June 18, 1998

Council Chamber

Councilors Present: Jon Kvistad (Presiding Officer) Ruth McFarland, Ed Washington, Lisa

Naito, Don Morissette, Patricia McCaig

Councilors Absent: Susan McLain (phoned in for a portion of the vote)

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

None.

None.

None.

None.

None.

6.1 Consideration meeting minutes of the June 11, 1998 Regular Council Meeting.

moved to adopt the meeting minutes of June 11,

1998 Regular Council Meeting.

seconded the motion.

The vote was 6 aye/ 0 nay/ 0 abstain. The motion passed with Councilor

McLain not voting by phone.

6.2

was removed from this agenda by the Presiding Officer and will

be placed on the July 2, 1998 Regular Council agenda.

8.4

, For the Purpose of Confirming the Appointment of Judy Rice

to the Metropolitan Exposition Recreation Commission.

Metro Council Meeting

June 18, 1998

Page 2

This resolution was considered at the beginning of the meeting to accommodate Ms. Rice’s

presence at the meeting.

moved to adopt Resolution No. 98-2664.

seconded the motion.

told of Ms. Rice’s experience.

commented that Ms. Rice would be a great asset to the Commission.

The vote was 6 aye/ 0 nay/ 0 abstain. The motion passed unanimously of

those present. Councilor McLain chose not to vote by phone.

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.

moved to adopt Ordinance No. 98-730C.

seconded the motion.

said

“It is my privilege to bring forward for your consideration and adoption

Ordinance No. 98 730C

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The Stream and Floodplain Protection Plan. The plan’s goal is to

restrict development in floodplains to avoid the damage that results from floods, such as

happened in 1996. The other main feature of Title 3 is to protect our rivers, streams, springs and

wetlands

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to protect them from erosion and development and to enhance water quality for future

generations.

Metro will again be a national leader in protecting the environment and the livability of our

region by adopting this ordinance. There are some cities that have adopted some of the features

of stream protection but Title 3 sets a national precedent because:

•

Urban Similar procedures adopted elsewhere are rural or forest provisions

•

Regional 24 cities and 3 counties

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recognize that streams don’t recognize

man-made distinctions such as city limits.

Local jurisdictions will have 18 months to change their zoning and comprehensive plans to

achieve compliance with Title 3, and the Metro Council has strengthened citizen opportunities to

participate with cities and counties, as they comply with Title 3.

Background

The vision for this water protection ordinance stems from Council action taken in 1996

−

some of

the Councilors here today deserve the credit for planting the seed of this ordinance. After the

1996 floods, citizens were greatly concerned about flood related damage and the resulting costs to

our community. Many citizens of the region support Metro’s vision for a limited UGB expansion

and some greater density in certain areas, but only if livability in the community is maintained

−

to maintain livability, we must protect our water

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rivers streams

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from development.

Metro Council Meeting

June 18, 1998

Page 3

Much work and public involvement has taken place to bring you this final product today.

Extensive work by Metro advisory groups:

•

Water Resource Policy Advisory Committee released preliminary drafts last year

•

Review and work by our local government advisory committee MPAC, composed of

elected officials who will ultimately make this work on the ground

•

Review by MTAC, the Metro Technical Advisory Committee which includes local

planning directors

−

again to make sure this plan is workable at the local level.

There were four workshops in communities throughout the region by our Metro staff to inform

and to write comment and participation in Title 3. The full Council has had 3 public hearings this

year and Growth Management Committee had public testimony on 4 occasions.

We have worked to address some of the concerns raised by citizens and industry representatives,

while staying true to the goals set out by the Council in 1996. The process has been inclusive, and

maybe longer than some would have wanted, but I believe the result is a better product.

Key Points in Title 3

Protected Water Features

•

Title 3 wetlands - wetlands of metropolitan concern

•

Rivers, streams

•

Springs

•

Natural lakes

Flood Management

•

Limit development in the floodplain

•

Development, excavation and fill must maintain a increase flood storage capacity and

not increase the level of flooding area

•

Balanced cut and fill

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soil if an area is filled with soil, it must be balanced with soil

removal to maintain storage capacity

•

on contained areas of hazardous material are prohibited in Flood Management areas

Water Quality Performance Standards were established to protect water quality and provide a

vegetated corridor to separate protected water features such as streams and wetlands from

development. The development benefits of this are to maintain water quality by protecting water

features from erosion and pollutants, to maintain or reduce stream temperatures and to stabilize

slopes.

We adopt a table specifying the width of the vegetated corridor, which depends on the slope. The

minimum width of the vegetated corridor or buffer zone is 50 feet - on primary water features

(streams, wetlands, lakes), and on steep slopes, it increases to 200 feet.

•

Intermittent streams, secondary water features, there is a lesser requirement.

•

Prohibit development that will have a significant negative impact on a water quality

reserve area

•

May allow:

•

no practicable alternative

•

development limited to the least impact

•

must be mitigation to ensure the function of the water quality resource are

restored.

Another main point of Title 3 is flood management. Development was limited in the flood plain,

we adopt a policy of balanced cut and fill, if soil in one area was removed it must be balanced

Metro Council Meeting

June 18, 1998

Page 4

with like amount to maintain the ultimate storage capacity of that area. We also prohibit

uncontained areas of hazardous material in the flood management areas. We recognize that bodies

of water, wetlands change over time but that predictability was needed for the integrity of the

land use system so in adopting the maps we have set out ways to make sure that local

governments could apply either by adopting code language to protect the water features or to

adopt a field verified map, a process was specified for this to occur. We also made sure that if

there were map errors, amendments must be started within 90 days at the local level, there must

be public hearings prior to adopting a map to ensure that the public was involved. We also require

that the maps were updated with periodic review at the local government level.

We have enhanced notice for implementation of Title 3 at the local level by requiring a public

hearing and notice to be mailed to effected land owners where there will be changes in the local

government statutes.

In conclusion, by creating the Model Ordinances and adopting the Metro maps of Title 3, we

complete an important element of the Urban Growth Management Functional Plan and the

Regional Framework Plan. We join with local governments and citizens in continuing to bring to

life a unique vision for our community.”

She thanked the staff and the public for their participation in the process.

said, “when we passed the Regional Urban Growth Goals and Objections in

December 1995, a commitment was made by this Council and its regional partners to manage

watersheds to protect, restore, and ensure the integrity of streams, wetlands, and floodplains, and

their multiple biological, physical, and social values. The vote today is another step in the

accomplishment of that goal. Title 3 will provide a strong but flexible structure that will allow

communities around the region to continue the goal of protection of water resources in a variety

of ways.

The Model Ordinance and Title 3 Maps gives our partners additional tools for this significant

work. Metro will continue on the

of providing standards for conserving, protecting and

enhancing fish and wildlife habitat. Stormwater management and nonpoint pollution reductions

must also be addressed.

I would like to thank our advisory groups for all of their assistance and their analyses of this

document. The Water Resource Policy Advisory Committee (WRPAC), Metro Technical

Advisory Committee (MTAC) and Metro Policy Advisory Committee (MPAC) discussions and

review improved the product and created a good foundation for the next chapter of watershed

planning and protection.

I would like to thank Metro staff, especially Rosemary Furfey, Ken Helm, and Larry Shaw. Their

work has been professional and extensive.

The strength of this decision is that we know it is an important step, but only one of the first steps.

We must continue to expand our knowledge and tools for water protection and water quality

issues. Finally, public participation has been extensive and essential in this process. We must

continue to encourage involvement and input from all sectors of the community in this effort to

maintain and improve livable qualities in all areas.

Metro Council Meeting

June 18, 1998

Page 5

A vote

on Title 3 is a vote for a better community and higher standards for water quality and

flood management and mitigation. It is my pleasure to reaffirm this crucial commitment to our

wetlands.”

She noted that there had been a lot of work done for this very important document to protect

watersheds. She said she would vote in support of the ordinance.

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

was called but did not appear.

, National Marine Fisheries Service, Portland Branch, 525 NE Oregon St.

Portland OR 97232 said he was one of the individuals interested in salmon issues. He noted

formal written comments he had previously submitted to Council (a copy of which may be found

in the permanent record for Title 3). He spoke in support of Title 3 as a necessary building block

for the long term survival of salmon in the Metro region. He was concerned that Title 3 needed to

be more explicit about retaining not only the riparian vegetation but also the course woody debris

that was produced when riparian vegetation decayed, especially in the smaller streams. He urged

Metro to help jurisdictions in any way possible to reduce the time necessary for compliance with

Title 3 because the salmon habitat in the Metro region were severely degraded and delays would

make it worse.

, Audobon Society of Portland and the Natural Resource Group for the Coalition of

a Livable Future, 5151 NW Cornell Rd Portland OR 97210 supported Title 3. He repeated his

appreciation of the hard work, particularly Councilors McLain and Naito. He acknowledged

staff’s hard work that had been put into the product, Rosemary Furfey, Susan Payne, Larry Shaw,

Elaine Wilkerson, Ken Helm. He said a room had been reserved for Monday evening at the

Lucky Lab on SE 9th & Hawthorne for a celebration of the passage of Title 3 and invited

interested parties to attend.

, PO Box 1944, Lake Oswego, OR 97035, said he had been before Council for

almost half a decade on this matter and believed the end result was a good one. He said there

were still some things that needed to be addressed but he knew that would come once the field

data started coming in. He acknowledged Council and staff’s hard work on the issues involved in

drafting the document..

closed the public hearing.

said he did not want his no vote today to reflect the idea that he did not

think protecting streams was important. He reiterated that his concerns still centered on the 50’

setback and people’s property rights. He said he believed that the activities were overly restrictive

and inflexible. He said although it was important to protect the environment, it was also important

to consider the economic ramifications.

thanked everyone who was involved in the process. He felt it was a very

good document.

congratulated Councilors Naito and McLain. He said this decision

had been difficult for him because of private property rights and takings. He said preserving the

environment within the urban area was very important to him also and he would be voting in

favor of this ordinance.

Metro Council Meeting

June 18, 1998

Page 6

noted that Dan Cooper had several memos to be submitted into the record.

, Legal Counsel, noted the two memos. The first explained some typographical

corrections to some erroneous cross references would be done before it was published and the

second memo clarified that word changes to Section 5 of Title 3 were not substantive but

grammatical corrections. He said the amendments to Title 3 were based on Goals 6 and 7 and not

on Goal 5.

commented on some points Mr. Liverman had submitted in his letter. She noted

that the definition of “debris” specified man made objects and not vegetation. She also noted that

it was to be considered minimum requirements for the region. She closed by relating some

disturbing facts as to why Title 3 was needed. She said there were 213 miles of streams and rivers

in the Metro region which did not meet water quality standards. She mentioned the 390 miles of

streams that had been lost to development in the past and the recent flood damage. She urged an

aye vote.

The vote was 6 aye/ 1 nay/ 0 abstain. The motion passed with Councilor

Morissette voting no and Councilor McLain voting by phone.

8.1

For the Purpose of Authorizing the Executive Officer to

Execute an Intergovernmental Agreement with the Oregon Parks and Recreation Department for

Management of Property in the Sandy River Gorge Target Area.

moved to adopt Resolution No. 98-2658.

seconded the motion.

reviewed the Resolution. She said the resolution would

transfer management responsibilities of the property to the Oregon Parks and Recreation

Department. She urged support of the resolution.

The vote was 5 aye/ 0 nay/ 0 abstain. The motion passed with Councilors

McLain and Washington being absent from the vote.

declared a potential conflict to the next resolution. He said he would step

out. He said he did not have a problem with the rest of the agenda and it had been good working

with Councilor Naito.

8.2

, For the Purpose of Authorizing the Executive Officer to

Execute an Intergovernmental Agreement with the Tualatin Hills Park and Recreation District for

the Management of Property in the Cooper Mountain Target Area.

moved to adopt Resolution No. 98-2659.

seconded the motion.

Metro Council Meeting

June 18, 1998

Page 7

said this was an intergovernmental agreement to

transfer the authority for management of property to the Tualatin Hills Park and Recreation

District.

The vote was 4 aye/ 0 nay/ 0 abstain. The motion passed with Councilors

McLain, Washington and Morissette absent from the vote.

8.3

For the Purpose of Authorizing the Executive Officer to

Execute an Intergovernmental Agreement with the City of Portland for the Management of

Property in the East Buttes Boring Lava Domes Target Area.

moved to adopt Resolution No. 98-2660.

seconded the motion.

reviewed the resolution. She said it would

provide better access to a portion of the Springwater Trail and urged support.

The vote was 4 aye/ 0 nay/ 0 abstain. The motion passed with Councilors

McLain, Washington and Morissette absent from the vote.

thanked the council for the pleasure of serving with them on the Metro Council.

She resigned as Chair of Growth Management and thanked her colleagues.

congratulated Councilor Naito on her election and many weeks of

Metro service. He said he knew she would be a good addition to the County Commission.

said they had enjoyed having her on the Council. She congratulated

Councilor Naito on her new position and wished her good luck.

appointed himself as Chair of the Growth Management Committee

due to the vacancy left by Councilor Naito.

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

adjourned the meeting at 2:55 p.m.

Prepared by,

Chris Billington

Clerk of the Council

Document

Number

Document Date Document Title

TO/FROM RES/ORD

Metro Council Meeting

June 18, 1998

Page 8

061898c-01

6/18/98

Councilor McLain

Title 3 remarks for the

record

TO: Metro

Council FROM:

Susan McLain

Ord No. 98-

730c

061898c-02

6/18/98

Findings and

Conclusions -

Ordinance No. 98-

730c Amendments to

Title 3

TO: Metro

Council FROM:

Larry Shaw

Ord No 98-730C

061898c-03

6/17/98

Memo on Section 5 of

Title 3

TO: Metro

Council FROM:

Dan Cooper

General Counsel

Ord No 98-730C

061898c-04

6/17/98

Memo on errata for

Ordinance No. 98-

730C

TO: Dan Cooper

General Counsel

FROM: Ken

Helm Assistant

Counsel

Ord No 98-730C