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HomeMy WebLinkAboutApproved Minutes - 2025-10-07 CITY COUNCIL REGULAR MEETING nMINUTES 0 —� O October 7,2025 OREGO� 1. SWEARING IN CEREMONY The ceremony began at 5:31 p.m. Honorable Judge Colleen Gilmartin spoke about attending law school and serving alongside Amy Lindgren in the Clackamas County District Attorney's Office. She highlighted Judge Lindgren's character, outgoing personality, genuine kindness, strong work ethic, and intelligence. She was honored to administer the oath of office, describing Judge Lindgren as one of the finest colleagues she had known, both professionally and personally,who would serve the people of Lake Oswego with distinction. Judge Gilmartin conducted the swearing in ceremony of new Municipal Court Judge Amy Lindgren. Municipal Court Judge Lindgren thanked City Council for their confidence in her appointment and Judge Gilmartin for her kind remarks. She stated that she takes her judicial responsibilities seriously and is honored to serve in the role.Although residing outside Lake Oswego, she felt a strong connection to the community, noting the support of Staff and her enjoyment in meeting residents.She also recognized her family,friends, and former colleagues in attendance, introducing her family members. She reflected on her late father, Mike Lindgren, a former Superior Court judge in Orange County, who had attended her previous swearing-in ceremonies, and expressed sorrow that he could not be present for this one. Mayor Buck invited attendees to remain for a reception for Judge Lindgren and noted the Council would return for the regular meeting around 6:00 p.m. A break was taken at 5:40 p.m. before the start of the regular City Council meeting. 2. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 6:00 p.m. on Tuesday, October 7, 2025. The meeting was held both virtually via video conferencing and in-person in Council Chambers at City Hall 380 A Avenue. 3. ROLL CALL Present: Mayor Buck, Councilors Afghan (on zoom), Corrigan, Mboup, Rapf(on zoom), Verdick, Wendland Staff Present: City Manager Martha Bennett, City Attorney Ellen Osoinach, City Recorder Laural Hawkins, Municipal Judge Amy Lindgren, Library Director Melissa Kelly,Associate Planner Paul Espe, Sustainability Program Manager Amanda Watson,Associate Planner Michael McNamee, Community Development Director Jessica Numanoglu, City Council Regular Meeting Minutes Page 1 of 10 October 7, 2025 Long Range Planning Manager Erik Olson Others Present: Honorable Judge Colleen Gilmartin; Nicole Nathan, Arts Council of Lake Oswego; Bruce Poinsette, Respond to Racism; Lindsey Waldram, Bell &Associates 4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 5. PRESENTATIONS 5.1 Proclamation—Meals on Wheels Month Mayor Buck read the proclamation declaring October Meals on Wheels Month in Lake Oswego and thanked the Lake Oswego Meals on Wheels board members for attending.The proclamation would be posted on the City's website. Community members were encouraged to consider volunteering with Meals on Wheels. 5.2 Proclamation—Indigenous Peoples' Day: October 13 Mayor Buck proclaimed October 13, 2025 as Indigenous Peoples' Day in Lake Oswego. The proclamation would be posted on the City's website. 6. PUBLIC COMMENT • Sabrina Trembley, Co-Founder,Young Employment Success Lake Oswego(YES! LO), spoke about the lack of post-high school opportunities for young adults with disabilities once they age out of the school district's programs. YES! LO aimed to create employment and volunteer opportunities, starting with a culinary and barista training program that would evolve into a community space.The nonprofit's phased plan had a strategic vision for sustainability and growth. She requested the City Council's support to overcome anticipated challenges, highlighting the potential for Lake Oswego to become a national model of inclusion. • Becky Owens, Co-Founder,YES! LO, spoke about the challenges young adults with disabilities face in finding meaningful employment, emphasizing that work provides dignity, independence, and belonging. She described YES! LO as a way to break down barriers and create opportunities, shared her personal experience with her youngest son nearing the end of school services, and requested Council's support. 7. CONSENT AGENDA 7.1 Ordinance 2968,Annexing 2405 Knaus Road—AN 25-0005 7.2 Resolution 25-42, Creating and Approving Appointments to the Foothills District Technical Advisory Committee 7.3 Amendment to IGA with LOSD Regarding the Usage of the LORAC Councilor Corrigan moved to adopt the Consent Agenda. Councilor Wendland seconded the motion.A City Council Regular Meeting Minutes Page 2 of 10 October 7, 2025 voice vote was held,and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan, Mboup, Rapf,Verdick,and Wendland voting'aye', (7-0). 8. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 9. CONSENT AGENDA—Councilors Only Mayor Buck noted Resolution 25-44 would appoint two alternates as full members of the Diversity, Equity, and Inclusion Advisory Board. Councilor Verdick moved to adopt Resolution 25-44. Councilor Mboup seconded the motion.A voice vote was held, and the motion passed,with Councilors Afghan,Corrigan, Mboup, Rapf,Verdick,and Wendland voting'aye',(6-0). 10. COUNCIL BUSINESS 10.1 Respond to Racism and Arts Council of Lake Oswego Public Art Project at Lake Oswego Public Library Library Director Kelly; Bruce Poinsette, Respond to Racism; and Nicole Nathan,Arts Council of Lake Oswego, presented an update on the Public Art Project via PowerPoint, covering the project timeline, the Request for Proposal (RFP) process, $31,000 budget, partner roles, and community-centered approach.The project's theme emphasized historically accurate information about racism in Lake Oswego,the city's aspiration to be free of racism, and embodied hope and healing. Project goals and values and the RFP panelist process and scoring guide were reviewed.The recommended finalist was Sahara Aylanna Defrees and her project "Echoes of Belonging," which would include interpretive panels with QR codes linking to written and audio narratives in multiple languages and the sidewalk treatment called "Rain Speaks" with stamps of words from Black feminist authors, all of whom were included in the Library's collection.The project was scheduled to be unveiled in summer 2026.The artist would host public paint-by-number events at the Library to root the work in the community. Next steps, panel placement considerations,community engagement, and mission alignment were outlined. Questions from Councilors were addressed by Ms. Nathan as follows: • The artist proposed the panels be acrylic outdoor paint applied to wood panels, although the project team could work with the artist on materials, suggesting more like a metal panel or a material that could be coated with anti-graffiti coating.The artist was also considering a metal frame for each panel. • No example could be referenced of such panels as proposed.They would be unique. • The Arts Council and Public Art Committee would be responsible for maintenance of the panels. • The writing and audio work would be a collaborative community effort. It was yet to be determined where the written and audio materials would be hosted. • The project would be the first use of rain-actuated paint within the City's collections.The sidewalk City Council Regular Meeting Minutes Page 3 of 10 October 7, 2025 stamps would require some repainting every couple years to ensure they stay true to the original design. The artist stated in her proposal she was prepared to train others to repaint the stamps or she would return to do maintenance. • Community members would paint portions of the panels under the artist's direction. Mayor Buck and Councilor Verdick hoped all groups impacted by redlining and sundowning would be represented in the project. Councilor Mboup commended the Arts Council and Respond to Racism and spoke about public art as a form to unite people rather than divide them. He was happy with the artist's proposal, noting the importance of balancing the truth with making everybody comfortable.The history of Lake Oswego and Oregon could not be hidden. As a person of color, he was proud to live in a city that recognizes his people and shows Lake Oswego is moving forward.The fight for social justice continued as did the fight to bring American together. Councilor Verdick added she supported the Arts Council working with the artist and Library to place the panels in a location where they would be highlighted yet not detract from existing artwork. Councilor Mboup moved to approve the selection of Sahara Aylanna Defrees to be the artist for phase one of the Respond to Racism and Arts Council of Lake Oswego public art project at the Lake Oswego Public Library. Councilor Corrigan seconded the motion. A voice vote was held, and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan, Mboup, Rapf,Verdick, and Wendland voting'aye', (7-0). 11. PUBLIC HEARINGS 11.1 Ordinance 2969,Annexing 210 Birdshill Road and the Public Right-of-Way—AN 25-0006 11.2 Ordinance 2970,Annexing 13092 Amber Place and the Public Right-of-Way—AN 25-0007 City Attorney Osoinach reviewed the hearing procedures, noted they applied equally to both Items 11.1 and 11.2, and asked if any Councilor had ex-parte contacts, bias, or financial conflict of interest. None were heard. Associate Planner Espe presented the Council Reports via PowerPoint, reviewing the proposed annexations of both 210 Birdshill Road and 13092 Amber Place. Staff found the properties were within the urban services boundary so public services could be provided in a timely, orderly, and efficient manner.The proposed annexations were timely with regards to public facilities. Staff recommended approval of the annexations. Mayor Buck opened the public hearing on Ordinance 2969 for the 210 Birdshill Road property. He confirmed there was no public testimony and closed the public hearing. Councilor Wendland moved to enact Ordinance 2969. Councilor Mboup seconded the motion.A voice vote was held, and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan, Mboup, Rapf,Verdick, and Wendland voting'aye', (7-0). Mayor Buck opened the public hearing on Ordinance 2970 for 13092 Amber Place. He confirmed there City Council Regular Meeting Minutes Page 4 of 10 October 7, 2025 was no public testimony and closed the public hearing. Councilor Wendland moved to enact Ordinance 2970. Councilor Verdick seconded the motion.A voice vote was held,and the motion passed,with Mayor Buck and Councilors Afghan, Corrigan, Mboup, Rapf,Verdick, and Wendland voting'aye', (7-0). 12. STUDY SESSION 12.1 Solid Waste and Recycling Rate Review Sustainability Program Manager Watson and Lindsey Waldram, Senior Associate, Bell &Associates, presented the Council Report via PowerPoint, highlighting Republic Services' residential, commercial, and industrial lines of business in Lake Oswego and outlining the annual rate review, rate adjustment considerations, Bell and Associates' methodology, 2024 adjusted franchise results, and 2025 projected franchise results.They believed the current projected return was sufficient to maintain existing rates through December 2026, so no rate adjustment was proposed at this time. • Proposed updates to the rate schedule were reviewed for the Council's consideration, and it was noted Republic preferred to keep the contamination fees in place and update them when the Clackamas County contamination reduction program is implemented, as Republic was concerned about the optics of having to dump contaminated recycling as garbage. When the responsible parties are not charged for the contamination,the cost of dealing with it is spread across all customers. Questions from Councilors were addressed by Staff and the Consultant as follows: • The proposed extra yardage fee would apply to commercial, which included multi-family properties. The pause on the contamination fee was recommended for both residential and commercial. • Examples of contamination included putting the recycling in plastic bags for residential and a bag of garbage on top of recycling for commercial.Trash consisted of non-recyclable materials. Drivers could visually recognize contamination, and more trucks had cameras showing contamination as it is being dumped into the truck. • When Republic had contamination information, they did contact the customer. Customers were supposed to be contacted before the fee is charged. Customers received a warning in the form of a tag on the recycling cart. • Clackamas County had always done education and outreach on behalf of the City as part of the recycling partnership, but the new statewide law would provide additional funding to increase education, including for multi-family. Currently there was a greater need for education than there was capacity to educate. • Property managers did take proactive action like installing signage if a property was experiencing a contamination issue.The challenge was the managers being aware of the issue. • Metro disposal rates were expected to continue to increase.A cap was established a couple years ago; Lake Oswego did not reach the cap this year. Metro had a process to review their rates in the past year. Separately Metro had a solid waste system facilities plan process to look at the solid City Council Regular Meeting Minutes Page 5 of 10 October 7, 2025 waste services available to the public regionally and a plan for new facilities, changing facilities, and potentially changing Metro's role in transfer stations. Metro's annual budget process allowed opportunities for local government staff and Regional Waste Advisory Council input, including the impact of Metro disposal fees on local governments. • Metro's increased disposal fees likely went toward funding its regional system plan to build new facilities, including one on the west side to handle Metro south.The costs for operating the larger systems such as education and compliance with the Recycling Modernization Act were also likely a factor. Mayor Buck supported the contamination fee, as a helpful way to change the behavior, and suggested keeping the residential in place and delaying the commercial. Councilors supported the extra yardage fee on the garbage.The onus should be on the multi-family property owner to take proactive action if there is an issue. It was not the government's job. Councilor Wendland noted Republic was doing a great job for the city with 40 positive comments and 40 not so positive ones. In business, usually 10 bad comments are received for every one good comment. He appreciated the partnership with Republic.Additionally, he suggested the mayors of the region write a joint letter to Metro about the disposal rate increase, as the additional expense would pose a challenge to people already dealing with other increased costs. He supported the rate structure and spoke about considering the history of Republic's rates and how the give-and-take over the years equaled out. Republic representatives in the audience confirmed the proposed rate structure was fair. Staff confirmed they were satisfied with the direction from Council and would email information on Metro disposal fee increases to Councilor Wendland. Council recessed from 7:26 p.m. to 7:39 p.m. 12.2 Home Occupation Standards—LU 25-0002 Associate Planner McNamee and Community Development Director Numanoglu presented the proposal to update the City's Specific Use Requirements regarding Home Occupations via PowerPoint, defining home occupations and reviewing issues discussed at the Council's previous study session. Staff sought direction on placing limits on or prohibiting outdoor activity associated with home occupations, Options 1 and 2, and input on proposed changes to urban agriculture and farms stands, creating a new use called urban agriculture.The tentative schedule for the Code update hearings was outlined. Staff addressed key questions and provided additional comments as follows: • As currently written,the Code did not specify that farm stands were required to grow agricultural products on one's own property, although such a provision could be added. Farm stands were currently not allowed in any residential zone.The City did not typically prevent anyone from having a lemonade stand or similar, unless it was run every day. • Community gardens were allowed outright in residential zones and the sale of produce grown in the gardens was allowed on a limited basis. Community gardens were not typically on private residential properties. City Council Regular Meeting Minutes Page 6 of 10 October 7, 2025 • Overflow parking was addressed indirectly by limiting the number of days an agricultural use could operate, as well as the hours of operation and the number of clients that could be permitted at one time.There was also a minimum lot size requirement and a maximum percentage of the site that could be used for agricultural use. • One must grow food or plants on the property to qualify for urban agricultural use. Sales and serving for urban agricultural use events are permitted only between 7:00 a.m. and 8:00 p.m. • There were 191 potential urban agricultural lots in the city. • Converting valuable Lake Oswego land to agriculture would be rare as it would not pencil financially; it would likely be subdivided. • If urban agricultural were made a conditional use, the existing winery would be considered legally non-conforming due to the Code change, and the business would have to come in for a conditional use permit to expand or make changes on site. • Staff had offered the proposed urban agricultural use to avoid precluding the winery business,which did not fit well with Home Occupation type businesses. No complaints like overflow parking had been received about the winery, Staff wanted to be able to accommodate the use, not stop a business that is doing well. • Staff could contact the business for direct feedback about the number of days it operates or the number of clients anticipated. Another option was to make the winery/urban agriculture use a conditional use outright. • Currently,the City did not allow outdoor activity to specifically address the rental of outdoor space which was disruptive to neighbors, and now that was prohibited under both options in the Staff report. • While clearly able to identify commercial vehicle parking, identifying vehicles associated with the clients of a business was more difficult;therefore, limiting the number of clients was preferred over limiting the number of vehicles associated with a particular activity or event. Code Enforcement said an eight-person limit is far more enforceable because the number of participants can be identified, whereas the City cannot identify which car belongs to whom.The eight-person limitation was a proxy for noise and traffic. • Staff noted the City's conditioning authority under the business license procedures, which allows the City to impose conditions of approval to address site-specific issues, such as limiting the number of clients due to there being a short driveway. • Prohibiting any noise beyond the property line was not realistic for any activity in the city.The concerns were about the noise from the business, parking, and the frequency of services offered or available, such as yoga classes once a month versus several times a day. • The City received only a handful of complaints every year about outdoor classes; one complaint regarded frequency and signage. Staff could present more data about the types and numbers of complaints at the hearing. City Council Regular Meeting Minutes Page 7 of 10 October 7, 2025 • A wide range of other complaints are frequently received about home occupations, especially about using commercial vehicles or creating excessive noise. Enforcement was difficult because complaints could stem from people not liking each other or having unreasonable or even reasonable expectations, but the City could not apply the Code equally because the standards were so subjective.The goal was to create more objective standards to help Code enforcement. • Having "no impact on one's neighbor"was essentially the City's existing regulation. • In addition to enforcement issues,the legal team was concerned about the general application of the City's land use standards, which should be objective. • Staff believed Option 1 would provide the flexibility needed given the Planning Commission and input from public outreach opposed being overly regulated or imposing too much regulation on home businesses, specifically with the current standard prohibiting outdoor activity,with which not all existing home occupations comply. • Staff heard there was a desire to do classes outdoors, such as art and yoga classes. Based on the survey, home businesses indicated the upper limit for visitors was eight people. • The proposal was to specify that any activity on the site was subject to the City's noise ordinance, as recommended by Code enforcement; although circumstances always seem to arise that do not squarely fit the ordinance. • Rather than potentially anticipating the wrong problems, Staff could track and collect data on the complaints received about Home Occupations, and then the Code could be modified, if needed, to address actual impacts.The City could also provide some education on being a good neighbor. • Council could consider other modifications to minimize impacts, such as further limiting operating hours or prohibiting operations on Sundays, not just public holidays. • Council did not need to decide tonight on Option 1 or Option 2; either option could be changed and brought to a hearing based on Council's guidance. Council discussion and comments regarded concerns about over-regulating residents, creating unwarranted regulations and having to police regulations;the need to change the existing outdoor activity standards to clear and objective standards to consistently regulate all outdoor activity/commercial use in residential zones, not just businesses where the neighbors complain; the importance of maintaining residential zones, not ongoing commercial activity that warranted a commercial site;the difficulty in considering allowing outdoor activity given the requirement to increase housing density; and holding business owners accountable for their patrons' poor behavior. • Deleting the parenthetical notations of which outdoor activity options the Planning Commission and Council preferred was suggested to remove the appearance of bias. Mayor Buck understood that the consensus was that Council wanted to allow some flexibility but limit outdoor activity in some way to preserve the character of the neighborhoods. Staff confirmed Council's direction was to move forward with the two options, subject to potential modifications of Option 1 in the future, noting the structure was in place to potentially make City Council Regular Meeting Minutes Page 8 of 10 October 7, 2025 modifications at a hearing. 13. INFORMATION FROM THE COUNCIL Councilor Wendland reported on the successful Wine Walk event, which sold out, and, along with the extended Saturday Market, resulted in the highest downtown Saturday patronage in recent memory. Councilor Afghan thanked Mayor Buck for collaborating with other local mayors, including Mayor Wilson,to demonstrate unity in opposition to federal military involvement in local affairs. Mayor Buck asked if Council supported the message of local sovereignty and the City's position against military involvement in domestic policing. He had emailed the Council about joining other regional mayors to support Mayor Wilson in solidarity. The City relied on its civil police force and civil servants to address local matters. The City Councilors expressed support for Mayor Buck's message, providing additional comments as follows: • Councilor Verdick noted state-level pressures had limited Council's ability to act in what it believed was the community's best interest.She emphasized that Council, as the body elected by local residents, was best positioned to determine appropriate actions in coordination with the City Manager and Chief of Police. • Councilor Mboup added the City did not want State or federal oversight, as it had the police force. When the city experiences an ice storm,for example,there were channels to ask for federal assistance. • Councilor Rapf noted Portland was experiencing challenges related to crime and drug use, which should primarily be addressed at the local level. • Councilor Wendland expressed concern that Oregon's response to recent federal actions may have had unintended negative consequences for the state. Such circumstances could result in reduced federal support or Oregon being made a negative example,which does not reflect Oregon's values. Mayor Buck agreed that all communities have issues, but the regional reputation impacted all the cities in the area. It was great to see the regional leadership united and generally on good behavior. He commended community members for expressing themselves without any safety issues. 14. REPORTS OF OFFICERS There were none. 15. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 8:46 p.m. City Council Regular Meeting Minutes Page 9 of 10 October 7, 2025 Respectfully submitted, (--- N--(c.cPti---- Laura) Hawkins, City Recorder Approved by the City Council on December 2,2025. 4111 1 J.seph M. B ck, Mayor City Council Regular Meeting Minutes Page 10 of 10 October 7, 2025