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HomeMy WebLinkAboutApproved Minutes - 2025-07-01 F� E� O JtL CITY COUNCIL REGULAR MEETING n MINUTES O July 1, 2025 EGce 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 6:18 p.m. on Tuesday,July 1, 2025.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 Mboup, Wendland,Verdick, Corrigan, and Afghan. Councilor Rapf was excused. Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kim Vermillion, Interim City Recorder; Melissa Kelly, Library Director; Paul Espe, Associate Planner; Jessica Numanoglu, Community Development Director; and Kristine Artman, Assistant Fire Chief; Lisa West, Sports Manager, Parks and Recreation. Others Present: Anisha Oruganty, Library Advisory Board; Dave Lintz, OTAK—Senior Project Manager 3. PLEDGE OF ALLEGIANCE Agenda Item 3 was taken out of order and addressed after Executive Session Item 4. 4. EXECUTIVE SESSION City Attorney Osoinach read the guidelines for the Executive Session. The Council met in Executive Session from 4 p.m.to 6:18 p.m. 3. PLEDGE OF ALLEGIANCE Agenda Item 3. was taken out of order and addressed at this time. Mayor Buck led the Council in the Pledge of Allegiance. 5. PUBLIC COMMENT • Ben Adams asked Council to declare the cell tower at Lake Ridge High School to be non-legally non- conforming, require Verizon's application to be processed as a new facility, enforce retroactive compliance with Ordinance 2148, and require a full zoning review.The City's inconsistent enforcement of land use rules, permitting a telecommunications tower without proper public notice or review while imposing stringent design and use restrictions on his nearby historic home, had City Council Regular Meeting Minutes Page 1 of 10 July 1, 2025 negatively affected his property value. • Mike Kehoe thanked the City for including pickleball play time at the Lake Oswego Recreation and Aquatic Center(LORAC) and urged Council to determine how to install courts in Lake Oswego. Lake Oswego prides itself on being a sustainable city, so it should demonstrate that by installing courts to prevent players from driving to other cities and to support local Lake Oswego businesses. • Cynthia Johnson (via Zoom) appreciated the Disability Pride Proclamation on the agenda and looked forward to continued and swift progress by the City of Lake Oswego in making the community work for everyone, including those with temporary and permanent disabilities, by implementing the City's ADA plan, increasing interactive online and in-person hybrid events, and building accessible housing. 6. PRESENTATIONS 6.1 Proclamation—Disability Pride Month Mayor Buck proclaimed July as Disability Pride Month in Lake Oswego.The signed proclamation was made available on the City's website. 6.2 Proclamation—National Parks and Recreation Month Mayor Buck proclaimed July as National Parks and Recreation Month in the City of Lake Oswego.The signed proclamation was made available on the City's website. 6.3 Lake Oswego Tennis Center's Special Olympics Program Parks and Recreation Sports Manager West presented an update on the Special Olympics Tennis Program the only such program in Oregon, which had completed its 21st year in May.This year, 23 athletes and 25 volunteers participated, and the program received national attention through an article in Parks& Recreation Magazine.The City donated Staff and court time, so the program could operate and Staff heard from athletes how important the program was to them and from families how much it was appreciated.The program demonstrated the transformative power of sports as it aligned with the City's mission to build community and enrich lives. She played a short video showing how the program created an environment where people could thrive, with a focus on mental health, sportsmanship, and teamwork. Mayor Buck acknowledged people in the audience from the program,thanking them for the work they were doing to build community and athleticism. 6.4 Youth LAB Members Survey to Teens Update Library Director Kelly introduced Anisha Oruganty,who had developed and distributed the survey and analyzed its results in preparing for tonight's presentation. Other Library Advisory Board (LAB) members were in attendance, Anisha Oruganty, LAB Youth Member and a Lake Oswego High School Junior, presented via PowerPoint the results of a survey of 6 to 12 grade students about how youth envision an improved public library. The 355 responses revealed that students wanted a library that felt more welcoming, modern, and relevant to their needs. Key priorities included environment, atmosphere, seating, amenities, City Council Regular Meeting Minutes Page 2 of 10 July 1, 2025 technology, accessibility, and academic support. Students suggested brighter spaces with natural lighting, greenery, flexible seating, 3D printers, recording equipment,tutoring, test prep, cultural programs, and food options. The presentation included images of other area libraries that incorporated features aligned with teen library goals. Oruganty and Kelly responded to questions from Councilors as follows: • Many of the short-term ideas expressed in the survey could be implemented in the current library. Puzzles, board games, and workshops with local mentors, were easy and quick changes that would make a big difference. Ideas such as lighting for different sensory backgrounds were also important. • The Library Staff was talking about the short-term ideas and were pleased that Ms. Oruganty and her fellow student board member were able to reach out to youth and receive so much feedback to help the Library improve services in the long and short term. • The Library had worked with the School District during the Library Visioning Process by sending out information through District channels to get student feedback. However, having a teen take the reins with a student survey resulted in significantly more feedback. Councilors complimented Oruganty on her work, noting youth involvement was a powerful tool for gathering feedback and could help engage parents as well. The student-led survey and presentation were examples of how advisory boards could benefit from youth participation.The research on other local libraries was valuable and helped the City determine whether its facility aligned with regional standards, highlighting the need for more space and a dedicated teen area. Councilors valued youth perspectives in understanding how different generations used the library. 7. CONSENT AGENDA 7.1 WO 362, Meadowlark and Tree Top Pathway,A Public Improvement Contract with Turney Excavating, Inc. in the amount of$891,678. 7.2 Approval of the City Council Meeting Minutes 1. April 15, 2025, Draft Regular Meeting Minutes 2. May 6, 2025, Draft Regular Meeting Minutes 3. May 20, 2025, Draft Regular Meeting Minutes Councilor Mboup moved to adopt the Consent Agenda. Councilor Corrigan seconded the motion.A voice vote was held, and the motion passed,with Mayor Buck and Councilors Mboup,Wendland, Verdick, Corrigan, and Afghan voting'aye', (6-0). 8. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 9. PUBLIC HEARING 9.1 Ordinance 2958,An Ordinance Annexing to the City of Lake Oswego One Parcel Consisting of 0.44 acres at 5450 Kenny Street; Declaring City of Lake Oswego Zoning of R-10, Pursuant to City Council Regular Meeting Minutes Page 3 of 10 July 1, 2025 LOC 50.01.004.5(a-c); and Removing the Territory from Certain Districts(AN 25-0001). 9.2 Ordinance 2961,An Ordinance Annexing to the City of Lake Oswego One Parcel Consisting Of 0.55 Acres At 6210 Lakeview Blvd; Declaring City of Lake Oswego Zoning of R-10, Pursuant to LOC 50.01.004.5(A-C); and Removing the Territory from Certain Districts(AN 25-0002). City Attorney Osoinach reviewed the hearing procedures and asked Councilors if they wished to declare any financial conflicts of interest. None were heard. Associate Planner Espe noted the annexations on Kenny St and Lakeview Blvd were subject to Resolution 19-59,the City's policy discouraging the destruction of natural resources, including significant trees, prior to annexation. He presented the Council reports for Ordinances 2958 and 2961 via PowerPoint, reviewing each property's current County zoning and future City Comprehensive Plan and Zoning designations, and their access to public sanitary sewer and water services. At the Kenny Street site visit (Ordinance 2958), Staff observed five large Douglas fir trees had been removed from the property, which appeared to be done only for future development as many trees remained on the property. At the Lakeview Blvd site (Ordinance 2961), six trees had been removed prior to the annexation application. Because the condition of the trees could not be evaluated prior to removal, Staff assumed they were in Fair to Good condition. One Oregon white oak was subject to Resolution 19-59. In both cases, Staff advised the Applicants to submit a Type II County Tree Removal Certification application to comply with the City's annexation policy. Photos of both properties showed the site conditions and skyline views before and after the trees' removal with limited changes in each neighborhood's skyline views. Staff's Findings for each annexation application concluded that the Type II Criteria 2 and 3 were met, but more information was needed about the Kenny Street property to determine compliance with Criterion 1,which addressed the reason for the removal, because the Applicant's submitted site plan in Exhibit A2 did not provide a specific development plan allowable under the base zone. • At the Lakeview Blvd property, Criterion 1 could have been met since the trees were not deemed Significant and with specific information about the driveway repair on the property's west side. Staff recommended approval of the annexations in Ordinances 2958 and 2961 requiring a 1:1 tree mitigation planted with native species to be completed prior to final building inspection. Mayor Buck opened the public hearing on Ordinance 2958, 5450 Kenny Street,confirmed there was no public testimony,and closed the public hearing. Mayor Buck opened the public hearing on Ordinance 2961, 6210 Lakeview Blvd, confirmed there was no public testimony,and closed the public hearing. Espe responded to questions from Councilors as follows: • The trees on the Kenny Street property were removed by the Applicant, with five trees cut and the stumps found on site. Another tree may have fallen in a storm, but it was not included in the City Council Regular Meeting Minutes Page 4 of 10 July 1, 2025 removal list. On the Lakeview property,the Applicant acknowledged removing six trees to rebuild a driveway and remodel the home. • The building location line shown on the Kenny Street application was not legally binding as it was drawn based on the current base zone setbacks.The Applicant originally planned to divide the property into two dwellings but could not meet the 10,000-square-foot lot size requirement and instead proposed building one large house. • Staff observed evidence of the tree removal on Kenny Street during a March site visit, but the exact date of removal was unknown. For the Lakeview site,the date of removal was also unknown;the Applicant stated the trees were cut to allow for driveway work and remodeling. Mayor Buck commented that Resolution 19-59 was in place to discourage removal of trees prior to annexation to avoid the typical public input that would go into a Type II tree application, including public comment and the appeal process.The applicants were getting a short process,with a City Council decision and no community process or appeal. He supported elements of the resolution that required enhanced mitigation,the restoration fee, and covenants to ensure the health of the mitigation trees, as a way to allow annexation,while making it clear the City discouraged this kind of behavior. Espe confirmed that eliminating the three-year waiting period but keeping in place the monitoring period would not prohibit development from moving forward. Councilor Corrigan commented that this was premeditated destruction of canopy before joining the city, and those who wished to join should live by the same rules as those already living in Lake Oswego. The remaining trees on surrounding properties did not compensate for the loss, and neighbors likely felt the same way.There should be consequences to prevent others from following this example. Councilor Mboup asked if the houses in County had less value than houses in Lake Oswego. Community Development Director Numanoglu replied that, anecdotally,the more affordable housing in the area was in unincorporated areas. Councilor Mboup believed there should be consequences, but the annexations should be allowed. Numanoglu commented that Resolution 19-59 did not prohibit tree removal but stated that if trees were removed and would not have met the tree removal criteria,the annexation policy would apply. If the City could determine that the property owner had established circumstances that would have warranted issuance of a tree permit,the policy might not have applied at all.To support this,the City offered a program to County residents called the County's Tree Certification, which allowed them to document and certify tree removal before taking down trees. While the City did not issue permits in the County,the program provided peace of mind to property owners that when they later annexed, they could demonstrate compliance with the policy. In these cases, both applicants had completed the certification retroactively,which made the process more difficult because it had to be done forensically. While not common, some residents had used the program. Councilor Verdick concurred with Mayor Buck and Councilor Corrigan. Tree policies and a process were in place, including community input. Because the process was not followed,the City would never know whether some or all the trees might have been preserved. Councilor Afghan commented that he could not determine whether this was intentional or just happened to be this way and had to rely on Staff's forensic investigation. The City had to set a City Council Regular Meeting Minutes Page 5 of 10 July 1, 2025 precedent. Mayor Buck moved to enact Ordinance 2958 and applying as conditions of approval, Section 4, Subsections A, C, D, E, F and G of Resolution 19-59. Councilor Mboup seconded the motion. Councilor Wendland commented that the City did not know whether the timing was intentional but supported Staff's recommendation of annexation with conditions. He confirmed the applicants had not clear cut their properties and that the only portion missing was the public comment period, since the applicants likely would have been allowed to remove the trees with permits. Espe responded that unlike a typical tree and building permit review, this case involved a generalized building area based on setbacks, not an actual proposed footprint. Councilor Wendland confirmed with Espe that 99 percent of new development extended to every setback and said the applicants should be given the benefit of the doubt. Perhaps this would send a message that people need to fill out the form before, and word would get out. The three-year delay in Resolution 19-59 was a reaction to clear cutting. Mayor Buck agreed and said if it had been a clear cut, the Council would be looking at it differently. Councilor Wendland added that some of the County homes had small houses with trees on site for a long time, and future larger structures would add to the City's assessed value and tax base. A roll call vote was held, and the motion passed,with Mayor Buck and Councilors Mboup,Wendland, Verdick, Corrigan, and Afghan voting'aye', (6-0). Mayor Buck moved to enact Ordinance 2961 and applying as conditions of approval, Section 4, Subsections A, C, D, E, F and G of Resolution 19-59. Councilor Verdick seconded the motion. Councilor Wendland confirmed the same conditions applied to the trees removed and the removal was in the confines of where the house and driveway would most likely be. A roll call vote was held, and the motion passed,with Mayor Buck and Councilors Mboup,Wendland, Verdick, Corrigan, and Afghan voting'aye', (6-0). 9.3 Ordinance 2963,An Ordinance Annexing to the City of Lake Oswego One Parcel, Consisting of 0.42 Acres at 16284 Bonaire Avenue; Declaring City of Lake Oswego Zoning of R-7.5 Pursuant to LOC 50.01.004.5(A-C); and Removing the Territory from Certain Districts (AN 25-0004). City Attorney Osoinach reviewed the hearing procedures and asked Councilors if they wished to declare any financial conflicts of interest. None were heard. Associate Planner Espe reviewed the property's location, current and future plan and zone designation, sanitary sewer and water supply. Staff found that the property was within the urban services boundary and public services could be provided in a timely, orderly, and efficient manner and recommended approval of the proposed annexation. Mayor Buck opened the public hearing, confirmed there was no public testimony, and closed the public hearing. Councilor Wendland moved to enact Ordinance 2963. Councilor Corrigan seconded the motion.A voice vote was held, and the motion passed,with Mayor Buck and Councilors Mboup,Wendland, Verdick, Corrigan, and Afghan voting'aye', (6-0). City Council Regular Meeting Minutes Page 6 of 10 July 1, 2025 9.4 Resolution 25-34,A Resolution of the Lake Oswego City Council,Acting as the Lake Oswego Public Contracting Review Board Pursuant to ORS 279A.060,Adopting Findings and Approval for a Special Procurement for Professional Services, Exempting the Contract from Competitive Solicitation and Using the Construction Manager/General Contractor(CM/GC) Method for a Potential New South Shore Fire Station City Attorney Osoinach reviewed the hearing procedures and asked Councilors if they wished to declare any financial conflicts of interest. None were heard. Assistant Fire Chief Artman reviewed the history of the South Shore Fire Station project, noting positive community response to the feasibility of a future bond. In December,the Fire Department would present the cost and feasibility analysis to Council and request guidance on moving forward with a May 2026 bond measure.The City had used the construction manager/general contractor(CMGC) model for past projects and believed it was appropriate for this project due to its technical complexity. The Council report recommended adopting the resolution to authorize a special procurement process,with findings listed in Exhibit A. Staff believed this process would result in time and cost savings and allow for value engineering throughout the project. Mayor Buck opened the public hearing, confirmed there was no public testimony, and closed the public hearing. Councilor Corrigan asked for an example of how value engineering could come into play if the City went with the CMGC model. OTAK Senior Project Manager Lintz replied value engineering was a process by which the general contractor and the architect and the owner's representative and the owner all worked together to decide on things that could be done more efficiently and for less cost. It was a proposition where a product was changed for better value. Councilor Wendland commented that if the City brought the cost down through value engineering, it should also bring the value up front to align the scope with what the City could afford. While he supported the process, he believed the City should set a reasonable budget based on what polling showed voters would support,to ensure the bond passed and taxpayers got the best possible outcome for the least amount of money. Lintz commented that Councilor Wendland had been speaking to target value design, where a budget was set and the project was shaped to meet it in every way.That process required decisions about scope based on what the budget allowed and used value engineering tools to make adjustments. By bringing in the CMGC early,the team had the benefit of real numbers reflecting the market, supply chain, and tariffs, and the CMGC would help determine systems and materials to stay within budget. He stated there had been no better way to reach target value design than through the CMGC process, which avoided change orders and facilitated cooperation in finding solutions, answers, and prices. Mayor Buck commented that the City would be looking at how the community had responded to the survey and how they had prioritized different aspects of the station. The City needed to design to a certain budget and focus on what was most important for the people who would be working at the station and the neighbors. Lintz replied that people often liked to add more than they needed.The building was a tool in the hands of the firefighters, and the City needed to build a tool that fit the hand for the price it could afford. Councilor Afghan asked for more clarity on OTAK's role and the function of the CMGC. Lintz explained City Council Regular Meeting Minutes Page 7 of 10 July 1, 2025 that OTAK was the owner's representative, acting as the City's agent to manage the architects and contractors and protect the City's interests.The CMGC was the builder,with the term coming from the American Institute of Architects contract language. Under this structure,the owner hired an architect and a CMGC, and the three worked together to define the scope, schedule, and budget. One of the key differences from design bid build was that the CMGC process was just as competitive,with contractors bidding their fee and general conditions as part of the proposal. OTAK had managed a project in Tigard where eleven general contractor proposals were received, reflecting a highly competitive market. Once hired,the CMGC bid out all the work such as carpet, drywall, ceilings, and lighting to the market, resulting in at least 95 percent of the work being competitively bid. Because the CMGC's fee was protected,they remained cooperative and on the owner's side. Councilor Afghan confirmed the resolution before Council was for a special procurement of the CMGC, not OTAK, and asked how the City had selected OTAK as its owner's representative. Lintz explained that OTAK had been selected from the City's competitive database after applying to be on the price agreement list and was working under a limited contract. OTAK's role was to support the City through conceptual design and the December hearing to help size the budget.After that, OTAK would enter a competitive process to manage the project following acceptance of the bond. Councilor Afghan asked what the CMGC's incentive would be to reduce cost, given that their general conditions, overhead, and profit were fixed based on an unknown scope that could vary by several million dollars. Lintz explained that the CMGC's fee was protected, and while it was based on total construction cost, their incentive was to perform well in order to secure future work with both Lake Oswego and OTAK, which managed many projects throughout the region.The combined influence of OTAK and the City made it in the CMGC's interest to cooperate and help deliver the best value, and they had no interest in running up the cost of the job. Mayor Buck commented that Lake Oswego had had good luck in the past with the CMGC process on other large, complex projects. Lintz said the fire station involved a combination of complexity, including communications, response time, and related factors. Mayor Buck added that there was construction risk with the design bid build process, and the CMGC model mitigated some of that risk. Councilor Verdick moved to adopt Resolution 25-34. Councilor Mboup seconded the motion.A voice vote was held, and the motion passed,with Mayor Buck and Councilors Mboup,Wendland,Verdick, Corrigan, and Afghan voting'aye',(6-0). Lintz commented that bringing in the general contractor as early as possible meant the greatest benefit from their advice, counsel, and pricing. Decisions would be made based on that pricing which OTAK had access to virtually day to day. 10. INFORMATION FROM COUNCIL Councilor Verdick reported that on Friday, most members of the Library Advisory Board toured three or four different libraries in the area to see what was out there and what was being done, helping to educate the Board about what was possible.Although she was unable to join them, she was excited they took the extra time to go out and do that research themselves. Councilor Afghan commented that the City welcoming 20,000 visitors over the holiday weekend reflected its vision of being inclusive and open to all. In addition, many residents had reached out to express concern for him during the recent Middle East crisis, which made him feel welcomed, included, City Council Regular Meeting Minutes Page 8 of 10 July 1, 2025 and valued as part of the community. Councilor Mboup had spoken at the Juneteenth Celebration, which had been an excellent, well- organized event. Lake Oswego valued different cultures and was welcoming, but was also responsible and followed the law, which was why lake access was closed on the Fourth of July. Mayor Buck noted that when the prohibition on lake access was lifted, it gave the City Manager and Parks Director the ability to temporarily close access for public safety, construction, and special events. The City had decided to temporarily close lake access over the Fourth of July weekend to keep people safe since it was the busiest weekend for police, fire, and parks, with every available resource already working.This was the first year of public access, and it would be evaluated each year. While some may assume the closure was an attempt to limit access, Council had supported public access and provided resources to facilitate it, while trusting staff to use good judgement. Mayor Buck reported that at last night's Lake Oswego School District Board meeting, the School Board joined the City in approving a tax exemption for Hacienda CDC's El Nido affordable housing development on Boones Ferry Road, providing the project with a full tax exemption. The City thanked the School Board for their continued partnership. The Board expressed a strong desire to continue partnering with both low-income housing providers and the City in providing services, especially to the children living at the developments. 11. REPORTS OF OFFICERS City Manager Bennett noted that the library and City Hall would be closed on the Fourth of July. The LORAC would be open on a reduced schedule. In addition to the expected 10,000 parade visitors, a fairly substantial protest was anticipated at Sundeleaf Plaza. Delays downtown should be anticipated. 12. EXECUTIVE SESSION City Attorney Osoinach read the parameters for the Executive Session. Mayor Buck adjourned the broadcast portion of the meeting at 8:00 p.m. Council moved into the Council Workroom to convene the Executive Session. 13. ADJOURNMENT, CITY COUNCIL Mayor Buck adjourned the City Council Meeting at 8:43 p.m. Respectfully submitted, Laural Hawkins, City Recorder City Council Regular Meeting Minutes Page 9 of 10 July 1, 2025 Approved by the City Council on October 21, 2025. Jo ph M. uck, Mayor City Council Regular Meeting Minutes Page 10 of 10 July 1, 2025