DECEMBER 4, 2006


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, December 4, 2006, at 6:39 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce S. Dalrymple, Dennis Doyle and Cathy Stanton. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Public Works Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Captain Stan Newland, Building Official Brad Roast and Deputy City Recorder Catherine Jansen.

Mayor Drake explained for the audience that the public hearing for the Text Amendment Appeal (APP 2006-0005 - Appeal of TA 2006-0007 Code Applicability for Annexed Areas Amendment - Agenda Bill 06255) would be continued to February 12, 2007, at the request of Washington County.


06222 Presentation by Susan McLain, Metro Councilor

Mayor Drake introduced Metro Councilor Susan McLain and said this was McLain's final month in office. He thanked her for her service and said he has enjoyed working with her. He said her replacement Kathryn Harrington would be an outstanding councilor.

McLain thanked Mayor Drake and said she has enjoyed working with the City and Mayor Drake. She said she enjoyed her 16 years of service and was excited about going back to teaching at Glencoe High School. McLain said this would be her last report and she would concentrate on the three areas where she has spent most of her time in the last six months.

McLain said she and Metro Councilor Rod Park have been trying to develop ways for the Metro area cities and counties to work more closely with outlying areas such as Yamhill and Banks on land use issues. She said these cities are interested in sharing resources and experiences to better serve the public and be conscientious in dealing with infrastructure costs. She said they have worked on having these cities participate in the Mayor's seminar, on sharing technical information, e-mail connections and mapping resources.

McLain said she also worked on reviewing the issues that have come to Metro over the last 16 years to determine what worked well and what did not. She said she was doing this to figure out what issues needed to be brought to the Legislature this year and to determine where the cities and counties can work together on a legislative agenda that can be presented in a unified voice to Salem. She said they have three or four issues that looked promising.

McLain said she spent a great deal of time working on the Greenspace Bond Measure. She said it was delightful to have this as a going-out project for she was on the Council when the first bond measure was passed in 1995. She said everyone has been a winner with this measure and it has been a pleasure to watch the greenspace programs develop. She noted the Measure was passed in all three counties and in almost all jurisdictions. She said that was a reaffirmation of the public's support for this type of endeavor. She said 2007 would be an exciting year as the Metro Council works through the refinement process.

McLain said she wished to remind the City of the Nature in the Neighborhoods Grant Program. She noted the City previously received these grants for Camille Park and the Golden Pond area. She said the second round of grants was coming and grant proposals were due January 18, 2007. She said there was over $500,000 in grant money available. She noted there were many important projects on which work should continue and there were various grant funds available. She said Metro has always been happy to support partnerships with other jurisdictions and parks projects have exceeded all of Metro's and the cities' expectations.

McLain concluded by saying that she has known Kathryn Harrington for many years and she is delighted that Harrington is her replacement. She said Harrington was dedicated, hard working, has high goals and high visibility, and she understands the diversity of District 4. She said she has enjoyed being a Metro Councilor but she is looking forward to having more time with her family.

Coun. Doyle thanked her for her service and dedication.


There were none.


Coun. Arnold said that the City's Holiday Open House would be held on December 12, from 5:00 p.m. to 7:00 p.m., in the City Hall Council Chambers. She invited everyone to attend.

Coun. Doyle said last Wednesday the Beaverton Police Athletic League (PAL) had its annual dinner and silent auction and raised $3,500, which was double the amount they hoped to raise. He said PAL had reopened, was doing well and hoped to grow. He said PAL makes a difference in the lives of many children.

Coun. Stanton said the National League of Cities Conference would begin December 5 in Reno, Nevada. She said she was going along with the Mayor and Couns. Arnold and Doyle.

Coun. Stanton invited everyone to view the beautiful Christmas tree in the plaza at The Round. She said the tree came from the back yard of Vern Williams, a long-time Beaverton resident. She said the City's tree lighting was last Friday and she heard it was wonderful.


Community Development Director Joe Grillo said today was the filing deadline for phase one of the Ballot Measure 37 claims. He said as of 5:00 p.m. today, the City had received a total of ten additional Measure 37 claims; one each from Mr. Williams, Harmony Investments, Mr. Grabhorn, Mr. Hemstreet, Mr. Oulman, Mr. Jaihouni and four claims from the various interests in the Peterkort properties. He said staff has not had the opportunity to review the claims. He added the City has 180 days to conduct a hearing and render a decision.


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

Minutes of the Regular Meeting of November 6, and the Special Meeting of November 16, 2006.

06223 Liquor Licenses: New Outlet – Blue Iguana Bar and Grill

Contract Review Board:

06224 Ratification of Contract Award for Chiller Procurement for the Beaverton Central Plant.

Coun. Arnold said she had a few corrections to the minutes of November 6 that she gave to the City Recorder.

Question called on the motion. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0) Coun. Stanton abstained from voting on both sets of minutes as she was not in attendance at those meetings.


06225 APP 2006-0005 – Appeal of TA 2006-0007 (Code Applicability for Annexed Areas Amendment)

Mayor Drake said a request had been received from Washington County Planning Manager Brent Curtis for a continuance of this matter for at least 60 days. He said February 12, 2007, was the closest meeting after the 60 days requested.

Coun. Stanton MOVED, SECONDED by Coun. Doyle that Council continue the public hearing on APP 2006-0005, the appeal of TA 2006-007 (Code Applicability for Annexed Areas Amendment) to February 12, 2007, at 6:30 p.m. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

06226 Adopt Resolution and Authorize Implementation of Building, Mechanical, Plumbing and Electrical Permit Fee Increases (Resolution No. 3883)

Coun. Stanton referred to a question she submitted earlier as to why the Plumbing Fee Schedule did not have the Other Inspections and Fee Charges that all the other fee tables and schedules have. She asked if she understood his answer to say that the Other Inspection and Fee Charges would be incorporated in the future.

Building Official Brad Roast replied that was the intention; the similar language would be incorporated in the future when appropriate.

Coun. Stanton said she would appreciate the standardization as that helps her find things when she is reviewing the schedule. She thanked Roast for doing an excellent job and said that she preferred that the city did small increases incrementally every year.

Coun. Dalrymple said Roast was forecasting the five and ten percent increases, in relationship to the number of permits and inspections. He asked why Roast picked these percentages for the fee increases.

Roast said he arrived at the five percent increase for the building and mechanical permits by reviewing the forecasted revenues and expenditures for the upcoming fiscal year and analyzing the revenues generated from a two percent and ten percent increase to determine where the City would be financially. He said he wanted to keep the fee revenue sufficient to maintain the Contingency Fund so the City would not be losing money. He said for the electrical permits, the City was doing a small catch-up. He said the true percentage to make the electrical permits self-supporting was in the range of 25% to 50%. He said the City was doing smaller incremental increases because the development industry does not want to see large increases. He said the ten percent increase for electrical permits was reasonable to continue to improve the fee structure. He said the increase would continue annually until the fee schedule covers operation costs and maintains the Contingency Fund level.

Coun. Dalrymple asked regarding the fees, if there were any performance standards for any of the departments relative to monitoring expenses in the departments for the work that is done; or if staff was just forecasting based on what they felt the workload would be.

Roast said it was based on the anticipated workload. He said regarding performance measures, they did not know what the workload would be daily or month-to-month, so staff has to do an educated guess based on past development and what is anticipated in the future. He said staff then does a spreadsheet of the percentages to forecast anticipated revenues based on anticipated activity.

Coun. Dalrymple said for this year the bottom line was that the City was doing catch-up and trying to maintain a certain contingency level and net aggregate.

Roast said that was correct.

Coun. Doyle asked that next time this is presented he would like to see that information and also the other cities' fees in comparison to what Beaverton charges.

Mayor Drake opened the public hearing and asked if anyone wished to testify.

No one came forward to testify.

Mayor Drake closed the public hearing.

Coun. Doyle MOVED, SECONDED by Coun. Stanton that Council approve Agenda Bill 06226 containing Resolution No. 3883, A Resolution to Increase Building, Mechanical, Plumbing, and Electrical Permit Fees.

Coun. Stanton said she would support the motion because the responsible thing for the City to do is to make these permits as self-supporting as possible, to cover the City's costs.

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


Mayor Drake noted Coun. Stanton had a question regarding the 72-hour parking prohibition (Agenda Bill 06219, Ordinance 4415).

Coun. Stanton said she was remembering that the Council previously discussed towing cars that were on the street for either 48 or 72 hours. She said she thought it was a Code Enforcement issue and asked if anyone else remembered this discussion.

Chief of Staff Linda Adlard said the City previously reduced the amount of time that an automobile, that was not registered to the owner of the property that it was parked in front of, could sit on a street before towing could be implemented. She said what is currently happening is that if a car is parked in front of its registered owner's home and sits for more than 72 hours, they are being ticketed for $10.00. She said this is irritating to the homeowners. She said this section should have been removed earlier.

Mayor Drake said the intent of the original Code amendment was to deal with abandoned vehicles, not to inconvenience people who park their cars in front of their own homes.

Coun. Arnold asked about vehicles parked in citizen’s yards and not used at all.

Adlard explained that parking a vehicle in a yard is illegal in the City of Beaverton. She said Code Enforcement would notify the owner, tag the car, and if it is not removed it would be towed away.

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that the rules be suspended, and that the ordinance embodied in Agenda Bill 06219 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, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

First Reading:

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

06219 An Ordinance Repealing the 72-Hour Parking Prohibition, Section 6.02.310 of the Municipal Code (Ordinance No. 4415)

Second Reading:

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

06216 An Ordinance Amending Chapters Five and Nine of the Beaverton Code Related to the Tualatin Basin Goal 5 Program (Ordinance No. 4412)

06217 An Ordinance Amending Comprehensive Plan Chapters 3, 4, 5, 6, 7, 8, the Glossary and Volume III (Ordinance No. 4187) Related to CPA 2006-0012 (Ordinance No. 4413)

06218 An Ordinance Amending Development Code Chapters 60 and 90 (Ordinance No. 2050 as Amended through Ordinance 4265) Related to TA 2006-0009 (Ordinance No. 4414)

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that the ordinances embodied in Agenda Bills 06216, 06217 and 06218 now pass. Roll call vote. Couns. Arnold, Bode, Dalrymple, Doyle 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 7:26 p.m.

Catherine Jansen, Deputy City Recorder




Approved this 8th day of January, 2007.

Rob Drake, Mayor