BOARD OF COMMISSIONERS'

REGULAR MEETING

January 17, 2001

following HACSA

Commissioners' Conference Room

 

Commissioner Anna Morrison presided with Commissioners Bill Dwyer; Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present.  County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.

 

1. ADJUSTMENTS TO THE AGENDA

 

Morrison noted under Consent Calendar, approval of minutes, the following dates were to be added:  September 6, 2000, Regular Meeting, 9:00 a.m.; September 6, 2000, Regular Meeting, 1:30 p.m.; September 27, 2000 Regular Meeting, 9:00 a.m.; November 29, 2000 Regular Meeting, 9:00 a.m. and December 13, 2000, Regular Meeting, 1:30 p.m.

 

Morrison said that Bill Van Vactor was excused to attend a PERS meeting in Salem. and Weeldreyer would be late.

 

2. PUBLIC COMMENTS

 

John Brown, 1260 Charnelton, Eugene, stated his issue was on the Willamette River.  He noted that his Rotary group was trying to adopt the urban area of the Willamette River to make sure that it stays clean and doesnít get polluted.  He said the jurisdictional problem with Glenwood is that the city enforces the land use but they have no enforcement authority.  He asked the Board to be aware of the problem.  He asked County staff if there was a provision to accelerate the process to get the area cleaned up quickly.

 

Morrison stated that this would be passed onto land use compliance.

 

Joe Ferguson, 2130 Daphne St., Springfield,  represented his mother and father-in-law who live on the McKenzie Highway.   He discussed a letter from Jeff Turk regarding the proposed sale of South A.  He noted that South A parallels the McKenzie Highway and was created in a survey in 1949.  He said lots were subsequently sold but it was never filed as a legal subdivision and the street was never dedicated.  He said the problem came up when it was discovered there was no legal dedication and property owners wanted to either build a house or put a manufactured home on the property.  Because of the questionable status of the right-of-way, it was proposed that South A street be sold to them.  He explained it was a situation that created a problem for the people that live there.  He added there is a jurisdictional issue between the City of Springfield (within their urban growth boundary) and Lane County.  He asked the Board to look at either dedicating this as public right-of-way or (as it is) in the Countyís ownership.  He said a second option would be to sell the property to the two property owners that want to put a house up and an agreement that once they have it in fee ownership, they would dedicate it back to the County.  He said the least preferable option would be to direct staff to prepare a deed that includes not only an easement, but recognizes the ability of the people to use that right of way as they develop their properties.

 

Dwyer said they are having problems because the city doesnít want to accept the streets because there are some water problems.  He said Lane County needs to ensure that there is access so people are not impacted by the decision to sell.

 

Nancy Lara, 87786 Sandrift St., Florence, said she bought her home last year and was informed about the flooding problem.  She said as of this month, she understood the drilling would begin to solve the flooding problem.  She was concerned that the permits had not been signed.  She asked the Board to proceed with this.

 

Claude Silva, 87740 Sandrift St., Florence., suggested that Lane Countyís goal should not just be around youth, it should be about all citizens.  He said he ran the pumps during the three flooding years.  He said the County knew this was an area that would flood and they approved the building sites so they needed to assume the responsibility.

 

Gordon Boltz, 45885 Goodpasture Road, Vida,  represented the potential buyers for the property on South A Street.  He explained there was no desire on the part of the buyers to cause a problem to any adjacent property owners.  He added they were willing to dedicate the property back after they buy it.  He noted they had received approval from the City of Springfield, as there is a well on the property and a septic permit issued by Lane County, but they canít get access because no one wants to give them access from the road.  He said they have no desire to own the road.

 

Robert Douglas, 4966 Oceana Dr., stated he has lived at the property since 1992.  He noted in 1982 the area was flooded after the roads were put in.  He said there was a sand hill blocking drainage and they need help with the drainage.

 

David Campbell, 4985 Gulf Settle Court, stated he moved into the area in 1999 with the expectation that the County was responsible for the flooding.  He said he had not seen County workers regarding the drainage but the neighbors did a good job without the expense of going to the County.  He hoped this problem would be taken care of.

 

Jim Branch, 310 5th Street, Springfield,  stated he was the project engineer for the Idylewood subdivision site.  He noted that Benedict had agreed to satisfy the Countyís concerns along north Jetty Road and most of the conditions of the County.  Branch stated that Benedict would prefer to have the time period for maintenance after construction reduced from five to two or three years.  He said on wording of the easement, he requested language that said:  ďgenerally centered over the pipe.Ē  He added they wanted to revise revision 4, truck access to locations that are needed for maintenance of the system.  He noted the system to be built included manholes that would be accessible by Lane County maintenance.

 

Morrison asked Branch how he wanted revision 4 worded.

 

Branch responded that they would reword it to provide truck access to clean outs and manholes, to properly clean and maintain the system, as required by Lane County maintenance.

 

Branch explained the benefits of the system include prevention or reduction of flooding in Lane County roadways and residences in several subdivisions.  He added there is the potential of high water impact affecting septic systems.  Branch noted that not only would Benedict finance the entire project (and provide all the necessary easements) he would also correct the existing drainage problem at North Jetty Road.  Branch said that Benedict would complete the system at no cost to the County and the maintenance in the future would be small.

 

Gene Benedict, 27962 Ward Lane, Eugene, stated he bought the land for the Idylewood project in 1978.  He said they had a water table problem in 1982.  He said for building permits, they were required to build 24 inches above the grade of the road and there was no problem until the winter of 1996.  He said they had a plan to pump the water toward the lake that was turned down.  He said what they are proposing is a maintenance free solution (at no cost to the County).  He didnít want to be committed indefinitely for the maintenance of this and thought three years was a good time for the system.  He noted the homeowners live on a county road and have no reason to collect money for a maintenance plan.  He said he had spent over $100,000 since the spring of 1996 to come up with a maintenance free gravity flow.  He noted if he couldnít come up with a solution with the County, that the homeowners would have no alternative but to seek litigation against him and the County.

 

3. EXECUTIVE SESSION as per ORS 192.660

 

To take place in the afternoon.

 

4. COMMISSIONERS' BUSINESS

 

a. REPORT BACK/Progress Report for External Audit on Audit for Surveyor's Department.

 

Wilson reported they delivered a draft RFP to the Finance and Audit Committee.  She explained the area that the Board may want to focus on would be the description of the nature of services required.  She noted that Finance and Audit had reviewed that matter and directed her to move forward.  She added the final report should be prepared by mid-summer.

 

5. COUNTY ADMINISTRATION

 

a. Announcements

 

None.

 

6. PUBLIC WORKS

 

a. DISCUSSION AND ACTION/Accepting Ownership of a Public Drainage Easement in Idylewood Subdivision First Addition.

 

Ollie Snowden, Public Works,  reported the streets in the area are primarily County roads.  He said Mr. Benedict built the streets and the subdivision plans were reviewed and approved by Land Management.  He noted a number of years ago flooding happened with rising of the groundwater in late spring.  He added that Benedict tried pumping the water into the ditches along Cloudcroft.  Snowden reported they received complaints from homeowners, and instructed Benedict to stop pumping.  He said that Benedict was issued a permit to construct a culvert under Saltair Street and construct the remaining 1900 feet of a 12-inch pipe.  Snowden agreed that his part of the permit would allow Benedict to discharge into the North Jetty Road ditch, and that he will either construct or pay the County to put a pipe down across Leah Pattonís property so they are entirely contained within the right-of-way.  He said there were no issues on North Jetty Road.

 

Snowden said if they were to maintain this, they would need another access point and with the approval of Idylewood Third Division, there is a 20-foot access easement included in the subdivision plat.  He said if Lane County is to retain ownership, it needs to be a Board Action and Lane County needed to have the utility dedicated to the public and accepted by the County.  He noted that Benedict had proposed that before he builds the easement, he wanted a commitment from the County that they would take the ownership and maintain the pipe.  Snowden said they put conditions on it and if those conditions are met, then he expected Public Works to maintain it at minimal expense.

 

Green asked if they had ever had this situation before where these types of conditions were placed on the developer.

 

Snowden responded he was not aware of any.  He said there is a problem on County roads that the County didnít create.  He noted the County approved the subdivision.  He said in going forward,  Lane County needs to require a drainage study on this to make sure they donít continue to create problems like this in the future.

 

Sorenson asked if the solution of a gravity pipe would work.

 

Snowden responded that Branch Engineering stated it would work.  He suggested that they have an establishment period that would allow them to observe it under high rainfall conditions to ensure that it works and that is why he suggested a time frame of five years.

 

Dwyer said that the County was responsible as Land Management did not perform the appropriate review.  He said the County has a responsibility to its citizens and the problem needed to be rectified.

 

Green concurred with Dwyer on resolving the problem.  He disagreed that Land Management did not perform an appropriate review.  Green said he would be willing to look at the options to rectify this. He was supportive of a motion that would meet Mr. Benedictís needs as well as keeping the Countyís responsibilities clear and concise.

 

Morrison reiterated that Option 2 agreed to accept ownership of the pipe under different conditions.  She noted the different conditions were changing it from five years to three years; for item 3, and changing the centering over the pipe and item 4, regarding providing truck access.

 

Snowden noted the agreement would have to go through legal counsel and it could be put on consent calendar for approval.

 

Wilson asked how long it would take before the system would need replacing.

 

Snowden responded it should last for at least 20 years.

 

Wilson noted that by accepting this, the County would be taking on the responsibility of replacement.

 

Morrison was agreeable to the recommendation.

 

Snowden said the County needed to require drainage studies before the subdivisions are approved and if the drainage studies for the new subdivisions indicate they want drainage, they would expect an analysis from the engineer indicating the 12 inch pipe was capable of handling it.  He said, if not, the new developer should pay for capacity expansion.

 

Morrison reported there was an overall effort-taking place in the Florence area because there are subdivisions that are also experiencing the same issues.  She said there were three different engineering companies that are doing a storm drainage plan in the Florence area and that is being addressed so that future development will take care of this issue and a plan that would be in place.  She wanted Snowden to move forward with this.

 

MOTION: to direct Snowden to capture the sentiments of the Board (subject to legal counselís review of the contract and work of Gene Benedict) and to bring this for review and approval on the consent calendar.

 

Green MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

Snowden noted they have to check the status of the drainage that was in the most recently approved subdivision.  He added they also had to obtain a legal description of the new easement and that has to go before the Board.  He said the only issue was the three to five year establishment period.  He recommended three years.

 

Morrison noted for clarification purposes that the Board agreed with the plan that Benedict had outlined and staff will work out the particulars with the parties so they have all the legal pieces in place.  She added the overall concept had been approved.

 

b. ORDER 01-1-17-1/In the Matter of Amending the FY 01-05 Capital Improvement Program (CIP) to Add Realignment of McVay Highway as a County Project in 2003.

 

Snowden reported that several months ago he came to the Board to discuss the development.  He noted the Board wanted some type of brokered agreement between the Oregon Military Department and ODOT to make sure that the money spent on the armory was done in such a way that it wouldnít increase ODOT expenditures.  He said the Military Department needed to prepare a traffic impact study for the facility as part of its plan amendment.  He noted that the County would allow the armory to take access at 30th Avenue and Eldon Shaeffer Drive only so long as that access point was part of the future McVay Highway realignment.  He said if that would not take place, they were suggesting that the armory would have to take access off of McVay Highway.  He added that ODOT was not willing to build the McVay realignment.  He passed out a drawing  prepared by ODOT showing the proposed armory location in the future.  (Copy in file).  He noted there was still  no interchange refinement study done.  He said they agreed that Bill Seider would look at the ability to move the armory a little to the west so that ODOT could preserve the alignment for the southbound offramp.  He noted that ODOT would agree to the alignment of McVay Highway as an interim treatment as it would improve the operation of the whole Lane Community College area.  He added they wanted to do it under a memorandum of understanding that recognizes this being an interim treatment and commits the County to work together with ODOT at some future date to realign Eldon Scheffer Drive and McVay Highway.

 

Weeldreyer asked about the wetland impacts with the realignment.

 

Snowden responded there would be a great impact.  He asked for the Board to amend the CIP to add this project back into the Countyís CIP in 2003.  He included construction costs and said he didnít know what the wetland impacts would be. He said the armory would build its project in 2002, and the County would build the rest of it in 2003.  He added that ODOT would transfer ownership to the County at that point.  He thought it would be a good project as it was treating an existing safety problem.

 

Weeldreyer asked if there was a way to include a solution for Bloomberg Road so they didnít have to deal with heavy traffic when LCC was in session.

 

Snowden responded that a majority of the people didnít want it because it would have been a cut through for LCC traffic.   He said it was not a day long problem and it didnít meet signal warrants.  He noted the Board could direct them to put in a signal.

 

MOTION: to approve ORDER 01-1-17-1.

 

Dwyer MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

c. DISCUSSION AND ACTION/Establishing a Stakeholder Group for the Irvington Drive Construction Project.

 

Snowden stated that Irvington Drive was in the CIP for improvement in 2002-2003.  He said the project had been in the CIP 15  years ago and it was so controversial that they had to drop it.  He asked the Board to assign a stakeholder group that dealt with user issues ahead of time.

 

MOTION: to approve the development of a stakeholder group.

 

Dwyer MOVED, Weeldreyer SECONDED.

 

VOTE: 5-0

 

7. CONSENT CALENDAR

 

A. Approval of Minutes

July 5, 2000, Regular Meeting, 9:00 a.m.

August 30, 2000, Regular Meeting, Following HACSA

September 6, 2000, Regular Meeting, 9:45 a.m.

September 6, 2000, Regular Meeting, 1:30 p.m.

September 27, 2000, Regular Meeting, Following HACSA

November 29, 2000, Regular Meeting, Following HACSA

December 13, 2000, Regular Meeting, 1:30 p.m.

 

B. Health and Human Services

 

1) RESOLUTION AND ORDER 01-1-17-2/In the Matter of Appropriating an Additional $126,889 in Revenues and Expenditures in Fund 286 in the Department of Health and Human Services (34) for Services to Individuals with Alcohol/Drug Abuse Problems (FAGA 20-001, RGA 54).

 

2) ORDER 01-1-17-3/In the Matter of Appropriating an Additional $20,005 in Revenues and Expenses in Fund 286 in the Department of Health and Human Services (34) for Services to Individuals with Gambling Addiction Problems.

 

C. Management Services

 

1) ORDER 01-1-17-4/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Jennifer Dewahe-Stoeneburg and Anthony Morse (Map #17-02-36-30-00101, Commonly Known as South "A" Street, Springfield)

 

D. Public Works

 

1) ORDER 01-1-17-5/In the Matter of Awarding a Contract to Lucas Truck and Equipment Sales, Inc., in the Amount of $134,645.50, with One (1) Trade-In, for the Purchase of Two (2), New 6X4, Diesel-Powered Truck Tractors, Contract No. FY00/01 FS-04.

 

2) ORDER 01-1-17-6/In the Matter of Appointing the Investment Manager of the Oregon State Excess Fund as Attorney-in-Fact for Lane County in a Limited Capacity and Authorizing the County Administrator to Sign the Power of Attorney.

 

Dwyer requested that item 7. C. 1) be pulled.

 

MOTION: to approve the balance of the Consent Calendar.

 

Dwyer MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

C. Management Services

 

1) ORDER 01-1-17-4/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Jennifer Dewahe-Stoeneburg and Anthony Morse (Map #17-02-36-30-00101, Commonly Known as South "A" Street, Springfield)

 

Jeff Turk, Management Services, explained the matter concerned  what is commonly known as South ďA Street in Springfield.   He noted it was not a public right of way and was never dedicated or accepted as a public road, it was set up as a survey in 1949.  He added there had never been any formal process to dedicate the area as a subdivision or to dedicate the roads.  He noted in 1956 the Board dedicated South 79th Street as a public road.  He said in 1963 the County did a tax foreclosure on South A and South C Street.  He added the research showed that in 1968, the County dedicated  South C Street as a public road.  He couldnít find any indication of anything being done with South A  Street.  He said in 1998, when he became aware of the status of the road, he sent a letter and the City of Springfield stopped issuing development permits to the property owners.  He suggested making it a public road, giving the property to the property owners.  He noted there was discussion with John Goodson, Public Works, and the City of Springfield on trying to resolve this issue.  He added that the County Planning Transportation Department was supportive as the area was within the City of Springfield.  He said there are property owners who were being denied development permits because it wasnít a public road.

 

Turk noted there was a stalemate between the two public works departments.  He proposed that the County sell to Jennifer Dewahe-Stoeneburg the property and that she grant easements to all property owners to ensure they would have access and prevent the same thing from happening to other property owners.

 

Lloyd Holtcamp, Public Works, reported they have a development review for anything that occurs in the urbanizable area in the urban growth boundary. He said the reason they were going with a private easement was it was the original intent so all private owners that use the road now would be able to use in the road in the future.  He noted the road now is a gravel road and the City of Springfield has an internal pubic works policy to not take over any roads that were not brought up to their urban standards (full curb, gutter and sidewalks).  He said the intent was to get these streets into the city.  He noted when they annex properties, they leave out the right of ways.  He suggested expediting this matter, making it as a private easement with access available to all property owners.  He added if they wanted to pursue a public right of way dedication at a later time, they could discuss how that could occur.  He said they could try to get an agreement with Springfield to take this over once properties are annexed along side the road (that was deleted from the current agreement).

 

Dwyer asked what scenario would expedite this process and not cause further delay.  He said it should be a public right of way, as people need to have access.

 

Holtcamp responded he was agreeable to private purchase of the property with granting of easements for access.

 

Dwyer stated with that provision he would approve this.

 

MOTION: to approve ORDER 01-1-17-4.

 

Dwyer MOVED, Weeldreyer SECONDED.

 

Turk stated in reviewing the Board order, some things may need to be added to the deed as far as the purchasers either dedicating it at a future date or at no cost. He didnít want the easement granted and the property back in tax foreclosure.  He wanted to obligate the purchaser to consolidate it with their existing tax lot for tax purposes.  He noted that once easements are granted, it removes the incentive to pay taxes.

 

Wilson recommended approval with direction to staff to prepare an appropriate deed that reflects that.

 

VOTE: 5-0.

 

8. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

9. EMERGENCY BUSINESS

 

None.

 

There being no further business, Commissioner Morrison recessed the meeting into Executive Session at 11:10 a.m.

 

Melissa Zimmer

Recording Secretary