City Council Packet - 04/16/1992
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Council Agenda Item
T I G A R D C I T Y C O U N C I L
MEETING MINUTES - APRIL 16, 1992
• Meeting was called to order at 5:38 p.m. by Mayor Edwards. '
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy
Fessler, Valerie Johnson, Joe Kasten, and John Schwartz.
Staff Present: Patrick Reilly, City Administrator; John
Acker, Acting Senior Planner; Loreen Edin, Administrative i
Services/Risk Manager; Liz Newton, Community Relations i
Coordinator; and Catherine Wheatley, City Recorder.
STUDY SESSION
Update to Council - Water Issues
City Administrator Reilly distributed:
• A "Water White Paper" (attached) which was prepared after
workshop meetings with representatives from Tigard,
Durham, King City, and the Tigard Water District with
information supplied by James Montgomery Engineers.
(Note: This Committee is hereinafter referenced as the
"White Paper Committee.") All Committee members have
reviewed the White Paper and indicated agreement with its
content.
• An April 16, 1992, letter from the Tigard Water District
Chair, Audrey Castile, which was received late afternoon
on this date. (This item has been f iled with the
meeting packet material.) The letter advises:
"...we believe it is in the best interest of
our constituents to remain Tigard Water
District, and not change the form of the
District or its Board at this time."
- "The Tigard Water District would like to work
with you to determine how we can more fully
involve you in our planning processes, and
keep you informed of our activities."
Council discussed the process to date and enumerated the options
available at this time. Mayor Edwards said it was time to decide,
in conjunction with those jurisdictions who have been involved in
the process, whether it was time to go ahead with a merger of some
sort or to step back. Council discussed the above-referenced
CITY COUNCIL MEETING MINUTES - APRIL 16, 1992 - PAGE 1
letter from the Water District briefly; clarifying questions would
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evening.
The following includes the major topics the Council noted in
discussion:
• How a merger concept would evolve with affected
jurisdictions.
• City of Tigard issue: One district for the entire City,
including the Metzger area now in the Tualatin Valley
Water District (TVWD).
• Agreement proposal to keep the Tigard Water District
intact; representation would be from the three cities.
Unincorporated area would receive the same service as
city residents.
• City concerns include land use issues, growth management,
and the need to plan for growth in the urban area of
interest.
• The Urban Growth Boundary and Tigard Water District
Boundary is consistent.
• Issues, which need to be addressed, affecting local water
decisions are coming from the State and region.
• Water source is of prime concern; a coordinated,
concentrated effort will be needed from all
jurisdictions.
• Water rates, by the year 2050, will be similar to charges
rate payers now pay for electricity.
• The proposal, from the White Paper Committee, would mean
that the Water District would become a stand alone
operation; that is, not a department of any of the
cities.
• Bob Santee, responded to Councilor Fessler's questions,
as to why he thought it was a good idea for the cities to
merge the water district as proposed. Primarily, he
noted the cities would have more influence with other
jurisdictions over critical water decisions which would
be made soon.
• A merger, through intergovernmental agreements, could not
be accomplished by July 1 because of statute requirements
and the amount of negotiation and issue solving that will
be required. In fact, this will be at least an 18-month
process even if all goes relatively smoothly.
CITY COUNCIL MEETING MINUTES - APRIL 16, 1992 - PAGE 2
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C Council meeting recessed: 6:02 p.m.
Council meeting reconvened: 6:20 p.m.
Ed Tenny of James Montgomery Engineers reviewed a flow chart
depicting a Tigard Water Sysiem Study Withdrawal/Dissolution
Proceedings. He advised that numerous decisions must be made along
the way if this was the direction taken by the participating
jurisdictions. He noted it was his experience that this type of
process was emotional and never without °'wrinkles."
WORKSHOP MEETING
Groups represented included:
• City of Tigard City of Durham
• City of King City Tigard Water District
• Unincorporated Area
(Note: Attached is an attendance list from a "sign-in sheet"
passed around the room.)
Ed Tenny of James Montgomery Engineers reviewed the scenario if the
decision was reached to establish a joint operation of the water
system which included the three cities, the unincorporated area,
C the Tigard Water District, and portions of the Tualatin Valley
Water District. Intergovernmental agreements would be drawn up
` which would address concerns for employees, governing structure,
asset ownership, debts, and protection of the unincorporated area.
Tigard Water District (TWD) Board Chair, Audrey Castile, reported
on the view of the issues by the TWD Board. The Board reviewed the
White Paper information and decided it would be in the best
interest of TWD to remain TWD but to work toward the end result as
proposed in the White Paper.
The TWD Board questioned the timing; that is, what was the
necessity of merging now? The Board's concerns were centered on
the well-being of their constituents, development of the
intergovernmental agreements, and the need for more communication
among the affected cities and the TWD.
Chair Castile referred to the fact that the Board recently hired a
consultant, Jeri Chenelle, to facilitate communication.
Additional comments from TWD Board members included the following:
• The needs of the community are the No. 1 consideration of
the TWD Board. TWD knows well the needs of their
customers.
CITY COUNCIL MEETING MINUTES - APRIL 16, 1992 - PAGE 3
• What improvements could the cities offer to TWD
customers?
• The cities' concerns for growth management were
acknowledged. TWD would be willing to communicate to
Raw allow more choices.
Discussion then opened up for general comments. Remarks included
the following:
• This process was triggered because of concerns when the
Metzger and Wolf Creek Water Districts consolidated (nour
k-qown as the Tualatin Valley Water District). It was
made more apparent at that time that local management of
the Tigard Water District could disappear. Thus, it was
decided to study the possibility of this occurring, along
with what other options were available.
• There was discussion on Metro and its increasing
aggressiveness being felt in the everyday decisions of
cities. The word "clout," meaning the collective ability
of the cities to express their constituents' viewpoint
more effectively, was referenced several times throughout
the meeting.
• There is "writing is on the wall" that there will
probably only be three or four water providers within the
next 10-20 years. Tibia area cared by the TWD will be in
a better position if this area has identified its own
water source.
• The Boundary Commission can initiate consolidation
without the TWD's consent.
• Source and supply are components of the "bigger picture."
If the cities withdraw their areas from the water
district and form a,joint water agency, this would offer
some protection and give the area time to work on this
bigger picture. If this was delayed, it would become
more difficult to accomplish.
• Water rates will increase; in fact, there will be a rate
increase of 28% this fiscal year.
• The City of Tigard is now served by two water districts,
Tigard Water District and the Tualatin Valley Water
District. Tigard would want its residents served by one
water agency.
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• The goal would be to keep the TWD intact and to protect
current employees.
CITY COUNCIL MEETING MINUTES - APRIL 16, 1992 - PAGE 4
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• There was discussion on what a joint water agency would
look like. This was compared to the Washington County
Consolidated Communications Agency which was formed
through a process provided in the ORS. This agency is
providing service to several jurisdictions through IGA's.
• IGA's would be negotiated at the very beginning of the
process. Also, IGA's would address and provide
safeguards for concerns.
• Concerns expressed to the TWD Board included:
a. Using water to "force" annexation.
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b. Diversion of funds for non-water system
expenditures might occur because water-rate
revenue falls outside the cap established by
Ballot Measure 5.
• Responses of possible solutions to the above concerns
were:
' a. IGA's would be formulated. Through the IGA's,
the interests of the unincorporated area would
be protected.
b. The agency, as proposed at this time, would be
formed under ORS 190; there would be no
diversion of funds as rates can only reflect
costs. i
• Annexation policies were discussed. The question was 1
asked: Why don't the cities annex out to their urban
growth boundaries? The response to this question
outlined the issues faced by cities with regard to timing
of annexation. When developed to urban density, these
areas do use urban services and should help pay the cost
of these services.
• There was discussion and questions from TWD and City of
Tigard representatives as to the vision and planning for
the future.
• Chris Thomas, attorney working with the James M.
Montgomery Company reviewed issues of concern to the TWD
employees. There are provisions set out in the ORS which ~
protect employment and status of current employees. The
TWD Board would have an opportunity to spell out
additional conditions for the employees in an IGA.
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lCITY COUNCIL MEETING MINUTES - APRIL 16, 1992 - PAGE 5
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• There was discussion on the two separate agreements which
the TVWD and TWD have to purchase water. These
agreements may not be considered an asset; they are based
on amounts available from other sources. There was
discussion on the need for regional planning and
identification of sources.
• There was review of a joint effort to examine regional
water issues spearheaded by the Portland Water Bureau.
Local jurisdictions have participated.
• The unincorporated area needs to be informed/educated to
understand the process and options. He-u this is
presented through "publicity and attitudes" is very
important.
• A key focus will be the educational process and to work
as a team.
• TWD will continue to operate as a district until
completion of the process outlined on the flow chart.
• The White Paper Committee, consisting of Water Board '
chairs, city administrators, mayors, and an
unincorporated area representative, will work on
C_ education process, timeline, and balances/checks.
• Another full multi-jurisdictional meeting will be held in
July.
Meeting recessed 8:58.
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Study Session meeting reconvened at 9:10 p.m. with Tigard Council
and staff.
Council authorized the Administrator to continue to use the
consultant as needed. The TVWD issue (i.e., Metzger area) would
be addressed later the Committee should get started. The City I
Administrator will keep TVWD updated.
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_ CITY COUNCIL MEETING MINUTES APRIL 16, 1992 - PAGE 6 i
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Q There was brief discussion on a media blitz to get information out
to people.
ADJOURNMENT: 9:25 p.m.
Qtte: Catherine Wheatley, City Recorder
or, City of Tigard
J //off ~~/oZ
Date:
=0416.92
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CITY COUNCIL MEETING MINUTES - APRIL 16, 1992 - PAGE 7
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Attendees - Multi-Jurisdictional Water Issue Meeting - 4/16/92
C^ Held in the Town Hall, Tigard City Hall
Name Representing
R. Joe Kasten City of Tigard
G. R. Edwards City of Tigard
Valerie Johnson City of Tigard
John Schwartz City of Tigard
Judy Fessler City of Tigard
Pat Reilly City of Tigard
Roger Gano City of Durham
Beverly Froude Unincorporated area
Gerry McReynolds City of King City
Jeri Chenelle Tigard Water District
John Miller Tigard Water District
Audrey Castile Tigard Water District
Bob Wyffels Tigard Water District
Clarence Nicoli Tigard Water District
Denis Borman Tigard Water District
Jon Kvistad Tigard Water District
Robin Franzen Correspondent, Oregonian
Bill Reinert Regal Courier, King City
Jack Polans King City resident
Bonnie Turner Tigard Water District
Diane Kuhn Tigard Water District
Lorry Christian Tigard Water District
Stephen Winchester Tigard Water District
Randy Volk Tigard Water District
Richard Sattler Tigard Water District
Rusty Thomas Tigard Water District
Samuel Morrison Tigard Water District
Traci Morrison
Carol Callaway Unincorporated area
Bruce Griswold City of Lake Oswego
Hill Hampton City of Tigard Resident
Ed Murphy City of Tigard
Loreen Edin City of Tigard
Ed Tenny James Montgomery Engineers
Bob Jossis James Montgomery Engineers
Chris Thomas Subconsultant to
Montgomery Engineers
John Buol City of King City
Cathy Wheatley City of Tigard
OEM CITY COUNCIL MEETING MINUTES - APRIL 16, 1992 PAGE 8
WATER WHITE PAPER
The Twd in conjunction with the Cities of Durham, KC and Tigard
have been examining the future of the TWD. This review is in
response to the increasing political, economic and technical
complexities associated with being. in the water business. The
primary purpose of this is to keep the district's operation intact
and secure, building on its history of excellent community service.
Water users within the district will not notice any change in how
water is being delivered. Residents of unincorportated areas served
by the district would be served the same as city residents.
The district would be governed by the three cities instead of an
independently elected board. This change in governance structure
would preserve local control of the district. The change would also
provide greater opportunities to plan capital needs more
efficiently and effectively; to pursue cost saving measures through
consolidation; and to better coordinate growth management.
The Cities of Durham, KC and Tigard, as a result of being in the
water business, would have the ability to influence the regional
water decisions now being discussed. Current discussions are
focused on the region's long term water source and the need to
consolidate water districts.
The TWD plans to conduct an community education effort to discuss
the potential changes within the district as well as to bring
district residents up to date regarding the regional water
decisions. In April there will be joint meeting of the Tigard Water
District and and the Cities of D, KC and Tigard to discuss the
potential governing structure.
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COMMUNITY NEWSP ,P S, INCO Legal TT 7231
Notice f
P.O. BOX 370 PHONE (503) 684-0360
BEAVERTON. OREGON 97075
Legal Notice Advertising
o p Tearsheet N~ , r 3
® City of Tigard
PO Sox 23397 0 Duplicate Aff
o Tigard, OR 97223
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AFFIDAVIT OF PUBLICATION ~ ~ =k•' a
STATE OF OREGON, ass j' ` ; ►
COUNTY OF WASHINGTON,
f.`
I, Judith Koehl m~® p - Y }
being first duty sworn, depose and say84ia T71t1esvert~sing }
Director, or his principal clerk, of the 1 s
a newspaper of general ir 4ion s defined in ORS lQ3.010
arc in the eu da
J, and 193.020: published ac
aforesaid go n pnd slate; ti} t the, r_ y
g cxa~ it y Gouncx~ Me-tin .a c
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for One successive and is t0c }
consecutive in the following issues: ~E" F x acs _ 03
April 9, 1992
-
efor'em9 this 9th d ayof A_ iL 1992.
Subecribedand.erroM to .
Notary Public for Oregon
My Commission Expires:
AFFIDAVIT
C
CITY OF TIGARD, OREGON
AFFIDAVIT OF NOTIFICATION
In the matter of the proposed
&Oc..wa ( Gvy~Kshy
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I
I, ~ i ne_ tohecd P , being first duly sworn, on oath, depose and say:
That I notified the following persons by phone or personal contact of the Notice of Special Meeting for
the Council Meeting of 44 /1 (In 1q Z , a copy of said written notice being hereto
attached and by reference made a part hereof on the day of C TQi~ r t , 19.
CONTACT METHOD: PHONE PERSONAL DATE TIME
Tigard Times Reporter at 684-0360
Name: leek M-ess!Lka? X gllq a Ion
-my- :Donn-&- sc 4~~'u
Oregonian Reporter at 297-8861
or 639-9867
Name:"*iv-. F:,ranr , X X 3
C~ducSaeL ~~h;r~
King City Regal Courier at 639-5414
Name: d~ i5a-- 2S}- x ~(rt~ ~J
~lv7`.£C.E W~5' pvs~ed' i n lvhb Chu-Ll2ti~ ~0~~~
Subscribed and sworn to before me this I471 day of d '19 OFFICIAL SEAL
R9, JOANN HAYES
C NOTARY PUBLIC-OREGON Notary is for Oregon
COMMISSION NO.006513
MY COMMISSION EXPIRES MAY 5, 1995 My Commission Expires: 5 1 ~9 `mil
logWcathyAnf<not
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C NOTICE OF CITY OF COUNCIL WORKSHOP MEETING
Notice is hereby given that a Council Workshop meeting has been
called by the Tigard City Council for April 16, 1992, 5:00 p.m., at
the City Hall Town Hall Conference Room, 13125 S.W. Hall Boulevard,
Tigard, Oregon.
The purpose of the Council workshop meeting is to review
information pertaining to the recent study and work completed with
regard to water issues for the City of Tigard. The Council will
then meet with the jurisdictions of Durham, King City and the `t
Tigard Water District at 7:00 p.m. in the Town Hall, 13125 S.W.
Hall Boulevard, Tigard, Oregon for a joint discussion on water
issues.
Catherine Wheatley, City Record r
April 14, 1992
notice
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WATER WHITE PAPER
The Twd in conjunction with the Cities of Durham, KC and Tigard
have been examining the future of the TWD. This review is in
response to the increasing political, economic and technical
complexities associated with being. in the water business. The
primary purpose of this is to keep the district's operation intact
and secure, building on its history of excellent community service.
Water users within the district will not notice any change in how
water is being delivered. Residents of unincorportated areas served
by the district would be served the same as city residents.
The district would be governed by the three cities instead of an
independently elected board. This change in governance structure
would preserve local control of the district. The change would also F
provide greater opportunities to plan capital needs more
NMVM efficiently and effectively; to pursue cost saving measures through
consolidation; and to better coordinate growth management.
The Cities of Durham, KC and Tigard, as a result of being in the
water business, would have the ability to influence the regional
water decisions now being discussed. Current discussions are
focused on the region's long term water source and the need to
consolidate water districts.
The TWD plans to conduct an community education effort to discuss
the potential changes within the district as well as to bring
district residents up to date regarding the regional water
decisions. In April there will be joint meeting of the Tigard Water
District and and the Cities of D, KC and Tigard to discuss the
potential governing structure.
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lC TIGARD WATER DISTRICT
8777 S.W. BURNHAM ST.
April 16, 1992 P.O. BOX 230000
TIGARD. OREGON 97223-9917
PHONE (503) 639-1554
Honorable Mayors, Councilmembers and Representatives
Cities of Durham, King City, Tigard and Unincorporated Areas
Dear Mayors, Councilmembers, and Representatives:
The Tigard Water District appreciates your interest in working with us to address the
important needs of our constituents. We are enthusiastic about working with you and
strongly want to include you in whatever ways we can.
The Board of Commissioners of Tigard Water District has carefully considered our
previous discussions with you, and the "white paper" which was submitted regarding
assuming governance of providing water within the boundaries of Tigard Water District by
the three cities and unincorporated areas. After careful consideration, we believe it is in the
best interest of our constituents to remain Tigard Water District, and not change the form of
the District or its Board at this time.
We share your concerns about the need for a long term water source. We have been
working for some time to establish a long-term, reliable, high quality supply of water. We
agree that water has become a regional issue, and that it is imperative for Tigard Water
District to continue to participate in regional discussions, studies, and action. We also agree
that you are impacted bit those regional discussions, and we would like you to be part of our
regional voice. It would be to our collective advantage for all of us to participate in these
discussions. United we would certainly exhibit greater strength for our area. We invite you to
participate and advise us of your concerns and ideas. We can be more powerful if we work
together in any matters where collective lobbying efforts are appropriate.
The Tigard Water District would like to help you address concerns about growth in the
unincorporated county areas of our service district, but there are legal issues which must be
addressed before we can commit to any action. Our legal obligation to provide water in our
District must first be carefully scrutinized before we can address this issue further. We will be
happy to make inquiries of our attorneys, and perhaps you could do the same with your
attorneys on our behalf.
We acknowledge that we could have done a better job of communicating with you
regarding our plans and services. We believe that if you were fully informed of our activities,
you would not have the concerns that you do. The Tigard Water District would like to work
with you to determine how we can more fully involve you in our planning processes,
and keep you informed of our activities. Since our constituents are your constituents also,
and since some of our services do impact the services you offer, we would like to have more
dialogue.
In summary, Tigard Water District wishes to remain a separate entity as it is currently
structured, without entering into an official "merger" or consolidation with the cities and
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Honorable mayors, Councilmembers and Representatives
Cities of Durham, Icing City, Tigard and Unincorporated Areas
April 15, 1992
Page 2
unincorporated areas to govern the District. We are prepared to offer the following to bring
you into our business affairs on a more informed basis:
1. We hope you will advise us and/or participate in negotiations for a long-
term source of water.
2. We would be happy to meet with you to talk about our long range
capital improvement plans and other activities planned for the District.
3. We want to explore forming Inter Government Agreements in the future as a
way to decrease or contain costs.
4. We will investigate further what legal options there may be for addressing
your concerns about providing water service for growth management
purposes.
5. We invite you to participate in discussions about regional water provision_
and advise us on the direction you believe would be most advantageous for
our patrons.
The Tigard Water District wishes to keep harmonious relations with the cities and
unincorporated areas we serve, and we look forward to working jointly on various projects as
we have in the past. The current discussions with the City of Tigard to share our fuel tanks is
just one example of the ways in which we can continue to work together. If there are other
ways we can eliminate duplication or work together more efficiently, the Board wishes to do
so.
We really want to have you advise us of your concerns, and we encourage you to
participate in developing the strategy in the negotiations which are continuing. We thank you
for your time and your forthrightness in the discussions we have had about your desires, and
we are confident that we can be congenial partners as we provide services independently to
our constituents.
Sincerely,
Audrey Castile, it
Board of Commissioners
Tigard Water District
PROCEED WITH FORMATION OF A JOINT WATER AGENCY
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Provides a means to manage The cost of water is
growth. increasing and will continue
to do so.
Long term water supply
Allows a more integrated situation is uncertain - (This
approach to service planning will need to be addressed
and delivery. regardless of what the
governing structure).
Provides the ability to Time/effort will need to be
influence regional water spent by the City to become
source planning and decisions. better informed and to
implement the plan.
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Possible economic efficiencies.
in billing, equipment sharing,
etc.
There would be a single water
purveyor for the City.
Control of water decisions
remain local.
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DISTRICT REMAINS AS IS
No effort is expended to As a special district, be
implement the change. consolidated/reformed, thus
local control is lost.
Future rate increases are an Future rate increases are an
issue of only the District. issue of only the District.
City manages growth with only
existing tools. f
The City has no voice in
regional water discussions.
The City continues to be
served by two special
districts.
Long term planning for water
is not interigal to land use,
transportation, and other City
planning functions.
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