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December 16, 1998
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
11:00 a.m. - Harris Hall Main Floor

Commissioner Steve Cornacchia presided with Commissioners Ellie Dumdi, Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.

8. COUNTY ADMINISTRATION

a. Announcements

None.

b. ORDER 98-12-9-19 Authorizing an Intergovernmental Agreement with Heceta Water District and City of Florence Regarding the Clear Lake Watershed, and Delegating Authority to the County Administrator to Sign an Agreement.

Pulled, to be heard on December 28, 1998.

9. PUBLIC WORKS

a. ORDER 98-12-16-4 Adopting Findings of Fact, Conclusions and a Final Order in the Appeal of the Hearings Official Decision Affirming the Planning Director's Approval of a Special Use Permit to Allow a Dwelling Within an Impacted Forest Land Zone District (F2, RCP) on a Parcel Identified as Tax Lot 800 of Assessor's Map 19-04-05 (PA 4375-92, Norman Fogelstrom).

b. ORDER 98-12-16-5 Adopting Findings of Fact, Conclusions and a Final Order in the Appeal of the Hearings Official Decision Affirming The Planning Director's Approval of a Special Use Permit to Allow a Dwelling Within an Impacted Forest Land Zone District (F2, RCP) on a Parcel Identified as Tax Lot 802 of Assessor's Map 19-04-05 (PA 4374-92, Norman Fogelstrom).

Bill Sage, Land Management, reported that on November 12, 1996, the Board made tentative decisions on both of the applications. He said at that time the Board elected to approve the applications, deny the appeals and adopt the interpretations that the Hearings Official had crafted. He stated the findings and order reflected and described the actions on that date. He added at that time there were four commissioners that sat on the Board (one member joined the Board and was provided all tapes and information in order to qualify to vote today) and they recommended approval of the orders.

Sorenson said he was provided with the audio tapes from 1995 through 1996 and had no personal or financial interest in the matter and had no conversations with anyone in the matter. He stated he would not be participating on the decision because he hadn't heard all of the tapes.

MOTION: to approve ORDER 98-12-16-4 and ORDER 98-12-16-5.

Dumdi MOVED, Green SECONDED.

VOTE: 4-0 (Sorenson abstaining).

c. RESOLUTION AND ORDER 98-12-9-16 Approving a Project Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties for Improvement of Jasper Road Extension Between Main Street and Jasper Road.

Ollie Snowden, Public Works, reported at the December 9 hearing, the Board was given a packet that included design concepts and findings that were recommended by the Roads Advisory Committee on this issue and the request for the Board is to approve either that design concept or a modified design concept for the Jasper Extension. He said the Board wanted more information on the Wildish property, berms, sound wall issues, railroad crossing and traffic signals.

Snowden gave a report using an overhead projector with a computer simulation regarding the traffic signals. He said his concern is about adequate gaps in the through traffic on Jasper Extension for pedestrians or cross-traffic to move across the road. He said with regard to the berm and sound wall, when talking about stripping material for berms, they are berms that may be six feet in height, not high enough to serve for any sound prevention. He said berms may be ten feet high within the existing right-of-way, but in order to do that, they would have to generate the material from the road excavation itself. He said that would add cost to the project, beyond the money that is committed. He added people associate lower sound levels with vegetation. He said the City of Springfield recommended no sound wall. He said they can use the top soil to do berming, but it won't be very high or an effective sound wall.

Snowden said with regard to Wildish, the land is in sand and gravel designation, but it is currently zoned as EFU and there would be a process they would have to get clearance to mine sand and gravel. He said it was his understanding that that process would be streamlined. He said the County would take about 8 acres. He said Wildish has two issues they expressed, the loss of the resource designation and maintaining access from the remainder of their lands to Jasper Road. He said it is the County's intent to work with them on access that is acceptable for everyone.

Snowden distributed drawings on the railroad issue (copies in file.) He said there is an issue about what Springfield is recommending in terms of sidewalks, bikeways and what the Roads Committee has recommended. He said the difference is a site that Union Pacific uses to allow trains to pass one another. He said there could be an experiment with some type of advance warning sign at the crossings. He said the solution is to come up with money for an overcrossing. He stated when a decision is made, he has a replacement page showing the sections that can be inserted in the packet that will cover the decision on the design concept. He said he had questions about the future alignment of the overcrossing, section D 2 or D 3.

Cornacchia mentioned the speed issue. He said he is convinced that the urban section needs to have a lower speed limit than 55 miles per hour. He said access is being created (not a speedway) and wanted to have a speed limit of 40 miles per hour.

Snowden replied is it not a low volume road, it is under the control of ODOT in terms of speed zoning. He said the speed limit will probably operate at about 45 miles per hour.

Cornacchia asked what Snowden needed for direction.

Snowden replied he would need a motion supporting the design concept as approved by the Roads Committee, amended to include the City of Springfield's recommendation for the setback sidewalks and any direction to D2 or D3 alignment.

MOTION: to approve ORDER 98-12-9-16 as stated by Ollie Snowden.

Weeldreyer MOVED, Dumdi SECONDED.

Cornacchia stated he would also like a confirmation letter to Wildish as to the direction they have been given to find a mutually acceptable access resolution. He added the motion carries with it an off-street pedestrian bicycle path, lower speeds, direction for D2, no stop lights (other than what is planned), and installing berms when they can. He added he wanted John Goodson to send a letter to the Wildish Company.

VOTE: 5-0.

10. CONSENT CALENDAR

A. Approval of Minutes: November 16, 1998, Joint Elected Officials' Meeting, 6:00 p.m.

B. Management Services

1) ORDER 98-12-16-6/In the Matter of Approving the Assignment of Purchaser's Interest in an Option to Purchase Agreement for Surplus County Owned Real Property Identified as Map No. 17-04-26-221-00800 (Adjacent to 595 Hwy. 99N, Eugene).

2) ORDER 98-12-16-7 Award of Bid LCP 98/99-06 for Requirements Purchase of Janitorial Services for 1897, 1901 and 1907 Garden Avenue, Eugene; 540 Oak Street, Eugene (Child Care Facility) and 220 5th Street, Springfield (Central Lane Justice Court).

C. Public Works

1) ORDER 98-12-16-8 Entering into a Utility Agreement with Lane Electric Cooperative to Supply Electricity to the Wolf Mountain Radio Repeater Site.

2) FINAL ORDER 98-12-16-9 The Alteration of a Portion of County Road No. 200 (Commonly Known as River Road) from Park Avenue to Corliss Lane Being Located Within Sections 13, 14 and 24, Township 17 South, Range 4 West of the Willamette Meridian.

3) RESOLUTION, NOTICE OF HEARING AND ORDER 98-12-16-10 Setting a Public Hearing Date for the Proposed Vacation of Lane County's Interest in the McFarland Cemetery Property Located in the Northwest Quarter of Section 28, Township 20 South, Range 3 West of the Willamette Meridian in Cottage Grove, as Described in Book 106, Page 133, Lane County Oregon Deed Records, to the Cottage Grove Historical Society (20-03-28-20-1400) (Public Hearing: February 10, 1999).

4) ORDER 98-12-16-11 Entering into a Cooperative Improvement Agreement with Oregon Department of Transportation (ODOT) for the Pacific Highway West 99W Overlay Project.

MOTION: to approve Consent Calendar.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

11. COUNTY COUNSEL

a. ORDER 98-12-16-12 The NACO and ICMA Deferred Compensation Plans.

Terry Wilson, County Counsel, reported that these are the two deferred compensation plans as a result of tax law changes. She added in order to continue the tax benefit of deferring compensation, there needs to be changes to the plan by January 1, 1999. She said the County becomes the trustee of the assets of the deferred compensation plan. She said it becomes a higher level of fiduciary responsibility and there will be need for ongoing advice in implementing this transfer to a trust. She said the County Administrator is given authority to make the necessary amendments as needed.

Van Vactor added that the amount in the NACo Deferred Compensation Program for Lane County is $25 million and it is a significant long term investment on behalf of Lane County's employees.

MOTION: to approve ORDER 98-12-16-12.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

12. EMERGENCY BUSINESS

ORDER 98-12-16-16 Approving an Intergovernmental Agreement with the State of Oregon National Guard for Acquisition of the Armory Site Adjacent to the Juvenile Justice Center

Wilson reported this is an intergovernmental agreement between the National Guard and the County that would result in the County paying $1.9 million and receiving title to the National Guard site that is next to the Juvenile Justice Center. She added the agreement is tied to the appraised price of the National Guard site and the appraisal has not yet been completed. She said the Guard is willing to look at the agreement and put a cap on it with the understanding that if the price comes in below $1.9 million, the County will pay less and if it comes in higher, the Guard is prepared to look at what other monetary value they have in arriving at a new site. She said the County will not pay more than $1.9 million. She added the transaction would take place in two steps, the first step would be a down payment that would provide the resources necessary for the Guard to fund acquisition of the new site so they can get on with the design process and seeking the congressional appropriation for construction of a new Armed Forces Reserve Center. She said the second payment would be made when they actually receive the congressional appropriation and at that time, the County would take title to the present site and lease it back during their construction period. She said it would let the County know where it will be able to place its work training center. She added if congressional appropriation doesn't occur by December 30, 2002, the County undoes the transaction.

Lt. Colonel Jim Lyman, Director of Installation, Oregon National Guard, stated the National Guard Bureau requires that they have Title to property prior to them receiving the design funds and it is difficult to design a project unless they know where it will go. He said they need to have the property identified and acquired and they are ready to move forward with the design.

Van Vactor stated the only downside is that there will be a change with the Board of Commissioners and it will be brought to the Board in January. He added the National Guard voiced their concern about negotiations with the property owner near Lane Community College and the need to get the 35% design by a certain date. He said there is one clause in the contract that causes concern, if the value comes in at over $1.9 million, and the National Guard can't make up the difference, he would not execute the agreement until they know it is within a number that is achievable.

Weeldreyer praised the staff of the National Guard for all of the time that went into the document and for its creativity and flexibility. She said she will be a "no" vote because she represents the area and the residents that live on Fir Cove and Bloomberg Road and with the major traffic issues at the 30th Avenue intersection with Interstate 5. She said she was disturbed about the site the National Guard had chosen to locate, the fact that it will have a significant impact in an already congested corner at McVey Highway and 30th Avenue and it will impact the residents and wetlands that are located on the back parcel.

MOTION: to approve ORDER 98-12-16-16.

Green MOVED, Dumdi SECONDED.

VOTE: 4-1 (Weeldreyer dissenting)

There being no further business, Commissioner Cornacchia recessed the meeting until 1:45 p.m.

Melissa Zimmer
Recording Secretary

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