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10/08/2008 - Minutes Intergovernmental Water Board (IWB) Meeting Minutes October 8, 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 Bill Scheiderich Member At-large Dick Winn Representing the City of King City Members Absent: None Staff Present: Assistant Public Works Director Brian Rager Utility Division Manager John Goodrich Tigard City Engineer Gus Duenas Attorney Michelle Neumann IWB Recorder Greer Gaston (Vote:Agenda items are recorded in the minutes in the order they were considered. 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:30 p.m. 2. Approval of Minutes—September 10, 2008 Commissioner Buehner motioned to approve the September 10, 2008 minutes; Commissioner Russell seconded the motion. The minutes were approved by majority vote, with Commissioners Buehner, Carroll, Russell and Winn voting yes. Commissioner Sheiderich abstained. 5. Review of Street Dedications, Easement and Remnant Property Sale Related to the Burnham Street Improvements — Mr. Duenas and Ms. Neumann Ms. Neumann distributed a memo dated October 8, 2008 regarding Procedures for Transfer of Water Building Remnant Parcel from the IWB Members as Tenants-in- Common to the City of Tigard. This memo is on file in the IWB record. Ms. Neumann summarized the memo. Mr. Rager distributed a dedication deed for road or street purposes and a permanent public utility easement. These documents are on file in the 1WB record. Intergovernmental Water Board Minutes October 8,2008 1 Mr. Duenas explained the Burnham Street improvement project and how the remnant parcel would be reconfigured to create driveway access for two properties. To simplify the process, Commissioner Carroll proposed selling the entire remnant to the City of Tigard and letting Tigard handle the street dedication and Other issues associated with the parcel. Commissioner Winn concurred. Board consensus was a new appraisal, to incorporate the street dedication, was not necessary because the IWB had already agreed to donate this portion of the parcel to Tigard. Mr. Duenas confirmed documents would be changed to have the remnant transferred to Tigard in its entirety. The Board briefly discussed the separate street dedication and easement on the opposite side of Burnham Street as depicted in the documents provided by Mr. Rager. At the request of Commissioner Buehner, Ms. Neumann said she could prepare a deed for the remnant parcel which would be sent to each member jurisdiction prior to the next IWB meeting. Ms. Gaston confirmed the next step in disposing of the remnant parcel would involve a resolution for consideration by each member jurisdiction and then a resolution for the IWB. Timelines for member jurisdiction consideration were discussed. Commissioner Carroll confirmed there would be three transactions: a dedication deed, an easement, and a sale document. Ms. Neumann committed to: ■ Work with the various member jurisdictions to identify and coordinate their individual processes to surplus property. ■ Have revised dedication and easement documents for consideration at the IWB's next meeting. Three of the five Commissioners must approve these documents. ■ Provide an IWB resolution to consider the conveyance of the remnant parcel at the IWB's next meeting. Three of four member jurisdictions must approve the resolution. Prepare resolutions for the member jurisdictions to surplus the property. ■ Provide a deed transferring the tenants-in-common interest to the City of Tigard, after Tigard completes its portion of the disposition process. In response to a request, Ms. Gaston said she would furnish the complete appraisal of the remnant parcel to Commissioner Russell. Commissioner Buehner suggested staff investigate whether there were any other similar properties to be surplused, and if so, perhaps those should be "cleaned up" as well. 3. Public Comments Marland Henderson, 11795 SW Katherine Street, Tigard, Oregon, reported the City of Tigard had applied for a grant to study the use of reclaimed water. Chances are favorable the grant will be funded. The legislature appropriated $5 million to investigate the use of reclaimed water under the authority of the Oregon Water Resource Board. Tigard consulted Clean Water Services regarding the grant application. Intergovernmental water Board Minutes October 8,2008 2 4. Water Supply Update Mr. Goodrich reported: ■ September water consumption averaged 8.06 million gallons per day; this is slightly higher than the 10-year average. ■ Tigard is using interruptible water as of October 1. ■ 262 million gallons remain in aquifer storage and recovery. ■ The new reservoir will likely be online in the next few weeks. ■ Tigard supplied 120 million gallons of native ground water this year, which represents $376,000 in revenue. ■ Aquifer storage and recovery injection will begin in the next month or so. 9. 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. Mr. Goodrich advised an internal review was underway regarding the credit-for-leak, water meter, and non-payment of water bill policies. The intent of the credit-for-leak policy is to make sure Tigard's wholesale costs are recovered. He asked for clarification regarding the appeal process. The Board indicated: • It wanted to increase the dollar amount of credits handled by staff. It was suggested to increase this number from $500 to $2000. • It wanted to retain an appeal process with the IWB as the final appeal authority. Commissioner Winn inquired whether the IWB's past practice of issuing the prescribed credit and then splitting the difference of the remaining balance with the customer would be included in the policy. Board consensus was no additional credits would be issued outside those specified in the policy and Tigard must always recoup the wholesale cost of water. 7. Non-Agenda Items: Commissioner Russell inquired how a water conservation brochure was distributed. Mr. Goodrich responded the brochures were not mailed. He said information on water conservation offerings was provided to: ■ Customers in their water bills. ■ Every Tigard Water Service Area residence in the annual Water Quality Report. He reported everyone in the Tigard Water Service Area receives the same information. Intergovernmental Water Board Minutes October 8,2008 3 6. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements (IGAs) between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard - Continued - Commissioner Carroll Commissioner Buehner explained the City of Tigard's discussion of this item was delayed due to scheduling conflicts. She said Tigard's comments on the ICAs would be ready for the next IWB meeting. 8. Informational Items: None 10. Next Meeting: November 12, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 11. Adjournment At 6:32 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner Russell seconded the motion. The meeting was adjourned by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. IWB Chair Greer A. Gaston, IWB Recorder Date: Ale yw In�- 1- Intergovernmental Water Board Minutes October 8,2008 4