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Agenda Packet - 2007-10-02 PM
City Council Judie Hammerstad, Mayor Ellie MCPeak, Council President John Turchi Frank Groznik Roger Hennagin Donna Jordan Kristin Johnson CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 2, 2007 6:00 P.M. Council Chambers City Hall 380 A Avenue Also published on the internet at: ci.oswego.or.us Contact: Robyn Christie, City Recorder E -Mail: public_affairs@ci.oswego.or.us Phone: (503) 675-3984 This meeting is in a handicapped accessible location. For any special accommodations, please contact Public Affairs, (503) 635-0236, 48 hours before the meeting. Estimated Start Time Page # 6:00 1. CALL TO ORDER 2. ROLL CALL 3. PRESENTATIONS 3.1 Community Planning Month Proclamation 1 3.2 Recognition by the of the First Addition Neighborhood as an 5 American Planning Association Great Neighborhood 3.3 Debt, Taxes, Utility Bills, and Estimated Costs of 11 Upcoming Projects 4. CONSENT AGENDA ♦ The consent agenda allows the City Council to consider items that require no discussion. ♦ An item may only be discussed if it is pulled from the consent agenda. ♦ The City Council makes one motion covering all items included in the consent agenda. 4.1 REPORTS 4.1.1 Request to hire employees 19 Action: Authorize hiring employees as recommended: Cydney Winslow, Parks and Recreation, temporary part time Leslie Roth, Parks and Recreation, temporary on call part time Jodi Ridley, Police, October 9-26 temporary part time Steve Rauch, on-call reference librarian City Council Regular Agenda Page 1 of 4 October 2, 2007 4.2 APPROVAL OF MINUTES 4.2.1 September 4, 2007, morning meeting 23 4.2.2 September 10, 2007, special meeting 29 4.2.3 September 18, 2007, morning meeting 35 Action: Approve minutes as written MOTION TO APPROVE THE CONSENT AGENDA - VOICE VOTE END CONSENT AGENDA 5. ITEMS REMOVED FROM THE CONSENT AGENDA 6. CITIZEN COMMENT The purpose of citizen comment is to allow citizens to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing. A time lima of three minutes per citizen shall apply. 7. PUBLIC HEARINGS 7.1 Resolution 07-80, adopting standards, criteria and policy directives to be used in 39 hiring a City Manager Public Hearing Process: Review of hearing procedure by David Powell, City Attorney • 5 minutes for individuals • 10 minutes for representatives of a recognized neighborhood association, government or government agency, or other incorporated public interest organization Questions of Staff Discussion Motion: Adopt Resolution 07-80 7.2 Ordinance 2497, an ordinance annexing to the City of Lake Oswego six parcels 47 comprising approximately 3.88 acres at 4790, 4725, 4855, 4813 and 4700 Upper Drive and the adjacent road right of way; declaring City of Lake Oswego Zoning pursuant to LOC 50.05.025; and removing the parcels from certain districts (AN 07-0002) Public Hearing Process: Review of hearing procedure by David Powell, City Attorney City Council Regular Agenda Page 2 of 4 October 2, 2007 Staff report presented by Sidaro Sin, Senior Planner Public Testimony will be taken in the following order: in support of the ordinance, in opposition to the ordinance, neutral. The time limits are: • 5 minutes for individuals • 10 minutes for representatives of a recognized neighborhood association, government or government agency, or other incorporated public interest organization Questions of Staff Discussion Motion: Move to enact Ordinance 2497 7.3 Resolution 07-58, authorizing a contract amendment with Brown & Caldwell 95 regarding replacement of the Oswego Lake Interceptor Sewer Public Hearing Process: Review of hearing procedure by David Powell, City Attorney Staff report presented by Joel Komarek, City Engineer Public Testimony will be taken in the following order: in support of the resolution, in opposition to the resolution, neutral. The 'lime limits are: • 5 minutes for individuals 10 minutes for representatives of a recognized neighborhood association, government or government agency, or other incorporated public interest organization Questions of Staff Discussion Motion: Move to adopt Resolution 07-58 7.4 Ordinance 2495, a special ordinance of the City Council of the City of Lake Oswego vacating Pearcy Street between Oak Street and Laurel Street Motion: Move to continue the public hearing to November 20, 2007. 8. REPORTS 8.1 Request the City Council authorize the Parks and Recreation Director to enter 111 into a contractual agreement with the 47`" Avenue Farm to operate a Community Supported Agricultural farm at Luscher Farm 8.2 Resolution 07-57, Supporting the Lake Oswego to Portland Transit and Trail 119 Alternatives Analysis Steering Committee Recommendations for the Draft Environmental Impact Statement Study for the Highway 43 Corridor City Council Regular Agenda Page 3 of 4 October 2, 2007 9. INFORMATION FROM COUNCIL This agenda item provides an opportunity for individual Councilors to provide information to the Council on matters not otherwise on the agenda. Each Councilor will be given five minutes. 9.1 Councilor Information 9.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees 10. REPORTS OF OFFICERS 10.1 City Manager 10.2 City Attorney 11. ADJOURNMENT CABLE VIEWERS: The Regular City Council meeting is shown live on Channel 28, at 6:00 p.m. The meeting will be rebroadcast at the following times on Channel 28: Wednesday 7:30 p.m. Thursday 7:00 a.m. Friday 2:30 a.m. City Council Regular Agenda October 2, 2007 Saturday 12:00 p.m. Sunday 4:00 p.m. Monday 11:00 P.M. Page 4 of 4 3.1 CITY OF LAKE OSWEGO 10/02/07 AGENDA REPORT SUMMARY MEETING DATE: October 2, 2007 SUBJECT: Community Planning Month Proclamation Motion: Proclamation by the Mayor - no Council action requested. ESTIMATED FISCAL IMPACT: N/A STAFF COST: BUDGETED: Y N NA X FUNDING SOURCE: Finance Director approval required for items with a fiscal impact: DIVISION MANAGER •2� O signoff/dat ATTACHMENTS: Community Planning Month Proclamation DEPARTMENT DIRECTOR signoff/date NOTICED (Dates): Ordinance no.: N/A Resolution no.: N/A Previous Council consideration: CITY MA AGER '? (C> 7 signoff/ ate CITY OF LAKE OSWEGO PROCLAMATION Whereas, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas and other places; and Whereas, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and Whereas, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and Whereas, the full benefits of planning require public officials and citizens who understand, support and demand excellence in planning and plan implementation; and Whereas, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and Whereas, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of the Planning Commission, Development Review Commission, City advisory committees, neighborhood associations and other citizens who have contributed their time and expertise to the improvement of Lake Oswego; and Whereas, we recognize the many valuable contributions made by the professional and citizen planners of the City of Lake Oswego and extend our heartfelt thanks to them for the continued commitment to public service by these professionals; NOW, THEREFORE, I, Judie Hammerstad, Mayor of the City of Lake Oswego do hereby proclaim the month of October 2007 as COMMUNITY PLANNING MONTH And call upon the people of the City of Lake Oswego to join their fellow citizens in the United States in recognizing and participating in this special observance. Dated this 2nd day of October 2007. Judie Hammerstad, Mayor 3.2 CITY OF LAKE OSWEGO 10/02/07 AGENDA REPORT SUMMARY MEETING DATE: October 2, 2007 SUBJECT: Recognition of the First Addition Neighborhood as an APA Great Neighborhood Motion: No Council action requested. ESTIMATED FISCAL IMPACT: NOP—11 COST: BUDGETED: Y N NA X FUNDING SOURCE: Finance Director approval required for items with a fiscal impact: ATTACHMENTS: ■ Council Report dated September 26, 2007 ■ News release NOTICED (Dates): Ordinance no.: N/A Resolution no.: N/A Previous Council consideration: DIVISION MANAGER DEPARTMENT DIRECTOR CITY MANAGER 'ILU, o -T signoffldate signoffldate 91-07 signoff/date ORE0014 Community Development Planning Division Memorandum TO: Mayor Judie Hammerstad and the Lake Oswego City Council Stephan Lashbrook, City Manager Pro Tem FROM: Dennis Egner, AICP, Assistant Planning Director — Long Range DATE: September 26, 2007 SUBJECT: Recognition of the First Addition Neighborhood as an APA Great Neighborhood On October 2, 2007, the American Planning Association (APA) will announce that the First Addition Neighborhood in Lake Oswego is being recognized as one of ten great neighborhoods in America. Initiated earlier this year, the APA Great Places in America program is recognizing 10 neighborhoods and 10 streets as great places in conjunction with APA's Community Planning Month celebration. The City of Lake Oswego planning staff nominated the First Addition Neighborhood for the program and we received official notice that the First Addition was selected on September 24, 2007. The First Addition Neighborhood was recognized for its high level of citizen involvement, quality of life, housing variety, small-town atmosphere, walkability, access to transit and commercial areas, and its neighborhood plan. The nine other APA Great Neighborhoods for 2007 are: Chatham Village Neighborhood, Pittsburgh, PA, Eastern Market Neighborhood, Washington, D.C.; Elmwood Village, Buffalo, NY; Hillcrest, San Diego, CA; North Beach, San Francisco, CA; Old West Austin, Austin, TX; Park Slope, Brooklyn, NY; Pike Place Market Neighborhood, Seattle, WA; and West Urbana, Urbana, IL. For more information about these neighborhoods and the list of APA's 10 Great Streets for 2007, visit www.planning.org/greatplaces. APA is providing the City with an "e -plaque" to be displayed on our website. Lakeof Oswego ORE GO N NEWS RELEASE Jane Heisler, Director of Public Affairs: 503-697-6573 For Immediate Release: Contact: Denny Egner, Long Range Planning Manager September 27, 2007 503-697-6576 FIRST ADDITION NEIGHBORHOOD NAMED ONE OF 10 GREAT NEIGHBORHOODS IN AMERICA LAKE OSWEGO – The American Planning Association (APA) announced today that the First Addition Neighborhood (FAN) has been designated as one of 10 top neighborhoods for 2007 through APA's Great Places in America program. APA's Great Places exemplify exceptional character and highlight the role planners and planning play in creating communities of lasting value. "We are delighted to have the First Addition Neighborhood selected for this national honor," said Mayor Judie Hammerstad. "FAN is a special place for many reasons. Most important are the residents who are involved and who take the time to help make this a great place to live, work and play. They have created a quality neighborhood for residents today and are creating a legacy for those to come in the future." APA selected First Addition Neighborhood as one of 10 Great Neighborhoods in America for its dedication to community values and priorities; recognition of the neighborhood's past and a commitment to plan and create a high quality of life in the future. One of the City's oldest neighborhoods, FAN offers the best of what many communities seek—a small town atmosphere, services and shopping within walking distance, and a commitment to community held values. "We're pleased to select FAN and recognize the residents' and area leaders' dedication to community priorities," said APA Executive Director Paul Farmer, FAICP. "By calling attention to the quality of life here: the walkability, mixed use, housing variety, access to transit, and all of the building blocks that that make FAN a functional and desirable place, we hope other neighborhoods from across the country will follow their example." Home to a collection of eclectic homes, the First Addition Neighborhood was originally platted in 1888 to house workers of the Oregon Iron and Steel Company. Compact enough that everything is within easy walking distance, FAN has a grocery store, adult community center, elementary school, library and park, multiple and single family dwellings, a fire station, post office, mixed use retail and three churches. CITY OF LAKE OSWEGO • PO Box 369 • LAKE OSWEGO, OR 97034 • 503-635-0257 PAGE I To ensure its worth and charm continue into the future, residents developed and the City enacted a neighborhood plan in 1996, that provides customized guidance on land use, building site design and capital improvements. Lisa Shaw Ryan, neighborhood chair, resident, and along with her husband, owner of a coffee shop in the neighborhood, said "This is exactly why my family fell in love with this place, why we live and work here and want to stay in this neighborhood. It has good bones, but the people who live and work here are what make it special." The nine other APA Great Neighborhoods for 2007 are: Catham Village Neighborhood, Pittsburgh, PA; Eastern Market Neighborhood, Washington, D.C.; Elmwood Village, Buffalo, NY; Hillcrest, San Diego, CA; North Beach, San Francisco, CA; Old West Austin, Austin, TX; Park Slope, Brooklyn, NY; Pike Place Market Neighborhood, Seattle, WA; and West Urbana, Urbana, IL. For more information, contact Denny Egner, Long Range Planning Manager, at 503-697-6576. Feec�c3 CITY of LAKE OSWEGO • PO Box 369 • LAKE OSWEGO, OR 97034 • 503-635-0257 PAGE 2 CITY OF LAKE OSWEGO 3.3 AGENDA REPORT SUMMARY 10/02/07 MEETING DATE: October 2, 2007 SUBJECT: Finance Update RECOMMENDED MOTION: Information Purposes Only DEPT. DIRECTOR Date ASST. CITY MANAGER Date CITY MA AGER 2)Z41 07 Date EST. FISCAL IMPACT: ATTACHMENTS: NOTICED (Date): • PowerPoint Slides n/a $0 STAFF COST: $0 Ordinance No.: BUDGETED: Resolution No.: Y N Previous Council FUNDING SOURCE: Consideration: Finance Director approval required for items with a fiscal impact: DEPT. DIRECTOR Date ASST. CITY MANAGER Date CITY MA AGER 2)Z41 07 Date finance update Debt, Taxes, Utility Bills, and Estimated Costs of Upcoming Projects Pmpamd Octobcr 2007 Finance Department City of Lake Oxwego debt PART I Healthy balance sheets include a well proportioned ratio of debt to total assets (approximate 25% to 30%) City's existing long-term debt: ➢General obligation bonds $28 million ➢Revenue bonds $ 8 million ➢Urban renewal bonds $17 million ➢Line of Credit $20 million I ',rt�Ln,��N/I 40obt Interest Year Dcbt Annual Years to Outstanding Y(IJY"J VV�1�^1_� rules issued balance debt service maturity 77 GENERAL OBLIGATION BONDS ?? $ 1 billion 100% Series 1997 Street Improvement 4.30 - 5.00 1997 S 160,000 S 163,000 1 Serie 1999 Open Space & Fields 4.63 - 5.00 1999 640,000 345,000 Serie 2001 Open Space & Fields 4.30 - 5.10 2001 4,695,000 493,000 13 Serie 2003 Parks/Refunding 2.00-5.25 2003 12,270,000 1,371,000 15 Series 2003-A Refunding 2.00-3.80 2003 3,570,000 670,000 6 Serie 2006 Refunding 4.00 2006 6,540,000 312,000 12 27 875000 Total general obligation bonds 3,354,000 REVENUE BONDS Scne 1999 W amr 4.50 - 5.15 1999 5,450,000 565,000 13 Serie 2005 Surface Water 3,00-4.35 2005 2,7909000 237,000 18 89240,000 Total revemse binds 802,000 URBAN RENEWAL AGENCY BONDS Senes 2005-A tax-exempt bonds 3.80 2005 9,665,000 426,000 18 Series 2005-B taxable bonds 2.80 2005 7,295000 1,119000 13 16,960,000 Total urban renewal agency bonds 1.545,000 LINE OF CREDIT $25 Million Line of Credit 4,94 2006 20156,912 1,000,000 2 $ 73,231,912 Total Debt S 6,701,000 3 City of Lake Oswego Balance Sheet Balance Sheet at Histone Cost [before WEB] falter WEBI at at June 30, 2006 June 30, 2007 Assets S 247 million E 272 million Dcbt 61 million 25% 79 million 29% Equiry 186 million 75% 193 million 71% S 247 million 100% S 272 million 100% using Currem Values Actual Eatimtned Current Curtmt Value Value 7? S 1 billion 79 million 79 mi ion R% 77 921 mill- 92% ?? $ 1 billion 100% 4 7 taxes & utility bills PART II NOW. �r General Obligation debt is paid with increases to property taxes Revenue bond debt is paid with increases to utility bills upcoming projects Anticipated Debt Interceptor sewer line $90 million Improvements to WTP $5 million Surface water projects $5 million Purchase of WEB property $20 million J Upcoming Debt and Costs Average Monthly Sewer Bill for Sept 2007 SO) - as,, $40 --- S3„ — - $20- - $0 A E x �3 o u � c z � 3 g B 4 Sewer Water Surface West End TOTAL Uncoming New Debt Now $12M $5M $20M $37M + 1 — 2 yrs $78M $5M $83M $90M $5M $5M $20M $120M Current utility bills: Monthly $27 $22 $8sv$684 Annual $324 $264 $96 Estimated utility increase: Monthly $33 $0.67 $0.25 Annual $400 $8 $3 Estimated tax increase: ' $43 $516 Monthly $8.75 Annual $105 [' for homes with average Assessed Value of $300,0001 Average Monthly Sewer Bill for Sept 2007 SO) - as,, $40 --- S3„ — - $20- - $0 A E x �3 o u � c z � 3 g B 4 summary For the following upcoming debt: e$90M Sewer revenue debt; •$5M Water revenue debt; .$5M Surface revenue debt; and e$20M West End GO debt. Approximately $516 more per year or $43 more per month PMt—d Octnbcr 2007 Finance Department Cit. of La Ac 0-i,p 4.1.1 CITY OF LAKE OSWEGO 10/02/07 AGENDA REPORT SUMMARY MEETING DATE: October 2, 2007 SUBJECT: Request to hire employees Section 20 (D) of the City Charter reads, in part, "No City Manager Pro Tem, however, may appoint or remove a City employee except with the approval of a majority of the entire Council." All offers tendered to prospective employees must be conditioned upon ratification of the appointment by the Council. Action: Authorize hiring employees as recommended. Cydney Winslow, Parks and Recreation, temporary part time Leslie Roth, Parks and Recreation, temporary on call part time Jodi Ridley, Police, October 9-26 temporary part time Steve Rauch, on-call reference librarian ESTIMATED FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: Finance Director approval required for items with a fiscal impact: ATTACHMENTS: • none Ordinance no.: Resolution no.: Previous Council consideration: vV ASSISTANT CITY MANAGER INTERIM CITY MANAGER Vz_ ( (c) : � - 7 A 71/07 signoff/date signoff/date CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: October 2, 2007 SUBJECT: Approval of Minutes from: • September 4, 2007, morning meeting • September 10, 2007, special meeting • September 18, 2007, morning meeting RECOMMENDED MOTION: Approve minutes as written. ESTIMATED FISCAL IMPACT: STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: Finance Director approval required for items with a fiscal impact: ATTACHMENTS: Minutes of: • September 4, 2007, morning meeting • September 10, 2007, special meeting • September 18, 2007, morning meeting NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: CfTf MANAGER 9 A, (, o-7 signoff/date 4.2 10/02/07 O{ LAKE 01 CITYCITY COUNCIL SPECIAL MEETING MINUTES September 4, 2007 Mayor Judie Hammerstad called the special City Council meeting to order at 7:37 a.m. on September 4, 2007, in the City Council Chambers, City Hall, 380 A Avenue. Present: Mayor Hammerstad, Councilors Turchi, Groznik, McPeak, Hennagin (7:40), Jordan, and Johnson (7:48) were present. Staff Present: Stephan Lashbrook, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Jonna Papaefthimiou, Natural Resources Planner; Richard Seals, Finance Director; 3. REVIEW EVENING AGENDA Mayor Hammerstad noted that they would honor the Little Leaguers this evening. She said that it was Councilor Hennagin's turn to read the Consent Agenda. She mentioned appointing Stephan Lashbrook tonight as Interim City Manager. She corrected the mistaken information in the LONAC newsletter: it was not that the Council could not appoint a city manager for six months, but rather that Mr. Lashbrook could not serve as City Manager Pro Tem for more than six months. She informed the Council that the Council subcommittee has selected Bill Avery as the recruitment firm, the same firm that recruited Mr. Schmitz away from the City. She observed that the public hearing on the Skylands property for resource protection and resource conservation overlay zones would likely not be controversial, as the property owner supported the overlay zones. Councilor Turchi expressed two concerns about this property. He wondered whether the developer intended to implement a planned development. He suggested putting a stipulation on the property at the time of annexation that the developer did not necessarily have to follow the Lake Oswego street lighting ordinance. Ms. Papaefthimiou reported that the applicant has said that he intended to do a six -unit planned development. She indicated to Councilor Hennagin that, after working more with staff, the property owner realized that he could do the project that he wanted to do after all, and withdrew his opposition to the overlay zones. Councilor McPeak spoke to putting conditions and restrictions on a property at the time of the development application, as opposed to at the time of the annexation. Councilor Turchi concurred. He said that his concerns would be greatly assuaged if he knew that the normal application of City development criteria allowed the applicant an opportunity to petition the Council not to have streetlights at that site. He recalled that the applicant had clearly not liked the streetlight requirement mentioned during an annexation discussion several years ago. He commented that he did not see the lack of streetlights as a safety issue, and that the neighborhood would probably also prefer no streetlights. He suggested that the Council take advantage of this opportunity to indicate to the applicant that it heard what he said and give him some leeway on this issue. He stated that he did not want to end up later having to vote against the DRC and City staff. Mayor Hammerstad held that it was the tall streetlights that the developer did not want, and not streetlights period. She concurred with Councilor Turchi that this requirement clearly disturbed the City Council Special Meeting Minutes Page 1 of 5 September 4, 2007 applicant, noting that the neighborhood `look' was rural without sidewalks and streetlights. She spoke of making an exception for Skylands on some of the City's urban streetscape requirements. Mr. Lashbrook noted that staff has postponed some developments in Forest Hills to wait on the upcoming outdoor lighting ordinance, which staff had to move down the priority list. He reminded the Council that the structure of the ordinance called for a series of different lighting zones around the city applied differently in different neighborhoods, based partly on neighborhood wishes with the Council having the ultimate decision of what was appropriate in each neighborhood. While he encouraged Councilor Turchi to bring up the issue at tonight's meeting to note its importance to the Council, he said that the Council did not need to make a decision on it tonight. He spoke of bringing the ordinance to the Council in the next six to eight months, which would give the City time before this development moved past the annexation stage to do something more final. Councilor Hennagin observed that street lighting could be addressed either through neighborhood plans or the dark sky ordinance. Councilor McPeak spoke in support of the Council surfacing its concerns about street lighting, and its expectation that staff and owner conversations would lead to agreement on lighting fixtures implementing the dark skies concept. Mayor Hammerstad indicated to Councilor McPeak that she did not think that the planned development issues of siting and open space were an issue with this development because the overlay would provide plenty of open space. Councilor Jordan spoke to maintaining continuity between the open spaces of several adjacent properties. Mayor Hammerstad reviewed the ordinances: authorizing the issuance of the sewer and water revenue bonds, and re -funding two series of bonds at a lower interest rate. She asked Mr. Seals to include the purpose of the bonds in Ordinance 2493. Mr. Powell pointed out that any changes to the ordinance itself meant continuing the ordinance for another week. Mayor Hammerstad indicated that putting the purpose in the accompanying information was sufficient. Councilor McPeak observed that sometimes Mr. Seals signed the blue cover sheets, approving the fiscal impact section, and sometimes he did not. She asked why he had not signed the Ordinance 2493 cover sheet. Ms. Christie explained that it was a timing issue with getting the blue cover sheets to the appropriate individuals for signatures before publishing the agenda. Mayor Hammerstad indicated that, while the ordinances were not public hearings, she would acknowledge people wanting to talk about them. She mentioned that the naming of the pergola would come under City Council Information. Mr. Powell said that he would present the explanatory statement on the resolution under his information section. 4. REVIEW FUTURE AGENDA ITEMS Mayor Hammerstad noted that the Council would go on the open space tour first on Monday, followed by discussion of the other agenda items as time permitted. She mentioned that the situation with the City Manager delayed the City Attorney's midyear evaluation, now scheduled for September 11. She commented that the September 18 public hearing to gather public input on city manager qualifications and characteristics was a necessary prerequisite to the recruitment process. She indicated to Councilor McPeak that the recruiter would meet individually with the Council members and some department heads. Mr. Lashbrook indicated to Councilor Turchi that the Council would have an opportunity to talk about the Luscher Farm CSA before the September 18 hearing, most likely in executive session. 5. STUDY SESSION 5.1 Board and Commission Procedures City Council Special Meeting Minutes Page 2 of 5 September 4, 2007 Councilor Jordan reviewed the Council's current practices for filling vacant Board and Commission seats. She pointed out that holding the position open until the Council received one more application than the number of vacant seats often put the Boards and Commissions in the position of not having a quorum. She noted that members leaving were not always willing or able to stay on until their seat was filled. She posed a series of questions about how the Council wanted to work the timing of the interviews. Did the Council want to proceed with interviews before having a full applicant pool, while continuing to accept applications? She noted that meant scheduling more interviews. How should the Council respond to people waiting six months or more after turning in their applications without hearing anything? How did the Council want to interact with the Boards and Commissions? Methods used in the past included a report from the chair at a Council meeting, and a Council dinner with each group. Mayor Hammerstad asked whether the Council wanted a policy requiring the holding of interviews within a specific period of time following the application deadline, regardless of the number of applications received. She pointed out that if they did not receive more applications than seats, there was no point in doing the interviews. Councilor McPeak disagreed. She concurred that denying an applicant under those circumstances would be awkward, but held that it was no different than having no term limits made it awkward to remove a sitting member: people tended to take it personally. Councilor Jordan pointed out that this was simply the Council's practice; it was not a written policy. She wondered whether they needed an in-depth review of the boards and commissions to see which were active enough to continue. Councilor McPeak pointed out that, while Mayor Hammerstad was correct in saying that 16 advisory boards was a large number for a town this size, there were constituencies for every one of them. She concurred that some of the boards and commissions have outlived citizen interest. Mayor Hammerstad noted that the postcard continued the Council's current practice of not notifying applicants until there were sufficient applications to start the interview process. Councilor Jordan, while acknowledging that it meant more work for the staff, spoke to touching base with people every two months to see if they were still interested in the position. Councilor Hennagin held that if they had a vacancy and a qualified applicant, then they should fill the vacancy. Councilor Johnson suggested holding running interviews, but not picking someone until they received sufficient applications. Councilor McPeak commented that she did not want to give more than a certain number of afternoons and evenings a month to the interview process. Councilor Jordan pointed out that, unless they found sufficient members to make up a quorum on a board or commission, that board or commission would become inactive because it could not do anything without a quorum. Councilor Groznik concurred with Councilor Hennagin that they should appoint qualified people to fill vacancies when they applied. He described the Council's current practice as an arbitrary decision. He held that the Council unduly encumbered itself by re -interviewing sitting members for a second term, especially if there was no other applicant for the position. Councilor McPeak concurred with Councilor Groznik that the current process was too complicated. However, she pointed out that the Council obtained good feedback on boards and commissions when it re -interviewed people, as well as providing an opportunity to assess whether an individual should retain his/her seat. Councilor Groznik argued that there was another process for obtaining that information. Councilor Johnson concurred with Councilor McPeak that the interviews provided good information. She pointed out that requiring interviews for some sitting board members and not requiring them for others was arbitrary, and created more stress. City Council Special Meeting Minutes Page 3 of 5 September 4, 2007 Mayor Hammerstad held that they were making too much of this issue. She summarized the discussion as the Council interviewing people right after the deadline, filling vacant positions as it could, and re -recruiting as necessary. She described the postcard as a good idea. She clarified to Councilor McPeak that the change in practice to interviewing applicants right after the deadline gave the applicants an end point in the process. • Youth Council Orientation Mayor Hammerstad volunteered to participate in the Youth Council Orientation. She said that when staff scheduled a date for it, then the Council would discuss giving the Youth Councilors a consistent message. She asked for additional ideas on improving the orientation process. Councilor Jordan recalled a discussion about having the Youth Council review the future agenda and select a couple of items coming up in the next three or four months to research and present its position during the Council's hearing of the item. Mayor Hammerstad suggested expecting the Youth Councilors to attend the two televised Council meetings each month, even if they were working on another board. Ms. Christie mentioned that last year, most Youth Councilors did attend at least two meetings a month, including board and commission meetings. • Boards and Commissions meetings Mayor Hammerstad noted that the Council did do its goal setting meeting with the Boards and Commissions, as well as hold a dinner with the chairs. She suggested meeting with the Planning Commission and Development Review Commission separately in order to be sure that they were getting what they needed in order to pass decisions on to the Council. Councilor McPeak mentioned the evening training sessions that the Council used to hold. Mayor Hammerstad noted that the Council did those every other year, and this was the year to do one. 5.2 Voting Delegate for the League of Oregon Cities Conference Mayor Hammerstad volunteered to serve as the Council's voting delegate at the Saturday morning business meeting. 5.3 Explanatory Statement for Referred Measure Mr. Powell pointed out that the explanatory statement did not add much to the ballot title because the question was very simple. He noted the additional information of what was currently going on in the West End building now (with the caveat that the City has yet to determine a permanent use for the building), the possibility of a public/private partnership, and an example cost estimation if the City went out for GO bonds to finance the purchase price. He commented that, given that all options were speculative at this point in time, the less specific the statement was, the better. He stated that tonight was the Council's deadline for adopting the explanatory statement required for a referral. Councilor Jordan commented that the LONAC newsletter mentioned a bond measure to pay for the purchase. Councilors Groznik, Jordan, and Mayor Hammerstad each indicated that he/she would attend the LONAC meeting this Saturday. Mayor Hammerstad asked whether the Council would be willing to support a resolution in support of Measure 49, the rewrite of Measure 37. 6. EXECUTIVE SESSION Mayor Hammerstad convened an Executive Session at 8:19 a.m. pursuant to ORS 192.660(2) (e) to conduct deliberations with persons designated to negotiate real property transactions, and (h) to consult with attorney regarding legal rights and duties of a public body with regard to current litigation or litigation likely to be filed, and (f) to consider information or records that are exempt by law from public inspection. Mr. Powell reviewed the Executive Session parameters. City Council Special Meeting Minutes Page 4 of 5 September 4, 2007 7. RETURN TO OPEN SESSION Mayor Hammerstad returned the meeting to open session at 9:26 a.m. 8. ADJOURNMENT Mayor Hammerstad adjourned the special meeting at 9:27 a.m. Respectfully submitted, Robyn CYnistie City Recorder Judie Hammerstad, Mayor City Council Special Meeting Minutes Page 5 of 5 September 4, 2007 �oE_�nKc oswc CITY COUNCIL SPECIAL MEETING MINUTES September 10, 2007 GREW" Councilor Turchi called the special City Council meeting to order at 5:02 p.m. on September 10, 2007, at the Main Fire Station, 300 B Avenue. Present: Councilors Turchi, Groznik, McPeak, Hennagin, Jordan and Johnson; Mayor Hammerstad and Councilor McPeak were excused Staff Present: Stephan Lashbrook, Interim City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Denny Egner, Long Range Planning Manager; Hamid Pishvaie, Current Planning Manager; Sidaro Sin, Senior Planner; Denise Frisbee, Interim Community Development Director; Laura Weigel, Neighborhood Planner; Paul Espe, Associate Planner 3. STUDY SESSION 3.1 Planned Unit Development Open Space (tour) Councilor Turchi commented that the Council just returned from a tour of recent planned unit developments. Mr. Lashbrook noted that the City's current standards required a 20% open space set aside for any subdivision or planned unit development (PUD). He said that the Infill Task Force recommendation was to change the PUD process to discourage very small open space set asides on PVDs of 75,000 square feet or less. Mr. Egner mentioned that, while the Infill Task Force has yet to finalize some items, it did give clear direction on limiting the use of PUDs on the very small developments of less than 75,000 square feet, and on not requiring the 20% open space set aside on those small developments unless there were natural resources on the site. He said that there were some exceptions related to how those properties might relate to another PUD or other property with dedicated open space tracts. He indicated that the Task Force's chief concerns included the resulting lot sizes and setbacks, as well as lot coverage. He said that if the Council thought this was the right direction, it could move this recommendation forward to the Planning Commission for immediate consideration, ahead of the rest of the Task Force's work. He reviewed the three different options developed by staff for changing the procedures for handling annexations: once a year, twice a year, or batched. He explained that `batching' annexations meant collecting a number of annexations and moving them forward at the same time. For the once or twice a year options, staff proposed allowing applicants to pay a premium for moving their applications forward before the scheduled dates. Mr. Sin recommended adding pre -application conferences for annexations, as staff already spent a lot of time with people before they actually filed their application. Councilor Groznik asked for staff clarification on the 20% open space requirement. Mr. Egner explained that the proposal eliminated the open space dedication and prohibited the use of the PUD option for the small parcels under 75,000 square feet. He said that these developments would go through the subdivision requirements and meet all the minimum lot size requirements for that zone. Mr. Pishvaie explained that a PUD was an overlay of a subdivision; the 20% open space requirement applied to subdivisions, whether or not the developer took the PUD overlay option. A subdivision was any division of land consisting of four or more lots. He said that developers asked City Council Special Meeting Minutes Page 1 of 6 September 10, 2007 for the PUD overlay when the combination of three required elements—the right-of-way needed for streets, the 20% open space set aside, and minimum density—would not allow them to have lots that met the lot size and dimension requirements of the base zone. Councilor Groznik concurred that the City and Metro requirements forced developers to choose between open space and minimum density, given that they had to have roads. Mr. Pishvaie noted the only exception to the minimum density requirement: the allowance of density transfer from resource protection or conservation areas. Mr. Egner explained that the City had to allow the transfer in order to avoid a taking. Councilor Hennagin described the proposal (as applied in an R-7.5 zone) as changing the 20% open space set aside from a four lot subdivision to a 10 -lot subdivision. He asked what the analysis and thinking had been of the Infill Task Force in making this recommendation. Mr. Egner cited the Task Force seeing the examples of smaller parcels and developments for which the 20% open space requirement caused problems. He pointed out that the larger developments had more flexibility in locating the open space in relation to the homes, but the smaller developments had little choice in that regard. Mr. Lashbrook mentioned his surprise that the Task Force had gone with the 75,000 square foot number, as he had used it simply because the math was easy to do. He acknowledged to Councilor Hennagin that developers could manipulate the system to get around the 20% set aside in adjacent small developments. Mr. Lashbrook confirmed to Councilor Turchi that, even if the Council relaxed the open space requirement, the resource protection and conservation areas on a lot would still drive lot size and placement. This proposal would effectively restrict how a property owner could adjust the lot sizes to accommodate the resource protection set aside. Mr. Egner pointed out that the Task Force did not require the dedication of 20% or more open space, but instead was willing to accept 10%, or something similar, if a lot had only 10% natural resources on it. Councilor Turchi asked if staff would find it problematic to deal with a more flexible standard that allowed a lot of discretion. Mr. Pishvaie said that he did not think that was the problem. He mentioned that the City already had an option for developers to pay a fee in lieu of the 20% open space, which allowed the City to aggregate funds to purchase larger open space tracts elsewhere in the city. He pointed out that the City based the fee on assessed value, and not on market value, but the City could adjust its fee formula to correct that. Mr. Lashbrook reminded the Council that, under State law, the City had to give the developers the option of an expedited land division. Therefore, staff had to know what the applicable standard, or default rule, was for those requests. He stated that the Council could not leave this completely discretionary. He indicated to Councilor Hennagin that the City had an ordinance to deal with clear cutting of property in the County prior to annexation to the City. It generally resulted in mitigation negotiations. Mr. Egner indicated to Councilor Johnson that there were few 75,000 square foot parcels left inside the city boundaries. Mr. Pishvaie pointed out that, in some neighborhoods, a developer could quickly aggregate that size a parcel with teardowns. Councilor Turchi invited Jim Bolland, Infill Task Force member, to address the Council. Mr. Bolland stated that the Task Force, in looking at the existing small developments with an open space set aside, saw bramble patches of open space not maintained by the property owners. He noted that the Task Force felt it was more important to put that 20% back into larger side yard setbacks and create more space between cramped houses than to reserve it for bramble patches. He explained that the idea was, if there was no resource to protect on the parcel, to not require the 20% set aside (which meant that the project was no longer a planned development), and to require City Council Special Meeting Minutes Page 2 of 6 September 10, 2007 that the development meet the lot size of the underlying zone. He emphasized that the point had not been to do away with the resource set aside, but rather for these small developments to meet the lot size of the underlying zone. Mr. Lashbrook indicated to Councilor Jordan that staff applied the minimum density requirement to subdivisions and planned developments at 80% of the maximum density. Mr. Egner indicated to Councilor Turchi that the options before the Council were to let this issue either come up before the Planning Commission with the entire Infill Task Force recommendations, or to ask the Planning Commission to accelerate this issue ahead of the rest of the recommendations. Mr. Lashbrook indicated to Councilor Hennagin that this issue would not affect any applications at the point of filing because whatever rules were in place at the time of an application ruled for that application. The new rules would apply to any applications not yet submitted. Councilor Groznik spoke in support of accelerating this recommendation. He pointed out that the infill issue was extremely complicated, and accelerating this piece of it would both remove one of the complicated issues and serve the City's interests in dealing with PDs and subdivisions. Councilor Jordan questioned whether wider side yard setbacks would result in a more attractive development if the City could not require the planting of more vegetation in those side yard setbacks. Mr. Egner said that the Task Force has recommended an option of allowing developers to do more landscaping in the side yards, instead of dealing with other design requirements intended to break up massive walls. He mentioned the Community Development Code's upcoming proposed street tree requirement for all developers in the city, instead of requiring street trees only in FAN. Councilor Jordan observed that accelerating the 75,000 square foot rule for study without these other pieces meant that some annexations and developments would fall between the cracks. Councilor Hennagin commented that he found a requirement telling people how to landscape their lots bordering on the offensive. Mr. Egner clarified that the staff proposal gave an option to replace the side yard plane requirement, which has been an issue of concern to developers. Councilor Turchi said that he was sympathetic to the idea of putting not -very -useful open space back into the size of the lots in order to create more space between the houses, and not a larger house. He indicated that he was also sympathetic to the idea that, given the terrain of the community, locating different size lots near each other might be the rational and more beautiful thing to do within the context of the neighborhood. He commented that returning to doing subdivisions (as opposed to PDs) set aside the notion of fitting the development to the size of the property, something that should be taken into consideration. He spoke to finding a balance between those values. Mr. Egner indicated that he saw the Planning Commission's role as providing the Council with that sort of advice. Mr. Egner mentioned that, in a situation of a series of open space dedications, the current planning staff could try to put those together in the same area in order to create a larger open space tract than the parcels would otherwise have. He noted that this argued against the Task Force proposal, but held that the Task Force's rationale behind its proposal was that the City did not get `the bang for the buck' with the 20% open space requirement in the smaller developments. Councilor Hennagin indicated that he supported expediting this issue at the Planning Commission. Councilor Jordan concurred. She pointed out that the proposal did not tell developers to put the 20% between the houses; it simply did not require the 20%. Councilor Turchi commented that the question was how to do that in a way that was pleasing and satisfactory to the developers, the neighborhoods, and the community. Councilor Groznik agreed with expediting the issue. He spoke in support of the fee in lieu of option as providing flexibility of lot placement in planned developments and giving the City enough money to purchase open space in the community. Councilor Johnson supported expediting the request. City Council Special Meeting Minutes Page 3 of 6 September 10, 2007 Councilor Turchi directed staff to send the issue to the Planning Commission for an expedited review. (see motion on page S) 3.2 Annexation Policy and Procedures Councilor Turchi phrased the question as whether handling annexations on an individual basis posed a burden to staff and the Council, or would it be better to aggregate annexations several times a year for greater processing efficiency. Councilor Groznik spoke in favor of aggregating annexation requests twice a year for greater efficiency. Councilor Jordan expressed her concern that handling annexation requests only twice a year, instead of batching them, would lead to extra meetings just for annexation hearings. She supported first seeing how the flow worked with batching. Councilor Hennagin commented that he was more concerned with making the process more efficient for the staff than for the Council. He questioned whether twice a year annexations were fair to the landowners. Mr. Sin indicated that processing an annexation request normally took staff three to five months. Councilor Hennagin wondered whether quarterly hearings might be better than semi-annual hearings. Councilor Turchi described two pieces to the issue: the impact on staff (would more frequent or less frequent annexations make more sense in staff's workflow?), and the ever-increasing cost of construction (whether delaying an annexation for a developer ready to build significantly increased his costs). Mr. Lashbrook concurred that delayed annexations were likely to increase construction costs. Mr. Sin mentioned the premium that staff built into the proposal to address those situations. He also noted the extensive pre -application work that staff did with many applicants to get the application as complete as possible for submittal at the next Council hearing. Mr. Egner pointed out that the City's invitation to adjoining property owners to join in on a requested annexation did extend the annexation timeline significantly. He recalled situations where someone responded to the invitation quite late in the process, which further delayed the hearing because staff preferred to process the properties in one proposal. Mr. Sin indicated to Councilor Turchi that it was difficult for him to gauge whether grouping annexation requests together (which meant an intense time of focusing solely on annexations), or allowing a constant flow throughout the year was the best process. He indicated to Councilor Jordan that a mandatory pre -application conference would help him with the flow. Mr. Egner mentioned the staff's hope that the pre -application conference would flush out utility issues earlier in the process. Councilor Groznik argued that hearings twice a year gave a certainty for when those hearings would happen, and got rid of annexations dribbling in and interrupting other planning projects. He disagreed with basing a decision on the inflation rate because it constantly fluctuated. He held that a twice a year processing allowed the Council to look at annexations in a more comprehensive fashion and to evaluate their aggregate impact on a neighborhood. Mr. Lashbrook said that, from the staff's perspective, some manner of grouping annexations together for handling would be better than none. He commented that, while Mr. Sin's description of the impact of annexations on staff time was correct, the upcoming periodic review would probably consume the planning staff's time for several years. Therefore, it was important to get a handle on these other time-consuming tasks now. Councilor Hennagin clarified that he had two things in mind when he requested a review of annexation policies and procedures: his perception of the current process as an inefficient use of staff and Council time, and the possibility of involuntary annexations. Mr. Powell indicated that the City could only use involuntary annexations for islands; any other type of annexation required a consensual annexation or an election annexation. City Council Special Meeting Minutes Page 4 of 6 September 10, 2007 Councilor Turchi observed that the discussion has raised two topics: how to effectively and efficiently manage the consensual annexation process, and the Council's philosophy regarding annexation, both voluntary and involuntary. He suggested staying with the narrower topic of procedures. Mr. Egner indicated to Councilor Jordan that the City currently did not have an expedited process for annexation. Councilor Jordan commented that, under a semi-annual schedule, someone who applied two months before the scheduled hearing date would automatically fall into the next six month window. Mr. Sin mentioned that the Council could initiate an annexation at any time; two months would be still be enough time. Councilor Turchi expressed concern that delaying annexations for efficiency's sake might not work in the best interests of the community, given the affordability issues resulting from a higher construction cost and potential redevelopment. He spoke in favor of a monthly or bi-monthly grouping. Councilor Groznik spoke to charging a fee for annexation that captured all the direct costs of doing annexation on a piecemeal basis. Mr. Sin indicated to Councilor Turchi that there was an economy of scale in doing annexations together. Mr. Powell pointed out that changing the fee per Councilor Groznik's suggestion meant a change in Council direction and policy. He recalled that, only a couple of years ago, the Council was waiving fees as part of encouraging annexations whenever possible. He explained that the Council's concern had been that in -city residents paid for the urban amenities enjoyed by those located outside the city. Waiving the fees was not a windfall for those annexing, but rather an advantage to the in - city residents in increasing the number of people sharing the tax burden of having those amenities. The Council indicated its support of using a pre -application conference to facilitate annexations. It agreed that some sort of batching was desirable. Councilor Hennagin suggested three or four times a year as a compromise. Councilor Johnson questioned whether batching annexations every six months produced much economy of scale if the annexations were located in different corners of the city. She said that she could see a benefit in batching annexations geographically. Councilor Jordan observed that batching annexations did not mean less meetings, but rather filling up the agenda for a given meeting. She expressed her appreciation for Mr. Powell's explanation of the earlier Council wanting to encourage annexations. She concurred that processing annexations every six months might not accomplish the efficiencies desired. She spoke to finding a way to batch annexations that made sense, and letting that work for a couple of years. Councilor Turchi commented that, in one sense, staff was simply asking the Council's opinion about an internal process for handling annexations, and in another sense, the Council was deliberating towards a possible change in Council policy. He held that the deliberations should occur at a public forum, and not at a work session. He asked staff to talk about the costs at a regular meeting. Mr. Powell suggested that the Council have a motion directing staff to send the PUD issue to the Planning Commission separately from the other infill recommendations. Councilor Groznik moved to request the Planning Commission to look at the subdivision and PD process separately from the infill process, and to accelerate it. Councilor Hennagin seconded the motion. A voice vote was taken, and the motion passed unanimously with Councilor Turchi, Groznik, Hennagin, Jordan, and Johnson voting `aye.' 5:0 3.3 Secondary Dwelling Units Mr. Lashbrook explained that `secondary dwelling units' in the Lake Oswego Code referred to a small housing unit that could be either part of an existing detached house or located elsewhere on the lot with a detached house. He said that these currently went through the minor development review process and took three to five months to complete. He noted that the Comprehensive Plan had language supportive of these units. City Council Special Meeting Minutes Page 5 of 6 September 10, 2007 He recalled the recommendations received from the Affordable Housing Task Force and the 50+ Advisory Board, asking that the City move to make it easier for people to develop these units. He pointed out that one benefit of secondary dwelling units was the provision of a housing form needed with the decline in small houses in the community and the increase in aging residents needing proximity to family members. Another benefit was the City being able to count these units as housing units in meeting its minimum density requirements. He explained that the proposal called for removing the discretionary part of the current process, and making it subject solely to administerial review. He pointed out that the intent of the discretionary standard had been to protect the privacy of neighboring properties, yet the City did not have similar requirements for other housing. He said that the rest of the standards were essentially a check off list: did the applicant meet the requirement or did he not? He indicated that the second part of the proposal was to clarify the code language. Currently, in low-density residential areas, lots were counted as housing units. This change would count each dwelling unit as a separate unit. He mentioned that this issue has had several years conversation in the community. Councilor Jordan moved to send both recommendations to the Planning Commission. Councilor Groznik seconded the motion. Councilor Jordan described this as an important first step on the density issue, and as a creative way to place more than one dwelling unit on a lot. She referenced a development in northeast Portland that built four units on one lot with a communal center, a concept she thought would fit in with many Lake Oswego neighborhoods. Councilor Hennagin concurred with Councilor Jordan's comments. He supported removing the discretionary standard of protecting the neighbors' privacy because it was vague and ambiguous. He agreed with having standards that were more objective than subjective. Councilors Groznik and Johnson also supported the motion. Councilor Turchi noted that the Council was simply sending this to the Planning Commission, which would then conduct a public process on the issue, including citizen testimony. A voice vote was taken, and the motion passed unanimously with Councilor Turchi, Groznik, Hennagin, Jordan, and Johnson voting `aye.' 5:0 4. ADJOURNMENT Councilor Turchi adjourned the meeting at 6:10 p.m. Respectfully submitted, Robyn Christie City Recorder udie Hammerstad, Mayor City Council Special Meeting Minutes Page 6 of 6 September 10, 2007 oatico" CITY COUNCIL SPECIAL MEETING MINUTES September 18, 2007 Mayor Judie Hammerstad called the special City Council meeting to order at 7:30 a.m. on September 18, 2007, in the City Council Chambers, City Hall, 380 A Avenue. Present: Mayor Hammerstad, Councilors Turchi, Groznik, McPeak, Hennagin (7:35) and Jordan; Councilor Johnson was excused Staff Present: Stephan Lashbrook, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Joel Komarek, City Engineer; Richard Seals, Finance Director; Jane Heisler, Public Affairs Director, Larry Goff, Assistant Fire Chief; Brant Williams, Director of Capital Facilities 3. REVIEW EVENING AGENDA Mayor Hammerstad noted the swearing in of the Youth Council this evening. Ms. Christie explained that Metro's "Drive Less, Save More" campaign was related to sustainability. Metro staff would give a brief presentation. Mayor Hammerstad indicated that Councilor Groznik would read the Council Goal update, and Councilor Jordan would read the Consent Agenda. She explained that the Council had to approve the hiring of employees because the City Manager Pro Tem could not do that. Mr. Lashbrook indicated that Tigard has not yet confirmed the Friday meeting with Councilors McPeak and Turchi. Councilor Jordan and Mr. Powell requested corrections to the minutes. In response to Mayor Hammerstad's earlier request, Ms. Christie provided copies of the City Manager job duties described in the Charter. Mayor Hammerstad noted that all Councilors have agreed to their scheduled times with the recruiter. Councilor McPeak suggested requiring that the City Manager live in Lake Oswego, as Mr. Schmitz did. Mayor Hammerstad disagreed with making it a requirement, although she agreed that it was important for the City Manager to live in Lake Oswego to get the feel of the city. She concurred with Councilor Hennagin that it should be a strong recommendation. Mr. Lashbrook indicated to Mayor Hammerstad that the Interceptor next steps agenda item was for informing people that the barges, which would be out on the lake during the fall and the winter, were doing the geotechnical work, and were not involved in the actual construction project. Ms. Heisler indicated to Mayor Hammerstad that she was working with the staff member giving the PowerPoint presentation on the Tryon Creek wastewater treatment plant enhancement plan to reduce his presentation considerably. Mayor Hammerstad commented that she had not detected any odor from the treatment plant when she was in Foothills Park. Councilor McPeak confirmed that, while there was an occasional odor in the air, there was nothing on a daily basis. Mr. Lashbrook noted that the odor would vary with the weather, sewer flows, and wind direction. Ms. Heisler agreed that odor was not a big issue at the plant, citing the findings of the aesthetic and odor tour and survey. Councilor Jordan noted that the plan showed enhancements on both the Foothills Park side and the Tryon Creek side. She wondered if there was any relationship between that and the Tryon Creek culvert scheduled on the October 9 agenda. Ms. Heisler indicated that the culvert was not related to the odor control or aesthetics of the plan. City Council Special Meeting Minutes Page 1 of 4 September 18, 2007 Ms. Heisler confirmed to Councilor Turchi that the plan did not include any cost estimates. She explained that the plan was not that far along yet, but when they did see the costs, they would be able to discuss funding sources. She noted that staff took the approach that odor control drove the project, for which improvements Lake Oswego would pay into, and any other improvements that were not odor control related were negotiable. She concurred with Councilor Turchi that they could assure the public that, at this point, the project would not add a large expense to the City budget, although staff would start costing out the improvements at its next meeting. Councilor McPeak suggested stating clearly to the public, when the time came, that the choices on this project would be driven primarily by cost. Councilor McPeak mentioned that the birds loved the treatment plant. She asked if the proposed changes would affect the birds. Mayor Hammerstad pointed out that the birds liked the last pond best, which was not a smelly pond. Ms. Heisler said that the proposal did not include covering that pond, although the industrial property owners might want it covered. Ms. Heisler indicated to Councilor Hennagin that this project was not in the LORA budget because the treatment plant was not in the tax increment district. Councilor Groznik pointed out that the treatment plant lay outside the maximum acreage possible with an extended district. Ms. Heisler confirmed to Mayor Hammerstad that it did not appear that this project would result in a bond. She mentioned staff's conscious effort to have some improvements done in the next five years, instead of everything being 10 to 15 years out. Mayor Hammerstad reported that the Lake Grove Neighborhood Association meeting that she and Mr. Seals attended last night went very well. She said that Mr. Seals clearly explained the costs of the several projects facing the City. She suggested that Mr. Seals give that presentation at the October 2 Council meeting, as the information had helped settle people down in clarifying that the City was not asking the public to do huge projects. She mentioned answering a question about the rumored $70 million for the community center: it would only cost $20 million right now, and if it ever developed into something that required additional funding, the City would have a bond measure. She said that she made a strong plea for the West End building as a great opportunity that would never come again. Councilor Jordan referenced an article about the increases in the North Clackamas County sewer rates, which included information on what people around the region were paying for sewer costs. She noted that it had not included Lake Oswego, and she would like to see Lake Oswego's rates in comparison to what other cities were paying. Councilor McPeak suggested mentioning on a regular basis that taxes were not based on market values. Mayor Hammerstad said that, in his presentation, Mr. Seals equated the assessed values to estimated market values. Mr. Seals noted that many people did not understand that Oregon and California handled tax assessments differently: California used the last sale price of the house, while Oregon used an estimated assessed value, even for new houses. Mr. Seals clarified to Councilor Hennagin that the cost per $100,000 was based on a combination of revenue bonds for the sewer, water, and surface water projects, and a GO bond for the West End building. Ms. Heisler commented that one of the effective items in the presentation was explaining that, as utility rates increased over the next 10 years, the $61 million in debt was decreasing, and would likely go away. Mayor Hammerstad indicated to Councilor Hennagin that, under the current system, new construction did not reduce the tax base for everybody. Mayor Hammerstad mentioned another question raised at the meeting: if the City sold the Safeco building, couldn't it use that money for the sewer interceptor? She said that Mr. Seals explained that, after paying off the line of credit, the money would have to go back into the reserves. The money for the building and the money for the interceptor came out of two different pots of money. City Council SpecialMeeting Minutes Page 2 of 4 September 18, 2007 Mr. Seals indicated to Councilor McPeak that the Council could decide what to do with any profit made on the sale. Mayor Hammerstad reported on the Steering Committee meeting on the alternatives analysis for the streetcar. She said that the Steering Committee's recommendation was a little different than LOPAC's recommendation, in that it kept the study of the existing trolley line running through John's Landing. She noted that LOPAC had recommended taking that option out and keeping only the Macadam route. She explained that it was important to leave the existing line in because its $75 million value significantly impacted how much money they could get from the federal New Starts program, and reduced the local obligation to only $20 million. She commented that the Dunthorpe and John's Landing residents did not like that, but others not living in those two areas were excited about it. She spoke of weighing the number of people living along the line against the number of people who would benefit. Councilor Hennagin, as a prior member of LOPAC, commented that the John's Landing area people had a disproportionate representation on the committee, which adversely affected the committee as a whole. He pointed out that running the line on Macadam slowed the streetcar down significantly, as it was then subject to the traffic signals. He questioned why people would ride the streetcar if it were no faster than a car. Mayor Hammerstad mentioned that it was an eight minute increase in travel time, which meant that there had to be a tradeoff big enough to make it worth while. Ms. Heisler noted that another reason to continue the study of the Willamette Shoreline was that ODOT was not comfortable with having a streetcar on Macadam.. Councilor Jordan reported on an MPAC meeting she attended as the Mayor's substitute. She mentioned that Clackamas County built its suggestions for projects to put on the funded list for the next 20 years with a rationale that it hoped would put it in a good position to defend its projects when the time came for funding allocations. She noted the importance of focusing on projects in the next five years because they would redo the RTP every five years anyway. She said that the ODOT issue was a big issue because ODOT had control over several local roads in Clackamas County, which were important to the local community but not high on ODOT's funding list. Mr. Powell recalled the Council's approval a year ago of the purchase of the Furnace Street property. He said that he would announce this evening that the purchase would close on September 27. Mayor Hammerstad recalled that the Youth Council had been most productive when she and Karl Rohde met with them on the Sunday afternoons before the regular Council meeting. She said that she stopped going when only two or three of the Youth Councilors showed up. She suggested starting the practice up again with Councilors attending on a rotating basis. She indicated that if less than four showed up, the Council would give them a warning that it would not hold these meetings anymore. She said that Ms. Christie would circulate a calendar for Councilor sign-ups, and send reminders as appropriate. She indicated to Councilor Jordan that there has been some discussion of Youth Councilors learning more about an issue on the Council's agenda for comment at a meeting, but she would wait until they were more comfortable before pursuing it further. Mr. Lashbrook reported that staff has not been able to find a job description for the City Manager position outside of the Charter. He mentioned finding a thick file on the recruitment that led to Mr. Schmitz's hiring. 6. EXECUTIVE SESSION Mayor Hammerstad convened an Executive Session at 8:11 a.m. pursuant to ORS 192.660(2)(e) to conduct deliberations with persons designated to negotiate real property transactions, (f) to City Council SpecialMeeting Minutes age 3 0 4 September 18, 2007 consider information or records that are exempt by law from public inspection, and (h) to consult with attorney regarding legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. Mr. Powell reviewed the Executive Session parameters. 7. RETURN TO OPEN SESSION Mayor Hammerstad returned the meeting to open session at 9:32 a.m. Mayor Hammerstad mentioned holding a short Executive Session this evening for the City Attorney's midyear review. Mayor Hammerstad indicated to Councilor Jordan that all Councilors should have received invitations to the Fusion presentation. 8. ADJOURNMENT Mayor Hammerstad adjourned the special meeting at 9:33 a.m Respectfully submitted, Robyn Chrisfie City Recorder BY THE CITY COUN Judie Hammerstad, Mayor City Council SpecialMeeting Minutes Page 4 0 4 September 18, 2007 7.1 CITY OF LAKE OSWEGO 10/02/07 AGENDA REPORT SUMMARY MEETING DATE: October 2, 2007 SUBJECT: RESOLUTION 07-80 - A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL ADOPTING STANDARDS, CRITERIA AND POLICY DIRECTIVES TO BE USED IN HIRING A CITY MANAGER Motion: Move to adopt Resolution 07-80 ESTIMATED FISCAL IMPACT: $0 STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: Finance Director approval required for items with a fiscal impact: CITY ATTORNEY ATTACHMENTS: • Council Report (Powell) Resolution 07-80 NOTICED (Date): Ordinance no.: Resolution no.: 07-80 Previous Council consideration: 1 CITY MANAGER q-.25-0? I Z7 0 signoff/date signoff/ to RESOLUTION 07-80 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL ADOPTING STANDARDS, CRITERIA AND POLICY DIRECTIVES TO BE USED IN HIRING A CITY MANAGER WHEREAS on September 18, 2007, the Lake Oswego City Council held a public hearing to provide the opportunity for comment on standards, criteria and policy directives for the hiring of a new city manager; and WHEREAS on October 2, 2007, the Lake Oswego City Council held a second public hearing in order to allow additional public input on the standards, criteria and policy directives for the hiring of a new city manager; and WHEREAS the City has also solicited public comment on the hiring of a new city manager through the city's website; and WHEREAS the City has employed William Avery & Associates, Inc., an executive search consulting firm, to solicit community input and to develop a profile that could be utilized as the standards, criteria and policy directives to be used in hiring a new city manager; IT IS HEREBY RESOLVED by the Lake Oswego City Council that the following standards, criteria and policy directives shall apply to the City's search for a new city manager: Professional Recruitment The City has employed William Avery & Associates, Inc. to recruit candidates for the position of Lake Oswego City Manager. Advertisement The City, through William Avery & Associates, Inc., shall advertise nationally for candidates for the city manager position through trade journals and personal solicitations. Procedure a. Proposals have been requested from professional recruiters to conduct an executive search process for city manager candidates. b. A professional recruiter has been employed of to recruit candidates for the city manager position. C. A brochure shall be created that presents a profile of the City, states the attributes desired for a city manager, and invites interest in the position. d. The professional recruiter shall advertise and solicit candidates for the position. This will include advertising in trade journals, professional Page 1 of 4 — Resolution 07-80 publications, and membership organizations, a mailing campaign to current city managers, internet job postings and direct contacts with potential candidates who meet the criteria and standards for the position. e. The professional recruiter shall review all applications. Based upon the recruiter's professional judgment, the professional recruiter shall establish a recommended list of finalists for the position. In doing so, the professional recruiter will utilize a combination of techniques including, but not limited to, reference checks, supplemental questionnaires, interviews, background investigations and reviews of work samples. £ In executive session, the City Council, with the professional recruiter, shall select candidates to invite for personal interviews with the City Council. g. The City Council, through the professional recruiter or other personnel, shall investigate the backgrounds of the final candidates to ensure the accuracy of application information and fitness for service. Such background investigations and information shall be conducted in confidence. The material shall be kept confidential to the extent allowed by law. h. The City Council may invite certain candidates for subsequent or final interview(s) with the City Council. i. City Council interviews with candidates shall occur in executive sessions. j. The City Council, in an open public session, shall select the candidate to be appointed city manager. k. Nothing in this procedure shall obligate the City Council to offer the position of city manager to any particular candidate, or to select any candidate or other person. Nothing in this procedure shall prevent the City Council from soliciting input, comments or other information from any person, group or the public concerning the candidates. M. The City will honor commitments of confidentiality to city manager candidates to the fullest extent possible, within the requirements of Oregon Public Meetings Law and Public Records Law. Nothing in this procedure shall create any liability of the City of Lake Oswego, its Council, officers, agents or employees for any breach of confidentiality. Page 2 of 4 — Resolution 07-80 Standards and Criteria for the City Manager The new city manager will have the ability to quickly understand the values of Lake Oswego and be comfortable working in a community accustomed to high quality municipal services and a tradition of community involvement. The city manager will be someone who: a. Has the reputation for being principled with unquestioned integrity. b. Has a successful track record as a city manager or deputy city manager with exposure to the full range of municipal services. C. Has a BS/BA degree, plus an MPA/MBA degree or the equivalent. d. Believes in open government and civic engagement, welcomes input, connects with the community and is effective in garnering public support for controversial city projects. e. Is apolitical but politically astute, with an inclusive and approachable style. f. Is visionary, progressive and able to successfully lead a strong city staff. g. Models behaviors expected throughout the city organization, including initiative, commitment to high quality work and enthusiasm for pubic service. h. Uses tact and diplomacy in conveying opinions and recommendations, and can be relied upon to give his/her best professional recommendation. i. Has a strong customer service orientation and is passionate about instilling this as a core value throughout the organization. j. Is able to assess community needs, and to elicit and effectively process community feedback. k. Enjoys the role of mentor and is committed to the continuing education of staff. 1. Employs a leadership style that invites participation and gathers input, but at the end of the day is decisive and results -oriented. in. Has a commitment to the establishment of sustainable practices. n. Ideally, will reside within the city. Page 3 of 4 — Resolution 07-80 Policy Directives The city manager shall be the full time chief administrative officer of the City. The city manager shall perform all duties as provided in the Charter and ordinances of the City of Lake Oswego, and as directed by the City Council, including, without limitation, making recommendations to the Council concerning the affairs of the City, conducting the appointment, removal, discipline and supervision of employees, handling the preparation, submission and administration of the City budget and keeping the Council advised of the financial condition and needs of the City. The city manager shall also be responsible for enforcing and administering all City laws, ordinances, policies and regulations. This Resolution shall be effective upon passage. Considered and enacted at the meeting of the Lake Oswego City Council on the 2nd day of October, 2007 AYES: NOES: EXCUSED: ABSTAIN: Judie Hammerstad, Mayor ATTEST: Robyn Christie, City Recorder APPROVED AS TO FORM: David Powell City Attorney Page 4 of 4 — Resolution 07-80 q. Page 1 of 1 Donaldson, David From: Thomas Krueger [thomas.a.krueger@comcast.net] Sent: Saturday, September 15, 2007 5:59 PM To: Donaldson, David Subject: City Manager Seletion Criteria Hi As a resident of Lake Oswego, I would say the city manager should: • Be Progressive like our past city manager • Goal Oriented • Have high-quality standards for construction, etc • Work to ensure the whole city continues with high architectural standards • That the Lake Grove Village plan gets implemented as soon as possible • Public art gets implemented in the Lake Grove district as well Thanks, Tom Krueger 10/2/2007 Page 1 of 1 Donaldson, David From: Chris Robinson [chris@ckrlaw-proptax.coml Sent: Tuesday, October 02, 2007 4:01 PM To: Donaldson, David Cc: 'Scott'; 'Tom Choquette'' wgisch@juno.com Subject: Hiring of new City Manager I have already appeared in front of City Council a couple of weeks ago on this subject when the hearing opened up for public comment. As a citizen of Lake Oswego and Chair of the Forest Highlands Neighborhood Association, I realize how important this decision is. I will just reiterate what I previously said. This person should reflect the vision of the residents of Lake Oswego and I think of the Council that include maintaining and improving the high quality of life standards that this community has become known for. Maintaining the quality of life has been challenged by infill development and some questionable decisions with regard to zoning and the comprehensive plan. The code and the comprehensive will be coming up for review soon. Maintaining character of neighborhoods and livability has been put forth by this Council as laudable goals and I agree. Density should not come at the expense of these concepts. There should be a shared vision amongst the stakeholders about what our city will look like in the future. The new city manager should have the courage to not accept the status quo and is willing to facilitate putting the shared vision into action consistent with the goals outlined above. The FHNA looks forward to providing continued input on this important decision. 10/2/2007 Pagel of 2 Donaldson, David From: Lisa Shaw -Ryan [lisashawryan@mac.com] Sent: Wednesday, September 19, 2007 1:50 PM To: Donaldson, David Subject: city manager qualities David, I know you were seeking input about the qualities citizens would like to see in the new City Manager so here are a few thoughts for what it's worth: Neighborhoods: The new city manager should utilize and advocate for neighborhood plans and associations. These folks can be a great way to communicate information as well people to seek input from for larger long term planning issues. Get plans done and use them. This also forces neighborhoods to make some tough choices and tradeoffs which could lead to a better understanding of what the city faces on a daily basis. Business': The new city manager should be pro-business in his/her decision making. With our retail business leaking 70% of our local dollars outside the community the new manager should look for ways for the city to support the local economy by pairing with DBDA, Chamber and others to develop a long term strategy to cultivate a mix of small local shops that serve citizens and keep dollars here. A strong local economy creates a better sense of community which in turn gets citizens more motivated to support bigger projects like foothills, lake grove plan, library, city hall and even a community center. Infrastructure: A "get out ahead" policy communicating to citizens long term projects necessary to keep our city running smoothly. Honesty with the citizens about projected costs and plans for "big" ticket projects .......... giving time to build support. Working with an ever changing city council to maintain consistency of these plans. Fiscal accountability, how can we get more out of what we have? What creative solutions are available to us? Customer Service: Currently the citizens are at the top of the organizational chart. The new city manager should work hard to help staff understand the importance of good relationships with the public, making sure to be friendly and polite at all times. Staff are the face of the city, if citizens have good experiences with small issues that conveys to a larger feeling of satisfaction and support of bigger projects. Generally, he/she should seek to understand our community first then act accordingly. A refreshed vision could be really helpful in light of some of the recent issues with SAFECO and the Charter Amendment. It would be great to take a step back, look inward at what we have, what we want and how we can get there. We need some clarification for citizens about the role of council/mayor and city manager and how they work together to form policy. In general an approachable, commonsense person who has some experience dealing with a community that has a major private amenity in the center. Or just draw a name from a hat........... Thanks. Lisa Shaw -Ryan lisasha man@mac.com 10/2/2007 Donaldson, David r From: Sean Owen [seanowen07@comcast.net] Sent: Friday, September 14, 2007 7:33 AM To: Donaldson, David Subject: FW: City Manager Mr. Donaldson, You have a very qualified candidate living in Lake Oswego. Chris Jordan who now works for West Linn as their city manager would be an obvious choice. Not sure about details and contracts but worth a talk. I am sure you have his information. Best Regards, Sean Owen 18406 Deer Oak Lake Oswego, OR 97035 Internal Virus Database is out-of-date. Checked by AVG Free Edition. Version: 7.1.385 / Virus Database: 268.3.0/290 - Release Date: 3/23/2006 Internal Virus Database is out-of-date. Checked by AVG Free Edition. Version: 7.1.385 / Virus Database: 268.3.0/290 - Release Date: 3/23/2006 1 Page 1 of 2 Donaldson, David From: Mark Allers [mark_allers@yahoo.com] Sent: Tuesday, September 25, 2007 11:48 AM To: Donaldson, David Cc: Hammerstad, Judie Subject: City Manager criteria... Attachments: City Manager.doc David - I attended the last city council meeting and was shocked at the lack of response specific to the hiring criteria for the new city manger. Here are some of my opinions as to the desired areas of function and focus. If you have any question, please do not hesitate to contact me at 503-705-4778. Regards, Mark City Manager Profile Desired Areas of Function & Focus: . Implement the strategic goals and objectives of the City Council . Think creatively about new business models that begin to reduce the biennium budget while offering better and more productive services (outsourcing): o Maintenance Service & Motor Pool o Parks & Recreation o Community Development . Give direction and leadership toward the achievement of the City's mission to better serve the citizens of Lake Oswego with an open door policy . Approach all projects with a ethical and fiduciary responsibility as would a CEO of a public company (risk vs reward) • Prioritize infrastructure and health/human safety above all other projects . (Re)Author the policy and procedures for the Community Development Department so that policy is consistent, fair and well defined . Implement best practices of ethics and property rights throughout all city departments . Implement a staff MBO program that is measurable and reflects the goals and objectives of the department(s) . Posses the political aptitude to maneuver the agenda of Metro to ensure the best and most desired outcome for the residents of Lake Oswego (density) . Hire well rounded employees with emphasis on in-state educations . Update and Increase the publics perception and grading of Planning & Streets (2005 Community Assessment Survey) 10/2/2007 Mp W*W 41{{iliplll FIN PON "*W NM ^�� Page 2 of 2 Who ultimately should have an influence on the selection and hiring of the new City Manager: . City Council Members . Stephan Lashbrook . David Powell . Denise Frisbee . Linda Brown (Lake Oswego School Board) Other consideration: . I think the new City Manager should have the final decision on whether the in lake sewer line is the safest and most cost effective solution for an unproven "sewer" system. . I would also recommend that Stephan Lashbrook be given a one year employment contract at the hire date of the new City Manager. This is to protect his own professional interests in the event the new city manger is hired without his support. 10/2/2007 Page 1 of 2 Donaldson, David From: Scott [scottb2527@msn.com] Sent: Tuesday, September 25, 2007 11:29 AM To: Donaldson, David Subject: City Manager Qualifications Input Importance: High Mr. Donaldson, Please accept this communication submitted in response to the request for input from citizens regarding the city manager recruitment process. I attended the September 18th CC meeting in order to support the chair of our Forest Highlands Neighborhood Association, Chris Robinson, and his presentation to council regarding the city manager search. The City Managers position is a critical one to this city and Mr. Robinson communicated some of the points we had all discussed, but the lack of additional input was disappointing to me and rather than getting up and "shooting from the hip" in front of council, I thought a note would be better. Lake Oswego is an extremely complex and challenging community that seems to generate more than its share of conflict. Our community has many successful and therefore determined and/or difficult residents. I would suggest offering a "Combat Pay" structure as used by the department of defense, but as appropriate as it may seem to us, it may scare off any potential candidates. Seriously, I am worried that our city's reputation may prevent our recruitment of the real "tier one" candidate for city manager. To prevent this, I strongly suggest that the selection process not be a free for all and that self declared groups such as LONAC not be involved.. Groups such as LONAC (as an example) simply interfere with the ability for clear and constructive cooperation between the city and its neighborhood associations. It would be very productive for the search firm to meet with each NA and their board to solicit input. Meeting with the NA's would be nearly 100% inclusive of all coalition and committee members, meeting with the NA's would solicit the community's input and prevent redundancy or any undeserved over representation of particular residents individual opinion(s). It is important to prioritize involving groups which have proven their ability to generate agreement within their own projects or they will not be able to benefit this process, and may in fact hinder it. The city staff, in the current environment, must work well together and navigate conflict effectively. I think it is very important that key executive staff be involved throughout the recruitment process to prevent attrition or loss of our experienced staff (or mind trust), whose continued presence is vital to the success of any new manager. Between now and 2040, this community will see dramatic changes. The challenge will be to balance the intangible quality of life and high degree of livability that we enjoy and value with the goals of the greater metro area. I see the fight between the greater metro areas growth plans (emanating from Portland) vs. the plan that this community has for itself as the foundation of this community's future conflict. Selecting a City Manager for LO that can navigate this conflict will require an independent thinker who is not afraid to stand up for what is best for our community even to the disappointment of others. Our City Manager is our best advocate and must always work to the greatest benefit of this community. Many of the qualities that I would list as desirable in a city manager we already have in the former assistant city manager, Stephan Lashbrook. I suggest that he be given a one year contract as the city manager so that we are able to take our time and make the correct decision. With a one year contract, Mr. Lashbrook may reconsider and put his name in the hat, which would only benefit our community by increasing the standards and expectations for any eventual candidate for City Manager of Lake Oswego. Please feel free to call me if you have any questions or comments and consider me if there is any committee assembled for this selection process. I would be happy to help as a citizen member. Respectfully, Scott 10/2/2007 Page 2 of 2 Scott Bullard 503-332-9190 _$_ott U7@m5n&gm 10/2/2007 LAKE OSWEGO CHAMBER Of COMMERCE October 2, 2007 To: Mayor Judie Hammerstad & City Council Members Re: Selection of New City Manager The Government Affairs Committee of the Lake Oswego Chamber of Commerce met at their regularly scheduled monthly meeting on September 20th. Out of that meeting came several recommendations in response to the City's request for community input as to what qualifications are felt necessary in choosing a new City Manager. With that in mind the committee offers the following recommendations: Prior positive experiences working with the business community Experience with redevelopment of multiple business areas Proven experience in administering or creating clear and consistent planning and development codes and processes Experience in serving a developing (as opposed to a mature and static) community Good communicator Consensus builder Leader, not administrator Understanding of the past yet still possessing the vision to move our community forward We strongly recommend that the City appoints a selection committee to work with Bill Avery, a committee with representatives from a cross-section of our community. We understand that confidentiality may play a big part in a decision of whether or not to employ this selection technique, but we believe that requesting each member to sign a confidentiality agreement might be an effective tool. Thank you for providing this opportunity for public input into this important process. Jerry L. Wheeler, Sr. IOM CEO 242 `B' Avenue - PO Box 368 - Lake Oswego, OR 97034 (503) 636-3634 - FAX: (503) 636-7427 - Toll Free: 1 -866 -341 -LAKE www.lake-oswego.com - email: info@lake-oswego.com City Attorney's Office Council Report TO: Judie Hammerstad, Mayor Members of the Lake Oswego City Council Stephan Lashbrook, Interim City Manager FROM: David Powell, City Attorney .W SUBJECT: Resolution 07-80 — Adopting Standards, Criteria and Policy Directives for the City Manager Position DATE: September 28, 2007 Pursuant to ORS 192.660(7)(d) the City Council may consider candidates for the city manager position in executive session if the Council has advertised the vacancy, adopted regular hiring procedures and provided an opportunity for the public to comment on the employment of the manager, and has also adopted hiring standards, criteria and policy directives in open meetings where public comment has been allowed. The public has previously had an opportunity to comment on the employment of the city manager at a public hearing on September 18, 2007. There has also been an opportunity for public input via the City's website. Attached Resolution 07-80 adopts standards, criteria and policy directives for the city manager position. The resolution also establishes hiring procedures. The standards and criteria have been taken from the profile created by William Avery & Associates, Inc., the executive search consultant hired by the City. A public hearing has been scheduled for the October 2, 2007 City Council meeting to allow public comment on the proposed standards, criteria and policy directives. RECOMMENDATION After considering public testimony, it is recommended that the City Council enact Resolution 07-80, adopting standards, criteria and policy directives for the city manager position. RESOLUTION 07-80 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL ADOPTING STANDARDS, CRITERIA AND POLICY DIRECTIVES TO BE USED IN HIRING A CITY MANAGER WHEREAS on September 18, 2007, the Lake Oswego City Council held a public hearing to provide the opportunity for comment on standards, criteria and policy directives for the hiring of a new city manager; and WHEREAS on October 2, 2007, the Lake Oswego City Council held a second public hearing in order to allow additional public input on the standards, criteria and policy directives for the hiring of a new city manager; and WHEREAS the City has also solicited public comment on the hiring of a new city manager through the city's website; and WHEREAS the City has employed William Avery & Associates, Inc., an executive search consulting firm, to solicit community input and to develop a profile that could be utilized as the standards, criteria and policy directives to be used in hiring a new city manager; IT IS HEREBY RESOLVED by the Lake Oswego City Council that the following standards, criteria and policy directives shall apply to the City's search for a new city manager: Professional Recruitment The City has employed William Avery & Associates, Inc. to recruit candidates for the position of Lake Oswego City Manager. Advertisement The City, through William Avery & Associates, Inc., shall advertise nationally for candidates for the city manager position through trade journals and personal solicitations. Procedure a. Proposals have been requested from professional recruiters to conduct an executive search process for city manager candidates. b. A professional recruiter has been employed of to recruit candidates for the city manager position. C. A brochure shall be created that presents a profile of the City, states the attributes desired for a city manager, and invites interest in the position. d. The professional recruiter shall advertise and solicit candidates for the position. This will include advertising in trade journals, professional Page 1 of 4 — Resolution 07-80 publications, and membership organizations, a mailing campaign to current city managers, internet job postings and direct contacts with potential candidates who meet the criteria and standards for the position. e. The professional recruiter shall review all applications. Based upon the recruiter's professional judgment, the professional recruiter shall establish a recommended list of finalists for the position. In doing so, the professional recruiter will utilize a combination of techniques including, but not limited to, reference checks, supplemental questionnaires, interviews, background investigations and reviews of work samples. f. In executive session, the City Council, with the professional recruiter, shall select candidates to invite for personal interviews with the City Council. g. The City Council may invite certain candidates for subsequent or final interview(s) with the City Council. h. City Council interviews with candidates shall occur in executive sessions. i. The City Council, in an open public session, shall select the candidate to be appointed city manager. j. The City Council, through the professional recruiter or other personnel, shall investigate the backgrounds of the final candidates to ensure the accuracy of application information and fitness for service. Such background investigations and information shall be conducted in confidence. The material shall be kept confidential to the extent allowed by law. k. Nothing in this procedure shall obligate the City Council to offer the position of city manager to any particular candidate, or to select any candidate or other person. 1. Nothing in this procedure shall prevent the City Council from soliciting input, comments or other information form any person, group or the public concerning the candidates. M. The City will honor commitments of confidentiality to city manager candidates to the fullest extent possible, within the requirements of Oregon Public Meetings Law and Public Records Law. Nothing in this procedure shall create any liability of the City of Lake Oswego, its Council, officers, agents or employees for any breach of confidentiality. Standards and Criteria for the City Manager The new city manager will have the ability to quickly understand the values of Lake Oswego and be comfortable working in a community accustomed to high quality Page 2 of 4 — Resolution 07-80 municipal services and a tradition of community involvement. The city manager will be someone who: a. Has a successful track record as a city manager or deputy city manager with exposure to the full range of municipal services. b. Believes in open government and civic engagement, welcomes input, connects with the community and is effective in garnering public support for controversial city projects. C. Is apolitical but politically astute, with an inclusive and approachable style. d. Has the reputation for being principled with unquestioned integrity. e. Is visionary, progressive and able to successfully lead a strong city staff. f. Models behaviors expected throughout the city organization, including initiative, commitment to high quality work and enthusiasm for pubic service. g. Uses tact and diplomacy in conveying opinions and recommendations, and can be relied upon to give his/her best professional recommendation. h. Has a strong customer service orientation and is passionate about instilling this as a core value throughout the organization. Is able to assess community needs, and to elicit and effectively process community feedback. j. Enjoys the role of mentor and is committed to the continuing education of staff. k. Employs a leadership style that invites participation and gathers input, but at the end of the day is decisive and results -oriented. Policy Directives The city manager shall be the full time chief administrative officer of the City. The city manager shall perform all duties as provided in the Charter and ordinances of the City of Lake Oswego, and as directed by the City Council, including, without limitation, making recommendations to the Council concerning the affairs of the City, conducting the appointment, removal, discipline and supervision of employees, handling the preparation, submission and administration of the City budget and keeping the Council advised of the financial condition and needs of the City. The city manager shall also be responsible for enforcing and administering all City laws, ordinances, policies and regulations. Page 3 of 4 — Resolution 07-80 This Resolution shall be effective upon passage. Considered and enacted at the meeting of the Lake Oswego City Council on the 2nd day of October, 2007 AYES: NOES: EXCUSED: ABSTAIN: Judie Hammerstad, Mayor ATTEST: Robyn Christie, City Recorder APPROVED AS TO FORM: AavidPowell City Attorney Page 4 of 4 — Resolution 07-80 CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: October 2, 2007 ?.z 10/02/07 SUBJECT: AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO, SIX PARCELS COMPRISING APPROXIMATELY 3.88 ACRES AT 4790, 4725, 4855, 4813, and 4700 UPPER DRIVE AND THE ADJACENT ROAD RIGHT OF WAY; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO LOC 50.05.025; AND REMOVING THE PARCELS FROM CERTAIN DISTRICTS (AN 07-0002). Motion: Move to adopt Ordinance 2497. ESTIMATED FISCAL IMPACT: $3,484 Estimated Yearly Property Tax Revenue STAFF COST: BUDGETED: Y N NA X FUNDING SOURCE: Finance Director approval required for items with a fiscal impact: ATTACHMENTS: Council Report dated 9/12/07 with exhibits. E1. Upper Drive Sanitary Sewer Extension Map F1. Ordinance 2497 and Map F2. Annexation Petitions and Applications NOTICED (Dates): 18/16/07, 9/27/07, 9/30/07 1 Ordinance no.: 2497 Resolution no.: NA Previous Council consideration: None DIVISION MA AGER DEPARTMENT RECTOR CIT MANAGER g /ktM �- - 717- 6 ©7 signoff/date sign ff/date signoff/date 0, LAKE OS kfCO OKEGON CITY COUNCIL PUBLIC HEARING October 2, 2007 Staff Report for AN 07-0002 CITY OF LAKE OSWEGO ANNEXATION REQUEST 4855, 4813, 4725, 4700 and 4790 Upper Drive and the adjacent road right of way (Tax Map 21E07DD Tax Lots 4300, 4200, 3800, 5000, 4801 and 4802) in �n :n cn I m & 16061 � I d I d I il Proposed Annexation to the City of Lake Oswego o m a o AN 07-0002/0rdinance 2497 N p a m 5 16732 a, � X60 ry 0 16151 _ 16158 b., 4• m P�� q 16210 �� \ N 18211.16202 $ m 8Q Pva, Q� �6% g 16250 N Caunf m rn it 7 s u' is LO u LAKE GROVE 16320/ Np uti 16.75 18:86 aHOPPINO CENTER o @awe \ fsa 1i g42�� a w ` I �6600 m q a r a a 4 , bg2 6 n m f 162, ,p N YP > W OSa�` sop a 10 F ,r + tp@g@ � `.::_: ". r a ��• ®� � 6909 r � RPtLRpAD -» + Na S� 196 q��a 42 w 168 fe RIVE o >, 9• QO �• 1fi9 /Q/yd 16931 IT16 a 170p� \"!01 1699 2 a3, LAMONT 917 - Jj NATURAL 4 > Hearing Date: 10/02/2007 �p ms's '5 Map and Lot *: 21 E07DD TL 4801, TL 4802, v� TL 3800, TL 4200, TL 4300. TL 5000 Sg • 6O City of Lake Oswepo: COMPREHENSIVE PLAN = R-7.6 Realdantlal ZONING - R-7.6 Residmalm �S 9 Clackamas County: �• J• �c? ZONING =R-6.S,RealderAlel J 4 uw a.Mepo cq umd J ap 0 1m mo am em am Imo p F" CITY OF LAKE OSWEGO COUNCIL REPORT TO: Judie Hammerstad, Mayor Members of the City Council Stephan Lashbrook, Acting City Manager FROM: Paul Espe, Associate Planner SUBJECT: Annexation to the City of Lake Oswego, five single family homes on six parcels comprising approximately 3.88 acres at 4855, 4813, 4725, 4700, and 4790 Upper Drive and the adjacent road right of way; declaring City of Lake Oswego Zoning Pursuant to LOC 50.05.025; and removing the parcels from certain districts (AN 07-0002). DATE: September 12, 2007 ACTION: Adopt Ordinance 2497 (Exhibit F-1). PLANNING COMMISSION SUMMARY: There was no Planning Commission hearing on this item and annexation applications go directly to the City Council for a final decision. BACKGROUND: The proposed annexation consists of six parcels (occupied by five single family homes) on the north and south sides of Upper Drive as shown on Exhibit F-1, Attachment A. The parcels are located in the Lake Grove Neighborhood Association. This application was initiated through a request by the property owner of 4855 Upper Drive (tax map 21 E07DD tax lot 4300) in order to facilitate future development of his parcel. The other property owners on Upper Drive responded to a letter inviting them to join the annexation. All of the property owners within the territory to be annexed have signed Measure 37 Waivers. The total area of the territory to be annexed consists of 3.88 acres and has an assessed value of $1,005,130. The territory is occupied by five single family dwellings and has seven voters (or electors) registered in Clackamas County. City Council Report Page 1 AN 07-0002, Ordinance 2497 These parcels are currently under Clackamas County's jurisdiction and are zoned Low Density Residential R-8.5. Upon annexation to the City of Lake Oswego, the zoning for the territory will be automatically changed to City Low Density R-7.5 as shown on the City's Comprehensive Plan Map. APPLICABLE CRITERIA: 1) Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations. ORS 222.111(2) Annexation of Contiguous Territory, Authority and Procedure for Annexation, Generally. ORS 222.125 Annexation by consent of all owners of land and the majority of electors. ORS 222.170 Annexation by consent of more than half of the owners of land in the territory to be annexed, who also own more than half of the land in the territory. 2) Metro Code 3.09.040(a)(1-7) Minimum Requirements for Petitions. 3.09.050 Uniform Hearing Requirements for Final Decisions. 3.09.050(b)(1-5), (d)(1-5). FINDINGS: 1. ORS 222.111(2) and 222.170 Annexation of Contiguous TerritorN,, Authoritv and Procedure for Annexation, generally. ORS 222.111(2) provides that a proposal for annexation of territory to a City may be initiated by the legislative body of the City, on its own motion, or by a petition to the legislative body of the City by owners of real property in the territory to be annexed. ORS 222.125 permits the legislative body of the City to waive holding an election on the question of annexation within the area proposed to be annexed if all of the owners of land in the territory and not less than 50 percent of the electors, if any, residing in the territory consent in writing to the annexation. All of the property owners and electors have signed the applications and petitions consenting to this annexation (Exhibit F-2). ORS 222.170 permits the same action if, more than half of the owners of land in the territory to be annexed, who also own more than half of the land in the territory give consent to the annexation. The proposed annexation complies with the statutes. 2. Metro Code 3.09.040 Minimum Requirements for Petitions. (a) A petition for a boundary change shall be deemed complete if it includes the following information: 1) The jurisdiction of the approving entity to act on the petition; City Council Report Page 2 AN 07-0002, Ordinance 2497 2) A narrative, legal and graphical description of the affected territory in the form prescribed by the Metro Executive Officer; 3) For minor boundary changes, the names and mailing addresses of all persons owning property and all electors within the affected territory as shown in the records of the tax assessor and county clerk; 4) A listing of the present providers of urban services to the affected territory; 5) A listing of the proposed providers of urban services to the affected territory following the proposed boundary change; 6) The current tax assessed value of the affected territory; and 7) Any other information required by state or local law. The above information was submitted as required by Metro Code. All of the property owners and electors have signed the applications, petitions and Measure 37 waivers. The providers of urban services include Lake Grove Fire District, Lake Grove Water District, Clackamas County Enhanced Sheriff's Patrol District, Surface Water Management Agency of Clackamas County, Lake Grove Park District and Tri -Met. Upon annexation, the City of Lake Oswego will provide police and fire services as well as storm water services. The Lake Grove Water District will provide water service and the City of Lake Oswego will provide sanitary sewer to the site. The current total assessed value of the territory to be annexed is $1,005,130. 3.09.050 Uniform Hearing and Decision Requirements for Final Decisions Other Than Expedited Decisions. (b) Not later than 15 days prior to the date set for a boundary change decision, the approving entity shall make available to the public a report that addresses the criteria in subsection (d) below, that includes at a minimum, the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra -territorial extensions of service; The subject territory is located within the Urban Growth Boundary and the City's Urban Services Boundary. The Metro Code, 3.09.020 defines urban services as including sanitary sewers, water, fire protection, parks, open space, recreation, streets, roads, surface water and mass transit. Water: The territory is served by the Lake Grove Water District. There is a four - inch and a six-inch waterline in Upper Drive. The four -inch line was constructed prior to the six-inch line and continues to function as a connector that loops two separate water systems on either side of Upper Drive. A six-inch line was recently constructed to augment the four -inch line when the four -inch line was City Council Report Page 3 AN 07-0002, Ordinance 2497 found to be inadequate. Future development in the Upper Drive area may connect to the new six-inch water line. The City of Lake Oswego has entered into an agreement with the Lake Grove Water District on June 7, 1994 for water services. The City and the District agreed to construct an interconnection between the two water systems and that the City will furnish and sell surplus water to the District under certain conditions and set rates for District purchase of City water. The City Council also adopted a resolution in 1994 (Resolution 94-22) indicating that the City would not withdraw parcels from the District upon annexation. The territory will not be withdrawn �- from the Lake Oswego Water District upon annexation. Fire: Lake Grove Fire District #57 provides fire protection services to the subject parcels by agreement with the City of Lake Oswego. Upon annexation, the territory will be withdrawn from this fire district and will be served directly by the City. The Jean Road Fire station located south of the territory to be annexed would be able to respond to emergencies under the eight minute goal as established in the Comprehensive Plan. There are hydrants located at the northwest corner of Upper Drive and Bryant Road, in front of 4747 Upper Drive, between 4800 and 4850 Upper Drive, between 4850 and 4900 Upper Drive, in front of 16722 Upper Drive and in front of 5003 Upper Drive. Sanitary Sewer: The sewer will be constructed inside and outside the City Limits. Work is currently underway to acquire the necessary utility easements adjacent to the railroad right of way and for sewer construction. There is no public sewer in the immediate vicinity of this territory at this time. However, the City of Lake Oswego has awarded a contract to extend the sewer into this territory and construction is expected to be completed in November or December of 2007. This project is identified in the Capital Improvement Plan (CIP) and will extend approximately 2,700 lineal feet of sanitary sewer line along the south side of Upper Drive to serve 37 properties located along Upper Drive (Exhibit E-1). Future connections to the sewer will be subject to paying a "line charge" as a condition of receiving a connection permit. Under the present fee schedule, the line charge is $16,420. The line charge is subject to annual review and adjustment to reflect actual construction costs, as reflected in the Engineering News Record Construction Cost Index as published in November of the preceding year. City Council Report Page 4 AN 07-0002, Ordinance 2497 Surface Water Mana eg ment: The lots on the north side of Upper Drive are relatively flat, and those on the south side of Upper Drive slope southerly towards the railroad tracks. There are no creeks, storm drains or drainage ditches in the immediate area. No public storm drain improvements are identified in the Public Facilities Plan. Future development will therefore be required to manage site generated runoff on site, presumably in engineered subsurface disposal systems. Individual drainage systems may be required on each lot for roof runoff, and infiltration trenches along the sides of the roadway. The engineering staff will need to review and consider any street drainage systems needed for future development. Pervious pavement systems should also be considered for driveways and access roads as a part of any future development plans in this territory. Currently, the territory is under the jurisdiction of the Surface Water Management Agency of Clackamas County (SWMACC). Upon annexation, the territory will be withdrawn from SWMACC and will be subject to the City's storm water management regulations. Police: The parcels are currently served by the Clackamas County Sheriff s Department. Upon annexation, the site will be withdrawn from the Clackamas County Enhanced Sheriff s Patrol District and will be served by the City of Lake Oswego. The police department has reviewed the proposal and found it to be in compliance with applicable regulations and did not indicate that they would have any problems serving this area. Parks: The City currently has 675 acres of park and open space lands, or 19.76 acres per 1,000 population. East and West Waluga Parks are located north of the subject parcels. These two parks total 53.2 acres, and are located west of Waluga Drive and south of Carman Drive. Amenities include a playground, picnic tables and covered picnic shelters, restrooms, trails, paths and natural wildlife viewing areas. The City's park system is able to absorb any additional population generated by this annexation approval. Lake Grove Park District: These parcels are located within the Lake Grove Park District. This district funds the operation of the Lake Grove Swim Park located at 3800 Lakeview Boulevard, which is managed by the Lake Oswego School District. The swim park is approximately 1.3 acres in size with restrooms, play and swim facilities. These parcels will remain within the Lake Grove Park District following annexation. City Council Report Page 5 AN 07-0002, Ordinance 2497 Transportation - Streets and Mass Transit: Clackamas County has jurisdictional authority over Upper Drive between Bryant Road and Boones Ferry Road (County Road Maintenance #21199). This roadway section will be annexed to the City. Upper Drive is a two-lane 20 -foot wide asphalt paved street with a 40 -foot right of way and no curbs or sidewalk. The City has not assigned a functional classification to the section of Upper Drive outside of the City; however, the sections of Upper Drive to the east and west of this territory that are inside the City are designated as a Neighborhood Collector. This section of Upper Drive would also be classified as a Neighborhood Collector once this section of roadway is annexed. The City's Transportation System Plan (TSP) does not identify any roadway, pedestrian or bicycle improvements for Upper Drive. However, for a pre - application conference conducted in December 2006 (PA 06-115) for a four -lot subdivision at 4855 Upper Drive, the engineering staff identified likely required street improvements. These improvements included: pavement widening to achieve a minimum ten -foot travel lane, a three-foot wide gravel shoulder, and a five-foot wide asphalt pathway separated from the roadway by a landscaped planting strip. If the existing roadway does not meet City standards for pavement and road bed thickness, a half street reconstruction will be required. The closest bus stop is located at the intersection of Upper Drive and Boones Ferry Road. The area is served by TriMet bus Line 37, which currently operates along Boones Ferry Road to the north, and Line 38, which operates along Kruse Way to the north. Line 37 provides service between downtown Lake Oswego and Tualatin, and Line 38 provides service between downtown Portland and Tualatin. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; The City has entered into four ORS 195.065 agreements: 1) Clackamas County (for roadways) 2) Lake Oswego School District, 3) Lake Grove Fire District, and 4) The Southwood Park Water District. Three of these agreements are applicable to this annexation application. A. Clackamas County Agreement: The City and Clackamas County entered into an ORS 195.065 urban service agreement for roads in July 2003. The agreement states that the City shall initiate proceedings for the transfer of jurisdiction and maintenance to the City of all County roads within annexed areas. City Council Report Page 6 AN 07-0002, Ordinance 2497 B. Lake Oswego School District / Lake Grove Swim Park: The City and the Lake Oswego School District entered into an ORS 195.065 Urban Service Agreement for park services in July, 2003. The School District operates the Lake Grove Swim Park located at 3800 Lakeview Boulevard. The agreement states that the annexation of territory within the Lake Grove Park District by the City shall not cause the withdrawal of the territory from the area benefited by the operation of the Lake Grove Swim Park. C. Lake Grove Fire District #57: The City and District entered into an ORS 195.065 Urban Service Agreement for fire protection in July, 2003. The agreement states that upon annexation of territory within the District by the City, the annexed territory shall be withdrawn from the District and the City shall provide fire protection services. (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties. Consistency of the proposed boundary change with comprehensive plan policies is discussed in section (d)(3), below. The City's Public Facilities Plan (PFP) does not identify any water, storm water or transportation projects in this area. There are no regional framework plans or regional urban growth goals or objectives that are directly applicable to this annexation. Compliance with urban planning agreements and other agreements with necessary parties is discussed in section (d)(2), below. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and, The territory proposed for annexation will, by operation of ORS 222.520, be withdrawn from the Lake Grove Fire District #57, the Clackamas County Enhanced Sheriff s Patrol District, and the Surface Water Management Agency of Clackamas County upon approval of the annexation. City Council Report Page 7 AN 07-0002, Ordinance 2497 (5) The proposed effective date of the decision: The proposed effective date of the decision is outlined in the final section of this report. (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: (1) Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; ORS 195.065 agreements are discussed under Metro Code Section 3.09.050(b)(2). (2) Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The Metro Code defines necessary party as "a county, City or district whose jurisdictional boundary or adopted urban service area includes any part of the affected territory, or who provides any urban service to any portion of the affected territory." The list of necessary parties for the proposed annexation includes: Clackamas County Clackamas County Enhanced Sheriff's Patrol District Lake Grove Water District Lake Grove Fire District Lake Grove Park District Surface Water Management Agency of Clackamas County Tri -Metropolitan Transportation District Clackamas County Urban Growth Management Agreement/City of Lake Osweco The City currently has an urban planning agreement with Clackamas County. This agreement ensures coordination and consistency between the City and County comprehensive plans and outlines responsibilities in providing services and managing growth within the Dual Interest Area. The two following subsections are applicable to annexations. 46. City and County Notice and Coordination: The City shall provide notification to the County, and an opportunity to participate, review and comment, at least 35 days prior to the first public hearing on all proposed public facilities plans, legislative changes to the City Comprehensive Plan, or quasi-judicial land use actions adjacent to or in close proximity to unincorporated areas. The City shall provide notice to the County of private or City initiated City Council Report Page 8 AN 07-0002, Ordinance 2497 annexation requests within five days of the filing of an application with the Portland Metropolitan Boundary Commission." This policy specifies that the City notify the County of an annexation request within five days of when it is submitted to the Boundary Commission. There is no longer a Boundary Commission for the Portland Metropolitan area. Staff relies on the notice requirements of Metro Code 3.09.030, which requires notice 45 days prior to the scheduled hearing for an annexation for all necessary parties (other governmental entities), unless a shorter time is agreed upon. The County is a necessary party under the Metro Code definition and, therefore, has been notified. 447. City Annexations A. The City may undertake annexations in the manner provided for by law within the Dual Interest Area. The City annexation proposals shall include adjacent road right-of-way to property proposed for annexation. The County shall not oppose such annexations. B. Upon annexation, the City shall assume jurisdiction of the County roads and local access roads pursuant to a separate road transfer agreement between the City and County." The City and Clackamas County entered into an ORS 195.065 urban service agreement for roads in July 2003. The agreement states that the City shall initiate proceedings for the transfer of jurisdiction and maintenance to the City of all County roads within annexed areas. (3) Consistency with specific directly applicable standards or criteria for boundary changes contained in the comprehensive land use plans and public facility plans; a) Comprehensive Plan Map. The subject parcels are currently designated Low Density Residential on Clackamas County's Comprehensive Plan Map and have a County zoning designation of R-8.5. The City's Comprehensive Plan Map designates the parcels as Low Density Residential R-7.5. Pursuant to the Lake Oswego Community Development Code Section 50.05.025, upon annexation, a City zone of R-7.5 will be automatically applied to the territory. The City and County have coordinated their comprehensive plans within the "Dual Interest Area" outlined in the City/County Urban Growth Management Agreement (dated February 4, 1992 and updated November 18, 1997), hence the City/County designations have been determined City Council Report Page 9 AN 07-0002, Ordinance 2497 to be compatible. Therefore, this annexation is compatible with the City's Comprehensive Plan Map. b) Comprehensive Plan Policies: Goal 14, Urbanization: Policy 10: 10. The Urban Services Boundary is Lake Oswego's ultimate growth area within which the City shall be the eventual provider of the full range of urban services. The territory to be annexed is within the City's Urban Services Boundary as outlined in the Comprehensive Plan. City services are available or can be made available to the territory. The annexation is consistent with this policy. Policy 13: 13. Ensure that annexation of new territory or expansion of Lake Oswego's Urban Service Boundary does not: a) Detract from the City's ability to provide services to existing City residents; and, The approval of this annexation will result in the addition of 3.88 acres to be served by the City. Police: The addition of these additional residents to the existing population of more than 35,000 will not detract from the City's ability to provide police protection to the existing City residents. Fire: These parcels are within the eight -minute response time of the Jean Road Fire Station as specified in the Comprehensive Plan. The potential addition of this territory to the City will not detract from the Fire Department's ability to provide fire protection to existing City residents. Parks: The City currently has 675 acres of park and open space lands, or 19.76 acres per 1,000 population. East and West Waluga Parks are located northwest of the subject site. These parks are 53.2 acres, and are located west of Waluga Drive and south of Carman Drive. Amenities include a playground, picnic tables and covered picnic shelters, restrooms, trails, paths and natural wildlife viewing areas. The City's park system is able to absorb any additional population generated by this annexation approval. Recreation: The City has many recreation programs available to youth and adults. The potential addition of these parcels would not affect the recreation programs because the increased usage would result in additional City Council Report Page 10 AN 07-0002, Ordinance 2497 revenue to address any greater demand. The addition of residents within this territory to the existing population of more than 35,000 residents would not detract from the City's ability to provide adequate recreation programs. Sewer: Sanitary Sewer is currently not available in Upper Drive. However, the city is in the process of extending the sewer service to this area. Service is scheduled to be available by December of 2007. The extension of this service will not detract from the city's ability to provide service to the existing city residents. Water: The Lake Grove Water District has not indicated that the proposed annexation would degrade their ability to provide water services to existing City residents. b) Result in property owners paying for urban services which do not benefit their property: This policy ensures that existing City property owners do not subsidize newly annexed areas in the provision of urban services. The City has established systems development charges, and imposes rates that result in payment by users for different City services such as sewer, water, and transportation systems. Therefore, existing property owners will not pay for urban services that do not benefit their property. Policy 14: 14. Prior to the annexation of non -island property, the City shall ensure urban services are available and adequate to serve the subject property or will be made available in a timely manner by the City or a developer commensurate with the scale of the proposed development. Urban services consist of water, sanitary sewer, surface water management, police and fire protection, parks, and transportation including: streets, transit, pedestrian and bicycle facilities. Community Development Code Section 50.64.015 requires that all development be provided with the following utility services: sanitary sewer, water, sidewalks, pedestrian and bicycle paths, traffic control signs and devices, street lights, streets, and TV cable. These utilities are now in place or can be put in place to serve the subject parcels. In the event that future development occurs, an applicant for development is obligated to construct all necessary public facilities to serve their development. [Community Development Code 50.87.020, see also discussion of consistency with Public Facilities Plan (Section 2, Metro Code 3.09.050 above) and discussion regarding effect on service of existing City residents (Section 2, Goal 14, Policy 13) for current impacts and planned improvements.] City Council Report Page 11 AN 07-0002, Ordinance 2497 As noted above, police and fire services are available upon annexation. The amount of protection provided will be similar to protection provided to other City residents because the proposed annexation area is not isolated from other areas of the City. (4) Consistency with specific standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan. There are no Regional Framework Plan or Functional Plan criteria or standards applicable to annexations at this time. (5) Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services. Due to the proximity of the subject parcels to existing urban services, this annexation will promote the timely, orderly and economical extension of public facilities and services. CONCLUSION: Staff concludes that the proposed annexation complies with all applicable State statutes and Metro code requirements. RECOMMENDATION: Staff recommends approval of AN 07-0002. EFFECTIVE DATE: a. Effective Date of Decision to Annex. Pursuant to Metro Code 3.09.0500), the effective date of this annexation decision shall be immediately upon adoption, unless a governmental entity that qualifies as a "necessary party" under Metro Code 3.09.0200) has contested this annexation, in which event this annexation decision shall be effective on the 101h day following the mailing of the ordinance by the City Recorder to Metro and to all necessary parties who appeared in this proceeding. b. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter, Section 34, the ordinance shall be effective on the 30th day after its enactment. C. Effective Date of Annexation. Following the filing of the annexation records with the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the later of: 1. the 30th day following the date of adoption of this ordinance; or City Council Report Page 12 AN 07-0002, Ordinance 2497 2. the date of filing of the annexation records with the Secretary of State; provided however that pursuant to ORS 222.040(2), if the effective date of the annexation as established above is a date that is within 90 days of a biennial primary or general election or after the deadline for filing notice of election before any other election held by any City, district or other municipal corporation involved in the area to be annexed, then the effective date of the annexation shall be delayed until, and the annexation shall become effective on, the day after the election. EXHIBITS: A. Notice of Appeal [No current exhibits; reserved for hearing use] B. Findings and Conclusion [No current exhibits; reserved for hearing use] C. Minutes [No current exhibits; reserved for hearing use] D. Staff Report [No current exhibits; reserved for hearing use] E. Graphic Materials E-1. Upper Drive Sanitary Sewer Plan F. Written Materials F-1. Ordinance 2497 and Map F-2. Annexation Petitions and Applications G. Letters -None City Council Report Page 13 AN 07-0002, Ordinance 2497 N N N Nn n I ° lob a- J ;, A - Upper Drive Sanitary Sewer Extension 6, No � o N Ordinance 2497 AN 07-0002 O O c O ? ° ND cn 0r0 16132 9� 0 o z` 16161 OP v O1 �6 ,60 7 16158 L4 N o, � Q o ' rn L4 A OD `'s O O 16210 a N o16200 16250 w o W 00 16211 16202 0 0 6 y C 0 N j N N COUNTY 0)A ro , o o A a LO j, 0LAKE GROVE 16320 A N� Ln L4 w u c00i+ °D 16275 N SHOPPING (A 00 N 16286 �m1 �CENTER v� NLA J Q6 9P�F 'm � cp W ao w o oN t a A� 00o L4 co co Aw to 3F, °w ' 16400 w`cjE yr o rn o OD o a �� p6�`' '61 $ 5O�8 _ `Ss �S 1 I N� 16g6 Z ? cr .Ni 0 o ,ssp 6sNE� 1bQ�� } A u` 66� o 61.1 [ V 00 m o w N 669 OSW�GO IQ o r a o 9 ' �6 cJ L" c^ Lnto O 00 N 1662 u o o Or - 6 r rn N n 0,Cl o 1bb5GO a � 6,,2 N Ul rp NJ" u` >i rn a ON O W N OtT r S0° o o X80 I-�'7D cn icon O 1b6 $b 'i P X� 11O cr $ a LT! O N O v �� v �� d Y o p N p �U 02 v ,qs o Ab14 800 5 A 7c'A '6858 D vi N sp �rn 1166 60 � x -61 w We A- rt 'o wEsjE IP o N N ��'� � aye 1x842 o o J G �p0� O 16868 692 o ati�' °61 ��,P 0) 1 884 1684 16 0q m, � 00 to P 16989 rrj A6 . 169Z' - Fj P 1�p01 1101 1690 .r `'s 0s LAMONT 91 EXHIBIT E-1 4729 x� >> SPRINGS NATURAL AREA � A A �9 A A6 Lake Oswego rr, O City Limits A 0 p> 00 Subject ' TRIUMPHANT K Properties N A� 6! O�� roti LUTHERAN P� l 1k 0 CHURCH Sanitary Sewer �6 1ae �Oy Extenslon r ' M 4724 0 p6'O0 a�° OT 17257 0 tK v Q� 0 100 200 400 600 0 6 17297 Feet ORDINANCE NO. 2497 AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO, SIX PARCELS COMPRISING APPROXIMATELY 3.88 ACRES AT 4855, 4813, 4725, 4700, AND 4790 UPPER DRIVE AND THE ADJACENT ROAD RIGHT OF WAY; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO LOC 50.05.025; AND REMOVING THE PARCELS FROM CERTAIN DISTRICTS (AN 07-0002). WHEREAS, annexation to the City of Lake Oswego of the territory shown in the map in Attachment A and described below, would constitute a contiguous boundary change under ORS 222.111, initiated by petition from the property owner as outlined in ORS 222.111(2); and, WHEREAS, the City has received consent for the proposed annexation from 100 percent of the owners of land and 100 percent of the electors in the territory; and, WHEREAS, the part of the territory that lies within the Lake Grove Fire District #57 would, by operation of ORS 222.520, be withdrawn from that district immediately upon approval of the annexation; and, WHEREAS, the part of the territory that lies within the Clackamas County Enhanced Sheriff's Patrol District would, by operation of ORS 222.520, be withdrawn from the district upon approval of the annexation; and, WHEREAS, the part of the territory that lies within the Surface Water Management Agency of Clackamas County would, by operation of ORS 222.520, be withdrawn from that agency immediately upon approval of the annexation; and, WHEREAS, LOC Section 50.05.025 specifies that where the Comprehensive Plan Map requires a specific Zoning Map designation to be placed on the territory annexed to the City, such a zoning designation shall automatically be imposed on territory as of the effective date of the annexation; and, WHEREAS, the staff report, dated September 12, 2007 which addresses applicable criteria, is hereby incorporated; and, WHEREAS, this annexation is consistent with Chapter 14 (Urbanization) of the City of Lake Oswego's acknowledged Comprehensive Plan and Metro Code Sections 3.09.050(b) and (d). EXHIBIT F-1 Ordinance No. 2497, AN 07-0002 Annexation of six parcels (21 E07DD 3800, 4100, 4200, 4300, 4801 and 4802) Now, therefore, The City of Lake Oswego ordains as follows: Section 1. Legal Description of Property to be Annexed: The real property described as follows is hereby annexed to the City of Lake Oswego: A tract of land located in the southeast quarter of Section 7, Township 2 South, Range 1 East of the Willamette Meridian, Clackamas County, Oregon; more particularly described as follows: Beginning at the northeast corner of Lot 17, Bryant Acres (Plat #0383); thence along the east line of said Lot 17, and projection thereof, South 19° 24' East, 305.40 feet to a point on the south right of way line of Upper Drive, said point also being on the east line of Lot 27, Bryant Acres; thence southwesterly along said south right of way line of Upper Drive, 157.92 feet to a point on the east line of Lot 28, Bryant Acres; thence along the said east line of Lot 28, South 17° 59' East, 275.40 feet to the southeast corner of said Lot 28, said point also being on the north line of the Southern Pacific Railroad right of way, said point also being the southeasterly corner of a tract of land described in Clackamas County Deed No. 96-039829, Grantees being Ronald C. Fitzgerald and Mary D. Fitzgerald, Trustees of the Fitzgerald Family Trust; thence along said railroad right of way, South 72° 01' West, 75.00 feet to the southwest corner of said Fitzgerald tract; thence along the west line of said Fitzgerald tract, North 17° 59' West, 275.40 feet to a point on the south right of way line of Upper Drive; thence along said south right of way line of Upper Drive, South 72° 01' West, 75.00 feet to a point on the east line of Lot 29, Bryant Acres; thence along said east line of said Lot 29, South 17° 59' East, 275.40 feet to the southeast corner of said Lot 29, said point also being on the north line of the Southern Pacific Railroad right of way, said point also being the southeasterly corner of a tract of land described in Clackamas County Deed No. 2004-061596, Grantees being Robert R. Able and Cari M. Able; thence along said railroad right of way, South 72° 01' West, 150.00 feet to the southwest corner of said Lot 29, said point also being the southwest corner of said Able tract; thence along the west line of said Able tract, North 170 59' West 130.00 feet to the southerly northwest corner of said Able tract; Ordinance No. 2497, AN 07-0002 Page Annexation of six parcels (21 E07DD 3800, 4100, 4200, 4300, 4801 and 4802) thence along the boundary of said Able tract, North 72° 01' East, 95.00 feet to a point 55.00 feet southwesterly from the east line of said Lot 29, when measured perpendicularly; thence along the west line of said Able tract, parallel with and 55.00 feet offset to the southwest from said east line of Lot 29, North 170 59' West, 145.40 feet to the south right of way line of Upper Drive; thence along said south right of way line, South 72° 01' West, 738.20 feet to a point on the west line of Lot 34, Bryant Acres; thence along said west line of Lot 34, North 17° 59' West, 15.00 feet to the centerline of Upper Drive; thence along the centerline of Upper Drive, North 72° 01' East, 173.20 feet to the southwest corner of Lot 12, Bryant Acres; thence along the west line of said Lot 12, North 17° 59' West, 15.00 feet to a point on the north right of way line of Upper Drive; thence along said north right of way line, North 72° 0l' East, 320.00 feet to a point on the west line of Lot 14, Bryant Acres; thence along said west line of Lot 14, North 17° 59' West, 275.40 feet the northwest corner of said Lot 14; thence along the north line of Lots 14 and 15, Bryant Acres, North 72° 01' East, 225.00 feet to the northwest corner of a tract of land described in Clackamas County Deed No. 85-45534, Grantees being Daniel S. Fulton and Beth A. Marcott-Fulton; thence along the east line of said Fulton tract, parallel with and 75.00 offset to the northeast from the west line of said Lot 15, South 17° 59' East, 275.40 feet to a point on the north right of way line of Upper Drive; thence along said north right of way line, North 72° 01' East, 225.00 feet to a point on the west line of Lot 17, Bryant Acres; thence along said west line of Lot 17, North 17° 59' West, 275.40 feet to the northwest corner of said Lot 17; thence northeasterly along the north line of said Lot 17, 143.57 feet to the point of beginning. Ordinance No. 2497, AN 07-0002 I,a,-c , Annexation of six parcels (21 E07DD 3800, 4100, 4200, 4300, 4801 and 4802) Section 2. District Retention: The annexed area lies wholly within the following districts and shall be retained within these districts upon the effective date of annexation: Lake Grove Park District Lake Grove Water District Section 3. District Withdrawal: The annexed area lies within the following districts and shall be withdrawn from these districts upon the effective date of annexation: Lake Grove Fire District #57 Clackamas County Enhanced Sheriff's Patrol District Surface Water Management Agency of Clackamas County Section 4. Zoning Designation: In accordance with Community Development Code Section 50.05.025, the City zoning of R-7.5 shall be applied to the annexed area immediately upon the effective date of annexation. Section 5. Neijzhborhood Association Designation: In accordance with Goal I of the City's Comprehensive Plan these parcels shall become a part of the Lake Grove Neighborhood Association immediately upon the effective date of annexation. Section 6. Adoption of Findings and Conclusions: The City Council hereby adopts the findings of facts and conclusions set forth in the September 12 staff report in support of this annexation ordinance. Section 7. Effective Dates: a. Effective Date of Decision to Annex: Pursuant to Metro Code 3.09.050(1), the effective date of this annexation decision shall be immediately upon adoption, unless a governmental entity that qualifies as a "necessary party" under Metro Code 3.09.0200) has contested this annexation, in which event this annexation decision shall be effective on the IOth day following the mailing of this ordinance by the City Recorder to Metro and to all necessary parties who appeared in this proceeding. b. Effective Date of Annexation Ordinance: Pursuant to Lake Oswego City Charter, Section 34, this ordinance shall be effective on the 30th day after its enactment. C. Effective Date of Annexation: Following the filing of the annexation records with the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the later of either: 1. the 30th day following the date of adoption of this ordinance; or 2. the date of filing of the annexation records with the Secretary of State. Ordinance No. 2497, AN 07-0002 l,age 4 Annexation of six parcels (21 E07DD 3800, 4100, 4200, 4300, 4801 and 4802) Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as established above is a date that is within 90 days of a biennial primary or general election or after the deadline for filing notice of election before any other election held by any city, district or other municipal corporation involved in the area to be annexed, then the effective date of the annexation shall be delayed until, and the annexation shall become effective on, the day after the election. Section 8. Mailing Copies of this Ordinance; Metro Notice. Within 30 days following the date of adoption: a. The City Recorder is hereby directed to mail a copy of this ordinance to al l persons and governmental entities that appeared at the public hearing and requested a copy of the ordinance following adoption. b. The City Recorder shall mail a copy of this ordinance together with the applicable mapping and notice fee charged by Metro pursuant to Metro Code 3.09.110, to Metro Data Resource Center, 600 NE Grand Ave., Portland, OR 97232. Read by title only and enacted at the regular meeting of the City Council of the City of Lake Oswego held on day of , 2007. AYES: NOES: ABSTAIN: EXCUSED: Judie Hammerstad, Mayor Dated: ATTEST: Robyn Christie, City Recorder APPROVED AS TO FO1: David D. Powell, City Attorney Ordinance No. 2497, AN 07-0002 1,aec i Annexation of six parcels (21 E07DD 3800, 4100, 4200, 4300, 4801 and 4802) Annexation to the City of Lake OswegoCn ti o CD AN 07-0002/Ordinance 2497 N �� O a L O v� S 16132 �j �, � � � 0 6p2 0 16161 Op o a avgJ �16p92 16158 �J N m s�Q a o m O 16210 A P�ly r \ 3� 4d 616250 a 209 16211 16202 0COUNly 1 S A o W LO �o 1A0= GROVE 16320 +z• a cn N16275 16286SHOPPING a -, CENTER �Q �, �� r T, Oo W O N A -11 A'F� w �P GD .A o o ,� L4 m ��p 16400 Q1 O W 150 C° 6R hr �O O �0�8 J T�Sa r30 161 L 16x1 cv �.� u^ a� o � O Ln 19 1 6 U1 j cE C J Cn01 NJ 76 O _ 19 7 U Q 16626 110, cyN La 1674 N O U IT p Z. o z � S cfl n 01 �I�R�S Ea9 . a 1 NOrns 11�$ Y v� w & 690 D O O p61x� 16668 i � p 15989 z' z' ��i 16937 W w 16 4 r CP 17pp1 1 01 �6gg �`'� '� >°s LAMONT ; -- 4719 SPRINGS ATTACHMENT A 71 NATURAL (AN 07-000210RDINANCE 2497) Roti �� Effective Date: 11/02/2007 Map and Lot#: 21E07DD TL 4801, TL 4802, ° TL 3800, TL 4200, TL 4300, TL 5000 � �o City of Lake Oswego: Q� 02 COMPREHENSIVE PLAN = R-7,5 Residential l 'o ZONING = R-7.5 Residential Clackamas County: X14 ZONING = R-8.5, Reeldenttal \ ��! Sub)W / \ r ® Lake Oswego � �O° R PpMpWt1 lopertlea City Limb 0 100 200 400 e00 am 1000 Fe v. r st CITY OF LAKE OSWEGO COMMUNITY DEVELOP '-;APPLICATION FOR �? PLANNING DIVISION �w' 380 A Avenue P.O. BOX 369MAY « 2 2RB7 ANNEXATION Lake Oswegogo,, OR 97034 PHONE: (503) 635-0290 CITY OF LAKE QSWi"GO FILE NAME: SUBMIT: REVIEW: RESUBMIT: REVIEW: FILE NUMBER(S): h 4 ! HEARING DATE: CITY FEE RECEIVED: $ METRO FEE RECEIVED: $ CHECK #: NEIGHBORHOOD ASSN.: RECEIPT #: CHECKLIST: ❑ Legal Description ❑ Title Report COMPLETENESS DATE: ❑ Assessor's Map ❑;Petition ❑ Fees (City and Metro) ❑ Waiver ❑ Delineation of Natural Resources (if required) ❑ Resolution 04-38 given to Applicant on PRINT OR TYPE ALL INFORMATION BELOW APPLICANT M I ISP MAII Mr. AnnPP:SS Ff1R HFA RIAI(] 1,W)TIM(`ATirw oil date) II PROPERTY OWNER ❑ (ADDITIONAL OWNFR-SFF PA( -,P 91 I YOUR NAME PHONE # BUSINESS AME VJ I FAX #/ (03— �1 , AD RESS�� � I SUITE CITY /t r,, �,.��p� D "- A CqJ� l "enQ`I STATE ZIP E-MAIL rWRESS SIGNATURE (q)RIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPERTY OWNER ❑ (ADDITIONAL OWNFR-SFF PA( -,P 91 I YOUR NAME PHONE # BUSINESS NAME FAX # ADDRESS SUITE CITY STATE ZIP E-MAIL ADDRESS SIGNATURE (ORIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego EXHIBIT F-2 Revised: 04/07/05 ATTACH ANNEXATION PETITION AND LEGAL DESCRIPTION FROM DEED ADDITIONAL PROPERTY OWNER ❑ IF MORE THAN ONE OWNER �- 1�03 YOUR NAME PHONE # BUSINESS NAM FAX # ,Y ✓ ADDRESS � SUITE CITY1 STATE ZIP Ca _0 E-MAIL ADDaES SIG TU E (OFIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPERTY/ZONING DATA Address4-70o UI � 12w(f, L l i6 Location Description MAP & TAX LOT (DO NOT USE (list one per line) LOT & BLOCK) SITE ACRES ZONING/PROPERTY INFORMATION EXISTING COUNTY ZONING DESIGNATION CITY COMPREHENSIVE PLAN DESIGNATION CURRENT ASSESSED VALUE TOTAL EXISTING POPULATION -l��D�o - 4So18 TOTAL OF PARCEL AREAS: ACRES 7� SQ. FT. RIGHTS-OF-WAY TO BE INCLUDED: REASON FOR �� ANNEXATION: �1 1 DESCRIBE NUMBER AND TYPES OF STRUCTURES ON THE PARCEL(S) (USE TAX LOTS AS REFERENCE): EXISTING USE OFAREA TO BE ANNEXED: ^ qC PROPOSED USE OF AREA TO BE ANNEXED: DESCRIBE SURROUNDING LAND USES (USE TAX LOTS AS REFERENCE) NORTH — V4 L � otf,7� SOUTH —� EAST— WEST— Revised: 04/07/05 v � � p o � c. x u F'' CC u O x C bL L � O c� a wQ W ° o W U_ a: QI z R , c ov i CITY OF LAKE OSWEGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 380 A Avenue P.O. BOX 369 Lake Oswego, OR 97034 PHONE: (503) 635-0290 FILE NAME: SUBMIT: RESUBMIT: APPLICATION FOR ANNEXATION REVIEW: REVIEW: FILE NUMBER(S): /�N 07-060)-- HEARING DATE.- CITY ATE:CITY FEE RECEIVED: $ METRO FEE RECEIVED: $ CHECK #: NEIGHBORHOOD ASSN.: Z /cc CHECKLIST: [/Legal Description [Z"Title Report COMPLETENESS DATE.- RECEIPT ATE: RECEIPT #: ❑Assessor's Map ❑'Petition ❑ Fees (City and Metro) ❑ Waiver M ❑ Delineation of Natural Resources (if required) Resolution 04-38 given to Applicant on S i s — a 7 PRINT OR TYPE ALL INFORMATION BELOW APPLICANT ❑ 1 1S MAII INC; AnnRFCC FnR NFARwG K1nT1C1(`ATIn AI Allen Burge (503)699-9507 4725 Upper Drive PHONE # Lake Oswego, Oregon 97035 FAX # ADDRESS SUITE burge5@comcast.net E = E� 2 SIG ATURE (ORIGINAL REQUIRED) DATE Note I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPERTY OWNER ❑ (ADDITinNAI nVVNFR-SFF PACE 9� date) Kathryn Burge (503)699-9507 4725 Upper Drive PHONE # Lake Oswego, Oregon 97035 FAX # ADDRESS SUITE CITY STATE ZIP E-MAIL AD[� ESS \� S, Z3 SIGNATURE (Q,RIGINAL REQUIRED) DATE Note: I consent an on-site inspection by an employee(s) of the City of Lake Oswego Revised: 04/07/05 ATTACH ANNEXATION PETITION AND LEGAL DESCRIPTION FROM DEED ADDITIONAL PROPERTY OWNER ❑ IF MORE THAN ONE OWNER PROPERTY/ZONING DATA 4725 Upper Drive. Currently zoned as County R8.5 Address Location Description MAP & TAX LOT (list one per line) (DO NOT USE LOT & BLOCK) YOUR NAME PHONE # BUSINESS NAME FAX # ADDRESS SUITE CITY STATE ZIP E-MAIL ADDRESS SIGNATURE (ORIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPERTY/ZONING DATA 4725 Upper Drive. Currently zoned as County R8.5 Address Location Description MAP & TAX LOT (list one per line) (DO NOT USE LOT & BLOCK) SITE ACRES ZONING/PROPERTY INFORMATION EXISTING COUNTY ZONING DESIGNATION CITY COMPREHENSIVE PLAN DESIGNATION CURRENT ASSESSED VALUE TOTAL EXISTING POPULATION TL 3800 21 E07DD Lot 17 .90 AC R8.5 R7.5 5 (3 Minors) TOTAL OF PARCEL AREAS: ACRES SQ. FT. RIGHTS-OF-WAY TO BE INCLUDED Right of way on Northeast and Southwest sides REASON FOR ANNEXATION: Future division of property DESCRIBE NUMBER AND TYPES OF STRUCTURES ON THE PARCEL(S) (USE TAX LOTS AS REFERENCE): Single family residence EXISTING USE OFAREA TO BE ANNEXED: PROPOSED USE OF AREA TO BE ANNEXED: DESCRIBE SURROUNDING LAND USES (USE TAX LOTS AS REFERENCE) NORTH—OC R2.5 and other Mixed Use Commercial SOUTH — EAST — WEST — Mevisea: U4/U//U5 CT vi -o �z0 R N O l — J M o w rn � � � O • CC 1W T/� X iii �1 O U � p p O U a� Q � U � z L = O ° o i U C E .ti cz z o cz H 3 ¢ CT 3 R N O M rn W z L = O N = z o O � Q o � � U � N N Z c �o v a ¢ .t c r P i L 0 � f a CL CITY OMMUNITYDEVE EGO APPLICATION FOR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION RRC` EIVEC, 380 A Avenue P.O. BOX 369 VA Lake Oswego, OR 97034 MAY A 7 200; N E/V-JION PHONE: (503) 635-0290 Community Development Dept, FILE NAME: SUBMIT: REVIEW: RESUBMIT: REVIEW: FILE NUMBER(S): HEARING DATE: CITY FEE RECEIVED: $ — METRO FEE RECEIVED: $ CHECK #: NEIGHBORHOOD ASSN.: RECEIPT #: CHECKLIST: Q Legal Description =? ® Title Report COMPLETENESS DATE: � _4 G] Assessor's Map 414El❑ Petition Fees (City and Metro) El Waiver 3Y /((,A ❑ Delineation of Natural Resources (if required) 7 Resolution 04-38 given to Applicant on PRINT OR TYPE ALL INFORMATION BELOW APPLICANT k I ISF Mnii iw- annPFcs Fnc> HGnvinir- mr)T1c1rvT1nN1 date) Eu YOUR NAME PHONE # YOUR NAME PHONE # BUSINESS NAME FAX # `f pB ( �cjr STATE ZIP ADDRESS I ISUITE Cii 7 G .i -j CITYy ; STATE ZIP ) C C, ell - IL ADD SSJ SIGN-ATURE (ORIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPERTY OWNER ❑ (AnDITInNAI nwNFR_gFF ParF,), tr T YOUR NAME PHONE # BUSINESS NAME FAX # ADDRESS SUITE CITY STATE ZIP E-MAIL ADDRESS SIGNATURE (ORIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego Revised: 04/07/05 ATTACH ANNEXATION PETITION AND LEGAL DESCRIPTION FROM DEED ADDITIONAL PROPERTY OWNER ❑ IF MORE THAN ONE OWNER PROPiiERTY./`ZONING DATA 1 � L( 1n s1 � ✓ � i i L''f l .Cr �T '� S w L'�Z �� � � rn � 1 Address �J i Location Description MAP & TAX LOT (list one per line) C ` - YOUR NAME PHONE # BUSINESS NAME FAX # I-3 r Y CURRENT ASSESSED VALUE ADDRESS I I SUITE Lk CITY STATE ZIP C C E-MAIL ADDRESS SIGNATURE (ORIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPiiERTY./`ZONING DATA 1 � L( 1n s1 � ✓ � i i L''f l .Cr �T '� S w L'�Z �� � � rn � 1 Address �J i Location Description MAP & TAX LOT (list one per line) (DO NOT USE LOT & BLOCK) K � SITE ACRES ZONING/PROPERTY INFORMATION EXISTING COUNTY ZONING DESIGNATION CITY COMPREHENSIVE PLAN DESIGNATION CURRENT ASSESSED VALUE TOTAL EXISTING POPULATION �1 WEST— LCA 4 I �' �% L�41 C 4 h T 1 , IG TOTAL OF PARCEL AREAS: ACRES RIGHTS-OF-WAY TO BE INCLUDED: . j t5 4� _ is r,� {.. �- l A. r REASON FOR ANNEXATION: v ,t - , 110c; k u - DESCRIBE NUMBER AND TYPES OF STRUCTURES ON THE PARCEL(S) (USE TAX LOTS AS REFERENCE): IT /r K � EXISTING USE OFAREA TO,BE ANNEXED: :'.`L ,(Y +4 • ,-' t k- r 'j,J t PROPOSED USE OF AREA TO BE ANNEXED: DESCRIBE SURROUNDING LAND USES (USE TAX LOTS AS REFERENCE) NORTH — r I 1 ( t t �L�l U I Ji�c Gc T C •'�-T G l C SOUTH — EAST — 66 WEST— LCA 4 I �' �% L�41 C 4 h T 1 , Revised: 04/07/05 W 'b -x 0 O O � N ° o w ISI ^ CD 0 � r b v � o o r� v b O O o ° z u O O wi � U � cp W "Cl t� V sy+ U U H 3 ¢ -x CD u � r v H L y , rA r, W Q y J u J L Z � r W d� x 0 a ? CL .- tC H cl I C cl C l t � �n s f A `ems l A CITY OMMUNITYDEVE EGO APPLICATION FOR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION �������� 380 A Avenue P.O. BOX 369 ANNEXATION Lake Oswego, OR 97034 0 ;� � „� PHONE: (503) 635-0290 Via'' �r', �-; Community Development Dept. FILE NAME: _ t2aPv�l<oP FCcvv� ly (L �St SUBMIT: 7 REVIEW: IJ gZ00Ur��efr w vp_ RESUBMIT: REVIEW: FILE NUMBER(S): AAS Q—QRING DATE: CITY FEE RECEIVED: $ -d- METRO FEE RECEIVED: $ /,SU. b u CHECK #: f l y NEIGHBORHOOD ASSN.: Lake 6�t,_eve RECEIPT#: 00,,? 0'45-c( CHECKLIST: ® Legal Description ® Title Report COMPLETENESS DATE: Of Assessor's Map ® Petition © Fees Cit and Metro Waiver 37 (City ) ❑Waiver ❑ Delineation of Natural Resources (if required) Nf1 ❑ Resolution 04-38 given to Applicant on 3-/6--07 (date) PRINT OR TYPE ALL INFORMATION BELOW APPLICANT M I ISF MAII INC, annPFSS FnR L4;=ApINf-_ NIITIG:w-ATI(1N PROPERTY OWNER t5(- 1AnnITInNAI nWNFR_SFF PA(,F 71 -TAW i Vvrz VNXU� --� Oj Wi Wpmrr-L i�vkw YOUR NAME PHONE # BUSINESS NQM FAX # O U R i YOCJR NAME PHONE # • BUSINESS NAME FAX # \$At t j C = ADDRESS� SUITE SIGNAT E (ORIGINAL REQUIR DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego r ,l'a CITY STATE ZIP E-MAIL ADDRESS S I N U (� I h� N : 1 consent to a- spec ion by an employee(s) of the City of Lake Oswego d PROPERTY OWNER t5(- 1AnnITInNAI nWNFR_SFF PA(,F 71 -TAW i Vvrz VNXU� --� Oj Wi Wpmrr-L i�vkw YOUR NAME PHONE # BUSINESS NQM FAX # O U R i A DRESS UITE1 CITY STATE ZIP E-MAIL DDRE All 3 1� SIGNAT E (ORIGINAL REQUIR DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego Revised: 04/07/05 U _ - j 1 A i f'ACH ANNEXATION PETITION AND LEGAL DESCRIPTION FROM DEED ADDITIONAL PROPERTY OWNER ❑ IF MnRF THAN nNF nWNFR f (DO NOT USE LOT & BLOCK) YOUR NAME PHONE # BUSINESS NAME FAX # ADDRESS SUITE CITY STATE ZIP E-MAIL ADDRESS SIGNATURE (ORIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPERTY/ZONING DATA MAP & TAX LOT (list one per line) (DO NOT USE LOT & BLOCK) SITE ACRES ZONING/PROPERTY INFORMATION EXISTING COUNTY ZONING DESIGNATION CITY COMPREHENSIVE PLAN DESIGNATION CURRENT ASSESSED VALUE 4 TOTAL EXISTING POPULATION clo TOTAL OF PARCEL AREAS: ACRES SQ. FT. -- RIGHTS-OF-WAY TO BE INCLUDED: REASON FOR ANNEXATION: I DESCRIEE NUMBER AND TYPES OF 4TRUCTURES ON THE PARCEL(S) (USE TAX LOTS AS REFERENCE): EXISTING U. �_; OFiREA� TO BE ANNEXED: PROPOSED USE OF AREA TO BE ANNEXED: DESCRIBE SURROUNDING LAND USES (USE TAX LOTS AS REFERENCE) NORTH —, I i r AA SOUTH —�.��`�� EAST — WEST— 0��iYG�' Revised: 04/07/05 J �x C, eN Gt y L v O u L W U L r%rh V z o 0 d v ca a U � c G J CITY LAKEOSWEGO APPLICATION FOR COMMUNITY DEVELOPMENT DEPA�NT PLANNING DIVISION 380 A Avenue P.O. BOX 369ANNEXATION Lake Oswego, OR 97034 PHONE: (503) 635-0290 P"-4NNING DEPT FILE NAME: craie �� v�mcvn SUBMIT: y`7� 5S u� Uporer11 �v,LL RESUBMIT: _ FILE NUMBER(S): �V �� Gr� HEARING DATE: CITY FEE RECEIVED: $ ,5�i. �'`' METRO FEE RECEIVED: $ Z5`U.Ov REVIEW: REVIEW: CHECK#: NEIGHBORHOOD ASSN.: _Z41<e RECEIPT#: Z7'1 14a CHECKLIST: [Legal Description [Title Report COMPLETENESS DATE: [Assessor's Map 2 Petition Fees (City and Metro) Waiver ❑ Delineation of Natural Resources (if required), _4 Resolution 04-38 given to Applicant on PRINT OR TYPE ALL INFORMATION BELOW APPLICANT n 1 icF RAAu Wr- Anno=cc trio RANDY REEVE 503-690-8388 YOUR NAME HERITAGE HOMES PHONE# 503-690-2850 BUSINESS NAME21145NW WEST UNION 9U# ADDRESSHIL,L SRORn OR SUITE Q71 ?A CITY HeritageHomesUSA@Yahoo.com STATE ZIP E-MAIL 4DDRESS SIGNAT-6l�E,4ORIGINAL EQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPERTY OWNFR rl (Ann171nN1Ai r1A/NIC0 c= m� 1 date) Nancy Erdman YOUR NAME PHONE # Cf 9 64 4 BUSINESS NAME 3131 NE Jones Loop PAX# ADDRESS Neotsu OF.KUITE 97364 CITY STATE ZIP E-MAIL ADDRESS 'SIGNATOR 7 OR(G'�NALREQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego Revised: 04/07/05 ATTACH ANNEXATION PETITION AND LEGAL DESCRIPTICN FROM DEED ADDITIONAL PROPERTY OWNER ❑ IF MORE THAN ONE OWNER PROPERTY/ZONING DATA 4855 SW Upper Drive, Lake Oswego, OR 97035 Address North side of SW Upper Dr., Approx.675' east of its intersection with SW Boones Ferry Road Location Description MAP & TAX LOT (list one per line) (DO NOT USE LOT & BLOCK) YOUR NAME PHONE # BUSINESS NAME FAX # ADDRESS SUITE CITY STATE ZIP E-MAIL ADDRESS 1.23 SIGNATURE (ORIGINAL REQUIRED) DATE Note: I consent to an on-site inspection by an employee(s) of the City of Lake Oswego PROPERTY/ZONING DATA 4855 SW Upper Drive, Lake Oswego, OR 97035 Address North side of SW Upper Dr., Approx.675' east of its intersection with SW Boones Ferry Road Location Description MAP & TAX LOT (list one per line) (DO NOT USE LOT & BLOCK) SITE ACRES ZONING/PROPERTY INFORMATION EXISTING COUNTY ZONING DESIGNATION CITY COMPREHENSIVE PLAN DESIGNATION CURRENT ASSESSED VALUE TOTAL EXISTING POPULATION 2 1E 7DD - Lot 4300 1.23 R 8.5 R 7.5 $84,962 0 TOTAL OF PARCEL AREAS: ACRES 1.23 Sd.FT. TO BE NOCL AY SW Upper Drive along property frontage REASON FOR ANNEXATION: 4 Lot Subdivision DESCRIBE NUMBER AND TYPES OF STRUCTURES ON THE PARCEL(S) (USE TAX LOTS AS REFERENCE): Vacant EXISTING USE OFAREA TO BE ANNEXED: vacant PROPOSED USE OF AREA TO BE ANNEXED: 4 -Lot Subdivision DESCRIBE SURROUNDING LAND USES (USE TAX LOTS AS REFERENCE) NORTH— Commercial Tax Lot 2200 SOUTH— Single Family Residential Tax Lot 4700 EAST— Single Family Residential Tax Lot 4200 WEST— Single Family ResidentialTax Lot 4400 Revised: 04/07/05 W c F� C -z O .s� w O y � U O O o u O Y O .r .7 C) Q W c v k F M ca O� a� 80 o U .� U O O � C3 U 4' a ca � ca o c L c y W c N U c x y � W c o c u an E U U � O Sa IS y. cc ++ r � y Q 0 LO O O C m N -z O A 'J O .r .7 C) Q c v k F M a� � L W N °' O Sa IS � y O Z U L 3 a o W z y N o Z O M H `X' / E E � � z L LU a � z. L 7 dD 0 LO O O C m N MEETING DATE: SUBJECT: CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY October 2, 2007 Resolution 07-58 7.3 10/02/07 Motion: Adopt Resolution 07-58, a Resolution of the City Council of the City of Lake Oswego, acting as the Lake Oswego Public Contracting Review Board pursuant to ORS 279A.060, making certain findings and approving a special procurement of a contract amendment for engineering design services regarding replacement of the Oswego Lake Interceptor Sewer, and authorizing the interim City Manager to execute the contract amendment. ESTIMATED FISCAL IMPACT: $2,922,124 STAFF COST: $35,000 BUDGETED: Y X N FUNDING SOURCE: Sanitary Sewer Fund Finance Director approval required for items with a fiscal impact: ��� Ll-- ivy DEPARTMENT DIRECTOR 7 signoff/date ATTACHMENTS: • Komarek Council Report Dated 9/13/2007 NOTICED (Date): Ordinance no.: Resolution no.: 07-58 Previous Council consideration: 5/2/2006; 7/18/2006; 12/19/2006; 4/9/2007;6/4/2007;6/12/2007; 7/10/2007. COMMUNITY DEVELOPMENT DIRECTOR signoff/date 71 INTERIM CITY MANAGER signoff/ ate RESOLUTION 07-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO, ACTING AS THE LAKE OSWEGO PUBLIC CONTRACTING REVIEW BOARD PURSUANT TO ORS 279A.060, MAKING CERTAIN FINDINGS AND APPROVING A SPECIAL PROCUREMENT FOR A CONTRACT AMENDMENT FOR ENGINEERING DESIGN SERVICES REGARDING REPLACEMENT OF THE OSWEGO LAKE INTERCEPTOR SEWER; AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT. WHEREAS, Lake Oswego Public Contract Rule 102-0277 generally requires the Public Contracting Officer to solicit at least three competitive proposals, based upon a Request for Proposals, when a personal services contract (including amendments to personal service contracts) are in excess of $100,000, and WHEREAS, Lake Oswego Public Contract Rule 102-0285 permits the awarding authority to award a contract (or contract amendment) as a special procurement pursuant to the requirements of ORS 279B.085: (4) The ... local contract review board, ... may approve a special procurement if the ... board, ... finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the ... board,... will: (a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b) (A) Result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder. WHEREAS, the City Engineer has submitted a request to consider approval of a special procurement, together with findings, to exempt a contract contract amendment for Engineering Design Services Regarding Replacement of the Oswego Lake Interceptor Sewer, from the Request for Proposal requirement of LOPCR 102-077; and WHEREAS, a duly noticed public hearing was held before the City Council, acting as the Lake Oswego Public Contract Review Board, to provide interested persons to appear and present comment upon the special procurement request; and Page 1 - A Resolution ... Making Certain Findings and Approving a Special Procurement for a Contract Amendment for Engineering Design Services Regarding Replacement of the Oswego Lake Interceptor Sewer; and Authorizing the Interim City Manager to Execute the Contract Amendment. WHEREAS, the Lake Oswego City Council has fully considered the testimony and other evidence produced at the hearing; THE LAKE OSWEGO CITY COUNCIL, ACTING AS THE LAKE OSWEGO PUBLIC CONTRACTING REVIEW BOARD, HEREBY MAKES THE FOLLOWING FINDINGS AND APPROVES A SPECIAL PROCUREMENT FOR ENGINEERING DESIGN SERVICES, AS FOLLOWS: The findings of the City Engineer (attached) in support of the request for approval of a special procurement for Engineering Design Services Regarding Replacement of the Oswego Lake Interceptor Sewer, exempting the contract amendment from LOPCR 102- 077(4), which would otherwise require the City Engineer to seek three competitive proposals pursuant to a Request for Proposals, are hereby approved and adopted as the findings of the City Council, acting as the Lake Oswego Public Contracting Review Board. Based upon the foregoing findings of fact, BE IT RESOLVED by the City Council of the City of Lake Oswego, acting as the Lake Oswego Public Contracting Review Board hereby: Approves a special procurement for the attached contract amendment to Brown & Caldwell for Engineering Design Services Regarding Replacement of the Oswego Lake Interceptor Sewer, exempting the contract amendment from the requirement of soliciting three competitive proposals for a "major personals services contract" pursuant to LOPCR 102-0277(4) prior to award of contract amendment. BE IT RESOLVED by the City Council of the City of Lake Oswego: The Interim City Manager is authorized to execute the attached contract amendment to Brown & Caldwell, fourteen days following public notice of the approval of the special procurement, pursuant to LOPCR 102-0285 and ORS 279B.400. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on this 2nd day of October, 2007. AYES: NOES: ABSTAIN: EXCUSED: Page 2 - A Resolution ... Making Certain Findings and Approving a Special Procurement for a Contract Amendment for Engineering Design Services Regarding Replacement of the Oswego Lake Interceptor Sewer; and Authorizing the Interim City Manager to Execute the Contract Amendment. Judie Hammerstad Mayor ATTEST: Robyn Christie City Recorder APPROVED AS TO FORM: i City Attorney's Office Page 3 - A Resolution ... Making Certain Findings and Approving a Special Procurement for a Contract Amendment for Engineering Design Services Regarding Replacement of the Oswego Lake Interceptor Sewer; and Authorizing the Interim City Manager to Execute the Contract Amendment. FINDINGS FOR A SPECIAL PROCUREMENT FOR ENGINEERING DESIGN SERVICES REGARDING REPLACEMENT OF THE OSWEGO LAKE INTERCEPTOR SEWER WHEREAS, Lake Oswego Public Contract Rule 102-0277 generally requires the Public Contracting Officer to solicit at least three competitive proposals, based upon a Request for Proposals, when a personal services contract (including amendments to personal service contracts) are in excess of $100,000; and WHEREAS, Lake Oswego Public Contract Rule 102-0285 permits the awarding authority to award a contract (or contract amendment) as a special procurement pursuant to the requirements of ORS 279B.085; and WHEREAS, the special procurement must demonstrate that it will: (a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b) (A) Result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 27913.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder. NOW, THEREFORE, THE CITY ENGINEER OF THE CITY OF LAKE OSWEGO PRESENTS THE FOLLOWING FINDINGS IN SUPPORT OF A SPECIAL PROCUREMENT FOR ENGINEERING DESIGN SERVICES AS FOLLOWS: A. Criterion: `Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts. " On July 5, 2002 the City Council of the City of Lake Oswego awarded a personal services contract to provide engineering predesign services for the Oswego Lake Interceptor Sewer Upgrade project pursuant to a competitive proposal process conducted in accordance with LOPCR 102-0277. There was significant competition for the original predesign contract and following evaluation of the proposals received in response to the City's solicitation of proposals against published evaluation criteria and by an evaluation team that consisted of City staff and technically oriented at -large members, the firm of Brown and Caldwell was determined to be the most qualified to provide the requested engineering services. In January 2007, Brown and Caldwell completed its commission to complete a predesign study of Oswego Lake Interceptor Sewer (OLIS) replacement alternatives. As a result of that work and in response to its recommendations, the City Council authorized an amendment to the personal services contract with Brown and Caldwell, pursuant to Resolution 07-11, to conduct and complete Phase II of an engineering analysis of OLIS replacement alternatives. That work was completed and a Phase H predesign report was furnished to the Council in December 2007. 3. At a regular session of the City Council held June 12, 2007, the City Engineer presented his recommendation for a preferred OLIS replacement alternative based upon the information contained in the Phase I and Phase H predesign reports prepared by Brown and Caldwell. Page 1 Findings Requesting Specific Exemption From Competitive Proposal Requirements And Authorizing A Special Procurement For Engineering Services Regarding Replacement of the Oswego Lake Interceptor Sewer. 4. Pursuant to a Mutual Agreement and Order (MAO) negotiated between the City and the Oregon Department of Environmental Quality (ODEQ), the City was obligated to select a preferred OLIS replacement alternative no later than August 7, 2007. The City Council, following a public hearing held July 10, 2007, selected the in -lake buoyant gravity option as the preferred alternative to replace the City's existing OLIS system. On July 16, 2007 Brown and Caldwell submitted the final Phase II report to the ODEQ as required by the MAO. Brown and Caldwell was originally selected pursuant to a competitive proposal process for engineering predesign services. The scope of this work under the requested special procurement is of the same nature, and is within the scope of an anticipated continuation of the project. Accordingly, a competitive proposal process has already been held and it is unlikely that the solicitation of two additional proposals, as required by LOPCR 102-0277 would result in a new field of qualified, interested submittals. Further, the scope of work required for the contract amendment builds upon the knowledge gathered by the prior work. Although it is possible for another proposer to devote the necessary time to acquaint itself with all of the engineering information previously developed prior to preparation of a new proposal for this contract amendment, it is unlikely that another engineering firm could review the many thousands of pages of technical information regarding the City's existing OLIS system and its replacement necessary to be able to prepare a proposal on a schedule that would not risk project delay. The costs incurred by any consultant other the Brown and Caldwell to develop an equivalent project understanding would be considerable - likely ranging from $300,000 to $600,000 dollars. The necessity to undertake extensive review of prior engineering work and familiarization with the City's OLIS replacement project, recognizing that Brown and Caldwell would also be submitting a proposal, would likely result in few, if any, additional proposals being submitted. It is unlikely that award of this special procurement will diminish competition because (1) there previously was a competitive process to select an engineering firm for the work under this contract amendment; and (2) no other firm has the body of knowledge and understanding of the City's OLIS replacement project, and it is unlikely that another engineering firm would devote the amount of time without charge to be able to submit a responsive proposal. Therefore it is unlikely that through another competitive proposal process, another firm could demonstrate equal or better knowledge, skills and capability to provide engineering services needed by the City for the final design phase of its OLIS replacement. B. Criterion: "Result insubstantial cost savings to the contracting agency or to the public." 1. Substantial staff time and cost is expended to prepare Request for Qualifications and Request for Proposals solicitation documents, associated public notices, administer solicitation period activities, select proposal evaluation team members, evaluate responses to competitive solicitations, conduct interviews, conduct reference checks to confirm proposer responsibility and qualifications, prepare council reports for contract award and prepare contracts once council award is made. A three-step competitive proposal procurement in lieu of authorizing this special procurement would take 3-4 months to conduct and would incur staff labor and materials costs ranging from $30,000 to $40,000. (In fact, this was the process that the City followed during the original solicitation for Requests for Proposals for engineering predesign services for the Oswego Lake Interceptor Sewer Upgrade project.) 2. As noted in Part A above, a substantial body of technical engineering work has been developed by Brown and Caldwell in the discharge of its commission to develop predesign documents for Page 2 Findings Requesting Specific Exemption From Competitive Proposal Requirements And Authorizing A Special Procurement For Engineering Services Regarding Replacement of the Oswego Lake Interceptor Sewer. the City's OLIS replacement. In order to develop this body of work, many subconsultants have been retained by Brown and Caldwell to conduct specialized elements of the work necessary to the development and evaluation of feasible options for the OLIS replacement project. Any other consultant selected pursuant to a competitive proposal process to provide final engineering design services in lieu of this special procurement, would necessarily have to procure all notes, calculations, and any other engineering work of Brown and Caldwell and their subconsultants and vendors of materials and evaluate all such work, notes and calculations completed to date of whatever nature in order to develop a thorough understanding of the technical and political aspects of this project. A conservative estimate of the time it would take for any consultant other than Brown and Caldwell to develop a project understanding as comprehensive as that of Brown and Caldwell is twelve months. 3. Procuring another consultant other than Brown and Caldwell will necessarily cause delay in the already initiated procurement process for a Construction Manager/General Contractor (CM/GC) currently scheduled to conclude in December 2007. The City has already incurred staff and consultant costs in excess of $50,000 dollars related to this procurement process. Amending the current contract with Brown and Caldwell eliminates this delay and the expense associated therewith. C. Criterion: Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder. 1. The request for proposals requirement for "major personal services" is not based on state law (ORS 279B.055, 279B.060, 279B.065 or 279B.070), but rather by LOPCR 102-0277(4); personal service contract rules are not subject to the state law provisions cited. Therefore, it is not technically possible to comply with these cited provisions, and accordingly, it is not technically possible to "otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements" of cited state law. However, these findings look to the public interest sought to be served by the request for proposal requirement, and the spirit of solicitation of competitive proposals under ORS 27913.060. 2. In 2005 and 2006 the Lake Oswego sewer system experienced significant overflow conditions resulting from a deteriorated sewer system and lines. As a result of these overflows, multiple discharges of untreated wastewater from the City's OLIS system have occurred to waters of the state. 3. The City has been notified by the applicable state regulatory agency, the Oregon Department of Environmental Quality (ODEA), that the City is in violation of state and federal laws and regulations, including the Clean Water Act (CWA) resulting from these discharges. 4. In lieu of fines, penalties, and injunctions being sought by ODEQ against the City under the applicable state and federal laws and regulations, since December 2006, the City has been involved in negotiations with ODEQ regarding a Mutual Agreement and Order (MAO). The MAO will settle past violations of the Clean Water Act (CWA), establish a monetary penalty for prior discharges, require the City to commit to a schedule for the replacement of the OLIS system, create an obligation to develop and implement an overflow response plan in the interim and establish monetary penalties for violations of the terms of the MAO. Page 3 Findings Requesting Specific Exemption From Competitive Proposal Requirements And Authorizing A Special Procurement For Engineering Services Regarding Replacement of the Oswego Lake Interceptor Sewer. 5. The MAO requires that the City complete and submit to ODEQ 50% complete engineering drawings and specifications by September 1, 2008. In order to achieve that schedule, the City must retain the services of an engineering consultant that is versed in the OLIS and the many factors, options, and challenges that exist in determining how to best design and construct replacements to the OLIS system, in order to comply with the state and federal laws and regulations relating to OLIS system. 6. Based upon construction approach options evaluated to date, and recognizing the uncertainties of regulatory permitting, easement acquisition and drawdown of Oswego Lake, commencement of construction will need to begin one year earlier that originally envisioned by the MAO. 7. To begin construction one year earlier, the engineering consultant will be required to accelerate the conduct of specific engineering tasks that would otherwise be completed later in the final design development phase. Several of these tasks require six months to complete. 8. Given the six months anticipated to conduct the specialized engineering work and the September 1, 2008 deadline under the MAO, it is imperative that an engineering consultant be retained immediately that is available and knowledgeable about the OLIS system and the technical and political information developed to date regarding replacement of the OLIS. 9. The additional services required are expansions of engineering tasks and analyses already conducted to date and will use a combination of subconsultant services and Brown & Caldwell services. The subconsultant firms providing the needed additional services are already under contract to Brown & Caldwell. 10. Due to the past work by Brown & Caldwell on the OLIS, they (and their subconsultants) are knowledgeable and able to immediately dedicate sufficient resources and commence the engineering work necessary to meet the September 1, 2008 deadline to develop project design to the 50% complete stage. 11. Failure to immediately procure these additional engineering services and dedicate additional staff to the project creates a high degree of risk for non-compliance with the action dates established in the MAO, subjecting the City to monetary and potential civil penalties, thus creating significant risk for additional fines from ODEQ and third party litigation against the City, as well as delayed compliance with the state and federal laws and regulation. 11. The City Engineer further believes that there is a significant likelihood that there would be few additional bidders to a Request for Proposals because all potential bidders except Brown & Caldwell would have to undertake extensive review of the City's OLIS system and the engineering studies that have been done to date, in a short period of time, to submit a proposal. 12. Failure to execute a contract amendment with Brown & Caldwell immediately threatens the public health generally, and the financial resources of the City of Lake Oswego. Page 4 Findings Requesting Specific Exemption From Competitive Proposal Requirements And Authorizing A Special Procurement For Engineering Services Regarding Replacement of the Oswego Lake Interceptor Sewer. CITY OF LAKE OSWEGO COUNCIL REPORT TO: Stephan Lashbrook, Interim City Manager FROM: Joel B. Komarek P.E., City Engineer SUBJECT: Resolution 07-58 DATE: September 25, 2007 Action Adopt Resolution 07-58, a Resolution of the City Council of the City of Lake Oswego, acting as the Lake Oswego Public Contracting Review Board pursuant to ORS 279A.060, making certain findings and approving a special procurement of a contract amendment for engineering design services regarding replacement of the Oswego Lake Interceptor Sewer, and authorizing the interim City Manager to execute the contract amendment. Background On July 5, 2002 the City Council of the City of Lake Oswego, awarded a personal services contract to Brown and Caldwell to provide engineering predesign services for the Oswego Lake Interceptor Sewer (OLIS) upgrade project pursuant to a competitive proposal process conducted in accordance with LOPCR 102-0277. There was significant competition for the original predesign contract and following evaluation of the proposals received in response to the City's solicitation of proposals against published evaluation criteria and by an evaluation team that consisted of City staff and technically oriented at -large members, the firm of Brown and Caldwell was determined to be the most qualified to provide the requested engineering predesign services. In January 2007, Brown and Caldwell completed a predesign study of Oswego Lake Interceptor Sewer replacement alternatives. As a result of that work and in response to its recommendations, the City Council authorized an amendment to the personal services contract with Brown and Caldwell, pursuant to Resolution 07-11, to conduct and complete Phase II of an engineering analysis of OLIS replacement alternatives. That work was completed and a Draft Phase II predesign report was furnished to the Council in December 2007. Council Report Page 2 of 3 At a regular session of the City Council held June 12, 2007, the City Engineer presented his recommendation for a preferred OLIS replacement alternative based upon the information contained in the Phase I and Phase II predesign reports prepared by Brown and Caldwell. Pursuant to a Mutual Agreement and Order (MAO) negotiated between the City and the Oregon Department of Environmental Quality (ODEQ), the City was obligated to select a preferred OLIS replacement alternative no later than August 7, 2007. The City Council, after a public hearing held July 10, 2007, selected the in -lake buoyant gravity option as the preferred alternative to replace the City's existing OLIS system. On July 16, 2007 Brown and Caldwell submitted the final Phase II report to the ODEQ as required by the MAO. In the intervening two months since Council's selection of an OLIS replacement alternative, Brown and Caldwell has continued providing services to the City in support of its efforts to negotiate favorable terms and conditions associated with drawdown of Oswego Lake and acquisition of temporary and permanent easements necessary for the timely and economical completion of the OLIS replacement. These services are within the scope of Brown and Caldwell's existing contract with the City. At this juncture in the project, focus turns to initiating the final design phase and all the various special tasks and activities that this phase entails. At the City Engineer's request, Brown and Caldwell has provided a project scope and associated budget (attached) to provide the initial portion of the engineering design phase services for the OLIS replacement. The project scope has been reviewed in detail by the City Engineer and determined to be appropriate and comprehensive enough to move the City towards completing its obligations under the MAO. It should be noted that further engineering and design work will still be required after the completion of the work anticipated in this agreement. In fact, it is anticipated that approximately 70% of the engineering and design work will remain to be completed. This amendment will allow the consultants to complete the geotechnical work that is now underway and move into the permiting phase prior to construction. However, because the engineering fees associated with the planned work tasks exceeds $100,000, the City's public contracting rules, require: 1) the Public Contracting Officer to seek competitive proposals, or 2) seek approval for a special procurement. This report recommends the special procurement process for reasons that follow. Discussion Lake Oswego Public Contract Rule 102-0277 generally requires the Public Contracting Officer to solicit at least three competitive proposals, based upon a Request for Proposals, when a personal services contract (including amendments to personal service contracts) are in excess of $100,000; and Lake Oswego Public Contract Rule 102-0285 permits the awarding authority to award a contract (or contract amendment) as a special procurement pursuant to the requirements of ORS 27913.085; and The special procurement must demonstrate that it will: (a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b) (A) Result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder. Council Report Page 3 of 3 In part from the MAO negotiations and negotiations with the LOC regarding the timing and duration of a drawdown of Oswego Lake, the engineering team has identified the need to initiate construction of the new OLIS system as early as September 2008. To achieve development of design and construction documents and secure regulatory permits necessary to start construction in September 2008, final design, permit and easement acquisition activities, have already begun. Findings in Support of a Special Procurement Findings in support of a special procurement for engineering design services are contained within the attached Resolution 07-58. Recommendation Based upon the findings contained in Resolution 07-58, the City Engineer recommends that the City Council, acting as the Lake Oswego Public Contracting Review Board and after duly published notices in a newspaper of general circulation, authorize the Interim City Manager to execute an amendment to the Personal Services Contract with Brown and Caldwell in the amount of $2,922,124 to provide the initial portions of the final engineering design and permit acquisition services for replacement of the Oswego Lake Interceptor Sewer. Attachment: Resolution 07-58 H:VOEL_K\ENV_SERV\SANITARY\interceptor sewer\CounciMes 07-58.COUNCRPT.amend.I Ldoc 3; N C Q O Q Q W M 0(D O N m n Q Q m O Q (D (o O m M Q co N _ M O m M m m n of m U9 O N ~O N M W � N V) V) V) V) V) Vi 69 V) V) V) V) V) V) V) V) V) V) V) V9 N o 0 cc 0 o O to 0 o o (D ~5 N �o M M o o O o o O oD 00 V) n M n (o O N O Ln N (17 F m n (D co N (D n (o In W N M N O Q N N (o I Q m 7 V) V) V) V) V) V) V) V) V) V) V) V) to to V) E19 tH f9 V) V) V) V o0 N (0 o o o o O O o of o (o o n O O O O O (o N N a m M o o o N M N N N O D 7 o C Y N O n co M N (D N M m u) V) V) V) V) V) V) to to o o o o o 0 0 0 o o o o 0 o cc 0 o o 0 o o o o 0 0 0 0 O (D o (o o o O (o Vi o n O o 0 N O O Q 'n N n Lr (c) N N O (o O (D O Q N W V) 69 V) to V) (fl (A C9 V) V) V) to V) FA (A W W V) V) Q(DQQW ao o r -r N n_ m — 'O Q M n V) N �-- Q (D N '- V1 �- O m Q Q U) Q (D n— O O N n N' m (o 0 (oQ Co Co oD M n N m M n W oD O N n U) (D N (D M co Q (D N N (D m U CD u)(»(»(»(»(»U»69toY)V>»wwU3( (»(n(n(n 1 to N d O O QQ O w n O n m N n N U) (o n M Q (D M M O m (D Q O (D (o m C O Q Q _ o �- _ N _ U9 N _ (o M N N Q M m O. o N N Q x N W U Co 69 V) W V) V) 69 V) V) V) V) V) V) V) W 69 V) W V) V) V) Co o o o oo o Q Q o n— Q o n _ n0 N (N 2 n O O N o N(o m o] N N (D W O N M N Cl) u9 O N (D W o O M M r N W �'- m O m of N O M n m O N n In (D N m N (D Q (D N Q � N I'D m V) W FA FA 6S E� V) !A (4>(fl FA fA V) V) V) V) V)111 V) V) O Q o o o 0 o 0 O Q OO N N N O N Cl N Co C (D ' Con ' N to N N (o Co OP E D N N m vi N Q V) V) V) V) V) V) V) V) V) V) w V) V) V) U9 V) V) V) V) .n J O O O N O Ln O Q m oo— N m O Q O N O O O Q N U N N O O M O OD O O (D N O N O Co O M (D C N . — Q N L V d H fA 69 Vi V) V) V3 V) V) to M tH V) 69 V) tH V) V) V) V) — Co O O O O O O Q N m m n Q O m A C n O O N O n 0 (o o co W ' NIT (D (D (o m Q (D to Q M N (o m (D Q (o m O N O (o (D M (D M Q O M o) Q n N w m (N n Q (o N (o O (o M Q n m n _d 0 CL V) (A w to V) V) to w V) V) w 69 V) V) V) V) 69 U7 N C O C LmO � y F C (U O N C C O U c c o o U w RT OU (u o O 0 0 0 E o n U cm C U C C Wo O C yO 0 o 3@ N r o 3 N N O C o N N N (!% (U '� N O '� C Q C E d U N Cu 7 C C O L N W 'o N N E N C O t t9 'N C Co N m m d c C a C Y v L(D E _U o Z d o c C o c Q _ c o o U cE c o m E ° ° E ° o 'c ' Q c E -o ° — t C 0 7 Z C U U o E U c W @ W U '~O N I C o Y m v o 0 o w (7 :� c m L (Np D O C D m O -o N m m D 03 o 'c- FdCL W(nJW�UQ� W �1)coz C) a-< Y to (D n N m O N M Q N (D n of m F Z CITY OF LAKE OSWEGO 8.1 AGENDA REPORT SUMMARY 10/02/07 MEETING DATE: October 2, 2007 SUBJECT: Request the City Council authorize the Parks and Recreation Director to enter into a contractual agreement with the 47" Avenue Farm to operate a Community Supported Agricultural farm at Luscher Farm. RECOMMENDED MOTION: Move to authorize the Parks and Recreation Director to enter into a contractual agreement with the 47th Avenue Farm to operate a Community Supported Agricultural farm at Luscher Farm as per the attached staff report. EST. FISCAL IMPACT: None STAFF COST: BUDGETED: Y N FUNDING SOURCE: DEPT. DIRECTOR signoff/date K:\Kristi\rptcov.99 ATTACHMENTS: • September 25, 2007 Gilmer memo ASST. CITY MANAGER signoff/date NOTICED (Date): Ordinance no.: Resolution no.: Previous Council consideration: CIT MANAGER /2, � signo /date Friends of Farming at Luscher Farm October 2, 2007 Dear City Councilors and city officials, I am writing to express my satisfaction with the renewal of Laura Masterson/47thAvenue Farm's contract as our farmer at Luscher farm. Laura's award-winning CSA adds value to Luscher and the city on many dimensions. A working farm in Lake Oswego is not only an important source of healthy food, but a model of sustainability, eating locally, and community involvement. The farm is also a tremendous educational resource and an aesthetic delight. Thank you for your support. Sincerely, Kathy Keller Jones 2051 Crest Dr. Lake Oswego 97034 503-636-0363 Parks and Recreation Department To: Stephan Lashbrook, Interim City Manager From: Kim Gilmer, Parks & Recreation Director Memorandum Subject: Community Supported Agriculture (CSA) Contract Negotiations Date: September 25, 2007 ACTION Request that the City Council authorize the Parks and Recreation Director to enter into a contractual agreement with the 47th Avenue Farm to operate a Community Supported Agricultural farm at Luscher Farm. BACKGROUND In 2003 the City entered into a contract with the 47th Avenue Farm to operate a Community Supported Agricultural farm (CSA) at Luscher Farm. CSA's are small, local farms that sell produce on a subscription basis to individual share owners. The philosophy behind these farms is to promote locally grown produce in a sustainable manner (typically organic, closer to market so a reduction in fuel use, etc.) and to also support local farmers. Generally, individuals pay a fee to the farmer, who in turn provides enough produce to feed a family of four on a weekly basis. There is also the option of buying a "working share', which allows an individual to pay a reduced fee in exchange for time spent working at the farm on various tasks. Individuals sign up through Parks & Recreation for shares and then receive a monthly newsletter about upcoming harvests, recipes, activities, and work parties. The Luscher Farm CSA program is run through the Parks & Recreation Department. Department staff oversees the farmer and coordinates the use of city property and facilities. The farmer uses city property for farming and city facilities for storing equipment, seed, fertilizer, tools, and other farming equipment. The farmer pays the City an annual fee for use of the property. DISCUSSION The current CSA contract ends on December 1, 2007. Negotiations for a new 3 year contract have been underway since early spring 2007. The new contract includes the following provisions: Term: 3 year, ending December 1, 2010 Activities Allowed: Growing and distribution of vegetables to the public Cleaning and storage of vegetables Growing plant starts for planting Organic/ sustainable practices only may be used Acreage Used: 12.5 acres at Luscher Farm (Attachment A) Storage: Equipment, tools, materials, and supplies for CSA operations Power/ Electricity: Water is provided via the Luscher Farm well at no additional charge beyond annual per acre fee; electrical costs are covered by the contractor Annual Lease Fee Paid to City: $150/ irrigated acre* *Note: Farmers in Oregon typically pay $1351 irrigated acre based upon the August 2006 Cropland Rented for Cash report from the USDA Agriculture Statistics Board. Comparison of Current Contract provisions versus New Contract provisions: Current Final Version Acreage Farmed 12.8 12.5 (A reduction of .3 acres to make room for new storage barn off Stafford Road) Storage (sq. ft.): Luscher barn 620 downstairs 820 downstairs 3840 upstairs 3840 upstairs Red Barn* (Stafford Rd) 800 inside 486 inside 300 outside 144 outside covered Total Storage 1000 outside uncovered 5360 sq ft. 6418 sq ft. Greenhouses None 2 houses Q 30'x100', temporary hoop houses Cold Storage None Allowed New Provisions in Contract: • Additional storage space is provided in the Luscher Barn and new red barn off Stafford Road. The new red barn replaces the Taylor barn which was removed during construction of the athletic field and dog park. • Cold storage will be allowed to store vegetables during the winter 6000 sq ft. of greenhouses will be allowed to grow vegetable starts. These will be temporary hoop houses. Termination Payout The nature of farming requires that the land be planted several months in advance. Should the City wish to use any portion of the land covered under this agreement, it will be necessary to provide the farmer with as much notice as possible to allow her to find acreage elsewhere to continue her business and to minimize the costs to the farmer. The City recognizes that the farmer is investing financial resources into the property at Luscher Farm to operate a CSA and that a loss of potential income could result if the City were to terminate the contract while the CSA had outstanding shares committed. These costs include actual costs of cover cropping, fertilizing, planting, harvesting, and potential income loss. The City and the farmer arrived at the following payout amounts that the City would be responsible for paying to the farmer if the City were to give notice of termination. These amounts are included in the termination section of the contract. • 0 to 6 months notice $50,000 • 6 months and 1 day to 12 months notice $37,500 • 12 months and 1 day to 18 months notice $25,000 • 18 months and 1 day notice $0 RECOMMENDATION Option 1 - Authorize the Parks and Recreation Director to enter into a contractual agreement with the 47thAvenue Farm to operate a Community Supported Agricultural farm at Luscher Farm. Option 2 - Do not approve the contract. Staff recommends Option 1. _j Jif �/ F __. �•'-�-_. � % � yl ��,• am Hoop Houses / 60GO sq ft All /^ {s Area B Area A 5.6 acres j 7.1 acres (not including Hoop Houses) , Ftaff wr; CITY OF LAKE OSWEGO 8.2 AGENDA REPORT SUMMARY 10/02/07 MEETING DATE: October 2, 2007 SUBJECT: Adoption of Resolution 07-57, Supporting the Lake Oswego to Portland Transit and Trail Alternatives Steering Committee Recommendations for the Draft Environmental Impact Statement Study for the Highway 43 Corridor. Recommended Action: Adopt Resolution 07-57. ESTIMATED FISCAL IMPACT:N/A STAFF COST: $ BUDGETED: Y N FUNDING SOURCE: Finance Director approval required for items with a fiscal impact: p_27_a� signoff/date ATTACHMENTS: • Heisler memo of September 27, 2007 NOTICED (Date): Ordinance no.: Resolution no.: 07-57 Previous Council consideration: • February 16, 2005 • June 20, 2006 • April 12, 2007 • May 15, 2007 • July 9, 2007 l CITY MANAGER 11-4-7107 signoff/date RESOLUTION 07-57 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL SUPPORTING THE LAKE OSWEGO TO PORTLAND TRANSIT AND TRAIL ALTERNATIVES ANALYSIS STEERING COMMITTEE RECOMMENDATIONS FOR THE DRAFT ENVIRONMENTAL IMPACT STATEMENT STUDY FOR THE HIGHWAY 43 CORRIDOR. WHEREAS, the Regional Transportation Plan (RTP) designates Highway 43 between Portland and Lake Oswego as a planned frequent bus line and the Willamette Shore Line Rail right of way as a planned/ proposed streetcar line; and WHEREAS, in 1988, the City of Lake Oswego, along with six other agencies, purchased the Willamette Shore Line rail right of way for the purpose of preserving the line for future high capacity transit; and WHEREAS, the City of Lake Oswego has adopted a Transportation System Plan as a component of its Comprehensive Plan that indicates that Hwy. 43 is a congested corridor, and that the Willamette Shore Line right of way should be preserved for future high capacity transit; and WHEREAS, the City of Lake Oswego, along with other regional partners, has through its actions over the past 19 years, supported efforts to encourage future high capacity transit between Lake Oswego and Portland by contracting with the Oregon Electrical Railway Historical Society to operate a seasonal trolley on the Willamette Shore Line right of way in order to preserve its use for future high capacity transit; and WHEREAS, in 2004, the City Council of the City of Lake Oswego appointed a Downtown Transit Alternatives Advisory Committee (DTAAC), consisting of neighborhood, business and transportation representatives, which examined preferred transit options for the City of Lake Oswego; and WHEREAS, in 2005, Metro applied for and attained Metropolitan Transportation Improvement Program funds in order to conduct a Transit and Trail Alternatives Analysis to examine transit and trail options in the Highway 43 Corridor, including the Willamette Shore Line right-of-way, and the City of Lake Oswego contributed funding for a portion of the local match, along with the City of Portland and TriMet; and WHEREAS, an Alternatives Analysis, consistent with Federal Transit Administration requirements, was conducted; and WHEREAS, representatives on the Transit and Trail Steering Committee, consisting of elected and appointed members from the City of Lake Oswego, the City of Portland, Multnomah and Clackamas Counties, TriMet, Metro, Oregon Department of Transportation, and Portland Streetcar, Inc. (PSI), have reviewed the Evaluation Alternatives Report as well as recommendations from the Lake Oswego to Portland Resolution 07-57, Supporting the Recommendations of the Lake Oswego to Portland Steering Committee Page 1 of 2 Advisory Committee (LOPAC), and have recommended that the project alternatives as outlined in Attachment A should be forwarded to Metro Council for further study in a Draft Environmental Impact Statement; and BE IT RESOLVED by the City Council of the City of Lake Oswego: Section 1. The Lake Oswego City Council hereby supports the September 10, 2007 recommendation of the Lake Oswego to Portland Transit and Trail Alternatives Analysis Steering Committee, attached as Exhibit A, generally including streetcar and enhanced bus modes, two alternative streetcar alignments and two termini options and one minimum operable segment. Section 2. The City Council urges that Metro incorporate the recommended project alternatives into the study for the Draft Environmental Impact Statement for the Highway 43 Corridor. Section 3. The City Council conveys that support for study of the MOS to Nevada Street should not be viewed as support for streetcar to Nevada Street as a project terminus as it would not meet the identified Purpose and Need for the project and would significantly increase the cost of the project. Section 4. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the meeting of the City Council of the City of Lake Oswego held on the 2nd day of October, 2007. AYES: NOES: EXCUSED: ABSTAIN: Judie Hammerstad, Mayor ATTEST: Robyn Christie, City Recorder APPROVED AS TO FORM: David Powell City Attorney Resolution 07-57, Supporting the Recommendations of the Lake Oswego to Portland Steering Committee Page 2 of 2 CITY OF LAKE OSWEGO COUNCIL REPORT TO: Stephan Lashbrook, Interim City Manager FROM: Jane Heisler, Director of Public Affa' SUBJECT: Adoption of Resolution 07-57, Supporting the Lake Oswego to Portland Transit and Trail Alternatives Steering Committee Recommendations for the Draft Environmental Impact Study for the Highway 43 Corridor DATE: September 27, 2007 ACTION: Adopt Resolution 07-57 (Attachment 1), supporting the advancement of two transit mode alternatives and alignments and their accompanying trail components, two termini options and a minimum operable segment (MOS) for further study in a Draft Environment Impact Statement. BACKGROUND AND DISCUSSION: The two year Lake Oswego to Portland Transit and Trail Alternatives Analysis Evaluation has come to a close, culminating in a recommendation from the Steering Committee regarding which transit modes, alignments, termini and trail options should move forward for further study. This recommendation is found in Attachment 2, with a graphic summary in Attachment 3. The Steering Committee recommendations considered recommendations from: • The Project Advisory Committee (LOPAC, July 31, 2007) • The Project Management Group (PMG, September 3, 2007) • Public input received during the two open houses (June 27 and 28, 2007) • All other comments received and described in the Public Comment Summary (September 10, 2007) • The Lake Oszvego to Portland Transit and Trail Alternatives Analysis Evaluation Summary Public Reviezv Draft (July 31, 2007) which provides the technical analysis and evaluation. A wide range of options were evaluated in the process, including 1) a no -build option, 2) Bus Rapid Transit (BRT), 3) streetcar, 4) river transit, 5) reversible lanes and 6) widening of Adopt Resolution 07-57, Accepting the Steering Committee's Recommendation for Transit and Trail Options for Further Study in a DEIS Pagel of 2 Highway 43. The most in-depth analysis was provided for BRT and streetcar as the most viable transit modes. The Steering Committee's recommendations for modes for further study include the no -build option, streetcar and an "enhanced bus", as a more practical option to BRT in the corridor, since it would avoid the property impacts of BRT while providing improved service. The Steering Committee concluded that a continuous, safe trail would provide a critical link in the corridor. The Committee also acknowledged that a great deal of community support was expressed for a trail through the process. Regarding trail options, the Committee recommended that a trail component should advance for further study, following additional refinement of the following considerations: • Determination of trail project sponsors and potential funding sources. • Additional design work lower capital costs and impacts. • Examination of outstanding legal questions surrounding the use of the Willamette Shore Line right of way for a trail. • Additional study to evaluate options for other continuous Lake Oswego to Portland routes, such as the use of the Portland and Western Railroad Bridge across the Willamette to existing bike routes connecting to the Sellwood Bridge. RECOMMENDATION: Adopt Resolution 07-57, supporting the recommendation of the Lake Oswego to Portland Transit and Trail Alternatives Steering Committee advancing alternatives to a Draft Environmental Impact Statement Phase of study. Attachments: 1. Resolution 07-57 2. Lake Oswego to Portland Transit and Trail Alternatives Analysis 3. Map of Transit Project Alternatives to Be Advanced for DEIS Adopt Resolution 07-57, Accepting the Steering Committee's Recommendation for Transit and Trail Options for Further Study in a DEIS Page 2 of 2 RESOLUTION 07-57 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL SUPPORTING THE LAKE OSWEGO TO PORTLAND TRANSIT AND TRAIL ALTERNATIVES ANALYSIS STEERING COMMITTEE RECOMMENDATIONS FOR THE DRAFT ENVIRONMENTAL IMPACT STATEMENT STUDY FOR THE HIGHWAY 43 CORRIDOR. WHEREAS, the Regional Transportation Plan (RTP) designates Highway 43 between Portland and Lake Oswego as a planned frequent bus line and the Willamette Shore Line Rail right of way as a planned/ proposed streetcar line; and WHEREAS, in 1988, the City of Lake Oswego, along with six other agencies, purchased the Willamette Shore Line rail right of way for the purpose of preserving the line for future high capacity transit; and WHEREAS, the City of Lake Oswego has adopted a Transportation System Plan as a component of its Comprehensive Plan that indicates that Hwy. 43 is a congested corridor, and that the Willamette Shore Line right of way should be preserved for future high capacity transit; and WHEREAS, the City of Lake Oswego, along with other regional partners, has through its actions over the past 19 years, supported efforts to encourage future high capacity transit between Lake Oswego and Portland by contracting with the Oregon Electrical Railway Historical Society to operate a seasonal trolley on the Willamette Shore Line right of way in order to preserve its use for future high capacity transit; and WHEREAS, in 2004, the City Council of the City of Lake Oswego appointed a Downtown Transit Alternatives Advisory Committee (DTAAC), consisting of neighborhood, business and transportation representatives, which examined preferred transit options for the City of Lake Oswego; and WHEREAS, in 2005, Metro applied for and attained Metropolitan Transportation Improvement Program funds in order to conduct a Transit and Trail Alternatives Analysis to examine transit and trail options in the Highway 43 Corridor, including the Willamette Shore Line right-of-way, and the City of Lake Oswego contributed funding for a portion of the local match, along with the City of Portland and TriMet; and WHEREAS, an Alternatives Analysis, consistent with Federal Transit Administration requirements, was conducted; and WHEREAS, representatives on the Transit and Trail Steering Committee, consisting of elected and appointed members from the City of Lake Oswego, the City of Portland, Multnomah and Clackamas Counties, TriMet, Metro, Oregon Department of Resolution 07-57, Supporting the Recommendations of the Lake Oswego to Portland Steering Committee Page 1 of 3 416'ekmard- Transportation, and Portland Streetcar, Inc. (PSI), have reviewed the Evaluation Alternatives Report as well as recommendations from the Lake Oswego to Portland Advisory Committee (LOPAC), and have recommended that the project alternatives as outlined in Attachment A should be forwarded to Metro Council for further study in a Draft Environmental Impact Statement; BE IT RESOLVED by the City Council of the City of Lake Oswego: Section 1. The Lake Oswego City Council hereby supports the September 10, 2007 recommendation of the Lake Oswego to Portland Transit and Trail Alternatives Analysis Steering Committee, attached as Exhibit A, generally including streetcar and enhanced bus modes, two alternative streetcar alignments, two termini options and one minimum operable segment. Section 2. The City Council urges that Metro incorporate the recommended project alternatives into the study for the Draft Environmental Impact Statement for the Highway 43 Corridor. Resolution 07-57, Supporting the Recommendations of the Lake Oswego to Portland Steering Committee Page 2 of 3 Section 3. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the meeting of the City Council of the City of Lake Oswego held on the 2nd day of October, 2007. AYES: NOES: EXCUSED: ABSTAIN: Judie Hammerstad, Mayor ATTEST: Robyn Christie, City Recorder APPROVE TO FORM: David Powell City Attorney Resolution 07-57, Supporting the Recommendations of the Lake Oswego to Portland Steering Committee Page 3 of 3 Lake Oswego to Portland Transit and Trail Alternatives Analysis Steering Committee Recommendation Alternatives to be Advanced into a Draft Environmental Impact Statement Work Program Considerations Adopted September 10, 2007 METRO Aft4MMW+ I--- Steering Committee Recommendation Alternatives to Advance into a Draft Environmental Impact Statement Adopted September 10, 2007 I. OVERVIEW This document presents the recommendations of the Steering Committee to the Metro Council for alternatives to be advanced into a Draft Environmental Impact Statement for the Lake Oswego to Portland corridor. The transit alternatives and their accompanying trail components have been fully evaluated against the project's purpose and need and goals and objectives, and this evaluation is documented in the Lake Oswego to Portland Transit and Trail Alternatives Analysis Evaluation Summary Public Review Draft dated July 12, 2007. The Steering Committee recommendations also consider recommendations from the Lake Oswego to Portland Project Advisory Committee (LOPAC) dated July 31, 2007, the findings of the Project Management Group dated September 3, 2007, public input received during the two public open houses held on June 27 and 28, 2007 and the public hearing held on July 16, 2007 as well as all other comments received as described in the Public Comment Summary dated September 10, 2007. This recommendation discusses transit mode, terminus of the transit project and specific alignments. In addition, a strategy is presented for further development of a trail connection in the corridor. The mode section presents findings and recommendations regarding the No -Build, Bus Rapid Transit (BRT) and Streetcar alternatives. The terminus section presents findings and recommendations about the three terminus options including the Trolley, Safeway and Albertsons termini sites. The alignment section describes findings and recommendations for the three potential streetcar alignments within the John's Landing area; the Willamette Shore Line right of way, SW Macadam Avenue and the John's Landing Master Plan alignment. II. FINDINGS AND RECOMMENDATIONS Context The Lake Oswego to Portland corridor is environmentally, topographically and physically constrained. Future roadway expansion is not anticipated and previous planning studies have concluded that a high capacity transit improvement is needed to provide additional capacity. In 1988, a consortium of seven government agencies purchased the Willamette Shore Line right of way connecting Lake Oswego to Portland for the purpose of preserving the rail right of way for future rail transit service. The 2004 Regional Transportation Plan (RTP) identified the need for a corridor refinement plan for a high capacity transit option for this corridor, which was the genesis of this alternatives analysis. Existing and future traffic conditions in this corridor are projected to worsen as population and employment projections for Portland, Lake Oswego and areas south of Lake Oswego in Clackamas County continue to grow. The corridor already experiences long traffic queues, poor levels of service and significant capacity constraints at key locations. Travel times in the corridor are unreliable due to congestion on Highway 43. Lake Oswego to Portland Transit and Trail Alternatives Analysis Steering Committee Recommendation — September 10, 2007 Project Sequencing A transit project in the Lake Oswego to Portland Corridor is one of several regional projects that would seek funding through FTA's New Starts and Small Starts funding programs. The financial analysis prepared during this alternatives analysis evaluated the sequencing of funding for this project based on current regional commitments. The Milwaukie to Portland Light Rail Project is the region's top priority for FTA New Starts funding following projects currently funded and under construction. The Columbia Crossing Project would also include a New Starts transit component and is proceeding concurrently with the Milwaukie to Portland LRT Project. The Portland Streetcar Loop project is the region's priority project for FTA Small Starts funding. The Lake Oswego to Portland Corridor Project would be the region's next priority for FTA funding, with construction funding capacity becoming available starting in 2012 and continuing through 2017. In order to fit into the regional sequence of projects, the Steering Committee recognizes that the Portland to Lake Oswego Corridor Draft Environmental Impact Statement would need to be initiated in Fall 2008 as the Milwaukie to Portland Light Rail Project Final Environmental Impact Statement nears completion. In the Work Program Considerations section of these Steering Committee findings and recommendations, a number of steps are outlined which would need to be taken prior to the initiation of the DEIS, including preparation of a more detailed schedule that identifies key New Starts milestones and deliverables for the project. Willamette Shoreline Right of Way The Willamette shoreline rail right of way was purchased from the Southern Pacific Railroad in 1988 for $2 million dollars by a consortium of local governments including Metro, the cities of Lake Oswego and Portland, Clackamas and Multnomah counties, the Oregon Department of Transportation (ODOT) and TriMet. Knowing that the Highway 43 corridor is very constrained; the purchase was made with the intent of preserving the corridor for future transit use. The value of the right -of way has increased dramatically over 20 years. TriMet estimates currently value the right-of-way at $75 million in 2007 dollars. This value is critical to a transit project that would use the right-of-way because the value of the right of way can be counted as local match for federal funds. A request for New Starts project funding from the Federal Transit Administration would typically be for 60 percent of a project's capital cost leaving 40 percent to be supplied locally. If $75 million in right of way value were applied as part of local match, the remaining share of local funds required would be significantly reduced. For the reasons stated above, whether an alternative uses the Willamette Shore Line right-of- way is a significant factor in project funding. For the Streetcar alternative, the $75 million value of the Willamette Shore Line right of way could leverage as much as $112.5 million in federal funds. Because it would not be using the right of way, the BRT alternative would not be able to leverage value of the right of way as part of its funding plan. A. Transit Mode: Streetcar Streetcar is the transit mode that best meets the project's purpose and need and the goals and objectives for the Lake Oswego to Portland Transit and Trail Alternatives Analysis. Lake Oswego to Portland Transit and Trail Alternatives Analysis Steering Committee Recommendation - September 10, 2007 The Steering Committee recommends that the Streetcar mode advance for further study in a Draft Environmental Impact Statement (DEIS) because: • Streetcar would have the highest ridership of all the transit alternatives. ■ Streetcar travel times would be up to 18 minutes faster between key corridor destinations and would be more reliable than the other transit alternatives. In peak travel periods, the Streetcar would provide faster travel times than autos between downtown and Lake Oswego. Faster travel time and higher reliability is gained through operation of streetcar in exclusive right of way on the Willamette Shore Line. ■ Streetcar would have the lowest operating and maintenance costs of any alternative, including the No -Build. This is due to the marginal cost of extending a line that already operates in the corridor, the carrying capacity of the Streetcar vehicles compared to buses and the travel time advantage over BRT and No -Build. The Streetcar also replaces some corridor bus service, which results in a cost savings. ■ The Streetcar alternative could leverage up to 3.3 million square feet of total new transit supportive development within three blocks of the proposed alignments. • Streetcar is compatible with the existing transit system and would operate as an extension of the existing streetcar line that operates between NW 23rd Avenue and the South Waterfront. ■ The $75 million of value in the Willamette Shoreline right of way could leverage as much as $112.5 million in federal funds if the project proceeds as a Federal Transit Administration (FTA) News Starts project. The Steering Committee recommends that the Bus Rapid Transit (BRT) mode not advance for further study in a DEIS because: ■ It may not be a practical option to achieve the travel time and ridership as modeled in this alternatives analysis. The queue bypass lanes used to bypass congestion at key intersections in the BRT alternative would have to be extended to between 500 and 1,000 feet instead of the 200 feet in the current designs and cost estimates. ■ The BRT alternative would include property impacts at the key intersections where transit improvements are constructed. There would be additional property impacts associated with the additional queue jump length required to bypass congestion. This also would include removal of trees within the sidewalk area. • Initial BRT capital costs were the lowest of all the transit alternatives, however, these do not include the additional costs of the longer queue jump lanes, which would be required. ■ The BRT alternative would have the highest operating cost due to the greater number of vehicles required to meet demand, and the fact that the BRT line would require added service, unlike the Streetcar alternative which would replace existing bus service. ■ For the entire length of the corridor, BRT travel times are subject to the same delays and congestion as the general traffic in areas where queue jump lanes are not provided, resulting in decreased reliability. ■ The BRT alternative would not leverage transit supportive economic development beyond what would be expected with the No -Build alternative. ■ The BRT alternative would not leverage the $75 million value of Willamette Shore Line right of way, which could match federal transit funding of up to $112.5 million. The Steering Committee recommends that an enhanced bus alternative be studied as a more practical option for this constrained corridor. Such an option would avoid the property impacts of the BRT while providing improved service, bus pullouts where possible and better shelters and lighting at stations. Enhanced bus would act as the base case for comparison Lake Oswego to Portland Transit and Trail Alternatives Analysis Steering Committee Recommendation — September 10, 2007 to Streetcar alternatives in the DEIS. It would operate in mixed traffic, though this has implications for travel time, reliability and long-term efficiency of the line. B. Alignments: Willamette Shore Line and SW Macadam Avenue During the alternatives analysis process three alignments were evaluated in the John's Landing area: the Willamette Shore Line right of way, SW Macadam Avenue and the John's Landing Master Plan alignment. The Steering Committee recommends that two alignment options be studied further in the John's Landing area north of the Sellwood Bridge: the Willamette Shore Line right of way alignment and the SW Macadam Avenue alignment. In addition, combinations of the two alignments should be evaluated to maximize the potential benefits and minimize impacts in the John's Landing area. The Steering Committee recognizes that alignments, which would avoid or minimize impacts through John's Landing, may need to be developed that are not part of either the Macadam Avenue or Willamette Shoreline alignments. These could include all or portions of the John's Landing Masterplan alignment or other rights of way. The Steering Committee recommends that the Willamette Shore Line right of way alignment advance for further study for the following reasons: ■ Streetcar on the Willamette Shore Line right of way would yield higher reliability and faster travel times than the other alignments due to the 100% exclusive right of way. ■ The Willamette Shore Line right of way is in public ownership and could potentially be used as local match towards the capital cost of the project. Current estimates value the entire right of way at $75 million. For the portion north of SW Nevada Street, the value of the right of way is estimated at approximately $35 million, which could leverage an additional $58 million in federal funds. ■ The Willamette Shore Line Right -of -Way alignment has received public support from Lake Oswego residents because it has faster travel time, better reliability and less impact to Highway 43 traffic operations and safety than an alignment that would use Macadam Avenue in John's Landing. The Steering Committee recommends that the SW Macadam Avenue alignment advance for further study for the following reasons: ■ The SW Macadam Avenue alignment would leverage the most potential transit supportive development, approximately 2.2 million square feet of total new development in John's Landing. ■ The SW Macadam Avenue alignment would avoid some of the potential property impacts associated with use of the Willamette Shore Line right of way. ■ The SW Macadam Avenue alignment has emerged with the most public support from residents and businesses in John's Landing. Note: The Steering Committee recognizes ODOT's expressed concerns regarding the SW Macadam Avenue alignment option and will ensure that questions related to potential streetcar operations in mixed traffic on SW Macadam Avenue are addressed. South of the John's Landing area and north of the Trolley Terminus site in Lake Oswego, the Willamette Shore Line right of way was the only alignment to advance to the completion of the alternatives analysis. As part of its design option narrowing decision, The Steering Committee eliminated Highway 43 south of John's Landing from consideration as a Lake Oswego to Portland Transit and Trail Alternatives Analysis Steering Committee Recommendation — September 10, 2007 Streetcar alignment for safety and operational reasons, making the Willamette Shore Line alignment the only option in this segment of the corridor. The Evaluation Summary Report contains a description of the alternative and design option narrowing decisions that were made during the alternatives analysis. C. Termini: Albertsons and Safeway The Steering Committee recommends that the Albertsons and Safeway termini should advance into the DEIS. The Trolley terminus should not be advanced into the DEIS. These termini options are preferred because they would serve more population and employment, have higher ridership, disperse park and ride spaces, and have greater potential for transit - supportive development while demonstrating similar traffic impacts. The Steering Committee recommends that the Albertsons terminus advance for further study for the following reasons: • The Albertsons terminus would allow for the possible future extension of Streetcar south to West Linn or Oregon City. • The Albertsons terminus has strong public support from the residents south of Lake Oswego and citizens within Lake Oswego. In 2006, Lake Oswego's Downtown Transit Alternatives Analysis Committee (DTAAC) recommended the Albertsons terminus site, partly because it would intercept traffic from the south before it reaches the center of downtown. ■ The Albertsons terminus could generate substantial transit supportive development in Lake Oswego (0.9 million square feet). The Steering Committee recommends that the Safeway terminus advance for further study for the following reasons: ■ The Safeway terminus would allow for the possible future extension of Streetcar to the west. ■ The Safeway terminus could provide park and ride access west of downtown Lake Oswego, intercepting traffic before it reaches the center of downtown. ■ The Safeway site could leverage the most potential transit supportive development (1.1 million square feet in Lake Oswego), as compared to the Albertsons or Trolley terminus options. ■ The Safeway site would allow the Streetcar to act as a circulator for trips within downtown Lake Oswego between the Foothills district and the west end of downtown. The Steering Committee acknowledges that an at -grade crossing of streetcar with Highway 43 under the Safeway terminus option would require additional study and coordination with ODOT and the City of Lake Oswego to ensure that a safe and efficient crossing is feasible. Additionally, the Steering Committee acknowledges that it may be necessary to construct a project that would utilize the Trolley Terminus as a temporary interim terminus while joint development construction plans are finalized at either the Albertsons or Safeway terminus sites. Lake Osivego to Portland Transit and Trail Alternatives Analysis Steering Committee Recommendation — September 10, 2007 D. Minimum Operable Segment (MOS) If a full-length project cannot be built for financial or other reasons, the FTA allows for Minimum Operable Segments (MOS) to be considered as interim termini for a project. In this corridor, preliminary analysis was done for a MOS for Streetcar that would terminate in the vicinity of Nevada Street in John's Landing on either the Willamette Shore Line right-of- way or the Macadam Avenue alignments. The Steering Committee recommends that this alternative advance for further study for the following reasons: ■ Significant public support was expressed for this option from participants in the process all through the corridor. ■ A minimum operable segment (MOS) provides flexibility to initiate a project with available funding while pursuing additional funding to complete the remainder. III. TRAIL CONSIDERATIONS Context As part of the Willamette River Greenway vision, a trail was proposed to run along the Willamette Shore Line right of way from Willamette Park in Portland to downtown Lake Oswego between Highway 43 and the Willamette River. As part of this Alternatives Analysis, the feasibility of a continuous trail between Portland and Lake Oswego was evaluated. Each transit alternative carried with it a complementary trail component. The BRT alternative would have used the Willamette Shore Line right of way for exclusive trail use. The Streetcar alternative, which the Steering Committee recommends further study, would require shared use of the Willamette Shoreline between Streetcar and a trail. The discussion below focuses on the trail components that would accompany the Streetcar alignments. A. Trail Component The bike and pedestrian trail component of this study has received tremendous community support. A trail in the corridor would provide a critical link in the regional transportation system, connecting other regional and local trails. A continuous, safe and level trail component is a desired outcome in this corridor. However, as currently designed, the trail component may not be practical to build for its entire length because of the high capital costs associated with shifting the Streetcar alignment to accommodate the trail in a tightly constrained right of way and very difficult topography. Because some portions of the trail are more easily implemented than others, and because funding for the entire trail may not be available at one time, the trail may need to be developed in phases. B. Trail Component Refinement Next Steps The Steering Committee recommends that a trail component advance for further study. However, additional refinement is needed to determine how to advance the trail and the Lake Ostivego to Portland Transit and Trail Alternatives Analysis Steering Committee Recommendation — September 10, 2007 transit alternatives, either together or separately. The following identifies additional considerations for the trail and next steps: ■ Further consideration is required to determine trail project sponsors and potential funding sources. Metro may or may not be the appropriate agency to lead the effort to advance a trail in the corridor. • Additional design work is needed to identify ways to design and construct a trail in this corridor with lower capital costs and impacts while still accommodating the transit project. The trail design should change and adapt to constraints in the corridor. The width of the trail does not need to be the same for the entire alignment and flexibility will be required with regard to various jurisdictions design standards and requirements. ■ Trail phasing should be considered so that the most cost-effective segments could move forward. The additional design work required for the more difficult and expensive portions will take more time and effort. ■ Additional study is needed to evaluate the potential for the Portland and Western railroad bridge and an eastside connection to the Sellwood Bridge to provide a useful pedestrian and bike trail connection between Lake Oswego and Portland ■ Further study is needed regarding the outstanding legal questions in order to facilitate decisions about the Willamette Shore Line right of way and its use for a trail. IV. WORK PROGRAM CONSIDERATIONS Several actions are needed prior to advancing the project into the Draft Environmental Impact Statement phase of project development. Because a DEIS for the Lake Oswego to Portland Corridor is not included in Metro's current fiscal year budget, it is recognized that there will be a gap before the DEIS can commence. 1. The following actions are recommended by the Steering Committee to advance the project into the Draft Environmental Impact Statement: a. Metro should work with the FTA to Publish a Notice of Intent to Prepare a Draft Environmental Impact Statement in the Federal Register, and initiate the DEIS Scoping Process. The FTA has recommended that this action be taken immediately. This action would ensure that all of the work completed during the alternatives analysis would be documented under the National Environmental Policy Act (NEPA). Public comment received prior to the Metro Council action on advancing the project into the DEIS phase would also be included as part of the NEPA record. The Scoping phase of a DEIS includes meetings with the public as well as local, state and federal agencies and affected tribal jurisdictions. The dates of the public, agency and tribal meetings would be published along with the notice of intent. The Scoping meetings present proposed alternatives and solicit input on potential additional alternatives that could be included in a DEIS. b. Metro should prepare a work scope, budget and schedule for the DEIS. In order to secure funding for a DEIS, a cost estimate is required. The estimate is based on a scope of work and schedule that meet all appropriate FTA and NEPA requirements. This DEIS will need to meet new requirements for public and agency participation covered under Section 6002 of the SAFETEA-LU Act. Lake Oswego to Portland Transit and Trail Alternatives Analysis Steering Committee Recommendation — September 10, 2007 Metro staff will convene the PMG to discuss and review the scope of work, schedule and budget, including agency roles and responsibilities during the DEIS phase. c. Metro should work with project partners, through the Project Management Group, to identify and secure funding for the DEIS. Along with the scope, schedule and budget, Metro will work with project partners to identify potential sources of funding for the DEIS, as well as the next phases of project development, Preliminary Engineering and the Final Environmental Impact Statement. Potential sources of funding include FTA Section 5339 or other funds through the MTIP process, and local jurisdiction, TriMet, or ODOT contributions. 2. In order to advance the goal of implementing a bicycle and pedestrian trail that connects Portland and Lake Oswego, the Steering Committee recommends that the following steps should be taken: a. Metro, with assistance from project partners through the TAC and PMG, should develop a process to undertake the Trail Refinement Next Steps listed above. The result of this process would be to resolve key issues and determine the relationship of the trail and the transit project during the DEIS phase. Of particular importance are: i. Involvement of the public and advocacy groups in improving the trail concept ii. Definition of the lead agency for advancement of a trail iii. Development of an approach to reduce capital costs iv. Analysis of possible phasing of trail segments v. Identification of potential trail capital funding sources 3. Prior to initiation of the DEIS, Metro, with the assistance of the PMG, should develop actions or conditions for each participating agency that would help to ensure that the project can meet FTA thresholds with regard to ridership and financing and achieve the important development objectives for the Corridor. These could include: a. Development of local funding mechanisms b. Demonstrated progress toward development objectives c. Resolution of technical issues, e.g. ODOT concerns regarding the SW Macadam Avenue alignment d. Threshold criteria for selecting a full-length option over an MOS or vice versa 4. The following Steering Committee concerns need to be addressed by Metro and its project partners as the project moves forward into a DEIS: a. The alternative should be constructed in such a manner as to allow coordination with transportation alternatives across the Sellwood Bridge or its replacement. b. Maximize the alternative to establish a safe and attractive transit, pedestrian and bicycle route from Lake Oswego to Portland. Minimize negative impacts to residents and property values. Lake Oswego to Portland Transit and Trail Alternatives Analysis g Steering Committee Recommendation — September 10, 2007 Transit Project Alternatives To Be Advanced for DEIS Elm Streetcar Enhanced Bus Alternative '4 t � 7 �- Minimum Operable Segment (MOS) - vicinity of Nevada St. { _ s s - f / a/ r� r� Lake Oswego 1' Safeway l_.� j� &Ibertsons -- Streetcar Trail Enhanced Bus Mode: Streetcar Enhanced Bus Lake Oswego 40 Portland TRANSIT AND TNAIL STI/DT Alignment: +Willamette Shore Line + Macadam Avenue Combinations of above plus all or part of John's Landing Master Plan alignment may be studied to maximize benefits and minimize impacts in John's Landing Terminus: + Safeway +Albertsons Minimum Operable Segment: +John's Landing - vicinity of Nevada Street AAacholt4 3 t � { _ s s - f / a/ r� r� Lake Oswego 1' Safeway l_.� j� &Ibertsons -- Streetcar Trail Enhanced Bus Mode: Streetcar Enhanced Bus Lake Oswego 40 Portland TRANSIT AND TNAIL STI/DT Alignment: +Willamette Shore Line + Macadam Avenue Combinations of above plus all or part of John's Landing Master Plan alignment may be studied to maximize benefits and minimize impacts in John's Landing Terminus: + Safeway +Albertsons Minimum Operable Segment: +John's Landing - vicinity of Nevada Street AAacholt4 3