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Agenda Item - 2022-12-20 - Number 6.03 - Approval of Meeting Minutes503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Approval of City Council Meeting Minutes Meeting Date: December 20, 2022 Report Date: December 9, 2022 Staff Member: Kari Linder, City Recorder Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☐Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Approve minutes as written. Recommended Language for Motion: Move to approve minutes as written. Project / Issue Relates To: NA Issue before Council (Highlight Policy Question): NA ☐Council Goals/Priorities ☐Adopted Master Plan(s)☐Not Applicable ATTACHMENTS 1.October 4, 2022, Draft Regular Meeting Minutes 6.3 City Council Regular Meeting Minutes Page 1 of 18 October 4, 2022 CITY COUNCIL REGULAR MEETING MINUTES October 4, 2022 1.CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 3:02 p.m. on October 4, 2022. The meeting was held both virtually via video conferencing and in-person in the Council Chamber at City Hall, 380 A Avenue. 2.ROLL CALL Present:Mayor Buck, Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland Staff Present: Martha Bennett, City Manager; Evan Boone, City Attorney Pro Tem; Kari Linder, City Recorder; Stefan Broadus, Assistant City Engineer, Paul Espe, Associate Planner; Ivan Anderholm, Parks and Recreation Director ______________________________________________________________________ 3.PLEDGE OF ALLEGIANCE Mayor Buck led the Council in the Pledge of Allegiance. 4.PROCLAMATION 4.1 Meals on Wheels Month Mayor Buck read the Proclamation declaring October Meals on Wheels month. The Lake Oswego Meals on Wheels program started in 1972 and currently engaged 155 Lake Oswego volunteers in meaningful service to others. More than 18,000 nutritionally balanced meals, made from scratch, were served to senior and disabled Lake Oswego residents each year. Mayor Buck urged the community to celebrate older adults as well as the Lake Oswego Meals on Wheels program that supported healthy aging in the city. The City appreciated the work of all the volunteers in the Meals on Wheels program, as well as the many Lake Oswego businesses and organizations that partnered with Meals on Wheels to raise money for the program throughout the month of October. 5.PUBLIC COMMENT •Roger Martin, 1405 Cherry Crest Avenue, stated he had lived in Lake Oswego for 63 years. He understood from talking with the City Manager that the City would probably go ahead with ATTACHMENT 1 City Council Regular Meeting Minutes Page 2 of 18 October 4, 2022 the Municipal Golf Course and he urged the City to do so. He was disappointed in the way golfers had been treated over the development of the project and was sorry to see a very adequate Par 3, 18-hole golf course go to waste this year when it could have been watered and played on. He asked the City to open the golf course again so golfers could play, though he understood the problem with cost. He noted he had correctly predicted the cost for a 9- hole course would exceed the City’s expectations and asked the Council to proceed with the golf course so golf could return to Lake Oswego. •Randy Zmrhal, Lakewood Neighborhood, expressed concern about the North Shore Bridge. While he had no concerns about the process of stabilizing and constructing the bridge, he was concerned about its final look. The website showed pictures of mechanically stabilized earth, which was basically blocks put together. The North Shore Bridge was an iconic landmark in the area. Many people had wedding photographs taken at the bridge overlooking Lake Wood Bay. A bridge was an opportunity to create something iconic in the community, and the City was missing the boat if it went forward with the current plan. He also had concerns about the aggressive plan to cut down 50 to 80 100-plus-year-old Douglas firs at the Lake Oswego Country Club where he was a member. The process seemed expedited compared to what he went through to protect two Douglas Firs, which he was not allowed to cut down, when remodeling his house. There were 70 to 80 trees at the Country Club marked with yellow ribbons and scheduled for removal. He was not sure if the Council had surveyed members at the Club, but many were not supportive of the tree removal, and it was a controversial topic. No one at the Club seemed to be able to communicate what the permitting process was and what the status was with City Council. He would like to understand the process, and whether it had been expedited, so he could communicate that back to his fellow members before the trees were removed. •Gale Wallmark, Kilkenny Road, was a golfer, a member of the LPGA Amateurs Portland Golf Club, and served on the City Council’s Golf Course Advisory Council. She was speaking in support of the Parks and Recreation Staff recommendation for the Municipal Golf Course. In early 2020, as the decision about where to locate a new pool and recreation center loomed, she was among those who led a brief, but fierce effort to save every inch of the 40-acre property for golf. In the span of just a few weeks, the group secured close to 400 signatures on its petition to ensure public golf remained among the City’s recreational offerings. She liked to think the stirring of the golf community in 2020 played some role in the Parks and Recreation Department’s development of a wonderful new plan, advised with professional expertise from the highly regarded golf course designer, Dan Hixson, for a totally reimagined 9-hole course layout, which was long enough to obtain a USGA rating so golfers could post scores, and included an improved and lengthened driving range. Once integrated into the pool/recreation center discussion, the plan for the new golf course was embraced by golf constituents. In fact, once comprehensive plans for the new center and golf course were approved, many golfers in the community worked to spread the word and build anticipation for the new course, which was squarely on their radar. It had been a year since the older municipal course closed and golfers both in Lake Oswego and the Greater Portland area missed the well-worn but beloved muni, as well as the many new golfers who swarmed to the game during the pandemic. The original timeline for the course to open was summer of 2023, but permitting and other administrative efforts pushed that back to 2024. While disappointed, their anticipation had not waned. They were present to demonstrate strong support for Staff’s recommendation to move forward as quickly as possible with construction of the course and improvements to the driving range. She asked Councilors to approve the recommendation this evening to ensure the promised modern, innovative, Dan Hixson designed course remained in the City’s near future. City Council Regular Meeting Minutes Page 3 of 18 October 4, 2022 The course would continue to be highly anticipated, especially because of Dan Hixson’s involvement. Once the course opened, golfers would again turn out in droves. •Deborah Wilkinson, 17304 Marjorie Avenue, noted each of the Councilors had said they remained committed to golf in Lake Oswego. She was there to reiterate her support and hopefully get the Council’s commitment to golf. •Meg Wilkinson, 17304 Marjorie Avenue, noted the City had gone down a long road with the golf course. Years ago, before the tenure of many of the present Councilors, the City had talked about selling parts of the golf course and other ideas. However, the Council had remained supportive of the idea of a golf course in Lake Oswego. She was very hopeful the Council would support Parks and Recreation’s Option 3, take off the maintenance building and rethink it, and go forward with the golf course. •Harvey Gelfand, Lake Oswego Country Club member, stated he was against cutting any trees down, and most of the members he had spoken with were also against the tree removal. Some of the trees had been around for 100 years and it would be a travesty or tragedy to cut them down. 5.1 PRIOR PUBLIC COMMENT FOLLOW-UP No prior public comment follow-up was provided. 6.PUBLIC HEARINGS 6.1 Resolution 22-33, A Resolution of the City Council of the City of Lake Oswego Acting as the Lake Oswego Public Contracting Review Board Pursuant to ORS 279A.060, Adopting Findings and Approving a CM/GC (Construction Management/General Contractor) Solicitation Procurement for WO 298 Blue Heron 2 Trunk Sanitary Sewer Project. Evan Boone, City Attorney Pro Tem, cited the applicable Oregon Administrative Rules for the public contracting policy decision and reviewed the public hearing process. Stefan Broadus, Assistant City Engineer, presented the Staff report via PowerPoint, reviewing the scope and history of the project and construction challenges, noting the best way for the City to mitigate the construction challenges was through the CM/GC delivery process. This process would enable the City to add the construction perspective during the design phase of the project instead of after design had been finalized. The CM/GC process would also help the City secure scarce resources such as equipment, labor, and materials, in advance of the construction phase. Staff recommended the Council adopt Resolution 22-33 to deliver the project with the CM/GC approach, after which Staff would proceed with the final design of the project and towards a construction start in October of 2023. Mayor Buck asked if the project would be completed in October of 2023. Mr. Broadus clarified the project would start a year from now in October of 2023 in alignment with the next scheduled lake drawdown between October and December and be completed by the time the lake began to fill back up. Mayor Buck noted a year was a lot of preparation time, and asked if the City used the CM/GC method for a similar sewer project in the past. Mr. Broadus replied the City had not used the method in the past few years because the City’s recent sewer projects had not had such City Council Regular Meeting Minutes Page 4 of 18 October 4, 2022 a critical dependency on the construction window. In addition, some recent traditional design/build bids had resulted in only one bid. The City hoped to mitigate those constraints on the back end of the project and move it forward on the schedule. Mayor Buck asked if there was an estimate of what the construction timeline would be. Mr. Broadus said the construction timeline for the canal work would consist of the drawdown window of the lake. As shown in the PowerPoint map, there were some upland components to the project, specifically on Cardinal Drive. The upland work could proceed afterwards and had much less constraint in terms of timeline. Councilor Rapf disclosed his house would be served by the sewer line, but he had no conflict of interest. The City should be aware that the drawdown window became much shorter in years with heavier rainfall and should build that awareness into its contingency plans. What was the risk if the City did not proceed with the project? Mr. Broadus replied the project had been identified in the City’s Master Plan as the existing facility was reaching the end of its useful life. If the City did not proceed with the project, the risk was structural failure of the pipe, which could result in overflows into the canal. He confirmed there was also the risk of major environmental issues. Councilor Rapf noted many of the laterals were already broken. Councilor Manz noted the City had experienced supply chain issues over the past two years and she understood some supply issues may not resolve for the next five years. She asked if staff thought using the CM/GC method would mitigate some of the supply chain issues encountered on other projects. Mr. Broadus replied the project was good for the CM/GC approach because of schedule constraints. If the City was to do a traditional design/bid/build, there may not be enough time to enter into a contract and for the contractor to obtain materials before the drawdown of the lake and canal. With a CM/GC approach, the City was essentially moving materials procurement earlier in the schedule, and one of the biggest objectives of going to the CM/GC delivery method was to build in more available lead time for material purchasing. The method would provide a reduced risk that material procurement would derail the project schedule and force the City to either de-water outside of the routine schedule or wait three more years for the next lake draw down scenario. Councilor Wendland noted the City obviously had to do the project, but there was not a financial segment to the report because of the differing methodology used to do the construction. Mr. Broadus said the City had the funds available. If the request was approved, the City would craft a Request for Proposals (RFP), select the most qualified firm to be the CM/CG, and enter into a relatively small contract that would reimburse the CM/CG for its time during the design phase. When the project had advanced far enough, usually around 90 percent, the contractor could give the City a Guaranteed Maximum Price (GMP). The City could then enter in and modify the relatively minor contract to include the actual construction of the project, which would be a larger amount. The project would come before City Council again to execute the contract. Councilor Nguyen the City Council had spent time over the previous year looking at the City’s procurement process and building in components to make a more conscious effort to create opportunities for local business, women-owned, and minority-owned business. He hoped the City would reach out to those firms to provide at least some part of the services required by the proj ect. Mr. Broadus replied typically 10 percent of the RFP’s scoring component would be the COBID component, which included a range of points determined by whether the firm themselves was co- bid certified, had used co-bid certified subcontractors in the past, and/or planned to use COBID certified subcontractors on the project. In addition, a low-bid RFP was sometimes a barrier for smaller companies. This RFP would be qualifications based, and not include price as a City Council Regular Meeting Minutes Page 5 of 18 October 4, 2022 component when evaluating firms for the most qualified. The City typically held non-mandatory pre-bid conference for firms interested in hearing more about the project. Mayor Buck opened the public hearing, confirmed there was no public testimony, and closed the public hearing. Councilor Mboup moved to adopt Resolution 22-33, adopting findings and approving a CM/GC solicitation procurement for WO 298 Blue Heron 2 Trunk Sanitary Sewer project. Councilor Rapf seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 6.2 Ordinance 2898, An Ordinance Annexing to the City of Lake Oswego two Parcels, Consisting of 5.01 Acres at 13570 and 13580 Goodall Road; Declaring City of Lake Oswego Zoning of R-15, Resource Protection (RP) and Habitat Benefit Area (HBA) Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN22 -0006); and Ordinance 2899, An Ordinance of the City Council of the City of Lake Oswego Amending the Lake Oswego Comprehensive Plan Map and Sensitive Lands Atlas to Designate Approximately 2.9 Acres of Resource Protection Overlay District on Two Parcels (13570 and 13580 Goodall Road); and Adopting Findings (LU 22-0015). Evan Boone, City Attorney Pro Tem, read the parameters of a quasi-judicial annexation with a land-use component, which would similarly apply to Item 6.3 on the Agenda. Paul Espe, Associate Planner, stated five properties were being considered for annexation and provided the following comments on the annexations: •Two of the properties, 4774 Oakridge Road, and 13581 Fielding Road, were being processed as expedited annexations and were expected to be approved through the Consent Agenda. Staff would not discuss those properties unless there were specific questions. •The annexations of 13570 and 13580 Goodall Road were being processed as a public hearing and also included a proposed amendment to the Comprehensive Plan Map and Sensitive Lands Atlas through the quasi-judicial review land use process to designate approximately 2.9 acres of resource protection overlay. Findings for the proposed map amendment had also been prepared and were available for the Council’s signature if approved and there was no additional public testimony on the item. •The annexations of the properties at 6058 Seville Avenue and 16085 Inverurie Road would also be reviewed through the public hearing process. The items would be presented at the same time and the public hearings would be opened separately. •He presented the Staff report via PowerPoint, reviewing the location of each property, Resource Protection Boundaries, Habitat Benefit Area (HBA), and the RP resources delineated through a procedure provided by the Sensitive Lands Code as part of a previous land use application, with additional comments noted as follows: City Council Regular Meeting Minutes Page 6 of 18 October 4, 2022 •When the Sensitive Lands Map was amended in 2015, some of the riparian buffers were expanded from a minimum of 30 or 25 feet for a Class I or Class II stream, to a minimum of 50 feet to offset the removal of the RP districts in the area. •The HBA designations did not limit development and did not necessarily create a conflict because the HBA development restrictions were voluntary. Property owners proposing a land division were not required to apply the HBA development restrictions unless the owner applied for HBA district incentive. •At the hearings on June 13th and June 27th, the Planning Commission considered and recommended approval of the proposed map amendments. The request had been initiated by the City that would designate approximately 2.9 acres of Resource Protection Overlay on the two parcels. •The proposed RC district was Class I wetland. The protected riparian area would be added to either side of the existing RP district. The zoning overlay would be effective upon annexation. •A map was displayed showing the requested sensitive lands amendment in Attachment A of Draft Ordinance 2899. When evidence indicated that a resource that potentially qualified for an RP or RC district designation exists on a property to be annexed by the City, the City may conduct an Economic Social Environmental and Energy (ESEE) Analysis and determine if the overlay should be designated. •In previous land uses cases, the Planning Commission had found that the City could not arbitrarily decide to conduct the ESEE Analysis. The word ‘may’ meant the analysis should be based on sound evidence of the presence of a resource. If there was sound evidence that the resource was present, ‘may’ almost became ‘shall’, but not quite. •The Planning Commission Staff report, supplemental memo and findings provided the information necessary for the approval of the proposed RP Resource Overlay. The draft City Council Findings, Attachment B to Exhibit A 1.1 for the proposed map amendment were also attached. The existing Habitat Benefit Overlay in the Comprehensive Plan and Sensitive Lands Atlas would also be designated on the Zoning Map upon annexation. •The two actions in the Application were to designate the new RP district by adopting Ordinance 2899 and then applying both the zoning and the newly minted RP designations by adopting Ordinance 2898 for the annexation. Mr. Espe continued with the Staff report on the annexation of the two Goodall Road Properties, which were under Clackamas County jurisdiction and zoned Low Density Residential. The properties were designated R-15, Low Density Residential on the City of Lake Oswego’s Comprehensive Plan Map and would be zoned R-15 upon annexation. The RP Overlay would also be designated, as stated previously. The presentation noted the location of sanitary sewer lines, water, and fire hydrants. Mayor Buck asked for confirmation the amended 2.9 acres of the Sensitive Land Atlas was shown on the map in blue and were not the green shaded HBA areas. Mr. Espe replied the HBA area was already designated on the Comprehensive Plan and would be applied to the property upon annexation, similar to the zoning designations that were already pre-ordained. Mayor Buck asked if the development potential referred to in the Staff report was all along the frontage of Goodall Road, given the overlay. Mr. Espe replied the clear areas along the frontage of Goodall Road would be available, and the HBA areas in the rear would be available as well. City Council Regular Meeting Minutes Page 7 of 18 October 4, 2022 Councilor Wendland asked if the blue area could be crossed over to get to the green area. Mr. Espe replied there could be application processes available for the applicant to provide limited access to the rear of the property. The Sensitive Lands Ordinance allowed for crossings of the wetland in the limited areas. Councilor Wendland confirmed a house could be built in the area reached by a driveway with a bridge. Mr. Espe replied the driveway would be a culvert compatible with the existing system. Councilor Mboup asked who made the designation of a Class I and Class II stream. Mr. Espe said the classification was made on previous wetland studies the City had done to establish all of the natural resources and natural resource designations throughout the entire city. Wetland scientists used a variety of criteria to evaluate the areas and assigned a Class I or Class II rating based on those attributes. Councilor Mboup asked what the buffer would be from the riparian zone if they were to build. Mr. Espe replied for that particular designation the buffer would correspond with a 50-foot buffer and the striped area shown on the map displayed. Mr. Boone stated there was no construction setback from the riparian boundary, unlike the stream corridor where there was a construction setback. Mr. Espe clarified there was a 10-foot construction setback for the riparian boundary. Mayor Buck confirmed the setback began at the edge. Councilor Manz asked if someone were to build a bridge and wanted to develop the HBA, would they be able to create two lots or more out of the HBA. Mr. Espe said the last pre-application he looked at had a conceptual plan that provided for eight or nine lots for the entire site, which included lots that could be put on the HBA. Councilor Manz asked how many lots could be put within the HBA. Mr. Espe was not sure exactly how many lots could be within the HBA, but throughout the entire site, but the consultant had calculated 8 to 9 lots. Councilor Manz questioned if the lot off 7-O and 8-O would be considered a flag lot. Mr. Espe agreed it was possible the City may need to rely on flag lot standards to establish some of the parcels in the back which could possibly limit the number of lots. Mayor Buck confirmed Mr. Espe would present the other Staff reports before the hearings. Mr. Espe presented the Staff report on 6058 Seville Avenue and noted the location, current jurisdiction and zoning of each property, along with the zoning designation upon annexation and available water and sewer services. The annexation of 16105 Inverurie Road had received one comment in opposition from David Brown dated October 3, 2022, which was entered into the record as Exhibit F-200. He summarized Mr. Brown’s concerns and provided Staff’s response as follows: •The construction impacts as they relate to traffic and road improvements, access easements to 16105 Inverurie Road, tree removal, and other infrastructure costs would be addressed at the time of the future development review of the property and the construction. Those issues would be looked at during the subdivision analysis and impacts related to the future development of the property were beyond the scope of the annexation application this afternoon. •Regarding annexation policy and sewer costs, the City’s current policy was a friendly annexation policy. Annexation application for individual homeowners were on a voluntary basis and annexations were often required because of the need to switch from a septic tank City Council Regular Meeting Minutes Page 8 of 18 October 4, 2022 to sanitary sewer system. In the case of 16085 Inverurie Road, the owners wished to connect to sewer and develop the property. The property owner would be responsible for all costs incurred for sewer and other infrastructure needed to support future development. •A homeowner would need to connect to the sanitary sewer system if the system was legally and physically available and within 300 feet of the property. Homes could remain on septic systems as long as the septic remained functioning. •Annexation into the city would result in a property tax increase of approximately 10 percent, give or take, depending upon the valuation of that particular property. •The Comprehensive Plan Map’s Residential Land Use designations were based on the Housing Needs Analysis. The designations matched the corresponding Zoning Map designations in the Urban Services Boundary identified in the Comprehensive Plan. The housing densities were set and provide for regional housing needs as outlined in the Findings under Goal 10 in Attachment B. •With regards to the property being contiguous to the city boundary, the section of Inverurie Road along the property frontage was being annexed into the city and would extend to the city boundary at the southern property line of 16034 Inverurie Road, allowing the property to be contiguous by a small cherry stem through Inverurie Road. •The maintenance jurisdiction and permitting authority of that section of roadway would remain with Clackamas County until more of Inverurie Road was annexed, whereupon the City would take over maintenance jurisdiction. •The two additional people added as a result of the annexation would only have a minimal impact on the TriMet mass transit. •The incorrect reference to Seville Avenue on Page 10 of the annexation was a typo and should instead refer to Inverurie Road. •Mr. Brown had noted concern that the easement rights were not protected by the annexation and past and future maintenance and improvement costs he had incurred for the easement were not addressed as part of the analysis. •Staff found that the Applicants and the two abutting properties to the south were conducted as a civil agreement between the parties and were not within the scope of the annexation application. Issues related to the property access and easement should be addressed between the private parties and/or as a part of the future land use or subdivision of the property. Mr. Espe continued the Staff report on 16105 Inverurie Road and noted the location, current jurisdiction and zoning of each property, along with the zoning designation upon annexation and available water and sewer services. Staff found that the properties were within the Urban Services Boundary, and public services could be provided in a timely, orderly, and efficient manner. In addition, Staff found that the proposed annexation and Sensitive Lands Map amendment were timely and recommended approval for all of the proposed actions this afternoon. Mayor Buck confirmed Mr. Brown, the property owner at 16105 Inverurie who sent Exhibit F-200, accessed his residence through a private easement agreement. Mr. Espe replied he had not seen the easement, but the access would have been granted either through a handshake agreement or a recorded easement. Land-locked properties were very uncommon. Mr. Boone noted any annexation would not affect individual property rights. The annexation was a transfer of jurisdiction from the County to the City and did not affect the legal rights of any party. City Council Regular Meeting Minutes Page 9 of 18 October 4, 2022 Mr. Espe noted the City would inherit the issues to deal with during the land use process. Mayor Buck opened the public hearing on Ordinances 2898 and 2899 and confirmed there was no public testimony. Mr. Boone corrected a previous statement he had made to Councilor Mboup. For the RP district there was a construction setback, whether it was a stream corridor or a wetland. The setback was 10 feet for new structures, parking areas, active use recreation facilities, streets and driveways, and 3 feet for accessory structures, decks, and similar outdoor facilities. The setback prevented construction into the resource. Councilor Wendland moved to enact Ordinances 2898 and 2899. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 6.3 Ordinance 2906, An Ordinance Annexing to the City of Lake Oswego one Parcel, Consisting of 0.52 Acres at 6058 Seville Avenue; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN 22-0009). Mayor Buck opened the public hearing on Ordinance 2906. Mr. Boone confirmed all present had heard the previous parameters of the hearing process and that no Councilor had any ex parte contacts, financial conflicts of interest, or bias to declare. Mayor Buck closed the public hearing on Ordinance 2906. Councilor Wendland moved to enact Ordinance 2906. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 6.4 Ordinance 2907, An Ordinance Annexing to the City of Lake Oswego Three Parcels Consisting of 1.30 Acres at 16085 Inverurie Road (21E07CA00700, 21E07CA01000 and 21E07CA01001) and the Public Right-of-Way; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN 22-0010). Mr. Boone confirmed all present had heard the previous parameters of the hearing process and that no Councilor had any ex parte contacts, financial conflicts of interest, or bias to declare. Mayor Buck opened the public hearing on Ordinance 2907, confirmed there was no public testimony, and closed the public hearing. Recognizing someone wanted to comment, he reopened the public hearing for testimony. Haylee Carlston, 16005 Inverurie Road, stated the purpose of annexing the properties was for the road to be part of the City of Lake Oswego and possible future development. Her concern was with the rain runoff. If that road became part of the City, paving it would trigger more than 1,000 City Council Regular Meeting Minutes Page 10 of 18 October 4, 2022 square feet of pavement. The road or cherry stem as Mr. Espe called it, was exactly 20 feet from property line to property line, the width required for emergency vehicles but with no wiggle room. Paving the road would trigger the requirement for runoff infrastructure as no runoff infrastructure was in place currently on Inverurie Road for it to tie into. The closest would be Bonaire Avenue, two streets over. She also noted that not seen in the picture, but just seven parcels away, was designated wetlands, so, it was already in a very special area for runoff. A French drain was already on her entire property, but it still got very boggy. She would like Council to consider the proximity to wetlands and the implications of paving roads and adding urban structures in that area Mayor Buck thanked Ms. Carlston for her testimony and assured her he did not think the road would be paved any time soon. He confirmed there was no further testimony and closed the public hearing. Mr. Boone confirmed there was no request from the public to present additional evidence. Mayor Buck moved to tentatively approve Ordinance 2907 and direct staff to return with a final Ordinance and Findings, Conclusions and Order on October 18, 2022. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 7.CONSENT AGENDA 7.1 Ordinance 2904, An Ordinance Annexing to the City of Lake Oswego one Parcel Consisting of 0.29 acres at 4774 Oakridge Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN 22-0007). 7.2 Ordinance 2905, An Ordinance Annexing to the City of Lake Oswego on Parcel Consisting of 0.41 acres at 13581 Fielding Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a-c; and Removing the Territory from Certain Districts (AN 22-0008). 7.3 Resolution 22-34, A Resolution of the City Council of the City of Lake Oswego Authorizing the City Manager to sign an Intergovernmental Agreement with Clackamas County to Support an Event for Indigenous People’s Day. 7.4 Resolution 22-30, A Resolution of the Lake Oswego City Council Creating an Ad Hoc Housing Production Strategy Task Force, and of the Council Members Approving the Mayor’s Appointments to the Ad Hoc Housing Production Strategy Task Force. END CONSENT AGENDA Councilor Manz moved to adopt the Consent Agenda. Councilor Mboup seconded the motion. City Council Regular Meeting Minutes Page 11 of 18 October 4, 2022 Mr. Boone noted a typographical error in referencing the LOC in Ordinances 2904 and 2905 which he entered into the record as follows “LOC 5010045.5. 50.01004.5 A through C”. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (7-0). 8.ITEMS REMOVED FROM THE CONSENT AGENDA No items were removed from the Consent Agenda. 9.CONSENT AGENDA – Councilors Only 9.1 Resolution 22-35, A Resolution of the City Councilors of the City of Lake Oswego Approving Appointments to the Library Advisory Board. Councilor Mboup moved to adopt the Consent Agenda. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Councilors Nguyen, Verdick, Rapf, Manz, Mboup, and Wendland voting ‘aye’, (6-0). Mayor Buck welcomed the newly appointed Library youth advisors Genevieve Nguyen and Alternate Alison Korkola. Council took a break from 4:06 p.m. to 4:16 p.m. 10.STUDY SESSION 10.1 Municipal Golf Course Update Ivan Anderholm, Parks and Recreation Director, presented an update on the Municipal Golf Course Renovation project via PowerPoint, summarizing the project’s background, key design components, and current status. He noted the City had awarded a design/build contract and moved through Phase 1 of the project, which consisted of design, engineering, and the land use process for all three components of the course. The contract was awarded in 2020 at $3.3 million for all aspects of the project, including the design, engineering, land use and building. However, the new estimate received in April was $6.7 million. After receiving the estimate, the Department worked with the contractor, design team, and internally to determine the reasons for the unexpected cost estimate and after researching other golf courses, Staff believed the new estimate was in line with what the City could expect. Upon investigation, Staff was able to identify alternative delivery methods that would save substantial costs, but they had not been to work with the contractor to pursue those alternatives. •The cost presented to Council this evening represented the price tag for the current contractor to prepare the site for a future maintenance building with grading and utility lines. As development of the golf course moved forward, Staff wanted to look at alternative methods for the maintenance facility and examine the City’s approach to maintenance; for example, the Department was considering using the maintenance office for employees maintaining the golf course. City Council Regular Meeting Minutes Page 12 of 18 October 4, 2022 •Staff proposed returning to Council with an adjustment to the original design/build contract, increasing the design/build contract by $900,000 to complete the golf course, the driving range renovation, and make the maintenance site construction ready. •He was confident Staff could return with something on the construction of the maintenance facility that would be much more affordable than $1.6 million and still be able to maintain the course. •The contractor was concerned about material pricing if the project did not move soon. More importantly, from an operations standpoint, it was important to get the course seeded as soon as possible. If the City could commence construction and seed the course, the golf course and recreation center would have the same opening date; however, if the growing season was missed, the golf course opening would be delayed. The worst thing would be to open the golf course too soon and damage the turf which could result in turf issues for the lifespan of the course. •A breakdown of the costs was included in the Councilor’s packets. Items highlighted in red denoted the value engineering the City was able to negotiate with the tree protection/removal, tree protection fencing, and other items to be completed in-house with the 1.6 full-time employee (FTE) dedicated to the golf course. •He clarified the seeding would begin in the spring of 2023 to get a full season of grow in. The course wouldn’t necessarily open in February 2024 if the conditions were too wet, but the course should have grown in by spring 2024 to allow the course to open, which coincided with the early spring 2024 estimate for completion of the Recreation and Aquatic Center. Mayor Buck acknowledged the estimates were a surprise and thanked the Parks and Recreation Department for its creative work in keeping the project feasible. It was wonderful that the City was able to invest in a municipal golf course when golf seemed to be a decline, but now, people of all ages and backgrounds were getting involved in golf and enjoying the time outside. It would be a wonderful course, and he appreciated the Department thinking outside the box to bring the project within a feasible budget. Councilor Rapf complimented Staff on the amazing job of finding efficiencies in the maintenance and office space; it was smart and thoughtful. If the Department did not have a maintenance space at the golf course, it should ensure it had adequate space to protect tools and machines from the elements and prolong the equipment’s useful life. Even a nearby roof would not cost very much and still keep things dry and protected. Both he and his wife, who was raised in Beaverton, grew up knowing about the “Puny Muni”. The City needed to remember the project was not just for Lake Oswego but was the voice of Lake Oswego into every other neighborhood and community within the Portland metro area. The project needed to be done right because it was the City’s extension into sport, youth, and older communities. Like the skate park, the City needed to offer these resources to be an active community. He fully supported the project and believed it should be done at the highest level the City could afford. In hindsight, the City should not have closed the course as early as it did, but the City just had to move forward. The project was a great opportunity for Lake Oswego and its neighbors. Mr. Anderholm explained the greens would average about 12,000 square feet, which was about as big as the current largest golf green. Designer Dan Hixson did not like multi-level greens but did like undulating greens. The course would not have push-up greens, which were greens built on top of native soil and then pushed out into domes. The holes would undulate with the natural terrain. City Council Regular Meeting Minutes Page 13 of 18 October 4, 2022 Councilor Mboup asked what percentage the costs had increased and whether the increase was due to inflation. Mr. Anderholm confirmed some of the cost increase had to do with inflation. The contract was awarded in December 2020 and there was high volatility into the third or fourth quarter of 2021 in all of the trades though some trades had some stabilization. The price increase had to do with supply chain. There was about a mile of PVC pipe for the irrigation system, as well as about 3,200 sprinkler heads throughout the entire complex and the scale of required materials did encounter supply issues. In addition, the work involved moving large amounts of earth with large machinery and the contractor was being very cognizant of fuel prices. There was also some uncertainty, which was why Staff recommended that the contractor not move forward with the maintenance building. The contractor could not control the cost of the maintenance building since they would be hiring the work out to a subcontractor. There was still some periodic volatility in the building industry market. For those reasons, Staff recommended looking at alternative methods to deliver the maintenance building as well as alternative methods to accomplish maintenance on the facility and utilize the other facility nearby to accommodate the Department’s needs. Councilor Mboup had heard criticism about the size of the proposed design being only 9 instead of 18 holes. Mr. Anderholm replied the City had looked at the relative cost and benefit of the golf course for years. The market for a Par 3, 18-hole course was limited to those learning the game and older players but cost the City more in terms of maintenance given the 18 sets of greens and tee boxes to maintain. Reducing the number of holes, lengthening three holes into Par 4, and modernizing the design of the course would open up the market to more people who lived in Lake Oswego and wanted to play a 9-hole round where they lived. Councilor Mboup confirmed schools could rent the new pool facilities. Mr. Anderholm added the new aquatic center would go from 8 narrow lanes to 15, 25-yard lanes; 12 lanes would be cool water and 3 would be warmer water. The Center would be able to accommodate more swim lessons and groups from within the community. Councilor Manz asked if the golf course could be rented. Mr. An derholm replied the business model would be very similar to what the City had with the 18-hole course so times would be available for corporate retreats and different events. The high school golf teams would also benefit from the new course as the 1,600-yard design and multiple tee box locations would accommodate both JV and varsity matches to be played. Councilor Manz thanked Mr. Anderholm and his team, noting their work bringing the costs into line was extraordinary and their work to utilize the recreation side was creative. She felt comfortable moving the project forward. Councilor Wendland said he was excited about the project, which would be a fabulous facility for Lake Oswego. He was extremely happy about the driving range because it was a revenue generator and would help offset the cost of the golf course. He had confidence the City could run the whole center, including the Lake Oswego Recreation & Aquatic Center (LORAC), very efficiently because the Department had put things together in a very well thought out way. He asked if the driving range would operate year-round with covers and heaters. Mr. Anderholm replied there would be 16 covered and heated hitting bays and three uncovered bays. The setup would be similar to the current driving range with an additional covered bay because the far west end of the range would be reconfigured, and the ball machine would be moved to a more midpoint in the range. Councilor Wendland asked about any potential cost-saving synergies in the initial grading for the LORAC and golf course. Mr. Anderholm replied 10,000 and 12,000 cubic yards of excavated soil from the LORAC would be utilized on the golf course, in particular to level out the driving City Council Regular Meeting Minutes Page 14 of 18 October 4, 2022 range which currently had a hill at about 90 yards. Some of the soil would be used to help build the berm to protect the north end of the driving range from water runoff. Councilor Wendland believed there would be many synergies between the projects and this fabulous corner of Lake Oswego would be well utilized and appreciated by our citizens and outlying communities. The cost increase was still low, and the City was getting a great value. The City should invest what it needed to make the facility revenue friendly; if a bit more was spent in capital, the operating expenses would be less and hopefully reduce or eliminate any subsidy from the City. The City should move forward as soon as it could. Mr. Anderholm replied the anticipated timeline had the aquatic and recreation center and golf course opening early spring of 2024. Councilor Wendland added there would be nice spaces between the club house and aquatics center for different events, including wedding receptions. The project was very well planned out and he appreciated all of Mr. Anderholm’s help as well as the help of the committee working on both projects. Mayor Buck asked if the course had been redesigned to reduce annual maintenance costs and improve the condition of the turf. Mr. Anderholm replied the City was maintaining many of the Douglas fir and native species stands on the course, but many of the trees planted in when the course was developed in 1966-1967 would be removed as they were very narrowly spaced along the fairways because the design standard at the time was to use plantings to achieve safety. Reducing the number of trees was a major component Dan Hixson had brought into the design. The tree canopy had grown over the years and many of the fairways, greens, and tee boxes went from being in the sun to almost completely shaded most of the day making it difficult for the grass to grow. The redesigned course would be more open and easier to maintain. Additionally, the City currently spent $120,000 to $150,000 per year on water for the course. However, the system was installed in the 1960s and irrigation technology had changed a lot, so the City anticipated greater efficiencies with the new system which was designed to put water where it was needed on the fairways, greens, and tee boxes. Mayor Buck noted in addition to removing trees, the City would plant 134 trees. Mr. Anderholm replied some trees would be used at the north end of the course to mitigate residents’ concerns about the placement of the first green and the extension of the driving range. Throughout the course, new pockets of trees would be planted in the right places, not in areas that would shade out the most important parts of the course as the trees matured. Mayor Buck added the school district had its women’s team practice at the “Puny Muni” while the men’s team practiced at the Country Club. When the new course opened, the City should make sure the women’s team was first in line for practice. Mayor Buck confirmed the Council was in agreement to move forward with the proposal. Mr. Anderholm said the project would return before Council on October 18th as an amendment to the original contract. 11.COUNCIL BUSINESS 11.1 Adopting Findings, Conclusions and Order for AP 22-03, Appeal of the DRC’s decision on Type II Tree Removal Permit 499-22-00160-TREE at 529 8th Street. Evan Boone, City Attorney Pro Tem, stated the Council’s public hearing for AP-22-03 at 529 8th Avenue for Tree Permit 160 was held on September 6th and the Council concluded its deliberation on September 20th. The vote was to tentatively approve the tree removal permit with conditions and deny the appeal. Draft findings had been submitted for the Council’s consideration to formally approve the tree permit. At the last meeting, a general declaration of ex-parte City Council Regular Meeting Minutes Page 15 of 18 October 4, 2022 communication was made for three emails. Council Mboup declared a bias and recused himself from participation and no member declared any financial conflict of interest. Mr. Boone confirmed no Councilor wished to declare any additional ex-parte communication, bias, or financial conflict of interest. Mr. Boone stated since Councilor Mboup had declared his bias, he would not be participating in the vote. Councilor Rapf moved to adopt the Findings, Conclusions and Order for AP 22-03. Councilor Wendland seconded the motion. A roll call vote was held, and the motion passed, with Mayor Buck and Councilors Rapf, Manz, and Wendland voting ‘aye’, Councilors Nguyen and Verdick voting ‘no’, and Councilor Mboup abstained (4-2-1). 11.2 Adopting Findings, Conclusions and Order for AP 22-04, Appeal of the DRC’s decision on Type II Tree Removal Permit 499-22-00158-TREE at 541 8th Street. Councilor Rapf moved to adopt the Findings, Conclusions and Order for AP 22-04. Councilor Wendland seconded the motion. Mr. Boone noted the Council held a public hearing, completed its deliberations at the prior meeting on September 6th, and then tentatively directed Staff to prepare written findings to approve the application and deny the appeal with conditions. He confirmed Councilor Wendland, who was not present at the September 6th meeting, had reviewed the written record and the testimony of the Applicant and interested persons by reviewing the video record of the proceedings and the written material and did not need to declare any bias or financial conflict of interest. A general declaration of ex-parte communication was declared on behalf of all the Councilors for the September 9th email from Cynthia Corbett, the September 8th email from Mark and Leah Puhlman, and the September 8th email from Mark Puhlman. Copies of the emails were available at the sign-in desk. Each Councilor affirmed they did not consider any ex-parte communication in their deliberation and no Councilor needed to individually declare any ex-parte communication, bias, or financial conflict of interest. Councilors Verdick and Nguyen had voted to tentatively approve the findings on the application but were opposed in the companion case. Councilor Verdick stated she would change her vote to a ‘no’ because she realized she was basing her decision on the condition of the tree which was not a condition that could be considered. A roll call vote was held, and the motion passed, with Mayor Buck and Councilors Nguyen, Rapf, Manz, and Wendland voting ‘aye’, Councilor Verdick voting ‘no’, and Councilor Mboup abstained (5-1). 12.INFORMATION FROM COUNCIL Mayor Buck noted the City of Lake Oswego was proud to be a sponsor of Indigenous Peoples Day, which was taking place October 9th at Clackamas Community from 11 a.m. to 3 p.m. There was more information on the County’s website. •In response to earlier public testimony questioning the tree removal at Oswego Lake Country Club, he said there was some confusion in the community that the process had been City Council Regular Meeting Minutes Page 16 of 18 October 4, 2022 expedited. The removal had not been before the City Council was informed of the removal by a member of the public. Essentially, the Country Club was using the City’s Forest Management permit to remove trees. That permit did not allow for public comment or mitigation and foreclosed on the City’s ability to inquire about any safety-related issues and other concerns it may have about tree removal at a golf course that may not necessarily apply to a true wooded forest with a much higher canopy density. When the City adopted the Forest Management permit in 2015, it was not contemplating removal of trees on active use areas or removal for development, view enhancement, cleanup or concerns related to economics or related to course enhancement. The City did not necessarily want to deny tree removals and was responsible for management at its own golf course. In the municipal golf course redesign, which was being completed by the same designer doing the Country Club work, the City was removing trees but was also mitigating the tree removal since the City had gone through a regular Type II process. City Manager Bennett added the application was in process and she was reluctant to have Council members speak about the issue because they could be accused of intervening in the permitting process. She had talked about the matter with Staff and the intention of the City’s Code was to help property owners manage forested tracts as forested tracts and not convert forested tracts to other uses. There would be some Staff-level conversations with the Country Club about the policy intentions of the Code. Depending on the outcome of those conversations, Staff would revisit the issue with Council. However, she was anxious about elected officials commenting on whether an in-process application met Code requirements before Staff had done their work with the Applicant to reach a conclusion. She asked for everyone to be patient adding she had taken down the names of those who testified about the tree removal earlier and Staff would follow up with them. No permit had been issued; the matter was only discussed. The City should recognize the Country Club owned 60-plus acres of land, 18 of which were forested, and the City needed to work collaboratively with the Country Club to make sure they managed and maintained their forested lands. She acknowledged the passion surrounding the issue, however the City had to administer the existing Code and not a Code it did not have. She would update Council with the outcome and then there could be a conversation about whether the Code should be changed. Councilor Wendland noted the wonderful presentation on the tree inventory at the last Parks and Recreation meeting and encouraged all Councilors to watch it. Next to Durham, Lake Oswego had the most tree coverage in the Portland metro area. The city had almost 50 percent tree coverage, which reflected the many people involved and trees that had been planted to make the canopy. The City had increased its tree coverage from 2015 and 2019 due to many of the policies. There had been an ice storm and some building development, but the tree canopy had grown. There would eventually be a presentation to City Council about the tree canopy. Councilor Mboup noted if property owners continued to remove trees there would be no more trees. The City should not allow blanket removal of trees and the Tree Code should be revisited. Mayor Buck noted TriMet had announced some system changes. The City Manager and the Mayor had invited TriMet to speak to Council about what the changes meant for Lake Oswego. Two lines would be removed but other lines would be enhanced. LO for Love, in partnership with the AAPI Club at Lake Ridge High School, was putting on a Diwali Celebration on Sunday, October 23rd from 2 p.m. to 5 p.m. Councilor Wendland asked if the City Council could get TriMet to propose a service for Lake Oswego. City Council Regular Meeting Minutes Page 17 of 18 October 4, 2022 Mayor Buck replied that TriMet was doing something through the business recovery centers. Ms. Bennett said there were other communities with circulators. TriMet’s comment period was open in the month of October and Council could make comments. Some folks lost out, like those who rode Bus 36 along South Shore; however, that bus had the lowest ridership in the entire system, so it was understandable why TriMet was stopping that service. Other parts of the community would be big winners, such as the 7-day service on Boone’s Ferry, which the City had never had. The City needed to have a measured reaction to what TriMet proposed. Councilor Wendland said TriMet had to start thinking outside of the box to have a transit system that served a centralized group that did not exist anymore. Ms. Bennett replied TriMet was doing that in other parts of the region so Lake Oswego’s comments to the agency would be consistent with what was being done in Hillsboro and Gresham where there would be more north/south service and trying to connect employment areas as opposed to the present hub and spokes model. 13. REPORTS OF OFFICERS Ms. Bennett noted the library would be closed for an in-service day on October 10th. She acknowledged Charity Taylor who had started at the City as a Kincaid Intern and became a Management Analyst at the conclusion of her internship. One thing Ms. Bennett liked about the organization was the internship opportunity and interns often found places within the organization. Ms. Taylor had been a superstar in that program. Since she had been at the City, she had worked on the Luscher Farm Master Plan, which was a very challenging project with many passionate feelings. She staffed the DEI taskforce in 2020. She also staffed the Community Dialogue on Policing in 2021, following up on the DEI work which she handled with diplomacy, tact, and care. She also staffed the Youth Council, who all loved her. She recently worked on the ARPA Grants. Ms. Bennett thanked Ms. Taylor for all her work and wished her the best of luck at United Way. She had been tasked with some very high-profile projects in her time at the City that made it a better organization. Mayor Buck commented that hundreds of people worked for the City and the Council interacted with only a few. The Council wished it could interact with more since so many were as just as wonderful as Ms. Taylor, whom Council had been fortunate to work closely with over the years. Councilor Mboup thanked Ms. Bennett for recognizing Ms. Taylor and noted only the great people recognize great people. 14. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 5:24 p.m. Respectfully submitted, _____________________________ Kari Linder, City Recorder City Council Regular Meeting Minutes Page 18 of 18 October 4, 2022 Approved by the City Council on ____________________________ Joseph M. Buck, Mayor