West Linn City Council Work Session – November 18, 2024

On Monday, November 18, 2024, at 6:00 p.m., the West Linn City Council held a work session in Council Chambers. The council approved an amended agenda that removed the wildlife ordinance discussion pending legal review and added a city manager compensation discussion. The meeting included a joint session with the Planning Commission on housing production strategies, a code process amendments update, public comment, and council reports.

Agenda Approval

• The council approved the amended agenda for the November 18, 2024 work session on a unanimous roll-call vote.

Public Comments & Testimony

• Note: The agenda listed nine public commenters; the transcript reflects four speakers during the public comment period, plus additional testimony from Kathy Hallecky later under the code process item.
• Nicole Jackson, a West Linn resident, expressed strong support for retaining the current de novo appeals process. She said city code is not accessible to average community members and that removing de novo would put residents at a disadvantage and force them to hire land use attorneys. She asked council members to explain how removing de novo would give the community a fair shot. Council President Baumgartner responded that the council’s questions had been misinterpreted and that she was not intending to remove de novo; after hearing public testimony, she said she favors keeping it.
• Jennifer Jackson, a 31-year resident and Nicole Jackson’s mother, urged the council to continue listening to residents and to continue the de novo process.
• Randall Young, a 33-year resident, described a neighboring repeat wildlife feeder, citing 13 skunks on a back porch and a flock of 100–200 crows, and urged the council to create an enforceable wildlife ordinance with teeth. The mayor said the ordinance is under legal review and will return in December.
• Steve Peterson, a neighbor, recommended the wildlife ordinance specify which animals may be fed, noted four other cities that ban crow feeding, and raised the risk of Portland’s crow roost migrating to West Linn. The mayor said the ordinance would be considered in December and could include an emergency clause.
• Kathy Hallecky, president of the Willamette Neighborhood Association, spoke during the code process item against removing de novo. She described residents’ long fight to restore de novo and said the public voice has already been reduced by state land-use changes and planning manager decisions. She asked the council to keep de novo so average residents can testify before the council. Council President Baumgartner clarified that limiting public comment time was not intended to reduce public access; the goal was to allow a variety of voices and accessibility.

Joint Meeting with Planning Commission: Housing Production Strategies

• The council met jointly with the Planning Commission. Planning staff and consultants Matt Hasty, Brandon Crawford, and Brendan Buckley presented the Housing Production Strategies process. The city received DLCD grant funding for consultant assistance with the HPS.
• The project is nearing the draft report stage. The consultant team and working group have narrowed a long list of strategies to a manageable, implementable set for the six-year planning period. Next steps include additional community outreach in early 2025, a project working group meeting in January–February, and planning commission/council adoption next spring.
• Strategies not recommended for the HPS included: UGB amendments, additional ADU promotion beyond current efforts, accessible design code amendments, expedited development review, and financial assistance/homebuyer education programs. The working group generally concurred, while noting continued coordination on the Stafford triangle UGB process.
• Recommended strategies included: rezoning for higher-density or mixed-use housing near Vision 43 and the waterfront; code amendments enabling smaller housing units; zoning incentives for workforce and affordable housing; SDC modifications such as eliminating or deferring SDCs for affordable housing and ADUs and scaling SDCs by unit size; fair housing education and referral services; tax increment financing; further evaluation of a construction excise tax; surplus land acquisition and public-private partnerships; and state-authorized tax abatements/exemptions, including for first-time homebuyers and multi-unit housing.
• Council and commission discussion included concerns that a construction excise tax could make West Linn less competitive for developers given already-high SDCs and lot costs; a suggestion to exempt lower-cost construction from a CET; and a request for more information about CET structure, revenue impacts, and local jurisdiction comparisons. Staff noted a CET can be capped at 1% for residential construction and can fund affordable housing subsidies, offset SDC reductions, and permitting fees. Councilor Bonnington noted West Linn has the highest SDCs in the region but also the lowest property tax rate, while Councilor Bright explained that SDCs are legally restricted to growth-related system improvements.
• During discussion, staff said SDCs for an ADU typically range from about $10,000 to $20,000, and West Linn’s single-family SDCs are the highest in the metro region.
• Commissioner Jones raised the issue of older homeowners not selling because they cannot afford to downsize; consultants responded that smaller-unit strategies could help create options for those households. Council President Baumgartner connected housing affordability to school enrollment and said none of her high school classmates lived in West Linn after graduation because they could not afford it.
• No formal vote was taken. Direction was to move the recommended strategies into the draft HPS and bring back additional information on the construction excise tax and related revenue/affordability questions.

Code Process Amendments

• Staff reviewed the Planning Commission’s recommended code process amendment package, including Ordinance 1755, and addressed four information requests from the council.
• Appeal process: A revised Community Development Code section would require an appellant to cite the municipal or community development code provision at issue, while preserving the de novo hearing process that allows new evidence and arguments.
• Home occupations: The Planning Commission recommended capping at 12 daily trips for home occupations with pupils or students. Staff reported 313 approved home occupations in the city; four in educational services/tutoring categories (three instruction and one music) represented about 2.6% of all home occupations.
• A comparison of nine metro-area jurisdictions showed a mix of appeal processes; larger jurisdictions often route staff-level appeals to the planning commission or review boards and reserve city council appeals for Type III discretionary decisions. Tualatin was the only jurisdiction reviewed using a hearings officer. Staff noted a hearings officer would add cost compared with volunteer commissions.
• Council members expressed support for retaining de novo because it helps non-lawyer residents present new information, while agreeing that appellants should specify the code provision being appealed. The mayor reported that the city attorney’s land use attorney also prefers de novo for error correction before LUBA. Planning Commissioner Watten said the planning commission should have a way to explain its decisions when the council hears an appeal; the mayor suggested referring the idea of routing staff-level appeals through the planning commission for further discussion. Commissioner Matlin noted the council remains subject to the 120-day land-use appeal clock.
• The council agreed to move the package toward a public hearing, with ordinance adoption scheduled for December 9 if ready.

City Manager Compensation and Contract Discussion

• The mayor explained that City Manager John Williams’ contract expired a couple of months ago and he has been working without a contract. No vote was scheduled; the council discussed compensation and selected a negotiator.
• Councilor Bonnington initially volunteered, and Councilor Bright was selected as the council’s negotiator for the new contract. The contract will mirror prior terms, with legal language review by the labor attorney and city attorney.
• The council reached consensus to equalize pay between the city manager and the city attorney after comparables showed the city attorney’s salary was higher. The estimated increase was about $18,000 per year, which would include the merit increase available under the expired contract and an internal market/step adjustment reflecting the city’s first in-house attorney. Staff will confirm affordability.
• Final contract adoption was scheduled for a special meeting on December 16, with the contract effective upon adoption.

City Manager Report and Council Reports

• The acting city manager reported that John Williams is on vacation until December 2, city offices are closed for the holiday Wednesday through Friday, and the council will hold a listening session Wednesday at the Adult Community Center about potential school closures. A legislative town hall with Senate President Wagner, Representative Jules Walters, and Daniel Wen was scheduled for the next evening at the Adult Community Center.
• Council President Baumgartner reported on the Willamette Falls and Landings Heritage Area Coalition, historic city hall renovations, and Willamette Falls Trust efforts to seek major donors and potentially acquire property.
• Councilor Bonnington reported that the Parks Board was not aware of the council’s practice of receiving reports from advisory groups and suggested communicating that practice.
• Councilor Grohner met with school board member Sherry Stewart about safe routes to school strategies and attended an Elected Essentials class in Hillsboro.
• Councilor Bright announced he will be absent for the December 2 and December 9 meetings; Council President Baumgartner will preside.

Key Outcomes

• Approved the amended agenda removing wildlife ordinance discussion and adding city manager compensation.
• Preserved the de novo appeal process in the code amendment package while requiring a code citation; scheduled ordinance adoption for December 9.
• Directed staff to incorporate recommended housing strategies into the draft Housing Production Strategy and to provide more information on the construction excise tax and related financial impacts.
• Selected Councilor Bright as negotiator and reached consensus to equalize city manager pay with the city attorney; final contract scheduled for adoption December 16.
• Deferred the wildlife ordinance to December after legal review.