West Linn City Council Work Session – April 21, 2025

The West Linn City Council held a work session on April 21, 2025, starting at 6:00 PM. The meeting covered three major topics: pedestrian safety prioritization (joint with Transportation Advisory Board), draft Right-of-Way Code revisions, and the draft Housing Production Strategy. Council also received reports from members and the city manager.

Consent Calendar

• The agenda for the April 21, 2025, City Council work session was approved unanimously (motion moved, seconded, and roll call showed all ayes).

Public Comments & Testimony

• Meredith Papst (representing AT&T) spoke during the Right-of-Way Code discussion. She stated that AT&T now understands the city intends to charge wireless providers a percentage of revenue fee for use of the right-of-way even when they do not own or operate facilities in the right-of-way. She argued that state case law (Quest v. Portland) requires actual use (ownership/operation of facilities) for such a privilege tax, and that AT&T’s fiber backhaul is only indirect use. She also noted that local privilege taxes are preempted by the state’s corporate activity tax since 2019.
• Leela Vega (representing Verizon) spoke during the Right-of-Way Code discussion. She echoed concerns about the fee basis, stating that charging providers (not infrastructure owners) could violate federal law (Section 253 of the Telecommunications Act) by creating an effective prohibition of service. She also noted administrative challenges with gross‑revenue fees for small cells and argued that percentage‑of‑revenue fees are not cost‑based and thus not FCC‑compliant.
• Anamika Concola (Youth Advisory Council member) spoke during the Transportation Advisory Board discussion. She expressed strong support for pedestrian safety projects, emphasizing the YAC’s prior recommendation for increased sidewalk connectivity to make the community safer and more connected.

Discussion Items

1. Transportation Advisory Board – Pedestrian Priority Information

• Eric Layus (Public Works Director) and Clark Eide (Assistant City Engineer) presented an updated pedestrian project list, reprioritized using Oregon Administrative Rules (OAR 660‑012). The new criteria include proximity to schools, underserved populations, crash history, and connectivity. The list contains 107 projects split into Tier 1 (no sidewalk on either side) and Tier 2 (partial sidewalk). Eight high‑priority Tier 1 projects total about $7.3 million; four high‑priority Tier 2 projects total about $5.2 million.
• TAB members (Jeff Krug, Rich Faith, Clayton Filter, Rick Larson, Alex Kraft, Logan Hart) commented on the process. They noted that the original 2016 list had 70% high priority (making prioritization meaningless) and that the new scoring, while objective, may need refinement—especially for projects in Metro 2040 centers that score high due to location but have low actual pedestrian demand.
• TAB Chair Jeff Krug emphasized that the city has no dedicated funding for these projects and urged council to consider a stable funding source. Rick Larson suggested creating an overall financial plan and preparing a ranked list from highest to lowest priority. Rich Faith noted that the council has final decision authority.
• Council members discussed combining sidewalk projects with crossings, water lines, and bike lanes for efficiency. They expressed interest in a consistent annual funding source (e.g., a traffic safety fee similar to Milwaukee’s) and possibly a bond measure for larger bundles. Councilor Bielostowski noted that a fee could generate $850,000/year (based on Milwaukee rates) and build 5,000‑6,000 linear feet of sidewalk annually.
• Staff and TAB agreed to continue refining the list, focusing on the top‑scoring projects and verifying ground conditions before reporting back to council.

2. Draft Right‑of‑Way Code

• Stephanie Hastings (Finance) and Lauren Breithaupt presented proposed code revisions to fill gaps identified since 2021, when the city moved utilities from franchise fees to a license‑based program. Key additions include clarification of definitions, registration requirements for providers, construction/relocation rules, audit language, insurance/indemnification, and penalty structures.
• The changes would create a separate usage fee for providers and operators (both at the same percentage of gross revenue as current franchises) and add a minimum fee for operators with no gross revenue. A separate resolution will set fees after code adoption.
• Two utilities submitted comments: Verizon requested exemptions for wireless from registration and usage fees; AT&T requested attachment fee exemptions and wireless record‑keeping exemptions. Both raised concerns about the city’s interpretation of “use of the right‑of‑way” for providers who do not own facilities. Staff noted that legal expert Nancy Warner will be available at the May 12 hearing.
• Council asked clarifying questions about revenue sources (total about $2 million/year, mostly from PGE and Northwest Natural) and about whether water/sewer utilities are included (they are exempted). Councilor Groner asked about “undergrounding antennas,” which was clarified as a consistency edit.
• Council gave consensus to bring the code back for formal adoption on May 12, 2025, after receiving written comments from AT&T and Verizon.

3. Draft Housing Production Strategy

• Matt Hasty (MIG) and Darren Wise (Planning Manager) presented the final draft. The Housing Production Strategy contains 11 actions, including rezoning for mixed‑use, updating system development charges, multiple‑unit property tax exemptions, tax increment financing, land acquisition/banking, public‑private partnerships, low‑income rental exemptions, zoning incentives, a construction excise tax (CET), homeownership tax exemptions, and fair housing education.
• The planning commission held a hearing in early April and recommended adoption with one change: delaying implementation of the CET until later in the six‑year schedule (about year 3–4) to allow other strategies to show results first. This change was supported by council discussion.
• Council members asked about CET usage in neighboring cities (Milwaukee and Beaverton have it; Lake Oswego does not). It was noted that CET revenue must be used partly for SDC reductions and partly for affordable housing subsidies.
• Council gave consensus to schedule the Housing Production Strategy for adoption on May 12, 2025.

Mayor and Council Reports

• Councilor Breich: Attended Bolton Neighborhood Association meeting (housing production strategy) and Planning Commission (Vision 43 update).
• Council President Baumgartner: Attended Willamette Falls/Landing Heritage Area Coalition and Willamette Falls Trust meetings; noted restoration of historic city hall and efforts for indigenous/public access.
• Mayor Bielostowski: Attended Clackamas Coordinating Committee (transit discussion) and met with Graymore (EV charging infrastructure).
• Councilor Groner: Attended Sustainability Advisory Board; discussed public works center electrification, solar panels, tree code review, and Graymore EV chargers.
• Councilor Bonington: Sunset Neighborhood Association needs a new president; Cars and Coffee event on May 31.
• Council President added: Transportation committee in Salem discussing Willamette Falls locks funding.

City Manager Report

• John Williams previewed upcoming meetings: May 5 work session (operations complex design, tree code technical amendments, Highway 43 update, CAG work plans), May 12 business meeting (Right‑of‑Way Code, Housing Production Strategy, stormwater manual), May 19 open work session. Budget committee meetings May 27, 29, and June 2 if needed. June 9 meeting canceled; business moved to June 16.
• He reported that of the year’s council to‑do items, only five remain unscheduled: storage container ordinance, budget homework, Lady B tugboat agreement, jurisdictional transfer, and tree code discussion. Several are already in progress.
• He promoted upcoming community events: gardening at Robinwood Station, work party at Palomino Loop, writers group, Spice Club at library, and a talk on normalization of anti‑Semitism at the library on Wednesday at noon.

Key Outcomes

• Right‑of‑Way Code: Council directed staff to bring the ordinance and related fee resolution for formal adoption at the May 12 business meeting. Staff will incorporate written comments from AT&T and Verizon and ensure legal compliance.
• Housing Production Strategy: Council directed staff to prepare the HPS for adoption at the May 12 business meeting, incorporating the planning commission’s change to delay the construction excise tax implementation.
• Transportation Advisory Board Pedestrian Priority: Council asked staff and TAB to continue refining the project list, focusing on top‑scoring projects and verifying on‑the‑ground conditions. Staff will explore funding options (e.g., a utility fee, bond measure) and report back at a future work session. No formal vote was taken; consensus was to keep the process moving.
• Council to‑do items: City manager will work with council to schedule remaining open items (storage container ordinance, budget homework, Lady B tugboat, jurisdictional transfer, tree code) for upcoming work sessions.