BEAVERTON CITY COUNCIL
REGULAR MEETING
OCTOBER 13, 2003

CALL TO ORDER:

The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth City Council Chamber, 4755 SW Griffith Drive , Beaverton , Oregon , on Monday, October 13, 2003 , at 7:10 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, and Forrest Soth. Coun. Cathy Stanton was excused. Also present were City Attorney Alan Rappleyea , Finance Director Patrick O'Claire , Community Development Director Joe Grillo , Engineering Director Tom Ramisch , Operations/Maintenance Director Gary Brentano , Library Director Ed House, Police Chief David Bishop, Human Resources Interim Director Jim Hough, City Water Engineer David Winship , City Engineer Terry Waldele and City Recorder Sue Nelson .

PROCLAMATIONS:

Mayor Drake proclaimed October 25, 2003 , Make a Difference Day, and October

19 - 25, 2003, World Population Awareness Week.

Coun. Doyle announced this Saturday, October 18, 2003 , the Police Activities League (PAL) would be hosting its Annual Auction Fund Raiser at the Tiger Woods Center at the NIKE Campus at 5:00 p.m. He stated this would be a tremendous event and tickets were available by contacting Jill Showalter at the PAL Center (503-469-9137) and would also be available at the door.

PRESENTATIONS:

03225 - Presentation of Shields and Swearing In of Five Officers and One Sergeant to the Beaverton Police Department

Mayor Drake explained this was the time to swear in new officers to the Police Department and welcome them to the community.

Police Chief Dave Bishop noted it was interesting that they had a proclamation for Make a Difference Day. He thanked all those in law enforcement and assured them they would make a difference everyday.

Bishop swore in Sergeant Timothy Lowman, who was promoted to sergeant from within the agency. He then swore in new Police Officers Robert Charlton, Thomas Crino, Matthew Kingsbury, Jeremy Shaw and Keith Welch.

Mayor Drake presented the shields to all the officers.

Bishop thanked the families and friends for coming.

03226 - Water Supply Feasibility Study (Scoggins Reservoir and Tualatin River Basin ) and Related Joint Water Commission Supply Projects

City Utilities Engineer Dave Winship reviewed the Joint Water Commission's (JWC) major water projects currently underway. He noted there was an item on the Consent Agenda, for the first project, that would ask the Council to authorize an amendment to a joint funding agreement to continue funding a water supply feasibility study.

Winship delineated the JWC's water supply components. He noted there were two reservoirs that released water to the treatment plant; water was pumped to the Fernhill Reservoir, and then piped 20 miles to Beaverton for use. He said the City currently owned 2.7 billion gallons of raw water from the two reservoirs (Barney and Scoggins); 18 million gallons per day were available for use.

Winship explained the Tualatin Basin Water Supply Feasibility Study (WSFS) was to study the Tualatin River water supply and options available to increase flow to meet long term needs for cities, industries and agricultural services. He reviewed the existing supply and the demand curves, noting in about 2006 demand would be greater than supply. He noted the options recommended for study were:

1) 40-foot Scoggins Dam ( Hagg Lake ) Raise: Would add 50,000 acres feet (16.5 billion gallons). The cost was less than the cost for the 20-foot raise and it doubled the volume in Hagg Lake .

2) 20-foot Scoggins Dam Raise: Would add 26,500 acre feet (8.6 billion gallons). The cost was $2679.00 per acre foot.

3) Irrigation Exchange Pipeline from the Willamette River : Would take water from the Willamette and pump it 23 miles to the Tualatin Valley Irrigation District, for irrigation use, in trade for water owned by the District in Hagg Lake . This would produce about 25,000 acre feet (8.6 billion gallons) which would be allocated among the other users of Hagg Lake ($3840.00 per acre foot).

4) No action alternative.

Winship stated early indications were that both raises were feasible. He noted fish passage and habitat were important and discussions were occurring between the NOAA (National Oceanic & Atmospheric Administration) Fisheries and the Bureau of Reclamation. He explained the most likely project at this time was the 40-foot raise, with the Sain Creek Tunnel, and gave detailed information on the project (in record). He explained Senator Gordon Smith introduced a bill to authorize the Bureau of Reclamation to conduct certain feasibility studies in the Tualatin Basin . He said there was a legislative hearing in Washington D.C. today and Washington County Commission Chair Tom Brian testified. He explained this would hopefully provide funding for this project; $2.9 million was requested for a partial EIS.

Winship explained the Sain Creek Tunnel involved taking water from the Hillsboro treatment plant and running it through a tunnel into the Sain Creek, which was a tributary to Hagg Lake . The tunnel would be between 2.9 and 3.9 miles, based on location. He said this was important because it doubled the size of the basin that contributed water, which increased reliability and other important factors. He said the importance of the tunnel and the favorable geological conditions in that area for such a project. He said the cost was around $25 million and the City's potential share was $2 million.

Winship reviewed the JWC's Raw Water Pipeline project. He said this water transmission line ran from Scoggins Dam to the JWC Water Treatment Plant; approximately 7.2 miles. He explained this line eliminated the loss of raw water that occurred when the Tualatin River was used as the conveyance system to transport water from Scoggins Dam to the treatment plant. He noted there would be many public meetings on this project, and land acquisition was needed. He said alignment adoption was scheduled for 2004, with possible design and permitting beginning in the 2004-05 Fiscal Year. He noted the cost varied widely between $30 and $50 million, depending on the number of partners.

Winship explained Fern Hill Reservoir No. 2 was being proposed to store 27 million gallons of finished water. He said the project was in the preliminary design stage and included retrofitting the existing 20 million-gallon tank, a second pipeline from the treatment plant to the reservoirs and a new overflow drainage line. He said completion was scheduled for 2006 and the cost was $30.15 million, with Beaverton 's preliminary cost being between $5.6 and $7.5 million.

Coun. Doyle asked how raising the dam 40 feet would impact the surrounding area.

Winship explained the lake would go up and out, but most of the land was already acquired by the Bureau of Reclamation. He said there were some impacts to existing farms and homes, but they were not dramatic. He said the impacts were being studied and he did not recall that any homes would be in jeopardy. He said the people in the area were aware of the study.

Coun. Doyle asked what the impact on the land was from the raw water pipeline.

Winship replied the City of Hillsboro was managing that project and held many public meetings and many discussions with the farmers and the Tualatin Valley Irrigation District. He said there were impacts; they were trying to stay within the road right-of-way along the State Highway or near railroad lines. He said there was some crossing of farms but currently there were no outspoken critics of the project. He said the people along the potential route were contacted and knew about the project.

Couns. Doyle and Soth complimented Winship on the presentation.

Coun. Soth reported a number of property owners from that area attended the last meeting of the WSFS Steering Committee. He said the people provided some good insight to the Committee. He explained with the 20-foot rise in the dam there would not be any property acquisition because there was sufficient room. He said it affected a portion of the road, but it did not require major relocation.

Coun. Soth explained the 40-foot rise required major relocation of the road, additional property acquisition and a couple of property owners were concerned about the impact to their property. He noted the objective of this study was to increase Hagg Lake by 50,000 acre feet, or the equivalent, and said that could be accomplished by a 20-foot rise and the 20-mile pipeline from Newburg to the irrigation district. He explained Beaverton belonged to the Joint Water Consortium, with 22 other agencies, and they had an active conservation program that was followed region-wide by all the members. Regarding the bill introduced by Senator Smith, Coun. Soth explained the project first had to be authorized by Congress and then it had to go through the Appropriations Committee for funding. He said it might take a while to get the funding. He stressed now was the time to make the decisions so future costs could be projected and funding could be identified.

Mayor Drake thanked Winship for the presentation.

CITIZEN COMMUNICATIONS:

Mayor Drake said a new Hindu Temple was opening in Tigard that would serve Tigard and Beaverton . He introduced Dr. Shirish Patel, the President of the Temple , and invited him to address the Council.

Dr. Shirish B. Patel, President, Gujarati Samaj, Inc., Portland , introduced himself and his brother Pravinkumar Patel, Vice-President, Gujarati Samaj. He thanked the Mayor for the invitation to speak to Council. He explained the United States had been a multi-racial, multi-religious country since its inception. He commented on diverse cultures in the City and invited the Mayor, Council and interested citizens to join them in the opening ceremony of this Hindu Temple on SW Hall Boulevard , behind the Safeway Store. He explained this was the first Hindu Temple in Oregon . He said they were living in a great harmony in this community and they wished to invite the community to this opening the weekend of November 7, 8 and 9, 2003 (the opening of the temple would be November 8 th ). He said they were looking for a community center in this area and there were about 5,000 people in their group. He said they were all looking forward to this event.

Mayor Drake thanked him for coming and said the beauty of this country and Beaverton was that they were very diverse. He said honoring this diversity made a healthier community.

Coun. Doyle welcomed Patel to the area and said he hoped their temple would grow. He asked for the date and time of the temple opening.

Patel replied the official ceremony was November 8 th , from 4:00 p.m. to 7:00 p.m.

COUNCIL ITEMS:

Coun. Doyle announced the Beaverton Arts Commission would be hosting a fund raising dinner at the Typhoon Restaurant on Saturday, October 25, 2003 . He said tickets were available at the door or by calling Jayne Scott at 503-526-2288. He explained this was a new restaurant in The Round; he encouraged everyone to attend.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of Regular Meeting of September 22, 2003 .

03227 - Authorize Mayor to Sign Second Amendment to Joint Funding Agreement, Water Supply Feasibility Study (Scoggins Reservoir and Tualatin River Basin )

03228 - Liquor License Applications: Change of Ownership Circle K ( Cedar Hills Boulevard ), Circle K ( 158 th Street ) and Peking Restaurant

Contract Review Board:

03229 - Contract Award - Engineering Services for Phase 2 of the Hall/Watson Beautification Project - CIP Project Number 3308B

03230 - Appropriation of Funds and Award of Consulting Contract to David Evans and Associates, Inc., for Geotechnical and Structural Engineering Services on the Progress Quarry Development Project

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

PUBLIC HEARING - CONTRACT REVIEW BOARD:

03231 - Request for Exemption from Competitive Bidding

Engineering Director Tom Ramisch explained this was a request to modify the normal bidding process, to one where the City pre-qualified contractors and then invited them to competitively bid. He said this project was the addition of the fluoride chemical feed facility to the City water system. He said for the reasons outlined in the staff report and its attachments, they were requesting the modified process. He said they had applied for permits from the County and were now at the stage of lining up the bidders.

Coun. Soth asked how many firms were qualified to bid on the project.

Ramisch replied they wanted to advertise with a document that described the desired qualifications and hoped to arrive at three to five qualified contractors.

Coun. Soth said it appeared to be a selective type of project.

Ramisch said they were aware of some contractors and neighboring agencies had given them names of contractors. He said they believed there was a sufficient population of contractors to make this competitive.

Mayor Drake explained this exemption was requested to ensure the contractors met certain qualifications considering the nature of the project and to protect the water system.

City Attorney Alan Rappleyea noted the specific criteria being addressed were on page 2 of the agenda bill as follows: a) That the requested alternative contracting process is unlikely to encourage favoritism in the awarding of public contracts; b) Is unlikely to substantially diminish competition for public contracts; and c) Will result in substantial cost savings to the City. He added the findings were attached to the agenda bill.

Coun. Ruby noted one issue in past discussions was that there were several different methods for fluoridating water. He asked if there was anything in this process that pre-selected a particular fluoridation method. He said it looked like it was designed to get the best contractor who could meet the requirements that would be determined by the City.

Mayor Drake confirmed that was correct and the evaluation process on the method to use was currently on-going.

Winship explained they had discussed with Council the chemical type (sodium fluoride), which was what Tualatin Valley Water District used at its newest facility. He added the water district was converting its other two fluoride stations to sodium fluoride. He said that was proposed for this facility. He said the dose had not yet been decided and staff would return to Council on that issue.

Mayor Drake opened the public hearing at 8:15 p.m.

There was no one who wished to testify.

Mayor Drake closed the public hearing at 8:15 p.m.

Coun. Soth MOVED, SECONDED by Coun. Bode, that Council Approve Agenda Bill 03231, the Request for Exemption from Competitive Bidding, based upon the information presented in the agenda bill as well as the further explanation from staff regarding the variation from the normal competitive bidding status. Couns. Bode, Doyle, Soth and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

ORDINANCES:

Suspend Rules:

Coun. Soth MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinances embodied in Agenda Bill 03232 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 and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading :

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

03232 - 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 8605 and 8635 SW Beaverton-Hillsdale Highway; CPA 2003-0006/ZMA 2003-0008 (Ordinance No. 4271)

Second Reading with Revisions and Passage:

Coun. Soth noted there were revisions to the ordinance scheduled for second reading under Agenda Bill 03224.

Finance Director Patrick O'Claire explained these were cosmetic changes made since the first reading and requested by the bond insurer. He noted the revised text was included in the revised ordinance in the staff report.

Rappleyea explained the revisions were not substantial changes so it did not change the second reading process.

Mayor Drake agreed and ruled the Council would go through the normal second reading process.

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

03224 - An Ordinance Amending and Restating Ordinance No. 3977 Enacted by the City Council of the City of Beaverton, Oregon, on April 14, 1997; Authorizing the Issuance, Sale and Delivery of Water Revenue and Refunding Bonds, in One or More Series, in an Aggregate Principal Amount Not Exceeding $20,000,000; Authorizing the Refunding of Certain Series of the City's Outs tand ing General Obligation Water Refunding Bonds, Series 1992, Water Revenue Bonds, Series 1994, and Water Revenue Bonds, Series 1997; Declaring an Emergency; and Related Matters (Ordinance No. 4270)

Coun. Soth MOVED, SECONDED by Coun. Doyle, that the ordinance embodied in Agenda Bill 03224, now pass. Roll call vote. Couns. Bode, Doyle, Ruby and Soth voting AYE, the MOTION CARRIED unanimously. (4:0)

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 8:10 p.m.

APPROVAL:

Approved this 10th day of November, 2003.

__________________________________
Rob Drake, Mayor