BEAVERTON CITY COUNCIL
REGULAR MEETING
NOVEMBER 6, 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 Council Chamber, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, November 6, 2006, at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce S. 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 City Recorder Sue Nelson.

06200 Swearing In of Newly Appointed Municipal Judge Pro Tem, Mr. Les Rink

Mayor Drake said a sub-committee of the City Council had recommended the appointment of Mr. Les Rink to the position of Municipal Judge Pro-Tem. He asked the Council for a motion to approve the appointment.

Coun. Bode MOVED, SECONDED by Coun. Arnold, that Council approve the appointment of Mr. Les Rink as Municipal Judge Pro-Tem. Couns. Arnold, Bode, Dalrymple and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)

City Recorder Sue Nelson swore in Mr. Les Rink as Municipal Judge Pro Tem.

PROCLAMATIONS:

Mayor Drake proclaimed November 2006 Mediation Month. He said Beaverton had an excellent Dispute Resolution Program and this proclamation was to support that program.

Coun. Arnold said she had the privilege of serving as a mediator for the Beaverton Dispute Resolution Center and she was now working with the small claims court mediation program for Multnomah County. She said mediation was an excellent way to resolve conflicts as the parties in the mediation have control over the outcome and become involved in determining the best solution. She said studies have shown that people were more satisfied with the outcome of mediation than with the outcome of litigation. She said mediation was used in many areas and she encouraged people to use the service when needed.

PRESENTATIONS:

06197 Presentation of Shields and Swearing In of Newly Appointed Captain and Lieutenant and Four Officers to the Beaverton Police Department

Mayor Drake said the swearing in of the new and promoted officers at the Council meeting would introduce them to the citizens of Beaverton and welcome them to the City.

Police Chief Dave Bishop swore in newly-promoted Captain Tim Roberts and Lieutenant Dan Gill, and new Police Officers David Bankston, Jeffrey Gill, Amy Colcord and Christopher Crosslin.

Mayor Drake presented the officers with their shields.

Bishop thanked the families and friends of the officers who were in attendance and noted these officers could not do their jobs without their support.

06198 Open Technology Business Center (OTBC) Presentation and Update

Chief of Staff Linda Adlard introduced Steve Morris, Executive Director for the Open Technology Business Center (OTBC), and said he would update Council on the OTBC.

Morris reviewed the history and purpose of the OTBC. He said the OTBC was an incubator that provides entrepreneurs with services to help their new businesses grow successfully. He said the goal was to help the businesses grow to the point where they are large enough to move out of the OTBC and become part of the community. He said nationally, a typical company spends two years in an incubator. He said studies done by the National Business Incubator Association (NBIA) show that each $1.00 of public investment generates $30.00 in tax revenue; and 84% of incubator companies stay in the area. He said every job created in an incubator company creates additional jobs that support that position.

Morris said the OTBC provides three main services: office infrastructure; coaching and advising; and networking. He said under office infrastructure, the OTBC provides office/reception/meeting space and services such as internet. He said coaching and advising were the core of the OTBC's services. He said they provide weekly one-on-one meetings between each startup CEO and an entrepreneur in residence (a person who successfully started and ran a company). He said the entrepreneurs provide assistance in developing business plans, validating the market, coaching on presentations, and offer legal and financial advice. He said networking is critical in order to meet other entrepreneurs and investors. He said they hold weekly Lunch & Learn Programs that cover a variety of topics, such as making presentations or validating the market. He said the odds of success were higher for companies that start in an incubator.

Morris said the OTBC's resources were: three entrepreneurs in residence; one market strategist; a small business development company; a technology team expert; an angel investor; attorneys who offer their services pro bono; a software and open source technologist; accounting professionals; and the weekly luncheon programs. He said currently there were eight resident startup ventures at the OTBC and they added seven new jobs to Beaverton.

Coun. Doyle said he was impressed with the OTBC and with the growth in the incubator in the last year. He said this was a significant resource. He said these tools would help new businesses to grow and move out into the community in the next year or so.

Coun. Dalrymple said he thought it was an extraordinary program and it was amazing to have that level of resource in one place for entrepreneurs. He asked Morris to talk about recruitment.

Morris said the application form is on the OTBC Web site; interested entrepreneurs should fill out the application and send it in. He said when the application is received, he talks to the applicant and if it looks like the company has good growth potential they have the company do a business plan overview in front of the OTBC screening committee. He said if the company has good growth potential and the OTBC can help, then the offer is made to have them join the OTBC. He said the OTBC Web site was www.opentechcenter.com.

Mayor Drake said he read that Microsoft and Open Source were trying to pool resources. He asked Morris to explain the difference in the technologies and what he thought was happening.

Morris said in the past Microsoft's entire business model was based on Closed Source, Microsoft's private intellectual property/source code to its program. He said it would be extremely difficult for a programmer to look at Microsoft's binary code and figure out what it was doing. He said Open Source is an open code that has been developed by people all over the world. He said Open Source works with volunteer groups world-wide, with an informal structure. He said for some projects it is a very good fit. He said Microsoft is realizing that there are places where Open Source fits and there are places where Closed Source (proprietary) fits. He said Microsoft is working on a few internal Open Source projects and is now looking at how to take advantage of Open Source since it does have value.

Coun, Arnold asked what were his toughest challenges.

Morris said the OTBC needs to increase its success matrix, so that over the next few months he can start fund raising from a broader base. He said they have the opportunity to go to service providers (attorneys, accountants, etc.) and say they are developing clients for them. He said they can go to high tech companies and say "We're incubating technologies" or "We're providing you a place to develop new side technologies that have potential." He said this is valuable to high tech companies. He said there were all types of value propositions for different entities and this is an opportunity to spread the load from a funding point of view. He said the OTBC was well on track to doing this.

Coun. Bode thanked Morris for the presentation. She said she remembered when the Council decided to put resources into the incubator. She said this speaks to the City's direction and sensitivity towards economic development within the community. She said this helps develop the business sector and the livability of the entire community.

Mayor Drake thanked Morris for the presentation.

06199 Presentation of Solid Waste and Recycling Program

Program Manager Scott Keller presented a PowerPoint presentation to update the Council on the City's Solid Waste and Recycling Program. He said the State Legislature set a recycling recovery goal of 64% by Year 2009 for the Metro area wasteshed. He said DEQ would shortly announce that this region's recovery rate was almost 59% in 2005; this region is about 5% away from the State's goal. He said in order to reach the 64% goal in the next three years, recycling efforts would focus on business recycling, construction debris and organics programs for food waste recycling. He said the City was already working on these programs.

Keller said residential roll-cart recycling began March 1, 2006, and recycling had increased with the use of the carts. He said various studies were conducted on volume, participation and contamination to measure the success of the recycling programs. Also, a survey of residential customers was completed this year to gauge residential participation in recycling. He said the Volume Study was being conducted in 2006 and 2007; the results should be available by March, 2007. He said the Participation Study showed that 93% of the customers set out their recycling at least once during the study period, the average household sets out recycling 2.46 times per month and the glass bins were set out about once every two months. He said the Contamination Study found that contamination in the roll carts was less than 4% (average contamination in the Metro region is 9%). He said in June Beaverton residents were surveyed regarding their recycling practices. He said they received a 10% response rate on the survey and they were now processing all the comments received on the surveys. He said the survey showed that 87% of the customers rated their garbage service Great or Very Good, and 85% rated their recycling service as Great or Very Good. He said 86% of the customers said it was easier to recycle with roll carts, 77% liked the carts more than the bins and 40% said they produced less trash with the carts. He said they also surveyed apartment residents and they will be working with property managers to increase recycling.

Keller said they were continuing to reach out to the commercial sector, focusing on multi-tenant business parks. He said they contact the businesses by phone and through cold call visits, and were concentrating on new businesses and the largest 100 businesses in the area. He said they were monitoring Metro's proposals for minimum business recycling standards. He concluded by stating that the City would continue to maintain high-level and cost-effective service to the customers and staff would continue to work to increase the recycling rate to meet the State's goals.

Coun. Bode said his presentations were always interesting. She asked why glass was the most frequent contaminant in the roll carts.

Keller said glass and motor oil must be kept separate from all other materials. He said the sorting process at the recycling processing center can easily sort out the other contaminants but glass is a problem because it breaks into small pieces. He said it was a matter of further educating the people about the importance of keeping the glass separate. He said a lot of Oregon glass goes to California glass processors. He said they were recently in a meeting with a major glass processor, who told them Oregon glass was far superior to California glass, as it is clean and separate from other contaminants (paper, plastic).

Coun. Arnold asked what happens when glass is mixed into the paper.

Keller said if there is too much glass mixed in with the paper, the papermills do not want it and it has to go to the landfill. He said that was why it was important to keep glass separate and educate the public. He said there are quality control standards to make sure the glass contamination does not exceed certain set limits.

Coun. Arnold asked about food recycling.

Keller said for residential recycling Metro was encouraging home composting. He said Metro’s main focus was commercial food recycling for that is where the volume exists. He said they work with big cafeterias and grocery stores, and they have a composting agreement with Cedar Grove Composting out of Seattle. He said that Cedar Grove Composting has a new high-tech way to compost food and pilot programs are being conducted by Metro. He said Cedar Grove was seeking a location in Portland.

Coun. Arnold asked if this would be available to schools and residents someday.

Keller said initially it would be for businesses. He said there were different State rules for composting food waste and yard debris. He said that may change in the future, but currently they are not combined.

Coun. Doyle said the Port of Portland (for the airport) was working with its food providers to recycle its food waste. He asked if meat containers are recyclable if they are cleaned.

Keller explained that the meat containers are generally not recyclable. He said though the container may have a recyclable mark on it, that is a plastic industry classification to identify the type of plastic. He said the plastic meat trays do not have a strong market in this area so they are not on the recyclable list.

Coun. Doyle said he has seen many people rake their leaves into the street and asked if the City could educate the residents about putting leaves in the yard debris recycling bin. He asked what kind of issue this was for the City.

Keller said the City would continue to educate the public about proper leaf recycling.

Public Works Director Gary Brentano said the City has had good success this year using a leaf vacuum that was purchased last year. He said the vacuum sucks up the leaves and chops them into fine compost. He said they are able to gather a lot of leaves very quickly off the streets and planting strips. He said they will probably use the vacuum more, and possibly purchase a second unit, as they can provide better and faster service with that machine. He said these leaves are clean and can be recycled. He said it was not okay to rake the leaves onto the street because they can clog the catch basins; if they fall into the street, the City will vacuum them up.

Coun. Dalrymple said as a citizen of Beaverton he was very satisfied with the program. He asked if the caps for water bottles were recyclable.

Keller replied they were not recyclable.

VISITOR COMMENT PERIOD:

Dave James, Beaverton, thanked the City for following up on comments he made a few weeks ago regarding the Beaverton School District's forthcoming application for a transportation center. He said he received a letter from Community Development Director Joe Grillo that said if the School District's application met the requirements for a Type 2 application, then it would be heard as a Type 2 application. He read a section of the Development Code dealing with Type 2 and Type 3 applications. He said this application would be to allow the School District to run a transportation center for 190 school buses on 167 th Place. He said this is a local street with a 25 mph speed limit; it has no center line and parking is allowed on both sides of the street. He said there is considerable interest in this project. He asked the Council to instruct City staff to make sure this is a Type 3 application. He said in reading the Code, he did not believe this could be a Type 2 application.

Mayor Drake asked the City Attorney to comment on this issue.

City Attorney Alan Rappleyea said the classification of applications as Type 1, 2 or 3, was a general classification. He said the Code section read by James referred to general classifications. He said if an application has a specific use, it is classified as a Type 2. He said it could be an innocuous Type 2 use, and people may be upset about it, but if the Code says it is a Type 2 use, that is what it will be. He said there are appeal rights for Type 2; appeals would go to an appointed board and then to the Land Use Board of Appeals. He said a hearing could not be avoided on such matters.

Mayor Drake said he had not heard that the School District had resubmitted its application.

Community Development Director Joe Grillo said the School District had not resubmitted its application, though he expected it would come sometime in the future. He said the original application (that Council heard on appeal) started as a Type 3 because the District was proposing to construct a building on that site, not because they were proposing a bus facility. He said in the appeal there were a number of points of disagreement; one was the Planning Director's determination on whether or not that was the correct interpretation of the use. He said at the appeal the Council upheld the Planning Director's determination that this was a permitted use. He said whether or not a new building is proposed will not be known until the application is filed. He said another point of contention was whether or not the performance standards (vibration, noise, etc.) were criteria that had to be considered. He said the Council concluded that those standards were operational criteria, not land use approval criteria. He said those will not be used again if and when the applicant files an application from the City. He said they would take the direction from the previous Council's determination as part of evaluating an application, if and when it should be filed.

Mayor Drake noted that one of the issues with the first application was the traffic impact on 167th Place and Cornell Road. He said Washington County has since determined that it will fund the improvements to Cornell Road and the Citizen's Committee is finishing its work in developing a recommendation to the County.

Grillo confirmed that was correct. He said the County was going through the planning process now and he would assume that if the School District files an application, they would incorporate that into their traffic analysis. He said the City's Traffic Engineer would look at that analysis in conjunction with when that road improvement would occur, because that would affect how many buses would come on line prior to and after Cornell Road is improved.

Coun. Dalrymple asked if there was an existing use and the intensity of the use would be increased substantially, would that take an application from a Type 2 to a Type 3.

Grillo said that would not change whether or not this was a permitted use; it may trigger an additional land use review which could be Type 2 or Type 3 depending on the intensity of use. He said the Code creates thresholds that define the intensity scenarios. He gave an example of a threshold scenario.

Mayor Drake said he thought they were having an intellectual discussion without knowing what the District will propose.

Coun. Bode asked Grillo if he thought the City would receive this application within the next 12 months.

Grillo replied yes.

Mayor Drake said James was trying to engage the Council in a debate on a decision that has not yet been seen. He said in all fairness the School District should be present when a debate is held. He said the City did not know what the District would submit.

James said his question was originally about the classification of applications. He said in the letter from Grillo, it says that if the application is like the one that was submitted early in the year then it would be a Type 2 application. He said he wanted to understand how the City interpreted that information and deemed that application to be Type 2.

Coun. Arnold said James was asking if the Code sections he read were description or criteria; and if the Council has the opportunity to decide if this should be a Type 2 or Type 3 application.

Grillo said those sections were general descriptions but if the use is stated in that district, then by default that use is permitted. He said unless that use triggers another threshold, it starts as a Type 1 or Type 2 or the threshold sets it as a Type 3. He said one of the criteria is whether or not square footage is being added. He said by default the School District was currently operating a bus transportation center on that site based on the previous decision that the Planning Director made, that was upheld by the Council. He said the current operation of that facility is not up for debate. He said in his reading of the Development Code, the Council cannot make the determination on the type of application.

Rappleyea said in reading the Code, he agreed that the Planning Director determines per the Code, what classification the usage should be.

Mayor Drake suggested that James submit his points through the City Attorney. He said he was sure the School District would want to weigh in on the issues also. He said he and the Council always walk a fine line of listening to citizens and not coming into a hearing with a bias on an issue. He said he and the Council would need to remain objective.

Coun. Arnold said the problem was that if this was a Type 2, the Council would never see the application. She said the question was if the Council ever had a role in the initial decision on the classification of the application and what she heard was that the Council would not have a role in the determination.

Rappleyea confirmed that was correct and he recommended terminating the discussion at this time.

James asked if the City Attorney was saying this could not be discussed.

Mayor Drake explained that the City Attorney was not saying that James could not discuss the issue. He said this was becoming a complex, detailed discussion and it would be better for James to provide his comments in writing to the City Attorney so that the attorney can provide a thoughtful response.

Coun. Arnold repeated previous comments that the Council would have no role in determining the classification for an application. She said it would be a good idea for James to submit his thoughts to the City Attorney.

COUNCIL ITEMS:

Coun. Arnold said there would be a Disaster Preparedness Seminar on Wednesday, November 8, at 9:00 a.m. at the Library. She said it was sponsored by the Senior Citizens Advisory Committee and it would cover pertinent information for everyone. She encouraged everyone to attend.

Coun. Dalrymple reminded everyone to vote. He said there was an article in the Oregonian last week regarding benzene and he asked if the City staff would want to comment on Senator Wyden’s position on this issue.

Mayor Drake said staff would need to obtain information on Wyden's position before determining if the City would respond. He said staff could report back.

STAFF ITEMS:

Finance Director Patrick O’Claire reminded the Council that next Thursday, November 16, the Budget Committee Meeting would be held at 6:30 p.m. to consider the supplemental budget. He said the binders for the meeting were distributed last Friday.

RECESS:

Mayor Drake called for a brief recess at 8:10 p.m.

RECONVENED:

Mayor Drake reconvened the meeting at 8:20 p.m.

CONSENT AGENDA:

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

Minutes of the Regular Meeting of October 16, 2006 - PULLED

06201 Liquor Licenses: New Outlet - El Perico Y Taqueria, Wine Styles, Noodles & Company; Change of Ownership - King's Restaurant

06202 Classification Changes

06203 Traffic Commission Issues No.:
TC 599 Removal of Two-Hour Parking Limit in Downtown Parking Lots;
TC 600 Crosswalk on SW 6th Street at Westbrook Club House

06204 Authorize the Mayor to Sign an Intergovernmental Agreement with Metro Regional Government for Implementation of the Annual Waste Reduction Plan

06205 Authorize the Mayor to Sign an Intergovernmental Agreement with Metro Regional Government for Recycle At Work Program

Contract Review Board:

06206 Bid Award - Mixed Bulk Concrete Requirements Contract

Coun. Arnold said she had suggested wording revisions to the October 16, 2006 minutes. The minutes were pulled to be brought back to Council at the next meeting.

Coun. Arnold thanked Planner Hal Bergsma and City Attorney Alan Rappleyea for their help in updating the Comprehensive Plan. She also thanked the Traffic Commission and Traffic Engineer Randy Wooley for their work on the issue of downtown parking; she said she thought this work was done very well.

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

PUBLIC HEARING:

06207 Public Hearing to Consider Bids Submitted to Purchase the Declared Surplus Property at the Southwest Corner of SW 153rd Avenue and SW Jenkins Road

Rappleyea said the right-of-way in this area was a little narrow and it was not as wide on 153rd Avenue as required in the Transportation Plan. He said staff was recommending that the Council amend the requirements to remove from the property the narrow strip of land for right-of-way from one foot to five feet wide on 153rd Avenue. He said additional right-of-way is required to meet the Transportation Plan requirements for this road. He said the City would provide the survey needed to make this change so the exact right-of-way would be known.

Mayor Drake opened the public hearing.

There was no one present who wished to testify.

Mayor Drake closed the hearing.

Coun. Doyle MOVED, SECONDED by Coun. Dalrymple, that the Council accept the bid from Reser's Food, Inc., for the property located at the southwest corner of SW 153rd Avenue and SW Jenkins Road as outlined in Agenda Bill 06207, and authorize the City Attorney to negotiate a sale agreement that would provide for a City survey and reservation of right-of-way to the plan standard for 153rd Avenue as agreed to by the buyer.

Coun. Bode explained to the audience that the piece of property being considered was approximately 1.25 acres and it was adjacent to the Reser's trailer maintenance area. She said it made sense that they would be the one to purchase that site.

Mayor Drake added that this was a remnant parcel between the Bonneville Power right-of-way and the roadway. He said it was a remnant from when the road was built and the City has owned the property for over 20 years. He said it was fair to say the adjacent property owners would have the most interest in the site and it was in the public's interest to sell this property. He said others were interested but did not submit a bid.

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

ORDINANCES:

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinances embodied in Agenda Bills 06208, 06209 and 06210, 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:

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

06208 An Ordinance Amending Comprehensive Plan Chapters 1, 2 and the Glossary (Ordinance No. 4187) Related to CPA 2006-0001 (Ordinance No. 4395)

06209 TA 2006-0008 (Design Review Threshold Modifications) (Ordinance No. 4410)

06210 ZMA 2006-0006 Momeni Property at Main Avenue and Allen Boulevard Zoning Map Amendment (Ordinance No. 4411)

ADJOURNMENT:

There being no further business to come before the Council at this time, the meeting was adjourned at 8:30 p.m.

APPROVAL:

Approved this 4th day of December, 2006.

__________________________________
Rob Drake, Mayor