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HomeMy WebLinkAboutAgenda Packet - 2009-10-06 �OFLAKEOSN,f c..90 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 6, 2009 6:30 p.m. OREGON Council Chambers 2009 City Council City Hall Jack Hoffman, Mayor 380 A Avenue Donna Jordan, Council President Roger Hennagin Also published on-line: http://www.ci.oswego.or.us Kristin Johnson Contact: Robyn Christie, City Recorder Mary Olson E-Mail: rchristie@ci.oswego.or.us Sally Moncrieff Phone: 503-675-3984 Bill Tierney The meeting location is accessible to persons with disabilities. To request accommodations, please contact Public Affairs at 503-635-0236, 48 hours before the meeting. Page# 1. CALL TO ORDER 2. ROLL CALL 3. PRESENTATIONS 3.1 Clackamas County Commissioner, Ann Lininger 3.2 Watershed Hero Award to Palisades Girl Scout Troop 40447 3.3 LOIS Update 3.4 Fire Safety Week Proclamation 1 3.5 Oregon Cultural Day Proclamation 3 3.6 Army's Community Covenant Program and the Oregon Flag Fund Program 5 3.7 Governor's 2009 Fitness Leadership Award, Eric Lider 4. CONSENT AGENDA • The consent agenda allows the City Council to consider items that require no discussion. • An item may only be discussed if it is pulled from the consent agenda. • The City Council makes one motion covering all items included in the consent agenda. City Council Regular Meeting Agenda 1 October 6, 2009 4.1 REPORTS 4.1.1 Resignation of Gregory Frank from the Transportation Advisory Board 9 Action: Accept Resignation 4.2 MINUTES 4.2.1 July 21, 2009, regular meeting 13 4.2.2 July 28, 2009, special meeting 31 4.2.3 August 18, 2009, special meeting 47 4.2.4 September 1, 2009, regular meeting 59 Action: Approve minutes as written END CONSENT AGENDA 5. ITEMS REMOVED FROM THE CONSENT AGENDA 6. CITIZEN COMMENT The purpose of citizen comment is to allow citizens to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing. A time limit of five minutes per citizen shall apply. 7. PUBLIC HEARING 7.1 Resolution 09-59, adjusting the budget for fiscal year commencing July 1, 69 2009, by adopting a supplemental budget, approving resources/requirements and making appropriations Public Hearing Process: Review of hearing procedure by David Powell, City Attorney Staff Report by Carol Bryck, Assistant Finance Director Testimony will be taken in the following order: those in support, those in opposition, and neutral testimony. • 10 minutes for a representative of a recognized neighborhood association, homeowner association, or government agency, or other incorporated public interest organization; • 5 minutes for other persons. Questions of Staff Discussion Motion: Move to adopt Resolution 09-59 City Council Regular Meeting Agenda 2 October 6, 2009 8. REPORTS 8.1 Boones Ferry Road Refinement Concept 85 8.2 Metro's Making the Greatest Place Program and Urban Reserves in the 101 Stafford Basin 9. INFORMATION FROM COUNCIL This agenda item provides an opportunity for individual Councilors to provide information to the Council on matters not otherwise on the agenda. Each Councilor will be given five minutes. 9.1 Councilor Information 9.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees 10. REPORTS OF OFFICERS 10.1 City Manager 10.1.1 Review of Council Schedule 10.2 City Attorney 11. EXECUTIVE SESSION Closed Session under authority of ORS 192.660 (2) (d) conduct deliberations with persons designated to carry on labor negotiations 12. RETURN TO OPEN SESSION 13. ADJOURNMENT CABLE VIEWERS: the Regular City Council meeting is shown live on Channel 28, at 6:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Wednesday 7:30 p.m. Thursday 7:00 a.m. Friday 2:30 a.m. Saturday 12:00 p.m. Sunday 4:00 p.m. Monday 11:00 p.m. Watch Council meetings live wherever you are via live streaming video at mms://www.ci.oswego.or.us/live. City Council Regular Meeting Agenda 3 October 6, 2009 CITY COUNCIL/ LORA TENTATIVE SCHEDULE DATE . MEETING Friday, • LOIS Launch, 11:45 a.m. — 1:00 p.m. October 9 Monday, Study Session, 6:00 p.m. Main Fire Station October 12 • Real Estate Overview Seminar(Bruce Wood/Will Denecke) Tuesday, Study Session, 6:30 p.m. Council Chambers October 13 • Public Safety Practices/Accreditation Process • Review of Infrastructure Master Plans Tuesday, Regular Meeting, 6:30 p.m. Council Chambers October 20 • Quarterly Financial Update— 2009/2010 Budget • WEB Refinance • Recognition of the Skylands Neighborhood as a Neighborhood Association • Willamette Shore Rail Line IGA Public Hearing • Annexation of 13401 Atwater Lane (Ord. 2544/AN 09-0003) Redevelopment Agency Meeting, following Council Thursday, • Tour Luscher Farm and Stafford area, 4-6 p.m. October 22 Monday, Study Session, 6:00 p.m. WEB/Willamette Room October 26 • Historic Resources Advisory Board • Development Review Commission • Library Advisory Board • Transportation Advisory Board • Sustainability Advisory Board Tuesday, Study Session, 6:30 p.m. Council Chambers October 27 • Annexation Approach • Clean Streams • Lot Coverage for Institutional Uses October 28- Railvolution Conference November 1 Tuesday, Regular Meeting, 6:30 p.m. Council Chambers November 3 • LOIS Update • Photo Contest Winners • Assign Program manager for Tigard/LO Water project • Master Fees and Charges Update (study session) Public Hearing Monday, Cancelled November 9 Tuesday, Cancelled November 10 Tuesday, Regular Meeting, 6:30 p.m. Council Chambers November 17 Public Hearing • Clean Streams • Appeal of LU 09-0009, DRC decision on 16715 Phantom Bluff BOLD ITEMS—New issues added to schedule Items known as of 10/1/09 CITY COUNCIL I LORA TENTATIVE SCHEDULE DATE. MEETING Wednesday, Study Session, 6:00 p.m. WEB/Willamette Room November 18 • City Design —Gordon Price, Simon Fraser University Monday, Study Session, 6:30 p.m. WEB/Santiam Room November 23 • Preparation for Goal Setting Tuesday, Regular Meeting, 6:30 p.m. Council Chambers December 1 • LOIS Update • Unsung Hero Awards Public Hearing • Master Fees and Charges Update • Lot Coverage of Institutional Uses (LU 09-0004) _ Monday, Study Session, 6:00 p.m. WEB/Santiam Room December 7 • Planning Commission • Parks and Recreation Advisory Board • 50 + Advisory Board • Natural Resources Advisory Board Tuesday, study Session, 6:30 p.m. Council Chambers December 8 • Follow-up to Goal Setting Preparation Monday, Study Session, 6:00 p.m. WEB/Santiam Room, if needed December 14 Tuesday, Regular Meeting, 6:30 p.m. Council Chambers December 15 • Sustainability Update Public Hearing Tuesday, Cancelled December 22 To Be Scheduled • Streetcar Update (Doug Oblitz— may be combined with tour) • Joint meeting with the Planning Commission and DRC -Visioning • Joint meeting with the Lake Corporation Board • Attainable Housing (Councilor Hennagin and Paul Lyons) • Refer Congregate Care Housing Ord. to Planning Commission • Union contracts • Review Draft Economic Development Strategy • First and B Project • Joint meeting with the School Board • Emergency response Plan (before the end of the year) • Report on Intergovernmental Relations Program • Implementation of Matrix report (Spring 2010) • Foothills Redevelopment Agreement • Municipal Finance • Wastewater Utility Rate Analysis • IGA with the Bureau of Environmental Services for Tryon Creek (removed from 10/6) BOLD ITEMS—New issues added to schedule Items known as of 10/1/09 3 .4 Trocfa,mation 10-6-09 WHEREAS, the City of Lake of Lake Oswego is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, roughly 3,000 people die as a result of home fires and burns, more than 200,000 individuals are seen in the nation's emergency rooms for burn injuries; and WHEREAS, thermal burns outnumber scalds nearly two-to-one, but for children ages five and under, scalds outnumber burns roughly two-to-one, and WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating equipment and smoking are the leading causes of home fire deaths; and WHEREAS, the City of Lake Oswego first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WI-IEREAS, the City of Lake Oswego residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WIIEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2009 Fire Prevention Week theme, "Stay Fire Smart! Don't Get Burned," effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week, and year-round. THEREFORE, I, Jack D. Hoffman, Mayor of the City of Lake Oswego do hereby proclaim October 4-10, 2009, as Fire Prevention Week throughout this City, and I urge all the people of the City of Lake Oswego to protect their homes and families by heeding the important safety messages of Fire Prevention Week 2009, and to support the many public safety activities and efforts of the City of Lake Oswego fire and emergency services. i L I 1�fj�'�/ f�� ; E3 �V r (')A d � i 1 Jack D Hoffman, Mayor to October 6, 2009 s y` 1 3 . 5 .' r 10-6-09 :rocun egon ay of Cu(ture WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for more than two decades; WHEREAS, October 8 marks the anniversary of Oregon's unique culture tax credit; WHEREAS,heritage, arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; WHEREAS,humanities, humanities and arts enhance and enrich the lives of every American; WHEREAS, arts, humanities and heritage play a unique role in the lives of our families, our communities, and our country; WHEREAS,the nonprofit cultural industry also strengthens the U.S. economy by generating more than$166.2 billion in total economic activity annually and by supporting the full-time equivalent of over 5.7 million jobs; WHEREAS, events celebrating all these positive attributes will take place in Oregon from October I through October 8, 2009. NOW, THEREFORE,BE IT RESOLVED, that we, the Lake Oswego City Council do hereby proclaim Thursday, October 8, 2009 as Oregon Day of Culture in Lake Oswego and call upon our citizens to celebrate, participate in and give to Oregon culture in our community and, specifically, to take action for heritage, arts and humanities in our towns and cities. Jack D. Hoffman, Mayor � � October 6 2009 ;�,t i�(u)rl 7 ,i, t r r d ✓ a- re "r ,a E�C nt (J Qa NtU } 9 �gb l ^ Ht' ldCc�°n6 P 3 J1;ovtinxEOSwFco 3 ■ 6 CITYI / OF LAKE OSWEGO COUNCILREPORT10-6-09 OREGON TO: Jack D. Hoffman, Mayor Members of the City Council Alex D. McIntyre, City Manager FROM: Robyn Christie, City Recorder SUBJECT: Resolution 09-60, supporting the Clackamas Community Covenant Program DATE: October 1, 2009 ACTION Adopt Resolution 09-60, supporting the Clackamas Community Covenant Program. DISCUSSION At the request of Councilors Jordan and Olson staff has prepared a resolution supporting the Clackamas Community Covenant Program. The Community Covenant Program is designed to foster and sustain effective state and community partnerships with the Oregon National Guard and other Military Services to improve the quality of life for soldiers and their families, both at their current duty stations and as they transfer to other states. RECOMMENDATION It is recommended that Council adopt Resolution 09-60, supporting the Clackamas Community Covenant Program. ATTACHMENTS 1. Resolution 09-60 2. Clackamas County Covenant — Our Pledge to Military Families Sustainabiify'has been considered as part of this recommendation. Reviewe \ ‘ / Alex D. tyre , City Man .er 5 RESOLUTION 09-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO SUPPORTING THE CLACKAMAS COMMUNITY COVENANT PROGRAM WHEREAS, the City of Lake Oswego recognizes that Oregonians serving the Oregon National Guard and other Military Services have contributed greatly to the welfare of our state and our nation; and WHEREAS, the strength of our service members from all branches comes from the strength of their families and the communities they call home; and WHEREAS, the Community Covenant Program is designed to foster and sustain effective state and community partnerships with Oregon National Guard and other Military Services to improve the quality of life for soldiers and their families, both at their current duty stations and as they transfer to other states. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that the City of Lake Oswego supports the Clackamas Community Covenant — Our Pledge to Military Families, and is committed to: • Creating a welcoming transition for returning veterans and their families. • Working with other government partners to connect our veterans and their families with critical information for support and assistance throughout the deployment cycle. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 6th day of October, 2009. AYES: NOES: EXCUSED: ABSTAIN: Jack D. Hoffman, Mayor ATTEST: Robyn Christie, City Recorder APPROVED AS TO FORM: David D. Powell, City Attorney Resolution 09-60 6 Page 1 of 1 HONOR Clackamas Community Covenant VETS Our Military r Families May 1 2009 Clackamas Community College is committed to: ,. Assisting military members and all veterans with employment,education,and .'-.7"---,_ --• i reintegration services. Honorary Citizen * Creating new initiatives and partnerships to expand services and support to military Congresswoman Darlene Hooky U.S.Representative 1997-2(11)9 members,veterans,and their families. r > 1 Clackamas County is committed to: President Joanne Truesdell Providingfreeassistanceto and their familiesd for state and Clackamas Community College veterans advocating federal VA benefits. 0 ✓Nr Working with business and community partners to connect veterans to employment, services,and programs to ensure veterans are a vibrant,respected and well-served r ommissioner Jim Bernard community within Clackamas County. Clackamas County r j41i4 s The City of Oregon City is committed to: Mayor Alice Nor ,-, - Working seamlessly with other government partners to connect Oregon City e' Oregon cyry veterans and military family members with critical information for support and �/ assistance throughout the deployment cycle, f* ' Creating a welcoming transition environment for returning City of Oregon City Honorable lades L.Deibert employees and their families. Civilian Aofde theen the Secretary Fair and legal employment that encourage andprotect our returning Army fipracticesg military members. ri flier General Bruce Prank f g Oregon y Guard, regon Military Department The Department. of the Army, the Oregon National Guard, the Army Reserve and the State of Oregon recognize: COL Mark Rauabaarn Oregonians serving the Oregon National Guard,the U.S.Army on Active Duty,and OSMS General Foreman and camp in the Army Reserve have contributed greatly to the welfare of both our state and our Withycombe Commander nation. ti �j The strength of our service members from all branches comes from the strength of &... e. 4,414 their families and the communities they call home. Honorable Bill Kennemer State of Oregon Representative Camp lrhithycanrhe and the Oregon Sra, tcainment Maintenance Site are committed to: Honorable Martha Schrader Writing and e-mailing deployed full-time employees once each week until they State of Oregon Senator return home. Initiating an"Adopt a Family"program and contacting military families once a month as an active part of their support group. Chair Chandra Brown Pacific Northwest Defense C Coali' gon LeOslaativ°e Leaders are committed to: Creating veteran friendly legislation that recognizes the sacrifices and needs of ia€f� 4 t service members and their families. Mai.Gen.(Rut;)Curtis A.Loop Building support for service members and units within their districts. President Columbia River Chapter, Association of the United • Ensuring service members receive employment protection. states Army,and Army Reserve Ambassador for Oregon ? Removing barriers to military families in accessing state and local services and resources. 60(0, ' KW- '-''-'-'' Mai.Gen.(Rer.) Pacific Northwest Defense Coalition is committed to: Daniel A Hitchcock Vice Chairman for Operations, Providing essential equipment resources for our military members. Oregon Employer Support of the Guard and Reserve,and Supporting the educational and community needs of military families. Army Reserve Ambassador for Oregon An employment networking service for military members. 7 ootKEns,t. 4. 1 . 1 c,„„„,„ CITY OF LAKE OSWEGO 10-6-09 COUNCIL REPORT ofEGO$ TO: Jack D. Hoffman, Mayor Members of the City Council Alex D. McIntyre, City Manager FROM: Robyn Christie, City Recorder SUBJECT: Resignation of Gregory Frank from the Transportation Advisory Board DATE: September 29, 2009 ACTION Approve the resignation of Gregory Frank from the Transportation Advisory Board, Sustainability has been considered as part of this recommendation. Reviewd II Alex D. NIcInt r Y City Man 9 L�Mr 4.2 10��,,u, osipfco CITY OF LAKE OSWEGO 10-6-09 COUNCIL REPORT °RMGON TO: Jack D. Hoffman, Mayor Members of the City Council Alex D. McIntyre, City Manager FROM: Robyn Christie, City Recorder SUBJECT: Approval of Minutes DATE: September 29, 2009 ACTION Approve minutes as written. ATTACHMENTS • July 21, 2009, regular meeting • July 28, 2009, special meeting • August 18, 2009, special meeting • September 1, 2009, regular meeting Sustainability has been considered as part of this recommendation. Reviewed by\ 1 °a Alex D. l' re City Manager / 11 riodii...,Eost,,,,. CITY COUNCIL REGULAR MEETING , MINUTES July 21, 2009 °e[6°N Mayor Jack Hoffman called the regular City Council meeting to order at 6:35 p.m. on July 21, 2009, in the City Council Chambers, 380 A Avenue. Present: Mayor Hoffman, Councilors Jordan, Moncrieff, Olson, Tierney, and Johnson. Councilor Hennagin was excused. Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Joel Komarek, Project Director, LOIS; Jane Heisler, Communication Director, LOIS; Jordan Wheeler, Management Analyst; Police Chief Dan Duncan; Detective James Petersen; Detective Kevin Webb; Jonna Papaefthimiou, Natural Resources Planner; Laura Weigel, Neighborhood Planner; Joel Komarek, LOIS Project Director; Susan Millhauser, Sustainability Planner Youth Council Present: Youth Councilor Silbert • Moment of Silence in honor of C. Herald Campbell The Council held a moment of silence in honor of C. Herald Campbell, a former mayor who died recently. 3. PRESENTATIONS Mayor Hoffman recognized Boy Scout David Rawlins from Rivergrove School, who was working on his communications merit badge for his second-class scout ring. Mayor Hoffman acknowledged Joel Komarek, LOIS Project Director, for his 15 years of service with the City. He noted that Mr. Komarek held a degree in civil engineering from Portland State University. He reviewed Mr. Komarek's history with the City, noting his tenure as City Engineer for six years before moving over to the special sewer and water system projects. He thanked him for his service. Mayor Hoffman recognized Robyn Christie, City Recorder, for her 10 years of service. He reviewed her duties as City Recorder, City Elections Officer, and a member of the City's management team. He noted that she recently completed her Master's in Public Administration from Portland State University, and received her Master Municipal Clerk certification this year. He thanked her for her service. He commented that Ms. Christie's absolute fairness in all matters relating to elections and her loyalty to the elections process epitomized the trust that citizens could have in the American political system. Elections Officers like Ms. Christie made sure that anyone interested had a fair shot during an election. 3.1 LOIS Update Ms. Heisler reported that the work on the Bryant/Kelok phase was 80% complete. She expressed their hope that the City could open Bryant Road in mid-August, instead of at the end of August. She mentioned meeting with the residents of Pioneer Court off Bryant Road to coordinate their access to their street, as it changed almost every day. City Council Regular Meeting Minutes Page 1 of 17 July 21, 2009 13 She presented several photos illustrating the work and equipment used on the lake, including installing new manholes, the big crane, and the supply barge. She commented that the contractors were very conscious that they were working in residential areas. Mr. Komarek mentioned that tether bracket prototype tests began this week at the Portland facility with which the City contracted to conduct the tests in order to confirm that the design and materials were sound. He indicated the contractor expected to increase the number of ground anchors installed per day, once they moved out of the difficult ground conditions in the West End. The contractor also expected to start installation of the piles in the east arm of the lake that would support the above water trestle. He indicated that the team has started preparations for the lake down and Bryant Road pump station phases. The team was working with the owners of two large floating docks, which would not be supported properly during the lake down phase, to figure out how to get them out safely and reassembled after the lake returned to full. He mentioned that the City would provide water to the Oswego Lake Country Club for irrigation during the lake down phase, as the Country Club drew its irrigation water directly from the lake. He reported that the team had a hearing at the Design Review Commission on the Bryant Road pump station on August 3; they anticipated approval. The team would then start the pre- qualification process in October and start bidding in December, using a process similar to that used for the lake full phase. Ms. Heisler mentioned that Northwest Construction Magazine interviewed Mr. Komarek and Mr. Holland; the issue should come out in September. She noted the Lake Oswego Review article last week on the team's communication plan. She reported that the team has completed the Alder Point easement agreement. In addition, the team has conducted several successful boat tours with different groups and neighborhood associations, which gave people a better understanding of the project. She mentioned the second webisode, which should come out in the next couple of months. She discussed their outreach efforts regarding the West Bay manhole stabilizations; five different property owners had docks, decks, vegetation, or boathouses built over manholes or the sewer. She indicated that there were also six manholes in the lake that would be either eliminated or retrofitted; the team was communicating with the neighbors regarding the removal of the vegetation currently growing on the manholes. She described the project management software used by the LOIS Project team to track a variety of elements, including public comment and outreach. She explained that this program provided a caller's name and contact information so that a team member could contact the concerned citizen to resolve his/her issue. Mr. Komarek indicated that he anticipated being a bit ahead of schedule on completing the Kelok/Bryant Road project. He said that the team had no information at this point indicating that they could not meet the schedule for the lake full phase. He explained that they have seen some schedule slippage in the Bryant/Foothills pump station design phase due to the decision to use a qualifications-based process for general contractors. He noted that this project was not on the critical path of meeting the City's obligations under the MAO. He reported that, to date, the project expenditures totaled $16.5 million. He indicated that the new $1.5 million related to progress payments on the lake full project and the Bryant/Kelok project, and to expenditures on the lake design and Bryant/Foothills pump station design (both 90% complete). Mr. Komarek indicated to Councilor Tierney that the additional change orders on the Bryant/Kelok project involved relatively nominal amounts related to encountering unknown utilities. He said that they were still in the $100,000 range for total project overage. Councilor Tierney asked what Mr. Komarek's anticipated concerns were in the lake full phase related to total project costs. Mr. Komarek pointed out that, although the City has done its due City Council Regular Meeting Minutes Page 2 of 17 July 21, 2009 14 diligence regarding the characteristics of the submerged ground, it was unseen and untouchable ground. He explained that they used program and risk management techniques to set up how to deal with these risk factors, should they occur. Councilor Tierney asked if Mr. Komarek had any anticipated construction bidding or materials issues of concern. Mr. Komarek noted that, in the last two months, the team has seen a 10% hike in stainless steel prices. He mentioned the stimulus projects starting to ramp up and putting pressure on petroleum fuel and product prices. He described the shortage in skilled labor entering the construction market as driving up labor costs. Councilor Jordan asked to see a schematic of the design for the pump station with the change to a green roof. 3.2 Internet Survey Update Ms. Christie reviewed the staff and citizen members of the Internet Survey Project Committee. She introduced Doss Struse and Sandy Intraversato, two market research professionals who sat on the Committee. She thanked them for volunteering their professional expertise to work on the project. Ms. Intraversato reviewed the history of the survey project, which began during the Hammerstad Council, as another method of obtaining more strategic-oriented insights for Council and staff in support of the visioning process. She noted that the industry has found that Internet surveys are a good way to go, especially in a city like Lake Oswego with an Internet penetration of almost 80%. She explained that the "Let Us Know, LO" survey would have two parts. The first part would gather baseline data, similar to the data gathered in the community survey, which would provide the City with longitudinal analysis over time on questions of satisfaction and involvement. The second part would allow the Council to see what the priorities of citizens were, in terms of quality of life and City governance. Mr. Struse noted that City staff needed information to guide their implementation of Council direction and policies. He discussed the Committee's intent to devise a program that would return information in a systematic way about how important things were relative to each other in the minds of the citizens. This effectively set priorities from the citizens' perspective because the respondents chose which issues were important to them, as opposed to rating each issue on a scale. The intent was to bring back data that differentiated the importance of issues, as opposed to everything coming back as equally important. He noted that, over time, they needed to hit the balance between the high-level needs and the staff's informational needs for making things go smoothly. He indicated that they would need to do half a dozen surveys in order to meet this objective. Using a PowerPoint presentation, he presented an example of the kind of survey that the team would develop. It would have a structured sequence using 15 to 20 items that gradually led the respondents to differentiate the relative importance of those items. He mentioned that there were different levels of specificity in questions that the survey could ask, depending on the needs of the City. He noted the aggressive timetable for the survey. Ms. Intraversato pointed out that a big milestone on the schedule was recruiting enough respondents. She described the methods they would use to recruit people, including a recruitment letter on City letterhead and putting information on the City website and in other City publications. She expressed their hope that people would respond within two weeks of receiving the recruitment letter (to be sent out on August 3), but commented that they might have to extend that due to vacations. She emphasized that they were looking for a quantifiable sample of participants from the City (500+) to respond out of the 1,200 recruitment letters sent out. She commented that, because this was all online, they could calculate the results and provide them to Council quickly. City Council Regular Meeting Minutes Page 3 of 17 July 21, 2009 15 Councilor Tierney thanked Mr. Struse and Ms. Intraversato for volunteering their expertise on this additional public engagement component. He commented that issues came and went in the community. He asked if the survey would use constant questions or varied questions based on the issues of the moment. Mr. Struse indicated that, while they would have some consistent questions to track trends over time, the bulk of the survey would vary based on the informational needs of the City. He commented that, with the community survey only taken every two years, the Council was dependent on people coming to the meetings and outreach programs to get public feedback; this method probably did not provide a balanced picture of the broad mass of the community. He said that the intent behind this survey was to provide that broad picture as a supplement to other sources of information. He indicated to Councilor Tierney that they wanted to select people at random in order to have a basis to say whether the sample was representative of the population or not. He said that the idea was to recruit people to serve for a term, and then to invite a new group to serve for the next term. Councilor Olson thanked Ms. Intraversato and Mr. Struse for their volunteer service. She referenced a growing problem in home phone survey results, due to cell phones becoming the primary or only phone number that people had; this tended to leave young people out of the surveys. She pointed out that a similar problem existed with Internet surveys, only it affected an older age group. Mr. Struse indicated to Councilor Olson that they would address that concern by offering those without Internet access a paper copy for mail-in. He explained that they were not working off phone numbers but rather off the City's master utility file, which provided a good mapping of legal residents and dwellings in order to obtain a good coverage of the population. He said that they would check to see if the characteristics of the volunteers matched census estimates. He pointed out that if this survey did not reach the young people any better than phone surveys have over the last couple of years, then they would have to determine whether that was a fatal flaw or if they could work around it. Councilor Olson concurred that the Committee would need to allow extra response time in August because of vacations. Councilor Moncrieff thanked Mr. Struse and Ms. Intraversato for volunteering their time. She described this as an excellent communication tool for the City. She asked if it would be used for both long-term trends and specific issues. Mr. Struse said that he hoped it would be. He commented that it would be a challenge to develop appropriate questions to address both those types of issues, but they would try to find the balance. Ms. Intraversato confirmed to Councilor Moncrieff that they hoped this would also work as a long-term planning tool for the departments. Councilor Tierney asked if the City could use this survey to ask about the complex issue of sensitive lands. Mr. Struse indicated that they could quickly gauge to what extent people were paying attention to the issue on a headline level, what their gut reaction was, and what their knowledge level about it was. He noted the additional layer in a survey of providing information on topic, which might then change the respondent's opinion. He recommended using the survey to find out whether the sensitive lands issue was on people's radar, and to what degree they were involved with it. Once they knew that, they could then test different ways to communicate with people. He commented that it was such a complex issue that he would be hesitant to take anybody's answer at face value unless he/she had extensive knowledge about it. City Council Regular Meeting Minutes Page 4 of 17 July 21, 2009 16 3.3 First Addition Alley Project Update Mr. Wheeler gave a PowerPoint presentation. He reviewed the background of the project. He mentioned that FAN was platted with alleyways in 1888; the City adopted the FAN plan in 1996. The plan included a goal to require the improvement of all platted alleys to a level that would allow use of the alleys for garbage and recycling collection and for vehicle parking access. He noted that the alleys provided relief to the street system, a secondary access to properties, and a utility corridor. He displayed pictures illustrating the uses of the alleyways and the vegetative encroachments. He noted that alleyway maintenance has been minimal over the years due to limited enforcement and other maintenance and funding priorities. He indicated that currently there was a mix of street and alleyway garbage and recycling pickup. He reviewed the process of the project, which began a year ago with a study of garbage and recycling pickup in FAN, and then an analysis of costs and scope of project. As a result of that study and analysis, Council directed staff to undertake the project to reclaim the alleys and move garbage and recycling back into the alleys for all residents. He described the work completed by staff, following the project kick-off in January 2009, to communicate with the residents and to establish the legal width of the right-of-ways. He presented pictures illustrating the markers identifying the centerline of the alleyways. He reported that the Neighborhood Clean-up Day in April went very well with many residents participating in trimming vegetative encroachments and filling up three 30-yard drop boxes provided by Allied Waste. He informed the Council that Treecare and Landscapes, the contractor staff hired to complete the encroachment removal work, did so by the beginning of July. He indicated that this project delivered 100 cubic yards of yard debris to the Lake Oswego Parks system for recycling to meet park needs. He presented a series of before and after photos to illustrate the success in achieving the objective of reclaiming the alleyways, while maintaining the neighborhood character. He reviewed the next steps in the project, including staff work for gravelling the alleyways, communicating necessary information to residents, and completing any touch-up work on left over encroachments. He mentioned that staff would continue to work with the neighborhood to devise a strategy for ongoing assistance in maintaining the alleyways, including phased in enforcement of encroachment violations. He thanked the First Addition neighborhood, Lisa Shaw-Ryan (the Neighborhood Association President), the contributing City staff members, Allied Waste, and Treecare for their help in making this a successful project. As an alley resident, Councilor Johnson thanked Mr. Wheeler for the great job he did in organizing this effort. She commented that she had thought that her alley was relatively clear, yet they took out quite a bit of vegetation when removing the encroachments. She mentioned that a major element in maintaining the alleyways was educating people on what the legal right-of-way widths were. Councilor Olson complimented Mr. Wheeler on this well-managed project and Ms. Shaw-Ryan for her persistence in bringing this matter to the Council's attention. Councilor Jordan concurred with the previous comments. She commented that one of the most important things to come out of this was that if the Council approved a neighborhood plan, and there were parts to it that were key in making the neighborhood plan work, then the Council had to put the effort behind seeing that those parts happened. She speculated that, going forward, the Council would have a clearer understanding of what that meant for the neighborhoods. She said that she looked forward to seeing how FAN began to take ownership of its own plan and maintain the alleys. City Council Regular Meeting Minutes Page 5 of 17 July 21, 2009 17 Mr. Wheeler indicated to Mayor Hoffman that the gravel was the �/ inch crushed rock type gravel. He concurred with the Mayor that a next step needed to be communicating with residents that the alleys were now available for off-street parking, except during garbage and recycling pickup times. 3.4 Police Department Centennial Logo Chief Duncan introduced Detectives James Petersen and Kevin Webb. He reported that his poll last summer of the police department found that, for the Centennial celebration, they would like a new look for the uniform. He convened a volunteer committee to develop ideas on an appropriate historical look for the uniform. He reported that they had an estimated $7,500 in the budget for this project. He said that the department would like to keep its proposed new look for the next century, and not return to the current look after the Centennial year. Detective Webb presented the proposed changes for the uniform badge. He mentioned that, in 1910, when the police department was first established in Lake Oswego, there had been a town marshal, who, like most law enforcement agencies at the time, wore a five-pointed star badge. He passed around a drawing showing how the proposed design combined the current badge with this five-pointed star. He described the proposed badge, which would retain the current practice of using silver as the badge for detectives and officers, and gold and silver for `promoted badges.' He explained to Mayor Hoffman that the design included the State of Oregon shield because the State of Oregon granted police authority for the entire state to all Oregon police officers. He indicated that if the Council approved the department keeping this badge past the Centennial celebration, then it would say 'established 1910.' If not, then it would say '100 year anniversary.' Detective Petersen presented the proposed changes to the uniform patch. He recalled that they asked Chief Duncan what changes he would like to see, and the Chief commented that he would like to see what the City represented, why it was founded, and for what it was known. He said that they chose the iron furnace as the inspiration for most of the patch but also included the lake, the river, the trees, the mountain, and the City's parks and dedication to open spaces. He indicated that the patch would have the 1910 establishment in order to show the department's pride in serving Lake Oswego for the past 100 years, and its enjoyment of continuing that service into the future. He presented photos of the changes to the patch. He reported that, through an extensive bidding process with multiple companies, they selected the same company to make the patches as would make the badges. He discussed the costs, noting that the estimated $60 per badge was less than the current price of$85 per badge. He mentioned that the estimated cost of the new patch was also well under the current price for patches. Detective Webb commented that ordering 2,000 patches seemed daunting until one considered that officers had many uniform configurations; they used almost 2,000 patches with the current officers. Detective Petersen indicated that the badge estimate would cover all current officers, retiring officers, and new hires. Councilor Olson expressed her appreciation for the new patches, which she thought were beautiful and a great idea to celebrate the Centennial. She commented that she had never understood why a sailboat was on the City's logo. Councilor Jordan concurred. 3.5 Green Power Challenge Proclamation Councilor Tierney declared that he was an employee of PGE, and recused himself from participating in this proclamation. Ms. Papaefthimiou noted that, as the City's Natural Resource Planner, she advised the Sustainability Advisory Board. She reported to the Council that the Board has endorsed PGE's Green Power Challenge. She explained that most electricity in Oregon was dirty, coming from City Council Regular Meeting Minutes Page 6 of 17 July 21, 2009 18 burning coal and natural gas. However, greener options were available, which the City already purchased for some of its power needs. She described the Green Power Challenge as an opportunity for the City to encourage its residents to switch to green power. She said that if the City met the Challenge, then Lake Oswego would be eligible for membership in the EPA's Green Power Communities Program, to which several Oregon cities already belonged. Lake Oswego would be the first city in Clackamas County to join. She mentioned that, in recognition of this accomplishment, Lake Oswego would receive an outdoor sign noting the City's participation in the program. She mentioned that customers who signed up would receive a free reusable bag with the City logo on it. She indicated to Mayor Hoffman that the outdoor sign would comply with the City's sign code, since City signs were exempt. Matt Briggs, Sustainability Advisory Board member, stated the Board's belief that this green energy challenge, combined with signing people up for the free energy audits offered by the Energy Trust of Oregon, related well to the Board's goal of advising the City and the community on how to best transition from practices destructive to natural systems to actions restorative to those systems. He read the 10 points about global warning from the National Oceanic and Atmospheric Administration listed on page 3 of the handout. He stated that the Board thought that lowering the carbon load through energy efficiency and transitioning was the best way to avoid these consequences. He recalled that Chair Jean Baumann raised the idea of this Green Energy Challenge; the Board studied it and decided that it was a good idea. He mentioned their concern about aggressive marketing tactics, since the Challenge would primarily employ door-to-door solicitation. He spoke of their concern that Challenge canvassers clearly present the three green source energy options available from PGE. He reported that Green Mountain assured them that their canvassers would be courteous and professional, and make the choices clear, as well as not approach any houses with `no solicitation' signs. He mentioned PGE and Green Mountain's estimate that they would get 70% to 80% coverage. He indicated that the announced goal of increasing Lake Oswego's green energy from its current 13% to 15%, which translated to an additional 300 customers. He discussed the leveraging options the canvassers would provide, including free Energy Trust audits, compact fluorescent light bulbs, and permanent shopping bags. He said that PGE would cover the cost of the giveaways. He reiterated the Board's recommendation to the Council to undertake this citywide effort, which would not cost the City anything. He commented that it could be a first step towards a complete climate action plan or consideration of sustainability in future decisions. Thor Hinckley, PGE Manager Renewable Power Program, reminded the Council that last year Lake Oswego was one of the first cities in the country to put in an electric vehicle charging station, to which PGE donated renewable power. He described this Green Energy Challenge as another opportunity for Lake Oswego to make history by becoming the first city in Clackamas County to participate in the Green Power Challenge. He mentioned that the City already purchased sufficient renewable energy to offset more than 1.5 million pounds of CO2. He noted the penetration rate for customers in Lake Oswego already signed up for renewable energy was almost 15%, which he compared to the 2% average percentage nationwide. He applauded the City for taking this step. Mr. Hinckley confirmed to Councilor Olson that the neighborhood outreach would be door-to- door canvassing, as that was the most productive way to engage customers in discussions about renewable energy and sell them on signing up. He mentioned that the power mix in Oregon was not as dirty as in other parts of the country. He said that 40% came from coal, 20% from hydroelectric, 20% from natural gas, and the rest from an assortment of other fuels. He described City Council Regular Meeting Minutes Page 7 of 17 July 21, 2009 19 the tactics that the canvassers would use in going door-to-door, noting that they would not use high-pressure sales tactics. He confirmed to Councilor Moncrieff that choosing either renewable power option counted towards the 300 customers. He indicated that there was a flat monthly fee of just over a penny per kilowatt-hour to get renewable energy. He confirmed to Councilor Jordan that any Lake Oswego customer who signed up for a renewable energy option during the two months of the Green Power Challenge, regardless of whether they did so through a canvasser, would count towards meeting the challenge. Mayor Hoffman indicated that he would sign the proclamation proclaiming a Green Power Challenge in Lake Oswego for August and September 2009. 3.6 Lake Oswego Review and Chamber of Commerce Community Website Brian Monihan, Lake Oswego Review, explained that the intent of this website was to create a hub of information, or a launching pad, in one location listing links to all the different websites serving the Lake Oswego community, including schools, government, business, parks, community service organizations, churches, etc. He recalled his and Mr. Wheeler's conversation a few months ago discussing this community site partnership as part of each organization's goals. Jerry Wheeler, Lake Oswego Chamber of Commerce Executive Director, commented that the Chamber was pleased to announce this partnership with the Lake Oswego Review. He observed that the Chamber's logo with the furnace on it defined the Chamber as an organization that forged partnerships to build community. He indicated that the new website would benefit all businesses in Lake Oswego, as the online business directory would list every business in Lake Oswego, regardless of whether a business was a Chamber member or not. He noted that the database would be Google-searchable, and return Lake Oswego businesses first every time. He described this website as giving the City and the Chamber more visibility. He commented that local businesses could save advertising dollars by advertising in one location and reduce the need to advertise in many locations. He described the site as a one-stop location for everything one needed to know about Lake Oswego. He emphasized that this was a portal site leading to other websites via links. He explained the benefits to Chamber members, such as special recognition on the site and enhanced advertising opportunities. He noted that the Chamber would continue to publish its hardcopy Chamber member business directory. He said that the Review would mail copies to its subscription base, and the Chamber would make the rest available at City Hall and the Chamber office, as well as through mailings. He pointed out that, by partnering with the Review, the website would have fresh content updated on a consistent basis. He indicated that they were driving people to the site who were looking for local Lake Oswego news, and they would promote it through all their available channels. Mr. Monihan said that they hoped to have the website up and running in mid-September with the online business directory available. He noted that the print directory would come out in early January. The Council expressed its appreciation for this economic development effort. 4. CONSENT AGENDA Mayor Hoffman recognized Paul Lyons and Bruce Brown, appointees to the Sustainability Advisory Board. City Council Regular Meeting Minutes Page 8 of 17 July 21, 2009 20 Councilor Jordan moved the Consent Agenda. Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0] Mayor Hoffman recognized Youth Councilor Silbert, who had reapplied for the Youth Council. 4.1 REPORTS 4.1.1 2009 Street Rehabilitation Project(paving) Action: Award a public improvement contract to Knife River Corporation for the 2009 Street Rehabilitation Project in the amount of$207,698.25. 4.2 RESOLUTIONS 4.2.1 Resolution 09-40, authorizing the Mayor to sign an intergovernmental agreement between the City of Lake Oswego and Clackamas County, Oregon,to continue the Local Youth Diversion Program Action: Adopt Resolution 09-40 4.2.2 Resolution 09-45, making appointments to the Transportation Advisory Board Action: Adopt Resolution 09-45, appointing Lisa Klacking, Terry Keyes and David Jorling to the Transportation Advisory Board 4.2.3 Resolution 09-46, making appointments to the Sustainability Advisory Board Action: Adopt Resolution 09-46, appointing Bruce Brown, Paul Lyons, Gregory Monahan to the Sustainability Board, and Lisa Murphy and Amin Wahab as alternates 4.2.4 Resolution 09-47, making appointments to the Planning Commission Action: Adopt Resolution 09-47, appointing James Johnson to the Planning Commission and Robert Greaves as alternate 4.2.5 Resolution 09-48, authorizing an intergovernmental agreement with the Riverdale Rural Fire Protection District providing for the continuation of fire and medical services Action: Adopt Resolution 09-48 4.2.6 Resolution 09-50, making appointments to the 50+ Advisory Board Action: Adopt Resolution 09-50, appointing Janine Dunphy, Ellie McPeak, and Edwin Blossom to the 50+Advisory Board 4.3 APPROVAL OF MINUTES 4.3.1 April 15, 2009, special meeting 4.3.2 April 18, 2009, special meeting 4.3.3 April 20, 2009, special meeting 4.3.4 April 21, 2009, regular meeting 4.3.5 April 27, 2009, special meeting 4.3.6 May 5, 2009, regular meeting 4.3.7 May 12, 2009, special meeting Action: Approve minutes as written END CONSENT AGENDA 5. ITEMS REMOVED FROM THE CONSENT AGENDA City Council Regular Meeting Minutes Page 9 of 17 July 21, 2009 21 6. CITIZEN COMMENT 7. PUBLIC HEARINGS 7.1 Ordinance 2542, a special ordinance of the City of Lake Oswego vacating Patton Street between McVey Avenue and South Shore Boulevard (Council has received a request to continue this hearing to September 1) Councilor Jordan moved to continue Ordinance 2542 to September 1, 2009. Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0] 8. REPORTS 8.1 Resolution 09-26, granting recognition as a neighborhood association to the Birdshill Neighborhood Ms. Weigel noted that she has worked on the Birdshill Neighborhood Association recognition since April; Ms. Seldon worked on it prior to then. She reviewed the City's neighborhood recognition process, which began with neighbors deciding that they wanted to form an association, meeting to identify boundaries and develop bylaws, and electing officers. She noted that the City Attorney's Office reviewed the bylaws. She indicated that the neighborhood sent a formal letter to the City requesting recognition and presented evidence that they have met all the criteria. The Commission for Citizen Involvement (CCI) then reviewed the evidence presented and made a recommendation to City Hall. She noted that Birdshill, along with several other neighborhoods, had an extra step of seeking County recognition as a CPO because it was located partially within the City and partially within the County. She explained that these neighborhoods sought dual recognition in order to facilitate formal communications with both governing organizations. She noted that historically the City has recognized these dual-recognition neighborhoods at the direction of the Urban Growth Management Agreement (UGMA) and the Comprehensive Plan to work in the unincorporated areas on planning their future. She noted that Birdshill had only 9% of its territory within the Lake Oswego city boundaries, as did Rosewood. She said that Birdshill has been working with both the City and the County on recognition since 2003. The City and County agreement in 2007 on bylaws usable for both CPOs and NAs helped move Birdshill along at a quicker pace. She indicated that Birdshill has completed all the steps in the recognition process. She reported that the CCI recommended that the Council recognize Birdshill as a neighborhood association. She indicated that the City provided the same level of service to all City neighborhood associations with no differentiation between county and city. She suggested discussing this issue at next week's study session on the neighborhood planning program. Bryce Linton, Birdshill Neighborhood, expressed his appreciation for staff's help throughout this process. He explained that Birdshill wanted recognition by Lake Oswego because of the broader issues it faced as a neighborhood that were impacted by City of Lake Oswego decisions. He mentioned the sensitive lands overlay, which applied to all parts of the neighborhood. He spoke of issues associated with the Willamette Shoreline right-of-way and the streetcar that would run through the neighborhood. He spoke of participating in the annexation discussions. He expressed the neighborhood's hope that, by becoming a recognized neighborhood association, the neighborhood could participate effectively and constructively with the City. Mr. Linton indicated to Councilor Jordan that the Birdshill neighborhood was partly in the Riverdale School District and partly in the Lake Oswego School District. City Council Regular Meeting Minutes Page 10 of 17 July 21, 2009 22 Councilor Jordan commented that she was glad that the City would have a recognized group representing Birdshill with which to discuss and work through the various issues coming up. She mentioned a question of how the City accommodated Birdshill's interests if it was not paying taxes in the City. Mr. Linton noted that some Birdshill residents paid Lake Oswego taxes. He pointed out that Lake Oswego was also Birdshill's urban services provider, which meant that the neighborhood and the City needed to work together to address issues. Mr. Linton indicated to Mayor Hoffman that they understood that the City's Sensitive Land Ordinance did not currently apply to the neighborhood, but it would upon annexation. Mayor Hoffman mentioned that there were 21 dwelling units in the Lake Oswego portion of Birdshill that paid taxes, 17 of which were households. He mentioned that he bicycled through this wonderful neighborhood on Sunday. Mr. Powell indicated to Mayor Hoffman that the Sensitive Lands Ordinance did not have current regulatory effect in Birdshill, but it did have a consequence with respect to annexation. He explained that if the City had mapped a sensitive lands overlay outside the City's boundaries, then the City's annexation resolution stated that if that resource was destroyed or removed prior to annexation, the City could deny the annexation petition or require mitigation and restoration as a condition of annexation. He said that a second effect was that the overlay would apply automatically upon annexation; the owner could challenge that designation upon annexation through a quasi-judicial process. Mayor Hoffman expressed his hope that the primary motivation behind Birdshill's desire to become a recognized neighborhood association was a desire for annexation, as happened with the Lake Forest and Rosewood neighborhoods. He pointed out that the UGMA between the City and the County signed in 1997 had the understanding that the planning of unincorporated areas would shift from the County to the City because the County was getting out of the urban services business. Ms. Weigel confirmed to the Mayor that Birdshill's bylaws were consistent with the City policy and guidelines documents. Mayor Hoffman noted that the term `citizen advisory committee' (used in a goal for the Association Board) had a different connotation within the City. Mr. Linton confirmed that it was an issue of semantics, as the Association Board did not intend to be something that the City would not allow it to be. Councilor Tierney suggested that Birdshill Board members attend the Council's upcoming study session on neighborhood planning to give their expectations relative to the City, and to hear the City's expectations relative to the Association. Ms. Weigel indicated that she would also invite the members from the other dual-recognized neighborhood boards to provide input. Councilor Olson asked for information on the four other dual-recognized neighborhoods regarding when they came in, how many residences were in the City, and how much they have grown since then. Councilor Moncrieff observed that at, 199 tax lots, Birdshill would be one of the City's smallest neighborhood associations. She asked if there were more neighborhood associations waiting to form within the City's Urban Services Boundary. Ms. Weigel mentioned Skylands. She observed that the City's neighborhood associations ranged from 147 parcels (Skylands) to c. 1,600 (Palisades). Mr. Linton confirmed to Councilor Moncrieff that all parcels in Birdshill were either in the City of Lake Oswego or in unincorporated Clackamas County. He said that the County recognized Birdshill on June 16 as a CPO with the same boundaries as proposed for the neighborhood association. Mayor Hoffman commented that he could not tell from the list whether any Association officers or area representatives lived within Lake Oswego. He asked if the Association tried to get at least City Council Regular Meeting Minutes Page 11 of 17 July 21, 2009 23 one person involved who lived inside the city. Mr. Linton said yes, but it was a question of who would serve; they could not force anybody to serve. Mr. Linton indicated to Councilor Jordan that approximately 21 homes in Birdshill were on sewer service. A resident in the audience indicated that there were other tax lots on Fielding, Stampher, and Iron Mountain Roads that were also on sewer. Mayor Hoffman commented that piecemeal annexation was expensive for the City. He noted that septic tank failures required the City to annex parcels. He spoke of having a discussion with the dual-recognized neighborhoods regarding the sewer/septic tank issue. Councilor Jordan moved Resolution 09-26, granting recognition as a neighborhood association to the Birdshill neighborhood. Councilor Olson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0j Mayor Hoffman welcomed Birdshill to the Lake Oswego community. 8.2 Resolution 09-43, delegating to the City Manager authority to award certain contracts and approve amendments and change orders to contracts relating to the Lake Oswego Interceptor Sewer(LOIS) project Mr. Komarek referenced his description in his report of the statutory authority granted to the City in terms of public contracting rules, including the Council delegating a certain amount of authority to the Public Contracting Officer(City Manager) for awarding contracts on behalf of the City (p. 195). He noted the further discussion in his report of awarding public contracts relative to the unique, large, and complex LOIS project (p. 196). He explained that the staff request tonight was to add another tool to the toolbox of the comprehensive risk management/cost management program that staff developed for the project. He indicated staff's concern that, in the event of an unanticipated event that required a quick response and a contract exceeding $100,000, the Council meeting only twice a month could delay dealing with the event. He emphasized that staff was committing to keeping the Council informed, should an event occur that might cause the Public Contracting Officer to have to award a contract or amendment that was greater than his current authority of$100,000. Councilor Johnson recalled that she had asked early on in this discussion to convene the Council LOIS subcommittee to discuss this issue, yet the report contained no information on that request. Mr. Komarek indicated that this staff request was a result of the staff discussion with the subcommittee regarding the consulting firm hiring a sub consultant to do an analysis of potential risks for the project as part of risk management. Mr. McIntyre observed that the practicality of getting the subcommittee together within a 24 to 72- hour window could prove challenging. He explained that he thought of using the Digest process to inform the Council of change orders so that the full Council could see it, instead of going through the subcommittee. He indicated that, should these large change orders occur in a regular pattern, then it would make sense to call the subcommittee together to look at any symptomatic problems that might be occurring. Councilor Johnson clarified that, for the larger ticket items (between $100,000 and $250,000), she thought the subcommittee should discuss them first, and then staff could put the information in the Digest. Mr. McIntyre indicated that staff could start meeting with the subcommittee on a monthly or bimonthly basis during the construction phase in order to apprise the subcommittee of all activities associated with the project, and to present a more detailed project update than those presented at the Council meetings. Councilor Tierney stated that he supported the resolution because the magnitude of the LOIS project was such that $250,000 was a reasonable number. He stated a second reason as the staff communications with the Council and their provision of information to those interested assured the City Council Regular Meeting Minutes Page 12 of 17 July 21, 2009 24 Council that it had some management control. He pointed out that the bottom line was that the Council would hold Mr. McIntyre and Mr. Komarek responsible for the project. He commented that this resolution did not take away any Council authority but it did give staff the latitude needed to move more quickly. He held that it was an appropriate action at the management level. He recalled that, when he asked about dealing with issues through Council subcommittees at the Council's January goal-setting meeting, the resounding answer was no, as there were no subcommittees. Yet Councilor Johnson just now mentioned a Council subcommittee. He suggested discussing at a future meeting whether the Council had subcommittees to deal with issues. Mr. Powell concurred that Council subcommittees were an important point to discuss. He explained the difference between a Council liaison to staff to receive information and report back to Council and a true Council subcommittee with delegated authority to make decisions or recommendations to the Council. He indicated that a true subcommittee had to comply with the public meeting laws. He suggested that 'subcommittee' in this case really meant a Council liaison. Councilor Olson asked for clarification on the construction process, and how often this situation might arise. Mr. Komarek concurred that the staff could likely catch 95% of these instances with the Council weekly meetings; it was the 5% that staff did not catch that could potentially cause delay. He commented that, while he hoped there would be none of these change orders, realistically they would have some. However, he could not predict their magnitude. He reiterated that this was simply another tool for the staff toolbox to allow a timely and flexible response to an unanticipated event. He commented that staff has done a good job of mitigating the risks to the extent that it could. Mr. McIntyre confirmed to Councilor Olson that his thought was to notify the Council whenever this situation arose, and to provide more information during the LOIS project update. He noted that one of the challenges in managing a project like this was getting the Council up to speed and comfortable with why a change order might be needed in an unanticipated event. He pointed out that a split Council vote added political and legal problems, complicating an already existing field management problem. He said that, from a practical point of view, this increase in authority, for this project only, made sense. He emphasized that nowhere else in the City's operations would he have authority to authorize anything over$100,000. He stated that the intent was to keep the project moving and on schedule, which was in the interest of all parties. Mr. Komarek commented that staff could provide information to the Council more effectively through the City Manager's Office. He mentioned that there was a formal process outlined in the contracting documents for evaluating the legitimacy of a claim and for apportioning the responsibility between the City and the contractor, through which any request for a change order must go. Councilor Jordan indicated that she supported the resolution in order to keep the project moving forward. She commented that the public's concern about change orders stemmed from the recent problem with change orders on the high school project. She asked what the trigger point was to analyze smaller change orders that were actually a $750,000 change order split up into different pieces. She spoke to making sure that staff checked back and reported to Council. She stated her belief that Mr. McIntyre and Mr. Komarek knew what they were doing, and would not do this lightly. Councilor Moncrieff concurred with Councilor Jordan's concerns. She commented that she was comfortable with the process and the system, including the LOIS team's excellent reporting job to the Council. She indicated that, as long as that continued, she was comfortable with the request. Councilor Tierney reiterated that this was a magnitude issue; $250,000 was not an unreasonable amount for a $100 million project. He mentioned Mr. Komarek's willingness to sit down with him City Council Regular Meeting Minutes Page 13 of 17 July 21, 2009 25 and explain the lake full project in more detail. He held that staff had a number of measures in place to give the Council the comfort of not being surprised. Mayor Hoffman concurred. He spoke of the importance of Mr. McIntyre and Mr. Komarek keeping the City Council in the loop, and providing advance notice of any potential problems. He described this as a partnership between Council and the staff. He observed that the City Manager had a variety of ways to communicate with Council. Councilor Tierney moved adoption of Resolution 09-42, Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0] 8.3 Resolution 09-29, adopting strategies and principles to deploy electric vehicles and charging infrastructure Councilor Tierney declared a potential conflict of interest in that he was an employee of PGE, a potential partner in this application. He recused himself. Ms. Millhauser gave a PowerPoint presentation on the staff work regarding electric vehicles and working with regional partners to deploy this technology in Lake Oswego. She noted that the PGE pilot project provided a convenience charging station on A Avenue, just past 2nd Street; the City paid for the power, while PGE paid the additional increment for renewable power. She noted that Shorenstein Properties on their own installed a station at 500 Meadows Drive as part of their new LEED building. She reported that the City of Portland, the State of Oregon, and other regional partners were working with stakeholders to put together an application for stimulus funding to help install more charging infrastructure across the region and the state. This would help governments, companies, and other organizations to purchase more electric vehicles and to convert existing hybrid electric vehicles into plug-in electric vehicle. She indicated that staff joined the regional and state application and made a soft commitment to determine what it would take to convert the City's Priuses to plug-in hybrids, and to install charging stations at City Hall and the Maintenance facility. She explained that the project focus was on installing more infrastructure and vehicles throughout the region, with the first push being installation by employers for their fleet and employee use. She indicated that, if the region received the funding, then, in the first two years of this four-year program, the participants would install infrastructure, buy conversion kits, or purchase electric vehicles. Throughout the four years of the grant, the participants would gather data for the state, which Lake Oswego could also use in determining the cost of electricity to run fully electric vehicles versus fuel costs. She indicated that, if funded, staff would work with local organizations and neighborhood associations to identify places to install additional convenience charging stations, and to connect those interested with the right folks to install the stations. She mentioned that convenience stations did not get a great deal of use because people usually charged their vehicles at home overnight or at work during the day. However, the experts said that these stations needed to be very visible in the community or people would not feel comfortable that they could travel in electric vehicles beyond the current 30-mile range. She indicated to Councilor Moncrieff that electric vehicles also had a speed limit of 30 miles per hour. She mentioned that the newer vehicles coming out next year should have a greater range and speed. She said that three electric-vehicle-makers were looking to Oregon as a testing ground for highway-ready vehicles. She reviewed the staff proposal to consider six basic charging stations for City and employee use, purchasing kits to convert the Prius hybrids, and purchasing one fully electric vehicle in 2011. She indicated that the City's cost share was half the $3,000 cost for the charging stations (which City staff would install) plus the incremental difference between a regular sedan and a fully electric City Council Regular Meeting Minutes Page 14 of 17 July 21, 2009 26 sedan. She mentioned the additional requirement of staff time for data management, invoicing, and documentation. She explained that Resolution 09-29 adopted the memo of agreement (MOA) developed by the City of Portland to lay out the principles and strategies that would guide the regional collaboration, so that everyone would use the same signage and commit to the same type of program. She noted that the MOA also included a commitment to reducing green house gas emissions, reducing vehicle miles traveled by internal combustion engines, promoting balanced transportation systems, and reducing dependence on oil and petrol products. She reviewed the list of actions on pp. 209-210, which participants to the agreement intended to do. She noted that Lake Oswego was already doing or committed to doing many of them. She spoke of thinking about installing charging stations when designing new City facilities, and reviewing City codes to remove any barriers to charging stations. She emphasized that the last paragraph on p. 210 clarified that this agreement stated the intent of the parties and was not a legally binding document but rather a good faith collaborative effort. Councilor Jordan questioned the project title of`Charge Up Greater Portland.' Ms. Millhauser indicated that other local government people had asked for a more creative title than the original 'Charge Up Portland.' She commented that the second title still might change, as it was a concern. Councilor Jordan commented that she thought this was a great idea. She noted that retrofitting existing parking garages would likely be costly, but the City could install charging stations on every floor of future parking facilities. Ms. Millhauser indicated to Councilor Moncrieff that the City's Prius hybrid cars would be highway-ready upon conversion, and not limited to 30 mph and a 30-mile range. She mentioned the neighborhood electric vehicles with their limited range, speed, and safety features. Councilor Jordan asked how the neighborhood electric vehicles complied with the seatbelt law, given that they did not have seatbelts. Ms. Millhauser indicated that the newer vehicles would have seatbelts. Ms. Millhauser indicated to Councilor Olson that the fully electric vehicles cost varied from competitive with a midrange sedan (Nissan) to expensive. Councilor Olson cited Ms. Papaefthimiou's earlier comment that electricity generation was one of the biggest contributors to global warming pollution in Oregon, and that the majority of energy used by homes came from burning coal and natural gas. She noted that the City already purchased mostly clean electricity. She expressed her concern that this effort encouraging electricity use was at cross-purposes with efforts like the Green Power Challenge. Ms. Millhauser said that there have been lengthy Internet chat discussions about this issue. She mentioned the finding that using electricity to power a vehicle (even 100% generated by burning coal) had a lower carbon impact for the miles traveled than using gasoline. She commented that Ms. Papaefthimiou mentioned that in her report because most people believed that the majority of Northwest electricity came from hydroelectric, when in fact investor-owned utilities obtained only a small slice of hydropower. Most of it went to public utility districts or industrial customers. Councilor Jordan moved adoption of Resolution 09-29, to adopt strategies and principles to deploy electric vehicles and charging infrastructure. Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Johnson, and Jordan voting `aye.' [5-0] Councilor Tierney had recused himself from voting. 9. INFORMATION FROM THE COUNCIL 9.1 Councilor Information Mayor Hoffman reported on the Mayors' Institute on City Design, held in Portland from July 15 - 17, with the theme of 'Design Matters'. He explained that each of the West Coast mayors in City Council Regular Meeting Minutes Page 15 of 17 July 21, 2009 27 attendance presented a case study, Challenges and Opportunities, which a panel of eight experts from around the country critiqued. He said that he presented the 1st and B project in trying to decide whether a library would work as a North anchor to the South anchor of Millennium Park. He reported that.the experts said no, because a library would not generate sufficient foot traffic to support the retail; however, a community center with lecture halls and a performance center that did not close before 10 p.m. could work. He indicated that the experts held that Foothills was critical to providing roofs for retail. They spoke of the importance of walking routes and restaurants. He referenced Ellen Dunham-Jones' comments regarding Millennials and Boomers. 77% of Millennials were looking for an urban environment in the suburbs, while 89% of Boomers wanted to live in an existing, walkable community. He mentioned the quote "Boomers have built a habitat that they cannot live in in old age." This was because in the last 10 to 15 years of life, people lost the use of a car, and the suburbs were auto-dependent. He indicated that the presentations were taped, and each mayor would receive a copy of his/her presentation. He mentioned that the experts were impressed with going down to the river and the walking paths in Lake Oswego. He reviewed the many concepts that he had jotted down: • Restaurants as the building blocks for a successful downtown; • Do not always think in terms of a building, but rather design the space within the context of a vision and an overall framework plan; • Development-based strategy; • Building consensus; • Giving people ownership of public sites; • Urban agriculture; • Using national talent; • Keep the car moving during your time and headed towards a destination; • Put a framework in place that is so compelling that it would endure for 25 years through multiple Councils and Mayors He said that they told him that Lake Oswego needed to maximize the number of people with access to the water and the river, and to minimize (preferably eliminate) the sewage treatment plant. They noted that Lake Oswego was all about water, even suggesting making Lake Oswego a waterfront city and pointing out the topographical opportunity to make Lake Oswego interesting. He indicated that someone thought that Lake Oswego needed to develop a growth strategy. He noted the suggestion that the City be opportunistic, while carefully evaluating the pluses and minuses of each site within the context of the greater vision. 9.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees 10. REPORTS OF OFFICERS 10.1 City Manager 10.1.1 Review of Council Schedule Mr. McIntyre reminded the Council that Monday was the mid-year review. He indicated that staff would provide the Council with a detailed update on the status of all the goals. He asked the Council members to let him know if there was anything in particular on which they wanted advance information. City Council Regular Meeting Minutes Page 16 of 17 July 21, 2009 28 10.2 City Attorney Mr. Powell recalled the history of the condemnation proceedings on 706 McVey Avenue for the LOIS project. He reported that staff has reached a condemnation settlement of$855,000 plus $25,000 for costs and attorneys' fees (per Oregon statute). He noted that the settlement amount represented a compromise between the owner's appraisal of$895,000 and the City's appraisal of $800,000. He recommended that the Council adopt a motion approving the settlement terms. Councilor Tierney moved to approve the settlement of the condemnation and the acquisition of the property at 706 McVey for $855,000 plus $25,000 in costs and attorney fees. Councilor Jordan seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Moncrieff, Olson, Tierney, Johnson, and Jordan voting `aye.' [6-0] 11. ADJOURNMENT Mayor Hoffman mentioned several documents available to Councilors, including the City's Citizen Involvement guidelines, the UGMA, and the Neighborhood Planning.document. Mayor Hoffman adjourned the meeting at 9:42 p.m. Respectfully submitted, Robyn Christie City Recorder APPROVED BY THE CITY COUNCIL: ON Jack D. Hoffman, Mayor City Council Regular Meeting Minutes Page 17 of 17 July 21, 2009 29 30 ioswfAi `lea C. ,,_ ,:„, 1 CITY COUNCIL SPECIAL MEETING MINUTES / July 28, 2009 Mayor Jack Hoffman called the special City Council meeting to order at 6:06 p.m. on July 28, 2009, in the City Council Chambers, 380 A Avenue. Present: Mayor Hoffman, Councilors Jordan, Hennagin, Johnson, Olson, Moncrieff, and Tierney. Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Kim Gilmer, Parks & Recreation Director; Laura Weigel, Neighborhood Planner 3. EXECUTIVE SESSION Mayor Hoffman recessed the meeting to Executive Session at 6:06 p.m. under the authority of ORS 192.660 (2) (h) to consult with attorney regarding legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. Mr. Powell reviewed the Executive Session parameters. 4. STUDY SESSION Mayor Hoffman returned the meeting to open session at 6:43 p.m. 4.1 Centennial Update (no written report) Ms. Gilmer introduced the Centennial consulting team: Cindy Thompson and Katie Leseg from Cindy Thompson Event Productions, and Francine Raften from Berger/Abam. The team gave a PowerPoint presentation. Ms. Thompson noted that the goal of the Centennial was to honor the past, celebrate the present, and imagine the future. Ms. Raften discussed the marketing plans, through which they hoped to reach every strata of Lake Oswego. She mentioned developing a logo for the event, developing a media plan, and adding a link on the City homepage to an interactive Centennial website. She reviewed the content of the press conference slated for January 2010 to kick off the celebration. She discussed the ongoing publicity tools available to publicize events. She indicated that the City could also use the contacts database developed through social media, such as Facebook or Twitter, to publicize other Lake Oswego events. Ms. Thompson discussed the event plan. She indicated that the January kick off event would highlight an historical video about Lake Oswego. She spoke of the ambassador program. Ms. Thompson was interrupted by Alonzo Durham who had to come to find out why they tore his house down. She informed him that it was the year 2009 and that they were planning a big party for the City's Centennial Celebration next year. She continued reviewing the event plan. She mentioned the citywide scavenger hunt following the kick-off event. She noted the Centennial Sustainability Dinner at Luscher Farm in July, followed immediately by a large family-type community event to highlight civic and non-profit organizations. She said that they would culminate the year's activities by putting a special time capsule in a vault in Millennium Park. Ms. Raften discussed the community organizing underscoring the activities. She described involving the community at all levels and from all organizations. City Council Special Meeting Minutes Page 1 of 15 July 28, 2009 31 Councilor Jordan asked how the team would incorporate other annual activities, such as the Festival of the Arts, into their plan. Ms. Thompson said that they would reach out to all the organizations with different events throughout the year and discuss how those organizations could tie in their event to the Centennial theme. Ms. Gilmer indicated to Councilor Olson that the logo was a brand logo for the event, and not a new City logo. 4.2 Neighborhood Plan Update Councilor Tierney suggested inviting the Neighborhood Planning Task Force members present to sit at the table. Peter Klaebe, Rosewood Neighborhood Association Chair, Bruce Brown, Uplands Neighborhood Planning Committee Chair, and Adrienne Brockman, Planning Commission, came forward. Ms. Weigel noted that Julia Glisson, Planning Commission, and Warren Bacon, Evergreen Neighborhood, could not attend this evening. • Updates on plans Ms. Weigel presented an update on the status of all the adopted plans. She indicated that the First Addition/Forest Highlands neighborhood had an action plan as part of their original plan; they were active in implementing their plan. Old Town did not have an action chart, and staff has not worked with them to identify their outstanding items. She reported that staff has been working with Lake Grove since 2005 to develop an overlay zone; the neighborhood was now very close to bringing the overlay zone forward to the Planning Commission and City Council. She indicated that Glenmorrie was also developing an overlay zone, and conducting additional neighborhood outreach at this time with the hope of coming before the Planning Commission and City Council early this fall. She reported that Waluga no longer had a separate plan implementation committee; the Association Board took over the work in 2008. Staff met with the Board once a month for 15 to 30 minutes. She commented that, with that one-third of the Waluga neighborhood included in the Lake Grove Village Center Plan, the neighborhood was focusing on the impacts of the plan on their neighborhood. She indicated that Lake Forest was also without a separate plan implementation committee and moving slowly. She gave a comparison of working 600 hours with Lake Grove on plan implementation over the past two years and only 130 hours with Lake Forest over the same time. She pointed out that staff worked with the neighborhoods at the speed at which the neighbors could work. She reported that Evergreen has asked about the next steps of implementing its plan. Staff told them to develop an action chart based on their plan, which staff would help them with. She said that staff was waiting for Palisades, following the adoption of its plan in 2008, to form subcommittees. However, the neighborhood had a new Board that was just getting started. Councilor Hennagin asked what the difference was between implementing the neighborhood plan and the action chart. Ms. Weigel explained that action charts listed the policies, goals, and recommended action measures of the neighborhood plan as action items for implementation. She said that not all neighborhoods developed these charts in conjunction with their plans. She indicated that a major staff goal was developing these action charts with the neighborhoods. Including detailed action charts was also a major goal of retooling the program. Councilor Tierney posed a rhetorical question: if a neighborhood did not have sufficient community involvement or inclination to participate in a neighborhood plan, what was the benefit to the City of doing neighborhood plans? City Council Special Meeting Minutes Page 2 of 15 July 28, 2009 32 • Neighborhood Planning Work Group Ms. Weigel discussed the work of the Neighborhood Plan Work Group. She reviewed the concerns and problems identified by this stakeholders group to solve in re-working the neighborhood planning process. She described how that the planning process took too long, often longer than five years. She discussed how the process has not helped neighborhoods differentiate between specific neighborhood items and general citywide items. She cited the tree code as an example of a citywide item that neighborhoods wanted to address specific to their area. She mentioned the recurring theme of how to manage neighborhood expectations of what these plans could do. She spoke of the confusion of having policies, goals, and recommended action measures without identifying who would implement what. She noted that the relationship between the neighborhood plans, the Comprehensive Plan and the Community Development Code (CDC) was unclear. She commented that, while neighborhoods often thought that developers would follow the policies in a neighborhood plan once adopted, that did not happen without corresponding code language in the CDC. She mentioned the need to clarify where the funding would come from, who would provide it, and when. She spoke of exploring all the options for funding, including City funding in the Capital Improvements Program (CIP) or neighborhood funding through a local improvement district (LID). She discussed the solutions devised by the Work Group to manage a neighborhood's expectations about the neighborhood planning process. She mentioned the recommendation to overhaul the neighborhood planning kit so that it outlined a specific process to follow in developing a neighborhood plan. It would include a revised plan purpose and guiding principles. She spoke of providing a purpose statement for each plan chapter and related questions in order to yield more specific concepts in the plan, while keeping in mind the larger context of Lake Oswego and the region. She indicated that the idea was that the kit would provide sufficient guidance to allow a neighborhood to do much of the planning on its own, while still allowing access to staff as a resource. Staff would work with a neighborhood to develop a specific work plan, and identify which tasks the neighborhood could do on its own and which ones it would need staff assistance to do. She spoke of developing a timeline with milestones. She said that the template would also include neighborhood surveys, as neighborhoods were very interested in using surveys to gather data about the residents' needs and wants. She indicated that the kit already contained a neighborhood character template for neighborhoods to use in assessing their neighborhood character. She described the Work Group's conclusion, as the City should provide neighborhoods with a lot of tools, a clear-cut process, and a clear-cut work plan for developing their neighborhood plans. Councilor Tierney indicated that the key concept was that one model did not fit all, as much depended on the neighborhood and City resources available at the time of the plan development. Ms. Brockman thanked Councilor Tierney for his positive and wonderful contribution. She commented that bringing all the different elements forward at the same time should solve the problem of neighborhoods losing interest in the plan. Ms. Weigel directed the Council's attention to the Neighborhood Action Plan's Relationship to the City Plans and Programs Chart (Exhibit 2), and to the Neighborhood Plan Action Chart (Exhibit 7). She explained that the Neighborhood Action Plan would include the profile, the vision statement, the objectives, the Comprehensive Plan policies, and the Neighborhood Plan Action Chart. The Action Chart would list the CDC language, capital improvements, programs, and projects needed to implement the plan. She indicated that, while the Council would approve the Neighborhood Action Plan as a whole, it would only adopt the portions of the plan relating to the Comprehensive Plan and the CDC. It City Council Special Meeting Minutes Page 3 of 15 July 28, 2009 33 would accept the ideas proposed as part of the CIP and other programs and projects identified by the neighborhood. She clarified that accepting these ideas did not say that a neighborhood was guaranteed funding, but rather it said that the City acknowledged the neighborhood's desire for these projects, and that it wanted to help the neighborhood study project feasibility and potential funding sources in order to move the projects forward. Ms. Brockman described the neighborhood plan as part of the City's capital needs list. Every year the City applied criteria to its capital needs projects in order to prioritize its capital improvements; the plans simply became part of that process, and did not lock the City into anything. Ms. Weigel concurred. Ms. Weigel reviewed a hypothetical example of a Neighborhood Plan Action Chart (Exhibit 7, p.21) to illustrate how it would identify the CDC elements and the capital improvement projects with potential funding sources. She indicated that it would also explore the potential costs and responsibility for the programs and projects desired by the neighborhood. She pointed out that this method represented a major shift in the plans, as this was not how they were set up now. All neighborhood plans would now have basically the same structure. Mr. Brown asked if the Council would use a line item veto method on the list of improvements and projects, as opposed to rejecting the document as a whole because of a few items. Ms. Weigel recalled that in the past the Council has taken individual items out of overlay zones and neighborhood plans that it later adopted. Councilor Moncrieff commented that anything on the action list that was in direct conflict with the Code or Comprehensive Plan would be a line item veto possibility. She said that she agreed with Ms. Brockman's description, in that this process would put the capital improvement items on the City's list and get them in the queue for prioritization. Mr. Brown commented that the staff would have some vetting power to inform a neighborhood of items that they thought the Council would not accept. Councilor Olson concurred that the Council would use a line item veto on the project lists. She commented, as a former Planning Commissioner, that this process represented a huge improvement. She said that she liked the ideas and the approach in this excellent work done by the Work Group. Ms. Weigel indicated to Mayor Hoffman that the other neighborhoods that have approached staff about doing a neighborhood plan included Rosewood, Uplands, Country Club/North Shore, and Forest Hills. Ms. Weigel indicated to Councilor Olson that the neighborhoods that have not yet expressed an interest in a neighborhood plan included Bryant, Oak Creek, Lakewood, and Blue Heron. Councilor Tierney asked Councilor Moncrieff, as someone who recently went through the neighborhood planning process, whether she thought this process would work. Councilor Moncrieff indicated that she thought this was excellent work. She commended the Work Group members for their fabulous job in listening to all concerns and distilling it into an understandable, usable, and workable format. Mayor Hoffman asked which neighborhoods were in line that could use this process. Ms. Weigel indicated that there were two neighborhoods with draft plans in different stages of development: Rosewood and Country Club/North Shore. She noted that Uplands was just now doing neighborhood character surveys. She mentioned Forest Highlands also. Councilor Jordan concurred that this was an excellent change in process and a big step in the right direction. She discussed her two concerns. She asked how the City would measure whether the majority of residents in a neighborhood proposing an overlay zone really bought into the zone. She asked at what point did the plan committee check in with the neighborhood residents to see if they agreed with the plan. She spoke of avoiding a scenario in which a plan committee spent a City Council Special Meeting Minutes Page 4 of 15 July 28, 2009 34 significant amount of time in bringing a plan almost to completion, only to find out that it was not what the majority of residents had in mind. Ms. Weigel commented that bringing the CDC language forward at the same time should help alleviate that scenario. She spoke of having consistent check-ins with the full neighborhood association on the draft plan, including the proposed CDC language, such as occurred with the Palisades plan. Mr. Brown described the neighborhood planning process as a microcosm of the Comprehensive Plan process in using a similar step-by-step process of involving residents in the work, getting feedback, and making revisions. Ms. Weigel discussed the staff's intent to keep asking the neighborhood's planning committee throughout the process the question of who was not represented at the table. She spoke of developing a neighborhood profile to describe the neighborhood demographics and characteristics. She mentioned going out to talk to stakeholders not at the table. She noted that she also built frequent check-ins into the process. Ms. Brockman observed that the Work Group's emphasis has been on developing the planning kit. She said that they have not looked at how to notice residents. She mentioned the possibility of using the water bills, or cable access TV. She commented that, no matter what they did, there would always be some people at the end of the process who said that they had not known about the plan, and that they did not like it. Councilor Olson concurred that the specific guidelines and milestone check-ins included in the kit was key in solving much of that problem. Councilor Tierney indicated to Mayor Hoffman that the staff should incorporate the check-ins and other tools in the planning kit when working with the neighborhood plans in progress in order to avoid the 'I don't like it' scenario at the end of the process. • Staff Questions Ms. Weigel indicated to Mayor Hoffman that one question was whether staff should work with the neighborhoods with adopted plans but no action chart and develop a chart for their plan. She commented that she was kind of doing that with Glenmorrie, Lake Forest, and Lake Grove already. She mentioned that staff has not actively solicited interest from neighborhood associations who have not stepped forward to ask for a plan. She indicated that she was not certain whether informing those associations of this new planning kit would generate interest. Mayor Hoffman observed that 30% of Lake Oswego's population was not eligible for the planning process because they lived in homeowners associations, such as Westlake and Mountain Park. Councilor Hennagin asked whether homeowners associations (HOA) were semi-autonomous, or, like his neighborhood, decided that it did not want a plan. Ms. Weigel explained that large HOAs like Mountain Park had their own governing rules. She indicated that an HOA could request recognition as a neighborhood association, although some HOAs' bylaws might conflict with that. She commented that an HOA would likely have to become a recognized neighborhood association before the City would do a neighborhood plan for them. Councilor Moncrieff asked if neighborhood associations with a large unincorporated population, such as Rosewood, simultaneously sought recognition from the County with the same boundaries. Mr. Klaebe indicated that Rosewood had recognition from the County as a CPO (County Planning Organization). They have been sending copies of their draft plans to the County staff for input and buy-in; they would seek County approval on their plan. Councilor Moncrieff suggested running their CIP projects by both jurisdictions. City Council Special Meeting Minutes Page 5 of 15 July 28, 2009 35 Ms. Weigel summarized the Council comments as agreement with the Work Group's suggested approach. She asked if the Council wanted to see the draft toolkit before she presented it to the Planning Commission and obtained public comment at LONAC and an open house. Councilor Tierney characterized the toolkit on a policy continuum as `administrative.' He commented that the Council would be comfortable with a process so widely vetted and developed with Council input. Mayor Hoffman directed Ms. Weigel to put her memo to the Planning Commission and the toolkit draft in the Council's Digest. Councilor Jordan asked to see a copy that tracked the changes made to the plan resulting from public input. Ms. Weigel discussed the issue of how to work with the dual neighborhoods located in both the City and the County, and what level of service to provide. She reviewed the in-City percentages of the six dual-recognized neighborhoods. She indicated that currently staff made no differentiation in the level of service provided to any neighborhood association. She reviewed the services provided. She commented that, for the dual-recognized neighborhoods lying primarily in the County, plan implementation would likely occur mostly upon annexation, as the City could currently implement it only in a small portion of the neighborhood. Councilor Tierney asked if the County assisted neighborhoods in developing plans as actively as the City did. Ms. Weigel said that she did not believe that the County did so. She recalled asking Lake Forest whether the neighbors wanted a County representative at the planning meetings, and they said not at this time. Mr. Klaebe reported that the County staff did send back comments on the Rosewood draft plan, but they have not sat down with the neighborhoods, as the City staff has done. Ms. Brockman recalled that in the past the City of Portland and Multnomah County have jointly adopted plans and then entered into intergovernmental agreements for City implementation and administration. Ms. Weigel indicated to Mayor Hoffman that the Work Group did not discuss including annexation as a guiding principle or as a bullet point on the action chart. Mayor Hoffman said that he would like the Work Group and the Planning Commission to discuss the issue. He pointed out that the City developed and adopted specific neighborhood plans consistent with the Comprehensive Plan as a means to enhance neighborhood livability and to achieve the desired neighborhood character. He questioned having a Lake Oswego neighborhood association without a plan to become part of Lake Oswego. He mentioned that the intent of the City's Urban Growth Management Agreement (UGMA) with Clackamas County was for the City to coordinate with the County in terms of facilitating annexations. He argued that the only real way to implement neighborhood plans, which were a concept strongly supported by the City, was for the neighborhood to be in the City. He commented that it was not fair to have tree and natural resource protections in one area and not in another. Councilor Jordan recalled a sentiment on previous Councils: if there was a choice between doing a project outside or inside the city limits, the Council preferred to put its money into the projects inside the city limits. She asked how the neighborhood enhancement grant program worked in a neighborhood like Rosewood, which was only 9% within the city limits. Mr. Klaebe described the Mayor's suggestion to address the annexation issue as a valid comment. He mentioned that his neighborhood association became active over annexation issues. He noted that there would always be some residents in Rosewood that would never want to annex to the City, yet there were benefits to doing so. He spoke of a two-way education process for the City and the neighborhood regarding the benefits received in exchange for the taxes paid. Councilor Moncrieff commented that she saw only benefits in using the neighborhood planning process with dual-recognized neighborhoods. She concurred with Ms. Brockman's comment about using the process as a tool for an intergovernmental agreement between the County and the City City Council Special Meeting Minutes Page 6 of 15 July 28, 2009 36 to get projects done. She held that the process was also an excellent educational tool to educate neighborhoods regarding the City Code and Comprehensive Plan. Mayor Hoffman mentioned Hillsboro's new annexation approach of phasing in involuntary annexation with respect to taxes and other things. Ms. Weigel indicated that Paul was researching different annexation strategies used by other jurisdictions. Councilor Olson commented that she saw no benefit in differentiating between neighborhoods completely within the city limits and dual neighborhoods straddling the boundary. She cited the expectation in the UGMA that it was the City's responsibility to work with neighborhoods on planning issues. She spoke in support of welcoming a neighborhood into the city, once the Council approved their plan. Mayor Hoffman clarified that his suggestion was that the planning for the dual-recognized neighborhoods include anticipation of annexation or an educational process. Councilor Jordan reiterated her question of whether the City spent City money on neighborhood enhancement programs outside the City limits. Mr. Klaebe recalled that Rosewood applied for a grant a couple of years ago for a project within the city limits. He commented that he thought it would be wise to limit the grants to such projects, so that the City did not use its money to benefit areas outside its limits. Ms. Brockman observed that that was an issue of Council policy to determine where to spend City money. Ms. Weigel commented that she thought that location within the city limits was one of the grant program's criteria, but she would check to make sure. Councilor Jordan suggested making sure that the neighborhoods knew that that was a criterion. Councilor Olson indicated to Ms. Brockman that the Council spent money outside the city limits all the time. Mr. Powell indicated to Councilor Hennagin that the question was a Council policy issue. He explained that the general rule on encumbered funds was articulating a municipal benefit. Councilor Tierney commented that he saw Mayor Hoffman's comments as encompassing more than neighborhood planning alone. He spoke of involving the County in discussions around annexation. Ms. Weigel asked whether staff should assign staff resources to work with neighborhoods to develop or update an action chart for an already existing plan. She mentioned that staff's request to develop a fund within the CIP for funding neighborhood plan projects did not make the budget cut this year. She spoke of changing the parameters of the Neighborhood Enhancement Grant Program to focus on neighborhood association plan projects and away from giving funds to HOAs and other organizations. She indicated that she was working on upgrading the grant program. She presented the chart depicting the cost and implementation tasks for the Palisades Neighborhood plan. She pointed out that the neighborhood has neither prioritized nor identified a time frame for the project list, including the big-ticket items. She mentioned the probability that many of these projects would be implemented as redevelopment occurred, although there might be opportunities for CIP and LID funding. She indicated that staff would work with the neighborhood plan subcommittee to prioritize the list. Ms. Weigel indicated to Councilor Olson that she had not thought of re-submitting the staff request for a CIP neighborhood fund for a different year in the five-year CIP. Ms. Brockman suggested that the Centennial Celebration team contact the high school alumni associations to invite the members to share their stories of growing up in Lake Oswego, and to record that history. She commented that she heard wonderful stories at her recent 50th year Lake Oswego High School reunion. Mr. Brown, as a member of the Sustainability Advisory Board, observed that neighborhood plans were an excellent vehicle for implementing the City's sustainability goals at the neighborhood level. City Council Special Meeting Minutes Page 7 of 15 July 28, 2009 37 He urged the Council to consider `cross-pollination' between the neighborhood planning process and the Sustainability Advisory Board's work. Mayor Hoffman recessed the meeting at 8:04 p.m. for a break. He reconvened the meeting at 8:13 p.m. 4.3 Public Safety Facilities Mr. Williams introduced Galen Olmart, Solarc Architects, who was here to present the recently completed master plan for Maintenance Services Facility. He noted that Elizabeth Papadopoulos, Maintenance Services Director, Fire Chief Ed Wilson, and Police Chief Dan Duncan were also present to discuss their facilities. Maintenance Services Facility Ms. Papadopoulos recalled discovering, upon moving out to the Maintenance Facility three years ago, that three of the five entry doors on the building were in such poor condition that they could not lock them to secure the building. She explained that the City realized in the 1980s that this facility was operationally inadequate and structurally deficient; therefore, it needed replacement. Since it would be replaced, the City decided to defer building maintenance until it could replace the building. She indicated that this cycle has continued for the past 25 years, resulting in a building in crisis. She noted the importance of Maintenance Services (as first responders) having an adequate building and space to do its work. She described the problems resulting from leaving the City's sanding pile open to the elements, as an example of the many problems outlined in the summary report. She mentioned the $1 million from utility funds allocated to Maintenance Services to begin the design evaluation process leading to a new facility. She indicated that they have been working diligently with Galen Olmart, Solaro Architecture and Engineering, for one and a half years on the master plan. Mr. Olmart commented that clearly people knew that the facility was deficient, so he would not review the work they did in analyzing the facility (documented in the master plan). He discussed the question of whether the facility's current site was the best site, given that it was a small site for a Maintenance Division moving big trucks around. He mentioned two issues considered in looking at other sites: did the site have infrastructure best suited for a Maintenance Division, and what would it take to acquire the site and make it and its building suitable for this use? He reported that they found the sites they looked at had expensive purchase prices for a site of limited value and an expensive price tag to retrofit the existing buildings, which would be substandard for a maintenance facility. He explained that most buildings were inward-focused with people interacting inside the building, while a maintenance facility had a lot of trucks circulating around outside. Consequently, they decided to re-examine the existing site. He directed the Council's attention to a site circulation plan, noting the strong site benefit of access to three roads able to handle big trucks. He explained that this allowed good circulation through the site. He discussed the problems and constraints of using the existing building, as it was a non- conforming use that needed upgrading to current City code. He mentioned not meeting the setback and landscaping requirements in particular. Mayor Hoffman observed that the Council could change the zoning on the site. Mr. Olmart discussed the issues to which the master plan responded. He spoke of re-designing the site to comply with current Code and how to execute in a low-risk manner. He reviewed a site plan illustrating a possibility of putting the main building in the upper part of the site with a front entry closer to the street. City Council Special Meeting Minutes Page 8 of 15 July 28, 2009 38 He noted the need to maintain continuous operations on the site while implementing the plan. He reviewed the graphics illustrating the set of phasing plans they developed, which could be implemented over time as funds became available. He noted that the City had good control of the site and could therefore time the funding and phase execution as appropriate in building a facility that would serve the Division for the next 30 years. He spoke of the emphasis on sustainable and energy-efficient design in the plan. He commented that orienting the buildings for solar gain, etc., worked well with the site organization for good circulation. He mentioned the budget and reviewed the estimated timeline. He spoke of the land use planning phase and conditional use permit process taking one year, the design phase taking another year, and the first phase of the construction taking a year also. Mr. Olmart indicated to Councilor Moncrieff that he worked with staff to design the facility to accommodate the increased maintenance needs that came with the forecasted growth in population. He said that they addressed the future growth needs by providing second floor office space where the relatively few staff needed on the site fulltime (most were out in the field) could move as more staff came on site. Ms, Papadopoulos pointed out that a better way to think about this issue was not so much in terms of population growth as in terms of developed land. Maintenance Services dealt primarily with roads, sewer, and water. If the city stayed within the same footprint, it would not add significantly more infrastructure. She noted that it might upgrade existing infrastructure to serve a larger population on the same amount of land, but the City would not double its street mileage, for example. Mr. Olmart confirmed to Councilor Hennagin that the most efficient method would be to complete the final design and the land use process together, leaving the timing of construction phases up to the Council. He clarified that that was not how it usually happened. The first major milestone was usually getting through the conditional use permit process and obtaining approval to do the work. He confirmed to Councilor Hennagin that it would be less expensive to the City to have whoever it hired to do the design work to design the complete site in one phase, rather than splitting the design phase up into several components. Councilor Tierney pointed out that the elephant in the room for all these facilities was the funding question. He concurred that the City needed all three facilities, and that staff could hire professionals to design them in a way that made optimal sense against the City's standards. He asked, given that the funding would like be through a bond measure, what the City needed to do to convince voters that this was absolutely necessary. Mayor Hoffman agreed that this was a funding issue, while noting that it was also a political issue. Mr. Olmart confirmed to Mayor Hoffman that the estimated project budget for all three phases was $14 to $18 million (p.62). He recounted an anecdote from his work designing a project for the Klamath County Roads Department, which bid out two years ago at$10.5 million, but bid out this spring at $7.5 million. He observed that the cost was very difficult to predict. Mayor Hoffman suggested asking other jurisdictions with successful bond measures on facilities, like a maintenance service facility, what campaign strategies they used to obtain voter approval. Mayor Hoffman asked if staff looked at buying the property adjacent to the existing site as a way to expand it. Ms. Papadopoulos indicated that that option was on the table. She pointed out that they could not know exactly what the City would need on this site in 10 years in order to accommodate Maintenance Services. She mentioned the possibility of the City moving other services out to this site or moving Parks Maintenance off site. She said that they realized that if they tried to accommodate other services on this site, then they would end up with a site that worked for no one. She indicated that they City Council Special Meeting Minutes Page 9 of 15 July 28, 2009 39 would need additional land in order to have a high-functioning maintenance site and to provide room for other services. Councilor Jordan questioned why all the bathrooms were located in the main building. Ms. Papadopoulos indicated that the design met the Code requirements. Mr. Olmart explained that the Code did not require bathrooms in outbuildings used to house vehicles, which were typically unheated. However, they could put a bathroom in any building that the Council wanted. Ms. Papadopoulos concurred with Councilor Jordan that they did not know what the types and sizes of vehicles to do the Maintenance Services work might be in 20 years. Mr. Olmart indicated to Councilor Tierney that the site design included one covered parking space per employee personal vehicle. Mr. Olmart clarified to Councilor Olson that the 'one hour separation between offices and the vehicle maintenance shop for welding' referred to a fire barrier that did not currently exist. ® South Shore Fire Station Mr. Williams noted that the Council has discussed this facility for a number of years; the City developed a conceptual plan for it. Consequently, the City purchased the adjacent residential lot when it came up for sale in 2007, which provided an adequate site for a new South Shore Fire Station. He directed the Council's attention to Scheme A (p.88) of the conceptual plans developed by Group MacKenzie, which the previous Council had preferred. He noted the one-story building layout of 9,000 square feet with three drive through vehicle bays of adequate length to store vehicles and equipment, bunkrooms for both genders, and ADA access. He noted the several problems with the existing building. He reported that Chief Wilson submitted a federal grant application for a $2.8 million grant to help pay the estimated $3 million cost of a new station. Chief Wilson indicated that, while there was no local grant match required, the $217,000 worth of work that the City has already done on the site counted as extra credit on the grant application. He noted that this program was giving out only 100 grants out of an expected application number of 5,000 to 10,000 requests. Chief Wilson indicated to Councilor Olson that he expected to hear in September whether the City made the initial cut down to 240 or so applications. Chief Wilson indicated to Councilor Hennagin that they would have to demolish the existing building in order to construct the new one. He said that it would be cheaper to relocate the station temporarily during construction than to stay on the site. He confirmed that they intended to find a temporary site in the same general area, possibly using the Armory across the street. He commented that, based upon his experience with temporary relocations with his former employer, he knew that it was doable, although a challenge. He indicated to Councilor Hennagin that they were not refraining from assigning female fighters to South Shore because of its lack of individual sleeping quarters. However, their sole female firefighter was a Battalion Chief, who had her own quarters when on duty. Chief Wilson indicated to Councilor Tierney that he did not expect to receive negative public comments about expanding the station on its current site. He mentioned that the station has received only one complaint from a resident about the noise of the old roof-mounted air- conditioning units. He indicated that he had experience in closing and moving stations. He commented that people did not want to lose their fire station and they also did not want to get a new one. He reported that he has received some requests for public participation once they began the planning stage. He had those names and contact numbers available. City Council Special Meeting Minutes Page 10 of 15 July 28, 2009 40 Councilor Moncrieff recalled that two years ago, when Chief Wilson spoke to the Palisades Neighborhood Association about the South Shore Fire Station, the Association had been strongly in favor of keeping the fire station at its current location. Chief Wilson commented that fire stations were very good neighbors. Councilor Olson recounted her experience this afternoon in witnessing the maneuvering that the crews had to do to get the vehicles back into their bays upon returning from a call. Chief Wilson indicated to Councilor Hennagin that he preferred a one-story floor plan to a two- story plan because of reflex time (getting to the equipment when a call came in) and costs. He noted that a two-story plan required an elevator. He spoke of a one-story plan on the combined lot with apparatus bays large enough for vehicle flow and adequate storage. Councilor Jordan mentioned that, once the planning process started, the Chief might hear a request for a police presence or community officer at the South Shore station. Chief Wilson commented that they could do something like that on the combined lot. He mentioned that the grant request would not fund community rooms, and therefore, he focused on training rooms at the station. Mr. Williams indicated that the next steps, should they get the grant, were to move forward with the land use planning process and preliminary design in a process similar to the next steps for the maintenance facility. He noted that, while Maintenance Services had funds budgeted already to move forward, the Fire Department did not. Therefore, they would have to wait to see if they got the grant, and then return to Council for further direction Chief Wilson indicated to Councilor Jordan that the grant funding came from $210 million available from the American Recovery and Reinvestment Act. He indicated that federal staff in concert with fire professionals and architects would review the applications. He mentioned a criterion of building to a LEED Gold standard. He observed that their request was not for a new fire station but rather a rebuild of an existing station. Mr. McIntyre reported that he would contact the City's Congressional representatives to inform them of the City's grant application and request any assistance that they could provide. Mr. Williams spoke of the great job that Chief Wilson did on the grant application. Police/911/Municipal Court Facility Mr. Williams referenced the Council's recent discussions about the impact of the deficiencies in City Hall on police and LOCOM. Their space was too small (10,000 square feet), had structural deficiencies, and lacked security. He recalled that the SERA report program analysis of police, LOCOM, and the Municipal Court found that these services needed 38,700 square feet of facility space. He mentioned a $9 to $10 million estimated cost and a parcel size of 60,000 to 70,000 square feet, depending on the number of building stories and surface parking. He indicated that the next steps would be to move forward with a siting study (c. $30,000). Once staff narrowed the possible sites down to one or two locations, they would return to the Council for further discussion. He noted the $2 to $4 million he estimated for property acquisition costs. Chief Duncan mentioned that their statistics showed that, while Lake Grove (their biggest district) had the highest call volume, the Downtown came in pretty close. He indicated that they would like a site that was visible and accessible, and not tucked off somewhere. Councilor Hennagin referenced a recent letter in the Lake Oswego Review describing the Clackamas County 9-1-1 Dispatch as one of the best ones around. He recalled that a prior Council had accepted the staff recommendation to keep the LOCOM center in Lake Oswego and not to contract the service out. Chief Duncan indicated that that was a separate discussion that they intended to have with the Council in the future. Mr. Williams recalled that the Council's interest in the question during the WEB/City facilities analysis discussion. He reported that staff had a draft report showing the cost comparisons City Council Special Meeting Minutes Page 11 of 15 July 28, 2009 41 between keeping LOCOM here and farming the service out. He mentioned the preliminary information that he has received from LOCOM and the police and fire departments about the significant service reduction that would occur, should the City move in that direction. Councilor Hennagin asked to see the pros and cons of the issue. He pointed out that, while any building that LOCOM and the police were in had to be built to current seismic standards for first responders, a building housing the municipal court did not. He asked how much money the City would save if it re-located the municipal court to the West End Building and built a new police/LOCOM facility on the backside of that property. Chief Duncan commented that there were logistical advantages in having the police department located close by to the municipal court; officers could work at their desks until called into court instead of hanging around the courthouse waiting for that call. Mr. Williams commented that he expected to look at the WEB as a potential site. Mayor Hoffman suggested comparing the costs and benefits of LOCOM by taking a Friday or Saturday night ride-along. He held that that would illustrate the benefits of LOCOM, which were sometimes incalculable. Mr. McIntyre reported that the City had a letter response to that Review letter in this Thursday's paper. He indicated that he could provide the Councilor with an advance copy of the letter. Mr. Williams indicated to Councilor Tierney that the funding for the siting study was currently not budgeted, although the Maintenance Services planning process was budgeted. Councilor Jordan concurred that the municipal court should be with the police facility. She spoke of planning flexibility into the use of the municipal court space, given that the court only used the 2,400 square feet regularly on Wednesdays and occasionally on Mondays. Mr. Williams indicated to Councilor Olson that the Maintenance Services planning process would probably cost more than $100,000 because they had to do a significant amount of design work in order to justify a conditional use permit approval. Citing the recent presentation about a consultant agreement with the Foothills developer, Councilor Olson observed that the Council was starting to approve things that were adding up and not in the budget. She wondered where they would get the money. Mr. McIntyre indicated that they would use the supplemental budget process to take it from the reserves. Mr. Williams reiterated the next steps for moving forward with each facility. He noted the other piece of how to fund these facilities. He pointed out that the potential federal grant for the South Shore fire station was only $2.8 million out of a total $35 million for the three facilities. He asked where these projects fit with respect to other Council priorities. Mayor Hoffman asked staff to start collecting data about how other jurisdictions have handled their public facilities bonds. Mr. McIntyre indicated to Councilor Olson that the City could pay back the reserves out of future GO bonds passed to pay for these facilities. Councilor Olson emphasized that these were the Council's number one priorities as far as facility needs. Councilor Moncrieff concurred, noting that all past community surveys found that this community valued public safety above everything else. She spoke to moving ahead as quickly as possible. Mayor Hoffman concurred. Councilor Tierney commented that, without having the $28 to $32 million needed to do these projects identified on paper today, the Council could be spending money on a conditional use process that went no where due to lack of funding. He spoke in support of spending resources to determine the community's support level for these projects, and to devise strategies for a bond issue. City Council Special Meeting Minutes Page 12 of 15 July 28, 2009 42 He reiterated his opposition to taking money out of the reserves, especially for items that were not unforeseen events. He argued that staff should have budgeted these amounts. He spoke of viewing the reserves funds more sacredly than as a pot of money to dip into whenever an expense came up. Mr. McIntyre pointed out that the Council adopted the budget before it adopted the facilities plan. He speculated that these funding allocations would have been quickly sacrificed during the budget balancing process. Councilor Tierney reiterated that he did not see these items, or the Foothills item, as unforeseen expenses. He acknowledged that they could consider them as investments in the community, which might make them appropriate for reserve funds. He argued that keeping in mind the long- term financial future and health of the community forced the Council to make some decisions that it has not made in the recent past. Mr. Williams recalled the public opinion research already done on City facilities, which staff hoped to build on. He spoke of refining their questions with the specific information now available on the Maintenance Service facility and testing whether there was any potential way to win a bond measure. He concurred that the City did not want to spend too much money on something before it had the public research data establishing whether there was a chance of making that something happen. Mayor Hoffman mentioned his assumption that the conditional use process would not be wasted money. Mr.Williams indicated that the permit was good for 10 years. Ms. Papadopoulos explained that staff saw the conditional use as an important component along with the master plan. She noted that they wrote the plan in conformance with the rules as explained by Mr. Pishvaie. She agreed that if they thought that they could not build a building within 10 years, then they would not go through the conditional use process. Mr. Williams indicated that staff could develop a plan for public opinion research, including possibly using the new Internet survey. Councilor Johnson mentioned the City hiring a Communications Director. She commented that it was unprecedented for the City to have this many different major capital funding projects occurring at the same time. She concurred with Councilor Tierney on the importance of getting the word out and making the political argument. She commented that she has found the Council's decisions in the past to keep putting things off, even when it had a huge reserve fund from which to draw, frustrating. She noted that it was a Council policy decision whether to spend money more immediately on these projects that the City was taking on. She remarked that, in terms of budgeting, this Council was faced with the challenge of all these major capital projects, in addition to figuring out how different elements related to the budget. Mayor Hoffman commented that, while he appreciated Councilor Tierney's comments regarding the budget and the reserves, he also appreciated the fact that the Council was flexible enough to accommodate the things that it needed to take care of. He pointed out that one of the reasons for having reserves was to invest them wisely. 4.4 Mayor's Institute on Design (no written report) 5. RESOLUTIONS 5.1 Resolution 09-51, clarifying Resolution 08-92. Mr. McIntyre referenced Councilor Olson's question yesterday about the water bills, and his promise to return with a solution to the problem. He explained that he saw the solution as an administrative function, but he was seeking the Council's legal policy clarity on it by bringing forward a resolution. City Council Special Meeting Minutes Page 13 of 15 July 28, 2009 43 He noted that the prior Council approved several rate changes that all went into effect on July 1. He gave a PowerPoint presentation to illustrate the problem with the water utility bills. The first billing cycle ran roughly from May 15 to July 15, and the second from June 15 to August 15. Historically, the City has applied a rate adjustment that began on July 1 to the entire bill; it did not prorate. Usually the rate increase was so low that people did not notice this. He indicated that that, with the 30% increase in sewer rates, the implementation of the tiered water rates, the 15%+ increase in water rates, and the 6.7% increase in the street maintenance fee— none of which staff prorated -- all hitting at the same time, staff started hearing from unhappy citizens whose bills increased anywhere from $30 to $100 in one cycle. He acknowledged that the citizens were technically accurate in claiming that the increased rates did not go into effect until July 1. He presented his solution, which the Council could affirm by adopting the resolution. He indicated that he wanted the authority to prorate, which staff could program the computer billing system to do. He said that they would grant credits on the next bill for the bills that already went out with the non-prorated amounts. He noted that staff would have to use a manual process on 6,000 bills, but that was better than the 12,000 bills he had feared they might have to do. He mentioned that staff would handle the exception claims on a case-by-case basis. He mentioned the City Attorney's comments that this resolution would provide the City with a stronger policy than he could do on his own authority. Councilor Hennagin described Mr. McIntyre's solution as the only reasonable way to approach it. He pointed out that, given the use of an averaging method for the prorating, the solution did give an advantage to the second billing cycle, in that those users had a longer period of higher water usage following July 1 than the first billing cycle users did. Councilor Johnson acknowledged the point but held that it did not really matter, and that this was the best that the City could do under the circumstances. Mr. McIntyre indicated to Councilor Tierney that the City contracted out its meter reading service; it took a week to read each cycle. Councilor Johnson moved Resolution 09-51. Councilor Moncrieff seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Jordan, Hennagin, Johnson, Olson, Moncrieff, and Tierney voting `aye.' [7-0] Councilor Olson concurred that Mr. McIntyre could have done this administratively because the original resolution stated `effective July 1.' She recalled that she had suggested earlier that they delay the increase until October in order to avoid shocking everybody with the cumulated increases. Councilor Jordan commented that what she liked about the resolution was that it was confirming that the Council's intent in stating an effective date of July 1 was not to require staff knowing the exact number of gallons used before and after July 1, but rather that the rate increased by July 1. She noted a possible interpretation that 'effective July 1' referred to the entire bill in which the July 1 date occurred. However, she held that that was not a comfortable interpretation. She agreed that this was clearly an administrative practice, and the one that made the most sense. Mayor Hoffman announced that he has scheduled a study session for August 18 in order to discuss urban/rural reserves and Stafford. 4. ADJOURNMENT Mayor Hoffman adjourned the meeting at 9:28 p.m. City Council Special Meeting Minutes Page 14 of 15 July 28, 2009 44 Respectfully submitted, Robyn Christie City Recorder APPROVED BY THE CITY COUNCIL: ON Jack D. Hoffman, Mayor City Council Special Meeting Minutes Page 15 of 15 July 28, 2009 45 46 ,),,,,,,..,..„,„ ,� 'toil, CITY COUNCIL SPECIAL MEETING MINUTES r August 18, 2009 .....T.,-- Mayor Jack Hoffman called the special City Council meeting to order at 6:32 p.m. on August 18, 2009, in the City Council Chambers, 380 A Avenue. Present: Mayor Hoffman, Councilors Jordan, Hennagin, Moncrieff, Olson, Tierney, and Johnson Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Jane McGarvin, Deputy City Recorder; Denny Egner, Assistant Planning Director; Denise Frisbee, Planning & Building Director; David Donaldson, Assistant City Manager; Jordan Wheeler, Management Analyst 3. STUDY SESSION 3.1 Metro Centers and Corridors Mayor Hoffman said that he suggested to Mr. Egner that Mr. Sin's memos regarding the urban/rural reserves and Stafford become the basis of the Council's position to Metro and Clackamas County, once the Council has discussed the matter. He explained that he was looking for nods of heads regarding the direction in which to go. He mentioned that he would edit the Mayor's Institute disc down to 20 minutes, concentrating on the experts' comments. He presented a basic overview of the complex issues surrounding Metro urban and rural reserves. He used a series of maps to illustrate the issues. He began with the history of Metro, which developed out of the Columbia Regional Association of Government (CRAG) in the 1960s, as a jurisdiction. In 1992, the region adopted the Metro Charter and amended it in 2002 to create a Council President position. He mentioned the Regional Urban Growth Goals and Objectives (RUGGOs). These included the concepts of a compact urban form, multimodal transportation, and 2040 (the 40-year plan). Concepts in the 2040 plan included regional centers, central city, town centers, and corridors. He noted that Metro had emphasized developing corridors and centers for the last five years, with the idea of keeping a tight Urban Growth Boundary (UGB). However, the centers have been underperforming, and Metro was trying to figure out how to make them perform better. He noted the jurisdictional players among the 25 cities that made up the Metro region, in addition to the three counties. He indicated on a map the original 1979 UGB and its gradual movement outward since then in accordance with the State statute requiring Metro to evaluate every five years whether the land within the UGB was sufficient for a 20-year supply of land for homes and jobs. He noted that Metro has taken in 28,000 acres over the past 30 years. He mentioned that the development in the region was occurring in the downtowns of Portland, Lake Oswego, and Gresham and along the Hillsboro light rail corridor. He recalled that 2002 and 2005 were very contentious UGB expansions with push back to the Metro Council regarding proposed expansions. He commented that growing at the edge has not been not satisfactory to Metro or the region, in that it did not create the compact urban walkable communities laid out in the 2040 plan. City Council Special Meeting Minutes Page 1 of 11 August 18, 2009 47 He explained that, in 2007, Senate Bill 2011 created the urban reserves, rural reserves classifications. He discussed the priority order for lands brought inside the UGB: statute lands, exceptions lands, bad soil, and good soil. He mentioned the Oregon Department of Agriculture's inventory analysis of land, using the three categories of foundation lands, important lands, and conflicted lands. Foundation lands were critical to the agricultural industry, and therefore had the highest priority for preservation. Important lands were second, followed by conflicted lands. Mr, Egner mentioned that, in addition to soils, the study looked at the development and transportation infrastructure serving the area. Therefore, Stafford with its EFU soil and roads came out as conflicted. Mayor Hoffman explained that conflicted meant `parcelized' land. He explained how that applied in the Stafford basin with its parcels under different ownerships. He reviewed the restrictions placed on EFU (Exclusive Farm Use). He noted that RR/FF was Rural Residential/Farm Forest five-acre minimum. He confirmed to Councilor Hennagin that the study did not study the lands already within the UGB. Once land came inside the UGB, regardless of its categorization, it was subject to urbanization at urban densities (10 units per acre). He recalled that Goals 3 and 4 (protecting farm and forestlands) came out of Governor McCall's concerns in the early 1970s to restrict the subdivisions building along the coast and at Charbonneau, and to avoid the threat of subdivisions lining 1-5 from Portland to Eugene. He cited Damascus as an example of how the old way of growing at the edges did not work. Damascus had neither urban infrastructure nor a couple of billion dollars to pay for building it. He emphasized that Metro was not about forcing infill into neighborhoods. It wanted to see increased densification in the centers. Councilor Jordan observed that a lot of land already inside the UGB was still used very productively as farm or nursery land, instead of developing as residential. Mayor Hoffman explained that the Urban/Rural Reserves statute and the Oregon Administrative Rules required looking at all three land categories and justifying the designation of land as either rural or urban reserves. He described rural reserves as lands within 20 miles of the UGB, which were locked up for 50 years as agricultural industry lands. He mentioned the importance of industrial clusters servicing the Ag industry. He discussed the factors to consider for rural reserves, including good farmland, landscape worth saving, and at risk of urbanization. He said that the statute required a balance between rural and urban reserves in each county. He said that urban reserves were those lands slated for urbanization in the next 30 to 50 years (2030-2050). He commented that that was why he kept asking what they wanted Lake Oswego to look like in 20 to 50 years. He raised the question of how did the Council wanted to set a course regarding Stafford for the next 50 years. He indicated that urban reserves could come inside the UGB as early as next year. He described the two parallel tracks involved in the discussion: the long-term thinking of urban/rural reserves 20 to 50 years out, and the immediate question of whether to bump out the UGB and where to do so. Metro would make the decision in December. Councilor Hennagin asked whether the undeveloped developable land in the Damascus area would play a role in Metro deciding whether it needed to bump the UGB out elsewhere. Mayor Hoffman explained that there was a multi-step analysis used in deciding whether to move the UGB. He described how Metro calculated the expected population growth and the number of needed dwelling units in 20 years. Other factors included the land supply and the present zoning. He observed that currently the supply and the demand were pretty close. However, if the supply were below the need, then Metro would have to move the UGB. He indicated that the decision on City Council Special Meeting Minutes Page 2 of 11 August 18, 2009 48 whether Metro moved the boundary affected Lake Oswego in terms of increasing density in its centers and corridors, and receiving money to facilitate that. He noted that the first priority in considering where to expand the UGB in order to save farmland through making a compact urban form was poor soil. He indicated to Councilor Tierney that Metro has established the demand side of the equation in its Urban Growth Report. Mr. Egner indicated that Metro would start holding hearings on the draft report in September with expected adoption in December. Councilor Jordan noted that Metro was using a range of dwelling units this time, instead of a strict number. Mr. Egner observed that the lower demand range and the higher supply range implied no need to expand the UGB, especially if certain policy amendments occurred to create more efficient types of developments. Mayor Hoffman reiterated that this changed the whole concept from growing at the edges to encouraging cities to look inside for growth areas. He observed that Metro had invited the mayors of Tigard, Lake Oswego, Beaverton, and Hillsboro to the Mayor's Institute precisely to encourage them to look at denser centers in support of the compact urban form, as opposed to building another subdivision on the edge. Mr. Egner indicated to Councilor Tierney that the goals of the compact urban form included serviceable by transit and walkable to one's daily needs. He explained that the idea was to develop patterns to reduce vehicle miles traveled by making several transportation choices available to people. Mayor Hoffman listed the six desired outcomes: vibrant walkable communities, economic competitiveness and prosperity, transportation choices, reduced green house gas emissions, clean air and water and healthy ecosystems, and equity in terms of the costs and benefits of growth. Mayor Hoffman pointed out that Metro might not expand the UGB in 2010 or 2011, but they would still have to revisit the question five years later. Therefore, if Stafford was designated as urban reserves, then it would be on the table with the urban reserves from the other communities. However, if Stafford were designated rural reserves, then it was off the table for 50 years. Councilor Hennagin asked how Metro decided in which direction to expand the boundary. Mayor Hoffman explained that Goal 14, which described how the region urbanized, had a needs analysis and a location analysis to use in making that choice, as well as an administrative rule providing guidance on how to make that decision. He mentioned factors of infrastructure, governance, and politics. Mr. Egner spoke of trying to balance jobs and housing in the same region. Councilor Olson pointed out that the willingness of the governing body to accept urbanization was also a factor. Mayor Hoffman noted that any jurisdiction had to go through the list of criteria in order to satisfy the Department of Land Conservation and Development (DLCD), which was the ultimate agency that decided all land use issues. Mr. Egner indicated to Councilor Hennagin that the appeals process used depending on the decision making process: periodic review amendments went to the Land Conservation and Development Commission (LCDC), while quasi-judicial matters went to the Land Use Board of Appeals (LUBA). Councilor Hennagin asked why Oregon City was a regional center and Lake Oswego a town center. Councilor Jordan commented that she thought it had been a local decision at the time; Lake Oswego decided on two town centers in the downtown and Lake Grove rather than having one regional center. Mayor Hoffman explained that, in Clackamas County, a Policy Action Committee of 20 people analyzed the Clackamas County map based upon the factors for deciding urban and rural reserves. He indicated that Mr. Sin and Mr. Egner have been involved at that level, while he has been involved at the Board of County Commissioners level and with the planning director. He City Council Special Meeting Minutes Page 3 of 11 August 18, 2009 49 noted that Lake Oswego has not been involved with the PAC because they met on the same night that the City Council met. He said that he and staff have consistently communicated Lake Oswego's aspirations informally, but now the process has moving to the County Commissioners finalizing the County recommendations on September 8. He noted that the City needed to attend the County public hearing. He discussed the remainder of the process. The Reserves Steering Committee, a group of 40 stakeholders from all over the region, discussed the issues and information presented by the counties. The Core 4 of the Committee, a group comprised of County Commissioners from Clackamas, Washington, and Multnomah and a Metro Councilor, made a recommendation back to the counties and the Metro Council on the designation of urban and rural reserves. He noted that the counties each made an independent decision regarding the designation of rural reserves, while Metro decided on urban reserves. He described the process using Stafford as an example. Mr. Egner indicated that the Clackamas County Board has not yet made a recommendation on Stafford, but the County Planning Commission has made recommendations on urban reserves. Mayor Hoffman reviewed the tension points in Clackamas County, noting that the area south of Wilsonville (farmland, airport, industrial park) was perhaps the most contentious area with respect to whether it should be urban or rural reserves. He observed that there were tensions between the 17 statewide goals, such as Goal 3 aimed at protecting farmland and Goal 9 speaking to economic development. Mr. Egner indicated to Councilor Moncrieff that the County Planning Commission functioned as an advisory committee to the County Board. He said that he expected the Board to read the Commission's minutes in order to understand why it made its recommendation. Mayor Hoffman noted that, at the end of the day, there would be IGAs between Metro and the counties individually. Councilor Olson mentioned her understanding that all three counties had to agree on each other's urban and rural reserves with Metro. Mayor Hoffman noted that the statute gave the decision-making authority to Metro. Councilor Jordan explained that the Core 4's job was to agree on which lands each county would accept. She mentioned the undesignated lands. Mayor Hoffman discussed the third choice offered by Senate Bill 2011: undesignated lands. He explained that the statute did not require that every acre of land within four miles of the UGB be designated as either urban or rural reserve; some could be undesignated and remain under their present zoning. He used Stafford as an example. If it remained EFU land, then the uses allowed under that zone, such as churches, golf courses, etc., were still allowed. However, a rural reserve designation meant no increased density of any sort. He reviewed the factors considered by Metro in deciding whether to designate lands as urban reserves, including whether the land would support centers and/or corridors. He mentioned that a jurisdiction had to justify to the rest of the region how land that it wanted designated as urban reserves supported the compact urban form. He reviewed the factors considered in designating lands as rural reserves, including whether the farmland could support long-term agricultural operations. He mentioned the expectation that Metro would make its decision in December 2009, and amend its Functional Plan by May 2010. The Counties would then amend their Comprehensive Plans to make everything legal. At that point, the recommendations were sent to DLCD for approval. 3.2 Urban and Rural Reserves/Stafford Mayor Hoffman commented that Mr. Sin's memo gave a good history of the Stafford area, beginning in 1992, when Mayor Alice Schlenker and County Commissioner Judie Hammerstad City Council Special Meeting Minutes Page 4 of 11 August 18, 2009 50 signed an agreement to fight the urbanization of the Stafford Basin. He noted that today Stafford was back in the bull's eye for designation as an urban reserve. He mentioned that the Lake Oswego Comprehensive Plan stated that the City would oppose the urbanization of the Stafford Triangle. Lake Oswego amended its charter in 1998 to require voter- approved annexation in the area. He described the current zoning and uses in Stafford, including the Stafford Hamlet, EFU land, RR- 5 land, and Lake Oswego. He reviewed the map showing the natural resources and developments in Stafford. He noted that Metro's Title 13 protected tree groves outside the UGB. He mentioned the disagreement over whether Stafford fit the 10 factors considered for rural reserves, or the 10 factors for urban reserves, or neither set of factors, meaning that it should remain undesignated. He reported the conversations in the last couple of weeks regarding Wankers Corner, which was conflicted land with the church and school there. He noted that many property owners in the area supported an urban reserve designation. He mentioned the suggestion to designate the land south of the Tualatin River as urban reserves and to leave the land north of the river undesignated. He clarified to Councilor Tierney that the City of Tualatin did an analysis of the Borland area and realized how much it would cost to put in the necessary infrastructure. He pointed out that every city's budget was stretched on infrastructure financing. Tualatin has been suggesting in informal conversations that the Borland area remain undesignated in order to avoid the traffic generated by a jammed up 1-205 cutting through neighborhoods. He observed that every city shared that concern about cut-through traffic impacting neighborhoods. He reported that, when the Tualatin City Councilor said that Lake Oswego has never demonstrated any interest in the Borland area and that only Tualatin had an interest in it, he told those at the meeting that that was not necessarily true. Lake Oswego might have an interest depending on the circumstances. He referenced Mr. Sin's memo pointing out that an intensely urbanized Borland area could potentially impact Lake Oswego's transportation infrastructure with people cutting through to get around a jammed 1-205, He referenced Title 11 of the Metro Functional Plan, which discussed creating a city and how a city provided urban services. He noted that the County could also provide planning for an unincorporated area and urban services through service districts, as an area did not have to be within city boundaries to reach urban densities. He commented that Lake Oswego had a right to object, but it was the County that approved the creation of a new city. He speculated that the Wankers Corner area would become urban reserve land. He argued that if it did, then Lake Oswego needed to pay attention because one could not regulate what one did not govern. Therefore, they needed to make sure that whoever did govern it would manage growth intelligently. He mentioned his impression that both Lake Oswego and Tualatin tended to be more northerly- focused with an orientation towards Portland, Bridgeport, and Washington Square. He confirmed to Councilor Moncrieff that Metro could designate a portion of the Stafford Triangle as urban reserves and leave the rest undesignated. He explained that, while rural reserves remained farmland for 50 years, undesignated lands developed under their current zoning. Stafford was zoned EFU, which had an 80-acre minimum parcel. He mentioned that the State has created hundreds of exceptions in EFU lands, such as wineries and dog kennels, but EFU land could not be subdivided. He indicated to Councilor Moncrieff that Lake Oswego would have to bring in the Rassekh property through a minor UGB amendment; it would not swap properties. He indicated to Councilor Hennagin that Metro would not re-consider rural reserves land for 50 years. He observed that the rural reserves designation was a big deal to property owners because then they could not develop their property. City Council Special Meeting Minutes Page 5 of 11 August 18, 2009 51 He confirmed to Councilor Tierney that Metro had to expand the UGB in urban reserve lands before undesignated lands. Mr. Egner pointed out that Metro would likely look at undesignated lands as candidate for new urban reserves when it considered the question of new urban reserve needs. Mayor Hoffman commented that the discussion around the regional table now was that Metro would go through all the urban reserves first. Therefore, undesignated lands were likely to remain so for 50 years. Councilor Jordan mentioned the discussion around locating huge production facilities, such as an Intel facility, on large parcels of undesignated land next to urban reserves, if a developer could not find a large enough parcel in urban reserve lands. This would avoid designating urban reserves for these facilities that might never arrive. Mayor Hoffman commented that housing, Goal 10, tended to drive the conversation. He noted that economic development, Goal 9, was also a factor, in that urban reserves were designed for both jobs and housing. He mentioned that he was trying to encourage the view that undeveloped land was not 'undeveloped,' but rather that it was land developed for the Ag industry. He mentioned other issues with undesignated lands, including clustering houses and creating a new"Rurban" zone (rural urban or agriculture urban zone) that would allow small boutique farms. He discussed Lake Oswego's stated aspirations. They accepted that Wankers Corner might be urban reserve but only with the condition of a mass transit alternative along 1-205, such as an 1-205 light rail line. Mr. Egner noted that Metro's high capacity transit plan had two lines. One connected Washington Square to Clackamas Town Center by going through Lake Oswego and Milwaukie, while the other made the connection by looping down to Oregon City and Tualatin. He pointed out that, while these lines merited further study, the system was 30 years out. Mayor Hoffman commented that Metro was trying to eliminate cross-region or suburb to central city car trips by providing mass transit light rail or streetcar lines in various locations. He noted that Tigard was first in line for a light rail project. He observed that this was a change from the auto- dominated suburb to a compact urban, walkable/bikeable form. Councilor Jordan pointed out that another reason for providing mass transit to transport workers from their homes to their jobs was that people did not always buy a house close to where they worked. She referenced Councilor Moncrieff's question about things changing in an undesignated area. She commented that an urban reserve area remained at its current zoning until it came inside the UGB. Mayor Hoffman concurred. He commented that jurisdictions planned the urban reserve areas so that they knew where to locate infrastructure and housing once the area came inside the UGB. Councilor Hennagin commented that, while he understood the argument for wanting control of the planning, he saw another argument for Lake Oswego stopping at the Tualatin River, keeping its hands off, and letting the areas make their own destiny and build their own infrastructure. Mayor Hoffman noted that, in his memo, Mr. Sin discussed the different consequences of that decision. If the City decided to be in charge of the area, then it had to annex it, plan it, and figure out how to pay for the infrastructure. If the City decided to leave it alone, then the City was subject to the detrimental spillover effects and associated costs without the benefit of property taxes. Councilor Jordan recalled that, at the start of this process, Metro asked different communities what they could provide for the area. Tualatin could easily provide sewer and Lake Oswego water because it would be going downhill. However, transportation was always the elephant in the room because there was not a way to figure that out until light rail came in to take away the vehicles. She pointed out that having control of the planning would allow Lake Oswego to determine how streets emptied out onto the major carriers. She said that they would not want to see cul-de-sacs leading out to one road that then went through Lake Oswego. Mayor Hoffman indicated that he was not advocating for Lake Oswego taking or not taking the planning of the Borland area. Rather, he was saying that it was an issue on the table. City Council Special Meeting Minutes Page 6 of 11 August 18, 2009 52 He mentioned Mr. Sin's discussion of governance in Stafford, including the issue of who would pay for the infrastructure needed in Stafford, should it urbanize. He pointed out that the cities were not obligated to pay for infrastructure development; they could require the developers to put it in. However, that would be challenging as developers typically had little money available for infrastructure. He explained that cities could not finance the necessary infrastructure through SDCs, as they did not charge SDCs until a developer pulled a building permit. A developer did not pull a building permit until after installing the infrastructure. Mr. Egner pointed out that the Stafford area situation was similar to Damascus in that the initial cost to put in infrastructure was very expensive, especially if it relied on gravity sewer coming from the Tri-Cities plant in Oregon City. That line would have to extend through West Linn and up to the Borland area. He noted that this raised questions about how that little area could support the costs. Councilor Olson asked to review pp. 37-40, where Mr. Sin laid out the policy considerations. Mayor Hoffman noted that they already discussed the Stafford area impacts and interests, such as controlling traffic on the roadways by having the authority to do so. Councilor Tierney pointed out that the people living in a subdivision had the right to turn right or left on to a major road, even if the City managed the infrastructure development. Mr. Egner explained that it came down to the form of development, whether it centered on transit and a walkable type of development, or whether it repeated the suburban auto-oriented pattern. He held that that was the key in making the difference in the number of trips going up Stafford Road into Lake Oswego. Councilor Jordan observed that the density could also pay for that kind of infrastructure. Councilor Olson mentioned ODOT's concerns about the 1-205 corridor. She noted that, in ODOT's urban reserves analysis and the ratings it gave to different areas based on the factors list, it designated only two areas as having 'huge (prohibitive) costs,' one of which was Stafford. She mentioned the identification of topography as a major factor in the high costs of doing anything along the 1-205 corridor. She concurred that the transportation issue was huge and one that Metro has not yet addressed well. She agreed with Councilors Tierney and Hennagin that annexing the area in order to control what happened there was not necessarily the way to go. Councilor Hennagin clarified that he was simply raising the question, as he did not know the answer. Councilor Hennagin asked if the cost of infrastructure played a role in whether land was designated as urban. Councilor Olson said yes. She concurred with Councilor Jordan and Mr. Egner that the Metro analysis of the surrounding cities providing infrastructure was poor. She reiterated that ODOT did its own analysis and found that "Stafford would be marginally suitable for providing a transportation system capable of accommodating urban development." Councilor Hennagin commented that he did not understand the thinking process, as the land from Mountain Road to 1-5, which was under consideration as urban reserve, was flatter and better farmland than this other, steeper area that was not developable as farmland. Councilor Jordan noted that the Clackamas County Policy Action Committee has called out some areas as both urban and rural reserves. Councilor Olson said that the PAC was meeting tonight to resolve that conflict. Mr. Egner noted that the Clackamas County Planning Commission recommendation included all of the U-3 area and the northern portion of the U-5 area, which filled out the four quadrants of Stafford and 1-205. He pointed out that this created a node of sorts and an island of the rest of the Stafford Basin up north, which was somewhat consistent with Lake Oswego's aspiration statement. Mayor Hoffman discussed the jurisdictional issue and the traffic issue in terms of taking negative impacts on neighborhoods into consideration. One way of minimizing those negative impacts was to assert jurisdiction over an area that might negatively impact a neighborhood. He pointed out City Council Special Meeting Minutes Page 7 of 11 August 18, 2009 53 that if Palisades residents could not get on to McVey because of the traffic, then the City Council in 2020 would hear from them. He indicated to Councilor Olson that, based on his discussions with Clackamas County Chair Lynn Peterson, he could not agree with her description of the County building a new bridge as bringing all that traffic to Lake Oswego. He discussed the issue of governance, noting that neither West Linn nor Lake Oswego have identified areas of interest in Stafford. He observed that Stafford was around 4,000 acres, while Lake Oswego was 8,000 acres. He did not know whether the community would be willing to accept 50% more territory. He indicated to Councilor Olson that, while he did not know West Linn's official position, the Mayor did mentioned having a village in the Borland area and industrial land uses. He pointed out that their motivation was economic development, as opposed to developing a compact urban walkable community. Mr. Egner recalled hearing that West Linn wanted to develop an employment area east of Stafford Road and north of 1-205. Mayor Hoffman indicated to Councilor Hennagin that Tualatin went through an analysis of the infrastructure costs for manufacturing plants versus residential four or five years ago. He emphasized that these were casual conversations, and not setting positions. Councilor Tierney asked whether a decision would be made on Stafford as one entity or piecemeal. Mr. Egner indicated that that was the next step. He commented that they would have to have a discussion on governance if all of Stafford was designated as urban reserve. Councilor Tierney observed that he would discuss the northern area that was contiguous to the City (and in which the City owned property) differently than he would discuss the Borland area, which was not contiguous to the City. Mayor Hoffman speculated that, after spending so much time and energy on this urban/rural reserve designation process, Metro would likely not look at the undesignated lands for 50 years, since it would bring in the urban reserves first. He continued with the review of policy considerations. He mentioned Metro's rating Stafford as having high suitability for sewer and water compared to other areas. He agreed that those analyses were superficial. He commented that he was not certain that he agreed with Mr. Sin that the extension of urban services might divert public funds from some place else, but it was an issue. He discussed the issue of the school districts. He noted that 80% of the kids living in Lake Oswego went to the Lake Oswego School District. He pointed out that the Lake Oswego School District did not extend to the other side of Lakeridge. He speculated that a major issue with annexing the Borland area would be annexing an area where the kids did not attend Lake Oswego schools. He mentioned the issue of moving the District boundary, which required approval of the School Board. Councilor Olson returned to the issue of governance. She asked the question of whether the Council envisioned providing governance in that area. She concurred with the Mayor that traditionally Lake Oswego looked north and west, as opposed to south. She questioned this area as a place where Lake Oswego wanted to grow. She agreed with Mr. Sin that building public facilities could divert funds from other areas and/or result in increased tax burdens, as the SDCs could not begin to cover the cost of providing services. Mayor Hoffman stated that no public dollars would be spent on infrastructure; either the developer or a regional funding mechanism would pay for it. He pointed out that all over the region, jurisdictions had no money to pay for infrastructure in developing areas, such as Bethany or Cooper Mountain in Washington County and Damascus in Clackamas County. He reiterated that it would take state funding or developers. He speculated that developers would de-value the dirt in order to pay for the infrastructure, e.g., paying $100,000 per acre instead of$500,000 per acre and using $200,000 to pay for infrastructure. City Council Special Meeting Minutes Page 8 of 11 August 18, 2009 54 Mr. Powell mentioned that the Lake Oswego Comprehensive Plan Goal 14 required full cost SDCs in the Stafford area, resisted expansion of the USB down there, and required voter-approved annexation. He indicated that if the Council had a different policy feeling about Stafford, then it had a number of issues to address in the Comprehensive Plan. Councilor Hennagin commented that leaving the area as undesignated for the next 50 years might be in Lake Oswego's best interests. Mayor Hoffman noted that the City's aspirations discussed keeping Stafford rural in character, which was the position to which the City has consistently held for years. He agreed that undesignated would be consistent with the City's Comprehensive Plan, voter-approved annexation, and infrastructure concerns, as would a rural reserve designation. Councilor Olson noted that if the Borland/I-205 section received an urban reserves recommendation and the rest rural reserves or undesignated, then the governance issue remained. She spoke to the Council deciding whether the City was willing to govern in the area or not. Mayor Hoffman held that that decision was not yet ripe, as the area still might not urbanize for five to fifteen years even if designated as urban reserve. He said that that did not preclude that Lake Oswego had an interest in the area. Mr. Egner observed that insisting on urbanization related to transit as a condition pushed the urbanization out quite a ways. Councilor Jordan pointed out that Metro would want these governance and infrastructure issues solved before bringing the area into the UGB. Councilor Olson wondered if Metro would not designate the area if West Linn and Lake Oswego also walked away from governance, as Tualatin has done. Mayor Hoffman indicated that he has not heard in the discussions that governance was a factor. Mr. Egner pointed out that Tualatin found that a single-family development with a small retail center did not pay for itself. However, no one has looked at town center level of intensity cost analysis. Councilor Jordan noted that the discussion has turned towards a biotech industry to serve the hospital and denser housing to serve the employment area. Mr. Egner mentioned some discussion about matching regional planning to local aspirations. Mayor Hoffman noted the issue of the regional vision and local aspirations. Mr. Egner noted the question of whether the regional vision was a collection of local aspirations. Mayor Hoffman commented that if West Linn, Lake Oswego, and Tualatin all said that they did not want the land, yet the rest of the region found that it met the criteria for urban reserves, then that meant a different conversation. Councilor Tierney commented that they have been reactive to what was happening at Metro. He suggested looking at this from the perspective of what was in Lake Oswego's best interests in terms of land and annexation. He argued that it was in the community's best interests to have developable land in order to have the growth needed to sustain a tax base. He held that a key driver was deciding what the community wanted to do with respect to lands both inside and outside the UGB. He pointed out that a tax base that grew only 3% a year with little to no additional development put the budget in a serious situation in short order. He spoke of deciding what areas in and around the city of Lake Oswego would be good or bad for the City, and focusing their energies on the good areas. Mayor Hoffman mentioned that this was the conversation that he wanted to have as part of visioning, discussing the question of what the community wanted to look like in 20 or 50 years. He concurred with the point about property taxes. He noted the questions relating to expansion: should Lake Oswego expand horizontally, vertically, or at all? He agreed that the Council needed to tackle these questions next year. Councilor Tierney asked how Lake Oswego stood up against the goal of the compact urban form. Mayor Hoffman indicated that Lake Oswego was held up in the region as a model of the compact City Council Special Meeting Minutes Page 9 of 11 August 18, 2009 55 urban form. Councilor Tierney commented that he thought Lake Oswego could be a more walkable community than it was today. Councilor Jordan observed that the numbers driving the supply range were based on current zoning. She held that jurisdictions' stated intentions of increasing density needed to be part of the conversation, as that would drive whether Metro needed to expand the UGB in the first go round. She pointed out that Lake Oswego was looking more at shifting density than adding it. She argued that what happened with other areas, such as the West End light industrial area, were also issues for consideration. She agreed that a visioning process could identify pockets for higher densities than single-family homes. Councilor Olson mentioned that both the Oregon Department of Fish &Wildlife and ODOT were opposed to urbanization of the Borland Road area. She concurred with Councilor Jordan that ODOT opposed development because it did not have the money to build roads. Mayor Hoffman noted the PAC's straw poll, which found that the majority wanted to designate the Borland Road area only as an employment area with a slight minority wanting to designate the entire Stafford Triangle as urban reserve. He mentioned his understanding based on conversations with people on the Steering Committee that"the winds were pointing to" urban reserve or undesignated. He reviewed Lake Oswego's position: urban reserves tied to transportation on the southern portion and maintaining Stafford's character as rural in nature. He noted the question raised by Councilor Tierney of whether the community wanted to grow, and in what direction. If the community decided that it wanted to expand into North Stafford, then they had to change the Comprehensive Plan. Councilor Hennagin asked if the Council was not bound to the Comprehensive Plan as the law of Lake Oswego, which called for keeping it rural in nature. Mayor Hoffman explained that he saw the Comprehensive Plan as `policy,' as opposed to law.' He held that ordinances were laws but not Comprehensive Plan goals. He asked when the policy regarding Stafford had been added. Councilor Olson recalled the Interagency/Intercity agreement signed in 1992 about keeping Stafford rural in character. Mayor Hoffman indicated to Councilor Hennagin that the agreement was a joint statement, as opposed to enforceable law. Councilor Moncrieff asked if the September 5, 2009 aspiration statement was the Council's official statement. Mr. Egner indicated that it was what staff submitted to Metro. He noted that it was not binding and simply stated the Council's position. Councilor Moncrieff described the aspirations statement as excellent. Mayor Hoffman concurred. Councilor Olson did also, reiterating that it was not binding. She mentioned that the agreement preceding it was more binding. Councilor Moncrieff commented that the aspirations did not conflict with the Comprehensive Plan and reinforced what the City has been saying all along. Mayor Hoffman asked if anyone was uncomfortable with the aspiration statement stating that upper Stafford should remain rural in character and that the Borland area could be urbanized under certain conditions. Councilor Olson indicated that the only sentence that she did not like in the City's aspirations statement was in the last paragraph. She held that the stated expectation that Lake Oswego would have a primary decision-making role, if Stafford were included as an urban reserve, was not something on which the Council has agreed. Councilor Jordan argued that the idea was that Lake Oswego wanted to have input on what happened in Stafford, and not that Lake Oswego would take the area over. Councilor Moncrieff indicated that she read it as wanting a voice at the table. Mayor Hoffman pointed out that if one was not at the table, then one was on the menu. He concurred that the idea was that Lake Oswego would be at the table of the four jurisdictions interested in Stafford. He argued that it was critically important that Lake Oswego be at the table. City Council Special Meeting Minutes Page 10 of 11 August 18, 2009 56 Councilor Olson clarified that she thought that Lake Oswego did need to be at the table, but she held that that was not what the sentence said. She acknowledged that the other Council members have interpreted it as having a voice at the table. 4. EXECUTIVE SESSION Mayor Hoffman recessed the meeting at 8:41 p.m. to Executive Session under the authority of ORS 192.660 (2) (e) to conduct deliberations with persons designated to negotiate real property transactions. Mr. Powell reviewed the Executive Session parameters. 5. RETURN TO OPEN SESSION Mayor Hoffman reconvened the meeting at 9:30 p.m. 6. ADJOURNMENT Mayor Hoffman adjourned the meeting at 9:31 p.m. Respectfully submitted, Robyn hristie City Recorder APPROVED BY THE CITY COUNCIL: ON Jack D. Hoffman, Mayor City Council Special Meeting Minutes Page 11 of 11 August 18, 2009 57 58 ��St O OSN'E CITY COUNCIL REGULAR MEETING MINUTES September 1, 2009 OREGO` Council President Jordan called the regular City Council meeting to order at 6:30 p.m. on September 1, 2009, in the City Council Chambers, 380 A Avenue. Present: Council President Jordan, Councilors, Hennagin, Moncrieff, Olson, Tierney, and Johnson. Mayor Hoffman was excused. Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Jane McGarvin, Deputy City Recorder; Joel Komarek, LOIS Project Director; Jeff Selby, Citizen Information Coordinator; Guy Graham, Public Works Director; Russ Chevrette, Engineering Tech III; The Council heard Item 4.0 at this time. 3. PRESENTATIONS 3.1 LOIS Update Mr. Komarek introduced Jeff Selby, Citizen Information Coordinator. He gave a construction update. He reported that the first phase of the six phases of the LOIS project was complete with the re-opening of Bryant Road two weeks ago. He mentioned the estimated construction cost of $1.2 million, which included $200,000 added to the budget because of differing site conditions, owner-directed changes, and design changes. He reviewed a series of photos of the LOIS Project equipment and process. He explained that the differing site condition shown on the Bryant Road project resulted from the lack of records showing the piping layout under the road, and the need to make adjustments in the field. He showed pictures of the downhole drill, the 12" by 12" timbers for covering the trestle, the pile installation in the West End of the lake, prototype testing of the internodal cable bracket and the tether bracket assembly, and the buoyancy pipes. He noted that the `variable moment hammer' used in installing the piles was extremely quiet. He confirmed that the brackets and tethers passed the prototype testing with flying colors; the team has given the go-ahead to the contractor to begin fabricating them. He mentioned the recently executed agreement between the City and the School District to allow LOIS Project contractors temporary access through the Swim Park over the winter season. He reported that the DRC approved the Bryant Pump Station on August 3, and the team has begun the contractor prequalification process. He indicated that soon staff would start the prequalification process for the lake down phase. Mr. Selby gave the communications update. He mentioned Mayor Hoffman's thank you letter to those affected by the Bryant Road closure, which the Lake Oswego Review published last week. He noted the Northwest Construction magazine's upcoming article focusing on the lake full part of the project, and a picture with extended caption about the trestle construction, which the Oregonian ran on August 27. He reported that the documentary crew just wrapped up shooting for the second webisode, which should be out in October. He noted that the number of calls coming into the LOIS hotline has decreased significantly since Bryant Road re-opened, and that he has received no calls about the pile driving operation in the West End, which was a testimony to the construction company. City Council Regular Meeting Minutes Page 1 of 10 September 1, 2009 59 He mentioned an e-mail that he sent out to the e-mail list on August 26 with a link to a video construction update. He reported receiving three e-mails back with positive comments on the video and the information provided. He indicated that the boat tours, which the team had suspended for boat maintenance, would resume. He reported that the satisfaction survey they sent out to all boat tour participants returned as 100% found the tour worthwhile and helpful in understanding the project. He spoke of the tour and briefing given to the interns visiting from the Oregon State University Civil Engineering Cooperative program. He indicated that August vacation time affected the number of visitors to the LOIS website. He reviewed the upcoming public relations events planned by the team, including a booth at the Farmer's Market this Saturday. He said that they started putting up the three-week look ahead schedule on the website, which has proven helpful to citizens trying to find out what was going on. He indicated that the team continued with the Facebook, Twitter, and YouTube updates. He reported the team's submission for the Good Governance Award from the League of Oregon Cities, focusing on the LOIS outreach efforts. Mr. Komarek presented graphics illustrating the schedule and budget updates. He noted that the team was right on time for the Bryant/Kelok Road project, and that the other activities were moving ahead on schedule. He reported that the team has spent $18.7 million on the project, with most of the money spent on the lake full project to date. He explained that receiving construction estimates for both the Bryant Road Pump Station and the lake down phase within the next month and a half would give the team a better sense of where those projected project costs fell relative to the plan costs. Mr. Komarek indicated to Councilor Tierney that the contractor reported at this morning's meeting that they were at about three anchor installations a day. He stated that he was confident that the contractor would meet the schedule. Mr. Komarek explained to Councilor Hennagin how the sewer line would attach to the pilings. He confirmed that these pilings were substantially different from the pilings for the old sewer line. Council President Jordan commented that she had appreciated her tour on the lake. She spoke of her amazement at how little room on the lake these large pieces of equipment took, speculating that people had more fun on the lake this summer than they had anticipated. 3.2 Arts Council Presentation Don Caldwell, Arts Council Chair, introduced the Arts Council Board members present: Malcolm Mathis, Chuck O'Leary, Lynn Hennagin, Ralph Tahran, and Bonnie Schlieman. He introduced Cheryl Brock, Executive Director, and Susan Bitzer, Program Manager. He discussed the Gallery Without Walls, which encompassed 30 pieces of sculpture on the streets of Lake Oswego. These pieces were on loan from artists and rotated in and out every two years. He mentioned the celebration held last week to introduce the 14 new pieces added this year. Ms. Brock directed the Council to a flyer in the packet she had distributed, which listed the pieces and their artists. She mentioned that the artist from Colorado had graduated from Lake Oswego High School. Mr. Caldwell discussed the Selection Committee's process in choosing the artwork for display. He mentioned that they started their work a year in advance. He noted their extensive research into possible artists, their careful review of the artist proposals received in response to the call for entries, and their careful selection of the right location for each piece of art. He discussed the lengthy installation process, which involved a wide range of hundreds of people, both professionals and volunteers. City Council Regular Meeting Minutes Page 2 of 10 September 1, 2009 60 Ms. Brock presented a case study on one of the artists, Mike Surrey, a local Portland artist who produced Sprout, a work in steel located on the Headlee Pathway. Mr. Caldwell discussed the various ways to enjoy this unique outdoor gallery for free, including the kick off celebration, docent-led tours, and just walking around the streets. He mentioned that the docent program involved a partnership with the Arts Literacy program for 5th and 6th graders at the School District. He noted their partnership with the Lake Oswego Rotary for sculpture maintenance work. He mentioned the People's Choice Award, in which Lake Oswegans voted for their favorite piece of sculpture. The City then purchased the winning artwork for its permanent collection. Ms. Brock concurred with Mr. Caldwell that the Gallery Without Walls program was just a sliver of what the Arts Council did. She directed the Council to the process sheet for the Gallery Without Walls program, which described the process steps in getting a sculpture on the street. She noted a second sheet that listed the Arts Council's other programs, including the Chronicle Invitation Exhibition (38 artists invited to showcase their finest work about Lake Oswego). She noted that the Public Art Committee was very active. This year they cataloged all the indoor and outdoor work in the City's collection. She mentioned moving the Fairy Tree from George Rogers Park for repair. She said that the Committee also juried for the People's Choice Award and the Chronicle. She spoke of the special project at the new Lakeshore Park, for which they used 1.5% for the Arts funds. She indicated that they also held the Annual Playwright's Competition. She pointed out the Arts Council's budget sheet, which provided a breakdown of how they spent their funds. She explained that their usual $80,000 from the City contract increased to $105,000 because of the $25,000 cost for pedestals this year. She indicated that they have already received $21,000 out of the $25,000 raised in sponsorships. She commented that they looked forward to a work session at which they could discuss in more detail a plan that they were working on regarding the future of public art in Lake Oswego. Mr. Caldwell expressed the Arts Council's appreciation for the partnership with the City, which allowed it to do what it did best in working with artists and volunteers to make Lake Oswego an arts community. Council President Jordan explained that she asked Ms. Brock to make this presentation prior to the Arts Foundation contract coming on the Council agenda at its next regular meeting so that people could understand the relationship between the City and the Arts Foundation. She discussed the history of the Arts Council, noting that it had started out as a Council Advisory Board. Eventually it transmuted into an Arts Foundation as a better way of raising funds to help in doing the kinds of arts projects that the Council hoped would happen in the city. She said that the Foundation has worked under a one-year contract for several years, but this status was now proving an encumbrance in obtaining grants and other funding. She spoke of the City Council discussing this as a budget issue, with an opportunity perhaps in 2010 to grant a longer-term contract. She commented that doing so would enhance both the City's commitment to art and the Foundation's ability to obtain the funding they needed to continue their work. Councilor Tierney congratulated the Arts Council on the excellent job it has done. He noted that their budget sheet showed a net deficit for the fiscal year that just ended. He expressed concern about the sustainability of the organization. Mr. Caldwell discussed the programs that the Arts Council has started for fundraising. He noted the business sponsorships that have already brought in $21,000. He spoke of selling artwork out of the Gallery Without Walls, for which the Foundation would receive a commission. He mentioned the house parties recently begun for fundraising, with Judie Hammerstad having hosted the most recent party a month ago. Ms. Brock pointed out that last year was a transitional year for the organization. She explained that they hired a part-time program manager in order to free up another person for more fundraising work. City Council Regular Meeting Minutes Page 3 of 10 September 1, 2009 61 4. CONSENT AGENDA Councilor Moncrieff moved the Consent Agenda. Councilor Hennagin seconded the motion. A voice vote was taken, and the motion passed with Council President Jordan, Councilors, Hennagin, Moncrieff, Olson, and Tierney voting "aye." [5-0] Council President Jordan welcomed the Youth Councilors and Youth Advisory Board members and invited those present to come forward and introduce themselves. She noted that several members were returning. • Ben Silbert, Lakeridge senior, second year on Youth Council • Weston Cooper, Lakeridge senior, second year on Youth Council • Marshal Kosloff, second year on Youth Council, also on Sustainability Advisory Board • Whitney Tolar, Jesuit High School senior, Historic Resources Advisory Board • Anuja Chandrana, Lake Oswego senior, Youth Council • Sammy Silbert, Lake Oswego junior, Natural Resources Advisory Board • John Rizzo, Jesuit High School junior, Parks & Recreation Advisory Board 4.1 RESOLUTIONS 4.1.1 Resolution 09-53, authorizing mutual aid and assistance agreement for the provision of emergency services related to water and wastewater utilities with Oregon Water/Wastewater Agency Response Network(ORWARN) Action: Adopt Resolution 09-53: 4.1.2 Resolution 09-54, authorizing the Portland Metropolitan Area Transportation (PMAT) Co-Operative Intergovernmental Agreement for Equipment and Services Action: Adopt Resolution 09-54: 4.1.3 Resolution 09-55, authorizing a Cooperative Public Agencies of Washington County for equipment and services Action: Adopt Resolution 09-54: 4.1.4 Resolution 09-56, making appointments to the Youth Council and Youth Members of Advisory Boards Action: Adopt Resolution 09-56, appointing Marshall Kosloff, Weston Cooper, Ben Silbert, William Rathje and Anuja Chandrana to the Youth Council; and Whitney Tolar to the Historic Resources Advisory Board; Kevin O'Leary to the Library Advisory Board; Samantha Silbert to the Natural Resources Advisory Board; Marshall Kosloff to the Sustainability Advisory Board, and John Rizzo to the Parks & Recreation Advisory Board; each for a respective one-year term expiring August 31, 2010. 4.2 APPROVAL OF MINUTES 4.2.1 May 19, 2009, Regular meeting 4.2.2 May 26, 2009 Jt Meeting with City of Tigard Special Meeting 4.2.3 June 2, 2009, Regular meeting 4.2.4 June 16, 2009, Regular meeting 4.2.5 June 23, 2009, Special meeting Action: Approve minutes as written END CONSENT AGENDA City Council Regular Meeting Minutes Page 4 of 10 September 1, 2009 62 5. ITEMS REMOVED FROM THE CONSENT AGENDA 6. CITIZEN COMMENT • Scott Schoen, 13521 Snowberry Court He referenced the letter that he had sent to each Council member regarding the recent City Parks & Recreation Department's enforcement of the off leash law at Westlake Park. He noted that for years, the City has turned a blind eye to dog owners using the park, as long as they were considerate and cleaned up after the dogs. He explained that the 40 plus families who regularly used Westlake Park to exercise their dogs had no other place to go to on the west side of town. He asked the City to find a new off leash area on the west side of town, possibly at West Waluga Park or at the West End Building. He pointed out that Westlake and the surrounding neighborhoods were the most densely populated areas in the city. He noted that the only City off leash dog park was five miles away at Hazelia. He acknowledged that the City designated Westlake Park primarily as a sports park, which was fine, but he argued that it would be nice to have some place for the dogs also. He recalled that prior to the City's enforcement, dog owners were the most consistent users of the park on a daily basis and in all weather. He argued that an off leash area fostered a sense of community among dog owners and made neighborhoods more livable, as well-exercised dogs were well-behaved dogs. He mentioned his communications with Kim Gilmer, but he decided to present his case to the Council in hopes of moving it up on the priority list. He indicated to Councilor Olson that Ms. Gilmer has been very responsive to their concerns, but he felt that her plate was full, and that she had limited resources and time available. Councilor Olson mentioned that the Council has been wrestling with the issue of not designating new uses in parks until staff finished the new Parks Master Plan. Mr. Schoen said that Ms. Gilmer had not mentioned that. He recalled the e-mail he received from Councilor Hennagin suggesting that any movement on this issue would have to come from staff or citizens. Mr. Schoen suggested setting up a temporary area, as had been done at Hazelia. Council President Jordan recalled that that temporary area became an issue, which resulted in the Council policy that Councilor Olson mentioned. She indicated that, as a dog owner and former user of Westlake Park as an off leash park, she sympathized with the dog owners' concerns. Mr. McIntyre reported that this was a high priority on Ms. Gilmer's list; she has already talked to him about finding an area, temporary or otherwise, for dogs and their owners to use. He indicated that West Waluga Park and the West End Building came up in the conversation. He said that Ms. Gilmer was also meeting this week with the Executive Director of the Mountain Park HOA to discuss the same issue. He emphasized that staff was working on this issue, but noted that every solution had unintended consequences. • Jonathan Snell, 3250 Upper Drive Mr. Snell discussed his concern that the active erosion by the City's urban streams, in response to the urban conditions of impervious surfaces and piped streams, was the primary source of pollutant loading in to Oswego Lake and the Tualatin River in the form of phosphorous, which affected algae growth. He argued that by taking a holistic, system-wide approach, the City could change the stream function and response to work in the City's favor. By manipulating the streams to reduce the erosion, they could reduce the phosphorous levels. He asked the Council, when staff brought the Clean Streams Plan back before them, to keep in mind this idea of tweaking the system by taking a holistic systems approach to stream functions and benefits to the City. City Council Regular Meeting Minutes Page 5 of 10 September 1, 2009 63 • Gary Buford, 5 Camelot Court He mentioned hearing on the news that the part of the problem with the forest fires in California was that they were burning in an area of old unkept forest that has not been cleaned out in 10 years. He pointed out that the City's Sensitive Lands Ordinance has been in effect for 10 years. He commented that, while the ordinance did not specifically say that nothing could be removed from a resource conservation overlay area, he did know that Ms. Papaefthimiou has implied and suggested that nothing be removed. He suggested that the City consider taking out an insurance policy on each person with a resource conservation district to insure the property owner from any future fires caused by or related to brush in the resource conservation overlay district. He confirmed to Councilor Hennagin that the ordinance encouraged property owners of tree groves designated as sensitive lands to clear out blackberries and ivy, and to replant with native species. He pointed out that the ordinance also said that no native plants could be removed. He observed that the hazelnut, a native plant, was brush that grew profusely. He commented that he did not know whether ivy or blackberries were fire-prone but he did know that dried out brush, if it has grown tall, provided a fire ladder into a tree canopy. Once a fire got into the tree canopy, it was all over, as that was very difficult to put out. Councilor Olson recalled reading recently in an ordinance that a property owner was to leave a dead tree where it fell for habitat purposes. Mr. Buford concurred, but said that he could not find that specifically stated in the Sensitive Lands Ordinance. He reiterated that Ms. Papaefthimiou emphasized doing so. Council President Jordan commented that kids in outdoor school learned that those were nurse logs, which helped with the rest of the environment. She observed that if a log created more problems than it did good, removing it would not likely be an issue. Councilor Johnson acknowledged Mr. Buford's point. She mentioned taking college classes in Forest Health. She said that she would be happy to talk with him about the differences in climate and plant types between Oregon and California, and how those played a role. Mr. Powell indicated that the Tree Code contained a provision under the criteria for dead tree removal permits that if a dead tree within a natural area or resource conservation area should be preserved for habitat, unless the tree presented a potential hazard to persons or property. 7. PUBLIC HEARINGS 7.1 Ordinance 2542, a special ordinance of the City of Lake Oswego vacating Patton Street between McVey Avenue and South Shore Boulevard Mr. Powell reviewed the procedures for a quasi-judicial hearing and the testimony time limits. He noted that the criterion under state law was whether the public interest would be prejudiced by the vacation of the right-of-way as proposed. He asked if the Council members had any ex parte contacts, bias, or conflicts of interest to declare. Councilor Moncrieff declared that she read an e-mail she received related to the property. Mr. Powell noted that copies of the full text of that e-mail and its attachments were available outside the room. He gave a brief summary of the contents and the attached photos and e-mails from neighbors in opposition. He mentioned the October 17, 2007, meeting minutes of the McVey/South Shore Neighborhood Association, at which the applicant presented a development concept; the statements were generally supportive, although those in opposition were not at the meeting. Councilor Hennagin declared that he read the e-mail but not the attachments. Council President Jordan declared that she read the e-mail and stopped reading the attachment when she realized what it was. She forwarded the e-mail to Mr. Powell. City Council Regular Meeting Minutes Page 6 of 10 September 1, 2009 64 Councilor Tierney declared that he read the e-mail and some of the attachment. Councilor Olson declared that she read both the e-mail and the attachment. Councilor Johnson declared that she read the e-mail but not the attachment. Mr. Powell asked if there were any challenges from the audience. There was none. STAFF REPORT Mr. Chevrette explained that this proposal emerged from a development proposal in 2001 for a zone change and a townhouse development on the property adjacent to the west of the Patton Street right-of-way. He said that the issue before the Council tonight was not the merits or demerits of that development proposal but rather whether the City needed to keep this right-of-way in the public domain for any public purposes in the future. He reviewed the petition process initiated by Jeff Prince, the property owner seeking to develop a townhouse project, to get the consent of the abutting owners and two-thirds of the affected area property owners, as required by State law. He reported that staff found the petition valid, and began the review process to determine the benefits of maintaining or disposing of this right-of-way. He indicated that the City's Traffic Engineer clearly stated that this was a very bad place to put a street, given its location relative to McVey and South Shore. He discussed the utilities, pathway, and stream corridor access easements that staff recommended keeping. He mentioned that the City would require the developer of the adjacent property to build the pathway connection between McVey and South Shore along this easement. Councilor Hennagin asked about Exhibit G. Council President Jordan noted that it was from the old development and no longer applicable. Mr. Chevrette indicated to Councilor Olson that the curved line on Exhibit G was the stream corridor delineation for Lost Dog Creek identified at the time of the original application. Council President Jordan commented that the stream corridor ran through the undeveloped right-of-way; therefore, any development of the adjacent property would need to meet the City's Sensitive Lands Code for stream corridors. Councilor Tierney mentioned that he was serving on the DRC at the time of the original development application. He recalled that Patton Lane had egress and ingress from South Shore Blvd, yet Mr. Chevrette testified this evening that it had no value as a traffic right-of-way. Mr. Chevrette clarified that it had no value to the public as a public thoroughfare connection but a developer could build a private driveway in that location. Mr. Chevrette confirmed to Council President Jordan that the traffic engineer did say that the connection of Patton Street to McVey at that point was a very bad connection. PUBLIC TESTIMONY Council President Jordan opened the hearing to public testimony. APPLICANT Jeff Condit, Miller Nash, representing Jeff Prince, lead petitioner for the vacation, noted that Mr. Prince and Paul Sedoric, the project architect, were present in the audience. He explained that Exhibit G was one of the conceptual plans presented to the neighborhood association in 2007. He concurred that it was not before the Council tonight. He reviewed the history of this development proposal in order to explain why Mr. Prince was the chief petitioner for this right-of-way vacation. He mentioned the controversy in the neighborhood that resulted in several redesigns, the DRC approval of the design approved by the neighborhood, and the Council's condition of approval requiring that the developer build the development exactly to those plans, with only minor variations allowed. He indicated that Mr. Prince agreed to that City Council Regular Meeting Minutes Page 7 of 10 September 1, 2009 65 condition because he wanted to assure the neighborhood that he would follow through with the design. He discussed the problem that the Council's condition created when Mr. Prince could not get enough signatures for a petition to vacate the Madrona Street right-of-way; the DRC conditions of approval required vacation of both the Patton Street and Madrona right-of-ways. He reported that the Council turned down Mr. Prince's request in 2005 to vacate the Madrona right-of-way on its own motion. He explained that, following discussions with staff about re-designing the project without the Madrona right-of-way vacation, and in light of the City's changed building standards for the zone, Mr. Prince reluctantly agreed with staff that he could not re-design the project without a more substantial amendment than allowed under the Council's condition of approval. He noted that today the DRC approval has expired and was illegal under the City's current standards. Therefore, Mr. Prince could do nothing with the property— not even build a single-family home on it—without coming back in for a zone change and a new development review process. He indicated that, while Mr. Prince intended to do so, he did not want to go through the whole process and then discover that he could not get the Patton right-of-way vacation either. Therefore, he was requesting this vacation in order to gain assurance that he could design the property in light of the vacation, and to gain certainty that he would be able to build whatever development the City eventually approved. He mentioned that Mr. Prince realized that approval of the vacation tonight was not a guarantee of development; he would have to demonstrate compliance with all the new Code criteria, including stream corridor setbacks. However, it would give him the certainty he needed to move ahead with the project design. He argued that the street vacation stood on its own merits, as Mr. Chevrette indicated. He pointed out that, under the City's current standards, it was illegal to put a road in at that location. He mentioned the easements recommended by staff to retain the important public benefits of the right- of-way for utilities, a pathway, and stream corridor access. He acknowledged that the City would require the developer to build the pathway and protect the stream corridor. He argued that approval of the vacation woud remove uncertainty from Mr. Prince's future plans and benefit the public interest by reserving easements to protect the public interest. COUNCIL QUESTIONS Mr. Condit confirmed to Councilor Hennagin that, upon vacation, the east half of the right-of-way would revert to the adjacent property owner. He reviewed how street vacations worked. He indicated to Councilor Hennagin that, theoretically, since the Madrona right-of-way would not be vacated, the developer could use it as access to the property in addition to an access off South Shore. He explained that the neighborhood had objected to a Madrona access, and the design approved in 2003 did not provide for such access. He mentioned their preliminary thinking of reserving an access strip along the client's property boundary in order to prohibit such access as a means of assuring the neighborhood that it would not happen. He confirmed to Councilor Hennagin that using the Madrona access would reduce the number of accesses on to South Shore. He explained that this property was four legal lots that could be developed with individual homes; some had access off Madrona and some off of South Shore. He indicated that the idea was to consolidate the lots through a townhouse development and have one safe access point off South Shore. Councilor Hennagin asked why the neighborhood originally objected to development. Mr. Condit recalled that access, density, and location close to the subdivision were all issues. He indicated that Mr. Prince believed that he could design a development on this site within the constraints City Council Regular Meeting Minutes Page 8 of 10 September 1, 2009 66 consistent with what the neighborhood would want to see. He observed that the development review process and the zone change process would fully air those issues. Mr. Powell indicated to Councilor Moncrieff that the overriding test for a right-of-way vacation according to State law was whether the public interest would be prejudiced by the vacation of the street. He noted the policies in the Council packet detailing what previous Councils adopted to define what the City meant by that. He mentioned that right-of-ways were typically granted to cities for transportation and utility purposes, but not for natural resource protection outright. He explained that reserving access to the stream corridor in this case was part of the City's surface water utility. He said that he would not advise the Council to maintain a right-of-way for natural resource preservation purposes. Mr. Condit indicated to Councilor Olson that the property owner on the east side supported the vacation. He said that he could not answer the question of whether that property owner was aware that Lost Dog Creek went through the right-of-way. He pointed out that, while the vacation changed the ownership of the right-of-way, it did not change the obligation of a property owner to comply with the City's stream corridor preservation requirements. He argued that putting this in private ownership, and losing the possibility of turning it into a road, was a better preservation of the natural area. He noted that the City had provisions already in place that would protect the stream corridor in the event of any development on the gas station property. Mr. Powell concurred. Councilor Olson confirmed to Mr. Powell that she was asking whether the abutting property owner was aware that he was back in control of a portion of the property that had a sensitive lands designation, and thus subject to the City's Sensitive Lands Ordinance. Mr. Powell said that he did not know whether staff informed the abutting property owners about that, but it would be a good thing to do. Mr. Condit indicated that Mr. Prince was fully aware of that and would take it into account in any proposed development. There was no other public testimony. Council President Jordan closed the hearing to public testimony. COUNCIL DISCUSSION Councilor Moncrieff commented that the proposal looked well written in covering the stream corridor delineation and providing for the necessary utility and pathway easements. Given that it could not be used as a roadway, she thought it reasonable to vacate it. Councilor Hennagin indicated that, given the legal standard of whether the public benefit would be prejudiced by this vacation, and the fact that the City could not use it as a roadway, he felt that the Council was almost mandated to vote in favor of it. Council President Jordan referenced Resolution 06-56, which a previous Council passed respecting street vacations. She recalled that that previous Council had approved a street vacation, which had the unintended consequence of granting an outright benefit to an adjacent property owner; the Council had not wanted that to happen again. She agreed that it was clear that the City did not need the property for a roadway and staff had reserved the necessary easements. Councilor Johnson moved to approve Ordinance 2542. Councilor Tierney seconded the motion. A voice vote was taken, and the motion passed with Council President Jordan, Councilors, Hennagin, Moncrieff, Olson, Tierney, and Johnson voting "aye." [6-0] City Council Regular Meeting Minutes Page 9 of 10 September 1, 2009 67 8. INFORMATION FROM THE COUNCIL 8.1 Councilor Information Councilor Hennagin encouraged citizens to ask for a water audit by the City's Water Conservation expert, Kevin McCaleb, as a means of decreasing water usage and saving money on water bills. He reported that, as a result of his water audit, his flower beds were doing fine with half the water he had been using, and despite the tiered water rates, his water bill went down last month. Mr. McIntyre mentioned staff's intent to ask Councilors Hennagin and Moncrieff to make a presentation on their water audits at the September 15 meeting. He explained that he thought that people seeing true pictures and hard data drove the message home more strongly than simply anecdotes. 8.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees 9. REPORTS OF OFFICERS 9.1 City Manager 9.1.1 Review of Council Schedule Mr. McIntyre informed the Council that staff has invited the citizen members of the Budget Committee to join the Council at the September 8 budget de-briefing. He asked that all Budget Committee members who have not yet returned the questionnaire do so, as their feedback would greatly aid the discussion next week. He advised the Council that Mayor Hoffman was rescheduling the September 8 meeting to start at 7:00 p.m., rather than at 6:30 p.m., because he needed to testify before the Clackamas County Commission regarding Stafford and the urban reserves question. Council President Jordan announced that the City hired Jane Blackstone as the new Economic Development Director, starting September 8. 9.2 City Attorney 10. ADJOURNMENT Council President Jordan adjourned the meeting at 8:03 p.m. Respectfully submitted, 61674) Robyn Christie City Recorder APPROVED BY THE CITY COUNCIL: ON Jack D. Hoffman, Mayor City Council Regular Meeting Minutes Page 10 of 10 September 1, 2009 68 7 . 1 Aotm,EOs `4 Ar � 10-6-09 CITY OF LAKE OSWEGO COUNCIL REPORT 0.4 TO: Jack D. Hoffman, Mayor Members of the City Council Alex D. McIntyre, City Manager FROM: Carol Bryck, Assistant Finance Director Jordan Wheeler, Management Analyst SUBJECT: Resolution 09-59, FY 2009-10 Budget Amendment 1 DATE: September 28, 2009 ACTION Adopt Resolution 09-59 to adjust the budget for fiscal year 2009-10 and make certain appropriations. INTRODUCTION After the adoption of the budget, Oregon law allows cities to make changes to appropriated expenditures or recognize increased revenues through various means including resolution transfers and supplemental budgets. A resolution transfer is the decrease of one existing appropriation and a corresponding increase in another existing appropriation. A resolution transfer can occur within the same fund or from the general fund to another fund. An example of a resolution transfer is the decrease of appropriations in a fund's contingency and a corresponding increase in the same fund's materials and services budget. The resolution must state the need for the transfer, the purpose for the authorized expenditure, and the amount of appropriation transferred. A supplemental budget is required to increase total appropriations in a fund, create a new appropriation category, or recognize new or increased revenues. A supplemental budget must meet the following conditions: 1) An occurrence or condition which had not been ascertained at the time of the preparation of the budget which requires a change in financial planning; 2) a pressing necessity which was not foreseen at the time of the preparation of the budget which requires prompt action; or 3) funds were made available by another unit of federal, state or local government and the availability of 69 Council Report 09/30/09 Page 2 such funds could not be ascertained at the time of the preparation of the budget for the current budget period. BACKGROUND In May 2009, the Budget Committee approved the fiscal year 2009-2010 budget which the Council adopted on June 16, 2009. Since then, subsequent Council decisions and actions, unascertained circumstances, and the receipt of new revenue requires adjustments in certain appropriation categories. Additionally, there are several projects that began in the previous fiscal year during the summer work season, but due to various accounting reasons, they were not completed and invoiced until after the end of the fiscal year. Historically, the City has utilized supplemental budgets or resolution transfers to make changes associated with the completion of projects budgeted in the previous fiscal year and to adjust the budget to account for the unforeseen circumstances that arise after the development and adoption of the budget. The last budget amendment was approved in June to make final adjustments before the closing of the 2007-09 biennium. In many cases, the City has enough flexibility in existing appropriations or through appropriation transfers in the existing budget to accommodate smaller or less impactful unascertained or unforeseen program or project expenses. The Council should be aware that as the fiscal year progresses, the City's flexibility diminishes. The budget amendment process is a tool that allows the Council to make certain adjustments to address changes in financial planning and keep some flexibility in carrying out the City's goals. DISCUSSION Resolution 09-59 includes supplemental budgets and resolution transfers. The budget amendment will increase the City's Budget by approximately $2 million in five funds to recognize new grant revenue and its related expenses, to account for unascertained larger beginning fund balances related to projects that were previously budgeted but not completed last fiscal year, and the transfer of appropriations to respond to circumstances that have emerged since the preparation and adoption of the budget. General Fund • The General Fund beginning fund balance is $415,756 higher than projected due to a few projects that could not be completed or funds expensed prior to June 30, 2009. • In August, the City was awarded $157,000 through the Department of Energy's Energy Efficiency and Conservation Grant (EECBG) program. The grant program is a part of the federal stimulus package and the funds will be used for 70 Council Report 09/30/09 Page 3 improving energy efficiency through lighting retrofits on city facilities and other projects managed by the Sustainability Office in the City Manager's Office. While the City was eligible to receive these funds based upon other criteria, an application still had to be completed and approved before the grant was awarded. $50,000 of the grant monies for the lighting retrofit project will be budgeted in the Facilities Management division with the remaining funds budgeted in the City Manager's Office. • General Fund projects that were previously budgeted, but not completed or expensed in fiscal year 2008-09 include the following items: o $60,000 for the First Addition Alley Project which had the majority of its work finalized in July and August. The original budget for the project was $100,000. o $40,000 to finish the market and retail studies and surveys for the newly established Economic Development program which is a 2009 Council goal. The studies commenced in fiscal year 2008-09, however the City was not invoiced until after June 30. o $95,000 for Parks & Recreation to complete the Golf Course and Tennis Facility Feasibility study, the George Rogers/Ladd Street improvements, and invasive species removal at George Rogers Park which was funded by grant proceeds from fiscal year 2008-09. All three of these projects were budgeted in the previous biennium but were not able to be completed before the close of the fiscal year. • Circumstances that require new spending authority in the General Fund include the following projects and expenses. These expenses will be paid through a resolution transfer from the General Fund's contingency to the departments' appropriation categories and with funds from the revised beginning fund balance: o In July, the City Council directed staff to proceed with drafting an agreement to develop the framework plan for the redevelopment of the Foothills area. The total amount of the planning activities are estimated to be approximately $1.5 million, although only $400,000 is being requested at this time for fiscal year 2009-10; o Parks Maintenance requests $36,000 for two new vehicles to replace two vehicles that are now dysfunctional and have been pulled from the fleet due to safety and operational concerns. The old vehicles will be sold as surplus through the State of Oregon, but have minimal value; o Three Rivers Land Conservancy (TRLC) is requesting $10,000 from the Parks & Recreation Department to proceed with an environmental analysis and permitting required for the construction of the Rosemont 71 Council Report 09/30/09 Page 4 Trail. TRLC has partnered with the City of Lake Oswego and the City of West Linn to plan and design the trail. They have now successfully negotiated easements with landowners to expedite the alignment and construction of the City's portion of the trail. The funds from Lake Oswego will bridge a funding gap for the environmental studies for the portion of the trail that will connect Lake Oswego to West Linn. This payment will move the Rosemont Trail project forward in a timely manner; and © The Planning & Building Services Department requests $35,000 for the Second Look Task Force for the Sensitive Lands issue. Water Fund • Through a resolution transfer, the Water Fund's appropriations will increase $23,000 for the City's Water Conservation and Management Program activities, The Water Conservation Program is budgeted and managed out the Water Treatment Plant division. This adjustment includes $8,000 in part time salaries for temporary staff for the water conservation program which includes the popular water audits, and the balance is for the completion of a water conservation project budgeted in FY 08-09 to install two weather stations. The stations will communicate real-time weather to irrigation controllers and timers in City parks and facilities and report the data on the City's website. Surface Water Fund • The Surface Water budget also has a larger than forecasted beginning fund balance due to postponing capital projects until the Clean Streams Plan is evaluated and considered by Council. It was not ascertained at the time of the budget preparation that the funds budgeted for surface water capital were not going to be expended. The budget supplemental in the Surface Water Fund will use the revised beginning fund balance as resources and the remaining portion of the fund balance will be appropriated to the Fund's contingency. • The Surface Water Fund is requesting reinstatement of $25,000 in materials and services that was cut to meet policy minimums based on the projected fund balance from fiscal year 2009. The materials and services budget was reduced in order to accommodate the credit applied to the School District surface water charge for the addition of surface water management education in their curriculum. The credit reduced approximately $80,000 in revenue to the Surface Water Fund. The restatement of the $25,000 in the materials and services line will be used for activities associated with the renewal of the City's required MS4 permit. • An additional $26,000 is requested for the continuation of a contract budgeted in the previous fiscal year for consultant work on coordinating the MS4 permit renewal. 72 Council Report 09/30/09 Page 5 • $46,000 is needed for final work associated with the completion of the amendments to the Clean Streams Plan not expended in the previous fiscal year. Maintenance Services and Motor Pool Fund • The supplemental in the Maintenance Services and Motor Pool Fund is to recognize an unascertained larger beginning fund balance which is due to projects being delayed or not expensed prior to the close of the previous fiscal year. • Maintenance Services and Motor Pool requests $150,000 for the Conditional Use Process for the Maintenance Services building which was approved by Council in June as part of the City Facilities Strategy. It was not known at the time of the budget preparation and adoption whether the City Council's facility strategy would include direction to proceed with this process for the maintenance building. • The adjustment in appropriations also reflects $82,000 to finish repairs of the failed Maintenance Facility exhaust system. Due to the age and condition of the building, improvements and repairs to the Maintenance Facility were budgeted in the 2007-09 biennium. • The various Utility Funds (Water, Wastewater, Surface Water) will also be transferring additional amounts into the Maintenance Services and Motor Pool Fund through resolution transfers to achieve a full cost recovery for fuel and vehicle/equipment repairs and maintenance. The ongoing cost allocation study will help accurately identify the appropriate transfer amounts to achieve full cost recovery for the fund. o Water $30,000 o Wastewater $30,000 o Surface Water $10,000 Future Adjustments for Medical Premiums and Labor Contracts The Oregon State legislature passed a bill this year requiring employers to pay an additional 1% on medical premiums to provide funding to uninsured children. This law goes into effect October 1, 2009. Funds are available through the operating contingency that was put aside during the budget process for potential COLA increases and insurance changes through the open enrollment process. We will distribute this 1% number when we ask for authorization to move the contingency after labor contracts have been finalized. The total impact for fiscal year 2009-10 will be approximately $32,000 (for the remaining 9 months) which will be spread across all funds with personnel services expenses when the operating contingency is distributed. 73 Council Report 09/30/09 Page 6 ALTERNATIVES & FISCAL IMPACT This budget amendment increases the fiscal year budget by $1,986,427 with $1,710,584 coming from unexpected increases in the beginning fund balances due to foregoing, delaying, or incomplete projects from fiscal year 2008-09. Additionally, there is $157,000 in new intergovernmental revenue into the General Fund from the EECBG. RECOMMENDATION Staff recommends Council adopts Resolution 09-59. ATTACHMENTS 1. Resolution 09-59 2. Summary of appropriation budget adjustments Reviewed by: Sustainability has been considered as part of this recommendation. Department Director Fin nce Direr r 1 SY Al x . Mcl tire Cit ,Man.ayer 74 RESOLUTION 09-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADJUSTING THE BUDGET FOR FISCAL YEAR COMMENCING JULY 1, 2009 BY ADOPTING A SUPPLEMENTAL BUDGET, APPROVING RESOURCES/REQUIREMENTS, AND MAKING APPROPRIATIONS. WHEREAS, certain conditions and situations have arisen since the initial preparation of the 2009-10 budget and necessitate changes in financial planning; and WHEREAS, these conditions include circumstances that could not be ascertained at the time which the budget was being prepared; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The City Council hereby adjusts the budget for fiscal year 2009-10 in the amount of$1,986,427; Section 2. The City Council hereby authorizes: A) The appropriation of resources and approval of requirements listed below; B) The transfers of funds and transfers of fund appropriations as listed herein. General Fund Adopted Revised Difference Resources: Beginning Fund Balance $19,587,222 $20,002,978 $ 415,756 Intergovernmental 3,965,000 4,122,000 157,000 $ 572,756 Requirements: City Manager $ 1,788,000 $ 1,955,000 $ 167,000 Economic & Capital Dev. 2,058,000 2,498,000 440,000 Facilities Management 1,180,000 1,230,000 50,000 Parks & Recreation 5,774,000 5,915,000 141,000 Planning & Building 3,476,000 3,511,000 35,000 Contingency- Non-dept 6,497,000 6,236,756 (260,244) $ 572,756 Explanation of Major Changes: The supplemental for the increase in resources in the General Fund reflects new revenue from the receipt of Federal stimulus funds through the Energy Efficiency and Conservation Block Grant (EECBG) program, and a previously unascertained increase in the beginning fund balance due to a few projects that were not completed or expensed in the previous fiscal year. Resolution 09-59 Page 1 of 4 75 The increase in requirements and transfer of appropriations in the General Fund reflects the completion of several projects that were not finished in the previous fiscal year and other circumstances that have developed since budget preparation and adoption. The previously budgeted but not completed projects include the FAN Alley project, which had the majority of its major work completed in July and August, the completion of market and retail studies for the City's new Economic Development program, the continuation of two Parks and Recreation projects, and the ongoing Golf and Tennis Feasibility Study. Expenditures of the previously unascertained resources include Foothills redevelopment planning activities, the replacement of two dysfunctional Parks Maintenance vehicles, expenses related to the Sensitive Lands Second Look Taskforce, and a contribution to the Three River's Land Conservancy for the completion of the Rosemont Trail. Water Fund Adopted Revised Difference Requirements: Personal Services $ 1,315,000 $ 1,323,000 $ 8,000 Transfer to Other Funds (Maint) 113,000 143,000 30,000 Capital Outlay 1,648,000 1,663,000 15,000 Contingency 6,580,300 6,527,300 (53,000) $ - Explanation of Major Changes: The resolution transfer in the Water Fund includes additional expenses related to the Water Conservation and Management program. The increase in personal services reflects the addition of a temporary part-time employee to assist in conservation program activities and the previously budgeted but not completed capital project to install two weather stations. An increase in transfers to the Maintenance & Motor Pool Fund is to achieve a full cost recovery for fuel and vehicle maintenance and repairs. Wastewater Fund Adopted Revised Difference Requirements: Transfer to Other Funds (Maint) $ 120,000 $ 150,000 $ 30,000 Contingency 5,241,685 5,211,685 (30,000) Explanation of Major Changes: The resolution transfer in the Wastewater Fund budget is to account for increased transfers to the Maintenance & Motor Pool Fund for full cost recovery for fuel and vehicle maintenance and repairs. Resolution 09-59 76 age 2of4 Surface Water Fund Adopted Revised Difference Resources: Beginning Fund Balance $ 61,277 $ 1,350,328 $ 1,289,051 Requirements: Materials & Services $ 274,000 $ 371,000 $ 97,000 Transfer to Other Funds (Maint) 55,000 65,000 10,000 Contingency 144,277 1,326,328 1,182,051 $ 1,289,051 Explanation of Major Changes: The increase in resources in the Surface Water Fund is due to capital projects not being completed in the previous fiscal year. It was originally estimated that the Surface Water Fund would have a smaller ending fund balance because capital projects associated with the Clean Streams Plan would be completed. The increase in appropriations in Surface Water requirements are to cover the cost of completing amendments to the Clean Streams Plan which was not completed in the last fiscal year, completing activities and contracts related to the City's MS4 permit renewal activities, and for increased transfers to the Maintenance & Motor Pool Fund for full cost recovery of fuel and vehicle repairs and maintenance. Maintenance & Motor Pool Fund Adopted Revised Difference Resources: Beginning Fund Balance $ 496,514 $ 551,134 $ 54,620 Transfer from Other Funds 613,000 683,000 70,000 $ 124,620 Requirements: Materials & Services $ 330,000 $ 480,000 $ 150,000 Capital Outlay 73,000 155,000 82,000 Contingency 137,514 30,134 (107,380) $ 124,620 Explanation of Major Changes: The supplemental in the Maintenance and Motor Pool budget is to recognize an unascertained larger beginning fund balance due to projects being delayed or not expensed before the close of the previous fiscal year. The increase in resources from transfers is for the Fund to achieve full cost recovery from the utility funds related to fuel and vehicle/equipment repairs and maintenance. The transfer and increase of appropriations in the Maintenance & Motor Pool Fund is to cover the cost of the Conditional Use Process, which was approved by Council in June, and to finish repairs to the building's'exhaust system which was previously budgeted but not completed last fiscal year. Resolution 09-59 Page3of4 77 Section 3. The City Manager or his designee shall certify, file with, and give notice to the County Clerks and County Assessors of Clackamas County, Multnomah County, Washington County, Oregon and the Oregon Department of Revenues, information as required by ORS 294.555. Section 4. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at a regular meeting of the City Council held on the 6th day of October, 2009. AYES: NOES: EXCUSED: ABSTAIN: Jack Hoffman, Mayor ATTEST: Robyn Christie, City Recorder APPROVED AS TO FORM: r max. 6/"1-e-e- ?-1_,E/ ity Attorney's Office Resolution 09-59 78 age 4 of 4 Resolution 09-59 CITY OF LAKE OSWEGO Attachment 2 Schedule of Original Appropriation Budget adjustments for Fiscal Year 2009-10 Original Amendment Final Budget #1 Budget July 1, 2009 October 6, 2009 June 30, 2010 General Fund Resources: Beginning fund balance $ 19,587,222 $ 415,756 $ 20,002,978 Intergovernmental $ 3,965,000 $ 157,000 $ 4,122,000 23,552,222 572,756 24,124,978 Requirements: City Council 91,000 91,000 City Attorney's Office 580,000 580,000 City Manager's Office 1,788,000 167,000 1,955,000 Economic& Capital Dev. 2,058,000 ` 440,000 2,498,000 Redevelopment Agency 264,000 264,000 Facilities Management 1,180,000 50,000 1,230,000 Finance 1,284,000 1,284,000 Risk Management 690,000 690,000 Fire 8,501,000 8,501,000 Human Resources 531,000 531,000 Information Technology 1,367,000 1,367,000 Library 3,302,000 3,302,000 Municipal Court 765,000 765,000 Parks& Recreation 5,774,000 141,000 5,915,000 Adult Community Center 1,167,000 1,167,000 Planning & Building 3,476,000 35,000 3,511,000 Police 10,136,000 10,136,000 Nondepartmental 852,000 852,000 Contingency 6,497,000 (260,244) 6,236,756 50,303,000 572,756 50,875,756 79 Resolution 09-59 CITY OF LAKE OSWEGO Attachment 2 Schedule of Original Appropriation Budget adjustments for Fiscal Year 2009-10 Original Amendment Final Budget #1 Budget July 1, 2009 October 6, 2009 June 302010 Streetcar Fund Requirements: Materials& services 126,000 126,000 Contingency 345,674' 345,674 471,674 471,674 Engineering Fund Requirements: Personal services 2,352,000 2,352,000 Materials& services 355,000 355,000 Transfers to other funds 226,000 226,000. Capital outlay 20,000 20,000 Contingency 259,000 259,000 3,212,000 3,212,000 Golf Course Fund Requirements: Personal services 541,000 541,000 Materials& services 233,000 233,000 Transfers to other funds 32,000 ` 32,000 Capital outlay Contingency 36,998 36,998 842,998 842,998 Tennis Facility Fund Requirements: Personal services 130,000 130,000 Materials& services 151,000 151,000 Transfers to other funds 108,000 108,000 Capital outlay 60,000 60,000 Contingency 110,013 110,013 559,013 559,013 Percent for Art Fund Requirements: Materials& services 93,000 93,000 Capital outlay 12,000 12,000 105,000 105,000 80 Resolution 09-59 CITY OF LAKE OSWEGO Attachment 2 Schedule of Original Appropriation Budget adjustments for Fiscal Year 2009-10 Original Amendment Final Budget #1 Budget July 1 2009 October 6, 2009 June 30,2010 Water Fund Requirements: Personal services 1,315,000 8,000 1,323,000 Materials &services 2,174,000 2,174,000 Debt service 814,000 814,000 Transfers to other funds 926,000 30,000 956,000 Capital outlay 1648,000 15,000 1,663,000 Contingency 6,580,300 (53,000) 6,527,300 13,457,300 - 13,457,300 Wastewater Fund Requirements: Personal services 1,108,000 1,108,000 Materials& services 3,499,000 3,499,000 Debt service 2,454,000 2,454,000 Transfers to other funds 1,003,000 30,000 1,033,000 Capital outlay 40,574,000 40,574,000 Contingency 5,241,685 (30,000) 5,211,685 53,879,685 - 53,879,685 Surface Water Fund Resources: Beginning fund balance 61,277 1,289,051 1,350,328 Requirements: Personal services 248,000 248,000 Materials& services 274,000 97,000 371,000 Debt service 235,000 235,000` Transfers to other funds 601,000 10,000 611,000 Capital outlay 342,000 342,000 Contingency 144,277 1,182,051 1,326,328 1,844,277 1,289,051 3,133,328 81 Resolution 09-59 CITY OF LAKE OSWEGO Attachment 2 Schedule of Original Appropriation Budget adjustments for Fiscal Year 2009-10 Original Amendment Final Budget #1 Budget July 1; 2009 October 6, 2009 June 30, 2010 Street Fund Requirements: Personal services 446,000 446,000 Materials&services 1,203,000 1,203,000 Transfers to other funds 689,000 ` 689,000 Capital outlay 1,793,000 1,793,000 Contingency 255,031 255,031 4,386,031 - 4,386,031' System Dev Charges Fund Requirements: Materials&services 30,000 30,000 Capital outlay Contingency 1,753,041 1,753,041 1,783,041 - 1,783,041 Maint& Motor Pool Fund Resources: Beginning fund balance 496,514 54,620 551,134 Transfer from other funds 613,000' 70,000 683,000 1,109,514 124,620 1,234,134 Requirements: Personal services 792,000 792,000 Materials& services 330,000 150,000 480,000 Transfers to other funds 2,000 2,000 Capital outlay 73,000 82,000 155,000 Contingency 137,514 (107,380) 30,134 1,334,514 124,620 1,459,134 Lake Oswego-Tigard Water Requirements: Personal services 356,000 356,000 Materials& services 1,052,000 1,052,000 Transfers to other funds 80,000 80,000 Contingency 2,284,000 2,284,000 3,772,000 - 3,772,000 Bonded Debt Service Fund Requirements: Debt service 3,346,000 3,346,000 3,346,000 - 3,346,000 82 Resolution 09-59 CITY OF LAKE OSWEGO Attachment 2 Schedule of Original Appropriation Budget adjustments for Fiscal Year 2009-10 Original Amendment Final Budget #1 Budget July 1, 2009 October 6, 2009 June 30, 2010 Assessment Project Fund Requirements: Capital outlay 100,000 100,000 Contingency 19,751 19,751: 119,751 - 119,751 Bicycle Path Fund Requirements: Capital outlay 87,867 87,867 87,867 - 87,867 Tourism Fund Requirements: Materials& Services 175,000 175,000 Capital Outlay 125,000 125,000 300,000 - 300,000 Unappropriated EFB General Fund 12,882,222 12,882,222 Percent for Art Fund 11,867 11,867 Tourism Fund 32,000 32,000 Streetcar Fund Engineering Fund - - Golf Course Fund Water Fund Wastewater Fund Surface Water Fund - Street Fund - Systems Development Charges Fund Tennis Facility Fund 150,000 150,000 Maintenance& Motor Pool Fund Lake Oswego-Tigard Water Fund - - Assessment Project Fund - - Bonded Debt Service Fund 699,810 699,810 Unappropriated EFB 13,775,899 - 13,775,899 Appropriations(above) 139,804,151 1,986,427 141,790,578 Total $ 153,580,050 $ 1,986,427 $ 155,566,477 83 oct�pF LAKE 8 . 1 ► CITY OF LAKE OSWEGO 10-6-09 COUNCIL REPORT OkEGO� TO: Jack D. Hoffman, Mayor Members of the City Council Alex D. McIntyre, City Manager FROM: Denny Egner, AICP and Leslie Hamilton, AICP SUBJECT: Boones Ferry Road Refinement Concepts (PP 08-0013) October 6, 2009 Study Session DATE: September 29, 2009 ACTION No action is requested regarding the proposed concepts. INTRODUCTION/BACKGROUND On October 6, 2009, the City's consultant, DKS Associates, is scheduled to make a presentation to the City Council regarding possible refinements to the concepts for Boones Ferry Road that were included in the Lake Grove Village Center Plan. This memo highlights key findings in the consultant's report and outlines the next steps to continue implementation of the Lake Grove Village Center Plan. The Council is not being asked to make decisions or take action on the possible refinements at this time. The purpose of the study session is to update the Council on the analysis work that has been done to date. The Planning Commission held a similar work session on September 30. The Executive Summary of the DKS Associates report is attached. The full report can be accessed at: http://www.ci.oswego.or.us/plan/Planninq Projects/PP08- 0013 Boones Ferry Rd Refinement Studies/BFR Refinement Plan Draft-1 09-10- 09.pdf. The Lake Grove Village Center Plan (LGVC Plan), adopted in April 2008, outlines the land use and transportation policies and actions that are needed to change the Lake Grove commercial area into a more pedestrian oriented mixed-use center. The plan includes a specific set of recommendations for improvements to Boones Ferry Road and the surrounding streets and walkways. Key improvements included a center 85 Council Report 09/29/09 Page 2 median, more signalization, and more pedestrian crossings. Goals and policies from the plan are attached as Exhibit F-2. At the direction of City Council, the Refinement Plan was split into two parts with Phase I focused primarily on technical traffic analysis. Phase 2 is expected to address design, right-of-way needs, and direct impacts to property. Prior to initiating engineering plans for Boones Ferry, the Lake Grove Village Center Plan requires that an access management plan for the Village Center be prepared. The access management plan includes (1) a Traffic and Safety Analysis and (2) an Economic Impacts Analysis. DKS Associates was contracted to complete the Traffic and Safety Analysis (Phase 1), which includes: • Impacts of delivery trucks and access routes on traffic flow and pedestrian safety • Impacts of large passenger vehicle u-turns • Impacts associated with right-hand turns • Potential bottlenecks during peak travel times • Safety and traffic flow impacts for pedestrian crossings • Identifying recommendations for conceptual design refinements to mitigate for traffic operations and safety impacts (see p. 16 of Exhibit F-2). Phase 2 of the access management plan will address the economic impacts, green street infrastructure, ROW alignment and funding options, and will further vet the refinements that have been identified in Phase 1. The second phase will be initiated upon the completion of Phase 1. Community Meeting On August 12, 2009, staff and DKS Associates held a public meeting to share the preliminary results of the traffic analysis. The final report incorporates comments and clarifications identified in this public meeting. DISCUSSION Traffic Analysis The Boones Ferry Road concept adopted in the Lake Grove Village Center Plan was evaluated to understand how well it would operate in the long-term, and to highlight circulation and safety issues that require refinements to better meet Plan objectives. The study focused on evaluating mobility, safety and accessibility along the Boones Ferry Road corridor and the adjoining neighborhoods. Travel forecasts were made for each public street within the study area, and were sensitive enough to detect potential intrusion into the surrounding neighborhoods. The travel forecasts were based on Metro's growth assumptions for the year 2035. DKS Associates' analysis of the Boones Ferry Road concept determined that the roadway improvement envisioned in the Lake Grove plan would enhance safety and efficiency for at least the next 25 years. The corridor will be safer because it reduces 86 Council Report 09/29/09 Page 3 potential conflicts between vehicles and pedestrians, enhances limited pedestrian and bicycle facilities, and provides more efficient vehicle access to key destinations. Long- term local and regional growth can be served more effectively because of the carrying capacity that is reclaimed by reducing mid-block access on Boones Ferry Road. However, the analysis identified several deficiencies in the vehicle and non-vehicle system, and identified possible refinements to be considered in Phase II of the access management plan. Below are five deficiencies identified by the analysis. The suggested refinements related to these deficiencies created the most interest at the public meeting and will most likely be the focus of discussion and further study in Phase II. • The Boones Ferry Road/Bryant-Firwood Road intersection is predicted to be heavily congested by 2035. A bottleneck will occur within the coordinated signals along the corridor and heavy left turns from Boones Ferry onto Bryant will stack up during peak hours. • The Madrona Street approach to Boones Ferry Road will have excessive delays for vehicles crossing Boones Ferry or turning left. • Traffic volumes along neighborhood collectors and local streets in the Lake Forest, Lake Grove and Waluga neighborhoods are expected to increase in 2035 both with and without the adopted Plan. • With the provision of the center median, customer access to businesses along the corridor is important and can be provided via u-turns, shared driveways, and inter-parcel circulation. • Pedestrian crossing opportunities at mid-block locations and signalized intersections should be evaluated to provide the best pedestrian connectivity across Boones Ferry Road. Next Action Measures At this stage, the Planning Commission and City Council are only reviewing the traffic analysis and results; they are not making decisions or taking public testimony on any of the identified refinements. Development of the access management plan is still in the preliminary stage and community outreach and involvement plan will need to occur before decisions are made. The community involvement program will be developed in conjunction with the Phase 2 portion of the project. As stated earlier, Phase 2 of the access management plan will further evaluate and test the proposed refinements. In addition, Phase 2 will analyze economic impacts, green street infrastructure feasibility, funding options and right-of-way alignment. Following the Commission and Council presentations, staff will be preparing a draft Request for Proposal (RFP) that includes the items identified above for Phase 2. It is expected that staff will issue a draft REP in November of 2009. 87 Council Report 09/29/09 Page 4 ALTERNATIVES & FISCAL IMPACT No actions are being proposed at this time. RECOMMENDATION No actions are being proposed at this time. EXHIBITS F-1 Executive Summary - Boones Ferry Refinement Plan, DKS Associates, September 2009. F-2 Lake Grove Village Center Plan — Transportation Related Goals and Policies, Adopted April 1, 2008 Sustainability has been considered as part of this recommendation. Reviewed by: __ -71 :... Depart nf\Diret: r a Alex D. c yre City Manager 88 [BOONES FERRY ROAD REFINEMENT PLAN] September .o, 2009 Executive Summary The Boones Ferry Road Refinement Plan analyzed the original roadway improvement concept envisioned in the Lake Grove Village Center(LGVC) Plan and determined that it would enhance safety and efficiency for at least the next 25 years.The corridor will be safer because it reduces potential conflicts between vehicles and pedestrians, enhances limited pedestrian and bicycle facilities, and provides more efficient vehicle access to key destinations. Long-term local and regional growth can be served more effectively because of the carrying capacity that is reclaimed by reducing mid-block access on Boones Ferry Road. Study Purpose The Boones Ferry Road design adopted in the LGVC Plan was evaluated to understand how well it will operate in the long-term, and to highlight circulation and safety issues that require refinements to better meet plan objectives. This study focused on evaluating mobility, safety, and accessibility along the Boones Ferry Road corridor and the adjoining neighborhoods. Travel forecasts were made for each public street within the study area, and were sensitive enough to detect potential intrusion into the surrounding neighborhoods. These travel forecasts were used to assess long-term (2o35)conditions along Boones Ferry Road and within the adjoining neighborhoods. The limits of this study were on Boones Ferry Road between Kruse Way and Madrona Street.The Boones Ferry Road Refinement Plan represents another step in a process that begun over to years ago to address safety and circulation concerns raised by the community. This study focused on the traffic analysis and related technical evaluations associated with refining the adopted Lake Grove Village Center Plan.The next work phase will prepare engineering plans, specifications and cost estimates to advance the project to construction, along with an economic analysis of options for the community to finance the improvement. Refinements recommended as part of the Boones Ferry Road Refinement plan will be further examined in the next work phase. Findings and Recommendations The elements of the adopted Lake Grove Village Center Plan that appear to not adequately meet the demands of the non-motor vehicle and motor vehicle systems along the Boones Ferry Road corridor and surrounding neighborhoods are summarized below. Non- Motor Vehicle System Deficiencies in the non-motor vehicle system include: ■ Sidewalk connections from Boones Ferry Road to the surrounding neighborhoods are lacking. Sidewalks or pathways should be added to all arterial and collector roadways including Firwood Road-Bryant Road, Oakridge Road-Reese Road, and DKS Associates, Inc. I Executive Summary 5 EXHIBIT F-1 PP 08-0013 89 . SePternberio, 2o0g [BOONES FERRY ROAD REFINEMENT PLAN] Quarry Road to provide neighborhood connections to Boones Ferry Road and major pedestrian activity centers such as the post office, schools, and large shopping centers. ■ Pedestrian crossing opportunities at mid-block locations and signalized intersections should be evaluated to provide the best pedestrian connectivity across Boones Ferry Road. • Bicycle connections from Boones Ferry Road to the surrounding neighborhoods are lacking. Bicycle lanes,or other provisions, should be added to arterial and collector roadways where feasible including Firwood Road-Bryant Road, Oakridge Road- Reese Road, and Quarry Road to provide neighborhood connections to Boones Ferry Road. • Potential for decreased pedestrian safety at driveways. Driveways noted with the greatest likelihood of conflicts between pedestrians and motor vehicles in 2035 should be evaluated for potential access or circulation improvements. Motor Vehicle System Deficiencies in the motor vehicle system include: • The Boones Ferry Road/Bryant-Firwood Road is predicted to be heavily congested by 2035.This intersection will create a bottleneck within the coordinated signals along the Boones Ferry Road corridor. The Madrona Street approach to Boones Ferry Road will have excessive delays for vehicles crossing or turning left onto Boones Ferry Road. • The proposed traffic signal into Wizer's Shopping Center serves very limited functional uses, and will adversely affect the Bryant Road intersection because it is so close. • Adjustments to the storage length for turning pockets should be made to fit long- term demands.The most notable location is at the Firwood-Bryant Road where the heavy left-turns from Boones Ferry Road onto Bryant Road stack up during peak hours. ■ Traffic volumes along neighborhood collectors and local streets in the Lake Forest, Lake Grove, and Waluga Neighborhoods are expected to slightly increase with the adopted LGVC plan. However,the difference in 2035 neighborhood traffic volumes without the LGVC plan and with the LGVC plan is minimal, much of the traffic increase will occur with or without it. Traffic calming and cut-through traffic mitigation measures should be evaluated. ■ With the provision of the median, providing customer access to businesses along the corridor via U-turns, shared driveways,and inter-parcel circulation through easements and circulating roadways or alley-ways is essential. Opportunities need to be identified for access to businesses via driveway consolidation, circulating roadways or alleyways,or provision of U-turns. Several mid-block businesses south of the proposed Wizer's Shopping Center have limited access east of Boones Ferry Road. 6 ' Executive Summary I DKS Associates, Inc. 90 [BOONES FERRY ROAD REFINEMENT PLAN) September o, 2009 • Trucks traveling southbound on Boones Ferry Road do not have a location within the study corridor to turnaround without impacting residential neighborhoods. Opportunities need to be identified for a signalized public street turnaround for large trucks at the south end of the study corridor to prevent trucks from utilizing residential streets. To address the deficiencies of the non-motor vehicle and motor vehicle systems along the Boones Ferry Road corridor with the adopted Lake Grove Village Center Plan, potential refinements were identified. The following summarizes the preferred and other potential mitigations to be considered for each segment of the Boones Ferry Road corridor.The preferred and other potential mitigations were developed with consideration of the analysis conducted for the Boones Ferry Road corridor and surrounding neighborhoods. Madrona Street to Firwood Road-Bryant Road Recommended mitigations and other possible refinements to the adopted Lake Grove Village Center Plan between Madrona Street and Firwood Road-Bryant Road are outlined below. Recommended Refinements • Add traffic signal at Madrona Street, and remove the planned traffic signal at Wizer's Shopping Center(Driveway #40), serving shopping center and bank. Adding a signal, a left turn pocket on southbound Boones Ferry Road and allowing U-turns will provide business access to properties on the east side of Boones Ferry Road that would lack access with the signal at Wizer's Shopping Center(Driveway #40).The signal at Madrona helps alleviate local access issues, improves intersection operations, offers another signalized pedestrian crossing, and provides greater spacing between the Firwood-Bryant Road intersection.The intersection is expected to operate with a v/c of o.57 and LOS A with the signal. With the signal,traffic volumes on Madrona Street and Waluga Drive actually decrease overall.While the signal increases traffic making lefts to northbound Boones Ferry Road from Madrona Street, it is countered with a decrease in southbound Boones Ferry Road traffic turning right onto Madrona Street.This is traffic originating at the former Wizer's Shopping Center signal that is now using Bryant Road/Firwood Road to get to Waluga Drive. ® Plan for backage road generally aligned along the back side of commercial properties between Madrona Street and Bryant Road, opposite Sunset Drive; this new facility would require property dedication and cross-easements amongst commercial property owners. The backage road could function as an alley or local street. It would provide a location for southbound large trucks to turn around to access businesses on the east side of Boones Ferry Road. It could also provide an opportunity to consolidate driveways on Boones Ferry Road,with potential new accesses on the backage road for businesses south of the Wizer's Shopping Center.The backage road would also DKS Associates, Inc. I Executive Summary '7 91 September 3.0, 20o9 [BOONES FERRY ROAD REFINEMENT PLAN] ease congestion at the Firwood Road-Bryant Road/Boones Ferry Road intersection. Traffic on Bryant Road to and from southbound Boones Ferry Road could use this connection to the new Madrona Street signal instead of using the congested Firwood Road-Bryant Road I Boones Ferry Road intersection. • Add a second left turn pocket for southbound Boones Ferry Road onto Bryant Road, and extend northbound left turn pocket. This improves the operations at the intersection to a v/c of o.79 and LOS C, and will allow for modification of the traffic signal to operate more efficiently. It also reduces the bottlenecks on Boones Ferry Road by eliminating the queues from the left turn lanes that would overflow into the through travel lanes. The second left turn pocket requires a drop lane to be added to eastbound Bryant Road to handle the dual left turn lanes, and would require curb radius modifications at the northeast corner of the intersection to allow for U-turns for the inside left turn pocket lane. The drop lane will end about 250 feet south of the alley. The required storage length of the dual southbound left turn lanes is 275 feet, and the northbound left turn pocket is 200 feet. This refinement could have right-of-way implications at the northeast corner of the intersection, and south side of Bryant Road. ■ Provide deceleration lane for northbound Boones Ferry Road into Wizer's shopping center; would require closure of existing driveway(Driveway#40, near Starbucks) and reconfiguration of parking lot layout. This would serve the high motor vehicle volumes turning into this driveway, allowing vehicles to slow down in a lane separate from through traffic before they make the turn.This improves safety and delay on Boones Ferry Road as through traffic does not have to slow down for turning vehicles, and improves pedestrian safety at the driveway as vehicles will be slowing and have a better chance to notice a pedestrian. ■ Provide mid-block pedestrian crossing approximately 40o feet south of Bryant Road (in place of the initially proposed traffic signal at Wizer's Shopping Center); could be a signal-controlled pedestrian crossing (HAWK signal-see page 29). This would provide a legal pedestrian crossing opportunity between the Firwood Road-Bryant Road and Madrona Street traffic signals, reducing the distance for a pedestrian to travel out of way to cross.The traffic signal was replaced here because it is to close and interferes with the Firwood-Bryant Road traffic signal, and serves to few functional purposes. Other Refinements to Consider: ▪ To better meet minimum congestion standards at Boones Ferry Road and Bryant Road, consider widening Bryant Road approach to add separate left-turn pocket; which will allow for modification of traffic signal to operate more efficiently.This gives more traffic signal green time to Boones Ferry,which reduces congestion and queuing.This could have right-of-way impact to the north side of Bryant Road. ! Executive Summary j DKS Associates, Inc. 92 [BOONES FERRY ROAD REFINEMENT PLAN] September .o, aoag • Another alternative to be considered for the southbound left turn pocket on Boones Ferry Road to Bryant Road is a single left turn lane on Boones Ferry Road, lengthened to the required storage length of soo feet. This will result in a narrower median width to the north, and impact the pedestrian crossing at Quarry Road. • The last alternative to be considered for the southbound left turn pocket on Boones Ferry Road to Bryant Road is also a dual left turn lane, but with the original median width. This requires additional widening along Boones Ferry Road to the north to accommodate the second left turn lane. Shifting tapers would also be required to move the southbound through lanes to the north for the length of the dual left turn lanes. This would impact all of the property owners on the west side of Boones Ferry Road between the Wizer's shopping center driveway to the south, and Oakridge Road to the north. The second left turn pocket requires a drop lane to be added to eastbound Bryant Road to handle the dual left turn lanes, and will end about iSo feet south of the alley. There could also be impacts to the property owners along the south side of Bryant Road. Figures iia, sib, and iic in the appendix show the three concepts for the southbound left turn pocket to Bryant Road. • Consider traffic calming and cut-through traffic mitigation measures on Waluga Drive and Firwood Road to slow down or deter cut-through traffic in the surrounding neighborhoods. The cut-through traffic, although minimal,will be there with or without the LGVC plan. • Consider adding sidewalks and bike lanes on Firwood Road-Bryant Road to provide pedestrian and bicycle connections from the surrounding neighborhoods to Boones Ferry Road. Firwood Road-Bryant Road to Reese Road-Oakridge Road The recommended mitigations and other possible refinements to the adopted Lake Grove Village Center Plan between Firwood Road-Bryant Road and Oakridge Road-Reese Road are discussed below. Recommended Refinements: • Extend the existing alleyway east of Boones Ferry Road (north of Bryant Road)to adjacent properties to the north. Plan for an extension of the existing alleyway east of Boones Ferry Road to serve more properties; consolidate driveways onto Boones Ferry Road as properties re- develop. While it would be desirable to extend the alleyway to Reese Road for motor vehicle circulation purposes, neighbors are opposed to this, and so the alleyway is only proposed to be extended to provide alternative access to businesses and not to Reese Road. II Consolidate driveways and provide inter-parcel circulation on the west side of Boones Ferry Road at the planned McDonalds signal. Plan for circulating roadways and driveway connections west of the planned McDonald's signal to give more businesses direct access to the signal, and decrease DKS Associates, Inc. I Executive Summary g 93 [BOONES FERRY ROAD REFINEMENT PLAN] September o,20o9 ■ Consider a signal-controlled HAWK(see page 29) signal for the planned mid-block pedestrian crossing at Red Cedar Way. This would improve the safety of pedestrians crossing Boones Ferry Road with the high traffic volumes, and would only affect traffic when a pedestrian wants to cross. The location of this mid-block pedestrian crossing to the school means more school aged kids could be using it. Other Refinements to Consider: • Modify vehicle access at west leg of new Lanewood Street intersection,to allow for two-way circulation for approximately ioo feet. This will provide vehicle circulation behind commercial properties to the north, and connect to Douglas Way. ■ Consider traffic calming and cut-through traffic mitigation measures on Lanewood Street, and Douglas Way to slow down or deter cut-through traffic in the surrounding neighborhoods.The cut-through traffic, although minimal,will be there with or without the LGVC plan. • Consider adding sidewalks and bike lanes on Lanewood Street, and Douglas Way to provide pedestrian and bicycle connections from the surrounding neighborhoods to Boones Ferry Road and Lake Grove Elementary School. DKS Associates, Inc. Executive Summary .��l. , 94 City of Lake Oswego Lake Grove Village Center Plan TRANSPORTATION Adopted April 1, 2008, Ordinance 2454 h ,01 n p a R5 r .. - 4 - '- F .. s . .' .1i7:.,;.:....r.14,0071410/04.4,...440-Y. �: gy �{" •pl �r��' Six`;✓� E i : r wT�£6wa rhTM �4° FA f kt?3 { " 11 • 'gyp • a ° y "'' ' • .��, lit4 4y rk ¢ 4. Ns • � „s'' " x m Or:, .`Yz P+.� �y r " i� �`: ( 4 ,. . - 2, '; _�, !gym xu, t k � n "^ � " 4, • � y� i rr �y'�, �r�. !!' F% � � � � a & 4 �ry �L Yea ,. ,�,s�" +> 0v iy ""R_ x' k' 1 » 7 h aY ^x ,vb,3Y, it .7"5 n � st �'. �`�'�� ' rT F z, , " EXHIBIT F-2 PP 08-0013 95 96 EXHIBIT B - Ord. 2454 Access to Businesses Safe,convenient access to commercial sites requires an integrated approach employing a variety of design strategies in concert with center medians to maximize benefits to Boones Ferry Road businesses. Design elements may include: • Direct access from signalized locations and cross-streets; • Through connections between adjacent parking facilities; • Drive consolidation and shared access; • Raised center medians to manage turn movements and improve traffic flow; and where needed • U-turns at selected intersections controlled by phased traffic signals to provide access to businesses that cannot otherwise be accessed from cross streets or driveways. Goal 1: Transform Boones Ferry into a Great Street Create an attractive street that promotes a safe, welcoming and convenient environment for pedestrians, bicyclists and vehicles, accommodates auto traffic efficiently, provides adequate vehicle access to meet the needs of businesses, and manages stormwater within the right-of- way. Policies: 1.1 Utilize engineering and urban design strategies to improve access to and from businesses in the corridor, and calm traffic on Boones Ferry Road. 1.2 Provide landscaped center medians along Boones Ferry Road to organize access, enhance safety, manage storm water and to beautify the corridor. 1.3 Employ green street concepts in Boones Ferry Road improvements where practicable. Consider Boones Ferry Road's function as a significant water conveyance system within an urban watershed. Integrate storm water system improvements for watershed health including water quality, habitat, and tree canopy coverage. 1.4 Provide continuous sidewalks and bike lanes to enhance safety along Boones Ferry Road. 1.5 Provide pedestrian crossings at regular intervals. Consider signalization of pedestrian crossings in design refinement studies. Goal 2: Enhance Alternative Modes of Travel Promote the safe and convenient use of public transit service and bicycling within, to and from the Village Center. Policies: 2.1 Create enhanced public transit service between the Village Center and surrounding areas (e.g. bus, shuttle bus, trolley, commuter rail). In partnership with TriMet, design and construct bus shelters along Boones Ferry Road and Kruse Way. 2.2 Provide a range of safe bicycling options, including, but not limited to, on-street bike lanes on Boones Ferry Road (and major collectors,as appropriate), a marked neighborhood bike route around the Village Center and secure bicycle parking. Special District Plan: Lake Grove Village Center Plan 14 97 EXHIBIT B - Ord. 2454 Goal 3: Enhance the Pedestrian Environment and Connectivity Enhance the safety, convenience and attractiveness of walking, transit and bicycling within, to and from the Village Center including safe crossings on Boones Ferry Road and cross streets. Policies: 3.1 Encourage the orientation of building entrances to pedestrian and transit streets,walkways and public areas, with parking in the rear or at the side. 3.2 Provide continuous sidewalks, pedestrian refuges, landscaped medians, consolidated driveways, crosswalks, signals at crosswalks,public restrooms, and attractive transit shelters. Replace overhead utilities with under-ground utilities. 3.3 Emphasize pedestrian amenities on cross streets to the neighborhoods to strengthen connections to the Village Center. Augment the non-grid system of streets with additional off- street pedestrian and bike pathways to provide safe and convenient connections for all ages. 3.4 Encourage safe pedestrian connections between businesses and parking areas and connectivity between businesses on each side of Boones Ferry Road. Pedestrian arcades, covered walkways and other design features are encouraged to connect uses in a safe and convenient manner. Action Measures -Transportation Transportation action measures are organized under five headings: i. Village Center Access Management Plan ii. Street Design iii. Public Involvement iv. Transportation Projects v. Design Direction i. Village Center Access Management Plan. A comprehensive access management plan for the Village Center shall be completed prior to initiating Engineering Plans (see ii. Street Design, b.Engineering Plans). The access management plan shall. provide first,the Traffic and Safety Analysis followed by the Economic Impacts Analysis identified below. These analyses require consideration of impacts for a base case condition based on existing conditions and standards, and for a Village Center condition based on transportation concepts identified in these Action Measures under v. Design Direction. Both analyses require recommendations for alternative design refinements to mitigate findings for adverse impacts and to advance the goals and policies of the Lake Grove Village Center Plan. a. Traffic and Safety Analysis. (Policies 1.1; 1.2; 1.5) Complete a traffic operations and safety analysis to address potential impacts to traffic operations, business access, neighborhood "cut- Special District Plan: Lake Grove Village Center Plan 15 98 EXHIBIT B - Ord. 2454 through"traffic, and safety. Peak hour and non-peak hour assessments should be included. The traffic and safety analysis shall include, but not be limited to,the following: (1) Address impacts of delivery trucks and delivery truck access routes on traffic flow and pedestrian safety. The potential use of the outer travel lane on Boones Ferry Road for delivery parking during certain limited times is noted in Transportation Action Measure (v)(7) Delivery Truck Access. Address optimal times for parking/delivery activity on Boones Ferry Road, including ruling out use of the outer travel lane for delivery truck parking if indicated. (2) Address impacts of large passenger vehicle u-turns. The recommended signalized intersection street section for Boones Ferry Road would allow most passenger vehicles to make the u-turns (see Transportation Action Measure (v)(1) Street Cross Sections). Address impacts on traffic flow and safety if several larger passenger vehicle models would not be able to make a simple u-turn within the recommended clear area. (3) Address impacts associated with right-hand turning movements as cars wait for a car exiting a driveway, or for a car to slow down enough to make a right turn into a driveway. Pedestrian traffic along the sidewalk could also cause occasional delays for these right-hand turning movements. (4) Analyze the potential"bottleneck" during peak travel times at locations where cars queuing for u-turns or left-turns at an intersection may back up for a significant distance,possibly creating difficulty for those traveling in the opposite direction (on the other side of the same median)who wish to queue and make a u-turn into the travel lanes where the aforementioned queue has developed. Address the case, for example, of a northbound car intending to make a u-turn at the Reese Road intersection and travel south to access a mid-block business (i.e. Ricardo's Restaurant). If the southbound queue is long and traffic heavy, northbound traffic intending to make a southbound u-turn at Reese may back up behind other southbound traffic and block the flow of vehicles intending to make the u-turn at Reese Road. (5) Address safety and traffic flow impacts for pedestrian crossings that are not located at signalized intersections(see Transportation Action Measure(v)(4)Pedestrian Crossings). (6) Provide recommendations for conceptual design refinements to mitigate for traffic operations and safety impacts, and to advance the goals of the Lake Grove Village Center Plan. In the event of a conflict between the various goals of the Plan, design refinements for mitigation shall give priority to pedestrian facilities. b. Economic Impacts Analysis. (Policies 1.1; 1.2) Complete an economic impacts analysis incorporating findings and recommendations from the Traffic and Safety Analysis. The economic impacts analysis shall include, but not be limited to, the following: (1) Address potential economic impacts to Lake Grove businesses including impacts to parking supply, business access, commercial deliveries, and business performance during street construction. Include an assessment of economic impacts on adjacent neighborhoods. (2) Provide recommendations for conceptual design refinements to mitigate for economic impacts, and to advance the goals of the Lake Grove Village Center Plan. In the event of a conflict between the various goals of the Plan, design refinements for mitigation shall give priority to pedestrian facilities. Special District Plan: Lake Grove Village Center Plan 16 99 EXHIBIT B - Ord. 2454 ii. Street Design. a. Green Streets. (Policy 1.3) Fund and complete a detailed stormwater management and engineering feasibility study to fully assess issues and costs associated with incorporating green streets elements into the design and engineering of Boones Ferry Road. This is a high priority study, particularly given that incorporation of green street concepts is a major element of the overall roadway design. investigate a variety of funding sources for the study including funds allocated through the City of Lake Oswego Capital Improvement Plan(CIP), Metro "green street"funds, city storm water management funds and federal funds. b. Boones Ferry Corridor Engineering Plans. (Policies 1.1; 1.2; 1.3; 1.4; 1.5; 2.1; 2.2; 3.2; 3.3; 3.4. See also Transportation Project 1: Boones Ferry Corridor Improvements.) Fund and complete the following engineering plans after the Access Management Plan and any design refinements have been completed: (1) 35%Engineering Plan—The 35 % engineering plan identifies constructability issues, necessary right-of-way acquisitions, and establishes the framework for the final design, such as grade, slope, sub-base of road and undergrounding of utilities. The 35% engineering plan includes the following: - Evaluation of centerline alignment to balance engineering and safety needs with reduction of impacts to adjacent properties, where technically feasible; - Assessment and design for mitigation of specific economic impacts to adjacent properties including impacts to existing buildings, parking supply, access, delivery access, and business operations during street construction; and - Preparation of preliminary cost estimates. (2) 65%Engineering Plan- The 65% engineering plan provides sufficient design information to allow the City to provide a private developer with preliminary plans that form the basis for the completion of detailed engineering plans for a segment of the roadway adjacent to a proposed development. iii. Public Involvement. a. Provide timely, complete notice and endeavor to receive meaningful public input prior to making decisions for the planning, analysis, design, and construction of transportation improvements. b. Invite and consider input from design, engineering and economic analysis professionals and the public, particularly Lake Grove community stakeholders including residents, institutional and business representatives, and commercial property owners for the planning and analysis, design, and construction of transportation improvements. c. Ensure that the public remains informed by effectively publicizing and making available documentation of processes, products and recommendations related to the traffic and safety analysis, economic impacts analysis, street design studies, and engineering plans. Special District Plan: Lake Grove Village Center Plan 17 100 04 LAKE osk,� ,;40,18 .2 CITY OF LAKE OSWEGO Adi 10-6-09 COUNCIL REPORT omos TO: Jack D. Hoffman, Mayor Members of the City Council Alex D. McIntyre, City Manager FROM: Denny Egner, AICP, Assistant Planning Director SUBJECT: October 6, 2009 Study Session - Metro's Making the Greatest Place Program and Urban Reserves in the Stafford Basin (PP 09-0005) DATE: September 28, 2009 ACTION The Metro Council is holding a series of public hearings related to the Urban Growth Report, the Regional Transportation Plan, and the proposed designation of Urban and Rural Reserves. The October 6 City Council study session provides an opportunity for the Council to voice its support or concern about the Metro proposals. The final Metro Council Hearing will be held on October 15. The final Urban and Rural Reserves Steering Committee meeting is on October 14. BACKGROUND Metro Recommendations On September 15, 2009, Metro CEO Michael Jordan issued a report that contained recommendations and an overview of the Making the Greatest Place program. The report, Strategies for a sustainable and prosperous region, is attached. A complete set of the Metro documents including the recommendations for urban reserves can be accessed via the web at: http://www.oregonmetro.gov/index.cfm/go/by.web/id=31389. The key themes identified in the Metro recommendations are: • Make the Most of What We Have (Invest in downtowns, centers, main streets, and employment areas consistent with the 2040 Growth Concept). • Protect Our Urban Growth Boundary (To the maximum extent possible accommodate growth in the existing UGB). • Walk Our Talk (Adopt performance targets and be accountable). 101 Council Report 10/06/09 Study Session Page 2 The themes are generally consistent with Lake Oswego comprehensive plan goals, policies, and actions. Through its plan, the City has supported a mix of housing and employment uses and a walkable environment in its two town centers, the downtown and Lake Grove. The City has made major investments in the downtown that have helped to leverage private development projects. Similar investments are being planned for Lake Grove. The Metro recommendations promote a tight urban growth boundary with only conservative expansions. The draft Metro Urban Growth Report sets out an approach that may result in little or no expansion of the UGB in 2010/2011. A critical component of this decision rests with cities and whether housing and employment capacities can be enhanced over the next year. Over the past two years the Metro Urban and Rural Reserves Steering Committee and advisory bodies in each of the three Metro area counties have been meeting to make recommendations regarding reserves. The County recommendations were finalized in the beginning of September. The Clackamas County Board of Commissioners, based on input from a County advisory committee, recommended that most of the Stafford basin be left undesignated with only the areas along 1-205 to be included as an urban reserve area. In the recommendations made by the Metro CEO (clarified orally at the September 23 meeting of the Urban and Rural Reserves Steering Committee), the entire Stafford basin is proposed as an urban reserve area. No maps have been prepared to depict the recommendation. Metro's written recommendation envisions a town center with transit service at the Stafford/I-205 interchange. Regarding the Urban Growth Boundary and urban reserves, City policies generally support strategies that would maintain a tight regional urban growth boundary. Specific policies discourage expansion into the Stafford basin. DISCUSSION QUESTIONS Key questions for the Council to consider include: • Does the Council support the concept of continued investment in existing centers, corridors, and employment areas? • Does the Council support the concept of maintaining a tight urban growth boundary? • In light of the Metro CEO's recommendation for the entire Stafford basin to be an urban reserve area, is there any Council interest revising the previous recommendation that the area remain undesignated? 102 Council Report 10/06/09 Study Session Page 3 ATTACHMENTS Attachment 1 - Strategies for a sustainable and prosperous region — a report from Metro's Chief Operating Officer, September 15, 2009 Reviewed by: Sustainability has been considered as part of this recommendation. Departm�Dire6tor 1 .1 Alex R. c .*'re City M a.er 103 } 104 „,,,-; 1 I 34;1. ,.,1'lies"V - ,--• ''' ' , ,,-,.., • •'.42. 7 7.,,,..r_rrirrir-irt.- i f - --N,0,-''''''''”- ' '_ ,',-,P'fk ,l 3 6 ireAlleliO'47ie-714711'47 I, , ,:,74, ,,,','I'''' ' ' 1, 4 / , r- "— ,—- .—,. .•.• ..-"''.5.1,- • ••V 17- s•,"::if i its—I' , ,, ' " •' 44 p r, , ' , -,. - •,,,, 'c''.,.„. MAKING THE GREATEST PLACE ', ? ''''-''s' .6 ...,-,-,',. - A ..;t '-21. ;9r, 'kk, 'h• '''' kk "5" A report from Metro's Chief Operating Officer September 15, 2009 it) Metro I People places. Open spaces. ATTACHMENT0 .00 1 PP905 105 106 7 • ♦ NF Dear Friend, After four years of study, analysis,number crunching and hard work with our local government partners-and people like you from around the region-I am pleased to provide you with a comprehensive set of proposed strategies for creating a sustainable and prosperous region. • This document contains a brief overview, with a summary of recommendations located on pages 14 and 15 For more detailed information, including supporting documents and appendices,visit www.oregournetro.gov/greatestplace. I want to stress that these are recommendations from Metro's staff- not decisions. They are intended to spark conversation and promote dialogue to inform future decisions by the Metro Council and other elected officials around the region. One of the primary reasons our region is successful is because Metro does not make decisions or plan in a vacuum. Instead,we work with our local partners and the region's residents to achieve the outcomes we value as a community.Those outcomes include preserving our urban growth boundary to protect farmland, forestland and outdoor recreation opportunities while ensuring we have enough land to accommodate new residents and businesses for at least the next 20 years; making the most of our existing roads, sidewalks,sewers, parks, schools, and other public investments; and, perhaps most importantly, doing everything we can to ensure there are enough good jobs for the people who are here now and those who will come. As Metro's chief operating officer, I present these recommendations to you and invite you to voice your opinion. Each of us bears responsibility for helping make our region the greatest place it can be. The Metro Council and all the elected policymakers from our region look forward to hearing from you. Sincerely, Michael Jordan Metro Chief Operating Officer OVERVIEW I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 107 k i:Y j ti .P � L �1 r , . s Derr«, .,, , * . s 4 l Y 9 :, BBB�.v 7 ; �"# �r r lr 9 d '�, "` n�a��i g� � � �P � t F ,"err.,. " x''zw _ e a " F s' x t .., , INVESTING FUTURE These are difficult times in our nation and our state. Unemployment is a high high, trust in traditional institutions is low, and an unprecedented array of quality Of challenges loom over our future. life Yet even in the face of extraordinary economic difficulties,the people of 80 the greater Portland metropolitan region remain optimistic. We value the Eighty percent of exceptional quality of life that is supported both by our unmatched natural residents:of the Portland metropolitan region setting and by the creativity and civic spirit that have enabled us to build lively mention the environment communities throughout our region.We understand that in the long run, our when asked what they livability provides a competitive advantage that allows us to attract and keep enjoy most about the quality-of life in the region. a talented work force and cutting-edge employers. 83 We also understand that while the place we call home is the envy of people Eighty-three percent of across the nation,we face both local and global changes that will require us residents believe that land to do better. use regulations are an essential tool to protect the region's quality of life. The people of the region expect leadership that respects our common.values and builds upon the legacy we have inherited.We deserve government 83 that is careful with our money,responsive to our needs and sensitive to the Eighty-three percent challenges we face. of residents agree that maintaining the region's The city and county governments of the region reflect the aspirations of the quality of life will bring jobs to the region. people they serve. They want to cultivate great communities that can thrive in a changing world. Their relationship with their residents is direct and immediate,and when times are tough they get squeezed between budget cuts and increased demand for services.They expect their regional government to be a partner in serving their communities. 2 OVERVIEW 1 September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 108 It is in this spirit of innovation,partnership and service that I offer my recommendations for the next phase of our efforts to make this region the greatest place it can be. These recommendations have many elements, but they revolve around a single imperative: we must invest in our communities to secure the future the people of theVC—lye, I invest in our region desire. This means we must invest existing dollars secure strategically;focus our investments for maximum f ` t impact;elevate our level of overall investment;and the future the people of deploy our public resources in a way that supports private investment. Only if we do all of these things can theregion 4 ire, we ensure a strong economy, a healthy environment and communities that serve the needs of all, investing in public priorities • compact communities Specifically,I recommend that we invest in ways that: 15,000 Focus our growth in city and town centers and main streets within There are 15,000 acres of vacant,buildable land the current urban growth boundary to the greatest extent possible within the urban growth. —to preserve farms, forests and natural areas outside the boundary boundary,a combined while protecting single-family neighborhoods within our existing area roughly 35 times the size of downtown Portland. communities. Repairand maintain our existing public works and community assets 95 In the last ten years, —roads,water and sewer lines, schools, parks and public places—to almost 95 percent get the most out of what we already have, bring increased vitality to of all new residential our communities and create a solid foundation for meeting the needs development occurred inside the original 1979 of the future. urban growth boundary. Protect and create good jobs for the people who live here now, and 33 those who will come. In a nationwide study, compact communities r r � were shown to reduce ' ' ...„w..........®..,. q :' '1r „' ,fir � ' average,driving by as s i `�r, ` F ''' much as 33 percent. 7'41#4,..jItili9 x a. • a � 1ua Y, ,x 4 :,v 1 c : - of g z t jr.l " #� x ..y, aka qrw,c,f .... OVERVIEW 1 September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 3 109 .. . .... . . . . . .. . HERE r VE BEEN AND HAT E'VE LEARNED Fortunately, we are not starting from scratch. For years,the Portland region has been widely celebrated for its dedication to planning for the future. Our successes are well-known and defy national trends: s� '- By accommodating rapid growth while limiting expansion of the 'k urban growth boundary, we have reaped many benefits. Unlike most communities nationwide, we are consuming land at a rate less than our rate of population growth. Our efficient use of urban land protects valuable farms, forests and natural areas,makes our communities more vibrant, reduces the region's carbon footprint, and saves both public and private dollars. F By increasing travel choices, we have made it possible for people to `" '',> meet their needs while driving less. Our transit use and biking are s g B * l increasing much faster than our population, and compact growth has < - ' , � helped to shorten trips and make our communities more walkable. As a result,while the average American drives more miles every year, U . � ,,,.._, the average amount each of us drives has been declining for more than a decade. Because we are able to drive less, more than $1 billion a year remains in our pockets,most of which returns to our regional economy. '` '' {: We have acted to protect our region's natural heritage. By purchasing * ' thousands of acres of natural areas with voter-approved funds, we :''" are protecting and restoring wildlife habitat and water quality and 11.. °.: �; enhancing access to nature for current and future residents. Now a broad coalition of public, private and nonprofit partners is working to link the region's parks,trails and natural areas into a seamless system that makes the experience of the outdoors more accessible to all. 4 ��� ''. .'� We have cleaned up our air and stabilized our greenhouse gas ;1E �,'� !r : emissions.Portland's air quality violations have declined from `; , � , ) A,` 180 days a year in the 1960s to zero today. While greenhouse gas " ,„ r ^t emissions nationwide have increased by 17 percent since 1990,in 4 Portland and surrounding Multnomah County they have declined by ,.. 0.7 percent. The bottom line is that we've created a place where people want to live. Longtime residents fiercely defend the livability of their communities, and our excellent quality of life continues to attract new residents, including members of the highly sought-after cohort of educated young adults—even during the current economic downturn. 4 OVERVIEW 1 September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 110 But patting ourselves on the back will only take us so far. Yes, our long-range plan,the 2040 Growth Concept(see box, page 6),enjoys local support and national admiration , and our planning expertise gives us a leg up on many other t " urban regions. But a decade and a half after the adoption of our long-range lan we have et to fullyachieve our P Y regional vision. We have reached a point where planning .- . ' � .. alone will not suffice. a .41.-fili:kg!,04,4:$:0;',171,0,,,,,,,,,..riviiiiimr".6:1,,,ktl,irclit4,1, tid. Put bluntly, the tools of the past are not enough to address ` the increasingly complex challenges of the future. For example: Our population is growing and changing.Within 25 years,we can expect to be joined by one million new neighbors—a much faster rate of growth than was forecast when the region developed its long-range plan. We are becoming more diverse,we are growing older, our household size is shrinking and there public is a growing gulf between haves and have-nots. assets and Investments Since 1965,government �� s endin on trans ortation, 1910 - 1940 spending p sewers and water systems has declined from 39 cents to 25 cents for every dollar We arc failing to maintain our existing public facilities, and can't afford spent on priva,e residential the investments we need to protect our livability as we grow. Meanwhile, construction the costs of providing,maintaining,and replacing pipes, pavement, parks and other public facilities and services are skyrocketing,even as traditional 10 billion sources of funding—including federal dollars that have financed much of the our re9ion will need approximately$10 billion regions infrastructure—are drying up• during the next few decades Just to repair and rebuild our existing a" nfrastructure,To-meet the demands of antiapated : tits ,. 4 .. 8 `W'r ,' v ;r '!: growth in jobs and housing r 4 Y t ° m . in the region through 2035, we n much $31 billion ineed as additionalas \i, fundinwillg. 8th place. tll ,� Oregonranks last in - " � total auto taxes collected fr �� ��'s, �.�� � ��� compared with other <1 'rw• a ?" s Wester ia,Idaho,Mona, ' 5 . ire 'e t i�, r- ,. Neva California,Idaho,Montana, e �a` � Utah).a;Washington and Utah)., OVERVIEW I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 5 111 ....... REGVC,Jisl.� ix''.s , .. ve A•t Than Fn a�raph�c LnP�ci%G+n ci ,'h T the AaN tad r'' p ilil 3,:.w �'6 -" Some atamm�as ir,e aea Map '"" ' '-"" rt nave been meowed'a, Sin'a,' a"-,:eat ••- .. improved readabMy. n vt ssas x ', - t - - eneee7t'vt d �A K 5, -x.ft k 0 y v„ � "jam Yx'C , SIP N -T+� t r� one a a '� �,. • ,,,,' "' a,„ '` , �.. ,,.-. 3 . ', ,',tibyf L E G E N 1�", 'ww ws, " re.enspaces The 2040 Growth Concept—In 1995, the Metro Council adopted the 2040 Growth Concept, a long-range plan designed with the participation of thousands of Oregonians. 8 100 This innovative blueprint for the future acknowledges population growth as a fact of life, but expresses the region's intent to incorporate growth within existing urban areas ' Acres purchased by Metro - as as much as possible and expand the urban growth boundary only when necessary. through bond funds' • Implicit in the plan is the understanding that approved by voters in'1995, compact development is more sustainable, Thousands more acres will § 5 more livable and more fiscally responsible ' 114: " ...7,,''' it • ' .'th be purchased by Metro than low-density sprawl,and will reduce through a second bond the regions carbon footprint. measure approved by voters :ra in 2005. 8,0.00 `;`tkyLi4ti Based on population • t, y projections,the region will_ a • • likely.need 5,000 acres of• . ' f r ". urban parks and 8,000, g additiona.E.acres of open , . vsr. .'. . x:L �Ap : 9 ,d_., ' ' space by 2035. 6 OVERVIEW I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 112 Our fragmented governance structures and antiquated i public finance systems frustrate our ability to deliver on our regional development goals. Many areas of the region are � F* served by a hodgepodge of local governments and service providers whose jurisdictions are often artifacts of history that do not coincide with current community boundaries, infrastructure capacity or demand.This situation raises questions of equity and hampers coordination of regional; shtf • development. '' Our economy is globalizing,greening and changing in other ways we cannot anticipate. Our region's status as both a hub for domestic getting from commerce and a gateway for international trade provides tremendous benefits here to there but also makes us highly vulnerable to global economic changes.We are 70 also rapidly becoming an international epicenter of the movement toward a More than 79 percent of sustainable economy. While these and other factors confound our ability to the region's residents live predict the character of future employment, it is clear that the future will not within 1/4 mile of public look like the past. transit. Energy instability and climate change require us to rethink everything—from 34 where we live to where we get our food to how we get around, Even though Transportation activities are the second largest source our region is a national leader in stabilizing carbon emissions,our current of greenhouse gases in efforts fall far short of what is needed to meet carbon reduction targets the state,accounting for established in state law. approximately 34 percent of the state's carbon dioxide emissions. In the face of these and other challenges,we will need to be smarter, work harder and dig deeper to achieve the aspirations of our communities and 100 million truly realize our regional vision. Now is the time to adopt new approaches Commuters here spend that will enable us to maintain and improve our communities,protect our 100 million fewer hours per year getting to work urban growth boundary and our natural environment, and support a strong compared with The as economy that benefits all of the people of our growing region. other largest metro areas in the nation.People here are twice as likely to use transit and seven times as likely to bike than other large metro leaving ,more room on the road for moving jobs,and the.economy„. " goods and freight. 1 Q.'to 1.3 10 QOfJ• $1.1 billion The region's shorter The region must"plan for between 1 0,and There are neatly'10,000 acres of vacant commute translates into 1 3 million-total jobs by 3030 • 'employment land inside"the'UGB'and • $1.1 billion in savings on thousands more Acres of dilapidated, transportation costs,most 7 min contaate+ and underutilized of which is reinvested in employment;sites the local economy 71 percent,of the+Portlandregion's largest . . efnployers Originated here OVERVIEW I September 15,2009 COO Report—Strategies for a sustainable and prosperous region 7 113 , '-'.-. ° � , ,K �rt:y x'f s,3r �� "•xf'w%k� k i�����A,Y i .::, �tr a ( rc � y�r y,,,w yyY rr!+'^✓yA'kak' • s3,x ti KT • ~wsr y Meeting the challenge: MAKING THE GREATEST PLACE For all of these reasons, the region has been working for four years to develop a new, integrated approach to guiding the growth and development of our communities. This new approach builds on the strong foundation of the 2040 Growth Concept,which calls for focusing development in city and town centers, along transportation corridors and near employment areas. But while that plan reflects a regional agreement about what we want the future to look like, the new approach—known as "Making the Greatest Place"—represents a concerted effort to decide how we are going to get there. It responds to new challenges with new tools and marks a renewed commitment to making this region the greatest place to live,work,learn and play. In September 2005,the regions leaders received a wake-up call: a r :" forecast that more than one million more people would live here ears.25 withinThis dose of reality y stimulated a burst of activity ,4 a region-wide that will culminate during the coining year in a series of major decisions that will change the way we tackle the challenges— it and seize the opportunities—that come with growth. 8 OVERVIEW I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 114 Since 2005, the region has: Embraced a comprehensive new definition of the attributes that comprise successful communities (see box). Completed the "Shape of the Region" study,which evaluated the importance of land outside the urban growth boundary for agriculture,forestry and the protection of natural landscape features, and identified the common attributes of great Attributes of great communities: communities The region's desired outcomes Collaborated to obtain legislative authority to The"Making,the Greatest Place" initiative represents jointly establish urban and rural reserves directing a renewed effort to attain objectives the region has. long sought to achieve.il iowever,policy documents where the region will and will not grow over the of the oast often focused on strategies(e.g., next 40 to 50 years "compact urban form")rather than on the actual outcomes that are important to people's lives. Required major construction projects to support planning for the development of areas included in In 2008,the region agreed on a set of desired outcomes that not only reflect what really matters the urban growth boundary to the citizens of the region,but also may be used to develop benchmarks against which we can measure Analyzed the region's long-term need to increase our progress toward creating great communities. It is these outcomes that this recommendation is public investments in infrastructure designed to achieve Undertaken a new,outcome-oriented approach to Vibrant communities- People live and work in transportation planning vibrant communities where they can choose to walk for pleasure and to meet their everyday needs. Endorsed a long-term plan to expand the region's Economic prosperity Current and future residents high-capacity transit system benefit from the region's sustained economic competitiveness and prosperity. Initiated a conversation about the local aspirations Safe and reliable transportation People have of communities throughout the region safe and reliable transportation choices that enhance their quality of life. Begun to integrate the imperative to reduce carbon pollution into our land use and transportation Leadership on climate change The region is a leader in minimizing contributions to global warming. plans Clean air and water Current and future Developed and refined a series of "scenarios" to generations enjoy clean air,clean water,and healthy illustrate the implications of various land use and ecosystems. investment choices Equity—The benefits and burdens of growth and change are distributed equitably. Produced 20-and 50-year population and employment range forecasts that illustrate the need to make decisions in the face of uncertainty yt r , ti' Generated an analysis of the capacity of the current urban growth boundary to accommodate growth while anticipating F ; potential changes in both policy and „ t market behavior OVERVIEW I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 9 115 4 4:0,„ »vet _. � fY a�- };,v ,� X � � �v • r"vnh xr1 5tti a'f ry r -:xxi r v 3 a na i Guiding principles All of this work has contributed to the emergence of a common understanding of what we need to do to realize our shared vision. We have learned that "making the greatest place" will.require many actions by many players. Now we begin the task of weaving together these different threads to strengthen the fabric of our existing and future communities. In developing these recommendations,I have been guided by several key principles that have emerged from the conversations in which the region has been engaged for the last four years: Focus on outcomes. Our actions should be specifically designed to achieve six desired outcomes that matter to the people of the region: vibrant communities, economic prosperity, safe and reliable transportation choices, clean air and water,reduced contributions to global warming, and fair distribution of the benefits and burdens of growth. Move from "what" to "how" Having agreed on what we are trying to achieve,we must accelerate the fundamental shift in emphasis from developing a vision of the future to making the vision we have already embraced a reality. Minimize risk. Even with Metro's tremendous forecasting capabilities, the future remains uncertain.We should act based on the best available information, but in ways that leave future generations the flexibility to make adjustments if our assumptions are wrong. 10 OVERVIEW September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 116 r :; tNr y .«a 444 666 � 3�: p 1 K 'pit'' r t �.. • x rs a , ,pg, g5 Y ,k w T.w: .', % Don't chase numbers, We need to devote our energy to creating great communities. We can't allow ourselves to get bogged down in a numbers game where we squabble about how many dwelling units can fit on the head of a pin. Work together.We have come this far because of our history of public involvement and •collaborative governance. Future success will require us to forge new partnerships and will entail a range of highly interdependent some people want to decisions and actions by many players beyond Metro-chiefly city and county live in the suburbs and governments, but also other public agencies and the private sector. feel strongly that their quality of life,their American dream,is a house and a yard and a fence.Others want to 50 000 residents living within.the urban grov tfi boundary; dive in a vital city where they"re a regular at ;�65,.60© businesses the co fee shop down the street.it's not that 33,229 -acres of public parks end natural areas one is better than the pp other,but it is a fact that Q` � miles of'riv�ers and streams within this region,you can choose either,and 25. �° cities that's what we`re trying to achieve -not that # w P everyone chooses the 41 �' same,but that people region ` , _ !, can,find what they wants a „^, ., qq:fig : —Ethan Seltzer,dr�ector, irk' ¢ _ Toulan Schonf of Urban "r {� e 3 x Studies and Planning. t Portland State University ' :ye t ,, x -} 1 1 OVERVIEW I September 15,2009 COO Report—Strategies for a sustainable and prosperous region 117 a� W � a"st ttn; r`, Mr +r"Y,"7 «"„,71 .-°'::� '-vim', �r-- 1" N r- w a a y d a Si RECOMMENDATIONS '` = ";„A i Today, I am recommending the following three categories of actions: ,, , -alre the most of what we have, Our top priority must be toi improve + r � » z the quality of life for the people who live here now by investing in our z existing conan7unities. We should leverage previous investments, rebuild .,� 4 ,g ' dilapidated buildings and decaying infrastructure, revitalize town and s r=,4, :� ." ';;:. city centers and maintain community assets before taking care of people who are not here yet. xi Protect our urban growth boundary, Second, by leveraging both strategic investment and innovative policies,we should accommodate Y�. 6>'�: most of our population growth in our existing communities rather than °: 77 . by adding large amounts of farm and forest land to the boundary at the w edge of the region. �k '7 Walk our talk. Finally,to ensure that our actions and investents are responsive to the values and priorities of the region's residments,we must develop and adopt performance targets specifically based upon the region's desired outcomes, and use those targets to hold ourselves accountable for achieving those outcomes. 12 OVERVIEW 1 September 15, 2009 COO Report--Strategies fora sustainable and prosperous region 118 My specific recommendations,which are summarized on pages 14 and 15 and detailed in Section 2 of this report, represent the integration of several policy areas that,until now,have been considered in discrete processes, sometimes with conflicting results. During the last four years, the region has explored the linkages among various policy "streams" and the ways they inform each other. This recommendation represents the "confluence" of those various streams into a coordinated strategy. It is important to remember that this document does not represent a decision by anyone; it is a set of recommendations that are intended to invite, and give focus to,the regional conversation that will ensue. And once these recommendations have been acted upon by the decision makers of the Legion, we will not he finished. Many questions will remain, but the choices we make today will determine the choices we are able to make in the future. ' "' r ? 'i.. .X F'�f• k.''�"t N 9 habitats d s af°:+ �", oM a.,„ r eIS ac s ''l y 64 x r + t"u Sixty-four percent of metro " �x<+ s - "e4 area residents live within ` P� w .' f : ' 1/4 milei of a public park, r:s r� < " a, greenspace or regional �� �� � ~� � " � trail.Ninety-seven percent j w k t, of Bolton's children live L w within 1/4 mile of a park. v, _ Approximately 53 percent of the re eon's ark a g'>>' 60 pcent of v �k"It d landland withinand s0;feeterr of streams and wetlands are deforested. 10 Ab 10 percent of the region'sout floodplains are developed,substantially degrading ground and stream water quality OVERVIEW 1 September 15,2009 COO Report—Strategies for a sustainable and prosperous region 13 119 mY k f �' m m m e m m z • m a ° e m m m e v m m e m a m v • m e v • ¢ ¢ • m ¢ v v • m v a d • m e m ® m e m m m m m m a m v m v v m e v • ® n e m trot • les ras - in r- s e Air s ra • lo MAKE E THE MOST F WHAT WE HAVE invest to maintain and improve our existing communities. • By December, 2010, adopt an integrated regional investment strategy focused on • revitalizing our downtowns, main streets and employment areas consistent with • • the 2040 Growth Concept. Place the highest priority on maintaining the public investments we have already made, including our roads,sidewalks,water and sewer lines,and parks. •• Reuse and revitalize dilapidated buildings, vacant and under-used lots,and decaying infrastructure in already developed areas,accommodating growth within the urban growth boundary and bringing • increased economic activity to those areas. • Get more for the public's money by ensuring that regional investments are coordinated with each other,and with the goals and investments of local communities. Leverage private investment through strategic coordination of public investments with the private • sector. a Protect existing residential neighborhoods by focusing new residential and commercial development • • in downtowns and along main streets. Consider the natural environment, personal and public costs, individual and regional equity, and • health in all of our investment decisions. • • Identify local and regional actions needed to pursue new sources of funding to maintain and improve existing communities, accommodate growth and create favorable conditions for job creation within the UGB. • Make transportation investments that increase safe, affordable and convenient • travel options for everyone and help the regions businesses and industry remain • competitive. Get the most out of the transportation system we already have by: • Repairing and maintaining our existing roads, bridges, public transit and bicycle and pedestrian • facilities. • • Employing market incentives and pricing strategies to use our transportation system as efficiently • as possible. • • Investing in smart technological solutions to reduce and manage congestion. • Attract and retain businesses and family-wage jobs through strategic investments in roads and transit as well as critical air, marine and freight rail facilities. Increase transportation choices, protect air quality,and reduce congestion by accelerating • development of transit, biking and walking facilities. • • Maintain compact communities that allow for more cost-effective transportation investments and• • make it easier for residents to perform the tasks of their day-to-day lives. • • 14 OVERVIEW I September 15, 2009 COO Report--Strategies for a sustainable and prosperous region 120 7 .•sY.'�xiv r.' « PROTECT OUR URBAN GROWTH BOUNDARY . • To the maximum extent possible, ensure that growth is accommodated • • . within the existing boundary. • • • Manage the urban growth boundary to protect farm and forest land, support a • strong economy, and maintain and create great communities. . ▪ Accommodate most growth through investment within the existing UGB. ° . Use land inside the boundary more efficiently to reduce residents'transportation costs, get the most from our public investments,and limit unnecessary urban expansion into farmland,forest land and • natural areas. • Support job creation and economic opportunity and enhance development in existing communities • .• by making strategic UGB expansions as needed to take advantage of real opportunities to attract key . . employers. . Protect the region's industrial land supply from conversion to non-industrial uses and improve and . `. protect access to major industrial areas. • Require rigorous urban and financial planning prior to UGB expansion to address land use, • . infrastructure, and governance issues. Protect farms,forests and natural areas outside the boundary. . Use urban and rural reserves to achieve the region's long-term goals. . Designate urban reserves based on successful implementation of Strategy 1 calling for strong o• investment within existing communities,where most growth will occur. • Establish urban reserves in areas that will: • • Strengthen and complement existing downtowns, main streets and employment areas. • Protect the agricultural industry from the impacts of urban development. • Support good jobs and a healthy economy by facilitating addition of industrial land to the urban growth boundary when needed. > • Use less land and less carbon and offer citizens more economical living choices. Designate rural reserves to provide long-term protection ° for the agriculture and forest industries and for important ' • natural landscape features. ' ° ` « " ° " " " " • " • ° • ° ` ° ° • ° ° ' ° • ` • ° ° •• • '° WALK OUR TALK • • Prepare for and support private investment .Be accountable for our actions and in efficient development through greater use ° of existing zoning strategies and financial A responsiblewith the public's money. incentives. . Ensure that public investments are consistent Use existing financial incentives more aggressively with the public's values and priorities. • and creatively to help local communities achieve their Develop and adopt performance targets " aspirations for their downtowns, main streets and specifically based on the region's desired employment areas. • outcomes. Encourage innovative approaches to zoning to . Measure our performance against these targets_ ° encourage development of downtowns and town centers, « ° make transportation corridors ready for high capacity transit, . Adapt our policies and investment strategies • and protect'industrial land for industrial use. .• based on what we learn.% • • Hold ourselves accountable to achieving the " ° ` " ® " " " ' ° " " " " ° " ` " ° " ° ° ma . . . " . Or 6, 8. n d region's desired outcomes. . OVERVIEW 1 September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 15 121 fir; '1,11145 �.y Nt47584 " FULFILLING THE I OF OUR REGION For longer than we can remember,this special place has nourished the bodies and the souls of the people lucky enough to have found their way here. The abundance and splendor in our common backyard inspire not just awe, but action,as the land invites us to engage with it in myriad ways. Our relationship with our surroundings remains at the heart of every resident's experience of life in this evolving region.Today,we enjoy not only the richness of our natural endowment, but also the dynamic communities we have built upon its foundation. We have been entrusted with this wondrous place at a critical time. Residents of this region have always confronted challenges that tested their resourcefulness and commitment, and we are the beneficiaries of wise decisions made in the face of change by those who came before us. Now we bear the responsibility of carrying forward the legacy of courageous innovation that we have inherited. However,the changes we face today are unprecedented in their magnitude and complexity. Paradoxically,clinging to our past—or even to things as they are—imperils our future; if we fail to act decisively in anticipation of the upheavals on the horizon,we will squander the opportunities that come with change, and risk losing the very nature of this region. The decisions we make today will have profound consequences, not only for our descendents but for the land itself, as well as its waters,its wildlife and. the very air we breathe.Luckily, the people of this region have the smarts, the guts and the dedication to chart a new and successful course. Together,we can continue to fulfill the promise of this place. 16 OVERVIEW I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 122 ,. Section 2Recommendations I A report from Metro's Chief Operating Officer For the last four years,public officials from throughout the Portland metropolitan area have worked hard to lay the groundwork for major decisions about the future of the region.Together,Metro and its local partners have analyzed past performance and current trends,looked into the future,developed a range of policy alternatives,and sought advice from citizens.We established a set of six outcomes that matter to residents of the region,posed optional courses of action,and studied the contributions of these actions toward the desired outcomes. We have come to understand that Making the Greatest Place will require many actions by many players, coordinated to take full advantage of everyone's efforts and to wring the most public value from the public's dollars.Now we have reached the point at which we must lay some proposals on the regional"table" to allow us to see the whole and how its parts might fit together. As noted in the previous section,the set of strategies and actions proposed here brings together several strands of policy in order to maintain and improve our existing communities,protect the urban growth boundary and support prosperous economy.This recommendation is intended to set the stage for discussion among the people of the region about the choices we face. SETTING THE STAGE FOR MAKING THE GREATEST PLACE Knowing where we're going —the region's desired outcomes The region has long agreed on its vision of the future,and the people who live here have remained remarkably consistent in their commitment to the values that underlie that vision,as expressed in the 2040 Growth Concept.In the summer of 2008,the region agreed that our planning efforts should start by defining in clear and simple terms the outcomes that residents tell us they want.To that end,the Metro Council and our regional partners in local government adopted the six desired outcomes described in Section 1. of this recommendation to guide our regional planning for the future. Briefly,those outcomes are: • Vibrant and walkable communities • Economic competitiveness and prosperity • Safe and reliable transportation choices • Leadership in addressing climate change • Clean air,clean water and healthy ecosystems • Equitable distribution of the benefits and burdens of growth RECOMMENDATIONS I September 15, 2009 C00 Report—Strategies for a sustainable and prosperous region 17 123 Growth forecast— How many people and jobs are we expecting? With these outcomes in mind,we began the process of developing an integrated regional development strategy with a growth forecast.State law requires Metro to provide sufficient capacity to accommodate the growth in population and employment expected in the next 20 years.To do that,we need to know how many people and jobs to plan for. The current growth forecast departs from past practice in two ways: • Taking advantage of an opportunity provided by the Oregon Legislature, the Metro Council decided to look farther into the future—50 years--to support the designation of"rural reserves" for long- term protection of farms,forests and natural areas,as well as "urban reserves" to identify long-term opportunities for urban expansion (see pages 25-28). • Acknowledging the uncertainties inherent in long-term forecasting, the Council requested a range of possible growth scenarios rather than a single estimated number of people and of jobs ("point forecast"). The range forecast allows the region to focus less on "chasing numbers" and more on how best to achieve our desired outcomes and create jobs and great communities. In May,2008,Metro published the"2005-2060 REGIONAL POPULATION AND EMPLOYMENT FORECAST."The forecast predicts likely ranges in the numbers of people and jobs in the region to the year 2030 (to fulfill the state's 20-year capacity requirement),and also to the year 2060 (to inform the designation of urban and rural reserves). Depending upon the many factors that will influence our growth,the forecast tells us to expect the seven- county region' to have between 2.9 and 3.2 million residents and between 1.3 and 1.7 million jobs by 2030. For the longer term,we should expect between 3.6 and 4.4 million in population and between 1.6 and 2.4 million jobs by 2060.' This recommendation focuses on the middle third of this range as our most likely future.This smaller range will sharpen our options and help the region understand the issues we face. Low Bottom third Upper third High 2030 population 1,877,700 1,947,000 1,989,600 2,060,700 2060 population 2,313,900 2,496,500 2,606,300 2,787,800 2030 households 789,700 818,100 835,600 864,700 2060 households 968,500 1,043,300 1,088,300 1,162,700 2030 jobs 1,083,200 1,142,600 1,211,600 1,273,500 2060 jobs 1,345,355 1,473,792 1,608,109 1,754,885 Forecast for Metro urban growth boundary Metro's forecasts begin with the federally-defined seven-county Portland-Beaverton-Vancouver Metropolitan Statistical Area.In order to estimate what share of this growth is expected to locate within the Metro urban growth boundary,a "capture rate" is applied based on historical and forecast growth trends. 'The Portland-Beaverton-Vancouver Primary Metropolitan Statistical Area(PMSA)consists of Clackamas,Columbia,Multnomah,Washington and Yamhill counties in Oregon as well as Clark and Skamania counties in Washington. 'Historically,in-migration has accounted for two-thirds of the region's population growth.In the year 2030 in-migration is expected to account for about half of population growth,with births making up the other half. 18 RECOMMENDATIONS 1 September 2009 COO Report—Strategies for a sustainable and prosperous region 124 Capacity analysis—Where will they go? Our next step was to determine whether our urban growth boundary has sufficient capacity to accommodate the ranges of population and employment projected in our forecast. The draft Urban Growth Report(UGR) gives us a good idea where our existing policies and level of effort would take us during the next 20 years.The UGR finds that,at least"on paper"(in city and county plans and zoning ordinances),the region has the capacity to accommodate population and job growth within the projected ranges over that period. However,the UGR also concludes that under current market conditions and the policies and financial structures that we have in place today,the region will not be able to actually realize that potential capacity and accommodate projected growth to the year 2030.We face a gap between the UGB's theoretical capacity and the number of housing units and jobs we can reasonably project will actually be created by the private sector under current conditions. More importantly,the UGR tells us we are falling short of our targets and aspirations for achieving some of the most fundamental objectives of the 2040 Growth Concept.Development in many of the areas we have targeted for more growth—our designated regional centers,town centers,station communities and main streets within the UGB—is lagging: while there has been some progress,there are not yet enough residents and workers to make these areas the centers of vibrant urban life envisioned in our plans and hoped for by our local partners. State law says that if we cannot accommodate projected growth within the UGB,we need to add land to the boundary. But this does not solve our capacity problem.Areas added to the UGB since 1998 — Pleasant Valley,Damascus,North Bethany and others—are not urbanizing or attracting new homes and jobs because,among other reasons,we have not found a way to pay for the sewers,water systems,parks, streets and roads needed to make them work as urban places.We also have not yet found the right tools to provide full city governance to these new areas.The region would face the same costs and obstacles on any new land added to the UGB.Moreover,expanding the UGB involves other tradeoffs,including loss of productive farmland,diversion of limited public dollars from our existing communities,longer commutes, and increased carbon pollution. Lagging development also impedes our efforts to provide transportation options to the region's residents, including efforts to connect centers with high capacity transit; this requires more residents and workers plugging the farebox,and therefore higher densities in a given transportation corridor,to be cost-effective. Failing to provide travel choices leaves more people reliant on the most expensive—and most carbon- intensive—mode of surface transportation,the private automobile.Lack of alternatives to auto travel also fills our roads with cars that impede the movement of freight and reduces our economic competitiveness. In short,our existing policies and levels of investment in our communities will not bring us the outcomes we desire. RECOMMENDATIONS I September 15,2009 COO Report—Strategies for a sustainable and prosperous region 19 125 CLOSING THE GAP But there is another message in the Urban Growth Report: we can close the gap between the current capacity of the UGB and our forecast growth by investing in our existing communities.That is,we can turn our potential capacity into real capacity by increasing the levels of our investments and taking complementary actions at the policy level.But we must invest at every level—city,county,regional,state, federal and private sector—and we must invest wisely to stimulate private investment. This recommendation calls for strategic investments and policy actions by all level of government to use land inside the existing urban growth boundary as efficiently as possible to minimize expansion of the urban growth boundary,to make the most of our existing communities and to help make good jobs available to our citizens. STRATEGY 1 ( MAKE THE MOST OF WHAT WE HAVE Invest to maintain and improve our existing communities A strategy of investment is the essence of this recommendation. First and foremost,we must find new ways to invest in our future. Specifically: By December,.201O, the region should adopt an integrated regional investment strategy focused on revitalizing our downtowns, main streets and employment areas consistent with the 2040 Growth Concept. The region must maintain,replace,and in some cases expand,the public works—water,wastewater and storm water systems,and streets and roads—that are essential to support redevelopment in existing urban areas and new development in areas previously added to the UGB.We must also invest in the community assets essential to making our urban communities better places to live and work: parks,schools,natural areas and trails; town squares and gathering places;and bicycle facilities and sidewalks,for example. By committing ourselves to maintain and improve these public works and community assets,we will attract complementary investments by the private sector to take advantage of the value added by public investments. By collaborating strategically with private investors and,when appropriate,entering into public-private partnerships,we can further ensure that we will invest the public's dollars in ways that provide the greatest overall benefit to our communities. Moreover,the region should increase its investments in the reuse and revitalization of old buildings and vacant and underused lots in already developed areas.These investments will bring increased activity and private investment to those areas and support efforts to efficiently accommodate growth within the UGB. Consideration of the natural environment,impacts on personal and public costs,individual and regional equity,and public health should be factored into all of our investment decisions. 20 RECOMMENDATIONS September 2009 COO Report--Strategies for a sustainable and prosperous region 126 The region should make transportation investments that increase safe; affordable and convenient travel options for everyone, help the region's businesses and traded sector industries remain competitive, and reinforce the region's desired outcomes. The region has effectively used,and should continue to use,a range of approaches to achieve these outcomes.These approaches include repairing and maintaining our previous investments in transportation facilities and using both market-based and technological means of getting the most out of our existing system.We should also make strategic investments both in transportation facilities that improve freight mobility and in transit,hiking and walking facilities to provide residents with more ways to get around. Perhaps most critically as a stimulus for private investment,we must significantly expand the region's high- capacity transit system to give residents more options than the private auto to travel to work and other daily destinations,to free-up road capacity for movement of freight,to attract and support compact development and to reduce our carbon emissions. There is not enough money to make all the investments we need.For decades,investments in public facilities have been declining in communities nationwide,and our region is no exception. Despite the current flow of federal "stimulus"dollars,the heyday of nearly limitless federal largesse is over,and state property tax restrictions have further depleted public coffers. This recommendation,therefore,proposes that we focus public investments in those places around the region where the investments are most likely to help us achieve the outcomes we desire.Moreover,we must link the investments to our desired outcomes,and to one another,to maximize the value of each investment. Finally,we will need to identify the local and regional actions necessary to pursue new sources of funding if we are to maintain and improve our existing communities,accommodate growth efficiently and create favorable conditions for private investment and job creation. Focus investments in centers, corridors and employment areas First,we must concentrate investments within the 2040 Growth Concept's places of highest potential density and established infrastructure.These include centers across the region (areas designated as town centers,regional centers,central city and light rail station communities),important employment areas,and the principal highways and roads ("corridors")that connect centers with frequent bus service. Focusing investment in these places will yield the following benefits,each of which supports outcomes the region seeks to achieve: Local aspirations—The region will invest in the very places cities and counties want to invest local funds to achieve their community aspirations. Regional investments will complement and enhance local investments, and vice versa. Existing infrastructure—This focus will encourage growth in places where sewer,water,storm water facilities,parks and streets already exist,using these services more efficiently and bringing more ratepayers to share their costs. Public transit—The region will be able to accommodate a larger share of forecast growth where we have already made major investments in public transit. Concentrating growth in centers and corridors will give more residents access to transit for commuting and other daily travels,thereby reducing their transportation costs and freeing up road capacity for freight movement. More transit rides means more fares paid and more cost-effective transit. Walking and biking —Higher levels of housing and jobs in centers and corridors will also bring jobs and everyday needs—stores and professional and civic services,for example—within walking and biking distance of many inure residents. RECOMMENDATIONS I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 21 127 Energy and climate—Concentrating development in centers and corridors reduces and shortens our trips, thereby reducing energy consumption and the amount of carbon emissions produced by our travels. Neighborhood stability—By absorbing most of the forecast growth in centers and corridors,we can protect our existing residential neighborhoods from the impact of this growth. Regional equity—Because there are centers and corridors in every part of the region,this approach will distribute the benefits of community investments equitably across the region. For example,our Housing Needs Analysis shows a growing number of households in parts of the region spending more than they can afford on housing and transportation during the next 20 years.Investment in new high-capacity transit lines to centers and corridors with disproportionally large numbers of"cost-burdened"households can reduce transportation costs for those households and leave them more money to spend on housing and other essential needs. Link investments Second,we must link investments in the following ways: • Link regional investments to local investments and actions to achieve both regional and local aspirations. • Link investments to achieve multiple outcomes. • Link investments to make each investment more effective. • Link public investments to private investments. The following examples from across the region teach us that linkages make investments greater than the sum of their parts.These successes are stimulating coordinated investments elsewhere. Current and future successes Portland's 1988 plan for the River District(north of downtown)called for 1,800 new dwelling units. Pursuant to the plan, the city and the region made a coordinated set of investments: replacement of the Lovejoy ramp from the Broadway Bridge; a streetcar line to downtown;upgrades to public works;a system of new parks connected to one another and eventually to a trail along the river; bike lanes and sidewalks,and other community assets. As a result of these investments,private investment has increased dramatically,adding 7,600,000 square feet of new building space within three'blocks of the streetcar line.By 2008,the district had added 8,000 dwelling units,several hundred of them "affordable" and rendered more so by access to transit,walking and biking facilities.When currently anticipated projects are completed,the district will have added a total'of 10,000 dwelling units and 21,000 jobs.Outcomes'the city has built a vibrant, economically prosperous community, rated one of the most walkable in the country. Tigard wants to revitalize its downtown—a designated town center under the 2040 Growth Concept,which calls for higher l' density housing and employment there.The city has adopted a vision plan that calls for 2,500 new housing units and 900,000 sq.ft.of new commercial floor space.The city has also established an urban renewal district and uses tax increment financing to upgrade public works.In partnership with Metro,Tigard is investing in parks and trails along Fanno Creek,using funds secured through the 2006 natural areas bond measure.As provided in the proposed High Capacity Transit System Plan, Metro will invest regional funds to extend light rail to Tigard's town center when conditions justify the investment.City investments make light rail more feasible financially,and the region's investment in light rail will encourage the new housing and job development the city desires. Cornelius hopes to add jobs to offer more employment opportunities to residents,who travel long distances to jobs in other cities,and to boost'its tax revenues to,pay for community assets'that would add vitality to its center.The 2040 Growth Concept calls for greater employment and residential capacity along Cornelius'designated main street.The city has asked Metro to designate an area around its main street as a town center to stimulate greater investment.The proposed High Capacity Transit System Plan would provide regional funds to extend light rail from Hillsboro to Forest Grove,passing along Cornelius' main street,when conditions justify the investment. Redesignation of the city's main street as a town center under the 2040 Growth Concept would complement the city's strategy 22 RECOMMENDATIONS 1 September 2009 COO Report—Strategies for a sustainable and prosperous region 128 Many cities and counties in the region have developed action plans to bring life to their downtowns and other centers.Complementary regional and local investments and actions can shepherd these aspirations to reality.Metro has assembled an inventory of the aspirations of cities and counties for their centers,as well as investments that can help achieve these aspirations (see"Investing in Great Places Matrix"in Section 3 of this recommendation).These collective aspirations,and the investments and policy actions needed to realize them,are ambitious and will require sustained leadership and collaboration to implement. The region should make use of the full range of existing regional and local investment tools and strategies, including the following: Tax increment financing(T1F) in urban renewal districts has revitalized many lagging urban areas by raising funds to pay for upgrades to public works and community assets that, in turn, attract private investment that generates new tax revenues to pay for the upgrades. Nine cities and Clackamas County use TIF in urban renewal districts. Local improvement districts have helped local governments pay for public works and community assets by assessing fees on properties in the districts that benefit from the services. Economic and business improvement districts have stimulated private investment in industry and businesses in the region's employment areas. System development charges(SDCs)currently cover a portion of the costs of providing a limited list of public facilities to new development: transportation, water supply, sewer, storm water management, and parks. Revisiting local government capital improvement plans in light of the stated aspirations of local communities could result in SDCs that more accurately reflect the full anticipated costs of accommodating growth. High-capacity public transit lines have drawn very significant private investment to the corridors along the lines.The region has endorsed an ambitious program of expanding the region's high capacity transit system to connect regional centers and other centers along principal corridors in the High Capacity Transit System Plan.The plan's "System Expansion Policy" sets targets for cities,counties, Metro and TriMet that signal financial and community readiness for new lines. Transit-oriented development investments by the region have demonstrated that mixed-use, higher density development can succeed in places the private sector has been reluctant to invest. In Gresham, Portland,Milwaukie and other places,transit-oriented development supported by the region's flexible transportation funds is helping to revitalize communities and leading the way for private investment. Transportation network improvements are under-appreciated investments that close gaps in street, bicycle and pedestrian (sidewalks and trail) networks. Adding these missing links increases mobility and accessibility in our centers and corridors throughout the region,while improvements to the network of freight routes are essential to regional prosperity,especially traded-sector industries that rely on the movement of freight. These connections help the region achieve its desired outcomes for transportation choice,vibrant communities, healthy ecosystems,and reducing carbon emissions. RECOMMENDATIONS September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 23 129 Natural areas land acquisitions are preserving thousands of acres of critical habitat and other special places across the region. Investments in protecting natural areas provide refuge and recreation to current and future residents of our urban region, enhancing our sense of place;there is a direct link among these investments and increased property values. These areas also support the healthy function of rivers and streams,filter our water, provide connectivity for wildlife, improve our air quality, and sequester carbon. Parks and Nature in Neighborhoods grants restore and enhance these local and regional assets. These grants support the nature close to home that makes our centers and corridors more livable and connects them to the rest of the region. Metro and its local government partners should develop an action plan for making the regional and local investments needed to implement Strategy 1,and for linking the investments with the tools described in Strategy 2. New funding The region currently lacks the resources to repair and maintain our existing public facilities,let alone build the new sewers,water systems,roads,parks and schools our communities will need to accommodate population and employment growth.The governments of the region must commit to seeking new sources of funding for needed investments in public works and community assets,including local and regional dollars to match federal funds for transportation improvements.This action plan will become the basis for realizing our aspirations and enabling us to protect our urban growth boundary by accommodating growth in our existing communities. An integrated regional investment strategy would include two major elements: Transportation investment Implement the transportation investment strategy identified in the Regional Transportation Plan (RTP). The RTP identifies existing revenues as well as aspirational revenue targets to fund a prioritized list of planned transportation projects.Local and regional follow-up actions are required to enact new revenue sources.The region's transportation leaders should create a"road map"identifying the local and regional action steps to generate the levels of revenue envisioned in the RIP. Other community investments Develop a regional action plan to make focused investments in the region's downtowns,main streets and employment areas. To maintain our existing infrastructure and community assets,and to meet the region's collective aspirations for population and employment growth,regional leaders should develop a strategy for closing the finance gap between our aspirations for development and our current means.This strategy should: • Refine the investment needs identified in the "Regional Infrastructure Analysis" and "Investing in Great Places Matrix" to begin serving as a "project list" for targeting regional and local resources. • Identify and recommend local and regional revenue actions to increase the resources available to make the public investments required to implement Strategy 1. 24 RECOMMENDATIONS j September 2009 COO Report- Strategies for a sustainable and prosperous region 130 STRATEGY 2 ! PROTECT OUR URBAN GROWTH OU B To the maximum extent possible, ensure that growth is accommodated within the existing UGB. Residents of this special place understand the relationship between our management of urban growth and the quality of life we enjoy.Metro and its local government partners should employ available policy tools to use land within our existing urban growth boundary more efficiently and avoid adding land to the boundary whenever possible to achieve the outcomes desired by the people of the region.Specifically: We should manage the urban growth boundary to protect farm and forest land, support a strong economy,"and maintain and create great communities. A complement to the strategy of investment in centers,corridors and employment areas is a policy of maintaining a"tight"urban growth boundary. Expanding the UGB means extension of expensive streets and roads,as well as public water,wastewater and storm water systems,to new areas.Extension of services to new UGB expansion areas diverts limited public dollars from our existing centers and corridors,working against our investment strategy.A tight UGB supports the creation of great communities by sending a signal to the private sector that investments in our downtowns and main streets are investments that will hold their value. To be clear,this recommendation does not represent a firm resolution against any expansion of the UGB. The Urban Growth Report tells us we have a capacity gap; state law tells us we must close the gap. Certainly,we should close as much of the gap as possible by increasing our investments from all levels of government in centers,corridors and employment areas.But if we cannot fully accommodate projected growth through our strategy of investment and the other tools recommended here,we will have to expand the UGB.If we must expand the UGB,we should add land only from our designated urban reserves,and only land that can help us achieve our desired outcomes for our centers,corridors,and employment areas. The greatest uncertainty facing the region is predicting our industrial capacity needs during the next 20 years.A look back demonstrates how rapidly needs for industrial capacity have changed,how difficult those needs are to predict,and how vulnerable the region is to national and international trends,such as global warming and economic globalization. In the face of this uncertainty and mindful of our firm desire for a prosperous regional economy,a committee of regional leaders is forming to identify approaches that will allow us to take advantage of real opportunities to attract traded-sector,family-wage jobs in a way that is consistent with the region's overall vision.Options under consideration include: • Pursuing land assembly and brownfield redevelopment in existing industrial areas; • Targeting infrastructure investments to make land inside the UGB shovel-ready, and identifying approaches to protect the public's investment; • Bringing large parcels into the boundary under conditions that severely restrict conversion to non- industrial use; and • Designating key parcels as urban reserves and creating a fast-track process to bring them into the boundary when needed. RECOMMENDATIONS September 15, 2009 COO Report—Strategies for a sustainable and prosperous reg'on 25 131 We must recognize there is a risk associated with maintaining a tight urban growth boundary (little or no expansion). If we hold the UGB and fail to use land inside the boundary more efficiently,some of the households that would otherwise be expected to locate within our region will instead spill over to our neighbors.Vancouver,Sandy, Canby,Newberg,North Plains,Banks,and Scappoose.This spillover could be costly:it may use up more farmland if our neighbors do not use land as efficiently as we do; it may outstrip public services in those cities; and it would likely create many new trips between our neighbor cities and the Portland area,which would require expensive new highway capacity and increase carbon emissions.Just as holding the boundary tight is a complement to the investment strategy,so the investment strategy and the zoning tools and financial incentives discussed below are essential complements to the UGB strategy.These tools will help us use more of the zoned capacity we have inside the UGB to make room for people who would like to live in our communities. We should use urban and rural reserves to achieve the region's long-term goals. Urban reserves In 2007 Metro and the local governments of the region concluded that the best way to ensure that land we add to the UGB over time produces great communities is to plan ahead for a longer time horizon than the 20-year UGB planning period.A broad coalition of partners from government,business,agriculture and the environmental community worked together to pass legislation allowing the region to establish urban and rural reserves directing where the region will and will not grow during the next 40 to 50 years. Since then, members of that coalition,led by Metro and Clackamas, Multnomah and Washington Counties,have been working to identify the best areas in which to establish these reserves.We are on track to designate them in 2010 as part of our Making the Greatest Place initiative. Designation of urban reserves constitutes a key strategy in achieving the region's desired outcomes. Because land in urban reserves receives the first priority under state law for addition to the UGB,we will be able to select land from urban reserves when needed,with greater certainty that the expansion will survive a legal challenge.This increased predictability sends clearer signals to investors from all sectors,private and public,about where the region will expand.In addition,it means the region will be better prepared to add land to the UGB quickly if the opportunity should arise to recruit a targeted new industry that cannot be accommodated inside the existing UGB. The four governments who have authority under state law to jointly designate urban and rural reserves (Metro and the three counties) have completed their assessments of the suitability of land outside the UGB for urban reserves and are currently working to prioritize among suitable land to prepare for designation of reserves in 2010.When the time comes to designate urban reserves,it is expected that the partners will use the same caution we would exercise when adding land to the UGB. Forecast for Metro urban growth boundary Low Bottom third Upper third High 2060 population 2,313,900 2,496,500 2,606,300 2,787,800 2060 households 968,500 1,043,300 1,088,300 1,162,700 2060 jobs 1,345,355 1,473,792 1,608,109 1,754,885 26 RECOMMENDATIONS I September 2009 COO Report—Strategies for a sustainable and prosperous region 132 The following recommendations ate made with great respect for the work that has already been done by the many public officials and other parties who have been working for over a year to designate reserves,and with the expectation that many,if not most,of these comments are generally consistent with the direction of that process: • Acknowledging the uncertainties we face predicting the long-term future,the reserves partner governments should designate an amount of urban reserves sufficient to accommodate growth in the middle third of the population and employment forecast ranges. • Our long-term success in focusing growth in our centers and corridors inside the UGB will reduce the amount of urban reserves we need and use over time. • We ought to anticipate that communities of the future will develop in patterns that use less land and emit less carbon than communities of the past. Communities that are ultimately built in reserves added to the UGB should provide a more complete array of services near where people live and make it easier for people to choose walking,transit and biking for everyday travel. • The location of designated urban reserves should complement and reinforce our strategy to focus investment in existing centers,corridors and employment areas. • We should ensure that the designated urban reserves contain land suitable for industrial use adjacent to or near the existing UGB. • Our designation of urban reserves should minimize loss of our best farmland, our source of food and many other products that make agriculture one of our steadiest and most important industries. • When designating urban reserves,we should leave space—including rural reserves when appropriate-- between them and our neighbor cities so those cities can retain their identities and achieve their own aspirations. If the reserves partner governments make the assumptions and apply the recommendations above,the region will be able to accommodate our longer-term residential and employment growth with urban reserves in the range of 15,700 to 29,100 acres. Selecting from the areas described in the Reserve Area Assessments and Recommendations contained in Exhibit 3E-A of this report should enable the designated reserves to fall within that range.These areas include the lands deemed most suitable for future urbanization as great communities by advisory committees in the three counties. Selection from among lands in these areas will ensure a long-term supply of land for future industries and jobs without undermining the critical farm and forest industries outside the UGB.Selection from these lands will also reinforce our strategies to create great communities inside the UGB. Finally,Metro and the counties should require that"concept plans" be completed before we add urban reserve land to the UGB.These plans should firmly guide critical decisions about eventual urbanization of this land so it yields the communities that achieve the region's long-term goals.Concept plans should include: • The location of centers,employment areas, major transportation routes,and public facilities,and how these elements will link to communities and roads,sewers, water systems, trails,parks and open spaces already inside the UGB. • Formal agreements among responsible local governments that determine which cities will govern the land and who will provide urban services once it is brought inside the boundary. • A plan to finance public works (e.g., sewer, water, and roads) and essential services (e.g., schools, parks,sidewalks and trails). Completing this planning before adding land to the UGB,rather than after,will ensure that future expansion areas can quickly and efficiently develop into great communities that achieve the region's desired outcomes. RECOMMENDATIONS I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 27 133 Rural reserves Rural reserves are the companion to urban reserves.Designation of urban reserves signals where the region will expand the UGB when necessary.Designation of rural reserves identifies areas where the region will not expand. The reserves partners have been working for many months to identify the agricultural lands,forests and natural landscape features that should not be added to the UGB at any time during the next 40 to 50 years. Rural reserves will provide the same certainty and security to farmers and foresters that urban reserves provide for investors in urban development:working farms and forests can invest in their operations with confidence that the metropolitan region will not add their farms or woodlots to the UGB for decades.This security for the farm and forest industries—the oldest industries in the region and major employers in our urban communities (in processing,for example)—will help the region achieve the economic competitiveness and prosperity that constitutes one of our key desired outcomes.When the time comes to designate rural reserves,the region should exercise the same caution we would use when designating urban reserves: • The reserves partner governments should designate the region's most important and threatened farmland as rural reserves to help maintain the critical land base needed to support the agricultural industry,from growers to processors to distributors. • Because of growing concern for a local supply of safe and healthy food,the reserves partner governments should keep in mind for designation of rural reserves those areas near the UGB with farms that market fresh local food to urban dwellers through the growing network of farmers' markets,co-ops,restaurants and grocery stores. • The reserves partner governments should designate as rural reserves those important natural landscape features that help define our place,are worthy of protection in their own right, and provide "hard edges" to limit long-term urban expansion. • The reserves partner governments should use rural reserves to protect our sense of place by ensuring some rural separation remains between our metropolitan region and our neighboring cities. • The same uncertainties that should cause us to limit the amount of urban reserves we designate should also cause us to leave some land near the urban reserves undesignated as rural reserves. Designation of rural reserves is evidence of a strong regional commitment to protect these lands from urbanization over the long term.The four partner governments should make good on this commitment to working farm and forest families by pursuing additional actions to keep the farms and woodlots in the reserves available for food and fiber production.For example,voluntary"transferable development credits" programs would reduce the number of new non-resource dwellings in these areas by paying farm and forest landowners for their development rights and selling the rights to developers in centers and corridors within the urban growth boundary. 28 RECOMMENDATIONS September 2009 COO Report—Strategies for a sustainable and prosperous region 134 We should prepare for and support private investment in efficient development through greater use of existing zoning strategies,financial incentives,and other tools, Zoning tools The"seeds"of investment will grow best if they germinate on fertile ground.There is much fertile ground in the region as the result of thoughtful planning and zoning by cities and counties to put the 2040 Growth Concept into place. But not all centers,corridors and employment areas are ready for investment.To help make these places ready,the region should work in partnership with cities and counties to link regional investments with local"readiness"actions,including the following: • Change zoning regulations in centers and corridors to allow use of substandard lots, a broader mix of uses, less parking and higher densities. • Re-examine current zoning limitations on those corridors identified for future high capacity transit investments in the High Capacity Transit System Plan and make changes to achieve levels of housing and employment capacity needed to support and justify the projects. • Change zoning regulations in industrial areas to protect these prosperity assets from encroachment by non-industrial uses. Local governments are already making changes to their zoning codes to achieve higher levels of urban activity in their centers and corridors and to put more of residents' daily needs within walking distance of their homes.These actions will bring more residents and workers to regional and town centers to share the costs of operating and maintaining services and community assets,such as transit and parks. More residents and workers will also support the restaurants, bakeries,coffee shops and other businesses that make our centers lively and prosperous.This recommendation urges cities and counties to take the additional actions that will stimulate the private sector to invest in ways that realize the potential capacity of our centers to accommodate future job and population growth. RECOMMENDATIONS I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 29 135 Financial tools Financial incentives encourage private investment in downtowns,main streets and employment areas. Cities across the region use these tools to stimulate housing and employment in key locations,but they are not being used to their fullest potential.Accordingly,local governments across the region should increase the use of these existing tools to prepare for and support investment in efficient development.Examples show the variety of incentive programs available to local governments: • Gresham.and Milwaukie have used the state's Vertical Housing Tax Credit in their downtowns to incentivize private investment in high-density, mixed-use projects by reducing developers' up-front costs through temporary tax relief. Wood Village is applying to the state to establish such a program. • Portland and Gresham have employed the multiple unit housing tax exemption to encourage private investment in transit-supportive, multi-family housing in their light rail station communities. • Clackamas County,Beaverton, Sherwood, Milwaukie and Portland are a few of the local jurisdictions who have taken advantage of the U.S. Environmental Protection Agency's Brownfields Assessment and Cleanup funds to clean up "orphan" sites and get them back on the market for private employment and housing projects. Metro uses hrownfields funds to assess potential contamination at sites across the region and provide information and other resources to assist local cleanup of the sites. • System development charges (SDCs) are a principal source of funding for water, sewer and storm water systems,streets and roads, and parks. Oregon City and Gresham have adopted Impact-Based SDCs that vary the charges to more equitably reflect the lower costs associated with development in their downtowns as compared to less urbanized areas and to provide an incentive to develop there. • Property Tax Abatement programs can entice industries to targeted employment areas. Forest Grove uses tax abatement (three and five-year exemptions) to attract new industries to its Enterprise Zone. • Main Street programs make funds available for "sprucing up" main streets—adding street trees and benches, pedestrian improvements and new building facades, for example—to attract people and businesses. • Excise Tax Planning Grants, new in 2009,will help local governments develop action plans for revitalization of their centers. These financial incentives can stimulate the private market to use land in centers,corridors and employment areas more efficiently, particularly if the incentives arc used in concert with investments and other tools. Today,these programs are underutilized.Cities and counties across the region should make more aggressive use of these tools to achieve their aspirations for their centers,corridors,and employment areas while helping the region to close its"capacity gap" and to protect farm and forest land from development. Efficiency tools There are many other actions Metro and other local governments can take to encourage efficient use of land and transportation systems.The region should make widespread use of the following tools and strategies: Land assembly,used by Hillsboro in its remarkably successful strategy to attract high-tech development (a former large proposed residential development today is the site of Intel's Ronler Acres facilities),can provide larger properties that are more attractive to the industries that need large sites. Transportation system and demand management conserves the capacity of our existing transportation system and yields benefits analogous to energy conservation: by getting more performance out of the same investments,it is often less expensive than creating new capacity by,for example,building a new freeway interchange. 30 RECOMMENDATIONS September 2009 C00 Report—Strategies for a sustainable and prosperous region 136 • Gresham installed an "adaptive traffic signal timing system" that reduced travel time by ten percent and saved 74,000 gallons of fuel in a year. • Portland used an "individualized marketing program" to inform residents along the new MAX Yellow Line about alternatives to drive-alone trips. Auto trips have declined nine percent and transit ridership has increased 24 percent among residents who participated in the program. Programs such as these increase system efficiency,reduce demand,conserve energy,and reduce carbon emissions.This recommendation proposes a comprehensive program of system and demand management— from incident response to congestion pricing—in the Transportation System Management and Operations Action Plan,part of the Regional Transportation Plan. Parking management has proven successful in reducing congestion in portions of centers with dense concentrations of retail,professional and civic services.Communities should employ a range of parking management techniques—shared parking, lower minimum and maximum parking standards,structured parking and metered parking—in the Regional Transportation.Functional Plan and the investment strategy. Service agreements can reduce the time and cost of providing urban services to developing areas. For example,the cities of Happy Valley and Damascus signed an agreement to determine which city would annex unincorporated territory between them to avoid time-consuming and expensive case-by-case disputes. To achieve similar benefits,areas designated urban reserves should be covered by service agreements as a pre-requisite to their addition to the UGB.This recommendation also proposes amendments to Metro's boundary change code to ensure that new cities are capable of providing a level of urban services that enables them to be great communities. These tools,particularly if integrated into an overall strategy of investments and incentives,can facilitate, encourage and support development in centers,corridors and employment areas that will help the region achieve multiple desired outcomes. STRATEGY 3: WALK OUR TALK Be accountable for our actions and responsible with the public's money Both our experience and extensive modeling give us confidence that investing in the downtowns and main streets of our existing communities,maintaining a relatively tight UGB,and using the various policy and financial tools described above will help us achieve the outcomes we desire and close the capacity gap identified in the Urban Growth Report. But empirical evidence will he needed to tell us whether the strategies are succeeding and to inform future decisions as the region moves forward. For that reason,it is critical that we establish a system to measure our progress toward achieving our desired outcomes and respond to the results. Accordingly,the region should: Develop and adopt a sot of performance targets specifically based on the region's desired outcomes.For example,one of the region's desired outcomes is leadership in minimizing contributions to global warming. A performance indicator associated with this outcome is reduction of carbon emissions.The logical target might be the reduction levels adopted by the Oregon Legislature in 2007. Measure performance on a periodic basis and report the results to the region.Evaluation against the performance indicators agreed to by regional partners could be conducted by an objective third party. Adapt our policies and investment strategies based on what we learn. Be accountable to each other and the people of the region for achieving the outcomes we have agreed to pursue. Ensure that public investments are consistent with the publics values and priorities. RECOMMENDATIONS I September 15,2009 COO Report—Strategies for a sustainable and prosperous region 31 137 PUTTING THE STRATEGIES IN PLACE Regional Transportation Plan—accepts policies, projects December 2009 Joint Policy Advisory Committee and funding strategy as the long-range blueprint for the on Transportation and Metro Policy region's transportation system Advisory Committee make • Revise the 2004 Regional Transportation Plan(RTP) recommendations to Metro Council; •, Adopt new and revised components:the Transportation System Metro Council votes Management and Operations Plan,the Regional Freight Plan, and the High Capacity Transit System Plan • Adopt new transportation policies • Adopt a list of transportation projects the region expects to undertake during the planning period • Revise the Regional Transportation Functional Plan to prescribe how cities and counties help implement the new RTP Urban Growth Report—estimated capacity of the metro region December 2009 Metro Policy Advisory Committee to accommodate population and job growth over the next 20 years makes recommendation to Metro Council; Metro Council votes 20-year capacity ordinance—describes how the region will December 2010 Metro Policy Advisory Committee accommodate the next 20 years of population and employment makes recommendations to Metro growth Council; Metro Council decision Urban reserves—land outside the urban growth boundary December 2009 Metro Council and three counties identified for potential future urban development identify potential urban reserves through intergovernmental agreements Rural reserves—land outside the urban growth boundary December 2009 Clackamas, Multnomah and identified for continued use as farmland or natural area Washington counties identify potential rural reserves through intergovernmental agreements with Metro Urban reserves designated Spring 2010 Metro Council designates urban reserves by amending framework and functional plans Rural reserves designated Spring 2010 Clackamas,Multnomah and Washington counties designate rural reserves by amending comprehensive land use plans Regional Transportation Plan—final adoption,which initiates Summer 2010 Joint Policy Advisory Committee local plan updates on Transportation and Metro Policy Advisory Committee make recommendations to Metro Council; Metro Council votes 32 RECOMMENDATIONS 1 September 2009 COO Report—Strategies for a sustainable and prosperous region 138 NEXT STEPS This recommendation kicks off the decision-making phase of Making the Greatest Place.It is intended to stimulate public discussion of possible courses of action to improve our communities. Concerted action by Metro and the other local governments of the region can put us on track to build great communities,limit expansion of the UGB,support a strong economy,and achieve important outcomes on behalf of the people of the region.Action by cities and counties to encourage higher levels of development in their centers,corridors and employment areas can help local communities to achieve their own aspirations to become more livable,lively and prosperous,and can also help the region to accommodate growth efficiently. This recommendation, then, is a call to action. Action comes next. For Metro's part,the Council will"accept"the 2005-2060 Regional Population and Employment Forecast, the Urban Growth Report and performance indicators to evaluate possible courses of action by resolution in December of this year.Immediately thereafter,Metro will work with its partner local governments and many others to improve each of the draft elements of the three ordinances.Then.the Council will take its actions to adopt the ordinances in 2010. TO download the complete report, find out about open houses and public hearings, or to provide'comrnents, visit www ,oreg ortri etro. ovl re tes pl RECOMMENDATIONS I September 15, 2009 COO Report—Strategies for a sustainable and prosperous region 33 139 zz� s� 0 Clean air and clean water do,not stop at city limits or county lines. Neither does the need for jobs, a thriving economy and good transportation choices for people and businesses in our region. Voters have asked Metro to help with the challenges that cross those lines and affect the 25 cities and three counties in the Portland metropolitan area. A regional approach simply makes sense when it comes to protecting open space,caring'for parks, planning for the best use of land, managing garbage disposal and increasing recycling. Metro oversees world-class facilities such as the Oregon Zoo, which contributes to conservation and education, and the Oregon Convention Center, which benefits the region's economy. Metro representatives Metro Council President— David Bragdon Metro Councilors Rod Park, District 1 Carlotta Collette, District 2 Carl Hosticka, District 3 Kathryn Harrington, District 4 Rex Burkholder, District 5 Robert Liberty, District 6 Auditor—Suzanne Flynn www.oregon metro.gov Metro 600 NE Grand Ave. Portland,OR 97232-2736 503-797-1700 Printed on recycled content paper.09336 September 2009 140