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HomeMy WebLinkAboutApproved Minutes - 2017-07-18 CITY COUNCIL REGULAR MEETING i-tr "ft MINUTES cIl - OJuly 18, 2017 EGOC� 8. CALL TO ORDER Mayor Studebaker called the regular City Council meeting to order at 3:23 p.m., following the Lake Oswego Redevelopment Agency meeting on July 18, 2017, in the City Council Chambers, 380 A Avenue. Present: Mayor Studebaker and Councilors Buck, O'Neill, Manz, Gudman, LaMotte, and Kohlhoff Staff Present: Scott Lazenby, City Manager; David Powell, City Attorney; Corinne Strauser, Deputy City Recorder; Sarah Selden, Senior Planner; Chip Larouche, Chief Technology Officer; Ivan Anderholm, Parks and Recreation Director; Tom Mueller, Golf Course General Manager; Jeff Munro, Parks Superintendent; Amanda Owings, Traffic Engineer; Erica Rooney, City Engineer; Scot Siegel, Planning and Building Services Director Others Present: Brian Jackson, Brian C. Jackson, LLC; Todd Chase, FCS Group 9. CONSENT AGENDA 9.1 Approval of Meeting Minutes 9.1.1 June 20, 2017, Regular Meeting Motion: Move to approve the minutes as written. Report and Attachment 9.2 Resolution 17-44, A Resolution of the City Council of the City of Lake Oswego Declaring a Public Necessity to Acquire a Temporary Construction Easement and Exercise the Power of Eminent Domain at 16354 Boones Ferry Road (Boones Ferry Road Project) Motion: Move to adopt Resolution 17-44. Report and Attachments City Council Regular Meeting Minutes Page 1 of 11 July 18, 2017 9.3 Resolution 17-42, A Resolution of the City Council of the City of Lake Oswego Adopting the Iron Mountain Park Master Plan Motion: Move to adopt Resolution 17-42. Report and Attachments 9.4 Resolution 17-48, A Resolution of the City Council of the City of Lake Oswego Consenting to the Indirect Transfer of Control of Astound Broadband LLC, as Provided Under the Non-exclusive Telecommunications Franchise. Motion: Move to adopt Resolution 17-48. Report and Attachments 9.5 Resolution 17-50, A Resolution of the City Council of the City of Lake Oswego Authorizing an Amendment to the Community Development Block Grant (CDBG) Intergovernmental Agreement with Clackamas County to Add a Provision Required by the Federal Department of Housing and Urban Development Relating to the Transfer and Exchange of CDBG Funds Motion: Move to adopt Resolution 17-50. Report and Attachments END CONSENT AGENDA Mayor Studebaker asked if anyone wished to request removal of any Consent Agenda items. Councilor LaMotte asked for clarification regarding the Iron Mountain Park Master Plan (Item 9.3), wanting to ensure that all Council members were aware of a last-minute addition to the Plan report concerning Iron Mountain Boulevard. Mayor Studebaker indicated that all were aware. Councilor Gudman moved to adopt the Consent Agenda. Councilor Manz seconded the motion. Mayor Studebaker confirmed that the motion before the Council included the minor change to the Mountain Park Master Plan that had been communicated to all members by Mr. Anderholm. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Buck, O'Neill, Manz, Gudman, LaMotte, and Kohlhoff voting 'aye'. (7-0) 10. ITEMS REMOVED FROM THE CONSENT AGENDA No items were removed from the Consent Agenda. 11. CITIZEN COMMENT City Council Regular Meeting Minutes Page 2 of 11 July 18, 2017 No Citizen Comment was offered. 11.1 Prior Citizen Comment Follow-Up No follow-up on prior Citizen Comment was presented. 12. COUNCIL BUSINESS 12.1 Neighborhood Enhancement Program Grant Awards Report and Attachments 1 and 2 Attachment 3 - Applications (Large File) In her role as neighborhood planner, Ms. Selden described the purpose of the Neighborhood Enhancement Program and benefits of the grant awards, as outlined in the Council Report. Referencing the associated award criteria (p 2 of Report), she highlighted the principal requirement to provide a benefit to the community. The 13 grant applications submitted by neighborhood associations were reviewed by a seven-member committee, which recommended full or partial approval of all requests, utilizing nearly the full $60,000 budgeted for the program (Council Report, Attachment 1). She provided background on the committee's decision regarding the two partially-funded grant requests, as noted in Attachment 1: (1) the Hallinan Heights Neighborhood request for $2,000 to remove invasive plants in the public right of way and (2) the Forest Highlands Neighborhood request for $1,000 for one component of an event tied to emergency preparedness. Summarizing the total grant award, she reported that it would provide funding for five physical improvements in the right of way, three public art projects, four emergency preparedness projects, and five neighborhood events. Mayor Studebaker asked for clarification about the $300 limit on funding for neighborhood social events that was determined to apply to the Forest Highlands request. Ms. Selden provided background, indicating that the limit had been established a couple of years earlier at the City Council's direction. With regard to the determination not to award the $2,000 for Hallinan Heights invasive species removal, Councilor Gudman noted that Council had approved funding in the 2017-2018 budget for removal of invasive species in the public right of way throughout the city. In an ensuing exchange, Council members and Staff discussed removal of invasives as an element of the City's streets maintenance program and how it might bear on this neighborhood request. Councilor Gudman moved to approve the 2017-2018 Neighborhood Enhancement Program grants as recommended by the Grant Review Committee. Councilor LaMotte seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Buck, O'Neill, Manz, Gudman, LaMotte, and Kohlhoff voting `aye'. (7-0) City Council Regular Meeting Minutes Page 3 of 11 July 18, 2017 12.2 Resolution 17-45, A Resolution of the City Council of the City of Lake Oswego Authorizing the City Manager to Sign Ten Intergovernmental Agreements (IGAs) with Clackamas County for Fiber Optic Network Connectivity Not to Exceed $300,000 Report and Attachment Mr. Larouche conveyed his recommendation that Council approve the Resolution. After highlighting the background of improvements to the City's network since 1985, he described this proposal as a unique opportunity to take advantage of sharing government-owned fiber with the School District to connect all permanent City facilities. The result will afford significant ongoing cost reductions and the opportunities for benefits of gig-speed Internet service. In the preceding two years of planning, Staff had made conscious decisions to forego or delay purchases of hardware and software and had taken advantage of favorable pricing for other information technology (IT) expenditures. As a result, all funding for these IGA projects was already a part of the IT operational budget, and no other funding was necessary. Details were provided in the Council Report, he advised. Mr. Lazenby reminded Council of the previously-approved franchise agreement issued to Clackamas County, which included a reciprocal arrangement that was of benefit to both government entities. Mr. Larouche had parlayed that into the cost reduction, as well. Mayor Studebaker asked if the deferral of equipment and software purchases would require the City to spend additional monies to take advantage of the new improvements. Mr. Larouche indicated that this would not be the case; delaying the non-critical expenditures had enabled the reserve to be established in advance. Councilor LaMotte questioned the need for 10 IGAs rather than one that would encompass connectivity for all of the facilities. Mr. Larouche explained that, under a single IGA, a construction complication with any one facility could delay the entire process. With 10 IGAs, the City would have more flexibility in addressing such a situation. Councilor LaMotte asked about the need for this connectivity at facilities that seemed to have less need for it. Mr. Larouche indicated that a facility currently on the City network would still require connection through the Comcast cable modem, which would cost more on a monthly basis than the fiber connection. Councilor Buck posed questions about terms of the per-month pricing. Mr. Larouche explained that, with specified notice, the City was free to exit any one of these IGAs. The pricing was not guaranteed, but based on his long and positive experience with Clackamas County, he is convinced of their strong commitment to providing the service. They also have motivation to price it competitively as they serve other jurisdictions, he suggested. Noting his appreciation for an investment where there is an actual return on dollars, Councilor Gudman expressed his support for the Resolution. Mayor Studebaker moved to adopt Resolution 17-45. Councilor Gudman seconded the motion. City Council Regular Meeting Minutes Page 4 of 11 July 18, 2017 A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Buck, O'Neill, Manz, Gudman, LaMotte, and Kohlhoff voting 'aye'. (7-0) 13. STUDY SESSIONS 13.1 Lake Oswego Municipal Golf Course Report Mr. Lazenby noted the two 2017 City Council Goals relating to the study session subject, one being a decision on the future of the municipal golf course. He highlighted the operating deficits and decreased course usage of recent years, as discussed in the Council Report. Council was urged to consider this informal discussion as an opportunity to learn about options and to provide direction to Staff. Mr. Anderholm, accompanied by Mr. Jackson, an architect assisting with the project, reviewed operational background of the golf course since it opened in 1968 (Council Report), In addition to the subsidy required in recent years, a significant concern was the diminishing number of nine- hole rounds played over the 15-year period following the peak year of 2000: from about 72,000 to 33,500 rounds. This is consistent with national trends, he indicated. Staff had identified some possibilities for the golf course and the site, and hoped to learn about Council interest in these. Addressing questions throughout, Mr. Anderholm first addressed the question: Is golf a function that the City should continue to operate? He reviewed challenges of the existing golf course and facilities, as well as the successful collaboration with Mr. Mueller to improve operating efficiency, assess profitability of various segments, and analyze the customer base. A significant finding was that about 9% of Lake Oswego residents use the golf course; this is about three times the typical community use, he indicated. It suggests that having a municipal course is very valuable to the community and that this is a service the City should seek to maintain in some form. Councilor Gudman stated that Council direction should be to take sale of the golf course off the table. As a Parks property, the City would need to maintain it, regardless of the use; however, the cost savings to maintain it for alternate recreational uses were not significant in comparison to the value of the golf course to residents. The City can and should absorb this difference, he opined. Councilor Buck concurred about the important role of golf in the community and expressed support for maintaining it. He inquired about adding other uses at the site and their potential for enhancing golf activities. Mr. Anderholm confirmed that attracting people to a site through additional programming would increase participation in the existing activity at the site. Improvements to the golf course and its facilities would not only enhance the golf experience, but would also increase overall usage, potentially in poor weather conditions, for example. Councilor Kohlhoff expressed opposition to sale of the golf course. It is a public service of the City and should not be viewed as a business. She regards the potential savings in maintaining it as a park instead of a golf course as negligible. Decreased golf course usage should not be a particular focus; it is also a factor with other important activities that offer quality of life to citizens, including tennis and swimming. If a permanent facility for the Parks and Recreation Department were feasible at this site, with space for other programs, this would be reasonable, in her opinion. City Council Regular Meeting Minutes Page 5 of 11 July 18, 2017 In response to questions from Councilor Manz, Mr. Anderholm indicated that any reconfiguration of the course, e.g., to an executive nine-hole course, would take into account the necessary upgrades. Councilor LaMotte called for evaluation of the feasibility of various course configurations on the site. While noting the limited amount of space, he indicated that a permanent location for Parks and Recreation was desirable. Strong consideration should be given to the opportunity for a multi- use recreation center. Noting that Council consensus indicated a desire to maintain some form of golf function, Mr. Anderholm posed a second question: Is the golf course site the right location for other services? In addition to a permanent home for Parks and Recreation, he discussed benefits of such possibilities as trails and an expanded driving range that would incorporate a baseball/softball hitting facility. The City could also consider selling some of the property to generate capital to offset improvements to the course or other possible municipal functions; Council direction was requested about where this might make sense, in terms of both financial and community considerations. In introducing three potential options for the site (Council Report, p 2), Mr. Jackson explained that either a nine-hole executive or 12-hole hybrid golf course would require 20 to 22 acres; additional area of the 39-acre property was taken up by the parking lot, clubhouse, and other facilities. Beyond the green space for a reconfigured golf course, remaining acreage could be utilized for a variety of purposes. He displayed an aerial photo as he outlined the three options, provided comparisons, and responded to questions. Option 1, he confirmed, was the only one that included a golf course. Mr. Anderholm described challenges of developing the options, but the guiding principle was to find ways to bring more people onto the property to use facilities. Council members were encouraged to consider the components as a menu of choices, with the options illustrating how they might fit on the property. In ensuing discussion, Mr. Jackson pointed out the need to determine what choices had priority for the Council, which led into observations about funding. Approaches might include issuance of General Obligation bonds or sale of a portion of the property and reinvestment of the proceeds. Housing of the Parks and Recreation Department was a factor, Mr. Anderholm noted; direction from Council about the facility was needed before a funding method could be determined. In response to an inquiry from Councilor Manz about potential sale of property for residential development, Mr. Anderholm estimated that $300,000 to $500,000 per lot would be expected. Councilor O'Neill maintained that a bond would not be a feasible approach in light of the recent school bond. If property was sold for the potential 30-plus lots, it was essential that the proceeds not be used only for building a new golf course; the City would be better off leaving the course as is if funds are not set aside for facility construction and driving range improvements. While these and other parks priorities might be weighed, if Council wants to improve this asset, a means of funding it through selling land must be found. Councilor Buck concurred, inquiring about possible sale of other underutilized Parks properties and opportunities for other golf-related City Council Regular Meeting Minutes Page 6 of 11 July 18, 2017 services on the golf course property. He expressed reservations about additional Parks investment that already seems weighted to this side of the city. Councilor LaMotte, commenting on various considerations for the Council, indicated that the commitment to golf was a priority, as well as finding a home for Parks and Recreation that supported necessary programming at the site. Specific costs should not be a focus until it is apparent what can be done on this property. He called for creativity, both from Council members and Staff. Councilor Gudman confirmed that Staff recommended a reconfiguration of the golf course in order to improve it. Mr. Anderholm clarified that the reconfiguration could be modified, depending on whether or not a new recreation facility was added. As the study session concluded, it was indicated that Staff would return to Council with a couple of reconfiguration scenarios for exploration. 13.2 Traffic Signal Assessment Report Report and Attachments Ms. Owings presented an overview of the traffic signal assessment project, noting the collaborative efforts of the City's Planning and Engineering departments in infrastructure planning. Using resources such as the Transportation System Plan (TSP), Comprehensive Plan, and traffic impact studies, Staff had identified 11 un-signalized intersections and two pedestrian crossings for study by a consultant. The purpose, as noted in the Council Report, was to determine whether or not a traffic signal was warranted at any of the locations and, if so, when the City should plan for it. After providing background on the methodology, she discussed PowerPoint slides. Included was a map showing locations of five intersections requiring traffic signals within the next six years, as well as several that would be reviewed for longer-term implementation. Staff's next step would be to add the projects to the Capital Improvement Plan (CIP). One of the intersections (Jean Road/Bryant Road) had been included in the current year's CIP, and she discussed plans for this first implementation. The others would be added and reviewed for ranking in the next CIP update. In response to Mayor Studebaker's questions about funding, Ms. Rooney explained that traffic signals are almost 100% eligible for System Development Charge (SDC) funding; if needed, the street fund was another source. Concluding her presentation, Ms. Owings discussed Staff's related efforts to bring fiber communications to City traffic signals and to plan for future installation of traffic-operations cameras. The signal projects would also be kept in mind when new land use applications were received and at the time of the next TSP update. Councilor Manz inquired about any efforts made to resolve intersection issues at Childs Road and Stafford Road, a County road. Ms. Owings indicated that the intersection is identified in the County's TSP. The City continues to communicate with the County regarding complaints, she noted; also, the County would be doing a road safety audit of Stafford Road within the next year. Councilor Manz requested that Council be kept informed on this audit. City Council Regular Meeting Minutes Page 7 of 11 July 18, 2017 In responding to questions from Councilor Buck about signal-related engineering costs, Ms. Rooney clarified the roles of City and County staff and consulting engineers. She discussed the separate effort related to the potential role of the County in managing the City's 32 signals(Council Report, p 3) and responded to additional questions. Staff would be returning to Council with a proposal, possibly in September. 13.3 Accelerated Street Preservation Program Report Mr. Lazenby advised the Council that this option for street preservation, as described in the Council Report, had both strategic and financial implications. He reported that Councilor Gudman had identified the prospect of increased State transportation funding as an early opportunity for the City to clear some of its backlogged pavement preservation projects through a "surge". By acting quickly, the City could be positioned to secure a road contractor during a period of expected high demand, once the State transportation package is adopted. With Council's direction, Staff could begin to lay groundwork for the bid package and financing. He cautioned the Council, however, about the increased State and federal regulatory burden for such projects in recent years. Notably, requirements related to the Americans with Disabilities Act (ADA) entailed additional design and planning, at disproportionate expenditure of cost and time. Ms. Rooney addressed questions about staffing and budget related to this initiative. A Request for Proposals (RFP) would be issued later in the year for a consulting team to support the City's pavement management program. The RFP process would also include discussion of the accelerated preservation work, subject to availability of the new State funding; a program management approach would be specified, continuing over a period of three to five years. Staff expected to return to Council in early October regarding the contract award. Councilor Kohlhoff requested clarification of a Staff comment related to extra costs associated with meeting ADA standards. Ms. Rooney described some requirements, but noted that these varied according to the facilities already existing on the street. At this time she was not able to provide an estimated dollar amount or percentage that was added to the cost, but indicated that design work was the most significant factor. Councilor Kohlhoff expressed support for the ADA standards and the need for compliance. Councilor Gudman discussed the importance of the "surge" and this opportunity for earlier implementation. He noted that the trade-off would be the interest cost incurred. However, the benefits of doing the work sooner would offset this, and financing with a margin of safety appeared feasible. He asked when the "surge" might be delivered. Citing variables of funding availability, staffing, and bonding approach, Ms. Rooney indicated that the summer of 2018 was improbable, but this work would be done in the 2018-2020 timeframe. Councilor Gudman noted that the City Council needed to be prepared to support Staff during that period, as the many road projects would generate increased feedback from the community. City Council Regular Meeting Minutes Page 8 of 11 July 18, 2017 Councilor Gudman moved to move forward as quickly as possible with the securitization of the funding to move forward with accelerating the road work. Councilor O'Neill seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Buck, O'Neill, Manz, Gudman, LaMotte, and Kohlhoff voting `aye'. (7-0) Note: The foregoing motion was offered directly following consideration of Agenda Item 13.4, followed by the vote. 13.4 Transient Lodging Enforcement Plan Report Mr. Siegel noted that the Council Report outlined Staff's plan for enforcement of the City's prohibition on short-term rentals in residential zones, as directed by Council at its June 20 meeting. He outlined the three-pronged approach to active enforcement and supporting activities (p 2 of report): (1) enhance community awareness of the prohibition; (2) identify ownership and other information related to rentals operating in violation of the code; and (3) continue to follow up on active complaints, as detailed in the report. Also identified were resource needs for this Council priority. Recruitment of a temporary code enforcement assistant had produced a strong response, and this addition was expected to contribute to enhanced enforcement. 13.5 Transportation System Development Charges Alternatives Report and Attachments Ms. Rooney, accompanied by Ms. Owings and Mr. Chase, explained that they were following up on the earlier Council study session and public hearing. She recapped the SDC report, emphasizing that the methodology was fundamental to quantifying the needs identified in the TSP. In using current industry standards to develop the City's new rates and methodology, the team had compared proposed rates to those of other cities (Council Report, p 3). She reminded Council that Lake Oswego's slower growth rate, lesser extent of new commercial development, and limited available land should be considered in comparing SDC applicability in other suburbs. After discussing the four alternatives for consideration (Council Report, p 7), she called for questions and direction from Council. Councilor Buck expressed support for indexing to inflation for the SDCs, but otherwise not for any other increase at this time. He discussed the interdependency of Lake Oswego businesses and suggested rates be more uniform across all business categories. Council also might consider approaches for maintaining a base of locally-owned small businesses, e.g., discounts. Councilor Gudman suggested that the discussion be focused first on the methodology. Varied input from Council and Staff members was then considered, focusing on financial impacts of the 30% increase inherent with implementation of the new versus old methodology. The consensus was to accept the new methodology, and discussion was next directed to approaches for phasing. In a brief exchange about potential discounts for locally-owned businesses, a number of City Council Regular Meeting Minutes Page 9 of 11 July 18, 2017 challenges were identified. Mayor Studebaker requested that Council consider whether or not the new methodology should be implemented to achieve the initial 30% increase only or to allow subsequent adjustment without Council action, according to the methodology. Councilor Kohlhoff expressed opposition to phased-in approaches and to rate reductions for various business categories because the methodology itself affords considerable fairness. However, an implementation that would take the level from perhaps 50%to the full 100% might be acceptable, she indicated. Following additional discussion and clarification, Councilor LaMotte moved to base the transportation SDC on the formula and methodology as provided by the professionals starting January 1, 2018, at a rate representing 30% of the maximum level,with no change unless or until authorized by the City Council. Councilor O'Neill seconded the motion. Councilor Gudman stated he would vote 'no' because the proposed SDCs, even at the 100% level, were in line with those charged by the other cities in the metropolitan area. Mayor Studebaker confirmed that the intent of the motion was to direct Staff to return in September with the resolutions and necessary implementing documents, and this vote would be a preliminary decision of the Council. He noted that he opposed the motion because he wanted to see more increases. A roll call vote was held, and the motion passed, with Councilors Buck, O'Neill, Manz, and LaMotte voting `aye'. Mayor Studebaker and Councilors Gudman and Kohlhoff voted 'no'. (4-3) 14. INFORMATION FROM COUNCIL Councilor Gudman announced that the PERS Board would likely be reducing the assumed rate of return on investments at their July month-end meeting. As a result, the City can expect another increase in its annual contribution, beginning in 2019-2021, he indicated. He reported on his participation in the water audit offered by the City, noting that helpful suggestions for saving water had been provided. He recommended that, in light of expected transportation funding, the City of Lake Oswego should issue a joint letter with the cities of Tigard and King City to TriMet; this would call for measures to improve bus service in a specific area of need in Tigard. Finally, in reference to a racial incident reported in the local newspaper, he pointed out the opportunity for the community to re-commit to the dignity due every resident or visitor to the city. Councilor LaMotte conveyed information about the upcoming Chamber of Commerce golf tournament and noted that proceeds would benefit the veterans' memorial. Councilor Manz reported that both she and Councilor Kohlhoff had attended a recent citizen forum on racism that had been well attended; continuing community dialog on the topic is anticipated. She also had attended the well-received opening of Westridge Park, where she fielded compliments for the City's concert series. 15. REPORTS OF OFFICERS City Council Regular Meeting Minutes Page 10 of 11 July 18, 2017 No reports were made. 16. EXECUTIVE SESSION: Under authority of ORS 192.660 (2) (d) conduct deliberations with persons designated to carry on labor negotiations Mr. Powell reviewed the statutory basis for entering executive session and outlined the parameters. The Council met in executive session beginning at 6:09 p.m. The Council reconvened in open session at 6:43 p.m. 17. ADJOURNMENT Mayor Studebaker adjourned the meeting at 6:44 p.m. Respectfully submitted, Anne-Marie Simpson, City Recorder APPROVED BY THE CITY COUNCIL: ON 5 IDI I Ai.e.,Lt Kent Studebaker, Mayor City Council Regular Meeting Minutes Page 11 of 11 July 18, 2017