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BEAVERTON CITY COUNCIL
REGULAR MEETING
AUGUST 4, 2003
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 Chambers, 4755 SW Griffith Drive, Beaverton,
Oregon, on Monday, August 4, 2003, at 6:44 p.m.
ROLL CALL:
Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth
and Cathy Stanton. Also present were Interim City Attorney Bill Scheiderich, Finance
Director Patrick O'Claire, Community Development Director Joe Grillo, Engineering
Director Tom Ramisch, Operations/Maintenance Director Gary Brentano, Library Director
Ed House, Interim Human Resources Director Jim Hough, Police Chief David Bishop,
Utilities Engineer David Winship, and Deputy City Recorder Catherine Jansen.
CITIZEN COMMUNICATION:
Robert Maas, Beaverton, said code enforcement was one of his pet peeves and he
addressed the Council with some of his observations. He said he was concerned about
the proliferation of illegal political and business advertising signs in the City. He said he
spoke to the managers of two apartment complexes on Murray and they removed the
illegal signs. He expressed his frustration with the Russ Auto Dealership’s illegal signs; he
commented that there were twenty illegal signs on the property that said the same thing.
He also reported that at 7035 SW Juniper Terrace there were some Mugho Pines that
protruded into the street a foot and a half and interfered with sight clearance at that
intersection. He concluded that the City should put some teeth into the laws or forget
them altogether.
Mayor Drake thanked him for his comments and noted Maas had contacted the City
earlier about this issue. The Mayor explained he personally inspected the Mugho Pine on
Juniper; it met the Code requirements and he could easily see on both sides of the
intersection. He said he appreciated Maas’ efforts and explained it was a fine balance
between business owners who felt they are being run out of town with all the regulations
and having an attractive community. He noted Code Enforcement staff worked actively to
enforce the Code and would continue to be vigilant. He also noted during elections, staff
conducts multiple sign sweeps to pickup illegal political signs. He said he asked staff to
bring some potential Code changes back to Council for modification, to find a balance
between the businesses and the community.
Henry Kane, Beaverton, explained in December, 1999 Council voted to reverse the
Planning Commission’s decision to approve Fantasy Adult Video’s request to operate 24
Beaverton City Council
August 4, 2003 – Minutes
Page 2
hours a day. He said LUBA affirmed this decision on the basis that there was substantial
evidence this extension of time would be harmful. He said he presented this information
to the Planning Commission at its recent hearing on Fantasy Video’s application to extend
its hours of operation. He expressed concern that the Planning Commission approved the
request. He said the Commission ignored the large body of evidence against this
application and did not have legal guidance from the City Attorney’s office. He questioned
that community development staff had written the order; not the city attorney’s staff. He
asked that the Council look at the evidence in the record and the opinion. He noted the
Council could remand this back to the Planning Commission to make findings of fact on all
the evidence. He said there were problems for neighboring property owners which he
attributed to Fantasy Video. He stressed that such a business should not be located so
close to two residential areas. He urged the Council to discuss this with the City Attorney.
Mayor Drake explained that this could be brought before Council on appeal and it would
not be proper to comment at this time.
Coun. Soth agreed with Mayor Drake and noted if this was appealed, that would be the
time to address Kane’s issues.
Gregory Kurahashi, Beaverton, said he owned property located off of Barrows Road
adjacent to a large development that was under construction. He said he had owned the
property for about ten to fifteen years with a partner from Hawaii. He said their intention
was to develop the property so he could move his office from another location. He said
they had a permit to develop forty-two apartment units but their plans were delayed due to
the cost of construction. He said last year (October 2002) they had a meeting with the
neighbors to discuss constructing a multi-use facility and the property was rezoned by the
City to accommodate that facility. He said he had planned to move to that facility in
December, 2003, but he was not sure he could do that now because the development
next to him would be larger than his and they could offer rent reductions to fill their office
space which would compete with leasing of his office space. He said with the realignment
of Barrows Road going through the pit, he would no longer be the only person on that road
with a large parcel.
Kurahashi noted the new development would realign the road; the concept plan showed
the realignment and the transportation plan was redone so the roadway could go through
the parcel. He said the City Council and the Planning Commission did not realize that the
plan had a possibility of crossing the parcel that he owned. He said during Design Review
(after the City had made decisions based on not realizing that property would have to be
condemned) the property was crossed in the final plan. He said this situation would make
it hard for him to lease the property. He said the City had approved the condemnation of
the property; which created a burden for him for another owner would have better property
due to his property being given to the City for the roadway.
Kurahashi said he had talked to LCDC for information about the process. He stated there
was a way to not cross his property and still allow the alignment to go through, though it
might effect the other development. He said he would prepare a written statement for the
next meeting.
Mayor Drake thanked him for his comments.
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August 4, 2003 – Minutes
Page 3
COUNCIL ITEMS:
Coun. Soth reported the final contract had been signed with the prospective new City
Attorney and everything was in order.
Coun. Doyle thanked Coun. Soth for his assistance with the city attorney’s contract.
Coun. Doyle MOVED, SECONDED by Coun. Soth that the City Council ratify the
appointment of Bill Scheiderich as Interim City Attorney, per existing Out-of-Class Policies
the City has in place. Couns. Bode, Doyle, Ruby, Soth, and Stanton voting AYE, the
MOTION CARRIED unanimously. (5:0)
Mayor Drake noted the agenda bill to appoint the new City Attorney would be scheduled
for the next city council meeting, August 11, 2003.
Coun. Doyle reminded everyone that August 5, 2003, would be National Night Out at
Griffith Park, from 6:00 – 8:00 p.m. He noted the Police Department would be conducting
various events and refreshments would be provided. He urged everyone to attend.
Coun. Stanton announced the Beaverton Arts Commission would be hosting two events,
Beaverton Community Band would be performing Wednesday night (August 6th) on the
Library lawn from 7:00 – 8:00 p.m. and “an Evening of Cabaret” would be Wednesday
(August 13th) at the Beaverton Town Square.
STAFF ITEMS:
Mayor Drake introduced Interim Human Resources Director Jim Hough, the former city
manager of Reedsport.
Finance Director Patrick O’Claire said he had four items to report to Council.
O’Claire reported the City received the first phase of the fire insurance settlement today, in
the amount of $1 million. He said the second phase was $247,000 and it would come in
September. He noted from the first phase, the City would take $250,000 as the proceeds
from the settlement; the remaining $750,000 would go to the insurance carrier to cover the
costs to bring the building back up to pre-existing standards. He added the full amount of
the second phase would go to the insurance company.
O’Claire explained the refunding issue for the 1994 and 1997 Bonds was currently on
hold. He noted rates have gone up significantly in the past month so that currently the
City did not meet the 3% savings requirement. He said staff was recommending
proceeding with the refunding, but waiting to act until September in anticipation of better
rates.
Coun. Stanton confirmed with O’Claire that the City was protected to ensure the refunding
would go through to the City’s financial advantage.
Mayor Drake asked how long staff would wait.
O’Claire replied they were looking at the first week of September.
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August 4, 2003 – Minutes
Page 4
O’Claire explained this week City staff would send out 16,000 information packets to its
utility customers, offering direct debit capabilities. He gave Council the packet of
information that would be sent to customers.
O’Claire said he was notified this morning that the City’s Annual Financial Report for Fiscal
Year 2001-2002 received the GFOA Award for Excellence in Financial Reporting.
CONSENT AGENDA:
Coun. Doyle MOVED, SECONDED by Coun. Soth, that the Consent Agenda be approved
as follows:
Minutes of Regular Meeting of July 14, 2003 and Special Meeting of July 23, 2003
03175
Findings and Order Denying Appeal and Upholding Planning Director’s Interpretation; DI
2003-0002/APP 2003-0007; Eating and Drinking Establishment in the Campus Industrial
District; C. E. John Company, Inc., Applicant and Appellant
03176
A Resolution Approving a Proposal by the Tualatin Valley Water District to Annex Territory
Within and Without the City Limits to the District Boundary (Resolution No. 3727)
03177
Reallocate Salary Grade for Legal Secretary Classification
03178
Resolution Authorizing the Mayor to Apply for Federal Grant Funds to Help the City
Prevent Identity Theft and Assist Victims of Such Thefts (Resolution No. 3728)
Contract Review Board:
03179
Contract Award - Lockbox Services for Utility Payments
Coun. Stanton stated she had corrections to the minutes which gave to the Deputy City
Recorder.
Coun. Bode stated she would abstain from voting on the July 23, 2003 minutes as she
was not there.
Question called on the motion. Couns. Bode, Doyle, Soth, Ruby and Stanton voting AYE,
the MOTION CARRIED unanimously. (5:0) Coun. Bode abstained from voting on the July
23, 2003 minutes.
ORDINANCES:
Suspend Rules:
Coun. Soth MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that
the ordinances embodied in Agenda Bills 03180, 03181, 03182 and 03183 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. Bode, Doyle, Soth, Ruby and Stanton voting AYE,
the MOTION CARRIED unanimously. (5:0)
Beaverton City Council
August 4, 2003 – Minutes
Page 5
First Reading:
Interim City Attorney Bill Scheiderich read the following ordinances for the first time by title
only:
03180
An Ordinance Annexing Property Lying Generally Outside of the Existing City Limits to the
City of Beaverton; ANX 2003-0003 (8605 SW Beaverton-Hillsdale Highway Expedited
Annexation) (Ordinance No. 4261)
03181
An Ordinance Annexing Property Lying Generally Outside of the Existing City Limits to the
City of Beaverton; ANX 2003-0005 (SW Weir Road/170th Avenue Expedited Annexation)
(Ordinance No. 4262)
03182
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 at SW Weir Road
and 170th Avenue; CPA 2003-0009/ZMA 2003-0011 (Ordinance No. 4263)
03183
An Ordinance Amending Section 6.02.390 of the Beaverton Code Relating to the
Downtown Permit Parking District (Ordinance No. 4264)
Second Reading:
Scheiderich read the following ordinances for the second time by title only:
03172
An Ordinance Amending Ordinance No. 2050, the Development Code, Chapter 20; TA
2003-0001 (Section 20.20.50.E Text Amendment). (Ordinance No. 4259)
03173
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 at 8904 SW
Canyon Road and 8917 SW Cashmur Lane; CPA 2003-0003/ZMA 2003-0003.
(Ordinance No. 4260)
Coun. Soth MOVED, SECONDED by Coun. Stanton, that the ordinances embodied in
Agenda Bills 03172 and 03173, now pass. Roll call vote. Couns. Bode, Doyle, Ruby,
Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
ADJOURNMENT:
There being no further business to come before the Council at this time, the meeting was
adjourned at 7:27 p.m.
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Catherine Jansen, Deputy City Recorder
APPROVAL:
Approved this 11th day of August, 2003.
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Rob Drake, Mayor
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