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09/13/2006 - Packet p Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee : �fk.w,6 c 13, 2-oo Date of Meeting To the best of my knowledge this is the complete meeting packet. I was not the meeting organizer nor did I attend the meeting; I am simply the employee preparing the paper record for archiving.This record came from Greer Gaston's office in the Public Works Building. Kristie Peerman Print Name Signature 3- 7 -L3 Date Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area AGENDA Wednesday, September 13, 2006 Tigard Water Building 5:30 p.m. 8777 SW Burnham Street Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to take roll call. 2. Public Comments Call for any comments from the public. 3. Approval of Minutes—August 9, 2006 Motion from Board for minute approval. 4. Discussion on the Possible Impacts of Bull Mountain Incorporation-Attorney Firestone (30 minutes) 5. Water Supply Status-John Goodrich (10 minutes) 6. Informational Items-Dennis Koellermeier • The Board will meet with the Tigard and Lake Oswego City Councils on Tuesday, November 14 at Lake Oswego City Hall, 380 A Ave., Lake Oswego, Oregon. Dinner will be served at 6 p.m. and the meeting will follow at 7 p.m. 7. Non-Agenda Items Call for non-agenda items from Board. 8. Next Meeting- October 11, 2006, 5:30 p.m. - Water Auditorium 9. Adjournment-Approximate Time 7:00 p.m. Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Sign-in Sheet Intergovernmental Water Board Meeting Date: S,trmLe /3. Zook Name Do you wish If yes, please give your address please print to speak to the Board? John Q. Public Yes 13125 SW Hall Blvd. Tigard OR 97223 I l 0 3 S' 5- t1 cA Al 6;k_1 10 _C7L Vw�;r) _bgbc�z� lVo L,rd 0 2-Zj�L JS?o o Intergovernmental Water Board Meeting Minutes September 13, 2006 Tigard Water Building 8777 SW Burnham Street Tigard, Oregon Members Present: Patrick Carroll, George Rhine, and Dick Winn Members Absent: Bill Scheiderich and Tom Woodruff Staff Present: Public Works Director Dennis Koellermeier Water Quality & Supply Supervisor John Goodrich Attorney Gary Firestone IWB Recorder Greer Gaston 9. Call to Order, Roll Call and Introductions The meeting was called to order at 5:33 p.m. Note: Item 3 was heard before item 2. 2. Public Comments: None 3. Approval of Minutes —August 9, 2006 Commissioner Rhine motioned to approve the August 9, 2006, minutes; Commissioner Winn seconded the motion. The motion was approved by unanimous vote. Note: Item 2 was heard after item 3. 4. Discussion on the Possible Impacts of Bull Mountain Incorporation Mr. Koellermeier introduced Attorney Firestone who was present to discuss possible scenarios and what, if anything, the Board should be doing surrounding the possible incorporation of Bull Mountain. With regard to incorporation, Attorney Firestone advised withdrawal from the Water District had not been proposed. However, if formed, the Bull Mountain city council would have the authority to withdraw territory from the Water District. If the new city chooses not to withdraw from the Water District, everything would continue to operate as it has in the past. The Intergovernmental Agreement (IGA) Intergovernmental Water Board Minutes September 13,2006 1 would not need to be changed, all the properties would remain part of the District, and Tigard would be obligated to provide service. The only action the city of Bull Mountain could take to affect the area of the District is to withdraw; it can not add territory. There is no obligation to provide water service to any area not currently within the boundaries of the Tigard Water District (TWD). If the city of Bull Mountain includes areas outside the Water District, those areas do not have to be served by the Water District or the City of Tigard. The IGA does not address what happens if a portion of the Water District becomes part of a city and withdraws from the District. The IWB could amend the IGA to spell out what would happen under those circumstances. At any point after the new city is formed, it could chose to withdraw from the Water District and would have certain rights with regard to equitable division and disposal of the District's assets. Local water lines would become the assets of the new city. Additionally, the new city would likely be entitled to some proportionate share of capacity, water rights, and major facilities, such as reservoirs and pump stations. Any amendment to the IGA could not negate the new city's rights to these assets, but the IGA could specify what assets are needed to provide service to the remaining members of the system. There is nothing to prevent an agreement between the city of Bull Mountain and the members of the IWB. Attorney Firestone suggested this may be the most logical approach. Such an agreement might identify system assets to be used by Tigard and specify what lines and water rights would go to the city of Bull Mountain. Details of such an agreement would be a matter for future negotiations. Attorney Firestone said he would assume the IWB would argue that the new city is not entitled to any of the assets needed to provide service to other IWB members. The new city could be given some delivery rights throughout the life of the agreement. If the city is formed and withdraws from the District, statue provides for a period of negotiations, between the new city and the District, to work out an agreement. The division of assets would essentially be the sole source of negotiations. If an agreement can not be reached, the issue would then go to the county board. Attorney Firestone stated that no one had been faced with this exact situation before and the outcome is unpredictable. Commissioner Rhine asked what needed to happen for the new city to become a member of the IWB. Attorney Firestone responded if the new city did not withdraw: ■ The District would continue to exist, unchanged. ■ The Board would continue to function as is. Intergovernmental Water Board Minutes September 13,2006 2 ■ The new city, not being a party to any of the ICAs, would have no role in the water distribution system and no rights or obligations relating to water within the TWD. Local governments can create any type of agreement as long as it is legal and within their authority. The new city could negotiate to become part of the system, receiving service on the same terms. In response to a question from Commissioner Carroll, Mr. Koellermeier stated the vast majority of Bull Mountain residents would be within the boundaries of the new city. Attorney Firestone explained the District would still exist, because some territory would fall outside these boundaries. Mr. Koellermeier referred to a map depicting the boundaries in question. The map is on file in the IWB record. Areas 63 and 64, formerly called study areas 48 and 49, are outside TWD boundaries and are within the boundaries of the proposed new city. The areas could be annexed into the District, if Tigard, the TWD, and the IWB agreed to expand their service area. Commissioner Winn asked what the IWB should do to prepare for the possible incorporation. Attorney Firestone responded the Board can: ■ Do nothing and proceed with business as usual. ■ Try to establish a dialogue. • Make some sort of public statement about how the Board plans to operate if incorporation occurs and what it would do in the event the city of Bull Mountain withdraws from the District. Commissioner Carroll suggested the Board could grant IWB membership to the city of Bull Mountain and this would allow everything to remain the same. Mr. Koellermeier responded all current IWB members own the assets within their boundaries. He added that until the city of Bull Mountain withdraws from the TWD, they have no assets and are not in the water business. Attorney Firestone reiterated the new city could not become a member of the IWB without an IGA, but an IGA could be created whether or not the city withdraws from the District. If an IGA were created without the new city withdrawing, it would not have any assets; this would differentiate the new city from the all the other entities making up the IWB. In the first few years after incorporation, Attorney Firestone predicted the new city would focus on getting up and running, and on land use. The people involved in the incorporation effort have not proposed providing water services, although these individuals may or may not end up on Bull Mountain's city council. Intergovernmental Water Board Minutes September 13,2006 3 At some point, the new city would have to plan the water system for the undeveloped areas of the proposed city. Supplying water to these areas could be accomplished if the TWD annexed the areas and a water service agreement between the city of Bull Mountain and the IWB is created. The water service agreement could take the form of an urban service agreement through the TWD, with the consent of the IWB. Audience member Isador Moragavi, who lives in the Bull Mountain area, expressed concern regarding increased density and it's impact on existing infrastructure. Mr. Koellermeier relayed the IWB had adopted a master plan which details major facilities and funding strategies. The master plan was created and sized based on Tigard's planning densities and does not address the increased density that would result from the incorporation of Bull Mountain. Mr. Koellermeier said the addition of areas 63 and 64 would further exacerbate this situation. In the past, the Board has not considered boundaries when building capacity improvements, but the Board would need to consider who would subsidize such an expansion. Commissioner Winn commented King City would not want to subsidize service improvements resulting from the creation of a new city. The Board discussed the density and water demands of the proposed city. Should the new city be formed and withdraw from the District, Mr. Koellermeier asked about the distribution of liabilities. Attorney Firestone responded that liabilities were treated differently than assets. If debt is incurred related to a specific facility, infrastructure, etc., and the new city takes over that facility, infrastructure, etc., then the new city assumes the liability. Mr. Koellermeier said revenue bond debt may be incurred in the next few years to address capital improvements. Attorney Firestone said, in some cases, if there's outstanding bond indebtedness, withdraw doesn't affect property taxes for each individual location. If the new city would remain within its tax limit, it could take over the tax obligation and pay the District. Commissioner Carroll noted debt is typically reflected in rates and Attorney Firestone noted, in that case, these scenarios would not be applicable. Mr. Koellermeier stated capital improvements in the expanded area could be funded through a differential system development charge specifically for that area. Attorney Firestone added the IGA permits a cost differential in the rates if circumstances differ. In response to a question from Commissioner Rhine, Mr. Koellermeier said expansion would likely require increased storage, increased pipe diameter for major transmission facilities, and upsizing of infrastructure all the way along the line. Although higher density results in cheaper distribution costs, growing Intergovernmental Water Board Minutes September 13,2006 4 capacity at the end of the system, as in the case of areas 63 and 64, is very expensive. Attorney Firestone summarized that things could simply continue as they are in the existing system. He added he thought the parties will likely arrive at some type of agreement in the next 12 years and that there are few constraints on what such an agreement might look like. At a minimum he would expect an urban services agreement. 5. Water Supply Status Mr. Koellermeier introduced John Goodrich who briefed the Board on the following points: ■ The City has recovered all injected water and is trying to take an additional 50,000 million gallons (mg) of native ground water from aquifer storage and recovery (ASR) well #1 . ■ The City is taking about a half million gallons a day from ASR 2 and will leave about 37 mg in the ground. ■ The City's contract with Portland requires Tigard to take 6 million gallons per day (mgd). ■ The current system demand is about 10 mgd and ASR is used to supplement Portland water. ■ August demand has decreased as compared to last year. This may be weather related. ■ In October, the Portland contract drops to 4 mgd. The City will take more water from the ASR wells if demand does not decrease as expected. ■ The City continues to take 1 mgd from Lake Oswego. • The City is taking 1 '/2 mgd from the Joint Water Commission. 6. Informational Items: None 7. Non-Agenda Items Mr. Koellermeier reminded the Board of their meeting with the Tigard and Lake Oswego City Councils on Tuesday, November 14 at Lake Oswego City Hall, 380 A Ave., Lake Oswego, Oregon. Dinner will be served at 6 p.m. and the meeting will follow at 7 p.m. Commissioners Carroll, Rhine, and Winn indicated they intend to go to the meeting. Mr. Koellermeier informed the Board that Commissioners Scheiderich and Winn planned to participate in a tour of the Barney Reservoir on October 5. He asked if any other Commissioners were interested and mentioned some staff members may also attend. No other Commissioners expressed an interest in the tour. 8. Next Meeting — October 11, 2006, 5:30 p.m. - Water Auditorium Intergovernmental Water Board Minutes September 13,2006 J 9. Adjournment Commissioner Winn motioned to adjourn the meeting; Commissioner Rhine seconded the motion. The meeting was adjourned at 6:51 p.m. /�y}n 40-- 6 z'-'ax�L Greer A. Gaston, IWB Recorder Date: Ahb(. ZDD4 Intergovernmental Water Board Minutes September 13,2006 6 Agenda Item No.: .3 IWB Meeting Date: 5g p-t. 13 Intergovernmental Water Board Meeting Minutes August 9 , 2006 Tigard Water Building 8777 SW Burnham Street Tigard, Oregon Members Present: Patrick Carroll, George Rhine, and Dick Winn Members Absent: Bill Scheiderich, Tom Woodruff Staff Present: Public Works Director Dennis Koellermeier Financial Operations Manager Tom Imdieke IWB Recorder Greer Gaston 1. Call to Order, Rol/ Call and Introductions The meeting was called to order at 5:34 p.m. Note: Items 3, 4 & 5 were heard before item 2. 2. Public Comments: None. 3. Approval of Minutes — July 12, 2006 Commissioner Rhine motioned to approve the July 12, 2006, minutes; Commissioner Winn seconded the motion. The motion was approved by unanimous vote. 4. Approval of Minutes — July 20, 2006 Special Meeting Commissioner Winn motioned to approve the July 20, 2006, minutes; Commissioner Rhine seconded the motion. The motion was approved by unanimous vote. 5. Paul Vorvick Appeal of Leak Credit Mr. Imdieke provided background information on the appeal of a leak credit. Mr. Vorvick summarized a letter dated July 5, 2006. This letter is on file in the IWB record. The total estimated cost of leak was $1125. A credit of $499 was issued via the prescribed policy. This left a balance of $625 owed by Mr. Vorvick. Commissioner Winn pointed out the Board had spilt the difference with previous customers and proposed the Board do the same for Mr. Vorvick. Commissioner Winn motioned to split the $625; Commissioner Rhine seconded the motion. The motion was approved by unanimous vote. Intergovernmental Water Board August 9,2006 1 Note: Item 2 was heard following items 3, 4 & 5. 6. Informational Items Mr. Koellermeier reported on the following topics: Bull Mountain Incorporation • County Commissioners approved the proposed boundary as submitted. Tigard's request to amend the boundary to exclude water properties and Tigard park properties from the new city was declined. ■ Tigard is moving ahead with annexation of water properties and park properties into the City of Tigard. The annexation will take place before the November election. ■ If new city is formed, Tigard and the new city will likely go to court to determine the boundaries. ■ If formation of the new city fails, Tigard expects the annexation will be upheld. ■ If the new city is formed and takes over water district assets, it is unclear what happens to the other IWB member's interests in those assets. ■ The new city is not a signatory to the existing intergovernmental agreement (IGA) and the IGA is not assignable. The IWB would need to decide if they want to take on the new city as a member and what the conditions of this membership would be. ■ Proponents of the new city have indicated they want the water district to be their service provider. ■ Commissioner Rhine reported the Tigard Water District (TWD), by charter, represents the unincorporated area of Washington County and if the new city is formed, then constituents of the new city are not part of the TWD. Commissioner Rhine advocated the IWB begin to look at some of these issues now, in anticipation of the possible formation of the new city. Commissioners Winn and Carroll concurred. Bev Froude, TWD Chairperson, spoke from the audience and commented that a proponent of the new city had already asked her if the new city would become a member of the IWB. Mr. Koellermeier advised the new city could only become a member if it took over the assets of the TWD and represented that group. If the new city did not take over the TWD assets and allowed the TWD to co-exist with the new city, then the city would not necessarily be a member because they're not representing any water customers. This latter scenario would mean that the TWD would represent both water customers within the new city and those still residing in the unincorporated area. The Commissioners concurred they would like legal staff to attend the September meeting to begin to prepare for the potential incorporation. Mr. Koellermeier said he would bring a map depicting potential boundaries and annexation properties to the next meeting. Intergovernmental Water Board August 9,2006 2 Mr. Koellermeier added he would also ask the attorney to address the current agreements and responsibilities for areas 63 and 64. According to the IGA, the City of Tigard is not obligated to provide water to these areas, but Commissioner Rhine advised Tigard was the only logical option. Mr. Koellermeier said he would research scheduling and planning issues for areas 63 and 64. The board discussed how a major infrastructure expansion might be funded. Commissioner Carroll suggested the Board take a positive approach to providing water to areas 63 and 64. JWC Barney Tour Commissioners Winn and Rhine expressed an interest in taking the tour. Commissioner Winn said Monday or Friday would be best for his schedule. Mr. Koellermeier said he would get back to the Board with some proposed dates. Sanitary Survey The City of Tigard's water division recently underwent a sanitary survey, a low-grade, procedural audit by the Oregon State Health Division. The State reviewed the City's policies, procedures, facilities, and compliance with State rules and regulations related to the provision of water. The survey was conducted on very short notice last month and went extremely well. Summer Peaking Water demand peaking has decreased as the population has increased. This was attributed to maturing landscapes, conservation efforts and identification and repair of leaks. On a recent Sunday, water demand for the summer peaked at 13.35 million gallons per day. 7. Non-Agenda Items: None. 8. Next Meeting— Wednesday, September 13, 2006, 5:30 p.m. — Water Auditorium 9. Adjournment At 6:20 p.m., Commissioner Rhine motioned to adjourn the meeting; Commissioner Winn seconded the motion. The motion was approved by unanimous vote. G erG er A. Gaston, IWB Recorder Date: �,t�n�� /3. zw6e Intergovernmental Water Board August 9,2006 3 City of Tigard 13125 SUS Hall Blvd. � Tigard, OR 97223 Phone: 503-639-4171 TIGARD FAX TRANSMITTAL Date September 1, 2006 Number of pages including cover sheet 3 To: The City of King City (Fax No. 503-639-3771) P(The City of Durham (Fax No. 503-598-8595) From: Greer Gaston Co: City of Tigard Fax #: 503.684.8840 Ph #: 503.718.2592 SUBJECT: Intergovernmental Water Board Meeting Notice and Agenda MESSAGE: Please post the attached notice and agenda for the upcoming meeting of the Intergovernmental Water Board. Thank you. I%ENGTAX DOT Intergovernmental Water Board Serving Tigard King City, Durham and Unincorporated Area MEETING NOTICE Wednesday, September 13, 2006 5:30 p.m. City of Tigard Water Auditorium 8777 SW Burnham Tigard, Oregon 97223 Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area AGENDA Wednesday, September 13, 2006 Tigard Water Building 5:30 p.m. 8777 SW Burnham Street Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to take roll call. 2. Public Comments Call for any comments from the public. 3. Approval of Minutes—August 9, 2006 Motion from Board for minute approval. 4. Discussion on the Possible Impacts of Bull Mountain Incorporation- Attorney Firestone (30 minutes) 5. Water Supply Status -John Goodrich (10 minutes) 6. Informational Items- Dennis Koellermeier ■ The Board will meet with the Tigard and Lake Oswego City Councils on Tuesday, November 14 at Lake Oswego City Hall, 380 A Ave., Lake Oswego, Oregon. Dinner will be served at 6 p.m. and the meeting will follow at 7 p.m. 7. Non-Agenda Items Call for non-agenda items from Board. 8. Next Meeting- October 11, 2006, 5:30 p.m. - Water Auditorium 9. Adjournment-Approximate Time 7:00 p.m. Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 9/ 1 /2006 10: 148M Last Transaction Date Time Type Identification Duration Pages Result 09/01 10: 13a Fax Sent 5035988595 1 : 04 3 OK hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 9/ 1 /2006 10 : 13RM Last Transaction Date Time Type Identification Duration Pages Result 09/01 10: 11a Fax Sent 5036393771 1 : 04 3 OK 1 A IF % V yy,..yy� .�' L N _SeSlA3 - �' Ir yIF to � 'A .N o '. 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