APRIL 4, 2005


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, April 4, 2005, at 6:32 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Dennis Doyle, Fred Ruby and Cathy Stanton. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Engineering Director Tom Ramisch, Operations/Maintenance Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Deputy Police Chief Chris Gibson, Traffic Engineer Randy Wooley, City Utilities Engineer David Winship and Deputy City Recorder Catherine Jansen.


05066 APP 2005-0002 Appeal of Garden Grove PUD; Conditional Use Approval (CU 2004-0021)

Mayor Drake said a public hearing was scheduled for this meeting on Agenda Bill 05066, APP 2005-0002, Appeal of the Garden Grove Planned Unit Development (PUD); Conditional Use Approval (CU 2004-0021). He said the Council was asked to continue the hearing to May 2, 2005. He asked Joe Grillo, Community Development Director to explain the reason for the continuance.

Grillo said it was discovered today that what was accepted by the City, and what the applicant had unintentionally applied for, was a Preliminary Planned Unit Development (PUD) to go along with their Land Division and Tree Planting Plan. He said upon conferring with the applicant he thought the applicant's intention was that they were applying for a Final PUD. He said since the application was processed and noticed as a Preliminary PUD for the Planning Commission hearing and for the appeal to Council, staff asked the applicant for their preference. He said the City received a request from the applicant, Ms. VanLoo, CES NW, for a continuance of the public hearing concerning the appeal to May 2, 2005. He said this would allow the City to readvertise for a Final PUD that would be heard as a full public hearing on May 2, 2005. He said the City would renotify all parties involved and the Council would hear the application in full on May 2, 2005. He said the applicant gave the City additional time through May 20, 2005 to review the findings and Council determination. He said everyone within 500 feet would be renotified, along with any parties of record and this would be brought back to Council as a full public hearing on May 2, 2005.

Mayor Drake opened the public hearing on APP 2005-0002 Appeal of Garden Grove PUD, Conditional Use Approval (CU 2004-0021), and asked the City Council for a continuance to May 2, 2005.

Coun. Bode MOVED, SECONDED by Coun. Stanton, that Council grant a continuance to the Garden Grove PUD, Conditional Use 2004-0021, to the City Council Regular Meeting of May 2, 2005, at 6:30 p.m.

Coun. Arnold asked if the City needed a time extension concerning the 120 day deadline and if that was part of the motion.

Mayor Drake replied this request was from the applicant and it allowed sufficient time for Council consideration, findings and determination, before May 20, 2005. He said it allowed 18 days after the public hearing for processing and final action. He said it protected everyone's rights.

Coun. Arnold asked if the 120-day period would end on May 20, 2005.

Mayor Drake said that by asking for the continuance, the applicant preserved their right to be heard and preserved citizens' rights to comment on the application. He said the appellant would be fully vested to come to the hearing on May 2, 2005, and present their case to the Council to grant the appeal. He said this extended the Oregon law requirement that an application be processed within 120 days. He said since the applicant voluntarily agreed to this, the City would have until May 20, 2005, to finish this application. He repeated everyone was protected by this action.

Coun. Stanton confirmed with Mayor Drake that everyone who submitted written or oral testimony regarding this issue would be renotified of the May 2 hearing.

Question called on the motion. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


Mayor Drake proclaimed April 10 - 16, 2005, as Paralyzed Veterans of America Week.


There were none.


Coun. Arnold said the Washington County Cooperative Library System (WCCLS) was sponsoring National Family Story Telling Festival Events at the local libraries during the month of April. She said Beaverton's Story Telling Event was scheduled for April 16, 2005, at 2:00 p.m.

Coun. Stanton said this Thursday, April 17, 2005, at the Beaverton Library, Nancy Ponzi from Ponzi Vineyards, would be speaking about the wine industry and its influence on Beaverton's history and future.

Coun. Stanton invited the Council to attend Community Action Organization's Spirit Awards Dinner at the Tiger Woods Center on the Nike Campus, on Wednesday, April 13, 2005. She said this would be an excellent presentation about Community Action's programs and services.


There were none.


Mayor Drake said Agenda Bill 05063, Traffic Commission Issue TC 573, was being pulled for separate consideration at request of Coun. Stanton

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

Minutes of the Regular Meeting of March 28, 2005

05062 Liquor License Application: Change of Ownership - Bugatti's; New Outlet - Restaurant Max

05063 Traffic Commission Issue No. TC 573 - Pulled for separate consideration.

05064 Authorize Mayor to Sign Third Amendment to Joint Funding Agreement for IWRM Water Supply Feasibility Study (aka Tualatin Basin Water Supply Project) - Pulled for separate consideration after Work Session.

05067 A Resolution Approving Transfer of Appropriation Within the General Fund of the City During the FY 2004-05 Budget Year and Approving the Appropriations for the Fund (Resolution No. 3812)

Coun. Stanton said she had one minor correction to the minutes which she gave to the Deputy City Recorder.

Mayor Drake pulled Agenda Bill 05064, Authorize Mayor to Sign Third Amendment to Joint Funding Agreement for IWRM Water Supply Feasibility Study, for consideration after the work session.

Question called on the motion. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

05063 Traffic Commission Issue No. TC 573

Coun. Stanton said this issue involved adding a center turn lane to SW Greenway between Albertson's and SW Downing Drive. She said the Traffic Commission approved this action and she asked that this item be pulled because she was concerned about this recommendation.

She said she lived off SW Davies, that feeds onto SW Greenway, and to go to Albertson's she has to make a left turn onto SW Greenway. She said particularly in the morning and evening peaks it was problematic to make that turn.

Coun. Stanton said staff stated the center turn lane would provide a refuge for vehicles entering the flow of traffic from driveways and intersections. She said since the only driveways on SW Greenway were for the apartments at the north end of Greenway, why would the center turn lane need to run from Albertson's to SW Downing. She said her greatest concern was that the center turn lane would be used as a refuge for side-street traffic to enter onto SW Greenway, at the same time it is a refuge for traffic making left-hand turns. She said she was concerned about the refuges between SW Steamboat and SW Davies, and SW Davies and SW Murphy, because when trying to access SW Greenway from SW Davies, or trying to turn left onto SW Davies from SW Greenway, it could lead to a head-on collision. She said this happened to her eight years ago. She said people would use the center turn lane, especially during the evening peak, to queue for a left turn onto SW Murphy. She said the current sight distance and curve of SW Greenway make it difficult to view any vehicles in the center turn lane trying to queue for a left turn onto SW Murphy. She stressed this was a highly-traveled area. She said she agreed with Commissioner Crocker that this was a band-aid solution for the heavy traffic on SW Greenway and the real solution was to finish the SW 125th Avenue extension.

Coun. Stanton stressed she was concerned about queuing the whole length of SW Greenway from Albertson's to SW Downing. She said a queuing lane from Albertson's to SW Steamboat, to help the apartment residents, might be acceptable. She said she saw a substantial conflict between SW Steamboat and SW Windmill, and SW Steamboat and SW Davies. She said for these reasons, she would vote no on this issue.

Coun. Bode noted that 17,000 vehicles per day travel on SW Greenway. She said when one considers that SW Greenway was supposed to be a pathway for the neighborhoods to access SW Hall Boulevard or SW Murray Avenue, it could be reasoned that the 17,000 cars that travel on SW Greenway were not from those two neighborhoods. She said she checked the curve on SW Greenway and also did not feel the visibility was adequate because of the curve and the trees. She said she agreed this was another band-aid approach instead of moving ahead on the SW 125th Avenue extension.

Mayor Drake said this was driven by a citizen concern from a resident on SW Windmill. He said the City was proceeding on the SW 125th Avenue extension; Phase 1 was finished and the draft Capital Improvement Plan had funds for underground infrastructure improvement, which was Phase 2 of this project. He said this project would cost around ten million dollars, and the City did not have the funds available as yet. He agreed this project had been in the process for many years (thirty three years) but there was some movement being made on the project. He said no one testified at the Commission hearing, so he would recommend this be sent back to the Traffic Commission and that staff be given more direction on what the Council would like the Commission to review. He asked staff to comment on this issue.

Traffic Engineer Randy Wooley said the Commission discussed all of these issues; it was recognized by the Commission and staff that there were advantages and disadvantages to this proposal. He said it would cost approximately $25,000 to stripe the roadway if an outside firm was used; it would cost less if the City did the work.

Coun, Doyle said the Commission spent a lot of time on this issue. He said his biggest concern was that the left turn lane would be used to pass traffic. He asked if the Council agreed with Coun. Stanton's comments, was it necessary to send this back to the Traffic Commission or could it be handled by the Council.

Coun. Stanton said she believed the Commission's deliberation was thoughtful. She said there was a difference between enthusiastically embracing a decision or acquiescing, and she wasn't sure this wasn't more of an acquiescing to a staff proposal to meet the concern of one citizen off of SW Windmill. She said she would like to see this remanded back to the Traffic Commission with direction to restudy the length of the center turn lane.

Coun. Doyle stated this was a safety measure for many people, not just the neighborhoods on SW Greenway.

Mayor Drake agreed that as a courtesy he felt it should go back to the Traffic Commission and those who were involved in the issue should be notified.

Coun. Stanton MOVED, SECONDED by Coun. Bode, that the Council remands Traffic Commission Issue No. TC 573, Agenda Bill 05063, back to the Traffic Commission, to restudy this issue looking at center turn lane only from the Albertson's Driveway to SW Steamboat Drive.

Coun. Arnold asked if that meant the Commission would only look at the lane up to that point or may they consider it further than that.

Coun. Stanton said she was comfortable with a separate left turn queue at SW Park View Loop. She said she did not like the center turn lane going all the way down past the bridge. She said this proposal showed a long center turn lane in an area where there were no opportunities to turn either way, so she questioned why the lane was in that area. She said her greatest concern was using that queue as a through lane and the potential for collisions because of that. She said she was mostly concerned with SW Davies Road and SW Steamboat Drive; she did not want conflicts there.

Coun. Doyle said bringing the center turn lane back past the south entrance of Albertson's parking lot, makes an already difficult left turn more challenging with two lanes of traffic blocking the left turn.

Coun. Arnold asked about the section by SW Park View Loop.

Coun. Stanton said it was fine with her if the staff and Commission also looked at a left turn queue for SW Park View Loop.

Mayor Drake said the motion was to remand this issue back to the Traffic Commission and ask the Commission to look at this from south of the Albertson's parking lot down to SW Steamboat Drive, and to review the left turn at SW Park View Loop.

Coun. Stanton agreed with the Mayor's restatement of the motion.

Coun. Bode said she would like to see the Commission discuss handling the 5:00 p.m. left turn from Albertson's onto SW Greenway, with relation to safety issues.

Coun. Ruby said he was fine with this action as long as it was understood this was being remanded for further discussion and review. He said if the Commission decided to stay with this original recommendation, he would be inclined to support it.

Question called on the motion. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


Mayor Drake called for a brief recess at 7:09 p.m.


Mayor Drake reconvened the meeting at 7:20 p.m.


05065 Update of Tualatin River Basin Water Supply Project

City Utilities Engineer Dave Winship presented an update on the Tualatin Basin Water Supply Project (TBWSP) to Council. He said information on this project was included in the agenda bill that would authorize the Mayor to sign the third amendment to the Joint Funding Agreement for the IWRM Water Supply Feasibility Study (Agenda Bill 05064, also being considered by Council at this meeting).

Winship said the work on the Water Supply Feasibility Study occurred from 2001-2004 and the third amendment to the Joint Funding Agreement for the IWRM Water Supply Feasibility Study, would fund the Tualatin River Basin Water Supply Project (TBWSP) for Years 2004-2006. He said the objective of the TBWSP was development of a long-term water supply to the Year 2050. He reviewed the participants in the TBWSP and the major source options for the Water Supply Feasibility Study (WSFS) (in the record).

Winship said the WSFS showed the Scoggins Dam raise was feasible in terms of wetlands, vegetation, threatened and endangered species, fish habitat, recreation, hydrology and engineering; it was studied by project consultants. He said the Bureau of Reclamation cost estimates for the raise were: $100 million for a 20-foot raise, which provides an additional 24,300 acre feet of net usable water; and $135 million for a 40-foot raise which provides an additional 52,600 acre feet of net usable water.

Winship reviewed the property impacts of the dam raise on the tributary areas. He said water level changes were significant with some private property impacts, though no dwellings would be inundated by a forty foot dam raise, road relocation would be significant, and recreational park facilities would need to be relocated. He reviewed figures on the yield and reliability of the expanded reservoir (in the record). He said the reliability was an issue on the 40-foot expansion. He said to increase the reliability and yield for the 40-foot expansion, a raw water pipeline would be laid from the expanded dam to the treatment plant and to the Spring Hill Pumping Plant, which is the JWC and TVID intake on the Tualatin River; using this line, during high river flow, water could be withdrawn from the Tualatin River and pumped back to fill Hagg Lake. He said this would increase reliability to 93%. He said this option was preferable to the Sain Creek Tunnel because Sain Creek had a number of environmental challenges. He said the Sain Creek option was eliminated though a recommendation by the Water Managers Group and the Policy Steering Committee.

Coun. Stanton referred to the Sain Creek Tunnel and asked about the idea of pumping water from the Willamette River into Hagg Lake, co-mingling the water and then treating it.

Winship said the exchange would go directly into the Tualatin Valley Irrigation District's storage reservoir and (TVID) distribution system for irrigation; it would not be pumped directly in Hagg Lake.

Coun. Stanton said she was sure the TVID users had said they would not want to use Willamette River water on their crops.

Winship said in early discussions, the TVID exchange pipe came up as an idea and was studied. When the information on the exchange pipe was reviewed, TVID did not support the option.

Winship explained the City’s Aquifer Storage and Recovery (ASR) wells would still be available for future water supplies as mentioned in the TBWSP studies as a supply alternative. He reviewed the process and timelines for the Water Supply Project Environmental Impact Statement (EIS) (in the record). He said the final EIS and Record of Decision should be available by Summer 2006. He said at that time, the partners will need to decide whether or not to move forward with construction.

Winship reviewed the cost estimates for the City's participation in the Source Water Supply Project. He said the City's share of the costs, as currently estimated, for the Tualatin Basin Water Supply Project is $11.7 million; that included the Scoggins Dam Raise and the pumping component of the Raw Water Pipeline Pump Back from Tualatin River to Hagg Lake. He said Beaverton's cost for the Joint Water Commission's Capital Improvement Projects is $14.1 million. He said the total potential cost of all of these projects to the City was $25.8 million over the next ten years.

Mayor Drake said an important thing to remember was that the region has relied mainly on the water sources on Mount Hood. He said these projects help diversify the supply; if there was ever a volcanic event that disrupted the Mount Hood sources, there would be another supply source for the short term until repairs or rebuilding could be done.

Coun. Stanton said she appreciated those considerations on a regional view. She said at this meeting she was considering from a local view, the needs of the City, which did not include Bull Run water or access to it. She asked if the City ever had to tap into Bull Run water to meet its daily needs.

Winship replied that the City had to use Bull Run water in 2001 when there was only a half full reservoir in Hagg Lake; the City bought 300 million gallons from the City of Portland. He said the cost of that water was shared by the JWC partners.

Coun. Stanton asked if the City could ever loose its contract with the Bureau of Reclamation for Scroggins Reservoir and how often it was renewed.

Winship said his recollection was that the contract was renewed every 50 years. He said the contract was not in jeopardy. He said the Federal government had many contracts such as this with reservoirs throughout the country.

Coun. Stanton asked what "Portland Purchase" meant on the slide which showed the source options screened for the Water Supply Feasibility Study.

Winship replied it was an alternative that could be considered, in lieu of expanding the dam in the Tualatin Basin. He said the Tualatin Valley Water District had reduced by half its use of Bull Run Water since joining the Joint Water Commission.

There were no further questions.

05064 Authorize Mayor to Sign Third Amendment to Joint Funding Agreement for IWRM Water Supply Feasibility Study (aka Tualatin River Basin Water Supply Project)

Coun. Doyle MOVED, SECONDED by Coun. Ruby that Council approve Agenda Bill 05064, Authorize Mayor to Sign Third Amendment to Joint Funding Agreement for IWRM Water Supply Feasibility Study (aka Tualatin River Basin Water Supply Project); and direct the Finance Director to include the required Beaverton expenditure in FY 2005-06 of $67,619 and $155,803 in FY 2006-07 budgets to continue with the project. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


Second Reading:

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

05059 An Ordinance Relating to the Fire Code, Repealing Beaverton Code Sections 8.01.010, 8.01.033, 8.01.038, 8.01.043, and 8.01.900. (Ordinance No. 4345)

05060 An Ordinance Amending Beaverton Code Section 6.02.215 to Allow Use of Muffled Exhaust Braking on Emergency Vehicles (Ordinance No. 4346)

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the ordinances embodied in Agenda Bills 05059 and 05060, now pass. Roll call vote. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


There being no further business to come before the Council at this time, the meeting was adjourned at 8:04 p.m.

Catherine L. Jansen,
Deputy City Recorder




Approved this 11th day of April, 2005.

Rob Drake, Mayor