West Linn City Council Business Meeting – April 14, 2025

The West Linn City Council convened on Monday, April 14, 2025, at 6:00 p.m. for its regular business meeting, preceded by a pre-meeting at 5:30 p.m. The Council addressed a public hearing on a land-use appeal, approved a federal project intergovernmental agreement, awarded a waterline replacement contract, received a state legislative update, and adopted the 2025 planning docket. Mayor Rory Bialostosky recused himself from the public hearing due to a potential conflict of interest. All votes were unanimous except for one 3-1 decision on the appeal.

Consent Calendar

• Meeting Minutes: Approved minutes from the February 18, 25, and March 17, 2025, City Council meetings.
• Agreement with Clackamas County: Approved an agreement regarding the Plastic Pollution and Recycling Modernization Act.
• Lake Oswego Communications (LOCOM) Intergovernmental Agreement: Approved the LOCOM IGA.
• Vote: Motion carried 5-0.

Public Comments & Testimony

• Brian Greenwood (West Linn resident): Raised concerns about gravel left on streets after a February snowstorm, stating it creates hazards in bike lanes and for pedestrians. He requested prompt cleanup.
• Marylhurst Neighborhood Association: Scheduled to speak but no details provided in the minutes or transcript.
• Teri Cummings: Scheduled to speak but no details provided.

Discussion Items

• Earth Day Proclamation: Council President Mary Baumgardner read a proclamation declaring April 22, 2025, as Earth Day in West Linn, emphasizing investment in sustainable practices and stewardship of green spaces.
• Mayor and Council Reports:
  • Community Advisory Group Appointments: Council approved the appointment of Kent Wyatt to the CCI Committee, Shannen Knight to the Economic Development Committee (EDC), and Rob Kugler to the Sustainability Advisory Board (SAB). Motion carried 5-0.
  • Advisory Group Updates: Councilor Bryck reported on Utility Advisory Board discussions about water system master plan funding and Vision43 open houses. Councilor Bonnington attended Parks Board and EDC meetings. A joint meeting with the Transportation Advisory Board was announced for April 21.
• Intergovernmental Agreement (IGA) with ODOT – Willamette Falls Drive Improvements: Public Works Director Erich Lais presented the IGA for multimodal improvements (separated bike/pedestrian facilities) on Willamette Falls Drive from 16th Street to Ostman Road. The project is funded by Metro's Regional Flexible Funds Allocation (RFFA) of $3,497,580 (awarded in 2022 for 2025-2027). The current phase covers design and right-of-way acquisition: $940,000 federal funds with a city match of $107,669 (10.27%), totaling $1,047,669. Construction is expected in FY 2028-2029. Motion carried 5-0.
• Award of Contract for 2025 Waterline Replacement Project: Public Works Director Lais outlined the project, which replaces substandard water lines (cast iron, asbestos cement) in three phases: 1) Arbor Drive (relocating plastic services), 2) Parker/Sunset/Reed Streets (extending 8-inch main), and 3) Dollar Street and Santa Anita (rerouting exposed main). The project was bid under Local Contracting Review Board rules; Icon Construction & Development was the lowest responsible bidder at $1,463,679.04, funded by the water fund. Work is expected to start mid-May. Motion carried 5-0.
• Public Hearing – Appeal of Planning Commission Decision (AP-24-02): A de novo hearing on the appeal by Gary and Susie Alfson of the Planning Commission's approval of a 3-parcel minor partition and Class II variance at 2830 Coeur D Alene Drive. The variance would allow five single-family homes (instead of the code-permitted four) to access a 20-foot shared private driveway. Mayor Bialostosky recused himself due to prior relationships with the attorney for the appellants and with a party involved. Special Counsel Ashleigh Dougill outlined the criteria (CDC Chapters 12, 48, 75, 85, 92, 99). Associate Planner Aaron Gudelj presented staff report. The Alfson family argued that condition #2 requiring signatures from all sharing the easement should be removed; they claimed the access limitation on the plat was never agreed to and that requiring access via Tract C would be costly and unsafe. Neighbors (Carmen and Rufus Timberlake, and David/Sarah Baker represented by Kyle Grant) opposed the variance, arguing that the plat notes limit access to two lots and that the Alfson's current access is sufficient; they requested denial of the appeal and the variance. Council voted 3-1 (Bryck, Baumgardner, Groner in favor; Bonnington opposed) to make a tentative decision to approve the appeal, overturn the Planning Commission's condition #2, and direct staff to bring back findings for adoption on May 12, 2025.
• Oregon Legislative Session Update: City lobbyist Doug Riggs reported on the status of bills. Key topics included: a transportation package raising approximately $1.9 billion (including increased gas taxes, new vehicle fees, and road user fees on electric/delivery vehicles); jurisdictional transfer of Highway 43; recreational immunity (SB 179 passed Senate); middle housing mandates; Willamette Falls Locks funding; and transient lodging tax flexibility. The Council discussed the importance of securing substantial state funding before taking over Highway 43. Doug Riggs indicated tolling proposals appear dead.
• 2025 Planning Docket Projects: Planning Manager Darren Wyss presented the docket as recommended by the Planning Commission. Proposed projects include continuing Vision43, Housing Production Strategy, CFEC/Metro 2040 town center boundary adoption, FEMA floodplain compliance, code cleanup, and implementation of Housing Production Strategy. The Council also added an update to the Economic Opportunities Analysis (EOA) as a prioritized project, noting grant funding availability. The docket was approved 5-0. Councilor Bonnington raised interest in updating the tree code; the City will schedule a future work session on the topic.

Key Outcomes

• Consent Agenda Approved (5-0): February/March meeting minutes, recycling agreement with Clackamas County, and LOCOM IGA.
• ODOT IGA Approved (5-0): Authorized the IGA for federal project on Willamette Falls Drive; design and right-of-way phase funded at $1,047,669 (94% federal).
• Waterline Replacement Contract Awarded (5-0): Contract with Icon Construction for $1,463,679.04; construction to begin mid-May 2025.
• Appeal of Planning Commission Decision (3-1): Council voted to approve the appeal and remove condition #2, allowing the Alfson’s variance for five lots on the shared driveway. A final decision and findings will be presented on May 12, 2025. Parties may appeal to the Land Use Board of Appeals (LUBA).
• 2025 Planning Docket Adopted (5-0): Set the docket as recommended by the Planning Commission with the addition of the Economic Opportunities Analysis as a prioritized project. A future work session on tree code updates was committed.
• Legislative Priorities: Council will continue to monitor jurisdictional transfer and funding for Highway 43, Willamette Falls Locks, and other key bills.