BEAVERTON CITY COUNCIL

REGULAR MEETING

February 4, 2002

CALL TO ORDER:

A regular meeting of the Beaverton City Council was called to order by

Mayor Rob Drake in the Forrest C. Soth Council Chambers, 4755 SW

Griffith Drive, Beaverton, Oregon, on Monday, February 4, 2002, at 6:35

p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Fred Ruby, Evelyn Brzezinski, Dennis

Doyle, Forrest Soth, and Cathy Stanton.  Also present were Chief of Staff

Linda Adlard, City Attorney Mark Pilliod, Human Resources Director

Sandra Miller, Finance Director Patrick O’Claire, Community Development

Director Joe Grillo, Engineering Director Tom Ramisch,

Operations/Maintenance Director Steve Baker, Library Director Ed House,

Captain Wes Ervin, City Utility Engineer David Winship, Project Manager

Ben Shaw, and City Recorder Sue Nelson.

CITIZEN COMMUNICATION:

Catherine Arnold, Beaverton, said she was there as a member of the

Committee for Citizen Involvement (CCI) Land Use sub committee.  She

said CCI had been looking at the proposed code changes concerning “de

novo” versus “on the record” appeals.  She added they were gathering

information on prior appeal cases. She noted they would be contacting

Council for information on how influential they felt new evidence was in

their decision making on appeals and how effective they felt citizens had

been in offering testimony with appeals.

Coun. Brzezinski noted when the Councilors were contacted it would be

helpful to have examples of the two different types of appeals.  

Arnold noted they were gathering summary information on as many of the

appeals possible.  She asked what would be the best way to distribute the

information to Council for review.

Coun. Brezezinski suggested sending it electronically to the City Recorder

and she would distribute it to the Council by e-mail.

Henry Kane, Beaverton, reported the Court of Appeals remanded his

appeal back to Judge Upton on the Library bond issue.   He said the

appeal was to make a ruling on a motion to vacate the summary judgment

for the defendants, Mayor Drake and the City of Beaverton.  He said the

Judge said he would not make a ruling because it was not filed on time.

He said if he lost, the message would go out to public bodies that you can

ask the people for a bond issue and then use the money for something

you didn’t tell them about.  He concluded whether that was good or bad

public policy was a matter of argument; if it was a general practice

taxpayers would be reluctant to vote yes on bond issues.  

COUNCIL ITEMS:

Coun. Doyle announced the Gala Public Reception for the Beaverton Arts

Commission (BAC), would take place on February 9, 2002, from 7:00 p.m.

to 9:00 p.m. at the Library.  

STAFF ITEMS:

There were none.

CONSENT AGENDA: 

Coun. Ruby MOVED, SECONDED by Coun. Doyle, that the consent

agenda be approved as follows:

Minutes of the regular meeting of November 19, 2001

02027

A Resolution of Intent to Condemn Property for the Hall Boulevard Bike

Lanes Project (Resolution No. 3651)

02028

Water Storage Reservoir Improvements Intergovernmental Agreement

Between the City of Beaverton and the West Slope Water District

02029

CUP 2001-0008 Sprint PCS Monopole at SW 3rd Street Conditional Use

Permit

02030

Bid Award – Operations Center Chemical Room Alteration

Contract Review Board:

02031

Waiver of Sealed Bid to Purchase Avid/Ocean Systems Forensic Video

Analysis System, and Special Purpose Grant Budget Adjustment

Resolution for Expenditure of Local Law Enforcement Block Grant

(LLEBG) (Resolution No. 3652)

02032

Bid Award – 2002 Water Storage Reservoir Improvements 

02033

Contract Change Order – Community Development Block Grant Vose

Neighborhood Sidewalk Project Phase 1 (CIP Project 5016A)

Question called on the motion.  Couns. Brzezinski, Doyle, Stanton, Ruby

and Soth voting AYE, the motion CARRIED.  Coun. Stanton abstained

from voting on the approval of the minutes for November 19, 2001. (5:0) 

PUBLIC HEARING:

02034 

An Ordinance Amending Beaverton Code Sections 4.02.036 and 4.07.085

Relating to Systems Development Charges for Domestic Water Supply

and Storm Water Conveyance, Respectively, and Declaring an

Emergency (Ordinance No. 4195)

Coun. Stanton asked if the Development Liaison Committee had reviewed

this issue.

David Winship, City Utilities Engineer said there were extensive meetings

with the Development Liaison, from October 2000, through July 2001.    

Coun. Brzezinski noted there was an Ordinance attached to the agenda

bill and then there was a different Ordinance on the table that evening with

a different number with a slightly different title.  She asked if one took the

place of the other.

Mark Pilliod, City Attorney said he noticed, after the agenda bill was sent

out, that the title should have included the statement, “Declaring an

Emergency” which was the basis for Section Three.  He said otherwise

that section had not changed.  He noted that Section One was unclear in

Sub-section A of the existing 4.02.036.  He said it was the addition of Sub-

section B that was the basis for the change and for the most part it was

the same Ordinance with technical changes.  He added those were the

only changes indicated.

Coun. Brzezinski asked if that meant there was no Ordinance 4195.

Pilliod said it was his recommendation that they apply  Ordinance number

4195 to the later version. 

Mayor Drake opened the Public Hearing.

Mayor Drake asked if there was anyone who wished to testify, relating to

AB 02034 and Ordinance 4195.

There was no one who wished to testify.

Suspended:

Coun. Soth MOVED, SECONDED by Coun. Brzezinski, that the rules be

suspended, and that the ordinance (4195 revised) embodied in AB 02034

be read for the first time in full at this meeting and for the second time by

title only at this same meeting.  Couns. Brzezinski, Doyle, Ruby, Soth, and

Stanton voting AYE, the motion CARRIED unanimously (5:0)

Pilliod read the following ordinance for the first time in full and for the

second time by title only at this same meeting.

02034

An Ordinance Amending Beaverton Code Sections 4.02.036 and 4.07.085

Relating to Systems Development Charges for Domestic Water Supply

and Storm Water Conveyance, Respectively, and Declaring an

Emergency (Ordinance No. 4195)

Coun. Soth MOVED, SECONDED by Coun. Doyle, that the ordinance

embodied in AB 02034 (Ordinance No. 4195) now pass.  Roll call vote. 

Couns. Brzezinski, Ruby, Soth, Stanton and Doyle voting AYE, the motion

CARRIED unanimously. (5:0)

ORDINANCES:

Suspend Rules:

Coun.Soth MOVED, SECONDED by Coun. Stanton, that the rules be

suspended, and the ordinance embodied in AB 02035 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. Brzezinski, Doyle, Ruby,

Soth, and Stanton voting AYE, the motion CARRIED unanimously (5:0)

First Reading:

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

02035

An Ordinance Adding, Amending and Repealing Certain Provisions of

Chapters Five, Six and Seven of the Beaverton Code (Ordinance No.

4196)

 

Second Reading and Passage:

02023

An Ordinance Annexing One Parcel of Land Lying Generally Outside of the

Existing City Limits to the City of Beaverton; ANX 2001-0008 (Steele Park)

(Ordinance No. 4191)

02024

An Ordinance Annexing One Parcel of Land and Associated Right-of-way

Lying Generally Outside of the Existing City Limits to the City of Beaverton;

ANX 2001-0009 (Lilly K. Johnson Park) (Ordinance No. 4192)

02025

An Ordinance Annexing Five Parcels of Land And Associated Rights of

Way Lying Generally Outside of the Existing City Limits to the City of

Beaverton; ANX 2001-0010 (Garden Home Recreation Center) (Ordinance

No. 4193)

02026

An Ordinance Annexing Nine Parcels of Land And Associated Rights of

Way Lying Generally Outside of the Existing City Limits to the City of

Beaverton; ANX 2001-0011 (Peck Park/TVF&R Station 61) (Ordinance No.

4194)

Coun. Soth MOVED, SECONDED by Coun. Doyle, that the ordinances

embodied in ABs 02023, 02024, 02025, and 02026 now pass.  Roll call

vote.  Couns. Brzezinski, Ruby, Soth, Stanton and Doyle voting AYE, the

motion CARRIED unanimously.  (5:0)

ADJOURNMENT

There being no further business to come before the Council at this time,

the meeting was adjourned at 7:00 p.m.  

_______________________

Sue Nelson, City Recorder

APPROVAL:

Approved this 29th day of April 2002.

___________________________

Rob Drake, Mayor