APPROVED 10/4/95

June 21, 1995
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 1:30 p.m.

Chair Ellie Dumdi reconvened the meeting at 1:38 p.m. with Commissioners Steve Cornacchia (1:40 p.m.), Bobby Green Sr., Jerry Rust and Cindy Weeldreyer present. Leslie Barrett, Recording Secretary.

Dumdi responded to a question regarding when the Board next met stating that Wednesday, June 28 was the next scheduled meeting. In the following week, the Board will meet Wednesday, July 5. Following that, there will be two weeks of downtime, with the next meetings scheduled on July 27 and July 28.

10. PUBLIC COMMENTS

None.

11. YOUTH SERVICES

a. ORDER 95-6-21-17/In the Matter of Providing Road and Utilities Access to Looking Glass Family Services Inc. for the Proposed McKay Lodge to be Built on Land Leased by Lane County From the State of Oregon.

Chuck Ryer, Youth Services, and Jim Forbes, from Looking Glass, were present to speak with the Board seeking direction from the Board on a timing problem with the Juvenile Justice Center. Ryer continued that a year ago land was leased from the State (to the east of the National Guard Armory) for the siting of McKay Lodge (formerly Steppingstone Lodge) with the intent to sublet the property to Looking Glass for them to construct a building utilizing their funds.

Ryer indicated the "stuck point" is vision with Skipworth’s lease from the State that says road and utilities access to that property cannot cross State land, which sites Looking Glass on an "island" with no way to get to them, at this point. Ryer stated that the long range plan should solve the problem, but the timing of the preferred access route does not correspond to the timing for construction of the facility. Ryer continued, stating the preferred access route according to Bill Seider, architect for the County and McKay Lodge, would be over land that is now owned by the State (the armory property), with the second choice being land owned by the Elks Club (now in negotiations). Neither of the two properties can be accomplished within the timeframe that’s necessary for Looking Glass to begin construction in September and completion in January. A sublease would need to be completed, and a building permit obtained. To secure the building permit, they will have to prove legal access to the property. In a sublease, access must also be directly addressed.

Ryer further remarked that the only land owned by the County that could be obligated for access is that property occupied by the University of Oregon Football practice field. Ryer indicated that an easement granted to Looking Glass across that property would allow execution of the sublease and building permits, with the expectation that one of the other access issues would be resolved before building became a reality. Attempts have been made, and are continuing, to contact Dan Williams and Jan Oliver at the University so that a discussion may be held. Ryer stated that Public Works engineer Ollie Snowden estimated that the eastern most 30’ of the property would be needed for a road.

The Looking Glass Capital Plan was distributed to the Board for their review. Van Vactor indicated that he had questioned Ryer earlier in the afternoon about whether they had been in contact with the University of Oregon. Van Vactor then inquired (of Jim Forbes) what impact a week’s delay would have on the Looking Glass plan in order to have University contact. Forbes replied that a week delay would not be a big issue. He continued by stating that they had been very successful on their capital campaign, having $800,000 committed of the $1,000,000 needed. The Looking Glass Board has said that they will break ground in September, but building permits are needed. Forbes indicated that waiting much longer might be problematic.

Ryer stated that a waiver has been obtained for the State access requirement until September of 1996, or until a road is constructed, whichever comes first. Ryer indicated that the memorandum indicated that road construction would have to be done this summer, but that is no longer correct because a further extension has been received from the military department, i.e., road access can be delayed until next summer, which leaves approximately a year to develop an alternative.

Rust said it was his understanding that this particular easement might never be used. Ryer indicated that was correct, but would give Looking Glass legal access to the property. Rust inquired how they would construct in September. Ryer reiterated that the authorization from the military department has granted a waiver of that prohibition across state lands for construction purposes only. Rust then summarized that for getting the permits, the easement would be received from the University of Oregon, but for getting their construction going, it would go through the National Guard property, and a permanent solution would be found over the next year. Ryer agreed that was correct and qualified that the utilities issue needed to be addressed very quickly. Ryer indicated the utilities were buried and that it was architect Bill Seider’s estimation that this could be completed this summer, with grass resown and growing before football practice begins in August.

Rust then inquired of Van Vactor if the County could convey that to the University. Van Vactor said it’s the "instinct of a lawyer" to have a reluctance to allow someone to go in and make a permanent investment until access is secured. Van Vactor continued that the problem is that everything works if the County ultimately gains other access; but if not, next year on September 1, McKay Lodge would be in operation and in the position of having to exercise the easement.

Cornacchia stated his concern is not that of developments, but taking unilateral action and impacting someone just because the County wants to do it and has a drive to get it done. Cornacchia said that he would like to have the University of Oregon as a partner in this and not an enemy, and without their active support is hesitant to do this.

Rust inquired what if the University and Elks said "no way." Rust indicated that Looking Glass needed to know if that was the bottom line, and asked if Cornacchia was willing to lose Looking Glass as an anchor tenant from the campus. Cornacchia stated at this point, his answer would be yes, because he is most interested and concerned about County services and buildings. Discussion followed. Rust indicated that if that was the position of the majority, the ballot measure would be written differently. Dumdi said that it was unfortunate that all negotiations were not completed with other parties -- negotiations couldn’t be concluded with the other parties, until approval by voters to move forward. Dumdi asked when it was expected that Dan Williams would return Ryer’s call.

Ryer indicated that Dan Williams was on vacation. Cornacchia asked if someone else at the University could be contacted. Ryer stated that Dan Williams was contacted, as he was the individual that had been contacted over the past three years regarding the cooperative venture. More discussion followed on access and funding of the McKay Lodge. Forbes indicated that $150,000 from the Community Development Block Grant is time limited -- it has to be spent between July 1, 1995 and June 30, 1996. Cornacchia indicated that waivers are available, and stated that he was trying not to "anger" anyone, citing Elks, Masonic Lodge and University of Oregon, when by waiting to gain approval the situation could be worked out. Ryer indicated that Oliver was in town, but they had been trading phone messages to this point.

Forbes stated that he understood the dilemma and said that he didn’t want any enemies, but feels the need to move quickly. He reiterated that he felt a week delay is not an issue, and stated that it was important to move quickly to establish a "win-win" situation, if possible.

Dumdi indicated that it would be helpful if Ryer could find out when Williams would return from vacation, and that perhaps Dave Frohnmayer and Jan Oliver could be contacted if he was going to be gone for an extended period of time. Cornacchia requested Dumdi use the influence of the Board to get Frohnmayer engaged in this, because having someone on vacation cause this kind of problem would be something he would be interested in hearing about. Cornacchia said it sounded like utilizing 30’ of the practice field could work, but that he didn’t want to do it unilaterally without involving the University.

Ryer said that it would be necessary to return to the Board for the authorization to execute the easement, and this would allow time for discussions with the University and report back, assuming agreement is reached. Cornacchia suggested an alternative, that in the event a negative response is received, that the Commissioners immediately be contacted, as they may have resources and contacts that could be expended, stating he was willing to drive over to the University and meet with necessary individuals.

Weeldreyer indicated that this project was begun in a spirit of partnership, and felt it should be honored. She indicated that she was very comfortable in waiting a week and utilizing all resources available to the Board to get a "win-win" situation.

Green indicated that he knew Jan Oliver and volunteered to call her to find out what was happening. Ryer said that a detailed summary of Juvenile Justice Center activities was planned for presentation at next week’s Board meeting. Ryer indicated that this issue may be resolved by then and could be discussed at that time.

7. PUBLIC WORKS

d. ORAL REPORT BACK/Road Improvements to Hyundai Site.

John Goodson indicated that he was listed as the presenter on the item, but turned to Les Lyle from the City as the lead presenter, indicating that he and Ollie Snowden would be available to answer any questions after Mr. Lyle’s presentation.

Lyle utilized a large map of the proposed Hyundai site, and reviewed the access routes: 18th Avenue, Bertelsen, Willow Creek, 18th to 11th on Willow Creek, and Willow Creek to the Beltline.

The other item referred to by Lyle was a proposed commercial industrial site (by Ed Aster), which comes off Pitchford Avenue, to the north of Pitchford toward 11th, a fairly long, but narrow strip of land in that area, and a multi-family development off of Willow Creek. Lyle indicated that the preliminary plat had been received for the multi-family development in the past couple of weeks, and that further access to Willow Creek Road was anticipated from those potential developments.

Lyle clarified which areas were residential surrounding the Hyundai site, in response to a query by Dumdi. He indicated that the balance of the map showed what the West Eugene Wetlands Plan indicated for preservation.

Lyle indicated he had met that morning with company representatives, and the engineering firms working on the project, providing additional information updates on timelines. Hyundai is still planning to break ground in July and be under full production by December, 1996. It is anticipated that basic structures of the building will be completed by March, 1996. It is further projected that all necessary internal construction of the fabrication building will be completed by July/August of 1996.

Ultra cleaning of the finished building will follow that, and then equipment which will actually fabricate the wafers can be brought in. After August of 1996, equipment will be installed, staff training will begin, and Hyundai will be ready to ship out the first product in December of 1996. Lyle indicated that this was a fairly progressive timeline. Lyle stated that he was meeting with Hyundai staff very regularly for multi-hour meetings on an ongoing basis.

Commitments made to the company by the City include proceeding with design of the improvements this summer and fall, and the hope of having "biddable documents" by winter of this year, with construction beginning in early spring. Lyle added that City staff will be working closely with EWEB on the possibility of a joint contract. (EWEB is required to provide additional water service to the site as the existing system is not adequate.) As an example, Lyle stated that the City of Eugene would combine waterline improvements with City work, utilizing a single contractor under the City and an intergovernmental agreement with EWEB. Use of a single contractor would allow work to move from waterlines right into roadwork, avoiding as much conflict as possible, as there will be extensive work occurring on the site. It is anticipated that Hyundai will have employees arriving at the site in the fall of 1996, and roadwork should be completed prior to that time.

Lyle reviewed proposed road improvements on 18th Avenue from Bertelsen to Willow Creek, stating he recommended retaining the two-lane cross-section that currently exists, possibly widening to 12 foot lanes, paving shoulders to accommodate bikes and pedestrians, transitioning the balance of the area with some sort of grassy swale or natural treatment before stormwater entered into the (predominant) surrounding wetland areas. Green questioned why Lyle would not recommend the "full urban standards" of curb and gutter, formal striped bike lanes, center turnlanes and setback sidewalks. Lyle responded that it was because of the predominant wetlands on both sides of 18th Avenue, stating that 3/4 of the frontage is encumbered by wetlands and is to be protected.

Lyle further remarked that the goal is to have minimal traffic coming and going from Hyundai on 18th Avenue, anticipating that 20% of the traffic generated would utilize that route. Cornacchia inquired about the need of a "404" permit, and Lyle concurred.

Lyle reported that plans were to have Willow Creek of a more urban type design, citing Terry Street (north of Royal) as a model of what that might look like, with travel lanes proposed in both directions, center turn lanes with landscape medians are also proposed, bike lanes on both sides and setback sidewalks with street trees, street lights and storm drainage facilities. Lyle also stated that it is proposed that Willow Creek be realigned to line up with Danebo for improved traffic flow on West 11th, reporting that there are currently a number of accidents on West 11th because of that offset.

It has been proposed that West 11th be modified (fundamentally making a five lane section, two lanes in each direction, a center turn lane and curb and gutter) by extending the cross section to the east of Beltline, west to Danebo. The intersection at Danebo would be "signalized," but sidewalks are not proposed on that section because West 11th does not have sidewalks that far out. Any necessary modifications will be made at Beltline.

Lyle indicated that the City staff have been working closely with the Hyundai traffic engineer, who has said that the improvements (Lyle) described would be able to support the first phase and development of the site.

Lyle said that due to EWEB working in the same fundamental rights-of-way, he anticipates that construction work would need to be completed in August or September of 1996. Lyle then referred to a spreadsheet that had been distributed regarding the funding proposal, stating the largest unknown at present (on Willow Creek) was the right-of-way costs, because of wetlands in the area and the need to pretreat stormwater and collect stormwater before it crosses West 11th and goes into the Amazon.

Lyle discussed the funding breakdown and stated that the City is pursuing State Immediate Opportunity Funds, which require a 50% match with a maximum receipt of $500,000. The City is focusing the request for the $500,000 on Willow Creek and West 11th improvements. He further discussed stormsewer user fees, sanitary user fees and transportation costs. Lyle indicated County Road Fund dollars in the case of Willow Creek to fund remaining gaps that remain on that particular "leg."

Lyle recommended that West 18th Avenue be solely funded by Lane County, in part because it is not being built to full urban standards. Lyle also said he was recommending that the City and the State fund the West 11th project.

Cornacchia inquired if the City was picking up the engineering costs on the capital costs listed. Lyle stated that the engineering costs were included in those particular estimates, plus a 10% contingency. Answering an additional question by Cornacchia, Lyle said that 20% of the $700,000 for Willow Creek is engineering costs. Cornacchia stated that there was an open interest on the Board, and County employees, that the County do more than was recommended by the City and that the engineering occur in County offices and not at the City, to save the Road Fund money.

Lyle cited Willamette Street as a recent example of coordinating projects and funds, and indicated he has also discussed the proposed project with Ollie Snowden, and stated he had no concern if Lane County wanted to take on West 18th as their project as it is solely funded by Lane County. Due to timing, Lyle suggested that particular leg might occur in 1997, because of a need to not have all roads torn up at one time.

Cornacchia (referring to Lyle’s spreadsheet) then queried if the County were to do Willow Creek also, were all the resources listed on the spreadsheet available. Lyle said he was not familiar with all the stipulations on the State money at this point, but believed they would be directly allocated to the City. Lyle questioned the justification of why Lane County might take that project when only $700,000 potentially (if engineering costs were deducted) when the City and State were putting in the larger share of investment for improvements. He said he would wonder why Lane County wanted to take that project on, but if it were a requirement of the monies, "so be it."

Lyle reiterated that with Willow Creek they would be realigning to Danebo, improving West 11th, and said that he personally thought it would be better to have both those projects going on at the same time, rather than have two agencies doing those projects indepen-dently because of right-of-way, wetland mitigation, coordination with EWEB and the joint contract with EWEB. Lyle said that it would be much more effective to combine these into a single contract, and didn’t know how the project could be split into different pieces, especially given the critical timeline.

Cornacchia commented that it might be determined that the County could do the project cheaper and save money because of engineers on staff, requested that the City do a breakdown of engineering expenses for the road projects, and actually showing projected FTE’s and expenses. He continued by stating he was not interested in giving the City a "blank check" with the City using whatever amount was needed with the balance deposited into their Road Fund, saying he believed that had happened in the past. Cornacchia indicated that the Road Fund is not unlimited at this point, and how much is spent out of it is of vital concern to Commissioners. He continued by saying that they were waiting to hear from County staff whether it is projected that they can accomplish this for less than the City has budgeted.

Cornacchia said he had confidence in the ability of County staff to coordinate with EWEB, handle wetland mitigations and rights-of-way acquisition as they are experienced in these areas. Lyle agreed that Lane County could accomplish the work, but said that due to overall project coordination and related work with the City designing West 11th and associated areas, having two agencies with two separate contracts going on simultaneously adds to the complexity of the project. Lyle suggested that if the County does require that it takes on the project as a condition of funding, that he would expect County staff would be actively involved in the team resource base of the City to meet Hyundai’s expectations. Lyle said that if all conditions were understood, that he would abide by whatever conditions were necessary.

Lyle continued by stating that in regards to engineering costs, the County could deduct the engineering costs and strictly pay for the construction share, or the City could do a breakdown and direct billing for engineering costs, saying that there were several different ways to craft the funding element, and that there was flexibility in this regard. He reiterated that he had no concern with 18th Avenue being managed, constructed and fully built by Lane County staff.

Weeldreyer questioned the liability costs of rolling the project under one contractor as opposed to dealing with smaller contracts. Lyle indicated there was a potential for that, but he was looking at getting the contract work done as quickly as possible. Lyle said that conceptually working with EWEB, and including their waterline work in with the City’s contract, would require less coordination and issues associated with multiple contractors on site.

Dumdi indicated that she would like to hear from Ollie Snowden. Discussion continued with Green commenting to Lyle that the County was protective of their staff and stated that he was interested in the results of breaking out the numbers, with Lane County doing the construction, and deleting the City engineering costs. Green also communicated he was interested in hearing from Ollie Snowden about other ways to cut costs through other methodologies.

Ollie Snowden stated he did not have any formal presentation prepared, but would respond to some of the questions and observations. He said that in these kinds of projects, he felt the design and engineering was relatively straight forward, as it’s fairly easy terrain. Snowden said that the challenge was the coordination with the utilities and the permitting process that is necessary to complete this project by 1996. Snowden reported that County staff would like to do the work, and stated that the project fits the County program for two reasons: 1) Lorane Highway project was scheduled for 1996, but looks like that will be a maintenance effort rather than reconstruction, and 2) Projects scheduled in 1997 in the Pleasant Hill area are being delayed due to the State’s Highway 58 project.

Delay of those two projects creates a "hole" that could be partially filled by the Hyundai road improvements. Snowden said there was no problem in getting West 18th to contract and construction by 1997, and could be completed in 1996, but the wetland issues and threatened and endangered species issues could "bog down" the process.

Cornacchia said Les Lyle hadn’t said this, but that he had "heard" it in what he was saying -- that if the County takes on the project, they take on all the risk and liability of meeting Hyundai’s and others needs and expectations, and inquired if that was a risk that Snowden was comfortable with.

Snowden responded affirmatively, that he wasn’t 100% comfortable, but certainly that the project was within the scope of the County and cooperation would be needed between the City and County staff. He stated that he was not as optimistic as Mr. Lyle that the projects can be completed by September or October of 1996, and said that was a "real tight schedule," but projected that with a concerted effort of all parties (i.e., Eugene, Lane County, EWEB, DSL, Corps of Engineers) it might be done by the end of 1996.

Weeldreyer inquired of Snowden if he and his staff felt comfortable doing what Green had suggested, and Lyle had offered, of the County staff doing the construction work (using Road Funds) with Eugene doing the engineering work. Snowden responded there were two parts of engineering: design engineering and construction engineering. Snowden didn’t think it would work very well for the County to administer Eugene’s design.

Cornacchia then queried Snowden on the possibility of taking over the West 18th piece. Snowden responded there would be no concern over taking that section. Cornacchia indicated if the Eugene numbers were accurate and the engineering fees came out of the County’s regular budget, the Road Fund "hit" would be less than $670,000 listed on the spreadsheet previously distributed by Lyle. Snowden responded that if the project was viewed as an "overlay" (as proposed), that 20% for engineering fees might be high. He also remarked that there is a bridge associated with it, and that engineering costs for small bridges typically run 35%. Snowden stated that 20% was probably not a "bad estimate," including the bridge.

Cornacchia stated he wasn’t so concerned about paying engineering, but paying for engineering "plus" -- especially if the plus goes into someone else’s Road Fund. He indicated that the more he thought about the project, considering the coordination and risk and other things that West 18th would be a "whole project." Green said he was looking at the bottom line, and if the numbers could be reduced it would have less of an impact on the County Road Fund. Cornacchia said that engineering costs are always part of a road project, and that if the County says they will be a partner with the City to assist them in these projects, that their engineering costs need to be considered. Cornacchia reiterated that his concern was to pay the costs, but not extra fees. Cornacchia said he would have a difficult time with the County not paying the City any funds for their engineering costs on their portion.

Cornacchia and Green stated that these were more conservative numbers than they had originally been figuring on for the overall project. Lyle indicated that when the project was initially discussed with the County Board about Lane County Road Fund participation, that the general assumption at the time was that the County would pay the full cost of 18th and Willow Creek. Lyle continued that after staff evaluation of costs, use of other funding sources, and pursuit of the immediate opportunity funds from the State, a matrix was developed showing the "gap" Lane County needed to fill, dropping the amount from $2.2 million to $1.3 million.

Lyle indicated that there were considerable savings on West 18th, as it is no longer an urban design but more of a rural design. Lyle continued that the medium-density residential development along Willow Creek has a preliminary plat in, and it is expected that additional rights-of-way will be donated as a condition of development, which will reduce rights-of-way costs.

Green inquired how cumbersome it would be to share the engineering costs. Snowden said that perhaps he had over-reacted, and cited the example of Centennial Boulevard, where the City of Springfield is doing the design work and County is doing the construction engineering work. Snowden said that this project is working fairly well. He said one previous difficulty in working with the City is that City uses APWA specifications, where the County tends to uses ODOT specifications -- a difference in philosophy.

Snowden said that the project would take close coordination throughout the project, so that the County field people talk to their design people and know what the intent of the designers are. Green said staff had spoken with him, saying that they would like some of the project. Cornacchia said that as he understood it, that was being offered. Under the terms discussed for 18th Avenue, Cornacchia said that he was becoming more enamored about the project. He continued that the communications on the issue have already created a product, because the City has done a lot of things that lessen Road Fund impact. Cornacchia offered "a word of encouragement" to the City of Eugene that spreading the costs out is appreciated and to "give them what they want." Green said he would not have a problem with that, but would like to see the breakdown of engineering costs.

Rust asked Snowden when a Work Session was planned to review the Road Fund and attendant issues, and suggested possibly August or September. Snowden said that it was pretty much up to the Board, and suggested September as a good time for review. Rust asked whether Board questions on Road Fund should be forwarded to Snowden. Snowden responded affirmatively, and that staff will put together numbers and documentation.

Weeldreyer inquired about potential savings on Lorane Highway as an offset to the original CIP priorities. Snowden said that costs will be less than shown in the CIP for Lorane Highway, but the project is not yet finalized. Some of the residents have an interest in Public Works doing some minor work on curbs and intersection, and more dialogue is needed.

Green asked what the next step would be, as this was an oral report back to the Board. Bill Van Vactor said that Public Works staff would meet to prepare an Intergovernmental Agreement or an amendment to the CIP, whichever was needed.

Lyle stated that the City could directly invoice Lane County Public Works for engineering services. Lyle also suggested the possibility of setting up an intergovernmental agreement where the City charged true costs. Discussion continued. Snowden asked an additional question about wetland mitigation on West 18th as that wasn’t included in the estimate.

After more discussion, Cornacchia suggested that Bill Van Vactor and John Goodson get together and send a memo to the Board regarding the direction the Board had given to prepare an intergovernmental agreement or amendment to the CIP, as needed.

There being no further business, the meeting adjourned at 2:55 p.m.

 

Leslie Barrett, Recording Secretary