BEAVERTON CITY COUNCIL REGULAR MEETING MINUTES APRIL 21, 2003 CALL TO ORDER: The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth Council Chambers, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, April 21, 2003, at 6:36 p.m. ROLL CALL: Present were Mayor Drake, Couns. Betty Bode, Fred Ruby, Forrest Soth and Cathy Stanton.  Coun. Dennis Doyle was excused.  Also present were Chief of Staff Linda Adlard, City Attorney Mark Pilliod, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Engineering Director Tom Ramisch, Operations/ Maintenance Director Gary Brentano, Library Director Ed House, City Transportation Engineer Randy Wooley, Police Captain Stan Newland and Deputy City Recorder Catherine Jansen. PROCLAMATIONS: Mayor Drake acknowledged Municipal Clerks Week (April 27 – May 3, 2003) and Community Development Week (April 21 – April 27, 2003) CITIZEN COMMUNICATION: Mayor Drake noted Boy Scout Troop 872 was present and the scouts were working on their Citizenship Badges.   COUNCIL ITEMS: Coun. Stanton announced a bench would be dedicated to Roy Dancer, in Roy Dancer Park, on Saturday, April 26, 2003, at 10:00 a.m.  She also noted Intel was holding its grand opening for Ronler Acres. STAFF ITEMS: Chief of Staff Linda Adlard reported the Red Light Bill passed the Senate today 17-10 and a quick turn around was expected once it went to the Judiciary Committee.  She explained this bill was introduced by Senator Bruce Starr; it allowed cities with a population over 50,000 to increase the number of photo red light cameras from the currently-allowed four to eight.   Beaverton City Council Minutes – April 21, 2003 Page 2 City Attorney Mark Pilliod stated he received a phone call from the attorney and representative for Salem Communications regarding unsubstantiated information they received after the close of the hearing.  He explained the station had been broadcasting since 1947 but there appeared to be a discrepancy as to when the existing tower was constructed, which may have been as late as 1959.  He said the applicant wanted Council to be aware that they did not intentionally misstate any information; they wanted to be completely up front even though they realized this information would not become part of the official record.  He said that based on Council questions to many of the people who testified, most if not all of them purchased property or developed their homes after the tower was constructed, so the effect was inconsequential.   Council thanked him for the information. CONSENT AGENDA: Coun. Ruby MOVED, SECONDED by Coun. Soth that the Consent Agenda be approved as follows: 03094 Final Order Granting Appeal and Reversing the Planning Commission’s Denial of a Radio Tower; Salem Communications, Applicant;  CUP 2001-0033/APP 2002-0016,  CUP 2001-0032/APP 2002-0017, and TPP 2002-0003/APP 2002-0018 (Continued from meeting of 04/14/03) 03095 Liquor License (Pesaro Italian Grill) 03096 Boards and Commissions Appointments  Question called on the motion.  Couns. Bode, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously.  (4:0) PUBLIC HEARING: 03097 Appeal of CPA 2002-0014 Transportation System Plan Update Implementing Amendment (APP 2003-0006) Mayor Drake opened the public hearing. Engineering Director Tom Ramisch explained this was an appeal of the amendments to the Transportation System Plan (TSP).  He said the appeal addressed the proposed street connection between Fairfield Street on the east and Terman Road on the west, which went through the Cedar Hills Crossings Shopping Center, formally known as Beaverton Mall.  He explained the TSP went through months of review and there was a high level of harmony with the plan with this one exception.  He explained that in the late stages of the review, two new factors came to light.  First, he said, CE John Company applied to build a theater complex on the west side of the mall, in the same area where the City envisioned this street to come out on the west end.  Second, he noted, was the approval of a new traffic signal at Fairfield Street and Cedar Hills Boulevard.  He said they anticipated a change in traffic patterns and this long term connection would be influenced with the installation of the new signal.   Beaverton City Council Minutes – April 21, 2003 Page 3 Ramisch explained that because of these two factors, staff was recommending the deletion of this proposed connection in the plan and that the appeal of CE John Company be granted.  He said staff felt they could proceed with this change in the plan and all parties would be satisfied. Coun. Stanton noted the Hocken Street connection was still shown on Figure 6.4 (under the “C” on Cedar Hills). Ramisch explained that was the Hall Street extension; the Fairfield extension would be to the north and was not shown. Coun. Soth asked if the Hall Street extension would remain a private street.   Ramisch answered it would remain a private street built to City standards. Coun. Stanton confirmed with Ramisch that the location information on page 99, Table 6.3, would be changed.  APPELLANT:    Renee France, CE John Company, Portland, stated they were in complete agreement with the staff report and would reserve comments.  She said that if the Council decided on anything different from the staff’s recommendation, she wanted to discuss their appeal.    She thanked staff for working with them through the entire process.   Mayor Drake explained Council could not voice its direction during the public hearing.   She said she understood that and the record was complete with their position and the facts.  She asked if Council had any questions or concerns.   Coun. Soth asked if she concurred with the present recommendation in the staff report.   France said she did. There was no additional testimony. Mayor Drake closed the public hearing. Coun. Soth MOVED, SECONDED by Coun. Ruby that the Council grant the appeal of CPA 2002-0014 Transportation System Plan Update Implementing Amendment (APP 2003-0006) and affirm the staff recommendation to modify the Planning Commission recommendation by deleting the Fairfield Street extension from Cedar Hills Boulevard to Hocken Avenue and Terman Road from Figure 6.4 Functional Class, Figure 6.5 Street Improvement and Table 6.3 Street Improvement Master Plan, and direct staff to prepare the final order and ordinance.   Mayor Drake confirmed the motion included what was recommended and all substantial records in this matter. Beaverton City Council Minutes – April 21, 2003 Page 4 Pilliod clarified that staff prepared the ordinance to reflect the changes the Council would approve with this motion and no separate order was needed with the adoption of the ordinance.  He noted CE John Company was the only one with standing and they supported the ordinance, so there was no need for a separate order. Coun. Stanton said she agreed with the staff recommendation but noted the Planning Commission considered this for many months.  She said it was difficult to balance future and immediate needs, and though she thought this was more than what was needed, she would support it.   Coun. Soth said he favored granting the appeal because of the ground leases in effect for 50 years and other apparent needs.  He stated that when a line was drawn on a map through an occupied area, a cloud was thrown over the whole title for any future development of that area.  He noted there were two roads in Washington County that needed improvement; Walker Road (from 185th to 217) and Jenkins Road widening on the north side.  He said these improvements would contribute to relieving traffic in that neighborhood.  He said this connection threw an unnecessary cloud over the title and did a disservice to the type of improvements they were trying to attract in the downtown area.  He said for those reasons he supported granting the appeal. Coun. Ruby said he agreed with what had been said and that this change was justified, even without the theater application offered in February.  He said a lot of evidence was provided that showed the long-term use of this property may be benefited if this feature was deleted. Questions called on the motion  Couns. Bode, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0) ORDINANCES: Coun. Soth MOVED, SECONDED by Coun. Stanton that the rules be suspended, and that the ordinances embodied in Agenda Bills 03098 and 03099 be read for the first time by title only at this meeting, and for the second time by title only at the next regular meeting of the Council.  Couns. Bode, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously.  (4:0) First Reading: City Attorney Mark Pilliod read the following ordinances for the first time by title only: 03098 An Ordinance Amending Section 6.02.390 of the Beaverton Code Relating to the Downtown Permit Parking District   (Ordinance No. 4251) 03099 An Ordinance Amending Ordinance No. 4187, The Comprehensive Plan, by Adopting the Updated Chapter Six – Transportation Element and The Transportation System Plan Update; CPA 2002-0014  (Ordinance No. 4252) Beaverton City Council Minutes – April 21, 2003 Page 5 Second Reading: 03084 An Ordinance Repealing the City’s Existing Secondhand Dealer Ordinance BC 7.10.010- 7.10.155 and Adopting a New Secondhand Dealer Ordinance BC 7.10.005-7.10.110 (Ordinance No. 4150) Mayor Drake noted more work was needed on the Secondhand Dealer Ordinance, Agenda Bill 03084, which received first reading at the last Council meeting.  He called for a motion to reconsider. Coun. Soth MOVED, SECONDED by Coun. Ruby that the Council reconsider the ordinance in Agenda Bill 03084 and that the first reading, which occurred at the last Council meeting, be revoked at this time. Mayor Drake explained this would be brought back to Council for first reading.   Coun. Stanton asked if this could be discussed before it was brought back for first reading.   Mayor Drake replied that since the first reading was just a motion for reading, they could have that discussion.   Coun. Stanton confirmed she wanted to discuss the ordinance. Question called on the motion.   Couns. Bode, Stanton, Ruby and Soth voting AYE the MOTION CARRIED unanimously (4:0) ADJOURNMENT There being no further business to come before the Council at this time the meeting was adjourned at 7:02 p.m. ______________________________ Catherine Jansen Deputy City Recorder APPROVAL: Approved this 2nd day of June, 2003. ____________________________ Rob Drake, Mayor