METRO COUNCIL GROWTH MANAGEMENT COMMITTEE

Tuesday, October 13, 1998

Council Chamber

Members Present:  Jon Kvistad (Chair), Don Morissette, Rod Monroe

Members Absent:    None

Also Present:    Susan McLain

Chair Kvistad called the meeting to order at 1:38 P.M.

1.  CONSIDERATION OF THE OCTOBER 6, 1998, GROWTH MANAGEMENT COMMITTEE MEETING

2.  PUBLIC HEARING ON POSSIBLE MOVEMENT OF THE URBAN GROWTH BOUNDARY (URBAN GROWTH BOUNDARY), WITH EMPHASIS ON URBAN RESERVE SITES 4, 5, 14, AND 15

Chair Kvistad opened a public hearing at 1:39 P.M.

Councilor Morissette asked Mark Turpel, Senior Program Supervisor, Growth Management Services, if he had completed a map displaying with urban reserve sites are inside or outside of Metro’s jurisdictional boundary. Mr. Turpel said the map was ready and present.

Doug McClain, Planning Section Manager, Clackamas County, introduced the members of his team. He encouraged the committee to include the approximately 600 acres in sites 14-15 in the UGB because the sites are all considered Tier 1 urban reserve land, and contains no Exclusive Farm Use (EFU) lands. He said Clackamas County and the City of Happy Valley received a grant from Metro to develop a master plan for the two sites, and they expect to complete the plan in June 1999. He said the Rock Creek Community Association has developed its own statement of vision which is principally consistent with Metro’s 2040 Future Vision. He said sites 14 and 15 rated high in the productivity index and potential serviceability, although the area has transportation problems.

Bill Brandon, City Administer, City of Happy Valley, said the city supports the inclusion of sites 14-15.

John Fregonese, 421 SW 6th Ave., Portland, OR, 97204, planning consultant for Clackamas County, spoke in support of adding sites 14-15. He said the urban reserve master planning could be developed rather quickly, and that it would be logical to add sites 14 and 15. He described the Sunnyside Road realignment project and said it was already projected and budgeted, and solutions for transportation problems had been worked out. He said planning this urban reserve expansion as part of the Sunnyside Corridor integration would make planning possible that would not be feasible if the sites were planned separately. He said there is significant private sector interest in assisting the neighborhood groups and he hopes this would be an easy and non-controversial area to bring into the UGB.

Ty Wyman, Bogle and Gates, representing Albertson’s Food and Drug Stores, spoke in support of including area 15. He said the site is not under appeal and there is no known opposition, thereby making it an ideal first choice for inclusion into the UGB.

Jeff Kleinman, Attorney at Law, 1207 Southwest Sixth Avenue, Portland, represented Sarah and Stephen Eraker and Ken and Carolyn Hoffman. He said his clients’ properties, a total of 54 acres on Monnner Road, had originally been included in URSA 15 until it was removed at the last minute. He said his clients appealed and were able to amicably resolve the appeal through assistance from Metro and Clackamas County. Mr. Kleinman submitted a letter from the City of Happy Valley stating its support to include this clients’ properties. He said the properties are fully services and are located on the least steep part of site 15. He said it was his understanding that the sanitary service would have to cross these properties if it were to be extended, so it would be much more cost effective to include the property. He strongly advocated inclusion of these properties in the UGB.

Councilor Morissette asked if site 16 was supposed to be included. Mr. Fregonese said he was referring to sites 14 and 15 in the current urban reserve plan. He said the map used by Councilor Morissette may be out of date.

Councilor Monroe asked Mr. Fregonese to point out the Eraker/Hoffman properties on the map. He asked if their planning had included school siting yet.

Mr. Fregonese said no, they were only planning for the Sunnyside Corridor, and they had only done incidental work on the broader area surrounding the corridor. He said North Clackamas School District and Clackamas County had been very successful in providing school sites in advance of need.

Councilor Monroe said that before he votes next month he wants more specific information on how school siting needs will be met. He also asked for a letter from North Clackamas School District stating that it are satisfied its needs are being met in the planning.

Mr. Fregonese said state law requires a master plan to include a school site plan.

Mr. McClain said he had already had some conversation with the school district, but there was no specific information at this time showing adequate school siting for the area since the master plan had not yet been produced.

Councilor Monroe said he wants school sites to be identified and plan for acquisition, either through donation or otherwise, to be in place so the Council can be sure the appropriate sites are reserved for schools.

Councilor McLain referred to the Metro Code just passed regarding timelines and commitments. She said she heard them give their commitment and asked if they had discussed timelines.

Mr. Kleinman said there had been discussions with various special districts towards development of the urban reserve master plan. The special districts were familiar with the grant application filed with Metro and, in fact, the North Clackamas School District wrote a letter of support for the grant.

Councilor McLain asked about the letter from the City of Happy Valley, submitted by Mr. Kleinman. She said the letter refers to property owned by Ken Hoffman and Freda Bower. She asked if the letter and Mr. Kleinman’s testimony refer to the same properties.

Mr. Kleinman said the letter was written to Steven Eraker from Mr. Brandon, and refers to Steven Eraker’s and Ken Hoffman’s properties. He said he does not represent Freda Bower.

Councilor Morissette said he was concerned about Councilor Monroe’s comments regarding designating school sites prior to bringing property into the UGB. He said the Council should consider the infrastructure needs of schools and other services, but it is not in the Metro Code to require the property to be donated or available. He clarified that cities and counties generally note suitable sites for town centers and schools, but it is not appropriate to talk about requiring property to be donated or otherwise available before the land is moved into the UGB. He said doing so could also create legal problems.

Mr. Fregonese said state law requires governments to plan for school sites, but does not require the sites to be dedicated. He said Clackamas County and Clackamas School District have a good record for acquiring good school sites near housing.

Councilor Monroe said he understood the Clackamas School District is one of the best managed school districts and he wanted to make sure the school district is satisfied its needs are being met as additional areas are brought into the UGB.

Councilor Morissette said Councilor Monroe’s explanation answered his original concern.

Jim Lucas, 10206 Northwest Village Heights Drive, Portland, said he is concerned about property he owns jointly with his sister near the Pleasant Valley Golf Course. He said he and his sister were both under the impression that the 10 acre property was to be included in land being brought into Tier 1 Urban Reserves, but found that part of the parcel was planned for inclusion and part was not. He said the property was being split irrationally and asked for the entire piece to be considered for inclusion. He said there had been no objection to this at any public meeting he had attended. Mr. Lucas submitted a highlighted map of his property, a copy of which is included in the meeting record.

Chair Kvistad said he recalled that this area had been in Tier 2. Mr. Turpel said that was correct.

Robert Douglass, Equity Group Real Estate, said he had spoken with Doug McClain at Clackamas County and other property owners south of site 14 who all wanted to be inside the UGB. He said the area included approximately 200 acres to the north of Highway 212 and abutted the UGB on two sides. He said the land already had services, such as sewer and water, and made sense as far as transportation because Highway 212 as well as 172nd Avenue provide alternatives to Sunnyside Road. He pointed out the sites in question on the map in the chamber.

Chair Kvistad said in order for the land to be considered for inclusion in the UGB, Mr. Douglas would need to answer questions about master planning, services, and governance.

Mr. Douglass said the master plan had not been put together at this time. He said he understood they were considering bringing the property into the UGB now and then the master plan would be developed in conjunction with Clackamas County.

Chair Kvistad submitted written testimony from Ruth Barber and said she would be following up with the Councilors individually at a later time.

Chair Kvistad closed the public hearing at 2:17 P.M.

3.  COUNCILOR COMMUNICATIONS

Councilor Monroe asked if the committee would receive a status report on urban reserve sites 4 and 5 in North Multnomah County.

Mr. Turpel said an urban reserve plan has been initiated in that area. He said Metro, as part of a group of agencies, applied for a Transportation Growth Management (TGM) grant, of which a portion was funded. He said there have been several open houses in that area and a preliminary master plan has been prepared by McKeever/Morris Inc.

Councilor Morissette requested for the next meeting area maps and updated First Tier Urban Reserve maps noting the areas where governance is in the works. He asked if it would be difficult to fulfill his request.

Mr. Turpel said they should be able to gather the maps, along with the other items Councilor Morissette asked for at the last meeting.

Councilor Morissette asked him to review the urban reserve numbers to make sure they are current.

Chair Kvistad said the Council will be forced to make mosaic decisions, as some of the sites will have governance without master planning, some will have master planning but no service provisions, and some will be missing transportation options or other items. He said the Council will try to have an overview of all the components available so it can make its decisions.

Councilor Morissette suggested it would be good to have a map for the overhead projector so property owners can point out their concerns.

Chair Kvistad said there would be a new set of quadrangle maps for the Council showing all of the urban reserve areas as soon as possible, and the maps would be displayed as they were during the urban reserve process.

There being no further business before the committee, Chair Kvistad adjourned the meeting at 2:22 P.M.

Respectfully submitted,

Suzanne Myers

Council Assistant

i:\minutes\1998\grwthmgt\10138gmm.doc

ATTACHMENTS TO THE PUBLIC RECORD FOR THE MEETING OF OCTOBER 13, 1998

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

Oral Testifiers (testimony cards included)

Public Hearing

Doug McClain

Bill Brandon

John Fregonese

Ty Wyman

Jeff Kleinman

Jim Lucas

Robert Douglass