MARCH 20, 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, March 20, 2006 at 6:30 p.m.


City Recorder Sue Nelson administered the Oath of Office to Bruce S. Dalrymple as Interim City Councilor, Position No. 1.

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, 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.


06045 Presentation of Proposed Ordinance Regarding Vacant Buildings

Code Enforcement Officer George Fetzer explained the City had received complaints about vacant buildings that had become neighborhood nuisances. He said the current City Code did not adequately address the problems created by these vacant buildings; staff was asked to research the subject and draft a proposed ordinance that Council would be considering at this meeting (Agenda Bill 06050).

Fetzer presented a PowerPoint presentation concerning vacant buildings that had become neighborhood nuisances (in the record). He said the vacant buildings in Beaverton had become nuisances due to garbage, graffiti and vandalism; the buildings were easy to access for there were no windows or doors, and they presented an attractive nuisance to children and vagrants. He explained how the proposed ordinance would address these problems. He said this ordinance was intended to prevent urban blight that has been created by buildings that were in disrepair.

Fetzer said vacant buildings were serious fire hazards; they harbor rats and vermin, and result in declining property values in the neighborhood. He said the National Fire Protection Administration (NFPA) has stated that vacant buildings pose significant hazards to firefighters. He said in a fire, weakened structures collapse, open stairs or pits are serious fall hazards when smoke is present, and rubbish/litter can block passageways and cause rapid fire development. He showed pictures of the Worcester Fire ( Massachusetts) where the hazards in a vacant building resulted in the death of six firefighters. He said according to the NFPA more firefighters were injured in vacant and abandoned property fires than in any other type of structure fire.

Fetzer said the NFPA recommends the following solutions in dealing with vacant buildings: 1) Remove combustibles from the interior and exterior of the property; 2) Reduce the appearance of vacancy; and 3) Prevent entry into the building. He reviewed in detail how the proposed ordinance secures buildings and diminishes the appearance of vacancy. He said the final solution to abandoned buildings was demolition; though this could be costly, it would allow for new development. He said the City was proceeding towards demolition on one of the vacant properties in Beaverton and was working with the property owner on this matter. He explained how the public could report at-risk or problem properties to the City.

Coun. Doyle asked if the proposed ordinance was modeled after other existing ordinances.

Fetzer said he drafted the ordinance after studying several other vacant building ordinances. He said the City Attorney, the Chief Building Inspector, the Fire Marshal's staff and Mayor Drake had reviewed and approved the proposed ordinance.

Coun. Doyle referred to the 60-day provision in the definition section of the ordinance (Agenda Bill 06050) and asked if this was typical for this type of ordinance.

Fetzer replied that similar ordinances had a vacancy period that ranged from 30 to 120 days. He said 60 days seemed a reasonable amount of time.

Coun. Arnold referred to the ordinance and said 180 days without any work taking place on a building under construction seemed a long period of time.

Fetzer said that was from the requirements in the Uniform Building Code that allows 180 days without any activity before a building permit expires.

Coun. Arnold referred to Sections 4 and 5 of the proposed ordinance and asked what the distinction was between those sections.

Fetzer said Section 4 dealt with the building at grade or ground level (first floor); Section 5 dealt with the building ten feet above the grade or ground (second floor). He said at the ground level, doors and windows would need to be boarded up with plywood, bars and bolts to ensure the plywood could not be pried off. He said on the second floor access was more difficult and methods for blocking access would not need to be that extreme.

Coun. Arnold asked if the ordinance covered situations such as a hole near a door knob that would allow someone to reach in and open the door.

City Attorney Alan Rappleyea said in that case the door would not be considered intact and it would have to be boarded up.

Coun. Bode asked how many buildings in Beaverton pertained to the vacant building ordinance.

Fetzer said there were construction crews working on cleaning up the two houses on Division Street and that case would close; the house on Barrows Road and the building on Western Avenue were still active. He said once the ordinance became effective he could open a case on the house on Rebecca Lane.

Coun. Stanton confirmed with Fetzer that demolition was already addressed in Chapter 8 of the City Code and was not part of the proposed ordinance.

Mayor Drake thanked Fetzer for the presentation.


There were none.


Coun. Stanton said the four candidates for the Metro Council District 4 position would be speaking this Thursday (March 23rd) at 7:30 a.m., at the West Side Economic Alliance Breakfast Forum, at the Kingstad Center. She also said April 1-8, 2006, was National Library Week, and libraries in the Washington County Cooperative Services would be holding many special events. On April 1 at 1:00 p.m., at the Beaverton City Library, a storytelling event would be held and she invited everyone to attend.


There were none.


Mayor Drake said Agenda Bill 06047 was pulled and rescheduled to April 10, 2006.

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

Minutes of the Regular Meeting of March 6 and Special Meeting of March 8, 2006

06046 Authorize a Transfer Resolution to Establish the Appropriation to Purchase, Recondition and Equip a Used Paving Machine from the City of Portland (Resolution No. 3855)

Contract Review Board:

06047 Contract Award - Non-Discretionary Investment Advisory Services (Rescheduled to April 10, 2006)

06048 Exemption From Competitive Solicitation - Award Contract for Voice Over Internet Protocol (VolP) Equipment and Implementation Services Through the State of Oregon Price Agreement Number 1055

Question called on the motion. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0) Coun. Bode abstained from voting on the March 6 and 8, 2006 Minutes as she was not present at those meetings. Coun. Dalrymple abstained from voting on the March 6 and 8, 2006 Minutes as he was not an appointed councilor at that time.


06049 Public Hearing on Biggi Investment Partnership Measure 37 Claim

Mayor Drake opened the public hearing and requested a motion to continue the hearing to May 15, 2006.

Coun. Stanton MOVED, SECONDED by Coun. Arnold that Council continue the public hearing on the Biggi Investment Partnership Measure 37 Claim to May 15, 2006. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinance embodied in Agenda Bill 06050 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:

06050 An Ordinance Amending Chapter 5.05 of the Beaverton Code Regarding Vacant Buildings (Ordinance No. 4386)

Second Reading:

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

06043 An Ordinance Amending the Beaverton Code in Chapter Two Relating to the Inventory of Prisoner Personal Property and Declaring an Emergency (Ordinance No. 4385)

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that the ordinance embodied in Agenda Bill 06043 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 7:05 p.m.

Sue Nelson, City Recorder




Approved this 10th day of April, 2006.

Rob Drake, Mayor