BEAVERTON CITY COUNCIL

REGULAR MEETING

January 28, 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, January 28, 2002, at 6:30

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,  Library Director

Ed House, and City Recorder Sue Nelson.  Also present were Police

Captain Stan Newland, Project Engineer Joel Howie, Associate Planner

Tyler Ryerson, and Utilities Engineer David Winship.  

CITIZEN COMMUNICATION:

Mayor Drake recognized Boy Scout Paul Knudsen who addressed the

Council and said he was working on his communication merit badge.  He

said he was a freshman at Aloha High School.  

COUNCIL ITEMS:

Mayor Drake said he had distributed pictures of the Barney reservoir to the

Council and commented the reservoir was full.  

Coun. Stanton said Tom Bryant (Executive, Washington County

Commission) spoke at the Washington County Affairs Forum and said

that it had rained more this year than all of last year.  

Coun. Stanton said in less than four months there was more rain than all

of last year.  

Engineering Director, Tom Ramisch replied that was correct.  

STAFF ITEMS:

There were none.

Mayor Drake said AB 02012 would be pulled for separate consideration.  

CONSENT AGENDA: 

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

agenda be approved as follows:

Minutes of the regular meeting of August 20, 2001

02012

Extension of Section 2.07 of the Disposition and Development Agreement

with Microclimates, Inc. and Beaverton-DPP, LLC and Transfer Resolution

(pulled for separate consideration) 

02013

Approval – Joint Funding Agreement, Implementation Plan for Formation of

Tri-County Drinking Water Agency

02014

CUP 2001-0017 Prince of Peace Lutheran Church Conditional Use Permit

02015

VAR 2001-0008 Hart Road Street Improvement Variance

02016

CPA 2001-0016 Esplanade Road Comprehensive Plan Amendment at the

Round

02017

Bid Award – Purchase of One Automatic Folding/Inserting Machine

Contract Review Board:

02018

Contract Change Order – Right-of-Way Appraisal and Acquisition

Services for the Fanno Creek Multiuse Path Project

02019

Authorization to Enter Into Contract for Legal Services

02020

Contract Award - Underground Utility Locating Services

Coun. Brzezinski referred to the August 20, 2001, minutes (page 9) the

paragraph starting the testimony of Antria Rasmussen and noted that the

word “diversity” could be “density.”  Page 11 (4th paragraph) “Councilor

Brzezinski asked if AAA” should be “Coun. Brzezinski asked why AAA had

priority for street parking.”  

Coun. Stanton said she was not present at the August 20, 2001, meeting;

therefore she would abstain from voting on the minutes.  

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

and Ruby voting AYE, motion CARRIED (5:0)

PUBLIC HEARINGS:

02021

SV 2001-0001 Tri-Met/SW Palmer Street Vacation

02022

SV 2001-0002 Tri-Met/SW Riggs Street Vacation

Mark Pilliod, City Attorney read the statement concerning procedure for the

Street Vacation Public Hearings (in the record).  

Mayor Drake said they would dispense with the staff report.  

Coun. Stanton asked if the maps of the new configuration for Merlo Drive

started west of 170th and a new leg between the school district property

and TriMet property would be a full intersection and cut into the new

property.  

Tyler Ryerson, Associate Planner, said that was correct; Merlo Road

started on the east side of 170th and headed east, then turned north into

SW 158th.  He noted that Merlo Drive dropped down from the north and

intersected with Merlo Road and continued into the TriMet property as

Merlo Drive.  

Coun. Stanton said there was a Merlo Drive on the west side of 170th.  

Ryerson said it was a private street and the preliminary plat was approved

but a final plat had not been approved.  He said renaming the street could

be a consideration.  

Coun. Stanton said her suggestion was to keep Merlo Drive (from the

north to the intersection) but change the name of the Merlo Drive west of

170th.

Mayor Drake opened the Public Hearing.  

There was no testimony.

Mayor Drake closed the Public Hearing.  

Coun. Soth MOVED to approve the Street Vacations 02021, 02022, and

for staff to prepare a final order. SECONDED by Coun. Brzezinski.  

Coun. Stanton said she had read the Planning Commission minutes and

staff report and she wanted to know what the preliminary plat would look

like but she could find that information in the Community Development

Department.  

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

and Ruby voting AYE, motion CARRIED (5:0)

ORDINANCES:

Suspend Rules:

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

suspended, and that the ordinances embodied in ABs 02023, 02024,

02025, and 02026 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)

Pilliod indicated that in the title of the Ordinance “Steele” was misspelled

as “Steel” and would be corrected (AB 02023)

Pilliod read the ordinances for the first time by title only:

First Reading:

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)

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

Second Reading and Passage:

02011

An Ordinance Relating to the City’s Secondhand Dealer Ordinance, BC

7.10.005-7.10.065 (Ordinance No. 4190)

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

embodied in AB 02011 now pass.  Roll call vote.  Couns. Brzezinski,

Roby, Soth, Stanton and Doyle voting AYE, the motion CARRIED

unanimously.  (5:0)

EXECUTIVE SESSION:

Coun. Soth MOVED, SECONDED by Coun. Ruby, that Council move into

executive session in accordance with ORS 192.660 (1) (h), to discuss the

legal rights and duties of the governing body with regard to litigation or

litigation likely to be filed and ORS 192.660 (1) (d) to conduct deliberations

with persons designated by the governing body to carry on labor

negotiations and 192.660 (1) (e) real property transactions.    Couns.

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

CARRIED unanimously. (5:0)  

The executive session convened at 6:55 p.m.

The regular session reconvened at 8:15 p.m.  

AB 02012 Extension of Section 2.07 of the Disposition and Development

Agreement with Microclimates Inc., and Beaverton-DDP, LLC and

Transfer Resolution (pulled for separate consideration) 

Coun. Stanton MOVED, Seconded by Coun. Soth to change the extension

of section 2.07 of the DDA of Microclimates Inc. and Beaverton DPP, and

as per 1. and 2. of the recommended action, except changing all the dates

to February 28, 2002, changing the amount of the resolution to

$54,527.73.   

Mayor Drake suggested the amount be rounded off to $54528.00.

Coun. Stanton replied that was agreeable, $54,528.00.  She said she

would like the language that Pilliod had suggested be part of the resolution.  

Mayor Drake restated the motion as:  Approve the extension of 2.07 of the

DDA with Microclimates Inc. and Beaverton DPP, and indicate the parties

must close the transaction no later than February 28, 2002, and also

including a maximum appropriation of $54,528.00 and inserting language

from the City Attorney.  

Pilliod said after the first sentence in Recommended Action, add the

wording “unless prior thereto the Mayor determines on a weekly basis that

the developer has failed to achieve performance expectations the Mayor

is authorized to prepare and apply performance expectations to this

agreement extension.  The performance expectations shall be designed

to demonstrate that the developer continues to move closer to finalizing

the transaction.  The Mayor shall advise the Council in advance of

recommending termination of the DDA.”     

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

and Stanton voting AYE, motion CARRIED (5:0).  

ADJOURNMENT

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

the meeting was adjourned at 8:20 p.m.  

_______________________

Sue Nelson, City Recorder

APPROVAL:

Approved this 11th day of February 2002.

___________________________

Rob Drake, Mayor