Agenda Report 2017-06-26-01 - Granicus

Agenda Report 2017-06-26-01

Date: June 15, 2017 To: Russ Axelrod, Mayor Members, West Linn City Council From: Kathy Mollusky, City Recorder KM

Through: Eileen Stein, City Manager ES

Subject: Consent Agenda Purpose Approval of City Council Meeting Notes Question(s) for Council: Does Council wish to approve these City Council Meeting Notes? Public Hearing Required: None required. Background & Discussion: The mentioned City Council Meeting Notes are ready for Council approval. Budget Impact: N/A Council Options:

1. Approve Council Notes 2. Revise and approve Council Notes

Staff Recommendation: Approve Council Notes Potential Motions: Approval of the Consent Agenda will finalize this set of notes. Attachments:

1. May 8, 2017 Council Meeting Notes 2. May 16, 2017 Council Meeting Notes

22500 Salamo Road

West Linn, Oregon 97068

http://westlinnoregon.gov

WEST LINN

CITY COUNCIL MEETING

NOTES

May 8, 2017

Call to Order and Pledge of Allegiance

Council Present: Mayor Russ Axelrod, Council President Brenda Perry, Councilor Teri Cummings, Councilor Bob Martin, and Councilor Richard Sakelik. Staff Present: City Manager Eileen Stein, City Recorder Kathy Mollusky, Assistant to the City Manager Dylan Digby, Citizen Engagement Coordinator Courtney Flynn, Associate Planner Peter Spir, Community Development Director John Williams, Public Works Director Lance Calvert, Planning Manager John Boyd, and City Attorney Tim Ramis.

Approval of Agenda

Council President Brenda Perry moved to approve the agenda for the May 8, 2017, West Linn City Council Meeting adding appoint Parks and Recreation Board and Citizens' Budget Committee members under Business from the City Council. Councilor Bob Martin seconded the motion.

Ayes: Mayor Russ Axelrod, Council President Brenda Perry, Councilor Teri Cummings, Councilor Bob Martin, and Councilor Richard Sakelik.

Nays: None.

The motion carried 5 - 0

http://westlinnoregon.gov/

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Community Comments

Alice Richmond congratulated Mayor Axelrod on being chair of the Willamette Falls Locks group. Mayor Axelrod clarified that he is a co-chair with Commissioner Schrader. Julie Walvatne spoke about the tree that fell on the gentleman.

Proclamations, Recognitions and Scheduled Presentations to Council

Public Works Week Proclamation

PW Proclamation

Public Works Director Calvert introduced Jeff Randall, street supervisor; Mike Cardwell, environmental supervisor; Erich Lais, Assistant City Engineer; and Matt Katz, water supervisor. Mayor Axelrod read the Public Works proclamation.

Kids to Parks Proclamation

Kids to Parks Proclamation

Mayor Axelrod read the Kids to Park Proclamation.

Metro Councilor Carlotta Collette Update

Metro Councilor Collette presentation.

Metro Update

Consent Agenda

Agenda Report 2017-05-08-01: Approval of Meeting Notes for April 10, 2017

Draft Notes Information

Councilor Brenda Perry moved to approve the Consent Agenda which includes the April 10, 2017 meeting notes. Councilor Richard Sakelik seconded the motion.


Nays: None.


Business Meeting

Agenda Report 2017-05-08-02: PUBLIC HEARING – Appeal of Reconsideration Decision to Approve 1800 Upper Midhill Drive Subdivision (AP-17-01)

Upper Midhill Information

Submittals received by 4 pm 5-4-18




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Mayor Axelrod explained this is a quasi-judicial decision where the rulings must be grounded in the relevant code, and if the application meets the code, the Council must approve it. Council will not accept new evidence and is only accepting testimony and argument that relates specifically to the scope of the reconsideration. This is limited to adequate public facilities including traffic impact and influences and pedestrian improvements and safety that are related to Community Development Code (CDC) 85.200(A). He explained how the hearing would proceed and opened the public hearing. City Attorney Ramis explained the applicant has the burden of proving that the application is consistent with the CDC, Comprehensive Plan, and any applicable Municipal Code provision. The criteria that must be addressed in this hearing are CDC 85.200(A) Streets. Any testimony, argument or evidence must be directed at these criteria or some other criteria which the speaker believes should apply to this decision. The applicant or anyone who takes part in the hearing may request a continuance or ask that the record be left open to present additional information. He emphasized that this appeal is on the record. This means Council does not accept new evidence into the record or testimony that was not presented to the Planning Commission. People may introduce new arguments, but not new evidence. Failure to raise an issue accompanied by statements or evidence sufficient to allow Council and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals (LUBA based on that issue).

City Attorney Ramis inquired if Council wished to declare a potential or actual conflict of interest or bias. There were not any He asked if any member of Council wished to report any site visits or ex parte communication. Councilor Sakelik drove past the location. Councilor Martin had a telephone conversation with Jim O'Toole. Mr. O'Toole informed Councilor Martin that he had negotiated an agreement with the applicant about how trucks would be routed on Upper Midhill and Arbor. Also, he is liaison to the Planning Commission and is careful during those meetings to sit away from others so he does not overhear or participate in conversations. With Planning Commissioners, he does not talk about the specific issues. He has not had any conversations that would affect his ability to make a decision. Council Presidnet Perry said Council received some emails and she believes they are all in the record. Councilor Cummings was at a meeting at the Willamette Fire Station and a Planning Commissioner stated to talk about the application. The conversation was brief and all that was said was that the application was about to happen. Mayor Axelrod also received the emails that were forwarded onto staff and also emails about

what the Planning Commission decision meant. He informed them of the process. City Attorney Ramis asked if any member of the audience wished to challenge the jurisdiction of the Council to hear this matter. There were not any. He asked if any member of the audience wished to challenge the impartiality or ex parte disclosures of any member of the Council. Alice Richmond challenged Councilor Martin's impartiality due to the March 22, 2017 Planning Commission meeting when they heard Upper Midhill Drive. She stated Councilor Martin was deeply involved and coaching Planning Commission members and is biased. She asked him to recuse himself. Councilor Cummings asked if Ms. Richmond heard what Councilor Martin said to the Planning Commission members. Ms Richmond heard him say to Commissioner Farrell: well, you go with all your guns and see what you think you leave there. She clarified he said: to use all your authority to deny it because it isn't clear what they are going to do with the traffic situation. Councilor Martin does not recall this conversation. He is willing to recuse himself if it gives the appearance that this is not legitimate. He stated everyone has a bias because they have all heard it before. The question is if we are biased about what is before us tonight, if the proposal satisfies the condition we denied on - that is the traffic and infrastructure. He has not had any conversations with anyone about that. The proposal came out at the last meeting and he has not had any conversations since then so he feels it would be fair for him to hear it. Council President Perry would be sorry to have Councilor Martin step down. She feels he knows the Code the best and she does not want to lose his expertise. Councilor Sakelik feels Councilor Martin goes out of his way to be impartial. Mayor Axelrod explained Councilor Martin is the liaison to the Planning Commission and part of his job is to help and guide the Planning Commission as they address the complications before them.

Alice Richmond submittal

Council President Brenda Perry moved to retain Councilor Martin for this hearing. Councilor Teri Cummings seconded the motion.

Ayes: Mayor Russ Axelrod, Council President Brenda Perry, Councilor Teri Cummings, and Councilor Richard Sakelik.

Nays: None.



Staff Report and Presentation Associate Planner Spir staff presentation.

Staff Presentation

Questions of Staff Council President Perry asked if three years from the final plat means the final piece is sold and planned? Associate Planner Spir clarified the applicant has three years from the date of approval to record the final plat document. Prior to the final plat document being recorded, they have to complete all the conditions of approval. If they go beyond the three years, their application is void. Councilor Martin asked if it were added to the Code where citizens could ask for an extension and what exactly does the Code say. Planning Manager Boyd stated the extension options Councilor Martin is referring to, due to the downturn of the economy, had a sunset provision and have been removed from the Code. Mayor Axelrod asked if under the Community Development Code (CDC) 85.200(A), there is a requirement for street and home orientation. One concern he has is how trees can be retained. He asked if there was a grading report and a geotechnical repot done. Associate Planner Spir replied the main streets are on a north/south axis born out of solar access in the 1990s. There is a preliminary grading plan submitted and geotechnical report submitted, both considered satisfactory. They were able to retain a significant number of trees. Council President Perry reminded Mayor Axelrod they are not considering trees or geological, only traffic mitigation and safety. Mayor Axelrod feels the construction traffic is relevant. Councilor Sakelik asked if the traffic mitigation will be complete before grading and construction starts at Midhill. Associate Planner Spir thinks it will be concurrent. Councilor Cummings stated CDC 85.200(A) talks about adequate offsite and onsite facilities. She asked what the street will be called.


Associate Planner Spir replied it is important to have names that are acceptable to emergency service providers and the post office. He does not know what they will be called.

Appellant's Presentation Jason Harra, Jessica Harra, and Rick Nys, Traffic Engineer. Mr. Nys had three major points. (1) Highway 43 and Arbor Drive intersection. The proposed improvement eliminates the wide shoulders. It narrows it down to 5-1/2 feet for a multi-use path and does not appear to be ADA compliant. (2) The traffic study does not adequately address the background traffic, the traffic that may grow on Highway 43 from when they completed their traffic counts and when the development will be complete. (3) The March 1, 2017 traffic study was not signed or stamped by an engineer which is a requirement of City Code. They conducted a 24-hour traffic count last Thursday. Applicant's attorney, Michael Robinson, objected to the testimony regarding the traffic study done last Thursday. It is outside of the record and if Council relies on this evidence, the project is at a risk of being remanded. Mr. Harra lives close to the potential project. He feels the project it is based on a flawed traffic analysis and that it does not address existing or future public demands. Per ORS 197.360, it must satisfy transportation, sewer, water, drainage and other facilities or services necessary for the proposed development. He asked Council to deny the application. Mrs. Harra asked Council to deny the development based on how the inadequate facilities affect the children in this area.

Jessica Herra display

Councilor Cummings added to her site visit disclosure that she visited the site yesterday.

Applicant Presentation Seth King, applicant's attorney; Ryan Zygar, developer; Michael Robinson, attorney; Matt Bell, transportation engineer; and Andrew Tull, project planner. Mr. King reminded Council the property is zoned the same as the surrounding properties. The applicant is not required to address existing deficiencies in the system, it is required to address its impact. He summarized the differences in this proposal from the previous one: (1) There are additional mitigation measures - improvements at Willamette Drive and Arbor Drive. (2) The applicant is making his fair share contribution toward the long-term improvements of $11,600. These will be completed prior to the grading permit being issued. (3) Improvements to Hillside Drive. (4) Updated traffic analysis. (5) Findings that address each of the areas of denial that this Council originally found. They concur with the staff report recommendation and the Planning Commission's decision to approve this application with the conditions. He reminded Council that they asked the Land Use Board of Appeals (LUBA) to remand this project back to the City


for reconsideration. The Planning Commission conducted the public hearings and at this point, there should not be any new evidence submitted. They asked Council to strike all the new evidence they have received; for instance, the Harra letter submitted today including the bibliography Councilor Martin referenced, all those resources referenced, and testimony that presents a Robinwood Neighborhood overlay zone. The appeal is limited to the issues that are limited in three ways: (1) they need to fall within the scope of reconsideration which is limited to adequate public facilities, under CDC 85.200(A). (2) An appeal issue has to be identified in the appeal statement, under CDC 99.280(b). (3) An appeal issue has to be raised with sufficient specificity at the Planning Commission to allow parties to respond from CDC 99.280(D). There is only one issue in the appeal statement that meets all three criteria and that is the issue of the bike lanes on Willamette Drive. Mr. Bell's company worked with ODOT to develop the interim improvements. There are 5-1/2 to 6 foot bike lanes, 11 foot travel lanes and a 13 foot two-way left turn lane. This is consistent with the city's long-term plans for Highway 43 identified in the Concept Plan. These improvements run from the northern part of the city to Hidden Springs. Mr. Tull responded to questions previously asked. (1) Geotechnical studies. They have a geotechnical engineer who, along with others, makes sure the site design, grading plan, and the geotechnical recommendations work together. They continued to work together to address any items in the report and any additional geotechnical issues they may encounter during construction. (2) CDC 85.200(A)(1) regarding solar orientation states streets should be conditioned towards the sun as site conditions allow and that building lines are oriented along an east/west axis. That is ideal on flat land with vacant sites. This site has existing streets. CDC 85.200(A)(11) states cul de sacs and closed in streets are not allowed unless there is no feasible alternative. They can connect Hillside and Upper Midhill Drive. (3) Road Grades. 15% is only at one or two locations when you come around the corner connecting those two roads. The average is closer to 8% to 10%. They are providing sprinklers in all the homes due to the 15% grade.

Full Size Render Hwy 43

Public Testimony Doug Palmer opposes Midhill development because it poses a problem for cyclists on Highway 43. Robert Stowell would like a crosswalk on Highway 43. Alice Richmond regarding the increasing amount of traffic on Highway 43 due to neighboring cities. She is in favor of the application. Chris Harris is in support of the appeal. He does not think the improvements are adequate and questions the data.


Ryan Zygar is against the appeal. He is the developer of the subdivision and is willing to put the improvements in prior to building the subdivision. Scott Chandler would like Council to deny the application. Friedrich Baumann stated it is a problem to get from Arbor Drive onto Highway 43. He is in support of the appeal. James O'Toole, Robinwood Neighborhood Association President, informed Council his neighborhood association is against development, including this project.

Council President Brenda Perry moved to extend the meeting to 11:00 pm. Councilor Richard Sakelik seconded the motion.


Nays: None.


Sue Yockey, on behalf of Joanne Desky, is in opposition to the development because it does not comply with the American with Disabilities Act (ADA). It would make it more dangerous for her.

Applicant Rebuttal Michael Robinson, attorney, informed Council that the applicant cannot do the rebuttal until Council decides what is in the record or not. Much of tonight's testimony is outside of the record. He objects to Mr. Nys' testimony, Mr. Herra's letter dated today, Mr. Palmer's testimony, and Mr. Baumann's testimony. There are four appeal issues and staff informed Council only one of the issues was properly preserved and within the scope of the reconsideration, the applicant concurs. City Attorney Ramis explained anything that was not presented to the Planning Commission is not in the record. Council will decide what evidence they will consider and if they decide to consider any evidence that is beyond the record, it could create error that could undermine their decision on appeal. He advices Council to only consider evidence that was already introduced at the Planning Commission. In the Code, Council is allowed to take in new evidence if there was a factual error. If Council is planning to accept evidence that was not presented to the Planning Commission, Council will need to find that it meets one of the two exceptions. Councilor Martin Read CDC 99.250(A)(c)(ii): If petitioner is requesting that the Council re-open the record to allow submission of additional written testimony and evidence as part of the appeal, petitioner must show that (ii). A factual error occurred before the Planning

Commission, through no fault of the petitioner, which is relevant to an approval criterion and material to the decision. Mr. Robinson explained that this request needed to be made when the appeal was filed. You cannot go through an entire appeal and then make this allegation, all parties needed to know that certain new evidence would be allowed. Per the Code, everyone makes their case at the Planning Commission and the applicant knows what they need to respond to since they have the burden of proof. Mayor Axelrod read Appeal of Planning Commission approval decision for File No. AP-16-02 Upper Midhill Drive appeal: (3) The Planning Commission approval incorporates an Off-Site Traffic Mitigation with the addition of a north-bound left turn lane onto Arbor. Nothing has been stated about how this will affect the existing bike lanes. We would like to see this addressed in a more substantial way. There is very little room to retain bike lanes in both directions and carve out a turn lane. Mr. Robinson stated this does not mention anything about the methodology or critiquing the TIA. There was no notice those items were going to be considered tonight. The methodology and traffic studies are outside of the scope of this appeal. Mr. Harra's intention was to appeal the off-site mitigation and its affect on all transportation. His testimony questions the evidence previously presented to Council. Mayor Axelrod sees that as a new evaluation of the same information, not new information. The broad issue is adequate public facilities, the configuration, and how traffic is managed. Mr. Ramis explained the testimony included expert opinion that did not appear at the Planning Commission. New evidence has been introduced through an expert and was included in a letter that was submitted. His view is that this material was not in the record. Council will have to make a finding that it meets one of the exceptions. He explained people can debate what the facts in the record demonstrate and they can raise new legal issues. The issue is specifically related to the adequacy of the street system. Council President Perry thought the appeal was about the third point as previously stated and that Council could not consider the other three areas. City Attorney Ramis stated the issues you can raise under the criteria are limited to the issues raised on the appeal. Mayor Axelrod has received an interpretation from staff on if something applies to the appeal. When he reviews staff finding two about the geologic elements and adequate public facilities and the traffic analysis, it does not consider all the activity that will be happening at the site during development. In his mind, this all comes down to Arbor and Highway 43.

City Attorney Ramis stated the Mayor is making a connection between the amount of dirt that will have to be moved during construction and the adequacy of the transportation system. If Council finds the record is inadequate to find that the standard is met, they may have a basis for denial or may provide a condition. The Planning Commission provided a condition that dealt with the impact on the streets during the construction phase. Council President Perry stated Council is considering what the appeal was from the decision, the four elements. Council is disregarding three and are only considering the one element. City Attorney Ramis explained staff believes the one element is within the scope of the reconsideration.

Councilor Teri Cummings moved to continue the hearing to May 18 at 5:00 pm. Council President Brenda Perry seconded the motion.


Nays: None.


b. Agenda Report 2017-05-08-03: Intergovernmental Agreement Stafford Urban Reserve Areas

Stafford IGA

Mayor Axelrod explained they do not yet have a draft copy of this.

Council President Brenda Perry moved to extend the meeting to 11:30 pm Councilor Richard Sakelik seconded the motion.


Nays: None.


Agenda Report 2017-05-08-04: Award Professional Services Contract to Update Surface Water and Sanitary Sewer Master Plan (PW-16-04)

Contract Information

Public Works Director Calvert staff report.

Council President Brenda Perry moved to authorize the City Manager to sign the Personal Services Agreement with Brown and Caldwell in an amount not to exceed $483,753 for the Surface Water and Sanitary Sewer Master Plan updates project adding that the Utility Advisory







Board will be the citizen advisory committee that advises on this project. Councilor Richard Sakelik seconded the motion.


Nays: None.


Business from the City Council

Council President Brenda Perry moved to appoint David Kleinke to the Parks & Recreation Board and Mark Adams to the Citizens' Budget Committee. Councilor Bob Martin seconded the motion.

Ayes: Mayor Russ Axelrod, Council President Brenda Perry, and Councilor Bob Martin.

Nays: Councilor Teri Cummings and Councilor Richard Sakelik.


Council President Perry read a letter she would like to send to the Clackamas County Board of Commissioners.

Letter to Clackamas County

8. Report from the City Manager

Adjourn




22500 Salamo Road

West Linn, Oregon 97068

http://westlinnoregon.gov

WEST LINN

CITY COUNCIL MEETING

NOTES

May 16, 2017

1. Call to Order – 7:17 p.m.

Council Present: Mayor Russ Axelrod, Council President Brenda Perry, Councilor Bob Martin, and Councilor Richard Sakelik. Council Excused: Councilor Teri Cummings Staff Present: City Manager Eileen Stein, City Recorder Kathy Mollusky, and Human Resources Director Elissa Preston.

2. Agenda Report 2017-05-15-01: Collective Bargaining Agreement Ratification – Resolution 2017-05: A Resolution Authorizing the American Federation of State, County and Municipal Employees (AFSCME) Collective Bargaining Agreement

Council President Perry moved to approve the new three-year collective bargaining agreement, effective July 1, 2016 through June 30, 2019 with the City’s AFSCME members and authorize the City Manager to enter into the agreement. Councilor Martin seconded the motion.

http://westlinnoregon.gov/

Ayes: Mayor Russ Axelrod, Council President Brenda Perry, Councilor Bob Martin, and Councilor Richard Sakelik.

Nays: None.


3. Appoint Citizen Advisory Board Member

Mayor Axelrod placed before Council appointing Mark Adams to the Citizens’ Budget Committee.

Council President Perry moved to approve the Mayor’s Citizen Advisory Group appointment. Councilor Martin seconded the motion.

Ayes: Mayor Russ Axelrod, Council President Brenda Perry, and Councilor Bob Martin.

Nays: Councilor Richard Sakelik.


4. Adjourn – 7:35 p.m.

Documents

Agenda Report 2017-06-26-01 - Granicus