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Commission finds no public vote required for sanitary sewer rehabilitation in charter parks; follows tree-removal rules
Summary
The commission concluded that replacing or rehabilitating existing sanitary sewer lines in charter parks constitutes maintenance and does not trigger the city charter provision requiring voter approval for new permanent structures; the motion passed unanimously with direction to follow the city's tree-removal process if trees must be removed.
The Oregon City Commission on May 7 concluded that sanitary sewer rehabilitation work in the city's charter parks can proceed as maintenance without voter approval, and the commission directed staff to follow existing tree-removal policies if work will affect park trees.
Public works staff described several rehabilitation methods for park sewer lines, including cured-in-place pipe lining (CIPP), pipe bursting, directional drilling and open trench replacement. Staff said they use the least impactful method appropriate to pipe condition and would restore vegetated surfaces if work disturbs park landscaping.
City attorney Carrie Richter told commissioners the city charter requires voter approval to construct permanent buildings or structures in charter parks except where alterations or replacements of preexisting, nonconforming structures occur. Richter's memo concluded many of the existing pipes are nonconforming preexisting structures and that repair or replacement to maintain functionality is consistent with the charter's allowance for maintenance.
Commissioners debated the potential for tree impacts and public sensitivity to removing trees in parks. Several commissioners asked that staff follow the city's adopted tree-removal process and notify the commission if work will involve tree removal that could attract public concern.
A motion that the commission conclude no public vote is required to allow inflow-and-infiltration (I&I) sewer rehabilitation in charter parks and that staff follow established tree-removal procedures passed unanimously: Commissioner Rocky Smith, Aye; Commissioner Mike Mitchell, Aye; Commissioner Scott Wilson, Aye; Commissioner Adam Marl, Aye; Mayor Denise C. McGriff, Aye.
Staff will proceed with project planning using least-impact construction methods and report tree-removal needs through the standard process.
