BEAVERTON CITY COUNCIL
REGULAR MEETING
May 13, 2002
CALL TO ORDER:
The 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, May 13, 2002, at 6:39 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, Assist. City Attorney Bill Kirby, Human Resources
Director Sandra Miller, Finance Director Patrick O’Claire, Community
Development Director Joe Grillo, Engineering Director Tom Ramisch, Police
Chief David Bishop, Library Director Ed House, Economic Development Program
Manager Janet Young, Project Engineer Jerry Williams, Project Manager Ben
Shaw, Associate Planner Veronica Smith, Operations Supervisor Steve Brennan,
Deputy City Recorder Catherine Jansen and City Recorder Sue Nelson.
CITIZEN COMMUNICATION:
Henry Kane, Beaverton, stated he would be submitting a letter to the City on how
to improve the appeal record process for land use issues.
Tonya Featherstone, Beaverton, representing the Carollon Condominium
Homeowners’ Association, stated it was great to see the Carollon Capital
Improvement Project on the agenda and that all the owners hoped that the City
would go ahead with this much-needed flood abatement project.
Coun. Soth said he recalled when the condominiums were first built, and the
flooding problems. He said the City was happy to be able to correct the flooding
situation which should have been done during the original construction.
COUNCIL ITEMS:
Mayor Drake invited the Council and the citizens to attend the Picnic in the Park
on May 15, 2002, at 6:00 p.m., at Camille Park.
STAFF ITEMS:
There were none.
PROCLAMATION:
Peace Officers Memorial Day – Police Week (May 12-18, 2002):
Mayor Drake noted that this week is Peace Officers Memorial Day and Police
Week.
Police Chief Bishop had the Honor Guard post the colors. Bishop explained that
Police Week was established in the 1960’s by President Kennedy to recognize
those who fell in the line of duty and those who continue to serve. He noted that
this year’s recognition was especially fitting in the wake of September 11, 2001,
and stressed that the police officers in this country could give their life any given
day. He recognized the police officers and reserve volunteer officers, who must
meet the same requirements as full time officers, but do so without pay.
Mayor Drake thanked them for their dedication and all that they did to promote the
livability of the City and safety of the citizens.
Emergency Medical Services Week May 19-25, 2002
Mayor Drake explained that Metro West (MW) provided emergency services and
transport for all of Washington County.
Mary Marquez, Office Manager and Jason Arnold, Emergency Medical
Technician, MW, were present to accept the proclamation.
Arnold explained that MW has provided emergency transportation services in
Oregon since 1953. He stated that they were honored that Beaverton had trusted
MW to serve the community. He spoke on the service and contributions made by
the professional EMT staff in the community and invited the Council to attend their
barbecue celebration on May 22, 2002.
Coun. Soth, on behalf of E911 and WCCCA, expressed appreciation to EMTs,
police, and fire for the services they provided to Washington County and the City.
National Bike Month (May, 2002)
Hal Ballard, Chair, Bike Task Force, introduced other bicyclists in the audience
and thanked the Mayor and Council for the recognition of National Bike Month. He
spoke on their efforts to educate the community on the need for improved bike
services.
Mayor Drake presented the proclamation to Ballard and noted that May 17, 2002,
would be “Bike to Work Day.” He thanked Ballard for his efforts to promote this
alternate transportation.
PRESENTATON:
02148
Beaverton Tree City USA Award
Operations Supervisor Steve Brennan noted that this was the ninth year
consecutively that Beaverton had received the Tree City USA Award. He
introduced Mike Cafferata.
Mike Cafferata, Oregon Department of Forestry, spoke on the importance of trees
to urban areas. He recognized Beaverton for the good work the City did to
establish and support the Tree City USA Program. He presented the Tree City
USA Award and the Tree City USA Growth Award to Mayor Drake.
CONSENT AGENDA:
Agenda Bill 02157 was pulled for separate consideration.
Coun. Ruby MOVED, SECONDED by Coun. Soth that the Consent Agenda be
approved as follows:
Minutes of the Regular Meeting of January 7, 2002.
02149
Bid Award - Carollon Condominium Storm Drainage Project -- CIP Project No.
8003
02150
Authorize Mayor to Enter Into Memorandum of Agreement with Portland Regional
Lead Hazard Reduction Consortium
02151
VAR 2002-0001 Hearthstone at Murrayhill Carport Variance
02152
Findings and Order Granting Appeal and Modifying the Decision of the Board of
Design Review for an Extension of SW Henry Street; City of Beaverton/Applicant
and Beaverton Foods/Appellant; Order No. BDR 2001-0196, App 2002-0002
02153
Bid Award – One Hand-held Thermal Imaging Device
02154
Bid Award – Painting of Community Center
02155
Bid Award – Purchase One (1) Aerial and Utility Body
02156
Support Grant Application from Tualatin Valley Housing Partners to the U.S.
Department of Housing and Urban Development.
02157
Bid Award – 2002 All Terrain Vehicle for Maintenance of the Hanging Flower
Baskets as Part of the Hall Street and Watson Avenue Beautification Project.
(Pulled for separate consideration)
02158
Bid Award – Purchase of One (1) GPS Based, Vehicle Tracking System.
Contract Review Board:
02159
Authorize Contract Change Order – Consultant Services for Hall-Watson
Beautification Project
02160
Contract Change Order -- Construction Surveying Services for Cedar Hills
Boulevard Utility Improvements, Phase 1 (CIP Project 8006A)
Coun. Doyle noted that on AB 02153 the bid award reflected a savings of $10,000
from the difference in bidders.
Coun. Stanton submitted minor corrections to the minutes to the City Recorder.
Coun. Stanton confirmed with staff that the City had experience with the company
being awarded the contract to paint the Community Center (AB 02154), and that
there would be a performance bond.
Question called on the motion. Couns. Brzezinski, Doyle, Ruby, Soth, and
Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
Separate Consideration:
02157
Bid Award – 2002 All Terrain Vehicle for Maintenance of the Hanging Flower
Baskets as Part of the Hall Street and Watson Avenue Beautification Project.
Coun. Stanton said that she pulled this item because she wanted to put a cap on
the purchase price to $7,700.00
Patrick O’Claire, Finance Director, stated that recommendation would be in the
award. He explained it would be brought back to Council.
Coun. Brzezinski stated she felt comfortable with proceeding in the normal way
and leaving it up to staff judgment.
Coun. Brzezinski MOVED, SECONDED by Coun. Doyle to follow the staff
recommendation in the May 13, 2002, memo from Operations Director Gary
Brentano and Operations Supervisor Steven Brennan to the Mayor and City
Council regarding Agenda Bill 02157 bid award. Couns. Brzezinski, Doyle, Ruby,
Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
Contract Review Board:
02159
Authorize Contract Change Order – Consultant Services for Hall-Watson
Beautification Project
ACTION ITEM:
02161
Implementation Plan for Phase 1 of the Hall-Watson Beautification Project
Economic Development Program Manager Janet Young explained that, in follow-
up to the presentation of the Final Plan on April 8, 2002, she was presenting the
implementation plan for Phase 1 of the Hall-Watson Beautification Project. She
explained that the full cost of the project was $3.7 million to be implemented over
time. She reviewed the major points of the plan, as follows: 1) The plan will do
cohesive segments of a street at one time; 2) Staff was looking for opportunities
to increase safety and take advantage of grant funding and partnerships; 3) The
first priority was Hall and Watson, south of Canyon Road, because the properties
were smaller, had higher pedestrian activity and there were fewer opportunities
for redevelopment there. She reviewed the recommendation that Phase 1
implementation would start on Hall, between Broadway and Third. She explained
that within that section, there were four substantial intersections (Broadway, First,
Second and Third) that would receive the safer pedestrian treatment highlighted in
the Plan. She said another primary reason for selecting this intersection was that
the Beaverton Bakery owners were interested in constructing a public plaza built
on a small portion of their parcel and they were excited about doing that. She
noted that this would allow a connection to the Library, and it would take
advantage of the private property connection. She noted another property owner
meeting was set for June 4; staff was working to keep everyone well informed.
Coun. Soth said that he was primarily interested in not impeding traffic flow on
Hall Boulevard. He stressed that there was a need to pay attention to sight
distances. He noted that going east on First, to Hall, the sight distance was very
poor.
Young explained that throughout the process Traffic Engineer Randy Wooley had
been sitting on the staff team and had been working on traffic flow issues.
Coun. Stanton said there was a 25 mph limit on Hall Boulevard. She asked if the
City had received the State grant and what would happen if the City did not get it.
Young explained that the City had not heard about the grant and if the City did not
get it, the improvements would be scaled back within budget amounts.
Coun. Stanton stated she was looking forward to the improvements.
Coun. Doyle commended the Schuberts (owners of the Beaverton Bakery) for
their participation.
Mayor Drake commented on the many reasons to be excited about what was
happening downtown. He noted that everyone could feel good about this.
Coun. Soth MOVED, SECONDED by Coun. Brzezinski to approve AB 02161
Implementation Plan for Phase 1 of the Hall-Watson Beautification Project.
Coun. Soth noted that twenty years ago this area went through Urban Renewal
and that many of those improvements were greatly admired. He hoped that those
improvements would not be removed just in the interest of putting in something
different. He saw this proposal as an opportunity to incorporate many of the old
improvements into this plan.
Call for the question. Couns. Brzezinski, Doyle, Ruby, Soth, and Stanton voting
AYE, the MOTION CARRIED unanimously. (5:0)
PUBLIC HEARING:
02162
Draft Ordinance Relating to the Sale of Tobacco Products, Establishing a
Minimum Quantity of Cigarettes Per Package and Prohibiting Self-Service
Tobacco Sales
Mayor Drake opened the Public Hearing at 8:43 p.m.
Assistant City Attorney Bill Kirby noted that the proposed ordinance was reviewed
at a previous work session. He said that two comments made at that session
were incorporated into the draft ordinance now before Council. He explained that
the definition of cigarette was added and it was verbatim from the State law. He
said there was a realization that some tobacco shops allowed minors to enter the
shops and would not be exempted from the requirements. He advised that if a
tobacco shop voluntarily decided to exclude minors, they would be excluded from
the requirements of the ordinance.
Coun. Stanton asked why the City had to allow shops to sell cigarettes in
packages of less than twenty.
Kirby explained that State law set the standards for packaging cigarettes. He
noted that the purpose of the ordinance was to prevent youth from having access
to tobacco and that the law did not need to extend into an environment where
minors were not allowed. He explained that cities still have the rights and
opportunity to regulate youth access to tobacco and one way to do this was to sell
cigarettes in packages of twenty; the other was vendor-assisted sales.
Coun. Soth noted that years ago cigarettes were packaged in amounts of two and
four.
Kirby said he would defer to the Tobacco Coalition to speak to current packaging.
Coun. Stanton asked if this would prohibit vending machines distributing
packages of less than twenty cigarettes.
Kirby replied that State law did not allow cities to regulate vending machines.
Roy Dancer, Chair, Washington County Tobacco Free Coalition, noted that he
was at the previous work session and provided Council with information. He
emphasized that in Washington County, 13% of the 8th graders and 22% of 11th
graders were still smoking. He passed out a “loosie” cigarette found in the candy
section of a store in Washington County. He observed this was a single
cigarette, flavored and packaged in a tube. He noted that this was legal in Oregon
and this was how tobacco companies circumvented the State law. He explained
that these were easy to steal which was why vendor-assisted sales were
advocated in the ordinance.
Diane Laughter, Manager and Heather Weinstein, Advocacy Coordinator,
Tobacco Prevention Program of Washington County, American Lung Association,
offered to answer Council questions. She explained that their program operated
under Measure 44 Tobacco Tax Dollars and because of recent legislation they
could no longer advocate for ordinances.
Coun. Stanton asked if they had a percentage figure on how many tobacco shops
in Washington County exclude minors.
Laughter replied that she did not have exact figures but they could go back
through their database and make a close estimate. She did not think there were
many tobacco shops that allowed minors in their stores; she estimated four or
five out of fifty-one stores.
There was no one else who wished to testify.
Mayor Drake explained that after the hearing, the Council would give staff direction
and the ordinance would come back for first reading in a few weeks. He noted
the ordinance would become effective thirty days after he signed it. He asked
Kirby if there was a provision to delay enactment of the ordinance.
Kirby explained there was no provision to delay enactment of ordinance.
Mayor Drake closed the Public Hearing at 9:01 p.m.
Coun. Doyle MOVED, SECONDED by Coun. Stanton that Council direct the City
Attorney to prepare the ordinance. Couns. Brzezinski, Doyle, Ruby, Soth, and
Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
02163
Public Hearing for the Lombard Gardens Local Improvement District (LID) and
Read Ordinance Levying Assessments for the First Time by Title Only.
Mayor Drake opened the Public Hearing at 7:12 p.m.
Project Engineer Jerry Williams, explained that the City had previously acquired
property from ten parcels on Lombard and Alger which changed the footage of the
area to be calculated for the assessment on the parcels. He said those parcels
and property owners were Tract 3 (Baker), 10 (Pierson), 24 (Genck), 25
(McNeilly), 36 (Greene), 39 (Rattay), 48 (Zarhi), 49 (Karpow), 59 (Tycer) and 60
(Lacambra). He explained that in each case the calculated footage was larger
than what actually existed. He noted the differences in assessment range from a
high of $234.00 to a low of $11.00. He noted staff’s recommendation was that
Council pay that portion of each assessment; the alternative would be to
recalculate all the assessments which would create a small increase for most of
the parcels and negative adjustments for the ten parcels noted. He said the total
for the City to pay for this adjustment was $961.49. He explained the City
Attorney had prepared an ordinance levying the assessments with the corrected
assessments.
Coun. Soth confirmed that there was no change to Tracts 13 and 75, which abut
Alger.
Coun. Brzezinski clarified that the owners were assessed a certain amount and
that they could pay the whole amount, or spread the payment over a ten year
period at 7% interest.
Finance Director Patrick O’Claire explained that the property owners could pay all
or a portion of the assessment and finance the rest.
Coun. Stanton confirmed that there was no balloon payment and no penalties for
early payment or paying more than due each year.
Williams explained that since the District was formed in 1998, 23 properties were
sold; the new owners were not there when the District was formed. He noted that
most of the sellers made provisions so that the seller paid the assessments. He
noted that two of the new owners were not advised that the LID was formed and
they were upset.
Mayor Drake asked the City Attorney if the seller or the City had an obligation to
inform a new owner of the assessment.
City Attorney Mark Pilliod explained that at the time the LID was formed the
notices would have been recorded, so that there was notice of a pending
assessment. He noted it would have come through on a title search. He
confirmed people could still object at this Public Hearing.
Coun. Stanton asked if an effort was made to talk to the two property owners who
were not aware of the LID and provide them with the needed information.
Williams explained that both owners received letters and he talked to them about
the circumstances of the project.
Coun. Doyle asked how much communication went on between the City of
Beaverton and the neighborhood since this project started in November 1998.
William explained that there were ten neighborhood open house meetings, five or
six work sessions with the Council and most of the work sessions were followed
by a public hearing so that Council could talk with the property owners. He noted
that Council was kept updated on the progress of the project. He concluded that
there was substantial communication, formally and informally.
Coun. Brzezinski noted there was a straw poll at one of the hearings to get the
owners input on the preferred funding method.
Williams confirmed that staff looked at alternative methods of assessments and
improvements. He noted that for this LID the City had 25% remonstrance, so
there was 75% support among the owners.
Mayor Drake noted that the City did not initiate this process. He explained that
after years of heavy rainfall, the residents approached the City to do these
improvements because they were having serious flooding and needed storm
water drainage. He noted it took four years to do this project.
Coun. Brzezinski reminded everyone that the total bill for the project was
$900,000; $750,000 was paid by the City and the remaining $150,000 would be
assessed to the owners.
Coun. Stanton asked if these assessments were close to what was estimated in
1998.
Williams replied that they were within $7 of $1,000, which was very close.
Coun. Doyle asked Williams to explain why the enactment of the assessment
was taking place now.
Williams explained that this was designed to be a multi-year project; the intent
was to complete it over a three-year period and assess it in 2001. He said due to
a variety of factors, finishing the project took longer than anticipated. He said the
City now had the final costs and the project was finalized with this public hearing
where the Council had the opportunity to hear comments on the assessments.
Coun. Soth emphasized that on any project of this type, the final figures were not
known until the project was completed. He noted that delays in the project
contributed to delays in determining the final cost and the assessments could not
be done until the final cost was known. He explained that if the assessments
were done before the final costs were known, the assessments would have to be
changed.
Sandra Bertrand, Beaverton, stated that she felt that the Lombard Gardens LID
was a role model of how a community, its residents and government can all work
together to benefit all. She felt everyone’s voice was heard and considered. She
noted that in the beginning the homes and yards were being flooded and it was
very serious. She said that from the beginning the City stepped up to the plate
and provided key personnel from every department to help the residents. She
noted that every meeting was a joint effort between residents and the City. She
said she was impressed by everyone. She noted her one complaint was in how
the contractor was chosen. She said she understood that the Council was
required to choose the low bidder. She said there was a lot to consider in
choosing a qualified contractor; it should not be just the license and low bid. She
said in this case, she noted that the initial contractor had a shaky history and then
they went bankrupt after the project dragged on for two years. She asked that the
City be careful in how it chooses contractors. She complimented everyone on
how they came together and made a fantastic project happen.
Mayor Drake explained that the City must follow State law and the City’s bidding
process, and at that time the initial contractor met all the criteria and there was
nothing that indicated problems. He noted that the bonding process did work well
and the City was able to get the second bidder to finish the project.
Marlys Davis, Beaverton, commented on other improvements going on in this
area. She asked if those improvements were City funded and if any of the other
owners were paying assessments. She also asked if the City bought more land
for the improvements and if that was factored into the assessment.
Engineering Director Tom Ramisch explained that the other nearby sidewalk
improvements were done entirely with Community Development Block Grant
(CDBG) funds. He said the other work on Lombard was funded through the Utility
Funds, as was a part of the Lombard Gardens LID.
Williams explained that no additional right-of-way was acquired for this project.
He explained that because the front yards were small, an alternate design with
islands, and sidewalks that abut directly to the curb, were developed. He said the
alternate design provided additional landscaping and made it unnecessary to
purchase more of the right-of-way.
Mayor Drake noted that as hard as everyone tried, it was not possible to make
everyone happy. He noted that many people were able to participate in this
project and that, in the end, the project and neighborhood still got an A, though not
everyone was happy.
Davis said she was pleased with how everything turned out, though the length of
time was inconvenient. She asked if the City would take out a loan on behalf of
the owners, or would the owners obtain individual loans.
O’Claire explained that the General Fund would lend the Local Improvement
District (LID) the funds to pay the $150,000 that the property owners owe for the
improvements. He noted that each property owner who chose to finance would
then enter into a loan with the City to pay the assessment over a period of ten
years.
Davis confirmed that there was no loan fee to the City.
City Attorney Mark Pilliod explained that if the owners wished to pay the entire
assessment, they could do so by a private loan, which would make the City loan
unnecessary.
Kenneth Condit, Beaverton, took exception to the proposed assessment for the
LID. He said they should not be charged an assessment until they received the
full improvement that was promised. He said that the contractor dropped
unsuitable clay material behind the sidewalk and driveway at his house. He said
he had written to Jerry Williams but had not received a response. He said that
last year the City removed about one-third of the clay, but there was still two-
thirds that needed to be removed. He said that every construction project in their
area had been a mess. He stated that the City should provide someone to
remove the clay that was left behind and bring in some topsoil. He said he would
discuss this with his attorney. He thought it was unfair to proceed with the
assessment until the project was finished satisfactorily.
Ramisch explained that the Condits had asked that City remove unsuitable fill. He
said that the City removed the fill. He noted that the contractor’s original effort at
landscaping was unacceptable and the City had a landscape contractor backfill
and seed portions of the project. He repeated that staff did remove a pile of soil
from behind Condit’s sidewalk and the City had not heard from him for over a
year.
Williams confirmed that Mr. Condit had not contacted the City in over a year.
Mayor Drake said he would take this information under advisement and would ask
staff to look into this. He said he understood that the problem was resolved last
year but was concerned about the time lapse.
Jerry Ruthledge, Beaverton, owner of Tract 29, stated he bought the house in
2000 and was not notified of the assessment. He said the previous owner did not
notify the title company. He said the previous property owner agreed to pay the
assessment and Ruthledge felt he should pay it. He stated that he had already
paid out $2,000 to have the sewer lines replaced, and he thought the City should
have to pay for that.
Mayor Drake confirmed that the sewer lines that Ruthledge replaced were the
laterals from the street to the house. He asked that Williams explain the work that
the City did on the sewer lines.
Williams explained that the only contact he had with Rutledge was relative to the
assessment and that he was under the impression that the previous owner,
Mr.Fullerton, did not notify Ruthledge. He said he had not heard any comment
about the sanitary sewer. He said the City replaced the water and sewer lines
from the middle of the street to the edge of the property. He said that the hookups
were there between the house and the sanitary sewer. He confirmed that the City
did not replace from the sewer laterals from the edge of the property to the house
(private property) and that some of those lines were 50 years old.
Rutledge said he had to replace the line to meet current Code requirements.
Mayor Drake confirmed with Ruthledge that the lateral line failed and he had to
replace it. He explained that this was private property and the owner was
responsible.
Rutledge explained that he could not afford the LID assessment now.
Mayor Drake suggested he contact the previous owner, Mr. Fullerton, for not
advising him of the assessment. He noted that this was a private transaction.
Coun. Soth said he thought that State law required sellers to notify purchasers or
their agents of anything pending or in place. He suggested going to the title
company or to his real estate agent.
Mayor Drake noted that this assessment could be spread out over ten years to
make it more palatable.
Steve Nagel, Beaverton, handed out photographs of his property and stated he
took exception to the assessment without notice. He said he never received
notice of the public open houses. He advised that 12th and 13th Streets had
different drainage issues than 11th Street where he lived; also, there were more
houses and votes on those streets, which decided this project. He said his
property had suffered landscaping damages. He pointed out the bare spots on
his lawn in the pictures. He said that throughout the project the communication
between the City and owners was not good. He said that the drains were capped
off that connect to the street; he had water in his residence and crawlspace. He
said this was against Code. He said he thought they were all partners in the
mission to make these improvements and that if the Councilor’s had the same
damage to their property they would not accept it. He asked that the Council
follow the Charter and mission and do right thing. He asked that the Council
request a staff report on this project and said that he wanted a copy of that report.
He said that approval of this assessment should be delayed until the project was
properly completed.
Mayor Drake noted that he and City staff had considerable contact with Nagel
about this project. He said that staff had tried to work with him. He asked staff to
speak about the drainage hookup from the house to the street. He also noted that
the City worked with him on removing a tree from his property although the City
arborist was not certain it needed to be removed.
Coun. Soth confirmed with staff that the photographs handed out by the staff were
of the Nagel property and that they were taken today.
Ramisch explained that each property in the LID was provided a drainage hookup
at the property line. He said that in no case did the City make the connections to
the private side of the drainage system, but early in the process the Council
waived the plumbing permit fee so that the owners could connect to the system.
He said the City held a clinic to teach the owners how to hookup to the system.
He explained that the waiver of the fee was still in effect, but as of today, Nagel
had not hooked up.
Nagel said he was not told that he would have to connect it and he felt it should
have been done at the time the City had it excavated.
Mayor Drake noted that Nagel could still hookup to the system.
Williams reported that several people on 13th Street, 12th Street and possibly 11th
Street had connected. He noted that the Building Department had a list of the
connections and that the waiver of the fee was still in effect.
Mayor Drake asked Jerry Williams to contact Mr. Nagel.
Bill Baker, Beaverton, Tract 3, asked about the method of assessment. He asked
if each assessment was calculated on the frontage of the property. He said he
was the fifth highest assessment for the project.
Ramisch explained that the method for the assessment calculation that was
chosen in one of the neighborhood meetings was a combination of front and
square footage. He said there were two kinds of benefits derived for each
property; the new street improvements and the drainage of the lots which was the
backbone of the LID. He said there was a 50-50 split between the square footage
and the front foot width of each lot.
Williams explained that he had rechecked the Baker lot and corrected the error;
the assessment was recalculated and it was included in the memorandum now
before the Council. He advised that staff recommended that the City pay $115.43
to reduce the Baker assessment to the correct amount.
Mayor Drake noted that no one wished to testify and he closed the public hearing
at 8:23 p.m.
Coun. Soth MOVED, SECONDED by Coun. Brzezinski, that the Council approve
the Ordinance Levying Final Assessments on Property Benefited by the Lombard
Gardens Local Improvement District and that Council adopt the staff report with
the recommendation that the City pay the $961.49 from the recalculation of the
assessment.
Coun. Soth stated that he participated in many LID projects in the past and that
this was an unusual situation since the CDBG funds had been utilized for the
betterment of the entire City. He said this was a situation where everyone won
and he would support the LID.
Coun. Brzezinski said she was very impressed with how this project was done
and that everyone was involved. She said she hoped that staff would follow-up
with Conduit, Nagle, and Rutledge to finish each project. She stressed that she
would not change their assessments, but she wanted to be sure that “all the i’s
were dotted.” She said she appreciated the patience of the neighborhood and
was glad that the flooding had stopped. She thanked everyone for making this
project work.
Coun. Doyle said he appreciated the participation of the neighborhood. He said
he helped his youngest daughter purchase a house in another city and in that
situation the city decided to make improvements and she received bills; there was
no public involvement. He said he was much happier with how the City of
Beaverton handles public involvement.
Coun. Stanton noted that in a perfect world the City would have been able to pay
the whole bill. She noted that this was still a wonderful deal for the owners’
portion of the assessment. She said she was comfortable supporting the motion
because everyone had opportunities all along the way.
Call for the question. Couns. Brzezinski, Doyle, Ruby, Soth and Stanton voting
AYE, the MOTION CARRIED unanimously. (5:0)
First reading of this ordinance was heard at this time.
02164
An Ordinance Levying Final Assessments on Property Benefited by the Lombard
Gardens Local Improvement District. (Ord. No. 4208)
Coun. Soth MOVED, SECONDED by Coun. Stanton that the rules be suspended,
and that the ordinance embodied in AB 02164 be read for the first time by title only
at this meeting, and for the second time by title only at the next meeting of the
Council. Couns. Brzezinski, Doyle, Ruby, Soth and Stanton voting AYE, the
MOTION CARRIED unanimously (5:0).
Pilliod read the following ordinance for the first time by title only:
An Ordinance Levying Final Assessments on Property Benefited by the Lombard
Gardens Local Improvement District. (Ord. No. 4208)
RECESS:
Mayor Drake called for a brief recess at 8:32 p.m.
RECONVENED:
Mayor Drake reconvened the meeting at 8:44 p.m.
ORDINANCE:
First Reading:
Coun. Soth MOVED, SECONDED by Coun. Brzezinski that the rules be
suspended, and that the ordinance embodied in AB 02165 and AB 02166, 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 read the following ordinances for the first time by title only:
02165
An Ordinance Annexing a Single Parcel Lying Generally Outside of the Existing
City Limits to the City of Beaverton; ANX 2002-0004 (4885 SW Laurelwood
Expedited Annexation). (Ord. No. 4209)
02166
An Ordinance Amending Ordinance No. 2050, the Zoning Map, on Several
Parcels to Conform to the City’s Comprehensive Plan Designation; RZ 2002-
0001, RZ 2002-0002, RZ 2002-0003, RZ 2002-0005, RZ 2002-0006, RZ 2002-
0007, RZ 2002-0008 and RZ 2002-0009. (Ord. No. 4210)
Second Reading and Passage:
Pilliod read the following ordinance for the second time by title only:
02142
An Ordinance Amending Ordinance No.2050, the Zoning Map, to Replace Station
Community-Multiple Use (SC-MU) with General Commercial (GC) for Two
Parcels (Sisters of St. Mary); RZ 2001-0021 (Ord. No. 4204)
02143
An Ordinance Amending Chapter 6 of the Beaverton Code Establishing
Standards and Procedures for Allowing Extended Parking by Permit in
Designated Residential Areas and the Downtown Area (Ord. No. 4205)
02144
An Ordinance Amending Ordinance No. 1800, the Comprehensive Plan Map and
Text by Removing References to SW Esplanade Street; CPA 2001-0016 (Ord.
No. 4206)
02145
An Ordinance Amending Ordinance No. 1800, the Comprehensive Plan Map to
Correct a Misapplied Map Designation; CPA 2002-0001 (Ord. No. 4207)
Coun. Soth MOVED, SECONDED by Coun. Doyle, that the ordinances embodied
in AB 02142, AB 02143, AB 02144 and AB 02145 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 9:20 p.m.
__________________________
Sue Nelson, City Recorder
APPROVAL:
Approved this 5th day of August 2002.
____________________________
Rob Drake, Mayor