BOARD OF COMMISSIONERS'
November 6, 2001
Following Public Hearing
Commissioners' Conference Room
Commissioner Anna Morrison presided with Commissioner Bill Dwyer, Bobby Green, and Peter Sorenson present. Cindy Weeldreyer was present via telephone. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
There will be an Executive Session, time certain at 11:45 a.m. and item 10. e. was pulled until December 6.
2. PUBLIC COMMENTS
3. EXECUTIVE SESSION as per ORS 192.660
(Commissioners' Conference Room)
To take place at 11:45 a.m.
4. COUNTY ADMINISTRATION
Van Vactor announced there was a meeting of the regional managers today that he would be attending.
5. PUBLIC WORKS
a. THIRD READING AND SETTING FOURTH READING AND DELIBERATION/Ordinance PA 1164/In the Matter of Amending the Lane County Rural Comprehensive Plan to Revise the “Significant Mineral and Aggregate Resources Inventory”, Redesignate From “Agriculture” to “Natural Resource: Mineral”, Rezone From “E30/Exclusive Farm Use” to “SG/Sand, Gravel & Rock Products” and Allow Mining For 575 Acres of Land Pursuant to Lane Code 16.400 and 16.252 and the Goal 5 Oregon Administrative Rules (OAR 660-023); and Adopting Savings and Severability Clauses (File PA 99-5996; Eugene Sand & Gravel).
Tom Lanfear, Land Management, reported this item came back so the Board could discuss a time to hold deliberations. He noted the record was closed and the Board had received copies of everything that had been submitted. He said staff was reviewing the submittals and they could be prepared for the Board’s deliberation for December 4. He announced the complete record had been placed in the Board Secretary’s office for their review and it was up to the Board as to when they wanted to set a date for deliberation.
Morrison asked if they could vote on this matter today.
Lanfear said there was nothing to prevent the Board from taking action, but they wouldn’t have the staff analysis of the materials submitted since the public hearing.
MOTION: to approve a Third Reading and Setting a Fourth Reading and Deliberation for Ordinance PA 1164 on December 4, 2001.
Dwyer MOVED, Green SECONDED.
b. ORDER 01-11-6-1/In the Matter of Electing Whether or Not to Hear an Appeal of a Hearings Official's Decision Affirming the Planning Director's Approval of a Site Review Permit for a National Guard Armed Forces Center and Organizational Maintenance Shop (File PA 00-5806/Oregon National Guard).
Morrison stated the Oregon Military Department pulled this item due to legal action.
Wilson explained the Oregon Military Department had filed a petition for an alternative Writ of Mandamus in Circuit Court. She noted filing of the petition removes jurisdiction from the Lane County Board of Commissioners and places it with the Circuit Court in a legal proceeding.
Sorenson asked what the requested relief the state was seeking by their lawsuit against Lane County and the Russell Creek neighbors.
Vorhes said they asked for the issuance of a Writ to the County to issue a site review permit consistent with the Lane County hearings officer’s decision of October 16, 2001, or in the alternative, appear to show cause why that had not been done.
Sorenson asked if the Board could have this item put back on the agenda.
Vorhes responded the Board might not be in a position to take action on whether or not to hear the appeal.
Dwyer asked if LUBA was out of the process.
Vorhes said as long as the Circuit Court retains jurisdiction, LUBA had no jurisdiction over a decision made by the Board or County, if it was made pursuant to an order of the Circuit Court.
Sorenson asked if it meant the Board was forced to take Option 2.
Vorhes said it would depend on what the Court said. He said if the order is to approve the permit consistent with the hearing official’s decision it would be an action to conform to the order of the Court.
c. DISCUSSION/Capital Projects Partnership (CaPP).
Tom Stinchfield, Public Works, stated this was a work session in preparation for a Public Hearing on November 28, 2001 at 1:30 p.m. on the Capital Partnership Program (CaPP) and a subsequent decision meeting for December 12, 2001. He noted the Board packet contained a summary of the Roads Advisory Committee Public Hearing held on September 28, 2001 on all applications that were received, and a recommendation from the committee on the projects at the meeting of October 24. He noted the staff report for that meeting recommended that 12 of the 16 applications be approved, totaling $8.750 million. He added there were $19 million in applications.
Stinchfield noted the Roads Advisory Committee did three things that varied from staff recommendations. He said they dropped the Florence project on Second Avenue and put a footnote on the Creswell project appropriate to limit the County participation in the bike pedestrian overpass to $300,000 (as requested). He said that project had a total cost of $1.1 million with $800,000 coming from the Oregon Transportation Investment Act Program (HB 2142). It was tentatively approved at the Region 2 level, but had not been approved by the Oregon Transportation Commission. He added the third project they commented on was the Broadway reopening project with a footnote: “The Roads Advisory Committee recommends that the County staff develop a reduced cost for this project that is based on typical County design standards.” He said staff recommended that the project in Cottage Grove (Highway 99 at Harrison Street traffic signal project) increase in the amount of that project by $150,000 to a total of $345,000 because they expect increased railroad-crossing costs.
Stinchfield announced they were working with City of Eugene staff to analyze their cost estimate for the Broadway project. He noted another issue was which projects would be recommended for county contracting and which contracted by the other agencies. He explained the action the Board takes in early December to approve these would be an order that modifies the CIP list. At that time they would recommend either listing them in construction by County contracting (like most projects) or in the payment to other agencies category.
Dwyer said the Board wanted to vitalize downtown, not cripple it. He said the Board should help the City of Eugene reopen Broadway and do whatever they need to do to revitalize downtown. He said they have to work collaboratively to $1.6 million (or whatever is required) to do the project the correct way.
Weeldreyer said that Lane County has an obligation to be a partner with the City of Eugene to open Broadway. She didn’t want fancy design features. She stated if the city wanted those treatments for economic development revitalization purposes, then the city should use its budget for that. She said they could agree on what would be a fair contribution to cover the base costs of reopening it. She was willing to provide money for the reopening of Broadway. She said the biggest blow to the City of Eugene Downtown was when they started charging for parking to recover costs with parking at other malls being free. She didn’t think that would give all of Lane County the greatest return for its investment.
Snowden noted the Roads Committee estimated the project was a quarter mile long, or $6 million per mile. He said if the Board wanted to go with $1.6 million, it would be helpful to give direction on monitoring the expenditures that the City has.
Sorenson stated the Lingo Lane/Highway 99 intersection is dangerous and an important project. He added that Highway 126 at Thurston Road intersection is also dangerous. He said it was important the County play a role with all cities in the increase of money.
Green said he would look for consistency with other projects, related to road dollars, including the same process. He wanted it consistent with federal legislation and language on appropriate use.
Dwyer suggested giving the City of Eugene the $1.6 million, with the IGA stipulating it is used for only those items under the law.
Morrison concurred with Weeldreyer on not doing anything "fancy" with Lane County’s money. She said the idea was to get pavement installed. She was not opposed to the Broadway project, but to paying for things that are not necessary.
Green wanted staff to work with the City of Eugene to get maximum use.
Sorenson wanted to give the City of Eugene $1.6 million and have them certify that the money is used in compliance with Oregon law.
Snowden noted the costs were preliminary. He said it was possible the bids could come in lower and if that were the case, he wanted direction on whether they want the County’s $1.6 million to support private money, or if they want to pay proportionately if the bids come in low.
Morrison asked what would happen if the bids were higher.
Snowden responded they would have a contract with an amount not to exceed $1.6 million dollars, irrespective of the final bid.
Dwyer favored the second option, specifying that the amount of money they give the City of Eugene, (not exceeding $1.6 million) be used only for road fund- eligible elements, going forward, and noting the comments about parking.
MOTION: to approve the second option, specifying that the amount of money to the City of Eugene does not exceed $1.6 million and it is used only for road fund- eligible elements, and the comments that were made about parking.
Dwyer MOVED, Sorenson SECONDED.
Stinchfield noted that they recommended to the Roads Advisory Committee that the Broadway project be funded. He said the committee discussed this and put the footnote on it. He said they could look at the estimate the City has and let the Board know how things compare.
Dwyer said the conflict was how they would solve parking problems if the goal were to reopen Broadway and revitalize the area. He noted there was no reliable transportation system that is countywide. He added the challenge to the study is how they would designate an area to be related to economic development and how long people could park without cost. Also, if it was a detriment to the alternative transportation plan, how to offset the loss of revenue.
Weeldreyer concurred with Green on building the project (providing it is reasonable) as opposed to fixing a dollar amount.
Snowden said he understood the motion to mean that Public Works would review the City of Eugene’s payments to the contractor on a line item basis to make sure the items were road fund-eligible. He noted they would look at the legislative intent of this discussion when they review the costs with the city. Also, the Board’s intent would be to be a partner within the constraints of Article 9, Section 3 a.
Green asked about detail in the funds for the Creswell Pedestrian Bike Bridge.
Stinchfield recalled the whole project was $1.1 million and the HB2142 discussion hadn’t occurred yet. He said that Creswell’s comp plan and how they were developing created part of the situation. He said they thought the County funding the whole thing was appropriate. He said they agreed the County should participate.
Snowden said that the project was capped at $800,000, and ODOT said if there were cost overruns of the projects, the local agencies have to pick up the difference. He said that Lane County would go into the IGA with $300,000 capped.
d. ORDER 01-11-6-2/In the Matter of Reappointing One Member to the Resource Recovery Advisory Committee.
MOTION: to approve ORDER 01-11-6-2, approving Betty Tumlin.
Weeldreyer MOVED, Dwyer SECONDED.
6. COMMISSIONERS' ANNOUNCEMENTS
Green announced he would be attending a conference in San Antonio, Texas on the Coalition of Juvenile Justice National Conference.
Sorenson stated he wouldn’t be able to attend the meeting in Lowell, as he would be attending the Bus Rapid Transit meeting. He added he would be attending the Metropolitan Policy Committee.
Morrison explained that the maps for the reapportionment would be placed on the walls of the Board of Commissioners Conference room.
Dwyer announced there would be a joint meeting in Lowell tonight.
Sorenson noted the Scenario A modification option showed that it was an illegal redistricting because of the variation in the population.
Dwyer said he had no problem with Scenario A modifications going forward.
Wilson noted she could legally defend five percent and the Board could do a minor change that would bring the Springfield District down.
Weeldreyer suggested having the South Eugene District go up to I-105, taking in Autzen Stadium and Chase Gardens.
Sorenson noted that would reduce the size of Springfield, but increase South Eugene.
Wilson stated she could ask Van Bloem about the variations, with the change Weeldreyer suggested.
Morrison stated she received a draft proclamation regarding Geography Awareness Week. She said she didn’t know where it came from or what she was supposed to do with it.
Sorenson suggested presenting this in conjunction with Dr. Loy’s presentation.
Weeldreyer announced the Lane County Planning Commission was having a meeting on the proposed ordinance for Cell Phone Towers.
7. EMERGENCY BUSINESS
8. REVIEW ASSIGNMENTS
9. EXECUTIVE SESSION as per ORS 192.660
(Commissioners' Conference Room)
10. PUBLIC WORKS - (CONTINUED)
e. ORDER 01-11-6-3/In the Matter of Amending Chapter 15 of Lane Manual to Require Engineer Certification of Facility Permit Compliance (LM.15.565).
There being no further business, Commissioner Morrison recessed the meeting until this evening at Lowell.
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