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HomeMy WebLinkAboutApproved Minutes - 2010-11-02 PMCITY COUNCIL REGULAR MEETING MINUTES November 2, 2010 Mayor Jack Hoffman called the regular City Council meeting to order at 5:36 p.m. on November 2, 2010, in the City Council Chambers, 380 A Avenue. Present: Mayor Hoffman, Councilors Hennagin, Olson (5:41), Moncrieff, Tierney, Jordan, and Vizzini. Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie, City Recorder; Joel Komarek, LOIS Project Director; Jane Heisler, LOIS Communications Director; Erica Rooney, Asst City Engineer; Shawn Cross, Asst Finance Director; Paul Espe, Associate Planner; Dave Prock, Deputy Project Director, Lake Oswego Tigard Partnership; 3. PRESENTATIONS 3.1 LOIS Update Mr. Komarek presented photos of what the lake looked like in the Lake Down Phase. He mentioned that today he took officials from the U.S. Army Corps of Engineers and the Department of Environmental Quality on a tour of the lakebed. He reported that the officials were appreciative of the opportunity to see the work and pleased that the City was following all the conditions of its permits. He showed some pictures of the lake level controlling pumping system with its 17 pumps mounted on barges working to keep the lake level down so that the contractor can work on dry ground. He noted that they would finish the installation of the Bryant Road debris sump next week. Ms. Heisler reported that, following the discovery of contamination (diesel and gasoline) in the west end of the lake, the team immediately contacted DEQ and began the evaluation and containment process. She mentioned sending e-mail and postcard notifications to residents impacted by the various work projects. She indicated that the phone calls these days expressed concern about the effect of the heavy rain, signage, speeding trucks, and road closures. She directed people to the LOIS Facebook page where the team posted a lot of videos and pictures. She presented more pictures of the project work, including manholes and bypass pipes. Mr. Komarek stated that the project was on schedule with no problems anticipated. He mentioned their optimism that they would bring the project in at budget ($90 million). He indicated to Councilor Tierney that additional silt has been entering the lake during the recent rainfall. However, the team was implementing a number of best management practices in the lake to trap the sediment and prevent it from reaching the Willamette. Ms. Heisler confirmed to Councilor Tierney that the contamination had been in the lake for years and had nothing to do with the use of trucks and other equipment on the project. Mr. Komarek clarified to Councilor Hennagin that the contamination near the mouth of the Blue Heron Canal had been buried under an impermeable cap of fine silt and clay. When the contractor excavated for an access road, they smelled it and then noticed a sheen when water flowed into the excavation. He said that they removed 800 tons of material for disposal at the Hillsboro landfill site. Mr. Komarek indicated to Councilor Tiern y that, because the contamination lay within the City's fee simple strip, cleaning it up was the City's responsibility. City Council Regular Meeting Minutes Page 1 of 10 November 2, 2010 Ms. Heisler mentioned that the other media contact they had with the LO Review, in addition to the contamination contact, was on the issue of low oxygen levels in the lake and some sturgeon coming up dead. She indicated that the rain was bringing the oxygen levels back up and they thought that that would take care of the problem. Ms. Rooney indicated to Councilor Jordan that ODOT discovered a problem under the bridge that needed emergency resolution while taking advantage of the opportunity to inspect the bridges while the lake was down. She said that the bridge structures themselves were fine; the problem was scouring under the abutments. 3.2 Water Partnership Update Mr. Komarek reported that they were working diligently on the permitting process, which involved federal, state, and local agencies. He mentioned recently completing an in -stream habitat assessment of the Clackamas River to support the biological analysis submitted to the Corps as part of a joint permit application. He reviewed the six projects that comprised the program: the river intake on the Clackamas River, the raw water pipeline, the treatment plant, the finished water pipeline connecting the treatment plant to the Waluga Reservoir in West Waluga Park, and the Bonita Road pump station. He indicated that the team has completed the draft supply facilities capital improvement plan, which the joint City Councils would review next week. He noted that the intergovernmental agreement (IGA) with Tigard required both Councils to adopt the report before the project could move forward. He explained that the plan documented the findings and performance criteria as well as defining the starting point for design firms. He stated that the design firm procurement was underway. He mentioned a workshop they held last month, attended by over 70 individuals representing a variety of firms interested in learning more about the project. He said that they issued requests for qualifications last month with the intention of short listing up to six firms for each of the four design packages. He indicated that the first RFP for a design package would go out early next year. He reported that the project definition effort found that the costs have increased slightly over earlier estimates due to the inclusion of ozone in any expansion of the water treatment plant, as recommended by the expert panel and Citizen's Sounding Board. He noted that the estimates also included contingencies for construction and environmental mitigation. He explained that, while this would require a slight upward adjustment to the 2008 financing plan, the project definition reaffirmed that the partnership was still a good business decision relative to the other supply options considered. Ms. Heisler indicated that their focus last month was on the Robinwood neighborhood, Maple Grove Plat, and Waluga Reservoir neighbors, as the treatment plant and the reservoir were the two primary facilities with the most neighborhood impacts. She mentioned the Good Neighbor Plan workshop held last week with the Robinwood neighborhood. The team would continue that discussion on December 1. She noted that both Tigard and Lake Oswego were getting their cost of service analyses in order, as it would impact rates. She mentioned a November 30 study session for Council and a public hearing on the new fees towards the end of December. She reported that the Committee of Four and the Oversight Committee recommended supporting the Technical Committee's recommendation of a 38 million gallon pumping capacity and ozone, as recommended by the expert panel. Mr. Komarek reviewed the schedule. He noted that both Councils would adopt the supply facilities capital improvement plan in December. He mentioned the favorable ruling that the City received from the administrative law judge on its water rights; the issue was now waiting on the final order City Council Regular Meeting Minutes Page 2 of 10 November 2, 2010 from the Department of Water Resources Director. He observed that the Council has already seen the updated project cost estimates. He indicated to Councilor Jordan that because Lake Oswego treated its water, it would not face Portland's problem of discolored water from the Bull Run system. Portland did not filter their source or treat their water, and therefore, the chemical substances in the leaves falling into the water after the first heavy fall rain discolored the water. He noted that the water was fine to drink. 3.3 Review of First Quarter Financial Information Mr. Cross reviewed the information on the General Fund (pp.1-3). He mentioned that usually the City received 86% of its property tax revenues in December because most people took advantage of the 3% discount. He indicated that staff would watch how the property taxes came in because the 1 % assumed growth the City budgeted for was turning out to be .3% growth in reality (p.1). He noted that the City could pull funds out of contingency if necessary. He explained that the large increase in intergovernmental revenues in the first quarter over last year came from the $1.2 million received by the City in a September fee payment from Tigard. He pointed out that staff no longer did the interfund transfers seen in previous budgets because the City combined all those separate funds into the General Fund. He mentioned receiving a question about worker's compensation. He explained that the City paid the roughly $450,000 bill it received every July in July as a matter of fund accounting; there was no pre -paid expenditure for fund accounting. He indicated that the City made its debt service payments in December and January. He mentioned that the City budgeted 3% interest but the rates were coming in just under 2% (p.2). He mentioned a question about the transfers out. He explained that when the Community Development Fund (Engineering and Planning) split into the Engineering Fund and the General Fund (Planning), the $300,000 Bridgeport settlement had been sitting in the Planning part of the Community Development fund. Staff decided that the money belonged in the Street Fund for projects on Boones Ferry near Tualatin because that was what the money was for; they would make that transfer later. He reviewed the Water Fund (p.3). He noted that sales and services were down $113,000 due to water conservation and a rainy June lowering water consumption (900,000 units down from 1.1 million units last year). He mentioned that lower bulk water sales was another factor, in that Tigard purchased only $2,000 of bulk water instead of the $82,000 it bought last year. He noted that the .7% transfers from the Tourism Fund to the General Fund reflected administrative costs (p.3). He explained that the transfer from the Trolley Fund to Economic Development represented a one-time transfer for work done by the Economic Development department (p.3). He reported that staff realized during the audit that, for reporting purposes, they needed to put the LO/Tigard Water Project Fund under the Water Fund because it was a capital project within the water utility. He indicated that staff would look at keeping it as its own fund or set it up as a separate fund within the Water Fund, similar to the LOIS fund. He mentioned the $957,000 FEMA grant the City received for the dam. He indicated that the City has already started the process to reimburse the Lake Corporation for the work. Ms. Rooney reviewed the two capital improvement program (CIP) matrices in the report. She observed that the CIP spending to date/budget graphs were self-explanatory (pp.21-22). She indicated that the composite project schedule (pp.23-24) showed the major milestones for each project as known at this time. She responded to the questions submitted earlier by Councilor Tierney. She explained that they showed the pavement preservation projects (Work Order Nos. 139 and 140) as a whole in the City Council Regular Meeting Minutes Page 3 of 10 November 2, 2010 budget because they came out of the same funding source. Staff showed them separately on the schedule because they occurred separately in time. She indicated that, while it was possible for staff to spend all the pavement preservation funds in this fiscal year, they were struggling with whether to spend all the money on small projects this year or save it up for larger projects. She explained that staff used the information from the study done this year to analyze the design needs for several major arterials and collectors in the area and the information from the City's annual PCI study in deciding how to balance those needs. She said that staff would come to Council with a report for this major decision. She explained that ODOT's discovery of 'scour critical' damage under some bridges, while taking advantage of the lake down phase to do its regular bridge inspections for the City, necessitated the emergency bridge repairs. She indicated that staff had set aside some money in the Engineering Fund for this sort of unexpected emergency. They were hiring a consultant to determine the proper fix, which they intended to complete before the lake level went back up. She noted that this unexpected project has affected all other Engineering projects, and could cause some schedules to slip. She reiterated that it was an emergency that the City needed to take care of now. She said that it was not likely that staff would spend all of the annual water main rehab funds this year. She explained that staff has been fully immersed in the Wastewater Master Plan project and another wastewater capital project in Lake Forest. She spoke of adjusting the CIP for the next year in order to not take on any new annual water main projects but instead do the projects they delayed from this year. She indicated that they did not have the staff capacity at the level they had hoped for. She clarified to Councilor Olson that the annual water main rehab and other water projects were separate from the LO/Tigard water project. She confirmed that staff would coordinate with the LO/Tigard project team for those projects occurring in the area of the water project work. She indicated that it was also not likely that staff would expend all the monies in the annual wastewater project fund this year. She explained that staff was waiting on the CIP prioritization of projects list, which the Wastewater Master Plan would produce, before spending the money. Staff wanted to make sure that it was spending the money in the right way and on the highest priority first, but that list would not be available for discussion until early next year. Councilor Hennagin asked why the City did not have the expertise in its Engineering Department to undertake the bridge analysis and repairs. Ms. Rooney explained that bridges were a specialization within the engineering industry and required structural and hydrologic engineers to do the work. The City currently did not employ those types of engineers. Councilor Hennagin mentioned that he has never heard of Chow Corner (p.23). Ms. Rooney indicated that Chow Corner was a pocket park located at the intersection of Jean and Boones Ferry Roads. She explained that a previous development project in that area did not take the sidewalks on either side of Jean Road over the railroad tracks. As a result of conditions of approval for the Bridgeport project six years ago, the City had the designs to complete the sidewalks and to enable bicyclists to cross the tracks safely also, which it intended to do with this project. Mr. Powell mentioned that Chow Corner was named after Tom Chow, the previous property owner who dedicated the pocket park to the City 12 years ago. Councilor Hennagin mentioned that he did not recall why the Council budgeted 1 % in property tax receipts over the automatic 3% increase. Mr. Cross indicated that, while he was not certain what growth the Council had anticipated, the two previous years had a 1% increase in the down economy. He said that the .3% translated to $200,000 less out of $29 million. Ms. Rooney confirmed to Councilor Jordan that staff coordinated all City utility projects with street projects in order to avoid tearing up the street for each project. She described how staff worked with the LO/Tigard team's schedule in deciding when to do which projects within a quarter - City Council Regular Meeting Minutes Page 4 of 10 November 2, 2010 mile swath of the proposed pipe alignment. With reference to the Qwest and Northwest Natural Gas projects at the corner of Upper Drive and Reese Road, she explained that it was impossible for the City to control private utilities' projects, although staff did its best to manage the timing of those projects. Councilor Tierney asked if staff thought it appropriate for the Council to adopt a capital budget of a certain amount with the expectation that the City would not spend that money in the fiscal year. He clarified his question by stating that the Council approved the pavement preservation, water, and sewer programs to certain dollar amounts, yet staff was indicating in this first quarter report that it was unlikely that the City would do the work associated with those dollar amounts. Ms. Rooney pointed out that the CIP process for this year started a year ago. She indicated that several things have changed since last January when the CIP was locked in, such as the Wastewater Master Plan taking up more of staff's time than anticipated. She commented that staff would get to a balancing point where they understood exactly what staff's capacity was against the project dollars. She also discussed the effect of the project budget and the project construction usually occurring in two different fiscal years. She indicated that staff has not yet perfected budgeting a project in two different fiscal years, but they hoped to figure it out in the plan for next year. Councilor Tierney indicated that his expectation was that the staff would be more capable of doing that task, as this was the second year in a row that the City has significantly underspent the capital budget. He commented that the Council could have allocated those funds in a different direction, or increased the staff capacity if it had known of the need to do so. He observed that, as a policy making body, the Council voted to approve the dollar amounts requested. He stated his expectation that staff would spend those dollars in that year. He encouraged moving towards better planning so that the Council could be more realistic on where it went. He recalled that the Council approved a PCI consulting company at the highest bid because staff needed the work done in order to have projects in the pipeline. Ms. Rooney confirmed that that tactic worked. She explained that staff had two separate studies done last year to inform the upcoming Council decision on whether to stay with the annual pavement preservation projects on smaller roads or to do some large projects. She indicated that staff would bring the study results to the Council for discussion and direction. Councilor Tierney asked if a capacity issue in City resources led to the gap in the ability to design and plan projects. Ms. Rooney explained that the City has had new staff changes in the last 18 months, but now all the new individuals were up to speed. She mentioned that, while Engineering was now fully staffed, they had only three engineers, who did more projects than CIP projects. She stated that they had more needs than they had staff ability to do. She pointed out that it was a question of how quickly the Council wanted projects done: the City could hire enough people to do 10 years' worth of projects in 10 years or do the projects over 20 years with existing staff. She referenced the Councilor's comment about spending the money elsewhere. She clarified that the City had to spend the money in each of the different utility funds in that utility fund. Councilor Tierney observed that another possibility was not collecting the funds. Ms. Rooney reiterated that they have been discussing the possibility of saving the funds up for larger projects. Councilor Tierney indicated that what he thought was missing was the comprehensive lists. He noted that the Council voted on a specific list of projects. He argued that if the staff did not think that they could do those projects, then they should have told the Council that they needed to allocate x amount of dollars this year for the beginning parts of the projects and then spike the budget in future years. He cited reserving funds for PERS as an example. He mentioned his concern about reserving General Fund capital funds for spending on future capital projects when the City could spend that General Fund revenue on other things in the budget. He commented that he thought they would be disappointing themselves if they did not figure out how to reserve unspent funds and designate them for future capital projects. City Council Regular Meeting Minutes Page 5 of 10 November 2, 2010 Mr. McIntyre pointed out that staff did reserve the funds by default in that they went into the ending fund balance for that particular fund, which became available as a resource for the following year. He commented that what Ms. Rooney was trying to explain was that the City could spend all the money on slurry seals and do those projects forever, or it could start reserving portions of the revenue stream for bigger projects. He indicated that what he heard Councilor Tierney say was that, as a Councilor, he was unaware of what those larger projects might be. He noted that it was staff's obligation to help him better understand those projects. He observed that, over the past two years, staff has become better at developing and managing the City's Capital Improvement Program. He commented that it was not surprising that staff was struggling to get the process perfected, given the new engineering management, finance management, and City management staff that has come on board in the last 18 months. He indicated that he was impressed with Ms. Rooney's ability to talk knowledgably about these projects because she was new on staff a year ago. He recalled that his ongoing commentary for two years respecting the General Fund structuring was that if they reserved funds for larger projects, the monies would be there. He observed that all the other funds had been properly structured. He acknowledged that there was a capacity issue, which would continue to exist on the engineering side and which explained why they used consultants. Councilor Tierney indicated that he supported the fine-tuning of the program. He acknowledged that his comments were critical in nature but he expected staff to close the gap. Councilor Tierney referenced Mr. Cross' comment that the City could take money out of contingency to make up for unanticipated revenue shortfalls. He pointed out that contingency was the City's reserve funds and did not represent current revenues. Spending those meant that the City spent more money in the fiscal year than it generated in that fiscal year. He commented that he was less cavalier about taking the money out of contingency. Mr. Cross mentioned that, in the General Fund, there have been overtime payments in excess of 25% in police and fire trying to cover for shortages. Councilor Tierney commented that he thought it best to keep the LO/Tigard water project fund separate from the Water Fund for the policy level discussions. He pointed out that blending it into the Water Fund skewed the figures so badly that they could not make comparisons. He recalled a Council goal to keep the funds separate for record keeping and presentation to the Council. Councilor Olson indicated that she understood what Mr. McIntyre was saying to Councilor Tierney in terms of staff doing a better job of letting the Council know what the big projects were for which they were saving up money. She argued that Councilor Tierney's point had been that the Council budgeted specific projects in the CIP that were not being done. The question was why those projects were not being done. Mr. McIntyre indicated to Councilor Olson that Ms. Euler would present the five-year financial plan to the Council in two weeks. 4. CONSENT AGENDA Councilor Moncrieff recognized Stephani Wax, Kevin O'Leary, Madeline Brewster, and Kavita Rajani, the Youth Board members present at the meeting. Councilor Tierney recognized Puja Bhutani, the new Planning Commissioner. Councilor Jordan moved the Consent Agenda. Councilor Hennagin seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Hennagin, Olson, Moncrieff, Tierney, Jordan, and Vizzini voting `aye.' [7-0] 4.1 REPORTS 4.1.1 R ignation from th Historic R sourc Advi ory Board Action: Accept resignation of Marylou Colver from the Historic Resources Advisory Board City Council Regular Meeting Minutes Page 6 of 10 November 2, 2010 4.2 RESOLUTIONS 4.2.1 Resolution 10-63, appointing youth memb rs on advisory boards Action: Adopt Resolution 10 - 63, appointing Kevin O'Leary to the Library Advisory Board; Josh Nudelman to the Parks & Recreation Advisory Board; Madeline Brewster to the Historic Resources Advisory Board; Kavita Rajani to the Transportation Advisory Board; and Stephani Wax to the Natural Resources Advisory Board 4.2.2 Resolution 10-64, authorizing the establishment of commercial food waste collection rates for Allied Waste of Lake Oswego Action: Adopt Resolution 10-64 4.2.3 Resolution 10-66, making appointments to the Planning Commission Action: Adopt Resolution 10 - 66, appointing Puja Bhutani to a four - year term ending May 31, 2014; Todd Prager to the remainder of a term ending May 31, 2011; and to designate Ryan Flynn as alternate should there be a vacancy due to attrition through April 30, 2011 4.3 APPROVAL OF MINUTES 4.3.1 March 23, 2010, regular meeting 4.3.2 June 22, 2010, special meeting 4.3.3 June 23, 2010, special meeting 4.3.4 September 28, 2010, special meeting Action: Approve minutes as written END CONSENT AGENDA 5. ITEMS REMOVED FROM THE CONSENT AGENDA 6. CITIZEN COMMENT 7. PUBLIC HEARINGS 7.1 Ordinance 2559, an ordinance annexing to the City of Lake Oswego one parcel comprising approximately 0.65 acres at 4747 Upper Drive; declaring City of Lake Oswego zoning pursuant to LOC 50.05.025; and removing the parcel from certain districts (AN 10-0004) Mr. Powell reviewed the standard land use hearing procedures and testimony time limits. He asked if any Council members had any ex parte contacts, bias, or conflicts of interest to declare. There were none. There were no challenges. STAFF REPORT Mr. Espe reviewed the specifics of this owner -initiated petition to annex a .65 -acre property at 4747 Upper Drive. He said that the low-density residential R-8.5 County zoning would change to low-density residential R-7.5 City zoning upon annexation. He described the available utilities (p.112). He indicated that the annexation met all applicable State and Metro criteria (pp. 115-124). He mentioned the service districts that the property would withdraw from upon annexation (p.112). He said that the property would become part of the Lake Grove Neighborhood Association. He recommended approval of the annexation. City Council Regular Meeting Minutes Page 7 of 10 November 2, 2010 QUESTIONS OF STAFF Mr. Esp indicated to Councilor Moncrieff that all properties outside the city were currently on septic systems. He commented that they usually annexed when a septic system failed. He informed Mayor Hoffman that the applicant indicated to him that the septic system was failing. He explained that the applicant had intended to annex in 2007 as part of putting his estate in order and making it possible to connect to sewer in the future but family and health issues forced him to put his application on hold. Mr. Komarek explained to Mayor Hoffman that the City constructed the 8 -inch sewer as part of the sewer extension program. When a property owner connected to that line, he/she reimbursed the City for the expense of extending the sewer plus escalation over time from the date of the sewer construction. PUBLIC TESTIMONY Mayor Hoffman opened the hearing to public testimony. Hearing none, he closed the hearing. COUNCIL DISCUSSION Councilor Olson moved to enact Ordinance 2559. Councilor Hennagin seconded the motion. A voice vote was taken, and the motionap ssed with Mayor Hoffman, Councilors Hennagin, Olson, Moncrieff, Tierney, Jordan, and Vizzini voting `aye.' [7-0] 8. REPORTS 8.1 Personal Services Contract to Provide Right -of -Way Acquisition Services for the expansion of the City of Lake Oswego's Water Supply System Mr. Prock presented the staff recommendation to award a personal services contract to Universal Field Services to assist the City in right-of-way acquisitions. He reviewed the competitive bid selection process (p.136). He indicated that staff anticipated that $399,844.00 would be sufficient to handle all the right-of-way services expected. He confirmed to Mayor Hoffman that the contract amount did not include the actual payments for right-of-way acquisitions. He confirmed to Councilor Hennagin that Universal would submit monthly statements for the time and effort they expended. At the Councilor's request, he discussed the selection criteria. He explained that staff provided their best estimate of the number and types of acquisitions needed. The bidders used that and other information to determine their fee estimates. He indicated that staff felt that the fees presented fairly represented the level of effort that would be needed, given the skill levels of all four firms. He indicated to Councilor Hennagin that the contractor would handle the onsite contacts and negotiations with the property owners, as well as draft the easements and obtain the signatures. He explained that the subcontractors were typically surveyors, appraisers, and title report researchers. Councilor Hennagin asked how much negotiation went into these transactions. Mayor Hoffman reviewed the typical approach used in determining the fair market value of an easement, which involved an experienced appraiser. Mr. Prock confirmed to Councilor Hennagin that the selection criteria included more than the fee. He mentioned past project work, qualifications of project members, ability to maintain a schedule, ability to work with the City, and skill and ability to work with the public. He noted that the intent of the selection criteria was to make sure that the contractor could do the job correctly and properly without creating difficulties with the citizens for the project team. He indicated to Councilor Hennagin that there was the potential for litigation if they could not negotiate an agreement with a property owner. He mentioned staff's expectation that they would be able to come to terms on all of these right-of-way acquisitions. City Council Regular Meeting Minutes Page 8 of 10 November 2, 2010 He confirmed to Councilor Tierney that the contractor was paid on an hourly basis, not to exceed the contract amount. Councilor Jordan moved to approve award of a personal service contract in the amount not - to - exceed $399,844 to Universal Field Services, Inc., to provide right - of - way acquisition services related to the expansion of the City of Lake Oswego's water supply system. Councilor Tierney seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Hennagin, Olson, Moncrieff, Tierney, Jordan, and Vizzini voting `aye.' [7-0] 8.2 Resolution 10-58, declaring the public necessity to acquire real property for the Lake Oswego -Tigard Water Partnership Project and authorizing related activities Mr. Powell explained that this resolution authorized the City Manager or his designee to enter into negotiations for real property acquisitions or interest in real property for the LO/Tigard water project. He mentioned that it also authorized going on to the property for purposes of conducting investigations and analyses for acquisition purposes. He commented that staff went through a careful process to select Universal as the contractor in order to hire a company with a demonstrated ability to get to 'yes' with the property owners and to achieve a fair price for pipeline easements. Universal became the City Manager's designee authorized by the resolution to conduct these negotiations. He explained that the other reason for this resolution was that the City needed to have in its toolbox the ability to exercise its eminent domain, or condemnation authority, before it became necessary. He said that, under Oregon law, the City must first adopt a resolution of necessity stating that acquiring this property was necessary and in the public interest before it could exercise its eminent domain authority in the event that the City and the property owner could not agree on a fair price. He indicated to Councilor Tierney that State statute allowed cities to exercise eminent domain outside their boundaries for certain types of uses, including water. He indicated to Councilor Olson that the City adopted a similar resolution of necessity for the LOIS project. He acknowledged that the City did so for specific properties needed for the LOIS project, and not in this general fashion. He explained that the LOIS project negotiated its linear-type acquisitions with the Lake Corporation before the project was well underway. He observed that most of the pipeline ran through existing right-of-way or City utility holdings. He pointed out that it has been some time since the City did such a lengthy linear project across multiple jurisdictions. Therefore, staff decided internally, with the advice of outside counsel, that it would be a good idea to get this resolution of necessity out of the way before doing its initial explorations of right-of-way acquisitions. He clarified to Councilor Olson that this resolution did not authorize contractors to go on to people's properties. He said that it authorized the analysis on properties, but it still took property owner permission for the City to come on to the property. He indicated that if a property owner refused access to the property, then the City would have to get an easement through condemnation. Mayor Hoffman explained that a Clackamas County Circuit Court judge would have the role of gatekeeper. Only through permission of the court system (a court order) could governments go on to private property. Mr. Powell concurred, but emphasized that part of the reason for hiring Universal was the hope that the City would not have to do that, and that this resolution would be merely academic. Councilor Jordan asked if the City was looking at any larger property acquisitions outside the swath of the pipe alignment. Mr. Prock indicated that there was a strong likelihood of needing to purchase additional property in the City of Tigard for the new pump station, as the current pump station was shoehorned into an area that did not allow expansion. He confirmed to Councilor City Council Regular Meeting Minutes Page 9 of 10 November 2, 2010 Hennagin that they would acquire the property for the pump station in the name of the joint venture. Mayor Hoffman pointed out that the City might also have to acquire wider easements than the easement it already had for the pipe alignment. Councilor Jordan moved to adopt Resolution 10-58. Councilor Hennagin seconded the motion. A voice vote was taken, and the motion passed with Mayor Hoffman, Councilors Hennagin, Olson, Moncrieff, Tierney, Jordan, and Vizzini voting `aye.' [7-0] 9. INFORMATION FROM THE COUNCIL 9.1 Councilor Information 9.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees 10. REPORTS OF OFFICERS 10.1 City Manager 10.1.1 Review of Council Schedule 10.1.2 Review of Council Digest 10.2 City Attorney 11. ADJOURNMENT Mayor Hoffman adjourned the meeting at 6:59 p.m. Respectfully submitted, Robyn Christie City Recorder APPROVED BY THE CITY COUNCIL: O March 7 2011 Ja. Hoffman, r City Council Regular Meeting Minutes Page 10 of 10 November 2, 2010