SEPTEMBER 13, 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, September 13, 2004 , at 6:32 p.m.


Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Forrest Soth and Cathy Stanton. Coun. Fred Ruby was excused. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Assistant Finance Director Shirley Baron-Kelly, Traffic Engineer Randy Wooley, Operations/Maintenance Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Deputy Police Chief Chris Gibson and Deputy City Recorder Catherine Jansen.


Mayor Drake welcomed Boy Scout Bruce Chaddock, Troop 728, Beaverton ; he attended the meeting as part of his Communications Merit Badge.

Henry Kane said he distributed to Council a copy of his September 13, 2004 letter regarding the Tualatin River Basin . He said he received a copy of Metro’s proposed Goal 5 Habitat Protection Plan map for the area north of Weir Road and east of 178 th Avenue, which showed one-quarter of the land in that area was designated lightly-restricted or highly-restricted in use. He said the problem with the Goal 5 Habitat Protection Plan was it contained no clear definitions or s tand ards to guide or restrict land use. He said his purpose was to alert the Council to the concerns many property owners have over the lack of clear guidance in this Plan. He referred to news articles and other events which indicated people’s concern about the potential effects of Goal 5. He stressed property owners and taxpayers had the right to know how Goal 5 affects them and its costs. He noted the Council had previously expressed these same concerns and he suggested the Council send a letter to Metro asking when property use would be restricted and what the s tand ards would be. He concluded that while people wanted to protect the habitat, property owners had rights under the State and Federal Constitutions.


Coun. Soth said he attended the meeting of the National League of Cities (NLC) Finance Administration Intergovernmental Relations Steering Committee (he was the chairman of that committee) in Long Beach , California , last weekend and a number of issues were discussed: a) GASB 34, which required inclusion of all capital assets in cities annual budgets and audit reports. This information will be considered by bond rating agencies as part of the review for municipal obligation bonds. He noted this added to the cities’ annual audit costs. b) GASB Proposals 41 and 43, which required cities to include financial information and projections for post-retirement and post-employment monies. c) Circular 230, from the U. S. Treasury Department and the IRS, which classified tax exempt bonds as tax shelters. d) The proposal to bundle telecommunications taxes in with sales and use taxes. He added franchise fees were the second largest source of revenues for many cities. If the fees were no longer available, it would seriously impact many cities. He concluded the NLC was concerned about the further intrusion and regulation from many of these rules on municipal governments. He said this seriously impeded the ability of local governments to handle their own business.

Coun. Doyle announced the Picnic in the Park for the West Beaverton , Five Oaks/Triple Creek NACs, was rescheduled to Tuesday, September 21, 2004 at 6:00 p.m. , in the Five Oaks Middle School . He noted if the weather was good it would be outside; otherwise it would be held in the school cafeteria.

Coun. Stanton invited citizens to attend the walking tour of the City September 14, 2004 , at 6:00 p.m. She said the tour would begin at the Library and conclude at The Round. She also noted on Thursday, September 16, 2004 , State Senator Ryan Deckert would be holding a forum concerning health care at the Library and former Governor Kitzhaber would be there to answer questions concerning health care issues and the Oregon Health Plan.

Coun. Bode noted that two weeks ago the City Council and Mayor spent a day touring the region’s water resources and gathering information on water needs for the future. She said it was very impressive and they learned a great deal.


There were none.


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

Minutes of the Regular Meeting of August 23, 2004

04181 Liquor License Application: Greater Privilege - Ickabods; New Outlet - Golden Fountain Restaurant & Lounge, and Dessert Noir Café and Bar

04182 Traffic Commission Issues No. TC 562-564

04183 Classification Changes

04184 A Resolution Approving the Transfer of a Franchise for Use of Public Right of Way from Portland General Broadband to OnFiber Communications, Incorporated (Resolution No. 3776)

04185 A Resolution Declaring Official Intent to Consider an Ordinance Supplementing Ordinance 4270 for the Issuance of Water Revenue and Refunding Bonds, Series 2004B; Authorizing the Submission of an Advance Refunding Plan to the Oregon State Treasurer; Authorizing Distribution of a Preliminary Official Statement; and Related Matters (Resolution No. 3777)

04192 Emergency Abatement of 4925 SW Angel

Contract Review Board:

04186 Exemption from Competitive Bids and Authorizing a Sole Seller/Brand Name Purchase of a New TYMCO Model 600 Street Sweeper

04187 Waiver of Sealed Bidding – Purchase Three 2005 Compact Extended Cab Pickups From the State of Oregon Price Agreement

04188 Consulting Contract Award – Pavement Management Program Street Inspections

04189 Appointment of Bond Counsel, Financial Advisor, and Bond Underwriting Services for a Proposed Current Refunding of the 1994 Water Revenue Bonds and an Advanced Refunding of the 1997 Water Revenue Bonds

Coun. Bode stated she would abstain from voting on the August 23, 2004 minutes as she was not at that meeting.

Coun. Stanton said she had two minor revisions to the minutes which she would give to the Deputy City Recorder. She thanked staff for answering her questions.

Question called on the motion. Couns. Bode, Doyle, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0) Coun. Bode abstained from voting on the August 23, 2004 Minutes as she was not at that meeting.


Suspend Rules:

Coun. Bode MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinances embodied in Agenda Bills 04190 and 04191 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 and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading :

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

04190 An Ordinance Amending Beaverton Code Section 6.02.250 to Create an Offense for Vehicle Parking in a Fire Lane Located on Privately-owned Premises Open to the Public (Ordinance No. 4321)

04191 An Ordinance Amending Ordinance No. 4270 Authorizing the Sale and Issuance of Water Revenue and Refunding Bonds for the Purpose of Refunding the City’s Outstanding Water Revenue Bonds, Series 1994 and Series 1997, and Declaring an Emergency (Ordinance No. 4322)


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, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)


Mayor Drake called for a brief recess at 6:55 p.m. to setup for the executive session.


Mayor Drake reconvened the meeting at 7:02 p.m.

The executive session convened at 7:02 p.m.

The executive session adjourned at 7:24 p.m.

The regular meeting reconvened at 7:24 p.m.


There being no further business to come before the Council at this time, the meeting was adjourned at 7:24 p.m.

Catherine Jansen, Deputy City Recorder




Approved this 20th day of September, 2004.

Rob Drake, Mayor