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Agenda Packet - 2001-08-07
Lake Oswego City Council I� o�nin Meeting of f}� 2001 City Councilors Judie Hammerstad, Mayor Jack Hoffman, Council President Ellie McPeak Karl Rohde Bill Schoen Gay Graham John Turchi CITY COUNCIL, SPECIAL MORNING MEETING Tuesday, August 7, 20.E 7:30 a.m. Council Chambers City Hall 380 A Avenue AGENDA Also published on the internet at: ci.oswego.or.us Contact: Robyn Christie, City Recorder E -Mail: public_affairs@ci.oswego.or.us Phone: (503) 675-3984 This meeting is in a handicapped accessible location. For any special accommodations, please contact Public Affairs, (503) 635-0236, 48 hours before the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. REVIEW EVENING AGENDA 4. REVIEW FUTURE AGENDA ITEMS 5. OTHER BUSINESS 5.1 Sensitive Lands Discussion (Heisler) 5.2 Livable Oregon (Rohde) 5.3 Reclassification Plan (Deardorff) 5.4 Residential Height Discussion (Council) 5.5 Country Club Road (Heisler) 5.6 Lake Grove Sign (Powell) 6. ADJOURNMENT City Council Agenda August 7, 2001 Page I CITY COUNCIL / LORA TENTATIVE SCHEDULle ROLLING UPDATE DATE MORNING MEETINGS EVENING MEETINGS — 7:30 a.m. — 6:00 p.m. Tuesday, No meeting scheduled August 14 Tuesday, No meeting scheduled August 21 Tuesday, No meeting scheduled August 28 Tuesday, • Agenda Review Regular Session September 4 e Future Agenda • Boones Ferry Corridor Policy Advisory Schedule Committee Recognition • Discussion on • Bid Award for Palisades & Melrose Sewer Lift formation of* tree Stations Upgrades ordinance re -write • Recognition of Excel Excavation for task force volunteer work • Updating Eagle • IGA with Clackamas County for isork in Creek Testimony right-of-way (Res. 01-64) Public Hearings • Sensitive Lands/Contested Sites IGLU 00-00$0) • Street Vacation of portions of l0` Street south of Evergreen (Ord. 2304) Monday, ,special Meeting September 10 • Lake Interceptor Report Tuesday, Special Meeting with TAB September 11 • Boones Ferry Road Corridor Study Monday, Eagle Creek Tour formation Session (4-6 p.m.) September 17 Time to be determined • Local Street Connectivity (LU 00-0015) • Mode Split Targets (LU 00-0018) Tuesday, • Agenda Review Dinner meeting with HRAB 5:00 p.m. (courtroom) September 18 • Future Agenda Regular Session Schedule • Council Budget: status report update • Sister City Status Report Thursday, Mayor and City Manager meeting with Board September 20 and Committee Chairs 5:30 p.m. Council Chamber Tuesday, No meeting scheduled September 25 Monday, h1formation Session (4-6 p.m.) October 1 BOLD ITEMS — News Issues added to Calendar Items known as of 8/2/01 N:\Agendas\Agendafonns\Schedule.da CITY COUNCIL / LORA TENTATIVE SCHEDULF, ROLLING UPDATE DATE MORNING MEETINGS EVENING MEETINGS — 7:30 a.m. — 6:00 p.m. Tuesday, Agenda Review Regular Session October 2 Future Agenda Schedule Public Hearings • Local Street Connectivity (LU 00-0015) • Mode Split Targets (LU 00-0018) • East End Commercial District Housing Amendment (LU 01-0027/Ord. 2306) Tuesday, Special Meeting October 9 • Joint meeting with Planning Commission Monday, I►Ifi2rmation Session with PRAB October 15 Main Fire Station (4-6 p.m.) • Parks and Recreation Master Plan • Park Rules • Park Fees Tuesday, Agenda Review Regular Session October 16 Future Agenda Schedule Public Hearings • Transportation Public Facilities Plan — Bryant Rd. (CPA) (LU 01-0029) • Proposal to annex .05 acres at 13020 Knaus Road (AN 01-0005/Ord. 2305) Tuesday, ,Special Meeting October 23 • Long Term Care Housing (LU 99-0070) • Density Guidelines (ZC 7-98) Tuesday, No Meetings_ October 30 Tuesday, Agenda Review Regular Session November 6 Future Agenda Schedule Public Hearings • Long Term Care Housing (LU 99-0070) • Density Guidelines (ZC 7-98) Nov 9-11 League Qf Orem Cities — F'ug -n BOLD ITE S - News Issues added to Calendar Items known as of 8/2101 N:\Agendas\Agendafonns\Schcduic.doe CITY COUNCIL / LORA TENTATIVE SCHEDULE ROLLING UPDATE NO SPECIFIC DATE Al -1-11IS TIME STATUS • Council Citizen Forum........................................3 Times Yearly (March, June, September) • Joint Meeting with School Board........................Quarterly • Council goal update.............................................Monthly • Consolidated Land Use Map LU 99-0002 ..........Awaiting Planning Commission decision • Density Proposal to Metro ..................................Autumn 2001 • Variance Criteria (LU 99-0059) ..........................Following further input by interested parties • Evaluate Board and Commission .......................July 2001 Interview Process • Long Term Care Housing...........................Awaiting Planning Commission decision • Lake Interceptor Report .............. Awaiting scheduling • Clackamas River Basin Council ........................ .After September 15 • Water Policies l• Sign code policy re: open house signs ...............Awaiting scheduling BOL ID TEMy — News Issues added to Calendar Items known as or 8/2/01 N:\Agendas\Agcjidafonns\Schedulc.doc CITY OF LAKE OSWEGO 5,1 AM AGENDA REPORT SUMMARY 08/07/01 MEETING DATE: August 7, 2001 SUBJECT: STUDY SESSION REGARDING THE STATUS OF SENSITIVE LANDS CONTESTED SITES RECOMMENDED MOTION: No action is required. Council requested information regarding the progress made to date in completing City review of those parcels for which property owners contested the City's Sensitive Lands Overlay determination. EST. FISCAL IMPACT: STAFF COST: N/A BUDGETED: Y N FUNDING SOURCE: 11�t DIRECTOR Si no /date ATTACHMENTS: Heisler Council Report with Attachments ASST. CITY MANAGER Signof /date 1JImie-h//Council CoNcr MemNSemime lamih 1Ilxlate PUBLISHED NOTICES (Date)_ Ordinance no.: Resolution no.: Previous Council consideration: Various sites. Hearings between 1998-2000. CITY ANAGER Signoff/da --.-- CITY OF LAKE OSWEGO COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: Jane Heisler, Project Planner SUBJECT: Study Session Regarding the Status of Sensitive Lands Contested Sites DATE: August 1, 2001 No action is required. Council requested information regarding the progress made to date in completing City review of those parcels for which property owners contested the City's Sensitive Lands Overlay determination. In 1997, the City Council adopted ZC 2-97/PA 2-97, which added the Sensitive Lands chapter to the Zoning Code (LOC 48) and adopted the Sensitive Lands Overlay to all parcels that were determined to meet the minimum scoring when they were inventoried and analyzed. The adoption of the overlay and protection program established two levels of protection for those inventoried natural resources in Lake Oswego that met the minimum criteria, with the exception of those parcels for which the owners contested the validity of the evidence provided. If the location or quality of a mapped resource was contested, and where staff had reevaluated the inventory and mapping and found these to be correct, the property owner had to provide evidence to support their claims of insufficient or incorrect evidence. Because each property that was designated has been assessed according to strict Goal 5 procedures that have been established by the State, any contested resources are subject to the same criteria. Therefore, valid contentions must focus on either a disagreement with the location of a resource, disagreement that a resource qualifies as "significant", or that a conflicting use outweighs protection of the resource on the subject property. When the City gave property owners the opportunity to contest their sensitive land designation, 35 property owners (representing 65 tax lots) requested review of their sites in a public hearing. Seven property owners later withdrew seven parcels from the contested list and 27 property owners have had their parcels reviewed according to the established process. This leaves 9 property owners representing 30 parcels in all. For all properties reviewed to date, the Council's Page 1 of 2 Council Report - Study Session - Sensitive Lands Update determination has been that the sensitive lands designation should remain on the portions of the site where mapped, or in some cases, be increased. The following chart represents the activity to date: Activity Number of Owners Number of Parcels Beginning List of Contested Sites 35 65 Reviewed to Date 19 28 Withdrawn from Contested List 7 7 Remaining to be Reviewed 9 30 The sites that have not yet been reviewed have not been designated on the Zoning Map with a Sensitive Lands Overlay. Until these parcels are reviewed in a public hearing at Planning Commission and Council, the City is unable to designate them as Sensitive Lands. Per the City's records, the remaining parcels to be reviewed are found in Exhibit 1, Page 1. The parcels shown on page two includes those which have been reviewed as well as those voluntarily removed from the contested site list. The parcels designated under the column heading "Type" as TG include tree groves, those listed as SC are stream corridors, those listed as WL are wetlands and ATG stands for associated tree grove. ATGs are tree groves that are abutting a water feature such as a stream corridor or wetland. Under the "Category ID" column RP represents a Resource Protection designation, which includes stream corridors and wetlands that have a Habitat Assessment Score (HAS) ranking of 50 or more (defined as Class I stream corridors and wetlands) or stream corridors and wetlands that have a HAS ranking of 35-49 or a "high" ranking for scenic values (defined as Class II stream corridors and wetlands). RC represents a Resource Conservation designation, which includes significant tree groves having a Habitat Assessment Score ranking of at least 35 or a "high" ranking for scenic values, or is associated with a stream corridor or wetland that has an RP ranking. Those parcels designated RP on the list could be considered higher valued resources, due to the higher functions and values found at these sites. Jnne_h/Council Report — Sensitive Lands Update.doc Page 2 of 2 Council Report — Study Session — Sensitive Lands Update SENSITIVE LANDS CONTESTED SITES REMAINING ResourcelD Type Category Map Taxiot TG 010 TG RC 07AB 00400, 00500, 00600 TG 010 TG RC 07BA 00700, 00800, 00900, 01000 TG 025 TG RC 08BB 05400 TG 030 TG RC 06-- 00600 TG 035 TG RC 06-- 00500 W017 SC RP it OBBB 05300 W 020, W 088 SC RP I, RP II 07BA 00501 W 037 SC RPI 17DB 01804 W 052, W 053 WL RP Il, RP I 08BB 05300 W 063 ATG RC 06-- 00800 W 075 SC RPI 14BB 01300 W 075 SC RPI 14BA 00600 W 088 SC RP II 07BA 00700, 00707, 00900, 01000 W 088 SC RP II 07AB 00500, 00600 W 088a SC RP II 07BA 00100, 00200, 00290 W 088a SC RP II 07AB 01000 W 097 SC RP II 15AA 00100 W 098, W 099 SC RP II 1 1 CC 04500, 04400 Location Name Address City Kruse L.P. Assoc. Ltd. 220 NW 2nd Ave: #1050 Broadbent Development 220 NW 2nd Ave Portland, OR 9720 Safeco Ins Cc of Americ Safeco Plaza Seattle, WA 98185 Fidelity & Guaranty Life I Five Centerpointe Lake Oswego, OR Fidelity & Guaranty Life I: Five Centerpointe Lake Oswego, OR 4101 Kruse Way Safeco Ins Co of Americ ,Safeco Plaza Seattle, WA 98185 Broadbent Development !220 NW 2nd Ave Portland, OR 9720 Doris W Wirtz 3015 Royce Way ,Lake Oswego, OR 4101 Kruse Way Safeco Ins Co of Americ Safeco Plaza Seattle, WA 98185 Fidelity & Guaranty Life I Five Centerpointe Lake Oswego, OR Clifford M Johnson 2256 Glenmorrie D,Lake Oswego, OR 2818 Poplar Way Carolyn Jones 2818 Poplar Way Lake Oswego, OR Broadbent Development 220 NW 2nd Ave Portland, OR 9720 Kruse L.P. Assoc. Ltd. 220 NW 2nd Ave Portland, OR 9720 Kruse L P Assoc. Ltd. 220 NW 2nd Ave Portland, OR 9720 5335 SW Meadow Broadbent Development 1000 SW Broadwa Portland, OR 9720 Thomas & Esther Nelson 1505 Cherry Ln Lake Oswego, OR Margaretha & Edward Le 2125 Lilli Ln Lake Oswego, OR SITES WITHDRAWN FROM CONTESTED CATEGORY BY OWNER W 039 SC RP I 10CC 01500 1679 South Shore Jeffrey Grimm, Trustee 1631 South Shore Lake Oswego, OR W 045 SC RP 1 10BA 05300 Steve & Doris Baird 762 Lake Forest Dr Lake Oswego, OR W 047, TG 022 SC RP I, RC 10DD 01300 1 107 Yates St. Antonette Duncan .1107 Yates St Lake Oswego, OR W 061 Sc RP I 0313C 05900 Melone Family 'Trust 598 Milburn Ct Lake Oswego, OR W 072c Sc RP I 08AD 00500 Phil Wentz 2855 Brookside Rd Lake Oswego, OR W 075 ATG RC 14BB 03600 '01300 Edmund & Mariel Ames 2066 Glenmorrie D Lake Oswego, OR W 122 SC RP I 03DA 23 E Avenue Glenn Heard 1968 Glenmorrie L Lake Oswego, OR Page 1 ResourcelD TG 003 TG 005 TG 018 TG 018 TG 022 TG 025 W 008 W 011 W 011 W 011, W 014 W 011, W 014 W 047 W 072c W 072c W 072c W 072c W 072c, TG 028 W 073a W 084 W 107, TG 018 W 114, TG 018 Type TG TG :SC TG TG TG SC ATG ATG SC, WL, ATG .SC, WL, ATG SC SC SC SC SC SC, TG SC WL, ATG SC, TG SC, TG SITES REVIEWED TO DATE Category RC RC RP II RC RC RC RP II RC RC RP I, RP II RP I, RP II RP I RP I RP I RP I RP I RP I RP I RP 11 RP II RP 11 Map 16CB 07AD 09CD 09CA 10DD 08BB 10CC 17CC 17CC 17CC 17CC 10DD OSAC 05DC 08AC 08BD 08AD 03BC 17AB 09CC 09CD Taxlot 00400, 00401 02300, 02800, 02802 !00100 00900 00200, 00700 05000, 05090 108300 01000 01100 01200 00800 '00200 04300 03500 04200 01200 00300, 00400 03700 07700, 06400 00400 :00200 Location Name David & Jennifer Roe Gerald Mock Trustee 1745 South Shor Edward & Nina Hoffmann W Bart & Tara Lematta James & Rosalyn Hinzdel Pearl Kruse Douglas Seely 18505 Bryant Ro Ronald H Ziegler Ron H Ziegler Stafford Hill Devlp Co Inc. Kent H Ziegler 1250 Gans St. James & Rosalyn Hinzdel 3105 Douglas Cir Jack Hanks, Jr. Robert & Barbara Eidson Mark Wagner Barbara & William Wadman 2725 Iron Mtn. B Lake Oswego Hunt Club William Knuths William & Beth Gerber Katherine Brady & Robert D Yiichiang Kahn Address City 2040 Ridge Pointe Or! Lake Oswego, OR 97034 4920 Parkhill Lake Oswego, OR 97035 PO Box 484 Lake Oswego, OR 97035 1715 Edgecliff Terr Lake Oswego, OR 97034 1250 Wells St Lake Oswego, OR 97034 6720 SW Dover St Portland, OR 97225 1780 SW Advance West Linn, OR 97068 18517 Bryant Rd Lake Oswego, OR 97035 4140 Canal Rd Lake Oswego, OR 97034 4140 Canal Rd Lake Oswego, OR 97034 18517 Bryant Rd Lake Oswego, OR 97035 1250 Wells St Lake Oswego, OR 97034 333 S. State St., #1 Lake Oswego, OR 97034 14825 Rainbow Dr Lake Oswego, OR 97035 3109 Douglas Circle Lake Oswego, OR 97035 3687 Red Cedar Way Lake Oswego, OR 97035 PO Box 2030 Lake Oswego, OR 97035 490 Boca Ratan Dr Lake Oswego, OR 97034 17177 Cedar Rd Lake Oswego, OR 97034 2327 Corwin Road Bullhead City, AZ 86442 1755 South Shore BI 1 Lake Oswego, OR 97035 l kd fVn CITY MANAGER'S OFFICE TO: Judie Hammerstad, Mayor Members of the City Council FROM: Douglas J. Schmitz, City Manager SUBJECT: Management Pay - Reclassification Plan DATE: 2 August 2001 REQUESTED ACTION MEMORANDUM Council is requested to review the attached information, discuss on the morning of 7 August and, if a consensus is reached at that time, to instruct staff to prepare a resolution for Council consideration that evening. BACKGROUND On 17 July, in the morning session, Council was presented a management compensation proposal, which included comparisons with cities in Oregon, Washington, and California. At the conclusion of that discussion, Council stated that for comparison purposes, it wanted to use Oregon cities exclusively, but that Lake Oswego should be at the "top" of Oregon cities' compensation for managers. The discussion of management compensation arose during discussions on the recruitment for the Community Development Director. ANALYSIS Per the Council's directive, staff eliminated comparisons with Washington and California cities and inserted the Oregon cities of Tigard, Eugene, Salem, and Medford. After gathering comparative information on 10 Oregon cities, two versions were prepared for further consideration: a comparison of the top 10 Oregon cities and of the top six. MEMORANDUM: Management Compensation - Reclassification Pian Page 2 2 August 2001 Attached are charts of Version 22A (top 10 Oregon Cities) and Version 24 (top six Oregon cities). I have also included for comparative purposes the original document of the tri -states, which the Council reviewed on 17 July. A summary comparative chart of specific positions has been prepared of Version 21 (the tri- state proposal), with Versions 22A and 24 also shown. A copy of the summary comparative chart is attached. As shown on the summary chart, the difference between Version 22A and Version 24 ranges from insignificant, as in the example of the City Engineer's position, to significant, as in the example of the Community Development Director and Fire Chief. It is important to note that the sample comparative chart and the "Analysis of Comparative Monthly Salaries of Top Oregon Cities" focus on just a few of the overall management positions which would be adjusted by any change. Any adjustment would impact approximately 60 employees. FINANCIAL COMPARISON The differential between the three comparative versions (21, 22A, 24) is negligible. The version presented to the Council on 17 July had an estimated impact of $257,379. Version 22A is estimated to cost $258,023; Version 24 is estimated at $257,125. Attachments Management Pay: Lake Oswego Percent "Ofr' Market SAMPLE Position Title Version 21 (OR, WA, CA) Version 22A (Top 10 Oregon Cities Version 24 (Top 6 Oregon Cities) AVERAGE Community Dev. Dir. 18.93% 14.19% 19.38% 17.50% Police Chief 18.32% 12.92% 17.93% 16.3911% Fire Chief 17.28% 12.13% 16.62% 15.3411/0 City Engineer 12.62% 8.36% 8.24% 9.74"/o Human Res. Dir. 15.22% 15.81% 20.19% 17.07/0 Parks & Rec. Dir. 22.40% 12.47"/o 6.79% 13.88"/o Asst. City Manager 20.52% 18.32% 20.06"/" 19.63"/" ESTIMATED COST $257,379 $258,023 $257,123 1 August 2001 r3eavetton, OR Gresham, OR Hailsboro, OR Kokland, WA Mercer Island, WA Raimcmd, WA Skinterey, CA Caconado, CA S;vmgfield, OR Ccw allis, OR Bead, OR -- Number of com Median of all c Average of comp LO-Cwrent ovct(under) avg Compression ape LO -Proposed over(under) avg rnmpression spr of Comparative NlunIli IN, Salaries iM I I selective Cities (adjusted for PERS differen ps, omps ver Police firc Other Directors Chef Captain Lieut. Sergeant Chief Asst FC 1' Mrsll Bal Chief C'it • Fn Maint Dir 11R Dir Lib Dr Fin Db P&R Dir PERS Adjunct& ACM CD Dir air 9,544 8,601 8,802 6,425 5,983 8,601 7,2.28 -- 8;sil 7,258 8,601 no 8,117 8,545 8,545 6,962 6,285 8,545 6,962 6.962 6,285 8,117 8,117 --1rb}3 no --9;789 7,985 6,425 5,562 4,812 7,985 6,425 6;128 5,562 --�;I-7{{ 6,908 6,908 6,908 PnVFire 4 5% FY, paid 9,738 8,721 -9ra31 -9-.r s i 7,773 6,311 7,115 -J9463 8,721 Pot fire 41%EF prod 9,000 8,500 6,938 6,938 6,333 --8;309 -;b 8,500 8,500 PolArua 4.5X FF paid 8,386 8,616 8,333 8,276 7,909 6,974 8,386 9,085 ---8,329 PS 914, Mgmt 7% ET paid 9,058 --8;8s9 8,848 8,686 7,599 5,966 7,579 7,736 7,936 7,736 no 9,060 8,106 9,060 9,060 -9OGp 7,379 6,099 7,379 -o,e'9 7,379 PoLFire 6% KE paid 7,542 7,183 --6;776 5,683 4,926 --6;716 5,683 5,683 6,327 5,736 6,516 6. 4-7 7,183 no 7,394 7,764 7,764 6,481 5,170 5,478 7,764 6,481 6,481 5,917 6,481 8,152 -1,764 8,152 7,394 8 ...---6_E43 71464__....__._ TAS __.-- - ------- 3-7� 7464 1,461 ------- 7464 ------ 7 8 8 4 9 5 excluding hightlow 9 8 9 5 4 3 8 3 4 4 9,000 8,523 8,333 6,425 5,773 4,926 8,130 6,481 6,455 5,800 7,599 7,101 7,288 7,319 8,117 7,736 s, excluding high/low 8,711 8,255 8,193 _ 6,395 5,750 5,072 8,090 GLG23 6 389 avg - 6,469 5,862 7,289 6,901 7273 7,320 7,994 7,946 Avera a of these 6 positions - 7,454 6,369 6,369 6,166 6,166 6,166 6,166 6,947 6,692 6,692 6,060 5,272 4,632 6,692 6,060 6,060 5,540 % -20.52% -18.93% -18.32% -5.24% -8.31"0 -8.68% -17,28% -8.50% -5.15% -5.49% -12.62% -7.71% -15.22% -15.77% .22.87% -22.40",, 10.43% 14.95% 13.82% 10.43% 0.00°6 9.39% ern196 -before 8,193 6,469 5,573 5,101 8,193 6,469 6,469 5,862 20) 8,741 8,193 7,454 7,454 7,454 7,454 7,454 7,454 % 0.00% .0.75% 0.00% 1.16% -3,08% 4 55% 1.27% -2.33% 1.25% 0.00% 2.26% 8.01% 2.49% 1.83% .6.76°0 -6.Ir"„ end %- a ier 26.65% 1608% 5,09% ' 26.65% 000% 10.35% Assistant City Manager 10,000 -_- ♦ - -- ').000 7.000 • Community Development Director 10,000 --- -_ 9000 8,000 7.0O0 6,000 .. .. _. .. _..,.._ _, _._ �.�-...�_ii.-..-.♦ , 0705_lrlpmt Ren_v21 Police Chief 10.000 --- -------------- {,DDD __. _.♦. a.�'•""�-_.. 7,000 -__..___..._._.___._.♦_-___._.___._�.-__--�- 6.000 ... - - --............-Y..___.-...-...._.. J 11 Is City 19118inneer 10,000 -- --------- - ----- 9.000 __...._ ______ _. -. ♦-.._.._.__._.__._. ._.__.. _._ 1.000 .... _ .._ ♦ .. _...-------... • 1.000 _.--.----_--_-- -_.-- ----- 6,000 . _,-..... .� -..- ..__•--_..._.. �. _... ♦_.. .. frit date 8/2/2001 Maintenance Director 9,000 4.000 _....... ♦ • 7.000-!�---__--__.----.. 6.000 5.000 -. __. 4_-. ..--- -- Is Human Resources Director 9.000 --- ----_.-_-- ------ • 7.000 - s - -♦ • 6,000 1g 18 Sg t ��T # is ,in Y 4) 8,500 8,000 7,500 7,000 6,500 6,000 5,500 5,000 4,500 4,000 Compression within Police Department Chief Captain Lieut. Sergeant ® LOC—ent LO -Proposed (ver 20) Linear (LO -Current) —Lineer tLO-Proposed(va. 20)) A,500 8,000 7,500 7,000 6,500 6,000 5,500 5,000 4,500 4,000 Compression within Fire Department Comparing Average, LO -Current, and LO -Proposed 10,000 9,000 t 1 tt - tit � y 5.000 4,000 t OAvenige OAM_Mr t Plan-v2t Chief Asst FC F Mrsll Rat Chief ®LO -Current ALO -Pro osed(ver.20) Linear (LO-Cutreno —Lineat (LO -Proposed (ver 20)) w 0 LO-0lttelit Print date 0/22001 Analys LO -Current 6,947 6,692 over(under)avg % -18.32% -14.19% compression spread % - before I.O-Proposed (ver.24) 8,308 7,699 over(under) avg % -2.32% -1.27% compreumn spread 96 - after is of Comparative Monthly Salaries for Top Oregon Cities (adjusted for PERS Chief Police CAP4JIM PFIL; Adjustcd7 ACM CD Dir o Beaverton w 9,544 8,601 Y Gresham w 8,117 8,545 111115boro Yes. dteeomted 6% 9,207 8,601 s Tigard w 8,601 6,746 s Bend na 8,223 8,223 6 Eugene 6,285 8,704 8,704 7 Salem Yep dna wwd 6% 8,348 7,432 H Medford o0 8,356 6,953 9 Springfield PoYFne6%EEpod 7,542 7,183 10 Corvallis Yee, discauntrd 6% 7.118 7,464 Median of all comps 8,352 7,828 Average of comps 8,505 7,798 LO -Current 6,947 6,692 over(under)avg % -18.32% -14.19% compression spread % - before I.O-Proposed (ver.24) 8,308 7,699 over(under) avg % -2.32% -1.27% compreumn spread 96 - after is of Comparative Monthly Salaries for Top Oregon Cities (adjusted for PERS Chief Police CAP4JIM Lieut Ser cant Chief Fire Asst FC F Mrsll Dat Chief Other City Eng Maint Dir I IR Dir Directors Lib I Fin Dir P& R Dir 8,802 6,425 5,983 8,601 7,228 8,52.1 7,228 8,601 8,545 6,962 6,285 8,545 6,962 6,962 6,285 8,117 8,117 7,985 6,425 5,562 4,812 7,985 6,425 6,428 5,562 6,908 6,908 6,908 7.118 7,464 7,464 6,413 6,746 6,096 6,413 6,413 8,704 8,704 6,929 7,464 6,929 7,461 7,912 8,704 8,223 7,912 7,432 6,953 7,432 6,953 7,431 7,432 7,432 6,776 5,683 4,926 6,776 5,683 5,683 6,327 6,953 6,516 6,517 6,953 7,183 6,953 7,068 6,481 5,170 5,478 7,068 6,481 6,481 5,917 6,481 8,152 7,492 7,867 7,136 7,448 6,425 5,773 4,926 7,448 6,481 6,455 5,800 6,481 7,228 7,432 7,228` 7,650 7,045 7,685 6,395 5 750 51072 7,616 6,623 61399 - 5,862 61950__. 7,304 7,324 -- 7,242 7,561 7,045 - av I 6 469 8_ ,__ ._ L_.._._ _ _.__. ---- _.Average ol'Ihese 6 sitions 7 238 -- 1.692 6,060 5,272 4,632 6,692 6,060 6,060 5,540 6,369 6,369 6,166 6,166 6,166 6,166 -1292% -5.24% -8.31% -8.68% -12.13% -8.50% -5.14% -5.49% -8.36% 7,238 -12.80% 7,238 -15.81% 7,238 -14.86% 7,238 -18.45% 7,238 -12.47% 7,238 10.4.196 14-9596 13.82% 10.13% 0.00% 9.39% 7,699 6,469 5,862 5,303 7,699 6,469 6,469 5,862 0.19% 1 15% 1.94% 4.55% 1.09% -2.32% 1.26% 11.GO% 4.14% -0.91% -1.18% -0.06% 428% 2.74% 19.01% 10 364. 10.54% 19.01% 0.00% 10.36% Asstslant City Mnnnger 10.000 9,000 ...• ... �.. - _- .. 1 7.000 • _ __. -_ __. 6,000.1. Community Development Dnector 9,000 ______--.__ H,00o • 7,000 _- _. :-.----------•---�._._.__ ..._. 6.000Qj _•___ ___ - _ CMA -M9" PMR 11220 Police Chief • 7.000 • • 6,1200 __ Coy Engouucr 7.000 6.000 L ....... _._ . prW ere 01212001 Maintenance Dircclor 9,000 - - ._ ♦ _ __ H,000 _.. ♦_ _ 7,o00 • ♦ _. •• 6,000 • 5,000 IInman Resources Ir1u•etur 9.IX0 • • 701006,000 •_.....�-- - - -- • 5,000 Palle 1 K 000 ".500 - 7,000 - 6,500 — 6,000 5,500 --- 5,000 - 4,500 4,000 Chief Captain ® ID -Current Linear (1.0 -Current) 9,000 8,000 7,000 6.000 5.(100 4,0(10 3.ODO 2.ODO 1,000 Compression within Police Department u O Average Lieut. Sergeant LO -Proposed (ver 24) Linear (LO -Proposed (ver 24)) 5,000 7,500 7,000 6.500 6,000 5,500 5,000 4,500 4,000 Compression within Fire Department Chief Asst PC P Mrsli Bat Chief ®LO -Current ALO-Propmed(ver 24) Linear (LO -Current) —Linesr (LO -Proposed (ver 24)) Comparing Average, LO -Current, and LO -Proposed u 0 L(-Cwrent anis-Ypnn Plw_v22s prinl Me W/2001 pop 2 Pegs Adjuaed? ACM CD Dir Bavcrton nn 9,544 8,601 G,esham no 8,117 8,545 t Hillsboro Yes. dismounted 6% 9,207 5 Bond no 8,223 8,223 s Eugene ro 8,704 8,704 Salem Yes, diKounwl6% 8,348 7,432 Median of all comps 8,526 8,545 Average ofcomps 8,691 8,301 LO -Current 6,947 6,692 over(under) avg % -20.06% -19.38•A compression spread K • before Other LO -Proposed (ver.24) 8,723 8,155 0%vt(under) avg % 0.37% -1.76'4 compression spread "6 • after Chief Asst FC of Comparative Monthly Salaries for Top Oregon Cities (adjusted for PERS differences) Assistant City Manager ro,00(1 - - --- • 9.000 i 4.000 _. ♦ .. -_.�__ - 7.000 Community Decelupmrnt 1)itectnr 9,000 • s,0007,000 -- ---.- • • • 6.000 __ •-.....,--_ 0Aps_k% t PMrr_544 Police Chief 9,000 ♦ - - _____. _. - _._ e.ow 7,000 _. 6.000 . _...... .. ,_ __..,.-- City linguuleer 9,(00 1,000 -- - 7.(Kr0 t piiN dole 8r)f 001 Maintenance Director 9,000 r,00o 7 000 ♦ ... ♦ ♦ - 6,000 Iluman Resuutces I )ucom 9.000 sono ♦ ___._.___.___ 7,000 -...... ._ ♦ -� 6.004) 5,0(0 pa" 1 Police Fire Other Directors C!» of Captain Lieut. Sergeant Chief Asst FC F Mrsil Dat Chief Cit Fog Maint Dir IIR Dir Lib Dir Fin thr PRR Dir 8,802 6,425 5,983 8,601 7,228 8,523 7,228 8,601 8,545 6,962 6,285 8,545 6,962 6,962 6,285 8,117 8,117 6,615 7,985 6,425 5,562 4,812 7,985 6,425 6,428 5,562 3,175 6,9()R 6,908 6,908 7,464 7,464 6,172 7,464 7,461 8,223 8,704 8,704 6,929 6,929 7,912 8,704 7,912 7,432 7,432 6,062 7,432 7,432 7,432 8,265 6,425 5,983 4,812 7,985 6,694 6,695 5,924 7,687 7,330 8,015 6,615 6,551 7,079 8,155 6,604 -- - 5,947 -- - 4,812 8,026 6694_ G,G95 51924. - 6,941 6,699 7 716 7 SG8 7,866 6,615 _9�B�avgl = 6,664 r => 5,924 Avera c of thcse 6 positions a 7 236 t 6,692 6,060 5,272 4,632 6,692 6,060 6,060 5,540 6,369 6,369 6,166 6,166 6,166 6,166 -17.94% -8,24% -11.30% 3 74% -16.62% -9.46% -9.48% -6.47% -8.24% 7,236 -1.93% 7,236 -20.19% 7,236 -18.53% 7,236 -21.61% 7,236 -6.79% 7,236 10.4346 14.9355 !3.8236 10.4346 0.00% 9.39% 8.155 6,664 5,924 5,303 8,155 6,664 6,664 5,924 0.00% 0.91% -0.33% 10.20% 1.61% -0,44% -0.46% 0.00.16 4.25% 8.02% -6.34% -4.39% -8.00% 9.39% 22.37% 12.60% 1/.70% 22.37% 0.00"6 115076 Assistant City Manager ro,00(1 - - --- • 9.000 i 4.000 _. ♦ .. -_.�__ - 7.000 Community Decelupmrnt 1)itectnr 9,000 • s,0007,000 -- ---.- • • • 6.000 __ •-.....,--_ 0Aps_k% t PMrr_544 Police Chief 9,000 ♦ - - _____. _. - _._ e.ow 7,000 _. 6.000 . _...... .. ,_ __..,.-- City linguuleer 9,(00 1,000 -- - 7.(Kr0 t piiN dole 8r)f 001 Maintenance Director 9,000 r,00o 7 000 ♦ ... ♦ ♦ - 6,000 Iluman Resuutces I )ucom 9.000 sono ♦ ___._.___.___ 7,000 -...... ._ ♦ -� 6.004) 5,0(0 pa" 1 8,500 8,00() 7,500 7,000 6,500 6.000 5,500 5,000 4,500 4,000 9,000 8.0()0 7.000 6.WO 5.000 4.000 3,OW 2.000 1.000 Compression within Police Department Chief Captain Lieut. Sergeant t=1.0-Cuffent 11111111111111LO P'T*sed (ver 24) •Linter (LO-Cuttent) —Lin—Lineart.O.N.p..ed(ver 24)) 8,300 8.000 1.500 I'Doo ON 6,000 5,500 5,00() 4,500 4,000 Compression within Fire Department Chief Asst FC F MrsIl Bat Chief ®LO-Cuirenl M LO -Proposed (ver 24) Linear (LO-Cuffent) —Linetu (LO-Noposed (vef.24)) Comparing Average, LO-Currcnt, and 1,0 -proposed Q Q ug U 0 Average WOI-M9" PIWLV24 Fig i V00, I vi 01 Ei U 0 1.0 -Current 9 1.0 -Proposed PrW d0s, &7/200I pop: 2 CITY MANAGER'S OFFICE TO: Judie Hammerstad, Mayor Members of the City Council FROM: Douglas J. Schmitz, City Manager MEMORANDUM SUBJECT: Island Annexation Along Country Club Road 4 DATE: 30 July 2001 BACKGROUND The Council has requested staff to analyze whether or not an annexation could occur for properties immediately adjacent to Country Club Road, between the six corners intersection and Knaus Road. Attached is a staff report prepared by Sid Sin. This matter will be discuss on the morning of 7 August. Please bring the attached report with you at that time. Attachment CITY OF LAKE OSWEGO COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: Sidaro Sin, Associate Planner 4X7 SUBJECT: Island Annexation for Properties on Country Club Road DATE: July 23, 2001 ACTION Provide staff guidance regarding whether to pursue an island annexation for properties that front onto Country Club Rd. between Iron Mt. Blvd. and Knaus Rd. (Attachment 1, map; Attachment 2, aerial). BACKGROUND Council has expressed concern in the past regarding some of the uses allowed by the County in this area and the appearance of these uses (signage, tree removal, etc.). Since Country Club Rd. is a primary thoroughfare into the downtown area and through the City, the Council has expressed interest in having a greater say in issues affecting the area. The Council also cited increasing development pressures in the area and the need to regulate development more consistent with City standards to promote compatibility with the community. DISCUSSION: Per Council's request, staff has reviewed the potential to annex this area through the island annexation statute (ORS 222.750). This statute states "When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and ocean shore or a stream, bay, lake or other body of water, it is within the power and authority of that city to annex such territory." Based on the analysis (attachment 3) by the City attorney's office, Lower Iron Mt. Creek may be classified as a stream, and therefore, this area constitutes an island. As shown on the attached map, the island annexation would result in 5 lots bisected by the stream (860, 900 & 910 Atwater and 959 & 1055 Country Club Rd.). While the area to be annexed does not have to conform to lot boundaries, the City does not have the authority under ORS 222.750 to exclude portions of the island area surrounded by the City. This may present some jurisdictional challenges regarding development should the owner of a bisected parcel wish to develop. Some alternatives the City may want to examine in regard to this issue include: Country Club Road Island Annexation Pagc I of 2 I . Working with the County to develop Urban Growth Boundary Agreement (UGMA) language that results in the entire parcel subject to the same regulations, and/or, 2. Informing property owners of the pending island annexation cit' a portion of their parcel and offering them the opportunity to voluntarily include the portion that is not bounded by the creek. Another issue that Council may wish to discuss is potential methods of citizen involvement or outreach that may be appropriate. Property owner acceptance of a recent island annexation attempt was not high. If Council would like to send an issue paper or other type of outreach regarding annexation, it could instruct staff to provide something for the Mayor's signature. The Council may also want to address County participation in outreach methods. ATTACHMENTS: 1. Island Annexation Map 2. Aerial of Island Annexation 3. City Attorney's Office Memo regarding Island Annexations L: Annexations\Sid's\CountryClubtslandAnnexalion.doc Ccxmtry Club Road Island Annexation Page 2 of 2 ---- o R 15 Efa co B-19 LL.nCKnNnS H TIPPCCANOC CT. SO y T RP -I 9 _ NATU L, PARK Ln m ... R -I 13701 I 30 -- o I v MILBURN CT. ID At) �^ a 4 0 O I lJ CD ' (vj 110 t7 LA . m —il LP 1 ... OD 0, o m o 4 0 - -- A W'.�': R w w o 405 w I ROAD I c �] a 13800 o R80 0 0 0 0 0 a 4 • m R p / to ru --i555 - o 0 13881 O I 'j e Y 13900 TREE GROVE --- — — - R(j ci \` 515 13961 _-.— __r_• .'. w d �Q��Q�1v N 2� •�� . 13962 RE ��0/ t• . l�... R -32 AND WS AD 13,g3l Cr ..l 1,1111" RP -I W-7 IRON MT. REEI A w H psi R-7.5 675 0 13841 -_— RP NATURAL AREA R- •5 680CD • 14130 -�. 1411 ' I SWEG ----. O 13851 I i I Mns IOUNtY 670 655 141 ,' 0 z - - R-1 14138 I Gtil a rw 13855 Y 1 0 0 9l2 N m N Ln cri 10 m ca CD m 6L COUNTRY 0 wi coil v { Ln con - o °; ?` o cn V rs cn cn L o N CLUB ROAD -- - 10 COUNTRY CLUB ROAD - 0 Subject Property R-7.5 I for Island 7.500 sq. ft. area per unit Annexation Stream R-10 Corridor (RP) 10,000 sq, ft. area per unit t R-15 T' X49 Wetland (RP) 15.000 sq. ft area per unit � Tree Grove Centerline of lower ATTACHMENT � Iron Mt. Creek (based (RC) on 2 -ft: contours) f PRINTED JULY 2001 NOTE: LoT Ines are t?otm ~� arrvrale SCALE: 1" -30' ! r 4W VN vk fb A- 16 -OIAAIA� A AdkL ALLma , 'IT City Attorney's Office Memorandum To: Jane Heisler, Community Planning Division Manager CC: David Powell, City Attorney From: Evan P. Boone, Deputy City Attorney Subject: Annexation / Island Annexation Bounded By Stream Date: July 18, 2001 Question: May the City annex, by island annexation, property that is surrounded on three sides by city boundaries, and south of Lower Iron Mtn. Creek? (Yellow (light) shaded area indicates city boundaries relative to unshaded "island" area. Greenish (darker) shaded area indicated proposed annexation territory.) ATTACHMENT 3 Answer: Based on on-site observations that Lower Iron Mtn. Creek has a channel and stream bank, then the greenish (darker) shaded area above may be annexed as an island annexation under ORS 222.750. However, before doing so, I recommend the City determine how the assessment and development problems of "split lots" will be handled in this instance. Discussion: ORS 222.750 provides for "island" annexations: When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the ocean shore or a stream, bay, lake or other body of water, it is within the power and authority of that city to annex such territory. However, this section does not apply when the territory not within a city is surrounded entirely by water. Unless otherwise required by its charter, annexation by a city under this section shall be by ordinance or resolution subject to referendum, with or without the consent of any owner of property within the territory or resident in the territory. A. "Stream" Lower Iron Mtn. Creek has been inventoried for the City's sensitive lands program: "This stretch of Iron Mtn. Creek is above ground, but the upstream section is culverted underground. The banks vary from steep to low flat benches in places." "Stream" is not specifically defined in the island annexation statute under ORS 227.750. The following general definitions of "stream" are given: "Herman creek is a small nonnavigable stream flowing into the Columbia river in Hood River county. The use of the words "streams and the waters thereof' indicates that something more than the water is intended. The definition of a stream or water course has caused the courts some trouble. A "stream" has sometimes been defined thus: "A stream of water consists of bed, banks, and water. * * *" 7 Words and Phrases, 6684, citing Miller v. Black Rock Springs imp., 99 Va. 747 40 S. E. 27, 30, 86 Am. St. Rep. 924. "A water course is defined by Bigelow, J., as 'a stream of water usually flowing in a definite channel, having a bed or sides or banks. * * *' Luther v Winnisimmet Co., 9 Cush. 174." Simmons v. Winters 21 Or. 35, 39, 27 Pac. 7, 8 (28 Am. St. Rqp. 727). "A definite channel having a bed and sides or banks is an essential requisite to a stream." 30 Am. & Eng. Enc. of Law, p. 349. The word "streams" in the act in question was employed by the lawmakers as embracing the waters and the beds and banks of the streams, and in connection with the lands over which such streams flow. The board as officials of the state are bound by the act. In 1 Lewis, Eminent Domain (3d Ed.) § 70, we read: "Running streams consist of a well-defined channel with sides or banks, in which water habitually flows, though it need not flow continuously. Some streams are small and incapable of Page 2 - Annexation / Island Annexation Bounded By Stream navigation for any purpose. All the authorities agree that such streams are wholly private property and that the title of the riparian owner extends to the middle of the stream." State Ex Rel. Olcott v. Hawk, 105 Or. 319, 208 P. 709 (1922)(statutory construction of "stream" in statute withdrawing condemnation authority for road construction project). General authority is in accord to the requirement that a "stream" requires a channel, with sides or banks: With respect to the classification or status of various particular streams, bodies, or accumulations of water, [Citation omitted] it has been held that an indentation called a "cove" is not a creek or inlet, [Citation omitted] and that the word "stream" does not include the waters of a great lake. [Citation omitted] A "stream" is a watercourse [Citation omitted] having banks and a channel through which water flows, at least periodically. [Citation omitted] The word "river" has been defined as a large inland stream of water flowing into the sea, a lake, or another river. [Citation omitted] A tributary is a stream feeding or contributing to a larger stream or lake. [Citation omitted] Boatable waters, within the meaning of a constitutional provision conferring certain rights "in all boatable waters (not private property)," have been defined as waters that are of common passage as highways for business or pleasure, and as not including all waters which may be boatable in fact. [Citation omitted] 78 Am. Jur. 2d Waters § 6 (1975)(updated through May 2000 Cumulative Supplement) As ordinarily defined, a watercourse must have a channel with a bed and banks. [Citation omitted] The channel of a watercourse is the bed of the stream over which its waters run, and the bed is the land contained between its banks. [Citation omitted] According to some authorities, it is not sufficient to constitute a watercourse that the water flows customarily in a known direction if there is no channel, [Citation omitted] it being declared that there must be a channel, a bed to the stream, and not merely low land or a depression in the ground over which the water flows., although it is not material what the width or depth may be. [Citation omitted] Therefore, if the water diffuses itself over the surface so that it never attains a regular course and channel, it cannot be regarded as a watercourse, although the source is permanent. [Citation omitted] According to other decisions, these views are rather too narrow, it being declared that a watercourse is the condition created by a stream of water having a well-defined and substantial existence, and that if this substantial existence is present, the fact that the stream is not strong enough to create for itself a bed and banks is not sufficient to defeat its character as a watercourse. [Citation omitted] It has been held that water flowing in one direction over the surface of the ground without a well-defined channel, from a swamp fed by springs, to the channel of a stream, is a watercourse, which cannot be diverted to the injury of a riparian owner on the stream. [Citation omitted] It is also held that a stream does not necessarily cease to be a watercourse by spreading over low land before flowing again in a natural channel. [Citation omitted] With respect particularly to gullies, ravines, swales, sloughs, swamps, and similar depressions, however, the prevailing rule seems to be that these do not, ordinarily at least, constitute watercourses, [Citation omitted] although they have in several instances been held to be such. [Citation omitted] It is immaterial that the boundaries of a stream vary with the seasons, or that they do not consist of visible banks. It is only necessary that there be natural and accustomed limits to the channel. If, within these limits or boundaries, nature has devised an accustomed channel for the limited Page 3 - Annexation / Island Annexation Bounded By Stream flow of the waters therein during the dry season, and an accustomed but extended channel for their flow when the volume is increased by annual floodwaters, and if all the waters flow in one continuous stream between these boundaries, and are naturally confined thereto, and when the waters lower, the overflow recedes into the main channel, this constitutes one natural watercourse for all such waters. Miller & Lux v Madera Canal & Irrig. Co. 155 Cal 59, 99 P 502. 78 Am. Jur. 2d Waters § 6 (1975)(updated through May 2000 Cumulative Supplement) Based on the description of Lower Iron Mtn. Creek, and the general authorities defining "stream", 1 conclude that Lower Iron Mtn. Creek would qualify as a "stream" under ORS 222.750. B. Annexation of Lots Bisected By Stream In some instances the stream bisects a lot. Political jurisdiction is not required under ORS 222.750 to conform to lot boundaries. The City does not have the authority under ORS 222.750 to exclude portions of the territory surrounded by the city boundaries and a stream: "When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the ocean shore or a stream, bay, lake or other body of water, it is within the power and authority of that city to annex such territory.... .. This will present some development jurisdiction challenges should the owner of a bisected parcel wish to develop unless the City and County work out a development regulation arrangement so that the entire parcel is subject to the same regulations. The Assessor should also be consulted because of the necessity to assign a "split tax code" to parcels which are bisected by Lower Iron Mtn. Creek. N:\Boonc\Planning\Gpinions\lndexed0pinions\Annexatg Page 4 - Annexation / Island Annexation Bounded By Stream CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001 SUBJECT: REQUEST FOR CODE INTERPRETATION FOR NON -CONFORMING SIGNS RECOMMENDED MOTION: Move to decline the request to interpret LOC 47.04. 100 in the manner urged in the July 3, 2001 letter from the attorney for Ramsay Signs, Inc. EST. FISCAL ATTACHMENTS: NOTICED (Date): IMPACT: • Powell Council Report - • Copy of LOC 47.04.100 STAFF COST: $0 • July 3, 2001 letter from Peggy Hennessey Ordinance no.: Resolution no.: BUDGETED: YN Previous Council consideration: FUNDING SOURCE: CITY A' 8-2-o 1 Signoff%date EY I ASST. CITY MANAGER RESO\rptcov99.doc Signoff/date CITY NANAGFR s3 C'L Signoff/d kc City Attorney's Office To: Judie Hammerstad, Mayor Members of Lake Oswego City Council Doug Schmitz, City Manager From: David D. Powell, City Attorney Ap Date: August 2, 2001 Council Report Subject: Code Interpretation for Nonconforming Signs The sign code allows businesses to maintain non -conforming signst until May 21, 2004 unless there is an earlier "change for a new business or use. ,2 When such a change occurs, the sign must be made to comply with the code. A "change of copy" that does not occur for a new business or use does not trigger the conformance requirement. A new travel agency has replaced the previous agency located at 15835 Boones Ferry Road. The new operators desire to change the copy on the non -conforming pole sign on the premises to state the new business name. Staff has informed them that, because they are a "new business," the sign must now be altered to conform to the code.3 Ramsay Signs, Inc. has challenged this, arguing that the sign company, not the travel agency, is the owner of the sign, and therefore there is not a "new business." Their attorney has written to the Council asking that the sign code be interpreted to allow nonconforming signs to remain so long as the ownership of the sign has not changed, even if the entity doing business on the premises (and being advertised by the sign) has changed.4 There is no formal procedure for interpretation of the sign code. This is being brought to the Council "informally" to learn if the Council desires to instruct staff to interpret the code in the manner urged by the sign company. The staff has always interpreted "new business" to apply to the business being operated on the premises and using the sign. The obvious intent of the code is to require signs to come into ' Signs that were lawful when installed, but which do not comply with current code requirements. LOC 47.03.015 2 LOC 47.04.100(1) 3 It is important to note that the conformance requirement applies to either a "new business" or a "new use." Since both the new and previous operations were travel agencies, there is not a new "use." Nevertheless there is a new "business." Attached letter from attorney Peggy Hennessy, dated July 3, 2001. Council Report Sign Code Interpretation August 2, 2001 Page 2 compliance whenever a new business takes over. The Council should be cautious about approving an interpretation that would allow this intent to be circumvented simply by leasing signs instead of purchasing them. Obviously "change for a new business" refers to a new business being operated on the premises, not a new off -premises company from which the sign is leased. The sign company is not the "business" at that location any more than Konica would be the "business" if they leased a photocopier to the travel agency. It is important to consider the term "business" in the context of the ordinance language. LOC 47.04.100(1) states: A non -conforming sign in all zones other than the EC zone as described and established by the Lake Oswego Zoning Code may be maintained or undergo a change of copy without complying with the requirements of this chapter, with the exception that any change for a new business or use * * * will comply with this chapter at such time as change in copy or alteration occur. (Emphases added) When read in context, a "change for a new business" clearly means a "change of copy" for that business. In this case, the change of copy is not "for" the sign company leasing the sign to the travel agency. The change of copy is "for" the agency. Therefore the agency is the "business." RECOMMENDATION It is recommended that the Council decline the request to interpret LOC 47.04.100 in the manner urged in Ramsay Sign Company's letter of July 3, 2001. Attachments: Copy of LOC 47.04. 100 Copy of 7-3-2001 letter from Peggy Hennessey Section 47.04.100 Non -Conforming Signs in all zones, except in the EC Zones. 1. A non -conforming sign in all zones other than the EC zone as described and established by the Lake Oswego Zoning Code may be maintained or undergo a change of copy without complying with the requirements of this chapter, with the exception that any change for a new business or use or any changes in a wall sign which is painted on a structure will comply with this chapter at such time as change in copy or alteration occurs. 2. All non -conforming signs are required to meet the provisions of this chapter at such time as the sign is altered, as defined by LOC 47.03.015. 3. Signs installed in violation of any prior Sign Code or applicable laws or regulations, and which are in violation of this chapter, shall be removed, replaced or altered in order to conform to the requirements of this chapter. 4. Signs recognized as an historical element of a historical landmark are exempt from this chapter. 5. All non -conforming signs shall be aStered to conform to the requirements of this chapter by May 21, 2004. 6. A sign for which a variance is granted under the provisions of this chapter is not considered non- conforming. (Ord. No. 1398, Sec. 1; 0945-70. Ord. No. 1921, Sec. 5; 07-02-85. Ord. No. 2085, Enacted, 01/04/94) (Ord. 2266, Amcnded, 09/05/2000; Ord. 2225, Amcndcd, 02/012000) H. PHILIP EDER (Retired) CYRUS W. FIELD PEGGY HENNESSY* GARY K. KAHN* TIMOTHY L. MURPHY MARTIN W. REEVES* *Also Admitted in Washington Mayor Hammerstad and Members of the City Council City of Lake Oswego P.O. Box 369 Lake Oswego, Oregon 97034 REEVES, KAHN & EDER ATTORNEYS AT LAW P.O. BOX 86100 4035 S.E. 52ND AVENUE PORTLAND, OREGON 97286 July 3, 2001 Re: Code Interpretation for Nonconforming Signs Dear Mayor Hammerstad and City Councillors: PLEASE REPLY TO P.O. BOX TELEPHONE (503) 777-5473 FAX (503) 777-8566 REr,PTV ED JUL 0 5 2001 CM OF LAKE OSWEGO PAUL NORR (of counsel) This office represents Ramsey Signs, Inc. with respect to its nonconforming sign at 15835 Boones Ferry Road. Ramsey Signs is the owner of a sign that has been used for a travel business since the time the sign became nonconforming. Technically, the ownership of the business has changed recently. Section 47.04. 100 of the Lake Oswego code provides that nonconforming signs need not come into compliance with the current sign ordinance requirements until May 21, 2004. Apparently, this date was established to allow sign owners to amortize their investment. Generally, 47.04. 100 allows copy change during the amortization period. However, there is an exception if the copy change is for a "new business" or "new use." If there is a new business or use, the sign must be brought into compliance immediately. In this case, there is no new use. The building is still being used as a commercial travel business. The ownership of the business has changed, but the ownership of the sign has not changed. Consequently, because the property has traditionally been used for a commercial travel business, we are requesting a formal interpretation that the business does not constitute a "new business" or "new use" within the meaning of the Lake Oswego sign code. The Planning Staff has suggested that the owner of the business (not the owner of the sign) request a variance or zone change for the entire property in order to allow the nonconforming sign to remain. However, neither the business owner nor the sign owner should have to apply for a variance or a zone change to protect its nonconforming status. Ramsey Signs owns this sign and has a reasonable expectation of amortizing its investment until at least May 21, 2004. The proposed changes to the sign are merely copy changes. As you know, any content based restriction on the sign owner's ability to change the copy may be subject to constitutional challenges. To the extent the May 21, 2004 compliance date was designed to allow amortization of sign investments, we submit that it is reasonable to interpret section 47.04. 100 to allow the proposed copy change at 15835 Boones Ferry Road, without the need for any additional sign permits, variances, or zone changes. Mayor Hammerstad and Members of the City Council July 3, 2001 Page 2 Thank you for your consideration. We trust that your review will suspend any pending code enforcement proceedings. Please let me know immediately if this understanding is incorrect. Should you have any questions, please feel free to contact me. PF1;nh cc: Evan Boone Sandy Ingalls Darryl Paulsen Sincerely, REEVE KAHN & EDER Peg Wennessy OXAMy DocuMcMa\wp9\Ramacy SignsUekc Omegu,wpd Lake Oswego City Council e u/ Meeting of u � 2001 City Council Judie Hammerstad, Mayor Jack Hoffman, Council President Ellie McPeak Karl Rohde Bill Schoen Gay Graham John Turchi CITY COUNCIL MEETING AGENDA Tuesday, August 7. 2001 5: 00 P.M. Special MeetitiglClosed Session 6:00 P.M. Regular Meeting Council Chambers City Hall 380 A Avenue Also published on the internet at: ci.oswego.or.us Contact: Robyn Christie, City Recorder E -Mail: public_affairs@ci.oswego.or.us Phone: (503)675-3984 This meeting is in a handicapped accessible location. For any special accommodations, please contact Public Affairs, (503) 635-0236, 48 hours before the meeting. Time Page # Special Meeting/Closed Session 5:00 1. CALL TO ORDER 2. ROLL CALL 3. EXECUTIVE SESSION Pursuant to ORS 192.660(1)(h) to consult with counsel with regard to current litigation or litigation likely to be filed, (d) for deliberations with persons designated to conduct labor negotiations and (e) to conduct deliberations with persons designated to negotiate real property transactions 4. RETURN TO OPEN SESSION 5. ADJOURNMENT Regular Meeting 6:00 1. CALL TO ORDER 2. ROLL CALL 3. UPDATE ON COUNCIL GOALS FOR 2001 ........................... 4. CONSENT AGENDA ♦ The consent agenda allows the City Council to consider items that require no discussion. City Council Agenda Pagel of 5 August 7, 2001 Estimated rime ♦ An item may only be discussed i)'it is pulled from the consent agenda. ♦ The City Council makes one motion covering all items included in the consent agenda 4.1 COUNCIL BUSINESS 4.1.1 Resignation of Martin L. Jacobs from the Library Advisor, Board ................7 Action: Accept resignation with regret 4.2 REPORTS 4.2.1 Rid Award for Clackamas River Intake FIsh Screen .................................... I I Modification (WO 1144) Action: The Council is requested to award a Construction Manager/General Contractor (CM/GC) contract to Natt McDougall Company in the amount of $24,860 (Preconstruction Phase) and authorize the Public Contracting Officer to negotiate a guaranteed maximum price (GMP) and execute a contract for construction phase services. 4.2.2 Proposal to Widen Bangy Road at its Intersection with ............................... 17 Bonita Road Action: Move to approve the widening of Bangy Road and direct the City Recorder to initiate the public notice process prescribed by Section 40 of the City Charter 4.3 RESOLUTIONS 4.3.1 Resolution 01-53, authorizing development of deployment ............................27 standards for fire and emergency services Action: Adopt Resolution 0 1 -53 4.3.2 Resolution 01-59, Intergovernmental Agreement with.................................33 Clackamas County for microfilming services Action: Adopt Resolution 01-59 4.3.3 Resolution 01-63, declaring intent of the City Council to vacate ...................37 portions of Tenth Street between Evergreen Road and Berwick Road Action: Adopt Resolution 0 1 -63 City Council Meeting Pagc ' (d, August 7, 2001 Estimated T.( u 4.4 APPROVAL OF MINUTES 4.4.1 July 3, 2001, special morning meeting...............................................................45 4.4.2 July 3, 2001, regular meeting..............................................................................59 4.4.3 July 9, 2001, information session........................................................................69 4.4.4 July 10, 2001, special meeting.............................................................................83 4.4.5 July 17, 2001, morning meeting..........................................................................95 4.4.6 July 17, 2001, joint meeting with NRAB ..........................................................107 Action, Approve minutes as written (or as corrected if Council adds corrections to the motion) MOTION TO APPROVE THE CONSENT AGENDA VOICE VOTE END CONSENT AGENDA 6:05 5. ITEMS REMOVED FROM THE CONSENT AGENDA 6:10 6. CITIZEN COMMENT The put -pose of citizen contntent is to allow citizens to present hifol-Ination or raise an issue regarding itents not on the agenda. A time limit of three minutes per citizen shall apply. 7. REPORTS 6:20 7.1 Discussion on formation of a joint task force with the Lake Oswego ..........115 School District for a library facility (Public comments tivill be allowed with a time limit of three minutes each) 8. PUBLIC HEARINGS 6:1.0 8.1 Planning Commission recommendation of denial for an .............................. I 19 amendment to the Lake Oswego Comprehensive flan and 'Zoning Maps to change the designation from R-7.5 (low density residential) to R-5 (medium density residential) on a 1.0 acre site located southwest of the intersection of South Shore Boulevard and Patton Street (LU t)1-0004) This item was continued from July 17, 2001. A request has been made to continue this hearing to September 18, 2001. Motion: Move to continuer the public hearing on LU 01-0004 to Septeinbet- 18, 2001 City Council Meeting August 7, 2001 Page 3 of 5 Estimated Tim 6:45 8.2 Special Street Setbacks (Ord. 2302/LU 99-0020) ...........................................121 Motion: Move to continue the public hearing on LU 99-0020 to October 16, 2001 6:50 8.3 Planning Commission recommendation amending Ordinance ....................123 2148 which adopted the City's Sensitive Lands Protection Program (Ord. 2293/ LU 01-0009) This item was continued from June 19, 2001. Full report available from City Recorder's Office Public Hearing Process: Review of hearing procedure by City Attorney Staff Report: Sidaro Sin, Associate Planner Public Testimony • 5 minutes for individuals • 10 minutes for representatives of a recognized neighborhood association, government or government agency, or other incorporated public interest organization Questions of Staff Motion: If the Council wishes it should move to approve LU 01-0009 and direct staff to prepare findings and finalize Ordinance 2293 for adoption. Discussion 9. ORDINANCES AND FINDINGS 7:20 9.1 Adoption of findings to amend the City's Urban Service .............................129 Boundary (USB) to bring properties along the north side of Boones Ferry Road between .lean Way and 63" Avenue into the City's USB Ordinance 2300, an Ordinance of the City Council of the City of Lake Oswego amending the Lake Oswego Comprehensive Plan Map to include .5 acres located on the north side of Boones Ferry Road between Jean Way and 63rd Avenue within the urban services boundary, to designate tax lot 100 of tax map 21E18CB as General Commercial (GC:) and the railroad right-of-way (21E18 Index, Tax Lot 300) as Industrial Park (IP) and adopting findings (LII 01-0010- 1428) Motion: Move to enact Ordinancc 2300 and adopt findings City Council Mceting August 7, 2001 Page 4 45 Estimated Du 7:25 9.2 Adoption of findings to make Zoning Code Text amendments to ................137 the methodology used for measuring height in two neighborhoods (First Addition and Lake Grove) Ordinance 2301, an Ordinance of the City Council of the City of Lake Oswego changing the method of measuring height of residential single family buildings in Lake Grove and First Addition Neighborhoods; amending the Lake Oswego City Zoning Code by adding a new section, 48.07 (LU 01-0021-1429) Motion: Move to enact Ordinance 2301 and adopt findings 7:30 10. INFORMATION FROM COUNCIL This agenda item provides an opportuniq for individual Councilors to provide information to the Council oil matters not otherwise on the agenda. Each Councilor will he given five minutes. 10.1 Councilor Information 10.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees 7:40 11. REPORTS OF OFFICERS 11.1 City Manager 11.2 City Attorney 7:45 12. ADJOURNMENT CABLE VIEWERS: The Regular City Council meeting is shown live on A'I'&T' Tualatin Valley, Channel 22, at 6:00 p.m. The meeting will be rebroadcast: Wednesday 1:00 a.m. on Channel 22 Thursday 7:00 p.m. on Channel 21 Friday 1:00 a.m. on Channel 21, 7:00 p.m. on Channel 22 Saturday 1:00 a.m. on Channel 22 NOTE: Videotapes of regularly scheduled City Council meetings from the first and third "Tuesdays of the month, are available for checkout at the Lake Oswego Library in the Iteference section. City ('0L111C11 Meeting Page 5 ol' 5 August 7, 2001 3. CITY OF LAKE OSWEGO 08/07/01 AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001 SUBJECT: Update on Council Goals for 2001 RECOMMENDED MOTION: none ESTIMATED FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: DEPARTMENT DIRECTOR signumua[e UucunwntH ATTACHMENTS: • Goal update NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: -Xzx- CITY M " AGER signoffldate I Council Goals 2001 - Status I. Transportation A. Permanent Funding for Road Maintenance Agreement on Funding Mechanism Presentation to LONAC on 4 August. B. Regional Agreement on Willamette Shore Rail Line Not expected to be attained in 2001. C. Adopt Mode Split and Connectivity City Council to discuss on 17 September in Study Session. D. Make Decision on Funding for Street Calming Devices City will share costs for qualifying devices. II. Open Space/Parks and Recreation A. Open Space Acquisitions - Acquire Designated Sites B. Adopt Open Space Master Plan COMPLETED C. Adopt Parks & Recreation Master Plan Draft received; executive summary being readied. To PRAB in August; PRAB to establish meetings schedule. Probably to Council in late September/ early October. D. Adopt Canal Acres Plan COMPLETED 111. CittdLake Oswego School District Common Interests A. Joint Library Discussions continuing. 02 August 2001 Page 1 B. New Joint Use Agreement - Include Fields, Meeting Rooms, Recreation Facilities, Gyms Awaiting LOSD facility design decisions. C. Consider Fire Protection Retrofit for Schools IGA to LOSD. D. Identify Long-Term Common Interests 1. Meet Quarterly Meetings held in first two quarters. 2. Small Joint Work Group IV. East End A. New East F.nd Plan Being Prepared. B. Reach Agreement on Block 138 COMPLETED. C. First Street (between A and B Avenues) Redesign Construction to start on/about 16 August. D. Attempt to Reach Agreement on Street Improvements on West Side of First between Millennium Plaza Park and A Avenue Initial meeting was held. V. E-Government Budget approved. V1. -Neighborhood Livability in a Community Context A. Adopt Density Guidelines Scheduled for autumn. 02 August 2001 Page 2 j B. Adopt Neighborhood Plans Lake Forest Plan - Meetings were held with supporters and County Board, C. Revise Zoning Code Variances Discussions were held with representatives of Lake Corporation. D. Adopt Pathways Program With TAB. E. Traffic Calming [See I(D)] F. Compatibility Study group underway. G. Initiate Affordable Housing Guidelines Intern hired to assist in development of proposals. 02 August 2001 Page .I CITY OF LAKE OSWEGO 4.1.1 AGENDA REPORT SUMMARY 08/07/01 MEETING DATE: August 7, 2001 SUBJECT: Resignation of Martin L. Jacobs from the Library Advisory Board RECOMMENDED MOTION: Move to accept resignation with regret. ESTIMATED FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: DEPARTMENT DIRECTOR signoff/date ATTACHMENTS: NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: CITY MAeAGER��� signoff/date Martin L. Jacobs 2411 SW Glen Eagles Road Lake Oswego, Oregon 97034 July 16. 2001 Mayor Judie Hammerstad Members of the Lake Oswego City Council Lake Oswego City Hall 380 SW A Ave. Lake Oswego, Oregon 97034 ItFrriFTVED JUL 16 2001 CITY OF LAKE U5wr.V0 Dear Mayor and Council Members: 1 am tendering my resignation from the Lake Oswego Library Advisory Board effective immediately. After nine years of membership with many rewarding times and some frustrating times, I believe I can no longer serve the library best by being a member of the board. incerely, Martin L. Jcobs cc: Colleen Bennett CITY OF LAKE OSWEGO 4 • Z • l AGENDA REPORT SUMMARY 08/07/01 MEETING DATE: August 7, 2001 SUBJECT: Award of a Construction Manager/General Contractor (CM/GC) Contract for the Clackamas River Intake Fish Screen Modifications Project to Natt McDougall Company in the Amount of $24,860 (Preconstruction Phase) and Authorization of the Public Contracting Officer to Negotiate a Guaranteed Maximum Price (GMP) and Execute a Contract for Construction Phase Services (Work Order 1144). RECOMMENDED MOTION: Move to Award a Construction Manager/General Contractor (CM/GC) contract for the Clackamas River Intake Fish Screen Modifications project to Natt McDougall Company in the amount of $24,860 (Preconstruction Phase) and authorization of the Public Contracting Officer to negotiate a guaranteed maximum price (GMP) and execute a contract for construction phase services. EST. FISCAL IMPACT: $1,275,000 STAFF COST: BUDGETED: Y X N FUNDING SOURCE: Water Fund ATTACHMENTS: • Schoening Council Report dated 8/1/01 CITY ENGINEER CITY ANAGER _ o/1 /�/ ,� 9:!-, r0/ Date Date 11 lul;I, 1<\wo\Wo_11441ntakeScreen\agndnchk_CM•GC—award.doc NOTICED (Date): Ordinance no.: n/a Resolution no.: n/a Previous Council consideration: Wa CITY OF LAKE OSWEGO COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: Mark Schoening, City Engineer PREPARED BY: Joel B. Komarek, P.E., Assistant City Engineer SUBJECT: Award of Construction Manager/General Contractor (CM/GC) Contract for Clackamas River Intake Fish Screen Modifications. DATE: August 7, 2001 Action The Council is requested to award a Construction Manager/General Contractor (CM/GC) contract to Natt McDougall Company in the amount of $24,860 (Preconstruction Phase) and authorize the Public Contracting Officer to negotiate a guaranteed maximum price (GMP) and execute a contract for construction phase services. Introduction The City's public contracting procedures and Oregon State contracting and purchasing statues allow public agencies to use alternative contracting processes when such alternative contracting procedures can be shown to provide substantial public benefit in terms of cost and quality of the constructed work. Findings supporting the use of a CM/GC contractor for this prO.jcct are given below. Background On July 10, 2000 rules prohibiting the "take" of listed salmonid I'.volutionary Significant Units (I tit I's) were published in the Federal Register (50 CFR Part 223). Under Section 4(d) ofthc I n(iangered Species Act (FSA), regulations have been promulgated to conserve species listed as threatened. Several species of listed salmonids including the lower Columbia Chinook and Steelhead ESU's use the Clackamas River for spawning, rearing and migration. The rules establish that a limit to the take prohibitions \\ ill be applied for 13 programs and criteria acknowledged as providing adequate protection of listed species. One of'thesc criteria (limit 9) is specific to properl} screened water diversions. 13 Council Report Page 2 of 4 In 1967, well before the listing of salmonid species under the ESA, the City of Lake Oswego constructed a water diversion facility on the Clackamas River about 0.8 miles upstream of its confluence with the Willamette River. This facility has been in continuous use since that time and is a critical component of the City's municipal water supply system. Unfortunately, the screening devices in place on the City's intake do not meet the currently accepted design criteria established by Federal and State fisheries agencies. Therefore, the City's liability for a "take" of listed salmonids under the 4(d) rules is high. In February of this year, the City retained the engineering firm of Montgomery Watson Americas, Inc. to provide design and permitting services necessary to upgrade the City's intake facility and bring it into compliance with limit 9 of the 4(d) rules. During the early stages of this design and permitting effort, it became clear that the project would benefit from the use of alternative project delivery methods, specifically the CM/GC contracting method. Discussion Pursuant to the City's Public Contracting Procedures guidelines, engineering staff with the assistance of its engineering consultant prepared a solicitation document for the purpose of procuring the services of a CM/GC contractor. As previously mentioned, findings supporting the need for a CM/GC contract had to be prepared and are as follows: • Risk of enforcement action by federal authorities or third party legal actions under the 4(d) rule exists until the new fish screens are in place. To minimize its exposure to this risk, the City desires to construct these improvements on an accelerated schedule with the goal being to substantially complete the work by August 31, 2002. It is likely that construction of' tile planned improvements could not be completed by this date using conventional Design -Bid - Build project delivery methods. • The construction "xvindow" established by the Oregon Department of Fish and Wildlife (ODFW) for in -water work is July 15 — August 31. To construct the proposed improvements within this window requires special expertise and experience in the development of complex construction schedules and the efficient and timely allocation of labor, materials and equipment. CM/GC's with exceptional organizational skills and extensive experience on similar projects will likely ensure project success. The CM/GC process provides the City more certainty that the project will be designed to facilitate construction and constructed by highly qualified, experienced contractors. • Farly involvement of the CM/GC with the Design Teanl during the planning, design and permitting phase will provide benefits to the project in the areas of construction means and methods, environmental controls, project logistics and cost estimating. • Design and construction of the planned improvements must not risk the City's ability to continually supply drinking water to its 35,000 citizens and wholesale customers during periods of peak summertime water demands. To minimize this risk requires close coordination between the City, its Design Team, the CM/GC and various permitting authorities on issues of construction logistics, special permit conditions and construction schedule. 14 Council Report Page 3 of 4 The solicitation document was advertised locally in the Daily Journal of Commerce and six prospective CM/GC contracting firms attended the mandatory pre -proposal site visit. Of these six, three proposals were received by the due date and time. Following an evaluation of these proposals using published evaluation procedures and criteria, each of these three firils was invited to interview with the City's selection committee on July 12, 2001. At the time set for interview, each firm submitted a sealed proposal consisting of its not -to -exceed fee to provide pre -construction phase services. The basis of selection for the successful CM/GC contractor was the sum of point scores received for the written proposal, interviews score and sealed pre - construction phase fee. The maximum score possible was 150 points. The scoring totals for each of the three CM/GC firms is shown below: Proposing CM/GC Firm Proposal Score Interview Score Please I Fee Total Score Advanced American Diving Services, Inc. 74.41 29.33 $35,568 103.74 Triad Mechanical, Inc. 68.55 32.00 $86,376 100.60 Natt McDougall Company 92.00 30.00 $24,860 137.00' The pre -construction phase fee represents those costs the selected CM/GC contractor expects to incur to provide design review, value engineering, schedule development, cost estimating, development of subcontract bid package processes and the negotiation phase for construction phase services. As provided for in the RFP and similar to procedures used for construction of the City's Millennium Plaza Park, once the pre -construction phase is complete, the City and the CM/GC contractor will enter into negotiations to establish a Guaranteed Maximum Price (GMP) for construction of the designed improvements. Preliminary estimates prepared by the City's engineer indicate a construction cost of about $950,000. The City's FY 01/02 budget has appropriated $1.6M for the project of which $325,000 has been allocated for engineering and City administration purposes. Alternatives The alternatives are to: I ) award a CM/GC contract to Natt McDougall Company ill tile amount of $24,860 for pre -construction phase services and authorize the Public Contracting Officcr to negotiate a GMP and execute a public improvement contract for construction phase services, and 2) remove from the consent agenda and discuss prior to award. Conclusion The Natt McDougall Company has extensive experience working with the City's design consultant, constructing similar projects within the Clackamas River, and project delivery using the CM/GC process. They are a local firm and have expressed a commitment to the City for a successful projrrt dclivered on time and within budget. Therefore, staff recommends award of a ' Includes 15 points for lowest conRrrming proposal tee pursuant to the RPP selection criteria 15 Council Report Page 4 of 4 CM/GC contract to Natt McDougall Company in the amount of $24, 860 for pre -construction phase services and authorizing the Public Contracting Officer to negotiate a GMP and execute a public improvement contract for construction phase services. H TOKWCOUNCRPT. POC 16 CITY OF LAKE OSWEGO 4.2.2 AGENDA REPORT SUMMARY 08/07/01 MEETING DATE: August 7, 2001 SUBJECT: Proposal to Widen Bangy Road at its Intersection with Bonita Road RECOMMENDED MOTION: Move to approve the widening of Bangy Road and direct the City Recorder to initiate the public notice process prescribed by Section 40 of the City Charter. EST. FISCAL ATTACHMENTS: IMPACT: N/A Schoening Council Report dated July 17, 2001 with two STAFF COST: attachments BUDGETED: FUNDING SOURCE: CITY-�E� Date N:\RllSS_C\S'I'RE;I:'1'\WIUI;N\t3iui�;y nk�+ndn d��� NOTICED (Date): Previous Council consideration: none CITY MAINIAGER Date 1 r' Engineering Division Memorandum To: Douglas J. Schmitz, City Managcr From: Mark Schoening, City Engineer A�Zl Prepared by: Russ Chevrette, Engineering Tech. I I I Date: July 17, 2001 Subject: Proposal to Widen Bangy Road at Bonita Road Action Requested Authorization by the City Council to widen Bangy Road and initiate the public notice process required by Section 40 of the City Charter Introduction Section 40 of the City Charter requires that the City provide public notice for "Major Road Expenditures" related to the widening of roads after the concept is approved by the City Council. This report has been prepared to initiate the public notice process and describe certain intersection improvements that fall under this provision of the City Charter. Background This proposal affects Bangy Road's southbound approach to its unsignalized intersection with Bonita Road (see vicinity map, Exhibit A). Until recently, Bangy Road was under the jurisdiction of the Oregon Department of Transportation (ODOT). In June of this year, the City of Lake Oswego and ODOT executed Abandonment/Transfer Agreement No. 706, giving the City authority over Bangy Road between Kruse Way and Bonita Road. Adding a southbound right turn lane will implement one of the many necessary intersection improvements identified in the City's Public Facilities Plan. 1 rJ I Policy Discussion Intersections are ranked according to their Level of Service (LOS) grade, with LOS A being a free flowing intersection with no delays, and LOS F being a state of failure with unacceptably long delays and backups. The southbound approach to Bangy/Bonita operates at LOS F during the PM peak hour. The Lake Oswego Comprehensive Plan states "The arterial and major street network shall be designed and maintained to service level `E' during peak hours." (Goal 12, subgoal 1, policy 1). Goal 12 includes a Public Facilities Plan (PFP) for the City's transportation system. The PFP is a list qualifying streets and intersections, recommendations for improvements to each one, and estimated costs. The Bangy/Bonita turning lane improvements are found in PFP project T-45. The same project calls for signalizing this intersection and interconnecting all the signals on Bangy Road, but these latter improvements arc beyond the scope of the current proposal.' Existing Conditions Bangy Road is a major collector with daily traffic volumes approaching 14,000 vehicles per day. The southbound approach to Bonita Road consists of a combination through/right turn lane and a left turn lane. During the PM peak, the combined through/right turn lane handles over 400 vehicles, 370 of which make right tarns west to Tigard.2 As noted above, the southbound lane operates at LOS F, and backups can occur as far up as Meadows Road and beyond. In the vicinity of the proposed widening, the pavement width is 50 feet. Proposal: The City's engineering staff has prepared a conceptual plan, attached as Exhibit B, to illustrate the existing conditions and the proposed right tum lane. The new 12 -foot wide lane will be installed on the outside of an existing bike lane, and the overall length of the project is approximately 135 feet, not including a transition taper. Concurrently with the addition of a right turn lane, the City will engage in other construction activity that is not subject to the public notice requirements. They are: • Filling in an adjacent side slope to set the stage for a future sidewalk and signal pole • Completing gaps in the sidewalk system and improving wheelchair ramps to meet ADA standards • Constructing a curb extension on Bonita Road at the southwest corner of the Bangy/Bonita intersection, to facilitate pedestrian crossing of Bonita • Installing decorative concrete crosswalks on three legs of the Meadows/Bangy intersection • Installing two landscape medians several hundred feet north and south of the Meadows/Bangy intersection • Pavement overlay (partially funded by ODOT per abandonment/transfer agreement) i lie Public Facility Plan contains a typographical error: it calls for an additional southbound left turn lane, not a right turn lane as proposed by staff. Staff has reviewed the traffic volume and turning movements at this intersection, together with specific recommendations found in several independent traffic studies, and concludes that the facts call for a new right turn lane. ` Source: Traffic Study for Impac (Hilton) Hotels by David Evans and Associates, 1997. �U Conclusion The proposed addition of a southbound right turn lane on Bangy Road is an appropriate response to implement intersection capacity improvements identified in the City's Public Facilities Plan. Recommendation Staff recommends that the City Council approve the construction of a southbound right turn lane on Bangy Road at the intersection of Bonita Road and direct the City Recorder to initiate the public notice process prescribed in Section 40 of the City Charter. Attachments: Exhibit A --Vicinity Map Exhibit B --Plan I1ARUSS_OSTREET WIDEMBangy at Bonita.doc ExN I B tT A NOTICE OF PROPOSED STREET WIDENING Location: West side of Bangy Road approaching Bonita Road Proposal: Add southbound right turn lane (approx. 12 feet wide, 135 feet long) �z L14951 ALIVE GARDEN p w J AP�LEBEE'Sj 14905 0 � MEADOWS 14990Www w w cn w ro a 15010 o w a op o 0 0 15018 N N am 15020 0 m ti FAIRFIELD INN CHEVYS - KRUSE 6144 MARRIOT SHOPPING LLNIEK 14991 15070 15074 15080 > 15082 COUNTY C z 15088 15150 LAKE OSWEGO :5151 C3 15090 15154 --- v z 15158 - d 15170 15160 1-4 ; 5171 15180 -- 1HUNT C 5200 APARTN RESIDENCE INN °N n 0 V SITE A I ' CD m R1 p� ca HUNT CLUB - APARTMENTS 15383 15388 15391 15422 GEORGE- TnvN �23 1 U P ¢ I I 2 111 N 0 ...• U Q j a� Y 2 0 4 EXISTING O-W LINE I J x w I I a ' NEW BACK OF SIDEWALK EXISTING GE OF PAVEMENT J fn + L NEW CURB ALIGNMENT 11.0, - II-IN H COTTON WOOD TREE TO BE REMOVED 1p \\\ W W }�--7-- SLOPE Flll AREA \ L c� I A � ------------ EXISTING SIDEWALK ------EXISTINGSIDEWALKv4 Rli,i T'IKNYANF: I EXISTING CURB J ----' 131KE LAN[ THROUGH UW[_ I QO ���._. �,� - - - — ' - --- - •'"� LEFT TURN L NE _ — 1•_ _ _ _� - - I_ .. _ _. _ — _ _ Ur _.-.....•V�...- =__,e.._...e.. THROUGH LANE BIKE LANE Z W Z W PARKING m Q 1 EXISTING SIDEWALK d I NEW CURB EXTENSION b ♦- N 1 A < �j �OAD W(I! BAN G Y EXISTING R4W LINE i Z a 01)0 TYPICAL CROSS-SECTION Z z SECTION A-A 0 O - 17CUM TO CURB - UJ w YQ w -DIST ANCE VARIES TO CURB 17 J Z FUTURE (L a —10 SPIV-- --r PARKIN;— 5 BIKE LANE i1' NIB LANE 1' LEFT TURN LANE— 11• SIB LANE 5' BIKE LANE RIGHT 0 Z w TURN N LANE w C) I v I BANGY ROAD, 100' NORTH OF BONITA ROAD �Z 11 +00 TO 12+35*.-, CITY OF LAKE OSWEC;O 4.3.1. AGENDA REPORT SUMMARY 08/07/01 MEETING DATE: August 7, 2001 SUBJECT: Resolution 01-53 — Authorizing the development of deployment standards for Fire and Emergency Services RECOMMENDED MOTION: Adopt resolution 01-53, authorizing the development of deployment standards for Fire and Emergency Services ESTIMATED FISCAL IMPACT: No impact if adopted. Other Standards may have large impact STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: ATTACHMENTS: • Staff Memo • Resolution 01-53 NOTICED (Date): i i Ordinance no.: Resolution no.: 01-53 Previous Council consideration: DEPARTMENT DIRECTOR CITY AGER I signoff/date C \%vindowa\'l'F.btl'\Rea 01.53 cover.doc O� signoff/dat Department of Fire Services To: Judie Hammerstad, Mayor Members of Lake Oswego City Council Doug Schmitz, City Manager From: Dan Semrad, Fire Chief Council Report Subject: Resolution No. 01-53 Resolution authorizing the development of deployment standards for fire and emergency services Date: August 1, 2001 No standards now exist for fire services staffing and response time that are applicable for Lake Oswego. Concurrent with the development of these standards, the Oregon Fire Chiefs Association (OFCA) and the Oregon Fire District Directors Association (OFDDA) developed a standard that allows communities to assess several other variables not considered in the national model. The additional variables provide Lake Oswego an opportunity to create standards more fitting to the community. Lake Oswego has a unique geographic character that creates a challenge when it comes to the delivery of fire and emergency services. Of late, contract compliance issues with the County ambulance provider have demonstrated the importance of being able to establish local delivery standards. The regulation of fire and life safety services has been a concern of the City Council and is referenced in the livability standards of the 2000 City Council Goals. Developing a Lake Oswego Deployment Standard that followed the OFCA/OFDDA model would help the City establish service level measurements that took into consideration our specific community needs. Community N`' risk, on scene perfonnance and other performance indicators would be identitied and used to determine how the most efficient and cost effective service could be delivered. The OFCA/OFDDA model for developing a local standard seems to be the only one that allows a provider of fire and life safety services to self determine the appropriate standards for the community it serves. It is recommended that the City Council adopt Resolution 01-53 directing staff to develop deployment standards for fire and emergency services, using the Oregon Fire Resource Deployment Standard Process as recommended by the Oregon Fire Chiefs Association and the Oregon Fire District Directors Association. H.Sc rsdVmnciVl)cpStdMcnw1) Page 2 of 2 50 RESOLUTION 01-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE DEVELOPMENT OF DEPLOYMENT STANDARDS FOR FIRE AND EMERGENCY SERVICES WHEREAS The City Council believes that it is appropriate and necessary to have deployment standards for the provision of fire and emergency services; and WHEREAS The City Council finds that it is in the best interests of the city to develop deployment standards that take into account local and regional safety mandates, regulations and standards as well as the unique geographical challenges involved in providing fire and emergency services to the City of Lake Oswego; and WHEREAS the Oregon Fire Chiefs Association (OFCA) and the Oregon Fire District Directors Association (OFDDA) have developed a recommended process that allows for local and regional factors to be considered in the development of deployment standards; and WHEREAS the OFCA and OFDDA recommended process includes a statement of service level objectives, analysis of resources, community risk assessment, and evaluation of staffing for incidents based upon a critical task analysis; BE IT RESOLVED by the City Council of the City of Lake Oswego that the city shall develop deployment standards for fire and emergency services, using the Oregon Fire Resource Deployment Standard Process as recommended by the Oregon Fire Chiefs Association and the Oregon Fire District Directors Association. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 7' day of August, 2001. AYES: NOES: EXCUSED: ABSTAIN: Judie Hammerstad, Mayor 1 of 2 - Resolution 01-53 3i ATTEST: Robyn Christie, City Recorder APPROVED AS TO F David D. Powell City Attorney 2 of 2 - Resolution 01-S3 City of Lake Oswego 4' 3' Z Agenda Report Summary °8/"7/1"' MEETING DATE: August 7, 2001 SUBJECT: Resolution 01-59, authorizing the Mayor to execute an intergovernmental agreement with Clackamas County for Microfilm Services RECOMMENDED MOTION: Adopt Resolution 0 1 -59 EST. FISCAL ATTACHMENTS: NOTICED (Date): IMPACT: • Resolution 01-59 $7,000 - Public Affairs $7,600 -Planning STAFF COST: $ Ordinance no.: BUDGETED: Resolution no.: 01.59 Y_ X N FUNDING SOURCE: General Fund - $7,000 Community Development Fund - $7,600 DEPT. DIRECTOR ASST. CITY MANAGER Al tf tln� I r zLc� i signoffldate signoff/date Previous Council consideration: CI MANAGER signoffldate 3.'s RESOLUTION 01-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH CLACKAMAS COUNTY FOR MICROFILM SERVICES FOR FISCAL YEAR 2001-2002. WHEREAS, the City of Lake Oswego and Clackamas County are desirous of continuing their relationship regarding the City of Lake Oswego records being microfilmed by Clackamas County Records Division; and WHEREAS, it is necessary for the City and Clackamas County to execute and enter into an agreement in order to continue this relationship; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The City Council of the City of Lake Oswego authorizes the City Manager to execute on behalf of the City of Lake Oswego the intergovernmental agreement with Clackamas County for Microfilming Services, for the Fiscal Year July 1, 2001 through June 30, 2002, attached hereto as Exhibit A!' Considered and enacted by the City Council of the City of Lake Oswego at a regular meeting held on the _ day of 92001, AYES: NOES: ABSTAIN: EXCUSED: ATTEST: Robyn Christie City Recorder APPROVED AS-4�0 FORM: i ) City Attorney's Office N;\contracts\micro}ilm-clackamas county 2001 2.doc Judie Hammerstad Mayor h Attachments are available for review In the City Recorder's Office. 35 4.3.3 CITY OF LAKE OSWEGO 08/07/0A AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001 SUBJECT: Resolution 01-63; Declaring the Intent of the City Council to Vacate Portions of Tenth Street Between Evergreen Road and Berwick Road RECOMMENDED MOTION: Move to adopt Resolution 01-63, declaring the intent of the City Council to vacate portions of Tenth Street between Evergreen Road and Berwick Road EST. FIS IMPACT: N/A STAFF COST: BUDGETED: FUNDING SOURCE: CITI ENGINEER ATTACHMENTS: • Schoening Council Report dated7/27/01 • Resolution 01-63 NOTICED (Date): Ordinance no.: Resolution no.: 01-63 Previous Council consideration: CITY MANAGER 7V1/41 40/ Date Date �- 37 HARUSS_C\STREET\VACATE\ loth@Berwick\ngenda.resolution.doc CITY OF LAKE OS WEGO COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: Mark Schoening, City Engineer PREPARED BY: Russell Chevrette, Engineering Tech III SUBJECT: Resolution 01-63, Declaring the City's Intent to Vacate Portions of Tenth Street Between Evergreen Road and Berwick Road. DATE: July 27, 2001 Action Requested Staff requests that the City Council adopt Resolution 01-63, which declares the City's intent to vacate surplus right of way along the edges of a portion of Tenth Street, and which sets a date for a public hearing. Background The City Council vacated surplus right of way in Berwick Road adjacent and southwest of this proposal in 1997. The 1997 action terminated the vacation of Berwick Road about 300 feet short of the Evergreen Road intersection. [Note: By plat, the subject 300 feet is technically called Berwick Road, but it is posted as Tenth Street. In addition, abutting lots carry a Tenth Street address. Subsequent public notices and legal documents will incorporate appropriate language to avoid confusion.] The vacated section was not carried to its logical termination point due to issues having to do with how the vacated right of way would revert to the abutting property owners. Those issues have now been resolved, and the affected property owners have requested the City to complete the vacation of surplus right of way up to the Evergreen Road intersection. Discussion: If the Council adopts Resolution 01-63, staff will follow up with a detailed report and recommendation for action. In anticipation of preliminary questions the Council may have, staff offers the following observations: • The subject right of way was dedicated to the public on the plat of Forest Hills No. 4 in 1927. The right of way is 100 feet wide, but the actual pavement width is 18 to 20 feet wide. There are no curbs, sidewalks, or appreciable shoulders. • This section of Tenth Street south of Evergreen Road is a local street. 3b Council Report July 27, 2001 Page 2 • Tenth Street's platted width far exceeds contemporary standards for local streets. A fully improved local street, complete with curbs, sidewalks and landscape strips, can be constructed in a 40 to 42 foot right of way. • Staff has surveyed the actual location of the pavement. The cross -hatched areas on Exhibit A attached to Resolution 01-63 indicates the area that can be vacated while keeping a 40 -foot wide swath of right of way approximately centered on the existing pavement. • Abutting property owners have consented to the proposed vacation in writing. Recommendation Staff recommends that the City Council adopt Resolution 01-63, declaring the intent of the City Council to vacate portions of Tenth Street between Evergreen Street and Berwick Road. Adoption of the resolution will set a date for a public hearing. Attachment: Resolution 01-63 with Exhibit A 3 �'l RESOLUTION 01-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OS WEGO DECLARING THE INTENT OF THE CITY COUNCIL TO VACATE PORTIONS OF TENTH STREET BETWEEN EVERGREEN ROAD AND BERWICK ROAD WHEREAS, there exists within the City of Lake Oswego a platted public street commonly know as Tenth Street (Berwick Road by plat) within FOREST HILLS PLAT NO. 4, and, WHEREAS, the City of Lake Oswego desires to reduce the width of the platted right of way (100 feet wide) by vacating the public interest in the right of way that the City deems to be in excess of the present and future needs of the public in maintaining Tenth Street, now, therefore, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. Pursuant to the provisions of ORS 271.080, the City Council of the City of Lake Oswego does hereby declare its intent to vacate portions of Tenth Street, as generally identified on the illustration attached hereto as Exhibit A. Section 2. A public hearing shall be held upon this proposed vacation on the 4TH day of September 2001 at 6:00 p.m. at the City Council Chambers, located at 380 A Avenue in the City of Lake Oswego. Section 3. The City Recorder shall give notice of the proposed vacation and public hearing required by ORS 271.110 by publishing a notice in the official City newspaper once each week for two (2) consecutive weeks. Section 4. The City Recorder, within five days after the first day of publication of the notice, shall cause to be posted at or near each end of the street proposed to be vacated, a copy of the notice which shall be headed "NOTICE OF STREET VACATION' and said notice shall be posted in at least two (2) conspicuous places in the proposed vacation area. The posting and the first day of publication of such notice shall not be less than 14 days before the hearing. Considered and enacted at the regular Council meeting of the City of Lake Oswego held this 7Tri day of August, 2001. Resolution 01-63 Page I of 2 40 AYES: NOES: ABSTAIN: ABSENT: Judie Hammerstad Mayor ATTEST: Robyn Christie City Recorder APPROVED AS TO FORM: City Attorney's Office Attachment: Exhibit A (map) Resolution 01-63 Page 2 of 2 .l � . v 600 5 v e . N G G � e SOUTH LINE NORTH LINE x,.,., OF 206 k. I - CHANDLER -.c (,IJ" 5900 — :F -- ALBERT• 9 207 2�8 , 00 59 ROAD 9 i \\ � I ^!� 952 00 FRANKLaN=ems DURHAg yfC. ' ^19 n 6 22 .23 68pQ 2 4 361 20 308 -- ; 27 32�`— 01 ' 63 4 30 "g PROPC61EL) ' ' EN VAC,A-n pN �\ 10000Po 1 243 9900 2 5 h� \ 936 980 f :r \ 920 01030 10100 1102 W 1$+ 0 0 1040 r 20! , n 163 O . a 1 141 0 S ,y -� I Z . _ R 01-1.3 Ex-iIwI -r A 4 .21 PETITION TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. f Date Name Signature Address Lao C"A�1 E'rt �_ -770 3" ,-2�_ F`1`lcr�L�,L�c�u -� I�73'►-on !7t �Idd L.O, g103 -) - _ zr L 7 ` L 0 fu - .- `v R viQ C/a &C4 (�erQ tc 03 `� 9 ZG o r LU X'1 !_,44 L J 7n . �, a )1� +n%.--1^� '� • ` / �f 7 f V/. f'I N ` v g L r e -y P0 10 `' it 7 b '1-2)"', t�Q) l ���. �ee,� �.��� r. �y r1�c(. /��? �v.� �_y� (/ec T 47 .,� c/�c- � •.✓ i>' c./<S � ..� � - �. C _ :� .S' c'" h/y- � c �LE.t' /,C. ,C. p ��o jy Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 PETITION TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Date Name Signature Address /�f mi✓ / /�IrGtlelh. _ - ore _ alot bOil NO koa _C ° -'pec . C Sri 2ro Awe IT T Sky 0 1 Q V! 16 fJ1.. _L14 -We) ;wtavo Ori �,,, y �'� �.. ��_ 2 z 4 Ro,Lr,j F.i V L,O i Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 0 PETITION TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Date I Name Signature I Address D 6LO) t ro-,A R4, ._......_ 0? 3t(ul 7/7�/a, .Ah l�� I - ' �,.. ti, �i� l-�.�c�,A �., �� I �0 3z Al . sit t red L.5 r CAan(&r KJ 1--kl"— �� Z / 0 C �`q.vp 654-1 /C12 Petitions will be presented to City Council at its meeting on 7 August 0l Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 12p t I ' I PETITION TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Date Name Signature Address f -�� ( C+ �K2 T Pft = our! • _� ,�-.- i t i l 10. 5/-10 Rt. Kp C.a 70-3 I VA to L) _c -.. (.evt � (fl �lz �-� /2611 /(J, z�ca. X ,� 7---77.h Q� 7 / 16 Awl �yc t1, 5k0_ CL_C'� 1%UI �A�N KeF:I n1i.�.S Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 G PETITION TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods, Date ' Name I Siszna&r*, /l 1 Address Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 s PETITION TO LAKE OSWEGO CITY COUNCIL_ We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Date Name Signatur Address .._'PL. $ j� (Sa✓I C , �3rlrn GlM If 70i -XV U4.1L- z/1 1I.Y.Q.� L Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 ) PETITION TO LAKE OSWEGO CITY COUNCIL, We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Dat Name Signature Address �t3 Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 9 PETITION TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses, We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Date Name Signature j Address %-6-4tv I)dlW,4 L,,!r X -o" hG,nd Lj L C Lk &,AJ zx� I 2L 14e W Tio otA L) Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 PETITION TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Date Name ignature Address i5 `' t 2_ Ilk Vanc�_Ijj oveq, )A - j N _/�V jL''V -'I � / 1 (�c''e-��..�_.1F c.� L"�V I% �b (20MM aCJ3 L)l - Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 7/ Hi: ******Please Return by SunDay, TO VORROW , August 5, 2001***** OUR NEIGHBOR AT 1455 CHANDLER RD LAKE OSWEGO, OR 97034 Attached is some information conieerning interim zoning regulations to restrict building heights for Lake Grove & FIrst Addition. To show our support fofi similar regulations for our --Country Club North - neighborhood. If you support similar regulations for us, Please show your initial support by signing below. I'm sorry for such late notice and I thank you for your kind attention. _U5 /�, I name 1-4afVxi_ /ad dre ss �vt4 ( L�., signature date Please return trx C 1+j) -F 1atgK F . D. Seyer L -AK OAVFE PI 9 (Z 220 Chandler Place C? p 3 y Lake Oswego OR 97034 / BY TOMORROW ! ! ! ! ! ! ! ! PETITION TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Date I Name I Siunature ; 1 ( Address �'._ . LZ lwl 14, a. LC ' , ` , ' /� • Mibo ! �h v4 &�n 6-4 !� 4 G Z � �it�1 v�ji.r.�- 'Zlr 20 C U v2 o �4 14/ 1 L L I h p 11' Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 PETMON TO LAKE OSWEGO CITY COUNCIL We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. r t ' Date ( Name Signatu Address .... __... _.. - 100" Lb - Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August 01 PETITION TO LAKE OSWEGO CITY COUNCIL. We, the residents of Country Club / North Shore Neighborhood, respectfully pray for prompt and timely relief from the imminent threat of new homes built with excessive bulk and height also known as "McMansions" or "monster" houses. We crave the same protection recently accorded First Addition and Lake Grove Neighborhoods. Date Name Si nature Address els-10 �-..�.�-� ���2 �2� �/> � ; F-� / Z r9' L ►� c�4�PFc'r. �. D. LT � to b( ��✓ �2�i ( L,�� Petitions will be presented to City Council at its meeting on 7 August 01 Please return this petition to Dody Seyer (503-636-6376) by 5 August CITY OF LAKE OSWEGO 4.4 AGENDA REPORT SUMMARY 08/07/01 MEETING DATE: August 7, 2001 SUBJECT: Approval of Minutes from: 1. July 3, 2001, morning meeting 2. July 3, 2001, regular meeting 3. July 9, 2001, information session 4. July 10, 2001, special meeting 5. July 17, 2001, morning meeting 6. July 17, 2001, joint meeting with NRAB RECOMMENDED MOTION: Approve minutes as written (or as corrected if Council adds corrections to the motion) EST. FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE ATTACHMENTS: Minutes from: • July 3, 2001, morning meeting • July 3, 2001, regular meeting • July 9, 2001, information session • July 10, 2001, special meeting • July 17, 2001, morning meeting • July 17, 2001, joint meeting with NRAB NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: T1,11-11- CITY NAGER � �277 signoffldate 4,1 \\FINANCE\I):\'1'i\\INI OSS'('\Robyn\t•eport minutes.doc Public Affair~ Department TO: Judie Hammerstad, Mayor Members of the City Council FROM: Robyn Christie, City Recorder SUBJECT: Correction to Minutes DATE: August 7, 2001 C: Douglas I Schmitz, David Powell Minutes The following corrections have been made to the minutes on the consent agenda for the August 7, 2001 Council meeting. Please make the motion to approve minutes as corrected. Date of Minutes Page Correction July 3, 2001 Morning Meeting 2 of 12 Change from 26.87 to 2687 Minutes (48) July 3, 2001 Morning Meeting 3 of 12 Correct spelling from Mary Anne to Marianne Minutes (49) July 3, 2001 Morning Meeting 3 of 12 Change sentence from "she received the same Minutes (49) call" to "they had received a similar call" July 17, 2001 Morning Meeting 8 of 9 Change in 2 paragraph from "aspect or" to Minutes (104) "aspect of' \\FINANCE\DATA\INFOSVC\Robyn\min memo.doc a good thing in terms of restructuring the overall management of the City. She said that, although it left some overlap, they could ride through those areas until retirements occurred; at that point, they would not fill the extra management positions. Councilor McPeak asked if Ms. Deardorff could include a review of the entire health care cost aspect of personnel costs in her work with the consultant and start putting in place whatever the City needed to do in order to change its approach to that issue. Ms. Deardorff indicated that one reason it was important to look at wages now was that, in the fall, they would work with the benefits committee and a benefits consultant to look at that very issue. Ms. Deardorff explained that by linking the compensation and the benefits, it became clear that the City needed to shift the costs into the employee's pocket. She noted that one option was changing the plan, although people liked the Lake Oswego benefit structure. She mentioned that a few years ago the City switched provider companies in order to keep the benefits whole. Ms. Deardorff held that one of the ways to sell the shift to employees was to be able to say that the City made market adjustments to wages in order to compensate people at the top of the market; this offset the City's request that the employees start paying some of the benefits costs out of their own pocket. She indicated that the change was inevitable, and that the employees recognized that a change was coming. Councilor McPeak observed that the comparables were still valid as all the other cities were doing the same thing. Ms. Deardorff concurred. She mentioned hearing that Tualatin, in addition to giving a cost of living increase, was requiring employees in all positions to contribute towards their health insurance, which was the first time Tualatin has had to do that. She held that Lake Oswego was headed in the same direction in the future. Councilor Graham mentioned that she knew from her husband, who was a union member that a major issue in contract talks, were health benefits. She indicated that everyone recognized that health care costs were not simply increasing; they were escalating to the point where employees were talking about lower salary compensation in exchange for the employers covering medical costs. She observed that cost of a hospital visit could quickly outpace increased compensation. Mayor Hammerstad mentioned another factor of the tax implications; an employer paying medical benefits and lower salaries created a better tax package. She indicated to Councilor McPeak that she thought that they could combine the strategies but they had to do so in a way that benefited the employee in terms of what he/she took home in his/her pocket. She supported looking at other methods of compensation, such as other benefits. She questioned whether these other benefits were meaningful to employees at all, and if so, were they meaningful to only those employees in the upper brackets and not to those in the lower brackets. Ms. Deardorff indicated that they did encourage deferred compensation participation, as sometimes that did have a minimal effect on an employee's take home pay. She reiterated that their work with the benefits committee would provide necessary information for the January discussion with respect to potential plan changes. She described the flexible spending account program offered by the City, which was similar to deferred compensation. She observed that they could use that program to help employees pay their premiums. Councilor Turchi mentioned that the School District has cut back on employee health care benefits. He observed that the Council could be ridiculed if it asked to reduce employees' health care benefits or employees to share the higher cost while maintaining the employees in a sick building. Ms. Deardorff concurred that that was a hot issue for City employees at this time. Councilor Hoffman indicated that he supported paying City management personnel at this higher level as a reasonable action, and that he generally supported the rates. He asked to see a more detailed explanation of the comparables in the proposal, as the data drove the conclusion. He asked for reasons why staff used certain cities and did not use other cities. Councilor Graham referenced the paragraph discussing costs implications and people gaining money because of attrition. She asked how long would the City use this `Band-Aid' approach. She conceded that they saved $93,000 in the short term but argued that this approach did not City Council Morning Meeting Minutes Page 8 of 9 July 17, 2001 There were no corrections to the minutes. Citizen Comment Councilor Turchi advised the Council that Marianne Carter called him last night and informed him that several people would come to the meeting tonight to represent the under high school age football community, which was concerned about whether or not they would have a place to play this summer. Mayor Hammerstad and Councilor Graham each indicated that they had received similar calls. Mayor Hammerstad reviewed her intended remarks at the meeting to inform the public of the upcoming Executive Session discussion of the issue and the Council's efforts to solve the problem. Mr. Jordan suggested that the Mayor announce that staff would attend the Teams Sports Advisory Committee's meeting Monday night to report on anything public that came out of the Executive Session. Councilor Rohde argued for holding the Executive Session in advance of the meeting tonight in order to allow the Council to respond to the community's concern. Mayor Hammerstad concurred. Mr. Powell noted that staff was meeting with Dick Alexander at 4 p.m. to discuss the Field Turf situation, which was why staff moved the Executive Session from the morning meeting to 6:30 p.m. or following the evening meeting. Mayor Hammerstad suggested moving the Executive Session from 6:30 p.m. to 5:00 p.m. Mr. Powell indicated that the Council continuing a morning Executive Session to this evening addressed the noticing problems. Mr. Powell advised the Council that John Cox intended to discuss the issue of cars with for sale signs that were parked in the right-of-way, and to ask the Council to pass an ordinance to prohibit those. He recalled that the during the early 1990s the Council rescinded an ordinance prohibiting for sale signs on cars because of an incident in which someone driving around with a for sale sign on the car, parked, went into the bank, and came back to a citation on the car, which the individual thought was silly. Mr. Powell observed that the problem was that the City could not regulate the content of the signs that it allowed. He indicated that he needed to finish his research into the question. He noted that the Council typically did not respond during citizen comment. He suggested that the Council ask staff to bring back a report on the issues involved. Councilor Schoen asked how the City delineated between the bike lanes and the parking areas. He mentioned two SUVs parked at McVey and South Shore all day with for sale signs on them in what he thought should be the bike lane. Mr. Powell explained that it was illegal to park in a properly marked bike lane but not in an unmarked area. Councilor McPeak spoke in support of finding a way to regulate this offensive practice. • Councilor Reports Councilors McPeak, Rohde and Mayor Hammerstad indicated that each had a report to make. Councilor Graham said that she had an announcement regarding two Youth Councilors. Councilor Rohde agreed to that Mayor's request that he report on the concert series. 4. REVIEW FUTURE AGENDA ITEMS Mayor Hammerstad advised the Council that Representative Richard Develin called her yesterday to inform her that the transportation package at the legislature (HB 2408) was in danger of going down at the Senate because the Senate decided to include in it the bill pre- empting local governments from doing street utility fees. Mr. Schmitz indicated to Mayor Hammerstad that the invoice from the National League of Cities conference was part of the budget and did not need specific Council approval for payment. City Council Morning Meeting Minutes Page 3 of 12 July 3, 2001 updated regulations. Mr. Schmitz agreed that it was a future decision. He mentioned that the current regulations did allow the exception of consumption of alcohol in the Center dining room, when offered for sale by an approved contractor. Mayor Hammerstad confirmed to Councilor Turchi that this ordinance would allow a family member of age, and with a one-time event temporary permit from the OLCC but no training, to serve alcoholic beverages at a private event in Millennium Park. Councilor Turchi asked why allow this at Millennium Park and not at other parks. Mayor Hammerstad explained that the City was under a time crunch with Millennium Park because the concert series was starting, whereas they had more time to consider other parks. Councilor Schoen pointed out that the issue with other parks was that they were surrounded by neighborhoods whereas the noise and activities at Millennium Park were confined to a specific area. Mayor Hammerstad spoke to pulling this item for further discussion tonight in order to allow the citizens to hear the Council discussion and the decision. Councilor Turchi said that he did not have a problem with people bringing beer and wine to a concert at Millennium Park but lie saw a difference between a relatively small group of people bringing their own alcoholic beverages and a large event where they should have trained alcohol servers. Mr. Schmitz suggested splitting the issue into two parts: one part dealing with the events Councilor Turchi referred to (for future discussion) and the other part dealing with the concert provision (for a decision tonight). Mr. Powell indicated that the Council could pass an amended resolution tonight. The Council agreed by consensus Item 4.3.2, Financial Policies Councilor McPeak explained that her question did not relate to the changes themselves, rather she needed clarification on No. 3 under Revenue Policies (page 37), which spoke of establishing all user charged fees at a level related to the full costs. She asked if the City's subsidies on utility bills for low-income people contradicted this policy. Chris Jordan, Assistant City Manager, indicated that the low-income subsidy was the exception to the rule. He spoke to continuing the City's current practice for this subsidy. He concurred that the City's objective for the rest of its fees and charges was full cost recovery. Mayor Hammerstad observed that they set the fees to recover the full cost of the service, which included the subsidies. Councilor McPeak asked for clarification on the `annual balancing' referred to under No. 1 under expenditure policies. Mr. Jordan mentioned that the State required cities to adopt a budget annually. He explained that the City currently operated under an annual budget, although in the past it did use a biennial budget with the second year as a planning budget. Mr. Powell recalled a bill at the legislature to allow bi-annual budgeting. He said he would track that and see what happened to it. Councilor McPeak indicated that if the Council did have the option of a biennial budget, there were a couple of things that she would like to discuss. • item 4.2.1, Springbrook Creek restoration project Councilor Graham asked where the 2687 foot section was located and why the City was working on that particular section. Mr. Schmitz said that it was the section behind the Spring Village and the Taste of China restaurant. He indicated that the neighbors asked the City to work on that section because of the sloughing that occurred during the City's work on Mountain Park in previous years. • Item 4.3.1, authorizing the Mayor to sign an intergovernmental agreement with Clackamas County for mediation services Councilor Graham referenced date stamp page 19. Mayor Hammerstad rcmfinned to Councilor Graham that the city was billed for mediation services. City Council Morning Meeting Minutes Page 2 of 12 July 3, 2001 4.4.1 08/07/01 MINUTES OF JULY 31 2001 SPECIAL MORNING MEETING CITY COUNCIL MORNING MEETING M1NI)TES July 3, 2001 gIGOM . - Mayor Judie Hammerstad called the special City Council meeting to order at 7:35 a.m. on July 3, 2001, in the City Council Chambers. Present: Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak. Councilor Hoffman was excused. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Chris Jordan, Assistant City Manager; Jane Heisler, Long Range Planning Manager .3. REVIEW EVENING AGENDA Mayor Hammerstad noted that Councilor Graham would present the update on Council Goals and Councilor Rohde would review the consent agenda. • item 4.3.3, use of alcohol in Millennium Park Mayor Hammerstad asked if there was any discussion on Item 4.3.3, use of alcohol in Millennium Park. Councilor Graham asked if the policy applied solely to Millennium Park or were they setting a precedent for other parks. Doug Schmitz, City Manager, stated that it applied only to Millennium Park. He noted that the City already allowed alcohol at Roehr Park while the three years ago the Council specifically prohibited alcohol at Westlake Park. Councilor Graham referenced page 80, the statement that beer and wine could not be served at no charge. She asked if that meant that someone had to charge for wine at a wedding reception. Mr. Schmitz indicated that the Parks & Rec Department proposed now to allow people to host a bar at a private reception, as opposed to bringing in a caterer, provided that they met the OLCC licensing regulations. Councilor Graham held that that still meant that someone's nephew could not serve wine unless he went through the OLCC training program. Councilor McPeak referenced the paragraph on page 83, which relayed the previous discussion on the issue and confirmed Councilor Graham's point. Mayor Hammerstad recalled objections (including hers) during the previous discussion to requiring people to take the course in order to be bartenders at weddings. Mr. Schmitz clarified that the proposed language meant that the alcohol server had to obtain the necessary approval of the OLCC, which did not necessarily mean taking the OLCC course. Councilor Rohde explained that a server's permit was not required at special events; only employees had to have one. Councilor McPeak indicated that she did not intend to object to the item but she was concerned about the City's liability in the same way that individuals who allowed someone in their home to drink to excess, and then that person later had an auto accident, were liable. David Powell, City Attorney, confirmed that hosts or tenants of a City facility were liable in that situation. lie explained that the City's liability in this situation was low because the people were either serving their own alcohol or hiring a professional licensed server; unless the City hosted an event and served alcohol to an intoxicated person, there should not be a problem. Councilor Graham observed that, with this ordinance applying only to Millennium Park, the issue of allowing a family member to serve alcohol at a wedding reception at the Adult Community Center or other City facility was a separate issue. Mayor Hammerstad concurred, noting that that issue would come to the Council when the Parks Department returned with the City Council Morning Meeting Minutes Page I of 12 July 3, 2001 updated regulations. Mr. Schmitz agreed that it was a future decision. He mentioned that the current regulations did allow the exception of consumption of alcohol in the Center dining room, when offered for sale by an approved contractor. Mayor Hammerstad confirmed to Councilor Turchi that this ordinance would allow a family member of age, and with a one-time event temporary permit from the OLCC but no training, to serve alcoholic beverages at a private event in Millennium Park. Councilor Turchi asked why allow this at Millennium Park and not at other parks. Mayor Hammerstad explained that the City was under a time crunch with Millennium Park because the concert series was starting, whereas they had more time to consider other parks. Councilor Schoen pointed out that the issue with other parks was that they were surrounded by neighborhoods whereas the noise and activities at Millennium Park were confined to a specific area. Mayor Hammerstad spoke to pulling this item for further discussion tonight in order to allow the citizens to hear the Council discussion and the decision. Councilor Turchi said that he did not have a problem with people bringing beer and wine to a concert at Millennium Park but he saw a difference between a relatively small group of people bringing their own alcoholic beverages and a large event where they should have trained alcohol servers. Mr. Schmitz suggested splitting the issue into two parts: one part dealing with the events Councilor Turchi referred to (for future discussion) and the other part dealing with the concert provision (for a decision tonight). Mr. Powell indicated that the Council could pass an amended resolution tonight. The Council agreed by consensus Item 4.3.2, Financial Policies Councilor McPeak explained that her question did not relate to the changes themselves, rather she needed clarification on No. 3 under Revenue Policies (page 37), which spoke of establishing all user charged fees at a level related to the full costs. She asked if the City's subsidies on utility bills for low-income people contradicted this policy. Chris Jordan, Assistant City Manager, indicated that the low-income subsidy was the exception to the rule. He spoke to continuing the City's current practice for this subsidy. He concurred that the City's objective for the rest of its fees and charges was full cost recovery. Mayor Hammerstad observed that they set the fees to recover the full cost of the service, which included the subsidies. Councilor McPeak asked for clarification on the `annual balancing' referred to under No. 1 under expenditure policies. Mr. Jordan mentioned that the State required cities to adopt a budget annually. He explained that the City currently operated under an annual budget, although in the past it did use a biennial budget with the second year as a planning budget. Mr. Powell recalled a bill at the legislature to allow bi-annual budgeting. lie said he would track that and see what happened to it. Councilor McPeak indicated that if the Council did have the option of a biennial budget, there were a couple of things that she would like to discuss. • Item 4.2.1, Springbrook Creek restoration project Councilor Graham asked where the 26.87 foot section was located and why the City was working on that particular section. Mr. Schmitz said that it was the section behind the Spring Village and the Taste of China restaurant. lie indicated that the neighbors asked the City to work on that section because of the sloughing that occurred during the City's work on Mountain Park in previous years. • Item 4.3.1, authorizing the Mayor to sign an intergovernmental agreement with Clackamas County for mediation services Councilor Graham referenced date stamp page 19. Mayor Hammerstad confirmed to Councilor Graham that the city was billed for mediation services. City Council Morning Meeting Minutes Page 2 of 12 July 3, 2001 48 There were no corrections to the minutes. • Citizen Comment Councilor Turchi advised the Council that Mary Anne Carter called him last night and informed him that several people would come to the meeting tonight to represent the under high school age football community, which was concerned about whether or not they would have a place to play this summer. Mayor Hammerstad and Councilor Graham each indicated that she received the same call. Mayor Hammerstad reviewed her intended remarks at the meeting to inform the public of the upcoming Executive Session discussion of the issue and the Council's efforts to solve the problem. Mr. Jordan suggested that the Mayor announce that staff would attend the Teams Sports Advisory Committee's meeting Monday night to report on anything public that came out of the Executive Session. Councilor Rohde argued for holding the Executive Session in advance of the meeting tonight in order to allow the Council to respond to the coninlunity's concern. Mayor Hammerstad concurred. Mr. Powell noted that staff was meeting with Dick Alexander at 4 p.m. to discuss the Field Turf situation, which was why staff moved the Executive Session from the morning meeting to 6:30 p.m. or following the evening meeting. Mayor Hammerstad suggested moving the Executive Session from 6:30 p.m. to 5:00 p.m. Mr. Powell indicated that the Council continuing a morning Executive Session to this evening addressed the noticing problems. Mr. Powell advised the Council that John Cox intended to discuss the issue of cars with for sale signs that were parked in the right-of-way, and to ask the Council to pass an ordinance to prohibit those. He recalled that the during the early 1990s the Council rescinded an ordinance prohibiting for sale signs on cars because of an incident in which someone driving around with a for sale sign on the car, parked, went into the bank, and came back to a citation on the car, which the individual thought was silly. Mr. Powell observed that the problem was that the City could not regulate the content of the signs that it allowed. He indicated that he needed to finish his research into the question. He noted that the Council typically did not respond during citizen comment. fie suggested that the Council ask staff to bring back a report on the issues involved. Councilor Schoen asked how the City delineated between the bike lanes and the parking areas. He mentioned two SUVs parked at McVey and South Shore all day with for sale signs on them in what lie thought should be the bike lane. Mr. Powell explained that it was illegal to park in a properly marked bike lane but not in an unmarked area. Councilor McPeak spoke in support of finding a way to regulate this offensive practice. • Councilor Reports Councilors McPeak, Rohde and Mayor Hammerstad indicated that each had a report to make. Councilor Graham said that she had an announcement regarding two Youth Councilors. Councilor Rohde agreed to that Mayor's request that he report on the concert series. 4. REVIEW FUTURE AGENDA ITEMS Mayor Hammerstad advised the Council that Representative Richard Develin called her yesterday to inform her that the transportation package at the legislature (HB 2408) was in danger of going down at the Senate because the Senate decided to include in it the bill pre- empting local governments from doing street utility fees. Mr. Schmitz, indicated to Mayor Hammerstad that the invoice from the National League of Cities conference was part of the budget and did not need specific Council approval for payment. City Council Morning Meeting Minutes Page 3 of 12 July 3, 2001 4 9 Mayor Hammerstad asked who wanted to do the welcoming at the July 4 rummer concert (6:25 p.m.) Councilor Rohde nominated the Mayor with Councilor Graham seconding the nomination. The Mayor said that she would do it. Mayor Hammerstad informed the Council that the organizers of the Timothy Lake Retreat on July 26 and 27 had limited overnight accommodations available and have asked that each jurisdiction attending send only two representatives. She asked who wanted to go with her. Councilor Rohde indicated that he could attend as a JPACT representative, thus freeing up another spot for a Lake Oswego Councilor. Mayor Hammerstad asked anyone interested to let her know. Councilor Graham suggested moving the July 9 meeting with the County from the Main Fire Station to the Council Chambers, as she understood that a large number of people wished to attend. Mayor Hammerstad concurred. Robyn Christie, City Recorder, indicated that the Planning Commission used the Chambers that evening. She said that she would check on the availability of the courtroom. Mr. Schmitz confirmed to Mayor Hammerstad that Cathy Schroyer was notified of the meeting and requested an opportunity to speak. Mayor Hammerstad indicated that, given the frill agenda, it was unlikely that they would have time for public testimony. Mayor Hammerstad indicated to Councilor Schoen that she did add his concern about home occupations on Country Club Road to the meeting agenda. She mentioned regulation of the signage and Councilor Graham mentioned the parking as an issue. Mayor Hammerstad rephrased Councilor Rohde's question to staff as could the City annex only the property adjacent to Country Club Road without going into Forest Highlands. Jane Heisler, Long Range Planning Manager, said no. She described the area as a peninsula, and not an island. Mayor Hammerstad advised the Council of a request she received from the World Wildlife Federation to write a letter to President Bush regarding global warning and his opposition to the Kyoto treaty. She indicated that, while she could write the letter on her own on City stationary, she wanted to know how comfortable the Council was with her writing letters about things that were not directly related to Lake Oswego. She commented that she did see this issue as related to Lake Oswego. Councilor Graham said that she did not have a problem with the Mayor writing a letter. Councilor Rohde suggested holding a study session to discuss the broader ramifications of global warming to Lake Oswego before sending out a statement on City letterhead stating the City's views. Councilor McPeak concurred with Councilor Rohde. Mayor Hammerstad indicated that she was not comfortable with the request, although she did think it was a significant issue. Councilor Rohde indicated to the Mayor that he wanted neither the study session nor the letter. Councilor Graham supported the letter while Councilor McPeak did not. Mayor Hammerstad noted the Mary's Woods Grand Opening on September 7 at 7:00 p.m. Mayor Hammerstad indicated to Councilor McPeak that they would discuss the method of selecting the Boards and Commissions at the mid -year retreat. She said that Joe Hertzberg would facilitate. She mentioned agenda items of visioning, goal check and items discussed at the goal setting retreat but not yet accomplished. Mayor Hammerstad confirmed to Councilor Rohde that the Council still had a tour of Mary's Woods scheduled for July 23. She mentioned the walking tour on Friday, July 13, with the I listoric Review Advisory Board. She indicated to Councilor Graham that they would have to reschedule the Eagle Creek tour. City Council Morning Meeting Minutes i Page 4 of 12 July 3, 2001 )!) Mr. Schmitz indicated to the Mayor that staff has taken care of the request from the American Cancer Society for a speaker or luminary at its Relay for Life on July 28 and 29. He noted that the Society moved the location from Lake Oswego to Tualatin. Councilor Schoen asked to schedule a meeting with the Parks & Recreation Advisory Board to discuss a serious review of the field fees. He mentioned the probability that the City would have to increase its fees in order to cover maintenance costs. Mayor Hammerstad mentioned the information recently received by the City regarding the possibility of the City taking over the collection of fees for some of the sports clubs. She noted that the amount of money that the sports clubs generated and carried over was into the hundreds of thousands of dollars, yet they paid the City $7 per participant. She spoke to addressing the obvious inequity and the accusations that the City was not providing service while increasing its fees. She characterized this as a source of funds that should be going to maintain the fields. She agreed that they should meet with the Board but indicated that they also needed a broader study of the issue of fees and field maintenance. 5. OTHER BUSINESS 5.1 Beautification Projects Bill Gerber, Chamber of Commerce, recalled his previous request to the Council for equipment assistance in hanging the baskets for safety reasons. He noted the Council's concern about the loss of citizen involvement. He said that the Committee has found a way to address both the citizen involvement and safety concerns. Mr. Gerber described the distribution of the hanging baskets as occurring in two categories: those in areas with a high concentration of baskets (mostly near the business districts) and those in the outlying areas with a sporadic distribution of baskets. He pointed out that the outlying areas were the more dangerous areas, such as Kruse Way, Marylhurst, and Country Club Road by the high school. Mr. Gerber said that the Committee divided the City into sectors and appointed "Sector Chairmen" to take responsibility for hanging the baskets in their individual sectors. He observed that this would help them organize the crews with a mixture of experienced basket -hangers and newcomers (which would increase the safety) who would hang baskets in their assigned sectors. Mr. Gerber asked the Council for help in the outlying areas, which were the more dangerous and the more difficult to arrange for but which also represented a small proportion of the total distribution area for the baskets. He held that this proposal enhanced the volunteerism through better organization while addressing the safety issues by using a lift truck in the more dangerous areas. He emphasized that the volunteer groups would do the vast bulk of the basket hanging. Councilor Graham asked how the City helping in the outlying areas addressed the Chamber's insurance problem on the interior areas, as described in Chris Hoffman's letter. Mr. Gerber stated that he had not seen the letter, which he then read. He indicated that he did not find that the letter discussed his particular concerns of safety and continued volunteerism. Councilor Rohde characterized Mr. Gerber's proposal as an excellent compromise. He concurred that the outlying areas were the more difficult areas; eliminating those and allowing the volunteers to hang the easier baskets maintained the community involvement while protecting the volunteers from the dangerous intersections. Councilor Turchi questioned the City's exposure if it stated that the danger in hanging the baskets was real and universal but some were more dangerous than others, and it only took care of the `more dangerous' ones. He held that, if someone was then injured hanging a `less dangerous' basket, then the City exposed itself to greater liability issues and problems than if it did nothing. He recounted an incident in which someone (after an injury at a crossing) sued City Council Morning Meeting Minutes Page 5 of 12 July 3, 2001 5� Rivergrove Elementary for its inability to provide a crossing guard at that crossing after it had tried to hire a crossing guard and failed. Councilor Turchi argued that the City would have a harder time defending itself in an injury lawsuit using an argument of gradation of danger in different locations than it would if it did nothing. He asked the City Attorney if there was a better way legally to address this situation. Mr. Powell pointed out that the Chamber, not the City, sponsored this volunteer project, which distanced the City from the liability issues. He noted that Councilor Turchi's question looked at the question of what was the appropriate level of causing people to be exposed. He discussed the issue of `reasonable risk.' He indicated that if there was more than the `reasonable risk' of every day activities involved in a City activity, then the City might have some liability issues, absent signed waivers. He suggested asking the volunteers to sign waivers. Councilor Rohde pointed out that the City put up the brackets. He argued that if someone were going to sue over this type of thing, then he/she would name the City along with whomever he/she could tie into the incident. He contended that this did not increase the City's risk more than it already had. Mr. Powell indicated to Councilor McPeak that, while waivers were not foolproof against a lawsuit, they were a good idea. He reiterated that this was not a City project but indicated that, if he were at the Chamber, he would recommend that the Chamber get the waivers; doing so provided another layer of defense and put people on notice that this was an activity in which injury could occur. Mr. Powell indicated to Councilor Rohde that the City required signed waivers from participants in the Parks & Recreation activities. He said that he did not know if they obtained waivers for an ivy pull but reiterated that signed waivers were good to get for physical and/or recreational activities. Councilor McPeak pointed out that they were discussing two separate problems: Mr. Gerber's volunteer concerns and the Chamber letter on liability issues. She observed that they did not know why the Chamber has not addressed its liability concerns through waivers. Mr. Gerber mentioned his concern with the letter, as he had been unaware of it, and that he did not know what it was asking; it simply stated the problem. He indicated that he would get tine letter clarified. Mayor Hammerstad noted the Council discussion heading towards consensus to allow the City staff to help hang the baskets in the outlying areas. She observed that if Mr. Gerber could get private partners with similar equipment to help, then they could do the basket hanging in one day. She asked Mr. Gerber to keep the Council informed of the Chamber discussion on the letter. She mentioned the Council's preference that the Chamber solve the issue internally. Councilor McPeak asked if Mr. Gerber's proposal represented a greater expense to the City than already budgeted for. Mr. Schmitz said yes, but pointed out that it would be less than tine original $1,600 that Mr. Gerber requested for hanging all 230 baskets, as the City would be hanging fewer baskets. Mr. Gerber said that it would be less than 30 baskets. Mr. Schmitz indicated to Councilor McPeak that staff did not budget specifically for this request; they would do it instead of something else. Councilor Schoen concurred that the expense was nominal. lie spoke in support of the proposal as a means of encouraging volunteerism. Councilor Graham spoke in support of the City helping but asked for a report from Mr. Gerber on the details of the Chamber program and how the Chamber intended to deal with its insurance issues. Mayor Hammerstad observed that the program and the insurance were the Chamber's business, and not the City's; the City was only offering assistance. Councilor Rohde concurred with the Council staying out of the Chamber's business. Mr. Gerber assured the Council that the Chamber would address the issue raised in the letter; he would report back to the Mayor. City Council Morning Meeting Minutes Page 6 of 12 July 3, 2001 ti Mayor Hammerstad indicated that she would answer the Chamber letter by reporting the results of today's decision. Councilor Rohde moved to assist the Chamber Basket Committee with the hanging of baskets as designated by the Committee (in the outlying sectors). Councilor Turchi seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak voting in favor. 16-01 5.2 Topics for Meeting with Clackamas County Mayor Hammerstad reviewed the attachments to the Council packet on the issues scheduled for discussion with the County Commissioners. • Lake Forest Neighborhood Plan, Annexation Jane Heisler, Long Range Planning Manager, reviewed the four issues listed in her memo. She suggested that the Council encourage the County Commission to point out which polices it perceived as `prescriptive,' as opposed to `descriptive;' staff would then work with the neighborhood to reword them. Ms. Heisler recommended that the Council explore with the Commission any concerns it had with the County adopting the tree cutting and home occupation policies, as the City staff has heard only from the County staff to date. She mentioned that they could look at a phase-out period for home occupations or continue them as non -conforming uses. Mayor Hammerstad pointed out that a non -conforming use ran with the land, and not the business; she suggested phasing them out when the property sold. Mayor Hammerstad observed that the sign ordinance and annexations issues would inevitably surface during a discussion on the Lake Forest plan. She discussed her concern with the confusion that might result from intertwining too many issues at one time. Mayor Hammerstad indicated to Councilor McPeak that the City was not asking the County to take on an additional financial burden. Ms. Heisler concurred. She mentioned the confusion that would arise with these people coming under the City ordinance without living in the City Councilor Schoen pointed out that Lake Oswego was almost unique in being surrounded by other cities; Lake Forest was not an agricultural area, such as the areas outside Oregon City or Estacada. He argued that their situation required a separate rule from the County. Mayor Hammerstad noted that Lake Oswego did have separate rules under the UGMA. Mayor Hammerstad confirmed to Councilor McPeak that the financial situation at the County meant that the Board was predisposed to giving this burden to the City. Councilor Schoen spoke to getting clarification from the County Commission itself rather than from the Executive Officer. Mayor Hammerstad commented that it would be helpful to put these provisions in the UGMA. Mayor Hammerstad mentioned that the Council wanted the Commission's support for annexation. She suggested including in the neighborhood plan an additional statement about the process and timeline for annexation. She explained to Councilor McPeak that the County support lay in the County telling the area residents that it no longer would provide urban services, code enforcement or storm water management, etc., and recommending annexation to the City. Ms. Heisler referenced the recent situations on Goodall Road and Country Club Road where the sites on the City's sensitive lands inventory were stripped of all vegetation; on one parcel, the stream corridor was redirected at a 90 -degree angle. She noted that the City did not allow those activities under its code; the County had some regulation but no enforcement capability. City Council Morning Meeting Minutes Page 7 of 12 July 3, 2001 5 3 Ms. Heisler observed that, as a result of these kinds of activities, the City brought in sites that caused erosion because of the stream corridor and the lack of vegetation. Site indicated that the City could require some mitigation when the owners requested a partition but they would spend a lot of time reconstructing the topography and figuring out how to the return the site to its original state. She said, in the end, the City ended up with a site with diminished fi►nctions and values for habitat and water quality. She commented that she expected to see more of this behavior with the sewer now installed in Goodall Road up past Hazel. Ms. Heisler indicated to Mayor Hammerstad that the probable solution was the City doing something similar to Lake Forest where the City either annexed the area or made changes in the UGMA, which allowed the City to enforce its regulations. She confirmed that both of those issues were scheduled for discussion under the "UGMA changes" heading, as well as the signs. Councilor Graham referenced Ms. Heisler's comment in her memo that the Oregon Division of State Lands (DSL) cited the property owner. She asked how vigorously did DSL pursue violations like this. Ms. Heisler said that she was not certain. She explained that the State cited the property owner because a neighbor brought it to their attention and the owner did not have an appropriate permit. She indicated that DSL would not have pennitted that activity either. Mayor Hammerstad concurred that DSL would pursue the violation but pointed out that DSL did not have enough field inspectors to deal adequately with these types of local situations. Councilor Graham commented that the inability of the County and the State to pursue these violations added weight to the annexation argument. Councilor Graham referenced Ms. Heisler's statement in her memo that `condition annexation upon restoration' was not an ideal option. She asked if the City would educate the property owners with respect to how the land should be but not enforce it. Ms. Heisler indicated that there were different gradations of voluntary and regulatory. She commented that education was nice but it might not achieve the objective. • Rivergrove Sewer Local Improvement District (LID) or Zone of Benefit Mayor Hammerstad referenced the information in Mr. Schmitz's memo that 21 of the properties were in the County, 23 were in the City of Rivergrove and the two big parcels were in the City of Lake Oswego. She wondered whether the County might support a zone of benefit. Councilor McPeak asked for a summary of the legal difference between an LID and a zone of benefit. Mayor Hammerstad explained that all the property owners shared in an LID (it was a lien against the property) whereas someone paid up front in a zone of benefit and the property owners paid back their portions upon connection. She observed that normally those who up fronted the money in a zone of benefit were the underlying jurisdiction or the first property owners needing the improvement. She noted that the zone of benefit might or might not be paid back. Mr. Powell confirmed to Councilor Graham that the City would extend the 10 -year time limit on a zone of benefit. Councilor Schoen spoke to convincing the County to support an LID because the City had enough challenges with sewer construction. Ile expressed concern over what other projects the City put aside in order to finance the sewer under a zone of benefit. Mayor Hammerstad asked the City Manager why this sewer was the City's obligation. Mr. Schmitz mentioned the agreement with the City of Rivergrove in which Lake Oswego agreed to provide sewer service, the location of the other properties within Lake Oswego's urban services boundary, and the School District's request for assistance in providing sewer to the school. Mayor Hammerstad confirmed to Councilor McPeak that the City was responsible for the 23 Rivergrove properties in addition to the school and the park. She suggested the goal for this item as identifying a financing mechanism that worked. She observed that the City's first choice was an LID. City Council Morning Meeting Minutes Page 8 of 12 July 3, 2001 J �� Councilor Rohde asked what provision the City had to override remonstrances against an LID. Mr. Powell explained that a two-thirds majority could remonstrate and delay the project for six months but the City could proceed with the project after that period over the remonstrances. Councilor Rohde recalled the Lakeview LID process in which the City had a majority of signed non -remonstrance agreements. He observed that, in this situation, the property owners had an opportunity to engage in the remonstrance process for six months to a year. Mayor Hammerstad concurred that this was not an ideal situation. Mr. Schmitz indicated to Councilor McPeak that DEQ gave the District a year to get a project going that would fix the school's septic problem. Councilor McPeak described the situation as the City having no choice but to install the sewer for health reasons and no power to get the financing without up fronting the funds itself, if it could not persuade the 21 County residents to participate in an LID. She characterized the zone of benefit as the least desirable solution from the City's point of view and the LID as politically volatile but with no financial risk to the City. Mayor Hammerstad pointed out that at least the City could do the project under a zone of benefit; the problem was that the City might not get paid back in the long run. Mr. Powell indicated to Councilor Rohde that, while in theory the City could authorize a zone of benefit in perpetuity, it probably could not bond off it, as it was not a fixed revenue source. Mr. Jordan concurred. He pointed out that a bond required annual payments but the City did not know that it would take in sufficient revenue from the zone of benefit annually to make those payments. Mr. Powell indicated to Councilor Schoen that the ordinance did allow the City to treat an LID like a Bancroft bond with payment over five years instead of within one year. Councilor Schoen commented that that might be a more palatable option. Councilor McPeak commented that, although she knew there was significant opposition to an LID, she felt that the health reasons behind the LID formation was sufficiently strong as to make it the right thing to do. Councilor Turchi noted that many people in this area recently spent a substantial amount of money upgrading their septic systems and did not want to hook up immediately. He asked if DEQ had jurisdiction over the upgrade of septic systems, and could require property owners with failed septic systems to hook up to sewer if it was within a certain distance from their property. Mr. Powell said that the DEQ regulations would not permit a new septic system if sewer were available within 300 feet. Councilor Turchi suggested creating a zone of benefit for 25 years (which was longer than the life expectancy of a new septic system) because that increased the City's chances of payback when the septic systems failed. He pointed out that a certain percentage of the properties would hook up immediately because the property owners wanted sewer; the City would not end up with 44 unconnected properties. Councilor McPeak asked for dollar figures on the City's liability in waiting for reimbursement by individuals. Mr. Schmitz indicated that the City and School District were discussing how to split up the $650,000 cost of the non -subdivision part. Councilor McPeak commented that the City might be risking a maximum of $250,000. Councilor Schoen asked what projects did the City give up in order to finance a zone of benefit. He spoke to the Council having the courage to go forward with the LID. He held that the people would be opposed to anything. He indicated that he did not have the confidence in a zone of benefit to depend on it for the future reimbursement. Councilor Rohde concurred with Councilor Turchi's comments regarding the City's chances of quick reimbursement. lie held that the septic systems in that area were failing at a rapid rate. fie described Rivergrove as the first in a system wide septic failure, resulting in the requirement that City Council Morning Meeting Minutes Page 9 of 12 July 3, 2001 5 t' the entire area annex to Lake Oswego. He argued that the City was not at risk financially with a zone of benefit but as a government, it had the capacity to do a zone of benefit and wait the time it took for reimbursement. He indicated that he did not support forcing an 1..11) on people who were not ready to hook up to sewer, as that would only stir up unnecessary trouble. Mayor Hammerstad concurred with Councilor Rohde. She pointed out that the worst thing that the City could do, with its long-range objective of annexation, was to force an Lit) opposed by the property owners; it only exacerbated the problem and set the City up for failure. She argued that by doing a zone of benefit, the City demonstrated its willingness to work with the neighbors. Councilor Graham asked how much more could the land take with the septics pouring into it, speculating that it could be 10 years or less. She spoke to obtaining the factual scientific data that described the reality of the situation in this area. Councilor Turchi observed that a 10 year reimbursement period provided an incentive to property owners to try and wait it out; a 25 year period was long enough that it increased the chances that people would hook up to sewer sooner. Mayor Hammerstad noted that the conversation with the County Commission would focus on its opposition to the LID. She spoke to exploring other options, should the County maintain its opposition, such as the County contributing funds to the upfront financing of the zone of benefit. Councilor Schoen asked about support from Rivergrove. Mayor Hammerstad noted that Rivergrove did not have the wherewithal to contribute. She suggested discussing Rivergrove at another time. Mayor Hammerstad suggested removing the Stafford item, as it was less urgent and they probably would not have sufficient time to discuss it anyway. She noted that the County financing issue was likely to be a subject at the Timothy Lake retreat, and suggested not addressing it at this meeting. Mayor Hammerstad clarified to Councilor Rohde that if the Commission raised the issue of Stafford, then they would discuss it. She summarized the City's message as it would like the Commission to support the Stafford area staying outside the urban growth boundary until the offsite infrastructure problems were solved. She suggested discussing the bridge and the I-205 improvements. She mentioned telling them of the Council's expectation that, if Stafford did come into the urban growth boundary, it would not develop within the County. Councilor Rohde mentioned the City receiving communication on the Stafford -Borland Road intersection, which the County refused to deal with. He suggested stationing traffic cops in the morning and evening at the intersection in order to control the traffic, a solution that worked well all over the East Coast. Councilor McPeak requested a brief Council discussion about the financing issue before presentation of the Council's point of view at the Timothy Lake retreat. She mentioned her concern about the County street utility fee. Mayor Hammerstad pointed out that the County fee only covered the unincorporated areas. Mayor Hammerstad discussed her concern with the County Coin inissioners not upholding an earlier Commission's agreement to honor the vote to extend the library funding from the permanent rate in the same proportion that the vote had authorized it; this Commission has agreed to extend it only for the remainder of the unexpired term of the former serial levy (Bob Kincaid's memo). 5.3 Boards and Commission Wish Lists Councilor Graham referenced a memo about the Library Advisory Board's wish list, which Maria Meneghin brought up, for things such as a bike rack or a book cart to transport books from the book return drop. She spoke to these items as falling within the purview of the Friends of the City Council Morning Meeting Minutes Page 10 of 12 July 3, 2001 56 Library. She mentioned Mr. Schmitz's suggestion that the Council discuss the issue of Board and Commission wish lists. Councilor McPeak noted that the Arts Commission had a separate arm for fundraising. Mr. Schmitz commented that the Library Advisory Board did also. He clarified that the policy question was whether or not the Boards and Commissions, separate from their fundraising organizations, could solicit contributions from the community for `wish list' items. Mr. Schmitz indicated to Councilor Rohde that this was not a situation where the Council would ask the Boards and Commissions to use a different name when fundraising because policy required that Boards and Commissions be separate from their fundraising arms. He explained that his concern was that allowing the Boards to ask the community for money for things on `wish lists' might result in inundating the community with these requests. He described it as the Boards asking the community for money for these things they wanted but could not get because the Council did not give them money in the budget for those items. Councilor McPeak spoke against turning Boards and Commissions into fundraising arms. Councilor Graham concurred. She held that it was not the Board's job to raise the money; the Board should ask the Friends for help in purchasing items like a bike rack. Councilor Rohde concurred. lie suggested discussing the situation with the Board chairs. Mayor Hammerstad observed that this issue needed more in-depth discussion than the Council had time for this morning. Mayor Hammerstad noted the schedule change for the July 10 meeting; since the consultant on sustainable development would be here in the morning, they moved the entire meeting to 7:30 a.m. and cancelled the evening meeting. 6. EXECUTIVE SESSION Mayor Hammerstad recessed the meeting at 9:20 a.m. to Executive Session pursuant to ORS 192.660 (1) (h) to consult with counsel with regard to current litigation or litigation likely to be filed, (e) to conduct deliberations with persons designated to negotiate real property transactions. Mr. Powell reviewed the Executive Session parameters. 7. RETURN TO OPEN SESSION Mayor Hammerstad reconvened the morning meeting at 9:50 a.m. Councilor Rohde moved to continue the Executive Session to 5:30 p.m. Councilor Schoen seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak voting in favor. 16-01 Mayor Hammerstad recessed the meeting at 9:50 a.m. 8. CONTINUATION OF THE SPECIAL MEETING Mayor Hammerstad reconvened the special meeting at 5:30 p.m. Present: Mayor I-Iammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak. Councilor Hoffman was excused. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; 9. EXECUTIVE SESSION Mayor Hammerstad recessed the meeting at 5:30 p.m. to Executive Session pursuant to ORS 192.660 (l) (h) to consult with counsel with regard to current litigation or litigation likely to be City Council Morning Meeting Minutes Page I I of 12 July 3, 2001 r �'1 filed, (e) to conduct deliberations with persons designated to negotiate real property transactions. Mr. Powell reviewed the Executive Session parameters. 10. RETURN TO OPEN SESSION Mayor Hammerstad reconvened the special meeting at 6:10 p.m. 8. ADJOURNMENT Mayor Hammerstad adjourned the special meeting at 6:10 p.m. Respectfully submitted, 20� ay;� Robyn Christie City Recorder APPROVED BY THE CITY COUNCIL: ON Judie Hammerstad, Mayor City Council Morning Meeting Minutes Page 12 of 12 July 3, 2001 58 4.4.2 08/07/01 MINUTES OF JULY 3 2001 REGULAR MEETING LKSL Os, di 0 CITY COUNCIL MEETING MINUTES July 3, 2001 Mayor Judie Hammerstad called the regular City Council meeting to order at 6:20 p.m. on July 3, 2001, in the City Council Chambers. Present: Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak. Councilor Hoffman was excused. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder Youth Council Present: Matt Buehler 3. UPDATE ON COUNCIL GOALS FOR 2001 Councilor Graham reviewed the update of Council Goals (pages 3-7, Council packet). Mayor Hammerstad announced the Council's mid -year review of its goals, scheduled for Monday, July 16, from 9 a.m. to 3 p.m. in Millennium Park (City Hall if it rained). 4. CONSENT AGENDA Councilor Rohde reviewed the consent agenda for the audience. Councilor Schoen moved approval of the consent agenda. Councilor McPeak seconded the motion. A voice vote was taken and the motion ped with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak voting in favor. 16-01 4.1 COUNCIL BUSINESS 4.1.1 Resignation of Karen Cronin Wheat from the Historic Resources Advisory Board ACTION: Accept resignation with regret. 4.2 REPORTS 4.2.1 Bid Award for Springbrook Creek restoration project ACTION: Award a public improvement contract to Henderson Land Services LLC in the amount of $204,461.60. .3.3 RESOLUTIONS 4.3.1 Resolution 01-58, authorizing the Mayor to sign an intergovernmental agreement with Clackamas County for mediation services ACTION: Adopt Resolution 01-58 4.3.2 Resolution 01-60, updating the City's financial policies as shown in Exhibit A, replacing Finance Procedure No. 5 and No. 8 as shown in Exhibit 13 ACTION: Adopt Resolution 0 1 -60 4.3.3 Resolution 01-61, amending the policies governing the use of city owned park and recreational facilities to regulate the use of alcohol at Millennium Plaza Park. ACTION: Adopt Resolution 0 1 -61 City Council Minutes Page I of 7 July 3, 2001 6 i 4.4 APPROVAL OF MINUTES 4.4.1 May 15, 2001, regular meeting 4.4.2 May 21, 2001, information session 4.4.3 May 22, 2001, morning meeting 4.4.4 May 22, 2001, special meeting 4.4.5 May 23, 2001, civic engagement breakfast ACTION: Approve minutes as written END CONSENT AGENDA 5a. ITEMS REMOVED FROM THE CONSENT AGENDA 5b. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Hammerstad stated that the Council's primary concern, with respect to the artificial turf fields at the high schools, was the safety of the users. She expressed the Council's regret that the City has had to close the fields, due to Field Turf's breach of contract regarding the shock absorbency ratings agreed upon in the contract. Mayor Hammerstad read a statement explaining the situation and the reasons behind the Council's action in closing the synthetic fields at Lake Oswego and Lakeridge High Schools. She mentioned the Council's intent to protect against injuries, to protect the long-term public investment of $1.8 million in the fields, and to see guarantees from Field Turf that their proposed remedial grooming would not shorten the life of the City's long-term public investment. She stated that, since the close of the fields, the City has been aggressively pursuing resolution of this dispute. Mayor Hammerstad indicated that, based on the information that the City has received from Field Turf regarding its proposed remedial solution, the Council was skeptical that Field Turf s proposed solution would work, which was why the Councilors wanted guarantees in advance. She emphasized that the Council was working to re -open the fields but the safety of the users remained paramount. Mayor Hammerstad noted that the Council would consider replacement of the fields, should Field Turf not meet the safety tests, and expect to recover all damages from Field Turf and other responsible parties. She commented that the Council did not prefer this option, as it would be time- consuming, but the Councilors were prepared to take the necessary steps to reach the safety standards for the field. Mayor Hammerstad asked David Powell, City Attorney, why the City entered into a contract with a company that could not fulfill the specifications; was Field Turf the only bidder?. Mr. Powell indicated that several turf providers had been interested in the specifications. Fie explained that the City let the contract to a general contractor, Bones Construction, which, in turn, subcontracted with Field Turf to provide the artificial turf. He observed that there was no indication during the City's process that any of the interested companies anticipated not being able to meet the specifications. Mr. Buehler referenced an earlier, similar discussion the Council had on the possibility of building another swimming pool or tennis court. Ile asked the Council to keep in mind that, first, the community had to make the decision to proceed with these facilities; once that decision was made, then they needed to do it right. Mr. Buehler concurred that this situation was not the City's fault but held that, if they had to do it over again, they should make sure to do it right this time so that the problem did not resurface again later. City Council Minutes Page 2 of 7 July 3, 2001 6. CITIZEN COMMENT • Rich Robbins, 1560 Cherry Crest Drive, Lakeridge Youth Football Association President Mr. Robbins urged the Council to come to a quick resolution regarding the turf fields at the high schools. He acknowledged the City's safety concerns but explained that closed fields past July 17 seriously impacted the youth sports associations and adult leagues' ability to play not only this summer, but into the fall as well. Mr. Robbins described how the closed fields at the high schools affected the scheduling and coordination required of the Lake Oswego youth sports associations as participants in the regional youth sports activities. He mentioned the impact on his association's primary fundraiser, the Lake Oswego/Lakeridge Football Jamboree. He commented that, while they shared the City's safety concerns, they did not see movement of activities to the marginal fields to be any more consistent with safety standards. Mayor Hammerstad mentioned that City staff would attend the Team Sports Advisory Committee (TSAC) meeting on Monday night, and provide any more information that the City had at that time. Councilor Schoen discussed an e-mail circulating around the city regarding this situation. He observed that the City has been aggressively pursuing resolution of this situation with little success to date. He reiterated that, for the City, the primary concern was safety, and achieving a resolution that allowed children and athletes to play on a safe surface. Councilor Rohde noted that the Council was aware of the need for fields in Lake Oswego, as there was a shortage, even if those two fields were open. He stated that the Council would not undertake in a flippant manner anything that would eliminate the ability of the citizens to use this significant public investment. He reiterated that Council put the safety of the people using the fields first over allowing the field use. Mr. Buehler asked if the Lake Oswego and Lakeridge football teams would not be able to compete in the OSAA league this year if those fields were not open. Mr. Robbins said that, as members of the Tualatin Valley Youth Football League (the umbrella organization for 32 associations in the region), they needed to provide field space in order to compete. He explained that the best -case scenario was the League allowing the Lake Oswego school teams to continue to compete, even though they had to travel to every game. The worst-case scenario was the League refusing to let them compete because they could not contribute playing fields. Mr. Robbins noted that the Lakeridge grass field was the only other playing field in the City acceptable to the League. He observed that, should they offer that field to the League, the number of teams assigned to it would overwhelm it. He mentioned that the League has not cut them off from competition at this time because it understood that these were circumstances beyond their control. lie indicated to Mr. Buehler that he could not address the question of high school sports, as he dealt solely with youth sports. Mr. Buehler commented that he had many friends participating in the football programs at the high schools. Ile remarked that it would be very unfortunate if they could not compete, although he understood that safety came first. Councilor McPeak commented that the possibility of a serious injury to a field user because the fields were too hard overwhelmed all other reasons that one might be tempted to keep them open. She indicated that once the fields were safe to use, the Council would support these activities. Mr. Robbins said that they were simply asking that Council expedite the resolution so that they could plan around it. • .John Cox, 4787 Red Wing Mr. Cox stated that he worked as the property manager and marina manager at 696 McVey. He spoke to the issue of the proliferation of used cars for sale on weekends at various intersection corners around Lake Oswego (i.e., McVey/State, Pilkington/Jean, Stafford/McVey/South Shore), City Council Minutes _ Page 3 of 7 July 3, 2001 G;� He argued that this situation resulted from a loophole in the City's current ordinance. He listed two ordinances that were affected: LOC 32.06.080 (obstructing traffic) and 42.18.1010 (encroachments). He said that the key phrase in the stored motor vehicle ordinance was the 72 hours allowed to leave a car on the street. Mr. Cox argued that the stored motor vehicle ordinance was inappropriate in the business zones in Lake Oswego. He pointed out that under the current ordinance, all a motor vehicle owner had to do to get around the notification provided by a Community Service Officer that he/she had exceeded the 72 hour time limit was to move the car 200 feet. He mentioned that they have found that certain individuals tended to do this on a regular basis. Mr. Cox made several recommendations to create view corridors enhancing the safety of pedestrians and bicyclists while allowing the smooth flow of traffic: • Vehicles in business areas be restricted to 24 hours of parking. • No parking allowed within 25 feet of a painted crosswalk • No vehicular parking allowed with in 50 feet of a controlled intersection. Mayor Hammerstad commented that the Council members have noted the proliferation of used car lots on the public streets. Mr. Cox asked the Council to look at the sign ordinance as well, as people attached balloons to these used cars with their illegal signs, which went out into traffic. He spoke to keeping cars on used and new car lots, although he had no business connection with that industry. He argued that 72 hours was an appropriate period for an individual selling his car in his residential area to park his car in front of his house; if the car was not his/her car, then he/she should have the right to move it sooner than allowed under the stored vehicle ordinance. lie contended that allowing parking up to 72 hours in the business areas, such as near Millennium Park, meant no parking at all for others. 7. PUBLIC HEARINGS 7.1 Planning Commission recommendation to apply a Resource Conservation Overlay Zone on portions of three properties located on Centerpointe Drive, 2 Centerpointe Drive, and a vacant parcel adjacent to 3 Centerpointe (LU 00-0080) Councilor Rohde moved to continue the hearing to September 4, 2001. Councilor Schoen seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak voting in favor. 16-01 8. ORDINANCES AND FINDINGS 8.1 Adoption of findings for Planning Commission recommendation to bring 1.44 acres of road right-of-way Into the City's Urban Service Boundary and apply a City Comprehensive Plan Map designation of R-15 (LU 01-0003/Hilltop Road) Councilor Schoen moved to continue consideration of findings to .luly 17, 2001. Councilor Rohde seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak voting in favor. 16-01 8.2 Adoption of findings for proposal to annex 1.78 acres at 18175 Pilkington Road (AN 01-0004/Ord 2298) Councilor Graham moved to continue consideration of findings to .luly 17, 2001. Councilor Schoen seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, and McPeak voting in favor. 16-01 9. INFORMATION FROM COUNCIL 9.1 Councilor Information City Council Minutes Page 4 of 7 July 3, 2001 9.2 Reports of Council Committees, Organizational Committees and Intergovernmental Committees 9.2.1 Metropolitan Area Communications Commission (MACC) Councilor McPeak reported on MACC's discussion at its last meeting of the AT&T franchise problems. She mentioned that AT&T's substandard telephone response times were exacerbated by AT&T letting go many of the employees they had hired for their new call center. She said that Kurt Henniger, an AT&T General Manager and Senior Vice President, assured MACC that the downsizing of the local center would improve service, as they have outsourced their new service and billing calls; the local center would handle only service problems. She noted that AT&T failed to meet their required standards this quarter; MACC would fine them. Councilor McPeak discussed the second AT&T franchise problem: the delay of the system upgrade. She said that AT&T promised MACC that the PCN upgrade would be finished on schedule (January 2002) but the residential upgrade (broadband service) would be delayed until late summer 2002. She indicated that MACC was working on contractual changes to ensure that that AT&T kept that promise. She reported that Mr. Henniger told MACC that the delays came from a capital funds problem at the AT&T corporate headquarters, and its decision to slow down the building. Councilor Rohde mentioned assurances he heard from the US West provider at the Livable Oregon conference that there were rapid ways to get Lake Oswego broadband service. He spoke of hearing stories of other Oregon cities that had successfully used their powers to convince these corporations to speed up their timetables. He asked if they had options like that. Councilor McPeak pointed out that MACC existed as a group of organizations acting together as a means of building up power on the customer side to match the power of AT&T. She held that Qwest would be happy to cherry pick Lake Oswego out of this concerted effort to get a good response from AT&T. She relayed MACC's request that the individual jurisdictions not step outside MACC and weaken its position by responding to Qwest's initiatives. She suggested that Qwest submit a legitimate bid to MACC for consideration. Councilor McPeak mentioned the two competitors whose financing fell through. She argued that if they were not dealing with competition, they were in trouble, even though 14 jurisdictions banded together in order to have more clout. She spoke to competitors dealing through MACC, as it had a professional staff protecting the jurisdictions' interests as much as possible. Councilor Rohde questioned the clout of these 14 jurisdictions, given that Lake Oswego would still not get its DSL for a year. Councilor McPeak argued that allowing Qwest to cherry pick Lake Oswego off would be worse for the whole region because it broke the alliance. Councilor Rohde contended that waiting a year for DSL to come to Lake Oswego was not an acceptable solution; if MACC had clout, then it should be bargaining more firmly. Councilor McPeak reiterated that Qwest should conic to MACC with its offer. 9.2.2 Announcements Councilor Graham announced that the displays from the third public workshop on the Boones Ferry Corridor Study would be at the library from July 5 to July 10. She noted the final presentation to the Traffic Advisory Board on July 11. Councilor Graham announced that Youth Councilor Matt Buehler was elected Governor of Boy State; Youth Councilor Kristin Johnson was elected a Girls Nation Senator at the annual Girl State Convention in Salem (sponsored by the American Legion Auxiliary). Along with a second senator from Clackamas, Senator Johnson would represent Oregon in Washington, D.C., later this month. She congratulated Governor Buehler and Senator Johnson on their election wins. City Council Minutes Page 5 of 7 July 3, 2001 65 9.2.3 Summer Concert Series Councilor Rohde invited the public to attend the City's free concert series starting soon. He mentioned the Friday lunchtime concerts from 12 noon to 1:30 p.m. in Millennium Park, the Sunday Moonlight and Music concerts at Millennium Park from 6:00 to 7:30 p.m., and the Wednesday Sounds of Summer concerts at Roehr Park (first four weeks) and Westlake Park (second four weeks). 9.3.4 Cascadia Conference Mayor Hammerstad reported on the Cascadia Conference that she and Councilor Rohde attended last weekend in Whistler, B.C. She explained that it focused on the common interests of the jurisdictions along the I-5 corridor from Vancouver, B.C. to Eugene. She mentioned the discussion about high-speed rail eventually running the length of the West Coast, although they were focusing on the British Columbia -Washington -Oregon piece of it at this time. Mayor Hammerstad commented that the states were having better luck with their congressional delegates in getting funding through Amtrak than British Columbia was. She described the possibility of a 2.5 -hour train trip to downtown Seattle from downtown Portland, which would free up the airports for long distance and international travel. Mayor Hammerstad mentioned presentations on environmental issues of common concern, such as salmon protection. She noted the two concurrent and related conferences on tourism and the Mayors' Council. She observed that the Cascadia conferences were interesting because they involved a small segment of people with common interests and slightly different perspectives; they all had the main goal of the transportation/land use link and livability issues. She conveyed her and Councilor Rohde's appreciation for being able to attend the conference. Councilor Rohde commented that it was a good opportunity to interrelate with other jurisdictions that had similar problems to Lake Oswego and hear their solutions, such as Vancouver, B.C. He rnentioned the opportunity for three interrelated economies to find solutions to public policy issues, such as transportation, environment, affordable housing, etc. Councilor Rohde commented that he found the border crossing an inconvenience, as it took 45 minutes and the border staff asked him what he was doing in Vancouver. He spoke to opening the borders but noted that that was a broader policy issue. Mayor Hammerstad mentioned a presentation they heard on the border and the theories behind a closed border (to prevent terrorism, drug trafficking, illegal migration, etc.); however, since none of the theories worked, the question was why have closed borders. Councilor Graham asked if the Mayor had gotten a sense of the tenor of the recently elected British Columbia government. Mayor Hammerstad said that they were all liberals. She observed that Canada had a democracy with a more socialistic economic system — higher taxes and a higher level of services. Councilor Rohde mentioned his conclusion that it was time to go metric. 10. REPORTS OF OFFICERS 10.1 City Manager Doug Schmitz, City Manager, directed the Council's attention to the letter from Joe Hertzberg requesting information for the July 16 meeting. 10.2 City Attorney 11. AMIOURNMENT Mayor I lammerstad adjourned the meeting at 7;10 p.m. City Council Minutes _ Page 6 of 7 July 3, 2001 66 Respectfully submitted, 7.O� d') Robyn C istie City Recorder APPROVED BY THE CITY COUNCIL: ON Judie Hammerstad, Mayor City Council Minutes Page 7 of 7 July 3, 2001 6 'r' 4.4.3 08/07/01 MINUTES OF JULY 9, 2001 INFORMATION SESSION CITY COUNCIL INFORMATIONAL MEETING °'`"``°�• MINUTES July 9, 2001 Mayor Judie Hammerstad called the City Council information session to order at 4:08 p.m. on July 9, 2001, in the City Council Chambers. Present: Mayor Hammerstad, Councilors Schoen, Turchi, Graham and McPeak. Councilor Hoffman was excused. Councilor Rohde was absent. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Jane McGarvin, Deputy City Recorder; Jane Heisler, Long Range Planning Manager; Bob Kincaid, Chief of Staff County Board Present: Commissioners Bill Kennemer, Michael Jordan, and Larry Sowa. County Administrator Steve Rhodes was also present. 3. JOINT MEETING WITH CLACKAMAS COUNTY COMMISSIONERS Mayor Hammerstad welcomed the Clackamas County Commissioners and the County Administrator. She described the meeting as an opportunity to frame problems and to work towards a solution. • Rivergrove Sewer Extension Mayor Hammerstad noted that this extension was necessary because of failing septic tanks in the Rivergrove area. She mentioned the Rivergrove School and the Athletic Club in particular. She observed that half the properties were in Rivergrove and half the properties were in the County with two properties in the City of Lake Oswego. She indicated that the City was responsible for providing sewer service to the City of Rivergrove. Mayor Hammerstad commented that the problem was the financing structure. She asked Doug Schmitz, City Manager, to review the Council's discussions on local improvement districts and zone of benefits. Bob Kincaid, Chief of Staff, distributed a map of the area. Mr. Schmitz recalled that the City of Rivergrove, the Athletic Club and the Lake Oswego School District approached the City because the Rivergrove School and the Athletic Club were under cease and desist orders from the Oregon Department of Environmental Quality (DEQ) with respect to their current operations. He said that, following discussions with the major property owners and the proposed subdivision owners, staff began the planning and alignment of the sewer route. Mr. Schmitz said that, atter receiving Council approval to move forward with a local improvement district, staff held a series of neighborhood meetings that led to opposition. He mentioned his understanding from the. County Administrator that the Board was not inclined to support a local improvement district (LID) but preferred the zone of benefit option. lie commented that the Council wanted to discuss the pros and cons of the issue with the County Board. Mayor Hammerstad indicated that the School District was prepared to contribute money to a zone of benefit, as was the City. She asked if the County was willing to participate in fronting the costs of a zone of benefit. She explained that the City proposed a zone of benefit for longer than the normal 10 years as a means of encouraging people to hook up rather than wait out the 10 years and avoids paying into the zone of benefit. City Council Information Session Nlinutes Page l of 11 July 9, 2001 7 Mayor Hammerstad noted that this area had little potential for system development charges, as it was a developed area. She argued that they had a reasonable expectation of numerous sewer hook-ups during the zone of benefit period, due to the many failing septic tanks. Mayor Hammerstad discussed the zone of benefit as an easier way to get the project accomplished. She mentioned the remonstrance period in the LID, which made that process more difficult. She indicated that she did not expect an answer from the Board today. She stated that she wanted to get the project done in a way that the property owners felt they could handle. She reiterated that, according to the City's information, the Board agreed with the property owners. Mr. Schmitz indicated to Commissioner Jordan that the cost of the project was $600,000. Commissioner Jordan concurred that the map indicated that the lots with access to this sewer line were already developed. He commented that the Athletic Club would not object, as its septic system was failing. He concluded that the properties of concern to the County were those already developed along the route. Commissioner Sowa asked if the City has established the rate for the school and athletic club participation. Commissioner Kennemer mentioned hearing that some neighbors did want the sewer. Mr. Schmitz indicated that staff would not have a firm number until they finished the discussion on whether to go with a LID or a zone of benefit and on who fronted the money. Commissioner Kennemer mentioned receiving a phone call from a citizen concerned about a sewer line being built in Childs Road to serve pending development. He said that the person's concern was that if this project did not move forward, then the City would have to extend the sewer line in Childs Road, which had soil instability. Mr. Schmitz clarified that Childs Road did not have soil instability; it had solid rock; the developers initially lost money because they had to go deeper than anticipated to install the utility lines. Mr. Schmitz confirmed to Commissioner Kennemer that the City intended to hook into an existing line at Sycamore. Mayor Hammerstad said that the City could provide the Board with better estimates about equitable dollar amounts of participation, if the Board was interested in participating. She pointed out that if the County did not want to participate in a zone of benefit, then the City was back to looking at an LID because it did not have sufficient money to upfront the entire cost of the project. She noted that both the School District and the athletic club wanted to get this done as soon as possible; their participation would reduce the City's participation. Mayor Hammerstad confirmed to Commissioner Jordan that funding the entire project through a LID removed all risk because a LID was a lien on the property. Commissioner Jordan asked if the issue was risk analysis (the City not getting its money back), and not cash flow. He stated that lie assumed that a sewer system the size of Lake Oswego's did not have difficulty fronting a $600,000 cost from a cash flow perspective. He commented that if all the properties lay within the same jurisdiction, he too would have difficulty justifying a zone of benefit, as the City would not collect any money unless someone came in for development, which was unlikely in a developed area. . David Powell, City Attorney, confirmed to Commissioner Jordan that the City required hook up, even with a working septic system, when the property came into the city. Commissioner Jordan observed that that requirement might make annexation look less attractive. Commissioner Kennemer said that he understood the dilemma but he was not certain how eager he was to participate in resolving it. Mayor Hammerstad clarified to Commissioner Jordan that the school's timeline for getting the project done was December 2001. She pointed out that the City had to do either a LID or a zone of benefit. She asked for County support of a LID if the Commissioners did not want to participate in a zone of benefit. City Council Information Session Minutes July 9, 2001 "' Commissioner Kennemer said that their problem, from a cash flow perspective, was that they did not have a utility to dump this on. Steve Rhodes, County Administrator, concurred that SWMAC would not have the funding, even if there was a nexus from a water quality standpoint. Mayor Hammerstad explained that the reason that Lake Oswego did not have $600,000 available to do this project was because it needed a new lake interceptor installed within three years; that was what they needed to spend their current utility fees on. She said that this Rivergrove extension was not in their CIP. Mayor Hammerstad asked the Board to discuss this issue at a study session in the near future and to inform the City of its decision on supporting a LID or a zone of benefit. She explained to a member in the audience that the option of a private party doing the project was not available in this situation because of the two properties with cease and desist orders. • Lake Forest Neighborhood Plan Mayor Hammerstad asked Jane Heisler, Long Range Planning Manager, to review the neighbors' requests on how they would like the County and the City to work together on expanding the Urban Growth Management Agreement (UGMA) in order to allow City jurisdiction on certain issues for properties in the county. Mayor Hammerstad mentioned that the neighbors were willing to look at an annexation plan and timeline. She said that, while the neighbors were aware of the conflict with City services in the County, they wanted to cover the time before the annexation vote. She indicated that, while the Council wanted to adopt the neighborhood plan, they believed that it needed to be a joint adoption. Ms. Heisler distributed a handout from Cathy Schroyer, Lake Forest Neighborhood Association Chair, which covered all the general association meetings and the steering committee meetings. She mentioned the staff meetings with the County staff, City staff and the Steering Committee. Ms. Heisler discussed the issue raised by County staff that the plan policies were too specific; they were prescriptive rather than descriptive, citing two examples. She held that the County and City staffs could work together with the neighbors to modify the language to the satisfaction of all parties. Ms. Heisler mentioned that, from the neighborhood's point of view, the two cornerstone policies in the plan requiring County adoption were the City tree cutting policies and the home occupation regulations. She noted that the surveys found that two-thirds of the residents wanted to see some kind of tree cutting regulations, and that some of the home occupations in the neighborhood went beyond the neighborhood character. Ms. Heisler noted that the requirement of annexation for a partition or new commercial, multi- family or industrial development went beyond the current UGMA policy requiring annexation if a development needed City sewer; it would apply even in the Unified Sewage Agency area but not in the Kruse Way area (which was already covered under a separate agreement). Ms. Heisler mentioned the final issue of the City -County role in annexation. She indicated that the Council believed that the success of any annexation program would rely on the participation of the County. • Cathy Schroyer, 96727 SW Babson Place, Lake Forest Neighborhood Association Chair Ms. Schroyer explained that many of the neighborhood residents moved to this area because they valued trees. She confirmed that the surveys found that the majority wanted some tree protection. She noted that most of the neighborhood was on septic tanks, not sewer, and therefore, major development could not occur yet. She held that it was only a matter of time before developers consolidated lots and built 30 homes where there were now four. City Council Information Session Minutes Page 3 of 11 July 9, 2001 73 Ms. Schroyer argued that the neighborhood had this window of opportunity now to take measures to protect the trees before major development occurred. She emphasized that the County had no rules for tree cutting; it allowed clear -cutting, which was not something that the neighborhood wanted to see happen, as it was irreversible. Ms. Schroyer discussed the neighborhood's interest in the home occupation regulations. She explained that people were buying homes in the neighborhood because they were cheap, had a "Lake Oswego" address and easy access to I-5; they then turned the homes into offices in which to conduct their businesses but they did not live on site. She emphasized that these people were not buying houses for home occupations. She cited an example of the neighborhood managing to get a sheet metal operation out of the neighborhood. Ms. Schroyer commented that with the County now specifying which parts of its Code it would and would not enforce, it made it easier for the Association to say that the County regulations did not fit in with their neighborhood. She confirmed that tree cutting regulations and home occupation regulations were the two major issues that the neighborhood picked as priorities. Mr. Rhodes mentioned that one of the County's objections had been to County staff being asked to enforce the regulations. 1 Ic asked for clarification on whether it was the City's intent was for the City to take care of the enforcement. Mayor Hammerstad said yes, it was the City's intent to enforce any of its regulations in that area. Ms. Schroyer confirmed to Councilor Graham that people were buying homes specifically for businesses purposes only; they did not reside in the homes. Commissioner Jordan pointed out that Lake Forest was only one of many urban or semi -urban environments in unincorporated Clackamas County that had a growing expectation of an urban level of services. lie mentioned the County's recently adopted ordinances to reduce the level of Code enforcement by County staff for urban type of services because the County no longer had the resources to monitor the urban services across the entire county. Commissioner Jordan noted that the vast majority of code enforcement complaints came from within the urban growth boundary. He stated, speaking for himself, that urban level services should be provided by cities. He observed that there were issues of responsibility and finances in getting to that level of service. He argued that the residents could get urban level services and be in the city or they could get less than urban level services and be in the county but they could not have it both ways. Commissioner Jordan mentioned the transitional nature of this neighborhood in stating that the Commission was willing to work with the City on the transition and how it would occur within the framework of both the County and the City's fiscal ability to enforce. He reiterated that, regardless of what method they came up with, residents wanting urban level services should be in the city. Mayor Hammerstad indicated that the City's approach has also been that residents wanting urban level services should be in the city. She spoke of developing a transition plan towards annexation as part of the neighborhood plan. She commented that if the neighborhood knew that this plan headed towards annexation, then they had some education tools they could use to bring people on board. She noted that that this was the most likely neighborhood to be successful, as the association knew what the problems were and had strong leaders. Commissioner Jordan indicated to Mayor Hammerstad that the Board has not gone through the entire plan; staff presented it to them a long time ago in a work session. He commented that he thought that conceptually the work that has been done was headed in the right direction but the question now was how to get there in a way that worked for everyone. He held that if they could write a transitional timeframe for annexation, then they had some room to maneuver. Mayor Hammerstad mentioned that the Council would like the Commissioners to strongly support annexation during the campaign, and to encourage voters to annex to Lake Oswego if they wanted city services. City Council Information Session Minutes Page 4 of 11 July 9, 2001 "j Commissioner Kennemer concurred with Commissioner Jordan that the County was not financially in a position to provide urban services, particularly specific code enforcement. He spoke to finding a way to differentiate between different communities and letting the local communities set the local standards. He argued that, until they had that in place, it was difficult to figure out how to have different ordinances apply to small groups or communities, which made this transition awkward. Commissioner Kennemer said that he was interested in looking at a transition plan, and at how strongly the neighbors felt about this issue and how much work they were willing to put into it. He concurred that if the neighbors wanted Lake Oswego standards in their community, then they needed to annex to the city in order to obtain that enforcement. He observed that historically that has not been an easy sell. Ms. Schroyer argued that County support was critical. She indicated that past conversations that the neighborhood has had with County staff left people with the impression that the County was doing the urban planning that the neighborhood wanted done. She pointed out that that was not strictly true, as the County was never intended to provide urban planning; it got stuck doing it but it did not want to do it. She held that it would be helpful if the neighbors could hear that truthfully instead of getting the impression that the County staff was offended that they wanted to leave the county. Commissioner Kennemer indicated that the County did provide urban services to varying degrees in different areas; Lake Oswego was the only full service city out of the 15 cities in Clackamas County. He characterized the County services as "suburban" level, which was a different standard than an `urban' level. He held that people chose to live in the county with its lower level of services and tax benefits. He concurred with Commissioner Jordan that if people wanted the higher urban standards, then they needed to pay for those standards; the County would adhere to the suburban standard. Councilor Turchi asked if Ms. Schroyer thought that the neighbors would perceive positively or negatively a situation in which the City and the County worked out the issues and put a three- year sunset on the neighborhood plan. Ms. Schroyer said that it depended on how the association presented it to the neighborhood. She argued that they needed to tell people that the reality was that they needed to annex for these specific reasons; if people wanted a rural lifestyle, then they needed to buy five acres somewhere else because that lifestyle no longer fit into the neighborhood. She indicated that a three-year sunset might be helpful in getting the message across that the neighborhood was only protected for three years. Ms. Schroyer indicated to Councilor Turchi that about one-third of the neighborhood was within the city limits, so the sewer was creeping in. She reiterated that they wanted to protect what they could until they could persuade people to annex. Mayor I-lummerstad asked if the Commissioners would support annexation during an election, such as writing a statement in the voter's pamphlet to inform people that if they wanted an urban level of services, they needed to annex to the city. She observed that there was still the myth out there that the County did not want to lose residents. Commissioner Kennemer said that he Iclt awkward taking a position of strong advocacy unless there were some compelling reasons For doing so. He mentioned hearing compelling reasons both for and against annexation from citizens. He stated that he was comfortable with his statement that if the community wanted higher levels of service and certain standards, then he would encourage annexation to Lake Oswego because the County was not in the business of providing that level of service. He held that it was up to people to make their own decisions. Commissioner Kennemer observed that the needs throughout the 1,900 square miles of county territory were remarkably different, which made it difficult to figure out how to respond appropriately to a given situation. I -le posed the question of what did the community want to do. He noted that apparently a good portion of the neighborhood wanted to obtain the higher level of services, which the Board would encourage them to annex in order to receive. City Council Information Session Minutes Page 5 of i 1 July 9, 2001 Commissioner Kennemer reiterated that he was comfortable with that level, which put the issue clearly on the table but stopped short of advocacy. He commented that this neighborhood annexing to the city was not a loss to the County; rather it would make their job easier. He held that it was a local decision, which should be decided by a vote. Commissioner Sowa concurred with Commissioner Kennemer's comments. fie held that it' people wanted more services, they needed to realize that they would have to pay for those services. Commissioner Jordan mentioned the Board's position that new urban areas brought into the urban growth boundary should be cities. He pointed out that if no city wanted the area, then the County might be compelled legally to do something. He argued that the issue was not whether Lake Forest should or should not be in the city (because it should be in the city); the issue was how to get from where they were today to that point of annexation, both logistically and politically. He held that this was the issue struggled with the most inside the existing urban growth boundary. Commissioner Jordan commented that the Council has suggested one step in that process: the County supporting an annexation measure on the ballot. He indicated that the Board's position would be similar to what Commissioner Kennemer articulated: if residents wanted a higher level of service, then they needed to annex to a city or form a city because the County could not provide that level of service. Mayor Hammerstad observed that the dilemma was that some people wanted the higher level of services and some did not, yet they all lived in the same neighborhood. Commissioner Jordan spoke to using tools, such as a sunset clause, to work on a transition. He pointed out that a sunset clause would allow people to see what it was like to be in the City. He indicated that he would like to see a plan that fixed a deadline for an annexation ballot measure. He mentioned a possible Board discussion of a commitment to saying that if the experiment went well, the Board would support the annexation. Commissioner Jordan agreed with Mayor Hammerstad that they did not often get neighborhoods volunteering to annex to the city. He expressed the Commission's appreciation for the hard work by the neighborhood in developing this plan. Councilor McPeak summarized the Commission's comments as saying that the Commission would support working with the City and the neighborhood on a limited number of transitional steps to protect the resources, which she held were vitally important to protect. She noted that the Commission also wanted a deadline for a vote. Commissioner Jordan said that the linkage of these things to some definite transitional plan to annex to the city was an important linkage. Councilor Graham concurred with Councilor McPeak that the Commission's comments sounded positive but questioned what might happen during the transition period. She cited an example of timber companies offering property owners on Puget Sound a price that the owners could not refuse, and clear -cutting the beautiful vistas in the area. She expressed her concern that something similar might happen to the lovely Douglas fir groves in the Lake Forest area. Mayor Hammerstad indicated that the Council could pass the tree and home occupation ordinances and do the code enforcement at the City's expense; in addition, the neighborhood plan required developing properties to annex to the city. She said that, once the Council had finished tweaking the areas it had identified, then it would send the plan to the County Board; together they could continue to work on it until they arrived at a satisfactory document. Mayor Hammerstad asked the neighborhood association to work with the City and the County on the transition plan and its implications for the annexation vote. She mentioned hearing the word `blackmail,' which was not a word she liked hearing. She spoke to finding a satisfactory resolution of these problems in a way that protected the neighborhood. City Council information Session Minutes Page 6 of 11 July 9, 2001 rr G Commissioner Kennemer said that, while he wanted to find a way to be supportive of the transition, he needed a clear timeline and likely outcomes or he would have 11 problem with inconsistency. He agreed with Commissioner Jordan that it would be easier if' they were in a transition to some place that was readily identifiable and with a clear course of action. He commented that he had difficulty with the tree ordinance, as he saw it as a property rights issue. Commissioner Kennemer emphasized that if they were going to start limiting people's rights or increase their responsibilities, he needed to see this heading clearing in the direction of annexation in order to feel comfortable with it. He noted that ultimately the decision lay in the hands of the Lake Forest residents through their vote. Mayor Hammerstad commented that one of the reasons that the Council has not adopted the plan yet was that it had been trying to do the Board's thinking for it, with the understanding that the Commissioners did not feel comfortable with this plan. She said that they would stop doing that based on this discussion. She agreed that a plan with a transition timeline would be more comfortable for everyone. Councilor McPeak concurred that they needed to get to the point where the neighborhood decided whether or not it wanted to be part of the city. She spoke to doing that sooner than later. Councilor Schoen held that they had a serious education problem. He spoke to the County helping inform the Lake Forest residents that it supported annexation. Commissioner Jordan suggested that the City send them the most definitive language it could with respect to the City's desired outcome. The Commissioners agreed on the need for another work session to discuss areas of discomfort and to find a way to resolve them. Councilor Graham asked what compelling reasons people gave to Commissioner Kennemer for not annexing to the city. Commissioner Kennemer said that property rights, use of their property and the tree ordinance was one issue, and that the increased cost was a second issue. He mentioned one person's perspective that for a substantial increase in taxes, he got more regulation and more hassle, which the Commissioner held as a semi -legitimate perspective from a fairness viewpoint. He noted that many of the residents moved to the suburbs on purpose; they could have moved to a city. Ms. Schroyer indicated that part of the reason they did two different surveys was because of the variety of viewpoints in the neighborhood; they knew that the Commission and the Council would want to hear from the people in the neighborhood and not simply the committee. She said that the surveys also provided the committee with clear direction. She commented that many people who moved to the Lake Forest neighborhood were shocked to discover that they did not live in Lake Oswego; they had a Lake Oswego address and their kids went to Lake Oswego schools. Ms. Schroyer emphasized that people did move to their neighborhood because they shared Lake Oswego's values of trees, low crime rate, etc. She reiterated that the survey indicated that the committee was doing what the people wanted; the work now was to educate the people about the cost and get to the vote. Mayor Hammerstad summarized the direction as the Council holding a study session to work on the plan language and a transition timeline; then the City would send it to the County. She observed that the public process was slow — the neighborhood has been working on this since 1995 — but she held that a successful annexation vote would make this worth doing. Christine Roth (in the audience) mentioned that the residents in the Rosewood area were following this closely, as they were circling with the same issues as Lake Forest. • Natural Resources Protection Ms. Heisler indicated that the Council wanted to have an open dialog on ways to prevent this sort of thing from happening again. She described the location of the subject parcel in the Forest Highlands neighborhood (sec aerial photos and the inventory map). She noted that, in its City Council Information Session N111110rs Page 7 of] 1 July 9, 2001 Sensitive Lands program, the City designated two-thirds of this parcel as either a stream corridor or an associated tree grove. Ms. Heisler said that the property owner obtained a building permit from the County to build a new house; in the process, a majority of the trees were removed and the stream corridor was altered to a 90 degree angle, which significantly impacted the slope and soil stability, and contributed to erosion. Ms. Heisler explained that the City now had to deal with the effects of this degradation of the land because the property owner subsequently applied for a partition, which required annexation to the city; staff was spending a lot of time trying to reconstruct the topography of the parcel. She mentioned their concerns with respect to the Endangered Species Act, as the stream was a tributary of Tryon Creek, a fish -bearing stream flowing into the Upper Willamette. Ms. Heisler indicated to Commissioner Jordan that she did not know if the property owner had permission from the County to realign the stream but she did know that he did not get a Division of State Lands (DSL) pen -nit. She said that the owner was now under an enforcement order from DSL to fix some of the problems. She concurred with the Board that it had been an illegal action. Commissioner Kennemer noted that, regardless of the County Code, the County staff would have referred the property owner to the DSL because only DSL had the authority to alter a stream course. Ms. Heisler pointed out that, had this property been in the City, the City regulations would have required an environmental review and allowed the cutting of only a minimal amount of trees. She described the resulting property as a less pleasurable lot to look at and with water quality issues and a degradation of the resource and habitat values. Mayor Hammerstad noted that the sequence of events was a lot developing in the County and annexing to the city following that development. She indicated that being left with a denuded lot became a problem for the City. She asked Ms. Heisler what suggestions she had for a solution. Ms. Heisler mentioned the Council's discussion of County support for annexation so that the City regulations could apply, and of County adoption of City regulations for sensitive lands protection and enforcement. Commissioner Jordan said that the Hoard had the same issues in almost every city in the County where activity occurred within the urban growth boundary but outside the city limits. He indicated that the rural cities were also concerned because they knew that ultimately those properties would annex. He spoke to holding a discussion of allowing cities by their own choice to apply their own rules within their sphere of influence, as defined in a management agreement. Commissioner Kennemer asked Ms. Heisler to make this presentation to the County staff, and ask now they could not have these kinds of things happen again. Mayor Hammerstad concurred that the City should be able to do something, as this property lay within its urban services boundary. Commissioner Jordan commented that he did not know, within the context of the broad policy perspective of the County -City relationship, how to handle this question, other than under the same concept discussed for the Lake Forest neighborhood. • Home Occupations Mayor Ilammerstad mentioned the application liar a home occupation permit on Country Club Road, which included larger signage and more parking than the City would permit. She indicated that the City was looking into annexing that part of Country Club Road without having to go farther into Forest I lighlands. Mayor I-lammerstad held that this was essentially the same issue as the one they have been discussing. She spoke to finding a creative way to deal with some of the offensive actions that impacted the City but over which the City had no control. She noted that people driving down City Council information Scssion Minutes Page 8 of 11 July 9, 2001 1b Country Club assumed that they were in Lake Oswego. She characterized Country Club as a signature street with its view of Mount Hood. Mr. Schmitz described the situation as establishing an insurance company in the middle of a residential district. Commissioner Jordan indicated that this would come under the County's major home occupation ordinance, which did permit the signage and number of vehicles. Councilor Graham referenced the memo infonning the Council that the business might have five employees on site, and thus five cars. She indicated that, while she did not have a problem with the elder care home located not far from this site, she was concerned about its neon light, which set a precedent. She asked what was to prevent the insurance business from putting in a sign that blinked at people. Commissioner Jordan said that the County had no restriction on illumination. Commissioner Jordan agreed that this was another example of the issue of unincorporated areas transitioning to the city. He characterized it as another symptom in the long history of the pattern of development established in the relationship between the cities in Clackamas County and the County. He observed that undoing what has been done would be more difficult than working in the new areas. Commissioner Jordan invited the Council to continue this dialog with respect to transitioning areas from the county into the city, and to amending the UGMA affecting Lake Oswego's sphere of influence. He spoke to discussion of how to do this for the long term. • Stafford Basin Mayor Hammerstad raised the issue of the Stafford area. She recalled that Lake Oswego had a required vote on the annexation of Stafford. She mentioned the City's arguments on why the Stafford Basin should not come into the urban growth boundary. She said that their arguments were based primarily oil offsite impacts, such as the failure of I-205 and Highway 43 during commuter hours. Mayor Hammerstad indicated that this argument was not what the County Board has discussed with concurrency. She said that the Council felt that the area could probably be developed with internal roads and a widening of Stafford. She noted that the next bottleneck would be the bridge. She emphasized that their concerns were how to get people off the hill and out of the area. Mayor Hammerstad mentioned other arguments of natural resource protection issues with the hilly terrain and the many streams in the basin, which would cause the productivity to go down and lessen the traffic impact. She stated that the Council would like to keep Stafford out of the urban growth boundary until some of these offsite impacts were remedied. • Long Term Vision Mayor 1-larnmerstad asked for the Board's continued support of Lake Oswego's excursion trolley. She mentioned the City's plans to link it as a viable streetcar line into the Portland streetcar line, as the North Macadam arca developed. She pointed out that this was a reasonable plan and addressed sonic of the I lighway 43 impacts, including those from Stafford and West Linn. Mayor llammerstad mentioned the City's expectation of extending their urban renewal district in their updated downtown plan: an extension from Highway 43 to the river, north of Oswego Pointe, which was an industrial area now. She described it as low value development on high value land. She spoke to reclaiming the Willamette River, extending the pathway system, and building mixed use housing and retail, while noting the constraint of the flood plain. Mayor llammerstad described the City's long-term vision of linking upper Lake Oswego to lower Lake Oswego. She mentioned the possibility of building a significant park and ride City Council Information Session Minutes Page 9 of l t July 9, 2001 '1, i facility down below, which would not be visible because of the grade and on top of which they could put a park with pathway linkages across Highway 43 and the railroad tracks. She asked for support from the County in helping them realize their long-term vision. She conceded that one day the Stafford area might come into the urban growth boundary but reiterated that the City wanted to be able to handle it and not be overwhelmed prior to the time that it got the rest of its plans in place. • Stafford Basin Mayor Hammerstad mentioned Wankers Corner. Commissioner Kennemer recalled that the County offered $420,000 and the Rolling Hills Church offered $200,000 towards a $1.2 million solution to Wankers Corners. He observed that both Lake Oswego and West Linn did impact that intersection. Mayor Hammerstad agreed that Lake Oswego did have an impact. She mentioned putting it in the CIP over time. Commissioner Jordan stated that the Commission did not see offsite impacts on major arterials as a non -concurrency issue. He pointed out that any expansion of the urban growth boundary to the east of the Damascus area would require significant surface transportation improvements that did not exist today, yet the Board considered that a concurrency issue for eastwards expansion. He said that they would consider the means of getting people in and out of the Stafford Basin as a concurrency issue before applying urban zoning. Commissioner Jordan reiterated the Commission's belief that new areas brought into the urban growth boundary ought to be cities; the County should not do urban level zoning unless compelled by the courts to do so. Ile commented that the Lake Oswego's voter approved annexation policy for Stafford could present the County with some problems. Commissioner Jordan mentioned the issues in the discussion at the Metro regional level that he thought could play into this discussion, He discussed the issue of absorption rates. He held that if concurrency and infrastructure provision were difficult, then moving the boundary and factoring in the time it took to put the appropriate infrastructure in place to do urban level zoning could ameliorate a `wildfire' effect. He spoke to making those things whole at the Metro and State level. Commissioner Jordan noted that there were others in the region, in addition to Clackamas County, who were concerned about `loosening the belt of the urban growth boundary, which cooled the market, making an urban renewal strategy, such as Portland's, less effective. He commented that that a delayed absorption rate from the lands brought into the urban growth boundary could help ameliorate the problems with urban renewal strategy Commissioner Jordan reiterated that this Commission would stick to the issues of concurrency, even if it applied to 1-205, the same as they were doing with the Sunrise Corridor to the east. He indicated his belief that the Commission and the Council were on the same page regarding provision of service in the Stafford Basin. He argued that if they expanded the urban growth boundary from the Tualatin River to 1-205 in order to allow for the development of job producing kinds of investments, then the private sector would fix the Stafford/Borland problem. He spoke to the area developing from the bottom up, and not the top down. Commissioner Jordan confirmed to Mayor 11ammerstad that they would discuss the County's financial strategies at the Timothy Lake retreat. Ile mentioned his concern that, even with scheduling 100% recovery through systems development charges of what was attributable to new growth, that left 40% of the County C'IP to be funded from somewhere else. He discussed the option of a transportation Impact (cc, similar to Washington County's, which he described as more consistent and equitable couni%,�vide. He noted the issue of how to collect the money from those who passed through a community, such as Lake Oswego, that the jurisdiction needed in order to build the necessary infrastructure to handle the pass through traffic. • Library Financing City Council Intormation Session h4i1lutes rage iv of i f July 9, 2001 nU Mayor Hammerstad mentioned hearing that the Board intended not to honor the library levy in accordance with the vote but to include it in the general tax base when it rolled into the County tax base under Measure 50. Mr. Rhodes clarified that the Board has not discussed this issue or taken that position; the only thing the County has said was that those was on the table when the five years was up. Commissioner Jordan confirmed that the Board has not discussed the issue, except to state that it intended to live up to the five-year commitment. He indicated that the County was not in a good place right now but they would try to fix that in the next year. Mayor Hammerstad commented that Lake Oswego was in the same situation with its school levy that was passed by the voters and folded into its tax base; the City no longer levied it because the Council felt it was inappropriate to do so. She indicated that the Council felt strongly that it would like to see the library levy continued in its proportions as passed by the voters, especially since Lake Oswego overwhelmingly voted for it. Commissioner Jordan expressed his appreciation for the previous Board's commitment to maintain the proportions. He reiterated that when the five years was up, they would re-evaluate it. He indicated that his preference was to maintain the commitment but he could not say what might happen in the future, given the other needs of the community. Commissioner Jordan concurred with Mayor Hammerstad that working on the committee that developed the present distribution formula had not been a pleasant experience. He noted that some were uncomfortable with the circulation theory and interested in revisiting the issue and presenting a new proposal to the Commission. Commissioner Jordan thanked the Council for inviting the Commissioners to this productive meeting where they had a chance to hear from each other. Mayor Hammerstad asked about the Title 3 discussion scheduled for the Board meeting on Thursday. Mr. Rhodes said that it was an opportunity for those applying for Title 3 funding to give a brief presentation on their projects. 4. ADJOURNMENT Mayor Hammerstad adjourned the meeting at 5:42 p.m. Respectfully submitted, �4,anecGar' n Deputy City Recorder APPROVED BY THE CITY COUNCIL: ON Judie Hammerstad, Mayor City Council Information Session Minutes July 9, 2001 �� 4.4.4 08/07/01 MINUTES OF JULY 10, 2001 SPECIAL MEETING LAU CITY COUNCIL MORNING MEETING MINUTES July 10, 2001 Mayor Judie Hammerstad called the special City Council meeting to order at 7:31 a.m. on July 10, 2001, in the City Council Chambers. Present: Mayor Hammerstad, Councilors Rohde, Schoen (left at 8:30 a.m.), Turchi, Graham and McPeak. Councilor Hoffman was excused. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Jane McGarvin, Deputy City Recorder; Ron Bunch, Government Affairs Liaison; Bob Kincaid, Chief of Staff 3. STUDY SESSION • The Council considered Agenda Item 3.3, Rivergrove Sewer extension, at this time. 3.1 Sustainable Development Ron Bunch, Government Affairs Liaison, introduced Bob Doppelt from the Center for Urban Watershed Environment in the Mark Hatfield School of Government at Portland State University. He mentioned that there was a lot of work being done on sustainable development at the state and national levels, as they began to address the issues of local climate changes, energy renewability, social equity and urban systems and urban sprawl. Mr. Bunch presented a PowerPoint presentation relating to sustainability. He mentioned the two things most important for cities like Lake Oswego, which sustainable development addressed: quality of life and economics. Ile indicated that they had to do things differently because of the increasing costs and underfunded urban infrastructure that they all faced. Mr. Bunch said that today staff was asking the Council to consider entering into an intergovernmental agreement with the Mark Hatfield School of Government, Executive Leadership Institute, to work with the City, at a reasonable cost, to assemble a sustainability program from the City of Lake Oswego. He emphasized that sustainability meant making a transition towards principles and practices that worked for Lake Oswego and allowed staff to begin to examine the City's processes and procedures to find ways of doing things that would ensure that the City enhanced both the natural and the social capital of the community. Mr. Bunch reviewed what was meant by `sustainable development' and `sustainable community.' (pages 2 and 3). He commented that people were driven by the principles of self- interest, which required maintaining a vital economy, but at the same time they had to maintain nature's ability to function in order to absorb the wastes, recycle them and provide the renewable resources that were necessary for life. Mr. Bunch reviewed some unsustainable practices and conditions (page 4) in contrast to the principles of sustainability (page 5). He noted that there was no template for sustainability; each community had to develop its own methods for sustainability in meeting its own needs. Mr. Bunch presented the two principles underlying the concept of sustainability: natural capital and social capital (pages 6 and 7). He noted that people existed in a social context; without a quality functioning social environment, man's interactions devolved into chaos. He cited Lake Oswego's Boards and Commissions as examples of social capital growing stronger through use. Ile emphasized that social capital came from the people themselves; neither governments nor private interests could create it. City Council Morning Meeting Minutes July 10, 2001 Page I of 9 s J Mr. Bunch indicated that the sixth bullet "People Being Instrumentalized (Manipulated)" should read "People Resist Being Instrumentalized (Manipulated)." He argued that people came together in a natural way based on the principles of self-interest; governing groups could not form groups of people to do their bidding. Mr. Bunch spoke to social capital as fragile because of the competing interests people had for their emotional commitments and time. He held that for people like himself to invest their social capital in something to benefit the civic life, it had to be worth it. He pointed out that social capital decayed in the presence of institutional duplicity or direct assault. He emphasized that social capital was essential for a sustainable community. Mr. Bunch reviewed the nine elements of the architecture of sustainability (page 8). He noted that `green the city' did not necessarily involve beautification. Mr. Bunch reviewed the elements of quality governance (page 9). He mentioned that he preferred the term `governance' because `government' sometimes meant `doing things right' as opposed to `doing the right thing.' Mr. Bunch reviewed the government problem (page 10). He explained that `a reductionist institutional culture' meant taking a complex problem, cutting it up finely and parceling the parts out to each segment of an institutional culture for problem -solving but never reassembling the parts into the whole in order to look at the problem in a holistic manner. He discussed the solution to the government problem using sustainability (page 11). Mr. Bunch commented that Lake Oswego has done a great deal in the past in terms of transitional actions towards sustainability. However, they did these actions individually, and not in the context of a holistic program. He observed that, based on his research of the Comprehensive Plan from 1975, Lake Oswego citizens had an almost intuitive feeling about sustainable actions. He described the Plan over the last 30 years as the community's efforts to do sustainable actions in both natural and social capital (page 12). Mr. Bunch stated that if Lake Oswego was serious about a sustainable program, then they needed to undertake these initiatives in a holistic and comprehensive program. Mayor Hammerstad commented that this was timely, given the Council's upcoming mid -year review. Mr. Doppelt thanked Councilor Rohde for inviting him and Mr. Bunch for working with him. He said that over the past five years he has been involved in developing policies, programs and governance systems for sustainability. He concurred with Mr. Bunch that the issue around sustainability was governance, and not government per se. He indicated that they started at the state level; the Governor issued an Executive Order on sustainability. Mr. Doppelt described a project he worked on through the League of Oregon Cities in which representatives from 10 communities worked with the Institute to develop a possible template for a sustainable development program, and the steps to get there for local governments. He presented the two-part report from that study: Context and Background, and the template itself. He mentioned that, at this point in time, four of the communities involved in developing the template were moving towards developing sustainable development programs. Mr. Doppelt indicated that the Institute's goal was to provide new information and assistance to local governments with respect to sustainable development programs, as well as to train its graduate students in sustainability. He reviewed the services offered by the Institute: facilitating discussions, providing direct technical assistance and providing research. Mr. Doppelt noted that cost savings was one of the key outcomes of a sustainable development program, beginning with the `low hanging fruit' of the easy steps and gradually working towards the harder steps. He mentioned a sustainability program called "The Natural Step," which lie pointed out was not called "The Natural Leap." He emphasized that local governments should take their time in systematically working through the steps that would lead to sustainability. City Council Morning Meeting Minutes Page 2 of 9 July 10, 2001 86 Mr. Doppelt said that another key outcome was the improvement of livability. He noted that the communities that took the lead on these programs tended to end up as regional leaders with other communities looking to them for leadership. He observed that, consequently, sustainable development tended to provide a positive affirmation within the community for both the citizens and the City government employees. He commented that it had the same effect in the private sector. Mr. Doppelt presented a series of overheads. He explained that sustainable development was important because pollution and waste were growing in Oregon at or above the rate of population growth and of economic growth (Oregon State of the Environment Report). He reviewed the statistics illustrating that Oregonians were generating more waste and faster than the economy was growing. He stated that they could not keep up with that level of generation. Mr. Doppelt explained that waste was a surrogate indicator of the economic impacts throughout the entire economic value chain, which meant that there was more material moving through the state's economic system. He defined waste as `a sign of inefficiency in the economy or in the government or in the private firm.' He argued that waste was the resources and capital that someone has already acquired and purchased but did not receive any benefit from. Mr. Doppelt held that waste and inefficiency were a sign of a design failure. He argued that the point at which people squeezed out waste and inefficiency was the point at which they also found the cost savings. Mr. Doppelt presented the first definition of `sustainability' devised by the Bruntland Commission in 1987 as a compromise between a number of countries: meeting the needs of the present without compromising the ability of the future generations to meet their own needs. He said that what that meant was that each generation was now responsible for the next generation. He discussed the conclusion by some countries that if this generation was responsible for the next one, then this generation had to solve its environmental problem in order to pass on a healthy environment to the next generation; if the next generation messed it up again, then it was their job to clean it up before passing it on to the next generation. Mr. Doppelt presented a more specific definition that worked better for policy development: to systematically eliminate inefficiencies, design flaws and toxicity. He said that toxicity generated the waste emissions yet nature had no waste. He explained that the Institute's goal for a community was to focus towards zero waste and zero emissions, although they might never completely reach it. Mr. Doppelt used the example of designing and manufacturing a chair to illustrate that 80% to 90% of the environmental impacts of production were generated or determined during the research and development stage, and not during the manufacturing stage, which was where most people saw the impacts. He contended that most environmental programs today focused on the downstream end of manufacturing stage, instead of on the design stage. Mr. Doppelt described sustainable development as trying to move upstream to the design phase, and to design products correctly the first time or to redesign slowly but surely the established products in order to design out the inefficiency problems. He said that the same example worked for community design; they needed to design out the problems at the beginning because the choices made during the design phase determined the impacts downstream. Mr. Doppelt spoke to people no longer looking at the environment as an add-on issue; once the product, program, or neighborhood has been constructed, the only way to mitigate the environmental impacts was to add on something. I le pointed out that a clean up or mitigation technology was costly but it was the traditional way the United States has focused on environmental issues. He emphasized that they wanted to transition away from `add-on' to integrating environmental considerations into every type of decision made in an organization. Mr. Doppelt observed that every decision the Council made today it put through a screen of financial consideration; the idea was to add an environmental screen to the process with City Council Morning Meeting Minutes Page 3 of 9 July 10, 2001 8 7 consideration of the environmental impacts of the decision. He reiterated that the addition of this criterion did lead to significant cost savings. Mr. Doppelt described the process as looking for opportunities to 1) reduce file flow of materials and resources the government used, 2) use those materials more efficiently (get more from the flow), and 3) find a way to reuse the end of life products (recirculate the flow). He suggested a starting step for a Lake Oswego program as listing the policies, procedures and practices currently used by the City that fit under the three categories. He indicated that lake Oswego would likely find that it was doing many positive things. He emphasized that the City should promote the good things that it has already done and then look at filling the gaps. Mr. Doppelt said that the two roles for government in taking the lead in sustainability were to lead by example by applying sustainability practices to government operations, and to establish a framework to help the private sector and non -profits do the same thing. He spoke of focusing on the human built infrastructure as well as the natural infrastructure, looking for greater efficiency and ways to shift to renewable sources of energy, water and raw materials. He mentioned greater efficiency in land transportation issues, sustainable neighborhood and building design and sustainable economic development. Mr. Doppelt stated that the answer to the question of whether a government could save money on this was yes. He recounted the example of the sustainability program that North Carolina initiated on the state level that was saving them significant dollars in a variety of programs from fleet vehicles to highway construction to correctional facilities to the paint plant. He emphasized that there were practical steps that governments could take in a sustainable development program that saved money. Mr. Doppelt referenced the graduate student research that found 160 examples of Oregon businesses and government organizations, in which the agencies saved money through sustainable development practices, even though none of them had a comprehensive program. He argued that an agency with a comprehensive program could have substantially higher cost savings. He mentioned a report on green building practices that could save $90 million annually in the region in energy, water and construction related costs, if it was adopted widely. Mr. Doppelt reviewed the five questions the City should try to answer within a sustainability program: • What was the City's commitment to sustainability? What was it trying to achieve? • How sustainable was the City now? (Baseline data assessment) • How sustainable did the City want to be in the future? (Development of targets and goals) • How did the City intend to achieve its goals? (development of a strategy and implementation plan) • How did the City measure sustainability? (development of indicators for documentation) Mr. Doppelt pointed out that the Council did not need to start with its final policy; giving Mr. Bunch the authority to move forward was enough policy to start with, as it established the program as a priority. Mr. Doppelt reviewed the benefits of a sustainability program: economic, environmental, and social. 1 le noted that it could also help improve governance. Mayor Hammerstad pointed out that any new program had a lot of start up activity. She asked what Mr. Doppelt's experience has been with the additional staff responsibility resulting from the program. Mr. Doppelt said that most jurisdictions started lightly, often bringing in graduate students to gather data or asking departments for a `back of the envelope' assessment of their use of energy and water resources. Ile recommended taking one small step at a time. Mr. Doppelt indicated to Mayor Hammerstad that initially it was not necessary to have someone in charge; Mr. Bunch serving as coordinator was sufficient. He pointed out that these programs tended to take on a life of their own; people would get to the point where they might City Council Morning Meeting Minutes Page 4 of 9 July 10, 2001 86 want a full-time person running the program. He observed that the cost savings of the program would pay for the employee. Councilor McPeak asked if there was a rule of thumb to assess the upfront cost increase of using green building practices in building anew building versus the more traditional construction. Mr. Doppelt commented that they have found that, although there could be higher construction costs, that was not always the case. He explained that the higher construction costs tended to focus on educating the architect in green building practices; once the firm and the architect understood the practices, then the price came down. Councilor McPeak asked if this worked as efficiently in remodeling a building. Mr. Doppelt observed that remodeling was a different game, depending on how old the building was. He indicated that they could design in renewable and sustainable building practices into a redesign. He mentioned the issue of toxics, which were expensive to manage throughout their life cycle. Mr. Doppelt concurred with Mayor Hammerstad that much of this was a matter of awareness and thinking of what the environmental impact would be of the paint or glue or whatever one was buying. Councilor McPeak commented that this was an economic question for all of society; what they have been doing is externalizing many of the costs, and now they needed to bring those costs back to the user. Mr. Doppelt concurred. He cited a report that demonstrated that they have been wasting money by externalizing the cost; with sustainability, they were trying to recapture the money they have been throwing away. Mr. Bunch discussed three things that he wanted to emphasize from his perspective. He said that they had to think about the environmental and social consequences of everything they did. He argued that, as public administrators, they had a responsibility of preserving, building and enhancing social capital as well as building and preserving the natural capital. He held that creating the sense of community, which resulted from this new way of doing business, was very important in terms of the public relationship with governance. Mr. Bunch said that the program required leadership and vision internally, and a broad level of communication across departments. He spoke to holding the departmental leaders accountable for ascertaining costs, and to asking them to evaluate budgeting from the different sense of sustainability. Mr. Bunch observed that, from a planning and community development perspective, some parts of their community were in the mid-life cycle; they needed to ask what would happen to the community at its end of life cycle. He spoke of two challenges facing the City: they had a mature and developed community, which meant looking at recycling and redevelopment, while they also had the opportunity of using sustainable concepts and designs in the new growth that would come with the expansion of the urban growth boundary. Mr. Doppelt emphasized that leadership and good governance were the two dominant issues that made the most difference in a successful sustainability program. Mayor Hammerstad observed that the Council and the City administration were committed to the many of the components of sustainability. She mentioned the sense of community and vision expressed by the staff and the Council. Mr. Doppelt indicated to Councilor Graham that he has not been involved in any sustainability programs with the local governments in the Klamath Falls area. Mayor Hammerstad asked Doug, Schmitz, City Manager, what he saw as the major challenges or barriers to moving forward with a sustainability program. Mr. Schmitz said that the major challenge was keeping the focus on the program, giving the number of things that came up during a year. He indicated that the barriers included changing the attitudes and practices that they had as individuals at this time. City Council Morning Meeting Minutes Page 5 of 9 July 10, 2001 8,J �, Councilor McPeak spoke to the Council considering a policy about how to proceed with new construction in the city. Mayor Hammerstad suggested that, at its mid -year review, the Council discuss its goals in terms of these sustainability components and then allow some of the base work in the six months leading up to the next year. She mentioned her reluctance to add a new work program that was unrelated to the Council's adopted goals, which she thought that they had an obligation to the community to complete. She spoke to laying the groundwork for a goal next year. Councilor McPeak concurred. She argued that the building piece she mentioned was very clear and easy to start an educational process on. She stated that she thought this piece was very important. Mayor Hammerstad mentioned the School District going green on their new buildings. She commented that the District did look at the upfront costs. Councilor McPeak recalled that Mr. Doppelt said that the upfront costs were not always higher. She said that she thought it was regrettable if the schools did not use these practices. Mr. Bunch said that staff would like to re -animate the quality of life indicators process by having Mr. Doppelt's group help the staff begin developing them into a work program and framework for Council review. He explained that if they could get direction to do so, then they could `prime the pump' for future projects. Mayor Hammerstad said that she was talking about the same thing of `priming the pump' for the next six months and then looking at it for next year. Councilor Rohde commented that he became interested in this after his first year on the Council when they dealt with many capital replacement issues. He said that it seemed like they were constantly spending money on necessary infrastructure and he had wondered when they would be done. He remarked that they might never be done but they could reduce the amount of rebuilding by eliminating the inefficiencies and looking to the long term in the construction. Councilor Rohde asked about the success incentives for the private sector and how the government provided leadership. He asked if they provided tax breaks for green building practices or for business owners who contributed to social capital, such as a bowling alley. He commented that he had not thought much about social capital until he attended the Livable Oregon conference two weeks ago. Mr. Doppelt said that they had a number of examples of how communities have addressed those issues, which they would be happy to provide. He pointed out that, in the end, the Council had to develop the incentives based on what was going on in Lake Oswego. Mayor Hammerstad spoke to considering the question of incentives, as they did want to stimulate private dollars through redeveloping with public dollars. Mr. Doppelt discussed the issue of social capital. He said that if the City asked community members for their ideas on how to address these issues, laid out in a framework of what the City was trying to achieve, then the City would hear many creative suggestions on what to do. He explained that this was one way to enhance community involvement. He pointed out that the same principle applied to department heads asking the employees for their suggestions. Mr. Doppelt mentioned that a common theme lie has seen in government was, rather than providing tax incentives, the government simply laid out the principles and standards that the private sector had to meet in order to receive government assistance. He said that the governments tended to see people coming forward in response. Councilor Turchi mentioned the interesting problems created by development. He recalled that the District built Lakeridge High School 30 years ago as a model of energy efficiency. He indicated that, while Lakeridge was the most efficient building in the district, it achieved that efficiency by using a heat exchange system that required pumping tens of thousands of gallons of water every day, which went into the waste water system. He pointed out that now the question was should the District stop pumping water or increase its energy usage. City Council Morning Meeting Minutes Page 6 of 9 July 10, 2001 90 Mayor Hammerstad commented that one of the problems with looking at alternative energy sources was how much energy did it take to develop the alternative energy sources. She agreed that these were tough questions. Councilor Graham moved to direct staff to continue to develop the framework of the program for future consideration, and also work with Portland State University's Mark Hatfield School of Government to complete the quality of life program in the interim. Councilor Rohde seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Turchi, Graham and McPeak voting in favor. [5-01 3.2 Foothills Study Mr. Bunch gave a PowerPoint presentation. He reviewed the requested council actions (page 2), including the composition of the stakeholder committee. He mentioned their contract with Crandall Arambula to work on this project. He noted that staff has proposed candidates for each position on the committee with the exception of LORA. Mr. Bunch reviewed the site location of the Foothills Road area (page 4), the site characteristics (page 5), the geographic context (page 6), and the opportunities and constraints to redevelopment (page 7-11). He pointed out that the area was not visible because of the grade change at Highway 43. He reported that the Mayor, Mr. Schmitz, Ms. Heisler and himself met with Metro staff to discuss these issues. He said that they felt that they had a cooperative relationship with Metro, in that Metro has committed to work with the City on developing this valuable addition to the East End town center. He held that the issues were surmountable through a well -conceived development plan. Mr. Bunch reviewed the assets and opportunities available with the Foothills Road area (page 12-13). He presented the proposed six-month schedule, beginning in July, and the resultant products (page 14). He indicated that once staff completed the products, LORA, the Council and the Planning Commission could proceed with amending the redevelopment district boundaries. Councilor McPeak asked if staff had a better idea now of how much of the available land they could build on without using stilts. Mr. Bunch said that Title 3 required that they build the base habitable floor one -foot above the base flood elevation. He explained that staff would do cross- sections, using the surveys they did in the 1996 flood, and model how much cut and fill would be needed. He indicated that almost all of the area would require some elevation of the first floor area but staff would bring back a finding on how much of the area could be built without stilts. Mr. Bunch pointed out that 200 to 300 feet from the Willamette River would be off limits to development because of the Willamette Greenway. He mentioned restoration of certain portions of Tryon Creek. He said that Metro asked Lake Oswego to look at the Willamette River inside the City of Lake Oswego as a system, similar to the approach that Portland was taking in its River Renaissance project, as a means of making river -oriented sites developable and contributing to the town center. Mr. Bunch indicated to Councilor McPeak that the Foothills Road area did have comparable problems to the River Place development in Portland, although Portland built River Place before the Endangered Species Act requirements came in. He confirmed to Mayor Hammerstad that it was more like a mini -North Macadam. Councilor Rohde asked what the likelihood was of getting rid of the chip plant, given that James River called the shots. Mr. Bunch indicated that he thought it was possible to see some relocation as part of the redevelopment, but lie could not give a probability within a particular time frame. Councilor Rohde mentioned a question that lie heard all the time: "You're going to put development right down there by the sewer treatment plant? It stinks." Mayor 1-tammerstad spoke of the mitigation measures available through the new technology, which could help. City Council Morning Meeting Minutes Page 7 of 9 July 10, 2001 91 Mayor Hammerstad pointed out that the region and the City of Portland have committed to the reclamation of the riverfront. She argued that Lake Oswego's riverfront was an area for which they should be able to get help for redevelopment, as it fit in with the River Renaissance project. She spoke to considering carefully the small businesses in the area that have invested but reiterated that, for the future, this did seem to be a possibility. Councilor Rohde said that he brought these questions up because he saw the chip plant and the treatment plant as fatal flaws that they needed to address before moving forward. Mayor Hammerstad described them as `obstacles.'. Councilor Graham pointed out that Portland might have retrofitted the Kellogg Creek treatment plant but it still stank, which she saw as an issue. She asked if Tri -Met was receptive to a park and ride bus facility in addition to a commuter rail. Mr. Bunch said that Tri-Met's approach was multi -modal. Tri -Met saw effective transportation services in this corridor as consisting of three legs: commuter rail, extension of another rail from Lake Oswego and bus transit. He mentioned that both ODOT and Metro were receptive because they agreed that they could not build additional capacity into Highway 43 because of the topographic and geological constraints. Councilor McPeak noted the federal government's interest in development in floodplains, since what happened in a floodplain affected the next flood. Mayor Hammerstad said that there were things that they could not do if it made the water someone else's problem, such as building a floodwall, but as long as they let the water flow freely, they should be in good shape. Mayor Hammerstad directed the discussion to the composition of the steering committee. Councilor McPeak asked about the defining characteristics for the citizen -at -large position. Mr. Schmitz said that Mr. Bunch proposed Bill Beebe, the retired Planning Commission chair, for the position. Councilor Graham asked if they should have a steering committee member from an environmental group. Mr. Bunch said that the Portland Bureau of Services recommended candidate, Roberta Jartner, was Portland's Willamette River Watershed Coordinator. He observed that any time one got within 100 miles of the Willamette River, they had to coordinate with a long list of people from the Army Corps of Engineers to Oregon State Parks to DSL. He spoke to bringing the Natural Resources Advisory Board into the process. Mr. Bunch reviewed the candidates that staff recommended for the positions: Rick Marine, Foothill property owners; Bill Beebe, citizen at large; Mary Beth Coffee, Oswego Pointe Condominium Owners Association, Roberta Jartner, Portland Bureau of Environmental Services; Julie Morales, Development Review Commission; and Chris Hoffmann, Chamber of Commerce Executive Director. He mentioned that Dan Vizzini from the Planning Commission asked if anyone else on the Commission was interested and that Frank Groznick and David Waring expressed interest. Mr. Waring would serve as the alternate. Mr. Bunch indicated to Councilor McPcak that Ms. Coffee was on the Board of the Oswego Pointe Condominium Owners Association and appointed by the Board at a regular meeting. Mr. Bunch informed Councilor Turchi that they planned the first meeting in August to discuss opportunities and constraints. Following that, they would develop a charge statement for Council review and an official schedule in conjunction with Crandall Arambula. Councilor Rohde moved to approve the composition of the committee. Councilor Turchi seconded the motion. A voice vote was taken and the motiona� ssed with Mayor Eammerstad, Councilors Rohde, Turchi, Graham and MCPcak voting in favor. 15-01 Mayor Hammerstad volunteered to serve as the LORA representative. Councilor Turchi agreed to serve as the alternate. Councilor Rohde asked if staff could do a quick assessment about the changes in property values, resulting from the rezone. Mr. Bunch said that Crandall Arambula could pull that information out of the baseline economic analysis it was doing. City Council Morning Meeting Minutes Page 8 of") July 10, 2001 9 Councilor Rohde asked at what point during the process did they need to expand the redevelopment district. He discussed his concern that property values might increase once the City started working on this draft redevelopment plan, and thus reduce the tax increment. Mayor Hammerstad explained that normally Clackamas County did not reassess property values when the zoning changed; it reassessed the value when the use changed. Mr. Bunch confirmed to Councilor Rohde that the Council could run the plan development and the amendment of the redevelopment district concurrently. Mayor Hammerstad suggested checking with the County staff on the specifics of timing, as the County has done a number of renewal districts. Mayor Hammerstad left the meeting, after appointing Councilor Turchi as Presiding Officer. • The Council considered Agenda Item 3.4, Livable Oregon, at this time. 3.3 Rivergrove Sewer Mayor Hammerstad concurred with Mr. Schmitz that the City was on hold with respect to the Rivergrove Sewer extension until staff heard back from the County. She commented that she got the impression that the Board had not realized what a bind they had put the City in, and that asking for either support for the LID or participating in the zone of benefit put them in the right place. She observed that they had some strenuous follow-up on the issues discussed at last night's meeting. 3.4 Livable Oregon The Council discussed when to listen to Councilor Rohde's report aild view the video. The Council agreed by consensus to wait until the entire Council was present. Councilor Rohde asked if anyone wanted to attend `An Evening with Allen Durning' in Corvallis; Mr. Durning authored several books on sustainability and other issues. 3.5 Other Matters Councilor Rohde mentioned a potential situation with the trolley operators who did not support a rail bike operation sharing the line with them. He suggested that Mr. Powell visit with the trolley operators and inform them that the City has signed an agreement with the rail bike operators and that it was looking forward to how the trolley operators worked cooperatively with the rail bike operator. David Powell, City Attorney, mentioned receiving a voice mail from Michael Rohde yesterday about the possibility of someone with no franchise using the line. 4. ADJOURNMENT Councilor Turchi adjourned the meeting at 9:15 a.m. Respectfully submitted, ne McGarvin Deputy City Recorder APPROVED BY THE CITY COUNCIL: ON Judie Hammerstad, Mayor City Council Morning Meeting Minutes July 10, 2001 Page 9 of 9 y ,3 4.4.5 08/07/01 MINUTES OF JULY 17, 2001 SPECIAL MORNING MEETING �a CITY COUNCIL MORNING MEETING MINUTES July 17, 2001 Mayor Judie Hammerstad called the special City Council meeting to order at 7:33 a.m. on July 17, 2001, in the City Council Chambers. Present: Mayor Hammerstad, Councilors Hoffman, McPeak, Rohde, Graham and Turchi. Councilor Schoen was excused. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Jane McGarvin, Deputy City Recorder; Janice Deardorff, Human Resources Director; Chris Jordan, Assistant City Manager 3. REVIEW EVENING AGENDA Mayor Hammerstad noted that Item 3.2.3, the City would be acting as grant administrator for the Asset Builders Coalition grant. The item also included requests from the Coalition regarding a national speaker scheduled for October 20 and a spring Youth Forum organized by the Youth Council. She indicated to Councilors Turchi and Hoffman that the Coalition would contact them in January and want those items. David Powell, City Attorney, observed that the City served as a pass-through agency with respect to the grant funds for Item 3.2.2. He commented that, even though it represented a low risk liability to the City, the terminology bothered him because the City signed the contract with the County while the Asset Builders Coalition carried out the function. Jane McGarvin, Deputy City Recorder, mentioned that some people might come to speak to Item 3.1.1, the Foothills Ad -Hoc Development Plan Committee. Councilor Hoffman suggested pulling that item from the consent agenda and having Mayor Hammerstad explain what the City intended with the Task Force. Mayor Hammerstad indicated that she was willing to pull the item if someone came to talk about it but, otherwise, she preferred leaving it on the consent agenda. Mayor Hammerstad referenced stamped page 72, June 12, 2001, minutes, stating that a sentence in the second paragraph from the bottom should read: "the Board telling the Council that there was no city ... told her that they round somethingosa itive..." (not "they found something similar"). Mayor Hammerstad noted that Item 6.1 would be been rescheduled to August 7. She noted the ex parte e-mail that all the Councilors received. She said that Mr. Powell has advised people contacting the Council via e-mail not to do so. She asked anyone receiving additional e-mail to forward it to Mr. Poiycll. Councilor Graham said that she received three letters, opened and read one, and gave all three to Mr. Powell. Councilor Rohde said that he received three letters and read all three. Mr. Powell indicated that they would make those letters part of the record for the next hearing, provided that they contained no new evidence. He commented that lie thought they were all simply argument based on the record. Mr. Powell indicated to Mayor Hammerstad that the quasi-judicial public hearing on the urban services boundary was a formality; he did not expect any controversy. Councilor Rohde mentioned that he had a JPACT report on the MTIP decision. Mayor Hammerstad commented that she expected that a number of people would be testifying on the legislative hearing on height measurement in First Addition and Lake Grove. City Council Morning Meeting Minutes Pilge 1 (4 9 July 17, 2001 Mr. Powell explained to Councilor Graham that the Deputy City Attorney's comments with respect to Measure 56 referred to the suggestion by some people that the City make the changes applicable citywide, which, under Measure 56, would require mailing notices to everyone in the city. Councilor Rohde indicated to Mayor Hammerstad that he preferred to give his Livable Oregon conference report during a study session. Doug Schmitz, City Manager, suggested scheduling it for the August 7 morning meeting. Councilor Graham said that she would announce the Adult Community Center's annual picnic. She volunteered to announce that positions were still open on the Budget Committee and the Historic Resources Advisory Committee. Mr. Schmitz advised the Council that, at the discussion tonight, the Natural Resources Advisory Board (NRAB) would like to know if there were specific sections of the ordinance that the Council would like the Board to address when it reviewed the code. Councilor McPeak noted that the considerable feedback she has received on the tree ordinance focused on the right of the property owner to cut down any trees on his/her property. She asked if there was a reasonable way to relax the tree ordinance requirements. Mr. Powell mentioned another issue with respect to the definition of landscaping given by the previous Council, which was put off for future consideration per the NRAB recommendation. Mr. Schmitz said that NRAB requested a closed session because they wanted an update on where the City was in negotiations for property. Mayor Hammerstad indicated to Councilor Graham that she would report on the meeting she had with the School District representatives with respect to the Task Force. 4. REVIEW FUTURE AGENDA ITEMS Councilor Rohde announced a sustainability conference at the Portland Hilton from September 6 to 8, which was sponsored by all the major players in the sustainability movement. He held that this conference would be a good training opportunity for the Council as a whole on sustainability. The rest of the Council indicated they were interested in attending. 5. OTHER BUSINESS Councilor McPeak reported that she heard at the last LONAC meeting that the newspaper announcement of City meetings was getting spotty. Mr. Schmitz indicated that staff submitted the announcements as always; he would check to see what was happening on the newspaper end. Councilor Graham informed the Council that Martin Jacobs has gone public on the library issue; he called the newspaper editor who subsequently called her. She indicated that they had a nice chat and that the Council could expect to see something in the Thursday paper. Mayor Hammerstad commented that the response she has heard indicated that people saw this situation as a case of a small group with a particular issue. She held that it was fine to air the situation. Mr. Schmitz asked that those who did not plan on attending the National League of Cities conference in Washington. D.C. to let him know in the next week because of hotel reservations. The Council discussed lodging options and room prices. Councilors Hoffman indicated to Councilor Rohde that he did see the redistricting map, which put Lake Oswego in with Stafford. 5.1 Classification Update Mr. Schmitz indicated that this was a follow-up to the June discussion regarding the City's recruitment of a Community Development Director. He said that Ms. Deardorff and Mr. Jordan have gathered comparables since that discussion, proving their earlier perception that Lake City Council Morning Meeting Minutes Page 2 of 9 July 17, 2001 98 Oswego salaries were behind the market place. He noted that their salaries ranged from 7% to 20% behind the market for the positions they looked at. Mr. Schmitz asked if the Council found the cities that staff used for comparables acceptable. He mentioned that, after they did the simulation for comparables for the calculation, they dropped out the city with the highest salary position and the one with the lowest salary position. Councilor Rohde stated his concern about the cities used, such as Coronado and Monterey in California and Mercer Island, Washington. He asked to see those salaries adjusted for cost of living in those regions. Janice Deardorff, Human Resources Director, confirmed that staff did not adjust the salaries for cost of living. She explained that their compensation consultant suggested not doing that because when candidates looked at a wage, they considered the cost of living in part but the true draw remained the wage. Chris Jordan, Assistant City Manager, recounted his work in breaking down the average for all the cities (which was not reflected in the numbers in the report); he found that the cost of living average was only 2% to 3% different from Lake Oswego's cost of living. He commented that the end result might not be too far off. Councilor Hoffman asked why staff did not include the cities of West Linn or Eugene. Ms. Deardorff explained that they had looked at cities with similar populations; Eugene's population was too high, and West Linn's population was 23,000 nor did they have as many matches for West Linn (i.e., no fire department or systems manager). She pointed out that Lake Oswego was more likely to recruit from further out than West Linn, Wilsonville or Tualatin. She observed that in this situation, West Linn would be an interesting example because they had a Community Development Director candidate from West Linn. Councilor Hoffman asked if staff considered other cities in Washington state that were closer than Redland, Mercer Island, or Kirkland. Ms. Deardorff explained that they had focused on cities that reflected how Lake Oswego looked in the market place, and therefore did not include suburban cities. She indicated that they could look at those. Councilor Hoffman asked if staff looked at other urban regions in the country similar to the Portland metro area. He noted that he did not know where the City's candidates came from. Ms. Deardorff said that, although they advertised on the West Coast, they were pulling candidates from the local area. She indicated that the recruiters have focused on the Seattle and Portland areas, looking for someone in a large department interested in taking a higher-level position in a smaller city. Councilor Rohde reiterated his concern about the cost of living issue. He mentioned a friend taking a job with Nike who would have been paid twice as much in Chicago and three times as much in New York City because of the cost of living in those areas. He stated that he was not satisfied with Ms. Deardorff s comment that they should ignore the cost of living issue. Councilor Hoffman said that he heard staff saying that the comparables were close. Mr. Jordan said that he ran the numbers and found some individual, large disparities; Monterey was 20% to 25% higher than Lake Oswego while Hillsboro and Gresham were 15% to 20% lower than Lake Oswego. Ms. Deardorff mentioned that they dropped off Carmel because its cost of living was extreme and unique. Mayor Hammerstad noted that the housing prices in the Seattle area were greatly inflated over the prices in the Portland area, which she thought staff took into consideration. She mentioned that the salaries at the medical school were lower. She indicated that she would be more comfortable with comparables in the local area. Councilor Rohde asked where Lake Oswego stood in comparison to the Portland metro area and other Oregon cities, leaving out the Washington and California cities. He commented that he did not mind being at the top of the market for Oregon but he did not know if he wanted to get into competition with Washington or California. Mr. Jordan said that staff did not run the numbers City Council Morning Meeting Minutes Page 3 of 9 July 17, 2001 9C 1i comparing Lake Oswego to only the five Oregon cities on the list: Beaverton, Gresham, Hillsboro, Corvallis and Bend. Ms. Deardorff indicated that, in looking at the highs and lows for the Metro area, Lake Oswego came in at 10% less than the average for the Assistant City Manager position. She concurred with Mayor Hammerstad that, due to Beaverton's full-time paid Mayor, the Beaverton Assistant City Manager performed some City Manager functions. She indicated that their review of the job description found that the Assistant City Manager in Beaverton did have similar functions to Lake Oswego's Assistant City Manager. Mr. Schmitz indicated to Mayor Hammerstad that the difference between the Lake Oswego Assistant City Manager salary and the average of the other Oregon cities (dropping out Beaverton) was 18%. Ms. Deardorff spoke to the broad context of the City's intention with its salary compensation. She explained that in the next year, the intent was to move towards a more streamlined management compensation structure with fewer ranges. She said that this was more similar to a private sector model with broader ranges and movement within the range dependent upon merit. She mentioned that this was similar to a system that the City used several years ago, except it did not put the merit piece in place. Ms. Deardorff explained that, at this time, they were adjusting the wage scale for the cost of living with the intention of moving away from using the cost of living factor that they used with their bargaining units. She pointed out that every time Lake Oswego adjusted for cost of living, they used market data that other cities have already adjusted for cost of living; consequently, they constantly adjusted against their own adjustment. She described their goal to move away from using the cost of living adjustment figure and towards looking strictly at the market for range adjustments with determination of people's place within those ranges based on their performance. Ms. Deardorff said that if someone were satisfactory in his/her performance, he/she would stay in the middle of the range. She indicated their intent to reduce the current 21 classifications down to 15 and then down to 9 classifications. She pointed out that this proposal allowed the Council to tell the taxpayers that the City's compensation plan was performance-based and market-driven. She observed that a critical piece of the proposal was determining what the market would be but once they knew what the market was, they could adjust based on a larger perspective than the annual cost of living adjustment. Councilor McPeak commented that an important aspect of the decision on what the right market comparison was the non -monetary value of a job in Lake Oswego, which was hard to include accurately. She asked if using more Oregon and fewer out-of-state comparables gave them a greater likelihood of including that factor. She described the non -monetary factor as including quality of life and the challenge of the job with respect to Oregon's system. Councilor Turchi asked if Councilor McPeak was saying that the Council should be judging how much less the City could pay people because Lake Oswego was a really nice place to live. Councilor McPeak clarified that they were judging what they needed to pay to get good people. She held that the question was how to achieve the objective of finding comparable salaries to attract people. Councilor Turchi asked how the City got so far behind. Ms. Deardorff said that she did not know all the history of how that happened. She mentioned that some of the things done in the mid-1990s were never implemented. She discussed how remaining in the middle of the local market contributed to Lake Oswego falling behind, especially when they had to recruit from a broader market. She noted that Hillsboro recently completed a classification compensation study and consequently adjusted their wages, partly due to growth and partly due to the need to recruit people. Mr. Jordan observed that another factor was that Lake Oswego has not had to recruit a department head for some time, and therefore has not been looking hard at the comparables or City Council Morning Meeting Minutes Page 4 of 9 July 17, 2001 10 u where it sat in the market. He said that when they started their recruitment process, they quickly found that they were not paying enough to recruit at the department head level. Mr. Jordan discussed his analysis of the increase in the cost of living in Lake Oswego over the past 10 years and whether that affected the City's ability to recruit. He said that, since 1990, the department director salaries increased by 40 to 45% while the housing prices have gone up by 90%. He pointed out that a recruit looking at the market would understand that he/she could not afford to buy a house in Lake Oswego. He held that that might affect a candidate's decision on whether or not to apply for a position at Lake Oswego. Councilor Rohde recalled that he has argued in the past that Lake Oswego should be at the top of the market. He clarified that he meant that in the context of the local metro market; expanding the market to out-of-state skewed their situation. Councilor Rohde argued that, for a city within a broader metro area, he did not agree with looking at only the housing within the city as the available housing market. He pointed out that Jeff Condit, former City Attorney, deliberately purchased a house outside of Lake Oswego in order to avoid citizens knocking on his door every time they had a legal problem. He spoke to the regional market as the available housing market, and not simply Lake Oswego. Mr. Schmitz indicated that the figures using only the Oregon cities put Lake Oswego's community development director salary 14% behind, the police chief 16.5% behind, the fire chief 18.7% behind and the library director 15% behind. He emphasized that whether or not the figures included out-of-state cities, Lake Oswego was still behind the market in management salaries. He said that the question was how did the Council want to address the conditions at the City. Mayor Hammerstad suggested discussing philosophically where the Council wanted to be in the market. Councilor Rohde reiterated that lie wanted to be at the top of the market using Oregon comparables. Councilor Hoffman asked what the result would be in four years if Lake Oswego sat at the top of the market. He commented that likely they could recruit a community development director more easily, which would solve the immediate problem. He questioned what impact a top of the market position would have in terms of the costs of management, as other management position salaries would also increase. Ms. Deardorff confirmed that the City would make salary adjustments for other management positions based on the market because it had scattered problems within the classifications staff was currently reviewing. She mentioned that the utility supervisor salaries were 7% to 8% off the market. Councilor Hoffman commented that, theoretically, the City would raise people's salaries but not see an improvement in performance. Ms. Deardorff pointed out that people were not necessarily motivated by salary; other reasons of motivation included recognition, appreciation, and professional pride in accomplishment. She noted that low salaries did result in a `grumble' factor, which did affect how people did their work and could contribute to people looking elsewhere for a job. Ms. Deardorff commented that a certain amount of turnover was healthy for an organization. She indicated that Lake Oswego would achieve some turnover in the next few years through attrition, as top level people left and the City tilled those positions by either pulling people from the City or recruiting from the outside. She argued that a Lake Oswego salary that was comparable to the top three cities in the metro area (Beaverton, Gresham and Hillsboro) would play into how people viewed their work. She indicated that she was not certain that people would move on, even if Lake Oswego did not move out of the average. Councilor Hoffman asked what the City gained by increasing the organizational salaries. Mr. Jordan explained that increased salaries gave the City the opportunity to recruit from a broader market. He cited an example of the police chief position. If Lake Oswego were recruiting for a police chief and the person in the number 2 position at Hillsboro were interested, Lake Oswego's City Council Morning Meeting Minutes Page 5 of 9 July 17, 2001 chances of recruiting that individual were slim because Lake Oswego's police chief position paid less than Hillsboro's number two police position. Mr. Jordan contended that most people were not willing to take a significant pay cut to take on more responsibility in a different city. He explained that the salary bump proposed did not mean that the City would draw people from the top range; it gave the City the option of looking further away for recruits as opposed to always promoting from within. Ms. Deardorff commented that part of the process was the City's ability to sell itself as a premier employer in terms of its ability to attract top of the line people and its compensation package. She concurred that the salary increase did strengthen the City's position for recruits looking into a mid -management level job (in particular) at Lake Oswego because it said that Lake Oswego put a premium on high quality people and its ability to attract and retain those people. Councilor Hoffman asked which was the critical group of employees in this kind of an organization. Ms. Deardorff observed that the City would still function without managers, as it had excellent employees at the lower levels of the organization, yet the City needed the guidance at the top to provide the long-range vision needed to accomplish what the Council wanted done. She held that it took a combination of different levels to operate the organization. Ms. Deardorff mentioned that some people thought that Lake Oswego was top heavy. She discussed cutting down the number of manager positions over time, just as those positions had grown over time. She pointed out that with Lake Oswego's aging work force, the City had the opportunity to reassign some management positions to the line or to mid-level management as people moved out of the organization. Councilor Graham recalled hearing a comment several months ago that Lake Oswego served as a training ground for fire department personnel; good people left after getting their training because the City did not pay enough. She spoke to retaining those good people, regardless of their management level, because good people made a good department. Ms. Deardorff indicated to Mayor Hammerstad that Lake Oswego was comparable in benefits. She mentioned that they were better in some respects because they still had low deductibles and no employee contribution for managers. She said that Lake Oswego had a healthy, strong benefit plan that the market considered equal to the other cities. Ms. Deardorff confirmed to Mayor Hammerstad that the City did offer deferred compensation, although the City did not have a deferred compensation match. She explained that the employees had the option to participate in that program. She mentioned the possibility for the future that management employees might prefer a deferred compensation match by the City in lieu of salary adjustments. Ms. Deardorff indicated to Councilor Graham that deferred compensation was an excellent way for people to supplement their retirement. She explained that they could set aside a certain dollar amount tax-free, which they could draw on during their retirement and while in a lower tax -bracket. She noted that they were starting to see deferred compensation matches at other cities. Ms. Deardorff mentioned that another benefit people wanted were more time off. She discussed the difficulties in providing that, due to the job demands. She indicated that as the workforce aged, they wanted more flexibility in their schedules, including the option of taking a sabbatical for study or travel (a benefit tied to longevity). She said that they were seeing movement towards these programs in the private sector but not yet in the public sector. Councilor Turchi asked if there were cheaper ways to give salary increases, such as a deferred compensation and avoiding the PERS contribution. Ms. Deardorff indicated that with deferred compensation, the City did not pay the FICA match and other taxes. Ms. Deardorff explained that staff, in developing this proposal, realized that the cost of living adjustment promised the employees in January plus the market adjustments created too big a City Council Morning Meeting Minutes P.q,,c 6 of Q July 17, 2001 1 t, jump for most positions. She said that they merged the cost of living adjustment and the market adjustment, which produced savings to the City. Ms. Deardorff discussed how, as they revised their classification system over time, they would reclassify some people at the first step of a new range, as opposed to shifting them from the top step of the old range to the top step of the new range, because of the leap that some of the positions would make. She indicated that this allowed the people to earn the wage over time as opposed to being given the wage. She observed that this strategy has resulted in considerable cost savings as well. Mr. Jordan mentioned that it also put the `carrot' of a higher ranking in place for staff to work towards. Ms. Deardorff said that they were trying to get back into the practice of giving feedback and setting expectations for the department directors in order to allow the managers to focus on what the City needed them to be doing and to continue to perform their jobs at an excellent level. Mayor Hammerstad referenced the proposed increase of $58,000. She mentioned the Council's interest in seeing the comparables with Oregon cities only and including more Oregon cities. She noted Councilor Rohde's opinion that Lake Oswego should be at the top of the market of Oregon cities. She asked for other opinions. Councilor Hoffman concurred with Councilor Rohde that Lake Oswego should be at the top of the market. He mentioned within 2%. Councilor Graham concurred, citing the need for top people to accomplish the Council's goals and to do it well. Mayor Hammerstad asked if staff would implement this proposal all at once or over time as attrition and retirement occurred. Ms. Deardorff said that the cost included increases for everyone from 3% to 8%. Mayor Hammerstad commented that an incremental increase was more palatable. Ms. Deardorff explained that by re -assigning someone currently near or at the top step of a rank to the first step of a new rank effectively increased the salaries incrementally. Mr. Jordan explained the rule that staff used: if someone's range was moving, he/she received a 3% increase and placement at the nearest step to the 3% increase. He indicated that some might get more, depending on the jump, but in his and Ms. Deardorff s cases, they were going back to Step 1 because anything more would be too big a pay raise right now. He confirmed to Mayor Hammerstad that these increases were included in the $58,000. Councilor Turchi questioned whether they would fall behind in the proposed system. Ms. Deardorff explained that she would work with the compensation consultant over the next six months to plan how to make the shift from the current pay structure to a more streamlined structure. She said that their current pay ranges were roughly 20% to 22% from the first to the top step; the proposed system would lengthen that range to 50%. She indicated that that meant that most people would fall at the lower end of the scale, thus allowing movement upward based on merit only. Councilor Rohde asked what the City was doing to address the situation with the charter officers. Ms. Deardorff said that, once the Council determined the market, she expected that the Council would ask her to come back for the January charter officers' evaluations with market data for those positions. She asked if that was what the Council wanted her to do. Councilor Rohde asked what the City was doing with respect to `tile top heavy management' concern mentioned by Ms. Deardorff. Mr. Schmitz discussed the situation at the fire department, in which they had three management positions: Fire Chief, Assistant Fire Chief and Emergency Operations (unfunded but authorized) and the new Chiet's interest in consolidating the assistant chief (now vacant) and the emergency operations position. Mr. Schmitz noted that attrition would reduce the three management positions at the police department to two, and retirement would reduce the two management positions in maintenance to one. He indicated that they did not have the same top-heavy management situation in engineering and planning. Ms. Deardorff mentioned that when Bob Kincaid retired (targeted in two years), the City would not likely till another city manager job. She commented that the recent reorganization had been City Council Morning Meeting Minutes Page 7 of 9 July 17, 2001 O;s a good thing in terms of restructuring the overall management of the City. She said that, although it left some overlap, they could ride through those areas until retirements occurred; at that point, they would not fill the extra management positions. Councilor McPeak asked if Ms. Deardorff could include a review of the entire health care cost aspect or personnel costs in her work with the consultant and start putting in place whatever the City needed to do in order to change its approach to that issue. Ms. Deardorff indicated that one reason it was important to look at wages now was that, in the fall, they would work with the benefits committee and a benefits consultant to look at that very issue. Ms. Deardorff explained that by linking the compensation and the benefits, it became clear that the City needed to shift the costs into the employee's pocket. She noted that one option was changing the plan, although people liked the Lake Oswego benefit structure. She mentioned that a few years ago the City switched provider companies in order to keep the benefits whole. Ms. Deardorff held that one of the ways to sell the shift to employees was to be able to say that the City made market adjustments to wages in order to compensate people at the top of the market; this offset the City's request that the employees start paying some of the benefits costs out of their own pocket. She indicated that the change was inevitable, and that the employees recognized that a change was coming. Councilor McPeak observed that the comparables were still valid as all the other cities were doing the same thing. Ms. Deardorff concurred. She mentioned hearing that Tualatin, in addition to giving a cost of living increase, was requiring employees in all positions to contribute towards their health insurance, which was the first time Tualatin has had to do that. She held that Lake Oswego was headed in the same direction in the future. Councilor Graham mentioned that she knew from her husband, who was a union member that a major issue in contract talks, were health benefits. She indicated that everyone recognized that health care costs were not simply increasing; they were escalating to the point where employees were talking about lower salary compensation in exchange for the employers covering medical costs. She observed that cost of a hospital visit could quickly outpace increased compensation. Mayor Hammerstad mentioned another factor of the tax implications; an employer paying medical benefits and lower salaries created a better tax package. She indicated to Councilor McPeak that she thought that they could combine the strategies but they had to do so in a way that benefited the employee in terms of what he/she took home in his/her pocket. She supported looking at other methods of compensation, such as other benefits. She questioned whether these other benefits were meaningful to employees at all, and if so, were they meaningful to only those employees in the upper brackets and not to those in the lower brackets. Ms. Deardorff indicated that they did encourage deferred compensation participation, as sometimes that did have a minimal effect on an employee's take home pay. She reiterated that their work with the benefits committee would provide necessary information for the January discussion with respect to potential plan changes. She described the flexible spending account program offered by the City, which was similar to deferred compensation. She observed that they could use that program to help employees pay their premiums. Councilor Turchi mentioned that the School District has cut back on employee health care benefits. He observed that the Council could be ridiculed if it asked to reduce employees' health care benefits or employees to share the higher cost while maintaining the employees in a sick building. Ms. Deardorff concurred that that was a hot issue for City employees at this time. Councilor Hoffman indicated that he supported paying City management personnel at this higher level as a reasonable action, and that he generally supported the rates. He asked to see a more detailed explanation of the comparables in the proposal, as the data drove the conclusion. He asked for reasons why staff used certain cities and did not use other cities. Councilor Graham referenced the paragraph discussing costs implications and people gaining money because of attrition. She asked how long would the City use this `Band-Aid' approach. She conceded that they saved $03,000 in the short term but argued that this approach did not City Council Morning Meeting Minutes Page 8 of July 17, 2001 address the long-term problem of how the City continued to pay for good Cmployees on a regular basis with stable funding. The Council agreed on including West Linn in the comparables but not Oregon City. Ms. Deardorff indicated to Councilor Rohde that Keizer was a good comparable for Lake Oswego and one that they used for the police department. Councilor Graham commented that Eugene had a similar ambience and amenities to Lake Oswego, even if it was a larger population. Ms. Deardorff indicated that Corvallis was a population match for Lake Oswego. Ms. Deardorff indicated to Councilor Rohde that she was still working on the employee home loan. Mr. Schmitz indicated to Mayor Hammerstad that staff would come back on August 7 with their selection for a community development director. 6. EXECUTIVE SESSION Mayor Hammerstad recessed the meeting at 8:47 a.m. to Executive Session pursuant to ORS 192.660(l)(h) to consult with counsel with regard to current litigation or litigation likely to be filed, and (e) to conduct deliberations with persons designated to negotiate real property transactions. Mr. Powell reviewed the Executive Session parameters. 7. RETURN TO OPEN SESSION Mayor Hammerstad reconvened the special meeting at 8:50 a.m. Mr. Schmitz mentioned a PowerPoint presentation that Ms. Deardorff put together on the philosophy of compensation, which they would present at another time. 8. ADJOURNMENT Mayor Hammerstad adjourned the meeting at 8:58 a.m. Respectfully submitted, v,eG2G� e McGarvin 'Deputy City Recorder APPROVED BY THE CITY COUNCIL: ON Judie Hammerstad, Mayor City Council Morning Meeting Minutes Page 9 of July 17, 2001 tUJ 4.4.6 08/07/01 MINUTES OF JULY 17, 2001 JOINT MEETING WITH THE NATURAL RESOURCES ADVISORY BOARD / �d�lw CITY COUNCIL/NATURAL RESOURCES ADVISORY BOARD JOINT MEETING MINUTES July 17, 2001 al4oM Mayor Judie Hammerstad called the City Council joint meeting with the Natural Resources Advisory Board to order at 5:10 p.m. on July 17, 2001, in the Municipal Courtroom. Present: Mayor Hammerstad, Councilors Rohde, Turchi, Graham, McPeak, and Hoffman. Councilor Schoen was excused. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Jane McGarvin, Deputy City Recorder; Jane Heisler, Community Planning Manager; Lisa Hamerlynck, Natural Resources Coordinator; Sandra Ingalls, Code Enforcement Specialist NRAB Present: Jonathan Snell, Chair; Kelly Riordan, Sarah Asby, Christine Roth, Deborah Shimkus 3. JOINT MEETING WITH THE NATURAL RESOURCES ADVISORY 11OARD Jonathan Snell, NRAB Chair, observed that the general objective with respect to trees was to have trees for the livability of all who lived, worked and played in Lake Oswego. He indicated that the factor of trees contributing to livability was part of an urban forestry program, which should include a mechanism in the tree code to regulate tree removals. He reviewed the issues involved with an urban forestry program, including planning, planting, maintenance, and responsibility issues. Mr. Snell referenced the April 26 memo listing the other areas of interest to the Board, including priority goal setting and capital improvements program elements. Councilor Rohde suggested that staff forward to the Board the letters received by the Council regarding the tree code, as the questions related to policy. He explained that he saw the Community Forestry Commission's purview as the implementation of the existing ordinances, while the Board was more of a policy recommendation body. The Board indicated that it received one of the letters. Christine Roth, NRAB, discussed the issue of garbage trees mentioned by Councilor Rohde. She reported that the League of Women Voters, which recently completed its restudy on the issue of trees, had several members who were adamant that there needed to be a definition of junk trees and of trees that were worth saving. She pointed out that doing so was very difficult, as what was a junk tree to one person was not necessarily a junk tree to another. Ms. Roth spoke to an ordinance that was as fair and equitable as possible while protecting as many trees as possible. Mr. Snell recalled that the Council reduced the Board's original recommendation for differentiating between Type 1 and Type 2 trees from 18 inches to 10 inches. He observed that the change was significant as it placed more people into the more stringent permitting process. He mentioned Board discussions about differentiating trees based on type of tree. Councilor Rohde commented that he heard from many people questioning why the City made them save what they considered to be a nuisance tree. He recalled that he became involved in working for a stronger tree ordinance when a neighbor of his paid $14 to the City for two permits to cut down eight 80 -plus year old Douglas firs plus an additional three. He indicated that it City Council Joint Meeting with NRAB Minutes Page 1 of 5 July 17, 2001 10 9 dramatically changed the entire neighborhood. He stated that his desire was to preserve that kind of significant tree, commenting that he has taken out nuisance hawthorns on his property. Ms. Roth observed that people were better off cutting down a tree in their yard when it was small because doing so avoided the permit issues. Councilor McPeak mentioned that she owned a home with 10 Douglas firs at the back. She pointed out that, as she and her husband grew older, and the trees continued to grow, they would have an increasingly difficult time managing the tree maintenance, both physically and financially. She commented that they had obtained a permit to cut down the trees but changed their minds. She spoke to finding a way to reach a more moderate position whereby they retained the quality trees but did not tell people that they could never cut down the Douglas firs on their property. Ms. Roth agreed that there had to be a way to manage trees that still allowed people the use of their property. She mentioned that she owned a 10,000 square foot lot with 18 Douglas firs; she should take a couple of them out in order to maintain the health of the remainder of the grove. She said that that was the kind of thing that people needed to be able to do. She indicated that she could not believe that the Planning Department under the current ordinance would not let someone do that. Councilor Rohde pointed out that Councilor McPeak's situation was entirely different; she wanted to remove the trees when they became too much trouble to maintain. Councilor McPeak observed that the problem was that things changed as time passed; eventually one realized that the tree he/she planted upon moving into the house was in a stupid location. She held that it was fair to allow people to fix their mistakes. Ms. Roth said that people could do that under the current ordinance. She agreed that the ordinance forbade clear -cutting a site but argued that they could cut down a tree for landscaping purposes, although they might have to pay a larger dollar amount. Councilor McPeak asked how the Board defined `landscaping purposes.' Ms. Roth said that the Board deliberately did not define it. Councilor McPeak asked how stab' was interpreting `landscaping purposes.' David Powell, City Attorney, recalled discussion oil this question by the previous Council. He said that staff initially interpreted `landscaping' as meaning something fairly extensive involving grading, etc. He noted that during a public hearing, someone pointed out that the ordinance did not actually say that, which left `landscaping' in the eye of the beholder. Mr. Powell mentioned that one of the issues that the previous Council sent back to the Board was the landscaping definition because it was too loose; landscaping could mean `I would rather not have the tree in that location.' I -Ie pointed out that there were other criteria, such as no negative impact on erosion or the character of the neighborhood. He said that the interpretation of `landscaping' for Code entorcemcnt was a forgiving standard. Sandra Ingalls, Code Enforcement Specialist, indicated that staff looked at all four criteria. She concurred that the `landscaping' criterion was in the applicant's discretion to define but noted that staff did ask what the applicant's landscaping purposes were. Mr. Powell observed that the more difficult criteria were the negative impacts on erosion or the character of the neighborhood. I Ie commented that what many people resented were having to pay $100 to take down a tree that they planted. He concurred that the criteria were not as strict as people thought it was. Ms. Ingalls indicated to Councilor McPeak that if someone asked for a permit to remove 10 Douglas firs for landscaping purposes, such as putting in cherry trees and rhododendron bushes, staff would ask for a landscaping plan showing the location of the proposed changes and require them to go through the criteria listckl on pages 6 and 7 of the tree code. City Council Joint Meeting with NRA13 Minutes July 17, 2001 Page 2 of 5 1L Councilor Rohde stated that it was that exact destruction of the community's historical environment that the tree ordinance was intended to prevent. He said that lie had not known that the City was allowing that sort of thing to go on. Mr. Powell reiterated that there were several criteria for tree removal, including landscaping purposes and no negative impact on the character, aesthetics and property value of the neighborhood. He emphasized that people's impression that they could not cut down a single tree simply because it was a tree was untrue. Lisa Hamerlynck, Natural Resources Coordinator, noted that the community forestry program involved an educational component, which was usually handled by an urban forester with a professional -level knowledge of trees. She mentioned the City of Portland's Tree Liaison program, in which staff trained interested neighborhood people in an eight-week course to be `Certified Tree Liaisons;' these people started the educational process in their neighborhood from the ground level. She indicated that the Board was interested in having a more visible presence in the community and in doing an educational piece. Mayor Hammerstad described that as ail excellent idea, as people needed to know that they did have an avenue. She mentioned that, during her campaign door-to-door, she saw many overgrown lots whose owners felt that they could not remove the larger trees, which blocked the sunlight into their yard. She mentioned the article in Hello LO, which addressed the question of when could someone take down trees. Mayor Hammerstad agreed that there was a balance somewhere in this issue, which she had the impression that the City had not achieved. She commented that Councilor Schoen would say that they needed more flexibility in the ordinance. She observed that perhaps it was not a lack of flexibility in the ordinance as much as it was people not knowing that there was flexibility in the ordinance. Ms. Roth said that, in the last round of revisions, the Board tried to find a way to provide both the protection and the flexibility described by the Council. She pointed out that, as infill occurred in Lake Oswego, some of the big trees in the canopy would come down, and not be replaced with Douglas firs because there would not be enough room for them. She held that over time the look of the city would change in any case; what they needed to do was to manage that change carefully. She spoke to the tree ordinance as providing guidance and a gentle nudge towards maintaining the canopy. Mayor Hammerstad commented that perhaps they have lost the vision of this one component as part of the larger urban forestry program. Mr. Snell observed that if this were easy, they would have already done it. He noted the competing interests alongside the commonly held values; people liked a buffer of trees in the city but a property owner cutting down a tree grove affected other people. He stated that the goal of the ordinance was to try to have the community represented in the decisions that occurred on private property. Mr. Snell recommended esuibli�liing an ad hoc task force to review the existing ordinances and policies in order to develop a \�a\ to utilize the existing ordinance through education, communication and possible adjustment to policy implementation of the ordinance. He indicated that it needed to be a diverse group, including an arborist, City Councilors, NRAB members, a Community Forestry Commission representative and staffing. He commented that the City had not used an integrated multi -discipline approach to work on the tree ordinance. Mr. Snell referenced a comment made by a former staff person, Morgan Tracy, who said that Lake Oswego was good at preserving trees but it was not good at managing them. He indicated that he had not understood \\ liat Mr. Tracy meant at the time but he recognized it as a weighty comment. He asked the Council to try to understand the significant difference between preserving trees and managing trees. City Council Joint Meeting with NIZA13 Minutes Page 3 of 5 July 17, 2001 11. Mr. Snell referenced the one complaint letter that the Board did receive from the citizen claiming that the City would not let him cut down a tree that was jeopardizing his foundation. He said that he would be stunned if he reviewed the facts and found that description to be accurate. Mr. Snell observed that people were trying to do the right thing; the enemy was the fact that it took a very complex mechanism to represent the community interests on private property. He contended that they needed to find that mechanism or Lake Oswego would look like other places. Councilor McPeak mentioned hearing from a former City Councilor who had looked into purchasing an older home and remodeling it; the remodel depended on removing some trees. She said that the former Councilor indicated that staff required an expensive architect -level detail of the remodel before they would say whether the former Councilor would get approval for the removal of the trees. Mr. Snell contended that the role of government was not to take away risk from people who wanted to engage in property transactions. Councilor McPeak concurred but asked how professional a proposal did this former Councilor have to pay for in order to find out if he could do a remodel and remove trees. She held that that spoke to landscaping. Mr. Snell argued that the City frequently dealt with the hypothetical; it could not say, based on a general description, whether someone would be allowed to do something. Ms. Hamerlynck discussed the Board's efforts to find money to implement the community forestry plan, following their realization that the City had no money to do so. She indicated that Board member Kelly Riordan volunteered to research grants with a view to funding a staff person to focus on an urban forestry plan. She mentioned a possible grant from the State Forestry Board, which gave grants to start community forestry programs. Ms. Riordan confirmed to Councilor Rohde that the State grant was for starting up the program; the City had to figure out how to continue the funding. Mr. Snell held that if they redirected the maintenance efforts 01'111C utility companies with respect to trees, they could pay for the program. Mr. Schmitz confirmed to Mr. Snell that the Board did need to bring their grant proposal to the Council for approval before submitting it. He indicated that any time after September 1 would be fine. Councilor Turchi observed that one of the two reasons that the Lake Forest neighborhood wanted to be in the city was to be under the City's tree ordinance. He speculated that the majority of people thought that the tree ordinance was a good thing, even if they misinterpreted its application. Mayor Hammerstad suggested that they discuss how to get the Board involved early enough in the budget process to allow the Council the opportunity to consider their funding requests with respect to the CIP program. She mentioned the Board putting its work program on a timeline for Council's information. Mayor Hammerstad discussed the burgeoning interest by volunteer groups who wanted to do tangible projects. She spoke to developing projects for the community civic groups, including components of the master plans. Mr. Snell agreed that there was a lot of opportunity available but noted that volunteers needed a lot of management and direction. Mr. Snell mentioned that lie was a volunteer advocate, citing his numerous volunteer activities. He pointed out that, with Ms. I lamerlynck's experience in working with volunteer groups, the City had many of the pieces in place for volunteer projects. He held that with the Open Space Master Plan, the Cite kncw where it wanted to go but it still lacked the logistical `itinerary' for the various individual projects needed to implement the master plan. City Council Joint Meeting with NRAB Minutes Page 4 of 5 July 17, 2001 112 Mr. Snell agreed that they had a wonderful opportunity to leverage City funds and involve volunteers, who then tended to take ownership for maintaining the land. Mr. Snell commented that the Board had a better appreciation for the CIP program and the funding process, following a meeting with staff on the subject. Mayor Hammerstad suggested that the Board send the Council a proposal for the ad hoc committee, including the charge statement. She said that the Council would be interested in hearing thoughts from the community about the implementation of the tree ordinance. 4. EXECUTIVE SESSION Mayor Hammerstad recessed the meeting at 5:49 p.m. to Executive Session pursuant to ORS 192.660(1) (e) to conduct deliberations with persons designated to negotiate real property transactions. 5. RETURN TO OPEN SESSION Mayor Hammerstad reconvened the sleeting at 5:53 p.m. Mayor Hammerstad spoke of the other priorities that the Board had in addition to the tree ordinance. Mr. Snell indicated that the goals that the Board shared with the Council at the first of the year remained their goals. Ms. Roth spoke of beginning to master plan Woodnlont and the Iron Mountain Natural area. She mentioned their conversations about the Parks and Recreation Advisory Board and NRAB doing some joint planning on areas that had both open space and active recreation components, such as George Rogers and Woodmont. She indicated that the Board wanted to see things get started at Cook's Butte. Mr. Snell observed that the Board emphasized planning. He mentioned finding trial sites on which they could learn while implementing the plans in small steps. He indicated that Iron Mountain Park and the Iron Mountain Natural Area would make good candidates. Mr. Snell indicated that the Board was looking for the best mechanism to evaluate funding options and to make recommendations to the Council on the implementation of small-scale projects. He described developing a plan that would detail what the volunteer groups could do, what staff would be responsible 1`or and what the City might contract out. He mentioned their intent to have a better approach to the distinction and the appropriate management approach of natural areas versus active park use areas. 4. ADJOURNMENT Mayor Hammerstad adjourned the meeting at 5:57 p.m. Respectfully submitted, v vtti.. cc arvin Deputy City Recorder APPROVED BY'I HE CITY C01!NCIL: ON Judie I la►nmerstad, Mayor City Council Joint Meeting with NRA13 Minutes July 17, 2001 Parc i of, 5 11.E Artificial Turf Field Project Responses to Frequently Asked Questions July 9, 2001 [With Updates from August 2, 2001 Why did the City of Lake Oswego file a lawsuit against FieldTurf? The City has filed a breach of contract claim against FieldTurf because the fields that were installed at the two high schools in 1999 fail to meet the specifications clearly stated in the City's contract. The contract specifications, which FieldTurf agreed to, state that after 12 months the average shock absorbency (G max) rating of the fields must not exceed 105 G's; and after 24 months must not exceed 110G's. The specifications also state that at no time during the life of the fields should the shock absorbency rating top 140 G's. When the fields were tested in September 2000 one year after installation, the average rating for Lakeridge High School was 181 G, and for Lake Oswego High School, 175 G. In June 2001, Lakeridge tested at an average of 190 G, and LOHS at 187 G. It is undeniable that the contract terms have been breached. What are "G -max ratings"? G -max ratings are associated with the level of shock attenuation of a surface. The American Society for Testing and Materials has approved a methodology for measuring shock absorbency that is described in ASTM F-355. As part of its testing standard, ASTM states that "(A)ccording to historical data, the value of 20OG is considered to be a maximum threshold to provide an acceptable level of protection to users." (Emphasis added.) The United States Consumer Product Safety Commission has also adopted 20OG as its safety threshold. In. its October 12, 2000 letter to the City of Lake Oswego, FieldTurf stated that it does not believe that this methodology is appropriate for measuring shock absorbency on infill turf systems. To the knowledge of City staff, FieldTurf is the only distributor of infill turf systems that advocates for a new testing system; all others use the ASTM F-355 testing methodology. Why did the City specify shock absorbency ratings below the Federal safety standards? Attached is a comparative analysis of shock absorbency for athletic fields that appears on the website for Southwest Recreation. It notes that most well maintained, sand -based, natural grass fields have G -max ratings of approximately 125 -150G. (Historically, artificial turf fields for football have had G -max ratings in the low 100's.) The Southwest Recreation analysis notes that a foam pad under an artificial surface results in G -max ratings of 75-105. It also reports that an all rubber filling (without a pad) achieves ratings of 125-130. Since the technology is available, and since young people are the primary users of the fields, the City opted for a standard that would keep the fields as safe or safer than natural grass fields throughout the useful life of the turf. The City recognized that a pad might need to be installed under the turf to meet this specification. The fields that were installed by FieldTurf have a sand and rubber filling, with no pad. Why did the City contract with FieldTurf? The City did not choose FieldTurf. As a matter of fact, the City does not have a contract directly with FieldTurf. In the Spring of 1999, as the City prepared contract documents for this project, there were those who urged the City to award a non-competitive contract to FieldTurf for the installation of these fields (or to draft specifications that would essentially describe only FieldTurf's product). The City instead followed its regular competitive contracting procedures. Specifications were performance-based, rather than describing a particular product. The City received six bids and, in May 1999, the City Council awarded the contract to the lowest responsible bidder, Bones Construction. Bones Construction, in turn, chose FieldTurf as its subcontractor to provide and install the turf. For these reasons, the City has two cases pending - a demand for arbitration with Bones Construction and its surety; and a lawsuit against FieldTurf and its surety. Why, on June 15, 2001, did the City close the artificial turf fields at Lake Oswego High School and Lakeridge High School? The City, growing more concerned about the safety of the users of these fields, contracted with an independent lab to test the fields for shock absorbency. The City received the results on the afternoon of June 14. The results indicated that the fields had become harder since the September 2000 tests and, specifically, that there was one location at Lakeridge and two at Lake Oswego High School that had G -max ratings in excess of 200 G (the Consumer Product Safety Commission and ASTM maximum safety threshold). Six additional locations tested over 190 G. (These tests reportedly have a margin of error of +/- 5%.) Following discussions on the morning of June 15 with legal counsel, the Lake M Oswego School District and technical consultants, the City chose to immediately close the fields. FieldTurf has claimed that the fields would not be closed if the City had accepted its offer to repair the fields several months ago. Did FieldTurf make such an offer, and, if so, why did the City not accept? Following the receipt of the September 2000 tests, the City requested that FieldTurf provide a proposal to repair the fields so that they meet the contract requirements. FieldTurf offered to a number of things to resolve the dispute, including reworking the fields to lower the Gmax ratings. By FieldTurf's own admission, this would have resulted in Gmax ratings still far in excess of the contract requirements. For this reason, the City informed FieldTurf that its proposals were unacceptable as resolutions of the City's insistence upon contract compliance. These proposals were not offered in the context of fields that the City knew to exceed federal safety levels. To suggest that for months the city has rejected offers to make the fields safe is to distort the history of this dispute. The day the City was having the fields re -tested (June 8, 2001), SporTech President Jim Mendenhall and Vice President Steve Coury sent a letter to the city offering a neve type of maintenance ("deep grooming") that FieldTurf could perform on the fields that would "keep your fields...below the critical 200 G -max requirements." The SporTech letter also stated that the fields "may have become firmer since the last time they were tested" and implies that this is due to lack of maintenance. The City's response is attached. After the City closed the fields, FieldTurf again offered to "deep groom" the fields. The City requested certain information before it decided to allow FieldTurf on the fields. Upon receipt of the information, on July 6 the City allowed FieldTurf to "deep groom" the fields. The City will be commissioning another set of shock absorbency tests. Only after the City is assured that the fields are safe will they be re -opened to the public. Updated Section (The section was updated on August 2, 2001) What were the results of the July 12 and 13 tests? The City again commissioned Northwest Labs of Seattle to conduct the G -Max tests. At Lakeridge High School, 13 locations on the field were tested. Three of those locations tested above 200 G with the highest being in the center of the field at the east end with a rating of 214 G. At Lake Oswego High School, 15 tests were conducted with three rating above 200 G. The highest was 216.5 G in the center of the field at the west end. Based on the test results, the City had no choice but to keep the fields closed. What has happened since July 13? Simultaneous with sending the test results to FieldTurfs attorney, the City requested firm recommendations from FieldTurf as soon as possible for completing additional remedial work so that the fields could be re -opened safely. The City has been waiting since then for FieldTurf to schedule this additional work. Tentatively, we expect FieldTurf to complete remedial work prior to August 9. On August 9 and 10, Northwest Labs again will conduct G -max tests of each field. By the week of August 13 the City should know whether the fields can be reopened safely for the fall sports season. Why can't the City fix the fields, or hire a company other than FieldTurf to fix the fields? There are two reasons why the City needs to rely on FieldTurf for the remedial work to the fields: 1. City staff does not have the technical expertise or equipment necessary to fix the fields; and 2. The City holds several warranties totaling over a million dollars for these fields that could be voided if the City was to attempt such corrective action or hire someone other than FieldTurf to take corrective action. Therefore, the City has no choice but to rely on FieldTurf for corrective action. Why can't the City re -open the fields despite the fact the fields don't meet safety standards? The City has both a moral and legal responsibility to ensure a safe playing environment for its citizens. On all City projects, and in every service we provide, the City always attempts to provide the safest environment for its citizens, whether this be in building streets, leading recreation programs, or, in this case, managing athletic fields. If the City re -opened the fields knowing that the fields don't meet federal safety standards, this agency would not be fulfilling its moral responsibility to the community because it could be placing its citizens (particularly children) in a potentially dangerous situation. The City will not re -open the fields until it can assure the citizens that the fields are safe for use. What is the long-term prognosis for these fields? Based on the fact that FieldTurf has been unable or unwilling to propose a remedy that will bring the fields into compliance with the contract requirements, it is doubtful that the existing fields will ever meet the agreed-upon standards. However, the City will attempt to re -open the fields and keep them open, provided that the fields can be kept well under safety thresholds. At some time in the future, the City will invite discussions with the school district and user groups regarding a replacement schedule. Where does the City go from here? The City has three priorities regarding these fields: 1) Ensure a safe playing surface for the fields' users. 2) Ensure that the community receives full value for its $1.8 million investment. 3) Re -open the fields, and keep them open. All City decisions will be made with the goal of fulfilling these priorities in that order. Artificial Turf Chronology July 7, 2001 - August 2, 2001 (Prepared August 6, 2001) July 7-9, 2001 FieldTurf works on both Lake Oswego High School field and Lakeridge High School field. July 12-13 Northwest Labs conducts G -max tests of both fields July 16 City's attorney (Dick Alexander of Stoel Rives) phones FieldTurf's attorney and to inform FieldTurf that preliminary test results indicate locations at both fields over 200 G. July 17 City receives written report from Northwest Labs July 18 Alexander forwards test results to FieldTurf with request to the City wants "a response from FieldTurf as soon as possible with firm recommendations." July 20, 2001 Response from FieldTurf's attorney indicating that repairs to the fields "should only take 30 minutes to 1 hour to complete..." July 20 Alexander responds to FieldTurf and states: "The City is willing to allow FieldTurf to perform additional remedial work under the terms of my letter of July 6, 2001. Please have representatives of FieldTurf call Mr. DeHass directly to arrange a time and to confirm that he is available to monitor the work on continual basis." July 24, 2001 FieldTurf attorney responds to Alexander demanding a guarantee that the City will not "rip out" the fields if the City is not satisfied with FieldTurf's remedial work. The letter offers no schedule for completing remedial work. July 25, 2001 Alexander responds to FieldTurf by stating, in part, "FieldTurf is authorized to perform the work as specified in my letter of July 20, 2001." J July 26 FieldTurf's attorney responds to Alexander's letter and states, in part, "FieldTurf representatives will begin coordinating their efforts and notify Mr. DeHass of their plans." July 27 Alexander letter to FieldTurf's attorney again stating that "FieldTurf is authorized to proceed with testing and remedial work" on the fields. July 30 Letter from FieldTurf's attorney requesting that, after FieldTurf has completed its remedial work, the city's testing agent (Northwest Labs) provide FieldTurf with G -max ratings "on the spot" so that FieldTurf can remedy those problems while the testing continues. July 31 Alexander letter to FieldTurf's attorney agreeing to FieldTurf's request and again stating "you are authorized to immediately call Mr. DeHass to arrange for the remedial work in accordance with my letter of July 6, 2001." August 1 Letter from FieldTurf's attorney requesting, among other things, that the City confirm that Northwest Labs will test the fields on August 9 and 10. August 2 E-mail from Jordan to Alexander confirming that Northwest Labs will conduct testing of the fields on August 9 and 10. Field Opening Petition We, the undersigned, are requesting the Lake Oswego City Council provide pre -approval to the City Manager to re -open the synthetic fields at Lakeridge and Lake Oswego High School A the fields are tested within the safe range as prescribed by ASTM. Name Phone Number 63 5 ggoS 0% 033 S (675-- S a 3 2 Field Opening petition the Luke Oswego City Coucxil provide: pre -approval to the We, the undersigned, are requestinbW at Lakeridge and L'akeh School it the City Manager to re -open the synthe cfic ri►aed by ASTM.�Wego Hig fu;kis are tested within the safe rang p Namc Phone Number 3 � ,) c co "Z i r �31J c�� 3 �Ap Field Opening Petiti®n nesrinb the Lake Oswego City Courxil provide prc-approval to the K'e, lite undersigned, are rrg ntlictic fies a ldt Lakeridge and Lake Oswego Nigh School if the City Manager to re -open the -s S l A4 fields are tested within the safe range as prcccrq ihed by . Photic Number '� _ • 'iiiiiilllllllllIll Sm ,►Al OAK 0 Field Opening Petition the Lake Oswego City Council provide pre -approval to the We, the undersigned, are n�questing High School it the City Manager to re -open the syntheticfielruscnhed by AS"i"1�4. ds at Lakeridge and Lake Oswego 8 fyt,Ws are tested within the safe range as P phone Number F REOPEN OUR TURF FIELDS R 2. 4 11C.Q t V 73 L `17 k) ,?Cag. o � s W.mjt�wco 9 s03 636-3 i 7 q c iii Field Opening Petition re uestin the Lake Oswego City Council provide pre -approval to the Kee, the undersigned, are 9 thgtic fields at Lakeridge and L� 0sWeg° High School if the City Manager to re -open the syn a �eccrftd by ASTM• Gelds are testcd within the safe rang P i Phone Number >>�� same,72' S % �U 0 Field Opening Petition We, the undersigned, are requesting; the Lake Oswego City Courwil provide pre-approval to the City Manager to re-open the synthetic fields at Lakeridgge and Lake Oswego High School it the fields are tested within the safe range as prescribed by Phone Number Name ouchin1rC - l Field Opening Petition re nesting the Lake Oswego City Council provide pre -approval to the We, the undersigned, are 9 e and Lake Oswego High School if the City Manager to re -open the synthetic fieldsre-scnLhed b dgS•I'A4. Gelds are tested within the safe range as p 0 phone Number of �U ..... L Lip► ' o' �-'� �-- �'7 (-L2 2� 6-iT-96 37 : 67 :: s-ooa 90-`�- Field Opening Petition We, the undersigned, are requesting the Lake Oswego City Courxil provide pre -approval to the City Manager to re -open the synthetic fields at Lakeridge and Lake Oswego Nigh School if the fields are tested within the safe range as prescribed by AS'UNI. Phone Number Name Field Opening Petition requesting the Luke Oswego City Courwil provide pre -approval to the We. the undersigned, are er to re -open the synthetic fbekls at Lakerid9c and Lake Oswego High School if the City ManaS reccrihed by ASTM. ficids are tested within the safe range � P Phono NumbLr Field Opening petition uesting the LAk'd Oswego city Council provide pre -approval to the we, the undersigned, are req synthetic fiends at LWtidgc 2W Lake I O$vAego High School it the City Manager to re -open the range as prmTibed by ASTM. &Ads are wtcd within the safe >0 phone Number Field Opening Petition We, the undersigned, are requesting the Lake Oswego City Council provide pre -approval to the City Manager to re -open the synthetic fields at Lakeridgs and Lake Oswego High School it the fields are tested within the safe range as Prescribed by Phone NumbLr Name 1�35-53L� G Zo - 'k g b3�- r (2`� 02 b �S ag3� _1.3L �� 9 Field Opening Petition the Lake Oswego City Council provide pre -approval to the mv requestingwe8o High School if the We, S at Lakeridge and Lake Os City Ager to re -open the synthetic field TIM - rjelds are testcd within the safe range as prescribed by AS ----------- Phone Number., Name L t-7 -------- A I V q 41k 05LktV Or— g"j-1 -/7401 Z-/ J6 �, O� vo� 0- PVCVk, Z 7- �77 13 r -3q3g )b to 36 cA ,4)n 62-(D 66 dEnty S-6 .3 3 S- -Z20?0 -0�16 Al"- , ago Fidd Opening Petition We, the undersigned, are requesting the Lake Oswego City Cuuix:il provide pre -approval to the City Manager to re -open the synthetic fields at Lakeridg �� Lake Oswego High School if the roads are tested within the safe range as prescribed by Phone Humber Name 14�---- So3 - 636n qY _2 Field Opening Petition -approval to the the Lake Oswego City Council provide pre We. the undersigned, r`'9uestutg os"g' Nigh School it the City Manager to re -open the synthetic fields at bedb y dLake ASTM. rields are tested within the safe range as P�'�n b 11 Phone htumbLr Field Opening Petition We, the undersigned, are requesting tth�� AOLawlcee dg Ly Coutwil provide and Lake Oswego High pSchool it the l to the City Manager to re -open the syn AS"TM. fields are tested within the safe range as prescnhed by Phone Number Tame W t.r c _ =r�tq P I NEIALLEI' DU 1 LDERS INC F=�ii h40. : 5©3636 03, mai 04: 19PM (�P/i/ L!7_U1 t Field Opening Petition We, the undersigned, are ex}uGe ing the Lake Oswego City Council provi+ic pre -approval to the City Mauga to re -open the syndwiic. -wk]s at LAmidge ane] Take Oswego High %ChoIi the fcIds are tes,.cd within the safe ruga as prest:riW by ASTM. r Phone Nwnbcr 16 0 3 - � 5 5 - �q � 7 5QZ— �5-5 7 Z -n 612oiG:�z L5'0,� -4- ifs- t o L,3 CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001 SUBJECT: Discussion on formation of a joint task force with the Lake Oswego School District for a library facility RECOMMENDED MOTION: Approve concept of task force. ESTIMATED FISCAL ATTACHMENTS: IMPACT: • Schmitz memo of 3 August, 2001 STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: 'l DEPARTMENT DIRECTOR CITY,. - N -AGER signoff/date signoffidat 1.1.5 llocwne3nt3 CITY MANAGER'S OFFICE TO: Judie Hammerstad, Mayor Members of the City Council FROM: Douglas J. Schmitz, City Manager SUBJECT: Joint Library Study Task Force DATE: 3 August 2001 MEMORANDUM Several discussions have been held with the Superintendent of Schools regarding the formation of a library study task force to consider the operational issues 1a joint facility were to proceed. As he and I have discussed, the task force would be comprised of a large cross- section of community members, 12 selected by the School Board and 12 selected by the City Council. The chair of the task force would be a joint selection by the Board and Council. If the Council and School Board agree with the formation of a task force, a mission statement would be prepared, outlining the scope of the task force's responsibilities and effort. The overriding charge to the task force would be to determine fit is feasible to establish and operate a joint facility and, if yes, how it would be managed and operated. Among the issues that would be discussed are: 1. Scope of services, uses and programs 2. Responsibility for the collection 3. Hours of operation 4. Staffing and staffing levels 5. Labor issues 6. Management and supervision 7. Responsibility for maintenance of equipment These are just some of the items that the task force would address. 11i MEMORANDUM: Joint Library Study Task Force Page 2 3 August 2001 The issue before the Council on the evening of 7 August is whether it wishes to pursue a joint task force with the Lake Oswego School District comprised of 25 members: 12 selected by the School Board; 12 selected by the City Council; with the Chair being selected by the Board and City Council. The School Board is to discuss this proposal on 14 August. If the Council wishes to proceed, I will work with the Superintendent on a schedule for the recruitment of individuals, selection by the Board and Council, and the initiation of the task force's efforts. Primary staff to the task force would be the Superintendent and me, as well as other appropriate staff members that we deem necessary to accomplish the work of the task force. CITY MANAGER'S OFFICE 8 August 2001 William Korach, Ph D Superintendent of Schools Lake Oswego School District PO Box 70 Lake Oswego OR 97034 Dear Bill, At the City Council meeting of 7 August, the Council voted unanimously to proceed with the Lake Oswego School District on the appointment of a library task force. The Council concurred with the recommendation to have 12 Council - appointed members, 12 School Board -appointed members, and the appointment of a Chair by the Council and School Board. Very truly yours, Douas J. Schmitz CitytManager DJS/ sms 380 "A" Avenue • Post Office Box 369 • Lake Oswego, Oregon 97034 • (.503) 635-0215 • FAX (503) 697-6594 CITY OF LAKE OSWEGO 8.1 AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001 SUBJECT: Planning Commission recommendation of denial for an amendment to the Lake Oswego Comprehensive Plan and Zoning Maps to change the designation from R-7.5 (low density residential) to R-5 (medium density residential) on a 1.0 acre site located southwest of the intersection of South Shore Boulevard and Patton Street (LU 01-0004) This item was continued from July 17, 2001. continue this hearing to September 18, 2001, RECOMMENDED MOTION: A request has been made by Peggy Heath to Move to continue the public hearing on LU 01-0004 to September 18, 2001 ESTIMATED FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: DEPARTMENT DIRECTOR ATTACHMENTS: . none NOTICED (Date): June 29, 2001 Ordinance no.: Resolution no.: Previous Council consideration: CITY MA GER signoff/date signoff/date \\FINANCE\DATA\INFOSVC\AGI�NI)AS\COUNCIL\2001\E Report8\080701\8.1 Sedoruk.dov CITY OF LAKE OSWEGO 8.2 AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001 SUBJECT: Special Street Setbacks (Ord. 2302/LU 99-0020) RECOMMENDED MOTION: Move to continue the public hearing on LU 99-0020 to October 16, 2001 ESTIMATED FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: Al 1 AUMMtN 1 5: • none NOTICED (Date): July 26, 2001 Ordinance no.: Resolution no.: Previous Council consideration: DEPARTMENT DIRECTOR CITY MANAGER signoff/date sig noff/datte�— N:\AGENDAS\C0UNCII.\2001\E Report»\080701\8.2 Setbacks.doc AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001 (continued from June 19, 2001) SUBJECT: Planning Commission Recommendation (LU 01-0009), Amending Ordinance 2148, Which Adopted the City's Sensitive Lands Protection Program RECOMMENDED MOTION: Approve LU 01-0009 as recommended and direct staff to prepare findings and finalize ordinance 2293 for adoption. Council may choose to include additional staff changes. EST. FISCAL IMPACT: Not Applicable STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: ,'DEPT. DIRECTOR Sfgnoff date ATTACHMENTS: Council Report (Heisler) with Attachments: B. Planning Commission Findings C. Planning Commission Minutes D. Planning Commission Staff Report E. Plans/Graphics (None) F. Written Materials G. Letters (None) ASST. CITY MANAGER Signoff/date LU 01-0009 cover memo August 7, 2001 NOTICED (Date): June 7, 2001 Ordinance no.: 2293 Resolution no.: Previous Council consideration: CITY MANAGER �i�no�f/dale To: Doug Schmitz, City Manager CITY OF LAKE OSWEGO COUNCIL REPORT From: Jane Heisler, Community Planning Manager Subject: LU 01-0009, Amending Ordinance 2148, Which Adopted the City's Sensitive Lands Protection Program Date: June 6, 2001 ACTION: The action before the City Council is to consider a recommendation by the Planning Commission to approve LU 01-0009, which would result in Distinctive Natural Area Standards no longer applying to DNA sites that have been inventoried and evaluated and did not receive a sufficient ranking to qualify for Sensitive Lands Overlay designation. The City Council would also direct staff to prepare findings and finalize Ordinance 2293 for adoption. BACKGROUND AND DISCUSSION: On April 23, 2001, the Planning Commission held a public hearing on LU 01-0009 at which it recommended approval. The Planning Commission Staff Report (Exhibit D) discusses the request. The findings, conclusions and order found in Exhibit B outline the Commission's decision. There was no public testimony at the hearing nor was there any written testimony. The minutes of the April 23, 2001 Planning Commission meeting are found in Exhibit C. When the City adopted Ordinance 2148, it provided for a phase-in period for the new Sensitive Lands regulations. At the time of ordinance adoption, the City's existing Goal 5 protection program identified and required development review for the City's existing Goal 5 protection areas, which were known as Distinctive Natural Areas. The City did not want to create a gap in natural resource protection during the transition from the City's DNA list and protections provided to DNA resources in several City Development Standards, to sites regulated by the new zoning standards for Sensitive Lands. Ordinance 2148, Section 5, therefore, required the "old" DNA regulations to continue to apply to developments within the City on all DNA -qualified Page 1 of 4 003 LU 01-0009, Amendment of Sensitive Lands Protection Process lands not designated RP or RC until every DNA -qualified property had been reviewed for designation pursuant to the new Sensitive Lands regulations. Unfortunately, the consideration of all Sensitive Lands contested sites has proceeded more slowly than originally anticipated, recently due to Measure 7 concerns. The City began reviewing contested sites in 1998 and will continue on until the list is exhausted. It could be several more years, however, until this task is completed. Currently Staff has identified five properties that the City has reviewed through the Sensitive Lands ESEE analysis as part of the process for designation with a Sensitive Lands Overlay which have received a Habitat Assessment Score (HAS) of less than the minimum required according to LOC 48.17.020. Given the way that Section 5 of Ordinance 2148 is currently written, owners of these properties can not propose development without complying with the DNA standards since the consideration of all potentially eligible properties has not yet been made. In effect, parcels, which do not qualify for Sensitive Lands designation, are being restricted from development until development restrictions are placed on other lands. The proposed amendments to Ordinance 2148 would provide that if a parcel has been evaluated pursuant to the Lake Oswego Sensitive Lands ESEE Analysis Methodology and did not receive a sufficient ranking to qualify for Sensitive Lands resource designation, then the DNA standards shall no longer apply to the parcel. Additional background information may be found in Exhibit D, the Planning Commission Staff Report. Staff would like to correct one piece of information in the Planning Commission staff report pertaining to compliance with Metro's Functional Plan Title 3. In the staff report, it was indicated that Metro has determined that the City is in "substantial compliance" with Title 3. Rather, this should indicate that the City is in substantial compliance with Title 3, with the exception of compliance with requirements for balanced cut and fill in the floodplain, inclusion of the area of inundation for the February 1996 flood on the City's floodplain maps, adoption of a water quality map and disallowing the storage of hazardous materials within the floodplain. While none of the five Distinctive Natural Area sites (Exhibit F-5) that have been inventoried and evaluated according to the Sensitive Lands Overlay criteria, are located on the Metro Water Quality Map, or are located within the floodplain, four of the sites on the original DNA list are noted on the Metro Water Quality Map (Exhibit F-6). While no city parcels are currently protected under Metro's Title 3 Water Quality standards, if the City inventoried these sites under the Sensitive Lands Overlay criteria and they did not warrant protection, under the proposed changes, they would not be protected at all. Under the City's current Goal 5 protection program, these sites are at least protected to a degree. At such time as the City completes its inventory and adoption of water quality sites, then these sites would be protected under those standards. Therefore, staff as developed some optional text that the Council may want to consider, to the Planning Commission's recommendation of Ordinance 2293 as follows: Section 5(3): (Planning Commission recommended changes in bold/underline and s et#reogh. Additional Staff recommended changes in bold/ nc and double Page 2 of 4 004 LU 01-0009, Amendment of Sensitive Lands Protection Process % �I The City's current acknowledged Goal 5 protection program amendccl by this ordinance shall continue to apply to development within the City on al} those lands which either have not been evaluated pursuant to the Lake Oswego ESEE Analysis Methe'delegy I(LOC 48.17.020(3))] or, if evaluated pursuant to the Lake Oswego ESEE Analysis Methodology, received a sufficient ranking or otherwise qualify for application of •u1 RP or RC Overlay District FLOC 48.17.020(4), (5)1 In such event, the City's current acknowledged Goal 5 protection program shall continue to apply to development upon the parcel not designated RP or RC until every property determined to be eligible for designation as RP or RC pursuant to the April 4, 1997, Lake Oswego Resource Areas Report & ESEE Analysis has been reviewed for designation pursuant to LOC 48.17.020 and a designation/non-designation decision has been made. If the parcel has been evaluated pursuant to the Cake Oswego ESEE Analvsis Metkedelegy-and not received either a sufficient ranking or otherwise qualify for application of an RP or RC Overlay District upon the parcel, then the current acknowledeed Goal 5 protection program shall no longer apply to the parcel Exception: Any parcel that appears on the Metro Water Quality and Flood Management Areas map as 'Title 3 Protected Stream or Stream Corridor Title 3 Wetland or Wetland Buffer Title 3 Slone Stream Buffer or Tale 3 Steep Slone Wetland Buffer, may not be removed from protection by the City's current Goal 5 protection program until such time as the *t3- of Lake Oswego adopts implementing ordinances to adopt all or part of the Title 3 Model Ordinance or code age that substantially complies with the performance standards in t re Metro Title 3, Section 3 07 340 and adopts either the Metro Water Quality and F14od panagemut Area Map or a may which substantially complies with the Metro min At the conclusion of this review process, the City Council shall declare as part of the final Order that concludes review that the Goal 5 Transition Program enacted as pursuant to Ordinance 2148 Section 5 is complete. Upon the effective date of this order, the City's current Goal 5 program amended by this Ordinance shall be abolished and shall be replaced by the program enacted herein. 1 . Propertv which has not been evaluated may request an evaluation or property may be re-evaluated. If the results of the evaluation show that it is not significant, then it would Qualify to be removed from Goal 5 protection the same as if it had been oriLinally evaluated jib the exception cited above 2_. By use of the term "current Goal 5 protection program" it is intended to mean as that program existed at the time of adoption of Ord 2188 in 1997, not as Page 3of4 005- I 1101-0009, Amendment of Sensitive Lands Protection Process the proLram now exists in 2001. This is an amendment to an ordinance and the languatle should be inter rn eted as if adopted originally. CONCLUSION: LU 01-0009 as amended, complies with all applicable Statewide Planning Goals or Administrative rules adopted pursuant to ORS Chapter 197, all applicable provisions of the Lake Oswego Comprehensive Plan and the Metro Urban Growth Functional Plan. RECOMMENDATION The Planning Commission recommends approval of LU 01-0009. Staff has suggested additional text that would extend the current Goal 5 protection program to DNA sites that may be inventoried in the future, may not score high enough to receive protection under the Sensitive Lands Overlay criteria and are also included on Metro's Water Quality Map. EXHIBITS: A. Notice of Appeal (None) B. Findings, Conclusions and Order LU 0l -0009-1416 C. Minutes of the April 23, 2001 Planning Commission Meeting D. Staff Report — Planning Commission dated April 13, 2001 E. Plans/Graphics (None) F. Written Materials 1. Proposed Amendments to Ordinance 2148 2. Ordinance 2148 3. Draft Ordinance Language 4. Ordinance 2293 5. Table of Distinctive Natural Areas Inventoried inventoried per Sensitive Lands Overlay criteria 6. Table of Distinctive Natural Areas protected by Ordinance 2148 until inventory per Sensitive Lands Overlay criteria G. Letters 1. Neither For nor Against (None) 2. In Favor (None) 3. Opposed (None) P/jane_h/case files/2001/lu 01-0009 — sensitive lands,;council report.doe 406 Page 4 of 4 LU 01-0009, Amendment of Sensitive Lands Protection Process 9.1 nA/n7ini AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001 SUBJECT: ORDINANCE No. 2300. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING THE LAKE OSWEGO COMPREHENSIVE PLAN MAP TO INCLUDE .5 ACRES LOCATED ON THE NORTH SIDE OF BOONES FERRY ROAD BETWEEN JEAN WAY AND 63RD AVENUE WITHIN THE URBAN SERVICES BOUNDARY, TO DESIGNATE TAX LOT 100 OF TAX MAP 21E18BC AS GENERAL COMMERCIAL (GC) AND THE RAILROAD RIGHT-OF-WAY (21E18 INDEX, TAX LOT 300) AS INDUSTRIAL PARK (IP) AND ADOPTING FINDINGS (LU 01-0010) RECOMMENDED MOTION: Move to adopt Ordinance No. 2300. An Ordinance of the City Council of the City of Lake Oswego amending the Lake Oswego Comprehensive Plan Map to include .5 acres located on the north side of Boones Ferry Road between Jean Way and 63�d Avenue within the Urban Services Boundary, to designate Tax Lot 100 of Tax Map 21E18BC as General Commercial (GC) and the railroad right-of-way (21E18 Index, Tax Lot 300) as Industrial Park (IP) and adopting Findings (LU 01-0010) EST. FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: ATTACHMENTS: • Exhibit A Findings and Conclusions No. LU 01- 0010-1428, • Exhibit B - Map CITY ATTORNEY ASST. CITY MANAGER Signoff/date J l `-�'i M:\0rd\RptCov01.doc Signoff/date_ _. NOTICED (Date): Julv 26. 2001 Ordinance no.: 2:300 Resolution no.: N/A Findings no.: 1,UOI-()()10-1428 Previous Council consideration: CITY MA AGER Signoff/date 2 -_ 7 117 ORDINANCE NO. 2300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING THE LAKE OSWEGO COMPREHENSIVE PLAN MAP TO INCLUDE .5 ACRES LOCATED ON THE NORTH SIDE OF BOONES FERRY ROAD BETWEEN ,JEAN WAY AND 63RD AVENUE WITHIN THE URBAN SERVICES BOUNDARY, TO DESIGNATE TAX LOT 100 OF TAX MAP 21E18BC AS GENERAL COMMERCIAL (GC) AND THE RAILROAD RIGHT-OF-WAY (21E18 INDEX, TAX LOT 300) AS INDUSTRIAL PARK (IP) AND ADOPTING FINDINGS (LU 01-0010) WHEREAS, a notice of the public hearing for consideration of this ordinance was duly given in the manner required by law; and WHEREAS, a public hearing was held before the Lake Oswego City Council on July 17, 2001, to review the Planning Commission's recommendation to approve application LU 01-0010 to include the subject properties within the Urban Services Boundary and to apply a Comprehensive Map Designation of Industrial (IP) to 21E18 Index, Tax Lot 300 (railroad right- of-way) and a Comprehensive Plan Map designation of General Commercial (GC) to 21E18BC, Tax lot 100; The City of Lake Oswego ordains as follows: Section 1. The City Council hereby adopts the Findings and Conclusions, No. LU -01-0010-1428 attached as Exhibit "A". Section 2. The Lake Oswego Comprehensive Plan Map is hereby amended to designate the property at 21E18 Index, Tax Lot 300 as Industrial Park (IP) and the property located at 21E18BC, Tax Lot 100 as General Commercial (GC), and to include the properties within the city's urban services boundary, as shown on Exhibit `B". Read by title only and enacted at the regular meeting of the City Council of the City of Lake Oswego held on the day of , 2001. AYES: NOES: ABSTAIN: EXCUSED: Judie Hammerstad, Mayor Ordinance No. 2300 Page I of 2 `� i Dated: ATTEST: Robyn Christie, City Recorder APPROVED AS TO David D. Powell City Attorney M: \Ord\2300-BoonesFerry&Jean W ayUS B.doc Ordinance No. 2300 Page 2 of 2 I" I BEFORE THE CITY COUNCIL 2 OF THE CITY OF LAKE OSWEGO 3 4 A REQUEST TO AMEND THE CITY OF LAKE OSWEGO COMPREHENSIVE ) LU 01-0010-1428 5 PLAN MAP TO INCLUDE PROPERTIES ) (City of Lake Oswego) LOCATED AT BOONES FERRY ROAD AND ) 6 JEAN WAY WITHIN THE URBAN SERVICES ) FINDINGS AND CONCLUSIONS 7 BOUNDARY AND TO APPLY ) COMPREHENSIVE PLAN DESIGNATIONS ) 8 [ORDINANCE No. 23001 ) 9 NATURE OF PROCEEDING 10 11 This matter came before the City Council pursuant to a recommendation by the Lake 12 Oswego Planning Commission to include an area of approximately .5 acres located on the north 13 side of Boones Ferry Road between Jean Way and 63�d Avenue within the City's Urban Services 14 Boundary and to apply a Comprehensive Plan Map designation of General Commercial District 15 (GC) to Tax Map 2lE8BC, Tax Lot 100 and Industrial Park District (1P) to the railroad right -of - 16 way located at Tax Map 21E18 Index, Tax Lot 300. 17 HEARINGS 18 19 The Planning Commission held a public hearing and considered this application at its 20 meeting of May 30, 2001, The City Council held a public hearing and considered the Planning 21 Commission's recommendation at its meeting of July 17, 2001. 22 CRITERIA AND STANDARDS 23 A. City of Lake Oswego Comprehensive Plan 24 Goal l: Citizen Involvement Policy 1 25 �.S Goal 2: Land Use Planning (Section 1, Land Policy 24 26 1 - FINDINGS AND CONCLUSIONS (LU 01-0010-1428) Page [Cityof Lake Oswego, LU 01-00211 E X H 18 I T David O. Powe Coy AoormY • Clry of Ub Osw Oo A.. 280 "A' Aronw • P.O. /o■ 366, Luo 09wuo. 91034 �� 16011436-03!6 FAX (5031090-'453 OA I Use Policies & Regulations) 2 Goal 14: Urbanization Policies 10, 13 (a) and 17 (f -h) 3 B. Metro Urban Growth Functional Plan 4 Title 1: Accommodation of Growth Title 6: Regional Accessibility 5 6 C. Statewide Planning Goals 7 Goal 1: Citizen Involvement Goal 2: Land Use Planning 8 Goal 14: Urbanization 9 FINDINGS AND REASONS 10 The City Council incorporates the staff Council Report, dated July 3, 2001, on LU 01- 11 0010-1428 (with all exhibits attached thereto) and the May 16, 2001 staff report (with all exhibits 12 13 attached thereto) together with the minutes of the Planning Commission meeting of May 30, 14 2001, the record of the proceedings before the City Council, and the entire record of the 15 proceedings herein, as support for its decision. 16 CONCLUSION 17 The City Council concludes that LU 01-0010-1428 complies with all applicable criteria 18 and is consistent with applicable Lake Oswego Comprehensive Plan Policies and statewide 19 20 planning goals. 21 22] 2 3 24 25 26 Page 2 -FINDINGS AND CONCLUSIONS (LU 01-0010-14'28) [City of Lake Oswego, LU 01-0021] CNy AUOtMy • Coy of Labs 06 "90 360 •A• Avenue - ►.O33. Go. 336, Labs 09 -go, Oregon 6)07 1311 i �1 (bo 7) 04774 FAX (0071 6607467 ) 1 TV aOW Lu 01-0010 MAP 2 IE 18ea COMPREHENSIVE PLAN NOT CONSTUCTED STREET MAP AMENDMENTS 3 02 EXISTING CITY USB 7- ASZESSEL) BY 04PTI)FREVENUE 0 > w lid 41 (D RR R-O-WTL 100, COUNn COUNTY INDUSTRIAL TO INDUSTRIAL TO CITY CITY INDUSTRIAL PARK 2- GENERAL COMMERCIAL 1400 AREA TO BE 1300 INCLUDED IN USB 110 0 $ 1700 1201 CD 51 E X co. F?n NO. 114 #E 9 2 aun+ AGENDA REPORT SUMMARY MEETING DATE: August 7, 2001. SUBJECT: ORDINANCE No. 2301. AN ORDINANCE OF THE CITY OF LAKE OSWEGO CHANGING THE METHOD OF MEASURING HEIGHT OF RESIDENTIAL SINGLE FAMILY BUILDINGS IN LAKE GROVE AND FIRST ADDITION NEIGHBORHOODS; AMENDING THE LAKE OSWEGO CITY ZONING CODE BY ADDING NEW SECTION 48.07 (FIRST ADDITION AND LAKE GROVE BUILDING HEIGHT AND ROOF PITCH OVERLAY) (LU 01-0021) RECOMMENDED MOTION: Move to adopt Ordinance No. 2301, An Ordinance of the City of Lake Oswego changing the method of measuring height of residential single family buildings in Lake Grove and First Addition Neighborhoods; amending the Lake Oswego City Zoning Code by adding new Section 48.07 (First Addition and Lake Grove Building Height and Roof Pitch Overlay) (LU 01-0021). EST. FISCAL IMPACT: STAFF COST: S . BUDGETED: Y __ N _ FUNDING SOURCE: CITY ATTORNEY Signoff/date b -I - V M:\0rd\RptCov01.doc ATTACHMENTS: • Exhibit A — Findings and Conclusions No. LU 01- 0021-1429, • Exhibit B - Table 48-7 • Exhibit C —Table 48-8 ASST. CITY MANAGER Signoff/date NOTICED jJuly 26, 2001 1 Ordinance no.: 2301 Resolution no.: N/A Findings no.: 1.0 01-0021-1429 Previous Council consideration: CITY MANAGER Signoff/date .13, 1 ORDINANCE No. 2301 AN ORDINANCE OF THE CITY OF LAKE OSWEGO CHANGING THE METHOD OF MEASURING HEIGHT OF RESIDENTIAL SINGLE FAMILY BUILDINGS IN LAKE GROVE AND FIRST ADDITION NEIGHBORHOODS; AMENDING THE LAKE OSWEGO CITY ZONING CODE BY ADDING NEW SECTION 48.07 (FIRST ADDITION AND LAKE GROVE BUILDING HEIGHT AND ROOF PITCH OVERLAY) (LU 01-0021) Whereas a public hearing was held before the Lake Oswego City Council on July 17, 2001, to review the Planning Commission recommendation to amend the Zoning Code to change the method of measuring building height and to require a minimum roof pitch in portions of the First Addition and Lake Grove Neighborhoods through the application of a zoning overlay. The City of Lake Oswego ordains as follows: Section 1. The City Council hereby adopts the Findings and Conclusions attached as Exhibit "A" (LU 01-0021-1429). Section 2. The Lake Oswego City Code is hereby amended to add Article 48.07 as follows: 148.07 First Addition and Lake Grove Building Height and Roof Pitch Overlay. 48.07.010 Height of Structure. 1. This zoning overlay requirement shall be applicable to single family structures and zero lot line dwellings in residential zones located in the First Addition Neighborhood and the Lake Grove Neighborhood as shown in LOC TABLES 48-7 and 48-8. 2. Notwithstanding LOC 48.02.015, Height of Building definition, the method for determining the height of buildings shall be as follows: a. On Flat Lots: The vertical distance from any ground surface at the exterior wall of the building to the highest point of the roof. b. On Sloped Lots: The vertical distance from any ground surface at the exterior wall of the building prior to construction of any structure which artificially elevates the ground surface, to the highest point of the roof. 48.07.015 Minimum Roof Pitch Required in first Addition and Lake Grove Neighborhoods. 1. This zoning overlay requirement shall be applicable to single family structures and zero lot line dwellings in residential zones located in the First Addition and Lake Grove Neighborhoods as shown in LOC TABLES 48-7 and 48-8. 2. The minimum roof pitch for primary roof forms of a single family or zero lot line dwelling shall be 6:12. Shed type and flat roofs are not permitted as primary roof forms on Ordinance No, 2301 Page 1 of 2 13�+ single family and zero lot line dwellings. Secondary roof forms, such as sunrooms, balconies, dormers, porticos, or bays may be flat or shed roof types (See TABLE 48-3)." Section 3. The Lake Oswego City Code is hereby amended to add Tables 48-7 (Take Grove Zoning) and 48-8 (First Addition Zoning), as shown on attached Exhibits `B" and "C." Section 4. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Read by title and enacted at the regular meeting of the City Council of the City of Lake Oswego held on day of , 2001. AYES: NOES: ABSENT: ABSTAIN: Judie Hammerstad, Mayor Dated: ATTEST: Robyn Christie, City Recorder APPROVED AS TO FORM: David D. Powell, City Attorney M A0rd\230I-BldgHeight-RootPitch.doc Ordinance No. 2301 Page 2 of 2 14(► rw 1 BEFORE THE CITY COUNCIL 2 OF THE CITY OF LAKE OSWEGO 3 4 A REQUEST FOR A ZONING TEXT ) LU 01-0021-1429 AMENDMENT CHANGING THE ) (City of Lake Oswego) 5 METHOD OF MEASURING HEIGHT ) AND ESTABLISHING A MINIMUM ROOF ) FINDINGS AND CONCLUSIONS 6 ROOF PITCH IN THE FIRST ADDITION ) 7 AND LAKE GROVE NEIGHBORHOODS ) (ORDINANCE No. 2301) ) 8 NATURE OF PROCEEDING 9 10 This matter came before the City Council pursuant to a recommendation by the Lake it Oswego Planning Commission to amend the text of the Lake Oswego Zoning Code by adding a 12 new Article 48.07 (First Addition and Lake Grove Building Height and Roof Pitch Overlay) to 13 establish a zoning overlay changing the method of measuring building height and requiring a 14 minimum roof pitch in the First Addition and Lake Grove Neighborhoods. 15 HEARINGS 16 The Planning Commission held a public hearing and considered this application at its 17 18 meeting of May 30, 2001. The City Council held a public hearing and considered the Planning 19 Commission's recommendation at its meeting of July 17, 2001. 20 CRITERIA AND STANDARDS 21 A. City of Lake Osweao Development Code 22 LOC 49.60.150 Criteria for a Legislative Decision: 23 A legislative decision is generally a policy decision that is up to the discretion of the City Council, but shall: 24 1. Comply with any applicable state law; 2. Comply with any applicable Statewide Planning Goal or Administrative Rule 2 5 adopted pursuant to ORS Chapter 197; 26 Page 1 - FINDINGS AND CONCLUSIONS (LU 01-0021-1429) [City of Lake Oswego, LU 01-0021-14241 EXHIBIT David o no.,.n Citi, Anorn.7 - City o1 l.ke O.w.po SS W Meow • n O eo. SSS. Lake O.wpo. OF.pon 97014 �A- fS03, U5�0225 FAX 4 S 31 $99-7453 Oft 1 3. In the case of a legislative amendment to the Zoning Code, Development Code or Development Standards, comply with any applicable provisions of the Lake 2 Oswego Comprehensive Plan. 3 13. Applicable Statewide Planning Goals 4 Goal ] Citizen Involvement 5 Goal 2 Land Use Planning 6 C:. Applicable Administrative Rules adopted pursuant to ORS Chapter 197 or 7 Regional Planning Requirements g OAR 660-12 Transportation Planning Rule 9 D. Applicable City of Lake Oswego Comprehensive Policies 10 Goal 1: Citizen Involvement Policy 1 11 Goal 2: Land Use Planning 12 Section 1: Land Use Policies and Regulations, Policy 4)b)c) and 18 Section 2: Community Design and Aesthetics, Policy 1)a) 13 Special District Plans, First Addition Neighborhood Plan, Housing, Land Use and Neighborhood Character Goal, Policy 4 14 Special District Plans, Lake Grove Neighborhood Plan, 15 Goal 10: Housing/Residential Land Use, Policies 3 and 6)a) 16 FINDINGS AND REASONS 17 18 The City Council incorporates the staff Council Report, dated July 3, 2001, for LU 01- 19 0021 (with all exhibits) and the May 15, 2001 staff report (with all exhibits) as support for its 20 decision, together with the minutes of the Planning Commission meeting of May 30, 2001, the 21 entire record of the proceedings before the Planning Commission and the entire record of the 22 proceedings before the City Council, supplemented by the further findings and conclusions set 23 forth herein. In the event of any inconsistency between the supplementary matter herein and the 24 25 incorporated matters, the matter herein • controls. To the extent they are consistent with the ►, Page 2 - FINDINGS AND CONCLUSIONS (LU 01-0021-1429) (City of Lake Oswego, LU 01-0021-14241 Davie 0. row.0 City Attorney • City of Lake Oswego 390 W Avwrw • P.O. sox 515, Lyle Oswego. Oregon 57054 45071 63&ell5 PAX (loll) /011•74/5 1 4 2 1 approval granted herein, the City Council adopts by reference its oral deliberations on this 2 matter. 3 The City Council has created a task force with the charge of producing recommendations 4 addressing the growing problem of incompatible, oversized homes being developed as infill in 5 established neighborhoods, as well as addressing other issues related to infill. From the 6 7 testimonv in the record, the Council finds that incompatibility of oversized homes is a particular 8 probletli in the Lake Grove and First Addition neighborhoods, making it desirable to adopt 9 interim code changes limiting the height of new residential development in those areas. Upon 10 completion of the work of the task force, these interim code changes can be reviewed for 11 possible amendment. 12 The City Code allows building heights of up to 28 feet in the R-6 and R-7 zones, and up 13 14 to 30 feet in the R-10 zone.' For pitched or hipped roofs, building height is currently measured 15 to the "average height of the gable."Z This method of measurement allows actual building height 16 to significantly exceed 28 or 30 feet. Adopting the proposed overlay for First Addition and Lake 17 Grove neighborhoods requiring that building height be measured "to the highest point of the 18 roof' would reduce the opportunity to build incompatible structures that are significantly larger 19 than existing development, and would help to preserve neighborhood character. 20 Concerns have been raised that a more restrictive height limitation could provide 21 22 developers with incentive to use flat roofs in order to maximize the volume of the structure. The 23 24 25 ) LOC 48.05.035; 48.06.220; 26 'LOC 48.02.015 - Definition of "Height of Building." Page 3 - FINDINGS AND CONCLUSIONS (LU 01-0021-1429) [City of Lake Oswego, LU 01-0021-14241 O."00. P-11 City An. m y - Coy of Lake Oswego 160 'A' Awn" - P.O. Box 366, Uke 08"90. Oregon 61034 4 1J (603) 636-0226 FAX (601) 990-7463 1 proposed overlay requirement of a minimum roof pitch of 6:12 for primary roof forms eliminates 2 this concern and further promotes compatibility with existing development.3 3 The proposed overlay requirements are consistent with Policy 4(b) of Section 1 of Goal 2 4 of the Comprehensive Plan, which mandates that the city "require" land use regulations that 5 "promote compatibility between development and existing and desired neighborhood character." 6 7 Policy 4 of the Housing, Land Use and Neighborhood Character Goal of the First 8 Addition Neighborhood Plan states: 9 4. Protect the character of the neighborhood by encouraging new residences and residential alterations to be compatible with the building size and 10 proportion of existing dwellings. 11 Similarly, Policies 3 and 6 of the Lake Grove Neighborhood Plan state: 12 3. Allow new development on new and existing residential lots within the i3 Lake Grove Neighborhood subject to specific design and development standards which ensure' compatibility of resulting development with 14 neighborhood design character. --5 6. Ensure all new residential development, including secondary dwellings LL and homes being substantially remodeled, contributes to the positive design character and qualities of Lake Grove's existing residential 17 neighborhoods. This shall be accomplished through the application of 18 design compatibility standards, which include: 19 a. Height, bulk and lot coverage standards to ensure new residential development does not conflict with the 20 predominant scale and design characteristics of the neighborhood. 21. 22 The proposed overlay requirements are also consistent with, and promote the 23 objectives of, these neighborhood plan polices. 24 25 -The proposed roof pitch requirements already apply to those properties within First Addition Neighborhood that are zoned R-6. LOC 48.05.045(1). 26 Page 4 - FINDINGS AND CONCLUSIONS (LU 01-0021-1429) [City of Lake Oswego, LU 01-0021-14241 D-10. ►awn CftAU.I y.oRyo,L.►. 14 4 190 •A' Avon • P.O. S0R Utp 1, LA10 Oww90. O00 9701 10011 {11-0110 FAX 15011061.7111 1 CONCLUSION 2 The City Council concludes that LU 01-0021-1429 complies with all applicable criteria 3 and is consistent with applicable Lake Oswego Comprehensive Plan Policies, including without 4 limitation the policies of the First Addition Neighborhood and Lake Grove Neighborhood 5 Special District Plans, as well as the statewide planning goals. 6 7 8 M:\Findings1LU01-1429-B1dgHeiht-RoofPitch.doc 9 10 12 14 18 .9 20 21 23 24 25 26 Page 5 - FINDINGS AND CONCLUSIONS ("LU 01-0021-1429) !City of Lake Oswego, LU 01-0021-1424] David D. 00vw11 G!! Ap01My • C" 01 Lake 08"00 700'A' Av� -P.O. Sam 700. L10e 00"90. On00n 07074 (41"6311-02211 FAX (5031090-7463 am! is EXHIBIT Z X4fr'j %-A\ TABLE 48-8 @ (LOC 48.07.010-015)t 4O JjCily m� i R-1® HOnP fj r r✓ � fly" - - - - - _- _ _ — ;�` 1 k EX BIT FIRST ADDITION ZONING BAl � --- ,ow �._.i ' � ern v,