Approved Minutes - 2001-08-07 PM of LAKE
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�► CITY COUNCIL MEETING MINUTES
_ August 7, 2001
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Mayor Judie Hammerstad called the regular City Council meeting to order at 6:03 p.m. on
August 7, 2001, in the City Council Chambers.
Present: Mayor Hammerstad, Councilors Schoen, Turchi, Graham, McPeak and Rohde.
Councilor Hoffman was excused.
Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, City
Recorder; Chris Jordan, Assistant City Manager; Sidaro Sin, Associate Planner
3. UPDATE ON COUNCIL GOALS
Councilor McPeak reviewed the update of Council Goals (pages 3 — 5, Council packet).
4. CONSENT AGENDA
Councilor Schoen reviewed the consent agenda for the audience.
Councilor Rohde moved approval of the consent agenda with the corrections to the
minutes. Councilor Graham seconded the motion. A voice vote was taken and the motion
passed with Mayor Hammerstad, Councilors Schoen, Turchi, Graham, McPeak and Rohde
voting in favor. 16-01
4.1 COUNCIL BUSINESS
4.1.1 Resignation of Martin L. Jacobs from the Library Advisory Board.
ACTION: Accept resignation with regret.
4.2 REPORTS
4.2.1 Bid Award for Clackamas River Intake Fish Screen Modification (WO 1144)
ACTION: 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 Bonita Road
ACTION: 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 standards for fire and
emergency services
ACTION: Adopt Resolution 01-53
4.3.2 Resolution 01-59, Intergovernmental Agreement with Clackamas County for
microfilming services.
ACTION: Adopt Resolution 01-59
City Council Minutes Page 1 of 12
August 7, 2001
4.3.3 Resolution 01-63, declaring intent of the City Council to vacate portions of Tenth
Street between Evergreen Road and Berwick Road
ACTION: Adopt Resolution 01-63
4.4 APPROVAL OF MINUTES
4.4.1 July 3, 2001, special morning meeting
4.4.2 July 3, 2001, regular meeting
4.4.3 July 9, 2001, information session
4.4.4 July 10, 2001, special meeting
4.4.5 July 17, 2001, morning meeting
4.4.6 July 17, 2001,joint meeting with NRAB
ACTION: Approve minutes as corrected
END CONSENT AGENDA
Mayor Hammerstad announced that the Lake Oswego Indoor Tennis Center received an award
from the U.S. Tennis Association as one of the outstanding public tennis facilities for 2001. She
mentioned the formal presentation in October. She congratulated Annie Miller, Gary Evans and
all those involved with Parks & Recreation and the Tennis Center on applying for the award and
for running a facility deserving of the award.
5. ITEMS REMOVED FROM THE CONSENT AGENDA
There were none.
6. CITIZEN COMMENT
Mayor Hammerstad said that the Council would take public comment on an item that it
removed from the Council agenda at the morning meeting, Ordinance 2148 (Item 8.3). She
explained that the Council removed it in order to have staff notify those property owners whose
properties did not qualify for continuation as designated natural areas.
• George W. Van Ginhoven,455 Iron Mountain Blvd
Mr. Van Ginhoven recalled that at the June 19 meeting, he presented a petition (235 signatures)
to the Council on behalf of the Country Club/North Shore Neighborhood Association requesting
the City to acquire the Lake Garden Court property for restoration as a park or to include is as a
sensitive land.
Mr. Van Ginhoven described the association's plan to gather pledges to turn over to the Three
Rivers Conservancy to work with the City in purchasing the property. He indicated that they
should complete the process by September 30 and know how much funding they could get. He
noted that they expected those living adjacent to the pond to carry the burden but they hoped to
get support from the rest of the neighborhood.
Mr. Van Ginhoven confirmed to Councilor Graham that they have already made arrangements
with Three Rivers to accept and collect the pledges as part of acquiring the property in
conjunction with the City. He indicated that the neighbors wanted Three Rivers to own the land
but the Lake Garden Court neighbors would maintain the property per the Conservancy's rules.
Mayor Hammerstad observed that this was a good idea because it allowed a tax deduction from
a non-profit and Three Rivers had an excellent reputation for doing property acquisitions.
Doug Schmitz, City Manager, indicated that Bob Kincaid, Chief of Staff, met with the
neighbors to discuss the matter.
City Council Minutes Page 2 of 12
August 7, 2001
Mayor Hammerstad mentioned the possibility of a local improvement district, which would
include more than those living adjacent to the property. Mr. Van Ginhoven indicated that that
would be a difficult option, given that money was tight for the majority of residents (either senior
citizens or young families).
• Bill Wetmore, 1227 Lakefront Road
Mr. Wetmore referenced the letter he wrote to the Mayor presenting the first request he has
made of the Council in his 41 years of residency in Lake Oswego. He spoke to installing a left
turn lane and a controlled approach to McVey at Lakefront and Erickson in order to manage the
ever-increasing traffic on McVey. He mentioned the Mayor's response letter discussing funding
priorities and safety considerations throughout Lake Oswego. He asked the Council to keep
McVey in mind when discussing the transportation projects in the city.
• Art Reid, 14084 Edenberry Dr
Mr. Reid recalled that three years ago, he asked the Council for a $3 million bond measure for
field improvements. He noted that, as a member of the Team Sports Advisory Council, he had
recommended the installation of artificial fields in order to handle the high use and to cut down
on the maintenance, which the City had been asking TSAC to contribute funds towards paying
for. He said that he has coached youth football for seven years, 90% of the on grass and the last
two years on the artificial fields. He stated that he was convinced that the artificial fields were
the best alternative they had in terms of the combination of maintenance and playability.
Mr. Reid discussed the impact of keeping these fields closed through the fall season: 14 high
school teams would not have a home game field or practice facilities, the 18 Youth Football
teams from Lakeridge and Lake Oswego would have to practice at odd hours wherever they
could find a field, and there would not be room for the many soccer players (kindergarten
through adult). He noted that the City teams had precedence on the City-owned fields, and
similarly the high school teams had precedence on the high school fields. He asked where that
left the other youth sports groups.
Mr. Reid asked the City to work with Field Turf to bring the fields up to minimum federal
standards, to open the fields at that time, and then to continue to work with Field Turf to reach
the contract standard. He argued that the City would not close Kruse Way for a pothole and re-
route traffic indefinitely while it sued the contractor; the City would fix the pothole and open
Kruse Way to traffic as soon as it could.
Mayor Hammerstad indicated that the City was working with Field Turf. She said that it was
the City's hope that Field Turf could repair the fields in a timely manner so that the City could
open them as soon as possible.
Mr. Schmitz reported that Field Turf worked on the Lakeridge field today; they would work on
the Lake Oswego field tomorrow. He said that staff arranged for the Seattle testing company to
test the fields on Thursday and Friday; staff invited Field Turf to follow the tester around so that
Field Turf could do any remedial work immediately.
• Annette Hicks, 1052 Troon Road
Ms. Hicks said that she was a parent of a high school athlete and Co-President of the Lake
Oswego High School Quarterback Club. She acknowledged the legal issues involved in this
situation but held that the process for re-opening the artificial turf fields at the high school has
gone on for longer than it should. She contended that the fields could have been remedied within
days of the initial tests six weeks ago, and asked why Field Turf was not allowed to do so after
the tests were in. She stated their feeling that the City should have classified this issue as an
urgent matter.
Ms. Hicks stated that they shared the City's concern for the safety of their children but alleged
that the grass fields that their children played on now presented even more of a safety issue; they
were harder and had pot holes that made them more dangerous than the synthetic fields. She
City Council Minutes Page 3 of 12
August 7, 2001
asked if the City would test the grass fields with the same test method used for the synthetic
fields.
Ms. Hicks contended that the synthetic grass fields have been safe and have benefited the youth
and sports programs throughout the city. She spoke to doing whatever it took to get the fields
open immediately. She entered into the record several signed petitions of Lake Oswego residents
(140 plus signatures)urging the Council to pre-approve the opening of the fields when the test
results complied with the ASTM standards.
Ms. Hicks clarified to Mayor Hammerstad that by `pre-approved,' she was referring to the
Council not meeting again until September. Mayor Hammerstad clarified that staff could re-
open the fields without Council direction; if the tests came back at 190, staff would open the
fields immediately but if the tests came back at 200, staff would ask for a Council policy
determination at an emergency meeting.
Mr. Schmitz explained that, once the fields met the standards, he made the decision on re-
opening the fields in consultation with the City Attorney, outside legal counsel and Mr. Jordan.
David Powell, City Attorney, mentioned the turf consultant available to City staff if the test
results were equivocal. He confirmed that if the test results were clearly under 200, then staff did
not have to come back to the Council for a decision.
• Gene Mildren, 13 Bernini Court, Team Sports Advisory Council Chair
Mr. Mildren confirmed Mr. Reid's testimony with respect to the use of the fields. He said that
they had over 50 teams using the field, 14 of which were high school sports teams. He reported
TSAC's determination that if the fields could not be opened, the younger kids programs would
be cut. He explained that Lake Oswego already had two main fields offline this year for repairs,
Lake Oswego Junior High and Oak Creek. He indicated that losing the lighted, synthetic fields
was the equivalent of losing two fields at each high school.
Mr. Mildren asked the Council to direct staff to open the fields as soon as they tested under the
ASTM safety factor. He noted that the City's fields consultant was from British Columbia. He
mentioned how long it took to get the Seattle field testing company down here. He pointed out
that the teams started practices on Monday.
Mayor Hammerstad asked if there was a problem in getting the fields consultant in town. Mr.
Powell said that, although he has not checked on the fields consultant's availability, they have
been consulting with him by phone, and would continue to do so if necessary following the tests
by the Seattle independent testing lab on August 9 and 10.
Mr. Powell explained that the City had to be satisfied through experts on field surfaces that the
spot tests on the field did in fact indicate that the field in its entirety was well under 200. He
reiterated that if their information indicated that the fields were safe, the staff would open them;
if it was questionable, staff would talk with the consultant and forward the information to the
Council.
Mr. Powell indicated to Mayor Hammerstad that they should be able to talk with the
consultant by phone on the same day as the tests; the consultant did not have to come to Lake
Oswego.
• Ron Hill, 13247 Sandalwood Court
Mr. Hill argued that the reputation of Lake Oswego was at stake in this matter. He stated that
the best fields that the Youth Football teams played on in Tualatin Valley were the synthetic
fields. He contended that if the City took them offline, then they would present themselves to the
other constituencies in the area as saying that, 'even though we have the best field in the area,
which is far better than yours is, it's not good enough for us or for you.' He reiterated that this
was more than an internal problem; it was also a reputation problem extending beyond Lake
Oswego's borders.
City Council Minutes Page 4 of 12
August 7, 2001
Mr. Hill commented that he saw this as becoming more of a political issue than one dealing with
the safety of the children. He argued that if they truly cared about the safety of the children, then
they would not use the Waluga and Westlake fields for practices. He said that his son broke his
collarbone at Waluga in a scrimmage with Lakeridge before those fields were remediated. He
contended that they would close all the fields if safety were the concern,but instead they let the
children play on fields that were less safe than the synthetic fields.
Mr. Hill said that, while he understood the statement that the City was taking the fields off line
because it was unsafe to play on them, he did not believe it. He spoke to opening the fields up
for practice, as they were superior to anything else they practiced on at any other time of the
year.
Councilor McPeak commented that if this was smart politics, she was amazed because it was an
uncomfortable situation for the Council. She said, speaking for herself, that she had no control
over the fields in other cities; the parents had control over whether to allow their children to play
on those fields.
Councilor McPeak said that she was very concerned in terms of what she wanted for the
children when they were in Lake Oswego. She described the problems with delaying practices
and the season as regrettable but pointed out that the Council never intended to purchase a
product that would cause these problems. She emphasized that the Council's concern was for the
children, as the tests have shown that the fields were a danger to the children.
Councilor McPeak stated that the Council's goal was to work its way through the problem as
best it could and to get the children back on the fields. She pointed out that requiring the safety
levels was the Council's responsibility because it chose the product. She expressed her hope that
the fields would test well this week and resolve the situation.
Councilor Turchi pointed out that the City worked with Youth Sports to obtain the voter
approval for installing the fields in the first place. He asked why would the City not want them
open. He cited his experience as principal and a coach at both high schools in understanding
how important the fields were. He stated that the City has acted responsibly to help protect the
safety of the athletes.
Councilor Turchi suggested that the citizens think about the motivations of the different parties
involved in this situation, and ask why would the City put itself in a position like this if it did not
think that the safety of the children was at stake. He mentioned that, with his opinions about
Field Turf, he would never vote for a contract with this company.
Mayor Hammerstad addressed the argument about the City not testing the dirt fields. She
acknowledged that that was true but pointed out that the dirt fields did not involve a product
safety liability issue. She mentioned that when the City installed the artificial turf, as many in
this room had wanted it to do, the City then had a purchased product with federal safety
standards. She stated that the City was now in the position of having to follow the federal
guidelines and safety standards for a product with a product liability.
Mayor Hammerstad stated that the Council hoped that Field Turf could make it right. She
suggested that the citizens also present petitions to Field Turf because they were the ones who
did not make it right in the first place. She indicated that Field Turf has never met the
specifications. She spoke to the citizens going to Field Turf, if they wanted the fields open and
safe, and telling Field Turf to do it right so that it met the specifications.
Mayor Hammerstad reiterated that the Council hoped to be able to work with Field Turf to get
the fields open as soon as they met the safety standards. Councilor Rohde noted that if the
fields degraded again into an unsafe condition, the City would close them again.
In response to a question from the audience, Mr. Powell explained that the routine maintenance
of the fields was the School District's responsibility but Field Turf was making the effort to
rehabilitate the fields back to safety levels.
City Council Minutes Page 5 of 12
August 7, 2001
7. REPORTS
7.1 Discussion on formation of a joint task force with the Lake Oswego School District for
a library facility
Mayor Hammerstad recalled that the Council directed the Library Advisory Board to address
this issue; the Board presented a report recommending that the City not pursue a joint facility.
She mentioned her remark at the time that that was one perspective. She recalled the School
Superintendent's statement early in the process that all the stakeholders in the city should
participate in a decision on whether to proceed with a shared facility.
Mayor Hammerstad indicated that the School Board would select 12 members and the City
Council would select 12 members for the joint task force. She listed the various issues that the
Task Force needed to address in order to make a judgment on whether this was a workable idea
that would have positive results for the citizens.
Mayor Hammerstad described the location of the library at the new Lake Oswego High School,
which the District designed with separate public access. She pointed out that, with the school
closed for half the year, there was a possible opportunity for the community to use the facility.
She stated that the Council has not made the decision but it did feel that this task force was an
opportunity to look at it, to address the issues and to see how the community could make it a
success.
Mayor Hammerstad opened the floor to public testimony.
• Ben Sostrin, 4435 Exeter Street, West Linn, Library Advisory Board Vice-chair
Mr. Sostrin explained that he spoke for the Board on his first two points but only for himself on
his third point. He said that he would not speak pro or con on the formation of the Task Force.
He asked the Council to consider the following in its charge to the Task Force and in the
formation of the Task Force: 1, that the Council specifically charge the Task Force to address
the findings and issues of the Library Advisory Board's June 4 report, and 2, that the Council
charge the Task Force with a clear objective as to what the Task Force would specifically
evaluate.
Mr. Sostrin clarified that what he meant with his second point was that the Task Force define
what the term `shared use' meant in this community. He observed that it had a wide range of
meanings but has never been defined.
Mayor Hammerstad indicated that the Task Force would receive the Board's report and address
the issues.
Mr. Sostrin informed the Council that he and Colleen Bennett, Library Board Chair, agreed that
the Task Force should have two members from the Library Advisory Board. He indicated that
the Board has not discussed this last point.
Councilor Schoen moved that the Council form a Task Force to discuss issues as outlined in
earlier discussion. Councilor Graham seconded the motion. A voice vote was taken and
the motion passed with Mayor Hammerstad, Councilors Schoen, Turchi, Graham, McPeak
and Rohde voting in favor. [6-0]
8. PUBLIC HEARINGS
8.1 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)
City Council Minutes Page 6 of 12
August 7, 2001
This item was continued from July 17, 2001. A request has been made to continue
this hearing to September 18, 2001.
Mayor Hammerstad indicated that the parties requested a continuation because they thought
that they could work out some of the outstanding issues.
Councilor Rohde moved to continue LU-01-0004 to September 18, 2001. Councilor Schoen
seconded the motion. A voice vote was taken and the motion passed with Mayor
Hammerstad, Councilors Schoen, Turchi, Graham, McPeak and Rohde voting in favor.
[6-0]
8.2 Special Street Setbacks (Ordinance 2302/LU 99-0020)
Mayor Hammerstad said that the Council needed additional information on this ordinance.
Councilor McPeak moved to continue LU 99-0020 to October 16, 2001. Councilor Rohde
seconded the motion. A voice vote was taken and the motion passed with Mayor
Hammerstad, Councilors Schoen, Turchi, Graham, McPeak and Rohde voting in favor.
[6-0]
8.3 Planning Commission recommendation amending Ordinance 2148 which adopted the
City's Sensitive Lands Protection Program (Ord. 2293/LU 01-0009)
This item was continued from June 19, 2001.
Mayor Hammerstad reiterated that the Council was continuing this item to September 4 in
order to notify the property owners and the Lake Garden Court adjacent neighbors.
Councilor Graham moved to continue LU 01-0009 to September 4, 2001. Councilor Schoen
seconded the motion. A voice vote was taken and the motion passed with Mayor
Hammerstad, Councilors Schoen, Turchi, Graham, McPeak and Rohde voting in favor.
[6-0]
9. ORDINANCES AND FINDINGS
9.1 Adoption of findings to amend the City's Urban Service Boundary (USB) to bring
properties along the north side of Boones Ferry Road between Jean 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 (LU 01-0010-1428)
Councilor Rohde moved to enact Ordinance 2300 and to adopt the findings. Councilor
Schoen seconded the motion. A voice vote was taken and the motion passed with Mayor
Hammerstad, Councilors Schoen, Turchi, Graham, McPeak and Rohde voting in favor.
16-01
9.2 Adoption of findings to make Zoning Code Text amendments to 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)
City Council Minutes Page 7 of 12
August 7, 2001
Mayor Hammerstad mentioned the July 17 public hearing on this ordinance and the requests to
apply the ordinance to additional neighborhoods. She opened the floor to public testimony.
• Michelle Sayer, 220 Chandler Place, representing the Country Club/Lake Shore
Neighborhood Association
Ms. Sayer indicated that if they had known earlier about what First Addition and Lake Grove
had done, they would have joined them, as they were very concerned about height restrictions.
She presented a petition signed by almost 150 people, asking for relief from pending and
potential assaults on the character of their neighborhoods. She mentioned that this might serve
as the groundswell of opinion that one Councilor believed this morning was missing.
Ms. Sayer said that they understood that a remedy to keep monster houses out was not for
everyone in the city but reiterated that it was a remedy for their neighborhood. She asked for any
remedy that would give them relief until a compatibility study was complete and more thoughtful
solutions put into force.
Ms. Sayer acknowledged that people held varying opinions on what constituted good height
restrictions but argued that there had to be some middle ground on which they could meet. She
spoke to preserving the neighborhoods because people moved to Lake Oswego because of the
unique visual beauty that appealed to all of them.
Mayor Hammerstad pointed out that this neighborhood had some old houses that were over 28
feet. Ms. Sayer conceded the point but described them as having `delightful' architecture. She
concurred that that was personal taste.
• Henry Germond, 224 Iron Mountain Blvd
Mr. Germond pointed out that the taller houses in their neighborhood were primarily located on
the larger lots, with the exception of one or two large houses on small lots that were obviously
outsized for the neighborhood. He agreed that the petition and testimony represented the
groundswell of opinion, as 10 concerned neighbors collected approximately 150 signatures in
eight days at a time when many people were away on vacation.
Mr. Germond described the variety of reactions by the residents when the petition gatherers
explained the background of the situation: some clearly understood the problem, some had been
previously unaware and enthusiastically signed the petition, and some could not accept the long-
established principle that zoning protected their property value. He expressed his hope that the
Councilor who felt this morning that this situation was not an emergency no longer felt the same
way.
Councilor Turchi asked why the neighbors saw height as the critical factor in determining the
appropriateness of a house, given the number of examples in which the height worked in the
design. Mr. Germond recalled Councilor Turchi's comment this morning that this was a
complicated issue. He said that presently they were grasping at the straw of a simplistic
temporary solution because they were desperate.
Mr. Germond confirmed to Councilor Turchi that the neighborhood anticipated imminent
development, as two property owners have filed for partitions and a third has expressed interest
in doing the same thing. He held that the neighborhood could see potentially six monster houses
before November.
Councilor Schoen asked what size lots was Mr. Germond talking about. Mr. Germond said
that their area was zoned R-7.5 with generous lots for the house sizes; some lots had sufficient
square footage for a potential partition, although the setbacks and lot depths could make it
difficult to use the partition.
Councilor Schoen indicated that he leaned towards Councilor Turchi's position, in that Lake
Oswego had a diversity of housing in other neighborhoods. He said that he was hesitant to apply
this citywide.
City Council Minutes Page 8 of 12
August 7, 2001
Mr. Powell indicated to Councilor McPeak that Mr. Germond was correct in thinking that the
present height limit in his neighborhood was the prevailing 28 feet to the midpoint of the slope of
the roof
Councilor McPeak commented that she thought that the Infill Task Force would take a careful
and thoughtful look at this serious problem. Mr. Germond reiterated the neighborhood's
concern with the timeliness of the report, given the likelihood of imminent development in their
area.
• Barbara MacIntosh, 1200 Fairway Road
Ms. MacIntosh discussed her concern with the future of Lake Oswego. She recalled that when
she first moved to Lake Oswego, the realtor told her that two of the most desirable places to live
were the Country Club area and the homes around the lake, both of which were in the Country
Club/North Shore Neighborhood Association. She argued that what made those areas the most
desirable, in addition to the lake and the country club, was the property, character and charm of
the homes in the area. She said that they did not want to lose those qualities in this
neighborhood.
Ms. MacIntosh argued that building tall homes with straight walls and not very slanted roofs on
a street such as Troon (which had properties reasonably close together) would alter the character
entirely from what was there today. She conceded that they did not know if roof pitch would
solve the problem or not but they were desperate for a solution to maintain the charm and
character of the neighborhood as it was today. She pointed out that the money coming into their
neighborhood from the Silicon Forest could build the large homes commonly called
"McMansions."
At Mayor Hammerstad's request, Robyn Christie, City Recorder, read the petition title as
submitted by the Country Club/North Shore Neighborhood Association.
Councilor Rohde spoke in support of adding in this neighborhood and the Lakewood
Neighborhood, which requested inclusion at the Council's last meeting on this matter. He
mentioned that the neighborhood in the area of NW 25`h and Northrup (where a friend of his
lived in a three-story house with a basement) was a charming neighborhood with houses over 28
feet tall. He suggested that the Council have a philosophic discussion with the Task Force at
some point so that the Task Force did not return with a product that the Council could not
fundamentally agree with.
Councilor McPeak observed that this was a tough issue. She commented that, while she did not
live in the Country Club/North Shore neighborhood, she did enjoy driving through it. She said
that she thought that there were many ways for a neighborhood to be charming, and they did not
all need to achieve that charm in the same way. She spoke to finding a way of imposing as little
restriction as possible on anyone's ability to build a new house or do a remodel that reflected
2001 instead of the 1930s.
Councilor McPeak discussed her preference to rely on the Infill Task Force's expertise and time
to find an appropriate solution. She indicated that, while she was tempted to apply the ordinance
to this neighborhood as well as First Addition and Lake Grove, she was not certain that that was
fair to the other neighborhoods with equally strong arguments that did not come to the Council.
Councilor Graham mentioned her confidence in the Task Force's work and its potential
recommendations as well. She discussed her concern of an individual property owner
maximizing the value of his/her property, such as senior citizens who might be depending on
selling their property to provide them with the means for a decent existence.
Councilor Graham acknowledged the neighbors' arguments about the character of the
neighborhood, observing that the character of the neighborhood, if maintained, also helped to
keep the value of the neighborhood. She indicated that she would support the inclusion of this
neighborhood along with First Addition and Lake Grove.
City Council Minutes Page 9 of 12
August 7, 2001
Councilor Schoen indicated that he would accept 150 neighbors as a groundswell and add this
neighborhood in with the others on a temporary basis until the Task Force finished its study.
Councilor Turchi said that he did not want the neighbors to think that he was not sympathetic to
their plight, as he grew up in that area. He recalled his thoughts when he saw some of the
existing houses built, that they were pretty modern and did not really fit in with the
neighborhood.
Councilor Turchi discussed his desire to find a more comprehensive and thoughtful way to look
at the issue, as opposed to this crude method proposed. He pointed out that the problem with
including this neighborhood at this time was that the notification process required of the City and
the public process would take two to three months; the Council could not officially include the
neighborhood until around the time that the Task Force report was due.
Councilor Turchi held that there was not much benefit in including the additional
neighborhoods at this time. He stated that this was an important issue that the Council needed to
address. He spoke to doing so thoughtfully before more inappropriate houses intruded on the
neighborhoods.
Mayor Hammerstad reviewed the notification and public process timeline that the City had to
follow (c. 4 months), which put this request at the Planning Commission and City Council not
much ahead of the Task Force report. She described the Task Force as more important because it
would address the myriad of compatibility issues raised by the neighborhood tonight.
Mayor Hammerstad discussed her concern that a controversy at the Planning Commission over
this request would inhibit the Commission's ability to deal with the more important compatibility
issue in a timely manner, and might muddy the waters for that issue. She spoke in support of not
extending the ordinance, although she agreed with the petitions and the neighborhood's concerns.
Mayor Hammerstad commented that she was also cautious about putting too much confidence
in the Compatibility Task Force because their recommendations would be difficult ones. She
pointed out that the underlying issue was telling people what they could and could not build. She
discussed her expectation that others would come out on the other side to protest that kind of
regulation. She apologized for not supporting a motion to include this neighborhood but
reiterated that she thought that the larger goal was more important.
Mayor Hammerstad indicated to Mr. Germond that simply starting the process would not
preclude the building of McMansions for the next four months; the Council had to adopt the
ordinance first.
Councilor McPeak moved to apply Ordinance 2301 to the Country Club/North Shore
neighborhood in addition to the way it read now. Councilor Graham seconded the motion.
Councilor McPeak accepted Councilor Rohde's friendly amendment to include the
Lakewood Neighborhood Association.
Councilor McPeak did not accept Councilor Turchi's friendly amendment to include the third
neighborhood requesting inclusion.
A roll call vote was taken and the motion passed with Councilors Schoen, Graham, McPeak
and Rohde voting in favor; Mayor Hammerstad and Councilor Turchi voted no with
regret. [4-2]
Mayor Hammerstad said that the City would begin the notification process tomorrow.
Councilor Rohde moved to enact Ordinance 2301 and adopt findings. Councilor Schoen
seconded the motion. A voice vote was taken and the motion passed with Mayor
Hammerstad, Councilors Schoen, Turchi, Graham, McPeak and Rohde voting in favor.
[6-0]
10. INFORMATION FROM COUNCIL
City Council Minutes Page 10 of 12
August 7, 2001
10.1 Councilor Information
10.1.1 Free Safety Seat Check
Councilor Graham announced another Free Safety Seat Check at the main fire station on
Saturday, August 18, from 10 a.m. to 2 p.m. She noted the recent Oregon Child Passenger
Safety Law (effective January 1, 2002) requiring that children up to six years old and 60 pounds
ride properly in an approved child safety system. She indicated that this law would help promote
the use of booster seats for children throughout Oregon, which children should ride in until they
properly fit the adult lap and shoulder belts correctly.
10.1.2 Neighborhood Association information
Councilor McPeak recounted her efforts to find information on the City website regarding
neighborhood association meeting times. She recommended that any neighborhood people
interested in setting up an association web page on the City website contact Barb Dillinger, City
Planning Department, 503/635-0296, for help in doing so. She pointed out that this was the time
of year when people moved to the city and looked for neighborhood information.
Councilor McPeak noted that people could access the neighborhood association contact list on
the City website in order to find the name and phone number of the neighborhood association
chair or co-chair, and obtain the neighborhood meeting times from them. She mentioned the
neighborhood association map on the website for those who did not know which neighborhood
they were in.
10.1.3 Chico's
Councilor McPeak mentioned the sign on the building on A Street between 2"d and 3'd Streets
announcing that Chico's was coming to Lake Oswego. She said that Chico's sold attractive
women's clothing. She referenced the mailing she received listing A Street Station, Lake
Oswego, Oregon, as a Chico's that was coming soon.
10.2 Reports of Council Committees, Organizational Committees and Intergovernmental
Committees
10.2.1 Timothy Lake Conference
Mayor Hammerstad mentioned that she and Councilor Rohde attended this conference hosted
by the County Board of Commissioners a week ago. She said that the main discussion focused
on the financial problems of street maintenance and financing for parks and libraries. She
reported that the main recommendation of the conference was to implement a Washington
County-style Coordinating Council to look at the mutual interests of the cities in Clackamas
County and the County.
Mayor Hammerstad described this as a positive step that would provide an opportunity for
better communications with the cities and the County. She pointed out that the Washington
County Coordinating Council addressed transportation and land use issues. One reason
Washington County has been so successful with its commuter rail was the support it had from
the jurisdictions within the County.
10.2.2 Foothills Task Force
Mayor Hammerstad spoke to including two more neighborhood representatives on the Foothills
Task Force, specifically citizens who were experienced with the City's downtown
redevelopment. She indicated that she thought this would be an excellent Task Force.
Mayor Hammerstad reviewed the challenges facing the City in redeveloping that area,
including the floodplain, the chip plant and the sewer treatment plant. She noted that the City
had no public access to the Willamette River in that area. She observed that it took 20 years to
redevelop Block 138 and the downtown. She held that it was time to start this project.
City Council Minutes Page 11 of 12
August 7, 2001
Councilor Rohde moved to appoint additional members to the Task Force. Councilor
Graham seconded the motion. A voice vote was taken and the motion passed with Mayor
Hammerstad, Councilors Schoen, Turchi, Graham, McPeak and Rohde voting in favor.
[6-0]
11. REPORTS OF OFFICERS
11.1 City Manager
11.2 City Attorney
12. ADJOURNMENT
Mayor Hammerstad adjourned the meeting at 7:20 p.m.
Respectfully submitted,
af/tiditZ)
Robyn C stie
City Recorder
APPROVED BY THE CITY COUNCIL:
ON September 4, 2001
AX'0,V7)*( 7
udie Hammerstad, Mayor
City Council Minutes Page 12 of 12
August 7, 2001