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HomeMy WebLinkAboutApproved Minutes - 2017-09-05 1,A E O� Os�i CITY COUNCIL REGULAR MEETING MINUTES 1U rO September 5, 2017 GREGO� 6. CALL TO ORDER Mayor Studebaker called the regular City Council meeting to order at 5:04 p.m. on September 5, 2017, in the City Council Chambers, 380 A Avenue, following recess for the Redevelopment Agency Board executive session (Agenda Item 5.). 7. ROLL CALL Note: The roll call was conducted immediately after the City Council reconvened following its executive session (Agenda Item 8.). Present: Mayor Studebaker and Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte Staff Present: Scott Lazenby, City Manager; David Powell, City Attorney; Anne-Marie Simpson, City Recorder; Bonnie Hirshberger, Citizen Information Specialist; Larry Goff, Fire Chief; Crystal Shum, Boones Ferry Road Project Manager; Erica Rooney, City Engineer; Bruce Powers, Park Analyst/Project Manager; Jeff Munro, Parks Superintendent; Megan Big John, Parks Maintenance Crew Leader; Paul Espe, Associate Planner; Scot Siegel, Planning and Building Services Director Others Present: Brad Theurer, Landscape Architect and Project Manager with Mackenzie 8. RECESS TO RECONVENE IN CITY COUNCIL EXECUTIVE SESSION: Under authority of ORS 192.660(2)(e)to conduct deliberations with persons designated to negotiate real property transactions, and (2)(f) to consider information or records that are exempt by law from public inspection. Mr. Powell reviewed the statutory basis for entering executive session and outlined the parameters. The City Council met in executive session beginning at 6:02 p.m. and ending at 6:40 p.m., following adjournment of the Redevelopment Agency executive session (Agenda Item 5.). Note: Agenda Item 9. pertained to the Redevelopment Agency meeting. City Council Regular Meeting Minutes Page 1 of 14 September 5, 2017 10. RECONVENE IN OPEN SESSION Mayor Studebaker reconvened the Council in open session at 6:47 p.m., following adjournment of the Redevelopment Agency Board meeting (Agenda Item 9.). 11. PLEDGE OF ALLEGIANCE Mayor Studebaker led the Council in the Pledge of Allegiance. 12. PROCLAMATION 12.1 Safe, Caring, and Respectful Community Proclamation Mayor Studebaker read a proclamation signed by all City Council members reaffirming their commitment to ensuring a safe, secure, and respectful community. 13. PRESENTATION 13.1 Video Contest Winner Awards Mayor Studebaker announced winners of the City's first video contest, calling all forward as their videos were presented: honorable mention to Matthew Symonds; third place to Erica Chiang, Megan Chiang, Nico Johnson, and Ellie Johnson; second place to Avery Jett and Lexi Jett; and first place to Wilson Godfrey and Zach Jett. Awards were presented to each by Councilors Buck and LaMotte. 14. CONSENT AGENDA— For Full Council Approval Motion: Move to adopt the Consent Agenda. 14.1 Approval of Meeting Minutes 14.1.1 June 20, 2017, Regular Meeting Minutes 14.1.2 July 5, 2017, Regular Meeting Minutes 14.1.3 July 18, 2017, Regular Meeting Minutes Motion: Move to approve the minutes as written. Report and Attachments 14.2 Purchase of Pierce Velocity PUC Pumper NH657 Fire Engine City Council Regular Meeting Minutes Page 2 of 14 September 5, 2017 Motion: Move to authorize the purchase of one new Pierce Velocity PUG Pumper NH657 Fire Engine from Pierce Manufacturing, Inc., by means of FireRescue GPO, a program of NPPGov. Report and Attachments 14.3 Purchase of Precision Weld 22' Rescue Boat and Trailer Motion: Move to authorize the purchase of one new Precision Weld 22' Rescue Boat and Trailer from Precision Weld Boats, Inc. Report and Attachment 14.4 Resolution 17-53, A Resolution of the City Council of the City of Lake Oswego Declaring a Public Necessity to Acquire Real Property Interests at 16140 and 16650 Boones Ferry Road and Exercise the Power of Eminent Domain (Boones Ferry Road Project) Motion: Move to adopt Resolution 17-53. Report and Attachments 14.5 Contract Amendment for Pre-Design of Marylhurst Pump Station —WO 238 Motion: Move to authorize an amendment to an existing Pre-Design Personal Service Contract with Murraysmith, Inc. (formerly Murray, Smith & Associates, Inc.), Engineers/Planners, to provide additional design, permitting and construction phase services for the Marylhurst Wastewater Pump Station Replacement Project, Work Order 238, in the amount of$430,424.00. Report 14.6 Resolution 17-52, A Resolution of the City Council of the City of Lake Oswego Initiating Proceedings to Vacate Portions of the Right-of-way for Boones Ferry Road, Kruse Way, and Kruse Way Place and Authorizing the City Recorder to Give Notice of a Public Hearing. Motion: Move to adopt Resolution 17-52. Report and Attachment 14.7 Resolution 17-49, A Resolution of the City Council of the City of Lake Oswego Approving the Appointment of the Public Art Committee Chair Motion: Move to adopt Resolution 17-49. Report and Attachments City Council Regular Meeting Minutes Page 3 of 14 September 5, 2017 14.8 Boones Ferry Road Annexation Agreement Motion: Move to authorize the City Manager to sign an annexation agreement between the City and the owners of properties located at 16524, 16552 and 16556 Boones Ferry Road substantially in the form presented. Report and Attachment END CONSENT AGENDA Councilor LaMotte moved to adopt the Consent Agenda. Councilor Gudman seconded the motion. Councilor Manz requested clarification of the planned travel to Wisconsin by City Fire Department staff for inspection of the new fire engine (Agenda Item 14.2). Chief Goff indicated that two Department representatives would conduct inspections at two different points in the production process: once prior to painting and the other a final inspection prior to shipment. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte voting 'aye'. (7-0) 15. ITEMS REMOVED FROM THE CONSENT AGENDA No items were removed from the Consent Agenda. 16. CONSENT AGENDA— For City Councilors' Approval 16.1 Resolution 17-47, A Resolution of the City Councilors of the City of Lake Oswego Approving Appointments of Youth Members to Advisory Boards Motion: Move to approve Resolution 17-47. Report and Attachment END CONSENT AGENDA Councilor Manz moved to approve Resolution 17-47. Councilor O'Neill seconded the motion. A voice vote was held, and the motion passed, with Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte voting 'aye'. (6-0) 17. CITIZEN COMMENT ® Wendelin Russell, 4340 Botticelli Street City Council Regular Meeting Minutes Page 4 of 14 September 5, 2017 Ms. Russell clarified and amplified neighbors' and neighborhood/homeowners' association views on issues discussed in the Botticelli striping update (Council Report, Agenda Item 18.4). She reminded Council of several neighbors' comments at the June 14 Transportation Advisory Board (TAB) meeting;their concerns included the lack of a bike study and the excellent bike lane already serving the area on Jefferson Parkway. The parking provided for condominiums in her association is ample, she indicated. It is the overflow parking from various community events nearby that creates difficulty for the Botticelli residents, and they want the street parking to be preserved. • Brian Rockwell, 4342 Botticelli Street Mr. Rockwell emphasized the need to keep the on-street parking on Botticelli because of a lack of reasonable alternatives for residents'visitors during events in the area. He noted that TAB had voted unanimously to retain the on-street parking and to defer the bicycle lane striping, and he asked Council to take that into account. • Frank Forward, 4312 Botticelli Street Mr. Forward discussed the difficulty facing residents who wished to host family gatherings with elderly guests. He reported that he had seen very few bike riders in his 16-plus years living on Botticelli, and it made no sense to eliminate the on-street parking that is used consistently. • Lynne Rockwell, 4342 Botticelli Ms. Rockwell noted that, as a long-time resident with a clear view of the street, she had never seen a bicyclist ride up the hill; any children would walk their bicycles. A much broader range of people was concerned about the impacts of eliminating on-street parking, she indicated. Further, the unanimous TAB vote against recommending the bike lane had included two avid cyclists. • Charles Ormsby, 170 SW Birdshill Road, Portland 97219 Mr. Ormsby indicated that he had submitted written testimony regarding a variety of issues. A primary concern is the lack of understanding about how the physically handicapped get around the city. He touched on public transit issues, including extended travel times, pedestrian access difficulties, and lack of related communications, along with several other items for the Council's awareness. 17.1 Prior Citizen Comment Follow-Up No follow-up on prior Citizen Comment was presented. Note: This item was addressed following Agenda Item 20. 18. COUNCIL BUSINESS 18.1 Contract Award for Construction Management Services for WO 183 - Boones Ferry Road Improvements Project City Council Regular Meeting Minutes Page 5 of 14 September 5, 2017 Report and Exhibit Ms.Shum, accompanied by Ms. Rooney, asked Council to award the personal services contract for pre-construction contract management services to Otak, as discussed in the Council Report and Exhibit. She highlighted the importance of Otak expertise as the project moves forward in the pre-construction and construction phases; Otak brings experience with Oregon Department of Transportation (ODOT)/federally-funded projects, as well as with major projects in urban areas. Together with additional complexities related to the many businesses located within the very compact project area, Staff recognizes that requirements for this project differ significantly from the largely self-funded projects managed by the City. Key components of the pre- construction services were described: (1) development of staging plans; (2) constructability review; and (3) assistance with pre-qualifying of contractors, which will help to ensure that costs are minimized and the project runs on schedule. The construction phase is scheduled to begin in the summer of 2018. Council was requested only to award the contract for pre-construction contract management services at this time. However, Ms. Shum noted that Staff would return at a date nearer to the start of construction to request award of a separate two-year contract for the construction phase (Council Report, p 2). Mayor Studebaker asked if Staff had inquired about issues related to an Otak project in the Tillamook area. Ms. Shum reported that they had reviewed the situation and had been satisfied with the way Otak had addressed the issues, expressing confidence that they would work in partnership with the City of Lake Oswego. Councilor Manz asked if the Otak role would be comparable to project management functions that had been provided by Brown and Caldwell in the Lake Oswego-Tigard Water Partnership, particularly with respect to regular reporting. Ms. Shum indicated that Otak would be generating a significant amount of information for Staff. A key role on the project team would be taken by Katy Kerklaan, Citizen Information Specialist, who would ensure that necessary information is provided to the public. Staff would also be available to provide regular updates to the Council, Ms. Rooney added. Responding to Councilor LaMotte's questions about City staff time allocated for the project, Ms. Rooney indicated that approximately 75% of Ms. Kerklaan's time would be dedicated to it, while Ms. Shum would be working full time. Councilor LaMotte commented on the more significant cost of construction-phase Otak services, i.e., $2.6 to $3.0 million. He emphasized the need for Council to receive data to support the services proposed in that second contract, including work to be performed, time, and costs. Ms. Shum assured him that detailed data would be provided at the time Council was asked to award that contract, nearer to the start of construction. Councilor Gudman expressed concern about reports around the region of significant additional costs incurred because of requirements related to state and federal projects, with no perceptible value added. Ms. Rooney differentiated the Boones Ferry Road project as something of a "hybrid" in the view of ODOT. The City could expect to see the benefit of very thorough and consistent documentation with the project, she indicated. To this point Staff has found ODOT to be reasonable in administering requirements, and perhaps less restrictive than seen on a fully federally-funded project. She indicated that Staff would be mindful of Councilor Gudman's point. City Council Regular Meeting Minutes Page 6 of 14 September 5, 2017 Councilor Gudman moved to award a personal services contract to Otak to provide Pre- Construction Phase Construction Management Services for the Work Order 183 - Boones Ferry Road Improvements project fora not-to-exceed amount of$152,212. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte voting 'aye'. (7-0) 18.2 Resolution 17-34, A Resolution of the City Council of the City of Lake Oswego Adopting the Woodmont Natural Park Master Plan Report and Attachments 1 -4 Attachment 5 Mr. Lazenby introduced Mr. Powers and described his responsibility for parks planning and coordination. Mr. Powers provided background leading to the 6.8-acre park project, as discussed in the Council Report. He emphasized that the project has been guided by deed restrictions agreed upon for the City's purchase of the property from the late Donald Meyer in the late 1990s, as well as by an extensive community outreach process. The proposed improvements focus on (1) removal of invasive plant species, (2) increased visibility and circulation, (3) accessibility, (4) preservation and enhancement of the site's ecological health, and (5) enhancement of the view corridors. Another focus was to provide passive recreational uses. Discussing the role of the public advisory committee (PAC), which included City staff members, he outlined the community outreach activities that had led to identification of five areas of focus for the park: flexible open spaces, natural open spaces, an oak savanna, enhanced wetlands, and enhanced forest. The process had informed the Master Plan as presented (Council Report, Attachment 5). Mr. Powers reviewed elements of the overall Plan, including the proposed parking, pathways, play areas, and wetlands enhancements. With the assistance of Mr. Theurer, he pointed out the related locations on a PowerPoint slide (Illustrative Concept Plan, Attachment 2) and the consideration given to deed restrictions, public input, and site factors. Retention of the natural character was a guiding principle, as conveyed in the Council Report. In concluding his report, Mr. Powers noted that the PAC had been proactive and the public outreach process had been very effective. In addition to PAC approval, the Master Plan had unanimous support of the Forest Highlands Neighborhood Association board, and Staff therefore asked that Council adopt the Master Plan. He pointed out that the boardwalk currently included in the Plan would likely be eliminated or replaced by a soft-surface trail alternative in the schematic design phase of the project. This change was based on a recommendation of City legal staff. Councilor Buck requested additional information about the hawthorn trees to be removed and the slope in that part of the property. Mr. Theurer displayed a cross-section drawing (Council Report, Attachment 3) and discussed plans to bring native tree species into this area. Modifications to the slope were planned to enhance the adjacent play area; they would also improve views from the higher points and better sight lines for safety in the area. Councilor Buck asked about any consideration given to the amount of area designated for the longer nesting City Council Regular Meeting Minutes Page 7 of 14 September 5, 2017 grass versus the more manicured lawn. Mr. Theurer described input from the public outreach meetings that indicated people wanted the more natural feel, with wildlife habitat. The larger area of nesting grasses was a unifying factor that helped to maintain the beautiful structure of the site, he explained. Councilor Manz asked about the level of community interest in a natural soccer field that had been mentioned in the original deed for the property. Mr. Powers noted that space was not sufficient for a full soccer field, and only significant alterations to the property would make it feasible. As this was contrary to the wishes expressed by neighbors and the community, the project team had proposed this good-sized area as a place for family or other informal play. In accordance with community input, it would not be programmable space. Councilor LaMotte requested clarification about the current request for Council approval of the Plan in relation to scheduled meetings and possible future refinements. Mr. Powers explained that the purpose of future meetings would be to present information to the public, not to seek input. He confirmed the accuracy of the $165,000 restroom cost estimate (Council Report, Attachment 5, Appendix A). He also indicated that Staff could explore Councilor LaMotte's suggestion that bids for this project be solicited jointly with the Iron Mountain Park work. Councilor Gudman moved to approve Resolution 17-34. Councilor LaMotte seconded the motion. Councilor Manz noted that she found it interesting that no soccer programming was planned for this site, in light of the mention of soccer in the deed restriction and also the lack of practice space in the city. Nonetheless, she would be voting in favor of the motion, given the wishes of the Forest Highlands neighborhood. A roll call vote was held, and the motion passed, with Mayor Studebaker and Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte voting `aye'. (7-0) 18.3 Contract Award for Hazelia Turf Replacement Report and Attachments Mr. Munro, accompanied by Ms. Big John, requested that Council authorize the award of a contract for replacement of artificial turf at Hazelia Field, as detailed in the Council Report. He noted that community users had been notified of the field closure from September 18 through October 22, with provision for a two-week extension in the event of inclement weather. Mayor Studebaker asked if a discount or other concessions had been requested from the contractor for a combined Hazelia/East Waluga Park turf replacement project. Mr. Munro reported that this had been proposed, but the contractor indicated that the East Waluga project was anticipated for a date too much later than this one, up to a year and a half afterward, for such consideration. Councilor LaMotte asked for additional information about minimizing the cost of removal of turf materials from Hazelia. As the City could not identify a feasible reuse for the materials at this City Council Regular Meeting Minutes Page 8 of 14 September 5, 2017 time, Mr. Munro confirmed that they would be taken to a recycling facility. However, Staff had expressed to the contactor interest in potentially receiving materials removed from a future project, should that meet the City's needs. Councilor Gudman moved to authorize the City Manager to sign a contract with FieldTurf USA, Inc. in the amount of$638,984.71 for replacement of the artificial turf at Hazelia Field. Councilor O'Neill seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte voting `aye'. (7-0) 18.4 Botticelli Striping Update Report Ms. Rooney introduced Ms. Owings, who noted that Staff had received some additional comments on the striping project after submitting the Council Report; these were very similar to those heard in the Citizen Comment period earlier in the meeting, she indicated. With accompanying slides showing the pertinent section of roadway, she discussed the current striping and location of street parking, as well as the proposed bike lane. As the bike lane project had been identified in both the Transportation System Plan (TSP) and the Comprehensive Plan, Staff wanted to honor the request. However, during the public outreach period prior to construction, a majority of comments reflected a desire to maintain the existing parking, she reported. Other comments indicated a preference for creation of a bike lane. After highlighting other considerations on both sides of the issue, she noted that Staff and the TAB recognize the importance of the on-street parking to the surrounding residents. Having further weighed the input and needs, Staff now wished to amend the Council Report by recommending the third alternative (Council Report, p 2). This would provide for"sharrow" markings, a symbol indicating that a travel lane is to be shared by both cars and bicycles. The existing parking on Botticelli would be retained. The sharrow markings would improve safety for cyclists by directing them to an area outside the door zone of the parked cars and would remind drivers to watch for cyclists in the shared travel lane. Councilor Gudman expressed approval for the compromise that the recommended sharrow would provide. Councilor Buck agreed, emphasizing the importance of an infrastructure to support bicycling as an alternative to automobile travel. This compromise offers a reasonable approach to making a connection for people who do not drive, he indicated. Councilor Kohlhoff noted that the issue of excessive vehicle speed by drivers on Botticelli had been raised, with the on-street parking contributing to the safety issues. She indicated that she was not convinced that the issue had been addressed with regard to the parking. Mayor Studebaker requested clarification about the striping. Ms. Rooney indicated that the recommendation would retain the on-street parking and the center line in their present locations, while adding the sharrow markings to the uphill travel lane. City Council Regular Meeting Minutes Page 9 of 14 September 5, 2017 Mayor Studebaker moved to allow parking to remain on Botticelli and to add only a sharrow bike legend that alerts drivers to share the uphill lane with bikes. Councilor LaMotte seconded the motion. Councilor Gudman noted that he would support the motion. He indicated that this bike/pedestrian pathway was No. 15 on the Capital Improvement Plan projects list and asked if passage of the motion would mean that this item would be removed from the list. Ms. Owings suggested that this be re-evaluated at the next TSP update and reiterated the City's commitment to both modes. Citing the impact on SDCs, Councilor Gudman expressed his hope that the item would be removed. Ms. Rooney concurred that it should be removed from the official list, but that Staff would continue to track it for any change in priority. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte voting `aye'. (7-0) 19. PUBLIC HEARINGS 19.1 Appeal of TR 499-17-02043 (AP 17-05), Appeal of a Permit of Tree Removal at 1053 C Avenue Mayor Studebaker announced that the appeal of the permit for tree removal had been withdrawn. 19.2 Ordinance 2750, An Ordinance of the Lake Oswego City Council Amending the Zoning Map to Change the Zone Designation for Property at 10 Touchstone (21E05BD02000, Supplemental No. 1) and Abutting Right-of-Way from R-3 to R-7.5, and Adopting Findings (LU 17-0022). Report and Exhibits Mr. Powell reviewed the title for Ordinance 2750. He noted that zone changes were typically legislative matters; however, as this was a single-lot zone change, it would be handled as a judicial proceeding. He reviewed parameters for this land use request, noted that the public hearing process was outlined in the agenda, and reviewed the time limits for testimony. He asked if any City Councilor wished to make any declarations with relation to ex parte contacts, bias or conflicts of interest. None were heard. He then 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 explained that the public hearing would address the Zoning Map correction pertaining to the property at 10 Touchstone in the Mountain Park neighborhood. This was part of the ongoing Map amendment project identified as part of the 2005 Code audit, he noted. As detailed in the Council Report, it would correct this lot's zoning designation from R-3 to R-7.5, in accordance with the Comprehensive Plan. At its June 26 hearing the Planning Commission had reviewed the proposed zone change and recommended that the City Council approve the proposed change. Staff requested approval of the change as shown in the Council Report. City Council Regular Meeting Minutes Page 10 of 14 September 5, 2017 Questions of Staff Councilor LaMotte inquired about the possibility of combining any remaining corrections into a single submission to the Council. Mr. Espe explained that these requests have been grouped according to neighborhood association. As the application process requires presentation to the neighborhood impacted by the amendments, Staff finds this to be most effective. Testimony Mayor Studebaker asked if anyone wished to present testimony in opposition to or in favor of adoption of the Ordinance or if anyone wished to present neutral testimony. Hearing no requests, he closed the hearing. Councilor Gudman commended Staff and the Planning Commission for clearing up the various Zoning Map inconsistencies. Mayor Studebaker moved to adopt Ordinance 2750 amending the Zoning Map to change the zone designation for property at 10 Touchstone and abutting right-of-way from R-3 to R-7.5 and adopting findings. Councilor Manz seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte voting `aye'. (7-0) 19.3 Ordinance 2754, An Ordinance of the City Council of the City of Lake Oswego Amending LOC Chapter 50 (Community Development Code) to Clarify and Update the Criteria for Design Variances in the Downtown Redevelopment Design (DRD) District (LU 17-0039). Report and Exhibits Mr. Powell explained that the public hearing on Ordinance 2754 was a legislative proceeding pertaining to Code text changes. After reading the Ordinance title, he outlined the parameters and hearing process, including the time limits for testimony. He asked if any City Council member needed to make a declaration with relation to conflicts of interest. Hearing none, he asked if any member of the audience wished to challenge any City Council member's right to hear the application; none was heard. Staff Report Mr. Siegel noted that this matter was initiated by the Council during annual goal setting. In subsequent work planning with the Planning Commission, Council had requested that the Commission review procedures and standards in the Code for architectural design in the Downtown Redevelopment Design District, with a focus on allowing a greater variety in architectural styles in the downtown, as detailed in the Council Report. The Commission having determined that, although the Code is fairly prescriptive with regard to the types of styles desired for the downtown, it has been interpreted in a way that has allowed for more contemporary interpretations of the three "Lake Oswego Style" options (Council Report, p 2). The Planning City Council Regular Meeting Minutes Page 11 of 14 September 5, 2017 Commission and Staff had concluded that the problem to address was not one of design direction in the downtown plans or Code. The variance procedure for downtown design provides flexibility in varying the styles, and applicants have been successful in pursuing such variances. Rather, the issue was to clarify the criteria for design variances. With accompanying PowerPoint slides, Mr. Siegel reviewed several alternate approaches and related considerations that had led to the proposal before Council (Council Report, p 3-4). The consensus had been that applying the city-wide variance criteria was not necessarily responsive to the specific design plans or architectural language of the downtown. After discussing how this related to distinctive aspects of downtown design, he reported that the Commission and Staff had concurred that making no change to the Code was not recommended; this would provide no additional guidance to Staff nor to developers contemplating projects outside the current specifications. Mindful of the Council's desire for more streamlined processes, as well as for greater architectural variety in the downtown, the Planning Commission recommendation was to clarify the design variance criteria. In this and other areas with design district plans, they identified the need to focus on variance criteria specific to their plans. After describing the challenging process faced by an applicant trying to determine which standards are relevant to downtown, he reported that the Commission recommended that a "punch list" be incorporated into the existing variance options. In further analysis, it was determined that the proposal would apply this where there is a physical constraint with the site of a proposed building; where the building has a unique function; and where the City's sustainability goals can be advanced by removing regulatory barriers. Finally, Mr. Siegel reminded Council that perhaps the most troublesome criterion for applicants, (outside situations addressed in the current Code) related to illustrating how their designs better achieve requirements of the relevant designs and codes. He emphasized the importance of the criteria in the East End Redevelopment Plan and the Downtown Urban Design Plan, both of which provide very good design direction for the downtown. In summary, he noted that the proposed amendments achieved (1) consolidation of the criteria for the downtown for reference purposes; (2) an upgrade of the criteria, by adding functionality and sustainability; and (3) implementation of the Planning Commission's recommendation that the criteria for design quality and relationship to other buildings are both applied in reviewing variances. The Commission has recommended approval of Ordinance 2754. The language is provided in Exhibit A-1.1, Attachment 2. The findings were also provided for Council's consideration (Exhibit B). Questions of Staff Councilor O'Neill asked about any consideration given to simply adding another category, one where elements of the current three style options (English Tudor, Oregon Rustic, Arts and Crafts) might be combined so as to achieve a more contemporary style. This category might incorporate materials such as more glass and steel, as in designs sometimes called "Northwest contemporary". Mr. Siegel confirmed that a couple of such options had been discussed by the Commission. However, concerns had been identified about adopting such a style because of the inconsistent interpretation of "Northwest contemporary" and other terms. The Commission had been concerned about the ability to codify such styles, and also believed that the proposed goals would allow the City to be more nimble and adaptable than additional content in terms of design. For this and other reasons, their recommendation was for a process solution instead of another City Council Regular Meeting Minutes Page 12 of 14 September 5, 2017 set of criteria. Also, some commissioners were concerned about too much direction toward more contemporary designs. He had reminded them of the design standards in the Code that already would be applied in the downtown. Noting that a significant amount of such direction still remains, he indicated that the proposal would guide future designs. Staff would welcome innovative submissions; this would lead to the community process that is afforded by the variance process. Councilor O'Neill posed additional questions about impacts on speed, time, and money. In ensuing discussion, Mr. Siegel clarified that the proposal would refine the criteria for the variance process that exists today. It would guide the applicant more effectively in communicating how the design better implements the objectives, based on the discrete set of points in the East End Redevelopment Plan and the design principles in the Downtown Urban Design Plan. In the view of Staff and the Commission, both of these documents support the desired village character, he indicated. Mr. Lazenby added that a developer wishing to avoid the additional time of the variance process would still have the option of the "Lake Oswego Style" for a design. Mr. Siegel expressed his concern that adding another style category could not contemplate the many different kinds of proposals likely to be received. The City would be back where it started: adding to Code and making it less streamlined. Councilor Kohlhoff asked for clarification on the process for acquiring a variance. Mr. Siegel outlined requirements within the context of a development review application. He described a recent example and how it had produced an even higher-quality result than might have been required without the variance, and then responded to related questions. In response to questions from Councilor Buck, Mr. Siegel confirmed that nearly all development projects in the downtown go through the variance process, largely because it is impossible to write code to address every eventuality. He clarified that Lake Oswego's "variance" is commonly termed "design review" elsewhere, and is comparable to the process in other jurisdictions, including the City of Portland. He detailed how the variance path related to the "Lake Oswego Style". The more an exception varied from the Style standards, the higher the bar would likely be under Development Review Commission (DRC) review, he observed. Councilor LaMotte acknowledged the City's desire to provide more substantive guidance to Planning staff as they address pending development proposals. His preference is to provide a list of what the City does not wish to see in new development, although even articulating this would take considerable Planning Commission and staff time. He commended the timing of the amendments proposal and expressed support for continued review. Mr.Siegel responded to questions from Mayor Studebaker about the length of time required to move a commercial project through the DRC review when no variance was requested. The Mayor inquired about the possibility of simplifying the process when the design might not adhere strictly to "Lake Oswego Style" standards, such that the project could move forward without the extra time and expense of variance approval. Councilor LaMotte opined that the idea had merit and would likely be received favorably by commissioners. For the present, he expressed approval for the proposed amendments; a Council study session on design for the downtown could be scheduled at a later time, he suggested. Testimony City Council Regular Meeting Minutes Page 13 of 14 September 5, 2017 Mayor Studebaker asked if anyone wished to present testimony in opposition to or in favor of the Ordinance or if anyone wished to present neutral testimony. Hearing no requests, he closed the hearing. Councilor LaMotte moved to approve Ordinance2754, the new criteria for design variances in Downtown Redevelopment Design District, LU 17-0039. Councilor Gudman seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Kohlhoff, Buck, O'Neill, Manz, Gudman, and LaMotte voting 'aye'. (7-0) 20. INFORMATION FROM COUNCIL Councilor Manz announced that the City had conducted a water audit at her home. She reminded those present that this service is offered to all residents at no cost and provides helpful information. Next she thanked Concert Coordinator Madeline Marin-Foucher for the excellent event on September 3, a concert in honor of Lake Oswego volunteers. She also reported on a successful ribbon-cutting ceremony at the new Water Treatment Plant. Finally, in response to a recent letter from a citizen about litter in the city, she offered to initiate discussion on this concern. She suggested the possibility of convening a group to address the issue. 21. REPORTS OF OFFICERS No reports were made. 22. ADJOURNMENT Mayor Studebaker adjourned the meeting at 9:03 p.m. Respectfully submitted, Anne-Marie Simpson, City Recorder APPROVED BY THE CITY COUNCIL: ON O e'%11ZeA/17 .2-0(7 i ,//11.iteNr 6 Kent Studebaker, Mayor City Council Regular Meeting Minutes Page 14 of 14 September 5, 2017