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HomeMy WebLinkAboutItem 01 Wastewater Service Extension Policy Discussion AGENDA ITEM SUMMARY Meeting Date: 3/19/2012 Meeting Type:Work Session Staff Contact/Dept.: Ken Vogeney/PW Staff Phone No: 541-736-1026 Estimated Time: 45 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities ITEM TITLE: WASTEWATER SERVICE EXTENSION POLICY DISCUSSION ACTION REQUESTED: Provide direction to staff concerning City involvement with extending wastewater service to unserved properties both within and outside of current City limits. ISSUE STATEMENT: Does the City Council desire to modify its policies for assisting property owners with the cost to construct public wastewater main extensions to serve developed properties within the City limits and/or the Urban Transition Area? ATTACHMENTS: 1. Council Briefing Memorandum 2. Septic System Inventory Map 3. Anderson Lane Map 4. 10th & Q Streets Map DISCUSSION/ FINANCIAL IMPACT: On October 17, the City Council held a Work Session concerning a request from a property owner on Anderson Lane for City assistance with extending a public wastewater main to the property because the on-site septic system is failing. Council requested staff to come back with a broader discussion on the City’s funding policy concerning wastewater service extensions. The City’s current policy is derived from several sources and can be summarized as follows: • A permit cannot be issued to construct or repair a septic system if the property is within 300 feet of a wastewater system that is both physically and legally available to provide that service; and • The property being served must be within Springfield city limits to be served by the Springfield wastewater system; and • A property must abut City limits to be eligible for annexation; and • The full cost to extend a public 8-inch diameter wastewater pipe to, and through the frontage of, the property is assessable to (shall be paid by) the benefitted property owner(s). As discussed in Attachment 1, staff has identified three typical situations where Council could consider modifying its policy direction to assist property owners: I. Properties within City limits that remain on septic systems because there is no public system available to them; II. Properties with failing septic systems that are outside of City limits and within 300 feet of a public sewer; and III. Coordination with other public construction projects. M E M O R A N D U M City of Springfield 3/15/2012Page 1 M E M O R A N D U M City of Springfield Date: 3/8/2012 To: Gino Grimaldi COUNCIL From: Len Goodwin, Assistant Public Works Director Ken Vogeney, City Engineer BRIEFING Subject: WASTEWATER SERVICE POLICY DISCUSSION MEMORANDUM ISSUE: Does the City Council desire to modify its policies for assisting property owners with the cost to construct public wastewater mains to serve developed properties within the City limits and/or the Urban Transition Area? COUNCIL GOALS/ MANDATE: Maintain and Improve Infrastructure and Facilities The City is responsible to plan, operate, and maintain the local wastewater collection system. As new users of the system are identified, the City works with those users to ensure that the system has the needed capacity in a useful location to provide the desired service. BACKGROUND: On October 17, 2011, staff presented a request from the property owner at 672 Anderson Lane for City assistance with extending a public wastewater main to this property as the septic system is failing. Council directed staff to bring the broader policy concerning the provision of wastewater service to the Council for an in-depth discussion prior to providing direction to staff on this specific request. Current Policy: The City’s current policy for providing wastewater service to unserved properties is derived from several sources, including: Oregon Administrative Rules, the Springfield Municipal Code, and City Council Resolution 70-45 regarding city participation for wastewater improvements. A. According to Oregon Administrative Rules (OAR 340-071-0160), a permit to repair a septic system cannot be issued if the property is within 300 feet of a wastewater system that is both physically and legally available. The Rule defines a system as being physically available when: • Topography or manmade features do not make the connection physically impractical; and • For single-family dwellings, the nearest system connection point is within 300 feet of the property. The OAR defines a wastewater system as being legally available if the system is: • Not under a Department of Environmental Quality (DEQ) connection permit moratorium; and • The system owner is willing or obligated to provide the service. B. The Springfield Municipal Code (Chapter 3.350) requires that a property connect, at the owner’s expense, to the City wastewater system if the property is within city limits and within 300 feet of a public system. In addition, Section 2.02.1 of the City’s Engineering Design Standards manual requires that a new public wastewater main be extended to the boundary of a development by the developer if that main will logically serve land Attachment 1 Page 1 of 6 MEMORANDUM 3/15/2012 Page 2 outside of the development area. C. City Council Resolution 70-45 establishes that the City pays for constructing public wastewater mains in excess of 8-inches in diameter, unless the main is being constructed as part of a development project, where the City pays for the additional cost that may be incurred to install a main that is either larger or deeper than the size or depth needed to serve that development. DISCUSSION: The underlying question for providing public wastewater service to unserved properties is: Who pays? Historically, Springfield, and many other cities, have established policies whereby the initial cost to construct the public local collection system is borne by the abutting/benefitting properties, and the on-going cost to operate and maintain the system is borne by the public at- large, i.e. the wastewater rate payers. There are several situations that could justify a different approach if the Council so desires: I. Properties within City limits that remain on septic systems because there is no public system available to them; II. Properties with failing septic systems that are outside of City limits and within 300 feet of a public wastewater main; and III. Coordination with other public construction projects. Each of these situations is discussed below, along with possible policy options for Council to consider. I. Properties within City limits that remain on septic systems because there is no public system available to them. Staff has been working to identify the properties within current City limits that are on septic systems (see Attachment 2, Septic System Inventory Map), and have found 195 so far. Of these, 76 have service to or within 50 feet of the property so no public main extensions are likely needed to connect to these properties. There are 94 properties within 300 feet or less that will be required to extend the public system if their septic system fails. For the remaining 24 properties, the public system needs to be extended more than 300 feet. In addition to the distance from the public system, Council may also wish to consider when the property was annexed to the City. Property owners often raise this issue when they are having problems with their septic systems. As shown in the following table, 108 of the 119 properties that do not currently have wastewater service to the property were annexed before 1980: Decade Annexed Within 300 Feet & Need Main Extension Beyond 300 Feet Total by Decade 1900 to 1909 4 - 4 1940 to 1949 24 2 26 1960 to 1969 36 5 41 1970 to 1979 22 15 37 1980 to 1989 2 - 2 1990 to 1999 5 - 5 2000 to 2010 2 2 4 Total 95 24 119 Attachment 1 Page 2 of 6 MEMORANDUM 3/15/2012 Page 3 The following matrix summarizes the pros and cons of the current policy and a potential new policy for providing wastewater service to the 119 properties that are already annexed and will require a public main extension to receive wastewater service: Policy Options Pros Cons I.a. Retain current policy that property owners pay to extend the system, either directly or through a Local Improvement District (LID), when they want service. 1. All property owners are treated the same way and consistent with past practice. 1. Often causes strife within a neighborhood as those who need service due to a failing system try to get their neighbors’ support for a LID petition. 2. Some property owners who have been part of the City for many years can not have access to service without the cooperation of their neighbors and/or significant expense. I.b. City establishes one or more Capital Improvement Program (CIP) projects to extend service to all properties within city limits and collects Sanitary Sewer In-lieu of Assessment Fees, along with Systems Development Charges (SDCs) when the property connects to the wastewater main. Projects could be prioritized to extend service in reverse order of annexation – i.e. oldest annexation areas first or by their relationship to other planned projects (see Section III). 1. Service will be available to each property within city limits at the time either they desire to connect or when their septic system fails. 2. The assessable portion of the cost to construct the extensions will eventually be reimbursed to the City through the In-lieu of Assessment Fees. 1. City will be investing in public infrastructure before it is needed, with the reimbursement on its investment coming at some undetermined time in the future. 2. Could be perceived by existing users as providing a “special benefit” to a few properties. Recommendation: Staff recommends retaining the current policy (Option I.a.). II. Properties with failing septic systems that are outside City limits and within 300 feet of a public wastewater main. When a property with a failing septic system is within 300 feet of a City wastewater main that is physically available for their use, the property is obligated to connect to the main if it is legally available. In Springfield, a property can legally connect to the public system if the property is annexed into the City, and under current City codes, a property must abut City limits to be annexed. Currently, there are about 1,182 parcels of land within Springfield’s Urban Transition Area (UTA) and within 300 feet of a City wastewater main. Of these, it appears that 753 abut City limits and 695 of those have existing structures (see Attachment 2). Staff does not have a way to determine which of these properties may have failing/failed septic systems unless the property owner contacts the City, such as the property at 672 Anderson Lane (see Attachment Attachment 1 Page 3 of 6 MEMORANDUM 3/15/2012 Page 4 3, Anderson Lane Map). The following matrix summarizes the pros and cons of the current policy and two potential policy options for providing wastewater service to the 1,182 properties that are within Springfield’s UTA and within 300 feet of Springfield’s wastewater system: Policy Options Pros Cons II.a. Retain current policy that these property owners annex to the City and then pay to extend the system, either directly or through a Local Improvement District (LID). 1. All property owners are treated the same way. 1. Often causes strife within a neighborhood as those who need service due to a failing system try to get their neighbors’ support for a LID petition. 2. The City Council only has authority to initiate LIDs on lands within city limits. II.b. City could make findings that the system is presently not legally available because the property is not annexed. 1. Affected property owners will be able to repair their septic systems without annexing to the City. 1. Annexation of developed lands within the UTA will essentially cease, as property owners will no longer have an incentive to become part of the City. 2. May impede, or prevent, City’s ability to annex land for new development or expanding the Urban Growth Boundary because of findings in the record that wastewater service is not legally available. II.c. As funding is available, City establishes one or more Capital Improvement Program (CIP) projects to assist properties with failed/failing septic systems and abutting city limits to extend service on an as requested basis, subject to annexation to the City. City then collects Sanitary Sewer In-lieu of Assessment Fees, along with Systems Development Charges (SDCs) when the property connects to the system. 1. Service will be available to properties near city limits when they are experiencing a public health hazard due to a failed septic system. 2. Cost to construct the extensions will eventually be reimbursed to the City through In-lieu of Assessment Fees. 1. Could be perceived by existing users as providing a “special benefit” to a few properties. Recommendation: Staff recommends retaining the current policy (Option II.a.). III. Coordination with other public construction projects Occasionally during the planning and design of a public construction project, such as wastewater pipe rehabilitation, staff finds that a new wastewater main extension is needed to provide service to properties that are not currently served. Typically, staff will include the cost Attachment 1 Page 4 of 6 MEMORANDUM 3/15/2012 Page 5 to extend the line in the CIP and Capital Budget request for the project, or include the extension in the project if the cost of the additional work is within the planned contingency funding for the project. If the main extension is considered a local collection line (typically 8-inch diameter or less), the City will collect Sanitary Sewer In-lieu of Assessment Fees from the benefitted properties when they connect to the new main. An example of this situation is three properties along Q Street and six properties along R Street that are adjacent to the 10th & N Parallel Trunk Sewer project that is currently under design (see Attachment 4, 10th & Q Streets Map). The following matrix summarizes the pros and cons of the current staff practice and a potential new policy concerning providing wastewater service to unserved properties in coordination with other public construction projects: Policy Options Pros Cons III.a. Retain current staff practice to include wastewater system extensions in other public projects through the CIP as needed, subject to available funding, and without requiring formation of a LID. 1. Reduces future cost of constructing a new main by installing as part of a larger project. 2. Protects structural integrity of the street by eliminating future trench cuts, thereby extending life of the street. 3. Avoids public perception of wasting money by not coordinating construction work. 1. City will be investing in public infrastructure before it is needed, with the reimbursement on its investment coming at some undetermined time in the future. 2. Could be perceived by existing users as providing a “special benefit” to a few properties. III.b. Do not construct local wastewater system extensions unless requested and funded by the benefitting property owners. 1. Reduces City’s initial cost for constructing wastewater systems. 2. Service is provided to property owners when they want it and are willing to pay. 1. May result in situations where recently constructed streets need to be cut to provide service. Recommendation: Staff recommends retaining the current staff practice (Option III.a.). In addition to the policy discussions suggested by staff, the Council asked for information on several questions during the October 17, 2011 Worksession concerning the specific request for assistance from the owner of 672 Anderson Lane. Following are the Council’s questions and staff responses: 1. Question: Is Lane County willing to partner with the City to provide wastewater mains outside City Limits, perhaps with a LID? Staff Response: County Public Works staff indicates a willingness to recommend approval of County LIDs, if the property owners sign the appropriate petitions and the City agrees to accept jurisdiction of the associated street rights-of-way. Attachment 1 Page 5 of 6 MEMORANDUM 3/15/2012 Page 6 Attachment 1 Page 6 of 6 2. Question: Is the owner of the 18 properties in the Devonshire Subdivision on Anderson Lane interested in a LID for wastewater main construction. Staff Response: Staff has contacted this property owner and they are not interested in a LID. 3. Question: What technology is Coburg using to reduce wastewater system construction costs? Staff Response: Staff’s understanding is that the City of Coburg will install a Septic Tank Effluent Pumping (STEP) system for their public collection system. In summary, a STEP system involves a septic tank at each property to collect/retain solids, with the effluent (water) from the tank then being pumped to a pressurized pipe system that is then pumped to the treatment facility. Under Oregon Administrative Rules (OAR), it appears that the public agency is responsible for operation and maintenance of a STEP system. Given the circumstances for the Anderson Lane request, staff does not believe that a STEP system is a practical solution for this situation, though it may be appropriate for service in other areas. 4. Question: Are there any hardship waivers available to property owners who find it too costly to extend the public system at their expense? Staff Response: Staff contacted the Lane County Sanitarian’s Office, which has delegated authority from the Department of Environmental Quality (DEQ) to administer the OARs that regulate septic systems. County staff does not have the authority to waive connection requirements and neither the County nor DEQ provide hardship assistance to property owners. RECOMMENDED ACTION: Staff recommends the following policy options for each of the three situations discussed above: I. Properties within City limits that remain on septic systems because there is no public system available to them: Recommendation: Policy Option I.a. – retain current policy. II. Properties with failing septic systems that are outside of City limits and within 300 feet of a public main: Recommendation: Policy Option II.a. – retain current policy. III. 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Lot counted as Annexed Cherokee Dr L.I.D. There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission, or positional inaccuracy of this product. 00.250.51 Mi. Lines >12” Lines <12” Wastewater Network Lots Beyond 300’ of WW Lines <12” Lots Within 300’ of WW Lines <12” Lots X-ing/Adjacent to WW Lines <12” Labeled by Annexation Year Septic Sites in ESD Inventory UGB 1885 - 18911892 - 19091910 - 19481949 - 19531954 - 19581959 - 19601961 - 19621963 - 19641965 - 19671968 - 19691970 - 19711972 - 19731974 - 19751976 - 19771978 - 19791980 - 19811982 - 19831984 - 19871988 - 19891990 - 19911992 - 19931994 - 19951996 - 19971998 - 19992000 - 20012002 - 20032004 - 20052006 - 20072008 - 2010 YEAR ANNEXED Te c h n i c al Servi ce s Division Public Works Dep a r t m e n tMar2012 ZONINGCOUNTBUILT* LDR <10Ksf307284 LDR >10Ksf374350 MDR <10Ksf65 MDR >10Ksf3635 NC55 CC/MUC21 CI43 LMI107 HI43 Other (E,F, PL)52 TOTAL753695 Adjacent to City Limits (w/in 50’ RoW buffer Total Area: 1006.9 ac** Number of Lots: 1182 TAXLOTS WITHIN UGB, OUTSIDE CITY LIMITS Within 300’ of 12” or smaller Wastewater Line YEAR ANNEXEDCOUNT 19482 19605 19781 197914 20032 TOTAL24 ANNEXED/UNSERVED SITES WITH BUILDINGS* Beyond 300’ of 12” or smaller Wastewater Line **Note 2: Acreage includes outer area of lots split by UGB *Note: Site building status based on most current data (2000/2008); not field checked YEAR ANNEXEDCOUNT 19094 194824 196017 19675 196913 19721 19736 19765 197910 19802 19911 19922 19971 19981 20011 20031 TOTAL94ANNEXED/UNSERVED SITES WITH BUILDINGS*Within 300’ of 12” or smaller Wastewater Line YEAR ANNEXEDCOUNT 19094 194826 196023 19675 196913 19721 19736 19765 19781 197924 19802 19911 19922 19971 19981 20011 20033 TOTAL119ALL SITES ANNEXED BUT NOT SERVED, BY YEAR YEAR ANNEXEDCount 19091 194812 196017 19661 19674 19694 19735 19752 19761 19794 19891 19921 19941 19951 199814 19992 20011 20021 20061 20071 20081 Total76 ANNEXED SITES SERVED, BUT NOT CONNECTED Intersectng or Adjacent to Wastewater Line (w/in 50’ RoW buffer SEPTIC SYSTEM INVENTORYAttachment 2 D R A F T (Attachment 3) (Attachment 4) ATTACHMENT 2 ASPEN STPOLTAVA STROWAN AVERAYNER AVE KELLOGG RD MENLO PARK ANDERSON LN UGB 5 0150300600 Ft NORTH Lines >12” Lines <12” Wastewater Net Urban Fringe Lots Within 300’ of WW Lines <12” (within 50’ RoW buffer) Lots Adjacent to WW Lines <12” Septic Sites in ESD Inventory 18 8 5 - 1 8 9 1 18 9 2 - 1 9 0 9 19 1 0 - 1 9 4 8 19 4 9 - 1 9 5 3 19 5 4 - 1 9 5 8 19 5 9 - 1 9 6 0 19 6 1 - 1 9 6 2 19 6 3 - 1 9 6 4 19 6 5 - 1 9 6 7 19 6 8 - 1 9 6 9 19 7 0 - 1 9 7 1 19 7 2 - 1 9 7 3 19 7 4 - 1 9 7 5 19 7 6 - 1 9 7 7 19 7 8 - 1 9 7 9 19 8 0 - 1 9 8 1 19 8 2 - 1 9 8 3 19 8 4 - 1 9 8 7 19 8 8 - 1 9 8 9 19 9 0 - 1 9 9 1 19 9 2 - 1 9 9 3 19 9 4 - 1 9 9 5 19 9 6 - 1 9 9 7 19 9 8 - 1 9 9 9 20 0 0 - 2 0 0 1 20 0 2 - 2 0 0 3 20 0 4 - 2 0 0 5 20 0 6 - 2 0 0 7 20 0 8 - 2 0 1 0 YEAR ANNEXED Attachment 3 - Anderson Lane Detail 10TH ST 8TH ST Q ST QUINAULT ST R ST S ST 126 0150300600 Ft NORTH Lines >12” Lines <12” Wastewater Net Unserved Lots Within 300’ of WW Lines <12” (within 50’ RoW buffer) Lots Adjacent to WW Lines <12” Septic Sites in ESD Inventory 18 8 5 - 1 8 9 1 18 9 2 - 1 9 0 9 19 1 0 - 1 9 4 8 19 4 9 - 1 9 5 3 19 5 4 - 1 9 5 8 19 5 9 - 1 9 6 0 19 6 1 - 1 9 6 2 19 6 3 - 1 9 6 4 19 6 5 - 1 9 6 7 19 6 8 - 1 9 6 9 19 7 0 - 1 9 7 1 19 7 2 - 1 9 7 3 19 7 4 - 1 9 7 5 19 7 6 - 1 9 7 7 19 7 8 - 1 9 7 9 19 8 0 - 1 9 8 1 19 8 2 - 1 9 8 3 19 8 4 - 1 9 8 7 19 8 8 - 1 9 8 9 19 9 0 - 1 9 9 1 19 9 2 - 1 9 9 3 19 9 4 - 1 9 9 5 19 9 6 - 1 9 9 7 19 9 8 - 1 9 9 9 20 0 0 - 2 0 0 1 20 0 2 - 2 0 0 3 20 0 4 - 2 0 0 5 20 0 6 - 2 0 0 7 20 0 8 - 2 0 1 0 YEAR ANNEXED Attachment 4 - 10th & Q Streets Detail