Loading...
Approved Minutes - 2023-12-05 o s� y.. CITY COUNCIL REGULAR MEETING MINUTES December 5, 2023 ORFOo�' 1. CALL TO ORDER, CITY COUNCIL Mayor Buck called the regular City Council meeting to order at 5:32 p.m. on Tuesday, December 5, 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, Councilors Mboup, Verdick, Rapf, Afghan, Corrigan, Wendland Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Kari Linder, City Recorder; Ivan Anderholm, Parks & Recreation Director; Shawn Cross, Finance Director; Jessica Numanoglu, Community Development Director; Erik Olson, Long Range Planning Manager 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)(d) Conduct deliberations with persons designated to carry on labor negotiations and (f) consider records that are exempt by law from public inspection. Ellen Osoinach, City Attorney, read the legal parameters for the Executive Session. Council met in Executive Session from 5:34 p.m. to 6:13 p.m. 5. PUBLIC COMMENT Patrick Dohm stated his wife leased a commercial space in the Old Chamber of Commerce Building, between A and B Avenue and 2nd and 3rd Street. The business, Ingrid Dohm Art, was difficult to find without signage but a sign placed on the walkway was removed by the owner of the property to the south, who objected to the placement of the sign and asserted the walkway was his. The couple then placed a small sign above the door and ordered a sandwich board City Council Regular Meeting Minutes Page 1 of 8 December 5, 2023 type of sign, but a Code enforcement officer visited the business and told her to remove the sign. Mr. Dohm felt his wife's business was being targeted because there were many other examples of sandwich board signs in Lake Oswego. He shared pictures of nearby sandwich board signs, including signs for Elite Realty, Fresh Acai Bowls and Smoothies. Mayor Buck sought to clarify whether Mr. Dohm was arguing against the rule itself or felt the the rule was being unevenly enforced. City Manager Martha Bennett directed Mr. Dohm to speak with Jessica Numanoglu, Community Development Director. 6. CONSENT AGENDA 6.1 Naming the Lake Oswego Recreation & Aquatic Center and Renovated Clubhouse and Golf Course. Mayor Buck pulled Item 6.1 from the Consent Agenda, noting some offline conversations may have indicated the City Council did not have much interest in renaming the golf course, but was happy with the Lake Oswego Recreation and Aquatic Center (LORAC). He suggested it could save the Parks and Recreation Department time in finding another name if Council agreed with LORAC this evening; however, Council was interested in hearing from Staff about the matter, including the potential naming of the clubhouse. Ivan Anderholm, Parks and Recreation Director, noted Council recently passed Resolution 22-43, which outlined a new policy and process for naming City areas and facilities. Tonight, Council was being asked to initiate the naming process by referring the item to the Parks and Recreation/Natural Resources Advisory Board for Staff to discuss possible names and then return to Council with the Board's recommendation. Council could offer preferred names for Staff to present to the Board. When the naming came back before Council, Council could then approve the recommendation, select a different name, or return the issue to the Board and community for additional suggestions. While facilities were to be named within 6 months of opening or reopening, both facilities needed names well ahead of that time for signage and marketing materials. He confirmed Council could make a decision on the names this evening. Mayor Buck confirmed that Council unanimously agreed the Lake Oswego Recreation and Aquatic Center (LORAC);and Lake Oswego Municipal Golf Course did not need to be renamed, and that a majority of the Council was in favor of renaming the clubhouse. Director Anderholm stated he would present Council's decision at the PARKS Board's next meeting and discuss options for renaming the old clubhouse. He clarified Staff did not want the name "Clubhouse" because golf operations would no longer be housed there, but in the LORAC, and they wished to avoid some confusion. Mayor Buck added the clubhouse also had new uses, such as renting out the space, and he could see the reasoning behind renaming that facility for marketing purposes. Mayor Buck moved to initiate the process to name the Lake Oswego Recreation and Aquatic Center, Lake Oswego Municipal Golf Course, and for the clubhouse, a name to be determined based on the advice of the PARKS board. Councilor Mboup seconded the motion. City Council Regular Meeting Minutes Page 2 of 8 December 5, 2023 A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup, Rapf, Afghan, Corrigan and Wendland voting `aye', (7-0). Director Anderholm confirmed he would return with the three names when Council would weigh in on the new clubhouse name and then officially name the three facilities. 7. PUBLIC HEARING 7.1 Resolution 23-35, A Resolution of the City Council of the City of Lake Oswego Revising Fees and Charges and Updating the Lake Oswego Master Fees and Charges Schedule. Ellen Osoinach, City Attorney, reviewed the hearing procedures and asked if any Councilor had a financial conflict of interest. None were heard. Shawn Cross, Finance Director, presented the Council Report, noting that not much had changed since the Council's related study session earlier in November. Regarding a prior question about the $1 stall fee, he explained the fee applied to City-owned parking lots, such as near the Gemini Bar and Grill. If the Gemini wanted to rent the parking lot for a special event, for example, the fee would be $1 per hour per stall. In addition, the updated franchise agreement with Republic Services was now included and on Page 30 of the Master Fees and Charges Schedule, the fees charged to the Lake Oswego School District (LOSD) for the parks athletic field were changed from Category 3 to Category 2 to reflect how the City's charges were described in the District's manual. Mayor Buck opened the public hearing, confirmed there was no testimony, and closed public hearing. Councilor Mboup moved to adopt Resolution 23-35. Councilor Rapf seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup, Rapf, Afghan, Corrigan and Wendland. voting `aye', (7-0). 8. COUNCIL BUSINESS 8.1 Ordinance 2928, An Ordinance of the City of Lake Oswego Amending LOC 50.03.002, 50.03.003, 50.03.004, 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). Jessica Numanoglu, Community Development Director, presented the Council Report via PowerPoint, briefly reviewing the background leading to tonight's ordinance, which reflected previous Council direction to remove the buffer requirement between psilocybin facilities and the buffer requirement from tenant spaces occupied by businesses with an OLCC liquor license as well as to eliminate the ban on psilocybin facilities being in the same building as healthcare facilities. In addition, Staff was directed to not bring forward Ordinance 2933, the non-land use ordinance regulations for adoption or an ordinance that would repeal the temporary ban on psilocybin facilities. The revised Ordinance 2928 was included in the packet as Exhibit A1-2, City Council Regular Meeting Minutes Page 3 of 8 December 5, 2023 along with the attached Draft Code amendments and the red line edits to show the provisions Staff had removed at the Council's direction. Director Numanoglu clarified for Councilor Wendland that if adopted, the Ordinance would allow psilocybin manufacturing in the Foothills Industrial Zone and the Industrial Park Zone, which is the southwest employment area. However, the buffers would still apply, so manufacturing facilities would have to be at least 1,000 feet away from any school or registered childcare facility. Councilor Wendland asked if the State required the City to allow manufacturing or could the administering and manufacturing of psilocybin be separate? Director Numanoglu replied if administering and manufacturing were separated, the question of whether to repeal the ban on manufacturing would still have to be referred to voters. The Council could allow client administrative service centers and keep the ban on manufacturing, which would then go to voters in November. She confirmed if Council passed the ordinance tonight and if the voters repealed the ban on psilocybin in November, then manufacturing in Lake Oswego would be locked in. City Manager Bennett added the advantage of enacting the ordinance for industrial areas was that the State required a buffer around schools, but the Planning Commission ordinance also included childcare centers. The subject ordinance would be more restrictive than the State level if the voters elected to lift the ban. Councilor Wendland believed there was a difference between creating the drug versus administering the drug. Council needed to be aware the ordinance would allow the manufacture of psilocybin in Lake Oswego if voters overturned the ban. The explanatory language needed to be clear and concise because it was sort of a double negative, and the City should avoid the confusion associated with Measure 110 or the City's parks issues. He wanted to be sure voters knew exactly what they were voting for. Ms, City Manager Bennett noted many other jurisdictions had already sent bans to the ballot, and Staff could look at how those jurisdictions referred them. While she did not know whether the original measure had a requirement regarding what the referral had to say, Staff would be back before Council in the summer to have Council make the referral, so they would have a chance to review the ballot title language and all the other associated submittals. Director Numanoglu understood that when drafting the explanatory statement, Councilor Wendland wanted Staff to be very clear on what the voters were deciding, including the issue of manufacturing versus service. Council Wendland reiterated the language should be clear regarding the delineation between manufacturing and administration, which had been a discussion point throughout the process. The Council should consider whether administration and manufacturing were desired. He clarified his question was whether Council felt comfortable moving forward with having manufacturing of psilocybin in Lake Oswego. Mayor Buck replied if the voters overturned the ban, Council did not have a choice. Councilor Rapf understood Councilor Wendland wanted to bifurcate manufacturing and administration, but there did not seem to be an option to eliminate manufacturing from the ballot. Director Numanoglu confirmed the matter could not be bifurcated. She understood Council wanted voters to be clear that their decision was not simply whether to allow service centers, City Council Regular Meeting Minutes Page 4 of 8 December 5, 2023 but they must grapple with the fact that if they allowed service centers, they would also be allowing manufacturing. Councilor Rapf asked if the City could put the time, place, manner restrictions on the administration of psilocybin to the voters and leave the City's existing time, place, and manner regulations on manufacturing in place. Director Numanoglu believed it would be difficult to bifurcate the issue in that way, but she would research whether it was possible. Councilor Wendland suggested voters may want administration of the drug, but not drug labs. Councilor Rapf noted that allowing manufacturing could also prevent those who wanted administration from getting what they wanted. Director Numanoglu responded that while manufacturing and administration may not be able to be bifurcated on the ballot and voters said that even considering manufacturing, they wished to have administration, the Council would still have the opportunity to decide what time, place, and manner restrictions it wanted to place on the manufacturing side. If the voters approved the manufacture and consumption of psilocybin in Lake Oswego, the Council could still initiate a process to impose regulations on manufacturing, particularly because the findings indicated the Council believed some impacts were too speculative for the City to feel comfortable regulating at this point, and they would like to see how the issued played out. If the manufacturing issues identified by Council were also issues the voters had, Council would still have the opportunity to address those impacts. She understood the voters needed to be very clear about what they were choosing to vote on and to the extent that maybe, some voters would like information about Council's ability to impose regulations, which Staff could consider when drafting the explanatory statement. Mayor Buck said that was a good question, noting by summer, Staff would be able research whether the ballot could be split into two questions. Councilor Mboup sought confirmation that if Council prohibited manufacturing or the administration of psilocybin in Lake Oswego, but voters agreed with Council, there would be no way to manufacture or administer psilocybin in Lake Oswego. But if the voters said, "yes" to time, manner, and place restrictions, it would allow both manufacturing and administration of psilocybin. Director Numanoglu replied that was correct, manufacturing would be allowed and limited to the industrial park and industrial zones. Councilor Afghan suggested when the issue returned to Council in July, Council should discuss what manufacturing meant. If it was pharmaceutical or chemical manufacturing company, that was a different conversation than an agricultural, farming, growing process. Councilor Rapf moved to enact Ordinance 2928 and adopt findings. Councilor Afghan seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Mboup, Verdick, Rapf, Afghan, Corrigan, and Wendland voting `aye', (7-0). 9. STUDY SESSION 9.1 Citywide Parking Reform (PP 22-0001). Erik Olson, Long Range Planning Manager, presented the Council Report via PowerPoint, noting parking reforms were required for continuity with Climate Friendly and Equitable Community (CFEC) and that the City already complied with Phase A of the CFEC rules. He City Council Regular Meeting Minutes Page 5 of 8 December 5, 2023 reviewed the background and purpose of the CFEC, as well as recent updates to CFEC rules, including less stringent bicycle parking requirements; highlighted new information on how parking requirements had impacted businesses in Lake Oswego and other Oregon cities; and presented the details, pros, and cons of the proposed parking reform options for Phase B of the CFEC parking requirements. He also highlighted the public engagement plan and revised schedule for Council adoption in November 2024. Mayor Buck noted that regardless of the option Council chose, commercial parking mandates would be repealed in Lake Grove and the city's downtown, the two main town centers. Mr. Olson added there was a half space per residential maximum requirement in Lake Grove under Option 2B. Mayor Buck suggested Councilors consider what benefit would be gained if Council implemented expensive, complicated, difficult-to-understand, regulatory schemes in scant areas of the city as opposed to a citywide universal parking mandate repeal. Councilors unanimously favored Option 1, which would repeal all parking mandates citywide, but expressed concern about parking overflow into adjacent neighborhoods which would happen regardless of the option chosen. Councilors agreed the City needed to be ready to stay in good communication with and assist neighborhoods that would be impacted as well as supporting local businesses. To avoid losing businesses in Lake Grove, the City should consider urban renewal, which had a couple remaining projects in the area, one of which was parking. City Manager Martha Bennett explained the proposed set of regulations shifted the burden in commercial areas from the private sector providing parking to the public sector providing parking in the long run. While there would be immediate pressure for Lake Grove's business community, the impact would not be limited to that area. Parking was necessary to support the continued redevelopment of downtown. The public sector would face mounting pressure to provide parking unless the lending community requires it. Consolidated, well-placed parking was a healthier, long-term solution compared to dispersed parking, which burdened individual businesses. The City would need to make strategic investments in parking over the next 10 to 20 years. Mayor Buck noted this parking reform was not a repeal of parking, but a smarter, more responsive way to manage parking, and businesses would adapt to meet their specific parking needs. The proposed strategy was also part of the City's broader policy for climate friendly and equitable communities, and aligned with City initiatives like safe pathways, bikeways, and connecting neighborhoods to schools and the business community, and continued investment in active transportation and things to create a healthier community. Councilor Afghan asked which neighborhoods would experience parking spillover under Option 1. Mr. Olson replied no specific neighborhood could be identified. There could be potential for spillover downtown and Lake Grove under all the options. Staff believed the commercial areas outside of downtown and Lake Grove would have different regulations as a result of Option 1, but it was hard to predict. Councilor Afghan suggested that since the majority of areas already experienced parking challenges, and it did not seem any other neighborhoods would experience spillage, perhaps spillage should not be listed as a con for Option 1. Mr. Olson agreed, adding spillage was speculative and a concern Staff had heard. City Council Regular Meeting Minutes Page 6 of 8 December 5, 2023 Mayor Buck added that even though parking management was not on the list for Option 1, it did not mean the City would not look at parking management in the future if parking became a greater issue. Councilor Wendland expressed concern about Staff's workload, time, and well-being balancing parking public outreach and engagement with other priorities, such as the Housing Production Strategy (HPS), when parking reform seemed to have a logical conclusion. He preferred that Staff focus on housing or other policy items, including ministerial mitigations. Director Bennett noted if outreach was focused on a discussion around Option 1, as opposed to weighing all three options, it could be more of an educational campaign on how the City was working to repeal parking mandates to comply with State law and sought to discuss the potential impacts on neighborhoods, which could be done faster and with less resources. The City needed to have more of a dialogue, particularly with neighborhood associations, to understand the associations' concerns and how the City could mitigate them, as well as their perspectives on when the City should consider parking management, such as at what points quality of life would be affected. Director Numanoglu agreed focusing on Option 1 would compress the timeline, streamline the public engagement process and reduce Staff's time and workload. Mayor Buck confirmed the Council agreed community outreach would focus on socializing the idea of Option 1 and soliciting feedback and concerns from the community, rather than vetting the differences between the options. Staff confirmed the matter did not need to return before Council before a hearing unless significant policy questions arose during the public engagement process. Originally, Staff intended to do parking reform along with the HPS work, however knowing Council's direction on parking reform would benefit the HPS work. Mayor Buck added the Planning Commission did not need to labor over the issue extensively since there was clear consensus on the direction Council wished to go. He advised Staff to concentrate on things that would make a huge difference long-term for Lake Oswego's citizens. Parking reform 10. INFORMATION FROM COUNCIL Mayor Buck shared results from the Sustainability Advisory Board's (SAB) EV charging survey, which found that home charging was the most popular option, though charging in multifamily was more challenging. The biggest need was to have more fast charging in town, which Amanda Watson, Sustainability Program Manager, was working on with SAB, which had put signs around town identifying the location of EV charges. The Board was also working on a greenhouse gas emissions inventory update, though weighing the cost and benefit of that work was a challenge. Councilor Verdick commended the Parks and Recreation Department for the recent holiday tree lighting event, which was fantastic. She recognized the event was a challenge to coordinate, but she had received feedback that this year's lighting was the best one yet. 11. REPORTS OF OFFICERS City Council Regular Meeting Minutes Page 7 of 8 December 5, 2023 City Manager Bennett requested Council's approval of a letter written in response to the River Grove Water District Board who had asked the City to build a sidewalk on Childs Road, which was a good idea, however, it was difficult for the City to juggle its funded priorities, let alone add an unfunded priority. Building the sidewalk would result in the City breaking commitments made to other projects. She confirmed Council was in agreement to have the Mayor sign the letter. 12. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 7:40 p.m. Respectfully submitted, (4t)1A--). Kari Linder, City Recorder Appro ed by the City Council on January 16, 2024. Joseph . Buck, Mayor City Council Regular Meeting Minutes Page 8 of 8 December 5, 2023