BEAVERTON CITY COUNCIL
REGULAR MEETING
MARCH 28, 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, March 28, 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 and City Recorder Sue Nelson.

PROCLAMATIONS:

Mayor Drake proclaimed March 27 - April 2, 2005 as Community Development Week

PRESENTATIONS:

05052 Presentation of Life Saving Commendation Plaque to Beaverton Police Department Sergeant and Officers

Mayor Drake introduced Tualatin Valley Fire & Rescue (TVF&R) Assistant Chief Kirk Hale.

Hale said TVF&R was acknowledging three Beaverton Police Officers for their quick response in an emergency situation. He explained how Sergeant Darren Fletchall and Officers Mandi Nicholson and Jeremy Shaw saved the life of an 83-year-old female administering CPR when they found her unconscious in her home. He said their training and quick action saved her life.

Mayor Drake, Police Chief Bishop, and Hale presented plaques of commendation to Sergeant Fletchall and Officers Nicholson and Shaw.

05051 Presentation of Shields and Swearing In of Three Officers to the Beaverton Police Department

Mayor Drake welcomed the new Police Officers to the City of Beaverton.

Police Chief Bishop swore in the new officers Robert Wolfe, Kevin Killian and Caroline Bunte.

Mayor Drake presented the shields to the officers.

VISITOR COMMENT PERIOD:

Henry Kane, Beaverton, said he praised the Community Development Department and the principal planner on the Wal-Mart application. He said he reviewed the pre-application documents that listed the requirements for development, which would be required by the Board of Design Review or the Planning Commission. He said he looked forward to the County and ODOT advising the applicant they could not encroach on County and State roads for private purposes. He said he would submit additional development requirements to the Planning staff. He said on Friday he filed six separate notices of intent to appeal the various annexations from February 28, 2005.

Mayor Drake thanked Kane for his comments. He said he was informed that Wal Mart was close to submitting an application for the design review process. He said once that happened, it would be an ex parte contact if Kane used the Visitors Comment Period, prior to the public hearing, to address this issue before the Council.

COUN. RUBY ARRIVED AT 6:45 P.M.

COUNCIL ITEMS:

Coun. Stanton asked if any Councilors would be attending the “Get Centered” event in Gresham on Thursday, March 31, 2005.

Coun. Arnold said she would be going.

Coun. Stanton said on Thursday, April 7, 2005, at the Library, Nancy Ponzi, Ponzi Vineyards, would be discussing the wine industry’s influence on Beaverton’s history and how it’s helping to shape the future.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of Joint Meeting of March 1 and Regular Meeting of March 7, 2005

05053 Liquor License Application: Greater Privilege - Kingstad Center; Change of Ownership - Walker Road Chevron; New Outlet - Santa Fe Mexican Restaurant

05054 Adopt Resolution Amending the Building Division Administrative Rules (Resolution No. 3811)

05055 Authorize Mayor to Sign IGA with Washington County for Mosquito Abatement

Contract Review Board:

05056 Award of Bid for Erickson Storm Drain and Sanitary Sewer Improvement, CIP (Capital Improvement Project) Project No. 8001D and Lombard Storm Drain Improvements

05057 Bid Award - Cedar Hills Boulevard Phase 3 Overlay Project

Couns. Bode, Ruby and Stanton said they were not at the Joint Meeting March 1, 2005; they would abstain from voting on those minutes.

Coun. Doyle said he had a word change on the Minutes for March 7, 2005 which he gave to the City Recorder.

Question called on the motion. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0) Couns. Bode, Ruby and Stanton abstained from voting on the Council Minutes of March 1, 2005.

ORDINANCES:

First Reading:

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinances embodied in Agenda Bills 05059 and 05060, 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)

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

05059 An Ordinance Relating to the Fire Code, Repealing Beaverton Code Sections 8.01.010, 8.01.033, 8.01.038, 8.01.043, and 8.01.900. (Ordinance No. 4345)

05060 An Ordinance Amending Beaverton Code Section 6.02.215 to Allow Use of Muffled Exhaust Braking on Emergency Vehicles (Ordinance No. 4346)

Second Reading:

Rappleyea said as part of the second reading, Ordinance No. 4342 (Agenda Bill 05049) was being amended to include a legal description for Parcel 14, whose address was 16340 SW Nora Road. He said the legal description was inadvertently left out of the ordinance at first reading. He said Parcel 14 was included in the authorization Resolution No. 3802, in all the public notices, in the staff report and in all the exhibits to the staff report, except the legal description. He asked that Council adopt a motion to include this legal description in the ordinance.

Coun. Doyle MOVED, SECONDED by Coun. Ruby that Council amend the ordinance embodied in Agenda Bill 05049 to add the legal description of Parcel 14 as described by the City Attorney. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

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

05049 An Ordinance Annexing Several Parcels Located Generally in the Southern Portion of Beaverton to the City of Beaverton: ANX 2005-0001 (Ordinance No. 4342)

Rappleyea read the entire legal description to Parcel 14 which was added to Ordinance No. 4342. He asked that the Supplemental Staff Report be included in the ordinance as part of the findings for this annexation.

05050 TA 2004-0010 Utility Undergrounding Section 60.65 Amendment (Ordinance No. 4343)

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that the ordinances embodied in Agenda Bills 05049 and 05050, now pass, including the amendment to Ordinance No. 4342 (Agenda Bill 05049) and adding the Supplemental Staff Report (dated March 22, 2005) to Ordinance No. 4342 (Agenda Bill 05049). Roll call vote. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

First and Second Reading and Adoption:

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinances embodied in Agenda Bills 05058 and 05061, be read in full for the first time at this meeting, and for the second time by title only at this same meeting of the Council. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

Rappleyea read the following ordinance for the first time in full and for the second time by title only at this same meeting.

05058 An Ordinance Relating to the Building Code, Amending Beaverton Code Sections 8.02.015(E), 8.02.030, 8.02.040, 8.05.020; Repealing a Portion of Beaverton Code Sections 8.02.015(A) and (B); Repealing Beaverton Code Sections 8.02.025 and 8.02.110; and Declaring an Emergency (Ordinance No. 4344)

05061 An Ordinance Amending Ordinance 4339 (ANX 2004-0017) to Correct an Error in the Legal Description, and Declaring an Emergency (Ordinance No. 4347)

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the ordinances embodied in Agenda Bills 05058 and 05061, now pass. Roll call vote. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

OTHER BUSINESS

Request for Waiver of Appeal Fee: Garden Grove PUD

Mayor Drake said he distributed to the Council a memorandum regarding a request from Susan Greer for a fee waiver concerning an appeal of the Planning Commission's approval of the Garden Grove PUD. He asked that Council deny the request for the fee waiver appeal.

Coun. Stanton said she was an advocate for allowing the Neighborhood Association Committees one free appeal per year, because she felt they were in a unique position as a quasi-arm of the City and neighborhoods. She said she believed if someone chose to appeal the action of any public body to the next level, the fees would be needed to cover the internal costs of the appeal.

Coun. Stanton MOVED, SECONDED by Coun. Bode, that Council deny the request for an appeal fee waiver in the amount of $638.00 as presented on March 18, 2005, by Susan Greer. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

Coun. Doyle referred to the proclamation for Community Development Week announced earlier in the meeting. He stressed the importance of the Community Development Block Grant (CDBG) Program, which provides funding for many cities throughout the country for the construction of needed infrastructure and facilities. He said the proposed Federal Budget would remove funding for the CDBG Program. He said thanks to the efforts of the National League of Cities, both senators from Oregon and all five representatives signed a letter insisting the CDBG Program not be diminished. He said at this time, this Program has been restored which was a significant victory as the funding from this Program was significant. He thanked everyone who assisted in restoring this program.

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 7:15 p.m.

APPROVAL:

Approved this 4th day of April, 2005.

__________________________________
Rob Drake, Mayor