AUGUST 20, 2007


The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth City Council Chamber, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, August 20, 2007, at 6:37 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Bruce Dalrymple, Dennis Doyle, and Cathy Stanton.  Coun. Betty Bode was excused.  Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Principal Planner Hal Bergsma, Public Works Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop, Public Works Operations Manager Terry Priest, City Recorder Sue Nelson and Deputy City Recorder Catherine Jansen.


07177  Presentation of Shields and Swearing In of Newly Appointed Captain, Lieutenant, Sergeants, and Four Officers to the Beaverton Police Department

Mayor Drake said that the police have a positive impact on livability in the city therefore the swearing-in ceremony would be conducted at the Council meetings to introduce the new officers and those officers who were recently promoted, to the community.  Police Chief Dave Bishop swore in newly-promoted Captain Terry Merritt, Lieutenant Adam Spang, Sergeants Mark Groshong, Steven Schaer and Michael Smith, and new Police Officers Evin Eustice, David Newland, Viola Valenzuela and James White.

Mayor Drake presented their new shields to the officers.

Bishop thanked the families and friends of all of the officers and noted the officers could not do this job without their support.

07178  Stream Enhancement Program Status Update

Public Works Operations Manager Terry Priest presented a PowerPoint presentation on the City’s Stream Enhancement Program (in the record).  He said the Stream Enhancement Program began in 2004 on Beaverton Creek.  He reviewed the work completed on Beaverton Creek from 2004 to 2007, noting 10,230 trees and 30,689 shrubs were planted on public water quality facilities and stream banks. 
Priest said that volunteers were an integral part of the Program, for the projects were completed through the assistance of many volunteer groups and organizations including SOLV, Tualatin Hills Park and Recreation District, local schools, the Girl Scouts and Cub Scouts and the Southridge High School Football Teams.  He thanked all those who volunteered.

Lisa Mathews, Beaverton, representing the Southridge High School Football Teams spoke on the positive experience that the team members had when they worked on the stream enhancement projects.  She said through these projects, the students utilized skills they learned in school, they worked hard, accomplished a great deal and gave back to the community. 

Priest reviewed the work completed on Hiteon Creek and the future projects planned for Sterling Park Pond, and the Johnson Creek and Summer Creek tributaries. 

Mayor Drake said this Program was impressive and was part of an overall process that was occurring county-wide. 

Priest said Clean Water Services helped initially with the Program and provided the plants.  He said the City now administered the program. 

Coun. Arnold said she appreciated this presentation for it was good to see City projects that were being done to promote the environment and improve the community.  She commended Priest and everyone involved in this work. 

Coun. Doyle thanked everyone for their work and said it was good to see the quick success of these projects.  He said that anyone interested in volunteering for this Program could contact Priest at 503-526-2568.

Coun. Dalrymple said this was a great Program for it allowed the citizens to buy into projects and participate, in a hands-on fashion, in improving their community.

Mayor Drake thanked Priest for the presentation.


Scott MacTarnahan, Portland, referred to the interim zoning for the Washington Square Regional Center (Agenda Bill 07182).  He said this matter involved his family’s property on Cascade Avenue which was currently developed as retail shops and a go-cart racetrack.  He expressed concern that the proposal would change the zoning designation on his property from General Commercial to Urban Center which was a much higher use.  He questioned the timing and eventuality of this decision.  He compared Washington Square to Clackamas Town Center, stressing that Sunnyside Road (Clackamas Town Center) was very accessible; and Highway 217 (at Washington Square) was like an iron curtain for it did not provide  the vehicular access needed for that area.  He said in the future that area might be an Urban Center but he did not wish to be precluded from developing his property with a current permitted use because there was a future possibility that there may be a higher use.  He stressed there was no funding available to build the necessary transportation improvements for an Urban Center.

MacTarnahan said that as a developer he favored a higher density for that was more profitable.  He said the reality was that his property was across the freeway in the shadow of Washington Square and the businesses in that area were not as profitable as Washington Square.  He said he would like to see the property restrictions enacted at the proper time and that time was not now.   He stated that many factors in this area have to change before it would support some of these ideas. 

Coun. Doyle urged staff and MacTarnahan to stay in coordination through this process,  for there would be ample opportunity to develop good ideas for that area. 

MacTarnahan asked if the City of Beaverton had to accommodate the City of Tigard.

Coun. Doyle responded that Beaverton could plot its own destiny.

Coun. Stanton explained that the Council considered this issue at a work session in July and decided it was not necessary to take action at that time.  She said the recommendation for Agenda Bill 07182 was that Council directs the Mayor to begin the process to study this issue.  She assured MacTarnahan that he and other stakeholders would be involved and the process would not be rushed.  She said there would be no surprises along the way for anyone. 


Coun. Stanton said that on Thursday, August 23rd, the Westside Economic Alliance was holding a breakfast forum on the Funding of Urban Form Infrastructure. 


There were none.


Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the Consent Agenda be approved as follows:

07179  A Resolution Declaring the 2007 Fire Prevention Code of the Tualatin Valley Fire and Rescue District Effective Within the City of Beaverton and Repealing City of Beaverton Resolution 3800 (Resolution No. 3907)

07180  Authorize Additional Funding for a Professional Services Contract with Outside Counsel to Provide Legal Review and Consultation

07183  A Resolution Expressing the City of Beaverton’s Opposition to Using Urban Renewal and Tax Increment Financing to Pay for Needed Infrastructure Improvements in North Bethany and Other Urban Expansion Areas (Resolution No. 3906) (Resolution was carried over from meeting of 08/13/07)

Contract Review Board:

07181  Waiver of Sealed Bidding – Purchase Seven Vehicles From the State of Oregon Price Agreement
Question called on the motion.  Couns. Arnold, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED.  (4:0)  Coun. Dalrymple voted no on Agenda Bill 07183.

Coun. Dalrymple explained he had voted no on Agenda Bill 07183, Resolution No. 3906 which expressed the City’s opposition to using Urban Renewal financing for infrastructure improvements in North Bethany because he preferred to let the process work.  He said he wished to let the County stakeholders determine what they needed to do and then the County could advise the City on its needs.  He added the County would discuss this on August 21st. 

Coun. Arnold said she agreed with Coun. Dalrymple that it was a bit early to oppose any proposal, but she did not think it was too early to express concerns with certain options.  She said this resolution expressed these concerns and she agreed with that intent so she supported it.


07182   A Resolution Directing the Mayor Regarding Interim Zoning for Beaverton’s Part of the Washington Square Regional Center (Resolution No. 3908)

Mayor Drake noted the Council held a work session on this issue in July.

City Attorney Alan Rappleyea said the Comprehensive Plan and the Zoning Map have different designations for this area.  He said the intent of this resolution was to direct staff to develop interim Zoning Map regulations for this area. 

Mayor Drake explained the interim period was undetermined at this time.

Coun. Stanton said she wished to confirm that this resolution would develop a list of prohibited uses in a Regional Center and it would direct different development and design standards than those prescribed by the base zone. 

Rappleyea confirmed that that was the direction given in this resolution.

Coun. Stanton asked if this would come back to the City Council prior to its being presented to the Planning Commission.

Mayor Drake said he spoke with Coun. Stanton and she wished to see the direction of the recommendations, so that the Council could submit its comments.  He agreed that a progress report could be brought to Council for review and comment.

Rappleyea agreed this could be brought to Council first.

Coun. Stanton said that she wanted the opportunity for Council comment for the Council was not in full agreement on what should transpire in that area.  She said it was incumbent on the Council to see the report before it goes to the Planning Commission.

Mayor Drake clarified that the progress report would not be considered in a hearing process, nor would it be a final stop prior to going to the Planning Commission.  He said normally this would go to the Planning Commission first, but because this came to Council under general direction, he agreed that it made sense to bring this back to Council to have the initial discussion.

Coun. Stanton said she felt it was necessary that this come to Council first if the City was going to go in a different direction than what it previously committed to for the Washington Square Regional Center.

Coun. Dalrymple said that at the work session he was against proceeding with this.  He said he did not support preserving the Regional Center designation for Washington Square for the City was entering a visioning process and had other priorities.  He said the City had little funding and needed to figure out the best use of those limited funds.  He said the City needed to concentrate on identifying downtown Beaverton and the more  the City looked at fringe areas would take away from the downtown.  He said it would be wiser to spend the funds on the downtown.

Coun. Doyle said he would support this resolution.  He said the City was not obligated to spend money on this process and this complemented the visioning for a regional center.  He said it was a good idea to look at this area as a regional center and all the economic good it could bring.  He said though funds were not available to construct the needed transportation improvements for that area, it was important to keep the vision and see if the City could help make this work for everyone. 

Coun. Arnold said she wished to receive more information on this issue since there were practical and legal concerns that have to be addressed.

Mayor Drake said all of the Councilors shared the right answers.  He agreed with Coun. Dalrymple that funding was limited; a finite amount of money was projected for the next 20 years and only 40% of the needed transportation dollars have been identified.  He said on the other side, the City participated heavily in the Washington Square Regional Center process and there was a great deal of industrial land in the area surrounding Washington Square and having Council take a hard look at that area would be the right thing to do.  He agreed with Coun. Doyle that the City did not have to spend funds on that area.  He said the City had not completed its job initially through the Washington Square process and this would complete that task; it would not obligate the City to anything in terms of short-term infrastructure improvements.  He said everyone was right in the sense that the City had not finished its job in that area and now it could do so. 

Coun. Dalrymple said the City was beginning a long visioning process on what Beaverton would look like in the future and looking at this area individually, and not as part of the larger visioning process could be a mistake.  He said he did not know how long this would take if this resolution was adopted by Council.  He stressed this area should not be considered individually; it should be part of the bigger plan. 

Coun. Stanton said the City was a partner with Tigard and Metro over the Regional Center but she agreed with Coun. Doyle that the City needs to start the process.

Coun. Stanton MOVED, SECONDED  by Coun. Arnold, that the Council adopt Resolution No. 3908 Directing the Mayor to Initiate Legislative Text and Map Amendment Processes to Adopt and Apply an Interim Washington Square Regional Center Overlay District.  Couns. Arnold, Doyle and Stanton voting AYE, Coun. Dalrymple voting NAY, the MOTION CARRIED.  (3:1)

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinance embodied in Agenda Bill 07184 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, Doyle and Stanton voting AYE, Coun. Dalrymple voting NAY, the MOTION CARRIED.  (3:1)

First Reading:

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

07184  An Ordinance Amending Chapter 2 of the Beaverton City Code to Adopt Procedures for Reviewing Candidate Statements in City Voter’s Pamphlet (Ordinance No. 4452)

Second Reading:

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

07150  An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map to Apply the City’s Neighborhood Residential Standard Density (NR-SD) Plan Designation and Ordinance No. 2050, the Zoning Map, to Apply the City’s R-7 Zone to Property Located at 12730 SW Fairfield Street CPA 2007-0013/ZMA 2007-0013 (Ordinance No. 4444)

07173  An Ordinance Adding Chapter 8.07 of the Beaverton Code, Regarding Residential Property Maintenance (Ordinance No. 4448)

07174  An Ordinance Amending Ord. 4187 Figure III-1 the Comprehensive Plan Land Use Map to Apply the City’s Neighborhood Residential Medium Density (NR-MD) Plan Designation and Ord. 2050 the Zoning Map to Apply the City’s R-2 Zone to One Property Located in Northeastern Beaverton CPA 2006-0009/ZMA 2006-0012, City of Beaverton Applicant (10925 SW Fifth Street) (Ordinance No. 4449)

07175  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 on the North and East Side of SW Merlo Drive Between SW 170th Avenue and SW Merlo Road, and South of the Westside Light Rail Transit Line; CPA 2007-0012/ZMA 2007-0011 (Ordinance No. 4450)

07176  ZMA 2007-0015 Greenway Park Zoning Map Clean-Up (Ordinance No. 4451)

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the ordinances embodied in Agenda Bills 07150, 07173, 07174, 07175 and 07176, now pass.  Roll call vote.  Couns. Arnold, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (4:0)


There being no further business to come before the Council at this time, the meeting was adjourned at 7:38 p.m.

Sue Nelson, City Recorder




Approved this 10th day of September, 2007

Rob Drake, Mayor