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05/12/1999 - Packet FILE COPY INTERGOVERNMENTAL WATER BOARD MEETING Serving Tigard, King City, Durham and Unincorporated Area AGENDA Wednesday, May 12, 1999 5:30 p.m. 1. Call to Order 2. Roll Call and Introductions 3. Approval of Minutes April 28, 1999 4. Water Conservation'Presentation- Kim Swan 5.' Director's Report- Ed Wegner 6. Public Comments 7. Non Agenda Items 8. Adjournment Executive Session: The Intergovernmental Water Board may go into Executive Session under the provisions of CRS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 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\iwb\5-12.agn Intergovernmental Water Board Meeting Minutes April 28, 1999 Members Present: Bill Scheiderich, Beverly Froude, Jan Drangsholt, Patrick Carroll, Paul Hunt Staff Present: Bill Monahan, Ed Wegner, Mike Miller, Kathy Kaatz, Jennifer Renninger Visitors Present: Gretchen Buehner, Roel Lundquist, Emily Tsao, Trish Conrad 1. Call To Order The regular meeting of the Intergovernmental Water Board meeting was called to order at 5:35 p.m. 2. Roll Call and Introductions Roll call was taken with all members present. 3. Approval of Minutes-April 28, 1999 Motion was made by Commissioner Hunt to approve the minutes of the February 24, 1999 meeting which was seconded by Commissioner Drangsholt. The motion passed unanimously. 4. Long Term Water Supply-Ed Wegner Mr. Wegner stated that all four entities represented at the IWB have heard the decision to move forward with the Willamette River proposal as a long term water source at their respective Council or Board meetings. The staff recommendation did state that we will continue to work with the City of Portland on an interim basis as well as a long term contract. Mr. Wegner discussed the interest with Portland today in participating on the oversight committee to work on the contract. He also discussed the interest in completing some short term improvements to allow for additional water into Tigard's system during the next couple of years. IWB Meeting Minutes 4-28-99 Page 1 5/10/99 In the staff recommendation to the Tigard City Council,the long term scenario outline included the following: • Purchase of land jointly with Wilsonville, TVWD and City of Tigard which will be discussed with Wilsonville next week and determine if they want it brought before their council prior to their June 7 council meeting. • Develop comprehensive education program-working with Rockey Bowler and staff • Another Public Forum is planned toward the end of May to discuss "Why the Willamette" • Begin the engineering scope of services to begin the North/South transmission line and right of way acquisition. This will include site development work and outlining all the necessary permits necessary for the next few years. The Board members questioned the status of the other interested entities on proceeding with the Willamette river option? Mr. Wegner stated that we have proposed that if Wilsonville would not proceed, Tigard would still have the option to purchase the land. The City of Sherwood has indicated during the preliminary engineering reports that they are not interested in purchasing the land, although they would be interested in purchasing part of the plant. A short discussion was held on the route of the transmission system. Mr. Wegner stated that the initial primary route indicated in the plan(Boones Ferry Road) has been changed due to the amount of development in that area and the congestion. Currently we are looking at taking the route of Grahams Ferry which is a County road with less congestion Commissioner Hunt questioned how much money would be spent establishing the route and transmission with the potential of the initiative passing and no way to recover those funds? Mr. Wegner stated that the initiative is only whether to allow a vote before going to the Willamette. Mr. Wegner continued by stating that we would now begin to pull together the costs but will not take action until after the initiative is decided. Commissioner Scheiderich questioned to what extent are the initial contracts, whether right of way acquisition,plant site acquisition, intake pipe construction, final engineering for the plant, etc. can the costs be paid by revenue, SDC's and at what point will Tigard be recommending a bond? Mr. Wegner stated that the fund set up last year for capital contingency for the long term water source has a balance of 3.5 million dollars. In the past week it was determined that we will be well within those figures if the engineering, raw water monitoring for next year and the purchase of the land are close to the initial estimates. These costs have been [WB Meeting Minutes 4-28-99 Page 2 5/10/99 estimated to be closer to 2 million dollars. When other entities become a partner a portion of the costs for the raw water monitoring and the engineering services will be split between the partners. If everyone would join in, Tigard will only pay 42% of the costs. Commissioner Scheiderich questioned to what extent the direction taken by Tigard and the City of Durham depend on further action by the supply agency(WWSA)? Mr. Wegner stated that the next meeting of the WWSA is the first partof June. At last nights Council meeting, Commissioner Hunt was directed to go to the WWSA and announce that Tigard has a proposal to construct which is the first notification required. This will allow other entities 90 days to decide if they want to be partners. The WWSA managers will be notified at the monthly meeting next Wednesday so they will have a thirty day head start that will be announced at the WWSA meeting. Commissioner Drangsholt questioned what if other cities decide to participate and then Tigard is unable to continue? Mr. Wegner stated that it was his understanding that the IWB could inform Tigard that they are going to participate. Mr. Wegner stated that once again the only thing the ballot measure addresses is the right to vote on the Willamette, it does not determine the source. Bill Monahan stated that we need to identify the use of resources and at the same time keep on track with meeting timelines. He continued by stating that Council may have a measure on the ballot at the same time. Mr. Wegner stated that the pipeline is common to both plans with the alignment being slightly different. 5. Discussion/Recommendation on long term water supply Commissioner Scheiderich questioned whether all of the Board Members were prepared to state their jurisdiction's position as to proceeding to authorize a capital improvement program for long term water supply? Commissioner Hunt read the notification of Council decision: Last night the Tigard City Council took a major implementation step in the process for securing the Willamette River as a water source for the system managed by the City for each member of the IWB. The Council directed the Tigard City Manager to prepare a "Proposal to Construct"a Willamette River water supply system that is based upon the report and recommendation of Murray, Smith and Associates, dated December 1998. The exact size and system configuration of the project will be determined through the process of coordinating with the Willamette Water Supply Agency through the presentation of the "Proposal to Construct"to the agency for it's consideration. Subject to receiving concurrence from the members of this Board, the Council further committed the City to carry out all of the implementation tasks necessary to carry out the Proposal, to include but not limited to property acquisition, 1WB Meeting Minutes 4-28-99 Page 3 5/10/99 contracting for design and construction services,financing, and execution of future governance documents. The City Council took this action in order to fulfill the obligations to the IWB members that is assumed by contract to supply high quality water at low costs to the members. In order for the City to proceed with this project it must have the approval of the governing bodies of at least two of the Board jurisdictions for the capital improvement program that will carry out the Willamette option. I am seeking notification of that approval tonight if the members have received authorization to act. I will also be coming to you in the future for approval to enter long term water supply contracts. Commission Carroll made a motion that the IWB approve the participation of all member entities in a capital improvement program to construct a long term water supply in the form of a treatment and purification plant to be located in or near Wilsonville, Oregon and using the Willamette River as raw water source together with all necessary property acquisition, professional design and construction services, preparation for a plan for financing the improvements and preparation of future govemances and agreements with the understanding that the initial phase of the improvements program are to be paid from revenues of the existing water supply system, managed by the City of Tigard and set aside for the purpose of such capital improvements. With some brief discussion by the Board, it was decided that each member would speak individually and then make one Board recommendation. At this time Commissioner Carroll withdrew the above motion. Commissioner Drangsholt stated"I represent the City of King City and have been authorized by my governing body to approve the capital improvement program for the Willamette option as required by Paragraph 5D of the IWB IGA between King City and the City of Tigard". Commissioner Carroll then stated"I represent the City of Durham and have been authorized by my governing body to approve the capital improvement program for the Willamette option as required by Paragraph 5D of the IWB IGA between Durham and the City of Tigard". Commissioner Froude then stated"I represent the unincorporated area of Tigard Water District and have been authorized by my governing body to approve the capital improvement program for the Willamette option as required by Paragraph 5D of the IWB IGA between the Tigard Water District and the City of Tigard". Commission Scheiderich then questioned after hearing these presentations, was there a motion for recommendation from the Board? At this point Commissioner Carroll asked to resubmit the motion previously read and recorded. This motion was seconded by Commission Drangsholt and was voted upon and passed unanimously. IWB Meeting Minutes 4-28-99 Page 4 5/10/99 6. Public comments There were no public comments. 7. Non agenda items Mr. Wegner stated that Jennifer Renninger has accepted a full time position with an engineering consulting firm and will be leaving the City of Tigard in mid May. Jennifer was very instrumental in working with the IWB and the Task Force in providing resource materials during the past four months. Mr. Wegner stated that we would need to meet May 12 which is back to the regular meeting schedule of the IWB. At this meeting we will need to discuss budget, the Clute property and will have a water conservation presentation. Commissioner Hunt stated the he suggested to the Tigard City Council that we should be considering an increase in water rates as soon as we can work out. He continued by stating that no matter which direction we take for long term water, we will need additional funds. Commission Hunt stated that exceeding the peaking factor last year of over 1 million dollars which is normally the amount of revenue generated to put into the capital improvement fund. We need to look now at building up this fund. This is a function that the IWB will need to take the lead on and make a recommendation to City Council. We will also need to have some public input on this matter. Commissioner Scheiderich asked if Mr. Hunt was recommending a outside rate study to be initiated? Commissioner Hunt continued by discussing the rate study that was completed a few back by CH2M Hill which included a rate model system which allows us to work on rate adjustments. Mr. Wegner stated that we could have CH2M Hill look at updating the model within a thirty day period. Commissioner Hunt requested that the Public Works staff bring back suggestion on how to proceed with rate study. Commissioner Scheiderich stated that this could possibly be done at the June meeting. Mr. Scheiderich continued by stating that this may include how the results of the rate study would be presented to the Durham, King City and the Tigard Water District. Commissioner Hunt discussed the initiative and whether it should be challenged, when it should be challenged and whether this Board should discuss this matter now? Commissioner Scheiderich stated that he did not think that this challenge would be done by the Board but may be done by an individual on the Board or an individual entity that can show the court they have the standing to bring a suit. He continued by stating that in his opinion since this Board is an advisory Board to the City Council it would not be IWB Meeting Minutes 4-28-99 Page 5 5/10/99 capable of bringing a lawsuit in its own name let alone against the City of Tigard. He continued by stating that he would recommend doing nothing until we see the results of the signature validation. It was noted that the required number of signatures was 3,358 and the Citizens for Safe Water had submitted a little over 4,000 signatures for validation. 8. Adjournment Motion was made by Commissioner Drangsholt to adjourn the regular meeting of the IWB at 6:20 p.m. This motion was seconded by Commissioner Carroll. IWB Meeting Minutes 4-28-99 Page 6 5/10/99