NOVEMBER 22, 2004


The Special 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, November 22, 2004, at 5:35 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, Chief of Staff Linda Adlard, Community Development Director Joe Grillo, and City Recorder Sue Nelson.


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 and in accordance with ORS 192.660 (1) (f) to consider information or records that are exempt by law from public inspection. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

The executive session convened at 5:35 p.m.

The executive session adjourned at 6:30 p.m.

The regular meeting reconvened at 6:30 p.m.


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

04238 - A Resolution Establishing Fees for Measure 37 Claims (Resolution No. 3791)

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

Second Reading:

04237 - An Ordinance Amending Chapter 2 of the Beaverton City Code by Establishing a Process for Evaluating Claims for Compensation Under the Amendments to Oregon Revised Statute Chapter 197 As Approved Under Ballot Measure 37 in the 2004 General Election and Declaring an Emergency (Ordinance No. 4333)

City Attorney Alan Rappleyea read the title of the Ordinance No. 4333 (Agenda Bill 04237) and read in full all the revisions made to the ordinance since the first reading, as follows:

Pg. 1, Sec. 2.07.001, Short Title, “BC 2.07.001-.080” changed to read “BC 2.07.001-075” to reflect removal of Sec. 2.07.080.

Pg. 2, Sec. 2.07.010: New Definition of Enforcement added to read: “A land use regulation is enforced only after a property owner makes an application for a land use and a final decision is made by the City under the Beaverton Development Code. A land use regulation will also be “enforced” if a citation is issued to the property owner for a violation of the Beaverton Development Code. The denial of a site development permit is not the enforcement of a land use regulation.”

Pg. 3, Sec. 2.07.001, Restricts the Use, word change from “…a regulation that effects…” to “…a regulation that affects…”

Pg. 4, Sec. 2.07.015, Application, added new sentence as first line to read “An application for a claim may only be filed after there is enforcement by the City of a land use regulation.”

Pg. 6, Sec. 2.07.015.C.6, last sentence changed to read “The claimant shall describe the land use that was applied for and the results of that application.”

Pg. 14, Sec. 2.07.045.A.6, added A.6 to read “Upon termination of the license, any land uses allowed under the waiver shall becoming non-conforming uses under the Beaverton Development Code.”

Pg. 16, Sec. 2.07.080, Attorney Fees on Delayed Compensation Claims, this section was removed in its entirety.

Coun. Soth MOVED, SECONDED by Coun. Ruby, that the ordinance embodied in Agenda Bill 04237, as read by title by the City Attorney, now pass with the revisions read by the City Attorney. Roll call vote. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


Coun. Bode asked for clarification from the City Attorney regarding the City Council using e-mail for sharing information and opinions about upcoming items that would come before Council. She said she questioned the security of using e-mail, the content of e-mails and how that differed from the Councilors meeting together.

Mayor Drake said the City Attorney would prepare information and an opinion to help guide the Council.


There being no further business to come before the Council at this time, the meeting was adjourned at 6:30 p.m.

Sue Nelson, City Recorder




Approved this 6th day of December, 2004.

Rob Drake, Mayor