BEAVERTON CITY COUNCIL
REGULAR MEETING
JUNE 6, 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, June 6, 2005 at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Dennis Doyle, Fred Ruby, and Cathy Stanton. 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, Senior Engineer Erica Rooney, Plan Review Engineer Jim Duggan and City Recorder Sue Nelson.

PRESENTATIONS:

05103 Presentation - Beaverton Arts Commission Annual Awards

Beaverton Arts Commission President Linda Aleskus and President-Elect Carol Rogat presented to Council the Commission's 2005 Annual Art Awards winners and described why these individuals were being recognized. Mayor Drake presented the awards to the winners. The award winners were:

Member of the Year: Rosie Apodaca

Volunteers of the Year: Arlene Fromer and Jeanette Jones

President's Award: Beaverton Women's Club

Visual Art in the Community Award: Tri-Met Westside MAX Light Rail Public Art Program

Performing Art in the Community Award: Westview High School Drama Department

Heart of the Arts Award: Phyllis Meyer, Artists Against Hunger

Outstanding Business Support of the Arts Award: Frame World and Rivermark Community Credit Union

Outstanding Corporate Support of the Arts Award: Beaverton Toyota

Outstanding Achievement in the Visual Arts by an Elementary School Student:

Thomas Nelson, Raleigh Hills Elementary; Annelise Peake, Bethany Elementary;

Riley McGregor, Cooper Mountain School

Outstanding Achievement in the Performing Arts by an Elementary School Student:

Rachel Li, Scholls Heights Elementary; Jon Luc Hefferman, Raleigh Park Elementary; Madison Fitzpatrick, Terra Linda Elementary

Outstanding Achievement in the Visual Arts by a Middle School Student:

Hanna Ho, Highland Park Middle School

Outstanding Achievement in the Performing Arts by a Middle School Student:

Kurt Muramatsu, Conestoga Middle School

Outstanding Achievement in the Visual Arts by a High School Student:

Clayton Standley, and Kalie Stanton, Arts and Communication Magnet Academy;

Molly Sultany, Sunset High School; Genevieve Hudspeth, Aloha High School

Outstanding Achievement in the Performing Arts by a High School Student:

Andrew Christenson, Westview High School; Clair Sharp, Sunset High School

Outstanding Art Educators: Bill Schlegel, Sunset High School; Jon Gottshall, Arts and Communication Magnet Academy

After the presentation of the awards, Kurt Muramatsu from Conestoga Middle School performed a trumpet solo entitled "My Regards" by Edward Lewellyn.

Mayor Drake thanked Ms. Aleskus and the Arts Commission for the presentation.

Couns. Doyle and Stanton complimented all the recipients and the talent in the community for they contributed to making Beaverton a great city.

VISITOR COMMENT PERIOD:

Steve Kaufman, Beaverton, said he owned a business in Beaverton, shopped in Cedar Mills and Cedar Hills, and lived in Forrest Heights. He said this illustrates the uniqueness of this community; it is bound together by interdependence, not by jurisdiction. He said borders did not separate the communities. He said he was the Chair of the Save Cedar Mill Committee that was formed when the proposal to locate a Walmart retail store in Cedar Mill became public. He said this Committee had over 1300 members from Cedar Mill, Cedar Hills, Bethany and Beaverton. He said this Committee believed that Oregon's land use laws were not designed to deal with a large retail developer like Walmart. He said the Committee did not specifically oppose Walmart or any large retail developer. He said they were concerned about any retail development that introduces severe traffic and safety issues, threatens the economic viability of the local small business community, impacts neighborhood livability and does not involve the community that will be affected by such development.

Kaufman said members of the Committee were in Salem this week testifying in support of Senator Charlie Ringo's amendment to House Bill 3310. He said the amendment Ringo introduced opens up the planning process for large-scale retail developments and ensures that local citizens have an equal voice in the decision on whether or not to allow the development. He said as this issue progresses, he hoped the City would take into account their four chief concerns with respect to retail development: traffic and safety; affect on local small business; neighborhood integrity; and broad range citizen involvement. He said the Save Cedar Mill Committee was operating with confidence that the Board of Design Review and the City Council were truly committed to taking into account what was best for the citizens of the area

Mayor Drake said if Walmart did submit an application to the City, this type of testimony would not be allowed at that time because it could be characterized as an “ex parte” contact. He said if an application was submitted, there would be opportunities for the Cedar Mill Committee to submit its comments to the appropriate board.

Coun. Stanton asked for clarification concerning what Senator Ringo introduced regarding HB 3310.

Kaufman said Ringo introduced an amendment to HB 3310, which had cleared Committee and should be introduced to the Senator Floor soon.

Henry Kane, Beaverton, said last Thursday LUBA heard the arguments on the appeal of Kane, Corby and Monson v. City of Beaverton. He said a decision was due by June 24, 2005. He said that was four days after the June 20, 2005, public hearing on the City's proposed budget. He suggested the Council delay adoption of the budget until after the June 24, 2005, LUBA decision. He said he would testify to the Washington County Board of Commissioners tomorrow in opposition to the transfer of County roads and streets to the City, on the grounds that the matter of the legality and constitutionality of the Barnes Road/Cedar Hills Boulevard annexation is under legal challenge.

COUNCIL ITEMS:

Mayor Drake said Jack Franklin attended a previous Council meeting and testified under the Visitor Comment Period (representing the Schiffler Park Watch Committee) regarding issues at Schiffler Park. He asked Operations Director Gary Brentano to report to Council on this matter.

Brentano said Franklin had reported there were several inactive electrical panels in the Park and had asked that they be removed. He said the City removed the inactive panels and capped the wiring. He said two panels, one at the picnic area and one at the handball court area, were still used for a variety of events throughout the year. He said power was needed at those locations. He said the City was replacing those panels with vandal-resistant panels and the new panels should be in place by next week.

Mayor Drake confirmed with Brentano that he had spoken with Wally Fisher on this matter.

Coun. Bode said the first Picnic in the Park would be this Thursday, June 9, 2005, in Camille Park at 6:00 p.m.

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 Meetings of May 2 and May 16, and the Special Meeting of May 26, 2005

05104 Liquor License: New Outlet - Friends Café & Pub

05105 Authorize Intergovernmental Agreement with Washington County Cooperative Library Services Regarding the Provision of Telephone Reference Service

Coun. Ruby said he would abstain from voting on the May 26, 2005, minutes as he was not at the meeting.

Coun. Bode said she would abstain from voting on the May 16, 2005, minutes as she was not at that meeting.

Coun. Stanton said she would abstain from voting on the May 2, 2005, minutes as she did not attend that meeting. She said she had a date correction to the May 16, 2005, minutes which she explained to the other Councilors. She thanked staff for answering her questions regarding the Site Development Permit Fees and the Code revision.

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

PUBLIC HEARINGS:

05106 Adopt Resolution and Authorize Implementation of Site Development Permit Fee Increases (Resolution No. 3817)

Community Development Director Joe Grillo said staff would answer Council questions.

Coun. Stanton said the staff report said a typical site development permits lasts two to three years, therefore, fees collected in one fiscal year must cover expenses extending into the future; some large projects run three to five years. She asked what projects took five years to develop.

Senior Engineer Erica Rooney and Plan Review Engineer Jim Duggan Plan introduced themselves. Rooney said the projects that took five years or more were The Round, Progress Quarry, and Sexton Crest/Sexton Mountain area which included the Haggen's development. She said a future project which could take five years was the Teuffel site which would start soon.

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

There was no testimony.

Mayor Drake closed the public hearing.

Coun. Stanton MOVED, SECONDED by Coun. Ruby that Council approves Agenda Bill 05106, Adopt Resolution and Authorize Implementation of Site Development Permit Fee Increases (Resolution No. 3817).

Coun. Stanton said she liked the new set-up, especially the sliding scale under Site Development, Right of Way, and Facilities Permit Fee. She said that, and the Erosion Control Fee Schedule meets the needs of the citizens for projects that range from minor remodeling to large site development. She said she appreciated staff's diligent work on these issues.

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

ORDINANCES:

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinances embodied in Agenda Bills 05107, 05108 and 05109, 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, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

First Reading:

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

05107 An Ordinance Adopting TA 2005-0003 to Amend Development Code Chapters 20 and 90 (Self Storage Text Amendment) (Ordinance No.4354)

05108 An Ordinance Annexing One Parcel Located at 7185 SW Oleson Road to the City of Beaverton: Annexation 2005-0004 (Ordinance No. 4355)

05109 An Ordinance Amending Chapter One of the Beaverton City Code by Adding a New Section Relating to the Service of Legal and Administrative Process (Ordinance No. 4356)

ADJOURNMENT:

There being no further business to come before the Council at this time, the meeting was adjourned at 7:25 p.m.

APPROVAL:

Approved this 13th day of June, 2005.

__________________________________
Rob Drake, Mayor