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HomeMy WebLinkAboutApproved Minutes - 1994-05-03 PMCITY OF LAKE OSWECO May3,1994 . CRY coulucIL IvmuuTEs Mayor Alice L. SchIenker called the regular City Council meeting of May 3,1994 to order at 7~00 pm. in the City Council Chambers. Councilors Chrisman, June, Klammer, Holstein, Puskas, Mayor SchIenker and Councilor Anderson were present. III. CONSENT AGENDA A. REPOR’IS 1. Acceptance of easements by the City Manager a. Waterline easements along Arrowhead Court Patton, T2x Gap 2iE 8DD, Tax Lot i I&j Dwyer, Tax Map 2lE SDD, Tax Lot 1030 CoghiIl, Tax Map 21 E SDD, Tax Lot 900 Linville & Norris, Tax Map 21E 8DD, Tax Lot 700 Francis, Tax Map 21E SDD, Tax Lot 1700 Bernert, Tax Map 21E SDD, Tax Lot 1800 Bemert, Tax Map 21E SDD, Tax Lot 800 b. Dedication of right of way for Mercantile Plaza Lindstrom, Tax Map 21E 8BC, Tax Lot 13OC c. Dedication and maintenance cement for STEP system - Ridgewood Tax Map 21E 9BC, Tax Lot 4900 Kelly, 1990 ACUON: Information only. 2 Award bid for multiple site maintenance con&act ACTION: Award bid to Seagraves Landscape Services for $60,214.@0 3. ORDINANCEs 1. 2093, a general ordinance of the City Council of the City of Lake Oswego amending LOC Chapter 20 (Licenses) regarding Special event Permit Applications. ACTION: Approve for first reading. City Council Minutes May 3,1994 Page 1 of 6 2. 2095, a general ordi.~-- a4A,be of the City Council of the City of ‘Lake Oswego amending LOC Chapter 39 (Systems Development Charges) to provide for City collection of charges imposed by other service providers within the City limits pursuant to agreement, and to incorporate amendments to St&e law. ACTION: Approve for first reading. C. APPROVAL OF MINUTES 1. April 5,1994, regular meeting ACTION: Approve as written. 2. April 18,1994, briefing ACTION: Approve as written. 3. April 25,1994, briefing ACTION: Approve as written. D. RESOLUTIONS 94-20, A resolution by the City Council of the City of Lake Oswego approving the Local .Agency Agreement - Enhancement Program Project with the Oregon Department of Transportation. ACTION: Adopt resolution. Mayor Schlenker moved the Consent Agenda. Councilor Chrisman seconded the motion. A roll call vote was taken and the motion passed with Councilors Chrisman, June, Klammer, Holsteti, Puskas, Mayor Schlenker and Councilor Anderson voting in favor. Mayor Schlenker read Ordinances 2093 and 2095 for First Reading by Title Only. She thanked Jerry Baker, Public Works Director, for his work in getting the ODOT grant for the city. END CONSENT AGENDA Iv. CITIZEN COMMENT 1. Bill A therton Mr. Atherton expressed his disappointment at the cancellation of the candidate r City Council Minutes May 3,1994 Page 2 of 6 debate, and asked for help in getting the Metro candidates together for the neighborhood association presidents to interview. Mayor Schlenker dirsted .him to the high school forum being held tomorrow night; she understood that the Metro candidates would be at that event. V. ITEMS REMOVED FROM THE CONSENT AGENDA VI. BUSINESS FROM THE COUNCIL A. Intergove-rnmentaal activities report a. I-5/217 interchange improvements Mayor Schlenker announced a meeting on Ma;/ 12 at 3 p.m. 2. Update on Metro 2040 Plan 3. Clackamas County Regional Arts Council 4. Metropolitan Area Cable Commission Councilor Klammer reported that MACC would start its budget process on May 4th, and that he would provide an update at the June televised meeting. Mayor Schlenker asked Councilor Holstein to give an update on Bonneville Power Administration at the May televised meeting. B. Appointment to Historic Review Board Mayor Schlenker moved for the appointment of Van Watson to the Historic Review Board for a two year term. Councilor Holstein seconded the motion. Mayar Schlenker explained that the Council denied the request that Mr. Papers be a stand-in for Mr. Watson, though he was welcome to attend the meetings (as was any citizen). A roll call vote was taken and the motion passed with Councilors Chrisman, June, Klammer, Holstein, Puskas, Mayor Schlenker and Councilor Anderson voting in favor. C. Glenmorrie Water District Co-op Jeff Con&t, Citv Attomev, reported on the request of the Glenmorrie Water District Co-op for a waiver of the planning review fee: . This was the fifth phase of a multi-phase project (done at the request of the City) to upgrade their water lines and install fire hydrants; City Council Minutes May 3,1994 Page 3 of 6 l Glenmntie Board members remembered ‘that, during the original contract negotiations, the City had assured them that the plan review fee would be waived; , . They stated that they had not paid the fee for the ear&r phases; l Staff could find no evidence either to substantiate or disprove the claim; . The Board has stated in a letter that they did not intend to set a precedent, and understocd that they would have to pay the fee for any future projects; 0 Staff recommended including that express understanding, should the Council decide to waive the fee. Councilor Chrisman moved to waive the plan review fee for the Glenmonie Water Co-op based upon the unique circxxmstances, and that the Co-op be required to pay all city fees in future projects. Councilor Klammer seconded the motion. A roll call vote was taken and the motion passed with Counciiors Chrisman, June, KIammer, Holstein, Puskas, Mayor Schlenker and Councilor Anderson voting in favor. D. Councilor Holstein . Councilor Holstein explained that he thought it was time to study the State Street bypass because there has been a lot of talk about it recently, City Council has the KOLTT study now (which looks at potential land impacts>; and there are other :and use options available. Councilor Holstein moved that Council hold a study session on t!he State Street Bypass. Mayor Schlenker seconded the motion. A roll call vote was taken and the motion passed with Councilors Chrisman, June, Klammer, Holstein, Puskas, Mayor Schlenker and Councilor Anderson voting in favor. Counciior Holstein requested a written update on the status of the Boones Ferry GAP project. E. Councilor Anderson Councilor Anderson requested investigation of the white silhouettes on Stafford Road (such as the police depa,rtment used after a fatality). F. Councilor June Councilor June announced his resignation from the Council (effective May 31) to pursue employment opportunities in Michigan, following his graduation from law school. He expressed his regret at having to leave, but said he had not been able to find a position in the local area. Councilcr Holstein moved to accept Councilor June’s resignation with regret, City Council Minutes May 3,1994 Page 4 of 6 ’ effective May 31, ES& Counci!!oi Piiskas seconded the motion. The Council expressed their regret at Councilor June’s resignation, thanking him for his contributions to the Council, his knowledge of the issues, and his hard vtork as an appointee filling out a term. A roll call vote was taken and the motion pawed with Councilors Chrisman, June, Klammer, Holstein, Puskas, Mayor ScbLenker and Councilor Anderson v&ng in favor. Mr. Condit reviewed the options available to Council in dealing with Council resignations. He noted that Councilor June had been appointed lo fill Ed Marcotte’s term, which will come up for election t:his year. En the past, Council has used both an advertisement/interview and direct appointment processes to MI1 vacancies. One option would be to wait for the voters to fill the position in the November election. However, waiting until January, when the new Councilors took office, posed a risk of deadlocked decisions, because there would be an even number of councilors !6). He said that in the past, the interview process had taken approximately two months. VII. REPORTS OF CI3-Y OFFICERS Doug Schmitz, Citv Manager, reported that the contract for landscaFe maintenance services approved on the consent agenda had been $23,000 last year. He explained that the increase to $60,000 was due to robing into the base contract the services for which the City had paid extra Iast year (i.e., mulching, extra mowing), and the addition of 26 new sites. He commented that going out to bid for landscape maintenance cost the City less than in-house maintenance, because the City did not have to pay for the benefits, equipment or supervision costs. Mr. Schmitz noted that Tables 10 and 11 in the community survey had been distributed to the Council. Mr. Schrnitz reminded the Council that flower basket hanging day was this Saturday. The Council concurred that Mr. Schmitz would represent the City at the event. ’ VIII. EXECUITVE SESSION Mayor Schlenker recessed the meeting to Executive Session at 7~44 p.m. pursuant to ORS 192660(1)(e), Real Property Transactions and ORS 792660(1Xh~, Potential Litigation. Following executive session, the meeting was reconvened in regular session. Councilor Holstein moved to initiate a letter of condemnation against the Fan property for b.35 acres contingent upon agreement; and, to authorize the City Manager to settle the potential condemnation in an amount up to $520,000 plus closing costs, also with the following conditions: the City applies for the lot line adjustment to add the neighboring City Council Minutes Page5of6 May 3, I?94 property to the Luscher Farm property. If the City increases the urban growth boundary to take in the Luscher Farm property, the City will include the remainder of the Fan property in the request for annexation in the u&an growth boundary. If that happens: -----.- - - ,.. - x-.- and if the sewer and water is extended to then serve the park on Luscher Farm property, WC would make that available to the remainder of the Fzrr prcperty, at their cost. The City will also agree to give them a temporary easement to allow their grain field to remain on the property they are selling to us, until such time as they get sewer and water or we decide to move it onto their property in order to develop, or it fails and we move it onto their property at our cost. The City agrees to pay any assessment for back taxes that are assessed for loss of farm deferral on the remainder of the Fan property; and, to authorize the City Manager to sign all the escrow documents in the agreement. The motion was seconded. In response to Council questions, Mr. Condit explained the following: 0 The contract recognized that the issue of relocating the urban growth boundary was not within the City’s jurisdiction -- it was Metro’s; 0 The phrase”at their cost” meant that th,- City would make the ability to have sewer stubs (off the line they brought in to bring sewer and water to a Luscher Farm park) available to the Farr property, but that Farr would have to pay the hook-up and extension costs; . These conditions have been negotiated, but none of them were yet in a written document approve by Mr. Farr; 0 Staff needed Council’s authorization to agree to these conditions. The vote was taken and the motion passed with Chrisman, June, Klammer, Holstein, Puskas, Mayor Schlenker and Anderson voting in favor. Ix ADJCWRXMENT . Mayor Schlenker adjourned the meeting at 8~45 p-m. Respectfully Submitted, . . APPROVED BY COUNCIL: Alice L. Schlenker, Mayor City Council Minutes May 3, I994 Page 6 of 6