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HomeMy WebLinkAboutResolution 03-45 09/15/2003 . . . RESOLUTION NO. 03-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD UPDATING THE FISCAL YEAR 2003-2004 REGIONAL WASTEWATER SYSTEM DEVELOPMENT CHARGE (SDC) REFERENCE DATE SHEET FOR THE EXISTING ADOPTED METROPOLITAN WASTEWATER MANAGEMENT COMMISSION SDC METHODOLOGY ADOPTED BY THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION ON MAY 15, 1997 AND THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ON JUNE 16, 1997. WHEREAS, 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has recommended to the Common Council of the City of Springfield that Resolution No. 03-41 adopted on July 28, 2003 be repealed; and, WHEREAS, Resolution No 03-41 has been repealed; and, WHEREAS, by its Resolution 03-09, adopted September 11, 2003, a copy whereof is attached hereto and by this reference incorporated herein, MWMC has recommended an Updated Regional Wastewater SDC Reference Data Sheet (Fee Schedule) based on the 1997 methodology based on required factors, such as the use of a 5-year CIP updated to the fiscal year beginning July 1, 2002. NOW THEREFORE, be it resolved by the Common Council of the City of Springfield as follows: 1. For fiscal year 2003-2004 the MWMC SDC rate shall be asset forth in the Fee Schedule attached as Exhibit A, and such rates shall take effect on October 1, 2003. 2. The City Manager is instructed to take appropriate action to implement these SDC rates. 3. This Resolution will take effect on September 17, 2003. 4. In the event that any project set forth on the MWMC 5-year CIP approved on June 16, 2003 is finally determined to be ineligible for inclusion in the MWMC SDC rates for any reason, such determination of ineligibility shall not render the MWMC SDC rates invalid but instead the MWMC SDC rates shall be derived by adjusting the unit costs set forth in the reference data table so as to reflect the impact of the deletion of the specific ineligible project or projects. This Resolution adopted by the Common Council of the City of Springfield this 15th day of Septembe 2003 by a ~ e 3( , o against. for and Attest: Cit~~ REVIEWED ~ M~~OVEg AS\j@ ~Q~M \ \ ...:..J c)'> ~ <'\.-' ~ L~~ DATE:-9J~\.2.6~3. 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 Springfi.eldto 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 NT ATTEST: I ./ .f .~"I-'7L-'~ ./ d2~. Approved as to for~ (doc.?!3!3) Resolution 03- . .. . 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). Pursuant 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 lO-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, staff recommended 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 beginning July 1, 2003. G. HBA filed a Notice of Intent to Appeaf 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 con,tained 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 AQI'eement - Parre 2 of 4 (.In.. 71"1~' . 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 I, 2004. 2. follows: In consideration of the mutual promises contained herein, HBA agrees as 2.1. .,.HB'A will irmp.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 ofthe 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 in:dividuals signing below represent that they have the authority to sign on behalf of their respective organizations. . III III III Sf"ttlf"Tl1f"nt A OT'PPT'l"lpnt _ p.,np 1 nf Ll. 1.J......"'71",'1' 10. The Recitals are incorporated into and made a part of this Agreement. HOME BUILDERS ASSOCIATION OF LANE COUNTY By: ~b~ flrP Ed Mc ahon, Executive/Vice President Dated: September -D-, 2003 I . Settlement Agreement - Page 4 of 4 METROPOLIT AN WASTEWATER MANAGEMENT COMMISSION By: ~~ ~~ Dan Brown, Executive Officer Dated: September _, 2003 Approved as to Form: ..Jp.- (<I"" 71?11) . . . EXHIBIT A of Settlement Agreement . METROPOLITAN WASTEWATER MANAGEMENT COMMISSION REGIONAL SEWERAGE SYSTEM DEVELOPMENT CHARGE UNIT COSTS AND REFERENCE DATA . Flow " AvuIBgo Flaw Peak Row Relmbu",... IIl1pRIV&o Tol81 Cost TruIlIc BPRlHUD Esllmatlo Strength men! Cos! men! Cost Coda Coda Tlma of Establishment UnltlFEu (gallunIWay) (gal/unll/day) nar FEU Dar FEU par FEU 210 1111-1129 BFD I DUPLEX DU 175 450 low 314.83 214.23 . 52B.B8 200 1111.1139 ornER RESIDENTIAL ISFD WIOTHER USESl DU 175 450 Low 314.83 214.23 52B.8B 200 1130-1139 ornER RESIDENT1AL - MUTI FAMILY DU 150 390 Low 2ea.B8 183.62 , 45::1.31 1001250 1210-1290 ELDERt Y I GROUP HOUBINGlRETlREMEm HOM TGSF 100 280 Low 179.79 122.42 302.21 200 1300 ornER RESIDENTIAL - REBIDENTIAL HOTELJM TGSF 200 510 Low 359.5B 244.83 804.41 200 1400 ornER RESIDENT1AL - MOBILE HOME PARK DU 160 390 Low 289.88 ) 183.62 4li3.31 300 1510-1590 MOTEL / HOTEL TGSF 200 510 Madlum 493.28 249.83 742.89 120 500 2111..2190 HFAW INDUSTRYIINDUSlRIAl" TGSF 50 130 Low 89.89 8121 161.10 2220-2395, 12D160o 261 tJ.279o HEAW INDUSTRYIINDUSTRJAL .. lGSF 60 130 Low B9.89 6121 151.10 '2400,2421- 120/600 2499 HEAWINDUSTRYnNDUSTR~" lGSF 50 130 Low 89.89 B1.21 161.10 120/600 2810-3999 HEAW INDUSTRYIINDUSTRIAL .. TGSF 50 130 . low 89.89 81.21 151.10 30 4111-4990 TRUCK TERMINAL TGSF 100 280 Low, 179.79 122.42 302.21 170 4111-4990 lITlLITIEB TGBF 100 280 Low 179.79 122.42 302.21 700 5810 FAST FOOD RESTAURANT TGSF 720 1860 Hlnh 2417.40 921.71 3..:~.'19.11 831 5810 QUALITY RESTAURANT TGBF 720 1850 HIDh 2417.40 921.71 3..3."11I.11 832 5810 HIGH TURNOVER RESTAURANT lGSF no 1850 HIDh 2417.40 921.71 3..3311.11 836 5620 DRINKING PLACE TGBF 340 870 Low 811.28 418.21 1 027.50 120/500 5111~199 HEAVY INDUSTRYIINDUSTRIAL" TG8F 50 130 Low 89.89 61.21 151.10 500 INDUSTRIAL PROCESS LOW STRENGTH roAlEF 1000 2570 Low 1797.89 1224.18 3022.05 500 INDUSTRIAl PROCESS MEDIUM STRENGTH TGAlEF 1000 2570 MedIum 2488.29 1248.16 3.714.45 500 INDUSTRIAl PROCESS HIGH STRENGTH TGAlEF 1000 2570 HIDh 3357.50 1280.18 4637.88 500 INDUSTRIAL PROCESS VERY HIGH STRENGTH TGAlEF 1000 2570 Varv Hloh 4248.70 1312.16 5 580.88 500 INDUSTRIAl PROCESS SUPER HIGH STRENGTH roAlEF 1000 2570 Suner Hlnh 5139.90 1344.16 8.484.08 651 5410-M99 CONVENIENCE MARI<ET TGSF 160 460 Low 323.62 220.35 543.97 600 541 D-S499 SERVICE STATION / MARKET TGSF 160 480 Low 323.62 220.35 543.97 850 5410-M99 SUPERMARKET TGSF 1BD ,4BD MedIum 443.93 224.87 BB8.50 841 5511 ~599 NEW CAR SALES TGSF 50 130 Low 89.89 51.21 151.10 84B 551 Hi599 TIRE STORE TGBF 50 130 Low 89.89 61.21 151.10 800 5910.aJ99 RETAIL TGSF 50 130 'Low 89.89 6121 151.10 5211-5392, 854 561l1-&33 DISCQUm MARKET TGBF 30 80 Low 63.94 3B.n 90.66 5211~3ll2, 890 1i61U-5733 FURNmJRE STOR/5 TGSF 3B 80 Low 63.94 38.72 90.86 900 6111-8133 FINANCIAL INSTmmoN TGSF 110 280 Low trIT.n 134.88 332 43 8212-8290 aTHER SERVICES TGSF 100 280 Low 179.79 . 122.42 311221 151 8371-8379 MINI WAREHOUSE TGSF 30 60 Low 53.94 38.72 BO.86 8411,6419- 840 8499 AUTo CARE TGSF 40 100 Low 71.92 48.97 120.88 847 8412 CAR WASH TGBF 500 1290 Low 898.95 612.08 1511.03 B30 6511-8519 CLINIC TGSF 150 390 Low 289.68 183.82 463.31 810 6511~8519 HOSPITAL TGSF 150 390 Low 289.86 183.82 453.31 620 8511-8519 NURSING HOME lGSF 150 390 Low 289.68 183.82 463.31 730 8710-8759 GOVERNMENT BUILDING TGBF 100 260 Low 179.79 122.42 302.21 732 6710-6159 US POST OFFICE TGSF 100 260 Low 179.79 122.42 302.21 861.1-8839. . 540 7111-7123 COMMUNllY COLLEGE TGSF 50 130 Low 89.89 .8121 151.10 6811-8839, 565 7111-7123 DAY CARE CENTER . lGSF 50 130 Low 89.89 8121 151.10 6811-8839, 520 7111-7123 ElEMENTARY SCHOOL TGSF 50 130 Low 89.89 81.21 151.10 8611-8839, 530 7111-7123 HIGH SCHOOL TGSF 50 130 Low 89.89 81.21 151.10 B81'-8839, ' 590 7111-7123 LIBRARY TGSF 50 130 Low 89.89 61.21 151.10 8611-8839, 550 7111-7123 UNIVERSITY TsSF 50 130 Low 89.89 61.21 151.10 5BO 8911-8999 CHURCH TGSF 50 130 Low 89.89 61.21 161.10 591 8911-6999 FRATERNAl ORGANIZATION TGSF 50 130 Low B9.69 6121 151.10 8141-81Bo, 8500, 8520- 710-713 8599 6810 GENERAL OFFICE BLDG TGSF 100 280 Low 179.79 122.42 311221 494 7212-7900 BOWLING ALLEY TGSF 180 410 . Low 261.88 195.87 483.53 493 7212-7900 HEALTH CLUB TGSF 180 410 Low 261.66 196.87 483.53 400 7212-7900 PUBLIC PARK TGSF 180 410 Low 287.88 195.87 483.63 4lI2 7212-7900 RACQI:JET CLUB TGSF 180 410 Low 267.66 195.87 483.63 495 7212-7900 RECREATIONAL CENTER TGSF 180 410 LoW 287.68 195.87 483.53 491 7212-7900 TENNIS tOURT TGSF 160 410 Low 287.88 195.87 483.53 443 7212-7900 THEATER TGSF' 180 410, Low 287.66 195.87 483.53 895 7212-7900 VIDEO ARCADE TGSF 180 410. Low 287.88 195.87 483.63 .no 8221 8222 MEDICAl OFFICE. VETRINARIAN SERVICES TGSF 200 510 Low 359.58 244.83 804.41 ABBREVIATIONS . TGSF - THOUSAND GROSS SQUARE FEET TSFGLA - THOUSAND SQUARE FEET GROSS lEASABLE AREA DU . DwelLING UNIT TGALEF . THOUSAND GALLONS ESTIMATED FLOW VFP . VEHICLE FUELING POSITIONS I I Noles .. ProC1lll9 flow 19 In addlUon to othar flow I .