Approved Minutes - 2001-10-23 Special e�uc�oi
` ' we`° CITY COUNCIL MINUTES
9
''O ,' October 23,2001
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Mayor Judie Hammerstad called the City Council special meeting to order at 6:35 p.m. on
October 23, 2001, in the City Council Chambers.
Present: Mayor Hammerstad, Councilors Hoffman, McPeak, Graham, Rohde, Schoen and
Turchi.
Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, City
Recorder; Chris Jordan, Assistant City Manager; Bob Kincaid, Chief of Staff
3. COUNCIL BUSINESS
3.1 Sprinkler Agreement with Lake Oswego School District
Bob Kincaid, Chief of Staff, reviewed the background of the resolution authorizing the
intergovernmental agreement with the School District providing for reimbursement of the cost of
the installation of fire extinguishing sprinkler systems in certain schools. He noted that installing
these sprinkler systems in selected schools allowed the City to build smaller water reservoirs and
to eliminate one reservoir, which made it a cost-effective measure. He indicated that staff
estimated that this legitimate expenditure for the water utility fund of$1.5 million was sufficient
to cover the cost of the retrofits. He mentioned that the School District has promised to retrofit
their other non-sprinklered schools.
Councilor Schoen moved Resolution 01-88, authorizing the City Manager to execute an
intergovernmental agreement between Lake Oswego School District and the City for the
purpose of reimbursing the Lake Oswego School District the costs associated with the
installation of fire sprinkler systems in certain school facilities. Councilor Rohde seconded
the motion.
Doug Schmitz, City Manager, clarified to Councilor Hoffman that the City would accumulate
the $1.5 million over the three or more years it would take the School District to do its
renovations; the agreement was for the City to reimburse the District after the retrofitting, which
gave the City time to save the money.
Mr. Kincaid indicated to Councilor Schoen that the City estimated saving $1.7 million in water
system expenditures by spending $1.5 million on the School District retrofits. He clarified for
Councilor Graham that the City would not reimburse the School District for the sprinkler
system installed in the new Lake Oswego High School because the Building Code required the
District to install the system.
Mr. Schmitz clarified that the State Fire Marshal required the District to retrofit the section of
the existing Lake Oswego High School building, which was farthest out for rebuilding. He
indicated that when the District demolished that section of the school, it would salvage some of
that sprinkler system for re-use in the new building.
A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors
Hoffman, McPeak, Graham, Rohde, Schoen and Turchi voting in favor. [7-0]
3.2 Award of a public improvement contract for construction of FY 2001/02 water system
rehabilitation program.
Mayor Hammerstad noted the letter received from New West, by which it took itself out of
contention.
City Council Minutes Page 1 of 5
October 23, 2001
Councilor Rohde moved to award the public improvement contract for the construction of
2001/02 annual water system rehabilitation program to Canby Excavating in the amount of
$924,838.30. Councilor Schoen seconded the motion. A voice vote was taken and the
motion passed with Mayor Hammerstad, Councilors Hoffman, McPeak, Graham, Rohde,
Schoen and Turchi voting in favor. [7-0]
Mr. Schmitz mentioned that this was Mr. Powell and Mr. Boone's victory. Mr. Powell
commented that Mr. Boone deserved the credit for the work on this matter.
3.3 Updates
3.3.1 Joint Use Library Task Force
Mayor Hammerstad noted that the City did not receive enough applications to fill the Task
Force, and has extended the deadline to next Monday. She asked each Councilor to call one
person whom he/she thought might be interested and ask him/her to submit an application by
Monday. She commented that she did not care what that person's position was, although she
hoped for people with open minds who could serve well on the Task Force.
Mayor Hammerstad asked if the Council would be agreeable to nominating George Benson as
the Task Force Chair. She noted that he had experience in facilitating this sort of large
committee. She indicated to Councilor McPeak that Mr. Benson said that he would be honored
to serve as chair and that he had an open mind on the issue but did think that it could be a good
use of public resources. She mentioned also speaking with Eric Carlson and Ardis Stevenson as
possible chairs.
Councilor Rohde moved to recommend George Benson as the Chair of the Joint Library
Task Force. Councilor Graham seconded the motion.
Mayor Hammerstad confirmed to Councilor Hoffman that Mr. Benson would be both a
member and the chair of the Task Force.
A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors
Hoffman, McPeak, Graham, Rohde, Schoen and Turchi voting in favor. [7-0]
Mayor Hammerstad indicated that they would discuss this topic at the joint meeting tomorrow
night. She noted that Mr. Benson was no longer under contract to the School District.
3.3.2 Coyotes
Mayor Hammerstad announced two opportunities to meet tomorrow with Lisa Hamerlynck,
Natural Resources Coordinator, and Bob Salinger from the Audubon Society on the subject of
coyotes: 9 a.m. and 4 p.m. She reviewed the comments she received back from the Council on
this topic. She noted the previous Council's decision in 1997 not to trap coyotes. She pointed
out that live trapping was different than the trapping discussed in 1997, and that the price was a
couple thousand dollars.
Mayor Hammerstad commented that if the Council did not think that this was a significant
enough problem to address, then the Council might want to put out a statement saying so; if the
Council wanted to discuss it, it should hold a public hearing.
Councilor McPeak commented that, based on what she knew now, she was not interested in the
Council getting involved in this issue in a big way. She spoke to the Council, should it decide to
put out a statement, having someone with knowledge of the subject put out an educational
statement giving people the guidance that they wanted on how to protect their pets and their
neighborhoods.
Mayor Hammerstad mentioned Stephanie Wagner's article in the Review two months ago. She
indicated that she thought that Ms. Hamerlynck could also write an article. She commented that
the Council might have to hold a public hearing in order to come to a conclusion.
City Council Minutes Page 2 of 5
October 23, 2001
Councilor Schoen discussed the issues that he saw with coyotes. He stated that he had no
confidence that live traps would work, as coyotes were clever creatures. He cited what he
believed was a proven biological fact, that coyotes reproduced in greater numbers than normal if
they were trapped and killed. He characterized the issue as rife with controversy. He held that
there was not much that the Council could do about it and opposed going forward on it.
Councilor Schoen said that he would like to have a public statement made about the biological
issue. He concurred with Councilor McPeak that people would have to take precautions to
protect their small pets, such as keeping them in the house, especially at night.
Councilor Hoffman spoke to de-politicizing the issue. He suggested that a city staff person
write up a question and answer information sheet on coyotes.
Councilor Schoen observed that coyotes did chase deer out of the area, which kept the deer out
of the rose bushes.
Mayor Hammerstad and Councilors Graham and Schoen elected to attend the 9:30 a.m.
meeting. Mayor Hammerstad said that they would cancel the 4:00 p.m. meeting.
3.2.3 Palisades Pathway
Mayor Hammerstad discussed the situation with the Palisades pathway on Greentree, which the
City had proposed as two pathways (one on each side of the street) and widening the street to
allow installation of one of the pathways. She noted that a street widening required a vote of the
electorate according to the Charter.
Mayor Hammerstad said that the City met with the neighbor who circulated the petition to put
the pathway on the ballot and discussed a solution that would not require a vote. She described
the solution as putting pathways on both sides of the road but not putting on the overlay (the
pavement widening the street); the streetscape would like similar to pathways in First Addition
with sidewalks, gravel and street. She explained that this solution eliminated the need for a
citywide vote and allowed the neighborhood to get its pathways shortly.
Mayor Hammerstad confirmed to Councilor Schoen that the City did have funding for the
project. Mr. Powell confirmed to Councilor Hoffman that if the City did not pave the street
and left the red areas on the map in gravel, then the project did not qualify as a street widening.
He indicated that the Charter specifically defined `street widening' as expanding the pavement or
the travel portion of the roadway. He explained that sidewalks were incidental to a street
widening.
Mayor Hammerstad indicated that, should the neighborhood decide over the summer that it
needed the street paved, the neighbor agreed to work the campaign to put it on the ballot. She
emphasized that they could not approve a street widening without it going on the ballot now
because of the petition filed with Ms. Christie, which some neighbors wished now they had not
signed.
Mayor Hammerstad confirmed to Councilor Schoen that there were still two travel lanes
paved.
Councilor Graham moved to put in the two sidewalks on either side of the street and to
allow the gravel strip to remain.
Mr. Schmitz indicated to Councilor Hoffman that the reason for the gravel strip in addition to
the sidewalk was the neighborhood's desire to maintain their street parking.
Mr. Powell indicated to Mr. Schmitz that the Council did not need to take action on the petition.
He explained that the petition was a statement that the neighbors refused to waive the election of
the street widening. If the City never did a street widening, then it was a moot issue; if the City
did a street widening, even years later, then it had to hold the election.
City Council Minutes Page 3 of 5
October 23, 2001
Mr. Powell explained to Councilor Rohde that the reason staff left the gravel in between the
street and the sidewalk was to retain the opportunity to pave the street as originally planned,
including raised sidewalks, and to address the parking issue.
Councilor Rohde posed a scenario of several homeowners along a street each deciding to pave
the area in front of their homes or their driveway out to the street. He asked if that constituted a
street widening. Mr. Powell indicated that if the homeowners were paving a parking area for
themselves, then it was not a street widening but it became questionable and a possible Charter
violation claim if the City was effectively allowing people to privately widen the travel portion
of the street.
Mr. Powell pointed out that the homeowners needed to get a permit from the City to pave within
the City's right-of-way. He suggested having a clear demarcation between the parking pavement
and the roadway pavement in order to be safe under the Charter.
Mayor Hammerstad indicated to Councilor Schoen that they did discuss putting in pathways
as opposed to curbs and sidewalks but there was a problem with poor visibility lines at the
corners and an unsafe condition for the kids.
Councilor Hoffman asked why the City had to provide shoulder parking. Mr. Schmitz said that
the neighbors requested retaining the shoulder parking that they had now.
Councilor Hoffman seconded the motion. A voice vote was taken and the motion passed
with Mayor Hammerstad, Councilors Hoffman, McPeak, Graham, Rohde, Schoen and
Turchi voting in favor. [7-0]
3.2.4 Youth Council
Councilor Turchi announced that they have received four applications from Lakeridge High
School and none from Lake Oswego High School or the private schools. He commented that he
thought that the low response was because the requirements were too heavy. Councilors Rohde
and Hoffman expressed interest in joining Councilor Turchi in interviewing the applicants.
3.2.5 Lakeridge Homecoming Skits
Mayor Hammerstad informed the Council that Matt Buehler asked her to judge homecoming
skits at Lakeridge High School Thursday morning at 10:55 a.m., which would take
approximately 20 minutes. She invited any interested Councilors to join her. Councilor Rohde
indicated that he was interested.
4. EXECUTIVE SESSION
Mayor Hammerstad recessed the meeting at 6:58 p.m. to Executive Session pursuant to ORS
192.660(1)(h), to consult with counsel concerning the legal rights and duties of a public body
with regard to current litigation or litigation likely to be filed. Mr. Powell reviewed the
Executive Session parameters.
5. RETURN TO OPEN SESSION
Mayor Hammerstad reconvened the special meeting at 7:10 p.m.
5. ADJOURNMENT
Mayor Hammerstad adjourned the meeting at 7:10 p.m.
City Council Minutes Page 4 of 5
October 23, 2001
Respectfully submitted,
Ro
yn C istie
City Recorder
APPROVED BY THE CITY COUNCIL:
ON December 4, 2001
0,1PW14/
Judie ammerstad, Mayor
City Council Minutes Page 5 of 5
October 23, 2001