HomeMy WebLinkAboutApproved Minutes - 2017-01-03 CITY COUNCIL REGULAR MEETING
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January 3, 2017
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1. OATH OF OFFICE
Preceding the regular City Council meeting on January 3, 2017, in the Council Chambers,
380 A Avenue, Judge Shepley administered the oath of office to re-elected Mayor Kent
Studebaker and Councilor Skip O'Neill, as well as to newly-elected Councilors Theresa
Kohlhoff and John LaMotte.
Councilor LaMotte offered thanks to his supporters and the community as a whole. He
expressed thanks also to the Planning Commissioners with whom he had served until recently
and to his wife, Jennifer LaMotte. Councilor Kohlhoff thanked her husband and noted that many
family members and friends had joined her for the meeting. She expressed her commitment to
meeting their high expectations during her term on Council.
Mayor Studebaker invited all present to gather for a short Council reception.
2. CALL TO ORDER
Mayor Studebaker called the regular City Council meeting to order at 7:01 p.m.
3. ROLL CALL
Present: Mayor Studebaker and Councilors Manz, Gudman, LaMotte, Kohlhoff, Buck,
and O'Neill
Staff Present: Scott Lazenby, City Manager; David Powell, City Attorney; Anne-Marie
Simpson, City Recorder; Wm. Bruce Shepley, Municipal Court Judge; Sarah
Selden, Senior Planner; Paul Espe, Associate Planner; Scot Siegel, Planning
and Building Services Director
Others Present: Paden Prichard, Evergreen Neighborhood Association
4. PLEDGE OF ALLEGIANCE
Mayor Studebaker led the Council in the Pledge of Allegiance.
City Council Regular Meeting Minutes Page 1 of 10
January 3, 2017
5. ELECTION OF COUNCIL PRESIDENT
Mayor Studebaker moved to nominate Jackie Manz for President of the Council. Councilor
Gudman seconded the motion.
Mayor Studebaker called for any additional nominations. None were heard.
A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors
Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting `aye'. (7-0)
Mayor Studebaker congratulated Councilor Manz on her election.
6. CONSENT AGENDA— For Full Council Approval
6.1 Approval of Meeting Minutes
6.1.1 November 15, 2016, Regular Meeting
6.1.2 December 6, 2016, Regular Meeting
Motion: Move to approve minutes as written.
Report and Attachments
6.2 Resolution 16-54, A Resolution of the City Council of the City of Lake Oswego
Authorizing the City Manager to Sign an Agreement with the Oregon Electric
Railway Historical Society for Operating Passenger Trolley Service, Maintaining the
Trolleys, and Maintaining the Track and Right-of-Way on the Willamette Shore Line.
Motion: Move to adopt Resolution 16-54.
Report and Attachment
6.3 Resolution 17-04, A Resolution of the City Council of the City of Lake Oswego
Declaring a Public Necessity to Acquire Real Property Interests and Exercise the
Power of Eminent Domain (Boones Ferry Road Project)
Motion: Move to adopt Resolution 17-04.
Report and Memo
Resolution and Property Information 1 - 8
Property Information 9 - 15
City Council Regular Meeting Minutes Page 2 of 10
January 3, 2017
6.4 Library Workroom Renovation Budget Approval and Establishment of a Guaranteed
Maximum Price
Motion: Move to authorize the City Manager to sign an amendment to the contract with
FORTIS Construction, Inc. to establish the Guaranteed Maximum Price of $735,951 for
the library renovation project.
Report and Attachments
END CONSENT AGENDA
Councilor Gudman moved the adoption of the Consent Agenda. Councilor Manz seconded
the motion.
A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors
Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting `aye'. (7-0)
7. CONSENT AGENDA— For City Councilors' Approval
7.1 Resolution 16-56, A Resolution of the City Councilors of the City of Lake Oswego
Approving Appointments to the Development Review Commission
Motion: Move to adopt Resolution 16-56.
Report and Attachment
7.2 Resolution 17-02, A Resolution of the City Councilors of the City of Lake Oswego
Approving an Appointment to the Parks, Recreation and Natural Resources
Advisory Board
Motion: Move to adopt Resolution 17-02.
Report and Attachment
Councilor Gudman moved the adoption of Resolution 16-56 and Resolution 17-02.
Councilor LaMotte seconded the motion.
A voice vote was held, and the motion passed, with Councilors Manz, Gudman, LaMotte,
Kohlhoff, Buck, and O'Neill voting 'aye'. (6-0)
8. CITIZEN COMMENT
® Gary Buford, 415 N State Street
City Council Regular Meeting Minutes Page 3 of 10
January 3, 2017
Mr. Buford described characteristics of the four trees in the right of way in front of his building at
415 North State Street. After describing characteristics of this type of tree, he asserted that it was
the wrong choice for a location along a sidewalk, and is beginning to break up the sidewalk.
In a brief exchange with Mayor Studebaker it was determined that both he and Mr. Buford were
scheduled to attend an upcoming meeting on the topic.
® Ted Ricks, 1633 Maple Street
Mr. Ricks requested that Council prioritize construction of a continuous sidewalk for pedestrians
on the west side of McVey Avenue between State Street at George Rogers Park and South Shore
Boulevard. His concerns included the limited portions of McVey Avenue with a walkable sidewalk
and the need for pedestrians to share the bike path in many portions of this route. Noting that
McVey is one of the city's busiest thoroughfares, he regards this as a safety issue for children
entering and exiting school buses, parents with strollers, people walking and jogging, and also for
bicyclists.
In response to questions from Councilor Manz, he clarified the physical location and expanded
on his concerns about current sidewalk constraints and safety.
8.1 Prior Citizen Comment Follow-Up
Mr. Lazenby updated Council on Staff efforts to assist the individuals living near Barton Road
who had requested City assistance at the previous meeting regarding a drainage problem. Their
properties are outside the City, so Mr. Lazenby had put them in touch with Clackamas County
Administrator Don Krupp. They had already had some discussions with the County about how to
address the problem, Mr. Lazenby reported.
9. PUBLIC HEARINGS
9.1 Ordinance 2726, An Ordinance of the City of Lake Oswego Amending the Evergreen
R-7.5 Overlay District (LOC 50.05.002) to Prohibit Additional Building Height
Allowances and Make Corrections; And Adopting Findings (LU 16-0042).
Report and Attachments
Review of Hearing Procedure
Mr. Powell read the Ordinance title and described the requirements for the public hearing, noting
that this was a legislative decision. He outlined related compliance requirements and then
reviewed the hearing process shown in the agenda, detailing procedures for testimony. He asked
if any City Council member wished to make a declaration related to conflicts of interest. No
declarations were heard.
Staff Report
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January 3, 2017
Ms. Selden explained that Council would be considering the proposal as a recommendation of
the Planning Commission. It was originally brought to the City by the Evergreen Neighborhood
Association, and member Paden Prichard joined her for the presentation.
With an accompanying PowerPoint presentation, Ms. Selden reviewed the background leading
to the proposal. Earlier Community Development Code (CDC) amendments had addressed
issues of compatibility for new infill development in most neighborhoods; included were changes
in building height measurement methodology and certain allowances for projections above the
maximum height. The Evergreen Neighborhood Plan, adopted in 2005, had as its primary
objective the preservation of the neighborhood's single-family residential character. This
character was defined in the Plan (Council Report, Exhibit D). She discussed other Plan
components: the Residential Design Objectives, which articulated the desired residential
character, and policy direction for an amendment to the CDC. Accordingly, the Association had
worked with the City on the amendment, leading to adoption of the Evergreen R-7.5 Overlay
District in 2008. The key provision of the related Code was the modified front setback plane,
which she distinguished from the existing City standard.
Mr. Prichard discussed photographs showing examples of new construction since adoption of
the Overlay. He indicated that most of these illustrated the effectiveness of the Evergreen
Neighborhood front setback plane standard without need for additional permitted height. He next
displayed several examples of new construction that had generated concerns from neighbors
because of incompatibility in the street setting. The use of additional permitted height had
contributed to the result and led to the proposed amendment, he indicated.
Ms. Selden detailed the additional permitted height allowed in all low-density residential zones
as provided in the dimensional area of the existing CDC. It is this provision that would be
prohibited in the Evergreen Overlay District if the Ordinance is adopted, she noted. An additional
minor amendment would delete the redundant street side yard setback in the Overlay, as shown
in the Staff report.
In describing impact of the proposed amendment regarding height, she indicated that there was
not expected to be an adverse effect on living space; if anything, the impact would be on design
flexibility. Further, the Residential Infill Design review process would still be available.
Next she outlined the public involvement process that had begun in about 2014. This had included
a spring 2016 neighborhood survey that indicated strong interest in limiting the roof height of new
homes. Subsequent neighborhood meetings and a neighborhood vote indicated support for the
proposal, and all property owners had been sent notice prior to the Planning Commission hearing
in October.
Outlined in the Staff report are the decision-making criteria, she advised. Several land use
policies in the Comprehensive Plan that are related to implementation of Neighborhood Plans and
preservation of unique neighborhood character are addressed effectively by this proposal. In
concluding, she reported that the testimony presented at the Planning Commission hearing was
all in favor of the amendments. Council was requested to adopt Ordinance 2726 and also to
adopt findings provided (Council Report, Exhibit B-1).
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January 3, 2017
Questions of Staff
Councilor O'Neill asked about the amount of City staff and Planning Commission time spent on
the amendment process, given that only two homes and a minimal height change were involved.
Ms. Selden explained that most of the effort was related to noticing and other preparations for
the public hearings. Although the process had continued over an extended period of time, work
was needed only intermittently. She indicated that the time expenditure was not large.
Councilor Buck asked about applicability of the proposed amendments to houses that had
previously utilized the additional height allowance and were later being rebuilt. Ms. Selden
indicated that a rebuilt home would be required to comply with the amended Code.
Councilor Kohlhoff asked if there had been any indication from a builder or developer that the
amendments would increase the cost of the house and perhaps make it less affordable. Mr.
Prichard indicated that Planning Commissioner Bill Ward had concurred with his own view that
the shallower roof might actually reduce construction costs slightly, potentially resulting in a more
affordable home.
Having served on the Planning Commission through the course of work on this proposal,
Councilor LaMotte expressed concurrence with the recommended adoption. He noted that there
had been questions about the need to define a transition zone in the Evergreen Neighborhood
Plan. He asked if this was an item that should be reviewed by the Planning Commission in terms
of adding guidance for future development in that specific area. Ms. Selden clarified the location;
Mr. Prichard discussed existing height and setback requirements that would address
development there. In brief additional discussion, he noted that no transition zone was identified
in either the Plan or on the City Zoning Map.
Councilor Manz asked if Mr. Prichard considered the additional "roof bump" seen in the slides to
represent a stylistic trend or a desirable feature of future construction. Mr. Prichard noted that
the trend seems to be moving to flatter roofs and he anticipates seeing more of the lower pitches
found in the contemporary styles.
Testimony
Mayor Studebaker called for any testimony concerning the Ordinance.
Carol Radich, 669 Ellis Avenue, testified as Co-chair of the Evergreen Neighborhood
Association. She thanked Mr. Prichard and Ms. Selden for their work on the amendments. She
described the generally positive impacts of the Neighborhood Plan and the Overlay, along with
neighbors'concerns about larger homes and the need for more robust standards. After describing
additional aspects of neighborhood involvement and efforts of Ms. Selden and Mr. Prichard, she
noted that the Neighborhood Association board had unanimously approved the recommended
prohibition of the additional six-foot height allowance. She urged Council to support the change.
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January 3, 2017
Mayor Studebaker asked if anyone else wished to testify on the matter. Hearing no requests,
he closed the public hearing.
Councilor Gudman moved to enact Ordinance 2726. Councilor LaMotte seconded the
motion.
A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors
Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting `aye'. (7-0)
9.2 Ordinance 2728, An Ordinance Annexing to the City of Lake Oswego One Parcel
Consisting of 0.25 Acres at 5495 Tree Street; Declaring City of Lake Oswego Zoning
Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from Certain Districts
(AN 16-0008).
Report and Attachments
9.3 Ordinance 2729, An Ordinance Annexing to the City of Lake Oswego One Parcel
Consisting of 0.95 Acres at 4726 Upper Drive; Declaring City of Lake Oswego
Zoning Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from Certain
Districts (AN 16-0009).
Report and Attachments
9.4 Ordinance 2730, An Ordinance Annexing to the City of Lake Oswego One Parcel
Consisting of 0.34 Acres at 13615 Knaus Road; Declaring City of Lake Oswego
Zoning Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from Certain
Districts (AN 16-0010).
Report and Attachments
9.5 Ordinance 2731, An Ordinance Annexing to the City of Lake Oswego One Parcel
Consisting of 0.5 Acres at 5550 SW Jean Road; Declaring City of Lake Oswego
Zoning Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from Certain
Districts (AN 16-0011)
Report and Attachments
Mayor Studebaker indicated that the four public hearing items would be considered in a
combined format.
Review of Hearing Procedure
Mr. Powell read the titles of the four Ordinances, as shown under Agenda Items 9.2 (Ordinance
2728), 9.3 (Ordinance 2729), 9.4 (Ordinance 2730), and 9.5 (Ordinance 2731), indicating that the
parameters applied to each of the four items. This is a land use request, which involves the
application of the criteria and standards listed in the Staff report (Council Report and
City Council Regular Meeting Minutes Page 7 of 10
January 3, 2017
Attachments). He outlined parameters for the hearing, followed by the hearing process as shown
in the agenda. He asked the Council members if any declarations needed to be made with relation
to ex parte contacts, bias or conflicts of interest. Hearing none, he asked if any member of the
audience wished to challenge any City Council member's right to consider the application; no
challenges were heard.
Staff Report
Mr. Espe discussed the criteria related to each of the four annexation requests, as outlined in the
respective Council Reports and Attachments. He displayed PowerPoint slides that included
applicable zoning maps, annexation criteria, action upon annexation, and anticipated tax revenue
and assessed values for each of the properties. All of the annexations comply with applicable
Metro code and State statutes. Upon annexation the City would receive approximately $2,295 in
tax revenue, he reported. Staff finds that the properties under consideration are within the Urban
Services Boundary and annexation is timely with regard to the public facilities. Staff recommends
approval, he concluded.
Councilor Buck inquired about the significance of the finding related to Parks and Open Space
(Attachment B, p 3 to each Ordinance), noting that over time there would be some collective
impact from annexed properties. Mr. Espe indicated that the City periodically reviews the total
properties that have been annexed to determine the ratios of open space to properties that are
currently within the City; this would dictate the need for acquiring additional public open space.
Mr. Lazenby noted that the City's Parks master plan considers the entire Urban Services area in
guiding decisions about projects, land acquisition, and System Development Charges, regardless
of whether properties are currently in the City or not.
Testimony
Mayor Studebaker called for testimony regarding any of the annexations.
Peter Klaebe, 5438 Tree Street, introducing himself as Co-chair of the Rosewood Neighborhood
Association, spoke in favor of the annexation of 5550 Jean Road. As the condition of the property
has been regarded as a blight on the neighborhood, they are pleased with the annexation.
Johnathan Woolworth, 2213 SE Cochran Drive, Gresham, expressed concerns related to his
experiences as the purchaser of property in Gresham that was developed by Jay Hinrichs, owner
of the property at 5550 Jean Road. He described a variety of unsatisfactory operating practices
of this developer. While he did not oppose the annexation, Mr. Woolworth cautioned the City of
Lake Oswego about issuing any building or other permits to the developer.
Mr. Powell noted that an applicant might submit any rebuttal testimony, if desired.
Curtis Calonder, 5590 Jean Road, introduced himself as owner of a property adjoining the
property at 5550 Jean Road. He stated that his interest was neutral with regard to the annexation,
and that he considered the division of the property as shown in the Staff report to be proper. His
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January 3, 2017
concerns were about aspects of prospective development and compatibility with the existing
housing in the area, specifically as to building height.
At Mayor Studebaker's request, Mr. Siegel described the process that a developer would be
required to follow after annexation. Codes and standards would have to be met, and
neighborhood contact and public notice would be associated with the process, he advised. In
ensuing brief discussion, Mr. Powell noted, with regard to Mr. Calonder's concern about height,
that unless there were a partition or division or the like, a building permit could be issued without
public input. However, height is already set in Code and the zone standards would apply
immediately upon annexation.
Mayor Studebaker asked if anyone else wished to testify. No requests were heard. Following
up on his earlier review of the hearing process, Mr. Powell asked if anyone who had testified
wished to request that the matter be set over for additional testimony. No requests were heard.
Mayor Studebaker closed the public hearing.
Reiterating his earlier instructions regarding an annexation applicant's right to submit final written
arguments in support of the application, Mr. Powell asked if there was any applicant who would
want to submit written argument. No request was heard.
Mayor Studebaker moved to adopt Ordinance 2728 annexing a parcel consisting of 0.25
acres at 5495 Tree Street. Councilor Gudman seconded the motion.
A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors
Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting `aye'. (7-0)
Mayor Studebaker moved to adopt Ordinance 2729 annexing one parcel consisting of 0.95
acres at 4726 Upper Drive. Councilor Manz seconded the motion.
A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors
Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting `aye'. (7-0)
Mayor Studebaker moved to adopt Ordinance 2730, which is annexing 0.34 acres at 13615
Knaus Road. Councilor Kohlhoff seconded the motion.
A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors
Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting 'aye'. (7-0)
Mayor Studebaker moved to adopt Ordinance 2731 annexing one parcel consisting of 0.5
acres at 5550 SW Jean Road. Councilor LaMotte seconded the motion.
Councilor Buck asked for clarification about the responsibility for enforcing the Zone of Benefit
provision (Attachment B, p 3 to each Ordinance). Mr. Espe explained that this is administered
by the Engineering Department. The property owner applies for the Zone of Benefit, and
Engineering would ensure that the payment was made at the time of development.
City Council Regular Meeting Minutes Page 9 of 10
January 3, 2017
A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors
Manz, Gudman, LaMotte, Kohlhoff, Buck, and O'Neill voting `aye'. (7-0)
10. INFORMATION FROM COUNCIL
No information was presented.
11. REPORTS OF OFFICERS
No reports were made.
12. ADJOURNMENT
Mayor Studebaker adjourned the meeting at 8:07 p.m.
Respectfully submitted,
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Anne-Marie Simpson, City Recorder
APPROVED BY THE CITY COUNCIL:
ON ,1- '7 2,01-1
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Kent Studebaker, Mayor
City Council Regular Meeting Minutes Page 10 of 10
January 3, 2017