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HomeMy WebLinkAboutApproved Minutes - 2020-03-03 rrA CITY COUNCIL REGULAR MEETING — MINUTES V MARCH 3, 2020 aREGO� 1. CALL TO ORDER Mayor Studebaker called the regular City Council meeting to order at 6:33 p.m. on March 3, 2020, in the City Council Chambers, 380 A Avenue. 2. ROLL CALL Present: Mayor Studebaker and Councilors LaMotte, Wendland, Manz, Kohlhoff, O'Neill, and Nguyen Staff Present: Martha Bennett, City Manager; David Powell, City Attorney; Anne-Marie Simpson, City Recorder; Scot Siegel, Planning and Building Services Director; Ivan Anderholm, Parks and Recreation Director; Stephan Broadus, Assistant City Engineer Others Present: Bill Gordon, Heidi Schrimsher 3. PLEDGE OF ALLEGIANCE Mayor Studebaker led the Council in the Pledge of Allegiance. He acknowledged the 100 years of service by the League of Women Voters to the nation and to the State of Oregon, noting the League had been active in Lake Oswego since 1955. Now called the "Clackamas County League of Women Voters", the group consisted of members from Lake Oswego and other cities in the county, and had made significant contributions to local government and public service. 4. CITIZEN COMMENT • Bruce Poinsette, 10900 SW 76th Place #59, Tigard Mr. Poinsette addressed the Lake Oswego Police Department (LOPD) connection to the West Linn scandal from 2008 to 2009, the "NILO" and "MILO" comments made in the department, and the lawsuit brought against the news media to suppress this information. He spoke about his personal experience with LOPD targeting him as a young man, and voiced his concerns over the inequality in the ability for people on the margins to be heard. Community members continue to talk about the same toxic culture. He recommended the following remediation: 1) equity training requiring an assessment component and disciplinary action; 2)order an independent equity audit City Council Regular Meeting Minutes Page 1 of 11 March 3, 2020 utilizing a culturally relevant firm; and 3) the creation of an independent Citizens Review Board for the police. • Nancy Thorington, 16711 Lake Forest Boulevard Ms. Thorington spoke to Portland's and Lake Oswego's history of being against minorities. She stated that she had great respect for the police, as both her father and grandfather were officers. She opined that the law enforcement subculture led to protecting that brotherhood at all costs, and said officers had no right to abuse their authority. Given the incident in West Linn two years ago, she suggested that the City Council take the following actions: 1) make the DEI Task Force a permanent advisory body; 2) create a Police Oversight Committee; 3) require DEI training for City contractors; 4) enforce a measurable "Code of Conduct," with consequences for violations; 5) produce and make public a monthly report with the demographics for all persons stopped by the LOPD; and 6) perform periodic external audits that review personnel files for citizens' and officers' complaints of harassment, intimidation, and/or threats; and authorizing the auditing body to recommend disciplinary action. • Willie Poinsette, 590 Boca Ratan Drive Ms. Poinsette spoke as the president and co-cofounder of "Respond to Racism." Given the historic culture, she would like to see the City's reputation changed and was hopeful it could happen. The terms "MILO" and "NILO" had been used by police to identify those who were not welcome; however, people of color had been and are now as visible and as valuable as white people. Long-time African American residents of Lake Oswego have said that their children had been stopped by the police and were bullied and harassed in the high schools. Recent newspaper headlines provided a reality check; however, she saw hope through her involvement in "Respond to Racism" and to the Staff and elected official training provided by the Museum of Tolerance. She expressed her hope that the DEI Task Force remain permanent. The generational trauma caused by racism affected everyone in the community. Recognizing the diversity that existed in Lake Oswego was key. • Terrie Kraemer, 505 8th Street Ms. Kraemer read a list of suggested actions that came from the "Respond to Racism" Steering Committee. A written copy was provided to the Mayor, to each Councilor, and to staff. • Sophia Meneakis, 333 9th Street Ms. Meneakis voiced her concerns regarding racist police allegations, the NILO and MILO slurs, and their regular impact on the youth of Lake Oswego. She described the racist history of the community, and said that the City should be held accountable. She indicated that she relied on the City Council to make decisions that supported the healthy moral growth of youth in the community. She asked what would be done; requesting assurance that equity would be practiced and that training would take place for City Staff and the community. Lake Oswego should not be known for the label it bears. Citing an instance of a citizen being ostracized, she believed the City failed because a police officer was let off the hook. City Council Regular Meeting Minutes Page 2 of 11 March 3, 2020 • Anne Meneakis, PO Box 153, Lake Oswego Ms. Meneakis came to the Council with her concerns over the history of how business had been conducted in the Police Department during the time Mr. Timeus', who had been in the news recently. She asked the Council to take the suggestions with gravity and to implement them with haste. She said she had experience working with different law enforcement agencies regarding neo-Nazi gang interventions. As a public employee, had she used the terms NILO or MILO, she would have been fired, as any police officer who uses them should be. Training is a good first step. Minorities in the community should not be harassed or fear for their safety. Research showed that diversity benefits the entire community. • Beth Oliphant Hoover, 13485 Atwater Lane Ms. Hoover requested the Council table the proposed partnership between the School District and the City to build a recreation center and a pool at the Municipal Golf Course. Her family history of investment in the local community led to the formation of The Oliphant Community Golf Tournament, with proceeds benefiting local charities. The event also brought visitors to the area. She asked to see the course remain an 18-hole course, as the reduction to a 9-hole or 12-hole course would likely mark the end of the tournament. • Gail Wallmark, 1755 Kilkenny Road Ms. Wallmark spoke as a board member of the LPGA Amateurs Portland Chapter. Their mission was saving the current property and ensuring a financially vibrant future for the golf course. Her group secured over 350 signatures to save the course. They saw the course as park land and maintained that golf interest continued to be strong, per recent studies. Dan Hickson, golf course architect, was scheduled to speak at the upcoming public forum. She lobbied for the current configuration, rather than a modified, smaller course; opining that the commitment to public golf should not just be about the layout of the holes. • Deborah Wilkinson, 17304 Marjorie Avenue Ms. Wilkinson supported keeping the golf course intact. She spoke to the beauty and historical significance of the course; not understanding the reasoning behind dedicating the land to a different recreational course, in effect pitting one user group against another. • Molly McGrew, 6317 Alyssa Terrace Ms. McGrew, Vice President of the Lake Oswego Community Rowing Club, was joined by Katy Gellatly, varsity rower, and Craig Oliva, board member, of the same. They invited members of Council to come for a visit and to join them in a "learn to row" program, adding that they looked forward to working with the Council and the City in expanding their operations. 5. PUBLIC HEARING 5.1 Resolution 20-07, A Resolution of the Lake Oswego City Council Approving the Luscher Farm Concept Plan for Purposes of Applying to Metro for an Amendment to the Portland Metro Urban Growth Boundary (PP19-0012) City Council Regular Meeting Minutes Page 3 of 11 March 3, 2020 Mr. Powell reviewed the hearing parameters. There were no Councilor declarations of conflicts of interest; no challenges to Council members' right to consider the proposal were made. Staff Report Mr. Siegel informed members that this followed Council's earlier action to initiate a Concept Plan. The City may someday annex the area through an expansion of the Urban Growth Boundary (UGB). He gave an overview of the issue and discussed criteria. With the assistance of an aerial photo of the Luscher Area Master Plan (LAMP), he explained that the concept planning process would bring the farm into the City limits and would apply City zoning. He showed the timeline for annexation and zoning and the actions that would need to take place along the way. The subject site is 83-acres. A property owner adjacent to the farm asked if the Master Plan would cause his property to become an island of rural land in the UGB, but it would not create a gap along Rosemont Road. A slide of the existing water and wastewater facilities was shown. He explained that there were wells and septic fields on the property and sewer that abuts the northern edge of the property, along Stafford Road. Mr. Anderholm reviewed the history of the property and the programming, and described the current facilities and their uses. Some current uses are clearly permitted, but allowing for certain public uses was less clear. The EFU zone does not allow tours, soft surface trails, classes, or camps. Planned uses include classrooms, trails, parking, events, classes, and programs. He displayed a map of the Master Plan, which included future additional athletic fields and court facilities, environmental education areas, a playground, and additional community gardens. Mr. Siegel outlined the area designated as historic, and explained that the City would look into giving it some sort of Historic Landmark designation. Mr. Siegel stated that the need for UGB expansion included code compliance, implementation of the LAMP, improvement of facilities, and serving Lake Oswego needs for an agriculture-focused recreation site. Additionally, he and Mr. Powell addressed concerns that had been sent to the City Council before the hearing. Councilor Kohlhoff asked if"J" on page 16 of 37 was "Rassekh" property. Mr. Siegel confirmed it was. She then asked for confirmation that it was not currently in the UGB. Mr. Siegel responded that it actually was in the UGB, but it was not within the City's Urban Services Boundary (USB), the City would need to amend its Comprehensive Plan, and that it was zoned as parks and natural area. In response to Councilor LaMotte's question about whether the Concept Plan would only amend the UGB, and whether annexation would be required, Mr. Siegel replied that the City would still then have a choice on whether to annex or not, to bring it under the Comprehensive Plan. Councilor LaMotte asked why the Brock property, seen on page 7 of 37, would not be included if they were to be a pathway connection. Mr. Siegel noted that the Brock property was not being brought into Luscher Farm because its current uses complied with county zoning and it was not contiguous with the area. Mr. Anderholm indicated that it would be used to establish parking and a safe entrance to the property, and that the long-term plan would be to expand urban agriculture and environmental education programs. Councilor Wendland inquired whether the City had to wait. The parking and entrance could be done now, per Mr. Anderholm. Mr. Siegel described the process for using System Development Charges funding; acknowledging that it could take many years for completion. City Council Regular Meeting Minutes Page 4 of 11 March 3, 2020 Testimony Heidi Schrimsher, 13880 Knaus, representing the Friends of Luscher Farm, indicated that they did not want to bring the farm into the UGB until they were guaranteed that the land was protected. The LAMP is complete and the Friends now supported the UGB change, as it would allow them to move forward with additional plans. Mayor Studebaker closed the public hearing. Councilor Manz moved to tentatively approve Resolution 20-07 to be brought back on March 17 with supplemental findings for adoption, and in the interim authorize staff to submit the plan as presented together with its application to Metro. Councilor Wendland seconded the motion. A voice vote was held and the motion passed, with Mayor Studebaker and Councilors LaMotte, Wendland, Manz, Kohlhoff, O'Neill, and Nguyen voting `aye.' (7-0) 6. COUNCIL BUSINESS 6.1 Parks, Recreation and Natural Resource Advisory Board Recommendation for Bond Projects Mr. Anderholm introduced Parks Board members Heidi Schrimsher and Bill Gordon, who would report on the Board's recommendations. Ms. Schrimsher described the more recent history of community input and Council actions regarding the site of the municipal golf course. The Parks Board supported the plan that included adding a combined recreation and aquatics center. Mr. Gordon reviewed components of the potential "Memorandum of Understanding" (MOU) between the City and the School District. The Parks Board recommended that the City assume the senior partner role for the capital project and operations of the center. Full vetting of golf course siting, analysis of the assumed concept construction cost of $700.00 per square foot, agreement over operating loss-sharing or usage fees, and agreement for LOSD to provide a modular gym all need to be fully addressed. He detailed post MOU considerations, where he believed the hard work would begin; adding that the sizing of both elements was too small, in his opinion. Mr. Gordon detailed funding sources for a combined Recreation Center and Pool and other bond project priorities identified by the Parks Board. He noted that, later in the week, City representatives and others would meet with a golf design professional to talk about reconfiguration of the Municipal Golf Course. Opportunities for improvements in the costing of the projects were outlined. He believed that when the City moved to bonding, the total of monies available could be higher; noting that no monies from the General Fund were allocated at this time. Additionally, Mr. Gordon displayed a list of unfunded capital projects that, in light of higher priority projects, did not make the first cut. Those projects may be addressed in the next five years. Ms. Schrimsher described the unique position that the City and the School District have, e.g. using bond monies, in partnership, to create a long-needed comprehensive recreation center at an optimal location, which they believed was the golf course. City Council Regular Meeting Minutes Page 5 of 11 March 3, 2020 Councilor Manz commented on worst-case scenarios over the next five years; asking if those had been taken into account. Mr. Gordon stated that it was not worse-case scenario, and that the Parks Board would continue to bring charts to the Council, such as they had in the past. He acknowledged that reduced income would impact proposed projects, starting from the bottom of the column and working up. She then inquired about Metro bond monies. Mr. Anderholm indicated that $2 million had a basic restriction of use for connecting people to nature and acquisition of properties that had habitat significance. Councilor LaMotte asked whether Iron Mountain Park and Woodmont Park used past budgeted monies and if so, could those savings be redirected? Mr. Anderholm confirmed that was the case. Ms. Bennett added that the evening's goal was for the Council to have questions answered by the Parks Board; future discussion will include the School District and a decision of whether or not to proceed. Councilor Kohlhoff voiced her concerns over these being directed funds; asking if the proposed priorities be addressed top down. Mr. Gordon said the highest priorities would get funding first, and that unknown cost in high priority projects could impact lower priority projects. There could be adjustments to funding sources. Ms. Bennett noted that certain projects could not use other funding sources. Staff sought confirmation that the list was generally in the right order and of the right magnitude. The City Council took a break between 8:17 and 8:29 p.m. 6.2 Community Recreation and Aquatics Center Mr. Anderholm reviewed where the task force was in the process in discussion of a Community Recreation and Aquatic Center, and described the outreach that had occurred. Through the task force work, they evaluated four sites for the Center. It was determined that a combined facility resulted in capital and operational efficiencies, with a reduction of approximately $275,000 in operations costs. He reviewed the team's guiding principles and described the various stakeholders' input gathered through a series of sessions designed to collect feedback. The proposed concept for a Center at the Municipal Golf Course site was outlined; including the features proposed for the Center and the $15 million contributed by both the School District and the City. Without a partnership, there would not be a new pool. To move forward, the next step would a MOU between the two entities. A full facility would include a gymnasium, cardio/weight room, and small group exercise space. The Conceptual Program Design, with capital and operational costs, would total $30 million, and would have an annual subsidy of $404,000. With construction beginning in the first quarter of 2021, the cost escalation stood at 4% to 8%, but did not include off-site improvement costs. Community input regarding the site included golfers that wanted the course to stay the same, although others welcomed modifications. Traffic impact was the major concern coming from neighbors. Swimmers supported the new facility at the golf course, as did dryland users. City Council Regular Meeting Minutes Page 6 of 11 March 3, 2020 Site considerations include addressing traffic issues, improving the functionality of the golf course, creating a recreation campus experience, operational efficiency, synergy with the club house program, potential shared parking, and adaptability for future opportunities. There was a request from every user-group for more amenities than fit the budget. The dryland group expressed a desire to have the gym prioritized now to accommodate a variety of program activities. The question was whether or not the budget could accommodate more programs. Mr. Anderholm outlined the specific requests of each stakeholder-group. The aquatics group requested an accommodation for a lifeguard/water safety training area, consideration for a skinny 50-meter pool, verification that a larger pool would increase revenue, an accommodation for more programs, an accounting for rental fees spent at other pools, and a consideration of different pool programming configurations. The aquatics group felt that a new pool would attract more users after-hours. He showed sample configurations for a number of 25-yard pool options designed to meet a variety of aquatics needs. The next steps were to receive feedback from the Parks Board, update the School Board and City Council on community engagement feedback, finalize the program, design concept, and capital cooperation costs, present the final recommendation on March 16, 2020, assemble a Project Advisory Committee (PAC), and offer a recommendation to engage a golf course designer. Councilor Manz asked about off-site improvement costs. Ms. Bennett suggested that the analysis be done before giving any estimations and those would come to the Council and School Board at a later date. Mr. Anderholm indicated that an early estimate would be available before the joint meeting. Councilor Kohlhoff compared options to try to find a win-win option. Mr. Anderholm noted that an analysis had been performed. Ms. Bennett said that the City Council had agreed that a pool size decision belonged to the district. Councilor Kohlhoff acknowledged that she agreed about the decision regarding the size of the pool, but was asking if staff thought the longer 50-foot pool would still fit within the footprint of the golf course site, to which Mr. Anderholm replied it could. In response to Councilor Kohlhoff's question about the consideration of the Rassekh property, Ms. Bennett recalled it had been Council's direction to save the property for ball fields. Councilor LaMotte said the 25-yard stretch made sense for their needs. The size of the golf course and the synergies it offered, including access for transportation, appealed to him. He requested that Staff produce an image showing both the 9-hole golf course and the recreation center together. Councilor Wendland asked whether the Board and Council would have an operating agreement to consider at the joint meeting. Ms. Bennett affirmed that was the goal. He viewed the breakdown of responsibility as the School District being over education and the City Council and the City being over activities, in order to maintain a clear path. Councilor Nguyen asked for confirmation that a MOU partnership would be necessary in order for this model to move forward. Mr. Anderholm replied that if there was no joint effort, the School District would look at renovating or replacing the current pool. He then asked if that meant the City Council Regular Meeting Minutes Page 7 of 11 March 3, 2020 City could not use the pool for their activities. Mr. Anderholm stated that the City was not currently programming the School District's pool. Mayor Studebaker expressed reservations about proceeding, citing the City's long-term decision to not enter into a pool project. He did support a recreational facility. He had concerns about the annual costs to the City over the next 30-50 years. Councilor Wendland believed this was an opportunity that needed to be taken advantage of and would serve the community well, given the important synergy and the positive comments received from citizens. Councilor Manz expressed concerns about siting and infrastructure that would be required to accommodate the facility. She expressed caution, but was open to hearing about the necessary improvements. Councilor LaMotte hoped to see a bigger City recreation picture at some point. He believed that there was community need for a pool and recreation facility, and the City was not meeting that need. He opined that the fees generated would be a positive benefit and looked forward to working jointly with the School District. Councilor Kohlhoff stated that she was concerned that the pool community would not get what they wanted out of the project, believing the Rassekh property should be considered for the facility. Councilor O'Neill did not see the budget picture to be dire. The issues identified at the Municipal Golf Course had been discussed for decades; a competitive 9-hole course would bring a broader range of golfers. He favored keeping the Rassekh property for ball fields, as he understood there to be a shortage. A 50-foot pool would be a much more expensive facility to operate and the City must deliver a pool that works for our students and our community, rather than the region. Mr. Anderholm described the items he would be prepared to present at the joint City Council and School Board meeting on March 16, 2020. 6.3 2020 Preventative Maintenance Projects: Work Order 287 (Slurry Seal) Stephan Broadus, Assistant City Engineer, reviewed the background of the City Council's approved Pavement Management Project. He displayed a map of the roads targeted for work and described the public outreach that would be implemented prior to and during the project. He showed a brief video that described the slurry seal process. An estimated schedule was outlined; running from March to November. Councilor LaMotte asked about project funding. Mr. Broadus indicated that money was tied to the design of project, staff, and construction management. Councilor LaMotte encouraged monitoring of the traffic flagging. Councilor Nguyen questioned whether the bid award was based solely on lowest price, as there was just $1,000 difference between the two bids. Mr. Broadus confirmed that it went to the lowest bidder; explaining that the small spread was due to there being only three items in the bid: mobilization, crack sealing, and slurry seal. He added that there was a very standardized specification to follow. This company has done work for the City in the past. Ms. Bennett and Mr. Powell both noted that the City must accept the lowest bid for this contract. City Council Regular Meeting Minutes Page 8 of 11 March 3, 2020 Councilor Wendland moved to award a Public Improvement Contract with VSS International, Inc. for the construction of the 2020 Preventative Maintenance Projects: Work Order 287 (Slurry Seal), in the amount of$781,772. Councilor LaMotte seconded the motion. A voice vote was held and the motion passed, with Mayor Studebaker and Councilors LaMotte, Wendland, Manz, Kohlhoff, O'Neill, and Nguyen voting `aye.' (7-0) 7. CONSENT AGENDA— full Council 7.1 Resolution 20-04, A Resolution of the City of Lake Oswego, Oregon, Authorizing the Execution and Delivery of a Financing Agreement, Escrow Agreement, and Related Sale Documents; Pledging the City's Full Faith and Credit to the Financing Payments Due Under the Financing Agreement; Authorizing the Execution and Delivery of the City Of Lake Oswego, Oregon Full Faith And Credit Obligations, in One or More Series, in an Aggregate Principal Amount Necessary to Finance Costs of Certain Urban Renewal Projects,to Refund all or a Portion of Certain Outstanding Debt of the City and for Payments of Costs of Issuance of Such Full Faith and Credit Obligations; Designating Authorized Representatives and Delegating Authority; Declaring an Intent to Reimburse; and Related Matters And Resolution 20-06, A Resolution of the City Council of the City of Lake Oswego Adjusting the Budget for the Biennium Commencing July 1, 2019, Approving Resources/Requirements, and Making Appropriations Motion: Move to adopt Resolutions 20-04 and 20-06. 7.2 Adult Community Center Remodel Project Motion: Move to authorize the City Manager to sign a contract for Architecture & Engineering Services for the Adult Community Center in the amount of $431,600 with Polymath Studio Architecture. 7.3 Resolution 19-64, A Resolution of the City Council of the City of Lake Oswego Authorizing Intergovernmental Agreements with the Cities of Sandy, Molalla, Canby, Oregon City and Gladstone to Provide Warrant Confirmation and Limited Information Entries to the State and National Law Enforcement Database Systems Motion: Move to adopt Resolution 19-64. 7.4 Approval of Meeting Minutes February 4, 2020 Motion: Move to approve minutes as written. Councilor Manz moved to approve the consent agenda. Councilor O'Neill seconded the motion. City Council Regular Meeting Minutes Page 9 of 11 March 3, 2020 A voice vote was held and the motion passed with Mayor Studebaker and Councilors LaMotte, Wendland, Manz, Kohlhoff, O'Neill, and Nguyen voting `aye.' (7-0) 8. CONSENT AGENDA— Councilors only 8.1 Resolution 20-01, A Resolution of the City Councilors of the City Of Lake Oswego Approving Appointments to the Library Advisory Board Councilor Wendland moved to adopt Resolution 20-01. Councilor Manz seconded the motion. A voice vote was held and the motion passed with Councilors LaMotte, Wendland, Manz, Kohlhoff, O'Neill, and Nguyen voting `aye.' (6-0) 8.2 Resolution 20-08, A Resolution of the City Councilors of the City Of Lake Oswego Approving Appointments to the Parks, Recreation & Natural Resources Advisory Board Councilor Manz moved to adopt Resolution 20-08. Councilor Wendland seconded the motion; adding that they continued to see exceptional candidates apply for the positions. A voice vote was held and the motion passed with Councilors LaMotte, Wendland, Manz, Kohlhoff, O'Neill, and Nguyen voting `aye.' (6-0) 9. ITEMS REMOVED FROM THE CONSENT AGENDA There were no items removed from the consent agendas. 10. INFORMATION FROM COUNCIL Councilor LaMotte announced that the 50+ Advisory Board would sponsor the second annual "Senior Celebration" on April 12, 2020, from 9:00 a.m. to 12:00 p.m. at Mary's Woods. More information would follow. Councilor Kohlhoff informed members that Metro will make available demographic information that will show a regional barometer, with outcome numbers. The intent was to make good policy. It should be on the website March 31, 2020. Data would be collected to keep the information up- to-date. 11. REPORTS OF OFFICERS Ms. Bennett reported on the City's response to COVID-19, indicated she has been working closely with Clackamas County and the Oregon Health Authority regarding what should or should not be kept open. She encouraged Councilors to direct others to good information. City staff who show up ill would be sent home; the City was taking seriously their responsibility to make sure no one else became infected. She described the City's actions regarding cleaning. Councilor LaMotte encouraged the community to not become panicked. Councilor Manz added that the City Council Regular Meeting Minutes Page 10 of 11 March 3, 2020 School District has stated that students are being impacted by the fear and hysteria, and, as adults, they all need to be kind and be examples. In response to testimony heard earlier from representatives of"Respond to Racism," Ms. Bennett acknowledged that police departments across the country had struggled with the legacy of racially biased policing practices, and there had been incidences of poor behavior within the Lake Oswego Police Department. She said that she and Chief Jorgenson worked to make sure that that the LOPD was behaving consistently under the policies adopted by the Council, and they worked to make Lake Oswego more welcoming and inclusive in order to build public trust with everyone in the community. Councilor Nguyen acknowledged that the community did not see a lot of the work Ms. Bennett or the policy leaders were doing in the background, but they still needed to do more. 12. ADJOURNMENT, CITY COUNCIL Mayor Studebaker adjourned the meeting at 9:41 p.m. Respectfully submitted, aA1 ^ 6144/ 73 Anne-Marie Simpson, City Recorder Approved by the City Council on -44,t (r--67, Kent Studebaker, Mayor City Council Regular Meeting Minutes Page 11 of 11 March 3, 2020