BEAVERTON CITY COUNCIL
REGULAR MEETING
APRIL 18, 2005

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, April 18, 2005, at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Dennis Doyle, Fred Ruby and Cathy Stanton. Coun. Bode was excused. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Engineering Director Tom Ramisch, Operations/ Maintenance Director Gary Brentano, Human Resources Director Nancy Bates, Police Chief David Bishop and City Recorder Sue Nelson.

VISITOR COMMENT PERIOD:

Francine Kaufman, Portland, asked The Mayor and City Council how the Operations Department was structured in terms of what services that Department provided.

Mayor Drake replied the Operations Department was responsible for maintenance of City streets, storm and sewer drains, and City facilities. He said that since her questions may take more time, he suggested that she speak with the Operations Director Mr. Gary Brentano.

Ms. Kaufman met with Mr. Brentano outside the Council Chamber.

COUNCIL ITEMS:

Coun. Stanton said the Greenway Neighborhood Association would be meeting Thursday, April 21, 2005; the program would include the Highway 217 Corridor Study. She also said this Saturday, April 23, 2005, the Neighborhood Summit would be held at City Hall with several sessions on City programs and policies. She said anyone who was interested was welcome to attend; registration for the Summit was through the Neighborhood Office at 503-526-2243. She said lunch would be available for a $5.00 charge.

Coun. Stanton said May 5th would be National Day of Prayer and the Big Brothers and Big Sisters of Metropolitan Portland would be holding an interfaith prayer breakfast at the Kingstad Meeting Center. She said information was available by calling 503-249-4859, Extension 240.

STAFF ITEMS:

Chief of Staff Linda Adlard said she was pleased to announce that the National Civic League announced the finalists for the 2005 All American City Award and Beaverton was one of 30 cities that would be competing for the ten final spots for the All American City Award. She congratulated the Council and City.

CONSENT AGENDA:

Coun. Stanton pulled Agenda Bill 05076 for separate consideration.

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

Minutes of the Regular Meeting of April 11, 2005

05075 Liquor License Application: New Outlet - Ringo's Bar & Grill

05076 Social Service Funding Committee Recommendations - Pulled for separate consideration

05077 Boards and Commissions Appointment - Bryan Thompson to Bicycle Advisory Committee

05078 Ratify Tentative Contract Agreement with Beaverton Police Association

Coun. Doyle said he would abstain from voting on the April 11, 2005 minutes as he was not at that meeting.

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

05076 Social Service Funding Committee Recommendations

Coun. Stanton said she asked that Agenda Bill 05076, the Social Service Funding Committee Recommendations, be pulled for separate consideration. She said the City receives State Revenue Sharing Funds annually. She said every year the City uses part of this money to fund non-profit agencies that provide social services to Washington County citizens; this year $200,000 was recommended to fund these social services. She highlighted some of the programs receiving funding this year, which included: 1) The CASA (Court Appointed Special Advocate) Program, which is a volunteer group that advocates for children to protect children's rights in various abuse or legal cases; 2) The Domestic Violence Resource Center; 3) The Beaverton Loaves and Fishes; 4) The Good Neighbor Center, which is a family homeless shelter; and 5) The Youth Contact. She said there were over 20 recipients, and the grants ranged from $2,000 to $29,000. She said she was thankful the State Legislators have allowed the cities to use the Shared Revenue funds to help non-profit agencies in the community.

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that Council approve Agenda Bill 05076, the Social Service Funding Committee Recommendations. Couns. Arnold, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

Coun. Doyle congratulated and thanked staff and the Beaverton Police Association for reaching agreement and conclusion on the police negotiations.

Mayor Drake welcomed the scouts from Scout Troop 592, from the Valley Presbyterian School, who were at the meeting to earn their merit badges.

PUBLIC HEARINGS:

05079 A Public Hearing to Receive Public Input Regarding the Annexation of Several Parcels Located in the Vicinity of Cornell Oaks Corporate Center to the City of Beaverton: Annexations 2005-0002 and 2005-0003

Community Development Director Joe Grillo said this was the last round of City Council authorized annexations that began in November of 2004. He read a prepared statement defining the process to be followed for the hearing (in the record).

Principal Planner Hal Bergsma said this was the fourth and final set of annexations that Council will consider this year. He said these annexations would have been considered with other North Beaverton annexations earlier this year, but most of the properties could not be considered for annexation at that time because of a 1995 annexation agreement with the owners of the Cornell Oaks Corporate Center. He said until that agreement expired on February 1, 2005, the City could not initiate annexation of the Cornell Oaks properties before they developed in the County. The Council authorized initiation of these proposed annexations on February 15, 2005. He said the properties owned by Leupold & Stevens, Inc., were not completely surrounded by right-of-way in the City, but they were part of a larger island. He said staff interprets ORS 222.750 to allow for annexation of part of an island. He said Leupold & Stevens' employees access their property through the Cornell Oaks Corporate Center by using City-maintained streets, including Greenbrier Parkway; so Leupold & Stevens currently benefits from City-provided services.

Bergsma said Robert Van Brocklin, Stoel Rives, LLP, attorney for Leupold & Stevens, submitted a letter in which he stated that the City could not annex his client's property against their will because they fall under a section of law originally adopted to exempt Tektronix from forced annexation. He said a Supplemental Staff report distributed to Council this evening responded to the information in Van Brocklin's letter and provided additional information relevant to the cited law. He said based on a review of Van Brocklin's information and information provided by staff, the City Attorney had advised that the Leupold & Stevens property was not exempt from annexation under ORS 222.750. He said staff recommends the City Council adopt the ordinances that would annex the subject properties. He said it should be noted that the effective date of the Leupold & Stevens annexation proposed date be June 30, 2006 to allow for their completion of a planned parking lot improvement project through the County's process.

Bergsma said there were two corrections to the Supplemental Staff Report: 1) Page 3, Item 3, middle of the paragraph, the sentence on legislative history should read "The legislative history is clear that this is special legislation." 2) Page 4, Section 3C, the first sentence should read "The letter further states that in 1995….” He said that concluded the staff report.

City Attorney Alan Rappleyea said he had additional information that was not in the staff report. He said regarding the special legislation which exempts property that has its own sewer and water lines, the legislative history indicated this legislation applied to Tektronix and was amended in 1997 to apply to a Reynolds Aluminum Plant outside of Troutdale. He said he talked to the Troutdale City Attorney, who confirmed the plant does have its own treatment plant on site, as did Tektronix originally.

Coun. Stanton asked if all the 14 parcels being considered fell under the original 1995 annexation agreement for Cornell Oaks.

Bergsma said that 11 parcels fell under the agreement; the nine that were west of the power lines and two that were Leupold & Stevens' parcels.

Coun. Stanton reconfirmed with Bergsma that 11 of the 14 subject properties were part of the original 1995 agreement to go through a scheduled annexation; as the lots developed they would be platted in the County and then annexed to the City to obtain City services.

Mayor Drake opened the public hearing.

Henry Kane, Beaverton, said he examined the statute relied upon by Leupold & Stevens, and it said nothing about Tektronix. He said he had three motions. He said the first was to reschedule and renotice the two annexations because the two mailed notices do not comply with the public hearing notice provisions of ORS 197.763. He said the second was to keep the record open for seven days after close of testimony. He said the third motion was that the oral statement at the beginning of the public hearings, comply with ORS 197.763(5). He said it was important to tell the people in the audience the criteria. He said the current oral statement and the hearing notice do not include the criteria, so people do not know the criteria to address. He said he thought the hearing should be renoticed to comply with the statute.

Coun. Stanton asked the City Attorney if Kane was correct that the written notification was not done in accordance with ORS 197.763(5) and that the City's opening oral statement did not comply with ORS 197.763(5).

Rappleyea replied Kane was not correct. He said the City properly followed all noticing procedures.

Coun. Arnold said for many years cities throughout the country have not allowed people to vote on annexations. She referred to how Houston, Texas, annexed areas 20 miles down a freeway, bringing 20,000 people into the City of Houston without a public vote. She said what Beaverton was doing was vastly different, as it was annexing areas already surrounded by the City. She said this would not be a clean vote as people living in an island area would not want to annex into a city when they already received the services. She said she understood why this was allowed by State law.

Frances Kaufman, Vice President of Manufacturing and Engineering, Leupold & Stevens, said Leupold & Stevens began business in Oregon in 1907 and will soon achieve 100 years of continuous operation. He said this was a family-owned enterprise and they were committed to maintaining viability well into the future.

Kaufman said the factory moved to its current location on Greenbrier Parkway in 1967 and currently employs 500 people. He said in the 1990's the company expanded its facilities and positioned itself for future growth by purchasing two undeveloped lots from Cornell Oaks that lay adjacent to existing Leupold property. He said two years ago the company began to pursue preparations to develop these properties and subsequently discovered that a section of wetland had developed on this property which was not discovered during previous acquisition activities. He said Leupold invested considerable time and money to generate the designs and permits required to mitigate the wetland area and develop the property for potential growth and expansion. He said this included working with a number of agencies. He said an agreement was reached with the Tualatin Hills Park and Recreation District to improve the neighboring park property, at Leupold's expense, to mitigate the wetlands. He said Leupold had not yet obtained all the permits required for the planned improvements to this property. He said they were approaching final approval from all the agencies and intended to continue with this expansion. He said the proposed annexation would add additional cost to their operation and it was not in the best interest of Leupold & Stevens. He said it was for this reason Leupold opposed the annexation of their property.

Robert Van Brocklin, attorney representing Leupold & Stevens, Portland, submitted his letter dated April 8, 2005, into the record. He said they had received the Supplemental Staff Report just before the meeting and had not had a chance to review it. He said since the record would remain open, he was reserving the right to respond to the Supplemental Report before the record closed. He said they felt the ORS statute referred to earlier do apply to their case and that statute would expire in July 2009. He said they would provide additional written material to the Council and he appreciated the Council's thoughtful consideration of his letter and their position on this matter.

Mayor Drake thanked Van Brocklin for his letter and for working with the City Attorney in the exchange of ideas.

Coun. Ruby asked Kaufman, in relation to the development process, if there had been any suggestion that annexation would require them to go through any of "the hoops" they had already gone through and accomplished.

Kaufman said that had not happened; it was more a matter of going through the process and hoping no new requirements would crop up. He said in this project, everytime they turned around there had been new requirements and it had been difficult. He said they were not looking for any more challenges than what they already encountered.

Van Brocklin added that in going through the wetlands process, one of the review authorities was to the State of Oregon, Division of State Lands.

Coun. Ruby asked if annexation would cause the applicant to be required to re-establish any of these review procedures.

Rappleyea replied there was a provision in this ordinance to delay the annexation for one year to allow them to complete their permits under the Washington County system.

Mayor Drake said he appreciated being able to work on this with Leupold & Stevens. He said being part of the process regionally and at the State level; the requirements were all well-intended. He said he believed they were all good stewards of their properties; and he and the Council appreciated what they went through. He said the City's goal in the long-term was to make it easier for successful businesses to survive in the City.

Coun. Doyle thanked Kaufman for working out the agreement with the Tualatin Hills Park and Recreation District. He asked Kaufman if he was comfortable that none of the permits he had in process would be stymied by this action.

Kaufman said he was not aware of any that would be affected.

Coun. Stanton referred to the Supplemental Report which was distributed before the meeting; she asked if Leupold & Stevens had its own sewerage treatment plant on site.

Kaufman said they did not.

Mayor Drake closed the public hearing.

Coun. Stanton said she voted no on the original agreement in 1995 because she did not want to wait ten years for the annexations. She said she finds it disconcerting that whenever someone develops a plat in the County, and then annexes to the City for services, the City gets County-design and not City design. She said she wanted the annexation to take place in 1995 so the City could be involved in the development design. She said she lost on that vote. She said she would support the annexation as after ten years she felt it was time for all the parcels to come into the City.

Mayor Drake said the first reading of the annexation ordinances was next on the agenda and asked the Council's preference.

ORDINANCES:

Suspend Rules:

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinances embodied in Agenda Bills 05080, 05081, 05082 and 05083, 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, with the provision that the record be kept open for Agenda Bills 05080 and 05081 until next Monday, April 25, 2005, at 5:00 p.m. Couns. Arnold, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading:

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

05080 An Ordinance Annexing Nine Parcels Located in the Cornell Oaks Corporate Center to the City of Beaverton: Annexation 2005-0002 (Ordinance No. 4349)

05081 An Ordinance Annexing Five Parcels Located in the Vicinity of the Cornell Oaks Corporate Center, Owned by Leupold & Stevens, Inc., to the City of Beaverton: Annexation 2005-0003 (Ordinance No. 4350)

05082 An Ordinance Adopting TA 2004-0009 to Amend Development Code Section 50.25.7 (Completeness Processing Amendment) (Ordinance No. 4351)

05083 An Ordinance Amending Beaverton Code Chapter 2 by Repealing Sections 2.03.141 to 2.03.148 Providing for a Historic Resource Review Committee (Ordinance No. 4352)

Second Reading:

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

05074 TA 2004-0011 Tree Code Text Amendment (Ordinance No. 4348)

Mayor Drake explained that Coun. Arnold had asked that the staff report back to Council in one year on any updates to the Tree Code Text Amendment and provide a report on the impacts this new Tree Code has had on development, on the City and on the trees.

Coun. Arnold MOVED, SECONDED by Coun. Doyle, that the ordinance embodied in Agenda Bill 05074, TA 2004-0011 Tree Code Text Amendment, Ordinance No. 4348, now pass, with the additional request that Planning Department staff report back in one year on the effectiveness of the ordinance as noted above.

Coun. Arnold said she appreciated all the work of the Planning Commission, the staff and the citizens, to develop a reasonable ordinance that helped preserve the trees in a way that made sense. She said she thought it would do a lot of good but it was such a big change, she wanted to hear how it was working after one year.

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

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 7:30 p.m.

APPROVAL:

Approved this 2nd day of May, 2005.

__________________________________
Rob Drake, Mayor