BEAVERTON CITY COUNCIL
REGULAR MEETING
DECEMBER 6, 2004

CALL TO ORDER:

The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth City Council Chamber, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, December 6, 2004, at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth and Cathy Stanton. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Operations/Maintenance Director Gary Brentano, Library Director Ed House, Police Chief David Bishop, Deputy Police Chief Chris Gibson, Planning Services Manager Hal Bergsma, Building Official Brad Roast, City Utilities Engineer David Winship and City Recorder Sue Nelson.

CITIZEN COMMUNICATIONS:

Rev. Ja West spoke about various personal and religious issues.

Henry Kane, Beaverton, said he was preparing a detailed letter concerning whether the City could require people cited by photo radar to identify who was driving the car if it was not the vehicle owner. He said if this matter was not resolved, the Legislature might decide to not allow the City to operate its photo radar program.

David James, Beaverton, referred to the traffic hazards along Cornell and Walker Roads. He said it was hazardous for pedestrians and motorists due to narrow roads, a 45 MPH speed limit and lack of a center lane. He said though these were County roads, the City Council had a lot of influence over traffic projects in the City. He said several of the City’s current transportation projects were on Washington County Roads. He added Mayor Drake was on the Washington County Coordinating Committee that decided the priority of the County’s traffic projects. He asked that traffic projects be scheduled based on traffic needs and safety only. He gave Council a copy of the results of a survey of businesses conducted by the Five Oaks/Triple Creek Neighborhood Association on a section of Cornell Road (in the record). He said several of the businesses surveyed believed widening Cornell would improve traffic problems in that area.

COUNCIL ITEMS:

Coun. Soth said he just returned from the National League of Cities Annual Conference in Indianapolis. He said many topics that affected all cities were discussed, including unfunded Federal mandates, sales tax on internet sales and municipal bonding issues. He said the programs were excellent and it was a productive conference.

Coun. Stanton said the City’s Annual Holiday Open House would be December 7, 2004, from 5:00 to 7:00 p.m., in the Council Chambers and she invited everyone to attend. She agreed with Coun. Soth that the NLC Annual conference was excellent.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of the Regular Meeting of November 15, 2004 and the Special Meetings of November 18 and 22, 2004

04239 Liquor License Application: New Outlet - Broadway Wines

04240 A Resolution Adopting Updated Board of Design Review Bylaws (Resolution No. 3792)

Contract Review Board:

04241 Design Contract Award - South Central Area A Sanitary Sewer Improvements Project No. 6038

04242 Emergency Contract Award Ratification - SW Avocet Court Waterline and Storm Drainage Repair

Coun. Stanton thanked staff for answering her questions. She asked Chief of Staff, Ms. Adlard to schedule an appointment for her with a staff person to discuss questions she had concerning the Board of Design Review Bylaws (Agenda Bill 04240).

Question called on the motion. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

PUBLIC HEARINGS:

04243 Adopt Resolution and Authorize Implementation of Building, Mechanical and Electrical Permit Fee Increases (Resolution No. 3793)

Building Official Brad Roast reviewed the staff report in detail. He said a ten percent increase was proposed for the building and mechanical permit fees effective January 1, 2005; it was also proposed to increase electrical permit fees ten percent effective January 1, 2005 and an additional ten percent increase effective July 1, 2005. He said these increases were necessary to ensure revenues from these divisions were sufficient to cover operating costs.

Coun. Soth asked how much of these fees went to the State for administration of the building codes.

Roast explained none of these fees went to the State. He said in addition to these fees, the City collected an eight percent surcharge on building permits that funded the State’s Building Code functions. He confirmed the increased fees would result in additional funds to the State.

Coun. Doyle asked who were the members of the City’s Development Liaison Committee, for they reviewed and approved this proposal.

Roast said the Development Liaison Committee was made up of builders, developers, contractors and designers who met regularly with the Mayor and staff to discuss issues concerning development in the City. He said the Committee members recognized the necessity for the increases and appreciated that the increases were done incrementally in small amounts, rather than waiting for longer periods and a larger increase. He said he also contacted other interested parties, such as builders associations, and provided them with the same information the Committee received. He said this way everyone was aware of what the City was proposing.

Coun. Doyle thanked him for going above and beyond to involve all affected groups.

Coun. Stanton thanked Roast for his work and for his thoughtfulness in splitting the electrical permit fee increase as it was beneficial to everyone.

Mayor Drake opened the public hearing.

No one wished to testify.

Mayor Drake closed the public hearing.

Coun. Soth MOVED, SECONDED by Coun. Stanton, that Council approve Agenda Bill 04243, the Resolution Authorizing Implementation of Building, Mechanical and Electrical Permit Fee Increases.

Coun. Stanton thanked Roast for increasing the fee annually, in smaller, affordable increments. She said she was comfortable supporting the motion.

Call for question. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

RECESS:

Mayor Drake called for a brief recess at 7:10 p.m.

RECONVENED:

Mayor Drake reconvened the meeting at 7:25 p.m.

04244 A Public Hearing to Receive Public Input Regarding the Annexation of Several Parcels Located in the Vicinity of Barnes and Cedar Hills Blvd. to the City of Beaverton: Annexation 2004-0013

and

04245 A Public Hearing to Receive Public Input Regarding the Annexation of Two Parcels Located at 3737 SW 117 th Avenue and Commonly Known as the Mobile Home Corral to the City of Beaverton: Annexation 2004-0014

Mayor Drake explained the public hearings under Agenda Bills 04244 and 04245 would be combined and heard together.

Community Development Director Joe Grillo read a prepared statement defining the process for the hearing (in the record).

Planning Services Manager Hal Bergsma reviewed the staff report and the City’s island annexation policy, regulations and objectives. He said both annexations met the objectives of the City’s annexation policy. He reviewed the size, assessed values, zoning and location of each of the proposed annexations (in the record). He explained public hearing notices were sent to all necessary parties 45 days in advance of the scheduled decision date (December 13, 2004). He said the annexation areas were posted and published as required and the City sent hearing notices to all property owners in the annexation areas and to the Neighborhood Associations. He added the hearing notices and staff reports were posted on the City’s Web Site. He said the public hearing would be followed by the first reading of the ordinances for the annexations. He added the annexations would not require a change in mailing addresses.

Police Chief David Bishop presented a Power Point presentation on the Police Department’s calls for service in the proposed annexation areas. He explained twelve years ago cities did not respond to calls outside of their jurisdictions; the City received many complaints from citizens. He said the area police chiefs met and discussed this problem and it was agreed the jurisdictions would work together through first-car respondent which had been very effective. He explained 902 calls for service were received from the Barnes/Cedar Hills Blvd. area; the City responded to 585 of those calls. He said the calls they responded to were assaults, family disturbances, suspicious persons, harassment, burglaries, thefts, property damage and traffic. He summarized the number and types of calls the City responded to in comparison to other agencies. He said the City provided high-visibility patrol and responded to many calls for service in these areas, as well as in other island areas throughout the City.

Coun. Soth asked what affect AVL (Automatic Vehicle Locator) would have on the response to police service calls from these areas.

Bishop said it would have a positive impact in fostering a safe environment throughout Washington County. He said with AVL, the response time in the future would be faster than it is today, because dispatchers will be able to determine immediately where a police unit was located. He explained how AVL would enhance the response system.

Coun. Soth asked what affect the AVL and annexation would have on the Enhanced Sheriff Patrol coverage.

Bishop replied it would be positive for all jurisdictions. He said the City and Washington County worked together to foster a safe environment in Washington County. He said Washington County worked closely with all the agencies.

Mayor Drake explained the City provided 1.5 officers per thousand population and the Washington County Sheriff’s Office provided 1.0 officers per thousand. He said with the AVL mapping system, where every patrol car could be pinpointed, since the City has more officers the likelihood of the City responding to urban unincorporated areas would increase. He explained all City residents paid for a .50 (half an officer) deputy sheriff per thousand; this was for County-wide coverage. He said with mutual aid, City residents were helping to pay for the Sheriff’s officers whether or not they came into the City.

Bishop replied that was correct.

Coun. Stanton asked, outside of self-initiated traffic, what percentage of calls inside the City was responded to by the Sheriff’s Department.

Bishop explained it was more often the reverse. He said in major situations, the Sheriff’s officers came in and assisted the City. He said the City responded to all of its calls in person; where often the Sheriff’s responded to their calls by telephone.

Coun. Stanton asked if the cities ever discussed with the County receiving financial compensation for responding to calls outside the cities’ limits.

Bishop explained this worked both ways; the cities received assistance from the County in major operations, emergency situations and interagency teams.

Coun. Stanton said she was concerned because the Beaverton Police Department was providing service to citizens who do not financially support the City. She said she believed that in the future rather than going to a County police department, those jurisdictions that assisted the County in providing service could be compensated.

Coun. Bode said the Beaverton Police Department’s had a noticeable presence in the various neighborhoods. She asked if the Sheriff’s Department was as visible in the unincorporated areas.

Bishop replied he lived in the unincorporated area of Bethany and he saw Sheriff’s patrols up there all the time.

Mayor Drake opened the public hearing.

Tom Barron, Beaverton, said he lived at the Mobile Home Corral. He said the Corral was a close community with affordable housing. He said the tax assessment would increase with the annexation. He said the two properties being considered were different in character. He said he thought the Peterkort property should be part of the City. He said the Corral was an affordable housing community and was a nice place to live for people that did not have a lot of money.

Coun. Soth asked if some of the units in the Mobile Home Corral were pre-HUD (Housing and Urban Development) and did not conform to HUD requirements.

Barron said that was correct.

Coun. Soth asked what streets residents used to exit the Mobile Home Corral.

Barron replied they used 117 th Avenue.

Coun. Soth said that side of 117 th Avenue was a City street; the residents were using City facilities to enter and exit the Mobile Home Corral.

Barron said he did not disagree with that; he just felt the Corral should be left alone.

Alfred Louchs, Beaverton, said he recommended not annexing the Mobile Home Corral because it had been private ownership for half a century and had not accepted any money from a government agency to maintain an over age 55 housing community. He said each one of the mobile homes was taxed by the County and the taxes were paid on all the units. He said no one in the park received notice that this hearing was scheduled, except for the notice posted at the front of the park. He referred to page 12 of the staff report, regarding Metro’s noticing requirements, which he felt meant mobile home owners should have been noticed. He said the notice for the property owners was not within the 45-day time limit required. He said most of the residents in the park were on fixed incomes; he said this action could force the City to have to subsidize senior citizen housing. He said because of this he felt it made more sense to leave the situation alone. He asked how maintenance for 117 th Avenue was financed.

Coun. Soth said maintenance of 117 th Avenue was paid for by the City’s share of State gasoline taxes; no property tax was involved in maintenance of the street. He asked if the land under the units was owned by the residents or by the owner of the mobile home park.

Louchs said he felt they were in the same category as condominiums.

Coun. Soth asked how his situation differed from residents in apartment buildings or condominiums, in terms of unit ownership versus land ownership.

Louchs said if the City wanted to represent them and achieve consent of the governed in the Park, it should be on the basis of efficiency. He said the obvious cost of additional layers of government had the reverse effect on everyone, including the City.

In response to Mr. Louchs comments about the need for affordable senior housing Coun. Stanton confirmed with staff that there would be senior-housing units in the new building for the Virginia Garcia Clinic.

George Choban, Beaverton, said he was born in 1929 and was raised in Washington County. He said he owned a local restaurant, his family donated four acres to the County, and his daughter helped establish the music school in Beaverton. He said they brought City water out to their property. He asked how the annexation would affect his farm deferral, and how would they be affected by Measure 37. He said he wanted to talk to the City Attorney and staff to get his questions answered and he would then submit written testimony.

Mayor Drake said staff would be happy to talk to him.

City Attorney Alan Rappleyea said the farm deferral should not be affected as long as Choban continued to use the property for farm deferral purposes. He said concerning Measure 37, the City would adopt a similar zoning provision as the County had, so the land use restrictions should not change. He said he did not see any change in this case.

In response to Mr. Choban’s concerns about which jurisdictions would provide what services in the future Coun. Stanton said the County produced the County 2000 Plan (1987) where Washington County laid out its plan to remove itself from providing urban services by the Year 2000.

Roland Stewart, Salem, said he was responding to ORS 222.750 and Annexation 2004-0013. He said he represented five companies that owned land within the peninsula along Barnes Road and Cedar Hills Boulevard. He said they had two buildings in existence, one building under development and one planned for future development. He said they were concerned the annexation would cause depreciation and some of their tenants had indicated they would not stay if they were annexed to the City. He said they owned four percent of the total number of parcels in this annexation. He said he asked to discuss the possibility of paying the City for some of the services it provided, but that had not occurred.

Jack Meek, Beaverton, asked if the final vote on the Mobile Home Corral would occur at this meeting. He said the notice they received was only 42 days from today’s date and not 45 days. He said he would like to see the decision postponed so they could notify the tenants in the Park. He said the tenants paid taxes, and per the last election, mobile homes were going to be treated as real property for tax purposes. He said he realized this was going to happen and he liked Beaverton. He said the taxes would be increased by the annexation. He said he tried to keep the rents low but they would have to raise the rents to cover the increased taxes. He said he would bring in a petition, signed by the tenants.

Carolyn Sellke, Portland, said she lived on 114 th Avenue that was not included in the annexation. She said they were promised by Beaverton that they would not be annexed unless they consented. She said when these annexations were completed; they would be surrounded by the City which meant they could be annexed. She said she had questions and wanted some answers from the City.

Mayor Drake said the City was not addressing that issue at this meeting. He asked that she send him a letter with her questions.

Harry Bodine, Portland, said he lived in the unincorporated area of Cedar Hills for 40 years. He said if the annexation was approved it would reduce his police protection and road maintenance to a minor degree. He asked what the City’s short and long term plans were for the residential areas along Cedar Hills, Raleigh Hills, Cedar Mills and Bethany areas. He said the City did not have a Senate Bill 122 Plan in place. He said the City was now proceeding with island annexations. He said he could be part of that and his taxes would increase 16.7 percent if he was annexed to the City. He suggested the Council discuss this with the residents of the City’s Urban Services Boundary. He said his services were good right now. He suggested working together to develop a win-win situation for everyone.

No one else wished to testify.

Mayor Drake closed the public hearing.

Coun. Soth explained the public record would be held open for seven days for the submission of written testimony. He said any written testimony received would be part of the record at the next meeting when the final decision would be made.

Coun. Stanton explained if anyone wanted to initiate a lawsuit after the fact, they would have to be on the record, which was the reason for submitting written testimony.

ORDINANCES:

Suspend Rules:

Coun. Soth MOVED, SECONDED by Coun. Doyle, that the rules be suspended, and that the ordinances embodied in Agenda Bills 04246 and 04247, 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:

Rappleyea read the following ordinances for the first time by title only:

04246 An Ordinance Annexing Several Parcels Located in the Vicinity of Barnes Road and Cedar Hills Blvd. to the City of Beaverton: Annexation 2004-0013 (Ordinance No. 4334)

04247 An Ordinance Annexing Property Located at 3737 SW 117 th Avenue and Commonly Known as the Mobile Home Corral to the City of Beaverton: Annexation 2004-0014 (Ordinance No. 4335)

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 8:30 p.m.

APPROVAL:

Approved this 13th day of December, 2004.

__________________________________
Rob Drake, Mayor