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HomeMy WebLinkAboutApproved Minutes - 2025-03-04 4‘P O CITY COUNCIL REGULAR MEETING MINUTES —� O March 4, 2025 OREGO� 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 5:01 p.m. on Tuesday, March 4, 2025. The meeting was held both virtually via video conferencing and in-person in the Council Chamber at City Hall 380 A Avenue. 2. ROLL CALL Present: Mayor Buck, Councilors Rapf (arrived at 6:01 p.m.), Afghan, Mboup, Wendland, Verdick, and Corrigan Staff Present: Martha Bennett, City Manager; Megan Phelan, Assistant City Manager; Ellen Osoinach, City Attorney; Evan Boone, Erica Rooney, City Engineer I Public Works Director; Kristine Artman, Assistant Fire Chief; Quin Brunner; Management Analyst; Ivan Anderholm, Parks and Recreation Director; Maria Bigelow, Adult Community Center Manager; Kelli Byrd, ADA Coordinator; Amanda Watson, Sustainability Program Manager. Others Present: Chris Durkee, Chair, South Shore Fire Station Task Force. 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. Attorney Osoinach reviewed the legal parameters for the Executive Session. Council met in Executive Session from 5:05 p.m. to 5:56 p.m. Mayor Buck reconvened the City Council meeting at 6:01 p.m. and called for Public Comment. City Council Regular Meeting Minutes Page 1 of 9 March 4, 2025 5. PUBLIC COMMENT • Diane Cassidy read into the record portions of her previously submitted written comments expressing concern that the City Council 2025 goals showed partisanship and political bias. 6. PROCLAMATIONS 6.1 Proclamation —Women's History Month Mayor Buck declared March was Women's History Month in Lake Oswego. More information and the signed proclamation were available on the City's website. 6.2 Proclamation — Disability Awareness Month Mayor Buck declared March was Disability Awareness Month in Lake Oswego. More information and the signed proclamation were available on the City's website. 7. CONSENT AGENDA 7.1 Adopting of Findings, Conclusions, and Order in AP 24- 04, Appeal of the Development Review Commission's Approval of application TR- 499- 24- 001007- TREE, to remove twenty-two trees at 233 E Avenue for on- site improvements. 7.2 Approval of Meeting Minutes. January 9, 2025, Draft Special Meeting Minutes January 21, 2025, Draft Regular Meeting Minutes January 25, 2025, Draft Special Meeting Minutes February 4, 2025, Draft Regular Meeting Minutes 7.3 WO 378, Awarding a Public Improvement Contract for the 2025 Pavement Management Rehabilitation. END CONSENT AGENDA Councilor Corrigan moved to adopt the Consent Agenda. Councilor Mboup seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Afghan, Mboup, Wendland, and Verdick voting `aye', (6-0-1). Councilor Rapf abstained. City Council Regular Meeting Minutes Page 2 of 9 March 4, 2025 8. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 9. STUDY SESSIONS 9.1 South Shore Fire Station Task Force Recommendations and Findings. Mr. Durkee, Assistant Fire Chief Artman, and Mr. Brunner, jointly presented the Council Report via PowerPoint, providing a history of the project, scope of the Task Force, and a summary of the Task Force's eight key findings: (1) The South Shore Fire Station had reached the end of its useful life. (2) The City needed a fire station in the southeast quadrant of Lake Oswego to maintain the current level of service. (3) A new fire station should be built to meet the needs of the Lake Oswego Fire Department for the next 50 years. (4)The long term projected spatial need was approximately 14,000 sf. (5) The current station location was optimal. (6) Alternatives, including renovating the existing fire station were deemed infeasible. (7) Staff should explore the benefits and feasibility of acquiring the lot adjacent to the existing fire station. (8) Based on comparative projects, a new build of this size could cost up to $18 million. A general obligation bond was the most viable funding option. The Task Force recommended that Council direct Staff to proceed with two key efforts in moving forward: • Engage an architect to develop preliminary plans for a new South Shore Fire Station. The conceptual plans would explore option of one versus two-story structures, tear-down versus phasing, optimum size of site, economies of reduction and circulation spaces in the program, and develop alternates for cost savings. The City should then engage a cost consultant or builder to develop a more detailed cost estimate based on the preliminary plans and price the cost savings alternatives. Part of that effort would involve Staff exploring the feasibility of acquiring the adjacent parcel to the west. • Direct Staff to further develop the community engagement plan and execute the early stages of that plan as appropriate. We anticipate the temptation to reduce the budget or program at this stage, but we urge the Council to hold off. The best time to study cost and scope reductions would be when there were preliminary plans and more detailed cost estimates based on those plans and a shopping list of options and savings opportunities already priced out. City Manager Bennett and Task Force presenters responded to questions and comments from Councilors as follows: • The Task Force had examined potential eligible transition costs that could be included in the bond. If the City phased the project, there would be additional construction costs associated with doing the work which would be eligible for a bond. However, if the City contracted for emergency services with a partner operation during the transition, that would be an operational cost and ineligible for inclusion of the bond. Further assessment of the costs as well as the funding source for each of those methods would be examined in Phase II of the project. • The South Shore Fire Station responded to just over 900 calls last year. City Council Regular Meeting Minutes Page 3 of 9 March 4, 2025 • The architect would need to confirm the turning radii, but it was believed that if the equipment bay/apparatus bay at the current station location were positioned as close to the street as permitted within the front yard setback, there would be sufficient space to navigate around the back and drive through. • There was coordination with the Engineering Department to discuss the feasibility of aligning the construction of the South Shore Fire Station with the rebuilding of the water reservoir, and the conclusion reached was that, given the time-sensitive nature of moving forward, it would be most practical to pursue the projects independently while seeking opportunities to support one another. The water reservoir project was still a little way away, and due to the nature of engineering timelines, it was determined that synchronizing schedules would not be advisable. • There were multiple avenues for addressing the transition, and all options were being considered to form a plan such as contracting with American Medical Response (AMR) or Tualatin Valley for coverage during the transition. Ideally, the City would identify a location within the fire management area (FMA) to temporarily house the firefighters and apparatus, allowing them to continue responding in the neighborhood. • The City would have to budget for transition costs as an operational expense, which could be significant depending on the most viable option. Considerations included renting a location in the neighborhood, securing services from a contract partner, or acquiring a property for use during the construction period. • The room for the battalion chief, who bunked at the downtown station, was included for future planning purposes. In the event of an emergency such as an earthquake or disaster response, having two zones—a battalion chief downtown and another at South Shore—would be beneficial. If a secondary Emergency Operations Center(EOC)were needed, the space could accommodate command staff, councilors, and the mayor, with additional bunks available. Even with just one additional apparatus responding from that location, six bunks would be occupied, leaving only two remaining, which would be quickly used. • Fire station design and construction were different than the past because cancer prevention, health, and wellness were foremost in the build, with a focus on creating a stress-free, home- like environment rather than a sterile one. Negative pressure ventilation ensured contaminants did not enter living areas, which had not been prevented in the past, and best practices dictated a much more controlled environment than previous designs. • The Task Force committed to doing its best to gather support if the bond moved forward. The Palisades Neighborhood Association, South Shore, McVey-South Shore, and Mary's Landing were all aware of the project, had received regular updates, and had requested ongoing information. Everyone was watching the project closely and fully supported it. Councilors appreciated the thorough presentation and the hard work of the project team. Councilor Afghan proposed switching the fire station with the reservoir since the reservoir had to be rebuilt, and doing so could avoid the challenges of acquiring the lot on the other side of the fire station. Multiple Councilors supported exploring this possibility. City Manager Bennett said Engineering would review the possibility of switching the reservoir with the fire station as part of due diligence in the next phase. She noted the challenge with reservoirs was that the existing one could not be decommissioned until the second was built. Avoiding property acquisition for the new fire station would be ideal because the process was difficult and complicated, however the water system could not be compromised. City Council Regular Meeting Minutes Page 4 of 9 March 4, 2025 Mayor Buck noted that there was a lot of good support for the project and moving forward to the next phase to hone in on the cost and conduct community engagement. City Manager Bennett said the general obligation bond for the project would most likely be presented on the May 2026 ballot, which was the next available election given the amount of work that had to be done. The schedule allowed for concurrent planning, with the first phase of design work moving forward to refine the cost estimate. The City would be on its way to designing the project before it went to the voters, and if the ballot measure was approved, the timeline between securing funding and beginning construction would be shorter than it had been for the Lake Oswego Recreation and Aquatic Center (LORAC). 9.2 Cemetery Ownership and Transition Plan. Director Anderholm presented the Council Report on Oswego Pioneer Cemetery (OPC) ownership and transition plan, highlighting information from the Council's packet regarding the history of ownership and the OPC Board's request for the City to take over operations. He summarized Staffs research on the cemetery's record-keeping, standing with the State Mortuary Board, and legal and operational considerations. The OPC Board requested that the current on- site caretaker/sexton, responsible for maintenance, plot sales, security, and burial coordination, be retained for two to three years to assist in the transition if the City assumed ownership. The cemetery's proximity to the municipal golf course and LORAC made the transition of operations more feasible, with oversight from the Parks Maintenance crew ensuring continued upkeep. A minor assessment of annual operating costs showed that the City would operate the cemetery at a net loss. Unlike the nonprofit, the City would not be able to exchange housing for maintenance work, increasing costs. The estimate was based on the last five years of plot sales and considered both in-house maintenance and contracted services. Staff prepared draft rules and regulations consistent with ORS 97.710, which were included in the Council's packet. Staff sought direction from Council on whether the City should move forward with acquiring and operating the cemetery. Mayor Buck thanked Director Anderholm and Ms. Bigelow for their work and commented that maintaining the cemetery was in the community's interest, as it was an important part of Lake Oswego's history. He asked how the City would develop its business operations plan for managing the facility and selling plots. Director Anderholm responded that the City would need to adjust operations since the nonprofit had flexibility the City would not, including an incentive- based arrangement with the caretaker/sexton. The City would assess current fees, compare them to regional Pioneer cemeteries, and align them before presenting them to Council. Operations would be divided between the Adult Community Center, which would handle administration, plot sales, and burial arrangements, and Parks Staff, who would oversee grounds maintenance and coordinate excavation and headstone placement. A market analysis would ensure fees were consistent with other municipal cemeteries, and best practices from Metro and Oregon City would be adopted. The City Attorney's Office would draft a compliant Code based on ORS regulations. The OPC Board supported a transitional period, allowing the caretaker/sexton to assist with operations, pass on institutional knowledge, and help the City review and digitize cemetery records dating back to the late 1800s. City Council Regular Meeting Minutes Page 5 of 9 March 4, 2025 Councilor Wendland supported taking over the transition and praised the OPC Board for maintaining the cemetery over the years. The organization was financially stable, operating in the black, and the estimated costs were reasonable and would not strain the budget. Mayor Buck acknowledged that there would be operating expenses but noted they seemed reasonable and that revenues would help offset them. Councilor Afghan agreed with Wendland and expressed support and confirmed with Staff that the City had an interest in maintaining the cemetery given its location next to the brand new LORAC. Joe Collins, Caretaker, OPC, clarified that it was$800 for ashes and $2,300 for a full-length plot. It was possible to place ashes in a full-length plot. Mayor Buck observed that there seemed to be Council support to move forward with the transition while allowing time for due diligence. He suggested an 18- to 24-month horizon for finalizing an agreement to allow the City and OPC to develop transition plans. The City Council recessed 7:30 p.m. to 7:41 p.m. 10. COUNCIL BUSINESS 10.1 Americans with Disabilities Act (ADA) Annual Update. Ms. Byrd presented the Council Report, providing background on the ADA's Transition Plan, purpose of the progress report, usage statistics from the City's ADA Coordinator Office, and a Summary of the City's All Ability Employment Resource Group. The presentation highlighted some of the City's efforts in implementing the Transition Plan and documented programs, accessibility projects, and outreach initiatives undertaken between January 1 and December 31 of 2024 as well as some upcoming projects. Mayor Buck thanked Ms. Byrd for her report and commented that putting resources to work for Lake Oswego's most vulnerable residents was a critical part of the City's mission and work. He asked if there was anything within the ADA transition plan she felt was especially important but difficult to accomplish within the current budget. Ms. Byrd replied that curb ramps and sidewalks were expensive but essential because they made the difference between whether someone could access a location or not. Dedicating just one percent of the City's budget to ADA improvements would allow the City to make significant progress on its 15-year plan. Her department did not have a dedicated budget but having one would allow her department to assist if another department was struggling to complete a project. Councilors thanked Ms. Byrd for the report and acknowledged the importance of the work, noting that it was not just about physical construction projects but also about raising awareness, hosting events, and fostering inclusion. Infrastructure improvements were necessary but cultural change was often more challenging. Ms. Byrd confirmed that most of the identified projects focused on curb ramps and some park improvements. City Council Regular Meeting Minutes Page 6 of 9 March 4, 2025 11. PUBLIC HEARING 11.1 Ordinance 2956, An Ordinance of the City Council of the City of Lake Oswego Amending LOC Chapter 20 Licenses, to Establish an Additional Recycling Collection Services License. Attorney Osoinach reviewed the hearing procedure and confirmed no Councilor wished to declare a financial conflict of interest. Ms. Watson presented the Council Report, providing background on the issue of difficult-to- recycle materials, the history of recycling programs in Lake Oswego, and a summary of the history, purpose, and contents of the ordinance that established the City's Additional Recycling Collection Services License Program. Mayor Buck opened the public hearing. • Taylor Loewen, Regional Operations Director, Ridwell, expressed Ridwell's strong support for the Additional Recycling Collection Services License. The company appreciated Staff's hard work and felt the proposed ordinance appropriately balanced feedback from all parties. She encouraged the Council to support Ordinance 2956. Ridwell believed the Ordinance would further local waste reduction efforts by providing residents with multiple options for supplemental collections services with appropriate regulatory oversight. • During the January meeting, comments were made about Ridwell's business license. Following the meeting, her team informed her that the company had applied for a business license before starting service in Lake Oswego and had also been in contact with regulatory Staff. Later, the company was informed that its application had been placed on hold by the City pending the resolution of discussions with regulatory Staff. The company understood its license remained on hold. As stated in January, the company was willing to pay business license fees for the period the application was on hold and expected to do so once the new process was established. At no point had the company attempted to operate without complying with license requirements and had made every effort to keep the City informed of ongoing activities. Mayor Buck confirmed there was no further testimony and closed the public hearing. Ms. Watson responded to questions from Councilors as noted: • The complete list of materials Ridwell picked was published on the company's website and included items such as plastic film, number one clamshells, lightbulbs, textiles, chip wrappers, and other multilayered plastics. Batteries were collected through the City's franchise agreement with Republic Services. • Staff worked collaboratively with Republic Services on the recent draft of the Ordinance and Republic did not express any concerns. • The list of materials collected by each company varied slightly. Through the application process, any company applying for a license would submit its list of materials for review. As the reviewing Staff, Ms. Watson ensured the list conformed with the definition of additional recyclable materials and that none of the items collected were part of the City's franchise program with Republic Services. City Council Regular Meeting Minutes Page 7 of 9 March 4, 2025 • A summary of the data collected in the biennial report required by the new licensing system could potentially be made public, though Staff would need to address any privacy concerns with the City's attorneys. The purpose of collecting this information was to increase transparency for customers and assess potential impacts on City rights-of-way. Mayor Buck acknowledged the City had received two pieces of written testimony in support of the ordinance which had been circulated to the Council and posted online. Councilor Corrigan moved to tentatively approve Ordinance 2956 and direct Staff to return on March 18, 2025, with a final version of the Ordinance. Councilor Mboup seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Corrigan, Afghan, Mboup, Wendland, Rapf, and Verdick voting `aye', (7-0). 12. INFORMATION FROM COUNCIL Councilor Wendland stated the previous week's Community Leadership Awards at the Ironlight was a successful evening that showed Lake Oswego at its finest. Councilor Mboup provided a summary of the Youth Leadership Council event at the fire station. Mayor Buck reported that Clackamas County was forming a library task force to review the tax program for library operations and maintenance, assembling elected leaders and community members. Discussions continued on the Regional Flexible Funds bond program, with the Transportation Planning Advisory Committee (TPACT) narrowing options to five projects, including the Sunrise Corridor in Clackamas County, TV Highway Bus Enhancement, and 82nd Avenue. Uncertainty remained around federal transportation grants, but the top three projects appeared likely to move forward. Mayor Buck testified against HB 2138 in Salem, and the City submitted a letter stating its opposition, telling state lawmakers that the bill would require reversing City-specific regulations and delay Housing Production Strategy efforts by redirecting planners to revise the Development Code. Middle Housing legislation was already producing results, with new housing types appearing in the community that had not been seen before and the City wished to let those efforts continue to work. 13. REPORTS OF OFFICERS No reports of officers were provided. 14. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 8:22 p.m. City Council Regular Meeting Minutes Page 8 of 9 March 4, 2025 Respectfully submitted, Kari Linder, City Recorder Approved by the City Council on April 15, 2025. Joseph M. Buck, Mayor City Council Regular Meeting Minutes Page 9 of 9 March 4, 2025