BEAVERTON CITY COUNCIL
REGULAR MEETING
JUNE 16, 2003
CALL TO ORDER:
The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob
Drake in the Forest C. Soth Council Chambers, 4755 SW Griffith Drive, Beaverton,
Oregon, on Monday, June 16, 2003, at 6:30 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, City Attorney Mark
Pilliod, 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, Transportation Engineer Randy
Wooley, Beaverton Arts Commission Director Jayne Scott, Deputy City Recorder
Catherine Jansen and City Recorder Sue Nelson.
PRESENTATION:
03133
Presentation – Beaverton Arts Commission Annual Awards
Beaverton Arts Commission Director Jayne Scott presented the Commissions 2003
Annual Award Winners for outstanding achievement in the arts, as follows:
Whitney Reasoner, Native American Dancer, Orenco Elementary;
Paula Wilkinson, Visual Artist, Pacific Academy;
Stanford Scriven, Visual and Performing Artist, Conestoga Middle School;
Rachel Coyle, Visual Artist, Conestoga Middle School;
Leslie Richmond, Flutist, Beaverton High School;
Thara Memory, Outstanding Art Educator, Arts and Communication Magnet Academy;
Carla Ueki, Arlen Fromer and Judy Chown, Outstanding Contribution to Arts Education
Eric Chavez, President’s Award
Elizbieta Craig, Outstanding Contribution to the Arts
Beaverton City Council
June 16, 2003 – Minutes
Page 2
Bethany Frame Central and Oregon Hotspring Spas, Outstanding Art Sponsors
Tualatin Valley Television and Rasika India Arts and Culture Council, Art in the
Community Award.
Whitney Reasoner performed a Native American Dance and Aditi Pradeep performed a
classical dance from South India, for the audience.
Coun. Stanton said she looked forward to this presentation every year and noted the
young adults did such a good job.
Coun. Doyle also thanked them. He noted many people appreciated all the art in the
community and he marveled at the talent.
03134
Presentation on the Beaverton Police Citizens Academy
Police Captain Wes Ervin introduced Police Volunteer Jim Groves and gave an overview
of the Beaverton Police Citizens Academy. He explained the Academy was formed in
1993 to educate citizens about law enforcement issues and the functions of the Police
Department. He noted the classes were conducted for ten weeks and were taught by
police officers and civilians with specialized expertise. The three-hour classes met weekly
and covered a variety of subjects: patrol, canine units, street gangs, and crime prevention.
He said the 24th Annual Academy was just completed; there were 461 citizens who had
completed the course. He said the 25th Academy would begin September 18 and was
open to all citizens; anyone interested should contact Sue Hayes in the Police
Department.
Police Volunteer Jim Groves gave a Power Point presentation explaining the Citizens
Academy.
Coun. Stanton said she was in the 2nd Academy and it lasted for nine weeks. She asked
what has been added since she completed the course.
Ervin noted it was periodically modified to keep it up to date.
Mayor Drake and Coun. Stanton thanked them for the excellent presentation.
03135
2003 Beaverton’s SummerFEST Parade Theme Winner
Leslie Mundt, Parade Committee Chair, said this was the third year the Committee asked
the citizens to name the parade theme. She noted this year the event name was changed
to Beaverton’s SummerFEST. She introduced Glen York, this year’s theme winner “Magic
in the Air.” She said York would ride in the parade.
York explained how he thought of the theme and entertained everyone with a magic trick.
Mundt invited everyone to come to the parade on July 19, 2003.
CITIZEN COMMUNICATION:
Beaverton City Council
June 16, 2003 – Minutes
Page 3
Hal Ballard, Portland, talked about the B.I.K.E. Task Force and how it evolved into an
advisory committee for bicycle and transportation projects in the City, Washington County
and Metro regions. He noted the Parks District Trails Committee was holding its third
annual Cold Stone Creamery Tour on Saturday, July 19, 2003 and invited everyone to
participate. He said he recently attended the Bicycle Education Leadership Conference in
Portland and there was much emphasis nationally on developing safe routes to schools
and projects that would remove obstacles that prevented children from walking or bicycling
to school. He noted many children went through the bicycle training course given by the
Bicycle Transportation Alliance.
Ballard also noted the B.I.K.E. Task Force would be applying for an education grant to
teach adults bicycle safety. He said the City would provide matching funds for the grant
through classroom use at the Beaverton Resource Center. He said they were also
working on a bicycle parking guide for business owners and developers. He noted that in
2002 Beaverton was graded “C” by the Bicycle Transportation Alliance and two weeks ago
the City received a Bronze Award for being a Bicycle-Friendly Community. He noted this
reflected what the City had accomplished to improve bicycle transportation. He said it was
his goal to raise the City’s grade to an “A.”
Coun. Soth said he hoped the adult education included encouraging adults to educate
their children about bicycle safety.
Ballard said that was his intent.
Coun. Stanton said she appreciated that he consistently worked for improvement and
thanked him for his work and the work of the Task Force.
Coun. Doyle asked if there were any groups working to obtain bicycles for the students at
Vose Elementary.
Ballard said it was not being done actively, but he would check into it.
Henry Kane, Beaverton, submitted to Council a letter concerning the 114th Avenue
Redevelopment Plan and noted the Planning Commission was considering the Plan on
June 19, 2003. He said he felt the Plan was unnecessary and would do a lot of harm to
the businesses. He said he hoped the Planning Commission would refer this back to staff
and that it be brought back as two separate hearings, with the redevelopment plan heard
first. He stated the cross street was unnecessary and would cost several million dollars.
He said this would affect major businesses in the area and repeated it was not needed.
COUNCIL ITEMS:
Coun. Soth reported on the meeting of the National League of Cities Fair Steering
Committee. He noted three issues discussed were important to local jurisdictions. First,
the failure of some jurisdictions to fulfill the requirements of voluntary interim disclosures
(financial and budget information) was of concern to many. Second, he said there was a
Federal act being considered which would void all terrorism insurance exclusions currently
in force on commercial property and casualty policies of participating insurers. He said all
insurances would be preempted by this bill to the extent that such exclusions eliminated
coverage for certified acts of terrorism as covered by the Federal program. He noted this
Beaverton City Council
June 16, 2003 – Minutes
Page 4
would have a huge impact on local governments and needed to be watched closely.
Third, he said they discussed local sales tax on Internet transactions. He noted many
states were in financial difficulties due to the loss of sales tax revenue from Internet sales.
He noted this did not affect Oregon but it might someday.
Coun. Stanton announced the City was holding its annual “Picnic in the Park” for the
Raleigh West, West Slope and Whitford neighborhoods on Wednesday, June 18th at 6:00
p.m., at Camille Park.
STAFF ITEMS:
Chief of Staff Linda Adlard reported both of the City’s bills were signed by the governor
(Economic Development and Photo Red Light); they would become law in January.
CONSENT AGENDA:
Coun. Doyle MOVED, SECONDED by Coun. Soth, that the Consent Agenda be approved
as follows:
Minutes of Regular Meeting of May 5, 2003, May 12, 2003, June 2, 2003, and the Special
Meetings of May 20, 2003 and May 22, 2003
03136
Liquor License Applications (Du Kuh Bee Restaurant; Cost Less Foods)
03137
Liquor License Renewal (Stars Cabaret & Steak House)
03138
Approval of Amendments to the By-Laws of the City of Beaverton B.I.K.E. Task Force
03139
Management and Non Represented Employee Compensation Adjustments
03140
Establish New Senior Engineer Classification
03141
Authorize Amendment to Intergovernmental Agreement with Washington County
Cooperative Library Services Regarding the Provision of Telephone Reference Service
03142
Authorize Amendments to Intergovernmental Agreements with Washington County
Cooperative Library Services
03143
APP 2003-0001 Sunrise at Cooper Mountain Planned Unit Development Conditional Use
Permit (CUP 2002-0004)
03144
APP 2003-0002 Sunrise at Cooper Mountain Tree Preservation Plan (TPP 2002-0005)
03145
APP 2003-0003 Sunrise at Cooper Mountain Subdivision (SB 2002-0012)
Contract Review Board:
03146
Contract Award for Professional Services for Washington Square Regional Center
(WSRC) Implementation and Approve a Transfer Resolution to Augment Existing Funds.
(Resolution No. 3722)
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June 16, 2003 – Minutes
Page 5
03147
Consultant Contract Award – Engineering Services for Bel Aire Creek (Blakeney Pond
Area) Drainage Study
03148
Consultant Contract Award – Engineering Services for Selected Eastside Basins Drainage
Study
03149
Appointment of Bond Counsel and Financial Advisor Services for the Proposed Advanced
Refunding of the 1994 and 1997 Water Revenue Bond Issues
Coun. Stanton thanked staff for answering her questions.
Coun. Doyle congratulated staff for the work on Agenda Bills 03143, 03144 and 03145.
He said it was well done.
Coun. Bode said she would abstain from voting on the May 12, 2003, minutes.
Question called on the motion. Couns. Bode, Doyle, Soth, Ruby and Stanton voting AYE,
the MOTION CARRIED unanimously. (5:0) Coun. Bode abstained from voting on the
minutes of May 12, 2003, as she was not at the meeting.
RECESS:
Mayor Drake called for a brief recess at 7:35 p.m.
RECONVENED:
Mayor Drake reconvened the meeting at 7:45 p.m.
PUBLIC HEARING:
03150
Appeal Hearing on Traffic Commission Issue TC 500 Regarding Left Turn Restrictions on
SW Greenway at the Driveway Near Hall Boulevard
Mayor Drake announced the public hearing and asked if staff wanted to add anything to
the staff report or if there were Council questions.
Transportation Engineering Randy Wooley noted a map of the Greenway/Hall intersection
posted on the wall (page 51 of record). He said Coun. Stanton asked for the collision
history of the driveway on Hall Boulevard from the Albertson’s parking lot. He reported
from 1999 to 2001, two accidents were reported there; one involved a left turn and the
other a rear-end collision; both were between the hours of 5:00 p.m. and 6:00 p.m.
Mark D. Whitlow, Perkins Coie, attorney for Albertson’s (appellant), introduced James
Spitzer of Albertson’s and Brian Dunne, Traffic Engineer, Kittelson & Associates. He
reviewed their efforts to find a permanent solution for the infrastructure improvements and
noted there were several physical, financial and planning roadblocks. He said additional
data was collected which lead to a third interim solution they were asking Council to
consider; he said this was the staff recommendation. He thanked staff for their help.
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June 16, 2003 – Minutes
Page 6
Brian Dunne, Traffic Engineer, Kittelson & Associates, Portland, referred to Exhibit 5, page
47 of the record, and the map on the wall. He introduced new evidence to the record, that
was new data Kittelson obtained by conducting video surveillance of the first driveway off
Greenway Drive entering Albertson’s. He said the video surveillance was setup from 6:00
a.m. to 8:00 p.m. on a Wednesday, to capture the left turns into the site access, to
determine how to treat left turns in the future. He said that the results of the survey were
shown on Table 1, page 48, of the record. He said they also collected information on the
maximum queue length. He noted the maximum queue length occurred around 6:15 p.m.
and was nine vehicles. He noted the vehicle queue extended back to the crosswalk at
Hall Boulevard.
Dunne explained the surveillance results indicated a more effective window for restricting
left turns was from 3:00 p.m. to 7:00 p.m., using signage only. He said the other hours
had not required a posted left-turn restriction. He said they looked at four options and
went with Option 1 in the staff report, to post signs on Greenway restricting left turns
between 3:00 p.m. and 7:00 p.m., for all days of the week. He noted Albertson’s delivery
trucks could be diverted from that time period. He noted Option 1 had a nominal cost and
they could monitor the conditions for six months, after which the Council could make a
final decision on the effectiveness of the posted restrictions.
Dunne reviewed the three other options they considered (in staff report). He said that to
construct a left turn pocket would be costly ($220,000) and neither the City nor Albertson’s
had funds to do this. He said Albertson’s should not have to bear the full cost of
improvements (as other properties also benefited) and if full street improvements were
required, the cost would be much higher. He noted the third option to relocate the
driveway resulted in the removal of parking stalls and a traffic bottleneck of cars, delivery
trucks and pedestrians at the front entrance of Albertson’s. The fourth option of closing
the driveway and having a shared access with the neighboring residential development
also created a traffic bottleneck at the front of Albertson’s and created a mixture of
commercial and residential traffic at that driveway which was not desirable. Based on
these options, he said they were requesting posted left turn restrictions from the hours of
3:00 p.m. to 7:00 p.m. and that a sign be posted on Hall Boulevard (east) that said
“Access to Albertson’s use Hall Boulevard.” He said they considered limiting the
movements at that driveway with a median, but that made left turns out of Albertson’s
impossible. He asked that Council approve the signage and monitor the conditions to
determine its effectiveness. He stressed they wanted to work with the City on the solution.
Coun. Soth noted that during the Traffic Commission’s hearing, they mentioned the
difficulty of maneuvering the large delivery trucks if they had to come in off of Hall
Boulevard to access the Albertson’s loading area. He asked how large were the trucks
turning into Albertsons.
James Spitzer, Sr. Real Estate Manager, Albertson’s NW Division, Portland, explained
most of their trucks were 53 feet.
Coun. Ruby referred to the Kittelson letter dated May 27, 2003, (pages 47-50). He said
he was puzzled that the cost of $220,000 was not feasible for Albertson’s or the City. He
said that was a modest amount for a road improvement and he was not confident signage
would take care of the problem. He asked what the obstacles were to coming up with the
funding.
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June 16, 2003 – Minutes
Page 7
Dunne replied the $220,000 cost was an estimate of the minimal improvement. He noted
that meeting the City’s full design standards and rebuilding the traffic signal were not
included in the estimate. He said widening Greenway required rebuilding the traffic signal
that was recently updated. He stressed the cost could be much higher and there were
uncertainties in that variances were needed on the City’s street standards.
Spitzer explained that with a remodel the budget was smaller and had not included off-site
improvements. He said if there was a way to partner with the City for fifty percent of the
cost, they could take that to their management.
Dunne said they were asking Council to consider testing the signage because they felt it
would work. He said they talked to the Transportation Engineer about implementing this
test for six months. He said having this access was crucial to their business and if the
restriction was not effective, they were willing to entertain other options.
Engineering Director Tom Ramisch explained funding for this improvement came from the
Street Fund and there were no extra funds in that account in the near term.
Coun. Ruby asked if they could declare an emergency to get the funding.
Mayor Drake said if that was the Council’s wish, he recommended taking testimony tonight
and having the discussion, then allowing staff to come back with a firmer definition of
costs. He noted he thought the estimated cost was soft.
Coun. Bode asked who came up with the sign idea.
Wooley explained the idea of the left turn restriction during certain hours was initiated from
staff.
Coun. Bode said she felt this idea could have been resolved at the Traffic Commission
level if everyone had stayed at the table long enough. She said she felt it was worth
trying.
Coun. Stanton asked if the $220,000 estimate included design engineering.
Dunne replied it did.
Coun. Stanton asked if the queue for the left turn lane could be 200 feet, instead of 250
feet, to bypass the traffic signal controller.
Dunne pointed out on the map (page 51) the southeast corner had not changed; the
estimate was based on the controller remaining in place. He said they started with a zero
width which gradually transitioned into the left turn pocket. He noted the dashed line was
the existing road and the solid line was where the new road would be; it resulted in a
sharper turning radius on the corner for the northbound right turn onto Hall Boulevard. He
said the controller would have to be moved if the improvement was consistent with full
design standards.
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June 16, 2003 – Minutes
Page 8
Coun. Stanton said on page 6 that staff noted in the collision records there were five
accidents and only one occurred in the 4:00 p.m. to 6:00 p.m. time period. She asked if
staff knew at what time the other collisions occurred.
Wooley replied they were throughout the regular day.
Coun. Stanton asked if only one of the accidents was during the p.m. peak, and the other
was during the day, why would having the restriction only during the p.m. solve the
problem of collisions.
Mayor Drake noted stores were very busy from 3:00 p.m. to 7:00 p.m.
Dunne replied that it was the combined effect of being very busy between those hours and
traffic on adjacent streets was at its highest. He noted accidents occur everywhere; it was
human behavior.
Coun. Stanton noted in the April 3rd minutes, Spitzer spoke about the speed humps
installed in the parking lot. She asked if he investigated the history of the speed humps
and what was the conclusion.
Spitzer replied the speed humps were installed in 1999 at the City’s request. He noted
they were a tripping hazard for pedestrians and could be a maintenance problem. He said
they determined the speed humps were definitely needed at this store and would remain
through the remodel.
Coun. Stanton asked if Albertson’s management had any discussion about modifying the
speed humps; making them more like a table instead of a hump.
Spitzer said he could ask about that as part of the remodel.
Coun. Stanton said she agreed with Traffic Commissioner Crocker. She said she had not
seen Albertson’s come up with anything creative, though they did research the ideas that
came up. She said this was her grocery store and she wanted Albertson’s to stay there
and be successful. She noted Albertson’s had to be responsible for being there also and
she was concerned that in the widening the white oak tree would not survive.
Spitzer explained they researched the options and there was consensus with City staff
that the restriction was the next step. He noted the surveillance tape showed the peak
time for traffic for the store was from 3:00 p.m. to 7:00 p.m. He said this same solution
was used in Houston, Texas, where it appeared to work effectively. He said that if the
cost for the signage was reasonable, Albertson’s would pickup the tab if they could.
Coun. Stanton asked if Albertson’s was planning to do a more visible monument closer to
the Hall Boulevard driveway.
Spitzer replied it might be possible. He said he would ask Albertson’s staff about that.
Coun. Stanton noted on Table 1 (page 48) on the southbound left turn vehicle queues;
there were 22 incidents of recorded queues between 6:00 p.m. to 7:00 p.m. She asked
how many cars made up a queue.
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June 16, 2003 – Minutes
Page 9
Dunne said one car having to stop was a queue. He said 90% of the incidents happened
between 6:00 to 6:30 p.m. He said the video camera was posted towards the access.
Coun. Stanton said it was difficult trying to turn there.
Coun. Soth asked Dunne if he looked at the $220,000 cost analysis from the standpoint of
curbs and pavement.
Dunne said that was correct. He said a contingency factor (30% to 40%) was built in for
such things as relocation of utilities and the signal.
Coun. Soth noted if the traffic signal required major modifications it could be expensive.
Dunne explained a new signal would cost about $150,000 to $200,000; relocation would
be a fraction of that. He added if widening was done, there would be other issues to
consider including a retaining wall on the Albertson’s site and variances.
Coun. Doyle referred to the surveillance tape and asked how often there was more than
one car attempting to turn left into the driveway.
Dunne said he saw only one instance where two cars in a row made a left turn.
Coun. Doyle asked about the economic impact on the store if the left turn was never
allowed.
Spitzer replied that in the past they saw a significant loss in sales when access was
removed from a store. He said he would need to look at empirical data to determine the
loss. He confirmed more than 5% was a significant loss.
Coun. Doyle asked staff to review the collision history.
Wooley explained that over the 1999-2001 period, at the driveway on Greenway Drive
there were five collisions and on the Hall Boulevard driveway there were two.
Coun. Doyle confirmed the five collisions were heading east on Greenway Drive.
Coun. Doyle said how many collisions there were in the other direction.
Wooley explained they looked at all the reported collisions at the Greenway driveway and
came up with five. He noted sometimes accidents occurred and never were reported.
Coun. Bode said she was ready to close the discussion.
Mayor Drake opened the public hearing and asked for public testimony.
K. Robert Crocker, Beaverton, Greenway area resident, said he shopped at Albertson’s
and drove through that intersection at least four times a day. He said he had been a
resident for twelve years and had watched the traffic increase greatly. He said at one of
the last meetings he heard 27,000 motorists made that turn within a 24-hour period. He
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June 16, 2003 – Minutes
Page 10
said he thought a 14 hour review of that intersection was not adequate. He said he saw
tremendous traffic lines develop to make left and right turns off of Hall onto Greenway. He
said it was a dangerous intersection if you were driving eastbound on Hall and tried a right
turn onto Greenway because there was no visibility until you actually made the turn and it
was downhill. He said he knew there were accidents that were not reported. He stressed
this was a major bottleneck and it was the only intersection available for Greenway
residents to come out onto Hall. He noted that many drivers were not conscientious which
made the intersection very dangerous. He said all the residents who testified at the Traffic
Commission were in favor of prohibiting left turns; there weren’t any residents in that area
in favor of the left turn.
REBUTTAL:
Whitlow stated there was no doubt there was a traffic problem there; traffic had increased
as a result of the success of the community. He noted everyone needed to work together
in a public/private situation to find a solution. He said it was not just a result of Albertson’s
business the traffic had increased and it could not be left to Albertson’s to fix the situation.
He said they could participate in the solution on a proportionate basis. He noted if bicycle
and turn lanes were required, right-of-way would have to come from both sides of the road
to align the intersection. He noted if full improvements were required the intersection
would have be reworked; this would cost half a million dollars and should involve
everyone. He stressed they felt the signage was worth a try. He urged Council to
consider staff’s recommendation.
Coun. Stanton said the statement that the increased traffic was a result of the success of
the community was a good comment.
Mayor Drake noted legally the City could not put the responsibility for an improvement on
just one party when there was shared responsibility. He suggested if Council felt it was
pertinent in making a decision on the signage, or making this a project, it was advisable to
ask staff to get a better cost estimate. He added if this became a project, key property use
decisions would have to be made. He noted this project was not in the Capital
Improvement Plan and, if added, it might change the priority of other projects.
Coun. Soth said he saw the opportunity to do both. He said getting a detailed analysis on
the project would take time. He suggested setting up the six-month restriction during
which time the analysis could be done.
Coun. Bode noted at the rate of 27,000 cars per day, over three years that would be 29
million cars. She noted a solution would take four or five variances. She suggested going
back to the City’s long range plan; to put funding into completing the 125th Avenue Project
to remove the traffic from Greenway and Hall. She said she felt the signage should be
done and it was a three party deal public, private and residential. She felt the City should
then complete 125th Avenue.
Coun. Doyle said the livability of a neighborhood and the success of a business which
adds to the livability, were important to him. He said if this solution was applied to this
case, he knew other areas in town that needed signage and speed limits such as at
Safeway at Murray Boulevard and Allen Boulevard. He noted that site bothered him more
as there had been fatalities there.
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June 16, 2003 – Minutes
Page 11
Mayor Drake noted Council approved applying for a State grant for work on the Murray
and Allen intersection. He noted Hall started only as a bike lane improvement and the
Board of Design Review made it a major project.
Coun. Stanton said at the Traffic Commission hearing in December, she mentioned the
City had experienced the restrictions on left turn lanes for specific times (Hall Boulevard
ramp to Highway 217). She noted before the lights were installed, for five hours each day
you could not get onto Highway 217 from Hall. She said she appreciated the staff
recommendation to expand the hours to 3:00 p.m. to 7:00 p.m. She pointed out that
during the summer they lose about 15% of the drivers in that area. She said she was not
sure that Albertson’s worked as hard as they could up front, to think these things through.
She noted they got more information from Albertson’s after the April decision. She said
she felt the City should do the 24-hour restriction now until another solution could be
brought forward by City staff and Kittelson. She said her biggest concern was safety and
she agreed with Coun. Soth that both the restriction and the analysis could be done now.
She said she supported having a 24-hour restriction and coming back in six months or
less with another plan.
Coun. Ruby said he was persuaded that the partial-hour restriction for six months
deserved a try. He noted the staff recommendation in the May 28, 2003, memorandum
from Randy Wooley directed staff to report back to Council after that six month period. He
said he was concerned about the possibility of confusion for drivers and asked that
responses from motorists be part of the report that comes back to Council.
Mayor Drake reminded Council that if they went with the six-month trial period for
restricted hours, by the time staff did the analysis of the project, construction would not be
sooner than late spring or summer of next year. He added there was no short-term fix for
increasing capacity at that intersection.
Coun. Stanton said she did not want to increase capacity; she wanted it to be safer.
Coun. Bode noted they were discussing vehicular flow of drivers using Greenway as a cut
through. She said by focusing on the turn lane, they were not finding an answer for those
drivers. She stressed the Council needs to look at the long-term plan and what will
happen to 125th Avenue. She said this was a Band-Aid approach. She said she wished
the Council would consider this appeal and note this is just one instance. She said the
bigger issue was the growth and they needed to look at the long-term plan and deal with it
under another topic and budget cycle.
Mayor Drake closed the hearing.
Coun. Soth MOVED, SECONDED by Coun. Doyle, that Council grant the appeal on
Agenda Bill 03150 on the Traffic Commission Issue TC 500 Regarding Left Turn
Restrictions on SW Greenway at the Driveway Near Hall Boulevard, with the conditions
that the staff recommendations made in the second and third paragraphs of the
Transportation Engineer’s memorandum of May 28, 2003, be included and with the
condition that staff, during the six-month period, analyze the cost of the left turn lane that
was the subject of discussion this evening, and bring that back to the Council in six
months or before.
Beaverton City Council
June 16, 2003 – Minutes
Page 12
Coun. Bode asked for clarification on the motion regarding analyzing the roadway.
Coun. Soth explained he was asking for an analysis on the feasibility and cost of the left
turn lane.
Coun. Bode asked if the motion could be amended to ask staff to look at the feasibility of
easing the traffic congestion in that whole neighborhood.
Coun. Soth responded that was beyond the subject of this hearing.
Mayor Drake advised enough work was already done that staff could finish the analysis
within six months and develop a reliable estimate. He noted in six months the Capital
Improvement Plan budget would be prepared and there would be time to incorporate a
project into the budget if desired.
Coun. Bode asked when the signs would go up and handbills sent out.
Mayor Drake noted it would go into effect in about 30 days; the signs could go up
immediately.
Mayor Drake asked Coun. Soth if the motion was to grant the appeal and, from Wooley’s
memorandum of May 28, 2003, that staff follow the first two bulleted items under staff
recommendation and come back with a modified version of the third bulleted item to look
specifically at the left turn lane.
Coun. Soth confirmed that was correct.
Coun. Stanton said she appreciated Dunne’s conclusions on page 50 of the staff report.
She noted he offered to have Albertson’s included in the monitoring and asked if that
could be included in the motion.
Coun. Soth said he was sure staff would seek Albertson’s comments and they did not
need to be mentioned in the motion.
Coun. Bode said she thought it was in the best interest for all parties to talk and she felt it
should not be mandated.
Coun. Stanton said she would not support the motion. She noted all the testimony from
the public was for the 24-hour restriction and she was not sure the restricted hours would
work.
Coun. Doyle said he read through the testimony more than once and it did move him. He
said this was a compromise and a start.
Question called on the motion. Couns. Bode, Doyle, Ruby and Soth voting AYE; Coun.
Stanton voting NO, MOTION CARRIED. (4:1)
RECESS:
Beaverton City Council
June 16, 2003 – Minutes
Page 13
Mayor Drake called for a brief recess at 9:18 p.m.
RECONVENED:
Mayor Drake reconvened the meeting at 9:30 p.m.
03151
FY 2003/04 through 2006/07 Capital Improvements Plan for Transportation, Water,
Sewer, and Storm Drain Projects
Ramisch gave a brief report on the Capital Improvements Plan and noted these project
were in the FY 2003/04 Budget. He explained the Final Draft Plan was reviewed by staff
and several external groups, including the Budget Committee, Planning Commission,
Committee for Citizen Involvement, NAC Chairs, Board of Design Review, Traffic
Commission and the Development Liaison Committee. He said the comments received
were incorporated into the document.
Coun. Stanton asked about Project 3158, the 125th Avenue Extension. She noted in the
project data it was shown as 3158A and 3158B, but the financial plan only showed 3158A.
Project Engineer James Brink explained that 3158A ($75,00) and B ($925,000) added up
to what was in the financial plan. He added 3158A had been bid and awarded, and
construction should start soon.
Coun. Stanton asked about the closure for construction.
Ramisch explained the lane closure would be 30 days (late July through late August);
also, there would be lane restrictions apart from that. He noted construction would start in
two-three weeks and it would take about six months to complete. He explained 3158B
was the wetland mitigation and that was part of the study approved earlier for the
Blakeney Pond area. He said they expected to do the wetland mitigations next spring.
Brink explained once the Blakeney Pond Study was completed, the final scope of the
project could be determined.
Mayor Drake opened the public hearing.
Bob Tenner, Beaverton, complimented the City on Project 5012, the Safety Improvements
to Murray Boulevard, South of Allen. He noted the total estimated project cost was
$140,000 and the first budgeted year was Fiscal Year 1999. He said it took five years to
get to this point and the Highland NAC was very happy the project was coming up.
Mayor Drake credited Safeway and the property owner who contributed to the match for
this project; they too were concerned about the intersection.
Coun. Stanton said she was pleased this project was going forward.
No one else wished to testify.
Mayor Drake closed the public hearing.
Beaverton City Council
June 16, 2003 – Minutes
Page 14
Coun. Stanton MOVED, SECONDED by Coun. Soth, to approved Agenda Bill 03151, the
FY 2003/04 through 2006/07 Capital Improvements Plan for Transportation, Water, Sewer
and Storm Drain Projects.
Coun. Stanton said she especially appreciated the work done on the CIP for water and
sewer.
Mayor Drake agreed and complimented staff for their excellent work.
Question called on the motion. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE,
the MOTION CARRIED unanimously. (5:0)
03152
A Resolution Adopting a Budget for Fiscal Year Commencing July 1, 2003
Finance Director Patrick O’Claire said Agenda Bill 03152 reflected the budget approved by
the Budget Committee at its May, 2003, public hearings. He noted since then, there were
Council actions that needed to be included in the budget. He said the budget needed to
be amended to incorporate those actions, as follows: 1) Agenda Bill 03132, OPEU
Contract Negotiations; 2) Agenda Bill 03139, Non Represented Employees Fiscal
Adjustments; and 3) Agenda Bill 03140, Establishment of New Senior Engineer
Classification.
Coun. Soth asked if there were any significant changes from the budget considered at the
Budget Committee hearings, other than the three changes just noted.
O’Claire replied there was not and these changes did not change the budget appropriation
amount, as they were only appropriating funds already budgeted in contingencies.
Mayor Drake opened the public hearing.
Harry Bodine, Chair, Cedar Mill/Bethany Library Service District Citizen Planning
Committee, gave Council financial information he prepared on the Beaverton Library. He
thanked Mayor Drake for his letter of June 16, 2003, regarding library service district
matters. He said in the letter the Mayor stated that upon annexation of territory in the
Cedar Mill/Bethany area, the “City will become the provider of library services in the area”
and “if the residents of the Cedar Mill/Bethany area desire improved library service within
their community, we suggest they consider annexation to the City. If there is enough
interest in annexation by area residents, the City will explore the possibility of providing
service through a branch library in the Cedar Mill/Bethany area, possibly in cooperation
with the Cedar Mill Community Library.” He referred to the information he gave Council on
how much money the City collected this fiscal year from property owners in Cedar Mill,
West Slope and Garden Home, who were inside the City limits. He said the total
$209,485 was impressive, though none would go to the area libraries that serve the
residents who paid this taxes. He asked that Council consider its present policy for future
fiscal years. He said with the present City policy there was no incentive for annexation to
Beaverton because it would not benefit the community library; instead they would be taxed
for a library most do not use. He said if the policy was changed so their tax funds
supported their community libraries, the incentive for annexation was more attractive.
Beaverton City Council
June 16, 2003 – Minutes
Page 15
Bodine stated that tomorrow night the Cedar Mill/Bethany Library Board would vote on a
resolution declaring its intent to establish a branch library in Bethany, provided funds
became available. He said the timing of the vote was to ensure that the Bethany library
could receive funds from the WCCLS levy on the 2004 ballot. He noted the Board said it
would not compete with the County levy in May, 2004. Also, at the last November
election, the Cedar Mill library area generated the largest majority for Measure 34-54
(WCCLS levy). He said it was Cedar Mills’ intent to “go all out” to pass the levy in May,
2004.
Coun. Soth asked how the service boundaries were determined for each library when
there was no geographical distinction and certain services were provided by the Beaverton
library.
Bodine responded the intent of the County-wide system was that residents throughout the
County would have access to libraries, regardless of where they lived. He said he
conducted a survey in Cedar Hills Home Association in May to determine how many
residents felt the Cedar Mill Library was their primary library and how many went to
Beaverton. He said he also asked how many lived south of SW Parkway, because the
County gave money under the present formula to the Beaverton Library. He said six
people, out of sixty, raised their hands. He noted people in Beaverton use the Cedar Mill
and West Slope libraries. He said he used the Washington County tax code numbers to
identify areas.
Mayor Drake asked if there was a boundary map for the libraries from WCCLS.
Bodine replied WCCLS did have a map but Cedar Mills disagreed with it because it gave
half of Cedar Hills to the City of Beaverton.
Coun Soth asked if West Slope or Garden Home had a similar map.
Bodine said they did not because they were not interested in this process.
Coun. Stanton asked Bodine if his figures on taxes paid were a percentage or the total
residents paid.
Bodine explained those figures were a percentage of the whole budget.
Mayor Drake asked Bodine if he took the assessed values in the areas that were in the
City but in his perceived service area for those individual libraries. Also, was he asking
that those monies be given to the individual libraries, rather than keeping them for the
Beaverton library.
Bodine said that was correct and the question was, what was the appropriate amount of
money for the City to provide to offset the cost of operating the community libraries. He
said if annexation to the north was desired, he wanted the library service money to go to
the library he used.
Mayor Drake noted there had been some effort to equalize the payoff formula among
libraries. He noted one suggestion was to raise community libraries to the Oregon Library
Association (OLA) standards. He asked how that balanced with what Bodine proposed.
Beaverton City Council
June 16, 2003 – Minutes
Page 16
Bodine said the libraries that benefited were Banks, Forest Grove, Sherwood and
Cornelius; Cedar Mills had not. He noted no County library met all the OLA standards.
Coun. Stanton said she thought the formula had been determined for next year.
Bodine said it was still being worked on. He explained the library service district idea
started after the November election last year. He said when the formula was changed
after the vote, the Cedar Mill library lost $93,000; they were hit three times as hard as any
library in the County. He said that was when the library service district started looking
attractive. He said the latest revision in the formula was more favorable to Cedar Mills
and they would work hard to get the levy passed. He said the reason he was here was to
get money for the library he used.
Mayor Drake noted the formula was still fluid and that once it was refined, a presentation
would be made to Council.
Bodine thanked Mayor Drake for talking with them.
Rich Crimi, Beaverton, said he was opposed to funding water fluoridation in the budget.
He said implementation of this program amounted to dumping toxic chemicals into the
water system for a purpose not proven safe or effective by the Environmental Protection
Agency (EPA) or the Federal Drug Administration (FDA). He asked that Council not
proceed with the project and return the funds to the City’s reserve.
Gayle Walker, Beaverton, said the November vote was only advisory and yet the Council
moved ahead with fluoridation. He stated he had several concerns. First, he said, the
Tualatin Valley Water District (TVWD) had reviewed its fluoridation policy and was
considering altering its plans. He asked if the TVWD were to stop fluoridating, would that
have a fiscal impact on Beaverton. Second, he said fluoridation violated the rights against
forced medication; and the ethical validity of fluoridation policy did not stand up to scrutiny
relative to the Nuremberg Code and other codes of medical ethics. He expressed worry
that the final cost for fluoridation in Beaverton would be far more than the $550,000 in the
budget.
Susan Anderson, Citizens for Safe Drinking Water, Beaverton, voiced concern about the
$550,000 for the City fluoridation project and noted costs may end up being more than
$900,000. She reviewed the chart on Fluoridation Benefit vs. Damage, which was on the
back of the letter she gave to Council (in record). She summarized that in 1993 the Public
Health Service estimated that people in non-fluoridated communities were getting the goal
dose of fluoridation per day from a variety of sources other than water.
Lynn Campbell, Director, Oregon Citizens for Safe Drinking Water, said they strenuously
opposed approval of any fluoridation funding beyond the study and design phases in
progress. She said budgeting for implementation was premature and fiscally
irresponsible. She said they were concerned with the lack of transparency on this matter
following November’s vote. She said fluoridation plans were proceeding beyond the
public’s eye, and there was little information on which to base the $550,000 budgeted
amount. She said they learned a few weeks ago the design for a sodium fluoride plant
was half completed and an Application for Land Use Permit was filed. She said she
Beaverton City Council
June 16, 2003 – Minutes
Page 17
attended a May 22, 2003, Budget Committee meeting in an effort to learn more. She said
she submitted her questions to the City along with a public records request. She said she
was informed by the City Attorney that her questions would not be answered. She said
today she received a fax from the City for a breakdown of the $550,000; it provided a
preliminary construction cost estimate for a fluorination facility that totaled $900,000. She
said that estimate did not include chemicals, operating, and maintenance costs. She
stated November’s vote was not a mandate and it did not give the City permission to
fluoridate at all costs. She asked what the $550,000 covered and how the difference in
costs would be handled. She repeated they opposed this budget item and urged Council
to consider the vote as advisory only and give citizens the opportunity to speak on a final
total cost. She asked that the record be kept open until one week past the time she has
had the opportunity to review documents so that she would be able to supplement the
record as she deemed appropriate.
City Attorney Mark Pilliod said he did not believe Asst. City Attorney Kirby was referring to
the record of the public hearing on the budget. He believed the response Kirby gave was
on the public records request that Campbell submitted. He noted the request was
received on June 5, and the request asked that the City respond in less time than was
allowed by statute. He noted Kirby spoke with Campbell today and on Friday to determine
which materials Campbell felt were most critical to her; those materials were provided to
her. He said it was not their purpose to get involved in a dialogue over the decisions
Council made as part of the budget, but to respond to the public records request, which
they felt in their communications with Campbell were fulfilled. He noted part of the request
was to waive all the fees connected to responding to that request and they were now
analyzing factors to determine if the City would be justified in denying in whole or in part
the waiver. He said he believed that was what Kirby referred to in terms of enabling her to
offer additional justification for the waiver. He said that did not affect the Council’s
conclusion in determining whether or not to approve the budget. He noted the Council
was under no obligation to continue the hearing and it was not his purpose or function to
deny that request.
Mayor Drake said he was denying the request and noted the City had to process the
budget by the end of the fiscal year and Council would not meet again until after the start
of the next fiscal year. He noted the City needed to have a certified budget and Council’s
adoption of the budget had no bearing on Campbell’s information request.
Barbara McHenry, Beaverton, said she was concerned about moving forward before costs
were established. She noted the budgeted amount of $550,000 and the $900,000 cost
estimate from EES; she said this was double the amount proposed and did not take into
account the cost of the fluoride. She said as a Beaverton tax payer she was not willing to
pay for this. She said she did not want fluoride in her drinking water and there were no
filters in place to filter it out. She said fluoride was most effective when applied directly to
the teeth topically and that sealants were more effective. She said the escalating costs
concerned her and the November vote showed fluoridation was not embraced by 47% of
the voters.
No one else wished to testify.
Mayor Drake closed the public hearing.
Beaverton City Council
June 16, 2003 – Minutes
Page 18
Coun. Soth MOVED, SECONDED by Coun. Ruby, that Council approve Agenda Bill
03152, A Resolution Adopting Budget for Fiscal Year commencing July 1, 2003, with the
amendments indicated by the Finance Director, and as recommended by the Budget
Committee.
Coun. Stanton said she would support the budget. She noted for those who testified on
the fluoride project, that the project was reflected in the Capital Improvement Plan (CIP),
which was heard earlier. She noted the budget only incorporated the CIP. She thought
that might have been a better place to have this discussion.
Question called on the motion. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE,
the MOTION CARRIED unanimously. (5:0)
ORDINANCES:
Suspend Rules:
Coun. Soth MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and
that the ordinances embodied in Agenda Bills 03153 and 03154 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)
First Reading:
Pilliod read the following ordinance for the first time by title only:
03153
An Ordinance Expressing the City of Beaverton’s Election to Receive Distribution of a
Share of Certain Revenues of the State of Oregon for Fiscal Year 2003-2004, Pursuant to
ORS 221.770 (Ordinance No. 4256)
03154
An Ordinance Amending City Code Section 9.06.035 Newly Annexed Areas to Add a
Definition of “Interested Parties” and to Require Notification of NAC’s and CPO’s for
Annexations in Their Area (Ordinance No. 4257)
Second Reading:
Pilliod read the following ordinances for the second time by title only:
03131
An Ordinance Amending Ordinance No. 4187 Figure III-1, the Comprehensive Plan Land
Use Map and Ordinance No. 2050, the Zoning Map for Property Located at 6925 and
6945 SW Scholls Ferry Road, CPA 2003-0001/ZMA 2003-0001 (Ord. No. 4255)
Coun. Soth MOVED, SECONDED by Coun. Ruby, that the ordinance embodied in
Agenda Bill 03131 now pass. Roll call vote. Couns. Bode, Doyle, Ruby, Soth and Stanton
voting AYE, the MOTION CARRIED unanimously. (5:0)
ADJOURNMENT
There being no further business to come before the Council at this time, the meeting was
adjourned at 10:28 p.m.
Beaverton City Council
June 16, 2003 – Minutes
Page 19
______________________________
Sue Nelson, City Recorder
APPROVAL:
Approved this 7th day of July, 2003
__________________________________
Rob Drake, Mayor