METRO COUNCIL GROWTH MANAGEMENT COMMITTEE

Tuesday, February 3, 1998

Council Chamber

CALL TO ORDER AND ROLL CALL

Members Present:  Lisa Naito (Chair), Patricia McCaig (Vice Chair), Don Morissette

Members Absent:    None

Also Present:    Susan McLain

Chair Naito called the meeting to order at 1:34 P.M.

1.  CONSIDERATION OF THE JANUARY 20, 1998, GROWTH MANAGEMENT COMMITTEE MEETING MINUTES

2.  ORDINANCE NO. 97-710, FOR THE PURPOSE OF ESTABLISHING A COORDINATED 2017 POPULATION FORECAST FOR USE IN MAINTAINING AND UPDATING COMPREHENSIVE PLANS

Larry Shaw, Senior Assistant Counsel, gave a brief history and explanation of Ordinance No. 97-710.

Chair Naito opened a public hearing at 1:38 P.M.

Edward Starkie, Leland Consulting Group, 325 Northwest Twenty-second Avenue, Portland, said his testimony may have been rendered unnecessary by Mr. Shaw’s explanation. He was concerned about codifying the 2020 population estimate without looking closer at the jurisdictional numbers.

Councilor Morissette clarified that the Council would be adopting the overall region number for the year of 2017, and that the estimated population change from 2015 to 2017 is proportional to prior years.

Chair Naito asked Mr. Starkie if his question had been answered. Mr. Starkie said yes.

Chair Naito closed the public hearing at 1:41 P.M.

Councilor McLain asked legal counsel if a clause should be added to Ordinance No. 97-710 to indicate that the Council will use the 2017 population estimate in its Regional Transportation Plan. Mr. Shaw said no.

Councilor Morissette will carry the ordinance to the full Metro Council.

3.  ORDINANCE NO. 98-721A, FOR THE PURPOSE OF AMENDING ORDINANCE NO. 96-647C AND 97-715B TO REVISE TITLE 6 RECOMMENDATIONS AND REQUIREMENTS FOR REGIONAL ACCESSIBILITY

Andy Cotugno, Director of the Transportation Department, presented Ordinance No. 98-721A.

Councilor Morissette said that he did not support the Urban Growth Management Functional Plan when it was adopted by the Council. He said it relies too heavily on alternative modes of transportation and does not adequately address the increasing problem of traffic congestion. He said he would not be able to support Ordinance No. 98-721A. He said the solution is to create housing near jobs. Councilor Morissette thanked Mr. Cotugno for adding his chart to the program, and requested that the explanation of Level F be placed with the chart, rather than in the appendix.

Chair Naito asked if Ordinance No. 98-721A had been before the Transportation Committee. Mr. Cotugno said yes.

Councilor McLain said that when Ordinance No. 98-721A comes to the full Council, she plans to propose an amendment based on a proposal by Rex Burkholder of the Bicycle Transportation Alliance. Councilor McLain’s motion to amend Ordinance No. 98-721 in the Transportation Committee failed by a vote of 1/2.

Chair Naito opened a public hearing at 1:50 P.M. No one came forward to testify. Chair Naito closed the public hearing at 1:50 P.M.

Chair Naito said the phrase “non-single-occupancy vehicle mode split targets” is very unwieldy, and asked Mr. Cotugno to try to find a phrase that is more user-friendly.

Councilor McCaig thanked staff for the clear manner in which the supporting material for Ordinance No. 98-721A was presented in the agenda packet.

Councilor McLain will carry the ordinance to the full Metro Council.

4.  RESOLUTION NO. 97-2587, FOR THE PURPOSE OF CONFIRMING THE APPOINTMENT OF ELAINE WILKERSON TO THE POSITION OF DIRECTOR OF THE GROWTH MANAGEMENT DEPARTMENT

Mike Burton, Metro Executive Officer, presented the resolution.

Councilor McCaig asked Executive Officer Burton why a national search was not held for this position.

Executive Officer Burton said there is no requirement to do a national search. Ms. Wilkerson was appointed because Metro needs someone who understands Oregon law and the intensity in which Metro is involved in a unique planning process, and who can bring the experience of having carried out some of those activities at a local level. He said he made the judgment call to appoint Ms. Wilkerson.

Councilor Morissette requested to move the resolution after committee discussion.

Councilor McLain gave Ms. Wilkerson her congratulations and welcomed her to Metro.

Councilor McCaig welcomed Ms. Wilkerson to Metro. She asked Ms. Wilkerson to briefly describe how she views her role in Metro, what she perceives to be the major challenges that Metro will face as a government, and her understanding of the differences in how the challenges are perceived between the Executive and the Council.

Ms. Wilkerson said she sees her role as helping to solidify regional partnerships and demonstrate that Metro is both a good listener and good leader. Ms. Wilkerson said that everyone has a very important role in the process and everyone should play his or her role. Staff’s role is to advise, make recommendations, and assist.

Councilor McCaig said she is concerned that the Council is becoming increasingly driven by its local government partners. She said there will be moments when Metro will need to represent the interests of the future. She said Ms. Wilkerson’s position is particularly important in advising the Council of when it should be a good partner, and when it may need to be a leader. Ms. Wilkerson agreed.

Executive Officer Burton said the Council may want to discuss the status of the region with itself and the region’s citizens. He said planning is a ground-up process, and the role of the director of Growth Management is to help jurisdictions maintain their sense of separate identity, while at the same time assisting the Council in its long-range vision for the region.

Chair Naito said she has asked Ms. Wilkerson, Executive Officer Burton, Mr. Cotugno, and Charlie Ciecko, Director of Regional Parks and Greenspaces, to come to a committee work session on March 3, 1998, to discuss the vision and interaction of this agency. Chair Naito said the committee will defer additional conversation on those issues until the work session.

Councilor Morissette will carry the resolution to the full Metro Council.

5.  RESOLUTION NO. 97-2588, FOR THE PURPOSE OF APPOINTING MEMBERS TO THE WATER RESOURCES POLICY ADVISORY COMMITTEE

Mark Turpel, Senior Program Supervisor, presented the resolution for Rosemary Furfey, Senior Regional Planner.

Chair Naito asked if all of the nominees are agency appointments. Mr. Turpel said yes.

Councilor McLain will carry the resolution to the full Metro Council.

6.  REVIEW OF THE REQUEST FOR PROPOSALS FOR THE SURVEY OF URBAN RESERVES PRODUCTIVITY ANALYSIS

Mr. Turpel reviewed the Request for Proposals (RFP) and asked the committee for its comments and recommendations. He recommended that the Council approve the RFP quickly, so that the work will go forward regardless of the Council’s decision on the sequencing of urban reserve planning and the movement of the UGB. He received written comments from Mike McKeever of McKeever/Morris, Inc. concerning the draft RFP. A copy of Mr. McKeever’s memo is included in the meeting record.

Councilor Morissette said he supports moving forward with the RFP and productivity analysis, but feels that studying only the first tier urban reserves is insufficient and not cost effective.

Chair Naito asked Mr. Turpel how much it would cost to do a productivity analysis of all the urban reserves.

Mr. Turpel said the budget includes funds to study all of the urban reserves although it would increase the time line. He explained the reasons for staff’s recommendation to determine the productivity of the first tier lands and then study additional lands as needed.

Councilor McCaig questioned the decision to begin the productivity analysis before receiving a decision from the Land Use Board of Appeals (LUBA) on the urban reserves under appeal.

Chair Naito said she did not recall litigation on the lands designated as first tier. The Council needs to carefully evaluate the next land that would be considered beyond first tier and consider public reaction.

Councilor Morissette said the Council needs to have as much information as possible about all of the urban reserves. He recommended studying the acres outside of first tier that are not under appeal.

Councilor McLain said the RFP allows the Council, at any time, to request that additional lands be studied. She stressed the importance of making the productivity analysis and designation of the 2040 design types parallel processes.

Councilor McCaig asked how many acres meet Councilor Morissette’s criteria as non-first tier land that is not under appeal. Mr. Shaw estimated 15,000 acres. The exact number will not be known until the petitioners have filed their briefs.

Chair Naito said she is concerned that outlying areas may get prematurely riled up if their land is studied now, since it will not be added to the UGB for up to fifteen or twenty years.

Councilor Morissette said that if people do not like the fact that they are in an urban reserve, they are probably riled up already. He asked the committee to modify the RFP to include lands not currently under appeal.

Chair Naito opened a public hearing 2:23 P.M. No one came forward to testify. Chair Naito closed the public hearing at 2:23 P.M.

In response to a question from Councilor McCaig, Mr. Turpel explained the reason for the RFP’s quick timeline.

Councilor McCaig and Mr. Turpel discussed the funding component of the RFP.

Councilor McLain said the purpose of the RFP is to have starting place to calculate yield and public facilities capacity in first tier. She said it is critical for the Council to understand how the productivity study fits in with the adoption of the 2040 design types on the same acreage.

Councilor McCaig expressed concern that if the Council views the region parcel-by-parcel, it will lose the cumulative effect of its actions. She said the next phase of expanding the UGB will be very difficult, and she does not want to be boxed in by making decisions about the 15,000 acres.

Councilor Morissette said that regardless of the Council’s preferences, fifty percent of the needed land has to come into the UGB this year, unless a time extension is granted. Councilor Morissette said he does not support a time extension because the Council has had enough time to disrupt the market with its planning.

Councilor McCaig said she would have preferred to have discussed capacity as a Council during the urban reserves decision.

Chair Naito said the committee appears to be caught in a couple of places. First, the State has set a time frame. Her goal is to move the committee forward and not discuss time extensions at this time. She said she sees this initial productivity analysis as necessary before master planning can begin. She said she will support moving the productivity analysis as a phase one with the first tier. She said it is likely that the Council will look at a phase two in the future, and hopefully the Council will have a better idea at that point of where some of the appeals are so that it can look at the entire urban reserves. She asked the committee if the process of the RFP is acceptable: rather than having the productivity analysis reviewed by the full Council, a committee would be set up, with a Council representative, to evaluate the submitted proposals.

Councilor Morissette echoed Councilor McCaig’s frustration.

Councilor McCaig asked if there is a provision in the RFP to allow the contractor to approach the Council early in the process if it appears that the first tier land will be insufficient. Mr. Turpel said it would be possible to delay phase two of the RFP, public facilities, until the productivity analysis is complete, so that if the Council does not like the number it can act at that time.

Councilor Morissette suggested imbedding extensions into the contract, so the Council will not be locked into a contract if it decides to increase the study area. He said this approach would address his fiscal concern.

Chair Naito summarized the committee’s goals and asked legal counsel for suggestions.

Mr. Shaw asked the committee to clarify whether it wants the productivity analysis to provide enough information to add half the established need, or the full need.

Mr. Turpel said staff has been considering the full need.

Mr. Shaw said the quick timing and fast turnaround was due to the requirement that half of the need be added in one year.

Councilor Morissette said the Council needs to look at the whole piece and then phase it where it is logical with the best possible information.

Chair Naito said the committee discussion does not appear to have reached a conclusion. She said the committee could set the matter for the full Council hearing. She asked for additional comments on the RFP.

Mr. Turpel said the project is broken into phases because there was concern that if staff analyzed all 18,570 acres of land, it might send a signal that first tier designation is meaningless. In addition, there is concern that the 4,100 acres in first tier will not be sufficient.

Councilor McCaig suggested that the contractor, after analyzing the first tier, recommend to the Council which acres, not under appeal, should be studied for the next phase. Chair Naito and Councilor Morissette agreed. Chair Naito asked staff to add the language to the contract.

Councilor McLain said it is inappropriate to ask a consultant for an opinion on where to go next, and violates the past work of the Metro Advisory Policy Committee (MPAC) and other advisory groups.

Chair Naito said the recommendation would come back to this body, and then go through the regular channels.

In answer to a question from Councilor McCaig, Mr. Turpel explained that delaying a decision by the committee would squeeze the time line for adding half the established need to the UGB by the end of 1998.

Councilor McCaig said she supports a process in which the Council requests that the full need be studied, but in such a way that the Council would receive information on the first tier urban reserves first.

Mr. Turpel said the committee seems to have expressed two ideas. First, if the first tier urban reserves do not appear sufficient for half of the established need, staff should return to the committee as soon as possible. The second idea concerns a consultant recommendation and the issue of criteria. While the consultant is doing the productivity analysis, the committee could establish its criteria. Then, the consultant could recommend which additional acres to study, based on the committee’s criteria. The consultant could then begin task two, public facilities, and finally, present all of the information to the Council so it can make its final decision.

Chair Naito asked Mr. Turpel to incorporate these ideas in an amended draft RFP. She asked the committee if it would prefer to bring the RFP back to committee in two weeks or send it to the full Council. Due to the time line, Chair Naito said she would prefer to have the amended draft RFP go directly to the full Council. Chair Naito said the committee is making decisions on the most difficult and critical part of the process, and said the committee discussion was very good and helpful.

7.  COUNCILOR COMMUNICATIONS

Chair Naito said she has set a work session for the committee to discuss some of the growth planning issues mentioned at the last committee meeting, such as regional funding issues. She offered to talk with Presiding Officer Jon Kvistad about discussing larger policy issues of growth management and transportation planning and funding at Council. The committee agreed.

Councilor McLain requested that Chair Naito schedule a discussion about next year’s budget items for the Growth Management Services Department.

Chair Naito thanked Councilor McLain for attending the committee meeting.

There being no further action before the committee, Chair Naito adjourned the meeting at 2:59 P.M.

Submitted by,

Suzanne Myers

Council Assistant

i:\minutes\1998\grwthmgt\02038gmm.doc

ATTACHMENTS TO THE PUBLIC RECORD FOR THE MEETING OF FEBRUARY 3, 1998

The following have been included as part of the official public record:

Oral Testifiers (testimony cards included)

Ordinance No. 97-710

 Edward Starkie