MAY 7, 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, May 7, 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, Interim Community Development Director Steven Sparks, Public Works Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop, Project Engineer Jim Brink, Code Enforcement Manager George Fetzer and City Recorder Sue Nelson.


Mayor Drake explained that the Information Systems staff and the Web Manager Elzbieta Craig were awarded the E Award from the National Policy Research Council (NPRC) for excellence in E (electronic) Government.  He explained that the NPRC reviewed 11,000 government Web sites nation wide and the City's Web site was one of 18 cities that received an award.  He commended the Information Systems Department and Craig for this achievement. 

Chief of Staff Linda Adlard presented Craig with the E Award and said she was proud of this accomplishment and dedication to the City.

07084  Presentation of Shields and Swearing In of Newly Appointed Lieutenant and
Sergeant and Five Officers to the Beaverton Police Department

Mayor Drake said he had started the tradition of swearing in the police officers at the Council meeting to introduce them to the community and welcome them to the City.
Police Chief Dave Bishop swore in newly promoted Lieutenant John Gruber, Sergeant Richard Rayniak, and new Police Officers Erin Berry, Aaron Enyeart, Randy Gottwald, Matthew Henderson and Sean Hinkley.

Mayor Drake presented the shields to the lieutenant, sergeant and officers.

Bishop thanked the families, friends and police officers who were present and said the officers could not do this job without their support.


COUNCIL ITEMS: There were none.


Chief of Staff Linda Adlard asked that the Councilors let her know if they would be available for a Council session on July 10, 2007.   

Finance Director Patrick O’Claire said the proposed budget for Fiscal Year 2007-2008 would be distributed Friday, May 11, 2007.   

Human Resources Director Nancy Bates said at the next Council meeting there would be a presentation of the winners of the Beaverton Human Rights Advisory Commission essay contest on Diversity in the Community, followed by a reception in the First Floor Conference Room for the contest participants.  She said the top three winners would read their essays. 


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

Minutes of the Regular Meeting of April 16, 2007

07085  Liquor License: Change of Ownership - Koreana Restaurant

07086  Revised Beaverton City Library Board Mission Statement, Supporting Goals, and By-Laws

07087  A Resolution Adopting a Revised Building Valuation Data Table (Resolution No. 3897)

Contract Review Board:

07088  Bid Award - Tualaway Sanitary Sewer Replacement Phase A Project No. 6040

07089  Bid Award - Allen Boulevard (Murray-Main) Water Service Replacement Project

07095  Contract Award – Granicus Installation Services Contract   

Question called on the motion.  Couns.  Arnold, Bode, Dalrymple and Doyle voting AYE, the MOTION CARRIED unanimously.  (4:0)  Coun. Dalrymple abstained from voting on the minutes of April 16, 2007, as he was excused from that meeting.


07090  A Resolution Adopting Revised Building Permit Fee Tables

Mayor Drake asked if any Councilors had questions from the staff report. There were none.

Mayor Drake opened the public hearing and asked if anyone wished to testify.   No one come forward to testify. 

Mayor Drake closed the public hearing.

Coun. Doyle MOVED, SECONDED by Coun. Bode that Council approve the Resolution Adopting Revised Building Permit Fee Tables.

Coun. Arnold explained for the public that this action would only change the method for calculating building fees; the existing building fees would remain the same. 

Question called on the motion.  Coun. Arnold, Bode, Dalrymple and Doyle voting AYE, the MOTION CARRIED unanimously.  (4:0) (Resolution No. 3898)


07091  Capital Improvements Plan for Fiscal Year 2007/08 for Transportation, Water, Sewer, and Storm Drain Projects

Mayor Drake said that the Draft Capital Improvements Plan (CIP) for Fiscal Year 2007/08 had been presented to the Council.  He said the draft CIP was distributed to Neighborhood Association Committee (NAC) Chairs, the Committee for Citizen Involvement and to 2500 people on the City's e-mail list, to solicit public comment.  He said the public hearing on the CIP would be held on June 18, 2007, and the CIP was available on the City's Web site. 

Public Works Director Gary Brentano introduced CIP Coordinator/Project Engineer Jim Brink.   He said this year the draft CIP was presented in advance of the public hearing to allow more time for review and comment by Council and the public.  He said this year the majority of the Capital Improvements Fund would be spent on the West Slope and Beaverton Central Neighborhoods, which was reflective of the age of those neighborhoods. 

Brink presented a PowerPoint presentation of the draft CIP (in the record).  He said the CIP was a proposed schedule for previous, current and future capital projects.  He reviewed the CIP process, how projects were selected, proposed projects and project implementation.  He said in 2007/08 CIP there were 42 projects in design, right-of-way acquisition and construction; these projects would be monitored using the MS Project software.  He said the goal was to maximize the use of City staff to design projects with assistance from consulting engineers.  He said ten of the 42 projects would be designed by City staff and 13 projects would be constructed by City forces.  He showed pictures of several construction projects. 

Brink reviewed the changes in the CIP format.   He said the first change was that the program would be for one year (FY 2008/09) rather than three years, which meant there would be a plan but no budget for one year.  He said that would improve delivery on short term projects and not raise expectations on long-term projects.  Projects programmed after 2008/09 would be placed in a separate appendix of the CIP and available for review.  He said sources of funding would be added to the index page at the front of the CIP.

Coun. Arnold asked for clarification about how the future projects would be shown and if it would be similar to the CIP Future Projects section.  

Brink said it would be similar to the Future Projects section; the projects in the Master Plans, Transportation System Plan, Utility Projects and the Needs List Projects would be listed in a separate appendix for the CIP.

Coun. Arnold asked if the projects for the next two fiscal years would be listed in the CIP and the future projects beyond those two years would be added to a separate future work zones.

Brink said that was correct although more time was needed for additional review of the work entailed for each project before projects could be placed in the current or next fiscal year. 

Brink reviewed the sanitary sewer projects noting there were eight projects with an estimated cost of $4.5 million.  He said the majority of the work was in the South Central Beaverton, West Slope and Vose Neighborhoods and involved replacement of pipelines that were under-sized and in poor condition.  He said Clean Water Services (CWS) was contributing to the South Central projects.

Mayor Drake said CWS was sharing the cost for these improvements to prevent stormwater from leaking into the sanitary sewer system which would then have to be treated at the sewage treatment plant.  He said the goal was to replace the pipe so that the sewage treatment plant would only be treating raw sewage.

Coun. Doyle noted that the Council just approved the funding for CIP Project 6040 Tualaway Avenue Sanitary Improvements just shown in the presentation.

Brink confirmed that the Council approved Phase A of Project 6040 which will be done by an outside contractor; City crews would complete Phase B.

Brink reviewed the water system improvement projects.  He said there were 19 water projects, including the Joint Water Commission (JWC) projects, with an estimated cost of $4.9 million.  He said $1 million of that was associated with JWC projects, $1.8 was for system capacity improvements, and $1.5 was to replace existing pipe.

Brink said the CIP contained 14 storm drainage projects at an estimated cost of $2.8 million.  He said the projects included replacing existing systems that were in poor condition, such as West Slope, and water quality improvements to improve the quality of stormwater runoff before it enters the creeks, as with the Beaverton Creek Channel Enhancement Project.  He added that the City received $2.6 million from Metro's Nature in the Neighborhood bond and $500,000 of that would be used for the Beaverton Creek Channel Enhancement Project.

Coun. Arnold asked how the funds from the Metro bond measure would be used.

Brink explained that prior to the election Council approved eight projects to be included in the Nature in the Neighborhood bond measure.  He said the Beaverton Creek Channel Enhancement Project and the Ericson Creek Water Quality Project (Menlo/Farmington) were two of the projects.  He said there was a City match contribution for each project.

Mayor Drake added that the Council held two public hearings on the project list for the Nature in the Neighborhood bond measure.

Brink reviewed the CIP transportation projects noting there were eight projects with an estimated cost of $4.5 million.  He said $2 million of that was associated with the Murray Extension Project that was currently underway.  He said the four MSTIP3 projects and the commuter rail project were not included in the $4.5 million.  He said there were three traffic calming projects and a street lighting project on SW 173rd Avenue, between Walker Road and Cornell Road.  He reviewed the pavement overlay schedule noting the two primary projects were Allen Boulevard (Murray Boulevard to Main Street) and Weir Road (SW 155th Avenue to the west city limits) at an estimated cost of $1.1 million.

There were no Council questions.

07092  Residential Property Maintenance - Presentation of Proposed Ordinance

Mayor Drake said that five years ago there was a discussion regarding having a property maintenance ordinance to assist Code Enforcement staff to enforce maintenance of homes.  He said the Code Enforcement staff could not act on home maintenance complaints for the Code did not address this issue.  He said recently there was a fire at a private home (Rebecca Lane) and the home was abandoned for a while.  He said the homeowner moved back into the house and lived in the home without electricity, water and other facilities.  He said this caused concern in the neighborhood and the City had no legal authority to deal with the problem; the Washington County Health Department had no basis for taking action as there was no illegal activity occurring in the house.  He said for many people their homes were their major investment and it was disturbing when someone in the neighborhood does not maintain their home.  He said this proposed ordinance would respond to extreme cases, to gain compliance with the Code; it is a hybrid of several ordinances in the region.  He introduced the staff members who would make the presentation.  

Chief of Staff Linda Adlard said the Code Enforcement Division does an excellent job of keeping the community livable and in good shape.  She said this ordinance addressed exceptional issues in neighborhoods, such as trash accumulation or unsafe conditions.  She said though portions of the ordinance may seem strong, there were often multiple issues when dealing with such cases.  She said she did not expect the ordinance would be used often; only for exceptional cases in residential areas. 

Adlard said Code Enforcement staff had been successful in getting residential tenants and homeowners to comply with the Code.  She said when owners were not able to clean their property, the City handled the abatement of the problem.  She stressed this ordinance was an additional tool for staff.  She said this was a work session so the Council could view the ordinance. 

Code Services Manager George Fetzer reviewed the draft ordinance for the Residential Property Maintenance Code (in the record).  He said every year the City receives many complaints regarding inadequate maintenance or inappropriate use of residential buildings.  He said the current Code can address issues of noxious vegetation, rubbish, and maintenance of building that are unoccupied for more than 60 days; however, it does not address maintenance of occupied buildings.  He said a residential property maintenance code would establish minimum standards to keep dwellings safe, sanitary and fit for human occupancy; it would also limit the number of people allowed to occupy a dwelling. 

Fetzer said that as the community's housing stock ages the possibility of building deterioration and blight increases.  He said this was occurring in existing neighborhoods, resulting in the decline of property values and unsightly properties.  He said the current Code does not address these problems; he showed pictures of several homes in Beaverton to which this ordinance could apply.  He said numerous vehicles often indicate over-crowding; residences are sometimes overcrowded to spread the rent among a number of people.  He said an absentee landlord may not know or care about overcrowding but the neighbors care.  He said the existing Code does not limit the number of people that can occupy a dwelling.  He said the proposed ordinance targeted the problem areas while imposing the least possible burden on property owners. 

Fetzer said the ordinance would preserve the quality of the housing stock and the quality of life in residential neighborhoods, and would reduce deterioration and blight.  He said the ordinance would not impose any inspection fees, increase City costs, require annual inspections or certificates, or require licenses or permits.  He said the ordinance was developed using property maintenance codes from Gresham, Portland, Salem and Tigard, and a model International Property Maintenance Code.   

Fetzer said the ordinance would require that residences have electric, water and sewer utilities, weekly disposal and removal of trash, and the removal of boarding from buildings that were previously vacant.  Also, roofs and chimneys must be structurally sound and water tight; gutters and downspouts must be maintained and tarps covering an outside wall or roof of a home be limited to three months.  He showed pictures of houses that had long-term maintenance problems.

Fetzer said the ordinance sets maintenance requirements for foundations, exterior and interior walls, stairs and porches, handrails and guardrails, windows, doors, floors, ceilings, cleanliness and sanitation.  He said the ordinance specifies that the interior of dwellings be maintained reasonably free of dampness to prevent decay, mold and the deterioration of the structure; that objects that collect standing water be emptied to eliminate breeding sites for mosquitoes; that dwellings be kept free from insect and rodent infestation; and that dwellings must have functioning and maintained bathrooms, kitchens, plumbing, heating and electrical systems.  He said the ordinance addressed overcrowding by specifying the minimum amount of living and sleeping space per person.  He reviewed provisions for safety, maintenance of fences and pools, and prohibitions against living in tents and recreational vehicles parked on residential property. 

Fetzer reviewed the penalties for violations: 1) Code violations were a Class 1 Civil Infraction with a maximum fine of $250 per day, and the ordinance contains provisions for abatement and lien by the City; 2) Habitability violations (electrical, water, sewer and trash service) were Class C Misdemeanors with a maximum fine of $6,250 and up to 30 days imprisonment; 3) Safety Violations (cleanliness and sanitation, emergency exits, illegal occupancy, and prohibited habitation) were Class 2 Civil Infractions subject to a maximum fine of $150 per day; and 4) Standing water violations were Class 3 Civil Infractions with a $50 per day maximum fine. 

Mayor Drake asked if the Council had any comments.  He noted any revisions could be incorporated into the ordinance and if Council wished to proceed the ordinance would be brought back at a public hearing for citizen comment.

Coun. Doyle said he was not comfortable with the ordinance although he understood there was a need for it.  He asked what the basis was for the penalties.   

Fetzer said in handling current cases, it was determined that the City needed the authority to potentially arrest someone if they would not respond after the staff had spoken with them.  He said there were problems with individuals who would not cooperate.  He said the ordinances from other cities had the civil provisions but not criminal provisions.    

City Attorney Alan Rappleyea said none of the other cities had criminal provisions.  He said it was difficult to get people to comply and the process becomes much longer without the authority to arrest. 

Coun. Doyle expressed concern with the criminal penalties. 

Chief of Staff Linda Adlard said when fines were imposed it would be before a judge; the judge would determine if the fines were realistic and if the violator could afford to pay.  She said that usually once a person comes before a  judge they agree to comply with the law within a certain amount of time.   

Coun. Doyle asked if the ordinance would apply to cases where someone had standing water on their property from a sprinkler system or fountain.  He said he did not know where the line would be drawn in such cases.  He asked the basis for the overcrowding standard and if there was a lot of overcrowding in the community.   

Fetzer replied that the Tigard Code and the International Property Maintenance Code had similar provisions for overcrowding.

Coun. Arnold asked for the space provisions in the International Code.

Fetzer said he would get that information to the Council.  

Coun. Doyle asked how many times Tigard, Gresham and Portland had to use their Codes annually.  Also, what would happen in cases where homeowners were on a limited income and could not afford to do repairs. 

Adlard said PGE had a program to provide heating for those who are on limited incomes; the City would work with PGE to ensure the resident had heat.  She said the City was trying to have the least amount of burden while enforcing certain standards.  She said the staff works with other organizations to provide rehabilitation and other assistance to those in need. 

Coun. Arnold asked if there was someway to have compliance at a reasonable level.

Adlard said this ordinance was for extreme cases in neighborhoods where there have been multiple complaints and safety hazards, or where there may be absentee landlords who were not interested in maintaining their property.  She said this was not intended to be punitive to individuals; this was to keep the quality of the neighborhoods at a certain level, to keep children safe, and to prevent vermin infestation.  She said staff would not be doing daily inspections checking for violations.

Mayor Drake said the Code Enforcement staff and Police have the discretion to determine what action to take.  He reviewed a case of a four-plex on 125th Avenue that was in bad shape because the property manager was not taking care of the property and the owner lived out of state and was not aware of the situation.  He said the neighbors felt the City did not care about this problem; however, the City did not have the Code authority to handle such extreme circumstances.  He said that type of case was what led to this ordinance.

Coun. Doyle noted one of the pictures showed tires piled up in a backyard.  He asked what Code section this violated. 

Fetzer said the tires were an example of an object or container that could hold standing water. 

Coun. Dalrymple asked when the staff was looking at a residence were they looking at the Uniform Building Code (UBC). 

Fetzer said the Code specified that the home had to be maintained to the standard under which it was constructed, except for standards that have been imposed since then.  He said if a home was built in 1978, it would have to be maintained to the 1978 UBC with the addition of the requirement for smoke detectors that was added by the Uniform Fire Code.   

Coun. Dalrymple asked about automobiles parked in yards and driveways for years without being moved and how those situations would be dealt with. 

Fetzer said the existing Code addresses automobiles on private property and public streets.  He said inoperable vehicles on private property are called discarded vehicles and the City handles many complaints annually regarding discarded vehicles.  

Coun. Dalrymple asked if the standards for overcrowding were developed by staff. 

Fetzer replied those standards were modified from other cities' codes.  He said they looked at many codes and, with the help of the City Attorney, developed standards that they felt were appropriate.  He said overcrowding was a nation-wide problem with a long history.  He said the Federal Housing & Urban Development (HUD) Agency set an advisory standard of two persons per bedroom many years ago. 

Coun. Dalrymple asked how strict the City's criteria were on a scale of one to ten, with ten being the most restrictive.   

Fetzer said these standards were middle-of-the-road in terms of established standards from other cities and HUD. 

Coun. Dalrymple said he would need to become more comfortable with the aspect of penalties because of poverty level issues.  He said he needed more information to get a better feel for these violations.  He said he did understand the need to get people to comply but he was not fully supportive of the penalties.   

Adlard said that was one of the hardest parts in composing this ordinance.  She said this ordinance was not intended to be punitive in nature; it would give people a reason to comply.  She said when people come into court they were often uncomfortable that they have not been able to comply with the ordinance.  She said the judge understands those situations; and the City does not generally fine people and then make them comply.  She said if the people agree to comply, the judge almost always waives the fine.  She said in cases where the City has worked with people and they still will not comply, then the City needs the authority to take the next step to get them to comply for the sake of the neighborhood. 

Coun. Dalrymple said he wanted to see repairs handled and the community looking attractive, but some people do not have the financial ability to handle the maintenance.  He said he would need additional information on handling such situations.  He noted that fountains and bubblers were popular landscape features and when they are not running there was standing water.  He asked how that would be dealt with.   

Adlard said this was more of a health standard where everyone could be affected as in the case of a Nile virus outbreak where it was critical to get the mosquito population under control.  She said the only way that could be done would be to empty standing water sources.  She said this was not about a pond or fountain that was kept clean, and the staff would not drive around looking for violations; these issues were always complaint oriented. 

Coun. Dalrymple asked if the ordinance should contain a section for vector control.

Adlard explained the current Code covers vector control; this ordinance addresses areas that the current Code does not cover. 

Coun. Bode asked if the ordinance had already been enacted for the past two years, how many times would the staff have had to apply civil or criminal charges. 

Fetzer said in the past two years there would have been two cases of criminal violations.  He said in those cases he would contact the Police Department and they would use their own discretion to determine if they felt the situation was serious enough to arrest an individual.   

Coun. Bode referred to the house on Rebecca Lane, where a resident was camping in the boarded up house after there was a fire in the house.  She said she heard from several neighbors who were surprised that the City could not take action and asked how long that situation had existed. 

Fetzer said it has been two years since the fire in that house.

Coun. Bode said in speaking with the neighbors on Rebecca Lane, the most common comment she heard was that the house was driving down the value of their homes and it made the street unattractive.  She said after that case she understood why the City needed additional authority to proceed on such cases. 

Mayor Drake said when Tigard first enacted its ordinance it did not have to issue a citation the first year.  The City had the leverage of the ordinance and informed people of its requirements to bring about compliance.     

Adlard suggested that to help Councilors be more comfortable with the ordinance it could be revised to include a section requiring that when a case escalated to the level of a criminal action that it first be reviewed by multiple people to ensure that all possible steps have been taken before going to the criminal action.  She said then it would feel like ones peers were judging the situation as a safety-gap step.

Fetzer said this past year there was a case near City Hall of an eight-unit apartment building that had no trash service and bags of trash were piling up in the parking lot.  He said the staff verified the violation and contacted the owner who said they would pay the garbage bill so service would resume.  He said two weeks later that had not been done and the property owner told staff the City could abate the problem and lien the property because his wife would get the property in their pending divorce and it would please him to have liens on the property.  He said the owner refused to cooperate and the City was powerless in handling the situation.  He said the City ended up cleaning up the mess with the help of the tenants; then the tenants opened individual accounts with the waste company to ensure garbage service. 

Mayor Drake asked if a cost analysis was done on that case from the first contact to when the City placed the lien on the property. 

Fetzer said the cost was several thousand dollars and the case took several weeks to resolve.  He added there was an additional case two years ago that cost $10,000 to abate the interior of a home.   

Coun. Arnold asked if this process was complaint driven. 

Adlard said the City would take referrals from anyone be it neighbors or other agencies.  She said the entire Code Enforcement process was complaint driven.  She said one day they received 30 calls for abandoned cars. 

Coun. Arnold referred to Section 8.07.110 and asked what was considered "temporary" in "temporary interruptions of service for routine maintenance or emergency repairs…" and what about interruptions from natural disasters.   

Fetzer said interruptions of utility power that were outside of the individuals control was not a subject of this ordinance.  He said the City would not be getting complaints about a temporary situation; the complaints the City  received were from long-term problems lasting weeks, months and years. 

Coun. Arnold said the term temporary was in a couple of places in the ordinance and she wondered if the language needed to be more specific or if it was subjective.

Adlard said that by the time neighbors are fed up enough to call it is pretty severe.  She said in the case just discussed the problem had existed for two years.  She said the pictures shown during the presentation were not the worst of the worst; staff sees these very real problems every day.  She said it was unfortunate that people believe it is okay to live in those conditions because it does affect the neighbors.  She said in terms of the word temporary, if a problem has existed for three weeks that would not be relevant to this ordinance.  This ordinance concerns truly severe long-term problems.  

Coun. Arnold said she wondered if individual inspectors would define the term temporary differently and thus handle cases differently; would that put the City up for question.   

Mayor Drake said the Code Enforcement staff were very patient; complaints were checked out when received and staff work with the owners, allowing them the time they need to resolve the problem.  He said the hammer does not go down immediately.  He said if a problem was not resolved as first agreed upon, the staff goes back to the owner to find out why there was a delay and works again to get the problem resolved.  He said neighbors were entitled to a clean neighborhood and staff works patiently with the owners to cleanup problem areas.  He said there was nothing sudden or unkind when staff enforces the Code.   

Coun. Arnold asked if this ordinance was consistent with the rest of the Code in terms of how cases were handled and cited.  She asked if there would be any problem if cases were handled and cited differently. 

Rappleyea said the City has to be consistent with all Code enforcement or someone could claim disparate treatment.  

Coun. Arnold asked if there was any worry from a legal perspective because the Code uses the term "temporary" and it requires that roofs not leak but it does not state when they need to be repaired.

Rappleyea said the ordinance went through a thorough legal review; one has to weigh the concern of being overly restrictive versus the need for some flexibility.  He said there could be a reasonable interpretation of the term temporary dependent on individual cases and circumstances.

Coun. Arnold read Section 8.07.120B which required that gutters or downspouts be continuously maintained in sound condition.  She said with the current movement toward green roofs and water conservation, people were changing how they handle runoff water.  She said she questioned how these changes would be authorized and staff advised her that Section 8.07.040 allowed for changes to structures per the current Building and Development Codes.  She asked if that was correct.

Fetzer said building alterations were handled according to the Building Code in effect at the time of the revision.  He said if someone wanted to remodel their building to add a green roof, the current Building and Development Code would supersede the older Code.  He said that was what Section 8.07.040 was saying. 

Coun. Arnold noted that Section 8.07.170C, Handrails and Guardrails, stated the rail had to be capable of "supporting the loads to which it is subjected."  She asked what that standard would be. 

Fetzer said that would be governed by the original design of the building under the building code that was in effect at the time the building was constructed.  He said the general standard was 100 pounds per square feet for stairs.  He said this was standard language used in the building industry and building officials and builders understand the requirements.   

Coun. Arnold asked about allowing key-locked deadbolts for the interior of buildings.     

Fetzer said that was currently allowed by the Building Code for single family residences. 

Mayor Drake noted that staff would need to review the Council's comments from this session.  He asked if Council would like to have the ordinance brought back for further consideration in the future.

Coun. Bode said that in looking at the process, she was not sure that additional review was needed when a case had reached the criminal level.  She said with the length of the process it could take a year to reach the point where criminal charges would be the next step.  She said she could not see adding another layer to the process if it takes more time to get a problem resolved.  She said the current process provides sufficient documentation for safety. 

Adlard said she would recommend that staff rework the ordinance and try to clarify the language issues and then bring it back to Council.  She said if the ordinance was adopted, staff could monitor what happens and keep Council informed on the efficacy of the code.  She said she did not expect this to be used constantly. 

Coun. Doyle said he favored monitoring the use of the ordinance.  He said he did not think a separate review panel was needed; Council could act as the review panel since it does hear about these cases. 

Mayor Drake said this would be brought back to Council.

Couns. Arnold and Doyle said they supported the ordinance for it was a needed tool to help neighbors solve issues with problem properties. 


Coun. Doyle MOVED, SECONDED by Coun. Dalrymple, that the rules be suspended, and that the ordinances embodied in Agenda Bills 07093 and 07094, 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)

First Reading:

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

07093 ZMA 2006-0015, Progress Ridge Split Zoning Map Amendment (Ordinance No. 4435)

07094  ZMA 2006-0025, Tri-Met Elmonica Maintenance and Storage Area Expansion Zoning Map Amendment (Ordinance No. 4436)


There being no further business to come before the Council at this time, the meeting was adjourned at 8:45 p.m.

Sue Nelson, City Recorder




Approved this 4th day of June, 2007.

Rob Drake, Mayor