BEAVERTON CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2006

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, August 14, 2006, at 6:32 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce Dalrymple, and Dennis Doyle. 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, Public Works Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop and Deputy City Recorder Catherine Jansen.

PROCLAMATIONS:

Mayor Drake proclaimed September 2006 Prostate Cancer Awareness Month

PRESENTATIONS:

06138 PULLED - Transportation Funding.

Mayor Drake said that due to Coun. Stanton's illness and her interest in the Transportation Funding and Comprehensive Plan Amendment (Agenda Bill 06148) issues, these items would be rescheduled to a future Council meeting.

VISITOR COMMENT PERIOD:

Henry Kane, Beaverton, said there are long stretches of sidewalk in the City that need repair. He said many slabs are uneven; they are raised or lowered by an inch or more and cause people to trip. He said he fell when he tripped over one of the raised slabs on Lombard Avenue and was injured. He asked that the City enforce the sidewalk ordinance and check the sidewalks throughout the city.

Mayor Drake said the City does oversee the sidewalks; however, the Code states adjacent property owners are responsible for repair work. He said the City does respond to complaints regarding sidewalk conditions. He asked that Kane speak to the Code Enforcement Division and tell them which sidewalks need work. He said Code Enforcement would be happy to help him.

Barbara Wilson, Beaverton, spoke to Council regarding global warming. She said there were several articles, books and a movie released in the last few months regarding global warming and the serious climate changes occurring that seriously affect the environment. She asked that local officials do what they could to improve the situation. She said on the Web there was a page called US Mayors Climate Protection Agreement. She said this was an agreement to reduce the carbon footprint of cities and it has been signed by 279 cities nationwide, including Ashland, Corvallis, Eugene, Lake Oswego and Portland. She asked that the City investigate this agreement to see if it is an agreement in which the City could participate. She also suggested the City form an ad hoc Citizen's Committee on global warming to investigate the results of the Mayors Climate Protection Agreement and to educate the public on reducing carbon dioxide emissions. She stressed the planet was in trouble and there is much each person could do to improve the environment. She also asked that the City take an official s tand for tree protection as trees are important to the health of humans and the planet.

Mayor Drake said he would explore that Web site and he knew the Oregon Mayors who signed the agreement.

Judith Auslander, Beaverton, said she moved here two years ago and the rent was $599 a month. She said this year the lease was not renewed by the manager. She said on July 28 she received a notice that her rent was being raised an exorbitant amount. She said if she signed a lease the rent increase would be $171 per month; if she did not sign the lease the rent increase was $231 per month. She said her rent would go from $599 to $830 per month; that would be over 35%. She said this was not a rent raise; it was a lifestyle change. She said it was incorrigible to raise someone's rent that much and expect them to arbitrarily come up with that kind of money. She said rent increases should be controlled; there should be a limit on the percentage of increase allowed. She said a 60 days notice should be given for 30 days was not sufficient. She said Oregon needs rent control.

Mayor Drake asked if she had talked to the area legislators to discuss this issue. He said it was difficult to comment without knowing the causes for the increase.

Auslander said she spoke to the manager and she said that was the market now and all the apartment complexes were doing this because they can.

Coun. Dalrymple asked if she considered consulting an attorney regarding tenant/ landlord law.

Auslander said she did and there were no laws to protect renters in this case; landlords can raise their rents as much as they want with 30 days notice.

City Attorney Alan Rappleyea said there is a Landlord Tenant Act in the State statutes and there are specific timelines and requirements in the Act, including the 30-days notice requirement. He said rent control is better addressed at the State level. He said there are some affordable housing programs where rent is controlled, but the government owns that housing.

Coun. Doyle was surprised to hear that units were so full that landlords could get away with a one-third rent gauge. He said he was meeting with one of the State senators and would forward Auslander's letter to him. He said he would let her know if anything positive comes from him.

Mayor Drake said under these circumstances, this should be region-wide. He said the City has no authority on the issue. He suggested she write to the State senators and representatives for this area.

Dave James, Beaverton, thanked the Council for work done recently in upholding the City's goals and said he felt the City was in good hands. He said the Beaverton School District would resubmit its application for the Bus Barn in the next couple of months. He said he asked staff how the City would handle this application and was told that after the application is received the City would determine how it is handled. He said his concern was that the citizens would not know the application was submitted until they received notices of the meetings and that would be too late. He recapped the history of this issue. He said this application might come in as a Type 2 Application and there would be no public meeting. He asked that since there is such strong feeling against this project in the community, that this application go through a public meeting; presumably through the Board of Design Review. He said there were hundreds of people who would want to testify against this application and they would like this to go through a public meeting.

Mayor Drake said Council could not respond at this time and the Community Development Director would need to look at the document and see what the Code says. He said he thought a Type 2 application required a neighborhood meeting and was appealable.

Community Development Director Joe Grillo said staff would look at the application when it is submitted to determine what noticing is required. He said for a Type 2 the City does solicit comment from public property owners and a Type 2 application is appealable to the Board of Design Review or Planning Commission. He said if someone was not satisfied with the appeal decision, it would then go to Land Use Board of Appeals (LUBA).

Coun. Arnold asked when citizens would be notified of the application.

Grillo said he would need to check the Code requirements for a Type 2 application. He said he would write a memorandum to Council to answer these questions.

Mayor Drake asked that James be given a copy of that memorandum.

COUNCIL ITEMS:

Coun. Bode said the next Picnic In The Park would be Thursday, August 24, 2006 at Camille Park.

Coun. Dalrymple congratulated Murrayhill Little League for winning the Northwestern Region game last night against Alaska. He said it looked like Beaverton would be well represented in the Little League World Series this year. He congratulated all the team members and the coaches, saying that was a fantastic accomplishment.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of the Regular Meeting of July 11, 2006

06139 Liquor License: New Outlet: New Seasons Market - Cedar Hills Crossing; Beaverton Pawn; Original Thai Cuisine

06140 Traffic Commission Issue No.: TC 594 Marked Traffic Islands and Parking Restrictions on SW Village Lane at 150 th Avenue Intersection; TC 595 Permit Parking on SW First Street Near Hall Boulevard

06141 Acceptance of Grant Award from the Metropolitan Area Communications Commission and Authorize Appropriations Through a Special Purpose Grant Budget Adjustment Resolution (Resolution No. 3867)

06142 A Resolution Authorizing the Mayor to Sign an Intergovernmental Agreement with the Oregon Department of Transportation (ODOT) for Improvements to Signals and Signing at Rail Crossings on Hall Boulevard and Scholls Ferry Road (Resolution No. 3868)

06143 Transfer Resolution to Provide Appropriation for Programming Support on the New Permit Tracking System and Authorize Staff to Solicit Proposals for the Programming Support (Resolution No. 3869)

06144 A Resolution Adopting Updated Planning Commission By-Laws (Resolution No. 3870)

06145 A Resolution Adopting Updated Board of Design Review By-Laws (Resolution No. 3871)

06146 In the Matter of the Application of: Wal-Mart Stores, Inc., No. DR 2005-0068, Final Decision

Contract Review Board:

06147 Design Contract Award - Windjammer Way - Spinnaker Drive Waterline Replacement - Project No. 4069

06152 Contract Award - Janitorial Services for City Buildings

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

WORK SESSION:

06148 PULLED - CPA 2006-0001 Amending the Comprehensive Plan Chapters 1 and 2 and the Glossary (To be rescheduled to future Council meeting so that Coun. Stanton could be present when this is considered.)

ORDINANCES:

Coun. Arnold MOVED, SECONDED by Coun. Doyle, that the rules be suspended, and that the ordinances embodied in Agenda Bills 06149, 06150 and 06151, 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, Dalrymple and Doyle, voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading:

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

06149 An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Two Properties in Northwest Beaverton CPA 2006-0007/ZMA 2006-0010 (11845 and 11915 SW Walker Road) (Ordinance No. 4401)

06150 An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Two Properties in Northeast Beaverton CPA 2006-0008/ZMA 2006-0011 (Tax Lots 1S1 10 DA 01800 and 01802) (Ordinance No. 4402)

06151 An Ordinance Amending Section 6.02.390 of the Beaverton Code Relating to the Downtown Permit Parking District (Ordinance No. 4403)

Second Reading:

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

06137 ZMA 2006-0005 Butler Rezone; An Ordinance Amending Ordinance No. 2050, the Zoning Map, as to a Specific Parcel, from Urban Standard Density Residential (R-7) to Urban Standard Density Residential (R-5) (3600 SW 110th Avenue) (Ordinance No. 4400)

Coun. Arnold MOVED, SECONDED by Coun. Doyle, that the ordinance embodied in Agenda Bill 06137 now pass. Roll call vote. Couns. Arnold, Bode, Dalrymple, and Doyle 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 7:16 p.m.

APPROVAL:

Approved this 11th day of September, 2006.

__________________________________
Rob Drake, Mayor