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HomeMy WebLinkAboutApproved Minutes - 2002-02-05 PM LAKE 054,,c ��kt CITY COUNCIL MINUTES February 5, 2002 Mayor Judie Hammerstad called the regular City Council meeting to order at 6:05 p.m. on February 5, 2002, in the City Council Chambers. Present: Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham. Staff Present: Doug Schmitz, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Jane Heisler, Community Planning Manager; Stephan Lashbrook, Community Development Director; Dennis Egner, Long Range Planning Manager; Sidaro Sin, Associate Planner; Evan Boone, Deputy City Attorney; Chris Jordan, Assistant City Manager Youth Council: Matt Buehler, Tommy Noble (arrived 6:10 p.m.) 3. ADOPTION OF COUNCIL GOALS 2002 Mayor Hammerstad reviewed the seven major goal areas developed by the Council at its January Council retreat, and the sub goals (see pages 3-4). The major goal areas included Neighborhood Livability in a Community Context, Recreation and Culture, Transportation Funding and Infrastructure, Urbanization and Growth Management, East End Projects, Fiscal Health and Planning and Sustainability. Mayor Hammerstad mentioned the task forces, which the Council already had in place, working on several of the sub-goals: Infill & Compatibility, Tree Code, and Joint Use Library. She noted that adopting a parks and recreation master plan was a goal left over from last year. She commented that she thought that the development of a trails master plan would be very helpful to the community in order to facilitate enjoyment of the relatively unknown network of trails existing in the community. Mayor Hammerstad observed that the Arts Downtown has been a successful venture at a very low cost to the City. She mentioned that the program would continue next year with an installation of 11 new pieces in September. Mayor Hammerstad discussed the City's intent to develop public access to the newly restored Springbrook Creek Corridor, a natural area that ran parallel to Boones Ferry Road. She referenced the Council's purchase of three major open space areas last year, using the 1998 open space bond money. She indicated that the Council intended to complete those bond open space purchases this year. Mayor Hammerstad mentioned the Council's intent to look at what other communities have implemented for funding mechanisms to support ongoing street maintenance, as part of their general sub-goal to agree on a mechanism for permanent funding for road maintenance by July 1. She discussed the importance of the streetcar linkage to Portland in terms of a possible future commuter connection with the North Macadam area. She indicated that the City intended to aggressively pursue funding for the award-winning Kittleson & Associates plan for the Boones Ferry Road Corridor project. Mayor Hammerstad described a situation that has occurred, in which a developer cut down all the trees while his/her property was in the county and then annexed into the City with a degraded lot. She indicated that the Council wanted to address this issue through an urban growth City Council Minutes Page 1 of 17 February 5, 2002 management agreement with the County that applied Lake Oswego codes to some areas prior to annexation. Mayor Hammerstad discussed the importance to Lake Oswego of the upcoming movement of the urban growth boundary, given that Lake Oswego was one of the few cities with an urban growth boundary at its edge. She mentioned the Council's intent not to allow the negative influence of unwarranted and unwanted growth to influence how Lake Oswego itself developed, and to have the offsite transportation improvements needed in order to accommodate the traffic potentially generated in that area. Mayor Hammerstad commented that the East End was coming along well, and projects would continue to redevelop the area. She mentioned the Foothills Plan for the redevelopment of the area north of Oswego Pointe, south of Tryon Creek and in between Highway 43 and the Willamette River. She commented that the Council made the bold step of using redevelopment funds at the end of the year to purchase the US Bank property, which it hoped to use eventually to provide visual public access to the lake. She indicated that the Council was still pursuing a boardwalk around the end of the lake from the cabanas and along Millennium Park that would hook up with the US Bank property. Mayor Hammerstad mentioned the Council's intent to do a survey of public facility needs after July 1 in order to identify what the public wanted, and to determine the level of financial support for public facilities, such as a library, an aquatics center, an expanded tennis center or a community/recreation center. Mayor Hammerstad discussed the sustainable practices that the Council intended to adopt within City operations, such as reuse, recycling and reduction of the use of materials and use of materials in an environmentally friendly way. She spoke to establishing partnership with citizens to increase awareness of sustainable practices in the home, such as fertilizing a lawn with something more environmentally sustainable than a phosphorous-based fertilizer. Councilor Rohde moved adoption of the Council goals for 2002. Councilor Turchi seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham voting in favor. [7-0] 4. CONSENT AGENDA Councilor Rohde reviewed the consent agenda. Councilor Schoen moved approval of the consent agenda. Councilor McPeak seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham voting in favor. [7-0] 4.1 REPORTS 4.1.1 Bid award for the installation of residential fire sprinklers in adult foster and special need homes. ACTION: Authorize the City Manager to enter into an agreement with Western State's Fire Protection for the construction management, design, and installation of residential fire sprinkler systems for an amount not to exceed $165,645.00 4.2 RESOLUTIONS 4.2.1 Resolution 02-02, authorizing the City Manager to sign an extension of the Passenger Services Agreement with the Oregon Electric Railway Historical Society for the Operation of the Willamette Shore Trolley ACTION: This item was pulled for additional discussion. City Council Minutes Page 2 of 17 February 5, 2002 4.2.2 Resolution 02-04, authorizing Amendment#2 to the Lake Oswego Adult Community Center's fiscal year 2001-2002 contract with Clackamas County Social Services Division ACTION: Adopt Resolution 02-04 4.2.3 Resolution 02-07, continuing membership in the City County Insurance Services Trust ACTION: Adopt Resolution 02-07 4.3 APPROVAL OF MINUTES 4.3.1 December 10, 2001, information session 4.3.2 December 18, 2001, morning meeting 4.3.3 December 18, 2001, special meeting with TAB 4.3.4 January 8, 2002, special morning meeting 4.3.5 January 8, 2002, special meeting 4.3.6 January 15, 2002, special meeting ACTION: Approve minutes written END CONSENT AGENDA 5. ITEMS REMOVED FROM THE CONSENT AGENDA 5.1 Resolution 02-02, authorizing the City Manager to sign an extension of the Passenger Services Agreement with the Oregon Electric Railway Historical Society for the Operation of the Willamette Shore Trolley Councilor Hoffman reaffirmed that the City's relationship with the Oregon Electric Railway Historical Society was an important relationship to maintain. He requested a future agenda item to develop a public relations plan intended to start a dialog with the neighbors abutting the railroad line running between Lake Oswego and John's Landing. He concurred with Councilor Rohde that the hope of many people was for a connection between Lake Oswego and John's Landing, which would eventually run to NW 23rd Councilor Rohde moved to adopt Resolution 02-02. Councilor Graham seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham voting in favor. [7-01 6. CITIZEN COMMENT • Danny Piscitelli, 395 N. State Street, owner of The Westside Rider, Lake Oswego Mr. Piscitelli referenced the conversations he heard at his business over the last year regarding the skateboard park at Jean Road and Pilkington Road. He said that they felt that the City and the community should be able to design and build a better and permanent park. He mentioned his attendance at the Tigard City Council meetings where the Council discussed the design and siting of a new skateboard park (as well as the fundraising). He commented that it would likely take a while for Lake Oswego to answer the same questions in its community. Mr. Piscitelli mentioned that Tualatin raised about two-thirds of the overall cost of its skateboard park with private money, while Newberg/Chehalem raised almost three-quarters of its overall cost. He noted that Lake Oswego had several parks with the existing utilities and amenities needed nearby a skateboard park. City Council Minutes Page 3 of 17 February 5, 2002 Mayor Hammerstad directed Mr. Piscitelli to contact the City Parks Department and the Parks and Recreation Board. She explained that the City advisory boards made recommendations to the Council regarding different recreational opportunities. Mr. Piscitelli indicated to Councilor Turchi that he did not know how many people used the existing Lake Oswego skate park. He mentioned the irregular hours it was open in the summer, so that many kids did not know when it was open. He said that he did not think that it was on a good bus route, in terms of easy access. He observed that its small size made it difficult for more than 10 to 15 kids to use the park at the same time,unlike Tualatin's 10,000 square foot park that allowed 50 plus kids at the same time. Mr. Piscitelli indicated to Councilor Turchi that the Lake Oswego skateboarders went to Tualatin, Oregon City, Beaverton or downtown. • Bill Patterson, Gladstone resident whose son resided in Lake Oswego Mr. Patterson described himself as a concerned parent of a skateboarder. He observed that the City provided safe environments for children to play many sports, such as soccer, baseball and basketball. He spoke in support of the City finding a place for a skateboard park in order to provide a safe environment for this sport also. He mentioned that it was a quickly growing sport. He commented that the kinds of maneuvers the kids did on the skateboards required an environment with some stimulus, as opposed to simply a flat piece of ground. • Eric Lider, Wembley Park Mr. Lider commented that, since his son started skateboarding, he has become aware of the importance of skateboarding to the development of physical skills as well as a form of recreation. He argued that the kids needed a place in Lake Oswego where they could engage in this sport. Mr. Lider observed that his image of skateboarding has changed markedly since his son's involvement, not only in terms of appreciating the skill level involved but also the social part, as he has seen positive conduct and attitudes at the Newberg skate park. He noted that it was becoming a respected sport, similar to snowboarding. He indicated his desire to get involved and to show his support for a skate park in Lake Oswego. Councilor Hoffman recalled that, in 1999, the Parks & Recreation Advisory Board identified Waluga Junior High School as an ideal site but the parents objected. He commented that if the Council asked PRAB to revisit the issue, the Board might need Mr. Lider's help because there was a strong parental reaction against having a skate park on school property. He asked Mr. Lider for his reaction to the idea. Mr. Lider said that location was extremely important. He noted that Newberg was not an easy place to get to. He indicated that he would be interested in exploring the idea mentioned by the Councilor. 7. PUBLIC HEARINGS 7.1 Recommendation from the Planning Commission for a legislative text amendment to the Lake Oswego Comprehensive Plan to include the Waluga Neighborhood Plan and to amend the Waluga Neighborhood Association boundary (LU 00-0025) David Powell, City Attorney, reviewed the hearing procedures for a legislative hearing and testimony time limits. He asked the Council to declare any conflicts of interest. There were none. STAFF REPORT Sidaro Sin, Associate Planner,presented the staff report. Mr. Sin reviewed the process of developing the Waluga Neighborhood Plan over the past two and a half years. He mentioned the eight-member Neighborhood Steering Committee and the May 1998 neighborhood survey, City Council Minutes Page 4 of 17 February 5, 2002 which provided the impetus, goals and policies in the plan. He reviewed direction provided by the plan's eight broad goals (pages 5 to 21): citizen involvement, land use planning, open spaces and natural resources, parks and recreation, economic development, housing,public facilities and transportation. Mr. Sin mentioned that the plan included proposed polices supportive and complementary to the existing Comprehensive Plan policies, and were not intended to add additional regulatory polices to the Comprehensive Plan. Mr. Sin recalled that the Planning Commission recommended approval of the neighborhood plan at the April 23, 2001, public hearing but without the Department of Land Conservation and Development's (DLCD) comments. He noted that the Council expressed reservations regarding the plan at its May 1, 2001, study session, regarding the need for balance between meeting the City's and neighborhood's needs. He said that DLCD had comments similar to the Council's. Mr. Sin mentioned the Council subcommittee that worked with the Neighborhood Steering Committee to develop alternative policy language to address the concerns. He indicated that the neighborhood, the Council subcommittee and DLCD all found alternative language acceptable. Mr. Sin recommended Council adoption of the Planning Commission recommendation to amend the text of the Lake Oswego Comprehensive Plan to include the Waluga Neighborhood plan. He also recommended adding the alternative policy language, as discussed in the staff report and amended in Exhibit F-1. He mentioned the amendment to the Waluga Neighborhood Association boundary, shown in Exhibit F-1. PUBLIC TESTIMONY Mayor Hammerstad opened the hearing to public testimony. • Jeff Novak, 4322 Collins Way, Waluga Neighborhood Association Vice-Chair, Neighborhood Planning Steering Committee Chair Mr. Novak commented that the Waluga Neighborhood Association, officially recognized by the Council on August 3, 1976, was the oldest recognized neighborhood association in Lake Oswego. He noted the composition of the neighborhood: 300 multi-family units, 150 single- family residences and the Lake Grove and Kruse Way Business Associations. Mr. Novak mentioned that, from the neighborhood's perspective, they started the planning process five years ago with the establishment of the Steering Committee in January 1997. He indicated that they worked on the plan while awaiting official recognition and acceptance by the City into the neighborhood planning process, which they received in March 2000. Mr. Novak mentioned that Mr. Sin joined them as their planner at the start of the formal plan process in March 2000. He concurred that one of the strong sources of neighborhood input was the May 1998 survey; out of 426 surveys sent out, they received back 109, which was a good return rate. Mr. Novak reviewed the plan's vision statement of a diverse community desiring to share a planned community that maximized the quality of living while creating a small town atmosphere, maintaining the current balance of land use and density and providing clear transitions from the different types of property developments. Mr. Novak discussed the importance of the commercial business district in providing jobs and revenue, and of the multi-family dwellings as a buffer between single-family residences and the business areas. He mentioned their intent to insure that they did not exceed their current mix of multi-family to single-family density, which already exceeded the Metro guidelines. Mr. Novak described the methods they intended to use to protect the single-family housing island from encroachment by businesses and cut through traffic. He cited Waluga Park as a resource that greatly enhanced the livability of the neighborhood. City Council Minutes Page 5 of 17 February 5, 2002 Mr. Novak recognized some of the key people who have helped the neighborhood through the five year process: Jim Bolland of First Addition, Matt and Sherry Finnigan of Lake Grove, John Pullen and LONAC, Sidaro Sin, and the Steering Committee members and their spouses. Mayor Hammerstad thanked the neighborhood for its perseverance and understanding that the City and the neighborhood needed to resolve any problems together. She said that she was pleased to serve on the subcommittee that worked out the problems. Councilor McPeak echoed the Mayor's thanks. She commented that she had been pleasantly surprised by the open work the neighborhood and the subcommittee did in dealing with DLCD's requirements. Mayor Hammerstad closed the public hearing. COUNCIL DISCUSSION Councilor McPeak moved to approve Waluga Neighborhood Plan (LU 00-0025), to direct staff to prepare findings and Ordinance 2318 for adoption, and to amend the Waluga Neighborhood Association boundaries. Councilor Rohde seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham voting in favor. 17-0] Mr. Powell noted that this was a preliminary decision; the Council would make its final decision upon adoption of the written findings and ordinance on March 5, 2002. 7.2 Recommendation from the Planning Commission for Legislative amendments to the Lake Oswego Zoning Code to expand the City's neighborhood notice requirements regarding land use applications (LU 01-0045). Mayor Hammerstad noted that the hearing procedure was the same as outline by Mr. Powell for the previous hearing. Mr. Powell asked the Council to declare any conflict of interests. There were none. STAFF REPORT Mr. Sin noted that these proposed amendments came out of concerns expressed by the neighborhood associations with respect to increasing notification to the properties affected by land use applications and to increasing citizen involvement opportunities for the associations. He explained that the amendments represented a compilation of the policies in neighborhood plans, which expressed those concerns. Mr. Sin said that the amendments would apply citywide. He mentioned that there were nine amendments, including mailing notices to abutting neighborhood associations as well as the affected ones, and requiring that the 300 foot mailing area be extended in increments of 10 feet until 50 properties in the area were noticed. He indicated that the applicant would be required to provide more detailed information at the neighborhood association meeting, and that the neighborhood association chair would have the opportunity to provide a list of the neighborhood's concerns, in addition to the applicant's minutes. Mr. Sin said that the Planning Commission incorporated the comments of the one person who testified at the November 26, 2001, meeting into the draft amendments. He noted that the Commission voted unanimously to recommend adoption of LU 01-0045 to the Council. Mr. Sin confirmed to Councilor Turchi that this proposal brought neighborhood plans into alignment with City policy. Mayor Hammerstad commented that it also expanded the notice requirements and made neighborhood plans consistent with each other. PUBLIC TESTIMONY City Council Minutes Page 6 of 17 February 5, 2002 Mayor Hammerstad opened the hearing to public testimony. Seeing none, she closed the public hearing. COUNCIL DISCUSSION Mayor Hammerstad mentioned that the Council had a study session on this item. She said that the Council had been in agreement with the expanded notice. Councilor Rohde moved to approve LU 01-0045 and to direct staff to prepare findings and a finalized ordinance 2317 for adoption. Councilor Hoffman seconded the motion. Councilor Hoffman concurred with Mayor Hammerstad that the Council did discuss this before and was in agreement. He described the proposal as a way of facilitating dialog between neighbors and the developer/applicant, and avoiding the disagreements that City planners sometimes got involved in. He expressed his hope that this would fit in well with the work of the Infill Task Force, in as much as it allowed the developer/applicant the opportunity to be a good neighbor. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham voting in favor. [7-0] Mr. Powell noted that this was a preliminary decision; the Council would make its final decision upon adoption of the written findings and ordinance on March 5, 2002. 7.3 Recommendation from the Planning Commission for Legislative text amendments to the Lake Oswego Zoning Code and Development Ordinance to combine the City's land use development codes and development standards into a new, consolidated, Community Development Code (LU 01-0048) Mayor Hammerstad noted that the procedure was the same as outlined for the prior two hearings. Mr. Powell asked the Council to declare any conflict of interests. There were none. STAFF REPORT Mr. Sin explained that this reorganization of the LOC 48 Zoning Code, LOC 49 Development Code and Lake Oswego development standards into one consolidated Community Development Code resulted in a more logical and user-friendly code. He emphasized that the consolidation involved no substantive changes. He mentioned that the impetus for the reorganization came concerns expressed by the daily users of the Code, such as developers, consultants and Board and Commission members. Mr. Sin mentioned that the last major reorganization of the Zoning and Development Code occurred in 1982. He indicated that, over the years, there have been some substantive but minor code amendments. He noted that the Planning staff, in using this version since last summer, provided the project team with valuable feedback in its development. Mr. Sin reviewed the three types of revisions: global changes involving minor corrections (i.e., title changes, general typographical errors), specific changes, as noted in the errata sheet(Exhibit F-2), and the most recent errata sheet(January 28, 2002) listing the changes made after the printing of the December 2001 draft. Mr. Sin explained that staff changed the organizational structure to follow the chronology in the land use application process. He noted the major section divisions: purpose, definitions, zoning districts, overlay zones, development standards, special design district standards, types and processes for different applications, hearing procedures and fees. Mr. Sin mentioned that the City issued several press releases to the public but did not receive any public comment. He said that the Planning Commission recommended adoption of the amendments at its November 26, 2001, public hearing. City Council Minutes Page 7 of 17 February 5, 2002 Evan Boone, Deputy City Attorney, reviewed the changes listed on the January 28, 2002, errata sheet (page 23), which he described as technical and not substantive. He explained that they put `roads' back into the title of LOC 58, Onsite Circulation, Driveways and Fire Access Roads, at the request of the Planning staff. He indicated that the consolidated code has been posted at the City's website, and updated per the January 28 errata sheet, which was also posted at the site. Councilor Rohde complimented the staff that worked on this consolidation on their fantastic job in easing the citizens' opportunity to interact with the City. He recalled that the condition of the City's various codes has been a source of anger for citizens for years in trying to get simple things done. PUBLIC TESTIMONY Mayor Hammerstad opened the hearing to public testimony. • Carolyne Jones, 2818 South Poplar Way Ms.Jones asked the Council to delay adoption of this code consolidation. She said that she just received access to the paperwork today and has not had a chance to review it in a careful manner. Mayor Hammerstad reiterated that there were no substantive changes in the document; it was simply a reorganization intended to make it easier for planners and citizens to find the information. Mayor Hammerstad closed the public hearing. COUNCIL DISCUSSION Councilor Hoffman moved to approve LU 01-0048, and direct staff to prepare findings and Ordinance 2314 for adoption, including all the errata. Councilor Rohde seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham voting in favor. [7-0] Mayor Hammerstad thanked staff for their achievement. Mr. Powell noted that this was a preliminary decision; the Council would make its final decision upon adoption of the written findings and ordinance on March 5, 2002. • Mayor Hammerstad recessed the meeting for a break. • Mayor Hammerstad reconvened the meeting. 7.4 Deliberations and decision on ZC 7-98—Density Guidelines. A recommendation from the City of Lake Oswego Planning Commission proposing legislative text amendments to the Lake Oswego Zoning Code (LOC Chapter 48) that require a minimum lot density be achieved when land is subdivided in any residential zone and to amend the minimum density text currently in the Zoning Code for R-3 and R-5 zones so that it only applies to subdivision development. A public hearing was held on this item on January 15, 2002. The record was kept open until January 29, 2002, for additional comments. Mayor Hammerstad noted that the Council held six hearings on this topic since it began its discussions in October 1998, and adopted density guidelines for certain zones in April 2000. She explained that doing so did not meet the criteria for the state and regional requirement. She mentioned the October 23, 2001, public information session on density and design, the Council's study session on January 8, 2002, and the January 15 public hearing with its record held open until January 29. She indicated that the Council would not take testimony tonight but rather deliberate and make its decision. City Council Minutes Page 8 of 17 February 5, 2002 For discussion purposes only, Mayor Hammerstad labeled the two ordinances as Ordinance 2309-A(subdivisions only) and Ordinance 2309-B (subdivisions and partitions). Mayor Hammerstad recalled that the Council heard considerable testimony at the public hearing on the inclusion of the partitions. She explained that Councilor Hoffman requested two versions of the ordinance so that they could discuss them separately. She noted that the Planning Commission recommended the version with both subdivisions and partitions, which included a future development plan for partitionable lots in order to ensure more efficient use of the land than building one large house in the middle of the lot. Jane Heisler, Community Planning Manager, drew the Council's attention to the memo that contained all the exhibits collected at the public hearing and received by staff up to January 29. She noted the January 8 study session minutes, the memo from the City Attorney regarding PA 785, the exceptions to the Urban Growth Management Functional Plan requirements (Exhibit F- 8), and the memo from the City Attorney regarding Metro's enforcement authority (Exhibit F-9). Ms. Heisler clarified that the Planning Commission did not recommend that this apply to partitions but that a future development plan be required. She commented that that was a difficult concept to grasp because all of the past discussions have been of partitions and subdivisions or of subdivisions only. Ms. Heisler indicated to Councilor Hoffman that minimum density currently applied to the creation of any lot in the R-3 and R-5 zones. She confirmed that there was no minimum density with respect to the R-0 zone at this time nor has the City applied minimum density to any other zone. • Ordinance 2309-B. Mayor Hammerstad asked for a motion on Ordinance 2309-B, the Planning Commission recommendation that included the future development plan for partitions. Mr. Powell clarified that Ordinance 2309-B did not contain the future development plan; it simply applied 80% minimum density to both subdivisions and partitions, which was stricter than the Planning Commission recommendation. He recalled that, while the Planning Commission had recommended the future development plan for partitions, the Council discussion at the public hearing was that it did not want to see the future development plan come back, and only wanted to see an ordinance for subdivisions. He noted that Councilor Hoffman had asked for an alternative ordinance that included subdivisions and partitions straight out, as opposed to including a future development plan. Ms. Heisler commented that the comments received by the Council characterized the inclusion of the future development plan as confusing. Mr. Powell indicated that staff could easily put the future development plan back in the text, if the Council so desired, but they had followed the Council direction as they understood it. Mayor Hammerstad said that she was under the impression that Councilor Hoffman wanted to try to convince the Council of the wisdom of following the Planning Commission recommendation. Councilor Hoffman indicated that he could support either the Planning Commission recommendation or Ordinance 2309-B because the concept was essentially the same. Mr. Powell mentioned that staff discussed the matter after the hearing and concluded that there was little difference between applying minimum density outright to partitions or requiring a future development plan. Councilor Hoffman moved to adopt Ordinance 2309-B. Councilor McPeak seconded the motion for purposes of discussion. Councilor Hoffman explained that he brought this alternative forward because he felt that the Council should consider the Planning Commission's recommendation, as it was a Board composed of land use experts. He characterized the argument put forward by the Planning City Council Minutes Page 9 of 17 February 5, 2002 Commission as a quasi-equal protection argument: if one believed in the concept of minimum density, then why would one not apply it to both subdivisions and partitions? He held that the argument had merit, as it resulted in everyone having the same expectation and looking to the zone in dividing property. Councilor McPeak stated that, to her, all the decisions they made on subjects like this represented drawing a line at some point between the total free use of property at one end and no freedom of use of property at the other end. She said that, while she granted the Planning Commission the expertise that led it to make a decision aimed at how to achieve the efficient use of land, she did not think that that was the whole question. Councilor McPeak described the situation for the Council, as a political body, as listening to the Commission's recommendations and looking at the reasons why Metro asked the City to apply the state mandate of 80% minimum density to subdivisions only. She pointed out that there was a gap between those two positions. She commented that, while it might be a gap between good and perfect, her job was to decide where she wanted the community to go. Councilor McPeak said that she would reserve her arguments about minimum density for later. She stated that she did not support applying minimum density to all land divisions, as it inhibited the free use of property unnecessarily. She clarified that this did not mean that she would vote against all minimum density; it meant that she drew the line in a different place than the Planning Commission did. Councilor Turchi described the Planning Commission's concept as an intelligent way of looking at how land developed, at how to control the volume of homes on property, and at how to maintain compatibility within a neighborhood. He commented that he did not think that that was the issue that minimum density specifically addressed, and therefore he would vote against the motion. Councilor Turchi indicated the possibility that, if the Planning Commission's concept were to come back in a different form, such as a tool to manage compatibility, growth and the development of the community, he might vote for it in that context. Councilor Graham indicated that, while she concurred with planning for the inevitable growth in the community, which was one side of the issue, she could not support the partition aspect at this time from the other side of the issue. A roll call vote was taken and the motion failed with Councilor Hoffman voting in favor; Mayor Hammerstad, Councilors McPeak, Rohde, Schoen, Turchi and Graham voted against the motion. 11-6] • Ordinance 2309-A Mayor Hammerstad noted that Ordinance 2309-A was consistent with the requirements of state law and the Metro Functional Plan, in applying minimum density to subdivisions only. Councilor McPeak moved to adopt Ordinance 2309-A. Councilor Hoffman seconded the motion. Councilor McPeak stated that the City Council paid close attention to the testimony at the public hearing two weeks ago. She described it as presented by people from different areas, all of whom had a strong negative opinion about this ordinance. She summarized a main tenet of many of the arguments as the idea that requiring 80% minimum density on subdividable lots would change the world. Councilor McPeak commented that the idea of minimum density having a substantial impact on Lake Oswego represented thinking that muddled minimum density with zoning. She pointed out that the City has not changed its zoning to any extent since the mid-1980s, when it settled on its zoning districts with the implementation of the Comprehensive Plan. She explained zoning as City Council Minutes Page 10 of 17 February 5, 2002 creating a minimum lot size in an area, such as 7,500 square feet in an R-7.5 zone or 10,000 square feet in an R-10 zone. Councilor McPeak mentioned that the City developed the zoning with citizen participation; this set the density inherent in each zone (i.e., R-7.5, R-10 and R-20 were low-density zones). She noted that Forest Highlands retained its low-density zoning designation, as minimum density did not change the zone or the minimum lot size allowed in the zone. Councilor McPeak explained that this ordinance, in accordance with state land use law, would effectively set a maximum lot size in the zone. She explained that property owners would have to divide a parcel into at least 80% of the number of lots allowed under the zone; a lot could be smaller(down to the minimum lot size) but it could not be larger. Councilor McPeak questioned how that changed the neighborhood character. She argued that this forced nothing on property owners, as it did not change the zoning; property owners on Iron Mountain Boulevard retained their R-10 zone and would in to the future. She pointed out that the Council dispensed with applying minimum density to partitions, leaving this to apply to only the few parcels in the city big enough to subdivide, should the property owner decide to do so. She contended that it would not change the character of the neighborhood because the character was built into the zoning. Councilor McPeak observed that apparently the people in Forest Highlands had wanted R-20 zoning (based on the meeting minutes), yet after two years of contentious discussion between City staff and the residents in the mid-1980s, the residents accepted R-7.5 and R-10 zoning. She argued that density was built into the zoning, and not into minimum density. She held that the zoning has been a settled issue for 15 years. Councilor McPeak reiterated that there was zoning in Lake Oswego. Those in an R-15 zone would always live a little further away from the neighbors while those in an R-7.5 zone have had the possibility of living closer to the neighbors since the mid-1980s. Councilor McPeak described the change they were discussing as whether they should make a subdivision of land go further than it might otherwise have wanted to go. She held that it pushed what was already allowed but emphasized that it did not force it, because no one forced an owner to subdivide his/her land; the market did that. She referenced the comments made in the testimony that the market was pushing the community towards big houses on big lots. She disagreed with that assessment, arguing that fashion and wealth were pushing the community to big houses but high land prices were pushing the community towards small lots. Councilor McPeak observed that they conserved the use of land whenever possible because it was so expensive. She argued that this was what was pushing the issue, and not minimum density. She commented that she thought they could have done without the ordinance because the market was pushing in the same direction. She said that she did not feel that they were being allowed that choice but the extra push towards density created by this ordinance was small on top of market forces. Councilor McPeak reiterated that zoning created the neighborhood character to the extent that any of these kinds of things did. Councilor Hoffman concurred with Councilor McPeak's comments. He discussed the issue of the Council listening. He said that, although some of the neighbors might think that the Council did not pay attention to the testimony at the hearing, it did listen. He mentioned the research that the Council did in response to concerns raised by the neighbors, looking into what happened in 1986 and 1987 and reading the comments of the neighbors at that time. He held that the Council had a sense of what has been important in the neighborhood for the last 15 years, based on both oral and written testimony. City Council Minutes Page 11 of 17 February 5, 2002 Councilor Hoffman said that the Council knew that quality of life was important to the neighborhood, as was the Council listening to the neighbors. He commented that it was important to understand that being listened to and being agreed with were two different concepts. Councilor Hoffman indicated that he approached the issue from a regional perspective. He described the 2040 map adopted in 1995 as the region's vision. He referenced the question that former Mayor Schlenker asked in a Lake Oswego Review article: what was Lake Oswego's vision? He held that their vision was the compact urban form shown on the map, which was a vision of increased residential density, as opposed to urban sprawl. Councilor Hoffman noted that 460 square miles comprised the Metro community of 1.3 million people and 24 cities. He commented that every city, except Oregon City and Durham, which were working on it, and Lake Oswego have agreed with Metro and the other cities that density guidelines were important to maintain the urban growth boundary and to prevent urban sprawl. Councilor Hoffman listed the cities that have adopted minimum density guidelines. He argued that if 22 other City Councils, Planning Commissions and their neighborhood associations and citizens believed that they were in this together, that they were striving to protect rural lands (forest and agricultural), and that they agreed in 1995 on the 2040 map as the region's vision and policy, then he thought that Lake Oswego should follow the lead of its neighboring cities. He said that was why he would vote in support of the ordinance. Councilor Graham observed that average citizens trying to understand `Plannese' could get into trouble, as she has mentioned to the Planning Department. She asked to include a plain English paragraph underneath the formal planning language in the ordinance to explain what the formal language said. Councilor Graham repeated a comment made by Councilor Hoffman several months ago: change and growth would happen, and the City needed to guide the change. She spoke to getting on board with the City's planning now, as opposed to reacting too late. Councilor Graham described density guidelines as one leg of a many-legged planning stool. She discussed the other tools or legs of the planning stool: the Comprehensive Plan, the Zoning Code, the neighborhood plans, the Infill Task Force, the parks and open space plans and the Council goal to work with the County to prevent the degradation of the natural resources and the livability of the unincorporated areas Councilor Graham referenced Goals 5, 10, 13 and 14 of the Comprehensive Plan. She read from Goal 14: "The City shall, in conjunction, with adjacent jurisdictions and Metro, control urban sprawl and enhance livability by managing growth in an orderly and efficient manner to establish stable and predictable land use patterns." She emphasized that these planning tools were the only way to control and hold the urban growth boundary, to which she was committed. She stated that she would vote for the ordinance. Councilor Rohde mentioned learning over the last three weeks that some members of the community found his line of questioning of Mr. Anan Raymond and Mr. Henry Germond arrogant and condescending. He apologized for giving that impression, as that had not been his intent. He explained that a significant issue had been raised early in the discussion regarding quality of life: at what point did a place remain a desirable place to live? Councilor Rohde mentioned his tremendous respect for those who testified before the Council. He indicated that he understood how intimidating it was for citizens to do so, citing his personal experience with public testimony prior to his sitting on the Council. He explained that he asked Mr. Raymond and Mr. Germond to respond to his questions because, based on his familiarity with their qualifications, he respected their ability to answer difficult questions. He reiterated that he did not intend to make them look bad. Councilor Rohde recalled that his questions dealt with quality of life and the issue of whether the underlying zone negatively affected the quality of life in the community by creating a portion City Council Minutes Page 12 of 17 February 5, 2002 of the community at R-7.5 or R-10 or R-15. He said that the issue was important to native Lake Oswegans like himself who grew up in the areas of town zoned R-7.5. He commented that First Addition developed more densely than R-7.5, so the City changed the zoning to comply with the actual development pattern. He said that he had been trying to understand the supposition that density would create a bad living environment. Councilor Rohde discussed the larger issue of the government regulation of private property. He held that it was important for the government to exercise its right to regulate private property in instances where the use of the private property impinged on the quality of life of the adjacent homeowner, citing noise ordinances as an example. He said that he was trying to figure out where the negative nexus lay for density and how that might apply to the adjacent property owners. Councilor Rohde indicated that he never found that nexus because this regulation was not intended to prevent the disorderly use of private property in order to prevent damage to the neighbors. He discussed the philosophical differences that this realization brought to the fore for him with respect to the issue of private property rights. He argued that it was one thing for the government to impinge on a person's right to do whatever he/she wanted on his/her property in order to protect the adjacent property owner but it was a far different thing to impose a regulation on private property that went beyond protecting the adjacent property owner. Councilor Rohde observed that, for whatever reason, property owners in the area, despite high property values in Lake Oswego for the last two decades, opted not to exercise the underlying zoning in their area. He argued that, whether that continued or not, it should be a decision of the private property owner. Councilor Rohde described the reason behind Metro's use of this tool as ensuring that jurisdictions met their agreed upon housing targets, which was part of keeping the compact urban form. He argued that Lake Oswego was actually achieving its housing targets and would continue to do so without this ordinance. Councilor Rohde argued that ultimately it came down to a free market issue, and the right of the individual property owner of a large parcel to decide how he/she wanted to divide the parcel based on the underlying zoning. He contended that to tell property owners to do more than that exceeded the City's authority. He held that, in spite of the issues raised with respect to Metro's authority to impose this regulation, he did not believe that the City would be in so severe a position if it did not impose this regulation at this time. Councilor Schoen stated his belief on principle that each community should be able to develop as it wished. He said that he found it difficult to argue that increasing minimum density enhanced the quality of life anywhere in the city. He indicated that he would support the density guidelines in recognition of the City's need to conform to state land use law or face legal or other action. Councilor Schoen held that if one did not like the law, then one should work to change it. He recalled that the Council has been discussing this issue for five years at a minimum, and taken the position that it had to comply in order to avoid any potential legal action by Metro. He indicated that he would reluctantly support the motion. Councilor Turchi thanked those who testified before the Council, both at the public hearing and in written testimony. He indicated that he found the testimony informative and enlightening. He described the hearing as a good exercise in democracy; sometimes people who wanted the same outcome looked at the same information and came to completely different positions. Councilor Turchi recalled that he had been impressed by those who lived outside the city who indicated that they were really a part of Lake Oswego. He held that eventually this would all come together, and should do so because they were neighbors. He commented that people were City Council Minutes Page 13 of 17 February 5, 2002 amazed when he told them that if they looked to the north while driving along Country Club Road, they were not looking at the City of Lake Oswego. Councilor Turchi said that he was familiar with the Forest Highlands area because he lived in Red Fox Hills for several years. He indicated that he liked it the way it was, and that packing house upon house in that area was not attractive to him. He pointed out that the Council passing this ordinance would not change the existing situation in the neighborhood because a property owner could decide to subdivide his/her property tomorrow and the City had to provide services to that development. He held that the area would develop either by serial partitions or by subdivision. Councilor Turchi recounted his experience of buying a home in 1971 on the corner of Carman Drive and Bonita Road, which was before Highway 217 was built. He mentioned that it was a beautiful pastoral area with Mr. Kruse's farm near-by, and that they bought on a weekend. He recalled waking up on Monday morning to hear 17,000 cars going by. He observed that the road was not unlike Goodall and Knaus roads. He stated that the lesson he learned through this experience was that when purchasing property next to a field, someone else owned the field. Councilor Turchi contended that the neighbors, to a great degree, would determine how Forest Highlands would develop because they owned the property. Councilor Turchi mentioned that he recently moved into a new neighborhood, which he loved, because he wanted to live in that environment and because it was completely developed. He observed that those who moved into Forest Highlands or Lake Forest Boulevard did so because they liked the environment. He commented that, although he would like to say that that environment would not change, he thought it likely that it would change in areas with large tracts of developable land. Councilor Turchi pointed out that if the Council downzoned those areas, it would likely have just as many property owners coming in to inform the Council of their future intentions to subdivide their property, which made downzoning a problem for them. Councilor Turchi said that Tom McCall was his political hero and that he saw SB 100 as the best thing that ever happened to the state. He stated his belief in the urban growth boundary and the City's responsibility to make it happen. He concurred that the City should try to avoid infringing on property rights but pointed out that everything the City did in planning infringed on property rights in one way or another. Councilor Turchi said that he would support the motion. He expressed his hope that the Forest Highlands residents could work things out so that it did not have any great impact on that community. He noted that the question of whether the area had the right zoning was not before the Council today; complying with state law was the issue. He suggested looking at the zoning question separately if the Council wished to do so. Mayor Hammerstad referenced Councilor Hoffman's comment that the Council did research what happened in the mid-1980s in the Forest Highlands area. She suggested that the neighborhood revisit the Forest Highland plan developed at that time, which explained the existing zoning designation. Mayor Hammerstad commented that `density' was confused with `overpopulation.' She held that density meant living closer together, and not too many people. She pointed out that some of the most livable places in the world were developed densely, such as Vancouver, B.C. She rebutted two common arguments against density, that it caused crime and greater costs of infrastructure and transportation. She indicated that density reduced crime because it could put people together in a 24-hour city with ongoing street activity. She held that people living in an urban core where they could walk or ride a bus might decrease the infrastructure and transportation costs. City Council Minutes Page 14 of 17 February 5, 2002 Mayor Hammerstad referenced the question from a citizen of why it did not ask for an exceptions. She said that the City Attorney looked into that question, and found that the City did not fit within the exceptions criteria. She noted that the enforcement avenue Metro would most likely use was a writ of mandamus, which was a legal action requiring someone to do what he/she was supposed to do in the first place, and a powerful enforcement tool. Mayor Hammerstad mentioned her research into several testimony points. She disagreed with Councilor Rohde that the City has reached its targets. She held that the City was on its way to achieving its 2017 targets but it has not done so yet. Mayor Hammerstad observed that whether the Council passed this ordinance or not would affect achieving those goals. She pointed out that currently a developer could develop at 100% of the zone, citing an example of five units per acre; this ordinance required the developer to build four units at a minimum. She explained how the deletion of land area for right-of-way and streets and the constraint of natural resources protection zones would cause the land to develop less densely. She indicated that the Council intended to maintain protection of natural resources, especially if someone annexed into the City before development. Mayor Hammerstad held that the City could still reach its targets, even removing the undevelopable property. She recounted a specific example of developing an acre lot (43,000 square feet) in an R-15 zone, which allowed approximately three houses in theory. She emphasized that, by the time they took out the right-of-way, streets, sidewalks, etc., they no longer had sufficient land to get two lots on an acre in an R-15 zone. She pointed out that normally the City considered an R-15 lot as half an acre because of the development considerations. She reiterated that, even with an 80% minimum density ordinance, in reality the land did not develop at that density. Mayor Hammerstad mentioned the efforts by members of the community, including herself and former Mayor Schlenker, to keep the Stafford Triangle out of the urban growth boundary, which was a goal she continued to support. She argued that it would be inconsistent for her to refuse to pass an ordinance allowing development within the urban growth boundary and then to oppose bringing the Stafford area in. Mayor Hammerstad contended that if she opposed bringing in the Stafford Triangle, then she had to do something to allow development within the urban growth boundary that would prevent the urban sprawl that so many Lake Oswegans opposed. She noted that the cost of the infrastructure needed to serve those developments at the edge was much more expensive than taking advantage of the infrastructure within the current city. Mayor Hammerstad held that this ordinance was consistent with doing what the City could to meet its housing targets as a means of keeping the urban growth boundary as compact as possible. She argued that moving the urban growth boundary at Lake Oswego's edge would be expensive and detrimental to the community. Mayor Hammerstad said that she would vote for the ordinance based on the reasons she discussed. She stated that she saw this ordinance as having very little effect. She contended that it has been used for political purposes and blown out of proportion. She expressed her hope that, in the future, when they had difficult land use decisions to make, that they focus on the real problem and get away from the political rhetoric. Councilor Hoffman thanked the residents from Forest Highlands and the other neighborhoods for participating in the decision-making process. He reiterated that the Council did listen and that it did appreciate the neighbors' presence. He spoke to the importance of engaging in a discussion between the City and the residents. He suggested that, in the future, they have a more informal discussion of the pros and cons of the issues of concern to the residents, as opposed to the formal public hearing process. City Council Minutes Page 15 of 17 February 5, 2002 Councilor Hoffman said that none of the Councilors did anything to intentionally dissuade people from participating or speaking before the Council. He said that if he offended anyone by deed, word, or apparent attitude, then he apologized. He mentioned that he and Councilor Rohde have been wrestling with the minimum density and quality of life issues for four years, and trying to find the difficult balance between community needs and the passion of the neighbors. A roll call vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Schoen, Turchi and Graham voting in favor; Councilor Rohde voted against the motion. [6-1] Mr. Powell noted that this was a preliminary decision; the Council would make its final decision upon adoption of the written findings and ordinance on March 5, 2002. 8. INFORMATION FROM COUNCIL 8.1 Councilor Information 8.1.1 Resolution 02-09, approving the formation of a joint subcommittee with the City of West Linn to explore the feasibility of establishing a joint aquatic/community center Mayor Hammerstad said that PRAB recommended approval of the formation of a six-member committee under their auspices to join with the six-member committee from West Linn. Councilor Graham recalled the fine presentation on the Lake Oswego High School pool, which a student made to the Council some time ago. She asked to ensure that at least one student or more served on the committee. Mayor Hammerstad concurred with making that suggestion to PRAB. Councilor Turchi spoke in support of investigating this option but cautioned that the budget situation foreseen in the next few years might not allow them to staff a facility, even if they could build it. Councilor McPeak moved to approve Resolution 02-09. Councilor Turchi seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham voting in favor. [7-0] 8.1.3 Resolution 02-11, a resolution of the City Council of the City of Lake Oswego supporting the addition to the Metro Regional Trails and Greenways Map of the Hillsdale to Lake Oswego trail. Councilor Rohde recounted his six-mile trek last Saturday along a trail between the Lake Oswego transit center and the Hillsdale transit center at the invitation of Don Back. He explained that Mr. Back wanted to show him the trail in order to get Lake Oswego's support for adding the trail to the regional list of trails. He mentioned that Mr. Back was part of a volunteer organization that worked on improving trails in the Portland metro area. He noted that Metro required resolutions of support from the affected jurisdictions before adding a trail to the list; Portland has already passed its resolution. Councilor Rohde moved to approve Resolution 02-11. Councilor Schoen seconded the motion. A voice vote was taken and the motion passed with Mayor Hammerstad, Councilors McPeak, Hoffman, Rohde, Schoen, Turchi and Graham voting in favor. [7-0] 8.1.2 Resolution 02-10, adopting a selection policy for purchasing a work of art from the Arts Downtown exhibit Mayor Hammerstad said that this item was postponed to the February 12, 2002, meeting. 8.2 Reports of Council Committees, Organizational Committees and Intergovernmental Committees 8.2.1 League of Oregon Cities Board City Council Minutes Page 16 of 17 February 5, 2002 Councilor Rohde reported that the Board discussed the continuing lawsuit against Qwest, which many cities (including Lake Oswego) participated in; if Qwest prevailed in its failure to pay its franchise fees, that led to every other utility having the legal right not to pay their franchise fees. Councilor Rohde mentioned the League's consideration of a legislative package or referendum to enhance home rule charters. He recalled that the League had been instrumental in getting the unfunded mandate law passed in Oregon, which required that state laws containing funding implications have funding with them before cities were required to enact the law. He described the home rule charter as strengthening the ability of local governments to determine their own and limiting the legislature's pre-emptive ability on local decision making. 8.2.2 Announcements Councilor Graham announced the Adult Community Center's Annual Valentine Luncheon on February 13 at high noon; reservations needed. Councilor Graham announced another child safety seat check at the Main Fire Station on Saturday, February 16, from 10 a.m. to 2 p.m. She reminded the audience that state law required children from 6 years old and younger or 60 pounds to sit in a protective booster or safety seat. She mentioned that they found at the last safety seat check in Lake Oswego that 88% of the seats checked were installed incorrectly, which was consistent with the national statistics. She noted that these quarterly checks were funded through grant money awarded to the Lake Oswego Police Department Traffic Division. 9. REPORTS OF OFFICERS 9.1 City Manager 9.2 City Attorney 10. EXECUTIVE SESSION Mayor Hammerstad recessed the meeting to Executive Session at 8:15 p.m. pursuant to ORS 192.660(1)(e), to discuss property transactions. She reviewed the Executive Session parameters. 11. RETURN TO OPEN SESSION Mayor Hammerstad reconvened the regular Council meeting at 8:25 p.m. 10. ADJOURNMENT Mayor Hammerstad adjourned the meeting at 8:25 p.m. Respectfully submitted, Robyn Christ. City Recorder APPROVED BY THE CITY COUNCIL: ON March 5, 2002 //0224*( di die Hammerstad, Mayor City Council Minutes Page 17 of 17 February 5, 2002