West Linn City Council Work Session - Nov. 4, 2024

On Monday, Nov. 4, 2024, the West Linn City Council held a 1:00 p.m. work session in Council Chambers and virtually, one day before the 2024 general election. Council approved the agenda, received a Waterfront Project update, reviewed the proposed Code Process Amendment Package, discussed Safe Routes to School and long-term pedestrian-safety funding, heard the City Manager report, and discussed a possible community listening session on school closures. Formal action was limited to agenda approval; other items were discussion and direction to staff.

Public Comments & Testimony

• No oral public comments were offered. The agenda listed Rick Larson for public comment, but the transcript indicates no one spoke; Mayor acknowledged Jim and Holly from the West Linn Tidings in the audience.
• Later in the meeting, councilors referenced a written public comment from Rick Larson, a Transportation Advisory Board member, praising a holistic approach to traffic-safety projects and cautioning against a reactive, squeaky-wheel process. The City Manager noted Larson was correct that pedestrian projects had been discussed at TAB throughout the year.

Mayor and Council Reports

• Mayor reported on the third Vision 43 planning meeting and said a technical advisory group involving Metro, ODOT, and other organizations would meet soon. No other council reports were offered.

West Linn Waterfront Project Update

• Planning staff member Darren presented the update, explaining that he had resumed managing the project after Senior Planner John Floyd left city employment. The project stems from 2016-2019 outreach and retains four guiding principles: reinvestment opportunities, river access, transportation improvements, and historic character.
• After a COVID pause, City Council funded a consultant team, which was in place last fall. A draft vision plan was produced earlier in 2024 and taken through spring engagement, including a survey, map comments, and questions. The project working group reviewed the community engagement summary in early summer. Stakeholder meetings have included larger property owners and tribal interests.
• The final draft vision plan is expected to be complete in the next week and a half to two weeks, followed by another round of public engagement, likely through a survey on the city engagement website with district-specific maps. The vision area runs from roughly 205 down to the Willamette neighborhood.
• After the vision plan is finalized, next steps will include zoning and code analysis, transportation analysis, and a finance and redevelopment plan. The intent is to return to the Planning Commission and City Council in early 2025 for final review and endorsement.
• Councilor Gruner asked how the waterfront project interacts with the TIF district. Darren said the TIF plan included waterfront-area improvements such as Willamette Falls Drive and a parking structure near historic city hall, and that waterfront development would increase TIF increment to help fund projects.
• Council President Baumgartner praised the engagement with tribal interests and asked how floodplain, FERC easement, and other overlays would be conveyed. Darren said the vision maps align protected open space and natural areas with floodplain, water resource, and wetland protections, and include waterfront trails and viewing areas.
• A tour in Vancouver, Washington is scheduled for Wednesday, Nov. 20.

Code Process Amendment Package

• Darren presented draft Ordinance 1755, the Code Process Amendment Package. The package arose from work by the city attorney and staff to make processes more efficient, equitable, clear, and compliant with state statute.
• After a March 2024 City Council and Planning Commission work session, Council directed staff to work with the Planning Commission on four of five concepts: appeal process, extensions of approval, home occupations, and expedited/middle housing land divisions. A fifth concept, a hearings officer, was deferred. The Planning Commission discussed the topics over five meetings and, after a public hearing on Oct. 16, recommended adoption.
• Appeal process: Current code does not require an appellant to identify grounds for an appeal, and recent appeals often lacked specificity beyond transportation impacts. The proposal would require identifying the code criteria believed to be misapplied, while retaining the de novo hearing process. Councilor Gruner questioned subsection 3B about aspects overlooked or incorrectly evaluated, calling it potentially redundant and vague. Staff agreed to have the new City Attorney, Ms. Klein, review and clarify that language. City Manager noted the de novo process was originally intended to help non-expert community members, but it can add uncertainty and extra hearings. Council asked for research on how other cities handle new evidence and arguments in appeals.
• Extensions of approval: Current code lacks clarity on when extensions must be filed, allows unlimited extensions, and sends by-right extensions back to the Planning Commission. The proposal would require extensions to be filed and approved before the original three-year approval expires, limit extensions to one additional two-year period, and allow no-modification extensions to be processed as staff-level decisions with a 14-day notice. Extensions with modifications would still go to the original decision-maker.
• Home occupations: Current code has ambiguous terms, and a prior swim-school appeal was a primary driver for this topic. The proposal would prohibit outdoor business activity, including outdoor storage; remove the exemption for businesses with pupils or students from the vehicle-trip cap; set a maximum of 12 vehicle trips per day for businesses with pupils or students; and redefine trips for those businesses so drop-off and pickup together count as one trip. The Planning Commission also considered a type one/type two review process but decided to keep the current application process. Staff said family daycare businesses are regulated under Oregon Revised Statutes and are not treated as home occupations. Staff agreed to research how many existing home-based businesses could become noncompliant.
• Expedited and middle housing land divisions: Current code is not fully compliant with state statute and lacks submittal requirements and approval criteria for expedited and middle housing land divisions. The proposal would add definitions for middle housing, middle housing land divisions, and referee; make these staff-level decisions by the planning director; add submittal requirements and approval criteria; add referee authority for appeals; and update noticing requirements. Chapters 2, 37, 85, and 99 of the Community Development Code would be amended.
• Council President asked about the perception of development difficulty in West Linn. Darren said West Linn has a reputation for appeals and delays, noting a six-lot subdivision first applied for in 2016 that is only now building houses. The City Manager said the community strongly values thorough review, the city code has been built up over many years, and a full code rewrite would be time-consuming. Councilor Bonington said the real estate community sees West Linn as more challenging, but because little land remains, careful development may have benefits.
• Council agreed to continue the code discussion at the Nov. 18 joint work session with the Planning Commission, including the de novo process research and a possible hearings officer discussion. The public hearing before City Council remains scheduled for Dec. 9.

Safe Routes to School Discussion

• Eric, city staff lead, presented with Police Chief Mahuna, Jeremy Nichols from the school district, and city engineering staff. The Safe Routes to School program creates safe, convenient, and fun opportunities for children to walk, bike, or roll to school within school walking boundaries.
• The Sunset Elementary walking boundary is roughly a quarter mile, tighter than the typical half-mile to one-mile boundary. Jeremy Nichols said boundaries were reassessed before the 2023-24 school year, and bus stops exist in neighborhoods south and west of Sunset. Council members noted confusion about whether the boundary line itself prevented some street crossings from being eligible for Safe Routes funding.
• Funding history: In 2018, voters approved a $20 million general obligation bond for roads, parks, and facilities. One million dollars was authorized for Safe Routes projects, and council added funds in March 2022, bringing the total to $1,745,000. A 2019 DKS study with the school district identified 59 projects across six West Linn schools, totaling about $14.4 million in 2019 dollars. To date, four projects have been completed and two partially completed; about $1.2 million has been spent, leaving roughly $500,000 of allocated funds.
• The 2019 study included an open house with about 30 parents surveyed. Their stated priorities were safety, accessibility, connectivity, proximity, and whether a project was in the Transportation Systems Plan. Staff clarified that accessibility in that context does not necessarily mean ADA compliance.
• For Sunset Elementary, the study identified 17 projects: 15 sidewalk projects and 2 signing and striping projects, totaling roughly $4.4 million in 2019 dollars. Recent traffic-safety requests included a stop control at the Cornwall/Summit/Oxford intersection, a marked crosswalk at Oxford on Cornwall, additional school zone and pedestrian signage, sidewalks on Summit from Ridge Lane to Oxford, and sidewalks on Cornwall from Sunset to Oxford.
• A design contract is underway for the Bittner-Long sidewalk. The community indicated a preference for the south side of Long down to Simpson, and the project is about 50 percent designed. A separate DKS study has been contracted to collect traffic volume, turning movement, and pedestrian crossing data at intersections including Knox, Oxford, Lancaster, Sunset, Sussex, and Norfolk. Staff expects recommendations after the first of the year because data collection needs to occur while school is in session.
• Design considerations include ADA and PROWAG standards, curb, stormwater, driveway approaches, maintenance, tree roots, and existing topography. Staff noted rectangular rapid-flashing beacons can cost about $50,000 in equipment alone and $150,000 to $200,000 installed.
• Funding options discussed included another voter-approved bond and a Milwaukie-style monthly sidewalk fee called Safe Access for Everyone, with rates of $6.75 for single-family, $5.41 for multifamily, a commercial formula based on trips, and a low-income exemption. Staff noted an alcohol tax is preempted locally. Council generally supported having the Transportation Advisory Board and/or Budget Committee examine long-term funding strategies; the City Manager said staff would develop a problem statement and bring it back for formal assignment.
• Chief Mahuna said police had walked the Sunset routes, Sergeant Hosley had been leading the police response, and about 90 people responded to a survey on the issue. The department has installed moving radar in patrol cars and is considering speed cameras and red light cameras. Councilor Gruner requested extra speed enforcement on Sunset, and the request was added to the list.
• Council President praised the written public comment from Rick Larson and emphasized the importance of not becoming purely reactive to the most recent complaint. Council members also suggested shared-street signage and education, and asked staff to communicate with the Sunset neighborhood association about ongoing work.
• Staff described the Traffic Safety Committee as active, meeting on the third Wednesday of every other month, with internal off-month meetings. The online traffic concern form can put an issue on the next public agenda, and the city website now lists traffic complaints and their status. The Public Safety Advisory Board is currently inactive and may be reviewed at the January council retreat.

City Manager Report

• The City Manager reminded the community about winter weather preparedness, praised operations staff for cleaning catch basins, and pointed to the West Linn Ready website. He noted the next regular business meeting is Tuesday, Nov. 12, because Monday, Nov. 11 is Veterans Day. Life-saving awards and construction consent items are expected at that meeting. The wild animal feeding ordinance was moved to December. The Nov. 18 joint work session with the Planning Commission will continue the code amendment discussion.

Additional Discussion: Possible School Closure Listening Session

• The City Manager raised the school district's small schools task force and the possibility of closing small schools in West Linn. He proposed a listening session or town hall where community members could share comments with City Council, with the council then sending what it heard to the school board.
• Councilor Gruner cautioned against giving people the impression that the city could influence school closure decisions, since the city has no role in them. Other councilors supported the idea as a way to hear community members because school closures would significantly affect neighborhoods. Council agreed this should be a separate meeting rather than added to the already long Nov. 18 agenda, and online participation should be offered. The Mayor and City Manager will work on scheduling and carefully communicate that the city is not the decision-maker.

Key Outcomes

• Agenda approved unanimously by roll-call vote.
• Waterfront Project: final draft vision plan expected within 1.5-2 weeks, followed by final engagement, with Planning Commission and City Council review in early 2025 and a Vancouver tour on Nov. 20.
• Code Process Amendment Package: council will continue discussion at the Nov. 18 joint work session with the Planning Commission; staff will clarify appeal-language concerns, research de novo processes in other cities, and include a hearings officer discussion. Public hearing remains scheduled for Dec. 9.
• Safe Routes to School: DKS study of Sunset-area intersections will continue, with recommendations expected after the first of the year; staff will bring back a formal long-term funding question for TAB/Budget Committee consideration; speed enforcement request was logged; staff will reach out to the Sunset neighborhood.
• No ordinances were adopted; the meeting was a work session.