BEAVERTON CITY COUNCIL
REGULAR MEETING
AUGUST 1, 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, August 1, 2005, at 6:30 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Fred Ruby and Cathy Stanton. Coun. Dennis Doyle was excused. 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, Deputy Police Chief Chris Gibson and City Recorder Sue Nelson.

VISITOR COMMENT PERIOD:

Henry Kane, Beaverton, said the Highway 217 Project Advisory Committee was meeting August 3, 2005. He said the Committee continues to receive information on toll roads but they hadn’t received any information indicating the project was feasible. He said the project cost would be extensive and the decision would have far-reaching consequences concerning traffic congestion and livability in Beaverton. He said with closure of some access ramps to Highway 217, traffic would be diverted to neighborhood streets. He asked Council to determine which options would do the most for the City. He said the best option was for two or more general purpose lanes. He said this would be an important meeting; the last meeting would be in September.

Bruce Bartlett, Portland, Chair of Citizen Participation Organization (CPO) No. 1, submitted a letter dated August 1, 2005 to the City. He said the CPO had not taken an active s tand on the Walmart proposal. He said on July 5, 2005, the CPO passed a motion that closely mirrored Senator Charlie Ringo's legislation dealing with big box development.

Mayor Drake said he had enjoyed a good working relationship with Mr. Bartlett and the CPO. He said this was the first time he had seen Mr. Bartlett's letter and he had no indication from City staff that they had any contact with Bartlett. He said the Walmart application had been filed with the City but it was incomplete. He said he advised the Save Cedar Mills members a few weeks ago that once an application was received, the City Council would not take testimony related in any way to Walmart until there was a formal hearing. He said any reference to a big box development was out of line at this time for it was too closely linked to a specific retailer. He asked the City Attorney for comment.

City Attorney Alan Rappleyea explained the Mayor was referring to ex parte contacts and the Oregon Constitution requires jurisdictions to have fair and impartial hearings bodies. He said if people came in and testified, without the opposing side being present to rebut whatever was said, a claim of procedural error could be made on appeal of this decision. He said the idea was to keep the hearings bodies as neutral as possible and avoid ex parte contacts. He said his advice to the Mayor and Council was to avoid all ex parte contacts. He said the City would retain the letter and put it in the record and when the applicant comes before the Council there will be an opportunity to talk about it.

Bartlett said this letter did not address any particular development. He said the citizens in CPO 1 have been involved in this and want to continue to be involved. He said there was huge citizen support for self-determination in this area. He said there was a second part to this which involved environmental noise; specifically traffic. He said they wanted the County and City to more vigorously enforce noise pollution issues. He said he wanted Council to consider this noise pollution issue.

Mayor Drake said he had discussed this with the Community Development Director but this would take careful analysis to respond appropriately.

Bartlett said there were rules which could be used to enforce existing noise regulations. He said this was a subject that was germane to the quality of life in the area.

He asked if the Walmart application was considered incomplete at this time.

Mayor Drake said it was not complete and might not be complete until August or September, 2005. He said the City wanted to follow everything according to Hoyle so that whatever the Council ultimately does, there would not be any procedural problems.

Coun. Stanton asked if a vote was taken by the CPO on the noise issue.

Bartlett said there was a vote on the noise issue and that detail was omitted from his letter. He said he would need to check on the vote and get back to Council in the future. He said Conflict Resolution Day was coming up in October. He said good listening skills were imperative to making progress in conflict resolution and mediation, and he shared a set of cards on tips for good listening with the Council.

Coun. Arnold thanked Bartlett for all his work and said she wished they had twenty more of him.

COUNCIL ITEMS:

Coun. Bode said the last Picnic in the Park would be August 18, 2005, at Autumn Ridge Park.

Mayor Drake said “National Night Out” would be tomorrow night, August 2, 2005, to help stamp out crime. He said there would be a variety of activities and displays from the Police Department and Tualatin Valley Fire & Rescue, and hot dogs and ice cream would be served.

Coun. Stanton said she would distribute to the Council the City Library User Survey 2005 Executive Summary.

STAFF ITEMS:

Finance Director Patrick O’Claire said the City was preparing for the bond sale tomorrow to refund the Library construction bonds. He said the market has shifted a bit; the sale will provide approximately $830,000 in interest cost savings. He said they were structuring it so the savings would come later in the out-years of the bond issue. He said that was a 3.5% present-value savings, so it was over the three percent minimum savings required by the State Treasurer's Office. He said he hoped nothing would happen over night that would scare the bond market.

Deputy Police Chief Chris Gibson said there would be a large industrial shred truck available for citizens to bring documents to shred as part of the National Night Out event tomorrow night. He said it would be free of charge and the limit was a two-foot high stack per person. He said the event starts at 6:00 p.m.

Coun. Ruby said parking was available at the back of City Hall for this event.

CONSENT AGENDA:

Mayor Drake said Coun. Stanton wished to speak briefly on Consent Agenda Item 05144 regarding the intergovernmental agreement establishing the Tualatin Basin Natural Resources Coordinating Committee (TBNRCC).

Coun. Stanton said Consent Agenda Item 05144 authorizes the Mayor to sign an amendment to the intergovernmental agreement establishing the Tualatin Basin Natural Resources Coordinating Committee (TBNRCC). She said this was an important issue because of the implications of what will happen inside the Tualatin Basin. She said Metro has Title 3 and the State has Goal 5 that deal with natural resources. She said in addition, the Federal Government National Marine Fishery Services (NMFS) has ruled that any jurisdiction that has water resources used by salmon or steelhead smolt, had to produce a protection plan. She said the cities and regional governments have been working together to meet regional, state and federal requirements; the TBNRCC was formed to work on the plans for the Tualatin Basin.

Coun. Stanton said the amendment to the intergovernmental agreement (Agenda Bill 05144) was the next step. She said this agreement shifts the process from setup to implementation. She said they will now work on developing programs for fish and wildlife habitat protection. She said the TBNRCC members would now work to develop programs that balance the needs of the property owners for full use of their property and the needs of corridor protection for salmon and steelhead that are still on the endangered species list. She said this was the work being done by the TBNRCC.

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

Minutes of the Regular Meeting of July 18, 2005

05144 Authorize the Mayor to Sign an Amendment to the Intergovernmental Agreement Establishing the Tualatin Basin Natural Resources Coordinating Committee (TBNRCC)

05145 Authorize Mayor to Sign Intergovernmental Agreement with Washington County for Traffic Signal Maintenance and Repair

05146 Boards and Commissions Appointment - Esther Griffin to Human Rights Advisory Commission

Coun. Ruby said he was glad to have Esther Griffin on the Human Rights Advisory Commission for she had worked hard helping the Commission.

Question called on the motion. Couns. Arnold, Bode, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0) Couns. Arnold and Stanton abstained from the minutes of July 18, 2005, as they were not at that meeting.

ORDINANCES:

Mayor Drake explained Coun. Stanton asked to discuss Agenda Bill 05147, TA 2005-0005 Utility Undergrounding Capital Projects, before the ordinance received first reading.

Coun. Stanton asked if councilors had any questions from the e-mail she sent regarding this item.

Coun. Ruby asked if they could discuss this issue of utility undergrounding exemptions for certain government projects. He said this was important as there was already an exemption of utility undergrounding for MSTIP projects; this action broadens that exemption to City of Beaverton, Washington County and Oregon Department of Transportation (ODOT) projects. He asked staff for clarification on the breadth of this exemption and if it was a big departure from, or an addition to, prior exemption policy.

Community Development Director Joe Grillo said this ordinance expands the previously approved exemptions for MSTIP projects; it deals with future MSTIP projects and City projects. He said agencies that had finite funds for road improvements were trying to make the funds go as far as possible. He said there were competing interests at the public level. He said it was fair to say, when development projects come in, the Code does require utility undergrounding and that can be a huge expense. He said when confronted with the expense of undergrounding, the County's position was to ask if the funds should not go for what they were originally intended; examples were to increase capacity for vehicular and bicycle traffic. He said this was a policy conflict.

Mayor Drake said in 1995 when the County considered MSTIP 3, the Washington County Coordinating Committee voted 8-3 against having the projects fund utility undergrounding where it was required by ordinance. He said the City was on the losing side of this vote. He said in 2005 he asked Commissioner Rodgers, Coordinating Committee Chair, if this could be reconsidered. He said it was discussed and the vote was 8-1 against funding the undergrounding. He said he supported the City's ordinance but did not prevail. He said the general feeling was that with constrained budgets and funding packages, there was not enough money in the region to fund the projects, so utility undergrounding would not be funded.

Coun. Arnold confirmed with other Councilors that the proposed ordinance was stating there was no requirement for utility undergrounding for MSTIP and ODOT projects, and City projects would come to Council for a decision. She asked about trade-offs in relation to maintenance of utility lines and poles.

Grillo said utilities define within their operating structure how maintenance of poles and lines will be handled. He said most utilities operate under existing franchises that state if roads are improved, the utilities have to move their poles. He said from that standpoint, maintenance of their above-ground systems is built into their rate structures. He said the City does not maintain those utility poles; all utilities handle their own maintenance.

Coun. Arnold said she was more concerned with the cost to citizens.

Grillo said those costs are built into the utility rates and rates set by the Public Utilities Commission (PUC). He said whether or not utilities should have undergrounding costs built into their rate systems was a much broader policy discussion that goes far beyond the City of Beaverton.

Coun. Arnold asked if this meant the Council's decision would have no direct impact on what citizens would pay either in their utility rates or to the City.

Grillo replied that was correct.

Coun. Arnold asked why the original decision to underground utilities was made.

Coun. Stanton said with MSTIP 2, citizens approved widening Murray Boulevard to three lanes. She said while Murray Boulevard was being constructed (before it was completed), MSTIP 3 widened Murray Boulevard to five lanes. She said the City of Beaverton instituted a 1.5% privilege tax on the electric utility and dedicated those funds to undergrounding all the utilities on Murray Boulevard. She said when that project was completed and paid off, the Mayor asked Council to rescind the privilege tax. She said she argued against rescinding the tax because she wanted funds available to continue undergrounding the utilities. She said with this ordinance, she wanted Council to have a future discussion on whether or not it wants to fund utility undergrounding. She said multiple projects have been done since Murray Boulevard (Davies, Hall and Hart) and the utilities were not undergrounded. She said she wanted Council to approve this action tonight because the road improvements were needed, but she wanted Council to discuss how a fund could be established for utility undergrounding on arterials, major collectors and neighborhood roads.

Mayor Drake said the reason he asked to have the privilege tax repealed was because when it was originally enacted, the Council said it would be repealed once the City had paid for the undergrounding.

Coun. Stanton said she felt in the long term not undergrounding the utilities does a disservice to the community. She asked if staff could come back within a year on options available to the City to fund utility undergrounding. She asked if there was Council consensus to discuss this in the next year.

Mayor Drake suggested waiting until Coun. Doyle was present so he could voice his opinion. He said he was hearing from citizens that funding was limited and the County Library levy would probably be on the ballot in 2006 along with various other levies. He said he was not sure voters would support a levy for undergrounding utilities.

Coun. Stanton said she wanted the Council to discuss whether or not this requirement should be in the Code with all these exceptions, because the exceptions are the only projects that actually apply to undergrounding. She said she would defer her request for Council consensus regarding future discussion until Coun. Doyle returns.

Coun. Ruby said he would like a presentation from staff. He said he would like information on whether or not this would end utility undergrounding in Beaverton and what would have to be done to bring it back.

Coun. Stanton said the 1.5% privilege tax on the electric utility was not voted on by citizens; it was an outright use allowed by State law. She noted property taxes were also rolled back when the City joined Tualatin Valley Fire & Rescue. She said a privilege tax does not require a vote by citizens.

Coun. Bode noted this would still be a tax increase.

Mayor Drake said he thought there was a legal allowance that a vote could be required by citizen petition.

Coun. Stanton reiterated that she wants Council to have a conversation on how they view undergrounding utilities.

Coun. Arnold said she was in the same boat as Coun. Ruby. She asked if that meant there was no undergrounding occurring in the City.

Mayor Drake said private developers were doing a significant amount of utility undergrounding; this applied to public-funded projects only. He said he thought Coun. Stanton was on the right ground; the key was how much citizens were willing to pay.

Coun. Ruby MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinances embodied in Agenda Bills 05147 and 05148, 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. Arnold, Bode, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading:

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

05147 TA2005-0005 Utility Undergrounding Capital Projects (Ordinance No. 4363)

05148 An Ordinance Amending Ordinance No. 4187, the Comprehensive Plan Transportation Element, Related to Transportation Maps CPA 2005-0002 (Ordinance No. 4364)

Second Reading:

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

05141 ZMA 2005-0003 The Village on Scholls Ferry; An Ordinance Amending Ordinance No. 2050, the Zoning Map, as to a Portion of a Specific Parcel, from Urban Medium Density (R2) to Neighborhood Service (NS) at the Southeastern Corner of SW Scholls Ferry Road and SW Barrows Road (Ordinance No. 4360)

05142 ZMA 2005-0004 Tri-Met ZMA at SW Merlo Road; An Ordinance Amending Ordinance No. 2050, the Zoning Map, as to a Specific Parcel, from Station Community - Employment (SC-E) to Station Community - Mixed Use (SC-MU) (Ordinance No.4361)

05143 An Ordinance Relating to the Building Code, Adding Beaverton Code Section 8.02.035 Permits Required (Ordinance No.4362)

Coun. Stanton MOVED, SECONDED by Coun. Ruby, that the ordinances embodied in Agenda Bills 05141, 05142 and 05143, now pass. Roll call vote. Couns. Arnold, Bode, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

OTHER BUSINESS

Mayor Drake said the Portland State University Population Research Center, College of Urban and Public Affairs, has released the latest population figures and Beaverton's official population was 81,198. He said this was an increase of a couple thousand in population.

O’Claire said this population change was only for the annexations which took place in the last four months. He said this population figure was as of June 30, 2005. He said the official population as of July 1, 2005 would not be known until November and it will include all the new construction built and occupied in the last year.

Mayor Drake confirmed with O'Claire that this year's budget projected a population of 83,500.

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 7:35 p.m.

APPROVAL:

Approved this 15th day of August, 2005.

__________________________________
Rob Drake, Mayor