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08/14/1990 - Minutes TIGARD WATER DISTRICT 8777 S_W. BURNHAM ST. P.O.BOX 230000 TIGARD,OREGON 97223-9917 PHONE(503)639-1554 August 14, 1990 PRESENT: Board of Commissioners: Jon Kvistad, Chairman Walter Stronach, Secretary Audrey Castile, Treasurer(Absent) Robert Bledsoe Denis Borman(Absent) Staff: John P. Miller, Administrator Randy Volk, Superintendent Yvonne Turner, Secretary Visitors: Clarence Nicoli, Tigard Resident Bob Wyffels, Tigard Resident( Arr. 8:40 p.m.) The meeting was called to order by the Chairman, Jon Kvistad at 7:30 p.m. Motion was made and seconded to approve the minutes, as amended, of the last meeting. Walt Stronach asked if on page 3, of the July 10, 1990 minutes, regarding Ordinance 11-90, the word "table" was intended. Chairman Kvistad stated that he wanted to use the word "heldover," all the members agreed. Motion carried unanimously. The Chairman welcomed the visitor, Clarence Nicoli. Tigard Water District 8-90 Regular Meeting August 14, 1990 Motion was made and seconded to approve the payment of the vouchers. Mr. Kvistad asked if the water from Lake Oswego and Portland are broken out. John Miller explained that it is. Jon Kvistad wanted to know about the Boundary Commission payment. Mr. Miller explained that we pay annual dues. Bob Bledsoe asked about the rate Tigard Water District pays Portland. John Miller explained. Motion passed unanimously. The next item on the agenda was the reading of Ordinance 11-90. Walt Stronach said the Ordinance would have to be amended because it says the service charges can be changed by Resolution. Discussion followed. Motion to adopt Ordinance 11-90 was made and seconded. Discussion followed. The chairman asked Mr. Miller to run through the definitions of both Ordinances, 11-90 and 12-90. John Miller said that essentially the two Ordinances are going to set forth the manner in which we cover our costs (capital expenditures) necessary to get additional water to the patrons of the Tigard Water District, particularly the new patrons of the District, and 11-90 dictates how we are going to do that. He explained that this was enacted by the Oregon Legislature in the last session and guarantees and acts as a guide to collect the necessary money to expand our system. Ordinance 12-90 sets forth how we are going to do this and the manner in which we will expend these funds. The chairman asked for further questions, Bob Bledsoe said he would like to note that 11-90 makes reference to 12-90 and 12-90 does not make reference to 11-90. Further discussion. Bob Bledsoe said Ordinance 11-90 should be amended, Section 1 b, before the word Ordinance, the word should be "proposed" because we have not adopted Ordinance 12-90. John said he asked the attorney the very same question and he said that this Ordinance is word for word from the Legislature and Mr. Bledsoe said they make mistakes. John said yes, but it is the law as enacted. After some further discussion, motion was made to adopt Ordinance 11-90. Vote was taken and the motion passed unanimously. Motion was now made and seconded to adopt Ordinance 12-90. Discussion ensued. Bob Bledsoe said the Oregon Legislature wrote this with all other districts in mind not TWD. He said we operate on a pay as you go basis. Discussion followed. Mr. Bledsoe read his proposed definition of the "then-existing facilities" and addition to Section 5. of Ordinance 12-90 Methodology, that he would like included in that Ordinance. (See Exhibit A). Discussion followed. Jon Kvistad asked for an explanation. Walt Stronach said he didn't think the law allows Tigard Water District to change this Ordinance. Jon Kvistad then said; we should make a "motion, bring up each of these for discussion as amendments to the Ordinances, bring these up as amendments and discuss and vote on these (Walt Stronach interjects, ' with the approval of the attorney') yes, and set them aside as we did with these Ordinances, (Mr. Stronach said, 'with the approval or disapproval of the attorney,') and get attorneys opinion on the ones of the two Ordinances or both, that we select to have looked at and at our next Board meeting bring them up for actual inclusion into the Ordinance." The Chairman then asked Bob Bledsoe to repeat his previous motion, which he did. (See Exhibit A). Motion was seconded. No further discussion. Walt Stronach asked if we should put in there someplace that this Ordinance rescind any portions of our existing Ordinances which are in conflict with it, because we do have some system development charge ordinances now in the books. He said we should ask the attorney. Bob Bledsoe then withdrew his motion. Vote was then taken on Ordinance12-90. Walter Stronach voting aye , Bob Bledsoe voting nay, and Jon Kvistad voting aye. Ordinance 12-90 is Tigard Water Disrtict 8-90 Regular Meeting August 14, 1990 . therefore adopted 2 to 1. There followed a discussion of the two amendments to Ordinance 12- 90 by Commissioner Bledsoe. Mr. Bledsoe said these two Ordinances should go to the attorney for his comments and be brought back to the next regular board meeting along with Walt Stronach's suggestion of a clause to rescind any portions of other Ordinance's that are in conflict. Motion was seconded and carried unanimously. The next item was to appoint a committee to meet with the Lake Oswego City Council. Suggested time for the meeting is August 20, 1990, Monday at 7:00 p.m. at the Operations Center. Motion was made and seconded to appoint a committee consisting of the Administrator, Superintendent,Board Chairman and Secretary to take minutes, and one other person from the Board, selected by the Board Chairman to compose our committee. Motion passed unanimously. John Miller gave a progress report on Hi-Tor. The Reservoir is on schedule and the contractor has until the 28th of February to complete this project. Bids on the 24-inch Transmission line on Greenburg, will be opened at the Operations Center at 3 p.m. Friday, August 31, 1990. John Miller stated that legal council advised that 3 Board members be present for the bid opening. Motion was made and seconded to appoint a committee to be selected by the Chairman of the Board, for the purpose of approving or disapproving the proposed bid for this work. That committee will be acting as the Board in terms of the bid opening. Motion passed unanimously. The No. Three Reservoir was the next item on the agenda. Administrator Miller explained that the No. Three Reservoir does not refill in hot weather, and a 16-inch line will need to be installed from the 24-inch line at SW 121st and Fonner to SW 135th and Walnut and tied to the SW 132nd Avenue pumping station. The District needs to budget for this pipeline in the 1990-91 fiscal year. Discussion followed. There was no action taken. A new pump station, drawing from the ten million gallon reservoir to the Hi -Tor reservoir, was the next item discussed. No action was taken. Other Business was the next item on the agenda. Jon Kvistad opened a letter from Commissioner Castile noting that she would be unable to be at the Board meeting. A second letter from Wolf Creek Highway Water District was read and discussed. The Chairman stated that he would respond. Walt Stronach said that the minutes of an executive session must be kept. It was decided that the attorney should be asked. The meeting was adjourned at 8:47 p.m.