April 22, 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 22, 2002, at 6:40 p.m.


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

Doyle, and Forrest Soth.  Coun. Stanton was excused.  Also present were City

Attorney Mark Pilliod, Asst. City Attorney Bill Scheiderich, Human Resources

Director Sandra Miller, Finance Director Patrick O’Claire, Community

Development Director Joe Grillo, Engineering Director Tom Ramisch, Economic

Development Manager Janet Young, Development Services Manager Steve

Sparks, Traffic Engineer Randy Wooley, Project Engineer Jim Brink, Sr. Program

Manager Joe Gall, Program Manager Scott Keller, Police Captain Stan Newland,

Library Director Ed House, City Recorder Sue Nelson, Deputy City Recorder

Catherine Jansen.


Matt Hackett, Beaverton High School student, urged the Council to endorse Ballot

Measure 13 authorizing the use of $220 million from the Education Endowment

Fund to solve the budget deficit for the next fiscal year for the schools in Oregon. 

He said if the measure failed the Beaverton School District would have a $14

million deficit.  He said cuts would include eliminating outdoor school, school

psychologists and custodial staff, and reducing the student/faculty ratio.  He noted

that educational professional groups were split on this issue and felt it was

important for the Council to take a stand to help inform the voters.  He noted this

was a necessary stopgap solution for next year.  He said it would keep education

at the current service level and would prevent loss of teachers.  

Mayor Drake thanked him explaining he did give Council information on Ballot

Measure 13 last week; the Council would act upon the request next week.  

Coun. Soth noted that one objection to the measure was that it only left $50

million available for the next biennium.  He asked Hackett for his opinion.  

Hackett said he felt this was serious and warranted using most of the money; the

Oregon State Lottery would still contribute 15% of its funds.

Coun. Doyle thanked him, noting Council would discuss this later in the meeting.

Henry Kane, Beaverton, referred to Consent Agenda Bill 02101, the Vacation of

Second Street.  He noted that the Planning Commission voted against this

vacation and was now recommending removing the street from the

Comprehensive Plan.  He commented that he thought Council might want to

delay action on this item.   

Warren Westgarth, Beaverton, stated he was interested in Earth Day and was a

volunteer at the Police Activities League (PAL), where he taught the students

about the earth.  He reviewed a report card that he and the students had tabulated

which showed that the City was in the high percentile with regard to “earth

friendliness.”  He stated this was important because the city was a very livable

place and had done a good job with recycling.  He said he was involved in the first

Earth Day in 1970, and having been to many places, which had serious

environmental problems, it was good to be back in Beaverton.  

Mayor Drake said he had the pleasure of working with Westgarth on the Veterans

Memorial and appreciated his comments.  

Coun. Soth explained that Beaverton was the first city to set-up a yard debris-

recycling program and one of the first cities to pass the solar access ordinances.    


Coun. Ruby referred to Mr. Kane’s question concerning removal of Second Street

from the Comprehensive Plan and asked for clarification on the Planning

Commission’s actions.  

Steven Sparks explained that the two issues were separate applications that were

reviewed on their merits.  He said the Comprehensive Plan Amendment removed

the designation of Neighborhood Route from Second Street; it did not eliminate

the street, it just removed it from the street hierarchy.      


There were none.  


Mayor Drake noted this week as Arbor Week, April 21-27, 2002


Update on Redevelopment Proposal for the Washington County Fairgrounds:

Tom Brian, Chair, Washington County Board of Commissioners (BOC)

Tom Brian, Chair, Washington County Board of Commissioners, and Jerald

Kubiak, Government Affairs Assistant, updated Council on the redevelopment

proposal for the Washington County Fairgrounds.  

Brian reviewed the site on Cornell Road, which consisted of 104 acres and was

adjacent to land owned by Tri-Met and the Port of Portland (total acreage of the

three was 162 acres).  The Board of Commissioners (BOC) formed a task force,

with staff, consultants, and an architect to study the options for the property.  He

said the result was the proposed plan that was now being presented to the public. 

He said the plan included:  a new 150,000 sq. ft. facility suitable for a variety of

events (job fairs, trade shows, conferences, small performances); a 50,000

square foot building for fair events; an outdoor arena with 2,500 permanent

covered seats for rodeo or outdoor uses; parking; open space; and MAX

connections.  He said the total cost for the redevelopment would be $38-40 million

($0.098/$1000).  He said a recommendation would go to the BOC in a month to

decide if it would be placed on the ballot.  He said conservative estimates showed

this facility could operate in the black at about 40% usage.  He noted comments

could be sent to their web site.

Coun. Soth asked if this would adversely affect Vancouver’s proposal.  

Brian explained it was not as large as Clark County’s facility and it would not

compete on the same level.    

Coun. Soth said he hoped 9 ½ cents/$1000 was firm and not an average. 

Brian confirmed that the 9 ½ was the starting point and it would generate the

funding needed.  

Coun. Ruby asked if they were influenced by Deschutes County.

Brian said they had learned from assessing Deschutes County’s facility. He

stressed to the task force that this proposal had to be financially sound; studies

had shown that exhibition spaces were financially successful.  He said the

exhibition facilities would be constructed first and other facilities could be decided

in Phase Two.

Coun. Brzezinski asked if the fair grounds would remain open during construction

and if there had been any comment from the current users. 

Brian explained that the rodeo arena and parking would remain.  He said some of

the buildings would be razed; some would remain for non-fair time users, so that

they could still afford the facility.  He said the response from current users had

been positive.  

Coun. Brzezinski noted the arena would be close to the hotel and asked how the

hotel owners felt about loud noise from the arena.    

Brian explained it was on the north end of the site, away from the homes and was

oriented east west for noise projection away from the hotel.  He said they would

discuss hours of operations, decibel limitations, and limiting the number of events

that could have amplified music.  

Kubiak said the hotel owners were pleased to have them as a neighbor.  He said

staff would continue to work on the noise level issue.  

Coun. Doyle asked if current users would move to the new facilities.  

Brian responded that some would. He concluded that the ball fields and tennis

courts would be kept.  

Coun. Doyle said he was impressed and wished them good luck.  

Mayor Drake asked if they planned on running a separate profit center with the

funds reverted back into the facility.  

Brian said they had not discussed this, but his hope was to have a reserve and

save for facility development.  He said he would argue against any profits going to

the General Fund.

Mayor Drake asked about long term development in that area; if the older

buildings were kept, would it look like the “ugly duckling and the swan.”  

Brain said there were new buildings going in that would clean up the area and it

was hoped to get into Phase Two planning shortly.


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

approved as follows:

Minutes of the Regular Meeting of February 11, 2002

Adopt Resolution Proposing Final Assessments for the Lombard Gardens Local

Improvement District and Set Public Hearing 

Liquor License: Hueng Bu Ne (Change of Ownership)

CUP 2001-0011 Oregon Episcopal School Marsh Enhancement Conditional Use


CPA 2001-0022 Beaverton High School Comprehensive Plan Amendment

TPP 2001-0002 Oregon Episcopal School Marsh Enhancement Tree

Preservation Plan

Boards and Commission Appointments:  Joe Won Kim to Human Rights Advisory

Commission to Term Expiring 12/31/02

Authorize Mayor to Convey Surplus City Property to Habitat for Humanity for Use

for Low Income Housing.

Final Order for Traffic Control Board Issue 471 Regarding a Median Island on SW

Hall Boulevard at the Fanno Creek Trail.

Contract Review Board:

Rejection of Bids for Mowing and Maintenance of Drainage Facilities 

Rejection of Bids for Backhoe

Exemption from Competitive Solicitation – Award Two Contracts for Collection

Agency Services from the State of Oregon Price Agreement

Contract Change Order – Right-of-Way Services for the Henry Street Extension


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

AYE, the MOTION CARRIED unanimously. (4:0)   


Mayor Drake called for a recess at 7:35 p.m.  


Mayor Drake reconvened the meeting at 7:44 p.m.

Coun. Soth MOVED, SECONDED by Coun. Brzezinski that Council direct the

Mayor to draft a resolution supporting Ballot Measure 13, based on information

from the Beaverton School District and from Mr. Hackett.  

Coun. Soth noted that all were concerned about the effects that Measure 5 and

the downturn in the economy had on education.  He said school funding needs

were not being met.  He said Ballot Measure 13 would provide temporary relief. 

He urged support of the motion.

Coun. Brzezinski said she would support the motion, but it was painful because

the original intent of endowment was worthwhile.  She said passing Ballot

Measure 13 was the lesser of two evils.  She commended Hackett for his

presentation, but noted that Ballot Measure 13 would not allow districts to

maintain current levels because there had been serious cuts.  She concluded if it

failed, districts would be in worse shape.

Coun. Doyle said he would support the motion.  He said if citizens were betting on

a special session of the legislature, districts would lose. He said it was not a

perfect choice, but it was time to act as others have not acted.

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

AYE, MOTION CARRIED unanimously. (4:0)  

Mayor Drake said a resolution supporting Ballot Measure 13 would be drafted next



APP 2002-0002 Henry Street Extension Project: Appeal of Design Review

Approval (BDR 2001-0196)  (Applicant:  City of Beaverton.  Appellant: Beaverton

Foods/Dominic Biggi)

Mayor Drake opened the public hearing.  

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 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 was anyone present who wished to challenge the Council’s

authority to hear the matter.

There were no challenges.

Grillo then read the rules for the hearing (in the record).  

Mayor Drake stated that in the event he had to vote, this project started as a State

Grant; the State would be providing half of the funding for the project.  He had

some discussions with the Biggi’s about the grant application, but those

conversations were neutral; he did not feel they prejudiced him in anyway.  

Grillo noted the staff report would not be presented as it was in the Council

packet; he asked for Council questions.

Coun. Soth asked if Alternative Plan dated 4/8/02 was the mutually agreed upon


Steven Sparks, Development Services Manager, replied it was the mutually

acceptable alternative and it satisfied the appellants.

Jim Brink, Project Engineer, explained staff developed an alternative design for on

street parking that satisfied the City, the appellant, and the Development Code. He

said it provided two travel lanes, two bike lanes, and two sidewalks.   He reviewed

the alternative design in the staff report (Exhibit B1, Pg. 31) (in record).  He said

the 8-foot parking strip was made possible by decreasing the width in other areas. 

He said this provided 11-12 on-street parking spaces on the north side.  He said

the design met all Code criteria; there would be an additional maintenance cost of

$2,670 every 20 years for a street overlay.    

Coun. Soth asked if the overlay would be required regardless of the parking.  

Brink explained the additional cost was for the extra street space.  

Coun. Doyle asked if parking would be limited.  

Mayor Drake noted there was a plan to limit on-street parking as part of The

Round and this would fall into that District regulation.

Dominic Biggi, Beaverton Foods, appellant, said he was pleased they had

resolved their differences and was satisfied with the alternative.

Coun. Soth reconfirmed that Biggi was satisfied with the drawings prepared.

Henry Kane, Beaverton, stated there was nothing in the Comprehensive Plan or

the Development Code that prohibited on-street parking.  He said the Biggi

property required on-street parking.  He noted that downtown Portland had

tremendous density and miles of on-street parking.  He said he supported the

alternative design.   

Mayor Drake noted that the alternative design drawing was dated 4/08/02.

Mayor Drake closed the public hearing.

Coun. Soth MOVED, SECONDED by Coun. Doyle, that Appeal 2002-0002, be

approved with the Modified Map/Drawing dated April 8, 2002 and the BDR 2001-

0196 conditions be approved

Coun. Soth noted that people shopping at Washington Square did not mind

parking a distance away, but people liked to park in front of small businesses.  He

said this was important, as the automobile would be the major form of

transportation for next fifty years.  

Coun. Doyle said he supported the motion and congratulated both sides for

coming to an agreement.  He said he was glad that the business community

reminded them about the realities that Coun. Soth discussed.  

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

AYE, MOTION CARRIED unanimously (4:0).

Public Hearing on an Ordinance Repealing and Replacing Provisions Contained

in Chapter Four of the Beaverton Code and Declaring an Emergency.  (Solid

Waste Franchise Ordinance)  

Scott Keller, Program Manager, reviewed the key elements of the Solid Waste

Franchise Ordinance as follows:  non-exclusive franchise to haulers for seven

years with comprehensive review at 3 ½ years; franchise fee increased from 4%

to 4.5% for commercial garbage collection; residential franchise fee remains at

4%; 9% profit; weekly yard debris service; conversion to automation; sets rules

and services for customers; residential rates would increase $1.50 incrementally

($0.50/six month period) over the next 18 months ($16.50 to $18.00/month); 

establishes franchise selection process.  The ordinance would be effective

7/1/02; first reading of the Ordinance would be scheduled on the agenda next


Coun. Doyle asked if the ordinance had changed substantially from the

presentation last week.  

Keller replied there were minor changes but nothing substantial.

Coun. Doyle asked if the automated collection system was mandatory. 

Keller noted it was; the cans used by residents would be replaced.  

David White, Regional Representative, OR Refuse & Recycling Association,

representing the haulers, gave a brief presentation about the services provided by

the area haulers.  He said all of the haulers were proud of the service they

provided and supported the goals of the Association.  He said they felt that the

document was a strong framework for the services they intended to provide over

the next several years.  He said for the record, the term of seven years was

acceptable, as long as the depreciation schedule mirrored that term.  He asked

Council to consider a ten-year term, to allow for capital purchases and to assess

the franchise mid-term.  He said he felt it would protect the term, the renewal

process, the franchisee, and the City.  He noted that if the Council decided to stay

with the seven years, they would appreciate a mid-term review, linked to a

renewal, so that the franchisee would know if the franchise was being extended or

terminated.  He also commented on the rates (in record); the haulers agreed with

the rates proposed, but they did have some concern about the ancillary services

in the rate structure.  He said they felt communication was the key to making this

work and he proposed meeting with staff on a regular basis to assess how they

were doing and to make changes as needed.  He noted they were proud of the

yard debris service and they looked forward to providing good cost-effective

services to the City.

Mayor Drake thanked Mr. White and the other haulers for their outstanding work

with the City and citizens, and for doing an excellent job.  He said concerning the

franchise term, the seven years was within the realm of franchise agreements

and not unusual.  He said today the City had good haulers; but it was a balance

between providing good service and keeping haulers solvent.  He said the Council

worked for the citizens, who call on the Council to intervene on their behalf.  He

said seven years was the recommended term so that if a hauler was not

performing well he could be removed. He forwarded Linda Adlard’s comments

that she appreciated working with the haulers.

Coun. Brzezinski asked about the mid-point review.  

Keller explained it needed to be incorporated into the next draft.  

Coun. Brzezinski confirmed with White that seven years was acceptable if at the

3-½ year review, the City would renew for another seven years.  She asked how

the City staff felt about this. 

Keller said that Council could take action to supersede the previous seven-year

award with a new seven-year award.    

Bill Scheiderich, Assistant City Attorney, explained that the fixed term was to give

new haulers a fixed point at which they could make a proposal.  He said this

continued the terms of the existing Code to allow new marketers to enter into the

business.  He said the term would need to be fixed because of the commitment of

capitol, labor, etc.  

Mayor Drake noted that today’s providers had a high quality record with a low level

of complaints and any problems were resolved.  

Coun. Soth asked if White was still working with Washington County Solid Waste

Coordinator, Lynn Storz.  

White confirmed he worked with her though he was not the official representative

for Washington County.

Coun. Soth confirmed with Keller that the additional item on review would go on

Page 12, Sec. 4.8.110.  

Coun. Soth asked if permissive language could be added to the 3-½ year review

and if the Council could choose to extend the term seven years from that point.  

Scheiderich said that could be done but he would want to add additional language

to clarify what the Council was doing, so that a new marketer would know when

the Council would consider new applications.  

Coun. Soth noted that as Beaverton’s population grew, and with the move toward

large haulers, the City may want to do this; it should be included in the ordinance.  

Coun. Doyle said he liked the suggestion of quarterly meetings between the

haulers and staff.  He also asked White for his reaction to the $0.50 increase.

White stated the haulers understood and respected that this was the direction

staff requested. He said they felt the City could promote this as an increase in

service; also one increase would generate fewer questions. He said they wanted

to be sure the citizens understood what was being done.  

Mayor Drake explained that when the water rate increase was implemented, the

citizens said that if it had been done incrementally it would have been easier,

especially for those on fixed incomes.  He said staff’s hope was to be sensitive

and reasonable.  

Coun. Doyle said citizens of Beaverton were fortunate to have the quality of

service, which was not in the top half of the rates for the area cities.  

Coun. Soth asked about the seven-year depreciation schedule on equipment, if

any equipment failed in the second year, would the hauler be protected.  

White explained that whether they repaired or bought new, it would be built into

the rate setting.  

Keller stated they do not have a formal plan for an equipment breakdown.  He said

if that happened it would have to be considered in the annual review.

Sandra Kamley, Beaverton, stated that in the past 2 ½ years she had used the

residential will- call service for those customers who did not need weekly service;

they placed little garbage into the waste stream.  She said the City did not

regulate the will-call rates; each hauler would set the rate individually so there was

a range of service and rates.  She said the new rules would standardize all rates

and services for all will-call.  She said she felt it was the right and fair thing to do. 

She said with new rates they would still be paying more than twice as much as

residential, but they would be subsidized at the same level.  She said she

supported this and thanked Linda Adlard for her interest in this issue.  She urged

everyone to recycle.  

Mayor Drake noted there was Council consensus on the points made by Coun.

Soth and Coun. Brzezinski.  He confirmed the staff had clear direction for the

solid waste ordinance amendments.

APP 2002-0002 Henry Street Extension Project:  Appellant:  Dominic Biggi

Mayor Drake explained there was a recommendation that Council refund one-half

of the appeal fee to Mr. Biggi, as staff only used half of the time anticipated on the

appeal in the fee.

Coun. Doyle MOVED, SECONDED by Coun. Soth, to refund one half of the

appeal fee ($300.00) to Mr. Biggi.  Couns. Brzezinski, Doyle, Ruby, and Soth,

voting AYE,  MOTION CARRIED unanimously (4;0).


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

meeting was adjourned at 8:59 pm 


Sue Nelson, City Recorder


Approved this 24th day of June 2002.


Rob Drake, Mayor