MARCH 1, 2004


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, March 1, 2004 , at 6:35 p.m.


Present were Mayor Drake, Couns. Dennis Doyle, Fred Ruby, Forrest Soth and Cathy Stanton. Coun. Betty Bode was excused. Also present were Chief of Staff Linda Adlard , 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, Police Chief David Bishop, Economic Development Manager Janet Young and City Recorder Sue Nelson .


04026 - Presentation of Shields and Swearing In of Two Officers to the Beaverton Police Department

Mayor Drake welcomed the new Beaverton Police Officers Ryan Murphy and Mandi Nicholsen to the City.

Police Chief David Bishop swore in Officers Murphy and Nicholsen and presented them with their shields. He thanked the officers' families for their support.

04027 - Project Update - Beaverton Software-Focused Business Incubator

Economic Development Manager Janet Young updated the Council about the Beaverton Software-Focused Business Incubator Project. She explained the Council adopted the Business Plan for this project on January 12, 2004 , and staff was busy implementing that Plan. She said that the Council Agenda for this meeting included a recommendation to approve a contract with Business Cluster Development for the First Phase of the Business Incubator implementation. She added staff was looking for space in downtown Beaverton to accommodate the incubator. She said several meetings had occurred with parties interested in all aspects of the incubator and there was a high interest level in the community.

Young explained the next steps included continuing the search for downtown Beaverton office space, beginning the articles of incorporation and bylaws for the 503(c)(3) designation, establishing the policies and membership for the Board of Directors, and developing a strategy for sponsorships and partnerships.

Coun. Soth noted a lot of enthusiasm had been generated about this project. He said that currently 95% of all jobs were created by small business; so this offered a great opportunity for entrepreneurs to begin their businesses. He said he was sure it would be successful.

04028 - Traffic Commission Presentation

Traffic Commission Chair Scott Knees introduced fellow Commissioners Ramona Crocker and Thomas Clodfelter who were in attendance; he acknowledged Commissioners Holly Isaak, Louise Clark, Kim Overhage and Andrea Soltman, who were not in attendance. He complimented Traffic Engineer Randy Wooley , Project Engineer Jabra Khasho, and Support Specialist Debra Callender , and said it was with their help that the Commission was able to meet its mission to produce well-engineered, effective and citizen-endorsed traffic solutions.

Knees said that in 2003 the Traffic Commission met nine times, considered 22 consent agenda items and 23 public hearing issues. He said the public hearings covered various traffic and funding issues and only one issue was appealed to the City Council ; the turn restriction on Greenway at the Albertson's Store. He reported the major issues included parking, traffic signal installation, stop signs and traffic calming. He added traffic calming generated a lot of interest in the community; the Commission had asked staff to prepare a report on the effectiveness of traffic calming, which resulted in interesting data. He said 17 traffic calming projects were installed within the last few years. He said that prior to installation of traffic calming measures, the recorded high (in areas where traffic calming was requested) for traffic traveling over the speed limit was 66%; after traffic calming devices it was reduced to 50%. He said in general the citizens were happy with the results. He said a survey was sent to residents who were impacted by the traffic calming devices and the response was 24%. He noted that citizen's who followed through on the whole process were satisfied.

Knees reported that the Commission also reviewed new technology for flashing yellow arrows. He said there were three of these installed in Beaverton as a pilot project at Allen and Menlo, Allen and Wilson and 125 th and Longhorn. He said they were successful. He said other cities in Oregon were going to implement the flashing yellow arrows and they were going to become part of the Federal s tand ards. He said the Commission felt privileged to help the City be a pioneer in this new technology. He said another new technology incorporated in the City was the countdown pedestrian crosswalk signals; there were several installed throughout the City.

Mayor Drake thanked Knees and noted the citizens were well served by the Commission.

Coun. Soth said he appreciated the flashing yellow lights as they were very helpful. He asked if the Commission had received any input from the Fire Department concerning traffic calming methods that allowed the fire trucks to straddle the bars on the street.

Knees said the Commission had received input and they had heard a presentation by Tualatin Valley Fire & Rescue on preferred traffic calming methods. He said they were glad TVF&R was working with them on this issue.

Coun. Soth explained that speed bumps were engineering projects funded from the Gasoline Tax Money; they were not construction projects.

Coun. Stanton asked if the funds for traffic calming came out of the serial levy.

Engineering Director Tom Ramisch explained that traffic calming was currently funded from the Traffic Enhancement Fund. He said some staff charges for this work came from Gas Tax funds. He said staff was preparing a plan for future funding which would be in the upcoming budget.

Coun. Stanton referred to traffic calming and review of speeds, and asked what street had traffic that was 67% above the speed limit.

Knees replied it was Davies Road , between Scholls and Brockman; he added Sorrento was 61% above the speed limit.

Coun. Stanton asked if the Council could get copies of the data presented by Mr. Knees.

Transportation Engineer Randy Wooley explained the technical data was currently on the City's Web site. He said the packet of citizen comments was quite thick and available in the Engineering Department.

Coun. Stanton commented that she would review the packet of citizen comments in the Engineering Department. She added that she appreciated the flashing yellow arrows.

Coun. Doyle agreed the flashing yellow arrows were great. He asked if there had been any feedback on the countdown pedestrian crosswalk signals.

Knees said he asked staff that question a few months ago and Wooley had indicated that the City had not heard any negative comments but they had received a handful of positive comments.

Coun. Doyle suggested that once the City had more flashing yellow lights in use, and more statistics available, the City might be able to convince the County to use the flashing lights on certain County roads.


Mayor Drake called for a brief recess at 7:05 p.m.


Mayor Drake reconvened the meeting at 7:15 p.m.


Kathryn Sayles, Aloha, read from a letter dated March 1, 2004 , regarding an Urban Services Agreement between the City and the Tualatin Hills Park & Recreation District. She explained the District intended to place an annexation plan on the election ballot this Fall. In order to do this the District had to get an Urban Services Agreement with the City and County; the County had signed an agreement with the District but the City had not. She said the District chose to use the annexation method provided under ORS 195.205, which was ambiguous. She said this provision could be interpreted to mean either a double-majority election or a single election with a 'combined vote' total. She said the combined vote counted the votes from 200,000 in-District voters, with the votes from the 14,000 voters in the targeted area. She added the outcome of such an election seemed certain and voters in the targeted area would be denied their right to self-determination. She urged the Council to not sign any Urban Services Agreement which included the ORS 195 provision, until the provision was clarified by law, which would probably happen at the next legislative session. She submitted a copy of her full testimony for the record.

Mayor Drake explained it was premature for Council to give an opinion. He said discussions were still underway with the County and the double majority was only one factor of the agreement.

Sayles explained the County had already signed the agreement with the District and it was too late to get that provision removed from their agreement.

Mayor Drake explained the City could not control what the County did in its business matters. He said the City was still in its negotiation stage and at this time the Council had not received an agreement.

Coun. Ruby complimented Sayles for her fine service in bringing this forward. He said he was glad to hear that Council would have the chance to fully evaluate the issues she raised before an agreement was signed. He continued by explaining the District believed this statute allowed the District to put forward this cumulative election process. He said the most important issue before the City was the evaluation of this method; the Council needed to determine if this was a good method for an annexation election. He noted that Sayles made a good point that this cumulative process seemed to produce a manipulated election. He said he was glad to hear the Council would have the opportunity to discuss this before any agreement was signed. He said he intended to appear at the District's final public hearing on this annexation plan, which was scheduled for March 15, 2004 . He said he hoped many citizens would attend that hearing. He thanked her fo r b ringing this forward.

Sayles indicated she was concerned about citizen notification of the hearing.

Coun. Ruby said he was sure the District followed the notification rules for this issue. He also noted the District's Annexation Plan, dated February 2, 2004 , was available on the District Web site. He said the District's plan to use the cumulative election process was spelled out in the Annexation Plan. He urged that citizens study this issue.

Mayor Drake explained the plan was a policy document that the Council would review.

Coun. Ruby explained that he heard from Sayles about a week ago; until then he had no idea the District planned on using this method of annexation which he believed was quite controversial based on its track record with other jurisdictions. He said the main point he was making was that this was an important decision that the Council should make. He said since the statute only allowed the District to move forward with this type of election if the City and County agreed to it in writing, that placed independent responsibility on the City to determine if this was a fair method of annexation that respected democratic principles. He said he looked forward to having that discussion.

Coun. Stanton said she appreciated Sayles coming forward with this information and she wanted to hear additional information about the District.

Henry Kane, Beaverton , said the Council received a copy of his letter and editorial on commuter rail. He said that subject to the approval of the Federal Highway Administration next year, the commuter rail will cross Farmington Road , Broadway and Canyon Road during the peak rush hour. He said the City taxpayers spent $25 million dollars to remove the railroad tracks off Canyon Road ; this project would put the tracks back on Canyon Road . He said there would be no problem if the commuter rail obeyed traffic signals as the MAX trains do in Portland . He suggested it was in the best interest of the City to support an agreement between commuter rail sponsors and the Federal Highway Administration. He said if it was good enough for TriMet in Portland , it was good for Beaverton , Tigard and Wilsonville. He added the Metro Council Office informed him that the Metro Council would issue an opinion about the constitutionality of the proposed toll lanes on Highway 217.


Coun. Stanton said the Tualatin Basin Goal 5 Update was being held tonight and again Thursday night ( March 4, 2004 ) in Tualatin. She explained this was a State mandated program to protect open spaces and natural resources. She noted on March 29, 2004 , at the Beaverton Library from 4:00 p.m. to 7:30 p.m. , informational displays on this issue would be available in Meeting Rooms A and B, and a public hearing would be held at 8:00 p.m. in the auditorium. She noted additional information was available on the Metro Web site and urged interested citizens to attend the public hearing.


There were none.


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

Minutes of the Regular Meeting of February 9, 2004 .

04029 - Boards and Commissions Appointment: Charmagne Ehrenhaus to Library Board

04030 - A Resolution Adopting a Map Entitled "Solid Waste Franchise Service Areas of the City of Beaverton " (Resolution No. 3749)

04031 - A Resolution Adopting an Intergovernmental Agreement with Metro Regional Government for Commercial Technical Assistance Program Funding (Resolution No. 3750)

Contract Review Board:

04032 - Personal Services Contract with Business Cluster Development for First Phase of Business Incubator Implementation

Coun. Stanton explained she added additional language to page 7 of the February 9, 2004 , minutes to clarify her question on Traffic Commission Issue No. 500. The Council agreed to add additional language.

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


Suspend Rules:

Coun. Stanton MOVED, SECONDED by Coun. Soth, that the rules be suspended, and that the ordinances embodied in Agenda Bills 04033, 04034 and 04035 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 :

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

04033 - An Ordinance Amending Ordinance 4187, The Comprehensive Plan, by Adopting the " Beaverton School District Facility Plan 2002" by Reference and Deleting References to Outdated Provisions (Ordinance No. 4289)

04034 - An Ordinance Annexing Property Generally Located at 1250 NW Waterhouse Avenue, in the Cornell Oaks Corporate Center, to the City of Beaverton: Expedited Annexation 2003-0013 (Ordinance No. 4290)

04035 - An Ordinance Adopting TA 2003-0009 to Amend Development Code Section 20.20.60-2 (Murray Scholls Town Center Pedestrian Route Map) (Ordinance No. 4291)

Second Reading :

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

04024 - An Ordinance Adopting the JWC Water Service Agreement as Amended, the Tigard Joinder Agreement and the Barney Joint Ownership Agreement (Ordinance No. 4288)

Coun. Stanton MOVED, SECONDED by Coun. Soth, that the ordinance embodied in Agenda Bill 04024, now pass. Roll call vote. Couns. Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)


There being no further business to come before the Council at this time, the meeting was adjourned at 7:40 p.m.


Susan Nelson, City Recorder


Approved this 15 day of March, 2004.

Rob Drake, Mayor