08/30/1999 Packet TIGARD WATER DISTRICT
BOARD of COMMISSIONERS:MEETING
Serving the Unincorporated Area
AGENDA
Monday,August 30, 1999
7:00 p.m.
1. Call to Order
2. Roll Call and Introductions
3. Interview Attorney—Tim Sercombe
4. Intergovernmental Water Board Update
5. Utility Manager's Report
6. Non-Agenda Items
7. Adjournment
Executive Session: The Tigard Water District Board may go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss
labor relations, real property transactions, and current and pending litigation
issues. All discussions within this session are confidential; therefore nothing
from this meeting may be disclosed by those present. Representatives of the
news media are allowed to attend this session, but must not disclose any
information discussed during this session.
IWB SALES AGREEMENT
Based on calendar year sales to each agency
King City
1997 $ 182,421.02 1% $ -1,824.21 Actual
1998 $ 187,814.64 1% $ 1,878.15 Actual
2% $ 3,756.29 Estimated
3% $ 5,634.43 Estimated
4% $ 7,512.59 Estimated
5% $ 9,390.73 Estimated
Durham
1997 $ 97,365.63 1% $ 973.66 Actual
1998 $ 122,491.92 1% $ 1,224.92 Actual
2% $ 2,449.87 Estimated
3% $ 3,674.76 Estimated
4% $ 4,899.68 Estimated
5% $ 6,124.60 Estimated
TWD
1997 $921,650.78 1% $ 9,216.51 Actual
1998 $888,909.38 1% $ 8,889.09 Actual
2% $ 17,778.19 Estimated
3% $26,667.28 Estimated
4% $35,556.38 Estimated
5% $44,445.47 Estimated
IWB Sales Agreement.xls 8/24/99 2:50 PM
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PRESTON GATES & ELLIS L L P
A T r o R Il E Y s
Timothy I. Sercombe
(503) 226-5726
August 19, 1999
VIA FACSIMILE: ORIGINAL TO BE MAILED
Gretchen E.Buehuer
P.Q.Box 1233
Portland,OR 97207
Re: Potential Representation of Tigard Water District
Dear Gretchen:
I enjoyed our discussion yesterday about the potential representation of Tigard Water
District in connection with the charter amendment proceedings in Tigard. I enclose for your
review my resume and information about my work.
My firm represents Tigard on municipal bond work. That work is unrelated to the issues
we discussed. We will need conflict waivers from the City and the District to represent the
District in any matter adverse to the City.
I will call Jim Coleman to obtain more information about the intergovernmental
agreement and any existing contracts,as well as a copy of the ballot measure. Please let me
know if you need any more information from me. I will plan to attend the District Board
meeting on August 30.
I hope that we will be able to work together on this matter.
Sincerely,
Timothy . be
TJS:tjs
Kineeoleo006T.l94A,1.2oec
A LiNITED LIAJILITY PARTNERSHIP INCLUDING OTHEa LIMITED LIAEILITY ENTITIES
AwCKO AGE • CoEtm o'AtsNL • KONG KONG • Los ANGELES • ORANGE COUNTY • PORTLAND • SAN fi*ANCIlco • SEATTLE • SroCATIE • WASHINGTON.D.C.
222 SW COLUMBIA STREET SUITE 1400 PORTLAND,OREGON 97201-6632 503-22E-3200 FX: 503-248-9055 www,prestongates.com
•
•
TIMOTHY J. SERCOMBE
-
A-.Nenbwtsteratlaivemity, 1971
I.D.,University of Oregon, 1976
Honor Orademe
Order of tits Coif
Admitted to Bar: Oregon
Email:tseroombOprestonptes.com
Purser
Tim Sercombe practices in the areas of municipal,land use,constitutional and administrative
law. He represents public and private entities in proceedings before the Land Use
Board of Appeals.Oregon Circuit Courts,Oregon Court of Appeals,Oregon Supreme
Court,United States District Court,United States Ninth Circuit Court of Appeals, and
United States Supreme Court
Tim was the 1976 University of Oregon Law School honor graduate. After graduating from law
school,Tim clerked for Justices Kenneth O'Connell and Berkeley Lent on the Oregon
Supreme Court. Following his clerkship,he practiced with tie Eugene firm of Harrang,
Long,Gary&Rudnick from 1977 to 1991. He joined the Preston Gates in 1991. Tim
was the city attorney for the City of Eugene fora number of years.Ho now serves as
city attorney for the Cities of Hillsboro and Troutdale. Tim represents public and
private clients around the state on . .,.,, I and land use matters.
Tim has lectured widely in land use law, administrative law and government law and powers.
In 1982,he authored a commissioned work by the League of Oregon Cities. "Municipal
Immunity and Liability Under the Sherman Act: An Overview and Suggested Risk
Management System."In addition,he is the co-editor of Oregon Government Law
(Oregon Law Institute, 1993),as well as dozens of articles far the Oregon Law Institute
and Oregon State Bar on local government,constitutional and land use issues.
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TIM SERCOMBE'S REPRESENTATIVE CASES
• Cope v. City of Cannon Beach, 317 Or 339, 855 P2d 1083(1993)(defense of short-
term occupancy ordinance from takings attack)
• Comeaux v. Water Wonderland Improvement District, 315 Or 562, 847 P2d 841
(1993)(meaning of"governmental unit"under Measure 5)
• City of Portland v. Smith,314 Or 178,838 P2d 568 (1992)(effect of Measure 5 on
urban renewal financing)
• Rogers v. Lane County,307 Or 534, 771 P2d 254(1989)(meaning of constitutional
provision limiting use of gas tax funds)
• State v.Henry,302 Or 510, 732 P2d 9(1987)(constitutionality of obscenity
statutes)
• Burt v.Blionenauer,299 Or 55,699 P2d 168(1985)(amicus)(use of public funds
for election advocacy)
• Warren v. Lane County,297 Or 290, 686 P2d 316(1984)(standing requirements to
contest land uae approvals)
• City of Roseburg v. Roseburg City Firefighters,292 Or 266, 639 P2d 90(1981)
(city home rule power in labor impasse resolution process)
• State ex reel City of Eugene v. Woodrich,295 Or 123, 665 P2d 333 (1983)(propriety
of immediate possession by public condemnor)
PUBLICAIIONS
•
• "Constitutional Potpourri"in Oregon Constitution:A Survey of Significant State
Provisions(OLI, 1995)
• "Government Giveaways or Prudent Financial Management? How to Compromise
Claims Without C. u, r,..,,,.'sing Your Own Bank Account"in Local Government
Finance Issues(OLI, 1995)
• "Claims of the Titans:Takings and Related Claims"in A Land Use Odyssey(OLI,
1994)
• "Fiscal Considerations"(with Richard D.Roberts and Harvey W.Rogers)in Oregon
Local Government Law(OLT, 1993 revision)
• "Legal Issues in Public/Private Ventures:Financing and Services" and"Legal Issues
in Public/Private Ventures:Financing and Facilities"in Public Responsibilities and
Private Rights: The Cutting Edge(OLI, 1989)
• "Oregon Constitution, Article XI, Section 9(Lending Credit)"in State and Local
Government as Debtor/Creditor(OLI, 1987)
• "Bias,Prejudgment and Conflict of Interest"in State Administrative Law(OSB
CLE, 1985)
• "Municipal Immunity and Liability Under the Sherman Act An Overview and
Suggested Risk Management System"(League of Oregon Cities, 1982)
1Nt1N7
Y RRiTOY GRT1S3 • t..I.,s Lar
siu mos
•
• Co-editor,Oregon Government Law(01.1, 1991 and 1993)
TIM SERCOMRE'S CIviC AWARDS
• League of Oregon Cities Fellowship Award for 1982
CIVIC ACTIVITIES
• 1000 Friends of Oregon;board of directors, 1985 to 1997 and board president,
1994-96
• Laurel Hill Center;board of directors, 1986-91 and board president, 1989-91
t97
Fs KSTow GATS. at e t.s atr
VV
TIMOTHY J. SERCOMBE
SPECIAL COUNSEL (1991-99)
• Association of Lower Columbia Flood Control Districts: Developed guidebook and
forms on conversion of drainage district to public corporations;draft legislation
and conversion process
• City of Bandon: Assisted city in implementing a building moratorium to allow a
land exchange in coastal resource zone
• City of Banks: Special counsel in representation on LUBA appeals and local
proceedings about South Banks Subdivision
• Bend Library Service District: Special counsel for siting,land use permitting and
constructing new library for the Bend area
• City of Brookings: Reviewed and advised City on golf course development
agreements and real estate matters
• City of Cannon Beach: Represented City before Oregon Supreme Court on
constitutionality of short-term occupancy ordinance
• City of Cannon Beach: Representation in litigation on street closure tort claim(for
City County Insurance Services)
• Clackamas County Department of Utilities: Advised on Ballot Measure 5 issues
• Clackamas County Department of Utilities: Advised on KOLTT study on provision
of sewer services to region
• Columbia County: Advised County on natural gas lease issues
• Columbia River Gorge Commission: Representation in property rights appeal
• City of Coos Bay: Sign code revision
•
City of Coos Bay: Advised on City utility relationship
• City of Corvallis: Represented mayor and city councilors in lawsuit claiming
misuse of public funds
• Crook County: Assisted County in resolving Goal 5(mineral and aggregate) issues
with LCDC and permit applicant
• Crook County: Assisted County in periodic review
• Deschutes County: Represented County in lawsuit involving real property issues
• Deschutes County: Advised on golf course proposal and financing
• Deschutes County: Prepared application for county`s Milltown Dam and
rspr•seated canary in bearings
• City of Eugene: Representation in Willamette Greenway permits and appeals
• City of Grants Pass: Represented City in LUBA and Court of Appeals regarding
development exaction
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• City of Grants Pass: Represented City in LUBA appeal of partition denial
SPEc1A! COuiesal (1991 .99) CONTINUED
• City of Grants Pass: Represented City in Mandamus and LUBA cases on
subdivision
• City of Hermiston: Advised on comprehensive plan changes and zoning issues
• City of Lake Oswego: Prepared opinion for City regarding its liability for
storinwatet runoff
• City of Lake Oswego: Represented City in negotiations with Lake Oswego
Corporation
• City of Lake Oswego: Representation in site plan approval proceeding
• City ofLake Oswego: Representation in litigation about construction permit
approvals
• City of Lake Oswego: Representation on development agreement negotiations
• Lincoln County: Assisted County in resolving issues with state fire marshal
regarding County's new jail
• Linn County: Representation on Measure 8 issues
• Linn County: Representation on Fairgrounds issues
• Metro: Advised on real estate lease issues
• Metro: Advised on settlement of Metro v. Cusma litigation
• Metro Charter Committee: Legal counsel in drafting charter
• Port of Morrow: Advised on public official liability and contract issues
• Port of Morrow: Representation of Port in annexation and water utility issues
• Multnomah County: Development of exactions opinion
• Multnomah County: Use of road fund opinion
• Multnomah County: Representation on Measure 8 issues
• Multnomah County Drainage District: Advised on Measure 5. Drafted legislation
on conversion to private corporation by drainage districts
• Multnomah. County Drainage District: Advised on Measure 8 implementation
• City of Portland: Advised on Measure 8 issues
• City of Portland: Opinion on CBDO fund legalities
• Portland Development Commission: Represented City of Portland and PDC in tax
court and Supreme Court regarding Ballot Measure 5 application to tax increment
financing
• St. Helens School District: Advised on public contracts issues
• Sr. Helens School District: Advised on land use and tort liability issues
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Pwcs*Or G•*ss w =1....5 ear
• Scappoose Drainage District: Provided general legal advice; coordinated with
District and City of Scappoose on drainage issues
SPECIAL COUNSEL (1991.99) CONTINUED
• City of Sherwood: Defended drainage liability claims(for City County Insurance
Services)
• City of Sherwood: Defended takings claim(for City County Insurance Services)
• City of Sherwood: Defended unconstitutional fee claim(for City County Insurance
Services)
• Sherwood School District: Representation in LUBA Appeal on boundary dispute
• City of Springfield: Advised on relationship with municipal utility
• City of Stayron: Defended drainage liability claims(for City County Insurance
Services)
• Uni,(ted Sewerage Agency: Represented USA in siting a sludge tteatment facility;
advised on land use issues
• Unified Sewerage Agency: Provided counsel for study on reorganization of USA
governmental form
• Water Wonderland Improvement District: Represented District in tax court and
Supreme Court on application of Ballot Measure S to service charges
•
•
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July 14, 1999
Mark HailingITY
15187 SW 119th Avenue OREGON
Tigard, Oregon 97224
Re: Water Pressure for Emerald Heights
Dear Mark:
I am writing this letter to address you and your neighbors concerns about low water
pressure within SW 119th Avenue. Before I begin to address some of the possible
solutions, I believe a little background is necessary. .
The Emerald Heights subdivision, SW 119th Avenue, was developed in 1968. A 6-inch
water line was connected to the existing 12-inch water main within SW Beef Bend Road
to provide water to the subdivision. At that time, 1968, the water for the.subdivision
came from a Tigard Water District well located just west of the development.at what is
now SW 122"d Avenue. The well would pump water into a 1.0 million gallgri concrete
reservoir, located on the same property as the well, that operates at a hydraulic grade
line of 410 feet. The well has long since been taken out of service, but the hydraulic
grade line has remained the same.
Today, just like 1968, the static water pressure in SW Beef Bend Road at SW 119th
Avenue is approximately 52 psi. The problem is that as you travel up SW 119th Avenue
the elevation above sea level increases and the pressure in the water system
decreases. For every 2.31 feet of elevation increase you lose one pound per square
inch in pressure. Unfortunately, this means that at the top of the cul-de-sac, at
approximately street level, the static water pressure becomes approximately 30 psi. It
should be noted that the minimum delivery pressure allowed by the Oregon Health
Division for public water systems is 20 psi.
In 1968, water from the summit of Bull Mountain was not available to this subdivision. If
the water had been available it would have been very expensive to install the necessary
infrastructure (pipe line, pressure reducing station, etc). So much so, that this 11 lot
subdivision would never been built. Today, just like in 1968, the developer is
responsible for paying for the improvements necessary to bring water to the lots within
the subdivision. Instead of building pipe lines to the summit of Bull Mountain, the
developer opted to install individual pressure sustaining pumps and pressure tanks for
each home to compensate for the low pressure.
To our knowledge individual pressure sustaining pumps and pressure tanks, that are
maintained by the property owner, have been used in this subdivision since 1968. Until
we had received your letter/petition we were unaware of the neighborhood
dissatisfaction with the water pressure. In fact we were quite surprised to have received
this letter/petition, especially since we had not had any contact with the petitioners.
13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772
•
• Water Pressure for Emerald Heights Page 2
What are the possible solutions or options available to the residents on SW 119th
Avenue? First, because the water pressure has remained the same since 1968, the
residents should investigate:
a. Whether or not they have a pressure sustaining pump and pressure tank for
their home.
b. If they do have such a system is it operating correctly.
If the residents do not have such a system, the easiest solution would be to install a
pressure sustaining pump and pressure tank for their home. The cost is approximately
$800 depending on the complexity and location of the plumbing system. This is a cost
that would be paid for by the individual homeowner. The City would not participate in
any cost sharing due to the fact that the pressure has remained the same since 1968,
and that the pressure, although low, does meet minimum requirements set by the State.
Another option would be to install a package pressure sustaining pump station located
within the current right-of-way or within a small easement just north of the existing fire
hydrant on SW 119th Avenue at SW Beef Bend Road. The construction cost of this
project is estimated at$40,000. Again, because this is specifically for SW 119th Avenue,
all costs would be paid for by the homeowners. In addition the homeowners would own
and operate this facility and would pay directly for all operation and maintenance costs.
We believe that this is not a viable option.
•
One other option would be to connect to the new water system in Tumagain,Heights at
SW 122nd Avenue and install it along SW Beef Bend Road to SW 119th Avenue. A
portion of Tumagain Heights is serviced from the summit of Bull Mountain and would
provide approximately 90 psi at street level at the cul-de-sac. The cost of this project is
estimated at $56,000. Once again, since it would only benefit the homeowners on SW
119th Avenue, all costs associated with the installation of the pipeline would be paid for
by these homeowners.
I realize that this letter may make it appear that the City is not willing to do anything to
improve the pressure within SW 119th Avenue. Let me assure you that, as new
development occurs, we do explore various options, at City expense, to provide higher
water pressure to Emerald Heights. In fact, when Aspen Ridge was developed, we
requested that the developer provide us with an easement to allow for the construction
of a water main from SW Aspen Ridge Drive to SW 119th Avenue. However, due to the
relatively narrow lot widths, issues with side yard setbacks in relationship to easements
and steep slope, not only was it not feasible but we were not able to gain the necessary
easements.
As future development occurs in the area, we believe that water from the higher zones
will be made available to Emerald Heights. Availability will depend upon road
alignments, feasibility and the ability to gain easements between two properties on SW
119th Avenue. In all likelihood water would come from an extension of SW Aspen Ridge
Drive, SW Autumn View or SW Turnagain Drive with the development of the Froude and
Knauss properties. I want to stress that the development of these two properties is long
range and not near term. Also, the development of the Knauss property (the property
adjacent to Emerald Heights' west end) is dependant upon the Froude property
developing first or at the same time. So as you can see, it may be many years before
water from the higher service zone is available
Water Pressure for Emerald Heights Page 3
Again, our recommendation is that the residents inspect and test their individual
pressure sustaining pumps and pressure tanks to ensure that their systems are
operating correctly. If the residents do not have this type of system, our
recommendation is to have one installed.
If the residents have additional questions in terms of what the options are and what the
City is willing to pay for, I would be willing to discuss the issues with the group at their
convenience.
If you should have any additional questions or would like to set up a meeting, please call
me at 639-4171 x395.
Sincerely,
Michael Miller
Utility Manager
CC: Bill Monahan, City Manager •
Ed Wegner, Public Works Director
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mike Miller
FROM: Bill Monahan
()
DATE: July 8, 1999
SUBJECT: 119t Residents Concern Regarding Water Pressure
Mike, can you investigate the report of insufficient water pressure detailed on the enclosed
letter and:
1. Respond to Mr. Hailing
2. Get back to me by July 12, 1999
Thanks.
Attachment
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Mark Halling
15187 SW 119th,
Tigard, Oregon 97224 RECEIVED C.0.1.
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(503) 598-4668 JUL 0 1999
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Re: Insufficient Water Pressure Off of 119th
To Whomever It May Concern:
This letter is to inform the Tigard city council that tilt residents off of Beef Bend road, on
119th street,have insufficient water pressure in their homes. The residents would therefore
request that the city council address this problem and inform the residents on what solution the
city council decides to undertake. The following signatures represent the residents off of laidiah 119
street who are in support of the city council addressing this issue. Thank you for your
cooperation.
Sincerely,
•
Mark Halling
Name Address Phone Number
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City of Tigard
MEMORANDUM Community DDevefopment
Shaping Better Community
CITY OF TIGARD, OREGON
13125 SW Hall Boulevard
Tigard, Oregon 91223
Phone (503) 639-4171
Fax(503) 684-1291
TO: Chief of Police, CityEngineer, Engineering Technician/Jurisdictional Coordinator, Water/Accounting
Bewersdrff ),Building Official, Library Director, GIS Specialist, City Recorder, tions,'r
ItIgket and DST Supervisor
FROM: Patty Lunsford, Planning Secretary
DATE: July 20, 1999
SUBJECT: ANNEXATION/CENSUS INFORMATION
City of Tigard Ordinance No. 99-19
(ZCA 1999-00001 Walnut/Tiedeman Area Annexation)
NOTE FOR FUTURE REFERENCE:
Due to the fact that there is no longer a Boundary Commission, the City of Tigard's
Ordinance No. will replace the Boundary Commissions Final Order No.
• DATE COUNCIL ADOPTED: JULY 13. 1999
• ORDINANCE EFFECTIVE DATE: AUGUST 12. 1999
• TIGARD WATER DISTRICT WITHDRAWAL EFFECTIVE DATE: IULY 1. 2000
Maps of the annexed properties are attached. Census information is as follows:
Ordinance No. 99-19 (ZCA 1999-00001) Census Information
OWNER(S) NAME & ADDRESS SPECIFIC PARCEL DATA
Auer,Julia A. & Edwards, Patricia H. WCTM 2SI02BC, Tax Lot 02001
10540 SW Walnut St. I-OCCUPIED (not verified) Single-Family Residence
Tigard, OR 91223 Site Address: 10540 SW Walnut St.
Est. Population: Unknown at this time
(If you would like the info. that is currently unknown, please let Patty
Lunsford know and it will be forwarded to you when we'receive it)
Edwards, Anne D. & Harvey 0. WCTM 2SI02BC, Tax Lot 02006
10610 SW Walnut St. I-OCCUPIED (not verified)Single-Family Residence
Tigard, OR 91223 Site Address: 10610 SW Walnut
Est. Population: Unknok;, ,71
Ordinance No. 99-19 (ZCA 1999-00001) Census Information (Continued)
IOWNER(S) NAME & ADDRESS I SPECIFIC PARCEL DATA
Tran NhangV. WCTM 2S103AA, Tax Lot 01100
11114 SW ummer Lake Dr. I-OCCUPIED (not verified)Single-Family Residence
Tigard, OR 97223 Site Address: 10920 SW Walnut St.
Est. Population: Unknown at this time
Edwards Les M. and Marcia L WCTM 2S103AA, Tax Lot 01600
10830 SW Walnut St. I-OCCUPIED (not verified)Single-Family Residence
Tigard, OR 97223 Site Address: 10830 SW Walnut St.
Est. Population: Unknown at this time
Peterson, Emma Alice Trustee WCTM 2SI03AA-01702
17121 SW Versailles Ln. I-OCCUPIED (not verified)Single-Family Residence
Tigard, OR 91224 Site Address: 10770 SW Walnut St.
Est. Population: Unknown at this time
Frisbie, Owen P.JR and Roxanne L WCTM 2S102BC, Tax Lot 02005
10620 SW Walnut St. I-OCCUPIED (not verified)Single-Family Residence
Tigard, OR 97223 Site Address: 10620 SW Walnut St.
Est. Population: Unknown at this time
•
Kubas lames 11. and Fordice, Tracey WCTM 2S103AA, Tax Lot 01002
1094b SW Walnut St. I-OCCUPIED (not verified)Single-Family,Residence
Tigard, OR 97223 Site Address: 10940 SW Walnut St.
Est. Population: Unknown at this time
luanson Blessilda S. & Tomasito 2S 103AA, Tax Lot 01500
10860 Walnut St. I-OCCUPIED (not verifred)Single-Family Residence
Tigard, OR 97223 Site Address: 10860 SW Walnut St.
Est. Population: Unknown at this time
Scheradella Arthur R. and Barbara L WCTM 2S103AA, Tax Lot 01700
11937 S Edgewood St. I-OCCUPIED (not verified)Single-Family Residence
Oregon City, OR 97045 Site Address: 10800 SW Walnut St.
Est. Population: Unknown at this time
Nall Brian E. & Irena M. WCTM 2S103AA, Tax Lot 01800
106'15 SW Fonner St. I-OCCUPIED (not verited)Single-Family Residence
Tigard, OR 97223 Site Address: 10675 SW Fonner St.
Est. Population: Unknown at this time
Sunday, Melvin R. & Barbara WCTM 2S103AA, Tax Lot 01801
PO Box 230995 I-OCCUPIED (not veri7ied)Single-Family Residence
Tigard, OR 91281 - Site Address: 10685 SW Fonner St.
Est. Population: Unknown at this time
Please refer any questions to Julia Powell Hajduk, Associate Planner at x401.
Attachments
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