BEAVERTON CITY COUNCIL
JUNE 14, 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, June 14, 2004 , at 7:05 p.m.
Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth and Cathy Stanton. 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, Human Resources Director Nancy Bates, Transportation Engineer Randy Wooley , Development Services Manager Steven Sparks , Planner Jennifer Browning and Deputy City Recorder Catherine Jansen.
Mayor Drake proclaimed June 14, 2004 , as Flag Day and explained Beaverton was one of the few cities in Oregon that celebrated Flag Day. He noted the Flag Day celebration was last Saturday and was conducted by the Elks Club, with assistance from the City. He thanked Couns. Stanton and Bode for attending.
Mayor Drake explained Coun. Soth was the featured speaker this week at the Public Affairs Forum; he recapped his 24 years of service to City. He said it was an excellent presentation and it would be televised.
Mayor Drake also congratulated Coun. Soth who will Chair the National League of Cities' (NLC) FAIR Committee this next year. He explained the appointment was a high honor, as the FAIR Committee was a group of 35 people who advised the NLC Board of Directors and shaped certain city policies and recommendations to Congress.
Coun. Soth explained FAIR stood for Finance, Administration and Intergovernmental Relations Committee. He thanked the Mayor for the recognition.
Betty Bolz, Beaverton , gave Council copies of her April 24, 2004 , letter to Congressman Blumenauer regarding the need to provide safe access for the disabled and other pedestrians during street reconstruction projects. She said she has discussed this with the City, Tri-Met, the Senate and Congress.
Bolz also reported problems with overgrown shrubs and a redwood tree on Hart Road that blocked visibility and sidewalk access. She said she and her husband were nearly hit several times and asked the City to trim plants that bordered the sidewalk.
Mayor Drake explained the City Code required property owners to trim their trees and shrubs which intruded onto the public sidewalks. He said he would forward her request to the Code Enforcement Division who would contact the owners about cutting back the trees and shrubs.
Mayor Drake advised Council that Bolz had talked to City staff concerning the construction on Beaverton-Hillsdale Highway by Home Depot. He explained to Bolz that the City's Risk Manager Tim Pope spoke with ODOT's Project Manager and was advised that the State would start the first lift of paving and sidewalk finishing on Wednesday, June 16 th and, weather permitting, the sidewalk problem at 110 th /Beaverton-Hillsdale Highway should be corrected by Friday, June 18 th ; the final paving from Laurelwood to Highway 217 should be completed by July 1 st . He suggested Bolz contact Pope for additional information.
Bolz said she would and thanked Mayor Drake.
Coun. Bode explained that Bolz's issues concerned: 1) The reconstruction of Beaverton-Hillsdale Highway and what happened to handicapped access during long reconstruction periods; and 2) Keeping sidewalks clear of trees and shrubs to ensure safe passage for the disabled and other pedestrians.
There were none.
Coun. Ruby MOVED, SECONDED by Coun. Soth, that the Consent Agenda be approved as follows:
Minutes of Regular Meeting of May 17, the Emergency Special Meeting of May 19 and the Special Meeting of June 8, 2004 .
04104 - Liquor Licenses: New Outlets - Hyundai Oriental Food & Gifts; La India Bonita 2
04105 - A Resolution Stating the Official Results of the May 18, 2004 Primary Election (Resolution No. 3757)
04106 - A Resolution Adopting the Revised Emergency Response and Recovery Plan (Resolution No. 3758)
04107 - A Resolution Adopting Updated Planning Commission Bylaws (Resolution No. 3759)
04108 - Traffic Commission Issues 548-551
04109 - Authorization to Enter into an Intergovernmental Agreement for the Exchange of Federal MTIP Funds for State Transportation Funds for the Extension of SW Murray Boulevard
04110 - Tualatin Basin Goal 5 Project Funding Update
04111 - Authorize Amendment to Intergovernmental Agreement with Washington County Cooperative Library Services Regarding the Provision of Telephone Reference Service
04112 - Authorize Intergovernmental Agreement with Washington County Cooperative Library Services Regarding the Washington County Inter-Library Information Network Agreement (WILInet)
Contract Review Board:
04113 - Bid Award - Cedar Hills Boulevard Phase 2 Overlay Project
Couns. Ruby and Doyle said they would abstain from voting on the Minutes of May 19, 2004 , as they were not present at that meeting.
Coun. Doyle asked if the Cedar Hills mall redevelopment would be completed before the Cedar Hills Boulevard Overlay Project started (Agenda Bill 04113), and if there would be a lot of construction and movement of heavy equipment on the street as construction proceeded.
Community Development Director Joe Grillo said the next phase of the shopping center remodeling was the renovation of the Emporium facility; any other construction and heavy equipment use was occurring on the back side of the site on the theater. He said most of the grading was completed so he did not expect any big impact to the road paving.
Question called on the motion. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0) Couns. Doyle and Ruby abstained from voting on the May 19, 2004 Minutes as they were not present at that meeting.
Mayor Drake noted there were Boy Scouts in the audience and asked them to introduce themselves.
T.J. Barr, Scout Troop 419, St. Cecilia's Catholic School and Joe Farb, Scout Troop 548, Beaverton LDS Church , introduced themselves.
Mayor Drake said the public hearing on the Street Name Change for SW Millikan Boulevard , Agenda Bill 04115, would be the first public hearing.
04115 - SNC 2004-0001 Street Name Change of SW Millikan Boulevard to SW Millikan Way
Development Services Manager Steven Sparks introduced Planner Jennifer Browning who was involved with this application.
Sparks said this was a request to change SW Millikan Boulevard to the one common name of SW Millikan Way . He said the main reason for the change was to remove the confusion for emergency services vehicles. He said there had not been any public comment on the change.
Coun. Soth confirmed with Sparks that property and business owners were notified and no comments were received.
Coun. Stanton thanked staff for simplifying the street names.
Mayor Drake opened the public hearing.
There was no one in the audience who wished to testify.
Mayor Drake closed the public hearing.
Coun. Soth MOVED, SECONDED by Coun. Ruby, that Council approve the street name change outlined in Agenda Bill 04115 (SNC 2004-0001 Street Name Change of SW Millikan Boulevard to SW Millikan Way ) and direct staff to prepare an ordinance for adoption by the Council. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5-0)
04114 - Appeal Hearing on Traffic Commission Issue TC 500 Regarding Left Turn Restrictions on SW Greenway at the Driveway Near Hall Boulevard
Transportation Engineer Randy Wooley reviewed the area map (in the record) and summarized the staff report. He said the monitoring reports indicated there was some improvement (reduction of left turns) during the peak hours but the problem had not been solved. He said if Council chose to fund the project, staff recommendation would be to go with Alternative 3 (widening on the northwest side to address the left turn and sight distance issues on that curve). He reviewed the staff recommendation in the staff report, which included: (1) amending the turn restrictions to be in effect from 4:00 p.m. to 7:00 p.m. on weekdays only; (2) continuing the amended turn restrictions until Greenway Drive was widened or the driveway was no longer in use; and (3) determining the priority of the Greenway Drive widening project in relation to other unfunded street projects.
Coun. Doyle asked if the number of traffic citations issued dropped as the restriction continued.
Wooley explained the Police Department's enforcement emphasis was last Fall; there weren't any recent statistics for comparison.
Mayor Drake called for brief recess at 7:30 p.m.
Mayor Drake reconvened the meeting at 7:41 p.m.
Mayor Drake explained this was an appeal of a Traffic Commission issue. He said the appellant, Albertson's, would have ten minutes for testimony and then answer Council questions; the hearing would then be opened for public comments, after which the appellant would have the opportunity to make further comment if desired. Council would then deliberate the issue.
Mark Whitlow, Perkins Coie, Portland , attorney for Albertson's, introduced Brian Dunn, Kittelson & Associates, traffic engineer representing Albertson's. He said he and Dunn had submitted their letters and they supported staff's recommendation to reduce the restriction to weekdays, with better signage. He thanked staff for their help.
Coun. Stanton referred to page 48 of the staff report, Table 1, and noted that Greenway Drive should be Hall Boulevard , and Hall Boulevard should be Greenway Drive .
Coun. Soth asked Whitlow if his client's view was that the cost, both in terms of property and financially, was not necessary and would impose too much of a burden on the Albertson's organization.
Whitlow replied that was correct.
Coun. Bode noted the appellant stated in his June 14, 2004 , letter, that there were no plans to remodel or expand that Albertson's store. She asked if there were industry s tand ards referring to when stores were refurbished or remodeled.
Whitlow said he was not sure there was an industry standard. He noted the store was older and could use a remodel, which the appellant recognized. He said Albertson's position was that any remodeling of that store would not include an expansion. He said at this time there was no internal remodeling scheduled for that store.
Coun. Bode referred to the decrease in the number of customers patronizing this store. She said it was questionable whether the decrease was due to the increased competition in the area from new stores o r b ecause of the turn restrictions.
Coun. Stanton said she has talked with the Albertson's manager and the construction of the intersection improvements at 125 th Avenue /Brockman impacted the store substantially. She said she would be hesitant to blame the decrease just on the left turn restriction on Greenway.
Mayor Drake opened the public hearing.
Karri Pollard, JK Development, Beaverton , said she represented the property owner of The Park at Greenway Apartments. She said their property bordered Albertson's on the south side and their driveway was fifty yards from Albertson's driveway which had the no-turn restriction. She said since the no-turn restriction was in place they have had 20 to 40 vehicles an hour perform a U-turn in their driveway (from 2:00 p.m. to 7:00 p.m. ). She said their driveway was very narrow and short and they have had damage to the property, including several broken curbs, three sprinkler heads had to be replaced, two accidents at the driveway and it was a serious pedestrian hazard. She said the turn restrictions were not working and it was a serious problem for them; the street was not wide enough and traffic still backed up. She said she did not think "No U-turn" signs would help. She suggested making the Albertson's driveway on Greenway Drive an exit-only driveway, and the Hall Boulevard driveway entrance-only.
Pollard indicated where her driveway was located on the map. She noted there was no room in their driveway for anyone to pull in and turn around without driving on the lawn and curb; nor was there room for a U-turn. She said the number of vehicles using their driveway was excessive.
Couns. Doyle confirmed Pollard's driveway entrance was directly across from Windmill Drive and that she had monitored the traffic on more than one occasion.
Pollard noted few people used the Windmill Drive to make U-turns because they would then be heading left into on-coming traffic when turning back onto Greenway Drive . She invited interested Councilor's to come to her site and monitor the traffic.
Coun. Stanton noted she sometimes used Pollard's driveway but had pulled into a parking space to make her turns. She said she thought people had used the driveway before and this was not a new phenomenon.
Pollard agreed it had happened before and said she had no problem with people pulling into the property and using the parking stalls to make their turns. She added that the Police Department monitored the street the first three months after the no-turn restriction was installed; since then, there was little enforcement. She said she understood the importance of the no-turn restriction because of the major backup problems, but she felt there would always be a major backup as long as the turn was there.
Robert Crocker, Beaverton , stated he supported keeping the current left turn restrictions on Greenway Drive . He said the restrictions worked well and he had not seen as many of the problems that they had prior to the restrictions being implemented. He said he was impressed with the Kittelson letter of May 27, 2004 , which stated there had been an improvement. He agreed there had been an improvement in the traffic but it had not dramatically reduced the queuing. He said one of the major problems was that if you were heading east on Hall Boulevard and turning into Greenway, it was a downward sloping right turn and you could not see the traffic ahead until you were committed to the turn. He said once you were committed to the turn, if there was a car stopped ahead the reacting distance was greatly impeded. He asked that the 3:00 p.m. to 7:00 p.m. hours of restriction be maintained because at 3:00 p.m. there was a lot of congestion from school traffic. He asked that the current restrictions be maintained.
Coun. Soth asked Crocker if imposing the restriction from 4:00 p.m. , instead of 3:00 p.m. , would minimize the traffic volume.
Crocker replied that at 3:00 p.m. there was a great deal of traffic from parents picking up students, especially on Greenway. He said that intersection was busier now since the construction had finished. He said he saw a lot of traffic from both directions on Hall Boulevard turning south onto Greenway at that time. He said having the restriction at 3:00 p.m. would lessen the queuing and the potential for accidents.
Coun. Doyle said he thought the Kittelson letter (pages 6 and 7) reinforced Crocker's point and asked for staff comment.
Wooley explained those studies were done in mid to late May and by then the 125 th Avenue/Brockman construction was almost completed and the intersection was working normally. He said his observations were that the traffic was back at the level expected two years ago and the counts verified those findings. He said he also looked at the Kittelson charts; his own observations were that in the early hours ( 3:00-5:00 p.m. ) there were many gaps in traffic on northbound Greenway so people heading south could easily make their turns without waiting. He said that lead to a lot of violations. He noted in May there were no queuing lines and September had only short queues.
No one else wished to testify.
Mayor Drake closed the public hearing.
Coun. Stanton MOVED, SECONDED by Coun. Soth that the City Council retain the current left turn restrictions on Greenway Drive from 3:00 to 7:00 p.m., as that has become the standard in the last eleven months, and that the turn restriction be continued until 125 th Avenue is constructed, and that there be no further planning of improvements in the CIP process for the Greenway Drive/Hall Boulevard intersection, and that staff be directed to prepare a final written order for Council approval.
Mayor Drake asked for staff comment on earlier discussions about installing flashing beacons at that location.
Wooley explained there was a suggestion to install flashing beacons that would only flash during the hours the restrictions were in effect. He said the cost would be $10,000 per sign and there would be two signs. He added the majority of the cost involved connecting the underground power to the signs.
Mayor Drake said that many people who received tickets said they had not seen the signs. He said this would improve the visibility and might be a prudent expense.
Coun. Soth asked if the signs would be reflective or luminous, which would improve visibility.
Wooley replied they were retro-reflective and larger signs could be used. He said the flashing beacons would help; those similar to the beacons used for school signs only there would be one light instead of two.
Couns. Stanton and Soth agreed to add to the motion direction to staff to bring forth a proposal for funding and installing flashing beacons on these two signs.
Coun. Doyle asked if Alternative 3 ( Greenway Drive widening project) would allow left turns to be made more easily.
Wooley replied it would make the southbound lane 20 feet wide which would provide more room for passing on the right. He said with this alternative there was no need for the turn restriction because there would be sufficient room to pass a waiting vehicle and there would be no queuing.
Coun. Doyle stated he would not support the motion because he preferred to solve the problem through Alternative 3. He said he felt Alternative 3 was the right solution; it would bring the road up to standards, and alleviate traffic impact and safety problems.
Coun. Stanton noted currently in the non-restricted hours there were cars queued up for the left turn and there was room to pass to the right if the people in line for the left turn moved close to the center line.
Coun. Doyle replied if the road was expanded, it would be marked and safe.
Coun. Soth cautioned that passing on the right was illegal. He referred to page 75 of the report which noted this would impose upon Albertson's a significant cost as well as the dedication of part of their property to do the expansion, and the City did not have the funds to do this project. He said because of that he could not see spending the money that would be required to do this type of project. He said he agreed with Coun. Stanton that when 125 th Avenue was built it would reduce the traffic on Greenway Drive considerably. He said that was why he supported the motion.
Coun. Bode stated she would support the motion though it was a bandaid approach. She noted the cost to widen the street would be huge and the City made a commitment to the neighborhoods over thirty years ago that 125 th Avenue would be put through to Hall Boulevard . She said she would also support Coun. Stanton in the future when she says it's time to construct 125 th Avenue .
Coun. Stanton reconfirmed that her motion was to enforce the restriction from 3:00 to 7:00 p.m. , Monday through Friday only.
Coun. Ruby stated he would have preferred Coun. Doyle's suggestion for Alternative 3, as he felt the left turn restriction was a trap for unwary motorists. He noted they were all trying to work on the project though there were different ways to go about it.
Mayor Drake repeated that the motion was to retain the 3:00 to 7:00 p.m. turn restrictions on weekdays, to eliminate future prioritization for financing of Greenway Drive/Hall Boulevard improvement, to add flashing beacon lights on the signs which will operate during the hours the restrictions were in effect, and that the turn restrictions be retained until 125 th Avenue was constructed.
Coun. Doyle stated in the staff report Alternative 3 said "all the work would be accomplished within the existing right-of-way." He said that implied there were no property issues and he asked staff if that was correct.
Wooley explained the options listed on page 75 were from the Kittelson report of a year ago. He said on page 10 was Exhibit C, Alternative 3, which did not require additional right-of-way because it was widening within the existing right-of-way. He confirmed that the cost for the two flashing beacons would be $20,000.
Coun. Doyle stressed the cost for Alternative 3 was $165,000 and the lights cost $20,000. He added the construction of 125 th Avenue might not occur for many years. He said in his mind the proper solution was to alleviate everyone's problems by widening the road to allow people to pass legally on the right. He strongly urged the Council to consider Alternative 3.
Question called on the motion. Couns. Bode, Soth and Stanton voting AYE, Couns. Doyle and Ruby voting NAY, the MOTION CARRIED. (3:2)
Mayor Drake called for a brief recess at 8:33 p.m.
Mayor Drake reconvened the meeting at 8:44 p.m.
Coun. Soth MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinances embodied in Agenda Bills 04116, 14117, 04118 and 14119 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, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
First Reading :
City Attorney Alan Rappleyea read the following ordinances for the first time by title only:
04116 - TA 2004-0007 (Spring 2004 Omnibus) (Ordinance No. 4312)
04117 - An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map, for Property Located at 1115 NW 158 th Avenue, CPA 2004-0007/ ZMA 2004-0007 (Ordinance No. 4313)
04118 - An Ordinance Annexing Property Generally Located at 9775 SW Denney Road to the City of Beaverton : Expedited Annexation 2004-0010 (Ordinance No. 4314)
04119 - An Ordinance Amending Ordinance No. 4187 Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map, for Property Located at 9775 SW Denney Road; CPA 2004-0009/ ZMA 2004-0009 (Ordinance No. 4315)
Second Reading :
Rappleyea read the following ordinance for the second time by title only:
04100 - An Ordinance Annexing Property Generally Located at 1115 NW 158 th Avenue to the City of Beaverton . Expedited Annexation 2004-0007 (Ordinance No. 4310)
Coun. Soth MOVED, SECONDED by Coun. Ruby, that the ordinance embodied in Agenda Bill 04100 now pass. Roll call vote. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
Televised City Council Meetings
Coun. Ruby explained he thought the City Council should adopt a consistent policy for televising City Council meetings. He said he felt television should be used as a window for opening up the Council to the broader public; and in a way that removed any perception that television was used as a public relations tool by the Council. He said his concern was a more consistent process for televising council meetings. He suggested the following options for Council consideration:
1) When a Council meeting was posted on the City web page as a televised meeting, that the television coverage not be cancelled unless the meeting was cancelled.
2) Televise all Council meetings; other cities in the region broadcast all city council meetings. He said he thought that was an excellent option unless it impacted the budget. He said he thought this made television a more valuable public information tool, eliminated the constant replaying of the same meeting on TVTV, and may reduce participants' distorted behavior at televised meetings.
3) If Council believed television had more negatives than pluses, then eliminate televising the meetings completely. He said he liked the idea of continuing to televise the meetings, especially since the City had the new studio and camera equipment. He asked for Council's opinion.
Mayor Drake said Coun. Ruby's comments were thoughtful. He explained past the Council chose not to televise every meeting because the cost was significant and the setup was complicated and tedious. He said that was no longer an issue; with the grant and new civic studio, it was easy to televise the meetings and cost was minimal. He added there was some staff cost. He agreed that the Council had always valued an open venue and process for its interactions with the public, and Councilors were very accessible to the public. He noted some cities do televise every meeting, however, they do not meet weekly. He added that one of the disadvantages of televising one meeting, was that if someone came in to do a "surgical strike" on an issue, the other side did not always get the same opportunity to respond. The advantage to televising more than one meeting was that all sides would have the opportunity to speak. He said he would support either option and that he always advocated for more public information.
Coun. Doyle suggested that a couple of meetings per month be televised, that would give the Council flexibility in what would be scheduled for the second and fourth meetings of the month.
Coun. Ruby said it was important to maintain trust with the public. He said he was surprised at how many people watched the meetings on TVTV. He said it was up to the Council to evaluate the plus and minus.
Coun. Bode said she would propose that a comment post card be sent to the citizens asking for their input and if they want the Council to spend money to televise the meetings.
Mayor Drake said the cost for televising meetings was minimal. He said that posting a questionnaire on the web or sending a post card may not reflect results that the Council would be looking for; part of government's job was to make some of these decisions.
Coun. Soth said he had no objection to televised meetings. He suggested televising twice a month for six months and then reviewing whether to televise every meeting.
Coun. Bode said she did not think that summer would be the time to start televising every meeting since the agenda's would be light.
Coun. Stanton said if the Council committed to the first and third meetings of the month she didn't think people set their alarm clocks to watch the televised meetings. She said the agendas were available on the web page; she asked how much it would cost to televise two meetings per month.
Mayor Drake said TVTV personnel televise the meetings without charge; however there would be an actual cost for staff time.
Coun. Stanton said the Council budget was astronomical and had not been tapped this year. She said there was a Citizen's Survey in past years and suggested they add the televised meetings question. She said she preferred every meeting be televised.
Mayor Drake said the Council and staff did good work and he said he supported the televised meeting and the Council was very tolerant of people not speaking on point to issues. He said they were all here to serve and that was what public service was about.
Coun. Doyle said he did not have a problem televising every meeting.
There was Council consensus that beginning July 1, 2004 , for a six-month trial period, every Council meeting would be televised, after which this would be re-evaluated.
Coun. Soth reported that this last weekend the National League of Cities held a conference in Chicago , which included a joint meeting of several of its committees. He said it was a valuable session as the committees were able to compare across committee lines, to better understand what they were all doing.
Coun. Stanton announced an Open House on the Highway 217 Corridor would be held this Wednesday, from 7:00 p.m. to 9:00 p.m. , at Tigard City Hall . She also noted the Beaverton Head Start Center Ribbon Cutting Ceremony would be held Wednesday, June 23, 2004 at 10:00 a.m.
Coun. Bode reported that Linus Torvalds, the inventor of LINUX, has joined The Open Source Development Lab, whose offices were located in Beaverton , at The Round.
Coun. Soth MOVED, SECONDED by Coun. Doyle, 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 and in accordance with ORS 192.660(1)(e) to deliberate with persons designated by the governing body to negotiate real property transactions. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
The executive session convened at 9:32 p.m.
The executive session adjourned at 9:46 p.m.
The regular meeting reconvened at 9:46 p.m.
Coun. Soth said he would be the Grand Marshall this year's SummerFEST Parade, and as Grand Marshall he wished to ride with the rest of the Council in the parade.
There being no further business to come before the Council at this time, the meeting was adjourned at 9:51 p.m.
Catherine Jansen, Deputy City Recorder
Approved this 28th day of June, 2004.
Rob Drake, Mayor