Approved Minutes - 2002-05-21 AM °°�\
°� CITY COUNCIL MINUTES
101/0 May 21, 2002
•
Council President Ellie McPeak called the special City Council meeting to order at 7:35 a.m.
on May 21, 2002, in the City Council Chambers.
Present: Mayor Hammerstad (arrived 7:36 a.m.), Councilors Turchi, Graham, Hoffman,
McPeak and Rohde. Councilor Schoen was excused.
Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, City
Recorder; Kay Kinyon, Parks Superintendent; Joel Komarek, City Engineer; Kim
Gilmer, Parks & Recreation Director
3. REVIEW EVENING AGENDA
Mayor Hammerstad noted that they rescheduled the resolution naming the park after Ruth
Pennington to the first meeting in June in order to allow her family and friends to be present.
4.2.1 TruGreen LandCare contract award
David Powell, City Attorney, mentioned that one Councilor raised a question about the
connection between TruGreen LandCare and TruGreen ChemLawn; the latter had an
enforcement action against it relating to the disposal and rinsing of equipment. He noted that the
Parks & Maintenance Department invited representatives from TruGreen LandCare to explain
the situation.
Scott Clark, Commercial Sales Manager, TruGreen LandCare, and Frank Corisan, Branch
Manager with Portland South Branch in Tigard introduced themselves. Mr. Clark
explained that ServiceMaster was the parent company of TruGreen LandCare and TruGreen
ChemLawn but the two companies were separate branches. He stated that they would not use
TruGreen ChemLawn on the City sites.
Mr. Clark indicated to Councilor Graham that their person in charge of pesticides and
herbicides, Ray Rudy, was at a safety meeting in Seattle this morning, and they could not get
him back for this meeting. He stated that their applicators were state licensed pesticide and
herbicide applicators. Mr. Corisan indicated that everything they turned over, as listed on their
MSDS sheets, was followed by all state organizations.
Councilor Graham mentioned that the City looked at things microscopically in the interests of
sustainability, which involved the use or non-use of pesticides. She expressed her concern about
whether the herbicides and pesticides going on City playing fields and parks were of a
sustainable nature or were they harmful to the children and others who used the facilities. Mr.
Clark said that he could not answer specifically with respect to which chemicals they used but
he did know that they would use the same chemicals that they used for the Kindercares in
Washington and Oregon.
Mr. Clark said that if the City had a list of chemicals that it did not want used, they would be
happy to match it. He indicated to Councilor Graham that he would also supply a list of the
chemicals used by their company. Councilor Graham commented that Councilor Rohde's
suggestion to get a list of all chemicals used by the City and at the water treatment plant was not
a bad idea.
Mr. Clark observed that what most people bought at Home Depot was more dangerous than
what his company would use. Mayor Hammerstad spoke to achieving a balance between using
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May 21, 2002
organic things and using more lethal things in finding what worked to maintain healthy plants.
She indicated that they were trying to find things that would not remain in the environment,
mentioning phosphorous-free fertilizer in particular.
Mr. Clark indicated to Councilor Turchi that these were the same chemicals used to maintain
the school fields. Mr. Corisan confirmed that they gave the MSDS list to the individual
schools. Councilor Turchi mentioned his concern with respect to student allergies.
Kay Kinyon, Parks Superintendent, noted that this contract covered street landscaping and
other City facility landscaping; it did not cover school sites or parks.
Councilor Rohde mentioned the protocols that the Natural Step organization had with respect to
chemicals and sustainability. He explained that Natural Step was a sustainability organization
focused primarily on ensuring that businesses were profitable and successful while also being
environmentally sustainable.
Councilor Hoffman directed Councilor Rohde to the list in the staff report detailing the 75
sites covered by the contract, including medians and water reservoirs.
Councilor Hoffman suggested that Mr. Kinyon give a 20 to 30 minute presentation to the
Council at a study session on the issues raised by Councilor Graham regarding sustainability and
what chemicals the City used. Mayor Hammerstad suggested folding that in with the midyear
update on goals. Mr. Clark volunteered to bring in their technical advisor, Mr. Rudy, who
worked with the states of Washington, Oregon and Utah to ensure that the company met the state
guidelines.
4.2.3 Public Improvement Contract for structural repairs.
Joel Komarek, City Engineer, described to Councilor Graham the preliminary work involved
in the repairs to the structure of the road in order to prepare the road for slurry seals. He
mentioned that the structure of the road comprised the pavement, the base rock and the subgrade.
Councilor Hoffman asked for a Pavement 101 presentation explaining the structure of roads, in
order to educate the Council for the road maintenance fee discussion. Mayor Hammerstad
noted that the Council was getting backed up on study sessions. She said that she would put it
on the list but it would not come up quickly. Councilor Hoffman suggested 15 minutes at a
morning session. Councilor Rohde suggested a pick up briefing.
Mayor Hammerstad noted that Councilor Graham would review the consent agenda this
evening. The Council agreed by consensus to allow the Mayor to limit the testimony at the two
public hearings on the surplus rights-of-way to three and five minutes.
Councilor Graham suggested mentioning the Library Advisory Board vacancy specifically.
She said that she would do a follow up on the drug education seminar sponsored by the Adult
Community Center on June 3.
Mayor Hammerstad suggested to Councilor Graham that they schedule the Friends of the
Library's $21,000 grant to the Library as a recognition item on the Council's next agenda, and
invite someone from the library.
Councilor Rohde said that he wanted to compliment the Chamber on getting 229 baskets up.
Mayor Hammerstad noted the short LORA meeting following the evening meeting.
4. REVIEW FUTURE AGENDA ITEMS
Mayor Hammerstad noted the June 6 Planning Commission interviews which she and
Councilor Rohde would conduct. She mentioned the June 13 unveiling of the Toparovsky
sculptures at Millennium Park.
Mr. Schmitz advised the Council that he would schedule the Metro presentation on its periodic
review and the urban growth boundary adjustment as the first item at the June 11 meeting.
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Councilor Hoffman suggested inviting the Metro representatives to have dinner with the
Council at 5 p.m.
5. OTHER BUSINESS
5.1 Consolidation of Arts Commission Policies (Res. 02-26)
Kim Gilmer, Parks & Recreation Director, introduced Karen Jones-Whittle,Arts
Commission member and Public Arts Committee(PAC) Chair.
Mayor Hammerstad mentioned her dislike of using the word `accession' instead of`acquire.'
Ms. Gilmer indicated that `accession' was the standard term used in the art world.
Ms. Gilmer explained that the PAC has been using the Permanent Art Collection guidelines,
developed before the Percent for Art program and never adopted by Council, to manage the City
collection. She noted that the Commission developed another set of guidelines to administer the
Percent for Arts program and to purchase art under that program.
Ms. Gilmer commented that the Collection guidelines and the Percent for Art guidelines did not
necessarily merge together well; the PAC found it confusing to try to use both sets of guidelines.
She said that the Arts Commission felt it was important to merge the two documents at this time
because the Commission was acquiring more pieces and facing a rotation of new volunteers on
the PAC; now was the time to clarify the guidelines.
Councilor McPeak congratulated all those involved in compiling the merged document, which
she described as an excellent body of work. She recalled that, five years ago, there were two
unsuccessful attempts to cope with this problem.
Councilor McPeak pointed out two wrong references to Ordinance 2078, which should be to
Ordinance 2062 (Exhibit A, pages 7 and 27).
Councilor McPeak indicated that the Council did not need to deal with her two other comments
today because they dealt with specific policy in the merged document. She referenced the
discussion of the make up of the selection committee for the Percent for Arts program(page 29)
regarding the balance between individuals who were and who were not members of the Arts
Commission or the PAC. She argued that the preponderance of members on the selection
committee should not come from the Arts Commission or the PAC, in order to avoid the
appearance of an 'in' or `elitist' group.
Councilor McPeak asked the Council to consider whether the majority of the selection
committee should be non-Arts Commission or PAC as a means of gathering outside approval of
the selection.
Councilor McPeak referenced the discussion of the public process (page 40) for selecting from
the Arts Downtown collection. She spoke to the idea of the public owning public art. She
confirmed that the language directly quoted the resolution but expressed her concern about the
looseness of the reference to developing a public process. She questioned whether what the Arts
Commission and the PAC had in mind regarding the development of a public process to allow
the public-at-large to express a preference reflected the Council's discussion at the earlier
meeting.
Councilor McPeak asked if the Council wanted to be more specific in terms of what the public
process should be. She mentioned that what she had had in mind was publishing a survey
question on the City website, in the Review and in Hello, LO. She suggested adding a sentence
to make the process more definite. Mayor Hammerstad suggested that the selection committee
bring the public process it developed to the Council for review and adoption.
Ms. Gilmer commented that one of the challenges faced by the Arts Commission and the PAC
in the last few years with acquiring art, either through the Percent for Arts Program or outside it,
was that each purchase was very different. She explained that the Commission felt the need for
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May 21, 2002
PAC members on the selection committee in order to bring continuity to the selection process
and to remember the goals of the Arts Commission in developing the City art collection.
Ms. Gilmer referenced Section 5.10.1 (page 28), in which the Commission tried to explain that a
certain number of PAC members would serve on the selection committee, but, depending on the
scope of the project, they could bring in up to 7 people to serve on the committee. She pointed
out that they could have one PAC member and the rest could be neighborhood or business
people. She explained that the Commission did not want to constrain itself by requiring large
committees for every project, when a large selection committee was not always necessary.
Ms. Gilmer concurred with Councilor McPeak that there was value in the idea of not being
seen as an 'in' group. She indicated that both the PAC and the Arts Commission understood the
Councilor's concern. She reiterated that the PAC wanted to look at each individual project in
deciding how many people it needed on the selection committee. She commented that, at some
point, staff needed to take responsibility to ensure that the committee had broad enough
representation. She emphasized the need to retain sufficient flexibility to allow the committee to
do its work.
Ms. Gilmer clarified, with respect to the West Waluga Park selection committee, that staff was
trying to find a representative from the business community to serve. She described the
proposed selection process, which involved the committee selecting two to five pieces; at an
open house, the kids of the neighborhood would select one piece.
Ms.Jones-Whittle confirmed that the PAC heard loudly and clearly the importance of having
public input. She said that personally she agreed strongly with the Councilor's concern
regarding an insular group of PAC or the Arts Commission serving as the selection committee.
She commented that public input allowed the PAC to get enthusiasm and support from the
community, and deflected criticism about a particular piece.
Ms.Jones-Whittle commented that they also needed to be realistic and to avoid an unwieldy
group, which could make the process very difficult. She discussed her efforts to involve the
neighborhood association, the local businesses and the local children in the selection of the West
Waluga Park piece. She held that having the neighborhood involved in making the first selection
from the Arts Downtown collection could be very valuable.
Doug Schmitz, City Manager, noted that the definition of'city project' (page 42) excluded
street and pathway projects. He spoke to not excluding streets that the City was renovating or
beautifying in the commercial district or adjacent to neighborhood commercial or pathways that
were subject to the Percent for Art program. He indicated to Councilor McPeak that the current
language excluding streets and pathways came from the ordinances of other municipalities,
which staff used in drafting the ordinance.
Councilor Rohde clarified to Councilor McPeak that including streets would not siphon off
road maintenance fees because the program was for capital construction projects only.
Councilor Hoffman commented that the suggestion was worth thinking about because it would
provide a policy direction, which indicated the importance of art to Lake Oswego.
Councilor Turchi commented that children might tend to pick the most recognizable piece of
representational art, thus precluding the avant-garde pieces. He spoke to being careful about
asking for input because once they did, then they needed to accept that input. Mayor
Hammerstad pointed out that the children were involved in this one selection process. She
agreed that they would not want to use this selection process for every piece of art they
purchased.
Ms. Jones-Whittle reviewed the criteria that the selection committee would use to pick the three
to five pieces from which the children would select one piece: safety, appropriateness and
within the budget. Councilor Rohde commented that sometimes children liked the funky avant-
garde pieces.
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Mayor Hammerstad noted that staff would insert new language regarding the inclusion of
street and pathway projects.
5.2 Transportation Growth Management(TGM) Advisory Committee
Mayor Hammerstad mentioned the TGM grant awarded to OTAK for the transit center. She
suggested that the City ask the Foothills Task Force members if any wanted to sit on the TGM
Advisory Committee because they had background knowledge about how the transit center
would fit in. She noted that the Foothills Task Force has completed its work.
Mayor Hammerstad noted that Councilor Turchi had served as her alternate on the Foothills
Task Force. She asked if Councilor Rohde would like to serve as her alternative for the TGM
Advisory Committee with Councilor Turchi's agreement. Both Councilors concurred.
The Council agreed by consensus not to recruit for a second committee.
5.3 Englewood Trail
Mayor Hammerstad mentioned receiving a letter from the Trust for Public Lands regarding the
Tryon Creek acquisition of the Englewood Trail, for which the Council sent a letter of support
eight months ago. She said that the Trust was still looking for money and has requested Lake
Oswego to send another letter of support for the purchase. She confirmed to Councilor McPeak
that no money was involved.
Mr. Schmitz described the trail location to Councilor Graham. Mayor Hammerstad
indicated that she would send the letter, as she heard no dissension.
5.4 Miscellaneous items
Mayor Hammerstad informed the Council that, per Mr. Schmitz's conversation with
Superintendent Korach, they would get their youth councilors this spring but they would have to
wait for the advisory board youth members until the fall.
Mayor Hammerstad reported that the meeting she and Mr. Schmitz had with the Board and
Commission chairs went well. She mentioned that the Library Advisory Board chair did not
attend because the Board rescheduled its regular meeting date to the same date as the Boards and
Commission chairs meeting. She said that she met with Colleen Bennett to review the
discussion.
Mayor Hammerstad noted that the Council received the approval from all the Board and
Commission chairs on the procedural changes it was making. She mentioned their willingness to
screen applicants if the Council should receive a large number of applications for a few
positions.
Mayor Hammerstad indicated to Councilor McPeak that she was surprised by the nature of
Jerry Fletcher's resignation letter. She indicated that they did answer it.
Mayor Hammerstad mentioned that Ms. Bennett intended to write a letter to the Budget
Committee thanking it for the allocation it made to the library. She noted that the Board was
uncertain about the Council, given the four negative votes from the Council on the allocation.
She commented that the Board remained adamantly opposed to the joint library.
Councilor McPeak suggested mentioning the allocation when the Council approved the budget
as a means of reinforcing the validity of what happened. Mayor Hammerstad concurred that
they should highlight those discretionary items that the Council continued to support.
Councilor Rohde recounted a citizen complaint regarding the permitting process at the City,
which he heard when the gentleman stopped his car to speak to him, when he was waving at
traffic on Macadam with a group of volunteers. He noted that the City Manager and City
Attorney knew about this gentleman's permitting problems with putting in a sport court. He
reported that he and staff have worked with the gentleman to reduce the volatility of the
situation.
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Councilor McPeak suggested announcing at the regular meeting where people could find the
recently changed Council meeting TV broadcast schedule. The Council discussed the schedule.
Councilor McPeak pointed out that the schedule would not always be at Lake Oswego's
convenience, as TVCA broadcast other city council meetings live also.
5.5 August Meeting Schedule
The Council discussed how many meetings to hold in August. Mr. Powell confirmed that the
Charter required the Council to schedule two regular meetings each month but pointed out that
there were unlikely to be any legal consequences, should the Council decide to hold only one
meeting in August. He noted that historically the Council has not always scheduled two regular
meetings in August.
Mayor Hammerstad said that they would meet on the first Tuesday in August for the morning
and evening meetings; their next meeting would be the Tuesday after Labor Day (September 3).
Councilor Rohde spoke in support of no meetings unless there was a pressing issue.
6. EXECUTIVE SESSION
Mayor Hammerstad recessed the meeting at 8:35 a.m. to Executive Session pursuant to ORS
192.660(1)(e), to consult with persons authorized to conduct real property negotiations on behalf
of the City. Mr. Powell reviewed the Executive Session parameters.
7. RETURN TO OPEN SESSION
Mayor Hammerstad reconvened the morning meeting at 8:50 a.m.
Mayor Hammerstad invited any interested Councilors to attend the meeting she was having
with staff following the morning meeting to discuss the process for the urban growth boundary
expansion and Lake Oswego's role. She commented that the draft performance measures report
was interesting because it had some of the eight fundamental values not included in the
alternative analysis study, which were important to Lake Oswego. She observed that number 5,
enabling communities to preserve their physical sense of place by having natural areas outside
their boundaries, applied directly to Lake Oswego.
Mayor Hammerstad mentioned that she was interviewed about this a week ago. She
speculated that enough time has passed since the 2040 plan that different values and different
directions have sprung up. She referenced the values of the 2040 town centers and regional
centers, which did not necessarily mesh with the values in a future vision plan or in the
alternatives analysis. She commented that they did not know which values had greater weight at
Metro.
Mayor Hammerstad indicated to Councilor Rohde that Portland State University was doing
the project, including the performance criteria. Councilor Rohde mentioned his main concern
that number 7, balancing the distribution of high quality jobs throughout the region, was an
argument for expanding Stafford as an industrial zone. Mayor Hammerstad observed that
subregional analysis conflicted with that criterion.
8. ADJOURNMENT
Mayor Hammerstad adjourned the meeting at 8:52 a.m.
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May 21, 2002
Respectfully submitted,
Rob nCie
Y
City Recorder
APPROVED BY THE CITY COUNCIL:
ON August 6, 002
Ol7/17/P7264/
Judie a erstad, Mayor
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May 21, 2002