The URL can be used to link to this page

City Council Packet - 07/12/2011 C TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING July 12, 2011 COUNCIL MEETING WILL BE TELEVISED I:1Design & Communications \Donna \City Council \ccpkt1 Cathy Wheatley 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov 11 City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL Revised July 6, 2011 - Added Item C. in Study Session MEETING DATE AND TIME: July 12, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: Ili. 111.11 k 1 s' ' I vi ii i —1 14 • w' n n i , 1 di it ' i —u I i CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. 1 14 !' City of Tigard I II Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL Revised July 6, 2011 - Added Item C. in Study Session MEETING DATE AND TIME: July 12, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. Briefing on the Replacement of Computerized Maintenance Management System (CMMS) Software B. Discuss Property Tax Deferral/Abatement Within River Terrace Annexation Area and Community Plan Funding Methods C. Discuss Council Meals and Select Option D. Discuss Interim City Manager Agreement E. Administrative Items: • Invitation for a ride -along from Tualatin Valley Fire & Rescue Battalion Chief Leonard Damian. Poll City Council to determine who would like to participate. • Rail- Volution 2011 Conference Registration is now open. City Council members received an email announcing the Washington DC conference, which will be held Sunday, October 16 - Wednesday, October 19, 2011. • Council Calendar: • July 19 6:30 p.m. Workshop Meeting • July 26 6:30 p.m. Business Meeting • August 9 6:30 p.m. Business Meeting • August 16 -- Workshop Meeting Cancelled • August 23 6:30 p.m. Business Meeting • EXECUTIVE SESSION; The Tigard City Council will go into Executive Session to discuss current and pending litigation with legal counsel under ORS I92.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any fmal decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING - TIGARD CITY COUNCIL - JULY 12, 2011 A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports 7:35 PM - Estimated time. E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) A. Follow -up to Previous Citizen Communication. No follow up. B. Tigard Area Chamber of Commerce - Executive Director Debi Mollahan C. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:45 PM - Estimated time. A. Receive and File: 1. Council Calendar 2. Tentative Agenda • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 4. QUASI - JUDICIAL PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT, SENSITIVE LANDS REVIEWS AND ADJUSTMENT TO EXTEND WALL STREET TO FIELDS' PROPERTY (Hearing to be continued to September 13, 2011.) 7:50 PM - Estimated time. COMPREHENSIVE PLAN AMENDMENT (CPA) 2009 - 00004 /SENSITIVE LANDS REVIEW (SLR) 2009 - 00004 /SENSITIVE LANDS REVIEW (SLR) 2009 - 00005 /ADJUSTMENT (VAR) 2010 -00002 - WALL STREET EXTENSION (FIELDS) REQUEST: The applicant is requesting amendments to the Comprehensive Plan to remove Goal 5 protection from Tigard Significant Wetlands and the riparian corridor surrounding Fanno Creek in order to extend Wall Street across City of Tigard property and Fanno Creek to his property. Sensitive Lands Review is required for proposed work within the 100 -year floodplain and wetlands. The applicant is requesting an adjustment to the street improvement standards in order to construct a narrower street section than required by code. Tree removal permits to remove trees within the sensitive lands were submitted under a separate application. LOCATION: No address, Washington County Tax Assessor's Map 2S 102DA, Tax Lot 690. No address, Washington County Tax Assessor's Map 2S 102DD, Tax Lot 100. 13560 SW Hall Blvd., Washington County Tax Assessor's Map 2S102DD, Tax Lot 200. No address, Washington County Tax Assessor's Map 2S10100, Tax Lot 1200. ZONES: R -12: Medium - Density Residential District. The R -12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. R -25: Medium High - Density Residential District. The R -25 zoning district is designed to accommodate existing housing of all types and new attached single - family and multi - family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential and Medium -High Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.380, 18.390, 18.510, 18.745, 18.775, 18.790 & 18.810; Comprehensive Plan Goals 1, 2, 5, 6, 7, 8, 11 & 12; Tigard Municipal Code Chapter 9; Metro Functional Plan Titles 3, 6 and 13; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 11 and 12. • Open Public Hearing and Continue to September 13, 2011. 5. UPDATE ON TIGARD TRIANGLE DISTRICT PLAN 7:55 PM - Estimated time. 6. DISCUSS URBAN FOREST PROGRAM 8:25 PM - Estimated time. 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any fmal decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 9:30 - Estimated time. j City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL Revised July 6, 2011 - Added Item C. in Study Session MEETING DATE AND TIME: July 12, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. Briefmg on the Replacement of Comp!oeerized Maintenance Management System (CMMS) Software B. Discuss Property Tax Deferral /Abater Within River Terrace Annexation Area and Community F': - Funding Methods C. Discuss Council Meals and Select Opi3rm D. Discuss Interim City Manager Agreement E. Administrative Items: • Invitation for a ride -along from Tualatin Valley Fire & Rescue Battalion Chief Leonard Damian. Poll Ciiy Council to d- iermine who would like to participate. • Rail - Volution 2011 Conference "ae is now open. City Council members received an email announcing the Washingi,,n DC conference, which will be held Sunday, October 16 - Wednesday, October 19, 2011. • Council Calendar: • July 19 6:30 p.m. Workshop Meeting • July 26 6:30 p.m. Business Meeting • August 9 6:30 p.m. Business Meeting • August 16 -- Workshop Meeting Cancelled • August 23 6:30 p.m. Business Meeting • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss current and pending litigation with legal counsel under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM • 1. BUSINESS MEETING - TIGARD CITY COUNCIL - JULY 12, 2011 A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports 7:35 PM - Estimated time. E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) A. Follow -up to Previous Citizen Communication. No follow up. B. Tigard Area Chamber of Commerce - Executive Director Debi Mollahan C. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:45 PM - Estimated time. A. Receive and File: 1. Council Calendar 2. Tentative Agenda • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 4. QUASI - JUDICIAL PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT, SENSITIVE LANDS REVIEWS AND ADJUSTMENT TO EXTEND WALL STREET TO FIELDS' PROPERTY (Hearing to be continued to September 13, 2011.) 7:50 PM - Estimated time. COMPREHENSIVE PLAN AMENDMENT (CPA) 2009 - 00004 /SENSITIVE LANDS REVIEW (SLR) 2009 - 00004 /SENSITIVE LANDS REVIEW (SLR) 2009 - 00005 /ADJUSTMENT (VAR) 2010 -00002 - WALL STREET EXTENSION (FIELDS) REQUEST: The applicant is requesting amendments to the Comprehensive Plan to remove Goal 5 protection from Tigard Significant Wetlands and the riparian corridor surrounding Fanno Creek in order to extend Wall Street across City of Tigard property and Fanno Creek to his property. Sensitive Lands Review is required for proposed work within the 100 -year floodplain and wetlands. The applicant is requesting an adjustment to the street improvement standards in order to construct a narrower street section than required by code. Tree removal permits to remove trees within the sensitive lands were submitted under a separate application. LOCATION: No address, Washington County Tax Assessor's Map 2S 102DA, Tax Lot 690. No address, Washington County Tax Assessor's Map 2S102DD, Tax Lot 100. 13560 SW Hall Blvd., Washington County Tax Assessor's Map 2S 102DD, Tax Lot 200. No address, Washington County Tax Assessor's Map 2S10100, Tax Lot 1200. ZONES: R -12: Medium - Density Residential District. The R -12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. R -25: Medium High-Density - Residential •District. T h e - R - 2 - 5 zoning district- is- designed -to- accommodate- existing housing of all types and new attached single- family and multi - family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential and Medium -High Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.380, 18.390, 18.510, 18.745, 18.775, 18.790 & 18.810; Comprehensive Plan Goals 1, 2, 5, 6, 7, 8, 11 & 12; Tigard Municipal Code Chapter 9; Metro Functional Plan Titles 3, 6 and 13; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 11 and 12. • Open Public Hearing and Continue to September 13, 2011. 5. UPDATE ON TIGARD TRIANGLE DISTRICT PLAN 7:55 PM - Estimated time. 6. DISCUSS URBAN FOREST PROGRAM 8:25 PM - Estimated time. 7. COUNCIL LIAISON REPORTS . 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 9:30 - Estimated time. Item # � Q Newsletter dated"U 1111 q ■ MEMORANDUM TIGARD TO: Craig Prosser, City Manager FROM: Joe Barrett, Sr. Management Analyst — FIS Kathleen Strayer, Payroll Specialist - FIS RE: Council Meals DATE: July 6, 2011 At the June 28t Study Session, staff presented Council with the new 'Travel /Taxable Fringe Benefit policies. During the presentation, staff presented Council with information regarding meals provided by the city and the three specific criteria that needed to be met for a meal to be considered non- taxable: • The meal needs to occur on -site; and • The meal needs to be infrequent (quarterly or less); and • The meal needs to be for the convenience of the employer, not the employee. At Council request, staff asked the IRS for further clarification regarding city provided meals and found that the city interpretation could be open to a degree of flexibility. A piece of the flexibility can be found in the term "convenience of the employer." If the city chooses to expand the definition of convenience, the city must understand that there are budgetary impacts, both in terms of the number of employees that would now be eligible for city provided meals and the subsequent increase in administrative costs surrounding the increase in meals to properly document them. With the clarification from the IRS, staff envisions three options that can be explored under the expansion of "convenience of the employer" with respect to council meals. 'These three options are as follows: • The city may provide a meal to Council — this would be a non - taxable meal. This is the current practice for Council members. However, this is a different standard than the one applied to all other staff. According to staff research, the IRS guidelines indicate that the City cannot maintain two different standards. If Council elects this option, Departments would need to budget the additional cost for any meals provided under this provision. • The city may continue to provide Council a meal in its current practice — this would be a taxable meal to Council members receiving the meal that would have a small administrative cost to the city, • The Council may choose to purchase their own meals by providing staff with the appropriate funds and have staff pick up the meals — this would be a non - taxable meal that would have small administrative cost to the city. These are the options surrounding Council meals that best serve to meet the requirement placed on the city by the IRS. Staff asks that Council provide direction as to which of the option they believe best meets their needs. If any member of the Council would like further information or would like to discuss this or any part of the travel /taxable fringe benefit presentation, Kathleen and I are happy to do so. agenda Item No. S 6 -L `S r'1 Cirl Meeting of , AIS -539 Item #: A. Business Meeting Date: 07/12/2011 Length (in minutes): 15 Minutes Agenda Title: A Briefing on the Replacement of Computerized Maintenance Management System (CMMS) Software Prepared For: Brian Rager Submitted By: Greer Gaston Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE Staff will brief the City Council on the replacement of the city's Computerized Maintenance Management System (CMMS) software. STAFF RECOMMENDATION / ACTION REQUEST No Council action is requested; information only. KEY FACTS AND INFORMATION SUMMARY Background The city manages over 249 miles of water lines, 164 miles of sewer lines, 125 miles of storm drainage lines, over 200 acres of developed parks and over 20 city-owned buildings. The rough replacement value of these assets is $1.5 billion. In order to systematically and effectively manage these assets, the Public Works Department utilizes a computerized maintenance management system (CMMS). A CMMS is software that allows an organization to track the inventory of its assets, plan for routine maintenance work, record important inspection findings, track repair histories, and plan for eventual rehabilitation or replacement. Current and Future CMMS The Public Works Department has used the Hansen CMMS since the early 1990s. This software is due for replacement, as it is outdated and the vendor will eventually discontinue support. Modern CMMS software offers the following benefits: • Interfaces with other software, such as mapping and financial software. This would reduce data entry and eliminate the need to switch back and forth between software programs. • Wireless Internet connection so crews can complete work orders in the field. • Improved user friendliness, which expedites work flow. • Improved reporting and asset management planning for better data - driven decision making. Selecting a New CMMS Software City staff conducted a very thorough process over the last 12 months to evaluate its use of CMMS, the future of asset management, and the various software options available today. This process included the following key elements: • Assembling a project evaluation team consisting of members from information services and public works. • Issuing a Request for Information and later, a Request for Proposals. • Conducting site visits to observe the software "in action." • Holding formal interviews with the three finalist vendors. The project evaluation team ranked the vendors on firm qualifications, project understanding and approach, overall schedule, and cost. The MaintStar CMMS software received the team's highest ranking; MaintStar has been a CMMS vendor for over 20 years and is used extensively by multiple organizations in California, as well as Clark County Public Works in Washington. What's Next The next steps in the process are to negotiate the final scope of services, complete a formal contract for Local Contract Review Board approval, and begin the implementation process. Implementation will take approximately 18 months. The implementation process will include the following key phases: • Documenting current work flow processes and transitioning them to the new software. • Converting existing data from the Hansen CMMS to MaintStar to ensure that we retain our historic records. • Conducting on -site training for staff, including advanced training for the city's CMMS specialist. A contract for the CMMS software purchase will come before the Local Contract Review Board at an upcoming meeting. OTHER ALTERNATIVES The Council could direct staff to follow some other course of action regarding the replacement of the existing CMMS software. However, a CMMS is a necessity for the city. Current regulations mandate the use of a CMMS to effectively track maintenance and repair history on assets. Sanitary sewer asset management, in particular, is subject to federal regulations that require reporting from a CMMS to verify compliance. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Tigard City Council Five -Year Council Goal - "Develop Sustainability Plan." 2011 Tigard City Council Long Range Objective - "External and internal city assets are well managed and utilized." Asset management, accomplished through effective and modern CMMS software, is a critical part of the City's sustainability effort. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this issue has come before the Council. Fiscal Impact Cost: $420,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Various divisions within Public Works Department Additional Fiscal Notes: Implementation will take approximately 18 months, so this project will span two fiscal years. The total project cost is roughly $420,000, with $260,000 budgeted in fiscal year 2011 -2012. The remaining project costs will be included in the fiscal year 2012 -2013 proposed budget. Annual software maintenance costs will be $31,000. Agenda Item No. S d y $ SS(;Uf . Meeting of `7# I a . 01 t" ) AIS -566 Item #: B. Business Meeting Date: 07/12/2011 Length (in minutes): 10 Minutes Agenda Title: Discuss Property Tax Deferral /Abatement Within River Terrace Annexation Area and Community Plan Funding Methods Submitted By: Ron Bunch Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE Council is requested to: 1) discuss whether the city should consider temporary property tax abatement / deferral for properties in the River Terrace annexation area and 2) consider methods to fund required community planning. STAFF RECOMMENDATION / ACTION REQUEST Council is requested to provide direction to staff whether or not it should bring back to Council proposals to abate /defer property taxes for River Terrace properties that will annexed to the City. A related issue is should property tax relief be tied to a method to fund community planning? KEY FACTS AND INFORMATION SUMMARY A very strong triple majority annexation proposal has developed to annex the River Terrace area consisting of 91% of the property owners and 80% of assessed value and land area respectively. During this process, several property owners have asked if the City would consider deferring or abating city property taxes. The reasoning is that a very low level of city services will be required until urban development is initiated. It is important to point out that the full amount of city tax receipts from the entire area is estimated at between $20,000 - $25,0000. During these discussions, staff has emphasized that the city already has a policy to phase in City property taxes in equal increments over a three year period following annexation- 33% the first year; 67% the second year and the full amount to be paid the third year. River Terrace property onwners have stressed, that this is most applicable to newly annexed land that can receive City services in the short term. Their situation is different because it will take much longer to extend urban services to make development possible. There is a key city service needed for River Terrace and the other urban growth areas (Area 63 and the Rural Element) to prepare for urban development. Long Range Planning services are necessary to develop the Metro required community plan. The cost is estimated at about $800,000. This figure consists of consulting, staff and other direct and indirect costs. Staffs opinion is that it is reasonable to defer property taxes if an agreement is reached with property owners to pay a proportionate share of community plan costs at a prescribed time, such as upon issuance of land use approvals, connection to city utilities, submittal of building permits, etc. Other funding sources might become available and it could be that not all Community Plan costs would have to be assessed this way. Staff wishes Council to express if it is interested further developing this approach. If so, staff will do more work and return at a later date with a more fully developed proposal. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Goal 1 e: Implement the the Comprehensive Plan - Work with Partners on Urbanization Policy Issues DATES OF PREVIOUS COUNCIL CONSIDERATION The matter of property tax abatement or apportionment of Community Plan costs for the River Terrace annexation area has not been previously discussed by Council. Fiscal Impact Fiscal Information: If taxes are abated for Riverview Terrace property owners, the city could lose up to $25,000 per year during the abtement period. If taxes are deferred, the city would not receive that money for a period of time, but could collect the money at the end of the deferment period. Print Agenda Item Summary Page 1 of 1 AIS -597 Item #: C. Business Meeting Date: 07/12/2011 Length (in minutes): 10 Minutes Agenda Title: Discuss Interim City Manager Agreement Prepared For: Tim Ramis, City Attorney Submitted By: Cathy Wheatley Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. 1 ISSUE Discuss Interim City Manager Agreement terms. STAFF RECOMMENDATION / ACTION REQUEST After discussion, direct staff to place the Interim City Manager Agreement on the July 26, 2011, Consent Agenda. KEY FACTS AND INFORMATION SUMMARY This is a discussion item for the appointment of Liz Newton to fill the position of Interim City Manager until a permanent City Manager is selected and hired by the City of Tigard. The City Attorney's office prepared the draft agreement, which is attached for City Council review and discussion. OTHER ALTERNATIVES Discuss and propose amendments to the agreement. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION The transition and appointment process for the City Manager's position has been before the City Council several times since March 2011 subsequent to the March 18 letter to Council from City Manager Prosser advising he would retire July 31, 2011. Attachments Draft Agreement http://192.168.109.28/frs/ publish /print_ag memo. cfm ?seq =597 &rev =0 &mode = External &r... 7/8/2011 Agenda Item No. S ud Li SP Sc itY1 [ n X Meeting of '7. 1 1, TIGARD INTERIM CITY MANAGER EMPLOYMENT AGREEMENT INTERIM CITY MANAGER EMPLOYMENT AGREEMENT TABLE OF CONTENTS INTRODUCTION 1 SECTION 1. TERM 1 SECTION 2. DUTIES AND AUTHORITY 1 SECTION 3. COMPENSATION 2 SECTION 4. HEALTH, DISABILITY AND LIFE INSURANCE BENEFITS 2 SECTION 5. LEAVE BENEFITS 2 SECTION 6. RETIREMENT 3 SECTION 7. PROFESSIONAL AND CIVIC MEMBERSHIPS AND TRAVEL 3 SECTION 8. TERMINATION 4 SECTION 9. SEVERANCE 4 SECTION 10. RESIGNATION 4 SECTION 11. HOURS OF WORK 4 SECTION 12. OUTSIDE ACTIVITIES 5 SECTION 13. INDEMNIFICATION 5 SECTION 14. BONDING 5 SECTION 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT 5 SECTION 16. NOTICES 6 SECTION 17. GENERAL PROVISIONS 6 SECTION 18. ARBITRATION 6 Interim City Manager Employment Agreement Introduction This Agreement, made and entered into this August 1, 2011, by and between the City of Tigard, Oregon, a municipal corporation, (hereinafter called "Employer ") and Liz Newton, (hereinafter called "Employee ") an individual who has the education, training and experience in local government management to fill the position of Interim City Manager until a permanent City Manager is selected and hired by the City of Tigard. Section 1: Term This agreement shall remain in full force and effect from August 1, 2011 until a new permanent City Manager's first day of work, or until terminated by the Employer or the Employee as provided in this Agreement. If not previously terminated as provided in this Agreement, the term of this Employee's employment shall be automatically extended from year to year for additional periods of one year each following August 1, 2011 unless either party gives written notice to the other not less than thirty (30) days before the expiration of the initial or any extended term, that this Agreement shall be terminated or renegotiated. The giving of such notice terminates the agreement at the end of the initial term or extended term in which such notice is given. Section 2: Duties and Authority Employer agrees to employ Liz Newton as Interim City Manager to perform the functions and duties of the City Manager specified in the Charter and Municipal Code of the City of Tigard and to perform other legally permissible and proper duties and functions assigned by the City Council. These duties and functions include, but are not limited to: A. Guiding, managing and directing the day -to -day administrative operations, consistent with the goals and priorities established by the Mayor and City Council. B. Providing strategic research, recommendations and management leadership to the Mayor and City Council on budgets, programs, policies and services. C. Appointing, supervising, disciplining and removing appointive personnel, except appointees of the Mayor or City Council. D. Acting as chief budget and fiscal officer of the City and submitting the annual budget and capital program to the Mayor and City Council. E. Supervising the administration of and assuming responsibility for the enforcement of all laws and ordinances executed within the City. F. Serving as the chief purchasing and business agent of the City. G. Preparing and presenting information and recommendations to the Mayor and City Council regarding the operations and policies of the City. 1 H. Policy advice to elected officials, and open communication with the community so as to foster responsive and courteous public service. Employee will continue to meet weekly with the Mayor to discuss City issues. Employee will also meet with each City Councilor at least once a month to discuss City issues. In performing the services contemplated by this Agreement, Employee shall faithfully observe and comply with all federal, state and local laws, City Charter, ordinances and regulations applicable to the service to be rendered under this Agreement. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $134,323 paid bi- weekly on regular payroll dates. B. Employee's annual base salary shall be automatically amended to reflect any cost of living adjustments that are provided by Council to management employees of the City. Section 4: Health, Disability and Life Insurance Benefits A. Employer agrees to provide the same health and welfare benefits for the Employee and her dependents, and to contribute towards the cost of such benefits, to the same degree that it provides and contributes to all other management employees of the City. In the event Employee is required to contribute toward the premium cost of such benefits, Employee agrees to the deduction of such amounts from her paycheck. B. Employer agrees to provide and to contribute towards the cost of a standard life insurance policy for the Employee to the same degree that it provides and contributes to all other management employees of the City. C. Employer agrees to put into force and to contribute towards the cost of long term disability coverage for the Employee to the same degree that it provides and contributes to all other management employees of the City. D. Employer shall make a monthly contribution to the Employee's VEBA account in the same amount or at the same rate as made for the management employees of the City. Section 5: Leave Benefits Employee shall accrue leave benefits pursuant to the Paid Time Off Policy, No. 190, of the Management, Supervisory, and Confidential Employees Personnel Policies of the City of Tigard, with the following exceptions: A. Paid Time Off shall accrue at a rate based on 31 years of service as of the date of this agreement, and shall continue to increase according to the accrual schedule in the Policy as it currently exists or as it may be adjusted in the future. B. Employee shall accrue an additional 16 hours of Paid Time Off above the levels provided in the Policy in recognition of the additional management leave currently provided to the Employee above the management leave provided to other management employees of 2 the City. C. Except as otherwise stated in this Section, Employee is entitled to accrue all unused leave without limit. In the event Employee's employment is terminated, either voluntarily or involuntarily, Employee shall be compensated for all Paid Time Off accrued prior to the date of termination. Employee shall not be eligible to receive any cash or retirement credit for unused Medical Leave Bank leave. Section 6: Retirement A. Employer agrees to pay an amount equal to the City's retirement plan contribution as is made for all other management employees in equal proportionate amount each pay period. B. Employer agrees to match any employee contributions to a City - approved deferred compensation plan up to 5% of employee salary. Section 7: Professional and Civic Memberships and Travel The Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. Eligible professional organizations include the International City Managers' Association, the Government Finance Officers' Association, and such other organizations as may be approved from time to time by the City Council. The Employer agrees to budget for and to pay for travel and subsistence expenses of the Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of the Employee and to pursue necessary official functions for the Employer, including but not limited to the ICMA Annual Conference or the GFOA Annual Conference, the League of Oregon Cities, and such other national, regional, state, and local governmental groups and committees in which the Employee serves as a member, as may be approved from time to time by the City Council. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer, as may be approved from time to time by the City Council. Employer acknowledges the value of having the Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable Employee to become an active member in local civic clubs or organizations, as may be approved from time to time by the City Council. 3 Section 8: Termination For the purpose of this Agreement, termination shall occur when: A. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting; B. If Employer, citizens, or the Legislature acts to amend any provisions of the City Charter pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination; C. If Employer reduces the base salary, compensation or any other financial benefit of Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this agreement and will be regarded as a termination; D. If Employee resigns following an offer to accept resignation, whether formal or informal, by Employer, then Employee may declare a termination as of the date of the suggestion; or E. On the first work day of the new City Manager. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 18. Section 9: Severance In the event Employee is terminated by the City Council during such a time that Employee is willing and able to perform Employee's duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six months aggregate salary. Employer will also continue, at its expense, Employee's health and welfare and life insurance benefits for six months, or until Employee is professionally reemployed, whichever comes first. Employee agrees to notify employer of reemployment within three (3) business days of accepting new employment. In the event Employee is terminated for gross negligence or misconduct that is deemed detrimental to the best interests of the City, Employer shall have no obligation to pay any of the severance payments or benefits provided in this paragraph. Section 10: Resignation In the event that Employee voluntarily resigns her position with Employer, Employee shall provide a minimum of 30 days written notice unless the parties agree otherwise. Section 11: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours on business for Employer, and to that end the Employee shall be allowed to establish an appropriate work schedule. 4 Section 12: Outside Activities The employment provided for by this Agreement shall be Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to Employer and the community, Employee may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with or a conflict of interest with her responsibilities under this Agreement. Section 13: Indemnification The City agrees to defend, hold harmless, and indemnify the Employee from any and all demands, claims, suits, actions, and legal proceedings brought against Employee in her individual capacity, or in her official capacity as agent and employee of the City, as to any actions of Employee within the scope of her employment. The City agrees to pay premiums on appropriate insurance policies through the City's normal insurance program and through the Public Officials Liability Insurance Program of the International City Management Association. Section 14: Bonding The Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 15: Other Terms and Conditions of Employment The Employer, only upon agreement with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Tigard Charter or any other law. Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by department heads of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Upon the City's hiring of a permanent City Manager, Employee shall be returned to her position as Assistant City Manager /Administrative Services Director at the then current rate of pay for top step with the full benefits for that position as they exist at that time, except that Employee shall be entitled to six months severance under Section 12 (B)(1) of the City of Tigard Employment Agreement signed June 12, 2006. This clause shall survive the expiration of this Agreement and shall act as an amendment to Section 12 (B)(1) of the June 12, 2006 Employment Agreement. CONTINUED ON NEXT PAGE 5 Section 16: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER Mayor Dirksen City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 (2) EMPLOYEE Elizabeth A. Newton 12300 SW 106th Dr Tigard, Oregon 97223 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 17: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of Employee by Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on August 1, 2011. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. Section 18: Arbitration The parties agree that any dispute about the validity, interpretation, effect or alleged violation of this Agreement by either Employee or the City must be submitted to final and binding arbitration pursuant to the then effective arbitration rules of Arbitration Service of Portland, Inc. in accordance with the filing rules of ASP. The parties agree that the prevailing party will be entitled to recover its reasonable attorney fees, costs, and damages from the losing party that may be 6 incurred as a result of the arbitration claim. The parties agree that judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof IN WITNESS WHEREOF, the City of Tigard, Oregon has cause this Agreement to be signed and executed and the Employee has signed and executed this Agreement, both in duplicate, on the date first written above. Elizabeth A. Newton, City Employee Craig E. Dirksen, Mayor City of Tigard AT! EST: City Recorder APPROVED AS TO FORM: City Attorney 7 UP COMIN( EVENTS ■ Good Morning Tigard (GMT)— Business Networking — 7:30- 9:00am - FREE • 07/14/11 —Acceleration Chiropractic 0' I_i • Hosted at their location, 15495 SW Sequoia Parkway #150, Tigard, OR l ° 07/21/11— Reflex Portland aka Integrated Joint Solutions "`' '``tit QIN • Hosted at their location, 10250 SW Greenburg Ste125, Tigard, OR avt I o 07/28/11— Bridge City Cafe (Previously known as Paradise Bakery and Cafe) • Hosted at their location, 7211 SW Bridgeport Rd., F -103, Tigard, OR o 08/04/11— Pets First Dianne's Priority Pet Care • Hosted at their location, 1921 Kilkenny Road, Lake Oswego, OR o 08/11/11 —TBD • Hosted at TBD Other Chamber Events Lunch & Learns — Free, Noon to 1:00 p.m. o Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m., BYOL • 07/20/11- Sustainable Business Practices • 08/03/11- Google Places Optimization for Your Business • 08/17/11- Identify Theft Act requirements from the State of Oregon Register for these events on our website Lunch Local — No Host Lunch, 2 & 4 Wed of each month 11:45 a.m. to 1 p.m. • 07/13/11 - The Blitz Sports Pub • 07/27/11 - Thirsty Lion Tigard's 3rd Tuesday After Hours — Free, 5:00 — 6:30 p.m. July 19th - Hosted by Dan Snyder ACN event is taking place at The Tigard Chamber of Commerce on Main Street in Downtown Tigard Legislative Report out with Senator Burdick and Representative Doherty 7/12 5 -6pm at the Tigard Chamber Pearson Community Room For more about these and other events, go to www.tigardareachamber.org /directory /events To sign up for our newsletter, e-mail infoPtigardchamber.org and put newsletter in the subject line SUPPLEMENTAL PACKET FOR . 7 /ia /R(? I (DATE OF MEETING) "" 4 Find us on Facebooklj 8F 4ofCod AGENDA ITEM NO. 2 - C CITIZEN COMMUNICATION DATE: July 12, 2011 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: L ids � � S Also, please spell your name as it sounds, if it will p help the presiding officer pronounce: 0G ` Address 11 7 4 SW ( D.5TH Cr City 1 1 GA4 State R Zip q /� 7 C'''D-3 Phone No. D� 3 34 7 -1 b Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. SUPPLEMENTAL, PACKET FOR `7 (DATE CITIZEN COMMUNICATION OF MEETING) AIS -589 Item #: 3. A. Business Meeting Date: 07/12/2011 Length (in minutes): Consent Item Agenda Title: Receive and File - Council Calendar and Tentative Agenda Submitted By: Cathy Wheatley Administrative Services Item Type: Receive and File Meeting Type: Consent Agenda ISSUE Receive and File: 1. Council Calendar 2. Tentative Agenda STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY N/A OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Council Calendar Tentative Agenda - Future Council Agenda Items Agenda Item No. I 3A1 For Agenda of July 12, 2011 S MEMORANDUM TIGARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: July 1, 2011 Regularly scheduled Council meetings are marked with an asterisk ( *). July 12* Tuesday Council Business Meeting — 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 26* Tuesday Council Business Meeting — 6:30 pm, Town Hall August 9* Tuesday Council Business Meeting — 6:30 pm, Town Hall 16* Tuesday Council Workshop Meeting -- Cancelled 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall September 13* Tuesday Council Business Meeting — 6:30 pm, Town Hall 20* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 27* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council \Council Calendar \3 -month calendar for c mtg 110712.doc Key: Item 3 A 2 Meeting Banner ❑ Business Meeting ❑ Agenda of July 12, 2011 Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 7/1/2011 3:08 PM Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized 393 07/19/2011 Carol Krager AAA Workshop Meeting � I I II 511 07/19/2011 Sean CCWKSHOP 1 45 Minutes - Downtown Marketing and Revitalization Community 06/30/2011 Farrelly Presentation /CCAC Joint Meeting Development 324 07/19/2011 Judith Gray CCWKSHOP 2 30 Minutes - HCT Land Use Plan Update Community Development 516 07/19/2011 Todd Prager CCWKSHOP 3 45 Minutes - Urban Forestry Code Revisions Project Community Hartnett S, Asst Update Development CD Director 532 07/19/2011 Susan CCWKSHOP 4 45 Minutes - Discuss Potential Administrative Rulemaking Community Hartnett S, Asst Hartnett Municipal Code Amendments Development CD Director 371 07/19/2011 Joanne CCWKSHOP 5 10 Minutes - 2nd Quarter City Council Goal Update City Bengtson J, Exec Bengtson Management Asst to City Mgr Total Time: 175 of 180 minutes have been scheduled I II 394 07/26/2011 Carol Krager AAA Business Meeting II 583 07/26/2011 Greer ACCSTUDY 10 Minutes - Executive Session on Real Property Public Works Koellermeier D, Gaston Transactions - Park Acquisition Properties Public Works Dir 585 07/26/2011 Cathy ACCSTUDY 15 Minutes - Executive Session - Discussion on Real Property 06/28/2011 Wheatley Negotiations Total Time: 25 of 45 minutes have been scheduled 498 07/26/2011 Steve Martin ACONSENT Consent Item - Approve the Park and Recreation Board Public Works Newton L, Asst Advisory Board Bylaws City Manager 557 07/26/2011 Judith Gray ACONSENT Consent Item - Resolution Adopting Principles of Cooperation Community Hartnett S, Asst and Collaboration between City of Tigard and Oregon Development CD Director Department of Transportation II 1 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 7/1/2011 3:08 PM 481 07/26/2011 Duane CCBSNS 30 Minutes - Public Hearing to Accept Trail System Master Plan, Community Roberts D, Project Roberts Adopt Minor Policy and Regulatory Changes, and Adopt a Development Planner Project Priorities List 567 07/26/2011 Kent CCBSNS 30 Minutes - Discuss Strategies for Communicating Tigard's City Management Wyatt Federal Legislative Priorities if Total Time: 60 of 110 minutes have been scheduled r_ -.__ - - -._ __ _ II 395 08/09/2011 Carol AAA Business Meeting Krager L II 560 08/09/2011 Sean ACCSTUDY 30 Minutes - CCDA /CCAC Real Estate Discussion Community Farrelly 5, Redev I Farrelly Development Project Manager IITotal Time: 30 of 45 minutes have been scheduled 463 08/09/2011 Ted Kyle CCBSNS 15 Minutes - CIP Update - Projects in design Public Works Kyle T, City Engineer 526 08/09/2011 Kent CCBSNS 15 Minutes - Review of 2011 Oregon Legislative Session and Administrative 06/08/2011 Wyatt Analysis of Adopted Legislation Supporting City Council's Services Priorities 533 08/09/2011 Susan CCBSNS 30 Minutes - Public Hearing to Consider Tigard Municipal Code Community Hartnett S, Asst CD I Hartnett Amendments on Administrative Rule- making Development Director Total Time: 60 of 110 minutes have been scheduled F-- _ _. HI 396 08/16/2011 Carol AAA (Workshop Meeting - MEETING CANCELLED I Krager I II I __II 2 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 7/1/2011 3:08 PM 398 08/23/2011 Carol AAA Business Meeting Krager L. II 514 08/23/2011 John ACCSTUDY 10 Minutes - Discuss Amendments to TMC Chapter 12, Water Public Works Gaston G, Conf I Goodrich and Sewer Executive Asst 531 08/23/2011 Susan ACCSTUDY 20 Minutes - Discuss Code Compliance Related Municipal Code Community Hartnett S, Asst CD I Hartnett Amendments Development Director 584 08/23/2011 reer ACCSTUDY 10 Minutes - Executive Session on Real Property Transactions - Public Works Koellermeier D, (Gaston Park Acquisition Properties Public Works Dir Total Time: 40 of 45 minutes have been scheduled I — — it 527 08/23/2011 Ron Bunch CCBSNS 60 Minutes - River Terrace Annexation Public Hearing Community Caines C, Assoc I Development Planner (Total Time: 60 of 110 minutes have been scheduled I II 39909/13/2011 C. Krager 'AAA (Business Meeting F II 554 09/13/2011 Kent ACCSTUDY 15 Minutes - Review and Discuss Topic Areas for 2011 City Management 06/17/2011 Wyatt Community Attitudes Survey 587 09/13/2011 udith ACCSTUDY 25 Minutes - Review and Discuss Project Charter for SW Community Frykland, C, Sr. Gray Corridor Plan Development Admin. Specialist. I 'Total Time: 40 of 45 minutes have been scheduled II 222 09/13/2011 Susan CCBSNS 45 Minutes - Public Hearing - Amend the Tigard Municipal Code Community Hartnett S, Asst CD Hartnett Abatement Regulations Related to Code Compliance and Amend Development Director 2011 -12 Master Fee Schedule 357 09/13/2011 John CCBSNS 15 Minutes - Consider Amending Tigard Municipal Code Chapter Public Works Goodrich 3, Utility I Goodrich 12, Water and Sewers Div Manager 588 09/13/2011 John Floyd CCBSNS 60 Minutes - Public Hearing - Pivot Bridge Appeal (Placeholder) Community Frykland, C, Sr. I Development Admin. Specialist I II 3 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 7/1/2011 3:08 PM 400 09/20/2011 Carol AAA Meeting Krager 'Workshop I II 417 09/20/2011 Greer CCWKSHOP45 Minutes - Annual Joint Meeting with the Park and Recreation Public Works Martin S, Parks Gaston Advisory Board Manager 586 09/20/2011 Darren CCWKSHOP 20 Minutes - Update on the 2010 Census Data Release Community Hartnett S, Asst CD Wyss Development Director Total Time: 65 of 180 minutes have been scheduled L I I 401 09/27/2011 Carol AAA Business Meeting Krager 4 AIS -523 Item #: 4. Business Meeting Date: 07/12/2011 Length (in minutes): 5 Minutes Agenda Title: Quasi - Judicial Public Hearing: Comprehensive Plan Amendment, Sensitive Lands Reviews and Adjustment to Extend Wall St. to Fields Property Submitted By: Cheryl Caines Community Development Item Type: Resolution Meeting Type: Council Business Meeting - Main ISSUE The applicant for the Fields Wall Street extension has requested a continuance of the July 12, 2011 hearing until September 13, 2011. Consider the Planning Commission's recommendation to deny a proposed Comprehensive Plan Amendment, Sensitive Lands Reviews, and an Adjustment to extend Wall Street across Fanno Creek to the Fred Fields property that lies east of the library and southwest of the railroad tracks. The applicant (Fred Fields) has proposed an extension of Wall Street across Fanno Creek. To construct the improvements requires: 1) a Comprehensive Plan Amendment to remove the Goal 5 protection from Tigard Significant Wetlands found on the site; 2) two Sensitive Lands Reviews for work within the floodplain and wetlands (fill and bridge /road construction); and 3) an Adjustment to the street standards in order to construct a narrower street section than required by code. The proposed narrower section eliminates planter strips /street trees and is proposed for the bridge portion of the road extension. STAFF RECOMMENDATION / ACTION REQUEST The Planning Commission recommends the City Council deny all four application requests (Comprehensive Plan Amendment, Sensitive Lands Review - wetlands, Sensitive Lands Review - floodplain, and Adjustment) based on its findings and pursuant to the staff report and subsequent addendum contained in the record. KEY FACTS AND INFORMATION SUMMARY The applicant is requesting a Type IV Comprehensive Plan Map Amendment to remove Goal 5 protection from Tigard Significant Wetlands and surrounding riparian corridor in order to extend Wall Street across City of Tigard property and Fanno Creek. The extension of Wall Street is proposed to provide access to the applicant's property that lies west of the railroad tracks. This property is not currently served by a public street or improved access. A Type III Sensitive Lands Review is required for proposed work within the 100 -year floodplain/floodway and Type II Sensitive Lands Review for the wetlands. The applicant is requesting a Type II adjustment to the street improvement standards in order to construct a narrower street section than required by code. This Adjustment would apply only to the bridge portion of the street. Because the sensitive lands and adjustment were requested in conjunction with the Comp Plan Amendment, each review follows the Type IV review process. Two public hearings were held on August 16, 2010 and October 18, 2010 with the Tigard Planning Commission. Testimony was taken at both hearings. After deliberations, the Commission voted 7 -0 to recommend that City Council deny all four applications. The Commissioners stated that the applicant had not provided evidence or enough detailed information to approve this proposal. The Commission's findings and recommendation are included in an attached memo to City Council (Attachment 1 - Exhibit A), along with a brief application history, list of key findings from the staff report, and a list of items included in the attachments. This item was originally scheduled for December 14, 2010. On December 9, 2010 the applicant requested in writing that the hearing be continued until February 22, 2011. The public hearing was opened on December 14th and immediately continued to the February 22nd date as requested. The applicant requested a second continuance to May 24, 2011. Again the public hearing was opened on February 22nd and continued until May 24th. A third written request continued the hearing to July 12, 2011 to pursue a second application for the bridge known as the "Pivot Road" application. The applicant has received approval with conditions from the Hearing's Officer for the Pivot Road application. The applicant has now requested again to continue the public hearing for this application until September 13, 2011 to accommodate possible appeals of the Pivot Road application. The continuance request is attached (Attachment 1). While this number of continuances is not typical, the code does not speak to the number or time limit on continuances of actions being processed as Type IV applications. However, the applicant has indicated that the continuances are to allow adequate time for the Pivot Road application to be decided. Once that occurs, hearings will either proceed for this application, or the application will be withdrawn. OTHER ALTERNATIVES If the City Council does not accept the Planning Commission's recommendation to deny, then the application could be: 1) Approved - The City Council may find that the applicant has satisfied the applicable review criteria and met the burden of proof necessary to approve the request. or 2) Approved with Conditions - The City Council may find that the applicant can satisfy the applicable review criteria if certain non - discretionary items are conditioned to be submitted to the record. Both alternatives would require that findings be developed to support the decision. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The City has an on -going obligation to establish transportation priorities to be consistent with current circumstances and anticipated trends. The 2002 Tigard Transportation System Plan (TSP), which was in effect at the time this application was made, shows an east -west, Hall to Hunziker connection via Wall Street. This connection is shown to extend across the Fields property and the abutting Portland Western Railroad right -of -way. However implementation of the Hall - Hunziker connection is not guaranteed by its being identified in the 2002 TSP. DATES OF PREVIOUS COUNCIL CONSIDERATION Per the applicant's request, this is a continuance of the hearing scheduled for July 12, 2011. Previous continuance dates are December 14, 2010, February 22, 2011, and May 24, 2011. Fiscal Impact Cost: Unknown Budgeted (yes or no): yes /no Where Budgeted (department/program): Comm Dev/Pub Works Additional Fiscal Notes: If the request is denied: the applicant may appeal the decision. If appealed, there will be staff time dedicated to the case and attorney costs to defend the decision. While the staff time is budgeted, use of the time for the appeal will detract from other tasks and priorities. If the request is approved: Wall Street is a public street. Once the street and bridge are constructed, the maintenance and repairs would be the City's responsibility. The cost is unknown at this time. Attachments Attachment 1 - Request for Continuance Letter 0 PORTLAND, OREGON 3400 U.S. Bancorp', SEATTLE, WASHINGTON 111 S.W. Fifth A VANCOUVER, WASHINGTON Portland, Oregon 97204 MILLER NASH--P CENTRAL OREGON OFFICE 503.224 ATTORNEYS AT LAW WWW.MILLERNASH.COM FAX 503.224 Philip E. Grillo July 12, 2011 phil.grillo @millernash.com Item 4 - Attachment 1 (503) 205-2311 direct line • July 1, 2011 • • BY FIRST -CLASS MAIL AND ELECTRONIC MAIL Ms. Cheryl Caines Associate Planner City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97223 • Subject: Fields: Wall Street Extension (CPA 2009 - 00004, SLR 2009 - 00004, SLR 2009 - 00005, VAR 2010 - 00002) Dear Cheryl: I am writing on behalf of the applicant to request that the City Council hearing in the above - captioned matter be continued to September 13. The purpose of this continuance request is to allow the Hearings Officer to make a decision on the Pivot Road option before the city takes further action on the original alignment. Very truly yours, Phillip E. rillo cc: Mr. Fred Fields • PDXDOCS:1936429.1 196080 -0005 1 AIS -564 Item #: 5. Business Meeting Date: 07/12/2011 Length (in minutes): 30 Minutes Agenda Title: Update on Tigard Triangle District Plan Submitted By: Susan Hartnett Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Staff and consultants will provide an update on recent planning activities related to development of a Tigard Triangle District Plan. STAFF RECOMMENDATION / ACTION REQUEST Receive information and provide feedback. KEY FACTS AND INFORMATION SUMMARY The Planning Commission 2011 Goals include: 1. Support achievement of City Council Goal 1- Implement the Comprehensive Plan: b) Focus on the Tigard Triangle: • Undertake a visioning workshop that builds on the Triangle's High Capacity Transit (HCT) Land Use Plan station area locations and typologies (3rd Quarter 2011) • Help define /refine the project scope for a Tigard Triangle Master Plan (2nd Quarter 2012) As part of their work to achieve these outcomes, on June 6, 2011, the Commission received an update on the the potential HCT Tigard Triangle station locations and the possible alternative land use patterns that emerged from the HCT Design Workshop held in late May. Members of the HCT team, including city staff and consultants, provided an overview of the typology used in the Design Workshop and the preliminary land use alternatives. Following this, the Commission members engaged in small group discussion of these alternatives with the consultants who are providing urban design services for the visioning exercise and provided feedback on them. In his role as Council Liaison to the Planning Commission, Councilor Woodard attended this Commission meeting and subsequently asked staff to provide the full Council with an overview of the same material provided to the Planning Commission along with a summary of the Commission's discussion. At the July 12, 2011 Council meeting, staff and project consultants will provide that overview. OTHER ALTERNATIVES NA COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Council Goal 1:Implement the Comprehensive Plan a. Show substantial progress on new Tigard Triangle Master Plan DATES OF PREVIOUS COUNCIL CONSIDERATION NA Attachments Power Point July 12, 2011 Item 5 - Attachment 1 C I T Y O F T I G A R D Respect and Care I Do the Right Thing I Get it Done 11 I TIGARD HCT Land Use Plan Locations & Typologies Prepared by: Judith Gray, City of Tigard Marcy Mclnelly, Urbsworks City Council I July 2011 7/5/2011 Location Selection C I T Y CIF T I G A R Il Study Area 7iir ,. ... SW Corridor connects „ _ Portland to Sherwood via Tigard "– HCT Land Use Plan HCT Land Use Plan study area Locations & Typologies includes all of Tigard —_ Scope of work calls for 6 to 10 potential station –.- community locations .o..a. _ .: ; 1 to 3 concept alternatives – Is, city or,a.a cnu.1.. I 1.„011 for each location . Location Selection Location Selection Project Objectives Evaluation Criteria 1 Community 44 - Community Assets "( i Economy / Transportation y+ I Development Potential !,P's r ■ Environment Transit Ridership Equity Fiscal Stewardship Transit Location Factors ,. I -1 , '; , Lib M'� _.SAO Location Selection Location Selection Phase 1 ` Design Workshop Sketch level review IN INDEX tool ,) • i - 10 Agency Interviews Applied typologies +3 a aaw Phase 2 \/ New connections Quantitative evaluation r �:'� _ Applying metrics to the criteria �o Next Steps ` r. r FAR, ou/Acre, - - Alternatives analysis +� - ?,.. Select preferred alternative - 7 Potential Locations Final Location Selection Alternatives Analysis 1 7/5/2011 , k..4. -4-s..1 ,... -.:,,: ..' .7,... .., ..-:,-;, ,„ii*L • 1 ■1101•■••g■ 1....laiew. ., f......................a. .....................11. c..........4.........s A Si :it ,o + C., IP', NI' ( 4, Int Tigard oh........... 0... I... Typology: A framework for describing the character of different ::, tepee 7 7. 4 , • •• 1 n • Ti till .,.. tali For comparing and contrasting the charactedstics of good places Empbyrnent / Transit Arden Destination Nerghbodmod Four Station Community Types Aspirational—what could be t ,-, ,,,,,. ,,, ^AIVZOSCr70r. ''..“.". rugen. to Metro 2040 Plan, State fin Centers, Station Communfty "Five re and Stakeholder interAews introduction Typology Comparisons '0•1'"I"' ..........s.t ..„.7.....:=7..-- :„-_,..--......... .....--....... .....-- ..... .7 ' .:. ..... I ' " 't 4 liFil .......--...... ...........- ..............-... -................ ... ..............-. ............—..... ..................... Employment / Retell Destination • , emit( . Neughborbood ....m........... 1.00 ... O,33 • 0. 0.40 MP. 0.50 i ==.......... ,........:=1:::.!= 4. ..W7.=.4:..... ........7=p '.."'” '' .../... 24 A 10 mon. 22 I ........ . . .... .. ...1.....n- 40 ..0..” 50 ,,,,,,,,,, .”. 15 . . , , ■■... .■... , ,, , Inrs........ W.I r ex I t I.o.W.*. ■ . . . . .... 11111 IIII 11111 .* . . . ..- fi .. ..... ' .7 . 1717 1. 1 1111 11 I . a ,, a . , •.: pg ... a • •• .4 .. •• .. ....„ „ ...... i I I 0., *el .1 I . A eifib"P 1‘1111‘..„ 111P i 0 . ........... __ ,.... .1/1.11.10. Com....14.1/11110 Co....m Am* ........ ,. , SP f I ) ....mance ............ -- Index "paints" index " s" 2 7/5/2011 Av." gl ''''''' i I _ h - -.id " . � � town cente / main street town center / main street p 1 \--, 4 _, ,,...., TN ii .. f M _ tit !m i krl J 3 7/5/2011 P..,, , � y . .,.. lig - 1 e p t �M' i A 7 a F e / retail d & 4 /1 Y- '.. • ' A I to l',1 _. S R I ,. ar 1' r_ ;� ! fi r ' 7C'1- employment / retail destination , , ; 1 n * I i - ' 1 . - .. .:. • ) ..: , - t • - A.; • --t III I, a t i,a :, z + � 111 � 4 7/5/2011 I . r, Ir p ,4"lighik. ..,,,,,,,. transit corrTdor neighborhood` -' - _a�:. -: o. tea:. f � - — :m -- _ :�, transit corridor neighborhood 1 r / - ten,... e ° i _ . III —� NA ( 1 t . If - �:ww..-r.rw O. � �� m� � � i r 5 7/5/2011 -' v A `ia 1 S 'S " i`o kYd Alit J d" ' ; : ' Li Illi--* iciRhMxhwl =ter= transit unityghborhood sta i � r — Asti k a' 0 . 1 " 'llirak.isadis, C_ transit neighborhood station '� y i community -� «'' 4•44,,, : - . : : 7 ti i ;: iiiii ' 4 ' : ae „ - 3¢ + w k4 �. : , f ' , I IIIII Y ,Y� I . 3.. � ' ;'( 6 7/5/2011 brftoit= rt.= \\ 4 + 7 AIS -562 Item #: 6. Business Meeting Date: 07/12/2011 Length (in minutes): 60 Minutes Agenda Title: Discuss Urban Forest Program Submitted By: Todd Prager Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Staff requests a two part discussion with the City Council to: 1. Receive additional direction to inform staff and the Tree Board's ongoing work on developing a sustainable tree and urban forest enhancement program proposal; and, 2. Receive more specific direction on FY2012 tree canopy replacement projects that are consistent with council's overall program direction. STAFF RECOMMENDATION / ACTION REQUEST Provide direction on a sustainable tree and urban forest enhancement program and on specific tree canopy replacement projects for FY 2011 - 2012. KEY FACTS AND INFORMATION SUMMARY Staff and the Tree Board were directed by council in December 2010 to develop a sustainable tree and urban forest enhancement proposal and have been working on this project over the past several months. Staff has also been working on developing a list of tree canopy replacement projects for council approval. Attachment 1 - Memo provides details on both topics and specifically includes background and discussion of the Urban Forest Program, and project details for the proposed FY 2012 Capital Improvement Plan tree planting projects. Attachment 2 - Exhibit A provides supplemental background information on the value of the urban forest and was presented to support Council's adoption of the Comprehensive Plan Urban Forest Goals, Policies and Action Items. Staff requests that Council review the information contained in the memo's tables pertaining to the Urban Forestry Program and Tree Canopy Replacement Projects. The tables summarize issues and considerations which staff desires Council's input on. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS • Council Goal 1: Implement the Comprehensive Plan - Update the Tree Code • Comprehensive Plan Goal 2: Urban Forest Section • Tigard Urban Forestry Master Plan • Tigard Capital Improvement Plan DATES OF PREVIOUS COUNCIL CONSIDERATION • June 3, 2008 - Council adoption of the Urban Forest Section of the Comprehensive Plan • November 10, 2009 - Council acceptance of the Urban Forestry Master Plan • December 21, 2010 - Council direction to Tree Board to develop a sustainable tree and urban forest enhancement program • June 14, 2011 - Council adoption of the Tree Canopy Replacement Program in the FY12 -16 Capital Improvement Plan • June 14, 2011 - Council adoption of a limited set of tree planting projects for FY12 and request to discuss potential additional projects for FY12 and beyond Fiscal Impact Cost: $150,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Urban Forestry Fund - CIP Additional Fiscal Notes: Funding for the Tree Canopy Replacement Program is included in the Adopted FY 2012 Budget and Adopted FY 2012 -2016 Capital Improvement Program. Direction is sought on how this budgeted appropriation will be utilized. Attachments Memo to Council Exhibit A - Annotated Urban Forest Bibliography " City of Tigard July 12, 2011 Item 6 - Attachment 1 TIGARD Memorandum To: Mayor and City Council From: Cheryl Gaines, Associate Planner and Todd Prager, Associate Planner /Arborist Re: Urban Forest Program Date: June 17, 2011 Introduction In 2008, council adopted the Urban Forest section of the Comprehensive Plan which established broad, 20 year goals and policies for the city's urban forestry program. The Comprehensive Plan directed the development of the Urban Forestry Master Plan in 2009 which expanded upon the Comprehensive Plan goals and policies and studied the issues in much greater detail. Among the action items in the Urban Forestry Master Plan are to develop a sustainable tree and urban forest enhancement program and to increase citywide tree canopy from 25% currently to 40% in the long term. Staff and the Tree Board were directed by council in December 2010 to develop a sustainable tree and urban forest enhancement proposal and have been working on this project over the past several months. Staff has also been working on developing a list of tree canopy replacement projects consistent with the Comprehensive Plan, Urban Forestry Master Plan, and Capital Improvement Plan. Staff requests a two part discussion with council to: 1. Receive additional direction to inform staff and the Tree Board's ongoing work on developing a sustainable tree and urban forest enhancement program proposal; and, 2. Receive more specific direction on FY12 tree planting projects that are consistent with council's overall program direction. Background The urban forest is the backbone of the city's green infrastructure and can provide tangible economic and ecological benefits for the community. For example: • One tree can add an average of over $8,000 to the sales price of a home which increases the city's tax base; • One tree can intercept over 400 gallons of stormwater a year which reduces the city's stormwater management costs; • One tree can remove over 250 pounds of carbon a year which helps combat climate change; • And one tree can remove two pounds of air pollution such as ozone and particulate matter per year which helps the region meet air quality standards. Exhibit A includes the annotated bibliography of research findings on urban forest benefits that were used to support the adoption of the Urban Forest section of the Comprehensive Plan. In order to maximize benefits and minimize costs, proper management of the urban forest is essential for the city's green infrastructure just as managing roads is essential for the city's transportation infrastructure. The discussion section below includes additional information to assist council in making management decisions for the urban forest component of the city's green infrastructure. Discussion Part 1 - Urban Forest Program The main components of the urban forest program include: • Tree Planting /Forest Restoration; • Tree /Forest Preservation; • Tree /Forest Maintenance; • Urban Forest Program Planning /Enforcement; and • Urban Forest Education and Outreach The table below briefly summarizes the historical implementation of these program components and the emerging /desired implementation. As shown in the table, there is a desire to continue as well as expand beyond these current practices. These expanded practices have come out of discussions with staff, the Tigard Tree Board, and other members of the public. In order to implement these practices in the future, the Tree Board is currently researching sustainable funding and reviewing possible modifications to their charge. Recommendations from the Tree Board will be presented to City Council in early 2012. Urban Forestry Program Historical Implementation Emerging /Desired Implementation Component Tree Planting /Forest - Primarily tree planting /forest -Even mix of tree planting in Restoration restoration in city owned neighborhoods and forest restoration in natural areas natural areas - Desire increased planting on private property - Desire matching soil volume requirements and other conditions that support long term tree growth Tree /Forest Preservation - Regulatory protections - Continue regulatory protections through through development code development code - Enhance regulatory incentives in development code - Desire financial incentives for forest preservation through purchase and /or easement acquisition with development Tree /Forest Maintenance - Limited to early - Continues to be limited primarily to early establishment with no establishment with no funding for long funding for long term term maintenance maintenance - Continue planting on non -city owned property so the city is not responsible for long term maintenance - Desire some funding for long term maintenance in high profile locations such as Pacific Highway and city collector /arterial roadways Urban Forest Program - Limited data for program - Increasing data for program planning Planning /Enforcement planning including canopy and GIS based inventory - Community dissatisfaction - Desire more detailed data for program with rigid /punitive code planning including species /diversity provisions specific inventory - Inconsistent enforcement of - Emerging code to be more flexible and code provisions by multiple incentive based staff and departments - Emerging code to be more consistently enforced through consolidation of provisions and implementation procedures Urban Forest Education - Significant education and - Continue significant education and and Outreach outreach by city staff outreach by city staff - Desire increased education and outreach by Tree Board Part 2 - Tree Canopy Replacement Projects On June 14, 2011, council considered a list of Tree Canopy Replacement Projects to be implemented as part of the FY12 Capital Improvement Plan. Council requested a more detailed discussion of the project list to ensure consistency with council direction on the overall urban forest program. The proposed projects for council consideration are: • Annual free street tree program; • Street tree planting on city collectors and arterials; • Tigard High School; • Pacific Highway median from Durham to Bull Mountain Road; • Pacific Highway /217 Interchange; and • 72nd Avenue /217 Interchange. The table below summarizes considerations for each of the projects: Project _ Considerations Annual free street tree -Street trees create a "sense of place ", and provide maximum economic and program ecological benefits - Community expectations for annual program - Education and outreach component of working with citizens one on one -Long term maintenance responsibility by private owners Street tree planting on -Street trees create a "sense of place ", and provide maximum economic and collectors and arterials ecological benefits - Opportunity to transform the look of high volume streets and add significant tree canopy - Long term maintenance possibly through street maintenance fee -Need to clarify division of labor and funding between departments Tigard High School - Continues partnership with school district to transform large institutional properties and add significant tree canopy - Education and outreach component for youth particularly when combining planting with Arbor Day events -Long term maintenance by school district Pacific Highway median -Street trees create a "sense of place ", and provide maximum economic and from Durham to Bull ecological benefits Mountain Road - Opportunity to transform a major roadway through Tigard and add significant tree canopy - ODOT controls the right of way and thus has authority over the final design - ODOT design objectives are often different than city design objectives -Clean Water Services has received a grant to enhance the median as a water quality facility with vegetation in addition to trees. City funding commitment to the project may be significantly reduced as a result. -Long term maintenance funding and agreements not yet in place - Although high capacity transit is anticipated through the corridor, the final alignment is still highly uncertain. Improvement of the corridor in the short term will enhance the area and require mitigation of any future conflicts. Pacific Highway /217 - Opportunity to influence a regional perspective of Tigard and add Interchange significant tree canopy -ODOT controls the right of way and thus has authority over the final design - ODOT design objectives are often different than city design objectives - Long term maintenance funding and agreements not yet in place 72nd Avenue /217 - Opportunity to influence a regional perspective of Tigard and add Interchange significant tree canopy - ODOT controls the right of way and thus has authority over the final design - ODOT design objectives are often different than city design objectives -Long term maintenance funding and agreements not yet in place EXHIBIT A — ANNOTATED BIBLIOGRAPHY USED TO SUPPORT THE ADOPTION OF THE URBAN FOREST SECTION OF THE COMPREHENSIVE PLAN (CPA2008- 00002) July 12, 2011 " City of Tigard Item 6 - Attachment 2 T I G A R D Memorandum To: City Council From: Tim Lehrbach, Planning Assistant Re: Urban Forestry Annotated Bibliography Date: May 17, 2010 Community Development staff has assembled the attached bibliography to document the diverse range of benefits and services provided by a healthy urban forest. The scholarly works cited have been compiled to inform and support the adoption of the Urban Forestry Comprehensive Plan Amendment (CPA2008- 00002). Where the authors have made abstracts of their works available, these existing abstracts are included and are denoted by an asterisk ( *). For each of the other works, staff has composed an abstract. Attachment: Annotated Bibliography Annotated Bibliography Center for Urban Forest Research. (2003). Is All Your Rain Going Down the Drain? USDA Forest Service, Pacific Southwest Research Station. 4 p. Urban trees can be a significant asset for the reduction of stormwater runoff by retaining rainwater and slowing soil erosion. An urban forest of 10,000 trees will reduce runoff by 10 million gallons or more of water each year. Large- crowned trees which are in -leaf coinciding with the most precipitous season, or are evergreens, provide the greatest benefit. Center for Urban Forest Research. (2006). Why Shade Streets? The Unexpected Benefit. USDA Forest Service, Pacific Southwest Research Station. 4 p. This report presents research on the benefits of street trees for mad maintenance in California's Central Valley. Evaporation at high temperatures of the binder in asphalt increases the instance of large cracks in pavement over time. Streets that are shaded by trees are less susceptible to this effect and require less frequent maintenance. Shading streets can save between 17% (when small trees are used) and 58% (when large trees are used) on resu and repair costs versus unshaded streets. Effectiveness is highest when large, deep -rooted trees are selected, adequate soil volume it maintained and trees are placed at least three feet from any pavement. Donovan, G.H., & Butry, D. (2010). "Trees in the City: Valuing Street Trees in Portland, Oregon." Landscape and Urban Planning 94(2), 77 - 83. *Donovan and Butry use a hedonic price model to simultaneousy estimate the effects of street trees on the sales price and the time -on- market (TOM) of houses in Portland Oregon. On average, street trees add 88,870 to sales price and reduce TOM by 1.7 days In addition, the authors found that the benefits of street trees spill over to neighboring houses. Because the provision and maintenance of street trees in Portland is the responsibility of adjacent proper0 owners, their results suggest that if the provision of street trees is left solely to homeowners, then there will be too few street trees from a societal perpective. Geiger, Jim. (2004). The Large Tree Argument: The Case for Large Trees vs. Small Trees. Center for Urban Forest Research, USDA Forest Service, Southern Center for Urban Forestry Research & Information. 8 p. Planting and maintaining as many large - stature trees as possible is economically and environmentally preferable over the long run to planting and maintaining small - stature trees. The article cites a comparison study of costs and benefits for different plans for municipal tree planting and maintenance and provides suggestions for marketing large - stature trees to communities. McPherson, E.G., Maco, S.E., Simpson, J.R., Peper, P J., Xiao, Q., VanDerZanden, A.M., & Bell, N. (2002). Western Washington and Oregon Community Tree Guide: Benefits, Costs and Strategic Planting. Center for Urban Forest Research, USDA Forest Service, Pacific Southwest Research Station, pp. 5- 12,17 -22. Decisions about investments in community trees depend on correctly calculating the costs and benefits of planting and maintaining trees in community spaces:: yards, parks, and street locations. The Tree Guide describes studies calculating the economic benefits of trees to energy conservation, air cooling, pollutant and runoff reduction, street 1 shading, and land value, as well as studies calculating the costs of planting, pruning, and removing trees, irrigation, pest and disease control, infrastructure repair, cleanup, liability, and administration. Net benefits or costs are calculated by weighing the benefits versus costs at four different scales— parcel, neighborhood, community, and global—then summing the results. The summed results reveal net benefits exceeding net costs for all large trees, all medium residential trees, and all small trees opposite west facing walls. McPherson, E. G., & Muchnick, J. (2005). "Effects of Street Tree Shade on Asphalt Concrete Pavement Performance." Arboriculture & Urban Forestry 31(6), 303 -310. *Forty-eight street segments were paired into 24 high and low-shade pairs in Modesto, California, U.S. Field data were collected to calculate a Pavement Condition Index (PCI) and Tree Shade Index (TSI) for each segment. Statistical analyses found that greater PCI was associated with greater TSI, indicating that tree shade was partially responsible for reduced pavement fatigue cracking, rutting, shoving, and other distress. Using observed relations between PCI and TSI, an unshaded street segment required 6 slurry seals over 30 years, while an identical one planted with 12 crape myrtles (L.agerstroemia indica, 4.4 m [14 ft] crown diameter) required 5 slurry seals, and one with 6 Chinese hackberry (Celtis sinensis, 13.7 m [45 ft] crown diameter) required 2.5 slurry seals. Shade from the large hackberries was projected to save $7.131 m2 ($0.66/ft2) over the 30 year period compared to the unshaded street. McPherson, E.G., Simpson, J.R., Peper, P.J., Maco, S.E., & Xiao, Q.(2005). "Municipal Forest Benefits and Costs in Five US Cities." Journal of Forestg, 103(8), 411 -416. *Increasingly, city trees are viewed as a best management practice to control stormwater, an urban - heat - island mitigation measure for cleaner air, a CO2- reduction option to offset emissions, and an alternative to costly new electric power plants. Measuring benefits that accrue from the community forest is the first step to altering forest structure in ways that will enhance future benefits. This article describes the structure, function, and value of street and park tree populations in Fort Collins, Colorado; Cheyenne, WWyoming, Bismarck, North Dakota; Berkeley, California; and Glendale, Arizona. Although these cities spent $13— 65 annually per tree, benefits ranged from $31 to $89 per tree. For every dollar invested in management, benefits returned annually ranged from $1.37 to $3.09. Strategies each city can take to increase net benefits are presented Nowak, David J. The Effects of Urban Trees on Air Quality. USDA Forest Service, Northeastern Research Station. 4 p. Urban vegetation directly and indirectly alters local and regional air quality in four principal ways Urban vegetation can reduce air temperature and effect other changes in local meteorology. Trees remove pollutants from the atmosphere both temporarily by intercepting airborne particles and permanently through leaf uptake. Trees emit volatile organic compounds (VOCs) and may result in the emission of additional VOCs from tree maintenance, yet can reduce overall VOC emissions by lowering air temperatures and absorbing evaporative emissions. Appropriately placed, mature trees reduce building energy use, while improperly sited trees may increase building energy use. The combined effects suggest that urban forest management strategies should promote planting and sustaining large, long -lived and low - maintenance trees in energy- conserving and pollution - reducing locations. Sullivan, W.C., Kuo, F.E., & DePooter, S.F. (2004). "The Fruit of Urban Nature: Vital Neighborhood Spaces." Environment and Behavior 36(5) 678 -700. *What makes a neighborhood space vital? This article explores the possibility that the presence of trees and grass 2 may be one of the key components of vital neighborhood spaces. The authors report on 758 observations of individuals in 59 outdoor common spaces in a residential development. Twenty -seven of the neighborhood common spaces were relatively green, whereas 32 were relatively barren. Results indicate that the presence of trees and grass is related to the use of outdoor spaces, the amount of social activity that takes place within them, and the proportion of social to nonsocial activities thy support. The findings improve and broaden our understanding of the physical characteristics that influence social contact among neighbors and provide evidence that nature plays an important role in creating vital neighborhood spaces. Wolf, Kathleen L. (2007). "City Trees and Property Values." Arborist News 16(4), 34 -36. All forms of urban nature — parks, greenbelts, open space, street trees, etc. —are public goods which provide a range of benefits and services to society. For polig and investment decisions, whether public or private, economic valuation is paramount. Economic decision- making centered on productive use and hard cost can obscure incentives to invest in urban nature. The benefits of urban nature can be represented economicaly using hedonic pricing and nonmarket valuation. Utilizing these methods can yield evidence in favor of investment in urban nature by revealing nonexdudable benefits for all members within a community and added value to properties with trees. Wolf, Kathleen L. (2005). "Civic Nature Valuation: Assessments of Human Functioning and Well- Being in Cities." Forging Solutions: Applying Ecological Economics to Current Problems, Proceedings of the 3i Biennial Conference of the U.S. Society for Ecological Economics. Tacoma, WA: Earth Economics. 6 p. *Civic nature is the collective "constructed nature" of cities and can include parks, open spaces and urban forests, on public or private lands. The existence and guali y of civic nature is dependent on comprehensive planning and management. Civic nature advocates are called upon to justafi the public costs of amenities that are often perceived as having only aesthetic value. Urban nature provides multiple valuable services, and economic valuation of such services has been initiated Valuation of the human services provided by urban trees and open space — physical health, mental health and functioning, community health and safety - is another opportuniy for research and dialog about nature -based pub licgood. Wolf, Kathleen L. (1998). Human Dimensions of the Urban Forest, Fact Sheet 1 - Urban Nature Benefits: Psycho - Social Dimensions of People and Plants. Center for Urban Horticulture, University of Washington, College of Forest Resources. 2 p. Urban trees are associated with various positive effects on everyday moods, activities, and emotional health. Exposure to nature helps us recover from cognitive fatigue. Views of and proximity to nature in the workplace are correlated with greater enthusiasm and patience for work and increased satisfaction. Green views from the home may be associated with reduced domestic conflict. Well-tended landscapes reduce stress and fear of violence in neighborhoods, on the road, and at school. These and other examples add to the list of environmental reasons to grow more urban plants. Wolf, Kathleen L. (1998). Human Dimensions of the Urban Forest, Fact Sheet 2 - Growing with Green: Business Districts and the Urban Forest. Center for Urban Horticulture, University of Washington, College of Forest Resources. 2 p. The fact sheet presents a survey of percotions of urban trees among business interests including owners, contractors, realtors, and business association staff Trees present opportunities to maximize profits when thy create a positive mood and distinct visual identiy forpatrons to a business. Trees indicate attention to customer service outside the 3 walls of the business. Concerns about urban trees outside of businesses include reduced visibility for safety and security, engineering and debris impacts, and loss of functional space. Acknowledging these costs helps inform decisions on planting and maintaining the right trees in the right places. Wolf, Kathleen L. (1998). Human Dimensions of the Urban Forest, Fact Sheet 3 - Urban Forest Values: Economic Benefits of Trees in Cities. Center for Urban Horticulture, University of Washington, College of Forest Resources. 2 p. The fact sheet introduces a selection of economic benefits of urban trees. Strategic planting and care enhances the urban infrastructure by reducing heating and cooling costs, cleansing the air, and improving water quality. Trees and landscaping attract customers to retail and commercial environments and are associated with higher commercial land values and higher commercial occupancy rates. Residential proper y values, too, are increased by planting and retaining trees. Wolf, Kathleen L. (2003). "Social Aspects of Urban Forestry: Public Response to the Urban Forest in Inner -City Business Districts." Journal of Arboriculture, 29(3), 117-126. *Revitalization programs are under way in many inner -city business districts. An urban forestry program can be an important element in creating an appealing consumer environment, yet it may not be considered a priority given that there are often many physical improvements needs. This research evaluated the role of trees in consumer / environment interactions, focusing on the districtwide public goods provided by the community forest. A national survey evaluated public perceptions, patronage behavior intentions, and product willingness to pay in relationship to varied presence of trees in retail streetscapes. Results suggest that consumer behavior is positively correlated with streetscape greening on all of these cognitive and behavioral dimensions. Research outcomes also establish a basis forpartnerships with business communities regarding urban forest planning and management. Wolf, Kathleen L. (2005). Trees Are Good for Business: Urban Forest Planning Guidelines for Business Associations. Presentation, Pacific Northwest Chapter of the International Society of Arboriculture. 12 p. This presentation summarizes the results of survys of business patrons and research in marketing and consumer behavior recommending that trees be utilized to create positive customer experiences. Trees are cues of caring and quality and are correlated with more frequent and longer visits to businesses, greater willingness to travel farther and pay forparking, and increased spending. Respondents to surveys preferred visiting sites with trees to those without trees, and positive reaction increased with tree size. Wolf; Kathleen L. (2005). "Trees in the Small City Retail Business District: Comparing Resident and Visitor Perceptions." Journal of Forestg 103(8), 390 -395. *Many small cities and towns are located near resource lands, and their central business districts serve both residents and visitors. Such quasi -rural retail centers face competitive challenges from regional shopping malls, online purchasing and big box discount retailers. District merchants must strategically enhance their market position to prevent outshopping. Streetscape trees are a physical improvement that can be used to attract and welcome consumers. A national survey evaluated public perceptions, patronage behavior intentions, and product willingness-to-pay in relationship to depictions of trees in retail settings. Results suggest that consumer behavior is positively associated with the urban forest on multiple cognitive and behavioral dimensions. Forest amenities of both wildland and built environments can be used to strengthen local economies. 4 Wolf, Kathleen L. (2004). Trees, Parking, and Green Law: Strategies for Sustainability. Stone Mountain, GA: Georgia Forestry Commission, Urban and Community Forestry, pp. 8 -14. A critical and frequently overlooked aspect of working toward sustainabilitygoals in communities is responding to the impact of paved areas, especially parking lots, on the natural environment. This report describes scientific research on the effects of parking lots and offers strategies for improving a community's environmental peormance with respect to automobile parking. Such strategies will address heat island effects, air quality, stormwater runoff and economic impacts. A multi faceted approach to mitigating the impact of paved parking areas will employ creative policy statements and innovative code language to promote vegetation planting, retention, and maintenance, restrict parking lot geometry, and emphasise smart design. 5