HomeMy WebLinkAboutAgenda Item - 2020-01-07 - Number 9.5 - City Council Minutes
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
Subject: Approval of City Council Meeting Minutes
Meeting Date: January 7, 2020 Staff Member: Anne-Marie Simpson, 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:
☐Council Goals/Priorities
☐Adopted Master Plan(s)
☒Not Applicable
ATTACHMENTS
1. November 19, 2019, Draft Regular Meeting Minutes
2. December 5, 2019, Special Meeting Minutes
9.5
City Council Regular Meeting Minutes Page 1 of 7
November 19, 2019
CITY COUNCIL REGULAR MEETING
MINUTES
November 19, 2019
1. CALL TO ORDER
Mayor Studebaker called the regular City Council meeting to order at 3:02 p.m. on
November 19, 2019, in the City Council Chambers, 380 A Avenue.
2. ROLL CALL
Present: Mayor Studebaker and Councilors Manz, O’Neill, LaMotte, Nguyen,
Wendland, and Kohlhoff. Councilor Kohlhoff was present by phone.
Staff Present: Martha Bennett, City Manager; David Powell, City Attorney; Anne-Marie
Simpson, City Recorder; Kari Duncan, Water Treatment Plant Manager;
Erica Rooney, City Engineer; Sonja Johnson, Stormwater Specialist;
Rob Amsberry, Stormwater Group Lead; Melissa Kelly, Library Director;
Shawn Cross, Finance Director; Joel Komarek, Project Director
Others Present: Kathryn Kohl, Clackamas County; Greg Williams, Clackamas County;
Jack Phillips, Frontier Communications; Thaddeus Girard, Metropolitan
Area Communications Commission
______________________________________________________________________
3. PLEDGE OF ALLEGIANCE
Mayor Studebaker led the Council in the Pledge of Allegiance.
4. EXECUTIVE SESSION: Under authority of ORS 192.660 (2)(e) to conduct
deliberations with persons designated to negotiate real property transactions and
(f) consider records that are exempt by law from public inspection.
The City Council met in Executive Session from 3:07 p.m. to 4:21 p.m.
5. CITIZEN COMMENT
• Scott Handley, 18360 Delenka Lane
Mr. Handley stated he was representing the more than 900 residents who signed a petition to
save Cooks Butte from a communications tower. They were disappointed with the City's
exploitation of a provision in the Cooks Butte deed when the land was intended to remain a
nature preserve. He hoped the Council and City officials would recognize and communicate with
the community as an equal partner.
6. STUDY SESSIONS
ATTACHMENT 1
City Council Regular Meeting Minutes Page 2 of 7
November 19, 2019
6.1 Lake Oswego Tigard Water Partnership Asset Repair and Replacement Funding
Ms. Rooney was joined by Ms. Duncan, who presented the Asset Repair and Replacement
Strategy via PowerPoint, noting the information had also been presented to the Lake Oswego
Tigard Water Partnership (LOTWP) Oversight Committee in July. She provided the background
on the water supply partnership, noting the intergovernmental agreement (IGA) required an
asset inventory, which included the current value of assets, the repair and replacement cost,
and a schedule for repair and replacement based on the useful life of each piece of equipment
and facility structure. The IGA also stipulated that each party should budget and pay for the
renewal, repair, and replacement costs proportional to their ownership interest in the supply
facilities. She reviewed the cost comparison, including asset repair and replacement through
2091, noting the estimates were conservative and broke down the cost allocations for both
Tigard and Lake Oswego over a 50-year timeframe. (Slide 6)
She presented the options for creating a repair and replacement fund, noting the proposed
percentages of the total 50-year renewal and replacement value and the correlating amounts
paid by each City. Option 1 would reserve 1% annually, and would have a funding shortfall in
approximately 2030. Option 2 would reserve 1.5% annually with a shortfall in 2045. Option 3
was an Inclining Block Strategy where the reserve percentage would increase in blocks over
time. This strategy would promote intergenerational equity, meaning that as bonds were paid
off, increasing amounts could be saved in reserves. Option 3 was also customizable to fit each
City’s debt schedule and long-term forecasts for equipment replacement. She then detailed the
impacts of Option 3 on each City in light of the City’s debt retirement schedule. She clarified the
1.15% in Option 3 was a percentage of the total 50-year renewal and replacement costs, and
not a rate percentage. (Slide 11) Lake Oswego already held reserves for capital projects, so the
subject 1.15% reserve would not impact rates.
Councilor LaMotte received confirmation that the City was paying the bond and also building
capital reserves to make repairs, so the bond rates and fees would go away when the bond was
paid in 2038. He understood the Option 3 strategy was to repair and replace, so another bond
was not needed because more funds would be available to save for repair and replacement.
Ms. Duncan indicated that incurring future debt for capital projects was an option, but a
proactive approach would be to implement a best-management strategy for the water system.
Councilor Wendland asked how funding had happened in the past. Ms. Duncan replied a
repair and replacement strategy existed prior to the LOTWP that might not have been as robust
as the one proposed now. The City had invested in an expansion, but this repair and
replacement strategy did not anticipate expansion of a future water system either, it simply
considered repair and replacement of the existing equipment and facilities. Regarding Option 3,
staff could track expenditures and anticipate the need to reserve more in the future if additional
funding was needed. (Slide 11) She noted the analysis of timing for repair and replacement was
extremely conservative. Councilor Wendland asked what options were available, such as
increasing the percentage, for averting the red periods in the late 2020s and reach 2038 without
going into debt. He understood rates would decrease significantly in 2038 when the bond was
paid off. Mr. Cross noted the better strategy would be to take the savings once the debt was
paid off to use as a reserve to pay for the next plant or upgrade and avoid having to raise water
rates, if possible. He clarified that approximately one-third to one-half of the City’s operating
budget was related to debt service. By 2036, the City would likely have enough built into the
operating budget to issue a bond to stretch out the $5 million shortfall until the reserves caught
up. The idea was to avoid having same rate payers pay twice, for both the current and any
future plants. (Slide 11)
City Council Regular Meeting Minutes Page 3 of 7
November 19, 2019
Councilor LaMotte asked how much the water rates would go up using the 1.15% option. Mr.
Cross replied current rates would cover about $1 million, which could be reserved to avoid a
rate increase.
Ms. Duncan clarified that staff recommended continuing with Option 3, adding that having a
fund devoted to the LOTWP assets was important. Mr. Cross clarified that another reserve fund
would be established, specifically for the water fund assets, so the money could be tracked
separately from the operating budget.
Councilor Manz indicated she favored considering Option 3 as a way of achieving the
partnership’s goals and having staff return to Council for formal authorization to set up the
reserve fund.
City Council consented to have Staff proceed with Option 3.
6.2 Private Stormwater Facility Inspection Program
Ms. Rooney noted this program had been one of a number of requirements for the Municipal
Separate Storm Sewer System (MS4) permit required by the State to show that stormwater
quality and surface and stormwater runoff was properly maintained and treated.
Ms. Johnson described the regulatory authority related to the MS4 permit, which began with
the state inventory, and included the maintenance and inspection of both public and private
facilities that was incorporated into the Lake Oswego code, as well as the resulting stormwater
manual with requirements regarding facility design and that operations and maintenance
plans/agreements be attached to property deeds. Inspections were necessary because regular
maintenance was required.
The backlog of inspections was the first priority. Inspections had been difficult in the past due to
insufficient staff time and the lack of standard operating procedures, which were now in place.
Prioritization would also help to use staff time more efficiently. Newer facilities would be
inspected first and homeowners and homeowners associations (HOA) would be educated about
the stormwater facilities and how to maintain them to minimize repairs and costs. Land use was
the second prioritization criterion, beginning with commercial facilities, due to the potential of
hazardous materials and the impact traffic had on plant life, and then proceeding to
homeowners association (HOA) facilities, which require less maintenance overall. The f inal
prioritization criterion was based on the amount of impervious area that each facility treated.
Bigger facilities treated larger impervious areas and maintaining them would have a more
positive effect on the water quality in the streams.
After creating the prioritization list, staff would conduct document research and review the site
plan, as-builts, construction related to the facilities, the engineer's stormwater report,
Underground Injection Control (UIC) approval (if needed) from the Department of Environmental
Quality (DEQ), the Operations and Maintenance Plan requirements, and the stormwater
certification from the engineer. The inspection procedure would include a notification letter of the
inspection date 30 days in advance, followed by a facility inspection of the structural integrity,
infiltration capacity, and plant coverage. She displayed photos of facilities whose structural
integrity was compromised. Infiltration capacity would consider compaction, the status of catch
basins, sealed pavers, and the vegetation between pavers. Plant coverage would be assessed
to determine if invasives existed and if an adequate amount of vegetation existed. Following the
City Council Regular Meeting Minutes Page 4 of 7
November 19, 2019
inspection, the private facility owner would receive a report and a proposed, negotiable, follow-
up inspection date. Facilities that passed inspection would be updated in the geographic
information system (GIS) to build the inventory. The goal for the program was primarily
education, permit compliance, and improvement of water quality in the streams.
Councilor Wendland asked about educational materials the City sent with the inspection
notice, adding that he found the presented photos useful and the materials could minimize
anxiety by preparing people for inspections. Ms. Johnson replied that no brochures or
handouts were available by staff, and that education would ideally occur primarily onsite and in
person, though that was not a requirement. Plantings would be discussed, as well as easy ways
to maintain the facilities. The inspection report would include descriptions and photos.
Councilor Wendland recommended making FAQs available for efficiency purposes and to
inform facility owners of what to anticipate regarding the permit. Mr. Amsberry said staff would
provide the original design and planting plans as well as the operation and maintenance plans,
and be available for specific questions. Ms. Johnson added that online resources were widely
available and could be provided to those interested. Ms. Rooney believed landscape
companies would also provide maintenance for some of the water quality facilities.
Councilor LaMotte understood a DEQ permit was not required for residential homeowners.
Ms. Johnson clarified that if a residential small lot had an infiltration trench or drywell, a DEQ
permit was required. Mr. Amsberry clarified that a private engineering certification was required
when a property was developed, which was also when Staff confirmed DEQ approval for the
UICs. It was important that homeowners know about the DEQ requirements regarding
stormwater facilities on their property. Councilor LaMotte received clarification that staff time
per inspection was anticipated to be up to 8 hours for residential and 12 to 16 hours for non-
residential. Knowing how busy engineering staff was, he asked how the hours would be
accommodated. Ms. Rooney expressed concern about how much time could be dedicated, but
an effort had to be made on the annual reports to DEQ. She indicated that it would be a work in
progress, with an assessment in six months to a year to determine how long the inspections
took. Councilor LaMotte suggested recognizing property owners who consistently maintain
their facilities over five years. Ms. Johnson expected overall staff time dedicated to the effort to
decrease over time.
6.3 Clackamas County Library District Task Force
Ms. Kelly introduced Kathryn Kohl and Greg Williams of Clackamas County, who accompanied
her for the presentation. The Clackamas County Board of County Commissioners had approved
the appointment of a Library District Task Force, and she explained the history and genesis of
the decision. She noted the Lake Oswego Library Program was robust, but that smaller districts
struggled some to provide core services needed by their communities.
She went on to describe the scope of work and makeup of the task force. She believed the task
force had the ability to bring significant improvement to the district, though a few challenges
might arise. The current distribution formula was based on two components: City-assessed
value and unincorporated population served. Lake Oswego had the highest assessed value in
the district, but one of the smallest unincorporated populations served. The task force would
examine the equity of the distribution formula and reevaluate the service area boundaries, and
staff was prepared to defend the funding levels. The intergovernmental agreement (IGA)
provisions would offer some protection. Funding and services of the other libraries in the district
would be an issue to consider, and she went on to describe how Lake Oswego would be
impacted. Additional ongoing revenue might be needed in the future to sufficiently operate a
City Council Regular Meeting Minutes Page 5 of 7
November 19, 2019
necessary expanded facility in the city. She believed the Task Force would be a benefit in that
regard and have a positive impact on the city's residents. She named the individuals staff
recommended for appointment to serve on the Task Force and various subcommittees.
Councilor LaMotte asked what Lake Oswego residents were paying versus those in the
unincorporated areas. Mr. Cross confirmed that Lake Oswego residents paid a higher rate than
those from unincorporated areas who also use the services, but he was unsure of the
difference. Councilor LaMotte requested that information be provided in the future to consider
the equity between incorporated and unincorporated residents, so that the data could be used
future requests for annexation were considered.
Councilor Wendland received confirmation that the Task Force would endeavor to raise
revenue countywide for better library services. Ms. Kelly believed that different stakeholders
had different goals for the Task Force, and the outcome was not yet known. Councilor
Wendland understood the IGA could not be changed through the Task Force itself, but rather
through all the impacted City Councils. Mr. Powell explained that approval from the County
Board, acting as the Library District Board, as well as a two-thirds vote of all the cities and other
entities were necessary to change the IGA, other than for the allocation formula of all the
revenue from a particular district going to that district. Mr. Williams noted one goal of the Task
Force was to provide a forum for discussion and to make recommendations as a unified group.
One discussion item was to consider the possibility of increasing the district rate.
Ms. Kelly stated that the Task Force appointments would come to Council at the December 3
meeting.
6.4 2020 Master Fees and Charges Study Session
Mr. Cross presented information on Master Fees and Charges via PowerPoint, noting that the
increases this year would reflex an annual indexing of fees. Regarding utilities, the five-year
forecast for Stormwater showed the fund balance would begin to rise in 2021-2022 and gain $1
million to $1.5 million each year. Regarding the projected negative balance for the Street Fund,
the Meadows project and Lakeview Blvd. projects would each be moved a year out, so the fund
would not in fact dip below $2 million. The Sewer Fund at the end of five years was just above
$10 million, but the future Foothills Interceptor Sewer Project would reduce the fund to a $4
million balance. The Water Fund would decrease in 2023-2024 due to the reservoir
infrastructure repair. Before tiered rates for single-family homes, the annual billed water
consumption dropped in 2011, but had been fairly level since then. Single-family dwellings used
between 75 to 85 percent of all water consumption in the city. Combining all the utilities' cost
increases was $4.68 or 2.9%, and one of the lowest increases ever. He reviewed the estimated
rate increases in July 2021 and July 2022, noting the revenues were tracking as predicted in the
20-year rate models.
Councilor LaMotte asked about the study of the tiered water rates discussed about six months
ago. Ms. Bennett recalled a suggestion to eliminate the consumption-based water rates. She
recommended not going in that direction because lower-income people who use less water
would pay more and people consuming water for irrigation, which was a discretionary use,
would pay less overall. Also, it appeared the overall level of water consumption had leveled off.
The Council took a break between 5:48 p.m. and 5:54 p.m.
City Council Regular Meeting Minutes Page 6 of 7
November 19, 2019
7. COUNCIL BUSINESS
7.1. Resolution 19-57, A Resolution of the City Councilors of the City of Lake Oswego
Consenting to the Transfer of Control of the Franchisee and of the Cable
Franchise Granted to Frontier Communications to Northwest Fiber, LLC, with
Conditions
Mr. Powell described the reason for the requested approval of the transfer of the franchise
agreement. Mr. Girard and Mr. Phillips introduced themselves and were available for
questions. Mr. Phillips stated the Council was being asked to consent to the transfer of
ownership of the cable franchise from Frontier Communications to NW Fiber. He noted the
transaction would transfer operations to a northwest-based company whose leadership had a
good background in building out broadband, cable, and video services. The company was
transferring in its entirety, including employees. One consumer protection would be that Frontier
would initially provide the billing and operations support system up to three years. The transition
would be gradual to minimize the risk of system problems. The transfer would benefit the
community, employees, and customers. All 11 impacted jurisdictions had to vote yes for the
transfer to be finalized.
Councilor Wendland moved to adopt Resolution 19-57. Councilor LaMotte seconded the
motion.
A voice vote was held and the motion passed, with Mayor Studebaker and Councilors
Manz, O’Neill, LaMotte, Nguyen, Wendland, and Kohlhoff voting ‘aye’. (7-0)
7.2 First Amendment of a Personal Services Contract with Murraysmith for the 2018-
2022 Pavement Management Program
This item was removed from the agenda and would return to the City Council in December.
8. CONSENT AGENDA
Motion: Move to adopt the consent agenda.
8.1 Formation of a Sewer Zone of Benefit on SW Reao Court (AP 19-03), Findings,
Conclusions, and Order
Motion: Move to adopt the Findings, Conclusions and Order approving the sanitary
sewer Zone of Benefit for SW Reao Court as proposed in the May 2019 Lake Oswego
Engineering Department Report.
8.2 Ordinance 2829, An Ordinance of the City of Lake Oswego City Council Amending
the Comprehensive Plan Map and Zoning Map from PNA to CR&D and Modifying
the Resource Overlays from RC District to HBA District for 4403 Kruse Way (Tax
Lot 21E08BB04900); Amending the Community Development Code to Add a New
Subsection 50.02.002.2.c.iv; and Adopting Findings (LU 17-0070)
Motion: Move to enact Ordinance 2829.
City Council Regular Meeting Minutes Page 7 of 7
November 19, 2019
8.3 Approval of Meeting Minutes
October 1, 2019 Regular Meeting Minutes
Motion: Move to approve minutes as written.
Councilor Wendland moved to accept the consent agenda. Councilor LaMotte seconded
the motion.
A voice vote was held and the motion passed, with Mayor Studebaker and Councilors
Manz, O’Neill, LaMotte, Nguyen, Wendland, and Kohlhoff voting ‘aye’. (7-0)
9. ITEMS REMOVED FROM THE CONSENT AGENDA
No items were removed.
10. INFORMATION FROM COUNCIL
Councilor Manz lauded the Veteran’s Day event at Foothills Park. In her role as Library
Advisory Board (LAB) liaison, she noted that Macmillan Publishers planned to raise e-book fees,
which would impact library users. The Library elevator would be out of service for six to eight
weeks, though the start date was uncertain. Plans were being made to make sure patrons could
have access to all floors.
11. REPORTS OF OFFICERS
No reports were made.
12. ADJOURNMENT
Mayor Studebaker adjourned the meeting at 6:02 p.m.
Respectfully submitted,
_____________________________
Anne-Marie Simpson, City Recorder
Approved by the City Council on
____________________________
Kent Studebaker, Mayor
City Council Regular Meeting Minutes Page 1 of 3
December 5, 2019
CITY COUNCIL SPECIAL MEETING MINUTES December 5, 2019
Councilor Manz called the special City Council meeting to order at 6:04 p.m. on December
5, 2019, at the Maintenance Center, 17601 Pilkington Road.
Present: Councilors, Manz, LaMotte, and Wendland.
Excused: Mayor Studebaker and Councilors Kohlhoff, O’Neill, and Nguyen
Others Present: Cliff Perigo, Char Green, Rachel Verdick, Janet Shokrian, Rick Nys, Amin
Wahab, Heidi Schrimsher, Doug McKean, Rob Heape, Joel Fischer, Dave Beckett, Christian
Pape, Richard Canaday, Kathleen Wiens, Nicole Nathan, and Jeff Shearer
Staff Present: Martha Bennett, City Manager; Anne-Marie Simpson, City Recorder; Scot
Siegel, Planning and Building Services Director; and Melissa Kelly, Library Director.
______________________________________________________________________
Councilor Manz welcomed the evening’s attendees on behalf of the City Council and thanked
those present for their dedicated service to the City. Meeting attendees introduced themselves.
She provided an overview of the 2019 adopted City Council goals.
Library Advisory Board Chair Cliff Perigo reviewed the board’s 2019 accomplishments and
highlighted the board’s goals of 2019. Areas of emphasis in the coming year will be meeting
current library fiscal and program needs and providing equitable Library service delivery
throughout the City. He detailed a work plan designed to accomplish the goals (Report, page 5)
Historic Resources Advisory Board Chair Char Green detailed the Board’s four completed 2019
projects (Report, page 1). Goals for 2020 include continued work on several code changes to
help homeowners and architects better understand the historic preservation code, a brochure that
will describe the process for exterior alteration with key technical information, and continue public
outreach and participation in grant programs as they relate to the City’s preservation programs.
In response to Councilor Manz’ question regarding whether a house needed to be on the historic
register in order to apply for a grant, Ms. Green confirmed the home would need to be on the local
register.
Ms. Shokrian presented as chair of the 50+ Advisory Board, stating that this past year’s work
focused primarily on the first ever event celebrating seniors. She described the focus of ‘The
Event,’ noting the Board intends to host ‘The Event 2020.’ The initial program led to ongoing
programming providing information and assistance to seniors on a variety of topics, and will likely
lead to regular presentations on the most popular topics in the future.
ATTACHMENT 2
City Council Regular Meeting Minutes Page 2 of 3
December 5, 2019
Describing his Board’s role as advisory to the City Council on issues related to the Transportation
System Plan and the Capital Improvement Plan, Transportation Advisory Board Chair Richard
Nys outlined accomplishments of the past year. The Board assists with prioritization, and
examines ways to break down larger projects into smaller components that can be accomplished
piece by piece. He noted the Board had recently worked to prioritize specific projects as they
relate to the City’s Safe Routes to School efforts. He outlined the remainder of the Board’s 2019
work and highlighted their major 2020 goals (Report, page 2). Questions were raised about
impacts of House Bill 2001 and the increase of delivery vehicles on local transportation systems.
Ms. Schrimsher thanked those present for their support of the Parks Bond that was passed by
voters earlier in the year. As co-chair of the Parks, Recreation and Natural Resources Advisory
Board, she reviewed the group’s 2019 accomplishments and noted that 2020 would include work
associated with projects funded by the bond as well as ongoing Parks-related initiatives. Her
Board expected to work with other City Boards on overlapping issues. In response to a question
about the amount of Metro bond dollars available to the City, Ms. Schrimsher stated the total
would be $2 million.
As co-chair, Mr. Heape offered a description of the Planning Commission’s charge. He detailed
the status of the Commission’s 2019 goals, noting that some of the work was done in conjunction
with the City Council and other City Boards. He described the eleven goals the Commission plans
to address in the coming year (Report, page 3), noting that Planning Department staff capacity to
assist based on development activity in the community will be a factor in achieving the 2020 goals.
Mr. Siegel noted some elements the work plan may span multiple years.
In the absence of Transportation Advisory Committee representation at the meeting, Councilor
LaMotte as Committee liaison presented on their behalf. Councilor LaMotte said the Committee
was in the process of regrouping and become more strategically focused. He described the
Committee’s focus, noting budgetary matters and a possible tourism-focused website were being
explored under the guidance of the City Manager.
Member Richard Canaday presented on behalf of the Sustainability Advisory Board. Mr. Canaday
shared the status of the Sustainability and Climate Action Plan and gave an update on the Board’s
2019 goals. He detailed 2020 Board goals and work plan (Report, page 1), and described the
advisory role and community involvement activities the Board expects to take on in the coming
year. Councilor LaMotte commended the Board in its leadership in the plastic bag ban arena
and encouraging a gas powered lawn equipment discussion.
Ms. Nathan described the responsibilities of the Public Art Committee, noting it was a committee
of the Arts Council appointed to maintain and develop the public art collection. She described the
Committee’s charge and reviewed 2019 accomplishments. The 2020 goals include further
implementation of CollectionSpace, updating Public Art Guidelines, prepare City Hall art for
relocation to a new building, relocating Arts Council offices, continue work on a Gateway
Sculpture project, initiate the 1/5% for art selection process for the new City Hall, an continuing
the Gallery Without Walls program. Councilor Manz asked consideration be given to exploring
whether or not outdoor lighting salvaged from the former Wizer property could be used in the new
City Hall’s plaza.
Councilor LaMotte called attention to the work of the Development Review Commission, whose
work was different than other boards and commissions but important. Additionally, he thanked
City Council Regular Meeting Minutes Page 3 of 3
December 5, 2019
other community partners for their work on behalf of the City. Councilor Wendland noted that
the success of the City depended on the creativity and intellect of its volunteers and leaders in
the room. Ms. Shokrian encouraged all board members to consider working in tandem with others
for support and to achieve common goals.
In closing, Councilor Manz expressed her gratitude to the board and commission members and
commended their passion, which she saw as invaluable to the City Council. She adjourned the
meeting at 7:20 p.m.
Respectfully submitted,
_____________________________
Anne-Marie Simpson, City Recorder
Approved by the City Council on January 7, 2020.
____________________________
Kent Studebaker, Mayor