HomeMy WebLinkAboutAgenda Packet - 1994-05-03CITY COUNCIL
A4ioe L Sch/enAer, Mayor
Marr Pashas, Cimme i President
]Mike JA[derson
Nevar Chrdsrno"
Bili !`Iodopsin
Bob June
Bifid ilia- mmer
1. C AIA , TO ORDER
n. ROLL CALL
M. CONSENT ACIENDA
A. REPCRT,
CITY COUNCIL
REGULAR MEETING
AGS'
Tuesday, May 3, 1994
City Council Chambers
380'A'Avenue
I . Acceptance of .easements by the City Manager ............................1
a. Waterline easements along Arrowhead Court
Patton, Tax Map 21E 8DD, Tax Lot 1100
Dwyer,Tax Map 21E 8DD, Tax LDt 1000
Coghill, Tax Map 21E 8DD, Tax Lot 900'
Linville & Dorris, Tax Map 21E 8DD, 'Tax Lot 700
Francis, Tax Map 21E 8DD, Tax Lot 1700
Gernert, Tax Map 21E 8DD, Tax Lot 1800
Gernert, Tax Map 21 8DD, Tax Map 800
b. Dedication of right of way for Mercantile Plaza
Lindstrom, Tax Map 21E 8BC, Tag Lot 1300
C. Dedication and maintenance easement for
STEP system - Kelly, 1990 Ridgewood
Tax Map 21E 9BC, Tag Lot 4900
ACTION: Information only.
Council .Agenda Follow -Up
May 3, 1994
Page 1 of 4
2. Award bid for multiple site nmstintenance contract.....................5
ACTION: Award bid to Seagraves Landscape Services for
$60,214.00.
FOLLOW-UP: Pub. Wks. - Notify bidders
- Execution of contract
E. ORDINANCES
1. 2093, a general ordinance of the City Council of ........................9
the City of Lake Oswego amending LOC Chapter
20 (Licenses) regarding Special event Permit
Applications.
ACTION: Approve for first. reading. (If approved, second reading
will be held May 17, 1994.)
FOLLOW-UP: Recorder - Schedule 2nd reading for 5/17
2. 2095, a general ordinance of the City Council of ......................13
the City of Lake Oswego amending
LOC Chapter 39. (Systems development Charges)
to provide for City collection of charges imposed
by other service providers within the City limits
pursuant to agreement, and to incorporate
amendments to State law.
AC'T`ION: Approve for first. rending. (If approved,
second reading will be held May 17, 1994. )
FOLLOW-UP: Recorder -Schedule 2nd reading for 5/17
rer mwn.a.rws� s.r®�imooe rmma
C. APPROVAL OF T1UNUTES
1. April 5, 1994, regular meeting........................................................21
All City Councilors present.
2. April 18, 1994, briefing..........................................................37
Present: City Councilors Anderson, Puskas, Klammer,
Chrisman, June, and Holstein. Excused: Mayor
Schlenker.
ACTION: Approve as written.
3. April 25, 1994, briefing.....................................................................41
All City Councilors present.
ACTION: ALL MINU'T'ES APPROVED
FOLLOW-UP: Recorder - Execution of minutes
- Distribut_ on of copies
Council Agenda Follow -Up
May 3, 1994
Page 2 of 4
O. RESOLUTIONS
94-20, a resolution of the City Council of Lake Oswego
approving the Local Agency Agreement - Enhancement
Programa Project with the Oregon Department of
Transportation. This resolution allows the City to enter into
an agreement to receive $600,000 from Intermodal Surface
Transportation Efficiency Act USTEA) funds.
ACTION: Adopt resolution.
FOLLOW-UP: Recorder - Execution of refwlution
- Execution of agreement
� n
City Eng. - Transmit to State for signature
COMMENTV. CITIZEN
Bill Atherton, regarding cancellation of House, Senate,
and Metro Candidates.
V1. ITEMS REMOIVED FROM THE CONSENT AGENDA - None
V11. BUSINESS FROM THE COUNCIL
A. Intergovernmental activities report (oral).
1. 1.6/217 interchange improvements.
2. Update on Metro 2040 Plaza
3. Clackamas County Regional Arts Council
4. Councilor June resigned from City Council effective May 31
FOLLOW-UP: Recorder -Schedule discussion of
replacement for Monday briefing
5, MACC update from. Councilor ]Klammer
FOLLOW-UP: Recorder -Schedule special segment for 6/21
S. Bonneville Power Administration, Councilor Holstein
FOLLOW-UP: Recorder -Schedule special
segment for 5/17
Council Agenda Follow -Up
fay 3, 1994
Page 3 of 4
7. State Street By -Pass
FOLLOW-UP: Recorder - Schedule update on costs for future
Pub. Wks - Prepare report on costs
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a..
B. Councilor Anderson - Inquiry on silhouette painted on
Stafford
FOLLOW-UP: City Mrg - Report, back
B, Appointment to HistoricReview Board..................................................45
ACTION: APPOINTED VON K. WATSON,'1E11;M ENDING
1131195
FOLLOW-UP: CMO Sec. - Notify applicants
- Notifl 11.'RB staff and chair
mnerr-.c rasmis.smreeaer�.rreirsr®mrwri�arro®m�ssn
C. Request for waiver of the Plans Review Fee for Phase V of the
Cherry Lane Improvement Project from the Glenmorrie Water
District
AC'I"IOA': APPROVED - EXCEP'TION - ONE TIME ONLY
F"OI.LOW i1P: Publ. Wks - Proceed with project; waive fee
PROPER.'ff (PURCHASE
ACTION: Approved property purchase on Stafford Road
FOLLOW-UP: Attorney - Complete necessary documents
City Mr'v. - Execution of escrow documents
VIII. REPOWI"S OF OFFICERS
A. City Manager
B. City Attorney
IX. EXECUTWE SESSION
X. ADJOURNMENT
m: \ agenda„\ follow \6.3-94
Council Agenda Follow -Up
May 3, 1994
Page 4 of 4
TO: Mayor Alice L. Schlenker and Members of the City Council
FROM: Ii °it ti Hite*
clk, City Recorder
r
SUITWECIC A.dditiom; to the May 3, 1994 City Council Agenda
DATE: 3 May, 1
Please acid the attached resolution to your agenda packet following page 44:
M. CONSENT AGENDA
D. RESOLUTIONS
94-20, a resolution of the City Council of Lake Oswego approving the
Local Agency Agreement e Enhancement Program Project with the
Oregon Department of Transportation. This resolution allows the City
to enter into an agreement to receive $800,000 from Intermodal Surface
Transportation Efficiency Act (ISTEA) funds.
ACTION: Adopt resolution.
CITY OF LAKE OSWEGO
AGENDA CHECK LIST
M FETING DATE: May 3, 1994
SUBJECT: Resolution 94-20, a resolution of the Cityy Council of the City of Lake Oswego
a proving a Lacal Agency Agreement- nhancement Program Project with the
Oregon Department of Transporation.
ISSt;,'E: Should the Cit Council adopt Resolution 94-20 approving the Local
Enhancement �rogram Project and authorizing; the City Engineer to execute the
necessary agreement?
OPTIONS: L Adopt Resolution 94-20.
2. Do not adopt Resolution 94-20.
3. Pull from Consent and discuss.
RECOMMENDATION-. Option #1
DEPARTMENT OF ORIGIN: Capital Improvements
FISCAL IMPACT: $ N/A
NO'T'ICED (Date): N/A
—
PREVIOUS COUNCIL CONSIDERATION
EXPENDITURE: $ REVENUE: $ _.
(Date(s)i: N/A
r L-DGETED?
ACCOUNT #
ATTACHMENTS:
Re--.,lution 94-20
Would the adoption or implementation
fulfill an identified City Council goal, past
or present? Yes
Is this a policy for inclusion in the City's
policy manual?
Yes No X
RESOLUTION 94-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO
APPROVING A LOCAL AGENCY AGREEMENT ENHANCEMENT PROGRAM
PROJECT WITH THE OREGON DEPARTMENT OF TRANSPORTATION
WHEREAS, the Citv applied for an lntermodel Surface Tr-�nsportation 1:1'fi� icncy Act of 1991
(1STEA) grant from the Oregon Department of Transportation for the purpow of improvements
to the extension of the Trolley Lane south into Lake Oswego; and
WHEREAS, the grant has txen approved and ODOT has submitted the agreement attached as
Attachment A; and
WHEREAS, the City Council desires to enter into the agreement and proceed with he project.
BE IT RESOLVED by the City Council of the City of Lake Oswego that the Local Agency
Agreement Enhancement Program Project attached as Attachment A is hereby approved, and (11,11
City Engineer Jerry Baker is authorized to execute the agreement on behalf of the Citv.
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego
on the -- day of V � _--, 1994.
AN'E: S:
NOES:
EXCUSED:
.ABSTAIN:
Alice L. Schlenker, Mayor
ATTEST
Kristi Hitchcock, Pity Recorder
' , City Attorney
RESOLUTION 94-20
Page I
ATTACHMENT A
Misc. Contracts & Agreements
No. 11,883
LOCAL AGENCY AGREEMENT
ENHANCEMENT PROGRAM PROJECT
THIS AGREEMENT is made and entered into by and between the STATE OF
OREGON, acting by and through its Department of Transportation,
hereinafter referred to as "State"; and the CITY of: LAKE OSWEGO, a
municipal corporation of the State of Oregon, acting by and through
its City Officials, hereinafter referred to as "Agency".
1. By the authority granted in ORS .190.110, 366.770 and 366.775,
State may enter into cooperative agreements with counties, cities
or units of local government for the performance of work on certain
types of improvement projects with the allocation of costs on terms
and conditions mutually agreeable to the contracting parties.
Under provisions of the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA), Oregon is required to set aside
federal funds for projects to address transportation enhancement
activities.
3. Under said provisions, Agency plans and proposes to extend an
existing trolley line south through the City of Lake Oswego,
'-iereinafter referred to as "Project". The location of the Project
is approximately as shown on the sketch map attached hereto, marked
exhibit A, and by this reference made a part hereof.
4. The Project shall be conducted as a part of the Enhancement
Program under Title 23, United States Code, and the Oregon Action
Plan. All federal. aid projects must have a minimum financing of 50
r,ercent federal funds. The project will be financed with
Enhancement funds at approximately 90 percent Federal, with Agency
providing for P.E. and the approximate 10 percent match, and at no
expense to State.
5. The parties agree that this project is subject to the
)1.lowing conditions:
A. Enhancement funds may be used for all phases of the
project, including preliminary engineering,
right-of-way, utility relocations and reconstruction.
Agency shall be responsible for accounting for ex-
penditure of. said funds.
TROLLY . ENC
M C & A No. 11,883
CITY OF LAKE OSWEGO
B. State shall submit a program to FHWA and/or FTA (if
required) with a request for, approval of federal -aid
participation in all engineering, right-of-way
acquisition, eligible utility relocations and
construction wo:-}: for the project. NO WORK SHALL
PROCEED ON ANY ACTIVITY IN WHICH FEDERAL --AID
PARTICIPATION IS DESIRED UNTIL SUCH APPROVAL HAS BEEN
OBTAINED. The program shall include services to be
provided by State, Agency or others. Stage shall
notify Agency in writing when authorization to proceed
has been received from the FHWA and/or FTA.
C. In the event that Agency elects to engage the services
of a consultant to perform any of the work covered by
this agreement, Agency and Consultant shall enter into
an agreement describing the work to be performed and
the method of payment. State shall concur in the
agreement prior to the beginning of work. No
reimbursement shall be made using federal. -aid funds for
any costs incurred by such Consultant prior to
receiving authorization from State to procend.
D. Agency, o: its consultant, shall conduct the necessary
preliminary engineering and design work required to
produce final plans, specifications and cost estimates;
purchase all necessary right--of-way; obtain all
required permits; arrange for all utility relocations
or construction; perform all construction engineering
and make all contractor payments required to complete
the project.
E. State and Agency agree that the minimum design
standards shall be the recommended AASHTO Standards,
unless otherwise requested by Agency and approved by
State.
F. State shall review and approve all environmental
statements, preliminary and final plans, and all
specifications and cost estimates. State shall. prepare
contract and bidding documents, advertise for bid
proposals, and award all contracts.
G. Agency shall compile accurate cost accounting records.
Agency shall bill State, in a form acceptable to State,
no more than once a mono:, for costs incurred on the
project. State will reimburse Agency at approximately
90 percent of the billing amount, not to exceed
2
M C & A No. 11,883
CITY OF LAKE: OSWE:GO
$800,000. The cost records and accounts pertaining to
the work covered by this agreement shall be retained by
Agency for inspection by representatives of the State
for a period of three (3) years following final
payment. Copies shall be made available upon request.
H. All costs incurred by State in co -vection with any
phase of project will be charged to said project.
1. On all construction projects where State is a signatory
party to the contract, and where Agency is doing the
construction engineering and project management-, Agency
agrees to accept all responsibility for and defend
lawsuits involving tort claims, contract claims, or any
other lawsuit arising out of the contractor's work or
Agency's supervision of the project.
,1. Agency Shall. be responsible for all. project costs in
e.:cess of that amount eligible for federal
reimbursement. Said excess funds shall consist of
Agency's matching funds plus an additional 1.0 percent
of Engineer's estimate to accommodate construction
bids.
K. Agency agrees to comply with all applicable State,
Federal, and Local laws, rules, regulations and
ordinances, including but not limit:.ed to those
pertaining to Civil Rights.
Z:. Agency shall, -upon completion of project, maintain and
operate the project at its own cost and expense and at
a minimum level that is consistent with normal
depreciation and/or service demand.
M. Agency shall maintain and account for the federal
and/or state financial interest in project property and
assets.
N. Agency shall, as a condition to the execution of this
agreement, complete and file with the appropriate
county clerk, an Acknowledgment of Federal Assistance
which is attached hereto as Exhibit 11, and by reference
made a part hereof. Agency agrees to repay the Federal
competent jurisdiction to be due and owing the federal
government due to Agency's activities pursuant to this
agreement.
3
M C & A No. 11,883
CITY OF LAKE OSWEGO
O. The contractor, its subcontractors, if any, and all
employers under the Oregon Workers' Compensation Law,
shall comply with ORS 656.01?, which requires them to
provide workers' compensation coverage for all their
subject workers.
P. If as a condition of assistance the Agency has
submitted and the U.S. Department of Transportation has
approved a Minority Business Enterprise Affirmative
Action Program which the Agency agrees to carry out,
this affirmative action program is incorporated into
this financial assistance agreement: by reference. That
program shall be treated as a legal obligation and
fatlure to carry out its terms shall be treated as a
violation of this financial assistance agreement. Upon
notification to the Agency of its failure to carry out
the approved program, the U.S. Department of
Transportation shall impose such sanctions as noted in
Title 49, Code of Federal Regulations, Part 23, Subpart
E, which sanctions may include termination of the
agreement or other measures that: may affect the ability
of the Agency to obtain future U.S. De0artment of
Transportation financial assistance.
�. The parties hereto agree and understand that they will
comply with all applicable statutes and regulations,
including but not limited to Title 49 CFR, Parts 23 and
90, Audits of State and Local Governments; Title 4.1,
USC, Anti --Kickback Act; Title 23, USC, Federal -Aid
Highway Act; 42 USC, Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1987;
provisions of Federal -Aid Policy Guide (FAPG), Title
23 Code of Federal Kequiations (23 CFR) 1.11, 130, and
140; and the Oregon Action Plan.
R. Agency certifies by signing this agreement that:
1) No Federal appropriated funds have been paid or
will, be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to
influence an officer or employee of any Federal
agency, a Member of Congress, an officer- or
employee of Congress, or an employee of. a Member of
4
M C & A No. 11,883
CITY OF LAKE OSWECO
Congress in connection with the awarding of any
Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into
of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or
cooperative agreement.
2) If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer
or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall
complete and submit Standard Form I.LL, "Disclosure
Form to Report lobbying", in accordance with its
instructions.
.3) The undersigned shall require that the language of
this certification be included in the award
documents for all subawards at all tiers (including
subgrants, and contracts and subcontracts under
grants, subgrants, loans, and cooperative
agreements) which exceed $100,000, and that all
such subrecipients shall certify and disclose
accordingly.
This certification is a material representation of
fact upon which reliance was placed when this
transaction was made or entered int.o. Submission
of this certification is a prerequisite for making
or entering into this transaction imposed by Section
1352, U. S. Code. Any person who fails to file the
required certification shall be subject to a civil.
penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Agency shall enter into and execute this agreement. during a duly
authorized session of its City Council or by City Council
authorized signature.
5
M C & A No. 11,883
CITY OF LAKE OSWEGO
The parties agree that this agreement shall become null and void if
the funds for this project are not obligated for construction
within 2 calendar years after the date of Oregon 'Transportation
Commission approval.
IN WITNESS WHEREOF, the parties hereto have spat their hands and
affixed their seals as of the day and year hereinafter written.
This project was approved under delegated authority from the Oregon
Transportation Commission on January 20, 1993 as part of the
Six -Year Highway Improvement Program.
The Oregon Transportation Commission, by a duly adopted delegation
order, authorized the State Highway Engineer to sign this
agreement for and on behalf of the Commission. Said authority has
been further deleciated to the Program Services Manager pursuant to
Subdelegat..ion Order No. HWY--6 paragraph 11.
APPROV REC 1!' DED STATE OF OREGON, by and through
its Department of Transportation
gY-- �-
Regio Manager
By
APPROVED AS TO
LEGAL SUFFICIENCY
Asst. Attorney Genera
APPRQu'p- S TO
I.EGAff F I EP'
City Courixel
Program Services Manager
Date _
CITY OF LAKE OSWEGO, By and
through its City Officials
By
City Engineer
Date
6
EXHIBIT g
ACKNOWLEDGMENT OF FEDERAL ASSISTANCE
The property and assets under the jurisdiction of City of Lake
Oswego were improved with assistance from the United States
Government, under an agreement executed between I.aake Oswego and
the Oregon Department of Transportation dated October 5, 1993.
Such assistancc, was provided to Lake Oswego in reimbursement of
costs associated with the extension of the existing trolley line
south through the city limits.
The use and disposition of said
property is subject
to the
terms of
the above noted agreement, copies of which may be obtained
from the
Director, Oregon Department of
Transportation and
is also
subject
to 49 CFR Part 18 which may be
obtained from the
Federal
Highway
Administration, U.S. Department
of Transportation,
400 7th
Street,
S.W., Washington D.C. 20590.
By
Title .
SUBSCRIBED and SWORN to before me this _ day of Y_, 19_
NOTARY PUBLIC :JR OREGON
My commission expires .
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TROLLEY
LAKE OSWEGO
TROLLEY EXTENS!ON
Rt .. e.e y F•�' tcne
sit to SOUTH TROLLEY EXTENSION
PROJECT LOCATION
I=YWIQIT 'A'
C1ii'r-®rMA,
Alice G. Seldeaker, Mvw
Mary ,Pashas, CoxxcU PhestdeW
Mike Anderrax
Heather Ckrlsman
MU RaWrin
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BW Mam~r
CITY COUNCIL
REGULAR MEETING
AGENDA
Tuesday, May 3, 1994
5:30-7:00 p.m., Candidate
Interviews
7:00 p.m., Regular Meeting
City Council Chambers
380 'A' Avenue
This meeting is in a handicapped accessible location. For any special
accommmrlations, please contact the City Recorder, 635-0236, 48 hours
,r.-ior to the meeting
I. ROLL CALL.
H. CALL TO ORDER
M. CANDIDATE INTERVIEWS
5ZO-6:15 State House of Representatives Candidates
6:15.7:06 State Senate Candidates
I. CALL TO ORDER
H. ROLL CALL
City Council Agenda
May 3, 1994
Page 1 of 4
M. CONSENT AGENDA
The consent agenda allows the City Council to consider items that
require no discussion. The City Council makes one motion covering all
items included. An dent may only, be discussed if it is pulled from the
consent agenda.
A. REPORTS
1. Acceptance of easements by the City Manager ............................1
a. Waterline easements along Arrowhead Court
Patton, Tax Map 21E 8DD, Tax Lot 1.100
Dwyer, Tax Map 21E 8DD, Tax Lot 1000
Coghill, Tax Map 21E 8DD, Tax I.ot 900'
Linville & Norris, Tax Map 21E 8DD, Tax Lot 700
Francis, Tax Map 21E 8DD, Tax Lot 1700
Dernert, Tax Map 21 E 8DD, Tax Lot 1800
Deranert, Tax Map 21 8DD, Tax Map 800
b. Dedication of right of way for Mercantile Plaza
Lindstrom, Tax Map 21E 8BC, Tax Lot 1300
C. Dedication and maintenance easement for
STEP systema .Kelly, 1990 Ridgewood
Tax Map 21E 9BC, Tax Lot 4900
ACTION: Information only.
2. Award laid for multiple site maintenance contract.....................5
ACTION: Award bid to Seagraves Landscape Services for
$60,214.00.
B. ORDINANCES
1. 2093, a general ordinance of the City Council of ....................„..9
the City of Lake Oswego amending LDC Chapter
20 UAcensess) regarding :special event Permit
Applications.
City Council Agenda
May 3, 1994
ACTION: Approve for first reading. (,If approved, second reading
will be held May 17, 1994.)
Page 2 of 4
2. 2095, a general ordinance of the City Council of ......................13
the City of Lake Oswego amending
LOC Chapter 39. (Systeme development Charges)
to provide for City collection of charges imposed
by other @er-vice providers within the City limits
pursuant to agreement, and to incorporate
amendments to State law.
ACTION: Approve for first reading. (If approved,
second reading will be held May 17, 1994.)
C. Al"PR.OVAL OF MINUTES
Council policy is that a "yes" vote on the consent agenda for
minutes inditvtes either approval if the City Councilor war;
present; or, if the City Councilor was excused fromthe meeting,
an abstention.
1. April 5, 1994, regular meeting........................................................21
All City Councilors present.
ACTION: Approve as written.
2. April 18, 111 4, briefing .....................................................................37
Present: City Councilors Anderson, Puskas, Klammer,
Chrisman, June, and Holstein. Excused: Mayor
Schlenker.
ACTION: Approve as written.
3. April 25, 1994, briefing .....................................................................41
All City Councilors present.
ACTION: Approve as written.
MOTION ON CONSENT AGENDA
ROLL CAVI. VOTE
V. CITIZEN COMMENT
The purpose of citizen comment is to allow citizens to present
information or raise an issue regarding items not on the agenda. A
time limit of five minutes per citizen shall apply.
VI. ITEMS REMOVED FROM THE CONSENT AGENDA
City Council Agenda
May 3, 1994
Page 3 of 4
Neill. BUSH4ESS FROM THE COUNC ,
This agenda item provides an opportunity for Councilors to bring my
iters before the Council for consideration. Each Councilor will be given
five minutes for their use.
A. Intergovernmental activities report (oral).
1. 1-5121.7 interchange improvements.
2. Update on Metro 2040 Plan
3. Clackamas County Regional Arts Council
B. Appointment to Historic Review Board..................................................45
C. Other business.
VIII. REPORTS OF OFFICERS
W. City Manage,r
B. City Attorney
IK. EXECUTIVE SESSION
X, ADJOURNMENT
l
i
For a recap of actions from the Council meeting, call HELLO -LO Wednesday morning
after 9;36 a.m., 635-1952
i Aristi\agendas\5.3-94
City Council Agenda
May 3, 1994
Page 4 of 4
SCHEDULED
MAY 3 & 4.1 1994
AT CITY HALL
HAVE BEEN
CITY OF LAKE OSIVEGO III w A - l -c
AGENDA CHECK LIST 5/3/94
S EET'ING DATE: 1VIa�r 33,
S!1'BTP(-- : Acceptance of easements to the City of Lake Oswego: A) Waterline easements
along Arrowhead Court: Patton, 'Tax Map 21E 8DD, Tax Lot 1100; Dwyer, Tax
Map 21E 8DD, "Tax Lot 1000; Coghill, Tax Mag 21E 8DD, Tax Lot 900; Linville &
Norris, Tax Map 21E 8DD, Tax Lot 700; Francis, Tax Map 2'I E 8DD, Tax IAA 1.700;
Bernert, Tax Map 21E 8DD, Tax 1,ot 1800; Eernert, Tax Mals 21 8DD, Tax Map 800;
E) Dedication of right of way for Mercantile Plaza, l indstrom, Taxi Map 21E 8130,
TRX Lot 1300; C) Dedication and maintenance. easement for STEP system -
Eelly, 1990 Ridgewood Tax Map 21E 9BC, Tax Lot 4900
ISSUE; Information only. No Council action required.
OPTIONS: N/A
RECOMMENDATION: Accept report.
1_"iEPA,RTMENT" OF ORIGIN: City Manager
FISCAL IMPACT: N/A -
NOTICED (Date): N/A
EXPENDITURE:
PREVIOUS CITY COUNCIL
REVENUE $
CONSIDERATION N/A
Would the adoption or implementation
BU,I>GET'ED? YES NO
ACCOUNT
fulfill an identified City Council goal, past
1)r *resent: No
Is this a policy for inclusion in the City's
ATTACHMENTS:
policy manual? Yes No XX
A rid, 1994 memorandum
k: \ kri --b \ farms \ ch -ease
XCINGNAD
TO: Douglas J. Schmitz, City Manager
FROM: lKristi Hiitc k, City Recorder
SUBJECT: Acceptance of Easements and Dedication of night% of Way
HATE: 27 April, 1994
The City Council authorized the City Manager to accept easements and dedications
for the City of Lake Oswego. The City Manager has accepted the following
easements and dedications on behalf of the City:
a. Waterline easements along Arrowhead Court
Patton, Tax Map 21E 8DD, Tax Lot 1100
Dwyer, Tax Map 21E 8DD, Tax Lot 1000
Coghill, Tax Map 21E 8DD, Tax Lot 900°
Linville & Norris, Tax Map 21E 8DD, Tax Lot 700
Francis, Tax Map 21E 8DD, Tax Lot 1700
Bernert, Tax Map 21E SLID, Tax Lot 1800
liernert, Tax Map 21 8DD, Tax Map 800
b. Dedication of right of way for Mercantile Plaza
Lindstrom, Tax Map 21E SBC, Tax Lot 1300
C. Dedication and maintenance easement for
S'T'EP systems. - Melly, 1900 Itidgewood
Tax Map 21E 9130, Tax Lot 49M
k. Ariat.iWorms \,x-ease.doe
91
CITY OF LAKE OSWEGO III - A - 2
AGENDA CHECK LIST 5/3/94
MEETING DATE: Mav 3, 1994
SUBJECT: Consideration of Bid Award for Multiple Site Maintenance Contract.
'ISSUE: Should the City Council award bid to Seagraves Landscape Services for $60,2147
OfYTIONS: 1. Award to lowest bidder.
2. Reject all bids.
3. Remove from Consent Agenda and discuss.
RECOMMENDATION: Option #1
DEPARTMENT OF ORIGIN: Maintenance Services.
FISCAL IMPACT: $ 60,214_
-
NOTICED (Lute): N/A
PREVIOUS COUNCIL CONSIDERATION
F—XPENDITURE: $ 60,214 _ REVENUE: �
[Date(s)]: N/A
BUDGETED? Yes
ACCOUNT #Water fund, Library fund, Street fund,
Parks and Recreation fund.
ATTACHMENTS:
Would the adoption or implementation
Garv, Wray memo of 21 April 1994
fulfill an identified City Council goal, past
or present? N/A
Is this a policy for inclusion in the City's
policy manual?
Yes No X
A • 3 XIM \AGfi'v'DACK DOC
5
MEMORANDUM
To. TQM COFFEE, ASSISTANT CITY MANAGER
From: GARY WRAY, PURCHASING AGENT
Date: APRIL 21, 1994
Subject: SID AWARD FOR MULTIPLE SITE LANDSCAPE MAINTENANCE
CONTRACT
K •�
,approve bid award for contract to maintain various landscaped sites around the
City.
This is an annual contract to cover basic routine maintenance needs for 12
Water Department sites, the Lake Oswego Public Library, Kruse Way right of
way, 5 open space sites and 21 landscaped City beautification sites mostly
located in street rights of way. The scope of the contract has been expanded
from previous years to address increases in maintenance associated with growth
and development. The contract is administered and supervised by the
Maintenance Department.
The contract was advertised March 10, 1994. Two bids were received as
follows:
Seagraves Landscape Service $60,214.00
Eastman Landscape, Inc. $99,356.00
It is recommended that the City Council award contract to the lowest bidder
Seagraves Landscape Services. Seagraves Landscape Service has held the
contract since 1987 and has performed satisfactorily.
CITY OF LAKE OSWEGO
AGENDA CHECK LIST
Meeting Date: Mai+ 3, 1994.
III - B - 1
5/3/34
SUBJECT: Ordinance No. 2093, A general ordinance of the City Council of the
City of Lake Oswego amending LOC Chapter 20 (Licenses) regarding
Special Event Permit Applications.
ISSUE: Should the Council amend the City Code to change the permit
application review for special event permits from 10 to 45 days?
OPTIONS: 1. Hold first reading of ordinance.
2. Modify ordinance.
3. Reject ordinance.
RECOMMENDATIONS: Adopt Option 1.
DEPARTMENT OF ORIGIN: City Attorney/Public Works
FISCAL IMPACT
EXPENDITURE $
REVENUE
BUDGETED? YES NO
ACCOUNT #
NOTICED (Date): April 14`1994.
PREVIOUS COUNCIL CONSIDERATION:
N_ /A
ATTACHMENTS: Would the adoption or implementation
fulfill an identified City Council goal,
1. Ordinance No. 2093. past or present's
N/A
Is this a policy for inclusf,on in the
City's policy manual? Yes __ No X .
1,
OPO AQencia.Laf
J
to
ORDINANCE NO. 2013
A GENERAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSVIEGO
AMENDING LOC CHAPTER 20 (LICENSES) REGARDING SPR-CIAL EVENT PERMIT
APPLICATIONS
The City of Lake Oswego ordains as follows:
6*sctlon 1.: LX' 20.06.520 shall be amended by deleting the text
shown by otri#e--eta and adding the new text shown in redline as
fol lbws. :
20.06.520. Application Content3.
An=te application for a+4;h-- permit shall be filed at least
—+forty-five (45) days prior to the date of the event. All
applications shall contain: ai":
(1) The name and address of the applicant.
(2) The name and address of all promoters, employees,
entertainers and organizers of said event.
(3) The location, date and time said event is to be held.
(4) The number of people expected to attend such event and
the maximum number of people the organizers of the event are
prepared to accommodate.
(5) Information concerning the extent of parking facilities
-i-ehich are available for the expected turnout and detailing all
_raffic control procedures which have been adopted to handle
=raffic problems which might arise.
(6) Information describing the type and extent of sanitary
acilities which are available at the location of the event.
(7) A description of the area surrounding the location and
she distance to the nearest residence or residential area.
(S) Copies of plans for any anticipated construction of
structures to be erected for the event, or copies of written
approval by the proper city or county authority for any existing
*ructures erected for the event.
(9) A statement that applicant is bondable if so required.
(10) Any other information reasonably required by the City
1_nager concerning the anticipated event. (Ord. No. 1448, Sec. 3;
section 2. Severahih lite. The provisions of this ordinance are
averable. If any portion of this ordinance is for any reason held
be invalid, such decision shall not affect the validity of the
raining portions of this ordinance.
44
=gid for the first time "by title only at the regular meeting of the
_:ty Council of the City of Lake Oswego held on day
-f . 1994.
_.-d. No. 2093
age 1 of 2
11
AYES:
NOES :
ABSTAIN:
EXCUSED:
Read for the second time by title cn,ly and enacted at the regular
rmeetiag of Lhe City Council of the City of Lake Oswego held on the
day of 10 1594.
AYES:
NOES:
ABSTAIN:
EXCUSED:
ATTEST:
Alice L. Schlenker, Mayor
Dated:
Kristi Hitchcock, City Recorder.
Ord. No. 209:
Page 2 of 2
12
CITY OF LAKE OSWEGO
AGENDA CHECK LIST
Meeting Date: May 3. 1994.
III -B-2
5,394
SUBJECT: : y?DIN.ANC,E 2095, A GEN'Ly:t OF THE CITY COUNCIL OF
THE CITY OF LAKE OSWEGO '.MENDING LOC. CHAPTER 39 (SYSTEMS
DEVELOPMENT CHARGES) TO PROVIDE FOR CITY COLLECTION OF
CHARGES IMPOSED BY OTHER SERVICE PROVIDERS WITHIN THE CITY
LIMITS PURSUANT TO AGREEMENT, AND TO INCORPORATE:
AMENDMENTS TO STATE LAW.
ISSUE:
OPTIONS:
Should the Council amend the City Code in order to provide for City
collection of charges imposed by other service providers?
I.
2.
3.
RECOMMENDATIONS:
DEPARTMENT OF ORIGIN:
FISCAL IMPACT $
EXPENDITURE
REVENUF $_
BUDGETED?
S
YES NO
ACCOUNT lt�_
Hold first reading of ordinance.
Modify ordinance.
Reject ordinance.
Adopt Option 1.
City Attorney.
NOTICED (Dote): A Aril 24.1994.
PREVIOUS COUNCIL CONSIDERATION:
ATTACHMENTS: Would the adoption or Implementation
fullili an Identified City Council goal,
1. Proposed Ordinance No. 2095. past or present?
No .
Is this a policy for inclusion In the
City's policy manuol? Yes — No X .
WDST.ORD\.Apande tst
13
14
CTI` 'CSF I..AKE OSWEGO
COUNCIL REPORT
To: Lake Oswego City Council
From: Jeffrev G. Ccndit, City Attoiney r
r
Re: Proposed Ordinance 2095
Date: April 26, 1494
INTRODUCTION:
Proposea Ordinance 2095 amends the System Development Charge
Ordinance (LOC Chapter 39).
DISCUSSION:
A .recent annexation in Briarwood has uncovered a loophole in the
City's SDC Ordinance. Sewer service in parts of Briarwood is
provided by the City of Portland. The City's intergovernmental
agreement with Portland mb.kes the City of Lake Oswego responsible
for pay-nent of the Portland hookup and SDCs, and contemplates that
the city will pass along that expense to the property owner.
Unfortunately, LOC 39.02.031 only permits the City to charge an SVC
for connection to City facilities. Section 1 of the Ordinance
clarifies that "City facilities" includes facilities of other
jurisdictions provided within. the City of Lake Oswego pursuant to
intergo%,ernrnental agreement, and expressly provides that the City
may collect, impose or pass through connections charges and SDCs to
persons who hook up to such facilities.
Sections 2 and 3 contain amendments required by the 1993
legislature. 1993 Oregon Laws Chapter 804 Section 20. Section 2
of the proposed ordinance codifies ORS 223.304(5), which requires
the City to maintain a list of persons who have made a written
request for notice prior to adoption or amendment of a SLAC
methodology, and requires the City to provide written notice to
such persons at least 45 days prior to the first hearing.
Section 3 of the proposed Ordinance codifies ORS 223.304(3) anu
(4) . These sections allow developers a credit against the required
SDC improvement charge for off-site or extra capacity public
improvements required as a condition of development approval. It
also allows any excess credit to be applied against improvement
fees that accrue in later phases of the original development
project. Most of these changes are already City practice.
15
16
ORDINANCE NO. 2095
A GENERAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA" OSWEGO
AMENDING LOC CHAPTER 39 (SYSTEMS DEVELOPMENT CHARGES) TO PROVIDE
FOR CITY COLLECTION OF CHARGES IMPOSED BY OTHER SERVICE PROVIDERS
WITHIN THE CITY LIMITS PURSUANT TO AGREEMENT, AND TO INCORPORATE
AMENDMENTS TO STATE LAW
The City of Lake Oswego ordains as follows:
Section 1: LOC 39.02.031 shall be amended by deleting the text.
�.iown by -tet and adding the new text shown in redline as
zollows:
39.02.031. System Development Charge Established.
1. System development charges shall be established and may
e revised by resolution of the council.
2. Unless otherwise exempted by the provisions of this
ordinance ^r other 1_n -cal or, stat -_e lava, a :system development charge
.s hereby imposed upon all persons who develop parcels of land that
connect to or which will otherwise use or create a need for the
sewer facilities, storm sewers, water facilities, streets or parks
.and open space of the city.
3. "Sewer facilities, storm sewers, water facilities,
streets or parks and open space of the city" as described in
subsection 2 of this section includes facilities located within the
city limits of the City of Lake Oswego owned, operated or
r-.aintained by a local government or legal entity other than the
city pursuant to an agreement with the City. pursuant to such
agreement, the City may collect, impose or pass through connection
charges, systems development charges or other fees established or
required by the other entity for connection to or use of its
facilities in lieu of the City fee or charge that:. would otherwise
be imposed if such facility were owned, operated or maintained by
the City. (Ord. No. 2030, Sec. 2; 07-01-91.)
Section 2: LOC 39.04.041 shall be amended by deleting the text
shown by oi and adding the new text shown in redline as
follows:
39.04.041. Methodology.
1. The methodology used to establish the reimbursement fee
shall consider the cost of then -existing facilities, prior
contributions by then -existing users, the value of unused capacity,
rate -making principals employed to finance publicly owned capital
improvements, and other relevant factors identified by the council.
The methodology shall promote the objective that future systems
users shall contribute no more than an equitable share of the cost
of then -existing facilities.
2. The methodology used to establish the improvement fee
s,, -all consider the cost. of projected capital improvements needed to
Ord. 2095
Page 1 of 4
17
increase the capacity of the systems to which the fee is related.
3. The methodology used to establish the improvement fee or
the reimbursement fee, or both, shall be contained in a resolution
adapted by the council.
4, The City shall maintain a list of persons who have made
a written request for notification prior to adoption or amendment
sof a methodology for any system development charge. Written notice
shall be mailed to persons on the list. at least 45 days prior to
the first hearing to adopt or amend a system development charge,
and the methodology supporting the adoption or amendment sball be
available at:. l.e.ast 10 -Inu s pr -1--r tc the i iL L,t lie firing co u� cpL or
amend. The failure of a: person on the list to receive a notice
that was mailed shall not invalidate the action of the local
government. The City may periodically delete names from the list,
but at least 30 days prior to removing a name from the list must
notify the person whose name is to be deleted that a ,new written
request for notification is required if the person wishes to remain
on the notification list.. (Ord. No. 2030, Sec. 2; 07-01-91.1
Section 3: LOC 39.04.041 shall be amended by deleting the text
shown by - • at and adding the new text shown in redline as
follows:
33.06.111. Credits.
1. A system development charge shall be imposed when a
change of use of a parcel or structure occurs, but credit shall be
given for the computed system development charge to the extent that
prior structures existed and services were established on or after
July 1, 1991. The credit so computed shall not exceed the
calculated system development charge. No refund shall be made on
account of such credit.
2. A credit. shall be given for the cost of a qualified
public improvement. A "qualified public improvement" means a
capital improvement that is required as a condition of development
approval, identified in the Capital Improvement Plan adopted
pursuant to LOC 39.04.071 and is either:
a. Not located on or contiguous to property that is the
subject of development approval; or
b. Located in whole or in part on or contiguous to property
that is the subject of development approval and required to be
built larger or with greater capacity than is necessary for the
particular development project to which the improvement fee is
related.
3. a. The credit provided for in subsection 2 of this
section shall be only for the improvement fee charged for the type
of improvement being constructed, and credit for qualified 'public
improvements under subsection 2(b) of this section may be granted
only for the cost of that portion of such improvement that exceeds
the City's minimum standard facility size or capacity needed to
serve the particular development project or property. The applicant
shall have the burden of demonstrating that a particu?.ar
Ord. 2095
Page 2 of 4
18
improvement qualifies for credit under subsection 2(b) of this
section.
b. When the construction of a qualified public improvement
gives rise to a credit amount greater than the improvement fee that
would otherwise be levied against the project receiving development
6pproval, the excess credit may be applied against improvement fees
that accrue in subsequent phases of the original development
project. This subsection shall not prohibit the City from
providing a credit for a capital improvement not identified in the
Capital. Improvement Plan adopted pursuant to LOC 39.04.071, or from
providing a share of the cost of such improvement by other means,
Lt l Av" �_iLy sQ chooses.
C. Excess credits shall be used within the time period
provided in the phasing schedule approved by the City for the
projc;ct, but not .later than 1.0 years from the date the credit is
given. if - -elua. -i*- �
and L9dr-zzT
---€ e - the & eat -e of t h e
p 0Ic t eft--Fr€s--E - wh
.. �'f�---ice'.rid`�@R�--ei�C`e"�•-�cTrE�-'-Q�i}9z'--'r'E-'ta"''Lml-r
3--4. Credit shall not be transferable from one development to
another except in compliance with standards adopted by the City
Council.
4-5. Credit shall not be transferable from one type of capital
improvement to anothe.-. (Ord. No. 2030, Sec. 07-01-91. Ord. No.
2048, Sec. 2; 02-18-92.)
Section 4. Severability. The provisions of this ordinance are
severable. If any portion of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Read for the first time by title only at the regular meeting of the
City Council ef. the City of Lake Oswego held on day
of 1994.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Ord. 2095
Page 3 of 4
iJ
Read for the second time by title only and enacted at the regular
meeting of the City Council of the City of Lake Oswego held on the
day of 1994.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Alice L. Schlenker Mayor
Dated:
AT`rE S T :
.,_ ,-4 �,
i�iisti iz].i'C'11L 0 c N , '.I y. R:,c0"dc r
AP TO F M
G� "Condit
City Attorney
Ord. 2095
Page 4 of 4
20
CITY OF LANCE OSWEGO in—c— 1
.AGENDA CHECK LIST 5/3/94
MEETING DATE: May 3, 1994
SUBJECT: April 5, 1994 meeting minutes
ISSUE: Should the Lake Oswego City Council approve the
April 5, 1994 minutes as written?
OPTAONS: 1. Approve minutes.
2. Do not approve minutes.
3. Amend minutes.
4. Delay consideration.
RECOMMENDATION: Option #1
DEPARTMENT OF ORIGIN: City Recorder
FISCAL. IMPACT: $ N/A --�--��-�_
NOTICED (Date): N/A
EXPENDITURE: $ REVENUE: $
PREVIOUS COUNCIL. CONSIDERATION
(Date(s)): N/A
e _—_
BUDGETED?
ACCOUNT #
A-I'T A CI- MEN'TS:
April-:;, 1994 meeting minutes.
would the adoption or implementation
fulfill an identified Council goal, past or
present? No
Is this a policy for inclusion in the policy
manual?
Yes No X
21
4040
CITY OF LAKE OSWEGOQ
April 5, 1994
CITY COUNCIL MINUTES
l_ 60611.
I. ROLL CALL
Mayor Schlenker, Councilors Anderson, Chrisman, June, Klammer, Holstein and Puskas were
prc ,.nt. Visitors present included representatives from the State Historic Preservation Officer and
from japan. Staff present included Doug Schmitz, City Mareagor, '�brn Coffow, Assistant City
Manager; Kris Hitchcock, City Rc :order, and Jeff Condit, City Attorney. Barbara Sherman, Historic
Review Board Chair, was also present.
H. CALL TO ORDER
Mayor Alice L. Schlenker called the City Council work session of April 5, 1994 to order at 5:30 p.m.
in the City Council Chambers.
Mayor SchlLirikcr and theCenincil in-,rodiie d theme %isik)rs from Yoshikiiwa, }apaii: Makoto Fukai,
Mayor of Yoshikawa; Yasuo Higurashi, City Council Chairman; Nobuko Koyama, City Council
Vice Chairman; Fumio Nakamura, City Councilor; Hiroshi Nakayama, City Hail Staff Planner;
Sadako Nagano, Council Staff; and Dr. Katsu Ozawa, President, Oregon Intercultural Association.
M. STUDY SESSION
A. Historic Review Board presentation on how Lake Oswego can become a Certified Local
Government (CLG).
Henry Kunowski.State Historic Preservation Office, reviewed the background and current
otx'rations of the State Historic Preservation Office (SHPO), noting it is mandated by the
federal government ancd funded primarily by the Histon, Preservation Fund of the
National Park Service (with 23�i, of the budget from the sate general fund) Each staff
member is a pmfessiona' specialist in his/ her area of expertise. 75%, of the workload
consists of insuring compliance of each expenditure of federal dollars within the state
with Historic Preservation. He listed other duties: Goal 5 compliance, administration of
the National Register of Historic Properties program in Oregon; maintenance of a
statewide inventor• of historic properties; and the Certified Local Governments (CLG)
program
Mr. Kunowski explained the five requirements for CLG status•
• Maintenance of an Historic Preservation Commission;
• Survey of historic properties;
• Enforcement of state or local preservation laws;
• Provision for public participation;
• Compliance with other functions delegated or required by the State;
He reviewed Lake Oswego's status in regard to these criteria:
• The present Historic Review Beard met the criteria for such a board;
• The ordinance, with some adjustment, wa-s satisfactory in its protection of the properties
City Ccaaincil Minutes
April 5, 1994
Page Iof13
23
and its process for working with the public;
• The procedure included application for CLG status and application for grant assistance;
• Only 14 jurisdictions in Oregon had CLC status;
• Reviewed the SHPO's granting program (including matching grants), commenting that
they were moving towards primarily funding CLG activities;
• Cited examples of the grants made to local jurisdictions.
CQJJNCIL QUESTIONS
What were the adjustments that need to be made to the lake Oswego ordinance?
Mr. Kunowski stated that the issues centered around the composition of the Historic Review
Board, complianrn of some land a7 e in the �r:iis;;;E+c� �Yitle r+aiionai te•rminolc by; .and
determination of who did the design review for historic properties: the Development Review
BcNard (DRB) or the Historic Review Board (ARB). The: SHPO wanted those with the
appropriate expertise to make design review decisions on historic properties.
Ieff Condi. C'i�LAttornev. explained that staff was trying to figure out a way to incorporate
this request 'into the current process with~ aut lengthening that process. They would like to
involve the HRB in the pre-applicatioie process so that an applicant could make any needed
changes before a hearing, and not incur the additional expense of making significant changes
to a finalized plan. Currently, the 1 -IRB is the hearings body for the Historic Register
applicants while the DRB is the hearings boxy for design issues on major and minor
alterations.
Ms. Sherman : ommented that the HRB used to be the hearings Nc dy for alterations to
historic properties. Mr. Condit explained that the Planning Director did send major
.alterations of historic properties to the HRB, as he felt was appropriate.
2. Could the DRB overrule the HRB?
Mr. Condit stated that the DRB could overrule the I -IRB, and explained the dilemma. If the
DRB used an informal process involving the HRB in the pre -application process, then the
HRB could not make the:: final decision (a final decision could only be made through the
formal hearings process). He noted that another problem was that having the HRB involved
in the pre -application process would taint them as the hearings body, even though their
expertise may ix needed at both points in the process.
3. How have other jurisdictions dealt with this division betwevn the HRB and DRB?
Mr. kunowski stated that a few jurisdictions did have those t:vo separate bodies, and that
the Landmark Commission had purview over the historic properties. He commented that
the preference of the SHPO was to protect the property without abusing the process and
creating such a burden that people would be resistant to participating in the program. He
commented that, as an historic property owner himself, he did not want to go through three
public hearings in order to make a minor alteration to his house, and that the question was
hoes• to balance providing gexxi service to the public and making the right decision. Mayor
Schlenker concurred.
City Council Mirzrtes
April S, 1994
Page 2 of 13
24
Were there any model ordinances available?
Mr. Kunowski said that there were some good models available. He cited the City of
Eugene's ordinance for its simplicity and clarity, its delegation of final decision making
authority to the landmark Commission, and the streamlined appeals process.
Who at the staff level in Eugene decided where. the historic property was sent?
Tom Cofh. .distant Cly Manaeer, explained that in Eugene an historic property
automatically went to the landmark Commission.
Mr. Condit explained the three step application process currently used in Lake Oswego. He
reiterated that staff was trying to fit the HRB into the process as a decisioon maker without
adding on a new press. He commented that the qualifications for HRB t and members
and DRB board members were very similar, and that either board could make desil;n review
decisions.
Mr. Kunowski stated that Eugene's :vas one of the best but also cited folk County's
:ordinance for its range of incentive programs.
If the DRB and HRB held separate hearings, property owners might complain cif disparate
treatment between the two boards. Was a joint hearing a possibility?
Mr. Condit said that a joint hearing was possible. Mr. Kunowski questioned whether or not
the applications received would warrant the scrutiny of the dozen or more citizens sitting on
the two boards. He commented or,. the need to decide what was mincer and what was major.
Mr. Kunowski stated that ordinance, statutory and building code language was disparate in
its preferential treatment of historic propertie.; historic properties werespecial resources
requiring sp et ial considerations.
What was the downside of a jurisdiction becoming a CLG?
Mr. Kunowski stated that each jurisdiction had its own opinion on the downside. He cited
common concerns as the responsibility to a larger agency (the local v. state control issue),
and an added administrative burden to run the program.
Mr Kt+nowski commented that though no jurisdiction had the best possible program, several
including Eugene and Poll, County had excellent programs. He also cited the Clackamas
County program as an excellent, aggressive program. He mentioned a downside as
situations in which conflicts arose, often from different perspectives on decision making.
Could a jurisdiction fret out of the program if it wanted to?
Mr. Kunowski said that there was no penalty for withdrawing from the program. He
explained that each program underwent an annual performance evaluation review.
Cite Council Minutes
Aprd 5, 1994
What was the best case scenario for leveraging the grant money, and what kind of projects
were eligible?
Mr. Kunowski Mated that he looked for e.. work plan (with public comment) from a
Landmark Commission which indicated the direction in which the Commission would like
to take the city and the various historic preservation activities in which the Commission
wanted to engage. Any and all activities in this work plan and goals were eligible for grant
assistance, including staff time to administer the program.
10. Did the SHPO help with applications to the National Register?
Mr. Kunowski stated that they have provided assistance to cities for help in preparing
national register nominations, particularly district nominations.
11. Did the SHPO provide technical assistance to cities? Did the cities have any influence over
the direction that the SHPO took the program?
Mr. Kunowski stated that the SHPO gave technical assistance to cities and helped them
identify issues, whether or not they were Certified local Governments. C the ins Qark
off concurred. He mentioned the training programs they held for Landmark Commissions
on various issues. He stated that they tried to coordinate with a local jurisdiction so no
property owner is given two different answers to the same question.
B. Discussion of City Council Goals
L.) Li.r.,cwhmi z City Manan asked for specifics on implementing item 47'1'raffic Problems
and Issues.
Mayor Schlenker recommended looking at the relationships twtwe^en transportation and land
use issues, particularly on the regional level. She commented that land use planning,
transportation, :and traffic platining could not be separated. She saw a need for the Council
to take transportation and traffic very seriously. It mus, be addressed at the highest staff
level in order to have creditability in those issues.
Councilor June commented that there were two separate issues: the traffic issues specific to
lake Oswego which could be dealt with by the Neighborhood Traffic Advisory Board; and,
the transportation problems requiting an intergovernmental advocacy group. He noted the
need for adequate information about Lake Oswego transportation patterns in order to lobby
effectively for their community.
Mr. Coffee suggested two major subcategories: local and regional. The Council has control
over local issues, and could try to influence regional transportation issues to minimize the
impact to the community.
Councilor Holstein commented on the need to inform surrounding jurisdictions of "ke
Oswego's internal goals and conditions.
In response to a question from Councilor Puskas, Mr. Coffee, stated that the program
involved participation at the regional and state levels; and, once the issues have been
identified and a lxosition established, attempts to influence the other jurisdictions to form a
consensus. He stated that, though it was an advantage to have an Intergovernmental
Cit• Council Minutes
April 5, 1994
Page 4 of 1.3
26
Advocate position, staff was attempting to meet that :seed by attending the appropriate
regional meetings.
Councilor June commented on the need for a person to keep abreast of the transportation
issues and to lobby effectively for the city.
Councilor Chrisman mentioned the desire of the Council to encourage a pedestrian "friendly"
environment in the city. Councilor Klammer commented on being more "front end" friendly
also.
Mayor Schlenker reiterated her point that the City needed to be concerned about the impacts
of the State's actions in the Lake Grove and 1-5 areas.
Councilor Anderson suggested exploration of alternative transportation and a regional plan
for dealing with Tri -met to provide better, more localized services. The Council concurred.
Mr. Schmitz said staff would bring something on Item #7 back to the Council. He directed
attention to Item #14, Social Policy, and asked who the Council wanted to develop the social
policy.
Mayor Schlenker commented on the need to be very careful when developing this policy.
Councilor Anderson suggested developing a list of all current and past social activities in
Lake Oswego to use as a starting point.
Mr. Schmitz cautioned the Council regarding the second bullet: defining services and service
levels could expose the city to difficulties later.
The Council discussed how they arrived at Item #14. Mr. Schmitz said that staff would draft
a short statement on the city's position on a social policy.
Councilor Chrisman raised Item #2, "Begin process for parking study", commenting that the
city lot or* Block 138 now held 30 cars a day instead of the former 10 to 15 cars per day. She
noted that the problem with parking wasn't customers as much as it was employk� s.
Mr. Schmitz stated that he interpreted the meaning to be to study parking the city will need
with the redevelopment.
Councilor Chrisman indicated that she wanted to be sure the city moved beyond the end
process.
Mayor Schlenker commented that the Council had information available to it in the David
Evans study but that they haven't looked at it recently. She recommended checking the
1990/1991 study and its projections, and determining if it still relates to the current situation.
Councilor June requested that the options for Item #8, intergovernmental Advocacy, be
presented early in the budget process. Mr. Schmitz stated that staff was preparing an issues
and options paper on all the positions requested.
IN7. ADJOURNMENT
Mayor Schlenker adjourned the meeting at 6:50 p.m.
0w Council Minutes
Apira 5, 1994
Page 5 of 13
27
4
Mayor Alice L. Schlenker called the regular City Council meeting of April 5, 1994 to order at 7:08
p.m. in the City Council Chambers. Mayor Schlenker, and Councilors Anderson, Chrisman, June,
Klammer, Holstein and Puskas were present.
M. CONSENT AGENDA
A. REPORTS
1. Approval --4 an easement at 3300 Upper Drive for a pathway and authorization to
reimburse attorney fees for review of the documents.
ACTION. Approve easement and authorize reimbursement of $2(X).(X)
2. Award of bid for purchase of one Jet Rodder Sewer cleaner.
ACTION- Aw::rd bid to Pacific Utility Equipment Company for $102,1(X).
3. Contract award for Work Order 9986, Peters Road and Arrowhead Court wafer system
improvernc nts.
ACTION: Award contract to 3 Dimension Contractors, Inc, for $125,691.05.
4. Contract aw ird for Werk Order 9995, the construction of the Old Town basin sanitary
sewer rehabilitation project located in the vicinity of Furnace Street, Leonard Street,
Church Street, Wilbur Street and Durham Street.
ACTION: Award contract c) Gelco Svrvice, inc. for $187,284.
5. Contract award for Work Order 9994, the saanicary sewer, waiter, and street improvements
Iucated at Edgecliff Terrace.
ACTION: Award contract to Kerr Contractors, Inc. for $64,098.75.
B. RESOLUTIONS
1. it -94-1.5, a resk-lotion of the City Council of the City of Lake Oswq,' ) authorizing budget
transfers in order to purchase maintenance services real prolxrty.
ACTIUN. Adopt resolution.
2. R-94-16, Six month review of mediation referral program and request to extend the
agi-mment with the Clackamas County Dispute Resolution Center for that balance of the
fiscal year, and increasing case fees from $1(1) to $150.
ACTION: Adopt resolution.
Cit%- coeuuil Minutc"y
Apn) 5, 1994
Page 6 of 13
28
C. APPROVAL OF MINUTES
March 1, 1994, regular meeting.
ACTION: Approve minutes as written.
2. February 15,19Q4, regular meeting.
ACTION: Approve minutes as written.
3. March 14,1994, briefing.
ACTION: Approve minutes as written.
Mayor Schlenker moved the Consent Agenda. Councilor Holstein seconded the motion. A roll
call vote was taken and the motion passed, with Mayor Schlenker and Councilors Anderson,
Chrisman, June, Kiammer, Holstein and Puskas voting in favor.
END CONSENT AGENDA
Iv. PRESENTATIONS/RECOGNITION
A. Welcome to the official delegation visiting Lake Oswego from Yoshikawa, Japan.
Kevin Costello. Lake Oswego Chamber of Commerce Prr,ident, welcomed the Japanese
delegation fnim Yoshikawa and thanked them for their visit.
The Mayor and Council also thanked the delegation for their visit, speaking of the
opportunities for mutual cultural understanding and exchange of good will between Lake
Oswego and Yoshikawa.
Ii. Proclamation of the week of April 3-10,1994 as Arbcir Week in the City of Lake Oswego.
Mayor Schlenker mad the proclamation proclaiming the week of April 3-10,1994 as Arbor
Week.
C. Proclamation of April 3, 1994 through April 10, 1994 as "Days of Remembrance of the Victims
of the Holocaust."
Mayor Schlenker read the proclamation proclaiming the week of April 3-10,1994 as
"Remembrance of the Victims of the Holocaust."
D. Presentation of 25 year service pin to Duane Cline, Maintenance Services Director.
Mayor Schlenker presented the 25 year service pin to Duane Cline and thanked him for his
work for the citizens of Lake Oswego. The Council also thanked Mr. Cline.
City Council Minutes
April 5,1994
Page 7 of 13
29
V. CITIZEN COMMENT
A. Bill White, 205 Berwick Road
Mr. White informed the Council that Metro's South/North corridor study indicated that they
would not extend the light rail past the Sellwooe Bridge, or consider commuter ferry boats on
the Willamette. He said that the Willamette Shore Consortium, of which lake Oswego was a
member, would determine what happened with the Southern Pacific railroad tracks. He asked
the Council to support by resolution his presentation to the Consortium at their next meeting;
he suggested selling; the tracks back to the owners for $1.2 million dollars. He presented a
resolution to the Council and asked for action at the next Council meeting. (Sexy Item ` II -E for
Council action.)
5. IVII. Nakiyama,'roshikawa, Opan
Mr. Nakiyama thanked the Mayor and the Council for this opportunity to visit and continue a
growing relationship. He presented a txxok to the Council written and autographed by the
Mayor of Yoshikawa.
The Mayor thanked Mr. Nakiyama for the book. Mr. Anderson thanked Mr. Nakiyama for his
translation work tx)th now, and during, the Council's visit to Yoshikawa.
It 1. I'C'EMS REMOVED FROM THE CONSENT AGENDA - None.
%11. BUSINESS FROM THE COUNCIL
A. intergovernmental activities report
Kellogg, Oak Lodge, Tryon and Tri -Cities (KOLTT) Study
Mayor Schlenker reported that the KOUT shtu'y was scheduh..xi in May. She t-xpla;ned
that this intergo,"ernmental cooperative group was looking for the best option at the
lowest cost for a sub -regional waste water treatment plant. She reviewed the six options
presented at the last meeting,, noting that t! -,e policymakers did not accept Oregon (:.E y's
request to be dele!.�d as an option. Other i,,VAions inch Jed a new subregional facility in
11 est Linn, and using the Tryon Creek plant to mull capscity.
B�e�( ri w (= Finance-- Dimitc�r, rui:curred with Mayor Schienker's comments, noting
that they were near the end ,Of Phase 1, and moving into Phase 11 (best cost options for the
region and individual entities). In response to a question from r'ouncilor Hc%lstein, her
estimated that they would know what the financial impacts of the various options would
be in five to six months.
2. 1-5/217 interchange improvements
Councilor Holstein reported on the ODOT presentation on the 217/1-5 interchange which
was attended by himself, the %layor and 50-60 other people (primarily business owners in
the 72nd Avenue area). He ( o rnmented that several heated questions were asked,
particularly atx)ut the state's redesign of the original interchange design done by Tigard a
vear ago, and the reliance of ODOT on the Metro forecasting model without taking kcal
City Council Minutes
April S, 1994
Pager t; of 13
30
I:
counts or doing local studies to verify the forecasting model. He noted that traffic was
already exceeding the 2010 forecasts.
Councilor Holstein mentioned that the ODOT staff stated they were simply providing
information, since the public hearings had already been held; however, most of the
business people had not heard of these proposed changes. He detected an arrogance on
the part of ODOT staff and a lack of concern for the people and businesses who would be
adversely affected by this proposal.
Councilor Holstein said that staff was working on scheduling a presentation to both the
Tigard and Lake Oswego City Councils. He stated that all the local cities, both on the east
and west sides of 1-5, were upset about the final plans and founding.
Mayor Schienker explained that this proposal prohibited access to 7211d Avenue from
Kruse Way, rerouting traffic to the Lake Oswego and Tigard surface strut is or to Pacific
Highway. She commented that the State strategy appeared to deal mainly with freeway
to freeway connections with less attention to local street connections.
Councilor Holstein commented that the three public hearings were held ire Oregon City,
Hillsboro: and Gresham, and looked at the whole region withou', focusing on impacts to
local businesses or residential areas. He noted that the homeowners haven't yet been
heard from.
Mayor Schlenker noted that the originai plan developed by Tigard was for $78 million
dollars; this present plan was the first of a two phase plan, and the only otic funded ($13.2
million).
3. Lake Oswego Together
Mayor Schlenker reported that the Sir --,t Town Hall Forum on Lake Oswego Together was
successful, with 200 lie;o>ple attending and lh resource centers bcxrths. She thanked Bill
Korach, the schexil district staff, and the Lake Osnvego Together Berard for their find work.
B. Appointments to the Committee for Citizen Involvement
Councilor Puskas moved to reappoint Michael Larson and Joseph Cohen to the Committee
for Citizen Involvement, Ind, to recommend Tamara Beecroft as alternate. Councilor
Holstein seconded the motion. A roll call vote was taken and the motion passed, with M,nyor
`+chlrnker, Councilors Anderson, Chrisman, June, Klammer, Holstein and Puskas voting in
to vor.
C. Councilor Klammer
Councilor Klammer reported on the ivletm Area Cable Commission's (MACC) meeting. He
infornoed the Council of Senate Bill 1822 and House Bill 3636, both of which would allow any
company (such as a telephone company) to, do business on the city's publicly owned right of
ways without paying rent, such as franchise fees. He stated that the City of Lake Oswego
opposed these bills because they felt that the City should have a say in who did business in
their city. He urged everyone to write their Senator and Representative to oppose these mills.
Cr -.v Council Minutes
April 5: 1994
Page 9 of 13
31
D. Councilor Anderson
Councilor Anderson reported that the Clackamas Regional Elcti-ted Group (CREG) was in the
process of developing its mission statement and charter. He explained that CREG; was
designed to manage and oversee emergency communications within the county, and the
interrelationships of the Clackamas County jurisdictions.
E. Councilor June
Councilor June commented that Lake Oswego was a growing area with limited highway
access in and out of the city. He stated that it was essential to preserve the rail option along
the Willamette Shore because, in the future, it will be necessary to find .111 alternative to
highway transportation.
Councilor Holstein concurred with Councilor June. He commented that the has been working
for six to seven years to preserve that line, and that it is an integral part of planning for the
city's future. He noted that they ran a trolley line on it now as a tourist attraction. He
nec immended that the Council thank Mr. White for his comments but that they not support
his resolution.
Councilor Chrisman noted that comn.uter travel preservation was a top priority of the
Council, and that she diva not favor selling the rail line.
Councilor Anderson suggested developing a strategic plan with Tri -Met to facilitate improved
mass transit within the City. He commented that they current system Could be enhanced
significantly to reduce the impact on the streets and roads in Lake Ghwego.
Councilor Holstein moved that Council take no further action on the recommendation of Mr.
White on the Willamette Shore Bail Line or commuter line. Councilor Chrisman seconded
the motion.
Councilor Klammer stated that lie appreciated Mr. White's report, but did not think it prudent
or practical to buy something now for the same price as six years ago. Fie supported the need
to leave eine tracks wiuere they were.
Mayor'7chlenker also supported the motion, noting that this was nota simple matter. She
stateN.i that it would be inappropriate for the Council to take action within two weeks
regarding the line, especially on a line that was their only hope of relieving traffic congestion
on Highway 43. She: v, -viewed the State Master Plan for Transportation, which called for a
commuter rail line stretching from Eugene to Vancouver, B.C. She concurred with the need to
keep Lake Oswego's limited options open.
Mr. Condit infornxre. the Council that, thrush the Consortium managed the line, the City of
Portland owned it and had decision-making authority over the line. He stated that the rail line
ownership was not by title, but by a collection of easements which would revert to the
property owner, should the land no longer be used for rail service.
A roll cull vote was taken and the motion passed with Mayor Schlenker, Councilors Anderson,
Chrisman, June, Klammer, Holstein and Puskas voting in favor.
Cit.. Council Minutes
Apr.! 5, 1494
Page 10 of 13
32
F. Councilor Holstein
Councilor Holstein announced a presentation on Pucan, Chile (a potential Sister City) next
Thursday from 5:30 p.m. to 6:30 p.m. in the U.S. Bank Community Room.
VIII. REPORTS FROM BOARDS/COMMISSIONS
A. Receive recommendation from the Planning Commission regarding priority of neighborhood
planning applications, beginning with First Addition and Lake Grove Neighborhood plans.
Tom Coffee. Assistant Cigr Manager, reported to the Council, and made the following points:
• Reviewed the four criteria Council established for evaluating the applications;
• During the evaluation process, staff discovered two additional criteria when comparing
the applications to each other:
• Did the plan deal with issues that could be dealt with in a more expeditious manner
than through a neighborhood plan (i.e., the request for a neighborhood park could go
through the Parks and Recreation Advisory Board);
• Did the plan address city-wide issues, or simply neighborhood issues (city-wide
issues should rank higher);
• The First Addition and Lake Grove neighborhotxJ applications ranked as the top two
because they did the best job of meeting the Council's criteria and dealt with city-wide
issues;
• The middle two applications were McVey/South Shore and Old Town, both of which met
the Council criteria well but focussed more on single issues that could he dealt with by
other means;
• The Blue Heron application was a request for a neighborhood park;
• The Forest Highlands Neighborlim-d application lacked any indication of how the area
would be annexed. Since the aeighborhmxl is located both in the county and in the
city, both staffs would have to work together. The county has indicated that they do
not have the needed staff at this time;
• With the 1'6 to 2 people forecasted as being available next year, staff believed they could
begin the first two plans, anti probably help with the second two plans.
Mayor Schlenker thanked Mr. Coffee and his staff for the excellent job of implementing this
new program.
Mayor Schlenker moved, based upon the six applications for neighborhood planning, to
adopt the staff recommendation for beginning the neighborhood planning program, subject
to the budgeted resources for those neighborhoods selected. Councilor Anderson seconded
the motion. A roll call vote was taken and the motion pas!.ed, with Mayor Schlenker and
Councilors Anderson, Chrisman, Jude, Klammer, Holstein and Puskas voting in favor.
Ix. ORDINANCES
First Reading by Title Ong
2041, a general ordinance of the City Council of the City of Lake Oswego amending LOC Chapter
12 (Administration), 16 (Library) and 45 (Building), to clarify and streamline provisions relating to
boards, committees and commissions and to eliminate outdated provisions.
City Council Minutes
April 5, 1994
Page 11 of 13
33
Mr. Condit reported to the Council and made the following points:
• This ordinance clarified and better defined the Council's relationship with its Boards and
Commissions and cleaned up the current Boards and Commissions section;
• it did not change any of the powers, duties or obligations of any of the Boards or
Commissions, though it did change some names;
• The Library Board Chapter was consolidated with the Boards and Commissions Chapter, and
their duties and obligations clarified through adoption of the list developed by the Library
Board;
• Reviewed some of the outdated provisions being deleted from Chapter 12, the general
administration chapter, such as:
• The City doing business at Citizens Bank which went out of business 10 years ago;
• The City Engineer could sell off any tree in the public right of way without talking to
anyone;
• Requirement for every city employee to have an annual physical and the City making
employment decisions based on that information;
• The City has been under mandatory water rationing since 1946;
• 25 pages would be deleted and three pages added.
Councilor Holstein moved for adoption of Ordinance 2091.
Mr. Condit noted that they received written testimony from Mr. Leonard Stark.
Mayor Schlenker proposed an amendment to the motion: the majority of the Library Board
members had to be residents.
Councilor Holstein accepted the Mayor's amendment as friendly. Councilor Chrisman seconded
the motion.
Mr. Condit explained that he had added a sentence to the ordinance that would allow the first
reading with this minor amendment tonight. He explained that the Library Hoard was the only
Board or Commission that did not require the majority of the members to be residents. He pointed
out that some of the specialized qualifications for board members allowed appointment of non-
residents (i.e., an architect with historic preservation experience).
A roll dill vote was taken and the motion passed ,-vith Mayor Schlenker, Councilor; Andersen,
Chrisman, June, Klainmer, Holstein and Puskas voting in favor.
Mayor Schlenker read Ordinance 2491 for First Reading by Title Only.
X. REPORTS OF OFFICERS
Update on Hotel/Motel tax
Doug Schmitz. City —Manager reported that the city was collecting approximately $8,((K) a month
from the hotel/motel tax ($119,00(1 to date). He asked for direction to bring back a revised policy
on the dispersal of these funds because of significant changes since the Budget Committee made
recommendations on dispersal. Those changes were the 1.5% for Art program for funding of
public art initiated by'ihe Arts Commission (this was rolled into the CIP and tyle possibility of
double dipping now existed), and the determination by Council that expenses associated with a
Sister City should come from the hotel/motel tax.
City Council Minutes
April 5, 1994
Page 12 of 13
34
Councilor Puskas moved to direct the staff to bring back a new policy regarding the hotel/motel
tax. Councilor Holstein secondexi the motion.
Councilor Holstein confirmed that the new policy would include how a group applying for funds
met the policy. He asked if staff had heard any feedback on the impact of the tax on the
hotel /motels. Mr. Schmitz said that he had not heard any. Councilor Puskas asked that policy and
criteria on how the funds would be used be included.
A roll call vote was taken and the motion passed with Mayor Schlenker, Councilors Anderson,
Chrisman, June, Klammer, Holstein and Puskas voting in favor.
XZ. EXECUTIVE SESSION
Mayor Schlenker recessed the meeting to Executive Session pursuant to ORS 142,60)(1)(e), real
property transactions, at 8:15 p.m.
X1. ADJOURNMENT
Mayor Schlenker adjourned the meeting at 8:45 p.m.
Respectfully Submitted,
s
,itis Hitchcock, City Recorder
+FPROVFD BY COUNCIL:
4chlenker, Mayor
C.r. Council Minutes Page 13 euf 13
�►�ril 5, 1994
35
36
III -C-2
CITY OF LAKE OSWEGO 5/3/94
AGENDA CHECK LIST
MEETING DATE: N.j;�1214.
SUBJECT: City Cou-ncil meeting minutes of April 18,1994.
ISS JE: Should the City Council adopt the April 18,1994 meeting minutes as written?
OPTIONS: 1. Adopt as written.
2. Amend minutes.
3. Continue
RECOMMENDATION: Option #1
DEPARTMENT OF ORIGIN: City Recorder
FISCAL IM0ACT: NiAoNOTICED
-
(Date): N/A
"'PENDITURE:
PREVIOUS CITE' COUNCIL
REVENUE: $
CONSIDERATION N/A
[Dat, -,(s)]:
Would the adoption or implementation
BUDGETED? 'YES NO
ACCOUNT
fulfill an identified City Council goal, past
or present,, N/A
Is this a policy for inclusion in the City's
ATTACHMENTS:
policy manual? Yes No
April 18, 1994 minutes
k: \ Knf Ili Morms Wtc-min
37
36
CITY OF LAKE OSWEGO
City Council Agenda Briefing Minutes
18 April 1994
Council President, Mary Puskas, called the April 18, 1994 City Council agenda
briefing meeting to order at 7:35 a.m. Present were Councilors Anderson,
Klammer, Chrisman, Holstein and Puskas. Councilor June arrived at 7:40 a.m.
Mayor Schlenker was excused. Also present were City Manager, Doug Schmitz
and City Attorney, Jeff Condit.
The Council reviewed the agenda for April 18, 1994, discussing the following
items:
I. Mr. Condit revie-,wed the Flag Lot Policy and the hearings officer report.
2. Mr. Schmitz commented on the Storm Water Management Bonds. It may
not be necessary to issue $1.5 million for this offering.
3. The Council discussed the teen center proposal, Hotel Tax Policy, survey
review, and possible additional funding for the Festival of the ilrts.
4. The possibility of purchasing a new Class A pumper for the Fire
Department was considered. Council discussed the issue of buying a
mini -pumper vs. a Class A pumper. They asked that staff bring back
costs fora mini-puri►per.
5. Update on the 1994 trolley season. A"1. Schmitz is to call Mr. I lardwick
advising him there will be no extension and that he is to fulfill his
contract.
9. Mr. Jarvis - appraisal delivered and negotiations t,- start.
There being no further business, the meeting was adjourned :t 8:40 a.m.
RespectfiillV submitted,
Dou . Schmitz, 'ity Manager
APPROVED BY CITY COUNCIL.:
Mary Puskas, Council President
39
CITY OF (LAKE OSWEGO C
AGENDA CHECK LIST 5/3/94
MEETING DATE: May 3, 1994
SUBJECT: April 25, 1994 meeting minutes
ISSUE: Should the Dake Oswego City Council approve the
April 25, 1994 minutes as written?
OPTIONS. 1. i°a�,p?T'vVE iYliiluitti.
2 Do not approve minutes.
3. Amend minutes.
4. Delay consideration.
RECOMMENOATICN: Option #1
DEFARTMENT OF ORIGIN: City Recorder
FISC -%L IMPACT: $ N/A
EXPE"\iDITURE: $ REVENUE;
BUDGETED?
ACCOUNT #
:ATTACHMENTS:
Apn , 1994 meeting minutes.
NOTICED (Date): N/A
PREVIOUS COUNCIL CONS
[Date(s)]: N/A
Would the adoption or implementation
fulfill an identified Council goal, past or
present? No
Is this a policy for inclusion in the policy
manual?
Yes
o X
41
CITY OF LAKE OSWEGO
City Council Agenda Briefing Minutes
25 April 1994
Mayor Schlenker called the April 25,1994 City- Council agenda briefing meeting to order at
7:39 a.m. Present were Councilors Klammer, Anderson, Chrisman, Puskas, Holstein and
Mayor Schlenker. Councilor June arrived at 7:44 a.m.
The Council reviewed the agenda for April 25, 1994, discussing the following items:
1. Councilor Anderson was excused from the Monday Council meeting; Councilor
Holstein was excused from both the Monday and Tuesday Council meetings, and
Councilor June was excused from the Monday and Tuesday Council meetings and the
Thursday Budget Committee meeting.
2. Mayor Schlenker updated the Council on the 1-5/217 committee activity. Council wants
ODOT to make a public presentation.
3. The status of reimbursement for the Yoshikawa, Japan delegation visit was discussed.
4. Council consensus was that Mayor Schlenker could attend both the LOC liveability and
transportation/land use leadership conferences.
5. Comments on limitation/publications: Mayor Schlenker discussed doing a 3-5 minute
update before the council meeting to be shown on cable television. Following the
discussion, consensus was to do the following:
• "issue of the Month" - an educational effort, to be shared by Councilor's reports on
cable television.
• To be kept under Council Business - no special segment
• Councilors use City Newsletter - Chrisman
• Council to decide monthly on "Issue of the Month"
6. School funding issue is part cf budget discussions. The Budget Ce-l•lmittee is to
schedule for ,".-onsideration.
Councilor Puskas discussed the request of GTE Mobilnet.
8. The Wizer proposal is to be transmitted to LORA. Staff is to provide a, progress update
at the next LORA meeting.
Councilor June left at 8:30 a.m., followed by Councilor Klammer at 8:45 a.m. There being no
further business, the meeting was adjourned at 8:47 a.m.
Respectfully submitted,
Eh s J. Schmitz, anager
APPROVED BY CITY COUNCIL:
Mary Puskas, Council President
43
mm
380 "A' AVENUE
POS OFFICE BOX 369
LAKE OSWEGO.
OREGON 47()'1n
(503) 635-0213
aAx (503) 697.6594
REVISED
MEMORANDUM
1
TO: Lake Oswe o ' ouncil
FROM: Al' .e+ j-�thlenker, Mayor
SUBJECT: Recommendation for Appointment to the
Historic Review Board
a4,.ICE L SCHLENKER,
MAYOR DATE: May 3,1994
C.HARLFS C (MIKE) ANDERSON,
COUNCILOR I interviewed Von K. Watson, architect, for the position vacancy on the
Historic Review Board on April 27, 1994. Stephen L. Doherty canceled
*tiAJNER CNRISMAN, his interview.
COUNCILOR
WILLIAM HOLSTEINIt is recommend that Von K. Watson be appointed to fill an unexpired
,
COUNCILOR term to the Historic Review Board through January 31, 1995.
Mr. Watson's application and resume are attached.
AOB JUNE.
COUNCILOR
BILL KLAMMER,
COUNCILOR
MARY PUSKAS,
COUNCILOR
Attachment
aAapplmay.doc ("r da)
April 1, 1994
Catherine Clark, Al
Associate Plan
Department of Planning and D
380 A Avenue
rake Oswego, Oregon 97034
Via Fax No.: (503) 633-0269
SUBJECT: BISTORICAL I
Von K. Watson,
Dear Ms. Cleric,
I am pleased to submit this resume
Watson, ATA, a tesid+ent of Lake O
located in Guam for over twenty M
year. As discussed with you, this a
be the principal board member, zuy
lutlu a s.
A k C t1 i T It C 7 S
4400.40
oMMT
kgm
i riSTi/Qa
BOA= APPLICATION
r the above referenced position for Von Ke
?ego. Von Watson ArcWwcts has been
yran and in Lake Oswego for the past one
lication is under my name and while I would
rin and staff would serve as 11100oiate backup
Von Watson, AM, has the petforrru nce recoru, b"k8mund, Personnel and
experi'nce to successfully executet iisposition. I have a star of fully qualified
personnel•that can be of great assistj mce in the event consultatata are needed.
Von Watson Architects, Guam Offi4z, has just been commIssioned to serve as the
historical consultant to the Depastai nt of Parks and Recreation, Government of
Guam. With this contract we will providing historic arehltecWre services to the
Historic Resources Division for proj xt reviews, development recommendations,
restoration platys and tide research.
von Watson Architects has offices ]
In Oregon, Garry Papers, AIA. is ou
business development and communi
Region. Garry Papers, ALA, will be ,
unable to attend any of the schedulo
cated in Portland, Oregon and Agana, Guam.
Associate Principal and is involved in the
V relationships in the Pacific Northwest
vailable as a "back-up member" if I am
board meetings.
49
PEBSONA .PATH
Name van K.�iSitll,�t
Address _11�m.Dlamowd Deal
Years of Residence in Lake nswego
Employer :lass 312112RAUhW
Employer's Address 137 SE
=IQ!Q& '1<0ML BAr6KG&Q
Telephone 6 Q
occupation t �--�—�
Employer's Telephone Humber JJQJ 2J -'lZ9Z
Von. Watson, AIA
_--_ AArch / 1972 / Architecture
AIA Registition / 19go / oregor,, Guam, CNM, Arizona, Colorado, Texas
NCAR13 registration No.. 26,53
Garry Pgcrs, AIA
BA / 1977 / Art & A.rchitecturMal 'story
MAwh / 1953 / Architecture De igrt & History
AIA. Regisasation / 1996 / t?ce
NCARB Rei�tmtion No., 40,49
Our staff has experience in sevaxal arm f Historical Architecture as detailed below under
Relevant Projects.
Voss K. ` absson, AIA
Von has over 22 years of
from airpon offices, wary
serviceyard facilities, etc.
Gari Papers, AIA
Gary has W over 10 years of e.
arm He has acted as a Historic
Preservation Architect - McMat
Designer - SRO Partnership fro,
the world.
e exp nonce in Architecture. I - Lis projects range
restaurants, office buildings, interiors, hotels,
mricnce in Historic Architecture in the Portland
'reservation Consultant from 1984 to 1987,
Hawkins Dortignacq in 1985, Project. Architect 8c
1985 to 1990 and has traveled extensively throughout
Asmtuti Abdullah
Asmuni has had one you profes iional experience in Preservation Projects located
in the Historic District -Upper E ist, Manhattan and New York, two years
undergraduate courses in Arch tectural History and one semester in Architectural
Preservation at the University o4 Pennsylvania.
50
im
Jessica has studied and worked on Historical Architecture and Architectural
Preservation Projects in Philadelp 'a, Massachusetts, Iran and Spain. Historical
Preservation has also been a long 'ane personal interest to Jessica.
,tae Ji
Jae hex worked on several Histori •al Preservation Projects at Berkeley university
in C.alifomia. His project assignments have included Historical Surveys,
Documentation, Recreation, of Design Drawings do Details and ArWysla.
PROXE
vtt nttzss'
1990
J
1989
1989
1989
1989
1988
1988
Study of Historical town, Philadelphia
(Historical Survey, Doc enation and Analysis)
Crermantown., Philadelptua
Piedmont House
(Historical Survey, DocuTAntatian,
Recreation of Design
r)mwings •4r .tads
.sAysis)
Berkeley University, Cal
ifomia
Mstorical Resemm on
orth Hall
(Architects Design Critc
iA Analysis., Critical Design
Documentation -Use, and
Historical Relevance, 1900'x)
Bzrkeley University,
ornia
Remodeling of Turn -of- entur
Into 20 Condonniniu m U'its
Ar(-'�nora, PeansylvAia
7jocumented ffistorical War
Historical Survey, Doc ME
Philadelphia. Pennsylv is
Addition to Historical C urch
!ill Building
Project fa„ Chu rcu of Geau
in and Analysis)
(Architects Design Crite ia Analysis, Critical Design
Documentation -Use, and Historical Relevance)
Cambridge, Massachuse is
Remodeling of Turn -of- entui
Into 30 Condorr niurr: L nits
Delaware River, Pennsylvania
Restoration of Tum.of- entu r
Philadelphia, Pennsyly iia
Commercial Pier
Row House
Jessica:
;ae
Jac
Muni
Jessica
Jessica
Matsui
Jessica
51
1988 Docun-jenod Historical R search Project for Marixell Monastery Jessica
(Kistcxical Survey, ntatiun and Analysis)
Andom Spain 1
1988 Documented Historical R scan) Project for Academy of Fine Arts Jessicri
(Historical Survey, Doc ntatioc and AnRlpsis)
Philmdelphia. Pennsyly a
1982 Restoration and Renovati n of old Calvo House
Von
(Historical. Analysis and hitectstral i?c$190
Agana,Guam `
f
Von'Wataon, AIA 1981-84
Member of the Board, Civic-Cen er of Guam 1975-89
Aloha Council Chamorro Distric , B.S. of A. 1986-87
Boy Scouts of America Scout M Tater Troop #7 1975.91
Yeah leader LDS
Branch I District Presid4t LDS Church
Gam PSPCM AIA 1985-86
Portland Central City Plast Advi ry Comnnittce 1987
Portland, AIA, Design Awards 1992
International Committee Vice -C air 1993
Limbar Design CornmIttee Chair
1, Von Watson, would I+Ice to srcve "A oud rnem6cr to offer my professional sarJiees inNrolveci
with the Historic Review Board and to t mune involved in thetw,.owmunity. I have an interost in
Historical Architecture and would like to opporit;, tea serve ray community. I wotdSLOW to
assistance of your office to become f ' iar with local historical reWilrer""Its.
I look forward to presenting my
Departrrtent of Planning and Ile
Sincerely,
VON WATSON ARCWTRCT-5
Von K. Watson, ALA►
Pmsident
,ns in greater detail and to be of service to the
Labe Oswego.
5A'.4
v
4 Touchstone Drive, Apt. 130
Dake Oswego, OR 97035-1957
(503) 536-5371
April 29, 1994
Dear Alice:
This letter informs you that I will be resigning my
position as I.,ake Oswego City Councilor effective May 31, 1994.
As you know, I will be graduating from law school in a few
weeks. After a long and fruitless effort to find employment in
this region, I have decided to pursue opportunities available to
me in Michigan. Consequently, I must prepare to take the bar
exam there in July.
This has been a difficult derision to make. I hope you
will understand that I did not anticipate leaving my Council
position before completing my term, and 1 regret that I must do
so now.
I have enjoyed working with gnu, and I have tried to make a
solid contribution to the City of Lake Oswego during the past
year. This is a wonderful community, and I have liked being a
part of it.
Thank you for your understanding.
With best regards,
/t�4(4—
Councilor Bob June
To: Alice Schlenker, Mayor
Doug .Schmitz, City Manager
From: Jeffrey G. Condit, City Attorne
Re: Filling the vacancy caused by the resignation of Councilor
June.
Date: May 2, 1994
For the forth time in three years, the City Council has a vacancy
due to resignation: Councilor Robert June has resigned his seat on
the Lake Oswego City Council, effective May 31, 1994. You ask to
be refreshed on the process for filling vacancies on the Council.
Lake Oswego Charter Chapter VII Section 31 states that vacancies
shall be filled by a majority vote of the remaining members of the
council. The person appointed fills out the remainder of the
elected term, unless the vacancy occurs during the first two years
of the elected term, in which case the remaining two years are
filled by election at the next general election.
Councilor June was appointed to fill out the remainder of Councilor
Rd Marcotte's term of office. Ed Marcotte was elected at the 1990
general election and so the position comes up for election on its
regular cycle at the November 1994 general election. The person
appointed to fill the seat will therefore serve until the
councilors elected in November take office on January 1, 1995. (As
you know, the three Council positions that come up for election
emery two years are not filled by position or ward, but are filled
at larges by the three persons running who obtain the highest number
of votes. Of course, this could include the person appointed to
fill the seat, should that person choose to run.)
T,e Charter does not require any particular procedure or time -line
for filling a vacancy on the Council; as in the past, the City
Council's first order of business is to decide on the process.
WTuen Councilors Jack Churchill and Merry Colvin resigned, for
example, the Council solicited candidates and conducted extensive
interviews before selecting Councilors Mike Anderson and Mary
Puskas. In contrast, when Councilor Marcotte resigned, the Council.
quickly appointed Councilor June, who had run for the Council the
previous November. Given the closeness of the November election,
the Council may even decide to wait and let the voters Fill the
vacancy. (A six -person council could, however., result in
deadlocked votes and thus no decision. Unlike Robert's Rules,
where a tie vote means the question fails, Charter Chapter IV
Section 15 requires a majority vote to decide a question, yea or
nay. )
If you have any further questions, please do riot hesitate to ask.
c - City Council.
CrFY CSE LAKE OSWEGO
COUNCIL REPORT
To: Lake Oswego City Council
From: Jeffrey G. Condit, City
Re: Request from Glenmorrie
Review Fee for Phase V o
Project.
Date: May 2, 1994
INTRODUCTION:
Attorn7oopo
Water to waive the Plans
f the Cherry Lane Improvement
The City Council has received the attached request from the
Glenmorrie Water Coop to waive the $1800 plans review fee for Phase
V of the Cherry Lane Improvement Project.
BACKGROUND:
The Glenmorrie Water Coop is a private water provider similar to a
special district which provides water to residents in the
Glenmorrie area within the City of Lake Oswego. Pursuant to the
City's authority over fire protection, the City entered into an
agreement with the Glenmorrie Water Coop in 1984 wherein the Coop
.greed to upgrade its water distribution system so that it had
suffic�.ent pressure for adequate fire flows and the installation of
hydrants. The Water Coop is about to begin the fifth and final
phase of the project.
The agreement with the Coop requires City review and approval of
the plans for the system. As you know, the City requires such
plans review before any public entity, district or utility installs
any improvements in the public right-of-way or connecting to the
City system. The City charges a plans review fee for this service.
T`he plans review fee that would normally be charged to the Coop in
this case is $1500.
In its letter, the Coop Board argues that the parties in 1984
intended that the plans review fee would be waived. They
acknowledge that the agreement does not expressly state that fees
would be waived, but note that they have not been charged such fees
for the previous four phases.
Staff is handicapped by the fart that none of the city officials
who negotiated the original agreement still work for the City. We
have not found any information in the files which confirms for
refutes) that waiver was intended. Several members of the current
Council Report
Request from Gl.enmorrie Water Coop
May 2, 1994
Page 2
Coop Board were involved in the development of the original
agreement, however, and are sincere in their belief that the fees
were intended to be waived.
when we briefly discussed the request at the Council's Monday
morning agenda briefing, several Councilors expressed concern about
creating a precedent that would result in every utility or district
requesting a waiver of the fee. Given the unique circumstances of
the 1984 agreement to construct this project, which benefits the
City and resulted at the request of the City, I do not believe that
granting the Coop's request in this case would create a precedent.
In the last paragraph of their letter, the Coop Board acknowledges
that their request is not intended to set a precedent. The Board
expressly recognizes that any waiver is unique to this project and
inderstands that the Coop will be treated like any other applicant
with respect_ to review of any future construction.
RECOMMENDATION
f the Council decides to waive the fee, Staff recommends that you
do so based upon the unique circumstances in this case and with the
understanding expressed above and in the Coop's letter that the
Coop will be required to pay all applicable City fees when
undertaking future projects.
Glenmorrie Cooperative Assn.
P.O. Box 451
Lake Oswego, OR 97034
May 1, 1994
Mayor Alice Schlenker
and
Lake Oswego City Council
re: Glenmorrie Water Coop
Cherry Lane Improvement
During the week of May 2, 1994, the Glenmorrie Nater
Coop expects to commence work on the 5th and Sinal phase
of an improvement project begun almost 10 years ago. The
purpose of this project has been to provide adequate
fire protection to the residents of the Glenmorrie area.
This undertaking was commenced in partnership with Lake
Oswego, pursuant to an Agreement with the City which
was signed in 1934.
As we now near completion of this work, the Coop, through
its Board of Directors, and for the reasons set forth
below, respectfully request that the City waive any fee
for "review" and/or "inspection" which might otherwise
be charged for a construction project of this nature.
In the early :1930s, the City's concern about its obligation
to provide its residents with fire protection, was
discussed in detail with the Glenmorrie residents and our
water Coop. At that time, Glenmorrie had no fire hydrants
and the water pressure in our system was sufficiently low
that adequate protection would have been dubious even
with hydrants. This situation was a concern both to Lake
Oswego and to the residents of Glenmorrie.
Accordingly, and in lieu of other alternati.ves(such as the
City taking over our water system), the two sides were
able to negotiate an Agreement. In essence, Glenmorrie
would draw -up and implement a long range plan to provide
fire protection for its members. Lake Oswego, in turn, would
be relieved from any obligation to undertake a more
immediate (and more expensive) solution to this problem.
Over the next decade, Glenmorrie has planned, financed and
constructed a comprehensive upgrade to its entire water
system. Virtually all of: our members now have fire protection'.
- a -
ire are now on the final phase of this project. When
completed,all of our residents will have an acceptable
level of water pressure.
The Coop recognizes that the topic of ".fees" to review
and inspect our work, is not specifically addressed in the
Agreement with the City. However, the intent of that
arrangement has always beenminently�c1ear --- to both
sides.
The members of our Board, whose signitures you will find
below, were all involved with the negotiations leading up
to the 1984 Agreement. There is no doubt that it was
contrary to any explicit or implicit intent that the Coop
would be charged for the City "reviewing" or "inspecting"
this work. The fact that Lake Oswego might have to devote
time to assisting in completion of this project, was
deemed to be simply part of the consideration given in
exchange for being relieved of the primary responsibility
to implement a suitable fire protection system in Glenmorrie.
The best evidence of the intent of the parties, is how
they have acted with respect to this Agreement during the
last 10 years. Four out of five phases of this project
have been fully completed. Not once has the City ever
tried to impose a review or construction fee upon the Coop
for work related to this project. Frankly, it does not
strike us as fair --- at this late date ---and on the eve of
completion of the work, that any such fee should now be
imposed.
lie can assure the Council that Glenmorrie is not attempting;
to establish any precedent by this request. With respect
to any future construction, the Coop would expect to be
treated like any other applicant. Our request here, though,
is clearly unique. We are asking only that, on this project,
the City continue the same practice which has been in
effect for eveyother phase of this work.
We thary4!�--fou/1-cF your consideration.
r -p` M. MoutL,..Pre iident
enmorrie Water Coop
G
can , -,ay,—Secret
/ ' T
3 D 'A' AVENUE
May 5, 1994
y
005-MICE BOX 369
LAKE OSWEGO.
OREGON 97034
$03) 635.0213
=.AA 11503) 697-6594
Jean Gray, Secretary
Glenmorrie Cooperative
su-oa i SCHLENKER,
PO Box 451
MAYOR
Lake Oswego OR 97034
C W CE) ANDERSON,
pear e ✓)
COUNCILOR
Last a ening, the City Council authorized the staff to waive the $1,800
kt'+1FR t
fee far the review and processing of the plans for the fifth phase of the
COUNCILOR
Glenmorrie Water Cooperative's Cherry Lane improvement project.
The Council undertook this action as a good neighbor policy, while
OWL-AM HOLSTEIN,
acknowledging that the written agreement between the parties does not
COUNCILOR
reference the waiving of such fees.
BOB JUNE,
COUNCILOR The Council specifically noted in the record that this was a one-time
waiver, and all future plan checks and processing costs associated with
'BL KLAMMER, projects of the Glenmorrie Water Cooperative would require the
COUNCILOR payment of the applicable City fees not expressly exempted in the
agreement.
VARY PUSKAS,
COUNCILOR Best wishes as you commence this project.
Sincerely,
Alice L. Schlenker
Mayor
ALS/sms
Glenmorrie Cooperative Assn.
P.O. Box 451
bake Oswego, OR 97034
May 1, 1994
Mayor Alice Schlenker
and
Lake Oswego City Council
re: Glenmorrie Water Coop
Cherry Lane Improvement
During the week of Itay ?, 1994, the Glenmorrie Water
Coop expects to commence work on the 5th and final phase
of an improvement project begun almost 10 years ago. The
purpose of this project has been to provide adequate
fire protection to the residents of the Glenmorrie area.
This undertaking was commenced in partnership with Lake
Oswego, -pursuant to an Agreement with the City which
was signed -in 1934.
As we now near completion of this work, the Coop, through
its Board of Directors, and for the reasons set forth
below, respectfully request that the City waive any fee
for "review" and/or "inspection" which might otherwise
be charged for a construction project of this nature.
In the early 1980s, the City's concern about its obligation
to provide its residents with fire protection, was
discussed in detail with the Glenmorrie residents and our
water Coop. At that time, Glenmorrie had no fire hydrants
and the water pressure in our system was sufficiently low
that adequate protection would have been dubious even
with hydrants. This situation was a concern both to Lake
Oswego and to the residents of Glenmorrie.
Accordingly, and in lieu of other alternatives (such as the
City taking over our water system), the two sides were
able to negotiate an Agreement. In essence, Glenmorrie
would draw -up and implement a long range plan to provide
fire protection for its members. Lake Oswego, in turn, would
be relieved from any obligation to undertake a more
immediate (and more expensive) solution to this problem.
Over the next decade, Glenmorrie has planned, financed and
constructed a comprehensive upgrade to its entire water
system. Virtually all of our members now have fire protection.
Alice L. Schlenker
Mayor
ALS/sms
c: Members of the City Council
Douglas J. Schmitz, City Manager
May 4,1994
390 'A' AVENUE
POS' 04ICE BOX 369
LAKE OSWEGO,
01LEGON 97034
503) 635-0213
Von K. Watson, AIA
fA,ity'S43) 6,97-6594
15393 Diamond Head Road
Lake Oswego OR 97034
d4l'tCE L SCHLENKER.
Dear Mr. Watson:
MAYOR
It is a pleasure to advise you that on Tuesday, May 3,1994, the
C+nAa�ES C ;'wr�:E�! ANDERSON,
City COunLil of the City of Lake Oswego confirmed your appointment
CODERSON.
to the Historic Review Board ("HRB"). Your three-year term will begin
w� -a CHRISMAN.
immediately and continue through April 30, 1997. Although the City
COUNCILOR
Council did not wish to recommend Garry Papers, AIA, as a co -member
on the Board, Mr. Papers is welcome to attend the meetings of the
sMj�.-tA1,A HOLSTEIN,
Historic Review Board as an interested citizen.
COUNCILOR
The HRB usully meets on the second Thursday of each month. Staff
908 JUNE,
will contact you prior to your first meeting with the Board.
COUNCILOR
Oil behalf of the City Council, I wish to thank you for your willingness
SI:: KLAMMER,
to devote your time, energy, and knowledge to enhancing the quality of
COUNCILOR
life of our community.
MARY PUSKAS,
Sincerely,
COUNCILOR
Alice L. Schlenker
Mayor
ALS/sms
c: Members of the City Council
Douglas J. Schmitz, City Manager
TO ASSUIRE LEGOBO OTY
Glenmorrie Cooperative Assn.
P.O. Box 451
Lake Oswego, OR 97034
MIay 1 , 1994
Mayor Alice Schlenker
and
Lake Oswego City Council
re: Glenmorrie Nater Coop
Cherry Lane Improvement
During the week of Itay 2, 1994, the Glenmorrie Plater
Coop expects to commence work on the Sth and final phase
of an improvement project begun almost 10 years ago. The
purpose of this project has been to provide adequate
fire protection to the residents of the Glenmorrie area.
This undertaking was commenced in partnership with Lake
Oswego,•i?ursuant to an Agreement with the City which
was signed -in 1934.
As we now near completion of this work, the Coop, through
its Board of Directors, and for the reasons set forth
below, respectfully request that the City waive any fee
for "review" and/or "inspection" which might otherwise
be charged for a construction project of this nature.
In the early 1980s, the City's concern about its obligation
to provide its residents with fire protection, was
discussed in detail with the Glenmorrie residents and our
water Coop. At that time, Glenmorrie had no fire hydrants
and the water pressure in our system was sufficiently Low
that adequate protection would have been dubious even
with Hydrants. This situation was a concern both to Lake
Oswego and to the residents of Glenmorrie.
Accordingly, and in lieu of other alternati.ves(such as the
City taking over our water system), the two sides were
able to negotiate an Agreement. In essence, Glenmorrie
would draw -up and implement a long range plan to provide
fire protection for its members. Lake Oswego, in turn, would
be relieved from any obligation to undertake a more
immediate (and more expensive) solution to this problem.
Over the next decade, Glenmorrie has planned, financed and
constructed a comprehensive upgrade to its entire water
system. Virtually all of our members now have fire protection.
We are now on the final phase of this project. When
completed,all of our residents will have an acceptable
level of water pressure.
The Coop recognizes that the topic of "fees" to review
and inspect our work, is not specifically addressed in the
Agreement with the City. However, the intent of that
arrangement has always been imminently clear --- to both
sides.
The members of our Board, whose signitures you will find
below, were all involved with the negotiations leading up
to the 1984 Agreement. There is no doubt that it was
contrary to any explicit or implicit intent that the Coop
would be charged for the City "reviewing" or "inspecting"
this work. The fact that Lake Oswego might have to devote
time to assisting in completion of this project, was
deemed to be simply part of the consideration given in
exchange for being relieved of the primary responsibility
to implement a suitable fire protection system in Glenmorrie.
The best evidence of the intent of the parties, is how
they have acted with respect to this Agreement during the
last 10 years. Four out of five phases of this project
have been fully completed. Not once has the City ever
tried to impose a review or construction fee upon the Coop
for work related to this project. Frankly, it does not
strike us as fair ---at this late date --- and on the eve of
completion of the work, that any such fee should now be
imposed.
lie can assure the Council that Glenmorr.ie is not attempting
to establish any precedentby this request. With respect
to any future construction, the Coop would expect to be
treated like any other applicant. Our request here, though,
is clearly unique. We are asking only that, on this project,
the City continue the same practice which has been in
effect for eve other phase of this work.
lie than*ifou/fief Your consideration.
M. I4outl_.President
lenmorrie Water Coop
Jean Gray, Secret
I, �;X'- � (:: z' Z � je�'- -e' /'�- � � � �
Alice L. Schlenker
Mayor
ALS/sms
c: Members of the City Council
Douglas J. Schmitz, City Manager
May 4,1994
39D 'A' AVENUE
PCS- DICE BOX 369
LAKE OSWEGO,
OREGON 97034
(503) 635.0213
Von K. Watson, AIA
=i a. ';03) 697.6594
15393 Diamond Head Road
Lake Oswego OR 97034
L SCHLENKER,
Dear Mr. Watson:
MAYOR
It is a pleasure to advise you that on Tuesday, May 3, 1994, the
CHARLES C r+MIRE) ANDERSON,
City y g y Council of the Cit of Lake Oswego confirmed our appointment
COUNCILOR
to the Historic Review Board CHRB"). Your three-year term will begin
•fes?+fFR CHRISMAN,
immediately and continue through April 30,1997. Although the City
COUNCILOR
Council did not wish to recommend Garry Papers, AIA, as a co -member
on the Board, Mr. Papers is welcome to attend the meetings of the
.%FL,,;iAM HOLSTEIN,
Historic Review Board as an interested citizen.
COUNCILOR
The HRB usully meets on the second Thursday of each month. Staff
eo®,UNE.
will contact you prior to your first meeting with the Board.
COUNCILOR
On behalf of the City Council, I wish to thank you for your willingness
$tll KUIM ,
ROR
to devote your time, energy, and knowledge to enhancing the quality of
COUNCILOR
life of our community.
UAAY PUSKAS,
Sincerely,
COUNCILOR
I, �;X'- � (:: z' Z � je�'- -e' /'�- � � � �
Alice L. Schlenker
Mayor
ALS/sms
c: Members of the City Council
Douglas J. Schmitz, City Manager