BEAVERTON CITY COUNCIL
REGULAR MEETING
JANUARY 3, 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, January 3, 2005, at 6:40 p.m.

ROLL CALL:

Mayor Rob Drake, Chief of Staff Linda Adlard and City Councilor Catherine Arnold (Council Position No. 4) were sworn in by City Recorder Sue Nelson

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Dennis Doyle and Fred Ruby. Coun. Cathy Stanton 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, Library Director Ed House, Human Resource Services Manager Nancy Bates, Police Chief David Bishop, Development Services Manager Steven Sparks, Associate Planner Tyler Ryerson and City Recorder Sue Nelson.

Coun. Doyle MOVED, SECONDED by Coun. Ruby to nominate Coun. Betty Bode for Council President. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

VISITOR COMMENT PERIOD:

There were none.

COUNCIL ITEMS:

There were none.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of the Regular Meeting of December 20, 2004

05001 Liquor Licenses – Change of Ownership Papa’s Pizza Parlor #8

05002 Boards and Commissions Appointments (Cherise Arthur to Beaverton Arts Commission)

05003 Traffic Commission Issue TC 568

05004 Authorize the Mayor to Sign an Intergovernmental Agreement with Washington County Oregon, to Participate in the Department of Homeland Security’s Urban Area Security Initiative Grant Awarded to the City of Portland and Establish the Necessary Appropriations Through a Specific Purpose Grant Budget Adjustment Resolution (Resolution No. 3799)

Coun. Arnold said she would abstain from voting on the December 20, 2004 Minutes as she was not on the Council at that time.

Question called on the motion. Couns. Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (3:0) Coun. Arnold abstained from voting on the December 20, 2004 City Council Minutes.

PUBLIC HEARINGS:

05005 SV 2004-0001 NW 170 th Avenue Right-of-Way Vacation (Lindquist 28-Lot PUD)

Mayor Drake opened the public hearing concerning Street Vacation 2004-0001.

Community Development Director Joe Grillo read a prepared statement defining the process that needed to be followed for this hearing, including the various required disclosure statements (in the record).

Grillo asked if any Councilor had a potential or actual conflict of interest.

There were none.

Grillo asked if any Councilor had an ex parte contact to declare.

Coun. Arnold stated she had visited the site.

Grillo asked if any member of the audience wished to challenge the right of the Council to consider this matter or challenge the right of any Councilor to participate in this hearing, or wish to request a continuance of the hearing to a later date.

There were no challenges and no one requested a continuance.

Grillo then read the rules for the hearing (in the record).

Grillo said Development Services Manager Steven Sparks and Associate Planner Tyler Ryerson would present the staff report.

Sparks explained this vacation involved a portion of unimproved 170 th Avenue, commonly referred to as a “paper street.” He said the Planning Commission approved the development of a 28-lot PUD (single-family development) on this property which was crossed by the paper street 170 th Avenue. He said the approval was conditioned upon vacation of this right-of-way prior to receiving a final plat from the City. He said the property owner surrounding both sides of 170 th Avenue was the owner/developer of the Lindquist PUD and was the applicant requesting the vacation. He said this section of 170 th Avenue was no longer needed because of the proposal to realign 170 th Avenue with 173 rd Avenue, at the intersection of 173 rd Avenue and Walker Road. He said to extend 170 th Avenue up to Walker Road, as envisioned by the right-of-way, posed several engineering problems, including the crossing of the creek. He noted the approval criteria for the street vacation was on page 30 of the staff report.

Sparks said a letter was received from Henry Kane today asking that the record for this hearing be kept open for seven days. He said staff recommended that the record be held open for written testimony only until January 10, 2005. He said staff was prepared to respond to the issues raised by Mr. Kane if Council desired.

Mayor Drake asked staff to explain who owned the street initially and to review the street vacation process.

Sparks said staff believed when the Washington County and the City’s grid system was originally laid out, 170 th Avenue was placed in that location. He said at that time the right-of-way was dedicated to the City with the unders tanding that the road would be built as development occurred. He explained in this case the ownership of the parcels changed and the current property owner now owned the land on both sides of the right-of-way. He said if this right-of-way was vacated the land would revert to this one property owner, for with street vacations, the land goes to the adjoining property owners.

Mayor Drake asked if the Washington County acquired the land through a purchase or if it was dedicated.

Sparks replied he did not know how the County acquired the land.

Mayor Drake said there was a net gain for the City with a requirement of a north/south access to Walker Road, but it would be for pedestrian and bicycle linkages.

Sparks agreed and said the vacation of 170 th Avenue was approximately 16,000 square feet and dedication from this approval was approximately 23,000 square feet. He said this was a net gain in public right-of-way.

Mayor Drake explained that through a long process with the Washington County, 170 th Avenue angled through to 173 rd Avenue, so the intent for a north/south passageway was still there.

Sparks said the ability of 170 th Avenue to function as a north/south arterial or collector was eliminated when the development north of Walker Road was approved and platted without accommodation for 170 th Avenue to go all the way through. He said it was possible 170 th Avenue was vacated north of Walker Road at that time.

Coun. Doyle said to him this was a land swap and it was a sensible thing to do.

Sparks said with the realignment of 170 th Avenue over to 173 rd Avenue, through the County’s project, it was an improved connectivity plan.

Coun. Doyle said overall this allowed for better development.

Coun. Arnold said in the County’s report, it sounded as though 170 th Avenue would be too close to 173 rd Avenue, which was not the type of access desired. She asked if that was correct.

Sparks said there were spacing standards between intersections and bringing 170 th Avenue that close to Walker Road would create several flow problems.

Mayor Drake thanked them for the report.

Mayor Drake explained staff indicated the applicant was not present at the meeting and had not wished to present his case.

Mayor Drake asked if there was anyone present from the Five Oaks/Triple Creek Neighborhood Association (NAC) who wished to testify on behalf of the NAC.

There was no one present from the NAC.

Mayor Drake asked if anyone wished to testify in favor of the street vacation.

There was none.

Mayor Drake asked if anyone wished to testify in opposition to the street vacation.

Henry Kane, Beaverton, said the Council received his written testimony which he would supplement by January 10, 2005. He said in his opinion this was contrary to the public interest and that right-of-way would be needed in the future. He said the applicant had the burden of proof. He urged Council to insist on proof that everyone who signed their consent owned the real property within the consent area. He said the staff report should be supplemented with information delineating where the wetlands were located and what mitigation would be done. He said houses would be placed in the wetlands. He said this was valuable public property. He added there was no information in the file on when the bypass would be built.

Mayor Drake explained there was no rebuttal as the applicant was not present to rebut any statements. He asked if staff had any further comment.

Sparks responded to Kane’s comments. He said regarding the wetland mitigation, in the review of the Lindquist PUD there was a wetland on the southern edge of the property and staff was very clear about what could or could not be developed in a wetland. He said no dwellings were approved within the wetlands or within the buffers to the wetlands. He said a portion of the 170 th extension would go over the wetlands and it would be mitigated as part of the development review process. He said staff discussed the timing of that project with Washington County and they expected to have an application this year for development review.

Sparks said in regards to the conflicting numbers Mr. Kane raised, the street vacation request for the right-of-way was 16,817 square feet. He said Kane’s numbers of 133,443 were from the applicant and reflected the total amount of right-of-way in that area. He said these two numbers did not relate to each other at all and Mr. Kane was comparing apples to oranges. He added staff would prepare a written summary of these comments to Council to be entered into the record on January 10, 2005.

Mayor Drake closed the public hearing.

Coun. Bode MOVED, SECONDED by Coun. Doyle that Council approve Agenda Bill 05005, SV 2004-0001 NW 170 th Avenue Right-of-Way Vacation (Lindquist 28-Lot PUD), which included the staff report and exhibits, and that the record be held open for seven days for written testimony, until 5:00 p.m., January 10, 2005.

Coun. Doyle said he would support the motion as the criteria and facts within the staff report were more than adequate to substantiate the vacation. He said this made sense.

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

ORDINANCES:

Suspend Rules:

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinance embodied in Agenda Bill 05006, 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, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading:

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

05006 An Ordinance Vacating a Portion of Unimproved Right-of-Way of NW 170 th Avenue; SV2004-0001 (Ordinance No. 4336)

EXECUTIVE SESSION:

Coun. Doyle MOVED, SECONDED by Coun. Bode, 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. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0) Coun. Arnold abstained from the discussion.

The executive session convened at 7:15 p.m.

The executive session adjourned at 7:45 p.m.

The regular meeting reconvened at 7:45 p.m.

04246 An Ordinance Annexing Several Parcels Located in the Vicinity of Barnes Road and Cedar Hills Blvd. to the City of Beaverton: Annexation 2004-0013

Coun. Ruby MOVED, SECONDED by Coun. Doyle, that pursuant to Section 2.11.020I of the Council Rules of Conduct, that Council reconsiders its action of December 20, 2004, with regard to the Ordinance Annexing Several Parcels Located in the General Vicinity of Barnes Road and Cedar Hills Boulevard to the City of Beaverton (Annexation 2004-0013, Ordinance No. 4334). Couns. Bode, Doyle and Ruby voting AYE, Coun. Arnold abstaining, the MOTION CARRIED. (3:0:1)

Coun. Ruby MOVED, SECONDED by Coun. Doyle, that Council amend Ordinance No. 4334, to incorporate the terms to be read at the amended second reading by the City Attorney as noted below.

Amended Ordinance 4334 Second Reading:

Rappleyea read the title of and the changes to Ordinance No. 4334 which incorporated the terms of the draft settlement agreement as follows: Changes in the Ordinance were on Exhibit B, the Legal Description of Parcels to be Annexed; Exhibit B was amended to remove from those parcels Tax Lots 1S102CB400, 1S102CB500, 1S102CB600 and 1S103AB00100. He said the legal description would be revised to remove those parcels in the meets and bounds description.

Question called on the motion. Roll call vote. Couns. Bode, Doyle and Ruby voting AYE, Coun. Arnold abstaining, the MOTION CARRIED. (3:0:1)

Rappleyea said a motion would be required for the settlement agreement that would resolve litigation over the previous ordinance.

Coun. Ruby MOVED, SECONDED by Coun. Bode, that Council accepts the settlement agreement that it reviewed to resolve litigation. Couns. Bode, Doyle and Ruby voting AYE, Coun. Arnold abstaining, the MOTION CARRIED. (3:0:1)

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 7:55 p.m.

APPROVAL:

Approved this 10th day of January, 2005.

__________________________________
Rob Drake, Mayor