BEAVERTON CITY COUNCIL
REGULAR MEETING
OCTOBER 4, 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, October 4, 2004 , at 6:36 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 , 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 and Deputy City Recorder Catherine Jansen.

PROCLAMATIONS:

Mayor Drake proclaimed: October, 2004 as Breast Cancer Awareness Month; the week of October 3-9, 2004 as SMART Reading Program Week; October, 2004 as National Arts and Humanities Month; and October 7, 2004 as National Day of the Republic of China on Taiwan .

Mayor Drake read the proclamation for the SMART Reading Program Week and presented it to Leslie Eisele, Community Development VISTA for the SMART Program and Kim Turner, Program Manager for SMART in Washington County .

Ms. Turner thanked the Council for the support of the SMART Program in Beaverton . She said nine schools participated in the Program.

Mayor Drake stated he had been a SMART reader for a number of years in two schools and it was an excellent program.

Coun. Soth said he had observed that if you could teach a child to read with comprehension by the third grade, they were successful for the rest of their lives.

Coun. Stanton said that by teaching a person to read, you made it possible for them to learn on their own how to do many more things throughout their life.

Coun. Doyle said his daughter was a student in the SMART program; after she graduated from college and started her first job she volunteered as a reader for a similar program. He said the program was part of the today’s culture and successful, and he encouraged them to keep up the good work.

CITIZEN COMMUNICATIONS:

Susan Cook, Beaverton , said she was told at the BCCI (Beaverton Committee for Citizen Involvement) meeting last Tuesday, that the Council agenda for this meeting contained an item concerning the Code Review, which covered the Planning Commission’s recent action.

 Mayor Drake said he thought the item would be considered in about two weeks. He said he would have staff contact her with the date it would be heard.

Cook added she was told at the BCCI meeting that the Code Review had already gone through the Planning Commission. She said she participated in the Citizen Code Review Advisory Committee (CCRAC) and she was interested in the issue dealing with grading and ensuring that existing homes and residents were safe. She said she did not know what was approved by the Planning Commission. She said he r b iggest concern was she asked to be informed when this was considered by the Planning Commission and she did not receive notification. She said she wished the City would contact citizens when they ask for notification even if by an e-mail.

Mayor said he would talk with staff and have someone call her. He said he thought the Committee was informed. He noted this had been a two-year process for the CCRAC and the members were to be commended for their perseverance. He added this had been a difficult issue on which to find common ground.

Coun. Soth asked Cook if she was concerned about ensuring that the grading slope was sufficient to eliminate adverse effects on anyone living below the slope.

Cook replied that was her concern.

Henry Kane, Beaverton , referred to Jerry Boone’s recent column regarding photo radar in The Oregonian, “Drivers Must Prove Innocence in Beaverton .” He said he read the ORS statutes regarding photo radar. He said the statutes referred to a Certificate of Innocence but were silent regarding whether it was required that a motorist provide additional information if they were not the person driving the car when cited. He said the City could not exceed the power given by the statutes; he suggested the Council confer with the City Attorney regarding this to avoid future embarrassment for the City.

Mayor Drake explained this case was currently pending so the City could not comment. He stated the article was not complete and information was omitted which should have been included. He said people were not required to fill out information they did not know; the City did not require a citizen to go beyond stating the picture (photo) was not him.

Kane said he understood that, but the City’s Certificate of Innocence form said “you are required” without any qualification. He repeated his concern.

COUNCIL ITEMS:

Coun. Soth noted the League of Oregon Cities Conference was November 4 and 5, 2004, in Portland . He reminded Councilors who were going, to submit their registration. He said there were many interesting seminars and workshops this year.

Coun. Stanton explained the Metropolitan Area Communications Commission (MACC), established a subcommittee of the Budget Committee to review the financial support that jurisdictions contributed to Tualatin Valley Television (TVTV) for PEG (Public Education and Government) access, and to review the performance requirements of TVTV’s Access and Management Services Contract. She said MACC established a process, with a timeline, to review what TVTV services cities were getting with the 17% franchise fees that go to TVTV. She said an open house/public hearing would probably be held in December, 2004 or January, 2005.

STAFF ITEMS:

Finance Director Patrick O’Claire said today staff performed the pre-closing of the bond sale which would be conducted tomorrow. He said he had copies of the official bond statement if any Councilors wanted a copy. He explained this bond issue was refunding two prio r b ond issues from 1994 and 1997. He said this was similar to taking advantage of lower interest rates to refinance a house. He said the bonds could not be called when the new bond issue was funded; it would be placed in an escrow account to be paid at a later date when the bonds for 1994 and 1997 were called and paid off. He said in this bond issue the City was saving $564,000 in present value interest savings. He said this meant $50,000 a year less in debt service to the water system over the next 13 years.

Coun. Soth said the savings happened over the years as result of the lower interest rates.

O’Claire agreed that was correct, stating over the next fiscal year the City would spend $50,000 less in debt service for the outstanding bonds.

CONSENT AGENDA:

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

Minutes of Regular Meeting of September 20, 2004

04200 - Establish Monthly Water Meter Demand Charge for an 8 Inch Water Meter (Resolution No. 3781)

04201 - Liquor License: New Outlet - Simple Pleasures; Change of Ownership - Juan Colorado Mexican Restaurant

Contract Review Board:

04202 - Design Contract Award – Blakeney Storm and Sanitary Improvements Project No. 8049

Couns. Doyle and Stanton noted they had minor corrections to the minutes which they gave to the Deputy City Recorder.

Coun. Stanton thanked Engineering Director Tom Ramisch and Project Engineer Joel Howie for keeping traffic moving very well in all directions at the Brockman/Greenway intersection. She said the configuration of the intersection was very nice and made driving in that area much better for everyone.

Coun. Bode said she observed many cars were displayed for sale at the Brockman/ Greenway intersection on weekends.

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

PUBLIC HEARINGS:

04203 - Public Hearing on the Proposed Use of the 2004 Local Law Enforcement Block Grant (LLEBG) Funds

Police Chief Dave Bishop reviewed the staff report. He said the grant funds would allow the purchase of 12 additional tasers (presently the department has seven) and would provide coverage for all shifts. He said 68 police officers were certified to use the tasers. He said in the past year they used the tasers 13 times, and in two of those instances it saved lives. He said they felt having and using the tasers was positive and proactive.

Coun. Stanton asked if information on how many tasers were being purchased would come in a future agenda bill when funding allocation was considered.

Bishop replied it would.

Coun. Doyle congratulated Chief Bishop for the officers who just received the heroism awards. He said that was fantastic.

Bishop said he thanked the Oregon Peace Officers Association for the Mayor and Council when the awards were received. He said it was a very rewarding opportunity to receive the Medal of Valor and the officers were very deserving. He said he was very impressed and proud of the officers.

Mayor Drake said the use of tasers was an additional tool that was more humane than injuring someone or using deadly force. He explained using the tasers was a last resort; it helped keep officers and those being subdued safe. He said he was extremely disappointed in Congress for not renewing the assault weapons ban, knowing that a Kevlar vest was often the only thing s tand ing between life and death for police officers. He said the use of tasers was important to keep incidents from getting out of control.

Mayor Drake opened public hearing and asked for testimony.

No one was present to testify.

Mayor Drake closed the public hearing.

Coun. Soth MOVED, SECONDED by Coun. Doyle, that Council direct staff to bring forward an agenda bill with a specific purpose grant adjustment resolution authorizing the expenditure appropriations.

Coun. Stanton said she would support the motion and she was pleased that staff was actively seeking the Federal funds that were available for these materials and programs. She commended Management Analyst Michelle Harrold for securing those grants on behalf of the City.

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

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 7:13 p.m.

APPROVAL:

Approved this 11th day of October, 2004.

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Rob Drake, Mayor