Agenda Item - 2001-08-07 - Number 4.4.2 - 4.4.2
08/07/01
MINUTES OF JULY 3, 2001
REGULAR MEETING
5 '.+
Of LAK[OS
` CITY COUNCIL MEETING MINUTES
July 3, 2001
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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 passed with Mayor Hammerstad, Councilors
Rohde, Schoen, Turchi, Graham, and McPeak voting in favor. [6-0]
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.
4.3 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 B
ACTION: Adopt Resolution 01-60
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 01-61
City Council Minutes Page 1 of 7
July 3, 2001 6
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 Turfs 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. He 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. He 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
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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. He 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. He 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
63
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. He 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. [6-0]
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 July 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. [6-0]
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 July 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. [6-0]
9. INFORMATION FROM COUNCIL
9.1 Councilor Information
City Council Minutes Page 4 of 7
July 3, 2001
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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 come 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 6 J
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
mentioned 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. ADJOURNMENT
Mayor Hammerstad adjourned the meeting at 7:10 p.m.
City Council Minutes Page 6 of 7
July 3, 2001 6 6
Respectfully submitted,
---°60,10
Robyn C istie
City Recorder
APPROVED BY THE CITY COUNCIL:
ON
Judie Hammerstad, Mayor
City Council Minutes Page 7 of 7
July 3, 2001
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