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HomeMy WebLinkAboutApproved Minutes - 2017-04-04 (11,0\0°)". 9� CITY COUNCIL REGULAR MEETING MINUTES � O April 4, 2017 EGON 1. CALL TO ORDER Mayor Studebaker called the regular City Council meeting to order at 6:33 p.m. on April 4, 2017, in the City Council Chambers, 380 A Avenue. 2. ROLL CALL Present: Mayor Studebaker and Councilors Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill Staff Present: Scott Lazenby, City Manager; David Powell, City Attorney; Anne-Marie Simpson,City Recorder; Sarah Selden, Senior Planner; Paul Espe,Associate Planner; Erica Rooney, City Engineer 3. PLEDGE OF ALLEGIANCE Mayor Studebaker led the Council in the Pledge of Allegiance. He welcomed members of Lake Oswego's Cub Scout Pack 413 who were observing the meeting. He described his experience at the high school robotics tournament held the past weekend at Lake Oswego High School, commending all of the competitors and volunteers. 4. CONSENT AGENDA— For Full Council Approval Motion: Move to adopt the Consent Agenda. 4.1 Approval of Meeting Minutes 4.1.1 February 21, 2017, Regular Meeting Minutes 4.1.2 March 7, 2017, Regular Meeting Minutes Report and Attachments 4.2 Arbor Week Proclamation City Council Regular Meeting Minutes Page 1 of 8 April 4, 2017 Proclamation END CONSENT AGENDA Councilor Gudman moved the adoption of the Consent Agenda. Councilor LaMotte seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting 'aye'. (7-0) 5. CONSENT AGENDA— For City Councilors' Approval 5.1 Resolution 17-11, A Resolution of the City Councilors of the City of Lake Oswego Approving Appointments to the Transportation Advisory Board Motion: Adopt Resolution 17-11. Report and Attachment END CONSENT AGENDA Councilor LaMotte moved to adopt the Consent Agenda. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Councilors Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting 'aye'. (6-0) 6. CITIZEN COMMENT • Marlin DeHaas, 1425 Cherry Crest Drive Mr. DeHaas described his background and support of the petition for a local improvement district (LID) to be addressed later in the meeting (Agenda Item 8.1). He discussed concerns regarding the current three-party private sewer system and solutions offered through the proposed LID, which would provide a conforming system with an individual connection to the public sewer for each of the three properties. He suggested several modifications to the related Resolution 17-12 and indicated that Council had received a letter from him. He advocated moving forward with the project as quickly as possible. • Steve Mawdsley, 1507 Cedar Street Mr. Mawdsley stated that he was representing his sister, the property owner of 1507 Cedar Street, formerly owned by their late father. It is one of the three properties affected by the proposed LID to be addressed under Agenda Item 8.1. He discussed the family's experience since the City had identified the lateral sewer line and connecting party-line configuration in 2006. Having exhausted all efforts available to them as private citizens, they called on Council to support the LID proposal. City Council Regular Meeting Minutes Page 2 of 8 April 4, 2017 • Donald Mattersdorff, 930 Bullock Street Mr. Mattersdorff stated that the neighbors had prepared the LID petition to be considered under Agenda Item 8.1. It included his property, he noted, although it had not been discussed with him. He stated that there was no need for new sewer service to his property; the LID would not benefit him, and therefore his request to Council was that his property be excluded from the LID, if approved. After refuting comments of Mr. DeHaas and Mr. Mawdsley, he reviewed his own efforts to solve the problem through reconnection of the sewer lines as they had been configured prior to the service disruption. He wanted Council to be aware that the problem was not of his making and that he had negotiated in good faith with the other property owners. • Debbie Harris, 1523 Cedar Street Ms. Harris, owner of one of the properties involved in the LID petition, described objections to the series of proposals put forward by Mr. Mattersdorff. These included legal, engineering, and cost considerations related to the proposed reconnection, as well as concern that this solution would preclude a future sale of her house. • Susan Patricia Mawdsley Haines, 1507 Cedar Street Ms. Haines discussed property owners' opposition to reconnection in series as proposed by Mr. Mattersdorff. Their primary concern would be the City's requirement to upgrade from the community sewer line to separate extensions in the event of significant remodeling or sale of the property. She cited provisions of Mr. Matterdorff's proposal that were unsatisfactory to the other owners, who regarded it as a temporary fix. They had dealt with the disruption for over two and a half years, and it was time for a final resolution, she concluded. Council members posed questions to Ms. Haines about the property owners' understanding of City requirements, and a brief exchange followed. 6.1 Prior Citizen Comment Follow-Up No follow-up on prior Citizen Comment was presented. 7. PUBLIC HEARINGS 7.1 Ordinance 2734, An Ordinance of the City of Lake Oswego Adopting the Uplands Neighborhood Plan Into the Neighborhood and Special District Plans Volume of the Comprehensive Plan; Amending the Transportation System Plan to Expand a Pathway Project; Amending the Community Development Code to Add the Uplands R-10 Overlay District(LOC 50.05.012); and Adopting Findings (LU 17-0001). Report and Attachments Ms. Selden conveyed a request from the Uplands Neighborhood Association to continue this public hearing to May 2. The reason for the request was to provide the Association time to City Council Regular Meeting Minutes Page 3 of 8 April 4, 2017 address concerns that were raised in public testimony by an Uplands Neighborhood resident in relation to a provision of the Overlay code. The Association would endeavor to explore the concerns and develop a satisfactory code revision to achieve the greatest possible neighborhood consensus. Mayor Studebaker asked about intended efforts to assure Council that most of the neighborhood residents were in support of the Plan. Ms. Selden indicated that there would be additional outreach to the neighborhood about the public hearing on May 2 and particularly about the standard in question, relating to front setbacks. Responding to Councilor Kohlhoff's inquiry, she confirmed that this would provide sufficient time to develop any revisions and communicate with the neighborhood. Mayor Studebaker moved to continue the public hearing to the May 2, 2017, City Council meeting. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Manz, Gudman, LaMotte, Kohihoff, Buck, and O'Neill voting 'aye'. (7-0) 7.2 Ordinance 2737, An Ordinance Annexing to the City of Lake Oswego Two Parcels Consisting of 1.06 Acres Located at 16287 and 16425 Bonaire Avenue, Together With the Adjacent Public Right of Way; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from Certain Districts (AN 17-0001 and AN 17-0002). Report and Attachments 7.3 Ordinance 2739, An Ordinance Annexing to the City of Lake Oswego One Parcel Consisting of 0.59 Acres at 13730 Cameo Court; Declaring City Of Lake Oswego Zoning Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory From Certain Districts (AN 17-0003). Report and Attachments Mr. Powell read the titles of the two ordinances presented for Council consideration, which had been combined for purposes of public hearing. He noted that these were land use requests, which involve the application of the criteria and standards listed in the Staff report related to each item (Council Report and Attachments for Ordinance 2737 and Ordinance 2739). He outlined the parameters and process for the hearing, including time limits for testimony as shown in the agenda. He asked if any member of the Council wished to make any declarations with relation to ex parte contacts, bias or conflicts of interest. Hearing none, he asked if any member of the audience wished to challenge any City Council member's right to consider the application; no challenges were heard. Mr. Espe explained that three annexations were proposed. The first two annexations were for the Bonaire Avenue properties and the third was for the property on Cameo Court. With accompanying PowerPoint slides, he discussed the current Clackamas County zoning pertaining to the properties, all of which would be designated R-7.5 upon annexation, and actions upon City Council Regular Meeting Minutes Page 4 of 8 April 4, 2017 annexation, as outlined in the respective reports. He indicated that all of the annexations were requested because of failing septic systems; owners of the Bonaire properties intended to divide the parcels, as well. All owners and applicants had consented to the annexations as proposed, and all three were in compliance with applicable Metro code and State statutes. He reviewed a table that showed assessed value and tax revenue related to the three properties; this indicated that the City would receive approximately $2,306 in total tax revenue from the three properties. Staff had found that the properties under consideration are within the Urban Services Boundary and that annexation is timely with regard to availability of public services. Staff recommended approval, he concluded. Questions of Staff Councilor Buck asked about the reason that one property that had a lower assessed value could have higher tax revenue. Mr. Espe explained that this was likely because a different taxing district would apply, based on the property's location. Testimony Mayor Studebaker indicated that testimony regarding Ordinance 2737 and Ordinance 2739 would be requested at the same time. He asked if anyone present wished to present testimony in favor or in opposition or if anyone wished to present neutral testimony. No requests being heard, he closed the hearing. Councilor Gudman moved to enact Ordinance 2737. Councilor LaMotte seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting 'aye'. (7-0) Councilor Gudman moved to enact Ordinance 2739. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting 'aye'. (7-0) 8. COUNCIL BUSINESS 8.1 Resolution 17-12, A Resolution of the City Council of the City of Lake Oswego Declaring the Intent to Form a Local Improvement District (LID) for Public Sewer Improvements Affecting 1507, 1523, and 1531 Cedar Street (Tax Lots 21E10CD02000, 1900, & 1800) and Directing Preparation of an Engineering Study Report and Attachments Mr. Powell explained that this item was the initial hearing to determine whether or not Council wished to direct Staff to proceed with the LID formation process. It is not a public hearing. It is a matter of Council first determining if formation of the LID is in the public interest. He described City code provisions that would pertain to any motion to determine that it was not in the public City Council Regular Meeting Minutes Page 5 of 8 April 4, 2017 interest; this included the requirement that a minimum of four of the six City Councilors present must vote in favor for such a motion to pass. However, if Council decided to proceed with the formation process, a sample resolution and other options were available, as discussed in the City Engineer's report (Council Report, p 4-5). Ms. Rooney highlighted key issues discussed in the Council Report and clarified additional points that had been raised in Citizen Comment. She emphasized that, from the outset over two years earlier, the Engineering Department has regarded the sewer party-line-issues of the three Cedar Street properties to be a private matter. She detailed background of the party-line breakage that had triggered disruption of service to two of the properties. Noting that the City had conveyed clearly to the owners that party lines were non-conforming, she reviewed the problems presented by such systems. However, she noted, the City does not interfere with existing party lines, which are found in many parts of the city. She explained that they are not allowed in new development and discussed the distinction between new development and remodels in terms of policy. The petition proposes to place a public sewer line at the rear of the Cedar Street properties, which poses access problems for future City maintenance and replacement. The proposed approach is not the City's recommendation, she emphasized. In this particular case, other viable options are available, which she discussed (Council Report, p 2, table). In responding to various questions from Councilors, Ms. Rooney clarified that any associated costs for easement acquisition, engineering, design, and administrative work would be assessed to the properties in the LID. Councilor Kohlhoff posed specific questions about the option that would entail connecting the two Cedar Street properties (at 1523 and 1507)to a new public sewer line in Parrish and Cedar Streets; this was the option preferred by the Engineering Department, if in fact a public sewer had to be provided, Ms. Rooney indicated. She responded to questions about taking of property for easements through eminent domain, and also confirmed that wastewater grinder pumps serving the two properties individually would be an effective option that would satisfy City code requirements. Councilor Kohlhoff explored legal considerations related to the absence of recorded easements in many party-line situations, with Ms. Rooney and Mr. Powell providing background. In continuing discussion, Ms. Rooney addressed questions from Councilor Buck about the City's requirements in a redevelopment scenario. She reiterated that the City does not work proactively to identify existing party-line systems that are functioning effectively; these come to the City's attention when there is a breakage or when redevelopment occurs. Councilor Gudman inquired about the City's ability to initiate a two-property LID specifying the more expensive public sewer option, i.e., in Parrish and Cedar Streets. Mr. Powell indicated that the City could initiate such a LID, but that some challenges might be expected. Ms. Rooney responded to additional questions, including a request from Councilor O'Neill to confirm that the petition seeks a public sewer as opposed to the private laterals now in place. He noted that it was very important for Council to understand this distinction. Mr. Powell provided additional information related to the possibility of a City-initiated LID. This pertained to the opportunity for filing of a remonstrance by properties opposing the LID. Following Mr. Powell's brief review of the Council's options and potential processes going forward, Mayor Studebaker called for a motion. Councilor Buck moved that the City not City Council Regular Meeting Minutes Page 6 of 8 April 4, 2017 comply with the petition because it is not in the public interest to do so. Councilor LaMotte seconded the motion. Councilor Kohlhoff expressed her belief that all of the parties in the matter are innocent and no one is to blame for the situation. Indicating that she questions the legality of rights claimed by the property owners at 1507 and 1523 Cedar Street, this fundamentally is a matter of private law that does not involve the City. The plausibility of making an eminent domain claim against the owner at 1531 Cedar Street is also questionable. She regards the hook-up options available to the two disconnected properties as perfectly suitable and does not believe the City Engineer should spend additional time on it. Councilor LaMotte concurred. He expressed concern about setting a bad precedent with a two- or three-property LID as he believes this is a useful tool only when on an economical scale. He supports the Engineering Department recommendation against public sewers on private property and regards a new public line in Cedar Street as redundant, particularly with the grinder system available as a viable option. Therefore, he would not be supporting a public LID. A roll call vote was held, and the motion passed,with Councilors Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting `aye'. (6-0) 8.2 Release of Roadway and Utility Easements Over 13211 Knaus Road and 13209 Amber Place Report and Attachment Mr. Powell described the location and background of the easements in the area of Knaus Road and Country Commons, as related in the Council Report. In the course of recent planning for development of the Mission Homes NW, LLC and Buck properties shown on Exhibit B to the Report, the City was asked to release the roadway and utility easements along the northern portion of these properties. (Note: Mr. Powell stated that the latter property owner was not related to Councilor Buck.). After ensuring that the City had no need for the easements, the City agreed to the release, but asked that, in exchange, the two properties release the easement rights they held across the City-owned portion. He discussed additional detail related to the adjacent Dogra property. After touching on points of interest in this area in earlier years, he highlighted the reduced encumbrance on the City property that would result from the release of easements and the reasons for the specific wording for the recommended motion. In response to questions from Councilor Manz, Mr. Powell indicated that all of the properties, including those to be divided, had satisfactory access and there was no need for the unused roadway and utility easements for access purposes. Councilor Gudman asked if the release of easements was likely the precursor to annexation requests from the two property owners. Mr. Powell clarified that nearly all of the properties had already been annexed, as shown on Page 1 of the Council Report. Mayor Studebaker moved to authorize the City Manager to release the City's interest in roadway and utility easements over properties at 13211 Knaus Road and 13209 Amber City Council Regular Meeting Minutes Page 7 of 8 April 4, 2017 Place, in exchange for reciprocal releases of easement rights by the owners of those properties. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting `aye'. (7-0) 9. INFORMATION FROM COUNCIL Councilor Gudman reported on a recent visit to the Lake Oswego Adult Community Center by the national accrediting agency for adult community centers. He had learned that of the 12,000 such centers in the country, only 260 are nationally accredited; Lake Oswego's center is one of only three in Oregon with the accreditation and is expected to receive the accreditation once again. This is a positive reflection on the City, he noted. 10. REPORTS OF OFFICERS No reports were made. 11. ADJOURNMENT Mayor Studebaker adjourned the meeting at 7:52 p.m. Respectfully submitted, AAAA ~Yti'LR . Anne-Marie Simpson, City Recorder APPROVED BY THE CITY COUNCIL: ON MAA4 Z- , 02017 Kent Studebaker, Mayor City Council Regular Meeting Minutes Page 8 of 8 April 4, 2017