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HomeMy WebLinkAboutApproved Minutes - 1976-03-09 i S March 9 , 1976 A meeting of the Committee of The Whole was convened at 7:30 p.m. in City Hall . Present were Mayor Graham, Councilmen Finch, Finnigan , Henderson , Kirkpatrick and Lafferty, City Manager Don Eppley, City Attorney Jim Cox, and staff members. Councilman Cook was excused. Moved by Councilman Lafferty; seconded by Councilman Henderson that minutes of the February 10th and 24th meetings be approved. Motion passed unanimously. Councilman Kirkpatrick told Council she would like to address to two items which should have appeared on this agenda. One was the joint Council/Planning Com- mission meeting which she had previously suggested. She asked if other Council members feel that , in light of recent happenings, such a meeting would be worth- while. She cited the street study which has been before both Planning Commission and Council and should now be addressed to. There was general agreement from the members present and, after some discussion , a date of March 29th was set for a meeting to be convened at City Hall at 7:30. Councilman Kirkpatrick asked if Council should be prepared to lead off with the street study and then perhaps expand to basic policy matters. Mayor Graham approved such a format. Councilman Kirkpatrick then addressed to the upcoming meeting (March 31st in Port- land) of the Oregon Transportation Plan participants. Councilman Finnigan who, with Councilman Henderson , is a member of the group. distributed material to Council at the March 2nd regular meeting and asked for comments on items Council might wish to be discussed at the meeting of the Transportation Committee. Councilman Kirkpatrick said that , after reading the goals, her advice would be to represent the Council in attaching the importance of our State Street problem to any trans- portation planning. Councilman Finnigan said he has another packet of information that will be dis- tributed before March 31st. He said if Council can come to a consensus on what ideas should be dealt with, they will be relayed to the Committee. Following brief discussion, this matter was set over to the March 30th Committee of The Whole meeting. Councilman Kirkpatrick informed Council that she has been invited to attend the NLC conference to be held in Washington , D.C. on March 14, 15 and 16, as one of a small Oregon delegation. She explained that most of the conference will be de- voted to Revenue Sharing which, according to Don Jones , is still in grave trouble. She said the approximate $500 cost could be included in the supplemental budget , according to the City Manager. Councilman Kirkpatrick spoke briefly about the meetings to be held with members of the Oregon delegation in Congress and the im- portance of a strong lobby group. Councilman Henderson said she is also a member of the national committee, but it was her opinion that the expense of attendance at another convention would be unwarranted at this time. She added that the message could be relayed just as ef- fectively by letter. Discussion followed on the merits of the proposed expenditure. Mayor Graham asked for a vote on the matter of sending Councilman Kirkpatrick to Washington, D. C. as discussed. Councilmen Finch and Lafferty voted "yes"; Council - men Henderson and Finnigan voted "no"; Councilman Kirkpatrick abstained, and Mayor Graham' s "yes" vote broke the tie. a • t Councilman Kirkpatrick asked when the population study will be on agenda. Mr. Eppley said he felt it should be discussed whenever Council wants to, either on a special night or at a regular meeting. He felt it did not require formal adoption. This item will be scheduled for Committee of The Whole on March 30th. 2) Public input for LID Committee. Mrs . Fronville said it was her intention to talk only about the meeting her committee had planned and not about other methods of input. She said her committee has completed its task but , before coming to Coun- cil with final recommendations , they felt they would like input from the public and specifically with some who have been involved in an LID. Mayor Graham told Mrs. Fronville that when Council originally discussed the Com- mittee' s work, it was with the thought in mind of receiving a recommendation from them. He warned that public input might fog the issue, and it could easily be weighted. Mrs. Fronville replied that her committee wants to know if people have had good or bad experiences with LID' s in order to gain a broader view of the subject. They would also invite solutions to any problems stated. Discussion followed with various suggestions on procurement of public input, such as individual committee members contacting people for their reactions ; use of a questionnaire in a representative section of the community; use of a questionnaire in the water bill mailing, or an informational public meeting con- ducted by the Committee and dealing with all aspects of LID's. Mr. Eppley recommended that the report of the committee be presented to Council first before use of a questionnaire is considered. Mayor Graham asked Mrs. Fronville to relay to her committee the information re- ceived in this meeting and return to Council with their response. It was decided that the discussion of this matter will be continued at the Committee of The Whole meeting of March 30th. • Mayor Graham told Craig Hannum, Chairman of the Budget Committee, that Council will expect a report from his committee at a formal Council meeting. Mr. Hannum asked for some direction on how extensive the presentation should be. At this point Mr. Eppley said he felt it would be helpful to have dialogue ,from Council at this time without the constraints of a regular Council meeting. Mr. Hannum told Council that the direction given by the City Manager has been very good and that the members are dedicated to their task. He said the time spent in selecting members who are capable, willing people who can be a right-hand to the Council is valuable in gaining the respect of the community. Mr. Hannum said the action of the Budget Committee was not to accept or reject the PSO concept , but whether it should be included in this year' s budget. In answer to the Mayor's questions, Mr. Hannum said it was the opinion of the Committee that the City could not continue to provide present services with present revenue. He said the Com- mittee did not address to reduction of services in a 5-year projection program. 3) Public input - Citizens ' Advisory Committee. This item was set over until a re- port from the Committee is available, presumably by March 30th. 4) Storm Debris Discussion. Mayor Graham told Council it doesn ' t appear possible, in light of budget information provided, for the City to take care of debris removal . He said citizens will have to take care of their own . Mr. Eppley concurred, say- Committee of The Whole March 9, 1976 - page 2 ■ • 411 ing it would have to be a new program, and there are no funds available. Council- man Finnigan suggested exploring the matter on a fee basis or using a service club. He said burning dates could also be publicized in the Newsletter. Mr. Eppley said burning dates are publicized. Also, the fee program would be identical to Rossman ' s , and there would be no purpose in City doing it . Councilman Lafferty suggested that a charge be authorized by ordinance for removing brush, etc. piled in the right of way by homeowners. 5) Grimm's Fuel Company agreement. Mr. Eppley reviewed the action of the Design Review Board in regard to the Grimm' s Fuel Company proposal . It appears the Board favored the concept but felt that since there would be some impact on traffic patterns and the surrounding area, they would need additional information before proceeding fur- ther. Because a portion of the plan will necessitate Planning Commission review of zone changes, the Board recommended that Grimms proceed to the Planning Com- mission level first and then the Design Review Board will look at the total project. Councilman Finnigan distributed copies of a letter from Terry Faw, a resident of Fern Place. It was noted that Council also received copies of a letter from Marjorie Flenner, another resident of the area. Councilman Lafferty said it had been suggested to him by an attorney that it is pos- sible that Grimm' s could petition and, if necessary, force the City to vacate the dedicated roadway which passes through their property if they can prove it can never be used for a public road. Mr. Cox responded that, in his opinion, Grimms could not require City to vacate just by showing it won ' t be a public street. Vacation is always discretionary with a public body, he said, and he did not think it could be taken out of the street category and called public property for sale. He added that Council would probably have the right to tell Grimms to stop using it although there is an old resolution authorizing it . Councilman Lafferty said that if Grimms ' plan eliminated the bark dust and fuel oil operation and proposed something imaginative, he would favor vacating, but not otherwise. Councilmen Finnigan and Finch both favored a stricter agreement with Grimms which would set dates for eliminating the barkdust operation. Mr. Eppley said he will proceed on whatever basis Council directs. Mr. Cox concurred, saying he will present a binding agreement if Council so directs , and if Grimms refuse to sign ,Council can authorize him to file the necessary papers. Following lengthy discussion , Council directed the City Attorney to advise Grimms (1 ) that the barkdust dumping operation must be discontinued and that (2) the stored barkdust must be depleted. No dates will be specified for either condition, and Grimms will be asked for their recommendations in this regard. The City At- torney will report back to Council as soon as possible. 6) Gambling Ordinance. In regard to drafting a new gambling ordinance, Mr. Cox ex- plained that there are two choices. First , the concept that Lake Oswego does not want to authorize any gambling beyond that allowed by State law already could be used. The second choice would be to draft an ordinance incorporating the sugges- tions offered in the Elks letter of February 27th. Mr. Cox will draft such an ordinance for Committee of The Whole agenda of March 30th. 7) Constitutionality of Design Review Board Ordinance. Mr. Eppley commented briefly and asked Mr. Cox for a statement. It was the City Attorney's opinion that the Design Review Board ordinance is constitutional , but it approaches the limits. He said it may have to be proven in court some day, but he advised this is not the appropriate time to do it. Committee of The Whole March 9, 1976 - page 3 ■ 111 411 7a) Public Works Conditions on Design Review Bd. Decisions . Mr. Eppley referred to the Carter' s Market action and said he felt there was not the proper correlation between the application and the conditions imposed with its approval . He added that he and Mr. DeHaas had discussed the conditions with the property owners previous to the action , and there was no objection on their part. Mr. Eppley felt Council should talk about conditions and where they are appropriate. He stressed that there are times when Public Works conditions are quite necessary. Councilman Finch said he had trouble with correlation of the signing. He sugges- ted that possibly all sign applications should come before the Design Review Board. Discussion followed. Councilman Lafferty defended the sign ordinance, saying it has served the commu- nity well and has stood up in court. He felt that allowing the Design Review Board to act on signs would be adding another item on which the constitutionality of the ordinance could be challenged. The Committee recommended that (as an item of unfinished business on the March 16 Council agenda) the appeal of Ladd Estate, Inc. in this matter be upheld, and the Design Review Board approval of Conditions 2 through 6 be overruled. 8) Design Review Board Fees. Committee recommended adoption of the fee structure outlined by the Board in a letter from Chairman Tony Marquis dated February 18, 1976. • At this point Mayor Graham called attention to a letter he received from Sher Morton and June Howarth, describing their interest in the Transportation task force and requesting appointment thereto. Discussion followed with Councilman Kirkpatrick recommending Council discussion of the whole concept of membership in task forces since initially the membership was not to exceed 12. Councilman Henderson proposed that if members miss three meetings , they should be dropped from the committee. She recommended to the ladies that they attend the meetings regularly so that when there are vacancies to which they could be appointed, they will be prepared to serve effectively. Mayor Graham suggested that the chairman of the Transportation Task Force be in- vited to make recommendations since some members are missing meetings. The Committee recommended that Ms. Morton and Ms. Howarth be appointed to the Transportation Committee if and when spaces are available. 14) Task Force Appointments. Councilman Kirkpatrick told Council she checked with Walt Emery, the CAC representative on the Industrial Task Force, and asked for his recommendation for chairman of that committee. He indicated he felt the two strongest contenders would be Steven Pratt or Walter Durham. (Mr. Pratt has said he would not be able to accept. ) Councilman Finnigan reminded Council that the committee members had recommended John Smets, and he felt they should be good judges of his abilities. Mr. Smets told Council that he was nominated by Robert Rennie; the nomination was seconded by Walter Durham, and the committee approved. Committee recommended that Mr. Smets be appointed chairman of the Industrial Task Force; that John Collins be appointed chairman of the Transportation Task Force, and that Katherine Ericcson , Henry Germond and K. R. Michel be appointed members of the Energy Task Force. Committee of The Whole March 9, 1976 - page 4 — r 411 410 9) Library Ordinance. Committee recommended that Ordinance No. 1615, which relates to library operation and to the Library Board, be adopted. 10) City Beautification. Mr. Eppley reviewed the offer of the Lake Grove Garden Club to donate $800 toward a city beautification project of Council ' s choosing. Three suggestions were made as follows : 1 ) permanent trees in the concrete containers , as used at Christmas time; 2) planter boxes on key corners of the city, and 3) proj- ect with the individual merchants. The first two alternatives would require main- tenance by the City, and Mr. Eppley said it will be impossible for staff to take on the added work. Councilman Finch would like to see a planted median on "A" Avenue some day, and Councilman Finnigan suggested establishment of a trust fund to accumulate funds for such a project. Mr. Eppley said City is empowered to handle management of trusts. Councilman Henderson told Council that the Bi-centennial Committee is asking for funds to plant 200 trees in the area. She suggested sending a letter to the Lake Grove Garden Club, advising them of this project as an effective use of their money. She added that she would like to see a resolution passed commending the Club on past service to the City. It was agreed a letter will be sent over the Mayor' s signature and a resolution prepared commending the Club. 11 ) Mt. Park Fire Station Land Acquisition. Mr. Eppley reviewed the information on this item, including location and proposed cost of the property in Mountain Park. Council decided that no action was necessary since the price is less than that budgeted for this use in this fiscal year. 12) Council Policies. Due to the lateness of the hour and the number of agenda items yet to be handled , this item was deferred to the March 30th Committee of The Whole meeting. Councilman Kirkpatrick asked other Councilmen to offer any suggestions they might have in writing, in the interest of saving time at the meeting. 13) CRAG Citizen Involvement. Councilman Kirkpatrick referred to a letter from Jim Harris , chairman of the CRAG Citizen Involvement Committee, indicating they want to get CRAG information to citizen-based groups. They suggest City utilize its Citizens Advisory Committee, its neighborhood associations, or delegate the res- ponsibility to Council . Councilman Kirkpatrick recommended that materials go to the CAC and/or neighborhood groups after first coming through the Council . After discussion , it was decided material could go directly to either group, but response to CRAG should be channeled through Council . After reading the letter, Mike O' Brien recommended that the CAC should see the letter before any decisions are made, and bring a recommendation back to Council . It was so directed. 16) Green River Ordinance. Councilman Kirkpatrick said she asked to have this item on agenda because of complaints from merchants at the Village Shopping Center of sales- men approaching them. Often these are children selling candy. The City Attorney told Council the present ordinance was adopted in 1971 because of this same type of problem. Previously it only covered door to door salesmen. Re- garding the question of whether the ordinance is unconstitutional , he said it is al - most impossible to draw up a perfect ordinance to cover this type of problem, and it is sometimes best to have a discretionary ordinance. He asked Council if they have been satisfied with the current one, and they appeared to be. In answer to Committee of The Whole March 9, 1976 - page 5 411 Councilman Finnigan ' s question about Little League sales , etc. , Mr. Cox said it would be too cumbersome to attempt to list the ones allowed or to define the word "charitable". He will research the matter further and submit another report to Council . 15) Tualatin Valley Designation. Councilman Kirkpatrick told Council that if they are to send another letter to CRAG objecting to goals (or whatever) , it must be dealt with now. Mr. Eppley reminded Council that in their last meeting they expressed the desire to first see what impact the resources inventory might have before a line of influence is established. He called their attention also to the letter that Art Stevens directed to CRAG which addresses to the buffer concept already discussed. Also he called attention to a statement from the task force on Growth, Community Facilities and Services which says : "Pending further development of the Lake Oswego Comprehen- sive Plan, we recommend that the City Council uphold the urban services boundary as it is defined in the Clackamas County Comprehensive Plan and maintain the land in the drainage basin to the south (the Tualatin River drainage) as rural . Councilman Kirkpatrick posed the following questions for Council consideration : a) Are we willing to accept 100 units per square mile for rural density before any inventories are made? b) Are we willing to rush into boundary lines that speak to future urban growth in our area to the year 2000 before resource studies are complete? c) Are we willing to allow a rural pocket south of our community when West Linn and Wilsonville encroach on that same area from the east and west? d) Are we willing to sit back and let CRAG approve goals and objectives without fur- ther objections from us when we feel portions do not comply with LCDC? Councilman Kirkpatrick said there is need for a logical progression from urban to rural , not just a straight cut-off. She reminded Council that an interim development plan has already been requested by CRAG, and Lake Oswego should stick to that. She recommended telling CRAG they are going too fast too soon. It was decided that the hour was too late for presentation of the resources inventory. Mr. O' Brien felt it was in Lake Oswego' s best interest to hold development down in that area until 20 to 30 years from now when it would be desirable to urbanize it. He said Lake Oswego should take a position to hold down densities and tell West Linn , Tualatin , etc. , they should do that too. Council agreed. Mayor Graham reiterated his position that there should be some concern for the prop- erty owner. Mr. DeHaas commented on the drainage problems in the area and expressed concern that all the task forces are working with a different boundary line than was used in the studies on drainage, sewers, streets , etc. which is the same as the water rights line. Mr. Eppley recommended that , if Council elects to go with a rural designation , CRAG be requested not to put added pressure on Lake Oswego and to look at the same criteria as in surrounding cities. It was the consensus of Council that the rural designation be approved with the condition suggested by the City Manager. A letter will be direc- ted to CRAG over the Mayor' s signature. APPROVED BY COUNCIL: , Mayor Recorder Committee of The Whole March 9, 1976 - page 6