BEAVERTON CITY COUNCIL
REGULAR MEETING
JULY 11, 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, July 11, 2005, at 6:34 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, Police Chief David Bishop and Deputy City Recorder Catherine Jansen.

PRESENTATIONS:

05115 Metro Goal 5 Update

Mayor Drake welcomed Metro Councilor McClain and explained this presentation would be a general update on Metro Activities.

Metro Councilor Susan McLain thanked the Council, staff and citizens of Beaverton because they were part of the successful Green Spaces Program that was initiated in 1995; the program was now entitled Open Spaces, Treasured Places. She said in September Metro would have a tenth anniversary celebration of this program. She reviewed the history of the program; in 1995 the voters passed a bond measure of $135,000,000 which was used to purchase over 8,000 acres for the public trust. She said many of the sites purchased were in Beaverton, including Cooper Mountain. She said many worked on the Cooper Mountain Master Plan and it would be one of three targeted areas that will be opened to the public soon.

McLain said Metro achieved three goals in developing these open spaces. She said the first goal was economic vitality; people were likely to move into neighborhoods with open space areas. She said the second goal was to work with other agencies as partners to address clean water and clean air issues. The final goal was to create natural spaces and open areas for recreation. She said the 8,000 acres that were purchased helped achieve these goals and were the base for acquiring additional land in the future.

McLain said a variety of events would be held throughout September to celebrate the anniversary including bicycle and walking tours, a kickoff dedication on September 1, a Grandparents Day Pancake Breakfast at Elmer's Restaurants and a Harvest Fair on Sauvie Island. She said additional information would be available on the Metro Web site. She invited everyone to these events.

McLain distributed to Council two Metro publications; Promises Made, Promises Kept which was about the land purchased with the green spaces bond levy and Green Scene which lists activities offered in the region to help people discover nature in their neighborhoods. She asked that Councilors submit their comments to Metro about the green spaces program and what they would like to see added or changed if the 2006 bond measure is approved by the voters.

Coun. Stanton asked McLain if a dollar amount had been set for the November 2006 bond measure.

McLain replied a final figure had not been set; Metro was conducting a citizen survey to determine what funding range would be acceptable to the voters. She said once the survey was completed and a range determined it would be shared with all the partners of the Metro Policy Advisory Committee. She said she did not think it would be less than what was requested last time and possibly not a lot more than the last levy.

Coun. Stanton said there would be several other levies on the ballot in November including the Washington County Cooperative Library System, the Sheriff's Levy and possibly the Beaverton School District.

McLain said in the surveys they tested 26 different levy issues (schools, safety, green spaces, etc.) to determine what levies would be supported and the results have been very interesting.

Mayor Drake said the partnership the City had with Metro concerning the green spaces projects was excellent. He said Tualatin Hills Park & Recreation District and the City jointly purchased Lowami Hart Woods Park with their Metro Green Spaces funds. He said that turned out to be a gem for the community.

McLain agreed and said this could not be done by one party; it requires a large network of integrated partners. She said this was a good model and has been successful.

McLain said Metro has been working hard with Washington County and the Goal 5 committee to be sure they know what to do for the next step in September. She said more updates would be coming. She said a meeting was held today that Mayor Drake attended and he could give Council a briefing about that meeting.

Mayor Drake said at today’s meeting of the Tualatin Basin Natural Resources Coordinating Committee it was decided to move forward with a recommendation to each of the entities (County, Clean Water Services, the cities involved and the Tualatin Hills Park & Recreation District) for a renewed and continuing agreement to continue to work on the Healthy Streams Goal 5 Initiative. He said by voice vote, it was agreed that a new intergovernmental agreement would be brought back to each respective jurisdiction to start implementing the Goal 5 product that was approved. He said this was the beginning of the implementation of the plan.

VISITOR COMMENT PERIOD:

Pavel Goberman, Beaverton, announced his candidacy for U.S. Representative for the First Congressional District. He said the Beaverton Police Department's record states he was guilty although there was no criminal decision. He said the City promised to delete this record but it had not been done. He said in the past he reported senior citizens had to wait in line to use the adult computers at the Library when children were using them, but the computers in the children's room were not being used. He said this was not appropriate and it was mismanagement.

Coun. Stanton said she was a volunteer at the Library. She said there were times when not all the stations in the children's computer section were in use, but it was not all the time. She said she preferred to have the stations available for children for it was the Library’s policy to have them available so children would not be forced to go to the adult section. She said this was not mismanagement; it was an effort to make the Library welcoming and available to all children.

Mayor Drake said the City wants the children's computers available all of the time because they have filters for words and Web site access to certain sites that protected children from inappropriate Web sites. He said the City Council and Library Advisory Board support this policy.

COUNCIL ITEMS:

Coun. Stanton said she would not be attending the City's Picnic in the Park on Thursday, July 14, 2005, as she would be out of town.

Coun. Bode said on July 1, 2005, the Tualatin Hills Park & Recreation District and the Junior Baseball League sponsored a baseball tournament for the Fourth of July to celebrate freedom and America's favorite pastime, the ball game. She said she had attended and over 70 teams participated. She said the teams were from Oregon, Washington and Idaho; the teams used the different baseball parks around town. She said it was a very positive community event.

 Coun. Doyle said this weekend there would be 225 soccer teams from a dozen states and several countries for a four-day soccer event. He said this was a big event and it would not have happened without the work of the Tualatin Hills Park & Recreation District. He said the economic impact of this event was significant.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of Regular Meeting of June 20, 2005

05131 A Resolution Expressing the City of Beaverton's Election to Receive Distribution of a Share of Certain Revenues of the State of Oregon for Fiscal Year 2005-2006, Pursuant to ORS 221.770 (Resolution No. 3825)

05132 Boards and Commissions Appointment - Michelle Sterkowicz to Beaverton Arts Commission

Contract Review Board:

05133 Exemption from Competitive Bids and Authorization for Sole Source/Brand Name Purchase of 4 New 3M Model V-3 Series Self-Check Machines and Transfer Resolution (Resolution No. 3826)

Coun. Stanton said she would abstain on the minutes of June 20, 2005, as she did not attend that meeting.

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

PUBLIC HEARINGS:

Contract Review Board:

05134 Public Hearing for Exemption from Competitive Bidding; Consider Testimony and Findings and Approve Exemption; Approval and Authorization of Mayor to Sign Agreement; Authorization of Expenditures and Appropriation for Construction of Summer Creek Sanitary Sewer Relocation Project

Engineering Director Tom Ramisch introduced the engineering staff who worked on this project and offered to answer Council questions.

Coun. Stanton asked about the time crunch on this project. She said she understood there was a narrow construction window. She asked what caused the delay from when the engineer's report was approved last November to the present, so that the normal bidding process could not be accommodated.

Utilities Engineer David Winship said there wasn’t any "foot dragging" from when the engineer's report was approved in November. He said the consultant started the work right away, initial borings were done, it was a complicated design requiring many television inspections of the line, and then additional borings had to be done He said a U.S. Corps of Engineers permit was required for this work and that took a substantial amount of time. He said from beginning to end, staff was working on the project, but it did take time.

Coun. Stanton confirmed with Winship that if the City put this project out for bid it would have missed the construction window. She said it was very unusual not to put a project out for bid.

Mayor Drake said the damage that was inflicted upon the pipe from the 1996 flooding was very unusual. He said considering the piping was going to have to be changed anyway because of the expansion of the Urban Growth Boundary, this was an opportunity to do the work that needs to be done on the relocation of Barrows Road. He said the City could not proceed with the final design until the Corps of Engineers approved the project and issued the permit. He said the pipe would be 25 feet deep which was highly unusually and very costly in terms of the shoring that will have to be done and the uncertainty of the strata underneath the old quarry site. He said the contingency may be generous but they would not have to come back and it would not be spent if it was not needed.

Coun. Stanton said she didn’t have a problem with this agenda bill or with the exemption; she just wanted to unders tand the time lag that occurred from last November until the present.

Winship added that upon completion of the sewer project a new linear park would be built. He said there were coordination issues with the Progress Ridge contractor needing to get that work done and then having the potential conflict of two different contractors trying to build the linear park. He said he doubted they would have recommended any other method for completing this project.

Coun. Stanton said the City had to get a Service Provider Letter from Clean Water Services, the Department of State Lands had to be informed, and the U.S. Army Corps of Engineers had to approve the project and issue the permit. She said there was a great deal of coordination that had to take place.

Coun. Doyle confirmed with Winship that the Corps of Engineers issued the permit. He asked if staff felt sure the work would be completed by the September 15, 2005, deadline.

Winship replied staff anticipated there would not be a problem with meeting that deadline.

Mayor Drake opened the public hearing and asked for public testimony.

There was no testimony.

Mayor Drake closed the public hearing.

Coun. Stanton MOVED, SECONDED by Coun. Bode, that Council, acting as the Contract Review Board, authorizes the Mayor to sign an agreement with Polygon Northwest in a form approved by the City Attorney, which includes a price not to exceed $510,004 to construct the Summer Creek Sanitary Sewer Relocation Project; and authorizes expenditure of $200,000 budgeted in FY 2005-06 and direct the Finance Director to include two appropriations totaling $412,004 from the Sewer Fund (General; and Dedicated, System Development Charges) Contingencies in the first supplemental budget of FY 2005-06 as shown in the Funding Plan attached to Agenda Bill 05134. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

ORDINANCES:

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinance embodied in Agenda Bill 05135, 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, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

First Reading:

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

05135 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 14615 SW Walker Road; CPA 2005-0005/ ZMA 2005-0006 (Ordinance No.4359)

Second Reading:

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

05130 An Ordinance Annexing One Parcel Located at 11845 SW Walker Road to the City of Beaverton: Annexation 2005-0006 (Ordinance No. 4358)

Mayor Drake said this was a voluntary annexation requested by the property owner.

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the ordinance embodied in

Agenda Bill 05130 now pass. Roll call vote. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

RECESS:

Mayor Drake called for a brief recess at 7:11 p.m.

RECONVENE:

Mayor Drake reconvened the meeting at 7:24 p.m.

EXECUTIVE SESSION:

Coun. Bode MOVED, SECONDED by Coun. Doyle, that Council move into executive session in accordance with ORS 192.660(2) (h) to discuss the legal rights and duties of the governing body with regard to litigation or litigation likely to be filed. Couns. Arnold, Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

The executive session convened at 7:24 p.m.

The executive session adjourned at 9:35 p.m.

The regular meeting reconvened at 9:35 p.m.

ACTION ITEM:

Coun. Doyle MOVED, SECONDED by Coun. Stanton to retain outside legal counsel for the Mayor, the City Councilors and staff as individuals, to represent them in legal matters, with appropriate funding not to exceed $25,000, at this time. (5:0)

ADJOURNMENT:

There being no further business to come before the Council at this time, the meeting was adjourned at 9:36 p.m.

APPROVAL:

Approved this 18th day of July, 2005.

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Rob Drake, Mayor