Work Session WSMilwaukie City Council

WS Agenda Page 1 of 1

COUNCIL WORK SESSION AGENDA Zoom Video Conference

www.milwaukieoregon.gov/meetings APRIL 7, 2020

Note: times are estimates and are provided to help those attending meetings know when an

agenda item will be discussed. Times are subject to change based on Council discussion.

Page #

Start Time: this meeting will begin later than usual at 5 p.m.

Zoom Video Meeting: due to the governor’s “Stay Home, Stay Healthy” order, the City Council

will hold this meeting through Zoom video meetings. The public is invited to join the meeting

online at https://zoom.us/j/122169691 (Meeting ID: 122 169 691) or by phone, see numbers

below. Comments may be submitted to ocr@milwaukieoregon.gov, verbal comments during the

meeting will be taken but may be limited.

1. Council Compensation Jury Outcome – Discussion (continued) (5:00 p.m.) 5

Staff: Ann Ober City Manager

2. Council Meetings Schedule Flexibility – Discussion (5:20 p.m.)

Staff: Ann Ober, City Manager

3. Adjourn (5:30 p.m.)

Join Zoom Meeting at

https://zoom.us/j/122169691

(Meeting ID: 122 169 691)

One tap mobile

+16699009128,,122169691# US (San Jose)

+13462487799,,122169691# US (Houston)

Dial by your location

+1 669 900 9128 US (San Jose)

+1 346 248 7799 US (Houston)

+1 301 715 8592 US

+1 312 626 6799 US (Chicago)

+1 646 558 8656 US (New York)

+1 253 215 8782 US

Americans with Disabilities Act (ADA) Notice

The City of Milwaukie is committed to providing equal access to all public meetings and information per the

requirements of the ADA and Oregon Revised Statutes (ORS). If you require any service that furthers inclusivity

please contact the Office of the City Recorder at least 48 hours prior to the meeting by email at

ocr@milwaukieoregon.gov or phone at 503-786-7502 or 503-786-7555. Most Council meetings are streamed live on the

City’s website and cable-cast on Comcast Channel 30 within Milwaukie City Limits.

Executive Sessions

The City Council may meet in Executive Session pursuant to ORS 192.660(2); all discussions are confidential and may

not be disclosed; news media representatives may attend but may not disclose any information discussed. Executive

Sessions may not be held for the purpose of taking final actions or making final decisions and are closed to the public.

Meeting Information

Times listed for each Agenda Item are approximate; actual times for each item may vary. Council may not take formal

action in Study or Work Sessions. Please silence mobile devices during the meeting.

1

Memorandum To: City Council

From: Community Development Director Leila Aman

CC: City Manager Ann Ober

Date: Friday, April 3, 2020

Re: Community Development and Engineering Department Projects – City

Council Update for A p r i l 7, 2020 Council meeting

Community Development/Housing/Economic

Development ▪ CET

▪ Sparrow Property

▪ Business Outreach and Resources

▪ Nonprofit Low-Income Housing Tax Exemption

▪ City Hall

▪ Current City Hall

▪ Pond House

Building

▪ Feb 2020 in review

Planning ▪ Comprehensive Plan

▪ Land Use/Development Review:

• City Council

• Planning Commission

▪ Design and Landmarks Committee

Engineering ▪ CIP Projects

COMMUNITY DEVELOPMENT/ECONOMIC DEVELOPMENT/HOUSING

Construction Excise Tax (CET)

• Staff are preparing a business relief fund to provide grants to small businesses affected by

COVID-19 impacts. This fund is supported by, and will be allocated from, the $130,000

economic development program revenue within the commercial CET tax collected.

Applications will open and close in April, grants will be prioritized to businesses directly

impacted by Governor Executive Orders 20-07 and 20-12 “Stay Home, Save Lives.”

Business Outreach and Resources

• Staff have responded to the COVID-19 impacts by compiling federal, state, and local

resources for businesses.

• Staff have conducted outreach to businesses with phone calls and via email to:

o promote business open for takeout and delivery

o connect businesses interested and capable of providing PPE assistance to Oregon

Office of Emergency Management

o provide notice of state and county eviction moratoriums to landlords and

leaseholders, and

o connect business owners to resources.

CITY OF MILWAUKIE

WS1

2

Sparrow Property

• Due to the impacts of COVID-19, staff will be contacting DEQ to explore an extension of the

Remedial Action Plan deadline. Staff submitted a technical assistance grant to Business

Oregon and are still awaiting a response to the application.

Pond House

• Staff has negotiated a Purchase and Sale Agreement for the Pond House property.

The buyer is currently conducting a 30-day due diligence period.

PLANNING Comprehensive Plan Update

• At their March 10, 2020 meeting, the Planning Commission completed deliberation

and recommended that the City Council adopt the draft Comprehensive Plan.

• The City Council was originally scheduled to open their public hearing on the draft

plan on April 7, 2020, but that meeting has been postponed until further notice. An

updated notice will be distributed once a new date has been identified.

• On March 3, 2020, the City Council adopted a resolution making appointments to the

Comprehensive Plan Implementation Committee (CPIC). CPIC work is being delayed

until the City Council adopts the Comprehensive Plan.

• On March 13, a Request for Qualifications was posted on the city’s bid page for Phase

1 implementation of the Comprehensive Plan as it relates to housing, tree protection,

and parking, as well as implementation of House Bill 2001. Responses are currently due

by April 10.

Land Use/Development Review

City Council

• On March 17, the City Council continued the public hearing for Elk Rock Estates in the

Island Station Neighborhood. The applicant originally proposed a 12-unit natural

resource cluster development and has reconfigured the proposed development as a

5-lot subdivision. Public notice was mailed and emailed to notify the public about the

new April 7 hearing date.

• On April 7, the City Council will hold a public hearing to consider the vacation of a

strip of public right-of-way on 51st Avenue just south of King Road. The hearing was

originally scheduled for March 17. The Council initiated the vacation process on

February 18, and public notice has been sent to nearby affected properties. To date,

no objections have been received by staff.

Planning Commission

• On April 28, 2020, the Planning Commission will hold two public hearings. The first

hearing will be for a major modification to the parking and loading configuration at

Ardenwald School (CSU-2020-001). The second hearing will address an application for

a 6-lot subdivision on Railroad Ave (S-2018-001).

• CU-2020-001 – An application for conditional use approval has been submitted to

establish a vacation rental at 10707 SE Riverway Ln. The application has been deemed

complete, with a public hearing tentatively scheduled with the Planning Commission

for May 12.

Design and Landmarks Committee

• The DLC has canceled its April 6 meeting as part of the City’s overall response to the

COVID-19 pandemic. The group will continue its review and discussion of a draft of

proposed amendments to the Downtown Design Review code at its next meeting,

currently set for May 4.

WS2

3

BUILDING

Feb 2020 in review: Valuation of permits issued: New Single Family – 3 $1,167,271 New ADU issued – 0 $0 Solar 2 Issued $31,635 Residential Alterations/Additions –4 issued $93,880 Commercial new - 0 issued $0 Commercial Alterations –5 issued $147,886 Demo’s –0 issued

Total number of permits issued (Structural, Mechanical, Plumbing, Electrical) 111 Total number of Inspections performed (Structural, Mechanical, Plumbing, Electrical) 323

ENGINEERING CIP Projects

Meek Stormwater South Phase

• Construction survey and utility potholing to begin end of March 2020. The contractor,

Tapani Underground, will start stormwater pipeline installation in April 2020. Due to

installation of the pipeline in the roadway, there will be impacts to traffic along the

route, which may include flagging, delays, detours, and section of road closures

throughout the project.

McBrod Avenue

• Interlaken Inc is constructing portions of the sewer and stormwater pipeline. An email

update regarding construction activities is sent to adjacent property owners and

tenants weekly.

Linwood Avenue SAFE

• The second open house was held January 15 for 60% plan design, with approximately

50 attendees. Staff continues to work towards solutions for driveway and tree impacts;

however, several secondary, unimproved driveways from the back or side of lots in

the Cedarcrest neighborhood, which are used to connect to Linwood Ave., will be

closed. This has caused high concern with one resident and we are currently working

through legal channels to resolve.

43rd Avenue SAFE

• A 30% plan design open house was held on Wednesday January 29 from 5 to 7 pm at

Lewelling Elementary School. A tentative design has been selected which includes

one shared bike/ped path and one standard sidewalk on 43rd Avenue. Due to right-

of-way constraints, Howe Street will receive two standard sidewalks and sharrows in

the travel lanes for bicycles.

42nd Avenue SAFE

• Staff will be responding to the public engagement survey that closed March 20, 2020.

• Proposed conceptual designs and the public engagement survey available on the city

webpage were announced via a Pilot article, social media posts, and post cards mails

to nearby residents. Staff met with the North Clackamas School District in January 2019

and received their support for the proposed design.

• The 42nd Avenue SAFE project will be advertised for bid with the 43rd Avenue SAFE

WS3

4

project to create cost savings and other efficiencies. The combination of the two

projects will delay the 42nd SAFE project one year, from summer 2020 to summer 2021.

22nd Avenue and River Road SAFE Project

• 11 people attended the 90% Design Public Open House on March 11th. The proposed

design is available for viewing on the project webpage and the online survey will

remain open for comments.

2019 Street Surface Maintenance Program (SSMP) Project

• The Contractor has begun planning for completing construction for Omark Drive, the

final street of the 2019 SSMP project. Work is anticipated to begin in April, depending

on weather forecast.

• Construction coordination will include communication with Alpine Food to minimize

impact on deliveries as much as possible.

Kronberg Park Multi-Use Walkway

• The light poles have been delivered and installed. Final finishes to the railing to be

completed this week along with signage. Boulders have been placed under the

bridge as the first step in creating a habitat for wildlife. NCPRD will be placing wood

stags and then we will add shrubs on the outer edge. The site is being cleaned and

graded for landscaping. Please join us for the Grand Opening on January 25, 2020 at

1 p.m.

Lake Road Reconstruction

• Being designed in-house. In both January and February staff met with both the Lake

Road NDA and the Historic Milwaukie NDA to share the design concepts to date. A

public open house is scheduled for February 27, from 5-7 PM at City Hall. The project is

essentially minimal widening from sidewalk to sidewalk; street widening will be mostly on

the north side - mostly narrowing the landscape area by some four feet. A contract has

been signed with Kittelson & Associates to design the relocation of the NW and NE

signal poles.

21st and Washington Signal Timing

• A contract has been signed with Global Transportation Engineering to tweak the signal

timing program here. Currently the signal operates on a 6-phase system and resets to

Phase 1 every time it is interrupted by a train. This will be changed to continuing with

the next scheduled phase each time an interrupt occurs.

WS4

Page 1 of 3 – Staff Report Revised 2/2020

COUNCIL STAFF REPORT OCR USE ONLY

To: Mayor and City Council Date Written: Mar. 12, 2020

Reviewed: Bonnie Dennis, Finance Director,

Scott Stauffer, City Recorder, and

Justin Gericke, City Attorney

From: Ann Ober, City Manager

Subject: Council Compensation (continued)

ACTION REQUESTED

Council is asked to make recommendations for amending Council compensation and expense

reimbursement policies.

HISTORY OF PRIOR ACTIONS AND DISCUSSIONS

November 12, 2019: Council was presented with the Council Compensation Citizen Jury’s

recommendations.

January 21, 2020: Council discussed amending the Council compensation rates and the list of

items and services that Council members can receive reimbursement for from the city.

ANALYSIS

Council Compensation

The 1978 city budget created a monthly stipend for the mayor ($75) and Council ($50). The

following explanation can be found on page 61 of the Fiscal Year 1978 budget:

“Such token payments are proposed to be made in recognition of the many hours of personal

time devoted weekly to City business. In addition, Council members often incur expenses in

the course of their City related work. It is anticipated that the payments by the City will be

treated by the recipients as reimbursement for such expenses as:

• Use of personal vehicle

• Meals

• Attendance at meetings (throughout State)

• Travel

• Telephone.”

In 1989, the Council monthly stipend was increased to $200 for the mayor and $150 for

councilors and in 2007 that amount was increased to $300 for the mayor and $250 for

councilors. The 2007 amount remains the stipend in 2019. councilors and mayor are also

currently provided with the following through the budget process:

• Membership dues and subscriptions ($2,000 for all Council members)

• Education and Training ($17,000 for all Council members, with $5,000 budgeted for the

mayor and $3,000 for each councilor)

@ CITY OF MILWAUKIE WS 1.4/7/2020

WS5

Revised 2/2020

• General Council Meals and Travel ($6,000 for all Council members)

• Office Supplies ($3,000)

• An electronic tablet or laptop device (one for each Council member)

The Council support budget totals $43,600 per year, and with technology and taxes, the total

budget is $46,000.

Staff has determined that the list of allowable Council expenses is addressed in broad terms

within the annual budget documents. Amendments to the list of allowable uses for

reimbursement and creation of new Council stipend rates should be approved through a

resolution at a future Council meeting.

Included in the citizen jury process was a presentation by Oregon Government Ethics

Commission (OGEC) staff, which can be viewed online at

https://www.youtube.com/watch?v=gg9U5360zl0&feature=youtu.be. Diana Gould, the

OGEC’s Compliance and Education Coordinator, outlined the process needed to approve a

Council compensation increase. The statements made by Ms. Gould are in alignment with the

Council’s past statements on this matter. Her presentation affirmed the following:

1) All votes for an increase in pay should be approved for future councils only.

Adopting the recommendation of the citizen jury, or any modification of the

recommendation, should only apply to individuals that are elected following approval

of a compensation amendment.

2) As every current Milwaukie councilor and the mayor could be elected again in the

future, all current members should disclose a possible conflict of interest at the start of

any meeting where compensation is discussed. Making such a declaration at the start of

the discussion is important because any decisions made by the Council could lead to a

future income increase for all five members.

Questions to Council:

1) Does Council want to modify the pay of future councilors and mayors? If so, please

specify what modifications are to be made.

2) Does Council want to modify how designated councilor/mayor funds may be used by

individual members? If so, what are those modifications?

If Council wishes to proceed with making compensation amendments, staff will forward the

amending resolution to the OGEC for review and will proceed with their recommended path

for adoption.

BUDGET IMPACT

Fiscal impacts depend on Council’s direction. Necessary changes will be made to the the

budget.

Page 2 of 3 – Staff Report WS6

Page 3 of 3 – Staff Report Revised 2/2020

COORDINATION, CONCURRENCE, OR DISSENTThe city recorder, finance director, and the city attorney have reviewed this report.

STAFF RECOMMENDATION

Council is asked to provide staff direction on funding modifications to be submitted for

review by the OGEC and for approval by Council.

ALTERNATIVES

Council could decline to amend compensation levels and the list of items for which Council

members can seek reimbursement.

ATTACHMENTS

None.

WS7