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Approved Minutes - 2018-10-30 i5:—..* �� CITY COUNCIL SPECIAL MEETING MINUTES V1� 0 October 30, 2018 GREGO� 1. CALL TO ORDER Mayor Studebaker called the special City Council meeting to order at 3:00 p.m. on October 30, 2018, in the City Council Chambers, 380 A Avenue. 2. ROLL CALL Present: Mayor Studebaker and Councilors Buck, Manz, LaMotte, Gudman, Kohlhoff, and O'Neill Staff Present: Scott Lazenby, City Manager; David Powell, City Attorney; Anne-Marie Simpson, City Recorder 3. PLEDGE OF ALLEGIANCE Mayor Studebaker led the Council in the Pledge of Allegiance. 4. COUNCIL BUSINESS 4.1 Council Deliberation and Decision on the Appeal of the Development Review Commission's Decision on a Request for Approval of a 6-lot Subdivision and Modification of a Delineated RP District at 1107 Yates Street (LU 17-0084/AP 18-08). This matter was continued from a public hearing held on October 23, 2018. Mr. Powell announced the continued deliberation on LU 17-0084, a request for approval of a 6- lot subdivision and modification of a delineated RP District. Noting that the Mayor had not been present at the meeting on October 23 where evidence was presented and deliberation had taken place, Mr. Powell asked Mayor Studebaker to make statements regarding his review of the record. Mayor Studebaker announced that he had reviewed the record on the matter and watched the recording of the October 23 meeting. Mayor Studebaker did not make any declarations of ex parte contact, bias, or conflict of interest, noting his contact with appellant Donald Mattersdorff had been in other matters of City business. No one challenged the Mayor's right to hear the application. City Council Special Meeting Minutes Page 1 of 3 October 30, 2018 Mayor Kent Studebaker moved to affirm the DRC's decision and approve LU 17-0084 with a modification requiring the removal of the fence, with no fence in the future, as discussed by Council a week ago. Councilor Jeff Gudman seconded the motion. A roll call vote was held, and the motion passed with Mayor Kent Studebaker, Councilor Joe Buck, Councilor Jeff Gudman, Councilor Skip O'Neill voting 'aye.' Councilor Jackie Manz, Councilor John LaMotte, Councilor Theresa Kohlhoff voted 'no.' (4-3) Mr. Powell announced the decision was tentative, to be made final with the adoption of written Findings and an Order at the City Council meeting on November 6, 2018. In other City business, Councilor Kohlhoff asked for a show of Council in interest exploring the possibility of having pass through monies that would be charged to customers by businesses in event of a City plastic bag ban come to the city as an excise tax. Although this was not an option presented in the initial Council report on the topic, assessing Council interest in this possible strategy before an ordinance was adopted had merit, she posited. Seeking further clarification, Mayor Studebaker asked if her intent was to have the ten cents collected at a grocery store per paper bag required by the consumer be passed along to the City rather than go to the store. Councilor Kohlhoff confirmed that she saw the strategy as one to consider. When asked by Councilor LaMotte whether or not there was precedent for the practice, Mr. Lazenby stated he was not aware of any. The Council agreed to further explanation of the issue. Councilor Gudman announced the Tryon Creek Cove Trail Open House scheduled for 5:30 p.m. in the Council Chamber. He thanked the Lake Oswego Police Department, whose response to a synagogue shooting in Pittsburgh over the weekend was to reach out to our local synagogue in a show of support. Councilor Kohlhoff reported that she and Parks and Recreation Director Ivan Anderholm had been appointed to a Lake Oswego School District task force regarding swimming pool operations and design. Regarding Councilor LaMotte's question about protocols related to evaluating drinking water following water main breaks, Mr. Lazenby indicated he would follow up with information from the Water Treatment Plant manager. Mayor Studebaker noted that the Parks, Recreation and Natural Resources Advisory Board had issued recommendation to make a $1.8 million offer on the Hallinan Woods property. Due to an absence of financing, he recommended not bringing the issue to Council for the time being. Councilor LaMotte recommended this item be considered with other proposed parks purchases and priorities in the upcoming Council discussion on Park Bonds renewal. 5. ADJOURNMENT Mayor Studebaker adjourned the meeting at 3:13 p.m. City Council Special Meeting Minutes Page 2 of 3 October 30, 2018 Respectfully submitted, Anne-Marie Simpson, City Recorder APPROVED BY THE CITY COUNCIL: ON '-Ct,PA-6e- `f , 7i0(g Kent Studebaker, Mayor City Council Special Meeting Minutes Page 3 of 3 October 30, 2018