BEAVERTON CITY COUNCIL
REGULAR MEETING
SEPTEMBER 10, 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, September 10, 2007, at 7:34 p.m.

ROLL CALL: 

Present were Mayor Rob Drake, City Councilors Catherine Arnold, Betty Bode, Bruce Dalrymple, Dennis Doyle and Cathy Stanton.  Others present were:  City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop, and Deputy City Recorder Catherine Jansen. 

PRESENTATIONS: 

07186  Gary Lampella, President of Oregon Building Officials Association, presented the Building Official of the Year Award to the City’s Building Official Brad Roast.  He said this award was given annually to the individual who had contributed the most in their work for the OBA.  He said it was the highest award granted by the OBA. He thanked Roast for his contributions to the OBA and thanked the City for allowing Roast to belong to the OBA.    

Roast thanked Lampella and the OBA for the award.    

Coun. Stanton said that we were blessed to live in a country and state that has building standards to protect everyone.  She thanked Roast for his expertise and experience.

Coun. Arnold thanked Roast for his work and explained how the OBA helps everyone throughout the state. 

VISITOR COMMENT PERIOD:

Francine Kaufman, Beaverton, said she was perplexed about the process for appealing a land use decision.  She said she found the process and the information available confusing.  She asked that the City’s information material on the appeal process and fees be revised to be simpler and user-friendly so that people could read and understand the process. 

Joel VandeStreek, Beaverton, asked how the Council applied Council Goal 6, Manage Growth and Respond to Change Consistent with Maintaining a Livable Full-service City.  He said his neighborhood had changed a great deal since the zoning was originally set 30 years ago; at that time the streets were gravel and dirt and the area included a big empty field.  He said the neighborhood went from a sparse population to medium-high density and the zoning should have changed over the years.  He asked what the City’s process was for re-evaluating zoning designations that were set over 30 years ago.

Mayor Drake replied it was a long process and this site had been zoned industrial for many years.  He reviewed how that neighborhood along Fifth and Seventh Streets grew over the decades, into a nice residential neighborhood with well maintained homes.  He said the City had tread lightly on rezoning property and it would not unilaterally rezone someone's property especially in this post Measure 37 era.  He noted there was an application for development in that area that VandeStreek did not support.  He encouraged VandeStreek to go through his Neighborhood Association Committee (NAC), for that NAC had a long history of involvement and rational dialogue with the City.   

Coun. Stanton said the City applied Goal 6 several years ago when Metro had set targets to add 23,500 housing units and 28,000 jobs within the existing Beaverton city limits.  She said this was done by changing zoning designations.  She said in 1988 the Development Code was changed to allow Multi-family in Office Commercial zones.  She said that was one way the City managed growth and maintained the livability of the community.  She said the subject property had that zoning.

VandeStreek asked if it would ever be in the City’s interest to ask a landowner to consider rezoning his property.

Coun. Stanton said that was done in the downtown area off of 114th Avenue when the City did an overlay for future development.  She said an overlay would not rezone an area, but it would designate an area for future development.  She said overlays were usually done for geographic areas not for a single piece of property.  

Tom Black, Hillsboro, said he was involved in the planning for the future of the Fair Complex property in Hillsboro.  He said a Task Force was formed to determine what to do with that property and how to fund its redevelopment, which could include a convention center.  He said that Beaverton had a similar situation with the Westgate property.  He asked if a convention center could be included in the Westgate development for he felt it was more viable in Beaverton than in Hillsboro.

Mayor Drake said the City was in the middle of a lengthy process for Westgate.  He said the Request for Qualifications had not included a convention center, but that would not preclude a hotel with meeting space.  He said that once the developers were selected to submit a Request for Proposal, they would return with development proposals that would go before the public for review and comment and to Council for approval.  He said the City did not intend to be the landowner; it would sell the land to the developer.  He said that would meet the commitment made earlier that the area around light-rail would be redeveloped. 

Black said that the Chair of the Fairgrounds Revitalization Task Force was Washington County Commission Chair Tom Brian and the Co-Chair was Hillsboro Mayor Tom Hughes.  He said Hughes was looking out for Beaverton’s interests.  He distributed a schedule of the Task Force’s meetings and said he thought the City would be interested in what they were doing.  

Mayor Drake said he was keeping in touch with the Chair and Co-Chair on this issue.

COUNCIL ITEMS:

Coun. Bode said that Washington County was selected to participate in a study by the National Center of Health Statistics on the health of residents in the United States.  She said from September 11 through November 6, 2007, a mobile van would be out collecting survey data through household interviews and standard medical exams in their mobile exam center.  She said that data would eventually be pulled together and compared with the health of people in other counties throughout the United States.  She urged people to participate if they were called.

Coun. Doyle reminded everyone that the Beaverton Celebration Parade was on Saturday, September 15, 2007, at 10:00 a.m.  He invited everyone to join the fun. 

Mayor Drake added that the Old Town Festival was taking place after the Parade, from noon until 4:00 p.m.; Broadway would be closed off and people could visit the merchants and enjoy the music and displays.  He said it would be a lot of fun.

Coun. Stanton urged people to get their "passports" at the Downtown Festival and they could participate to win prizes donated by the merchants on Broadway Street.

Coun. Dalrymple asked if the Council could have a work session with the stakeholders in Washington County to review the plans for the North Bethany area.  He said he thought it would be good to hear the stakeholders’ thoughts and the options being considered for that area, since it could be in the City's service area someday.  

Mayor Drake said he had discussed this with the County Commission Chair Brian and there would be a meeting in the future.
  
STAFF ITEMS:

There were none.

CONSENT AGENDA:

Coun. Doyle MOVED, SECONDED by Coun. Arnold that the Council approve the Consent Agenda as follows:  

Minutes of the Regular Meeting of August 20, 2007

Coun. Stanton said she had minor revisions to the minutes that she would give to the City Recorder.
Couns. Arnold, Bode, Dalrymple, Doyle, and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)  Coun. Bode abstained from voting on the minutes as she was not present at that meeting.  

ACTION ITEM:

07187 Selection of Respondents to Request for Qualifications - Westgate Redevelopment

Chief of Staff Linda Adlard, Plant Manager Lonnie Dicus and Megan Gibb, Metro Transit Oriented Development Program, introduced themselves.   

Adlard reviewed the staff report.  She said that both recommended firms (Apex Investment Group and Urban Renaissance Group) were highly qualified and experienced.  Apex has been involved in large projects in Seattle, Las Vegas and Portland; Urban Renaissance was involved in the Kruse Oaks/Kruse Wood developments, in large housing developments and with the urban infill projects in Redmond, WA.   

Adlard reviewed the next steps in the process.  She said the firms selected would be asked to participate in a Request for Proposal (RFP); the RFP contains specific criteria on what the City would like to see on that property.  After the RFPs were received the public would have the opportunity to review the proposals; this would be scheduled around November 15.  She said between November 15 and the end of the year the Council would review the comments received, incorporate them as desired, and select the developer for this project.  

Dicus reviewed in detail the process that the City and Metro went through for the RFQ.  He said the process concluded with six respondents to the RFQ and from those six, the two firms that were recommended were deemed the most qualified in terms of project experience, development teams, and financial resources.

Gibb said Metro worked on these projects throughout the region.  She said this had been a positive collaborative process with the City and they were excited to be part of this project. 

Dicus concluded this had been an exhaustive and thorough process and he was pleased with the outcome.  He expressed confidence in both of the recommended developers. 

Coun. Bode asked what the next steps would be in terms of business and community involvement.  

Dicus said the drafting of the RFP was currently underway; it would specifically define what the City was looking for in that project  He said once the RFPs were received, the public would be invited to comment on the conceptual plans.  He said the conceptual plans would then be modified based on comments from the public and the City Council.  

Coun. Doyle asked when the Council would see the draft RFP and if there would be a work session concerning the draft. 
 
Adlard said the RFP should be completed in the next couple of weeks and Council could have a work session to review the document.  She said the most interesting part of the process would be to allow these firms the freedom to use their creativity to design this project, for they know how to build these complex units to the green standards and make them pedestrian friendly and transit oriented. 

Coun. Doyle said he was not suggesting that Council get into the details of the project, but he thought the Council should review the RFP and provide input.

Coun. Stanton said she would like to review the RFP before it goes out because the Council may have an idea of what it wants in that area.  She questioned when the open house and Council decision would occur.  

Adlard said the open house town meeting would be around November 15th; the comments from the open house and the Council would be incorporated into the conceptual plans.  The plans would go to Council for decision prior to January 1, 2008.  She said this was an aggressive schedule but she felt it could be done.  

Coun. Stanton said she felt it was better to spend more time at the beginning of a process to allow adequate time for review.

Coun. Doyle asked about the financial capabilities of both companies.

Dicus said both companies were financially strong, far exceeding the other respondents to the RFQ.  He said both companies demonstrated that they could finance a $100 million project.  He said the companies had considerable experience and success with comparable projects, had impressive development teams, and were experienced in working through the public process.   

Coun. Dalrymple asked what percentage of response had been expected with the 500 companies initially contacted.

Dicus said Metro helped develop the list of contacts and it was similar to the list used by the Portland Development Commission (PDC) for the Centennial Mills Project.  

Gibb said this was a resource list of architects and designers throughout the country. 

Coun. Dalrymple said he was concerned that the process started with 500 contacts, 100 responded, and concluded with only two applicants for the RFP.  He asked if the bar was set too high in the RFP process thus limiting the number of respondents.  

Dicus said that the PDC began with a similar list as that used by the City; it received nine responses and selected three developers for the Centennial Mills Project.  He said the City received seven responses, one dropped out, and two developers were recommended.  He said the process did not begin with an expectation on the number of respondents.  He said staff compared the criteria for each respondent and there were two that were "head and shoulders" above the rest.  He said both of the respondents asked to meet with staff and talk about the plan and it was clear both were extremely motivated to pursue the project. 
Adlard added that this project site was five acres and the developer will have to be very creative and will have to densify the site in order to make it financially feasible.  She said it will take a sophisticated team to develop this site with many different features.  She said this was not a normal retail or housing development.

Coun. Dalrymple asked how the RFQ would fit within the City’s visioning process and if the timing was right.  He asked if this would limit the visioning process.

Adlard said the part of the visioning process that had been completed, as related to the Westgate site was the Central Plant.  She said that was why that was done first to give the public the opportunity to comment.  She said if more ideas for that area are received at the visioning process in November, they can be incorporated into the plan along with the citizens’ comments from the November 15th town meeting.  

Coun. Dalrymple said he thought it was important to ask the question so that people watching the meeting would understand the big picture.  

Coun. Arnold asked Gibb if having two developers entering an RFP process was sufficient. 

Gibb said that was sufficient.  She said having two developers in the RFP process, engaged them in a higher-level competition.  The developers will be more motivated and will put together a strong proposal.  

Coun. Stanton said she thought having two developers was fine and if one were to drop out, nothing would preclude the City from starting the process over.  She said she was comfortable with going forward.  She thanked everyone for their hard work.

Coun. Doyle thanked Gibb for Metro's involvement for it brings a different level of expertise and perspective to the project that has been very helpful.  

Mayor Drake added that the City had worked with Metro over the decade on many plans and projects.  He said this project was consistent with what had been discussed for a long time.  He noted that the public process was slower than the private sector to allow the public the opportunity to participate.  He said Metro's work was appreciated on this and past projects. 
 
Coun. Bode MOVED, SECONDED by Coun. Stanton that Council select the developers Apex Investment Group and Urban Renaissance Group from the respondents to the Request for Qualifications-Westgate Redevelopment to proceed to prepare proposals for the Request for Proposal-Westgate Redevelopment.  Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (5:0)

PUBLIC HEARING:

07185  Appeal of Pebblestone Subdivision (APP 2007-0014/APP 2007-0015/APP 2007-0016/APP 2007-0017/APP 2007-0018)

The appeal was withdrawn prior to the Council meeting. 
 
RECESS:

Mayor Drake called for a brief recess at 7:50 p.m. 

RECONVENED:

Mayor Drake reconvened the meeting at 8:03 p.m.

WORK SESSION:

07188  Work Session Regarding Establishing the Beaverton Municipal Court as a Court of Record 

City Attorney Alan Rappleyea presented a PowerPoint presentation on the benefits of being a Court of Record and the costs associated with making this change (in the record). 

Coun. Arnold asked why victims and witnesses would not have to appear at a second trial.

Rappleyea said in a Court of Record there was only one trial at the Municipal Court.  He said an appeal would be heard by the Court of Appeals but that would not be a trial; and the Court of Appeals would only review legal issues.  

Coun. Stanton asked about the cost for filing at the Court of Appeals.

Rappleyea said he did not know the exact cost, but it was not high for this was a guaranteed right.  He said this would reduce the number of trials at Circuit Court. 

Coun. Dalrymple asked for clarification concerning the statement that the Court of Record would provide "more accurate court rulings."

Rappleyea said if the Court had questions about the testimony or legal arguments made during a trial, it would be able to listen to the recorded audio tape of the trial.

Coun. Stanton confirmed with Rappleyea that annually 16 cases go to Circuit Court, out of a total of 1400 cases.  She said as the Circuit Court was in Hillsboro and the Court of Appeals was in Salem, this was not an apple-to-apple comparison.

Rappleyea reviewed the estimated costs for the 16 cases that go to Circuit Court. He said a Court of Record could save the City $24,888 annually in court costs.  He said  that savings did not include police overtime or the refunded fines that the City has to turn back.  He said a Court of Record would also ease the burden on the City Attorney's Office. 

Human Resource Director Nancy Bates reviewed the equipment needed for a Court of Record, noting the estimated cost for equipment and software was $10,153.

Rappleyea summarized that under the Court of Record, the new appeal process would be:  Municipal Court to Court of Appeals.  He said the current appeal process was: Municipal Court to Circuit Court to Court of Appeals.  He reiterated that the victims, defendants and the City would benefit from this change.

Coun. Stanton questioned how police overtime costs would be reduced since the Circuit Court was closer to Beaverton than the Court of Appeals in Salem.

Rappleyea said the police officers would not go to the Court of Appeals.  He added that the Circuit Court costs would be reduced because the Oregon Department of Justice would do the review and the City would not be at Circuit Court.  He said the City would go directly to Court of Appeals.

Coun. Bode asked how many cities had Courts of Record.

Rappleyea said Lake Oswego and St. Helens had Courts of Record.  He said City staff met extensively with the Lake Oswego staff, who were happy with the change to a Court of Record.

Coun. Arnold asked how many Municipal Courts there were in the state.

Rappleyea said he thought there were 16 in Oregon though Beaverton was the busiest court.  He said the other cities use the Circuit Court.  

Coun. Dalrymple said he did not want to take away any citizen's due process rights for the sake of efficiency.  He said he understood that this would not impact an individual's rights if they were charged with a crime; they would still have every opportunity to defend themselves.  He said the difference he saw was that this would eliminate a de novo process, for currently anyone appealing a Municipal Court decision can use the Municipal Court proceedings as part of their case.

Rappleyea said that was correct a defendant would still have the right to a jury trial and right of appeal, and the case has to be proven beyond a reasonable doubt.  He said the constitutional rights were not changed at all and if someone thought there were flaws at the Municipal Court level, it would be handled by the Court of Appeals.

Coun. Doyle said he felt this was the way to proceed; it benefited everyone and saved on costs for the City and citizens.  He said he felt this was also being sensitive to victims who were going through a traumatic process.  He said better service, process and review made this a positive step for the City.  

Coun. Stanton read from Section 4 of the ordinance "…is hereby authorized to do all acts and things...:  and asked that the phrase "and things" be removed.

Rappleyea said an ordinance would be brought back to Council for first reading. 

ORDINANCES

Coun. Doyle MOVED, SECONDED by Coun. Stanton that the rules be suspended, and that the ordinance embodied in Agenda Bill 07189 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:

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

07189  An Ordinance Amending Ord. 2050 Beaverton Development Code Chapter 60, Special Regulations, Section 60.05 Design Review, 60.05.55.1 Regional Center Major Pedestrian Route Map TA 2007-0001 (Ordinance No. 4453)

Rappleyea said there was a minor procedural error in the first reading of Ordinance No. 4452 (Agenda Bill 07184) at the meeting of August 20, 2007.  He said the motion to suspend reading passed but Coun. Dalrymple had voted no because he did not support the ordinance.  He said the ordinance had its first reading after that motion, but per the Beaverton Charter because the vote was not unanimous, the ordinance should have been read in full.  He said Coun. Dalrymple had no objection to suspending the rules.  He said to correct the error the first reading would be reconsidered at this meeting and the second reading would be held at the next Council meeting.   

Motion to Reconsider Agenda Bill 07184:

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that pursuant to City Code Section 2.11.020.I, that the City Council reconsider Agenda Bill 07184 regarding an ordinance to adopt procedures for reviewing the candidate’s statements in the City’s voter’s pamphlet.  Coun. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (5:0)

First Reading:

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinance embodied in Agenda Bill 07184, 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)

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

 07184 An Ordinance Amending Chapter 2 of the Beaverton City Code to Adopt Procedures for Reviewing Candidate Statements in City Voter’s Pamphlet (Ordinance No. 4452)

EXECUTIVE SESSION:

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that Council move into executive session in accordance with ORS 192.660 (2) (d) to conduct deliberations with the persons designated by the governing body to carry on labor negotiations. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (5:0)

Mayor Drake declared a brief recess at 8:35 p.m. for setup of the executive session. 
He reconvened the meeting at 8:39 p.m. with all Councilors present.

The executive session convened at 8:39 p.m.

The executive session adjourned at 8:53 p.m.

The regular meeting reconvened at 8:53 p.m.

ADJOURNMENT:

There being no further business to come before the Council at this time, the meeting was adjourned at 8:54 p.m.

APPROVAL:

Approved this 1st day of October, 2007

__________________________________
Rob Drake, Mayor