03/22/1995 - Minutes INTERGOVERNMENTAL WATER BOARD MEETING, MINUTES
March 22 1995
BOARD MEMBERS PRESENT: Bill Scheiderich, Paul Hunt, Violet Yager, Peggy
Manning and Beverly Froude
STAFF PRESENT: Ed Wegner, Bill Monahan, Randy Volk, Mike Miller,
and Kathy Kaatz
VISITORS PRESENT: Jack Polans , Steve Feldman, Hal Murray, and Chris
Uber
1. Call to Order
The meeting of the Intergovernmental Water Board was called to order at
5 : 33 p.m.
2 . Roll Call
Roll call was taken and all members were present with the exception of
Peggy Manning who arrived at approximately 5 :40 p.m.
3 . Visitor' s Comments
Mr. Jack Polans stated that he had attended the meeting at the City of
Lake Oswego the previous evening since he has not been provided any
information regarding the negotiations from the City of Tigard. The
Mayor of Lake Oswego stated that the staff would respond and the City
Manager has responded to Mr. Polans' s request . Mr. Polans stated that
it was his understanding that there has not been a recent meeting in
regards to negotiations . Mr. Polans discussed the State Mandate in 1985
or 1986 that stated water providers would conduct random water samples
to test for lead content . Mr. Polans questioned whether this had been
done within the city limits of King City?
Mr. Monahan stated in response to Mr. Polans request , the City of Tigard
has met with the City of Lake Oswego as recently as March 7 , 1995 with
Doug Schmitz, City Manager of Lake Oswego and himself . Mr. Monahan
stated he will be talking about the status us negotiation in executive
session. Mr. Monahan also stated that it was requested and the onset of
negotiations that all discussions would be held in executive session.
Mike Miller stated that the lead/copper requirements have been met (3
rounds) . Mr. Miller stated that this sampling targeted homes that were
built between the years 1982 and 1985 . The Tigard Water District was
canvased which included King City and Durham.
Chair Scheiderich questioned whether that survey is considering the
contribution of lead from brass fixtures? Mr. Miller stated that was
one of the concerns . Mr. Miller stated that the water in the potable
and distribution system meets all Federal requirements. Chair
Scheiderich questioned whether the District had complied with al'-
Federal
l_Federal and State requirements? Mr. Miller stated that they had. ` -
Mr. Polans had further questions and Chair Scheiderich stated that those
could be taken up with Mr. Miller at a later time.
4 . Approval of Minutes
Beverly Froude made a motion to approve the minutes of the March 8 , 1995
meeting of the IWB which was seconded by Violet Yager. Mr. Hunt did
state that he had a correction for those minutes (page 2 , item #2
Approval of Minutes) which was that no vote was recorded. A voice vote
was taken and passed unanimously.
5. Well #2 and #3 Maintenance Program
Mr. Miller stated that last year well #1 had been pulled. Mr. Hunt
requested that Mr. Miller describe the pulling process on the wells .
Mr. Miller stated that pulling the wells involved taking the motor off
the well head, pulling the shaft and bowls (located at the bottom of the
well) . This process involves the complete removal of the insides of the
casing. Mr. Hunt questioned whether this was completed for maintenance
or sanitation purposes? Mr. Miller stated that this is done as a
maintenance process .
Mr. Miller stated that these wells have not been pulled since thei.,,-.
original installation date (#1 well 1960, #2 1948, #3 1957) . Mr. Miller
stated that after pulling well #1 last year it showed a marked
performance increase of 2701 Mr. Miller stated that we are currently
requesting to pull wells #2 and #3 and do any necessary repairs which
will increase efficiency. The permitted water usages for well #2 is
currently 500 gpm, and well #3 approximately 380 gpm. The last time
well #2 was pumped was in 1992 at the rate of 120 gpm, and well #3 last
year at the rate of 314 gpm, so there is room for improvement .
Mr. Miller provided a memo which outlined the bids received for pulling
these wells . The low bidder was Mather and Sons and is the same company
that pulled well #1 last year. Mather and Sons submitted a quote of
$2 , 500 per site to pull and reinstall the wells . No bidders quoted on
parts or repairs, since it is unknown what those might be. Mr. Miller
stated that he has estimated based upon last years repairs on well #1,
what those costs could be.
Also included in this request is the chlorination of well #3 , which
would bring it into compliance with Oregon Health Division Rules and
Standards . The total cost for chlorination and well head protection
would be $6, 200 .
Mr. Miller stated that the total estimate is $29 , 000 with a request for
an additional $10 , 000 in contingency to cover any unexpected problems
that should occur.
INTERGOVERNMENTAL WATER BOARD 3 -22-95 PAGE 2
Chair Scheiderich questioned whether Mather and Sons previous work came
in as bid, the disparity between bidders and if there are any other
vendors in this area? Mr. Miller stated Mather and Sons did come in as
bid for the pulling and reinstallation, he also stated that Lane Pump
would not come to the site to bid and that was an estimate on their part
and he was not sure why the rate of Ericksen Pump was higher. Mr.
Miller stated they had contacted other vendors in the area and these
were the only responses received.
Commissioner Yager questioned what consideration was given to the cost
of repairs of the well head as opposed to purchasing additional water.
Mr. Miller stated that with the anticipated increase in performance,
plus the ability to utilize 1000 of rights on these wells, we will see
an additional half million gallons of water per day between the two
wells . Purchasing this water from Portland at the rate of $1 .27 would
be considerable higher cost .
Commissioner Hunt questioned how long this process will take and will we
be able to get along without this well? Mr. Miller stated that this
would take about two weeks and these wells are not being used now but
will be used during the summer months . Mr. Miller stated that it took
approximately two and half months last year on well #1 to get parts and
complete the process .
Commissioner Scheiderich questioned whether either well was in a
critical ground water area and Mr. Miller stated that both wells are,
but will be improving them to what the allocated amounts are. Mr.
Miller stated that they have had Water Resources out to discuss
upgrading these wells to increase the capacity.
Mr. Wegner stated that the urgency for a second meeting was due to the
fact that we will be requesting to approve this process as part of the
Capital Improvement Project and forward onto the Tigard City Council .
Commissioner Hunt made a motion to recommend to the City of Tigard that
the Intergovernmental Water Board approve the repairs for wells #2 and
#3 . This motion was seconded by Beverly Froude with a unanimous vote
taken.
6 . Baylor Intertie Project
Chris Uber from Murray Smith and Associates stated that he had
distributed a preliminary design engineering letter that was prepared by
Murray Smith and Associates on the Baylor Intertie Project .
Mr. Uber stated that a part of Supply Plan Update that was completed
last September recommended pursuing a long term water supply alternative
as well as pursuing some interim water supply alternatives . Murray
Smith and Associates have recommended that the City of Tigard begin
discussing with Tualatin Valley Water District . Mr. Uber stated they
have discussed with Tualatin Valley Water such topics as , amount of
INTERGOVERNMENTAL WATER BOARD 3 -22-95 PAGE 3
water available and what type of institutional arrangements can be made
to get this water (Hal Murray to discuss later) . The Baylor Street
connection is the area that was focused upon for an intertie . Mr. Uber
stated that Tualatin Valley Water District has completed an hydraulic
analysis and it has been estimated that there is a possibility of
obtaining 2 mgd through this intertie . This initial analysis which was
done by their consultant, stated that there was a possibility of 500 gpm
or . 7 million mgd. but, since this time, they have found a pipe which
was left out of the analysis and there is the capability of getting 2
mgd through this connection. Tualatin Valley has also ran hydrant tests
in that area and confirmed the 2 mgd with a possibility of more
dependent upon demand conditions .
Mr. Uber stated that the preliminary costs estimates are $76 , 000 for
this improvement . In addition to this improvement, another improvement
is needed on the Tualatin Valley system which supplied the Taylors Ferry
reservoir at an estimated cost of $60 , 000 to upgrade the meter. The
City of Tigard has agreed to pay a maximum of $15 , 000 (page 4 of the
Murray Smith Memo - construction cost estimate) .
Chair Scheiderich questioned whether any of these improvements would be
surplus once this interim supply draw is over? Mr. Wegner stated that
we anticipate for a time period to continue to have the need of buying
surplus water. Due to the structuring of the Portland Contract, we
would look at Tualatin Valley as our secondary source.
Chair Sheiderich questioned who would be in charge of the ccnstructioi
project . Mr. Uber stated this project would be the City of Tigard. The
IGA with Tualatin Valley will address the issue of design construction
and ownership and the maintenance of connection facilities . Mr. Murray
stated that the Florence Lane meter will remain the property of Tualatin
Valley.
Mr. Polans questioned this process harming any of the rivers or fish?
Mr. Uber stated that there would be no impact from the construction.
Chair Scheiderich stated that all the rules of DEQ and the State would
be complied with. Mr. Polans stated if he had more questions he could
put them in writing.
Chair Scheiderich questioned whether this was an engineer' s estimate or
an actual bid? Mr. Uber stated there would be a contract document that
will be put out for public bid.
Commissioner Froude questioned the amount of the estimate. Mr. Wegner
stated the estimated amount is $76 , 000 which does not include the
Florence Street meter.
Commissioner Yager questioned what the time frame would be on Tualatin
Valley Water District as an interim source? Mr. Uber stated that
Tualatin Valley Water District is now a member of the Joint Water
INTERGOVERNMENTAL WATER BOARD 3 -22 -95 PAGE 4
Commission. Due to this membership they have excess water and have
expressed the desire to furnish water to Tigard within the next five
years or so while a long term supply is being sought.
Commissioner Manning questioned whether the Board would be asked to act
on the Intergovernmental Agreement tonight? Mr. Wegner stated that the
Board is going to be asked to pass this onto the Tigard City Council to
negotiate a final contract . Ms . Manning requested that in the future
they any information that will require action by the Board to be
provided at least 24 hours prior to meeting time . Chair Scheiderich
stated that he will be requesting the IGA be explained line by line.
Commissioner Hunt questioned whether this expenditure is included in the
budget or would it come from the Capital Improvement funds? Mr. Wegner
displayed the chart that outlined where the funds would come from .
Mr. Wegner stated as a Capital Improvement Project through the IGA, the
Board will need to approve and forward onto the City Council . Mr.
Wegner also stated that these funds are from Water revenue.
Chair Scheiderich questioned whether this $145 , 000 was 100-. or more of
the total Capital budget for Water for this fiscal year? Mr. Wegner
stated that it was and the only other Capital Improvement that was done
for this year was the $90 , 000 project on North Dakota.
Commissioner Hunt made a motion to recommend that the City of Tigard
approve the expenditure for the Capital Improvement Project which was
seconded by Commissioner Manning. A vote was taken and the motion
passed unanimously.
7 . Draft IGA with Tualatin Valley Water District
Hal Murray stated that he would go through each paragraph of this IGA
separately. Mr. Murray stated that this Agreement was put together by
Tualatin Valley' s attorney by previous agreements they have with other
entities , and was modified to fit the needs of Tigard. This Agreement
has been reviewed and approved by Tualatin Valley Water district at the
staff level .
Commissioner Manning questioned this Agreement being written by the
Tualatin Valley Water district . Mr. Monahan stated that Clark Forest,
Tualatin Valley Water District' s attorney has reviewed it as well as
himself . Mr. Monahan clarified this statement by stating that in the
past he had been the one who reviewed such contracts at the City' s
attorneys office and he felt comfortable reviewing this Agreement .
Hal Murray highlighted the following from the Agreement :
a. Paragraph B - Recitals - Recognizes that according to separate
intergovernmental cooperation agreements, the City of Tigard
provides water service to the cities of King City, Durham and the
Tigard Water District .
INTERGOVERNMENTAL WATER BOARD 3 -22-95 PAGE 5
b. Supply of Surplus Water and Term of Agreement - This Agreement
goes for a period of ten years beginning with July 1, 1996 througl
June 30 , 2005, subject to renewal, extension and termination. The
parties to this Agreement agree that this is an interim measure
until the City can secure a permanent source and the City is
presently pursuing the development of a long term water supply as
a permanent source. The City may at its discretion, purchase the
maximum water purchase from the District allowed under the terms of
this Agreement or some lesser amount on a year around basis or a
seasonal basis or intermittent basis . The development of long term
supply by the City will determined the City' s actual need and use
of water from the district which cannot at the time of the
execution of this Agreement be determined which will allow the City
a lot of flexibility.
The City shall have the right to purchase six (6) million gallons
a day from the District. Commissioner Manning questioned whether
six (6) million gallons a day would be adequate over the next ten
years? Mr. Murray stated that six (6) million gallons a day would
not meet all of the City' s needs . Mr. Wegner stated that at this
point that is all that Tualatin Valley Water District is willing to
sell . Mr. Wegner continued to say that we would still need to
purchase water from Lake Oswego, Tualatin Valley and the City of
Portland, as well as obtaining water from the wells .
Commissioner Manning questioned again, whether this would allow thF-
City enough flexibility or is this the best we can get? Mr. Murra
stated that the City is anticipating the continual purchase off''"
water from Lake Oswego for a time period, and the need is still
there for an additional source. Murray Smith has recommended that
we look into Tualatin Valley Water District and negotiate for the
maximum amount of water, which they have been successful in
negotiating six (6) million gallons a day. Mr. Murray stated that
this Agreement allows the City the ability to purchase up to a
maximum amount of six (6) million gallons a day or nothing
dependent upon other sources .
Chris Uber stated that this allows us the flexibility if Lake
Oswego fluctuates what they will give us, and take the additional
necessary from Tualatin Valley.
Mr. Murray stated that on the City' s peak day last year (13 . 6 mgd) ,
Tualatin Valley Water District would be allowing us almost half of
the necessary water. Mike Miller stated that if we can get 6 mgd
from Tualatin Valley, 3-4 mgd from Lake Oswego, and 1 . 5 mgd from
the wells we would have 11 .5 mgd and the need to take from storage
would be very small during the week.
Paragraph 2 on page 2 . This paragraph stated that should the
entire service area of the City be merged, consolidated, or
otherwise joined with District, or another entity pursuant to OF
INTERGOVERNMENTAL WATER BOARD 3-22-95 PAGE 6
Ch 450 (water authority, under statue of the State, which allows a
District and a City to enter into joint water operations) this
Agreement would become null and void. This would nullify this
Agreement since there would be other agreements working for the
City. Chair Scheiderich questioned whether this was City of Tigard
goal, Council or otherwise for this year? Mr. Murray stated it was
not.
#3 - Other Sources . This allows the City to purchase from other
state approved sources . Chair Scheiderich questioned whether this
Agreement would provide on how to manage the quality control by
mixing sources? Mr. Murray stated that would be up to the City.
Mr. Murray stated that this is the same water that is currently
being purchased from the City of Portland.
#4- Connections, Meters and Storage. This states that the City
will provide for maintaining meters, valves, controls and proper
operation and the City will arrange to have its meters tested and
calibrated annually and provide the District a test report, which
is standard in the water industry. The City would agree to
purchase, at their expense any pumping stations, pressure
sustaining valves, and other equipment which may be necessary to
convey, control and meter the water into the system.
Mr. Murray discussed the different potential connections, which
include Baylor Reservoir, Cascade Avenue, and Greenburg Road.
Commissioner Hunt stated that the only one the City currently has
with valves is the Baylor Street Reservoir.
Mr. Murray stated that the Agreement also states with the written
consent of both entities, additional connection points may be
added.
Paragraph 5 - page 3 . Continuity of Service. This states that the
District shall provide "firm" service of six (6) mgd for peak day
usage. The Agreement goes on to define what peak days and "firm"
service are. This paragraph goes on to state that they will
provide the same benefit of service as to their general customers .
This paragraph also discussed emergency or restrictions of delivery
of service. The City will also agree that they will do as the
District does in regards to emergency conservation matters .
This Agreement states that maintenance and regular work could
interrupt the service. In cases of emergency they will attempt to
give ten (10) days written notice. In any interruption, the
District agrees to reasonable diligence in maintenance of its
facilities .
INTERGOVERNMENTAL WATER BOARD 3 -22-95 PAGE 7
Paragraph 6 - Contract Demand. The District expects the City to
come up with the water demand that is needed in the next year. ThE
City will need to anticipate how much water will be needed in the---
next year. This paragraph also states that the District will
conduct a survey every four years in conjunction with a rate study
to forecast the total District demand. The amount of the
quadrennial forecast demand determined by the District will
establish the City' s firm allowable future annual peak days demand.
Mr. Murray stated that the District could change the 6 mgd to a
higher quantity as well as to a lower supply. After the first
year, this Agreement could also enable the District, if they do not
have enough water to reduce the flow to the City.
Commissioner Hunt questioned the possibility of the District taking
over another area which could reduce the surplus water they have to
sell? Mr. Murray stated that according to this Contract they could
do that . Mr. Murray stated that this Contract does not guarantee
firm capacity if the District does not have the supply.
Mr. Wegner stated that Tualatin Valley Water District is in a
better position to purchase additional water from Barney Reservoir
and other sources to increase their supply to provide to the City
of Tigard.
Paragraph 7 - Water Quality. Chair Scheiderich questioned the
liability of the water quality. Mr. Scheiderich stated that if
problem originated on the District' s supply to this connection, tht
Board should insist that the District should be held responsible~
for the quality of water delivered to the connection. In an
emergency the District can explain their liability. As drafted
this Agreement does not treat the issue of who is liable for the
quality lapse and he would like to see that added. Mr. Murray
suggested that Mr. Scheiderich provide the wording to Mr. Monahan
for this change.
Paragraph 8 - Area Supplied. Again this states what area is
serviced by the City.
Paragraph 9 - Non-Assignability/Sale Limitations . This paragraph
states that the City will not without prior approval from the
District sell water to any other entity outside its boundaries .
Paragraph 10 - Rates . This paragraph states that the City will pay
monthly to the District for all water at the rate of 78 . 1 cents per
100 cubic feet through June 30, 1996 . On every July 1 during the
term of this Agreement, the rate shall be retained, raised or
lowered.
Paragraph 11 - Rate Setting Criteria. Mr. Murray discussed this
rate setting criteria as outlined on page 6 and 7 of this
Agreement . This Agreement also allows for in the event of a
INTERGOVERNMENTAL WATER BOARD 3-22-95 PAGE 8
addition, modification or substitution by the District to supply
the City, can result in additional cost .
Commissioner Hunt questioned what is the current rate from the City
of Lake Oswego. Mr. Wegner stated that it is at .59 but do not
know what that will be in the future. The new rate for the City of
Portland is 1 .28 .
Page 8 #2 - This give the District the ability to repair under
emergency provision and pass those costs onto everyone who uses
water on that system. According to Mr. Murray this is an
provision that is good for both parties, since it outlines what
would be done during such an occurrence.
Paragraph 15 - Limitation of Liability outlines the liability of
damages and hold the District harmless .
Paragraph 16 - Coordination and Consultation - Parties have already
agreed to an annual change, this paragraph states that they will
notify the City sixty (60) days prior to that change.
Paragraph 17 - Limitation of Supply. This is almost the exact
wording that South Fork Water District has in their contracts with
outside districts . Chair Scheiderich suggests that the reduction
or suspension of supply based on this paragraph would allow the
City of Tigard the right to terminate the Contract. If the
District cannot supply the City should not be stuck with a contract
waiting for the supply.
Paragraph 18 - Planning. This outlines that the parties shall
supply records as needed upon reasonable request .
Paragraph 19 - Termination. If the City withdraws areas within the
District' s boundaries, then this Agreement shall terminate on the
next succeeding June 30 from the effective date of withdrawal .
Chair Scheiderich questioned whether this is intended to bind
Durham and King City as well as Tigard? The Board discussed what
this would mean. Commissioner Hunt stated that if the City were to
withdraw the Metzger area, they would terminate this Agreement .
Chair Scheiderich stated that the second sentence on this paragraph
fixes the City to a ten year term unless a party violates this
Agreement, with the consequences that are understood.
Paragraph 20 - Renewal . Right to renew upon mutual agreement of
the parties .
Mr. Murray stated that he felt this was a very fair Agreement and
would not hesitate to recommend this .
INTERGOVERNMENTAL WATER BOARD 3 -22-95 PAGE 9
Chair Scheiderich had the following concerns :
Page 7, paragraph 6 (computation of costs) , costs of acquiring--
alternate supply .5 cents per hundred needs to determine if this
includes their buy in to the Barney Reservoir expansion.
Responsibility of the quality of supply to connection point .
Paragraph 15 may be that these potentialities out of their control
may cause a interruption in quality. This would be plausible
grounds for them to defend against any claim for damages because of
quality of water delivered and should be their defense not the City
of Tigard. This limitation of liability he suggested be made
subject to section 7 (their case to defend) .
Also noted the comment made on Section 17 .
Chair Schedierich questioned what the pleasure of staff is? Mr.
Wegner stated that the Board look at this IGA and with changes as
suggested be passed on to the City Council for final deliberation
and approval . Chair Scheiderich questioned when the City Council
would be looking at this document . Mr. Wegner stated it would be
on April 11 or April 25 depending upon when the attorneys can get
changes in place.
Commissioner Manning moved that conceptually with the additions and
rewording previously mentioned, the Intergovernmental Water Board
refer this to Tigard City Council. This motion was seconded b_
Commissioner Hunt . Commissioner Froude questioned making further--
changes with Chair Scheiderich stating that friendly amendments
subject to further comment be transmitted to the City Council if
received by the deadline to go to Council . Commissioner Yager
questioned paragraph B - Recital, referring to Durham and King
City, is that effective throughout the entire document? Mr.
Scheiderich stated that this could be worded differently. He
suggested that it stated that the City makes this Agreement acting
on behalf of all parties represented by the Intergovernmental Water
Board. A voice vote was taken which passed unanimously.
Commissioner Hunt stated that the Intergovernmental Water Board is
fortunate to have Mr. Schederich on the Board.
8. Non Agenda Items
Mr. Wegner stated that on Tuesday night' s agenda, the Tigard City
Council will be acting on a water rights application which has been
discussed the past few months . This is the application of the City,
which represents the entire water service area for water rights on the
Willamette River.
Mr. Monahan stated that last week he had met with Peggy Manning and
Interfaith Outreach in regards to usage of the Canterbury site for a
storage area for clothing and food supplies for the homeless . Mr
INTERGOVERNMENTAL WATER BOARD 3 -22-95 PAGE 10 '"
Monahan stated that they had discuss the possibility of a lease
arrangement between the City and the IWB. The proposal would identify
an area within the building which would be used for storage only,
accessed only by the staff and volunteers of Interfaith Outreach not the
clients . This would require some building modifications that would be
done by the City with the cost being reflected in the lease agreement.
Chair Scheiderich question whether there would be anything that would
upset or disturb the neighborhood? Mr. Monahan stated that were the
concerns that the Council is wanting to discuss . Also discussed the
fact that there would be limited use, possibly two hours per day, three
days per week.
Commissioner Manning stated that security of this facility is uppermost
in Interfaith' s mind. Ms . Manning stated there would be no access by
the clientele.
Commissioner Hunt questioned whether this would be a written lease? Mr.
Monahan stated that it would be a written lease. Mr. Hunt continued to
say that accessibility could be addressed in the lease agreement . It
was stated that Ed Wegner is in charge of this facility.
Discussion was held on the usage of the shelter at the Water building?
It was stated that during the month of January the shelter was used 13
nights and during February was used 19 nights .
i
Chair Scheiderich stated that he was not available to meet on the 12th
which would be the regularly scheduled meeting date. It was decided
that the next meeting would be held on April 19th.
A motion was made by Peggy Manning that the Board go into Executive
session which was seconded by Commissioner Hunt .
This meeting was adjourned during Executive Session.
INTERGOVERNMENTAL WATER BOARD 3-22-95 PAGE 11