FEBRUARY 26, 2007



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, February 26, 2007, at 6:35 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce S. Dalrymple, and Dennis Doyle.  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, Public Works Director Gary Brentano, Human Resources Director Nancy Bates, Police Chief David Bishop, Traffic Engineer Randy Wooley, Senior Planners Barbara Fryer and Margaret Middleton, and City Recorder Sue Nelson. 


Gary Rowell, Portland, District Administrator, Oregon Little League District 4,  recognized Miles Vance, Sports Editor, Beaverton Valley Times, as the Oregon Little League District 4 2006 Volunteer of the Year.  He said Vance attended and wrote articles on every District 4 tournament, including those out-of-state.  He said Vance and the Beaverton Valley Times Sports Division went over and beyond what he considered outstanding support. 

Rowell said also this year the Oregon Little League District 4 was awarded the Junior Western Regional Tournament for 13-and-14-year old boys, to be held July 31 - August 9, 2007, at the Tualatin Hills Park and Recreation District.  He said the winner of that tournament would go to the Junior League World Series in Michigan.  He said that was the next level up from where the Murray Hill boys were last year.  He asked for the City's assistance in promoting this event.    

Coun. Doyle seconded Rowell's comments about Vance.  He asked if he had contacted the Chamber of Commerce and the Visitors Bureau for assistance. 

Rowell said he contacted the Visitors Bureau and would contact the Chamber.  He said he was hoping to garner more support for the event so that it could continue to be hosted in Beaverton.

Coun. Dalrymple said he had known Vance for many years and he was a positive influence for community sports.   He said Vance had done a great job covering all of the sporting events for many years.

Coun. Bode thanked Rowell for the information.  She said two years ago she was a speaker at one of the tournaments in Beaverton.  She commended him for his participation in organized sports and said she would be willing to add her voice in support of these activities.   

Rowell thanked her and said there was no other place he would rather have the tournament than in Beaverton.


07035 - Report on 2005 Tree Program Update

Senior Planner Barbara Fryer presented a PowerPoint presentation on the 2005 Tree Program Update (in the record).  She reviewed the objectives of the Update and the categories of protected trees.  She said landscape and street trees were removed from the Tree Program for they were covered in other Code sections; and mitigation trees were added as protected trees.  She reviewed the changes to the Tree Program in detail. 

Fryer reviewed Tree Plans 1 and 2 (TP1/TP2), and the applications that were received for both in 2005 and 2006.   She said some of the TP2 Community Tree Applications drew public concern because the Code did not require mitigation for Community Trees and in each case many trees were removed.  She said because of this, the Planning Commission made the following recommendations for TP2 Community Tree Applications:  1) Criteria should be revisited with an incentive based program; 2) A Tree Plan 1 for Community Trees be developed so that clear cuts would be tied to development; 3) Mitigation be required for specific tree species of a certain size; and 4) Community Trees be protected through construction, if the trees were kept to protect the property.

Fryer reviewed Tree Plan 3 (TP3) requirements and the applications received in 2005 and 2006.  She said some developers chose to pay into the Mitigation Fund rather than keep the trees on their development.  She said the Mitigation Fund currently has a balance $119,035 and the Commission recommended that these funds be used for the Tualatin Hills Park & Recreation District's (THPRD) Oak Habitat Restoration Project and the Specimen Tree Planting Program. 

Fryer reviewed the difficulties encountered in monitoring and enforcing the Tree Program, during construction and after a project was completed.  She said the Planning Commission recommended the following solutions1) Requiring a cash deposit for mitigation and removal of dead, dying and hazardous trees that result from construction practices and development; 2) Implementing a TP1 Application for field changes required on site to remove a tree and pay a mitigation fee, if it appears the tree may develop problems from construction; and 3) Requiring that construction sites maintain a log of the arborist's visits that inspectors can review to track when trees were inspected and other tree-related activities.
Fryer said the Commission reviewed the mitigation requirements for Significant Groves and Significant Natural Resource Areas (SNRA).  She said the Commission felt it was better to replace as many trees on site as possible.  The Commission recommended a 2:1 mitigation on site (for every two trees removed, one would be replaced) and a 1:1 mitigation for any remaining trees. 

Fryer said winter storms brought down many trees in the nature parks and developments.  She said the THPRD was reviewing the options for handling these fallen trees as they were hazards; one option would be removal.  She said the Commission recommended that the trees be left in place unless they were on single-family lots.  She said the current Code required that fallen logs be left in place in Significant Groves and SNRA.  She said if the Council wished to change the Code, an amendment would need to be initiated. 

Fryer said staff was developing internal procedures to track tree removals on projects, to ensure preserved areas were protected, and to include an arborist report about all tree plan applications.  She said the Planning Commission also recommended clarifying the definition of nuisance tree, adopting plant lists by resolution and defining the root zone as five feet beyond the canopy or ANSI, whichever would be greater. 

Coun. Doyle asked if the Planning Commission held a work session on this issue and questioned what staff was seeking from Council. 

Fryer said the Commission had a work session and made recommendations for the Update.  She said staff was soliciting Council input; that input would be combined with the Commission's recommendations and a public hearing would be held on the proposed Code revisions to solicit public input.     

Coun. Bode said there were two competing policies concerning blow downs in natural parks: community safety and usability vs. Mother Nature's natural cleaning process.  She said it would take too long for the park paths to be cleaned naturally and the parks must be safe for the community to use.  She asked staff to weigh in more heavily towards allowing cleanup of the parks when natural events bring down trees and vegetation.  She said the recommended standard suggests that all root zones and growth patterns were the same.  She said the root ball of a poplar was very different from that of a northern pine.  She said she thought five feet beyond the canopy was a more realistic standard.  She said she thought it would be better to have one single standard and asked if that could be revisited.   

Fryer replied that it could
Coun. Dalrymple said he wanted to ensure there was a public process and that developers, homeowners, businesses and the THPRD would be contacted and involved.  He suggested that under Enforcement Solutions, the City allow a bond as well as cash for mitigation and removal.  He said from his 18 years with THPRD and as a developer, he thought this process was complicated, burdensome and over-the-top in relationship to forest management.  He said he did not want to see key trails closed due to fallen trees, whatever the cause.  He said the THPRD had a plan in place for managing the natural resources in the District.  He said he would be very careful about putting over-burdensome restrictions on the THPRD.  He referred to the comment that protection was not occurring for the 50% preserved area and cautioned against being too restrictive, for that would compromise a developer's opportunity to produce a nice plan.  He said he did not want the restrictions to negatively impact good things that new development could do for the infill properties.    

Coun. Doyle said the impact of these regulations could be enormous, burdensome and protective.  He asked what professional foresters said concerning blow downs in urban forests that were used by many people.  He said in Highland Park many trees were blown down; the THPRD opened the pathways but left the trees on either side of the path. 

Fryer said the City of Portland cuts the trees to clear the trails, but leaves the rest of the tree in place; the tree sections that are cut from the trail are placed in the forested area so they can degrade over time as part of the natural process.    

Coun. Doyle asked if Portland had lost 300 trees in the blow down this year. 

Fryer replied it had not.

Coun. Doyle asked if the rest of the Council would agree that this should go back to the Planning Commission for full hearing so that all the entities can comment on the revisions.  He said this was serious and he was uncomfortable with strict language that would prohibit the THPRD from taking certain actions. 

Fryer explained that one of the issues was that the current Code has such strict language and restrictions.  She said what was being recommended was alternate language that was more lenient. 

Coun. Doyle said that was necessary.  He said the urban forests and trees have to be protected in a safe and beneficial manner that ensures the long term integrity of those tracts.

Mayor Drake said the Council adopted this Code and asked that staff return with a report on how it was working.  He said this could be sent back to the Planning Commission to review certain issues.  He said that timber would be worth a great deal of money and it would give the THPRD a great opportunity to replant native species and trees to improve the park.     

Coun. Arnold asked why the Planning Commission ruled the way it did on the THPRD areas.

Fryer said the Commission felt the nature park was a natural system, that a blow down was a natural occurrence and that this was the example of what a nature park should look like.  If blow down occurred, there should be a kiosk that explained what happened and what was happening over time in that area.  She said the Commission felt the trees could be cut to open the path and then just left in place. 
Coun. Arnold asked if the THPRD was involved in these discussions.

Fryer said she had discussed this with the THPRD staff and her concern was that the City's Code states the tree has to be left in place, which does not give the THPRD an option to do something else with the tree.  She said it would allow clearance of the path but it would not allow other options such as helicopter removal when many trees come down.  She said she wanted to find a solution that would work for the THPRD. 

Coun. Arnold asked if it made sense to address this in the City Code, or should it be omitted from the Code and the City would then rely on the THPRD's expertise to deal with the natural area.    

Fryer said one reason to include this in the Code was that if there was an SNRA set aside as a tract, and trees around it had to come down for development, those trees would stay in the tract to provide the wooded setting.  She said that may need revision so that it would not be so limiting in its capacity.     

Coun. Arnold said she favored a middle-of-the-road approach between turning this over to the THPRD totally or deciding that the City should make a ruling.  She said joint discussion between the City and the District might be best.  She said she had heard that in a tree grove the trees on the outer edge were the strongest; when the stronger trees were cut down, the weaker inner trees were more likely to blow down.  She asked if that was discussed and what was the resolution. 

Fryer said blow down was a complex issue.  She said it could occur because of the way trees were preserved.  She said typically a row of trees could blow down; usually a large solid clump of trees would not blow down.  She said in the nature park it was a tree grove that blew down; this was an odd phenomenon and unexpected.  She said under current preservation practices, if that same gust of wind came through it could blow down a tree cluster.  She said she was not sure what could be done in the tracts to prevent that from happening.

Coun. Arnold related a story about a woman who had a tree with 12 foot branches that were a hazard.  She said there were trees, like poplars, that were not good for housing areas and she asked if that was considered.

Fryer said poplar trees were considered a nuisance/hazard tree and could be removed at anytime and anywhere in the city.  She said there were around ten nuisance trees that fall into this category.  She said if a nuisance tree was in a SNRA, removal of the tree would be allowed without a permit. 

Mayor Drake said in referring this back to the Commission, other issues to consider were Ballot Measure 37 and its affect, and what would happen if no entity wanted to claim the tree groves that were set aside.  He noted the THPRD did not want small tracts; people love trees but do not want to maintain them.  He agreed care was needed concerning the root zone issue and poplar trees were trouble.  He said he agreed they needed to find a reasonable way to preserve the large tree tracts.    

Coun. Bode asked if the Urban Management Plan was a take off from the Federal Management Plan for tree groves.  She said the Federal Plan said that fallen trees would stay and the forest would not be cleaned.  She said that created a fuel source for the fires that have occurred in the Oregon mountains.  She noted this summer Highland Park was posted with Fire Hazard signs.  She asked what the management plan was when considering this increasing fuel source.  She said this created a greater threat.  She said another consideration was that wooded areas were closer to developments and required careful management so as not to be a threat to homes and citizens.  She asked that these issues be considered.

Coun. Dalrymple said he thought the key was balance, for Beaverton is a Tree City.  He asked how some of the ideas came to the Planning Commission.

Fryer said the internal issues were identified by Development staff and reviewed by Planning Services staff.  She said regarding community trees, the Planning Commission accepted two of the staff's six recommendations and then added a third, that the Tree Plan 1 clear cut be tied to development.    

Coun. Dalrymple said he did not want them to have such a text book approach rather than a practical approach.  He suggested looking at this again.  He said he wanted this city to work with developers for the benefit of future growth.

Coun. Doyle referred to tree problems that occurred at Palomar Estates and asked what caused those issues. 

Fryer said the trees that were preserved at Palomar Estates were within a Significant Grove.  She said the trees had a four foot protection zone but frequently during construction the fence was moved and monitoring was not as frequent as needed to catch when the fence was moved. 

Coun. Doyle said it would be good if they could put some sensibility into the Code to deal with unique circumstances and develop unique solutions.  He said he was glad she brought this forward as the Code requires more flexibility than it currently provides. 

Coun. Arnold thanked Fryer for her excellent work.  She added that Fryer knew the trees in this city better than anyone for she had worked with them since the beginning of the inventory process many years ago. 

Mayor Drake asked if there was Council consensus to send this back to the Planning Commission to review the Council's comments from this session.

Coun. Bode MOVED, SECONDED by Coun. Doyle, that Council send this matter, along with Council's comments, back to the Planning Commission for additional review and public hearing prior to returning this to Council.  Couns. Arnold, Bode, Dalrymple and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)

07036  Small Transportation Improvement Projects

Mayor Drake said Coun. Dalrymple had asked to see a list of the City's Small Transportation Improvement Projects.  He explained that annually the Council approves the Capital Improvements Plan, which lists improvement projects in the City in preparation for the budget process. He said over the last 18 months, there were county-wide discussions concerning the need to find funding sources for many transportation improvement projects that were not currently funded.  He said this presentation would cover what the cities and county were doing regarding funding, and potential funding sources.  He said the goal was to develop an action plan.

Public Works Director Gary Brentano said the presentation would cover potential small transportation projects, funding options that have the most potential to generate revenue for capital projects and maintenance activities, and the need to increase funding for maintenance.  He said the Street Fund does not have a broad funding base; revenue comes mainly from State Gas Tax, Transportation Impact Fees and development activities.  He said this year the Street Fund started with a balance of $6.4 million and the estimated ending balance is $2.7 million.  He said the City contributed a great deal to the street maintenance program at the expense of larger capital improvement projects.  He said while the City faced challenges, it did not have enormous unfunded liabilities.  He said there were large projects that would be done in stages over the next few years in order to fund the work.  He said the City would need to focus on arterial and collector streets at the expense of some residential streets.  He said he did not think they would get far behind but there were issues that have to be addressed.  He added that the small transportation projects fit the criteria previously adopted by the Council:  Capacity, Connectivity, Safety and Livability.

Transportation Engineer Randy Wooley explained staff was asked to identify small transportation projects that could be done for $2 million or less.  He said they selected small projects from the Transportation System Plan and larger projects that could be broken down into smaller components and done on their own.  He said staff also included areas where they knew problems existed.  He said from that staff prepared the Current Small Transportation Projects list (in the record).  He said the first half of the list consisted of projects that met the safety and livability criteria; these were mainly pedestrian and bicycle improvements.  He said staff looked at high volume streets that needed sidewalks and to keep costs down, the estimates were based on constructing sidewalks only on one side of the street.  He said the second half of the project list addressed the capacity criteria, which also improves safety and livability.  He said these projects consisted of intersection improvements and were more expensive.  He reviewed the projects in detail.    

Senior Planner Margaret Middleton reviewed transportation funding options as follows:  1) City Traffic Impact Fee (TIF).  She said this would be a system development charge on new development; it would be over and above the County TIF.  She said TIFs were based on trip generation rates that were developed and accepted by the Institute of Transportation Engineers (ITE).  She said this has the potential to generate $1-3 million per year depending upon development activity.  2) Street Utility Fee.  She said this would be used for street maintenance and would be collected monthly with the water utility bill.  She said the fee was based on ITE trip generation rates and has the potential to generate $2-3 million per year.  3) Local Improvement District (LID).  She explained LIDs would fund improvements that were specific to a group of property owners; they require owner and voter approval and are assessed against property.  She said LIDs were best used for smaller projects such as sidewalks. 

Brentano asked that the Council establish priorities for the small transportation improvement projects and that they identify preferred funding options.  He said staff would do further financial analysis on the preferred funding options.  He said from that they would take the priority list and develop a construction program.   He said the projects would be scheduled over several years, for none of the revenue options presented would provide sufficient revenue to construct all of the projects in one or two years. 

Mayor Drake said that if the County adopted a county-wide TIF, and the cities then adopted the County's TIF, the City might consider reducing its TIF equal to what the County had approved.  He said that would maintain balance with the other cities.  He said the TIF would be paid by new development.  He said the other potential was that the street utility fee would be an on-going fee paid by everyone (residential, commercial and industrial customers). 

Brentano said the City of Sherwood recently adopted its own TIF and conditioned that fee to the County's TIF (if the County's TIF is approved, it would offset Sherwood's TIF).   He said if the Council approved this option, the City would do the same thing so it would not be out of balance with other cities relative to what developers are expected to pay within the City.  He said the monthly utility fee would be in perpetuity for the purposes of funding road maintenance on a continuing basis.  He said the Council would still decide annually how much to spend on maintenance and capital projects.    

Coun. Arnold asked if all the projects on the list were on an approved list for future improvements but had no funding.    

Wooley said the projects were in the Transportation System Plan and were identified as needed by 2020; most of them were already needed.  He said they were not in the current CIP for they were not funded.

Coun. Arnold said in adding up all the project costs, it looked like it would take about five years.

Brentano confirmed that was correct.

Coun. Doyle asked if the revenue options had a sunset clause and if there would be public involvement on this issue.  He asked how many projects were not on the list.    

Wooley said in the Transportation System Plan the City's share of project needs through 2020 was $300 million.  He said this list was a small portion of that. 
Coun. Doyle asked if they had considered a gas tax similar to Tigard's.

Brentano said it was on the list.  He said that Tigard has a utility fee and a gas tax, and Tualatin has had a utility fee since 1994.  He said this indicated that other cities have recognized that gas tax revenue from the State and County has not met their needs on a continuing basis.  He said staff tried to identify projects that had primary benefit to people within the city and were of a magnitude that they could be funded and constructed in the short term.  He said the remainder of the $300 million in projects needed to be part of another discussion for there was no way to do these projects without an outside funding source that was not based within the City.    

Coun. Doyle asked if the gasoline tax would not have an impact.

Mayor Drake said the gas tax was discussed and they preferred not to impact the retailers.  He said people could decide to not buy gas in Beaverton and instead go to other cities that do not have the tax. 

Brentano added that the gas tax would create a large level of concern and yet the revenue generated would be minimal.  He said the City currently received only $300,000 from the County gas tax. 

Coun. Doyle said he agreed that Council needs to consider funding options for something has to be done to solve the traffic problems in the community.    

Coun. Dalrymple said this was a big issue and it would take bold action on the part of the City and others State wide to do what is necessary.  He said the City could not do this on its own.  He said he was not against the TIF, but he would want to be sure it was commensurate with the ITE count or something similar.  He said Washington County provides credit for certain work done within the right-of-way and he hoped the City would do that.  He said he thought using the LID process to construct the sidewalk projects was reasonable. 

Coun. Dalrymple asked Wooley for clarification of his comment that the commuter rail project would benefit from the intersection improvements at Lombard Avenue and Farmington Road.

Wooley said the commuter rail project would be relocating rail and traffic signals at that intersection.  He said as part of that, they were allowing for that right turn lane to be added in the future.  He said it would be less expensive to wait until the commuter rail project is completed rather than doing it now.    

Coun. Dalrymple asked if the $2 million allotted for the intersection of Farmington Road and Murray Boulevard only covered purchase of the right-of-way, and the City would need to seek additional funding for the improvements.

Wooley said that was correct.  He said the application for the intersection improvement was almost $5 million this year and the cost for the entire street from Murray Road to Hocken Avenue was $8-10 million.  He said that was why they were trying to divide this project into smaller components.  He said the reason the right-of-way cost was a bit high was because the City currently has a willing seller and staff did not wish to delay and lose the seller. 

Coun. Dalrymple referred to the Street Fund Schedule (in the record) and asked if the balance available was $2.75 million.

Finance Director Patrick O’Claire explained the $2.75 million was this fiscal year's projected ending working capital in the Street Fund.  He said the Street Fund receives the gas tax from the State and County, and provides for all the maintenance activities.  He said the schedule was intended to show that the gas tax revenue covers the Street Fund maintenance activities and some transfers for capital projects.  He said that number (ending balance) would vary from year to year.  He said the $2.75 million could be used one time for capital projects and then over time it would build back up.  He confirmed the $2.75 million was a carry-forward amount and once those funds were spent the balance would be zero and the account would have to build back up.    

Coun. Dalrymple thanked staff for assembling the list.  He said he was surprised at the cost of these projects but with the standards that have to be met, he could understand how the costs increase.  He said it would be interesting to have a public process to help determine what projects should be selected. 

Mayor Drake said the construction index had risen each year and the cost of steel and gravel had gone way up.  He said the other cost element was that the City did not own the right-of-way on all of the intersection projects, so the City may have to purchase the land to install these improvements.  He said this all leads to the increased costs.   

Coun. Dalrymple said this was very important because costs were increasing significantly and it would never cost less than what it costs today.  He said today's dollars would buy more than tomorrow's.  He said that was why it was important to start now; there was a lot to do and some bold decisions have to be made for the primary benefit has to be for the citizens.

Coun. Doyle said he thought staff should prioritize the projects, for they knew the priorities and what was currently happening region-wide and then make a recommendation to Council.  He said he was comfortable in looking at the funding options.  He asked if redevelopment was subject to TIF fees. 

Wooley said that any development that increased the traffic impact would pay the TIF.   

Coun. Doyle said this could have an impact on redevelopment.

Coun. Arnold asked if the TIF fees for redevelopment were a density differential. 

Wooley replied it was based on the number of new trips generated.

Coun. Arnold said she would be curious to see what the assessments would be for sidewalk construction projects handled through LIDs.  She said she knew in past LIDs the owners could not bear the whole cost.  She said it might make sense for the City to pay part of the assessment in order to encourage the property owners to approve the LID.

Brentano said that was possible and it might be a good idea for the 155th Avenue project where there were a number of elements including sidewalks, curbs, gutters, storm drains and utility relocations.  He said the project would be covered from a variety of funds.  He said if the pedestrian improvements were segregated out as an LID, then it was possible to make that reasonable for a property owner.

Coun. Arnold said if the City moved toward taxing, she liked the idea of balancing.  She said it would be interesting to hear what the neighborhoods have to say about these projects, especially if they were assessing costs. 

Drake said they would need a solid project to present to the public.  He said the TIF was for increased capacity projects only; it could not be used for sidewalks.  He said the fairness in the TIF was that if development or redevelopment was generating increased traffic, they would pay accordingly.

Coun. Arnold said regarding fairness, her concern was that they were considering increasing the burden to the development community and yet the capacity improvements would benefit existing citizens.   She said the other question was how much revenue the City would receive from the TIF only versus an additional fee for everyone.

Coun. Doyle said his least favorite experience was enacting an LID.  He said if it was done properly, correctly, slowly and deliberately it had worked.  

Mayor Drake said Coun. Stanton was not able to attend the meeting but he read her comments, as follows:  She never wanted to do away with the privilege tax on the electric utility bills for undergrounding.  She was a great believer in the niche or user taxes, therefore she really liked the street utility fee as it provides another toll (pot of money) for meeting transportation needs of the City; it would be an equitable way to raise additional funds.  As to projects, any monies found should go to the 125th Avenue Extension project.  As to projects on the list, if there were funds available she would like to see sidewalks near schools and in interested neighborhoods, for example Davies Road, all of Menlo Street, Vermont Street and West Slope Drive and intersection capacity improvements.    

Coun. Bode said the rational for prioritizing the projects was pro-community, safety and livability.  She said some of the improvements would help those who drive through Beaverton and sidewalks would become more critical.  She asked staff to move forward so that projects could be presented to the neighborhoods.  She said it was critical to purchase the land for the intersection improvements as soon as possible.  She said she liked the criteria they were using. 


Mayor Drake called for a brief recess at 8:35 p.m. 


Mayor Drake reconvened the meeting at 8:50 p.m.


There were none.


There were none.


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

Minutes of the Special Joint Meeting of January 29, 2007

07037  Liquor Licenses: Change of Ownership: Scholls & Allen Market Deli; Thai Derm Original Thai Cooking

Contract Review Board:

07038  Authorize the City Attorney to Enter into a Professional Services Contract with Outside Counsel to Provide Legal Review and Consultation

07039  Authorize the City Attorney to Enter into a Professional Services Contract with Outside Counsel to Provide Legal Consultation

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


07040  Resolution of Nike v. City of Beaverton Litigation

Coun. Doyle MOVED, SECONDED by Coun. Bode, that Council approve Agenda Bill 07040, Resolution of the Nike v. City of Beaverton litigation with the funding outlined in the agenda bill.   

Coun. Doyle asked the City Attorney if the appeal period expired at 5:00 p.m. on March 8, 2007.

City Attorney Alan Rappleyea said that was correct.

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


Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinance embodied in Agenda Bill 07041 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. 

Coun. Arnold said she would abstain from voting on this issue as she may have a potential conflict of interest.  She said she was currently working for a company that leases one of the buildings on this site. 

Question called on the motion.  Couns. Bode, Dalrymple, and Doyle voting AYE, the MOTION CARRIED unanimously.  (3:0:1)  Coun. Arnold abstained.

First Reading:

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

07041  An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Six Properties Located in Central Beaverton; CPA 2006-0017/ZMA 2006-0023 (Ordinance No. 4424) 

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinances embodied in Agenda Bills 07042, 07043, 07044, 07045 and 07046, 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, and Doyle voting AYE, the MOTION CARRIED unanimously.  (4:0) 

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

07042  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 East of SW Hocken Avenue and West of SW Cedar Hills Boulevard on the South Side of SW Jenkins Road; CPA 2007-0002/ZMA 2007-0001 (Ordinance No. 4425)

07043  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 South of NW Walker Road and North of Baseline Road, on the East Side of SW 173rd Avenue; CPA 2007-0003/ZMA 2007-0002 (Ordinance No. 4426)

07044  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 South of NW Waterhouse Avenue, North of NW Blueridge Drive and East of NW Turnberry Terrace, on the West Side of NW 158th Avenue; CPA 2007-0004/ZMA 2007-0003 (Ordinance No. 4427)

07045  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 West of NW 167th Place, East of NW 173rd Place and South of the Sunset Highway, on the North Side of NW Cornell Road; CPA 2007-0005/ZMA 2007-0004 (Ordinance No. 4428)

07046  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 Both North and West of NW Cornell Road, East of NW Bethany Boulevard and South of the Bethany-Cornell Onramp to the Sunset Highway; CPA 2007-0006/ZMA 2007-0005 (Ordinance No. 4429)

Second Reading:

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

07025  An Ordinance Relating to the Use and Possession of Replica Firearms in a Public Place (Ordinance 4423)

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the ordinance embodied in Agenda Bill 07025 now pass.  Roll call vote.  Couns. Arnold, Bode, Dalrymple, and Doyle 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 9:00 p.m.

Sue Nelson, City Recorder




Approved this 2nd day of April, 2007.

Rob Drake, Mayor