BEAVERTON CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2005

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, February 14, 2005, at 6:36 p.m.

ROLL CALL:

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, Human Resources Consultant Barbara Huson and Deputy City Recorder Catherine Jansen.

VISITOR COMMENT PERIOD:

There were no comments.

COUNCIL ITEMS:

Coun. Stanton invited everyone to visit the Beaverton City Library and view the Beaverton Arts Commission's Arts Showcase currently on display. She said the artwork was excellent.

STAFF ITEMS:

There were none.

OTHER BUSINESS:

Mayor Drake asked for a motion of continuance for Agenda Bills 05027, 05028, 05029 and 05030 (Annexation Ordinances First Reading) that were considered at the February 7, 2005 Council Meeting. He said the motion made on February 7 th unintentionally asked for a Second Reading at this meeting. He said since the record was kept open for seven days until today, there would not have been an opportunity for City staff to respond to any objections. He asked for a motion to continue the Second Readings of these ordinances to the meeting of February 28, 2005.

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the Second Reading of the ordinances embodied in Agenda Bills 05027, 05028, 05029 and 05030, be continued to the Regular Council Meeting of February 28, 2005, at 6:30 p.m. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

CONSENT AGENDA:

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

Minutes of the Regular Meeting of February 7, 2005

05032 Selection of HOME Program Option Under Washington County HOME Consortium Agreement

05033 Liquor License Renewals - Annual Renewals

05034 Boards and Commissions Appointments - Crocker and Doyle Appointments to Library Board

05035 Acceptance of Grant Award from the Metropolitan Area Communications Commission and Authorize Appropriations through a Special Purpose Grant Budget Adjustment Resolution (Resolution No. 3805)

05036 A Resolution Designating Several Parcels in the Vicinity of Cornell Oaks Corporate Center, that are Surrounded by the Corporate Boundaries of the City, to be Annexed to the City of Beaverton (Resolution No. 3806)

Contract Review Board:

05037 Bid Award – Sodium Fluoride for Fluoridation of Drinking Water

05038 Waiver of Sealed Bidding - Purchase of Mobile Data Terminals from the State of Oregon Contract #4416-PA

05042 A Resolution Establishing the City of Beaverton Purchasing Code (Resolution No. 3809)

Coun. Stanton thanked staff for answering her questions. She said she had a correction to the minutes which she gave to the Deputy City Recorder.

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

PUBLIC HEARINGS:

Agenda Bill 05039 - Contract Review Board:

05030 Request for Exemption from Competitive Bidding for Public Improvement Contracts Relating to the City's Water System (Resolution No. 3807)

Finance Director Patrick O’Claire reviewed this request for exemption and said it was similar to an exemption passed 14 months ago for the fluoride feed facility. He said this concerned the water system's critical nature and any improvements the City feels are needed to the water system. He said this would take the improvements out of a fully competitive bid process to a more modified process to protect the vulnerable portions of the water system. He said this was in conjunction with the Homeland Security Grant the City received for the vulnerability assessment on the City's water system and facilities. He said this exemption would be used soon to proceed with the improvements needed based on the vulnerability assessment from the Homeland Security Grant.

Coun. Stanton asked if these issues would still come to the Council under the Consent Agenda.

O’Claire replied if the contract was over $50,000 it would come back to Council for formal contract award. He said the solicitation process would be different than a competitively-bid process.

Coun. Bode asked O'Claire for clarification to explain the implications of Homeland Security in this bidding process.

O'Claire said under the terms of the grant, this was to provide additional protection for the City's water system. He said a vulnerability assessment was performed by an outside consultant who recommended specific enhancements to protect the system from any type of vulnerability. He said those enhancements were what the City would be selectively contracting for under this grant.

There were no other questions.

Mayor Drake opened public hearing.

There was no one present who wished to testify.

Mayor Drake closed the public hearing.

Coun. Stanton MOVED, SECONDED by Coun. Ruby, that Council approve Agenda Bill 05039, Request for Exemption from Competitive Bidding for Public Improvement Contracts Relating to the City's Water System, including the findings, and authorize the proposed exemption. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

05040 Land Use Compatibility Statement for Clean Water Services' National Pollutant Discharge Elimination System Watershed-Based Waste Discharge Permit

City Attorney Alan Rappleyea said Clean Water Services (CWS) was the co-owner of a permit for DEQ’s Stormwater Permit (MS4 Permit). He said CWS adopted the Land Use Compatibility Statement that was attached to the proposed resolution, for the entire Washington County area. He said that was appealed to LUBA by the Tualatin River Keepers. He said to resolve the suit, DEQ agreed to go to all the local jurisdictions to ask them to individually issue land use compatibility statements and make the finding that the MS4 Permit was compatible with their comprehensive plans and codes.

Rappleyea said the City staff went through the determinations and found that the MS4 Permit was compatible with Beaverton's Comprehensive Plan and Code. He said the Land Use Compatibility Statement was attached to the proposed resolution and the resolution directs the Community Development Director to sign the Land Use Compatibility Statement. He said in the past public hearings were not required for these Statements. However, subsequent decisions by LUBA have determined that these Statements are land use decisions; that was why this was being considered under the public hearing process.

Coun. Stanton asked for assurance that this would not change the way the City does business in terms of allowing construction and ensuring that all environmental controls would still be in place.

Rappleyea said the permitting process requirements would still have to be met for any development activities. He said that was clear in the findings attached to the resolution.

Mayor Drake opened the public hearing.

There was no one present who wished to testify.

Mayor Drake closed the public hearing.

Action on this item was handled under Agenda Bill 05041.

ACTION ITEM:

05041 Land Use Compatibility Statement for Clean Water Services' National Pollutant Discharge Elimination System Watershed-Based Waste Discharge Permit (Resolution No. 3808)

Coun. Ruby MOVED, SECONDED by Coun. Doyle, that Council approve the resolution embodied in Agenda Bill 05041, the Land Use Compatibility Statement, with the attached findings and authorize signature of the Discharge Permit. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

EXECUTIVE SESSION:

Coun. Stanton MOVED, SECONDED by Coun. Ruby, that Council move into executive session in accordance with ORS 192.660 (2) (d) to conduct deliberations with the persons designated by the governing body to carry on labor negotiations. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

RECESS:

Mayor Drake called for a brief recess at 6:57 p.m.

RECONVENE:

The meeting was reconvened at 6:59 p.m.

The executive session convened at 6:59 p.m.

The executive session adjourned at 7:22 p.m.

The regular meeting reconvened at 7:22 p.m.

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 7:22 p.m.

APPROVAL:

Approved this 7th day of March, 2005.

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Rob Drake, Mayor