February 12, 2018 Creswell City Hall - Mccluskey Chambers 13 South 1St Street 5:30 P.M

CRESWELL CITY COUNCIL TRAINING SESSION AGENDA February 12, 2018 Creswell City Hall - McCluskey Chambers 13 South 1st Street 5:30 P.M.

Mayor Dave Stram Presiding City Councilors: Judy Drago, Amy Knudsen, Misty Inman, Gary Mounce, Martha McReynolds Jr., Richard Zettervall

*Please silence your cell phones as a courtesy to everyone*

City Council Training with City Attorney Ross Williamson

The City Council will participate in a training session on a variety of topics: Ethics Public Records Public Meetings Law Sources of Law and Overlapping Jurisdictions

Adjournment

CRESWELL CITY COUNCIL AGENDA February 12, 2018 Creswell City Hall - McCluskey Chambers 13 South 1st Street 7:00 P.M.

Mayor Dave Stram Presiding City Councilors: Judy Drago, Amy Knudsen, Misty Inman, Gary Mounce, Martha McReynolds Jr., Richard Zettervall

*Please silence your cell phones as a courtesy to everyone*

Open Meeting

Pledge of Allegiance

1. Public Forum - Maximum time 30 minutes. Speakers will be limited to three (3) minutes each. The Council will not engage in discussion or make decisions based on public comment at this time. The Mayor may direct the City Administrator to follow up on comments received.

2. Mayor’s Report A. State of the City Address

3. Correspondence A. Charter Communications – Programming Update 2.01.2018 B. Lori Eichelberger – EV West HOA President – Vandalism at Sport Courts on Emerald Parkway C. Lori Eichelberger – Vandalism at Sport Courts on Emerald Parkway

4. Consent Calendar - All items listed are considered routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items unless a Councilor requests that an item be removed from the Consent Calendar and considered separately. A. Approval of Minutes: i. January 8, 2018 - City Council Minutes ii. January 22, 2018 – Work Session Minutes

5. Administrative Report – Michelle Amberg A. January 2018 Bills B. Lane County Sheriff’s Calls for Service Report – January 2018 C. Code Enforcement Report for January 2018 D. Permits Issued Report – January 2018 E. Strategic Plan Update

The meeting location is wheelchair-accessible. Anyone needing special accommodations (hearing impaired, language translation, large print, etc.) please make your request at least 2 Business Days prior to the meeting at 541- 895-2531. Creswell is an Equal Opportunity provider and employer and complies with Section 504 of the Rehabilitation Act of 1973. Questions about this agenda from the hearing impaired can use TTY and call at 1-800-735-2900; Spanish TTY at 1-800-735-3896. 6. Council Action Items A. Authorization for the City Administrator to apply for $50,000 in Grant Funding from the Collins Foundation for a Commercial Kitchen at the Cobalt Activity Center – Jim Piper B. Transfer of Title for 195 South 2nd Street (aka The Old School House) to Creswell Heritage Foundation – Michelle Amberg C. Resolution 2018-02 A Resolution Appropriating Creswell Heritage Foundation Grant Funds Within the General Fund – Jim Piper D. Renewal for IT Managed Services – Jim Piper E. Authorize the City Administrator to Enter into an Intergovernmental Agreement (IGA) with the City of Cottage Grove for Building Permit Program Services – Michelle Amberg F. Opportunity for Public Comment and Approval of the Charter Franchise Agreement – Michelle Amberg. G. Resolution 2018-03 A Resolution Amending the 2017/18 General Fund and Appropriating Aikido Scholarship Funds – Jim Piper H. Resolution 2018-04 A Resolution Amending the 2017/18 General Fund and Appropriating Siletz Tribe Grant Funds – Jim Piper I. Authorize the City Administrator to enter into Negotiations and Contract for a Multi- Year Engineering Consultant (RFP) for Creswell Hobby Field Airport – Shelley Humble

7. Upcoming Meetings and Events A. February 15, 2018 – Park and Tree Advisory Board Open House – 4:30-6:30 pm at Creswell Coffee B. February 15, 2018 – Planning Commission Meeting – 6:30 pm C. February 19, 2018 – President’s Day – City Hall Closed D. February 20, 2018 – Public Safety Committee Meeting – 6:00 pm E. February 26, 2018 – City Council Work Session – 6:00 pm

8. Adjournment

Correspondence Agenda Item No. 3

From: Wasielewski, Joylynn M [mailto:[email protected]] Sent: Thursday, February 1, 2018 3:19 PM Subject: Charter Communications ("SPECTRUM") Programming Update 2.01.2018

Charter Communications ("SPECTRUM") is making changes to our channel lineup for customers in your community.

Effective on or after March 13, 2018, the Travel Channel will move from SPP Tier 1 to SPP Select.

Charter is making customers aware of these changes via a cable bill message. If you have any questions regarding this change, or any other cable related issues, please do not hesitate to contact me directly at (360) 258-5108 or by email at [email protected].

Sincerely,

Marian Jackson | Director, Government Affairs | Wk: 360-258-5108 | Cell: 360-600-4131 222 NE Park Plaza Drive, #231| Vancouver, WA 98684

The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited.

From: Lori Eichelberger Sent: Friday, January 5, 2018 6:04 PM To: Michelle Amberg; Cliff Bellew Subject: Vandalism at Sport Courts on Emerald Parkway

Hello Michelle and Cliff, I know this isn’t your problem but I wanted to give you the heads up that this is happening. We’ve had plenty of vandalism in the past at the Sport Courts which forced the HOA to lock it all down and issue keys to residents. This tagging vandalism happened just before Christmas and was followed with additional tagging on homes in the HOA around New Years. The Sheriff’s Department is aware. Unfortunately, young adults from Creswell, routinely jump the fence and open the gates. I’ve witnessed it over and over again from my home. It is very frustrating and I’ve personally had a few run ins with them. They are typically very rude. But, I always ask them why they trespass at a private facility to play basketball and they say it’s because Creswell doesn’t have decent facilities. I would sure like to see that change, so as to reduce the impact on our neighborhood. The Sport Courts are our biggest liability and biggest expense. Over the last 10 years we’ve spent over $250k on just landscape maintenance and basic upkeep of the facility. Unfortunately the security cameras were stolen awhile back and haven’t been replaced. Can you please forward this to Mayor Stram, as this is a community problem. Thank you, Lori Eichelberger Emerald Valley West HOA President 503-881-0893

Sent: Thursday, January 11, 2018 9:48 AM To: Dave Stram Cc: [email protected]; [email protected]; [email protected] Subject: Vandalism at Private Sport Courts

Hello Mayor Stram, We met when I was on the Park Board. I am the President and Management Agent for the Emerald Valley West Homeowners Association. We have had an ongoing problem with vandalism and trespassing at our private Sport Courts on Emerald Parkway, since its inception just over a decade ago. Originally the facility was unlocked and that led to extreme vandalism, breaking of the basketball backboards, theft of security cameras, destruction of the bathrooms, and loitering in the parking lots. The HOA is responsible for the repair and maintenance of the facility, as well as the upkeep of the grounds. Our monthly dues go towards the upkeep and residents are given keys for access. To date, that upkeep has run more than $250,000. It is our biggest expense and our biggest liability. Which is why, with each act of vandalism we are forced to secure the facility further. What we don’t appreciate is the public’s attitude that the facility should be open to the public at large and that we should continue to foot the bill. I just spoke with the City Planner and that was her attitude. How is that fair? The public doesn’t get to go to the golf course and play for free. The same rule should apply to privately owned Sport facilities. If the city counsel is gong to discuss this issue, then we should be present and represented as we are the aggrieved party. I would be happy to sit down with you and talk about this further. Thank you, Lori Eichelberger

Consent Calendar Agenda Item No. 4

City of Creswell City Council Minutes January 8, 2018

Council Present: Staff Present:

Gary Mounce Dave Stram Michelle Amberg City Administrator Misty Inman Richard Zettervall Roberta Tharp City Recorder Martha McReynolds, Jr. Cliff Bellew Public Work Director Sgt. Scott Denham Lane County Sheriff’s Office Michael DeHart Economic Develop. Coord. Maddie Phillips Planner Jim Piper Finance Director

Council Absent: 2 – Judy Drago & Amy Knudsen

Press: 1 - Creswell Chronicle – Erin Tierney

Audience: 10

The regularly scheduled City Council meeting was called to order by Mayor Dave Stram at 7:00 pm and the Pledge of Allegiance was given.

Mayor Stram excused Councilor Drago and Knudsen’s absence from the meeting.

Public Forum Jack Applegate NW Code Professionals addressed the Council regarding the pending transfer of the City’s building inspection program to the City of Cottage Grove. Mr. Applegate apologized for any misunderstanding reflected in his June 26th presentation regarding the increase to building valuation fees. He asked the Council for careful reconsideration prior to transferring the program to Cottage Grove. He also addressed the League of Oregon Cities correspondence that explains how the DOJ (Department of Justice) is concerned about building inspection programs between governmental entities and private businesses being against the Oregon State Constitution.

Election of Council President Mayor Stram opened the floor for nominations. Councilor McReynolds nominated Councilor Zettervall as Council President. There being no other nominations Councilor McReynolds moved Councilor Inman seconded to elect Councilor Zettervall as the 2018 Council President. Voted on and the motion carries unanimously.

Mayor’s Report Committee/Commissions Charges, Assignments, and Appointments Budget Committee City Councilor Member Term Expires Appointed Members Term Expires Misty Inman 2018 Vacant Position 2020 Gary Mounce 2018 Joshua Knudsen 2019 Richard Zetterval 2018 Carter McReynolds 2018 Judy Drago 2020 Shaymond Michelson 2018 Amy Knudsen 2020 Vacant Position 2020 Martha McReynolds 2020 Linda Warner 2019 Mayor Dave Stram 2018 Lacey Risdal 2018 Staff assigned: Michelle Amberg

Mayor Stram reminded Councilors Inman and Knudsen to have their community representative to the Budget Committee fill out an application and submit it to the City Recorder prior to the February 12th Council Meeting.

Water Rate Advisory Committee Appointees: Councilors Martha McReynolds, Gary Mounce, Misty Inman; Citizens Therese Brubaker, Kevin Prociw; Non-Resident Carol Woodland Staff assigned: Michelle Amberg & Jim Piper Chairing the opening of the first meeting: Martha McReynolds

Charge: At the first meeting, select a Chair, then read Section 47. Water Rates, from the Creswell City Charter. With the adopted methodology, review City of Creswell water rates and recommend a rate to the City Council for

Page 1 of 5 City of Creswell City Council Minutes January 8, 2018 Fiscal Year 2018/19; also review City of Creswell sewer rates and recommend a rate to the City Council for Fiscal Year 2018/19. Timeline: Committee Chair to bring the water and sewer rate recommendations to the February 26 Council work session; this recommendation will be included in budget preparation and presented to the City Budget Committee in May. A public hearing on water and sewer rate recommendations will be held prior to the adoption of the 2018/19 budget.

LCOG Representatives Primary - Councilor Richard Zettervall Secondary - City Administrator Michelle Amberg

Lane Area Commission on Transportation (Lane ACT) Primary - Councilor Gary Mounce Secondary - City Planner Maddie Phillips

Airport Commission Continuing in Office: Don Amberg, At Large (term expires 2018); Sid Voorhees, Airport User (term expires 2019) ; Mike Anderson, At Large (term expires 2020); Jim Origliosso, Airport User (term expires 2020); Councilor Gary Mounce, City Council Representative (term expires 2018); Staff assigned: Shelly Humble

Charge: a) Meet in January and elect a Chair and Secretary (as per Ord. 309, Sect. 2. 4). Note that the City Council representative is not eligible to serve as Chair; b) Work with Staff on implementation of Airport Vision; c) Meet with School representatives to pursue collaborative opportunities at the airport for STEM related programs Timeline: Council representative to provide monthly reports at Council meetings

Planning Commission Charge: At its first meeting in January, elect a Chair and Secretary. Continue work as directed in enacting Ordinance. Continuing in Office: David Christopher, Non-Resident (term expires 2018); Lloyd Safley, Resident at Large (term expires 2018); Susan Bennett, Resident at Large (term expires 2019); Ed Gunderson, Resident at Large (term expires 2020); Jessica Landstra, Non-Resident (term expires 2020) Appointees: Patrick Gering, Resident at Large (term expires 2019); Seth Clark, Resident at Large (term expires 2020). Staff assigned: Maddie Phillips

Parks & Trees Advisory Board - • Continuing in Office: Al Bennett, Non-Resident (term expires 2018); Jeff Warner, At Large (term expires 2018); Reilly Newman, Non-Resident (term expires 2019); • Appointees: Martha McReynolds, City Council Representative (term expires 2018); Brent Murphy, At Large (term expires 2020); Laural Henry, At Large (term expires 2019); Vacant Position At Large (term expires 2020). • Staff Assigned: Michelle Amberg, Michael DeHart and Mitch Rhodes

Charge: a) Work with the consultant to gather community input on the Parks Master Plan update; b) Review and comment on proposals for new trees at Holt Park with the 2018 new street in mind.

Council Committees: 1. Finance and Administration Appointees: Chair: Gary Mounce; Councilors: Amy Knudsen, Martha McReynolds Staff support: City Administrator

Charge: a) Conduct the annual City Administrator performance review; b) Bring a salary recommendation for the City Administrator to the Council; c) Develop performance review templates for the City Attorney and Municipal Judge (see Municipal Judge contract p. 8, Section 17); d) Develop a template for conducting a review of the Municipal Court; e) Review Charter franchise agreement; f) Review Sanipac franchise agreement; g) Review fees charged for City services Possible Future Charge: Explore a policy for the City to publish a Voter’s Guide when the State is not publishing one for a given election. Timeline: Present City Administrator performance review in Executive Session at the March 12 Council meeting; Bring salary recommendation for City Administrator at the same time; Present performance review templates and Municipal Court template at January 22 work session; Report monthly on charges e), f), and g). Page 2 of 5 City of Creswell City Council Minutes January 8, 2018

2. Transportation and Public Works Appointees: Chair: Martha McReynolds; Councilors: Gary Mounce, Misty Inman Staff support: City Administrator and Director of Public Works

Charge: a) Serve on the Water Rate Advisory Committee: At the first meeting, select a Chair, then read Section 47. Water Rates, from the Creswell City Charter. With the adopted methodology, review City of Creswell water rates and recommend a rate to the City Council for Fiscal Year 2018/19; b) With the Water Rate Advisory Committee, review City of Creswell sewer rates and recommend a rate to the City Council for Fiscal Year 2018/19. Timeline: The Chair of the Water Rate Advisory Committee will present the water and sewer rate recommendations at the February 26 Council work session; this recommendation will be included in budget preparation and presented to the City Budget Committee in May. A public hearing on water and sewer rate recommendations will be held prior to the adoption of the 2018/19 budget.

3. Public Safety Appointees: Chair: Richard Zettervall; Councilors Amy Knudsen, Judy Drago Staff support: City Administrator and Lane County Sergeant

Charge: a) Work on a “Year to Prepare” for a natural disaster, with 12-topics to present to Creswell citizens; b) Keep Council appraised of Emergency Preparedness training opportunities; c) Host an Emergency Preparedness Fair; Timeline: Provide monthly reports at Council work sessions; Put on the Emergency Preparedness Fair in 2018.

Council President Zettervall moved Councilor Mounce seconded to approve the charges given by the mayor for 2018 Council Committees as presented. Voted on and the motion carries unanimously.

Correspondence No comments were given.

Consent Calendar Council President Zettervall moved Councilor Inman seconded to approve the consent calendar as presented. Voted on and the motion carries unanimously.

Administrative Report • December 2017 Bills – No comments were given. • Lane County Sheriff’s Calls for Service Report – December 2017 – Sgt. Denham addressed the Council making them aware of some graffiti that has recently shown up and explained that there is no gang related activity (graffiti) happening. Council President Zettervall asked about Measure 11 crimes on the monthly report. Sgt. Denham explained that those are mostly reports that have been taken and have yet to be investigated or any arrests made. Mayor Stram asked about the pedestrian/vehicle accident on Oregon Avenue. Sgt. Denham noted the vehicle had almost came to a complete stop before bumping the pedestrian. The bump made the pedestrian fall backwards and hit their head on the street. Pedestrian is home and will be okay. • Code Enforcement Report for December 2017 – Council President Zettervall noted that the property at 1096 Bradshaw has been sold and should no longer be in the abandoned status on the report. • Permits Issued Report – December 2017 – No comments were given. • Building Inspection Program – Memo – Ms. Amberg reported the city will be migrating over to a new Building Inspection Program beginning February 1, 2018. The program will be running in partnership with the City of Cottage Grove. Staff has been working with the State of Oregon and City of Cottage Grove for the transition. An IGA (Intergovernmental Agreement) will be presented to the Council for approval of the partnership and program. • Creswell First! Grant Application – Memo – A grant application has been submitted to Creswell First! asking for $2500 to put towards a commercial-style kitchen at the Cobalt Activity Center. • 5th Street Update – This project is slated to begin after the 4th of July. • City Councilor Future Agenda Item Request – Council President Zettervall announced he will be presenting his interest for discussion regarding Land Trust Housing for Creswell at the February Work Session. • Chamber banquet – Ms. Amberg announced that the Chamber of Commerce Annual Awards Banquet will be held on February 10th and if Councilors are interested in attending to see Roberta Tharp.

Page 3 of 5 City of Creswell City Council Minutes January 8, 2018 Council Action Items • Urban Renewal Feasibility Study – Michael DeHart Nick Popenuk from Tiberius Solutions addressed the Council and presented a power point presentation on the City of Creswell Urban Renewal Feasibility Study.

Mr. Popenuk presented a brief overview of what an Urban Renewal District (URD) is. He explained that in order to create a URD, the identified area must be blighted. Creswell’s proposed area includes the Bald Knob property on Mill Street, Hwy. 99 North (both sides) from Oregon Avenue to just past Art Lott Lane, the downtown area, the Airport and its contiguous property along Hwy. 99 North. The needs for the proposed areas, include access issues, brownfields, the lack of utilities, and façade and streetscape improvements. He explained that a URD would be a long-term funding source for the identified area and that the funds can only be used for capital projects located within the URD. He reviewed the comparison of historical assessed value between the City of Creswell and Lane County and provided a chart outlining the TIF (Tax Increment Financing) forecasting for low, medium and high assessed value growth scenarios.

Mr. Popenuk also noted that urban renewal plans are required to have a “maximum indebtedness”. Urban renewal plans exist until they have reached their maximum indebtedness, and paid off all debt. A typical life span for a URD is between twenty and forty years, and is not considered a quick fix for revitalizing blighted areas.

Cities that are most successful with urban renewal, prioritize their investments in projects that incentivize new development, leading to rapid increases in assessed value early in the life of the URD.

Discussion ensued regarding what impact a URD would have on other taxing districts. Mr. Popenuk noted the general obligation bonds are not affected by a URD but the taxing districts are. He continued by noting that should Council choose to identify a URD, and adopt it before October, the first check should arrive in 2020. He said the real secret is to make investments on projects that are going to spur new development and focus on areas where you have a good relationship with property owners.

The next steps would be: • To select a consultant with expertise in establishing urban renewal plans. • Establish an advisory committee and conduct public outreach. • Determine the boundary and project list. • Outreach to affected taxing districts. • Make a final decision on the plan. For a URA (Urban Renewal Area) to be established, it must first be approved by the Urban Renewal Agency, then the Planning Commission, and then the City Council at a public hearing. This process allows for ample time for public comment and decision makers to consider all aspects of the plan to ensure it is right for the community and a sound investment of tax dollars. The Council directed Ms. Amberg to place the Urban Renewal District on the January 22nd Work Session Agenda for discussion.

• Resolution No. 2018-01, A Resolution for Inclusion Under the State of Oregon Deferred Compensation – Jim Piper

Jim Piper addressed the Council explaining that the city participates in a 457B plan (deferred compensation) through Lord Abbett and managed by Edward Jones. The city received notification that effective December 31, 2017 Edward Jones would no longer be managing this program for employees who participate. Resolution No. 2018-01 will allow the city employees to participate in a 457B Deferred Compensation program through the State of Oregon.

Council President Zettervall moved Councilor McReynolds seconded that the City Council approve Resolution 2018-01, A Resolution for Inclusion Under the State of Oregon Deferred Compensation Plan. Voted on and the motion carries unanimously.

• Authorization for City Administrator to apply for $50,000 in Grant Funding from the Oregon Community Foundation Fund for a Commercial Kitchen at the Cobalt Activity Center – Jim Piper

Councilor Inman moved Council President Zettervall seconded that the City Council authorize the City Administrator to apply for $50,000 in Grant Funding from the Oregon Community Fund for a Commercial Kitchen at the Cobalt Activity Center. Voted on and the motion carries unanimously.

• Special Event Liquor License – Community Center – Roberta Tharp

Page 4 of 5 City of Creswell City Council Minutes January 8, 2018 Council President Zettervall moved Councilor McReynolds seconded that the City Council grant approval of a Temporary Sales Liquor License Application for Isabel Horizon in order to serve alcohol during a wedding reception in the Community Center on February 10, 2018 as presented. Voted on and the motion carries unanimously.

Adjournment There being no further discussion Mayor Stram adjourned the meeting at 8:39 pm.

______Attest: Dave Stram, Mayor

______Roberta J Tharp, City Recorder

Page 5 of 5

City of Creswell Work Session Minutes January 22, 2018

Council Present: Staff Present:

Judy Drago Misty Inman Michelle Amberg City Administrator Amy Knudsen Gary Mounce Roberta Tharp City Recorder Richard Zettervall Cliff Bellew Martha McReynolds Jr. Jim Piper Finance Director Maddie Phillips Planner Michael DeHart Economic Dev. Coord.

Council Absent: 1 Dave Stram

Press: 1 Erin Tierney– Creswell Chronicle

Audience: 5

The City Council work session was called to order by Council President Richard Zettervall at 6:00 pm. Council President Richard Zettervall excused Mayor Stram from the meeting this evening due to illness, and the Pledge of Allegiance was given.

Executive Session Council President Richard Zettervall recessed the work session in order for the Council to enter into an Executive Session pursuant to ORS 192.660 (2)(e), To conduct deliberations with persons designated by the governing body to negotiate real property transactions. At 6:45 pm, Council President Richard Zettervall reconvened the work session.

Mayor’s Report Date and time for Council Training with City Attorney The Council agreed to set the training session date and time with the attorney for February 12, 2018 beginning at 5:30 pm with the regular meeting to follow at 7:00 pm. Committee Reports Administration/Finance Committee – Councilor Mounce, Chair Performance Review Templates and Municipal Court Template/Charter Franchise Review The committee met this afternoon and it is their recommendation to place the Charter Franchise Agreement on the February 12, 2018 City Council Agenda for Council action. During their committee meeting, they also discussed changes to the annual review process for the City Administrator and will be making a recommendation in the future for next years review. The committee also recommends that the Council take turns visiting Municipal Court prior to its annual review. The next meeting is February 8, 2018 at 5:30 pm. Public Safety Committee – Council President Zettervall, Chair Preparedness Message of the Month February’s Preparedness Message is “Seniors and Neighbors with Disabilities”. The committee met on January 16th and drafted a donation/sponsorship letter for businesses interested in participating in the May 19th Emergency Preparedness Fair. Their next meeting is February 20th. Parks and Tree Advisory Board – Councilor McReynolds The board continues to work on the implementation of a Parks Master Plan update. They have released a survey to the public for input as to what the community might like to see in Creswell parks. The Park and Tree Advisory Board still has one vacancy and they are planning an Open House to be held on February 15th at Creswell Coffee. Transportation and Public Works Committee - Councilor McReynolds, Chair The committee as part of the Water Rate Advisory Committee held their first meeting of the year. They have requested additional information from the staff and feel they can provide a recommendation on water and sewer rates for the fiscal year 2018/2019 after the next meeting. Airport Commission - Councilor Mounce, Chair The Airport Commission held their quarterly meeting on January 17th. The commission is planning a special event that will commemorate the 100th anniversary of Air Mail in May. LCOG (Lane Council of Governments) Report – Council President Zettervall Nothing new to add since the last report.

Page 1 of 3 City of Creswell Work Session Minutes January 22, 2018 Lane Act – Maddie Phillips reported that the statewide public transit plan was discussed at the last meeting.

Presentations • Audit Report – Paul Nielson from Isler Mr. Nielson distributed copies of the Annual Financial Report/Audit Report. Mr. Neilson said that it is their (Isler CPA) opinion that the financial statements are materially stated which means that there are no errors included in the report that are large enough to change their decision. There are no significant findings, no difficulties encountered, no corrected and uncorrected misstatements, and there were no disagreements with management, and no other findings or issues related to the audit.

• Chamber of Commerce Report – Scott Olson Scott Olson, President of the Chamber of Commerce provided a quarterly report on the happenings of the Chamber. Since their last report the Chamber has published a new Visitor Guide along with a new city map. They hosted the annual Tree Lighting Ceremony, held a Holiday Bazar and purchased a new stage. They are currently planning their annual banquet scheduled for February 10th. At the beginning of March, they will be relocating the Chamber office to 95 West Oregon Avenue. They will be hiring a part- time person, and continue to hold monthly luncheons. Upcoming events include a community wide yard sale to be held on Mother’s Day weekend and begin planning the 4th of July festivities.

• 4 Horsemen – Councilor Mounce This item has been tabled to the March work session.

Discussion Items • Charter Franchise Agreement – Michelle Amberg Ms. Amberg explained the Charter Franchise Agreement has been reviewed by the Administration and Finance Committee. The City has been in negotiations with Charter Communications for many years on this agreement. Ms. Amberg pointed out a couple of clerical errors in Section 13.

A discussion ensued regarding Section 12.2 Records Required, and Charter’s retention period for keeping written complaints for only one year. Robin Smith from Charter was present and she explained that they only keep written complaints for one year as that is all that is required by the FCC and other entities. Ms. Amberg noted she could request an annual report of the complaints Charter receives. Ms. Smith noted that if there are other providers with a franchise agreement you would need to request the same records from those entities to level the playing field.

Ms. Amberg addressed Section 15.5 (B) & (C) – Competitive Equity. She said they worked long and hard to get a definition on what those sections covered and feels satisfied with what they provided. The Administration/Finance Committee recommends placing this agreement on the February 12th meeting agenda for Council approval. The Council gave their unanimous consent.

• Urban Renewal – Michael DeHart Michael DeHart joined the Council at the table to continue his presentation on Urban Renewal. He reviewed the next steps in developing an Urban Renewal Agency (URA). He handed out a copy of the City of Forest Grove’s Ordinance their Council adopted when beginning their URA in 2014 that identified blighted areas and recognizing the need for an URA. He noted the Council would need to adopt their own similar ordinance and follow state statutes required for the formation of a URA if they should choose to move forward. He feels staff is ready to recommend Council action as to whether or not to establish an URA.

Mr. DeHart also handed out a wastewater capital improvement list and cost estimate in the proposed UR areas: Northern Industrial Wastewater Improvements - $1,610,000.00 (cost estimate from Sept. 2017) “Bald Knob” Industrial Wastewater Improvements - $2,511,000.00 (cost estimate from Sept. 2017)

A question was asked about the responsibilities and workload of the Council should they choose to form an agency. Michael explained that most of the work is done upfront and could possibly be done by an ad hoc committee; prioritizing projects and adopting the plan. Then the Council could serve as the board of the agency and meet when needed. Ms. Amberg noted that most cities use the Council as their board. Ms. Amberg said that maybe a suggestion could be made to the Mayor that an ad hoc committee be

Page 2 of 3 City of Creswell Work Session Minutes January 22, 2018 formed to look at whether or not to move forward with an URA. Mr. DeHart said over the past year we have gathered the necessary information and he could draft an ordinance and findings of blight. Once there was an agency it would be better to have an ad hoc committee to get the plan going. It is not his recommendation to begin planning activities for the URD (Urban Renewal District) until there was an agency formed. He will present his draft ordinance at the February work session.

A discussion ensued regarding whether or not the proposed areas qualify for a URD area. Mr. DeHart reviewed the criteria for findings of blight (ORS 457.010(1) – and said the proposed areas pretty much fit the bill and we should start earlier than later.

Councilor Mounce passed out the City Administrator evaluation sheets and asked Council to complete and turn in by February 12th.

Adjournment There being no further discussion, Council President Richard Zettervall adjourned the work session at 8:02 pm.

______Dave Stram, Mayor Attest:

______Roberta J Tharp, City Recorder

Page 3 of 3

Administrative Report Agenda Item No. 5

City of Creswell Monthly Police Activity- January 2018 Prepared by Sgt. Scott Denham, LCSO Calls for Service by Incident Types:

Incident Type Calls Case #s 90 80 Property 33 11 70 60 Person 13 2 50 Public Order 81 0 40 30 Individual Welfare 19 2 20 Calls 10 Case #s Vehicle 19 5 0 Offense Against State 11 6 Civil 10 1 Total 186 27 Measure 11 2

Property (Burglary, Thefts, Criminal Mischief, Trespass, Found Property, UUV, UEMV) Person (Assaults, Menacing, Harassment, Viol. Restraining Order) Public Order (Disorderly Subjects, Suspicious Vehicles/Persons, Animal Calls, Citizen Initiated Contacts) Individual Welfare (Welfare Checks, Missing Persons, Overdose, Suicidal Subjects) Vehicle (DUII, DWS, Illegal Parking/Vehicles, Traffic Hazard, Crash) Offense Against State (Drug, Warrants) Civil (Civil Service, Eviction Process, Gov't Administration) Measure 11 (Murder, Manslaughter 1&2, Agg. Veh. Homicide, Assault 1&2, Kidnap 1&2, Rape 1&2, Sodomy 1&2, Unlawful Sex Penetration 1&2, Sex Abuse 1, Robbery 1&2, Arson 1, Using Child in Display of Sexually Explicit Conduct, Compelling Prostitution) Aggregate Calls Calls Cases Month/Year Total Month/Year Property Person Public Individual Vehicle Offense Civil Measure Month/Year Property Person Public Individual Vehicle Offense Civil Measure Total Order Welfare Against 11 Order Welfare Against 11 State State

Jan-18 186 January 2017 (186) Calls 33 13 81 19 19 11 10 1 January 2018 (186 )Calls 11 2 0 2 5 6 1 1 27 Feb-18 February 2017 () Calls February 2018 () Calls Mar-18 March 2017 () Calls March 2018 () Calls Apr-18 April 2017 () Calls April 2018 () Calls May-18 May 2017 () Calls May 2018 () Calls June -18 June 2017 () Calls June 2018 () Calls July-18 July 2017 () Calls July 2018 () Calls Aug-18 August 2017 () Calls August 2018 () Calls Sept-18 Sept 2017 () Calls Sept 2018 () Calls Oct-18 Oct-2017 () Calls Oct 2018 () Calls Nov-18 Nov-2017 () Calls Nov 2018 () Calls Dec-18 Dec-2017 () Calls Dec 2018 () Calls

2018 LCSO Creswell Call Tracking 200 1 180 10 11 160 19

140 19

120

100 81 80

40 13

20 33

0 January 2017 (186) Calls February 2017 () Calls March 2017 () Calls April 2017 () Calls May 2017 () Calls June 2017 () Calls July 2017 () Calls August 2017 () Calls Sept 2017 () Calls Oct-2017 () Calls Nov-2017 () Calls Dec-2017 () Calls

Property Person Public Order Individual Welfare Vehicle Offense Against State Civil Measure 11

2018 LCSO Creswell Case Tracking 30

1 1 25 6

15 2 0 2 10

5 11

0 January 2018 (186 )Calls February 2018 () Calls March 2018 () Calls April 2018 () Calls May 2018 () Calls June 2018 () Calls July 2018 () Calls August 2018 () Calls Sept 2018 () Calls Oct 2018 () Calls Nov 2018 () Calls Dec 2018 () Calls Property Person Public Order Individual Welfare Vehicle Offense Against State Civil Measure 11 CODE ENFORCEMENT ACTIVITY REPORT

Parking/Vehicles January 2018

Parking/Vehicles Misc. Trailers/RVs/Boats

Trailers/RVs/Boats

Garbage, Trash, Junk

Misc.

Garbage, Trash, Junk

Continuing Cases:  Bald Knob  Whistle Stop

Abandoned/Foreclosed Homes:

101 W. D Street 785 S. 2nd Street 92 Almond Way 491 Creswood 106 Robin Court 143 N Front Street

Permit Totals Monthly and Y-T-D Building Permits Construction New Single New Garages, Issued (Structural, Permits Special Family Shops or New Plumbing & (Work in R-O-W / Electrical Fence Event Dwellings- Storage - Commercial Fiscal Year 2018 Mechanical) Public Works) Permits Sign Permits Permits Permits Residential Residential Buildings July 13 2 8 1 1 1 2 0 0 August 9 1 13 0 0 1 1 0 0 September 11 5 3 0 2 1 2 2 0 October 17 7 10 1 0 1 3 1 0 November 9 1 2 0 2 0 1 0 0 December 4 1 10 1 1 0 0 0 0 January 15 4 11 0 1 0 4 0 0 February March April May June Total No. of Permits Y-T-D 78 21 57 3 7 4 13 3 0

Strategic Plan

2016-2021 Adopted November 13, 2017 Updated January 2018

LETTER FROM THE MAYOR

If you are reading this it means that you are about to open the first page of Creswell’s recently completed Strategic Plan. I believe you will like what you see! This plan has been three years in the making and it is well worth your time to read and consider. In 2013, I began my service as Mayor of Creswell. There were many tasks for the City Council to address, but one of the most important was to set a direction for the future. We took the first step by setting six-month work goals. The following year, we took another step by setting 12- and 18-month work goals. These initial steps prepared us to take the BIG step, and in 2015 began work on a five-year Strategic Plan. Interviews were conducted with the Mayor and Council, City Administrator, and staff. Residents were surveyed. Students at our Creswell schools were asked for input. Having received valuable input from residents, councilors and staff, initial vision statements and goals were formed. The Council then reviewed the vision statements and settled on one, prioritized goals and objectives, and developed a realistic list of actions that could be accomplished within five years. Enclosed will find the Creswell Strategic Plan, 2016-2021. While this is our final product, it certainly is not the end, but rather the beginning of an exciting adventure. We have a roadmap to follow; now it’s time to start the engine and go. We have a dream; now it’s time to turn the dream into reality. And it will take all of us to do so. I would like to encourage you to find a place of service and get involved in your community. Creswell needs you. You have gifts and talents to give for the good of Creswell. Our shared future holds great promise. As you read this Strategic Plan, please consider what you might do to help Creswell be the very best small town in Oregon. After all, we are “The Friendly City!”

Glad to be serving as your Mayor,

Dave Stram Mayor

CITY OF CRESWELL STRATEGIC PLAN | 2 OUR STRATEGIC PLAN Mission, Vision & Values

VISION Creswell will continue to be a friendly place where people want to live and work. We envision a safe, inclusive, family-oriented small town of desirable neighborhoods with rural roots. Our community will support a resilient, robust local economy, serving as a gateway to outdoor recreation and travel. Our citizens will be actively engaged in improving and maintaining a high quality of life.

MISSION The City of Creswell exists to provide quality, reliable, and affordable city services to city residents and businesses, creating a safe, livable, and attractive community with a unique small-town atmosphere.

VALUES

Integrity We earn the trust of the community and each other through honesty and accountability.

Collaboration We foster a culture based on teamwork, mutual respect, and open communication.

Problem Solving We are committed to finding creative solutions to effectively deliver government services.

Approachable We are accessible, friendly, and work in partnership with our citizens. Employee Well-Being We value city employees and are dedicated to their highest levels of success.

CITY OF CRESWELL STRATEGIC PLAN | 3 OUR STRATEGIC PLAN Strategic Goals

The purpose of our strategic plan is to help City staff and leadership set a course of action for Creswell for the next five years, by:

• Establishing goals for our community and government • Determining how to effectively achieve those goals • Assessing and reporting our progress Our goals, and the objectives supporting them, are presented in priority order throughout this plan. Priorities were determined by the City Council, utilizing input from City staff and a community survey. We will build upon this guidance during the annual budgeting process, balancing our priorities with available human and capital resources.

Accountable Government Deliver programs and services transparently, effectively, and efficiently.

Economic Development Build the City’s capacity to support and attract businesses, create jobs, and position Creswell for sustainable growth.

Safety and Preparedness Ensure a safe community through proactive and responsive protection of life, property, and infrastructure.

Quality of Life Create a great place to live by providing infrastructure that supports our community’s needs, access to recreation opportunities, and safe neighborhoods.

Community Engagement Inspire citizen engagement in shaping and serving the community.

CITY OF CRESWELL STRATEGIC PLAN | 4 STRATEGIC GOAL #1 Accountable Government

Deliver programs and services transparently, effectively, and efficiently.

OBJECTIVES & ACTIONS

1. Develop an efficiency- and outcome-based performance measurement program

A. Develop annual departmental work plans linked to the strategic plan and budget. i Public Works Included in 2017/18 Capital Improvement Plan (CIP) ii Airport Included in 2017/18 Capital Improvement Plan (CIP) iii Finance Included in 2017/18 Budget document iv Community Development Included in 2017/18 Budget document

B. Establish metrics of success for City programs and services. i Metrics listed for programs Completed; Budget adopted 6/13/16; Awarded GFOA Budget in FY 2016/17 Budget Award a. Automated Weather Observation System (AWOS) installed at airport. b. Iworq software is being utilized to track code enforcement c. New phone system installed and operational d. Camera security system installed throughout City Hall

C. Update job descriptions and conduct annual performance evaluations with results metrics tied to departmental goals.

ii Department performance Completed December 2015 evaluations completed by Completed December 2016 department heads New evaluation process implemented December 2017 iii Municipal Court Negotiation of a new contract with Municipal Judge completed 2017 Evaluation to be completed in 2018 iv City Administration 2017 Evaluation complete v City Attorney Evaluation process to be developed by Administration and Finance Committee a. Employee Handbook Updated and Adopted 6/13/2016

D. Utilize open government software for transparent expenditure reporting. a. New software and information posted to City website completed. b. New lien software installed. c. City code updated and posted on internet with links available on city website. CITY OF CRESWELL STRATEGIC PLAN | 5 d. Radio read meters installed to 65% of water customers e. Caselle software upgrade completed

2. Develop and implement a long-term financial plan that reflects service levels desired by the public

A. Leverage technology to deliver programs and services more effectively and efficiently. • New website designed and running; updated regularly • OpenGov installed and updated regularly • City Website posted spring 2017 • Code Enforcement – Upgrade to IWorq to include code enforcement module • Cassell Upgrade completed March 2017 • City Hall camera security system installed 2016 • AWOS – Automated Weather Observation System installed at the airport and operable in 2016 • Lien Docket – Software installed 2017 • Electronic meter reading – Installation program underway • Municipal Code On Line • Airport Readerboard – June 2017

B. Ensure that staff compensation and benefits are competitive regionally by conducting compensation studies every 5 years. i Compensation study completed Completed; salary table updated 6/15/16 for FY 2016/17; salary and adopted in 2015 table updated in FY 17/18 Budget

C. Invest in staff training and development.

i Assure that staff has the 2018 Certifications: proper required certifications ii Create staff training program utilizing CIS learning center iii Training staff and elected CIS Best Practices requirement officials on anti-harassment policy every two years iv Train staff and elected officials CIS Best Practices requirement on drug and alcohol policy v CDL Random Testing On Going

• Employee/staff training is ongoing.

CITY OF CRESWELL STRATEGIC PLAN | 6 D. Adopt comprehensive financial policies. ii Renew Charter Franchise Finance Committee Charge – Met with Christy Monson from Speer i Agreement Hoyt on May 23, 2016 to review Telecommunications Ordinance; she will meet again with the committee to discuss amendments to the ordinance. Ordinance amended in February 2017; negotiations with Charter underway v Review Sanitation Ordinance Finance & Administration Committee Charge; meeting with Sanipac and Franchise Agreement on November 9, 2017.

E. Adopt an annual budget with updated fees reflecting the cost of service.

i Develop 5-year revenue and Development of Capital Improvement Plan (CIP) underway for FY expenditure projections 17/18 Budget – completed and will be included in annual Recommended Budget for consideration by Budget Committee ii Review and make Charged to Finance Committee – Under review and will be recommendations on fees presented along with FY 2017/18 Budget and annually thereafter charged for City services iii Adopt annual budget Scheduled for May/June 2018 iv Building & Safety Review contract with NW Building Professionals and establish methodology to address violation in existing structures Explore other contracting possibilities Contract with the City of Cottage Grove February 2018 2016-17 Annual fiscal budget completed – GFOA Budget Award 2017-18 Annual fiscal budget completed

3. Develop a comprehensive Capital Improvement Program (CIP)

A. Develop a plan and identify funding to provide water and wastewater service to the airport. i Waste water options Presented in Waste Water Facilities Plan Update 2016 – final review Summer 2017; Adopted by City Council October 2017

B. Develop a plan for the DeBerry Landfill site. i City owned, unlined landfill that Landfill Closed December 2016 has not been officially closed by DEQ ii Neighbors wish to purchase the Property agreement signed January 31, 2017. Recorded 3/30/17 property

CITY OF CRESWELL STRATEGIC PLAN | 7 C. Assess the relevance and completeness of departmental capital plans and needs lists. i Develop Capital Improvement Draft CIP presented to City Council at September 26, 2016 Work Plan (CIP) and update annually Session; draft presented for FY 2017/18 Budget and updated annually thereafter

D. Transfer of County park property (aka Cinderella Park).

i Transfer County Park Property Cinderella Park transfer County has received grant from DEQ to conduct survey of park land to delineate old garbage cells and evaluation water quality

E. Streets i 6th Street Sign installation on City section of 6th Street completed 10/19/17 ii Speeding Grant request for two radar signs submitted to State Farm October 2017

4. Policy Development and Implementation A. Elections i Marijuana Initiative November 2017 - defeated

B. Ordinances i Distressed Property Registration Ordinance ii Graffiti Removal Ordinance

PERFORMANCE MEASURES

> Balanced budget with reserve goals met.

> Completed policy and process improvement projects. > Quarterly report on strategic plan accomplishments to Council.

CITY OF CRESWELL STRATEGIC PLAN | 8

CITY OF CRESWELL STRATEGIC PLAN | 9 STRATEGIC GOAL #2 Economic Development

Build the City’s capacity to support and attract businesses, create jobs, and position Creswell for sustainable growth.

In five years, I want Creswell OBJECTIVES & ACTIONS “to build a reputation for embracing, welcoming, and supporting businesses of all

1. Create and implement an economic sizes.” development plan

A. Complete Economic Visioning project. i U of O Contract Economic Visioning meetings held, interviews with local businesses and stakeholders, interview Creswell Chamber of Commerce Project Completed and report presented September 2016 ii Develop Economic Development Toolkit iii Hire Economic Development Michel DeHart hired July 11, 2016 Coordinator

B. Revitalize downtown Creswell through beautification efforts, design standards, and targeted retail and small business attraction.

i Creswell Beautification Event May 21, 2016 Oregon Ave Planters 2017

C. Leverage the City’s assets and location to attract tourism. i Travel Lane County (Eugene, May 2016, renewed membership FY 2016/17; 2017/18 Cascades and Coast) ii Develop tourism opportunities Investigate possible yurt campground for overnight stays at the Airport Improved signage Reader board visible from freeway installed early 2017 iii Develop strategy for 2021 IAFF World Championships at Hayward Field in Eugene iv Conduct Economic Vitality Summit held September 24, 2016 in cooperation with Creswell First! Summit Community Foundation and RDI v Contract with Chamber of Three-year contract executed July 1, 2017; funded by transient Commerce for Visitors Center occupancy tax and Tourism-related Events

CITY OF CRESWELL STRATEGIC PLAN | 10 D. Develop economic strategies for vacant commercial and industrial lands, including Bald Knob

i Address blight and brownfield Met with regional solutions team; RARE worked on grants/due at Bald Knob site diligence; presentation to City Council on April 13, 2015 in Executive Session. Received state grant for Phase I and Phase II Environmental Study – completed May 2016. Working with Governors Regional Solutions Team on off-site improvement funding; working with ODOT to establish access to site. There is considerable interest in the water that flows through the site (Hill Creek) and the desire to improve water quality. Owners pulled property off the market in 2016. Will address blight through Code Enforcement in 2017/18. Met with regional solutions team in Feb/March 2017 to discuss development potential. Continue to follow up on leads. ii Business Oregon Grant for Bald Grant request submitted November 2017 Knob Property iii Surplus old shop property Property surplussed; bids received from three interested parties; property surveyed and divided; property line adjustments recoreded; pending sale to Brother’s Plumbing, Carter and Susan McReynolds, and Camas Swale Clinic. One property remains for sale. iv Redevelop old Ray’s building Tractor Supply Store to open April 2018

E. Explore development and operating options at the airport. i Monitor airport to assure it is There was a net decrease of $17,072for FY 16/17. financially sustainable ii Complete plan on Airport OSU – Dr. Sally Duncan – Interns prepared a SWOT report which Sustainability was presented to City Council August 2015. Dr. Erika Wolters – working with students on a Cost Benefit Analysis for various airport operational options. Draft presented to joint meeting of the Transportation and Public Works Committee and the Airport Commission 6/6/16. iii Promote Airport Young Eagles flights for 2017 July 4th iv Explore construction of new Under study by OSU – no recommendation; Under review by hangars Finance Committee – Exploring financing options and will make a recommendation to City Council in 2017 v Explore purchase of hangar Finance Committee Charge - Exploring financing options and will leases make a recommendation to City Council in 2017 vi Explore contracting out airport OSU study complete – recommendation is for City to retain management management of airport vii Develop long term leases for Completed, reviewed by attorney, waiting review by Take Wing business tenants Aviation viii Develop plan to supply Airport Met with IFA on August 18, 2014; follow up meetings with city staff with water and sewer services and engineer Sept 15, 2014. Sewer options included in Waste Water Facilities Plan (to be referred to DEQ in July 2016); Also exploring alternative restroom solutions. ix AWOS – Weather station at Final installation and commissioning June 13, 2016. Final bill Hobby Field authorized for payment on September 12, 2016. CITY OF CRESWELL STRATEGIC PLAN | 11 x Develop Airport Rules for Adopted fall 2016. Hobby Field xi Develop a unified vision for the Airport Visioning committee developed list of recommendations for airport that includes its consideration by Airport Commission and City Council. relationship with the City overall

F. Collaborate with the Chamber of Commerce to develop tourism resources and marketing materials.

i Meet with Chamber to discuss Three-year contract approved February 2017; First report July 2017 contract Costs are offset by transient occupancy tax revenue.

“The City needs to be an active player in creating a sense of place because then, we will have a sense of community. I think the City needs to work with business leaders and property owners to develop actionable steps together to create a more attractive, sustainable business environment.”

2. Update the City’s comprehensive plan

A. Ensure the plan addresses natural resources, including the Butte Protection Area, flood plain, and wetlands. i Describe Butte Protection Area and show on City maps as well as include in Development Code ii Amend Flood Plain Overlay Zone Hold joint public hearing with City Council and Planning Commission iii Drinking Water Protection Grant A draft map has been completed of the Source Water Protection Area. Additionally, resource materials and DEQ sample templates have been compiled and reviewed for citation in the plan. DEQ is working on finalizing their update source water data. (This was CITY OF CRESWELL STRATEGIC PLAN | 12 initially supposed to be completed by DEQ in Sept 2016 but there were unforeseen delays on their part). The previous version is from 2002, waiting for the update will ensure more relevant information and would make the plan a stronger document. Setting up the first partner meeting in late January or early February. Completed 2017.

B. Determine whether to expand the Urban Growth Boundary.

Annexations i 83320 N. Harvey Road Adopted by Ordinance 496 at April 11, 2106 City Council meeting ii Annexation Niblock Street iii 5th Street Annexation iv 82988 10th Street Single Family Residence

C. Update economic development policies. i Develop and Update based on Economic Opportunities Analysis RFP issued January 2018. Economic Opportunities Analysis

D. Goal 5 Inventory – Address Natural (wetlands, floodplain), Scenic (Butte Protection Area), Historic/Cultural Resources and Open Space

i Review and adopt State-funded Wetlands Inventory ii Amend Floodplain Overlay Zone pending FEMA Physical Map Revision iii Review and adopt historic/cultural resources inventory iv Incorporate Butte Protection Area as scenic resource v Develop Comprehensive Plan policy to reflect/incorporate Goal 5 resources

CITY OF CRESWELL STRATEGIC PLAN | 13 E. Goal 6 Review (Air, Water, Land Quality)

i Complete a Drinking Water Draft Completed by Willamette Coast Fork Watershed; public Source Protection Plan meeting held October 17, 2017 ii Update Total Maximum Daily Load (TMDL) Implementation Plan iii Adopt Low-Impact Development Standards iv Develop Comprehensive Plan policy to reflect/incorporate Goal 6 resources

F. Goal 8 Study (Recreation Needs)

i Summarize recreation resources as an Appendix to Parks & Open Space Plan ii Develop Comprehensive Plan policy to reflect programming and resource direction

G. Goal 9 Analysis (Economy)

i Perform an Economic RFP issued January 2018. Opportunities Analysis ii Inventory Buildable Lands for RFP issued January 2018. Employment (commercial, industrial) iii Develop Comprehensive Plan policy to reflect need and direction of economic development

H. Goal 10 Analysis (Housing)

i Perform a Housing Needs RFP issued January 2018. Analysis ii Inventory Buildable Lands for RFP issued January 2018. residential uses iii Develop Comprehensive Plan Policy to accommodate need and desired housing mix CITY OF CRESWELL STRATEGIC PLAN | 14 I. Goal 14 Analysis (Urbanization)

i Determine need for an Urban Growth Boundary Amendment ii Perform UGB Alternatives Analysis iii Develop Comprehensive Plan policy to accommodate need and amend Comp Plan Map to expand the UGB, as necessary

J. Goal 15 Overlay (Willamette Greenway)

i Summarize river protection area requirements as an Appendix to Parks & Open Space Plan ii Create Willamette Greenway Overlay Zone iii Evaluate need to amend Comprehensive Plan policy for riparian buffer along river

3. Explore implementation of an Urban Renewal Area (URA)/Redevelopment Agency

A. Explore alternative funding methodologies to improve the Bald Knob site. i Business Oregon Grant Grant application sent November 2017

B. Develop semi-truck/trailer access to Bald Knob industrial site off of the intersection with I-5 south between the Super 8 Hotel and TJ’s restaurant. i Semi-Truck Access to northern Approved by ODOT 2017 portion of Bald Knob property – off of I-5

CITY OF CRESWELL STRATEGIC PLAN | 15 C. Work with the Association of Oregon Redevelopment Agencies (AORA) to develop an urban renewal plan. i Address Infrastructure investments and improvements south of Oregon Avenue commercial/industrial and east of 99 to be targeted vacancies/constraints ii Revitalize downtown area Pedestrian and façade improvements to stimulate commercial activity using URA funds to be targeted

D. Urban Renewal Area/Redevelopment Agendy Feasibility Study i Conduct Study Consultant contract for Council Consideration on July 10, 2017; Feasibility Study underway Report to City Council January 2018

PERFORMANCE MEASURES

> Retail and office vacancy rate. > Economic Development Plan completed.

> Transient occupancy tax.

CITY OF CRESWELL STRATEGIC PLAN | 16 STRATEGIC GOAL #3 Safety and Preparedness

Ensure a safe community through proactive and responsive protection of life, property, and infrastructure. In five years, “I would like to be

able to see that we can come OBJECTIVES & ACTIONS together as a community and support one another in our goals. Being safe in our 1. Secure permanent funding for law enforcement community and knowing that to meet the community’s desired level of service. when we have an emergency, help is on its way in a timely manner.”

A. Explore establishing a public safety district. i Follow Fern Ridge Public Safety Fern Ridge Ballot Measure Failed May 2016; Measure redesigned District developments and being prepared for November 2018 ballot

B. Consider and implement recommendations from the public safety study.

i Contract with Lane County Renewed for FY 2016/17; 2017/18 Sheriff for Policing Services Upgraded Sergeant to full-time July 1, 2017 ii Explore Public Safety Fee November 2016 Election – measure failed versus Public Safety Levy iii Public Safety Utility Fee Passed Ordinance 495 and Resolution 2016-03 establishing rate at $6.25 on July 1, 2016; Rate increase to $6.75 effective July 1, 2017 to support 1 fulltime sergeant and 3 fulltime deputies iv Develop a plan to move to 24/7 November 2016 Election – measure failed; Staffing effective July 1, Police coverage 2017 = 1 Sergeant & 3 Deputies, all full-time

2. Develop community emergency preparedness plans, including training and exercises that engage the community.

A. Identify, prioritize, and seek funding for infrastructure improvements to support emergency preparedness, response, and continuity of operations. i Develop an Emergency Draft Plan distributed to City Council December 2017 Operations Plan Table top drill planned for 2018 ii Develop a Continuity of Operations (COOP) Plan CITY OF CRESWELL STRATEGIC PLAN | 17 iii Input City data into the Agility CIS Best Practice Requirement Recovery website iv Apply for COAR Grant for Considering Airport as site of EOC Airport

B. Establish a Teen CERT (Community Emergency Response Team) program. i Develop program Meetings with Fire, Sheriff’s, School District and citizen volunteer have been held; curriculum printed and distributed; train the trainer workshop completed in May 2016; funding for the program included in the FY 2016/17 Budget ii Implement the program February 2017 – July 2017 = 9 graduates iii Monitor the program First course completed in partnership with SLCFR with nine (9) graduates in 2017.

C. Apply for grants from FEMA and other agencies to support preparedness. i Explore use of and develop plan Discussions and awareness raised in 2016 for Airport in emergency ii Create an Emergency Discussions were held in 2016; City Council designated Airport as Operations Center (EOC) primary site and PW shops and secondary site December 2017. iii Hold Emergency Table Top Drill Staff only drill with South Lane Fire and Rescue planned for 2018

D. Complete the City’s Emergency Operations Plan. i Develop an Emergency Meet with County Emergency Preparedness Coordinator, Public Operations Plan (EOP) Works, Sheriff Deputies, Fire and CIS to discuss plan development and elements. Plan under development under cooperative agreement with City of Veneta; plan nearing completion. Draft plan shared with City Council December 2017. ii Dedication of Authority Meeting scheduled between SLCF&R and Public Safety Committee on March 21, 2017. Decision was reached that this will be included in Emergency Operations Plan. iii Explore use of and develop plan Discussions; Airport Visioning exercise scheduled for January – for Airport in emergency May 2017 iv Create an Emergency City Council designated the airport and Public Works Shops as Operations Center (EOC) primary and secondary EOC sites in December 2017 v Hold Emergency Table Top Drill Staff only drill with South Lane Fire and Rescue planned for 2018

CITY OF CRESWELL STRATEGIC PLAN | 18 E. Collaborate with community organizations to deliver “a year to prepare” events.

i A Year to Prepare Campaign Public Safety Committee Charge Started October 2017 with publications in Creswell Chronicle ii Emergency Preparedness Fair Public Safety Committee Charge Scheduled for May 19. 2018 at the Cobalt Activity Center

F. Establish and train staff to operate an Emergency Operations Center. i Create an Emergency Operations City Council designated the airport and Public Works Shops as Center (EOC) primary and secondary EOC sites in December 2017 ii Hold Emergency Table Top Drill Staff only drill with South Lane Fire and Rescue planned for 2017

3. Implement New Code Enforcement Policy and Procedures A. Enforcement i 225 F. Street 2017 ii Bald Knob On-going iii Increase Code Enforcement to .5 FTE • Address violations in a timely manner with a team-oriented approach when warranted • Code Enforcement Policy completed

4. Explore Establishment of a Teen Court i Presentation to City Council Scheduled for March 2018

5. Provide safety training opportunities for City Council, staff and volunteers

A. CERT i Teen CERT Program Provided in conjunction with SLCFR 2017

B. OSHA Safety Training i Monthly Staff Trainings Held Each month a different employee chooses a training topic and provides training ii PW Tail Gate Safety Meetings Monthly Held

CITY OF CRESWELL STRATEGIC PLAN | 19 iii Quarterly Facility Inspections Inspections are held Quarterly Conducted 1st Quarter: Cliff & Michelle F 2nd Quarter: Roberta & Michael 3rd Quarter: Maddie & Shelley 4th quarter: Jim & Jennifer

C. ALICE Training i. LCSO to provides training TBD 2018

PERFORMANCE MEASURES

> Emergency Operations Plan completed. > 24/7 police presence established. Annual ALICE training conducted 10 Safety meetings held per year, quarterly safety inspection and completed and filed, annual OR_OSHA postings are placed in breakrooms. IWorq software program fully implemented and used to track all code complaints; the number of noxious vegetation complaints; and, the number of closed cases. Community Safety Fair 12 Months to Prepare Code Enforcement Implementation

CITY OF CRESWELL STRATEGIC PLAN | 20 STRATEGIC GOAL #4 Quality of Life

Create a great place to live by providing infrastructure that supports our community’s needs, access to recreation “In five years, I hope Creswell charts a strong path forward to opportunities, and safe neighborhoods. realize a community its residents want to live in. This includes resolving infrastructure OBJECTIVES & ACTIONS challenges like water, wastewater, stormwater, and 1. Ensure that safe, quality water, sewer, and roads; as well as creating the transportation service is available to meet the current space for vibrant community development with parks, and future needs of the community community spaces folks want to use, and cultural amenities can make the community stand out with its own identity.” A. Update and implement infrastructure master plans, including:

Draft complete; final presentation to City Council June 27, 2016; before City Council for final review 7/11/16 – DEQ for Review and Waste Water System Facility comments received December 2016; City Engineers to respond to i Plan DEQ comments by June 2017; Give consideration to building

mechanical plant and TMDL requirements from DEQ; also changes to MOU ii Water System Facilities Plan Funding included in FY 2016/17 Budget – Westech developing plan Funding included in FY 2016/17 Budget. Working with ODOT to develop cooperative IGA and SOW and have ready by the end of January 2017, the project will most likely take place from February/March 2017 to March 2019, with the last 4 to 6 months Transportation System Plan, essentially being the adoption phase: including bicycle, pedestrian, iii • Payment 1 – $12,500 in March 2017 (in FY 17) and transit elements • Payment 2 – $25,000 in July 2017 (at the beginning of state

FY 18) • Payment 3 – $12,500 in July 2018 (at the beginning of state FY 19) Total plan cost = $205,180; City contribution $50,000 iv Storm Water Facilities Plan TBD

B. Work with ODOT to develop a solution for Highway 99 intersection safety and accessibility.

i Highway 99 alignment is This will be addressed in TSP insufficient to serve industrial lands, and does not provide for bike and pedestrian safety or ADA compliance CITY OF CRESWELL STRATEGIC PLAN | 21

C. Explore innovative solutions to improving the sustainability of Creswell’s water and wastewater systems. i Coast Fork Willamette River Presentation to City council on October 27, 2014. Update provided Surplus Water to Transportation and Public Works Committee on March 10, 2015. Spring 2016 Adam Sussman is working on water right for impounded water – if the water rights are awarded to the City then we can move forward with a contract with the Army Corps of Engineers (ACE). ii Develop contract with U of O to Met with developers and discussed concept; this is at least a two- receive effluent for use at golf year project; amended contract with West Yost through April 2016, course at Sher Kahn Rid no further development.

D. Identify funding to rebuild or replace prioritized streets and sidewalks to meet current and future needs. i Transportation System Plan In FY 2016/17 Budget - Working with ODOT to develop Update cooperative IGA and SOW and have ready by the end of January 2017, the project will most likely take place from February/March 2017 to March 2019, with the last 4 to 6 months essentially being the adoption phase: • Payment 1 – $12,500 in March 2017 (in FY 17) • Payment 2 – $25,000 in July 2017 (at the beginning of state FY 18) • Payment 3 – $12,500 in July 2018 (at the beginning of state FY 19) Total plan cost = $205,180; City contribution $50,000 ii Safe Routes to School

E. Secure funding for additional treatment at the Wastewater plant to meet existing and new permit requirements.

TBD

CITY OF CRESWELL STRATEGIC PLAN | 22 2. Expand bicycle, pedestrian, and outdoor recreation opportunities for City residents.

A. Update the Parks Master Plan. i Incorporate Hill Creek Hill Creek Management Plan completed ty Watershed Council Management Plan ii Involve community members Parks and Tree Advisory Committee iii Garden Lake Master Plan RFP drafted and under review by Parks and Tree Advisory Committee. Consultant to be selected and work to begin in FY 2017/18 iv County Park Lands Transfer Transfer of 57-acre landfill/regional park to the City of Creswell to be used as a park; met with County staff; approved by County Park Committee; to be considered by County Commissioners in 2017; will eventually require naming and master planning v Select Consultant RFP drafted and reviewed by Parks and Tree Advisory Committee. Consultant to be selected and work to begin in FY 2017/18; Conservation Technix selected; First meeting with Parks and Tree Advisory Board November 21, 2017

B. Identify funding to develop additional parks and acquiring park lands.

i Pocket Park on 1st Street Construction completed August 2016 ii Use of transient occupancy tax Develop Garden Lake Park Master Plan for tourism-related improvements at Garden Lake Park iii County Park Lands Transfer Transfer of 57-acre landfill/regional park to the City of Creswell to be used as a park; met with County staff; approved by County Park Committee; to be considered by County Commissioners in 2018; will eventually require naming and master plan iv Explore yurt Considered by Airport Visioning Committee 2017 campground/park at airport v 10th Street Property – tax Discussed and rejected by City Council 2017 foreclosure vi Purchase property south of Approached properties along south 2nd Avenue – Fall 2017 Oregon Avenue for Park New Hope Baptist Church is willing to sell western acre - 2018 Approached 411 Holbrook re: land swap – December 2017 vii Clean out Hill Creek (annually) This is done to maintain water flows through Garden Lake Park and set up diversion dam on May 2016 Coast Fork viii Explore alternatives for Discussions are on-going with state agencies to clean up improving water quality contamination at Bald Knob and establish riparian/science park; flowing into Garden Lake Park property taken off the market by owner in 2017; to be included in Parks Master Plan Update

CITY OF CRESWELL STRATEGIC PLAN | 23 C. Develop a plan to establish community and recreation services at the Cobalt Building through non- profits or contractors.

i Winter family movie night Starts December 30, 2017 through March 2018 – 5 movies ii Afterschool Program – Cobalt Furnishings have been purchased. Operating two afternoons per Kids week during the school year. iii Corn Hole Tournament Private club Winter 2016/17 iv Martial Arts Fitness Classes – all Vincente Rubio ages v Install a Commercial Kitchen Planning and fundraising underway D. Maintain and enhance streets, bike lanes, and sidewalks to meet the defined level of service.

i Paint Bike lane striping & Annual maintenance completed by the end of summer emblems, street striping ii Curb Painting Ongoing – completed by the end of summer iii New flashing stop signs Installed June 2017 at 1st and Oregon Ave; Installed October at Oregon Ave and Front Street. iv Street Lights on Niblock Lane Work with County and EPUD to install street lights 2017/2018

PERFORMANCE MEASURES

> Infrastructure plans completed. Waste Water Master Plan Update completed

> Miles of trails, sidewalks, and bike lanes maintained by the City. > Percentage of streets in good condition. > Total park acreage maintained by the City. > Wastewater treatment plant capacity remaining. > Additional park land secured for the city.

CITY OF CRESWELL STRATEGIC PLAN | 24 STRATEGIC GOAL #5 Community Engagement

Inspire citizen engagement in shaping and serving the community. “I love living in this town. The people are friendly and respectful. Many of the citizens OBJECTIVES & ACTIONS are very involved in community functions and improving life for others. I am happy that I am 1. Leverage Creswell schools, non-profits, and working, playing, living, and community organizations to increase citizen raising my children here.” participation in City activities

A. Develop community collaborations to invest in neighborhood preservation and beautification. i Partner with Historical Society This will be included in the 5th Street improvement project in to establish paved parking Summer 2018 – on street parking ii Partner with Heritage Building evaluation revealed over $200,000 renovation required; Foundation to restore Old decision on disposal of property postponed until August 2017 by School House City Council. Kinsman Grant awarded April 2017; exploration of Oregon Most Endangered Site Designation 2017 Property declared surplus December 2017 Property to be transferred to Heritage Foundation February 2018

B. Strengthen partnerships with the Creswell School District to involve students in City government. i Meeting with School As needed Superintendent ii Teen CERT Program Co-sponsored with SLCFR iii PEG Access – video program To be negotiated with Charter as part of the franchise agreement iv Surveys Parks and Tree Board to survey youth for Parks and Open Space Master Plan v Vision to Action Plan: Bald Knob Held at schools in 2016 v Teen Court vi Classes at Creswell Airport Vocational, pilot, etc. • Teen Court • Vocational training program at the Creswell Airport

CITY OF CRESWELL STRATEGIC PLAN | 25 C. Engage non-profit organizations to collaborate on City projects. i Historical Society City supports historical society with electric bill, Travel Lane County membership. Improved parking in 2018. ii. Community Service Grant Creswell First! Community Foundation manages program on behalf Program of the City iii Teen CERT Co-Sponsored by South Lane County Fire and Rescue, the Creswell School District and City iv Old School House Working with Creswell Heritage Foundation; have applied for two grants on behalf of Creswell Heritage Foundation v Commercial Kitchen Work with Creswell Food Pantry to establish a commercial kitchen at the Cobalt Activity Center vi Hope Restored City paid permit fees for 2017 project houses vii Watershed Council member on Member appointed in fall 2017 Parks and Tree Advisory Board viii Grants Siletz Charitable Foundation grant for Cobalt Kids program; grant request for floating floor and mirrors for Cobalt gym. ix Lane Council of Governments Councilor Zettervall represents City (LCOG) x Land Area Commission on Councilor Mounce represents City Transportation (LACT) xi Oregon League of Cities (LOC) All Council members attending 2017 annual conference in Portland

• Old School House – work with the Creswell Heritage Foundation • Work with Creswell Food Pantry to establish a commercial kitchen at the Cobalt Activity Center. • Hope Restored • Teen CERT • Hometown Heroes Military Banners • Watershed Council on Parks and Tree Board • Siletz Tribe support of Cobalt Kids

CITY OF CRESWELL STRATEGIC PLAN | 26 2. Cultivate City visibility at community events, including farmers markers, parades, and school activities

A. Utilize social media, the City’s newsletter and reader board, and other methods to promote events. i Social Media Facebook Page ii Newsletter Sent out quarterly in utility bills iii Readerboard Updated regularly iv Airport Readerboard Updated regularly v Website On-going vi Posting notices in Creswell On-going Chronicle vii Communicator emails On-going

B. Participate in the 4th of July festivities. i Funding provided for Fireworks From tourism line item; increased focus on Chamber of Commerce and Park Entertainment (from events is reflected in FY 2016/17 budget; 2017 contract; 2018 Tourism) contract ii Public Works assistance with Completed for 2016; 2017 setting up park and streets iii Joint meeting with Creswell May 23, 2016; June & July 2017 Chamber of Commerce and City Council to discuss plans for parade C. Establish a City booth at farmers markets to periodically promote City events and education.

TBD

CITY OF CRESWELL STRATEGIC PLAN | 27 3. Coordinate community activities using regional and national guidance

A. Participate in national events, for example National Night Out, Public Works Week, EMS Week, and National Arbor Day. i Veterans Day City assists with policy modification and road closures ii Hope Restored 2 homes in Creswell were rehabbed by volunteers May 2016 - city paid fees for permits and dumping at the landfill; 3 homes in 2017 - city paid fees for permits and dumping at the landfill iii Teen CERT Co-Sponsored by South Lane County Fire and Rescue, the Creswell School District and City iv Summer Food Program At Holt Park; Summer 2016; Summer 2017 v Veteran’s Day Ceremonies City assists with policy road closures vi Annual South Lane Fire City assisted with road closure and use of parking lot District Movie Night/block party vii Annual Arbor Day Celebration Tree City Award for 2016, 2017 viii Earth Day Celebration ix Party in the Park To assist youth in preparing for new school year – held in Holt Park x Winter Movies at the Cobalt December 30, 2017 through March 2018 xi Travel Lane County membership xii Winter Tree Lighting Festival December 2, 2017 and Light Parade PERFORMANCE MEASURES

> Students and classes participating in City programs. > Number of non-profit and community organizations partnered in City events or programs.

> Council, Commission, and Board vacancies filled.

CITY OF CRESWELL STRATEGIC PLAN | 28 OUR STRATEGIC PLAN Acknowledgements

The following individuals dedicated time and provided valuable input during the development of this strategic plan.

Creswell City Council Dave Stram, Mayor Omar Bowles Holly Campbell Richard Heyman Patrick Miller Gary Mounce Adam Pellatt Jane Vincent Richard Zettervall Judy Drago Amy Knudsen Martha McReynolds, Jr. Misty Inman

City Staff Michelle Amberg, City Administrator Carolyn Allen Cliff Bellew Michelle Furrer Jennifer Gardiepy Maia Hardy Shelley Humble Maddie Phillips James Piper Roberta Tharp Michael DeHart Scott Denham

AND the Citizens of Creswell quotes from citizens who participated in the community visioning and prioritization surveys are included throughout the plan

PREPARED BY Moss Adams LLP

Amended by Creswell City Council November 27, 2017

CITY OF CRESWELL STRATEGIC PLAN | 29

CRESWELL CITY COUNCIL AGENDA ITEM SUMMARY

Agenda Item Number and Title: Item 6 A (MOTION) – Authorization for the City Administrator to apply for $50,000 in Grant Funding from the Collins Foundation for a Commercial Kitchen at the Cobalt Activity Center Date: February 12, 2018 Staff Contact: Jim Piper, Finance Director

AGENDA ITEM SUMMARY This item will allow the City Administrator to apply for a Collins Foundation grant in the amount of $50,000 to install a commercial kitchen at the Cobalt Activity Center.

BACKGROUND On November 27th, City Council was presented with a project that would turn the 1200 square foot unused/storage space at the Cobalt Activity Center into a commercial/community kitchen. The kitchen would be used to teach classes; used for meal prep along with the 1400 square foot meeting space as a once a week meal site; available to entrepreneurs in the beverage and food industry; and available to rent out to persons for parties, fundraisers, and special events.

City Council authorized the City Administrator to apply for a $50,000 grant through the Oregon Community Foundation at the January 8, 2018 City Council Meeting.

FINANCIAL CONSIDERATIONS: A rough estimate of the cost plus contingency for the installation of a commercial kitchen at the Cobalt Community Center is currently around $250,000. This grant would contribute 20% of that goal.

COUNCIL GOAL: 4.2.C.v – Quality of Life: Develop plan to establish community and recreation service at the Cobalt Building through non-profits and contractors: Install a Commercial Kitchen.

STAFF RECOMMENDATION: Authorize the City Administrator to apply for $50,000 in grant funding from the Collins Foundation for a commercial kitchen at the Cobalt Activity Center.

SUGGESTED MOTION: I MOVE THAT THE CITY COUNCIL AUTHORIZE THE CITY ADMINISTRATOR TO APPLY FOR $50,000 IN GRANT FUNDING FROM THE COLLINS FOUNDATION FOR A COMMERCIAL KITCHEN AT THE COBALT ACTIVITY CENTER.

ATTACHMENT(S): The Collins Foundation Submission Guidelines

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Submission Guidelines | Collins Foundation http://www.collinsfoundation.org/submission-guidelines

Submission Guidelines The Collins Foundation has a long tradition of service to Oregon and we recognize that serving Oregon today, and in the future, requires new ways to engage diverse communities across the state. We welcome the multiple perspectives that diversity brings and believe that difference enriches us all. We also value equity, which we understand to mean fair and inclusive access to resources and opportunity for all of Oregon’s people and communities to achieve their full potential. The Foundation is committed to incorporating the principles of diversity, equity, and inclusion in all our organizational policies and grantmaking practices.

Eligibility Requirements

Requests are considered only from organizations that meet the following requirements:

1. Organizations with staff and leadership in Oregon and a proposed project or scope of work that directly benefits the residents of Oregon. 2. Organizations that are committed to equal opportunity for all persons regardless of race, color, national origin, religion, sex, sexual orientation and gender identity, age, disability, or any other legally protected status. 3. Organizations that either (a) have established their tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and are not "private foundations" as defined under section 509(a) of the Code; or (b) have tax exemption as a governmental, Tribal, or other publicly- funded entity; or (c) have a qualified, tax-exempt fiscal sponsor. 4. Organizations that have current registration with the offices of the Oregon State Attorney General and the Secretary of State, as required by law.

Policy Guidelines

1. The Foundation normally will consider only one grant request from the same organization in a twelve month period unless an additional request is invited by the Foundation, or the organization is serving as the fiscal sponsor for another project. 2. The Foundation normally will not consider an additional grant request from an organization receiving a multi-year grant until twelve months following the final scheduled payment of the multi-year grant. 3. In considering applications for substantial projects, the Foundation prefers to participate with other donors, and encourages the applicant to seek support from other sources to share in the total project. 4. Grants are not normally made for the following: 1. Elementary schools, secondary schools, or public higher education institutions. Exceptions include alternative schools serving students at risk of dropping out, tuition-free private schools serving low-income youth, or schools where there is a long history of Collins family involvement. 2. Individual religious congregations. 3. Hospitals within healthcare systems. 4. Development office personnel, marketing, fundraising events, endowments, operational deficits, financial emergencies, or debt retirement. 5. Animal welfare, sports recreation, or short-term events; and requests for planning and research are generally not competitive.

Application Procedures

Hardcopy applications for grants must be mailed or hand delivered to the Foundation at the address below. The required materials are outlined in the application checklist is available here (http://www.collinsfoundation.org/sites/default/files /2016%20Application%20Checklist%20-%20Updated%20March%202017.doc). Proposals, including the checklist and a completed Community Information Form (http://www.collinsfoundation.org/sites/default/files /Community%20Information%20Form%20-%20Updated%20March%202017.xls), should be mailed/delivered to:

Cynthia G. Addams, Chief Executive Officer The Collins Foundation 1618 SW First Avenue, Suite 505 Portland, OR 97201

1 of 2 2/1/2018, 3:15 PM Submission Guidelines | Collins Foundation http://www.collinsfoundation.org/submission-guidelines

Note: In February of 2018, the Foundation will be moving to an online application process, which will include a Letter of Inquiry step and updated application questions. The information here applies to proposals submitted before February 1, 2018, and will be updated to reflect the new process soon.

Application Review Process

Foundation trustees meet six times annually to make decisions on grant requests. The grant review process begins after receiving a completed application and usually requires ten to sixteen weeks provided the applicant has complied fully with the application procedures. If you have a time-sensitive request, we generally recommend applying by the following dates, but a docket may fill sooner than indicated below:

Applications received no later than... Will generally be considered in...

February 1, 2018 Mid-April 2018

March 9, 2018* Mid-June 2018

April 20, 2018* Mid-August 2018

June 22, 2018* Mid-October 2018

August 17, 2018* Early December 2018

October 19, 2018* Mid-February 2019

*Note: In February of 2018, the Foundation is moving to an application process that includes a Letter of Inquiry step. The above dates have been updated and indicate when Letters of Inquiry are due. Those organizations invited to continue past the LOI stage will generally have 4-6 weeks to complete a full proposal. This website will be updated in February with new application materials.

Foundation staff acknowledges each request received and informs eligible applicants of the date anticipated for consideration by the trustees. Once a request has been funded or declined, the applicant is notified promptly. Rarely is a grant decision deferred. When this occurs, however, the applicant is provided with an explanation and further instructions.

The submission of an incomplete grant proposal may cause delays in the Foundation’s review and consideration of the request.

During the grant review period, Foundation staff may request an interview or a site visit in order to gain more information about the agency and its proposal. Additional written material may also be requested. Throughout this time, applicants are encouraged to notify the Foundation of any changes in the status of the project under review, including its funding.

The Collins Foundation endeavors to serve people and communities throughout Oregon. Despite this commitment, the Foundation is unable to support every request received. Denial of a request should not necessarily be considered a reflection on the quality of a project or the worthiness of an applicant.

Grant Reporting

Every organization receiving a grant from The Collins Foundation has a responsibility to report on the use of the funds granted. Reporting guidelines are provided with each of the Foundation's grant awards and are available for review on the Foundation's website. Unless otherwise indicated at the time disbursement is made, reports are required annually until the entire grant has been expended. Failure to submit a report could influence future grant decisions by the trustees.

Inquiries

If you have questions that aren't answered by these guidelines, the application checklist (http://www.collinsfoundation.org/sites/default/files /2016%20Application%20Checklist%20-%20Updated%20March%202017.doc), or our frequently asked questions (http://www.collinsfoundation.org/submission-guidelines/frequently-asked-questions), email: [email protected] (mailto:[email protected])

2 of 2 2/1/2018, 3:15 PM CRESWELL CITY COUNCIL AGENDA ITEM SUMMARY

Agenda Item Number and Title: Item 6 B (MOTION) – Transfer of Title for 195 South 2nd Street (aka The Old School House) to Creswell Heritage Foundation Date: February 12, 2018 Staff Contact: Michelle Amberg, City Administrator

AGENDA ITEM SUMMARY Disposing of surplused real estate.

BACKGROUND On December 11, 2018 the City Council declared 195 South 2nd Street as surplus public property. At that time the City Council directed the City Administrator to prepare the appropriate documents to transfer title of the property to the Creswell Heritage Foundation.

The City Administrator enlisted the aid of the City Attorney in reviewing the real property records of the parcel and in drafting a Statutory Bargain and Sale Deed. These documents have been prepared and are attached for your review.

The Creswell Heritage Foundation has requested that the actual transfer of title wait until they have had the opportunity to obtain property insurance.

FINANCIAL CONSIDERATIONS: None

COUNCIL GOAL: #5: Community Engagement; C. Engage non-profit organizations to collaborate on City projects; iv. Old School House

STAFF RECOMMENDATION: That the City Council approve the transfer of title and ownership of 195 South 2nd Street to the Creswell Heritage Foundation in accordance with the terms of the attached Statutory Bargain and Sale Agreement, on a date to be selected by the Creswell heritage Foundation, but no later than April 12, 2018.

SUGGESTED MOTION I MOVE THAT THE CITY COUNCIL APPROVE THE TRANSFER OF TITLE FOR 195 SOUTH 2ND STREET TO THE CRESWELL HERITAGE FOUNDATION AND AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PROPERTY TRANSFER.

ATTACHMENT(S) Statutory Bargain and Sale Deed Status of Record Title Report

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CRESWELL CITY COUNCIL AGENDA ITEM SUMMARY

Agenda Item Number and Title: Item 6 C - (MOTION) – Resolution 2018-02 A Resolution Amending the 2017/18 General Fund and Appropriating Grant Funds to the Creswell Heritage Foundation Date: February 12, 2018 Staff Contact: Jim Piper, Finance Director

AGENDA ITEM SUMMARY The City of Creswell has directed the City Administrator to donate the Old School House building and property to the Creswell Heritage Foundation and in good faith will grant $55,000 to the Creswell Heritage Foundation.

BACKGROUND The City Council has considered alternatives to surplusing the Old School House. Creswell Heritage Foundation, had expressed considerable interest in the preservation of the building. At the December 11, 2017 City Council Meeting, the City Council direct the City Administrator to prepare a property transfer to the Creswell Heritage Foundation as a donation to include a revisionary clause stating that if anytime in the future the Heritage Foundation is dissolved the Old Schoolhouse and property would revert ownership back to the City of Creswell. In addition, a grant of $55,000.00 be given to the Creswell Heritage Foundation to be used at their discretion for stabilization and other necessary expenses.

Financial Considerations: An additional budget appropriation of $55,000 is needed which is offset by contingency.

Council Goal: Strategic Goal #6 Other Activities not included in the Strategic Plan - 8i Creswell Schoolhouse - Develop plan to maintain/sell/renovate building and property

Staff Recommendation: Staff recommends adopting Resolution 2018-02.

SUGGESTED MOTION I MOVE THAT THE CITY COUNCIL APPROVE RESOLTUION 2018-02 AMENDING THE GENERAL FUND AND APPROPRIATING CRESWELL HERITAGE FOUNDATION GRANT FUNDS.

ATTACHMENT(S) Resolution 2018-02, A Resolution Appropriating Heritage Foundation Grant Funds within the General Fund

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RESOLUTION 2018-02

A RESOLUTION APPROPRIATING CRESWELL HERITAGE FOUNDATION GRANT FUNDS WITHIN THE GENERAL FUND

WHEREAS: The City of Creswell has given the Old School House building and property to the Creswell Heritage Foundation and in good faith will grant in the amount of $55,000 to the Creswell Heritage Foundation; and

WHEREAS: Said funds are for the stabilization of the building and other necessary expenses; and

NOW, THEREFORE, BE IT RESOLVED: That the amounts for the fiscal year beginning July 1, 2017 and for the purpose showing below are hereby amended as follows:

General Fund: Original Previous Proposed Approved Purpose Appropriation Change Change Revision Administration $340,888 $0 $30,000 $370,888 Culture and Recreation 347,312 6,000 25,000 378,312 Public Safety 989,405 0 0 989,405 Planning & Land Use 359,604 0 0 359,604 Non-departmental Special Payments – Interfund loan to Airport fund 150,000 0 0 150,000 General Operating Contingency 310,125 0 (55,000) 255,125

Total appropriations $2,497,334 $6,000 $0 $2,503,334

Adopted by the Common Council of the City of Creswell, this 12th day of February, 2018.

______Dave Stram, Mayor ATTEST:

______Roberta J Tharp, City Recorder

CRESWELL CITY COUNCIL AGENDA ITEM SUMMARY

Agenda Item Number and Title: Item 6 D (MOTION) – Renewal for IT Managed Services Date: February 12, 2018 Staff Contact: Jim Piper, Finance Director

AGENDA ITEM SUMMARY City Staff is seeking approval from City Council to authorize the City Administrator to renew the IT Managed Services contract with StepUP IT Services through June 30, 2020.

BACKGROUND IT Managed Services was awarded in January 2016 for a two-year contract to Stepper Consulting, now StepUP IT Services. This process included publishing an RFP and receiving bids.

Under our Public Contracting Rules, Class Exemption E-3, “Contracting Agency may enter into a public contract for the purchase of services, equipment or supplies for maintenance, repair or conversion of existing equipment, if required for efficient utilization of such equipment.”

Managed IT Services at this juncture are essential for the efficient utilization of the City’s network and conversion of some of its components. The City is in the middle of a conversion of Caselle Classic to Connect. Also, the City is rotating in Windows 10 computers annually through fiscal year 2019-20 to be prepared for the end of support for Windows 7. Further, the City is approaching end of life for the electronic door entry system due to the sunsetting of Windows 7. Finally, the City is scheduled to start converting to E-permitting in April of 2018.

The above projects require continued use of the current Managed IT Service Provider for efficient utilization and completion. At the end of the proposed renewal period, the City will have completed the above projects and will be positioned to go out to bid in 2020.

FINANCIAL CONSIDERATIONS: Renewal pricing reflects a 7% increase, or 3.5% over two years since the previous contracted price. Future price increases will not exceed 5% annually.

COUNCIL GOAL: Strategic goal #1 Accountable Government 2. A. Leverage technology to deliver programs more effectively and efficiently.

STAFF RECOMMENDATION: Authorize the City Administrator to renew the IT Managed Services Contract

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SUGGESTED MOTION I MOVE THAT THE CITY COUNCIL AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE ALL DOCUMENTS TO RENEW THE CONTRACT FOR IT MANAGED SERVICES WITH STEPUP IT SERVICES THROUGH JUNE 30, 2020.

ATTACHMENT(S) Master Service Agreement (MSA) StepUP IT Services and City of Creswell

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January 29, 2018

Michelle Amberg The City of Creswell 13 S. 1st St. Creswell, OR 97426

Hello Michelle Amberg,

This document includes your new Master Service Agreement (MSA) and Statement of Work. Please carefully review all content and return the signed documents as soon as possible. Upon receipt of your signed MSA, we will complete the agreement with an authorized signature and email you a copy for your records.

If you have any questions or concerns, please do not hesitate to contact us.

StepUP IT Services, LLC (541) 683-5000 Managed Services [email protected] Service Start Date: March 1, 2018 www.stepupitservices.com Service End Date: June 30, 2020

Master Service Agreement

This Master Service Agreement between StepUP IT Services, LLC (“StepUP IT”) and The City of Creswell (“Client”) includes Statement of Work and any Additional Terms and Conditions mutually agreed upon in writing.

1. Statement of Work. StepUP IT will provide the services described in the 7. Indemnity. StepUP IT shall defend, indemnify and hold harmless Client from Statement of Work in accordance with the terms noted herein. and against any and all claims that any design of service infringes on any U.S. patent, copyright, trademark, trade secret or other intellectual 2. Prices and Rates. Client shall pay all sales, use, gross receipts, excise, property right. CLIENT WAIVES ANY AND ALL CLAIMS BASED UPON THE occupational, access, bypass, franchise and other federal, state and local IMPLIED WARRANTY OF NON-INFRINGEMENT. Client shall defend, taxes, assessments, fees, charges, and surcharges, however designated, indemnify and hold harmless StepUP IT from and against any and all claims, imposed on or based upon the provision, sale, purchase and/or use of damages, liabilities, losses, costs and expenses arising out of the use of Statement of Work. service, Client’s combination of service with other products and services not provided by StepUP IT, and any modification of service. 3. Payment. StepUP IT shall invoice at contractual intervals. All invoices are due upon delivery, and become past due thirty (30) days later without 8. License Agreement. It is specifically agreed and acknowledged that any demand or set off by Client. If any invoice is not paid to StepUP IT within software products sold by StepUP IT to Client or installed by StepUP IT for thirty (30) days of delivery, a late charge shall accrue on the delinquent the benefit of Client may be sold or installed subject to the restrictions, amount at a rate of 1.5% per month, or the maximum rate permitted by duties and obligations as set forth in license agreements with the applicable law, whichever is less. Any and all dispute claims must be submitted to manufacturer. Client, by its execution of this agreement, agrees to fully StepUP IT within thirty (30) days of receipt of the applicable invoice. All abide by the terms and conditions of such license agreements, and further dispute claims not submitted within said thirty (30) day period are deemed agrees to fully indemnify, protect, and hold StepUP IT harmless from any waived. StepUP IT shall have the right, at its election and without claims, suits, actions, liabilities, damages (including all legal costs incurred obligation, in addition to all of its other rights and remedies, to immediately by StepUP IT) resulting from any violation by Client under the terms terminate this Master Service Agreement and\or suspend performance in thereof. the event of any overdue payment in excess of thirty (30) days or any breach or default under Sections 8, 10 or 11. 9. Intellectual Property Rights. It is specifically acknowledged and agreed that all techniques, procedures and methodologies used and implemented by 4. Term. The term of this agreement shall begin on the service start date set StepUP IT in the performance of its work under this agreement are not forth on the top of this page and shall end on June 30, 2020 or upon the included in the sale, and all intellectual property rights to such techniques, expiration of 60-day written notice from StepUP IT or Client, whichever procedures and methodologies shall be retained by StepUP IT, or by such comes first. Written notice is acceptable via email correspondence. An third parties with whom StepUP IT may contract with or have licenses annual inflation adjustment of no greater than 5% per user will through. automatically apply each July 1 of the term effective date. Client shall pay StepUP IT for each service subject to these terms. Client has 14 days from 10. Liability Limitation. Except for indemnification under section 7, any defaults the original start date of this agreement to terminate any and/or all or any breach by Client of any Statement of Work, neither party shall be services, without any additional fees being assessed. Upon agreement liable, for any direct, indirect, consequential, special or punitive damages or termination, StepUP IT will return to client all passwords, third party losses (including, but not limited to damages for lost profits or lost account information, documentation, and any other information that is revenues), whether or not caused by acts, omission or negligence of its reasonably necessary for Client to continue its operations without employees or agents, and regardless of whether such party has been interruption. Additional services provided to assist in transitioning to a new advised of the possibility of such damages or losses. This includes, but is not provider will be billed at standard hourly rates. All Onboarding fees and limited to, loss of data or any other loss whatsoever resulting from delays, received service fees are non-refundable under any circumstance. non-deliveries, miss-deliveries, or service interruptions of any nature whatsoever. STEPUP IT’S AGGREGATE LIABILITY ARISING OUT OF THIS 5. Obligations of StepUP IT. StepUP IT shall be responsible for providing MASTER SERVICES AGREEMENT, WHETHER IN CONTRACT, TORT OR service consistent with industry standards, except as provided in the OTHERWISE, SHALL NOT EXCEED THE LESSER OF (1) THE TOTAL AMOUNT applicable Statement of Work. STEPUP IT DISCLAIMS ALL OTHER PAID BY CUSTOMER TO STEPUP IT FOR THE APPLICABLE SERVICE DURING WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS GIVES RISE TO THE CLAIM OR (2) $100,000. Without limiting the generality FOR A PARTICULAR USE. of the above paragraph, Client further acknowledges and agrees that:

6. Obligations of Client. Client shall be responsible for the manner in which a. No Warranties, No Responsibility. StepUP IT makes no warranties of service is used, including the choice of equipment, software and online any kind, whether expressed or implied, as to the availability, accuracy, content, and all other matters related to the use of service. or content of the information, products, or services it is providing. StepUP IT disclaims any warranty of merchantability or fitness for any particular purpose. Use of any information or data obtained via StepUP IT is at Client’s own risk. StepUP IT bears no responsibility for the accuracy or quality of information obtained through its services. Client is solely responsible for any 3rd party company charges incurred by customer as a result of using StepUP IT service. Client agrees that the total liability of StepUP IT and the sole remedy of Client and any End User for any claims regarding StepUP IT services is limited to Client’s right to terminate this Agreement.

THIS DOCUMENT IS INTENDED FOR THE SOLE USE OF THE CLIENT ADDRESSED AND ITS DIRECT REPRESENTATIVES. IT IS CONSIDERED CONFIDENTIAL AND CONTAINS METHODS PROPRIETARY TO STEPUP IT SERVICES, LLC.

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b. Use Restricted to Lawful Purposes: Disclosure of Client Information. 15. Governing Law. Client and StepUP IT agree that the law of the State of Client agrees to only use StepUP IT service for lawful purposes and not Oregon, U.S.A. will apply to all matters relating to this Agreement and to to transmit any material in violation of any U.S. federal, U.S. State, or StepUP IT service. In addition, Client and StepUP IT agree and consent that foreign law. This includes, but is not limited to: copyrighted material, the courts of Oregon, U.S.A., will have exclusive jurisdiction and be the material legally judged to be threatening, obscene, or fraudulent or exclusive venue for any legal actions relating to this Agreement or material protected by trade secret. StepUP IT has no obligation to Statement of Work provided hereunder. monitor service but may do so and may disclose information regarding Client’s use of service to satisfy laws, regulations or governmental requests; to operate service properly; and, to protect itself and its 16. Compliance with Laws. Client shall not use or permit its end users to use officers and directors. However, StepUP IT will not disclose Client service in any manner that violates any applicable laws or StepUP IT use information to outside persons or entities for the purpose of soliciting policies, infringes on the rights of others or interferes with users of the StepUP IT members. StepUP IT network or other networks, including, without limitation, distribution of chain letters or unsolicited bulk electronic mail (spamming), 11. Other Networks: Access and Cancellation at StepUP IT Discretion. Client knowingly distribute or release computer worms and viruses, use a false agrees to comply with the acceptable use policies, rules and regulations, identity, attempt to gain unauthorized entry to any site or network, and terms and conditions of any networks accessed through StepUP IT as distribute child pornography, obscenity or defamatory material, or infringe outlined herein including Statement of Work. StepUP IT reserves the patents, copyrights, trademarks or other intellectual property rights. right to deny access to, or terminate service which, in StepUP IT sole opinion, is (are) causing, or may cause, harm to StepUP IT facilities, 17. Rights Not Waived. Failure by either Client or StepUP IT to insist upon servers or to other systems. StepUP IT will make reasonable efforts to compliance by the other party with the terms and conditions of this notify Client of any such StepUP IT action, but is not bound by this Agreement including any Statement of Work shall not constitute a waiver of agreement to do so. any rights under this Agreement.

12. Confidential Information. Each party shall keep and maintain strictly 18. Partial Invalidity. If any part, term, or provision of this Agreement is secret and confidential any and all confidential or proprietary determined to be invalid or unenforceable by a court, board, or tribunal of information of the other party and, except as required in connection competent jurisdiction, such term or provision shall be construed in all with the performance of this Master Service Agreement or as is required respects as if such provision were written in a manner acceptable to said by law, shall not use the same or disclose the same to any third party. court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such 13. Assignment. Client may not assign this Master Service Agreement or any invalid provision were omitted altogether. rights or interests hereunder without the express prior written consent of StepUP IT and no said assignment shall relieve Client of its obligations 19. Attorney’s Fees. In case suit, action, or arbitration is instituted to enforce hereunder. This Master Service Agreement shall be binding upon any of the rights or provisions expressed in this agreement, the party not signature to the benefit of the parties and their permitted successors prevailing agrees to pay the prevailing party’s costs and disbursements and assigns. related to said proceedings and such sums as the court or arbitrator may adjudge reasonable for the attorney’s fees at trial or appeal of said suit or 14. Modification. Any changes to this Master Service Agreement, or any action. additional or different terms in the Client Orders, Statement of Work, or any other documents will not be effective unless agreed to in writing by 20. Complete Agreement. This agreement, together with all attachments StepUP IT. The contractual relationship between StepUP IT and Client for hereto, and/or Statement of Work executed concurrently herewith, or each service shall be governed by the following order of precedence: (i) hereafter, represents the complete and final agreement of the parties Statement of Work, and (ii) Master Service Agreement. regarding the services to be rendered by StepUP IT on behalf of Client and supersedes and replaces any oral or written agreements heretofore made.

StepUP IT Services, LLC The City of Creswell

Authorized Signature Authorized Signature

Date Date

Print Name and Title Print Name and Title

THIS DOCUMENT IS INTENDED FOR THE SOLE USE OF THE CLIENT ADDRESSED AND ITS DIRECT REPRESENTATIVES. IT IS CONSIDERED CONFIDENTIAL AND CONTAINS METHODS PROPRIETARY TO STEPUP IT SERVICES, LLC.

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This Page Intentionally Left Blank

THIS DOCUMENT IS INTENDED FOR THE SOLE USE OF THE CLIENT ADDRESSED AND ITS DIRECT REPRESENTATIVES. IT IS CONSIDERED CONFIDENTIAL AND CONTAINS METHODS PROPRIETARY TO STEPUP IT SERVICES, LLC.

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Statement of Work Silver Managed Services

This Statement of Work (“SOW”) is entered as of March 1, 2018 (“SOW Effective Date”) between StepUP IT Services, LLC (“StepUP IT”) and The City of Creswell (“Client”). This SOW supplements Master Service Agreement with service start date of March 1, 2018.

These services are for the support and use of mainstream technology. These services are not intended to be used for 3rd party application troubleshooting or catastrophic event support for non-Microsoft applications. Critical priority end-user requests communicated through the provided methods will be reviewed within one (1) business hour. High priority end-user requests communicated through the provided methods will be reviewed within two (2) business hours. Client and StepUP IT will hold periodic meetings, annually and upon request, to review and adjust, if necessary, the parameters of this arrangement.

1. Services Description. The Silver Managed Services plan is designed to  Servers and workstations must be 5 years old or less. provide pro-active monitoring and support services that anticipate and  All additional hardware and software must be vendor supported prevent IT problems before they occur. The service is built upon the and covered under a vendor maintenance agreement. successful installation and configuration of technologies that StepUP IT  Costs required to bring Client's environment to Minimum utilizes to monitor and maintain critical technology systems. Standards will be billed separately from the Silver Managed Services plan, and in accordance with standard, hourly rates. 2. Deliverables Description. StepUP IT will deliver services pursuant to the terms of this SOW. This SOW will serve to describe the on-going 8. Included Services. Services in detail.  Help Desk and Remote Support during business hours of 7am- 5pm, Monday through Friday, excluding public holidays for all 3. Hardware and Software Licensing and Support. StepUP IT shall provide work dependent devices not otherwise excluded in section 9 support of all hardware and systems specified on the Statement of Onsite Support is determined at the sole discretion of StepUP IT Work, provided that hardware is covered under a currently active  24x7 network monitoring Vendor Support Contract or replaceable parts are readily available, and  Virus definition updates all software is genuine, currently licensed and vendor-supported.  Microsoft patch management Should any hardware or systems fail to meet these provisions, they will  Guaranteed response times be excluded from this SOW, and an appropriate replacement will be  Automated ticketing and online client access portal rd recommended. Should 3 party vendor support charges be required in  License renewal and asset management order to resolve any issues, these will be passed on to the Client after  Virtual CIO (vCIO) and strategic IT planning first receiving the Client's authorization to incur them.  User management

4. Virus Recovery for Current, Licensed Antivirus Protected Systems. 9. Excluded Services. Damages caused by, and recovery from, virus infections not detected  Project work and cabling installations and quarantined by the latest anti-virus definitions are covered under  The cost of parts, equipment, software, licensing, or shipping the terms of this SOW. Service is limited to those systems protected charges, not otherwise noted in MSA with a currently licensed, vendor-supported anti-virus solution, and/or  StepUP IT protected system. The cost of any software or licensing, not otherwise noted in MSA  The cost of any 3rd party vendor or manufacturer support, 5. Monitoring Services. StepUP IT will provide on-going monitoring and warranties, or incident fees security services of all critical devices as indicated on Statement of  The cost to bring Client’s environment up to minimum standards Work. StepUP IT will provide monthly email reports as well as required for service compliance document critical alerts, scans and event resolutions to Client, upon  Failure due to accidental damage, negligence, or malicious user request. Should a problem be discovered during monitoring, StepUP IT action shall make every attempt to rectify the condition in a timely manner  Service or repair made necessary by the alteration or modification through remote means. of equipment other than that authorized by StepUP IT, including alterations, software installations, or modifications of equipment 6. Services Outside Standard Business Hours. Afterhours based services made by Client’s employees or anyone other than StepUP IT performed outside of the hours of 7:00am-5:00pm, Monday through  Maintenance of application software packages or local Intranet, Friday, excluding public holidays, shall be subject to additional charges even if acquired by StepUP IT, unless otherwise agreed upon in up to 1.5 times standard hourly support rates. writing or noted on MSA  Programming and related maintenance 7. Minimum Compliance Standards. In order for Client's environment to  Website creation and maintenance qualify for Silver Managed Services, the following requirements must  Travel costs over 150 miles roundtrip be met:  Training services  All Servers with Microsoft Windows Operating Systems must be  Hardware serviced by another provider, such as full-size copiers running Windows 2008 Server or later, and have all of the latest and point-of-sale systems Microsoft Service Packs and Critical Updates installed.  All workstations with Microsoft Windows Operating Systems must 10. 3rd Party Supported Providers. Client authorizes StepUP IT to contact be running Windows 7 Professional or later, and have all of the the 3rd party support providers on behalf of Client. Client also latest Microsoft Service Packs and Critical Updates installed. authorizes StepUP IT to make changes on behalf of Client.  All server and workstation Software must be Genuine, Licensed and Vendor-Supported.  The environment must have a backup Solution.  Email must be protected with licensed spam filtering.  Any wireless data traffic in the environment must be secured with a minimum of 128bit data encryption.

THIS DOCUMENT IS INTENDED FOR THE SOLE USE OF THE CLIENT ADDRESSED AND ITS DIRECT REPRESENTATIVES. IT IS CONSIDERED CONFIDENTIAL AND CONTAINS METHODS PROPRIETARY TO STEPUP IT SERVICES, LLC.

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THIS DOCUMENT IS INTENDED FOR THE SOLE USE OF THE CLIENT ADDRESSED AND ITS DIRECT REPRESENTATIVES. IT IS CONSIDERED CONFIDENTIAL AND CONTAINS METHODS PROPRIETARY TO STEPUP IT SERVICES, LLC.

Page 5 of 5 CRESWELL CITY COUNCIL AGENDA ITEM SUMMARY

Agenda Item Number and Title: Item 6 F (MOTION) – Approval of Charter Franchise Agreement Date: February 12, 2018 Staff Contact: Michelle Amberg, City Administrator

AGENDA ITEM SUMMARY Consideration of approval of a franchise agreement for cable television use of City right-of-way.

BACKGROUND The City’s franchise agreement with Falcon Cable Systems Company II, L.P. expired over ten years ago. Falcon Cable Systems is now Charter Communications. Negotiating a new agreement has been a lengthy process due to considerable changes in telecommunications and cable television industries. The attached agreement was negotiated with the assistance of the Local Government Law Group.

The proposed franchise agreement is nonexclusive with a term of ten (10) years and has a five (5) year extension clause.

FINANCIAL CONSIDERATIONS: The City will receive 5% of the annual gross revenue generated within the City of Creswell by franchisee. The estimated revenue for FY 2017/18 is $25,300.

COUNCIL GOAL: None

STAFF RECOMMENDATION: Approve and sign the attached Franchise Agreement

SUGGESTED MOTION I MOVE THAT THE CITY COUNCIL APPROVE THE FRANCHISE AGREEMENT WITH FALCON CABLE SYSTEMS COMPLANY II, L.P. KNOWN AS CHARTER COMMUNICATIONS.

ATTACHMENT(S) Franchise Agreement

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FRANCHISE AGREEMENT

This Franchise Agreement (“Franchise”) is between the City of Creswell, Oregon, hereinafter referred to as the “Grantor” and Falcon Cable Systems Company II, L.P., locally known as CHARTER COMMUNICATIONS, hereinafter referred to as the “Grantee.”

WHEREAS, the Grantor finds that the Grantee has substantially complied with the material terms of the current Franchise under applicable laws, and that the financial, legal and technical ability of the Grantee is sufficient to provide services, facilities and equipment necessary to meet the future cable-related needs of the community; and

WHEREAS, having afforded the public adequate notice and opportunity for comment, Grantor desires to enter into this Franchise with the Grantee for the construction and operation of a cable system on the terms set forth herein; and

WHEREAS, the Grantor and Grantee have complied with all federal and State-mandated procedural and substantive requirements pertinent to this franchise renewal;

NOW, THEREFORE, the Grantor and Grantee agree as follows:

SECTION 1 Definition of Terms

1.1 Terms. For the purpose of this franchise the following terms, phrases, words and their derivations shall have the meaning ascribed to them in the Cable Communications Policy Act of 1984, as amended from time to time (the “Cable Act”), unless otherwise defined herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.

A. “Cable System,” “Cable Service,” and “Basic Cable Service” shall be defined as set forth in the Cable Act.

B. “Council” shall mean the governing body of the Grantor.

C. “Cable Act” shall mean the Cable Communication Policy Act of 1984, as amended, 47 U.S.C. §§ 521, et. seq.

D. “Channel” shall mean a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel.

E. “Equipment” shall mean any poles, wires, cable, antennae, underground conduits, manholes, and other conductors, fixtures, equipment and other facilities used for the maintenance and operation of the Cable System.

F. “FCC” shall mean the Federal Communications Commission and any successor governmental entity thereto.

G. “Franchise” shall mean the non-exclusive rights granted pursuant to this Franchise to construct operate and maintain a Cable System along the public ways within all or a specified area in the Franchise Area.

H. “Franchise Area” shall mean the geographic boundaries of the Franchise Authority, and shall include any additions thereto by annexation or other legal means.

I. “Generally Applicable” or “Generally Applied” shall mean that the provision in question is lawful, non-discriminatory, and is consistently and uniformally applied. pursuant to applicable state or federal law.

J. “Gross Revenue” means any revenue, as determined in accordance with generally accepted accounting principles, received by the Grantee from the operation of the Cable System to provide Cable Services in the Franchise Area including but not limited to amounts for Cable Services, premium cable services, advertising, home shopping channels, franchise fees, installation and all leased access payments, provided, however, that such phrase shall not include: (1) any taxes, fees or assessments collected by the Grantee from Subscribers for pass-through to a government agency, including, without limitation, any state or federal regulatory fees, or any sales or utility taxes; (2) unrecovered bad debt; (3) credits, refunds and deposits paid to Subscribers; (4) any exclusions available under applicable State law

K. “Person” shall mean an individual, partnership, association, organization, corporation, trust or governmental entity.

L. “Service Area” shall mean the area described in subsection 6.1 hereto.

M. “Standard Installation” shall mean installations to residences and buildings that are located up to one hundred twenty five 125 feet from the point of connection to Grantee’s existing distribution system.

N. “State” shall mean the State of Oregon.

O. “Street” shall include each of the following located within the Franchise Area: public streets, roadways, highways, bridges, land paths, boulevards, avenues, lanes, alleys, sidewalks, circles, drives, easements, rights of way and similar public ways and extensions and additions thereto, including but not limited to public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter held by the Grantor in the Franchise Area, which is under the jurisdiction and control of Grantor, and only to the extent Grantor has the right, title, interest and/or authority to grant a Franchise to occupy and use such Street, which shall entitle the Grantee to the use thereof for the purpose of installing, operating, extending, repairing and maintaining the Cable System. P. “Subscriber” shall mean any Person lawfully receiving Cable Service from the Grantee.

SECTION 2 Grant of Franchise

2.1 Grant. The Grantor hereby grants to the Grantee a nonexclusive Franchise which authorizes the Grantee to erect, construct, operate and maintain in, upon, along, across, above, over and under the Streets, now in existence and as may be created or established during its terms, all Equipment.

2.2 Term. The Franchise and the rights, privileges and authority hereby granted shall be for an initial term of ten (10) years, commencing on the Effective Date of this Franchise as set forth in Section 14.12. Between thirty six months (36) and thirty (30) months prior to Expiration Grantee will send a 626 letter preserving its rights under the Cable Act. This Franchise will be automatically extended for an additional term of five (5) years, unless within sixty (60) days of Grantor’s receipt of the 626 letter, either party notifies the other in writing of its desire to not exercise this automatic extension (and enter renewal negotiations under the Cable Act). If such a notice is given, the parties will then proceed under the federal Cable Act renewal procedures.

2.3 Police Powers. Notwithstanding any other provision of this Franchise, Grantee’s rights are subject to the police powers of the Grantor to adopt and enforce ordinances necessary for the safety, health and welfare of the public (“Police Powers”) The Grantee agrees to comply with the terms of any Generally Applicable local ordinance which is lawfully adopted under Grantor’s general Police Power authority.

2.4 Franchise Required. No Cable System shall be allowed to occupy, use, or operate in the Streets or public rights-of-way of the Franchise Area to provide Cable Service without a Franchise.

SECTION 3 Franchise Renewal

3.1 Procedures for Renewal. The Grantor and the Grantee agree that any proceedings undertaken by the Grantor that relate to the renewal of the Grantee’s Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, or any such successor statute.

SECTION 4 Indemnification and Insurance

4.1 Indemnification. The Grantee shall, by acceptance of the Franchise granted herein, defend the Grantor, its officers, boards, commissions, agents, and employees for all claims for injury to any Person or property caused by the negligence of Grantee in the construction or operation of the Cable System and in the event of a determination of liability shall indemnify and hold Grantor, its officers, boards, commissions, agents, and employees harmless from any and all liabilities, claims, demands, or judgments growing out of any injury to any Person or property as a result of the negligence of Grantee arising out of the construction, repair, extension, maintenance, operation or removal of its wires, poles or other equipment of any kind or character used in connection with the operation of the Cable System, provided that the Grantor shall give the Grantee written notice of its obligation to indemnify the Grantor within ten (10) days of receipt of a claim or action pursuant to this section. In the event any such claim arises, the Grantor shall tender the defense thereof to the Grantee and the Grantee shall have the right to defend, settle or compromise any claims arising hereunder and the Grantor shall cooperate fully herein. If the Grantor determines in good faith that its interests cannot be represented by the Grantee, the Grantee shall be excused from any obligation to represent the Grantor. Notwithstanding the foregoing, the Grantee shall not be obligated to indemnify the Grantor for any damages, liability or claims resulting from the willful misconduct or negligence of the Grantor or for the Grantor’s use of the Cable System.

4.2 Insurance.

A. The Grantee shall maintain throughout the term of the Franchise insurance in amounts at least as follows:

Workers’ Compensation Statutory Limits

Commercial General Liability $1,000,000 per occurrence, Combined Single Limit (C.S.L.) $2,000,000 General Aggregate

Auto Liability including coverage on $1,000,000 per occurrence C.S.L. all owned, non-owned hired autos

Umbrella Liability $1,000,000 per occurrence C.S.L.

B. The Grantor shall be added as an additional insured, arising out of work performed by Charter, to the above Commercial General Liability, Auto Liability and Umbrella Liability insurance coverage.

C. The Grantee shall furnish the Grantor with current certificates of insurance evidencing primary and noncontributory coverage upon request.

SECTION 5 Service Obligations

5.1 No Discrimination. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, national origin, age or sex.

5.2 Privacy. The Grantee shall fully comply with the privacy rights of Subscribers as contained in Cable Act Section 631 (47 U.S.C. § 551).

SECTION 6 Service Availability

6.1 Service Area. The Grantee shall make Cable Service distributed over the Cable System available to every residence within the Service Area where there is a minimum density of at least thirty (30) residences per linear strand mile of cable as measured from Grantee’s closest trunk line or distribution cable that is actively delivering Cable Service as of the date of such request for service. If such residence is located within one hundred twenty five (125) feet of Grantee’s feeder cable, the Cable Service will be provided at Grantee’s published rate for standard installations. Notwithstanding the foregoing, the Grantee shall have the right, but not the obligation, to extend the Cable System into any portion of the Service Area where another operator is providing Cable Service, into any annexed area which is not contiguous to the present Service Area of the Grantee. Grantee need not make an extension to any area which is financially or technically infeasible, if it provides documentation substantiating such infeasibility to Grantor. Cable Service offered to Subscribers pursuant to this Franchise shall be conditioned upon Grantee having legal access to any such Subscriber’s dwelling unit or other units wherein such Cable Service is provided. Nothing herein shall be construed to limit the Grantee’s ability to offer or provide bulk rate discounts or promotions.

6.2 Subscriber Charges for Extensions of the Cable System. No Subscriber shall be refused service arbitrarily. However, if an area does not meet the density requirements of Section 6.1 above, the Grantee shall only be required to extend the Cable System to Subscribers in that area if the Subscribers are willing to share the capital costs of extending the Cable System. The Grantee may require that payment of the capital contribution in aid of construction borne by such potential Subscribers be paid in advance. Subscribers shall also be responsible for any standard/non- standard installation charges to extend the Cable System from the tap to the residence. Grantee may require residents who request service but whose residence is further than one hundred twenty five (125) feet from an existing feeder cable to equally share the cost of an extension of service greater than the standard cost of a service extension of one hundred twenty five (125) feet. Standard installation costs may also be required of such subscribers.

6.3 New Development Underground. In cases of new property development where other utilities are to be placed underground, Grantee shall place its facilities underground at Grantee’s sole expense. To the extent that Grantor issues a permit for open trenching to any developer, Grantor agrees to use reasonable efforts to encourage developer to coordinate construction and undergrounding schedules for the open trenching such that all utilities in the Right of Way, including Grantee, shall have at least thirty (30) days prior notice of such construction or undergrounding, and of the particular dates on which open trenching will be available for Grantee’s installation of Grantee facilities, which shall be constructed, placed or provided at Grantee's sole expense.

6.4 Annexation. The Grantor shall promptly provide written notice to the Grantee of its annexation of any territory which is being provided Cable Service by the Grantee or its affiliates. Such annexed area will be subject to the provisions of this Franchise upon sixty (60) days’ written notice from the Grantor, subject to the conditions set forth below and Section 6.1 above. The Grantor shall also notify Grantee in writing of all new street address assignments or changes within the Franchise Area. Grantee shall within ninety (90) days after receipt of the annexation notice, begin calculating the Grantor franchise fees on revenue received from the operation of the Cable System to provide Cable Services in any area annexed by the Grantor if the Grantor has provided a written annexation notice that includes the addresses that will be moved into the Franchise Area in an Excel format or in a format that will allow Grantee to change its billing system. If the annexation notice does not include the addresses that will be moved into the Franchise Area, Grantee shall pay franchise fees in the following franchise fee payment after it receives the annexed addresses as set forth above. All notices due under this section shall be sent by certified mail, return receipt requested to the addresses set forth in Section 15.6 with a copy to the Director of Government Affairs. In any audit of franchise fees due under this Franchise, Grantee shall not be liable for franchise fees on annexed areas unless and until Grantee has received notification and information that meets the standards set forth in this section.

SECTION 7 Construction and Technical Standards

7.1 Compliance with Codes. All construction practices and installation of equipment shall be done in accordance with all applicable sections of the National Electric Safety Code.

7.2 Construction Standards and Requirements. All of the Grantee’s Equipment shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices and performed by experienced maintenance and construction personnel.

7.3 Safety. The Grantee shall at all times employ ordinary care and shall use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage.

7.4 Network Technical Requirements. The Cable System shall be designed, constructed and operated so as to meet those technical standards adopted by the FCC relating to Cable Systems contained in part 76 of the FCC’s rules and regulations as may be amended from time to time, regardless of the transmission technology utilized.

SECTION 8 Conditions on Street Occupancy

8.1 General Conditions. Grantee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities on public property provided Grantee is able to access existing poles, conduits, or other facilities on reasonable terms and conditions.

8.2 Underground Construction. The facilities of the Grantee shall be installed underground in those Service Areas where existing telephone and electric services (other than high-voltage electric lines) are both underground at the time of system construction. In areas where either telephone or electric utility facilities are installed aerially at the time of system construction, the Grantee may install its facilities aerially with the understanding that at such time as the existing aerial facilities are required to be placed underground by the Grantor, the Grantee shall likewise place its facilities underground.

8.3 Construction Codes and Permits. Grantee shall obtain all legally required permits and pay all legally required permit fees before commencing any work, including the opening or disturbance of any Street within the Franchise Area. Grantee shall adhere to the terms of all the permits and Grantor codes, ordinances, rules and regulations currently or hereafter applicable to Grantor Streets and/or construction, operation or maintenance of the Cable System within the Service Area, provided that such codes are of General-Applicability and adopted pursuant to Grantor’s Police Powers. The Grantor shall administratively assist the Grantee in securing any permits required.

8.4 System Construction. All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The Grantee shall, at all times, employ ordinary care and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by the Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.

8.5 Restoration of Public Ways. Grantee shall, promptly (or as soon as practicable in the event weather or other events beyond Grantee’s control prevent such prompt resoration) and at its own expense, restore any damage or disturbance caused to the public way as a result of its operation, construction, or maintenance of the Cable System to a condition as good as the condition of the Streets immediately prior to such damage or disturbance.

8.6 Tree Trimming. In an emergency that threatens the safety or integrity of Grantee’s facilities, Grantee or its designee shall have the authority to trim trees on public property at its own expense, as may be necessary to protect its wires and facilities. In all other circumstances, Grantee shall provide Grantor with ten (10) days’ written notice prior to such trimming. Grantee is aware of Grantor’s tree ordinance and will obtain a permit for any trimming of branches over 3 inches in diameter and will not top any trees.

8.7 Relocation for the Grantor. The Grantee shall, upon receipt of advance written notice, to be not less than ten (10) business days, protect, support, temporarily disconnect, relocate, or remove any property of Grantee when lawfully required by Grantor’s Generally-Applicable rules or ordinances and at Grantee’s sole cost. Should Grantee fail to remove or relocate as required by this Section, Grantor may cause such work to be done by a qualified contractor after providing thirty (30) days written notice to Grantee, and the costs thereof, including the reasonable costs incurred due to the delay, shall be paid by Grantee, subject to any applicable reimbursement required in Section 8.9.

8.8 Relocation for a Third Party. The Grantee shall, on the request of any Person holding a lawful permit issued by the Grantor, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Street as necessary any property of the Grantee. Grantee shall be afforded reasonable advanced written notice from the person holding a lawful permit. Nothing in this section prevents Grantee from requesting reimbursement or compensation from a third party for the cost of such relocation, provided that Grantee shall timely comply with the requirements of this section regardless of whether or not it has requested or received such reimbursement or compensation. The Grantee may require such payment in advance. For purposes of this subsection, “reasonable advance written notice” shall be no less than ten (10) business days in the event of a temporary relocation and no less than one hundred twenty (120) days for a permanent relocation. 8.9 Reimbursement of Costs. In the event that Grantor reimbursed any telephone or electric utilities for undergrounding, relocation or removal of facilities required by Grantor, Grantor shall also reimburse Grantee for similar undergrounding, relocation or removal required by Grantor under this Section 8, contingent upon the following conditions: 1) such reimbursement is mandated by State or federal law; or 2) such reimbursement is not limited or prohibited by a fund, loan, or grant used to fund the reimbursement.

8.10 Emergency Use. Grantee shall comply with 47 U.S.C. § 544(g) and all regulations issued pursuant thereto with respect to an Emergency Alert System (“EAS”). If the Grantee provides an EAS, then the Grantor shall permit only appropriately trained and authorized Persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Grantee’s Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. The Grantor shall hold the Grantee, its employees, officers and assigns harmless from any claims or costs arising out of use of the EAS, including, but not limited to, reasonable attorneys’ fees and costs.

SECTION 9 Service and Rates

9.1 Phone Service. The Grantee shall maintain a toll-free telephone number and a phone service operated to receive complaints and requests for repairs or adjustments at any time.

9.2 Notification of Service Procedures. The Grantee shall furnish each Subscriber at the time service is installed, written instructions that clearly set forth information concerning the procedures for making inquiries or complaints, including the Grantee’s name, address and local telephone number. Grantee shall give the Grantor thirty (30) days prior notice of any rate increases, Channel lineup or other substantive service changes.

9.3 Rate Regulation. Grantor shall have the right to exercise rate regulation to the extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the Grantor. If and when exercising rate regulation, the Grantor shall abide by the terms and conditions set forth by the FCC.

9.4 Continuity of Service. It shall be the right of all Subscribers to continue receiving Cable Service insofar as their financial and other obligations to the Grantee are honored, and subject to Grantee’s rights under Section 14.2 of this Franchise.

SECTION 10 Franchise Fee

10.1 Amount of Fee. Grantee shall pay to the Grantor an annual franchise fee in an amount equal to five percent (5%) of the annual Gross Revenue. Such payment shall be in addition to taxes of general applicability owed to the Grantor by the Grantee that are not included as franchise fees under federal law. Franchise fees may be passed through to Subscribers as a line item on Subscriber bills or otherwise as Grantee chooses, consistent with federal law. If Cable Services and non-Cable Services are bundled together and offered to Subscribers for one price, then in accordance with GAAP, Grantee shall account for the revenue from such packages using the retail rate methodology which allocates the bundle discount by the proportion of the total retail rate each billing component represents. Grantee shall not allocate revenue between Cable Services and non- Cable Services for the purposes of evading or reducing its Franchise fee obligations. In the event the Cable Act is amended to modify the current cap on franchise fees to an amount greater than five percent (5%) of Gross Revenues, Grantee agrees and shall pay the new maximum amount consistent with federal law. Such increased fee shall take effect upon sixty (60) days written notice of the adoption of a City Council resolution to increase the franchise fee to the new maximum amount.

10.2 Payment of Fee. Payment of the franchise fee due the Grantor shall be made on a quarterly basis, within forty-five (45) days of the close of each quarter. The payment period and the collection of the franchise fees that are to be paid to the Grantor pursuant to the Franchise shall commence sixty (60) days after the Effective Date of the Franchise as set forth in Section 15.11. In the event of a dispute, the Grantor, if it so requests, shall be furnished a statement of said payment, reflecting the Gross Revenues and the applicable charges.

10.3 Accord and Satisfaction. No acceptance of any payment by the Grantor shall be construed as a release or as an accord and satisfaction of any claim the Grantor may have for additional sums payable as a franchise fee under this Franchise.

10.4 Limitation on Recovery. The period of limitation for recovery of any franchise fee payable hereunder shall be five (5) years from the date on which payment by the Grantee was due. If any Franchise payment or recomputed payment is not made on or before the dates specified herein, interest shall accrue on the unpaid fee at a rate of the Prime Rate plus two percent (2%) commencing with the fifteenth day after the fee shall be due.

10.5 Audit. Grantor may review and/or audit Grantee’s records to ensure the correct calculation of Gross Revenues and payment of Franchise fees. Grantee shall provide such records to Grantor or its designee, upon request by and at no charge to Grantor, subject to Grantor and/or designee signing Grantee’s non-disclosure agreement. If there is a dispute as to whether a particular item of revenue is within the scope of the term “Gross Revenues” and Grantee withholds revenue records on the ground that the revenues are not subject to the Franchise fee, Grantee agrees that it will provide a certified statement describing the nature of the revenues contained in the records withheld. In the event that any Franchise fee is underpaid, Grantee shall pay interest as required in Section 10.4. Subject to applicable law, if the audit discloses an underpayment by an amount in excess of ten thousand dollars ($10,000), Grantee will reimburse Grantor for all reasonable audit costs. Said audit shall be conducted no more often than annually, and the audit period shall not be any greater than the previous five (5) years. Any undisputed additional amounts due to the Grantor as a result of the audit shall be paid within sixty (60) days following written notice to Grantee by the Grantor, which notice shall include a copy of the audit findings.

SECTION 11 Transfer of Franchise

11.1 Franchise Transfer. The Franchise granted hereunder shall not be assigned, other than by operation of law or to an entity controlling, controlled by, or under common control with the Grantee, without the prior consent of the Grantor, such consent not to be unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or Cable System to secure indebtedness. Within thirty (30) days of receiving a request for transfer, the Grantor shall notify the Grantee in writing of any additional information it reasonably requires to determine the legal, financial and technical qualifications of the transferee. If the Grantor has not taken action on the Grantee’s request for transfer within one hundred twenty (120) days after receiving such request, consent by the Grantor shall be deemed given.

SECTION 12 Records

12.1 Reports Required. The Grantee’s schedule of charges for regular Subscriber service, its policy regarding the processing of Subscriber complaints, delinquent Subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the Grantee’s policy in connection with its Subscribers shall be filed with the Grantor upon request.

12.2 Records Required.

The Grantee shall at all times maintain:

A. A record of all written complaints received regarding interruptions or degradation of Cable Service, which record shall be maintained for one (1) year.

B. A full and complete set of plans, records and strand maps showing the location of the Cable System. Grantor may view Grantee’s strand maps at Grantee’s facility located within 50 miles of Grantor upon Grantor’s reasonable notice to Grantee.

12.3 Inspection of Records. Grantee shall permit any duly authorized representative of the Grantor, upon receipt of advance written notice, to examine at a mutually-agreeable location during normal business hours and on a non-disruptive basis any and all of Grantee’s records maintained by Grantee as is reasonably necessary to ensure Grantee’s compliance with the Franchise. Such notice shall specifically reference the Section of the Franchise that is under review so that the Grantee may organize the necessary books and records for easy access by the Grantor. The Grantee shall not be required to maintain any books and records for Franchise compliance purposes longer than five (5) years, except for service complaints, which shall be kept for one (1) year as specified above. The Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act. Subject to Oregon’s public records law, the Grantor agrees to treat as confidential any books, records or maps that constitute proprietary or confidential information to the extent Grantee make the Grantor aware of such confidentiality. If the Grantor believes it must release any such confidential books or records in the course of enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. Until otherwise ordered by a court or agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by State and federal law, it shall deny access to any of Grantee’s books and records marked confidential, as set forth above, to any Person. Grantee agrees to pay costs incurred by Grantor due to the foregoing denial of books and records, including reasonable attorney fees, in responding to public record requests for Grantee’s books and records and/or defending a denial of such public records requests.

SECTION 13 Public, Educational and Governmental (PEG) Access

13.1 PEG Access. Grantor may at any time during the Term or Renewal Term of this Agreement may, request one Channel on the Cable System for use by for non-commercial, video programming for public, education and government (“PEG”) access programming in accordance with the procedures set forth below. The PEG Channel may be placed on any tier of service available to all Subscribers within the Service Area.

13.2 Process for Requesting PEG Access Channel. Grantee will provide one PEG access Channel upon no less than one hundred twenty (120) days’ written notice from the Grantor that the following conditions have been met:

A. Grantor has passed a resolution, after a public hearing, demonstrating that there is demonstrated a community need for PEG access programming and that it has made arrangements and agrees to fully fund all fund the operational expenses for such programming; and

B. Grantor provides a letter to Grantee identifying those entities or persons who will be responsible for providing access programming and agreeing to indemnify Grantee for any negligence or willful misconduct of such entities or persons for such access programming.

13.3 PEG Channel Reclamation. If the PEG channel provided pursuant to this section is unused or occupied by non-local, substantially duplicated or character-generated programming fifty percent (50%) or more of the time during “regular viewing hours” measured over any ten (10) consecutive week period, the Grantee shall have a right to a return of the PEG channel upon one hundred twenty (120) days’ written notice to Grantor of its intent to reclaim the PEG channel. For purposes of this subsection, “regular viewing hours”" shall be the hours between 2pm to 10 pm Monday through Friday. A program is deemed “duplicated” if it is repeated two (2) times after its first run during regular viewing hours." This Subsection 13.3 will not become effective until 1 (one) year and four (4) months after the City requests a PEG channel.

13.4 Service to Public Buildings. Subject to applicable law, Grantee shall provide, without charge, one (1) Standard Installation, activated outlet, and equipment for Basic Cable Service to three (3) publicly-owned or publicly-operated buildings identified below, which shall be within one hundred twenty five (125) feet of Grantee’s feeder cable. The Cable Service provided pursuant to this Section shall not be used for commercial purposes and such outlets shall not be located in areas open to the public. The Grantor shall take reasonable precautions to prevent any inappropriate use of or loss or damage to the Grantee’s Cable System.

A. City Hall - 13 S 1st St, Creswell, OR 97426

B. Emergency Operations Center - Address to be determined.

C. Library - 64 W Oregon Ave, Creswell, OR 97426 SECTION 14 Enforcement or Revocation

14.1 Notice of Violation. If the Grantor believes that the Grantee has not complied with the terms of the Franchise, the Grantor shall first informally discuss the matter with Grantee. If these discussions do not lead to resolution of the problem, the Grantor shall notify the Grantee in writing of the exact nature of the alleged noncompliance (the “Violation Notice”).

14.2 Grantee’s Right to Cure or Respond. Unless Grantor is pursuing a Revocation pursuant to Section 14.5 below, the Grantee shall have thirty (30) days from receipt of the Violation Notice to (i) respond to the Grantor, contesting the assertion of noncompliance, or (ii) to cure such default, or (iii) if, by the nature of such default, it cannot be cured within the thirty (30) day period, request from Grantor additional time to remedy the default, initiate reasonable steps to remedy such default, and notify the Grantor of the steps being taken and the projected date that they will be completed, which in no case shall exceed a total of sixty (60) days from Grantor’s notice without prior approval from Grantor.

14.3 Public Hearing. If the Grantee fails to respond to the Violation Notice received from the Grantor, or if the default is not remedied within the cure period set forth above, the Council shall schedule a public hearing if it intends to continue its investigation into the default. Unless Grantor is pursuing a Revocation pursuant to Section 14.5 below,Grantor shall provide the Grantee at least twenty (20) days prior written notice of such hearing, which specifies the time, place and purpose of such hearing, notice of which shall be publicized and noticed in the same manner as all public meetings are publicized and noticed and in compliance with Section 15.7 Public Notice. At the hearing, the Council shall give the Grantee an opportunity to state its position on the matter, after which it shall determine if a breach or violation has occurred and/or whether or not the Franchise shall be revoked. The public hearing shall be on the record and, at the Grantee’s request and sole expense, the City shall provide the adopted minutes or a digital recording of the meeting to the Grantee within ten (10) business days. Nothing herein shall prohibit Grantee from arranging for a written transcript of the hearing at Grantee’s expense. The decision of the Council shall be made in writing and shall be delivered to the Grantee. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the Council using a the standard of review consistent with federal and Oregon law. The Grantee may continue to operate the Cable System until all legal appeals procedures have been exhausted.

14.4 Enforcement. Subject to applicable federal, State and Generally Applicable local law, in the event the Grantor, after the hearing set forth in subsections 14.3 or 14.5 determines that the Grantee is in default of any provision of the Franchise, the Grantor may:

A. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or

B. Commence an action at law for monetary damages or seek other equitable relief; or

C. In the case of a substantial default of a material provision of the Franchise, revoke the Franchise itself in accordance with subsection 14.5 below. 14.5 Revocation Hearings: Standards, Notice, and Opportunity to Cure

A. Prior to revocation of the Franchise, the Grantor shall give written a Revocation Notice to the Grantee, which shall state its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee, including one or more instances of substantial noncompliance with a material provision of the Franchise. The notice shall set forth the exact nature of the material and substantial noncompliance. The Grantee shall have sixty (60) days from such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged noncompliance. If the Grantor has not received a satisfactory response from Grantee within sixty days, it may then revoke the Franchise. If the Grantee responds within sixty days and such response is not satisfactory to Grantor, Grantor shall schedule a public City Council hearing no earlier than 30 days from the date of Grantee’s response. The Grantee shall be given at least thirty (30) days prior written notice of such public hearing, specifyingthe time and place of such hearing and it’s intent to revoke the Franchise. The public hearing shall be conducted in accordance with requirements of Section 15.1.

B. Notwithstanding the above provisions, the Grantee and Grantor reserve all of their rights under federal or state and City law or applicable regulation.

C. Upon revocation of the Franchise, Grantee may remove the Cable System from the Streets of the Grantor; or may abandon the Cable System in place with written permission from Grantor.

SECTION 15 Miscellaneous Provisions

15.1 Reservation of Rights and Compliance with Laws. Grantor and Grantee reserve all applicable rights under state or federal law and shall conform to all state and federal laws regarding right of way occupancy, Cable Service, and cable television as they become effective. Grantee shall also conform with all Generally Applicable Grantor ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise.

15.2 Force Majeure. The Grantor or Grantee shall not be held in default under, or in noncompliance with the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Grantor or Grantee to anticipate and control. This provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other acts of God, strikes, work delays caused by failure of utility providers to service, maintain or monitor their utility poles to which Grantee’s Cable System is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.

15.3 Minor Violations. Furthermore, the parties hereby agree that it is not either Parties’ intention to subject either Party to forfeitures or revocation of the Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on the Subscribers within the Franchise Area, or where strict performance would result in practical difficulties or hardship to the offending Party which outweighs the benefit to be derived by the either Party and/or Subscribers.

15.4 Action of Parties. In any action by the Grantor or the Grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.

15.5 Competitive Equity. The Grantee acknowledges and agrees that Grantor reserves the right to grant one or more additional franchises to construct a Cable System to provide a Cable Service or other services within the Franchise Area. If any such additional or competitive Cable Services franchise is granted by Grantor which contains more favorable or less burdensome material terms or conditions than this Franchise, Grantor agrees that it shall modify and renogiate this Franchise to include substantially similar material terms more favorable or less burdensome terms or conditions to Grantee. In determining whether the material terms of this Agreement are more burdensome or less favorable than the material obligations of a competing wireline Cable Service provider's Agreement, the Parties and a court of competent jurisdiction shall consider the comparative material obligations in their totality.

A. In the event an application for a new Cable franchise is filed with the Franchising Authority proposing to serve the Franchising Area, in whole or in part, the Grantor shall use its best efforts to provide a copy of such application upon any existing Grantee or incumbent cable operator by registered or certified mail or via nationally recognized overnight courier service. In no event shall the Franchising Authority hold a public hearing to consider another Cable franchise without providing public notice as required by law.

B. In the event that a non-franchised multichannel video programming distributor with facilities located in Grantor’s Streets provides service to the residents of Grantor, the Grantee may request Franchise amendments. In requesting amendments, the Grantee shall file a petition seeking to amend the Franchise. Such petitions shall: (1) indicate the presence of a non-franchised competitor; (2) identify the basis for Grantee’s belief that Grantee is at a competitive disadvantage; and (3) identify the regulatory burdens requested to be amended or repealed. Grantor shall have 120 days from the date of the petition to alleviate the competitive disadvantages cited in the petition prior to granting Grantee’s proposed amendments. If Grantor denies Grantee’s petition, Grantee may, in its sole discretion, elect to terminate the Franchise upon thirty (30) days written notice to Grantee and pursue renewal of the franchise under Section 626 of the Cable Act and other applicable law. However, this Section shall not apply to a Video Service provider that is not subject to Grantor’s Police Powers.

C. For the purposes of this subsection 15.5(B), “Video Service” shall mean the provision of multichannel video programming through facilities located in, or, or over Grantor’s Streets and generally considered comparable to video programming delivered by a television broadcast station, cable service, or other digital video service, whether provided as part of a tier, on demand, or on a per-channel basis, without regard to the technology used to deliver the video service, including without limitation, Internet Protocol technology or any successor technology.

15.6 Notices. Unless otherwise provided by federal, State or local law, all notices pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently given upon delivery to a Person at the address set forth below, or by U.S. certified mail, return receipt requested, nationally or internationally recognized courier service such as Federal Express or electronic mail communication to the designated electronic mail address provided below. Grantee shall provide thirty (30) days’ written notice of any changes in rates, programming services or Channel positions using any reasonable written means. As set forth above, notice served upon the Grantor shall be delivered or sent to:

Grantor: City of Creswell City Administrator 13 South 1st Street Creswell, OR 97426 Email: [email protected]

Grantee: Attn: Director, Government Relations Charter Communications 222 NE Park Plaza Dr., #231 Vancouver, WA 98684 Email: [email protected]

Copy to: Charter Communications Attn: Vice President, Government Affairs 12405 Powerscourt Drive St. Louis, MO 63131

15.7 Public Notice. Any public meeting held relating to this Franchise or additional, similar franchises shall comply with the public meetings requirements of Oregon law. Grantee will be considered an interested party and will be notified of Grantor’s public meetings.

15.8 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Franchise is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Franchise.

15.9 Entire Agreement. This Franchise and any Exhibits hereto constitute the entire agreement between Grantee and the Grantor and they supersede all prior or contemporaneous agreements, representations or understandings (whether written or oral) of the parties regarding the subject matter hereof.

15.10 Administration of Franchise. Except as otherwise provided herein, this Franchise is a contract and neither party may take any unilateral action that materially changes the express mutual promises and covenants contained herein. Any changes, modifications or amendments to this Franchise must be made in writing, signed by the Grantor and the Grantee. Any determination by the Grantor regarding the interpretation of this Franchise shall be subject to judicial review using a review standard as determined by a court of competent jurisdiction.

15.11 Effective Date. The Franchise granted herein will take effect and be in full force from such date of acceptance by Grantee recorded on the signature page of this Franchise. If any fee or grant that is passed through to Subscribers is required by this Franchise, such fee or grant shall go into effect sixty (60) days after the Effective Date of this Franchise.

15.12 No Third Party Beneficiaries. Nothing in this Franchise is intended to confer third-party beneficiary status on any person other than the parties to this Franchise to enforce the terms of this Franchise.

Considered and approved this ___ day of ______, 2018.

City of Creswell, Oregon

Signature:

Name/Title:

Accepted this ___ day of ______, 2018, subject to applicable federal, State and local law.

Falcon Cable Systems Company II, L.P. By: Charter Communications VII, LLC, its General Partner By: Charter Communications, Inc., its Manager

Signature:

Paul Abbott, Vice President Local Government Affairs & Franchising CRESWELL CITY COUNCIL AGENDA ITEM SUMMARY

Agenda Item Number and Title: Item 6 G - (MOTION) – Resolution 2018-03 A Resolution Amending the 2017/18 General Fund and Appropriating Aikido Scholarship Funds Date: February 12, 2018 Staff Contact: Jim Piper, Finance Director

AGENDA ITEM SUMMARY The City received a donation from Sanipac in the amount of $1,000 for aikido scholarships.

BACKGROUND Aikido, a form of martial arts, is taught at the Cobalt Activity Center by Vicente Rubio. Vicente rents the space at the Cobalt Activity Center monthly and charges students a fee to take the classes. The City has been providing monthly scholarships to citizens of Creswell based on need and risk. Sanipac offered the City a donation to continue paying for scholarships.

Financial Considerations: An additional budget appropriation of $1,000 is needed which is offset by the additional unanticipated revenue.

Council Goal: Strategic Goal #4 Quality of Life – 2.C. Develop a plan to establish community and recreation services at the Cobalt Building through non-profits or contractors.

Staff Recommendation: Staff recommends adopting Resolution 2018-03.

SUGGESTED MOTION I MOVE THAT THE CITY COUNCIL APPROVE RESOLTUION 2018-03 AMENDING THE GENERAL FUND AND APPROPRIATING AIKIDO SCHOLARSHIP FUNDS.

ATTACHMENT(S) Resolution 2018-03, A Resolution Appropriating Aikido Scholarship Grant Funds within the General Fund

Page 1 of 1

RESOLUTION 2018-03

A RESOLUTION APPROPRIATING AIKIDO SCHOLARSHIP GRANT FUNDS WITHIN THE GENERAL FUND

WHEREAS: The City of Creswell has received a $1,000 donation to be used for Aikido scholarships at the Cobalt Activity Center; and

WHEREAS: Said scholarships are funded through the Culture and Recreation department of the General Fund; and

NOW, THEREFORE, BE IT RESOLVED: That the amounts for the fiscal year beginning July 1, 2017 and for the purpose showing below are hereby amended as follows:

General Fund: Original Proposed Approved Purpose Appropriation Change Revision Administration $340,888 $0 $340,888 Culture and Recreation 347,312 1,000 348,312 Public Safety 989,405 0 989,405 Planning & Land Use 359,604 0 359,604 Non-departmental Special Payments – Interfund loan to Airport fund 150,000 0 150,000 General Operating Contingency 310,125 0 310,125

Total appropriations $2,497,334 $1,000 $2,498,334

Adopted by the Common Council of the City of Creswell, this 12th day of February, 2018.

______Dave Stram, Mayor ATTEST:

______Roberta J Tharp, City Recorder

CRESWELL CITY COUNCIL AGENDA ITEM SUMMARY

Agenda Item Number and Title: Item 6 H - (MOTION) – Resolution 2018-04 A Resolution Amending the 2017/18 General Fund and Appropriating Siletz Tribe Grant Funds Date: February 12, 2018 Staff Contact: Jim Piper, Finance Director

AGENDA ITEM SUMMARY The City received a grant from the Siletz Tribe in the amount of $5,000 for a floating floor and mirrors at the Cobalt Activity Center.

BACKGROUND Aikido and adult exercise classes are currently offered at the Cobalt Activity Center. Plans to provide dance classes require the addition of a floating floor and mirrors.

Financial Considerations: An additional budget appropriation of $5,000 is needed which is offset by the additional unanticipated revenue.

Council Goal: Strategic Goal #4 Quality of Life – 2.C. Develop a plan to establish community and recreation services at the Cobalt Building through non-profits or contractors.

Staff Recommendation: Staff recommends adopting Resolution 2018-04.

SUGGESTED MOTION I MOVE THAT THE CITY COUNCIL APPROVE RESOLTUION 2018-04 AMENDING THE GENERAL FUND AND APPROPRIATING SILETZ TRIBE GRANT FUNDS.

ATTACHMENT(S) Resolution 2018-04, A Resolution Appropriating Siletz Tribe Grant Funds within the General Fund

Page 1 of 1

RESOLUTION 2018-04

A RESOLUTION APPROPRIATING SILETZ TRIBE GRANT FUNDS WITHIN THE GENERAL FUND

WHEREAS: The City of Creswell has been awarded a Siletz Tribe grant in the amount of $5,000 for improvements to the Cobalt building; and

WHEREAS: Said funds are for the installation of a floating floor and mirrors; and

NOW, THEREFORE, BE IT RESOLVED: That the amounts for the fiscal year beginning July 1, 2017 and for the purpose showing below are hereby amended as follows:

General Fund: Original Previous Proposed Approved Purpose Appropriation Change Change Revision Administration $340,888 $0 0 $370,888 Culture and Recreation 347,312 1,000 5,000 353,312 Public Safety 989,405 0 0 989,405 Planning & Land Use 359,604 0 0 359,604 Non-departmental Special Payments – Interfund loan to Airport fund 150,000 0 0 150,000 General Operating Contingency 310,125 0 0 255,125

Total appropriations $2,497,334 $1,000 $5,000 $2,504,334

Adopted by the Common Council of the City of Creswell, this 12th day of February, 2018.

______Dave Stram, Mayor ATTEST:

______Roberta J Tharp, City Recorder

CRESWELL CITY COUNCIL AGENDA ITEM SUMMARY

Agenda Item Number: Item 6 I – (motion) To Give the City Administrator Authority to Enter into Negotiations and Contract for a Multi-year Engineering Consultant (RFP) for Creswell Hobby Field Airport Meeting Date: February 12, 2018 Staff Contact: Shelley Humble /Michelle Amberg

AGENDA ITEM SUMMARY This agenda item seeks council approval to grant the authority to the City Administrator to enter into an agreement for the multi-year Consulting Agreement for Hobby Field Airport.

BACKGROUND: On January 15th, 2017, the City of Creswell published in the Daily Journal of Commerce (DJC) a Request for Proposals for an engineering firm to provide multi-year Engineering Consulting Services for the City of Creswell Hobby Field Airport (77S). Airport Manager, Shelley Humble, also sent emails to the seven aviation consulting firms licensed in Oregon to advise them of the open Engineering Consultant Multi- year RFP. The proposals were to be submitted to City Hall, addressed to the Airport Manager no later than 2:00 p.m. on February 2nd, 2018.

The City of Creswell received two proposals, Precision Approach Engineering and WH Pacific.

Ms. Amberg, City Administrator, Mr. Cliff Bellew, Public Works Director, Ms. Tharp, City Recorder, Mr. Piper, Finance Director and Mrs. Humble, Airport Manager, reviewed and rated the proposals based on the information provided in the proposals. Both proposals met all the required criteria.

FINANCIAL AND/OR RESOURCE CONSIDERATIONS None

OPTIONS No options are presented.

STAFF RECOMMENDATION Staff recommends that the City Council directs City Administrator, Ms. Amberg, to negotiate and enter into a Multi- year Engineering Consulting contract for the City of Creswell Hobby Field.

SUGGESTED MOTION - I MOVE THAT COUNCIL GIVE THE AUTHORITY TO THE CITY ADMINISTRATOR, MS. AMBERG, TO ENTER INTO A MULTI-YEAR ENGINEERING CONSULTING AGREEMENT FOR THE CITY OF CRESWELL AIRPORT.

ATTACHMENTS