BEAVERTON CITY COUNCIL
REGULAR MEETING
JUNE 20, 2005

POLICE DEPARTMENT HOLDING FACILITY INSPECTION:

At 6:14 p.m. Police Captain Ed Kirsch conducted the Annual Inspection of the Police Department Holding Facility. Present at the inspection were: Mayor Rob Drake, City Councilors Catherine Arnold, Dennis Doyle, Fred Ruby, and Deputy City Recorder Cathy Jansen.

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, June 20, 2005 at 6:34 p.m.

ROLL CALL:

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 Resources Director Nancy Bates, Police Chief David Bishop and Deputy City Recorder Catherine Jansen.

PRESENTATIONS:

05115 Metro Goal 5 Update

This item was rescheduled to the meeting of July 11, 2005, at the request of Metro Councilor Susan McLain.

VISITOR COMMENT PERIOD:

There were none.

COUNCIL ITEMS:

Mayor Drake said the Oregon State Federation of Garden Clubs was doing gratis work for the Vose Elementary School as part of the Outdoor Learning Classroom Project. He said the Federation was making improvements to the courtyard area of the school and had submitted a letter dated May 31, 2005, asking that the City waive its $100 tree removal fee.

Coun. Doyle MOVED, SECONDED by Coun. Bode that the Council grants the fee waiver request from the Oregon State Federation of Garden Clubs, as explained in its May 31, 2005, letter to the City. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of the Regular Meeting of June 13, 2005

05116 Liquor License: New Outlet - Hanami Sushi

05117 Compensation Changes

05118 A Resolution Approving Transfer of Appropriation Within the General Fund of the City During the FY 2004-2005 Budget Year and Approving the Appropriations for the Fund (Resolution No. 3819) (Municipal Court Program)

05119 Authorize Acceptance of FY05 Law Enforcement Terrorism Prevention Program Grant Awarded to the City of Beaverton (Resolution No. 3820)

05120 Traffic Commission Issue No. TC 577

05121 A Resolution Authorizing the Mayor to Sign an Intergovernmental Agreement (IGA) with the Oregon Department of Transportation for Beaverton Green Clearouts Project (Resolution No. 3821)

05122 A Resolution Authorizing the Mayor to Sign an Interagency Agreement with the Oregon Department of Transportation (ODOT) to Receive Grant Funds to Enforce Traffic Laws Related to the 2005-06 Work Zone Enforcement Project (Resolution No. 3822)

05123 A Resolution of the City of Beaverton, Oregon Authorizing the Issuance, Negotiated Sale, Execution and Delivery of an Aggregate Principal Amount Not to Exceed $15,000,000 General Obligation Refunding Bonds, Series 2005, to Advance Refund the Callable Portion of the City's $21,895,000 General Obligation Bonds, Series 1999 (Resolution No. 3823) (Library Construction Bonds)

05124 Intergovernmental Agreement with Washington County for the Processing of Permits for Pacific Office Automation

05125 Omnibus Intergovernmental Agreement with Washington County for Processing of Permits

Contract Review Board:

05126 Appointment of Bond Counsel, Financial Advisor, and Bond Underwriting Services for a Proposed Advanced Refunding of the 1999 General Obligation (Library Construction) Bonds

05127 2005 Intergovernmental Agreement Between Washington County and City of Beaverton for HOME Funds Used in Housing Rehabilitation Program

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

PUBLIC HEARINGS:

05128 Capital Improvements Plan for Fiscal Years 2005/06 through 2008/09 for Transportation, Water, Sewer, and Storm Drain Projects

Engineering Director Tom Ramisch and Project Engineer Jim Brink reviewed the Capital Improvements Plan.

Mayor Drake said Coun. Stanton had been vigilant over the years about prioritizing the 125th Avenue Extension Project. He said the total cost of the project was estimated at between ten and eleven million dollars. He said while the project had not proceeded as quickly as Coun. Stanton had hoped the City had completed portions of the project when possible in conjunction with other projects. He asked on behalf of Coun. Stanton, that staff explain the work proposed on this project in the upcoming budget.

Ramisch said this coming year the City would work on two phases of the 125th Avenue project, which were on pages 28 and 29 of the Capital Improvements Plan. He said Phase 2 consisted of completing the right-of-way purchase for construction of the storm water quantity and water quality work at the north end of the project on 125th Avenue and Hall Boulevard. He said this work could be done now, to be in place when the road construction begins. He said the first part of Phase 3 would be to hire an engineering firm to review the City's conceptual design to validate what has been done, to look for opportunities to do value engineering, and to confirm the actual cost of the project. He said they wanted to have another engineering firm look at the project to see if there may be ways to economize on the project. He said this part of Phase 3 was moving the project from the conceptual phase to an early preliminary phase. He said by this time next year they hoped to be able to quote the actual cost of the project.

Coun. Bode asked if there was an estimate of how many vehicles would be traveling on 125th Avenue once the project was completed.

Traffic Engineer Randy Wooley said it would probably be between ten and twenty thousand per day.

Coun. Bode asked if there would be signals at Green Lane and Hall Boulevard.

Ramisch said the signals would be at Hall Boulevard and 125th Avenue; not at Green Lane.

Coun. Doyle asked if the engineering firm made recommendations for major changes to the conceptual plan, would the plan go back through the public process so that those who lived in the affected neighborhoods could comment.

Ramisch said if there were changes to the plan, it would go back through the public process to present it to the citizens and receive feedback.

Coun. Ruby said he was happy to see the straightening of Lombard Avenue was one of the projects in the Capital Improvements Plan. He said this would make it easier to access the Beaverton Transit Center/MAX Station. He said it appeared the funding to straighten Lombard Avenue was tied to the funding for the commuter rail project which had not been finalized at the Federal level. He asked if the Lombard Avenue project would have to wait until the commuter rail funding was finalized.

Ramisch said the funding for the Lombard Avenue project was independent of the commuter rail project; it was funded through the Major Streets Transportation Improvement Program (MSTIP) 3, through Washington County. He said because this project was integral with the start of the commuter rail at Farmington Road and Lombard Avenue, and the terminus of the Lombard Avenue improvements at Broadway, logic dictated that this project be built in the same construction project as the commuter rail. He said the design would be coordinated by Washington County. He said if the commuter rail project was delayed for a long period of time at the Federal level, the City would pull the Lombard Avenue project from the commuter rail construction and make it an independent project. He said a milestone would have to be set to determine the triggering point for that action.

Coun. Ruby said he felt the Beaverton Transit Center was hard to use because there wasn’t any long-term parking available and it was hard to access when traveling south. He said this was a good project that would improve access to the MAX station. He said it would be great to be able to move ahead with the project in the event the commuter rail project was delayed.

Mayor Drake said as soon as the new Wells Fargo Bank was completed, the old bank would be torn down.

Ramisch confirmed that was correct; the bank property was purchased with MSTIP funds and not commuter rail project funds.

Coun. Doyle asked if there was a delay with the commuter rail project, when would a decision would be made to proceed with the Lombard Avenue project.

Ramisch said that date had not been set. He said they received regular updates from TriMet and its executive staff in Washington D.C. was working to straighten out the funding cycle. He said there was still optimism on the funding for the lightrail.

Mayor Drake complimented staff stating the Capital Improvements Plan was a very nice document.

Mayor Drake opened the public hearing and asked for public testimony.

There was none.

Mayor Drake closed the public hearing.

Coun. Doyle MOVED, SECONDED by Coun. Ruby that the Council approves Agenda Bill 05128, the Capital Improvements Plan for Fiscal years 2005/06 through 2008/09 for Transportation, Water, Sewer and Storm Drain Project. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

05129 A Resolution Adopting a Budget for Fiscal Year Commencing July 1, 2005 (Resolution No. 3824)

Finance Director Patrick O’Claire said the proposed budget was reviewed by the Budget Committee on May 23, 24 and 26, 2005. He said the Committee reviewed and approved four amendments to the budget which were incorporated into the budget now before Council. He said staff also presented a proposed fifth amendment at the Budget Committee meeting; however, the financial impact of the amendment was not known at that time. He said the Fifth Amendment provided funding to operate the Beaverton Central Plant for one year. He said he previously distributed a memo to Council regarding the appropriations for the proposed fifth amendment. He said the appropriations for operating the Plant for Fiscal Year 2005-06 are recommended to be included in the General Fund as Program 006. He asked that Council consider incorporating the Fifth Amendment into the final budget for Fiscal Year 2005-06.

Mayor Drake asked, on behalf of Coun. Stanton, if the additional $80,000 funding for Library books was coming from the General Fund Contingency.

O’Claire replied that was correct.

Mayor Drake opened the public hearing and asked for public testimony.

There was no testimony.

Mayor Drake closed the public hearing.

Coun. Ruby MOVED, SECONDED by Coun. Bode, that Council approves the Resolution Adopting a Budget for Fiscal Year Commencing July 1, 2005, including the five amendments, and making and declaring the ad valorem tax levy as outlined in the resolution.

Mayor Drake thanked O'Claire for his staff's fine work on the budget, and the Budget Committee for its thorough review of the budget.

Question called on the motion. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0) (Resolution No. 3824)

ORDINANCES

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinance embodied in Agenda Bill 05130, 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:

05130 An Ordinance Annexing One Parcel Located at 11845 SW Walker Road to the City of Beaverton: Annexation 2005-0006 (Ordinance No. 4358)

Second Reading:

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

05114 An Ordinance Annexing One Parcel Located at 14615 SW Walker Road to the City of Beaverton: Annexation 2005-0005 (Ordinance No. 4357)

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the ordinance embodied in Agenda Bill 05114, now pass.

Mayor Drake said this was a voluntary annexation requested by the property owner.

Question called on the motion. Roll call vote. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0) (Ordinance No. 4357)

EXECUTIVE SESSION:

Coun. Ruby MOVED, SECONDED by Coun. Doyle , that Council move into executive session in accordance with ORS 192.660(2)(h) to discuss the legal rights and duties of the governing body with regard to litigation or litigation likely to be filed and in accordance with ORS 192.660(2)(e) to deliberate with persons designated by the governing body to negotiate real property transactions. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

RECESS:

Mayor Drake declared a brief recess to allow for setup for the executive session at 7:02 p.m.

RECONVENE:

Mayor Drake reconvened the meeting at 7:03 p.m.

The executive session convened at 7:03 p.m.

The executive session adjourned at 7:19 p.m.

The regular meeting reconvened at 7:19 p.m.

ACTION ITEM:

Coun. Doyle MOVED, SECONDED by Coun. Ruby that Council directs staff to proceed with the real estate purchase and transaction as discussed in executive session. Couns. Arnold, Bode, Doyle and Ruby 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 7:20 p.m.

APPROVAL:

Approved this 11th day of July, 2005.

__________________________________
Rob Drake, Mayor