MAY 16, 2005


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, May 16, 2005, at 6:36 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Dennis Doyle, Fred Ruby, and Cathy Stanton. Coun. Betty Bode 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.


National Police Week and Peace Officers' Memorial Day

Mayor Drake said Peace Officers' Memorial Day was May 15, 2005, and National Police Week was May 15-21, 2005.

Mayor Drake recognized Police Chief Dave Bishop who recently received the Max Patterson Award from the Oregon Association of Chiefs of Police for his work with youth. He said Bishop provided excellent leadership and the framework for many outs tanding and innovative police programs. He said he wanted to link this with National Police Week, as he knew Bishop would be the first to acknowledge that his success was because of all the men and women who worked in the Police Department. He said he wished to acknowledge Bishop for his leadership. He said Bishop began the Peer Court in 1995; it has been a successful program, modeled by dozens of other cities. He said Bishop grew up in S.E. Portland and attended a Police Athletic League (PAL) Club as a youth. He said Bishop was successful in establishing a PAL Club in Beaverton which provided great community outreach. He said a Student Academy was started in 2001; police officers go to the schools and teach students about the Police Department which builds links with the community's youth. Mayor Drake showed the audience the plaque that was awarded to Chief Bishop by the Police Chief's Association.

Bishop accepted the award and thanked the Mayor. He said while his name was on the award, it should list all the members of the Beaverton Police Department. He said he was accepting the award in honor of all the members of the agency.

Mayor Drake acknowledged the police officers present and read the proclamation for National Police Week and Police Officers' Memorial Day in its entirety. He said he had known Bishop since they were both undergraduate students in 1969 and over the years Bishop always said that his job was to ensure his men and women go home to their families every night. He thanked the City's police officers for their work and dedication. He presented the framed proclamation to Chief Bishop.

National Public Works Week

Mayor Drake said he was very proud of the work done in the City. He said the City's Operations Department (Public Works) also provides service to the citizens 24 hours a day/seven days a week to handle service calls for water, streets and sewer. He read the proclamation for National Public Works Week, May 15-21, 2005, in its entirety and thanked all public works employees for the contributions they make every day to the health, safety and comfort of all citizens. He presented the framed proclamation to Operations/Maintenance Director Gary Brentano.

Mayor Drake also proclaimed May, 2005, National Bike Month. He said over the years the City has developed an outstanding bike system.


05093 Beaverton Human Rights Advisory Commission Human Rights Essay Contest Award Presentation

Human Rights Advisory Commission Chair Jim Maguire said the Human Rights Advisory Commission sponsored a human rights essay contest. He said the contest provided the opportunity for the students to express themselves in a variety of media, including writing, painting, film, etc. He said they received many excellent entries and it was hard to select the winners and runners up. He presented certificates and prizes to the winners. The prizes were gift certificates to Powell's Books: $25.00 certificates for the runners up and $50 certificate the winners.

Elementary School : The winner was Emily Cowell, Grade 5, for her painting "We Can All Be Loved." Runners up were Matthew Twete, Grade 5, for his poem "Emancipation" and Toya Sirimongkarakorn, Grade 3 for her essay "What Toya Thinks About Civil Rights".

Middle School: The winner was Eleah Neubouer, Grade 8, for her essay "You, but Not YOU." Runners up were: Lauren Deots, Grade 7, for her essay "The Rights We Are Given" and Elizabeth Fennelly, Grade 6, for her essay "Human Rights for Gays and Lesbians."

High School: The winner was Monica Mohan, Grade 9, for her artwork "A Hand In Nature."

Maguire thanked all the students who participated and said the Commission would run the contest again next year. He said all the entries were displayed in the room next to the Council Chambers and he invited everyone to view the exhibit.

Mayor Drake thanked Maguire and the Commissioners for this work.

Mayor Drake said the Consent Agenda would be heard at this time at the request of Coun. Doyle.


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

05094 Liquor License Application: New Outlet – Beaverton Tobacco Warehouse, Express Mart, Haggen Food & Pharmacy # 31

05095 Resolution Supporting City of Beaverton 2005-2007 Transportation and Growth Management Grant Application (Resolution No. 3815)

05096 HOME Consortium Cooperation Agreement between Washington County, the City of Hillsboro and the City of Beaverton for FY 2006-2008 and Selection of HOME Option for 2006-2008

05097 Boards and Commissions Appointment: Wendy Kroger to Planning Commission

Contract Review Board:

05098 Contract Renewal Between Unlimited Choices, Inc. and the City of Beaverton for the Adapt-A-Home Program

05099 Contract Renewal for Intergovernmental Agreement Between the Portland Development Commission (PDC) and the City of Beaverton for the Management of the Citywide Housing Rehabilitation Program

Coun. Stanton said she was pleased the City was again participating in the HOME Consortium agreement with Hillsboro and Washington County, and in the intergovernmental agreement with the Portland Development Commission for the Citywide Housing Rehabilitation Program. She said much was accomplished using the Federal funds from these projects.

Coun. Doyle added the City also participated in the Adapt-A-Home Program which was an excellent program.

Coun. Ruby thanked Planning Commissioner Gary Bliss, retiring member of the Planning Commission, for his work on the Commission. He said Bliss made strong contributions to the Commission.

Mayor Drake said Bliss contributed well to the Planning Commission as he had been the Vice-Chair of his Neighborhood Association Committee and he was a strong advocate for the development community. He said Bliss saw issues from a unique perspective and he would be missed.

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


Gary Rowell, District Administrator for Oregon Little League, Portland and Craig J. (Jeff) Lipps, President Beaverton Area Little League, Beaverton, addressed the Council concerning the Senior Little League Baseball Tournament that would be held in Beaverton this year. Rowell distributed an informational letter about Little League (in the record). He said Little League was the only Federal-chartered youth program in the country and it was continuing to grow. He said there were six Little League charters in the Beaverton/Aloha area, and several charters in other cities. He said they were currently concentrating on bringing older youth into Little League. He said they started their effort by bidding for and winning the Junior Little League Western Region which will be hosted in Forest Grove. He said the Junior League was for 13 and 14 year old boys. He said because of the success they had with the Junior program, they have been asked to coordinate and run the Senior Little League Western Region, which is for 15 and 16 year old boys. He said the Beaverton Area Little League agreed to host the Senior League.

Rowell said these tournaments take a lot of time to organize and financing was needed. He said they were looking for a way to communicate with corporate Beaverton and to promote this as a City of Beaverton event. He said visitors from each state would be coming to this tournament and they will bring a great deal of financial resources into the community. He asked if the City could promote a Little League Week for the week of August 1 -10, 2005, to let the out-of-state-citizens coming to the tournament know that the City would support this event. He said he appreciated the time and consideration the Councilors make in terms of bringing Little League tournament baseball to the community.

Mayor Drake invited Rowell to come back to Council closer to the tournament and make an additional request. He said he felt the community supported baseball and suggested he give this information to the press.

Rowell said he would accept the offer to return.

Jack Franklin, Beaverton, Schiffler Park Watch Committee, said he was speaking for Committee Chair Dorothy Fisher who was unable to attend due to illness. He said last summer the Committee asked the Tualatin Hills Parks District to remove the non-functional electrical panel boards that were placed in the park several years ago by the City for Good Neighbor Days. He said there were four in the grassy areas of the park, one by the handball wall and one by the pavilion. He said he thought the one by the pavilion was used for the security light. He said the Park District said this was the City's responsibility. He said the City's Operations Department said it was too expensive to remove the panels. He asked that the City Council consider removing the panels as they were not needed, unattractive and an attraction for graffiti. He said they did not wish to lose the path lights on the south side of the park, so if the path lights were powered by the panels it would not be difficult to rewire the lights to the panel next to the pavilion.

Mayor Drake said he would work with the Operations Director to determine the issues. He said the park belongs to the Tualatin Park District and more information was needed before he committed to anything; but he would look into it.

Franklin asked that the City respond back to Committee Chair Dorothy Fisher at 503-644-6867.

Henry Kane, Beaverton, said at the May 2, 2005 Council meeting, Mayor Drake said City staff was involved in the Highway 217 improvement proposals. He said he would provide a copy of a letter from a Metro staff member who was assisting the Highway 217 Project Advisory Committee. He said the southbound on-ramp from Allen Boulevard to Highway 217 would be closed, the northbound on-ramp from Denney Road to Highway 217 would be closed, the southbound off-ramp to Denney Road would be closed and the northbound off-ramp to Allen Boulevard would be closed. He said this was an example of ideology over common sense. He said he used Allen Boulevard and Denney Road to get to Highway 217 during the commute hours and there was no backup that delayed traffic at these points. He said he had no objection to toll roads that work, but this would not work as there were too many ways to bypass the road using local streets. He said he hoped Council would get a map that showed all the closures and a staff analysis identifying the benefits of the proposal.

Coun. Stanton clarified Kane's comments. She said when he referred to closing the Denny Road southbound access to Highway 217 and the Allen Boulevard northbound access to Highway 217, and then switched it and said southbound Allen Boulevard and northbound Denney Road on Highway 217, those were two different options; they were not closing all four ramps. She said in the closure of the ramps there would be frontage roads connecting Allen Boulevard and Denney Road, so there would be an access to the closest interchange to Highway 217. She said she was not saying she thought either proposal was best, but she wanted to clarify that they were not closing all four ramps.

Mayor Drake said he was on the Committee studying this issue along with the Oregon Department of Transportation, Metro Councilor Carl Hosticka and several citizens and business people from the City of Beaverton. He said nothing definitive has been recommended; they were working to narrow choices at this time.


Mayor Drake called for a brief recess at 7:24 p.m.


Mayor Drake reconvened the meeting at 7:34 p.m.

Coun. Doyle left the meeting during break as he had another meeting to attend. He returned later in the evening during the executive session.


There were none.


There were none.


05100 Proposed Water Consumption Rate and Demand (Meter) Charge Increase for Operating the City's Water System (Resolution No.3816)

Finance Director Patrick O’Claire reviewed the staff report. He said the proposed Water Consumption Rate increase was 2.7%, going from a current charge of $1.82 per CCF (100 cubic feet of water) to $1.87 per CCF. He said that would produce an additional $72, 200 in water fund revenue beginning January 1, 2006. He said the Demand Charge was a flat rate based on meter size and the proposed 3% increase was equivalent to an additional $0.22 per month ($2.64 per year) for a single-family home. He said that would produce an additional $50,500 in operating revenue for Fiscal Year 2005-06. The Demand Charge increase would be effective July 1, 2005. He said both increases cover the additional cost of operating and maintaining the water system. He said this was the first time the Demand Charge had been increased since 1998.

Coun. Stanton confirmed with O'Claire that the Water Consumption Rate increase was $6.25 per year for the average resident. She said that was a reasonable increase and it ensured that operations, maintenance and future planning stayed current.

O'Claire said this included revenue bond debt service used to build capital infrastructure, such as reservoirs and treatment facilities, through the Joint Water Commission.

Coun. Stanton said next Monday, May 23, 2005, Washington County Commission Chair Tom Brian, would speak on future water needs for Washington County. She said some funds from this increase would go towards providing for future water needs for the next decade.

Mayor Drake opened the public hearing and asked if anyone wished to testify.

There was no testimony,

Mayor Drake closed the public hearing.

Coun. Stanton MOVED, SECONDED by Coun. Ruby that Council approves the proposed Water Consumption Rate increase to $1.87 per CCF and the Demand (Meter) Charge Increase of three percent (3%), for Operating the City's Water System as presented in Resolution No. 3816 (Agenda Bill 05100). Couns. Arnold, Ruby and Stanton voting AYE the MOTION CARRIED unanimously. (3:0)

05101 Proposed Storm Drain Monthly Rate Increase for System Operations

O’Claire reviewed the staff report. He said the Fiscal Year 2005-06 Proposed Budget includes a recommendation for a $0.25 monthly rate increase for the Storm Drain Services base charge, which covers the storm drain system's maintenance and operations. He said this would increase the monthly rate from $3.75 to $4.00. He said the proposed $0.25 rate increase would result in an additional $3.00 per year for a single-family residence and would produce $156,000 in annual revenues. The increase would become effective July 1, 2005.

Mayor Drake opened the public hearing and asked if anyone wished to testify.

There was no public testimony.

Mayor Drake closed the public hearing.

Coun. Stanton said she thought a $3.00 annual increase was reasonable and she appreciated having storm drains in the City to move all that water. She said as she drove up Lombard Avenue this evening, she thought it was wonderful that Lombard Gardens would not flood anymore as they now have storm drain improvements. She said this was the best money the City could spend to ensure the systems were clean and functioning.

Coun. Ruby MOVED, SECONDED by Coun. Arnold, that Council approves Agenda Bill 05101, which authorizes the $0.25 increase to the Storm Drain monthly base charge, effective July 1, 2005. Couns. Arnold, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (3:0)


Second Reading:

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

05091 An Ordinance Annexing Property Located Immediately North of the Sunset Highway and Generally Southwest of NW Barnes Road to the City of Beaverton: Expedited Annexation 2004-0015 (Ordinance No. 4353)

Coun. Stanton MOVED, SECONDED by Coun. Ruby, that the ordinance embodied in Agenda Bill 05091 now pass. Roll call vote. Couns. Arnold, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (3:0)


Coun. Stanton MOVED, SECONDED by Coun. Ruby, 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. Couns. Arnold, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (3:0)

The executive session convened at 7:54 p.m.


The executive session adjourned at 8:50 p.m.

The regular meeting reconvened at 8:50 p.m.


Coun. Doyle MOVED, SECONDED by Coun. Arnold that Council authorize the Mayor to conclude negotiations with the developer as discussed during Executive Session. Couns. Arnold, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)


There being no further business to come before the Council at this time, the

meeting was adjourned at 8:53 p.m.

Catherine Jansen, Deputy City Recorder




Approved this 6th day of Junel, 2005.

Rob Drake, Mayor