City Council Packet - 05/18/1993
Council Agenda Item
T I G A R D C I T Y C O U N C I L
MEETING MINUTES - MAY 18, 1993
• Meeting was called to order at 5:33 p.m. by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy
Fessler, Wendi Conover Hawley, Paul Hunt, and John Schwartz.
Staff Present: Patrick Reilly, City Administrator; John
Acker, Assistant Planner; Ed Murphy, Community Development
Director; Tim Ramis, Legal Counsel; and Catherine Wheatley,
City Recorder.
2. Water Issues Discussion:
Tigard Water District (TWD) Board Chair Bob Wyffels and
Administrator Jeri Chenelle outlined the elements of the
agreement between Lake Oswego and TWD. Below are some of the
main points of their talk:
• The agreement represents the culmination of the direction
given to TWD by the Board about 2-1/2 years ago. Goal
was to secure a guaranteed, long-term source of water for
the Tigard area. The rough draft of the agreement was
completed in March; final agreement was reached in April.
• The Water District legal sources have approved of the
agreement. Lake Oswego has also indicated acceptance.
• TWD is Lake Oswego's largest customer and consumes half
of their water.
• TWD wants to continue to be Lake Oswego's best customer
and to continue to work with them; therefore, TWD is
willing to invest in Lake Oswego's system.
• Lake Oswego plans to expend $4.5 million over the next
few years in their distribution system. This will
increase their ability to have more water available.
Listed below are some questions\answers:
• City Administrator Reilly asked how Lake Oswego could
guarantee water delivery when state statutes provide that
only surplus water can be sold.
TWD Administrator Chenelle responded their attorneys have
advised them that there could be a guarantee of water.
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 1
• Mr. Reilly asked what would happen at the end of four
years when this agreement expires?
Ms. Chenelle advised renegotiations would have to occur
at that time. This is a first step in a series for long-
term water supply resolution.
• Mr. Reilly asked what are the impacts over several years
to the rates due to increases in rates to water users. i
Ms. Chenelle responded that she did not have this
information. She referred to handouts and noted water
rates per unit. The 20% increase recently approved is
reflected in the agreement.
• Mr. Reilly asked if a cost/benefit analysis had been
completed for any other options.
Mr. Wyffels advised it would have been more expensive to
get water from any other source at this time (i.e.,
Portland).
• Ms. Chenelle noted that when she arrived to work for the
Water District, her directive from the Board was to
secure a Lake Oswego contract. She noted that Portland
did not have surplus water last summer.
• In response to a question from Mr. Reilly, Ms. Chenelle
advised that TWD consumes 4 million gallons per day
(average) in the winter and twice that amount in the
summer. She commented that TWD is looking to the future
with regard to infrastructure improvements which will be
needed for increasing demand.
Mr. Bob Santee, former TWD Administrator for 20 years,
outlined some concerns he had with the Lake Oswego agreement:
• He said he did not think the Board intended to obligate
the remnant district with the $1.5 million improvement to
the Lake Oswego facility. Said obligation could be an
outcome of the agreement since it was questionable
whether or not the contract could be binding on the yet-
to-be-formed joint water agency (ORS 190).
• Mr. Santee questioned the value of paying for
improvements of a water system for which there was no
ownership or guarantees on cost or supply after four
years.
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 2
i
• He alleged that this was the first time since 1938 that
dollars would be expended outside the water district
(other than for water mains).
• The guarantee of 4 million gallons of water per day as
specified in the agreement was an advantage; however, Mr.
Santee noted that this falls short of the 10 million
gallons per day used by TWD in peak-demand periods. Mr.
Santee also advised that, by law, Lake Oswego and
Portland must provide a minimum amount of water to TWD.
He noted that because of the monetary participation in
the capital improvements to the Lake Oswego system, TWD
should be guaranteed a corresponding benefit such as
reduced water rates. He noted that rates in the proposed
contract escalate.
• Presently, the only leverage TWD has is the competition
between Lake Oswego and Portland as water providers. The
proposed contract eliminates options.
• Mr. Santee disagreed with the cost analysis of costs for
water delivery from Portland versus Lake Oswego.
TWD Board Chair Wyffels reminded meeting participants
that last summer Portland did not have any excess water.
TWD did not purchase any Bull Run water; subsequently,
the Portland rates were reduced.
Discussion followed on the above issues. City Attorney Tim
Ramis advised that it may be possible that if the successor
agency did not choose to abide by the proposed agreement, then
the remnant District could be encumbered with the contract.
Ms. Chenelle, in response to an inquiry from councilor
Schwartz, advised this contract was not being rushed now;
rather, negotiations have been in process for the last year.
She identified one of the problems with not signing the
agreement and waiting for the joint water agency formation,
was that this :could once again stop the process and delay the
work.
TWD Board Chair Wyffels expressed disappointment that Tigard,
King City and Durham did not come forward with any concerns
until now.
Ms. Chenelle confirmed that the TWD Board and the Lake Oswego
Council have approved the agreement; all that remains to be
done is a "ceremonial" signing.
Mr. Darrell Johnson, resident (The Highlands) of the
unincorporated service area in TWD said, as a retired
attorney, he reviewed the contract and has many unanswered
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 3
MEMO
questions. He noted that, if the election was held in
' September with the result being that the unincorporated area
did not want to dissolve and become part of the joint water
agency, then one fourth of the current users could be
"saddled" with payment of $1.5 million in improvements.
Mr. Johnson noted other issues relative to the transitioning
to the joint water agency.
Ms. Chenelle advised that the intent of the agreement was that
the joint water agency would assume the terms of the contract.
Legal Council Ramis noted the need to deal with issues "head
on." He advised there was still no draft 190 agreement (to be
prepared by TWD) available for review. Board Chair Wyffels
advised that the TWD legal counsel had been authorized to
release the draft agreement; Mr. Ramis should be getting a
copy in the near future.
Mr. Mike Miller, Engineer for the Tigard Water District,
described the situation with receiving Portland water. The
current rate is $1.77 per 100 cubic feet which dropped from
$3.23 which would have been charged last year. The rate went
down because Tigard did not use Portland water during peak
demand times last summer. Rates will never drop below $1.20
per 100 cubic feet from Portland. Mr. Miller_ advised that
Portland would eventually need to filtrate their water which
will be very expensive. Lake Oswego is already filtrating.
Mr. Santee disagreed that water rates from Portland would
remain so high if TWD purchased 100% of their water from them.
Rates were high, he asserted, because TWD would only use water
during peak demand periods.
Concluding the discussion were the following comments and
requests from the Tigard Council:
• Mayor Edwards noted that enough questions had been
raised, accompanied by his concerns for the
unincorporated area, that he hoped the TWD would hold off
for a short period in signing the agreement. He
suggested the joint water agency could work out some of
the details before final action was taken.
• Councilor Schwartz noted he was curious to find out how
the cities of Durham and King City felt about the
proposed agreement. He recommended that the TWD not sign
the agreement until the new entity was in place or at
least until Tigard had had an opportunity to discuss the
proposal with Durham and King City.
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 4
i
• Council Fessler noted agreement with the above Council-
members' statements. She noted her preference to get an
interim agreement drawn up to clarify what now appears to
be inferred.
• Councilor Hunt said that as long as there was a question
as to whether the joint water agency could be held
accountable as assignees to such a contract, then he
would like to see the TWD and Lake Oswego hold off on
signing the agreement.
• Councilor Hawley requested that, out of courtesy to the
new joint water agency, the agreement should not be
entered into at this time. She said the joint water
agency should have more say in determining future
contracts. Councilor Hawley said she would like the
contract to be clear; the intent with regard to
ramifications to the remnant district should also be
clarified. (Following wording was added as an amendment
to the minutes at the June 8, 1993 meeting: Councilor
Hawley advised that the portion of the TWD/Lake Oswego
contract that stated that water would be provided based
on reasonable availability was presented to the Council
by the Water District as a water "guarantee." Councilor
Hawley requested that this be clarified further: Does
this contract language really represent a guarantee or
not?)
Meeting recessed at 6:42 p.m. - Meeting reconvened at 7:00 p.m.
3. Council Goal-Setting Workshop
City Administrator Reilly reviewed the goals. He noted his
experience has shown that goals are best accomplished when
there is a reasonable number of them, they are measurable, and
they could be addressed by the staff and resources available.
Mr. Reilly distributed the third quarter report for the
current fiscal year advising the Council on the advancement of
accomplishing the previously set goals and priorities. He
reviewed the status of the priorities (Page 5 of the third
quarter report which is on file with the Council packet
material). Work will continue on these priorities.
Council developed a list of new priorities which is set forth
below along with some specific comments:
COUNCIL STATEMENT OF PRIORITIES
1993-94
(List is not in priority order.)
(The mark represents a vote this signifies that the
statement is one of the top five priorities by a Councilor.)
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 5
• Pursue Consolidation with Water Districts, Towards Having
One Water Purveyor for the City of Tigard.
This was a 92-93 priority and would remain on the list as
the City works towards participating in the formation of
a joint water agency and the next step of pulling in the
Metzger area currently served by the Tualatin Valley
Water District.
• Develop a Long-Term Financial Plan, Including Capital
Improvement Projects.
(Ongoing from last year.)
As part of this priority, Councilor Schwartz identified
that the City should continue to manage the tax rate so
that Tigard taxpayers remain under the Ballot Measure 5
cap.
• Develop and Implement a Proactive Annexation Strategy.
• Fully Implement Community Involvement Teams (CIT's).
Utilize CIT's to follow up on issues contained in the
"Tigard Talks" survey.
• Clarify Board and Committee Roles. /
Mayor Edwards noted that communication improvements
between Council and Boards and Committees has been a
perennial priority for each Council goal-setting session.
This was one of the reasons for the restructuring of the
Boards and Committees (CIT implementation). Councilor
Hawley advised that Boards and Committees look for
direction and policy statements from the Council (i.e.,
Planning Commission and Budget Committee). Councilor
Hawley stressed that written policies were needed.
Mayor Edwards said he thought some of the concerns could
be addressed with individual conversations with Board and
Committee members.
Legal Counsel Ramis advised that it is not uncommon, for
Planning commissions to ask about their purpose if a City
Council can overturn their decisions. Mr. Ramis said it
is important for Council to articulate their reasoning to
the Planning Commission (i.e, through the Planning
Director) if a Commission decision is reversed or
amended.
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 6
• Transportation Study Local Neighborhood Inputs.
C Councilor Schwartz suggested that funding alternatives be
forwarded to residents (an education component which
might be a good subject matter for the soon-to-be formed
CITs). For example, explain to residents the benefits of
Local Improvement District formation and how they can be
accomplished.
• Develop Future Community Leaders What it Takes to be a
Councilor. /
Councilor Hunt suggested that six months prior to the
filing deadline for City Council elections, an
educational orientation meeting be offered to persons who
are potentially interested in a Council position. This
would give them a better idea of all that is entailed
with Council service.
• Review Development Code for Better Neighborhood
Protection from commercial. /
• Assess/Complete Inventory of Goal 5 Resources. /
Councilor Fessler advised of her desire to see the Goal
5 resources inventoried. The wetlands are currently
being identified; Councilor Fessler noted she would like
all resources under Goal 5 to be listed.
• Position Tigard as a Planned Economic Activity Center
Legal Counsel Ramis described what he envisioned as a
potential area to be considered as a Economic Activity
Center in Tigard (as distinguished in Metro's Regional
Urban Growth Goals and Objectives [RUGGO]). He referred
to the Lincoln Center area, the Tigard Triangle area and
the downtown area which could be identified as Tigard's
"central city." The area could be designated for mixed-
use development lending itself to become an easily
accessible link to mass transit. Mixed uses allow for
the possibility of higher assessed values with less
demand on services. It was noted that the more
residential development there is, the more demand there
would be on services.
Councilor Schwartz questioned whether an Economic
Activity Center was in keeping with the results of the
concerns expressed by residents who responded to the
recent "Tigard Talks Survey." The difference may be that
this would be planned, with density in areas where
alternative transportation would be available and
eventually lessening the impact to other areas. There
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 7
was discussion on the need for good planning and for a
proper balance between commercial and residential
development.
• Review of Charter /
Councilor Hunt outlined a few of his ideas for possible
Charter amendments. One change he would like reviewed is
to not have Councilors elected by position since the
position numbers do not reflect specific areas of
representation. For example, if Positions 1 and 2 are
open and 5 people run, they would not have to file for a
specific position as is currently the case. Instead, a
person would run for Council and, if two positions were
open, the top two vote recipients would be elected.
Councilor Hunt also suggested that there be seven
councilors instead of the current five. This would
provide more continuity as vacancies occurred because of
resignations and term expirations.
• Inventory Pedestrian/Bikeway Needs
There was council discussion on the FY 92-93 priority concerning
the Mission of the 99W Task Force. It was suggested that the 99W
Task Force's work be expanded. Councilor Hawley said she felt the
Task Force needed to remain even more focused on 99W; i.e., develop
advocacy with the Oregon Department of Transportation (ODOT) with
regard to the impacts of the Western Bypass. City Administrator
noted that dollars for an access management study would soon be
received from ODOT. Councilor Fessler noted increasing pressure
for permits to access 99W which were becoming scarce for
redevelopment. She said that a policy on access and development
needed to be formulated.
Council discussed teamwork and effectiveness. There was consensus
that there would often times be disagreement on issues; however,
once a decision or goal was reached by a majority of Council, all
members would support the decision as a common Council-directive.
Council discussed the need for good communication and to contact
one another, when appropriate, to advise of issues or concerns.
Council meeting recessed: 9:00 p.m.
Council meeting reconvened: 9:10 p.m.
City Administrator reviewed with Council the following issues
pertaining to Council operations:
• Improve Communications/Information Sharing
Councilor Hawley advised that the weekly Council
Newsletter, written and distributed by the City
Administrator, worked very well. This could be utilized
by Councilors to communicate with one another.
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 8
P
• Council agreed that they would like to meet at least once
a year with the Beaverton and Tualatin Councils. They
would also like to meet (jointly) with the Councils of
Durham and Icing City.
• The Timothy Lake conference may not be continued to be
sponsored by PGE. City Administrator advised that the
Washington County Managers' group is reviewing
alternatives along the same format as Timothy Lake.
Councilor Schwartz asked that the City of Lake Oswego be contacted
with reference to the discussion held earlier in the meeting on the
proposed contract between Lake Oswego and TWD. He was concerned
that the wrong message might be conveyed to the Lake Oswego Council
about why Tigard expressed concerns with the contract.
Council reviewed a copy of TWD Administrator Jeri Chenelle's
contract. A copy of the contract and key issues of concern are on
file with the Council packet material.
5. EXECUTIVE SESSION: Cancelled.
6. ADJOURNMENT:
Attest: Catherine Wheatley, City ecorder
JA A-V'-
Ci y of Tiga d
Date: c=0518.
r
CITY COUNCIL MEETING MINUTES - MAY 18, 1993 - PAGE 9
r CITY OF TIGARD, OREGON
AFFIDAVIT OF NOTIFICATION
In the matter of the roposed . - '
18~4~
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
1, jz~x2w~ L(' , being first duly sworn, on oath, depose and say:
That I notified the following persons hone or personal contact of the Notice of Special Meeting for
the Council Meeting of4u copy of said written notice being reto
attached and by reference made a part hereof on the 1 _ day of
CONTACT METHOD: PHONE PERSONAL D E TIME
Tigard Times Reporter at 684-0360
Name: X01)0 5c h tyl,d f- J~,,c s~v F$ ►ru~ h 5/l7 ki3 11 airy,
- Oregonian Reporter at 237--M1
or 6,W--3867 7~43
Name~t7bi n (~,I7 X /U: 3GL.s-►-.,
-D v~
a -yyj
King City Regal Courier at 639--54t4
Name: n'rlP,~2o-a q3 J
'-Y) ~ hPl1-t~Q
Subscribed and sworn to before me this l day of vy\.aAA , 19_. QL 4_3
0FFIC1'%S2'L m .
M. JOANN HAVES
ra° NOTARY PUBLIC-OREGON Notary Pu is for Oregon
COMMISSION: NO.006513
MY COMMISSION EXPIRES MAY 5, 1995 My Commission Expires: q
Ioglnlcathy\at(not
r
Lin n a - Fy;
Post-it" brand fax transmittal memo 7671F# of pages s ( ® j«
TO-T )DO r1G ~t 1_n1 From C~f4 l 1~t1 t ~A F TI OREGON
Dept. Phone # z
Fax# Fax# ~C,r`~1Ctr
Mayor
Jerry Edwards
City Council
Judy Fessfer
Wendi Conover Hawley
Pad Hunt
Revised Notice Posted 5/17/93; revisions John Schwartz
are in bold in text below:
f
Notice of Council ' Ming
Notice is hereby given of a Tigard City Council Goal Setting and
j Discussion Feting at 5:30 p.m. on Tuesday, May 18, 1993, in the
Town Hall Conference Room, 13125 S.W. Hall Boulevard, Tigard,
Dregon. The purpose of this meeting is to set City-wide goals for
Fiscal Year 93/94 and to discuss the proposed agreement between the
City of Lake Oswego and the Tigard Water District
For further information, please contact City Recorder Catherine
Wheatley at 639-4171, Extension 309.
fg /(ara i,d R. Edwards
Mayor, City of Tigard
Date: May 7, 1993 (revised 5/17/93)
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
T
CITY OF TIGARD, OREGON
AFFIDAVIT OF NOTIFICATION
In the matter of the proposed
(!Ounb ( 62 0C(( Sync
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I, 4- 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 !3-//5/g3 , a copy of said written notice being hereto
attached and by reference made a part hereof on the ? 't!71 day of , 19.
CONTACT METHOD: PHONE PERSONAL DATE TIME
Tigard Times Reporter at 684-0360
{ Name: !~)!t P eZ SCA61 ( f X
Oregonian Reporter at 297-8861
or 6639-9867 /
Name: _ Zbt 1) AZ?)
Subscribed and sworn to before me this day of Yf\ , 19 9 3
d OFFICIAL SEAL k:-
M. JOANN HAYES
Notary P is for Oregon
NOTARY PUSL IC-OREGON
COMMISSION NO. 006513
f.!Y COMMISSION EXPIRES MAY 5. 1995 My Commission Expires: W\!:!~ t g 45
ioglnlca1hy43ffnot
CITY F TIGARD
OREGON
Mayor
Jerry Edwards
Notice of Council. Meeting
City Councll
Judy Fessier
Wends Conover Hawley
Paul Hunt
John Schwartz
Notice is hereby given of a Tigard City Council Goal-Setting
Meeting at 5:30 p.m. on Tuesday, May 18, 1993, in the Town Hall
Conference Room, 13125 S.W. Hall Boulevard, Tigard, Oregon. The
purpose of this meeting is to set City-wide goals for Fiscal Year
93/94.
For further information, please contact y Recorder Catherine
Wheatley at 639-4171, Extension 3
Ma sty of Tigard
Date: May 7, 1993
9
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
4
~iSTfibv..~-P_Q
s 10,
p men Ch-e n
1Q3 CUu.n
~Y12Q '19
MEMO
TO. Honorable Chair and Board of Commissioners DATE: April 8, 1993
FROM. Jeri L. Chenelie Q~a2;-/G~
SUBJECT: Lake Oswego Water Supply Agreement
Statement of Issues;
On March 9, 1993, the Board approved in concept the agreement with Lake Oswego, but
requested further consideration from Lake Oswego for a minimum purchase requirement of 1.5
million units, and a written statement of intent to increase our supply of water as we
participate financially in their system. Lake Oswego has agreed.
Recommendation:
Approve the attached water supply agreement with the City of Lake Oswego.
Analysis:
The agreement provides that Lake Oswego shall provide Tigard Water District with 4 million
gallons daily, barring significant failure of any part of the water infrastructure. In return,
TWD agrees to buy 1.5 million units (unit = 100 cubic feet) of water annually.
The agreement also fixes rates for the next 4 years so that we will not have any surprise rate
increases. In addition, the agreement commits TWD and Lake Oswego to sharing the costs of a
new main transmission line which increases the capacity of Lake Oswego to serve us.
Fiscal Impact: w
Lake Oswego has estimated a maximum of $1.5 million for our share of costs for the main
transmission line. We have discussed funding $500,000 out of our reserves and financing $1.0
million. Because our initial costs are small, we do not need to obtain financing until the 94-95
fiscal year.
Rate increases to us will be effective March 1, 1993.
Alternatives: - - - - -
1. Do not approve the agreement.
2. Request further modifications.
Attachment: Water Supply Agreement
x
I
MEMO
TQ Honorable Chair and Board of Commissioners DATE: March 4, 1993
FROM: Jeri L. Chenelile?
SUBJECT: Water Supply Agreement with Lake Oswego
Statement of Issues:
As directed by the Board, an agreement with Lake Oswego for a guaranteed water source which
has been finalized.
Recommendation:
Approve the attached agreement entering into a new water supply agreement, and amend the
water purchase requirement to 1.5 million units.
Analysis:
The attached Water Supply Agreement was approved by Lake Oswego's City Council March 2,
1993. The agreement provides that Lake Oswego shall provide Tigard Water District with
4 million gallons daily, barring significant failure of any part of the water infrastructure. In
return, TWD agrees to buy 2 million units (unit = 100 cubic feet) of water annually.
Lake Oswego had originally proposed that we buy 2,414,340 units of water based on previous
usage, and agreed to a lower requirement of 2 million. However, our most recent projection for
this fiscal year is 1.7 million units, because of the water restrictions last summer. Because it
is possible that water restrictions may be implemented again, I would recommend that we lower
the amount of the water purchase requirements.
The agreement also fixes rates for the next 4 years so that we will not have any surprise rate
increases.
In addition, the agreement commits TWD and Lake Oswego to sharing the costs of a new main
ifansmission line which, increases the capacity of Lake Oswego to serve us.
Fiscal im act: - - - -
1. Lake Oswego has estimated that 15% of the total project costs for the main transmission
line will be incurred in the first six months, 70% the next 18 months, and 15% the last
six months. We have discussed funding $500,000 out of our reserves and financing $1
million. Because our costs will be small to begin with, we do not need to immediately obtain
financing.
2.- lriareases-in Lake Oswego water rates will have the following impact on us:
1 unit = 100 cubic feet
Fiscal Year 92-93 - Base Year
Actual consumption July 1 - Feb. 28 1,173,745.24 units @ $.50/unit = $586,872.62
Projected consumption Mar 1 - June 30 753,178.66 units @ $.50/unit = $376.589.33
Total Dollar Amount $963,461.95
r Water Supp,'y Agreement with Lake-Q3 wego_
Fiscal Year 92-93 - Water Costs Based on New Contract
Actual consumption July 1 - Feb. 28 1,173,745.24 units @ $.50/unit = $586,872.62
Projected consumption Mar 1 - June 30 753,178.66 units @ $.57/unit = $429,311.84
1,926,923.9 Total Units for Year Total Dollar Amount $1,016,184.46
Difference between base year and new contract using projected consumption =
$52,722.51 increase over base.
Fiscal Year 93-94
Projected consumption based on Base Year 92-93
Projected consumption July 1 - Feb. 28 1,243,050.74 units @ $.571unit = $708,538.92
Projected consumption Mar 1 - June 30 753,178.66 units @ $.621unit = $466.970.77
1,996,229.40 Total Units for Year Total Projected Dollar Amount $1,175,509.69
Fiscal Year 94-95 - No water cost increase during fiscal year
Projected water cost with 2,000,000. units @ $.62/unit = $1,240,000.00
Fiscal Year 95-96
Projected water cost with 2,000,000. units @ $.65/unit = $1,300,000.00
Fiscal Year 96-97
Projected water cost with 2,000,000. units @ $691unit = $1,380,000.00
Fiscal Year 96-97 water costs from Lake Oswego is $416.538.05 more than the base
fiscal year 92-93 which was based on $.501unit for entire fiscal year.
Alternatives:
1. Do not enter..into a new agreement with Lake Oswego.
2. Request modifications to contract and negotiate further with Lake Oswego.
3. Explore other alternatives as a primary water source.
Attachments:
1. Proposed Agreement for water supply.
2. Charts from CH2M Hill Study.
3. Memo regarding cost estimates.
- 4 : t;urrenf agreemerr: with Lake Oswego. - -
2
WATER SUPPLY AGREEMENT
BETWEEN THE CITY OF LAKE OSWEGO
AND TIGARD WATER DISTRICT
THIS AGREEIv1ENT is made and entered into this day of April, 1993, by and
between the City of Lake Oswego, a municipal corporation of the State of Oregon (hereinafter referred to
as "City"), and the Tigard Water District , a municipal corporation of the State of Oregon (hereinafter
referred to as "TWD").
WITNESSETH
WHEREAS, the City and TWD have previously entered into an existing water agreement providing for
the cooperation of the parties in connection with the supply of water for municipal purposes; and
WHEREAS, the City and TWD wish to enter into a new agreement for water supply, water commitments,
rates, and certain mutually beneficial capital improvements, which supersedes the existing agreement.
NOW THEREFORE:
1. The City shall supply TWD at least 4 million gallons per day (MOD) of water throughout the term
of this contract subject to reasonable availability of water. City reserves the right to restrict sale of water
from June 1 - September 30 of each year during the contract period to 4 MOD if the water is needed for
In--City customers,-Forest Highlands customers,-Glenmorrie Water-District, and Skylands Water District.
Glenmorrie Water District and Skylands Water District serve In-City customers through separate special
districts. Reasonable availability of water supply shall be defined as water supply in the normal course of
business, barring significant failure of any part of the water infrastructure. TWD will not pay for water
that is not made available for its use under-the tears of this agreement. -City shall give a minimum of 24 - -
hours notice to TWD that its supply above 4 mgd may be restricted; every attempt to give as much notice
as reasonably possible will be given at all times.
• R
( 2. TWD agrees to purchase at least 1,500,000 units (unit = 100 cubic feet) of water from City on an
annual basis beginning March 1, 1993 through June 30, 1997 at the water rates in this agreement, unless
both parties mutually agree to a lower amount due to unusual circumstances. If the customer base of
TWD and/or its successors or assigns is reduced in the future, the water purchase requirement shall be
reduced proportionately.
3. Water rates per unit:
Period
3/1/93 - 2/28/94 $0.57/unit
3/1/94 - 6/30/95 $0.62/unit
7/1195 - 6/30/96 $0.65/unit
7/1/96 - 6/30/97 $0.691unit
Water purchased by Lake Oswego from another jurisdiction in order to meet TWD's peak needs shall be
provided pursuant to a supplemental agreement between TWD and the City.
4. TWD will pay SO% of all reasonable costs for approximately 12,000 linear feet of 36" pipeline
improvements for finished water transmission, herein referred to as Main Transmission Line (MM). The
MTL will run from the Lake-Oswego Water Treatment-Plant,-located in West Linn, to Laurel Street-in
Lake Oswego, or, if applicable, a more favorable alternate route. The MTL is one of the major
components required to increase ability to the City to supply Purchaser's current and future needs. Costs
related to the MTL will include the following: Engineering design, right of way acquisition, pipeline
-construction costs and-related construction repair.- (including repair/reconstruction of existing streets}, and
other related City costs including MTL related engineering and planning personnel costs which are
normally charged on work orders at their normal chargeable rates. The parties agree to meet and confer
on costs before the project goes to bid and at the conclusion of construction.
5. The City considers water surplus sales to be an important component of the efficient operation of its
water system and desires to sell to other purchasers on a surplus basis any water not reserved for use by
TWD. Therefore, the City may require a 5 day notice of estimates of water usage by TWD so that if
water is available and TWD's desire is not to purchase it, it may be sold to other bulk water purchasers.
6. The sale of water to TWD is intended for the use of TWD customers within TWD service
boundaries. Resale of water by TWD to bulk water customers outside the current boundaries of TWD
requires the advance written consent of the City, unless needed in an emergency.
7. TWD will have access to all records and transactions related to the MTL upon advance notice in
order to assure itself that the project is proceeding in an acceptable manner and at reasonable cost.
Regular project reports shall be provided TWD on a monthly basis during all phases of the MTL Project.
The reports shall be sufficiently detailed to provide TWD with information on percentage completion,
1 progress payments made and payable, identification of excess or unexpected costs, and other information
necessary to manage TWD's participation in the project. Other project related reports shall be available
on a bi-weekly basis during construction.
8. Financing for the MTL will be as follows:
A. All reasonable costs related to the MTL will be paid as follows: 50% by the City and 50%
by TWD, up to a maximum of $1,500,000 for TWD.
B. Progress payments -_Progress payments related to the MM will be paid as- they are
incurred by the City and then billed to TWD. Any outstanding balances on progress
payments will accrue finance charges after 30 days from date of billing at the average
annualized yield for each month established by the Oregon State Local Government
Investment Pool.
9. Each time negotiations between TWD and the City take place, the City will consider increasing the
guaranteed amount of water as TWD participates financially in new capital improvements to the City's
water system.
17
i
10. This Agreement will take effect March i, 1993 and supersedes all previous agreements for water
supply, water rates, and capital improvements between TWD and the City.
11. This Agreement is binding on the parties hereto and all successors and assigns.
1
's
12. All administrative, litigation and appeal expenses, reasonable attorney fees, collection expenses,
necessary witness fees, and court costs and disbursements incurred by the prevailing party in any dispute.
i
or claim under this agreement shall be paid by the nonprevailing party to the prevailing party.
3
l
{
S
DATED this day of April, 1993.
s
f
i
TIGARD WATER DISTRICT CITY OF LAKE OSWEGO }
t
Robert C. Wyffels Alice L. Schlenker
Chairman, Board of Commissions Mayor
ATTEST:
Kristi Hitchcock
City Recorder
3
fs
M-0- -Costs .
PAIJ e A-5. ta,oo~ -
E>RPAJJTMVN-f OF PtTBLSC WORL
NUMORANDUM
TO: Bruce Criswold, Director of Finanm ~
FROM Buzz Clark, Utility Systems Engineer '
SUBJECT. Work Order 9936 - Preliminary Schedule of Tune Table and Costs Associated
with the Complete Process of Making the Proposed 36" Water Treatment Plant
(VM) Transmission Main a Reality
DATE: February 9,1993
Fast of all let me explain that this project has started and stopped twice in the past and there
is an associated cost to the City of approximately $35,000 from September 1991, -to December,
1992.
Per your request, delineated below is my best projection, at this time, of the time table and
ousts associatedwith the "renewed" project:
a~
city staff Cc&s n
AdV1ty Time Period Cost r^Bt
Selection of consultant and 9/91-12/92 $35AOO
signing of contract 1/1/93-6/30/93 $31A00
Consbmctian plans and -
specification, bid, 9igxt
6ristruction contra
a. Alterhate alignment analysis
and alignment selection 7/l/93-12131/93 $13,004 $113,000
- -1?- . - Pre4rginary Design -1/1/94--4/30/94 -$6.300 $75,(00
c. Final Design - 5/1/94--7/15/94 $060 - -$37,500
d Construction bid and signing
of construction contract 7/16/%-9/15/94 $1,900 $12,500
Work order 9936, Memorandum
Page Iof2
i wires 0%wew, Orman V!!im • ew 63&,mm - rAX m) ram ow
Date of Last Revision ! •13 •q3
CONSULTANT SELEMON SCHMULE
CITY 016 LAKE OSWEGO
Work Order 9936;1Proposed Sts Water Trea.t=tnt F1Mt Trar1imisslan Main
"V
J-~ 1) Scrape of Work in general terms developed, B.C-
1.15 2) Complete Request for Qualifications OMQ-), B.C.
1-15F 3) Complete advertisement, B .C
.LZa21 %X 4) Place adverrtisemmt: in Daily Journal of Commerce (D.J.C.), B.C.
2• 7T: 5) Due date for Stab=tent of Qualificadmis (S.O.Q. s).
-6) Distribute S.O:Q.'s to selection committee, MC
2•!7 W 7) Selection committee completes individual S.O.Q. evaluations.
IME 8) Selection o=urtittee meets at Lake Oswego City HAAH to determine the 4-6
JD,t•.*~•yp•~ firms that will receive Requests For Pmp6sals (R.F.P.}
9) Final of RAP. (same changes may result from S.O.Q. process
queshons.C
~•~6F 10) Send R Z s to short-listed fin=, B.C.
2~ F 11) Mail letter to Ina wlected firms-, B.C
.qJ- : M ' 12,) Question and answer peiW for" P-P.P. firm!,, H.C., D.C., G.D.
13) Due date for prttpcsals.
10 Distribute proposals to wlectkn +ov,'.mtit~, B.C.
15) _ sdectivn e~aa:n:tt W--4pl°Ws i livid„A s~t~a►tlon of RAR's.
W 16) Selicticc ajm E e mats at Lake Oswego aty Mall to dettrmine three
,-•L* (3) firths to be intro viewed.
~-•1'~ E 17) B.C- sends letter to seceded firms and idenifies time and date for
minute interviews. _ tes locum lore, 30 mitaute and answer, , 45
-
10:34 ? yQ d c~Mdt1)ee.) =s= schedule $•.30 am,
a.m,.ltmcb 1 p m. 200 p.m., 2.`00 p =L - 4..M p L Also, notify
-not selected fkxns%
W 18) SdeWon arm dtfee interviews three (3) consulting teatime. -
.5 AA 19) Write recommendation of consulting eantract award to City Council, B.C.
- 75*- 20) Plan: recommendation on Council age[tda, K.A.
5.1 -rte 21) Council award of consulting wmract.
f
Eng. Desl &
~dty Mme Pedod _ C -staff ~ C0
Construction project
nmm!Sge*ent,100% inspection,,
and final acceptance by
consultant 9/16/94-6/30/95 $18,800 $75,000
Construction Contracts $2,500,000
subtotals $112,300 $2.813,000
City Staff Sub-Total $112,300
En& Design and Construction Subtotal x$15=
TOTAL ESTIMATED PROJECT COST $2,925,300
t
This ro" cted time table and east is based an a normal paged project. An acoelerated
eompppe= time tabler could cause unforeseen glens as far as available consultant
staft'uig to meet the new deadlines and would definitely result in increased costs in all areas.
BC/kaa
a J. R. Baker, City Engineer
n~ -
t
Work Order 9936, Memorandu;m7'
a q83. s
• t - 1 SV~:~-` DUPLICATE
ORIGINAL
AGREEMENT FOR WATER SERVICE -
This agreement is entered into. by and between Tigard Water
District herein called "Purchaser", and the City of Lake Oswego,
herein called "City".
Purchaser and City agree:
1. City is a municipal corporation.organized and existing
under the laws of the State of Oregon: City operates a municipal
water system. - City -is authorized by its Charter, by state law,.
or both to enter an agreement for the sale of surplus water to
purchasers outside its corporate limits.
2. Purchaser is a municipal corporation organized and
existing under the.provisions of ORS 264.-Purchaser is engaged
in the supply of water for domestic purposes to the residents in
its respective area. Purchaser is authorized by state -law to
enter an agreement for the purchase of water to serve its patrons.
I. Both parties represent that the person signing this
agreement on its behalf. has. been duly authorized to bind it to
the terms of this agreement. Evidence of such authorization for
City is attached hereto as Exhibit "A", and for Purchaser as
Exhibit "B", each exhibit by this reference is made a part hereof.
4. The services and commodity provided by City are a-special
contract service and are not provided by City as a common utility
service.
S. City'-agrees to furnish and sell, and.Purchaser agrees to
buy surplus water at the rates-established pursuant to this agree-
in mt : and pursuant .to -its. terms `and_ conditions. - Purchaser recog-
nizes - and agrees that it-is the duty of the City-to furnish water
at a normal volume and pressure to the City and its individual,
regular water service customers before selling water to Purchaser.
City will endeavor -to maintain a normal volume and pressure on its
distribution system at the point of connection to Purchaser's
water system. City shall attempt to give the best notice -possible
to=Purchaser- when lsurplus'water _is not -available.---No -liability on -
.behalf of- City or -its -officers, employees- or agenL4..s shall. atibOa - - -
from-any curtailment or'interruption of service- consistent with
the terms of -this -agreement. --:Purchaser agrees to defend, -indemnify
and hold the City harmless for claims.br0'ught.by or through Pur-
chaser's Customers for damage-of any-nature resulting from such
curtailment or interruption of service except for claims attribut-
able to negligence by the City.
1 - Agreement
6. Purchaser agrees to pay monthly to City, on or before
the 21st of the month,. for all water passing through the master
meter connection during the immediately preceding month at a rate
of 401 per. one hundred (100) cubic feet as measured. by the master
meter. Should the master meter at any time fail to measure
accurately the surplus water passing through said meter, the. rate
for such water delivered during the -time the" meter is out-of-
order shall be based on the estimated volume supplied as City and
Purchaser may determine by using averages and statistics for prior
similar periods.
If the amount of *money paid to City for any fiscal year,
starting July 1, 1983, does'not equal $75,000, Purchaser agrees
to pay to City the difference between the actual amount paid and
$75,000. This obligation to. pay a minimum amount is contingent
upon the City's ability to provide Purchaser a volume of water
that would cost the minimum amount due, computed at the then cur-
rent rates. In the event territory is withdrawn from boundaries
of purchaser's service area, the minimum amount due shall be
reduced in an amount proportionate to the reduction in water con-
sumption of the service area.
{ City reserves the right at any time to review the rates for
surplus water furnished to Purchaser and to make such adjustments
as it deems necessary.. The amount of a rate adjustment, if any,
shall be in the sole discretion of City. In the event that City
increases the rate; the increase shall not become effective until
not less than ninety (90) -days after written notice of such in-
crease is given to* Purchaser. City will attempt to notify Pur-
chaser by April lst of-each year of any contemplated changes so
that Purchaser can include such changes in its annual. budget
which begins on July lst.
7. Attached as Exhibit "C" of this agreement is a map show-
ing the boundaries of the area served as of July 1, 1983, to be
served with water by Purchaser. The.water furnished to Purchaser
under- this -agreement is for the primary -benefit -of -users- within
the area shown on the map. Purchaser agrees to notify City of
any change in its boundaries.
8. City shall own, operate, maintain, repair or replace all
water system facilities necessary to furnish water -to the outlet
side of the master meter used for measuring the quantity of water
delivered to Purchaser. City shall impose no charge other than
established pursuant to Paragraph 6.
2 - Agreement
i
9. In cases of emergency, Purchaser may reverse the flow
and, reciprocally, provide City with its (Purchaser's) surplus
water to meet the City `s minimum needs. - The current rates as
established and,•subsequently,'adjusted pursuant to Paragraph 6
shall prevail for the first twenty-four (24) hours of such ser-
vice. Thereafter, - the'unit cost per one hundred (100) cubic
feet shall be equivalent to the wholesale rates as-determined
by Portland Water Bureau -in its fiscal. year Rate Ordinance for
Service Area IIi-(pumped transmission).
10. This agreement shall be in effect for an initial period
of ten (10) years beginning July 1; 1983, and shall automatically
be renewed for subsequent five (5) year periods, subject to the
provisions of Paragraphs 11 and 12.
11. Either City or Purchaser may terminate this agreement
after the initial ten-year period on June 30 of any year if, and
only if, written notice of such intent to terminate is given to
the other party no later than July 30 of the fifth year prior to
the one in which termination is intended. Written notice of in-
tent to terminate cannot be.given earlier than June 30, 1988.
12. The terms of this agreement may be amended by. mutual
! agreement of the parties. Any amendment shall be in writing,
shall refer specifically to this agreement and shall be executed
by both parties.
13. Neither the benefits received by Purchaser nor the
obligations incurred under the terms-of this agreement are assign-
able or in any manner transferable by Purchaser without the
written consent of City.
14. All written notices required under this agreement shall
be sent to:'
For City.. City-Manager
P. O: Box-369
348 N: State "Street
Lake Oswego, OR 97034
For Purchaser Administrator
Tigard Water District
8841 S. W. Commercial Street
- - -Tigard; OR _ 97223= -
3 - Agreement
15. This agreement supersedes any formal or informal water
supply agreement existing between the parties hereto. The date
for assumption of rights and duties of service by City and
collection of charges therefore shall be the lst day of July,
1983, the effective date of this agreement.
Executed in duplicate original.
Date: July 12 , 1983 Date: AuZuSt p ~ 7 gR3
TIGARD WATER DISTRICT CITY OF LAKE OSWEGO
Chairman
Board of Commissioners
1
Secretary
Board of Commissioners
4 - Agreement
17'
f MEMORANDUM
l
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council ,
FROM: Patrick J. Reilly, City Administrator
DATE: May 13, 1993
SUBJECT: 3rd Quarter Report
Attached is the 3rd Quarter Report for this fiscal year. Staff has
summarized what we believe to be significant advancements in
support of the Council's broad goals. In addition, a status report
on each of the Council's priorities is provided. (Third quarter
additions to the report are shown in BOLD AND ALL CAPS.)
Please note, the attached report is not an exhaustive summary of
all activities; however, I believe it represents the significant '
activities of the organization relating to the Council's goals and
priorities.
Please contact me if there are any questions.
c: All Supervisors
h:\login\pat\3rcnemo
i
THIRD QUARTER REPORT ON GOALS AND AREAS OF CONCENTRATION, 1992-93
The primary mission of the City of Tigard is to enhance the
quality of life of its residents. Pursuant to this mission, the
Council adopted the following seven broad goals in 1989 to guide
the governance of the City. ACTIVITIES LISTED BELOW REFLECT
STAFF'S CONTRIBUTION TO THE CITY'S MISSION.
I. To create a strong sense of identity.
A. Staff actively participated in the preparation of the
Chamber's Leadership Seminar. Council authorized and
awarded two full scholarships.
B. Educational services offered program on City's history,
leading tour of cemeteries.
C. Literacy PSA filmed at Library.
D. Agreement with George Fox College MBA Program, providing
local access to college materials and databases.
E. More active role planning next year's Cooking in the Park
(or successor event).
F. Eliminated use of post office box, the result of a new
Zip Code being assigned.
G. COMMUNITY SURVEY IS BEING PREPARED.
H. TIGARD-TUALATIN SCHOOL DISTRICT BOARD AND COUNCIL MET AND
DISCUSSED ITEMS OF MUTUAL INTEREST. HONORED CHAMPIONSHIP
ATHLETIC TEAMS. IMPORTANT SCHOOL NEWS IN "CITYSCAPE."
I. ARRANGED TO HAVE HOT AIR BALLOON CLASSIC IN COOK PARK.
II. To participate in issues impacting the well being of our
community.
A. Council took position on several key election issues.
Library Board took position on Measure 9.
B. Anti-gang program, targeted at middle schools, financed
by grant, is underway.
C. Staff participated in Beaverton's 121ST/125TH Study.
D. Engineering is assuming lead role in MSTIP project for
Bull Mountain Road. Project has been selected AND DESIGN
HAS BEGUN.
E. Board and Committee Chairs,, received information on 2040.
Page 1
i
F. Staff is monitoring 2040, LUTRAQ, and Transportation Rule
implementation.
G. Dare Program expanded to include 5th and 6th graders, due
to district's conversion to middle schools. To date,. 600
have graduated.
H. Durham Road has been extended to 72nd Avenue.
I. Council and staff have supported not-for-profit group's
effort at converting Commercial Street fire station into
community center. ELECTION WAS HELD AND BOND ISSUE WAS
DEFEATED.
J. Library staff assisted in search for a new site for
indoor playground.
K. STAFF TESTIFIED AT TRI-MET PUBLIC HEARING IN SUPPORT OF
EXPANDED BUS SERVICE.
III. To develop and maintain a positive corporate culture for the
municipal organization.
A. Completed OPEU negotiations.
B. Continued to receive awards for budget and financial
f reporting.
t C. Cathy Wheatley named Oregon Recorder of the Year.
D. City-wide training on conflict resolution AND TIME
MANAGEMENT HAVE BEEN OFFERED.
E. PROMOTED A LOCAL COMMUNICATIONS CLUB, WITH PARTICIPANTS
FROM BOTH THE CITY AND PRIVATE ORGANIZATIONS.
IV. To prudently manage the assets and resources of the City.
A. Library is exploring contracting out certain technical
tasks.
B. CD-ROM Program developed internally.
C. Substantial Pavement Maintenance Program completed with
few citizen complaints.
D. Community Development Department has received several
grants for Planning and Parks.
E. Staff met with both the Water and School Districts
regarding cost-saving opportunities through coordinated
activities. City and Tigard Water District are sharing
Page 2
an employee on an interim basis.
C F. Planning Commission is considering proposal reducing
street-width requirements. ONE HEARING HAS BEEN HELD.
G. Library has eliminated arbitrary limits on material
check-outs.
H. Library volunteer hours increased from 588 in September
to 804 in December.
I. Cross-department utilization of personnel has been used
to address workload issues.
J. Road bond projects completed within budget.
K. Altered park reservations fees and procedures.
L. PORTIONS OF MUNICIPAL DEBT HAVE BEEN REFINANCED,
POTENTIALLY SAVING $250,000 OVER LIFE OF OUTSTANDING
DEBT.
M. NEGOTIATING WITH THE TIGARD WATER DISTRICT TO CONSOLIDATE
BILLING OPERATIONS.
V. To provide a level of service to our citizens that enhances a
high quality, comfortable, safe living environment.
A. Cooperative program with middle school to promote
creative writing.
B. Formulating a Citizens' Radar Program for use by
neighborhoods.
C. Final Street Bond Issue Project, Gaarde & 99W, has been
completed.
D. Park Levy improvements continue, including Summer Lake
Park tennis courts, shelter and restrooms and several
greenway trails.
E. Completed storm drainage improvements, Alfred Street and
69th.
F. Diamond area transportation study has commenced.
G. Senior Center use questionnaire sent to surrounding
property owners, resulting in tightening of reservation
policy.
H. Continued efforts to develop solid waste performance
measures.
Page 3
i
a
I. Wastewater Division provides level of service equal to
standards set by American Public Works Association.
J. Stormwater Division provides level of service in
compliance with USA standards.
K. Parks Division provides level of service as outlined by
the National Recreation and Parks Division.
L. Library has accessed the "North Valley Link" system for
faster inter-library loan service.
M. Library has initiated a "Communications log." The log is
kept at the circulation desk; customer comments are
encouraged and read by staff daily.
VI. To strengthen the quality of interaction with our citizenry.
A. Participating with MACC to develop computer program
accessible to citizenry, allow business transactions as
well as sharing of information.
B. Development of a receptionist work station in the
library.
C. Community Policing Advisory Committee was established.
/ D. Park Reservation System has been improved.
t E. ADA...Plan to address requirements is in place.
F. Switchboard is being provided with more information about
what is going on to more readily answer questions.
G. Added copiers at Community Development counter to improve
customer service.
H. Participated in USA public information meeting to explain
surface water management program.
I. Soliciting meetings with community groups to identify
impediments to use of Library.
VII. To promote a balanced economy and enhance the vitality of the
community.
A. Landscaping plan for Dartmouth has been prepared.
B. Community Commercial Zone has been adopted by Council.
C. Triangle master plan was adopted by Council. A "SPECIFIC
PLAN" IS PROGRESSING.
Page 4
COUNCIL STATEMENT OF PRIORITIES
1992-1993
Further, each year the City Council selects certain areas of
concentration, which are as follows for this fiscal year:
• Complete the Mission of the 99W Task Force
The Task Force recommended interim improvements and a
sub-area analysis, both of which Council supported. The
Task Force identified problem areas along and general
goals for the length of 99W. ODOT HAS BEEN REQUESTED TO
CONDUCT A TRANSPORTATION SYSTEM MANAGEMENT PLAN.
• Work with the Tigard Water District in Pursuit of a Long-Term.
Water Supply for the Community
Participating in the Tigard Water District Advisory
Committee which was kept up to date about long-term water
supply. DIRECT INVOLVEMENT HAS BEEN REDUCED SINCE TIGARD
WATER DISTRICT HAS BEEN NEGOTIATING WITH L?%*KE OSWEGO.
Staff continues to attend regional meetings on long-term
source.
Pursue consolidation with Water Districts, Towards Having One
r Water Purveyor for the City of Tigard
Work continues on the multi-agency water operation.
Target date for implementation is July, 1993.
• Continue Implementation of Community Policing
- Police Department is actively pursuing.
• Develop a Comprehensive Long-Term Financial Plan
- No significant work has been completed.
Broaden Community Participation, Restructuring Boards and
Committees to Encourage Public Involvement
- Completed meetings with all existing boards and
committees regarding issues to consider in modifying
existing programs. Council has set direction for CIT's
and is revisiting boards and committees. NOW DEVELOPING
PROCEDURES AND POLICIES.
• Develop and Implement a Proactive Annexation Strategy
COUNCIL HAS ADOPTED DOUBLE MAJORITY ANNEXATION STRATEGY
Page 5
zs~
FOR THE "WALNUT ISLAND" AND HELD FIRST INFORMATIONAL
MEETING.
• Complete the Following Transportation-Related Projects:
> Determine a future connection between the Walnut/132ND
intersection and the Gaarde/121ST intersection.
> Initiate a subarea analysis evaluating options to the
widening of 99W, as recommended by the 99W Task Force.
> Evaluate impacts of the Western Bypass Study
recommendations.
Flow
> Conduct a short-term transportation plan for the
Diamond Area through a public-private joint effort.
- COUNCIL APPROVED A TRANSPORTATION MAP
AMENDMENT FOR CONNECTION BETWEEN WALNUT/132ND
AND GAARDE/121ST.
- Active City participation in Western Bypass
deliberations.
- Diamond Area Traffic Study Agreement has been
finalized. Consultant has been selected and
study is underway.
- Actively lobbying for subarea analysis at
regional level.
• Promote Investment in the City Center Through Completion of
Infrastructure project selected in concert with City Center
interests
- THREE meetings have been held with interested merchants
and proper;.y owners. Preliminary stages.
• Formulate a General Commercial Development/Redevelopment
Strategy for the City Center, Triangle Area, Diamond Area and
99W Corridor, a First Phase of a Longer-Term Study
In broad sense, these areas are being considered in the
LUTRAQ and 2040 studies. A detailed plan is being
formulated for the Triangle. The 99W Task Force will
consider economic development aspects in their corridor
study.
H:\login\pat\3rdgrpt.93
Page 6
(July 14, 1992)
COUNCIL GOALS
YV11 SS 1~9 IJ
The primary mission of the City of Tigard is to enhance the quality
of life of its residents. Pursuant to this mission, the council
adopted the following seven broad goals in 1989 to guide the
governance of the city:
1. To create a strong sense of identity.
II. To participate in issues impacting the well being of our
community.
III. To develop and maintain a positive corporate culture for
the municipal organization.
IV. To prudently manage the assets and resources of the City.
V. To provide a level of service to our citizens that
enhances a high quality, comfortable, safe living
environment.
VI. To strengthen the quality of interaction with our
citizenry.
VII. To promote a balanced economy and enhance the vitality of
the community.
Each year the Council selects certain projects which support the
broader, longer term goals, assigning these areas of concentration
priority status.
COUNCIL STATEMENT OF PRIORITIES
1992-1993
COMPLETE THE MISSION OF THE 99W TASK FORCE
WORK WITH THE TIGARD WATER DISTRICT IN PURSUIT OF A LONG-TERM WATER
SUPPLY FOR THE COMMUNITY
PURSUE CONSOLIDATION WITH WATER DISTRICTS, TOWARDS HAVING ONE WATER
PURVEYOR FOR THE CITY OF TIGARD
CONTINUE IMPLEMENTATION OF COMMUNITY POLICING
DEVELOP A- COMPREHENSIVE LONG TERM FINANCIAL PLAN
BROADEN COMMUNITY PARTICIPATION, RESTRUCTURING BOARDS AND
COMMITTEES TO ENCOURAGE PUBLIC INVOLVEMENT
3
(Council Statement of Priorities - 1992-93)
Page 2
DEVELOP AND IMPLEMENT A PROACTIVE ANNEXATION STRATEGY
COMPLETE THE FOLLOWING TRANSPORTATION RELATED PROJECTS:
i
DETERMINE A FUTURE CONNECTION BETWEEN THE WALNUT/132ND
INTERSECTION AND THE GAARDE/121ST INTERSECTION
INITIATE A SUBAREA ANALYSIS EVALUATING OPTIONS TO THE
WIDENING OF 99W, AS RECOMMENDED BY THE 99W TASK FORCE
EVALUATE IMPACTS OF THE WESTERN BYPASS STUDY
RECOMMENDATIONS
CONDUCT A SHORT-TERM TRANSPORTATION PLAN FOR THE DIAMOND
AREA THROUGH A PUBLIC-PRIVATE JOINT EFFORT
PROMOTE INVESTMENT IN THE CITY CENTER THROUGH COMPLETION OF
INFRASTRUCTURE PROJECT SELECTED IN CONCERT WITH CITY CENTER
INTERESTS
FORMULATE A GENERAL COMMERCIAL DEVELOPMENT/REDEVELOPMENT STRATEGY
FOR THE CITY CENTER, TRIANGLE AREA, DIAMOND AREA AND 99W
CORRIDOR, A FIRST PHASE OF A LONGER TERM STUDY
FOCUS Judydf-
WASHINGTON COUNTY MONTHLY DINNER All?
WCCCA (COMMUNICATIONSI Jerry
WCTCC (TRANSPORTATION) John
CDBG Paul
SOLID WASTE (Wash. Co. Elected Official Paul
Solid Waste Planning)
WESTERN BYPASS Jerry
99W TASK FORCE Jerry and Wendi
MACC Judy
MPA Judy
BRTF Jerry
/ fi:\Iogin\jo\cnci.com
1
Norte - ` 6r•~wq~. •C- ►~tADA& k "J 'Zc ~ t
C.6AAPGN5P-r1 erg -
Aogv- V11cs-LCK C-4L-LL.-%v-*ox -T, -to:5/ y
f CAS L.c--,ma-A E
® DDS Ap~ V►C'ru - - -
_ M,11stA-1~,tv~, --lO~o ~~rZ(ZG~ --Go"~P_G-t~.~kT_[~~.----------------
170 QT
F - ----mss r. --.GG-ex - - /
-
-
l
AGREEMENT
PARTIES: Tigard Water District
(A public body)
and
Jeri L. Chenelle
RECITALS:
1. The District desires to employ Jeri L. Chenelle as
Administrator and to establish by this Agreement the terms and
conditions of her employment.
2. Jeri L. Chenelle desires to accept employment as
Administrator for the Tigard Water District.
3. The parties desire to create an agreement which
provides an inducement for Chenelle to remain in employment, to
establish regular process for evaluating performance, and to
provide a just means for ending the employment relationship at such
time as she should become unable to discharge her duties due to
some intervening event or condition or because the District desires
f. to otherwise end the employment relationship.
IT IS AGREED:
1. Duties. The District shall continue to employ
Jeri L. Chenelle as Administrator, to perform the functions and
duties specified in the policies and procedures, rules and
regulations of the District, as hereinafter set forth, and as
prescribed or signed by the Board of Directors periodically. The
Board of Directors vests in the Administrator day-to-day
operational control of District operations, including primary
responsibility for all aspects of employment relations, and
reserves to the Board of Directors sole policy making authority and
exclusive control- over. -all matters- -of- -fiscal- policy, - budget - and
financial matters, including economic aspects of employment and
labor relations.
The authority of the Administrator, consistent with state
law, shall include but not be limited to overall management,
administration and direction of District operations; the hiring,
disciplining and discharging of District employees; the
-negotiation, -execution--and- administration- of District policies
within budget appropriations pursuant to District policy and
ordinance or resolution; policy advice to elected officials and
open communication with the community so as to foster responsive
and courteous public service. The Board of Directors agrees to a
principal of noninterference in District administration necessary
to the orderly and efficient implementation of District policy as
established by the Board of Directors. The Board of Directors
shall ensure that individual members will direct their concerns and
communications to District employees through the Administrator.
The Administrator shall respond promptly to all inquiries from
members of the Board of Directors, whether made individually or
collectively.
2. Term of Agreement. Chenelle's employment commenced
on June 10, 1992. The term of this Agreement is indefinite.
Unless the District notifies the Administrator to the contrary in
writing thirty (30) days before the start of each remaining
agreement year, it shall be deemed that the District has renewed
this Agreement for one (1) year beyond the term of that current
Agreement. Unless the Administrator notifies the District to the
contrary in writing at least thirty (30) days before the start of
the remaining agreement year, the Administrator agrees to accept
renewal of this Agreement as heretofore stated. If the term of the
Agreement has not been exceeded in a particular year, it shall be
allowed-to reach its existing effective ending date.
a. The foregoing paragraph shall take full effect upon
execution of this Agreement and, absent notice as provided
above to the contrary, shall automatically renew annually for
the succeeding agreement year, which shall extend from July 1,
1993 to July 1, 1994, and during like period each year
thereafter.
b. The Administrator may resign at any time, subject
only to the provisions of this Agreement relating to Notice.
3. Outside Employment. The Administrator will not
become employed by any other municipal employer, except a successor
to the District, without consent of the Board. As used in this
paragraph, the term "employed" shall not be construed to prevent
occasional teaching, writing or consulting work, or employment
which does not interfere with the Administrator's ability to
effectively discharge her assigned duties and responsibilities, or
any activity engaged in with the prior written approval of the
Board of Directors.
4. Termination and Severance.
a. Termination Without Cause. This Agreement may be
terminated if authorized by paragraph 4 by the District, or by
the Administrator for any reason whatsoever, upon the giving
of thirty (30) days written notice to the other party.
b.- Termination- For Cause_ This Agreement may be
terminated immediately in the sole discretion of the District
if Employee shall be guilty of fraud, dishonesty,
misappropriation of funds, embezzlement, or other act of
misconduct in the rendering of the services on behalf of the
District, or if Employee willfully and continuously fails or
refuses to comply with the policies, standards and regulations
of the District as are established periodically.
2
r%t r.J%(AAAVM4erna Aral
C. Severance Upon Termination. In the event
Administrator is involuntarily terminated by the District
before the expiration of the term of employment and during
such time as the Administrator is willing and able to perform
assigned duties, then in that event the District agrees to pay
the Administrator a lump sum equal to twelve (12) months' pay
(computed based upon current annual salary), payable on a
monthly basis at the same rate as provided for in this
Agreement until such benefits are exhausted. However, if the
Administrator is convicted of any illegal act involving
personal gain to him, then the District shall have no
obligation to provide for or pay severance payments.
d. Severance Under Other Circumstances. If the
District reduces the salary or financial benefits of the
Administrator, or if the-District refuses a written request
that the District comply with any provision benefiting the
Administrator in this Agreement, or if the Administrator
resigns following public suggestion that she do so whether
formal or informal by a majority of the Board of Directors,
then the Administrator may, at her option, deem the Agreement
to be involuntarily terminated at the date of such reduction
or refusal to comply or resignation, and the severance pay
provision under subparagraph (c) of this section shall apply.
r
e. Vacation Payoff. Termination or resignation in good
standing shall entitle the Administrator to a lump sum payment
equivalent to all accrued vacation leave.
f. Severance Upon Non-Renewal. Expiration of the
Agreement term due to non-renewal by the District shall
entitle the Administrator to severance as provided for in the
event of involuntary termination.
g. Voluntary Resignation. If the Administrator
voluntarily resigns her position with the District before the
expiration of. the term of . employment, -then she shall _ give- the
District at least 30 days' notice in advance.
5. Salary. Commencing on the effective date, the
District agrees to pay the Administrator for services rendered in
a work week of at least 32 hours an annual base salary of $61,914,
payable in installments a---the same times as District employees are
paid. In addition, the District agrees to review the base salary
and other benefits of the Administrator-at the annual performance
review, which will be conducted in April of each year. The
District will exercise good faith in attempting to increase the
Administrator's wages in an amount which keeps the salary level
competitive in the local labor market. The District will maintain
a salary differential for the Administrator in relation to the next
highest paid employee-of the District of at least 15°s, compounded
hourly (currently $61,914.)
3
MI. iACARA109"CARACTT
6. Paid Time'Off. The Administrator shall be entitled
to paid time off (holidays, sick leave and vacations) with accrual,
accumulation, and limitations consistent with District policies
applicable to other executive employees of the District. The
Administrator may request and the Board of Directors may approve
paid compensation each year for up to fifty percent (50%) of unused
paid leave.
7. Hours of Work. The parties recognize that the
Administrator must devote a great deal of time outside of normal
office hours to District administration. The Administrator is
entitled to take management time off to such an extent as the
Administrator deems necessary and proper during business hours, and
otherwise, provided that time off taken does not interfere unduly
with the performance of the Administrator's duties. In addition,
the compensation provided for in this Agreement is for a four day
work week. The parties recognize, however, that the Administrator
shall devote whatever time is necessary to accomplish her
responsibilities.
8. Automobile. The District shall provide the
Administrator with a vehicle which may be used for reasonable
personal use and for home/job travel. Mileage expenses will be
reimbursed at the IRS rate.
! 9. General Expenses. The District shall reimburse the
Administrator for expenses of a non-personal and generally job-
related nature which are incurred, upon receipt of expense
vouchers, receipts, statements or personally written justification
request. The Administrator is authorized to expend District funds
in the execution of District business and in representing the
District at conferences and otherwise, to purchase materials for
recognition of employees or volunteers, and to incur travel and
lodging expenses in the condu^t of District business.
10. Dues and Subscriptions. The District will reimburse
the Administrator for professional dues and subscriptions
appropriate. for her full participation in appropriate associations
and. -organizations. necessary. and- desirable- for professional
participation, growth and advancement, and to improve her
performance of duties as Administrator.
11. Professional Development. In accordance with
District policy, the District shall budget and pay registration,
travel and subsistence expenses of the Administrator for
professional and official travel, meetings, and occasions deemed
necessary or desirable to continue the professional development-of
the Administrator and to pursue official functions of the District.
12. Fringe Benefits. The Administrator shall receive
the same fringe benefits as other District non-bargaining unit
employees. These include disability, health and life insurance,
retirement benefits, and other benefits paid for by the District
4
M LC' W'AR\10944011R. XnM
for its executive employees, including at least lOs contribution to
the District's deferred compensation plan. (01q,),4l)/V )5q~,►~
13. Annual Goal Setting and Performance Evaluation. The
Board of Directors shall be encouraged to periodically identify its
concerns to the Administrator either by informal discussions with
her, or by more formal means during executive sessions. The Board
of Directors shall meet with the Administrator at least annually
for the purpose of setting District goals and priorities. The
Board of Directors and the Administrator shall meet at least
annually to evaluate and assess the performance of the
Administrator in meeting or progressing toward the goals formally
adopted by the Board of Directors. Evaluations shall be in closed
executive session. The salary and performances review shall be
conducted in April of each fiscal year.
In the event the Board of Directors determines that the
performance of the Administrator is unsatisfactory in any respect
or needs significant improvement in any ares, the Board of
Directors shall describe these concerns in writing and in
reasonable detail or with specific examples as to be objective and
positive in nature. As provided in section 5 of this Agreement,
the Administrator's salary shall be reviewed at least annually
after the performance evaluation has been communicated.
r 14. Amendments. Amendment to this Agreement shall be in
writing and signed by both parties.
15. General Provisions. This Agreement shall be binding
upon and inure to the benefit of the heirs-at-law and executors of
the Administrator. If any provision of this Agreement is held to
be invalid or unenforceable, the remainder of this Agreement shall
be deemed severable and shall not be affected but shall remain in
full force and effect. This Agreement shall bind the District and
is intended to bind any successor of the District. In the event of
a transfer, consolidation or change in some governance structure,
any successor or group of successor public bodies party to an
ORS Chapter 190 agreement shall ratify and agree to be bound by the
terms of this Agreement b_ Y. signing. a. letter. of intent presented. by
the District prior to the effective date of any transfer,
consolidation or dissolution (unless the ORS 190 agreement in
general terms obligates the successor to be bound to the terms of
the agreement). In the event the District's successor(s) does(do)
not agree to be bound to the terms of this Agreement, then this
Agreement shall be deemed terminated without cause and District
assets shall be set aside in an amount adequate to guarantee
payment of.the District's obligations hereunder.
5
JALG I\CAMI0944CAB.AGM
LOM M
16. Effective Date. This Agreement shall be effective
commencing on k'e~artra~~--±; 1993.
9-c~. 1A, j993
Dated this day of January, 1993.
TIGARD WATER DISTRICT
Jer L. Chenelle Robert G. Wyffels,
Board Chairman
ATTEST:
Clerk of the Board
6
JAWMAM10944CARAGM