HomeMy WebLinkAbout04/11/1990 Meeting (2)
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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
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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
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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
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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.
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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.
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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
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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
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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.
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The meeting adjourned at 12:03 a.m.
~Respectfu~~~
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Hi eaT GTeaso, . --
City Manager
(Recorded by Mary Feldman)
mncc 041190 -730
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