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HomeMy WebLinkAbout04/11/1990 Meeting (2) e M I NUT E S Lane County Board of Commissioners, Springfield City Council, and Eugene City Council Joint Public Hearing North Eugene High School--200 Silver Lane April 11, 1990 7:30 p.m. COMMISSIONERS Bill Rogers, Chair; Steve Cornacchia, Eli Dumdi, PRESENT: Jack Roberts, Jerry Rust. SPRINGFIELD Bill Morrisette, Mayor; Joe Barry, Bruce Berg, COUNCILORS PRESENT: Lee Beyer, Gayle Decker, Christine Larson. COUNCILORS ABSENT: George Wojcik. EUGENE Jeff Miller, Mayor; Ruth Bascom, Robert Bennett, Shawn COUNCILORS PRESENT: Boles, Freeman Holmer, Roger Rutan, Emily Schue. COUNCILORS ABSENT: Debra Ehrman, Bobby Green. The meeting of the Lane County Board of Commissioners was called to order by e Chair Bill Rogers. The meeting of the Springfield City Council was called to order by His Honor Mayor Bill Morrisette. The meeting of the Eugene City Council was called to order by His Honor Mayor Jeff Mi 11 er. I. INTRODUCTIONS Members of the commission and councils were introduced. II. JOINT LANE COUNTY BOARD OF COMMISSIONERS/SPRINGFIELD CITY COUNCIL/ EUGENE CITY COUNCIL PUBLIC HEARING ON RIVER ROAD AND SANTA CLARA SEWER SERVICE Commissioner Rogers opened the joint public hearing. Gary Chenkin, City of Eugene Planning and Development Department, provided background information. Based on engineering studies conducted in the River Road and Santa Clara areas in early 1980, the Oregon Environmental Quality Commission found that individual septic disposal systems are contaminating e MINUTES--Eugene City Council April 11, 1990 Lane County Board of Commissioners Springfield City Council Page 1 e e e the groundwater aquifer in River Road and Santa Clara and this contamination is causing a health hazard. To remedy this problem, the Environmental Protection Agency (EPA) awarded Eugene a grant of nearly $6 million in September 1984, to build interceptors and pump stations as needed to replace the individual septic systems now in use throughout River Road and Santa Clara. Eugene combined the grant with just over $4 million of its own money and built the trunk lines and pump stations which are now ready to serve local lines that will be constructed to serve individual properties. Mr. Chenkin explained that a fundamental principle of the Metropolitan Area General Plan states that Eugene and Springfield are the logical providers of services accommodating urban levels of development within the urban growth boundary. Another plan policy states that Eugene will plan, design, construct, and maintain ownership of the entire sanitary sewer system serving River Road and Santa Clara. Mr. Chenkin explained that the proposed Metro Plan amendment separates the issue of annexation from that of sewers by allowing the sewer project to move ahead and developed properties in River Road/Santa Clara to connect to the sewer system without annexation. Tom Lucas spoke on behalf of the Department of Environmental Quality (DEQ). The department intends for the sewers to be constructed according to the recently agreed upon schedule which specifies that 15 percent of the collector sewers will be constructed by the end of 1990. The DEQ considers groundwater pollution in the River Road/Santa Clara area a serious problem that is worsening. State law explicitly requires the protection of groundwater for both present and future generations. Mr. Lucas stated that additional action will be taken if necessary to assure that sewers are built and connections occur in the River Road/Santa Clara area according to the specified schedule. Commissioner Rogers opened the hearing for public testimony. Robert Ackerman, 186 Harvey, identified himself as a representative of property owners in the River Road area and of Citizens Against Sewers. He maintained that the 1980 groundwater study was inaccurate and that the City's delay of annexation had resulted in higher costs for the sewer project. Mr. Ackerman suggested that another groundwater study be undertaken to correct flaws in the earlier one. He also requested a payment period longer than ten years in order to reduce monthly payments. Debbie Guadette, 601 Bushnell Lane, expressed concern that her assessment would be so high that she would be unable to continue living in her home. Saying there were too many questions unanswered to proceed with the project, Ms. Guadette proposed that current residents of the City of Eugene be required to pay part of the costs of the project in order to ease the burden on River Road/Santa Clara residents. Jerry Finigan, 1250 Irvington Drive, said he represented the Santa Clara Community Organization. Mr. Finigan considered the separation of the issues MINUTES--Eugene City Council April 11, 1990 Lane County Board of Commissioners Springfield City Council Page 2 e of annexation and sewers indicative of the failure of City policy. He opposed the letting of bids until funding for all phases of the project has been determined. Curt Mitchell, P.O Box 38, Lorane, Oregon, considered the main issue to be one of loss of equity in homes. He requested clear evidence of the existence of groundwater pollution, the opportunity to vote on any bond issue should sewers be needed, and the opportunity to vote on annexation. Charles Wilson, 1781 Hemlock, asked about the inclusion of storm sewers in the project and questioned the method of assessment. Marie Gray, 353 Knoop Lane, distributed copies of an article from The Oregonian and inquired about the project's costs. Specifically, Ms. Gray wondered about charges to schools, churches, and the park district. She urged staff to combine the project's three basins in a single bid to reduce the total cost. Betty Donaldson, 398 Hawthorne, said that she is a party in lawsuits involving the Lane County Boundary Commission. Ray Trent, 831 Nadine, spoke on behalf of the River Road/Santa Clara Homeowners and Renters Association. He presented petitions with approximately 200 signatures protesting the high cost of sewers. Mr. Trent maintained that the financial burden imposed by the project will result in the loss of homes and income and said that it represents an infringement on e the rights of area residents. Claude Johnson, 2083 Delta Street, wondered about the social impact and psychological problems that could develop as a result of the financial problems he expected the project to cause. Mr. Johnson suggested that a human waste management bill be brought to Congress. Ralph Bramlett, 731 Ivy Avenue, asked that area residents be allowed to vote on the issue. Catherine Westra, 1915 Labona Drive, identified herself as a new resident in the area. She said that she believed part of the assessment would be used to pay for earlier studies, which she considered unfair and unreasonable. Bob Evans, 2095 labona Drive, yielded to the next speaker. Terry Harper, 1737 Parnell Drive, declined the opportunity to speak. Craig Bi@rsdorff, 126 Mayfair, Qug~t;on~d th~ ~~;~t~nce of a ~roundwater p~oblem_ Larry Bradley, 651 Bushnell lane, considered existing groundwater study rQsults inconclusive and suggested that a new study be conducted to determine whether a problem exists. He said citizens are angry because public officials appear not to be listQning to them. Claiming that low-income and e MINUTES--Eugene City Council April 11, 1990 Lane County Board of Commissioners Springfield City Council Page 3 e e e retired residents will lose their homes because they will not be able to afford their assessments, he urged the elected officials to examine their consciences before allowing that to happen. At this point, a ten-minute recess was called. Bill Sokol, 240 Sunnyside Drive, contended that groundwater pollution in the area does not constitute a health hazard. He said the City of Eugene should be held responsible for increases in the project's cost over the past ten years. Mr. Sokol also claimed that lot size should not determine cost because it is unrelated to sewer use. Jim Hale, 4064 Meredith Court, doubted that health hazards are the primary reason for undertaking the sewer project and suggested that repayment of the grant is a higher priority to the City. Mr. Hale recommended that if the Metro Plan is amended to not rQQuirQ annexation, SQWQrs should also b~ mad~ voluntary. Elaine MUhr, 212 Harvey Avenue, exprQssed doubt regarding the legitimacy of claims that septic tanks are causing groundwater pollution in the River Road area. She voiced concern that elderly residents would suffer from the burden of additional taxation. Don Allen, 2722 Summer Lane, accused the City of Eugene of fabricating evidence that a sewage and disease problem exists in order to obtain money from area residents. He strongly recommended that River Road residents be allowed to vote on the issue of sewers. Norval Shannon, 117 Arbor Drive, commented that he lived in the River Road area because he preferred not having City services. Mr. Shannon said that renters would bear the burden of the cost of sewers and he urged further study of the matter to determine whether a groundwater problem exists. Gary Kutcher, 85560 Svarverud Road, identified himself as a candidate for the Lane County Board of Commissioners. He said that installation of sewers would impose hardship on many residents who cannot afford the assessment and that no fair plan for financing has been proposed. Mr. Kutcher asked that the groundwater study be reviewed and action be taken only if proven necessary. Russ Cottrell, 1495 Golden Avenue, was concerned about the financial impact of sewer assessments and said that in some cases the required payments would exceed the value of the home. He said that local governments should have been saving the money to pay for the project. L. A. Lauderdale, 35 Bushnell Lane, asked why the estimate of his assessment had risen $5,000 in the past five years. He asked about a proposed incentive to encourage payment within ten days. MINUTES--Eugene City Council April 11, 1990 Lane County Board of Commissioners Springfield City Council Page 4 e Mike Carmickle, 710 Nadine Avenue, identified himself as a representative of the Plumbers and Steamfitters Union. He advised citizens that contractors must be licensed and should not be paid until work has been completed. Yaqin Sliwenski, Hillcrest Drive, maintained that no sewage problems exist except in the area near the Wastewater Treatment Plant. He said that homelessness will increase as a result of the sewer project and urged the exploration of alternatives to sewers. Lela Hilborn, Hilliard Lane, was not opposed to sewers but was concerned about the high cost to be assessed to residents. She requested that alternative financing mechanisms be explored to reduce the negative impact on citizens. Jim Jeppesen, Labona Drive, observed that assessments are only a part of the cost to residents. He recommended that assessment be based on something other than lot size. e Bob Stirling, Elkay Drive, asked to see bids for the project. Doug Wade, 126 Arbor Drive, questioned the validity of the groundwater study and encouraged elected officials to read the study for themselves. He asked officials to work with residents to solve the problems that affect everyone. John Hamlin, no address given, said that he was 95 years old, a patriotic citizen, and did not need the City of Eugene to tell him what to do. Tonie Nichols, 770 Ruby Avenue, identified himself as chairman of the River Road Community Organization. He maintained that no evidence exists of a health hazard in the River Road area and claimed that the City of Eugene is more interested in increasing its tax base than in the groundwater of River Road. Mr. Nichols opposed requiring annexation in order to obtain sewers. He said that River Road residents are being denied the opportunity to help determine the method of financing and objected to them suffering the consequences of a City policy in which they had no voice. Referring to the proposed Metro Plan amendment, Mr. Nichols requested that language in findings 12 and 13 not be adopted. Gerald Betts, 535 Bushnell Lane, considered his $10,700 estimated assessment unreasonable. He asked elected officials to give careful consideration to the testimony they had heard during the evening. John Neely, 1600 Horn Lane, requested that residents be provided the option of applying for a variance from required sewer connection. He said that the number of possible variances could affect the bids on the project. At 10:36 p.m., the meeting recessed for ten minutes. John Morrison, 803 Armstrong, described sewering without annexation as an e MINUTES--Eugene City Council April 11, 1990 Lane County Board of Commissioners Springfield City Council Page 5 e e e effort by the City to divide and conquer area residents. Mr. Morrison saw no apparent need for sewers. He took issue with the proposed exemption of unimproved parcels and said the burden would be shifted to other residents. Ethel Martinson, 1520 Elkay Drive, indicated that she would be forced to sell her home to pay her sewer assessment. Vora Heintz, 1038 Jayne Street, identified herself as a citizen with a long-term interest and involvement in the issue under consideration. She opposed the installation of sewers and considered them to be the cause of more pollution than septic systems. She considered the existing groundwater study inconclusive and flawed and spoke extensively regarding her conviction that no health hazard exists in the River Road/Santa Clara area. After presenting numerous graphs and charts, Ms. Heintz concluded that available data fails to support the conclusions of the DEQ. Doug Sabin, 320 River Road, asked about the City's sale of sewered lots for less than residents' assessments for sewering. Commissioner Rogers closed the public hearing. Responding to questions raised during public testimony, Terry Smith, City of Eugene Public Works staff, said that storm sewers are not being installed and are not part of the charges being used to estimate sewer costs, Pat Decker, City of Eugene Planning and Development Department staff, informed audience members that North Eugene High School hooked up without being charged and would be charged as part of the current project. Regarding the possibility of combining the basins into a single bid, Mr. Smith explained that awarding three separate contracts will allow local contractors to bid and will encourage more competition. Ms. Decker noted that costs of the groundwater study have not been included in the estimated cost of the project. The amount of the successful bid and financing costs will determine the final price of the project. Mr. Smith anticipated that assessments would be calculated in February 1991, after the final costs of the project are known. Regarding questions raised about the existence of a groundwater pollution problem, Mr. Lucas said that while surface sewage may not be apparent, he was convinced that groundwater contamination constitutes a health hazard. He saw no need for another groundwater study. Mr. Lucas explained that the State does not track diseases that could stem from fecal matter, but uses the levels of fecal coliform present as an indication of whether the potential of such diseases constitutes a threat to human health. Responding to questions about the assessment of vacant lots, Ms. Decker said MINUTES--Eugene City Council April 11, 1990 Lane County Board of Commissioners Springfield City Council Page 6 e e e that all assessments are calculated in the same way, and undeveloped parcels will be assessed when development occurs. Development will not be allowed unless those properties annex to the City. Responding to the public's concern about large increases in estimated assessments, Mr. Smith said that 1984 estimates were made during a period of recession and new estimates reflect actual increases in construction costs since that time. Answering a question from Commissioner Cornacchia, Mr. Smith said that if the proposed Metro Plan amendment is not approved, the City would not have the authority to allow sewer connections in River Road, but the EPA's connection requirement would still apply. In response to a question from Commissioner Roberts, Mr. Lucas estimated that a new groundwater study would cost approximately $600,000-$800,000. Mr. Roberts then asked Ms. Heintz whether such a study would be beneficial. Ms. Heintz replied that care would have to be taken to obtain and agree upon a neutral party to conduct a study. Reevaluation of the raw data used in the existing study would cost approximately $75,000 and would take three months to complete, according to Mr. Lucas. Commissioner Rust requested further clarification of the consequences of not approving the proposed Metro Plan amendment. Mr. Smith said that failure to meet the EPA's connection schedule would likely result in the Federal court's determination of how the grant would be repaid. Mr. Lucas added that he was unsure what enforcement action would be taken should the agreed-upon connection schedule not be met. Possible action could include a moratorium on all the metropolitan area or all County hook-ups. Stipulated consent agreements with built-in penalties are being used in other communities. Councilor Holmer asked about the State health officer's opinion regarding the existence of a health hazard in the River Road/Santa Clara area. Mr. Lucas stated that the DEQ believes that a documented problem exists and that sewering is the most appropriate solution to that problem. He explained that the State Health Division deals primarily with surface sewage problems rather than with groundwater contamination. Responding to questions from Mayor Miller, Mr. Lucas said that the DEQ intends for sewers to be extended to the area regardless of how the grant is repaid. Because River Road/Santa Clara is an unincorporated area, Lane County could be charged with the responsibility for sewering and could assess property owners. Commissioner Rogers explained that the County would take no further action until a draft ordinance has been prepared. Mayor Miller said that the City of Eugene would take action at a later time, with the public testimony just heard constituting the public hearing of the matter. Mayor Morrisette said that Springfield would schedule a session once the draft ordinance has been prepared. MINUTES--Eugene City Council April 11, 1990 Lane County Board of Commissioners Springfield City Council Page 7 e e e The meeting adjourned at 12:03 a.m. ~Respectfu~~~ . ,,"" "~.ri .. ~,,;P/ Hi eaT GTeaso, . -- City Manager (Recorded by Mary Feldman) mncc 041190 -730 MINUTES--Eugene City Council April 11, 1990 Lane County Board of Commissioners Springfield City Council Page 8