May 13, 2002


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.


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.


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. 


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.


There were none.  


Peace Officers Memorial Day – Police Week (May 12-18, 2002):

Mayor Drake noted that this week is Peace Officers Memorial Day and Police


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


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.


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.  


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.

Bid Award - Carollon Condominium Storm Drainage Project -- CIP Project No.


Authorize Mayor to Enter Into Memorandum of Agreement with Portland Regional

Lead Hazard Reduction Consortium

VAR 2002-0001 Hearthstone at Murrayhill Carport Variance

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 

Bid Award – One Hand-held Thermal Imaging Device

Bid Award – Painting of Community Center

Bid Award – Purchase One (1) Aerial and Utility Body

Support Grant Application from Tualatin Valley Housing Partners to the U.S.

Department of Housing and Urban Development. 

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) 

Bid Award – Purchase of One (1) GPS Based, Vehicle Tracking System.

Contract Review Board:

Authorize Contract Change Order – Consultant Services for Hall-Watson

Beautification Project

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:

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:

Authorize Contract Change Order – Consultant Services for Hall-Watson

Beautification Project


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


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)


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


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)

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


Coun. Soth confirmed that there was no change to Tracts 13 and 75, which abut


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


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


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


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


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


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


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


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.

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)


Mayor Drake called for a brief recess at 8:32 p.m.


Mayor Drake reconvened the meeting at 8:44 p.m.


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:

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)

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:

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)

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)

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)

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).


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


Approved this 5th day of August 2002.


Rob Drake, Mayor