BEAVERTON CITY COUNCIL

REGULAR MEETING

OCTOBER 6, 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, October 6, 2003 , at 6:32 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Dennis Doyle, Fred Ruby, Forrest Soth and Cathy Stanton. Coun. Betty Bode was excused. Also present were City Attorney Alan Rappleyea, Finance Director Patrick O'Claire , Community Development Director Joe Grillo , Engineering Director Tom Ramisch , Operations/Maintenance Director Gary Brentano, Library Director Ed House, Police Captain Stan Newland, Emergency Manager Mike Mumaw and Deputy City Recorder Catherine Jansen.

PROCLAMATIONS:

Mayor Drake proclaimed October, 2003, as Breast Cancer Awareness Month and National Arts & Humanities Month.

CITIZEN COMMUNICATIONS:

Ira Frankel, Beaverton , referred to the Fantasy Video appeal and said if Mr. Kane had not filed the appeal; the original decision would have proceeded. He noted not many people attended the Planning Commission hearing, although some had received notification. He questioned who was looking out for the public interest and noted there were many people who looked out for business interests. He said in a democracy the law makers and executives were supposed to represent the public at-large. He added bureaucracies were put in place to ensure laws were enforced, with minimal input from the citizens who bear the consequences. He said last week he found out Hooters was coming to Beaverton and he felt that was a perfect example of his concern. He said he asked around and no one in his neighborhood was notified. He said he called City staff and was told it was approved pro forma. He said it was mentioned at a NAC meeting, but he could not find out if it was noticed in the newspaper.

Frankel stressed his concern was that the neighborhoods were becoming the battlefield for large corporations and the people were getting trampled. He said Beaverton was becoming the tenderloin for sex-related businesses and many people felt enough was enough. He said the City needed to inspire development groups to consider the people and urged Council to ensure that people were notified about these developments.

Coun. Soth explained in Fantasy Video's case the City could not do anything in terms of any abrogation of First Amendment rights. He said the Oregon Supreme Court was more liberal in its interpretation of that First Amendment than the Federal government; and that was one of the reasons why the content of a business cannot be considered when approving or disapproving an application. He said the only thing that could be considered was whether a business met the s tand ards of State land use laws, State land use decisions and the City's Development Code. He explained the City notification process was far in excess of what State law required. He added the law only required notification of surrounding properties within 100 feet of the subject site. He stressed the Council was bound by laws and was sworn to uphold the laws. He said the Council listened to the people who testified, but the Council had to make a decision based on facts, not emotion.

Frankel stated other communities had established the type of businesses they want in their city (Port Townsend, Washington). He said the City could change the laws and use the wiggle room within laws to determine its development. He noted regarding Hooters, the minimum required notification was that the NAC be notified. He said he spoke to someone who attended that Central Beaverton NAC meeting, and it was mentioned minimally but there wasn't any mention of the project going forward. He asked that the City make sure the citizens were notified and suggested reviewing the Codes to further guide development. He said even within all the laws, a community had the right to define certain aspects about livability.

Coun. Soth repeated the City was governed by the decisions of Oregon Supreme Court and Oregon Land Use Laws.

Coun. Stanton suggested Frankel send his comments to the Valley Times Soap Box section; they would make a good article.

Frankel said he would think about doing that.

COUNCIL ITEMS:

Coun. Stanton announced the League of Oregon Cities was holding a Legislative Briefing on October 16, 2003 , from 9:00 a.m. to 1:00 p.m. , in these Council Chambers, and encouraged Councilors to attend.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

Coun. Doyle MOVED, SECONDED by Coun. Soth, that the Consent Agenda be approved as follows:

Minutes of Regular Meeting of September 15, 2003

03219 - CPA 2003-0004 CSM Property Comprehensive Plan Amendment

03220 - Approval of the Regional Intergovernmental Agreement for Regional Emergency Management and Authorize the Mayor to Sign the Agreement (Resolution No. 3733)

03221 - Authorization to Extend Lease Term for Property at Beaverton Resource Center

Contract Review Board:

03222 - Contract Change Order - Authorization to Increase the Contract Amount for Development Review Services Provided by Spencer & Kupper

03223 - Bid Award - Central Interceptor Storm Drainage Project No. 6, Project No. 8001C

Coun. Ruby noted on the September 15, 2003, draft minutes, page 30, third paragraph, first sentence the word "this" should be added to read ".that they cannot deny the application because they do not like this business."

Coun. Stanton noted she had corrections for the September 15 minutes, which she gave to the City Recorder, and requested to amend her statement on page 3, second-to-the-last paragraph to read:

"Coun. Stanton stated that she often spoke with citizens in the Council Chambers prior to a Council meeting and she did not have ex parte contact with anyone before this hearing. She apologized to everyone and said she did not include this contact in her review of conversations prior to the hearing. She explained that Councilors can always talk about process. She said while she was talking to Mr. Haas (who is a friend) she asked why he was there. He told her he was there on this issue and asked her about the process. She said she told him if he chose to testify, he needed to speak to the criteria in the Code because that was the only thing they could use to make a decision. She advised him there was a staff report on the back table where he could check the criteria and she thought Criterion 5, which referred to compatibility issues, was a good one to review since he had said he was in favor of the appeal. She said she was comfortable this was not an ex parte contact about a decision, but about the process."

Council agreed to this amendment.

Question called on the motion. Couns. Doyle, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

ORDINANCES:

Coun. Stanton asked about the interest rate and savings the City would get as result of the refinancing of the water revenue bonds (Agenda Bill 03224). She asked for confirmation that the bond issue savings would fall within the State requirements.

Finance Director Patrick O'Claire explained the City had to maintain at least a three percent net present-value savings for the bond issue refinancing to go through. He said the City was now looking at a $300,000 to $400,000 in interest savings, which was over three percent. He noted the City would price the bond issue on December 10, 2003 , and sell about January 8, 2004 .

Suspend Rules:

Coun. Soth MOVED, SECONDED by Coun. Stanton , that the rules be suspended, and that the ordinances embodied in Agenda Bill 03224 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. Doyle, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading :

City Attorney Alan Rappleyea read the following ordinance for the first time by title only:

03224 - An Ordinance Amending and Restating Ordinance No. 3977 Enacted by the City Council of the City of Beaverton, Oregon, on April 14, 1997; Authorizing the Issuance, Sale and Delivery of Water Revenue and Refunding Bonds, in One or More Series, in an Aggregate Principal Amount Not Exceeding $20,000,000; Authorizing the Refunding of Certain Series of the City's Outstanding General Obligation Water Refunding Bonds, Series 1992, Water Revenue Bonds, Series 1994, and Water Revenue Bonds, Series 1997; Declaring an Emergency; and Related Matters (Ordinance No. 4270)

Coun. Soth noted the ordinance had an emergency clause which would make it effective immediately upon signature after second reading.

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 6:52 p.m.

APPROVAL:

Approved this 3rd day of November, 2003.

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Rob Drake, Mayor