NOVEMBER 13, 2006


The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth Council Chamber, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, November 13, 2006 at 6:34 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce S. Dalrymple, and Dennis Doyle. Coun. Cathy Stanton was excused. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Public Works Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop, Development Services Manager Steve Sparks, Principal Planner Hal Bergsma, Senior Planner Barbara Fryer, Associate Planner Leigh Crabtree and Deputy City Recorder Catherine Jansen.


06211 2006 International Association of Chiefs of Police/Motorola Webber Seavey Award for Quality in Law Enforcement

Mayor Drake said the City received the Webber Seavey Award from the International Association of Chief of Police (IACP). He said focus work completed by the Beaverton Police Department staff led to the City competing for and receiving this award. He said the City, through the help of Senator Gordon Smith, received a grant to develop an Identity Theft and Fraud Prevention Program. It was for this program that the City received the Seavey Award. He read a letter from Senator Smith congratulating the City for receiving the award. He presented the award to Police Chief David Bishop and said it was being presented to all the members of the Police Department.

Bishop thanked Mayor Drake and said he was accepting this award for the entire community, the Police Department and the City Council and Mayor. He presented a medallion to the Mayor and explained the IACP provided medallions that would be given to all the key people responsible for achieving this award. He said he was giving this to Mayor Drake for he was the first person to start the dialogue with Senator Smith that resulted in the formation of this program. He said the Police Department was extremely proud of the Program and its partnership with the community.

Mayor Drake thanked him for the medallion and said it would be displayed at City Hall.

06212 Presentation of Shields and Swearing In of Newly-Appointed Sergeant and Five Officers to the Beaverton Police Department

Mayor Drake said he started the tradition of swearing in the police officers at the Council meetings to introduce them to the community and welcome them to the City.

Police Chief David Bishop swore in newly-promoted Sergeant Jeffrey DeBolt and the five new officers Nathaneal Brown, Christopher Freeman, Marlin Kendall, Matthew Reed and Bradley Sutton.

Mayor Drake presented the shields to the sergeant and officers.

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

06220 U. S. Mayors Climate Protection Agreement (Resolution No. 3882)

Mayor Drake said this summer Beaverton citizen Barbara Wilson asked that the Council review and consider adopting the Mayors Climate Protection Agreement. He said he reviewed the information available on-line regarding the agreement and he conferred with staff to determine what work the City has done to promote a healthier environment. He said the City has intentionally embarked on environmental programs in order to be an eco-friendly and more responsive agency. He said this agreement was not a binding document, but it was about looking forward and it was consistent with programs the Council has supported in the past. He invited Ms. Wilson to speak.

Barbara Wilson, Beaverton, and Steve Couche, Portland, introduced themselves. Wilson thanked the Mayor for moving the agreement along expeditiously. She said global warming was an environmental emergency to which no one was paying attention. She said she appreciated the City's efforts to consider the Climate Protection Agreement. She explained how Mayor Nicholson from Seattle became interested in global warming and spearheaded the movement to have cities adopt this agreement. She said as an avid hiker, she has noticed the environment changing over the last 25 years, especially in glacial and wetland areas. She said the phenomena of glaciers receding was occurring world wide and has affected the global climate. She urged the Council to pass the Climate Protection Agreement.

Steve Couche said his first eight years were spent in Cedar Hills and he had memories of the extensive wetlands in this area. He said these wetlands and glaciers were disappearing with the climate change. He said scientists are predicting that ocean levels could increase by 40 feet and that would seriously damage the coastal cities. He said the environment has already experienced an increase in droughts; as that worsens it will bring more famine and shrinking food supplies. He said this is a potential calamity for the world and something has to be done. He said he appreciated that the City has joined the many other cities in signing this agreement. He said it was important to tell the legislators in Washington D.C. that this is a crisis and action is needed at a national level because this country was one of the worst offenders.

Coun. Dalrymple referred to page three, Item seven of the agreement, "Practice and promote sustainable building practices using the U. S. Green Building Council's LEED program or a similar system." He said he was concerned about the immediate impact that would have on the budget if this was adopted now versus ramping up to this through the next budget cycle. He asked what the best way would be to approach this issue.

Mayor Drake said this agreement was a guideline, not a contract. He said this would not upset the budget, but the City would look at how it could gradually honor the points in the agreement in the future. He said the City could move toward being more conservation-minded. He said this does not have a timeline and overnight changes are not intended because the City would not want to increase costs unduly or upset the budget.

Coun. Dalrymple said that was good as long as it was a guideline that the City could work towards. He said this would also give the City the opportunity to do research and understand what this provides; and also to determine which points were of the most benefit to the community and which were affordable.

Mayor Drake said the intent was that this was the first step in this journey. He said the City has been smart in its approach to being conservation-minded; the steps the City has taken were done incrementally for good fiscal management, and to be a good steward and role model for the community. He said the City has practiced this for a number of years. He noted the City has been recognized as a Tree City USA since 1995 and the planting of trees does a great deal to promote a healthy community.

Coun. Bode said she appreciated how Wilson partnered with the City in getting this agreement adopted. She said on page 2 of Agenda Bill 06220 there was a list of the many activities that the City has been engaged in for a number of years that were conservation minded. She noted this agenda bill was posted on the City's Web site for those who may wish to read it in full. She said the City would continue to do more and she thanked Wilson for bringing this forward.

Coun. Arnoldsaid she appreciated her bringing this forward and she was pleasantly surprised to see what City has done so far. She said this was a great move forward.

Coun. Arnold MOVED, SECONDED by Coun. Doyle, that the Council adopt Agenda Bill 06220 and endorse the U.S. Mayors Climate Protection Agreement as presented in Resolution No. 3882.

Coun. Doyle said that adopting this agreement gives the City credence to go to the national legislators and let them know that Beaverton, which is the fifth largest city in the state, supports this agreement and urges the legislators to follow the example being set by the mayors in this country. He said since the city councils were the closest governing bodies to the citizens of this country, that should speak volumes to the federal legislators who are making these laws. He said it was long overdue.

Coun. Dalrymple said he has known Wilson for a long time as she had previously brought environmental issues to the Tualatin Hills Parks and Recreation District Board. He said he appreciated her dedication to the issue and that she worked with the agencies to create good stewardship.

Question called on the motion. Couns. Arnold, Bode, Dalrymple and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)

Wilson thanked the Council for adopting the agreement. She said she saw this as the beginning and asked how the public could be brought on board. She said this has to be accepted by the 83,000 citizens of Beaverton and they have to be informed that they have an important part in making this agreement successful. She asked how the City could inform the citizens of their role in this issue.

Mayor Drake said there were many ways this could be done. He said by adopting the agreement the City has made a strong statement. He said the City was already doing many of the things that it needed to do and citizens were seeing this. He said the City looks at this agreement to determine how it can meet the standards of the agreement in an economically responsible manner and possibly stretching itself a bit to meet the goals. He said there was always opportunity for input through the budget process or as the City crafts new programs. He said the City would need to think further on ways to provide public outreach.

Wilson stressed that this issue needs to be addressed and public outreach is needed. She said experts on this subject have said that there is only ten years to get this under control; after that, the problem cannot be corrected. She said the reason for this was that the problem increases exponentially; once the arctic ice cap is gone, there is no way to get it back. She said there were things that everyone must do in order to reduce the carbon emissions that come from Beaverton. She said individuals have to know what their carbon footprint is and what they can do to reduce it.

Mayor Drake said this was a team effort and covered much more than just the City of Beaverton.

Wilson asked that the Council and Mayor let the legislators, and others in their sphere of influence, know that the City has passed this agreement and it is important.


Bill Kroger, Beaverton, said he was the Chair of the Washington County Behavioral Health Council. He said the Council is an advisory board to the Washington County Commissioners and the Department of Health and Human Services, and deals with mental health and addiction problems in Washington County. He said the Council was comprised of professionals in the field, lay volunteers, consumers and family members. He said there were many pressing mental health and addiction problems facing the County. He said the top five problems they were facing in the community were: Oregon Health Plan issues; service improvements for people with addiction problems; implementing the evidence-based practices program; employment services for the mentally ill; and improvement of community based services for children. He said they have presented this information to the Washington County legislators and candidates, who have a great interest in this issue. He said it was their hope that the Council would become familiar with these issues and help them to spread the word.

Coun. Doyle said this was a critical issue in the community. He asked if the legislators gave them any feedback on their true awareness of what the community and state are facing in relation to these issues; and if the legislators offered any guidance as to what they may try to accomplish in the next session.

Kroger said they had a lively discussion. He said Mitch Greenwick, who was well aware of these issues, wanted the three counties to work in tandem. He said that had been tried but it does not work well. He said the discussion went on for an hour and the candidates learned from the discussion. He said it was hard to say if it specifically helped. He said at least they were more informed now than they had been.

Mayor Drake thanked Kroger for speaking. He added that the mental health professionals in this group were the top professionals in the County. He said the Council has excellent connections in its membership but the challenge they face is bigger than the resources available.

Coun. Bode asked what phone number people could use to reach the Council.

Kroger said he could be reached at 971-645-6889 and he could refer them to the proper individual for whatever services were needed.


Coun. Arnold said the City's Holiday Tree Lighting would be on December 1, 2006, at The Round at 6:00 p.m. She invited everyone to attend. It was noted that public parking would be available at the Westgate Theater parking lot and there would be guides to assist people with parking.


Chief of Staff Linda Adlard reminded the Council that the Budget Committee meeting would be held on Thursday, November 16, 2006. She also noted that the Council's holiday greeting would be recorded by Tualatin Valley Community Television on December 4 at 6:00 p.m., in the Council Chambers.


Coun. Bode MOVED, SECONDED by Coun. Dalrymple, that the Consent Agenda be approved as follows:

Minutes of the Regular Meeting of October 16, 2006

06213 Liquor Licenses: Change of Ownership - Izzy's Restaurant

06214 Classification Changes

Question called on the motion. Couns. Arnold, Bode, Dalrymple, and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)

Coun. Arnold said that at last week's meeting the Council passed a motion and had first reading of an ordinance to amend the Comprehensive Plan. She said one of the changes that was approved also needs to be reflected in the Development Code.

Coun. Arnold MOVED, SECONDED by Coun. Doyle, that the Council direct staff to initiate an application to amend the appropriate sections of the Development Code text so that the hearing notice for Type 3 and 4 applications to amend the Development Code and the Zoning Map is provided to Neighborhood Association Committee (NAC) Chairs and the Committee for Citizen Involvement Chair in the same manner as what was proposed in Ordinance No. 4187 to amend the Comprehensive Plan.

Mayor Drake explained this was the second step of what Council had already adopted; it implements what Council has already passed.

Coun. Dalrymple asked if this was missed in the motion at the last meeting.

Mayor Drake said that was correct.

Question called on the motion. Couns. Arnold, Bode, Dalrymple and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)


06194 TA 2006-0003 (PUD Text Amendment) ( Rescheduled from 10/16/06 meeting )
(NOTE: Discussion of this item also covered Bill 06195, Ordinance First Reading for the PUD Text Amendment)

Mayor Drake said he discussed this item with Coun. Dalrymple today and after the work session the ordinance may be referred back to the Planning Commission for additional review and public comment.

Senior Planner Colin Cooper introduced Shelly Holly and Magnus Bernhardt from Parametrix, the land use consultant firm that prepared the draft Planned Unit Development (PUD) Ordinance. Cooper presented a PowerPoint presentation on the history of PUDs in Beaverton. He said in 2002 the Development and PUD Codes underwent a significant reorganization. He said the changes to the PUD Code included the removal of the four-acre minimum area requirement, the 20% open space requirement was quantified, and minimum yard setbacks were specified. He said the PUD Code was currently being revisited because the Planning Commission was not happy with the PUD developments that it was reviewing. He said staff had also promised to revisit sections of the reorganized Code to determine how they were working. He reviewed examples of PUD applications that were not well received by the Planning Commission or the surrounding neighborhoods.

Magnus Bernhardt, Parametrix, consultant, gave an overview of the process used to review and revise the PUD Code. He said the purpose of the Code amendment was to improve the quality of the PUD applications that the City receives. He said they developed good baseline standards and incentives that would improve the quality of the applications.

Bernhardt said that they reviewed the City's PUD Code, and the PUD ordinances of six other jurisdictions; then they tested the proposed PUD revisions using an existing site in Beaverton. He said they also researched form-base code and low-impact development code as they felt those codes would generate innovative ideas that they could test in developing concepts for the existing site in Beaverton. He said the critical PUD elements that were discussed by staff and the Planning Commission were: thresholds; minimum open space standards; parking; design review; density requirements; setback restrictions; minimum parcel size; incentives for increased density and reduction in open space; and design flexibility. He said the model site had many of the challenges that developers face when developing property (natural resources, wetlands, trees, irregular shape and was in an existing neighborhood). He said the proposed project yielded 13 units and one open space lot. He said they looked at form-base code (where function follows form to encourage development flexibility by regulating the form of environment, not the land use or density), at zoning, site character, and architectural components. He reviewed the three plans they developed for this site. He said they developed three ideas as development incentives: a green roof; encouraging more solar passive gain; and cohesive open space within the PUDs. He said the proposed PUD Code has graphics that support the narrative and the new incentives would lead to better projects.

Cooper reviewed the major issues that were raised and resolved. He said the minimum threshold was important to the Planning Commission, so the bar was raised to two acres. He said the Commission was concerned with ensuring compatibility and attractive infill PUD development, so the minimum setback was set at 15 feet. He said the Commission's other major concern was having useable open space, rather than many small lots, so a minimal dimensional standard was created. The Commission was concerned about the lack of innovative, high-quality design within the single-family lots, so design standards for single-family residential were created for PUDs only, not throughout the City. He said bonuses were included for innovative work, such as solar gain and affordable housing. He said also a new threshold was included, so that when a developer asks for more than three variances, adjustments or flexible setbacks (in any combination), that they then would be required to do a PUD. He said with all these new factors, the Commission enthusiastically supported these revisions.

Coun. Arnold asked for information on the development bonuses.

Cooper said the Planning Commission wanted to see innovative development so the ordinance contained a variety of incentives. He said there were incentives for open space, architectural incentives such as solar access and green roof features, and there was an affordable housing component to provide for one or two units in a project.

Coun. Arnold referred to page 27 of the proposed ordinance (Agenda Bill 06195), "Affordable housing is defined as housing affordable to households earning up to 100% of the median household income in Washington County, or less as adjusted for family size as determined by the U.S. Department of Housing and Urban Development (HUD). Housing prices and or rents shall be limited to that level through deed restriction.” She asked what "that level" referred to.

Cooper said that referred to two thresholds, the 100% of the median or as determined by the U.S. Department of Housing.

Mayor Drake explained HUD sets income standards and what a family of certain size would need to earn to qualify at a certain level. He said affordable housing in the region is set by HUD as a certain percentage of the median income level. He said the percentage was flexible but HUD would set the standard.

Coun. Arnold asked what percentage of the 100% income represents the affordable amount.

Mayor Drake said HUD sets standard and it could vary.

Coun. Bode said the current standard was 40%.

Coun. Arnold said it seemed that some PUDs were designed to do infill development and the open spaces were an after thought. She said she did not like that because it created the need for a homeowners association which did not make sense as they were not maintaining a real planned community. She said she appreciated the work that was done to make these more functional, so that they are creating something that has value in those open spaces. She said she appreciated the time staff gave her outside of the meeting to help her understand these issues.

Coun. Doyle asked if builders look for these incentives to design innovative projects.

Cooper said he thought the likelihood was low, but the City wants to provide the opportunity for a developer who does want to do these things. He said as an example, a homebuilder might partner with Habitat for Humanity to take advantage of the incentive for affordable housing.

Coun. Doyle said it was commendable that the Planning Commission and staff incorporated this into the Code and that it was easy to understand. He said he was glad to see the opportunity provided in a manner that is fair to the developer. He said he looked forward to seeing what type of applications this will bring forward.

Coun. Dalrymple said he had a number of items to discuss. He said his first concern was phasing (page 8, Agenda Bill 06195). He said if he was putting a development together with its many components, it might take longer than the two years that this program would allow. He said a developer doing a large project has another element of risk, because if it has to come back in two years to go through another process, that might mean there are other restrictions or impacts to the original approval that might negatively impact the ownership and the original master plan. He said from that perspective he would like this to be longer than two years. He said his second concern was density and lot dimensions (page 14). He asked what would happen if the adjacent parcels were not developed to the Comprehensive Plan level. He questioned how a developer could coordinate. He said he thought it would be best served if it was coordinated with the Comp Plan, at the maximum use decided for a site. He said he did not think that was clear in the text.

Coun. Dalrymple referred to page 14, Item B (Agenda Bill 06195) that referenced "Area over 25% slope" when talking about the transfer of density. He questioned what that meant. He said if he was doing a PUD, he hoped he could take the area that could not be built upon and transfer that density to another area and then try to do the best possible project for the type of building unit being developed. He said he needed clarity on that issue for he was not sure he was thinking along the same lines as the Planning Commission. He said as a developer, he was thinking of the highest and best use and getting the maximum potential out of the property, for livability and for equity investors.

Coun. Dalrymple asked if open space could be less than 20%. He said in this area with the Urban Growth Boundary and other constraints, property values were soaring. He said it costs a lot to buy property; if 20% has to be dedicated to open space, the cost of that 20% will have to be spread among the other units, so this pushes the price of homes up. He said this will make housing more difficult for people to afford. He said he did not know if that had been considered from a financial impact as much as more from a perception of what will be provided in the community. He said he thought in that regard there was a balance in how one looked at open space.

Coun. Dalrymple referred to page 85, Item A.1 (Agenda Bill 06195) which set limits on attached single family units to four units per structure in the R-10 and R-7 residential zone. He said in other parts of the country new architectural practices were introducing a big-house concept. He said the big-house design was a new innovative style for high-density housing, that has six to 12 units in a building that looks like a large estate home. He said that might be something the City wants to foster. He referred to the standards on page 94, Item C, that said "No more than 40% of the gross land dedicated may have slopes greater than five percent." He confirmed this refers to open space and said that this standard becomes a penalty because of the high cost of the land. He said that could be negative and questioned how this was reviewed by the team members.

Coun. Dalrymple said his biggest concern was the issue of pocket parks. He said from his many years on the Tualatin Hills Park and Recreation District (THPRD) Board, pocket parks were too small and the cost to maintain them was significantly higher. He noted THPRD is the park provider for the City and asked if the District was involved in reviewing these amendments. He said the THPRD was in the midst of doing its 20-year Master Plan Update and it would be to the City's advantage to have the District comment on these standards. He highly encouraged involving the THPRD. He referred to the reduction of setbacks on page 106, Item 2, and said that in looking at many developments throughout the country, the setbacks are minimal on many street frontages and when automobiles are parked in front of the garage, they lap over onto the sidewalk blocking the walking area. He said he hoped setback standards would be set for standard automobile size so that there would be no lapping over into the walking area. He said in considering the American Disabilities Act, reduced visibility and negotiating around cars that block the sidewalk become an issue especially for seniors and children at play.

Coun. Dalrymple said that for these reasons he would like to send this proposed ordinance back to the Planning Commission and staff. He stressed it was important to get everyone's buy-in and include THPRD in this review.

Mayor Drake asked staff if THPRD was in the noticing process and if the issue of pocket parks was discussed with the District.

Cooper said THPRD was notified but there was no joint discussion on the pocket parks issue.

Mayor Drake said it would be good to send the document back for input from the THPRD. He asked for additional Council comments.

Coun. Bode said she was concerned with the 15-foot setback due to visibility. She asked if the 20% open space was contiguous. She said in the past it seemed that the open space was divided into small parcels and spread throughout the developments. She said when she was on the Planning Commission she felt duped when one of the projects that was presented as an affordable housing project, was not what she considered affordable housing once it was built. She said as the amount of land decreases, the City needs to be cautious in its development regulations. She said she thought it would be good to go back and look at these issues.

Coun. Doyle said he had no problem referring this back to the Planning Commission and staff. He said many good issues were raised and he would like to hear the response to Coun. Dalrymple's comments.

Mayor Drake said Coun. Dalrymple's comments from a developer's viewpoint were valuable and presented in a constructive manner.

Coun. Bode said the issues of pocket parks, traffic, development costs and open space were important and she agreed this should be referred back to the Commission and staff.

Coun. Dalrymple said they had discussed what constitutes acceptance in open space (setback areas, buffer areas and vegetative corridors). He said all this was important when trying to attract developers. He said without real clarity on this standard, developers might choose to pass on potential development. He said he was very appreciative of the work the Commission and staff did to develop this ordinance. He said he was trying to take a proactive approach to enhance the ordinance and make it an outstanding document.

Coun. Dalrymple MOVED, SECONDED by Coun. Doyle, that the Council refer TA 2006-0003 (PUD Text Amendment) back to the Planning Commission and staff for additional review to include input from THPRD, to consider comments made at the Council Work Session, to hold an additional public hearing at the Planning Commission level, and to bring the ordinance back to Council.

Mayor Drake said Council was not suggesting a wholesale rewrite of the ordinance, rather a consideration of the comments and suggestions raised at the work session. He said he was intrigued by Coun. Dalrymple's comparisons of projects and how they could be handled differently. He said he thought the proposed document and proposed modifications would promote flexibility and creativity, which the City always tries to do as it evolves as an agency.

Question called on the motion. Couns. Arnold, Bode, Dalrymple and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)


Mayor Drake called for a brief recess at 8:13 p.m.


Mayor Drake reconvened the meeting at 8:22 p.m.

06215 Tualatin Basin Goal 5 Implementation
(Discussion on this item included Agenda Bills 06216, 06217 and 06218, the first reading of ordinances to amend the Comprehensive Plan, Development Code and Beaverton Code related to the Tualatin Basin Goal 5 Program.)

Senior Planner Barbara Fryer and Associate Planner Leigh Crabtree presented a PowerPoint presentation on the Tualatin Basin Goal 5 Program. Fryer said they have worked on this Program for six years; it started with Metro adopting the inventory of regionally significant resources and was now at the point where the Program was to be adopted by the City. She said the proposed amendments to the Comprehensive Plan and Development Code comply with the Statewide Planning Goal and the Metro Urban Growth Management Functional Plan. She said the proposal was to amend five chapters of the Comprehensive Plan, the Glossary, and the Natural Resources Inventory. Also, the Development Code would be amended to add a new section to Chapter 60 and definitions to Chapter 90. She said City Code Section 5.05 would have minor edits and Section 9.05 was amended to include maintenance as a requirement for storm water facilities.

Fryer reviewed Habitat Benefit Areas (HBA) on two sites and the HBA Preservation Program (in the record). She said this was a voluntary program; incentives are offered to get developers to do preservation activities.

Associate Planner Leigh Crabtree reviewed HBAs in relation to the Development Code. She said the new section in Chapter 60 was in response to comments that the Tualatin Basin Goal 5 Steering Committee received from stakeholders, the Citizen Involvement Committee, the Development Liaison Committee and the Planning Commission. She said it was determined that instead of changing multiple sections of the Development Code, it would be better to write one chapter that deals with providing incentives. She said the first major incentive was HBA Preservation, including preservation, enhancement, mitigation and creation of HBAs. She said the proposed incentives mostly apply to non-single-family residential areas, but there are opportunities for single-family residential. The Planning Commission made the decision that it wished to have single family residential match what already exists, but flexibility has been provided as needed. She said the incentive that would apply to single family residential was open space reduction for an equal amount of HBA preserved. She said incentives for other zones included changing the building envelope and building height bonus.

Fryer reviewed low-impact development techniques. She reviewed examples of eco-roofs and roof-top gardens, and described the features of each. She said eco-roofs are appearing on new and retro-fitted buildings. She also reviewed parking lot landscape islands, landscape swales, storm water planters and rain gardens. She reviewed projects where these techniques were used in Hillsboro, Portland and Milwaukie.

Crabtree reviewed the credits for use of low-impact development techniques (in the record). She said the objective was to convert normal landscaping to capture storm water. She said on streets, the landscape s tandard reduction meant that s tandard landscaping was swapped for detention landscaping.

Fryer said at this meeting Council would consider three ordinances to amend the Beaverton Code, the Comprehensive Plan and the Development Code to enact the Tualatin Basin Goal 5 Program. She said the ordinances would receive first reading at this meeting and second reading on December 4, 2006. She said the timeline was to have the Program adopted by January 2007. She said Tigard, Tualatin and Sherwood have adopted these amendments; Hillsboro and Washington County have not yet completed their amendments. She said staff would report back to Council in a year on how well the Program was working. She said they did not know if these incentives were sufficient so that a developer would take advantage of the Program. She said the Planning Commission, the Committee for Citizen Involvement and the Development Liaison Committee supported this proposal. She said the City of Portland has provided greater incentives and that is why so many of these features are seen in Portland. She said staff also developed a guidance manual that will explain to developers how to implement this Program; the manual will be brought to Council for adoption in January.

Coun. Bode thanked staff for their hard work. She said it was interesting to see the high amount of public involvement that went into this project. She said she would support this program and favored moving forward.

Coun. Dalrymple said he was glad to see this Program has moved forward. He asked staff if they knew why Washington County was lagging behind, since it was always in the lead in trying to make this happen.

Fryer said the County's ordinance went before County Planning Commission and the Commission asked to pull the Planned Unit Development section. She said that section would go through the cycle next year as they missed the window for this year.

Coun. Dalrymple said in his experience, there were times when a municipality would not approve a gravel parking lot because oil dripping from automobiles would contaminate the soil; so the parking lot would have to be paved. He said now they were talking about using pervious materials such as grasscrete for parking areas. He questioned how these materials were used in this process and if they were part of the Program.

Fryer said pervious materials were included to a certain extent. She said pervious concrete and pavement, paver blocks, grasscrete and a plastic cell product were being considered for the Program. She said they were still working with the engineering division to get a particular process approved. She said they want to be sure that groundwater contamination does not occur, that the life of the product will meet the standards, and that maintenance issues are accommodated. She said they want to be sure that these issues are taken care of before the materials become a part of the Program. She said this will probably be included in the guidance manual.

Coun. Dalrymple said he was concerned about maintenance issues; that he did not want the City to have to cut the grass on people's parking lots because of these materials. He said he supported its use in other areas but was cautious about using it in parking lot areas. He asked if a property was in the HBA, and this Program is voluntary, what would happen in the future. He asked if this was a voluntary program because of Ballot Measure 37.

Fryer said that the program was voluntary because of Measure 37; this basin area already has regulations in place that protect the land that is not protected in other jurisdictions. She said they wanted to go above the norm through a voluntary incentive-based program.

Coun. Dalrymple asked if this would come back for adoption by elected officials before it reached a regulatory standpoint.

Fryer confirmed that was correct. She said if the Program was ever considered to be anything but voluntary, it would first go through an extensive public process.

Mayor Drake said with Ballot Measure 37, anything that the City would do beyond a voluntary approach would be susceptible to a Measure 37 claim. He said if the voters ever invalidated Ballot Measure 37, any change to the Comprehensive Plan or Development Code would go through a public process with an intense notification procedure.

Coun. Arnold said she thought it sounded like no areas have any regulation, it is all voluntary. She stressed that was not true. She said there are areas in the inventory that have regulations in place.

Fryer said that was correct; the City was not repealing any regulations that are already in place. She said Clean Water Services' Vegetative Corridors were still applicable in all the inventory areas. She said the areas beyond the vegetative corridors are considered the Habitat Benefit Areas and would be part of this voluntary program. She said the low-impact development techniques would be applied throughout the city, regardless of whether it is a HBA or not.

Coun. Arnold asked that staff explain Section 60.12.47.C2 (page 25, Agenda Bill 06218). She said it sounds like if they build a structure parking place it is one less space overall in the total count of the parking requirements.

Crabtree said a better explanation was that by providing incentives for structured parking, they were trying to reduce the impervious area of the surface parking lot. She said currently parking requirements were tied to surface parking only, not parking structures. She said a developer would receive a credit for eliminating surface parking spaces by integrating the required parking into a parking structure.

Coun. Arnold asked if she had a requirement for 40 parking spaces, if she built two-tiered parking how many spaces would she have to provide.

Fryer said she would still need to provide 40 spaces but the number of surface spaces would be reduced by the number of spaces in the parking structure.

Principal Planner Hal Bergsma said that under Metro Code requirements, cities and counties have to set maximum parking ratios. He said if the requirement was for a minimum of 30 spaces and maximum of 40, if 20 spaces were provided in a parking structure, then the surfacing parking requirement would be reduced to 20 spaces. The objective is to reduce the amount of impervious area.

Mayor Drake said the goal was to reduce the imprint. He noted that by building a multi-story parking structure less flat land surface has to be paved for a parking lot that does not allow the ground to absorb the water runoff.

Coun. Arnold asked how the trees and existing canopy intermesh with existing tree requirements.

Crabtree said the current Code requires mitigation for trees in a significant grove, significant trees, historic trees and trees in significant resource areas. She said the Planning Commission asked staff to develop an incentive for developers to keep the trees and canopy for water absorption and to preserve the trees that do not fall into the significant tree categories. She said in order to maintain the canopy and water absorption; they were trying to preserve the trees that do not require mitigation.

Coun. Arnold asked if that meant if there were trees on a property that were not significant trees and they wanted to keep the trees, the developer could do less landscaping somewhere else. She also asked if the developer used this incentive and the trees died due to the construction, would he be required to replace the tree.

Crabtree said the incentives are to allow less landscaping in another area in order to preserve the trees. She said a developer would have to replace the trees that died if this was done as an incentive. She said developers were required to take specific actions to protect the trees from the construction and keep the failure from occurring.

Coun. Arnold asked what would happen if a new owner decided to cut the trees down.

Crabtree said that would fall into a different category of Code violation and violation of a land use order. She said it would have to come back in for a land use review.

Mayor Drake said Code Enforcement would deal with that and there would be some impact so that they would have to offset the loss of the trees.

Coun. Arnold asked what tree box filters were.

Fryer said it was an underground vault that looks like a gutter system, where water flows and drains into a large tree area; the water flows through the tree box and through the filter system that is established as part of that tree. She said the water would be taken up and filtered by the tree system that could reduce the amount of water discharged through the storm system.

Coun. Arnold said there was some overlap in the section on Open Space Development Incentive Options and the HBA section. She asked if there was a way to reference the Open Space section in the PUD.

Fryer said the intent of these regulations was that one would not need to go through a PUD to get these incentives.

Coun. Arnold asked what open space meant in this ordinance, since it was not the PUD's definition of open space; and if someone doing a PUD could take advantage of these incentives.

Fryer said there were requirements for multi-family developments to have a certain amount of open space and that is what this ordinance addressed. She reiterated that one did not have to do a PUD to get these incentives, though someone doing a PUD could use these incentives.

Mayor Drake thanked staff for the presentation.


Mayor Drake noted that Agenda Bill 06195 was being pulled and referred back to the Planning Commission as result of the previous work session. Also, Agenda Bill 06219 was being pulled and would be brought back in the future.

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinances embodied in Agenda Bills 06216, 06217, 06218, be read for the first time by title only at this meeting, and for the second time by title only at the next regular meeting of the Council. Couns. Arnold, Bode, Dalrymple, and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading:

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

06195 PULLED - TA 2006-0003 (PUD Text Amendment) (Ordinance No. 4409).
( Rescheduled from 10/16/06 meeting ) - This ordinance was referred back to the Planning Commission and did not receive first reading.

06216 An Ordinance Amending Chapters Five and Nine of the Beaverton Code Related to the Tualatin Basin Goal 5 Program (Ordinance No. 4412)

06217 An Ordinance Amending Comprehensive Plan Chapters 3, 4, 5, 6, 7, 8, the Glossary and Volume III (Ordinance No. 4187) Related to CPA 2006-0012 (Ordinance No. 4413)

06218 An Ordinance Amending Development Code Chapters 60 and 90 (as Amended through Ordinance 4265) Related to TA 2006-0009 (Ordinance No. 4414)

06219 PULLED - An Ordinance Repealing the 72-Hour Parking Prohibition, Section 6.02.310 of the Municipal Code (Ordinance No. 4415). This was pulled prior to the meeting for revisions and will be brought back to Council at a future meeting.

Second Reading:

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

06208 An Ordinance Amending Comprehensive Plan Chapters 1, 2 and the Glossary (Ordinance No. 4187) Related to CPA 2006-0001 (Ordinance No. 4395)

06209 TA 2006-0008 (Design Review Threshold Modifications) (Ordinance No. 4410)

06210 ZMA 2006-0006 Momeni Property at Main Avenue and Allen Boulevard Zoning Map Amendment (Ordinance No. 4411)

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the ordinances embodied in Agenda Bills 06208, 06209 and 06210 now pass. Roll call vote. Couns. Arnold, Bode, Dalrymple, and Doyle voting AYE, the MOTION CARRIED unanimously. (4:0)


Mayor Drake said he received statistics comparing traffic on Highway 217 with other key roads in the metro area (I-5, I-205, US 26 and Oregon 99). He said Highway 217 received 114,000 cars per day; I-5 has 134,000 cars per day; and the other roads are in between the two. He said the amount of traffic that Highway 217 carries is significant.


There being no further business to come before the Council at this time, the meeting was adjourned at 9:13 p.m.

Catherine Jansen, Deputy City Recorder




Approved this 8th day of January, 2007.

Rob Drake, Mayor