City Council - Regular Meeting

Good evening and welcome to the July 21st work session. Just so you all know, Councillor Ambry and Councillor Sogato are unable to attend and they are excused. And there have been several disruptions during city work sessions. And so I want to begin by setting the expectation for everyone that we do not tolerate disruptions that preclude the council from being able to conduct its business. Disruptions do have an impact on everyone in room and online. Those who cause disruptions will be asked to watch the work session from the auditorium or to leave the meeting and the building altogether. This is deemed, this statement now is the first warning for all attendees in the meeting. Any person who disrupts the meeting will be provided with an individualized warning. Any further disruptions will then result in that individual being asked again to watch the work session from the auditorium or being removed from the building altogether. I'll now turn the time over to staff. to begin the work session. Thank you.

I have a question. I'm wondering if you could review all of those rules when we're in the auditorium, so that people are not finding out on the spot that they're breaking a rule. For example, I was unaware that you couldn't have food in the auditorium. So if you could explain those rules, that would be really helpful. And then I think that people wouldn't be... be put on the spot when they have no idea that they're breaking the rules.

Thank you, Councilor Allcare. At the last meeting, I did read those rules, and I'm happy to read them again, and I was intending to read them again for the meeting. Thank you very much. I'll turn it over to the staff. Simone?

Thank you, Mayor. Good evening, Council. I'm actually going to hand it right on off to Tina Bailey and Teresa Gallin to talk about our transportation returns.

Can I just cut you off? Good evening, Council. For the record, Tina Bailey, the Assistant Director for the Public Works Department. And with me tonight is Teresa Galvin, our Business Operation Manager for Public Works. I'm going to try to breeze through this quickly. which unfortunately for you, I also speak quickly. So if I am speaking too rapidly, that's an interruption that I would really appreciate so I can try to slow it down. Otherwise, if I could get you to hold questions to the very end of the presentation, we might be covering the questions as we go through in the interest of trying to save some time. So I think it's slide to advance. You've seen this slide before. This is just kind of a little bit of a reminder that we do not assess all the utilities that people are billed for on a monthly basis. Those in the green box for the community are the ones that we have direct control over management and billing. We indirect the bill for waste management, but we are not responsible for any of the management or billing for some of the other utilities, broadband, cable, et cetera. You will also have seen, I think, this slide before in a prior presentation, which is just a reminder that, like all the other utilities, we conduct master plans, we do asset management, we put together a five-year utility plan, and we come to you on an every-other-year basis to look at raising fees if necessary to accommodate the needs to build the programs that we have. What is unique about transportation over other utilities is that originally transportation was funded entirely by gas tax and vehicle registration fees. So that's a unique thing that we still receive revenue for that other utilities do not have, but also that we do not have direct control over. And really about the 1990s, we saw the buying power of that money deteriorate. Originally that money was meant for building, not only maintenance, but also building capital. And that deteriorated so much that early about the 1990s, the county did the transportation impact fee, which is now the transportation development tax, which is assessed with buildings to help build capital projects. Again, another fee that we don't have direct control over, but we directly benefit from. Early in the 2000s, we created the transportation utility fee because the gas tax and registration fees were no longer even covering our maintenance costs. pavement management program, which is the biggest ticket item in our maintenance budget, was becoming the balancing figure, and we were quickly going behind in the program. So TUF was created really to stabilize the pavement management program. The story you're going to hear tonight is that things have gotten a little bit more dire. So just to kind of cover what we maintain in transportation infrastructure, again, we Tough was really to deal with the roadway surface structure maintenance, but there's a lot of things that we're responsible for in the payment or in the transportation world. You're not going to go through the whole entire list, but those are a few of the things that we are taking care of. What doesn't come on here that takes up an substantial portion of revenue and time is dealing with traffic homing and also dealing with curb management and parking. Those have become significant draws on the staff time today. When we last adopted fee increases two years ago, we were very conservative in our approach to revenue generation because we knew that the state was considering increasing fees because they too, like many agencies, are in the same position we are. Obviously, the state passed 3991, which at full implementation would have given us about $3 million worth of revenue annually, which would have had a significant impact on our ability to fund the program at the time. In the interim, since we had the conversation about rates, the county has been looking at doing a vehicle registration fee increase. that's currently $30 every two years, and I believe they're increasing that to doubling that, looking at doubling that rate. Obviously, the state bill has been repealed by the voters in most of it. There is still a small fraction of it that exists for high-mileage vehicles and gas and electric vehicles. Some of those fees still remain behind. However, it's very minimal impact to the revenue that we're obtaining today. The county vehicle registration fee is not dead at this point in time, but if it is to go forward, it will likely be at a far reduced rate. The county is required to share that revenue with us, and it would have generated at the rate that they were originally proposing, $2.1 million per year. There's still a last conversation debating it, but it would be a much smaller increase, potentially $10 for the first two years, $20 in the next. I think the important thing here, the key is the bottom statement. Adoption at these levels, if both of these revenue sources would have come in today and it's remained, we would still be short revenue, roughly about $3 or $4 million. And the key thing is really is that we are now having a mismatch in our transportation fund. The expenditures that we have going out to maintain the programs that we're doing today do not match the revenues that we have coming in You'll see on the orange bar, that is the gas tax and vehicle registration fee revenues. Those are relatively flat, even declining a little bit because of the decrease in fuel efficiency, or excuse me, the increase in fuel efficiency. So you're decreasing the amount of revenue that's coming in for gas tax that is being, gas that is being used. And the blue, the green line is our expenditures. The blue line there shows what our expenditures And you can see that it goes negative in 2030. We're losing it. We're overspending about $20 or $2 million a year over what we're taking in. This model doesn't include any new programs. It doesn't include any new staff at all. It's really the increases in costs that we're seeing across the board. So all of our programs, inflation, increases in benefits that are going out to staff, et cetera. Going forward, state has not ended the conversation about future revenue. We certainly will advocate for additional funding for our programs. But otherwise, we're going to have to look at, we don't take some action and we don't get any state revenue. We're going to have to look at potential reductions in programs. And that will be a conversation that we will be having with you through the Transportation Committee. And you're looking at things that we have a substantial amount of revenue going to Washington Beacons that our community really supports and are good safety features. We have to do things like reduce our ability to modify signal timing on a regular basis. We don't directly pay for sidewalk maintenance. That's a property owner responsibility, but we tend to have a variety of revenue. dedicated to that because we have to often contract that work up front and then try to recoup the payments from the property owners. Things like traffic markings that need replaced every year, signs that need to be revisited and replaced every year. We just have to drop back on our service levels across the board in order to be able to try to stay under budget. So again, the transportation utility fee was put in place to really backfill the pavement management program. It treats the roadways very much like your other utilities in that you have a monthly use charge based off of an estimated use of the roadway system. We use the same data that is used in development for determining how the traffic characteristics of your property, so trip generation, it goes in your monthly bill just like storm and sanitary and water due. For residential customers, a portion of the fee is dedicated to bicycle, pedestrian, and capital improvement programs. So from a budget perspective, the bulk of the revenue goes into Fund 205, PMP, and for a portion of the residential, it goes into 206, bike, and CIP. Everybody pays this because everybody, even if they don't have a car, generates traffic. You draw the school bus, the laundry, or the garbage man, amazon uber um everybody's attracting attracting traffic so there is nobody that uh gets a full pass on this particular fee just understanding a little bit about payment management and this may actually answer some questions related to the previous um slide presentations that you've had on utilities. So what you're seeing is what we call the deterioration curve on households. And we design households Probably designed for 40 years, but we previously designed it for 20 years. And you see that red line on the graph. It starts up in this excellent condition, which we call PCI, what our pavement condition index 100. That's brand new asphalt. That's where we're on the curve. Over time, if we do not do any maintenance, It follows that red line until it fails and needs to be completely reconstructed. And you can see that red line shoot up again with the reconstruction back to an excellent condition. Our goal is to maintain our network with the PCI 80 or above, which is a good or better condition. And we try to achieve that by following the green line. We perform preventative maintenance procedures at various points while the asphalt is still in good condition, and it will maintain the asphalt in that condition for a much longer time period, and you'll see that it's going to be substantially cheaper for us to do that over time. The issue that we have, and this is why you will see that when we compare fees across utilities or any of our utilities, is that we often are all starting behind the eight ball, so we are all When we started asset management, we had many rows that were in that really poor condition. And we had some rows that were in good condition, and we had some that were in excellent. And we spent the bulk of our money trying to keep them in excellent condition while everything else is deteriorating and becoming expensive. And so when you're in that deferred maintenance, Um, costs to bring that up is very expensive and every agency starts from a different place when they're building these programs. So when we do comparison across rates in the last time, that was one of the questions is why are the rates different? Sometimes it's the size of the network. Sometimes we're all starting from a different place in the network. One of the stories that we've tried to stay ahead of is one of the reasons why we originally passed the transportation utility fleet was our massive 90s growth. So again, maintenance roadways without any maintenance last 20 years with some maintenance that'll last considerably longer. We had 62 miles of roadway built in between 1995 and 2004, which means that's all 20 years old. It's all coming due for maintenance at the same time, and it's going to be expensive maintenance. It's not steel maintenance. It's going to be expensive overlay maintenance. That, when we passed it, was the story that we were trying to convey, is that this is all going to come due at one time, and we are there. And unfortunately, when we adopted it, we hoped to be well ahead of our deferral curve. We're not. We're still very much in maintenance referrals, and we are now looking at reduced revenue in order to deal with that. The good news is you'll see we're also in a massive growth period right now. But again, we now design our roadways for 40 years, which is pretty much something called perpetual containment if we can stay on top of maintenance. It should not have to have the massive reconstructions that our current old asphalt does. Again, we like to stay in the maintenance, or in the preventative maintenance world because it is substantially cheaper, where you can see the costs have gone up over time. So slurry seals are a preventative maintenance procedure. It's like, I use the analogy a lot of painting the side of your house. If you can put the paint over the top of it, it'll protect the underlying structure. It's really what a slurry seal does for the roadway. And you can see, even actually, it's $2.40 per square yard. If we have to let the roadway fail or let our siding rot, in my analogy, you're looking at $69 a square yard to do the same reconstruction activities. Big costs, big cost differences, and we would like to avoid those, but sometimes we can't. So prior to 2009, again, what we're seeing, these are not to scale, just for everybody's knowledge, We see the blue fuel tank is that your gas tax dollars being represented. In 2009, we adopted the end point of the transportation utility fee. So we started funding our payment management program, both with gas tax and the transportation utility fee. In 2012, we were able to have some SIP money, strategic investment program money to the program to help fully fund it. That revenue disappeared or was reallocated in 2024. And so, presently, we fund the program just with the transportation utility fee and some small amount of gas tax. Coming into the next budget year and the models that we were showing you, we do not have enough revenue to put in gas tax dollars. into the pavement management program and sustain any of our other maintenance activities. So we will be looking at funding pavement management completely off the transportation utility fee revenue, assuming that we don't get any more revenue from the state. So for future investments, again, we're not modeling any new FTEs. We are not talking about any program increases in any of these scenarios. For capital projects, Those are largely driven by development and SDC and TDT revenue. We don't build anything off of gas tax or vehicle registration fee dollars. We don't have development. We don't get critical infrastructure. The paper management program right now generates about eight and a half million dollars a year to maintain the PCI that we are striving to achieve. Right now, we're spending enough. This year, we were able to spend, I think, close to 5.7 million-ish Future model years, though, right now show that we can only sustain about $4.5 million without any increases. Our costs are going up faster than we can keep up with it. The Bicycle and Pedestrian Capital Improvement Program, again, we get revenue from the residential customers to fund some like-padded improvements. Right now, the revenue that we get from that, to build one project every six years, we rely on all that revenue, and I would need some SDC or TPT revenues to deliver major projects. Something like a Bentley, which the community has been asking for to be improved forever, is probably around the $13 million project today. We would only have half that money, really, over the next five years with the BIPED capital improvement money. So like the other utilities, we have modeled several increased models. The first model is a 5% increase, which is about $0.50 a month for residential customers starting out for the bicycle and pedestrian and the PMP program. So this would generate additional revenue for both bicycle and ped and PMP. You can see the PMP funding is about $24 million over this model period. BikePet CIP is about $10 million or $9.5 million. The second scenario that you modeled keeps that rate the same. It slightly increases the non-residential customers fees. And because in the second model that you were seeing, we are only increasing the payment management program money outside all the residential customers fees. And that in order to stay with the formula and method of calculation for the program would cause a slightly higher increase for the commercial customers. It generates around 2.5 million dollars for the PMB. So a little bit more revenue if this is moving in the right direction. One of the models that we did consider if we still carried the revenue generation of 205 of the payment management program consistent with the first model, but we went to the transportation utility fee to backfill our needs in the 205s. something we have never done before. It's basically reversing the flow of the tough money. Rather than putting 200 into 205, we put some 205 into 200 to back the piece. We need to double-check our code to make sure that it's still allowable with the codes written. Obviously, if not, there's a possibility to change that. But that does increase the fee from the current $10.60 a month for residential customers to $11.64 a month. and it doesn't generate any more revenue for the Pavement Management Program than the first model scenario. Staff, well, I'll continue under this, and this will explain it a little bit better. So currently, the entire network average is considered to be a pavement condition index of 82, and that's the yellow line that you see on the left side of the chart. We've modeled each of the funding scenarios and through there, if we do no maintenance, you'll see that we dropped down to a 64, which is the blue dashed line. If we fund with the scenario, the first scenario and the third scenario that we presented in the previous table, we get to a paper management or a PCI of 69 at the end of this model run. If we can come up with a little bit more revenue, so we just increase the payment management program, which was the middle funding scenario on the previous slide, we get to a PCI of 70. It's a little bit more pronounced when you look at the graph to the right, and that is our deferred maintenance. Presently, we are about $8 million behind in the maintenance activities that we needed to complete this year, very many dollars short of being able to meet all of our needs. If we do nothing, In 20 years, we are $168 million behind in our maintenance activities. In the two funding scenarios, the colors matched. So if we do the middle funding scenario on the flyer side, we would be $75 million behind in 20 years. If we looked at the first or third funding scenarios, we would be $83 million behind in 20 years. So not the direction we want to be going. Staff, these are modest increases that we're proposing. We are recommending that we look at the middle scenario for the funding to try to move our given management program in the right direction, hoping that the state and the county will come up with some revenue that will help us resolve the 200-fund level problem over the next couple of years so that we can continue to maintain the rest of our programs the way that we need to. And we would be back, obviously, in subsequent years, depending on what the state actions were taking and looking for to resolve this issue. Just to give you an example. So the first in the current scenario, we are the orange bar, $10.60 per month for a residential customer. The first and third scenarios that were presented on the table, two slides back, are the $11.13, the first white bar on the left. The rate that we are proposing, which is we are recommending, is the $11.64, which is the second bar on the right. Not everybody does the correct transportation utility fee. So these are the only agencies that we can compare it to. But again, a lot of this depends on where you start collecting this fee and where you are in that deferral cycle and maintenance cycle between how much you really need as an agency. So, we have a commitment in our code to revisit the whole program every 5 years. So, in addition to just these 2, your rate cycles, we have a policy to go through and make sure that we're calculating it according to the methodology. We had some. Requests and we have this conversation about sidewalks and street trees and whether we want to try to include that. Um, there's also some discussion about whether there's an equity between the fact that we collect by only on residential or not non residential. So those are some of the things that would likely be evaluated in our next funding cycle. Um, really just looking at customer class like pet allocation. And then this would be the comparison of all the utilities that we've presented to you over the last couple months with the rate increases, our current bill on the left, the proposed rate in the middle, and the second year rate on the right-hand side. Just like the rest of our utilities, we do participate in the Utility Bill Assistance Program for individuals who need payment relief. But unique to the transportation utility fee is when we adopted this, there was a recognition that some customers were taking action to reduce the trips and the amount of traffic they put on the roadway. Even when we made the decision to participate in the Utility Bill Program, We continue to leave the top discount on waiver program in place. We don't have a lot of individuals who use that. Currently less than 10% participants are using it. But if you are a residential customer who has no vehicle and will certify that you have no vehicle, you can get a 30% discount on the fee. Similarly, we have non-residential discounts. So if you're an employer who's buying passes for your employees, there's a sliding rate depending on what the percentage is that you're buying passes for up to 30%. Similarly, there are commute options where for large employers that are required to certify that they have programs in place that are reducing traffic. And there's a percentage usually calculated about how much they are actually reducing the traffic in their business by doing these programs. If it's 15% reduction, they get a 15% rate reduction if they want to apply for this program. So these do exist. Anybody can apply for them today. and they would still remain if we had any future rated options. And then this would just be the sample bill that you've seen in all the prior slides, where transportation utility fee lies. And then again, the timeline. We are the last utility, I think, before you, and we will be going out to public engagement with all these proposed rate increases with the intent to get to the committees, both the Finance Committee and the Transportation Committee, in October, hold a public hearing in November, and adopt the rates to implement on January 1st.

With that, any questions? Do we have any questions? Chancellor Sinclair.

Thank you. Tina, thank you for the presentation. Can we go back to the slide that has the tough utility rates broken down in a chart for residential usage?

More. More. And I did have a, Anthony connected me behind the scenes. I did misspeak. One and two have the same rate for the single-family residential customers. It is a different rate for the commercial customers on section two, option two. So again, so residential, we talk about wear and tear. So it's the residents that pay the PMP and the BPCIP.

But the wear and tear is through commercial and industrial on our roads primarily. Is that not correct?

Both commercial customers and residential customers pay the transportation utility fee. They pay for the pay and management program. Only the residential pay for the bike and head. Wear and tear is road, but it's also weather. So if you had no structural loads on the roadways, you would still have maintenance activities for the use of the roadway by our vehicles because freeze-thaw and the weather impacts on them still cause deterioration.

And for the tax increment financing, which is for new development, correct?

Yes, correct. any percentage to help with programming? Or maintenance activities? Yes. No.

No. And then does the Enterprise Zone carry any type of mechanism to help with financing for the community?

For maintenance activities, no.

Okay. Any questions I had? Thank you.

Are there any other questions? Councillor Harris.

Thank you, Tina. I have a couple of questions. What is the total revenue for the transportation department? Is it that slide six that shows about $13 million?

I don't have it off the top of my head. So Anthony's probably going to supply me a number behind the scenes here.

That was what I was looking at. It looks like it says transportation fund 200.

Yeah, so this is just this is just the gas tax and vehicle registration fees that we get from local county and the state. It does look like it's about 12 and a half million. Can you join your number? No, he's giving me all across the board, I think. 13 is right.

That's my eyeball. So what's the total fund? This is just a gas tax. What's the tough fees and the other fees and stuff that are coming into your apartment?

Is that the $20 million you just gave me, Anthony? Yes.

$20 million total. $20 million total.

That's excluding, that would be excluding your TSDCs, so your... That's just the other revenues. To be clear, it's really just $200, $205, and $206. The other fund that you'll see in our program, which I really didn't address, but we kind of indicate here, is they're all funded off of $200,000. So when you see funded depreciation, that's not an additional revenue source. That's a transfer out of $200,000 to pay for future equipment, make their replacement needs and things like that. So $200,000, $205,000, and $206,000 are really where our maintenance revenue, well, $205,000 and $200,000 are really our maintenance revenue dollars. $206,000 is bad.

It's about $20 million for gas tax toughs and the other stuff.

It needs to mention that in 2024,

Some money was allocated. Some said money was allocated away from transportation. Do you happen to know where that went to?

I do not off the top of my head. It was not in my money. All the work spends.

Maybe I could get that information later. What happens, so is the rate increase that is proposed, and I'm sorry, I don't understand the whole timing. Is it just a two-year increase, or are you looking further? What's the question? What's the asking?

Just like we are with the other utilities, we're only looking at two years at this time. That gives us the state some time to figure out maybe whether they're going to do something, but we anticipate still needing rate increases two years from now, but we'll be back in front of you.

Well, that's my question, because we're going to have a legislative session What happens if we get a big influx of money? Do you come back and ask for a reduction in rates? Or should we wait and do a one-year increase?

Well, just a reminder. So again, had the state passed the whole bill, 3991, and it has survived as it was passed, it would have been $3 million a generation. And had the county passed the vehicle registration increase, it would have been another $2.1 million a generation. Even with that $5.1 million, we were still several million dollars in arrears. We are still short. So the chances are very slim that the state and the county are both gonna pass fees of that rate or greater. So we're not anticipating that revenue, but certainly if they surprise us and come back with the $7 million, then we would come back and look at a rate reduction.

Okay, and finally, how are commercial fees on this assessed on the top? Is it square footage? How does that work exactly?

It depends on their use. So for commercial customers, they're grouped together by trip generation of similar characteristics. So there's seven different categories of billing. For customers who generate between, I think it's zero and seven trips per thousand square feet, they are assessed one rate, and it correspondingly goes by the two trips per 1,000 square feet that are grouped together. Then for most customers, it does get calculated off of a per square footage charge. That rate is determined on a per square footage basis. There is a Group 7 category for businesses that generate traffic that don't have a building, so a gas station, for example. There's a number of categories in trip generation animals that are not based off of square footage. They're based off of bumps, parks, or acres of land. Movie theaters, for example, are the number of movie theaters. And those are actually calculated by the number of trips they generate, capped at, I believe, 1,500, if I'm remembering my code correctly.

So has that been modified in review to see if it still is appropriate for calculation or all the numbers, but if you guys take a look at that annually or semi annually, how are we doing?

That's part of the five year calculation that we do every five years to make sure that we are that we are calculating it. And according to the methodology that was developed with the community, we have this cycle to get through. And then the next cycle, we will have to go back and do that. We call it rebalancing to make sure that everything is collected in accordance with the methodology that we developed.

And finally, my last question. Yes. The total amount of need that's not funded right now that the department has calculated, that goes to, I'm assuming, you know, paying for maintenance contracts, doing various things. This will also include your staff salaries and benefits, everything, right? So how much of that need is, how much of your budget goes, and this is something you're not going to be able to answer today, but it would be interesting to know how much this budget goes to personnel and the RAP, as we call it, you know? Right. And how much goes to outsource materials, that sort of thing, and see what the growth is in those areas. And I would like to know that information. So I'd like to get that from you at some point. Thank you.

Are there any other questions? Okay, I have a couple. First, thank you for the briefing. Really appreciate it. And thank you to Anthony Martin for your information as well. Thank you, sir. You talked about the pavement condition index or the PCI.

Yeah.

We are currently at an 82. Correct. Can I ask what most cities in the area are at?

Most agencies... are much lower than that. Our story has never been about a horrible average PCI. Our situation has always been about our massive growth that we experienced in the 90s that other agencies did not have. So maintaining the hold of that high PCI, I think when we started the transportation utility fee, we were around a 78. So we improved to about an 82. There are other agencies that are slightly higher than us. We are one of the strongest in the region because we were fully funding our program for a while. I think Washington County runs, last I knew, somewhere in the high 60s, which is not pretty. We have a lot of failed payments because of an agency at 82.

Thank you. And you mentioned you're going to have public engagement. Can you talk about what that looks like?

That will be done with all the utilities. So it will be the web page and the engage page will have a reach out of what is being proposed and advertisement of the public hearing dates. And then it will likely be through the newsletters and the social media.

Thanks. And did you need anything from us today? It's just informational, is that correct? It's informational. Great. Thank you so much for the briefing. Really appreciate it. And it's always helpful to have the backstory and understand how we compare to others. Oh, Councilor O'Hare, go ahead.

For whatever reason, if public is not okay with recommended rate increases, what is your backup plan?

I mean, the plan will be that we're looking at stopgapping maintenance activities to the best of our ability. Like I said, we're already funding our payment management program right now at about 50% of what it needs. And the activities that we'll have to do to hold our payments together will be stopgap activities that will buy us some time and hold the roadways together, but they are certainly not going to be cost-effective over the long term. But those are the activities that we'll have to do.

All right. Thanks. I can just recommend that when you have public engagement and you're explaining that to be clear with people about what those increases mean and if they don't happen, what that also means. Because I think people might look at the city as just having money to be able to do what we need to do. And if that's not true, I think you need to spell it out for people when we're not going to be able to do some things.

Any other questions? Okay. Thank you so much for the briefing. Very much appreciate it. We will adjourn and we will start our City Council meeting at 7 p.m. in the City Council Auditorium, the Shirley Huffman Auditorium. See you there. Welcome to the July 21st, 2026 City Council meeting. Thank you for joining us this evening. For translation services, please see the QR code.

This meeting is being recorded.

Should I back up? Let me back up. Welcome to the July 21st, 2026 City Council meeting. Thank you for joining us this evening. For translation services, please use the QR code on the poster on the left hand side of the room or on the front page of your agenda. Before we get started, I did want to talk about disruptions. There have been several disruptions during city council meetings lately, and I want to begin by setting the expectation for everyone. We will not tolerate disruptions that preclude the council from being able to conduct its business and hear from the community. Those who cause disruptions will be asked to watch the meeting from the conference room across the hall or to leave the building. This is a warning, so this is your first warning for all attendees. Any person who disrupts the meeting will be provided with an individualized or second warning, and any further disruptions after that will result in that individual being asked to watch the meeting from the conference room or being removed from the building altogether. To keep the space welcoming, inclusive, and accessible for everyone to avoid disruption, we ask that all comments be shared respectfully. To begin this meeting, I invite you to join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Aubrey, may we please have a roll call?

Mayor Pace?

Here.

Councillor Apcare? Here. Councillor Sinclair? Here. Councillor Case? Here. Councillor Harris?

Here.

Councillor Ambry and Salgado are excused.

Thank you. Our first presentation is a proclamation celebrating Farmers Market Week. And I'd like to invite Councillor Sinclair and board members of the Hillsboro Markets to the podium.

It's an honor to share tonight's proclamation in celebration of Farmers Market Week. Whereas farmers markets are important outlets for agricultural producers nationwide, providing them with increased opportunities to meet consumer demand for a variety of fresh, affordable, convenient, and healthful products sold directly from the farm. And whereas farmers markets play a key role in developing local and regional food systems that support the sustainability of family farms, revitalize rural communities, and provide opportunities for farmers and consumers to interact. And whereas a tradition since 1982, the downtown Hillsboro Saturday Market is a seasonal open-air market located in the heart of Hillsboro. And whereas in 2003, the Orinco Station Sunday Market opened and has become a destination market for locals and travelers alike. And whereas, in 2024, the South Hillsboro Market at Reed's Crossing opened and contributes to the cultural and economic vibrancy of the neighborhood. And whereas, the market celebrates the city's rich agricultural history by connecting the community with local farmers and artisans that provide fresh, seasonal produce and products. Now, therefore, be it resolved that I, Kipling Sinclair, on behalf of Beach Pace, Mayor of the City of Healdsboro, Oregon, do hereby proclaim the week of August 2nd through 8th, 2026 as Farmer's Market Week. We urge all community members to support local farmers and artisans by spending the day shopping, grabbing a bite to eat, enjoying featured musicians, and engaging in interactive programs offered at the Hillsboro Farmer's Markets. And Krista, president of our Hillsboro Farmer's Market, we welcome you to say a few words.

I just wanted to say thank you to the city council for all your support, and we really appreciate being a part of this community.

Thank you, Councillor Sinclair. Tonight we're also recognizing Parks and Recreation Month. So I'd like to invite Sia Lindstrom, Parks and Recreation Commission Vice Chair, and Parks and Recreation Director Kendall Reed up to the podium. Whereas Hillsboro Parks and Recreation is the largest provider of inclusive and affordable health and wellness activities in the city of Hillsboro. And whereas Hillsboro Parks and Recreation maintenance crews care for more than 38 gorgeous public parks and community spaces in Hillsboro with a variety of amenities. And whereas there are seven unique welcoming recreation centers in Hillsboro that offer a wealth of specialty programming, and whereas Hillsboro is home to sports complexes that host a variety of recreational and competitive opportunities for residents, bring in regional and statewide tournaments and events, and generate sports tourism that supports the local economy. And whereas special events showcase and celebrate the unique cultures and identities of Hillsborough residents, help us form a collective sense of community and bridge generations and diverse backgrounds. And whereas Hillsborough Parks and Recreation creates positive experiences for youth by offering free and low cost recreational and educational activities. And whereas Hillsboro Parks and Recreation encourages individuals and families to live rich, full, healthy, active lifestyles through engaging fitness opportunities, youth and adult sports, Activities that encourage a imaginative and creative play, artistic endeavors, and nature exploration. And whereas parks and natural areas add beauty to the community, promote urban tree cover, help prevent flooding, improve air quality, and serve as a habitat for wildlife. And whereas public art enhances the built landscape, creating memorable spaces and gateways to the city. Now, therefore, be it resolved that I, Beach Pace, Mayor of the City of Hillsboro, Oregon, do hereby proclaim July as Parks and Recreation Month in Hillsboro and encourage community members to explore local parks, participate in activities, and attend events with our Parks and Rec Department. Thank you. I'd now like to invite Cian Lindstrom up to give us a briefing on Parks and Rec. Cian, thanks for being here and take it away. Great.

Thank you. Good evening, Mayor, City Councilors. My name is Sia Lindstrom. I'm your Vice Chair for the Parks and Recreation Commission. I'm here tonight on behalf of our Chair, Forrest Huntington, and I'm happy to be joined by our Director, Parks and Recreation Director, Kendall Reed. So we appreciate having this chance to share with you how, over the last year, Hillsborough Parks and Recreation has continued to enrich the lives of more than 150,000 people through parks, recreation, arts, nature, and community events. And central to all of this work, equity and access remain at the heart of everything we do, shaping every program, service, and initiative. And if you could give me the next slide. Thank you. So this is our chance to give you our annual report. So I'm going to walk through several topics. And the first one is parks. When it comes to Hillsborough's park systems, we continue to plan, build, and maintain spaces that improve the quality of life throughout our community. In the last year, the Gordon Faber Recreation Complex has expanded its role as a regional destination for sports and community events. In April, the new Hillsboro Hops Ballpark and Regional Entertainment venue opened for play, and the legendary band Chicago will headline at the stadium's first concert this fall. We're also thrilled that Hillsboro Ballpark is the new home of the Portland Cascade, bringing women's professional softball to our community. And the GFRC continues to host youth sports tournaments and community events. In May, the city finalized an agreement with Washington County to redevelop the fairground sports complex, expanding sports and recreation opportunities across Hillsborough. New parks projects are also underway, including a new playground at Evergreen Park, set to open later this summer. And this fall, two lighted and fenced futsal courts will open for play at Dairy Creek Park, providing new spaces for youth and adults to enjoy this very popular and growing sport. And I want to do a big shout out, we've got a picture of some of them up here, to the parks maintenance team for their hard work caring for these spaces across Hillsboro. Next slide, please. Next is recreation. As you can see from the beautiful pictures, our recreation programs continue to promote healthy, active lifestyles while creating opportunities for connection across every stage of life. Sports leagues have returned to pre pandemic participation levels. I'm grateful to report and Hidden Creek Community Center has expanded camps, enrichment programs, rentals and activities for families throughout the year. Shark is also a vital resource in our community, teaching life-saving skills through swim lessons, promoting health, wellness, and fun. And at the Senior Center, staff continue providing meals, wellness programs, and social opportunities that help older adults remain healthy, connected, and engaged in our community, which I appreciate as I step into that stage of life. We're thankful for the Hillsboro School District and our many community partners whose collaboration helps expand recreation programs in Hillsboro. Next slide, please. Now we step into the arts. The arts continue to flourish in Hillsboro because of strong city investment and outstanding community partnerships. The Walters Cultural Arts Center continues attracting audiences from across the region through acclaimed performances, cultural programming, and free and low-cost family matinees. We provided 291 arts workshops, classes, and camps for 2,146 students of all ages. This year, we expanded our mural program. I hope you've seen some of them. They're beautiful across the community. We've installed new public art and distributed nearly $100,000 in grants supporting local artists and cultural organizations. And our cultural arts district sponsored free programming at M&M Marketplace to celebrate its 25th anniversary, Dia de los Muertos, and more. Next slide, please. Next is nature. Healthy natural spaces are vital for a healthy community. This year, Parks and Recreation staff secured nearly a million dollars in grant funding to continue responding to the emerald ash borer infestation at Jackson Bottom Wetlands Preserve and to advance habitat restoration efforts throughout Hillsboro. Nature education programs like Tiny Tadpoles, World Wetlands Day, Wetlands on Wheels, and the Young Scientist Club continue connecting thousands of community members to nature every year. Next slide, please. This is about our events. Community events continue bringing thousands of people together to celebrate Hillsboro's diverse and welcoming community. Signature events like the Showtime concert series, Picks in the Park, Pride Party, Arenco Fest, and Winter Village continue to create memorable experiences for our community. This year, Winter Village introduced additional programming and free fun to make the event even more accessible. You're hearing this accessibility theme throughout. These events are made possible through strong partnerships with community organizations, volunteers, businesses, sponsors, and dedicated staff.

Next slide, please.

So the Parks and Recreation Commission set new goals in 2025. And tonight we've had a chance to highlight some progress on just a few of those current priorities. One of the things I noted at the beginning and then just a minute ago was that parks and recreation continue to focus on both equity and reducing barriers to access. And we do that through thoughtful facility design, flexible programming, fair pricing, and community-centered practices. The department's new strategic planning efforts are moving forward, so stay tuned for that. This plan will help guide the future of Hillsborough Parks and Recreation by establishing a shared vision, identifying priorities, and shaping investments in the year ahead. And last slide. So I have to end this presentation with a shout out to staff. Behind every park, every program, every community event is an incredible team of nearly 100 full-time employees and more than 350 part-time and seasonal staff. The passion, creativity, and dedication of Parks and Recreation staff make all of this work possible. So on behalf of the Parks and Recreation Commission, Thank you for your continued support of Hillsborough Parks and Recreation and for helping make Hillsborough one of the most livable communities in Oregon. And with that, I turn it back to you for any questions or comments you may have.

Do we have any questions for Vice Chair Lindstrom?

Councillor Sinclair? It's not a question, it's just a thank you.

Absolutely.

Thank you so much for the great presentation.

Thank you. Thank you. Thanks, Sia. Well, hang on. Are there any other questions for Vice Chair? I'd also like to say thank you to you, Sia, and the Parks and Rec Commission, and to you, Kendall, and your entire staff. I love the parks here. I love the events that are put on. I think my favorite part is seeing people smile as they're engaging, whether it's a concert or just kids playing. you know, on the playgrounds, thank you so much. You bring joy to the community of Hillsboro and thanks for all the work you do.

Right on. Thank you.

Our next item on the agenda is considering an appointment to the Transportation Committee. We are appointing Councillor Olivia Allcare to the Transportation Committee for the remainder of her term. Do I have a motion to approve this appointment? So moved, Sinclair. Thank you, do I have a second? Second case. Is there any discussion? I just want to say thanks to Councilor Allcare for stepping in to fill this role because it's been vacated by Councilor Salgado. And thank you for filling out for the rest of the year. Very much appreciate it. May we please have a roll call?

Councilor's Case? Aye. Harris?

Aye.

Sinclair? Aye. All care?

Aye.

Excellent. We do have a majority voting yes, so the motion passes. Thank you again. Moving to public comment. Persons wishing to speak will be recognized at this time. If you are here in person and wish to speak, please fill out a yellow card right over here. They're over on the desk. And staff are collecting them, and they will bring them to the city recorder. So please just give them to the staff that are alongside the table. When you are called on, please use the microphone at the public comment table. The microphone is live when the green light is on. You will need to tap the little purple button at the base of the microphone. We have four persons registered to speak virtually, and the deadline to register has now passed. uh... this is called public comment because it's time dedicated for you members of the public to inform the city council about your views this is not a time for members of the public to address the audience or the general public please direct all comments to the council each person will have up to three minutes and if you exceed the three minutes we'll ask you to stop. And if you refuse to stop your presentation, it will be deemed a disruption of the meeting and you may be asked to leave. If you feel you have to publicly express support for a comment or viewpoint, we ask you to use quiet and non-disruptive methods to do that, such as snapping your fingers, a thumbs up, or jazz hands. Clapping or calling out or making any verbal outbursts not only interferes with people's ability to hear clearly in the room, but it also disrupts the audio for those attending virtually. And those disruptions will not be tolerated. Again, we're trying to keep the space welcoming and inclusive for everyone and accessible. And so to avoid disruption, we ask that all comments be shared respectfully. Tonight, we are pleased to hear from you and we'll begin hearing from Justin Simpson and then we'll go to the folks online.

Mayor, I'm sorry, can you just clarify why there are so many police present at this meeting?

yet to ensure the safety of council and also the people in the audience thank you be given a six minute leeway to be able to have three minutes to talk mr simpson you did uh alert us to your uh limitations and so yes you have six minutes okay okay Thank you for calling ahead to arrange that.

Yes, yes, it's nice to finally meet the ADA coordinator that I've been trying to speak with for six years. So yeah, it was nice. OK. My name is Justin Simpson. I am a survivor of a traumatic brain injury and I am now legally blind. After my accident in 91, I had only the inside right side of my left eye for vision. 2019, about the start of the pandemic, I started losing this. uh... during this time from from about the two thousand twenty one school year up to now um... there's been instances of i've suffered a concussion uh... from a tree branch that had grown over the sidewalk that the city refused to take a responsibility for and then later found out was and your city uh... manager office manager cheryl jensen uh... slid it under the rug uh... it just I mean, when your neurosurgeon tells you the first time you meet him after being in a coma for six months, you come home eight months later, he tells you, you watch out. Any concussion you have could be your final thing. And for the city to not even give a damn, that was just wrong. And now I have asked numerous times since the pandemic if there is a virtual ability to do virtual meeting when I could actually still see so that I could properly give all the information of everything that's happened. Instances that have taken over 10 weeks for something to be fixed when on your own placards, it says that there's a 15 day and then the people who live there are supposed to pay a penalty. If it's not done multiple places, multiple issues that's never been taken. It's never been done. They've always given a leeway to the person who's breaking the rules. I've suffered a concussion on an RV that was parked illegally. You had a police officer who got promoted from sergeant to lieutenant after not doing anything about it. They made him turn it around, and it still jutted out into the sidewalk. And since I asked for the virtual meeting, I was told by the city recorder point blank that there was no virtual meeting. That was a lie. I also gave that information to Gabriel to paying the risk management person that that Cheryl Jensen shifted everything to. His boss, Sue Ling, I believe her name is, and then the lady above her was somebody in HR. I made mention to her that I was told that there was no virtual meeting. And when I told her that, she was silent for like five, ten seconds and didn't correct me. Nobody corrected me when I told them all that I was told there was no virtual meeting. If your staff doesn't know what's going on, um i've suffered like i said numerous concussions from obstructions in the sidewalk things not taken care of and now being lied to intentionally by the city recorder and the other managers that's just wrong how much time do i have left three minutes what's that three minutes mr simpson you have about three minutes okay I said it's been going on for five, six years. And I mean, shoot, across my street by our mailbox, there's a neighbor who lives there has two big rose bushes. They grow out into the sidewalk. It went 10 weeks before somebody actually came out. Jimmy McClure, who's the public works director or manager. came out, saw that it was there, and trimmed it for a few minutes, but then he got called away to an emergency. I had to go over there. I didn't know what was going on. Nobody told me. I went over there, tried to break it up so I could clear it up. I lost the use of one of my fingers on one of my hands for a month because it locked up trying to get in a thorn or something stuck in it. and on Lois and Century, there was a growing over on the sidewalk. It made me, trying to get around it, I fell down, suffered, I fell down on the ground. The jarring of the head with the brain caused a little bit of head injury. I had lacerations all up and down my arm. I had to walk all the way back to a gas station, and the staff came running out. Like, oh, God, your arm's all cut up. I didn't realize anything had happened. It took them 10 weeks to get that cleared. They actually... I was told by somebody who worked underneath Jimmy that they went out there and took pictures of it. They could have cleared it then, but no. Uh... HOW THAT FOLLOWS ADA LAW, I DON'T UNDERSTAND. PLEASE.

THANK YOU. THANK YOU. BUT PLEASE.

PLEASE. OH, MAN. OKAY. I'M SORRY. I'M GOING TO HAVE TO STOP. I CAN'T TALK ANYMORE.

THANK YOU, MR. SIMPSON.

I NEED HELP, PLEASE, TO GET BACK DOWN TO WHERE I CAME IN AND OUT SO THAT I CAN GET HOME. PLEASE.

Travis, do you mind hitting the mute? Thank you. I will now turn to- Am I going to be given a call by somebody if anything's going to be done? Mr. Simpson, we'll have somebody call you. Thank you very much. Turning to the folks online who wish to testify, the first person is Daniel Eisenbice. Daniel, are you there?

I'm here, Mayor.

Okay, you have three minutes.

Thank you. Mayor Pace, Council President Harris, members of council, good evening. For the record, I am Dan Eisenberg, Regional Affairs Manager with the Port of Portland. Thank you for the opportunity to offer comments in support of Resolution 2930, addressing the transition from loaded aviation gas use at Hillsboro Airport. You will also find written testimony in your meeting packet from Steve Nagney, the Port's Director of Airport Operations. The port strongly supports and advocates for the transition from leaded avgas to lead-free avgas to reduce emissions from aviation sources. While only the Federal Aviation Administration has the legal authority to mandate the aircraft operators switch to unleaded avgas or prohibit the sale of leaded fuel, the port knows we have a role to play in the transition. The port has been engaged in the FAA's Eliminate Aviation Gasoline Lead Emissions or EAGLE initiative, which is working to finalize a plan aiming to eliminate the use of leaded avgas by piston engine aircraft in the United States by 2030. In parallel, the port developed its own transition approach in 2025, focused on local implementation to support early adoption and prepare for fleet-wide transition. We recognize and appreciate the strong community interest in this public health and environmental issue. The port is committed to staying actively engaged with the FAA, as well as with our neighbors, to share updates, explain what is within our control, and be transparent about timelines and constraints. We also look forward to sharing broader updates related to Hillsboro Airport with City Council at a future date. Thank you for your consideration.

Thank you. The next person online to speak is Blaine Ackley.

Okay. Can you hear me?

Yes, we can, Blaine.

Okay. Mayor Pace, President Harris, and Councillors. I'm here tonight to testify in favor of the resolution asking the Port of Portland to end the sale of lead-adapted gas at Hillsboro Airport. I am very pleased that the City Council is considering this resolution, and I thank you in advance for voting in favor of it for the good of our children, our residents, and our community, especially those residents who reside within two miles of the airport. I have been an elementary, middle, and high school teacher, school principal, and university professor. From my experience, children who have been affected by environmental factors face an uphill battle in school academics and behavior. One of the most egregious of these factors is lead getting into their bloodstreams and going directly to their brains. There is no safe amount of lead for humans and lead poisoning can affect people's motor ability, their ability to process information, their attention span and their social-emotional control in the prefrontal cortex of the brain. In adults, lead can affect the functioning of our internal organs and our mental processing and behavior. I am pleased to see that the Port and Mr. Steve Nagy of the Port Administration supports this resolution. A group of us have been working with the Port for 16 years to stop selling leaded Avgas with no tangible results to show for our efforts until tonight. The port talks a good game and says that getting rid of lead at HIO is their top priority. But in fact, the port commissioners and administration are working behind their public stances to subvert, deflect, obfuscate, and delay a ban. from the very beginning. For example, in 2014 we were told by Mr. Nagy himself that not to worry because by 2018 there would be an unleaded avgas replacement, but We're still selling the leaded abgas. I'm going to run out of time here very shortly, so you can find the rest of my comments, I am told, on page 474 of your guidance. And I would end by saying that I ask the Council to see this resolution as a first step and set aside time each year to hear a report from the port about their progress or lack thereof, and allow time for public rebuttal. After 16 years experience, we can tell you it is very difficult to receive a truthful, fact-based response from the port. Thank you for your time.

Thank you. Next person on line to speak is E Mazara Myers. Are you there? I can hear me. Yes, we can hear you and you have 3 minutes.

Great Thank you mayors and counselors. Thank you for the opportunity to speak today. My name is Elizabeth. I'm the executive director of the West side economic alliance. I've written, I've submitted written testimony that accompanies this role testimony. As you discuss the future of data center development, I encourage you to think beyond any single project or moment. Our region, and our state, has an opportunity to set a high bar for responsible, community-aligned data center development that others can follow. Across the country, communities are rightly wrestling with questions about energy use, water, environmental impacts, and land use. Those concerns deserve real attention. But the core question for us should not be whether data centers should exist, rather how we create a framework for this development that reflects Oregon's values of stewardship, transparency, and long-term planning. Rather than reacting to this challenging moment with a moratorium, I challenge the city of Hillsborough to use vision and leadership, which can lead clear expectations and best practices to guide responsible development. That means bringing together residents, utilities, environmental advocates, business leaders, and data center operators to shape a shared standard. A collaborative framework could include strong environmental and resource efficiency requirements, meaningful community-centered benefits, transparent accountability measures, and predictable processes that give both residents and industry clarity. The economic value of data centers extends well beyond the facilities themselves. They support skilled trades and local contractors. They strengthen the region's business ecosystem. and they contribute tax revenues that fund essential public services like accessible parks and community-centered arts programs. Importantly, data centers power the systems that modern life depends on, banking, healthcare records, education platforms, remote work, public safety communications. They are now as essential as roads, bridges, and electricity. Oregon has a long tradition of balancing economic opportunity with environmental responsibility. We don't have to choose one or the other. I've said it elsewhere and I will say it here. We can do hard things and we can do more than one hard thing at a time. I encourage this council to reject calls for a moratorium and instead help shape a framework that sets a high standard for a region or state and maybe even further afield. One that welcomes responsible investment, protects community interests, and demonstrates what thoughtful, future-focused development can look like. I'm not sure how many folks you've had in front of you who've been willing to say data centers are part of our modern economy, but I will tell you I'm not alone. Westside Economic Alliance represents hundreds of employers and tens of thousands of regional workers whose jobs rely on a stable digital infrastructure system. Know that we stand ready to engage in the hard conversations ahead and support well thought policy that help build our regional economy for our workers and our communities. Thank you for consideration and thank you for doing this hard work on behalf of the community user.

Your time is up. Thank you very much. The next person. Next person up is Karna sheath. Are you here? Come on up. You have 3 minutes.

Thank you, Mayor Pace. Thank you, Council President Harris, members of the City Council. I appreciate you giving me the time to speak. I'm here to testify in favor of the resolution moving away from leaded fuel at the airport. So I hope that you can understand and And take in all the facts and science behind the ill effects of lead in our air. There's a reason why we don't have lead in our fuel car for our cars anymore. So I hope that you can, as the previous speaker said, make this the first step towards moving us away from this poison. Thank you.

Next person is Andres Perez Leyte. Welcome, just press the button there, and you have three minutes. Hello, okay.

Hello, City Council. This is all considering the previous news about new data center plans that have not been clearly communicated to the public. I almost got lost on the way here. I was here, but I thought I was actually at the invertebrate exhibit due to the utter lack of spines on display here. But luckily, I'm in the right place. You aren't. You guys shouldn't be even remotely close to public office because due to recent events, it's become abundantly clear that you value private interests over public goods. At this point, come on, guys. Let's just own it. Just be the bad guy. Like, be confident in it. Come on, I know you want to. Be true to yourself. As long as your mental health is okay, to hell with Hillsboro. Our local government is assaulting our city with data centers. You didn't ask for consent for data centers. You did not take a repeated and desperate and pleading no as an answer. That is textbook assault. If you're not gonna listen, What do you want us to do? Really, what do you want us to do? Do you want us to just go into the woods and kill ourselves? Oh, wait, the woods are gone because you're tearing them down for more data centers. I am sick. I am sick of being civil and not having that respect come back to me and my community. You think, oh, if I sit up here and shut up and let everyone get their turn, that's civility, but it isn't. Civility is accountability. Listening and doing something for once. I am truly, since this recent news, I am truly impressed with you guys. My expectations were at rock bottom, at bedrock, and you managed to find a shovel and polish it up and go to the dig site and dig and dig and dig and dig deeper into the earth until my expectations have nothing to do except burn in the molten lava that lies underneath. I'm not perfect. None of us are. You aren't perfect. They aren't perfect. Besides my mom. My mom's perfect. But there's a difference between you and the community you lead. All of us, we're all going home after this. We're all maybe watching some TV. We're all going to bed. But the one difference is that we will be somewhat content with the job we've done. Good luck with your political careers.

Next speaker is Terry Kaiser, and on deck is James Schultz. Welcome, Terry. The mic is already on, and when you start speaking, you have three minutes.

Good evening, Mayor Pace and Hillsborough City Councillors. My name is Terry Kaiser, and I was born and raised in Hillsborough. I have worked at Tuality Hospital slash Hillsborough Medical Center, also known as HMC, as a nurse for 46 years. I will be retiring in two weeks. Imagine the devastation I felt upon learning that HMC would be closing the Jerry psychiatric and observation units. 17 RNs and one advanced practice provider will be affected by the Jerry psych unit closure scheduled to take place on September 4th. HMC is one of three acute inpatient psychiatric centers specializing in geriatrics. It has 21 beds. Providence, Milwaukee and Willamette Valley Medical Center in McMinnville are the other two. Both of these units are said to be at capacity most of the times and sometimes have wait lists. Oregon has one of the highest rates of mental health needs in the country and one of the lowest rates of access to mental health care. We also have the nation's 11th oldest population. Elderly Oregonians are already struggling to access appropriate mental health care and are often too fragile to be treated in adult units like Legacy's Unity Center for Behavioral Health. Closing this unit would eliminate nearly half the beds in the state dedicated to caring for elderly patients with acute psychiatric needs and can end up boarding in hospital emergency rooms for days. I spoke with a nurse from the Jerry Psych unit who disputes the hospital's assertion that they were closing because they were having a difficult time recruiting and retaining clinicians. She stated that there were open shifts, but locums who temporarily treat patients at hospitals or clinics were able to step in and fill the void. Patients have been heard asking the nursing staff, where are we supposed to go? Unfortunately, they caught wind of the closure when administration officials came to the unit at shift change to make the announcement. Patients often need more than one hospital stay, and if they are already concerned they won't have a place to go, the outcomes could be devastating. There is a saying that goes, when one nurse is injured, all nurses are injured. These closures will affect all the units in the hospital. We are asking the City Council to join us in condemning these actions. Please contact Hillsborough Medical Center CEO Laurie James Nielsen at 503-681-1111 or laurie.james-nielsen at twality.org. We must hold HMC executives accountable and restore essential health care services to our community. We also have had a petition circulating opposing these closures. And between nursing staff and family and community members, we have over 1,000 signatures. Thank you.

Thank you.

Next up is James Schultz, and on deck is Brianna Ellenberger.

Good evening, Mayor Pace and council members. I'm also here from Hillsborough Medical Center. My name is James Schultz and I'm a nurse at Hillsborough Medical Center. On July 8th, Hillsborough Medical Center announced that it would be closing our observation and geropsychiatric unit. Healthcare workers, patients, and the community were blindsided by this announcement. These closures will have real and lasting consequences for patients and families in Hillsborough and throughout Washington County. The observation unit bridges the gap between outpatient and inpatient care, allowing physicians time to determine whether a patient requires hospital admission or can be safely discharged. Observation units help prevent unnecessary admissions, reduce emergency department overcrowding, and decrease the risk of delayed diagnosis and complications. Patients who would otherwise be treated in the observation will instead occupy inpatient beds. When those beds are unavailable, Emergency department patients wait longer, ambulances are delayed in transferring patients, and ultimately our entire community will feel the impact. I'm also deeply troubled by the lack of transparency surrounding these decisions. Hospital leadership stated that the observation unit is being closed because the hospital was unable to renew a waiver that had been granted during the COVID-19 pandemic. When Oregon Nurse Association requested documentation regarding the waiver and the reasons it was denied, we were told the hospital would need time to locate these records. Less than a week after announcing the closures of these units, the hospital was unable to provide the documentation it cited as a basis for its decision. The hospital decided to close these units without a clear plan for what will replace them and without providing information about available positions for the nurses being displaced. I urge the City Council to stand with patients, healthcare workers, and families by calling on Hillsboro Medical Center leadership to pause these closures, engage openly with community, and explore every possible option to preserve these critical services. Healthcare is not a luxury. It is an essential public service and a cornerstone to a healthy community. And our most valuable residents deserve, vulnerable residents deserve better than to lose access to care without a clear plan in place. The true measure of a community is how it cares for its most valuable members. Tonight, I ask for you to help protect them. Please help us stop these closures before irreversible harm is done. Contact CEO Laurie James Nelson, and you have the information there.

Thank you. Next up is Brianna Ellenberger, and on deck is Leif Eccles. Welcome, you have three minutes.

Hi, my name is Brianna Ellenberger. My family and I live right next to the intersection of Century and East Main. Our community is continuously pushing forward for meaningful change to the stretch of the road between Borwick to 53rd, especially at the intersection of East Main and Century. We received an email from Susie, the traffic and roadway principal engineer, that stated that this intersection is in the top 5% for crashes and that one out of every four drivers are traveling 10 miles per hour over the speed limit. She also stated that we would benefit from additional evaluation and adjustments to this road. We're requesting to look into the idea of adding concrete center medians with vegetation to visually narrow the road for drivers and therefore hopefully reduce speeds. We received a little bit of pushback and I would like to encourage us to look into

that with a little more detail.

An email we received from Tina Bailey, the Assistant Director of Public Works, who oversees all transportation-related issues, stated in her email, median islands are also effective for visual narrowing, and I agree that they can be a great solution for influencing driver speeds. Unfortunately, due to the number of private driveways, any additional islands beyond what is already there will restrict access to those driveways. and roadways by limiting sight distance to safely turn or block the access altogether. I want to encourage City Council to dive a little deeper on this possible solution of reducing speeds in the area. From Northeast 69th Avenue to the start of the intersection at Century and East Main, there are no driveways or roadways at all that would need a certain amount of roadway to make a turn safely. This stretch that I speak of is the exact stretch of the road that someone driving 70 miles per hour ran the red light and killed a 19-year-old boy legally crossing the crosswalk. I encourage you to drive this stretch of road if you haven't already and check this out. Make a turn into Northeast 69th Avenue so you can see for yourself the part of the road that needs to be there for safely turning, but also take a look at the rest of the stretch of road that isn't usable. I appreciate the mobile speed unit that was put up by police, but that was put up for about seven days, and I strongly believe that our city can come together and make a permanent change for road and pedestrian safety in this ever-growing area. If and when the expansion project goes through, we will have even more teens from Century High and families walking and biking through to Arranco Station, and we need to take this very seriously. Thank you.

Thank you. Next up we have Leif Echols, and then on deck is Mr. Brown. Mr. Brown, yes, and then after that is Jana. Leif, you have three minutes. Okay.

Hi, my name is Leif Eccles and I have concerns about the impacts of the Century Boulevard extension project as well. I'm going to focus my testimony today on the impacts to waterways and aquatic life during and after construction. The Tualatin River Basin includes North Rock Creek and Beaverton Creek that runs to Noble Woods. This waterway is home to threatened steelhead and freshwater mussels. This area includes bottomland riparian forest, which is priority habitat in the Oregon conservation strategy. Steelhead and Pacific lamprey rely on shaded riparian forest, particularly during winter flooding events, which is a regular occurrence in Noble Woods. The Willamette Watershed Council strategy for the Tualatin River Basin includes preventing stormwater runoff and maintaining stream canopy cover. These focus areas have been in place since DEQ designated this region as water quality limited due to low dissolved oxygen concentrations, which can be exacerbated by roadway runoff and loss of shade. Construction of this project will require dewatering. There is potential for significant harm to the habitat and water quality in Beaverton Creek. Drying out the riverbed will cause loss of aquatic life and critical habitat for threatened species. Pumping water back into the riverways and wetlands during dewatering can add sediment into waterways, clogging the gills of fish, destroying larvae, and altering water temperature. Additionally, the removal of 267 established trees around the newly constructed road will also increase water temperatures in summer months, increasing the likelihood of toxic algal blooms. The City of Hillsborough set a goal for this project to place the Stormwater Management Facility, or SMF, outside of the floodplain to collect and treat runoff from the newly constructed road. In an FAQ released by the City of Hillsborough in 2021, they said, ideally the SMF would be located outside of the floodplain where the impact to habitat would be minimal. Measurements from the recently released design maps for this project compared to the FEMA floodplain maps show that a portion of the SMF will extend approximately 65 feet into the floodplain. Washington County is legally allowed to damage the wetlands at Noble Woods Park by purchasing mitigation credits. Despite the fact that the Willamette Watershed Council's priorities and the Tualatin River National Wildlife Refuge Comprehensive Conservation Plan have identified the habitat within Noble Woods as critically important for conservation. It's deeply concerning that decades of efforts to restore wetlands and riparian forest habitat will be erased through the construction of this project. I ask that City Council hold a work session to consider the impacts of this project on road safety and wetland habitat ASAP since construction is set to begin next week. I ask that you reassess the location of the SMF in the design plan as it extends into the floodplain. I ask that you request a study to assess the risk of storm water discharge into the wetlands that may not be effectively captured by the SMF. The study would need to validate that the total maximum daily load of discharge into the waterways will not exceed the established limits set by the Clean Water Act. I ask that you work with DEQ to develop a storm water pollution prevention plan. Washington County must demonstrate how they will isolate.

Your time is up. Okay, thank you. Next person is. Next person is Mr. Brown, and after Mr. Brown on deck is Jana. Mr. Brown, I'm going to ask you to not do the chair like that and face the council. Mr. Brown.

All right, the only time our leaders have to. Close. If that didn't count, why did you start the timer? I see it's still going. I turned around. Okay, I turned around. Now start the timer over because you turned off my microphone.

Fine, we'll start the timer over. Please face the council.

The only time these leaders listen to we the people is when they give us three minutes to condense all our thoughts and feelings. It's funny that they never get limited to three minutes and nothing says freedom like a three minute timer, huh? Some of you may remember the police telling me they'd put hands on me if I didn't leave. And really think about it, because they don't want us to use violence, yet they said they'd use it against me for not staying quiet when they tell us lies, such as, we care about immigrants and brown people while doing nothing about ICE agents because they're doing federal work. She only reaches out to communities desperate enough to support her. She, like other politicians, is an opportunist using us minorities to get her numbers, beach pace, because she has admitted that she won't make any effort to push back on the data centers or against the state. If the 17 data centers she passed in secret tell us anything, it's that a rich CEO making $150,000 annually should not be put in charge of making decisions affecting the working class. It's like Malcolm X said, liberals are like foxes. Their hunger is the same as the wolves, but at least the wolf you can see coming. For example, in 2018, she said, Mayor Beach Pay said, sexual harassment is not normal. It's not okay. It's not boys will be boys. It's wrong. 81% of women are sexually harassed. When a woman claims she's molested by a man at almost any time, people strain to believe her. They question her. And yet, when Salgado was disciplined for live streaming... And yet Salgado was disciplined for live streaming, not for sexual harassment, which was what set the whole thing off. You can ask Antonia, the police chief himself refused to take her seriously and the whole city has yet to release any of the footage from the live stream of that day. They've only released the aftermath. But it's not surprising that the police are useless because they're the tools of the ruling class who are all over the Epstein files, writing our laws, but are still in charge of it. Why are we upholding a system that would collapse without the exploitation of people and the earth? If 60% of people are living paycheck to paycheck, that's not a personal failure, that's a systemic failure. In 2005, the Supreme Court ruled the police are not here to protect and serve, they're here to enforce laws. And for those of you who haven't heard, Stephen Miller, Marco Rubio, and Mike Johnson, as you know, have referred to MSPM 7. which states anyone anti-police, anti-immigration laws, anti-ICE, anti-capitalism, adhering to a radical gender identity in favor of mass amnesty or against traditional family values, basically anyone against tools of imperialism, they're domestic terrorists. The police don't question their orders, and I was there at the city council meetings watching people beg and cry for leaders to do something only for them to say, oh, sorry, ICE does federal work and we can't do anything about it. In 2020, the Washington County Sheriff's Office was hacked where a whistleblower used the department site to share a video. of Deputy Ryan Alden with his hands around Auburn Molina's neck after slamming him into a wall, which is why Molina got a 625,000 payout. Think about it, if that hadn't been leaked, we would have never known about it. And in 2021, Cindy Young-Bolek, who worked 20 years in the Hillsborough Police Department reviewing body count footage, was placed on paid leave after sharing her notes outlining her concerns of racism.

Your time is up. Next person is Jana. Jenna, the mic is on. As soon as you start talking, you have three minutes.

Thanks. I'm here to talk about Resolution 2929. For those of you not aware, that is in regards to changes to the Parks Department and also the library and their requirements for people. I take a little bit of, I want you all to take a step back as you consider this this evening at some of the rules. Number four, they want to have personal hygiene or belongings that unduly interfere with the ability of others to use the parks. That's directly opposed to our houseless members. And there's several other things in here that are the same way. You want to pass or the parks wants to pass a rule that you can't wash your hair. Well, if we continue with the price of raising our prices as you talked about across the street, we'll all be over there washing our hair. We won't be able to afford water. You say they can't wash. You say they can't use the bathroom for other instances. I have my notes. Bathing or washing your hair, except for in the locker rooms. creating obstacles with the personal belongings. I've spoken to people at the parks, at work in the parks, and there's a very few people that are affecting the issues in the parks. The majority of the houseless people that hang out in the parks are good citizens that pick up after themselves and take care of things. The most concerning part about this whole thing is that you want to make it the enforcement of the parks and recs people. They're the ones that have to do this. They have to kick people out for not following all of these rules. That's not why they're hired. They're hired to take care of the parks. It's the police's responsibility if there is an issue, address the issue and don't make blanket laws that affect everybody think about the houseless they have nowhere else to go it doesn't hurt for them to use the bathroom to wash their hair if they haven't showered in three months move over and have your picnic somewhere else it's okay we can all use the space together our parks department should not be responsible For monitoring the houseless, that's not their job. And when the police do it, they do it in an inequitable way. I myself was trespassed at Shoe Park for 24 hours. Another white woman who sprayed bear mace in somebody's face was shot.

Thank you. Next person is Theresa Say. Theresa. Teresa Say? Okay, and then on deck is Andrew Barker. Teresa, just press the button in the center of the console. On that screen.

Is it green? Yeah, it's green. Okay. Sorry, allergies. It's okay. Okay, I'm here to talk about the resolution for the aviation fuel. Okay, good evening and thank you for your time. My name is Theresa C and I live in Jones Farm in Hillsboro. I understand that changing policies around aviation fuel is a significant decision, but I ask that we focus on one simple principle. When a safer alternative exists, we should not continue exposing children to a known neurotoxin. Lead exposure is harmful to children, and the most serious impacts are of developing brain. Medical experts have repeatedly concluded that there is no safe blood lead level for a child. The concern about aviation fuel is not hypothetical. The Miranda report identified airports using 100 low lead fuel as a source of lead exposure. And roughly five to six studies have found higher blood lead levels among children who live or attend school near airports where 100 low lead fuel is used. About 15 years ago, we tried to determine whether the same issue existed around Hillsboro Airport. Our David Laborshire consulted directly with Dr. Lynn Miranda about her methods. Oregon officials reviewed bloodlet data, but there was simply not enough records, children, to conduct a valid study. 12 years ago, air monitoring effort with Portland State University was launched, but equipment failures and project setbacks prevented meaningful results. In conclusion, the absence of local proof is not proof of safety. It simply means we're unable to complete the studies we needed. Today, we have an opportunity to act responsibly. With alternatives such as G100UL available, we do not have to choose between aviation and public health. We can support both. I respectfully ask the Port of Portland and the Hillsborough City Council members to lead by transitioning away from 100 low lead fuel and reducing the potential for lead exposure in the children and families who live around Hillsborough Airport. In addition, we should transition flight training away from residential communities for cleaner air and tranquil living. Thank you. Thank you.

Next up is Andrew Barker, and then on deck is Tori Lewis. Andrew, welcome. Is the mic on for you? Great. You have three minutes.

Good evening, Mayor and Councillors. My name is Andrew Barker. I'm a Hillsborough resident. I'm here to talk to you about the tragic death at East Main and Century that a couple other speakers have already talked about. the staff report that's an item eleven point one in today's agenda has a couple errors about this a tragedy it is wrong about causes of crashes it seems to indicate that crashes only have one cause but we know based on our safe systems in level zero approach to traffic safety that there are multiple interlocking causes to crashes so in that staff report says that The crashes that we've seen before are attributed to human error, and that means the design is not responsible. That's false. The human error of high speeds is influenced by the bad design of the road. And in order to make our roads safer, we need to lower speeds. In order to lower speeds, we need to change road design. That is the only way forward for our community to reduce its traffic violence. The other mistake that staff report makes is it's wrong about the safety record of East Main Street. There was a fatal crash on June 14th, 2023 that is not listed on the list of crashes in that staff report. And the fact that they missed a fatal crash indicates to me that probably there are other mistakes in that list of crashes. Moving forward, I would ask you, I know this is a Washington County road, so you have limited ability to what you can do, but your ability to do things is not zero. In particular, Washington County puts a high priority on the Century Boulevard extension. And they can't complete that extension unless they have the cooperation of the city of Hillsborough. So I'm asking you to direct your transportation staff to stop cooperating with Washington County until they have made East Main Street safer. Thank you.

Thank you. Next up is Tory Lewis, and on deck is Dirk Knudsen. Hello, Tori, you have three minutes. Thank you.

Hello, council. My name is Tori Lewis and I'm a resident of Hillsboro. I come tonight knowing this is a difficult time in our city. There has been a string of contentious city council meetings. I wanted to share a few words about things not related to the hot topics of the day. I'm a follower of Jesus Christ and aim to live by his word, the Bible. I certainly do not do so perfectly. In short, God has placed you in high positions, and it is Christians that are encouraged to pray for you from the Bible. I and many others are praying for you. These specific verses encourage me to be praying for you. A church leader named Paul, around 65 AD, is writing to another pastor named Timothy and remarks about the importance of praying for all those in authority. This is in 1 Timothy, the book of 1 Timothy, chapter 2, verses 1 through 6. It says, that this is good and it is pleasing in the sight of God our Savior, who desires all people to be saved and to come to the knowledge of the truth. For there is one God and there is one mediator between God and men, the man Jesus Christ, who gave himself as a ransom for all, which is the testimony given at the proper time." These verses say that Christians are to pray for all people, kings in a special interest tonight, all those in high positions. Each of you as city councilors are those in high position. The purpose is that we may lead a peaceful and quiet life, godly and dignified in every way. I pray for each of you every day. Mayor Pace, Councilor President Harris, Councilor Elker, Councilor Case, Councilor Sinclair, Councilor Anvery, and Councilor Segato. Thank you for all you do, and I am honored to be praying for our city council and invite other Christians to join with me as I pray. Dear Heavenly Father, I want to lift up each of the members of City Council. We pray that you may give them wisdom in decision-making, safety in their lives, and blessings on them and their families. We pray this in Jesus' name. Amen. Thank you.

Next speaker is Dirk Knudsen. And on deck is Kylie Delgado.

Good evening. Thank you for all the work you are doing and that you have ahead of you regarding data centers, data storage. I'm grateful to have staff bringing that forward and having you all work on that. I have been trying very hard to get actual numbers on tax abatement and enterprise zone. And I did not hear that that's going to be in this work you're doing. I hope the promise of working on that enterprise zone is going to come through in that work. That's what we were told. Looking at QTS, five buildings. They should have paid $20,180,000 last year. They paid $599,000. Staff showed that in one of the work sessions. Now, Hillsboro should have, if we didn't have Enterprise, Hillsboro would have made $6,265,580 to the general fund. Because we have enterprise and because we have the community service fee, Hillsboro actually brought in 6.818 million. Hillsboro brought in a premium because we have enterprise and have the community service fee of 552,000. I'm concerned that those numbers put staff in some sort of conflict where it makes it difficult for them to want to to go away from that. Now I know it goes to workforce the first three years, and we still don't know what's gonna happen with the 55 million, right? In the year four and five, that money goes to economic development, which we love in this town. But while we made more in 2025, that number was for 2025, Hillsborough School District went without 7.2 million. Washington County went without 2.9 million and a lot of other districts like Tualatin Valley Fire and Rescue and Tualatin Valley Soils and PCC went without 3 million. So that 20 million that disappeared did not take money away from Hillsboro because we made more. And we make more in my suppositions and my numbers in every single enterprise agreement. Now I have tried for five months to get meaningful numbers, and you need to get these numbers. Somebody needs to be accountable for how much is the total. Is it 140 million a year that we're going without because we have enterprise? Because next year you all have to draft a new enterprise zone. Or we won't have one by the end of 2007. So we really need those numbers. How are you going to have policy without numbers? I have ten email chains between the staff here in Washington County. They're all kicking the ball back and forth. And unless I pay thousands of dollars, I can't get historical numbers. So I'd like to have those. And then as you move ahead on your very important work on data centers, I hope to God that our climate and sustainability work and our goals and initiatives finds its way into the code somehow. Because none of that is coming through in what's happening here in Hillsboro. And I do want to pray for all the people at Intel across the United States and across the world because 40,000 more people are losing their jobs at our biggest success story, hopefully not locally. So thank you, I know you have a lot of work ahead of you, and Godspeed.

Next up is Kyla Delgado, and on deck is Jacob Roloff.

This week we learned that the Law Enforcement Council of Washington County adopted a new policy regarding retail theft. Until now, misdemeanor theft was handled via citation and a court date. This allows the person accused of theft to schedule a day off from work, arrange safe childcare for their children, and brief themselves and their lawyers on their charges. This, along with restitution for the stolen items, is the appropriate consequence for a nonviolent crime. With the policy change of arrest first, assess the damage later, we are further disenfranchising individuals who are already struggling to such an extent that they resort to theft in the first place. Now, when a person is accused of misdemeanor theft, which includes theft of goods less than $100, they are immediately arrested and booked into county jail. Some may spend multiple days waiting in a cell before they are released for a later court date. While they sit in jail, the foundations of their lives are liable to crumble. They might lose their job. They may lose access to ongoing medical care and treatment. Their children may be placed in DHS custody. And forcing folks to suffer in county jail is not free. It costs taxpayers an estimated $2,000 to put a community member through an arrest and booking process. It cost taxpayers an additional $173 per day that they remain in custody. All this for theft of merchandise valued at less than $100 from mega retailers like Target and Fred Meyer that experience no actual profit loss once their insurance covers what was stolen. Let us also acknowledge the fact that the Oregon Criminal Justice Commission audited 12 police agencies across the state and found that Hillsborough Police Department had the highest level of racial bias by a mile. In Hillsborough, if you are Hispanic or black, you are two and a half times more likely to be cited or arrested for a crime than a white person suspected of the exact same crime. In a city where we saw over 500 kidnappings by ICE agents working in tandem with the most racist police bureau in the state, do you really believe this new policy has nothing to do with holding our Hispanic neighbors in a cell and handing them off for deportation? What if instead of spending $2,000 plus of taxpayer money to provide merchandise security for billion dollar companies, we instead use that money to invest in those who are struggling in our community. Issue a citation, let the accused have their day in court, and provide them with follow up care and access to resources that will allow them a secure financial footing and more effectively reduce property crime in the future. Punitive arrest and jail time for misdemeanor theft is a cruel and frankly lazy and unstudied attempt at creating true public safety. Putting non-violent people in jail creates career criminals. Countless studies have shown this. And ignoring decades of research on carcerality does not mean we have a county that is tough on crime. It means we have a county run by idiots who can't or won't do the math. Is it your job as counselors to set police policy? No, but it is your job to ask where the money is coming from and where it is going. Mayor.

Your time is up. Next person. Next person up. Ms. Delgado, your time is up. Next person is Jacob Roloff. Next person is Jacob Roloff, and on deck is Mickey and David Barnes. Mr. Roloff, you have three minutes.

Good evening, Councillors. Before I begin, it feels prudent to point out that Mayor Pace is on the board of directors of the Westside Economic Alliance, whose member publicly commented as one of the few in many months in support of data center development out of hundreds against it. Anyway, the June 9th work session notes say that council directed staff to return with proposed moratorium procedures. And I looked at the slides for the work session happening later tonight, didn't see mention of it as an individual item. I did see mention of it tucked away in resolution 2931, which says that the city is waiting until the other amendments to code are passed in order to continue with moratorium recommendation options, which just seems super backwards. The time frame for the tinkering code amendments that the construction moratorium research apparently requires, extend into mid-2027 or later. And meanwhile, tonight's city manager report lists two new data centers in the last month, one of which neighbors Liberty High School. While we wait for action, we see some people and alliances of people, including our mayor, new packs and so forth try to say that never ending development of data centers is necessary for survival or for everyday life and emergency services to keep functioning. I'm sure all of you on council and everyone in the audience even remembers life before data centers or at least before their current proliferation and also before yearly wildfires in the air. Neither are inevitable but the result of policy choices and lack of political will to challenge the status quo when there's an emergency looming. The promise from those who own the data centers that their product will deliver us from dangers faster than they create them is ludicrous, and believing those promises is just stupid. If there's a data center or a number of data centers that are critical for survival and civilized life, they should operate as a not-for-profit public service, have the majority of their profit taxed by the communities in which they operate, or be owned publicly outright. The cost of their effects needs to be actively agreed on publicly and You use the cloud, you use social media based on return of measurable beneficial services and not economic projections that may not survive the next investment bubble. These data centers and the decisions about them seem to be made in the barren cold of economic logic as the warming communities across the state and country demand for it to stop. It's just extremely myopic and very foolish to depend on these promises from the owners of this industry. Instead of investing into deeper resiliency of an actually existing community now surrounded by wildfire smoke. We need a moratorium on construction right now so the public can engage in the review process without learning of more sites at every meeting with no recourse until Q4, 2027. The emergency in the eyes of people who live here is right now. So we need to stop the deference to companies that destroy our world for profit and lobby our local leaders to do nothing. Thank you.

Next up is Mickey Barnes, Mickey and David. And on deck is Danielle Siver. Can we get another chair for them? Is there one available? We'll take turns.

Okay.

This is too sequential of a testimony. I see, okay. That's fine, we don't need another chair, thank you. Okay, so David, you have three minutes.

I'm David Barnes, I live in Banks. Mayor Pace, President Harris, members of the council, thank you for this opportunity to present testimony. For more than 15 years, Oregon Aviation Watch has advocated for a ban on leaded aviation fuel. Because the serious danger posed by this neurotoxin to human health and the environment. OAW was proud to sign on as a petitioner in an Earth Justice organized effort urging the Environmental Protection Agency to issue an endangerment finding on leaded aviation fuel. OAW board members during these years included Jim Lubisher, Blaine Ackley, Theresa Say, and Patrick Conry. The final determination was released in October of 2023. In the words of then EPA Administrator Michael Regan, the science is clear, exposure to lead can cause irreversible and lifelong health effects in children. In adults, lead poisoning is linked with a higher incidence of strokes, kidney disease, miscarriages, reproductive problems in both men and women, and increased violence. Dr. Bruce Lanphier and his colleagues have found that lead is linked to 400,000 adult deaths in the US each year from cardiovascular disease and other causes. Thus, it is with gratitude that we come before you today to express our appreciation for considering resolution number 2930, urging the Port of Portland and Federal Aviation Administration to transition to unleaded aviation fuel at the Hillsboro Airport. Out of 20,000 airports nationwide, HIO ranks eighth in lead emissions. It is the largest facility source of airborne lead pollution in Oregon. Multiple environmental and health organizations, including the EPA, Centers for Disease Control, World Health Organization, American Academy of Pediatrics, and other medical associations agree there is no safe level of lead in a child's blood. Yet despite well documented evidence attesting to the potentially irreversible damage caused by this toxin, the FAA and the Port of Portland, continue to promote policies that contribute to the release of three-quarters of a ton of lead into the air by users of HIO every single year. In fact, in their transition plan to unleaded aviation gasoline, rather than advocating for expedited elimination of leaded avgas, the FAA promoted a market-driven approach, one that would allow airports to continue releasing this toxin indefinitely. I want to concur with Blaine Ackley's testimony that in addition to approving this resolution, you should follow up and make sure that the port and the FAA aren't just sitting on their hands waiting to be asked for the unleaded gas. Alternatives exist and the port should be encouraging its FBOs to offer that at HIO now.

Mickey Barnes is next, and on deck is Danielle Siver.

Mayor Pace, President Harris, members of the council, thank you for this opportunity to speak. I also want to extend my thanks to Robin Strawn from the Sustainability Department and Ariel Nelson from Government Affairs. They've been very gracious and very helpful in putting this resolution together and I sincerely appreciate that. So I want to say there are now five studies involving over a million children and more than 500 airports. All provide compelling evidence that children living in the vicinity of airports that service piston engine aircraft are at a heightened risk of elevated blood lead levels. One such study was done at Reed-Hillview Airport in 2021 in California, Santa Clara County. This study, well, Reed-Hillview is 34th in the nation in lead emissions, Hillsborough is 8th. That's according to the EPA. In this study, what they found was quote, under periods of high piston engine aircraft traffic, Children proximate to Reed Hillview Airport experience an increase in blood lead levels in excess of what the children of Flint experienced during the Flint water crisis. As pointed out in a Santa Clara County press release, quote, lead levels during peak airport hours were double, double the levels seen during the height of the Flint water crisis in Michigan, unquote. In the words of Dr. Sami Zahran, the lead researcher on this study, quote, the Flint water crisis from start to finish unfolded in less than a year, a year and a half. By contrast, at Reed-Hillview, the release of lead into the lived environment is a continuous, nonstop, daily, unabated flow of an undeniably harmful toxicant. I remind you that we are talking about more than 1,000 pounds of lead released annually on nearby populations, unquote. At Hillsborough, we're talking more like 1,500 pounds a year. It's significantly more than at Retail View. As a reminder, the Flint water crisis was declared both a statewide and national emergency. This stands in stark contrast to the business as usual stance towards lead poisoning at HIO and other GA airports. Following the release of the Reed-Hillview study, in an effort to protect residents, the Santa Clara County Board of Supervisors unanimously voted to ban leaded aviation fuel at Reed-Hillview. Beginning in January of 2022, Reed-Hillview now offers two unleaded alternatives.

Your time is up. Next up is Danielle Siver. And on deck is Jim Lubasher. Danielle, you have three minutes.

Good evening, Mayor Pace, Council President Harris, Councillors. I'm here today as a longtime Washington County resident, a local employee, and a gig worker. I rent my home and I'm a mom. Last year, my son was the victim and a witness of a violent crime in Multnomah County. It took police and ambulance 30 minutes to arrive, and by the time they did, my son's best friend, a Hillsborough resident, had died. The toll that has taken on our families has been indescribable. I hate sharing this story, but these stories are now the norm across Portland. I believe that this murder could have been prevented with a regional belief in rebuilding the silicon forest and the bioscience network. Unfortunately, these efforts are met with much opposition. It's going to take regional courage and investments in business development to ensure that we have a tax base that protects our social safety net and our public services, like Hillsborough's amazing parks and libraries and the criminal justice system. As the financial engine of Oregon for decades, Hillsborough Council has a unique opportunity to consider economic development tools and opportunities that other parts of the state will never have. Council can ensure that businesses will have well-trained and well-paid employees and guarantee other community benefits. We've been doing that for 50 years. Whether it's Multnomah County, Clackamas County, Washington County, Hillsborough, or Beaverton, the people of Greater Portland will continue to suffer without this commitment to economic development. I hope instead of no to development projects, Council can dig into how we rethink revenue generation. Please consider how to build an economy that will support our residents and how to have conversations that balance growth and our Oregon values. Thank you for your daily work and for the time tonight.

Next speaker is Jim Lubisher and on deck is Jody.

Let's see.

Jim, you have three minutes. Good evening. Yes, I'm Jim Lubescher, and I want to first... Mr. Lubescher, be sure to have the mic near your mouth so we can all hear you. Okay.

Thank you very much. Thank you for... First, thank you for your interest, first, in ending the use of leaded fuel at HIO. There is good news. There is a FAA-approved lead-free fuel that could be sent to HIO within a month or so And that can be used for all fixed-wing aircraft. And that all fixed-wing aircraft makes up 97% of all aircraft, not counting jets, of course. But we need your help. Why can't we get the port to bring G100UL, the unleaded fuel, to the Hillsborough Airport, HIO? My submission addresses this, and I'm not going to go through all of this, of course, but it's there for your perusal. First, the first item is Lycoming. All of the items here, except for the very last one, are taken from the port's comments. And they give a reason that they can't bring another fuel here. The first one has to do with Lycoming engines threat that they can't honor their engine warranties if G100UL is used. And that's not true. And you can read about that. The next, I think there's seven or eight of them, are kind of self-explanatory, but these are all items that were taken from the ports transition, not book, but it's just five or eight pages on their website. These were all taken from there. The reason is they can't do this. All of them are missing a few things, and they're all not correct. The very last thing has to do with a mistake the FAA has made, and we're looking into that now. Again, thank you for, I'm glad you are interested, and you're doing a resolution. If you wanted to amend that, that would be great in some ways, but I think it's fine. But I'd be glad to, if you wanted, I could come back and talk with you, and certainly Mickey and the others that have talked. We do have some contact, a lot of contact with the inventor, of the unleaded fuel. And he would have been here, well not here tonight, but he was thinking of listening. He might be listening. But he's in Oshkosh at one of the big aircraft get togethers. And he's quite something, and he developed this fuel over 12 years ago, and he's been using it in his plane for those last 12 years. And I think it's a good deal, and we just, we can work together and we can do it. Thank you.

Next up is Jody, and on deck. Next up is Jody, and on deck is Sarah D.

Hi, so nice to be here again.

Go ahead, sorry, I was just going to say you have three minutes.

To be here again and bring up petty grievances. You don't want us to applaud, and yet you do when other people are speaking. Maybe they're the ones you like well enough to applaud for, but I don't see the happy hands when you're up there applauding. You've told me before, Pace, that I can applaud. But I chose not to, and I brought castanets instead. I'm sure my applauding was much worse than the castanets. If you want to listen to some of the videos, applauding does not prevent you from hearing what's being said. I think you just don't like hearing that people agree with certain people. As far as needing extra security to protect you, for Christ's sake, we don't need you with more protection. We need you with more action. Thanks for bringing the police in. I'm not going to complain about police other than there are places they could be used. Positively, at Chute Park, at Pride, crap was going on and people were standing there, cops, from a variety of locations, Washington County, Hillsboro, whatever, and not doing anything when a lady was spraying mace at a kid or other adults. Why are they there if they're not doing anything? And we have security here. Why do we need police officers too? Are you that afraid of us? Are you that afraid of us who have been coming here and trying to talk to you and getting no response in return? Just the little sad face thing. And I'm tired of it. No one's going to rush you. And if they do, we'd even protect you because we're that kind of people. no one is out to get you beach we may try to get you out of office but we're not coming out you personally or case either who is so afraid to look at us unless we're saying something that you approve of i want to know too why the money that we need for transportation that you talked about, we didn't get to talk, and the work session, why couldn't they use some of the money from, let's say, the data center taxes that we don't get? Look, I'm done, bye.

Next up is Sarah Dee, and then on deck is Pam Code.

Okay, I believe this is green, so I'm good to go. I don't have anything written. I am just gonna speak off the cuff. I came here, not sure if I was gonna speak, and then we got this, and then I decided, well, I kind of need to. It's apropos that I'm following after Jodi because maybe I have some answers to her questions of why do we have all of these things. I'm gonna recognize that it's probably pretty uncomfortable to be up there and to hear people speaking to you about things that maybe make you have feelings that they have strong feelings about that they are unhappy about. But that is your job. And our job is to be on this side and to speak those concerns, to tell you what we're concerned about, to tell the things that we want or we don't want in our community, and to stand up for ourselves and our community. And so I am really proud of everybody who comes up here because I am seeing how difficult and nerve-wracking this is. It's very uncomfortable to sit here and to speak your mind. But we need that. I feel like this... document and all of the presence that was pointed out tonight of more security, it feels like that intention is to chill public participation. And to be fair, when I read this, I felt chilled. I felt like maybe I shouldn't go up. What if I do it the wrong way and I get in trouble in some way? That's why I should be doing this, right? That's why I should be here and speaking up and speaking my mind because if we don't do this, you're just making decisions with no input, with no idea of what the community actually wants. And that's what we don't want, right? We want to be heard. You are a part of our community too, but you have the power that we don't have. Our power is right here, sitting here and saying, this is what we like, this is what we don't like. We have strong feelings about this. And sometimes that message isn't sent in the way that you would like. but that doesn't mean you get to police how we give that message. So that makes me really uncomfortable that we came in and automatically were like, hey, you can say things, but you have to say things in a really specific way and the way that we want to hear it. And so I encourage everybody to continue to come to each meeting and listen. And when you feel so called, speak up, say something, say what you feel strongly about. I will say that I've heard about a lot of things in this room that I did not hear in other places like lead in our community and data center stuff and about the Century Boulevard extension and the concerns that are around safety and the environmental concerns. So thank you everybody who has come here.

Next up is Pam Code, and then on deck is Lindsay A. Hi Pam, as soon as you hit the button you have three minutes, or when you start speaking you have three minutes.

So I'm here to speak about the century Boulevard extension project again I would like to thank members of City Council who have requested info on the CB EP following the tragedy at the intersection I did see the staff report and I also think I do think principal engineer Susie Sarah's For that memorandum and the safety information it entails So I just want to draw attention to some things and also share a little bit about my background that makes me so convicted about this issue. To set the stage a little bit, the TSAP, my apologies for not noting what the acronym stands for, the Transportation Safety Plan. It employs the four E's, engineering, enforcement, education, and emergency response. Something that's interesting is that The day that I was sent this link, I opened it up real fast and scanned through the page and found the four E's immediately. And my head wanted to explode a little bit because it did include the word environment, which would be a fifth E. And the reason that my attention was drawn to that and that it meant so much to me that that word was excluded is that I hold a master's of science and a master's of arts in clinical psychology and I am a behaviorist by orientation. So a lot of that, you know, a lot of the thinking that comes with having been educated and that kind of profession and background is we come to understand the importance of environmental cues on the way that people behave, and that would include drivers. And so I'm speaking today a little bit about how we can build environmental cues into the environment at the dangerous intersection and Main Street, ideally. I know the memorandum clarifies that that is not under Hillsborough jurisdiction. I just wanted to... in line with this, highlight what Brianna said about concrete islands with vegetation and the visual narrowing and the limiting of sight distance that that would implement on that road. If the project goes through, I liked that she added that. I would mention adding metal bollards and also complementing those things with paint. So there are ways to implement simple and straightforward design changes. Now is really the time for that. It doesn't really make sense to proceed with the construction of an already dangerous intersection without reassessing the safety and how we can elevate that. I would also like to call for a work session or echo it if it has been called for already so that we can learn more. And leaders who feel inclined to ask questions publicly can do so, as well as aid and advocacy from our staff and electeds. Thank you.

Next up is Tracy Schultz. Sorry about that. It's actually Lindsay. Lindsay A. is up next. I'm sorry, Tracy. Thank you. Thank you, Councillor Case. And Lindsay, I apologize.

Oh, that's fine.

All right. So, Lindsay, you're up. Good job. And Tracy, you're on deck. Okay. Sorry about that. All right. Lindsay, go ahead, you have three minutes.

I'm here today to talk about tactical urbanism in relation to East Main and Century Boulevard. Tactical urbanism is low cost temporary changes to streets to test and demonstrate and problem solve long term ideas. One example is in Chattanooga, Tennessee, they implemented traffic calming measures for safe pathways to school, and they used privately raised funds and volunteer labor. All they needed was city approval to create these natural traffic calming measures. using paint. They painted bulb-outs, which are curb extensions that are used to narrow the street and shorten pedestrian crossings. So at each of the curves they had painted in vibrant colors bulb-outs that visually narrow the streets. And then they also painted the crosswalks in a contrasting vibrant color. So the crosswalks were painted vibrantly green and the bull bouts were painted vibrantly blue, which is visually narrowing the roadway, which naturally slows people down and improves crosswalk visibility. And ultimately, when you're driving, if something feels off or feels different, drivers slow down and increase attention and awareness, which leads to safer intersections. Ultimately, tactical urbanism like this example would be quick and temporary fix. They painted these intersections in one day. So we're not waiting for red tape. We're instantly being able to do things like they implemented. After collecting data and seeing how these bulb outs and crosswalks affect the community and how drivers interact with it, then we can start implementing more concrete and steel, the things that take years to fund and approve and construction and all of that. It seems like immediacy is what is needed in a super dangerous intersection. Yeah, so it could be painted in one day. And ultimately, your safety measures, if they worked, the intersection would be safe. And it's very clearly not. So systems and infrastructure dictate driver behavior. We cannot rely on drivers doing the right thing or going the right speed limit or not wanting a ticket. that is what we already have there are better things that other cities are doing that promote change and are safer for walkers not just drivers so we can and we must do more and ultimately we have everything to lose there are three elementary schools within less than two miles of that which in order to receive the grants which oregon doesn't have available right now But starting in the next year, it's possible to get it. But for those grants, specifically for the Safe Pathway to School, you have to have a school within a two mile radius. We have three elementary schools. Thank you.

Okay, Tracy, now you're up. Thanks for your patience. No problem. Your mic is already on, and when you start speaking, you have three minutes.

There's a topic that I haven't heard discussed, and I thought it would be good to bring it up. Excuse me, allergies. This past weekend, I was doing makeup on a client. She was visiting from Korea. We talked about data centers. I wanted to know what was happening in her country. And she said that they have them, but it's not that big of a deal, although she lost her job to AI She went to school here, got her degree, went back home, went to work, lost her job because of outsourcing to AI. So now she works as a hairdresser. So it got me thinking about the stuff I've seen in the news. This week, Hyundai employees strike over humanoid workers. An airport in Japan has humanoid workers working in the baggage terminal, and they have plans to extend that to other jobs. There's a market in San Francisco that's completely managed by a chat bot called Luna. Luna oversees the daily business operations, such as product selection and hiring. Customers communicate directly with Luna via their phones, and they make purchases. The fully autonomous AI-powered restaurant called Cali Express is in Pasadena. So we're seeing this over and over. Jobs are being taken by AI. Disney is secretly testing out humanoid robots in high traffic area dressed up like visitors. There's teachers now being replaced in upstate New York. They're testing out a humanoid robot to replace classified workers. That's huge. We're going to lose employment taxes. We need to come up with a plan to protect our community. And not only that, but to protect them from losing their jobs. So that's what I wanted to bring up.

Thank you. Moving to the consent agenda, the items on the consent agenda are normally considered in a single motion. Any item may be removed for separate consideration upon request. by any member of council. Is there a request to move any items for separate consideration?

Yes. Okay.

And what is that?

Mayor, I'd like to remove agenda item 4.3. I'd like to request that agenda item 4.3, the home consortium agreement, be pulled from the consent agenda so the council can consider adding the following condition. And would you like me to go over this now? Yes, please. For discussion.

Yep.

Any affordable housing project governed by this agreement that involves the transfer development of city-owned land must receive a final City Council vote before any binding contracts are executed with developers because recent state legislation SB 974 and HB 4037 shifted housing permits to staff level approvals requiring Council approval on final financial contracts guarantees the Council has the opportunity to evaluate deeply affordable housing projects that support 30% AMI units before transferring ownership of public land.

Okay. When a counselor wants to pull something out of the consent agenda, they're allowed to do so. Is that correct, Chad? That's correct, Mayor. Under your council rules, any member can pull something off the consent agenda and it goes to new business. Okay, so we'll move it to new business? Correct. Sounds good. We will do that. All right, so the remainder. The remainder of items on the consent agenda are item 4.1, the minutes, item 4.2, the three-year enterprise agreement, and I believe that's it. Is that correct? Just those two items? Correct. Okay, do we have a motion to approve the amended consent agenda? So moved case. Thank you. Do we have a second?

Second, Harris.

Is there any discussion? May we please have a roll call?

Councillors Harris?

Aye.

Sinclair? Aye. Case? Aye. All care? Aye.

Okay, we have a majority of voting yes, so the motion passes. And again, item 4.3 will be put under new business. Moving to item 8.1, which is new business. Consider Transportation Committee's recommendation to adopt A resolution concurring with Washington County's resolution and order number 26-41 regarding vacation number 583, resolution number 2928 is available. Do I have a motion to adopt resolution number 2928? There are some moves. Second case. Thank you, is there any discussion? May I please have a roll call?

Councillors, I'll care. Aye. Case? Aye. Sinclair? Aye. Harris?

Aye. We have a majority, so resolution number 2928 is adopted. And moving to item 8.2, consider finance committee's recommendation to approve a three year agreement with Hillsborough Downtown Partnership for an amount not to exceed $360,000. Before I ask for a motion, we'll be hearing from Carla Antonini and Harrison Butler. Carla? Sounds good. Okay, so I invited two and I got four.

Yeah.

So when we speak, please introduce yourself for the record.

Yep. All right. Good evening, Mayor Pace and City Council, Carly Antonini with Economic Development. And as you can see beside me, I have brought representatives from the Hillsborough Downtown Partnership and they will introduce themselves.

Hi, my name is Harrison Butler. I'm the Executive Director of the Hillsborough Downtown Partnership.

My name is Humberto Munay. I am the outreach coordinator for the Hillsborough Downtown Partnership.

And I'm Darryl Lamaco, president of the Hillsborough Downtown Partnership. Thank you.

Great, thanks. So Council received a packet, which includes a staff report dated July 21st, a partnership agreement describing the contract details for the HDP funding, the HDP's three-year operating budget by program area, and HDP's annual report for fiscal year 25 to 26. The requested action before you is for City Council approval of a three-year agreement with the Hillsborough Downtown Partnership for an amount not to exceed $360,000. This agreement will be structured as follows. For fiscal year 26 to 27, it would be for $100,000. And then in fiscal year 2027 to 2028, it would be $100,000 with opportunity for matching funds up to $20,000. And then again in fiscal year 2028 to 2029, it would begin... it would be again a $100,000 contract with potential matching funds up to $40,000. The city's supplemental contribution in years two and three will be limited to a dollar-for-dollar match of eligible outside funds raised by HDP during the applicable contract year. If HDP receives grants, sponsorships, donations, and our fundraising, then the matching funds will come into play. I would now like to turn it over to the Hillsborough Downtown Partnership to go through the presentation so they can show you the work that they've accomplished this year. Thank you.

Thank you, Carla. And good evening, Mayor Pace, President Harris, Councillors. My name is Harrison Butler, again, and I serve as the Executive Director of the Hillsborough Downtown Partnership, and I thank you for the opportunity to be here this evening. And I want to thank Humberto and Daryl for being with us as well. Together we'd like to share how last year's investment has strengthened downtown Hillsboro, how we've responded to the priorities identified by this council, and why we believe this partnership continues to create value for our community. Downtown Hillsboro is more than a collection of buildings and businesses. It's the historic heart of our community, a place where people gather, Entrepreneurs invest, neighbors connect, and community happens. Every day, HDP works alongside the city, downtown businesses, volunteers, and community partners to help cultivate vitality. Tonight, we'd like to show you how your investment has translated into measurable results throughout downtown Hillsboro. Next slide, please. Before you tonight is a Finance Committee recommendation for approval of a three-year urban renewal agreement beginning with a $100,000 investment this fiscal year. This agreement supports eligible renewal activities including downtown beautification, business support, business recruitment and retention, bilingual outreach along Avenida Diaz, placemaking and volunteer stewardship. Downtown revitalization is a long-term investment, not a one-year project. A three-year partnership provides the stability needed to retain skilled staff, build lasting relationships with businesses, pursue grants and private investment, and deliver consistent results for the downtown community. The recommended three-year structure provides stability while also encouraging HDP to continue growing private investment through sponsorships, grants, and matching funds. Next slide. Last year's urban renewal investment became the foundation of a downtown revitalization program valued at more than $340,000, which is about our budget size. Through earned contracts, rental revenue, volunteer service, sponsorships, community partnerships, HDP leverages every public dollar to create a significantly larger impact than any single funding source could accomplish alone. The collaborative approach allows us to provide consistent support for businesses, public spaces, and the downtown community. Behind every statistic on this slide is work happening every day. During the past fiscal year, HDP provided nearly 2,430 hours of beautification services, removed more than 71 tons of debris, recovered shopping carts, safely removed hazardous materials, and maintained the public space that make downtown welcoming for businesses, residents, and visitors. These are the everyday services that protect the city's investment while creating an environment where businesses can succeed. Next slide, please. Last year, the Council expressed a desire to see stronger engagement along Avenida Diaz. We listened. Thanks to your investment, HDP hired its first bilingual outreach coordinator, Humberto, dedicated to serving businesses throughout that corridor. And rather than hearing about the work from me, I'd like to invite Humberto to briefly share his experience working directly with our business community.

Good evening. Good evening, everybody. Since joining Hisborough Downtown Partnership in March, I've focused on building relationships with businesses throughout Avenida 10. We've established ongoing relationships with approximately 35 businesses. And many of those relations include multiple visits because our goal isn't simply making contact. It's building trust through consistent engagement with the businesses. Every business has different needs. Sometimes it's connecting owners with city resources. Sometimes it's helping promote their businesses. Or sometimes it's simply listening and being a consistent point of contact. Those relations are straining the communication and helping ensure businesses know they have a partner invested in their success in our Hillsborough-Dunton partnership. One of the most rewarding parts of my work has been building these relationships with the businesses along Avenida Diaz. This isn't about helping one community separate from another. It's been bringing our downtown community together in the same place. Trust isn't built in a single visit. It takes time, listening, and showing up consistently. Our goal is to help every business owner feel connected, supported, and part of the larger downtown Hillsborough community. When businesses across cultures know one another, share opportunities, and succeed together, our entire downtown becomes in that way stronger.

Thank you. Thank you, Humberto. Next slide, please. HDP's greatest strength isn't any one project. It's our ability to bring people together. Businesses, volunteers, nonprofit organizations, community partners, and city staff all play an important role in downtown successes. I'd like to now invite our board president, Darrell Lomaco, to share why the board believes the partnership is so important.

Thank you, Harrison. I've had the privilege of serving this community in different capacities, including as a member of the city council and now as president of the Hillsborough Downtown Partnership. What I've learned throughout these years is that strong downtowns don't just happen by accident. They require organizations that can bring together public investment, private partnerships, volunteers, and community leadership. Over the past year, I've watched our staff respond thoughtfully to the priorities identified by the council while continuing to strengthen relationships with businesses and community partners. From the board's perspective, we're proud of the stewardship demonstrated over the past year, and we remain committed to ensuring that every public dollar entrusted to HDP is used responsibly and transparently in service to downtown Hillsboro. Thank you for your continued partnership.

Thank you, Daryl. Next slide, please. Now, HDP operates several distinct programs under separate funding sources. Each has a specific purpose, defined scope, and reporting requirements. Together, they allow us to provide a coordinated approach to downtown beautification, business support, and community revitalization. This work isn't measured in a single event or a single project or one funding source. It's measured in stronger businesses, cleaner streets, meaningful partnerships, and a community that continues to grow stronger over time. We're proud of what we've accomplished together over the past year, and we're grateful for the opportunity to continue building on that momentum. On behalf of our board, our staff, our volunteers, and the businesses we serve, thank you for your continued partnership and your consideration this evening.

We'd be happy to answer any questions. Thank you. Thank you, Carla, Harrison, Humberto, and Daryl. Do we have any questions? Counselor O'Kerr.

I don't have questions, but I appreciate the report that you presented tonight. Because the last time that you came up, you were new in this role. And a few months before that, I had asked the city manager for reports of what HTTP had been accomplishing, and we were giving this money, and there were no reports. To me, that showed a real lack of care. If this program is so important, you should be reporting out every year on what you're accomplishing, just like what you're doing tonight. So I hope that that's gonna continue. Not just hope, but I have the expectation that that's gonna continue. One person can't possibly do all of the work in connecting HTP with the businesses around Avenue, yes. But it's important work and I'm glad, Humberto, that you're there doing that. And that the HTP did not decide to wait THREE YEARS TO GET SOMEBODY BILINGUAL TO START ASSISTING YOU WITH THIS WORK. SO I WANT TO LET YOU KNOW THAT I DO APPRECIATE WHAT YOU HAVE ACCOMPLISHED AND I APPRECIATE THE PRESENTATION THAT YOU HAVE GIVEN TONIGHT. THANK YOU.

THANK YOU, COUNCILOR ALL CARE. COUNCILOR SINCLAIR.

THANK YOU. COUNCIL ALL CARE. I couldn't have said it better. Harrison, what I want to say to you personally, I had the opportunity to serve with yourself and Humberto during service day. And it is no faint, it is not for the faint of heart. That is for darn sure. the last time you all presented here it was a different time you're in transition and i want to thank you personally for quantifying data so that council can see the return on investment the reason that it was so important is that we see people invest their life savings as independent small business owners and they give everything in their everyday lives to create the culture in downtown and provide meaningful spaces for our community to be together and I take that very seriously and they deserve every opportunity and I have to say you all rose up to the challenge. And I very much appreciate the complete detail that is in the annual report and also to see firsthand the work that is demanded. And I thank you for that. Good job.

Thank you, Councillor Sinclair. Councillor Harris.

I just want to say, excuse me, thank you to the staff, to Mr. Butler, to Ms. Antonini, also the volunteers, including the board members that have worked hard over the last 12 months to put this together in such an excellent presentation and the work you've done. often down there since I live relatively close to the downtown area and I value this community, the downtown community and the Avenue Diaz and the local businesses in all the locations nearby. And I just want to say that the presentation you made makes me feel like this is some of the best bang for the buck the city is getting with the dedicated people you have and the genuine care for the community and the organization you all work for. So thank you all very much.

Thank you. Councillor Case.

Thanks. We spoke last week at Finance Committee, and then the next day I had the opportunity to join you guys for the ribbon cutting at Franco's. And so I just wanted to say, watching you guys in the community day in and day out, and getting the opportunity to meet you last week, Humberto, and talk with you a little more about the work that you're doing on Avenida Diaz, thank you. We are so grateful you're here. Like I promised to Franco's, I went back with my husband on Saturday and the line was out the door and there was no place to sit. So business is booming in downtown Hillsboro and that is thanks to the work that you guys are doing behind the scenes that is often thankless. We're very grateful you're here, so thank you.

Yeah, so Harrison, I think this is a different meeting than it was a year ago. I don't even remember. It's probably good. I want to say thanks to your staff. I see them downtown all the time. I appreciate the work they do. Thank you. I appreciate the work you do downtown to include . And Harrison, I know how hard it is to lead a nonprofit. Thank you for seeing it through and for providing this report. You had a report when you first came, when you were just brand new, and you have this one again with updated information and increased impact. And so thank you again for making our downtown a wonderful place to be. Appreciate you all. Okay.

And Mayor, if I may say one last thing? Sure. Carla, I want to say to you directly also, in preparation of service day, I was able to talk to 26 different businesses throughout Avenida Diaz and on Main Street. small businesses want to see further investment in downtown, repeatedly they said that you are amazing to work with.

And I just wanted to let you know that. Well, thank you.

Yeah. I appreciate that. I wanted to let you know that because there is additional needs, but it's not Tiffany doing of the teams. And so thank you.

Thank you. All right, well thank you so much. So, do I have a motion to approve this agreement? So moved, case. Thank you, do I have a second? Second, Sinclair. Is there any discussion? All right, may I please have a roll call?

Councillor Sinclair? Aye. Councillor Allcare?

Aye.

Councillor Harris?

Aye.

Councillor Case?

Aye. The motion passes. Thank you all again. Appreciate it. Thank you. Okay, moving to item 8.3, consider Parks and Recreation Commission and Library Board recommendation to adopt a resolution adopting the rules for use policy and patron progressive discipline rubric. Resolution number 2929 is available. Do I have a motion to adopt resolution number 2929? So moved case. Thank you, is there a second? Second, Harris. Is there any discussion? Okay, may I please have a roll call?

Councillor Case? Aye. Councillor Harris?

Aye.

Councillor Sinclair? Aye. Councillor Allcare?

Nay. Okay. I'm so sorry. I'm so sorry. Mm-hm. Nay.

Okay, so the resolution does not pass. Resolution number 2929 is not adopted.

Mayor. Yeah, that's a good point. So you vote now.

I can vote now? Correct. Well, that's great. So I vote in favor of resolution number 2929, aye. So it does pass. Resolution number 2929 is adopted. Thank you very much. Moving on to item 8.4, consider adopting a resolution expressing support for Hillsboro Airport's transition away from leaded fuel in response to community concern. Resolution number 2930 is available. Do I have a motion to adopt resolution number 2930? So moved case. Thank you, do I have a second? Second. Harris. Is there any discussion?

Yes.

Okay, Councillor Sinclair.

Oh, I just wanted to say thank you. Oh, sorry. No, it's okay. Sorry. I was just going to say thank you to the staff that worked on this. I don't know why we're getting reverb. Sorry. To Robin and Ariel, I know you guys have been working a lot on this and worked tirelessly on a lot of efforts around the city. So thank you so much for your work on this.

Councillor Allcare?

I appreciate the people who have come forward and brought your information, brought your data, brought your concerns for the past, I don't know, longer than I've been here on this council for nine years. Lead is a real problem. Affecting children's health is a real problem. So I appreciate you coming. And I'm looking at this step as just hopefully just being a start, because this is a big problem. You have been coming here, and when I went through this and I saw this, I thought, okay, it is only a step, and there's a lot more protection that needs to happen and addressing of health issues that have been impacting people for a long time.

Thank you. Councillor Sinclair.

Yes, thank you, Mayor. I also want to thank the community members who have repeatedly shown up in protection and efforts to protect the community from lead. And I have a couple questions I want to ask. Is that okay, Mayor? Okay. I'd like to understand what defines the perimeter impacted of the impacted populations. Will a geographic proximity lead ground testing? The second, I can wait actually.

Can we get, yeah, can we get another chair for Robin? Thank you.

Hi, counselor. Thank you for the question. Ariel Nelson, government relations manager for the record. In the staff report, impacted populations is referring to what we understand from our public health partners. We've been working with Oregon Health Authority and Washington County Public Health Department that children and pregnant people are predominantly affected by lead poisoning because lead impacts the developing brain. So referring to that and then those most at risk for lead poisoning and both of those partners list a number of factors that can lead to lead poisoning, including living in older homes with lead paint, dust, occupational exposure, as well as airports without gas.

So the question I have is pertaining to the airport, will there be a perimeter established pertaining to communication with the public about the airport? like in in other words when we say there could be testing of soil tutsu words being a blanket statement is what you're saying we're not going to find what that is for testing of soil or people that live in a surrounding area so they may have blood work testing due to the topic such as the airport since it's such a big aspect of our community.

Thank you for the question, Councillor. So in response to the community concerns and the conversations we've been having with the committee members who requested this resolution, again, as a first step, we've also been in conversations again with those public health partners as well as with the Port of Portland who owns and manages the Hillsborough Airport. About potential options because as the city we are a partner and this is a community conversation So with regards to testing what we do Have directly in our jurisdiction is city owned and operated facilities So we are looking into testing at some specific facilities. So I don't know if Robin if you want to touch on a couple of those I

Sure, Robin Strawn, Sustainability and Resiliency Manager. Thank you for the question, Councillor Sinclair. So we are going to be, so we've done some testing already at some of the sites that construction will be happening. So testing has been done at the Fairgrounds Sports Complex, as well as previous testing was done at the site where the police department is going to be built, and levels are below the background levels threshold at those sites for soil. And we're looking at additional testing for air and soil at three key sites where those vulnerable populations may be spending time. So that would be the Brookwood Library, Hidden Creek Community Center, and the Associated Park, as well as Tyson Recreation Center and Associated Park.

And then in addition to that, Councillor, in those conversations again with the public health experts, we're getting a better understanding of the current testing resources they already offer and how we might play a role in helping publicize those to the Hillsborough community. For example, we learned that OHA regularly offers free soil screening. They've been to Hillsborough farmers markets in the past. That's something we could partner with them on again. And also, in terms of accessing blood testing, our partners at Washington County Public Health strongly encourage that the best way to do that is through your health provider. So we're learning about, for those who maybe don't have access to a health provider, don't have healthcare coverage, what are the opportunities there?

Thank you. I only have two more questions or comments because I know this is still developing. I just want to make sure that the concerns that I wanted to bring forth are made aware. How will the city communicate testing resources to residents? Will this be done in multi-languages and will the city rely solely on digital communication? In addition to that, will Blood is Well testing resources be free to residents located in suggested parameters? You've already given some guidance on that. And then will the Port of Portland provide public signage along the outer perimeter of the gate communicating the dangers specifically related to lead?

Sure, thanks for the question. So On the last question, I'll go backwards Our understanding is that the Port of Portland is focusing communications during community engagement including hosting biannual Hillsboro Airport community forums and participating in a wide variety of community events and publishing information on resources and updates related to the transition from leaded aviation fuel on the port's website and for your question for future city communications we are still scoping that depending on events opportunities but we We will be doing that in partnership with our public health partners and following their guidance. But to the extent that we are providing those communications will apply at the communities or the city's community engagement framework process and equity toolkit to any city communication efforts.

I understand.

And that includes language translation and non-digital modes.

Thank you. It's an important, this is a big, important step. So I thank you for the time that you've put into this. I know there'll be more continued conversation. Thank you for your time.

I have a comment about notifying public, because you mentioned you're going to do testing. One of them is Brookwood. I would like to have that done around the area of 25th and Cornell. There are three strip malls there. There's a lot of humans around that area. I think it would be important to do that testing around that area. I think it also would be public health awareness that the city can do to inform people in extenuating areas that we that we belong to the city, that we can inform the public of what they are going to be exposed to. I think that's our responsibility to do as well as the Port of Portland. But I don't want to rely on the Port of Portland to be the only ones to do that. I think we need to have that work done by our staff. and in those areas and i want that maybe it needs to be outside of those areas too i think notifying generally the public that if you go driving by this area if you hang out in this area if you go to the air show what's the potential that you and your family are going to be exposed to let i think we should be upfront and honest about that thank you

Councilor, thank you for that feedback. I just appreciate that. We'll take that back. I do want to clarify that for the testing at city facilities, the city has engaged with an environmental consultant to conduct that testing, and that is a city-led effort. We'll be bringing updates to the council and to the public when we have those.

Councillor Harris. Thank you. This is more of a request or a comment. I was looking back because the lead gasoline is one of the things that piqued my interest when I first took my seat here. Looked back at my emails and it was back in January 29th, 2025, which would be the fourth week of my service. on council and I asked the executive team about this issue because I had done a little research on my own and found out that there was an EGLE program which was the federal program to eliminate leaded gas and there was some federal funding available and I asked staff whether or not the Port of Portland had done anything on that, provided a link because they did have their own page on it so I figured they must have done something and the response was just we hadn't heard about it. So I got involved in other things, so partly that's on me for not following up with my emails. But based on that experience, what I'd really like to see is, assuming this resolution passes, is I'd like to actually see quarterly reports from staff on what's been done, what the port has done, and there's anything we can do to help facilitate this. Right now, there's no reporting requirements. We're just encouraging them, it looks like, based on this. So I would like to see regular reports from staff on their interactions with the port in their advancement of the EGLE program and seeing if we can eliminate this gas and get the other alternative fuels earlier than 2030. That's my comment.

Thank you. Any response? No? You don't have to. It was a comment.

Yeah, we can take that back. Thank you.

You got it. Okay. Any other questions? All right, so we have a motion on resolution number 2930. We have a second. We've had our discussion. May I please have a roll call?

Councillor Allcare? Aye. Councillor Case? Aye. Councillor Sinclair? Aye. Councillor Harris?

Aye. Resolution number 2930 is adopted. Moving to item 8.5. Does somebody want to clap? I understand. Moving to item 8.5, consider adopting a resolution creating a 180 day pause on any strategic investment program agreements with stand alone data centers. Resolution number 2931 is available. Do I have a motion to adopt resolution number 2931? Harris so moves.

Second case.

Thank you. Is there any discussion? May I please have a roll call?

Councillor Harris?

Aye.

Councillor O'Care? Aye. Councillor Sinclair? Aye. Councillor Case? Aye.

Excellent, resolution number 2931 is adopted and thank you Councillor Harris for bringing that to our attention. So we moved item number 4.3 regarding the adopting an intergovernmental agreement with Washington County for the ongoing participation of the Washington County Home Consortium. And Councillor Sinclair, you asked that things such as this come to the city council for a final vote. Chad, how should we proceed on this one?

So you should start off with a motion and then a discussion, and then to the extent that there wants to be an amendment to that motion, you can have an amendment to the motion. But I would generally start off with a motion to approve. If you have a second for that, then you can have your discussion, and you can go from there.

Great, thank you. So can I have a motion? Hang on one second, let me get there. Let me get back there. Okay. So can I have a motion on the intergovernmental agreement with Washington County for the ongoing participation in the Washington County Home Consortium? Harris, so moves. Thank you. Is there a second? Second case. Is there any discussion?

Yes.

Councillor Sinclair.

Thank you so much, Mayor. On this particular aspect, any affordable housing project governed by this agreement, I'd like to see that come before council due if it's a land that's transitioned. Excuse me, I'm not even, please forgive me. If it's land that is brought into the agreement by the city or purchased by the city, I would like council to have that awareness so that we can understand the discounts that are being given for affordable housing and at what percentage.

Any other comments?

Councillor Harris? A question on that. Are you suggesting... that when land is handed over to the organization that the city may own that we then get their complete financial package and look at it and see what the rents are and see all this stuff before we transfer the land?

What I'm suggesting is that it could be a high level. We've never went deep into those aspects, but to have a high level understanding that if we are transferring or purchasing land with public dollars, that since it's affordable housing, to understand what benefits the community is receiving and at what discount, whether it be 30% AMI, 60% AMI, or 80% AMI for affordable housing.

So I'm the representative on whatever acronym is used for this particular program with the county. But I'm relatively new on that. So what I'd like to know, and maybe you have the answer, maybe Chad, or maybe Ms. Brooks does. affordable housing is developed as a proposal would this need to come back to council and get approval hold up the delivery of that housing and maybe that's okay or would it kill it all together if they can't get it together and I guess I'm not sure how far along the development has to be and the timing in the program to when we transfer property. Is that the last thing that we do? If it's the last thing that we do, this makes perfectly good sense, and I actually agree with, I think, what you're getting at here. I'm just trying to figure out the mechanics of this and whether that would make it impractical to develop affordable housing through the home project in hillsborough and i don't know the answer to that right now i don't know if mr jacobs or ms brooks has any insight into that i don't know whether miss hawkins happens to be here chris is here uh miss hawkins right there sorry Could you address whatever issues may arise on your end of this as far as delivery of the projects?

I would be happy to. So the issue for site control is obtained and the approval that you would be looking for would have been attained prior to these developers going through and applying for the home funds. So, the affordable housing would have come before you to say this is a piece of land that the city owns that's going to be addressed. All of that would have been presented to you prior to the application for home funds through the consortia.

so then we would not have the opportunity to understand my whole goal in this is if it is publicly funded land that this council has the opportunity to have understanding of what discount our community is receiving in the development for affordable housing

it will come to you first so it will come to you you would go through and you would approve that you would have a full understanding of those requests and those requirements once that has been approved and there's site control that's given to the developer they then would apply for the home the home funds which would probably be in all reality six to twelve months after that they've gotten the approval from the city council to be able to go ahead and utilize that land

And does that process, so the process doesn't necessarily slow down due to it coming before council?

It wouldn't have even started until it comes to council. Okay.

And it comes to council first, that's what you're saying?

That is correct.

Councillor Harris?

So are you saying that the proposed amendment by Councillor Sinclair would not be a problem on your end as far as processing this?

It would not be included in that request for the home funds because it would have already been addressed by the council prior to the developer applying.

So it's redundant?

Correct.

Okay. So Councillor Sinclair, may I ask what are you concerned about?

What I'm concerned about is, land acquisition continues to evolve in our community and expand throughout the region specifically for us, that being the number one goal in our state of having housing expand at a quicker opportunity. We know there's so much that's happening with land banking. I would like to understand when public funded dollars are providing affordable house sourcing that we understand what the discount is numerous times we've had projects come before us where councilor salgado i remember a conversation a couple months back where this specific topic of land ownership like what was the discount for the land or was the land contributed and why do we not have more units at a deeper discount is my point. I want to make sure I as a counselor would like to understand how many units are available at that deep discount or not because market rate housing is quickly becoming very close to what 80 percent AMI is. And so I want us to have an understanding as things evolve and additional land banking happens for the purposes of housing.

And you're saying that it does come to council, and we are briefed on that?

That is correct.

Yeah, and from what I remember working with Nueva Esperanza and Bienestar, and then Hacienda CDC and the Dolores, it did come before us. And it was discussed, including the number of units and the levels at which they would get 80% AMI, 60% AMI, and 30% AMI.

then if this is redundant, then there's no harm, no foul. I'm just bringing this up to verify before it goes forward.

Thanks for making sure. Great.

Thank you.

I have a question.

Councillor Alker.

That if determining the project, the housing project that is going to, we would vote on, that if What standards are there that you have to follow? Federal standards you have to follow for affordable housing?

As far as with the application cycle and how this...

The number of units dedicated to certain income levels?

So under the home program you can qualify and serve households up to eighty percent of AMI. In order to obtain home funds, it is managed as part of the consortia and with Washington County being the lead agency, it's handled by the Office of Community Development. They would go ahead and provide a notice of funds and accept applications. Once the applications have been submitted, and as indicated, site control is one of those conditions, Once that has been done, then Washington County OCD goes through and they will make a decision about applicability and whether or not the project is a qualified project. A representative from the Policy Advisory Board, in this case, Councillor Harris, would have the ability to go through and review, score, and rate those applications. The applications are then decided and recommended by the Policy Advisory Board, and then it goes forward to actually to the Washington County Commissioners to be able to approve it, because as a lead agency, it goes on their federal report and their annual action plan as far as a decision which how they would like to invest the money within the county.

Thank you. And I know that council in the past has had conversation and influence over the kind and number of different types of housing units, even down to the parking. and how many parking spots there are. So we've had deep discussions about affordable housing. I think it's important because this isn't a brand new council, but this is a new council and we've been dealing with affordable housing for a long time. So I think it's important to, it wouldn't be a bad idea for us to have, if not at the next work session that we have on a housing project, that you provide some of those standard details that are always going to be a part of a project.

I would be more than happy to do that for you all.

Thank you.

Okay, so we have a motion and a second to move forward with the intergovernmental agreement with Washington County for the ongoing participation in Washington County Home Consortium. We've also had a discussion. May I please have a roll call?

Councillor Sinclair? Aye. Councillor Harris?

Aye.

Councillor Alker?

Aye.

Councillor Case? Aye.

The motion passes. Moving to item nine, the city manager report. I'll turn the time over to our acting city manager, Simone Brooks.

Good evening again, council. Interestingly enough that you should be having this discussion because I'm going to highlight one of the items from the city manager's report that is in your packet, and that is the Dolores project. So that is in Tannisbourne, nonprofit housing developer, Hacienda CDC, which was mentioned, celebrated the grand opening of the Dolores apartments on this past Thursday. The Dolores was made possible through a partnership. with the city, Metro, Oregon Housing and Community Services, and the Housing Authority of Washington County, with a development team that included New Narrative, Access Architecture, and LMC Construction. The city worked with Metro to identify and acquire two land parcels for the project. The city also led the developer's selection process and contributed $10.5 million from the Metro Affordable Housing Bond Fund funding to help fund the Dolores. So you can read more about the Dolores in the full City Manager's Report, in addition to a few other topics, the PCC Future Connect, Hillsborough's Fire Station 9, which was recognized as a top project of 2026, as well as an update on the Human Rights Advisory Council. In addition, we continue to report on ICE responses, enterprise zone applications, and data center development applications. And again, that's available in today's meeting packet. And that's it.

All right, thank you very much, Simone. We'll move on to council comments, item 10. Councillors have up to three minutes to provide comments if they have any. You are not required to make comments. It's an option that we decided that we wanted to provide, should you want to bring anything up. The council should not engage in any deliberation or debate over any comments or during this portion of the agenda, other than expressing general support for adding a topic to a future agenda. If a majority of Council supports moving an item forward, that item will be referred to the City Manager for scoping. Do any Councillors wish to provide a comment?

I do.

Councillor Allcar, you have three minutes.

So I have growing concern over public comment. and that it's always been reserved to be a time for people to come and tell council when they're concerned about things, when they want change. And in the past few months, they've been pretty angry. And it's because of the way we've made decisions, when it's also been about the way that we have let you communicate with us. And I'm not comfortable I'm not used to seeing so many police officers at our council meetings. I want to let you know that I'm personally concerned about that because it's a democratic right. And we're here to listen to you tell us. And if it wasn't for you, a lot of things wouldn't have happened over this year, like the work session on ICE. the work session on data centers. And so I just want to say that, and I know that a lot of people have had comments and have hurled comments at this council, and I think that's also a part of the job of being on council and being an elected official. You don't get to hear all of the good things you want to hear all the time. But as a city councilor, I find a way to communicate with people so they don't have to get so frustrated with me as a city councilor, whether or not I can change things or not. I don't like the tone, the way that public comment has been introduced, because it's your time. I want to feel good about public safety being present. I want to be respectful of their time. But I just have growing concerns about how this council is responding to public comment. And I think we need to have a healthy discussion about that because I don't think public comment is going to go away. And we don't get to control the narrative of what people want to say to us. That's why we're elected. So I really do think we need to have a deeper conversation. And I don't think it's all right to fault people and tell them that they're breaking a rule when they don't know what the rule is. I've asked this council, let's post them in the auditorium. Let's have them as handouts for people. And we still haven't done that. So I wanted to address this with you because there is something wrong with the way public comment is going down.

Thank you, Councilor Okere. Any other public comment or councilor comments? Councilor Sinclair.

Yes, briefly, I wanted to ask that as an ongoing thing, I know this is new, but can we on a regular basis convey the logging of ICE report, ICE activity reporting that is on our website? I know that Robbie said that there could be a report that is shared online. And the reason I'm bringing this up is because our public may not be aware of where that's located and what's currently happening. And so it can remind them verbally. And then the second request is that anytime there is a data center agreement submitted, that that also be shared again where the public can find that and what has just a quick reading on what has been submitted.

uh... thank you uh... counselor so are you asking for something different than is presented in the city managers report currently because that does provide an update on ice activity as well as data center that there's obviously no he's own agreements and being signed as a moratorium on those uh... but any uh... doesn't development reviews our applications coming in that's indicated in the current reporting you thinking of a different format and

It was my understanding that all applications, not just EZ. Is it just EZ for the applications for data centers that's provided in the manager's report, or is it all applications? For enterprise zone, all applications. But is it only enterprise, because we have some that came in that are not in the EZ zone. Is that accurate?

Yes, the development applications, those are listed.

Those are listed in the report?

Yes, in the report. Okay, then that's on me. I didn't hear that. I didn't hear that today. That's quite all right. I was clearly having a hard time understanding, so I appreciate your patience with me.

No, I appreciate your patience with me as well.

Councillor Harris. um thank you we've you know we've heard a lot about the century boulevard main street project and the safety concerns and the horrible loss of a young life that we all suffered but particularly the family as friends suffered as a father i can't imagine how that would feel to lose a child like that and i know our hearts go out to the family the friends those were involved in the incident and the entire community I drove up Main Street today. I've driven that a lot. I drive that street a lot. My office was on Main Street, so it was a regular course. I always thought that was like a big old airstrip, sort of. I particularly noticed it today. with the mind is I'm going to try and be very conscious and aware of what's going on in the roadway. It's literally five lanes, two bike lanes, and a buffer between the bike lanes. I don't know how many feet that is. It's got to be 60 plus feet. Well, maybe not the roadway. It's big. And there isn't a lot of calming measures there. And we could look at data. We could look at maps. We could look at aerials. And the data and the best guidance may tell us that there's not much else we can do there. But the facts may tell us otherwise. The number of accidents, the fatalities. Apparently there was another fatality apparently two years ago, three years ago maybe, that wasn't listed. and yes there's probably other roadways that are worse there's other intersections that are worse as far as you know some sort of a grade you give based on an engineering book or something but we do know that there was a loss of life recently and another one a couple three years ago And what I'd like to do is ask that we put on the Transportation Committee calendar a specific time session where we could ask for specific recommendations. I heard a couple that I thought were pretty good. The metal breakable balusters, maybe they were reflective particularly at night. I know that they have traffic islands not continuous islands but they have traffic islands on cypress street they've used it there uh... so it's not a continuous thing so maybe that would not harm or impede the driveways there honestly didn't seem to be that many driveways coming out of there anyway to me but if so we could break those islands apart i believe that was a potential now the other thing i wanted to say in the thirty seconds i have left was that in a way the redevelopment of the intersection is an opportunity. Having some experience in public contracting, I believe that it's an opportunity to engage the city, engage the contractor who are doing the work, and get a change order and piggyback any additional safety work we could do and the city could pay for it. So we have an opportunity actually to actually address this quicker than normal if we can utilize the current contract. And I'd like city staff to explore that as well. Thank you.

Councillor Case.

Following up with Councillor Harris' comments, as has been shared in a previous public meeting, I actually live in the same neighborhood as the young man who died last month. And my husband and I both drive that road multiple times a day. Since we moved to the neighborhood 11 years ago, it has been abundantly clear that people drive way too fast on Main Street at all hours of the day and night. Wakes you up when you kind of have to wake up to go to the bathroom at 2 o'clock in the morning and keeps you up until 4 in the morning sometimes. So much fun. But there's a lot going on in the neighborhood. And I remember two weeks ago, a public comment, a young woman came and spoke and mentioned that one of the first things family and friends told her when she got her license was to be careful of that intersection. We know it's a dangerous intersection. Connor shouldn't have had to die. We have known that already. So after many conversations and emails with city staff and my neighbors to discuss available options to limit speeding and what we can do, I just wanted to say, following up from some of those notes that we've received from staff, today I reached out to the Washington County Commissioners and requested their support for the county, because it is a county road, to explore and install an advanced signal head to replace the signal advance signage that is currently there. It is something they were saying they would be interested in exploring, and so just asking for their support on that. It's not gonna stop somebody if they want to drive 70 miles an hour on that road, but with the quantity of speeding on this stretch of road that we hear all hours of the day and night, I think this will be a helpful step in the right direction to protect our neighbors from another senseless tragedy. And I want to thank this community members who have been coming and providing great ideas and speaking their support of doing more at this intersection and driving it every day. I promise you I am one of those people. Thank you.

Okay, thank you, councillors. Moving to item 11, advice and information. We have a few items under advice and information. Number one, a memo providing safety information related to Century Boulevard in East Main is available in the agenda packet. Residents interested in running for city council can file now through Friday, August 21st at 5 PM. And as always, community members who want to be informed and engaged on city council matters can sign up to receive a Happening in Hillsborough email newsletter. And Spanish language updates are also available through our Creciendo Juntos email newsletter. And with that, the city council meeting is adjourned and we will begin the work session at 9.55.

I think she was kidnapped. Is that right?

Okay, welcome to the work session on the data center update before we jump in to hear from Dan and Rachel. I did want to ask, I made a commitment to council that if we went past 930, I would check in with council to see if we wanted to continue or. Or if we wanted a break for the evening, you know, just based on. You know, being a human and having so much capacity, so. There is also an option that we can go through all the information as a review and then talk about the code amendment, or we can just talk about code amendments right up front. So the first question is, as I promised, do we want to continue or do we want to talk about this another time? So thumbs up if you want to continue. Thumbs up. Thumbs up or no? Yeah? All right. So we have three or four. And then do we want to just get right to the meat and talk about the code amendments or do we want to go through the whole thing, which is a review and then talk about code amendments?

Mayor, can I offer and return it? Please. We could go ahead and get through the code amendments. And you have the material available to you to be able to review. And we could also offer individual briefings at a later time to provide that since that is future work. So that's also an option.

All right, great. So do we want to get right to the code amendments and then offer the one-on-one meetings if necessary? Does that work?

Yeah. Thumbs up, thumbs up, thumbs up.

All right. We have a majority of thumbs up. So if we could get right to the code amendments and then we can have this information already in front of us. And if we wanted more information, we could ask for one-on-ones. Is that, I understand that correctly?

Yes. Or submit questions. Great. Okay.

Thank you.

Okay. Thank you, Mayor. I'll just jump right in for the record. Dan Diaz, Economic and Community Development Director for City Hillsboro. I'm joined by our Code and Project Policy Manager, Rachel Marble. This was the full agenda that's included in the packet for this evening. The purpose of tonight's work session, as you saw in your staff report, is really twofold. One is to i present to you and receive some initial policy feedback on the phase one code amendments that you all initiated at your last city council meeting really related to definition of use categories for data centers as well as energy storage and energy generation And then the second part of it was really to give an update on the other feedback and direction we received from the council at the June 9th work session on the many other aspects and projects that will be implementing this work and just give a status update on that. That's the piece that will be backloaded. So once we get through the code piece, if you'd like to get into those specifics, we can do that. If not, we can cut it off at that point, as Simone mentioned. And with that, I'll turn it over to Rachel to jump into the code amendment phase one portion.

good evening council rachel marble um so just uh again to clarify a phase one code amendment is um limited to the use definitions and use allowances um uh and i'll different you a little bit as far as the phase one amendment um here this is the date, and it includes feedback we received in written communications from you all. There were a couple of different ideas and proposals submitted in writing, and it also includes feedback that was given verbally at the work session. It's been, I'll break it into two different, it's been broken into two different columns, but the items that are going to be addressed in this Phase 1 amendment are shown here in red, so I So looking at the limitations of where we allow data centers using Jackson East as a precedent, prohibiting data centers in certain zones or limiting them in some way, allowing them as an accessory use in some circumstances, and then defining and classifying them based on the type of data center. The items on the right, would be informed by work that we are starting to do, including the economic environmental analyses. But they've been broken apart so that this first part can be moved forward on a faster schedule than if we were to include everything all in the same amendment. There's a lot of text on these slides. Unfortunately, it's not really a way to make code text that much more interesting. So my apologies on that. So our code has use categories for all uses in the zoning code. And the way that those uses are structured, those use categories are they give characteristics of the use, give examples of the uses, Give examples of accessory uses to those uses and then give some. Exceptions or clarifications where it might be unclear what falls under this use category. So there's 2 different use categories that are being proposed in the amendment. The 1st, being data storage data storage. It may also be referred to as data centers, but this verbiage is consistent with language we already have in the code, which is why it's being called data storage and not data centers. So the characteristics are listed there. And then under examples of uses, this is where the different types of data centers are described. In addition to this, there will be some definitions placed in the definition section, which is in 12.01. And I haven't listed those here. They're still being kind of refined. But there will be some additional actual definitions. These aren't definitions per se. These are characteristics of the use itself and kind of describing the use as it is allowed in the code. Um, so, um, I won't read through them, the, all of the texts, but, um, the, the more important pieces here are just that, um, a we're creating a data storage category. So it would no longer be. Uh, included in industrial services, which is what it is today. And then being clear examples of what we mean by data centers and the different types of data centers that, uh, we would would that exist. Some examples of accessory uses for data storage would be offices electrical substations or energy generation or storage and then this one has one exception to clarify that. offices or other uses that have server rooms or storage of data on site that's used by them is not considered data storage as a primary use. It's an accessory use. And I'll talk a little bit more about that in a moment. And then energy storage and generation. This is the second category we would be defining. Energy storage and generation is currently lumped in with utility facilities and is more broadly described in utility facilities. And I would say that these are examples of uses that are not necessarily anticipated by our utility facilities category, so this is an opportunity to further clarify and define that use in our code where it doesn't exist today. Some examples of energy storage and generation would be battery energy storage systems or BEST facilities, wind energy conversion systems, which would be like wind generation windmills, basically. And then utility scale solar energy systems, which would be like a solar solar farm, solar installation, where that's the only use on the site. And then this use category, once we start defining things in the code, we have to, when they're not listed, they're prohibited essentially. And now we're creating an energy storage and generation use, so we want to be clear that other energy facilities would fall under this, but we'll be clear about which ones we allow and do not allow. And ORS defines energy facilities very broadly. There's a lot of things that are included in the energy facilities category. Some examples of accessory uses for energy storage and generation are like various equipment on the site, potentially offices, obviously storage of equipment and materials, potentially parking, potentially security fencing. There's quite a few exceptions listed here and some of these are repetitive, but the point of the exceptions here is to make it clear that where energy storage and generation is accessory to a use. For example, a roof-mounted solar array on a building, that's not considered energy generation as a primary use. That's an accessory use to the primary use on the site. And we see that on many types of buildings, you know, residential all the way up to, you know, commercial and industrial buildings that have solar arrays. This also clarifies that power generation, which is accessory to a use that's used as a backup in emergency situations, would be classified as an accessory use to the primary use on the site. And then, again, the best facility one is just clarifying when it would be accessory, when it's on a site that has a primary use. And then lastly, energy transmission, which would be You know, like transmission lines substations those this is just clarifying that those still fall under utility facilities and would not fall under energy storage and generation use. So that is the use categories as being proposed. Some of this is actual code language, the draft version, which is obviously still being refined. The next part is not actual code language, but more looking at the concept and what policy we're setting. And then I'll be taking that and turning it into code language. So just a reminder of what the existing data center use restrictions are and where we allow it. These zones are the zones that we currently permit data centers as a primary use on a site. It's essentially all of the industrial zones, one commercial zone, and then three of our urban center zones. The IS zone does have some limitations and those limitations are that it's not allowed in the Meek sub area at all. and there's some acreage limitations in the Jackson East sub area. So based on kind of my analysis of the purpose of the zones and things that have been expressed, namely using the Jackson East sub area and the legal precedent we set there and how we set that up as a tool to apply that across the city, Um, my proposal would be that we prohibit data centers in the zones listed on the left. So, um, and, um, I'll also point out that all of those zones in the prohibit list do not, or none of those zones currently have any data center approvals in them. Um, all of the current data centers that we have are in the IP and IS zones. So in addition to the prohibition outright as a primary use in those zones, we would be proposing to limit them by acreage in the IP zone and the IS zone. In the IP zone, it would be a just overall total gross acreage cap. And the kind of draft idea there is 205 gross acres total. In the IS zone, we would leave the Jackson East limitations in place because they were already set in that sub area and in that plan as that came into the city. We would leave the prohibition in the Meek sub area as a primary use alone. And then all other sub areas in Jackson East or in IS would be capped at 305 gross acres total. How I arrived at those numbers is that Our adopted economic opportunities analysis estimated that we in the future could need somewhere between six and 10% of our employment land for data centers. And that methodology was what was used in the Jackson East Development Code Amendment and how the acreages were arrived at in Jackson East for the limitations there. I'll also note that, so obviously six to 10% is a big range, or it can be a big range. We have 6,210 acres of employment land in the city as reported in our economic opportunities analysis. As far as where our current acreage stands for land use approvals of data centers, Essentially in the IP zone right now we have 203 acres of data centers which have vesting through land use approval or are built or constructed in permitting, etc. In the IS zone we have 303 acres. So these totals are offering a little bit of wiggle room. but we may want to look at that number a little bit harder to see how much wiggle room we want to build in. But they're essentially accounting for what we have today. So data storage would be, and these limitations and prohibitions would be for data centers as a primary use on a site. So if a data center is the only thing that's being, a standalone data center that's being proposed. So for data storage as an accessory- Can you say that again, Rachael?

Yeah, I'm sorry. I'm very confused. It sounds like the 200 gross acres and the 305, but that's about what's already been taken by data centers, so there's no room for more data centers? Is that what I'm hearing? That is correct. Okay. Not mad about it, just clarifying, because that's what it was sounding like, so.

That is correct. In this draft, yes.

That's fine. So there's no room for standalone data centers. Okay, but what about accessory data centers?

Yes.

I'm sorry for the fatigue. It's the fatigue that I'm in right now.

So yeah, the accessory, those limitations would apply as a primary use, so standalone data centers. There would be separate, code language that would deal with data storage as an accessory use. So if somebody was proposing a data center on a site where they had a primary use, like manufacturing or any of these uses, that is separate from those limitations. It would not be included in that acreage cap.

Thank you.

So data storage as an accessory use would be allowed... as an accessory use to the following primary uses. And this list is based on, partially based on where we allow it today as a primary, or sorry, as an accessory use. This list is a draft and something that we wanna look at a little closer to make sure that we're not missing anything that would ordinarily have a data center as a accessory use on site. But this is kind of the draft of where we would be starting. And then there would be some clarifications, additional clarifications around that. What do we mean for it to be accessory to a use? So the current definition of accessory use or structure is just that it's a structure or use that's incidental and subordinate to the main use of the property and it's located on the same lot as the main use. So if you have multiple uses on a site, you have a primary use and then you have accessory uses. Um, there's not really a current, um, code methodology or limitation on, um, square footage. Um, and what, you know, uh, in the code, as far as saying like, you know, an accessory use can only be 10% of the site or something like that. We do not define accessory use in that way. Um, it's a little bit more broad and vague. Um, and that has been helpful in circumstances where, um, there's accessory uses that, um, you know, it's sometimes hard to quantify to say, you know, you can only have X amount of the site, you know, is it accessory if your profit from that accessory use is less than the primary use, or is it accessory if it's less square footage? Is it accessory if, you know, there's a number of things. So there's not generally a lot of limitations or structure on what does that mean for the accessory. For data centers, we would, We would add some additional clarification so that it is clear what we mean when we say it's accessory and. The two things that are being proposed would be that number one the data Center exclusively serves the enterprise functions of the of the onsite primary use essentially. And then number two, the data center doesn't lease data storage or processing services to third parties. So that means that we would essentially be allowing data centers that are serving the business on site and not data centers that are like retail or retail or wholesale. wholesale data centers.

Rachel, I got two questions before we miss this. Data storage is an accessory use. Those would be allowed in any of the zones where this other happened. They wouldn't be limited just to the IP or the IS. Am I reading that?

That's correct. Anywhere those primary uses were allowed.

Okay. And secondly, on the clarification for accessory, the second bullet, the data center does not lease data storage for processing services. Do people lease processing services? Are you saying like sell processing services? Is that the right language? I don't want to have any loopholes here. See what my question is there. I understand what you're getting at, I believe. I just want to make sure that we wordsmith this correctly. So I'll leave it at that. I don't need an answer now, but just to flag that a little bit for you.

Sure. Yeah, we can look at the language and make sure that it is capturing what we want it to be capturing. Ultimately, some of this, you know, there are quite a few other jurisdictions across the country that have adopted data center regulations, and there's quite a bit of research online about zoning for data centers. Part of this was based on that research nationwide of what other jurisdictions have put in place. And data storage and data processing centers are often kind of linked together and just included as one item. So that is where that language comes from, but I will definitely take a look at it and make sure that it's capturing what we wanna be capturing.

Rachel, can I just interrupt one quick second? I think there's a great point to just remind the council of the process. And so we're coming to you tonight to get feedback on what staff is drafting to make sure that we're sort of following what you all wanted to do. Then there'll be a public process where there'll be a public hearing for the Planning Commission. The Planning Commission will go through this. They'll tinker with whatever needs to be tinkered with, such as this language. And then it'll ultimately come back to you again for final approval. So, you know, this is the kind of feedback that's great, where we can get that feedback and say, here's things that you may want to look at. But just know that these aren't the final decisions being made tonight. There's an entire public process that's going to continue throughout before we get a finalized document for you.

Thank you, Chad. Any other questions, Councillor Sinclair?

Just for clarity, because we just got this today. Yeah. And I don't feel comfortable having consensus on this beyond... I mean, this is a lot to process. This is new for us. And I want to make sure we're allowing ourselves as a body enough time before we confirm anything.

Yeah, this is... Dan and Rachel can jump in as well, but this is really just to give you an update. So we're saying, here's where we're at, here's what we're thinking. Generally, are you on board with this? It's not to fine tune the language. And then we will then go through that process with the planning commission. So there'll be plenty of opportunity for you all to provide staff with input throughout that process.

Is it also possible for us to have a third work session? and to where we process this from tonight.

So that's up to you all, just knowing that because this is a land use code amendment, there's very specific procedures and noticing requirements that we have to follow. So the more work sessions that you want, that'll just delay the actual enactment of the code amendments.

And I don't know if it's, I skipped ahead a couple slides, but just to, because we're talking about the process, to put, that's okay, to put, to just give you the timeline of where we're at and what this will look like moving forward. So we're doing a work session right now. That's the first thing, July 21st. The next item, the presentation, would be the public notice, which will go out to affected property owners. And the affected property owners in this case is anyone where the zones that we mentioned where the zoning is changing, the allowances, we would be mailing them a notice. After that, August 12th would be a work session with the Planning Commission. There has... you know, I'm sure some of them are aware of the conversations that have been happening at city council, but they have not had any of the previous, you know, kind of education and information that you all have had. So we want to have a work session with them to not only give an overview on data centers and the work that you all have in the conversations, you've all had this thus far, but also on the language that's being proposed. So that would be an opportunity for them to kind of, you know, do a little bit more workshopping on the language and give feedback on the language. The Planning Commission public hearing is currently tentatively scheduled for August 26th. And then after the Planning Commission public hearing, which they will make a recommendation out of, it would come to City Council for a first and second reading. This timeline and process is kind of the baseline of what our code requires or the process it dictates as far as a code amendment goes. So the public hearing occurs at the Planning Commission, and then it comes to Council for first and second reading. There may be additional time, and that's something that we can follow up with afterwards about the schedule and when that's available, but between now essentially and when it comes before you all, which is September 15th. Now obviously that's two months. Time for an additional work session if you all would like more time with the actual proposed language and more time to have a discussion about the language. If we can get sufficient feedback tonight to be able to confidently move forward with writing the code and then come back to you with that additional text and language.

Councillor Allcare?

I think I'd like to have a third work session after August 12th.

Well, then it still has to go to the Planning Commission public hearing.

So after August 12th, though, I think that that would give us enough information from the Planning Commission work session for us to have a third work session and before it goes to the Planning Commission public hearing.

Well, the Planning Commission public hearing allows people to give their two cents. And so I'm wondering if we had one, it would be after the public hearing. So we come together after the Planning Commission hears from the public.

Is that enough time before September 15th when we have a first reading at council? I don't think that's enough time.

But it does take into account the public hearing as well. So if we met for a third time, that would take after, excuse me, if we met for a third time after August 26th, then it would be also taking into account the public's comments. So it is tight, I hear what you're saying.

So, yeah, I also just wanted to offer that this schedule was based on not having a work session and the schedule is not set. It's not a firm set schedule. So anything that you want to add to this schedule is obviously up to you all. It would potentially delay the adoption date. So, you know, obviously based on the meeting schedule, there's, there's, there is overlap between planning commission and city council on the dates and getting that kind of worked out. But, um, I would have to look at the dates of the meetings now to see if there would be time without delaying the adoption or what impact that would have on the adoption date.

And that feedback's welcome, too, both on the general direction the policy is going, because what Rachel is presenting, and thank you, Rachel, for your work pulling all this together and getting it to this point, really stems from direct feedback that we received with consensus from the council, especially on the June 9th work session, where there was the desire to quickly move forward with a code amendment with the use categories and definitions, as Rachel described, and getting into those zoning and use tables. And as part of that, The balance that staff has tried to maintain in this is doing the work as quickly as possible. That's been a request of council, but also doing it within the required land use processes and with a degree of communication and engagement there as well. The original request and guidance from council consensus was to try to target an 80 to 90 day adoption window, which was about as expedited as we typically run the land use amendment process. If there is a desire to add that in there, we can try to update the schedule We just wanted to highlight the direction we received from council that we're trying to respond to. And if we do add in procedural or engagement components, that likely extends the timeline that you asked us to also be as expedited with as we can. And we're just trying to balance those.

But I'm okay having a third work session and delaying if that's what's going to happen. I think there's already been stuff that's already been decided, right? we're not stopping anything right now. Things are in process. That's correct. So I think that I would like to have that third work session, and I know that's a lot of meetings in August, but I want to have it before September 15th, however way that's got to happen. I feel like after that, we should definitely engage public with whatever happens after that third work session. I feel like we've gotten a lot of commentary from public about the data centers for a few months now. And I don't know if a lot of people who've been coming are going to know that they need to go to that planning commission public hearing meeting in relation to this. I just don't know if they would know that unless we're advertising that that meeting's coming up at, you know, meetings before that. We can do that, but I just, I just don't know if that's going to give us that time. And I think after going through us and then the planning commission and before the first reading and we can have that third session so that we have an impact on that first reading at city council and definitely have public invite public at that time as well.

Mayor and Council, just for the sake of responsiveness and making sure we're hearing also a consensus of general feedback to staff too, to what we're hearing with the work session, one thing I would like to check and confirm, but Rachel and I are doing right here is We could look within the broader council agenda and schedules and priorities. And Simone, if you don't mind, we'd love to work on this with City Manager's Office and follow up officially. But we could try to target the first council meeting in September, which I believe is on the 1st, which would fall after the Planning Commission public hearing. So we would have a sense of what was heard there and generally what is the Planning Commission's likelihood in terms of the recommended policy package that would be coming to you. and ahead of your first city council, first reading and consideration of this, I think that would help preserve largely the timeline that Rachel has presented here that's trying to be responsive to the desire for expediency, but also allow that discussion. So that would just be one, if we could get a general sense of initial feedback. And Simone, I'm looking to you in the city manager's office. If you prefer a different approach, please let us know. The second piece I just wanted to confirm real quick before I turn my mic off is to the point about communication of the public hearings. I just wanted to reiterate, for the council, but also for the public that are tracking these work sessions as well, we will have to do mailings to the directly impacted properties of about 2100, as Rachel noted, and as is shown on the slide here. So those property owners that would be affected by this zoning code change, will receive a mailed notice. We also intend to fully utilize the updated data center website, our other communication channels to communicate out with the broader public and the vast array of interested parties and stakeholders of all of the steps in this process once we get that general kind of consensus and feedback from you this evening. So I just wanted to, the question or concerns around awareness and engagement, we seek to utilize all the communication channels at our disposal once this is already somewhat in motion, but really once this is solidified.

Councillor Sinclair.

Yeah, Director Diaz, what would have happened if tonight the mayor would have received consensus for us to not move forward with the work session? We would have had to schedule that, correct?

The work session being requested, the third work session being requested?

No, when we started tonight, we got a consensus whether we wanted to move forward or not. And so I'm not understanding why this is a conflict. I'm also not understanding why We went through almost two months now since we started this conversation, and we just got this packet today. That is just not enough time to adequately consume this information. So I'm hoping for us to go through this so that we can hear your guys' expertise on this, and then we can come back to staff and email questions, have further discussion with the public, and then come back and get a consensus then with any direction you would like us to suggest to us.

So, Councillor Sinclair, I appreciate your comments. And to your first point, what would have happened had council decided that they didn't want to move forward with the work session? We would have looked to council, communicated with council to find out whether or not you had any input and we would do that individually as we often do when we solicit information so as not to risk a serial meeting. And then we could have made a determination about whether or not we needed to schedule a work session, but that would have obviously impacted this timeline. In terms of the turnaround time and receiving materials, I wish I could say that we could have done it faster, but this team has been working very diligently and we have been having meetings twice a week to continue this work. So I do want to just let you know that it is not

any lack of effort on our part to make sure that we're getting this information as quickly as possible and in a way that's digestible so that's definitely a priority for for us and Simone I in no way am I trying to be disrespectful at all to say that this is easy I know it's not we have extra meetings and it's just not even anything near what you are doing so I understand what you're saying and it's it's not to be disrespectful it's just a reality like for the public You know what I mean? I understand.

So when we're looking at the timeline, I feel like there's a request of a third work session. I think it's a good point, Councilor Alcara, that not everybody's going to know to go to the Planning Commission public hearing. We've served on Planning Commission. Councilor Sinclair and I, not a whole lot of people show up to that, right? But if they know, we could let them know that they can go to the Planning Commission and to give their input that they've been giving to us. And then we have the option, we could do, it depends on consensus of council, to have a third work session, or we could do the individual meetings as well. Either way, this is not the last input that we get. We're just starting, right?

So. And may I just reiterate to what Chad said a moment ago and what we said at the start of the presentation, the purpose of tonight is primarily to inform you of how the work is progressing, given the direction you gave to us a little over a month ago. And so. this specific language to Councilor Harris's question, that is gonna continue to be refined. So what you're looking at tonight will not be the final language. What we're looking for is, is this along the lines in terms of a continuity of the discussion from what you were providing to staff in terms of direction last month? Does this feel like it's still consistent with that? And we will continue to refine that into the formal package that will come back before you absolutely to the Mayor's point, and we'll also go to the Planning Commission and continue through the public process.

So there's still opportunity for input. This is not the last time. You just want to make sure that you're on track tonight.

If you were to come to us and say, you know what? We changed our mind. Don't create a data center category. That would be helpful to know before we go send public notice and continue to spend staff time drafting this and prioritizing this over housing code amendments and things like that. Yeah.

Councillor Allcair?

I say turn the first September meeting One of those into a work session on data centers.

So the September 1st year, is that what you're September 1st or 2nd, whatever. Okay. Anybody else support that counselor case?

No, I don't. I don't need a work session. I think we need, I need a one-on-one after this. Cause we just got this information late today. It's 10 30 at night. I'm on the verge of cranky, sorry. It's just been a long day. And so I think what we need is time to process this information and then have meetings with the staff. I think another work session... we have heard a ton of public comment. And when we have a work session, public comment doesn't get to happen at a work session. And so I think the public hearing is a better option. And then maybe we put some time into the agenda at that September 15th meeting to do public comment after the first reading. Or maybe it's before, I guess. something in there where they can give, where there can be comment in that time? Because will the public hearing, the public hearing will have public comment.

At the first reading, we will have public comment. We could also, you know, we could also have public comment on the September 1st meeting as well.

Yeah.

Right. There could be public comment at the planning commission and again at city council. Right. Go ahead.

Because I think public wants to have that conversation with us. They want to have that work session with us. Not with the planning commission. Yes, they can go to that meeting. I think we set a precedence that when they come to a meeting with city council and have a work session on it, I think that's different. And I don't know if I'm going to be able to go to that public hearing with the planning commission. I don't know if I'm available at that time. So why not have one for city council? And if people don't want to come to it because they've already heard too many comments or enough public comment, this is another opportunity where, yeah, we're going to hear a public comment. Council will have time to discuss it and in front of public. I think that's important.

Okay. So we have somebody wants, Councillor Allcare wants another work session. Councillor Case does not. Any other thoughts? Councillor Harris?

I think looking at this, and yes, we just get it relatively recently, but scanning through this stuff and looking at this, they may very well be that when we get the actual code text amendment, we're going to look at this and we could say that seems pretty clear to me. And we don't have as many questions as maybe we do right now because of the way the format's being presented and because we are sort of in the draft or pre-draft stage at this point. That being said, I don't think I certainly wouldn't object to us not to hold September 1st Council work session as available for a work session. Should we add it to just not put anything else on it? Maybe if the after Council meeting said if we wanted to do a work session, we could. In the meantime, we could try and see if what we get looks good through the Planning Commission. Draft looks great to us. We do one-on-ones. Our answers are clear. And maybe we don't need to do a second work session. I don't think we need to decide right now that we're going to do a work session on the September 1st is the bottom line.

That's fair. So you're staying neutral?

I'm neutral, but I think we should reserve either before or after council for a possible work session on this.

Okay. Councillor Sinclair, how are you feeling tonight?

I say we go through the presentation and then decide afterwards, but I just want to make sure that's open. There's no expectation that this is it and they'll not good about it.

Yeah. Regardless of whether or not we have another work session, this is not it. That is very clear. Am I correct? This is not the final say. Okay. In addition to the planning commission, we also have the first and second readings, right? Like even if there's no work session, we still have these other opportunities. Okay, so let's move forward because we are talking about another work session, but you still haven't been able to get through everything you want to get through. Sorry about that. We got derailed. Let's get back to it.

Yeah, no, that's fine. There's only two other slides. Just to be more clear about the direction that I'm hoping to get tonight is less about the language and the text and more about... you all potentially giving direction or finding consensus on whether or not, like, this generally captures the conversation that's been had thus far. For example, you know, the proposed data center restrictions, if you all were to say to me, you know, Rachel, the amount of zones we're prohibiting in does not reflect the conversation, which I don't think is the case, And that's the kind of feedback I'm looking for, not necessarily the language itself, but, or the numbers or, or that specific, but does this generally capture the direction that, and the comments that have been made thus far? So, you know, generally this slide is, you know, yeah, it's, it's got very specific language on it as far as the zones, but generally this is trying to capture that we're prohibiting, we're moving towards prohibiting it in Zones that we don't have any data centers, so maybe not necessary. Zones where it's not appropriate to have a data center potentially like a commercial zone. Zones that are station community zones, which would be SCI and SCPP that are very proximate to the light rail. That's the kind of thing that I am looking for, that when it's brought back to you as a text amendment, I can make those things clear, hopefully, that that's what is being reflected in the language. I did not want to put that full text in there, A, because I knew you wouldn't be getting it that far in advance. It's very hard to digest. And quite frankly, zoning code is a different language. So it's a lot. And so I wanted to capture and hopefully get direction from you all on do you feel like the kind of, general concept for these things, the use definitions, or the use categories, and the idea of the limitations, restrictions, prohibitions, prohibiting it as a primary use in these zones, but allowing it as accessory for certain cases. Those are the kinds of things that I'm hoping to get. Yes, I think that was captured. you know, in that was those, you know, that was reflected in previous guidance, all of those things. And I tried to take that, those guidance pieces and show you where those would be reflected in the code, not necessarily the text itself.

Okay. Counselor Case and then Counselor Harris.

I guess, so apologies for not having memorized the types. So the IP means industrial components

Industrial Park. It's a good chunk of the zones located in the northern hemisphere of the city and a little bit along parts of TV Highway.

And then the S is?

The IS is the Industrial Sanctuary Zone. That's the bulk of the newer areas in the North Hillsboro Industrial Area and some of the areas north of Highway 26.

And that IG on the prohibit list is for?

Industrial General. Mostly along TV Highway and in our downtown area.

Okay. I think the only other thing I would say in looking at these things is I would be interested in and happy to have pushback on it on the data storage and accessory unit as a percentage of the whole so that we don't get into something we've kind of talked about before. So the additional clarifications like cannot be more than 50% of building usage. And I don't know what that number would be.

And that you're expressing the limitation would be on like the square footage of buildings on the site or the square footage of land on the site. Yep.

One of those. But just like, yeah, I mean, it's as when it's data storage as an accessory unit. Yeah. That it's, that it's not,

It doesn't take up most of the land.

Right. Right.

You have the data set. Yeah.

And then you have like three office buildings. But it's like the people in the work are, yeah, more than that. So whether it's the unit or it depends, I guess, which probably is what's going to make that a harder thing to say.

So just we can explain. And I made up 50%. There's general consensus to continue in that direction too.

Yeah. That makes sense to me. I'd like to know a percentage as well or set a percentage. And Councillor Harris, you had a question.

So why are we making decisions?

Yeah, looking at this, this is sort of, I guess, maybe the type of fee, I hope this is the type of fee you're looking at. The limits you put on total gross acreage are 200 and 300 in the two. And it sounded like the information you gave me also sounds like we're pretty maxed out at that point. So if we adopted that, we wouldn't, theoretically, there would be no permitted standalone data centers. Now that's, it looks like, would you say 6,200 acres? So 500 would be 7% or 8%. And you're looking at six to 10 is what you said would be sort of a potentially reasonable number for data centers. Let me ask you this. Um, if there's a potential manufacturer that wants to move into this area, Wouldn't that require them then not to rely on any new data center capabilities like the co-location center? They would have to build their own data processing, data storage facilities on site as an accessory because that would be allowed. So is it, and maybe Mr. Diaz can answer this question, do we get prospective employers of high quality jobs who we would like to have in our area come say, yeah, we'd like to do that, but we need data storage or data services. We don't really want to put it on site. We want a contract for that. And if that does happen, that sounds like it could be a real deal killer.

I'll do my best. Thank you for the question. And part of why I say I'll do my best is because some of this will be on data substantiated information that we received from the industry where we always try to make at least data informed, factually defensible assertions. So I just wanted to copy out that upfront. As we shared in the June 2nd and followed up on the June 9th work sessions, Our staff are aware and regularly engaged with the industry in our area that have indicated that they rely on, and increasingly so, on data processing and data support that spans industries from biotech to high tech and advanced manufacturing to outdoor athletic and apparel to financial industries. It is very dynamic. It is very inconsistent across the board. So that's where we will try to come back with square footage limitations and things like that. It might be in the form of ranges or some options. We can come back to that if we get consensus. The point about the accessory use is we have seen different industries and different business entities shift that model of whether they prefer to host and contain their data and information processing the data centers on their manufacturing site, or whether they prefer to maximize their site for manufacturing purposes and then have that data center offsite, but very close by. And so I think to your question, if I'm understanding it, Councilor Harris, Does the risk of an overreliance on accessory use of data centers potentially hinder economic development efforts to bring in manufacturers and some of those other target industries? I think there is a very likely risk of that, both of new entities coming in because they would arguably need larger sites then to make sure that they have the data processing capacity on site. And for existing businesses, we oftentimes will see them, if we're lucky enough to have them continue to invest and expand here, they will actually kick parts of their operations off their site to go nearby. That can be data processing. It could be warehousing. And so what would happen is it could create a pinch point there of capacity on their site. And we can seek to try to better understand that. But I apologize. I don't know if we'll be able to get to fully quantifiable specifics or some consistency of findings in that regard.

Now, that's what I figured the answer would be, honestly. And I think that's a reasonable answer. Do we know what the current use capacity of usages of our current standalone data centers? Like, are they a hundred percent full? Do they have additional capacity? Do you have any information on that?

We have some information on that. Some of it was shared in the prior work sessions done by third party entities. We also are anticipating trying to get at some of that in the upcoming studies, which are part of the rest of the update tonight. And some of the question or the request you gave to us last month, to conduct those studies. We have heard that data center vacancies, especially for built-out facilities, is in the low single percents in terms of vacancies. So they are quite filled or in the process of being filled up as power is available, as the computing hardware going into them can be available. You all may also recall the study and analysis done by JLL, journaling LaSalle, that talked about the data center processing largely in our area is well north, approaching like 80% supporting technology industries in our area. So I think that also speaks to a part of your question of how much of that is potentially being used by some of those other use types that you talked about. Now, that is third party outside data. but data that we do rely on because they, that has come from industry inputs and then been aggregated.

Finally, my last question, and this is sort of off topic a little bit, but you know, in the healthcare industries, for instance, if you want to build another hospital, you want to do MRIs, you got to get a certificate of need. Is there such a thing? Is there certificate of need? Could we come up with some sort of a ordinance development code that says that the if a data center developer can show a certificate of need, they would be allowed to build. So that would probably require them to show there's a need within our manufacturing base or a new employer moving in, something that would allow us to give a certificate to a new standalone. And it wouldn't be an enterprise. Well, it might be an enterprise one for co-location. Wouldn't be a hyper, right? I mean, it would be something that was directly

accessory to and used by our is there anything like that i'm not aware of a certificate of need like formal process and requisition i am aware that we sometimes get insight into local companies using local data centers but even that is very difficult sometimes because of their own contractual agreements or confidential agreements to get tangible information there we would be open to if again there's a consensus of council to try and fold that in it would probably not be appropriate necessarily for this code amendment package but possibly into some of the study work that we're finishing the scoping just about to launch to see if we can get out a little bit more of that and if it becomes a certificate of need opportunity great we can bring that forward as an option if there's some other means that we discover we would try to frame that and bring that back in a subsequent conversation i would be interested in that because i think that it's a situation where

We could develop it in one way to restrict the type of developments that we prefer not to have in the city, but we may find an opportunity to have a large employer, high quality job or a school or a university or some research facility, but we don't have that. They could go through a process and we could say, oh yeah, there's 300 acres. We can expand beyond that. I agree. It's complicated. It's probably, you could be informed by the healthcare certificate of need process, I'm assuming. But I would be interested in that if you think it's a viable alternative after doing some preliminary checking. Go ahead.

Well, I was just going to say that first to just clarify the number. So this acreage, the 300 or 510 acres is 9.5% of our employment land. And the other thing, so, and when I drafted this language, there was essentially like a 10% capacity for, excess capacity. So there was more excess capacity. There was about 50 acres that was built in that would provide a little bit of more wiggle room. That 50 acres disappeared today when we got two new land use applications for data centers. That's 50 acres. So there, you know, the wiggle room there may need to be looked at. But also what I would say about the idea for the kind of certificate of need, it sounds... Sounds like something that we would potentially want to look at during phase two. One of the ideas or one of the feedback pieces was elevating the review process for data centers to a type three decision. And that sounds like something that we would typically have like a conditional use for something where it's not a use that's allowed outright, it's a use that would be permitted through a public hearing process. And that's something that we had on the list for phase two. And something certainly that I think the economic analysis that's going to be done and that's going to inform phase two might help us better understand that, you know, if we would be unreasonably restricting other industries by restricting data centers. The other thing I'll say is just that these limitations or these, you know, we're setting a baseline because we don't have the data center use in our code today. So we have to set a set. If we're going to define it, we have to set allowances or restrictions for it. There's nothing stopping you all from revisiting those during phase two. So, you know, you could revisit these allowances during phase two. If there's something that becomes apparent during the economic analysis that we've been too restrictive for some reason and you all want to revisit that, you certainly could.

Can I just, appreciating that it's almost 11 o'clock and some of us have been at this 16 hours, I don't know if this is maybe just one great final response to get council's feedback to this notion. If the heart of Councillor Harris's proposal, and especially if this is resonating with the rest of the council, is to still try to ensure that there's localized data capacity to support those other target industries, I think is at the heart of some of that last question of that certificate of need. If we are successful in coming back with some sort of this accessory limitation threshold that could go on site, we could, maybe this is just late and tired, but we could look at almost a transfer of development right opportunity that if I'm a manufacturing, I could have that 50,000 square feet on my site or I could transfer that to go offsite and be a standalone and there's some connectivity of the direction of like that supporting so that manufacturer locally as well. So that's early, it's immediately responsive off the cuff, but those are the kind of general pieces without the specifics that if council would like us to try to explore those a little bit more, either in the heart of this code package, but really maybe also a blend of this code package in those studies and looking ahead to phase two,

think about that we can take some that in now if there is consensus this evening or if you want to follow up we can think about that as well but i think that with those two things you've asked for almost tonight those could almost maybe work together in something that we've not really thought of yet so yeah just i think i think it's a really interesting idea and i would hate to lose out on jobs based on a arbitrary percentage that we offer or that we we put down initially so i'd love to have that on the table when i like the transferable development credits we look sort of like height restrictions right

It's complicated, but I like it. Both of them going forward in phase two. Like I say, let's get this phase one done.

Yeah. Counselor Sinclair, did you have a comment?

Yeah. I literally feel like maybe there was a separate conversation prior to this moment because I, how are you getting, so you just said, for them to come up with some type of certificate that outlines the quantification of the land versus the need. And is that basically?

No.

Well, I'm here. Okay, then. I'm not seeing what you guys are seeing in this conversation, because we have, I don't even know what the number of applications that have been received in whole Uh, for data centers, like, we should have an idea of what's being demanded right now. And we don't have that information in front of us. So that's what you're asking for basically.

Well, what I'm saying is, if we, if we were to impose. Acreage limits that that would pretty much. Mean no further standalone data, and that might be fine. But if the economic analysis or the future changes, and it could be different, could be we get chips that are so fantastically efficient, we don't need as many buildings, right? But if the situation arises where we're losing out on good job opportunities, because those opportunities need data processing that we cannot build, that it could be a situation where if certain criteria are met and we voted on it as a council and we agreed to it, that maybe there's a certificate or transferable rights that are issued that would allow another center in the future. so that we didn't lose out on the job. Not one to build a FedEx or a Meta or an X or LinkedIn or anything like that. That's not the idea. The idea is it would be to support the local manufacturing job creators. I don't know that I mean, I don't know what exactly that would look like. I'm not proposing to build any new data centers. I'm not trying to build that into the system just to build data centers. That's not the purpose. The purpose is to make sure it'd be sort of like saying, well, we might need to build another substation. to support this job creating manufacturer who wants to move in there, right? But we banned them. But if there's a need for it, maybe we should consider it is what I'm trying to say. Does that make some sense? I'm not even sure what eventually it would look like, but I know in the healthcare field, for instance, which is where I came up with this thought, you don't wanna have 20 hospitals because none of them will survive, right? but you need enough hospitals to deliver healthcare. And so there's a process to get a certificate of need for healthcare diverse within the community that makes sure the healthcare system is healthy and is serving everybody, but is not cannibalizing each other.

I don't think we have that problem right now with healthcare here. I mean, it's needed, but we're not even working. I mean, I know we're getting in the weeds now, but I don't know what you guys are talking about right now, how you're getting to this conversation. I honestly don't. Do you? No.

so correct me if i'm wrong counselor harris but the idea is we're giving guidance to them okay and so yeah and so one of the ideas that counselor harris just proposed was that if we say here's a manufacturer and we're only allowing them let's say 30 of their land can be used for a data center then that manufacturer might say we can't come to hillsborough because we need more than 30 percent And so the idea is that they could use data processing at one of the local standalones, right? Let's just say at QTS. And they'll say, we need more data, and so we wanna put it at, I'm just using it as an example, at QTS. And so then a local standalone data center is supporting a local manufacturing, which then would support local jobs. And so if that company can say, hey, we can prove that we need this data processing, will you allow us to then use part of QTS? I think it's an, am I right? Am I on track or no?

Largely, but it would be probably an expansion of the QTS footprint, you know, and maybe no one likes that. That's fine. I'm just saying it's something worth exploring.

Yeah. Marpace, I actually appreciate that you just try to break down and communicate. I really appreciate that. I mean that sincerely. And President Harris, I am trying to stay afloat to what you're saying. I'm not understanding where we're currently at with data centers. So how can I understand where we're going with data centers? So it feels like we're missing a step with trying to control regulations and that we're continuing to still go forward before we've even set what the current regulations are to get us stable on the ground and we're still projecting forward. I don't understand what we're projecting forward. Is there applications trying to give us more jobs that require the larger lots to where we're already building our first baked infrastructure in that?

The idea is that he is suggesting flexibility. That's all. As we're coming up with code, You know, as we're giving them guidance, so we're not coming up with code. Rachel, you're coming up with code, and I want to acknowledge that. That we're giving guidance to provide flexibility. That's all. And if there's other guidance that you want to give around the proposals... Go for it.

And Mayor, if I can, what we heard is very metered and potentially regulated flexibility is just that's what we're going to, the essence of what at least we heard discussed. Now, whether we have consensus or not, we'll still await that clarity this evening before we leave here to start that additional work. But it was seek some flexibility, tie it to the local economy. and then make sure that it's still metered and regulated to some degree, which is where we'll have our work cut out for us. But we don't do this because it's easy. We do it because it's important, and we've heard it from the community, and we've heard from you to do it. Right.

Okay. I would like the idea of what Harris said if we were talking about a hospital. We're not talking about a hospital. We're talking about a data center, and we want to give them another break to maybe see if they're going to be able to use that extra space or not. We're sort of gambling here. on whether or not they're going to be able to use that space. I think we continue to give them a break like that. Why are we being so friendly to data centers? If we want to have a company come here and provide the jobs, which is what we used to do, then that's what we would do. We know what those jobs are. We would know what the future projections would be, right? Because I don't think you would enter into that kind of agreement without really knowing. I think it's not a bad thing to be flexible with a data center. But I feel like we do not have a grip on where data centers are right now to be able to regulate. That's what I feel like. And I feel like they're sort of happening no matter what. And all we're trying to do is put down some gates. We're trying to put down some regulations. And no matter what, how we try to do it, you just have to imagine that these things are happening anyhow. The data centers are happening anyway.

Well, the specific question I asked was, what is the current vacant capacity at the existing data centers? Single digits, basically, which means capacity. which means then I thought, well, OK, what if we have a manufacturing facility that needs computing services? We picked these numbers arbitrarily, 200 to 300. We just picked them. There's no magic in it. And so what we're doing is I The reason I suggested a certificate of need is because there is a process that a applicant would have to go through to find these, however many criteria we decide to impose or to use, right? And they have to show every single one of these. They don't just get to file a development permit. They don't just go ahead and get 100 acres because they think they need it. they would have to go out and get probably the end users who would have to come in and certify that, yes, this is an economic necessity and a benefit to our community, and this is how it benefits, whatever criteria we will make up. The bottom line is this is not ready for prime time. It's nothing we should be discussing in phase one of this anyway. Let's get on with this. It's past 11 o'clock now. I do think it's a good idea that should at least be explored, but I'm not proposing that we take any consensus on it today because we don't need to. And so let's move on. But it was just an idea I thought of when I started asking the questions about capacity in the acreage.

Okay. Dan and Rachel, what other guidance do you need? You got guidance on timeline. You got guidance on this. And then also to the point that Councilor Sengar-Clair brought up and others, we'd love more time with it. Yeah. Right. And so do you have the general guidance you need so far?

I think we do. I'd love to just summarize, given the late hour, just to make sure we heard it right. And then again, please, as we've discussed, if you want to take additional time with this and have questions, direct those through city manager's office and staff will then coordinate responses back. But the consensus points, I'll take a first crack. Rachel and I were trying to briefly compare notes was, first of all, I'll go to the process and the timeline side. I believe we heard consensus on hold a potential date for September 1 for a possible work session. Let's explore that and get back with council. Don't schedule it yet, but just evaluate that and follow up.

Yeah, just hold that to council or all CARES requests. Great.

We heard a general consensus around the accessory used to explore, I think, from Councillor Case's idea, some percentage cap, whether it be total square footage, site acreage or other, that puts assurance that it really is accessory to that other use. And we'll explore something along those lines and come back with policy concepts in this code package. Is that a consensus point that we heard appropriately? Yeah.

I'm so sorry, can you say that again slower?

Sure. So there was a request and a proposal that when we're talking data centers as an accessory use for data storage as an accessory use to something. Putting some parameters on how much of that. Site or that use can really be used for data center. And we'll explore whether that's most appropriately done as a square footage limitation, or a percentage of the square footage, or perhaps a percentage of the site acreage. But I think there was a solid consensus.

Yeah, we did discuss that. Yeah.

Yeah. Did that help clarify? Sinclair? And then the last one, right? I mean, Councilor Harris, I respect your point about do we need consensus or not? This notion of looking at some, trying to tie back to that, the only reason why that would be important to try to get some sense if there's consensus or not, that like notion of explore possible transference of some of that capacity for that metered, monitored flexibility. would be it could dovetail into what we're going to seek to do with the accessory use, even though part of that would definitely need to probably fall to phase two when we've done some of those additional analysis and come back with the second code package. That one, I don't think I heard a solid consensus on, but if the council can give us a sense of consensus of, yes, we kind of want to explore possibly that meter flexibility, that would help us, I think, especially as we think about that accessory use approach to that we do have consensus on.

Okay, thumbs up on that just to look into it.

Not right now.

Okay.

Councilor all care to look at it.

That's all you're just one just to explore what a potential option would look like and bring it back at some point in the future for further discussion.

I feel like it's for future discussion.

That's right.

So how would it help us to take a look at that now and helping council come to consensus on what we want to do? How would that, doing this now for a future conversation, how will that help us counsel?

I believe, Councillor Sinclair, it would be somewhat helpful as we take this initial code. I mean, I'm sorry, Councillor Allcare, We're all tired. This initial code package is seeking to do two things as we've discussed, create those use categories and start to limit them in the zones or prohibit them in the zones. By having this conversation, trying to look at that, it may help with the clarity of what are those thresholds limitations in the zones now and where might you need or want to revisit them in the future after we update them in this phase one. I hope that does justice to your question.

Okay. And your thoughts, Councillor Alker, if they can.

Go ahead and look at it.

Okay. So you have majority on that one. Any others, Dan?

Those are all I had.

I'll just check in with Rachel if that's okay, in case I missed anything. Is it possible to tell us where we're currently at with it? To get an idea of what the demand is currently before we try to figure out where we're going with the demand. I mean, council doesn't have an idea of what the majority data center, I mean, you have shown us what things are, but I don't know the acreage of what's associated with the definitions. Do you understand what I'm saying? I have no idea. So when you guys are talking about land that accessory dwelling units are in, I'm sorry, give me just one moment. So

Did you say accessory dwelling units? I'm sorry.

I'm tired, too. Yeah, yeah. We're all tired. One second. I'm sorry, Mary. I'm not being rude to you.

No, it's all good. I just want to get clarity so we are all on the same page.

Proposed data center use restrictions. So you guys were talking about IP, which is 200 acres, and IS, which is 305 acres. So what goes into what type of data center qualifies? And it would be accessory use, correct? Yes. Is that wrong?

Yeah. These acreage limitations would be for standalone data centers. Data centers as a primary use, that's all they're doing is data center. The acreage limitations would not apply as a cap for an accessory use. I think that's where the idea of the percentage limitation would be. So that, for example, someone couldn't come in and say, well, I am a manufacturer that needs a data center, but my manufacturing building is a thousand square feet and my data center is 50,000 square feet. I don't know that those are the sizes of either of those buildings, but you know. But we want to prevent that. Disproportionate, yeah. So the limitation would be to avoid that. So if someone's saying it's accessory, but really it's, you know, they're, you know, putting a different use on the site to get a data center. Right. These acreage limitations would not apply. Generally, when it's an accessory use, we would have those percentage limitations to quantify how much of a site someone could use in some way, whether that's square footage or acreage for accessory data center.

So I think what I'm confused on is not understanding where we're currently at with the same methodology that you're talking about for future projecting. Why don't we know as a council what that currently is?

As far as how many data centers, what the acreage of data centers that we have is. Yeah. So we do have that. And those numbers are on the FAQs. Sorry, I'm scrolling all the way to the end here. Those numbers are on the FAQs. I know this map is small, but this map will be available. We'll put it on the FAQs. This is an updated map that just came off the press at 4 p.m. today, 5 p.m. today. So the numbers of data centers that we have, that are vested, that have land use approval, those are on the website, but we're currently updating them today since we got two applications. And so essentially the acreage that we currently have in the IP zone Is 203 acres in the zone is 303 acres. So these limitations. Like I said, they had previously been accounting for a little bit of overhead on that to allow. Very limited additional data centers that capacity is now gone. So these numbers are essentially allowing for. 2 additional acres to an IP and 2, and that's what this number is representing. So it's a very strict approach of limitation based on the fact that we got two new applications today. And like I said, these were, Um, you know, I came up with these based on percentages that we used. You know, using the methodology from Jackson, he's looking at our total employment lands 210 acres. And looking at a percentage of that, it just so happened that it's somewhat aligned with how many we have already. And these are not percentages of the zones. Obviously, we have a disproportionate amount. In is compared to how many acres of zone we have in the city. We have a lot more zone zoning in the city than we do is acreage wise. And I can get you those specific numbers too. If you want to know how many total acres are in the IP zone and how many total acres are in. I certainly gave you this. Thank you.

I think that would be helpful. And I think as you guys are getting information, then you should be sharing that with us. And you finished this at 4 o'clock? Is that what you said? You finished this at 4 o'clock?

Oh, just the map and the numbers. So, I mean, you know, the city manager's report reflected that we got two development applications. We got those this afternoon at like 3.30. So, we're giving you the information as soon as we get it. We're trying to.

So, I think those are the kind of updates that we should be getting at this point since they're going to be happening. We are talking about things that these numbers are no longer relevant, right? Because it's already changed. So I think that that's what we need. And while I can read those letters, and yes, we have said what some of them are, I have no idea what they are. So if you can provide a definition of all of those and are prohibit, that would be helpful. And also, I guess it would be good to know if data centers and companies are already exchanging percentage of space that they might need for their company. Is that already happening? Is that already happening? We're just kind of thinking that it might happen. Is that right? You're saying you want to reserve 30% of a company's space is going to be reserved for future just in case, but

I don't believe we said that I, I may be with a confusion point. There could be is if it's an accessory use, we're going to look at some. Threshold on that site that the accessory used to be so great.

So is that already happening? Is that something that already is happening?

yes we do have businesses and companies and hospitals and banks that have data processing and storage part of their facilities at varying scales and and specifics then can we get a summary of that we don't have specific that's what i was trying to copy it earlier we don't have the specific data of each and every one of those we just know them to exist and we get some of that feedback more anecdotally from those users but with the code that we're recommending

We can control it. We're trying to.

We can set a threshold or a parameter or a range for that. That's part of one of the consensus points that we will evaluate, try to bring back and have it be as data informed, both current and prospectively as possible. Right.

With the intention that if somebody says they want an accessory unit. that it's actually the whole thing, right? They want an accessory data center, right? I did it. That it's not the whole dang thing, right? By setting a percentage, we're preventing that. We're preventing somebody saying, oh, it's accessory when it's really the whole thing.

I think I need to see more examples to see how that works for me to think that that would work in this case, okay?

All right. Did you get what you needed? All right. Thanks so much, Council. Thanks so much, staff. Rachel, thanks so much for all the work you've been doing. Dan, thank you as well. Chad, Simone, thanks. Thanks, everybody, for being here. Have a good evening.