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HomeMy WebLinkAboutApproved Minutes - 1976-02-24 i February 24, 1976 A meeting of the Council Committee of The Whole was convened at 7:30 p.m. in City Hall. Present were Mayor Graham, Councilmen Cook, Finnigan, Henderson, Kirkpatrick and Lafferty, City Manager Don Eppley, City Attorney Jim Cox, and staff members. Councilman Finch was excused. Mayor Graham told Committee that Joe Worth of CH2M was present to address to Item 4 on agenda. He asked for approval to change the order of agenda and allow Mr. Worth's presentation at this time. There was unanimous agreement. 1) Councilman Cook said he shares the feeling of many people in the community that the real issue in the water bond matter is being side-stepped. He described the real issue as: Does this community have adequate water service at the pres- ent time? Councilman Cook expressed the opinion it does not. He said there are areas (including schools) which do not have adequate pressure to suppress a fire. The real question, as he stated it, is whether the proposed bond issue corrects these deficiencies in the present system. Councilman Cook stressed that expan- sion for a growing population is not the consideration. He challenged individuals or groups in the community to come forward with a better solution than that pre- sented in the CH2M study. Mayor Graham introduced Joe Worth at this time and asked him to answer briefly the questions posed by Mrs. Neely and the committee she heads, as presented at the February 17th regular Council meeting. Councilman Kirkpatrick said it should be emphasized that the presentation will be made as a courtesy to Mrs. Neely and not because Council has unanswered questions. Councilman Lafferty suggested that, since Mrs. Neely's questions were timed for utmost public exposure, it would be only fair for the press to fully and accu- rately record Mr. Worth's answers. Councilman Henderson said it is Council's obligation to answer any questions the public asks. Mr. Worth distributed material to the Council and then answered each question on Mrs. Neely's list. He also commented briefly on a memorandum entitled "Water Treatment Plant Expansion Design Report" dated May 23, 1975; use of the ASCE manual referred to in Mrs. Neely's presentation and a breakdown of costs on the total project. Answers to Mrs. Neely's questions, together with all other mater- ial referred to in this paragraph have been made a part of the permanent file on the bond issue. Councilman Finnigan asked if copies of ASCE Manual No. 45 are available. Mr. Worth said he would have copies provided to each Council member. Councilman Finnigan asked the City Manager if Council had seen the contract with CH2M before it was executed. Mr. Eppley replied that while Council had not been given copies of the contract, its contents were explained and execution by staff was authorized on April 15, 1975. Councilman Lafferty announced that the Chamber of Commerce Board of Directors went on record this date to unanimously support the water bond issue. • 110 410 Councilman Finnigan asked what the study committee recommended to the Executive Board which the Mayor and the City Manager sit on. (Mr. Eppley is not a voting member of the Board--acts in a liaison capacity only.) Mayor Graham answered that the Chamber Legislative Committee had prepared a resolution stating opposition to the $11 million bond issue, but after the Board weighed the facts and considered their own committee's report, they decided the proposal is necessary and worthwhile and voted unanimously to support it. 2) PSO Program. Mayor Graham read a letter from Councilman Finch who could not be present but who asked that this matter appear on agenda. The letter strongly urged Council to consider overriding the recommendation of the Budget Committee that the PSO Program not be included in the budget for fiscal year 1976-77. The Mayor explained that the Budget Committee felt City has enough financial problems and insufficient revenue to implement the program. If Council wishes to over- rule the recommendation, however, that is their prerogative. Councilman Henderson asked if all three recommendations of the Budget Committee will be considered at this time, or just the PSO Program. The Mayor replied that only the PSO Program would be considered at this time. Councilman Lafferty ex- plained that Councilman Finch's letter indicates he felt staff should know what direction Council would go on PSO so that they can proceed intelligently on the budget preparation. He added that this issue is the only one the Budget Committee was split on. Councilman Finnigan expressed concern with Councilman Finch's mention of the close vote on PSO. He pointed out that citizen members voted 4 to 2 in favor, and Council 3 to 2 in opposition to the motion not to include PSO in the upcoming budget. Councilman Finnigan upheld the Budget Committee's recommendation, saying if City is going to have committees, their recommendations should be honored. Councilman Kirkpatrick pointed out that three members of the Budget Committee were not present when the recommendation was made. She said Dave Lloyd went on record the week before in support of the tax base and the PSO Program. Councilman Kirkpatrick also said that Carlos Starling asked her to express his concerns at this meeting. He sees a definite need for the program based largely on the lack of per- sonnel which has caused periodic closure of the South Shore Fire Station. Also, it would benefit the majority of the people, thus Council should take a positive approach by presenting it to the voters for a decision. Councilman Henderson expressed respect for the views of the Budget Committee, say- ing they have given much time to deliberating the issue. She referred to the lay members as the "heart of the Budget Committee" since recommendations come back to the Council anyway. She asked the City Manager if going to the PSO Program will improve the City's fire insurance rating. Mr. Eppley replied that nothing can guarantee that the fire insurance will be better, but it won't suffer from implem- entation of the program, and PSO will probably at least maintain the rating where it is. He explained that manpower is only one small item on the check list used by the fire rating bureau. Councilman Lafferty stressed the fact that the majority of the citizen members felt the PSO Program had merit, and their vote only expressed opposition to its initia- tion this year. He felt, therefore that it is the responsibility of the Council to decide when it will be initiated. Councilman Lafferty said the projected savings to the community have been estimated at a half million dollars within five years, but there will be a start-up cost as with any new program. Without the program, however, it will be necessary to bolster both police and Eire. He approved the Committee of The Whole February 24, 1976 - page 2 initiation of a PSO Program this year, saying the sooner it is started, the better. Councilman Henderson agreed in part but said the real problem was could the City afford it at this time. She expressed concern about the intervening years before a saving would be realized from such a program. She added that City cannot even maintain its streets when there is an act of God such as the recent wind storm which has caused a clean-up problem due to fallen limbs, etc. Councilman Henderson said no one is disputing the merits of the program, just the cost. Councilman Cook asked what the alternative is. With no assurance the community will go above the 6% Limitation, it will be necessary to satisfy some priorities. Councilman Cook said if Council feels it is a high enough priority, then it is an advisable way (PSO) of increasing the manpower in the safety departments. Councilman Henderson asked how savings can be predicted five years hence. Council- man Cook replied that private business operates on expectations and City must also. He said the need is there for additional personnel, and it is simply a matter of how to do it. Councilman Kirkpatrick said it is Council's responsibility to iden- tify areas where there are needs and offer solutions--then let the voters decide. Councilman Finnigan said he has seen no attempt to pull back, and this can be ad- dressed to in the budgeting process. He took issue with police expansion and said alternatives have not been addressed to. He added that the climate is wrong now with the water bond election coming and recommended waiting until March 9 to make a decision. Mr. Eppley said the staff needs direction in order to proceed with budget prepara- tion. He asked for a vote of confidence on the PSO program so it can be included in the budget, explaining that the budget will not be ready until after March 9th and the program can be later withdrawn if necessary. Mayor Graham pointed out that the budget will then be $390,000 over expected reve- nues, and if Council does this they will be overriding the Budget Committee. Councilman Lafferty said the Budget Committee is second-guessing the community and that when the need has been demonstrated and benefits explained, the voters have normally supported serial levies, bond issues, etc. He recommended inclusion in the budget with the thought that much depends on what happens, with the ultimate decision to be made by the public. Moved by Councilman Lafferty; seconded by Councilman Kirkpatrick that the PSO Program be included in the proposed budget for fiscal year 1976-77. The motion passed with Councilmen Cook, Kirkpatrick and Lafferty voting "yes", and Council- men Finnigan and Henderson voting "no". Mayor Graham felt Council should have a formal report from the Budget Committee. This matter will be discussed further at a future meeting. 3) Wind Storm Problems. Mr. Eppley described the problems caused by the recent wind storm. There is some incidence of residents piling debris in the streets, thus requiring removal by the City. He told Council he would like some direction from them in this matter. In response to the City Manager's request, Jim Hattan distributed excerpts from the Code which address to this type of nuisance. He said that 90 percent of the people have not yet cleared their yards, and when they do the problem will be com- pounded. Mr. Hattan said calls indicate that the City has offered pick-up service Committee of The Whole February 24, 1976 - page 3 • • 411 in the past, but according to available records this was done only after the Columbus Day storm and perhaps a couple of times since. Mr. Hattan said pick-up service would cost $4500 a week, and it would take more than a week. Councilman Henderson asked if City could get help through the Manpower program which is federally funded through Marylhurst. This possibility will be investi- gated. Councilman Kirkpatrick asked if the City uses bark dust and whether it would be feasible to rent a chipper machine, grind the material and sell it to the Parks Department. Mr. Eppley said this suggestion can be explored. He said he will also be asking Rossmans if they are willing to offer a spring cleanup service to the community. The Mayor asked Mr. Eppley to gather information on rental of a chipper and the possibility of service by Rossman's for the next Committee of the Whole meeting. 4) Grimm's Agreement. Mr. Cox reported on his meeting with Mr. Winfree since Coun- cil last discussed this matter. He said there may be room for negotiation on the 3-year date for reducing the storage level of barkdust. He suggested that Council remember that whatever length of time is stipulated is immaterial because Grimms will either come up with a plan agreeable to everyone or there will be a court suit. He assured Council there is nothing illegal in the agreement. Mayor Graham reported on a conversation he had with Mrs. Marshall who told him that when the conditional use was allowed, there was no barkdust there. Mr. Cox pointed out that there was no conditional use granted, and the barkdust was there before the zoning ordinance went into effect. At some point in the past, of course, there was no barkdust, only slab and cord wood. Councilman Finnigan referred to a letter addressed to Jim Cox (by J. E. Lawrence) and received by the Planning Department on January 29th, which mentions that the operation changed from slab wood to bark dust over the years. He asked if barkdust is a fuel. Mr. Cox's opinion was that 99 percent of the barkdust used is for mulch and ground cover. He reiterated that if the plan submitted by Grimms is not to Council's liking, City will go to court if that is Council's decision. Councilman Lafferty said he had hoped the agreement would encourage Grimms to stop delivering barkdust to the location in question. His contention was that the opera- tion should be phased out and that Grimms could be competitive in Lake Oswego from their Tigard or Tualatin locations. He said he would vote for the agreement only if the barkdust operation is phased out in Lake Oswego. There was general consensus. Mr. Cox said the courts would have to decide whether or not the operation is a nuis- ance. He doubted Grimms would sign an agreement at this time to abandon the bark- dust use within a short period of time. He predicted a court action if this is done. Councilman Finnigan asked if Council could pass an ordinance establishing a fine for such a use. Mr. Cox replied that when a zoning ordinance is adopted, it is al- most mandatory that existing uses are entitled to continue, and Lake Oswego's ordi- nance recognizes grandfather rights. If an ordinance were passed now saying bark- dust cannot be delivered to this zone, it would constitute taking away grandfather rights. If that route is to be taken, the most direct approach is to say City dis- agrees with the use and take it to circuit court to decide the matter. Councilman Kirkpatrick said she would like to avoid a law suit, and Council should work on solutions before that route is taken. She referred to Grimms' letter of February 23rd which states they are trying to proceed with a satisfactory plan. She asked the City Attorney if there are any alternatives that have not been discussed. Committee of The Whole February 24, 1976 - page 4 1 i Mr. Cox reviewed the matter from its beginning. Following further Council dis- cussion, it was the consensus of Council to defer consideration of an agreement to the next Committee of The Whole meeting. 5) Willamette Interceptor Project. Mr. Eppley asked Marlin DeHaas to give a brief progress report on this project in light of the comments made by Marguerite Leche at the February 17th Council meeting. Mr. DeHaas said negotiations have been in progress for some time, and Mrs. Leche will not settle until the Oregon-Portland Cement easement is finalized. A contract will be let on the project on March 10, and it is proper to do so before all easements have been signed. He anticipated the Oregon-Portland Cement one will be settledin a few days, and then Mrs. Leche's will follow. Council has previously authorized institution of condemnation pro- ceedings should this action become necessary. Councilman Finnigan asked staff to try again to communicate with Mrs. Leche. Mr. DeHaas said his department is working through her attorney, and many problems are involved such as Greenway and Old Town considerations, etc. 6) Gambling Ordinance. The City Attorney distributed to Council copies of his memo- randum dated February 24th explaining City's present status with the repeal of the outdated ordinance and describing the complications involved in enactment of a new gambling ordinance. Under State law (as at present) "social games" are per- mitted in a private home only. State law, however, permits cities to authorize by ordinance "social games" in (1) a private business; (2) a private club, or (3) a place of public accomodation. A social game is defined as a game, other than a lottery, between players where no house player, house bank, or house odds exist and there is no house income from the operation of the social game. Mr. Cox told Council they should consider carefully the problems which could ensue were they to pass an ordinance permitting social games. He cited the problems of defining, limiting and enforcing the ordinance as well as the possibility of criminal acti- vity and corruption which tends to follow a gambling operation. Mr. Cox pointed out that Portland has had many problems with their ordinance authorizing the licensing of social games, one being the lack of resources and manpower to ade- quately investigate applicants and to police the operations. Director of Police Services Zane Wilson told Council his department would be faced with the identical problems with existing manpower commitments. Councilman Finnigan suggested that revenues from licensing operations should be able to offset the costs. Following further discussion, this matter was deferred to the next Committee of The Whole meeting. At this time Mr. Eppley asked for discussion on Mrs. Fronville's request to hold a public meeting to garner input for use of her LID committee. There was gen- eral consensus that this should not be done. Councilman Kirkpatrick felt it was a policy question; Councilman Lafferty suggested they conduct a survey instead; Councilman Finnigan opposed denying the committee access to the people but felt the procedure should be controlled. Mike O'Brien asked if this means the task forces, which are mandated to invite public input, would have to come to Council for permission. Councilman Henderson warned that a survey can be very misleading if questions are not presented properly. Councilman Lafferty retracted his former sugges- tion, saying he supports the CAC regulations. Councilman Finnigan suggested a procedure be established for all task force input, and Councilman Lafferty agreed. Committee of The Whole February 24, 1976 - page 5 0 This matter will be on agenda for the next Committee of The Whole meeting. The Citizens Advisory Committee will be asked to submit a recommendation on proce- dures for citizen input. Likewise, Mrs. Fronville will be invited to be present and brief Council on her plans for a requested public meeting. 7) Council Policies. This item will be scheduled for the next Committee of The Whole meeting. 8) Street Name Change-Main Street. Mr. Eppley explained that the majority of the residents of Main Street have asked that the name be changed to Red Cedar Way, and the Planning Commission recommends that Council take such action. Council concurred that the request was reasonable and, in line with State law, a public hearing will be advertised and an ordinance prepared for the next Council meet- ing, March 2. 9) CRAG Regional Framework Plan. Mr. Eppley asked for Council discussion on "sphere of influence" and "urban service area" boundaries. He asked Messrs. DeHaas and O'Brien to offer their comments first. Mr. DeHaas pointed out the various boundary lines shown on a map, including water rights boundaries, Tri-City Service District boundaries, Lake Oswego sewage drainage basin, etc. Mr. Eppley said the boundaries of a proposed transitional use must be definitive and reflect exactly what City thinks should happen, in order to be meaningful. Mr. O'Brien said that LCDC uses the term "urban service boundaries" instead of "area of influence" to indicate where municipal services will or will not be provided. He stressed that there are procedural steps to be taken in coming up with an urban service boundary, as required in the comprehensive plan, and if these are short- circuited, City's vote may be of no account. Mayor Graham said he is concerned about property owners being told what to do with their land and feels this is unjust. He said the people who make the rules have no responsibility for the results. Mr. O'Brien said Lake Oswego is in the position of being non-conformists and should produce evidence to submit in asking for another designation. He said CRAG is aware one of the real reasons Lake Oswego wants urban is that the County could not control land use and City would inherit the difficulties (under a rural designa- tion) . CRAG admits it is a legitimate problem. Councilman Lafferty asked what we see as being eventually annexed to the City, and Mr. O'Brien said everything within our urban service boundaries. Mr. Eppley told Council he would like to have some idea what they see as City's ultimate sphere of influence and what they would like to do about the rural designation. Mr. DeHaas said his department, the Planning Department, the Resources Inventory, etc. are all using different sphere of influence lines. Councilman Kirkpatrick said the lines were set in the Community Goals & Objectives, but Mr. O'Brien dis- agreed. Councilman Lafferty said he feels City should abide by the line estab- lished by the Goals & Objectives. Mr. O'Brien suggested submitting to CRAG what Council feels the designation should be and what boundary line should be used for study purposes. Councilman Lafferty felt time should be taken for presentation of the land use inventory and the popu- lation study first. Councilman Finnigan recommended acceptance of the CRAG desig- Committee of The Whole February 24, 1976 - page 6 411 nation of rural. Following further discussion, the matter was set over to the next Committee of The Whole meeting. Mayor Graham announced that Tri-Met is planning to commence, in May, their con- struction of a transit station at the State Street and "A" location. Councilman Kirkpatrick told Council she has been appointed to the NLC Committee on Human Resources. City Recorder APPROVED BY COMMITTEE: Mayor Committee of The Whole February 24, 1976 - page 7