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HomeMy WebLinkAboutApproved Minutes - 2023-07-18 C s CITY COUNCIL REGULAR MEETING + � MINUTES IJuly 18, 2023 Oi O� 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 3:02 p.m. on Tuesday, July 18, 2023. The meeting was held both virtually via video conferencing and in person in the Council Chamber at City Hall, 380 A Avenue. 2. ROLL CALL Present: Mayor Buck and Councilors Corrigan (joining via phone at 4:16 p.m.), Wendland, Mboup (via video conferencing), Verdick, Rapf, and Afghan. Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder, City Recorder; Kyra Haggart, Parks Analyst I Project Manager; Paul Espe, Associate Planner; Erica Rooney, City Engineer I Public Works Director; Stefan Broadus, Assistant City Engineer; Jessica Numanoglu, Community Development Director; George Burke, Police Chief; Melissa Kelly, Library Director; Anthony Hooper, Deputy City Manager Others Present: J.R. Clanton, BerryDunn 3. PLEDGE OF ALLEGIANCE Mayor Buck led the Council in the Pledge of Allegiance. 4. EXECUTIVE SESSION: The Lake Oswego City Council will meet under authority of ORS 192.660 (2)(e) conduct deliberations with persons designated to negotiate real property transactions and (f) consider records that are exempt by law from public inspection. City Attorney Osoinach reviewed the legal parameters applicable to the Executive Session. The City Council met in Executive Session from 3:09 p.m. to 4:09 p.m. in the Police conference room on the first floor of City Hall. Mayor Buck reconvened the Council meeting in open session at 4:16 p.m. 5. PUBLIC COMMENT • Bob Mulvihill City Council Regular Meeting Minutes Page 1 of 26 July 18, 2023 Mr. Mulvihill described himself as a Lake Oswego resident in the 1970-1980s period, after which he moved to California. Recently he has returned to live in Lake Oswego. He expressed dismay at the current Lake Oswego pickleball situation, contrasting it to how similar concerns from neighbors were addressed successfully in Newport Beach. That California city had found an alternative site where they built pickleball courts with incorporated soundproofing and required lower-decibel balls and paddles. The closure of the George Rogers Park courts is troubling; if Council had been doing their job properly, they would have been aware of neighbors' complaints and then taken action, by having a study conducted and an alternative site determined prior to closing down the George Rogers courts. Pickleball is an important part of his life, offering exercise, competition, and social activity. Fellow participants have constantly spoken of the sport and its value. He asked Council to act quickly to ensure that public pickleball courts are available. 6. CONSENT AGENDA 6.1 2023 Council Goals Second Quarter Update. Motion: Move to accept the 2nd quarter report for the 2023 City Council Goals and initiatives. 6.2 WO 332, Approve a Design-Build Contract for the Backup Power at the Lake Oswego-Tigard Water Partnership Facilities Project. Motion: Move to authorize the City Manager to sign a Professional Services Contract with Brown & Caldwell in the amount of$1,916,408 for Phase 1 of the Design-Build contract for the Backup Power at Lake Oswego-Tigard Water Partnership Facilities project (WO 332). 6.3 Neighborhood Enhancement Program Grant Awards. Motion: Move to approve the 2023-2024 Neighborhood Enhancement Program (NEP) grants as recommended by the NEP Award Committee. 6.4 Ordinance 2932, A Special Ordinance of the City Council of the City of Lake Oswego Amending Ordinance 2610, Section 2.B to Extend the Term of the Franchise to Portland General Electric Company to Operate an Electric Light and Power System Until January 31, 2024 Motion: Move to adopt Ordinance 2932, a Special Ordinance of the City Council of the City of Lake Oswego Amending Ordinance 2610, Section 2.8, to Extend the Term of the Franchise to Portland General Electric Company to Operate an Electric Light and Portland System Until January 31, 2024. 6.5 Resolution 23-27, A Resolution of the City Council of the City of Lake Oswego Initiating the Proceedings to Withdraw Territory Consisting of 0.43 Acres Located at 5022 Upper Drive in the City of Lake Oswego from the Lake Grove Water District, and Authorizing the City Recorder to Give Notice of a Public Hearing (AN 23-0005). Motion: Move to adopt Resolution 23-27. END CONSENT AGENDA City Council Regular Meeting Minutes Page 2 of 26 July 18, 2023 Councilor Wendland moved to adopt the Consent Agenda. Councilor Afghan seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf and Afghan voting `aye'. (7-0) 7. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. As suggested by City Manager Bennett, Council addressed Agenda Item 8.1 out of sequence (see Page 6). 9. PUBLIC HEARING 9.1 Resolution 23-33, A Resolution of the Lake Oswego City Council, Acting as the Lake Oswego Public Contracting Review Board Pursuant to ORS 279A.060, Making Certain Findings and Approving an Exemption from Competitive Bidding for the Rassekh Skatepark Construction Project; and Authorizing the City Manager to Execute the Contract. Mayor Buck reviewed the Ordinance title, and then called on City Attorney Osoinach for a review of the hearing procedure. As a public contracting decision that is within the discretion of Council, it must also comply with the public contracting law, specifically ORS 279A.055, as well as the related administrative rule, OAR 137-049-0620 through 137-049-0630. The hearing process was outlined as shown in the agenda, including time limits for testimony. Councilors were asked to declare any ex parte contact, bias or conflicts of interest; no declarations were heard. Noting that the City Council is sitting as the Public Contracting Review Board for this decision, she asked for any declarations of conflict of interest; none were heard. Staff Report Ms. Haggart explained that her request is for approval of an exemption to the competitive bidding process for construction of the skatepark at Rassekh Park and to authorize the City Manager to execute a contract with California Skateparks. This firm had also served as the skatepark's design team. As detailed in the Council Report(Exemption to Competitive Bidding for Construction of the Rassekh Skatepark, p 2-3/26), award of this contract directly to California Skateparks will benefit the community in several ways, including two seen as significant. (1) Through their design process, they had worked closely with the task force of local youth and adult skaters, neighbors, and other community members. This ensured that the design would meet the needs and desires of the local skating community, be acceptable to park neighbors, and serve all ages, skill levels, abilities, and wheel uses. The outcome has produced an exceptional one-of-a-kind design. (2) They have employed construction practices and materials to meet municipal agencies' needs for skateable surfaces that are both safe and durable for the desired duration. Their time-tested processes have been used for more than 20 years. In addition, California Skateparks has worked closely for the past two years with the design team of Rassekh Park, which will design and build its remaining infrastructure and amenities. Continuing this high level of coordination will be important to the park's success, she emphasized. The 7% member discount awarded under the interstate cooperative procurement design/build agreement of January, 2022, would not be applicable here. However, the contract now before Council reflects California Skateparks' City Council Regular Meeting Minutes Page 3 of 26 July 18, 2023 commitment to both the City and stakeholders involved in the design process. The only other increase pertains to the change in the prevailing wage rates established by the State of Oregon. This demonstrates their commitment to the project and to doing so in a fiscally-responsible way. Concluding, she noted that the construction contract for remaining Rassekh Park Phase 1 work that was approved by Council several weeks earlier did reflect this updated price; i.e., without the 7% discount. Therefore, it does not reflect an increase in the total project cost. In response to questions from Mayor Buck about cooperative procurement agreements and the 7% discount, Ms. Haggart clarified that a State contracting law precludes the City from using such procurement agreements with firms not located in Oregon. The design portion of the design/build project has been completed, but a new contract is needed for the build portion because of the State contracting rule. Mayor Buck opened the public hearing and called for any testimony. No requests being heard, he closed the public hearing. Councilor Rapf moved to adopt Resolution 23-33. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf, and Afghan voting `aye'. (7-0) 9.2 Ordinance 2927, An Ordinance Annexing to the City of Lake Oswego One Parcel, Consisting of 2.70 Acres at 13501 Knaus Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from Certain Districts (AN 23-0004). Mayor Buck reviewed the Ordinance title, and then called on City Attorney Osoinach. Noting that such land use requests involve application of the criteria and standards listed in the staff report (Ordinance 2927, Annexing Property at 13501 Knaus Road; AN 23-0004), she outlined parameters for the public hearing, including review of the hearing process. Staff Report Mr. Espe advised that the subject property is currently under Clackamas County jurisdiction and is zoned R-20, low-density residential. On the City's Comprehensive Plan map, it is designated R-15, as detailed in the Council Report. Mr. Espe discussed related slides (Presentation — Ordinance 2927, Annexing 13501 Knaus Road (AN 23-0004)) and conveyed that staff finds this property is within the Urban Services Boundary and that public services can be provided in a timely, orderly and efficient manner with regard to the public facilities. Staff recommends approved of the annexation and enactment of Ordinance 2927. Mayor Buck opened the public hearing and called for any testimony. No requests being heard, he closed the public hearing. Councilor Wendland moved to enact Ordinance 2927. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf and Afghan voting `aye'. (7-0) City Council Regular Meeting Minutes Page 4 of 26 July 18, 2023 9.3 Ordinance 2929, A Special Ordinance of the City Council of the City of Lake Oswego Vacating the Public Interest in a Portion of Cherry Lane, Located Southeasterly of 1107 Cherry Lane Mayor Buck reviewed the Ordinance title. City Attorney Osoinach noted that this matter is a legislative decision, which is generally a policy decision that is within the discretion of the City Council. Applicable State laws are set forth in the staff report. She reviewed the hearing process as outlined in the staff report, including time limits for testimony. Next, she asked if there were any Councilors who needed to declare a financial conflict of interest. No declarations were heard. Staff Report Director Rooney explained that Assistant City Engineer Broadus would present the report as the hearing addresses vacation of a portion of right-of-way specifically related to a capital improvement project (CIP), the Hallinan Pathway Project. This vacation is a matter of "housekeeping", she noted: The City must clarify the right-of-way, even though this represents only a very small portion. Displaying slides (Presentation — Ordinance 2929, Vacating a Portion of 1107 Cherry Lane), Mr. Broadus noted that the objective is to better align the right-of-way with the road and the pathway. In accordance with ORS 271, specifically subsections 080 through 230, this hearing is the final directive for approval of the vacation. In providing background, he highlighted key dates. In June of 2021, with adoption of the previous CIP, a pathway program was included, of which the Hallinan Pathway was a part. Over a period of the next 16 months, Council awarded a contract for design and then directed staff to proceed to final design. In June, 2023, Council awarded the contract for construction of the Hallinan Pathway; construction is now underway. Following the noticing of abutting properties, no objections have been received. He touched on high-level aspects of the pathway project and provided location details (Presentation — p 5-8/11). Benefits of the vacation were highlighted: improved alignment with locations of public infrastructure, no future need for this portion of public right-of-way, and no substantial effect on the abutting property owner's market value. Therefore, staff recommends that Council enact this special ordinance. In response to Mayor Buck's questions, Mr. Broadus clarified the separate dedication process involving a small portion of the abutting owner's property and other aspects of the location maps. He confirmed that the pathway construction is currently underway. Councilor Wendland inquired about any additional requirements for the dedication, and Director Rooney advised that further Council action was not required. She discussed similar situations of unusual right-of-way alignments where the City had done clean-up. Mayor Buck opened the public hearing. Hearing no requests for testimony, he closed the public hearing. Councilor Rapf moved to enact Ordinance 2929. Councilor Mboup seconded the motion. A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland, Mboup, Verdick, Rapf and Afghan voting `aye'. Councilor Corrigan was not able to participate in the vote because of connectivity issues. (6-0) 8. COUNCIL BUSINESS City Council Regular Meeting Minutes Page 5 of 26 July 18, 2023 8.1 Resolution 23-28, A Resolution of the City Council of the City of Lake Oswego Affirming Public Necessity to Acquire Real Property for the Wastewater Treatment Project. Deputy City Manager Hooper advised that staff had previously requested a resolution of public necessity related to the Wastewater Treatment Plant (WTP) project, which Council had passed in December. The resolution now before Council asks for affirmation of public necessity for the project so that the City has eminent domain rights to acquire property for the project. Councilor Rapf moved to adopt Resolution 23-28. Councilor Mboup seconded the motion. A voice vote was held, and the motion passed,with Mayor Buck and Councilors Wendland, Mboup, Verdick, Rapf and Afghan voting `aye'. Councilor Corrigan was not able to participate in the vote because of connectivity issues. (6-0) 9.4 Ordinance 2928, An Ordinance of the City of Lake Oswego Amending LOC 50.03.002, 50.03.003, and 50.10.003 of Chapter 50 (Community Development Code) Establishing Psilocybin Time, Place, and Manner Land Use Regulations; and Adopting Findings (LU 23-0001); and Ordinance 2933, An Ordinance of the City of Lake Oswego Amending LOC Chapter 20 Establishing Psilocybin Time, Place and Manner Non-Land Use Regulations. Mayor Buck read the titles of both ordinances before the Council and called on City Attorney Osoinach to review the hearing procedures. She explained that these are companion ordinances: one a legislative land-use matter and the other a regular legislative matter. In this combined public hearing, Council would consider both ordinances. Noting that her review of the hearing procedure pertained to both ordinances, she distinguished the applicable regulations for both. Next, she outlined the hearing process, including time limits for testimony. Finally, Council members were asked to declare any financial conflicts of interest; none were declared. Staff Report Director Numanoglu explained that she is staff coordinator for the psilocybin time, place, and manner code amendment that Council would consider. With accompanying slides (Presentation Ordinance 2928 and 2933, Psilocybin Time, Place and Manner Regulations, LU 23 000), she highlighted background leading to the proposed ordinances (Presentation, p 2/19), also detailed in the Council Report (Ordinance 2928 and Ordinance 2933, Psilocybin Time, Place, and Manner Regulations — p 3-4/7). With passage of Measure 109 in November of 2020, the State legalized, regulated, and taxed the manufacture, sale, and administration of psilocybin for mental health purposes, directing the Oregon Health Authority(OHA)to license and regulate psilocybin services and the provision of services. Clearly, State rules do not allow retail sales or off-site consumption of psilocybin; only sale and consumption at a service center under the direction of a licensed facilitator is allowed. The OHA began issuing licenses in January of 2023, with cities having the option to adopt an ordinance that would temporarily ban psilocybin facilities, which Lake Oswego City Council did in December of 2022. Oregon Revised Statutes (ORS), however, require that such a banning ordinance be referred to voters at the next statewide general election, i.e., November of 2024, if Council does not repeal the ban and adopt psilocybin regulations. In accordance with the statute, the City is allowed to adopt"reasonable regulations" on the operation of psilocybin businesses (Presentation, p 3/19). Though such regulations are not specified, the ORS does set a 1,000-foot limit for any buffer requirements. The City's process to date was City Council Regular Meeting Minutes Page 6 of 26 July 18, 2023 outlined (Presentation, 4/19). At the time the ban was enacted, Council had directed the Planning Commission to consider additional reasonable regulations beyond the State rules. In three subsequent study sessions, the Commission involved an expert panel that included OHA and OHSU representatives and others, including Lake Oswego's Chief of Police, in efforts to identify all issues that might be associated with psilocybin. At a June 12 public hearing, the Commission voted 4-1 in favor of recommending the code amendments now before the Council. The process is now nearly complete: If Council approves the recommended amendments at this hearing and if the temporary ban on psilocybin facilities is repealed, these regulations would go into effect as soon as August 31. Next, she highlighted the primary concerns identified by the Planning Commission: (1) protection of children; (2) proximity and access of the use to certain types of businesses; (3) incompatibility with residential use; (4) access to weapons by clients; and (5) safety of the public after clients are released from administrative sessions. Moving next to the Commission's recommendations (Presentation, 6/19), she noted that the slide includes both land- use and non-land-use regulations, with the three non-land-use regulations shown in light-blue text. If Council chooses to adopt these regulations, it also would need to repeal the temporary ban on psilocybin facilities. The proposed regulations for psilocybin service centers and psilocybin production, as recommended by the Planning Commission, were next discussed (Council Report p 4-6/7). Starting with the land-use regulations, the recommendation is to allow service centers in all City commercial zones, with certain exceptions (Presentation, 7/19). For psilocybin production, use would be allowed only in designated industrial/industrial park zones I and IP, i.e., Southwest Employment Area and Foothills, where uses are comparable. Service centers and production facilities would be prohibited in solely residential zones, and both would specifically be prohibited as a home occupation. Addressing the importance of buffers, a series of maps was displayed (Presentation, 8-12/19). Notably, the Commission is recommending that Council require buffers more stringent than the 1,000-foot minimum distance from schools prescribed by the State; that buffer would apply also to production facilities, and a 1,000-foot buffer would also be required from licensed childcare facilities. After discussing several areas where service centers or production facilities might be situated, Director Numanoglu noted that Downtown was essentially not an option, although she pointed out limited areas in the industrial zone that might be feasible. The State statute does allow the option of requiring a maximum separation of 1,000 feet between service centers, and the Commission recommends that Council exercise that option. A maximum separation of 1,000 feet from production facilities is also recommended. Pointing to such areas, she deemed it unlikely that more than one of these types of businesses could be situated within one, but this would serve to further restrict where they might be sited. Other recommended land- use regulations and the related rationale were described (Presentation, 14/19): (1) Prohibit marijuana businesses, healthcare facilities, and residential uses from being in the same building as a psilocybin facility. (2) If a restaurant or any other business has a liquor license, the recommendation is to require a 500-foot separation between that and the psilocybin facility. This also addresses the issue of convenience in obtaining alcohol before or after the administration session that might further impair an individual. (3) Require that all manufacturing and growing for a production facility be conducted in a fully-enclosed building. Moving to the non-land-use regulations, Director Numanoglu highlighted three points (Presentation, 15/19) raised by the Planning Commission. Concerns were heard about a client leaving an administration session unsupervised and/or potential safety risks associated with transportation after the session. The Commission therefore recommended that the person should be released to a sober adult over the age of 21 following a session. A second recommendation is to prohibit clients from bringing or possessing any weapons on the premises during the treatment City Council Regular Meeting Minutes Page 7 of 26 July 18, 2023 session. This is in addition to the OHA rules requiring service centers to treat and maintain policies and procedures for the possession and storage of firearms and other weapons on the premises. Lastly, requiring liability insurance for both service centers and production facilities is recommended. This may further promote compliance with OHA and City regulations, since insurance companies would likely not offer insurance to businesses with violations or would raise premiums of those businesses. Finally, the Commission is very concerned that the full extent of the impacts of this type of use is not known, with Oregon being the first state to legalize psilocybin. Therefore, they asked staff to include a provision in both ordinances that states the intention to review the restrictions three years from their effective date. This would not preclude Council from reviewing them at an earlier or later date. It also would make the public and future business owners aware that the regulations would be reviewed after some time in use. This would ensure they are working as intended and identify any additional regulations that might be needed. Staff's recommendation is that Council tentatively approve both Ordinances 2929 and 2933, as well as direct staff to return on August 1, 2023, with an ordinance that would repeal Ordinance 2903, the temporary ban on psilocybin facilities. Questions of Staff Mayor Buck inquired about the rationale for specifying the 1,000-foot buffer between psilocybin facilities. Director Numanoglu recalled some Commission concerns about a concentration of such uses, where an area of the city might have a cluster of these businesses, potentially with greater impacts on that area. Mayor Buck noted that the various maps identifying 1,000-foot buffer locations had been helpful for Council; was a mapping available to show the impact of the 500-foot buffer from any businesses licensed by the Oregon Liquor Control Commission (OLCC)? Staff does not have such a mapping, Director Numanoglu advised, though they had discussed with the Planning Commission some obstacles to administering related regulations. Fundamentally, the City would need to be able to identify the many and varied OLCC-licensees and their locations at any time, which presents challenges. Referring to maps that showed the many areas where psilocybin facilities would be disallowed (e.g., Presentation, 8-9/19), Mayor Buck emphasized the broad range of OLCC-licensed businesses in the community and the limited amount of space that might remain. Councilor Wendland indicated he shared the Mayor's concerns about the extent of the regulations, which would eliminate a large portion of Lake Oswego for prospective psilocybin businesses. He asked for staff's perspective: Are there sufficient spaces available to offer a viable business opportunity? Do these regulations close too many windows for potential business owners? Director Numanoglu, noting the historic priority of protecting public health and safety, framed the question now before Council as: Is it necessary to protect public health and safety? This is for Council to determine, but staff had raised the concern, also. Because of the proliferation of restaurants throughout the city, the regulations might be very restrictive for people seeking a location for this type of business. If Council were to adopt the ordinance, Councilor Wendland asked, how would it apply if a childcare center subsequently wished to locate within 1,000 feet of an established psilocybin business? Staff had anticipated this possibility, Director Numanoglu advised. A provision in the code amendments states that if the psilocybin business had located legally, meeting all required buffers and other restrictions, it could not be rendered "illegal" by the childcare business later established within the 1,000-foot buffer. Councilor Rapf asked about any communication done with the Police Department regarding policing of two service center regulations: (1) requiring that clients be released to a sober adult at City Council Regular Meeting Minutes Page 8 of 26 July 18, 2023 least 21 years of age after an administration session and (2) prohibiting clients from bringing or possessing weapons during an administration session. Since Police or other City resources might be called upon, he asked if these costs had been explored. Director Numanoglu stated that had not been done. She had inquired about the storage of weapons, but pertinent Police and City staff members had not yet had the opportunity to address that. However, the Chief of Police participated in the work session where various anticipated impacts were discussed. She recalled the Chief being concerned mainly about impacts such as those seen with marijuana facilities, e.g., increased crime that could be associated with this additional cash-only business. In view of the OHA's extensive regulations regarding security, cash handling, etc., she had a sense that the Chief regarded those as essentially covering all feasible aspects of the issue. Councilor Rapf posed a question for staff, perhaps including City Manager Bennett: Can Lake Oswego, as a city, actually police these two issues? Director Numanoglu observed that the OHA rules require, for example, that a client is prohibited from operating a motor vehicle after an administration session. The business owner is not expected to physically detain such a person. However, the business has a reporting requirement as prescribed by the OHA. At City Manager Bennett's request, Chief Burke responded to the question. He anticipates the policing of these two issues to be very similar to policing of many other facilities within the city, as needed. Councilor Rapf observed that Council, in passing the earlier ordinance banning psilocybin and now revisiting time, place, and manner, had the intention of protecting people in need of mental health care. His question now, perhaps rhetorical, is about the Commission's intention in terms of identifying and protecting people through these regulations. He suggested that Council members be mindful of this as they consider the ordinances. In response to Councilor Mboup's questions about the location and status of a potential childcare facility in the Kruse Way/Boones Ferry area, Director Numanoglu described how it might be affected by the proposed regulations. She also clarified the participation of OHSU representatives on the expert panel in Planning Commission study sessions. Their participation in the panel did not represent OHSU's approval of the proposed program; their purpose was to answer questions and provide information to the Planning Commission before development of the code amendments was undertaken. Though he expressed continuing reservations about the use of psilocybin, Councilor Mboup commended the Commission's work, including their focus on public health and safety in the service center setting. Councilor Afghan's questions concerned recommendations in both the land-use and non-land- use categories. Recalling an earlier reference to prohibiting clients from bringing or possessing firearms during a treatment session (Presentation — 15/19), he asked about any terminology distinction between that language and the non-land-use recommendation "Prohibit possession of weapons during treatment sessions". Re-displaying the recommendations summary (Presentation — 6/19), Director Numanoglu indicated the intention had been to address the possibility of a person bringing a weapon to the session or of someone else giving it to them, whereby they would have it in their possession. Councilor Afghan asked if the City requires liability insurance for any other businesses, and Director Numanoglu stated it is required for any contractors working for the City. City Attorney Osoinach indicated, after talking with Deputy City Attorney Evan Boone, she believed that, in relation to the City's general code regulations and/or land use regulations, businesses are not typically required to possess liability insurance.As noted, however, it is required of people with whom the City contracts. Finally, Councilor Afghan inquired about the three-session process, with the actual therapy occurring at the third session. In view of that process, he questions the 500-foot buffer from a liquor store and the Planning Commission's related thoughts. Director Numanoglu indicated their concern, regardless of the "pre-sessions", City Council Regular Meeting Minutes Page 9 of 26 July 18, 2023 was largely about the potential for additional impairment of a client after receiving therapy. They had not discussed ways to prevent these individuals from bringing alcohol along with them. Mayor Buck asked if it was legal for a person holding an Oregon Concealed Carry Permit to take a gun into a bar. Chief Burke confirmed this to be permissible; the Police cannot regulate the concealed carry. However, properties can regulate what they allow on their premises. Councilor Afghan noted that the intent of his question had been to clarify the possession definition; his concern was that he did not want a police officer or member of the military with access to a gun to be denied this therapy. Mayor Buck opened the public hearing. Hearing no requests for testimony, he closed the public hearing. Referring to the land-use ordinance, Councilor Rapf voiced concern about the prohibition of a service facility being in the same building as a licensed health care facility. He preferred striking the words "licensed health care facility" because he views the psilocybin service center as such a facility. Director Numanoglu explained that the actual OHA rule is that the two categories of facility may not overlap, but are not precluded from being in the same building. The Planning Commission's recommendation is recognizably an effort to go further than the OHA rules on this regard, she noted. Councilor Rapf countered that he finds the language duplicitous. The 500- foot buffer from businesses with a liquor license is onerous and essentially unenforceable. Therefore, he recommends striking the related language. Regarding Ordinance 2933, he opined that Council should not pass it at all. The City is not able to police the related activities, nor is it the City's responsibility to do so. In his view, the businesses themselves should take on that responsibility. Mayor Buck expressed agreement. Recalling Council's discussion of psilocybin in December of 2022, Councilor Afghan observed that the intent was to provide another option for mental-health therapy. He commended the Planning Commission's work in identifying and addressing the risks. As he perceives it, the service facilities are another type of facility that will be restricted significantly by the state. Council's mindset must change from focusing on recreational uses and their related risk to recognizing the mental health issues that need to be addressed. With excessive restrictions, he cautioned, the City will also restrict its ability to advance mental-health therapy to the next"page". While understanding the risks that were identified, he suggested that Council must act now and remove certain requirements, such as a 500-foot buffer between the psilocybin and health care facilities. The psilocybin facilities will be tightly controlled, in his view. The City would always have the option to make requirements more stringent, but lessening the requirements would be much more difficult. As noted, this is a pilot program, and he urged his colleagues to enact it and then examine its effectiveness after three years' experience, as recommended. There may or may not be problems, but he wants to ensure the possibility of people getting help is not restricted. Mayor Buck opined that the time, place, and manner restrictions were intended to provide for the health of the community. Echoing the appreciation for the Commission's extensive work, he suggested that lack of understanding about psilocybin's therapeutic use has led to some mischaracterization of people who might seek this treatment. This may account for some time, place, and manner regulations that are so restrictive they could even impair community health by restricting access for people whose health might be improved by the treatment. People's viewpoints may evolve over time, but this must be recognized as something new. Some of the recommendations exceed the State's requirements; the 1,000-foot buffer from childcare facilities is an example that he sees as a reasonable compromise of sorts. On the other hand, the rationale City Council Regular Meeting Minutes Page 10 of 26 July 18, 2023 for the 500-foot limit from liquor-licensed businesses seems questionable, perhaps based on misunderstanding and mischaracterization. He concurred with Councilors Rapf and Afghan about removing the provision re: 500-foot limit/overlap with healthcare facilities. He opposes Ordinance 2933, regarding non-land-use regulation, in its entirety. He agrees that enforcement would be difficult and believes that many of the recommendations are already addressed in OHA regulations, which he finds to be extremely thorough. For operators, working with the OHA may be the primary challenge, because it appears to be easy for OHA to revoke the license. Councilor Verdick stated that she opposes enacting these ordinances because she is not comfortable with bringing psilocybin facilities to the city at this time. As other speakers have acknowledged, the full extent of the implications is unknown, including negative ones. It is a cash- based business, which has been associated with increased crime and other problems in the past. Living in a safe community is a very strong value of Lake Oswego residents, and currently there are too many unknowns. Failing to approve these ordinances does not leave residents with no access to psilocybin because it is available elsewhere in Oregon, perhaps in surrounding cities. Uncertainties include lack of FDA certification and the effectiveness of protocols meant to protect clients and others following a treatment session. There are too many risks, and she continues to withhold her support. Despite possible implications to the contrary, she does not oppose people seeking mental health. Rather, it would better preserve the city's quality of life to take a wait-and- see approach, observing outcomes elsewhere in the state for some period. In response to Mayor Buck's question, she confirmed that she also opposes rescinding the ban on psilocybin facilities as a matter of"playing with fire". Councilor Mboup emphasized the need for objectivity, with psilocybin use being a matter of science, but also of great controversy. Safety and public health impacts are involved, possibly leading to increased usage and crime in the wake of Measure 110. With reduced restriction of drug use, potential consequences of psilocybin are not known, even in neighboring communities. The Planning Commission's recommended distancing of service centers from childcare and certain other facilities provides some restriction, at least. He underscored the absence of peer- reviewed scientific research and lack of consensus available for Council to consider. Having at least observed the ban, he observed, Council knows that its work now is seeking to lift that ban. However, his major concern is the potential risk of psilocybin misuse, diversion for recreational purposes or sale on the black market. Effects on the City's police department are also not known and may be significant. He concurred with Mayor Buck that the sale of alcohol, which is legal, causes far more negative effects on the human body than various drugs and other substances. Nonetheless, he indicated this does not justify still more severe restrictions with psilocybin. His only reason for endorsing these recommendations is to reflect the will of the people represented by City Council; a majority of citizens support repeal of the existing ban. His reservation, he indicated, is that people make claims about psilocybin's historic uses and health benefits without any scientific evidence; they may also see it as a means of advancing their own interests. Reiterating the importance of the community's desire for legalization, he believes that the Commission's recommended restrictions should be applied; this must be done carefully. He expressed sympathy with Councilor Verdick's position. Councilor Wendland requested clarification on several points, noting the challenge of weighing alternatives in terms of public health. Director Numanoglu confirmed that the cash-based psilocybin business involves selling of a controlled substance that is monitored the same as a drug would be, i.e., only be sold only to an authorized person. She differentiated this from sales of marijuana, emphasizing the chain of specific controls for psilocybin, from growing to manufacture to waste disposition. As a cash-only business, it cannot be controlled from a financial City Council Regular Meeting Minutes Page 11 of 26 July 18, 2023 standpoint. At this time, it is not known if they will be treated any differently than a marijuana business, for example. The distinction is that the manufacturing and service centers are not open to the general public. She suggested that how transactions were handled at the service centers, too, could present more possibility of crime. Recognizing the extensive collaboration involved with the time, place, and manner restrictions, Chief Burke stated that many of the public safety issues had been addressed. The cash-only aspect is concerning, and he intends to observe how it unfolds in practice. Councilor Wendland likened the Planning Commission's approach on this to the Airbnb-versus-short-term rentals issue, which also had many regulations. He expressed appreciation for their conservative approach, but indicated he was not yet certain of his position on the ordinances. Mayor Buck opined that the land-use regulations as proposed are very restrictive; like Councilor Afghan, he perceives the three years after enactment as a sort of test period for examining effects. In response to Councilor Wendland's additional questions about effects of licensing and zoning changes, staff addressed potential effects on facility operators. Councilor Corrigan opined that Council, out of well-meaning and compassionate hope, was taking the wrong approach. This issue is very close to her heart, as she knows many sufferers, past and present, of treatment-resistant depression and post-traumatic stress. Her concerns on this issue are based on her own science background, reading multiple studies, and on many personal conversations with people who have consumed psilocybin. Among her serious reservations, she believes this is outside Council's circle of competence. While the studies are encouraging, they are neither large nor substantive clinical trials. Background requirements for the facilitators would be insufficient, as well. She cited Measure 110 also as well-meaning, but it has not materialized as anticipated. Based on what she has learned about some users' experiences, she is not sure the proposed regulations are even compassionate. There is no guarantee of a positive result: Some people will be helped and others will have a horrific experience. Further, she is not at all sure that adequate controls will be in place for protecting the people of Lake Oswego. Portland will likely be a better source of these services, e.g., offering access to medical or other facilities with more experience in such services; with their larger police department, they will be better prepared to address issues. Finally, she shares Councilor Mboup's concern about issues with drug manufacture. As a cash business, there is potential for sales to people outside the system, resulting in serious difficulties for the city. Oregon is the first state to approve legalized use and regulation of psilocybin, and she does not believe Lake Oswego is ready to proceed. After learning from other jurisdictions, the City can revisit this and take action. She reiterated her opposition to approval at this time, and her desire to maintain the ban. Acknowledging his lack of scientific credentials, Councilor Rapf advised his colleagues that peer- reviewed psilocybin research has been significant, contrary to earlier observations. For example, his Google search produced numerous references, including links to studies by the National Institute of Health and Johns Hopkins. Secondly, he referenced a couple of points heard earlier to the effect that Council should not proceed because they are not certain that psilocybin works. He asserted that neither cognitive behavioral therapy nor pharmaceuticals work 100% of the time. So, to deny this treatment because it does not work 100% of the time is unacceptable to him. Councilor Afghan concurred that many peer-reviewed studies on the benefits of psilocybin can be found, and they provide scientific proof that it does work in certain conditions, though it is not FDA-approved. Another issue: An 18-year-old can buy a gun, but a patient with no other option for accessing this therapy cannot do so, which is troubling. He contrasted the naturally-produced psilocybin to the pharmaceuticals business, based on synthetic and chemical products. Council's decision is between allowing or prohibiting something that may be right for certain individuals. A person with mental-health problems that are not relieved by other therapies or medications will City Council Regular Meeting Minutes Page 12 of 26 July 18, 2023 be prohibited from helping himself. This is not government's job, in Councilor Afghan's opinion; people should be able to do anything they wish with their bodies, so long as they do not hurt or impact anyone else. In this case, the State of Oregon has placed comprehensive restrictions on all phases of the process. For Council now to be fearing a lack of control is not rational, in his view. Instead, people should not be prevented from getting the help that is available. Since it is not yet insurance-approved, the business opportunity may be so limited that Lake Oswego will not be a viable place to operate, he added. Councilor Rapf moved to amend Ordinance 2928 to strike the mention of licensed health care facilities and remove the 500-foot buffer from businesses with liquor licenses. Councilor Afghan seconded the motion. Councilor Mboup expressed concerns that, although some Council members wished to allow psilocybin sales, the scientific evidence to support the use is not yet sufficient. Contrasting it with other activities and substances, he emphasized that evidence related to psilocybin is simply not known. Therefore, he would not support the motion to strike any language that the Planning Commission had recommended for implementing restrictions. The only reason he would vote in favor of their recommendations is that they reflect the decision of Lake Oswego residents, the majority of whom voted in support of allowing psilocybin use. He would continue to have reservations, but urged respect for each other's varying viewpoints, as well as for the science. In addition, he called for further Council discussion of the 500-foot buffer referenced in the motion. Mayor Buck framed the issue, as he perceived it, to be that Councilor Mboup supports psilocybin use because a majority of Lake Oswego residents voted in favor of it. The concern with Ordinance 2928 is that, without the amendments, it constitutes a functional ban on the use; no one will be able to open a psilocybin facility with all the regulations. Those in support of this motion to amend are not proposing removal of all additional regulations recommended by the Planning Commission; essentially, only the most onerous one would be removed: the buffer requirement of 500 feet from a facility licensed to sell liquor. With the large number of OLCC-licensed locations in the city, this would preclude anyone from opening a psilocybin facility. A host of other regulations added by the Commission would remain, allowing for only very minimal use. If Councilor Mboup wished to support having the use available, he should support the ordinance as amended. Councilor Mboup denied that he supports allowing the use. Rather, he recognizes the fact that a majority of Lake Oswego residents do support it; as their representative, he indicated, he believes he is bound to support it. Intellectually, however, he believes the use has not been vetted seriously enough to merit availability in the market. Sufficient controls on the proposed sellers might make it acceptable, but he questions the reason for adding the 500-foot buffer requirement. As reflected in the record, Mayor Buck observed, some Council members are concerned about the proximity of alcohol after certain patients have completed a therapy session. Councilor Mboup acknowledged that the two should not be mixed, as Council is already aware. Mayor Buck reiterated his belief that the recommended regulations would severely restrict psilocybin use and expressed hope that they also would ease many concerns about the unknowns. At the same time, an ordinance is provided that allows for the use, however minimal it may be. He expressed his objection to comments heard about allowing other cities to provide these services instead of offering them in Lake Oswego. It was suggested that other cities might be better situated to do so, but the reason(s) was unclear. In his view, a need to go elsewhere would be a disservice to Lake Oswego residents. City Council Regular Meeting Minutes Page 13 of 26 July 18, 2023 Councilor Corrigan noted the extreme difficulties with the phone connection during her remote participation. Given that she and Councilor Mboup are unable to be physically present at this meeting, she asked about deferring the matter to a later meeting. Procedurally, City Attorney Osoinach explained, that was possible. However, she reminded Council that a majority vote at this time in favor of the amendments would be only be a tentative approval. Noting the tight constraints of the Council calendar, she reiterated that Councilors Corrigan and Mboup would have the opportunity to weigh in on the land-use portion in person on August 1. In brief additional discussion, Councilor Corrigan emphasized the importance of this issue and how her current technical difficulties impede her ability to make the best decision. Mayor Buck acknowledged her request, and then called for the vote. Councilor Mboup requested clarification of the motion. In response, Councilor Rapf observed that it pertains only to the land-use amendments, specifically, Ordinance 2928, where language would be struck as described in the motion. A roll call vote was held, and the motion failed, with Mayor Buck and Councilors Rapf and Afghan voting 'aye' and Councilors Corrigan, Wendland, Mboup and Verdick voting 'no'. (3-4) Mayor Buck asked if any change to this motion would change the vote of Councilors who voted 'no'. Councilor Mboup indicated he would change to 'aye' if it reflected the ordinance language exactly as recommended by the Planning Commission. As Director Numanoglu indicated, there will be sites for these businesses, if only for a few, and City restrictions would be needed. The Planning Commission did the due diligence, and their recommendation should be voted on. Councilor Wendland shared Councilor Corrigan's view that Lake Oswego perhaps should not be first to undertake this implementation; some other new undertakings in Oregon had not gone according to plan, he recalled. Philosophically, he appreciates the basis for making this available and favors helping people. The"start-up" nature of this is the main reason for his hesitancy. Mayor Buck asked if his hesitancy was related more to the whole issue, and not so much to the time, place, and manner regulations. Councilor Wendland affirmed that he largely endorsed those regulations as proposed by the Commission. Although he finds them somewhat too restrictive, he believes they are based on the right intention: to protect a variety of people in Lake Oswego. Mayor Buck moved to tentatively approve Ordinance 2928, and direct staff to return on August 1, 2023, with the final version of the ordinance, including findings and conclusions for LU 23-0001. Councilor Afghan seconded the motion. Mayor Buck acknowledged the hesitancy among some Council members. While he believes that he and Councilors Afghan and Rapf see it as beneficial, others are not on "the same page". An incremental step forward, he opined, is better than no step forward. While he believes these regulations are restrictive, he appreciates the fact that they can be reviewed by Council. If businesses are finding them so onerous that they cannot even open a facility, Council can consider them further at some later date. A roll call vote was held, and the motion passed, with Mayor Buck and Councilors Mboup, Rapf and Afghan voting 'aye' and Councilors Corrigan, Wendland and Verdick voting 'no'. (4-3) Councilor Rapf moved to tentatively approve Ordinance 2933 as written, and direct staff to return on August 1, 2023, for enactment. Councilor Afghan seconded the motion. City Council Regular Meeting Minutes Page 14 of 26 July 18, 2023 City Attorney Osoinach clarified that this motion was intended to approve the non-land-use ordinance, and Councilor Rapf stated that was his intention. Mayor Buck declared that he does not support the non-land-use ordinance. He believes the regulations are unnecessary and would be virtually impossible for the City to enforce. Additionally, restrictions are provided already by the OHA regulations. Councilor Rapf concurred, emphasizing that he does not want to increase stress on City staff, notably Police. As a proponent of small government, this ordinance does not make sense to him. Councilor Mboup opined that no additional burden would fall on City staff by accepting this recommendation of the Planning Commission. It is the cash basis of the business that could generate more Police work, not this matter of regulation. He supports the motion to approve Ordinance 2933 as recommended by the Commission. A roll call vote was held, and the motion failed, with Councilors Wendland, Mboup and Verdick voting 'aye' and Mayor Buck and Councilors Corrigan, Rapf and Afghan voting 'no'. (3-4) Councilor Wendland sought to confirm with Councilor Corrigan on her 'no' vote on Ordinance 2933, and that she understood the effects of enactment. She stated that she did not understand, and then requested clarification. Mayor Buck called for a brief recess at 6:15 p.m.to enable the City Attorney to consult necessary rules of procedure. He reconvened the meeting at 6:22 p.m. City Attorney Osoinach, having consulted Robert's Rules of Order, explained that Councilor Corrigan would have been allowed to change her vote up until the result of the vote was announced. Since the result in this case had been announced, a second rule applies: If all members of the body, i.e., Council, consent unanimously to grant a change allowing Councilor Corrigan to vote, it would be permissible. This requires a motion whereby the unanimous consent must be granted without debating the merits of granting it. If there is unanimous consent, then Councilor Corrigan could change her vote. Mayor Buck moved to allow Councilor Corrigan to change her vote. Councilor Afghan seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick and Afghan voting 'aye' and Councilor Rapf voting 'no' (6-1). Mayor Buck announced that the motion did not pass unanimously. Councilor Wendland asked for clarification about an ORS statute that would supersede Robert's Rules of Order here. City Attorney Osoinach confirmed that State statutes indeed trump Robert's Rules. Next, Mayor Buck moved to allow Councilor Corrigan to change her vote. Councilor Afghan seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Wendland, Mboup, Verdick, Rapf and Afghan voting `aye'. (7-0) City Council Regular Meeting Minutes Page 15 of 26 July 18, 2023 Mayor Buck inquired of Councilor Corrigan how she intends to vote on the motion to tentatively approve Ordinance 2933, and direct staff to return on August 1, 2023, for enactment. Councilor Corrigan confirmed her vote as `aye'. City Recorder Linder announced that, with Councilor Corrigan changing her vote to `aye', the motion passed (4-3), with Councilors Corrigan, Wendland, Mboup and Verdick voting 'aye' and Mayor Buck and Councilors Rapf and Afghan voting 'no' (4-3). Mayor Buck moved to direct staff to return on August 1, 2023, with an ordinance repealing Ordinance 2903 (banning psilocybin facilities). Councilor Rapf seconded the motion. A roll call vote was held, and the motion passed, with Mayor Buck and Councilors Wendland, Mboup, Rapf and Afghan voting 'aye' and Councilor Verdick voting 'no' (5-1). Councilor Corrigan did not participate in the vote because of connectivity issues. Mayor Buck thanked his Council colleagues for their efforts to work cooperatively in discussing this matter, even though there was disagreement on it. He added special thanks to Director Numanoglu and Chief Burke for their work. Mayor Buck announced a Council recess at 6:26 p.m. At 6:46 p.m. Mayor Buck called the Council back to order. 10. STUDY SESSION 10.1 Library Visioning Process Findings and Recommendations Library Director Kelly introduced her co-presenter, Mr. Clanton, and reviewed their presentation format. With accompanying slides (Presentation — Library Visioning Process Recommendations — p 2/35), she outlined their topics. Noting the community's lengthy history of library expansion efforts preceding this one, she referred Council to the related detail accompanying the Council Report (Library Visioning Process Recommendations). In 2022-2023 efforts were stepped up (Presentation, p 3/35): (1) A City Council Goal was set to begin the process of addressing the Library's long-term facilities needs. (2) Staff and the Library Advisory Board (LAB) developed a scope of work for a community visioning process to support the Council Goal; the City hired BerryDunn, a consulting firm specializing in library community engagement and strategic planning which has subsequently partnered with other key experts. (3) In December of 2022 the proposed engagement process was presented to Council and approved. In support of the Council Goal to lead the visioning process and implement a strategic plan, staff has proceeded accordingly in 2023, identifying three visioning project goals: to create a shared community vision for the future of the Library; to understand residents' current and future needs for library services, facilities and amenities; and to determine the library's role in addressing community challenges and meeting emerging needs. Mr. Clanton continued the presentation, describing the multi-faceted nature of the community engagement, which focused on reaching both library users and non-users throughout the city (Presentation, p 5/35). He highlighted the level of engagement in various categories (Presentation, p 6/35), e.g., nearly 3,000 people taking part in the online survey, with a response rate that was higher than any in BerryDunn's experience. Considerable effort was made to ensure that all community input sources reflected the targeted populations, with age demographics and City Council Regular Meeting Minutes Page 16 of 26 July 18, 2023 all areas of the city represented. The community task force, he emphasized, played a key role. Representing a broad geographic cross-section of the community (Presentation, p 7/35), they helped with both processing the information received and with developing a vision that can help guide the Lake Oswego Public Library (LOPL) going forward. Engagement Findings (Presentation, p 8-9/35) corroborate the initial findings on community challenges and access barriers shown in his report earlier in the year. Common themes recurred with community preferences and priorities: a library that meets their needs, situated near to them, with spaces for gathering. For example, children and teens want spaces where they feel welcome, with activities desirable to them. The current facility is sorely lacking in such spaces. Significantly, feedback also reflected that collections remain very important to the community indicated a clear desire for strong virtual and electronic offerings that continue to be enhanced. A key deliverable of the process is the Vision Framework (Presentation, p 10-12), as well as the substantive review and analysis of the data collected from the community (Council Report, Attachment 3). In order to provide the City with a useful tool, the team worked collaboratively with the community's Library Visioning Task Force to develop the Vision Framework, which serves as a collective vision for the LOPL. Highlights of the Framework were identified (Presentation, p 11-12/35): Values, i.e., what is important in the community's library: It is a library for everyone, offering access, welcome, inclusivity and services valued by residents. It is a learning hub for all, helping to educate residents at all stages of life. It anticipates unknown needs of the future by being flexible and innovative enough to implement the population's demands for those new technologies, services and collections. Clearly, it is an important and natural place to build community, facilitating many aspects of connection to Lake Oswego. A major component of the vision for LOPL, he stressed, is for it to be identifiable with the community of Lake Oswego. It is a cornerstone of civic life, as a source of trusted information and as a place for discourse on operation of the democracy. Also laid out in the Framework are important concepts for the library's future. While also including elements of the engagement, these are deemed important library concepts by the community and by the task force: Inclusivity is extremely important, in terms of welcoming atmosphere, but also ADA accessibility and a location proximate to residents. The library should be a community hub supporting lifelong learning. It should be a trusted source in a changing world, a place offering impartial and truthful information moving forward to the future. Modern, collaborative facilities and modern services are an important part of that future, in contrast to some the deficiencies of the existing LOPL. Recalling conversation at a Visioning task force meeting, Director Kelly noted the importance of the library to the school system and to supporting how students are learning. The task force believes spaces for student collaboration, as well as for intergenerational collaboration, will be an important aspect of library facilities. Mr. Clanton agreed, adding that compelling feedback from participants in this process showed they view the LOPL as something they can rally around and identify with, building a strong community connection. Finally, the Vision Framework identified desirable library attributes (Presentation, p13/35). Significantly, these relate largely to the physical facility: convenient, multi-modal physical access for all residents, in terms of proximity, dealing with disability or otherwise struggling to feel welcomed. In addition, the Framework calls for designing spaces that are flexible in terms of their use now and adaptable moving into the future. It is also important to incorporate environmental sustainability in both designs and implementation. Lastly, in addition to desiring a physical library, virtual access to the electronic library was a point of emphasis. Feedback consistently called for an easier-to-access website, continued investment in e-books and e-materials, and ongoing enhancement of those services and collections. There is definite demand for both forms of access in the community. At Director Kelly's suggestion, Mr. Clanton expanded on the significance of multi-modal physical access and reaching out to people wherever they are in the community. In addition to the current bookmobile Library Rover program, potential opportunities include service outposts and book City Council Regular Meeting Minutes Page 17 of 26 July 18, 2023 drops. A focus group with the senior community, for example, elicited gratitude for mobile library visits to their residential community, i.e., reaching residents where they live. Key findings of BerryDunn, as presented at the prior Council meeting, were highlighted (Presentation, p 14/35) by Mr. Clanton: (1)The Library is loved and valued by the community, as voiced in the many positive comments. (2) The feedback indicates that universal accessibility is a strategic imperative. Currently, half of the community lacks satisfactory library access; people near today's library have excellent access, but the entire western part of the city lacks that proximate access. (3) As noted in the Vision, the Library is a place that facilitates community cohesion and resilience, a way to form a community identity for the City of Lake Oswego. (4) An expanded library footprint that serves westside residents is important. (5) The current facility will need renovations and upgrades in order to meet 21st Century library service expectations. As an old building, it will require updated systems and seismic retrofitting. The City will have to address these and other needs, regardless of Council's choice on how to proceed. Displaying a map of the city, he reminded Council that the current library location, with the lake precluding a central service model, is not meeting the community's needs. Feedback about the excessive time commitment for people on the west side of town (approximately one hour for the round trip) has been identified as one of the biggest barriers to access. Based on the Vision Framework report, the consultant team had developed very preliminary recommendations (Presentation, p 16-19), Mr. Clanton continued. In collaboration with City staff, next steps were then developed, based on the extensive feedback received. Three distinct service models formed the core of an approach seeking to enhance the services and spaces that comprise the existing library, while increasing the proximate access of residents to library services. Those three service models were described. Model A, recommended by the consultant team, calls for addition of a second full-service library and required renovation of the existing library, as described. Modern amenities can be provided at both libraries, with sufficient collection space at either library. Model A is their preference because it offers the same breadth of library services to the entire city. This would create community cohesion and advance the community identity, as discussed. Model B, perhaps for affordability or other reasons, would not entail two "sister" libraries. It would replace the existing library with a larger, more centrally-located facility, supported by service outposts and mobile services. Bringing library services to areas of the city that are not proximate to this facility is important; it also offers residents of those areas some level of improved benefit. The model would provide many of the desired amenities, along with the excellent collections spaces and improved parking and pedestrian access mentioned often in the feedback. Model C also calls for renovation of the existing library, as opposed to building a new facility. The renovated library would be supported by strategically-located service outposts and mobile services to serve the other areas of the city, i.e., those not proximate to the existing library. With this model, some of the modern amenities requested by the community could be added, e.g., café spaces or educational play areas. However, it is important to understand that this would be at the cost of the physical collection, which would have to be reduced. He reminded Council that the physical collection was found to be one of the most important and appreciated aspects of the current library. Regardless of the Council's choice of the model to pursue (A, B, C or some variant of one of these), Mr. Clanton outlined very basic next steps that the team recommended be taken (Presentation, p 20/35): (1) Preliminary cost estimates must be developed, with more detail about what would be included in each model. (2) Public engagement must continue, both to obtain further input on the model and to generate community support for moving forward. (3) Once an option is chosen, funding options need to be explored. (4) Polling of residents should be conducted in order to assess their level of support for the project. (5) The proposal must be City Council Regular Meeting Minutes Page 18 of 26 July 18, 2023 determined in alignment with the community's desires and with what will be supported by the community. Director Kelly called for any Council questions of Mr. Clanton. Councilor Afghan asked if there had been any information gained as a result of his suggestion to speak with college students about their perspective on library design. Mr. Clanton did not recall any specific interviewing of college students; however, college representatives were included in the community partners interviews. Councilor Afghan also asked about the south side of the city, wondering if the same challenges had been identified there as on the west side, and Mr. Clanton indicated that was the case. Councilor Afghan followed up on his request from an earlier meeting, asking that the team coordinate with the School District to get high school students' perspectives on library needs. Director Kelly advised that the Library will be represented at several "back-to-school" nights this fall', providing an opportunity to obtain additional feedback from students in several age groups. The Library Teen Advisory Board has also been interviewed. Some active youth members of the LAB have provided a significant amount of feedback throughout the process, including key insights about how the library can support students as they move through the school system and beyond. Councilor Wendland inquired about any examples the consultants had encountered across the country where the library was considered as one of a city's services, rather than a standalone entity. This or other"out-of-the-box" thinking about libraries could help guide the City over the next 50 years. In any community, Mr. Clanton observed, the community must identify the roles their library will play. The range of those roles is vast, with a combination that is unique to the demands of each community. The greatest diversity is being seen in the realm of social services and how people expect libraries to help to make those connections. Increasingly, libraries are involved with special events and outdoor education spaces. Overlaps are now being seen with traditional community and special events, and sometimes parks and recreation services. Most importantly, the services provided by the library are unique to the community and must be maintained as such. Proceeding with the presentation, Director Kelly advised that staff had reviewed BerryDunn's findings and recommendations and then conducted additional analysis of the service models.This included developing more-detailed concept descriptions (Presentation, p 21/35), such as square footage, amenities, operating hours and staffing levels. Though not a deep study, it enabled staff to estimate, to some degree, the feasibility estimates for Council, both operational and capital. Concurrently they assessed the strengths and weaknesses of each model, as compared to the needs and vision heard from the community. Through this process and the very high turnout of participants, staff is confident there is a solid sense of the community's vision for the library. A community's investment in its library, she opined, reflects the community's values and vision regarding its intellectual life. She cited a recent release from the Public Library Association, Public Library Services for Strong Communities Report. This showed much correlation with Lake Oswego's findings: Libraries are a cornerstone of civic and social infrastructure that supports strong communities. Strength in core areas, such as literacy, education, civic engagement, and public access to information sources, is a core value of this community. Also, lack of investment in infrastructure was found to hinder library services and access. The report indicated that 40% of library buildings have not undergone major renovation in over two decades, as in Lake Oswego's case. In contrast, libraries that have renovated their public spaces in recent years are focused on creating or updating programming and meeting spaces. This suggests a continued orientation for libraries as vital social hubs and learning centers; investment in infrastructure and staff is critical to ensuring the broad range of library services that support strong, resilient communities. This correlates to the community input and desires heard through Lake Oswego's visioning process, she noted. In reviewing the three models, staff had identified potential City Council Regular Meeting Minutes Page 19 of 26 July 18, 2023 variations of Model A, the consultant team's recommendation (Presentation, p 22/35). Model Al would provide two sister-sized libraries; Model A2 would have one main library, with the existing library being the larger, and a branch library; Model B would provide one main library, a new and larger facility in a different location from the present one; Model C is a remodel of the existing library. The community engagement results highlighted the continued focus on providing collections and programs, and adding 21st Century services and amenities. As discussed by Mr. Clanton, another is future-proofing, i.e., designing for flexibility in anticipation of needs changes over time. That focus, she noted, links closely to the values identified by the task force in the Vision Framework, and supports the desire for spaces that facilitate important community values. Requested amenities include café-style space for gathering and studying at the library, an educational play area for children, flexible multi-purpose meeting and event space, an improved teen area, makerspace and updated technology. In terms of preparing the community to achieve that vision, she differentiated strengths and weaknesses of these four models. Reiterating Mr. Clanton's point about the importance of proximate access across the community, Director Kelly noted that the city's population size may not dictate the need for two library locations. However, its geographic layout seems to substantiate a community desire for multiple locations. In considering the four proposed service models further (Presentation, p 23/35), Model A2, with two sister libraries, would deliver on the vision. However, it is not an affordable option. While offering a smaller second facility, it provides proximate access to westside residents, which the consultants identified as a key component for achieving the vision. Models B and C were described, both in terms of fulfilling the vision and lesser capital considerations. However, add-on outposts were recommended for both of these single-library concepts. Models Al, A2 and C, calling for renovation of the existing library, would require seismic retrofitting, along with improved parking and pedestrian access. In her view, the current site is better suited to the traffic levels of a branch as opposed to a main library. All four of the proposed models would be supported by strong mobile and virtual services (Presentation, p 24/35). Residents would be served by unstaffed kiosks, perhaps including hold lockers, closer to their homes. More robust virtual services would be provided. For the single-location service models (B and C), it is strongly recommended that a staffed outpost be sited strategically to provide the significant resource offered by library staff. Feasibility estimates (Presentation, p 25/35)were produced with guidance from experts in library architecture, construction management, local commercial real estate and others. Based on their input, average cost per square foot was estimated at $850 for new construction and at $600 for renovation. Given some of the variables involved, construction experts had recommended the higher end of the range (20-30%) in estimating soft costs as a more conservative approach. Contingency of 15% and escalation of 6% per year were assumed. Average cost for purchase of land in Lake Oswego was estimated at$76 per square foot, and the average base rate for property lease at $42 per square foot annually. For each of the proposed concepts, capital cost ranges were reviewed (Presentation, p 26/35). Model Al, with both the new and renovated library facilities, involved two ranges and the highest capital cost. Model A2, at lower capital costs, is notable in its lease variation for being only modestly higher than Model C's costs. Model B, entailing a land purchase and new library build of approximately 60,000 square feet, shows high capital costs, but it does assume sale of the current library. Model C includes remodel costs for the current library. Both Models B and C would include the option for a leased outpost, which would add $500,000 to $1 million for tenant improvements to lease that space, plus additional operating costs. Operational cost ranges for the four models (Presentation, p 27/35) were reviewed. Addition of a sister library, she noted, would add 60-70% annual to operational costs. Model C would have the lowest operating costs because it would require only a modest staffing increase of 1.5 FTE for bookmobile services and City Council Regular Meeting Minutes Page 20 of 26 July 18, 2023 providing materials to the outposts. Corresponding bar graphs (Presentation, p 28-29/35) provided an alternative look at these costs for the models. Moving to staff's recommendations (Presentation, p 30/35), Models A2 and C are seen as most feasible in terms of the financial costs of capital and ongoing operations. Of the four models, A2 is likely the most supported politically as viable, based on the visioning process: It provides access to the southwest side of the community and maintains access to the current library. Alternatively, Model C is a feasible option that staff recommends exploring further. Adding a service outpost option would increase the support and appeal of Model C, she believes, because it would create the proximate access to physical library spaces for areas currently located some distance away. Staff's recommendation is for Model A2 (Presentation, p 31/35) because of its service offerings. It provides greater access, more square footage and amenities and a larger physical collection. Model C is least desirable in terms of offerings: It does not increase square footage unless the outpost is added, and that would be a minimal increase at the expense of the physical collection; the staffed outpost, however, could expand access. She recalled that, if money was not an issue, the LAB and Library Visioning Task Force members would regard Model A as ideal. Clearly, LAB supports the models that deliver the most access and service offerings to the community. Their members expressed concern about Model C as a long-term solution, and asked that Council be made aware of this. That model does not go far enough to address the visioning input nor does it deliver sufficient value for the money. While addition of the outpost made it more palatable, Model C remains their least-preferred option. The Visioning Task Force had seen these model options at an earlier stage of their development, without associated costs. They agreed that, if money was not an issue, Model A-1 best represents the ideal future for community library services. Since money indeed must be considered, staff recommends that Models A2 and C be explored further; more detailed concepts and cost estimates would then be brought to Council for consideration (Presentation, p 32/35). In considering their recommendations, the LAB had revisited a book they read as a group in recent years, Palaces for the People, subtitled How Social Infrastructure Can Help Fight Inequality, Polarization, and the Decline of Civic Life. It addresses libraries and other social spaces and their importance in communities. LAB members felt it would be timely to share the book with Council, and with a donation from the LAB vice chair, Patricia Walls, copies had been purchased for all Council members, to be presented later in the meeting. Director Kelly opined that the book offers powerful examples in support of the values voiced by the task force. It might advance people's understanding of libraries' importance, both in times of change and every day, in many ways. Mayor Buck asked if, after the task force recognized Model Al as financially infeasible, they might have had a more feasible option than Model C, which they seemed to dislike; perhaps there was an option they actually preferred. Director Kelly did not recall any such preference, noting that the task force was not charged with making a recommendation to Council on a chosen model. Their role was to weigh in on the matter, after which staff would receive direction from Council and then report back to them. Throughout the visioning process, Mayor Buck noted that location was a very significant aspect. While there is real need for more services, more centralized to the city's population, there is also real apprehension about moving the main service away from its current location. Director Kelly acknowledged that there had been comments about this, with many not wishing to leave the current site. These comments underscored the value of the current library as having much remaining life in it, while also being a very important part of the lifestyle in this area of town. On the other hand, there were also numerous people who did not feel this was the ideal location. As to any geographic patterns to these responses, she acknowledged there was correlation. However, even residents not proximate to the existing library recognized it as a City Council Regular Meeting Minutes Page 21 of 26 July 18, 2023 fine library and a good value. The community does not want to lose that; they simply want more access for those who do not currently have proximate access to all the fine services of the library. Mayor Buck commended Director Kelly and her team for the very strong bonds they have promoted between the community and library. The visioning process, with its broad range of participants and very high response rates, corroborates the library's iconic role in the community. That role also presents challenges as people try to reconcile it with changes. Other opportunities to promote connectivity between facilities in the community are involved, too, e.g., resumed discussion of a potential circulator that could enhance transportation between certain sites. Potentially, this could be an alternative to multiple library outposts by connecting people with services. The visioning information now before Council conveys a need to consider seriously how the library function can be more physically connected to the population center and to other community functions. This may be a key element of the project funding, as well. Mayor Buck called for any questions of Director Kelly, reminding his colleagues of the need for Council discussion on how to proceed. Councilor Rapf commended the team's extensive work in exploring the community's vision for the library. However, as a matter of fairness, Council should not allow their work to continue unless there is consensus to send this to the voters for funding. It is now time to discuss that one and only issue: whether or not Council is willing to ask voters for the funding. Councilor Wendland concurred, echoing appreciation for the team's hard work and the strong community engagement. He reflected on slow library decision-making over the years. In considering the proposed concepts, he did not favor Model C because it is essentially a remodel that does not resolve anything. Tonight's discussion should instead be about the appetite for spending money. The feedback had indicated a desire for additional services and supporting facilities, notably those addressing mobility issues, akin to Amazon Prime but with no fee. Director Kelly addressed his questions about other potential mobility models. Councilor Wendland referred to feedback indicating that weekly library opening hours, i.e., 54 hours, were not sufficient. In addition to the big-picture capital plan, he suggested that an interim plan is needed to bring mobile and other library services up to date. This may also help to better understand needs for space and services with a two-library model. Before providing direction on a preferred model(s), he indicated Council would need more time to digest this information and to have a more robust discussion. As Council Liaison to the LAB, Councilor Mboup noted his high regard for the LOPL's work in meeting all standards of an accredited library. In addition, it a great place for the community. Along with Councilor Wendland, he had visited a Hillsboro Public Library facility. Though Hillsboro's population is much larger than Lake Oswego's, it consists of two libraries: (1) their traditional library transformed into a modern hub; and (2) a large central facility that houses a beautiful and functional new library. Such a library can be built here, he believes, recollecting effective modernization of the library at the Georges Pompidou facility he had seen in Paris recently. He strongly supports building a new library, but does recognize the money issue. Another dilemma is the location for a new library that, ideally, can serve everyone, which requires putting the funding before voters. The visioning process has convinced him that the community supports having that proposal brought forward, in the form of one preferred option. Many people oppose Model C, and though the alternative option is expensive, it is justified as a learning center. The community deserves a modern library, and a quick decision is needed from Council. The current library does not reflect the values of Lake Oswego. All team members were thanked for preparing these recommendations, which he supports. City Council Regular Meeting Minutes Page 22 of 26 July 18, 2023 Mayor Buck noted that it is clear to Council members that the current path regarding the library cannot continue. It also is clear that the City has a large number of capital projects underway, some not yet started. These financial obligations weigh heavily on Council members, and the current financial environment is, in general, a matter of concern in the community. It may be untimely to propose still another large project to voters, yet other planning efforts that are underway may be synergistic, allowing the library initiatives to be accomplished in a way that leverages community partnerships. Examples might include plans for upcoming urban renewal in the town center and the School District discussion of its next bond in support of facilities. Might the City share this library vision in forthcoming conversations about these or other near-term projects, thereby leveraging other funding and partnerships? It would be an evolving process of determining what the community will support and how it can be done efficiently. It would need to leverage the business and school communities, as well as neighborhood connections, beyond the scope of library services. As observed earlier, this would allow for expansion and continued evolution of the library, both now and in the future. At some point, a more dynamic facility might be needed; perhaps it would not be a standalone, but co-located with another civic function. At such time that could become a real center point of the community Responding to Councilor Afghan's questions about the existing library building, Director Kelly advised that it is 40 years old as of 2023. She explained that repurposing had been done in areas of the building, to some degree. The collection space has been expanded significantly over the 40 years, as the community and demands have grown. As a large, open space, the library has seen ongoing changes to best serve the public, with only minor remodeling. Councilor Afghan opined that library staff, over the past 40 years, has added to the library's contents more than it has repurposed space, not necessarily a bad thing. He strongly endorsed the importance of a library's community connection, as presented in the earlier reading. Multi-functional buildings may be a solution, as mentioned by Mayor Buck. Money being a necessary consideration, he does not support adding another building to house books. Despite his comments on the importance of the library as an element of quality of life in the community, Councilor Afghan emphasized that he does not want another building for storing books. He found none of the proposed models attractive. Critically, 20 years into the future he does not wish to regret a decision to build now without considering future technology, sustainability and transportation. Council's action now should be to determine what the library should look like 20 years and 30 years from now. Only then should a decision be made about how to achieve that vision. In terms of sustainability, he does not want more books to be printed, but acknowledges challenges associated with solely digital sources. He does not believe he has enough information currently to make a $120 million decision to build library infrastructure. More information is needed before Council should select an option to meet library needs 20 years from now. Spending a large amount of money now is not wise, he opined. He also wondered how research for future library needs might be explored now without a large outlay of money. Councilor Verdick thanked the team for their work. Having served on the LAB, she recognized the importance of the library's role in lifelong learning for community members. Noting that the Mayor had expressed many of her own views, she emphasized her appreciation for print and other tangible materials. Not all of these will be eliminated, she opined. While agreeing that the City must consider the needs of 20 and 30 years into the future, these are hard to envision. Nonetheless, she endorses the need to explore them and to be strategic with library plans for that future. Creativity in partnerships should be explored actively in terms of location. A single location in an area of the community other than the current one would likely be better, she observed. Much as she appreciates the existing library, with its small-town, neighborhood feel, library usage could be increased significantly with a more central location. She is not convinced of the need for a City Council Regular Meeting Minutes Page 23 of 26 July 18, 2023 60,000-square-foot library in the future; perhaps a smaller library, such as the one toured recently in Milwaukie, would be better suited to community desires in Lake Oswego. At the same time, how can the City ensure that it is serving the entire community with one location? For this reason, she is enthused about the ideas for book drops and pick-up points, while continuing with bookmobile services and outreach at community events. It advances the concept of a community hub, as mentioned by the Mayor. Among other considerations, the library might be situated near parks or other places where the community comes together. At this point, she does not believe City Council is ready to move forward with a bond because they do not have enough clarity, and she does not want to move forward too quickly and look back later with regret. Addressing some of the comments, Director Kelly noted that the recommendation for two libraries was based largely on gaining the needed collection space, along with space for people and technology, but also with the smaller"feel" that one larger library might lack. Additional work would be needed to address some of the concerns raised by Councilor Afghan. However, she believes the process did outline the future vision, to the extent that future can be known. It will involve many changes, both in technology and how people use the library; the need for more people spaces in libraries is a certainty. In her view, collections will remain a strong component and the format will continue to be changing, as seen over time with media.The physical collections continue to be most desirable for all age groups. Significantly, this process dispelled the idea that young people only want digital materials. They clearly want physical materials, as well as physical spaces together where they can collaborate and learn. People-centered spaces will be part of libraries of the future, as already seen in libraries that have been renovated to include these services. She agrees that another library filled with books should not be built; the need is for people spaces. This visioning process showed, too, that the community values the library's strong collection and does not want it slashed in order to create more people space. Rather, their desire is to add the people space that they see as very important for the future. Also, it aligns with the trends being observed today. Finally, she observed that the 20-to 30-year community process of identifying need for a new library is not unique to Lake Oswego. Here, that timeline began with formation of a task force in 1988, where the need for more space was first identified; multiple studies followed over the years. The current process is large and significant. Her objective, in support of the Council Goal to address the long-term facilities, is to establish what that future vision is. She recognized that the process from this point will be neither easy nor quick, but this framework provides a vision for the future that can guide the navigation forward. That is the reason staff recommends Models A2 and C. They acknowledge Council's direction to determine if there are additional models to consider or if that work should not move forward at this time. Staff recommended these two models because they do address some key components identified through the visioning process:to expand delivery of library services and to move toward the Vision in an incremental way. City Manager Bennett observed that she had not interpreted Council's comments as disapproval of Models A or C. Rather, she heard that there are more variables they might wish to consider. The four model options may be too constraining. It may be premature to identify one or even two paths to consider, and Model B may still be on the table, perhaps with less than 60,000 square feet. The Mayor's remarks about the School District's consideration of a bond measure signified a desire to speak with them about prospective collaborative efforts, she felt. Additionally, Councilor Wendland had suggested exploring a multi-use facility and where it might be located. Also, Council will be exploring urban renewal in Lake Grove, as well as discussing that topic in relation to Foothills. Though to some degree surprised that Council was not yet ready to narrow the options, she considers that good news. Staff now has an opportunity to explore how the library could fit into different projects and planning efforts that are underway, and how that might be City Council Regular Meeting Minutes Page 24 of 26 July 18, 2023 contemplated as a financial tool. She shared Council's shocked reaction to the very high cost of the recommended model; this may not be the best time for moving forward. It may be desirable to proceed more slowly now and move more quickly later. She believes the task force is on the right track in persisting, but believes Council wishes to consider more, not fewer, options. Beyond these additional insights, she plans to request that some policy questions related to the library be included in the community survey this coming fall. As the City engages in some of the other projects, it will be helpful to understand how the library fits in. Councilor Wendland expressed his view that Council is supportive of the visioning efforts, but is still in the formative stage of its decision process. A decision is not likely in the near future because of the many elements of the community that must be considered. He has valued the opportunity for Council to view other communities' approaches, and commended the functionality of a new Hillsboro facility. It is that functioning aspect that must be determined as a community; the synergies involved will result in a vision that can be supported by the community as a whole. Mayor Buck highlighted his appreciation for the very informative staff report. With its depth, he considers it a source for what may be entailed in a future library. He shares Director Kelly's view that technology is fleeting, but it is the connections that are lasting. Those relationships strengthen the community and should be Council's focus. In response, Director Kelly stated that she looked forward to continuing the discussion and supporting Council with additional information. The task force will continue to pursue the alignment of this plan with the community's vision. After final thanks to the LAB from Mayor Buck, she called for distribution of the books donated by LAB member Patricia Walls. 11. INFORMATION FROM COUNCIL In response to Mayor Buck's request for information from Council, Councilor Afghan complimented City Manager Bennett and her team for their outstanding work on the 4' of July Parade, as well as participants and volunteers. He again noticed an increase over the previous year in spectators coming from out of town. Also, he recognized and thanked the Parks and Recreation team for their outstanding job with the City's music festivals. These are orderly and enjoyable events that attract people from neighboring cities, some as distant as Troutdale. Mayor Buck raised an item of Council business: the draft community letter to Clackamas County regarding the Commission's proposal to defund the Office of Equity and Inclusion. Every City Council member had signed that draft. As Mayor of the largest city in the county, he wanted to provide an on-the-ground perspective of how Lake Oswego utilizes that work and how a decision to defund it may impact the city. The consensus was to include all City Council members' name on the finalized letter. 12. REPORTS OF OFFICERS City Manager Bennett reported that she would leave the next day for a conference in Pendleton. At that time, she would visit the old middle school there that had been re-purposed into a city hall/library space. In her absence, Assistant City Manager Megan Phelan would serve as City Manager Pro Tem. 13. ADJOURNMENT City Council Regular Meeting Minutes Page 25 of 26 July 18, 2023 After thanking Council members for their collaborative efforts, Mayor Buck adjourned the City Council meeting at 8:28 p.m. Respectfully submitted, %VC Kari Linder, City Recorder Approved by the City Council on September 19, 2023. 1 Joseph M. Buck, Mayor City Council Regular Meeting Minutes Page 26 of 26 July 18, 2023