HomeMy WebLinkAboutApproved Minutes - 2009-05-12 o,I.Ak os
CITY COUNCIL SPECIAL MEETING
MINUTES
oor
/// May 12, 2009
a[cor E1.--
Mayor Jack Hoffman called the special City Council meeting to order at 8:38 p.m. on May 12,
2009, in the City Council Chambers, 380 A Avenue.
Present: Mayor Hoffman, Councilors Jordan, Hennagin, Moncrieff, Olson, Tierney,
and Johnson
Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie,
City Recorder
3. EXECUTIVE SESSION
Mayor Hoffman recessed the meeting to an Executive Session at 8:38 p.m. pursuant to ORS
192.660 (2)(e) to conduct deliberations with persons designated to negotiate real property
transactions and (h) to consult with attorney regarding legal rights and duties of a public body with
regard to current litigation or litigation likely to be filed.
Mr. Powell reviewed the Executive Session parameters.
4. RETURN TO OPEN SESSION
Mayor Hoffman reconvened the open session at 9:57 p.m.
4.1 Contract Amendment/Insurance Policy
Councilor Jordan declared a conflict of interest and recused herself because her husband's law
firm represented Advanced American Construction.
Mr. Powell explained that Amendment No. 2 to the drawdown agreement was the same as the
amendment to the bid documents that staff made during the bidding process when they realized
that the contractors did not want the amount of risk allotted to them under the original indemnity
and release provisions. Making the bid modification resulted in the City receiving a favorable low
bid with significant savings to the City.
However, in exchange for less protection under those indemnity and release agreements, the
Corporation asked for additional insurance to be bought in its name. Mr. Powell indicated that the
upgrade project insurance side agreement fulfilled that request. He recommended that the Council
approve both documents, as presented in Executive Session as part of the real property
negotiations related to the overall agreement.
Councilor Tierney moved to authorize execution of Amendment No. 2 to the draw down
agreement in the form presented to Council as Exhibit A. Councilor Hennagin seconded the
motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors
Hennagin, Moncrieff, Olson, Tierney, and Johnson voting `aye.' Councilor Jordan did not
participate. [6-0]
Councilor Tierney moved to authorize execution of the Oswego Lake Interceptor Sewer
(OLIS) upgrade project insurance side agreement in the form presented as Exhibit B.
Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed
with Mayor Hoffman, Councilors Hennagin, Moncrieff, Olson, Tierney, and Johnson voting
`aye.' Councilor Jordan did not participate. [6-0]
City Council Special Meeting Minutes Page 1 of 2
May 12, 2009
4.2 Alder Point Easement
Mr. Powell noted that Councilor Jordan was not recusing herself from this matter.
He recalled that the Lake Corporation granted the City an easement over the Alder Point property
for the purposes of the LOIS project. He said that there was also a non-exclusive pre-existing
easement in favor of certain households within the area to use that property for swimming and
boating purposes. He indicated that the previous Council had authorized an agreement with the
Alder Point Club (representing those households) to pay $30,000 to the Club to enable the
members to reconstruct their dock after the project was finished.
He reported that, in subsequent discussions with staff, the Alder Point Club offered to completely
abandon the use of the Alder Point easement for the duration of the City's need in exchange for an
additional payment of$5,130, and a waiver of system development charges and connection
charges associated with hooking up to the City's water main and sanitary sewer in their area. The
additional cash payment would cover the operating expenses that the Club members would have
otherwise covered during that time.
He indicated that a final clause was the City paying $28.03 per day for every day that the project
went beyond the May 10, 2010, estimated project end date. This payment represented a pro rata
share of the operating expenses.
Councilor Johnson moved to authorize execution of the agreement with the Alder Point
Club containing those terms. Councilor Tierney seconded the motion. A voice vote was
taken, and the motion passed with Mayor Hoffman, Councilors Jordan, Hennagin, Moncrieff,
Olson, Tierney, and Johnson voting `aye.' [7-0]
4.3 Council Schedule
At Mayor Hoffman's request, the Council discussed who could attend the three upcoming tours
of regional infill developments on May 26 and May 28, and a Foothills/Streetcar tour on May 29.
Mayor Hoffman agreed to an abbreviated tour of Tigard before the dinner with the Tigard City
Council on Tuesday, May 26. He agreed to eliminate the Sandy tour on Thursday, May 28, on the
way to the Clackamas Cities Dinner.
All Councilors, except Councilor Johnson who needed to check her work schedule, agreed to go
on the Foothills/Streetcar tour on Friday, May 29.
The Council also discussed who could attend the Farmers' Market Opening Day.
5. ADJOURNMENT
Mayor Hoffman adjourned the meeting at 10:09 p.m.
Respectfully submitted,
atbo,:o
Robyn Christie
City Recorder
APPROVED BY THE CITY COUNCIL:
Jul 2' 009/
D. Hoffm ayor
City Council Special Meeting Minutes Page 2 of 2
May 12, 2009