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BEAVERTON CITY COUNCIL
REGULAR MEETING
AUGUST 18, 2003
CALL TO ORDER:
The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob
Drake in the Forrest C. Soth Council Chambers, 4755 SW Griffith Drive, Beaverton,
Oregon, on Monday, August 18, 2003, at 6:35 p.m.
ROLL CALL:
Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth
and Cathy Stanton. Also present were Chief of Staff Linda Adlard, Interim City Attorney
Bill Scheiderich, Finance Director Patrick O'Claire, Community Development Director
Joe Grillo, Engineering Director Tom Ramisch, Operations/Maintenance Director Gary
Brentano, Library Director Ed House, Police Captain Wes Ervin and City Recorder Sue
Nelson.
CITIZEN COMMUNICATION:
Henry Kane, Beaverton, said he filed a letter with the City Recorder suggesting the
Council ask the Police Chief to submit a report on police incidents at D. K. Wilds adult
establishment. He said there were 41 incidents covering the period of 10:00 p.m. to 7:00
a.m. He said the decision of the Planning Commission had been appealed and he
believed this information was relevant to the Council’s decision on the appeal. He said
the Commission did not have that information and D. K. Wilds was not part of the
expert’s study. He said the Police Department conducted a sting operation at D. K.
Wilds resulting in eleven arrests for solicitation of prostitution in one-half hour, and the
transcript showed if they had more police and time, they could have arrested twice as
many. He noted background information from other cities was attached to the letter.
Coun. Soth noted this matter was on appeal and Kane would have the opportunity to
voice his opinion at the hearing. He stressed it was inappropriate for Council to discuss
this issue or receive information outside of the hearing process.
Kane said he understood. He said it would cost him an additional $410 to obtain the
reports; he already had spent close to $700. He said the material could be submitted by
the Police Chief at the hearing. He said he was not trying to influence the Council; he
hoped the relevant information from the Police Department would be submitted.
COUNCIL ITEMS:
City Council Minutes
August 18, 2003
Page 2
Coun. Stanton invited everyone to attend the “Picnic in the Park” Wednesday (August
20, 2003) at Hiteon Park at 6:00 p.m.
STAFF ITEMS:
Chief of Staff Linda Aldard explained the City was presenting a 30-minute video tape at
the Oregon State Fair on the Red Light Program. She noted the City was asked by
ODOT to join them as part of the program for the entire run of the fair. She said the tape
will run continuously, a staff person will be there about 25 hours over the ten days to
answer questions.
CONSENT AGENDA:
Coun. Doyle MOVED, SECONDED by Coun. Soth, that the Consent Agenda be
approved as follows:
Minutes of Regular Meeting of August 11, 2003
03188
Convert Community Development Block Grant Loan to Tualatin Valley Housing Partners
to Grant
03189
CPA 2003-0008 Corridor Multiple Use Comprehensive Plan Amendment
Contract Review Board:
03190
Contract Renewal for Intergovernmental Agreement Between the Portland Development
Commission (PDC) and the City of Beaverton for the Management of the Citywide
Housing Rehabilitation Program
03191
Contract Change Order - Authorization to Increase the Contract Amount and Time for
Geotechnical and Geoenvironmental Engineering Services for the Sexton Crest and
Haggen Grocery Store Developments
Coun. Stanton said she had one addition to the minutes; on Page 3, fifth full paragraph,
under Ed House’s comments, add “and circulation materials” to the last sentence.
Coun. Doyle said he had a small change to he minutes which he gave to the City
Recorder.
Question called on the motion. Couns. Bode, Doyle, Soth, Ruby and Stanton voting
AYE, the MOTION CARRIED unanimously. (5:0)
ACTION ITEM:
03192
City Objectives for Planning the Bethany Addition to the Urban Area (Resolution No.
3729)
City Council Minutes
August 18, 2003
Page 3
Mayor Drake explained this was not a public hearing but because there were citizens
who wished to speak on this matter, Council would allow three minutes testimony per
person. He noted written material was not received in advance except a letter from Mr.
Irvine and Mr. VanderZanden. He asked for a brief staff report.
Community Development Director Joe Grillo explained Council was considering the
adoption of a resolution establishing six planning objectives for the Bethany addition to
the Urban Growth Boundary (UGB). He said these objectives and Metro’s conditions
would be considered in any master concept planning. He said Metro recommended, and
LCDC upheld, the expansion of the UGB to include the Bethany area north of Springville
Road. He said the City decided not to take a position on whether or not property should
be included in the UGB, but decided if it did, the City was willing to govern it. He noted
many people testified on this issue including the 1000 Friends of Oregon. He said once
LCDC upheld Metro’s position, the City decided to meet with the 1000 Friends and Metro
to determine areas of concern and to assure broad planning principles were met if the
City accepted the planning assignment for the Bethany area. He noted the deadline to
file an appeal on the LCDC decision was September 6, 2003. He said staff felt the six
planning objectives, including affordable housing, were viable and achievable. He noted
an e-mail was received inquiring about schools. He said the Beaverton School District
adopted its 2002 Facilities Plan and its Long Range Facilities Planning Committee noted
this area as an addition and would make recommendations to the School Board by the
end of this year. He noted Metro would require adequate schools and parks in this area
be part of the master planning. He concluded the City expected other government
agencies, including the Park and School Districts to participate fully in this process.
Mayor Drake noted Beaverton had an extensive public involvement process and this
was the beginning of the process. He added the City had yet to receive an annexation
petition and asked if it was correct that the City would not initiate full-area planning
unless an annexation request was received.
Grillo replied that would be his recommendation.
Mayor Drake noted the County would not provide certain urban services and since that
process would be initiated when an annexation request was received, this action item
would be laying the ground work to start the process.
Coun. Soth asked if the School or Parks Districts had designated any of the property
they would like to acquire.
Grillo said he could not speak for either District, but he thought they would participate in
this planning. He said the School District closed on one site in the original Arbor Lakes
Development and probably additional sites would be needed.
Coun. Doyle asked what the procedure was for the planning process.
Grillo explained once a consultant was selected, a Planning Advisory Committee (PAC)
would be formed to advise the staff and the consultant. He said the process involved
several elements including schools, parks, land use and density. He noted there would
several open houses, it would go to the Planning Commission for a series of public
hearings and to Council for adoption. He said this would be an 18-to-24-month process.
City Council Minutes
August 18, 2003
Page 4
Mayor Drake asked for citizen testimony.
Mary Kyle McCurdy, Portland, attorney, 1000 Friends of Oregon, said the Friends were
pleased to support Resolution 3729. She said they worked diligently with staff, Metro
and property owners in Bethany to craft a framework for development in that area. She
said they believed this framework would result in a complete community, including mixed
uses, bicycle and sidewalk systems, transit services, and a variety of housing that would
include affordable housing. She stated Bethany presented the opportunity to
demonstrate how an area added to the UGB could be developed so that all members of
the community could afford to live there. She stated that 1000 Friends would be an
active participant in the concept planning process to ensure that all the objectives were
met. She said they believed with this framework the City had the opportunity to create
an outstanding community that would be the model for others. She concluded by noting
it was critical that this area integrate with the existing Bethany development and support
but not compete with the Bethany Town Center. She noted additional school sites were
needed.
Coun. Soth asked if a mixed use development would be a conflict.
McCurdy said she did not see a conflict. She said the issues were the scale and design
of the development; should it be a neighborhood center or a main street. She said it
should compliment existing uses.
Coun. Stanton asked about transit service.
McCurdy said that would be provided by TriMet.
Coun. Stanton said she understood that 1000 Friends needed to be satisfied that
planning for the Bethany area achieved certain objectives. She noted she was looking
at it as they would “strive to achieve” those objectives which was based on constraints
from the market and within service provision.
McCurdy said whether or not transit service would be provided was a TriMet decision in
conjunction with the City. She noted if the population was not there to justify a bus line,
it would not happen.
Jan Youngquist, Facilities Planning Manager, Beaverton School District, explained the
impact this expansion would have on the schools. She noted the estimated number of
dwelling units for this area ranged from 3,500 to 5,000. She said 5,000 units generated
3,550 students (2,000 elementary, 850 middle and 700 high school), which equated to
three new elementary schools, a new middle school and 1/3 of a new high school; the
District would have to compete with developers for very expensive land to build new
schools. She said the District would have to pass a bond measure to build these
schools and the passage of such a measure would not be assured. She noted the
District might be forced to bus the students to other schools in the district which would
defeat what this development would be trying to achieve.
City Council Minutes
August 18, 2003
Page 5
Youngquist continued by noting the School District had two specific concerns with the
proposed resolution. First, she said, the School District had not been included in the
discussion process regarding the planning objectives and it needed to be. Second, she
noted in Objective 6 the stipulation to “reduce overall demand for land for school sites.”
She said the District currently used co-location and had used it since the inception of
Tualatin Hills Parks & Recreation District. She noted that each school the District
constructed over the last decade was more than one story. She said that instead of
being constricted on site size, they needed to have flexibility to accommodate student
growth. She noted Westview High School had 19 portable classrooms to accommodate
enrollment growth until they were able to construct 16 additional classrooms. She
explained if the site had not provided that flexibility, they would have had to build another
school. She stressed the planners needed to take into consideration the number of
students the District had in its schools. She noted Westview High School had the same
student body size as Lincoln and Jefferson High Schools combined, Conestoga Middle
School had more students than Marshall High School in Portland, and Scholls Heights
Elementary School had more students than 13 of Portland’s 17 middle schools. She
stressed the schools effectively used their sites with density and they needed flexibility.
She said they would like to see the City work with the School District to ensure services
were provided; property needed to be acquired for schools in a cost-effective method
and that had to be addressed in the master planning process for the area.
Mayor Drake thanked her and noted he and the Council shared her concerns. He said
he had been a strident advocate for larger school sites because of the shared facilities.
He explained this was the beginning of the process to find common ground and the
School District would be a partner at the planning table.
Coun. Soth pointed out that nothing would be happening for three to four years; it would
take quite a while for the planning process to occur and then be implemented.
Coun. Doyle said he remembered the Scholls Project hearings and he complained about
the difficulties schools had acquiring land. He noted this was a top concern.
Coun. Stanton thanked her for coming and asked for a copy of her testimony.
Bruce Bartlett, Portland, Chair CPO 1, Cedar Mills/Cedar Hills area, said his personal
opinion was that annexation of this area by Beaverton was a necessary and positive
step forward. He suggested combining the traffic planning with Bonnie Slope Area 93 as
both these areas would end up using many of the same roads. He recommended
designating CPO 7 as the citizen group involved in reviewing the master plans and
development plans for the area, regardless of who would do the planning. He also
asked that CPO 1 be included in the Transportation Master Plan Update as that area
was significantly impacted, and that Washington County Committee for Citizen
Involvement (CCI) be designated as the group to coordinate citizen involvement since
multiple CPOs were affected. He asked that Beaverton School District not be forced to
use condemnation as its planning process. He concluded that this was the first major
interaction between the City of Beaverton and the citizens of CPO 1 and 7; it would set
the tone for future interactions and he hoped it would be satisfactory for all involved.
City Council Minutes
August 18, 2003
Page 6
Mayor Drake explained the City worked toward being more inclusive on citizen
involvement and had received good advice from Bob Tenner of the Washington County
CCI.
Pam McLean, Portland, Citizens for Beaverton Schools, asked that in looking at this
development Council consider two issues. First, she said, taxpayers were capped out.
She said she ran the phone banks for the local option levy and it was a huge job to ask
taxpayers to vote yes. She said they were impatient, there was frustration and she did
not see them coming forward with additional funds. She stated overcrowded classes
were the norm in Beaverton and the State would not provide the needed funds. Second,
she said as a parent of a former student of Findley Elementary School, every student in
the Beaverton School District was getting a substandard education. She asked that
everyone think about that.
Mayor Drake said it sounded like she thought Bethany should not come into the
boundary and unless it was successfully appealed, he thought it would come in. He
noted it still had to be planned.
McLean said she thought it needed to be planned slowly with careful consideration. She
noted the south part of the District needed another school already.
Sarah Maskoff, Portland, said she was a resident of Bethany. She said she believed
Beaverton planning the north Bethany area was a good thing. She asked that the City
not divide the Bethany community. She asked if the City would be willing to help them
with complete planning and a study to ensure that the existing Bethany and the new
Bethany area remained a whole and undivided community.
Mayor Drake explained the City welcomed annexation when the homeowners wished to
annex. He noted the County would like to see that area come into the City for
consistency in providing services. He said the City would help the citizens if they wished
to come into the City.
Coun. Soth asked where she lived in relation to the area under discussion.
Maskoff explained Graf Street was one block south of Springville Road immediately
south of the parcel being discussed.
Coun. Stanton explained there would be many meetings on this subject and citizens
would always be welcome to attend and speak, even if they were not at the table.
Coun. Doyle reaffirmed that the Council has always valued citizen input.
Christi Feldewerth, Beaverton, said she was concerned about the project and wanted to
know why the stakeholders who would be impacted by this project were not involved, i.e.
residents of Beaverton, Bethany and the School District. She noted the taxpayers in the
Beaverton School District should be highly involved in the process since they will be
asked to pay for the new schools. She urged that they all be included in the planning
process.
City Council Minutes
August 18, 2003
Page 7
Coun. Soth repeated this was just the beginning of the process; committees had not
been formed and nothing would happen in that area until the information was collected,
correlated and disseminated to the interested parties.
Mary Manseau, Portland, said she was a 21-year resident of Bethany and a member of
CPO 7 Steering Committee. She said CPO 7 was not opposed to development in the
north Bethany area, but they were opposed to planning for north Bethany without input
from their community. She said CPO 7 was concerned about the LCDC decision
regarding the UGB expansion into Bethany. She said CPO 7 was a party of record and
had the ability to file an appeal on the expansion; she said they might forego the appeal
if they were certain the planning for north Bethany achieved certain objectives and
followed certain guidelines. She stressed that any commercial development in north
Bethany needed to enhance rather than compete with the existing center and they did
not need two more struggling commercial areas in that community. She said they
supported the plan for more public spaces in Bethany; however, the existing town center
should be the location of government offices and the library and should serve as the
social gathering space for Bethany. She said they supported transit services for all of
Bethany and emphasized the need for complete infrastructure analysis. She said they
wanted Objective 4 to involve all of Bethany to ensure safe and complete pedestrian and
bicycle paths to the entire community and they needed to ensure the availability of multi-
modal commuter routes to employment areas to the south.
Maureen Barnhart, Portland, CPO 7, said the CPO supported the policy of schools and
parks sharing facilities, but they did not want to lose sight of the need for adequate open
space at the density proposed. She said they wanted the opportunity to express the
need for parks and open space to enhance their community. She said the CPO was
particularly concerned that: 1) The sewers were deep enough that the wetlands and
creek would not be impacted; 2) The interior street design directed traffic toward 185th
Avenue instead of Bethany Boulevard; 3) There be provisions for traffic calming in the
existing neighborhoods; 4) The transit center be at PCC Rock Creek rather than within a
village only serving north Bethany; 5) There be adequate analysis of the earthquake fault
line that bisects north Bethany; 6) That planning for north Bethany be integrated into the
existing area; and 7) That the people of Bethany be heard in the planning of north
Bethany. She asked that an advisory committee be established to oversee the
development of the Bethany concept plan.
Coun. Stanton said she was excited for the south Bethany residents as they would
participate in the planning process. She noted they were prepared and knowledgeable.
Dawn Bonder, Portland, noted this expansion would significantly impact the current
Bethany community and noted there had not been citizen involvement in the process.
She noted the planning for Bethany needed to be structured and suggested using
Metro’s Livable Communities Handbook to create a strong, viable community. She
stressed the need for citizen participation in the planning and that any plan be signed by
Metro, Beaverton and Washington County. She noted the need for an
intergovernmental agreement that defined the responsibilities of all government
agencies involved and provided for funding, timelines, planning and development. She
said they supported Metro’s Title 11 and strong efforts must be made to achieve a well-
balanced community.
City Council Minutes
August 18, 2003
Page 8
Coun. Soth repeated the process was just beginning. He confirmed Bonder lived in
unincorporated Washington County, south of the subject area. He asked if her point
was that north and south Bethany should be considered in the planning. He noted this
made the planning a bit trickier, since the County governed part of this area.
Bonder said they understood and that was why they were asking for an
intergovernmental agreement that outlined everyone’s responsibilities.
Mayor Drake asked how they felt about joining the city.
Bonder responded she didn’t have any information on what that would entail or
encompass. She said for a long time they had been told they would become a part of
Beaverton, especially with regard to the Tualatin Park District. She suggested annexing
all of the Bethany area should be studied before moving ahead with a master plan for
any of the area.
Mayor Drake explained this was a multiple-step process and the City could provide them
with that information.
Coun. Stanton noted the Council was receiving good information on the issues and
stakeholders involved in this annexation.
Coun. Bode said she appreciated Bonder’s comments and explained there was a lot of
information on the City’s Web site and she could call City staff as a resource. She asked
Bonder if she felt Bethany was built out.
Bonder replied she was not qualified to make that decision, but there were spaces for
infill and the commercial centers were not full.
Rachel Nettleton, Aloha, Chair Five Oaks Triple Creek NAC and CPO 7 Steering
Committee member, suggested making Bethany a separate school district. She noted
her concern that planning could not take place until the area was annexed. She
stressed development was already occurring in that area without a plan. She said she
felt someone was missing the boat and asked who was responsible for the
comprehensive planning. She added she came to support Mary Manseau and CPO 7,
and she agreed with their concerns.
Roy Kim, Portland, Central Bethany Development Company, said he supported much of
the testimony given this evening and he supported retaining the livability of the area. He
asked that Council not adopt the resolution as it would send the wrong message to the
residents of Bethany because the resolution had not gone through the process.
Coun. Soth asked Kim if he felt the resolution should be adopted after the planning was
done.
City Council Minutes
August 18, 2003
Page 9
Kim responded there was no need for a resolution. He said if annexation occurred and
development came, it would go through the system currently in place through
Beaverton’s Code. He said the objectives in the resolution were premature because
they were written without input from Bethany residents. He said they were sending a
message to the residents of Bethany that such a document could be adopted by the City
without citizen input.
Coun. Bode explained these were broad brush strokes of what this would look like and a
lot of thought and input went into that. She asked if he was questioning why the City had
not asked non residents of Beaverton to comment on this issue.
Kim replied that process would happen when the master planning process started. He
said these objectives were trying to start the process prematurely.
Coun. Soth explained there had been a lot of input on this and a lot of the process was
subject to State and Metro laws. He noted the six objectives fall in line with the process
and philosophies of 1000 Friends.
Kim said he had faith in the City’s process and the stakeholders would have their say.
He repeated he felt the objectives were premature and unnecessary; they would occur in
the City’s process.
Coun. Ruby noted Kim’s observation that the City was taking a stand on this issue was
correct. He added that part of this was that there was an appeal period for the
implementation of the UGB expansion and 1000 Friends looked at appealing the matter.
He noted the Friends looked at the City to give some proactive input that would alleviate
their concerns sufficiently so they would not have to appeal and not have a divisive
struggle for this property. He explained that adoption of the objectives was a proactive
measure to bring groups together and support the important work of 1000 Friends.
Kim said he felt the City Council was trying to accommodate 1000 Friends and others,
but not the current residents.
Mayor Drake noted Kim had a development and a key financial investment in Bethany.
He noted there were many people at the table who had input in this issue; potential
investors, representatives for current property owners north of Springville, housing
advocates, Metro and 1000 Friends. He said everyone was keenly aware Kim was
keeping an eye on this area. He explained these objectives should indicate that the City
was willing to sit down with disparate interests and work to find common ground. He
stressed that the real work was not the objectives; the real work would begin from this
point forward. He noted the Council would not shirk its responsibility towards citizen
involvement. He noted there were times when Council had the authority to make
preliminary decisions; this resolution would be a framework.
Jim Heidenrich, Portland, said he supported the annexation of the north Bethany area.
He asked that the resolution include language which would obligate seats on the
planning committees for CPOs 1 and 7.
Mayor Drake said he felt that was premature and he was confident the CPO’s would
probably have a seat at the table.
City Council Minutes
August 18, 2003
Page 10
Susan Nolte, Portland, said she lived in the area for 16 years and her main concern was
the lack of coordination between the players in the area, particularly with regard to safe
access from PCC to the Town Center; the pedestrian/bicycle path to the newer
commercial center at 185th Avenue and West Union was unsafe. She said she would
like to see improvements for safety in this planning process.
Mayor Drake explained this would be a tough process with multiple jurisdictions; funding
issues and owners who do not wish to develop their properties.
Tom VanderZanden, Portland, said he had a relative who has property in the area and
the endeavor to bring all parties together was the best way to do this. He agreed that
planning for growth would be best and the sum of these efforts would be much better
than if it was not done. He applauded the Council and City for their efforts.
There was no one else who wished to testify.
Coun. Doyle said he was comfortable with the resolution. He said he was impressed
with the affordable housing component and it was an important feature. He noted the
objectives were guidelines and changeable. He assured everyone that the citizens from
Bethany would have a role and opportunities to speak in the process.
Coun. Soth MOVED, SECONDED by Coun. Ruby that the Council approve the
Resolution Establishing the City Objectives for Planning the Bethany Addition to the
Urban Area.
Coun. Soth acknowledged the considerable interest heard on this issue and noted the
necessity for this type of planning on a broad scale. He stressed the agencies in
Washington County had the reputation of working together on various issues and he felt
these objectives provided a good guideline for development in this area.
Coun. Stanton said she would support the motion and she appreciated everyone’s
testimony. She stressed that planning needed to be done ahead of time and planning
was always better than not planning. She noted these were objectives and not goals, so
they could change. She said the “intact community” would be one of the issues studied
and she assured everyone that Beaverton School District would have a seat at the table.
She explained that while the planning will involve the stakeholders, the City could not
pay for all improvements. She advised everyone that the planning process had a two-
year window, per Metro requirements.
Question called on the motion. Couns. Bode, Doyle, Ruby, Soth, and Stanton voting
AYE, the MOTION CARRIED. (5:0) (Resolution No. 3729)
ORDINANCE:
Suspend Rules:
Coun. Soth MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that
the ordinances embodied in Agenda Bills 03193, 03194, 03195 and 03196 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. Bode, Doyle, Soth, Ruby and Stanton voting
AYE, the MOTION CARRIED unanimously. (5:0)
City Council Minutes
August 18, 2003
Page 11
First Reading:
Scheiderich read the following ordinances for the first time by title only:
03193
2003 Omnibus Development Code Omnibus (TA 2003-0003) (Ordinance No. 4265)
03194
An Ordinance Amending Ordinance No. 4187, Figure III-1, The Comprehensive Plan
Land Use Map and Ordinance No. 2050, The Zoning Map for a Portion of Property
Located at 4985 SW Laurelwood Avenue; CPA 2003-0002/ZMA 2003-0002 (Ordinance
No. 4266)
03195
An Ordinance Amending Ordinance 4187, Section 3.14 Matrix and Figure III-6; CPA
2003-0008 Corridor Multiple Use Comprehensive Plan Amendment (Ordinance No.
4267)
03196 An Ordinance Amending the Zoning Map as to Twelve Properties Generally
Located Along SW Murray Boulevard South of Osprey Drive, ZMA 2003-0010
(Ordinance No. 4268)
ADJOURNMENT
There being no further business to come before the Council at this time, the meeting
was adjourned at 8:30 p.m.
______________________________
Sue Nelson, City Recorder
APPROVAL:
Approved this ________ day of ______________, 2003.
__________________________________
Rob Drake, Mayor
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