BEAVERTON CITY COUNCIL
REGULAR MEETING
JANUARY 8, 2007

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, January 8, 2007, at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce S. 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, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop and City Recorder Sue Nelson.

Couns. Bruce S. Dalrymple, Betty Bode and Dennis Doyle were sworn into office as City Councilors by City Recorder Sue Nelson.

Coun. Bode thanked the citizens of Beaverton for re-electing her to a second term. She said the election process was as vigorous and challenging as the first time she ran for City Councilor. She said she appreciated the support she received from the community as it gave her the energy to go through the entire process. She said she believes that the city can meet the challenges of growth, economic stability, transportation, land use, and public safety for all of the citizens. She said the community demographics have changed over the years. There are now multi-generational families and groups calling Beaverton their home including refugees from foreign countries who never dreamed that they would ever be in Beaverton. She said there is a wonderful population of retired individuals who have made Beaverton their home; this group has wisdom and history and they also contribute to the future.

Coun. Bode stated that she is aware that as Beaverton grows it is becoming an intricate partner in regional development, especially in the counties of Multnomah and Washington. She said as a Councilor she is prepared and open to looking at the growth in the collaborative efforts that are needed for regional sustainability. She said that she would continue to be very thoughtful in her consideration of the questions and deliberations that are asked of her during the next term and she looks forward to the work at hand and will try to be ready for the surprises and challenges that none of us are prepared for today. She thanked the community for allowing her to be a community steward representing all of the citizens of Beaverton.

Mayor Drake stated that he would accept a motion for the position of Council President.

Coun. Stanton thanked everyone for allowing her to be Council President for 2006, and made a motion to nominate Coun. Dennis Doyle for Council President for 2007.

Coun. Stanton MOVED, SECONDED by Coun. Bode, that Dennis Doyle be elected Council President for 2007. Roll Call vote. Couns. Arnold, Bode, Dalrymple and Stanton voting AYE, the MOTION CARRIED unanimously (4:0).

Coun. Bode thanked Coun. Stanton for the great job she did as Council President in 2006.

PRESENTATIONS:

07001 Presentation of the Distinguished Budget Presentation Award and Certificate of Recognition for Budget Preparation to Joanne Harrington for the City's FY 2006-07 Annual Budget Document

Finance Director Patrick O’Claire introduced J.J. Schulz and JoAnne Harrington. He said this was the City’s 19 th consecutive year for receiving the award, which demonstrated the high quality of the budget document that the City produces. He said the budget document would soon be available on the City’s website in full form.

07002 Presentation of the Certificate of Achievement for Excellence in Financial Reporting and the Award of Financial Reporting Achievement to J.J. Schulz for the City's FY 2004-05 Comprehensive Annual Financial Report.

O’Claire presented this award to Schulz, and stated that this was the City’s 27 th consecutive year of receiving this award.

Mayor Drake commended O’Claire’s managerial effectiveness and credited him for his ability to work for the citizens with fiscal integrity. He commented that there was a high standard set every year and O’Claire and his staff have been great employees within the City.

O’Claire also acknowledged the excellent work of Assistant Finance Director Shirley Baron-Kelly and said she had been instrumental in motivating staff to accomplish and achieve these awards.

Mayor Drake agreed that Baron-Kelly was to be commended and he thanked them for serving the City with dignity and distinction.

Mayor Drake and Coun. Doyle commended the Finance Department staff and thanked them on behalf of the citizens as well.

Coun. Stanton explained what the Certificate of Achievement for Excellence in Financial Reporting was and said it showed that the City was financially healthy and its funds are well managed. She said the “Spirit of Full Disclosure” was a term that should be viewed as transparency for the City and was available on the City’s Website. She said the guideline for the Budget Document awards stated that the budget was a policy document; it explained why the City wanted to spend the money that it had planned to spend. She explained it was also a financial plan to show where the City obtained the funds, how it secured the funds, and what it did with the interest on the funds that had accumulated interest. She said it was an operations guide because it was viewed by every department and documented each department's plan for the coming year. She said everyone could view where the City will be spending its money; it was a comprehensive look at what the City will be doing this next year.

Coun. Stanton encouraged everyone to take an opportunity to read the Finance document, and thanked the Finance Department staff for their hard work.

VISITOR COMMENT PERIOD:

Barbara Wilson said on November 13, 2006, the Mayor signed a Climate Protection Agreement that was approved by Council. She said the document was non-binding, but it was her hope that there would be commitment to the document. She talked about her global warming concerns.

Wilson said City crews went to Berthold Street and removed a 50-year old, 55- foot healthy tree (weighing 9,000 pounds) for the purpose of holiday decoration at The Round. She asked how that fit with City policies. She reviewed the price and cost of moving a tree, the City's involvement, and the safety of a City crew removing a tree of that size. She questioned the administrative guidelines within the City. She said she did not want to see City employees searching for trees to cut. She commented that if the Operations Department continued to cut trees for holiday trees, the City would lose a lot of trees. She said an alternative would be to dig a hole and plant a tree at The Round, or use an artificial tree or for a live tree, go to a tree farm. She stated that she was searching for a policy on this issue. She closed by saying that she thought that the removal of this tree was totally unnecessary, environmentally insensitive and wasteful.

Mayor Drake said that Ms. Wilson had a lengthy conversation with the Public Works Director last week. He explained that Mr. Williams (property owner) was going to cut the tree down and if the City had gone out and cut another tree that would have been two trees lost. He said the trees for the previous two years at The Round were removed for projects, so the City had recycled those trees. He said the City always follows all requirements of OSHA and good common sense. He said some of the work was contracted out in the removal of Mr. William’s tree. He said Beaverton was proud to be a “ Tree City USA.” He said the City valued trees and it was Mr. Williams’ right to take the tree down.

Wilson concluded that she didn’t want the City facilitating the cutting down of trees.

Coun. Bode asked for clarification that the homeowner, Mr. Williams, wanted the tree removed and verified that he was willing to pay for a service to come and take the tree out. She clarified that the City was not entering into a tree removal service, reiterating the importance of building community and traditions.

Henry Kane said the purpose of the letter he submitted was to assist the City to enforce Measure 37 (in the record). He said the documents he had attached explain the intention. He said the City Council was not supposed to be a rubber stamp; the applicant had the burden. He said the City has adopted regulations that Measure 37 authorizes and those regulations have the force of the statute. He said a lot was at stake; livability, unacceptable development, or simple compliance with the Oregon Constitution that states if property was taken for a public use, then the owner is entitled to compensation. He said he would be submitting a detailed analysis of the Peterkort claim of $9,000,000.00 and that will be copied to the Peterkort representative so they would have an opportunity to respond.

Harry Bodine said he and Pat Biggs wished to recognize Mayor Drake for stepping forward and assisting with county wide library levy. He said the Mayor brought in mayors and councilors to help with the campaign.

Bodine said “People for Libraries”, a political action committee that was formed many years ago for the single purpose of passing county-wide library service levies in Washington County, would continue to work as the organization has to be maintained. He said people will need to hold the committee together until the next campaign in 2010.

Bodine thanked Michele Caldwell and Tony Lemay (Library employees) for working on the library levy.

Mayor Drake said the two of them had been the inspiration and he had chaired the campaign for they all loved the library. He said Bodine had been active in the Cedar Mill Library, which was not within the city, but that the library has done very well thanks to the Bales family and their passion for the library. He said the City employees campaigned for the levy on their own time.

Biggs stated that Washington County had a really good concept that a citizen can check out a book from one library and return it to another library within the district. She said if that Library did not have the book, they could order it from another library and it would be in your library the next day if it was available. She said that was a very efficient way to run a system. She stated that it was their “Sayonara;” that she and Harry were getting old but they were leaving a fairly extensive suggestion list and timeline of how the committee works and how to campaign.

Coun. Arnold said that she wanted to thank Bodine and Biggs for all of their hard work and help with the libraries throughout the years.

Coun. Stanton seconded the thank you for all of their hard work over the years.

COUNCIL ITEMS:

Coun. Stanton said as of the first of this year the Library was now open at 10:00 a.m. every morning except Sunday (those hours remain 1:00p.m. to 5:00 p.m.). She stated that there was a Volunteer Day coming up at Greenway Park where they would be planting native trees and shrubs to expand the natural habitat areas, tools, gloves, snacks, and water would be provided. She suggested that citizens access the Greenway Association website; there will be volunteer days coming up in February, the 10 th and 24 th, and in March, the 3 rd and 10th from 9:00 a.m. to 1:00 p.m. She asked citizens to come and plant some trees!

Coun. Dalrymple said it seemed that when a property comes into the city it does not have a land use designation. He said he would like for staff to respond by informing the Council why they can not define what the land use should be by the time the property is brought into the city.

Mayor Drake said because of Ballot Measure 37, and also because of the uncertainty of the appeals, they did not go the next step to make the date of the actual zone change closer to the annexation. He said there were a lot of uncertainties, and they did not want to go through the drill of doing it and having potential reversals due to Measure 37.

Coun. Dalrymple said he would like a staff response.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

Coun. Doyle MOVED, SECONDED by Coun. Dalrymple, that the Consent Agenda be approved as follows, noting that Agenda Bill 07003 would be pulled for a later date:

Minutes of the Special Meeting of July 24, 2006, and the Regular Meetings of November 13 and December 4, 2006

07003 A Resolution Adopting the City of Beaverton Habitat Friendly Development Practices Guidance Manual (Resolution No. 3885) Pulled

07004 Authorize the Mayor to Sign an Amendment to the Intergovernmental Agreement with Washington County Oregon, to Continue to participate in the Department of Homeland Security’s Urban Area Security Initiative Grant Awarded to the City of Portland (Resolution No. 3886)

07005 Liquor License: New Outlet – Pizza Schmizza; Change of Ownership - Tanya's European Deli

07006 Staffing Change - Court Clerk (Resolution 3887)

07014 Establish two Nine-Month limited Duration Positions in Support of a the Locating Program and Special Purpose Budget Adjustment Resolution (Resolution 3888)

Contract Review Board:

07007 Bid Award – Wilson Drive Waterline Replacement Project

 07008 Rejection of Bid – Beaverton Central Plant Building E & F Underground Piping and Mechanical Room Project #2027-07

Coun. Stanton said she would abstain from voting on the November 13, 2006, minutes as she was not at that meeting. She said she had a change for the December 4, 2006, minutes and she had two questions regarding the July 24, 2006, minutes.

Coun. Doyle asked about AB 07008, the rejection of the bid for the Central Plant.

O’Claire responded that the project had been bid, but it had been separated out for two separate bids. He said the bids would not close for another week or so.

Coun. Stanton said they put a stipulation that it not exceed a certain dollar amount. She inquired about the fact that now that it had been split into two separate pieces, would there be some mechanism for the dollar amount to be reflected.

O’Claire said as part of the bid process each piece will be identified.

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

RECESS:

Mayor Drake called for a brief recess at 7:30 p.m.

RECONVENED:

Mayor Drake reconvened the meeting at 7:45 p.m.

PUBLIC HEARING:

07009 Rose Biggi Avenue Street Vacation (SV 2004-0002)

Senior Planner John Osterberg read a prepared statement defining the process that needed to be followed for this hearing, including various required disclosure statements (in the record).

Osterberg asked if any City Councilor had a potential or actual conflict of interest.

There were none.

Osterberg asked if any City Councilor had any ex parte contact to declare.

Mayor Drake noted that, serving as the City’s Chief Executive, he had questions raised by Mr. Beech regarding procedure and process but that he felt that none of that would be an issue in the event that he would have to vote to break a tie, nor would he have any bias in any way and said he would be very comfortable with doing it if it came to that.

Coun. Stanton stated that she was acquainted with Mr. Biggi.

Coun. Dalrymple stated he was a friend of Mr. Biggi.

Coun. Doyle said he was a friend of Mr. Biggi but that would not influence him.

Coun. Arnold said she also knew the Biggi’s.

Osterberg asked if any Councilor wished to declare any site visits.

Mayor Drake stated that it might be fair to say that they had all driven by the site and were familiar with it.

Osterberg asked if any member of the audience wished to challenge the right of any Councilor to participate in this hearing, or wished to request a continuance of the hearing to a later date.

There were no challenges.

Osterberg explained the order of the public hearing process (in the record).

Osterberg presented the staff report. He said the applicant, also referred to as the Petitioner as required by law, was requesting a portion of the Rose Biggi Avenue for a street vacation. He said that was the portion that was being requested for the Street Vacation and that would transfer the ownership back to the private property owner. He said staff had made findings that there was no impact to the Rose Biggi improvement and the recommendation was that the City Council approve the request.

Coun. Stanton referred to the maps (pages 25 and 46) strike out for the proposed vacation and the streetlight involved; she referred to page 25 and asked if that piece was part of the street vacation. She asked what rights the City would have for access to that site. She asked if the utilities were underground and accessible or were they above ground.

Osterberg said the two maps were different. He said one reflects the submittal by the applicant. He said the transmitter was above ground. He said the easements were needed for the access.

APPLICANT

Mr. Dominic Biggi said originally this was going to be a fire lane, from Beaverdam Road and Tualatin Valley Highway back to the vault, for the power for the light rail station. He said his family didn’t want a nice bike path there; they thought a roadway would be more valuable to the City for redevelopment in the long term, so his father donated the land. He said they had followed cumbersome State law over a two-year application process and he expressed gratitude to the staff for sticking with him over that time. He said he supported the staff approval to recommend the action. He stated that he did not want to go through a ballot Measure 37 claim, that he didn’t feel that would be the proper process but that he should just go through the State process to do this the right way, even though it took a long time. He said he was grateful that everyone stayed with it.

Mr. Umrein asked if the easement concerned his property.

Mayor Drake stated that his property was southwest of the location that was being discussed.

Mayor Drake closed the public hearing.

Coun. Stanton MOVED/SECONDED by Coun. Bode, that the Council approve the Street Vacation SV 2004-0002. Roll call vote. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously (5:0).

ORDINANCES:

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinances embodied in Agenda Bills 07010, 07011, 07012, and 07013 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, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

First Reading:

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

07010 An Ordinance Amending Ordinance No. 4060, Engineering Design Manual and Standard Drawings (Ordinance No. 4417)

07011 An Ordinance Amending Ordinance No. 2050, the Development Code, By Amending and Adding Provisions Relating to Transportation TA 2006-0011 (Ordinance No. 4418)

07012 An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Located in the General Vicinity of West Stark Street, North of US 26 and West of SW Corby Drive; CPA 2006-0014/ZMA 2006-0017 (Ordinance No. 4419)

07013 ZMA 2006-0018, Corridor Court Rezone; An Ordinance Amending Ordinance No. 2050, the Zoning Map for Two Properties Located in North Beaverton from Office Commercial (OC) to Community Service (CS) (Ordinance No. 4420)

Second Reading:

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

06234 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 Located in Central Beaverton; CPA 2006-0015/ ZMA 2006-0020 (Mobile Home Corral) (Ordinance 4416)

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that the ordinance embodied in Agenda Bill 06234 now pass. Roll call vote. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

EXECUTIVE SESSION :

Coun. Bode MOVED, SECONDED by Coun. Stanton, that Council move into executive session in accordance with 192.660 (2) (d) labor negotiations Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

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

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

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

ADJOURNMENT:

There being no further business to come before the Council at this time, the meeting was adjourned at 8:50 p.m.

APPROVAL:

Approved this 22nd day of January, 2007.

__________________________________
Rob Drake, Mayor