HomeMy WebLinkAboutApproved Minutes - 2001-05-01 PM O,Mr[OS
CITY COUNCIL MEETING MINUTES
App May 1, 2001
.0isur)
Mayor Judie Hammerstad called the regular City Council meeting to order at 6:05 p.m. on
May 1, 2001, in the City Council Chambers.
Present: Mayor Hammerstad, Councilors Hoffman, Rohde, Schoen, Turchi, Graham and
McPeak
Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, City
Recorder; Hamid Pishvaie, Development Review Manager; Tom Tushner,
Principal Engineer
Youth Council
Present: Kristin Johnson, Julia Cohen, Revati Patel and Sarah Ramsay. Brent Berselli,
Matt Buehler and Sinan Ozgur were excused.
3. UPDATE ON COUNCIL GOALS FOR 2001
Councilor Rohde reviewed the update of Council Goals (pages 3-6, Council packet).
4. PRESENTATIONS AND RECOGNITION
4.1 Farmers Market Presentation
Mayor Hammerstad announced that 8-year old Emily Liu won the art competition for the
Farmers Market. She presented Emily with her drawing framed by Aaron Brothers Framing and
a gift certificate from Graham's Stationery. Ms. Liu presented the Mayor with an official Lake
Oswego Farmer's Market apron.
Mayor Hammerstad introduced Wayne Richards and the Southern Nights, a band scheduled to
play on opening day at the Farmer's Market. Mr. Richards commented that many farmers
depended on the farmers markets in order to survive. The group performed the song
"Heartland,"a song they wrote after stumbling across the auction of a small farm halfway
between Wichita Falls and Abilene, Texas.
Kathy Kern, Events Coordinator, said that Lake Oswego's Farmers Market would run for 20
weeks, starting on May 19; the hours were from 8 a.m. to 1 p.m. She indicated that the 40 farmer
and vendor booths included fresh produce, nursery, food, a master gardener, and a health&
wellness table. She mentioned the Kids' Corner and the weekly entertainment.
5. CONSENT AGENDA
Councilor Hoffman reviewed the consent agenda for the audience.
Councilor Hoffman moved approval of the consent agenda. Councilor Rohde seconded the
motion. A voice vote was taken and the motion passed with Mayor Hammerstad,
Councilors Hoffman, Rohde, Schoen, Turchi, Graham and McPeak voting in favor. 17-01
5.1 ORDINANCES
5.1.1 Ordinance 2296, an Ordinance of the City Council of the City of Lake Oswego
ratifying the formation of an Intergovernmental Agreement known as Clackamas
800 Radio Group
ACTION: Enact Ordinance 2296
5.2 REPORTS
City Council Minutes Page 1 of 7
May 1, 2001
5.2.1 Award of Public Improvement Contract for Construction of the 2001 Preventative
Street Maintenance Project(Work Order 1152—Phase 1)
ACTION: Award bid to Benge Construction in the amount of$78,693.16.
5.2.2 Award of Public Improvement Contract for Construction of the 2001 Street
Maintenance Slurry Seals Project(Work Order 1162—Phase 2)
ACTION: Award bid to Blackline, Inc., in the amount of$64,236.29.
5.3 RESOLUTIONS
5.3.1 Resolution 01-30, supporting HB2923, creating an Oregon Trust for Cultural
Development
ACTION: Adopt Resolution 01-30
5.4 APPROVAL OF MINUTES
5.4.1 April 3, 2001, morning meeting
5.4.2 April 3, 2001, special dinner meeting
5.4.3 April 3, 2001, regular meeting
ACTION: Approve minutes as written
END CONSENT AGENDA
6. ITEMS REMOVED FROM THE CONSENT AGENDA
7. CITIZEN COMMENT
There was none.
8. PUBLIC HEARINGS
8.1 Tree Code Amendments/Heritage Trees in Right-of-Way
STAFF REPORT
Hamid Pishvaie, Development Review Manager, presented the staff report. He said that staff
designed Ordinance 2289 to address certain procedural issues with the Heritage Tree section of
the tree ordinance. He explained that the current tree ordinance provided no process for
designating nominated trees that were located within the public right-of-way; the existing
procedures addressed only trees on private property or city-owned public land.
Mr. Pishvaie suggested two revisions to the ordinance: to insert the words 'city property' in
Item 4B on page 2 and to Item 55.06.050(1), line 2, on page 3 so that the clause would read 'city
property or public right-of-way.' (pages 88-89, Council packet). He recommended that the
Council direct staff to prepare the final draft of the ordinance to address the Heritage Trees in
public streets.
Councilor Hoffman moved to approve preparation Ordinance 2289 for final adoption.
Councilor McPeak seconded the motion.
Councilor Hoffman asked what problems had occurred that this ordinance tried to solve. Mr.
Pishvaie said that last year, when several citizens wanted to nominate trees within the right-of-
way, staff realized that the ordinance omitted a procedure to handle Heritage Trees in the right-
of-way; this was staff's method of addressing that problem.
David Powell, City Attorney, clarified that a strict interpretation of the ordinance would require
the City to put a covenant on the right-of-way in order to protect the tree, which they could not
do because a right-of-way was much like an easement. He described the second problem in the
City Council Minutes Page 2 of 7
May 1, 2001
existing ordinance: it was not clear whether the City Manager stood in place of the property
owner in making the decision about accepting or declining the designation. He indicated that
this ordinance addressed that inconsistency.
Mayor Hammerstad asked if this ordinance did anything else besides providing a plaque
designating the tree as a Heritage Tree. Mr. Powell said that it created a slightly higher hurdle
for someone applying for a Type 2 permit to cut down a Heritage Tree; staff was supposed to
look at the Heritage Tree qualities of the tree and balance them against the need to cut.
Mr. Powell confirmed to Councilor Hoffman that usually the maintenance of a tree in the right-
of-way was the responsibility of the adjacent property owner, although there were a few
exceptions based on location.
A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors
Hoffman, Rohde, Schoen, Turchi, Graham and McPeak voting in favor. [7-0]
PUBLIC TESTIMONY
Mayor Hammerstad opened the hearing to public testimony.
There was none.
Mayor Hammerstad closed the public hearing.
Mayor Hammerstad reaffirmed the vote.
9. INFORMATION FROM COUNCIL
9.1 Councilor Information
Councilor Graham announced four vacancies on the Arts Commission and three vacancies on
the Budget Committee. She said that deadline for applications for the Arts Commission was 5
p.m., Friday, May 25, while the deadline for the Budget Committee applications was 5 p.m.,
Friday, July 20. She mentioned that anyone interested could call the Mayor's Office for more
information or check the City's website.
Councilor Hoffman reported on a Metro-sponsored luncheon that he and Councilor Rohde
attended along with many policy makers from around the region. He said that the speaker was
Pat McClendon from the University of British Columbia who talked about `green streets,' the
concept that the street system was part of the stream system. He mentioned that Mr. McClendon
has devised ways for municipalities to prevent runoff and to decrease storm water drainage by
creating more pervious surfaces. He suggested that the Council discuss the idea at a study
session.
Councilor Hoffman announced that Ralph Terhan of OTAK has agreed to chair the Infill
Development Ad Hoc Task Force.
Councilor Hoffman moved to appoint Ralph Terhan as Chair of the Infill Development Ad
Hoc Task Force. Councilor Grahams seconded the motion. A voice vote was taken and the
motion passed with Mayor Hammerstad, Councilors Hoffman, Rohde, Schoen, Turchi,
Graham and McPeak voting in favor. [7-0]
9.2 Reports of Council Committees, Organizational Committees and Intergovernmental
Committees
9.3 Youth Councilor Comment
Mayor Hammerstad asked if the Youth Councilors were involved in the Back to School Week
activities. She noted that some Councilors would attend Lake Oswego High School tomorrow;
she would shadow Sinan. Ms. Johnson said that she and Councilor Graham were in the process
of planning what they were doing this week.
City Council Minutes Page 3 of 7
May 1, 2001
Mayor Hammerstad encouraged the public to visit the schools this week and to see the various
programs. Councilor Turchi said that Rivergrove had an open house today highlighting its
reading and math programs. He mentioned Rivergrove's Science Fair on Thursday.
Councilor McPeak reported on the Lake Oswego High School breakfast that she and Councilors
Graham, Rohde and Schoen attended this morning. She described the use of the Smart Boards in
the calculus and geometry classes. Ms. Cohen said that the boards were good for projection but
pen recognition was still poor. She commented that it was easier to deal with the symbols in
chemistry class using the Smart Board than it was using the chalkboard.
10. REPORTS OF OFFICERS
10.1 City Manager
Doug Schmitz, City Manager, announced that this Saturday the Chamber Flower Basket
program kicked off. He announced that tomorrow the Redevelopment Agency's Façade Grant
program for Pots on Loan began. He explained that this was a public/private partnership, in
which the Agency purchased storage pots for landscaping and the businesses landscaped them
and maintained during the summer and fall; 27 businesses have signed up.
Mr. Schmitz noted that the Parks & Recreation Master Plan, a Council goal, was scheduled for
presentation on May 23.
10.2 City Attorney
Mayor Hammerstad recessed the meeting for a break.
Mayor Hammerstad reconvened the meeting.
11. BRYANT ROAD CORRIDOR STUDY
Tom Tushner, City Traffic Engineer, gave a PowerPoint presentation on the past 10 months of
staff work on the Bryant Road Corridor Study(pages 97—99, Council packet). He described the
specifics of the corridor running from Boones Ferry Road to Lakeview Boulevard (page 97). He
noted that it had a daily volume of approximately 14,000 cars.
Mr. Tushner noted that staff developed the scope of work in July with a contract bid award
going to DKS Associates in October. He reviewed the project team, including himself and Peter
Coffey of DKS Associates as project managers (page 97).
Mr. Tushner explained that they undertook the corridor study to look at the long term
transportation needs, to determine if the three interim projects listed for Bryant Road in the
Transportation System Plan would fit the long term needs, and to update the Transportation
System Plan with refined costs and a vision for the corridor. He reviewed the original and
refined estimated costs for the Upper/Bryant signal ($250,000 and $235,000 respectively) and for
the Lakeview/Bryant signal ($350,000 and $285,000 respectively). He noted the $130,000 cost
for preliminary and final engineering.
Mr. Tushner reviewed the corridor study process (page 98), looking at existing conditions and
projecting future conditions out to 2020. He mentioned the extensive public involvement
process, including three open houses and over 300 mailings as well as meeting with impacted
property owners to work out design issues. He said that they presented the preferred alternative
to the Transportation Advisory Board on April 11, which the Board unanimously voted to send
forward to the Council.
Peter Coffey,DKS & Associates,presented the preferred alternative, Alternative 2A, which
they selected through the identification of the needs of the corridor both today and in the future.
He discussed the design to retain the existing three lanes on Bryant from Boones Ferry to Sunset
City Council Minutes Page 4 of 7
May 1, 2001
Drive, then narrowing down to two lanes, and widening it back up to three lanes once past the
railroad tracks and down through the Lakeview intersection. He explained that the three lane
sections addressed the need for a left turn lane, which they balanced with trying to minimize
impacts to trees and property owners.
Mr. Coffey reviewed the other components in the corridor, including bicycle lanes and sidewalks
on both sides down the entire corridor, and signals at Upper Drive and Lakeview Boulevard. He
mentioned their data gathering at the Lakeview Boulevard intersection during the pm peak hour,
which confirmed the residents' opinion that the intersection needed a signal.
Mr. Coffey reviewed the short-term projects. He noted that, although they intended to install the
signal at Lakeview by this fall, they would not widen the road to three lanes due to costs and
property impacts. He mentioned the minor improvements to the corners, such as wheelchair
ramps. He indicated that sight distance and other issues led the staff to recommend installing a
signal at Upper Drive, instead of maintaining the four way stop or making it a two way stop.
Mr. Tushner reviewed the next steps in the process (page 99). He discussed the schedule for the
final design and construction of the interim improvements of the preferred alternative, beginning
the design process in May, a bid in August and six months for construction. He mentioned the
team's development of a plan for the estimated costs of the long-term improvements; the current
estimate for the construction was $1.3 million without the right-of-way acquisition.
Councilor Schoen asked for clarification on the improvements to the Lakeview intersection.
Mr. Tushner said that the interim improvements did not include a left turn lane at Lakeview,
which was the longer-term project; they would use a split phase signal to control turning
movements. Mr. Coffey mentioned the corner modifications to provide a landing area for
pedestrians and the improved sight distances for pedestrians.
Mr. Coffey indicated to Councilor Schoen that the cost associated with having to line up the
travel lanes on both sides of the intersection and inadequate right-of-way were two reasons why
they were not installing the left turn lane at this time. Mr. Tushner concurred, noting that the
long-term improvements involved getting into the structure on the northwest corner, which was
outside of their budget. Mr. Coffey noted that the new intersection operation would meet the
City's level of service standards.
Mr. Coffey confirmed to Councilor Schoen that they would work on coordinating the signals at
all three intersections to move traffic through smoothly.
Councilor McPeak asked if the interim signals would have to be redone when the City
completed the final project. Mr. Tushner said that they anticipated setting the Upper signal
poles so that they would not have to move for the ultimate project but they could not do so with
the Lakeview signal poles because of the addition of the left turn lane. He indicated that they
would design the signals and mast arms to accommodate the ultimate number of signal heads
needed. Mr. Coffey reiterated that the Upper signal should not change with the completion of
the ultimate project.
Mr. Coffey indicated to Councilor Graham that the traffic traveling on Upper from either
direction would have a green light at the same time, with the left turn yielding to oncoming
traffic.
Mayor Hammerstad asked what the time Iine was for the ultimate project. Mr. Tushner
indicated that they were only identifying the improvements at this time out to 2020. He observed
that they could not know when the level of service would degrade sufficiently to need the final
improvements. He noted that with their current funding, they did not have the funding for the
improvements. He stated that the interim improvements should solve the congestion problem.
He mentioned striking a balance between how much growth occurred, the funding levels, and the
priority placed on these improvements. He confirmed that there were no other improvements
slated for this corridor beyond the ultimate project.
City Council Minutes Page 5 of 7
May 1, 2001
Councilor Graham asked if the railroad paid anything towards the $100,000 estimated for the
Bryant Road railroad crossing upgrade. Mr. Coffey said that the City would have to bear the
burden, although they could try for some grants. Mr. Tushner explained that typically the
railroads participated in crossing materials themselves but left the grades and the approaches to
the City. He commented that they identified the crossing early on as a problem but
unfortunately, it required an expensive fix (retaining walls).
Mayor Hammerstad observed that the road crossing at the railroad tracks degraded quickly and
has been improved half a dozen times. She asked if the City had the materials and workmanship
for a more permanent fix. Mr. Coffey indicated that the larger issue was the grades and the
approaches. He explained that they needed to make the grades flat at the crossing so that large
vehicles did not bottom out. He commented that the maintenance projects have allowed the
crossing to continue to work but it was a major reconstruction project in the long term. Mayor
Hammerstad encouraged staff to find a more permanent solution.
Councilor Turchi observed that the problem causing the backup was people turning left from
Bryant on to Lakeview. He asked if staff looked at other ways to address the left turn problem
other than installing traffic signals. He commented that they were spending a lot of money for a
two-hour period.
Mr. Tushner said that staff looked at three alternatives for the Upper intersection: a two way
stop (removing the stop signs on Bryant), leaving the four way stop (did not solve the
congestion) and the signal. He explained that the two way stop required more sight distance,
which they could obtain by installing a $250,000 retaining wall. He indicated that staff decided
to proceed with the signal because the intersection did warrant a signal in the long-term and they
thought it better to spend $250,000 only once with the signal, instead of twice with the signal and
the retaining wall.
Mr. Tushner noted that the neighborhood reported significant amounts of cut-through traffic by
people using Upper Drive to bypass the back up on Bryant Road. He explained that with a four
way stop, people on both Bryant and Upper had the same right-of-way, whereas with a signal,
they could set it to favor the Bryant Road traffic. He noted that doing so would keep the traffic
moving on Bryant and encourage people to stay on Bryant from Boones Ferry. Councilor
Schoen commented that he thought that could eliminate 50% of the cut-through traffic on Upper.
Mr. Tushner indicated that they heard the same thing from the neighborhood. He mentioned
that staff looked at a left turn lane at Upper but discovered that the neighborhood did not want to
encourage movement on Upper and it was not strictly necessary, as they could meet the City's
level of service standards without it. He said that they included it in the long-term projects
because people were more comfortable with a left turn lane.
Mayor Hammerstad asked when staff would need a decision from Council on this project. Mr.
Tushner said that they should be back around the end of August with the construction costs.
Mr. Schmitz clarified that if the Council gave consensus approval tonight to the design, then
staff would proceed with the bid process and return in August for the bid award.
Mr. Schmitz directed the Council's attention to the southwest corner on the map, where the
triangle formed. He indicated that that was the Lamont Springs Open Space, and staff proposed
to install a traffic signal within 650 square feet of the reserve. He suggested that the Council
notify the Natural Resources Advisory Board of the project and ask for comment.
Mr. Schmitz reported that he checked with the City's bond counsel regarding the open space
reserve because the City had purchased it with the 1990 open space and pathway bond. As long
as the City functioned as a private property owner and sold the 650 square feet at a fair market
value, there was no problem with the covenants of the bonds; the City would have to deposit the
money from the sale into the open space account.
Mayor Hammerstad spoke to postponing the Council approval until after they notified the
Natural Resources Advisory Board about the possible impact on the Lamont Springs area. She
City Council Minutes Page 6 of 7
May 1, 2001
referenced a letter the City received from Gay Henricks who was concerned about the
signalization. Mr. Tushner confirmed that he has spoken with Ms. Henricks and put her fears to
rest.
Councilor Hoffman recalled an old adage that they could not build their way out of congestion.
He asked if that was what they were trying to do here. He asked what where the unintended
consequences of this project, such as moving the cars some place else.
Mr. Tushner pointed out that they were implementing the Transportation System Plan, which
implemented regional goals for achieving multi-modal transportation and minimized the number
of roads that they had to build. He observed that not even a good transit system could function
without some roads to support it. He mentioned that part of the long-range project was building
pedestrian and bicycle paths to provide alternatives to moving through the corridor by car. He
said that the best they could do was to implement their TSP and not overbuild roads to exceed
those plans.
Mr. Tushner noted that this project redirected traffic from cutting through the neighborhoods on
Upper and Lakeview back to Bryant Road, where it should be.
Councilor Hoffman asked if DKS did any computer modeling to identify other locations where
the traffic might bottleneck and back up as a result of these signals. Mr. Coffey said that they
got some good ideas from the Metro regional travel forecasting model. He explained how
installing the traffic signal at Lakeview would relieve the bottleneck created by the existing four-
way stop. He pointed out that the problem occurred primarily during the pm peak hour when
people were going home; therefore, there were not any additional bottlenecks between these
signals and their ultimate destination. He stated that their report documented how the signal
would reduce travel time in the corridor during the pm peak hour.
Mayor Hammerstad asked staff to schedule this to return on May 22.
12. EXECUTIVE SESSION
Mayor Hammerstad recessed the meeting at 7:25 p.m. to Executive Session pursuant to ORS
192.660(1)(e), to deliberate with persons designated to negotiate real property transactions. The
Council moved to the Human Resources Conference Room.
13. RETURN TO OPEN SESSION
Mayor Hammerstad reconvened the regular meeting at 7:40 p.m. in the Human Resources
Conference Room.
The Council reviewed the Metro maps showing the three alternatives for Lake Oswego in the
redistricting process. The Council agreed by consensus to present either Alternative A or
Alternative B as acceptable but not Alternative C.
14. ADJOURNMENT
Mayor Hammerstad adjourned the meeting at 7:45 p.m.
Res ectfully s mated,
RooYn .stie
City Recorder
APPROVED BY THE CITY COUNCIL:
ON une 5. 20
ie ammerstad, ayor
City Council Minutes Page 7 of 7
May 1, 2001