DECEMBER 20, 2004


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, December 20, 2004, at 6:45 p.m.


Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth and Cathy Stanton. Also present were City Attorney Alan Rappleyea, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Human Resource Services Manager Nancy Bates and City Recorder Sue Nelson.

Mayor Drake explained that the Council would move into executive session before the regular meeting. He said the public testimony period regarding the second reading of the ordinance for Annexation 2004-0013 ( Barnes Road and Cedar Hills Boulevard) ended Friday, December 17, 2004, at 5:00 p.m. He said new testimony would not be taken related to this matter.


Coun. Soth MOVED, SECONDED by Coun. Doyle, that Council move into executive session in accordance with ORS 192.660 (1) (h) to discuss the legal rights and duties of the governing body with regard to litigation or litigation likely to be filed. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

The executive session convened at 6:50 p.m.

The executive session adjourned at 7:05 p.m.

The regular meeting reconvened at 7:05 p.m.


There were none.


Coun. Soth said this was his last official meeting on the City Council. He thanked the Council and staff for the courtesies extended to him over the last 24 years. He stated the Council and staff had worked well together over the years. He thanked the citizens of Beaverton for their confidence in him as a City Councilor.

Mayor Drake thanked Coun. Soth for his leadership.

Coun. Stanton said she had conversations regarding the regional water service with staff. She said she would not be at the meeting of January 3, 2005 for the swearing in of the councilors; she would be attending the January 10, 2005 meeting and would be sworn in at that time.


There were none.


Coun. Soth MOVED, SECONDED by Coun. Stanton, that the Consent Agenda be approved as follows:

Minutes of the Regular Meeting of December 13, 2004

Contract Review Board:

04258 Waiver of Sealed Bidding – Purchase Herman Miller Systems Furniture from the State of Oregon Contract #3135.

Question called on the motion. Couns. Bode, Doyle, Ruby, Soth 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. He read the revisions made to the ordinance in their entirety, as follows:

Section 2: The following wording was added to the first sentence “…the supplemental staff report dated December 13, 2004 and the memorandum from the City Attorney dated December 20, 2004…”. Rappleyea explained these were additional findings which would be adopted as part of the ordinance.

04246 An Ordinance Annexing Several Parcels Located in the Vicinity of Barnes Road and Cedar Hills Blvd. to the City of Beaverton: Annexation 2004-0013 (Ordinance No. 4334) (Carried over from the meeting of 12/13/04 with revisions and additional findings)

Coun. Soth MOVED, SECONDED by Coun. Doyle, that the ordinance embodied in Agenda Bill 04246, as amended, now pass. Roll call vote. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


Mayor Drake asked the City Attorney to brief the Council on this issue.

Rappleyea explained staff had been working on negotiations for the Peterkort Annexation which had not come to fruition. He said they also worked with Washington County on delineating the Urban Service Boundary (USB). He said the Mayor and staff worked with the County to develop an interim agreement to establish the USB lines and the full USB agreement would come in the future. He said this interim agreement provided Washington County assurances on the boundary location and where the City’s annexations would stop. He reviewed the agreement and the boundary maps in the agreement. He explained Map A contained two maps; the north and south that indicated where the interim boundary was located. He said the County would not object to the City’s annexation and provision of service for the areas inside the boundaries on Map A. He said the City would have to get permission before servicing the areas outside of the Map A boundary. He repeated this was an interim step before the final agreement was established on the USB. He said the third map indicated the predicted boundaries of the USB. He said the County indicated it was willing to work with the City if there was a parcel that needed to be developed outside of the Map A area. He said for the ORS 451 Service Districts, the interim agreement had a provision to even-out the service levels.

Mayor Drake explained the boundaries on Map A were roughly 170 th Avenue on the west side, Cornell Road on the north, Tigard on the south and Washington County line on the east. He said Area B included everything outside of that boundary up to the County line on the north and roughly the School District boundary line on the west.

Rappleyea explained Washington County had agreed to withdraw its objection to Annexation 2004-0013 if the City approved this agreement. He said this agreement would be presented to the Washington County Board of Commissioners tomorrow night.

Coun. Soth asked about the County 2000 Plan’s interface with the agreement.

Rappleyea explained the County 2000 Plan was in progress. He said if the City wanted to annex areas north of Barnes or Cornell Roads, the City would have to get the County’s consent. He explained Map A was the interim boundary.

Coun. Stanton asked when the final agreement between City and County was finalized would there be a provision that the final agreement superseded the interim agreement.

Rappleyea replied that was the intent and it would be clear in the final agreement.

Coun. Stanton asked about the roles and responsibilities in Provision F and quoted from that section “Nothing herein precludes City from providing such services except that City shall not condition such provision of such services on annexation to City.” She said she wanted to be sure the City would not stop its current practices in terms of providing water.

Rappleyea said for areas inside Map A, the City would continue to follow its current process regarding providing water, as was consistent with the City’s agreement with Clean Water Services. He said outside of Map A, the City would have to get the County’s consent. He clarified Provision F pertained to provision of sewer services.

Mayor Drake explained the reasoning behind this was that as originally drafted, the City would have been compelled to provide extra-territorial service extension without compelling annexation. He said the City had consistently had a policy that if someone wanted City services they should be annexed.

Coun. Stanton asked regarding Provision H, if the County was creating phantom service districts to provide water, storm drainage and other services.

Mayor Drake explained on the issue of service disparity between urban incorporated and unincorporated services, there was agreement that cities were double taxed. He said ORS 451 Service Districts allowed a conglomerate of services to be presented in a package to the citizens in the County-formed district. He said the idea was this would be a phase-in process, so eventually the urban areas would come into the cities. He said these districts had a sunset of ten years and then the County and cities would decide the future service levels. He said this was not critical of County services; it was understood the cities provided a different level of service. He said this acknowledged the County’s contingency funds were decreasing and there were issues with passing levies, so service levels may drop in some unincorporated areas. He said to be consistent with the County 2000 Plan, the County would offer a package of services to residents in those areas to decide if they want the higher or lower level of services.

Coun. Stanton read a section from Provision I in the agreement “This includes, but is not limited to, provisions addressing water service, potential transfer of employees and equipment…”. She said this looked like a commitment and she was not sure what they were considering.

Mayor Drake said in Oregon law, there was a provision that when a city annexed unincorporated areas, if the city picked up an area that was sufficient to impact county services, the city was legally required to pickup those employees. He said the County wanted the provision to be better defined than just what was required by ORS and the City agreed. He said this could include regular employees.

Coun. Soth said that procedure was used in the past when the Aloha Water District was split. He asked if that would also include the County’s street lighting district.

Rappleyea said they had not raised the question of street lighting districts. He said he thought the County would be flexible.

Coun. Doyle asked when results might be seen regarding Provision G (double taxation); or when the level of significance might be seen regarding this problem.

Rappleyea replied that resolving that issue was the most difficult part of this agreement. He said it would be a policy decision from the City and County.

Mayor Drake said some of this was addressed when the County adopted its 2000 Plan in 1986. He said Portland State did a thorough analysis of costs and government structure. He said the County had begun the process for reviewing the 2000 Plan and costs would be analyzed. He said this was what lead cities to express concern to the County that some of their residents were being double taxed to some extent. He said he felt it was a fair question and the cities had the right to raise the issue.

Coun. Soth MOVED, SECONDED by Coun. Stanton, that the Council authorize the Mayor to enter into the Beaverton-Washington County Intergovernmental Agreement Interim Urban Services Plan. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


There being no further business to come before the Council at this time, the meeting was adjourned at 7:30 p.m.

Sue Nelson, City Recorder




Approved this 3rd day of January, 2005.

Rob Drake, Mayor