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HomeMy WebLinkAboutApproved Minutes - 2001-01-12 AM °� CITY COUNCIL RETREAT MINUTES '� Iv, January 12, 2001 Afternoon Session Mayor Judie Hammerstad called the City Council special meeting to order at 8:10 a.m. on January 12, 2001, at the Oswego Heritage House, 398 10`h Street. Present: Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, McPeak and Hoffman. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, Deputy City Recorder; Joe Hertzberg, Facilitator Mr. Hertzberg reconvened the meeting at 12:50 p.m. The Council and staff recounted their individual plans for the coming year. 2. GOAL SETTING 2.3 Ongoing major projects: Level of priority • Street maintenance funding Councilor McPeak spoke in support of a street maintenance fee as the most intelligent way to implement stable funding for street maintenance. She proposed educating the city for a vote on the issue in two years. She observed that first the Council had to agree that this was the course to pursue. She argued that the problem would only get worse as more people used the roads. She held that the cobbling together of funding, including a bond measure to catch up on unmet needs, was not a `grown-up' way to handle the problem. She spoke to the Council supporting this method more enthusiastically and undertaking a productive effort to send this decision to the citizens, where it belonged. Councilor Graham concurred. She mentioned a report in the Oregonian about Clackamas County instituting a $5 a month road utility tax because they too have fallen behind in street maintenance. She agreed that the decision needed to go to the voters but not without the Council doing its homework first and doing a good job of presenting the facts to the citizens of what needed to be done, how much money the City had available for maintenance, and what the shortfall was. Mayor Hammerstad commented that she did not think that the County would be able to get a road utility tax through, as there was tremendous opposition to any kind of funding for anything. She questioned how the County would administer it if it did get it passed, as it had no utility billing system. She observed that the cities could efficiently administer such a fee because of their utility billing systems. She suggested discussing how to fund street maintenance as a part of the strategic financial plan. Councilor Rohde spoke to implementing a street utility fee this year, even if it was by a vote of the people. He noted that the fee was approximately $4.80 per household per month, and would raise sufficient revenue to enable the City to fund street maintenance completely. He suggested that people who could not afford the fee be eligible for the utility assistance program. He emphasized that this fee worked in Wilsonville, Ashland and Tualatin. Councilor Rohde indicated to Councilor McPeak that Lake Oswego could ensure that the citizens agreed with the fee by doing a comprehensive public education program, similar to those conducted by Wilsonville and Tualatin. He stated that the people recognized that the fee made sense, especially when based on trip generation and the City explained the alternatives clearly. City Council Retreat Minutes—Afternoon Session Page 1 of 14 January 12, 2001 Councilor Rohde pointed out that most people did not see a connection between a property tax levy and road maintenance. He observed that the City did not want to keep bonding 10-year maintenance projects with 20-year bonds. He argued that a local gas tax would not work and would not provide sufficient revenue in any case. He reiterated that the utility fee was the only method that made logical sense for Lake Oswego. Mayor Hammerstad commented that a levy was tax deductible but a utility fee was not. Councilor Schoen concurred with Councilor Rohde. He stated his preference not to take the decision to the voters, provided the City had a good education program. He spoke to the Council being forward thinking and making the decision, rather than sending it to the voters who would mostly likely vote it down. Councilor McPeak reiterated that the best road would be the voters saying yes. Mayor Hammerstad commented that she thought that would be difficult, as it was not a well- understood fee. She stated that she was not yet sold on it. She suggested finding a different name for it because `street utility fee' implied a surcharge on the utilities for maintenance, which made no sense. Mayor Hammerstad suggested sending this to the Transportation Advisory Board for review. Councilor Rohde concurred. Councilor Schoen pointed out that right now the streets were in pretty good shape; they needed to move on this now in order to keep up with the daily maintenance. • Neighborhood Traffic Calming Mr. Schmitz indicated that the City funded between $20,000 to $30,000 a year for traffic calming devices from 1995, when the Council set up the Neighborhood Traffic Advisory Board, until the previous Council developed a policy of not funding traffic calming devices. He commented that those neighborhoods that received approval to install speed bumps from the Traffic Advisory Board(but could not raise the $1,800 to $2,000 per bump cost on their own) were waiting for the new Council before asking it to reconsider the current policy against funding traffic calming devices. Councilor Rohde spoke in support of funding traffic calming devices, which he stated for the record was not eligible for hotel/motel tax dollars. He suggested that the City look beyond speed bumps and consider other kinds of traffic calming devices, such as traffic circles (which worked well in Portland). He noted that traffic circles cost between $10,000 to $40,000. Councilor Hoffman characterized this as a neighborhood livability issue. He concurred with Councilor Rohde that they should look for other ways to slow down traffic and to maintain neighborhood livability. He noted that the previous Council held that neighborhood traffic was a neighborhood problem, and therefore the neighborhoods should pay for it. He discussed the inherent difficulty he saw with the previous Council's position, in that maintaining the public good was one reason why governments existed. He spoke of a philosophy of seeing this problem as a community livability issue. Councilor Schoen commented that he only heard people from First Addition talk about speeding, although most of the speeding occurred on major streets. He said that it would be cheaper to install more stop signs in First Addition to slow down traffic. He indicated that he was philosophically opposed to speed bumps per se. He held that it became a question of priorities on maintenance. Councilor McPeak said that she had a mildly negative point of view towards speed bumps but she would support the Council majority position. She mentioned that she has lived in places without any speed bumps, leading her to question why Lake Oswego had to have so many speed bumps. She concluded that it meant that the citizens refused to obey the law, which puzzled her. City Council Retreat Minutes—Afternoon Session Page 2 of 14 January 12, 2001 Councilor Rohde argued that stop signs did not work. He conceded that it sounded counter- intuitive. He emphasized that all studies have found that speeds remained the same or increased with stop signs because psychologically the people felt that they had to speed up to make up the time lost in stopping at a stop sign. He mentioned the issue of enforcement with stop signs, which required hiring more police officers. Councilor Rohde stated that the public education program has failed miserably. He argued that public safety was a fundamental responsibility of government, and that traffic-calming devices been proven to reduce speeds on streets. He spoke to Lake Oswego actively pursuing a spot on the list of cities approved for photo radar on local streets. Councilor Hoffman asked if there were other neighborhoods besides First Addition that wanted to slow down traffic. Mr. Schmitz said yes, mentioning traffic counts done last week on Lakeview and Palisades Terrace. Councilor Turchi stated his dislike of speed bumps and his support of them in preference to stop signs. He commented that, while the calming influence of traffic calming devices was important for neighborhoods, he wanted the City to look at others ways to enhance neighborhood livability. Councilor Graham commented that photo radar might be a way to get people's attention. She indicated her reluctance to install speed bumps and stop signs. She observed that, while traffic circles might be tempting, they were also expensive. Councilor Hoffman mentioned the larger transportation picture consideration of speed bumps working together with pedestrian and other modes of travel in making it safer to cross the street. Mayor Hammerstad suggested discussing this under neighborhood plans and their funding. • Other Transportation issues Councilor Rohde acknowledged the funding in last year's budget to build 14 bus shelters in Lake Oswego but indicated that they needed many more. He suggested developing a 'Lake Oswego' style bus shelter design. He mentioned his strong advocacy of alternative modes. He characterized the transit center issue as both a transportation issue and a downtown redevelopment issue. Councilor Rohde suggested that the City look at preparing to purchase the Magid and Buford Buildings on State Street at the end of A Avenue as a possible site for a transit center with access to the buses and the trolley or commuter rail line. He spoke to building a four story parking garage for park `n ride on the excess PGE substation property, which would not be visible from street level because of the grade change. Councilor Rohde indicated that Tri-Met would be willing to fund the transit center 100% if the City redeveloped the area between State and the river. He mentioned that federal funding for transit centers was a slender possibility, and that the City would have to make a contribution. He said that Tri-Met was willing to start the planning for the transit center if the City rezoned that area in preparation for redevelopment. He indicated to Councilor Graham that part of the intent was to move the park `n ride folks out of the Safeway parking lot. Mr. Schmitz indicated to Councilor Graham that the City did look into purchasing the Magid Building six years ago but the owner wanted double the appraised price. Councilor Rohde commented that the City would probably have to go to eminent domain, as Mr. Magid did not like the City. • Neighborhood Compatibility/Large House-Small Lot Councilor Hoffman characterized the large house-small lot issue as a symptom of larger problems. He discussed how Lake Oswego's topological boundaries limiting lot size and its older housing stock often resulted in teardowns over remodeling. He held that this issue was a City Council Retreat Minutes—Afternoon Session Page 3 of 14 January 12, 2001 response to the demand for housing and the limitations in the region on where one could build a house. Councilor Hoffman argued that this issue negatively affected the diversity in the community, in that a family obtaining a small house that had suited the previous owner would want to renovate it to 5,000 square feet. He reiterated that people did not like their immediate environment changing to the extent of a tear down and rebuild next door. He contended that this infill issue would affect the City Councils both now and in the future, in that the Council would become the adjudicator of neighborhood disputes. He pointed out that, in the days when the auto culture drove development, the developer set the CC&Rs; today the City set the lot sizes and setbacks. Councilor Schoen mentioned some discussion about reducing the height by zoning, as applicants have been interpreting height as eight feet taller than the Council intended it to be. He questioned what they could do about the five-foot side yard setbacks, especially since a new house would be massive compared to the little houses. He noted the issue of how to address density, and the strong feeling not to address the density issues according to Metro. He commented that developing down below State Street would increase the density in that area, and allow the City to maintain the existing densities that people wanted to see in the rest of the city. Councilor Graham commented that one thing that people found offensive about change was someone building a house that did not fit in with the `look' of the neighborhood. She spoke to rebuilds in a design style that was compatible with the feel of the neighborhood. Councilor McPeak spoke to imposing minimum requirements in order to maintain people's right to choose something of architectural merit. She emphasized that she would like to leave a lot of freedom for people to design their houses as they wished. Councilor Graham clarified that she did not mean identical houses. Councilor Rohde concurred with Councilor McPeak about allowing different architectural styles. He questioned how far the Council wanted to go on the issue large houses on small lots. He discussed his discomfort with mandating that if the houses on both sides of a lot were 1,200 square feet, then the house on the lot also had to be 1,200 square feet. He commented that the houses that people complained about in First Addition (where the owner built a larger house), he thought looked fine and created a diversity in the architectural makeup. Councilor Schoen acknowledged Councilor Rohde's point. He pointed out the irony that First Addition, as the least expensive property in Lake Oswego, would almost certainly redevelop over the next 20 years and completely change the look of the neighborhood. He held that the height was a serious issue but commented that he did not know how restrictive Council could get on the other standards. Councilor Graham reiterated that she did not oppose people putting in something new but she has seen houses built that did not reflect the look of the surrounding neighborhood; they were houses plunked down without any thought of their context. She stated that she did not like the idea of dictating standards but by the same token, the City did have different zones. She argued that it was not too much to ask that a replacement house be more compatible with the neighborhood, as opposed to a sore thumb that stuck out. Councilor Hoffman observed that what was happening in First Addition would happen in every neighborhood in the city and the region because all the houses would eventually need to be remodeled or expanded. He spoke to the community starting to think about what it wanted to look like in 40 years. He reiterated that the Council was the adjudicator of neighborhood disputes. He suggested developing a philosophy that drove the city. Councilor Hoffman mentioned the New Urbanism Conference that he and Councilor Rohde attended last year. He said that one of the underlying premises of New Urbanism was that the way one lived and where one lived had a profound influence on one's sense of community and sense of place. He commented that he thought that the opposition to change came from people City Council Retreat Minutes—Afternoon Session Page 4 of 14 January 12, 2001 objecting to the loss of their sense of place and community when something came in that did not fit. Mayor Hammerstad spoke to using Clackamas County Dispute Resolution in settling more of these neighborhood disputes, as the City's contract was currently underutilized. She pointed out that not all neighborhoods looked at neighborhood compatibility in the same way. She cited Crest Drive in Councilor Graham's neighborhood, as a street that was redeveloping into a more upscale neighborhood than what currently existed there. Mayor Hammerstad held that people had the right to build something in the interests of their family on their property. She observed that First Addition was different in that it was a closed community of interest. She commented that there were a few other neighborhoods like that in Lake Oswego, such as Glenmorrie, but not many. She expressed her hope that the neighborhood plans would address this issue. She held that someone could build a house that others did not like but that did not mean that it was incompatible with the neighborhood. Councilor Rohde noted the variety of architectural styles in his neighborhood. He held that the diversity in architecture that developed over time was one of the assets of his neighborhood. He pointed out that a family used to buy a lot and build a house; today developers built subdivisions of 60 houses at a time, like the subdivision on the lake. He commented that this issue was not high on his priority list but acknowledged that it was high on LONAC and First Addition's priorities. Councilor Turchi spoke to the Council looking at the options of what was and was not possible. He spoke in support of finding a way to approach the issue on a neighborhood basis, as opposed to a citywide approach. He stated that he was not interested in passing ordinances to create similar housing in a particular place. He held that it was an important issue that needed to be addressed. Councilor McPeak agreed that it needed to be addressed. She observed that many neighborhoods, including her own,preferred to see the less pleasing buildings located somewhere else. She spoke to each neighborhood in Lake Oswego having a responsibility to participate in the citywide and Metro goals. She disagreed with neighborhoods being able to opt out of whatever was not convenient. She indicated her preference that the Council philosophy be minimum interference with an individual's right to do with his property what he/she chose. Mr. Schmitz suggested that the Council inform the Planning Commission that it wanted to use First Addition as a template for the University of Oregon study and potentially amend its neighborhood plan to incorporate the results. He pointed out that this way they could see how the process worked without making citywide changes, and then apply the template elsewhere as the situation arose. Councilor Hoffman commented that they also had a problem on the lake. Councilor Schoen indicated that, with all the property gone, he saw more of a problem with variances than with process. Councilor Hoffman said that he did not mind using First Addition as a template because the Zoning Code did not work in First Addition or on the lake at this time. He argued that in 20 years the Zoning Code would not work in other neighborhoods as well, as the houses were not built to last forever and would need remodeling and expansion over time. Councilor McPeak mentioned her concern with the Council's view that it should be more directive of the Planning Commission than it was of other boards and commissions. She questioned why they were not willing to let the Commission come to the Council freely with its recommendations. Councilor Rohde commented that Councilor Lowery had championed this issue. He questioned whether this Council would have initiated it. Mr. Schmitz noted that the Planning Commission City Council Retreat Minutes—Afternoon Session Page 5 of 14 January 12, 2001 did not want to be in the position that the Natural Resources Advisory Board found itself in when it came back with its Canal Acres Master Plan recommendations and the Council said no. Mr. Schmitz indicated to Mayor Hammerstad that First Addition was the main neighborhood that saw the large house on a small lot issue as a need. Mayor Hammerstad said that her main interest would be in addressing the R-6 zone. She commented that the other neighborhoods she has observed that were getting older were not as well designed or platted as First Addition; the improvements were better than the old houses being replaced. She held that it was unlikely that these neighborhoods would see the monster houses, but even so, once the vegetation grew up, any discrepancy was not as noticeable. She indicated that this was not her top priority issue. Councilor Rohde mentioned that Lake Grove was the other neighborhood that expressed concern on this issue, as it also had many older, smaller homes with tear down and rebuilding of larger houses. Councilor Hoffman spoke to following Mr. Schmitz's suggestion to meet with the Planning Commission and the University of Oregon people to discuss limiting the study to First Addition as a case study. He mentioned seeing how that fit in with the New Urbanism philosophy. Mr. Hertzberg observed that most of the Councilors were nodding their heads in agreement. Councilor Rohde spoke to holding a philosophical discussion on the issue as part of setting policy. At that point, the Council would send its decision to the Planning Commission for implementation recommendations. Councilor Schoen discussed his concern that putting limitations on First Addition in an attempt to keep things the same for 20 years while at the same time planning to change the downtown dramatically was inconsistent. He argued that First Addition should develop along with the downtown. Mayor Hammerstad commented that she heard the majority of Councilors, except for Councilor Schoen, seeing some value in the preservation of First Addition as an historical neighborhood. She held that it was not incompatible to keep the old while building the new, as the old was also Lake Oswego. Mr. Hertzberg suggested that the Council schedule a philosophical discussion, noting that it should be scheduled in time to redirect the University of Oregon study if necessary. Councilor Graham commented that she agreed with Councilor McPeak that they needed to protect the independence of the boards and commissions. She held that it was not the Council's place to direct them on how they were supposed to think. Mayor Hammerstad observed that if the Council had given direction to the Planning Commission to consider the houses around the lake as a separate zone, then the Commission might have brought something to the Council that it could have passed. Mr. Hertzberg divided the Council and staff into three groups for an exercise in working together. He assigned each group the task of building the tallest tower they could out of tinker toys, with five minutes for planning and one minute for construction. • Mr. Hertzberg recessed the meeting for a break. • Mr. Hertzberg reconvened the meeting at 2:15 p.m. • Sustainability Councilor Rohde mentioned that he has been working on the issue of sustainability for two years,beginning with his first attendance of a Natural Step Network meeting. He described Natural Step as the first organization he had seen based on demonstrating ways in which businesses could be more profitable and grow faster by adopting green principles. He pointed out that Natural Step focused entirely on businesses and had no way of addressing governmental implementation of these programs. City Council Retreat Minutes—Afternoon Session Page 6 of 14 January 12, 2001 Councilor Rohde said that the City of Portland started to adopt the model. He stated that a year ago he participated on a panel to develop a template for local governments to adopt sustainability programs. He mentioned the importance of recognizing that governments could do as much as they felt they had the capacity to do with sustainable programs. He referenced the list of`steps' along the pathway of sustainability, emphasizing that a jurisdiction could start at any step in the process; it did not have to begin with Step 1, although it could do so. Councilor Rohde explained that his motivation, in spite of his beliefs in protecting the environment, was primarily to save the City money. He stated that this program provided opportunities for the Council to implement programs to reduce the overall cost of government by making those programs sustainable so that the City was not constantly repeating the same things. Councilor Rohde spoke in support of Lake Oswego as a candidate to be a test case to implement the program. He mentioned it as a good opportunity to get an intern to coordinate the program in the City. He offered to ask Bob Dophel from Portland State University and Duke Castle of the Metro Step Network Committee to make a presentation to the Council on the program. He noted the previous Council study session on the issue, and the Council direction to staff to do a preliminary analysis of what the City did already in terms of sustainability. Mr. Schmitz explained to Councilor Turchi that sustainability was how to conduct the City's business in a more environmentally conscious manner. He said that he attended a sustainability session at the November Urban Land Institute and sent Ron Bunch to a follow-up conference. He indicated that Mr. Bunch was gathering materials from other agencies on the extent of their efforts. Councilor Rohde confirmed to Mayor Hammerstad that this would be a good candidate for a Monday information session. Councilor Graham asked how close was the City to heading in the direction of sustainability. Councilor Rohde said that he thought that it could be easily integrated into the City's existing operations. He explained that it was adopting a philosophy. He mentioned the discussion of the concept of low-hanging fruit: they could go for the fruit that they could simply stand there and grab, instead of getting all the fruit off the tree at once. Councilor Schoen observed that this program was environmentally oriented in broad terms. He mentioned using, developing and protecting resources at a rate and in a manner that enabled people to meet their current needs and the future needs of other generations, such as using electronic communication in lieu of inefficient paper communication. He spoke in support of pursuing it. Councilor McPeak observed that this would often have a higher short-term cost but in the long- term perspective, it would reduce the cost. Councilor Rohde commented that if a short-term cost was more than a jurisdiction was willing to bear, then it simply did not do that element. • Arts Community Mayor Hammerstad mentioned that Lake Oswego was already starting in the direction of an arts community, similar to Cannon Beach and Joseph. She asked if there was support for this as a long-range goal with identification of those things that the City needed to have in place to qualify as an arts community. Mayor Hammerstad reviewed the definition of'arts community' for Councilor Rohde, mentioning galleries, arts organizations and art events (many of which Lake Oswego already had in place). She commented that these efforts should qualify for the hotel/motel tax. Councilor Rohde discussed his vision of an arts community as having a bohemian atmosphere and being inexpensive enough for the artists to live there. Mayor Hammerstad observed that if the artists were successful, then the community changed, and it became a Mecca for tourists. City Council Retreat Minutes—Afternoon Session Page 7 of 14 January 12, 2001 Councilor Schoen cited Cannon Beach as an example of an arts community that went from the bohemian atmosphere to an upscale community. Mr. Schmitz described the evolution of an arts community. People were drawn to an arts community and wanted to settle there, which raised the property values to the point where the artists could no longer afford to live there and moved on to somewhere else. Councilor Rohde observed that Lake Oswego was skipping the bohemian step. The Council agreed to explore the idea. Mayor Hammerstad said that she would assign this to the Arts Commission as a long-term goal, and ask them to develop a process whereby Lake Oswego could become an arts community. Mr. Schmitz mentioned a previous Arts Commission discussion of an artist-in-residence program with the City housing an artist at the Lang House and the artist conducting art classes in his/her specialty for the community at large. 2.4 Issues for brief discussion, action and scheduling, 2001 Mr. Schmitz provided a brief background on each item on the `Comprehensive List of Suggested Priorities' prior to the Council discussion. • Anti-Smoking Ordinance Mayor Hammerstad asked the Councilors to inform her which way they were leaning on the anti-smoking ordinance before the January 23 public hearing. She indicated that that the information would help her know how to handle the discussion. She likened it to a legislative committee: the members did not vote for something going to the floor if they were not going to support it. • Tree Ordinance - Have the Natural Resource Board revisit it to cure the problems - Schedule a discussion meeting with the Board - NRAB suggested a community forestry plan as a goal • Sign Ordinance - Schedule a study session to update the new Councilors on the issue • Long Term Care Housing Ordinance - At the joint meeting with the Planning Commission, discuss why the Commission did not incorporate the Council concerns (with respect to locations and design criteria) into the ordinance after Council remanded it to them • Lake Interceptor - The staff report on the analysis of the condition of the existing pipe in the lake was due in March, which would provide information on the seismic condition of the pipe, whether they could install a double-decker on top of the old pipe or whether they needed a new pipe. - Staff's rate analysis found that if the City increased the rates over the next couple of years, it would have sufficient revenues to pay off bonds without a rate spike. • Strategic Financial Plan - Staff needed policy direction on: - The general fund, as a property tax related fund, could not sustain the City transferring $500,000 from it to the street fund every year. - The utility rates to fund capital improvements in the future. - Schedule a joint meeting with the Budget Committee • Canal Area Open Space Plan - The previous Council did not adopt this study of the 60 acres comprising Canal Acres, Bryant Woods and River Run Park because of concerns about the $1 million estimated cost of the three-phase development. - Other concerns included the lack of parking and the lack of pathways. City Council Retreat Minutes—Afternoon Session Page 8 of 14 January 12, 2001 Councilor Rohde observed that open space plans provided an opportunity for community involvement, which could reduce the estimated cost. • Childs Road Pathway - The first Childs Road pathway, from River Run Ito the bridge, was budgeted for construction this spring. - The second Childs Road pathway, from the bridge to Sycamore where the Rivergrove pathway ended on the south side of Childs, had an estimated cost of$250,000 to $1 million, depending on which side of the road it ran along; the south side was the least expensive. • Stafford Area Triangle - On hold until the court appeal decision on Measure 7 • Quality of Life Indicators - The previous Council adopted the nine indicators of the economic, financial and physical health of the community, and sent it back to the Planning Commission to develop measurements. - The Measurements Subcommittee needed reconstitution after one member resigned from the Commission and the other was busy at work. - The cost estimate was $4,000 a year to monitor the measurements. Councilor McPeak asked if they wanted to integrate sustainability with the quality of life indicators. Councilor Rohde indicated that, although the two issues had some elements that dovetailed, he saw them as two separate operations. • West End Projects - Transportation study of Boones Ferry Road - Continuing to dialog with the West End business community - Installation of signals at Lakeview and Upper this coming year - Study on the right-of-way alignment from Upper to Boones Ferry Road - An individual was assembling parcels in the Gap in order to do a comprehensive project - ODOT was scheduled this summer to repave Bangy Road - David Almonte's proposal of a four-story building (with parking underneath) at Tilton and Boones Ferry, which the Planning Department was working to lower and make more compatible with the surrounding structures. - The Traffic Advisory Board identified the Boones Ferry Corridor Plan as a candidate for a citywide goal. Councilor Rohde mentioned that he did not want to discourage four-story buildings in that area. Mr. Schmitz clarified that it was the design and burying the parking that presented problems. • Annexations - On hold except for Measure 7 waivers by a single property owner - Staff attended a meeting with the Stampher Road neighbors about the status of their annexation, the laws and the processes. • Utility Rate Assistance Program - Had five participants with a $450 impact on the City - Five more have signed up in the past two months - The analysis of costs for the nine participants found an impact of$2,700 out of the $8.7 million in utility revenue collected by the City - Staff should advertise the program on the utility bills. Mayor Hammerstad indicated that, given this update, staff could take this item off the Council's February agenda. • Water Master Plan City Council Retreat Minutes—Afternoon Session Page 9 of 14 January 12, 2001 Councilor Schoen reported that the South Fork discussions on expanding the water supply were on hold until the new West Linn City Council decided what to do; it was anti-growth. He stated that the key element in securing their future water needs was proving up Lake Oswego's senior water rights on the Clackamas River or face losing them. Mayor Hammerstad spoke to developing a more positive relationship with the Clackamas River Water Board, given their authority and intake location above the more polluted areas of the river. She commented that the new West Linn City Council might have no interest in increasing their water capacity. Councilor Schoen indicated to Councilor Rohde that they proved up their water rights by justifying the potential need. He explained that selling water to Tigard, as part of the South Fork arrangement, could maintain low water rates for Lake Oswego and maintain their water rights. He reiterated that the key element was not to lose any of the water rights. - Policy issues on water: - The intertie with Portland - Planning for the next capacity level increase in meeting the water need - Increased fire flow capacity - Was the Council willing to participate financially with the District to retrofit the schools, as the District did not include money for a retrofit in its bond measure? - Discuss the school fire flow retrofit at the Tuesday morning meeting Mr. Schmitz reported that staff found that the estimated cost to retrofit the 15 School District properties (for which the City stored water for fire fighting) was between $2-3 million plus $2 million to install adequately sized pipes from the main water lines to the buildings. He mentioned the cost to build a new reservoir of$4.5 million, which they would not have to build if they retrofitted the schools. He said that the City would increase its rates over time, sell bonds and pay the bonds back in order to pay for a retrofit. Councilor Rohde spoke to pursuing a legislative agenda to eliminate the State Water Board's new requirement that jurisdictions prove up their water rights. Councilor Schoen indicated that South Fork was going to try to address this issue at the legislature. Mayor Hammerstad observed that historically, Oregon water law was complicated, and past discussions of the jealously guarded water rights ended up in bloodbaths. Councilor Rohde concurred, which was why he thought a State Board trying to take jurisdictions' water rights was an opportune time to go to the legislature (which was not found of most state boards) and get legislation to prohibit the board from removing water rights. Councilor Schoen discussed Lake Oswego's options, since West Linn would not allow the City to expand its water treatment plant. He said that partnering with other water suppliers had an estimated cost of$7 million versus an estimated cost of$35 million to build a new water treatment plant in Lake Oswego. He pointed out that partnering with others also gave the City two independent sources of water supply if something happened to the water treatment plant in West Linn. Councilor Schoen mentioned another issue facing the water industry: the in stream flows required to meet the Endangered Species Act. He emphasized the importance of Lake Oswego protecting itself. • Surface Water Management - Staff doubled the expenditure on surface water management capital projects to $300,000 in the last four years, due to pressure from the Lake Corporation, but the City's revenue stream could not sustain that level of spending. - In three to four years the City would have a nominal amount of money left for capital projects - The NRAB suggested surface water management as a Council goal City Council Retreat Minutes—Afternoon Session Page 10 of 14 January 12, 2001 • Endangered Species Act Compliance - Staff current projects: - A biological assessment and design work in the intake at the water plant in Gladstone to eliminate sucking in sand - Reviewing the City's street management practices with respect to what went into the storm drainage system • Lake Front Zoning - Historically, staff has had one to two variance requests per month, mostly for lots around the lake because the lots were smaller and irregularly shaped with non-conforming housing - Lake Corporation appointed a committee to look at a Lake Front Zoning District with a report due at the end of January, at which the discussions would begin again. • Lake Forest Neighborhood Plan - Planning Commission approved the Lake Forest Neighborhood Plan, which covered properties both inside and outside the city limits - The County Board had a study session scheduled on the plan in February - It might involve some Measure 7 issues, which Mr. Powell would brief the Council on when the plan came to the Council Councilor Rohde commented that, with half this neighborhood association in Clackamas County, it was important for the Council to consider requesting an annexation vote prior to adopting the plan. Mr. Powell mentioned another annexation discussion on Stampher Road, which staff recommended rescheduling in late March after the circuit judge's verdict on Measure 7. • Arts Downtown Mr. Hertzberg reminded the Council that the Arts Commission suggested Arts Downtown as a priority. • Noise Ordinance - The police had no mechanism to enforce this ordinance because the City lacked sufficient standards and a decibel machine. - Planning Department was looking into standards and the cost of a decibel machine - The enforcement mechanisms in the Code were more subjective than objective, which the police used to be happy with • Regional Issues - Last year, the previous Council did not agree to adopt the Metro transportation mode split recommendation that set 2040 targets to reduce the use of single-occupied vehicles. - The Transportation Advisory Board recommended the transportation mode split as a citywide goal. - Metro sent a connectivity recommendation for the design of parcel layouts, which staff adjusted to fit Lake Oswego's situation of small parcels. - Metro has no funding mechanism for its affordable housing targets. • Miscellaneous The Council returned to the water rights discussion. Councilor Rohde spoke to the Council deciding as a whole on directing lobbying efforts in this direction and on whether he should take this to the League of Oregon Cities Board. The Council directed Mr. Powell to provide it with information about the historical process and options for action. Councilor Turchi summarized the situation as Lake Oswego had to take a certain amount of water from the Clackamas River in order to maintain their water rights. Mayor Hammerstad noted that if they wanted to maintain their rights to a higher volume of water, at a minimum they had to have a plan for taking that higher volume out of the stream. She spoke to needing to have City Council Retreat Minutes—Afternoon Session Page 11 of 14 January 12, 2001 that water available for future use, especially if Stafford did develop. Councilor Schoen mentioned the projections of a population increase from 36,000 to 50,000 when they built out to their urban services boundary. Councilor Rohde characterized this as an attempt by the State to take the rivers under their own control. Councilor Rohde spoke to the putting together a blue ribbon committee or task force to work on the sign ordinance for the whole city. Councilor McPeak endorsed the suggestion. Mayor Hammerstad indicated that the Council should have a Monday information session on the sign ordinance in order to bring the new Council members up to speed. The Council would discuss e-government tomorrow Councilor Rohde recalled how popular the Futurist lecture he arranged last year was. He suggested starting a winter lecture series in Lake Oswego using the Oregon Council for the Humanities Chautauqua series. He spoke to finding sponsors to fund the series. He agreed to bring a report back to Council. Councilor Graham spoke in support of the suggestion. Councilor Schoen asked for clarification on the city-government accountability item LONAC had on its list. Jeff Gudman said that this item received 10 votes, the third highest vote, which he did not understand. Councilor Turchi asked for a more detailed description of the problem. Mr. Gudman suggested that Councilors attend the February LONAC meeting to hear the discussion on this item. 2.5 Prepare to set goals Mr. Hertzberg asked if anyone had items to add, delete or combine on the `Comprehensive List of Suggested Priorities.' The Council added street maintenance funding, e-Government, sustainability, annexation, trolley, and City-School. The Council combined the trolley, street maintenance funding, transportation mode split and connectivity under Transportation. Councilor McPeak spoke to placing the Boones Ferry Corridor study under West End Concerns as a means of demonstrating that the Council was addressing the concerns of the West End. Councilor Rohde spoke to putting the study under Transportation. Councilor McPeak clarified that the West End business owners were concerned with more than the traffic flow or pedestrian friendliness of the area. Councilor Rohde argued that identifying 'West End projects' reinforced the idea of a split in the community. Councilor McPeak pointed out that they already were doing 'East End redevelopment.' Councilor Turchi volunteered to prepare a report on the economic and cultural diversity within Lake Oswego, using the 2000 census data. The Council agreed to delete `funding for critical capital needs.' Mr. Schmitz confirmed that the budget process was the appropriate place to discuss the critical capital needs list developed by staff, including City Hall needs. Mr. Hertzberg reviewed the reorganized `Comprehensive List of Suggested Priorities.' 2.4 Mayor Hammerstad's Notes Mayor Hammerstad reviewed the handout she distributed earlier with her notes from last week's discussion. She referenced the Council Liaison appointment list she had also distributed. She indicated that she would take care of the Mayor's Cabinet. The Council discussed the interview process for Boards and Commissions. Mayor Hammerstad recalled her suggestion to have the boards themselves conduct the interviews and make a recommendation to the Council of two more than the number of members required. City Council Retreat Minutes—Afternoon Session Page 12 of 14 January 12, 2001 Councilor Rohde spoke in support of the Council continuing to conduct the interviews. He said that he appreciated being able to ask the applicants his questions and knowing that he was appointing someone to advise him who was of a similar mindset. He noted the added connectivity to the Council that the direct interview process gave to the applicants. Councilor Hoffman mentioned an additional benefit of the Council getting to meet with the Board people a little more. Councilor McPeak observed that it was a very time-consuming process. Mayor Hammerstad referenced her experience in using her suggested process. She pointed out that the Boards and Commissions often knew where their holes were and what skills they needed to recruit. She acknowledged the possibility of developing a clique. She spoke to retaining the Council interview process for the Planning Commission and the Development Review Commission. She commented that if the Council did not reach consensus, they would continue with the existing Council interview process. Councilor Schoen suggested trying the Mayor's suggested procedure for six months. Councilor Hoffman suggested retaining the current procedure for six months; if they had difficulty finding enough Councilors to conduct the interviews, they could revisit the process in July. Mr. Hertzberg observed that the discussion had shifted to more people now willing to continue the current process for six months. Robyn Christie, Deputy City Recorder, asked what process the Council wanted to use to schedule the interviews. Councilor Rohde suggested using conference calls. The Council discussed the term limit policy for boards. Councilor Hoffman spoke to forming a task force and asking the Board chairs for input. Mayor Hammerstad recalled that the discussion last week had been a term limit of two terms of three years each with the option of Council extending the limit. Councilor Rohde suggested sending a questionnaire to the Board chairs to get their feedback. Councilor Rohde explained to Councilor Graham that the reason the terms were for three years instead of two years was to have the term run through the two-year City Council. Councilor Graham wondered if a three-year term prevented people from applying. Councilor Rohde said that he has never heard that concern from anyone. Councilor McPeak spoke to addressing the issue of term limits, if the Council decided to change the selection process. She indicated that she did not want to turn the selection of the committee over to itself unless there was a regularized turnover or they could end up with the same people continuing forever. Mayor Hammerstad asked Councilor Graham, as the Adult Community Center Liaison, to obtain a copy of the Board's goals. She noted the several study sessions that the Council has committed to in order to meet with various boards on various issues. Mayor Hammerstad mentioned revisiting in the future the idea of a citizen panel for comment for random citizens on particular issues. She noted the several suggestions for outreach, including the award and recognition program, the bi-weekly news articles, and the Council's Corner. She spoke to holding a Mayor's Forum in March. She described e-government as a goal for Mr. Schmitz to implement with an improved website and more communication via e-mail. She recalled the Council direction to Mr. Powell to provide a report on the public records requirements for e-government. Mayor Hammerstad asked Councilor Hoffman to take the lead on his suggestion of civic outreach to organized groups. She noted that Councilor Rohde would work on volunteer opportunities. She mentioned the Council's agreement to continue the Monday afternoon sessions as needed. City Council Retreat Minutes—Afternoon Session Page 13 of 14 January 12, 2001 Councilor Hoffman noted that transportation mode split, minimum density, connectivity and affordable housing were regional issues. Mayor Hammerstad said that she did not want to address those before September. She characterized those as part of the Council work plan, not their goals. Councilor Rohde confirmed to Mayor Hammerstad that he would continue to attend the LONAC meetings on a regular basis. Councilor Graham indicated her interest in attending. Mr. Powell explained that having four or more Councilors present at a LONAC meeting did not pose a problem, as LONAC was discussing City business and the Councilors were there receiving information. Mr. Hertzberg noted that each Council member spoke to developing a spirit of community or sense of place or community vision earlier in the meeting. He suggested adding community vision to the priority list for discussion. He noted that he also added public outreach. Councilor Rohde commented that this discussion also dealt with a commitment by each Council member to work together and to present a positive united front to the community. Mr. Hertzberg asked the Council members to identify the five items on the list that he/she would like to be Council goals. He asked each Council member to identify any items that he/she thought should not be a priority of the Council. Councilor Rohde discussed his concern at limiting the number to five items. Mr. Hertzberg explained that, after identifying the consensus goals tomorrow, they would see what needed to be added. Mayor Hammerstad announced that the Clackamas Cities dinner meeting and the Metro elected officials orientation night were scheduled for the same night at the same time, Thursday, January 25. Councilor Rohde said that he was a presenter at the Metro meeting. Mayor Hammerstad noted that Councilor Schoen needed to attend the Cities meeting in order to nominate Councilor Graham to the Clackamas River Water Board. 3. ADJOURNMENT Mr. Hertzberg recessed the meeting at 3:50 p.m. Respectfully submitted, Robyn Y City Recorder APPROVED BY THE CITY COUNCIL: ON May 15. 2001 J4/ 4ah/ mmerstad, Mayor City Council Retreat Minutes—Afternoon Session Page 14 of 14 January 12, 2001