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BEAVERTON CITY COUNCIL
REGULAR MEETING MINUTES
JANUARY 13, 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, January 13, 2003, at 6:32 p.m.
ROLL CALL:
Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth
and Cathy Stanton. 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, Human Resources Director Sandy Miller, Police Captain Stan
Newland, Police Lieutenant Andrea Moore, Development Services Manager Steven
Sparks, Building Official Brad Roast, and Deputy City Recorder Catherine Jansen.
CITIZEN COMMUNICATION:
Henry Kane, Beaverton, addressed the Council concerning the proposal that the City of
Portland purchase Portland General Electric (PGE) and suggested that the Council adopt
a resolution requesting that the 2003 Legislature enact legislation making a City of
Portland owned PGE subject to regulation by the Public Utility Commission of Oregon. He
referred to an article in The Oregonian newspaper that stated cable television rates in
Oregon were not regulated and Oregon had the highest cable television rates in the
nation. He felt an amendment granting an exemption to public bodies that had
populations under 400,000 would protect the public interest.
COUNCIL ITEMS:
There were none.
STAFF ITEMS:
There were none
CONSENT AGENDA:
Mayor Drake noted Agenda Bills 02349 and 03014 were pulled for separate consideration.
Coun. Doyle MOVED, SECONDED by Coun. Soth, that the Consent Agenda be approved
as follows:
Minutes of Regular Meetings of December 9 and December 16, 2002
Beaverton City Council
Minutes – January 13, 2003
Page ²
02349
A Resolution Establishing Photo Radar Speed Enforcement in Certain Areas and Ratifying
Prior Determinations. PULLED for separate consideration.
03013
A Resolution of Intent to Condemn Property Abutting SW Murray Boulevard for Use as
Public Right of Way (Resolution No. 3700)
03014
Request for Remand – Appeal of Planning Commission Decision to Deny Sunrise at
Cooper Mountain Proposed Development PULLED for separate consideration.
Contract Review Board:
03015
Exemption from Competitive Bids and Authorize a Sole Seller/Brand Name Purchase of
Panasonic Permanent Display Removable Computers (PDRCs)
Coun. Stanton asked to add wording to the December 9 minutes to reflect comments she
made during the discussion: 1) Page 4, to the fourth paragraph above adjournment add
the sentence, “The 125th Extension was too important to south Beaverton to remain
unbuilt.” 2) Page 4, after Paragraph 7, add the sentence, “Coun. Stanton said the 125th
Extension met the criteria since it was between Washington Square, a Regional Center,
and the Murray-Scholls Town Center, which made it a link between the Regional Center
and Town Center.” She wanted this in the record because she felt this project should be
on the MTIP list. She noted that on the December 16 minutes, page 1, under Citizen
Communications, the word “district” should be added to the end of the second sentence.
Question called on the motion. Couns. Bode, Doyle, Soth, Ruby and Stanton voting AYE,
the MOTION CARRIED unanimously. (5:0) Coun. Bode abstained on approval of the
minutes as she was not on Council at that time.
02349
A Resolution Establishing Photo Radar Speed Enforcement in Certain Areas and Ratifying
Prior Determinations (Resolution No. 3701)
Coun. Stanton said she favored using all tools available to solve problems and noted she
worked hard for the passage of legislation on the 25 mph speed limit in residential areas
and on photo radar at the Legislature. She explained the way this Agenda Bill was written
made her nervous and suggested this should have been an Action Item for Council
discussion. She read from ORS 810 (photo radar), that other than in front of schools and
residential neighborhoods, “photo radar may be used in other areas if the governing body
of the City makes a finding that speeding has had a negative impact on traffic safety in
those areas.” She said she felt all the information needed to make that determination was
in the Council’s packet, but it had not been discussed. She stressed the intent of the
Legislature was that the governing body make a finding and she felt this meant it should
be discussed by Council; this was her main concern.
Coun. Stanton noted that in the July 15, 2002, minutes when photo radar was considered,
Mayor Drake suggested that staff could come back with additional information in August
and Council could give its final direction then. She noted this issue was not discussed in
August, although Council did get a memorandum from the Police Chief that answered their
questions. She stressed that to keep faith with the citizens and with each other, policy
issues had to be discussed in an open forum and on the record, with the discussion
recorded in the minutes.
Beaverton City Council
Minutes – January 13, 2003
Page ³
Coun. Stanton stated she was uncomfortable with the sentence, “This resolution approves
and endorses Police Department findings that in additional areas of the City where
Council’s expansion criteria are met, photo radar will address safety concerns caused by
excessive speed.” She felt the intent of the legislation was that the governing body
making its findings prior to the van going out to new areas and non-residential areas. She
noted that a 200% increase in the number of non-residential streets had occurred in the
last year and asked that in the future, before any expansion occurred, that the Council
discuss it first.
Mayor Drake responded that the 200% increase referred to five streets and the addition of
ten more. He noted the Police Department had worked very hard to provide justification
through the work on the first five streets and to provide the kind of safety that Council
wanted. He noted that the Police Chief sent a memorandum to Council in early August
and that staff responded to Coun. Stanton’s question from that memorandum. He noted
that staff did not hear from any other Councilors and did not receive further direction from
Coun. Stanton. He said Coun. Stanton’s points were well taken and this was why it was
being brought to Council with this agenda bill.
Counc. Stanton agreed and reiterated that she felt this should have been discussed.
Coun. Soth noted that the Council adopted the criteria, the Police Department performed
an analysis with that criteria and Council had previously indicated its intent to allow the
Police Department to apply the criteria and deploy photo radar as needed to attain traffic
safety. He said the numerical analysis indicated to him that the Police Department had
done what it was supposed to do.
Coun. Stanton said she did not disagree with Coun. Soth and she complimented staff on
the great work and information presented in the Agenda Bill. She felt it should have been
discussed. She said she was not sure that Council previously indicated its intent and that
previously indicating an intent was not granting the authority. She repeated the statute
required that the governing body had to make the findings.
Coun. Soth MOVED, SECONDED by Coun. Bode, to approve Agenda Bill 02349. Couns.
Bode, Doyle, Ruby and Soth voting AYE, Coun. Stanton voting NAY, the MOTION
CARRIED 4:1.
Coun. Stanton explained she voted NAY because she believed the process could have
been better, not because she felt the decision to move forward with the additional streets
was wrong.
03014
Request for Remand – Appeal of Planning Commission Decision to Deny Sunrise at
Cooper Mountain Proposed Development
Coun. Stanton said she questioned whether a remand could be done without a public
hearing and that the City Attorney had said that it could. She noted that this was done
under the City’s old Code and the language was less clear than the new Code now in
effect. She said her questions were answered and she was okay with it.
Coun. Soth MOVED, SECONDED by Coun. Ruby, to approve Agenda Bill 03014, the
Request for Remand – Appeal of Planning Commission Decision to Deny Sunrise at
Cooper Mountain Proposed Development.
Beaverton City Council
Minutes – January 13, 2003
Page 4
Coun. Stanton said she would not support the motion because the Planning Commission
came up with a determination and findings. She said she felt there should be a different
process and that remands should have to come out of a public hearing. She said she
could not support the motion because of process.
Mayor Drake confirmed with Coun. Stanton that she understood it was allowed under the
old Code. He added that the appellant knew he was headed back to a Planning
Commission that voted no (7:0) but believed that there was information that could change
the Planning Commission’s opinion.
Coun. Ruby said that Coun. Stanton points were well taken, but because of the Planning
Commission’s expertise, he wanted to give them the opportunity to review this again if
there was a chance to resolve the issues at the Commission level.
Question called on the motion. Couns. Bode, Doyle, Ruby and Soth voting AYE, Coun.
Stanton voting NAY, the MOTION CARRIED. (4:1)
PUBLIC HEARING:
03011
APP 2002-0014 Appeal of Cedar Hills Crossing Entry Sign Variance – Height VAR 2002-
0009 Cedar Hills Crossing Entry Signs – Height Variance (Continued from 01/06/03)
03012
APP 2002-0015 Appeal of Cedar Hills Crossing Entry Sign Variance – Size VAR 2002-
0005 Cedar Hills Crossing Entry Signs – Size Variance (Continued from 01/06/03)
Mayor Drake explained that the appeal by the City had been dropped and asked the City
Attorney what formal action would be appropriate.
City Attorney Mark Pilliod noted the memorandum dated January 13, 2002, from the
Community Development Director Joe Grillo to the City Council stated the appeal and the
variance applications were withdrawn. He said no Council action was necessary.
Mayor Drake noted there would be no public hearing because there was no appeal.
03016
Adopt Resolution and Authorize Implementation of One and Two Family Dwellings
Mechanical Permit Fee Increases (Resolution No. 3702)
Mayor Drake asked if the Council had any questions on the agenda bill.
Coun. Stanton asked how the figures were rounded off on the proposed fee schedule.
Building Official Brad Roast explained the 12.5% increase created some odd figures in
some cases, so he rounded the number to the simplest number; it was not the typical
rounding.
Coun. Soth noted that this reflected the direction of the Tri-County Building Industry
Service Board so that the same methodology applied to all the building permit jurisdictions
in the Tri-County area. He noted this helped everyone.
Coun. Stanton said she appreciated how this was done in a legitimate, timely manner.
Beaverton City Council
Minutes – January 13, 2003
Page 5
Roast noted that building industry representatives favored doing small increases
incrementally rather than waiting for longer periods then enacting large increases.
Mayor Drake opened the Public Hearing.
There was no one who wished to testify.
Mayor Drake closed the Public Hearing.
Coun. Stanton MOVED, SECONDED by Coun. Soth, that Council approve Agenda Bill
03016, adopting a resolution and authorizing implementation of one and two family
dwelling mechanical permit fee increases. Couns. Bode, Doyle, Ruby, Soth, and Stanton
voting AYE, the MOTION CARRIED unanimously. (5:0) (Resolution No. 3702)
ORDINANCES:
Suspend Rules:
Coun. Soth MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and
that the ordinances embodied in Agenda Bills 03017 and 03018 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, Doyle, Ruby, Soth, and Stanton Voting AYE, the
MOTION CARRIED unanimously. (5:0)
First Reading:
City Attorney Mark Pilliod read the following ordinances for the first time by title only:
03017
An Ordinance Annexing Property Lying Generally Outside of the Existing City Limits to the
City of Beaverton; ANX 2002-0014 (8888 SW Canyon Road Expedited Annexation)
(Ordinance No. 4237)
03018
An Ordinance Amending Ordinance No. 2050, the Development Code; TA 2002-0005
(Ordinance No. 4238)
APPOINTMENT OF MACC REPRESENTATIVE
Mayor Drake explained that the Council needed to appoint a representative to the
Metropolitan Area Communications Commission (MACC). Former Coun. Brzezinski had
been the representative and Coun. Ruby was unable to take it over. He asked if anyone
would be interested in serving.
Coun. Stanton said she would be willing to serve.
There was Council consensus that Coun. Stanton will be the City’s representative to
MACC, replacing Coun. Brzezinski, and Coun. Doyle will remain the alternate
representative.
RECESS:
Mayor Drake called for a recess at 7:04 p.m.
Beaverton City Council
Minutes – January 13, 2003
Page 6
RECONVENED:
Mayor Drake reconvened the regular meeting at 7:12 p.m.
EXECUTIVE SESSION:
Coun. Soth MOVED, SECONDED by Coun. Stanton, that Council move into executive
session in accordance with ORS 192.660 (1) (h) to discuss the legal rights and duties of
the governing body with regard to litigation or litigation likely to be filed and in accordance
with ORS 192.660 (1) (d) to conduct deliberations with the persons designated by the
governing body to carry on labor negotiations. Couns. Bode, Doyle, Soth, Ruby and
Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
The executive session convened at 7:12 p.m.
The executive session adjourned at 7:56 p.m.
The regular meeting reconvened at 7:56 p.m.
ADJOURNMENT
There being no further business to come before the Council at this time the meeting was
adjourned at 7:56 p.m.
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Catherine L. Jansen, Deputy City Recorder
APPROVAL:
Approved this 3rd day of February, 2003.
_______________________________
Rob Drake, Mayor
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