows officers to focus on police work • Reduces time and risk associated with work created through police work • Support services addresses essential needs City ofTigard Revised Costing Process — Police Department Support • 3 FTE for Property & Evidence and Records • Majority of records are generated by patrol • Consistent with current ratio of sworn to non- sworn staff City ofTigard Revised Costing Process — Central Service Support • 0.5 FTE limited duration staffing in HR to expedite recruitment of police officers • Larger proportionate share of citywide support costs caused by departmental growth • 0.2 FTE in Design and Communications for levy communication • Increase in Helpdesk contract for additional staff City of'Tigard lip Revised Costing Process Data Informed Policing Support • 1.5 FTE for technology systems and data analysis • PD has the most technology systems in the city • Provide better support for all sworn and free up police staff that currently support these systems • Provide data for communicating service improvements from levy City ofTigard Typical Home in rd: Updated Assessed Value: $280,040 Real Market Value: $447,000 Countywide assessed value is 62 - '.t,ti 5t•�� �� _,may { __ y 'i' ..LI■ ■ • of real market value ?! + 4�„ `� PropertyTax for a Typical Home: Updated Typical Home Where do"im Property Tax Dollars go? Real Market Va I u e $ 4471000 ......................................................................................................... ......... T w� w�C.. ram 1 � �;p a� Assessed Value 280,040 Example Total Property Tax 1'�Tur:t��rrta►� �I:u�t��o� a.�aa_Mftt( ��_' Ei,� $ 4,817 8035:F:r= 4F " 2 t Amount to City of Tigard B0354275,F �. Operations 704 p $ 1 City of Tigard Bonds $ 93 Posco•Parks&Recreation•library Intraatructure Schools/Other Jurisdictions $ 41020 City ofTigard Revised: Home w/ Property Tax of $4,817/year Total Chalne in Pro ert Tax $0.36/$ 1 ,000 Levy Rate/$1,000Assessed Value Direct Costs $ 0.168 $ 0.042 $ 0.03 $ 0.01 Departmental Support $ 0.032 $ 0.008 1 Citywide Supportr'$ 0.024 $ 0.006 Data Informed Policing Support $ 0.032 $ 0.008 � Total Levy Rate $ 0.256 $ 0.064 $ 0.030 $ 0.010 • Cost to Typical Home w/ Assessed Value of $280040 $ 72 $ 18 $ 8 $ 3 % Increase to Total Property Tax Bill 1.5% 0.4% 0.2% 0.1% '• City ofTigard Factors of Levy Savings • Less conservative revenue growth rate assumption = $0.01 • Paying one-time costs from salary savings during recruitment = $0.01 • Detailed costing focusing on variable costs and removing fixed costs = $0.08 City of'Tigard Next Steps • Second poll that focuses on rate alternatives • Discuss timing and ballot title Questions ?