MAY 15, 2006


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, May 15, 2006, at 6:35 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce Dalrymple, and Cathy Stanton (arrived at 6:55 p.m.). Coun. Dennis Doyle was excused. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard , Finance Director Patrick O'Claire, Community Development Director Joe Grillo , Public Works Director Gary Brentano , Library Director Ed House, Human Resources Director Nancy Bates , Deputy Police Chief Chris Gibson, Project Engineer Brion Barnett , Utilities Engineer David Winship and City Recorder Sue Nelson .


06078 Beaverton Human Rights Advisory Commission (HRAC) Human Rights Essay Contest Award Presentation

Esther Griffin and Sierra Redwine, Beaverton Human Rights Advisory Commission (HRAC) members, introduced themselves and said they served as the Commission's Essay Contest Subcommittee. Griffin said this was the second year the HRAC held the Human Rights Essay Contest and 70 entries were received. She reviewed the process for the contest. She recognized the winner and runners-up for each category. The winners received a $50.00 gift certificate for Powell's Books; the runners-up received a $25.00 gift certificate for Powell's Books. The winners performed their pieces. The winners and runners-up were:

Elementary School Level :

Winner: Ryan Rothstein, Grade 5, for his poem " I "

Runners-up: Brianna Getchell, Grade 5, for her poster " No Different, In Ways" and Drew Wilson and Robbie Stackhouse, Grade 5, for their human rights documentary film " No Irish Allowed"

Middle School Level :

Winner: Franklin Chen, Grade 8, for his poem " An African ."

Runners-up: Evan Henderson, Grade 8, for his essay " Courage" ; and Tony Athanasakos, Grade 8, for his essay " Human Rights"

High School Level :

Winner: Kyle Parisi, Grade 12, for his song " For the Rights of Man"

Runners-up: Franchesca Mazzarri-Valverde, Grade 9, for her poem " Our Angel Glenn Michael Parry ; and Sasha Boyechko, Grade 11, for her essay " Human Rights in Decline"

Griffin thanked the contestants and invited everyone to join in the reception in the First Floor Conference Room to view the artwork submitted by the contestants.

Mayor Drake thanked the HRAC and the students who took the time to participate and share their thoughts. He said young people have great thoughts and a strong conscience. He said they should all be very proud.

Coun. Arnold , on behalf of herself and Coun. Doyle who had to leave, thanked all of the contestants for their works and thoughts.

Mayor Drake said the Visitors Comment Period would be heard at this time.


James Maguire, Beaverton , said he was a registered voter and homeowner in Beaverton , a former commissioned officer in the US Navy and a graduate of the Naval Academy in Annapolis , Maryland . He asked the City Council for a thorough investigation into the Primary Election filing statements submitted by City Council Candidate Bob Burke. He said in response to his request to the City Recorder for clarification of Burke's education, rank and billets held, Burke replied: "During my career, I had a number of titles including Chief Communications Officer on the USS Georgia a Trident submarine." Maguire said there was no such billet or job title on board a US Navy Trident submarine. He said in his experience in the Navy, the billet or job title on US Navy submarines and surface ships, was Communications Officer, commonly called the Commo or the Coms Officer. These are commissioned, warrant or limited duty officers. He said in his career he never heard anyone referred to as a Chief Communications Officer.

Maguire said he personally contacted the Office of the Commander at Submarine Group 9 in Bangor, Washington and the USS Kentucky, a sister ship to the Georgia, also a Trident submarine. He said neither the Master Chief Petty Officer nor the Lieutenant on duty at ComSub Group 9, had ever heard of the title Chief Communications Officer. He said the Petty Officer on the USS Kentucky stated that Trident submarines have a Communications Officer; on the USS Kentucky this position is currently held by a Lieutenant.

Maguire said that the Voter's Pamphlet filing form asked for the complete name of the school, using no acronyms. He said Burke stated "Navy Campus." Maguire said he personally contacted the Navy College Office at Naval Station Kitsap in Bangor . He said the gentleman who answered the phone confirmed that the Navy Campus does not bestow college degrees or any type of degree. He said the Navy Campus coordinates tuition assistance and administers courses at sea. He said the degrees are bestowed by accredited universities or colleges whose courses these sailors have completed.

Maguire said he believed these obfuscations were meant to deliberately mislead the public and the Beaverton voters in regard to Burke's qualifications, military records and education. He asked that the City investigate Burke's stated qualifications completely. He distributed copies of the Web site pages from the US Navy College at Sea Program, that explained how the College partners with regionally-accredited colleges and universities, and the different degrees offered through the various universities and colleges. He stressed the degrees were awarded from accredited colleges, not the Navy Campus. He said as a citizen of Beaverton who has been involved in making Beaverton the best community possible, he was concerned that Burke was not being completely honest in his filing information regarding education since the Navy Campus does not award bachelor degrees. He asked that the City Council investigate this matter.

Mayor Drake asked the City Attorney to explain the Voter's Pamphlet statement requirements in the Beaverton Charter and his thoughts on this issue.

City Attorney Alan Rappleyea said the Charter requires the City to provide a Voter's Pamphlet. He said the Charter also states that "If the Council finds that there was a material misstatement of fact published in the City Voter's Pamphlet which was submitted by or in behalf of a person nominated or elected to the Council, the nomination or election of that person is nullified." He said typically the City does not care what people write in their pamphlet statement; the City does not edit for content at all. He said if someone complains, the City has to investigate and see if there is a material misstatement of fact. He said that was the case in the current situation. Maguire filed a complaint and the City Recorder asked Burke to clarify his statement. He said Burke responded to the complaint and Maguire was not satisfied with the answers. He said it was now being presented to the Council and staff was seeking direction from the Council.

Coun. Stanton said that she would like to know what questions the City Recorder had asked Burke and how he had responded.

Rappleyea distributed that information to Council.

Mayor Drake confirmed with Rappleyea that the City Recorder sent two letters to Burke requesting clarification and written proof of Burke's educational background and rank in the US Navy as requested by Maguire and Burke did not supply that information. He asked Maguire if he was requesting that the Council direct the City Attorney to investigate Burke for verification or proof of what he alleged in the Voter's Pamphlet statement.

Maguire said that was correct; he wished to know Burke's rank or rate in the Navy, what billet titles he held and in what field he received his Bachelor of Science Degree and from what college or university.

Coun. Stanton said when she read Burke's Voter's Pamphlet statement she wondered what Navy campus Burke graduated from.

Maquire said the US Navy has only two accredited universities; the Naval Post Graduate School in Monterey , CA and the Naval Academy in Annapolis , MD.

Coun. Stanton said she felt these concerns were legitimate. She said in looking at the material from Rappleyea, Burke had not been responsive to the City Recorder's questions. She said she would like to move forward on this for clarification. She said in cases such as this, when someone who has knowledge about the subject comes forward to ask that it be investigated; it behooves the Council to do that.

Mayor Drake asked Maguire about Naval ranks. He said a commissioned officer was a certain rank and a chief was a non-commissioned officer.

Maguire said there were three levels of chief; a chief, a senior chief and a master chief. He said those were the three highest levels in the enlisted ranks. He said commissioned officers go from ensign to admiral. He said there were warrant officers and limited duty officers who are commissioned, but it is a limited commission; they are not a line officer. He said it was possible for a warrant officer or limited duty officer to serve on a Trident submarine. He said in his letter, Burke capitalized Chief Communications Officer. He said in his own experience and in SubCom 9, no one had heard of that title on board a submarine, much less a Trident submarine.

Mayor Drake asked if in Navy parlance, the status level is that an officer would command a broader command and would be in charge of any chiefs.

Maguire said that was correct. He said on a Trident submarine there are usually 13-15 commissioned officers and the rest (130 plus) are the enlisted ranks.

Mayor Drake said that according to the Charter, it has to be a material misstatement. He asked how different a non-commissioned officer was from an officer, and if that was material.

Maguire said his concern was that Burke had not provided information on his rate (if he was enlisted) or rank (if he was an officer) at all. He said he (Maguire) was a Lieutenant JG; that was his rank in the Navy. He said he was also concerned about Burke's statement that he received his bachelor's degree from the Navy Campus. Maguire said in all the research that he did and in all the calls to the Naval Campus that statement was blatantly false; the Navy Campus does not bestow a bachelor's degree. He said it would come from the college or university from which he took classes.

Mayor Drake asked Rappleyea if it would be appropriate to have the City Council ask the City Attorney to investigate what Burke stated in the Voter's Pamphlet and whether it was accurate.

Rappleyea replied the City Council is the arbiter of what goes in the Voter's Pamphlet and whether it is a misstatement or not. He said his office could do some research on this and report back in a week or two.

Maguire said his expectation was that Burke would have to provide that type of information for any employer within the city who may request a resumé. He said Burke's voter's pamphlet statement filing had not met that level.

Coun. Arnold said this was serious considering the Charter states that if they determined there is a material misstatement the nomination or election of that person is nullified. She said in this case, this would be after the fact. She asked if there was some legal definition for "material misstatement."

Rappleyea said there was a legal standard. He said this was just a preliminary investigation at this time. He said if it was determined that action was needed, more information would be provided to the Council on the s tand ards and options available.

Coun. Stanton said she thought a material misstatement of fact was something put down to mislead. She said if something in the Voter's Pamphlet was incorrect or unclear, that would fall under the category of material misstatement until it was possible to make a clear determination. She said she wanted to see Burke's degree and discharge papers.

Maguire said she would want to see form DD214; that was the discharge papers.

Coun. Stanton said she was quite concerned. She said she did not believe this issue had come up for 20 or 30 years, if ever.

Mayor Drake said the Charter was approved around 1980, so that was the timeline on that issue.

Coun. Dalrymple said there had been a challenge. He said rather than declaring a guilty sentence, the process should be played out. He said Council should get the proper documentation to determine the truth and then move on.

Coun. Bode said she would recommend that the City pursue the questions put forth regardless of the outcome of the election and that it be part of the public process. She said anyone running for public office puts themselves at a level that is more open and honest. She said the other candidates supplied the required information. She said all of the Council's academic degrees are public information and represent who they are and how prepared they are for the position. She said regardless of the outcome of the election, she wanted this brought back to Council as part of the public process.

Coun. Arnold asked if there was any point in continuing the investigation if Burke loses the election.

Coun. Bode said since this was someone who wants to represent the public, she wanted to see if this document that was submitted for the public is accurate, regardless of the outcome of the election. She said she wants to see if the candidate was totally open and honest with the information he put forth.

Mayor Drake said they were all on the mark and it sounded like there was broad agreement for the City Attorney to investigate the issue. He said the City Attorney could be back in a week or two with an update and then Council could decide what action to take. He said it was a tough issue and Coun. Dalrymple's point, that this was simply an inquiry, was well taken. He said he would support this action and this could turn out to be a moot point. He noted Maguire would not have come to Council if Burke had been responsive to Maguire's first request for information two weeks ago.

Coun. Arnold said her concern was from a legal s tand point. She said if he won the election then it would definitely need to be looked at because it is required by the Charter. She said it was too late to nullify the nomination. She agreed truth was important and said she felt the press would investigate this. She said she was not quite sure if the Council needs to pursue the issue if he did not win the election.

Coun. Stanton said she disagreed. She said she always wanted to err on the side of transparency, but she felt in this case it applied. She said she found it offensive that it was possible and she found the language "mushy" when she read the pamphlet. She said she thought the Council needed to follow this through. She said if Burke provides the information to address Maguire's concerns, he would be vindicated and the Council would know it was true. She said she wanted to know.

Coun. Dalrymple said it was important not to prejudge anyone. He said the truth would come out in the process. He said he would like to follow the process and do it by consensus. He said the only thing the Council needed to do at this meeting was to direct staff to initiate the process.

Mayor Drake said he agreed and that was why he was seeking consensus. He said an allegation was made and the Charter was very clear regarding misstatements. He said the City Attorney was very clear that the Council needed to asserts its authority. He said it was no more than that and the City Attorney would get back to Council as soon as he had more information.

Coun. Stanton MOVED, SECONDED by Coun. Bode that the Council direct the City Attorney to seek confirming information regarding statements made in the Voter's Pamphlet (by Burke) regarding the job title in the Navy and confirmation of the Bachelors Degree in the Navy school and what the Navy school is. Couns. Arnold , Bode, Dalrymple and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

Marc San Soucie, Beaverton, asked about the public involvement process for development of strategies relating to downtown parking strategies (Agenda Bill 06081). He said in looking at the statement of work for the consultant project, there were two committees that would operate during the course of this project. He said one would be a stakeholder committee that would have representatives of the Central Beaverton Neighborhood Association Committee (NAC). He said the other was a technical advisory committee that had no specific representation other than the chair of the stakeholder committee. He said because downtown redevelopment is an activity of interest to the entire city, he thought it would be good to have a broader public involvement representation than just someone from the Central Beaverton NAC. He said though he lived far from the downtown area, he was very interested in what occurs in the downtown. He suggested asking other NACs or the Beaverton Citizen Involvement Committee for other interested people, and designate one or two of those people to serve on either or both of these committees.

Mayor Drake said the contract with the State does involve citizen participation and the City had not reached that step yet. He said Coun. Stanton was interested in being on one of the committees and citizen involvement on this issue made sense. He said this was a unique situation with two adjoining cities receiving the grant. He said the cities were similar and had strong working and political relationships. He said this would be an exciting study. He said The Round parking structure just opened up and there is a view of the downtown from the top floor. He said what was envisioned in the downtown visioning process, back in the 1980's, was a view of a parking structure and buildings that had more than two stories. He said the building at Center Street and Hall Boulevard was ahead of its time. He said that pre-staged what was happening in the downtown.

Coun. Stanton said all government meetings in Oregon fall under public meetings laws and anyone can attend. She said she thought these meetings would also have a visitor comment section.

Henry Kane, Beaverton , said in his mail today he received a flyer on the facts and myths of The Round. He said he would submit a detailed response analyzing the claims. He said the City had the site assessed at $2.7 million and the second developer paid $1.9 million to acquire the site. He said he was told the City waived application and development fees that would be worth about $500,000. He said he would ask the City to submit a document stating "This is what it costs the taxpayers."


Mayor Drake proclaimed May 15, 2006, Peace Officers' Memorial Day and

May 21-27, 2006, National Public Works Week.


Mayor Drake called for a brief recess at 7:30 p.m.


Mayor Drake reconvened the meeting at 7:45 p.m.


Coun. Dalrymple said he was saddened to read in The Oregonian of the passing of Beaverton School District Board Chair Mike Osborne. He said he worked with Osborne over the years and he liked and respected him a great deal. He offered his deepest sympathy to the Osborne family.

Mayor Drake said Osborne was a positive individual and a great asset to the community.

Coun. Arnold said Mayor Drake would be giving the State of the City Address to the Beaverton Chamber of Commerce on May 16, 2006, at the Kingstad Center at noon. She said the Beaverton Leadership Class of 2006 would also be recognized at that time. In addition, she said a Personal Safety for Seniors class was being offered Thursday, May 18, 2006, at the Community Center from 9:00 a.m. to noon.

Coun. Stanton said an Open House regarding Greenway Park would be held at the Conestoga Center on May 16, 2006, at 6:30 p.m. She said information would be presented regarding natural habitat improvements at the park over the next three years.

Coun. Stanton said peace officers memorial activities would be offered at the Hillsboro Civic Center on Friday, May 19, 2006, at noon.

STAFF ITEMS: There were none.

06079 SW 125th Avenue Extension - Project Update

Project Engineer Brion Barnett introduced himself. He presented a PowerPoint presentation on the status of the SW 125th Avenue Extension project (in the record). He displayed a map of the project area and reviewed the phases of the project. He said Phase I (the intersection of SW 125th Avenue and Brockman Road/Greenway Boulevard ) was completed in 2004. Phase 2 (the area west of SW Hall Boulevard /north of SW Green Lane ) was entering the design phase. Phase 3 was the culmination of the project and the construction of SW 125th Avenue from the intersection at Brockman Road/Greenway Boulevard to Hall Boulevard . He showed pictures of the project area. He said the projected cost for Phase 3 was $13.1 million and included the design and construction engineering. He said in reviewing the vertical profile of the street, there was the potential for significant savings by revising the profile endorsed by the Public Advisory Committee (PAC). He said $1.7 million could be saved if the road was constructed at grade, rather than at the level endorsed by the PAC. He said the savings would come from decreased costs in excavation, in doing the transition on Barberry Drive to match the intersection, and in building the retaining walls. He reviewed the engineering and construction costs for each phase: Phase 1 cost $3.14 million; Phase 2 estimated cost was $1.5 million; and Phase 3 estimated cost was $13.01. He said the overall cost of the project was $17.72 million (2006 dollars).

City Utilities Engineer David Winship said the Tualatin Valley Water District (TVWD) was conducting a study that may impact the SW 125th Avenue Extension project. He said regional planning on the water supply had been going on for decades. He said TVWD was a partner in the Joint Water Commission and the District had been looking at the Willamette River as a potential water source and had heavily invested in the intake. He said Clean Water Services lead an evaluation of the water supply options for this region. He said two supply options were selected. The first option was to raise the dam at Hagg Lake 40 feet (Scoggins Project). He said the second option was to raise the dam 25 feet and expand the Willamette River Water Treatment Plant for municipal users. He said TVWD was about to enter into an agreement with the Portland Water Bureau for a ten-year extension on the water it receives from the Bureau. At the end of that time, TVWD would make a decision on whether or not to participate in the Willamette River Water Treatment Plant or the Scoggins Project.

Winship said the Willamette River Supply option consists of two elements; expansion of the treatment plant and a finished-water transmission main that would run from the Willamette Treatment Plant to TVWD. He said the Willamette Transmission Main Study would be very thorough. He said several options for the route of the transmission line have been reviewed, including two options in Beaverton . He said one of the options studied was the SW 125th Avenue Extension; this area is currently undeveloped which would make construction of the line much easier. He said this was a huge pipeline; six feet in diameter, 22.2 miles long and it would carry 70 million gallons per day to serve TVWD only. The preliminary cost of the line is $285 million.

Winship said the timeline was important to the City. He said TVWD should make a decision on the pipeline alignment within six months to one year from today. He said once the route is selected, TVWD would start negotiations with the City regarding corridor approval conditions; this should occur in 2008 - 2009. He said design and construction of the pipeline path should occur from 2010 to 2016. He said that was why it was important to discuss the construction of SW 125th Avenue with TVWD.

Coun. Stanton said it appeared the construction would be about ten years out.

Winship said the design would begin in four years and construction would be completed by 2016.

Coun. Stanton referred to the preliminary timeline and asked what was meant by the statement "Final design and construction of critical path pipeline segments, then balance of 22-mile pipeline length."

Winship said along the 22-mile route, it can be anticipated that major crossings and critical sections would have to be constructed on a certain schedule, because there will be other jurisdictions that have projects that will need to be constructed at a certain time. He said Beaverton may be one of those jurisdictions.

Coun. Stanton asked if SW 125th Avenue could be constructed last, as a worst case scenario.

Winship said anything was possible, but the consultant and TVWD were open to discussions as to when construction of SW 125th Avenue would occur.

Winship reviewed the potential magnitude of the pipeline route through Beaverton and why it was a good idea for TVWD to reserve the corridor through Beaverton (in the record). He said 40% of the route could go through Beaverton and it could cost up to $95 million to construct that portion of the pipeline. He stressed this was one of two options and this was the preliminary planning stage.

Coun. Stanton said she was concerned because she lives in this area and the project had been in the plans for 34 years.

Barnett reiterated the point that while it was premature to determine the order of the construction projects, 40% of the project is inside the City of Beaverton and that does provide bargaining room for the City.

Barnett reviewed potential ways to build the project without outside grant funding. He said first, the City could take another look at the endorsed, preferred design. He said changing the vertical profile could lessen the cost of the project by reducing costs for excavation, retaining walls and sound walls. He said if outside funding is not being used, all possible options for reducing costs should be considered.

Mayor Drake said he had not seen this slide show. He said he discussed the "revisit sound wall criteria" with the former Engineering Director and decided that issue would not be revisited as it went through a public process. He said the only way it would be considered was if it went back through a full public process. He said he discussed this with Jim Persey and Coun. Stanton , and it was decided that reconsidering this option would require bringing back all key players to re-discuss the issue. He said the discussion was not about funding; the discussion was whether or not sound walls were needed. He said the PAC had a strong belief that sound walls were needed. He said he wanted to be clear that the option to revisit the sound wall criteria was not up for discussion.

Public Works Director Gary Brentanno said that Barnett was referring to the type of construction of the sound wall, as opposed to the issue of the wall itself. He said ODOT might have a standard for walls on Highway 26 that is appropriate for that location; the City might choose a different construction standard that would provide the same sound attenuation and be aesthetically the same, but might be less costly.

Coun. Arnold asked how changing the vertical profile changes the sound wall criteria.

Barnett said whatever is done to the vertical profile will require relooking at the sound issue. He said while a preliminary evaluation was done as part of the project, over the course of the final design the issue will have to be reviewed again because it has been nine years since the preliminary work was done. He said he appreciated Mayor Drake's insight and he was not aware of the previous conversations.

Coun. Stanton asked if a change in the vertical profile would make the road more visually intrusive to the homes in that area.

Barnett said while he has walked the site extensively, he did not live on the road and he thought it would be more appropriate to ask the residents who live on that road for their perception.

Coun. Stanton referred to the homes in the NW Quatama/NW 205th Avenue area in Hillsboro that are no longer occupied because the retaining walls have failed, making the homes unsafe. She said she was assuming that less retaining walls had nothing to do with structural integrity of the surrounding properties.

Barnett said that was correct. He said in the reference to "less retaining walls" he was saying that if the street grade level was raised, the height of the retaining walls be less.

Coun. Stanton asked if the suggestion to revisit the design speed criteria meant lowering the design speed.

Barnett confirmed that did mean to lower the design speed. He clarified that would have to be discussed and coordinated with the City Traffic Engineer. He said if the design speed criteria was lowered, the curve would be more gradual which would result in less excavation.

Barnett reviewed other funding methods that could be considered to fund the project, such as a serial levy, general obligation bonds, a sinking fund, City gas tax or a transportation system development charge. He said another option would be in-house phased construction. He said doing this in-house would require building the project in four to five phases, over 13 years.

Barnett said there were two potential construction alternatives available. The first option would be to do the project without TVWD participation and fund it through a sinking fund or bonds. He said under that scenario, the earliest the final design could be done was in 2009 and construction would begin in 2011. He said the second option was to do the project with TVWD, if the District decides SW 125th Avenue is the preferred route. He said in that case final design could be done in 2010 and construction would occur in 2011-2016. He said these were preliminary dates for both options.

Barnett said the next step in the project would be to perform the Phase 2 design work in Fiscal Year 2006-07. He said that would include wetland mitigation, storm water detention, water quality work and geotechnical work. He said staff planned to report to Council in six to 12 months. He said by then more information should be available on the TVWD water pipeline alignment. He concluded that the Phase 1 improvements were constructed, progress continues on Phase 2 with storm water improvements, right-of-way and water quality design. He said staff recommends coming back to Council to discuss alternative construction funding methods to build the project. He said the City should have more complete information in six to 12 months.

Coun. Bode complimented Brion on his presentation. She asked if in Metro's long-term regional planning, the intersection of Scholls Ferry Road and Hall Boulevard is going to be a regional development center with commuter rail transportation.

Mayor Drake said commuter rail was projected to open in 2008 in the Washington Square area, on the west side of Highway 217.

Coun. Bode asked if the area from Scholls Ferry Road/Hall Boulevard down to Greenway Boulevard/Hall Boulevard , was part of Metro's regional center.

Mayor Drake confirmed that was part of the Tigard Washington Square regional center.

Coun. Bode said in talking about this project, there is a lot that will be happening in this area and the road needed to be constructed.

Barnett said in the past the project had not scored well in terms of regional significance. He said staff would continue to look at other projects' packages to see if funding can be obtained.

Coun. Stanton said Murray Scholls is a town center and Washington Square is a regional center. She said she knows there is a plan to have Nimbus Avenue go through to Denny Road , but that will not happen until SW 125th Avenue is built. She said the preferred route from the Tualatin/Sherwood area to Washington Square was Roy Rogers Road to Scholls Ferry Road to Murray to Brockman/Greenway to Hall Boulevard . She said that puts SW 125th Avenue in the middle between a town center and a regional center. She said there was a case to use Metro funding to support a town and regional center. She asked when the road is excavated, would the material be taken off site or used on the site.

Barnett said there was not a lot of fill on the project; the majority of the material would be hauled off the site.

Coun. Stanton asked why the material excavated from the top of the road was not used to fill in the hole at the south end.

Winship said that would result in the grade being raised in those areas which could affect the sound wall. He said it was a difficult balance. He said the project has been looked at very carefully by the PAC and has been approved by the neighborhood. He said changing the plan could be difficult, though minor tweaking might be possible.

Coun. Stanton said her concern was that even a minor change might need to go back to a public forum. She said there were strong feelings about this project. She said she did not care how the project impacted the TVWD project. She said she wanted the City to move forward and TVWD should not slow the progress of this project. She asked: 1) If TVWD selected the SW 125th Avenue route and moved the project to the front end of the timeline, how would that affect the City's design work; 2) Was Phase 2 design only or did it include construction; 3) If Phase 2 included construction, how would the City's completed mitigation work be affected by the pipeline coming in; and 4) Would the City have to put its mitigation work on hold until TVWD decides on the pipeline route.

Barnett said the City does not have to wait to design and construct Phase 2. He said the City was proceeding, though the goal was to work in tandum with TVWD. He said because 40% of the work is in Beaverton , the City has leverage for negotiations. He said staff intent was to be aware of TVWD's project and work with the District, if timing permits. He said TVWD could do a lot of the grading for the project if they were the first ones to come into the area.

Coun. Stanton asked how much that would save the City.

Winship replied it was not possible to say how much the savings would be. He said the pipe would be 12 to 13 feet below grade and grading would need to be done. He said if TVWD was open to conditions of development, money could be saved by staying off the public street and through economies of scale. He said this was a good potential for the City.

Coun. Stanton referred to the street profile and asked what contouring would be done at the 15-20 foot depth or would they have to shave the hill first.

Winship said TVWD would need to build the pipeline before the City would build street. He said the City would have an approved profile and TVWD would need to bury the pipe in accordance with that profile. He said that would be 12-13 feet below the grade of the new street. He said it would be carefully planned; that was why it was so important to be involved and following TVWD's planning. He said all of these issues would be worked out ahead of time. He said there was great potential for cost savings on both sides, which is a win-win situation for both sides.

Coun. Stanton said the neighborhoods would not win because they would have to wait five to ten more years for relief from the traffic.

Winship said if the City had the money to start construction in three to four years and TVWD selects that route, he believed that something would be worked out so that TVWD would come in and do its work. He said there was a lot of preliminary work yet to be done. He said TVWD would decide on its route long before the City was ready to build the SW 125th Avenue Extension.

Coun. Bode said that the discussion showed the level of frustration people were having with this traffic issue and a promise made over 30 years ago to construct this road. She said as residents look at other areas where roads were constructed, they feel it is time to build this road. She said hopefully staff will come back in six months with a package to present to Council.

Coun. Dalrymple thanked staff for the presentation. He said if the Council feels this is a high priority, then it could address the issue. He said he was not sure this was top priority at this time; perhaps further discussion is needed. He said the Council is the one that needs to take this to the next step and find the funding.

Coun. Stanton said she would like to see something in six months as opposed to a year or 18 months.

Mayor Drake said they would take a look at this.

Coun. Arnold said she understood the frustration, but road construction projects seem to always be funded out of several pots. She said she agreed this project needs to be done; it has just been difficult to put the funding together.

Mayor Drake said in 1992 the citizen's voted on a package and this road was one of the projects in the package but it was narrowly defeated.

Mayor Drake thanked staff for the presentation.


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

Minutes of the Regular Meeting of May 8, 2006

06080 Liquor Licenses: New Outlet - Za Majestic

06081 Resolution Authorizing the Mayor to Sign an Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) for a 2005-2007 Transportation and Growth Management (TGM) Grant for a Downtown Parking Solutions Strategy (Resolution No. 3857)

Contract Review Board:

06082 Contract Award - Annual Audit Services

Question called on the motion. Couns. Arnold , Bode, Dalrymple and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)


06083 Public Hearing on Biggi Investment Partnership Measure 37 Claim

(Continued from March 20, 2006 Meeting)

Mayor Drake explained the claimant had requested an additional 30-day extension to June 12, 2006.

Coun. Stanton MOVED, SECONDED by Coun. Bode to continue the public hearing on the Biggi Investment Partnership Measure 37 Claim to June 12, 2006, at 6:30 p.m. Couns. Arnold , Bode, Dalrymple and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)


Coun. Stanton MOVED, SECONDED by Coun. Arnold , that the rules be suspended, and that the ordinance embodied in Agenda Bill 06084, 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, Dalrymple and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading :

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

06084 TA 2006-0002 (Floodplain Text Amendment) (Ordinance No. 4392)


There being no further business to come before the Council at this time, the meeting was adjourned at 8:55 p.m.


Sue Nelson, City Recorder




Approved this 5th day of June, 2006.

Rob Drake, Mayor