Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet - 1994-12-20 PM
LAKE OSWEGO CITY COUNCIL MEETING AGENDAS 12/20/94 STUDY SESSION & REGULAR. LAKE OSWEGO CITY COUNCIL REGULAR MEETING AGENDA FOLLOW-UP Tuesday, December 20, 1994 5:30 p.m.. Study Session I. CALL TO ORDER II. ROLL CALL III. STUDY SESSION A. 68 Kruse Way Signalization 1 ACTION: APPROVED OPTION 2 FOLLOW-UP: PUB .WKS. - BEGIN PROJECT B. t.1] Highway 43/McVey pathway -Oregon 13 Department of Transportation. C. SCHEDULED CITY COUNCIL WORKSHOP AND GOAL SETTING FOR JANUARY 6,7 IV. ADJOURNMENT 7:00 P.M. 7:00 n.m.. Regular Meeting I. CALL TO ORDER IL ROLL CALL III. CONSENT AGENDA A. BUSINESS FROM THE CITY COUNCIL 1. Letter from Maureen L. Neher resigning from 31 the Neighborhood Traffic Advisory Board. ACTION: ACCEPTED RESIGNATION WITH REGRET FOLLOW-UP: CMO SEC. - NOTIFY NTAB Council Agenda Follow-Up Page 1 of 7 December 20, 1994 I 2. Letter from Marilyn Lane resigning from the 33 Commission for Citizen Involvement. • ACTION: ACCEPTED RESIGNATION WITH REGRET FOLLOW-UP: CMO SEC. - NOTIFY CCI - ADVERTISE OPENING B. REPORTS 1. City of Tigard water agreement with Lake 35 Oswego -extension beyond December 31, 1994. ACTION: APPROVED EXTENSION FOLLOW-UP: CITY MGR. - SEND LETTER TO TIGARD 2 Award contract for Waluga Park Phase II. 39 ACTION: AWARDED CONTRACT TO BRANDT CONSTRUCTION FOR $284,950 FOLLOW-UP: PARKS - NOTIFY BIDDERS - EXECUTION OF CONTRACT 3. Recommendation from the Parks & Recreation Commission regarding the rowing agreement) excursion boat dock concession. (No attachments) (Continue to January 17, 1995) FOLLOW UP: RECORDS 05 ACTCONTINUED TO JANUARY17, 199 R - SCHEDULE FOR 1/17 4. Bid award for Westlake Park support 43 buildings and dugout roofs. ACTION: AWARDED BID TO JIM MILLER __ .. .. .. CONSTRUCTION FOR $141,921 • FOLLOW-UP: PARKS - NOTIFY BIDDERS • - EXECUTION OF CONTRACT 5. Cooperative agreement with the Lake Oswego 47 Corporation regarding the Lakewood Bay easement. ACTION: APPROVED AGREEMENT FOLLOW-UP: PUB.WKS. - EXECUTION OF CONTRACT Council Agenda Follow-Up Page 2 of 7 December 20, 1994 6. Foothills Acceptance of a drainage easement on 57 Road by the City Manager. 7. LORA recommendation to the City Council 63 that Council direct the City Attorney to initiate amendments to Development Standards and any other amendments that may apply in the Design Requirements chapter of the Design Guidelines. (Drop from agenda at this time) ACTION: DROPPED AT THIS TIME FOLLOW-UP: RECORDER - PLACE ON FUTURE AGENDA ITEMS 8. Award of bid for construction of Adult 65 Community Center storage shed. ACTION: AWARDED BID TO GLEN MAR CONSTRUCTION FOR $34,576.00 FOLLOW-UP: PARKS - NOTIFY BIDDERS - EXECUTION OF CONTRACT FINANCE - TRANSFER FUNDS FROM CONTINGENCY C. ORDERS 1. PA 08-94-1093, adoption of the revisions to the 69 Comprehensive Plan. ACTION: ADOPTED ORDER FOLLOW-UP: RECORDER - EXECUTION OF ORDER - NOTIFY DLCD - NOTIFY INTERESTED PARTIES PLANNING - DISTRIBUTE COPIES Council Agenda Follow-Up Page 8 of 7 December 20, 1994 D. ORDINANCES 1. Second reading by title only and enactment a. 2110, a general ordinance of the City 71 Council of the City of Lake Oswego amending LOC Chapter 32 (Traffic Code) to prohibit the storage of motor homes, trailers, boats or campers on public rights-of-way. ACTION: ENACTED ORDINANCE FOLLOW-UP: RECORDER - EXECUTION OF ORDINANCE CAO SEC. - CODIFY ORDINANCE b. 2111, a general ordinance of the City 75 Council of the City of Lake Oswego amending provisions of LOC Chapter:14 (Morals and Conduct) to delete the registration requirements from the solicitation section. ACTION: ENACTED ORDINANCE FOLLOW-UP: RECORDER - EXECUTION OF ORDINANCE CAO SEC. - CODIFY ORDINANCE E. RESOLUTIONS 1. 94-64, a resolution of the City Council of the 83 City of Lake Oswego dedicating the Paul H. Johnson Open Space. ACTION: ADOPTED RESOLUTION FOLLOW-UP: RECORDER-EXECUTION OF RESOLUTION PARKS - PREPARE SIGNAGE 2. 94-67, a resolution of the City Council of the 101 City of Lake Oswego amending the master fee resolution to adopt new tree ordinance fees and clarify the business license fees. ACTION: ADOPTED RESOLUTION FOLLOW-UP: RECORDER-EXECUTION OF RESOLUTION PARKS - PREPARE SIGNAGE Council Agenda Follow-Up Page 4 of 7 December 20, 1994 3. 94-66, a resolution of the City Council of the 103 City of Lake Oswego authorizing the Mayor to execute an intergovernmental agreement with the City of West Linn and the Tri-City Service District to provide interim connection to the sanitary sewer system of the City of West Linn for a single lot located in the City of Lake Oswego. ACTION: ADOPTED RESOLUTION FOLLOW-UP: RECORDER-EXECUTION OF RESOLUTION PARKS - PREPARE SIGNAGE F. MINUTES 1. August 29, 1994. 115 ACTION: APPROVED MINUTES FOLLOW-UP: RECORDER - EXECUTION OF MINUTES - DISTRIBUTE 2. December 13, 1994 119 ACTION: APPROVED MINUTES FOLLOW-UP: RECORDER - EXECUTION OF MINUTES - DISTRIBUTE IV. PRESENTATIONS/RECOGNITION A. Recognition of Alice L. Schlenker, Mayor, for her 123 election to the National League of Cities Board of Directors. B. AAA 55th Annual Pedestrian Protection Award 125 Program. Award to Lake Oswego for its safety conscious pedestrian/bike/pathway, which includes an innovative warning tone for the visually impaired at the crosswalk in front of City Hall. C. Government Finance Officers Association 1993-94 131 Certificate of Achievement for Excellence in Financial Reporting. Council Agenda Follow-Up Page 5 of 7 December 20, 1994 • V. ITEMS REMOVED FROM THE CONSENT AGENDA VI. CITIZEN COMMENT VII. BUSINESS FROM THE COUNCIL A. PRESENTATION OF DISTINGUISHED SERVICE AWARD AND SAILBOAT TO COUNCILOR BILL HOLSTEIN B. Councilor Klammer, recognition of the volunteers cablecasting the December 20, 1994 meeting: - PAM PETERSON VIII. REPORTS A. Luscher Farm Opportunity & Constraints Study 133 ACTION: ACCEPTED REPORT FOLLOW-UP: PARKS - PUT TOGETHER PROCESS OUTLINE AND A TIMELINE - FORWARD TO CLACKAMAS COUNTY - FORWARD REQUEST FOR NAMING TO PRAB IX. ORDERS A. 1092,AP 94-03 , Three appeals of a planning commission 153 decision for approval of an ODPS and planned development and approval of a two parcel minor land partition. The site is located at 3811 Carman Drive (ODPS 1-90\PD 6-92\SD 2-92-1056) The City Council voted 4-1 (Holstein voting no, Puskas excused)at their November 10, 1994 meeting to approve the ODPS with conditions. ACTION: ADOPTED AS WRITTEN FOLLOW-UP:RECORDER - EXECUTION OF ORDER • - NOTIFY INTERESTED PARTIES Council Agenda Follow-Up Page 6 of 7 December 20, 1994 X. ORDINANCES Second reading by title only and enactment A. 2097, a general ordinance of the City Council of 155 the City of Lake Oswego amending LOC Chapter 55 (Trees) to clarify sections of the Code. ACTION: ENACTED FOLLOW-UP: REORDER - EXECUTION OF ORDINANCE CAO SEC. - CODIFY ORDINANCE PLANNING - COPIES TO INTERESTED PARTIES B. 2109, a general ordinance of the City Council of the 171 City of Lake Oswego to amend LOC Chapter 12, Administration, and LOC Chapter 32, Traffic Code, to clarify sections of the neighborhood traffic management program. ACTION: ENACTED FOLLOW-UP: RECORDER - EXECUTION OF ORDINANCE - COPIES TO NTAB • CAO SEC. - CODIFY ORDINANCE XI. REPORTS OF OFFICERS A. City Manager • 1. Status report on the Boones Ferry Gap. B. City Attorney XII. EXECUTIVE SESSION Pursuant to ORS 192.660(1)(e) Real Property Transactions; and, ORS 192.660(1)(d), Labor Relations XIII. ADJOURNMENT Council Agenda Follow-Up Page 7 of 7 December 20, 1994 si•c'`"'a°,�r�, LAKE OSWEGO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 20, 1994 - °"°°" 5:30 p.m., Study Session City Councilors Municipal Courtroom Alice L. Schlenker,Mayor Mike Anderson 7:00 p.m., Regular Meeting Heather Chrisman City Council Chambers Bill Holstein Bill Klnrnmer 380 A Avenue Mary Puskas This meeting is in a handicapped accessible location. For any special accommodations, please contact the City Recorder, 635-0236, 48 hours prior to the meeting. 5:30 p.m.. Study a scion I. CALL TO ORDER IL ROLL CALL III. STUDY SESSION A. UI Kruse Way Signalization 1 B. ELI Highway 43/McVey pathway - Oregon 13 Department of Transportation. IV- ADJQURNMENT 7:00p,m.,Regular Meeting I. CALL TO ORDER H. ROLL CALL City Council Agenda Page 1 of 5 December 20, 1994 k:\kristi\agendas\12-20-94 III. CONSENT AGENDA A. BUSINESS FROM THE CITY COUNCIL 1. Letter from Maureen L. Neher resigning from 31 the Neighborhood Traffic Advisory Board. 2. Letter from Marilyn Lane resigning from the 33 Commission for Citizen Involvement. B. REPORTS 1. City of Tigard water agreement with Lake 35 Oswego - extension beyond December 31, 1994. 2 Award contract for Waluga Park Phase II 39 3. Recommendation from the Parks& Recreation Commission regarding the rowing agreement/ excursion boat dock concession. (No attachments) (Continue to January 17, 1995) 4. Bid award for Westlake Park support 43 buildings and dugout roofs. 5. Cooperative agreement with the Lake Oswego 47 Corporation regarding the Lakewood Bay easement. 6. Foothills Acceptance of a drainage easement on 57 Road by the City Manager. 7. LORA recommendation to the City Council 63 that Council direct the City Attorney to initiate amendments to Development Standards and any other amendments that may apply in the Design Requirements chapter of the Design Guidelines. (Drop from agenda at this time) 8. Award of bid for construction of Adult 65 Community Center storage shed. C. ORDERS 1. PA 08-94-1093, adoption of the revisions to the 69 Comprehensive Plan. City Council Agenda Page 2 of 5 December 20, 1994 k \kristi\agendas\12.20-94 D. ORDINANCES 1. Second reading by title only and enactment a. 2110, a general ordinance of the City 71 Council of the City of Lake Oswego amending LOC Chapter 32 (Traffic Code) to prohibit the storage of motor homes, trailers, boats or campers on public rights-of-way. b. 2111, a general ordinance of the City 75 Council of the City of Lake Oswego amending provisions of LOC Chapter :14 (Morals and Conduct) to delete the registration requirements from the solicitation section. E. RESOLUTIONS 1. 94-64, a resolution of the City Council of the 83 City of Lake Oswego dedicating the Paul 11. Johnson Open Space. 2. 94-67, a resolution of the City Council of the 101 City of Lake Oswego amending the master fee resolution to adopt new tree ordinance fees and clarify the business license fees. 3. 94-66, a resolution of the City Council of the 103 City of Lake Oswego authorizing the Mayor to execute an intergovernmental agreement with the City of West Linn and the Tri-City Service District to provide interim connection to the sanitary sewer system of the City of West Linn for a single lot located in the City of Lake Oswego. F. MINUTES 1. August 29, 1994 115 2. December 13, 1994 119 MOTION,SECOND,ROLL CALL VOTE BEADING 9 " RDINANCES BY TITLEAMY END CONSENT AGENDA Cay Council Agenda Page 3 of 5 December 20, 1994 k \knsti\agendas\12-20-94 IV. PRESENTATIONS/RECOGNITION A. Recognition of Alice L. Schlenker,Mayor,for her 123 election to the National League of Cities Board of Directors. B. AAA 55th Annual Pedestrian Protection Award 125 Program. Award to Lake Oswego for its safety conscious pedestrian/bike/pathway, which includes an innovative warning tone for the visually impaired at the crosswalk in front of City Hall. C. Government Finance Officers Association 1993.94 131 Certificate of Achievement for Excellence in Financial Reporting. V. ITEMS REMOVED FROM THE CONSENT AGENDA VI. CITIZEN COMMENT VII. BUSINESS FROM THE COUNCIL A. Councilor Klammer, recognition of the volunteers cablecasting the December 20, 1994 meeting: VIII. REPORTS A. Luscher Farm Opportunity & Constraints Study 133 IX. ORDERS A. 1092,AP 94-03 ,Three appeals of a planning commission 153 decision for approval of an ODPS and planned development and approval of a two parcel minor land partition. The site is located at 3811 Carman Drive (OOPS 1-90\PD 6-92\SD 2-92-1056) The City Council voted 4-1 (Holstein voting no, Puskas excused)at their November 10, 1994 meeting to approve the ODPS with conditions. X. ORDINANCES Second reading by title only and enactment A. 2097, a general ordinance of the City Council of 155 the City of Lake Oswego amending LOC Chapter 55 (Trees) to clarify sections of the Code. MOTION DISCUSSION ROLL CALL VOTE SECOND READING BY TITLE AND; City Council Agenda Page 4 of 5 December 20, 1994 k:\krixti\agcndai\12.20.94 4 B. 2109, a general ordinance of the City Council of the 171 City of Lake Oswego to amend LOC Chapter 12, Administration, and LOC Chapter 32, Traffic Code, to clarify sections of the neighborhood traffic management program. MOTION DISCUSSION ROLL CALL VOTE SECOND READING BY TITLE AND THE_ ENDMENT MADE DECEMBER 6 At its December 6, 1994 public meeting, the City Council substantively modified proposed 32.14.034(1)(B) as follows: "Percent of vehicles traveling at least 3 m.p.h. over the speed limit on the same segment of the project street used to determine traffic volume pursuant to subsection (a), divided by "3". The phrase "traveling"at least 3 m.p.h."was added to the proposed ordinance as drafted. XI. REPORTS OF OFFICERS A. City Manager 1. Status report on the Boones Ferry Gap. B. City Attorney XII. EXECUTIVE SESSION Pursuant to ORS 192.660(1)(e) Real Property Transactions XIII. ADJOURNMENT For a recap of actions from the Council meeting, call HELLO- LO Wednesday morning after 10:30 a.m., 635-1952 City Council Agenda Page 5 of 5 December 20, 1994 k:\)(Hai\agendas\12-20-94 • III - A CITY OF LAKE OSWEGO STUDY SESSION 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: Kruse Way Report ISSUE: Should the Council instruct staff to install the signal timing and intersection reconfiguration (alternative 5) to improve traffic flow on Kruse Way? OPTIONS: 1. Adopt alternative 5. 2. Do not adopt alternative 5 and choose another alternative improvement. 3. Leave existing signal timing on Kruse Way. RECOMMENDATION: Adopt Option #1 DEPARTMENT OF ORIGIN: Public Works FISCAL IMPACT: $50,000 NOTICED (Date): PREVIOUS COUNCIL CONSIDERATION EXPENDITURE: $50,000 REVENUE: $ [Date(s)1: I4o BUDGETED? Yes ACCOUNT #295-002900-481335 ATTACHMENTS: Would the adoption or implementation fulfill Kruse Way staff report an identified City Council goal, past or Exhibit A, Kruse Way signal system report by City's traffic present? engineering consultant No Exhibit B, list of attendees at neighborhood meeting held October 31 Is this a policy for inclusion in the City's policy manual? Yes No X KAOSWIM DOC 0 ' J,o1 t.w ostvi 101 CITY OF LAKE OSWEGO COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: J. R. Baker, Public Works Director 4' SUBJECT: Signal System Status Report, Kruse Way and Boones Ferry Road DATE: December 15, 1994 Introduction This report is concerned with signal performance and improving the traffic flow along Kruse Way from Bangy Road to Boones Ferry Road. Background Kruse Way is a city arterial that connects to the I-5/217 interchange which is under the jurisdiction of ODOT. The City installed a series of traffic signals along Kruse Way and interconnected these signals (master control timing) in order to improve traffic flow. The intersections have been improved as commercial and residential land along the corridor has been developed, but motorists continue to complain about delays during the a.m., p.m. and mid-day peak travel times. Discussion Charbonneau Engineering, the City's consultant, has provided the current status report regarding signal operation of the system (Exhibit A). He has collected data and completed the necessary traffic studies to produce 5 alternatives and make the recommendations included in his report. Alternatives 2 and 5 produce approximately Level of Service C. Alternative 2 has the advantage of leaving the Westlake Drive traftYc lanes as they are and does not require any widening; however, the northbound and southbound left turn lanes would nsm have a separate left turn phase, which in traffic engineering terms is "non-protected". The overall delay of the average vehicle approaching the intersection from all directions with Alternative 2 has been calculated to be 21 seconds per vehicle. Alternative 5, recommended by the City's consulting traffic engineer, proposes that Westlake Drive be widened and the existing island removed to allow three separate southbound lanes (one left turn,one through lane and one right turn lane) approaching Kruse Way. This alternative also 03 recommends that the Westlake Drive left turn lane onto Kruse Way and the Kruse Woods left turn lane would have a separate signal phase with each having its own left turn signal light, referred to as a "protected" phase. The level of service of Alternative 5 would also be "C" and the overall delay of the average vehicle approaching the intersection from all directions has been calculated to be 24 seconds. The advantage of Alternative 5 is that left turn vehicles would not conflict with the through movements of traffic between Westlake Drive and Kruse Woods as they cross Kruse Way. While a final design has not been completed, an on-site inspection estimates that the necessary widening of Westlake Drive for Alternative 5 would be approximately six feet on the easterly side of Westlake Drive. It has been determined that it will be possible to obtain an even traffic flow along the corridor at 30 to 32 mph after the City implements the master control timing system. The '94-'95 budget includes $50,000.00 to accomplish the improvements with either alternative this work. The analysis has shown that with Alternative 5, it will be necessary to reconfigure the intersection of Kruse Way and Westlake in order to i-aplement our master control timing. Alternative 2 does not require reconfiguration of Westt"'cc Drive for master control timing to be implemented. Public Involvement • A public meeting for property owners and residents along the Kruse Way corridor was held October 31, 1994 at the Centerpointe 5 conference room. A list of those attending the meeting is attached (Exhibit B). Frank Charbonneau presented his report and discussion followed. Congestion along the corridor was the major concern but other traffic problems were discussed. Congestion at Bangy Road was considered the most acute problem by those attending and they felt that it was important to involve ODOT since Bangy Road is under State jurisdiction. The attendees supported the reconfiguration of the Westlake intersection and requested the same treatment at Kruse Oaks (Centerpointe's entrance), as well. This improvement will be addressed at a later date as a separate project. All attending parties appeared to be from the business sector along Kruse Way. Subsequent to this meeting, representatives of the Westlake Homeowners Association have indicated that they would oppose any widening of Westlake Drive at this time. Conclusion Because Alternative 5 has the added advantage of reducing the turning conflicts with the through moveinents, staff supports the consultant's recommendation. JB/kaa Attachment c4Win udp.'yeny\KRUSECCLOC 04 1 CHARBONNEAU ENGINEERING October 25, 1994 MEMORANDUM TO: Mr. Jerry Baker, P.E. OCT 2 6 1994 City Engineer City of Lake Oswego FROM: Frank Charbonneau, P.E. /C Traffic Engineer / " ' Subject: Signal System Report FL94118 Kruse Way Lake Oswego At this time we would like to present the findings and recommendations of the Kruse Way signal system project and identify what tasks remain to complete the study. The project was originally set up to be carried out in three phases of work. Phase one consisted of the data collection and evaluation of the existing signals on the Kruse Way and Boones Ferry Road arterials. This phase accomplished the field work, including signal and intersection inventories, performance of the speed/delay studies, evaluation of the system, and preparation of the written report (submitted November, 1993) . Block travel speeds were identified between each signalized intersection for the AM, midday, and PM peak hour periods. a '" EXHIBIT One SW Columbia, Suite 670, Portland,OR 97258 (503)228.9507 FAX (503) 228-9509 Page 2 Phase two consisted of system timing and analysis. This phase was completed in May, 1994. Using the Passer 290 (Progression Analysis & Signal System Evaluation Routine) timing software program and HCM (Highway Capacity Manual) signalized intersection analysis, signal timing plans were prepared for the alternative scenarios (AM, midday, and PM peak hour conditions) . Several sets of timing plans covering a range of cycle lengths were identified for the Kruse Way and Boones Ferry Road signals. The final output included a listing of the average progression speeds, intersection performance summaries (volume/capacity ratios) , best signal timing, and time/space diagrams. Upon further review and study of the speed/delay report (Phase One of the project) and the timing data from Phase Two, several conclusions were reached, including the following. o Travel time and delays recorded in the study have indicated very slow block speeds on Kruse Way during the midday and PM periods. It was common to document average speeds of 20 MPH in both directions on Kruse Way between the signals at Westlake/Kruse Woods and Boones Ferry Road. Some blocks had speeds less than 15 MPH. o The City's former master controlled system should be reactivated for the signals on Kruse Way. Updated system timing ( from the previous program and the from this analysis) could be combined to implement the master timing. Under system control, signal coordination would be established with improved progression speeds. 06 Page 3 o It will be necessary to modify the current operations and signal phasing at the intersection of Kruse Way and Westlake/Kruse Woods to effectively implement the system master control timing. o Presently the Westlake intersection operates with split (separate) northbound and southbound side street phasing. This is necessary because the intersection configuration includes two northbound left turn lanes. The phasing can be revised if the center lane on the northbound approach is changed from a through & left to a through lane. Further analysis has indicated that adding a separate southbound right turn lane will result in improving the intersection service level from LOS "D" to LOS "C" . The cycle length will remain relatively short ( 113 seconds) and the intersection will perform more efficiently under master control. Additional details and recommendations for the Westlake intersection are included at the end of this report. o Implementation of a master controlled system for the signals on Boones Ferry Road between Bryant and Spring Lane would not be beneficial . Without a continuous median left turn lane to serve the many accesses on this street, system timing would not be effective and it would be more efficient to have the Boones Ferry Road signals on actuated ( free) operation. Once the intersection phasing and lane configuration is modified at Westlake and Kruse Way, system timing on Kruse Way can be established. With a master controlling the signals on Kruse Way, signal progression and travel speeds will improve. Upon implementation of the master controlled system on Kruse Way, the last phase of the project can be accomplished and would include the "after" study of speed/delays on this arterial . In this phase, field studies would be conducted to measure the speeds and delays between intersections on Kruse Way after the system is placed under master control. 0 7 Page 4 Comparisons will be made with the before study to verify the improved progression. The information will be documented and presented in a written report to the City. Kruse Way At Westlake/Kruse Woods Intersection Proposal Currently the intersection operates with split northbound/southbound phasing on the Westlake and Kruse Oaks approaches. The northbound approach has one separate left turn lane, one center (shared left/through) lane, and one separate right turn lane. The separate northbound left turn lane is offset (to the east) about one half lane from the southbound left turn lane. Under the existing alignment, northbound left turns need to occur separately from the southbound movements for safety reasons. Traffic counts taken earlier this year for the signal system study indicate that 150 vehicles make the northbound to westbound left turn movements from the two lanes during the PM peak hour (highest traffic hour) . Considering that only one left turn lane would be necessary to handle this amount of left turning traffic, we analyzed several alternative phasing and timing plans for the intersection. Attached to this memo are several different phasing plans with variable cycle lengths. Intersection service levels were determined for each condition evaluated. The results indicate that with one separate northbound left turn lane, a center through lane, and one right turn lane, the 0ti •• Page 5 intersection service levels can be maintained at LOS "C" to HD" . Listed below are alternative conditions analyzed for capacity and intersection operation. Alternative No. 5 is the recommended improvement NO. Condition Cycle Length Phasing Delay/LOS 1 Existing 120"-140" Separate 35" D NB/SB Phases 2 NB Lefts 2 Alternative 95" NB/SB 1 Phase 21" C 1 NB Left Lane Non-Protected NB/SB Lefts 3 Alternative 105" NB/SB Separate 35" D Protected L- fts 1 NB Left Lane 4 Alternative 112" NB/SB Separate 31" D Protected Lefts 1 NB Left Lane 5 Proposed 113" NB/SB Separate ,i4" C (Recommended) Protected Lefts, 1 NB Left Lane, 3 SB Lanes with Separate Right The analysis indicates that one northbound left turn lane is sufficient to handle the left turn volumes. The recommended alternative (No. 5 ) would require some lane modifications on north and the south lags. In addition, some signal hardware and operational changes would be necessary. 0,) HCM: SIGNALIZED INTERSECTION SUMMARY Frank Charbonneau, P. E. === ___ Streets: (E-W) Kruse Way (N-S) Westlake/Kruse Woods Analyst: FC File Name: Area Type: Other 10-24-94 PM PK Comment: One NB Left Lane, Three SB Lanes, NB & SB Protected Lefts Eastbound Westbound Northbound Southbound L T R L T RLTRLTR ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 1 2 1 1 2 < 1 1 1 1 1 1 Volumes 165 850 50 15 1000 75 150 100 40 55 45 105 Lane Width 12. 0 12.0 12.0 12. 0 12. 0 12.0 12.0 12.0 12.0 12.0 12.0 RTOR Vols 25 20 15 30 Signal Operations Phase combination 1 2 3 4 5 6 7 8 EB Left * NB Left * Thru * Thru * Right * Right * Peds * Peds * WB Left * SB Left * Thru * Thru * Right * Right * Peds * Peds * NB Right EB Right SB Right WB Right Green 17A 43A Green 17A 20A Yellow/A-R 4 4 Yellow/A-R 4 4 Lost Time 3 . 0 3 . 0 Lost Time 3 .0 3. 0 Cycle Length: 113 secs Phase combination order: #1 #2 #5 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/c Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS EB L 1693 270 0 .65 0 . 16 37 . 5 D 22. 1 C T 3510 1367 0. 69 0. 39 19. 5 C R 1497 583 0 .05 0 . 39 13 . 9 B WB L 1693 270 0.06 0. 16 30. 6 D 24. 4 C TR 3462 1348 0 .87 0 . 39 24. 3 C NB L 1693 270 0. 59 0. 16 35. 9 D 31. 2 D T 1782 331 0. 32 0 . 19 25. 9 D R 1515 282 0.09 0. 19 24. 6 C SB L 1693 270 0. 22 0 . 16 31 . 5 D 27 . 3 D T 1782 331 0. 14 0. 19 24. 9 C R 1506 280 0 . 28 0 . 19 25.7 D Intersection Delay = 24. 3 (sec/veh) Intersection LOS = C . 10 Kruse Way Meeting Attendance List October 31, 1994 Name Companv Phone Number Bill Buckley Buckley Montgomery Lechevallier& 620-8900 Lindley PC Frank Charbonneau Charbonneau Engineering 228-9507 Steve Clark Community Newspapers 684-0360 Jan Espy Standard Insurance 321-7006 Cliff Dobson 636-2098 Neal Schoenborn American States Insurance 684-4250 Laura Gentry Forum Properties 598-1020 Karen Clarkson Speiker Properties 221-57(X) Les Youngbar Lake Oswego Police Dept. 635-0244 Jerry Baker Lake Oswego Public Works 635-0270 EXHIBIT B II A4Agrii a ► iilii .,..mina. WE TLAKE HOMEOWNERS ASSOC;ATION December 14, 1994 City of Lake Oswego 380 "A" Avenue Lake Oswego, Oregon 97034 Regarding: Kruse Way Signalization Dear Madam Mayor and Councilors: Upon review of the analysis prepared by Mr. Charbonneau, and clarification by Mr. Baker regarding the specifics of the option to "improve" Westlake Drive, we must express our strong opposition to the widening of the roadway and removal of the landscape islana as a "solution" to improving the current level of service on Kruse Way. The proposed alteration of Westlake Drive would significantly alter the neighborh000 character of the entrance to Westlake Drive, one of the principal gateways to the northwest corner of our community, and detract from the area's aesthetics. In addition, widening the roadway, and thereby, placing vehicular traffic closer to pedestrians, would deter rather than encourage the use of alternative modes of transportation, including, but not limited to, existing significant pedestrian/bicycle use of the pathways on Kruse Way and Westlake Drive. In reflecting on possible long-term solutions, we ask you first consider active encouragement of mass transit along the Kruse tray transit corridor. Site improvements, such as, bus turn-out lanes, transit shelters and pathway lighting are worthy of consideration, as well as, implementation of the "Traffic Management Program" addressed in prior traffic studies and agreements, an example of which from the Kruse Way annexation agreement is included for your reference. The consideration and implementation of these measures meeting our City's transportation improvement objectives, as well as being both economically and environmentally responsible, is appropriate prior to considering other "solutions". Additionally, any unilateral action by our City prior to the findings and recommendations of the 1-5/217 Subarea Study would be premature and, we believe, counterproductive. P.O. Box 2255 • Lake Oswego, Oregon • 97035 • • !i iII WE8111AKI., HOMEOWNERS ASSOCIATION We would very much appreciate being advised of any further consideration or action regarding this matter. It is our desire to be a partner with our City in seeking and implemewing long-term solutions to the continuing traffic/transp rtation challenges and opportunities facing our community. Sincerely yours, The Board of Directors Westlake Homeowners Association P.O. Box 2255 • Lake Oswego, Oregon • 97035 AM SETTLEMENT AND ANNEXATION AGREEMENT BETWEEN THE CITY OF LAKE OSWEGO, THE UNIFIED. SEWERAGE AGENCY AND BROADBENT DEVELOPMENT CORPORATION , HAYDEN CORPORATION, THE KRUSE DEVELOPMENT COMPANY, JONES MOORE CORPORATION , JOHN W. SHONKWILER, HOWARD MOORE, PORTLAND HOTEL ASSOCIATION LIMITED PARTNERSHIP, AND KRUSE R.P. ASSOCIATION LIMITED PARTNERSHIP September 9, 1988 • I J following Traffic Management Plan by 1 ,000 trips over a 24 hour period of two-way volume , ten trips of p.m. peak enter volume , and 370 trips of p .m. peak exit volume. Within this Master Plan project there will be several phases . Each phase is required to provide its proportionate share in the reduction of the trip generation difference identified above . Phase I consisted of a 121 , 385 gross square foot office building and required a reduction in its trip generation by 86 trips over a 24 hour two-way volume one trip per p.m. peak enter volume , and 32 trips for p.m. peak exit volume . Kruse Woods Two includes one building consisting of 125 ,000 square feet of offices and shall be required to reduce trip generation by 109 trips over a 24 hour two-way volume , 2 trips for p.m . peak enter volume, and 37 trips for p.m. peak exit volume. The reduction of trip generation for the •entire Kruse Woods development, as well as Kruse Woods Two, shall be carried out in the following program. 1 . Organization a. Kruse Way Corridor Board. An organization comprising representation of the property owners within the Kruse Way Corridor area has been formed to act as an overall traffic management forum. The Kruse. Way Corridor Board was formulated on June 27 , 1983 in conformance with the recommendations of the Kruse Way Traffic Report. The Board will aid the governmental entities and landowners in coordinating and aiding in the provision of traffic management programs initiated and carried out by individual traffic committees created for each development project within the Activity Center zone.. b. Individual Project Traffic Committee . Each development project will create a separate traffic committee with representation for each building or use constructed that generates traffic at a site within the Kruse Woods blaster Plan area. These individual committees , in turn will then be represented in the Kruse Way Corridor Board - Traffic Management Committee. Kruse Woods Two of the Kruse Woods development includes only one building . The Kruse Woods Two Traffic Committee is hereby created and consists of one representative , John W. Shonkwiler , 16325 SW Boones Ferry Road , Suite 207 , Lake Oswego, Oregon 97034 (Telephone 636-8119 ) . Subsequent phases of, the Kruse Woods master plan will name a representative for each subsequent building as such phase is approved by the appropriate governmental entity. c. Traffic Committee's Responsibilities . Each representative and the Traffic Committee as a whole for each phase of development shall impose and administer the traffic management program , approved by the appropriate governmental entity , upon the traffic at the identified intersections in the Clackamas County Kruse Way Design Plan that consistently exceeds Exhibit E Page 3 of 5 a volume to capacity ratio of 80%, and to respond to appropriate governmental inquiries regarding the implementation and management of such traffic management plans . Implementation of the traffic management plan shall include covenants , conditions and restrictions in all leases of space and sales of improvements that require user compliance with the authorized traffic management plan . d. Enforcement. Enforcement will therefore incLude both private right of action for breach of contract and public rights of action for zoning and approved development plan restrictions . In addition , the covenants , conditions and restrictions shall be included in the industrial park subdivision plat and recorded in the deed records of Clackamas County. > 2 . Traffic Management Program The Traffic Management Program to reduce the trip generation identified above , shall include , but is not limited to, physical site controls on existing traffic , p.m . peak hour existing traffic limitations , traffic monitoring , restrictions on the number of parking spaces , flex time and staggered work hours , sponsorship of public transit ridership programs , car pools , van pools , and similar ride sharing programs as further described below. a. Ridership Programs . Each building shall maintain a transportation bulletin board to provide ridership program information , transit system schedules , programs and potential incentives . The rider share program may also include new employee orientation , periodic distribution of newsletters , formation of ridership matching service , preferential location of parking for all ridership vehicles , van pooling, and the charging for parking with reduced rates for ride share spaces . This last ride share technique would prove extremely effective as a last resort method if all other traffic management techniques become unattainable. b. Alternative Work Schedule Programs . The Traffic Committee shall work with the users of each building to implement a program for staggered work hours , flexible work hours and compressed work weeks with the goal of shifting the existing times to hours before and after 4 :30 to 6 o'clock p.m . Such programs shall be monitored by the Traffic Committee to insure that there is a commensurate reduction in trip generation . For example , Phase I of the Kruse Woods development includes a 121 ,385 GSF structure. The combined pm. peak volume is 253 trips, with a required reduction of a combined 33 trips . This reduction in p.m. peak trips represents approximately 16% of the buildings ' employes . The estblishMent of the alternative work schedules for 16% of the buildings ' employees can reduce the entire required trip reduction . Exhibit E Page 4 of 5 3 . Traffic Incentive Programs The primary intent of the Traffic Management Plan is to encourage mass transit ridership. In the event of isufficient mass transit ridership or walk and ride program involvement , the Traffic Management Plan insures that each building will reduce its trip generation by implementation of one or more of the above designated programs . Transportation committee and building representatives will work with Tri-Met to increase transit service to and through the Corridor. Encouragement of mass transit may include provision of transit information and schedules at transportation bulletin boards , new employee orientation and periodic distribution of information with the payroll . Other incentive programs may be provided where appropriate and feasible by discounting on the rate of transit passes and tickets or providing other bonuses for using transit . Monitoring . At the time of approval of each phase of the development , the developer will provide to the County information from a qualified transportation professional on the current p .m . peak service level status or volume to capacity ratio of the applicable Kruse intersections that will be affected directly by the development and also information on the smaller p .m . peak traffic that will he generated by the development . After implementation of the traffic management plan as required in the Clackamas County Kruse Way Design Plan , paragraph 5 at page 9, each building representative will monitor , semiannually, to assure that the building ' s users are carrying out the building ' s traffic management plan . The designated building representative shall conduct building exit polls at p .m . peak hours upon request of the County , such exit polls to be conducted for a period not exceeding five working days and reported once annually. Exhibit E Page 5 of 5 i l � III - B STUDY SESSION 12/20/94 CITY OF LAKE OSWEGO AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: ODOT proposal to widen the west side of Highway 43 between Oak Avenue and Burnham Road to construct a bike lane. ISSUE: Information Only OPTIONS: No Action Required RECOMMENDATION: No Action Required DEPARTMENT OF ORIGIN: Planning and Development FISCAL IMPACT: $ I NOTICED (Date): N/A PREVIOUS COUNCIL CONSIDERATION EXPENDITURE: $ REVENUE: $ [Date(s)]: N/A BUDGETED? YES NO ACCOUNT# ATTACHMENTS: Would the adoption or implementation 1. Memo from Ron Bunch, Senior Planner to the fulfill an identified City Council goal, past City Manager and related attachments or present? Is this a policy for inclusion in the City's policy manual? Yes No X (:\common j\mn_b\hwy43.doc 13 0, E • moN DEPARTMENT OF PLANNING AND DEVELOPMINT MEMORANDUM TO: Doug Schmitz, City Manager FROM: Ron Bunch, Seniur Planner DATE : December 14, 1994 RE: Highway 43 Bike Way -- Oak Avenue to Burnham Road INTRODUCTION Oregon Department of Transportation (ODOT' s) representatives will be present at the December 20, 1994 Council work session to discuss ODOT ' s proposal to widen the west side of Highway 43 from Oak Avenue to Burnham Street . The purpose of the project is to remove what ODOT considers, a significant pedestrian and bicycle bottleneck along Highway 43 . BACKGROUND/DISCUSSION This project has aroused considerable public interest . On November 17, 1994 ODOT held a public meeting at City Hall to discuss the project . Between 25 and 30 persons attended and except for an active bicyclist, they were opposed to the project for the following reasons : - Highway 43 has significant safety and access problems . These issues need to be addressed first before constructing a bike way . Bicyclists and pedestrians can use the sidewalk on the east side of the highway. - The construction of a bike lane would make an already dangerous situation worse by encouraging bicyclists to cross the bridge . A safe transition does not exist once bicyclists are across the bridge . - The project would require significant straight rock cuts and grading . These rock wall and slopes are already unstable . This action would endanger homes above the roadway and decrease property values . 15 380'•A" Avenue • Post Office Box 369 • Lake Oswego,Oregon 97034 Planning Division:(503)635-0290 • Building Division:(503)635-039( • FAX(503)635-0269 The minutes of this meeting are appended as Attachment "A. " ODOT staff indicated they are open to discussing alternative routes for the bike way if they address the safety and connectivity issues that this project is designed to resolve. One option, which was discussed, is to construct a bike path along River Road to connect the existing Highway 43 bike lane south of Burnham Road to Lake Oswego. Alternative routes would require ODOT and the City to enter into a cooperative agreement. ODOT would provide funds for construction with the City managing the project . There would be challenges to using the River Road route. If state funds are used, the bike facility would have to be constructed to ODOT's standards . In this instance, there may not be adequate right-of-way. Also, City staff encountered opposition from River Road residents to past City proposals to build a pathway along the street . This project has been driven by ODOT staff . Three years ago the ODOT Pedestrian and Bicycle Program Manager and others identified the project area as a significant obstacle to pedestrian and bicycle travel . In January, 1994 a Oregon Bicycle Committee meeting was held in Lake Oswego and the group, including Xavier Falconi, the City' s previous Transportation Services Manager, expressed support for the proposal . The City has had ongoing contact with ODOT regarding this matter since October, 1994 . Please find attached related correspondence . In addition, the Parks and Recreation Advisory Board has reviewed the proposal . Their recommendation is also attached. ATTACHMENTS: A. ODOT minutes of the November 17, 1994 public involvement meeting dated November 23, 1994 B. Park and Recreation Advisory Board Recommendation on Highway 43 Bike Way dated November 28, 1994 C. October 31, 1994 letter to Mayor Schlenker from Alan Fox regarding the proposed project . D. November 23, 1994 memorandum from Michael Ronkin, Pedestrian/Bicycle Program Manager in response to a letter from Alan Fox Opposing the project . E. October 10, 1994 staff response regarding ODOT's request for comments on the project . pc: Lam Han, _ ODOT -- Project Designer Carl Mickelson, ODOT -- Assistant Project Manager 16 ATTACHMENT A �:\ e t+\ �2\wikvy itY `�a`'�,\F \\\�y t' ri y\rG'x \\Q.\\\�\SL'�L ear?' ,l ;..':Ii''M'6`-."` ` / ▪ 4 •+3`\[?�.`ym \; \o\ ��� as \ \ y4 . \ `%i s Ya ''� 4') r \��\:** o- ,A `\ \ \ Vin+.: r f1,$ F :,y\ \ \\ \\ \,\ 1 \ c. / f est �"w �. \ 'n i.\4.\\\\y.��0 a \y.`\�\� 0 ��\y�` `A' 7D'' ��\:: v�i i fG� �.yl'' . �� ��\\�\, \Ct.\\h�.. r rr Z\\�\ d`k+ •": •° '~i \�4\• �! j\�V'',y, ��+ i.;"?G,r1f.•`, �y \� 5.... `� \\�`: \ \24 �r?'� \\ \• S .i;S` ` `\'a'Sr'!i/��� t r r �ya@4 ;.tr . { \4 !.,1V s \ \ \'Tigi\tyy��\ . \ .,: ">. ,\ \1`\�\' \ \\, \.",,V`i.d�' ,10,/�f '6 ^n .C.py Y. 4yy,. .. . \ S . 4\ \ ' \ . \ . \ fL r/ -;.,,,,,t:;,,:...,:�Qv4\\,\\\-s.„-1v4••i ..• ..\ ,\ \ 'v:.:i' .».. •.. �i-.+ .�vw: :\",,]A` ^: " Z. ln.% (.k\} �\u INTRODUCTIONS Walt Bartel Carl Mickelson Lam Han Larry Olson - Technical Support Manager, Bike/Pedestrian Program Paul Hailey Ron Bunch - Senior Planner for the City of Lake Oswego Doug Anderson - Traffic Operations Opening Remarks: Lake Oswego - has not formed an opinion on this project as of yet. Ron Bunch will hear people's comments and take back to the council. PROJECT DATA • McVey Avenue - Burnham Road (bikeway) - Oswego Highway - 0.39 miles, or 2000' • 1993-1998 Six Year Transportation Improvement Program - programmed for $440, 000 as a modernization project, using bike funds • Draft 1995-1998 Four Year TIP - still shown for 1995 construction • We hope to get it under construction in late 1995. The Purpose of Project - This is a narrow steep section of the Oswego highway. This section is one of gaps in the bike route from Lake Oswego to West Linn. Presently this section is dangerous for bicyclists because it is steep, narrow and has limited visibility. This section is also dangerous for the motoring public for the same reasons. 17 1 This project will address both concerns. It will provide a wider northbound shared lane and a 6 foot bicycle lane shoulder southbound. The project will allow commuter bicyclists to use the roadway both north and southbound. The existing pedestrian walkway should become safer - it would be used by pedestrians and only the slower moving bicyclists. The proposed work will widen the roadway to the west, towards the rock bluff. Existing roadway width is 26' - 27'. We propose widening it to 33' , with a 15' shared lane northbound and a 12' lane with a 6' shoulder bikeway southbound. we would move the curb and barrier back towards the bluff, maintaining the existing screening that prevents rocks from falling onto the road. We may need to cut into the duff in some places and build some retaining wall. We definitely want to avoid taking any right-of-way, and want to avoid taking any trees. We don't have all the details yet. We just finished our survey work Some of you have seen surveyors in your yard. That doesn't mean we are going to affect your property. We need to accurately survey our right-of-way line. This often means surveying adjacent property corners. Also, our geologists wanted good survey information well past the top of the cliff. Our present schedule is: • Finish the base map (contours, existing features) • Work up our design (we started in May 1994) • Send our work to Salem where the final plans and specifications are put together (March 1995) • Begin construction in Fall of 1995. The work will disrupt traffic. It will probably mean reducing traffic to 1 lane for a while - one lane with flaggers at each end, during non-peak hours. But keeping 2 lanes open during peak hours. Our public involvement consists of this meeting, a possible presentation to the City Council. We could meet with anyone who would like us to. Is there an interested neighborhood association? Blue Heron? McVey/South Shore? Neighborhood Association would be Hallanon. 1L 2 Comments from participants: • Dangerous - traffic tries to get ahead of people coming off the bridge. - curve is dangerous • Accidents not on proposed bikelane - the accidents are at the end of the egress. - need access off of hwy. to Marylhurst - traffic backs up - waste of money -traffic is the problem - check accident traffic counts • Local street left turn onto hwy. is impossible - visibility of other cars - backs up traffic - need three lanes - bike people are part of the problem • Bicyclists should not share w/pedestrians - need separate lane for cycles or share with motorists. ODOT mandated to provide bike paths. Work productively with ODOT. DEQ will shut Portland down. ;‘4)' • mandatedj,1330POCISli- Is OD° deal with alter'' • • To assure thattlip‘,`.4 • wisely propoOt „ • g(tiTWOUgRine-V-ICY0e Advisory UOMITIlitqaaatiN • Why take this route and not Old River Drive? • Bikepath on east was 9' wide when Marylhurst came along it was narrowed to 4' - isn't there some sort of standard? ,,„••••••• ,„,. 1.1111110w and/no;W. V$°:14\tiglisou ride a bike on it yes04 **7:40 •- • \,..Aommak„,,z,oadviamung,%,:\Nos% • Retaining wall - is that money included? . : vviis •w,:rft•-••,•••ms,..• vik.,.\\•ft.w.•....-.....,,,,.v**NAM • What minimum width for highways? -Reason for asking is that if ODOT comes along and says it wants a 4 lane highway in the future they will start condemning property. • • - • zwoommaiimmo.:44agivAN .k;'. .” i'l ;inge.0.7..CoPtefilf44.444.014*.N149.023 years aggt.PRMP;s4TW#441,144111' , , . think any aiiii0 ii$0 "466e"M4446iVs -) 19 3 • • Right turn lane as you come across the bridge seems dangerous. Can a bikelane be taken out and a left turn put in on McVey? • 2 lanes north - bike. • When built major restructuring and support will be needed on the bluff. • Worried about retaining wall. • When will it be complete? • Where do citizens go to object? w ,,•,,::: ;.:]i?::•:i,i ,•,:i...;.,:•.: 4:..Airwm,,,VTAVI.10,\ \ ...4•:..oitwim loymem:ii-giuii,'-vs ,7.-..-,,, ,,..,.:,•,:,;.- N.s,....-,,,,,,N.,tv? .-*.,..4......\.,,n- ....,?:,.,i,,,....,,i,.•.•i- :.. m ' ,, ,dottprwmer.04,,,,. .:., •':•• ...'-'-,,.„,:',,,wk. itetke-2,•':,.•:'.':.;. ::- .-'' ___:',••••,,:..:.:.•,_,,,ie, imoiv.it. \ ,. ..filpfoompedi4Ap,R".. .4.•.; - kiWg. listen'' to to cournm. ats,,kmookk,wadeepiwitztA0,,q,ez:.;.", f :,,..,-,1„...,. a4.. .. .. , .. .mimiv ,00,,,, mmxit.goioetrciiolint:ov.-, *InfwAtimrOgn city councii. -...:, --.:,..---. ' ----:.'..:.:.:valwaVAmako:.."., • Is it possible to 90 through Old River Drive? ..,..• . ...: ,,p‘, . •: ':-.•:: . , ...,•• •i • • : . : ,.,' •... .. ..;AN:4,:,:,: , k, •.• * • idea .•:':' gig.*?.../ Lake Oswego - heldt public meetings and the ideawo,ahot dowinkti, 'z • Increased noise during construction. • If improved then there will be an increase in traffic and that means more noise. • Concerned about the soil factor - causes vibrations which cracked walls. • Any alternatives? If so, what are the costs? ',...,:'..,;*,.. ..K., N.,,,.".M.10W4Migg: ..:' . . •'....•'...• s'. .'1':.' ].:.!':••• .:Aiir*,1 .. .. . ... . . , ,, , ,.,e,.. M the river s4 bikeway policy, Problem-is •., ,.•\\ 11t1 have to c4,4. t4ii,..to get toltie...i.ath,' Bikes have s*.t,....4,-.‘.,..,i f traffic .,.i.,e. ..,. .‘\, evw., i ow 1...94iarta hikA14 \\;:e.,,,T.A;„•.%.,:;:v...;.:4i,,..,.:. • an ,. 1:: ..k.4..!....,,V.,„iir..4,,P.;fit:§11,...-10..:,..*. ,..A7,777,m7.77.:.§::.4..., :',A s, \\ AN,iiititit016ifi# i...,0§(trAffiC,...,, ,,,kY • Shouldn't decision wait until the outcome of the corridor study? .v- 04 ::-\.:‘, ir,:;;.,,•,,,',,,, , .,. ••::s. .,'''Iblitii*, \ .::•.:40iiitiettito',- ..'' .•"14010ittiVA"). \\*0 ‘ i ... ,,,'N.:: :•_:,,,.•;...'.4,..;...'....w...'..?.:::%?.!..,.i.z..W.,,,...:Agii.m., ...5'..,401,,,,:\ ,,,,h.w44-4014.,*ti.,,,,:,i,:,..:.,:ga,..ii1C•1,0ii:iodim.,i„4 anotnet.:,. :..:,,,,,:.'- o'N*0.1.0%-hgRe,,NIo,AiniiMMINOR,,,ostiAiSioRMONAMo. • Flawed. Bikes will not go on gravel because it's not safe. Woud rather find alternate route or would ride in lane of traffic. Not inviting to cyclists. Can money dedicated to bikeways be used on roads that are not within ODOT jurisdiction? t.:‘,k\\‘1411I4ii.‘ : ... ,,,b.«,•• .3 .Ni . . titmoth.,,,the:tocal junsdi.ction,.:.,::: :::.••.• •a;iit*.kW,/ W.::::•umft.......:,N Ar t ,:ve f....,§ .,\:: ,s,,:wmaigiim:::,,,.:kviiii.r: • ,. , Ati.:::::.:,/4 ....qt.''''',:,;,' •`,..:''.:2•.)''''i Nforeack.ss a. ..:.: .e vateitpady4.,..4-....4 V- .- .‘ •*sl‘k.\..-***1:1ie • -, •Z‘f:\:•;:% NkN.',$*.x.i*''" \*'''..i -.,.'.; ::•?:eises-';‘,..,.; •:•,. .00044.074t4.V4 :5 S- .t. - t' :.stt-.....MAW 8..',•'''.-iAlk&-MMV:WW.,4,. .ti.W.,:;*.A.,,,,W.4.,,I,MIONNAgglett, , • Are our comments taken seriously? t. ..: .:.,:•.,:•'..::''...':•,:,...,Ao:::;;:::::..:.:,.::,]:::•;.::<.:::.•E•. •••••,•::•: :..::::y:•:/:]'i::.• :::'1i.",,••:': ..-:;:::',::,..:•::.:',:•••..-',:•::::::,:, " • ' • ' ':,. ' :::'RegaV :f:k..,...‘, ,,,,,,, ,:::::::::<.w•:.::::::•.,,.,:.:::::,:::-..,.,,,,••••-- :: : ::-.. ' •.'',..•..;•.:, :::,'.•:'•,•••:.•:.•.,' .....,•: , ' 1::;Vg0 z '' '.;';•t441(ltiit)1y,•in fact the New Era Road project near Canby was totally reV10 1 40 .----,,,.•.. ,:,-;:,,,,,.:• 1•:•::....,:•.: • ....„•„„,,4,..o. Ore . „,.. .NO. ..1.......,..,...s...a..0.....,,IOn. :,,,zweigg 2 4 J • Property value will be affected. • State disregarded this and disregarded how emergency vehicles will get to the scene of an accident. • Road not wide enough and the state will have to claim R/W. • House closest to hwy. (87th and Ashe) if road is widened to 33' then will affect property. • What is the timeline? ..... . ::.....:...;;i:iS!l:?': +t`•t`•<>id??::;•:i :, •..�\�,:.r.<:!:.v,: :•;%Ji:•`:f,!.:/l"1+`f. '%:d''::,�::r ,.,„,„„ ,, :;; e :z : 44,:'+fid !L •.40,..r::;;.,c �` ' f e(,�surve yn y) ig:}:R\\•.`.\\`y *,,.;q:?..k`,../r:/,. . /,. !�% '�,x >:''i'S,n,, /:y4,:'So;s}t!rh,?�i:;': ..., .... �ti�l��T+7'11�1�!r r�i.�,�G147�':��1." �, � .. • Will there be another meeting. :w:i::i:n2t.: ':',`9 Sr`.•`?%tits,??'t:R„;•\C••`::;:•;,i!F'•\\C`:�” ,::,,x.o :ati x ..� \ cra. 'd`\�:(:. �.•T....r�E�+•':it? ?"Y`i' <i?s`<%:}/:'sE ,..<.?..,•:....:� \.., .\ ,- '��i°'�'riii!sJ'l.••.:h" .,,::::44,.„:,:,4,... ..�\�:�•f:`•i+�;:ti`�:::�>:•:C,�'.!rr.:i:#i:;::i`y;{.>:::?.':U}:!;.:2t.%:`P:\\\.\\\\\�!;•ts'�.•;.:,e::7i �:..: r�'...J/f' �, .. ....H. •-•••-"•••: .. • How`mu\ch is this study costing taxpayers?\\\ k " 0% of canstru :: ,.,, $40,000 -guef... • Cannot shave bluff and leave it and establish angle of repose without R/W. • Question to Lake Oswego: Seems more feasible on Old River Drive, could the cit invoke looking at alternative? N\NI \\ \\\\ taw ,��\\\•rc, ;;\\ \ s :.\4\�\. V tk e.:. -mould have to gaf . \ ° ;;?Gammittec� involved • Need public meetings to get support to work with the state. • Safety concern - bus picks up for high school; dangerous to kids crossing highway. • Suggest that Old River Drive be the route. • People still going to use Old River Drive instead of 43 even if bikeway gets built. • Need general meeting - do not want to attract outsiders to the area by putting in a bikeway. • Old River Drive is currently being used by cyclists - why not make it safer to use? • Will the state look at Old River Drive? \��\ �%\tu�i.4:}:'•:iiJJiJ'i � rh::."'.Y">ti:Xj;k:,++i:;:�.tiQiti'rvt.4:(:.:j�:SCF .✓' •!Y,A\\\\\\\\\\\. .YQ'q.^..•'„h::._;:'S:r???%ii:!•,•'•.'•,. .,.6r 4r�f^:;; x:$,:,c '•'t\•. �k.\,.;4k%/4{.!.:'•: // \, \ � • , "o->w:,u•:::.:;,,: 3,.,a,Y¢+,',w i ja:: b� „< >.r:fi:�,iG\`k;`+.Ily`f'% /R� /y/ ::�\.c�•.,\��.\\.:�:\"a"�.1,>:}:i�{F!:iiii: ��Y>::>,'j/f,.:'l.�i:r,:ti:n,^.�}i:ii,'ti� iL.i:;:y: !%if•%•::•�,, 2:::?� ?F. 7/e.!;,.� �'4. .. %. i/ Meeting broke 8:22 p.m. 5 ? �i General comments heard throughout the meeting: ✓ McVey Intersection: How about"no turn on red"? Need northbound left-turn lane. ✓ Lighting is sparse ✓ School bus stop in a bad location, poor sight distance, dangerous place for children to cross. Can it be moved? ✓ Are signals warranted at McVey and Burnham? After the meeting we discussed follow-up activities: Ron will set up a working session with the City Council. Larry Olson will set up a meeting with the Bicycle Advisory Committee. Paul will ask Tamira Clark if funding could be delayed until 1996. :sb f:\sbarbar\hailey\pubinvol.doc 9 ;) N 6 i ATTACHMENT B ��` "°��.� Department of Parks and Recreation 4uw++ MEMORANDUM TO: on Bunch, Senior Planner FROM: 'ke Henley, Director Parks and Recreation DATE: November 28, 1994 RE: Parks and Recreation Advisory Board Recommendation on Highway 43 Bikeway At their November 16, 1994 meeting, the Parks and Recreation Advisory Board voted 4-1 in favor of sending a recommendation to Council in support of the Highway 43 Bikeway. In making the motion, however, they asked me to pass along the following questions and concerns which need clarification. 1. Make sure that the 1,600 linear foot pathway system ties into the existing pathway; which in fact, to the south of the project, looks like it does. 2. Does the pathway extend over the bridge and Oswego Creek? It doesn't look like it, but in the typical section, it shows that the outside lanes are wider to accommodate pedestrian traffic across the bridge. We need clarification on how that will happen due to speed and amount of traffic along there. They also asked whether there were plans to button a portion of the outside lanes. 3. Will the existing bike lane on the east side of Hwy. 43 stay intact? It is used frequently and they want to see it kept in place. 4. It appears access to George Rogers Park would be accomplished by using a series of crosswalks. They feel this is inconvenient. ' :3 Page 2 5. Debbie Craig commented that, after reviewing the scope of the project, there appears to be a need for extensive excavating on the vertical slope to the west of the park to accommodate the pathway. She seems to recall when prior work was done along that slope, it resulted in a landslide and related damages to the pathway south of George Rogers Park. Her concern is that this be looked at thoroughly from an engineering/geotech perspective and make sure that anything happening up on the highway or to the west of the highway will not further cause problems in the George Rogers Park area. Mit r-h MIKE`,DtEMUS\ItUN'It 1)()t, 1 Alan Fox, Ph.D. -Al( ?� ,.,� ;,c-, 975 SW Lund Street fit` Lake Oswego, Oregon 97034 NOV 41 1994 (503) 636-7821 ATTACHMENT C October 31, 1994 Mayor Alice Schlenker City Hall 380 A Avenue, P.O. Box 369 Lake Oswego, OR 97034 Dear Mayor Schlenker, I note in the Lake Oswego Review on October 20th, that another bike path is being planned for Highway 43 in our neighborhood. As a frequent user of the existing path on the north side of this stretch of Highway 43, I am totally baffled as to why we need another. My wife and I walk on this path several times a week. We seldom see anyone else on it. Why another path?Certainly we can find better uses for half a million dollars in Lake Oswego and the State of Oregon than constructing a path on the other side of the highway where the existing path is only lightly used. For example,the money might be better spent on some means of making it safer to cross Highway 43 in the area of the existing path. This might make using the existing path more attractive to people in the neighborhood that are not up to sprinting across Highway 43. Sincerely, 0244 )-164 Alan Fox ATTACHMENT D RECEI " ()non DATE: November 3, 1994 NOV t i99%' CITY OF LAKi INTEROFFICE TO: Chloe Ousterhoud, Citizens Represmielative MEMO Government Relations `' id ( FROM: Michael Ronkin Bicycle/Pedestrian Program Manager SUBJECT: Letter to Governor from Alan Fox Opposes bike project on Highway 43 in Lake Oswego Telephone Response On November 3, I contacted Mr. Fox by telephone. I thanked him for his concern and explained the nature of the project. I explained that bicyclists should be riding on the road with traffic, not on a sidewalk shared with pedestrians, and that the improvements would also benefit motorists, as sight distance around a dangerous curve would be improved. Mr. Fox was concerned about pedestrians crossing the roadway and motorist turn movements. I said that the City of Lake Oswego would be holding a public meeting on the project, and I encouraged Mr. Fox to bring his concerns to us through these channels. I said that we will try to address all safety issues related to this sections of roadway. This might increase the total cost - I expressed my hope that we could then count on his support; his reaction to this was positive. The tone of the conversation was professional and courteous; he seemed impressed at the rapid response and the personal call . cc: Larry Olson Ron Bunch, City of Lake Oswego i . AL'Rl I`+-91) 4f f 'l 6�`E 0.0,4 DEPARTMENT OF PLANNING AND DEVELOPMENT October 10, 1994 ATTACHMENT E Lam Han, Designer Carl Mickelson, Assistant Project Manager ODOT -- Highway Division 5821 NE Glisan Street Portland, OR 97213 Dear Lam and Carl: Re: Highway 43 Bikeway -- McVey Avenue to Uuntham Road Thank you for the opportunity to meet and discuss this project. The City of Lake of Oswego wishes be an active and informed participant. At this time, we wish to go on record with the following comments: Permits and City Review of Construction Plans: Because this project is taking place entirely within the state highway right-of-way no land use permits are required. However,permits may be required for erosion control and to conform to National Pollutant Discharge Elimination System(NPDES) requirements. Tree removal permits will also be required and a vegetation removal mitigation plan may be necessary. You should contact Mark Schoening, Assistant Public Works Director in regard to water quality issues and Teri Marshall, Code Enforcement Specialist concerning trees. We wish to have the opportunity to review final construction plans as soon as they are available to identify any other issues which may raise concerns such as potential impacts on the Willamette River Greenway. Joe Collins, Pathway Coordinator has reviewed the preliminary plans and,at this time, would like to bring the following design/technical issues and questions to your attention: a) What separation will there be between the proposed six foot hike Lane and the twelve foot travel lane? It is recommended that the lanes be demarcated by an eight inch painted line and four inch reflectors. b) Overhanging tree limbs pose a problem because lighting is blocked from effectively illuminating the roadway surface. Will more etleutive lighting be provided'' c) In the curve from sta. 241+84 to sta. 238+31 southbound autos may drive very close to the edge of the hike lane and may even cut the corner into the lane. Perhaps a row of four inch buttons spaced two inches on-center would improve this situation. d) It is recommended that signage he placer) to Warn motorists of the presence of bikes and pedestrians. 380"A" Avenue • Post Office Box 369 • Lake Oswego,Oregon 97034 Planning Division:(503)635.0290 • Building Division:(503)635-0390 • FAX(503)635-0269 afw3 Page 2 October 10, 1994 Lam Han Carl Mickelson e) What sight distance criteria is being used? Appearance Impacts: Because this project will result in embankment and rock-slope cuts, we are concerned with impacts on the appearance of this important entryway into Lake Oswego. Particularly, we wish to ensure that: a) Excavation and removal of roadside vegetation is the minimum necessary and; b) The vegetated slopes and natural rock wall are not replaced by extensive shotcreting and/or concrete retaining structures. We realize that some concrete retaining systems will be necessary, and wish to participate in the design of these elements. Public Information and Involvement: It is important that Lake Oswego's citizens are informed and have an opportunity to comment on the project. We would like ODOT staff to present the project at a general public meeting and perhaps also to the City Council. Also, other boards and commissions such as the Natural Resources Advisory Board (NRAB) may wish to comment on the proposal. City staff will assist you in scheduling these meetings. Project Scheduling and Phasing: I understand from our meeting that the project is scheduled to begin sometime in May, 1995 and be completed about October, 1995 and that it may be necessary reduce Highway 43 to one way traffic for certain periods of time. This concerns us, because the highway is already congested at peak periods. Further, traffic associated with several special events in Lake Oswego during this period could make this situation much worse. We wish to work with ODOT to resolve these mattets prior to the project going to bid. { - Protection of Utilities: There are extensive utilities in this area both above and below ground. ODOT 1 needs to work with the City and other service providers to ensure protection of utilities and uninterrupted service. Thank.you for the opportunity to participate. If you have any questions or if I can he of further service, please do not hesitate to call me at 635-0291. Sincerely, on Bunch, AICP Senior Planner pc: Doug Schmitz, City Manager Tom Coffee, Assistant City Manager Jerry Baker, Public Works Director Mark Schoening, Assistant Public Works I)irector Teri Marshall, Code Enforcement Specialist Joe Collins, Pathway Coordinator file n i. w_n i4,. MCVEY AVENUE -- BURNHAM ROAD LAKE OSWEGO CITY COUNCIL MEETING DECEMBER 20, 1994 INTRODUCTIONS Overview Of Project • Purpose: -- Bicycle safety -- Close tho missing link • History • Current status: -- Schedule -- Funding NOVEMBER 17TH PUBLIC MEETING Discuss the plan we presented • What we heard: -- "Don't cut the cliff' -- "Put sidewalk on both sides" -- "Put bicyclist on one side on a two-way bikeway" -- "Make River Road the bike route. Can the City use state funds to do this?" -- "Traffic problem southbound between McVey and Oak" -- "Traffic problem at Cherry Drive" -- "Dangerous crossing for school children at Laurel Street" CURRENT STATUS • We've looked at the Rj' er Road Option q1 c)tOT l • River Road Pros: -- Scenic -- Light traffic • River Road Cons: -- Isolated. Security risk. -- Public opposition is likely. -- Out-of-direction for through cyclists. -- No access to facilities on the highway. -- Southbound cyclist would have to cross the highway twice. -- 8 foot width is minimal for a two-way facility. -- Steep hill at George Rogers Park. -- Safety concern on the road section. Poor sight distance. Not a normal setting for heavy bicycle traffic. • The River Road route would require several improvements. -- Illumination. -- Regular cleaning. -- Improved alignment at the 90° bend coming into the bridge across Oswego Creek. -- 500 feet of wooden railing. -- Correct the shoulder drop-off on parts of the bikeway caused by ravelling. -- The narrow section of River Road needs an overlay. -- Minor improvement at the south end connection to the highway. KEY CONSIDERATIONS • Cost. • Project schedule. • Hazards and cost of cutting into the cliff. -2- • • River Road Option would be poor for southbound commuters, but it is, and will remain, an option for anyone who wants to use it. RECOMMENDATION • Go with a minimum, low-impact project. • Avoid cutting the cliff: — Move the barrier towards the cliff as close as practical without causing geological or maintenance problems. • Cut into the side of the curve at the top of the hill to improve visibility and safety for bicyclists (motorists hug the inside of the curve) and motorists. • Look at illumination needs. • No sidewalk on the west side. • Add sidewalk on the east side from the existing sidewalk south to the Lake Oswego Terrace Apartments. -3- w T z GG`Cep F1'!. ' .:�, • 2_6�Y I � (`LNF• ....E?' '',Y)1 S".-E,_ gCOURTNEv'/1" r — �= 90 ! = I lU + ���aaw►► • 1 I y 1l '�{ ;tn�I R�9. RD �' '� ri.r.! FILIS 7 ~ ' '�• ‘S I w.. 7:41pN—A nwYy►�D w. -1 �Q /If•� RO tc��, sE / litS:Fi `„e ME > i CHESTNUT c BERWICK iv (n �/f E. IMH ,tpQr04 �5E Cr ,4f P1 . p EyE11111 �� �'�� F Ro v oNa EIIIS AV REN FS C1 1 ate' wi,... sE sc.00•01t. Q ¢ i WA S ,� R f °W CK CTE CEM NT • sE LL M LE•E ; ST E PARK m Q SE M S RD • OR OQ OA' r.�I� PCA- q0 /I EN CTAK, /� O St v s.„ p S1 E SE REL vrEE It; Q O S SE SE PO' q°�\ ®! LAKE-100D cc NI6 y�O OCd 1011,4.c' OAK 'G R O 1,..„......-., 's� I �_ i NOR :•0 riu CT y '47. ggEE cc- - ~ St-J- - ' STo(l�jr Q. °O( �RO� CHUB H (i \iRT8R PT • t "'• OREST N$CO 1 H CI"VI I L4 SUNNY• 1 H J '°o WAY A. 'D litrRfORRST• a % `^ IAllf SE C 1 Eno 1 ' Q1 N 0 p$S BORERS .0 J 5E Egsr ANSPACH IT.-1 " to I v'42 �f v �• .;.. , ( �p! P „t i'nnI IAV •FRO /. \ y�.a • • t^r 00 �t� CREIGH70N NNoa8E5N0=qt-F •• _/ .Wf •,\`., . k. , N m u) _A ' 0 _ `, r�0 • . !‹. QCT /`�9 q Z p M1NI�tE C�b� 9 p� a 1 �•��� ,P ® \'tiEj, ,OgFL ORD gSS9 E'���oY y ,lcr y '��!,►rti® ®6 to o \ \ i'.- .•_E ,F. 99 . �• zSN S ' 4 a > co 2 co :' Vt4 H/yF eCT CV y0 \ `P ,//SLENV , ,--fz I- O W•1KE.I-Li.at. . Q.. \ 9j�,Se. k. G.. !; -p Co PK _ .. e•9 I, l 4 / u H s i -....... 4.11 �1 .iTrA -- <A 4 .. ,c 1• ,+.J'"... l 20 MORN t. Y — P , S Tg Z r'A l O K Fib �L14-1 �� pl 7 O� •s� 4".,:c7,-- ib p.?.. n • _.54 i 1 0 F m - IN 7 •. 4Es/ S 1 PI'tN ntv.Z� y'�CIIFAAv a `p —:E~ P :§, r.' INT' O9L f rpt E �+ / ClIfW1 I I t \\\�[' O �rE" Sit ACUS 1 S�p1P 4�C.:'('‘ ` �9 `lC1• 0. ‘0,,,,,1 r rA.MOU N.ON / _ 71�e '\ �1 HRY ,r,' \ 4� v� 14 1 stUpaD t l / \ G L 1 • \ �` 4LIH✓t I/t/NS I \ L ' N tr- I hn I r, �W'Nt r .n • i4'9..� iT ?5�" \ II'1 q:AlION _ i\ ?. 't!2 44' vit. (I O•p C` rrolt r my , 1- tii. Ti"NUS q '12-1- ‘Y/ It _,_� i .'' t t l vii �JJ(010 I.N iso ,( 0O ..., c a'. � �•��w, t '� I ) -4 w EP`' S'T�.sty I t tiA r :' E o o‘‘14'o � 1 `\ C) 14 — SFE w� m Oli ;Q 't• A. Z L %EN t,E. E sfPV ';U ./ i'� SSW �� • fi `p. p" .\ t et) C4 I KYL.iOO �� 9• ���P11 `� �,Ay'Pi`� • `,S\pQ' !4, f I '.p l 0.` ! O'<61 •, �OE'�N q E I _ i A O li. 1 4 A \P 1. I C`i f,,Q ( 'I • •.!r.ve . 4..r • t , • 6 ? j St. E,.AVEN DR S'ti O F� .d" ..1 • +',t; `• •�2•+,'�,. \ 1' •:-...... ,A.'C �~ I TR 0 i u 3 ' PO it, Oyu( v'� 90 3 oti, AWN 09 Tv, a.. 4 I y/ (10��F OC '1' _ -- - _.. '.A� r'•S t �4q ` bRZ S` p9 0909 FA�W°9iZl'eo I.` Ele 00 13 14C1-O i 4SYLVAN VY M0' .0.. Or Hk0 ' N4 . At GE NA, Cr. Cr AdV �( O ccw OsNt CT. 411 �jt p Of•\.w pPHtLLCR $T ILDORi �Gtiy ST ,....p, HS viALLEY VII, DR WOOD• 0/4,-,09NC CC DAROAK y'' y vEN ..CT Q4�� PT R O , F KENTHORPE MIcrEFNIa 5• t � O r A. I ¢� m ' O VIEW SW SUNSHINE LN _ ti CT 22. STA,rioNI ?w yj CA RIAf, xvr�` T TOREE~CT 14 c, . 04 •„ I t7 �. of tir �•�', AUTUMNS... $ _ { �= W � E LEXIN�+I �tnl Pr tvl OSI►' ,N Sl 1 �` .. � c. moi. T�RrI I �n c`0 . = C' Al.,. 'f.r h T 3.4 a c1c,T .� ono . DATE: December 20, 1994 11 TO: City Councilors City of Lake Oswego DEPARTMENT OF TRA NSI'ORTATION FROM: Michael Ronkin Bicycle/Pedestrian Program Manager SUBJECT: Reasons for Highway Shoulders Hi t , ,1,1 Before there was ever a "Bike Bill" and the terms "shoulder/bikeways" or "bike lanes,"this state was an advocate of building paved shoulders when reconstructing roads. There was also an aggressive program in the 60's and early 70's to add paved shoulders to existing roads. These shoulders were often rcrfc?rred to as "safety shoulders." There is good reason for this term. The following list gives some of the reasons why standard width shoulders are advantageous. These reasons and others are why AASHTO says what it does about shoulders. Paved shoulders have benefits in three important areas of highway operations: safety, capacity and maintenance. (1) Safety - highways with standard shoulders have reduced accident rates; they are simply safer, as paved shoulders: • Provide space to make evasive maneuvers, accommodate driver error, and a recovery area to regain control of a vehicle; • Provide space for disabled vehicles; • Provide increased sight distance for through motorists, in cut sections or brushy areas in rural areas, and in urban areas where there are many sight obstructions; • Provide increased sight distance for motorists entering the roadway, in cut sections or brushy areas in rural areas, or in urban areas where there are many sight obstructions; • Allow for more efficient exiting Worn travel lanes to side streets and road approaches (which is also a capacity benefit); • Provide lateral clearance for roadside objects such as guardrail, signs and poles; :11.1,?211 vtl lid i I,nrthit'(ii, IIIIII Itn}; ()1l 113111 / 44 (t )00.-1 u . • Contribute to driving ease and freedom from driver strain; • Reduce conflicts between motor vehicles and bicyclists; • Reduce conflicts between motor vehicles and pedestrians; • Make the crossing pedestrian more visible to motorists; and • Provide for storm water discharge farther from the travel lanes: ii) curbed urban sections, shoulders carry storm runoff to ti catch basins, not the travel lanes. This is not only safer but it reduces splash and spray to following vehicles and nearby pedestrians and bicyclists. (2) Capacity - highways with standard shoulders can carry more traffic (increased motor vehicle capacity), as paved shoulders: • Provide more intersection and safe stepping sight distance for accessing motorists, thereby improving efficiency of the roadway; • Provide more effective turning radius for trucks; • Allow more overall roadway space for off-tracking of truck's rear wheels in curved sections; • Provide space for mail delivery and bus turnouts; • Provide space for bicyclists so they don't impede motor vehicles; and • Allow more space between motor vehicles and pedestrians (which increases the pedestrian's level of comfort). (3) Maintenance - highways with standard shoulders are easier to maintain, as paved shoulders: • Provide space for maintenance operations and snow storage; • Provide space for portable maintenance signs; • Lower maintenance costs by giving structural support to the pavement; and • Facilitate painting of fog lines. 071Mlor A 366.514 Use of highway fund for footpaths with ORS 280.100, to be held for not more than and bicycle trails. (1) Out of the funds 10 years, and to be expended for the purposes received by the department or by any county or required or permitted by this section. city from the State Highway Fund reasonable amounts shall be expended as necessary to (c) For purposes of computing amounts provide footpaths and bicycle trails, including expended during a fiscal year under this curb cuts or ramps as part of the project. subsection, the department, a city or county Footpaths and bicycle trails, including curb cuts may record the money as expended: or ramps as part of the project, shall be provided wherever a highway, road or street is (A) On the date actual construction or the being constructed, reconstructed or relocated. facility is commenced if the facility is Funds received from the State Highway Fund constructed by the city, county or department may also be expended to maintain footpaths and itself; or trails and to provide footpaths and trails along other highways, roads and streets and in parks (B) On the date a contract for the construction and recreation areas. of the facilities is entered with a private contractor or with any other governmental (2) Footpaths and trails are not required to be body. established under subsection (1) of this section: (4) For the purposes of this chapter, the (a) Where the establishment of such paths and establishment of paths, trails and curb cuts or trails would be contrary to public safety; ramps and the expenditure of funds as authorized by this section are for highway, road (b) If the cost of establishing such paths and and street purposes. The department shall, when trails would be excessively disproportionate to requested, provide technical assistance and the need or probable use: or advice to cities and counties in carrying out the purpose of this section. T he division shall (c) Where sparsity of population, other recommend construction standards for footpaths available ways or other factors indicate an and bicycle trails. Curb cuts or ramps shall absence of any need for such paths and trails. comply with the requirements of ORS 447.310. The division shall, in the manner prescribed for (3) The amount expended by the department or marking highways under ORS 810.200, provide by a city or county as required or permitted by a uniform system of signing footpaths and this section shall never in any one fiscal year be bicycle trails which shall apply to paths and less than one percent of the total amount of the trails under the jurisdiction of the department funds received from the highway fund. and cities and counties. The department and However: cities and counties may restrict the use of footpaths and bicycle trails under their (a) This subsection does not apply to a city in respective jurisdictions to pedestrians and any year in which the one percent equals $250 nonmotorized vehicles. or less, or to a county in any year in which the one percent equals $1500 or less. (5) As used in this section, "bicycle trail" means a publicly owned and maintained lane or (h) A city or county in lieu of expending the way designated and signed for use as a bicycle funds each year may credit the funds to a route. [1971 c.376 §2: 1979 c.825 §1: 1983 financial reserve or special fund in accordance c.19 §1: 1983 c.338 §919] b.9-- 00 .00 t `� Where constraints do not allow for full-width walkways and bikeways, solutions should be sought to accommodate both modes (these include narrowing travel lanes or eliminating on-street parking). In most urban situations, preference may be given to accommodating pedestrians. In no case should a sidewalk be signed for bicycle use - the choice should be left to the users. Extruded Curbs - These low curbs, when used to separate motor vehicles from cyclists, create an undesirable condition. Bicyclists or motorists may hit the curb and lose control, with the motor vehicle crossing onto the bikeway or more often the cyclist falling onto the roadway. Extruded curbs also make bikeways difficult to maintain and tend to collect debris. Two-Way Bike Lane on one side of road - While this may seem a practical alternative to the expense of two bike lanes, it creates a condition that is very dangerous fir bicyclists. The bicyclist closest to the motor vehicle lane has opposing motor traffic on one side and opposing bicycle traffic on the other. It also promotes illegal wrong-way riding and creates awkward and dangerous movements in transitions back to standard bikeways. 1 ire JIM PI 111111111111111112 111•1111110 110111110 MINI111111111IN k _ Y• MANYIWAr MMHIMIMI 1 iFAT t Figure 14: Problems with two-way bike lane on one side of the road • Car A, making a right turn, is only looking for traffic on the left. • Car B, making a left turn, is only looking for traffic ahead. In both cases, the bicyclist is not in the driver's main field of vision. Oregon Bicycle and Pedestrian Plan, PUBLIC REVIEW DRArI, December 1994 - Second Section Page 33 _2D - 9,/ C► 1 n'T5 Fr-cam : Tt1OMNS PHONE No. : 503 638 6689 Lec.22 1994 11:13RM r02 Patrick.Thomas 2115 R.W. Ridge Pointe Drive [,ake Oswego,OR 97034-7576 503.638.6 Fax: 503.636.6689 22 December 1994 Mayor Schlenker and City Council numbers City of Lake Oswego 3110 A Avenue Luke,Oswego, OR 97034 Deur Mayor Schlenker and Members of City Council: 1 attended the Tuesday, 201)ecrinber1994, 5:30pm,City Council Study Session and listened closely to the ODOT proposal to construct a southbound bicycle lane on Highway 43, from toughly McVey Avenue to Burnham Street. t understand that before the City of Lake Oswego agrees to proceed with any part of this project,that City staff will first continue discussions with 01)01 regarding t►affic impacts,geologic and construction constraints,minimum state highway standards,safety,etc. I would like to submit for your consideration two areas of concern that 1 have about this proposed project as well as some suggestions: 1. Minimum Highway Standards Between McVey Avenue and Burnham Street,ODOT proposes creating a 6 foot wide southbound bicycle pathway by Iirst widening of the southbound shoulder area of Highway 43 next to the cliff and then by realigning the current lanes of the roadway. I have concerns regarding 01)01'safety standards with regard to these proposals: a. 1 very clearly heard two of the ODOT representatives say that this proposed realignment would create a southbound lane of only 1 l feet and some inches. Oregon Highway Standards require that a state highway have lanes that are at least 12 feet wide. Anything less than minimum standards should not he allowed. b. This particular section of Highway 43 is partially constructed, much like u bridge,on supporting columns and beams below and next to the cliff. ODOT representatives, in their presentation,discussed the questionable, possibly even substandard condition of this underlying struclune of this particular section of Highway 43. 1 am concerned,even alarmed,and would urge the City to request a Fr orn : THOMAS PHONE No. : 513 638 6689 Dec.22 1994 11:15HM PO4 , loiter from Pitt Thom Suggestions: I-would propose that the Luke Oswego portion of the proposed Bicycle Pathway he created along ei.lwr of ttrc following two alignments: 1. Develop the River Road route from George Rogers Park down into West Linn. This route has the advantages of being very scenic and it col ' ' possibly he expanded north through Roehr Palk and even linked someday into a larger and undoubtedly popular Willamette River Scenic Bicycle Route that would extend from Portland southward along the river. 2. Simply detour the proposed bicycle pathway west on Oak, south on Yates or I{allinan and then east to Highway 43 via Laurel. This would take everyone away from the danger of the cliffside route below and could also result in a beneficial improvements to these streets for automobile traffic. As a final suggestion, I would ask that, should the City Council decide to approve ODOT's proposal for a Bicycle Pathway in the southbound shoulder of Highway 43, in spite of the danger presented by the cliff, that the City should at least demand a sturdy barrier be constructed between the southbound automobile lane and the Bicycle Pathway. Too often motorists stray over painted while lines and reflective bumps; they forget that the white line means "do not cross over"or they disregard it entirely. And sometimes even the best cyclist loses control of his/her bicycle for some reason. Concrete jersey barriers or a 48" high chainlink fence with plenty of reflectors attached would help keep the cars on the road and the bicyclists, pedestrians and animals on the Pathway which would leave everyone concerned much happier and healthier! As always, I appreciate the opportunity to observe City Council sessions and to comment as a citizen of Lake Oswego. ltctfully, s _ r Pati Thomas - cc: Doug Schmitz,City Manager Tont Coffee, Asst. City Manager Ron Bunch, Senior Planner Lake Oswego Review LONAC 3 G�Ev�em III - A - 1 II 1 DEC 1984 0 D 12/20/94 JIi S i1 io • November 27 , 1994 Mayor Alice Schlenker City of Lake Oswego Post Office Box 369 Lake Oswego , Oregon 97034 Dear Mayor •Schlenker : Due to a change in my job responsibilities with U. S.West Communications Inc . , there is a requirement that the majority of my time be spent in Arizona . I had hoped to be able to schedule my time so as to attend the regular meetings of the Neighborhood Traffic Advisory Board . I am finding that this desire is just not feasible. Regretfully , I must resign my position with the NTAB, effective immediately . Thank you for the opportunity to be involved in my city government . Sincerely , )1/1CLUALQA,--1,--" L Maureen L. Neher 31 4 CONDOLEA DRIVE • LAKE OSWEGO, OR 97035-1004 • (503)636-9460 wi■111WM CORRECTION THIS DOCUMENT HAS BEEN REPHOTOGRAP! QED Tog ASSURE LEGOBILOTY 7 I z From : THCX1145 Fy10N[ No. : 503 638 6689 Dec.22 1994 11:13+41 P02 Patricia Thomas 2115 R.W.Ridge Pointe Drive Lake Oswego,OR 97034-7576 503.638,66108 Fax: 503.638.66R9 22 December 1994 Mayor Schlenker and City Council members City of Lake Oswego 3R0 A Avenue I Ake Obwrgo.OR 97034 Deur Mayor Schlenker and Members of City Council: 1 attended the Tuesday. 20 December 1994, 5:30pm.City Council Study Session and listened closely to the ODOT proposal to construct a southbound bicycle lane on Highway 43,from roughly McVcy Avenue to Burnham Street. i understand that before the City of Lake Oswego agrees to proceed with any part of this project,that City staff will first continue discussions with ODOT regarding truffle impacts,geologic and construction constraints,minimum state highway standards,safety,etc. I would like to submit for your consideration two areas of concern that I have about this proposed project as well as some suggestions: 1. Minimum Highway Standards Between McVey Avenue and Burnham Street,ODOT proposes creating a h foot wide southbound bicycle pathway by first widening of the southbound shoulder area of Highway 43 next to the cliff and then by realigning the current limes of the roadway. I have concerns regarding ODOT safety standards with regard to these proposals: a. I very clearly heard two of the ODOT representatives say that this proposed realignment would create a southbound lane of only 11 feet and some inches. Oregon Highway Standards require that a state highway have lanes that arc at least 12 feet wide. Anything less than minimum standards should not he allowed. b. This particular section of Highway 43 is partially constructed,much like a bridge,on supporting columns and beams below and next to the cliff. ODOT representatives, in their presentation,discussed the questionable, possibly even suhstandard.condition of this underlying structure(if this particular section of Highway 43. l am concerned,even alarmed,and would urge the City to request a a From : 1HOt'1NS PHONE No. : 503 638 6689 Dec.22 1994 11:14t4'1 P03 totter frau r'art'Mims full examination of, and repair or even reconstruction of this portion of Highway 43! Thousands of people drive over this road daily; they should he able to drive over roadways that are strong and that meet all the minimum aufet>, stnndnrda, 2. Issues of Safety Between McVey Avenue and Burnham Street, Highway 43 crosses over Oswego Creek and curves and climbs along the side of a steep cliff. This cliff area consists of highly fractured, faulted and unstable Doling Lava6; rocks, even boulders, continually break free and fall from time to time. in the event of an intense wet spell or,worse, an intense cold wet spell, the rock and boulder fallout would tend to increase. In the event of an earthquake,entire sections of the cliff could break free,possibly closing parts of the road, even taking out entire sections of the highway. The risk of any falling rocks creates an unsafe situation for the automobile traffic passing by every day,and could be lethal to any unprotected pedestrians, animals or cyclists passing through. Because of this dangerous situation, ODOT has installed chainlink nets over the cliff face and has set massive concrete jersey harriers next to the cliff in an effort to restrain the rock fallout. They propose to clear out the area at the foot of the cliff and to remove the jersey harriers in order to free up 6 feet of space for the pathway. They propose constructing new concrete retaining walls directly against the cliff as well. As the road rises southward along the cliffs and as the steepness of the cliff lessens,they propose actual removal of part of the cliff and to resculpt the hillside slope to a lesser degree. This will widen the actual curve area of the road and will give a better line of sight for those traveling around the curve. ODOT has then proposed realigning and reconfiguring the current two highway lanes, as mentioned before,thus creating space for the southbound bicycle pathway along the inside edge of the highway next the the cliffs. I would first urge you oppose this bike pathway project and to prohibit all pedestrian or cyclist traffic from proceeding directly next to the cliff area along this stretch of highway. It is an unsafe area and I believe it will remain so despite the new, higher concrete retaining walls that are proposed. Even with the chainlink netting restraints, rocks and boulders above the retaining wall could continue to break free, possibly injuring anyone on the pathway below. Next 1 would urge you to request that ODOT proceed with the portion of its proposed project whereby they would resculpt the hillside at the southmost curve of the identified portion of Highway 43. This will allow a far better line of sight for,and would benefit, the thousands of Oregonians who travel by automc,bilc through this curve daily. 17inatty, i would urge you to request that ODOT proceed with the portion of its proposed project whereby they would provide better illumination for both this section of Highway 43 and for whatever other route the Bicycle Pathway takes. 2 F r urn : T t'Hur€ r . . 503 638 6689 Dec.22 1994 1 1: 1541 41 PO4 beer Irons Pur Then o Suggestions: I would propose that the Luke Oswego portion of the proposed Bicycle Pathway be created along either of the following two alignments: 1. Develop the River Road route from George Rogers Park down into \Vest Linn. This route has the advantages of being very scenic and it could possibly he expanded north through Roehr Park and even linked .a'meduy into a larger and undoubtedly popular Willamette River Scenic Bicycle Route that would extend from Portland southward along the river. 2. Simply detour the proposed bicycle pathway west on Oak, south on Yates or Hallinan and then east to Highway 43 via Laurel. This would take everyone away from the danger of the cliffside route below and could also result in a beneficial improvements to these streets for automobile traffic. As a final suggestion, 1 would ask that,.should the City Council decide to approve ODOT's proposal for a Bicycle Pathway in the southbound shoulder of Highway 43, in spite of the danger presented by the cliff, that the City should at least demand a sturdy harrier be constructed between the southbound automobile lane and the Bicycle Pathway. Too often motorists stray over painted while lines and reflective humps: they forget that the white line means "do not cross over"or they disregard it entirely. And sometimes even the best cyclist loses control of his/her bicycle for some reason. Concrete jersey barriers or a 4W' high chainlink fence with plenty of reflectors attached would help keep the cars on the road and the bicyclists,pedestrians and animals on the Pathway which would leave everyone concerned much happier and healthier! As always, I appreciate the opportunity to observe City Council sessions and to comment as a citizen of Lake Oswego. Respectfully, Pall Thomas cc: Doug Schmitz, City Manager Tom Coffee, Asst. City Manager Ron Bunch, Senior Planner Lake Oswego Review LONAC 3 @FggwzgiHI - A - 1 DEAA C 0 1 1994 Pi 12/20/94 iiiii 10% • November 27 , 1994 Mayor Alice Schlenker City of Lake Oswego Post Office Box 369 Lake Oswego , Oregon 97034 Dear Mayor •Schlenker : Due to a change in my job responsibilities with U. S .West Communications Inc . , there is a requirement that the majority of my time be spent in Arizona . I had hoped to be able to schedule my time so as to attend the regular meetings of the Neighborhood Traffic Advisory Board . I am finding that this desire is just not feasible . Regretfully , I must resign my position with the NTAB, effective immediately . Thank you for the opportunity to be involved in my city government . Sincerely , )/Lettotwv-1--- Maureen L. Neher 31 4 CONDOLFA DRIVE • LAKE OSWEGO, OR 97035-1004 • (503)636-9460 Aomminomminimismimemimmiiimm • tXAN 380 A'AVENUE December 30, 1994 POST OFFICE BOX 369 LAKE OSWEGO, OREGON 97034 (5031635-0213 Maureen L. Neher fAX(503)697-6594 4 Condolea Drive Lake Oswego OR 97035 ALICE L.SCHLENKER, MAYOR Dear Mrs. Neher: CHARLES C (MIKE)ANDERSON, At the Council meeting of December 20, 1994, the City Council of COUNCILOR the City of Lake Oswego accepted with regret your resignation BILL ATHERTON, from the Neighborhood Traffic Advisory Board. COUNCILOR Enclosed is our Exit Interview form which was designed to "EAT"LR C"R'SMAN, advance the future effectiveness of the Board. Please complete the L)uNCILOR form and return it to this office. ILIU KLAMMER, COUNCILOR On behalf of the City Council, thank you for serving the community. The contributions made by people such as you are CRAIG;PROSSER, invaluable; and I hope that you will consider providing your COUNCILOR expertise to the City again in the future. MARY PUSKAS, COUNCILOR Sincerely, Alice L. Schlenker Mayor ALS/sms Enclosure III - A - 2 Voimm"21 12/20/94 is NOV 0 9 1994 / , maim lane 2778 alenmonle drive loke osweno,oreoon 97034 (503)635-6416 November 6, 1994 Alice Schlenker, Mayor 380 "A" Avenue Lake Oswego, OR 97034 Dear Alice: Please accept my resignation from the Commission for Citizen Involve- ment (CCI). As I examine my commitment to the Oregon Department of Education and the time invovled in being an active member of CCI, I rec- ognize that I cannot give to both the amount of time and commitment each require. I hope that you will easily fill this position and that CCI will be able to continue in full force with its important work. I look forward to serving the community of Lake Oswego again at some date in the future. Thank you for giving me the opportunity to be a mem- ber of CCI. Sincerely yours, - arily ane cc: Barbara Smolak, Associate Planner, Lake Oswego Michael Larsen, Chair, CCI 3 3 6E qtritt OREGON Seo"A"AVENUE December 30, 1994 POST OFFICE BOX 369 LAKE OSWEGO, OREGON 97034 (5031635-0213 Marilyn A. Lane FAX(503)697-6594 2778 Glenmorrie Drive Lake Oswego OR 97034 ALICE L.SCHLENKER, MAYOR Dear Marilyn, ka CHARLES`_'NIKE'ANDERSON, At the Council meeting of December 20, 1994, the City Council of ""'"`""R the City of Lake Oswego accepted with regret your resignation BILL Al MERTON, from the Commission for Citizen Involvement. COUNCILOR Enclosed is our Exit Interview form which was designed to HEATHER CHRISMAN, advance the future effectiveness of the Commission. Please `()um,'oR complete the form and return it to this office. BILL KtAMMER, COUNCILOR On behalf of the City Council, thank you for serving the community. The contributions made by people such as you are CRAIG PROSSER, invaluable; and I hope that you will consider providing your COUNCILOR expertise to the City again in the future. MARY PUSKAS, (01 )N(ILOR Sincerely, Alice L. Schlenker Mayor ALS/sms Enclosure III - B - 1 CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20,1994 SUBJECT: City of Tigard Water Agreement with Lake Oswego- Extension beyond December 31, 1994. ISSUE: Shall Lake Oswego extend the surplus water sales agreement with the City of Tigard pending the conclusion of the negotiations? OPTIONS: 1 Authorize extension to March 30, 1995 2. Do not authorize extension RECOMMENDATION: Option#1 DEPARTMENT OF ORIGIN: City Manager FISCAL IMPACT: Minimal NOTICED (Date): N/A EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ X CONSIDERATION No BUDGETED? YES NO X ACCOUNT Would the adoption or implementation fulfill an identified City Council goal, past or present:? N/A Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? No 1. Doug Schmitz memo dated December 14, 1994 k:\kris ti\forms\ch-mi sc 35 MEMORANDUM To: Alice Schlenker,Mayor Members of the City Council From: Douglas J. Schmitz,City Manager`dt Date: 14 December 1994 Subject: City of Tigard: Water Services Agreement Extension The City of Tigard commenced its City water operations with contracts to Durham, King City and the remnant of the Tigard Water District on 1 January 1994. The City of Lake Oswego had a 1983 agreement with the Tigard Water District in regard to the sale of surplus water. Negotiations had been ongoing for several years with the Tigard Water District and the City regarding an updated agreement. Lake Oswego had authorized entering into an agreement with TWD which the TWD Board of Directors subsequently declined to execute due to the take over by the City of Tigard in 1993. In December 1993, the City of Tigard requested that Lake Oswego continue to sell surplus water to it under the terms and conditions identified in the 1983 contract between TWD and Lake Oswego. This continuing authorization to sell was approved for one year. Last January, the City of Tigard retained the services of Murray Smith & Associates to update its water systems long-range supply options. Subsequently, - the City of Lake Oswego retained the services of CH2M Hill to undertake a likewise analysis of its system. Both studies were completed in August and presentations were made to the respective city councils in September. Based upon the authorizations and policy directions from the two councils, negotiations between the two cities for a partnership began in October. To date, four negotiation sessions have been held and the contract is approaching 20 pages in length. The staff negotiators have agreed on the language for the contract except in those areas where contrary policy direction has been provided by the respective councils. Both Bill Monahan,City Administrator of Tigard, and myself, are proposing that the councils meet early in 1995 to discuss the points of difference which remain in order to finalize the contract. 3 7 City of Tigard: Water Services Agreement Extension 12/14/94 Page 2 In the meantime,an extension to the agreement with the City of Tigard for surplus water is needed. I am recommending that the Council authorize that extension through 30 March and that the Council agree to meet with the City of Tigard Council in early 1995 to finalize the points of difference which remain and to approve the balance of the contract which has been negotiated between the staff representatives. RECOMMENDATION: It is recommended that the City Council approve a motion which: 1. Authorizes the City Manager to extend to the City of Tigard a surplus water contract extension through 30 March 1995. 2. The Council agree to a joint meeting with the City of Tigard Council to iron out the few points of policy difference which exist and to (hopefully) ratify the contract between the agencies. DJS/kal j III - B - 2 CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: Award of Bid - Waluga Park Phase II ISSUE: Shall the City Council authorize renovation of ballfields at Waluga Park to Brandt Construction for $284,950. OPTIONS: 1. Award to Brandt Construction for $284,950. 2. Reject ail bids. RECOMMENDATION: Adopt Option#1 DEPARTMENT OF ORIGIN: Parks& Recreation FISCAL IMPAC: $284,950 NOTICED December 20, 1994: PREVIOUS COUNCIL CONSIDERATION EXPENDITURE: REVENUE: $0 [Date(s)[: BUDGETED? Yes ACCOUNT 250-99500-481385-80010 ATTACHMENTS: Would the adoption or implementation fulfill an identified City Council goal, past or Staff Report present? Yes Is this a policy for inclusion in the City's policy manual? Yes No x I:;r+rlu/a4.s.ece4lc - 30 Department of Parks and Recreation AGENDA ITEM TO: Doug Schmitz, City Manager FROM: Mike Henley, Director Parks and Recreation DATE: December 14, 1994 RE: Work Order#80010 Award of Bid -Waluga Park Phase II Balifield Renovation PURPOSE To award bid for the renovation of ballfields at Waluga Park to Brandt Construction, Inc. for $284,950. BACKGROUND This bid award constitutes the second phase of improvements of the four-phase development of Waluga Park. The scope of work includes improvements to the drainage and irrigation systems for the ballfields; adding length to the Little League field; asphalt and concrete surfacing for all roads and pedestrian access areas adjacent to the ballpark; reconstruction of backstops, dugouts and perimeter fencing on the Little League fields; and provision of site furnishings. On December 5, 1994, the City received three qualified bids: Brandt Construction, Inc. $284,950 • Ken Hood Construction $324,800 Krueger Erosion $352,329 41 Page 2 The engineer's estimate is $260,400. This project is included in the 1994-95 CIP and Capital Budget. Work is anticipated to commence immediately after Christmas and conclude no later than April 1, 1995. ACTION Recommend that Council award bid to Brandt Construction, Inc. for the renovation of ballfields as part of Phase II of Waluga Park improvements in the amount of $284,950 and authorize the City Manager to negotiate and execute contract. MH:ch MIKE\COUNCIL\WALIIBID.DOC 4 III - B - 4 12/20/94 CITY OF LAKE OSWEGO AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: Award of Bid, Westlake Park Support Buildings and Dugout Roofs(WPSBDR) ISSUE: Shall City Council award Bid for the WPSBDR to Jim Miller Construction for $141,921. OPTIONS: 1. Award Bid to Jim Miller Construction for $141,921. 2. Reject all bids RECOMMENDATION: Adopt Option #1 DEPARTMENT OF ORIGIN: Parks& Recreation FISCAL IMPACT: $141,921 NOTICED (Date): PREVIOUS COUNCIL CONSIDERATION EXPENDITURE: $141,921 IDate(s)I: BUDGETED? Yes ACCOUNT#250-995000-481385 ATTACHMENTS: Would the adoption or implementation fulfill an identified City Council goal, past or Staff report present? Yes Is this a policy for inclusion in the City's policy manual? Yes No X koulwcolleentwalchk.doc 43 'AU08, Department of Parks and Recreation caws AGENDA ITEM TO: oug Schmitz, City Manager FROM: Henley, Director Parks and Recreation DATE: December 14, 1994 RE: Work Order#80055 • Award of Bid - Westlake Park Support Buildings and Dugout Roofs ACTION / INTRODUCTION This report requests that City Council award bid for the Westlake Park Support Buildings and Dugout Roofs. BACKGROUND This project originated in the City's Capital Improvement Plan approved by City Council in early 1994. It was then placed in the Capital Improvement portion of the City budget for the 1994-95 fiscal year, funded at $167,000 in the Parks Levy Fund and established as Project#80055. The improvements planned for the Park include construction of two buildings, one each behind two of the three baseball/softball fields at Westlake Park. Building 2, located on the northwest corner of the park, will include a much needed restroom, storage area, press box, and concession facility to be used by local organizations £cZr fund-raising purposes. Building 3, on the northeast side of the park, will be a one-story structure and will be used as a press box and storage area. The contract will also include the construction of six dugout roofs over the existing open dugouts on all three fields. Improvements on the southwest portion of the park are scheduled in the 1995-96 fiscal year. 15 • Page 2 Plans and specifications, with a project estimate of$138,000, were completed in October of 1994 and advertised for bid in November of the same year. On December 9, seven bids were received with the following results: Company Base Bid Jim Miller Construction $141,921 Glen /Mar Construction $142,249 Charles Durham Construction $146,989 2KG, Inc. $152,900 Beck and Sons $171,109 Michael J. Watt, Inc. $174,785 Kohring Construction $188,500 DISCUSSION The low bid is well within our budget for the project and the contractor has met all the qualifications specified by the City. These improvements have the endorsement of our Team Sports Advisory Committee, which was instrumental in the design. It is our intent to have the improvements ready for the 1995 baseball/soccer season. ALTERNATIVES 1. Award Bid to Jim Miller Construction for $141,921 2. Reject all bids RECOMMENDATION It is our recommendation that City Council authorize the City Manager to execute a contract for the support buildings and dugout roofs at Westlake Park to Jim Miller Construction for $141,921. rmn wordlgary/purlutwos Vwe*Un(B 46 III - B - 5 12/20/94 CITY OF LAKE OSWEGO AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: Cooperative Agreement with the Lake Oswego Corporation ISSUE: Should Council authorize the City Manager to sign a cooperative agreement with the Lake Oswego Corporation? OPTIONS: 1. Authorize the City Manager to sign the agreement. 2. Do not authorize the City Manager to sign the agreement. 3. Remove from consent agenda and discuss. RECOMMENDATION: Adopt Option #1 DEPARTMENT OF ORIGIN: Public Works FISCAL IMPACT: $0 NOTICED (Date): PREVIOUS COUNCIL CONSIDERATION EXPENDITURE: $ REVENUE: $ [Date(s)]: BUDGETED? YES NO ACCOUNT# ATTACHMENTS: Would the adoption or implementation fulfill an identified City Council goal, past Council Report dated December 6, 1994 or present? No. Cooperative Agreement Is this a policy for inclusion in the City's policy manual? Yes No X C wm.rord\a\wo\agrr loc\agd Chck.da • 47 CITY OF LAKE OSWEGO COUNCIL REPORT ottrao TO: Douglas J. Schmitz,City Manager FROM: Mark Schoening, Assistant Public Works Director ,"K SUBJECT: Cooperative Agreement between the City of Lake Oswego and Lake Oswego Corporation DATE: December 6, 1994 Action The Council is requested to authorize the City Manager to sign a cooperative agreement with the Lake Oswego Corporation for the construction of a modified outlet structure as part of the Lakewood Bay Storm Drainage Improvements project. Background The Lake Oswego Corporation requested that the City include the modification of their outlet structure to Lakewood Bay in the City's Lakewood Bay Storm Drainage Improvements project. City staff agreed to this request because the modified outlet structure will benefit the City in the future draining of Lakewood Bay for sanitary sewer and storm drainage maintenance. The Lake Oswego Corporation will pay for all of the construction costs for the modified outlet structure. Alternatives The alternatives are to 1.) authorize the City Manager to sign the cooperative agreement, 2.) do not authorize the City Manager to sign the cooperative agreement, or 3.) remove from consent agenda. Conclusion Staff recommends that the City Council authorize the City Manager to sign a cooperative agreement with the Lake Oswego Corporation for the construction of a modified outlet structure as part of the contract for Lakewood Bay Storm Drainage Improvements. The City will benefit from the modified outlet structure and the Lake Oswego Corporation will pay for the construction costs of the modified outlet structure. MS/ 49 c\wtnwcxd\doc\wo\wo.9968\(au nrpt 2.doc COOPERATIVE AGREEMENT This Agreement is made and entered into by and between the City of Lake Oswego an Oregon Municipal corporation, and the Lake Oswego Corporation, an Oregon corporation. Recitals: • Whereas Lake Oswego Corporation owns and manages Oswego Lake as a reservoir, and whereas on a periodic basis Lake Oswego lowers the water level of the reservoir to conduct maintenance of its power generation facilities and waterworks; Whereas Lakewood Bay of Oswego Lake has traditionally been drained to the Willamette River, and whereas in more recent times, after the drainage of main lake reaches a certain level, the remaining drainage of Lakewood Bay has occurred via gravity through a 12 inch line at the east end of Lakewood Bay which connects with the City of Lake Oswego' s storm drainage system; Whereas the Lake Oswego Corporation has owned and operated the 12 inch gate valve and certain connecting piping through which the water of Lakewood Bay drains into the City' s storm drainage system and whereas Lake Oswego Corporation desires to replace the gate valve and portions of that certain piping; Whereas the City of Lake Oswego is undertaking the replacement of certain storm drainage facilities, and in connection therewith is undertaking engineering work and mobilization of resources which indicate economies could be achieved if the City undertook the replacement of the valve and modification of the outlet at Lake Oswego Corporation' s expense; And whereas the new valve and modified outlet piping would remain the property of Lake Oswego Corporation; And whereas, the parties hereto acknowledge that they have authority to execute this Cooperative Agreement. NOW THEREFORE, Lake Oswego Corporation ( "LOC") and the City of Lake Oswego ("City") agree as follows: 1. Upon completion of the drainage of Lakewood Bay in 1995, City will install a new 20" gate valve in the drainage SWW1-2119.1 42835 0014 51 line and new connecting piping, including outlet pipe, outlet grate and modified manhole (collectively, the new valve, modified manhole outlet pipe and grate are referred to as the "Modified Outlet Structure") , and connect the same to the City's storm drainage system, and remove and dispose of the old piping and valve. The Modified Outlet Structure shall be made in accordance with the engineering diagrams and specifications attached hereto as Exhibit A, and in a good and workmanlike manner. City will provide engineering services, bidding and construction inspection services for the Modified Outlet Structure and its connection to the storm drainage system. 2. City will fully complete the Modified Outlet Structure and its connection to the storm drainage system on or before April 15, 1995, by which date LOC intends to commence refilling Lakewood Bay. 3 . City will assure that the work is covered by adequate workers compensation coverage, general liability coverage and other insurance coverages as are required under City' s other contracts for construction and shall cause LOC to be named as an additional insured. City will keep the property of LOC, including the Modified Outlet Structure, free of liens or judgments relating to such work. City agrees, at the request of LOC, to pursue reasonable claims at LOC's expense under City contracts against contractors, subcontractors and suppliers for defective workmanship or materials for the Modified Outlet Structure. 4 . City will obtain all required materials, the valve and labor to cause the completion of the Modified Outlet Structure and connection to its storm drainage system by the date set forth in Section 2 . LOC will pay the third party costs of installing the Modified Outlet Structure within 10 days after presentation of an invoice stating that the work is complete. City and LOC estimate that the Modified Outlet Structure, including valve, will cost $11, 750 to complete. LOC will also pay for applicable change orders, but City will obtain LOC's approval in advance of City approving such change orders. 5. Following installation, LOC will continue to own, operate and maintain the Modified 'Outlet Structure, and connecting piping between Lakewood Bay and the City's storm drainage system, as depicted on Exhibit A, and to use the valve for lake drains and flood control. LOC will continue to operate the valve in a manner which does not cause the storm drainage system to flood and so that adequate capacity of the storm drainage system is available during storm or flood events. The parties acknowledge that to their knowledge to date, drainage of Lakewood Bay in any particular year has not been temporarily stopped during the drain or reduced. SWW1-2119.1 42835 0014 2 r 6. In the event of an imminent storm or flood event during a drain of Lakewood Bay which threatens the capacity of the storm sewer, City will notify LOC and LOC will take appropriate action to operate the valve. If LOC fails to take action or if City is requested by LOC to do so, City may operate the valve to reduce or secure the Bay drain until the imminent event passes. It is anticipated that the securing or reduction of the Lakewood Bay drain will be a rare event. City's license to operate the valve in these limited circum- stances requires notice to LOC in accordance with this paragraph in each instance. 7 . This Agreement may only be amended by mutual agreement of the parties in writing. 8. City's installation of the Modified Outlet Structure is subject to the constitutional debt limitation of cities and is contingent upon funds being appropriated therefore. IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the date and year herein written above. LOC has acted in the matters pursuant to action of its Board of Directors on the 8th day of November, 1994 . City has acted in this matter pursuant to motions passed by the City Council to complete major work to its storm drainage systems in 1995, including replacement of a lateral line through Lakewood Bay. CITY OF LAKE OSWEGO, by and Approvalf� 7 through its City Officials as to For /. ; , /, Att6xney By: City Manager LAKE OSWEGO CORPORATION, by and through its Board of Directors By: President SWW1-2119.1 42835 0014 3 53 OSWEGO LAKE SURFACE SEA WALL REMOVE 41 REPL A CE EXIST.. EXTRUDED CURB 30"MA WHOLE ID (- PARKING STOP PARKING r 1 1 � LOT 1 1 + ,sem J— 1. _L _ _� __ __..s.7.._,...-1 i-- i i 8" �2" F - - ------;4i�- - - �I)� IIT T t -,-)` REMOVE CONE i ''—' `' CbNVE RT TO I I FLAT TOP ji 1 EX/5T. MANHOLE ill �,,,,� T' ry- 4"WIDE COLLAR � I 1tt 4�SCHEDULE 1 MASTIC 40 PVC DRAIN) CEMENT GROUT SEAL W/DRA/N COLLAR ,T, PLUG II INLET � I ' i 1,21f: IfOUTLET• E GRATE • '="---- • • ...^^.- •ter ----- 1 h. - ,t M. • w. FLOM/ I ••4 1 .*Ii .'�.:♦:"•I O• a, 4\ -- • 4, 1113,t4. ,1 I / °�i>=1id11> i 4% WIDE CONCRETE PAD 1r44. 011 COLLAR REPL A C E W/20"GATE VALVE et FLANGED COUPLING.) WITH20"DIA. STEEL PIPE ;i S O�a`a ADAPTOR REPLACE CN OEaGN TNuulm cNEC1( DEPARTMENT MS IMS \� OF °MODIFIED" MANHOLE SCALEDATE PUBLIC WORKS (IN U.S. BANK PARKING LOT) N.T.S. 11094 i1lEi DRAWING NO Wir CITY OF LAKE OSWEGO 8/Q I of CASCAO • •• •.....a III CO EXII 1 P TT A ,) III - B - 6 CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: Acceptance of easements by the City Manager Drainage Improvement Easement Foothills Road,Tax Map 21E 2CB,Tax Lot 2101 Owners: Warren, Black, McPhee ISSUE: Information only. No Council action required. OPTIONS: N/A RECOMMENDATION: Accept report. DEPARTMENT OF ORIGIN: City Recorder FISCAL IMPACT: NOTICED (Date): N/A EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ CONSIDERATION N/A BUDGETED? YES NO ACCOUNT Would the adoption or implementation fulfill an identified City Council goal, pas or present: No Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? No 2 December, 1994 memorandum k:\kristi\forms\ch-min 57 if alums_ oaletto °mos COUNCIL STAFF REPORT TO: Douglas J. Schmitz, City Manager FROM: Kristi Hitc s e•c!, City Recorder SUBJECT: Acceptance of asements DATE: 2 December, 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 easement on behalf of the City. I has been recorded with the County. Drainage Improvement Easement Foothills Road, Tax Map 21E 2CB, Tax Lot 2101 Owners: Warren, Black, McPhee k kristi\forms\cc-oeso.doc .1 .+ J EXHIBIT B r------- - - - _ _ .....__ , _ _ ------7 III r r / ., .. _ . .,.., , _ _ 1 r IT/L 2101 / /// PROPERTY LINES r 1. r r / r II.T 9UILDING I �' r / I i 15' PERMANENT STORM EASEMENT FOOTHILLS ROAD • E,P, -------_ W.O. 9925 DESIGN: DRAWN: CHECK: AgeIlw DEPARTMENT OFRDA R A I STORM EASEMENT FOR Sc.u..f~• DATE: �A+AR= PUBLIC WORKS RARREN.BIACK & BLACK NONE 111-1-94 CITY OF LAKE OSWEGO 2S. R1E. SEC. 2CH T/L 2101 $4> DRAWING NO. CLACKAMAS COUNTY. OREGON I 1 os 1 I ERIKEASE.DWG ;J 1 AIM III - B - 7 CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20. 1994 SUBJECT: LORA recommendation regarding Design Guidelines ISSUE: Drop from agenda at this time since LORA did not take action on December 14 OPTIONS: 1 Drop from agenda at this time RECOMMENDATION: Option#1 DEPARTMENT OF ORIGIN: City Manager FISCAL IMPACT: I NOTICED (Date): N/A EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ CONSIDERATION No BUDGETED? YES NO ACCOUNT Would the adoption or implementation fulfill an identified City Council goal, past or present:? Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? k:\kristi\forms\ch-mist 63 III - B - 8 CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: Award of Bid - Adult Community Center Storage Shed ISSUE: Shall the City Council authorize construction of a storage shed to Glen/Mar Construction for $34,576. Contingency funds totaling$11,317 need to be added to the budget for the project. OPTIONS: 1. Award to Glen/ Mar Construction for $34,576, using $23,259 of Capital and $11,317 of Contingency. 2. Reject all bids and scale down project to fit into budget. • RECOMMENDATION: Adopt Option#1 DEPARTMENT OF ORIGIN: Parks& Recreation FISCAL IMPACT: $34,576 NOTICED December 20, 1994: PREVIOUS COUNCIL CONSIDERATION EXPENDITURE: $34,576 IDate(s)]: BUDGETED? Yes ACCOUNT#207-562000-481200 ATTACHMENTS: Would the adoption or implementation fulfill an identified City Council goal, past or Staff Report present? No Is this a policy for inclusion in the City's policy manual? Yes No x K:partuo 65 oNe Department of Parks and Recreation AGENDA ITEM TO: ug Schmitz, City Manager FROM: Director Parks and Recreation DATE: December 20, 1994 RE: Work Order#80018 Award of Bid -Adult Community Center Storage Building Use of Contingency Funds ACTION /INTRODUCTION This report asks City Council to award bid for a storage facility at the Adult Community Center (ACC). BACKGROUND Several years ago, the back deck covering the existing storage area was declared structurally unsafe and subsequently torn down, exposing an equally rotted shed. An amount of$27,000 was budgeted in the 1994-95 fiscal year for the construction of a new storage shed to provide dry storage for the grounds maintenance equipment currently housed in the old unit, as well as the Harvest Bazaar items. Plans were prepared in the fall of 1994 for a one-story building of approximately 450 square feet and advertised for bid in November of the same year. The bids called for an alternate to include upgrading the roof from composite to shake, which was stipulated during the design review process for the building. 67 Page 2 On November 28, 1994, four bids for this project were received with the following results: Company Base bid Alternate Total Glen / Mar Construction $33,776 $800 $34,576 Kohring Construction $33,864 $1,000 $34,864 National Constr. Services $33,450 $1,500 $34,950 Todd Hess $40,900 $1,125 $42,025 DISCUSSION After deducting costs for planning and design, advertising, city fees, etc., $23,259 is available in the capital account for construction. Staff is recommending that $11,317 be used from the ACC Contingency Fund to make up the necessary deficit needed to fund the project. ALTERNATIVES Award of Bid 1. Award to Glen/Mar Construction for $34,576 which includes the shake roof alternate. 2. Reject all bids. RECOMMENDATION Authorize the City Manager to execute a contract for the construction of the storage building to Glen/Mar Construction for $34,576, and authorize the use of$11,317 from the ACC contingency fund. ,.:•narrd vn'P✓ts i.nlr.l AOAo/H • III - C - 1 12/20/94 PA 08-94-1093, adoption of the revisions to the Comprehensive Plan CITY OF LAKE OSWEGO AGENDA CHECK LIST Meeting Date: December 20. 1994. SUBJECT: PA 08-94-1093 (City of Lake Oswego). Findings, Conclusions & Order. A request by the City of Lake Oswego to repeal portions of the existing Comprehensive Plan text and adopt new and revised plan text. ISSUE: Do the proposed findings accurately articulate the Council's decision on the above-noted request? OPTIONS: 1. Adopt findings. 2. Modify findings. 3. Reject findings. RECOMMENDATIONS: Adopt option 1. DEPARTMENT OF ORIGIN: Planning Department/City Attorney. FISCAL IMPACT $ NOTICED (Date): with agenda. EXPENDITURE $ PREVIOUS COUNCIL CONSIDERATION: REVENUE $ Council made its preliminary decision at its November 22 and December 13, 1994 BUDGETED? YES NO ACCOUNT # ATTACHMENTS: Would the adoption or Implementation fulfill an identified City Council goal, 1. Findings PA 08-94-1093 past or present? NO . Is this a policy for inclusion in the City's policy manual? Yes No X . WP51\Findings\Agenda.Lst • 1 BEFORE THE CITY COUNCIL 2 OF THE CITY OF LAKE OSWEGO 3 4 A REQUEST BY THE CITY OF ) LAKE OSWEGO TO REPEAL ) PA-08-94-1093 5 PORTIONS OF THE EXISTING ) (City of Lake Oswego) COMPREHENSIVE PLAN ) 6 TEXT AND ADOPT NEW AND ) FINDINGS, CONCLUSIONS & ORDER REVISED PLAN TEXT 8 NATURE OF APPLICATION 9 The City of Lake Oswego proposed amendments to the Lake Oswego Comprehensive Plan 10 text to repeal portions of the existing Plan text and to adopt new and revised text. The proposed 11 amendments address the following topics: 1) Preface and Introduction; 2) Goal 1: Citizen 12 Involvement; 3) Goal 2: Land Use Planning, Part 1: Land Use Policies and Regulations; 4) Goal 13 14 2, Part 2: Community Design and Aesthetics; 5)Goal 5: Open Spaces, Scenic and Historic Areas 15 and Natural Resources, Part 1: Fish and Wildlife Habitat; 6) Goal 5, Part 2: Vegetation; 7) Goal 16 5, Part 3: Wetlands; 8) Goal 5, Part 4: Stream Corridors; 9) Goal 5, Part 5: Distinctive Natural 17 Areas; 10) Goal 5, Part 6: Open Spaces and Scenic Resources; 11) Goal 5, Part 7: Oswego Lake; 18 12) Goal 5, Part 8: Historic and Cultural Resources; 13) Goal 6: Air, Water, and Land Resources, 19 Quality, Part 1: Air Resources Quality; 14) Goal 2, Part 2: Water Resources Quality; 15) Goal 20 21 2, Part 3: Solid Waste Management; 16) Goal 2, Part 4: Sound Quality; 17) Goal 7: Areas 22 Subject to Natural Disasters and Hazards, Part I: Flood Hazards; 18) Goal 7, Part 2: Earthquake 23 Hazards; 19) Goal 7, Part 3: Landslides, Erosion, and Unstable Soils; 20) Goal 8: Parks and 24 Recreation; 21) Goal 9: Economic Development; 22) Goal 10: Housing; 23) Goal 11: Public 25 26 1 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA;08-94-1085] Jeffrey O.Cavell Ory Attorney•Ole d LSM Oswego MO'A'Avenue•P.O.17e all,We Oewge,Oregon 07034 (507)mans FAX(II N7-NM 1 Facilities and Services, Part 1: Police and Fire Protection; 24) Goal 11; Part 2: Stormwater 2 Management; 25) Goal 11, Part 3: Water Treatment and Delivery; 26) Goal 11, Part 4: 3 Wastewater Collection and Treatment; 27) Goal 11, Part 5: Administrative and Government 4 Services, Energy and Communications and Schools; 28) Goal 13: Energy; 29) Goal 14: 5 6 Urbanization; 30) Goal 15: Willamette River Greenway. No amendments are proposed to the Comprehensive Plan Land Use Map, and to other 8 identified maps. Also, no changes are proposed to Comprehensive Plan text pertaining to Goal 9 12: Transportation, the Old Town Design District or to Marylhurst Policies and Land Use Map. 10 This proposal is a Legislative Decision pursuant to LOC 49.60. 11 HEARINGS 12 The Planning Commission held a public hearing on the application on September 12, 1994 13 14 and September 26, 1994, and forwarded a recommendation for approval to the City Council. The 15 City Council held several public work sessions through the months of October and November, 16 1994, and proposed several amendments to the amended Comprehensive Plan text as 17 recommended by the Planning Commission. 18 The City Council held a public hearing on the amended version of the Plan on November 19 22, 1994. Subsequently, the Council left the record open for submittal of additional written 20 21 testimony until December 2, 1994. The Council reopened the public hearing for oral testimony 22 on the revised Comprehensive Plan text on December 13, 1994. 23 CONCLUSION 24 The Council incorporates the staff report dated November 9, 1994, as Findings and 25 26 2 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 .MRM O•Candi Gig Attorney•Gig M Linn Oswego MO'A'Avenue•P.O.Bar MO.LMS O. Oregon O7O34 MX)014225 FAX(101•117-411•4 1 Conclusions in support for its decision, as modified and supplemented by the following findings: 2 1. The proposed amendments to the Comprehensive Plan text are the culmination of 3 an almost two year citizen involvement and review process that began in January 1993, when the 4 City Council appointed the 11 member Ad Hoc Lake Oswego Comprehensive Plan Review 5 6 Committee (LOCPRC). The LOCPRC consisted of interested citizens, members of the Planning 7 Commission, Chamber of Commerce representatives, a member of the original body which 8 developed the City's first Comprehensive Plan, and a member of the Committee for Citizen 9 Involvement. The LOCPRC was directed to amend and/or develop new Comprehensive Plan 10 goals, policies and recommended action measures that reflect current conditions in Lake Oswego, 11 the region and the state and which also address those changes which have occurred since the 12 13 1978 adoption of the Lake Oswego Comprehensive Plan and its subsequent acknowledgement 14 by the Department of Land Conservation and Development in 1984. The Council also desired 15 that the Plan address changes in state land use laws and administrative rules. Another goal was 16 to the make the Plan more clear and "user friendly" for all those who refer to it -- citizens, city 17 staff and officials, developers, and other agencies and jurisdictions. 18 Between January 1993 and August 15, 1994, the LOCPRC met 45 times to achieve this 19 20 goal. Other City Boards and Commissions were directly involved in many of the new Plan 21 elements. The Natural Resources Advisory Board reviewed 16 of the 31 proposed elements 22 which pertain to natural resources. The NRAB subsequently made recommendations to the 23 LOCPRC on these matters. The Parks and Recreation Board spent several meetings on the Goal 24 8 (Parks and Recreation) Chapter. The Historic Review Commission reviewed the Historic and 25 26 3 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 P.•.g O.Candi ah mows,•OI sl La.Owns* so.A.A •P.O.N sm.LM.Chimps,aspen 17034 (3m)msams fA t(ssm 110741144 1 Cultural Resources element of Goal 5, and the Committee for Citizen Involvement reviewed the 2 Goal 1 (Citizen Involvement) element of the Plan. The LOCPRC held three 3 public meetings which were devoted solely to receiving comments and suggestions from the 4 general public. 5 In addition to making the plan more clear and easier to use, the LOCPRC made a 6 7 conscious effort to remove Comprehensive Plan statements which were previously applicable to 8 limited land use decisions. This was done to comply with a provision of ORS 195.175, "Limited 9 Land Use Decisions," which states, "Within two years of September 29, 1991, cities and counties 10 shall incorporate all comprehensive plan standards applicable to limited land use decisions into 11 their land use regulations." A limited land use decision is defined in ORS 197.020(12) as, "the 12 13 approval or denial of a subdivision or partition or of an application based on discretionary 14 standards designed to regulate the physical characteristics of a use permitted outright, including 15 but not limited to site review and design review." In other planning and zoning actions such as 16 plan amendments and zone changes, conformance to the Plan must be demonstrated. 17 The LOCPRC worked for 16 months on the above tasks and submitted the results to the 18 Planning Commission which held public hearings on the, proposal on September 12 and 19 September 26, 1994. On October 17, 1994, the Planning Commission adopted the Findings 20 21 concluding that the proposed Plan text, with some minor modifications, complied with the 22 applicable Statewide Planning Goals, applicable administrative rules adopted pursuant to ORS 23 197, and the Comprehensive Plan. The Planning Commission forwarded its Findings and Order 24 to the City Council with a recommendation for adoption. 25 26 4 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] 4.31r.7 a Candi GM Allano7.dry d Lob Oorrogo 310'A'Avenue•I.O.kw 30/Lain Oooaigo,Oregon 57034 (303)0350331 FAX ONO 5571104 1 2. The City Council hereby adopts and incorporates the Planning Commission's 2 October 17, 1994, Findings and Order, including the background information and record 3 established at the Planning Commission Public Hearings which support the Findings as modified 4 herein. 5 3. The City Council conducted several public work sessions on the Plan during the 6 7 months of October and November 1994 and made several changes to the amended Plan text as 8 recommended by the Planning Commission. These changes are illustrated in Attachment "A" 9 of PA-08-94-1085, "Revised and Updated Lake Oswego Comprehensive Plan Text," and 10 summarized in a November 14, 1994, memorandum from Ron Bunch, Senior Planner to Doug 11 Schmitz, City Manager. 12 4. At the November 22, 1994, public hearing, staff explained that two new and two 13 14 revised Plan statements were not included in Attachment "A" of PA-08-94-1085 because the City 15 Council's work session at which these statements were discussed was held on November 10, 16 1994, the same day the Plan was being printed. Instead these statements were contained in the 17 staff report. The Council concludes that following new and amended statements should be 18 included in the Plan for the reasons provided: 19 Goal 14: Urbanization, Policy 8 is amended to address the issue that the City may not 20 21 be able to require annexation in all instances when City water is provided to unincorporated lots 22 of record pursuant to state statutes and recent Portland Metropolitan Boundary Commission 23 interpretations. The policy shall read as follows: 24 Unincorporated property shall be required to annex prior to the receipt of city 25 sanitary sewer service. City water service to unincorporated property shall require 26 5 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 kart a Condit Ory AMmne7.017 of LMM Owpo UM•••Ammo-I.O.M MM.LAM Ogees%Orogen MOM MOM Ml4M?D FAR(O1*M-4104 1 prior annexation or execution of a consent for future annexation. in no case will a consent for future annexation be accepted where immediate annexation is feasible. 2 3 A New Policy 19 is added to Goal 8: Parks and Recreation to recognize Lake Oswego's 4 obligation to address the recreation needs of all of its citizens regardless of income: 5 Ensure the opportunity for Lake Oswego residents to have access to parks and recreation facilities and programs regardless of income. 6 Policy 18, Goal 8: Parks and Recreation, is amended as follows to recognize that the 7 8 primary object of coordinating and cooperating with school districts and other organizations is 9 to provide for greater levels of service efficiency and effectiveness than would he possible if the 10 City was providing these services by itself. 11 Coordinate and cooperate with school districts and pfivttte other organizations to meet 12 park and recreation needs of the City and the region and to assure optimum efficient use of all parks and recreation facilities and resources. 13 14 The following new Recommended Action Measure (RAM), is added to Goal 13, Energy 15 Conservation to recognize the fact that drive-through businesses waste transportation energy and 16 should he discouraged: 17 Conserve transportation energy and prevent traffic congestion by discouraging the 18 development of drive-through businesses. 19 5. At the November 22 and December 13, 1994, public hearings, members of City 20 Boards and Commissions, Lake Oswego Neighborhood Association Action Coalition (LONAC) 21 and several private citizens testified on the changes the City Council made to the Plan as 22 recommended by the Planning Commission during above public work sessions and pertaining to 23 24 the new and revised text in general. This oral and written testimony falls within four broad 25 categories: 26 6 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 Pip/key a Condit City AOotrry•City al LaMs Owego 310 0 Avows•1.0.M 641,L. °nom O.ogon 170.34 (64014010!36 FAX($0 407.4004 1 A. Proposed deletion of specific reference to boards and commissions within the text of the Comprehensive Plan. 2 3 B. Proposed new background text and policy language referencing the future. possibility of greater housing densities as a result of the state and Metro 4 implementing the Metro 2040 Plan. 5 C. Legislative plan amendments, replacement of density charts in the Goal 10: Housing Chapter and discussion of deleted definitions. 6 7 D. Other policies and recommended action measures. 8 A. Proposed deletion of specific reference to boards and commissions within the text 9 10 of the Comnrehensive Plan. 11 A significant portion of public testimony focused on the Council's desire to delete 12 reference to boards and commissions in the proposed Plan text. The Council's reasoning was that 13 Boards and Commissions are established by Chapter 12 of the Municipal Code and that reference 14 in the Comprehensive Plan is duplicative, and poses potential fiscal, management and efficiency 15 16 issues. For example, if it became necessary to change the name, responsibility of a board or 17 commission, or to sunset one,both the Municipal Code and Comprehensive Plan would possibly 18 have to be amended. However, several persons and organizations testified that reference to 19 boards and commissions in the Plan is important for the City to acknowledge the contribution 20 of these bodies. Further, the added layer of protection of notice and public hearings, as imparted 21 by the Comprehensive Plan is important. Public testimony stressed that even if this Council is 22 supportive of boards and commissions, future Councils may not be. 23 24 The Council agrees that reference to these bodies should be within the Plan as follows: 25 i. Reference to the Committee for Citizen Involvement(CCi) shall remain in the Plan 2 6 7 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 .iMk.,0.Candi City AIt tory.City of l.k.044.00 380A•A.nu. P 0 e..Sit(.r 04.090.a.gon 8/034 (sew VIS.0725 FAX ROM N/41344 1 both in the proposed Background text and as a policy. Specifically reference to the CCI on page 2 7, Summary of Major Issues and in Goal I: Citizen Involvement, on pages 8 and 9, policy 6, 3 shall remain. 4 This is because the City is required by Statewide Planning Goal I: Citizen Involvement 5 6 to have a Citizen Involvement Program. The Citizen Involvement Program is adopted as part of the Comprehensive Plan. In Lake Oswego's case, the "Citizen Involvement Guidelines for Lake 8 Oswego" as adopted by the Council on August 20, 1991, constitute the City's Citizen 9 Involvement Program. The program references the CCI and its responsibilities several times. 10 Therefore, the CCI is already a part of the Plan. Linkage between the plan text and the Citizen 11 involvement Program in the form of background information, policies, and RAMs reaffirms the 12 13 position of the City in regard to citizen involvement. 14 ii. Reference to the Development Review Commission on page 10, RAM vii., and is on page 19, Policy 28 shall remain, as will reference to the Planning Commission as originally 16 proposed. 17 This is because mention of the Development Review Commission (DRC) is also included 18 within the city's acknowledged Citizen Involvement Program. Therefore the DRC, as is the CCI, 19 is already part of the Comprehensive Plan. From a practical and symbolic standpoint, it does no 20 21 harm to maintain reference to the DRC on page 10, RAM vii, and on page 19, policy 28 of the 22 proposed Plan. Furthermore, because of the general nature of these statements and the fact that 23 the Planning Commission is required pursuant to state law to be involved in the City's Land Use 24 Planning effort, it too shall he included in the Plan as originally proposed. 25 26 8 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085J PsOm a coma City A MM•cityalLw- HO•Oh•Manus•P.O.Mt 11111,LAD ww'.Opyun t70D0 tiN►Nsaa PDX 0e2 0/74111114 • 1 iii. The following RAMs and policies pertaining to the role of the Natural Resources 2 Advisory Board, Historic Review Commission and Parks and Recreation Advisory Board are to 3 he included in the Plan as amended. 4 Goal 5: Section 5, Distinctive Natural Areas, Page 60, RAM viii. 5 Use +he a natural resources advisory Beafd body to prioritize DNA sites, and to 6 assist Council in protecting DNAs by acquisition, easements, and management. 7 Goal 5: Section 6, Open Spaces and Scenic Resources, Page 69, RAM v. 8 Use +he a natural resources advisory geaF4 body to advise Council on methods of open 9 space acquisition, open space acquisition priorities, and the designation and management 10 of Public Open Space. 11 The above statements are to included in the Plan because they recognize the desirability 12 of having either a citizen advisory committee, commission, or hoard to address natural resource 13 issues. However, they do not specifically reference the NRAB. The above amendments provide 14 the Council with more flexibility in management of the natural resources advisory process. The 15 following illustrates why this flexibility should he within the Plan. The original natural resources 16 17 advisory body as identified in the current Comprehensive Plan, was enfranchised as the 18 Conservancy Commission by the City Council. It ceased to be active for a period of time. 19 However, it was reactivated by the Council as the Natural Resources Commission. This body's 20 charge was established within Chapter 12 of the municipal code. Subsequently, the Natural 21 Resources Commission's name was changed to the Natural Resources Advisory Board (Board) 22 and its charge was amended slightly. During the time when changes to the tasks, duties and title 23 24 of the City's natural resources advisory body happened, no effort was made to amend its official 25 name and duties within the Plan. Technically speaking, not maintaining the name and duties of 26 9 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 A.M.,Q Cared14 CIM Mlnnry•dl,M ler GA+ 1/0'x.M,na*•P.O.M 101.LMS 0•0• OOsw ,1011 (1011 en-an PAZ 111011111/41/114 1 the original Conservancy Commission,could be have been construed as non-compliance with the 2 Plan. 3 The above approach is also used to address Goal 5, Section 8, Historic Resources, Policy 4 4 on page 81. Instead of referencing the Historic Review Commission specifically, the term 5 "historic review body" shall be used. Also, the specifics of the body's duties are not included in 6 7 the policy. For example, as illustrated above, if one of the several duties embodied within the 8 statement is changed sometime in the future, an amendment to the Plan might he necessary. The 9 new policy which recognizes the need to have a historic review advisory body is to read follows. 10 The deleted language is indicated. 11 4. Utilize a historic resources advisory body to implement Lake Oswego's 12 historic preservation program, '• . . - - •; 13 eemitteftity-etitteatioft-: 14 The Goal 8, Parks and Recreation RAM vii on page 123 is modified slightly and 15 reinserted back in the Plan and shall read as follows: 16 17 vii. Maintain a parks and recreation efiffitifkiieft advisory body to advise City Council of parks acquisition and development, park 18 tlesitit and recreation facility design, recreation programs and priorities,and citizen involvement for parks and recreation planning 19 and implementation. 20 Because the term "Advisory Body" is used in the Plan the following definition is included 21 within the appropriate definition sections as follows: 22 Advisory Body: A board, commission, standing or ad-hoc committee 23 appointed by the City Council to advise it on issues pertaining to land use, 24 natural and historic resources, parks and recreation, traffic,or other matters as prescribed by the Council. 25 26 10 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] Jaffrey 0 Condit CO,Allaoey•GUi of toll owrey/e ?tl•►•P.eno•P.O.M MO.fele Oew0e.Qe0en MS 040)631.O3$0 PAM l*O. 1174004 1 iv. Goal 14: Urbanization, Policy 6 as follows, shall be put hack into the Plan as a 2 policy. 3 6. Utilize the Planning Commission to develop a formal position for recommendation to the City Council for UGB amendments which could 4 affect Lake Oswego and to provide an opportunity for public input. 5 Amendment of the Urban Growth Boundary and subsequent amendment of the City's 6 Urban Services Boundary (USB), and application of appropriate Plan and zoning designations are 7 legislative acts. The Planning Commission's participation in these acts is consistent with its 8 charge within the City's Citizen Involvement Program. Further, this policy augments Goal 2: 9 10 Land Use Planning policy 28 above, which shall also he placed back in the Plan. 11 Because the above statements are being placed hack into the Plan, proposed new Citizen 12 Involvement RAM vii., as shown on page 11 of Attachment "A" -- PA-08-94-1085, is to he 13 deleted. 14 B. Proposed new hackeround text and nolicv language referencing the future 15 possibility of greater housine densities as a result of implementing the Metro 2040 Plan. 16 17 Two references to higher densities are contained in the Goal 10: Housing and Goal 2: 18 Land Use Planning background portions of the proposed Plan text and are statements of fact. 19 These statements originally read as follows: 20 In the future, Metro Regional Framework Plans and Functional Plans may require 21 Lake Oswego and other communities to provide for greater housing densities in appropriate areas such as the downtown and along identified major transit 22 corridors as a means to ensure a compact urban form in the Portland Metropolitan Area. 23 24 Several persons testified that the City should not acknowledge that Lake Oswego may he 25 required to accept greater housing densities as a result of maintaining a compact Portland 26 11 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 ►.mr a coal C3l7 AYmn.y•Cllr of LW Owego 110•A'£..o. •P.O.bell 311.L.Y.Owp.,Or.Oin 17011 (101)03607!!FAX(10;111.0301 1 Metropolitan Area Urban Growth Boundary pursuant to the Metro 2040 Preferred Land Use 2 Alternative. Others stated that, if this was mentioned in the Plan, it should be worded so that 3 Lake Oswego would consider higher densities only within appropriate areas, such as the 4 downtown commercial district. It was felt that the City should respond to Metro's plans and 5 6 requirements when they occur and not anticipate them in the Plan. The City Council in adding this language to the Plan wished to pragmatically 8 acknowledge that higher densities may he the result of the City working to preserve the rural 9 character of the North Stafford Area and the need to reduce traffic and the costs associated with 10 urban sprawl. The Council recognizes that both Metro and the State have authority to mandate 11 such changes. During the public hearing it was recommended that the statement he modified, 12 13 so that it doesn't imply that the entire community may be required to accept higher densities. 14 The City Council agrees with the testimony and amends the statements to read as follows: 15 Background, Goal 2: Land Use Planning, page 23: 16 "Metro Regional Framework Plans and Functional Plans may require Lake 17 Oswego and other communities to provide for greater housing densities in appropriate areas such as the downtown commercial district and along 18 identified major transit corridors as a means to ensure a compact urban form in the Portland Metropolitan Area" 19 Background, Goal 10: Housing, page 141: 20 21 "Metro Regional Framework Plans and Functional Plans may require Lake Oswego and other communities to provide for greater housing densities in 22 appropriate areas such as the downtown commercial district and along identified major transit corridors to minimize pressure to expand the • 23 Metropolitan Area Urban Growth Boundary. 24 Both of these statements reflect the City's current understanding of Metro's intentions 25 26 12 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 Jeffrey e wl as Atwnt r•ah of Lih•Owego WO'A'Memo.P0.Mu IS LAIC Owwp.O`iPP O?OM (sMI)0S-OOa CAA AW 1174114 1 based on the 2040 Growth Concept that was adopted by Metro Council on December 8, 1994. 2 In order to implement the 2040 Growth Concept which has as its primary focus the maintenance 3 of a compact urban form, densities will have to be increased inside the Urban Growth Boundary. 4 Metro may, under its authority granted by the state and voters of the region, require increased 5 housing densities to achieve regional planning goals. 6 The above statements are not policy. They do not require the City to increase housing 8 densities, but they do identify a land use planning issue that the City will have to address in the 9 near future. By placing these statements in the Plan, the City is advising its citizens that Lake 10 Oswego will have to define its role as part of the region in preventing urban sprawl. 11 The third statement relating to the possibility of increased densities is Goal 10 (Housing) 12 Policy 3 on page 145 of the revised Plan text and read as follows: 13 14 Recognize Lake Oswego's responsibility to provide for its share of housing density pursuant to applicable Metro plans and state law to minimize pressures to 15 expand the Portland Metropolitan Area Urban Growth Boundary. 16 The Council recognizes that there will be additional study and discussion with Metro on 17 what additional housing density may he appropriate for Lake Oswego and where it will be 18 located. Therefore, this proposed policy is deleted from the Plan. 19 Because the term "Major Transit Corridors" are used in the above background section of 20 21 the Plan, they are defined as follows: 22 Major Transit Corridors: Roads classified as arterials within the Lake Oswego City Limits which are used as transit routes. Major transit corridors 23 consist of Highway 43 (State Street), A Avenue, Country Club Road, Boones Ferry Road and Kruse Way. 24 25 A key component of the 2040 Growth Concept is the intensification of development 26 13 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 AttN.r a smai My Attorney•City a LOA Omega 100'A•A .•P.O.N DM,LM.O.wp.O,ryon 07034 (sop 16-019 FAX(MX..i.ao 1 1 density along transit corridors. This element of the Growth Concept is important because it 2 contributes to the achievement of both land use and transportation goals. By increasing densities, 3 less land will be needed to be added to the Urban Growth Boundary and increased transit 4 ridership will improve mobility and air quality in the region. In Lake Oswego, transit corridors 5 6 arc shown on Highway 43, "A" Avenue, Counts; Club, Boones Ferry, and Kruse Way. 7 C. Legislative Plan Amendments, Replacement of density charts in the Goal 10: 8 Housing Charter and discussion of deleted definitions. 9 Public testimony stressed that the proposal to change Goal 2 polices 16 and 17 on page 10 17, to clarify how legislative plan and text amendments are made should not limit the ability of 11 others to request amendments. It was stated that the proposed policy gives the impression that 12 13 citizens cannot request that the Planning Commission or Council to initiate Plan text or map 14 changes. The Council agrees with these suggestions and amends the policy as follows: 15 16. Upon determination it is in the public interest, legislative amendment to the Comprehensive Plan text and map may he initiated only by the 16 Planning Commission or City Council. Any interested person may 17 request the Planning Commission or City Council to initiate a legislative amendment to the Plan text or map. 18 The Council also agrees with public testimony to place the following charts back into the 19 Goal 10: Housing Chapter of the Plan. In addition the language for Goal 10: Housing Policies 20 21 I and 2 per the August 15, 1994 Draft of the Plan is to be used. These policies will read as 22 follows: 23 1. Maintain the following residential land use designations and locational criteria which 24 support the above goal: 25 26 14 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 mei.,0 CAMP dh Attorney•CIM M lobe Owgo X10'A'Moms•I.O.N AN.lob 0406.0.Onwsn MAP (1m)MONS PAX MO N/-OIN ti 1 a. Low Density Residential 2 Density Classification Minimum Square Feet of 3 Area per Unit 4 R-15 15,000 sq. ft. R-10 10,000 sq. ft. 5 R-7.5 7,500 sq. ft 6 Low Density is intended for areas: 7 i. Which are currently developed at low density; 8 9 ii. Where transportation routes are primarily limited to collectors and local streets; 10 iii. Where public services are adequate but development constraints may exist, 11 and; 12 iv. Where sensitivity to the natural environment or the existence of natural 13 hazards indicates a reduced density. 14 h. Medium and High Density Residential 15 Density Classification Minimum Square Feet of 16 Area per Unit 17 R-5 5,000 Sq. ft. R-3 3,375 Sq. ft. 18 R-0 - 1.2 Floor Area Ratio (FAR)* 19 Maximum 20 Medium and High density residential may he designated in areas: 21 i. Which are currently developed at medium and high density, 22 ii. Where there are public services and few development constraints, and; 23 iii. Near arterials or major collector and transit service, and particularly for 24 high density residential, areas in close proximity to commercial areas and/or employment concentrations. 25 26 15 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085) , ,, CO,Al sy•cny Al lob Owego Mo'A'Avenue•P.O.Am AY. Oomoo,Op.pn ATOM cum tlw»PAZ pOh 107410$ 1 Public testimony pointed out that three definitions pertaining to 1) Dwelling Units per 2 Acre on Vacant Buildable Land; 2) Gross Buildable Acre, and 3) Net Buildable Acre were 3 inexplicably deleted from the Goal 10 Chapter. Review of past records indicate that these were 4 deleted at the request of a Planning Commissioner who pointed out that they were not used in 5 6 the Plan text and therefore should not be defined. Subsequent review however, indicated that this .f is the case with two of the definitions. One is still in the Goal 10: Housing, Background text. 8 This definition is "Dwelling Units per Acre on Vacant Buildable Land." Portions of the deleted 9 definitions are used to define this term to provide a clear understanding of what the term means. 10 The definition will be placed in the Goal 10, "Definitions" Section: 11 Dwelling Units per Acre on Vacant Buildable Land: The number of dwelling 12 units allowed on a net buildable acre. A net buildable acre consists of 43,560 13 square feet of residentially designated, buildable land after excluding present and future rights-of-way, hazard areas, public open spaces and restricted 14 resource protection areas. 15 D. Other policies and recommended action measures. 16 There was substantial public comment about several other proposed policies and 17 recommended action measures. Sonic citizens felt that the City Council lessened the intent and 18 strong direction of the Plan by adding the terms, "where possible, where feasible, when and 19 20 where practical, encourage, etc." Some of those who testified felt that this occurred throughout 21 the Plan. A search of the changes proposed by the City Council found no more than seven 22 statements where this new language was proposed. The following commentary identifies these 23 statements and provides additional reasons why the amendments were made. The amendments 24 made by the Council are not changed for the following reasons: 25 26 16 - FINDINGS, CONCLUSIONS & ORDER Page PA-0K-94-1093 (City of Lake Oswego) IPA-08-94-1085I I Jaffrey a corm Gry AUana,•GM 04 tans Onraya $ 'A•Aaar.r•F.O.DcaMI labs Oaoar.Oreenn NOaI MA)CAMS FAX @0.q N7••MM i 1 Goal 6, Section 1: Air Resources Quality, Policy 4 on page 88: 2 4. Increase the opportunity to use alternative transportation as a means to 3 reduce air pollution by: 4 a) Requiring safe and comfortable pedestrian and bicycle pathways as part of all new street construction projects where feasible. 5 6 b) Ensuring new street projects accommodate existing and future transit requirements. 7 c) Requiring the design of new development to he supportive of 8 pedestrian, transit and bicycle users. 9 d) Requiring payment of a system development charge to be applied 10 to the city's pedestrian and bicycle path system. 11 e) Providing appropriate pedestrian and bicycle facilities as part of new park projects. 12 13 f) Maintaining an ongoing program to build and maintain pedestrian and bicycle paths. 14 The above language was added to acknowledge the practical and often political difficulties 15 associated with providing for pedestrian and bicycle pathways. For example, in some areas of 16 17 the community it is not physically possible, because of the limitations of right-of-way width and 18 topography to provide for pedestrian and/or bicycle pathways. Also, in other areas of the 19 community such as in First Addition, along Iron Mountain and River Road, there has been 20 significant citizen opposition to the development of pathways to the extent that none were built. 2 . Goal 8: Parks and Recreation, Policy 8 on pages 121 and 122: 22 8. Develop Parks that: 23 24 a. Are compatible with adjacent land uses by using setbacks and effective buffering and screening to minimize impacts of intensive 25 uses such as traffic, parking, bright lights, and noise; 26 17 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] MINI O.Cana, ph Amro•Crt el lie Oar,Oo 340'A•AMMO•P.O.M 1M.We Oevovvv,0994.4 NON (11)004•01211FM a00/0174014 1 b. Do not generate traffic which exceeds the design capacity of adjacent streets at off peak hours and, where feasible,do 2 not utilize local residential streets to accommodate *cough 3 traffic generated by intensive uses, and; 4 c. Are, where possible, accessible by a variety of transportation modes including transit, bicycling and 5 walking. 6 These changes were made to recognize that traffic management is an important part of 7 the process of park design and management. However, traffic management concerns need to be 8 balanced with the fact that the City's parks are important community wide facilities. The Council 9 10 was concerned that Subsection (b) as originally proposed above might result in opposition to a 11 park facility on the basis that it would generate traffic which would travel through a 12 neighborhood on a local residential street regardless of traffic volume. "Through Traffic" is 13 defined in the adopted Goal 12 Transportation Chapter of the Plan as auto trips which have 14 neither trip end within the neighborhood association boundary. Taken literally, crossing a 15 neighborhood association boundary by car on a local residential street or neighborhood collector 16 17 to access a park facility within the boundary of another neighborhood association would be 18 problematic under the previously proposed language. Further, the adopted Goal 12: 19 Transportation Chapter of the Plan does not prohibit through traffic. This would he impossible 20 to do. Instead Transportation Policy 1 of Section IV: Neighborhood Collectors and Local 21 Residential Streets, states: "The primary function of local residential streets and neighborhood 22 collectors is to serve the circulation and access needs of residents adjacent to and abutting these 23 24 streets. Neighborhood collectors will serve to channel local traffic to the major street system. 25 Through traffic (auto trips which have neither trip end within the neighborhood association 26 18 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 Jenny n Canal Pt,ANansr•My N L e Oimpos no•h•AMINO•P.a.I 000,►w.Gomm,Orman O100a (100)4136•022.1Y(1001 6.174141 • 1 boundary) on these streets shall be discouraged." 2 Goal 11: Section 3: Water Treatment and Deliver, RAM i. on page 165: 3 i. Water storage facilities shall be designed and constructed, where 4 practical, to minimize scale, bulk, and visual impacts on adjacent uses through methods such as setbacks, landscape screening, below grade 5 construction, and use of appropriate colors and materials. 6 The health and safety of Lake Oswego's residents in regard to access to finished water 7 and the ability to provide adequate tire flows was the motivation behind the addition of the 8 words, "where practical." The Council recognized that the City has an obligation to design and 9 10 construct public facilities that are compatible with surrounding land uses. However it is 11 important to balance this with the fact that location of water storage facilities is predicated on 12 factors that are possessed by very few sites and it may not be possible to do below grade 13 construction or completely screen water storage facilities to the satisfaction of all. 14 Goal 11: Section 3: Water Treatment and Deliver, RAM viii. on page 166: 15 viii. Where practical, require property owners to eliminate private ground 16 water wells in Lake Oswego as drinking water sources and require all 17 development served by private wells to connect to the City's water system. 18 This statement was changed because the Council wished to acknowledge that financial 19 hardships would be imposed if certain properties were required in all circumstances to connect 20 to the City's water system. 21 Goal 5, Section 8: Historic Resources, Ram iii on page 82: 22 iii. Pfe:eve-and Encourage the use of publicly owned historic sites and 23 structures for community-wide benefits such as social gatherings,education 24 and recreation, where appropriate. 25 It may not be possible to preserve and use publicly owned historic sites for community 26 19 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 Ja a Coedit Orr Paivesy•nN M LAP 06.601 100'A'Avows-I.O.N 100.trw O•Mw.°mew VS3 (1051 los-orn►Al 010 MAIN 1 wide benefits. Nor. in all instances may it be possible to preserve, in the strict sense of the word, 2 all publicly owned historic sites. It may be necessary for public safety or access to change or 3 modify them. The City of Lake Oswego is subject to the same standards as others, when it 4 comes to preserving historic sites that are under its control. Therefore. City owned sites are 5 6 protected in the same manner as other historic resources arc. 7 Goal 9: Economic Development, RAM xvi. on Page 136: 8 xvi. Encourage agreements among property owners, the City, and adjacent neighborhoods as a means to control business 9 district parking encroachment into adjacent residential areas. 10 City resources should not be obligated in all instances to mediate agreements between the 11 above parties to resolve parking conflicts. The above amended statement indicates the City's 12 13 willingness to be a party to such a process but not to initiate it as a program. Moreover, such 14 a process of negotiation may not result in agreements and the above statement implies the use 15 of staff resources which may not always he available. Furthermore, the City regulates parking 16 both through the municipal code and through conditions of development approval. 17 Goal 10: Housing, RAM i., page 147: 18 i. moire Encourage primary access to a collector or arterial street for R-0, 19 eta R-3, and R-5 developments. • •• . . • - • .. •• . • 20 21 In regard to RAM i. Goal 10: Housing, public testimony focused on the desire to require 22 primary access to a collector or arterial street for R-0 and R-3 developments. 23 The above changes were made by the Council because the previous wording might limit 24 the opportunity for high and medium density housing on appropriate sites. In addition, access 25 26 20 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) (PA-08-94-10851 c.wet CAI A1lwwgr•INV Mur.Oo es MO•A•Avenue•P.O.N SM,LMS OiswoOD.Megan 1?O t1Oe)1114221 PM peat 1114114 1 from arterial and collector streets to these sites might not he safe, thus making access from a 2 lower order street necessary. 3 A governing body cannot prevent access to property from the local street system, if safety 4 and capacity of the street can be maintained pursuant to specific standards. To do so, in order 5 to keep a property from being developed in a manner for which it is zoned could amount to a 6 7 "taking." 8 It is also important to point out that there are policies and recommended action measures 9 in the adopted Goal 12: Transportation chapter of the Plan that state that direct access to major 10 streets shall be controlled, restricted, or subject to specific standards. This was done to recognize 11 that the capacity of the major street system needs to maintained to prevent through traffic from 12 13 going through residential neighborhoods. Unrestrained access decreases the capacity and safety 14 of the major street system. Deleting the Council's amendments in order to make the statement 15 read as originally proposed would he contradictory to already adopted plan statements. 16 There were several other specific policies and recommended action measures addressed 17 by public testimony. The following reviews these "other" suggestions by the public: 18 Introduction: 19 There was specific comment that within the Introduction of the Plan on page 3 that 20 21 reference to the entire text of the Plan and as well as the goals and policies as regulatory could 22 be misleading. Staff concurs with this observation. The Background elements of the Plan are 23 not regulatory. Furthermore, the Plan itself is not regulatory. For example, Plan goals and 24 policies, by Oregon Statute, cannot apply to limited land use decisions. 'i'his must he done 25 26 21 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 Mt*y(1 Condit City Attorney City a L ."wqo 540•A•A54ni ••.O.Om 30,k* or.MOo,O.SUM $7034 (Sm)MOUS FAX(KV 0174544 1 through objective standards and criteria within the City's zoning and development ordinances. 2 Therefore, the following amendments are made: 3 Introduction. Pace 3. 4 There are two parts to the Comprehensive Plan -- the text which includes goals and 5 6 policies and the Comprehensive Plan Maps. -B th The goals, policies and maps t are 7 fegtga:cr,, ;:^4 intended to guide land use decisions. The Comprehensive Plan Land Use Map 8 shows the distribution of existing and future land uses. Other Plan Maps include the 9 Comprehensive Plan Transportation map, Urban Services Boundary Map, Public Facilities Plan, 10 etc. In addition to the Comprehensive Plan Maps, other maps are included in the Plan for 11 informational purposes only ,ry. 12 13 Goal 1: Citizen Involvement: 14 It was recommended that the Citizen Involvement RAMs include reference to computer 15 bulletin hoards. Also the issue was raised about providing notice in locations where people 16 frequent such as post offices and supermarkets. The word, "suggested" was pointed out to be 17 unnecessary. The statement would be more clear if it were removed. It was also recommended 18 that a statement he included that expresses the desirability of having meetings "in proximity of 19 20 the topic of interest." Council concurs with these proposals. The following changes are made 21 pursuant to this testimony: 22 RAM i., page 9: 23 i. Make available copies of all technical information, planning documents, staff reports, through the City Planning Department, the City Library, on 24 a public access computer bulletin board and other locations, as 25 appropriate. 26 22 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] Jw.y a t:owt City*ry•CH,M UM Owego 3 •A•Memo•CO.M 70.late O. ,Ogen 4703 (606)OMA FAX-. W 4$S4 1 RAM vi., page 10: 2 Suggested Ways to give information to the Public: 3 Posting notices about important meetings or events in the newspaper, on 4 public access computer bulletin board, in conspicuous places where people frequent such as supermarkets, post offices, library, City Hall, 5 etc. and at affected properties. 6 - Producing summaries of important documents that are long or complex ... 7 Holding community meetings on topics of current interest in proximity to 8 the topic of interest. . . 9 There was testimony regarding the desire that Goal 1: Public Involvement goals and 10 policies be more regulatory and less suggestive. It was proposed that phrases such as "encourage 11 citizens to participate" and "provide ways for citizens to be involved," he changed so they would 12 incorporate more direct language such as "require ways for citizen involvement, or require certain 13 14 mechanisms he used for citizen involvement, or maintain particular citizen involvement programs. 15 It was stated that the equivocal language in the Goal 1: Citizen Involvement chapter was not 16 consistent with the definitions of goals, policies and recommended action measures in the 17 Introduction of the Plan. 18 Council does not concur with this testimony for the following reasons. Directive policy 19 language in several policies has been used to ensure the City provide for citizen involvement 20 21 opportunities consistent with the requirements of the Statewide Planning Goal. The City has 22 provided for these opportunities but it cannot require a citizen to participate. Furthermore, the 23 specifics of how the Citizen Involvement Program is to he implemented is contained in the 24 "Citizen Involvement Guidelines." This document is quite specific as to how citizen involvement 25 26 23 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) WA-08-94-10851 ) Jaffrey a crosI dM AMMns,-dM al LM Noses X00'A'AMMO•A.a M M.Lift OssnOs,down 07011 (000)13114M FAX 1104 001.0001 1 in the land use process is to occur in Lake Oswego. 2 Goal 2: Land Use Planning 3 Background, page 12 and 13. 4 It was suggested that "Lake Oswego's individual neighborhoods as defined by the relevant 5 neighborhood plans" be added to the background at the end of page 12 and beginning on page 6 7 13. This statement at issue, reads as follows, development shall occur at densities appropriate 8 to the scale and character of Lake Oswego's neighborhoods and shall provide for preservation 9 of open spaces and natural resources." 10 Changes to reflect the above testimony are not necessary for the following reasons. There 11 are many statements throughout the plan referencing adopted and applicable neighborhood plans. 12 The portion of the Goal 2: Background referenced above is dealing with this issue in broad terms. 13 14 Furthermore, not all of the residential areas within Lake Oswego's Urban Services Boundary are 15 represented by Neighborhood Associations which have the authority to develop neighborhood 16 plans nor is it guaranteed that all neighborhood associations will develop neighborhood plans. 17 Policy 26, Page 18: 18 26. Require developers, prior to application for permits, to discuss 19 development proposals with neighborhood groups,residents and City staff. 20 There was public testimony that the wording above should reference "Neighborhood 21 Associations" instead of "residents." This change is not desirable because not all citizens are 22 represented by neighborhood associations. Within the UGB, the City makes an effort to involve 23 those represented by County CPOs, and other jurisdictions. However, the Council desired that 24 25 neighborhood "groups" be emphasized in the policy to recognize the City's efforts to work with 26 24 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) (PA-08-94-10851 r.nR.r a caw, Clip Albney•COv of La.Owego ]N'A'Avenue•P O.ya ON.Lan Ooeeye.doyen •?O3 (I)0360225 PAP A031 10146N 1 organized citizen bodies when possible. 2 Policy 27 (g), page 19: 3 There was testimony that the City should reference the need to provide for summer 4 cooling associated with existing plant materials and appropriate shade trees. This is already 5 addressed in the Goal 13: Energy Chapter, policy 7, page 183, and in the Section 2: Vegetation 6 of the Goal 5 Chapter, policy 6. pages 35 and 36. However, the Council concurs that it is 8 appropriate for language within the Goal 2 Chapter to reference the concept of saving energy by 9 providing shade during the summer months. The policy shall read as follows: 10 27. Require new residential development of four or more units to address all 11 of the following design criteria: 12 a. Preservation of required open space and natural resources; 13 h. Provision of a street system which provides efficient connection to 14 higher order streets and major activity centers; 15 c. Development of transit opportunities appropriate to the scale and character of the development; 16 17 d. Development of a safe and convenient pedestrian and bicycle circulation system; 18 e. Management of surface water and storm drainage consistent with 19 the City's Surface Water Management plan; 20 f. Assurance of privacy and quiet for future residents and abutting 21 properties; 22 g. Energy conservation measures such as energy efficient design and solar access, and the preservation of existing 23 trees and the planting new trees to provide summer • 24 cooling; . . • . 25 26 25 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) (PA-08-94-10851 Menne a coMdt Coo Meow-dp or Lim Owego MO•M•Moor.•r O.I..00.L.Y.0.w10.*onion 17034 750)swans FAX(003)$17.ON 1 Goal 5. Section 2: Vegetation 2 Policy 5, page 35: 3 5. Ensure vegetation is maintained, protected and restored through: 4 a. Regulation of tree removal; 5 d sd-lets. 6 h. Conditions of development approval. 7 c. Monitoring of development to ensure compliance with the 8 City's regulations and conditions of development approval, and; 9 10 d. Enforcement of regulations. 11 There was testimony that stressed the need to maintain the original language of the policy 12 which regulated tree removal on both developed and undeveloped lots. The Council desired 13 reference to regulating tree removal on developed and undeveloped lots he removed because the 14 City's regulations were the appropriate vehicle to address where tree removal should he regulated. 15 This language does not prevent regulating tree removal on individual developed lots. To this 16 17 end they directed that the policy be consistent with the proposed Tree Code as recommended by 18 the NRAB which establishes Type i and Type II tree cutting permits. The Council will receive 19 a report from staff as to ways to further protect trees, including trees on developed lots in the 20 near future. Council will provide staff direction at that time as to future tree protection efforts. 21 In the interim, Staff and the NRAB will he working to establish ongoing efforts such a voluntary 22 "heritage tree program" to broaden tree preservation in Lake Oswego. The policy shall remain 23 24 as amended by Council. 25 26 26 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) (PA-08-94-1085( alftey a Cana. Ga Allvn.y.GM of LM.Ow.w 3 •A•AMINO•P.O.pas Se tole O..q.,Q.pen 07031 (%001 MOM P Alt(004 407.0014 1 Policy 6, page 35: 2 It was commented that wildlife habitat, including water, shelter and food should be added 3 to this policy as a function of vegetation. The issues of vegetation providing wildlife habitat are 4 adequately addressed in Goal 5, Section 1: Wildlife habitat. For these reasons, no amendments 5 are to be made in this regard. 6 Goal 6: Section 1, Air Resources Oualitv 8 RAM i, page 89: 9 There was comment that a last sentence should be added to this statement which stated 10 that landscaping should occur in manner which conserves resources. There arc statements already 11 in the plan in this regard, particularly RAM iii, Goal 5, Vegetation, page 37, RAM vi, Goal 8: 12 Parks and Recreation, page 123. For these reasons, no amendments are to be made in this 13 14 regard. 15 Goal 9. Economic Develonment 16 Policy 7, Page 132: 17 7 . . . . , 18 19 Ensure access to commercial and industrial development is taken from the major collector or arterial street system except 20 when public safety requires access to be provided from other 21 streets. 22 There was testimony which stated that the policy proposed by LOCPi1C w:+s stronger and 23 should be retained. The reasons for amending the policy were that the Council and City Attorney 24 felt that it was important to take into account situations where access cannot be safely provided 25 26 27 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] .Mhey a conal City Allunq•COI el L .Oetepo 390•A'Avenue•P.O.Sot 340,lobo 046666 aspen 97034 (990)903-0031 FAX 91019 4974564 1 from the major collector or arterial street system. Also the same reasons that high and medium 2 density residential development should not be limited to access from arterial or collector streets, 3 as outlined above, apply in this situation. 4 For these reasons, no changes are made to this policy 5 Policy 15, page 133: 6 15. Require all permanent commercial and manufacturing operations, 7 including warehousing and storage to be conducted either within enclosed 8 buildings or screened from public view. 9 Thee was concern expressed that the word permanent would allow semi-permanent uses 10 to be conducted over a long period of time to the detriment of surrounding land uses. The intent li of the Council in modifying this policy was not to prevent temporary uses such as sales events. 12 Temporary uses are described in LOC 48.20.510 as . . ."sales, promotional, or educational events 13 14 not to exceed two consecutive weeks and a total of 14 days in ony six month period or seasonal 15 retail sales." In order to make the Council's intent more clear in this regard, and to address the 16 public testimony, the above statement is amended to read: 17 15. Require all pernienent commercial and manufacturing operations, except 18 those approved as a temporary use, including warehousing and storage to be conducted either within enclosed buildings or screened from public 19 view. 20 Policies 17 and 22, page 133: 21 Public testimony questioned why the Council used the Metro 2040 Land Use Concept as 22 its decision to combine these policies. It was requested that the difference between a Town 23 Center and Main Street be explained. For these reasons, public testimony proposed that policies 24 25 17 and 22 be replaced as they were originally proposed by the LOCPRC. The policy as proposed 26 28 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 .ww.y a case dM Awoo..y•dry N tale Os.... NO•A'Armee•Pa M SOL Lois Owego.Meese S?035 I )0$0175 FAX(EONS 80745S4 1 by the City Council eliminates redundant language. In addition the changed language provides 2 the impression that the West End and Downtown Business District are deserving of equal 3 consideration in future planning and redevelopment efforts. The Downtown Business District is 4 identified as a "Town Center" by the Metro 2040 Land Use Concept. A Town Center would 5 serve a local market area with a population in the tens of thousands with retail, entertainment and 6 7 professional services,as it is hoped that a redeveloped Lake Oswego Downtown Business District 8 will do in the future. A Town Center is characterized by compact development, regular transit 9 services and a high level of pedestrian and transit services. The average density would be about 10 40 persons per acre similar to the current densities along Hawthorne Boulevard in Portland or 11 in downtown Hillsboro. This would provide the opportunity for more of Lake Oswego's regional 12 housing density share as established by state mandated Metro Housing Rule to be in the 13 14 downtown. Compact mixed use commercial/residential development is a characteristic of town 15 centers. 16 The Lake Grove Business District, along Boones Ferry is identified on the Metro Land 17 Use Concept as a "Main Street." Main Streets are envisioned to serve neighborhoods with 18 commercial and professional goods and services and to also develop a regional market 19 specialization that draws people from one part of the region to another. Main Streets have a 20 21 strong transit orientation and are anywhere from one-half to one block deep. It is expected that 22 Main Streets will occur as a result of redevelopment or planned unit development processes. 23 Mixed use would he allowed and there would be a high level of pedestrian and hike amenities. 24 Average density would be similar to that of a "Town Center." 25 26 29 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [1'A-08-94-10851 Joanna canal op AlMnwp•Ott d take Owps PM'A'MOMS•P.O.k Mk loft Own.%On-ew 01034 (000)07.00!! PAX Mil OO/NU 41 1 For the above reasons, no changes are to be made to the policy as developed by the 2 Council. However, the Council did emphasize that reference in the Plan to the downtown as a 3 town center should make it clear that the includes the "Downtown Business or Commercial 4 District" and not the surrounding single family residential neighborhoods such as First Addition 5 6 and Evergreen Neighborhoods. 7 Policy 23, page 134: 8 23. Ensure that urban design and beautification projects in the Downtown Business District do not force through traffic to utilize ottitteein local 9 streets. 10 It was recommended by public testimony to delete the word "adjacent", because through 11 traffic may be forced away from those streets that are immediately, "adjacent" and onto local 12 13 residential streets further away. The City Council concurs with the recommendation, which is 14 illustrated above. 15 Page 136, RAM xiv: 16 xiv. Work with Tri-Met, Metro and other responsible agencies. to develop it rail 17 and bus transit image service between+he Downtown Portland,and-the and Lake Oswego. ` • • • • • -• • - . = • .. • •, 18 , L' 19 Testimony indicated that the LOCPRC's original intent was skewed by the Council's 20 21 changes. The Committee wished to focus on "intra-city' bus transit and not include other 22 regional commercial centers such as Tualatin. The above statement is amended to add the word 23 "Bus" and to delete specific reference to where bus and rail service will he provided. The 24 amended statement recognizes the need to provide alternative modes of transportation but does 25 26 30 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego} [PA-08-94-10851 Ming n Condit CO3 Ane.n.,-Cite of Lr.044•.03 740•A'Avows•I.O.044 304 I.Y.0t4.04,0.004. 47434 001103$1071 PAX 0011 44t-4104 I 4 1 is not so specific as to preclude future options as to how this will happen. The amended RAM 2 addresses both the direction provided by the Council and that of public testimony. Lake 3 Oswego's commercial areas are already linked by transit with other commercial centers in the 4 region. This statement recognizes this fact and includes the future possibility of rail. Further, 5 the statement is supportive of the regional goal of reducing automobile travel and improving air 6 7 quality. 8 The Regional Transportation Plan which was adopted in 1989 identities the Willamette 9 Shore Trolley and the railroad line from Lake Oswego to Tualatin as a potential High Capacity 10 Transit (HCT) line. HCT lines are existing or proposed light rail alignments or existing rail lines 11 which have the potential for accommodating commuter trains. The HCT lines are intended to 12 connect centers of population and employment so that there will be less reliance on the 13 14 automobile, with its consequent benefits. 15 The above statement is a Recommended Action Measure which does not have the binding 16 obligations of a policy. However, it does indicated a course of action that the City intends to 17 pursue, if possible, in coordination with the region. Before a commuter rail line could be 18 implemented, considerable analysis and evaluation must be undertaken. The adopted 2040 19 Concept does include the potential for a Lake Oswego/Tualatin HCT. 20 21 There arc also statements within the adopted Transportation Chapter of Comprehensive 22 Plan which reference the need to provide transit opportunities as an alternative to intra-city 23 automobile travel, and to provide appropriately located park and ride facilities. 24 These existing Plan statements are consistent with the proposed RAM as amended. 25 26 31 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085) Joao.n condi CIM Annrnry•Oft w 1.4•Os*.p. 1H Y'Mw•P.O.M 116.lobo 0/milk a.p.n *mu (100)Os-0211 f U 110.p 6174661 1 1 For the above reasons, the above RAM shall not be changed. 2 RAM xii, page 136: 3 it was proposed that this statement be amended to establish a long range planning 4 5 program for each commercial district. Staff does not recommend this change. The existing 6 statement which encourages the development of specific area plans for the commercial and 7 industrial districts is more appropriate. A program implies ongoing activity. in so much as the 8 City's Planning program would implement these area plans, a program already exists. 9 For these reasons, the RAM will not be amended. 10 Goal 10: Housine 11 12 RAM vii, page 147: 13 Testimony expressed the concern that this statement should refer to new development. 14 This was the original intent of the RAM. Council concurs with these recommendation and 15 changes the statement as follows: 16 vii. Preserve natural features, avoid hazard areas and reduce development costs 17 by allowing new development to: 18 a. Clustering o€ units; 19 b. Utilize flexible lot sizes; 20 c. Construct a variety of housing types and; 21 d. Transfer density to more suitable areas of a site. 22 23 RAM xii, Page 148: 24 There was concern expressed that requiring walkways may not be appropriate in all 25 circumstances, especially in developed neighborhoods. Council concurs with the 26 32 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) IPA-08-94-l0851Offiv a Condit GN AOuner•Clh W Li•Owwao 21/0'A'Avows•P.O.N Mt Li•Naas"Ors 47034 ONO)06-012$FAX(10.0 417464 1 recommendation. The RAM is to read as follows: 2 xii. Promote the planting and maintenance of street trees and other landscaping 3 in residential areas and require walkways, where appropriate, to provide for pedestrian comfort and safety. 4 RAM xiv, page 148: 5 6 There was comment that the definitions of "accessory building" and "accessory dwelling 7 unit" did not fit the context of the RAM. Review of the definitions and the RAM indicate this 8 to he true. 9 Council concurs with these recommendations. The RAM is to read as follows: 10 xiv. Allow secondary (accessory) dwelling units, , 11 , to provide opportunities for affordable rental units, offset housing costs for the primary unit or act as transitional housing 12 without changing the character and quality of single family areas. 13 With the above change it is not necessary to provide a definition of "accessory building." 14 This definition is deleted. A definition of secondary (accessory)dwelling will remain in the Plan 15 and shall read as follows: 16 17 Secondary (accessory) Dwelling_ A dwelling unit that has been created within, by means of addition to, or as an accessory structure to a single 18 family dwelling; with separate parking, kitchen and bathing facilities." 19 RAM xvi., page 148: 20 It was stated that it might not he reasonable to provide density bonuses for special use 21 housing throughout the community. , Council concurs with the recommendation. The statement 22 is to read as follows: 23 24 xvi. Cooperate with the Clackamas County Housing Authority in locating sites suitable for special use housing. Provide density bonuses, where and 25 when appropriate, to encourage special use housing. 26 33 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 Jaffrey O.Canal CII,trlsnop•at,ef Lib Oowpo •t•Aw,r•P.O.M MO,UM Oowp.Oregon 17034 0101 Q!-022!FAX(1101 N/i!N U 1 Goal 13: Energy 2 Policy 8, page 183: 3 It was stated that more energy would be conserved by reducing air conditioning loads than 4 through solar water heaters. As illustrated above, there are several statements in the plan that 5 6 reference both shading and solar heating as means to conserve energy. For these reasons this ? policy is not changed. 8 General Statement pertaining to the Need to address the issues of pathways and natural resources. 9 particularly the Tryon Creek Bluff. in the First Addition Neighborhood: 10 A First Addition resident stated that these are issues important to the Neighborhood, 11 particularly how higher density could affect the Tryon Creek Bluff. It is recommended that the 12 13 Neighborhood address these matters within the FAN Neighborhood Plan. These matters are too 14 specific to addressed through the general policy language of the City's Comprehensive Plan. It 15 was acknowledged that the issue of constructing pathways within a developed neighborhood is 16 a matter of citizen preference and the availability of appropriate right-of-way. 17 General Comment Regarding System Development Charges: 18 There -was general comment that reference to System Development Charges (SDCs) for 19 20 City services should take into account library, school and senior services in addition to sewer, 21 water, roads, storm drainage and parks. 22 While the Council might desire to add SDC charge for these important public, facilities 23 impacted by growth, the SDC enabling statute does not provide for system development charges 24 to he collected for these services. 25 26 34 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-10851 allay y O.Condit OW Altana•cm M talc owes 312'A•Aanua•I.O.Sas N1,We Owap.O,Ppen 17024 Oaf 111028 FAX WM 0104144 a 1 General Comment Regarding Neighborhood Plans: 2 Public testimony indicated that the phrase "adopted and applicable" did not appropriately 3 precede reference to neighborhood plans. Council concurs with this observation. All or part of 4 the phrase "adopted and applicable" will apply to the following plan policies and recommended 5 action measures: 6 7 Goal 2: Land Use Planning, Policy 4, Page 15: 8 4. Require land use regulations to: 9 a. Ensure the provision of park and open space lands, and 10 protection of natural resources; 11 h. Promote compatibility between development and existing and desired neighborhood character; 12 13 c. Provide for the implementation of adopted neighborhood plans; 14 d. Provide for necessary public facilities and services; 15 e. Protect life and property from natural hazards; 16 f. Ensure architectural and site design quality, and; 17 g. Reduce dependency on the automobile on a per-capita basis. 18 Goal 2: Land Use Planning, Policy 14, Page 17: 19 14. Ensure that amendments to the Comprehensive Plan and Zoning Map are 20 subject to specific locational criteria and other standards, including: 21 a. Location in relation to arterial or collector streets ; 22 b. Capacity of public facilities and services; 23 24 c. Consistency with adjacent land use patterns or ability to buffer, screen, and blend dissimilar land uses; 25 26 35 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] J .y O.Condit Clay tansy.Gtr M Lae 110'A'AMMO-P.O.Os 2M,LNC OMNp.Orpsw •? $ pot)63130121 r AX 01030 6014664 1 d. Conformance with Comprehensive Plan goals and policies, applicable and adopted neighborhood plans and applicable land 2 use regulations; 3 e. Effect on overall land supply, and the Metro Housing Rule (OAR 660-07-000); 4 f. Demonstration of public need for the change and that the proposed amendment will best meet identified public need versus other 5 available alternatives, and; g. Other criteria determined necessary to ensure conformance with the 6 Comprehensive Plan. 7 Goal 2: Land Use Planning, RAM x. Page 20: 8 x. Evaluate the following concurrent with each periodic review or major 9 revision of the Plan: 10 a. Consistency among the Plan, implementing City regulations, 11 adopted neighborhood plans, state and federal law and administrative rules, and Metro requirements; 12 b. Past and ongoing City actions to determine if the intent of 13 the Plan is being achieved, and; 14 c. Reliability and timeliness of Plan information. 15 Goal 9: Economic Development, Policy 2, page 131: 16 17 2. Maintain the boundaries of existing commercial and industrial areas which border residential neighborhoods existing at the time of this policy's 18 adoption,except where adopted and applicable Neighborhood Plans allow consideration of zone and plan amendments to commercial or industrial 19 designations based on: 20 a. Locational criteria and design and development standards to ensure 21 compatibility with desired neighborhood character, and; 22 b. Consistency with Comprehensive Plan goals and policies. 23 Goal 9: Economic Development, Policy 9, page 131: 24 9 Ensure neighborhood commercial areas are: 25 26 36 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) 1PA-08-94-10851 JoIftey a conal Gly A.un.y•Gly of lin Owego $00.A.Atony.•P.O.M$00.We Ow e's.OnOe. $7011 00311135022$ PDX A01)$014001 1 a. Conveniently located and minimize the need for automobile travel. 2 h. Developed at a scale and in character with the area to be served 3 and; 4 c. Consistent with applicable and adopted Neighborhood Plans. 5 General Comment Alleging Text Changes in the Goal 10: Housing Charter without Annotation Between the Planning Commission Draft, August 15, 1994 and the Planning Commission's 6 Recommended Draft: One person alleged that text that had been created by the LOCPRC which was originally 8 in the Goal 10: Housing Chapter of the Plan had been reworded and moved to the Goal 2: Land 9 10 Use Planning Chapter without an explanation and that the Council should consider some of the 11 previous language. 12 This action was taken by the LOCPRC even before it reached the Planning Commission. 13 This policies in question were discussed by the LOCPRC during January through March, 1994. 14 The LOCPRC replaced the following language with the now existing Goal 2: Land Use Planning 15 Policy 5 which follows. The old policy language was left in the August 15, 1994 Plan Draft as 16 17 a "flag" to prompt staff to explain the reasoning behind the change to the Planning Commission. 18 It was not in the version of the amended Plan, "Attachment A -- PA-08-94-1085" on which the 19 City held the November 22, and December 13, 1994 public hearing. 20 Old Goal 10: Housing Policy Language which was changed to Goal 2: Land Use 21 Planning, Policy 5 by the LOCPRC: 22 Substantially developed single family residential neighborhoods will he maintained 23 at existing density designations. Individual Neighborhood Plans may designate areas where, based on density locational criteria, additional R-3 or R-0 24 development is deemed appropriate, and may develop design and development 25 standards to ensure compatibility with neighborhood character. No Comprehensive 26 37 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) (PA-08-94-10851 Js hp a Condi City Attorney•City of Lr.Owps MO•A•Avenue•P.O.Saw 311,LOA O.wp,OrA1w 171y (111)01.1321 FAX(110.1111117•4111111 Plan Map amendments to R-0 and R-3 will be allowed until a Neighborhood Plan for an area has been completed. Goal 2: Land Use Planning Policy 5 which the LOCPRC used to replace the above language and which was recommended to the City Council by the Planning Commission. 5. Maintain residential neighborhoods at existing zone and plan density designations, except where: a. Changes to higher residential density designations are necessary to be consistent with development on the subject property at the time of this policy's adoption, or; b. In areas where applicable and adopted neighborhood plans allow consideration of zone and plan amendments to higher density designations based on: i. Locational criteria and design and development standards to ensure compatibility with existing and desired neighborhood character, and; ii. Consistency with Comprehensive Plan goals and policies. For the above reasons, no changes will be made. ORDER IT IS ORDERED by the City Council of the City of Lake Oswego that PA-08-94-1093 is hereby approved as follows: A. New and revised Comprehensive Plan text per Attachment "A" of PA-08-94-1085 "Revised and Updated Lake Oswego Comprehensive Plan Text" is hereby adopted, as amended per the above conclusions and findings: B. Pages i. through 180 of the current Lake Oswego Comprehensive Plan are hereby repealed,except for the following Comprehensive Plan Maps, Informational Maps and text: 38 - FINDINGS, CONCLUSIONS & ORDER PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] 1. Comprehensive Plan Maps: a. Distinctive Natural Areas Map and related list on pages 34 and 35; b. Potential for Landslide Hazard, page 39; c. Potential for Weak Foundation Soils, page 43; d. Lake Oswego Hydrology Map, page 52; 2. Informational Maps: a. East End Commercial District, page 101 b. Grimms Corner Neighborhood Commercial, page 105a c. Rosewood Neighborhood Commercial District, page 107 d. West End/Lake Grove Commercial Districts, pages 101 and 108 respectively. e. Highway Commercial -- I-5/NE Kruse Commercial District, page 114 f. Highway Commercial -- I-5/Bangy Commercial District, page 115 g. Lake Grove Industrial Park District, and; h. Willamette River Industrial District, pages 122 and 123. 3. Old Town Design District Policies on pages 87 through 91a, and Marylhurst Policies and Land Use Map on pages 181 through 187. C. Staff shall prepare a new Comprehensive Plan document pursuant to this Order. This Order was presented to and adopted by the City Council of the City of Lake Oswego. DATED this day of , 1994. 39 - FINDINGS, CONCLUSIONS & ORDER PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] 1 2 3 Alice L. Schlenker, Mayor 4 5 ATTEST: 6 Kristi Hitchcock, City Recorder 7 8 AYES: 9 10 NOES: 11 ABSTAIN: 12 ABSENT: 13 14 \WP51U'AUR1093.1,1'() 15 16 17 18 19 20 21 22 23 24 25 26 40 - FINDINGS, CONCLUSIONS & ORDER Page PA-08-94-1093 (City of Lake Oswego) [PA-08-94-1085] .r O.Candi City Warm,•City a L .Oswego MO•A•AVM.•►A.U.30.1.1.O.wp,Orette6 S?ON (000(0044424 PAA(3O4 4014464 NOTICE OF DECISION OF THE CITY COUNCIL TO: ALL INTERESTED PARTIES FROM: KRI CHCOCK DATE: December 22, 1994 SUBJECT: Findings, Conclusions& Order, PA 08-94-1093 Approval of an application to repeal portions of the existing Comprehensive Plan text and to adopt a new and revised Plan APPLICANT: City of Lake Oswego LOCATION: Citywide The Lake Oswego City Council adopted the order including the City Council decision on PA 08-94- 1093 at their December 20, 1994 meeting. The order was signed by the Mayor, and reflects the decision of the City Council of the City of Lake Oswego. The Order is the official action of the City Council, and is enclosed for your files. Please note that the Comprehensive Plan text, Exhibit A, is not attached to your order. If you wish to purchase a copy, contact Ron Bunch, 635-0290. They will be available to purchase in the Finance Department early in 1995. The Order is final unless appealed to the Land Use Board of Appeals within 21 (lays from the date signed. . If you have any questions, please call the Land Use Board of Appeals, 1-373-1265. The address is: Land Use Board of Appeals State Library Building Room 306 250 Winter Street Northeast Salem, Oregon 97310 Kristi Hitchcock, City Recorder forms\noticos\landuse\tr-fco.doc ADDRESSES-FINAL ORDER ROBERT SIMONS GAY GRAHAM COMP PLAN 08-94-1093- DEC 23, 880 LAKE FORSTEST DRIVE 29160 WEMBLY PARK ROAD 1994 LAKE OSWEGO, OR 97034 LAKE OSWEGO, OR 97035 CHRISTINE ROTH HENRY GERMOND RON HANSON LAKE OSWEGO NA COALITION 224 IRON MT. BLVD. 2960 WEMBLY PARK ROAD 18951 INDIAN SPRINGS ROAD LAKE OSWEGO,OR 97034 LAKE OSWEGO,OR 97035 LAKE OSWEGO, OR 97035 DOROTHY ATWOOD KARL ROHDE MARION O"CONNOR NATURAL RESOURCES ADV. 654 RIDGEWAY ROAD 1954 EGAN WAY BRD. LAKE OSWEGO,OR 97034 LAKE OSWEGO, OR 97034 16355 WHITE OAKS DRIVE LAKE OSWEGO,OR 97035 RON PETERSON MERYL HABER ANNE DAVIS FIRST ADDITION NA FOREST HIGHLANDS NA 1281 ALTO PARK 890 F AVENUE 705 SW COUNTRY CLUB ROAD LAKE OSWEGO, OR 97034 LAKE OSWEGO, OR 97035 LAKE OSWEGO, OR 97034 JOEL JOHNSON JIM CLUNE RON BUNCH, SENIOR PLANNER BLUE HERON NA 13020 KNAUS ROAD LAKE OSWEGO PLANNING 16334 MAPLE CIRCLE LAKE OSWEGO,OR 97034 DEPT. LAKE OSWEGO, OR 97034 LORIE JAMES,ACTION CHAIR THOMAS H. LOWREY LAND USE BOARD OF APPEALS LEAGUE OF WOMEN VOTERS 54040 DOUGLAS WAY STATE LIBRARY BUILDING 3335 SW CHILDS ROAD LAKE OSWEGO, OR 97035 ROOM 306 LAKE OSWEGO, OR 97034 250 WINTER STREET NE SALEM,OR 97310 MATT AND SHERRY FINNIGAN, JOHN W. LUNDEEN k:KitIS79\LETTERS\AI)mom2.DOC NEIGHBORHOOD TRAFFIC ADV 4040 DOUGLAS WAY BOARD LAKE OSWEGO,OR 97035 3700 UPPER DRIVE LAKE OSWEGO, OR 97035 ROGER AND PATT THOMAS DAVE AND MARY PEASLEE 2115 RIDGEPOINTE 13131 KNAUS ROAD LAKE OSWEGO, OR 97034 LAKE OSWEGO, OR 97034 KAREN INGELLS RUTH PENNINGTON FOREST HIGHLANDS NA SPRINGBROOK PARK ASSN OF 12831 SW ALTO PARK ROAD NEIGHBORS LAKE OSWEGO, OR 97034 2121 WEMBLEY PARK ROAD LAKE OSWEGO, OR 97034 KRISTIN McGREEVY MARY NEELY COMM. FOR CIT INVOLVEMENT 3240 UPPER DRIVE 1425 B TAYLORS FERRY ROAD LAKE OSWEGO,OR 97035 PORTLAND, OR 97219 CITY OF LAKE OSWEGO LETTERS RECEIVED CONCERNING COMPREHENSIVE PLAN HEARING DECEMBER 2, 1994, 5:00 P.M. DATE RECEIVED NAME ADDRESS November 23 Meryl Haber Chair,Forest Highlands Neighborhood Assn November 28 Patricia Thomas 2115 SW Ridge Pointe Drive, Lake Oswego, 97034 November 29 Jim Clune 13020 Knaus Road, Lake Oswego, 97034 December 1 Thomas H. Lowrey 4040 Douglas Way, Lake Oswego,97035 December 2 John W. Lundeen 4040 Douglas Way, Lake Oswego,97035 December 2 Mary Neely Member, LOCPRC December 2 Dave and Mary Peaslee 13131 Knaus Road, Lake Oswego with Petition signed by 22 citizens December 2 Christine K. Roth 18951 Indian Springs Road, Lake Oswego, 97035 December 2 Ron Peterson n/a December 2 Ruth Pennington 2121 Wembley Park Road, Lake Oswego, 97034 December 2 Lorie James Action Chair, League of Women Voters West Clackamas County, P. O. Box 411, Lake Oswego,97034 Corrected list 12/8/94 A:\RR I-'TI\MEM:`:\CDHDEc h.D0,' III - D - la CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20. 1994 SUBJECT: Second Reading by Title Only and Enactment 2110, a general ordinance of the City Council of the City of Lake Oswego amending LOC Chapter 32 (Traffic Code) to prohibit the storage of motor homes, trailers, boats or campers on public rights-of-way. ISSUE: Should the City Council adopt Ordinance 2110? OPTIONS: 1. Adopt Ordinance. 2. Do not adopt Ordinance. 3 Continue consideration. RECOMMENDATION: Option #1 DEPARTMENT OF ORIGIN: City Attorney FISCAL IMPACT: N/A NOTICED (Date)11/24/94 EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ CONSIDERATION: 12/6/94 BUDGETED? N/A ACCOUNT Would the adoption or implementation fulfill an identified City Council goal, past or present: N/A Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? No Ordinance 2110 k:\kristi\forms\ch-ord • 71 AM ORDINANCE NO. 2110 A GENERAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 32 (TRAFFIC CODE) TO PROHIBIT THE STORAGE OF MOTOR HOMES, TRAILERS, BOATS OR CAMPERS ON PUBLIC RIGHTS-OF-WAY The City of Lake Oswego ordains as follows : Section 1 : LOC 32 . 06 . 076 shall be amended by deleting the text shown by et::i'.:c cut and adding the new text shown in redline as follows : 32 .06 . 076 . Storing Motor Vehicles or Personal Property on Highways. 1 . No person shall store, or permit to be stored, a motor vehicle on a highway or other public property control led by City in excess of 72 hours without permission of the City Manager or his designee . Failure to move a motor vehicle for 72 hour:; constitutes prima facie evidence of storage . 2 . Vc porcon cho'_'_ c`-o_ or ^ _ r o by ctorcd, recreational vchicico which arc n : c_ _.. _t.= peraonal pioperty on a highway or other public pr3perty controlled by City in `..Cc33 of 24 hourc without written permi,,oic.. of the City Manager t'o±line—to MCVC cuch p.:operty for 24 YS�\Yi 3 c:on.Yt-itutov p..i.1 ?— a io 3f Truck. trailer, bus, camper, motor home. recreational vehicle and boat restrictions. a . No person shall at any time park or leave standing a house trailer, motor bus, motor truck, truck tractor , motor home, boat, vehicle with camper, recreational vehicle or trailer, whether attended or unattended, on any improved public highway, public street or other public way within the city limits, for a period greater than thirty minutes, between the hours of one minute past twelve a .m. and six a.m. b. A recreational vehicle, house trailer or motor home may be parked on a public street longer than the period allowed in Section 32 . 06 . 076 (2) (a) if : i . It is owned by the resident or guest of the resident of the property in front of which it is parked; ii . It is parked on the public street adjacent to the lot of the resident ; and iii . It is parked on the public street no longer than ten days in any calendar year. Failure to move a motor vehicle for ten days constitutes prima facie evidence of violation of this section. c. Such vehicle must be parked in a manner which does not interfere with traffic or create a hazard by obstructing the view of drivers . d. Tractor Trailer, Truck Trailer . No person shall at any time park a tractor trailer or truck trailer unattended on any improved public highway, public street or other public way within the city limits . Ordinance No . 2110 Page 1 of 2 • '�' 3 3 . Failure to move a motor vehicle or other personal property regulated by this section after expiration of any of the time periods set forth in subsections 1 and 2 of this section constitutes prima facie evidence of violation of this section. For purposes of thio section subsection 1 of this section, "move" is defined as transporting the motor vehicle or personal property a distance of one city block or 200 feet, whichever is less . For the purposes of subsection 2 of this section, "move" means transporting the recreational vehicle, house trailer or motor home off of the City' s public streets and public rights-of-way. (Ord. No . 1975, Sec . 15; 09-20-88 . Ord. No. 2024, Sec . 2 ; 03-05-91 . ) Section 2 . 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 of the City of Lake Oswego held on 6th day of December , 1994 . AYES : MAYOR SCHLENKER, CHRISMAN, KLAMMER, HOLSTEIN, ANDERSON NOES : NONE ABSTAIN: NONE EXCUSED: PUSKAS 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: ATTEST: Kristi Hitchcock, City Recorder A`PP'S' - " . /4;gty f re to neyndit tor (2110 ] Ordinance No. 2110 Page 2 of 2 '4 III - D - lb CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: Second Reading by Title Only and Enactment 2111, a general ordinance of the City Council of the City of Lake Oswego amending LOC Chapter 32 (Morals and Conduct) to delete the registration requirements from the solicitation section. ISSUE: Should the City Council adopt Ordinance 2111? OPTIONS: 1. Adopt Ordinance. 2. Do not adopt Ordinance. 3 Continue consideration. RECOMMENDATION: Option #1 DEPARTMENT OF ORIGIN: City Attorney FISCAL IMPACT: N/A NOTICED (Date)11/24/94 EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ CONSIDERATION: 12/6/94 BUDGETED? N/A ACCOUNT Would the adoption or implementation fulfill an identified City Council goal, past or present: N/A Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? No Ordinance 2111 k:\kri s ti\forms\ch-c Mrd t.I' J ORDINANCE NO. 2111 A GENERAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 34 (MORALS AND CONDUCT) TO DELETE THE REGISTRATION REQUIREMENTS FROM THE SOLICITATION SECTION The City of Lake Oswego ordains as follows : Section 1 : LOC 34 . 16 . 915 through 34 . 16 . 950 shall be amended by deleting the text shown by strike aut. and adding the new text shown in redline as follows : 34 . 16 . 915. Prohibited Acts, Penalties. 1 . It is unlawful for any person to: A. Solicit before 9 : 00 a .m. or after 9 : 00 p .m. when the local time is daylight savings time or after 8 : 00 p .m. when the local time is standard time, without the consent of the occupant to do so . B. Solicit without fir3t having attaincd u .,.giatration certificate purauart to LOC 34 . 16. 935, if required by Hhot 3ect - C• Vialatc the term.; 3f a rogiotration rcrtificatc i33ucd Nur3uant to LOC 34 . 16 . 935 . D. solicit after ��' . 6ceir e►er�:cd, pur3uant to LOC 34 . 1C. 935 . Allow, suffer or permit any person soliciting on their behalf or under their direction to commit any act prohibited by this section . r falacar---frau:lulent nfarmation on a rcgi3tration 3tatcmcnt . FrC. Leave written materials upon real property where a sign conforming to the requirements of LOC 34 . 16 . 945 is posted . H--D. Solicit upon real property where a sign conforming to the requirements of LOC 34 . 16 . 945 is posted. I -13w, auffcr ar .-k.-any pe Son to aalicit on their behalf after a rcgi3trati3n acrtificat` :aa 11-cvoked, pttrcua nt to LOC 34 . 16 . 935 . 2 . Violation of (1 ) (A) , (B) , or (C) , (D) , (E) , (T ana (C) of this section is punishable as a civil infraction . 3 . Violation of ( 1 )-(-H+(D) of this section is punishable as a criminal trespass in the second degree, pursuant to LOC 34 . 02 . 035 ( 10) . 4 . Violation :,f (1 ; ; I ) thip��tia.. ia a Cla33 C acc T_,OC 34 . 02 . 059 . (Ord. 1954 , Sec . 2 ; 12-1-87 . ) 34 .16 . 920 . Consent to Enter Onto Real Property, Exemptions. 1 . It shall be an affirmative defense to an alleged violation of LOC 34 . 16 . 915 ( 1 ) (A) , (C) (C) or -EH-HD) that the person charged with the violation or crime had received actual or constrictive consent of the occupant prior to entering the real property . Constructive consent to enter real property may be Ordinance No. 2111 Page 1 77 implied from the circumstances of each instance, the relationship of the parties and actual or implied contractual relationships . 2 . The occupant of real property shall be considered to have given constructive consent to enter real property for the purpose of solicitation between the hours of 9 a .m. and 9 p .m. , when the local time is daylight savings time or between 9 : 00 a .m. and 8 : 00 p.m. , when the local time is standard time, if they have not posted a "No Solicitation" sign, pursuant to LOC 34 . 16 . 945 . 3 . Nothing in this section shall be construed to authorize the entry into a structure located on real property . The right to enter any structure must be otherwise provided for by law. 4 . Officers, employees or agents of a governmental entity while performing activities within the scope of their office, employment or agency are exempt from the requirement., of LOC 34 . 16 . 910 - 34 . 16 . 950 . 5 . No person may be charged with a violation of any subsection of LOC 34 . 16 . 915 (1) or LOC 34 . 02 . 059 in connection with an act committed between 4 : 00 p.m. and 9 : 00 p.m. on each October 31st . (Ord. No. 1954, Sec . 2 ; 12-1-87 . Ord. No. 1958, Sec . 1 ; 2-2-88 . ) 34 .16 . 925 . Repealed.R'eg#'et-ret en--D a emen . ... . All AperJOn3 doziri.:; to ;,elicit at f iv-6 t 5) or more ;.: ito in thc City during any eight (C. hour pol,iod ahall 4471c with tho City Managor a rcgi3tratian otatcmcnt , 3n forma proiriciccl thc icy ria:. .y`�' �ar}taininy thc folio�ving Yni`ormation: A. The ,lame rcgiote:- ; a.id d&iring-to :;hethcr t1-,c -ii-= ' a.�-y.i•� i „y 1:,5 u YYatU_ol per3on, pla-rtncr.sfl:ip, e rp. T :; - - - -- --� i 1 rxa�u. .i _-ioa:- b - __ i,,. •, thc yin��� .,,. ,:��i daftee erellArcaa and t3l:.N'.3onc number of t c r.,croar,. yy __ _ _ _ _ T1p It a pais•�.rch�t/, thc . amc3 of all part.,..,, and the prinaipal buoincca addrea3 and -alcp1-.3nc. nftmbcr - f ca3v19. partner . ti S'Ic -+,-` 1^ s.ii I l.iL U COi-pC71-l'�tiV,a, t...i...v., ic:.yi.�t.,.rialy �tlU3t -merle .. `r it is ary'afized under the la:.o omen io cs pa a'tia.., and zjtt-st aharr thc mailing 3:14tC3.9 ``"--- '-- �vcTllia:+, tcleph3 nc nu,;;:,...:, :lame of l,c individuate i,, charge of the , Portland arca FF L _cv 3f vu ahivi Sue„ <;orpoi'aC1on ana—t-a.0 :...yi.',�ercd went e*--ttc 3a3fpora:.i3:,, ai:1 rnamcJ of all officers andUl1 � ____ 1 CSI.l.V1 i.J V1 ' tt9't� rs,5 of salt; corporectian, and, if a foreign -corporation, *he .placo 3f inc,,-povation . 3-.. If �. thc a=, u:s:srn, rcgi3tratie�t __t u.,-V-iat ion' o Ni'i... iNa�i uu7is:��o ado e 66 nnel telephone .line-- if any, n„t� o a --d principal. _ __l � '.Y , uIIC. u.a_ �'A�... 1... tom,_i.a...ir.0 bu3inco- r, oidc.: c a : eoo:o ana' tcicphc:.c J..-1415W --_ all 1..,l W V L U V r mcmbcr3vofvtho u,,.,,,, ia` - - .. f4-C �� :, .,.n�C33 t:::_Y .:: eee'E; t.:.. .., in nu;7lbCr', in whit: ��.:3c the app licatia;. Jhal1 33 3t-a—t yand &-..113 pc -ae ft rc io`c: ig , u, alternatively li��. ho „u_,_- N tuoii.c.00- Ordinance No. 2111 Page 2 or rcoidcncc adds nd Z .cpbcnc ,:mbero of the cfficcro and director: :_ truotcco of the a -ciat�icn. If the a000ciati- part cf a :nultiotate crgae-reati-.. cL -- -.. .,iatior. th- mailing _dd ceand- 1,, _ , -. ioo area oor-tr l cfficc ohall ,bc ;i. - +.. _dd a_+c.. 'te t c ..,..i' _ aa: Y a --- 1'eoati c.. of Ito Portlandarcacfficc. organisaa - .,.. 1€--th-' --------+r ; -V {++^ 4 t.I4a UV{• L4yiU 0ppociatior+ 8i doi4r, *ativa. and an cxplanatic n €-rem a1' the intends d ; c --1 ' -' --tion. -- a ��-r'aarst�—e N�+rN� oath-- -' -tion P. "'he n w::cc, :;c.i1in7 wd-ice:, and tcicphc::- :;:mbcr of all indi;;idualo who ;:i! .._ _.ti - 1 be in uiLc:c:4 chaY�ge t's ' oo,it.;�+ of the oolicitatio n and th- n,.m7or of peroono wh3 will ;c actually involved in the oolicitati-.. activity. One of t:-:c named ndi;;idualo ohall tc d-Uig Hated to rcceive any-hetioc of communication from the C-it;: cr the public .,,.._..+n g the eclicitaticr. activiti.co . E. The tim- ..+thin .:hich the ..c'_.,..L ti.... + t.e the date of the beginning prc;ected ccnoluoion. r. „. the mcthod:s and mc—n- la which the :: , : Luetic.. is-to we ac.:ca;.N sed ut.0 theapp��otc locationo and datca vi' Ya :611000 _.. .t'cd. C. The namco of any other ci`tic�c in which the peroon rcgioteriny hao oolicited within Cho j.MU4 Li V c: ;S) years, but in the event that the Neroon ragia...;:.i::y hoc „ciicited i., ;,iorc than five (5) other citicc, t:.o i..ercon--r ictcriny may 1 :A the five (5) citicc located aloceo-to La;re--C: - -may:. . H. A otatcmcnt that if.a ecrtifieatc of rcgiotration io greetcd, cue,,,�h ocrt- • + o vv 111 not be uoed ao or r oprc3cntcd to bo en dor3•CmcTTt b ehe—e y" oi' ahy* of it3 officer:, or cmplcyseen- mt.o _r - -_ - eiir'e tor, rstce, • • 1.{4 1Jµ1..�U Va. µ V L .tnc , �bi'3b i'ectio., o o-y euaioir, ucJ.'c'Y1 ok einpilneCC eftgetffing irk ▪`.e .dV+14i_-, _ _± Cation who hao oigncd a cc..:c-t d- -e „r crdcr in the loot f iv -• o t__- t-- ..-.-....,i d 62 �_�_] �,, --- - a1vc: y'c:ui-D aac.. hoc ..+c:c:aa c:vaav-1c:Lt:Z.a lS 1t G L"CZ.�n� VL u fliodcmca or i...a.. V.A.ny ;;,:,r,7:4 'turp1tuu,. •.it..in t-ic Nao.-five. )- J `-•`-•L:, and t c nature. of the Offehae, oi' concent-der:: vi crcwc:rj t he otatc where the conviction, or cement dcc:::: or order occurred, and the year cf ouch c.,n�ieti:,n, cr co-nac:et decree cr order. J. ..aa c;:plutiation of the i-eaobi..;, if taae ,,--aft - regiatcriny io ....-'wle tc provide any of the foregoing information, why ouch information io net ;,tatcmcnt ie;u;;t--"w;. c:..gr;ed N;: the opplica.nt, - if the peroco St'eegio'cre ing io an individual , if the ',croon i eg'1.6e611.'iy io u Nui-.n�.r.a..it. 'zy o i5olLencr, if Nere'eft rcgioteriny io o as a•tio n cr an i i„n, `'y an officer. The :iyn L ny 4 4 a;.yiot-ration statement ' Shall oiga the otatcmcnt and o:.ear or affirm before an Oregon notary that he hum carefully- -toad ehe peg-i3trotion otatcmcnt and that all t-he tion --t-- th- L - rest . �Q41 V{{ { Mi t4µ 4L 41� 1J V µ4 µ..µ 4VL 3 . ncgiotratio n otatcmcnt and information cubmittcd with the Ordinance No. 2111 Page 3 rcgiotrat_yn ctatcmcnt arc Y :w1_ _-. rdc a.a ' cb_' ., fc. pu '1_: 4ftepeetionduring normal 94-tyL . _ .. co her: c . ;Ord. No. 19r" , ^rc. 3 : 13 1 87. ) 34.16.930. Repealed.flogio ration Fc Avery rcgi-ehreticn statement -h.11 accompanied by _ag,ct- ati.... fcc of fifteen dollars (015) t- ..ompc..J,:tc the City 4er-thc coot of adininiotcri n7 thiv rcgictration N ti; a , and ouch t-c ..illnot tc a-f• n2.cd if a ccrtificatc et re -is ratio.. io ..or- . ;Ord. No. 195:, Ccc . 13 1 87 . ) 34.16.935. Repealed.Ieouascc cf Certificate of Registration, Reveeetiee,- 1 314.ter a rovicw c€-thc _cyiotration otatcmcnt to dctc::::i nc i.J ccmpli......,y with LOC 34. 16 . 925, uklci, within ten ( !C; Bayo of Lala acra.c:.a.pt of thc _a.giyt-reLiyaa J ayd4ei shall cithca ' ---- - -- -` `= altc of registration, ii the form previdaza by LOC 34 . 16. 940, or notify t::c percon _:.yi• te::i ng that the registration ot.a cm=et u--- not-tomply with t'1. .00 21 . 1C- .02S, arcop*.e444ee-r y point out what informatiyn emp-i-ene-eior — furnishcd that is required betni:e u - / - _ t -... can ... L_ - __.._J t- _ T.+ataeert -- -_--_�.L V V L L..gi Lion can uL • i L rcgi3t-' ung is .:ngagec: in oi. activity .2 i vvni-ch a buoincoo liconca i3 requi- -d 'ty this Code, proof of - valid tue-ii:coo 1iec:::,;. :r:: be furnic.ad prior, re,- is lodki anee o —4—e eei't1' 'ieaf"C . 2 . A certificate of acgictrati,in *ha 'Lc revoked by the City taanugai: i2 tY registcrad person, or -..c or marc --1 - - t-ere engaged on tcha.1f of��"tha1 � t p 'dash, ixie co►.'.ictcd . plead guilty or ..y :;.act o a. \ 4mulot- minimum of t,rcc viol-eti;,nc of LOC c � ,y v t :n n 2 I9--ea l c d-r - -- -d 34 . 1G . 91 ,�, bbO �Lllipll any JV VN Nf day , L iV 1 eehhection ..itrh - on to.N1f of th— - ion d2 r-he reE 13tcrcd pereen-r-A-eerr44ica of the municipal court ccord-et pica or eetrvictizn iy „c.. --.c proof that a violation ha; occurred. The period of a:c.ocatio.. V-hall be for 6C VNiV..NN__a_ which i l•J/ during the py1JVi. may not icb.ci e a certificate of c io -re do.. Within five (S', :i ng da.y. ..f receipt of notification that . rcgiotcred Pere oa• L�NVV NVcaa con i\..V\.u, L..i..NN guilty or no .,.,.tc3t to the third vio1cit .on the City Manager shall notify t:c �,a::cc n dccig Hated in Laic% Y•eyi iMLi VaYenC co � Laction re •revs:a in : Ming, fi.a day:, prior to the effective. date of the _ _ __p___n. T-e peY63Yi -pppea the ? e1 ' . -"--"2 -r. to the City Council by filing a notice c - ppei,l with the City a<t.crock within 10 da,c of the effective. date of the r-.oca.tio n. During the pendency of the uppea t- a or. -Y* ravaka is ataycd. (Ord. :.o . 1n17e n_— n .. in , nn i JJ'l / VC:L • Y, ita i V • • / Ordinance No. 2111 Page 4 80 34.16.940 . Repealed. - ; ; - = _ ' - . T c City Manage` chall p reserib. the form of the certificate of ragictration. Each ouch ccrtificatc aha-1 `.. .c e t-eUe::i ng pri..tcd rromincntly thcrcon: The ±cc,.a..cc of thin certificate of rcgiat_at_c- ic ..at an ondorocmcnt by the City of ito officer.: Cr - •451 i.‹Las— 661.6 iz'tificatc ef. rcgrstration chall bc..r a ragiatrati .. is thc name ao the filo. containing t::c ccgiatrat±..n ctatcmcnt filed bfe rcgiotrant . 2 . Ever- ccrtifictate of _cgiatraticc - by the City Meragc ' 6'-.e.11 ce -rtain a termination date .:i:on ccrtificatc ohall cni:ire, which date chall be tho termination cf the oolicitati .. - �iod -- �fiad �n th gia ..atio.. :.fit t.:...' .,i.:_C yam- vi' briL� year from the date of icc::a ncc, whichever is lcno . The ccrtificatc cf = ,.ic hot of T;y��,cTaizvrs cirYrxll COn:'. acts prohibited by LOC 34 . 16 . 915 . (Ord. .3o. 1954, Ccc . 2-- 12 1 87 . ) 34 . 16.950 . Evidentiary Matters . 1 . It shall be prima facie evidence of a violation of LOC 34 . 16 . 915 ( 1 ){0-(C) if written material is found on real property upon which a sign conforming to the requirements of LOC 34 . 16 . 945 has been posted. The person responsible for such written material shall be the person identified in the written material as its proponent , sponsor, distributor or potential beneficiary of the communication conveyed. 2 . 'cr thc purpcccc of LOC 34 . 16 . 915 ;D; and ; I ) , if c Ycreeft nolicitn on behalf of - _egintcrcu pursuant to LOC 34 . 1C . 925, it _c p eaumed that the ;cr .o.. ..cyi:, o o11 aced; ouffcrcc: cc permitted thc .cclicit-a ion. (Ord. No . 1954, Sec . 2 ; 12-1-87 . ) Section 2 . 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 of the City of Lake Oswego held on 6th day of December , 1994 . AYES : MAYOR SCHLENKER, CHRISMAN, KLAMMER, ANDERSON NOES : HOLSTEIN ABSTAIN: NONE EXCUSED: PUSKAS Ordinance No . 2111 Page 5 81 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: ATTEST: Kristi Hitchcock, City Recorder .A •�;���' D TS 't RM: - Mfr Condit • ;,/Attorney [211.1 .ord] 4 Ordinance No. 2111 Page 6 8 2 III - E - 1 CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20. 1994 SUBJECT: Resolution 94-64,a resolution of the City Council of the City of Lake Oswego, dedicating the Paul H. Johnson open space. ISSUE: Shall City Council name a 2.62 acre piece of open space property in honor of one of it's donors,Paul H.Johnson? OPTIONS: 1 Adopt resolution 2. Do not adopt resolution 3. Adopt resolution with modifications RECOMMENDATION: Option#1 DEPARTMENT OF ORIGIN: Department of Parks and Recreation FISCAL IMPACT: SO NOTICED (Date): EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ CONSIDERATION No BUDGETED? YES NO X ACCOUNT Would the adoption or implementation fulfill an identified City Council goal, past or present:? No Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? ND 1. Staff Report 2. Resolution 3. Park Naming Policies 4. Letter from Arthur C. Piculell 5. Narrative on Paul H. Johnson k:\kristi\forms\ch-res 83 AGENDA ITEM TO : Douglas J. Schmitz, City Manager FROM: Mike Henley, Director of Parks& Recreation PREPARED BY : Gary Evans, Recreation Superintendent DATE : November 10, 1994 RE : Resolution 94-64, dedicating"Paul H Johnson" open space ACTION This report will make a recommendation to City Council for Resolution 94-64, a resolution of the City Council of the City of Lake Oswego to name a City owned open space. INTRODUCTION/BACKGROUND On March 23, 1994, a request to name a piece of donated property was made in a letter to Mayor Alice Schlenker. It has since been referred to the Parks& Recreation Advisory Board and on October 19, 1994, they voted unanimously to name the open space, as suggested by Arthur C, Piculell, Jr., in honor of Paul H. Johnson. Significant information on Mr. Johnson is described in the attached narrative provided by Art Piculell. DISCUSSION The process used in the recommendation is according to the policy for the naming of parks& recreational facilities, as adopted by City Council in Resolution 93-17. The property is 2.62 acres in size and is located North of Country Club Road, South of Atwater Road, and West of Iron Mountain Blvd. ALTERNATIVES 1. Recommend the name of"Paul H Johnson Open Space", as suggested by Arthur C. Piculell and approved by the Parks& Recreation Commission. 2. Leave the property nameless. 3. Propose further study. RECOMMENDATION 85 Alternative no. 1 • • RESOLUTION 94 - 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO, CREATING THE "PAUL H. JOHNSON" OPEN SPACE WHEREAS, the City Council adopted Resolution 93-17, establishing guidelines for the naming of parks, open space areas, and recreational facilities; and WHEREAS, a request from Arthur C. Piculell, Jr. to name the park has been forwarded to the Parks& Recreation Advisory Board for review; and: WHEREAS, there was a unanimous vote to name the open space in honor of one of it's donors, as requested by Arthur C. Piculell, Jr. at the October 19 meeting of the Parks& Recreation Advisory Board, and; WHEREAS, the request falls within the established rules governing the naming of parks& recreational facilities policy, attached, and hereby incorporated by reference; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Oswego adopts Resolution 94-64, naming the property located off of Country Club and Iron Mountain Roads as "Paul H. Johnson Open Space", listed as 21E 4DA, Tax lots 1401 and 1700, and outlined on the attached map. Considered and enacted by the City Council of the City of Lake Oswego at a regular meeting held on the 6th day of December, 1994. AYES NOES ABSTAIN EXCUSED Alice Schlenker, Mayor ATTEST 4. Kristi Hitchcock, City Recorder 01, Ap • , to _ a.i r it 1/ or y CAvi wor, 4 8~f Reflood VI 7/N RESOLUTION 93-17 Resolution of the City Council of the City of Lake Oswego to establish a guiding policy for the naming of parks,open space areas,and recreation facilities. WHEREAS,The City Council and the Parks&Recreation Commission have identified a need to establish a policy for the naming of Parks&Recreation facilities; and WHEREAS,The City of Lake Oswego has entered a period of actively acquiring and developing new park land and recreational facilities, as well as rehabilitating existing sites; and WHEREAS, The City presently has no established policy for naming Parks&Recreation facilities; and BE IT RESOLVED By the City Council of the City of Lake Oswego that: Section 1. The City Council hereby adopts the "Naming of Park and Recreation Facilities Policy Purpose",as attached. Considered and enacted at a regular meeting of the City Council of the City of Lake Oswego held on the 2nd day of March, 1993. AYES: KLAIMER, PUSKAS, ANDERSC , HOLSTEIN, CHRISMTN, MAYOR SCYtLENKER, MARCOITE NOES: NONE ABSTAIN: NONE Alice Schlenker, Mayor EXCUSED: NONE ATTEST: / -c r T eI VET A` °I FORM Kri Iitchcock,City Recorder ie . •ndit City • ttomey g,) CITY OF LAKE OSWEGO COUNCIL REPORT TO: Alice L. Schlenker,Mayor Members of the City Council FROM: Douglas J. Schmitz,City Manager -s() SUBJECT: Naming of Parks& Recreational Facilities Policy DATE: 23 February 1993 PURPOSE: This policy is to establish a systematic and consistent approach, utilizing public participation, for the naming of parks and recreational facilities. OBJECTIVES: The objectives of this policy include: + Ensuring that park and recreational areas and facilities are easily identifiable. + Ensuring that given names to park and recreational areas and facilities are acceptable to the community. + Encouraging the dedication of lands, facilities, or donations by individuals and/or groups. GENERAL GUIDELINES: The following general guidelines should be pursued for the naming of parks and recreational areas and facilities: 1. Facilities should be named within six months after the City has acquired title to the land and/or structure. 2. A request for the naming or dedication of aark and recreational area or facility can be submitted to the Parks & Recreation Commission, in writing, with a brief statement describing why the request is being advanced. 3. For parks and recreational areas and facilities, the Parks & Recreation Commission may solicit input from community groups. 4. If recommendations have been received by the Parks &Recreation Commission, the Commission will forward its recommendation to the City Council. The City Council may accept the recommendation of the Parks & Recreation Commission, or may propose an alternative name for the area or facility under consideration. 91 N CLACKAMAS CO. next map Section 4 page e 33 40 rnrr/nssss/ss/ssieressseestaleesuresessssess///rssssssrseserslssesssesssessssset 1 s////1 Y I I S \' - MVO* emir' TITAN PARI ! = • p '�O 4-- ,•r'I { `/ FOREST MEADOWS . WAY ,•,, _- /1 r . I 014,0 uo.o I I ; I l.s l ,I I 1,h Y i 1 1?- r I I 1 qb x 7�' ' r•,. I I I 4 ,ar�.: IIF •/? . r - ISoAo I I I ��, 1 ¢j, i 1 trios I� Iron I I I , I q,7, I ... 1 _. _. • _ .1_.-.g... sio Lim \J, \•�1, .. • I l - Y :- - - 1� - - - - Lytiuo Iron 1 Ino 1 mo. I 3 5 1 -�— I I LANE .t,,..7!4,--..1', _ _ ilii 'J o , I 'O i WM — ____ ,, �,u...I k.rl, TI 1— 1__ _L_--1 .- _. r I Zi l a l �, nr. . 1 I I I r I I - 1 ' ! 1 # I - 1 • 1 t; 1 :. wr 1 . 1 a . : >F 1 DRIVE r- - -- 1 rIMSE11AIdE " s g y I I 1 lane. r 1— ut.o I I 1 ' j T 1 1 t I l 0 1 l • 1_ _ i a - gI f a I I i l i l i 1 i l l it I 1 1 I 1,i''' ,..., 7-Nr, O I — _—I-1—,_ r-I_..,..J. — — — _e__�- 1—I-- L. 1 J._ -1 „is , . ...r.- _,. , - ,, , , , , , ,,,,, , , z ' " +-1 - -I- ' lure I a7w 'il !_1.1_, \� _ • )/+ / / /^�•{,�Jam. Y -__ _.. COMMONS - •/�i / / /. 1 • 1 1717! I • . ♦^ /• / 1 -- ,s.o �f - -- - I , ii,..7• 1 I : I I I a'�1r �w / // 1 � J I ' ' _ • /•� ' / n,� I ! I - �� I� I '� yp I ..a ,A �a. I w r fit.___._ �1 6 - -, "" -- - -� •t1\\- - v-1 ''F'��� 11= i I �i�r ,.� O-' - - • 1 I_. L \ I ' 1 1 1 I I I 1 I 1 N\ Nl I ' L c 1 1 ,7.11 wu _J Irrol METER APO I I I 1 1 I I ---_---- -—— _ _ -i r— - - 1 L M..,G 1 s Lao0 I I I I a �` Ila 111440 I I 'Sr" I , -Ru,r l - I I I I al 1 17.01 ,I I i 11 _ — - - .__4 --- I1 1 I 1 1 iLl I 1 1 'A - I I 'on,- E I iI I M I "I I Il1 jl I . I .- _L __ $ ' I I It 1 • 11 ,1 i = 1 I i. I .1 I1' R IE I 1 I,an01 KNAUS '11.0110—...„ _ - - AfW —'� r,,,. 1 1E 1 11 �1I 1 11 ,.... Inn I g I I I s I tIi � 1.11 1 I Q 14 LJ7Lb01 I -- 1 i f I 1 I aeiDA wL 117 3-- , = I a 1 - I •+ I ;1--r---i---/-- - --- ---1-j--' I Ti_ IITQI ci° ss — 7•.r - 7 - -1 r---1 ;..,r ,aro, .�c� I '+� +oY` M ,^"., .. 1 I I — I ;..o 1004 . 1,.loo I uloo 1 1 I I _ 1 110. - .u+ ;,[ 1�.,u 1 i .n.W Ir.., i r- _ -� _, ...+ I i 1 L /I' I I 1 1 1 1 1 III. 1: . ,. 111.1.1 a I >f1- - . 3I I I I I 1 III1; , > I , „ ,-, IIz ,e1. ,, l 7Ixla lz II COUNTRY-___ _ . -\ Y 1 CAIN 1.7..« • ii '� > R 101 8 10 I” 1 1 1.14441�I 0111.•E O 444.41144,club ROAD Vt-0.rLe r •- _ _– .11, .•S . 1.7.1. ti NaM (7J 1 N.M • t _ - OP-� ti Paul H . Johnson ( 1921-1991) Shortly following the ens of Wor10 War II , Paul moved from Eugene to Portland as a mechanical engineer for the Oregon Journal to work on the "Old Market Building" which was to house new printing presses and become the new home for the now extinct newspaper . In 1953, Paul and wife , Leota , moved with their family to their first house in Lake Oswego . Six years lator ( 1959) , they purchased the house and acreage on Country Club Road which at that time was Market Road — a two-lane country road with much less traffic throu Lake Oswego ' s rural neighbor- hood . In the thirty years of living in Osweco , Paul spent his time working with youth groups and organizations . The Sixtys were spent in helping develop and organize the Lake Grope Little League after it split away from the Lake Oswego Little League . Rapid growth in the community required more teams , more fields to play on, more managers and on down the line . As president , Paul was part of a group that solicited volunteers to put the original lights on the Waluga Park field . 4J tAKE OREGON 380"A"AVENUE April 12, 1994 POST OFFICE BOX 369 LAKE OSWEGO. OREGON 97034 (503)635-0213 FA),(503)635-0269 Arthur C. Piculell, Jr. 02008 SIA/Military Road �LcE L SCHLENKER. Portland OR 97219 MAYOR Dear Art, CHARLES: MIKE)ANDERSON. COUNCILOR Thank you for your letter dated March 24, 1994. I appreciate ^4,-SER CHRISMAN, your request to name the open space in honor of one the COUNCILOR donors, Paul H. Johnson. :.,(LIAM HOLSTEIN I am enclosing a copy of our procedure for naming parks. COUNCILOR Basically, the naming of parks is based upon the recommenda- B081UNE hon from the Parks & Recreation Commission; and therefore, I COUNCILOR am forwarding your request to the Commission. 3111 11/41An,"H Thank you again for your recommendation. (-Ol.\(:ILOR Sincerely, ,,\I PL. (Ol \( ,Luk, Alice L. Schlenker Mayor ALS/sms Enclosure c: Parks & Recreation Commission Douglas J. Schnitz, City Manager 9 • ARTHUR C. PICULELL, JR. 02008 S.W.MILITARY ROAD PORTLAND,OREGON 97219 March 23, 1994 Mayor Alice Schlenker T@Tg 7 r City of Lake Oswego MAR 2 4 1994 i Lake Oswego, Oregon 97034 Re : Nature Park/ Open Space Dear Alice , We would like the City of Lake Oswego to give consideration to the naming of the above park/open space in honor of one of its donors , Paul H. Johnson . Paul and his wife Leota, Dee and I gifted this to the City of Lake Oswego in December of 1979. I enclose a very brief narrative of Paul , per your request . Thanking you for giving this your consideration . Sincerely , di EKE Qs,11, JI JAN 13 1995 tJ All g.te, ,..,% ......................... 4110 -1.--••,.- ORpGpN DEPARTMENT OF PARKS AND RECREATION January 12, 1995 Arthur C. Piculell, Jr. 02008 SW Military Itoad Portland, OR 97219 Dear Art: I am writing to thank you for your ongoing efforts and patience with our park-naming process. I'd also like to share with you that on December 20, 1994, City Council • adopted Resolution 94 - 64 creating the "Paul H. Johnson" Open Space. Notification will be given to our Planning Department so that maps they produce in the future might include Paul H. Johnson Open Space. Updated parks maps will also include this information. Once again, thank you. Please let us know if we might be of further assistance. Sincerely, c .____ 4264,) 1-4,10.4-45 . D. Gary Evans Recreation Superintendent DGE cc Alice Schlenker, Mayor C.C.2 c_'(AA GA. L' Mike Henley, Parks and Recreation Director Attachments • K PARKS\COLIEENVICULELL 380 \" Avenue • Post Office[to\369 • Lake Oswego,Oregon 97034 • (503)636.9673 • FAX (503)897.6579 1 RESOLUTION 94-67, a resolution of the City Council of the City of LakeOswego amending the master fee resolution to adopt new tree ordinance fees and clarify the business license fees 19 I 1 CITY OF LAKE OSWEGO III - E - 2 AGENDA CHECK LIST 12/20/94 MEETING DATE: December 20, 1994 SUBJECT: Proposed minor adjustments to Master Fees. ISSUE: Should Resolution 94-67, approving Master Fee Schedule Amendments, be updated? OPTIONS: 1. Approve Resolution 94-67. 2. Make changes to proposed Master Fee Schedule and approve Resolution 94-67. 3. Do not approve Resolution 94-67. Make no changes to existing Master Fee Schedule. RECOMMENDATION: Option#1 DEPARTMENT OF ORIGIN: Finance FISCAL IMPACT: 1994-95 Est net revenue increase NOTICED (Date): N/A (decrease) Minimal EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: CONSIDERATION [Date(s)]: November 1, 1994 BUDGETED? NO Some budgeted and some not. ACCOUNT# Various 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 ATTACHMENTS: policy manual? Yes No X -Memo to Schmitz from Griswold of 12/12/94 -Resolution 94-67 -Exhibit A-Amendments to Master Fees & Charges s\Bruce\Agenda9 10/ k_AICE 0�,`lF r: .A LREc;�ti F1\ \\(. 1 nip \I,z ! \II `. I MEMORANDUM TO: Douglas J. Schmitz,City Manager FROM: Bruce Griswold, Finance Director OP DATE: December 12, 1994 SUBJECT: Proposed Minor Adjustments to Master Fees- 1994-95 Attached are amendments to the November 1, 1994 Master Fees Update. The changes are all minor housekeeping adjustments. Highlights of the proposed minor adjustments to the Master Fees schedule relate to clarifying and correcting language for business licenses, City rates and charges, public records fees and planning appeals. Separate tree removal permit fees changes are necessary to delete existing language and replace it with new language upon the effective date of Ordinance 2097. • RESOLUTION 94-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO UPDATING RESOLUTIONS 93-78 AND 94-60, FEES AND CHARGES OF THE CITY OF THE CITY. WHEREAS, the City has adopted from time-to-time the fees and charges for services, and, WHEREAS, the City has found it necessary to revise or delete various fees; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego, Oregon that: Section 1. The revised fees and charges as shown on Exhibit A, are hereby adopted by the City of Lake Oswego and incorporated into the Master Fees and Charges Schedule of the City (Resolution 94-60). Section 2. The revised fee schedule shall go into effect immediately, except that the amendments relating to tree cutting f tree removal permit fees shall be effective upon the effective date of Ordinance 2097. Considered and enacted by the City Council of the City of Lake Oswego at a regular meeting held on the 20th day of December 1994. AYES: NOES: ABSTAIN: EXCUSED: Alice L. Schlenker, Mayor ATTEST: Kristi Hitchcock, City Recorder APPROVED AS TO FORM: -' ty • / rn y's Office J � " ti EXHIBIT A, Resolution 94-67 AMENDMENTS TO MASTER FEES AND CHARGES Adopted by Resolution 93-78 and 94-60 ***Additions are in bold; deletions are lined Section 1. Administration A) Business License Applications Dflu .„wu v•,..r :.-fees. Businesses with under$3,000 gross income. Any business with a gross annual income under$3,000 is exempt from the business license fee. In order to qualify for the exemption, the business shall submit supporting documentation, such as tax records, along with the business license application. C) City Utility Rates and Charges Water. Sanitary Sewer& Surface Water Charges for customers outside the City,charges may be set by specific agreement. E) Public Records Fees 5) Records Research $50-$5 per 15 min/request (minimum $5) plus copies and materials charges Section 9. Public Works.Planning Department D) Other Fees Appeals of a Hearing Body decision to City Council 1/2 Original Appeal Application Fee E) Tree Removal Permit Fees cffeetive)- Exempt-property $6 . Review-o€ .,c . cs L.:}4rcc cutting-platt 1 J ***(The following section will apply as of the effective date of Ordinance 2097) 1)Tree Removal Permit Fees Type I Permit $6 Type II Permit $75 + $10 per tree; 200 max. 2)Type II permits in conjunction with development application: Review of proposed tree cutting plan 0 Verification of compliance with approved tree $12 + $2 per tree; cutting plan/tree cutting criteria, if applicable $100 max (Includes application submitted with single- famility building permit). 3) Retroactive Permit Fees For violations under LOC 55.02.130(3), rectroactive permit fees will be assessed as follows: Type I Permits $18 Type II Permits $225 + $50 per tree for those trees which would not have been permitted for removal if a timely application had been filed 4) Mitigation for Tree Removal Fee per caliper inch to be paid into Tree Fund where required pursuant to LOC 55.02.135(1)(a); $25 5) Request for Hearing to Review Tree Cutting Permit Before the Development Review Commission $1011 Appeal of DRC's decision to City Council one-half of original cutting application fee; $25 minimum. CITY OF LAKE OSWEGO III - 12 - 3 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: Resolution 94-66 which authorizes the Mayor to execute an Intergovernmental Agreement between the City of West Linn, the City of Lake Oswego and the Tri- City Service District to provide interim connection to the sanitary sewer system of the City of West Linn for a single lot located in the City of Lake Oswego. ISSUE: Should City Council adopt Resolution 94-66? OPTIONS: 1. Approve Resolution 94-66. 2. Do not approve Resolution 94-66. 3. Send back to staff for more information. RECOMMENDATION: Adopt Option#1 DEPARTMENT OF ORIGIN: Public Works FISCAL IMPACT: $ N/A NOTICED (Date): PREVIOUS COUNCIL CONSIDERATION EXPENDITURE: $ REVENUE: $ [Date(s)]: None. BUDGFTEI1? ACCOUNT# ATTACHMENTS: Would the adoption or implementation fulfill an identified City Council goal, past or Council Report present? No Is this a policy for inclusion in the City's policy manual? Yes No X C. . .. ..APOONAAOC 103 MEMORANDUM TO: Douglas J. Schmitz, City Manager FROM: Jerry Baker, Director of Public Works j RE: Intergovernmental Cooperative Agree nt for sewer connection; City of Lake Oswego, City of West Linn,Tri-City Service District, John and Rae Capogna DATE: 1 DEC 94 Attached is Resolution 94-66 and the Intergovernmental Cooperative Agreement that has been negotiated among the above named parties to provide an interim connection to the West Linn sewer system until a Lake Oswego sewer is available. The agreement is limited to a single lot located at 18026 Skyland Circle. The lot is outside the city limits of West Linn and Lake Oswego, but it is inside Lake Oswego's Urban Service Boundary and Urban Growth Boundary. The existing septic system on the lot has failed. The attached agreement has been modeled after several similar agreements the two cities have signed in response to similar requests. Staff recommends that the City Council pass the attached resolution authorizing the Mayor to sign the agreement on behalf of Lake Oswego. ► '1J RESOLUTION 94-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF WEST LINN AND THE TRI-CITY SERVICE DISTRICT TO PROVIDE INTERIM CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF WEST LINN FOR A SINGLE LOT LOCATED IN THE CITY OF LAKE OSWEGO WHEREAS, the City of Lake Oswego, the City of West Linn,the Tri-City Service District, and John Capogna and Rae Capogna are desirous of entering into an intergovernmental cooperative agreement and service agreement to provide interim connection to the sanitary sewer system of West Linn and the District for a single lot located within the City of Lake Oswego, and WHEREAS, the Capognas have agreed to make all payments and indemnify and protect the City of Lake Oswego relating to said temporary connection and to pay to the City of Lake Oswego all fees and charges which would then be applicable at such time as the Capognas connect to the City of Lake Oswego system, now , therefore, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Mayor is hereby authorized to execute the intergovernmental cooperative agreement between the City of Lake Oswego, the City of West Linn, The Tri-City Service District and John Capogna and Rae Capogna, a copy of which is attached hereto as Exhibit"A". Considered and enacted by the City Council of the City of Lake Oswego at a regular Meeting held on the 20th day of December, 1994. AYES: NOES: ABSTAIN: EXCUSED: Alice L. Schlenker, Mayor ATTEST: Kristi Hitchcock, City Recorder APP' • S ' S`T O :/./ ,>,/jett. G ndit4City Attorney 0 INTERGOVERNMENTAL AGREEMENT/SEWER SERVICE AGREEMENT This agreement is made this day of , 1994, by and between THE CITY OF WEST LINN, a municipal corporation (hereinafter "West Linn") , THE CITY OF LAKE OSWEGO, a municipal corporation (hereinafter "Lake Oswego") , THE TRI-CITY SERVICE DISTRICT, a county service district formed pursuant to ORS Chapter 451 (hereinafter "District") , and JOHN CAPOGNA, and RAE CAPOGNA , husband and wife (hereinafter "Owners") . WITNESSET H: RECITALS: 1. The parties hereto are desirous of entering into an agreement to provide interim connection to the sanitary sewer system of West Linn and District for a single lot located in Lake Oswego which lot is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, hereinafter referred to as "Parcel" . 2 . The Parcel has applied for annexation to Lake Oswego and is located within the Lake Oswego urban services boundary. Owners are the fee holders of Parcel. Lake Oswego does not have the current ability to provide sanitary sewer service to Parcel. The purpose of this agreement is to provide interim connection to the sanitary sewer system of West Linn and District until such time as Lake Oswego can provide sanitary sewer services through extension of its own system to serve Parcel. 3 . This agreement consists of two parts: an intergovernmental agreement and a service agreement. The intergovernmental agreement is among West Linn and Lake Oswego and the District. The municipal parties hereto acknowledge that they have authority to execute this cooperative intergovernmental agreement pursuant to the terms of ORS 190.010. The service agreement is a contract for receipt of service between West Linn and Lake Oswego and the Owners pursuant to the cities charter authority and authority under the cities respective utility ordinances. Page 1 - INTERGOVERNMENTAL AGREEMENT/SEWER SERVICE AGREEMENT L `)9 NOW, THEREFORE, the premises being in general as stated in the foregoing recital, it is agreed by and among the parties hereto as follows: 1. License Granted. In consideration of the continued performance of the conditions set forth in this agreement, by Lake Oswego and Owners, West Linn and District grant to Owners a license for the temporary use of their respective sanitary sewer systems to service a single family dwelling on Parcel. Neither Lake Oswego nor the owner of Parcel shall incur any property right or interest in the sanitary sewer systems of the other parties. Neither West Linn nor District shall assume or be responsible for any cost or costs caused or created by any subsequent abandonment of planning or construction of a sewer which would connect the sanitary sewer systems of West Linn to Parcel. 2 . Construction of Sanitary Sewer. Owners assume all responsibility for the construction of the sanitary sewer line linking the parcel to West Linn sanitary sewer system. Owners shall also be responsible for the acquisition of all necessary easements, and payment of any advance finance reimbursement by any property owners authorized by Chapter 13 .30 of the West Linn Municipal Code. The interconnecting sewer shall be constructed to all applicable West Linn, Lake Oswego and District's standards. Should a conflict exist between Lake Oswego and West Linn's standards, the standards of West Linn shall control. 3 . Limitations on Usaae Interconnectina Sewed. The interconnecting sewer will be limited to serving a single family residence located on Parcel. The interconnecting sewer shall be maintained by Owners in accordance with West Linn's practices, policies, standards and ordinances. 4 . Elan Review and Inspection Fee. Lake Oswego shall pay to West Linn applicable plan review and inspection fees to compensate West Linn for the cost of reviewing construction plans and inspecting construction of the interconnecting sewer. The parties acknowledge that a portion of the interconnecting sewer may be subject to dual inspection requirements by both Lake Oswego and West Linn. In that event West Linn assumes no responsibility for plan review and inspection fees of Lake Oswego. 5. Payment of Sewer Connection Fees. Owners shall pay to the City of West Linn a sewer connection fee for the dwelling that was constructed on Parcel equal to the sewer connection fee charged by West Linn for single-family residences constructed within said city. West Linn, in turn, shall pay a portion of the sewer connection fee to District pursuant to the terms of the District's agreements with West Linn. Page 2 - INTERGOVERNMENTAL AGREEMENT/SEWER SERVICE AGREEMENT 11U • 6. Payment of Sewer Service Fee. Owners shall pay to West Linn a bi-monthly sewer service fee for the dwelling located on Parcel. The amount shall be equivalent to one and one-half times the amount charged by West Linn for the sanitary sewer rate for single-family dwellings within West Linn. The additional sewer service charge is imposed for the privilege of using the West Linn Sanitary Sewer System and to fund proportional maintenance and upkeep of the West Linn system. Owners will pay the aforesaid bi-monthly sewerage rate from the time of connection to sewer and continue until such time as the interconnecting sewer is disconnected from the premises. If West Linn increases its rates or receives notice of an increase in the Tri-City rates, such information shall be sent to Owners within thirty (30) days. West Linn shall in turn pay a portion of the sewer service fee to District pursuant to the terms of the District's agreements with West Linn. 7 . payments in Lieu of Taxation. Owners agree to pay to District an annual fee in lieu of taxation which would be equivalent to the real property tax District would impose on the Parcel if the Parcel was situated within the District. The obligation to pay the aforesaid fee begins in the fiscal year beginning July 1, 1994, and shall be paid each year no later than November 15 of each fiscal year, the first payment one month after connection. Tri-City shall be responsible for billing and collecting said annual fee. 8. Abandonment of Interconnecting Sewer. West Linn shall assume no responsibility for the cost to abandon the interconnecting sewer between Parcel and the West Linn sanitary sewer system when and if such abandonment occurs. 9. Termination of Agreement. This agreement shall continue in effect until terminated by any of the parties with written notice of such intent to terminate provided to the other parties. Notice to terminate must be provided within 120 days prior to the effective date of the termination. In the event of termination, the interconnecting sewer will be immediately disconnected at the sole expense of Owners. 10. Hold Harmless. Owners shall indemnify, hold harmless and defend West Linn, Lake Oswego and District from any claims arising from the construction, operation or maintenance of any portion of the interconnecting sewer line for which Owners have the responsibility herein. Lake Oswego shall indemnify, hold harmless and defend West Linn and District from any claims arising from the construction, operation or maintenance of any portion of the interconnecting sewer line. Page 3 - INTERGOVERNMENTAL AGREEMENT/SEWER SERVICE AGREEMENT Ill 11. Attorney's Fees. In the event any suit or action is instituted to enforce any of the provisions of this agreement, the parties agree that the prevailing party shall receive from the other parties such sum as the trial court may adjudge reasonable as attorney's fees to be allowed in said suit or action and, if an appeal is taken from any judgment or any decree of such trial court, the parties further agree to pay such sum as the appellate court shall adjudge reasonable as the prevailing party's attorney's fees on such appeal. 12 . Successors and Assigns. All of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective legal representatives, successors and assigns. This paragraph is intended to create a covenant which runs with the land and to create binding obligations on the successors and assigns of Owners. In order to assist in carrying out this intent, this agreement shall be recorded with reference to the deed records of the Parcel. 13 . Amendment Provision. The terms of this agreement may be amended by mutual agreement of the parties. Any amendment shall be in writing and shall refer specifically to this agreement, and shall be executed by the parties. 14 . Written Notice Addresses. All written notices required under this agreement shall be sent to: West Linn: City Manager city of West Linn P.O. Box 48 West Linn, OR 97068 Lake Oswego: City Manager City of Lake Oswego 380 S.W. "A" Lake Oswego, OR 97034 District: Director Clackamas County Department of Utilities 902 Abernethy Road Oregon City, OR 97045 Owners: John & Rae Capogna 18026 Skyland Circle Lake Oswego, OR 97034 Page 4 - INTERGOVERNMENTAL AGREEMENT/SEWER SERVICE AGREEMENT l ,,, IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the date and year hereinabove written. The City of West Linn has acted in this matter pursuant to Agenda Bill 94-08-06, adopted by the City Council on the 8`h day of August, 1994. The City of Lake Oswego has acted in this matter pursuant to Resolution No. , adopted by the City Council on the day of , 1994. The Tri-City Service District has acted in this matter pursuant to Order No. , adopted by the Board of County Commissioners of Clackamas County, Oregon, acting as the governing body of the Tri-City Service District on the day of , 1994 . Page 5 - INTERGOVERNMENTAL AGREEMENT/SEWER SERVICE AGREEMENT ` 3 City of West Linn, by and through its City officials. By: Mayor By: City Recorder City of Lake Oswego, by and through its city officials. By: Mayor By: City Recorder Board of County Commissioners of Clackamas County, Oregon acting as the governing body of Tri-City Service District. By: Chairman By: Commissioner By: Commissioner John Capogna Rae Capogna Page 6 - INTERGOVERNMENTAL AGREEMENT/SEWER SERVICE AGREEMENT " ?. 4 A III - F- 1 CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT: City Council August 29, 1994 study session minutes. ISSUE: Should the City Council adopt the August 29,1994 study session minutes as written? OPTIONS: 1. Adopt as written. 2. Amend minutes. 3. Continue consideration. RECOMMENDATION: Option#1 DEPARTMENT OF ORIGIN: City Recorder FISCAL IMPACT: N/A I NOTICED (Date): N/A EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ CONSIDERATION N/A BUDGETED? YES NO ACCOUNT Would the adoption or implementation or present: N/A Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? 114 August 291994 Minutes • k:\kristi\forms\ch-min 115 CITY OF LAKE OSWEGO CITY COUNCIL MEETING MINUTES August 29, 1994 Council President Puskas called the August 29, 1994 study session to order at 7:30 a.m. Present were Councilors Puskas, Holstein, Klammer and Chrisman. Mayor Schlenker arrived at 7:32 a.m. Councilor Anderson was excused. Staff present were Doug Schmitz, City Manager, and Kris Hitchcock, City Recorder. Also present was citizen, Patt Thomas. Council discussed the following items: 1. Hotel-Motel tax. 2. Speed bumps. 3. Advisory board attendance. 4. Preliminary agenda for September 6. 5. Scheduling of the Glenn Gregg hearing. 6. Update on Luscher Farm planning. Mr. Schmitz reported on the meeting of the Luscher Farm Planning Committee held last week. He showed a map of preliminary divisions and the designated uses for the property. Patt Thomas said she was present at the Clackamas County hearing on the historic designation, and reported on that aspect. She said that there was discussion about allowing approximately 2 acres for parking because there was no room for use of the school parking across the road. Mr. Schmitz said a briefing will be scheduled before the City Council in the fall A summary will be prepared by the consultant for that meeting. 7. Stafford area planning agreement. 8. City Council procedures. The Council discussed an unwritten procedure that once a vote was taken, the City Councilors would align behind that vote, and its application to various situations. 9. Changes to the transient lodging tax. Mr. Condit outlined the process to enact a 1% lodging tax. It would be enacted and go into effect before the November 8 election, because of an opinion issues by the State Attorney General that taxes enacted before the effective date of a ballot measure must also take effect before that date. He said that will protect the city against Measure 5, if enacted, but could be repealed if that measure is not passed. Council discussed the pros and cons of enacting an additional tax, noting that the matter would be discussed further at the Council meeting. 10. Aquatic center Mayor Schlenker discussed a meeting with those interested in an aquatic center. City Council Minutes Page 1 of 2 August 29, 1994 it ? 11. Councilor Holstein outlined the schedule for the visitors from Pucon, Chile. 12. International Festival. 13. Schedule KOLTT work session before the end of December. 14. Greenspaces - final input by November 1. There being no further business to discuss, Mayor Schlenker adjourned the meeting at 8:30 a.m. Respectfully Submitted, 2.--4 •Xitife-etc--/-t_.---- ti Hitchcock, City Recorder APPROVED BY CITY COUNCIL: Alice L. Schlenker, Mayor City Council Minutes Page 2 of 2 August 29, 1994 i3 III - F- 2 CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20. 1994 SUBJECT: City Council December 13, 1994 special meeting minutes. ISSUE: Should the City Council adopt the December 13, 1994 special meeting minutes as written? OPTIONS: 1. Adopt as written. 2. Amend minutes. 3. Continue consideration. RECOMMENDATION: Option#1 DEPARTMENT OF ORIGIN: City Recorder FISCAL IMPACT: N/A NOTICED (Date): N/A EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ CONSIDERATION N/A BUDGETED? YES NO ACCOUNT Would the adoption or implementation fulfill an identified City Council goal, past or present: N/A Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? No December 13, 1994 Minutes k:\kristi\forms\ch-min I.9 CITY OF LAKE OSWEGO SPECIAL CITY COUNCIL MEETING 5:30 p.m., December 13, 1994 Mayor Schlenker called the meeting to order at 5:30 p.m. There was no quorum at that time. At 5:40 p.m. there was a quorum. Those present were Mayor Schlenker and City Councilors Klammer, Puskas and Anderson. Councilors Holstein and Chrisman were excused. Mayor Schlenker called the meeting into executive session pursuant to ORS 192.660(1)(i), Charter Officer Performance Evaluation. She recessed the executive session at 6:00 p.m. and called the City Council into open session for other business. Mayor Schlenker moved that the City Attorney's salary be adjusted to $6,340 per month effective December 1, 1994. The motion was seconded by Councilor Anderson. Roll call vote was taken and the motion passed with Klammer, Anderson, Puskai and Mayor Schlenker voting in favor. Mayor Schlenker called the City Council back into executive session pursuant to ORS 192.660(1)(i), Charter Officer Performance Evaluation. She adjourned the executive session at 6:50 p.m. Respectfully Submitted, ic://4/.4, -- 44-1-C1; C Hitchcock, City Recorder APPROVED BY THE CITY COUNCIL: Alice L. Schlenker, Mayor City Council Minutes Page 1 of December 13, 1994 k:\kristi\minutes\council\12.13sp.doc 1 99 lv1 4 J ' L Lti t, t Kum f`L Ivy :) •• •• • • IV A NEw 12/20/94 National Lague of Cities LIALELI0 FOR RELEASE: December 4, 1994 FOR INFORMATION CONTACT: Randy Arndt (202) 626-3158 Mayor Mice Schlenker Elected to NLC Board of Directors Mayor Alice Schlenker of Lake Oswego. Ore., was elected to the Board of Directors of the National League of Cities as the League concluded its annual meeting today in Minneapolis. Mayor Schlenker, who served on the NLC Small Cities Council this yaer, will serve a two-year term. The NLC board has the lead role in shaping priorities and directing the activities of the oldest and largest national organization representing municipal governments. More than 4,000 local government leaders attended the 1994 Congress of Cities. The delegates also elected new officers for the coming year, and Councilwoman-at-large Carolyn Long Banks of Atlanta was elected to serve as NLC's president. "Alice Schlenker has been a valuable leader in her community, and we look forward to having her talent and insights contributing to the work NLC carries out on behalf of cities and towns throughout America," said Banks. "Our citizens delivered a clear message on election day that they want government to work better and to pay attention to what's happening in our communities and neighborhoods," Banks added. "The National League of Cities will play an important role in carrying that message forward in a bipartisan spirit in our role as advocates for the nation's cities in Washington." In addition to electing new leaders and adopting national policy positions to guide the League's work in the coming year, the delegates also listened to and spoke with President Clinton in a live teleconference from the White House, and with Rcp. John Kasich (R-Ohio), the incoming chairman of the House Budget Committee, in another teleconference. Other speakers addressing the Congress of Cities included Sen. Dirk Kempthorne (R- Idaho). a former mayor of Boise and a lead sponsor of legislation to stop unfunded federal mandates on cities, and Hugh Price, president of the National Urban League, who spoke of the need prepare the youth of America for their adult roles in the workforce and their communities. � N3 Serving Oregon Motorists Since 1905 IV B AAA Oregon 12/20/94 600 S.W,Market Street Portland,OR 97201 503/222-6734 Fax:503/243-6432 November 1, 1994 Contact: Anne O'Ryan(503)222-6729 For Immediate Release Debra Downoy(503)222-6739 < 1✓,'. c.. 1.r .tr I Lake Oswego Wins National Award AAA Honors Lake Oswego Pedestrian Program AAA Oregon President Roger Graybeal,will present Mayor Alice Schlenker with the MA Pedestrian Safety Citation on December 7th,at 3:00 PM at Lake Oswego City Hall. 'We're pleased that Lake Oswego was recognized for its efforts to make the roads safer for pedestrians,"said Mr.Graybeal,a Lake Oswego resident. AAA congratulates Lake Oswego for their safety conscious pedestrian/bike pathway, which includes an innovative warning tone for the visually impaired at the cross walk In front of city hall. AAA began the Pedestrian Protection Program in 1937. Since then fatalities have dropped 64 percent, from 15,000 to 5,546 in 1992. The Pedestrian Safety Citation Award is given to communities with a record of nine or fewer years without a pedestrian death. In 1993,Lake Oswego was free of pedestrian fatalities. This is the American Automobile Association's(AAA)55th annual Pedestrian Protection Award Program. More than 2,200 cities nationwide competed for honors in Outstanding Achievement In pedestrian protection and safety. :c Pedestrian Safety a National Concern • The National Highway Traffic Administration reports 5,546 pedestrian deaths in the United States and 89,000 Injuries In 1992. • The leading cause of pedestrian deaths was failure to use the crosswalk or obey street signs. • On average,a pedestrian is killed In a motor vehicle crash every 95 minutes. Safety Solutions Children are often the victims of pedestrian accidents. More than 51 percent of crashes involve 5 to 9 year-olds. What can be done to reduce the risk of becoming a pedestrian statistic? • Wear reflective material at night to help drivers see you. • Cross at crosswalks or street corners. Keep to the right of the crosswalk. • Look in all directions before crossing. Be sure the road is clear before crossing. Watch for turning cars. • Cross ONLY on proper signal. 1 • Walk facing traffic where there is no sidewalk. AAA Oregon works with local law enforcement agencies,schools, and civic groups throughout Oregon to educate children and adults about pedestrian safety. AAA Oregon provides information through a variety of free brochures and a film loan program. These materials are available through your nearest AAA Oregon office. Officers and Directors C. Edwin Francis, chairman of tiro Board Floyd Bennett Edwin E.Cone John S.McGowan Geoon rgee E.Swindells Poreand Eugene m A.W.Sweet, Vice Ctlatm en ol the Board Roger P. Burpee George H.Corey Randolph L. Miller R.Thomas Yasul Pt-MiamiPendiei xr Portland tmod River Terry W. Baker, Treasurer R.D.Colclough Karen Hoyt Hinsdale Peter L. Smith Racier L. Graybeal, SiorreLvy 7 Prove1ent Itarxl Portland Purtlmul 5 • WINNER'S FACT SHEET 1994 AAA PEDESTRIAN PROTECTION PROGRAM 2,290 CITIES AND 20 STATES PARTICIPATING CITY NAME LAKE OSWEGO, CITY OF POPULATION GROUP 25,000 TO 50,000(L) STATE OREGON 2,290 #CITIES PARTICIPATING 1 YEARS PEDESTRIAN SAFETY CITATION AWARD This award gives recognition to communities that have gone nine or fewer consecutive years without a pedestrian death. High Score 70th Percentile Score Earned In Your Pop Level In Your By Your City Group Pop Group According to the National Highway Traffic Administration, in 1992 there were 5,546 pedestrian deaths in the United States. On average, a pedestrian is killed in a motor vehicle crash every 95 minutes. *Pedestrian death and injury rates are based on per 100,000 population. Club# 177 I Li,7 • PEDESTRIAN BACKGROUND INFORMATION • 1. In 1993, vehicle/pedestrian collisions claimed the lives of 5,638 pedestrians. This l figure represents 14•percent of all U.S. motor-vehicle fatalities.' ` ` u: • 2. Approximately 89,000 pedestrians sustain_ed injuries in,motor vehicle collisions during 1992.1 • • t ;. , 3. Almost 82 percent of all pedestrian deaths.occurred at nonintersection}�� _ locations 199,1 1 • . 'ie 09,:j'r %;.'Ji•ft+,,..•. .Ir::tfZ`.: Csa,N.1�i.'• l;�f t'::• . -..:1•00114:C. 77L. `R: In !"! k t •:.. �:, r t .-r ,�l '"rar!'. ir�_... tv. 4. 4Nearl ' 25 percent of pedestrians involved in motor-vehicic collisions werC'eithe'" , ,.• .i ...,1• .-. o• S` :re-, ,�.r 4•... .� •1m. i,..rjyor.r- +• ;:"27:^-1 y t ' _l i darting or running at the'time. 5. More than 37 percent of pedestrians killed were crossing the roadway or intersection properly.` 6. According to the National Highway Traffic Safety Administration, older pedestrians have the highest fatality rate of all age groups. Pedestrians aged 70 years and older have a fatality rate more than twice the rate of all ages.' 7. Over 30 percent of collisions at nonintersections involved the pedestrian daring or running on the roadway.' 8. More than half of all pedestrian deaths and injuries occur when pedestrians cross or enter streets.' 9. Over 51 percent of pedestrian deaths and injuries for children aged 5 to 9 occur between intersections.' 10. Better than half the pedestrian/vehicle collisions involving older adults occur at • They increase markedly in winter—in both warm and cold climates—probably because longer winter shadows and dark winter clothing make pedestrians harder to see.' 11. Nearly one out of every four pedestrian/vehicle crashes claims the life of someone 65 or older. Yet older adults represent only 13 percent of the population. Older adults have fewer pedestrian crashes than many other age groups, but when they do, the results are more apt to be serious.' 12. Some 94,546 pedestrians were injured or killed in motor-vehicle collisions in 1992.' 13. In the first year of the AAA Pedestrian Safety Inventory, 127 cities and states submitted reports. This year, more than 2269 cities and states submitted reports.' 14. An average 59 percent of all U.S. cities with populations greater than 100,000 took part in the 1994 AAA Pedestrian Protection Program. Of cities with populations greater than 10,000, 65 percent took part.' 15. The first recorded traffic fatality in the United States occurred in New York City in 1899. The victim was a pedestrian.` 16. Since AAA began developing the Pedestrian Protection Program in 1937, pedestrian • fatalities have dropped from 15,500 to 5,546 in 1992—a 64 percent reduction.' $11 mei 44( °l GON CITY MANAGER'S OFFICE. For More Information, call Barbara J. Smolak, Public Information 697-7421 December 7, 1994 For Immediate Release LAKE OSWEGO WINS NATIONAL AWARD AAA Honors Lake Oswego Pedestrian Program AAA Oregon, President Roger Graybeal, presented Mayor Alice Schlenker with the AAA Pedestrian Safety Citation on December 7th at City Hall. "We're pleased that Lake Oswego was recognized for its efforts to make the roads safer for pedestrians, " said Mr. Graybeal. AAA congratulates Lake Oswego for its safety conscious pedestrian/bike/pathway, which includes an innovative warning tone for the visually impaired at the cross walk in front of City Hall. This is the American Automobile Association's (AAA) 55th annual Pedestrian Protection Award Program. More than 2,200 cities nationwide competed for honors in Outstanding Achievement in pedestrian protection and safety. Lake Oswego is one of only six cities in the state to receive this award. ', ;) 180"A" Avenuy • I'usl Office Bt,> int) • I.tke Oswcg ,Orvgt n 97014 • (r,03) ,3S-0215 • FAX(503)635-0269 Iv - 12/20/44 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA State Representative. Your representative's mailing address and phone number is as follows: Kathy Tri Finance Director City of Newberg 414 E. First Street Newberg, OR 97132 503/538-9421 p3i VIII - A 12/20/94 CITY OF LAKE OSWEGO AGENDA CHECK LIST MEETING DATE: December 20, 1994 SUBJECT; Luscher in Opportunity and Constraints Study ISSUE: Shall City Council recommend the designation of 23 acres of Luscher Farm as a historic resource? OPTIONS: 1. Make designation of 23 acres as a historic resource. 2. Change designation. RECOMMENDATION: Adopt Option #1 DEPARTMENT OF ORIGIN: Parks & Recreation FISCAL IMPACT: NOTICED (Date): PREVIOUS COUNCIL CONSIDERATION EXPENDITURE: REVENUE: $ ]Date(s)]: October 4, 1994 BUDGETED? ACCOUNT ATTACHMENTS: Would the adoption or implementation fulfill an identified City Council goal, past or Staff report, PRAB Minutes, Historic Review Commission present? Minutes, Historic Farm Fact Sheet, Development Cost Estimates, Map, Lower 'Tualatin Valley Homeowner's Yes Association, Inc. Is this a policy for inclusion in the City's policy manual? Yes No X k,puka a+9een we tchk doe 133 v_.O'`_""oSIfr% Department of Parks and Recreation AGENDA ITEM TO: w g Schmitz, City Manager FROM: e Henley, Director Parks and Recreation DATE: December 20, 1994 RE: Luscher Farm Opportunity and Constraints Study The purpose of this memo is to update the Council on the recommendations from the Parks and Recreation Advisory Board, Natural Resources Advisory Board, and the Historic Review Commission regarding the Luscher Farm study. BACKGROUND At the October 4, 1994 Council Work Session, staff and the consultant presented the recommendations of the Luscher Farm Consensus Committee. As you recall, this 12 member committee was established to 1) reach agreement on the amount of acreage which should be designated as historic landmark overlay by Clackamas County; and 2) to identify the appropriate mix of adjacent land uses for the total 57.43 acres. Prior to taking action on the Committee's recommendations, Council requested that public meetings be conducted by the above-named advisory boards and commission to gather additional citizen input and allow the advisory bodies to formulate their positions. An additional request from Council was'an analysis of development costs and annual operating costs for historic component, as well as a similar analysis for the active recreation component facilities. Meetings with the affected boards and commission were advertised in the Lake Oswego Review and letters were sent to the members of the Consensus Committee. • Page 2 The reports and recommendations were presented to Parks and Recreation Advisory Board and Natural Resources Advisory Board on November 16, 1994. Both advisory boards unanimously supported the recommendations in the report. At the Parks and Recreation Advisory Board public meeting, Marilyn Brock, of the Lower Tualatin Valley Homeowners Association, stated that their association was generally in favor of the recommendations, but did have the following concerns. (A portion of the unadopted minutes from the Parks and Recreation Advisory Board meeting and the Historic Review Commission's minutes are attached. Natural Resources Advisory Board's statement will be available at the December 20 Council meeting) 1. Has any consideration been given to off-site and infrastructure impacts of development of the proposed park; such as traffic and circulation? 2. The recommended open space management zone (OSM) change from the current EFU-20 and RRFF-5 will diminish the opportunity for public input on the development of the park. 3. Does the historic landmark overlay (HL) zone regulate use of the underlying zoning as well as the physical elements of the site? Their concern is that the historic integrity of the property within the HL zone will not be compromised and that a monitoring system be in place to insure compliance with established historic criteria. Some general comments regarding the context in which the City-owned property is situated seems appropriate. First, the entire 57 acres lies outside the City's Urban Growth Boundary (UGB). As such, the provision on any urban level service to the site will be extremely difficulty since the City's policy prevents an extension of services to lands outside the UGB. Secondly, the City is sensitive to the need to preserve the rural character of the Stafford-Tualatin region. The Council has taken an official position on this matter as a member of the Stafford Area Policy Task Force. In response to the first concern, I can assure the CPO and Homeowners Association that off-site infrastructure and related impacts are considerations that will be analyzed as part of a more detailed master plan analysis. It is very difficult to assess those impacts until we have a much clearer picture of how the park site is going to be used. Secondly, the advantages of the OSM zone to the City are that it will significantly simplify the development process, thereby reducing the time and associated costs to process and review an application for development or conditional use. In the EFU- 20 zone, recreational uses as well historic uses are conditioned uses. Thereby, any • 136 Page 3 change of use or addition or modification to facilities would necessitate a review and conditional use application process that can be quite uncertain, especially over a long development period. In response to the CPO's concern regarding opportunities for public input; there are a number of instances where public hearings will be required. These are more closely related to the process with the County on the zone change from EFU-20 and RRFF-5 to OSM. The process works is as follows: The City would seek an amendment to the County's Comprehensive Plan text implementing sections of the County's zoning ordinance which will specifically allow the OSM district zoning designation to be applied in the unincorporated areas of the County. The first step would be to request the text amendment with the County Planning Commissioner. Part of that application process would require a formal public hearing on the text amendment. Based on the recommendation of approval by the County Planning Commission, the request for text amendment would then be forwarded to the Board of County Commissioners for review and adoption. If the request is approved by the County Commissioners, then an administrative application for a zone change and comprehensive plan map change will need to be filed with the Planning Commission again. At that time, another formal public hearing will be scheduled to determine the recommendations for approval in light of new comprehensive plan language. If the Planning Commission approves the zone change, then their recommendation is again forwarded to the Board of County Commissioners for approval. If the OSM zoning is granted, applications for development of uses allowed within the OSM designation (recreational) will require only a building permit. In justifying the OSM, the City will need to build a case that suggests primary and future uses of the entire acreage will be for recreational purposes only. Lastly, in addressing the CPO's concern regarding the historic landmark overlay (HL) zone as it pertains to use and preservation of the physical elements of the site, the Clackamas County development and zoning codes stipulate that a historic properties within a historic district or corridor may be used for any use in the underlying zone, providing such use is not detrimental to the preservation of the historic resources. The County has empowered their Historic Review Board to be the overseer of this process to ensure that the goals and policies that protect and preserve historic resources are implemented. Any planned uses, renovation, rehabilitation, or new development in the HL overlay will necessitate a hearing before the County Historic Review Board. l s''l ammisimmitimssmommaNiiimm Page 4 We have been contacted by the Lower Tualatin Valley Homeowner's Association and the Stafford-Tualatin CPO and both groups wish to make comments outlining their position on the Luscher Farm Opportunities and Constraints. Letters should be available at the meeting. It should be noted that Marlys Rutherford was the St afford-Tualatin CPO's Consensus Committee representative. The City's Historic Review Commission conducted a public hearing on December 20, 1994. No citizens commented on the record. The Commission unanimously supported the recommendations of the report. They have asked that the City move ahead to analyze the structural integrity of the barn. In response to their request, we have spoken with Mr. Alfred Staehli, a historic preservation architect in the Portland area. He was hesitant to give cost estimates without knowing the condition of the barn or the types of end-uses we are trying to achieve, but he said that typically the cost of renovating these types of structures are comparable to building a new structure. He quoted $80-100 per square foot, but judging by the cost of recent projects, we might want to raise that to the range of $120-$150 per square foot. Among the improvements that may be necessary in order to make the barn accessible to the public are interior/exterior lighting; performance of a structure evaluation and reinforcement assessment; plumbing, mechanical and electrical, fire code compliance, i.e. sprinkling; and handicapped access such as ramping. A detailed cost estimate would cost anywhere from $5,000 for basic site visitation and base sheet production to approximately $20,000 for historic structures analysis similar to the one produced for the Hanley Farm in Jacksonville Oregon. Again, this type of detailed structural assessment would be an integral part of a master plan. FINANCIAL INFORMATION Council also requested financial information for historic and active recreational facilities. Staff prepared the attached "Historic Farm Fact Sheet" which identifies six representative historic properties located in Oregon, Washington and New Jersey. Of significance are the uses of the farms. They are primarily for school programs, picnics, workshops, special meeting sites, living museums, and large family-oriented gathering places. Also of significance are the funding sources. There is significant subsidy from local governments. Most are open year-round; fairly well attended, especially the Kelsey Creek Farm in Bellevue, Washington. This spring, the City's Historic Review Commission is planning a field trip to tour the Kelsey Farm. Staff developed an extremely rough development budget estimate (attached to this report) for the 34 acre active sports and passive recreational areas. It must be i3 Page 5 understood that at this time we don't have a clear picture of the size and scope of the uses, as well as facilities needed to support them. This type of detailed analysis is typically incorporated in latter stages of master planning as facilities and uses become more well defined. Maintenance costs are estimates until a more concrete design is established. However, for athletic field maintenance, we can estimate approximately $7,000 per acre per year covering turf and dirt play areas only. General park maintenance is significantly less, ranging from $3,500 - 4,000 per acre per year. Natural areas can range anywhere from $500 - $1,500 per acre per year depending on location and usage. Marginal maintenance costs are included for each development project proposed in the Capital Improvement Program. ACTION/RECOMMENDATION 1. Adopt the plan and recommendations as presented by the Luscher Farm Consensus Committee in the Luscher Farm Opportunities and Constraints Study. 2. Request staff to prepare a recommendation to the Clackamas County Board of Commissioners to designate the 23-acre Fletcher Farm Land Claim as a historic resource and apply a historic landmark overlay zone. MIKE\REPORTS\LUS111294.Doc st' 1 ' ) PARKS AND RECREATION ADVISORY BOARD November 16, 1994 MEETING MINUTES ROLL CALL Chair Mary Olson called the Parks & Recreation Advisory Board regular meeting of Wednesday, November 16, 1994, to order at 7:07 p.m. in the City Council Chambers. Mary Olson, Don Patch, Tom Atwood, Iral Ragenovich, Gary Evans, Parks Superintendent, and Mike Henley, Parks & Recreation Director, were present. II. APPROVAL OF MINUTES A. September 21, 1994 A motion was made and seconded to approve the September 21, 1994 minutes as written. A voice vote was taken and the motion passed unanimously. Chair Olson suggested placing the issue of the Adult Community Center funding on the January agenda. B. October 19, 1994 A motion was made and seconded to approve the October 19, i994 minutes. A voice vote was taken and the motion passed unanimously. III. COMMUNICATIONS A. Written - None B. Oral Mike Henley. Director of Parks & Recreation, reported to the Board and made the following points: • Because of the numerous development projects underway, this fall and winter were not the slow time they usually were for the department; • The development projects included: • Roehr Park restroom and lighting - out to bid; • Waluga Park Phase 2 (athletic field improvements) - out to bid; Westlake Park support buildings and dugouts - out to bid; • Adult Community Center storage shed - out to bid; • George Rogers playground equipment - out to bid in January; • ADA transition plan for the park system - out to bid; Parks &Recreation Advisory Board Page 1 of 7 November 16, 1994 • i41 Freepons Park construction - out to bid in March; Lakeridge High School soccer field rehabilitation - design engineering services ready to go to Council; - Staff has been waiting for the Palisades Neighborhood Association to complete a wetlands determination (which should be done next week). IV. GENERAL BUSINESS A. New Business 1. Volunteer of the Year Award - Continued to December 2. Public Meeting on Luscher Farm Mr. Henley presented the staff report on Luscher Farm, and made the following points: • This was one of the public meetings being held at Council's direction regarding the draft recommendations in the Luscher Farm Task Force's report; • Reviewed the locations of the Luscher Farm/Taylor/Farr property purchases, their zoning (EFU-20, RRFF-5), and their topography; • As a property owner in the county, the City was subject to compliance with the Clackamas County Comprehensive Plan policies and development zone regulations; • Reviewed the chronology of events surrounding the purchase of the properties, beginning with the 1990 parks and recreation master plan calling for the acquisition of property in the Stafford Triangle area through the Opportunities and Constraints study completed by the Luscher Farm Task Force (10/94); • The recommendations of the Task Force were: • To designate 23 acres of Luscher Farm as an historic overlay district; • To adopt the general guidelines of the land use recommendations for the entire site (Fig. 8); • To prepare a specific master plan prior to development; • To amend the Clackamas County Zoning map to designate the entire site as an Open Space Management District; • An historic overlay district designation protected the site by restricting the uses to those which maintained the historic integrity of the buildings and physical integrity of the site as an historic resource; • Reviewed the layout of the land use recommendations (23 acres historic, 24 acres active recreation, one acre wetland, and a nine acre transition zone of passive recreation uses); • The master plan would contain the specific planning of what went where; • In an Open Space Management District, all the proposed uses were primary uses and would not have to go through the costly and time-consuming County conditional use process for each phase of development (which the Parks & Recreation Advisory Board Page 2 of 7 November 16, 1994 • 4 i w EFU-20 zoning required on the Luscher property and on three acres of the Taylor land); • Reviewed the next steps: • Presentation of the recommendation and financial analysis to Council; • Continuation of the original land use hearing at the Clackamas County Board of Commissioners; • Naming of the park; • Beginning of the master plan to identify issues and to provide cost estimates; • Suggested using a process similar to that of the Lusher Farni Task Force in master planning the park to insure community involvement. Chair Olson opened the hearing up to public testimony. Marilyn Brock. North Stafford CPO representative, stated that they were in favor of the historic overlay but had concerns regarding the designation to OSM of the historic farm precisely because changes could be made without public input. Mr. Atwood explained that any changes made to a designated historic overlay had to go through the County's Historic Review Board, regardless of what the zoning was. Ms. Brock asked if that included the land or simply referred to the buildings. Mr. Atwood agreed that that was a point that needed clarification. The discussion went back and forth as to whether or not the land and its uses was included in the historic overlay. Mr. Henley noted that the Historic Review Board was holding their hearing on December 8, and that their staff person could answer Ms. Brock's question. Mr. Patch asked Ms. Brock what she thought the 23 acre farm would look like. She stated that she understood that some of the things proposed could not be done by a city, if only for liability reasons. They hoped that it could be maintained as an historic farm but she did not know whether that was realistic or not. She stated that they were concerned about restrictions on their lands and the traffic impact. Mr. Atwood suggested getting a legal opinion from the City Attorney clarifying what protections the historic overlay offered. Karl Rhode. LONAC Representative, directed attention to the position statement LONAC sent to the Council; they wanted to maintain the overall rural character of Luscher. Mr. Henley commented that this was a major undertaking that would take a long time. Parks & Recreation Advisory Board Page 3 of 7 November 16, 1994 143 Mr. Atwood asked why the LONAC vote on adopting their position statement was split. Mr. Rhode stated that there was a group who wanted to make sure that the historic property was not retained only as farm use; they thought that there might be other uses that did not jeopardize the rural character. However, the group agreed to support the decision of the majority. In answer to Mr. Patch's questions, Mr. Rhode stated that they had not defined "open space" and that whether or not a ball field meant open space depended on how the field would be constructed. Chair Olson closed the hearing to public testimony. Mr. Atwood concurred that the Task Force decision came from a consensus of the different interest groups. He commented that the concern about how much protection the historic overlay gave came up frequently and was the only real concern; he reiterated the need to clarify the issue. The Board discussed whether or not the historic overlay meant only the buildings or the land and its use. Mr. Henley suggested having staff research the concern prior to the Historic Review Commission's December 8 meeting. Mr. Atwood expressed concern about the thickness of the transition zone, and what uses could be placed in it on the active recreation side. Mr. Henley stated that the uses were design related, and that the width of the zone was not specified, only that there be a nine acre transition zone (which would be conditioned by the overlay district). Mr. Atwood moved that the Board accept the report as written and recommend to the City Council to accept it as is. Ms. Craig seconded the motion. A voice vote was taken and the motion passed unanimously. Chair Olson noted that staff would do further research before the Historic Review Commission's meeting. 3. Maintenance Division Update Kay Kinvon. Maintenance Division, reported to the Board and made the following points: • The Maintenance Division was part of the Department of Maintenance Services (in terms of personnel) but was primarily funded through the parks & recreation levy; • The three main sections of the Division were Parks Maintenance Operations, athletic fields and the golf course; • Parks Maintenance Operations: Included parks, open spaces, special facilities (i.e., Adult Community Center, Tennis Center, Water Sports Center); Parks& Recreation Advisory Board Page 4 of 7 November 16, 1994 144 r„R fi, • \. •- i Minutes CITY OF LAKE OSWEGO HISTORIC REVIEW COMMISSION December 8, 1994 CALL TO ORDER & ROLL CALL Vice-Chair McGuire called the meeting to order at 7:15 p.m. Commission members present were Von Watson, Jean McGuire, Howard Shapiro and Pat Collmeyer. Christine Smith arrived at 8:30 p.m. Barbara Sherman and Nina Beardsley were excused. Staff members present were Catherine Clark, Associate Planner; Mike Henley, Parks and Recreation Director; and Yvonne Falconi, Senior Secretary. Also attending were Wilma McNulty, Herald Campbell and George Bergeron. IL NEW BUSINESS 1. Luscher Farm Report Catherine introduced Mike Henley, who explained that in April of this year, a group of twelve stakeholders met to identify the mix of land uses for the Farm that they would recommend to the City Council. HRC's Pat Collmeyer and Nina Beardsley were both involved in the group. Comments and suggestions from tonight's meeting will be added to those from similar meetings of the Natural Resources Advisory Board and the Parks and Recreation Advisory Board, and will be presented in a report to the City Council on December 20. The Council will then forward their recommendations to Clackamas County. Mike said that when Luscher Farm was acquired by the City, they were approached about acccpt:ng a Historic Landmark designation. The Historic Review Commission was in favor of the designation, the Parks and Recreation Advisory Board was not. After realizing that the site could accommodate a large range of uses, the City then decided to form a study group to develop a plan. After months of consideration, the group recommended the following: • Designate 23 acres Historic Landmark Overlay in the Clackamas County Comprehensive Plan. This would require all uses, alterations and new development to be reviewed and approved by Clackamas County's Historic Review Board. • Set up activity zones. Active recreation would utilize 23 acres of the site; the rest would consist of passive recreation areas with picnic areas and pathways, buffer zones, tree groves and the one acre wetland area. 'I r. A :J • Apply to rezone the site from EFU 20 and RR to Open Space Management zone for the recreation areas. This would require a text amendment to the County's Comprehensive Plan. If left at the present zoning,every change to the property would require approval by the County. Mike went on to say that the Parks Department has the funds to hire a consultant to do the master planning, and that this will be a long-term project with traffic circulation and parking issues. Wilma McNulty asked if the quadrant of land to the south east of the site would be available to the City in the future. Mike said that it is a 30-acre parcel with a single owner, but it would he difficult for him to speculate. Jean McGuire asked if there were any timelines for phases of development. Mike said that will depend on the Council's directive,but the PRAB is committed to the project and would like to move ahead on the possibility of developing the athletic fields. Pat asked how the development would affect Mr. Luscher, since he is still living on the property. Mike said that Mr. Luscher would be kept informed of all plans. He didn't think that the construction would be too disruptive to Mr. Luscher since he is often traveling. Wilma said she was concerned that the barn might need extensive repairs. Mike said that a special consultant will need to be brought in to assess the needs of the historic buildings. Pat mentioned that the Hanley Farm in Jacksonville Oregon was doing some repairs to their buildings, but no renovation. She thought that Farm was probably older than the Luscher Farm. Wilma added that she felt that citizens in the community might he willing to help out. Von asked if there was any concern about deterioration of the buildings,and if certain repairs could be made. Mike said that repairs could be made, but suggested doing the structural assessment first. Mike said that he needed the HRC to either concur with the findings of the study group or specify any conditions they felt were necessary. Howard suggested placing timeframes such as Immediate, Intermediate, and Long Range on necessary tasks so that the buildings don't collapse. Von said that he had spoken with some people from the Kelsey Farm in Bellevue, and that they offered to help guide Lake Oswego through the political process. Mike added that SHPO was also willing to help,possibly with matching funding. Pat mentioned that the mission of the study group was to designate the division of property, but not the specific uses. The HRC's task tonight is to approve or disapprove the recommendation of the subcommittee 1t Pat Colimever moved to approve the Luscher Farm Study Groin's recommendation. Howard Shapiro seconded the motion. and it passed with all members voting yes. 2. Tour of Kelsey Creek Farm Catherine suggested that the HRC, PRAB and City Council might be interested in touring the Kelsey Creek Farm to get some ideas about how a successful farm with multiple uses is managed. Von said that the farm is very similar to the Luscher Farm and agreed that it was a good idea. Pat said she has spoken to the Parks Director there, and he is willing to speak to the group. She volunteered to call the PRAB members and will report at the January meeting as to how many would like to participate. 3. Event Planning Catherine told the group that several days ago she received a letter from George Bergeron requesting to be considered as the consultant for the 1995 event. She asked Yvonne to look over her notes from the October meeting and refresh the Commission's memory as to their discussion regarding the event. Yvonne gave a brief summary: the architecture would be the most interesting aspect in First Addition, therefore, Jane Morrison would be a good choice because her focus is architecture. The HRC directed Catherine to call Jane and see if she would be interested/available. If not, Katie McClintock would be an alternate. Catherine reported that she had spoken to Jane, who was interested and excited about the project. She suggested that the HRC go into executive session to consider the qualifications of both candidates. Because the hiring of consultants must be done by staff, the Commission would recommend their choice to her. She suggested that the Commission first discuss the criteria by which they would make their recommendation. The following criteria were determined to be the deciding factors: • research capabilities • ability to give an interesting and informative presentation • ability to lead the walking tour • knowledge of architectural styles The commission felt that history of the First Addition would not he the main focus of the event; that would be more appropriate for the "Back to Business" theme they may want to use in the future. However, historical facts can be incorporated into the presentation, perhaps with historical trees in the area. 1 - 1 HISTORIC FARM FACT SHEET NA.YIE: LOCATION: ACREAGE: USES: FUNDING SOURCES: OPEN: ANNUAL DEVELOPMENT NOTES: ANNUU.OPER►PING NOTES: ATTENDANCE: COSTS: COSTS: Dons Ranch Eugene.OR 250 ac. School programs,picnic areas, City/County:50% All year I2.00(1 (20 surrounding bids.) workshops,hiking meeting Orchards, S I 10.000 Included pies. Restraints. S 152,000 2 pail-es:staff ai(2 hill-time, , (125 designated area,OR history,special Admission:5•10% newflo Wes,info.kick, historic) events Grants Boor and re-wired 2 •l •)maintenance, curriculum materials, Animals bum. No hat in barn marketingof except wood stow produce, utilities. (Any capital costs Hanley Farm )aeksonvillc. 40 u.in EFL,zone tnndnl through grants) Tuition based classes, S.Oregon Historical 1996 Not currentl moment OE No animals special eventsc Y f40,000 per year Classesw/ ' 56,000-57,000 utilities Does not include staff time Society, opening open,but for neat couple development too help help fund: S7,00048,000 auriculum per I nslI• me miminamoe Grants severely limited years "how to storm a found- materials person.person. p I pat-timme director,a by conditional llots,•for example. use stipulations 2 andpcollectrt•time programing Howell Living Titusville, 126 ac.plus 4 rented collations staff Farm chores,planting County:86% 10 mons s 40,0W • History Farm NJ animals harvesting. Minimal because No regrown facilities, $7S0,(JW (6 of this is staff salaries: special events, Produce revenue no initial improve- Pon 1 +•) hatchery program,feedingm (still use o (6 full time,independent3 pan-time,and animals,Mitt,stern program mems were made. building reedoteed structurally but not a0T0contract- animals, small farm technology. as,)t1/3ea is militia and remodeled applies. Note:this is supplemented by 12,000 bows of volun• toes time and by live-in interns that serve as the Kelsey Creek Bellevue. 80 acres(10 pasture) School programs,workshops, City:100% all year 'farm family" Fant WA Animals290,(100(gramsI Opened in 1960's f]O(1,000 $106,000 Programa picnicking,special events. school programs) hiking preschool,daycanps $606,000 farm conn 560,000 maintenance Pomeroy Farm Yacolt,WA 60 ac.(4 farm School programs,festivals, Friends Chou buildin D. sprinyfell 4,000 kids Family faint opened with S50,000460,000 Includes 1.pan time stag, Bs) museum displays,hayrides, Admission, (tours) hands-an farm activities, nod development coats. Gin slap rent. lune(ky. maintenance,program costs, theater,giftshop Grants (public) utilities. Ferrell 5.1cGorder Redmond, 2 ac.(part 0168 ac.park) fann•related classes(nding etc.) CJty:50% Farm WA Some animals April-fall Donated to Cny in 1970'a SSO,t1W family activities,drop-in fano Program revenue:50% Doesn't include 3/4 time cafarmhouse. taker,seasonal mint.staff visits,preschool in far Maintained in conjunction w/ren apart( Does include program costs. `._, t4-a Gm Luscher Farm Active Sports and Passive Recreation Development Cost Estimates Group 1 Sports Fields Support Facilities $1,885,000 i.e. 4 fields for baseball, softball with i.e. restrooms, lights, sports courts, soccer overlays seating, drainage, irrigation Group 2 General support amenities Parking lots, signs, benches, trash $560,000 receptacles, roads and landscaping Group 3 Natural Areas Trails, i.e. paved, natural, pathway $385,000 lighting and wetland restoration Group 4 Picnic facilities Shelters, tables, barbecues $100,000 Group 5 Play equipment Two separate lots $150,000 Estimated Direct Costs $3,080,000 Processing costs Permits, application fees, SDC's etc. $25,000 Infrastructure water extension, additional $440,000 costs irrigations, signalization, demolition Design and Approximately 8% of project costs $285,0000 Engineering fees Estimate of Indirect Costs $750,000 Estimate of Project Costs $3,830,000 . . .. . , elk ,-,.--_ , . j�: - , .. ,_ .../ f,-,-, 41-taJ .11 ,....fv-11 I., -- WETLAND J; litipicYJ1 :Z-_-: ON' / NE OSfyl • • / - ACTIVE ' / , . RECREATI N 24 Acres ' NEW ZONE OSM e le e .." i/ r ■ 11 , / 5' � sASSIV — )ii (-, ' ECREATION " / 'LON s S I.. s 7 m.4j� 7 lire - PLANsrru)N nRGn VIIIMPIPIIIII '— - SOUTHERN .BOUNDARY OF BULL DONATION LAND'CLAIM OF ,t866 HISTORIC F • ARO 23 Acres 1 1NEW zoIVE OSM FIGURE 8 IIIL..41 -`"HLSTORIC OVER Y I `��1J ir$ '' J rV�1 o sd ,� RECOMMENDATIONS 4)1'1'1)I1 1 1 \I 1 11 ,104,4 ,c 1 (1\ti111 \1\ 1ti }�l. y ‘ \ `411%, E 1 -. 'V�r. w 1 I ,usclier 11 arm I Ohl t i,,, I c.t , il.l ,. tiU ` ~y 15U *JO '44111 c 41:111 Lower Tualatin Valley Homeowner's Association, Inc. A Non-profit Corporation 20401 Prindle Road Tualatin,Oregon 97062 December 14, 1994 Lake Oswego City Council Lake Oswego City Hall P.O. Box 369, Lake Oswego, OR 97034 Dear Councillors : Please review this letter at your Dec. 20 meeting. Our organization represents the residents of the lower Tualatin valley in the unin- corporated area, which is also the location of the Luscher farm. We have several concerns with regard to your draft study, Opportunities and Constraints Study, The Luscher Farm. On page 5-2, last paragraph, it is correctly stated that in order to have a park and recreation area in an EFU-20 zone under 401-06 B. 11 C Conditional Use Public Hearing Review is required. However, on page 5-3 second paragraph, there is discussion of changing both the RRFF-5 and the EFU-2•) to Open Space Management. From previous legal opinion it is our under= standing that you cannot change the zoning of Agricultural EFU-20 land, which the Lurcher Farm is, without a hearing, an amendment to the County Comprehensive Plan, and the approval of the Department of Land Conservation and Development. We also understand that there are at present no Open Space Management areas outside of the Urban Growth Boundary. We note that in contrast to the City of West Linn, the city of Lake Oswego did not choose to place this potential park land in the Urban Reserve Study Area of Metro 2040. Hence, the zontng of this area will remain a county function. At either a conditional use hearing or a hearing to change the agricultural EFU-2.0 zoning, we believe that the City of Lake Oswego should have a Master Plan already pre- pared and ready for review which discusses the concerns of the residents of the area : 1. Management of vehicular traffic. 2. Provision of adequate parking. 3. Plans for access of participants across Stafford Road, a busy arterial. 4. Plans for additional intersection lanes and signal light at Stafford and Rosemont. 5. Complete plans for lighting of fields in a manner which does not interfere with the residents. 6. An estimate of the total number participants and the method of controlling /crowds. 7. Provisions to be made for sewage management. S. All other considerations in the management of a large athletic complex, park and historic farm. le would like to see serious planning before approval is given for any zoning changes. As rural residents there are portions of the Luscher farm which we do not consider to be historic, but do support planning and also support your provisions for an athletic complex to meet a demonstrated great need. Sincerely?"/1/74, K. H. Wrig , President cc: Clackamas County Commissioners Stafford-Lower Tualatin CPO 1J1, IX - A - 1 12/20j94 ORDER 1092, AP 94-03, Three appeals of a planning commission decision for approval of an ODPS and planned development and approval of a two-parcel minor land partition. The site is located at 3811 Carman Drive (ODPS 1-90 \ PD 6-92 \ SD 2-92-1056). The City Council voted 4-1 (Holstein voting no, Puskas excused) at their November 10, 1994 meeting to approve the OPDS with conditions. ') 3 CIN OF LAKE OSWEGO AGENDA CHECK LIST Meeting Date: December 20, 1994. SUBJECT: AP 94-03-1093 (Glenn Gregg, Trustee/Richard b. Wilmot). FINDINGS, CONCLUSIONS & ORDER. THREE APPEALS OF A PLANNING COMMISSION DECISION APPROVING AN ODPS TO CONSTRUCT A SIX PHASE PLANNED DEVELOPMENT AND APPROVING A 2-PARCEL MINOR LAND PARTITION. THE SITE IS LOCATED AT 3811 CARMAN DRIVE (ODPS 1-90\PD 6-92\SD 2-92-1056). ISSUE: Do the proposed findings accurately articulate the Council's decision on the above-noted request? OPTIONS: 1. Adopt findings. 2. Modify findings. 3. Reject findings. RECOMMENDATIONS: Adopt option 1. DEPARTMENT OF ORIGIN: City Attorney/Planning Department. FISCAL IMPACT $ NOTICED (Date): with agenda. EXPENDITURE $ PREVIOUS COUNCIL CONSIDERATION: REVENUE $ Council made its preliminary decision at its November 1 and 10, 1994. BUDGETED? YES NO ACCOUNT # ATTACHMENTS: Would the adoption or implementation fulfill an identified City Council goal, 1. Findings AP 94-03-1092 past or present? (City of Lake Oswego) NO . Is this a policy for inclusion in the City's policy manual? Yes^ No X . WP51\Findings\Agenda.Lst J 1 BEFORE THE CITY COUNCIL 2 OF THE CITY OF LAKE OSWEGO 3 4 THREE APPEALS OF A PLANNING ) 5 COMMISSION DECISION ) APPROVING AN ODPS TO ) AP 94-03-1092 6 CONSTRUCT A SIX PHASE PLANNED ) (Glenn Gregg, Trustee/ DEVELOPMENT AND APPROVING ) Richard B. Wilmot) 7 A 2-PARCEL MINOR LAND 8 PARTITION. THE SITE IS ) FINDINGS, CONCLUSIONS & ORDER LOCATED AT 3811 CARMAN DRIVE ) 9 (ODPS 1-90\PD 6-92\SD 2-92-1056] ) 10 11 NATURE OF APPEAL 12 This proceeding is a result of appeals filed by three appellants (the Holly Orchard 13 Neighborhood Association, Mt. Park Homeowners Association and Pfeiffer Farm Homeowners 14 Association) of a decision of the Planning Commission approving an Overall Development Plan 15 and Schedule (ODPS) to develop a 73-unit, independent living, residential community for the 16 17 elderly in six phases, and a Planned Development (PD) overlay to allow the 73-unit multifamily 18 project. The Planning Commission also approved a 2-parcel minor land partition to legalize two 19 Tax Las in separate ownership. Because the appeals involved the same application, they were 20 consolidated into one proceeding. As part of its response to the appeals, the applicant also raised 21 several assignments of error regarding specific conditions imposed by the Planning Commission. 22 The proposed development is located at 3811 Carman Drive (Tax Lots 10600 & 10601 of Tax 23 Map 2 1E 5CD). 24 25 1 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page (ODPS 1-90\PD 6-921SD 2-92-1056) .affray a Candi Cay AbsMy•My W UM haw MC'A.Avenue•I.O.Sen N0,Lea Osswgs.Ocopsn 070N (100)0101$ FAX MGM WAIN 1 HEARINGS 2 The Planning Commission held a public hearing and considered this application at its 3 meetings of February 14 and February 28, 1994. The City Council held a public hearing and 4 • considered the appeals at its meeting regular meeting of November 1, and at its special meeting 5 of November 10, 1994. 6 ? CRITERIA AND STANDARDS 8 A. City of Lake Oswego Comprehensive Plan: 9 Distinctive Natural Area Policies 10 General Policy 1, Specific Policy 1 & 2 11 Impact Management Policies General Policy I, Specific Policy 1, 2, 3, 4, 5 & 6 12 General Policy II, Specific Policy 1, 2, 3, 4 & 8 General Policy III, Specific Policy 1 13 14 Pedestrian Pathway Policies General Policy I, Specific Policy I & 2 15 General Policy II, Specific Policy 2 16 Potential Landslide Area Policies 17 General Policy 18 Protection Open Space Policies General Policy I 19 General Policy II 20 Residential Choice Policies 21 Residential Site Design Policies 22 Stream Corridor Policies General Policy III 23 24 25 26 2 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page I ODPS 1-90\PD 6-92\SD 2-92-1056) Jenlry a Candi, pry Anus,•Ott al L .Oerege Mo•*. Arian.•P 0.Ss Mo.Lel.O..eGe.(*.yn •TOM (SSS)US-0225 FAX(SOX){AT tSM 1 Transportation Policies General Policy I, Specific Policy 2 & 3 2 General Policy II, Specific Policy 1 3 General Policy III, Specific Policy 3(a) & (b) General Policy IV, Specific Policy 3, 5 , 6, 7 & 8 4 General Policy V, Specific Policy 5 General Policy VI, Specific Policy 3 5 General Policy VII, Specific Policy 1 General Policy VIII, Specific Policy 3 6 Wetlands General Policy I, Specific Policies 1 & 2 8 General Policy II, Specific Policy 1 9 Wildlife Habitat Policies 10 General Policy II, Specific Policy 1 & 2 11 B. City of Lake Oswego Development Ordinance:' 12 LOC 49.090 Applicability of Development Standards LOC 49.150 Phasing, ODPS Required 13 LOC 49.220 - 225 Minor Development Procedures 14 LOC 49.300 - 335 Major Development Procedures LOC 49.400 - 435 Overall Development Plan and Schedule 15 LOC 49.610 Quasi-Judicial Evidentiary Hearing LOC 49.615 Criteria for Approval 16 LOC 49.620 Conditional Approval 17 C. City of Lake Oswego Historic Preservation Ordinance: 18 LOC 58.14O Major Development, Other than Alternations 19 D. City of Lake Oswego Zoning Ordinance: 20 21 LOC 48.120 - 155 R-5 Zone Description 22 23 ' This application was filed prior to the recent amendments and re-formatting changes to the Lake Oswego Code. The references to Code provisions in this section and this order reflect 24 the Lake Oswego Code, Comprehensive Plan and Development Standards in effect at the time 2 5 of application, as required by ORS 227.178. 26 3 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) r...,U Condi Gry ueue.., CAP/o4 t we.O...•■o a■■•1•A.am. /0 Om a0.1.1.U...ao,(h.ann VDU Me)111•0273 FAX @oq••i-4644 1 LOC 48.470 - 490 Planned Development Overlay LOC 48.530 Vision Clearance 2 LOC 48.549 Specific Standards for Special Use Housing 3 E. City of Lake Osweao Develonment Standards: 4 2.005 - 2.040 Building Design 5 3.005 - 3.040 Stream Corridors 4.005 - 4.040 Wetlands 6 5.005 - 5.040 Street Lights 6.005 - 6.040 Transit System 7.005 - 7.040 Parking & Loading Standards 8 8.005 - 8.040 Park and Open Space 9.005 - 9.040 Landscaping, Screening and Buffering 9 10.005 - 10.040 Fences 10 11.005 - 11.040 Drainage Standard for Major Development 14.005 - 14.040 Utility Standard 11 15.005 - 15.040 Erosion Control 16.005 - 16.040 Hillside Protection 12 18.005 - 18.040 Access Standard 19.005 - 19.040 Site Circulation - Private Streets/Driveways 13 20.005 - 20.040 Site Circulation - Bikeways and Walkways 14 F. City of Lake Oswego Tree Cuttinil Ordinance: 15 LOC 55.080 Criteria for Issuance of Permits 16 17 CONCLUSION 18 The City Council agrees with the Planning Commission's conclusion that ODPS l-90\PD 19 2-92\SD 6-92-1056 can be made to comply with all applicable criteria by the application of 20 certain conditions, as modified by this Order. The appeals are therefore denied in part and 21 approved in part. 22 FINDINGS AND REASONS 23 The City Council incorporates the May 14, 1993, staff report, as well as the January 13 24 25 26 4 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page (ODPS 1-90\PD 6-92\SD 2-92-1056) .MM.,Q.camel My Albnq•Op a Loa 141'A'Avenue•P.O.M 106.Labe 0*wpm,Mogan 17111 (10.1)1060221 FAX(SW)11117.1111114 ■ 1 and June 23, 1994, staff memoranda on ODPS 1-90\PD 6-92\SD 2-92, in support of its decision, 2 as well as the entire record of the proceedings before the Planning Commission and all of the 3 exhibits that were submitted to both the Planning Commission and Council. in addition, the 4 Council finds as follows: 5 1. The subject property is located north of Carman Drive and totals ten acres, 6 7 consisting of tax lot 10600 (1.25 acres) and tax lot 10601 (8.75 acres). The property is zoned 8 R-5 (Residential - 5,000 square foot minimum density). Tax lot 10600 is owned by Richard 9 Wilmot and tax lot 10601 is owner by Glen Gregg, Trustee (the applicant). The parcels were 10 created in 1979 without minor partition approval as required by the Lake Oswego Code in effect 11 at the time. The two tax lots are therefore not separate legal parcels. The minor partition (SD 12 2-92) is therefore required to legalize the two lots. 13 14 The historic Waters Carman house is located on tax lot 10600, and the entire 15 property is designated as an historic landmark on the City of Lake Oswego's Historic Landmark 16 Designation list. Tax lot 10601 was formerly designated as part of the landmark, but that 17 designation was removed by action of the City Council on July 7, 1992, subject to several 18 conditions requiring development on the site to he compatible with the historic site (HR 7- 19 90(A)/7-90(B)1. 20 1 Tax lot 10601 is the site of the proposed 73-unit special use housing project for the 222 elderly, although portions of the access road and internal street system are proposed to he located 23 on Tax Lot 10600. The property -slopes south and west, and is surrounded by single family 24 residential development to the west (Pfeiffer Farm Planned Development), to the north, and to 25 5 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page IODPS 1-90\PD 6-92\SD 2-92-1056) Away o Gnat CO.Yrr.w•Off el l..O..p. WO•N b.1..-P.0.M OW.LOA Os .O'.pw WOW MM WW2 PM WOW 0074004 1 the east (Mountain Park Planned Unit Development). The Carman Oaks Retirement Center, an 2 assisted living multi-family center for the elderly also owned by the applicant, is located across 3 the Carman Drive to the south. 4 Tax lot 10601 contains several natural resources, including a spring fed pond, a drainage 5 swale, several large walnut trees and a distinctive stand of fir trees on the northeast corner of the 6 site. The pond was constructed in the early 1960's without obtaining appropriate permits from 8 the State of Oregon Water Resources Department, and has been drained under an order issued 9 by that Department. The pond and drainage way have been identified as jurisdictional wetlands 10 by the applicant's wetlands consultants. The fir grove is designated in the Lake Oswego 11 Comprehensive Plan as a Distinctive Natural Area (DNA). The project consists of 14 small scale 12 structures (referred to as "garden apartments"), each containing 4 to 6 two-bedroom, two-bath 13 14 units ranging in size from 1,224 to 1,310 square feet. The buildings are two stories tall, but are 15 designed on a slope so that each unit is accessible at grade, in order to eliminate stairs. An 16 attached single car garage and one or two parking spaces is provided for each unit. Additional 17 open parking areas arc provided throughout the development. Several greenhouse pavilions and 18 gazebos are also proposed. In all, over 55% of the site will he retained in landscaping and open 19 space. Access to the units will be provided by two main two-way streets in the center of the site, 20 21 and two perimeter one-way streets on the west and east sides of the project. 22 2. The Planning Commission approved the following three development permits: 23 a. An Overall Development Plan and Schedule (ODPS) to construct a six-, 24 phase (73) unit special use housine protect for the elderly (ODPS 1-90). The housing project for 25 26 6 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) JMUq G.Orad, Cary AMomoy•Ply d LIM Omega WO'A'•••n.•1.0.M IN,Lob awes.Onion I103. ON)MAIM FAX(IAM NI•YN 1 the elderly qualifies as a "special use housing" project pursuant to LOC 48.549. Special use 2 housing is a permitted use in the R-5 zone. 3 The applicant proposes to develop the property in six phases over a five year 4 5 period. LOC 49.150 permits any major development to be development in phases, hut requires 6 such projects to obtain an ODPS pursuant to LOC 49.400 to 49.435. Pursuant to LOC 49.410, 7 the purpose of an ODPS is to assure that the proposed development, considered as a whole, will 8 conform to applicable comprehensive plan and development standards, assure that the individual 9 phases will be properly coordinated,and provide for preliminary approval of land uses,maximum 10 potential intensities or densities, arrangement of uses, open space and resource conservation and 11 12 provision of public services of the proposed development. Finally, the ODPS is intended to 13 provide the developer with a reliable assurance of the City's expectations for the overall project 14 as a basis for detailed planning and investment. Pursuant to LOC 49.430, an ODPS qualifies for 15 approval if it: Provides an overall plan which is properly related to and preserves natural features 16 and resources consistent with LOC Chapters 48 and 49; provides for land uses and intensities that 17 are consistent with the Comprehensive Plan, LOC Chapters 48 and 49, and with planned• 18 capacities of public facilities; and provides clear guidance for the specific design and coordination 19 20 of future phases. 21 Pursuant to LOC 49.405, once an ODPS is approved for a proposed development, 22 it becomes the guiding document for subsequent development of the phases. Each phase is 23 required to obtain a separate development permit, which must comply with the ODPS and with 24 any additional Comprehensive Plan and Development standards not governed by the ODPS. 25 26 7 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS I-90\PD 6-92\SD 2-92-1056) �l.y O.cme■ Gb Anvo■■y•City of Ld.0....90 WS•1•Avows•P.O.ear$M.L. O.wao.0.9... emu OM MAYS fox(SOISfl 1154,4 ■ 1 Compliance issues with the Comprehensive Plan and Development Standards resolved at the time 2 of ODPS approval may not be challenged during approval process for subsequent phases. 3 Compliance issues not addressed or resolved by the ODPS or which are specifically left open for 4 determination at the development review phase may be raised during subsequent phase approvals. 5 b. A planned development overlay (PD) to allow the 73-unit multifamily 6 oroiect(PD 2-92). LOC 48.470(2) requires a residential development of 20 or more units or four 8 or more acres to be processed pursuant to the Planned Development Overlay provisions of the 9 Zoning Code, LOC 48.470 to 48.490. 10 c. A partition to separate tax lot 10600 from 10601 (SI) 6-92): As noted 11 above, this partition is necessary to legalize the two separate tax lots. LOC 49.105 prohibits 12 issuance of development permits on illegally created lots unless they are legalize pursuant to the 13 14 standards and criteria in effect at the time of application. 15 ODPS and PD applications are defined as "major developments" pursuant to Lake 16 Oswego Code 49.145 and partitions are defined as "minor development" pursuant to L()C 49.140. 17 The permits were reviewed concurrently pursuant to LOC 49.110. 18 3. Although the three appellants list SD 6-92 as part of the title of application in their 19 notices of intent to appeal, the notices raise no issue or assignment of error regarding the minor 20 21 partition. No appellant or other person who spoke at the public hearing before the Council 22 contested the compliance of the requested partition with the applicable criteria. Based upon the 23 recommendation of staff and the analysis of compliance with the applicable criteria contained in 24 the above referenced staff reports, the Council concludes that SD 6-92 complies with the 25 26 8 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page I ODPS 1-901PD 6-921SD 2-92-1056) kw n caw, COe AMsrasr-coy a Lae OsssOs PO'A'Meow-P.O.SIN 3*Lsr Oemeepe Orion MPS ISOs)13U0275 f X OM 11104SO4 1 applicable criteria. 2 4. The appellants and other opponents argued that the 73-unit project is too dense, 3 and is thus incompatible with the surrounding single family neighborhood. 4 As noted above, the site is zoned R-5, a high density zone which authorizes 5 density up to one unit per 5,000 square feet. LOC 48.12( to 48.155. Multi-family housing and 6 special use housing are permitted uses in the R-5 zone. LOC 48.120(1); (9). Unlike conditional 8 uses, permitted uses are not required to be reviewed for compatibility with surrounding uses: 9 permitted uses are allowed outright as long as the applicant demonstrates compliance with the 10 applicable criteria. LOC 48.549(3)(a) provides for a density bonus for special use housing of 30 it units for the first net buildable acre, and double the number of units allowed under the underlying 12 zone for the remaining buildable acres. Staff testified that these provisions would allow a density 13 14 of up to 103 units on the site. The Council concludes that the proposed 73 unit density is well 15 within the density allowable on the site pursuant to the Lake Oswego Code. 16 In addition, the preliminary landscape plan shows that over 55.3% of the site will 17 he maintained in open space/landscaped area, almost twice the minimum required for this type 18 of project pursuant to LOC 48.549(2)(d). 19 The appellants argued that the density should he governed by the Council's 20 21 approval of a 56 lot/unit project on the site in 1979. This project, which was never built, was 22 reviewed and approved under different standards. Since this approval, the property was rezoned 23 from Duplex Residential (DR-3.75) to high density residential (R-5), which allows multifamily 24 projects at a significantly higher density than the DR-3.75 zone. ORS 227.178 requires the 25 9 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page IODPS 1-90\PD 6-92\SD 2-92-1056) Aar,a COW aq M» •aM a/UM Oswego Mg•&•Mewwe•P.O.M Mk lob Oeewge,O,egon •I034 Oa)1064211FAX 064 SWAM 1 Council to judge an application pursuant to the standards and criteria in effect at the time of 2 application. The Council therefore concludes that its 1979 decision is irrelevant to whether the 3 application at issue in this case complies with the applicable criteria. 4 Several parties argued that the 73 unit density would violate General Policy III of 5 6 the Residential Density Policies of the Lake Oswego Comprehensive Plan, which states: 111. Substantially developed single family 7 residential neighborhoods will be maintained at 8 existing density designations. (Refer to Land Use Map.) 9 10 One testifier noted that Mountain Park to the east is zoned and developed as R-7.5 11 (7,500 square foot minimum density), Holly Orchard to the north is zoned and developed as R-10 12 (10,000 square foot minimum density), and, although zoned R-5, Pfeiffer Farm to the west is 13 14 actually developed at an R-7.5 to R-10 density. The testifier argued that allowing 73 units would 15 therefore not "maintain existing density designations." 16 The Council concludes that this argument is based upon a misinterpretation of the 17 policy. The policy does not say that residential neighborhoods will be maintained at existing 18 developed densities - if it did, the Council could not approve even a two lot partition if it 19 occurred in an existing neighborhood. Rather, the Policy requires maintenance of developed 20 21 neighborhoods at existing density designations. As the reference to the "Land Use Map" and the 22 subsequent discussion in "Residential Density Locations" (Comprehensive Plan pages 77-78) 23 make clear, this Policy refers to the density designations that were imposed at the time the 24 Comprehensive Plan was adopted. The "Residential Density Location" section clarifies that the 25 I() of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) ,.s.,a cares ap AIYNrry•CO,el LOY Owl FM•A•Ammo•P.O.M Mk loft Oswego.Orman MOM (1011 tlLOn1 FM COM 1417 44114 1 1 impacts of such designations on surrounding development was considered when the density 2 designations were imposed. The density designation imposed on this property in the both 3 Comprehensive Plan Land Use Map and in the Zoning Map is R-5. As noted above, the 73 unit 4 special use housing project is consistent with the R-5 density designation of the site. 5 In addition, General Policy IV provides that "the City will provide for medium to 6 high density designations to meet needs for such housing," and General Policy V specifically 8 authorizes the City to "utilize density bonuses as an incentive" for good design. The Specific 9 Policy for General Policy V expressly authorizes the Council to establish standards for such 10 bonuses in specific development ordinances. The ordinance scheme under which the applicant 11 has applied is therefore expressly authorized and envisioned by the Comprehensive Plan. 12 For these reasons, the Council concludes that the proposed 73-unit density does 13 14 not violate Comprehensive Plan Residential Density Policies General Policy Ill, and complies 15 with allowable density under the applicable criteria. 16 5. LOC 48.549(1)(c) requires that "public services have adequate capacity to serve" 17 a proposed Special Use Housing project. The representative from the Pfeiffer Farm Homeowners 18 Association and several others testified that the applicant's Traffic Report is flawed. 19 The applicant's ATEP Transportation Study concludes that the .244 automobile 20 21 trips per day generated by the proposed project would not cause any of the impacted intersections 22 to exceed Level of Service (LOS) "D," the minimum level of service required pursuant to the 23 Lake Oswego Comprehensive Plan Transportation Element Goal I Policy 1. The Pfeiffer 24 representative first testified that the trip generation figures for the project were not appropriately 25 1 I of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS I-90\PD 6-92\SD 2-92-1056) Jeffrey O.Condit GM Albany•Gly of lake Owego a6o•A•AMMO•►.O.Fa ON.Lido Owego,Orpna 57435 (641)0FM26 FAX OM 511748114 1 derived from the Institute of Transportation Engineers (ITE), because those figures were based 2 upon "retirement" communities. The Pfeiffer representative argued that retirement communities 3 are generally considered to mean communities occupied by persons 65 years of age or older, 4 whereas the subject elderly housing project would allow residents of "55 to 58 years old or 5 6 older." The representative argued that the applicant's evidence thus failed to demonstrate that 7 the trip generation figures used were validly applied to the subject elderly housing project. The 8 Pfeiffer representative and others argued that approval of an elderly housing project at a 73 unit 9 density would have an excessive and negative traffic impact on the surrounding neighborhood. 10 The Council concludes that these arguments are not supported by the evidence in 11 the record. First, there is no indication in the record that the term "retirement communities" in 12 13 the ITE manual refers to communities solely occupied by persons 65 years of age or older. 14 Second, the evidence in the record supports a finding that the proposed project will be occupied 15 predominately by persons of retirement age even as defined by the Pfeiffer Farm representative. 16 LOC 48.549 limits occupancy of a Special Use Housing project for the elderly to persons 60 17 years of age or older for private funded projects and 58 years of age or older for publicly funded 18 projects. For projects receiving financial assistance from the State of Oregon, the section of the 19 Code only allows the age to be reduced to a minimum of 55 if such a reduction is certified by 20 21 the State as being necessary for the economic survival of the project. As noted in the applicant's 22 narrative and the staff report, public funding of the project is not proposed. It is therefore highly 23 unlikely that any, let alone a majority of the occupants of the project will be from 55 to 58 years 24 of age. Finally, the applicant testified that the project is intended to be operated in conjunction 25 26 12 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) ,wnrw O.Condit City Allaory•City o ldk.Ofrompa 340'A'Aram.•P.O.BO 340.I440 O.wpo,O,.O,., 07034 (5051 ISL02$ fk11(SO.p Ger 4504 1 with the Carman Oaks Retirement Center, an assisted living residential facility across the street. 2 The persons residing in Carman Oaks are generally in their 80's and older. The applicant 3 projects that the average resident of the proposed project will be in the 70's. Finally, the City's 4 Traffic Engineer and Planning Staff reviewed the applicant's figures and assumptions and found 5 them to he valid. 6 7 Based upon the restrictions in the Code, the testimony and the independent review 8 by City Staff, the Council concludes that the evidence in the record supports the use of the ITE 9 projections in reaching the determination that the streets and intersections would be adequate to 10 serve the traffic generated by the proposed project. 11 The Pfeiffer Farm representative also argued that the analysis looked only at the 12 13 impact traffic generated by the project in 1992, and ignored the additional trips per day generated 14 by other projects that have been developed since the 1992 study. As noted in the Applicant's 15 narrative, however, conclusions in the study were based on the "Lake Oswego, Oregon, 16 Transportation Study" prepared for the City by the Clackamas County Department of 17 Transportation. The figures and analysis in this Study are based upon traffic resulting from 18 projected growth in the area to the year 2010. As noted above, the City's Traffic Engineer 19 reviewed the applicant's figures and concurred with the applicant's analysis. The Council 20 21 therefore concludes that the applicant's analysis does take into account projected growth during 22 the planning period. The Council concludes that the evidence in the record supports Staff's and 23 the Planning Commission's conclusions that the project will not cause the streets and 24 intersections effected by the traffic from the project to function below City standards. 25 26 13 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) J•1•ry a Condit Cop AIlunoy-CIM of L .Owpo 7110•A•A.,.,, ./O.■s 71111.LNC CI.wpm.0,.Oon •7074 (S03)1131,0225 FAX MIA 4.1 1131 ■ 1 The Pfeiffer Farm representative further argued that several other calculations, 2 assumptions and allocations in the applicant's report were erroneous. The Pfeiffer Farm 3 representative is not a traffic engineer. The applicant's report was prepared by ATEP, a 4 professional traffic engineering firm. It was reviewed and found to be valid by the City's Traffic 5 6 Engineer. Neither the Pfeiffer Farm representative nor any other person contesting the traffic 7 information submitted any professional traffic engineering study or analysis into the record before 8 the Planning Commission contradicting ATEP's or the City Traffic Engineer's analysis. The 9 Council finds the professional testimony of the applicant's traffic consultant, reviewed and 10 supported by the City staff, to he the more persuasive evidence of traffic impact. 11 Finally, as Staff testified, a standard 55-lot residential subdivision, allowable on 12 13 the site under the R-5 zone designation, would generate more than twice the number of trips per 14 day than the proposed elderly housing project. The Council therefore concludes that the proposed 15 elderly housing project will have less of an impact on the surrounding residents in terms of traffic 16 than would a similarly situated and much less dense single family neighborhood, which many of 17 the opponents testified they would prefer to see on the site. 18 For these reasons, the Council concludes that the evidence in the record supports 19 the applicant's, staff's, and the Planning Commission's conclusions that the traffic impacts of the 20 21 project will not overburden the streets or intersections and thus complies with the applicable 22 criteria. The Council further concludes that the project will not create a traffic impact that is 23 incompatible with the surrounding single-fami'1y residential neighborhoods. 24 6. The representative for Pfeiffer farm argued that the transportation options required 25 26 14 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page (ODPS 1-90\PD 6-92\SD 2-92-1056) O.Candi, CH,"WWI•ahCALM.01101.00 tae•A•Byrn.•PA.Ow$IS,lw c3. ,Mogen 1i0]{ MS)tl1•di171 FAX 1O)17-UN 1 by LOC 48.549(1)(1) have not been met. As noted above, this project will he operated in 2 conjunction with the Carman Oaks Retirement Center to the South. The applicant testified that 3 the current Carman Oaks private bus service will be available on site to residents of the proposed 4 project. The Council concludes that this evidence demonstrates compliance with LOC 48.549 5 6 (1)(I)(iii), which requires a private bus system which provides on-site service. 7 7. The Pfeiffer Farm representative also argued that the internal streets did not 8 comply with City standards or the Lake Oswego Fire Marshall's requirements. As noted by Staff 9 in the June 23, 1994, staff report, however, the internal roads are private streets and do comply 10 with the applicable City standard and the Fire Marshall's requirements. The Council therefore 11 concludes that the internal streets comply with City Standards. 12 8. One of the Holly Orchard Neighborhood Association representatives testified that 13 14 the Planning Commission improperly concluded that the wetlands on the property were not 15 "essential wetlands" as defined by LODS 4.015(2), and therefore the Commission should have, 16 hut failed to, apply the stricter criteria for such wetlands required by LODS Chapter 4. 17 LODS 4.015(2) defines "essential wetland" as those designated as such on the 18 Comprehensive Plan Hydrology Map and those determined to be such after site analysis and 19 20 application of the criteria set forth in LODS 4.035(1). The wetlands on the site are not 21 designated as essential wetlands on the Hydrology Map. LODS 4.035(1) states that a wetland 22 is eligible for designation as an essential wetland if it performs any of six functions: 23 Groundwater recharge; storage; turbidity reduction, filtration of nutrients, natural biological 24 functions, or if it has been designated as a distinctive natural area. 25 26 15 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) .w4.p a conal City A11un.7•City Al taitsOompo 100'A'A..n.•I.O.S..SM,f.4.0.003 O,.yon 5/034 00514340225 f AA(5031 441.4364 1 The Planning Commission's conclusion that the wetlands on the site were not 2 "essential" wetlands was based upon the analysis conducted by Shapiro and Associates for the 3 applicant (Exhibits 31 and 32), and a second jurisdictional wetland determination prepared by 4 John Schott of ASCG Inc (Exhibits 52 and 53). Both experts review their analysis against the 5 6 criteria in LODS 4.035(I) and concluded that the wetlands on the site perform none of the 7 essential functions to any significant degree. Staff initially questioned the conclusions of the first 8 report, which was why the second, more detailed, analysis was performed. Following receipt of 9 the second report, staff was satisfied that the wetlands were non-essential. 10 In contrast, the opponents submitted no expert testimony or analysis disputing the 11 applicant's and staff experts. The Council finds the applicant's and staff's wetland analyses to 12 13 be the more convincing evidence as to the nature of the wetlands on the site. The Council 14 therefore concludes that the Planning Commission correctly concluded that the wetlands on the 15 site were not "essential wetlands" within the meaning of LODS Chapter 4. 16 The Holly Orchard representative also expressed concern whether the application 17 could comply with the Federal Clean Water Act. Both the applicant's consultants and staff 18 indicate that the wetlands on the site are "jurisdictional" wetlands subject to both the Clean Water 19 20 Act and the Oregon State Fill and Removal law. As noted by staff, both the federal Clean Water 21 Act and the State Fill and Removal law are administered by the Oregon State Division of State 22 Lands (DSL). The requirements for a permit and mitigation under both laws are triggered by fill 23 or removal of material from jurisdictional wetlands. This can not occur under the ODDS until 24 after Phase I is reviewed and approved by the City. In order to ensure compliance with the state 25 26 16 of 33 .. FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard,,B. Wilmot) Page (ODPS 1-90\PD 6-92\SD 2-92-1056) Aw.y O Co Ai City Altar-.y-ary a I.e.0....945 SM•A•Avenue I .M JM.L. O.wO..O,.pon $1031 NO)O►OP7S f AX(SOS)N7 UM 1 and federal laws as required by LOC 49.615(2)(B), the Planning Commission, on staff's 2 recommendation, proposed conditions 6, 7, and 8. These conditions require the applicant to 3 include all wetland and stream related improvements, including wetland enhancement and 4 creation activities, as part of his application at Phase I. As part of these approvals, the required 5 6 permits and approvals from DSL must he submitted. Condition 8 permits the Development 7 Review Commission to modify the site plan and/or reduce density if necessary to satisfy the 8 requirements for wetland mitigation and stream restoration as part of its review of Phase I. 9 Notice and the opportunity to appeal will be provided at that stage. The Council concludes that 10 the conditions imposed by the Planning Commission are adequate to ensure that the project will 11 comply with State and Federal Wetlands laws pursuant to LOC 49.615(2)(B). 12 13 For these reasons, the Council concludes that the application complies with the 14 wetland protection requirements of the Comprehensive Plan, Development Code and 15 Development Standards. 16 9. The Holly Orchard neighborhood representative also argued that the City should 17 have imposed a 25-toot stream corridor buffer zone along the banks of the stream. 18 As noted in the staff reports and the applicant's submittals, the "stream" is actually 19 20 a drainage swale with no banks or significant riparian vegetation as a result of the property's use 21 as a pasture. The applicant proposes realigning the stream and constructing a new corridor that 22 will enhance the growth of riparian vegetation and lead to the creation of a better and more 23 natural stream corridor than currently exists. 24 In spite of the applicant's arguments to the contrary, City staff concluded that the 25 26 17 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) Jaffrey n waft da Anor..y•dry of Ws Oswego MX'A'Av.o, •P.O.M 3—.4N.Ofoolopo,d.... 17034 (101)4314021 PAX(503)01.4x4 1 drainage swale was a "stream" within the broad definition contained in LODS Section 3. LODS 2 3.105(2), defines a stream as "a natural body of water flowing continuously or intermittently in 3 a channel or below the surface of the water." The Council concurs that the drainage swale falls 4 within this definition, based upon the staff reports. The Council also agrees with stairs 5 6 conclusion that evidence submitted by the applicant's consultant demonstrates that the drainage swale is not a major stream corridor as defined by LODS Chapter 3, because it does not perform 8 any of the functions set forth in LODS 3.015(5) to any significant degree. 9 Staff concluded that preservation of a 25 foot buffer zone was unnecessary because 10 the "stream" possesses no banks or other significant riparian features to protect, and because the 11 proposed improvements will enhance the natural functions of the stream and the wetlands. As 12 the Council concluded in AP 94-08, Specific Policy 2(a)(vi) of General Policy II of the Stream 13 14 Corridor Policies (Comprehensive Plan page 55) prohibits the City from imposing a specific 15 minimum stream corridor buffer zone in all cases. Pursuant to LOC 49.640(3), the Council takes 16 official notice and incorporates by reference its interpretation in Ap 94-08 as part of its decision 17 in this case. Specific Policy 2(a) requires the City to determine the depth of the buffer zone 18 based upon steepness of the banks, potential erosion hazard, width and velocity of the stream, 19 nature of existing vegetation, and runoff volumes expected at full development. As noted in the 20 21 staff reports, the "stream" in this case is primarily a drainage swale with no raised hanks, 22 intermittent drainage, and no riparian vegetation or significant natural habitat values. The 23 Council therefore finds that the stream as it currently exists possesses none of the significant 24 characteristics identified in the Comprehensive Plan for protection within a buffer zone. As staff 25 18 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page (ODPS 1-90\PD 6-92\SD 2-92-1056) *.r a Candi Cliff MOM"-CI N Luke Oswego AO'A'ammo•FA.Sax M.1...Gam").Unpnn 1M34 (NM 113$171!VAA(1O1)INT-4•14 1 furthe' noted, the relocation and enhancement of the drainage proposed by the applicant and 2 approved by staff will significantly improve the riparian habitat, wetland, and drainage values of 3 the stream. The Council concludes that this evidence justifies the Planning Commission's and 4 staff's conclusion that a full 25 foot buffer zone is not required pursuant so the Comprehensive 5 Plan. 6 The Council finally notes that Planning Commission condition number 7 requires 7 8 the applicant to submit a detailed steam improvement and wetland mitigation plan for approval 9 as part of its Phase I application. If this stream improvement plan indicates that additional 10 buffering is needed pursuant to the requirements of the Comprehensive Plan and LODS, the 11 Development Review Commission is empowered by condition 8 to modify the site plan 12 accordingly. Staff and the opponents will therefore get a second opportunity to review the 13 14 adequacy of the buffer zone at that time. 15 For these reasons, the Council concludes that the ODPS application complies with 16 the Comprehensive Plan and LODS Chapter 3. 17 10. A number of testifiers expressed concern that the perimeter streets were 18 incompatible with the surrounding residential development because they are proposed to be 19 located no more than ten feet from the back yards of surrounding residences to the west and east. 20 21 They argued that auto noise and the light from the head lamps could not be adequately buffered, 22 as required by LOC 48.549(1)(f). They noted that the slope of the land means that the road is 23 higher than the residences in the Pfeiffer Farm Subdivision, and that the slope and contour of the 24 parcel will exacerbate the noise factor. 25 19 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) dsl0sy Q Cmdl Glp£II v•City of LOu Ol s s 400•A•Mown•I.O.am 900,Woo Opuses.OPpeen 0071 ($00)01.007! WAll($O..'401.0040 l 1 The applicant responded that the perimeter streets complied with the required 2 setbacks and are necessary in order to accomplish one of the project's chief design goals for 3 elderly housing - to provide at-grade access to all units and thereby eliminate the need for stairs. 4 The Council agrees that the Applicant is in compliance with the required setbacks 5 6 and that its design concept is important. The Council agrees with the opponents, however, that 7 the applicant has not demonstrated that the perimeter streets will he adequately buffered in terms 8 of noise and glare from the adjacent residences. In addition to the requirements of LOC 9 48.549(1)(f), LOC 48.475(3) requires the hearing body to consider residential privacy when 10 approving a PD design. The Council therefore concludes that an additional condition should be 11 imposed that requires the applicant at Phase I to ensure residential privacy by demonstrating that 12 13 the negative impacts of the streets in terms of light and noise are adequately buffered from 14 surrounding residences. 15 11. The Mountain Park representative and number of other opponents objected to the 16 five-year development schedule. These objectors argued that five years of construction would 17 be too disruptive to the community for too long a time. 18 LOC 49.150 and 49.400 expressly authorize any major development to by planned 19 20 and constructed in phases pursuant to approval of an ODPS. LOC 49.435 requires a development 21 phasing schedule to he adopted as part of an ODPS. There are no specific guidelines for 22 determining the length of the development schedule, other than the overall requirement that the 23 phases be coordinated and consistent with the Comprehensive Plan. As noted in the June 24, 24 1994, staff report, the applicant originally proposed a 14 year phasing schedule, which was 25 26 20 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page IODPS I-90\PD 6-92\SD 2-92-1056) JAMS" Cawsl Gh AMOMF•CMF et Lii•Owen 3010•••AMNIA•PO.St OM.Lae Owego,*pew IFON (106) as-ons FAX f .MF•YM 1 reduced to ten, then to seven and finally to live years. The Planning Commission concluded that 2 a five year completion schedule for the entire project was reasonable period for a project this 3 size. The Council concurs. 4 For these reasons, the Council concludes that the five year phasing schedule 5 complies with the applicable criteria. 6 12. Several persons testified that the applicant's project did not qualify as "special use g housing" because the projected rents were not affordable to "moderate income" residents as 9 defined in, and required by, LOC 48.549. 10 The opponents argued that the applicant's estimate of potential rents in his 11 narrative seemed too high for low or moderate income residents. The applicant responded that 12 the rents would be affordable to moderate income residents, and cited to his application narrative 13 14 in support of this allegation. He also stated that the design and materials used in the project 15 could be modified at the design review stage to reduce rents if costs of the project as envisioned 16 required rents in excess of what would he affordable to low or moderate income residents. 17 LOC 48.549(3)(a) requires special use housing projects in the R-5 zone to limit 18 - occupancy to low or moderate income residents. This.is a continuing condition pursuant to the 19 Zoning Code that will continue to apply as long as the project is in existence, unless the 20 21 ordinance is modified. As noted above, approval of an ODPS is basically a conceptual approval 22 of the overall project; the final design of the project is approved at-the Phase approval stage. At 23 this stage the projected rents are just that - projections. The Council concludes that the evidence 24 in the record supports the applicant's conclusion at this point that the project will be affordable 25 21 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) JIh�r Ce Condit Oft£sawGM of eke Orp- 7�0•A•Awn..P O w,.>M l NP O-wau,O,-Oon 01034 (s04)osara Alr430,11 se&sal 1 to moderate income elderly persons. Because compliance with LOC 48.549(3)(a) is a continuous 2 requirement of the project both during and after its completion, however, compliance issues can 3 be raised at any stage, including subsequent phase approval. 4 13. Several opponents expressed concern about drainage and hydrology, noting 5 6 problems in the adjacent Pfeiffer farm subdivision. The Council concludes that the drainage for major development standards have been complied with based upon the evidence and for the g reasons cited in the June 24, 1994, staff report. 9 14. Several opponents argued that the development was not sensitive to the historic 10 Waters Carman House and land. As noted above, the Council withdrew the historic designation 11 on tax lot 10601 (called tax lot 1201 in the HR Order) and expressly allowed the access 12 easements on tax lot 10600 (called tax lot 1200 in the HR Order). The Council's decision [HR 13 14 7-90(A)/7-90(B)] is in the record. As noted in that decision, the Council specifically concluded 15 that the Applicant's 73 unit elderly housing project had a higher ESEE value pursuant to the 16 City's Historic Preservation Ordinance than maintaining the historic designation on the site. The 17 Council thus expressly concluded that the 73 unit elderly housing project could be built on the 18 site without violating the Historic Preservation ordinance (LOC Chapter 55). The conditions 19 imposed by the Council as part of the HR case require the Development Review Board (now the 20 21 Development Review Commission) to ensure that the design of the proposed project is 22 compatible with the historic character of the property. By naming the DRC, the condition intends 23 such review to occur during design review of the individual phases, and does not provide a basis 24 for denying the ODPS. The Planning Commission imposed a condition requiring the DRC to 25 26 22 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) bl/.y a coat City Alto,.-, City of lotto owpo )110'A'Avows P 0 a 1S tale 0.0•0*.0.. 07034 (S01)14/11!1! ,Ai(SO.)an USN 1 conduct such a review during phase review. 2 For these reasons, the Council concludes that the conditions imposed by the 3 Council in HR 7-90(A)17-90(B) have been adequately addressed by the Planning Commission at 4 the ODPS stage. 5 15. One testifier indicated that pedestrian access should he provided through the 6 project from adjacent single family subdivisions. The Council agrees that provision of some form 8 of pedestrian access, perhaps in conjunction with the Lire lane, should he explored. The Council 9 shall attach a condition. 10 16. The applicant raised three objections to the Planning Commission's decision. 11 a. The applicant first objected to the Planning Commission's condition 16, 12 which required the applicant to provide three parking spaces per unit. The applicant's plan called 13 14 for 275 spaces, or approximately 2.75 spaces per unit. Each unit will have a one car garage with 15 one or two additional spaces in front of the garage, with special areas for guest parking. The 16 Planning Commission felt that the elderly residents were likely going to use the garage for 17 storage rather than parking, and so required the applicant to provide one additional parking space 18 adjacent to each unit or provide two-car garages. 19 The applicant notes that LOC 48.549(3)(h) only requires one parking space 20 21per unit for special use housing, and that the City's parking standard only requires two parking 22spaces per standard two-bedroom apartment. The applicant argued that the Planning 23Commission's concern that the garage would he used for storage rather than parking could be "addressed through the leases rather than by adding additional spaces that would increase the 25 23 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) dwf.y O.Cendl Clay A11vn y•Cloy of LIM Owpe JOD'A'Memo•P.O.M MO,Ls Oniego,Orogen MS. (S11)110133 FAX(313)1117.1111 1 impervious surface in the development, reduce open space, and encourage more traffic. 2 The Council agrees with the applicant. The Planning Commission's 3 concern about the use of the garages for storage rather than automobiles is not based on any 4 evidence in the record. The Council does not believe such a speculative fear justifies requiring 5 6 the applicant to provide three times the parking required by the Code, particularly given the 7 concerns expressed by the appellants and other opponents regarding drainage, traffic, and 8 compatibility, and the ATEP Traffic Study, which indicates that retirement communities generate 9 significantly lower number of trips per day. The Council concludes that the Planning 10 Commission Condition requiring three parking spaces per unit is not required in order to comply 11 with the applicable criteria and should be deleted. 12 13 b. Second, the applicant objects to requirement to construct a half street 14 improvement along the frontage of tax lot 10600 (the applicant has no objection to construction 15 of the half street improvement along the frontage of tax lot 10601). The applicant argues that 16 tax lot 10600 is not part of the elderly housing project, is undevelopable because of the historic 17designation on the site, will not add any additional traffic to Carman Drive, and is not owned by 18 the applicant. The applicant therefore argues that requiring him to construct a half street 19 20 improvement along the frontage of tax lot 10600 is unreasonable and not justified by the record. 21The Council disagrees. 22 Both tax lots 10600 and 10601 are subject to the application under 2 3consideration. Both property owners have authorized the application. Although none of the 24elderly housing units will be located on tax lot 10600, easements over tax lot 10600 will be 25 26 24 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) *Mara a Candi Cit,Ano M,-CIM a L .0...90 3 'A'AMn..-P 0 am 341e.1.w O.wpo,Oregon 00.4 (SCOL I S Q22S f*X(SLLT SST-5 4 ■ 1 utilized for more than half of the main access drive and part of Pony Chase Drive, one of the two 2 main internal access roads, serving the elderly housing project (Exhibits K, 14). A portion of tax 3 lot 10600 to the north of Pony Chase Drive is also included as part of the landscaped area of the 4 elderly housing project (Exhibit 10). The applicant is therefore incorrect that tax lot 10600 is 5 6 undevelopable; it is specifically being developed as part of the elderly housing project proposal. 7 It is clear from the applicant's site plan that if the access roads were located entirely on tax lot 8 10601, the physical intrusion of the relocated roads and the recalculation of the setbacks would 9 require that at least four and probably five of the proposed buildings to he reduced in size or 10 eliminated. The Council therefore finds that the development of the roads on tax lot 106(X) is 11 directly related to maximizing the allowable density (and thus increasing the traffic impacts) of 12 13 the development on tax lot 106111. The Council therefore concludes that tax lot 10600 is part of 14 the ODPS and PD, as well as the minor partition, and contributes to and is necessary for the 15 construction of 73 units of elderly housing on tax lot 10601 as proposed. 16 Notwithstanding the fact that tax lot 10600 is clearly part of the 73 unit 17 elderly housing proposal, LODS 14.020(1)(h) requires all major and minor developments to 18 provide public utilities, including streets, up to City standards if they are impacted by the 19 development, regardless of whether the utilities arc located on or off site. The applicant's traffic 20 21 study notes that the proposed 73 unit elderly housing project will increase traffic on Carman 22 Drive by 244 trips per day. The City Public Works Staff determined that the Carman Drive 23 frontage is not currently up to City Standards. The north side of Carman Drive has been 24 improved to City standards up to both the east and west boundaries of tax lots 10600/10601. 25 26 25 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page IODPS 1-90\PD 6-92\SD 2-92-1056) JIRa7 O.Condit CIM Attorney•CIM of Lots Owrpe 30'A'Aram-F.O.am SM.LN.Oawgo,Orogen 07034 (6W)g6-0t75 FAX(SW)FF74364 1 Those improvements were constructed by the developers of the adjacent developments(Mountain 2 Park PUD and Pfeiffer Farm PD) as a result of identical conditions imposed by the City on 3 approval of those projects. If the full frontage of this project is not improved as a condition of 4 development, a small gap will exist along Carman Drive that will impede traffic flow and reduce 5 traffic safety. 6 7 The half-street improvements can he constructed within the existing right- 8 of-way; no additional right-of-way must he exacted from either tax lot. The approximately 440 9 feet of frontage along Carman Drive to be improved is minimal in comparison to the overall size 10 and depth of the project and the amount of internal private roads to he constructed. The Council 11 therefore concludes that requirement to construct a halt street improvement along the entire 12 frontage is not unduly burdensome or out of proportion to the extent of the development on the 13 14 subject property. 15 The Planning Commission expressly required the heritage trees identified 16 as part of the historic designation to be protected during construction, and so the construction of 17 the half street improvement will not negatively impact the historic character of tax lot 10600. 18 For these reasons, the Council finds that 1) Carman Drive along the 19 frontage of tax lots 10600 and 10601 is not constructed to current City Standards; 2) The 20 21 Comprehensive Plan Impact Management and Transportation Policies and LODS 14.020 require 22 substandard streets to he brought up to City Standards as a condition of development which 23 impacts such streets; 3) The proposed half street improvements will he compatible with the 24 historic resource on tax lot 10600; 4) The proposed development of the 73 unit elderly housing 25 26 26 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) JMhty 0.Condit city AIIvnM•CIM of Lake Oo1wy0 300'A'Awns•P.O.Set 300.We Oswego.Oro00n 010.11 fall 030•03211 FAX 004 407•4004 1 project on tax lots 10600 and 10601 will increase traffic on Carman Drive by 244 trips per day, 2 impacting the street; 4) construction of a half street improvement along the frontage of tax lots 3 10600 and 10601 will mitigate the impact of this increased traffic; 5) Construction of a half street 4 improvement on existing City right-of-way along the frontage of tax lots 10600 and 10601 is 5 6 roughly proportional to the impact on the street of developing the tax lots with a 73 unit elderly 7 housing project. 8 The Council therefore concludes that the condition requiring construction 9 of a half street improvement along Carman Drive bordering tax lots 10600 and 10601 is justified 10 by the evidence in the record and is necessary in order for the project to comply with the 11 applicable Comprehensive Plan and Development Standards. 12 c. Finally, the applicant contested the Planning Commission's imposition of 13 14 the conditions noted above that require all Wetland and stream corridor mitigation and 15 improvements to he approved and constructed as part of Phase 1. The Council finds that this 16 condition should not be modified, for the reasons expressed in the June 23, 1994, staff report. 17 17. The appellants, opponents and applicant raised a number of other objections in 18 their notices of appeal or at the hearing before the City Council. The Council believes such 19 20 objections are adequately addressed in the June 23, 1994, staff report. The Council expressly 21 adopts and incorporates by reference the discussions and findings in this staff report in support 22 of its Conclusion that the application complies with the applicable criteria for approval of an 23 ODPS, PD and Minor Partition. 24 18. Except as modified herein, the Council also adopts and incorporates by reference 25 26 27 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) J Amy(1 ceak pN 1114us1•COO M Lake Osssys MO-A•Mery•P.O.M 711•Lsb Owsp,OrsOM NOL OM)alum FM 014 OO7-OOI 1 the findings and conclusions of the Planning Commission's April 14, 1994, Findings Conclusions 2 and Order, the June 23, 1994, Staff Report, and the May 24, 1993, Staff Report as modified by 3 the January 13, 1994, Addendum to the May 24 Staff Report, as well as the documents 4 referenced and incorporate therein in support of its conclusion that the application complies with 5 the applicable criteria for approval of an ODPS, PD and Minor Partition. 6 ORDER 8 IT IS ORDERED by the City Council of the City of Lake Oswego that the three appeals 9 (AP 94-03) are hereby DENIED in Part and APPROVED in part, the decision of the Planning 10 Commission is hereby MODIFIED, and ODPS 1-90\PD 6-92\S1) 2-92-1056 is hereby 11 APPROVED subject to compliance with the following conditions: 12 1. The applicant shall submit a partition plat (dimension as depicted in Exhibit 3 and 13 14 referencing this land use application -- City of Lake Oswego Department of Planning and 15 Development, File No. SD 2-92) to staff for review and signature of approval within one year 16 of the date this decision. Upon written application, prior to expiration of the one year period, 17 the City Manager shall, in writing, grant a one-year extension. Additional extensions may be 18 requested in writing and must be submitted to the City Manager for review of the project for 19 conformance with current laws, development standards and compatibility with development which 20 21 may have occurred in the surrounding area. The extension may be granted or denied and if 22 granted, may be conditioned to require modification to bring the project into compliance with 23 then current law and compatibility with surrounding development. 24 2. The applicant shall register the partition plat with the Clackamas Surveyor's office 25 26 28 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 (Glenn Gregg, Trustee/Richard B. Wilmot) Page (ODPS I-90\PD 6-92\SD 2-92.1056) JMrp 0.Condit an Al*.ey•City of Ler amore Mersa•/0.M 701.LiYe amore,down O►OJI (Om)ED10?f FAX(IOq 1107-110414 land record it with Clackamas County Clerk's office. 2 3. The partition plat shall illustrate all public and private utility and access easements 3 which are necessary for the development of Garden Residence for the Elderly, in accordance with 4 Exhibits 8 and 11-13. 5 4. The applicant shall submit a final ODPS plan in accordance with the requirements 6 7 of LOC 49.435. The applicant also shall submit a revised development schedule illustrating a 8 maximum development time table of live years, starting from the date of approval of a 9 development permit for Phase I (by the Development Review Commission). 10 5. The zone requirements for ODPS 1-90\PD 6-92\SD 2-92, including lot size, 11 setbacks, height and lot coverage, are those listed on pages 8 and 9 of the May 14, 1993, staff 12 report. 13 14 6. The development application for Phase I shall include all wetland related 15 improvements, including wetland enhancement and creation improvements activities. The 16 applicant shall submit the following information: 17 a. A DSL permit application, and a letter from DSL approving the amount 18 of wetland mitigation proposed for the development. 19 b. A letter of approval from DSL to use the proposed storm water 20 21 quality/detention ponds as wetland mitigation sites. 22 c. The view platform and boardwalk shall he moved out of the wetland area 23 in order to minimize impaction the wildlife habitat. The applicant may locate these features next 24 to the wetlands along Country Lane. In addition, the applicant shall maintain a minimum of 25 25 29 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) ,wwa a canal Gq ASte nry.pq W Who Ow*, MO'A'AVOW A .F.O.0411 A0,Lift Omww,Mown 070M 0011 031.4121 FAX p0,q 1111741141 1 feet buffer around the wetland boundary. No building, except a view platform and boardwalks, 2 shall be allowed in the 25 foot wetland buffer zone. 3 7. The development application for Phase I shall include the following information 4 regarding stream improvements: 5 a. A landscape restoration plan for the stream corridor. This plan shall 6 establish a corridor of native riparian vegetation, including trees, shrubs, ground cover, and 8 emergent wetland vegetation along the proposed stream channel. 9 b. The stream channel profile shall be designed with maximum grades ranging 10 from 2 to 4 percent. 11 c. The stream corridor cross section shall be designed to have a low flow 12 channel, with side slopes no steeper than 4:1 in order to carry larger flows during storm events. 13 14 d. A maintenance plan/agreement for the proposed storm water 15 quality/detention facilities in accordance with the requirements outlined in the Surface Water 16 Quality Facility Technical Guidance Handbook, Brown & Caldwell. 17 8. The Development Review Commission may modify the site plan and/or reduce 18 density within each phase in order to satisfy the requirements for wetland mitigation and stream 19 restoration plans. 20 21 9. The development application for Phase I shall include half street improvements 22 on Carman Drive along the entire frontage of Tax Lots 10600 and 10601. These improvements 23 shall be designed to protect all existing historic and heritage trees on Tax Lot 10600. No such 24 trees shall he removed as part of those improvements. The applicant shall submit an arhorist's 25 30 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page [ODPS 1-90\PD 6-92\SD 2-92-1056) .XoMory n c.nal Cat Apanq-pry N Las Owp. 101•A•Awn1.•A.O.N 701,L. OwM.Oaon t?G 4 (107)01$0710 PAX(Os 00/-ON 1 report with specific recommendations on protective measures to be taken during road construction 2 stages. The applicant also shall retain an arborist to monitor any root pruning and actual 3 construction activities in the vicinity of heritage and historic trees. 4 The applicant shall provide photometric data for the existing lights on the south 5 side of Carman Drive. If lighting is adequate for a full street improvement, no additional lighting 6 will be required. Otherwise, the applicant shall he required to provide additional street lights on 8 the north side of Carman Drive. The applicant also shall provide adequate vision clearance area 9 at the intersection of Carman Drive and Country Lane. 10 10. The development application for Phase I shall include storm drainage 11 improvements, including all proposed storm water quality/detention ponds and stream channel. 12 11. The development application for Phase I1 shall illustrate full street improvements 13 14 for extension of Country Lane to Pfeifer Drive. 15 12. The applicant shall take protective measures during wetland mitigation work to 16 protect Distinctive Natural Area No. 31 (fir trees at the northeast corner of the site). The 17 applicant shall install protection fencing at the drip line of tir trees prior to any on-site grading. 18 13. The development application for each phase shall include the following 19 information: 20 21 a. A detailed geotechnical report. 22 h. A site plan illustrating a minimum setback of 14 feet along the exterior 23 property lines. The setback shall he increased to a minimum of 23 feet, if the grade differential 24 between any two points on the proposed buildings exceeds 10 feet. 25 31 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page IODPS 1-90\PD 6-92\SD 2-92-1056) a Candi City Ass.q•C14r el lio Owosso N0•A Moor.•/.a M.Mk loft Owego.Oftgera $7034 I53)nsets F& (o1 4174114 ■ 1 c. All public services and facilities sized in accordance with recommendations 2 of the Fire Marshall listed in Exhibit 43. 3 d. A solid fence and substantial landscaping (in sire and quantity) along 4 exterior property lines to provide adequate screening and buffering to light and noise, and to 5 enhance privacy. 6 7 14. The site plans and building designs for Phases I - IV shall he sensitive to the 8 historic Carman Drive House. The applicants shall address all issues identified by the City 9 Council, as listed in Exhibit 15. 10 15. All private streets shall he designated as fire lanes in the deed, or on a recorded 11 map, and he posted with "Fire Lane, No Parking". 12 16. At Phase I, the DRC shall ensure that the final design of the internal road system, 13 14 particularly the perimeter streets on the east and west sides of the project, will provide sufficient 15 privacy in terms of light and noise to he reasonably compatible with abutting single family 16 residences to the east and the west of the project. Unless the applicant submits a final design 17 that demonstrates by substantial evidence that landscaping, perming, fencing and/or any other 18 method of buffering the perimeter streets will satisfy this condition, the DRC shall require the 19 applicant to submit an alternative street design or designs that eliminates or relocates the 20 21 perimeter streets farther away from abutting properties in order to comply with this condition. 22 17. At Phase 1, the applicant shall explore provision of pedestrian access through the 23 emergency fire access. 24 25 32 of 33 - FINDINGS,-CONCLUSIONS & ORDER, AP 94-03-11)92 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page I ODPS 1-90\PD 6-92\SD 2-92-1056) Jaffrey ncaa) COIF•Miami •CO,a lei.Owes* MO•A•irony.•P.O.Is$N.LNC O.wp,Owen Mit (Ia)tlFori/ ru)(IOD 11117411114 1 This Order was presented to and adopted by the City Council of the City of Lake 2 Oswego. 3 DATED this day of , 1994. 4 5 Alice L. Schlenker, Mayor 5 ATTEST: 8 9 Kristi Hitchcock, City Recorder 10 11 AYES: 12 NOES: 13 ABSTAIN: 14 EXCUSED: 15 16 \WI't1km4410921Y(> 17 18 19 20 21 22 23 24 25 33 of 33 - FINDINGS, CONCLUSIONS & ORDER, AP 94-03-1092 26 (Glenn Gregg, Trustee/Richard B. Wilmot) Page C ODPS 1-90\PD 6-92\SD 2-92-1056) Js N.y a C01 Clly AI iw •City N Lao 0111“00 340'A.Ammo•P.O.M OM,lob Mow 0011000 .1014 ($0)owns FAX 0014 141.6.4 l - ' 4011 NOTICE OF DECISION OF THE CITY COUNCIL DATE: 22 December, 1994 TO: ALL INTERESTED PARTIES FROM: KRIS 'T CHCOCK, CITY RECORDER r SUBJECT: Findings, Conclusions & Order, AP 94-03-1092 File No. ODPS 1-92\PD 6-92\SD ?-92-1056 An appeal of a decision made by the Planning Commission to approve a 6-phase, 73-unit special use housing development, [ODPS 1-90/ PD 2-92/SD 6-92 LOCATION: 3811 Carman Drive, Lake Oswego APPLICANT: Glenn Glenn, Trustee/Richard Wilmot APPELLANTS: Holly Orchard Neighborhood Association Mt. Park Homeowners' Association Pfeifer Farm Homeowners' Association The Lake Oswego City Council adopted the order for AP 94-03-1092, affirming and modifying the Planning Commission decision on December 20, 1994. The order was signed by the Mayor, and reflects the decision of the City Council of the City of Lake Oswego. A copy of the order is enclosed for your files. The Order is final unless a written appeal is filed with the Land Use Board of Appeals within 21 days from the date signed. If you have any questions, please call the Land Use Board of Appeals, 1-373-1265. The address is: Land Use Board of Appeals State Library Building Room 306 250 Winter Street Northeast Salem, Oregon 97310 Krista Hitchcock, City Recorder forrtmc rola vs'•appeals\ap•feo.d<x• Derr Thede Final Order Miller, Nash, Wiener , Hager AP-94-03-1092 & Carlsen Glenn Gregg, Trustee/ 111 SW Fifth Ave Suite 3500 Richard Wi l mot Portland, OR 97204 Dick Wilmot Hamid Pishvaie John Schick 3811 Carman Dr Senior Planner Mt. Park Homeowners Assoc. Lake Oswego, OR 97034 14 Hotspur Lake Oswego, OR 97034 Peet M. Soot Dr. Denise Jensen Pfeifer. Farm Owners' Assoc. Holly Orchards Neighborhood 464 Orchard Dr Assoc. Lake Oswego, OR 97034 4080 SW Colts Foot Lane hake Oswego, OR 97034 Wilma McNulty Trish Estes Jeff Gibbs Holly Orchards Neighborhood 4045 Pfeifer. Ct. 4062 Pfeifer Ct. Assoc. Lake Oswego, OR 97034 Lake Oswego, OR 97034 4100 Colts Foot Lane Lake Oswego, OR 97034 Lana Waldman Dave McDonald 4069 Pfeifer Ct. 4043 Orchard Dr. Lake Oswego, OR 97034 Lake Oswego, OR 97034 Marlise Hoffman Mike Mikolaitis Barbara Maxwell L4405 Pfeifer Dr. 4084 Colts Foot Lane 4083 Colts Foot Lane Lake Oswego, OR 97034 Lake Oswego, OR 97034 Lake Oswego, OR 97034 S eve Abel Glenn Gregg Joe Griggs SW Fifth Ave. , Suite 2300 10410 SW Terwilliger P1 . PO Box 940 P:rtland, OR 97024 Lake Oswego, OR 97034 Sherwood, OR 97140 X - A CITY OF LAKE OSWEGO 12/20/94 AGENDA CHECK LIST MEETING DATE: December 20. 1994 SUBJECT: Second Reading by Title Only and Enactment 2097, a general ordinance of the City Council of the City of Lake Oswego amending LOC Chapter 55 (Trees) to clarify sections of the Code. ISSUE: Should the City Council adopt Ordinance 2097? OPTIONS: 1. Adopt Ordinance. 2. Do not adopt Ordinance. 3 Continue consideration. RECOMMENDATION: Option#1 DEPARTMENT OF ORIGIN: City Attorney FISCAL IMPACT: N/A NOTICED (Date)11/24/94 EXPENDITURE: PREVIOUS CITY COUNCIL REVENUE: $ CONSIDERATION: Study Sessions 10/18 and 11/22 12/6/94 BUDGETED? N/A ACCOUNT Would the adoption or implementation fulfill an identified City Council goal, past or present: N/A Is this a policy for inclusion in the City's ATTACHMENTS: policy manual? No Ordinance 2097 k:\kris ti\forms\ch-ord 155 • ORDINANCE NO. 2097 A GENERAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 55 (TREES) TO CLARIFY SECTIONS OF THE CODE The City of Lake Oswego ordains as follows : Section 1 : Certain provisions of LOC Chapter 55 shall be amended by deleting the text shown by strike out and adding the new text shown in redline as follows : 55.02 .010 . Purpose. The purpose of this chapter is to regulate the cutting removal of trees in order to preserve the wooded character of the City of Lake Oswego and to protect trees as a natural resource of the City. (Ord. No . 1429, Sec . 1 ; 05-18-71 . Ord. No . 2059, Sec . 1 ; 06-16-92 . ) 55 .02 .020 . Definitions. 1 . "City Manager" means the City Manager or the City Manager' s designee, except where the context expressly requires otherwise. 2 . "Cutting" means falling or r3fRoval :;f a tree, 3r atty. -'u th_ -tural r`sult 6 -w ich _ t::- 'oath or }�r:::... �.. ..�.. ,. �� �.., cause..a �.. aubatantial destruction of--a—tree . Cutting amu' es not include ftetffltet-1 trimming or r..runing, tut does clude– oppiri� o -1 - ,,D v1i;p i mecxno a lot cr pare. l of land which: is located in a _ d__t. _l Pone (any cone designated with a.. n, DD pureuant to E°.hc. Lake Oawcgo Zoning Oo c) -b) Is occupied b1 ,. single family 8 elling Is ,nxclusi-.clf , cz for tingle family residential M� (d) Cannot be further subdivided or partitioned : �n e aree or more lot parc.ioot to the Lake Oa::egc Zoning or Dc-;clo;..c.. . ., �. �42 "Person" means any individual or legal entity. 3 . "Removal" means to cut down a tree or remove all or 50% or more of the crown, trunk, or root system of a tree; or to damage a tree so as to cause the tree to decline and/or die . "Removal" includes but is not limited to damage inflicted upon the root system by the application of toxic substances, the operation of equipment and vehicles, •storage of materials, change of natural grade due to unapproved excavation or filling, or by the unapproved alteration of natural physical conditions . "Removal" does not include normal trimming or pruning of trees but does include topping of trees . 4 . "Single family dwelling" for the purpose of this ordinance includes the privately owned yards of any of the following: a detached home, a townhouse, a zero-1ot line dwelling, or condominiums with limited conuuon elements which are each reserved for the use of a specific unit . 5 . "Topping" means the severe cutting back of limbs to stubs larger than 3 inches or larger in diameter within the tree' s crown Ordinance No . 2097 Page 1 of 13 i } 7 to such a degree so as to remove the fterme4- natural canopy and disfigure the tree. 6 . "Tree" means any living woody plant having a trunk 5 inches or more in diameter, maximum cross section, at 4 . 5 feet. above mean ground level at the base of the trunk . If a tree splits into multiple trunks below 4 .5 feet, the trunk is measured at its most narrow. point beneath the split . 7 . "Volume removals" means the use of any clear-cutting technique, such as hydra-axing, to remove trees of any size from an area covering 30% or more of a parcel requiring a Type II permit . (Ord. No. 1429, Sec . 1; 05-18-71 . Ord. No. 1631, Sec . 1 ; 07-20-76 . Ord. No. 2059, Sec . 1 ; 06-16-92 . ) 55. 02 . 030 . Tree ^--_ Removal Without Permits Prohibited, Land Wizrmit . 1 . No person shall remove cut a tree without first obtaining a tree removal cutting permit from the City punmant to this Chapter . D..ccp o Nro id d in --- n i 2 ) of thin sccticn LOC Chapter 5-5 i° not a lend u:.c regulation . 2 . If a najcr or Minor Development Pcr Ott npplicu for pur3uant to LOC Chapter 49 wculu e uirc ;,r rcoult in tree c;:tting ao dcfincd in this Chaptci, - .e , ee to ' . 3f appro;;a- -f such permit . Trcc cutting ;rt conjunction t: a Major or F4ir,or i clopmcnt Pcrmit ohall ;e3n3idcro:1 in -conjunction with ouch pci-mit and °hall to o.;t;..Jt to t-he application, ice, hearing .. Kz G'7p`al Yip �uii�. 1�....:..tt e to �- 4e-p- v- ,r ninor De c,.,qpffi t iLurouant to LOC Chapter 49 . The -application, and appeal procedure:, in Chapter 5 o all not apply to tree cutting ca::os.:'crcz' in conyunction with a--ik:wjcr or ninor Develop:; - rcque3t . (Ord. No. 1429, Sec . 1 ; 05-18-71 . Ord. No . 2059, Sec . 1 ; 06-16-92 . ) 55.02.035. Tree Removal in Conjunction With Major or Minor Development Permit. 1 . If a Major or Minor Development Permit applied for pursuant to LOC Chapter 49 would require or result in tree removal permit as defined in this Chapter, compliance with LOC 55 . 02 . 080 shall be a criterion of approval of such permit . Tree removals in conjunction with a Major or Minor Development Permit shall be considered in conjunction with such permit and shall be subject to the application, notice, hearing and appeal procedures applicable to the proposed major or Minor Development pursuant to LOC Chapter 49 . The application, notice, hearing and appeal procedures in Chapter 55 shall not apply to tree removals considered in conjunction with a Major or Minor Development request . Tree removals that are not proposed as part of a Major or Minor Development Permit shall be reviewed as provided in this Chapter. 2 . The Criteria contained in LOC 55. 02 .080 shall not apply to subsequent applications for tree removal permits for trees on property subject to a final land use action approved pursuant to LOC Chapters 48 or 49 if the removal of specific trees was reviewed and approved as part of the land use action pursuant to LOC 55 . 02 . 035 (1) . Removal of trees in violation of such land use approval , however, will be considered a violation of this chapter. Ordinance No. 2097 Page 2 of 13 :)8 3 . Except in cases of an emergency as provided in LOC 55.02 . 042 (3 ) , if the tree proposed to be removed has been required to be preserved or protected as a condition of approval of a land use action pursuant to the Lake Oswego Zoning or Development Code, the tree removal application shall be processed as an amendment to that land use action and shall be reviewed and approved by the body responsible for reviewing such land use actions . 55.02.042. Classification of Permits. Any person who desires to remove a tree shall apply for one of the following types of permits : 1 . TYPE 1 PERMITS are required for a property that : a . Is located in a residential zone, b. Is occupied by a single family dwelling, c . Is exclusively used for single family residential uses, d. Is partitionable into no more than two lots, e . Is not designated as or located within a "Distinctive Natural Area" pursuant to the Lake Oswego Comprehensive Plan; f . Does not contain trees which have been expressly protected or required to be preserved as a conditional of approval of development pursuant to the Lake Oswego Zoning or Development Codes; and g . Is not located within an area or parcel that has been placed on the Historic Landmark Designation List pursuant to LOC Chapter 58; or h. Is in a residential zone, occupied by a single family residence, partitionable into three or more lots, with a maximum of two dead trees requested for removal . If an applicant applies to remove more than two dead trees within any twelve month period pursuant to this subsection, the additional trees shall be subject to a Type II Permit . 2 . TYPE II PERMITS, are required for any parcel that : a . Is located in the commercial or industrial zone, or b . Is located in a residential zone and partitionable into three or more lots, or is located in a residential zone and is not occupied by a single family dwelling, or c . Is located within a "Distinctive Natural Area" pursuant to the Lake Oswego Comprehensive Plan; or d. Where the tree or trees proposed for removal have been expressly protected or required to be preserved as a condition of approval of development pursuant to the Lake Oswego Zoning or Development Codes, or are within a designated common open space area or landscaped common area; or e . Is located on the Historic Landmark List pursuant to LOC Chapter 58, or f . Is undeveloped and being considered for volume removal as defined under LOC 55 . 02 . 020 (6) . g . Is owned by the City of Lake Oswego, including parks, open space and rights--of-way . h. Does not otherwise meet specifications for a Type I permit . Ordinance No . 2097 Page 3 of 13 .c ;) ;) 3 . EMERGENCY PERMITS: a. If the condition of a tree presents an immediate danger of collapse and if such potential collapse represents a clear and present hazard to persons or property, an emergency tree removal permit may be issued without formal application for a Type I or II permit and the payment of a fee may be waived. For the purposes of this subsection, "immediate danger of collapse" means that the tree is already leaning, with the surrounding soil heaving, and there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the non-emergency process . "Immediate danger of collapse" does not include hazardous conditions that can be alleviated by pruning or treatment . b. Emergency tree removal permits must be approved by the City Manager, or in the City Manager's absence, by the acting city manager. If an emergency situation arises at a time when the City Manager or acting city manager is unavailable, and such emergency creates a significant likelihood Lhat the tree will topple or otherwise fail before such officials become available, the tree owner shall photograph the tree showing emergency conditions and then may proceed with removal of the tree to the extent necessary to avoid the immediate hazard. Within seven days after such removal, the tree owner shall apply for a retroactive emergency tree removal permit. If the evidence and information presented by the tree owner does not justify the emergency tree removal standards set forth in LOC Chapter 55, the application shall be denied and the tree owner shall be subject to penalty pursuant to LOC 55 .02 . 130 and the mitigation requirements of LOC 55 . 02 . 135 . c . Unless the emergency situation is apparent to a layperson, the City shall require the applicant to hire a certified arborist to review the application. For the purposes of this section, an "emergency condition apparent to a layperson" means a tree that is cracked, split, leaning or physically damaged to the degree that it is clearly likely to fall and injure persons or property. 55.02.045. Topping of Trees Prohibited. 1 . Topping is prohibited in the City of Lake Oswego. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from penalties for a violation of Type II permit requirements at the determination of the City Manager. 2 . If a utility, public agency, or other person who routinely tops trees in furtherance of public safety, such utility, public agency or other person may apply for and obtain a blanket topping exemption pursuant to this section based upon an arborist ' s or forester's report establishing a methodology for topping in compliance with this subsection. 55.02 . 050 . Application for Permits . An application for a tree cutting removal permit shall be made upon forms prescribed by the City . The application for a Type II Ordinance No . 2097 Page 4 of 13 1 0 permit shall contain : 1 . The number, size, species and location of the trees to be cut on a plot plan of the property; 2 . The time and method of cutting or removal ; 3 . A statement of the reason for cutting or removal; 4 . Information concerning any proposed landscaping or planting or any new trees to replace the trees to be cut removed; and 5 . Any other information reasonably required by the City . (Ord. No. 1429, Sec . 1 , 05-18-71 . Ord. No. 1631 , Sec . 2 ; 07-20-76 . Ord. No . 2059, Sec . 1 ; 06-16-92 . ) 55.02.061. Repealed.Notice _f Pr__ Cutting Intuit _ �.. applicco —fc_ 0tree t_::; pc_m4-t p: 3uant to LOC 5S. 02 . 080 (1 ) , (2 , and/or (4 ; on an us dovolopcd parcel ohall pont notice of approval---e-.0f a tree cutting. permit on the p.- p `y in a. cl:.nrly location . Te notice z ' , otot` that tree cutting permits arc pending for trete on the property marked by r ell:: ribbon, shall include the elate of poating, and zhall ratato thate t., con be appealed ..-thin l pouting by filing a written notice of intent to aptoal with the Lake Oc::zgo Nanning Department . The applicant ohel l mark each tree prt-.4,000 ci ng or peen;` a Yellow ribbon to the tree at 4. 5 fo. t a':,..-. e tctooil ci ou:-ttt love! of the trunk. The applicant shall file an affidavit of po3t:ng and marking once *::o propert4 na3- con the trcec ho o teen marked pur3uant to thio : .......ion. The tree chs.,- nmac iccucd for fourtccn dayz from the date of filing of the afc id v it of ;ur,,iay to allow for appeal . The applicant c h o- l- iaintain the-resting and marking for the full fourteen day3 . (Ord . No. 2055), Soc . l ; OG 1G 92 . ) 55.02 . 065. Review of Permit Applications. 1 . Except cc 3-ube-ee - k'YJ 2 . of thi3 'JCC, - __ __p o _ to . .... approved v .... L.. ._i... ..,,,, uNNilcat .- 51511 aNN�_ L_ „�. '' ' Mono or-:Review of ypermits shall be as follows : a. Tvte I permits shall be issued without further review upon application and demonstration by the applicant that the applicant 's request qualifies as a Type I permit pursuant to LOC 55.02 .042 (1) . b. Tvoe II permits shall be reviewed and approved by the City Manager pursuant to LOC 55 . 02 . 075 and 55 . 02 . 080 . c . Emergency permits shall be reviewed and approved by the City Manager pursuant to LOC 55. 02 .042 (3) . z . Of an o:rtei:- .. - 03 idod in LOC 5- . 02 . 064 (3) , if tho troo prop000d to to Y'. - :ac boon r --uir od to vi- N--iv�ecit:u ]S ? btl31Ori approval of u land ....'.a action purcua.t to the Lake O3:;ogo Zoning or Development Code, the tree cutting application :aI4-to p o occo : cc ..,. amendment to that and t o... ...d oh t t h _ - . - cd ..l .� �.. �, .:��.,.. .,.. ,.....y- �. .... ....� arN-:.. � by the bodes reapon3iblc for rcv ic.+ ucc act iooc . 3----�'.: morgcncy tree cutting permit icoucd pur3uant to LOC 3.5 .92 .080 (3) a.all to cigncd by the City Manager and not by the City Manager'3 deaigoco, c;:ee t ac -pto v'i cu i"t; LOC 5S .42 . 080 (3) . Ordinance No. 2097 Page 5 of 13 161 The applicant shall have the burden of proving that his or her application complies with the criteria for approval of the applicable class of permit . (Ord. No . 2059, Sec . 1 ; 06-16-92 . ) 55 . 02 .067 . Repealed.Appea-1-r - -y Son may ap;o + - '--- " to __ tree etetti ng permit by filing a ;;oto n ..-`= -f intcnt to .xppool,' along w'i-th t:c oppliooblc appeal fcc cetabliohcd by rcooluti-an c€ the City C;,u ncil, within fourtoon coy of the `ili ny cf the e4-fidavit of pootin; p,...+cuo nt to LOC 5 .°2 .061 .,�,�.�r ilu;ac to file within the fourtoc n dayoppool poriod ohall F,iarc Itid , oppool • :: _ -- `or _ _- __--• a:r.r.i i..a„nt—L. .. ,.+". cutting N..rmit p�}. oNNa-aii e€ Lc p.v . e .. .. tccti.... cf intent to appoal, 'l ng +tet-h--tho applicablc f±l+. - 'cc cotabl hod `-• o_ cf the G4 Council , .Y- thin four`---- day:, of the date o€ denial 3 . Tho appoaAl ohall be, hoard Covclepment 1`.•••• •• Gemm"." -n (DRC; , which shall hold - public hoaring on tho a:.ppoa:.1-- The City ohall oc[1d writton notico cf t-ho hcaring to the applicant— t'.:o ...k p:l l.ant if different from tho applicant, o;-d to the recognized Ncighbori,00a Asoociaticn fer—t:o arca in which the subject i; locotod, of boot ten dayo in advanco of the hearing. _ The LSCC ohall hear tcotimony from tho appellant, followed ty t:coa ih favor of `c appc..'r, —ehcoc 3i;pe9ed-4!o t -(bc irininq with the applicant if diffcrcnt from the op;ollant; , and eefre-luding with rebuttal by the appellant . Any N;r,;;;n may tcotify before tho L^O, roll:,::i ny tho Obooe of tho public tc3timony, the DRC ohall dctcrmi.-, upon tho -„i .aaco r-- — .co -d, ettr or :,off—the „p lieotion complioo i&—thc criteria ppm ' ., n TL- the L-__.' Lp.ViTVViI(\..,..a ill . • • • 111Ci 1lTiZZLi I.,.+✓ V�l..l l\,.. {3G..{Al ll~r� 4�S l..aetei'n-th ' - ---- - v i. � Va v _ a -- ✓ aa.:a.a✓.,:✓ for app:. :� d-:l :� the application- ,. a__i __ -L.. , - ;,e f_ _ , for ten days J • (7 UCiV i✓1Vi1-'e +tflA1 from tho dote of tho :coring. Any pCi o6h ::he appeared before the ORC either Droll;: or in ;;ruing may ap,p,00l c'-c cle,,i:•S.r.:l to the City Ceafcil by filing o writ-ton notic- cf intent ::o *0-0161, .yam -' f- - cJ'ca l at;cc; :..� i---'-•ti- 3f the ^------- , with the G�I� .�/L,!\..Mi M�.. ` V \.VlAf i4rii, Y►i C -ty : harder within ton dor o of—tho dote of the DRO :curing o& which it; ;vuu li. - - . .. _ _ - _ _ - . _ with any ;;rittcn otaff report; -r tc3timony, ohall be fc ;;ordcdto the City Council . ::rittcn notioc of the oppool hcoring ohall be Dent at lcaota.— h c,ai o it o,4va neo cf the Council hearing to those per3on; who oppearod he-f oa:o the DRC. TL- :-o---a- L-f-ems ' cuncil ✓ha,a -1 bc cnayc.ac:sdka eotnniiBrYt:ex 13afore the DRQ. and of V;.;:.7, .::o who appearedbcforo tho C^O -roll; or in writing may c. ✓S.ia`Y . The.: Ca-ui Gil i .3. ...Gari.; ;hail other:;roc comply with 3ubecetion 4 of this occtio.a. Tho '--1 " -n of the Council ;Lull bo final . (Crd. ..o. 2059, Ccc. 1, 06 1G 92 . ) 55 . 02 .071. Repealed. - - 1 TL._ __._ t-__ - _ ,y -L_ „ t apply . V Va ia.V:114 a..V1Ta.M iaf Va.a 1a1 • • ✓ala+ii 11V to application; €or trot cutiti ng ;crmit3 for trcc; 13catcd Ln dem- _' - _' ;:L---- Vpac:u p�u iCOio, c;.�c'Ve�t a,.a c: V \AVU ia.�' .0 MV VL within V ILCi✓{..i11Vt-i-ve N&turol :arca” purouant to the Lake ud;. h Comprchenoivo rlc.::, or Ordinance No . 2097 Page 6 of 13 162 -4-b :.ao boon cxprcooly protected cr required to be p*ccerveA ac ,_ ce....ai.tion of op;ro ol--e-f development purr ..ort to the La::o 9o::e;o Zoning or Development Code3; or - c) To l h 4 d 4.1-.. arca or p o 1 t L, t. hoc 'ea*e. p' placed on tho niotoric Lan -r-): Docignation Liot purouan t to LOC Chapter 58 . .2 . The Criteria contained in LOCo:o11 not 1 � .02 .080 apply to ap,pl_cat_cco for tr__ cutting permito for 't_ o c on propory, oubject to .. final _and ..cc action apprcvcd Narouant to LOC Chaptcro 4f' or 19-4-f the removal of c;ecific trccc wao rovicwed- approved ao part of the land wa-c action pursuant to LOC 56 . 02 . 030 (2) . Removal of treco in violation of ouch land .,.,e o__ . .a' however, 34---}mac chapter. The ' oha"1 ,-. 'ho l.. _ _ _ _ _ ..� aNN1Cant o..� ..� . � ..� �.._� _ _ _ or her application _c e..e:npt f:....m re. _.w purouant to oubocct_....c er 2 of t- a 3cction . If--the c.pp1icont dc.......;tratco that hic or her cpplication ic .V.pt f:.o_.. _o. _o.w, a tree ou+-t_. - - .rmit o.ed. 'i-Ord. No. 2056, Soo . " ; 96 16 92 . ) 55.02.075. Notice Requirements for Type II Tree Removal Permits. An applicant for a Type 11 tree removal permit subject to criteria under LOC 55 . 02 .080 (1) (a) (ii) , (3) , and/or (4) shall post notice of application for a tree removal permit on the property in a Iodation which is clearly visible to vehicles traveling on a public street and to pedestrians walking or biking by the property. The notice shall state that tree removal permits are pending for trees on the property marked by a yellow plastic tagging tape, shall include the date of posting, and shall state that any person may request that a hearing be held on the application by filing a written Request for A Hearing within fourteen days of the date of posting'. The applicant shall mark each tree proposed to be removed by tying or attaching a yellow plastic tagging tape to the tree at 4 . 5 feet above mean ground level at the base of the trunk. On the date that the property is posted, the applicant shall send a letter to the neighborhood association for the area to notify the association of the removal request . The applicant shall file an affidavit stating that the property has been posted, the trees have been marked and notice has been mailed pursuant to this section. The tree removal permit or permits shall not be issued for fourteen days from the date of filing of the affidavit to allow for the filing of a request for hearing. The applicant shall maintain the posting and marking for the full fourteen days . 55.02 .080 . Criteria for Issuance of Type II Permits. Dxcept cc provided in LOC 56 . 02 .071, The applicant must comply with the following criteria to obtain a Type II tree removal permit. The City Manager may require a certified arborist ' s report to substantiate the criteria for a permit . The four categories of criteria are as follows :ccc of the following four provioiocc in• order to obtain a t-rcc cutting pormit : 1 . Dead or Dying or Danacrou3 Trees : Except as provided by subsection -(-e4-(b) of this section, a tree eiottting removal permit shall be issued if the applicant demonstrates that a tree is dead Ordinance No. 2097 Page 7 of 13 or dying cr dangerede. (a) For the purposes of this section: i) . "Dead" means the tree is lifeless . ii) . "Dying" means the tree is diseased, infested by insects or rotting and cannot be saved by reasonable treatment or pruning, or must be removed to prevent spread of the infestation or disease to other trees . yDangcrouo" moano the ee nd:t i- --er location c€- the tree preeen�e a clear pub-lie afety hazard or a forcocczablc danger of ;rc;crty damage to ,..n o..iating otruct::rc and ouch hazard cannot reaoonabl we alleviated t treatment or pruning (b)+ In order to decleywhether a trcc ia dying or • dangcrouo within the meaning of LOC 5f .02 .080City the cha'_l -require - ir he _;, icon�-tc pay a fee in ouf`ic_e t amount to .. ccwlc the City to he. ... pro€eg: cnal orbo_ ict or forcotcr of the City' o choice to review the application. -(b) In order to provide for wildlife habitat and natural processes, the City Mc nager may require the retention of dead or dying trees located in wetlands, distinctive natural areas, stream corridors, parks or open space areas required to be preserved as a condition of development approval, unless the tree presents a potential hazard to persons or property . (c) The City may require the applicant to mitigate for the removal by requiring the planting of new trees or other vegetation. The mitigation planting may be required on the property or elsewhere in the City. The City may impose such mitigation requirements as a condition of approval of the permit . 2 . Hazard Trees : (a) The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. (b) The City may require the applicant to mitigate for the removal by requiring the planting of new trees or other vegetation. The mitigation planting may be required on the property or elsewhere in the City. The City may impose such .mitigation requirements as a condition of approval of the permit . 4.-r3 . Trees that are Not Dead, Dvina or Danaerouo Hazardous : The City shall issue a tree cutting removal permit for a tree that is not dead, dying or dangerous if the applicant demonstrates : (a) The tree is proposed for removal for landscaping purposes or in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable development regulations ; (b) Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and (c) Removal of the tree will not have a significant negative impact on the character, aesthetics, property values or property uses of the neighborhood. In making this determination, the City may consider any proposal by the applicant to mitigate for the loss of the tree by planting new trees or other vegetation . The City may impose such mitigation requirements as a condition of Ordinance No . 2097 Page 8 of 13 I (j 4 approval of the permit . The mitigation planting may be required on the property or elsewhere in the City. 4 . Volume Removals: Volume removals will be reviewed for the size of trees to be removed from the property. If all trees are less than 5 inches diameter breast height (DBH) , no permit will be required. If any of the trees to be included in the removal are 5 inches or larger, the criteria of subsections 1--3, above, are applicable. �fiC► :'crmito : (a) If t.• -is a of a--taco preoeni f: an immediate eienger of ccllapoc and if cuch potential ccllaj; ocprcocnto a clear and N–. .... –::ar --d to peraene–er ;:sporty, an f-mcrgcncy tree e .e.t:n7 ;c t may bo ' ---.,.a without formal applic:?4,47y;,•, a7 • payment- of a fcc . For the purpooco of thin ouboccdo n, iLisalmt44artc danger of col lapoc" mcaco that thc:c ic a ci;ni f icant l ince l i hood that the t- ec ..ill topples cr chcrwicc fail and ca-,:ca da:magc h :tore a tree etr -ti g pormit could to obtained through t.c daaecr of ccllapoev docs---not include hazardouo cood_t_coc that can be alleviated pruning byp c treatment . r.r .7 ;b) Emergency t_cc cutting permito muot be approved Illy the City Zia nagcr, or in the City Manager` o aboer.cc, ; p--tho acting city manager. t•Y an ,,m�rycocy situation aricco aw a time when the City 21..,nager ai acting city manage_ ,,�- oaa±la,-lc, uaau .�ad dei emergency crcatco a significant likelihood that tree will topple or other;..00 2c.il ouch official6 ava. la•iale, the tree _000c of the tree to the o;tt-e t .. -- ---ry t o avoid the immediate 1a.11..ci d. Within cc= :aye after ca,c1'' remeval, the t_o- owner o:all apply for a retroactive emergency • -rcc c,: -ting permit . 14--; v i c ce and information presented by the tree owner loco eiiticrgcne'j tree ..u`ti: eta ndarda cot forth in LOC 5-5 . 02 .080 (3 ) (a) , the application ohail be denied and the tree owner a,x.11--mac aa13j-e•et to peoalty p:. -,:& to LOC 5€ . 02 . 130 and the mitigation requirement3 of LOC :5 . 32 .12,S . •(c; cmergemcy 3ituatia; i3 •ppiicnr.t to pay i. fcc in a ouf f icien` u.;,ou:at to onatic the Citi to hire a z,rofe33ional Chic ccctionan yemcr•gencLy apps,`.:----to a layperoon" me•iLtc a tree that is erachcd, :caning ., phYcically damaged to the degree that it. is t iearl`y' likely to- Call am & zn7urc peroorr is-r–preper T000in , . In order to obtain a tree cut-ting permit for the purpocc of— eppi.y a tree, the applicant shall do anatrate- that e hpruning practice:: a. c imp . - - . . - - - - - - ' 'stte.� as lloenrala �ouacd by ator r ..4ather damage or growth of 4.rc6 u n31er 3r ;:t to u = ' = '-r ..3.rc3 ar other obotructiono . The City Shall require the applicant to pay a fec in a auf ficie:rt- amount to enable the City Lo nine a prorcooional arborist or forcctcr–ta rcvicw t c application. If a utility, public Agency, or other peroon routinely top° trcec in furtherance of public Safety, ouch utility, agcncy or ather plc i:oo may.ay a apply for and obtain a blanket topping pc -snit per3uant to Chia °cction l e an orboris -' a 3r f3 cater-o ::cpart c3tablia:ing a iY,cthodology for topping 1.. coa.;pliaoc: with t.ic aa:b°cction . (Ord. No . 1429, Cies . 1 ; Ordinance No . 2097 Page 9 of 13 ') J 05 18 71 . Ord. No. 205 , 1 ; 06 lU 92 . ) 55.02.085. Request for Public Hearing on a Type II Permit. 1 . Any person may request a hearing on a Type II removal permit by filing a written Request for Hearing, along with the applicable hearing fee established by resolution of the City Council, within fourteen days of the filing of the affidavit of posting pursuant to LOC 55 .02 .075 . Failure to file within the fourteen day appeal period shall preclude such a request . 2 . An applicant for a tree removal permit may appeal denial of a permit or conditions imposed on approval by filing a written notice of intent to appeal, along with the applicable filing fee established by resolution of the City Council, within fourteen days of the date of decision on the permit . 3 . Requests for hearing and appeals shall be heard by the Development Review Commission (DRC) , which shall hold a public hearing on the request or appeal . The City shall send written notice of the hearing to the applicant, the person requesting the hearing if different from the applicant, and to the recognized Neighborhood Association for the area in which the subject property is located, at least ten days in advance of the hearing. 4 . The DRC shall hear testimony from the applicant, followed by those in favor of the application, those opposed to the application (beginning with the person who requested the hearing if different from the applicant) , and concluding with rebuttal by the applicant . Any person may testify before the DRC . Following the close of the public testimony, the DRC shall determine, based upon the evidence and testimony in the record, whether or not the application complies with the criteria contained in LOC 55 .02 . 080 . The minutes of the hearing shall contain the DRC' s reasons for approving, denying or modifying the application . 5 . A decision of the DRC shall not become final for ten days from the date of the hearing. Any person who appeared before the DRC either orally or in writing may appeal the decision to the City Council by filing a written notice of intent to appeal, along with an appeal fee established by resolution of the Council, with the City Recorder within ten days of the date of the DRC hearing at which its decision was made. The minutes of the DRC meeting, along with any written staff reports or testimony, shall be forwarded to the City Council . Written notice of the appeal hearing shall be sent at least ten days in advance of the Council hearing to those persons who appeared before the DRC. The hearing before the City Council shall be on the record established before the DRC and only persons who appeared before the DRC orally or in writing may testify. The appellant shall testify first, followed by persons in favor of the appeal, persons in opposition to the appeal (beginning with the applicant if different from the appellant , and concluding with rebuttal by the appellant . The Council ' s hearing and decision shall otherwise comply with subsection 4 of this section. , The decision of the Council shall be final . 55.02 . 125 . Evidence of Violation. 1 . If a tree is removed without a tree cutting removal permit , a violation shall be determined by measuring the stump. A Ordinance No . 2097 Page 10 of 13 ► ') stump that is 22 inches or more in circumference or 7 inches or more in diameter shall be considered prima facie evidence of ea violation of this chapter. 2 . Removal of the stump of a tree cut without a tree c:;.tti removal permit prior to the determination provided in subsection 1 of this section is a violation of this chapter . 3 . Proof of violation of this chapter shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the violation was committed. Prosecution of or failure to prosecute the owner shall not be deemed to relieve any other responsible person. (Ord. No. 2059, Sec . 1 ; 06 -16-92 . ) 55.02 .130 . Penalties . 1 . The cutting removal of a tree in violation of this chapter, or the breach of any condition of a permit granted under this chapter, or the violation of any other provision of this chapter shall be a civil infraction as defined by LOC 34 .04 . 105 (1) , enforceable pursuant to LOC Article 34 . 04 . Cuch inf rac;.; ;-. shall be oubjcct ta o ate-.it p,c salty of $500 . The unlawful cutting removal of each individual tree shall be a separate offense hereunder . Failure to comply with a condition of approval shall be a separate infraction each day the failure to comply continues . 2 . Et.tting Removal of a tree in violation of this chapter is hereby declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to LOC Article 34 . 08 . 3 . A person who removes a tree subject to the Type I or Type II permit requirement may obtain a retroactive permit by demonstrating compliance with the applicable criteria. Permits applied for retroactively shall be subject to a triple permit fee. In addition, the applicant shall pay a penalty per tree in an amount established by resolution of the City Council and shall be subject to the mitigation requirements of LOC 55 . 02 . 135 . . --4 . Upon request of the City Manager or direction from Council, the City Attorney may institute appropriate action in any court to enjoin the cutting removal of trees in violation of this chapter or to require the replacement of trees cut removed as required by LOC 55 . 02 . 135 . 44-5. A builder, developer, or tree service i. pc.c,3 n holding a City Business License who is convicted of violating any provision of this Chapter is subject to a proceeding to consider revocation of the license pursuant to LOC 20 . 02 . 085 . 6 . Any arborist, landscaper, contractor, or tree service that has performed any tree removal in violation of this chapter or submitted a falsified report for the criteria required in this chapter, shall not be considered a responsible bidder for any City contracts for a period of two years from the date of violation or report . . --7 . The rights, remedies and penalties provided in this chapter are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provision of law. (Ord. No . 1429, Sec . 1 ; 05-18-71 . Ord . No . 1880 , Sec . 1 ; 02-07-84 . Ord. No . 2059, Sec . 1 , 06-16-92 . ) Ordinance No. 2097 0 Page 11 of 13 A F) ,7 55.02 .135. Mitigation Required. 1 . If a tree is ettt—removed in violation of this chapter, the owner of the property shall be responsible for mitigating for the loss of the tree. As soon as a violation is determined, the City shall notify the property owner in writing regarding the mitigation requirements of this section. Within thirty (30) days of the date of mailing of this notice, the property owner shall enter into a mitigation plan approved by the city . The mitigation plan shall provide for: (a) Replacement of the tree ett--removed in violation of this chapter with a substantially similar tree, taking into consideration site characteristics, including the suitability of size of the tree at maturity in relation to the tree's placement on the site . If a replacement tree of the species of the tree eta removed is not reasonably available in the local commercial market, the City Manager may allow replacement with a different species of equivalent natural resource value . If a replacement tree of the size of the tree cut removed is not reasonably available on the local market or would not be viable, the City Manager shall require replacement with more than one tree. The number of replacement trees required shall be determined by dividing the estimated caliper of the tree cut removed by the caliper of the largest reasonably available or viable replacement trees . No one tree shall be less than 1 . 5 inches in caliper. If this number of trees cannot be viably located on the subject property, the City Manager shall require one or more of thq replacement trees to be planted on other property within the City or the remaining balance of caliper inches must be paid into the city's Tree Fund at a cost per caliper inch established by resolution of City Council . (b) A replacement plan provid:.ng for the planting and maintenance of the replacement tree or trees . The replacement plan shall provide that if any replacement tree dies within three years of planting, the property owner shall replace the tree. The City Manager may require the posting of the bond or some other form of guarantee to ensure compliance with the mitigation plan . 2 . Failure to enter into a mitigation plan as required by this subsection or failure to comply with any condition of that agreement shall be civil infraction as defined in LOC 34 . 04 . 105 (1) , enforceable pursuant to LOC Article 34 .043ubjcct to 7; vil. penalty of $5-00 . Such failure shall be a separate infraction each day the failure to comply continues . In addition, the City Manager may refuse to accept any development permit application for the subject property or stop work on any development approved for the subject property under LOC Chapters 48 or 49 until an acceptable mitigation plan has been executed or complied with . (Ord. No. 2059, Sec . 1 ; 06-16-92 . ) Section 2 . 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 . Ordinance No. 2097 1J8 Page 12 of 13 Read for the first time by title only at the regular meeting of the City Council of the City of Lake Oswego held on 6th day of December , 1994 . AYES : MAYOR SCHLENKER, CHRISMAN, KLAMMER, HOLSTEIN, ANDERSON NOES : NONE ABSTAIN: NONE EXCUSED: PUSKAS 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 , 1944 . AYES : NOES : ABSTAIN: EXCUSED: Alice L. Schlenker, Mayor Dated: ATTEST: Kristi Hitchcock, City Recorder TO FORM: '107 Aiidoss,' /11.7G -e)eeycYfl. Cuty Attorn [2097 ] Ordinance No. 2097 1 j 9 Page 13 of 13 d A CITY OF LAKE OSWEGO X - B AGENDA CHECK LIST 12/20/94 Meeting Date: December 20. 1994 SUBJECT: ORDINANCE NO. 2109. A GENERAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 12 (ADMINISTRATION) AND LOC CHAPTER 32 (TRAFFIC CODE) TO STREAMLINE AND CLARIFY THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) ISSUE: Should the City Council amend LOC Chapters 12 and 32 to streamline and clarify the Neighborhood Traffic Management Program (NTMP)? OPTIONS: 1. Hold second reading of ordinance. 2. Modify ordinance. 3. Reject ordinance. RECOMMENDATIONS: Option No. 1. DEPARTMENT OF ORIGIN: City Attorney/Public Works Department. FISCAL IMPACT $ NOTICED (Date): November 24. 1994. EXPENDITURE $ PREVIOUS COUNCIL CONSIDERATION: REVENUE $ December 6, 1994 Council Meeting BUDGETED? YES _ NO ACCOUNT # ATTACHMENTS: Would the adoption or implementation fulfill an identified City Council goal, 1. Ordinance No. 2109. past or present? No . Is this a policy for inclusion in the City's policy manual? YesNo X . WP51\ORD\Agenda 1st '-t i 1 ... ■ ORDINANCE NO. 2109 A GENERAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 12 (ADMINISTRATION) AND LOC CHAPTER 32 (TRAFFIC CODE) TO STREAMLINE AND CLARIFY THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) The City of Lake Oswego ordains as follows : Section 1 : LOC 12 . 51 . 050 shall be amended by deleting the text shown by otriko cut and adding the new text shown in redline as follows : 12 .51.050 . Neighborhood Traffic Advisory Board. 1 . Creation; Membership; Term. There is hereby created a Neighborhood Traffic Advisory Board (NTAB) of the City of Lake Oswego consisting of nincseven members appointed for three year terms . 2 . Qualifications,. a . Except as provided by subsection (2 ) (h) of this section, NTAB members shall have the following qualifications : i , Six members shall he selected from residents of each of six districts adopted by resolution of the City Council . Onc member cull x,i a i,c�oon who owns or operatcc a to incaa C:.:t End (c 4,43,wr. and vicinity; . c a„ca+A'c a. ahall wc u r.._./"uvvr's,u va. operat__ c L.-__ ____ in the Weat End (0 . g. .',rucc Way, L- - . Moun-tai n t rk and vicinity) . iv. One member shall be a citizen selected at large. iii . No more than one member may reside outside of the Lake Oswego City limits. b. In the event that no qualified individual applies to serve from one or more of the districts established in subsection 1 (a) 2 (a) (i) of this section cr as a 1:;66ir,�sJ peroon from t.:c e e3eri'tcd i.: ou:ace;ic:.c 1 (b) or 1 (cY of ti,ia ,ectien, the Council may appoint an otherwise qualified resident eraar: from outside of the district cr arca . In making such an appointment, the Council shall be guided by the purpose of subsection 1 , which is to ensure geographic diversity on the Advisory Board. Nothing in Subsection 2 shall be read to require the Council to appoint any particular person. 3 . Duties . The NTAB shall exercise the powers and duties as expressly set forth in LOC Chapter 32 . The NTAB shall undertake no other powers or duties or undertake any other project without first obtaining approval of the City Council . 4 . Meetinas, Notwithstanding LOC 12 . 50 . 025 (2) (d) and LOC 12 . 50 . 030 (3) , the NTAB shall call no more than one special meeting per month in addition to its regular meeting without first obtaining prior approval from the City Council . Ordinance No. 2109 Page 1 of 13 f,,; l Section 2: LOC 32 . 02 .010 shall be amended by deleting the text shown by otrikc out and adding the new text shown in redline as follows : 32.02.010. Definitions. For the purposes of this chapter, the definition in ORS Chapter 153, 743 and 801 through 823, inclusive, are adopted and the following words and phrases shall have the meanings respectively ascribed to them by this section: 1 . Association - Any neighborhood association, community planing organization, or homeowners association within the Lake Oswego Urban Services Boundary. 2 . Bus Stop - A space on the edge of a roadway designated for use by busses loading or unloading passengers . 3 . City Manager - The person holding the position of City Manager or the Manager' s designee. (Ord. No . 2024, Sec . 1; 3-05-91 . ) 4 . Citizen - Any registered voter within the Lake Oswego Urban Services Boundary. 5 . Curb - The extreme edge of the roadway . (Ord. No . 2024, Sec . 1 ; 3-05-91 . ) 6 . Driver or operator - Any person who is in actual physical control of a vehicle upon the highways of the City . (Ord . No. 2024, Sec . 1; 3-05-91 . ) 7 . Gross Weiaht - The weight of a vehicle or combination of the vehicle without load plus the weight of any load thereon. (Ord. No. 2024, Sec . 1 ; 3-05-91 . ) 8 . Holiday - New Year' s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other day proclaimed by the Council to be a holiday . (Ord. No . 2024 , Sec . 1 ; 3-05-91 . ) 9 . Loading Zone - That space adjacent to a roadway, designated by sign, for the exclusive use of vehicles during the loading or unloading of passengers or materials during specified hours of specified days . (Ord. No. 2024, Sec . 1 ; 3-05-91 . ) 10 . Non-Correctable Accident - An accident of a type or caused by an event that would not have been prevented had a traffic management or control device been installed and would not be correctable by the installation of such device. +G11 . Official traffic signs and signals - All signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of guiding, directing warning or regulating traffic . (Ord . No. 2024, Sec . 1; 3-05-91 . ) 12 . Pedestrian Oriented Facilities - Facilities which encourage, are associated with, or generate walking or bicycling as opposed to use Of an automobile. 4413 . Private Road - Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from him, but not used by other persons . (Ord. No. 2024, Sec. 1; 3-05-91 . ) Ordinance No. 2109 Page 2 of 13 Al3 14 . Proiect Street - The street or segment of a street, as determined by the City Manager, for which a traffic control or management device has been requested or proposed. 12 . Public Works Director The poroon appai-&ted by the City Manager to- ocrvc ao Public Wor::. Dir:,:itor or any other ;c- ont- e ' - = - - - = ' - - - - ; = .. _. - - ti..., of the Public Worko Director N::rauant to thio Chapter. 4-3.15 . Street - The entire width of the right-of-way of any public road, highway or other public way. 4416. . Traffic Control Device - An apparatus for the regulation of traffic subject to the standards of the Oregon Manual on Uniform Traffic Control Devices (MUTCD) , including stop signs, traffic signs, and other similar devices and markers . 4-517 . Traffic Lane - That portion of a roadway used for the movement of a single line of vehicles . (Ord. No . 1145, Sec . 2; 2-21-67 . Editorial change 1-14-86 . Ord. No. 1975, Sec . 3; 9-20-88 . Ord. No. 2024, Sec . 1 ; 3-05-91 . ) 4618 . Traffic Management Device - An apparatus for regulation of the flow or speed of traffic not subject to the standards of the MUTCD, including speed ehumps, curb extensions, traffic circles, traffic diverters and street closures . Section 3 : LOC 32 . 04 . 024 shall be amended by deleting the text shown by atrikc out and adding the new text shown in redline as follows : 32 .04.024 . Authority of the NTAB. The NTAB shall : 1 . Attrially arioritizcReview requests for neighborhood traffic manager,tent devices, hold public hearings, and make recommendations regarding neighborhood traffic management devices pursuant to the Neighborhood Traffic Management Program. 2 . Hear and decide appeals of decisions of the Di.rc4 City Manager to approve the installation or removal of, or decision not to install or remove, traffic control devices on neighborhood collectors or local streets pursuant to LOC 32 . 04 . 023 (2) (b) . An appeal shall .be filed within fifL en days of the installation or removal of, or decision not to install or remove, a traffic control device . The NTAB shall base a decision to affirm, reverse or modify the decision of the Public Worko DiroatorCity Manager upon the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) . The NTAB shall adopt findings explaining its decision. 3 . Annually review proposed amendments to the City' s Capital Improvement Plan (CIP) and make recommendations to the Lake Oswego Planning Commission regarding the nature and prioritization of street projects contained in the Plan or proposed amendments . Section 4 : LOC 32 . 14 . 032 through 32 . 14 . 042 shall be amended by deleting the text shown by sari::; cut and adding the new text shown in redline as follows : Ordinance No . 2109 Page 3 of 13 '7 4 32.14 .032. NTMP Policies. The following policies shall guide the NTMP: 1 . Application of the NTMP shall be limited to local streets and neighborhood collectors, as designated in the Transportation Element of the Comprehensive Plan. This limitation shall not restrict the NTAB from considering the impact of an NTMP project on streets with other functional classifications as designated in the Comprehensive Plan or from recommending improvements to such other streets as the NTAB deems necessary in order to accomplish the Goals of the Comprehensive Plan relating to neighborhood traffic, neighborhood collectors and local streets . 2 . Through traffic shall be discouraged on local streets by routing to major collectors and arterials as designated pursuant to the Transportation Element of the Lake Oswego Comprehensive Plan. 3 . The City shall employ traffic management: devices to achieve the NTMP' s objectives . Traffic management devices include traffic circles, speed 4ahumps, diverters, medians, curb extensions, and street closures . "Traffic management device" does not include "traffic control devices" regulated by the MUTCD . All traffic management devices shall be planned and designed in keeping with sound engineering and planning practices and pursuant to adopted City standards and specifications . The Public Works DircctorCity Manager shall direct the installation of traffic control devices as needed to accomplish the project, in compliance with the City Code . The NTAB may decide not to install a traffic management device if a traffic control device is justified and will alleviate the problem. 4 . Reasonable automobile and emergency vehicle access shall be maintained. The Fire Chief and Police Chief of the City of Lake Oswego shall determine whether a particular NTMP project will maintain adequate emergency vehicle access . 5 . NTMP projects should encourage and enhance pedestrian, bicycle, and transit access to neighborhood destinations . 6 . NTMP projects shall not significantly increase vehicle miles traveled (VMT) per capita as defined by the Statewide Land Use Planning Goal 12 Administrative Rule (OAR Chapter 660 Division 12) . 7 . Traffic fetayshall not be rerouted from one local street to another as a result of an NTMP project : . The amount of rero4 traffic tha,. iV Lill.\.jJ L L lJ 14 V..V UiL .J l- defined on U YJ1 V)C.t.V y p'r'oject .'. ,Jaaio . in no caoc onatl traffic Lc Lcirrlt`cu - ':';"'c �e c€feet would be to a`etraf pv&,len,--etr—the _e;I:ei ing street which would ld qualify for cenoidcruri-on for the NTMP pursuant to LOC 32 . 14 . 034 or which would crcote traffic which ,,.,-,:i .1 c;:cced the dC3iyn capacity of the receiving otrcct . a. Traffic ohollnot bo rcroutcd iIf a traffic management device which does not directly reroute traffic, such as traffic Circle ca. cpccd }�tu -, will alleviate the traffic problem-; b. If average daily weekday traffic .(ADWT) on receiving streets with an ADWT of 400 or fewer vehicles per day would Ordinance No. 21,09 Page 4 of 13 ' 1 rJ increase by 100 vehicles per day or more than 50%, whichever is less, as a result of rerouting; c. If ADWT on receiving streets with an ADWT of more than. 400 vehicles per day prior would increase by more than. 25% as a result of rerouting; or d. If ADWT on receiving streets would exceed 1200 vehicles per day on a local street or 3000 vehicles per day 'on a neighborhood collector. 8 . Street closure may only be utilized as a traffic management device in cases where no other traffic management device will alleviate the traffic management problem. 9 . The City Public Works Department shall implement the NTMP in accordance with applicable codes, standards and related polices e n: within the li. it3 of avai3ablc a.c3ourcco. 32 .14 .033 . Application. 1 . Any ten citizens and/or business license holders or an Association by vote of its board may file an application for an NTMP project . An NTMP project application may include a request to install one or more traffic management devices in order to alleviate a particular traffic management problem. An NTMP project application may also include a request to remove or modify an existing traffic management device or devices . The application shall be filed with the Public Works Department on such form as is prescribed by the ^:till: ::: r::c DircctorCity Manager. 2 . Applications Shall be filed, heard and ranked by November 15 shall be considered for funding in the following fiscal year. by Augu3t 1 of c.cch {✓iucrc.tion in t1-.a- =.;.:'.;aa,,;;.:cnt twelve month L✓4113u. >N t, 1vutival✓ t'r`C4'Y W'C..:C..a u.S-t-el Auguat Lhall... .�. -retc.i..cd for con31dcraticn after Augu3t 1 of the -uccccuing r cur. Cixtr day a pi-ior to the Augu3t i tist: -Werk3 Dircctcr Sena' written :lctiac - . (CCI4 and to all raaagni:cd .. ig ei od ,;zaaaiution3, -county planning c,rganizationc anu ether intcra ; (.4 66ciation3 of 4h3 cicacilinc •_ _ _ ci. filing aiq application 3. Applications heard and ranked after the November 15 deadline will be considered in the following year's budget cycle. 32 . 14 . 034 . Preliminary Staff and NTAB Review. 1 . a i/t aa LJLVVIUVU 11UJC,:a t1 V{{ L of 4i{1J 5C.4413 1, The Tt± l is Works DircctorCity Manager shall gather preliminary data about each NTMP application, including volume of traffic, physical characteristics of the subject street, speed and accident information, etc . The DircctorCity Manager shall review this information and assign points to each and every application as follows : a . Traffic Volume: Average daily weekday traffic (ADWTArBrfl) -(-on the segment of the project street having the highest volume) , ai ded-ey--1.00 . ADWT shall be determined by conducting an uninterrupted 48 hour traffic count, which shall be divided by 200 to determine the point total . The maximum point score pursuant to Ordinance No. 2109 Page 5 of 13 1 / b this section is 30 points . b. Speed: Percent of vehicles travelling at least 3 miles per hour over the speed limit -fon the same segment of the project street used to determine traffic volume pursuant to subsection (a) of this section having the highcot percentage wet, the limit) , divided by 3 . The maximum point score pursuant to this section is 30 points . c . Accidents : Reported accident rate over three (3 ) consecutive years , calculated at accidents per million VMT. Non- correctable accidents shall not be counted. The maximum point score pursuant to this section is 30 points . d. Schools : 5 points shall be assigned for each public or private school borderinglocatcd on the subject street. . 5 points shall be assigned to project streets which are located within a walking area surrounding a school as designated by a school district if the walking area does not have sidewalks or pathways . e. Other Pedestrian Areas : 5 points shall be assigned for each pedestrian oriented facility or group of facilities, if adjacent to one another. "Pedestrian oriented facilities" include elderly housing,--ante parks, the Library, Adult Community Center, neighborhood pool, and swim parks . The maximum point score pursuant to thisTT''''����section is 10 points .. �y��yy •gip - . ✓eo Gated r t-h . 'nett-tee. : ., ^^1 t.J rr v a .zignz.4--for a oubject otrcct whic:: i., dc3ignated uc a paw etttc in the City'-3 Pathway +`.aotc_ r'lan if it ic adjacent to a con3t tte:: ;ot::::cy. f . Street Without Sidewalks or Pathways . A maximum of 5 points shall be assigned if the project street is not bordered by a sidewalk or a pathway. 2 . The NTAB and Public Works Staff shall review all the applications and rank them in order of points according to the above described point system by November 15 £eptember 1 of each calendar year . No application shall be referred to NTAB for review unless it has been assigned at least 30 points pursuant to Section 1 . NTAB will review no more than two applications per month. Unless an emergency situation exists as describe by LOC 32 . 14 .042, applications shall be selected for review in a given month pursuant to date of filing. If the volume of applicatio..., io 33 great that involved i.. azoigning __: ._t totalo bccomco too ;urdenoo re for staff, the Public Worko Director ma; rociuect. the Board to extend the ;cptem ccr 1 cicck3.1 ] cam.educt a prc zcrocning- of the applicctic nc to :cduco the number of application3 for which point total. .....ot be rcaearchcd and aaeig ecu. If the volume of applications or complexity of an application makes consideration of two applications per month too burdensome for staff, the City Manager may restrict consideration to one application in any given month or months and/or may set over consideration of any or all applications to the next month: or later. The .2- applications with the highest point totals, but in no event an application of less than 30 points, shall be sent to the - - - ity Manager on November 15 for consideration for funding during the Ordinance No . 2109 Page 6 of 13 7 7 budget process . 3 . The Public :!ar'.;c . i.rcctorCity Manager shall review the ranked applications against the City's adopted Capital Improvement Plan (CIP) . The Public Worko T)ircctorCity Manager may change the ranking of an application or delete an application from the list if a capital improvement scheduled for construction in the CIP will or is likely to alleviate the trafii.c problem identified in the application . 4 . Public Worko Director ohall forard the lio-t1 alcng ;± a otaff rcpert explaining tncc. paint rar+kingo and cantaining recommended ooluticna and an anti:ate of cort3, to the NTAD and to all applieontc . The Public Workc DiractorCity Manager may recommend that no traffic management device be installed if it will create an unsafe situation. If the Public Worko Di.rectorCity Manager has deleted or changed the rank of an application pursuant to subsection 3 of this section, the DiroctorCity Manager shall set forth the reasoning for doing so in the report . 32 .14 .035. Repealed. .. •- • - - - • _ - - : - 1 . The NTAD c.all chadula a Neticc �, _ hearing aha4l ba cn --e-t leant twenty duy o i„ ..dna:. of the hcari..g to t.c applicant, for the •ncighboncacdc in which ra n::cd ;rajaa*3 arc lcaatc , and to all propertiaa but-tiny k-reet —i+ i r 1, 000 li:,cal feet of the t,: :,,.:3cd traffic management device 3r device . 2 The acic ic- c be e c the NTAD re hi-ng of the prcjccta . The Chi_ of the NTAD a.all apero--the public ta;:c cati;Ref2-y" §�rxerd-�1y' re4crYd ng the prt.5 33a rankir.ya . Any member of the public may tc3tify 3r.Al1y ar i n w ith Written tc3tima.y ahall either to aubmitted at thc .y . hearing or fi, __ ,th_ Public We }--- �u �•� �' aN,... 4mcnt by 5 :00 p.m. the day cf s-bc :caring. Thc�Chair may pl,;,ca time limit:, .,., tc3timony, with con3ent of thc Board. The Chair may continua t-ha pub1-4e hearing . 3 . ell„ .i*n7 the claac cf tcotimany, the NTAD Shall clibera c on t-h€ cv idcf and tcatimony in thcl racard and c c1- decided to affirm cr modify the ranking of t,.c propcae4-pre;c t3 . Any cccizy_ . t_ ;TEaicy t-_. raning 3hall uazd upon the pol i, ica eeittaincd in LOC 32 . 14 . 022 *he factara can~ cd in LOC 32 . 14 .034 ( 1) ar. cs > , arxc, engineering and Safety canai.deratic:.c . 4 . The NTAD a.all adopt an cr,f-: act-t-i-ng-€orth the approved ranking and containing a brief cxplanaticn cf it3 dcc±ci . . . ctice .-h--1 he i -t all par-aen testified cithar or, an wrieing one to a-ffeetet A33oci.,.tiana . .. dci.:,.. b ' the NTA'" chcll tic Baal . 32 . 14 .036 . Hearing on rrojcctApplication. 1 . Determination of Impact Area.. - high enough tc N cccc;, t-The Public :iork3 DircctorCity Manager shall establish an " impact area" based upon information obtained during preliminary review. The impact area shall include all Ordinance No. 2109 Page 7 of 13 1 7 8 households and businesses fronting on streets or segments of streets which are projected by the Public Wcr'.:c DircctorCity Manager to receive more than a minor decrease or increase in traffic volume or speed as a result of the proposed traffic management device. 2 . Hearing Required; Proiect Report . The NTAB shall hold a public hearing on the proposed project . The Public Work°. DircctorCity Manager shall prepare a staff report describing the problem, an explanation of the point ranking, the procedures to be undertaken and recommended solutions and the projected cost of the recommended solution. 3 . Notice. The Public Wor::c DiroctorCity Manager shall mail notice of the hearing at least twenty days prior to the hearing to all households and businesses within the impact area and to recognized neighborhood associations, county planning organizations and other interested associations within the impact area . The Notice shall explain the proposed project, describe the impact area, and state that a staff report is available by contacting the Public Works Department . The written notice shall state that any person may appear and testify before the NTAB concerning the need for the device, the device itself, the preliminary point total or the boundaries of the impact area. In addition, Notice of the hearing shall be posted on a sign large enough for drivers to read in the impact area. at a point as close to the proposed management device or devices as practicable . 4 . Conduct of the Hearina . The Chair shall open the public hearing and call for general testimony regarding the need for the project, the point total and ranking, the proposed traffic management device, or the boundaries of the impact area . The Chair, with NTAB consent , may place time limits on testimony . Any member of the public may testify orally or in writing . Written testimony shall either be submitted at the hearing or filed with the Public Works Department by 5 : 00 p .m. the day of the hearing. Following the close of testimony, the NTAB shall deliberate on the evidence and testimony in the record, based upon the policies contained in LOC 32 . 14 . 032 . Based upon the evidence and testimony, the NTAB may: a . Approve, modify or terminate the project ; b. Continue the proceedings for additional information; c . Modify the point total or ranking; or ed. Modify the boundaries of the impact area or, if the Board determines that it needs additional evidence of potential impacts to set the impact area, defer final determination of the boundaries of the impact area until after the temporary testing period described in 34 . 14 .038 . If the NTAB decides to increase the boundaries of the impact area, it shall schedule a second hearing on the project and direct that taerzo..c households and business that did not receive notice be given notice and the opportunity to comment prior to further action . If the Board decides to defer determination of the impact area, it shall consider the boundaries of the impact area at a public hearing Ordinance No . 2109 Page 8 of 13 .179 after the conclusion of the temporary testing period based on evidence obtained during the testing period. The City Manager shall recommend an impact area based on this evidence in a staff report. Notice of the hearing .shall be sent to all persons who testified on the application at the first NTAB hearing and, if the City Manager recommends exansion of the impact area, to' all households and businesses in the impact area that did not receive notice of the original hea:.-ing. 5 .4- The NTAB shall adopt an order setting forth its findings and containing a brief explanation of its decision . 46. .^.c-.-i c:; ip.Armeal to City Council . r '4—' 3n on of the NTAB to pr.—.:z04—with t-er :inatc a i = ct -`.:all bo � du to the City Cz ncil fcr A decision of the NTAB shall be final unless appealed to City Council by filing a written notice of intent to appeal within 15 calendar days following the date of adoption of the NTAB order. Only persons who appeared before NTAB orally or in writing regarding an application may appeal an NTAB decision on that application. An appeal fee may be established by resolution of the City Council . Notice of the appeal hearing—eft review shall be sent twenty days prior to the hearing to all persons who testified either orally or in writing before the NTAB regarding the application on appeal . The Council shall hear the appeal on the record before the NTAB. No person may testify before the Council that did not testify before NTAB. New or additional evidence may only be submitted upon a showing that consideration of such evidence is required by the public interest or that such evidence could not have been offered at the initial hearing by the exercise of due diligence. This new evidence exception shall he strictly construed to encourage submittal of all relevant testimony to the NTAB. With these exceptions, the Council shall hear and make a decision regarding the project pursuant to subsection 4 of this section . 7 . Once a project has been approved and becomes final, it shall be placed on the NTMP Project List in its rank order. The NTMP project list , along with copies of the final order on the project, shall be forwarded to the City Manager by November 15 for consideration for funding pursuant to the local budget process pursuant to LOC 32 . 14 . 033 . 32 .14 .037 . Initiation of Projects. 1 . The City shall undertake NTMP projects based upon rank and budgeted funds, beginning with the top ranked project and continuing down the list until budgeted funds are expended or are no longer sufficient to complete the project in the fiscal year . The level of funding for the NTMP shall be determined annually by the City of Lake Oswego Budget Committee and City Council pursuant to the Local Budget Law (ORS 294 . 305 to 294 . 565) . 2 . Ranked projects that are not initiated in the year ranked because of funding shall be considered and re-ranked in the annual ranking of projects pursuant to LOC 32 . 14 . 054 (2 ) for three years . If, after three years, a project has not received a high enough Ordinance No. 2109 Page 9 of 13 180 priority to proceed, it shall be removed from the ranking list . The project applicant shall be notified when the three year limit expires . At that time a new request may be submitted by the applicant or the City Manager. 32.14 .038. Installation of Test Device. 1 . If the City Council Apr,_.::-:cc the Once an NTMP project is approved, funded through the budget process, and comes up for implementation pursuant to its rank order, the Public Work© DircctorCity Manager shall install a "temporary test device. " A "temporary test device" is a temporary installation of a traffic management device which simulates the effect of a permanent device. A "temporary test device" can be the same as a permanent traffic management device where a installation of a temporary device is impractical or would not result in cost savings over installation of a permanent device. The temporary test device shall be installed for a testing period determined by the blic :fork& DircctorCity Manager, but in no event shall the testing period be shorter than three months or longer than six months . 2 . The Public Work3 DircctorCity Manager shall post a notice adjacent to each temporary test device. The notice shall : a . Explain that the device is temporary; b. State the duration of the test ; c . State that the area will be polled at the end of the test to determine whether a permanent traffic management device should be installed and shall include the approximate date that ballots will be ;nailed; d . Contain the name and number of a staff person to contact for additional information. 3 . If the Public Work3 DircctorCity Manager finds that the temporary test device creates an unforeseen hazard, the DircctorCity Manager may revise or remove the device . In this case, the DircctorCity Manager shall notify the NTAB and the City Council . 32 . 14 .039 . Advice and Consent of Impact Area. 1 . At least 30 days prior to the completion of a test period, or within 30 days of final determination of the impact area where the final determination was deferred pursuant to LOC 38 . 14 .038 (4) (d) , the Public t:�r:.;, DircctorCity Manager shall mail a ballot by regular mail to each citizen who resides within the impact area and to each business operator holding a City business license whose business is located within the impact area . If a person is both a citizen and a business license holder, he or she shall only be entitled to one vote and shall be mailed only one ballot . The ballot shall : a. Present the question of whether the traffic management device should be permanently installed in the form of a "yes" or "no" question (if more than one traffic management device has been installed pursuant to the particular NTMP project, the Ordinance No . 2109 ., Page 10 of 13 Is ' ballot shall contain separate questions regarding each device) ; and b. Contain a statement that ballots must be mailed to the City by a date certain determined by the Public Work() Dircctoreity Manager. The deadline date shall be set no sooner than ten days nor later than 30 days after the date of mailing of the ballots . c . Set forth the number of eligible voters in the impact area and the vote necessary to implement the project pursuant to subsection 2 and 3 of this section . 2 . Ballots shall be counted no sooner than ten days after the deadline for submittal . Ballots postmarked after the deadline for mailing shall not be counted. Except as provided in subsection 3 of this section, the project shall be forwarded to the City Council for action if a majority of citizens voting in the impact area vote "yes" , if a project does not obtain more "yes" votes than "no" votes it shall be terminated and the temporary test device removed. 3 . If fewer than fifty percent (50%) of eligible voters return mail by the deadline in subsection 1 (b) of this section, sixty (60%) of those must vote "yes" in order to forward the project to City Council for action . If a project does not receive sixty (60%) or more "yes" votes in this circumstance, the project shall be terminated. 32.14 .041 . City Council Action. 1 . Upon receipt of a favorable vote, the -Public :dork3 DircctorCity Manager shall prepare a report and submit it the City Council . The City Council shall implement the approved project based upon available funding pursuant to this ordinance. ' ^ 2 . The City Council shall direct the ± Iic .Dircz:tc.a.City Manager to implement the design, engineering and installation of the traffic management device, which shall be based upon sound engineering practice and generally accepted standards . 32 .14.042. Emergency Corrective Action. Nothing in LOC 32 . 14 . 031 to 32 . 14 . 032 shall be deemed to limit or restrict the authority of the Public To:cr::c CircctorCity Manager to install or remove a traffic management or traffic control device when the DircctcrCity Manager determines that it is necessary or advisable to do so in the interests of public safety . The Public Wel Oirc;torCity Manager shall apprise the NTAB of all such installations or removals . Section 5 . Transition . A. Upon the effective date of this ordinance all new and pending NTMP applications shall be processed and judged pursuant to this ordinance, but the provisions of the new ordinance shall not be retrospectively applied to amend or set aside decisions made under the criteria in effect prior to the effective date of this ordinance. Ordinance No . 2109 Page 11 of 13 182 B. No current NTAB member shall be terminated or required to resign as a result of the reduction in the number of NTAB members from seven to nine pursuant to Section 1 of this Ordinance. Membership shall instead be reduced by attrition as current terms expire or members voluntarily resign . Until the membership is reduced to seven, a quorum shall consist of a majority of members duly appointed and continuing to serve . Section 6 . 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 . Section 7 . Sunset Clause. Ordinance No. 2105, Section 1 is hereby amended to extend the sunset date from January 31 , 1995 to September 30 , 1996 . Unless this Ordinance is reenacted prior to this date, it shall terminate and the provisions amended or repealed by Section 1 of Ordinance 2045 shall be reinstated. Read for the first time by title only at the regular meeting of the City Council of the City of Lake Oswego held on day of , 1994 . AYES : NOES: ABSTAIN: EXCUSED: 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: / / / / / / / / Ordinance No . 2109 Page 12 of 13 183 Alice L. Schlenker, Mayor Dated: ATTEST: Kristi Hitchcock, City Recorder APPROV515 AS ,TO FO Jeffrey G. Condit city Attorney [2109] I Ordinance No . 2109 Page 13 of 13 u