May 7, 1998

Council Chamber

Councilors Present: Jon Kvistad (Presiding Officer) Ruth McFarland, Susan McLain,

Patricia McCaig, Ed Washington, Lisa Naito, Don Morissette

Councilors Absent: None

Presiding Officer Kvistad convened the Regular Council Meeting at 2:06 p.m.

None.

introduced himself and continued his

commentary in favor of his LOTI alignment for a light rail system instead of the South

North alignment that Metro was contemplating.. He gave the Council 2 documents

including his reply to the city of Portland’s review of a presentation he had given for

them last August.

He read... “it is important for citizens regarding public capital investment to receive a

response,. Failing to adequately reply inform and/or assist citizens discourages alienates

and breeds distrust of planning agencies and dissatisfaction with the process and

outcomes....

He read another document, regarding the Oregonian printing 20 responses to the question

it asked regarding South North light rail. Four opposing, 7 opposing specific alignment

segments, 9 supporting. He stated that the Oregonian had distorted the truth about the

submissions containing overwhelming support of South North. He called for independent

investigation of submissions to check accuracy. He gave copies of his documents to the

Council.(A copies of both of these documents can be found with the permanent record of

this meeting.)

, CAPS, 888 SW 5th Avenue, Portland, OR, appeared on behalf of Citizens

for Accountability for Prison Sitings (CAPS) a newly formed organization against the

proposed Tualatin-Wilsonville alternative site for the women’s prison. He wanted to talk

about Metro’s role in accountability for the siting. He explained that his organization did

not want to foist the prison on any other neighborhood or community but they were very

opposed to the siting plan now. He detailed the zoning and said the siting was wrong for a

prison. He pointed out that the site was not in first tier Urban Reserve. He pointed out

that no input by citizens was planned into Metro’s expansion of Urban Reserve

Metro Council Meeting

May 7, 1998

Page 2

boundaries that were involved with the prison siting and he thought that would bring

problems because there was nothing in the record that this exceptional land would be

industrial use. Metro specifically found last year that expansion in the manner now being

considered would violate Metro’s RUGGOs. He asked Metro to review a schedule he

had. He also mentioned that Metro had said they would do an environmental plan for area

42.

, Mayor of Tualatin, said he would talk about prison siting philosophy instead

of other things he could have talked about. He brought up the concept of NIMBY and

said this was not the reasoning here. He said it was a quality of life matter that made him

against the prison at the Tualatin site. He said he would be against a prison in Tualatin or

anyplace else in any neighborhood site. He suggested letting the state supersite the

prisons. He said providing planning for land use for prisons in urban settings went against

the concept of urban form he felt the region was looking for. He strongly felt prisons

didn’t belong in communities.

excused himself from the meeting due to reactions to medication

taken for his allergic reaction the previous evening.

22765 SW Eno Place, Tualatin, OR 97062 said he moved to Tualatin from

Wisconsin because of the city’s schools, surroundings, and moral character. He explained

that he was within 1 mile of the proposed alternative prison site and was shocked that

such a siting was possible. He showed a videotape of a meeting in Tualatin with over

300 concerned residents in attendance. He said the videotape represented very well the

large number of people concerned about the alternate prison site being used. He read

from and wanted to ask a question of Council about something in the packet he received

from Margie Taylor at the Division of Corrections:

“421-628. Effective decision of correction facility siting authority notwithstanding ORS,

or any other provision of law, including but not limited to statutes ordinances,

regulations, and charter provisions, the decisions of the corrections facilities siting

authority, if approved by the governor, shall bind the site and all counties, cities and

political subdivisions in this state as to the approval of the sites and the construction and

operation of the proposed corrections facilities. Affected state agencies, counties, cities

and political subdivisions shall issue the appropriate permits, license and certificates and

enter into any intergovernmental agreements as necessary for construction and operation

of the facilities subject only to the conditions of the siting decisions.”

, CAPS President and Founder, 10365 SW Day Road, Sherwood,

OR 97140 said there was an incredible amount of support for CAPS in the month since it

had been formed. She said there was a lot of opposition to the alternative prison site. She

said the group was interested in the truth and read from Metro’s Resolution 98-2623A

which was to encourage the governor to consider the alternate location. She pointed out

that the background and analysis section of the staff report stated the proposed

Wilsonville industrial site was primarily zoned Rural-Industrial and located inside

Metro’s Urban Reserve area. She reminded the Council that several people had already

Metro Council Meeting

May 7, 1998

Page 3

discussed that this was not true and the area was definitely not industrial. She said it was

also not entirely within the Urban Reserve because there was a proposed legislative

amendment to bring it into the Urban Reserve. She said she did not see anywhere in the

siting process where the city affected could pick another piece of property and get DOC

and Metro to help bring it in and make it viable. She said the governor clearly stated in

his letter that the Dammasch site was a very good site and not inadequate for construction

and/or operation of the correctional facility.” She said she did not see how this made the

alternative site a “special need”.

9840 SW Lumbee Lane, Tualatin, OR, 97062 commented that the

Resolution 96-9623A and paraphrased “if the DOC selected this site Metro would try to

take steps to allow its use as a prison site consistent with Oregon land use laws.” She said

it had been explained to her that Chapter 3.01 of the Metro Code would outline Metro’s

approach to making decisions about this matter. She pointed out that Chapter 3.01 said

first tier Urban Reserve land would be brought into the reserve first. She said that 60

acres of this 103 acre alternative site were not only not in First Tier land but not within

the reserves at all. She also felt this was not “special need” because the governor and

DOC had already noted that other land already within the boundary was appropriate. She

summarized criteria in Chapter 3.01 and said it was clear that the intent of this Chapter

did not meet with the alternative site plan. She asked if Metro did not consider

themselves bound by the 421-648 and why Metro had decided to involve themselves in

the matter. She asked who was funding Metro in this matter and why had it not sought

input from affected communities.

, 22640 SW Miami Dr., Tualatin, OR 97062 appeared as a concerned

citizen and said she opposed the alternative siting and the way it was being pushed so

hard and fast to make it happen. She said she researched her new home when she moved

here from Seattle and was told the siting had already been done and approved so she

moved where she did. She said the alternative site was being mis-characterized and

misrepresented to the public. She reported that the Dammasch property was already

owned by DOC and cited the governor’s letter regarding the property. She noted costs

and problems of the alternative site. She asked why the process was being fast tracked

and asked in this was what Metro meant by livability.

, 22765 SW Eno Place, Tualatin, OR, 97062 spoke against the alternative

prison site. She said she became factually informed about the alternative site since she

found out it was being considered a month ago. She said the degree and extent of Metro’s

involvement in the alternative site matter was not right. She said the land in question was

outside Washington County’s Urban Growth Boundary. She brought Resolution 97-37,

passed in Washington County in 1997, which opposed siting outside the Washington

County UGB. Washington County had sent a letter to the governor opposing the plan.

She said Metro was accountable to all people concerned and not one group or city. The

governor’s directive was to consider the alternative site further. Ninety days was given to

refine analysis, not to amend UGBs. She asked the Council to review and research the

information they had for accuracy, consistency and equality. She said most important was

for Metro to study what, if any, role they should take in the process.

Metro Council Meeting

May 7, 1998

Page 4

, 10365 SW Day Rd., Sherwood, OR, 97140 said he was absolutely

opposed to the alternative site because his “L” shaped property bordered the site on 2

sides. He expressed deep respect for Metro and the land use process. He said there were

some problems regarding the alternative prison site. He distributed copies of a 3 page

memo from Larry Shaw to Mike Burton dated one month ago regarding the Wilsonville

“special needs” UGB Amendment Process. He said the memo spoke to bringing UR 42

legally into the UGB. He said he was disturbed by the references to “strategy decisions”

and how to make the process faster. He felt the tone was inappropriate to a body such as

Metro and was an outline to fast-track a prison outside the UGB without minimal

process. The memo pointed out the letter of the law but not the intent. He said even his

average sense of smell told him that this was “fishy”.

24925 SW Garden Acres Rd., Sherwood, OR, 97140 lived in UR 42 and

across from the proposed alternative site. He said the city of Wilsonville was trying to

pass on to the rural residents of Washington County a dis-service that was implemented

on them by the state. He said this was outside their jurisdiction and they had been telling

half-truths. He felt Metro Council had been too quick in accepting the unsubstantiated

claims and altering their agenda in support of the Wilsonville effort to alter the land use

of the area. He recalled that Councilor McLain had spoken to a group in Wilsonville a

year ago and stressed the 2040 plan and the need for additional high density housing due

to rapid population growth. He said the URGBs were displayed and the need for high

density housing was emphasized but at no time was the need for more industrial or

commercial land mentioned. He requested the Council to re-evaluate the land use and the

2040 plan for this area and leave the job of prison siting to the DOC and the state. (A

copy of this letter can be found with the permanent record of this meeting.)

22465 SW Grahams Ferry Rd, Tualatin, OR 97062 spoke of his belief that

Metro should not be and was not now involved in prison siting. He spoke about the

UGBs and the circumventing of the due process to evaluate the prison site land as a

whole. He quoted 98-23A statement of the governor “...if picked, then steps will be

taken”. He pointed out that the site had not yet been picked and steps were already being

taken. He said a lot of information about the site was based on future plans. Much of the

information released to Metro was based on changes that Wilsonville has planned for

when the site was incorporated into the city limits. He asked the Council to think about

the amount of their time and money from the taxpayers had been put into the lengthy and

involved 2040 planning process. He asked them to check into their facts on the siting

decision.

22015 SW 106th Place, Tualatin, OR 97065 thanked Metro Council for

taking on their unique responsibility. She asked Metro to explain if they were planning to

follow Metro agencies in others area trying to develop viable communities or were viable

prison sites the goal. She said she would look forward to hearing from Metro in the next

45 days on that question.

Metro Council Meeting

May 7, 1998

Page 5

, 25190 SW Grahams Ferry Rd., Sherwood, OR. 97140 spoke of her

family and told how Sherwood took 3 generations of kids went to school from their

property when the other areas were not interested. She said it scared her to think

Wilsonville could come in and condemn her property to build a prison when they had

never been involved with the area with services or any other way. She urged the Council

to reconsider before taking any hasty decisions on changing the boundaries.

, 25190 SW Grahams Ferry Rd., Sherwood, OR 97140 echoed his wife’s

concerns and said he was scared to have somebody with the opinion that his area was

blighted and under used be the representative of his interests for getting it annexed into a

city.

, 22675 SW Miami Dr., Tualatin, OR 97062 said he had recently moved

from South Dakota and was very unfamiliar with the Metro government body and where

it fit into the big picture. He said he wanted to speak out against the alternative prison

site. He said he had not shown his house that was on the market to a single person in 5

weeks and blamed it on the prison being planned there. He said it would cause severe

monetary hardship on him as he had already bought another house there expecting to be

able to sell his old one quickly. He asked why Metro was involved in the decision and

said he hoped they would oppose the site.

, ORPS, 10811 SW Hunt Ct, Wilsonville, OR 97070 voiced his appreciation

of Council’s Resolution to consider the site and willingness to keep an open mind for

alternatives. He said while he did not endorse the governor’s executive decision to site a

prison in the tri-county area, it did fit within the 1 mile buffer that some had so diligently

work for with the legislature in the past months. He said Dammasch was immediately

next door to school and near other schools and residences. He said he did not agree with

the tri-county area for prison siting, but another site within the 1 mile buffers needed to

be found.

33900 NE Wilsonville Rd., Newberg, OR 97132 said the buffer was

objective, it was true but the intent was to site prisons within appropriately zoned places.

He said the Wilsonville industrial site met the intent of the Oregonians for Responsible

Prison Sitings (ORPS) criteria. Because of that Wilsonville passed a resolution of interest

to site the intake center. They were the only community to do so. He said the site would

be in Tualatin not in Wilsonville but the issue had been made into a Wilsonville problem.

He said they were resolving it the best way they could. He said the problem should be

solved in a regional cooperative manner.

, 10980 SW Matzenor, Wilsonville, OR 97070, a member of ORPS, said

Metro would be deciding some of the UR and UGB issues in June. She felt it was

important to state ORPS’s position regarding the site because so many people had spoken

today. The prison siting process had been going on for about 2 years. ORPS started out

trying to get a 2 mile/3 mile rule passed in the legislature: 2 miles from schools and 3

miles from homes. That was from national standards. The citizens in the area had no

general support for such a rule. The legislature overwhelming supported the one mile

Metro Council Meeting

May 7, 1998

Page 6

limit. The prison was not going in eastern Oregon or somewhere in the desert. The

Wilsonville area had been targeted because of its location and access to I-5. She said it

would be an intake center for all of the prisons in the entire state. Wilsonville had passed

a resolution of interest. The prison would go in the middle of the housing that the area so

desperately needed or it could go in the heart of a present or future industrial area.

, Mayor of Wilsonville, 29786 SW Lehan Ct., Wilsonville, OR

97070 reiterated that Metro was not siting the facility or even considering a change that

would allow siting the facility. She said Wilsonville was not siting the facility. The State

of Oregon had the authority under super siting to put it anywhere they wanted to and

Wilsonville was where they wanted. Our role was to try to come up with a response that

makes the best regional land use sense in terms of preserving the ability for existing land

use plans to go forth, housing and commercial and industrial land that is in need in the

Urban Reserve.

, Planning Director, City of Wilsonville, PO Box 1282, Wilsonville,

OR 97070 pointed out that there had been a lot of inaccurate information. n response to

people saying the property was in Wilsonville or Sherwood or Tualatin, he pointed out

that the UR map showed UR 42 directly adjoined the city of Wilsonville. He said

Wilsonville would have to plan for and provide services to it and they were doing the best

they could on that account. He said the statement regarding the property not being within

areas designated for urban planning by Wilsonville was not accurate. Wilsonville was

already doing UR planning for that area. He said the statement that the site and size of the

prison would not allow for buffering was not accurate based on the information he had

received from the DOC. He said part of Wilsonville was indeed in Washington County.

None.

, Metro Auditor, updated Council that 3 audits were in process and 3 more

were being started. She said 2 departments in the administrative services division had

been scheduled to participate in the national benchmarking survey and she had selected

Deloitte & Touche as the new auditors for Metro’s financial statements. She said a

review of the controls of the cash collections in outside locations was in process and a

survey of each operating department that would make sure plans were working “as

planned” was in the works. She reported a continuing effort to report back to Council

with the statistical overview of trends that Metro fell into. She also reported work on

finalizing an RFP to review the implementation of the InfoLink.

said she and Councilor Naito had attended the Coordinating

Committee who was setting up the agenda for the joint meeting on May 28. She said the

Metro Council Meeting

May 7, 1998

Page 7

committee was looking forward to a conversation on regional funding and infrastructure

costs that would help with the 2040 growth concept and all of the elements involved in

the Functional Plan as well as the Regional Framework Plan.

6.1 Consideration meeting minutes of the April 23, 1998 Regular Council Meeting.

moved to adopt the meeting minutes of

April 23, 1998 Regular Council Meeting.

seconded the motion.

The vote was 7 aye/0 nay/0 abstain. The motion passed

unanimously.

7.1

Amending the FY 1997-98 Budget and Appropriations to

recognize $44,000 in new grant revenues, reclassify certain expenditures, transfer funds

from the Regional Parks Fund Contingency to various line items within the fund; and

declaring an emergency

The clerk read the ordinance for the first time by title only. Presiding Officer Kvistad sent

Ordinance No. 98-746 to Finance Committee.

7.2

Amending the FY 1998-98 Budget and Appropriations

Schedule transferring $4,000,000 from Open Space Fund Contingency to Capital Outlay

in the Open Space Fund in Regional Parks and Greenspaces department to provide

funding for unanticipated expenditures; and declaring an emergency

The clerk read the ordinance for the first time by title only. Presiding Officer Kvistad sent

Ordinance No. 98-747 to Finance Committee.

7.1

For the Purpose of Amending Ordinance Nos. 96-647C

and No. 97-715B, to amend Title 3 of the Urban Growth Management Functional Plan,

and amend the Regional Framework Plan, Appendix A, and adopt the Title 3 Model

Ordinance and Water Quality and Flood Management Maps

presented the ordinance. She said the stream and floodplain protection

plan had taken a number of years to develop. She said her district had lost a lot of streams

to development and she hoped this ordinance would prevent future mistakes regarding

streams and wetlands. She said this ordinance would create a solution for 2 main issues,

water quality improvement and floodplain protection. She referred to the Functional

Metro Council Meeting

May 7, 1998

Page 8

Plan’s policy on water quality and floodplains and read the requirements for new

development. She said the plan had full review and input from WRPAC, MTAC and

MPAC. She reviewed the Growth Management Committee work coming up. She thanked

the people who testified on the issue today.

concern was the impact on property rights. He felt the language of

Title 3 would affect 30,000 - 40,000 existing households who deserved to be notified that

the new setbacks would affect them and give them a chance to voice their opinions and

concerns. He urged prudence in moving forward.

asked what kind of consideration Council had for notifying the

affected households.

answered that the wetlands and notice issues had been set aside to be

dealt with at the May 28 Growth Management meeting so there was no real answer to

that question yet.

said his problem with local governments doing the notifying was

they had very little room to maneuver. His goal was to make sure a process to bring back

concerns was in place after notification. He believed there was a solution and said he was

afraid it would not get a proper hearing.

asked if the committee had considered the potential federal

impacts on the watersheds due to the salmon listing issue.

said more information could be brought on that matter.

clarified that after the public hearing she would be responding to

Councilor Morissette’s comments.

opened a public hearing on Ordinance No. 98-730.

, Friends of Arnold Creek, 4106 SW Vacuna St. Portland OR 97219

requested deletion of Section 3 Part A Lines 30-32 and Lines 37-40. This would delete

the option for jurisdictions to allow incorrect maps to prevail over language specifying

the resources to be protected. She said she had not heard a good explanation for why this

should be included since she asked for the deletion the last time.

responded she would carry the amendment to WRPAC for debate.

She said she was not finished reviewing the request at this time.

was not present when called.

of the Columbia Corridor Association, PO Box 55651, Portland, OR 97238

said she spoke for several hundred property owners and over 2,800 businesses in the 28

square mile prime industrial area. She said the area housed 48% of the vacant industrial

Metro Council Meeting

May 7, 1998

Page 9

land. She wanted to make clear that the business community was indeed interested in this

process but had to rely on people like her to bring the message while they operated their

businesses. She said they understood and supported the need for Metro to coordinate and

facilitate the region-wide effort. She said they were not asking that any goal be changed

or undermined, but did want to ask where was the balance if you chose to preserve any

wetland, even those classified as insignificant by state criteria, at the expense of other

goals and allowed insignificant wetlands to be filled and mitigated. She said that would

allow maximum use of the land by encouraging development of upgraded water resource

areas. To minimize the pressure on the UGB expansion. She felt creative use of the land

would be required for job creation and housing density. She said go ahead and set

standards and see that they are met, but also grant enough flexibility that jurisdictions and

developers could creatively develop a site and meet all the goals of the Functional Plan.

She said that Metro staff had said that flexibility was built into Title 3. She said that when

it added months to the process and thousands of dollars in legal engineering and

environmental consulting fees, flexibility might be created, but at the same time it was a

huge disincentive. She said it forced the developer to do the least possible

environmentally in order to maintain an economically viable project. She said there were

many examples where creatively approaching the development of a site had resulted in

all goals being met. She said the Columbia Corridor had thousands of acres protected

behind dikes where flood management was mechanically controlled. She pointed out that

during the 1966 flood the dike areas were dry because the water was drawn down in

preparation.

of the Home Builders Association of metropolitan Portland echoed Ms.

Nickel’s remarks supporting and recognizing the need to ensure water quality and

flooding. He said they did not believe measures to contradict or undermine other goals in

the 2040 project should be adopted. He said Title 3 impacted the buildable land supply

and a serious impact on transportation access. He said it also did not consider the ripple

affect that it would have on future subdivisions. He noted his written testimony regarding

the current definition of development. He suggested some changes in the definition. (A

copy of the written testimony can be found in the permanent record of this meeting.)

, Columbia Corridor Association, NAIOP, 12031 NE Marx, Portland, OR

97220 introduced himself as the president of the Three Oaks Development Company who

had been doing responsible development in the area for the last 20 years. He spoke

regarding the definition of wetlands and the lack of definition of insignificant wetlands in

Title 3. He pointed out a 100 acre industrial park project and explained the insignificant

wetlands involved in the project. He explained a project that through mitigation had made

63 acres of significant wetlands out of them. He pointed out that there was a loss of

industrial land in doing so. He urged that Title 3 have a designation and process for

insignificant wetlands.

, 621 SW Morrison, Suite 200, Portland, OR. spoke on behalf of the

Commercial Real Estate Economic Coalition (CREEC) which represented more than

5,000 individuals and businesses and 13 organizations involved in the development, sale

and leasing of retail office and industrial properties. She concurred with comments made

Metro Council Meeting

May 7, 1998

Page 10

by previous speakers that the development community was not opposed to water quality

but there was a need to balance with job creation and efficient land use. She said the

people she represented provided the jobs in the jobs/housing balance. She named 3

specific issues: 1) she urged Council to refine the definition of wetland to distinguish

between significant and insignificant wetlands; 2) she raised points previously mentioned

by Councilor Morissette regarding the large number of households that would be affected

by Title 3; and 3) they felt applicants who were already in the process of obtaining

permits but had not exercised them should be exempted. (A copy of her written testimony

is included in the permanent record of this meeting.)

Oregon Department of Fish and Wildlife, 17330 SE Evelyn St.

Clackamas OR 97015 offered testimony in support of Title 3. He said they supported the

model ordinance as an important public policy that served to help protect the biological

integrity of metropolitan waterways. He touched on highlights of written testimony he

submitted. (A copy of this testimony can be found in the permanent record of this

meeting.) He suggested that a field verified map be adopted by the city or county. He

suggested that the table in the model ordinance was confusing and should be altered for

ease of understanding. He was concerned about the language that would adjust the

removal of debris. He pointed out that while it was important to clean up streams, large

woody debris was important to the streams and should be left alone. He was concerned

about too much flexibility and said the definition of wetlands be adhered to.

was representing the Audubon Society of Portland and the natural resources

working group of the Coalition for a Livable Future, 5151 NW Cornell Rd Portland OR

97210 urged Council to read his written testimony in full and said he would focus on 3

specific issues: 1) He outlined his rationale for not going in the direction just commented

on or the direction of the legal counsel; 2) He said that the maps/language issue needed to

be resolved; and 3) he felt there was plenty of flexibility allowed for in Title 3. He said

his groups would be opposed to changing in mid-course what they understood Title 3 to

be intended to do, to recognize the importance of wetlands for water quality purposes

throughout the metropolitan region. He said at no time in their discussions was the issue

of culling insignificant wetlands from significant wetlands ever mentioned. (A copy of

his written testimony can be found in the permanent record of this meeting.)

owner of Fuel Processors, 4150 N Suttle Rd, Portland OR 97217, which

disposed of many things people did not know how to get rid of like oil and grease, etc. He

said he was an environmentalist but felt it was now an issue of protection of property

rights. He said the result of this would be he could not expand and would have to move

his business. He said he would lose approximately $200,000 in property value and the

site would become unusable to him. He said there were ways to work together and those

should be explored.

Oregon City Commissioner, 712 12th St. Oregon City OR 97045

supported Title 3 and referred to page 5 Exhibit A, #3 where he read “lots and parcels

which were fully or predominately within the water quality resource area and were

demonstrated to be unbuildable by vegetative corridor regulations, cities and counties

Metro Council Meeting

May 7, 1998

Page 11

shall reduce or remove vegetative corridor regulations to assure the lot or parcel will be

buildable while still providing the maximum vegetative corridor practicable. Cities and

counties should encourage land owners to voluntarily protect these areas through various

means such as conversation easements.”

He said he was concerned about this working and felt 2F covered most of it. He felt the

only difference had to do with mitigation. He said #3 did not define buildable.

2715 N. Terry St., Portland, OR 97217 said he represented Friends of

Smith and Bybee Lakes for this meeting. He said they supported Title 3 without any

amendments. He opposed the additional flexibility language called for in amendments

before Council. He urged the definition of the term wetland be that used by the Division

of State Lands and the Army Corps of Engineers. He made a personal statement that the

intent of Title 3 was clear, but it was also clear to those who worked on wetland issues

that every square yard of wetland had value. He said Title 3 was a good ordinance and

Council should not allow amendments to gut it.

, 6102 SE 46th Ave, Portland OR 97221, member of the Coalition for a

Livable Future expressed support for Mike Houck’s testimony and his effort to take the

teeth out of Title 3. She said the definition of any wetland should not be tied to a map.

She agreed that there were no insignificant wetlands. She asked Council to vote in the

public interest rather than developers and individual property owners.

PO Box 1944, Lake Oswego, OR 97035 passed out copies of his written

testimony in support of Title 3. He felt the Council had been very attentive to this matter

and the staff had done a good job and complimented some of them. He mentioned a

conflict in the model ordinance with the application requirements and the development

standards. He asked Mr. Helm to look the language over. (A copy of this testimony can

be found with the permanent record of this meeting.)

, Friends of Rock, Bronson and Wilson Creeks, 1844 SW Custer St. Portland

OR 97219 had to leave, but her testimony is included as part of the record.

Friends of Newell Creek Canyon, PO Box 3, Oregon City, OR 97045 said

in the past 15 years he had been involved in a lot of watershed issues. He said one of the

reasons to adopt these kinds of ordinances was to eliminate the ambiguity of definitions

of terms. He felt Title 3 addressed a lot of these issues. He said a map was a good tool but

should not be relied on instead of words.

, 1 SW Columbia St. Suite 1850 Portland OR 97250 an attorney, spoke as

Chair of Housing and Land Use Committee for Tualatin Valley Economic Development

Corporation. He had previously mailed his testimony to Council. He suggested the

significant wetlands definition crafted by the Division of State Lands since January 1997

be adopted. He urged Council to look that over and use it as a standard. (A copy of his

testimony is in the permanent record of this meeting.)

Metro Council Meeting

May 7, 1998

Page 12

, Oregon Environmental Council Water Program Director, 520 SW 6th,

Suite 940 Portland, OR 97204 said Title 3 appeared to her and the OEC to be the way

Metro would have to step up to the plate. She said the early adoption and quick

implementation of Title 3 was important because water resources had been playing catch

up through the whole Functional Plan and Regional Framework process. She said Title 3

took the first steps to address the salmon listing. She mentioned the language vs. maps

debate and said the maps would never be perfect so the language should prevail. She said

in the wetlands debate she felt the definitions already in place with the state should be

used.

9397 NW Fox Hollow Ct, Portland, OR 97229 representing Friends of

Fox Hollow urged Council to adopt a strong Title 3 that would eliminate exceptions for

development of wetland areas. She stated support of Mike Houck’s testimony today.

, State of Oregon Department of Environmental Quality reiterated

their support sent in letter form already. He said this was an important first step but many

more actions to protect water quality would be needed. He said the expanding list of

endangered only demonstrated the failure to meet obligations to protected water quality

and resources. He said state agencies were spending a lot to recover lost areas and it

would be more cost effective to protect them than recover them.

, Bureau of Environmental Services, 1211 SW 5th Ave #8 Portland, OR

spoke in support of Title 3 program and felt the flexibility was sufficient to allow

different approaches to the problems. She felt the buffer areas were most critical but not

the total solution. She said point source controls would be lost in a stream without an

adequate buffer. She felt Title 3 was critical and supported it strongly.

, Councilman, city of Happy Valley, 12378 SE Wagner St. Happy Valley,

OR 97235 submitted a written statement in agreement with the intent of the Title 3 model

ordinance amendment. He had a concern about Metro LCDC overlapping. He said he did

not see any problems in implementing Title 3 in Happy Valley.

43465 SW Hiatt Rd Forest Grove, OR, a Washington County resident living

by Gales Creek on a dike. He wondered how his property would be affected since he was

outside the UGB. He felt Title 3 was a good thing. He said a big problem was the

vegetative corridor because his dike did not have enough room to allow for the buffers

and he used it for a road.

closed the public hearing.

said she was very interested in the conversation on the

language vs. the map and that there were some issues that hadn’t been aired at the

Growth Management Committee, she would take them to the May 28 meeting. She felt

the language vs. the map conversation would be helpful in the definition of wetland. She

said the issue of how Title 3 affected land outside the UGB was important and would be

Metro Council Meeting

May 7, 1998

Page 13

looked at. She thanked Council and public who testified for the new issues and added

information.

reviewed the schedule of hearings coming up on the item. She said

Growth Management Committee had scheduled a special meeting Thursday May 28 at

2:30 PM to deal with all of the outstanding issues.

7.2

For the Purpose of Lowering the Minimum for the Group

Discount Classification from 25 to 20 persons and Granting Complimentary Admission

to the drivers and escorts of Pre-formed Tour Groups at Metro Washington Park Zoo.

moved to adopt Ordinance No. 98-735.

seconded the motion.

said the title of the ordinance was self-explanatory, and further

comment was unnecessary.

opened a public hearing. No one appeared to speak with

regard to the legislation. Presiding Officer Kvistad closed the public hearing.

The vote was 7 aye/0 nay/0 abstain. The motion passed

unanimously.

8.1

For the Purpose of Approving the Year 9 Annual

Waste Reduction Work Plan for Metro and Local Governments.

moved to adopt Resolution No. 98-2634.

seconded the motion.

said each year the goal was to reduce the waste

even more that the year before. She noted in the staff report that the work plan was the

same as last year’s and would be pass through money to help local jurisdictions for

projects that Metro approved of as far as helping carry out the Waste Reduction Plan. She

said the committee had agreed to review the goals and effectiveness of the plan to see

how the money was working or if it would need to be reconstructed for next year.

The vote was 7 aye/0 nay/0 abstain. The motion passed

unanimously

recessed the Metro Council Meeting and convened the

Contract Review Board.

Metro Council Meeting

May 7, 1998

Page 14

9.1

For the Purpose of Authorizing an Exemption to Metro

Code Chapter 2.040.044, Personal Services Contracts Selection Process, and Authorizing

a Sole-Source Contract with Stop Oregon Litter and Vandalism (SOLV) for the

Sponsorship of the Annual SOLV-IT Clean Up Event.

moved to adopt Resolution No. 98-2628.

seconded the motion.

introduced Jack McGowan to speak.

, Executive Director of SOLV, recapped what happened on Earth Day

this year. He said it was the 9th annual SOLV-IT. He said 94 sites in 6 counties were

targeted and they had in excess of 2300 volunteers. He estimated over 1.5 million pounds

of illegally dumped materials and woody debris had been collected along with 2400 tires

and other recyclable stuff. 709 tons of debris was collected and wetlands were cleaned up

and replanted with native plant species. He invited everyone to participate in Paint the

Town Clean to eradicate graffiti before Rose Festival.

closed by saying it was a great program.

The vote was 7 aye/0 nay/0 abstain. The motion passed

unanimously.

adjourned the Contract Review Board and reconvened the

Metro Council Meeting.

For the Purpose of Authorizing the Release of Request

for Proposal #98-25-PKS for Design and Engineering Services for Improvements to

Howell Territorial Park and Oxbow Regional Park.

moved to adopt Resolution No. 98-2635.

seconded the motion.

said this resolution authorized the release of RFP to do

design and engineering services at Howell and Oxbow Parks. She said the total was

$356,000 eligible only for the design piece, phase 1 for both parks. She urged approval of

the RFP for the design piece.

The vote was 7 aye/0 nay/0 abstain. The motion passed

unanimously

Metro Council Meeting

May 7, 1998

Page 15

said he had handed out some information and asked Council to

read it. He highlighted the fish restoration part and said there was still a requirement of

20 years for jobs/housing and school sites. He said he brought it up because he felt it was

even more inadequate given some of the requirements. He said he was still looking at

notification issues.

spoke of his South North tour and wanted to know if any

Councilors were interested in taking the tour before the work session.

said he would be bringing to Growth Management after the

next 2 weeks an Urban ESA Watershed Plan that was a little beyond Title 3. He felt the

governor’s comments about salmon above Willamette Falls made it necessary.

There being no further business to come before the Metro Council, Presiding Officer

Kvistad adjourned the meeting at 5:01 p.m.

Prepared by,

Lindsey Ray

Acting Clerk of the Council

Doc.

No.

Doc.

Date Document Title

TO/FROM

RES/ORD

1

5/7/98 Testimony on alternate

prison siting

Wilsonville/Tualatin

Richard Gentes

24925 SW Garden Acres N/A

2

5/7/98 Oregonian article “Fish

Listing Shakes Up City

Leaders”

To: Councilors

From: Councilor Don

Morissette

98-730

3

5/7/98 Title 3 amendment request Amanda Fritz

4106 SW Vacuna St.

Portland, OR 97219

98-730

4

5/7/98 Title 3 and Model

Ordinance letter

To: Kvistad

From: Kelly Ross

Home Builders Assoc. of

Metropolitan Portland

15555 SW Bangy Rd,

#301

98-730

Metro Council Meeting

May 7, 1998

Page 16

Lake Oswego, OR 97035

5

5/7/98 Title 3 letter

To: Council

From: Anne Nickel

Columbia Corridor

Association

PO Box 55651

Portland, OR 97238

98-730

6

5/7/98 Title 3 letter

To: Council

From: Mike Tharp

Commercial Real Estate

Economic Coalition

NO ADDRESS GIVEN

98-730

7

5/7/98 Title 3 letter and aerial map To: Council

From: J. Timothy Warren

Three Oaks Development

Co.

12031 NE Marx St.

Portland, OR 97294-3999

98-730

8

5/7/98 Water Quality and Flood

Management Area Model

Ordinance general

comments

From: Gregory Robart

Oregon Dept. of Fish and

Wildlife

98-730

9

5/7/98 Title 3 testimony/letter To: Council

From: Mike Houck

Audubon Society of

Portland

98-730

10 4/6/98 Title three testimony/letter From: W. L. Briggs

Fuel Processors, Inc.

4150 N Suttle Rd

Portland, OR 97217

98-730

11 5/7/98 Title 3 letter

To: Council, Burton

From: Mary Vogel

Friends of Rock, Bronson,

& Willow Creeks

220 SW Salix Terrace

Beaverton, OR 97006

98-730

12 5/6/98 May 7 Public hearing on

Title 3 amendments letter

To: Council

From: Daniel Kearns

Preston Gates & Ellis

111 SW 5th Ave, #3200

Portland, OR 97204

98-730

13 5/4/98 Title 3 letter

To: Council

From: Michael J. Lilly

1 SW Columbia St., #680

Portland, OR 97258

98-730

14 5/7/98 Title 3 letter

From: James M. Olsen 98-730

Metro Council Meeting

May 7, 1998

Page 17

Happy Valley City

Councilor

NO ADDRESS

15 4/18/9 8 SOLV-IT Campaign press

release

From: Jack McGowan

SOLV

PO Box 1235

Hillsboro, OR 97123

98-2628