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11/10/1999 - Packet BOOK COPY • INTERGOVERNMENTAL WATER BOARD MEETING Serving Tigard, King City, Durham and Unincorporated Area AGENDA Wednesday, November 10, 1999 5:30 p.m. 1. Call to Order 2. Roll Call and Introductions 3. Progress on the Long Term Water Supply Update - Ed Wegner 4. Director's Report - Ed Wegner • 5. Tigard House Expansion - Kathy Kaatz, Kathy Palmer 6. Utility Manager's Report a. Water rate study update/timetable - Mike Miller b. Future water reservoir site 7. Public Comments 8. Non Agenda Items 9. Adjournment Executive Session: The Intergovernmental Water Board may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) & (h) to discuss labor relations, real property transactions, current and pending litigation issues and to consider records that are exempt by law from public inspection. All discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend • this session, but must not disclose any information discussed during this session. kathy\iwb11-10.agn is Intergovernmental Water Board Meeting Minutes September 22, 1999 Members Present: Paul Hunt, Gretchen Buehner,Jan Drangsholt, Patrick Carrott, and Bill Seheiderich Staff Present: Ed Wegner, Kathy Kaatz, and Mike Miller Visitors Present: Paul Owen, Roel Lundquist, and Henrietta Cochrun 1. Call to Order The regular'meeting of the Intergovernmental Water Board was called to order at 5:30 p.m. 2. Roll"Cell and Introductions Roll call was taken,with all members present with.Commissioner Buehner arriving at. approximately'5:40'p.m. • 3. Minute Approval Motion was made by Commissioner Hunt to approve both the minutes from July 14 and August 25-. The motion was seconded by Commissioner Carroll and passed unanimously. 4. Director's Report—Ed Wegner Mr.Wegner distributed to the Board--the Raw Water Monitoring 1998/99 Annual Report from Montgomery Watson. Mr.. Wegner stated that.this,report was received from Montgomery Watson this afternoon and did not have time to review the entire document. He explained that there is an Executive Summary, which will outline the report. He continued by stating that this outlines the testing for the..13 months and also addresses the issue-that Dr. Scott referred to regarding missed reports.' Mr. Wegner stated that the same chemicals that were found back in 19:93/94 were again detected in low levels and the conclusion was that those chemicals-that were found are of a treatable nature and a lot of the,chemicals were found to be at or below 1 ppb. :Montgomery Watson has recommended that we continue with the raw.water monitoring. Tigard City Council, last month approved a six-month monitoring contract to be continued. Mr. Wegner stated that the Citizen for Safe Water group from Wilsonville have been requesting,this report and it will be provided to the City of Wilsonville. Commissioner Hunt questioned whether Wilsonville is paying for a portion of the monitoring? Mr. Wegner stated that they have,said-they will.pay for a portion of the testing. Commissioner Drangsholt IWB Meeting Minutes September 22, 1999 Page 1 questioned whether we are working with the State on the deformed minnows? Mr. Wegner stated that Montgomery Watson is working closely on this issue. Mr. Wegner distributed two handouts one from Gary Fiske and Associates and Joe Glicker to Lorna Stickel on Regional Transmission Plan Criteria. He continued by stating that he and Commissioner Hunt attended•last week the Regional Consortium meeting. The Consortium is studying the regional transmission and,the connectivity with all twenty-seven members. This is the first two of five steps, which include the development of the project evaluation criteria, which include: Efficiency Regional Operating Flexibility Weather driven reliability Regional system development flexibility Emergency reliability Ability to meet immediate local needs Water quality Technical feasibility Cost Legal/Regulatory feasibility Environment Institutional/financial feasibility Mr. Wegner continued by stating that as the matrix demonstrates these evaluation criteria either fit into the,Regional Water Supply Plan, the Regional Transmission Workshop, or the Portland IMP Criteria. The second memo that was furnished to the Board was to Joe Glicker from Chris Uber, Murray, Smith and Associates outlining the Regional Storage and Transmission Strategy and the four scenarios that the group will be looking at. This memo includes maps that outline each separate scenario. As part of the scenario development of the following existing conditions are considered underway or have been • selected for development: ■ Joint Water Commission 72 inch diameter transmission main ■ Willamette River Water Supply System facilities ® Tualatin Valley Water District reservoir intertie with north side transmission main ■ Conduit 5 from Bull.Run ■ Clackamas River supply systems interne This memo also briefly summarized each regional storage-and transmission developed for further review and evaluation. Listed'below ate the four scenarios: ■ Holistic approach—reflects the concepts developed as part of the RWSP, which envisioned.major`regional water supply sources connected to regional storage facilities through a transmission system which allows each local provider to ultimately use one or more of all the"supply sources. ■ Primary source with emergency backup—reflects a primary and emergency source approach where each local provider develops or selects its own primary water supply source and independently or jointly:develops and/or selects emergency average day demand backup supplies. ■ Zonal source— reflects the development and use of regional storage and transmission facilities to serve zonal supply sources developed to their maximum capacity. The IWB Meeting Minutes September 22, 1999 Page 2 regional transmission and storage facilities are developed to reflect.serving two specific geographic areas, east and west, from;these sources. ■ Interconnected subregional supply—reflects the ultimate development of existing sources and supplies to serve expanding water demand needs. Included under this scenario is the further interconnection of City of'Portland;Trash/Tualatin and Clackamas Rivers supplies. Mr. Wegner continued by stating that the head engineering firm,Montgomery Watson, is working with almost all the other major engineering firms that,deal in water issues will be working on this project. The project is due for completion next September with,'a recommendation that will be taken back to each entity. This project is funded through the Consortium.dues, of which we paid approximately$9,000 this year. Commissioner.Hunt distributed a letter that was received from Canby Utility Board stating their unanimous vote on,withdrawing membership from the Regional Water Providers Consortium at the.,September meeting: Commissioner Hunt stated that his feel'in'g was that we�might want to consider withdrawing as well. Re stated that;we paid .$9;000 in dues this:year and that.it.appears.that,this.is.just,another°platform for the City of Portland to push the Bull Run system. Commissioner Scheiderch questioned what the notice clause for termination.in the Consortium Agreement? Mr. Wegner stated that he did.not have-a copy of the contract with him land he:did not know what the terms are: Mr. Wegner stated that the dues are paid on a fiscal year basis and we have paid for the 1999/00 fiscal year. Mr. Wegner stated that we.coul'd notify the Consortium that we are not going to actively-participate. There was a brief discussion on whether the remainder of the participants would be assessed an additional fee if Canby had not paid,their dues.. There was some discussion by the Board to leave a representative on the committee and not attend meetings regularly. This would-allow us to remain on the mailing lists and continue to receive meeiing minutes. It was decided that a letter be composed and furnished to the Board prior`to sending, outlining the dissatisfaction on the direction of the committee. Chairperson Scheiderich stated the.letter.should address the purpose of being in the Consortium_is for regional supply and'insofar as,one of-the principal suppliers at least is giving,no indication of making this a two:way.arrangement. It was noted that the next,meeting of the Consortium is in December. Mr. Wegner stated that there has been a lot of criticism internally lately within the Consortium. They have set up their own strategic planning committee made up of four or five individuals. - 6. Public Comments There were no.comments by the public that was in-attendance. IWB Meeting-Minutes September 22, 1999 Page 3 7. Non Agenda Items Chairperson Scheiderich brought up the discussion on-the amendments to the IGA regarding the discount on rates. It was Mr. Scheiderich's recommendation that all entities relate to the revenues in the same way whether it be.a percentage returned to those entities for their own water related purposes. It was noted that the City of Durham is the only entity that has a different clause in their IGA. Commissioner Scheiderich stated that at this point, it depends upon whether the individual entities,(TWD, Durham, King City,Tigard) wish to in anticipation of whatever, wish to amend the IGA to cause more than 1% of sales revenue from their respective customers or residents to be rebated for disposition of water related purposes. Mr: Wegner stated that currently the rebate/revenue is paid once according to a calendar year and the members may consider changing the payment to a quarterly basis. The Board decided to go through the entities one by one to determine whether they are interested-in drafting an amendment to the IGA to cause more than 1% of the sales revenue from water sold in each entity to come back to that entity with the following results: ■ Durham" voted at this time to not increase over 1% but at some point would like the Agreement modified to conform-to current practice. ■ King City—Commissioner Drangsholt stated:that she was quite sure that King City would want,to increase percentage to set aside although they have not voted upon this issue. • ■ Tigard Water District—Comrnissioner;Buehner stated that the TWD has voted to go along with an increase and it was their opinion to have an equal percentage increase across the board. She continued-by stating-that the TWD'invited the'City Manager's and City Attorney's to a meeting where legal counsel was,inferviewed and a discussion was held on the potential legal options. A decision was made to proceed with preliminary work that needed to be done irrespective of what issues would come up with the IGA. ■ City of Tigard—Commissioner Hunt abstained Commissioner Buehner stated that because the IGA was poorly drafted and there are a lot of ambiguities as to the power that.this Board has with.respect to the City of Tigard, which would become a major issue. She continued to state.that this Agreement needs to be revised substantially and that the entities need.to make a decision on rewriting the Agreement to set up the IWB as a legal entity to allow them to have the rights and authority to do certain things that are Currently not allowed. She stated that the legal . counsel that Tigard Water District have retained are working on these preliminary issues now.. Mr. Wegner stated that at the next Tigard Water.District meeting (9-27) the attorney retained by the Board Will be meeting with Durham and King City attorneys for a follow up. Mr. Sercombe will be presenting an outline of the laws, the IGA and provide a . budget. • IWB Meeting Minutes September 22, 1999 Page 4 �f It was determined that the issue of a draft amendment to the IGA be placed on the next agenda with the following items covered: ■ Leave.percentage blank . ■ Amend language to conform to current practice ■. Pay schedule to be paid quarterly ■ Changes for specific period of time reviewed annually in November. Remains effective until changed ■ Amendment-retroactive to January 1, 1999 Chairperson Scheiderich suggested that the Tigard Water District draft a letter to the other entities outlining their needs and request a response from each entity. Mr. Wegner stated that after speaking with Mr. Sercombe at the September 27t''Ti9ard Water District meeting then the IWB would finalize decisions at their next meeting of the IWB on October 1P. CommissionerDrangsholt stated that.she would like to hear-more information regarding the vote results.. Mr. Wegner stated that the results were tremendously one sided and will now`require a vote-of the citizens,of Tigard whether to.go to the Willamette. Mr: Wegner stated there.would not he a November election so the,earliest election will be in March. Commissioner Hunt stated that there has been no discussion on the direction that Council will be on this issue. Mr: Wegner stated that it is hard to determine the direction we will take but there will need to be a joint meeting to determine how to proceed. • CommissionerBuehner madea motion to irrespective of the-vote- the City g ..of Tigard, p , instruct staff to continue with the Willamette option. Commissioner Schedierich suggested that at thenext meeting, staff provide chronological accounts of events and directions alreadytaken by staff. Commissioner Hunt,questioned whether the IWB can give that direction or would the,recommendation need to go the Tigard City Council? Commissioner Scheiderich stated-that all the entities-voted upon as individual entities as, directed by their respective entity to proceed with construction and drink treated water from the Willamette. The Tigard City Council in an open-meeting,did enact axesolution directing staff. Mr. Scheiderich then requested that this item be.recited in a summary as part of the actions taken to date. Since there were no second on the motion on the floor there were no action taken. Mr. Wegner asked for clarification on the Board's direction on staff working on the Willamette option. Commissioner Carroll stated that the Board has already stated that back in April the Board directed staff to proceed and nothing has changed. Commissioner Scheiderich stated that at the October meeting, staff would provide,-the Board with the actions taken under the direction given by all participating entities. Commissioner Hunt questioned the status of the rate study? Mr. Miller stated that he met with CH2M.Hill Tuesday to discuss'the status. Tigard City Council has approved the IWB Meeting Minutes September 22, 1999 Page 5 contract and they are currently reviewing the information and will be requesting additional data within the next two weeks and will begin revamping the entire model. The current model does not allow us to take advantage of our current situation with the ability to change rates yearly. CH2M Hill will have a product for us to look at in December. The current program is an Excel based program. Mike Miller provided the Board with the 1998 Water Quality Report which has started going out in the mail to all residents of the Tigard water service area. The report contains a lot of mandatory language but it also includes information regarding our system including flushing programs, reservoir cleaning, etc. This report is mandated by the amendment to the Safe Drinking Water Act. The next report.is due out July of 2000. Commissioner Carroll questioned the lead content in our water. Mr. Miller stated that Portland has exceeded the action level and we can adjust the ph in order to bring it below the action level. 8. Adjournment A motion to adjourn was made by Commissioner Buehner and seconded by Commissioner Carroll. The next meeting of the Intergovernmental Water Board was set for October 13, 1999—The meeting was adjourned at approximately 7:00 p.m. IWB Meeting Minutes September 22, 1999 Page 6 Tigard Area Historical and Preservation Association •. 13125 SW Hall Blvd. * Tigard,Oregon 97223 * 503-684-6537 November 3:, 1.999 Intergovernmental Water Board 13125 SW Hall Blvd. Tigard, OR 97223 Members of the Board: We are requesting the Board's consent to a proposal by the Board of Directors ofthe Tigard Area Historic Preservation Association (TAHPA). TAHPA is a non-profit organization which primarily operates the John Tigard Museum House locatedat the corner of Canterbury Lane and 103rd Avenue in Tigard. The Museum is a small but beautiful Victorian house, historic to.the early settling of the Tigard area. For-:a,number of years TAHPA has operated this Museum under a land lease agreement with the then Tigard Water District''. What our Board desires of you is an approval to move forward with planning and commitments for'the addition of'sewer services and the construction of an annex building on the property to be paid for by donations and endowment funds of TAHPA. In the way of supportive information, TAHPA and the Museum are operated entirely by volunteers from the community. We have monthly meetings at the house and also hold"open house"activities for the community,on.a monthly basis. The house.was constructed ca.1880 without restroom facilities and must be maintained as such to abide by historic standards. The need for restroom;facilities is particularly important for the publicus well as docents who perform,three.hour shifts atopen house event's and for area elementary students who make annual field trips to the house. The house is too small to adequately display rotating exhibit materials and donated,items of historic nature. Hence, we are.proposngthe construction of'an unattached, annex building for those purposes and to include restrooms. The'plot of land is more than ample for such an additional building whichwill be constructed consistent with the historic nature of the John Tigard House. Before further�planning can be done, it is vital that TAHPA have your Board's consent to these changes. The Tigard area community has desperately few historic landmarks or structures and it is TAHPA's belief that-the John Tigard Museum House is a vital resource which deserves improvement and will be accomplished at no taxpayer expense. Sincerely yours, Kathleen Palmer, President TAHPA Board of Directors r LEASE AGREEMENT This lease is made and executed on x , . 19791 by and between TIGARD WATER DISTRICT, of. S_841 S. -W. Commercial Street, Tigard,, Oregon 97223, telephone number 50,3-63971554, here- inafter called "Lessor" , TIGARD AREA HISTORICAL AND PRESERVATION - ASSOCIATION, of 2042 S . W. Custer Street,,. Portland,- Oregon 97219, hereinafter called "Lessee", and OREGON HISTORICAL SOCIETY, of, 12.30• S. W. Park Avenue, Portland,-Oregon 9720,5,, telephone number -. . 503 :222'-1741., .hereinafter called "Guarantor".; and WHEREAS , Lessee wishes to lease from Lessor the demised premises, hereinafter described, for the -purpose of` locating- .and restoring the John Tigard House thereon and holding° the same open to, the public as a historic home;. and `WHEREAS, Lessor wishes to lease the same to .Lessee for the, above stated, purpose and for no .other .purpose; and, W EREAS',, Guarantor., in a,;mutual effort- with Less;ee;, wishes to preserve and protect the John Tigard House for the. en- joyment of future generations and. to induce Lessor to lease the demised premises to Lessee; NOW, THEREFORE , ' n consideration of the covenants and considera=tions herein contained, it is ' hereby• agreed:: ' Lessor leases- to. Lessee and Lessee hires from Lessor,. for the purpose of locating, and restoring the John Tigard °Hoose and holding the same -open• to the public as a historic home, and for- no other purpose, -that certain premises with appurtenances, situated in the City of Tigard, County .of Washington., State of Oregon,, and more particularly described in the schedule attached hereto, marked "Exhibit A" ,� (hereinafter 'referred to as the "demised premises") and by this reference made a part '.hereof. • II The initial term ofthis lease shall be for one year, commencing on the date hereof, subject to renewal as hereinafter provided. III The total rent per. year shall be $1. 00 , which Lessee shail pay to Lessor, without deduction or offset, at Lessor's address set forth 'above. T.VAQV 7\(_bVV7VfLTJrV - IV • Lessor covenants that Lessor owns the demi-sed .premises in fee simple and has full right to make ,•this lease and that Lessee shall have quiet and peaceful possession of the demised premises during the term hereof. V Lessee shall not use or -permit- the demised premises, or. any part thereof, to be used for any purpose or purposes oth- er 'th'an the purpose. or purposes for which the demised -premises are hereby leased. VI During the term of this lease, Lessee shall comply with all applicable laws affecting the demised premises and the John Tigard House., the breach of which might result in any penalty on Lessor or forfeiture of Lessor's title to the demised premises . Lessee shall not commit, or suffer to be committed, any waste on the demised premises , or any nuisance. VII Lessee shall. permit Lessor and the agents and .employees of Lessor to enter into . and upon the demised premises and the • John Tigard House at all reasonable times for the purpose -of. in- specting the same, or for the• purpose of posting notices of non- responsibility for alterations, additions or repairs, without any rebate of rent and without any liability to Lessee for any loss* of occupancy or quiet. enjoyment of the demised premises thereby occasioned. VIII Lessee may encumber :by mortgage or deed of trust', or other proper instrument, its leasehold, interest and estate. in the demised premises together with al'l buildings and-improvements placed by Lessee thereon, as security .for any indebtedness of Lessee. If Lessee shall encumber its leasehold interest and es- tate in _the demised premises .and if Lessee or the holder of the indebtedness secured by such encumbrance shall give notice to Lessor .of. the existence thereof and the address of such holder, then Lessor will mail or deliver to such holder, at such address , a ' duplicate copy of all notices in writing which Lessor may, from time to time, give to or serve on Lessee under and pursuant to the termsand provisions hereof. IX Because this lease is personal between Lessee and Les- sor, Lessee may not sublet the demised premises in whole, or in • Pacre 2 - LEASF AaRFFP4FNT • part without Lessor's prior written consent, but the making of any such sublease shall not release Lessee or ,Guarantor from, or otherwise affect, in any manner, any of Lessee's or Guarantor's obligations hereunder.: Lessee shall not assign or transfer this lease, or any -interest herein, without :the prior written consent of.. Lessor, and a consent to. an assignment shall not be.,deemed to be a consent to any subsequent assignment. ' Any-such assignment without such consent shall -be void, and shall; at the opt orl of Lessor, terminate this lease. The damage, destruction, or partial destruction. of any building or other improvement which is a part or to become a part of the demised premises. shall not ,release. Lessee from any.' obliga= tion hereunder. and, `in .the case of .damage to or, destruction of any such `building .or improvement, at its option Lessee shall., at its own expense, promptly repair and restore the -same ,to. ;a condi- tion-As good or better than that which existed prior to such dam- ,age or destruction, or alternatively, .terminate the : ease _ X Lessee shall ,keep„ the demised premises and all build- ings and other improvements at any time 'located thereon, free and clear of any and all_ mechanic's, materialman's , and other liens , for or arising out of, or in connection with work or labor done, services performed, ' or materials or appliances used or furnished • for or 'in connection. with any operations .of Lessee, any altera- tion, improvement, or. repairs or additions which Lessee may make or permit or cause to-be'.made, or an . y work or cons ruction, by, for., or permitted by Lessee on, .or about the premises, or. any .ob- igations of any kind incurred by Lessee, and that at all. times promptly and fully',to -pay and :discharge Any and all claims on which any such lien, niay or could be based'; and to indemnify Les- sor and all of. the demised premises and all buildings; and improve- ments thereon .against all such liens and claims of` lions and suits' or for other ,proceedings pertaining thereto. Xi. Lessor shall not be liable for any loss, injury, death, or damage to persons or property which at .any time may be suf- fered or sustained -by Lessee or by any person whosoever may at any time be using or occupying or visiting the demised premises or the John Tigard House, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission,. or negligence of Lessee or any occupant, subtenant, visitor, or user of any portion of the demised prem- ises 'or rem-ises 'or the John Tigard 'House, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind from the matters or things above set forth, and Lessee shall indemnify Lessor- against all claims , liabilities, loss or damage whatsoever, on account of any such loss , injury, Pane 3 - LEASE AnPFEMENT death or damage. Lessee hereby waives all claims against Lessor for damages to the building. and improvements that are now or- here- after placed or built on the demised premises and to the property of Lessee in, on or about the demised premises or the John Tigard House, and fo.r ,injur `es to persons or property in or ab.out, the de- mised premises or the John Tigard House,, from any cause arising at any time. The two preceding sentences shall not apply .to loss, injury, death or damage arising by reason of the negligence ,or misconduct of Lessor, its agents or employees. , XII. If .any action at law or in equity shall be brought to recover any. rent under this lease, or for...or.,on account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this lease, 'or .for the recovery of the possession of the demised premises, the .prevailing party shall be entitled 'to recover from the other party as part of the pre- vailing party's costs reasonable' attorneys' fees, the .amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. XIII Lessor grants to Lessee, subject to the conditions set forth below, the right and option to renew this lease indefinite- ly for additional terms of' one year .each. at the same rental as •" provided' above and otherwise subject to. and on .all of the terms and . conditions herein contained; provided, however, that Lessor may terminate this renewal option at .any time upon one year 's written notice. As each such option maybe exercised, Guaran- tor's obligations 'herein contained likewise continues . XIV Lessee shall pay'`the rent and all other sums required to be paid by Lessee hereunder in the amounts, at the times , and in the manner herein provided, and shall keep and perform all of the terms and conditions hereof on its part to be 'kept and per- formed and, at the expiration or sooner termination of this lease, peaceably and quietly surrender to Lessor the demised premises in a condition as good. as or better than that which existed prior to t this lease. XV Lessee shall maintain in effect through the term of this lease personal injury liability insurance covering the de- mised premises and the John Tigard House and its appurtenances . and the sidewalks fronting thereon in the amount of $300 ,000 per injury to or death of any one person, and $300 ,000 for ,injury to or death of any number of persons in one occurrence, and property • PaLap 4 - T,F.A cF a r_Rr,.F1Tr..rT�r • damage liability insurance in the amount of, $300 ,000. Such insur- ance 'shall insure both Lessor and Lessee. XVI In the 'event of any breach of this lease by Lessee which is not remedied, within 30 days after notice thereof is giv- en by Lessor .to Lessee, Lessor 'may terminate this lease and shall have the immediate right of re-entry and *may remove- all persons and property from the demised premises; such property may be 're-. moved- at the cost of., and for the account of, Lessee. XVII In; addition .to Lessee's .duties,, .obligations and ..respon- sibilities hereinbefore described, Lessee,, at- its sole expense, .• shall be. responsible for obtaining a conditional use permit, from. the- .City. .of Tigard, County of, ,Washington, S;tate� of; Oregon,,',I p rsu- ant to the City' s letter to Lessee .da-ted March 12., 1979, a•. copy. of .which is :attached hereto and marked "Exhibit B," , and by this reference, made apart hereof: , . XVIII The John Tigard House to'.. be located on the demised prem- ises shall be and remain the property of Lessee. At the expira tion or sooner termination of this lease, Lessee shall remove the John Tigard .House from the demised premises. XIX Guarantor hereby makes the guarantees set forth in that certain letter from. Guarantor -to. Lessor and =dated. February- 9 , 1979 , a copy of which is attached ,hereto, marked, "Exhibit C" , and by this reference made a part hereof: IN WITNESS_ WHEREOF, the parties hereto have executed this lease in triplicate on the day of 1979 . TIGARD WATER DISTRICT By TIGARD „AREA HISTORICAL AND PRESERVATION ASSOCIATION By OREGON ORICAL SOCI Page 5 - LEASE AGREEMENT TIGARD WATER DISTRICT 664, S. W.COMMERCIAL ST. TIGARD, OREGON O 97223® PHNE. (503) 639-1.SS4 LEGAL DESCRIPTION Sate -for.John Tigard house = Beginning at a point 25 feet .south and 25 feet west of the Northeast corner of Lot 5, TIGARDVILLE HEIGHTS , a ' plat of record in Section 11, Township 2 South, Range 1 West, Willamette Meridian, ,WaShington. County, Oregon; thence south 100 feet; . thence west 136 feet to the east line of that parcel of land described iri Book 529 , Page 452, Deed Records of Washington County; thence North 010 191 - East, along^ said east line, 100 feet to .the. south. • boundary .line of S. W. Canterbury -Lane; thence North. 890 33' East, along said south boundary line of S. W. Canterbury Lane, 136 feet to the point of beginning; - containing 0. 31 :acres. E0 PROFFs GtNFF 7149 O ON Exh-ibit "'A" CITY OF TIA .RD P.O.Box 23397 12420 S.W.Main Tigaid,Oregon.97223 March..12, 1,979 Tigard-Area Historical' & Preservation Association 2,042 S.W*. Custer Street Portland, Oregon, 97219 Re: CU 5-79 - John Tigard- Home To Whom It May Concern: Please be advised that `the Tigard Planning Commission at' their regular meeting of March 6, 1979, approved your .request for a conditional use permit .for the above referenced projeet. This approval is subject to the following conditions: • 1. That the-'.approval of the conditional .use. be .subject to the approval of the minor -land -partition if found. to be.-applicable by the. applicant's and land`.owner's attorneys. 2. That this be resolved, between' .staff: and the ,applicant to far, as appropriate number of.accesses--whatever is.reasonably possible in view of the special nature of the building. . . 3. That half street improvements be made along- S.W. Canterbury Lane to :City local street standards prior-to final.building inspection. 4.. That five feet of right-of-way be dedicated'with half street improvements to City standards along S.W. 103rd prior to final building inspection, 5. That all utilities be subsurface and street lights provided. 6. Utilities be installed prior to final building inspection. 7. That the fire marshall approve site and building prior to final building inspection. 8. That construction. and drainage and sewage drainage plans be sub- mitted-and approvedby the City's building. and engineering departments with necessary bonds prior to final building inspection. Exhibit "B" JOHN -TIGARD HOME CU 5-79 March 12, 1979 • Page 2 9. That landscaping plan and emplacement be approved prior to, final building inspection. The 'conditional use permit shall expire in one year from the date of approval, if- the use has not begun- and continual progress towards its full operation is not -in evidence. If we can be-of .any. further assistance, please do not hesitate to contact this office at 639-4171. Sincerely, Ken Selby Associate City Planner KS:db .cc: Bob Santee Tigard Water District Note: The following acknowledgement must be received .by the City of Tigard within, fourteen (14) days of your receipt of this letter. Failure to return this acknowledgement may result in action by the .City of • Tigard. I hereby acknowledge this ..letter documenting the action of the Tigard Planning Commission. I have received and read this letter, and I agree to thedecision here,documented and to abide by any terms" and/or conditions attached. Signature (applicant) Daae Signature (owner) Date • Oregon Historical Society 1230 S.W. Park Avenue • Portland-Oregon 97205 •(503) 222-1741 • Cable: Histore • THOMAS VAUGHAN Executive Director. Editor-in-Chief ` -Oregon.Historical'Quarterly 1 February 9, 1979 Tigard Water ,District Tigard.', Oregon 97223 Gentlemen: Please be advised by this letter that the .Oregon Historical Soc=iety will undertake to act_as .guarant6r. fn the matter of the' John Tigard House project undertaken by the Tigard Area- ,Historical and Preservation Association and. subject to the approval of' the State Historic Preservation Office .of, Ore,ggn. By acting as 'guarantor the Oregon Historical Society 'accepts. the • responsibility of .the ultimate disposition of the John Tigard House should the Tigard .Area Historical and Preservation' Society be dissolved or be otherwise unabte�.to, perform i,ts stated function with regard to the John Tigard. House.. The assumption :o:f this responsiblity protects, the Tigard Water ;D:i,stri,ct from liability ,for,the proj;ect'.in. anyway i'ncludi;ng ,up,keep of,tte property. The SOci ety wi 11 oversee return of the property-to the Tigard;Water Di"Sstrict s �_ hould he project be concluded. Sin el.y, / • a. .9 a Executive Director With which are now,incorporated The Battleship Oregon Museum,Oregon Geographic Names Board, Oregon Landmarks Committee',Oregon.Lewis and Clark Trail Heritage Foundation Committee, North Pacific(Irkutsk)Archival Research Group Exhibit C • CERTIFICATE OF INSURANCE h John Gordon Wilson, &.Company, Broker, hereby certifies that such' insurance policies as are indicated hereunder have .been issued and are in full 'force .and effect on the • effective date of this certificate. These policies provide the Named Insured with broad forms of Bodily Irnjury and Property Damage Insurance. Name of Insured TIGARD AREA HISTORICAL AND PRESERVATION ASSOCIATION Mailing Address 2042 SW Custer Portland OR 97219 Policy No. Company Effective Date- Expiration Date 587JD6396 St Paul Fire, and. Marine Insurance .Co. 8-24-78 8-24-79 CUMULATIVE LIMITS OF LIABILITY PROVIDED BY THE ABOVE POLICIES: Liability other than Automobile: Automobile -Liabilit .Bodily Injury $ each occurrence Bodily Injury $ each person $ aggregate $ each occurrence' Property Damage $ each occurrence Property Damage $ each occurrence $ . : aggregate Combined $300,000 each occurrence Combined $ each occurrence Single Limit $300,000 aggregate Single Limit WORKMEN'S COMPENSATION EMPLOYER'S LIABILITY Full coverage Under Workmen's Compensation:Law. States of, $ Limit CANCELLATION CLAUSE (Applicable to above')-=It is hereby understoodand agreed that this policy shall not.'be cancelled or altered nor the amount of coverage re- duced until-. at .least ten ('10) days* after notice of such.,cancellation, .alteration or reduction has been mailed to the party to whom this certificate.-is addressed. *thirty ('30') days for Workmen's Compensation policies. : Description and/or location of'. operations or work covered: Comprehensive General Liability--Broad Form, covering Tigard Area Historical and Preservation Association, and their. ownership of the John Tigard House, located at 10310 SW Canterbury-Lane,' Tigard, -OR 97223. Additional Named Insured;: Tigard .Water District and Calvin Presbyterian Church. This certificate is only a statementof the existence of the policy or policies of insurance herein referred to and does not change br affect the terms thereof nor does it purport to 'be a contractof insurance. By issuing this Certificate of Insurance,' we assume no responsibility for the omission of any possible exclusion in coverage or deductible in-the policy or policies of insurance described. Certificate issued. to TIGARD WATER DISTRICT Addressi 8841 SW Commercial Tigard'OR 97223 • Dated at John GordQn Wilson & Company On Mav_-l5. 1979 JOH4 DO ,e WI�M79:1', IN �L ri MEMORANDUM TO: IWB Members ka FROM: Ed Wegner RE: Informational Items DATE: November 8, 1999 1. Portland Water Bureau A. 1998-1999 Demand and Consumption Information B. Wholesale Customer.Consumption Statistics 2. Response to Jack Po,lans — Question to Tigard City Council • 3. Routine Water Sample. A memo explaining a water sample and the process for follow up. IWB Informational Items 11-10-99 DB ureau.of Water Works i !ip,i 0 October 21, 1999 Every Picture Tells A Story This one,however,is paint by number,since it is time for the annual statistical review. Please peruse the,charts when you have time.There is a lot of information here,and a lot of conclusions to be drawn,including the following: In 1998-99 we sold 39.3 Billion gallons of water to a population(served either directly.by us-or by-one of our wholesale contractors)of 792,000 people.That's a lot of water,and a lot of people who depend on it(indeed,expect it)being available on a continuous basis. Of the 39.3 Billion gallons,22.4(57%)were.used by residents of Portland; 16.9(43%0)were used by citizens=served by wholesale•custorners.Of the,22.4 Billion gallons used by city residents, 1"2.3(55%)were used by residential customers; 10.1.(45%)were used by comnierciaUindustrial/institutional customers.Another way to portray this is:of the 39.3 Billion ws Cidtii , %o " iacustomers-26% was used by City-commercial customers;431/o was used by wholesale customers outside the City. For comparison sake,I looked atthese'same numbers for the'period 1987-88 through 1991-92. Using averages of the data for those five years,here's what you find:the retail-wholesale split was 61%-39%.That has changed in the last 10- 402.years,as retail dropped last year to 57%and wholesale grew to 43%;indicative of the growth in'the suburbs,for ne thing.Another difference is the total.population served from our system.For the 87-92 period average population served was 682,000;compared`to 792,000 last year. A most notable,change fromthe,87-92 time period'and last year is the per capita water consumption of residential customers in the.city. It dropped from 85 gallons per capita to 72 gallons per capita last year;a-decrease of 18%.This speaks to the effectiveness of conservation and efficientwater use programs. The seasonality of water,use ispredictable."Peak season(June-Septemher)was 50% higher than winter(November- March);and peak day(July 29, 1998)was slightly more.than double winter user(from 98 mgd to 204). Obviously,of concern to us is not just how much water we sell and who buys it,but how efficiently it is used.Earlier I noted the change over time in per capita usage by residences.A portion of our conservation program targets our business and industry customer base.All of these strategies have been implemented by some of our customers:irrigation controls and eff tient plantings;°water reuse;use of non-potable water sources;manufacturing process changes;and, elimination of single pass cooling and installation of cooling towers.These changes are made based on sound business analysis.Reductions in water use,and corresponding reductions in volume of sewer discharges,result in lower utility bills. There you have it:water by-the numbers. Michael Rosenberger administrator City of Portland ® Bureau of W�uer Works IN 1 120 SW Fifth, Room 600 ® Portland. Orceon 97204 Erik Sten, Commissioner ® Michael F.Rosenberger, Administrator f a. 1998-99 Demand and Consumption Information Portlan.d Water Bureau HEADWORKS DATA 1998-99 1997-98 Winter Headworks Flow 98 MGD 100 MGD (Nov thru March) Summer Headworks Flow ( l49 MGD 144 MGD June thru Sept) Peak Day Headworks Flow 204 MG 206 MG Total population listed here ties to.data published Date of peak flow 7/29/98 8/11!9.7 in 1,h _C Services, Efforts.and Accomplish- SYSTEMWIDE DATA (data ents (SEA)report. These population estimates are Total annual syste<i�consumption (a) 39.3 BG 39.5 BGsed on PSU Population Research Census Center last updated from the 1990 census. This is the Total people served (b) 792,000 794,000 ty of Portland's current population standard. Per capita annual consumption- 49,600 G 49,800 e Bureau's Economic Unit estimates the Bureau Per capita daily consumption 136 G 136 G rved 840,000 people in 1998-99 based on Metro's TOTAL RETAIL CUSTOMERS pulation forecast. Total annual consumption(a) 22.4 BG 23.3 BG #of services(a) 158,900 157,800 Sources and notes: Average daily consumption per service 387 G 4056 (a) Data based on billing system reports on July 1. Retail Population (b) 451,000 461,000 SMALL.METER (5/8" &3/4") (b)All Powell Valley Road Water District(PVRWD)� and some Rockwood Water PUD customers live RESIDENTIAL CUSTOMERS-RETAIL inside the City of Portland. To figure in-city Total annual consumption,(a) 9.0 BG 8.9 BG population that the.Portland Water Bureau serves, #of services(a) 131,200 130,400 for 98-99 we deducted the Metro population forecasts for these two utilities'service areas from Average daily consumption per service 188 G 187 G the PSU Population and Research Census Center Per capita daily consumption (c) 72G 72G estimates of the total of number of people living in LARGE METER RESIDENTIAL CUSTOMERS - RETAIL the City of Portland. For 97-98, Rockwood and PVRWD's service populations were based on a Total annual consumption(a) 3.3 BG 3.2 BG CH2MHill 1991 Demand Study. Using two different #of services(a) 9,600 9,500 standards created an artificial population decline. TOTAL COMMERCIAL AND INDUSTRIAL CUSTOMERS— From now on:the Bureau.will use Metro figures for RETAIL determining wholesale population estimates. Total annual consumption(a) 10.1 BG 11.1 BG (c) Customer Profile Benchmark data in 1996 and #of services(a) 18,1.00 18,000 1997 identified 2.6 people per in-City household. Average daily consumption per service ' (Adjusted to excludeservices with 2,040 G 2,270 G (d) Wholesale population is adjusted to reflect the minimal'usage) percent of total water purchased by wholesale TOTAL WHOLESALE CUSTOMERS customers from Cityof`Portland versus alternative sources. Total annual consumption(b) 16.9,130 16.2 BG Wholesale consumption o% 41.0%o Numbers have been rounded. (as a,%of 430 total consumption) . BG Billion Gallons Population served (d) 341;000 333,000 MG Million Gallons Average daily per capita consumption 136 G 133 G G Gallons • MGD Million gallons a day PE . holesale Customer Consumption Statistics sof June 30, 1999 h , ervice populati S of Consumption U r Ac'ttve t; Regular Conditional' -Cont`ract� s to 100 cubic Revenueu N6e v ces'rq Wholesale ; :, Wholesale=' Expires Distributor deet Service Area 1 - Connections to supply conduits GNR Corporation 2,766 $1,815. .24. _ 8 • 21001 Green Valley Water Company 258 291 3 9 2001 Gresham, City of 3,181,804 11513,181 13,861 54,439" =2005 Hideaway Hills Water Company 3,228 2,244 14 5 2001 Lorna Water District 9,178 .5,2.25 -87 2:62 2001' Lusted Water`District 80,127 45,786 391 494 .2004• Pleasant Home Water District" 97,745- 52,2<31. 496' 965 2004 Powell Valley Road Water Dstrict(c)(d) 1;49152-3'6 664,788 10;032. 2,7_.1230 10;532 2005 Rockwood Water District(c) 3,464,903 2,3 1-5,1,8& '12,354 52,5'83 i 2065 Skyview Acres Water Company 11,455 6,000 65 39 2001 , Westside;Water Com any _ 1,925 . 1,133' 4 None- Subtotal Area 1 8,344_,625 4,607,882 37,331 Service,Area 2 - ' (Palatine tions to gravity transmission ton Water District•(c) 30,322 18,038 1'08 70 2004 Hill Water District(c) 178,590 :139,157 570 1,551 None kie,Cit :of(e) 0 2,08`1 � 2005 al Area 2 208;912 159,2,76 678. Service Area 3 - Connections.to pumped transmission Lake GroveWaier'District(d) 131,735 87,23-8 1,143 1-,619 1,871 2006 Tualatin Valley Water District '29,867 (f) (f) .2005 Beaverton, City of-(e) 2,662 4,557 (e) 2004 Tigard,City of(d) 2,055;693 1„343,548 14,725- 30,798 14,493 2007 Valley View Water District(c) 07,245 54,45 362 917 2005. West Slope Water District(6 615651 . 484,962 3,219 11,029 2005 Subtotal Area 3 2,902,853 1,975,150 19,449 Service Area 5- Connections to Washington County gravity supply Raleigh Water_District(c) 306,881 174,275 9.85 4,229 2004 Tualatin,City of 1,761,830 994,743 51324 22•,049 20,05 Tualatin Valley Water District(c)(d) 9,503,558 5,371,828 46,662 132,157 17,409 •2004 Subtotal Area 5 11,5725269 6,540,846 52,971 TOTAL 23,028,659 $135283,154 110,429 341,353 44,305 Notes (a) Active services are as reported by distributor at June 30, 1999. (b) Population estimates from the Water Bureau's Economics Unit are based on Metro's population forecasts. The Portland Water Bureau serves the population listed under"conditional wholesale"under certain circumstances as detennined by contract. (c) Consumption and revenue figures are adjusted for water sales to City customers. Ofd) These water districts have water sources in addition to the City of Portland. ) 'Water used on a standby basis. ) Revenue and active service data for Tualatin Valley Water.District is reported in Service Area 5. echeorinating Water LY • - •. • • ?t' o • • �� �`��.' gat • , - Usually the Water Bureau puts chlorine into water. However, in this instance, chlorine is being taken out. DEQ requires that chlorinated water generated from flushing and other utility operations be de-chlorinated prior to discharge to waters of the state. Steve,Schenk and Jim Wanner are setting up chemicals hemic l sw feed d rates as part of a field test to determinechemicals are best suited for dechlorinating water before it is discharged to Charitable Contributions sewers, ponds, and rivers. The tests investigated how various de-chlorinating chemicals would affect Turn in charitable contribution pledge forms by key environmental water quality parameters such as November 3 to your charitable contributions section dissolved oxygen and pH. The Water Bureau is a representative,(MaryYan fof.Administration,Finance participating utility in a national study of de- &Support.Services,and.Information Technologies; chlorination practices conducted as a grant-project from the American Water Works Association Brad Blake,for Customer Service; Jack Super for Research'Foundation. Staff from the Bureau's Water Maintenance Meter Readers anflns)ectors Mary Resources and Operating Engineers groups, Water Lewis for.Maintenance and,Engineering Construction; Quality Lab, Carpentry Shop and BES assisted in Sherry Neal for-Engincering,Services,and Victoria the testing. Mercer for Water Resource Management).If you did not:receive,a form,contact Mary Yan at 823-7551•. Cite of.Portland �® Have an idea for Dispatch f e� iWr'eau of \Vater Works 111-0 SW I tfth. Romni 600 Cal 1 813-7510. 1, z' Pinalamd 01'C201197204 Please r Erik Sten. Gmuntsstcmer recYcle! Water Bureau Web Site 2��9 i\-Iichacl.F. Rosenbetaet.Administrator http;//r \c,�atcr.ci.po t,lanKi.e .uS November 3, 1999 CI OF T'G OREGON Mr. Jack Polans 16000 SW Queen Victoria King City, OR 97224 Subject: Response to City Inquiry Dear Mr.. Polans: At the City Council Meeting on October 12, 1999; you asked about a statement made to the IWB regarding,our drinking water. stated that all drinking water under Tigard's contracted jurisdiction is combined or,mixed with the water.,being delivered, i.e., Portland and Lake Oswego water, along with our wells for water flowing to residential homes, commercial and industrial customers, If you.,-are asking if,we will be adding Willamette River water to our system, at this point in time'the voters,of Tigard have said that we cannot bring Willamette River waterinto.our drinking water systemwithout a vote of the citizens of Tigard. Therefore, without a vote of the people for approval'of our use of Willamette River,.the question.is not.relevant at,this time. hope this answers your question. Sincerely, Ed Wegner Director— Public Works EW:tw Cc: Bill Monahan 13125 SW Hall Blvd., Tigard, OR 97223 (503)639,4171.'.TDD;(503)°6842772 MEMORANDUM ..tP TO: Ed Wegner FROM: Mike Miller RE: Routine Sample at 16098 SW 130th Terrace. DATE: November 1 , 1999 Last week the lab notified us that the monthly routine sample taken, at 16098 SW 130th Terrace tested positive for coliform bacteria. Although a positive sample can indicate a serious problem the water system and.potential health risk to the community, they can also be an 'indicator of poor. sampling: technique, improper sanitation procedures, improper handling of the sample by staff or contamination from outside factors. We promptly notified the, State Health Di vision .upon notification from AM Test Lab. In the rules governing public drinking water systems, we are required. to notify the State Health Division within 24-hours after being notified that the routine sample. tested positive.. Once we notified the State, we conducted "repeat" samples at the location that . • the sample tested positive.. In addition to,retesting the site, we also .tested the water at two other locations that were immediately upstream and downstream of the routine sample location. The good news is that all of the repeat samples, including upstream and downstream locations, tested negative for coliform bacteria. Due to the size of our water system,.we can have up to three ;positive samples in-one month before-we have to conduct public notifications and have a boil water order... This single incident was not a maximum contaminant violation and will not show up on the State's report to the EPA. As to the cause of the positive sample, I'm confident that it was something other than contamination of the Water System. After,reviewing Kim's sampling technique, Richard Sattler and myself have come to the conclusion that the positive sample was a :result of dirt, debris or even a drop of waterioff of vegetation splashing into the sample bottle. It does not take much to cause a sample to test positive for coliform bacteria. The sample station at 16098 SW 130th Terrace.is low and in a difficult location to get to because of landscaping. This sampling station was also installed prior to our current standards of placing it'on a concrete base. I have talked with Kim, and she will take additional precautions with this sample site. This site will remain a sample site location until we can locate and install another water sample station in the same area.