BOARD OF COMMISSIONERS'

REGULAR MEETING

April 30, 2008

1:30 p.m.

Commissionersí Conference Room

APPROVED 1/6/2010

 

Commissioner Faye Stewart presided with Commissioner Bill Dwyer, Bill Fleenor, Bobby Green, Sr., and Peter Sorenson present.  County Administrator Jeff Spartz, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.

 

15. PUBLIC HEARINGS

 

a. PUBLIC HEARING & ORDER 08-4-30-10/In the Matter of Commenting to the Oregon Department of Transportation (ODOT) on Area 5 ďStraw ProposalĒ Priorities for the 2010-2013 and 2010-2015 Statewide Transportation Improvement Program (STIP) (NBA & PM 4/9/08).

 

Celia Barry, Public Works, reported that this matter is on the STIP.  She said they are wrapping up the Boardís process on the 2010/2013 cycle.  She added they were asking for action on the 2010/2015 STIP.  She recalled for both items they have already submitted a preliminary priority list of projects.  She added that ODOT came back with straw proposals (Attachment B). (Copy in file).  She indicated the earlier projects involve the metro area and Coburg.  She said the MPC has taken action and it is reflected in the board order.

 

Barry explained that the 2010/2013 STIP straw proposal included $11.475 million for the entire region, including $2.5 million for the Beltline corridor study and $.725 million for the I-5 at Coburg construction project, Phase 1.  She stated the MPC accepted the proposal, increasing the I-5 at Coburg project to $1.6 million, with the caveat that it didnít come at the expense of the Beltline corridor project.

 

Barry noted for the 2010/2015 STIP, the attachment showed the regional straw proposal of $69.5 million for Lane County Area 5, including construction money for the I-5 Beltline, the I-5 Coburg project Phase 2 and the initial construction phase of the Beltline Highway following the NEPA study.  She stated the MPC requested the I-5 at Beltline project proposed by ODOT at $35 million to be delineated into the I-5 Beltline at $25 million, with another $15 million for the Gateway improvement associated with the project at Postal Way and International Way and the realignment of Gateway.  She indicated that raised  the entire project from $35 million to $40 million, with the caveat that the $5 million increase would not come at the expense of other priorities.  She said the straw proposal by ODOT was also acted upon by MPC.

 

Barry indicated they came back with what the MPC passed, adding on a development project for the Highway 126 west corridor between Veneta and Eugene.  She recalled that ODOT had taken off all their proposed development projects for that area.  She asked the Board to put that project back in.  She said that previously the Noti Poterf Creek modernization project was a realignment project that was a priority for the Board. She noted that ODOT changed the project to a preservation project and they are not suggesting that it be put back as a modernization project.

 

Commissioner Stewart opened the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.

 

MOTION:  to approve ORDER 08-4-30-10.

 

Fleenor MOVED, Dwyer SECONDED.

 

VOTE: 5-0. 

 

16. PUBLIC WORKS

 

a. REPORT BACK Coordinated Population Forecast 2030-2035.

 

Greg Mott, City of Springfield, said they supported the County adopting coordinated population projections.  He said they are neutral on whether the County should adopt a resolution and co-adopt with each city for the amendments to the citiesí Comprehensive Plans.  With regard to the figures they are choosing, Mott indicated the city of Springfield has no issue on the figures of the formula they used to arrive at nor do they have any objection if the County wanted to take the safe harbor approach.  He said their concern is that they need to have new population projections for them to comply with HB3337.  He indicated the current projection they have doesnít go out for a long enough period.  He hoped the new plan they adopt goes to 2030 or beyond and it is consistent with the recently adopted regional transportation plan to 2031.  He wanted to support the County in any way they can to make it as easy as possible.  He said they need to have a figure and have it for the city of Springfield and Eugene to comply with the law.

 

Kari Connely, stated she represented Oakridge, Creswell, Veneta and Junction City and she was speaking on behalf of Chuck Spies from Lowell.  She recalled that this process began in November 1, 2006.  She indicated there was a letter from Mayor Broeker requesting updating the population forecast and from that date to present there has been time and resources spent on developing a coordinated population forecast.  She said in the interim there were changes in the rules that precluded LCOG from adopting that for the County.  She indicated that the adoption has to be at the County level.  She said the rules are unclear about the timing of the process needed to adopt a coordinated population forecast.  She stated that they all agree it has to occur through a PAPA.  She said adoption of an updated population forecast into the Countyís Comprehensive Plan would satisfy the County of the mandatory obligation under ORS 195.036 to establish and maintain updated population numbers for the County as a whole and for each urban area.  She heard discussions about a safe harbor approach that would satisfy each of the cities and would leave the County with the ability to not take any action.  She stated the safe harbor numbers are not adequate for their cities. She indicated that they have to bring everything into accord with their Comprehensive Plans and their Comprehensive Plans cannot be updated until the County has adopted updated population forecasts into the Countyís Comprehensive Plan.  She recalled that last week the cities, DLCD and County staff met and agreed upon the County moving forward with a legislative PAPA process and it would address citizen concerns.

 

Mona Lindstromberg, Veneta, discussed Kari Connellyís letter.  She said all documentation submitted during the LCOG process is considered too early. She asked when they are going to obtain public process.  She said if Veneta overbuilds capacity and the people donít come then existing residents will be stuck paying for it.

 

Mike Farthing, Eugene, stated he represents Jerry Valencia.  He commented that this is confusing and it was confused by recent changes in the law.  He thought there is a path of resolution that is a win-win: Option A to begin a PAPA for a coordinated population forecast.  He said the reason for the LCOG population forecast is to put it out on the table and for people to comment on the numbers produced to discuss it.  He commented that Ms. Nelson and Ms. Lindstromberg donít want a public process to adopt a coordinated population projection.  He saw a draft resolution that was contrary to Option A.  He said whatever action the Board decides to take, if it is postponed, he believed it is a land use decision.  He thought the Board should have a land use decision that is appealable to LUBA because it affects the cities and their planning efforts.  He said if there is a mandatory obligation and the Board is not doing it, it subjects the Board to a writ of mandamus.  He thought if the Board was going to do anything but Option A that they need to have a public hearing.

 

Mia Nelson, Lowell, noted that Lowell has a current population of 955 and they would have to grow about 20 percent per year to meet the 2001 master plan.  She recalled in 2005 LCOG gave a forecast of 1700 people and a year later Lowell made a new water master plan using the 2030 projection of 2300 people.  She said when it comes the time for Lowell to build the infrastructure that they wonít be able to afford to do it.

 

Lauri Segel, Eugene, Goal One, said her concern is when they do a PAPA, they donít start with a pre drawn conclusion, they start out with a planning commission review that allows the public to vet concerns and issues.  She said there was never any intention of allowing a ground up review.  She thought it was a tainted process and she recommended starting over.  She said the cities growing fast have to do with the sub prime mortgages.  She commented that the statement cities will continue to grow is not true.  She recommended starting with a clean slate and notifying the state of a PAPA.  She said they should start out with the Lane County Planning Commission with a draft that comes from an untainted source and to the Board of Commissioners for a recommendation for final adoption.

 

Matt Laird, Land Management, reported back on the coordinated population forecast work session item as requested by the Board from the February 20 meeting.  He said since receipt of the DLCD April 8 letter, Land Management staff has met with DLCD and the affected cities and revised its original recommendation outlined on the April 9 agenda cover memo with the current supplemental memo. He recalled in December 2006 LCOG began revising the 2005 population forecast at the request of four fast growing cities.  He said in August 2007 the issue was brought to the Board at public comment by Lowell residents and September 2007, the Board heard additional discussion from LCOG and other citizens on the topic of the population forecast.  He said February 2008, the Board reasserted its authority for coordinating population forecasting in Lane County by adopting an order rescinding delegation of population forecasting to LCOG.  He added in March 2008, LCOG delivered the record of proceedings to the Board with a letter recommending adoption of the 2035 population report they produced.  He responded to the Board with options to the coordinated population forecasts to discuss some of the financial considerations and limitations in the Land Management Division and to address specific Board questions.  He said since April 9, he believes there is general agreement among stakeholders to begin a land use process.  He heard from the cities that initiated the discussion that they need to have a population forecast to move forward with their land use planning analysis and the infrastructure planning.  He heard from the citizens that they havenít had a land use process where they have been able to participate.  He recommended that they start with a land use process.  He didnít think they should throw away all the efforts that were done the past year and a half. He thought that should be a starting place.  He added that it would be open for total evaluation by everyone.  He recommended Option A to direct Land Management to begin a land use process and develop a coordinated population forecast to adopt as a PAPA of the Rural Comprehensive Plan.  He stated that they didnít have to adopt a number today.  He indicated that they will be sending out notice to whoever participated in the  past LCOG process and it will be noticed in the paper.  He added that they will hold public hearings in front of the Planning Commission with staff reports that will address all of the criteria.  He said if they find they need certain things reviewed by experts that could include hiring outside consultants.

 

Sorenson previously distributed a resolution that went over the history to lead them up to where they are today. He commented that the LCOG forecast shall not be used for any future forecast.   He said the Board plans on conducting a coordinated population forecast when they perform their next periodic review under the land use planning process.  He noted that anytime anyone wants them to perform a population forecast earlier than the periodic review that they would entertain those requests but they would have to comply with existing Lane Code.  He added that they want to get the word out that it is the perspective of the Board of Commissioners and the County Administrator to transmit this resolution to the cities of Lane County.

 

MOTION: to approve ORDER 08-4-30-12.

 

Sorenson MOVED, Dwyer SECONDED.

 

Green said he found this in his box yesterday. He stated they have a process and resolutions of this magnitude would need to go through some sort of review by Legal Counsel and the Agenda Team for a review.   He didnít remember the fourth whereas as being validated with Winterbrook Planning or ECONorthwest.  He was concerned about the process and the language in the order.  He said prior to adoption, he hoped they would have communicated with the small cities who are most impacted by this.  He said he canít support this.

 

Stewart asked about the Writ of Review and whether this should be postponed.

 

Vorhes noted the Writ of Mandamus was mentioned on the theory that there is a mandatory obligation for the County to adopt.  He took issue that it was a mandatory obligation.  He said there is statutory direction to establish and maintain.  He added there is an administrative rule that says when the County does that, it should be adopted into the Comprehensive Plan and there are new statutes that say the same thing.  He was not sure a Writ of Mandamus would be successful that would compel the County to start into a land use process toward considering legislative amendments to its plan to adopt population figures.  He commented that he doesnít know what LUBA will think is a land use decision.  He noted this is a work session discussion of options to do the land use planning process and choosing not to embark on that process will not get to a land use decision that LUBA will review.  He did not know if reaching the conclusion that it is legally defensible or not was an issue.

 

Stewart was not in support of the motion.  He wanted to give staff direction to start a process.  He heard from the city of Springfield that they are under HB3337. He said that means they have to have a coordinated population number for themselves and the city of Eugene within the near future.  He wanted to start today and address the issues of the concerned citizens.  He commented that they get no where when all they do is do nothing.

 

VOTE: 3-2 (Green, Stewart dissenting).

 

 

b. DISCUSSION AND ACTION/Board Direction Concerning the Land Management Division - Land Long-Range Planning Section Work Program and Revenues During the Fiscal Year 2008-2009.

 

Keir Miller, Land Management, discussed the Long Range Planning Program.  He explained that it is responsible for the maintenance and upkeep of certain elements of the Rural Comprehensive Plan.  He said the Long Range Planning Program is also responsible for the formulation and amendment of land use regulations to implement the Comp Plan.   He added the responsibilities are expressed from the Board of Commissioners.  He noted that each year Land Management submits a work program for the Board of Commissioners.  He commented that this year was different from yearís past.  He recalled in the past they have had 4.5 FTE devoted to long range projects and this year staff is down by 2 FTE.  He said they got past Measure 37 and they were able to do some projects that were pending.  He added that they also completed periodic review and that will free up staff resources 

 

Miller reported for the 2008/2009 Fiscal  Year staff has identified 20 long range planning projects for potential action.  (Attachment B, Copy in file).  He distributed a revised Attachment D, to make it easier to track staffís thinking on the projects.  He said that staff is asking the Board to look through all the projects and rank those as a high priority.    He added that they would have enough staff to address those.  He said for the others, they currently donít have the staff.  

 

Green asked what happens if something else comes up and what they would determine would go away.

 

Howe said he could compile the Boardís scores and bring them back for discussion to get board action.

 

Jim Welsh, Veneta, said he is representing all four Lane County Realtor Associations.  He announced they are having a conference coming up he invited the Board to.  He wanted Lane County to participate as a sponsor.  He asked for some financial contribution.  He noted the city of Eugene has contributed in lieu of money for time and staff in helping organize this conference and so has the city of Springfield.  He said they are looking at land use and transportation issues that have been on the table.  He said the conference will bring as a perspective from outside of the community.  He commented that there is contention around land use and transportation and they thought they could bring a different perspective that might be helpful.  He noted it will be on June 11 at 8:00 a.m. at the Hilton.  He said they will be inviting elected officials, staff and Rob Zako has been a contact and is aware of the effort.

 

17. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

18. CORRESPONDENCE TO THE BOARD

 

None.

 

19. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Stewart adjourned the meeting at 3:00 p.m.

 

 

Melissa Zimmer

Recording Secretary