Item 4 - Ord./Metro Plan Amend. - Laserfiche WebLink

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MWMC Memorandum re: process .. May 21, 2004 : Page 3 meetings and hearings. ,System Development CharRes: MWMC has had a SDC since 1991. The methodology that is the basis for the current SDC was adopted in 1997. In June 2003, partly in response to concerns expressed by HBA, MWMC directed staff to retain a consultant and form a CAC to review the 1997 Methodology and recommend changes. Home Builders designated a representative who participated on the-CAC. The consultant, CH2M Hill, and the CAC recommended changes to the 1997 Methodology. On Apdl 1,2004, MWMC adopted a revised methodology after a number of public meetings and a public hearing (Proposed SDC Methodology). ORS 223.297 to 223.314 governs SDCs. ORS 223.309(1) requires the adoption of a facilities plan and a capital improvements list prior to the establishment of a SDC. The pertinent MWMC resolution states that the 2004 Facilities Plan including the 20-year project list are being adopted to provide the facilities plan and list of capital improvements that are required by ORS 223.309(1). ORS 223.314 provides that the establishment, modification and implementation of a system development charge and a facilities plan and list adopted pursuant to ORS 223.309 are not land use decisions pursuant to ORS chapters 195 and 197. Pursuant to Section 3 of the IGA, MWMC referred the Proposed SDC Methodology and the 2004 Facility Plan and liSt to the Cities of Eugene and Springfield for implementation through their respective City Codes in accordance with the SDC statute and applicable city code procedures. That process is continuing. Conclusion: Three separate processes are involved in MWMC's effort to obtain the Governing Bodies' approvals necessary to plan, site and fund the improvements that are necessary so the Regional Facilities can continue to meet federal and state environmental standards governing wastewater discharges to the Willamette River as well as the disposition and beneficial reuse of residuals. For'the reasons explained above, HBAs' complaint inappropriately combines and misstates the processes involved with which MWMC has fully complied. (doc.$4616) 3--~