NOVEMBER 7, 2005


The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth Council Chamber, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, November 7, 2005, at 6:35 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Dennis Doyle, Fred Ruby. Coun. Cathy Stanton was excused. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Engineering Director Tom Ramisch, Operations/ Maintenance Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop and City Recorder Sue Nelson.


Mayor Drake proclaimed November 2005 as Prematurity Awareness Month and

Mediation Month. He stated the City had an outstanding Mediation Program.


05200 Beaverton City Library's Ranking in Hennen's American Public Library Ratings

Library Director Ed House presented a PowerPoint slide presentation concerning the City Library's ranking in the Hennen's American Public Library Ratings (HAPLR). He said the HAPLR rated 9,000 public libraries throughout the country based on 15 input and output measures; examples were budget, staff, circulation and patron visits. He said the perfect score was 1,000. He said Oregon was rated number three in the nation, out of 50 states and the District of Columbia. He said the City's Library received 833 points, an increase of two points from 2004; and the Oregon State average was 686 points. He said the Library rated very high in terms of FTE staff per 1,000 population, collection turnover, circulation per capita, circulation per hour, reference per capita, visits per capita and visits per hour.

House said the Beaverton Library was the top library among libraries serving populations of 100,000 to 249,999; Salem was second and Hillsboro third. He said when all libraries in the State were ranked, Beaverton ranked fourth; Lake Oswego Library was first, Corvallis-Benton County Library was second; and Multnomah County Library was third. He added that five of the top ten libraries in the State were in Washington County Cooperative Library Services libraries. He said the City Council, Library staff and the public could be very proud of their City Library.

Coun. Doyle asked if this was a yearly ranking.

House replied the HAPLR was an annual ranking; however, the ranking was a couple of years old due to the time it takes to turn in all the statistics to the State Library and the Federal clearinghouse. He said HAPLR uses the information from the Federal clearinghouse, so there was a lag time. He said the data for this ranking was from 2003.

Mayor Drake complimented House and his staff for doing an excellent job and providing outstanding service.

05202 Oregon Accreditation Alliance Award to the Beaverton Police Department

Mayor Drake said the Beaverton Police Department just received its new certification through the State of Oregon. He presented the Oregon Accreditation Alliance Award to Chief of Police Dave Bishop and to the members of the Police Department. He said this Award represented the outstanding work of the Beaverton Police Department. He said the Award means the Police Department has attained a high standard of ranking and professionalism in all areas of its work. He said this was the highest form of praise a police department could receive.

Chief Bishop thanked Mayor Drake and stressed the accreditation process was a team effort. He complimented the whole Police Department and Michelle Harrold, the manager for this project. He said it was a challenging project that required a great deal of commitment. He thanked Mayor Drake for his support as they worked through the process.

Coun. Bode said she continued to be impressed by the Police Department's training and retraining. She said the crimes they face today were different from the crimes of yesteryear. She said it takes new training and new s tandards to keep the community safe. She said this accreditation speaks to the fact that the Police Department is current and aware of today's problems. She said she appreciated every individual who wears the police badge as she could never do their job. She said she always hears positive comments about the Police Department from citizens and she applauded them for she was proud of them all.

Coun. Doyle also thanked the Police Department staff and said the community has a high regard for them.

05201 Presentation of Proposed Revisions to the Municipal Code Pertaining to the Neighborhood Association Committees (NACs)

Chief of Staff Linda Adlard introduced Neighborhood Program Manager Megan Callahan. Aldard said Callahan worked hard with the neighborhood groups to update the Code to meet the needs of the Neighborhood Association Committees (NACs). She said the Code had not been updated since 1987. She said the review of the Code took over a year to ensure that all interested parties had the opportunity to participate.

Callahan said there were three reasons for updating the City Code. She said the first was to update the language, the second was to codify current practices, and the third was to include a section regarding NAC appeals. She said there were no written guidelines for the NAC appeal process and it was important to include these guidelines and critieria in the Code.

Callahan said the public involvement process used to develop the proposed Code revisions was very important. She thanked the NAC leadership for participating in these meetings. She said staff meets quarterly with the NAC leadership (elected officers of the NAC) and it was at the November 2004 meeting that the proposed revisions were first discussed. She said since then staff has worked with NAC leaders to develop the proposed revisions, which were now before Council.

Coun. Bode asked if she had received any negative, unresolved feedback.

Callahan replied she had not.

Coun. Ruby said the revisions made a lot of sense. He asked if either Callahan or Adlard had an opinion about city councilors attending NAC meetings. He said his practice has been to not attend the NAC meetings unless invited, because it could effect the discussion or there might be a land use issue on the agenda that he might have to consider later.

Callahan said she had not received any specific feedback from the NACs regarding city councilors attending the meetings. She said she thought the NAC members would be honored to have councilors attend. She agreed there were a number of issues the NACs discussed that may make it difficult for a councilor to attend.

Adlard said there were opportunities where councilors could attend without a conflict. She said planning could be done to give councilors an opportunity to attend a couple of meetings per year and to arrange an interesting agenda. She said citizens enjoy hearing from the Mayor and Council on many topics.

Coun. Ruby said he would be happy to participate if there was interest from the NACs.

Coun. Doyle said he had attended some NAC meetings and they appreciated the interest. He said in the one case where there was an item on the agenda that might have come before Council, he excused himself from the meeting. He said it was a good way to get the pulse of the neighborhoods. He also said he was glad they updated the Code and gave the NACs leadership opportunities to comment.

Adlard said the City receives a lot of positive feedback from the Picnic in the Park series. She said the citizens enjoy talking with their councilors; the picnics provided more opportunity for councilors to speak with citizens than the NAC meetings.

Mayor Drake said the NAC meetings were different from the Council meetings; people tend to be more candid at NAC meetings and relate how they feel about issues.


There were none.


Coun. Doyle said the Westside Police Activities League (PAL) was having a special dessert/art show evening on Thursday, November 17, 2005, from 6:00 to 9:00 p.m., at Moonstruck Chocolates. He said artwork would be on display and available for sale, and chocolate, fine wines and beer would be served.


There were none.


Mayor Drake said Agenda Bill 05024 was being pulled from the Consent Agenda for separate consideration and presentation by staff.

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

Minutes of the Regular Meeting of October 24 and the Special Meeting of October 26, 2005

05203 Liquor Licenses: Change of Ownership - Hooters; New Outlet - Aoba Sushi Café

05204 Pulled for Separate Consideration - Authorization to Fund Escrow for the Purchase of the Regal Theater Property - Tax Lots 1S116AA06800 and 1S109DD00400 and Specific Purpose Grant Budget Adjustment and Transfer Resolution (Resolution No. 3839)

05205 Authorize the Mayor to Sign an Amendment to the Intergovernmental Agreement with Washington County Oregon, to Continue to Participate in the Department of Homeland Security’s Urban Area Security Initiative Grant Awarded to the City of Portland and Approve the Specific Purpose Grant Budget Adjustment Resolution (Resolution No. 3840)

05206 Traffic Commission Issues No.:
TC 581 - Stop Sign on SW Cornhusker Avenue at Cottontail Lane;
TC 582 - Revision to 15-Minute Parking Zone on SW Broadway;
TC 583 - Centerline Striping and Parking Restrictions at SW 148th Terrace and Telluride Terrace;
TC 584 - Traffic Signal at SW Denney Road and Lombard Avenue

Question called on the motion. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

05204 Authorization to Fund Escrow for the Purchase of the Regal Theater Property - Tax Lots 1S116AA06800 and 1S109DD00400 and Specific Purpose Grant Budget Adjustment and Transfer Resolution (Resolution No. 3839) (Pulled From Consent Agenda For Separate Consideration)

City Attorney Alan Rappleyea said this property has had a history since 1977; the connection between Rose Biggi Avenue and the Regal Cinema has been in the Transportation Element of the Comprehensive Plan (Table 6.4) since 1977; it was discussed and adopted through the public hearing process at that time.

Rappleyea said in 1998 the Council, in the public hearing process for bringing the light rail through that area agreed to spend $480,000 of City funds to enhance the ballast underneath the light rail tracks so it would be available for the crossing when the property was eventually purchased. He said this development has been discussed many times over the years in discussions regarding The Round project. He said this was publicly discussed at Metro's JPAC (Joint Policy Advisory Committee) meetings when the City requested funding to purchase the Regal Cinema and construct the road; and also during the MTIP (Major Transportation Improvement Program).

Rappleyea said although this was planned for a long time, it was not budgeted because the City had to wait for the owner to sell. He said the owner now wished to sell and the City has negotiated a sales transaction; this was why the City was now preparing to spend $2,335,000 from the General Fund Contingency. He said the intent is that once the road is built, the balance will be remarketed to assist in the redevelopment plan and reimburse the Contingency Account. He said this has been well discussed in the public; he referred to seven articles in the Oregonian that talked about the sale and redevelopment of this property.

Adlard reviewed past policy issues. She said in July, 2000 the Council adopted the Economic Development Strategic Plan through a lengthy public process. She said under that Plan was Goal C, to support business development through an effective transportation system, targeted land redevelopment and adequate infrastructure. She said the Plan then discussed business districts and proposed redevelopment through land banking. She said land banking was a tool to acquire key sites and remarket them with specific conditions designed to meet City goals. She said this document has been in place for a number of years and it clearly guides the Economic Development staff and managers in the redevelopment of the downtown.

Adlard said acquiring this land and road creates great economic opportunities for the community. She reviewed economic output projections developed by an analyst from the State Department of Housing and Community Services. She said this analysis indicated that the economic output for a $77 million project of four to five acres (The Round is the same size and between $80-90 million), will have an economic input (based on 2002 dollars) of $136,000,000 to the community and surrounding area. She said the labor impact would be $56,000,000 and the employment gain would be a total of about 1400 employment opportunities in the next few years, beginning about 2007. She said this was a huge opportunity; Beaverton has not had 1,400 jobs influenced by a 4.5 acre piece of property.

Coun. Arnold asked if Regal Cinemas sold the property to someone other than the City would it still have to keep the right-of-way open for the City to extend the road.

Mayor Drake said the City would be forced to condemn the property and purchase it, or it would be an inverse condemnation.

Rappleyea said it would most likely require the City to purchase the property through condemnation which was costly and difficult, often resulting in bad feelings.

Adlard said the Westgate Theater itself has no value in the appraisal. She said if a different type of business was located there, it would have to be relocated which would be very expensive. She said by having a negotiated sale and purchase agreement the City has saved millions of dollars in relocation costs.

Coun. Arnold summarized that Regal Cinema was ready to sell the property and it seemed like the right time to purchase the land since it could be done without condemnation. She said if the City chose not to buy the property for another 15 years, and someone else bought that property to build a bowling alley, the City would have to condemn the property and buy it now, or let them build their bowling alley and buy it later at a higher cost because they would have to relocate the bowling alley.

Adlard said that was correct. She said the City approached Regal Cinemas for a purchase agreement versus condemnation. She said they talked to them a few years ago about the Transportation Plan, giving them notice that within the next few years this would be an issue for them and they would need to consider how they wished to deal with this from a business s tandpoint. She said with the new theaters in the area the Regal business had declined and they were happy to reinvest this money into their business plan in another area. She said this has helped the City with the issue of the Transportation Plan and in future downtown redevelopment. She said this also prevented a situation that could have created bad feelings for a lucrative business that did not want to leave. She said she felt they were fortunate to be able to do this in the center of the downtown.

Coun. Ruby said he appreciated the background; there was a lot of negotiation for this was a vital piece of property. He said in spending the $2.3 million, the City would get a dollar-for-dollar match from other governmental agencies interested in seeing this property improve. He said this would allow productive development in that area.

Mayor Drake said the contingency was more than just emergency funds; it was for unforeseen expenses which could be positive expenses. He said the Council and Budget Committee have taken a prudent approach in budgeting. He said this money has been set aside for rainy days and opportunities, and the City has been prudent in how it spends tax payer money. He said it is anticipated that within a short period this property will be sold to a new developer and the money that is being expended from the General Fund Contingency would come back to the City.

Coun. Doyle MOVED, SECONDED by Coun. Bode, that Council approve Agenda Bill 05204, Authorization to Fund Escrow for the Purchase of the Regal Theater Property - Tax Lots 1S116AA06800 and 1S109DD00400 and Specific Purpose Grant Budget Adjustment and Transfer Resolution (Resolution No. 3839).

Coun. Doyle said the potentialities this presents for the City were wide ranging and this was a unique opportunity in developing the core of the City. He said he thought the Council was wise in exercising its right to purchase the property at this time. He said he was glad staff was able to work this out for Regal was a willing seller and the City was a willing buyer.

Question called on the motion. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)


Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinances embodied in Agenda Bills 05207, 05208, 05209 and 05210, 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, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading:

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

05207 CPA 2005-0003/ZMA 2005-0002 WCCCA at Highway 217 and SW Park Way; An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map, for a Portion of a Parcel Located North of SW Park Way West of Highway 217 (Ordinance No. 4373)

05208 An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for 23 Parcels Located South of Allen Boulevard, on the East Side of Hall Boulevard, West of Bruce Lane and North of Metz Street; CPA 2005-0004/ZMA 2005-0005 (Ordinance No. 4374)

05209 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 9355 SW 166th Avenue; CPA 2005-0009/ZMA 2005-0008 (Ordinance No. 4375)

05210 An Ordinance Amending Chapter 9 of the Beaverton Code Relating to Neighborhood Association Committees (NACs) (Ordinance No. 4376)

Second Reading:

Rappleyea read the following ordinances for the second time by title only:

05197 An Ordinance Amending Beaverton Code Chapter 4 by Adding New Provisions Relating to Sanitary and Storm Sewer Maintenance Charges (Ordinance No. 4371)

05198 An Ordinance Annexing Two Parcels, and Associated Right-of-Way, Located at 9355 SW 166th Avenue to the City of Beaverton: Expedited Annexation 2005-0010 (Ordinance No. 4372)

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the ordinances embodied in Agenda Bills 05197 and 05198, now pass. Roll call vote. Couns. Arnold, Bode, Doyle, and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)


Mayor Drake called for a brief recess at 7:30 p.m.


Mayor Drake reconvened the meeting at 7:40 p.m.


Coun. Ruby MOVED, SECONDED by Coun. Bode, that Council move into executive session in accordance with ORS 192.660(2)(h) to discuss the legal rights and duties of the governing body with regard to litigation or litigation likely to be filed. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

The executive session convened at 7:40 p.m.

The executive session adjourned at 7:45 p.m.

The regular meeting reconvened at 7:45 p.m.


Coun. Bode MOVED, SECONDED by Coun. Doyle, that Council direct the Finance Director to include an additional $50,000 in the next supplemental budget towards the resolution of the NIKE litigation. Couns. Arnold, Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)


There being no further business to come before the Council at this time, the meeting was adjourned at 7:48 p.m.

Sue Nelson, City Recorder




Approved this 14th day of November, 2005.

Rob Drake, Mayor