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09/10/2008 - Minutes Intergovernmental Water Board (IWB) Meeting Minutes September 10, 2008 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Julie Russell Representing the Tigard Water District Dick Winn Representing the City of King City Members Absent., Bill Scheiderich, Member At-Large Staff Present: Public Works Director Dennis Koellermeier Water Quality & Supply Supervisor John Goodrich IWB Recorder Greer Gaston Note:Agenda items are recorded in the minutes in the order they were considered. This order varies from the agenda, thus the discrepancy in numbering. 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:31 p.m. He explained Commissioner Sheiderich could not attend the meeting, but had sent an email detailing his thoughts on agenda items 6, 7 and 9. This email is on file in the IWB record. 2. Approval of Minutes-- May 14, 2008 Commissioner Winn motioned to approve the May 14, 2008 minutes; Commissioner Buehner seconded the motion. The minutes were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting yes. 3. Approval of Minutes—July 9, 2008 Commissioner Buehner motioned to approve the July 9, 2008 minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting yes. 4. Public Comments: None Intergovernmental Water Board Minutes September 10,2008 1 5. Water Supply Update Mr. Goodrich reported: ■ August water consumption averaged 9.54 million gallons per day, with a peak consumption of 12.4 million gallons per day. ■ 172 million gallons, or an 82-day supply, remains in aquifer storage and recovery. Tigard has 28 million gallons reserved through the Joint Water Commission. The City is currently drawing 1 million gallons per day. Mr. Koellermeier added Tigard had prepurchased this water and wanted to ensure it will be used. ■ The requirements of the Portland Water Contract were discussed briefly. ■ Commissioner Russell inquired about the condition of the pavement on Bull Mountain Road near the new reservoir. Mr. Koellermeier said the final paving would take place in mid-October once heavy equipment had left the site. Commissioner Russell also asked about the light leading onto the reservoir site, which is on throughout the day. Mr. Koellermeier said he would check on this. 6. Consider Making a Recommendation to the Tigard City Council Regarding the Approval of the First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition (WRWC) Mr. Koellermeier provided background information and summarized his memo regarding this item. The original water right was for 170 million gallons per day and was owned by Wolf Creek Water District, which became the Tualatin Valley Water District. With the formation of the WRWC, the right was then transferred to the coalition. The Tualatin Valley Water District has access to the water right through its membership on the WRWC. Mr. Koellermeier pointed out the "Tigard paragraph," which guarantees Tigard 20 million gallons per day. In response to Commissioner Sheiderich's email, Mr. Koellermeier said the concept had been that the partners of the WRWC would jointly build facilities using the 170-million- gallon-per-day water right. However, if individual partners, like Sherwood, move forward without the other partners, water rights are acquired on a first come, first served basis. These rights need to be allocated in order to secure financing. Such decisions are made by mutual agreement of the WRWC members. Commissioner Buehner confirmed this agreement allocates 20 million gallons of the total 170 million gallons to Sherwood. The possibility of upsizing the Sherwood transmission line and the sale of a transmission line (between Sherwood and Tualatin) and pumping station are still being investigated. Commissioner Russell confirmed the agreement did not involve any capital investment. Commissioner Russell indicated she could not vote on the agreement, since the Tigard Water District (TWD) had not considered the matter. Commissioner Winn asserted the lWB members needed to be able to make decisions without consulting the city or board they represent. Commissioner Russell said she did not have legal authority to take action without direction from the TWD. To avoid this issue, Commissioner Russell suggested the TWD could move their meeting to the first or second Monday of the month. Intergovernmental Water Board Minutes September 10,2008 2 Commissioner Carroll proposed the TWD reschedule its meetings on the Monday preceding the IWB meeting. Ms. Gaston said she would look into room availability for TWD meetings. Commissioner Carroll said he wanted Commissioner Russell, as the TWD's representative, to be able to vote on issues, rather than abstaining. Several timing options were discussed, and Commissioner Carroll directed the IWB packet be mailed on the Wednesday prior to the IWB meeting. This would give the TWD several days to review the information before their meeting and to authorize Commissioner Russell's vote. For last minute items, Commissioner Carroll requested these be sent out via email. The Board decided to consider the agreement rather than await action by the TWD. Commissioner Winn motioned to approve the First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition; Commissioner Carroll seconded the motion. Commissioner Carroll clarified three affirmative votes were needed to pass the motion, and advisee! the TWD was responsible for reporting their action and reasoning to Ms. Gaston who will forward this information to the Tigard City Council. The motion was approved by a majority vote, with Commissioners Buehner, Carroll, and Winn voting yes. Commissioner Russell abstained. 7. Introduction to Street Dedications, Easement and Remnant Property Purchase Related to the Burnham Street Improvements At its November 28, 2007 meeting, the IWB inquired whether the City of Tigard was interested in purchasing a triangular parcel ("remnant parcel") on Burnham Street, opposite the Public Works Building. Mr. Koellermeier summarized the City of Tigard's offer to purchase the remnant parcel at its appraised value of$50,000. The property would be used by the City to consolidate access to two businesses. At the next meeting, the IWB will be asked if it wishes to sell the remnant parcel to Tigard. Mr. Koellermeier referred to a drawing in the IWB packet and said an easement and dedication deeds for the herringbone and crosshatched areas would also be presented at a future meeting. Board members confirmed proceeds from the sale of real property would be credited to the Water Capital Improvement Fund. Mr. Koellermeier advised real estate transactions will need to go to member jurisdictions for ratification. The process will be for the IWB to take action in October, with member jurisdictions considering the transaction in November. 9. Discussion of IWB Attendance at the Oregon Water Law Conference Mr. Koellermeier said Commissioner Winn had expressed interest in attending this conference. Commissioner Russell motioned the IWB pay for Commissioner Winn to attend the Oregon Water Law Conference; Commissioner Buehner seconded the motion. The motion was approved by a majority vote, with Commissioners Buehner, Carroll, and Russell voting yes. Commissioner Winn abstained. Intergovernmental Water Board Minutes September 10,2008 3 10. Informational Items The Board briefly discussed a memo from Mr. Koellermeier regarding responsibility for pressure regulators. The memo is on file in the 1WB record. Mr. Koellermeier made mention of a July 18, 2008 memo from Attorney Ramis regarding signing authority on the Tigard/Lake Oswego water partnership agreement. This memo is on file in the IWB record. 11. Non-Agenda Items Commissioner Winn introduced David Newham who will serve as King City's alternate to the IWB. 8. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard This item was continued from the Board's July 9, 2008, meeting. Commissioner Carroll proposed the Board could begin by reviewing the lists of changes/recommendations submitted by the Tigard Water District and Commissioner Sheiderich. Tigard's changes still need some minor work. Commissioner Carroll requested these changes be distributed to the other members when completed. Commissioner Buehner suggested postponing this item to the Board's next meeting which could be extended to 7:30 p.m. or later. Commissioner Carroll advised Durham had not prepared a list of changes because its concerns were addressed on the lists prepared by other members. Commissioner Winn inquired if the process would be for the Board to go through the agreement paragraph by paragraph. Commissioner Russell cautioned this could be quite time-consuming. Commissioner Carroll said it was unlikely the Board would be able to review the entire agreement at one meeting. He proposed using Durham's agreement as a template and asked the other Board members to compare their agreement to Durham's agreement. Commissioner Russell inquired whether Attorney Balfour might be hired to draft the new agreement. Commissioners Carroll and Buehner concurred this was a good suggestion, once the Board had established the major points of the agreement. 12. Future Agenda Items ■ Street dedications, easement and remnant property purchase related to the Burnham Street Improvements. ■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area. ■ Presentation by Washington County planning staff regarding Areas 63 and 64. ■ Review: Proposed Tigard Municipal Code and policy changes regarding credit for leak, water meters, and non-payment of water bills. - The billing insert policy. Intergovernmental Water Board Minutes September 10,2008 4 13. Next Meeting: ■ October 8, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 14. Adjournment At 6:38 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner Buehner seconded the motion. The meeting was adjourned by unanimous vote of the members present, with Commissioners Buehner, Carroll, Russell and Winn voting yes. 1WB Chair Greer A. Gaston, IWB Recorder Date: :-(L'G�f Intergovernmental Water Board Minutes September 10,2008 5