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Home My WebLink AboutResolution 03-44 09/15/2003 . . . RESOLUTION NO. 03-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD REPEALING RESOLUTION NO. 03-41 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ON JULY 28, 2003. WHEREAS, by its Resolution 03-09, adopted September 11, 2003, a copy whereof is attached hereto and by this reference incorporated herein, the Metropolitan Wastewater Management Commission (MWMC) has recommended to the Common Council of the City of Springfield that Resolution No. 03-41, adopted on July 28, 2003, be repealed; and, WHEREAS, a "Settlement Agreement" has been entered into between the Home Builders Association of Lane County and MWMC which, in lieu of Resolution No. 03-41, recommends adoption of an Updated Regional Wastewater SDC Reference Data Sheet (Fee Schedule) by the cities of Eugene and Springfield; and, WHEREAS, the Home Builders Association of Lane County will dismiss its appeal to the Land Use Board of Appeals challenging City of Springfield Resolution No. 03-41. NOW THEREFORE, be it resolved by the Common Council of the City of Springfield as follows: 1. Resolution No. 03-41 is hereby repealed. 2. This Resolution shall take effect upon adoption by the Council. This Resolution adopted by the Common 15!z.h day of September , 2003 by Council of the City of Springfield this a V;J9~inst ATTEST: City ~:t J1Jw~ R EVI EWED ~ ~P'PROVE!Q) AS. TO FO. AM l _~_(.b ~,~ ~ ~ \~ DATE: c:t be X ~co"') OFFICE OF CITY ATTORNEY METROPOLITAN WASTEWATER MANAGEMENT COMMISSION . RESOLUTION 03-09 ) IN THE MATTER OF THE RESOLUTION OF THE ) DISPUTE REACHED WITH THE HOME BUILDERS ) ASSOCIATION OF LANE COUNTY REGARDING THE ) REGIONAL WASTEWATER SYSTEM DEVELOPMENT ) CHARGE WHEREAS, the Home Builders Association of Lane County (HBA) has stated that it intends to file a lawsuit under the Writ of Review procedures provided by ORS 223.304(6) and has filed a Notice of Intent to Appeal to the Land Use Board of Appeals challenging the City of Springfield's adoption of Resolution 03-41, which approved the fiscal year 2003-2004 regional wastewater System Development Charge (SDC) reference data sheet prepared by MWMC staff. WHEREAS, on August 29, 2003, a meeting was held between the HBA Executive Board and representatives of MWMC and the cities of Eugene and Springfield to attempt to resolve the dispute regarding the Regional Wastewater System Development Charge Methodology (Methodology). WHEREAS, as a result of this meeting, a tentative resolution was reached. WHEREAS, a copy of the proposed agreement resolving the dispute is attached as Exhibit A (Agreement). . WHEREAS, the Agreement includes an updated regional wastewater SDC reference data sheet (Fee Schedule) that is to be applied prior to the completion of a process for the review of the Methodology. WHEREAS, the Agreement provides that MWMC will recommend that the cities of Eugene and Springfield adopt the Fee Schedule effective October 1, 2003. NOW THEREFORE BE IT RESOLVED BY THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION THAT: . 1. MWMC approves the Agreement and authorizes, Dan E. Brown, as the duly authorized Executive Officer of MWMC, to execute the Agreement on behalf of MWMC. 2. MWMC hereby recommends that the Eugene and Springfield City Councils adopt the Fee Schedule effective October 1,2003. ADOPTED BY THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION OF THE SPRINGFIELD/EUGENE METROPOLITAN AREA on the 11th day of September. 2003. PRES~ . ATTEST: t /0~ c:12 ~. Resolution 03- Approved as to fO~ . (doc.?1313) . SETTLEMENT AGREEMENT PARTIES: Home Builders Association of Lane County, an Oregon nonprofit mutual benefit corporation, 2053 Laura Street Springfield, OR 97477 (HBA) And Metropolitan Wastewater Management Commission, an Oregon intergovernmental agency, 225 5th Street . Springfield, OR 97477 (MWMC) RECITALS: . A. MWMC was created in 1977 by an intergovernmental agreement (IGA) between the cities of Eugene and Springfield and Lane County (collectively the Governing Bodies). Pursliant to the IGA, MWMC is responsible for the design, construction, operation and maintenance of regional sewerage facilities for the Eugene/Springfield metropolitan area (Regional Facilities). Other MWMC functions include the adoption of a schedule of user charges and connection fees for regional sewer services. Connection fees (also known as System Development Charges or SDCs) are to be charged to all new sewer connections and are calculated annually. MWMC calculates and recommends the amount of the user charges and connection fees for the Regional Facilities to the Governing Bodies which adopt, impose, and collect them in their respective jurisdictions. B. During 1996 & 1997, MWMC developed a methodology pursuant to which regional wastewater SDCs were to be calculated. The Cities of Eugene and Springfield adopted the Methodology in 1997 (1997 Methodology). C. Almost 6 years later, MWMC recommended that the Cities modify the . 1997 Methodology to specify the use of a 10- year capital improvement plan (Modified Methodology). The proposed modification went before the Eugene City Council in January 2003. HBA objected to the proposed modification and later threatened to file suit under the Writ of Review process, pursuant to ORS 223.304(6). D. Due to the concerns raised by HBA, MWMC staffwas asked to review the Modified Methodology. After conducting the review, staffrecommended that the 1997 Methodology remain in place until a comprehensive review process could be completed. . E. On June 19, 2003, MWMC directed staffto undertake a comprehensive review (Review Process) of the 1997 Methodology. The Review Process will utilize the Settlement Agreement - Page 1 of 4 (doc.71213) expertise of a SDC consultant and form a citizens advisory committee (CAC) to recommend whether changes should be made to the 1997 Methodology. MWMC also recommended the continued use of the 1997 Methodology and imp9sition of SDC fees based thereon during the Review Process. . F. On July 28,2003, the Springfield City Council accepted MWMC's recommendation and adopted, by Resolution No. 03-41, a regional wastewater SDC reference data sheet from which the regional SDC fees are derived based on the 1997 Methodology including the required factors such as the use of the 5-year CIP updated to the fiscal year begjnnlng July 1, 2003. . G. HBA filed a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA) challenging Resolution No. 03-41. HBA also continued to express intent to reinstitute litigation against the City of Springfield, pursuant to ORS 223.304(6). H. It is the intent of the parties that this Agreement resolve the LUBA appeal and the need for other litigation, pending the completion of the Review Process. 'I. To facilitate the settlement of the dispute, MWMC staff prepared an updated Regional :Facilities wastewater SDC reference data sheet using the factors . required by the 1997 Methodology updated to the fiscal year beginning July 1, 2002 (Fee Schedule).' A copy of the Fee Schedule is attached as Exhibit A. . J. The Cities of Eugene and Springfield are intended third party beneficiaries, of this Agreement. AGREEMENT: 1. as follows: In consideration of the mutual promises contained herein, MWMC agrees 1.1 MWMC will recommend that the Eugene and Springfield City Councils adopt the Fee Schedule effective October 1, 2003. 1.2. MWMC will not recommend a revision to the Fee Schedule before completion of the Review Process referred to in Section 1.3. 1.3. MWMC will contract with an SDC consultant and form a CAC to review the 1997 Methodology and make recommendations to MWMC. The Review Process shall be conducted under the sole direction ofMWMC including, but not limited to, the selection'ofthe consultant, the scope of the consultant's work, selection of the members of the CAC, determination as to when the review process is complete and the determination as to whether any modifications should be made to the 1997 Methodology. As part of the Review Process, MWMC will invite HBA to select a person to represent HBA on the CAC. . Settlement Agreement - Page 2 of 4 (doc.71213) . 1.4 MWMC will endeavor to complete the Review Process so Eugene and Springfield have adequate time to adopt any recommended modifications to the 1997 Methodology and implement a new regional SDC fee schedule effective July 1, 2004. 2. follows: In consideration of the mutual promises contained herein, HBA agrees as 2.1. ..-HB'A will inup.ediately dismiss. its appeal to LUBA challenging City of Springfield Resolution No. 03-41. 2.2. HBA will neither file any action or proceeding against MWMC, the City of Eugene or the City of Springfield regarding the Regional Wastewater SDC nor contest the adoption, imposition or collection of the Regional Wastewater SDC during the Review Process. 2.3. HBA will use its best efforts to dissuade its members from pursuing any ofthe acts HBA has agreed not to take pursuant to Section 2.2. . 3. The Fee Schedule will be implemented without any expectation by either party that there will be any refund or extra charges for projects for which building permits were issued during the Review Process as a result of the Review Process or otherwise. 4. The effectiveness of this Agreement is contingent on the adoption of the Fee Schedule by the City Springfield on or before September 17, 2003 and by the City of Eugene on or before October 1, 2003. 5. By entering into this Agreement, HBA is not admitting that the Fee Schedule is appropriate or that the 1997 Methodology in compliance with Oregon law. 6. By entering into this Agreement, MWMC is not admitting that the Fee Schedule is inappropriate or that the Methodology is flawed in any way_ 7. IfHBA files any action or proceeding in breach of this Agreement, in addition to any other reliefto which MWMC may be entitled, MWMC may have the court or other tribunal before which the action or proceeding is pending dismiss the action or proceeding based on the commitments made in this Agreement. 8. If an action is filed to enforce this Agreement, the prevailing party will be entitled to recover its attorney fees incurred therein at trial and on appeal. . 9. The individuals signing below represent that they have the authority to sign on behalf of their respective organizations. III III III Settlement Agreement - Page 3 of 4 (doc.71213) 10. The Recitals are incorporated into and made a part of this Agreement. HOME BUILDERS ASSOCIATION OF LANE COUNTY By: ~h~. E':ltt:: Ed Mc ahon, Executive'Vice President Dated: September -ll-, 2003 Settlement Agreement - Page 4 of 4 METROPOLIT AN WASTEWATER MANAGEMENT COMMISSION By: .~ M.i... ~~ Dan Brown, Executive Officer Dated: September~, 2003 Approved as to Form: ~ (doc.71213) . . . EXMIBIT A of Settlement Agreement METROPOLITAN WASTEWATER MANAGEMENT COMMISSION REGIONAL SEWERAGE SYSTEM DEVELOPMENT CHARGE UNIT COSTS AND REFERENCE DATA . Flow n AvulBga Flow Peak Flow RelmbUl9D- IIIIJIIIIV8- Tofal Cost TlBlllc BPRlHUD EstImallo Strenglh mBllI Casl menl Cost Coda Coda Tvaa of Es1abllshment UnlllFEUl (gallunIIldIlY) (gallunIIldIlY) oor FEU oor FEU por FBJ 210 1111-1129 8FQ/DUPlEX DU 175 450 Law 314.83 214.23 . 528.88 200 1111.1139 OTHER RESIDENTIAL SFD WIOTHER U8ES) DU 175 450 Low 314.83 214.23 528.88 200 1130..1139 OTHER RESIDENTIAL - MUTI FAMILY DU 150 390 Low 268.88 lB3.B2 , 453.31 1001250 1210..1290 ELDERLY I GROUP HOU81NGJRETlREMENT HOM TOOF 100 280 Low 179.79 122.42 302.21 200 1300 OTHER RESIDENTIAL - RESIDENTIAL HOTEUMO TGSF 200 510 Low 359.58 244.83 BD4A1 200 1400 OTHER RESIDENTIAL - MOBILE HOME PARK DU 160 390 Law 289.88 183.82 463.31 300 1510..1590 MOTel I HOlEL TGSF 2CIO 510 Mad/urn 493.28 249.83 742.89 120 500 2111.'2190 HEAVY INDUS1RY/INDUSTRIAL .. TGSF 50 130 Low 89.89 81.21 161.10 2220.,2385, 1201600 261~90 HEAVY INDUS1RYnNDUSTRIAL .. TGSF 60 130 Low 89.89 81.21 151.10 2400,2421- 120/600 2499 HEAVY INDUS1RYnNDUSTRIAL .. TGSF 50 130 Low 89.B9 81.21 . 161.10 1201600 281lJ.3999 HEAVY lNDUSTRYIINDUSTRIAL" TGSF 50 130 . Low 89.89 81.21 151.10 3D 4111-4990 TRUCK TERMINAL TGSF 100 280 Low, 179.79 122.42 302.21 170 4111-4990 UTILrTlES TGSF 100 2B0 Low 179.79 122A2 302.21 700 5Bl0 FAST FOOD RESTAURANT TGSF 720 1860 Hloh 2417AO 921.71 . 831 6810 QUAlllY RESTAURANT TGSF 720 1850 Hlllh 2417AO 921.71 3 11 B32 5810 HIGH TURNDVER RESTAURANT TGSF 720 1850 Hloh 2417 AD 921.71 3.339.11 836 5820 DRINKING PLACE TGSF 340 870 Low 811.28 418.21 1 027.50 120/500 5111.0199 HEAVY INDUSTRYIINDUSTRIAL" TGSF 50 130 Law 89.89 61.21 151.10 500 INDUSTRIAL PROCESS LOW STRENGTH TGAlEF 1D00 2670 Low 1797.89 1224.18 3 022.05 600 INDUSTRIAL PROCESS MEDIUM STRENGlH TGAlEF 1000 2670 MedIum 2488.29 1248.16 3714A5 500 INDUSTRIAL PROCESS HIGH STRENGTH TGAlEF 1000 2670 Hlllh 3357.50 1280.18 4637.88 500 INDUSTRIAL PROCESS VERY HIGH STRENGlH TGALEF 1000 2670 Vew Hluh 4248.70 1312.16 a aBO.BB 500 INDUB:rRIAL PROCESS SUPER HIGH STRENGTH TGAlEF 1D00 2570 SUller Hlllh 5139.90 1344.18 8 484.08 851 541 D.o499 CONVENIENCE MARKET TGSF 160 460 Low 323.52 220.35 543.97 600 54111-5499 SERVICE STATION / MARKET TGSF 180 480 Low 323.82 220.35 543.97 650 5410-5499 SUPERMARKET TGSF 160 ,460 MedIum 443.93 224.87 886.80 841 5511.0599 NEW CAR SAlES TGSF 50 130 low 89.69 81.21 151.10 646 5511.os99 TIRE STORE TGSF 50 130 Law 89.89 81.21 151.10 800 591o-G999 RETAIL TGSF 50 130 'Low 89.89 61.21 161.10 5211-5392, 854 58111-6733 DISCOUNT MARKET TGSF 30 BO Law 63.94 38.72 BO.66 5211-5392, 890 661 0.,.fi733 FURNITURE sroR6 TGSF 30 80 Law 63.94 38.72 90.88 900 8111-6133 FINANCIAL INSTmITION TGSF 110 280 Law 197.n 134.68 332 43 8212-82110 OTHER SERVICES TGSF 100 280 Law 179.79 . 122A2 302.21 151 8371-6379 MINI WAREHOUSE TGSF 30 80 Law 63.94 38.72 80.88 8411,8419- 840 8498 AUTO CARE TGSF 40 100 Law 71.92 48.97 120.68 847 8412 CAR WASH TGSF 500 1290 Law 888.95 612.08 1511.03 830 8511-6518 CLINIC TGSF 1liO 390 Law 268.68 183.112 463.31 810 8511~8519 HOSPITAl TGSF 150 380 Law 289.B8 183.112 453.31 820 8511-6519 NURSING HOME TGSF 150 390 Law 289.88 183.82 453.31 730 8710-6759 GOVERNMENT BUILDING TGSF 100 260 Law 179.79 122.42 302.21 732 8710-8759 US POST OFFICE TGSF 100 280 low 179.79 122.42 302.21 881:1-61139, 540 7111-7123 COMMUNITY COLLEGE TGSF liD 130 low 89.B9 .81.21 151.10 6811-61139, 585 '7111-7123 DAY CARE CENTER TGSF 50 130 Law 89.89 81.21 151.10 6811-8839, 520 7111-7123 ElEMENTARY SCHOOL TGSF 50 130 Law 89.89 81.21 151.10 8811-6839, 530 7111-7123 HIGH SCHOOL TGSF 50 130 low 89.69 81.21 151.10 6811-6839, . 590 7111-7123 LIBRARY TGSF 50 130 low 89.89 61.21 151.10 8811-6839, 650 7111-7123 UNIVERSITY TGSF 50 130 Low 89.8B 61.21 161.10 580 8911-6899 CHURCH TGSF 50 130 low 89.B9 61.21 161.10 591 8911-6999 FRATERNAL ORGANIZATION TGSF 50 130 Law 89.89 81.21 161.10 8141-6190, 8500, II52D- 710..713 8599 6810 GENERAL OFFICE OLDG TGSF 100 280 low 179.79 122.42 3112:.!1 494 7212-7800 BOWLING ALLEY TGSF 180 410 low 287.68 195.87 483.53 493 7212-7900 HEAllH CLUB TGSF 180 410 Low 287.68 196.87 463.53 400 7212-7800 PUBLIC PARK TGSF 160 410 low 287.88 1115.B7 483.53 4B2 7212-7900 RACQI:JET CLUB TGSF 180 410 low 287.88 . 195.87 483.53 495 7212-7SDO RECREATIONAL CENTER TGSF 180 410 LoW 287.88 195.87 4B3.53 491 7212-7800 TENNIS COURT TGSF 180 410 low 287.88 195.87 463.53 443 7212-7900 lHEATER TGSF' 180 410, low 287.68 185.87 483.53 895 7212-7800 VIDEO ARCADE TGSF 180 410 ' law 287.88 195.87 4113.53 ,720 8221 B222 MEDICAL OFFICE. VETRlNARIAN SERVICES TGSF 200 510 low 359.58 244.83 804.41 ABBREVIATIONS TGSF - lHOUSAND GROSS SQUARE FEET TSFGLA - lHOUSAND SQUARE FEET GROSS lEASAIILEAREA DU - DWELLING UNIT TGALEF - lHOUSAND GALLONS ESTIMATED FLOW VFP - VEHICLE FUELING POSmONS I Nilles .. PraCllllslIow 19 In addlUon to ather flow I . . Unit costs and ramlDnce data aID baaed an lI1a FV 02..Q3 CIP "nlf the June:1n :1nn1 mnl""..1 (:o..IIHIDa ~aan' "ft'.._