MINUTES OF THE METRO COUNCIL MEETING

August 17, 2000

Metro Council Chamber

Councilors Present:  David Bragdon (Presiding Officer), Susan McLain, Rod Park, Rod Monroe

Councilors Absent:  Bill Atherton, Jon Kvistad, Ed Washington

Presiding Officer Bragdon convened the Regular Council Meeting at 2:05 p.m.

1.  INTRODUCTIONS

Councilor McLain was pleased to recognize the Metro Star Commuter contest winner, as a part of Car Free and Carefree Week held July 24-28. She said an outstanding group of Metro employees entered using a variety of alternative transportation methods. In fact there were so many wonderful stories the judges decided to recognize an additional nine people for Honorable Mention for their efforts. Linnea Nelson, Parks and Greenspaces, was judged the top entrant, and Councilor McLain presented her with the prize, a $75 gift certificate to the restaurant of her choice. An email had been sent out agency-wide listing the winners and some of their key accomplishments. A copy is attached as a permanent part of this record.

Ms. Nelson thanked the Council and Councilor McLain. She felt Metro was an exemplary organization in that it had an employee incentive program for commuting, providing certificates for people who biked or walked to work 80% of the time or more. It was a terrific example for the region; that Metro walked its talk. Presiding Officer Bragdon thanked everyone who participated.

2.  CITIZEN COMMUNICATIONS

None

3.  OREGON STATE ARCHIVES REPORT

Mary Beth Herkert, State of Oregon Archives Division reported on the status of the project. Her notes are incorporated and attached as a permanent part of the council packet. She said that the project took 1800 hours at no cost to Metro.

4.  EXECUTIVE OFFICER COMMUNICATIONS

None

5.  AUDITOR COMMUNICATIONS

None

6.  MPAC COMMUNICATIONS

None.

Presiding Officer Bragdon noted that the next MPAC meeting, scheduled for August 23 had been cancelled.

7.  CONSENT AGENDA

7.1  Consideration of minutes of the August 10, 2000 Regular Council Meeting.

 Motion:  Councilor McLain moved to adopt the meeting minutes of August 10, 2000 Regular Council meeting.

 Vote:    The vote was 4 aye/ 0 nay/ 0 abstain. The motion passed unanimously.

8.  ORDINANCES – QUASI-JUDICIAL PROCEEDINGS – FIRST READING

8.1  Ordinance No. 00-872, For the Purpose of Approving Urban Growth Boundary Locational Adjustment 00-1: Jackson Bottom, and Adopting the Findings, Conclusions and Final Order.

Presiding Officer Bragdon said this ordinance would be referred to the Council as a whole. Dan Cooper, Office of General Counsel, noted that this ordinance was a locational adjustment to the urban growth boundary (UGB) through a quasi-judicial procedure. The Council would in effect act as judges in this case in accordance with Metro Code. There were specific criteria established, acknowledged by Land Conservation and Development Commission (LCDC) to comply with State goals. He said the Council’s job was to determine whether or not Council agreed with the recommendation of the hearings officer. If Council found that the facts agreed with his determination, then the recommendation must be adopted. No one had filed an objection, therefore no one had standing to object to the hearings officer’s recommendation either today or after Council adoption to LUBA.

Mr. Cooper said this was an application for land, less than 14-acres, that was currently outside the Metro jurisdictional boundary. The applicant had also filed the necessary application to be annexed.to Metro. That application would come to Council if it made a preliminary determination to approve the addition to the UGB. The applicant planned to request an emergency clause be added to both ordinances so that these annexations could take effect immediately rather than delayed for 90-days. If the Council agreed it would take a motion to amend the ordinance to add the emergency clause.

Larry Epstein, Hearings Officer, summarized his findings. Councilor McLain asked if the 3.5-acres to be utilized by Unified Sewerage Agency (USA) were for the lab and a permanent second parking lot. Mr. Epstein agreed and said USA’s current property within the UGB would not accommodate this planned expansion. Councilor McLain asked if his report concluded that this adjustment would better the services and facilities already inside the UGB on land already considered urban. Mr. Epstein responded yes, it would increase service delivery efficiency to land already in the boundary, principally to the existing USA facility. It would result in more efficient transportation services because the egress point would be relocated to eliminate a current sight distance problem, as well as more efficient open spaces since it would add to the Jackson Bottom open spaces. It would also increase the storm water drainage services to land already in the boundary because storm water from the existing USA facility would be extended into the proposed expansion area.

Councilor McLain said she was uncomfortable with the possibility that similarly situated land might also meet that criteria and asked him to expand. Mr. Epstein responded that there was no similarly situated lands. This property was isolated by Hwy. 219 and was the only property on the east side of Hwy. 219 not in the UGB. The other principle factual characteristic that distinguished the property was its relationship to the Jackson Bottom natural area. Other properties in the vicinity were not so situated.

Chair McLain asked Mr. Cooper about the emergency clause and why it should be added today. She wanted to understand why a motion for this clause was appropriate in this case to be done today. Mr. Cooper responded that today was an orderly day to add the clause, but it could also be done at a later date. The effect of an emergency clause usually was to eliminate the possibility of a referendum on legislation. As this was a quasi-judicial ordinance it would be done for a different reason. He suggested that Council hear from the applicant before making a decision. Councilor McLain said that she felt putting an emergency clause onto a piece of legislation might highlight it to the point where it became a lightning rod. She saw no reason to do it at this point.

Mary Dorman, Unified Sewerage Agency (USA) Planner, noted that they had a timing issue; their board could not act until Metro had approved the ordinance. After approval USA would still need to go through the USA and City of Hillsboro annexation processes, applied land and zone designations and site development review. USA’s goal was to complete that work and begin construction this summer. It was a timing issue. She clarified that the plan was to expand the existing lab building, rather than to build a new one. Other buildings shown to the South nearer the Tualatin River were for a proposed future Jackson Bottom Interpretive Center. She noted that it would add a left turn refuge into the site, addressing traffic safety issues from fast moving traffic on Hwy. 219. It also would remove the non-conforming trucking operation.

Councilor McLain said she would prefer Council make a decision at a later meeting. Mr. Cooper said he would prepare the annexation ordinance for first reading at the next Council meeting. Councilor McLain asked that it be scheduled at the September 14 evening meeting that will be held in Hillsboro. The other Council members agreed.

9.  ORDINANCES – SECOND READING

9.1  Ordinance No. 00-870, For the Purpose of Increasing to One Year the Maximum Period of Exclusion from the Oregon Zoo and Declaring an Emergency.

 Motion:  Councilor Monroe moved to adopt Ordinance No. 00-870.

 Seconded:  Councilor Park seconded the motion.

Councilor Monroe reviewed the reasons for the ordinance. While the legal system responded to this sort of problem, usually people were out on bail and were dangerous people. This ordinance extended the amount of time up to one year.

Presiding Officer Bragdon opened a public hearing on Ordinance No. 00-870.

Phil Prewett, 6116 NE Willow St., Portland, said he wholeheartedly supported the ordinance. He did question the average of less than twelve instances per year; with over 1 million visitors and 20-30 concerts with upwards of $10k alcohol sold he felt that twelve was a very low figure.

Councilor McLain asked if he was saying that the documentation that estimated the instances in support of the measure was a low figure. Mr. Prewett agreed.

Presiding Officer Bragdon noted that this ordinance was intended to include an emergency clause and that required five members to vote. It was agreed to continue discussion until the next meeting September 7. Councilor Monroe added that this policy change would bring the Zoo into conformity with other Metro operated facilities. He asked that it be set over until September 7.

10.  RESOLUTIONS

10.1  Resolution No. 00-2979, For the Purpose of Confirming the Nomination of Rod Peters to the Regional Parks and Greenspaces Advisory Committee.

 Motion:  Councilor Monroe moved to adopt Resolution No. 00-2979.

 Seconded:  Councilor McLain seconded the motion.

Councilor Monroe noted that Mr. Peters was extremely well qualified to hold this position. He was an active parks volunteer in the City of Tualatin, served on Tualatin Parks Advisory Committee for the past 6-years, a member of Tualatin Library Advisory Committee and an active SOLV (Stop Oregon Litter and Vandalism) volunteer. He felt fortunate that someone of Mr. Peters quality was willing to serve and urged support of this appointment.

 Vote:    The vote was 4 aye/ 0 nay/ 0 abstain. The motion passed.

10.2  Resolution No. 00-2978, For the Purpose of Adopting the Portland Area Air Quality Conformity Determination for Amendment of the 1995 RTP (Resolution No. 00-2969B) and the FY 2000 Metropolitan Transportation Improvement Program (Resolution No. 00-2950) to Include the Wilsonville/Beaverton Commuter Rail Project (Reference Resolution No. 00-2972B).

 Motion:  Councilor McLain moved to adopt Resolution No. 00-2978.

 Seconded:  Councilor Monroe seconded the motion.

Councilor McLain noted that whoever wrote the title and its run-on sentence should see her for remedial work. She said this was a fine moment for South and Western Washington County for the start of the commuter rail to Wilsonville. She hoped it would someday be continued to Hillsboro-Forrest Grove and even McMinnville. The report summarized the substantial work this project would accomplish in improving air quality in the air shed. It was a necessary formality to meet Federal regulations to update and amend the Metro Regional Transportation Plan (RTP) studies.

Councilor Monroe said this commuter rail project was an exciting addition to the greater Metro region. This project would provide a high speed transit alternative in one of the most congested corridors, Hwy. 217, that would terminate at the Beaverton Transit Center where it would intersect with the light rail system. Currently people traveled 217 heavily in both directions; west to Hillsboro and east to downtown Portland. This connection would allow them to move quickly in an alternative system. Councilor Park asked for clarification of what he felt was an unusual schedule for adoption. Councilor Monroe said this resolution provided the required stipulation that the project was necessary to improve air quality. Councilor McLain clarified that this was a project and this study would review the project for any air quality problems to the RTP.

 Vote:    The vote was 4 aye/ 0 nay/ 0 abstain. The motion passed.

Presiding Officer Bragdon recessed Council and convened the Contract Review Board.

11.  CONTRACT REVIEW BOARD

11.1  Resolution No. 00-2982, For the Purpose of Authorizing Release of RFB #00B-31-REM for Construction of a Public Unloading Facility at Metro South Station.

 Motion:  Councilor McLain moved to adopt Resolution No. 00-2982.

 Seconded:  Councilor Park seconded the motion.

 Vote:    The vote was 4 aye/ 0 nay/ 0 abstain. The motion passed.

Councilor McLain spoke to the improvements she said were long overdue that this resolution would authorize at Metro South Station as far as floor space for recycling. The bid for construction would improve traffic issues and an existing problem where the public dumped straight into the pit. There was no floor area in which to sort recyclables. She felt the improvements would make it much more user-friendlier for the public. Construction and demolition debris should be easier to sort out with this new floor space.

11.2  Resolution No. 00-2983, For the Purpose of Authorizing an Amendment to the Contract Between Metro and First Cascade Corporation for Construction Services at Oxbow Regional Park.

 Motion:  Councilor Monroe moved to adopt Resolution No. 00-2983.

 Seconded:  Councilor Park seconded the motion.

Councilor Monroe said the current contract with Oxbow included building restrooms, adding utilities, doing sewage treatment work, camp site expansion, road alignment, etc. In the process of doing this work it was determined that some additional work should be done, particularly dealing with sewage. After staff negotiation with the construction company, the figure was trimmed to $73k from the original estimate of $101k in additional costs. He urged approval.

 Vote:    The vote was 4 aye/ 0 nay/ 0 abstain. The motion passed.

Presiding Officer Bragdon recessed the Contract Review Board and reconvened the Metro Council.

12.  COUNCILOR COMMUNICATIONS

Councilor McLain asked to make a further comment on Resolution 00-2982. She was afraid she had short-changed the great progress staff had made at South Station by being too focussed on the current project. This was the last of 5 major improvement projects that had been undertaken to improve the facility since it was taken over by Metro. In recent years the tipping floor was expanded, a new latex paint processing facility was constructed and additional facility was added to the scale house. She felt staff had done a great job.

Councilor Monroe reported on negotiations with Dan Saltzman, City of Portland, to install an eco-roof to the Oregon Convention Center (OCC) expansion. A copy of a letter from Mr. Saltzman is included in the public record. He said additional study was needed since an eco-roof was heavier and required a stronger superstructure to support the weight. Those engineering costs, $26,675, would be borne by the City of Portland, with a possible total contribution of as much as $200,000 to the costs of the eco-roof.

Presiding Officer Bragdon asked Councilor Monroe for an update on his testimony before the Washington State legislature in Olympia. Councilor Monroe said he understood he was the first elected official from Oregon to have testified before the Washington Transportation Commission. He testified on behalf to the bi-state committee that he chaired, for the HOV project to add an HOV lane southbound on the Washington side. Ultimately a southbound HOV land would be added on the Oregon side as well. Every indication was that the resolution being prepared would be supported unanimously by the Washington Transportation Commission.

Councilor McLain thanked staff from Council, Executive and other departments who served at the Washington and Clackamas County Fairs. She had heard many positive comments on Metro and the Parks department acquisition program. One question was on recycling done at Metro parks. Questions on unusual items to be recycled were referred to the Metro hot line. Citizens discussed density, urban reserves and UGB issues. She found it a useful experience that gave her ideas for new projects to work on. She invited Councilors to join her at the Fair that runs through August 20.

Councilor Park asked Heather Nelson Kent, Regional Parks and Greenspaces Planning and Education Manager, to come forward to give Council information on the Salmon Festival. Ms. Kent said the Salmon Festival would be October 8-9, the second weekend in October. Councilor Park asked if any work had been done to improve entry/exit at park or if mass transit alternative had been added. Ms. Kent said staff was looking at shuttles, but the event budget was too small at this point. They were organizing a bicycle ride from the Max Station to the Salmon Festival beginning this year. She said staff was looking for parking areas outside entrance to combine with shuttles for easier access to the festival. They were trying to remedy the wait at the pay booth.

Presiding Officer Bragdon said the bike ride would be led by Bill Barber, Metro Transportation. He asked Ms. Kent to touch on the open houses at Blue Lake. He noted that at the second meeting, held last Tuesday, Ms. Woodruff, MCCI, came up to him and said it was great public involvement. He felt that comment was a tribute to the staff and to the ice cream social as well.

Ms. Kent noted that 50-60 citizens came Tuesday and over 100 came to the first meeting in July. Staff had received great comments from the public and the consultant team did a great job of the presentation. She felt the public was given a clear picture of what was proposed. The surveys that were handed out would be tabulated and a report made to the Council in the near future. The draft presented to the Council at Gresham appeared to have a lot of support at these meetings. There was mixed response to the Lake House plan for possible replacement with a hotel/lodge-type facility. The neighborhood group response was mixed, but she understood that the City of Fairview was overwhelmingly in favor of it. The plan would be presented at Fairview in September, with the project hopefully to be wrapped up before the end of the year. Presiding Officer Bragdon felt the outreach efforts were great. Councilor Park was pleased that Councilor Bragdon made it out there. Ms. Kent said she heard it described on KINK radio as a planning “party”; she thought that sounded much more interesting than a planning meeting.

Councilor Monroe noted an event in Portland last Sunday that he took part in with 16,000 plus bikers and their families, Pedal Bridges. He felt it was a great annual event started by Rick Bauman 6-years ago. It was an example of what makes Portland the city that everyone loves.

Presiding Officer Bragdon said he attended with his 7-year old nephew. After crossing the Hawthorne, the Ross Island and the Marquam Bridge he overheard someone comment, who obviously did not understand the point of the ride, saying “we already went over this river; this is ridiculous.” He said there were no meetings for the final two weeks of August; the next meeting would be September 7.

13.  ADJOURN

There being no further business to come before the Metro Council, Presiding Officer Bragdon adjourned the meeting at 3:13 p.m.

Prepared by

Chris Billington

Clerk of the Council