MAY 1, 2006


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, May 1, 2006 at 6:30 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode (Coun. Bode left the meeting at the beginning of the executive session), Bruce Dalrymple, Dennis Doyle and Cathy Stanton (Coun. Stanton arrived during executive session). 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, Deputy Police Chief Chris Gibson, Development Services Manager Steve Sparks and City Recorder Sue Nelson.


Mayor Drake proclaimed April 30-May 6, 2006 as Municipal Clerks Week. He complimented City Recorder Sue Nelson and her staff for their excellent work.

Mayor Drake proclaimed May 14-21, 2006 as Emergency Medical Services Week, and he introduced Megan Tatum and Bob Miles, from Metro West Ambulance.

Emergency Medical Technician (EMT) Megan Tatum said Metro West Ambulance has provided ambulance service in Oregon since 1953. She said she was honored that the City trusted Metro West Ambulance to serve the community and she looked forward to continuing the relationship. She said Emergency Medical Services Week would be May 14-21, 2006, and the proclamation and recognition of EMT staff was very important to all the professionals who worked in this industry. She said Washington County had one of the best emergency health care systems in Oregon. She said emergency medical staff included EMTs, fire and police department staff, and emergency room staff. She said their goal was to meet the emergency needs of the community in a compassionate, timely and professional manner. On behalf of all emergency personnel in Beaverton, she thanked Mayor Drake for the proclamation and for the City's continued support of emergency medical workers.

Mayor Drake presented the proclamation to Mr. Miles and said the City appreciated their good work.

Mayor Drake proclaimed May 1-7, 2006 as Cover the Uninsured Week.

Coun. Bode said there are over 80,000 uninsured individuals in Washington County. She said when the Virginia Garcia Health Care Clinic opened in Beaverton two years ago, it qualified as a federally-qualified health care clinic because it met the federal guidelines for the number of people in the community who lived below the poverty level. She referred to an article by Janis Berger, Administrator at Providence St. Vincent's Hospital, that documented the Clinic since it opened two years ago, and it has served over 20,000 uninsured patients. She said Lifeworks Northwest, Community Action and the Hillsboro Central Health Clinic also serve the uninsured. She said it was a sad commentary for the whole country that proclamations such as Cover the Uninsured Week were needed.


There were none.


There were none.


There were none.


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

Minutes of the City Council Regular Meeting of April 17, 2006

06066 Liquor Licenses: Change of Ownership - Shell Station 311; Shell Station 312; and Shell Station 320

06067 Approval of the City of Beaverton 2006 Action Plan Submission to Washington County

06068 Traffic Commission Issue No.: TC 592 - Speed Limit on SW Barrows Road

Contract Review Board:

06069 Extension of Current Retainer Agreements for Professional Services in Support of the FY 2006/07 Capital Improvements Plan

06070 Bid Award of Independent Dump Trucks Contracted Hourly

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

Coun. Doyle said he was glad to see the Traffic Commission move forward with lowering the speed limit on SW Barrows Road. He referred to a fatal accident on that road recently and said he hoped decreasing the speed limit would result in drivers paying closer attention on that curved road. He said he heard from several people who were happy that the speed limit was lowered.


Mayor Drake explained that the Council was adjourning to an executive session to discuss litigation prior to the public hearing.

Coun. Doyle 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. Couns. Arnold, Bode, Dalrymple and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)

The executive session convened at 6:45 p.m.

Coun. Cathy Stanton arrived during the executive session.

The executive session adjourned at 7:15 p.m.

The regular meeting reconvened at 7:15 p.m.


06071 Measure 37 Claim (Randy Francis)

Mayor Drake explained the City had informally reached an agreement with Mr. Francis concerning his Measure 37 Claim. He reviewed the process for the hearing: first the staff report would be heard; then the City Attorney would explain the proposed settlement; testimony would then be heard followed by Council questions. He said the hearing would then be closed and Council would make its decision.

Development Services Manager Steve Sparks reviewed the Measure 37 Claim by Randy Francis. He said there were 22 individual properties that were divided into three groups. He said the first group was the Beaverton Ford Dealership between Canyon Road, Hall Boulevard and Watson Avenue; the second group was Beaverton Hyundai Dealership between Farmington Road and Tualatin Valley Highway; the third group was the Beaverton Nissan Dealership on the corner of Tualatin Valley Highway and Tualaway Avenue. He said the Hyundai and Nissan sites were zoned General Commercial and the Ford Dealership was zoned Regional Center Transit Oriented. He said the main component of the claim was zoning and landscaping regulations that may have impacted the ability to have a car lot. He said an agreement had been reached on the claim.

City Attorney Alan Rappleyea said when the Measure 37 Claim was filed it was very broad addressing many Code regulations. He said staff had met with Mr. Francis and reviewed the Code provisions to determine the main regulations that concerned Mr. Francis. He said the first issue of concern was a condition of approval placed on a prior land use decision for the Hall Boulevard/Watson Avenue triangular property. He said that condition required a 52-foot easement for a sewer line that had been there for 50 years and never had an easement. He said this impacted the property and Mr. Francis was seeking relief from that condition. He said the first provision in the settlement agreement was that the 52-foot easement would be modified to a 26-foot easement, and this condition would terminate in the Year 2030 (the end of the current lease on the property). He said the modification to the condition was placed in the land use file.

Rappleyea said Mr. Francis's second concern was landscaping requirements that prevented the viewing of vehicles on the property and affected vehicle sales. He said staff agreed to not apply the regulations that blocked the visibility of vehicles for sale. He said the third issue was the limitations regarding parking vehicles in the floodplain. He said staff agreed to modify the regulations so vehicles could be parked on the floodplain site and an emergency vehicle removal plan would have to be developed that would make it possible to evacuate the vehicles within two hours of a flood advisory from the National Weather Service. He said Mr. Francis agreed with this provision as it was in his best interest to remove the vehicles from the site if there was a flood.

Rappleyea said Mr. Francis's major concern was the restrictions on vehicle sales, lease or rentals uses, that required that expansion of those uses be enclosed within a building, and the restriction on major automobile use. He said Mr. Francis was concerned that the current vehicle sales would be a non-conforming use, and he wanted to make it a conforming use. He said the City was hopeful that this area may redevelop to more intense uses in the future, and vehicle sales would be an easy transition to more intense uses. He said these were the provisions of the settlement agreement.

Rappleyea said as part of the consideration of this claim, Mr. Francis would withdraw all claims on the Hyundai and Nissan Dealership properties and forego all Measure 37 claims on the Beaverton Ford Property. He said Mr. Francis and staff agreed to the settlement.

Mayor Drake opened the public hearing.

Joseph Schaeffer, Portland, land use consultant for Mr. Francis and Randy Francis, Wilsonville, claimant, introduced themselves.

Mr. Francis said in dealing with this claim his intent was to allow the business to continue as it had in the past and still comply with City regulations. He said City staff was very helpful in explaining what could and could not be done. He complimented the City Attorney and Community Development Director Joe Grillo. He said they reached an appropriate settlement. He complimented the Mayor and City Council for all they had done for the City over the years.

Mayor Drake said he appreciated Mr. Francis's spirit in trying to find a resolution. He complimented Mr. Francis as one who has always worked cooperatively to find effective solutions. He said Measure 37 left many questions unanswered and he had hoped the courts would do more. He said at the last session the Legislature failed to do its job of further refining issues from Measure 37. He noted the City Council makes decisions on many issues at every meeting and said he was proud that the Council does not defer decisions or try to hand them off to others. He said he was proud of the professional attitude by staff, Mr. Francis and Mr. Schaeffer in resolving this claim. He said he hoped all future claims would end as satisfactorily as this one, where the property owner's and the community's needs are successfully met. He thanked everyone for all their efforts.

Coun. Stanton referred to the emergency vehicle evacuation plan required for the floodplain parcel and asked who would know where the keys would be for the many vehicles on the lot so in an emergency the site could be evacuated in two hours.

Francis said they have a computer key system; the number of the vehicle is entered into the computer and the key comes out. He said they could clear their property quickly and easily.

Mayor Drake asked if anyone wished to testify on this matter.

Don Delzer, Beaverton, said he had been a Beaverton resident for 16 years on Tualaway. He requested clarification on the landscaping changes that were planned. He referred to Beaverton being a Tree City USA and said one of the attractive features of the Nissan Dealership site was that it has many mature trees. He asked about the plan for this site.

Rappleyea said the settlement provides that the City would not apply landscape regulations that would substantially block the viewing of vehicles for sale on the property. He said this was for new landscaping. He said this would not involve cutting down trees. He said it would also not allow putting up hedges of trees.

Delzer asked if there were plans to remove the fence between Canyon Road and the Nissan Dealership.

Rappleyea said this settlement only deals with the Beaverton Ford properties downtown. He said as part of the settlement Mr. Francis removed the claims on the Nissan and Hyundai Dealerships properties, so the existing Code would continue to apply on those sites.

There being no further comment, Mayor Drake closed the hearing.

Rappleyea explained if the Council wished to approve this settlement, the proper motion would be to authorize the Mayor to enter into the settlement agreement.

Coun. Doyle MOVED, SECONDED by Coun. Dalrymple, that Council authorize the Mayor to enter into the settlement agreement as contained in Agenda Bill 06071, Exhibit 1.

Coun. Doyle thanked Mr. Francis, Mr. Schaeffer and City staff for how they handled this claim; narrowing the claim down to the real issues of concern. He said this was using common sense and he congratulated everyone for successfully getting through an unchartered path.

Coun. Stanton thanked Mr. Francis for his willingness to cooperate and commitment to the community. She said she really appreciated that Mr. Francis wanted to keep doing business as usual; that he did not seek additional concessions and that he was willing to work with the City to achieve that.

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


Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinance embodied in Agenda Bill 06072 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, Dalrymple, Doyle, 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:

06072 An Ordinance Annexing Four Parcels Located in the General Vicinity of SW Laurelwood Avenue and SW Hazelnut Lane to the City of Beaverton Expedited Annexation 2006-0001 (Ordinance No. 4391)


Coun. Stanton referred to the payday loan issue that Council considered under a work session at the last meeting. She said the Legislature passed a payday loan regulation bill to be effective July 2007. She said she had asked Rappleyea to do a presentation to Council on the City's options to enact regulations in the interim, so the City would not have to wait for the State's regulations in 2007. She said Rappleyea said he would have something next Monday night.

Coun. Stanton noted she missed the consideration of the Consent Agenda. She said she had concerns regarding Agenda Bill 06070, Bid Award of Independent Dump Trucks Contracted Hourly. She said this contract award allowed for contract changes without the Council approval. She said she wanted the Council to see the contract changes, not for approval but to be aware of how the contract is amended.

Public Works Director Gary Brentano said three years ago, when the City began street paving staff learned quickly the City did not have enough trucks to haul asphalt to the jobs. He said they contacted independent trucking firms to see if they would provide hauling services and they agreed to do so at a rate of $50.00 per hour. He said this was done on a contingency basis because the number of trucks needed varies per job; contracting this service provides flexibility and saves the City a great deal of money. He said it also reduces criticism from having City crews do most of the work; private businesses can participate in these projects. He said it was a benefit for everyone involved. He said the contract before Council was essentially the same as the contract from three years ago. He said staff would be willing to review any contract changes with the Council.

Coun. Stanton said the agenda bill states the “City shall have the option” to make contract changes. She said she would like to be kept informed of how the contract may change. She asked when a truck was rented did the vehicle use the City's fuel.

Brentano replied that was not the case, the hauler provides their own labor, fuel, insurance and driver. They are contracting out their equipment and the operator for the purposes of transporting whatever the City needs.


There being no further business to come before the Council at this time, the meeting was adjourned at 7:55 p.m.


Sue Nelson, City Recorder




Approved this 8th day of May, 2006.

Rob Drake, Mayor