BEAVERTON CITY COUNCIL
REGULAR MEETING MINUTES
OCTOBER 21, 2002
TOUR OF THE ROUND SITE:
The Beaverton City Council toured The Round site at 5:45 p.m. Present were Mayor
Rob Drake, Councilors Fred Ruby, Forrest Soth and Cathy Stanton. Councilors
Evelyn Brzezinski and Dennis Doyle were not in attendance. Also present were:
Economic Development Manager Janet Young, Engineering Director Tom Ramisch,
Community Development Director Joe Grillo, Mayor’s Executive Assistant Joyce
Storms, City Council Candidate Betty Bode, The Oregonian Reporter Dick Colby, and
City Recorder Sue Nelson.
CALL TO ORDER:
The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob
Drake in the Forrest C. Soth Council Chambers, 4755 SW Griffith Drive, Beaverton,
Oregon, on Monday, October 21, 2002, at 6:55 P.M.
ROLL CALL:
Present were Mayor Drake, Councilors Fred Ruby, Evelyn Brzezinski, Forrest Soth
and Cathy Stanton. Councilor Dennis Doyle was excused. Also present were
Assistant City Attorneys Bill Kirby and Bill Scheiderich, Finance Director Patrick
O'Claire, Community Development Director Joe Grillo, Engineering Director Tom
Ramisch, Police Chief David Bishop, Operations/Maintenance Director Gary Brentano,
Library Director Ed House, Utilities Engineer David Winship, Transportation Engineer
Randy Wooley, Engineering Technician Charlie Harrison, Building Official Brad Roast,
and City Recorder Sue Nelson
PROCLAMATIONS:
Mayor Drake proclaimed October 20-26, 2002, World Population Awareness Week.
CITIZEN COMMUNICATION:
Henry Kane, Beaverton, said that the commuter rail governmental agreement was
ambiguous in terms of liability. He suggested that any version adopted by the City
Council state that the agreement did not obligate the City of Beaverton to pay or
contribute any funds to the commuter rail project. He also stated that on October 7,
2002, he filed a public records request to look at the fluoridation file. He said he was
told that the City Attorney would be gone for a week and he was the only one who
could release the records. He said he filed a petition with the District Attorney to order
the City to produce the fluoridation documents.
COUNCIL ITEMS:
Councilor Soth reported he attended a steering committee meeting of one of the
standing committees of the National League of Cities in Ames, Iowa. He said a
number of issues were discussed including new draft guidelines for accessible public
rights of way. He said he brought back information for the Public Works Director. He
attended a meeting of the Storey County Emergency Preparedness Board and he felt
it was gratifying to see everyone working together.
STAFF ITEMS:
There were none.
CONSENT AGENDA:
Councilor Ruby MOVED, SECONDED by Councilor Soth that the Consent Agenda be
approved as follows:
Minutes of the Regular Meeting of September 9, 2002, and the Business Roundtable
of September 16, 2002
02298A
Resolution Supporting Washington County Ballot Measure 34-56 – Bond for
Washington County Fairplex Event Center (Resolution No. 3684)
02299
Commuter Rail Intergovernmental Agreement
02300
Liquor Licenses – Sushi Palace/Pizza Schmizza
02301
A Resolution Authorizing the Mayor to Sign a Letter to Metro on Behalf of the Council
Expressing the Council’s Support for Adding Land to the Regional Urban Growth
Boundary This Year for Industrial Development (Resolution No. 3685)
02302
Traffic Control Board Issue 493
Contract Review Board:
02303
Contract Change Order for Building Code Plan Review Services
Councilor Stanton said she supported AB 02299, the Commuter Rail
Intergovernmental Agreement, because the Council agreed to this project in concept
and she would continue to support the project though she had reservations.
Question called on the motion. Councilors Brzezinski, Soth, Ruby and Stanton voting
AYE, the MOTION CARRIED unanimously. (4:0)
RECESS:
Mayor Drake called for a recess at 7:05 p.m.
RECONVENED:
Mayor Drake reconvened the meeting at 7:25 p.m.
ACTION ITEM:
02304
Proposed Bull Run Regional Drinking Water Agency – Discussion of Potential
Participation by Beaverton
Mayor Drake explained he felt it was time that Council looked at this issue in more
detail. He noted Council received copies of the report and would be considering
participation in Phase III. He stressed there would be no commitment to participate,
though he felt it would be prudent to do so through Phase III.
Engineering Director Tom Ramisch noted staff would give a presentation prepared for
an upcoming Portland City Commission meeting on this subject. He explained that
two years ago Portland Water Bureau’s wholesale customers began the process to
renew their wholesale contracts with Portland. He noted the customers were seeking
more control of the Bull Run water source and Portland Water Bureau was looking for
financial support for future filtering system maintenance and expansion of the system.
He said this preliminary activity led to a proposal by Commissioner Stenn for an
evaluation of joint ownership of the entire Bull Run supply system, which lead to a long
series of committees and analysis, with public input, and the decisions were now
coming closer to determining cost.
Utilities Engineer David Winship reviewed the history of the Portland Water Bureau,
noting Portland had wholesale customers from its inception. He explained the current
wholesale customers wanted ownership certainty, after their years of participation. He
noted Portland was willing to regionalize its system to gain greater rate base certainty,
sharing of future capital costs, distribution of financial risks, economic efficiencies,
community benefit, and income for sale of assets. He reviewed the work in Phases I
and II, the participants and the public involvement process.
Winship explained the proposed Bull Run Regional Drinking Water Agency included
the Bull Run treatment and transmission system, Powell Butte Reservoir, Portland
retaining water rights and lab services. He said it would be an ORS 190 governance
system, similar to the Joint Water Commission (JWC); the board would be made up of
elected officials from each agency and would be staffed by the Portland Water Bureau.
He said the distribution system and the supply system would be separate. He noted
shares would be sold based on peak-day capacity, and there would be commitment to
future capital projects as needed. He said the system evaluation could be done
several ways and was the subject of much discussion; a value of $180 million was
arrived at through the analysis process. Portland introduced a figure of $320 million
later in the process, based on a longer depreciation of the dams. He said he thought it
would be settled somewhere between the two figures.
Ramisch noted that on pages 9 and 10 of the Implementation Plan, there was an
explanation of how Portland rationalized the value.
Winship explained the agencies wanted to know the cost. He noted there were many
deferred maintenance projects and large projects ahead and this was a way to include
these projects in the cost. He showed Council a comparison between Bull Run and
the JWC. He reviewed the improvements needed, including a water treatment plant
for Bull Bun, which was mandated by the Environmental Protection Agency (EPA). He
noted the total cost for improvements was $407 million. He reviewed the ownership
model for the supply system and how operating costs would be paid.
Councilor Brzezinski noted that earlier it was said that Portland would retain water
rights and ownership of its distribution system. She asked if that meant the pipe
system.
Councilor Soth explained what was being considered was the distribution system,
which included the Bull Run dams and the conduits (pipes that go to residential and
industrial areas). He said it did not include the conduits from Bull Run to Powell Butte,
the west-side supply line or the Columbia south-shore well lines. He noted that water
rights were those rights granted to Portland through the Federal government.
Winship explained, for clarification, that in Washington Park there were open
reservoirs. Portland would not sell its park system, but in cases like this it would retain
ownership and the Agency would operate the system.
Winship explained the process was set up by electing how much each entity would
buy. He noted that the rational for Beaverton was to select two numbers. First,
Beaverton currently owned 15 million gallons per day in the JWC treatment. Second,
an additional seven million gallons per day would be needed to meet projected peak
days by the year 2020. The seven-million-gallon figure was needed to meet the
projected 20-year growth. He noted the options were to buy seven million gallons from
the JWC or from the Bull Run Regional Drinking Water Agency, or buy half from each.
Mayor Drake explained the City was on this parallel path because there was no
certainty that either would happen. He said Beaverton’s participation had not been
costly and until it was determined which one the City should ultimately invest in,
Beaverton needed to be part of both processes.
Winship reviewed the location of the Bull Run Watershed and noted it received 80-150
inches of rain per year, more than double the amount of rain received in this area. He
noted Bull Run was far more productive than the Haag Lake Reservoir. He reviewed
the location of the supply system and what would be purchased by the Agency to
make up the supply system. He compared the location of Bull Run to that of JWC, and
showed that Bull Run was not that far away from Beaverton.
Winship reviewed costs for buy-in and future facilities, noting it would cost the City
$13.7 million over a number of years. He said there were options available, such as
selling revenue bonds, or having a guarantee to be able to buy up on capacity as the
years go by. He noted all the options were not available yet.
Mayor Drake said he was opposed to buying up front. He said rather than raise rates,
he would prefer to pay off some of the City’s current bonded indebtedness.
Finance Director Patrick O’Claire reported that in 2006 the City’s refunding issue of
1992 would be paid off. He said the City’s current debt service was $1.2 million per
year; with a 4.5 interest rate, a 20-year bond would produce a $50 million bond issue.
Winship said that to pay off Portland for the existing system, the City would probably
be required to pay the buy-in on the existing system. He noted there was not enough
information to determine how this would be negotiated yet.
Winship reviewed cost comparisons for the alternatives available to purchase the
seven million gallons needed for future growth from the JWC or Bull Run Agency. He
reviewed estimated costs and noted that the costs were not firm. He concluded that
the figures showed that Bull Run was a possibility.
Councilor Soth noted that all the assumptions were based on the current membership
buying-in to the project. He said it was known that some would not participate, so the
figures could change.
Mayor Drake commended Portland for its regional approach and willingness to share.
He noted this was an innovative model and Portland still had several steps to go
through. He said this was a great example of people who were not partners coming
together, making a great effort and tough choices. He said the bottom line for the
Council was relatively inexpensive for what could be on the other side.
Winship agreed the Bull Run numbers could change; if there were fewer participants
the system would develop slower and costs extended out more than the projected ten
years. He reviewed the projected rates and indebtedness figures for Portland and
noted the schedule called for the new Agency to begin operation July 1, 2004.
Winship noted there were tasks to be finished before the draft intergovernmental
agreement was written, including development of the transition plan, legal agreements,
an agreement on the buy-in price and development of a business plan for the new
Agency. He noted consultants would be hired to do this work; costs would range from
$500,000 to $800,000. He briefly reviewed the work to be done in Phase III.
Councilor Stanton noted that she had attended an Open House where approximately
10-15 citizens attended; she asked how many citizens attended other meetings.
Winship replied that there were verbal and written comments from the public. He
noted that about 20 people attended the open house meetings.
Councilor Stanton asked about water treatment.
Winship explained that it was adjusted for pH and treated for disinfection. He noted
that Portland was required to raise the pH to neutral, because it had lead and copper
leakage from older lines which required additional chemicals.
Councilor Stanton asked if the Agency would own and maintain the new lines, or would
Portland own the lines.
Winship explained that the Agency would operate the system, but the ownership had
yet to be worked out.
Councilor Stanton confirmed on page 27B, that Beaverton’s cost was $9 million and
Tigard would pay the other $5.5 million. She confirmed that this would not involve the
sewer/storm water overflow problems Portland was experiencing. She noted water
was going to be the top issue this century and supported exploring all options.
Councilor Soth said this would be a contract arrangement, where the Agency would
operate the Portland distribution system and any other participant would have that
prerogative if desired. He stressed that for Beaverton to “put all its eggs in this one
basket” ran the risk of being without water when Mount Hood erupted again; all of
those lines would be down. He questioned if the City could do both. He noted the
expansion of Haag would probably not occur for ten years; the advantage was that it
was an existing facility and probably would not require a lot of the analysis and
designation that a new project would require. He stressed this was not a simple
question of one or the other.
Councilor Brzezinski confirmed that Councilor Soth was not opposed to the City
participating in Phase III, but that did not mean he would automatically proceed
beyond Phase III.
Councilor Soth agreed that Phase III, at its completion, would be the drop-dead point.
Councilor Brzezinski said she supported participating in Phase III and asked if staff
had an indication if all the members would participate.
Winship said he had not heard anyone say they were out. He thought Rockwood
might not participate. He noted that if three small members left, it would not have a big
impact; but if a large member left, it would have a serious impact.
Mayor Drake explained staff was looking for Council’s agreement to participate.
Winship noted all agencies were facing the same situation on the Scoggins Project.
Mayor Drake recommended that Council consider approving participation up to
$25,000 for Phase III.
Councilor Stanton said she was comfortable with the 30% participation.
Councilor Soth said this was a logical way to proceed. He said he appreciated
Assistant City Attorney Bill Scheiderich’s participation in drafting the intergovernmental
agreement.
Councilor Stanton MOVED, SECONDED by Councilor Brzezinski that Council direct
the Engineering and Financing staff to prepare a funding plan to proceed with
participation in Phase III work toward actual formation of a Regional Drinking Water
Agency, that the plan not exceed $25,000 or, if it did exceed that amount, it be brought
back to Council, and with the proviso that this would not commit the City of Beaverton
to anything more than Phase III participation. Councilors Brzezinski, Ruby, Soth, and
Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)
ORDINANCES:
Suspend Rules:
Councilor Soth MOVED, SECONDED by Councilor Brzezinski that the rules be
suspended, and that the ordinances embodied in AB 02305, AB 02306 and AB 02307
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. Councilors Brzezinski, Ruby, Soth,
and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)
First Reading:
Assistant City Attorney Bill Scheiderich read the following ordinances for the first time
by title only:
02305
An Ordinance Annexing Properties Lying Generally Outside of the Existing City Limits
to the City of Beaverton; ANX 2002-0011 (14305 SW Millikan Way Expedited
Annexation) (Ordinance No. 4230)
02306
An Ordinance Annexing Property Lying Generally Outside of the Existing City Limits to
the City of Beaverton; ANX 2002-0012 (2090 SW Cedar Hills Boulevard Expedited
Annexation) (Ordinance No. 4231)
02307
An Ordinance Annexing Property Lying Generally Outside of the Existing City Limits to
the City of Beaverton; ANX 2002-0013 (4985 SW Laurelwood Avenue Expedited
Annexation) (Ordinance No. 4232)
Second Reading:
02298
An Ordinance Relating to Nuisance Animals and Amending Beaverton Code Section
5.05.037 (Ordinance No. 4229)
Mayor Drake noted for the public that testimony was taken last week on this Ordinance
as a courtesy to people who were interested in this issue. He noted that under normal
procedures, testimony was not taken on first and second reading of Ordinances. He
stated the Council was in agreement that no additional testimony would be taken.
Assistant City Attorney Bill Kirby read the following ordinances for the second time by
title only:
02298
An Ordinance Relating to Nuisance Animals and Amending Beaverton Code Section
5.05.037 (Ordinance No. 4229)
Councilor Soth MOVED, SECONDED by Councilor Stanton that the ordinance
embodied in AB 02298 now pass. Roll call vote. Councilors Brzezinski, Ruby, Soth
and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)
Mayor Drake explained he would sign this ordinance into effect tomorrow morning and
it would go into effect thirty days from his signing.
An unidentified woman from the audience asked what that meant.
Mayor Drake explained that one of the Assistant City Attorneys could explain the
process to her.
ADJOURNMENT
There being no further business to come before the Council at this time, the meeting
was adjourned at 9:00 p.m.
_____________________________
Sue Nelson, City Recorder
APPROVAL:
Approved this 6th day of January, 2003.
______________________________
Rob Drake, Mayor