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Approved Minutes - 2023-01-03 \)L E 0 /)1\ CITY COUNCIL REGULAR MEETING ` MINUTES January 3, 2023 OREGO� 1. OATHS OF OFFICE Judge Shepley conducted the oaths of office and swearing-in ceremony for returning Lake Oswego City Councilor John Wendland and new Lake Oswego City Council members Ali Afghan, and Trudy Corrigan. Councilor Wendland stated it was an honor to be re-elected to the Lake Oswego City Councilor, and an honor to serve with his fellow Councilors. He thanked his friends and family for their support. Councilor Afghan was humbled by the number of votes he received and was ready to work to make a difference. He thanked his family and voters for their support. Councilor Corrigan was grateful for the support of the community and would work hard to warrant to that support. 2. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 5:33 p.m. on January 3, 2023. The meeting was held both virtually via video conferencing and in-person in the Council Chamber at City Hall, 380 A Avenue. 3. ROLL CALL Present: Mayor Buck, Councilors Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan. Staff Present: Martha Bennett, City Manager; Evan Boone, City Attorney Pro Tem; Kari Linder, City Recorder; Madison Thesing, Assistant to the City Manager; Ivan Anderholm, Parks Director; Paul Espe, Associate Planner Others Present: Bruce Shepley, Municipal Judge 4. PLEDGE OF ALLEGIANCE Mayor Buck led the Council in the Pledge of Allegiance. City Council Regular Meeting Minutes Page 1 of 7 January 3, 2023 5. ELECTION OF COUNCIL PRESIDENT Mayor Buck nominated Councilor Verdick for Lake Oswego 2023 City Councilor President, seconded by Councilor Wendland. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting `aye,' (7-0). 6. PROCLAMATION 6.1 Martin Luther King Jr. Day. Mayor Buck declared January 16th, 2023, as Martin Luther King, Jr. Day in the City of Lake Oswego. The full text of the Proclamation was available on the Council's website. Citizens were invited to the MLK Day Celebration at the Lake Oswego High School auditorium on January 15th at 2 p.m. 7. PUBLIC COMMENT • Jan Sturdevant read from written comments, submitted jointly with Karie Richardson, urging the Council to keep the pickleball Courts at George Rogers park open. • Bill Mackenzie stated public records reported 42 homeowners in Lake Oswego had registered with the City as short-term rentals (STRs), however his own research showed 108 STRs were operating in Lake Oswego and advertising on Airbnb or VRBO. The Council should urge the appropriate city officials to enforce regulations regarding STRs to ensure fees were paid and required registration forms were filed appropriately. • Karie Richardson read from written comments, submitted jointly with Jan Sturdevant, urging the Council to keep the pickleball Courts at the George Rogers Park open. • Jason Murray expressed frustration the proposed skate park at Rassekh Park had been put aside because the design firm hired by the City had delivered a project that would cost two to three times more than the allocated budget. He supported the idea of the skate park moving forward under a phased construction approach, as suggested at a December 21st meeting, and noted the local skateboarding community had not had a place to recreate within the city for more than 8 years. 8. CONSENT AGENDA 8.1 Ordinance 2911, An Ordinance Annexing to the City of Lake Oswego One Parcel, Consisting of 0.23 Acres at 5306 Jean Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a - .c; and Removing the Territory from Certain Districts (AN 22-0012). 8.2 Ordinance 2913, An Ordinance Annexing to the City of Lake Oswego One Parcel, Consisting of 0.60 Acres at 13733 Knaus Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a - .c; and Removing the Territory from Certain Districts (AN 22-0014). City Council Regular Meeting Minutes Page 2 of 7 January 3, 2023 8.3 Ordinance 2915, An Ordinance Annexing to the City of Lake Oswego One Parcel, Consisting of 0.23 Acres at 5807 Benfield Court; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a - .c; and Removing the Territory from Certain Districts (AN 22-0016). END CONSENT AGENDA Councilor Rapf moved to adopt the consent agenda. Councilor Mboup seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting `aye', (7-0). 9. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 10. CONSENT AGENDA - Councilors Only 10.1 Resolution 23-01, A Resolution of the City Councilors of the City of Lake Oswego Making Council Liaison and Committee Assignments for 2023. Councilor Mboup moved to adopt the consent agenda. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed, with Councilors Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting `aye,' (6-0). 11. COUNCIL BUSINESS 11.1 2023 Legislative Session Overview Madison Thesing, Assistant to the City Manager provided the Council Report, via PowerPoint, and gave a brief overview of the 2023 Oregon State Legislative Session, the City's approach, including intergovernmental relations and priority areas, the City's 2023 priority areas, and the next steps in the City's 2023 legislative agenda. Councilors would be provided an update on specific bills Staff was tracking in February. 11.2 Work Order 305, Lake Oswego Recreation and Aquatic Center Contract Award. Ivan Anderholm, Director of Parks and Recreation, presented the Council Report and asked the Council for a recommendation to authorize the City manager to sign a contract for the Lake Oswego Aquatics and Recreation Center(LORAC) and Amendment 1, which amended the scope of work to include value engineering savings of $112,000. Staff answered clarifying questions from Councilors about the difference in costs of the deductive alternatives and the contractor's requirements to report on payroll and subcontractors. Councilor Rapf confirmed the contract was for a fixed bid and stated the city should continue to push prices down and let builders and partners know the city would not stand for bids that were above reason. Many people testified before Council that they wanted more amenities without City Council Regular Meeting Minutes Page 3 of 7 January 3, 2023 increased taxes or fees. However, the City was doing the best it could with the resources it had. The Rassekh Park took a hit, but he vowed to ensure the skatepark was built as soon as possible. Councilor Wendland expressed concern about eliminating the ability to separate the event space and wanted to ensure the City was not taking steps to cost cut now which would reduce future revenues. Mr. Anderholm said the event space would have been a fairly simple accordion door. Revenue from the event space would become a question of how the city managed the time more so than the space configuration. He explained that Staff had worked with Ken Ballard on the operational assessment, which took into account a variety of uses in the space, a variety of room configurations, occupancy levels, scheduling room reservations, and the impact of all of those on costs and revenues. Staff anticipated that groups would be larger than the assessment suggested. Councilor Wendland stated he wanted the city to be cautious about making changes to save $31,000 on a $46 million project because he'd like the LORAC to be revenue positive. Councilor Wendland suggested looking into the radiant heat option because radiant heat was a much more efficient way to heat space and keep patrons comfortable during Oregon's cold weather. He was supportive of all the value engineering options. He agreed with Councilor Rapf that there was a bump in prices and the City needed to be vigilant. The Department should not hesitate to call in additional expert help if it felt it needed support in overseeing the project. Councilor Afghan noted the fixed bid contract meant the City could not expect to see any reduction in the final price even if some items came in under the estimate. He confirmed with Mr. Anderholm that the floor finish in the locker rooms was a polished concrete produce and said it would make a difference to have a floor heating system. Mr. Anderholm clarified that the radiant heat had not been designed as a stand-alone system, so the air temperature in environment would still be reliant on a traditional HVAC system, which was why the radiant floor became attractive as a value engineering. In addition, the radiant heat would only have been in the locker room, which would have provided an inconsistent feeling throughout the facility. The concrete floor would now be consistent from throughout the facility. Councilor Afghan confirmed the total cost of the project was $46 million and the total bond was about$31.2 with premium. Mr. Boone noted the funding was detailed in the December 20th, 2022, Staff report on page 13 of 85, Attachment 4. Mr. Anderholm stated the School District was giving $15 million towards the overall cost. City Manager Martha Bennett added that the City had requested the School District increase its contribution, which the district was still considering. The City expected the District would contribute additional funds after closing out its 2017 bond and determining the amount it could contribute above the $15 million. Councilor Afghan noted the budget included a 10 percent contingency and asked if additional funding was available if the City ran into additional costs. Ms. Bennett said the matter had been discussed at the last meeting. She felt confident the Council could proceed with the current amount of funding because there would not be a cash flow problem. The Council had funding available in the form of the discretionary General Fund transfer to the Street Fund. Additionally, the Council could have a discussion about how delaying the transfer to the Street Fund could impact street capital projects. Ms. Bennett further clarified that at its previous meeting, the Council had directed staff to request additional School District contributions and then identify other funds the City expected to generate in the upcoming biennium that could go to street capital. There were tens of millions of unfunded street projects however, the City could probably postpone those street projects for up to two years. City Council Regular Meeting Minutes Page 4 of 7 January 3, 2023 It was not a good long-term strategy because postponing a street project could ending up costing more money. Staff would bring Council different scenarios as part of the budget process. The General Fund transfer to the Street Fund was the only source of General Fund money currently spent on capital. The other option was to cut operating costs, which Council had not directed staff to do. Councilor Wendland stated one of the reasons the City was in a deficit on the paving index was because previous City Councils had appetites for other projects and it was easy to remove the funds from paving. However, that required the City to float a bond and pay with tax revenue that the City could have been spending on other projects. He questioned whether the Council would want to or have to delay further transfers to the paving fund. He was confident the School District would come up with additional funds to help offset the gap. Mayor Buck commented the City had engaged with the community on the facility's sustainability and resiliency features and inquired as to why the photovoltaic (PV) array was in one of the alternate add columns. Mr. Anderholm replied the cost indicated the price to build out the PV array to the maximum capacity and confirmed the City was honoring its commitments to the public. While the array was not being built out to its maximum capacity, a PV array was being built and a conduit would be added so the array could be maximized in the future. He also answered clarifying questions from Mayor Buck about the resiliency features of the facility and the backup power system. Councilor Wendland confirmed if the final price of the project would be reduced if further savings were identified even after the Council approved the contract Mr. Anderholm stated there were deductive alternatives in a building process for large projects and going forward, staff would come across deductive items or net zero, cost wise, alternatives. Staff was working diligently to identify cost savings and ensure changes did not affect the public's experience at the facility or the City's bottom line in operating the facility. Councilor Wendland stated the City wanted to prevent change orders, which would increase costs. The City should make sure it had more reductions than additions. Evan Boone, City Attorney Pro Tern, stated an additional $70,000 should be reduced from the contract price relative to the builder's risk insurance. The total contract amount should be $36,445,587. Councilor Wendland moved to authorize the City Manager to sign a contract and Amendment#1 with Triplett Wellman Contractors in a Contract Amount of$36,445,587 for construction of Work Order 305 Lake Oswego Recreation and Aquatic Center. Councilor Afghan seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting `aye', (7-0). 12. PUBLIC HEARINGS 12.1 Ordinance 2912, An Ordinance Annexing to the City of Lake Oswego One Parcel, Consisting of 0.45 Acres of 16193 Inverurie Road 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 22-0013). City Council Regular Meeting Minutes Page 5 of 7 January 3, 2023 Evan Boone, City Attorney Pro Tern, confirmed Councilors had no financial conflicts of interest, ex-parte contacts, or bias on the application. Paul Espe, Associate Planner, presented the Council report on 16193 Inverurie Road and detailed the property's location, jurisdiction, zoning, and public utility hookups. The sewer and water service and sanitary sewer service could be made available from an existing 8-inch public sanitary line that currently terminated with a clean out approximately 275 feet from the property. 12.2 Ordinance 2914, An Ordinance Annexing to the City of Lake Oswego Two Parcels, Consisting of 0.54 acres at 16607 and 16667 Boones Ferry Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5.a -.c; and Removing the Territory from Certain Districts (AN 22-0015). Mr. Espe provided the Council report on Ordinance 2914, detailing the properties' location, jurisdiction, and public utility hookups. The properties were within the Urban Services Boundary and public services could be provided in a timely, orderly, and efficient manner. Staff recommended approval of the request. Mayor Buck asked for clarification for the two lots on Boones Ferry and asked if each lot had two different zones attached. Mr. Espe replied the lots were split, which was not usual. The West Lake Grove Design District Overlay was a unique overlay and the City had worked to consolidate some of the zoning and Comprehensive Plan designations so that the properties would be more developable in the future. Mr. Boone stated the map shown in the Council report indicated 5115 West Sunset was also split between two zones. Mr. Espe explained the concept was to allow for mixed used residential and office and commercial in the area. Mayor Buck said the lots abut Boone's Ferry so would already allow mixed use. Mr. Espe clarified the lots would allow uses in the commercial zone, but not necessarily townhome development; the R-2.5 would allow single lot townhome development. Mayor Buck opened the public hearing on Ordinance 2912, confirmed there was no public testimony, and closed the public hearing. Councilor Rapt moved to enact Ordinance 2912. Councilor Mboup seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting `aye', (7-0). Mayor Buck opened the public hearing on Ordinance 2914, confirmed there was no public testimony, and closed the public hearing. Evan Boone, City Attorney Pro Tern, confirmed Councilors had no financial conflicts of interest, ex-parte contacts, or bias on the application. Councilor Mboup moved to enact Ordinance 2914. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting `aye,' (7-0). 13. INFORMATION FROM COUNCIL City Council Regular Meeting Minutes Page 6 of 7 January 3, 2023 Mayor Buck thanked City Manager Bennett and the Public Works team for their work during the recent storm. He reported the Clackamas County Coordinating Committee (C4) had discussed the Regional Mobility Pricing Project (RMPP) at their last meeting. The RMPP was a complicated project and the City's staff was working diligently to detail the mitigations needed, the impact on the local roadways and provide information to ODOT on the Lake Oswego roads most impacted by tolling plans. The City was working to get a commitment from ODOT that needed safety improvements in Lake Oswego would happen. The RMPP was raising many of the same issues the initial tolling project did but now communities all along the Interstate were having the same conversations Clackamas County had been having for the past two years. He also reported that Council members had their committee assignments and noted that the city calendar provided dates of the upcoming meetings. If Councilors were unable to attend a meeting, they should notify the committee chair and the staff liaison. 14. REPORTS OF OFFICERS City Manager Bennett reported that following their appearance before the Council, Lake Bay Court homeowners had been contacted by the Lake Oswego Review for a story. She had informed the Council via email about steps the City had taken to make the situation better this winter. The steps would not be the ultimate solution, but the homeowners were pleased the City was trying. She also reported that the Council's Goal Setting meeting was scheduled for Saturday, January 21st, 2023 in City Hall. Councilors would receive their goal-setting packet via email on Friday, January 6t". She reminded Councilors the City had started an enormous body of work over the past 18 months, some of which was not yet complete. To leave room to complete the work already underway, Councilors would likely be adopting four to five new goals for 2023. Councilor Mboup wished a Happy New Year to all the City's staff and said he was sorry to miss the City's annual department parties in December. Ms. Bennett replied she would pass on Councilor Mboup's greeting and said the Parks and Public Safety Departments had spent a lot of their holidays making the community safe for everyone. She was grateful Councilor Mboup recognized the work staff had done during the storm. 15. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 7:09 p.m. Respectfully submitted, Kari Linder, City Recorder Approved by the City Council on March 21, 2023 Joseph M. Buck, Mayor City Council Regular Meeting Minutes Page 7 of 7 January 3, 2023 Mayor Buck thanked City Manager Bennett and the Public Works team for their work during the recent storm. He reported the Clackamas County Coordinating Committee (C4) had discussed the Regional Mobility Pricing Project (RMPP) at their last meeting. The RMPP was a complicated project and the City's staff was working diligently to detail the mitigations needed, the impact on the local roadways and provide information to ODOT on the Lake Oswego roads most impacted by tolling plans. The City was working to get a commitment from ODOT that needed safety improvements in Lake Oswego would happen. The RMPP was raising many of the same issues the initial tolling project did but now communities all along the Interstate were having the same conversations Clackamas County had been having for the past two years. He also reported that Council members had their committee assignments and noted that the city calendar provided dates of the upcoming meetings. If Councilors were unable to attend a meeting, they should notify the committee chair and the staff liaison. 14. REPORTS OF OFFICERS City Manager Bennett reported that following their appearance before the Council, Lake Bay Court homeowners had been contacted by the Lake Oswego Review for a story. She had informed the Council via email about steps the City had taken to make the situation better this winter. The steps would not be the ultimate solution, but the homeowners were pleased the City was trying. She also reported that the Council's Goal Setting meeting was scheduled for Saturday, January 21St, 2023 in City Hall. Councilors would receive their goal-setting packet via email on Friday, January 6th. She reminded Councilors the City had started an enormous body of work over the past 18 months, some of which was not yet complete. To leave room to complete the work already underway, Councilors would likely be adopting four to five new goals for 2023. Councilor Mboup wished a Happy New Year to all the City's staff and said he was sorry to miss the City's annual department parties in December. Ms. Bennett replied she would pass on Councilor Mboup's greeting and said the Parks and Public Safety Departments had spent a lot of their holidays making the community safe for everyone. She was grateful Councilor Mboup recognized the work staff had done during the storm. 15. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 7:09 p.m. Respectfully submitted, 1-41ALI k 0 Kari Linder, City Recorder Approved by the City Council on March 21, 2023 Joseph . Buck, Mayor City Council Regular Meeting Minutes Page 7 of 7 January 3, 2023