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HomeMy WebLinkAboutApproved Minutes - 2001-01-16 PM +Of CIRC O ' CITY COUNCIL MINUTES January 16, 2001 Mayor Judie Hammerstad called the regular City Council meeting to order at 6:00 p.m. on January 16, 2001, in the City Council Chambers. 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; Jane Heisler, Long Range Planning Manager Youth Council Present: Kristin Johnson (arrived 6:15 p.m.), Sinan Ozgur, Julia Cohen (arrived 6:10 p.m.), Revati Patel, and Sarah Roxana Ramsey 3. CONSENT AGENDA Councilor Rohde reviewed the consent agenda for the audience. Mayor Hammerstad noted a request to appoint Matt Finnigan from the Lake Grove Neighborhood Association to the Boones Ferry Road Corridor Study Policy Advisory Group, in addition to Ed Buckman. Doug Schmitz, City Manager, mentioned receiving a fax this afternoon from the Lake Forest Neighborhood Association requesting the appointment of the new Association President Britt Nelson in lieu of the outgoing president Cathy Schroyer. Councilor Rohde moved approval of the consent agenda with the amendment to Item 3.2.2, adding Matt Finnigan and replacing Cathy Schroyer with Britt Nelson on the Policy Advisory Committee, and pulling Items 3.3.1, 3.3.2 and 3.3.3. Councilor Schoen seconded the motion. A roll call vote was taken and the motion passed Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, McPeak, and Hoffman voting in favor. [7-0] 3.1 COUNCIL BUSINESS 3.1.1 Appointments to Council Committees ACTION: Accept Appointments. 3.2 REPORTS 3.2.1 Proposal to widen a portion of Second Street north of C Avenue ACTION: Approve the widening of Second Street, and direct the City Recorder to initiate the public notice process prescribed by Section 40 of the City Charter 3.2.2 Boones Ferry Corridor Policy Advisory Committee Approval ACTION: Appoint members as denoted on the attached Council Report for the Project Advisory Committee (PAC) for the corridor study on Boones Ferry Road from Kruse Way to Madrona Street 3.3 APPROVAL OF MINUTES 3.3.1 December 5, 2000, morning meeting 3.3.2 December 19, 2000, morning meeting 3.3.3 December 19, 2000, regular meeting City Council Minutes Page 1 of 5 January 16, 2001 3.3.4 January 2, 2001, regular meeting ACTION: Approve the January 2, 2001 minutes as written and pull the December meeting minutes for separate vote END CONSENT AGENDA 4. ITEMS REMOVED FROM THE CONSENT AGENDA 3.3.1 December 5, 2000, morning meeting 3.3.2 December 19, 2000, morning meeting 3.3.3 December 19, 2000, regular meeting Mayor Hammerstad noted that the new Councilors could not vote on the meetings that they did not attend those meetings. Councilor Schoen moved approval of the December 5 (morning) and December 19 (morning and regular) meeting minutes. Councilor Rohde seconded the motion. A voice vote was taken and the motion passed with Councilors Rohde, Schoen, McPeak and Hoffman voting in favor. [4-0] 5. CITIZEN COMMENT There was none. 6. PUBLIC HEARINGS 6.1 Proposal to annex one parcel at 13301 Knaus Road, consisting of 2.5 acres (file AN 00- 0018) Ordinance 2280, an ordinance annexing to the City of Lake Oswego, one parcel comprising two and one-half acres on Knaus Road (13301 Knaus); declaring City of Lake Oswego zoning pursuant to Lake Oswego Code 49.62.1600; designating appropriate Neighborhood Association; and withdrawing the area from the Clackamas County Enhanced Sheriffs Patrol District and the Lake Grove Fire District (2S1E04BD, Tax Lot 300)(AN 00-0018) Mayor Hammerstad read the hearing title. David Powell, City Attorney, reviewed the standard land use hearing criteria and the public testimony time limits and hearing procedures. He asked the Councilors to declare any ex parte contacts, bias or conflicts of interest. Hearing none, he asked the audience if there were any challenges. There were none. STAFF REPORT Jane Heisler, Long Range Planning Manager,presented the staff report. She noted that the acreage was contiguous to the city limits. She mentioned receiving signatures from both property owners, as there were no electors on site, and Measure 7 waivers. She indicated that the property would remain in the Lake Grove Park District. PUBLIC TESTIMONY Mayor Hammerstad opened the hearing to public testimony. Hearing none, she closed the public hearing. COUNCIL DISCUSSION Councilor Rohde moved to enact Ordinance 2280 and to authorize the City Recorder to mail the ordinance to Metro and all necessary parties. Councilor Schoen seconded the motion. A roll call vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, McPeak, and Hoffman voting in favor. [7-0] City Council Minutes Page 2 of 5 January 16, 2001 7. INFORMATION FROM COUNCIL 7.1 Councilor Information 7.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees Councilor Rohde announced his attendance at a Joint Policy Advisory Committee on Transportation (JPACT) meeting on Thursday, and a League of Oregon Cities Transportation Committee meeting on Friday to discuss pending legislation by ODOT. Mayor Hammerstad reported that the Metropolitan Policy Advisory Committee (MPAC) voted at its meeting last week to approve the affordable housing portion of the Regional Framework Plan for consideration by the Metro Council. She observed that the City would have to change its Comprehensive Plan within the next 24 months to allow for diverse housing types and other actions to make it easier to provide for affordable housing. She noted that this regulation did not provide any funding. Councilor McPeak reported that the governance committee of the Metropolitan Area Communications Commission (MACC) was working on redefining MACC in the fast changing environment of communications. Mayor Hammerstad reviewed the six goals set by the Council during its 20 hours of goal setting over the past two weekends. She explained that these goals were discretionary and did not reflect those things that the Council had to do by law or the usual maintenance activities of the Council. She discussed adoption of an agreement for the development of Block 138 and a revised downtown plan. She spoke to the adoption of the master plans developed by the Parks & Recreation Advisory Board and the Natural Resource Advisory Board, as well as the Canal Acres Master Plan, and the acquisition of open space using the 1998 Open Space and Fields bond measure funds. Mayor Hammerstad mentioned the identification of the possibilities for joint use of facilities, recreational opportunities and community meeting space between the City and the School District. She noted the transportation issues of finding viable alternatives to traffic congestion, mentioning Highway 43 in particular, and maintaining the right-of-way of the Willamette Shore Trolley. She discussed the various facets of maintaining neighborhood livability within a community context, including adoption of neighborhood plans and addressing neighborhood issues. Mayor Hammerstad spoke to establishing e-government as a means of achieving greater efficiency in process and procedure. She mentioned an improved web page that would allow submittal of applications for advisory committees and permits. 7.3 Youth Councilor Comments The Youth Councilors indicated their intent to remain for the joint meeting between the City and the School District immediately following the regular meeting. 8. ORDINANCE 8.1 Ordinance 2287, an Ordinance of the City of Lake Oswego amending Chapter 20 of the Lake Oswego Code to add Article 20.07 relating to tobacco sales licenses and amending Chapter 34 of the code to add Article 34.18 relating to smoke free workplaces Councilor Rohde moved to continue Ordinance 2287 to the Special Council Meeting of January 23, 2001, for a Public Hearing. Councilor Turchi seconded the motion. A roll call vote was taken and the motion passed Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, McPeak, and Hoffman voting in favor. City Council Minutes Page 3 of 5 January 16, 2001 9. RESOLUTIONS 9.1 Resolution 01-02, a Resolution of the City Council of the City of Lake Oswego amending Administrative Procedure No. 5 "City Council Rules of Procedure" Mayor Hammerstad reviewed the significant changes to Council procedure discussed by the Council at an earlier study session. Mr. Powell noted a correction on page 85 under the time limit for citizen comment: three minutes instead of five minutes. Councilor Schoen moved to adopt Resolution 01-02, a resolution of the City Council of the City of Lake Oswego amending Administrative Procedure No. 5, City Council Rules, with the change of three minutes versus five minutes on citizen comment. Councilor Graham seconded the motion. A roll call vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, McPeak, and Hoffman voting in favor. 10. REPORTS OF OFFICERS 10.1 City Manager 10.2 City Attorney Mr. Powell reported on the LUBA ruling about state historic preservation listings. He recalled the conversation during the Historic Resources Advisory Board's report to Council during the goal setting session in which HRAB asked when state law required the City to release properties from historic designation under the City code. He mentioned the two interpretations of state law: cities had to release property owners if the City imposed the designation other than at the request of the property owner or they had to do so only if the property owner had actively objected to the designation. Mr. Powell observed that many were surprised at the LUBA ruling in the Demlow v. Hillsboro, Washington County Interveners appeal supporting the argument that the property owner had to have actively objected to the designation before its imposition. He said that Lake Oswego would go with LUBA's interpretation for the time being. He noted the possibility of court appeal and consideration by the state legislature. Mr. Powell recalled the Council's interest, expressed at the morning meeting, in joining the Measure 7 lawsuit in Marion County brought by the League of Oregon Cities and other jurisdictions. He explained that the League had invited other jurisdictions to join in as plaintiffs, commenting that he had heard third-hand that quite a few jurisdictions were doing so. Councilor Graham moved to authorize the City to join the Measure 7 lawsuit referenced by the City Attorney as a co-plaintiff. Councilor Hoffman seconded the motion. A roll call vote was taken and the motion passed with Mayor Hammerstad, Councilors Rohde, Schoen, Turchi, Graham, McPeak, and Hoffman voting in favor. [7-0] 11. ADJOURNMENT Mayor Hammerstad adjourned the meeting at 6:20 p.m. City Council Minutes Page 4 of 5 January 16, 2001 Respectfully submitted, Robyn Chri tie Deputy City Recorder APPROVED BY THE CITY COUNCIL: February 6, 2001 a4 - /J J ie Ham erstad, Mayor City Council Minutes Page 5 of 5 January 16, 2001