April 8, 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, April 8, 2002, at 6:45 pm.


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

Soth and Cathy Stanton.  Also present were Chief of Staff Linda Adlard, City Attorney

Mark Pilliod, Human Resources Director Sandra Miller, Finance Director Patrick O’Claire,

Community Development Director Joe Grillo, Engineering Director Tom Ramisch,

Operations/ Maintenance Director Steve Baker, Police Chief David Bishop, Library

Director Ed House, Deputy City Recorder Catherine L. Jansen, City Recorder Sue

Nelson, Economic Development Manager Janet Young, City Transportation Engineer

Randy Wooley; Development Services Manager Steve Sparks, Sr. Planner Don

Gustafson, Associate Planners Sambo Kirkman and Tyler Ryerson, Sr. Program

Manager Joe Gall, Program Managers Megan Callahan and Scott Keller.


John Morrow, President, Dorn-Platz, LLC, Glendale, CA, the developer for The Round,

said he was excited about what lies ahead.  He wanted to tell the citizens of Beaverton

that they were blessed with the city’s leadership.  He said Council  was able to manage

and monitor the project without getting involved in the minutia.  He said the City had an

exceptional staff.  He acknowledged Linda Adlard, Mark Pilliod, Janet Young, and Joe

Grillo for their perseverance.  He agreed with the statement in the City newsletter that the

true heart of the community was in its people;  this community’s will and spirit was

energetic and powerful, which sets Beaverton apart from other cities.

Coun. Soth congratulated Mr. Morrow and his team for their perseverance.  He said this

was the best proposal he had seen for this area and he looked forward to its completion.  

Henry Kane, Beaverton, said an appeal was filed today on the Planning Commission’s

order to recommend closure of de novo land use appeal hearings before Council; the

order was a split decision (3-2; 2 abstentions).  He said the Committee for Citizen

Involvement (CCI) voted against this 16-2.  He asked that the Council remand this

decision and adopt criteria/findings on how the public interest would be served by

blocking de novo appeals.  He felt the Commission was influenced by special interests

and there was little public support for the decision.  He submitted a letter dated April 8,



Coun. Stanton said the West Side Alliance Economic Summit was well attended. She

said Joe Courtright’s report on the challenges to future economic development was

excellent.  She said the report was available on the West Side Alliance Web website or

by calling 503-968-3800.   


Linda Adlard, Chief of Staff,  noted that tomorrow evening the Voter’s Forum would be

held at City Hall; it will cover the local races and be video taped by TVCA.  She said  the

City would be holding a Learning Series on Wednesday evenings at City Hall on a variety

of topics; this week the subject will be Economic Development in the City.  She

concluded that each session would be approximately 1-½ hours.   

Mayor Drake explained that the Mayor’s Youth Advisory Board consisted of 20 young

people who worked on issues related to youth.  He said they would be hosting a Youth

Summit on Saturday, April 20, 2002, from 10 a.m. to 2 p.m., at the Beaverton City Library. 

He said the topic would be  “Ending the Cycle” regarding violence and discrimination.  He

said registration would start at 9:30 a.m.; pizza and soda will be served for lunch.  He

encouraged young people to attend.  He concluded Congressman David Wu would be

the first speaker.  


Presentation of Shields and Swearing In of New Officers to the Beaverton Police


Mayor Drake welcomed the City’s new police officers;  Police Officer David Gilbert was

recognized on his promotion from Sergeant to Lieutenant.  Chief Bishop swore in the

officers; he and the Mayor presented the shields:  a gold shield was presented to Officer

Gilbert; silver shields were presented to new officers David Becker, Scott King, and Rex


Festival Beaverton Parade Theme Winner

Leslie Mundt, Beaverton Festival Parade Committee Chair, introduced Christopher Ward,

the theme winner for this year’s parade.  She said there were several entries but with the

events of the past months the Committee selected Ward’s theme “A Nation of

Neighbors” as the most appropriate.  She said the theme would be also adopted for the

Taste of Beaverton.  

Ward thanked everyone for selecting his theme; with the events on September 11, 2001,

he thought his theme was fitting and would bring the community together.  

Mayor Drake thanked him and Ms. Mundt for her work on the parade.  He said  Ward

would ride in the parade and receive other gifts and prizes.  

Mundt invited everyone to join in or come watch the parade on Saturday, June 22, 2002.  

Recommendation Presentation for the Hall/Watson Beautification Project Final Report

Janet Young, Economic Development Manager and Rajiv Batra, Consultant, Urban

Design Collaborative, reviewed the Hall/Watson Beautification Project Final Report.  She

said the project began last summer.  The goal would be to create a plan for a pedestrian

corridor between the light rail and 5th St., along Hall and Watson.  The Plan would be a

“map” for future City decisions to enhance this corridor.  She reviewed the corridor area,

noting it was a critical north/south arterial in the City.  The improvements would tie the

downtown to the City.  She said there would be some challenges:  infrastructure and

fixtures were getting old and need to be replaced; some bus stops were not in the best

location.  She said a block-by-block analysis of the corridor was done and

recommendations were made for the public spaces in this area.  She said this would be

a Master Plan for corridor-wide improvements, but there were some site-specific

conceptual recommendations on how future redevelopment may occur.

Batra reviewed the block improvements in the Plan (in the record). He said major

elements were: tie-in with The Round, installation of sidewalks, bike lanes and

crosswalks where they were missing, replacement/addition of trees, sidewalk

enhancement; bus stop improvement/ relocation, improvement of historic park, and new

light fixtures at some locations.  

Young reviewed the executive summary.  The total cost for the improvements was

estimated at $3.7 million (includes site-specific guidelines).  She said there was

$100,000 in this year’s budget for this project.    She said staff would return this spring

with implementation recommendations to tie in with next year’s budget.  She said the

Plan would allow staff to look for Grant opportunities.  She said a Community Investment

Fund Grant request for $250,000 had been submitted to the State Department of Housing

& Community Services (a $150,000 grant to be matched with $100,000 currently in the

budget).  She said staff requested starting with the project on the corner of Hall and

Broadway for this site would tie together the corridor-wide improvements and had a site-

specific element.  She said the owner of the Beaverton Bakery was excited about using

the corner for a public pedestrian plaza.  She said staff should hear about the grant in a

few weeks.  She said plan implementation would include updating the Development and

City Codes to bring these improvements into the downtown.    

Young reviewed the public involvement on this project, she said it began with several

surveys of the area business owners, transit users, pedestrians, and bicyclists.  She

said public workshops were held last summer, along with meetings with the property

owners (mailed notices were sent to all who participated previously and flyers were

handed out to side street businesses).  She said Council received an update last

December and depending on the Council’s  preference, staff would continue working with

the property owners on implementation of the plan.   

Batra noted that in October there was a second workshop where sketched ideas were

considered and prior to the project beginning there were extensive public notices in the

Beaverton Valley Times and The Oregonian.

Coun. Doyle said those were great ideas and he liked that it would recognize Beaverton’s

history.  He asked that staff come back with detailed plans, a realistic timetable, and

funding approach.  He asked about citizen involvement.  

Young noted that 40 people attended the first workshop, many were new participants.

She said in October there were about 30 people who participated in a workshop.  

Coun. Doyle asked that interested citizens voice their comments on this project.

Coun. Soth suggested using volunteers on the project; it could save the City money and

enhance the sense of community, examples would be planting shrubs and trees.  

Coun. Stanton confirmed that the team worked with Tri-Met on the needs for each bus

stop and will continue to do so.  

Young noted that minor improvements were done to the Farmington/Hall stop. She said

staff would be also working with Tri-Met for potential funding.

Coun. Brzezinski said she attended the second workshop and liked the plan.  She

understood that there might be grant funding available, but asked if most of these items

would be added to a Capital Improvement Project (CIP).  

Young confirmed there was no special funding, but some of these items would be

replacement items for fixtures and improvements that were ending their useful life and

would have to be replaced anyway.  

Mayor Drake thanked them for the presentation.    


Coun. Ruby MOVED, SECONDED by Coun Doyle, that the Consent Agenda be

approved as follows:

Liquor Licenses: Change of Ownership – Sports Page or Cheerful Sports Page,

New Outlet – El Ranchito Alegre, Sushi Boat, Greater Privilege – Ringo’s Ale

House and Tavern

Boards and Commissions Appointments: Gary Bliss appointed as the Planning

Commission Representative to the Historic Resource Review Committee to a

Term Expiring 12/31/04.

Contract Review Board:

Rejection of Requests for Proposal for Printing Services

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

Station voting aye, motion CARRIED unanimously (5:0).


Mayor Drake announced that the hearing on the Electric Street Right of Way

Vacation would be held first (AB 02095) and the Beaverton High School Street

Vacation would be held second (AB 02094).

SV 2001-0004 Electric Street Right-of-Way Vacation

Joe Grillo, Community Development Director, read a prepared statement defining

the process for this hearing (in the record).

Grillo asked if there was anyone present who wanted to challenge the Mayor or

Councilors’ right to hear the matter that evening.  

There were no challenges.

Grillo asked if there were any Councilors who wished to abstain due to


There were none.

Grillo asked if there were any Councilors who received ex parte contacts, the

nature of such contacts and if the contacts impaired the Councilor’s impartiality or

ability to vote on the matter.  

No one reported any contacts.

Grillo asked if there was anyone present who wished to challenge the council’s

authority to hear the matter.  

There were no challenges.

Grillo said because the City was the applicant, staff dispensed with presenting the

staff report and offered to answer Council questions.

Coun. Soth wanted to clarify that this cul-de-sac was originally proposed for

extension of the street, but because of a different intersection configuration it was

no longer required.   

Grillo explained that the majority of the cul-de- sac would be maintained as part of

the street. He said the adjacent property owner had helped by dedicating

additional right-of-way to the west.  He said the minor portion of the cul-de-sac

would not be needed for the extension of Electric Street.  

Coun. Stanton said she was happy that the property owner would be getting full

use of the property and that there would be the potential to connect the streets in

the future.

Mayor Drake opened the Public Hearing at 7:46 p.m. 

There was no testimony.   

Mayor Drake closed the public hearing at 7:46 p.m.

Coun. Soth MOVED, SECONDED by Coun. Brzezinski to approve Agenda Bill

02095 to approve the Electric Street Right-of-Way Vacation SV 2001-0004.  

Coun. Soth explained that the undeveloped portion would not be needed and it will

put the street right-of-way in a better configuration.  He felt it was fair to everyone.  

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

Soth voting AYE, motion CARRIED (5:0) Unanimously.  

Mayor Drake called for a recess at 7:45 p.m.  

RECONVENED:  The meeting was reconvened at 8:00 p.m.  

SV 2001-0003 Beaverton High School Street Vacation

Mayor Drake noted there was a File No. Correction on the Agenda Bill File

Number  SV 2001-0003.

Joe Grillo, Community Development Director, read a prepared statement defining

the process that needed to be followed for this hearing, including the various

required disclosure statements (in the record).

Grillo asked if there was anyone present who wanted to challenge the Mayor or

Councilors’ right to hear the matter that evening.  

There were no challenges.

Grillo asked if there were any Councilors who wished to abstain due to


There were none.

Grillo asked if there were any Councilors who received ex parte contacts, the

nature of such contacts and if the contacts impaired the Councilor’s impartiality or

ability to vote on the matter.  

Coun. Stanton stated that last fall Mr.Cermak, Vice Principal at Beaverton High

School, spoke to the Volunteer Coordinating Committee about the application that

the School District would be submitting.  

Coun. Soth said he has lived in that neighborhood for the past 51 years and he

was well acquainted with the high school and area around it.  He said his children

went to Beaverton High School.

Coun. Doyle stated he was on the local school committee for five years and his

youngest daughter graduated from Beaverton High School.

Grillo asked if there was anyone present who wished to challenge the Council’s

authority to hear the matter.  

There were no challenges.

Grillo noted Councilors had copies of digital photographs of Second Street taken

at different times weekday mornings, afternoons, evenings, and a weekend

morning, afternoon, and evening.  He asked if there were any questions.  

Coun. Stanton asked what day of the week the photographs were taken.  

Kirkman replied they were taken on Friday, Saturday, Sunday, and Monday of the

past week at around 7:15-7:30 a.m.  

Coun. Ruby asked for more information on how the gates went in and the reason

the City agreed to install the gates.  

Sparks explained that in the early 1990’s the District came to the City with a street

vacation request.  He said it was not approved but the Council agreed to the

alternative of gating Second Street during the school hours.  He said the gates

were open during the weekend.    

Mayor Drake explained that the City had received numerous complaints about

students being off campus in the areas around the school.  He said after

discussion with Dr. Katz and the principal of Beaverton High School, it was

decided to close the campus.  He said surrounding businesses were pleased

with the solution.    

Coun. Stanton added that Merle Davies School was used for math classes and

the food court; students went back and forth between the two facilities.

Coun. Ruby said it was unusual that a through street was in front of the high

school; other high schools did not have that configuration. 

Coun. Soth said that when he moved to Beaverton the high school had three

stories.  He said Merle Davies was an elementary school and most students

walked or were bused.  He said the town was small and the school fronted

Second Street.  He said after Merle Davies was discontinued as an elementary

school, it became an adjunct to the high school.   


Mike Maloney, Beaverton School District (BSD) staff, and Jack Orchard, attorney,

Portland, represented the District.  

Orchard explained that this vacation allows property to go into the hands of

another public agency, which serves the public benefit.  He said this street was

not usable by the public for a significant part of the weekdays and the year.  He

said Westview and Southridge High Schools had a paper street going through the

middle of their sites on the Transportation Plan; but the City and County

eliminated the street because it was unsafe.  He said the high schools needed to

accommodate the growth and change.  He said the Planning Commission

focused on the City’s transportation policies, but not on the two other sets of City

policies.  He said the first policy was the Redevelopment of the Downtown. He

said the high school was an anchor of this part of the old downtown. He said the

second policy, Comp Plan Policy 5.7.1 Accommodating Growth and a Limited

Land Supply, related to the BSD.  He said the balance of public interest would be

that the vacation was needed to accommodate additional facilities that can’t be

constructed in any other direction than by going into the Second Street right-of-


Maloney explained the purpose of the vacation would be to allow the District to

redevelop the campus to meet its enrollment growth needs.  He said Beaverton

High School was the smallest high school campus in the BSD and was bisected

by Second, Stott, and Erickson Streets. He said they had a number of parcels

adjacent to several streets and it was undesirable from a traffic safety and school

operations point of view.  He said the traffic impact report showed the impact of

the vacation would be minimal.  He said they could demonstrate why they met the

criteria.   He said Council could consider the District’s future plans in weighing the

public interest.  He noted that staff made no recommendation and the

Commission’s recommendation was on a split vote.  He said staff had

recommended the approval of the CUP if the vacation was approved.  He said

other public improvements that would be derived from this vacation included

improving the water line connection between Stott and Erickson, which would

help the neighborhood and improve fire safety.

Russ Pitkin, Ellis W. Architects, Portland, representing the BSD, reviewed the

existing street and facility, the proposed new cafeteria building and site

realignment of Second Street, visitor parking, the school drop off zone, and

handicapped access.  He explained how this would upgrade, unify, and create a

safer situation for the District.  He said the lot to the east would be gated and not

accessible during the school day.  He said the cafeteria would accommodate

projected densities and would unify the existing building and Merle Davies.  He

said the building could accommodate food services, events, and community

meeting spaces.  He said there would be a second story sky bridge to connect

the two buildings and a 12-foot wide passageway with enhanced features on

Second Street for pedestrian/bicycle use.  He said this would meet City Council

Goal One “to preserve and enhance the sense of community.”

Maloney confirmed the age and layout of the original school.  He reviewed the

alternatives that were considered for the expansion south intruded into the athletic

field, north across Second intruded into heavily-used park and recreational space, 

and the Davies building meant they would be dealing with a Historic Resource

Inventory building.    He said the District would be involved in expanding Sunset

and Westview High Schools. 

He said in weighing all these factors, Second Street was the least objectionable

alternative and it best fit the community’s interests.

Frank Angelo, Angelo Eaton & Associates, Portland, said the District recognized

vacating an existing street was a major decision.  He said the redesign would

maintain a sense of connection to the community because people would be able

to drive in at the main entrance off Erickson Street. He said the east side parking

lot would be closed to secure the campus.  He noted that it was difficult to

balance competing Comprehensive Plan policies, but the BSD believes they

would comply with the transportation, redevelopment, and public facility policies in

the Comprehensive Plan.  He noted that there was a debate at the Commission

level on Policy 6.2.5, which directed that a street vacation be a measure of last


Coun. Soth asked for the School District’s view of public interest.

Maloney explained that the District considered a number of alternatives, engaged

in thoughtful planning, and worked with staff and consultants when considering

the impacts of removing this link in the transportation system.  He said they

believe a larger public interest would be served than harmed by removing this link.  

Coun. Soth asked if the interest of the people in this area was more important

than the interest of the citizens at large in terms of transportation/connectivity.  He

asked if the District would pay for the waterline replacement or was that part of

the City’s CIP. 

Maloney explained it would be a partnership between the COB and BSD.  He said

the District would pay a portion of the upgrade; for the upgrade would not occur if

not for the development.  He said in terms of public interest,  weighing the need to

expand the school and to preserve the open spaces/recreational uses on the

campus against the alternatives for putting the expansion on another location,

they felt the interest of a neighbor who may want to use the area to be vacated

would be for the greater good.  He noted there was no opposition at the

Commission’s hearing.  

Coun. Soth asked why it would be more of a convenience to the BSD to place the

cafeteria where it was proposed. 

Maloney replied that if they used the existing kitchen and pushed the cafeteria

south, it would intrude into the athletic complex.  He said placing it to the north,

would intrude into the soccer fields, which were over-subscribed by Tualatin Hills

Park & Recreation.     

Coun. Soth asked if they looked at the east end of the block, which had vacant


Maloney said they did look at it, but the high school did not have the number of

parking spaces required by the Code.  He said it precluded going into the parking

area southeast of the Merle Davies building.    

Coun. Soth asked about the reference to “westbound on Second Street, west of

Erickson.”  He noted that when traveling west, there was limited site distance to

the east.  He asked if the traffic engineer had looked at that. 

Maloney replied that it was studied and little traffic would be diverted that way.      

Coun. Stanton said that the original application had 30 feet of Merle Davies taken

out for a bus route.  She asked why that had been taken out of the plan.    

Maloney explained that it would have taken out a portion of the Merle Davies

building, which was on the City’s Historic Inventory.  He said it also would have

taken classrooms out of service at Davies and the purpose of the expansion was

to provide for more classrooms, as the existing cafeteria would be converted into

classrooms.  He reported that comments were made at the Neighborhood

Association meetings that it would be desirable to preserve the building.  

Coun. Stanton asked if the modified plans were taken back to the NAC.  

Pitkin replied they had not been reviewed by the NAC.     

Coun. Stanton confirmed that the buses on Erickson would exit onto Farmington

and those on Stott would travel to the east.  She asked about traffic being blocked

by buses as students load and unload.

Maloney explained that the buses would be at the curb and not in the travel lanes.


Coun. Stanton asked how many parking spaces would be lost.    

Maloney explained they would be gaining spaces, not losing them; for a parking lot

was planned to the east of the playfields.  He reviewed the crossing

enhancements on Erickson, and the drop off and parking areas.  

Mayor Drake said he had observed students parking on the west side of Erickson.

Gary Alfson, Harper Houf Righellis, Portland, civil engineer for BSD, said the

driveway width between the parking stalls was 28 feet and at the intersection on

Second and Erickson was 24 feet. 

Coun. Stanton said she was concerned about the traffic from dropping off

students and buses stacking up at the drop-off area.  

Maloney explained that it would depend on the bus routing, which would be

developed each year.  He said it should be fairly balanced between Erickson and


Coun. Stanton asked if parking was not lost since there would be parking 30 feet

from the door and by the gym.  

Maloney explained that with the street reconfiguration, redevelopment of the east

side and additional parking on Erickson, there would be more parking than

currently exists.  He said parking spaces would be increased from 360 to 432.  He

said they would be making improvements to the Tri-Met stop on Farmington and


Coun. Ruby referred to page 31 of the DKS Report, which stated that on Erickson

and Stott buses would be set off the travel lanes in a curbside loading area and

would not require stopping traffic on the streets.  He confirmed this would be an

improvement, which would create a refuge and help manage pedestrians.

Coun. Stanton said that would remove parking that currently existed.

Maloney replied that the numbers he gave earlier were the net parking spaces.

Coun. Soth asked if the bus loading area was available for parking when the

buses were not there; he was concerned about traffic safety with the extensions

into the street.  

Maloney said that the curb extensions were in the City’s traffic calming standards

and had been reviewed by the traffic engineer and the City’s planning staff.  

Coun. Brzezinski confirmed that the planned cafeteria would be large enough to

meet anticipated enrollment growth.  She asked about the school building size.

Maloney explained that the capacity for the expanded school would be 2200

(including Merle Davies); this was the planned capacity for all the facility.

Patrick Holmes, BHS senior, spoke on behalf of the students on the importance of

this plan.  He said 2,200 students trying to eat in the existing food court and

cafeteria would be inhumane; there would be a brawl for chairs.  He said the new

cafeteria would allow the students to come together more.  

Coun. Soth asked him if he felt the facility was needed at some place on the

Davies site.  

Holmes said he felt the proposed location was a good place and that the fields

were needed at the school.  He also felt it was not safe to have traffic traveling on

Second Street after school. 

Vicky Van Buren, Principal of BHS, explained that currently they had 1,765

students; next year it would increase by 350.  She said the current cafeteria held

350 students and the food court was not a hot lunch program.  She agreed with

many previous comments.

Brad Cermak, Vice Principal BHS, spoke on the inadequate cafeteria facility at the

school.  He said if the cafeteria was located elsewhere it  would encroach on

existing field space and parking areas.  He said using Second Street would give a

better opportunity to students and would not take away from the limited use. 

John Seger, Beaverton Local School Committee member, spoke on the types of

applications that came to the Committee for this building.  He said the building

was used a lot; not just when the street was closed.  He said some applications

go late into the night, early morning, and weekends.  He said church groups,

people holding receptions, and community groups used the facilities.  He was

concerned that when the gates were open it felt like a parking lot, which was not

safe.  He said when the street was open it had minimal use.  He felt that this was

a plus for the community, because the cafeteria would not encroach on the fields,

it eliminated safety concerns and it provided a front to the school.  He said that the

Local School Committee liked this plan and asked that Council weigh this


Henry Kane, Beaverton, said that what was good for the Beaverton School

District was bad for the City of Beaverton.  He said closing this street would

increase congestion, air pollution, and adversely affect the development of the

downtown in the next fifty years.  He said the public interest was more than the

school district and its students; it was all the citizens.  


Orchard responded that the public interest involved weighing all the policies in the

Comprehensive Plan (transportation, redevelopment, and schools).  He said the

Planning Commission’s decision addressed only transportation.  He said in

talking about public interest, that would include the cost that go into any public

project.  He said the applicant was a public agency and acted only in the public

interest.  He said the enhancement of the programming at the high school, the

better arrangement of facilities, and the inter-relationship with Merle Davies all

emanated from providing better facilities and products.  He said transferring

students would not work. He said building up would not be practical in terms of


Maloney reiterated that the District looked at different places on the campus. He

said building up was cost prohibitive because of Code implications, the District

was limited to the funds that the voter’s approved.  He said after examining a

number of alternatives, they concluded that this was the one to submit, as it best

protected the public interest and had the least negative impact to the public


Coun. Soth said there was an error on the detail map, which showed Third

Street, located through the school property.  He said it was closed several years

ago and converted to the athletic field.  

Coun. Stanton asked what other properties belong to the school district east or

west of Erickson and Stott.  

Mayor Drake noted the District only owned one parcel east of Stott.

Coun. Brzezinski asked for discussion of the broader parameters that the Council

could use in making a decision.   

Grillo replied that the attributes of public interest were varied. He said the

monetary value of the land being vacated included looking at the transportation

element and connectivity in the Transportation System Plan; downtown

connectivity; downtown redevelopment for housing and jobs; and public facilities

of the Comprehensive Plan.  

Grillo said on a global level, the Council could consider the property and taxes,

every time a public agency bought a site, it came off the tax roll.  He said the

Council would decide how to weigh these issues.  

Coun. Ruby thought it was appropriate to also consider that they were talking

about the City’s oldest high school, which was deeply rooted in the community.

Grillo agreed, explaining that staff needed to search the documents for the items

that the Council had endorsed by ordinance first, but Council had a broader

latitude in considering the public interest.   

There being no further comment, Mayor Drake closed the hearing at 10:04 p.m.

Couns. Doyle MOVED, SECONDED by Couns. Brzezinski,  that the Council

approve SV 2001-0003 Beaverton High School Street Vacation.  

Coun. Doyle said that in reading and listening to the testimony, he felt it was time

to bring Beaverton High School into current times.  He said the complex was a

last resort.  He said safety was an issue; closing the street would make safety

permanent.  He said moving classrooms back to the main building would

enhance safety.  He said losing that block would have minimal impact, as the

numbers justify.

Coun. Doyle said this part of Beaverton needed a change and the high school

deserved to be on par with the capabilities of the other high schools.  He said he

would support the motion.

Mayor Drake called for a brief recess at 10:15 p.m.  


Mayor Drake reconvened the meeting at 10:25 p.m.  

Coun. Stanton said she would support the motion.  She felt that the street should

be vacated as a measure of last resort for the neighborhood, which was the

school, and there was more than transportation involved.  She did not believe the

general public would be prejudiced by the vacation of this street.  She said the

number of school-related drivers/traffic in that area outweighed the non-school-

related activity, which was another reason to support the vacation.  

Coun. Soth said he would not support the motion.  He said this was supposed to

be a last resort action. He said that the south end of Merle Davies was not part of

the original building and it would not meet the historical criteria.  He felt that

alternative was not addressed thoroughly.  Second Street was not a one-block

street and should not be referred to as such.  He said public access and the

public interest would be better served to maintain it as it was today.    

Coun. Brzezinski said she would support the motion.  She said the purpose for

doing this was to gain more classrooms; putting the cafeteria in Merle Davies

would eliminate classrooms.  She noted there were several high schools in

Portland where there was a street at the front door, but not one had class facilities

across the street that students had to access.  She was basing her decision to

favor the vacation on her definition of the public interest in this case as “the ability

to expand a school to meet current and expected future needs at minimal cost

compared to the alternatives.”  She said there was the need to keep as much as

open space as possible for the fields and the public would be better served by

having the ability to park near the entrance to the school.  She did not see a better


Mayor Drake said he valued the opinions of the elected officials.  He felt there was

minimal impact to area traffic and it was important to preserve schools and open

space; the schools were “gasping for air” in terms of existing space.  He

supported this for the redevelopment of the downtown.  He said people were not

thinking 50 years ago when they developed the grid system.  He said this plan

would be for the long term; it would preserve quality open space and a historic

building.  He said the public interest was served through historic preservation,

providing school expansion in an existing space, and it would be a more effective

use of existing land.  He was proud that the city could partner with the school


Question called on the Motion: Couns. Ruby, Doyle, Brzezinski, and Stanton

voting AYE; Coun. Soth voting NAY, MOTION CARRIED (4:1).

Mayor Drake called for a brief recess at 10:35 p.m.


Mayor Drake reconvened the meeting at 10:45 p.m.


Work Session for Discussion of Proposed Solid Waste Ordinance and Rate


Chief of Staff Linda Adlard and Program Manager Scott Keller reviewed the

proposed solid waste franchise ordinance and the proposed rate structure.  

Adlard explained this review had been in progress for two years, due to the

lawsuit filed by AGG.  She said the court decision had affirmed that the City could

have a franchise system for solid waste and recycling.  She noted the public

hearing would be scheduled for two weeks.  She said staff was proposing a July

1, 2002, time schedule.

Adlard explained that in the 1990’s, Beaverton grew by 42.8%; the state by 20.4%,

the nation by 13.1%.  She said Beaverton had the highest population density per

square mile of any city in Oregon.  She said this made the services critical and of

high standard.  She said this ordinance would allow the City to have a franchise

system for the collection of solid waste and yard debris.  She said to keep rates

low, all the haulers must have a residential component (not be commercial only). 

She said staff was recommending a non-exclusive standard, which meant

haulers would be rated.  She said this would be a seven- year franchise so the

haulers could depreciate their equipment.  She said there would be a franchise

fee of 4.0% for residential and 4.5% for commercial.  She said the haulers worked

with staff on this ordinance but they had not seen the final draft before Council. 

She said the franchise would establish hauler collection responsibilities (automate

system by January 30,2003, participate in neighborhood cleanup day, provide

weekly yard debris) and it defined customer service standards and excellent

customer service.  She said haulers would make a minimum of 9% profit

(consistent with the rest of the county).  She said this also outlined customer

responsibilities for the hauler.  She said it would give the City the penalties for

enforcement, outline the termination process if a franchisee did not perform as

desired and would allow the transfer of franchise rights.

Adlard noted that the average residential rate was $18.27 in the tri-county area;  

Beaverton was $16.50.  She said staff was proposing $18/month; a $1.50

increase to be done in $0.50 increments every six months beginning July 1, 2002,

so that the citizen’s could budget for it.  She said the actual cost for a 32-gallon

roll cart was estimated at $20.80, so the subsidy of $2+ was significant but it

would be important to encourage people to use the service.  

Adlard said that the rules and regulations were set at the administrator level for

efficiency given the unknown nature of the City’s growth.  

Adlard  said on July 1, 2002, rates would increase by 50 cents for each of the next

three six-month periods, the system would be automated to provide faster pickup,

and yard debris recycling would be done weekly. She said most commercial rates

would go down, but some would increase slightly.

Coun. Soth confirmed that seven years was the standard for depreciation time.   

Adlard explained that the seven years was the minimum; staff felt a ten-year cycle

was too long to be as responsive as staff needed to be.    

Coun. Soth confirmed that the 9% profit would be net.

Coun. Soth noted that Metro was proposing a $1/ton increase on disposal fees

and asked if that would affect rates.

Adlard replied that tipping fees did not always need to be passed through to

citizens; they could be passed through in additional services.  She said staff had

built into the rate model a 3.1% inflation for this year and 3% for next year.  She

said tipping fees for 2002 were about $66.50 per ton.   

Coun. Soth asked about the market for recyclable material, which did not exist for

some products.  

Adlard explained that was one reason for the rules and regulations were not in the

ordinance; if they need to be changed it could be done easily.  She said recycling

was good for the earth and people, but it was not good for business from the

haulers’ standpoint.  She said they did it because it was required.  She said it was

built into the rate structure to ensure that the hauler’s had the 9% return.  

Coun. Doyle asked if other cities were using that ordinance.

Keller noted that the consultant did the initial draft.  He said a lot of modification

had been done in the last several months.  He said it is very similar to other cities.  

Coun. Doyle asked who enforced these guidelines.

Adlard replied that the haulers provided the financial information to the City and

the City did the audit.  She said often a consultant was used to do the audit.   

Coun. Doyle asked if weekly pickup of yard debris had been demonstrated to be a

need within the City.  

Adlard replied she was not sure it was a huge demand, but staff believed if it were

easier for citizens to keep their yards clean and recycle more often, they would do


Keller noted that Beaverton would be the first city in Washington County to offer

weekly yard debris service.  He said studies showed that if it was available

weekly, citizens would use it.

Adlard said the City would provide information to the citizens on recycling

services and solid waste rates.  She said the haulers could be asked to keep

track of the tonnage and increase in usage.

Coun. Doyle asked if doing the increase in increments would be to relieve sticker


Mayor Drake said that past experience (water rates) indicated that people

preferred smaller increases done over time than one large increase.   He said it

has been a long time since rates were raised; it was necessary to factor in

changes and to keep the haulers solvent. 

Coun. Doyle said he liked the concept of the rules; it sounded more manageable.

Coun. Brzezinski asked the current length of the franchise.

Adlard replied it was 10 years.  She said it should have been reviewed in 2000 but

the City needed to do a thorough audit and analysis which was completed and up

to date.

Coun. Brzezinski remembered that the rates were increased in 1994.  

Adlard explained that Council did review the rates in 1994, but it was not as

thorough a study as this analysis.  She said rates could be adjusted annually

within a franchise to meet the needs of the time.  

Coun. Stanton asked if the 50-cent increments would cover the needs.

Adlard replied that it covered the current estimate for 2002.

Coun. Stanton asked if the City has met the State target so that State revenue

sharing and gas tax would not be lost. 

Adlard explained the Metro region had not met all of the targets.  She said

improvement was needed in commercial recycling. She said the City would not

lose any funding because of that.    

Coun. Brzezinski thanked the haulers for sticking it out and for the excellent

service they provided.  She commented that the City did not get many complaints

about the solid waste service.  


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

meeting was adjourned at 11:20 p.m.  


Sue Nelson, City Recorder


Approved this 17th day of June, 2002


Rob Drake, Mayor