MAY 8, 2006

6:30 P.M.


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 8, 2006, at 6:33 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce Dalrymple, Dennis Doyle, 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, Public Works Director Gary Brentano , Human Resources Consultant Barbara Huson, Deputy Police Chief Chris Gibson and Deputy City Recorder Catherine Jansen.


Mayor Drake proclaimed May 7-13, 2006, Building Safety Week.


06073 Beaverton Arts Commission's Annual Art Awards

Carol Rogat , President, Beaverton Arts Commission, said the Commission annually recognizes artists for outstanding achievements and those who have made a significant contribution in support of the arts. She said the 2006 award winners would be recognized at this meeting. The awards presentation opened with a solo performance by cellist Angie Zhang.

Mayor Drake presented the awards to the following 2006 Annual Art Award recipients:

Volunteers of the Year : Charmaine Anderson, Kathy Marsh and Denny Lumsden

President's Award : Beverly Hahn, Chico 's Fund-raiser

Visual Arts in the Community Award : Painter's Showcase

Performing Arts in the Community Award : Jinn Davis for bringing live, musical concerts to Beaverton school children during lunch

Art Leadership Award : Misty Cassidy, Art Literacy Coordinator, Jennifer Mitchell and Pam Schuller of Chehalem Elementary School

Business of the Year: Emily Andrews Portrait Design

Organization of the Year: Tualatin Hills Park and Recreation District in recognition of their Concert in the Park Series & Artist Gallery at Cedar Hills Recreation Center

Mayor Drake and Coun. Doyle presented the awards to the youth recipients:

Outstanding Achievement in the Performing Arts by an Elementary School Student : Angie E. Zhang, Findley Elementary School .

Outstanding Achievement in the Visual Arts by an Elementary School Student : Levi Arthur, Barnes Elementary School .

Outstanding Achievement in the Performing Arts by a Middle School Student (Tie): Paige Loeffler and Scott Pilette, Cedar Park Middle School .

Outstanding Achievement in the Visual Arts by a Middle School Student (Tie): Chantalle Guptill and Maya Lall, Arts and Communication Magnet Academy .

Outstanding Achievement in the Performing Arts by a High School Student : Timothy Holmsley, Westview High School .

Outstanding Achievement in the Visual Arts by a High School Student (Tie): Rebecca Begis, Arts and Communication Magnet Academy and Amanda Foster, Southridge High School .

The award presentation closed with a recorded performance of Timothy Holmsley as Finch in Westview High School 's production of "How to Succeed in Business Without Really Trying."

Mayor Drake thanked everyone for the fine presentation.

Coun. Doyle said it was a pleasure to serve as Council liaison to the Beaverton Arts Commission. He said this was a small sample of the talent in Beaverton and all parents should be proud of their children's participation in the arts. He encouraged everyone to attend the schools' play productions as they were excellent shows.

Coun. Stanton said she hoped a stagecraft category would be added to the awards someday. She complimented the excellent work of the stagecrafters who provide the costumes, setups and lighting for the plays. She said the arts were an important part of everyone's lives and she encouraged participation and support of the arts.

Coun. Bode said she appreciated the talent of the artists. She said this program was a great example of the partnership between the City and the Beaverton School District . She commended the Arts Commission for going into the schools and working with the teachers and students. She complimented everyone for doing a great job.

Coun. Arnold said with the current trend in schools to cut back on art and music, she wanted to thank the Arts Commission for its extra effort to help children flourish in the arts.

Coun. Dalrymple said his children had participated in the arts and music when they were in school. He said it was great to see these programs were alive and well; he was glad that the Tualatin Hills Park and Recreation District was acknowledged for its efforts in the arts.

Mayor Drake thanked the Commission for the presentation.


Mayor Drake called for a brief recess at 7:04 p.m.


Mayor Drake reconvened the meeting at 7:14 p.m.


There were none.


Coun. Stanton said the Volunteer Recognition Event would be held Friday, May 12, 2006, at 7:00 p.m., at City Hall in the Council Chamber. She also noted there was an excellent turnout at the Leadership Prayer Breakfast last Thursday morning.


Finance Director Patrick O'Claire said the City was proceeding with the $10 million water revenue bond issue. He said as part of the process the City was rated on the financial status of the Water Fund. He said the ratings were from Moody's and S tand ards & Poors. He said the rating from Moody's was upgraded from A2 to A1. He said this was one step from the highest rating possible (triple A). He said that was very good for the City. He said the S tand ard & Poors rating should come later this week.

O'Claire said the City was notified that it received the Comprehensive Annual Financial Achievement Award for the fiscal year audit ending June 30, 2005. He said in the future a presentation would come to Council to recognize the staff member responsible for putting the financial report together.

O'Claire said the proposed Fiscal Year 2006-2007 Budget would be available to the Budget Committee and City Council this Friday (May 12, 2006).

City Attorney Alan Rappleyea said last week he sent a memorandum to Council regarding payday loan ordinances. He said the memo highlighted the differences between the Senate Bill 1105 (SB 1105), just adopted by the State Legislature, and the ordinances adopted by Portland and Gresham . He said SB 1105 capped the interest rate at 36% annually, limited fees to $10 per $100 borrowed on the first loan, gave 31 days for people to pay back the loan and limited rollovers to two. He said SB 1105 would go into effect July, 2007, and it did not include some of the protections that were in the cities' ordinances. He said the city ordinance protections were: the right to make payments after the maximum rollovers; the requirement to pay down before renewing the loan; and the right to cancel a loan within 24 hours. He said the Portland ordinance was upheld by the Circuit Court and it is expected to be appealed to the Court of Appeals. He said there should be an answer on the appeal within a year.

Rappleyea said the Biggi Measure 37 Claim was scheduled for public hearing next Monday (May 15, 2006). He said the parties were trying to settle the claim and a 30-day extension was requested to allow more time to work out the settlement. He said at the next meeting Council would receive a request to continue the hearing.

Coun. Stanton asked the City Attorney if the passage of SB 1105 precluded the City from passing its own ordinance which could be modeled after the other cities' ordinances.

Rappleyea said SB 1105 did not pre-empt cities from passing their own ordinances.

Coun. Stanton asked the Councilors if they wished to proceed on the issue of adopting an ordinance regulating payday loan businesses. She suggested holding a work session and hearing to determine if an ordinance is needed in Beaverton .

Mayor Drake said the effective date of SB 1105 was July, 2007. He said the Legislature would convene in January and could modify the bill sometime between January 1 and the effective date in July. He said that could have an impact on the Council's decision.

Coun. Stanton said that regardless of what action the Legislature takes in January, she would like to move forward now.

Coun. Bode said she supported proceeding on this issue. She suggested holding a work session to review a draft ordinance and to compare the draft ordinance with the ordinances adopted by the other cities. She said the work session could be followed with a public hearing on the same evening.

Coun. Doyle said he agreed with Coun. Stanton regarding moving forward quickly. He said it was uncertain what the Legislature would do in January. He said he thought if Beaverton stepped up to a leadership role, with the other cities, that would help ensure that no major modifications would occur during the next legislative session.

Coun. Dalrymple said he agreed with Couns. Doyle and Bode. He said the City should continue to send a strong message to the Legislature on its position. He said he agreed with having a work session, followed by a public hearing. He said it was important to also hear from the representatives of the payday loan businesses at the hearing.

Coun. Arnold said she would like to review this issue. She said she had questions about SB 1105 and she wanted to have a better unders tand ing of the bill. She said she would also like to hear the thinking behind the bill; the pros and cons. She said she would not want to pass an ordinance that would be overturned or would irritate the Legislature.

Coun. Stanton asked that a work session be held first and the public hearing two weeks later for noticing purposes. She added that during the work session there may be questions that staff would need time to research and this would allow the public sufficient time to review the ordinance before the hearing.

Coun. Bode reiterated that the work session would incorporate a draft ordinance and the three ordinances from the other cities. She asked when this item could be scheduled.

Mayor Drake said this upcoming summer would be very busy for the Council. He said staff would return with recommended dates and there would be thorough notification.

Coun. Doyle said he hoped this could be done in June.

Coun. Stanton referred to the work session that occurred earlier this year. She said she did not think it would take long to gather the information for the work session and then have the public hearing a couple of weeks later.

Rappleyea said staff would move forward on this matter. He said there might be a delay based on the Court of Appeals action, but information could still be gathered for the work session.

Coun. Stanton said she did not want this issue to be held up because the City was waiting for action at the State level; it could take a year for the State to act. She stressed she wanted the City to move forward.

Mayor Drake said he would get back to Council with possible dates.

Coun. Stanton congratulated O'Claire on the achievement award.


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

Minutes of the Regular City Council Meeting of May 1, 2006

06074 Liquor License Application: Greater Privilege - Thai Kitchen; New Outlet - Urban Rhythms Coffee Co.; Change of Address - Co-Ho Imports Oregon

06075 Boards and Commissions Appointment - Bruce Flath, Beaverton Arts Commission

Contract Review Board:

06076 Bid Award - Sandberg Subdivision Sanitary Sewer Rehabilitation Project

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


Second Reading :

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

06072 An Ordinance Annexing Four Parcels Located in the General Vicinity of SW Laurelwood Avenue and SW Hazelnut Lane to the City of Beaverton Expedited Annexation 2006-0001 (Ordinance No. 4391)

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that the ordinance embodied in Agenda Bill 06072 now pass. Roll call vote. Couns. Arnold , Bode, Dalrymple, Doyle, and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


Coun. Bode 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. Couns. Arnold , Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


Mayor Drake called for a brief recess at 7:33 p.m. to setup for the executive session.


Mayor Drake reconvened the meeting at 7:39 p.m.

The executive session convened at 7:39 p.m.

The executive session adjourned at 8:15 p.m.

The regular meeting reconvened at 8:15 p.m.


There being no further business to come before the Council at this time, the meeting was adjourned at 8:15 p.m.


Catherine Jansen, Deputy City Recorder




Approved this 15th day of May, 2006.

Rob Drake, Mayor