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HomeMy WebLinkAboutAgenda Item - 2023-04-18 - Number 6.1 - Approval of Meeting Minutes 6.1 D�t'p` E � COUNCIL REPORT r Alig o OREGO� Subject: Approval of City Council Meeting Minutes Meeting Date: April 18, 2023 Staff Member: Kari Linder, City Recorder Report Date: April 10, 2023 Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X 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): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ATTACHMENTS 1. January 21, 2023, Draft Special Meeting Minutes 2. February 7, 2023, Draft Regular Meeting Minutes Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 CITY COUNCIL SPECIAL MEETING rrA Ifir MINUTES V ! January 21, 2023 aREGO� 1. CALL TO ORDER Mayor Buck called to order the special meeting of the City Council for a goal setting retreat at 8:37 a.m. on Saturday, January 21, 2023. 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 Wendland, Mboup, Verdick, Rapf, and Corrigan. Councilor Afghan was excused. Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder, City Recorder; Madison Thesing, Assistant to the City Manager; George Burke, Police Chief; Don Johnson, Fire Chief; Ivan Anderholm, Parks, and Recreation Director; Melissa Kelly, Library Director; Megan Phelan, Assistant City Manager; Weston Pay, IT Director, Erica Rooney, City Engineer I Public Works Director; Anthony Hooper, Deputy City Manager; Shawn Cross, Finance Director; Scot Siegel, Community Development Director 3. REVIEW MISSION AND VALUES STATEMENT City Manager Bennett welcomed Council and the community members watching via video conferencing and those in attendance in person at City Hall. This was the only time of the year the City Council had the opportunity to talk about the comprehensive agenda it planned to tackle in 2023 and Council time was limited. The better job the Staff and Council did today in making sure it set realistic priorities, the better the execution. City Manager Bennett led a reflection on what had been accomplished by the Council, Staff, and community in 2023. Councilors listed the 2022 accomplishments they were most proud of as follows: • Mayor Buck: Collaboration with Metro on Boone's Ferry housing. • Councilor Wendland: The most successful Fourth of July Parade the City had ever held. • Councilor Verdick: Collaboration with the neighborhood regarding Rassekh Park wants, needs, and design. • Councilor Rapf stated he was not in a place where he felt anything significant was accomplished in 2022. City Council Special Meeting Minutes Page 1 of 9 January 21, 2023 • Councilor Mboup: Collaboration with police and the community. • Councilor Corrigan: The grand opening of the Boone's Ferry Road project. City Manager Bennett observed the diversity of accomplishments mentioned by Councilors and stated that diversity reflected how the Councilors saw the retreat agenda and highlighted all the places where the City touched the lives of people in the community. 4. DISCUSSION OF COUNCIL POLICIES AND AGREEMENTS City Manager Bennett began her presentation, via PowerPoint, and outlined the City's mission and values, goals and initiatives, and the Council and Staff's separate roles in carrying out the City's purpose and vision, strategic goals, priority action items, planning and oversight, and projects. She presented a revised and updated version of the City's Draft Preferred Future for Council reflection and discussion. • Councilors agreed the Draft Preferred Future was a realistic document and the City had already achieved some of what was outlined. 5. DISCUSSION OF STRATEGIC GOALS AND INITIATIVES City Manager Bennett led the Council through discussion of eight strategic goal areas and proposed initiatives for each area, noting the proposals reflected input from Councilors, Executive Staff, and the community. Goals and initiatives were reviewed one by one and then ranked by Councilors. Councilor comments and clarifying responses from Staff were noted on the following initiatives as noted: Public Safety • Public Safety/Initiative 3: Creating a process for external community groups to collaborate and communicate with each other about emergency management in neighborhoods and with volunteer networks could go a long way in helping neighbors during a large disaster as the City would be focused on clearing rights of way. Economic Development • Economic Development/Initiative 2: Reviewing the Status of the City's Urban Renewal Areas would allow the Council to discuss its philosophy around Urban Renewal which the Staff could then use to guide decisions and recommendations. The policy had not been discussed since 2013 and would require engagement from the School District and the County. • Economic Development/Initiative 3: Purchasing property for Lake Grove Urban Renewal Parking was phase 2 of the Lake Grove Urban Renewal Plan. Councilor Corrigan provided a brief history of the area and stated that while no property was currently available, the City's Redevelopment Manager had confirmed there was $2 million to $3 million available to purchase a property. • The City could still choose to purchase a property when the opportunity arose even if the Council chose not to prioritize phase 3. • The money set aside for the Urban Renewal District had to be used in the District for a project already identified in the plan unless the plan was amended. • Economic Development/Initiative 4: Ensure the Council was implementing the Economic Development Strategy adopted in 2022 would follow through with implanting the plan and review items with temporary funding and others that needed more permanent funding. City Council Special Meeting Minutes Page 2 of 9 January 21, 2023 Diversity, Equity, and Inclusion • The goal had been rewritten to incorporate the wording suggested by one of the Councilors to become more of an outcome statement that read, "Foster a welcoming and inclusive community where all people have the opportunity to thrive and have equitable access to City services." • DEI/Initiative 1: Guiding the highest priority recommendations of the DEI Advisory board needed Council time around developing relationships with culturally specific community- based organizations. In addition, while the City had previously revised its purchase code to ensure it prioritized women, minority-owned, and emerging businesses in its purchasing processes, a method to track this was necessary. Council time on expectations would be worthwhile. • The DEI board needed the Council to provide feedback and be a sounding board and resource and help integrate its work into the rest of the City's organization. Integration was an aspiration of the City's DEI work. • The City had some success in 2022 with integration among Boards and Commissions and the Staff was trying to figure out how to better structure internal conversations to support Boards and Commissions. With the DEI specifically, that meant figuring out how to use their expertise as a resource for other Boards and Commissions. • DEI/Initiative 2: Erica Rooney, City Engineer I Public Works Director, clarified the ADA Transition Plan had identified more than $200 million in needs for ADA and that the City needed to figure out where that money would come from and how to best spend its limited resources. • City Manager Bennett added the City would undertake the work; the initiative asked to what extent the work would become a priority. The City was required to make reasonable progress on the ADA Transition Plan and every new project the City built would be ADA compliant. The question was whether the City would accelerate projects already in the City's plan and elevate the ADA needs over other capital desires. Council took a break from 10:02 a.m. to 10:14 a.m. Climate Action • The goal had been revised to read, "Combat climate change and strengthen the community's resilience to climate impact," and details had been moved to the initiative. • Climate Action/Initiative 1: This Initiative is closely related to Climate Action/Initiative 6. It's focus was on the City's Operations within Climate Actions versus a policy • Climate Action/Initiative 2: Solar energy options were previously identified as huge opportunities to increase renewable energy in Lake Oswego. However extensive public outreach was needed, and the Urban Canopy was the largest constraint to effective use. This creates a "right versus right" situation: solar versus trees. • Climate Action/Initiative 3 would update the Urban and Community Forest Plan, which was 16 years old, with findings from the 2020 State of the Urban Forest Report. The City knew more about how the climate would change in Lake Oswego than it did in 2007. • Climate Action/Initiative 4: Scot Siegel, Community Development Director clarified there were some procedural issues and legal requirements involved with incorporating the Tree Code into the Community Development Code in addition to the substantive side of what would change about the Tree Code. • If the Code was prescriptive and could be applied ministerially, over the counter, appeals would not go to LUBA. The permit decisions would be like building permits and not City Council Special Meeting Minutes Page 3 of 9 January 21, 2023 appealable. If the City maintained a second track and someone proposed more than what was allowed in the prescriptive code, that would be a potentially discretionary decision that could be appealed to LUBA. Today, those decisions could not go to LUBA because the Tree Code was not a land use code. • The more substantive policy question was what the City would be trying to accomplish by incorporating the Tree Code into the CDC. If the idea was to protect and preserve trees, then what was now a tree removal code, superseded by development regulations and Development Code, would make the Development Code subordinate to the policy direction of the Tree Code. The Sensitive Lands use regulations worked similarly. Making the Tree Code a land use regulation had an impact on property and all that went along with what happened when the City limited the use of property. • City Manager Bennett suggested the changes could result in two sets of Tree Code: one for tree removals tied to development and one for those not tied to development. • Climate Action/Initiative 4: Director Siegel stated the City would need to explore what the ramifications of incorporating the Tree Code into the Community Development Code would be for the Comprehensive Plan and the City's compliance with statewide housing goals and administrative rules. If the City's tree regulations became land use code that limited development in some way, it would then need to recalibrate its housing needs and Staff was currently updating its housing needs analysis. The City would then need to demonstrate to the state it had maintained adequate capacity and capability of delivering housing using a clear and objective process. Changes to the Tree Code would have to be coordinated regionally. • Councilors discussed their opinions on tree removal, tree code suggestions, the differences between Initiatives 3 and 4, and the need to update the Urban and Community Forest Plan at length for the Council to vote. They agreed to update the Urban and Community Forest Plan as a first step. • Climate Action/Initiative 5: Director Siegel stated the health of heritage trees was an element of the Urban Forestry Plan and those trees would be reviewed as part of Initiative 3. • Climate Action/Initiative 6: Accelerating implementation and update of the Climate Action Plan. Mayor Buck clarified this initiative was based on feedback from the community survey which indicated the community wanted to focus on items related to climate. The City and community needed more frequent updates status on initiatives in the plan. • Climate Action/Initiative 7: Councilor Verdick expanded on initiative seven which would seek to preserve existing buildings by requesting an increase in funding to the Historical Resource Advisory Board and grants to non-profits as well as work with existing buildings to make them more energy efficient by educating the community on existing programs, such as Eco Home. Making existing buildings more energy efficient had a huge impact on the environment. • There were qualifications for the HRAB grant program, and while it was small, it served nonprofits and homeowners. The grant program helped to offset costs associated with the expensive materials necessary to maintain historical integrity. • City Manager Bennett added there were state and utility-run programs for energy efficiency so the initiative could help the City promote other programs not necessarily using City funds. • City Manager Bennett clarified there were not any state mandates on the climate outside of the Climate Friendly and Equitable Community Act but that was mostly related to transportation and parking. • Director Siegel suggested Climate Action/Initiative 3 be updated to include housing along with the other factors of equitable outcomes, tree species, and climate change. City Council Special Meeting Minutes Page 4 of 9 January 21, 2023 City Operations City Manager Bennett stated the goal was a catch-all goal around City Operations and public trust and she listed the ten initiatives. Councilor Rapf stated he believed that over the past six to eight months, there had been growing distrust in the City's governing body because projects like the wastewater treatment plant and parks plans had not gone as smoothly as they could have. The good the Council did for residents did not matter if the people who elected them did not trust them. Lake Oswego was a very engaged community, but the engagement was overwhelmingly negative and not healthy. The City Operations Goal was number one in establishing the community trust with the City and community members. Councilor Mboup replied Lake Oswego was a democracy and neighbors coming to the City Council to have their voice heard was healthy. The fact that parks projects had not gone smoothly was not due to slack on the Council's part but to the environment and economy. As representatives, Councilors should tell residents the City had a competent staff who worked hard on the residents' behalf. Councilor Rapf agreed and added the problem he described was with communication. Many people in Lake Oswego did not understand the work that went on internally or the nuances of the Council's decisions, which was unfortunate. The Council needed to do a better job of communicating externally what it was doing and why. Councilor Corrigan noted self-awareness and reflection were valuable. The Council wanted the public's trust and gaining that trust was based on the four elements of communication, accountability, openness, and transparency. The Council could evaluate itself on those elements and if those things were kept in mind, trust would be less of a concern in future years. • City Operations/Initiative 5: City Manager Bennett stated conducting a long-term strategic review of the City's finances, including revenues, expenditures, and capital funding would necessitate Council time and involved a deeper review than what was normally done during the budget process. She suggested Initiative 6 regarding public education on capital needs and available funding could be included under Initiative 5. • City Operations/Initiative 4 would work to advance the City's agenda at regional and statewide tables beyond its current efforts. • Mayor Buck noted the level of regional engagement was very high currently with tolling, supportive housing services, and generally regional housing goals. The volume of information was difficult to keep up with and if the Council wanted to be relevant and have the City perspective heard on broader topics, he needed support. • City Operations/Initiative 8 would help the city's neighborhood associations stay relevant and engaged. The system was created before social media and fed into City processes in specific places. The neighborhood associations want to be relevant and contribute to the community and they were not sure the current way the City engaged with them was working for their neighborhoods or the City. If the Council took up initiative 8, Director Siegel and his team would explore the neighborhoods and examine how to engage with them and where they fed into city projects. Parks and Recreation Director Anderholm could engage with associations around community parks where some dissatisfaction had been reported. • One of the possible contributions of the neighborhood association was truly knowing their neighborhood so that in the event of emergencies, the neighbors were checking up on neighbors as opposed to calling 911 and asking the City to come. City Council Special Meeting Minutes Page 5 of 9 January 21, 2023 • City Operations/Initiative 7: City Manager Bennett stating a hearings officer for tree appeals would free Council from arbitrating a conflict where the Code dictated what the Council had to do. The difficulty was people liked the ability to appeal to their elected officials. Councilor Wendland said he suggested the initiative because while he respected the right to appeal, a hearings officer in the quasi-judicial situation of a tree appeal had the same ability to make a decision, but the current process represented a significant cost in Staff and Council time. • City Operations/Initiative 2: The Council would lead the community visioning process for the library and come up with the strategic plan; the Council would oversee the outcome of the process. The community may have a huge appetite for library and a small budget, but the focus was on the Council making the decision. The Council had commissioned the process in their December meeting and needed to own the fact it would spend its time over the next year dealing with the results of that process. Parks, Natural Areas, and Recreation This goal contained four initiatives. • Parks, Natural Areas, and Recreation/Initiative 4: Director Anderholm said Parks Plan 2025 was set to expire in 2025. An updated plan required a framework, a consultant, and public outreach. The first year of updating the plan would include a work session before the Council, followed by a meeting with the selection of a consultant. The Council would also receive invitations to engage with the public during public engagement. City Manager Bennett added if the initiative was prioritized, Staff would ensure it was fully fleshed out in the budget process and Council would not see most of its work until late in the year. Council took a break from 11:42 a.m. to 12:18 p.m. Transportation City Manager Bennett highlighted the goal and five initiatives. Transportation/Initiative 1: George Burke, Police Chief, stated reducing the speed on residential streets to 20 miles per hour would not change how streets were policed. A reduction would open the door for more traffic stops and speed was already the number one category in citations issued. City Manager Bennett added the City would not do any extra policing of the streets, if the speed limit was reduced; the parameters would be changed. The general challenge the Police Department had was that residents expected police to cite every driver who sped in the neighborhood, which was not possible. • City Engineer Rooney provided background on the Speed 20 program and noted both Portland and Eugene had implemented the program and went through an extensive and expensive program to change out signs. Since the speed limit would only apply on streets with signs, any street in Lake Oswego with a reduced speed would need to be signed. • The Transportation Advisory Board (TAB) had reduced speed on its goals to observe, watch, and talk about an implementation program. The City was watching for results out of Portland and Eugene. • Overall, reduced speeds did not seem to change people's behavior too much until enforcement came into play. People drive at the speed they were comfortable driving with conditions, and it's very hard to change. • Lake Oswego did not have a lot of high speeds on residential roads. Since the law applied only to local residential roads, speeds could not be reduced to 20 on Country Club Road, Boones Ferry Road, or Bryant Road. City Council Special Meeting Minutes Page 6 of 9 January 21, 2023 • The City was cautious about how to approach reduced speeds and wanted TAB to give insight or feedback as it took into consideration what other agencies had already done. • City Manager Bennett said there was no Department standard or ORS requiring citations be given at certain levels of speed over the posted limit; it was a question of what a judge would do with a citation given for speeding 1 mile an hour over the speed limit versus 10. • The City would research the initiative before implementing reduced speeds to determine associated costs and time. • Speed was a high predictor for crashes and reduced speeds would reduce the potential for crashes. Following Council discussion about the merits and efficacy of reduced speeds, Councilor Verdick noted more than 50 percent of those polled in the community survey highlighted pedestrian safety, so the initiative was worth looking at. • Transportation/Initiative 2: Continue construction of sidewalks and pathways and focusing on safe routes to schools would allow the Council to prioritize allocation of discretionary street funds when available. • Transportation/Initiative 4: City Manager Bennett indicated a work session with TAB and School District Representatives about the engineering requirements for safe pedestrian infrastructure might be a productive use of Council time. The community did not seem to have a shared understanding of what a safe facility was. • Transportation/Initiative 5: Explore an e-bike library pilot program. Mayor Buck expanded on what an e-bike library program would involve and where in the City the program would be offered. The City would not run the program but would work with the Chamber and business programs to find a sponsor. Community Development City Manager Bennett noted the final goal's wording had not changed in the previous year and that it contained six initiatives. • Conversations surrounding homelessness were part of a larger regional conversation. Council time should be allocated as this issue would trigger community dialogue and partnerships with other jurisdictions were needed. Director Siegel answered questions from the Council about reviewing the Development Code processes and the timelines for Staff to conduct a comprehensive review of the Development Code. • One path would be to implement the Housing Policy, comply with House Bill (HB) 2003, improve the process around housing to produce more housing and housing options, and then focus on the economic side independently. • A second path would look at the Code holistically, which could have some benefits. In the past, the City had elected not to start over on its Community Development Code but the City was almost built out and was in a different place. A holistic examination of code could include structural changes and a substantive look at how zoning was set up. • The Planning Department had the capacity to make systematic changes in operations, but it would be a 24-to-36-month process. • The work on housing and HB 2003 might find the City needed to structurally rework code and economic development review work with the Chamber and the business community might arrive at a similar conclusion. Staff would present options and strategies fall of 2023 for the Council to pursue in 2024. • There could be some efficiencies in systematically addressing housing and business Code needs in the same effort. City Council Special Meeting Minutes Page 7 of 9 January 21, 2023 • Community Development/Initiative 5 Connecting homeless people with services. Currently, the City was not proactive in connecting people with services; the effort came in response to calls for service and began with the Police Department and sometimes the behavioral health specialist. Staff suggested the Council have a better understanding of regional happenings before it decided on what the City should do programmatically. Council took a break from 1:19 p.m. to 1:33 p.m. City Manager Bennett reviewed the results of ranking with the Council and removed the item regarding interim solutions for pedestrian safety because it did not necessitate Council action. Councilors discussed the rankings, the time commitments associated with each item, and what each item communicated to the community. Councilors worked through a second round of voting and discussed the resulting ranking of initiatives and the need to limit adopted goals to items that made transformative changes in the community. Mayor Buck urged the Council to adopt Urban Renewal as a goal for the upcoming year and stated the residents of Lake Grove deserved some type of analysis of what would happen with the rest of the project now that phase one was done. Urban Renewal was a big part of the City's future vision. Councilors debated the merits of appointing a hearings officer for tree removals. While the appointment may save the Council time, residents may perceive the move as the Council shirking its duties. In addition, the appointment of a hearings officer would require an investment of Council time and it was possible the issue would be addressed when reviewing the Urban Forestry Plan. City Manager Bennett reminded Councilors in previous years 17 goals had been accomplished. The Council could adopt more but should expect to accomplish 17 during the next year. Council undertook a third round of voting and finalized Council's Strategic Goals and Initiatives for 2023. Proposed Work Plan Items for Council Discussion: This item contained three proposed work plan items: • Create a City App centered around sustainability that also enhances communication and engagement with residents. Mayor Buck recommended the City outsource to improve the technology of its Eco Home website. He noted apps were difficult and expensive to build and stated the main goal of the work plan item was to create ways to empower, incentivize, and educate residents to make more sustainable choices around accelerating the actions in the Climate Action Plan. • Continue education efforts to increase e-bike safety. Councilors agreed the e-bike safety item would be the charge of the City's Public Safety Department. The Department would share responsibility for communication with the school district, but enforcement would be through the Police Department. • Improve the working relationship and communications with the Lake Oswego School District. Councilor Rapf stated the schools were one of the primary reasons people moved to Lake Oswego. City Council Special Meeting Minutes Page 8 of 9 January 21, 2023 6. DEBRIEF AND WRAP UP City Manager Bennett would provide the Department heads with the list of goals and initiatives to develop work plans. The Council would see the list for adoption on February 7tn City Manager Bennett reviewed with Councilors things that had gone well during the Council retreat, including the pre-work done by the Council, good discussions surrounding goals and initiatives, Staff guidance and support, and the fact that the Council and Executive Staff were on the same page with many of the goals and initiatives. In the future, the Council would avoid verbal hyperbole and find a way to physically seat Staff in a round table setting with the Council. 7. ADJOURNMENT Mayor Buck adjourned the special City Council meeting at 2:40 p.m. Respectfully submitted, Kari Linder, City Recorder Approved by the City Council on {insert approval date} Joseph M. Buck, Mayor City Council Special Meeting Minutes Page 9 of 9 January 21, 2023 ATTACHMENT 2 iTt, , . CITY COUNCIL REGULAR MEETING I CI MINUTES VV February 7, 2023 . .......EGO� 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 5:32 p.m. on February 7, 2023. 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 and Councilors Mboup,Verdick, Rapf, Afghan, Corrigan, and Wendland Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder, City Recorder; Scot Siegel, Community Development Director; Jessica Morey-Collins, Senior Development Specialist (via video conferencing); Don Johnson, Fire Chief; Erica Rooney, City Engineer I Public Works Director; Stefan Broadus, Assistant City Engineer 3. PLEDGE OF ALLEGIANCE Mayor Buck led the Council in the Pledge of Allegiance. 4. EXECUTIVE SESSION: The Lake Oswego City Council will meet under authority of ORS 192.660(2)(e) conduct deliberations with persons designated to negotiate real property transactions and (f) consider records that are exempt by law from public inspection. Ms. Osoinach reviewed the statutory basis for entering executive session and outlined the parameters. The City Council met in executive session beginning at 5:36 p.m. and ending at 6:08 p.m. The Council reconvened in open session at 6:08 p.m. 5. PUBLIC COMMENT Mayor Buck observed that some of those planning to speak wished to address pickleball at Westlake and/or George Rogers Park. While welcoming their comments, Council is precluded City Council Regular Meeting Minutes Page 1 of 20 February 7, 2023 from interaction with those speakers as long as related public processes remain open. This prohibition will continue as long as the City is engaged in active land-use issues at the two facilities. It also pertains to persons communicating via email. He reviewed the format for comment, noting the total time allocation of 30 minutes for this agenda item. Via Video Conferencinq • Scott Collins As a Westlake neighborhood resident living near the tennis courts, Mr. Collins expressed concern about potential adverse effects of pickleball play on First Responders at the nearby fire station. Impacts on neighbors there are also a concern, based on the closure of the courts at George Rogers Park. Citing national statistics of the U.S., he noted that about 2.6% of the population participates regularly in pickleball, as compared to 6.3%for tennis. He particularly does not wish to see outdoor tennis courts being decommissioned in favor of pickleball. Clearly, pickleball play is growing, and Council should consider an appropriate place for siting courts. In Person at City Hall Council Chamber • Kent Drangsholt Mr. Drangsholt, as owner of At the Garages on the south end of Lake Oswego near 1-5, reported that he will be installing pickleball facilities there. In the first phase, they anticipate installing two outdoor courts, plus two smaller two-player courts; in a second phase, three more courts may be added. This business enterprise can help the City by offering a desirable option to meet growing interest in pickleball. Unlike the City, he believes, his club facility will be offering food and alcohol services and other benefits. The City's decisions regarding pickleball create a void that he is willing to fill, and he asks that Council allow businesses to help with that. • Emily James Ms. James noted that her family's house is one of the closest to the tennis courts at Westlake Park. Noise that would be associated with pickleball there is a big concern. The children's daytime hours require homework, reading, and other quiet activities. Their early bedtimes can create difficulty when tennis play continues much later into the evening, as other parents would likely recognize. One of her children being neurodiverse and therefore very sensitive to sound, proximity to the courts is a concern. She expressed sympathy to those who hope pickleball courts can be sited there, but is not sure it should be at the expense of others' well-being, especially children's. Council is asked to consider the nearby residents. • Harlan Levy Another resident living close to Westlake Park and its tennis courts, Mr. Levy expressed his opposition to siting pickleball there. Along with family and friends, he plays tennis at the courts regularly, finding them in constant use year-round; many of the players can be seen at tonight's meeting. The community process that had explored alternative Lake Oswego sites for pickleball did not recommend Westlake as a prospect. In fact, the task force voted against using Westlake because it offers the city's only outdoor courts with lighting and is very well used. Also, staff had noted that residents live less than 150 feet from the courts. The Westlake fire station is literally next to the courts, where noise from pickleball could disturb their rest and hamper their critical City Council Regular Meeting Minutes Page 2 of 20 February 7, 2023 work. Of note, the Westlake station in 2022 responded to significantly more incidents than seen at the City's other three stations. He reminded Council of (1) the earlier speaker's plan to add pickleball courts at his nearby business; and (2) availability of pickleball facilities planned at the City's new recreation and aquatics facility. Finally, the tennis courts at Lake Oswego High School (LOHS) are underutilized, while also situated far from homes. He requested that Council explore the option of working with the Lake Oswego School District on this option, rather than Westlake Park. Council may hear from other Westlake neighbors who are concerned about impacts of this proposal, including noise, traffic, and other issues that would impact their right to the quiet enjoyment of their homes. They also should recall Councilor Afghan's statement on January 17 to the effect that this problem in Westlake dates back to 2015; people are hurting. Why would Council consider hurting other community members? Moving a problem is not solving a problem. • Taylor Drake Mr. Drake conveyed his opposition to conversion of the Westlake tennis courts to pickleball. At his house, directly east of the courts, he has found the park to be a good neighbor. Pickleball courts, however, will destroy the peaceful environment of Westlake. He outlined reasons that remediation efforts now being considered by staff will fail to reduce harm to neighbors: (1) The high-pitched sounds unique to pickleball do not fade into background noise; rather, studies have found they are more annoying to the human ear than lower-pitched sounds. The extent of this conversion to pickleball courts,with sounds of these impacts and loud voices of players,will create a disturbing level of noise that will flow into the neighborhood; this is the harm that Council had voted to terminate at George Rogers Park. (2) The acoustic fencing that may be moved from the George Rogers courts to Westlake will not overcome that harm because of the unique remediation challenges at Westlake. These include topographic issues whereby some houses are situated over 20 feet higher than the courts and ear levels of residents will be above or otherwise outside the protection of fencing. (3) The acoustic fencing fabric is reflective, rather than absorbent, of noise,which will worsen the problem for houses at higher elevations and directly east. Importantly, neighbors will be able to hear the noise from both outside and inside their homes, as will First Responders at the fire station. Homeowners will see negative impact on their property values, a real harm. Based on his research of noise studies, outdoor pickleball courts need to be placed at a distance of 500 to 600 feet from homes unless earthen berms and concrete walls, in conjunction with costly sound-absorbing materials, are placed strategically. Here, that option is not on the table, but Council does have better options. If supporting pickleball is a goal of the City, he concluded, it should be done the right way. A real solution would not penalize Westlake or any other neighborhood. Harm should not be shifted from one neighborhood to another, and Council is asked not to tolerate harm in any neighborhood. • Carrie Jones Ms. Jones advised that she, her husband, and three children, ages 9, 7, and 4, live in the house nearest to the Westlake tennis courts. The distance being less than 150 feet from the courts, they are extremely concerned about effects of loud and constant noise that would be generated by pickleball play, specifically impacting the health and well-being of the children. The children's bedrooms face the courts. With the youngest taking daytime naps and having an early bedtime, the parents are concerned about negative impacts of chronic sleep deprivation; Ms. Jones noted that she is very familiar with these, as she is a pediatric physician. Another of the children has anxiety, and they worry that pickleball noise will adversely affect her well-being. The next-nearest neighbors to the courts also have small children and share these concerns. Additionally, her husband's longtime workplace is his home office, also facing the courts. Since much of his City Council Regular Meeting Minutes Page 3 of 20 February 7, 2023 workday is comprised of virtual meetings there, they are concerned about severe harm to his quality of work and even impacts to their personal income. If they need to move, they expect it to be very difficult to sell their home. They value and support the opportunity for recreational activities in the community, but believe this proposed location for pickleball is not suitable for this or other residential areas. She implored Council to consider alternative locations for the courts. • George Vlaisavich Mr. Vlaisavich, also a Westlake neighborhood resident, opined that a valuable lesson has been learned through exploring pickleball issues: that this sport is not compatible with a neighborhood setting. He likened it to shooting or golf driving ranges in terms of the related rhythm of noise, probably requiring special zoning designation(s). It is understandable that the extent of pickleball noise issues would not be known from the outset. However, at this time he finds himself opposed to siting of the courts at Westlake Park, based on the extensive research, thought, and input brought forward by Westlake neighbors. Two points for Council consideration: (1) Pickleball may call for a special zoning designation. (2)The desire for a quick fix may be involved here. Speaking of his family's desire for access to an outdoor swimming pool when they moved to Lake Oswego 20 years ago, he noted they had needed to find a solution outside the city. Only now is that pool coming to Lake Oswego. While he recognizes there may be great desire for pickleball facilities now, sometimes people must wait. He and others believe that the right solution will ultimately be best, and they trust Council to make the right decision. • John Devlin Noting his residence as very near the Westlake Park tennis courts, Mr. Devlin asked that Council reconsider their January vote to explore Westlake as a pickleball site. He reviewed the work performed by the Council-appointed task force over a period of months. After establishing criteria and then identifying and analyzing potential sites, the task force had strongly rejected Westlake for consideration; in fact, no reference to Westlake was shown in the task force's final report. Even with a reduced minimum allowable distance from homes, the Westlake site did not satisfy that criterion. The Westlake fire station, which responds to 80% of Lake Oswego 911 calls, is even closer to the courts, staffed by EMS personnel working 24-hour shifts. This, too, was taken under consideration when the task force rejected Westlake as an option. Having listened to recordings of the hearings, Mr. Devlin heard people voicing concern about moving the problem to another location. Another factor was the strong desire of the task force not to displace existing activities, and tennis at Westlake is very popular. At an early stage in their work, the task force questioned keeping Westlake on the list of potential sites; he urged Council members to review that discussion. Prior to the Council's vote in January, Councilor Rapf had asked how the neighbors would react to the proposal, since they not been consulted. It is now clear there is strong opposition, as with George Rogers Park neighbors even after mitigation was undertaken. Council has determined that the task force's recommended options for a new pickleball facility are not affordable at this time. Neither location is suitable for pickleball, based on the task force's criteria. Therefore, Council is urged to respect their work and not simply move the problem elsewhere. • David Wiszneauckas Mr. Wiszneauckas described his interaction earlier with City PARKS staff when neighbors complained about pickleball noise at their homes near the Westlake tennis courts. He displayed an example of signs posted by the City, directing them to the George Rogers courts. Having subsequently read in the City's 2022 summary of activities that the City wishes to build bonds with City Council Regular Meeting Minutes Page 4 of 20 February 7, 2023 neighborhoods through listening to them, he emphasized that the same issues seen at George Rogers Park will recur at Westlake. He echoed the prior speaker's comment about the absence of Westlake from the list of prospective sites in the findings; at the same time, Westlake neighbors are willing to work with the players, Council, and PARKS staff to find a viable alternative. He understands that the City has identified a preferred site, but lacks funding to build a facility. Sources of suggested support might include (1) grants from various organizations, including the State of Oregon or (2) cooperative partnerships with businesses that might contribute funding, perhaps with recognition on an onsite plaque. It is essential to find the right location, where the neighborhoods are not impacted, and the task force has done that. Some Westlake neighbors' homes are slightly less than 300 feet from the courts, in contrast to the 400 to 600 feet suggested by acoustical engineers. He requested that Council review their decision and consider ways to act on the task force's recommendations. • David Dunning Mr. Dunning raised questions about the process that preceded the City's decision to close the pickleball courts at George Rogers Park. (1) Had the City considered the simplest, least costly solutions to the noise issues? Primarily, these would require use of quiet pickleballs and paddles, tested and found effective; he displayed examples of both and a listing of paddles. (2) Was Council aware that the curtains installed at taxpayer cost of $70,000 were actually sound- reflecting and not sound-absorbing? (3) Despite this, the curtains did reduce noise across Ladd Street. In the testing commissioned by the City, was any conducted inside the homes there, with doors and windows closed? (4) In considering matters of mental and emotional health: Were the joys experienced by the George Rogers pickleball players considered or was the behavior of one woman from across the street given undue consideration? On two occasions, he had been present when she came onto the courts, yelling and crying. Regarding the decision to close the courts there without any viable alternatives in place, he asked: Had Council taken seriously the PARKS Board's unanimous decision in December to `continue the use of George Rogers courts until such time that new courts and equal opportunity can be made in Lake Oswego'? Regarding Council's 4-3 vote in January to close the courts immediately, he discussed the recusal requirement for any City Council member who may have a conflict of interest or lack of impartiality, with personal financial interest in the decision's outcome. Here, he believes that newly-elected Councilor Afghan has demonstrated a clear lack of impartiality at parks and recreation meetings over the past year, specifically at the July 20 meeting. More importantly, his recusal is necessary because his home property is near George Rogers Park. Lastly, Council was reminded of its mission to cultivate an exceptional quality of life for all community members. • Doug Anderson Mr. Anderson introduced himself as an officer in a Lake Oswego pickleball club and a member of the task force studying a suitable site(s) for pickleball. He noted that recent Council meetings have focused on financial restraints faced by the City, with some long-anticipated projects now delayed or shelved. Citing the city's motto (`Live Where You Play'), he contrasted the number of public courts for tennis (21) with pickleball (none, unless the two are reopened at George Rogers Park); this strikes him as unfair. Given the large number of pickleball enthusiasts needing a place to play in Lake Oswego, he noted that Westlake was not their choice. However, they would play where courts were made available, and hoped that the Westlake offer was sincere. His club recognizes that the City must complete its due diligence, but that opposition may nonetheless continue. The pickleball community has compromised when requested to do so, and they ask that everyone engage in solving this problem. Several ideas to consider include: (1) Four imperfect City Council Regular Meeting Minutes Page 5 of 20 February 7, 2023 sites can be set up for temporary play, including the suggested LOHS site. (2) For the summer, play could be split between the Westlake and George Rogers sites, perhaps with different days specified at each location. (3)The South Shore Tennis Courts, with four existing pickleball courts, might be made available for a few hours. (4) Play at George Rogers Park could be restricted to the three courts next to Ladd Street, where the cement barrier and fence would block most of the noise. (5) To a limited extent, e.g., on alternate Friday evenings, pickleball play might be designated at the Tennis Center, such that tennis is not disrupted. His pickleball club has a significant number of members, and they are calling on Council to fast-track any efforts to increase residents' playing options. Parks and Recreation staff needs guidance from Council to make that happen. He reiterated the pickleball community's willingness to compromise and work together for the greater good, until funds are available for a permanent facility in the right location. • Stan Sasaki Mr. Sasaki, a 30-year resident of the Holly Orchard neighborhood and avid tennis player, expressed sadness at the closing of the Westlake courts. Located within walking distance of his home, the two-court configuration there provides the capacity and accessibility suitable for neighborhood children; they can also reach the park on foot or by bicycle, navigating only residential streets. Based on many years of observation, he believes the typical tennis player at the courts is a neighborhood resident. Importantly, the limitation to two courts is a disincentive for players to drive from other areas and then have to wait for a court. Recreation with neighbors at their local park also weaves the social fabric of community, he opined. A large, centralized approach would be more cost effective for specific park activities, and this is essentially what had happened at George Rogers Park. People coming from all around the area to play pickleball at an overutilized venue in a neighborhood park would greatly change that park's character. Rather than set up an ongoing sport-versus-sport controversy, Council could consider the seven-year George Rogers experiment a resounding success. In his view, a great deal was learned; validation of pickleball as a popular activity was achieved. He asked that Council reconsider the elimination of neighborhood tennis and ask PARKS to explore the bigger picture, rather than the narrow purpose of finding a new location for the six George Rogers pickleball courts. Mayor Buck thanked all of the speakers and encouraged participation of all in the public process underway regarding pickleball. Additional comments may be provided to all Council members via email, addressed to the Council distribution list. Written Public Comment Received and Posted on the City's Website • Mary Reisch and Peter Kroepfl • Michele Barnett • Carl and Jane Schmits 6. CONSENT AGENDA Motion: Move to adopt the Consent Agenda. 6.1 Awarding a Public Improvement Contract for Preconstruction Management Services for WO 298 Blue Heron 2 Trunk Sanitary Sewer Project City Council Regular Meeting Minutes Page 6 of 20 February 7, 2023 Motion: Move to authorize the City Manager to sign a Public Improvement Contract with J. W. Fowler in the amount of$95,265 for preconstruction services for WO 298 Blue Heron 2 Trunk Sanitary Sewer Project. 6.2 Awarding a Public Improvement Contract for Construction of the Annual Water Rehabilitation Project for WO 315 Motion: Move to authorize the City Manager to sign a Public Improvement Contract in the amount of$647,765 for construction of the Annual Water Rehabilitation Project for WO 315. 6.3 Ordinance 2909, An Ordinance of the Lake Oswego City Council Amending LOC Chapter 50 (Community Development Code) for the Purpose of Clarifying and Updating Various Provisions (2022); and Adopting Findings (LU 22-0038) Motion: Move to enact Ordinance 2909. END CONSENT AGENDA Mayor Buck reviewed the three items listed on the Consent Agenda. Councilor Wendland 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 Mboup, Verdick, Rapf, Afghan, Corrigan, and Wendland voting 'aye' (7-0). 7. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 8. CONSENT AGENDA - Councilors Only Motion: Move to adopt the Consent Agenda. 8.1 Resolution 23-05, A Resolution of the City Councilors of the City of Lake Oswego Approving an Appointment to the Diversity, Equity, and Inclusion Advisory Board. 8.2 Resolution 23-06, A Resolution of the City Councilors of the City of Lake Oswego Adding Kimvi To as a Member of the Ad Hoc Housing Production Strategy Task Force. Councilor Wendland moved to adopt the Consent Agenda. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed, with Councilors Mboup, Verdick, Rapf, Afghan, Corrigan, and Wendland voting 'aye' (6-0). 9. COUNCIL BUSINESS City Council Regular Meeting Minutes Page 7 of 20 February 7, 2023 9.1 Ordinance 2922, An Ordinance of the City Council of the City of Lake Oswego Amending Ordinance 2920 by Deleting Section 3. Ms. Osoinach noted that this ordinance related to a matter that came before the Council in December, 2022. Likening it to a code"housekeeping" measure, she advised that its purpose was to update a reference to the Consumer Price Index (CPI) in current code. Council President Verdick is the only member affected by the start date of this change (July 1, 2022). Therefore, she will not be voting on the ordinance now before Council, for the same reason that Mayor Buck and others did not participate in the previous vote. Ordinance 2922 simply brings all Council members in line with the CPI currently in effect, she advised. Councilor Wendland moved to enact Ordinance 2922. Councilor Mboup seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup, Rapf, Afghan, Corrigan, and Wendland voting `aye'. Councilor Verdick abstained (6-0-1). 9.2 Findings, Conclusions and Order for AP 22-06, 499-22-001206-TREE, Appeal of the Development Review Commission's Decision to Approve a Type II Tree Removal Application for one tree at 817 D Avenue Ms. Osoinach reviewed background of the matter, including the related January 17 quasi-judicial hearing held by City Council. The appeal, from the First Addition Neighbors and Forest Hills Neighborhood Association, had sought to reverse the Development Review Commission (DRC) order allowing a tree removal, as detailed in the Council Report. Also of note: Councilor Mboup had abstained from participating in that hearing and therefore would not be participating in the vote now before Council. She discussed Council's option to vote separately on the order of evidence. Staff's recommendation, however, would be to simplify: Make only a single motion that would affirm and adopt the findings, conclusions, and evidentiary order voted on initially. Councilor Rapf moved to adopt both the order on evidence and the findings, conclusions, and order for AP 22-06. Councilor Wendland seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Verdick, Rapf, Afghan, Corrigan, and Wendland voting `aye'; Councilor Mboup abstained (6-0-1). 9.3 Adoption of the 2023 City Council Preferred Future, Goals, and Initiatives Ms. Bennett thanked Council for their hard work at the January 21 meeting where they discussed major City goals and projects for 2023. She considers the agenda for this calendar year to be quite ambitious, but also achievable. About 10 major policy projects have been identified; these will require considerable Council discussion, along with extensive community engagement. Of these projects, six will require continued high-level monitoring of activities by the Council, documented with quarterly reports. The Council also has five new initiatives this year. All told, she appreciates that the package encompasses all major operational areas, as appropriate for a full- service city. Upon adoption, staff will move forward with a timeline that first completes projects that are already underway. The new initiatives will follow, so progress on those will be seen later in the year. This will give Council an opportunity to consider and adapt the work plans, ensuring that their intentions in setting the new goals are addressed. City Council Regular Meeting Minutes Page 8 of 20 February 7, 2023 Councilor Mboup moved to adopt the preferred future and the City Council 2023 goals and initiatives. Councilor Wendland seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup, Verdick, Rapf, Afghan, Corrigan, and Wendland voting 'aye' (7-0). Councilor Wendland complimented Ms. Bennett and staff for coordinating the very productive Saturday session, echoed by Mayor Buck. 10. PUBLIC HEARING 10.1 Ordinance 2891,An Ordinance of the City of Lake Oswego Amending LOC 50.01.006 Nonconforming Uses, Structures, Lots and Site Features and LOC 50.07.004 Additional Submittal Requirements; and Adopting Findings (LU 22-0008). Mayor Buck reviewed the Ordinance title. Ms. Osoinach noted that the matter involved a legislative decision, including testimony, in accordance with applicable regulatory requirements. Staff Report Mr.Siegel introduced the staff report and provided background, dating from Council's March 2022 study session on demolitions. At that session, Council also discussed the policy and regulations governing nonconforming development and the ability to continue a nonconforming development; that term, he clarified, refers to an existing structure or a lot that was established lawfully under either a different set of City standards or developed in the County and then annexed into the City, where it does not conform to current Code.Also, there is the related issue of what property owners are able to do in the way of remodeling or adding on to those structures. At that same study session, Council had provided direction on three fronts: (1) Update the definition of demolition to more appropriately distinguish a demolition from a remodel. Accordingly, Council amended the Building Code, establishing that removal of 50°/0 or more of the exterior walls or perimeter foundation on a residential structure would constitute demolition; there are related implications for the public notification and permit processes, as well as the demolition tax. (2) Consider removing the sunset on the demolition tax established in 2019. Council had extended this by passing an ordinance in fall of 2022, essentially making it permanent. Also included were policy changes related to manual deconstruction and greater opportunity to preserve historic elements. (3) Review the standards and process for remodels of nonconforming structures, i.e., residences. This required the most time as it entailed changes to the land use code, including significant study by the Planning Commission. The Commission conducted four work sessions and a tour of existing development in various neighborhoods to explore effects of existing policy. Their recommendation is now before the Council (Ordinance 2891, Residential Nonconforming Structures (LU 22-0008). Displaying slides (Presentation —Ordinance 2891, Residential Nonconforming Structures LU 22- 0008), Ms. Morey-Collins expanded on Mr. Siegel's overview of the topic before the Council. She differentiated nonconforming structures from illegal structures (Presentation, p 2/40). The Community Development Code(CDC)that is currently in effect allows for a legally-nonconforming structure to be continued or maintained. Upkeep and repairs are allowed, but structural alteration is disallowed as maintenance. So long as the change does not increase the degree of nonconformity, current Code allows for expansion or change of such structures if the new construction meets today's Code (Presentation, p 3-5/40). Next, she reviewed the proposed draft City Council Regular Meeting Minutes Page 9 of 20 February 7, 2023 Code amendments (Presentation, p 6-7/40). Essentially, these seek to align the nonconforming code with the definition established under the new building code. The effect would be such that any project requiring a demolition permit as prescribed under the 50% threshold for removal of exterior walls would be required to conform with today's Code standards. If there is an increase of 50% or more in a dwelling's floor area, where the total floor area after the addition exceeds 90% of the maximum allowed, that also would require conformance. Exceptions have been considered, including (1) conversion of a single-family dwelling to middle housing; (2) projects located on public property; (3) affordable housing projects that meet the criteria for system development charges waiver; and (4) projects that retain a native tree species meeting a minimum size requirement. The draft Code amendments also include changes to project submittal requirements. These are intended to provide the City with enhanced clarity on proposed projects, thereby helping to remedy some issues encountered with existing nonconforming structures. Over time, some older structures have sustained damage and/or have been subjected to outdated construction that cannot be merged safely with new construction. Upgraded controls for recordkeeping related to demolitions and structural inadequacies are also included. In another effort to identify compliance, a public hearing on December 12, 2022, (Presentation, p 8/40) involved the Planning Commission and public testimony addressing middle housing exemptions, the desire to streamline review processes, and whether the 50% or some other threshold would be a better place to start. Ms. Morey-Collins next discussed a series of slides that illustrated nonconforming development issues encountered by staff and how this Code change would apply. The slides encompassed eight case studies chosen by staff (Presentation, p 10-38/40), with site photographs and other graphics. In each case, she identified the project by type of housing, development plan, nonconforming element(s), means through which approval may have been received, ultimate outcome, and compliance in terms of both the current and the proposed Code. Both she and Mr. Siegel responded to Council members' comments and requests for additional details concerning some of the cases. At one point, Mr. Siegel noted the challenges of interpreting the City's very complex code, which includes standards that are specific to certain building elements, e.g., garages, and that are unique to neighborhoods that are overlays. No one code will fit every situation; this is why design variances, minor variances, and many alternative paths are offered. In fact, a desired outcome expressed by neighborhood chairs when they asked the City to pursue this matter was to achieve greater conformity with overlay standards. They wanted to see that redevelopment or replacement of dwellings would achieve the goals of the neighborhood plans. Mayor Buck posed questions about the benefits sought by the applicant in a specific nonconforming development project. In ensuing discussion, Mr. Siegel, Councilor Verdick, and Ms. Bennett indicated that the applicant and/or architect, rather than the City, could provide that information. This, like other information about the owner's intent for the property, may not be known by staff. Mayor Buck emphasized his desire to understand the situation as fully as possible, especially as applied to single-family or middle housing; it would help guide the Council in making this legislative decision. Ms. Bennett suggested that another benefit of the case study was to illustrate how challenging it will be as compared to other projects. Rather than trying to determine an applicant's motivations, the Council might find it more helpful to ask: How big a burden are we putting on someone trying to do development in Lake Oswego? In the case of this project, Mayor Buck opined that the new house was a modern adaptation of what had been the original one, as compared to a development that simply scrapped the look. Councilor Afghan asked if the proposed code required that the nonconforming structure remain in place or if instead the concept would be"grandfathered". Mr. Siegel advised that the physical structure must remain City Council Regular Meeting Minutes Page 10 of 20 February 7, 2023 in place in order to maintain entitlement to the nonconforming right; once removed, it is subject to current standards. Ms. Morey-Collins discussed key implementation issues that the proposed code change is seeking to resolve (Presentation, p 39/40): (1) substantial amount of staff time needed for compliance review of nonconforming remodels, resulting in a slower permitting process for all applicants; (2) situations where structural deficiencies are discovered after partial demolition or deconstruction, sometimes necessitating a new review process and frustration for applicants; (3) need for multiple corrections or redesigns, where earlier staff assistance could help ensure applicants' consideration of all possibilities and risks; and (4) recognizing the importance of timing inspections appropriately, with staff capacity and coordination to verify that nonconforming structural components remain on site after partial demolition or deconstruction, so that what remains will be sufficient to support future construction. Considerable coordination is required not only to verify that plans are in compliance, but that they are executed as approved. Mr. Siegel affirmed that the Planning Commission had recommended approval of the proposed code amendments. As noted earlier, the Commission had received testimony, primarily related to the proposed exceptions. However, the Neighborhood Chairs Committee, as well as the Council, had received testimony from community members who do not support making exceptions for remodels or reconstruction projects that are for the purpose of creating middle housing or that are creating income-restricted affordable housing; both of these had been exceptions proposed by staff, and the Planning Commission did support those. The related policy objective, he noted, was to provide flexibility for housing that has been identified as needed housing that is consistent with the City's housing-production goals. Finally, he commented that the State allows the City to be more forgiving in regulating middle housing with respect to single-family development, but not more restrictive with middle housing. Council does have the ability to put those exceptions in place to help facilitate middle housing or affordable housing. Council is not obligated to do so, but any restrictions placed on middle housing must be equivalent to those on single-family development. Mr. Siegel next addressed Council members' questions. Among these, Councilor Afghan requested a high-level justification of the middle- and affordable-housing exceptions. Mr. Siegel stated that flexibility was the objective, adding that no middle housing had been produced since enactment of the middle-housing codes. He acknowledged that this exception may only be used rarely for middle housing. However, it is in the spirit of providing flexibility to address the community's stated shortage of middle or alternative housing types. He next responded to Councilor Afghan's questions about specific development scenarios for these housing types. Finally, Councilor Afghan asked about the logic behind projects on public property also being exempt. Mr. Siegel indicated this relates to the existing demolition ordinance, and the demolition tax does not apply to dwellings on public property. While there are few such instances, the City occasionally will acquire properties with residential structures on them, hence the exemption. Councilor Wendland inquired about benefits for development of multiple dwellings as compared to a single-family dwelling. Mr. Siegel advised that the code as proposed would be favorable toward a project that is creating middle housing. By remodeling a single-family dwelling to create a duplex or larger multifamily development (triplex or quadplex), the property owner would be allowed to maintain the nonconforming right. Both middle housing and single-family housing are currently subject to the same standards insofar as the City regulates nonconforming development. The proposed changes would adjust the parameters upward for remodeling or adding on to single- family and affordable housing. The policy question before Council is: Should the thresholds remain as they are now for middle housing and affordable housing in terms of being able to City Council Regular Meeting Minutes Page 11 of 20 February 7, 2023 maintain a nonconforming right or should the thresholds be set higher? He provided additional background on the community's discussions and concerns about middle housing over the past three years, including issues of demolition and increased density on the lots. Over that period, a more intentional body of work related to housing has been seen. The goal now is to remove barriers to housing, particularly housing for those with the greatest need for smaller units and affordable units. Ms. Bennett requested clarification of accuracy and applicability of language pertaining to exceptions shown in the proposed code (Attachment 2 to Council Report, p 1/3, i.e., p 7/36). In responding, Mr. Siegel explained that middle and affordable housing would be exempt from the full conformity requirement if they were to demolish or add on, a sort of blanket exception. They would therefore continue as they would today with that nonconforming part of the structure. Councilor Wendland asked how the preservation of large native trees came to be an element of the proposed changes to this code. Mr. Siegel indicated that this arose in very early discussion with the Planning Commission and perhaps in a subsequent study session. He recalled concerns heard about how forcing development to come into full conformity could create a sort of adverse incentive to remove trees. Responding to related questions from Councilor Wendland, Mr. Siegel explained one concern: that more applicants would choose full demolition. This exception would offer an alternative where the applicant could save a large native tree while being allowed to keep the nonconforming part of the structure. Choosing to do so, he confirmed, would be solely the owner's decision. Councilor Wendland emphasized that he did not support undertaking any changes to the Tree Code, and Mr. Siegel advised that this proposal does not do that. He noted provisions of the current development code that provide exceptions where a development preserves a significant tree, now essentially in commercial areas.Where this occurs, the minimum landscaping and parking requirements can be reduced. It is a precedent for the proposed code and does not involve revision of the Tree Code; rather, it is a development standard. In response to further questions, he reiterated that it is entirely at the property owner's discretion. The key change is that the owner does not have to apply for a variance. Councilor Wendland commended this as a great solution that provides property owners with all their choices. In follow- up to Councilor Afghan, Mr. Siegel noted that the applicable tree in this context would be a native tree 30" in diameter or greater; if no such tree stood within the building envelope, any native tree 15" in diameter or greater would suffice. As a newer Council member, Councilor Corrigan inquired about potential uses of the lot and impact on neighbors regarding one of the case studies (Presentation, p 25-26/40). In essence, the development standards would apply the same as to a single-family remodel or middle housing, except that the owner could retain the nonconformity, Mr. Siegel advised. In related discussion, he noted effects based on whether the owner wished to do an internal remodel or multifamily development (e.g., duplex); two alternative scenarios were described for the latter. Councilor Corrigan reiterated her concern about impacts on neighbors and other aspects of the exception. Specific to this case study and Councilors' questions, Mr. Siegel and Ms. Morey Collins provided additional information about the building envelope and footprint and the maximum lot coverage. Mayor Buck asked if the maximum floor area and lot coverage would be the same, whether the proposed structure is to be either a single-family home and/or middle housing. Both Ms. Bennett and Mr. Siegel confirmed that to be correct. In response to Mayor Buck's questions about any consideration of exceptions for preserving trees outside the building envelope, Mr. Siegel indicated that had not been proposed; such trees are considered to have sufficient protection under the Tree Code when reasonable alternatives are available. Noting the high importance of both tree preservation and the appearance of garages to neighbors, Mayor Buck perceives a challenge in terms of balance for the City, e.g., as in the City Council Regular Meeting Minutes Page 12 of 20 February 7, 2023 fifth case study (Presentation, p 25-26/40). Discussion ensued, with Mr. Siegel noting that the City's minor variance process could offer reduced setbacks and other dimensional standards that might allow for preservation of a significant tree. However, the owner cannot be compelled to apply for a variance. The exception being proposed seeks to provide an option for preserving a tree where it would otherwise be eligible for removal. Beyond the matter of nonconforming structure, property constraints are also a factor, e.g., driveways or utilities such as sewer lines or laterals. They present another kind of problem related to removal or disruption of trees. What solutions or alternatives might address these? Constrained lots that are narrow or oddly configured are seen across the community, he added. Councilor Wendland inquired about any outreach to builders on the proposed code changes, including the exceptions, and any reactions heard for or against. Mr. Siegel noted that the Planning Commission had received testimony from builders who did not favor adding these parameters to nonconforming development. In his own outreach to the Home Builders Association (HBA), he had heard input to the effect that setting a higher threshold, i.e., allowing removal of more of the existing structure in order to add on more square footage without triggering these changes, it might be an alternative. Having heard these viewpoints, the Commission had sought a balance between the two. Councilor Wendland indicated his greater question was about the middle housing: Would builders in that sector now have a great opportunity for finding creative approaches that might subvert the intention of the code? Mr. Siegel clarified that the HBA had not approached the City with this idea; rather, it was driven by staff's efforts to address what is being heard about housing and how the City can facilitate more economical forms of housing. Answering a final question from Mayor Buck, he advised that no applications for prospective middle housing had yet been received, though pre-application conferences have been conducted. Testimony In-Person Testimony • Carole Ockert, Neighborhood Chairs Committee Ms. Ockert noted that she spoke as representative of the Neighborhood Chairs Committee (NCC), and thanked Council for their diligence in working toward a fix for the City's demolition code. The NCC supports the extensive work of staff in preparing the well-considered language now before City Council. The NCC supports staff's work and the Code language as written and subsequently passed by the Planning Commission; however, NCC does not support the exemptions for middle housing and affordable housing. She highlighted major achievements since launching this initiative in March 2022: (1) fixing the definition of demolition; (2) setting the demolition tax amount; and (3) establishing a threshold for deconstruction. At the meeting now in progress, the Council's desire that only true remodels be allowed to maintain various nonconforming entitlements has been addressed. After years of attempted "end runs" to circumvent existing code, the proposed changes will meet the community's needs. Lake Oswego is a community that primarily removes older houses and replaces them with new, hence the importance of having land use code that is followed. That contributes to maintaining it as a desirable place to live. Reiterating the thorough exploration conducted by staff and the Planning Commission, she cited a specific instance the Commission considered in public testimony. They learned that the new code would not mitigate the adjacent property owner's issue in this case. However, Ms. Ockert opined that the proposed code changes will indeed address it for many more residents and for the community going forward. From the Commission's findings, she quoted their statements that this new Code "improves predictability in the permit process" and "balances City Council Regular Meeting Minutes Page 13 of 20 February 7, 2023 flexibility for development with neighborhood character and avoids impact on neighboring properties". Accordingly, staff convened a working group comprised of staff members, the DRC chair, a neighborhoods representative, and a developer with extensive experience in Lake Oswego, both on new builds and remodels. In a spirit of cooperation seen from the outset, staff strove to incorporate collaboration and balance into the language; the NCC understands this need for balance that considers the many individuals and groups, as well as City property tax. The result being considered now by Council represents compromise: a mix of interests and balance, and is now ready for adoption. As noted in the Commission findings, it allows for addressing unique and difficult site conditions by continuing the options for Minor Variance, Major Variance, and Residential Infill Development. Additionally, the new code offers a genuine incentive that can support this and prior Councils' desire to encourage preservation of older homes. Property owners may retain pre-existing nonconformities if(1) more of the original home is left standing or(2) more of the original home is incorporated into the upgraded property by staying within the generous add-on percentage. Next, she discussed reasons for not making middle and affordable housing exempt from the proposed code, i.e., enabling complete demolition while allowing owners to retain all nonconforming rights. The negative impact of a nonconformity is multiplied with middle housing, she asserted, with potential to become much worse over time. It is the adjacent neighbors who will bear an unequal burden in carrying the subsidy up front and for the many years of the housing's lifetime. The Planning Commission did not send this message to Council, she believes, mainly because they had not heard the public testimony of the Middle Housing Code Advisory Committee (MHCAC); otherwise, the Commission would have come to a different decision. She discussed the diverse group of stakeholders comprising the MHCAC, designed and appointed by City Council to "conserve the community's quality of life by planning for change and growth". The MHCAC, when asked to consider if the City should offer regulatory incentives for projects that include affordable and/or accessible units in middle housing developments, advised against it. She cited specific concerns reflected in MHCAC memos and votes, and a staff summary noting that"...(MHCAC) members voiced concern that loosening these zoning requirements could diminish many of the characteristics that residents stated they valued about their neighborhood..." in a recent neighborhood character survey. Members also expressed concerns that regulatory incentives could result in less-desirable housing being constructed; low-income residents should be offered the same quality of housing as offered for market-rate housing. Based on her own lived experience, she endorsed the MHCAC's message that middle housing regulatory incentives should not be offered for any middle housing projects. She urged Council to allow time for the recently-activated housing production strategy task force to choose and implement code relating to production of middle and affordable housing. Council is asked to pass the Code now as written for pre-existing conformities without the exemption for middle housing or affordable housing. Written Testimony Received and Posted on the City's Website • Ruth Bregar • Grant Howell • Cheryl Uchida • Gretchen Sabo Seeing no other persons present to testify, Mayor Buck closed the public hearing. Councilor Mboup moved to tentatively approve Ordinance 2891 and direct staff to return on February 215t, 2023, with a final version of the ordinance, including findings and conclusions for LU 22-0008. Councilor Afghan seconded the motion. City Council Regular Meeting Minutes Page 14 of 20 February 7, 2023 Mayor Buck called for discussion. Councilor Afghan expressed agreement with adopting the recommendations, except that he is concerned about effects of the three exceptions for middle housing, affordable housing, and projects on public property. Those who wish to develop middle housing should comply with current codes. Councilor Corrigan noted her preference for treating everyone the same, mainly to avoid unintended consequences. She asked about the possibility of adopting the ordinance now without the exceptions, but to allow the housing production committee to proceed with their work. If passed now without the exceptions, everyone would be treated the same, and the task force could observe what happens and return with an amended version to add the exceptions, if deemed appropriate. Mayor Buck noted that he views the exceptions as simply optional, certainly not a requirement of anyone. Since zero applications for middle housing have been received to date, he regards concern about impacts of including the exceptions as somewhat unrealistic. Providing this kind of flexibility is consistent with other policies to address the missing housing types needed in the community. Whether it is single-family housing or middle housing, truly impactful aspects, such as floor area ratios, do not change. The objectives are to encourage more diverse housing types and to preserve vegetation, especially significant trees. As proposed, the ordinance addresses both. However, it will not result in creating incentives sufficient to achieve more needed housing. Councilor Verdick indicated she was not completely comfortable with the middle- housing exception, which can allow developers to build and offer multi-million-dollar units. Recognizing the community's need for more diversity in its housing, she opined that can be done without allowing this exception. If the exception were allowed for affordable housing instead, it might be effective in getting more affordable housing into the community. Councilor Wendland expressed mixed feelings, commenting on the extraordinary range of nonconforming structures in the community, some dating back a century or more. As the ordinance is now proposed with the demolition code changes, he expects change to numerous aspects of how building will be done. State leadership is calling for more housing and aggressive plans to achieve it. City Council represents a community that values neighborhoods and unknown potential impacts on neighbors that may not yet be identified. He indicated he would favor approval, without the exceptions, and observe how the State process moves forward. The impact this ordinance would have on middle housing is questionable, but he suggested the City work more strategically to bring in middle and affordable housing. In his view, the Marylhurst and Boones Ferry projects,for example, offer more potential than remodeling million-dollar houses. Councilor Afghan noted concerns about the potential for affordable housing or middle housing to be situated in close proximity to neighbors' property lines. In order to enable construction of affordable/middle housing, he would instead favor financial incentives to support building it. Councilor Mboup touched briefly on a possible alternative to the motion that would exclude middle housing only, though he preferred that all exceptions remain. Mayor Buck reminded his Council colleagues that no applications for the staff-initiated variance option had been submitted to date. The motion now before Council simply provides one small tool for such development, though it may never be used. He sees it simply as offering some measure of flexibility, not having major impact.As such, approval of the ordinance is perhaps a gesture of good faith that incentives will be found. Councilor Rapf expressed his preference for a Lake Oswego that treats everyone the same, regardless of whether they are big or small or have an orientation toward business. If the City wishes to advance affordable or middle housing, the proposed ordinance as worded is not the way to do it. Following additional discussion between Council and staff members, Mayor Buck called for a motion. Councilor Wendland moved to amend Ordinance 2891 by striking 3(a)(v)(1) and 3(a)(v)(4) from Attachment 2 to the Ordinance. Councilor Rapf seconded the motion. A roll call vote City Council Regular Meeting Minutes Page 15 of 20 February 7, 2023 was held, and the motion passed, with Councilors Verdick, Rapf, Afghan, Corrigan, and Wendland voting `aye'. Mayor Buck and Councilor Mboup voted 'no' (5-2). After procedural clarification from Ms. Osoinach, Mayor Buck called for a vote on the motion now before the Council. Councilor Mboup moved to tentatively approve Ordinance 2891 as amended and direct staff to return on February 21,2023,with a final version of the ordinance, including findings and conclusions for LU 22-0008. Councilor Afghan seconded the motion. A roll call vote was held, and the motion passed, with Councilors Verdick, Rapf, Afghan, Corrigan, and Wendland voting `aye'. Mayor Buck and Councilor Mboup voted 'no' (5-2). 11. STUDY SESSIONS 11.1 Fire Department Update This update, pursuant to Council's approved 2023 Goals, addresses implementation of a sustainable business model for the Fire Department that meets the City's 21st Century needs. Chief Johnson noted that this initiative supports the goal of ensuring a safe and secure community. In subsequent Council meetings, he plans to address other issues, perhaps to include the emergency response system, County initiatives underway, and modification of the American Medical Response (AMR) contract for transport. He hopes to offer Council members a learning opportunity with firefighters on duty, where they can gain insight on the variety of daily calls and responses. The current group, he emphasized, is extremely committed, professional, and proficient; he also regards them as the kindest people he has worked with in his 40-year career. Reviewing slides (Presentation - Fire Department Update, p 2-10), he presented an overview of the four fire stations and number of homes receiving emergency, medical, and fire services. Excluding dispatch center costs, the Fire Department provides those services at a rate of about $1.50 per thousand dollars of assessed value; dispatch adds about $.42. The Riverdale, Alto Park, and Lake Grove fire districts typically operate under a five-year contract with the City. The next upcoming renewal is for Riverdale, due in 2024. In response to questions from Mayor Buck, Chief Johnson and Ms. Bennett provided background on the function of those three fire districts as related to the City. Councilor Mboup inquired about the total charge of Lake Oswego's department($1.92 per$1,000 of assessed value), which Chief Johnson compared to nearby fire districts that could provide the services, though at higher rates. Next describing the four fire stations, he noted that all had been seismically retrofitted, except for the living quarters at the South Shore station (No. 212); a grant is being sought for that purpose. Types and capabilities of apparatus housed at each station were outlined, followed by allocations of 52 full-time equivalent staff members and department organizational chart (p 4-5/10). He described conscious efforts to achieve greater department diversity over the past two years. Despite low turnover, with average length of service at 11 years, the past two hiring processes have added people of color to the staff. With a focus on character, the result is not only diversity, but a very productive department. A simplified breakdown of calls in 2022 (p 6/10) was reviewed by category, including response prioritization strategies, focused on productive use of resources. Yearly incident counts (p 7/10) reflected an overall reduction in calls during the Covid pandemic; the latest counts are now in the pre-Covid range of 4,500 to 4,700 calls per year. He highlighted one aspect of managing demand: reducing the number of calls for help with care center residents who have fallen out of bed. With training and other assistance from the Fire Department, care center employees have learned proper techniques, while reducing demand for Department response. In addressing related City Council Regular Meeting Minutes Page 16 of 20 February 7, 2023 questions from Councilor Afghan, Chief Johnson advised that the distribution of calls tends to be throughout the 8:00 a.m.-to-8:00 p.m. period seven days a week, rather than concentrated Monday through Friday as a commuter city might be. Seasonal differences are not significant, he noted, except during significant ice or other storm events. Next, he discussed the component of inspections and plan reviews (p 9/10), starting with the regular licenses, e.g., licensed care facilities, schools, certain medical facilities. At the City's option, some of these inspections may be conducted by the State; however, he prefers that the inspections be done by the Department, as has been the case with his predecessors. The process enables Fire Department personnel to be knowledgeable about the buildings and staff. Starting about 18 months earlier, wildland inspections had begun with Department staff inspecting private properties accompanied by owners. This has been well received, and is regarded as a means of encouraging ongoing self- inspections. Finally, he touched on the revenue/expense components of the budget (p 10/10), including comparable percentages of General Revenue and Personnel Expense. Councilor Afghan expressed high regard for the Fire Department, citing his family's experience in several incidents. He recognized all as caring and courteous professionals, notably the First Responders. Two questions were posed, perhaps for a subsequent meeting: (1) In an instance of disaster, has scenario planning or perhaps tabletop exercise(s) been done by the Department, based on the resources currently available? How would the City react and what impacts on residents would be seen? (2) The statistics provided by the Chief indicate that a majority of responses are related to medical issues, with transport by the Fire Department or AMR. Has there been discussion of how that process might be made more efficient, while maintaining the level of care and concern for the patient? Chief Johnson provided an overview of the City's disaster- response coordination. He estimated that five tabletop exercises had been conducted in the Council Chamber over the past year. In addition, Fire and Police departments conduct their own "tabletops". He would anticipate a study session with Council soon, perhaps in late April. As to AMR transport, he indicated that a recent County study suggests that a pilot study be conducted within Lake Oswego. This will involve careful study and follow-up regarding potential changes under consideration, both from labor and medical perspectives. Councilor Afghan reiterated his concern about the need for seismic upgrades at the South Shore Fire Station. Referring to the slide showing incident count by fire station (p 8/10), Councilor Wendland inquired about the count for Westlake station, showing about double the number for each of the other three stations, though with the same staffing levels. Chief Johnson explained that station assignments are made for about three months, after which there is an opportunity to change stations. Many tend to prefer staying at the assigned station. Mayor Buck thanked the Chief and the Fire Department for their ongoing work in the community, expressing confidence that Lake Oswego residents have higher rates of survival in a cardiac event because of the Department's excellent response time. 11.2 Pavement Management Update Ms. Rooney introduced Mr. Broadus, acknowledging his key role over the past six years of focus on improving the Pavement Condition Index (PCI)of the City's roads. She acknowledged Council members for supporting this goal and the bond funding needed to achieve it. With accompanying slides (Presentation—Pavement Management Update, p 1-21), Mr. Broadus provided background on the program, highlighting the PCI as an industry-standard objective rating tool to measure the condition of a roadway. The 2016 comprehensive score for the City's roads City Council Regular Meeting Minutes Page 17 of 20 February 7, 2023 network as a whole was found to be 68. City Council subsequently set the goal to achieve a PCI of 70 by the year 2021. Projects in support of that goal began in 2018, with additional PCI assessments in 2019 and 2022. The five-year program had concluded in the latter part of 2022. Councilor Afghan inquired about the significance of a two-point improvement. Mr. Broadus differentiated it from a subjective goal, noting that a single point of PCI improvement becomes harder to achieve as the PCI rises. After discussing the staff and third-party providers comprising the project team (p 4/22), he outlined the City's two major approaches for pavement management (p 5-6/22): (1) Preventative maintenance. The chosen treatment, slurry seal, is effective in preserving the current PCI. (2) Rehabilitation, i.e., repaving. Though more costly, this process restores the PCI to a level near 100. Next displayed were graphs illustrating the nonlinear nature of pavement life and degradation (p 7-8/22). In order to maximize PCI, the City's strategy has been a combination of treatments: to address as many roads as possible when preventative maintenance remains viable and to use rehabilitation selectively, as appropriate. Additional slides showed historic data on City PCI (p 9/22)and a map illustrating the scale of this five-year program (p 10/22), which involved 28% of the mileage in the City's roads network. Significant successes were highlighted (p 11/22); notably, the PCI improvement from 68 to 75, with 58 lane miles repaved and 63 lane miles slurry sealed. Nearly 300 curb ramps were upgraded to current compliance levels, and the City established an internal policy to upgrade catch basins within the paving limits. Among other benefits, this extends the life of the storm infrastructure and averts the need to dig into new pavement if older infrastructure were to fail. A series of photographs illustrated examples of pavement restoration, refreshed striping, curb ramp installations, and other improvements at several locations (p 13-16/22). As to program costs, just over $38 million was spent, across nine different construction contracts (p 17/22). The Street Fund was the source of much of the funding, he explained, supplemented with $12.3 million through a bond issued in late 2019 (p 18/22). With bond funding complete, staff is now working on the Capital Improvement Plan (CIP) to be presented soon to the Budget Committee (p 19-21/22). The six-year CIP is proposed at$1 million per year, affording the community a relative break after the recently-completed work. This will provide for minor patching this summer in small areas where it is most needed. In 2024, the plan calls for a package similar to the work done in the last few years, though likely smaller. A key question will be: What effect will this level of investment ($1 million per year) have on the PCI? In related discussion, Councilor Wendland inquired about the funding projections underlying the tentative budget. Ms. Rooney discussed the impact of greater focus on pathways in the coming years and other factors that will preclude larger paving expenditures. Projections for revenue are not yet finalized, but other Street Fund components must also be taken into account. These include electricity for street lights and signals, operation of signals, beautification and related maintenance, signing, and striping. Mr. Broadus noted that about $750,000 each year is also tentatively allocated for addressing the backlog of deficient ADA ramps. Ms. Bennett suggested that, as part of the budget process, staff should articulate for Council the tradeoffs involved in this and other types of capital projects. Ms. Rooney emphasized that their projection represents a worst-case scenario. However, PCI is certain to decline with reduced funding, as is always the case. Councilor Wendland recognized the significant efforts made to achieve the higher PCI, along with ongoing efforts needed to maintain it. He emphasized the positive feedback being heard from citizens, who also consider ongoing improvements to be very important. Councilor Afghan, noting the projected decline in PCI by 2028, asked if the City should assume that another $38 million would be needed to resolve that. If the proposed $1 million was indeed the amount invested annually, the PCI would certainly deteriorate, Mr. Broadus advised. Returning to the graph (p 21/22), he pointed out that the deterioration would likely not be uniform. Rather, roads now rated "Good"will largely remain in that category five years later. More adverse impacts would City Council Regular Meeting Minutes Page 18 of 20 February 7, 2023 be seen in the current "Fair" and "Poor" categories, where more movement downward can be anticipated. He clarified that$25 million will be needed between now and 2027 in the CIP in order to maintain a 75 PCI. In response to questions from Councilor Corrigan about an optimum level of investment, Mr. Broadus discussed related considerations of cost effectiveness. To raise its current level from 75 to 85, for example, the City would be paving many roads that get little traffic or are already in good shape. He indicated there is merit in considering the "feel" of conditions, too. Ms. Rooney cautioned against comparing Lake Oswego roads to those in neighboring municipalities. Lake Oswego's roads are based on what was once rural infrastructure. As annexation has occurred over time, many roads continue to lack curb, gutter, and sidewalk. "Very Poor" and "Poor" ratings tend to be seen on the City's low-volume local residential roads, while arterials are the best in the area. This is a direct result of the choice to undertake this program. In general, it is deemed a better investment as it affects more people, commerce, transit, etc. Next steps to raise the PCI will focus on small roads that need complete reconstruction, particularly those rated "Very Poor". These require considerable work, but have great impact. They may entail additional repair, e.g., to the sewer or water lines. These are challenges that come along with rural infrastructure. Mr. Broadus noted that the PCI segmentation by road classification is much closer to theoretical optimum when local roads are excluded, reflecting the intentional priority given to the City's high-volume roads. Mayor Buck observed that over time PCI has been a primary focus for Council. Staff's reminders about the many related expenditures from the Street Fund may call for more comprehensive consideration of what has and has not been done. Community feedback will help to find a good balance. A more holistic approach that focuses on safety, including roads, but also on pathways, street lights, and other improvements might also be more cost effective. Councilor Rapf commended the work accomplished. Rather than focusing on a metric, he recommended that Council improve residents' lives by finding and repairing deteriorated non-arterial roads. As suggested by Councilor Wendland, Ms. Rooney agreed to provide Council with at least the executive summary for their report. An email to the City's distribution list, he opined, might also help people to understand the challenges, including funding. In a closing comment, Ms. Rooney observed that the Street Fund, unlike other utilities, encompasses a broad range of expenditures; staff may follow up with detail for Council as budgeting moves forward this spring. 12. INFORMATION FROM COUNCIL Mayor Buck highlighted the City's celebration of Black History Month in February, with resources and other information available on the City website and the LO Down newsletter. Listeners were reminded that the public portion of the February 21st City Council meeting would begin at 4:00 p.m. instead of the usual time. 13. REPORTS OF OFFICERS No reports were provided. 14. ADJOURNMENT Mayor Buck adjourned the meeting at 10:10 p.m. Respectfully submitted, City Council Regular Meeting Minutes Page 19 of 20 February 7, 2023 Kari Linder, City Recorder Approved by the City Council on {insert approval date} Joseph M. Buck, Mayor City Council Regular Meeting Minutes Page 20 of 20 February 7, 2023