This document, upon approval in a public meeting by the Board of County Commissioners, serves as official minutes of such meetings as required under the Open Meetings Law, ORS 192.650.
Pursuant to notice made by mailing agendas to news media, a selected list of jurisdictions and individuals in Lane County, a meeting of the Board of Commissioners was held.
Questions should be directed to the Board Office Specialist 3, 682-4203.
BOARD OF COMMISSIONERS'
May 10, 2000
Harris Hall Main Floor
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Anna Morrison and Cindy Weeldreyer present. County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.
12. PUBLIC HEARINGS
a. SECOND READING AND PUBLIC HEARING Ordinance No. PA 1148 Amending the Rural Comprehensive Plan to Redesignate Land from “Agricultural” to “Rural”, Rezone that Land from “E-25/Exclusive Farm Use” to “RR-2/Rural Residential”, Adopting an Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (File PA 98-1240; Stauffer). (NBA & PM 3/29/00)
Jerry Kendall, Land Management, reported the item was a 13.39 acre parcel rezone request plan amendment change from E-25 Exclusive Farm Use to RR2 Rural Residential. He noted it involved a developed and committed lands exception to Statewide Goals 3 and 4. He said in January 1999, the planning commission voted 5-1 in favor of the proposal. He explained if approved, the RR2 designation would entitle the owner to come in for a subsequent partition of the property into six parcels, with a home or duplex on each.
Kendall noted the subject property was within a water quantity/quality limited area and they have done an aquifer study provided by EGR & Associates, demonstrating a 2.34 gallons per minute maximum build out.
Kendall reported the planning commission ruled for RR2 on this property.
Kendall noted the current set of findings does have some deficiencies addressing Goal 14 urbanization. He said that 37% of the property has poor soils for homesite development, except in areas that had been built up with landfill.
Kendall stated a transportation study was reviewed by Lloyd Holtcamp, County Transportation, and he concluded that the level of service would not be affected. Kendall discussed a three-page document by Stauffer in support of the application. He added there was an objection letter from DLCD to the request. He said in reviewing the letter, the granting of this proposal will not entice neighboring resource land to forego being developed and committed. He noted it was likely that this property could go developed and committed if the subject property were approved. He reported that staff recommended either Option 2 or 3 (on Page 6) adopting it with enhanced findings reflecting an RR2 designation or grant an RR5 designation.
Sorenson explained that this decision was subject to plan amendment and rezoning criteria cited in the agenda cover memorandum and the attachments. He said that evidence and testimony must be directed toward the approval criteria. He added that failure to raise an issue to enable a response might preclude appeal to the Land Use Board of Appeals. He said after the Board asks questions, there will be a public hearing with the opportunity to enter information into the record and only those persons who qualify as parties may appeal a Board decision to LUBA.
He asked Board members if they had any conflicts.
There were no conflicts by the Board.
Green asked if there was any opposition to this.
Kendall responded there was none.
Sorenson asked what the prior board orders had to do with today’s activity with regard to Goal 14.
Kendall responded the board order didn’t address the Goal 14 issue. He noted the planning director issued a memo dated April 30, 1999, offering guidelines that would satisfy Goal 14 at the land management level. He said the draft findings reiterate how the average parcel size was calculated. He requested that the applicant address the requirements.
Kendall noted that staff’s recommendation was to approve this at an RR5 or RR2 density. He added the record was not closed and he was asking for the applicant to submit more evidence into the record so the board would feel comfortable that this property could support six separate septic systems. He noted that 37% of the land is problematic in supporting septic.
Commissioner Sorenson opened up the Public Hearing.
Thomas Miller, Planner, representing Fred and Crystal Stouffer. He passed out detailed responses (copy in file). He reported the property is 13 acres and has wetlands along the western portion of the boundary. He noted there was an ash woodland wetland and drainageway along the western boundary of the property and the wetlands extend to one-third of the property to the west. He said there are two legal lots on the property. He noted the property had not been farmed nor grazed, and the wetland portion of it was not usable for farmland. He said farming the property would require the Corps of Engineers and Division of State Lands permits. He said they would not likely give permits to farm the land as it would not be productive farmland. He noted its best use would be natural wetlands.
Miller said the Stouffers would not allow any duplexes on the property and only desired five dwellings. He said the subject property could withstand appropriately designed and approved septic systems. He said the distinction in the exception area evaluation is important because the overall area appears to be 3.49 acres average, but the development that is west of Howe Lane is larger parcels. He noted everything east of Howe Lane has an average parcel size of 1.88 acres. He said the five 2.67 acre parcels on the subject property is appropriate development within the immediate area.
Steve Matthews, 83050 Florence, Creswell, reported he lives on three acres bordering the subject property on the north side. He said the plan for the subject property was great. He had no objection to being a neighbor to the development.
Fred Stauffer, 82885 Florence, Creswell, said his son grew up on the property. He said his son cleaned the property out and put in new fencing. He noted the people around the area were appreciative. He noted that his son couldn’t grow anything on the property. He asked the Board to approve the rezoning.
Crystal Stauffer, 1101 Cedar Court, Creswell, stated she and her husband are the property owners. She said it is intended to be their future. She said she loves kids and currently runs a day care facility. She noted their goal was to build their first home and they are not developers. She said she hopes the Board will approve the rezoning.
Weeldreyer asked about the information that was just submitted about the DLCD letter. She asked if the concerns had been addressed.
Kendall responded that he had not been able to see if the findings had been addressed.
Miller addressed the soil/septic issue. He reported he had never in the past on any application been required to approve excavations on site prior to a zoning level change. He suggested pulling the records from Mr. Williams’ (the neighbor) application as he has an approved system by the County. He believed that five systems would work but if the Board would require more, he would provide what the Board desired.
There being no one further signed up to speak, Sorenson closed the Public Hearing.
Weeldreyer stated that, because they have a letter from the Department of Land Conservation and Development that raises issues, before they took any formal action that they leave the record open and make sure if they move forward toward approval that the findings that need to be beefed up as recommended by Land Management staff, that the applicant be given the opportunity to do that.
Kendall requested leaving the record open in the standard format. He suggested keeping the record open for two weeks for any comment from any individual and for revised findings, plus an additional week for any party to respond to the previous submittals and one more week for final rebuttal.
Kendall requested May 24, to close the record; May 31, for any party to respond, and June 14 for final rebuttal and June 28 for a Third Reading.
MOTION: to leave the record open until May 24, for any party to submit items on any portion of this proposal; leave the record open for an additional week for any party to respond to all of the evidence that had been submitted through May 24, the response period open until May 31, giving the applicant final rebuttal until June 14 and a Third Reading on June 28.
Weeldreyer MOVED, Morrison SECONDED.
b. PUBLIC HEARING AND ORDER 00-5-10-15 Adopting the Public Works Five-Year Capital Improvement Program FY 00/01-FY 04/05.
Ollie Snowden, Public Works, passed out a revised Executive Summary (copy in file.)
Snowden reported on the right-of-way acquisition, the Bloomberg connector last year was listed as a right-of-way acquisition project and a construction project. He said the County put money in as a placeholder so they could put money into the 30th and McVay interchange solution. He said in speaking with Weeldreyer, she didn’t want the County constructing the road, it was more appropriate for the County to purchase right-of-way as its share of the partnership.
Van Vactor asked if Lane County was coordinating with ODOT and the Oregon Military Department and the neighborhood regarding that project.
Snowden responded they acted as facilitator between the Oregon Military Department and ODOT. He added ODOT was doing studies and providing information to the military department about what they want to see with the ultimate build out of the interchange.
Snowden explained with general construction, the Board directed Tom Stinchfield to take Beaver Street from the constrained 20-year program and put it into the future program. He stated it would be deleted from the CIP.
On Delta/Beltline, Snowden stated it was a project scheduled for construction in fiscal 01 and they think the interim signals are working reasonably well and they are in the process of analyzing the comments from their public meeting. He requested scheduling a work session with the Board on the project in June. He noted the money in the plan would be for a roundabout alternative. He recommended moving it to 01/02 list.
Snowden said with regard to Division Avenue, the Board elected to remove it from the constrained list. He noted the City of Eugene also took the same action on that project on Monday. He added that the City of Eugene agreed to take the Beltline Road project and move it from the future list onto the 20 year constrained list. He said that would need to be discussed further. He recommended programming money to study the Division Avenue project.
Snowden explained that Game Farm Road (from the Eugene City Limits to Coburg Road) is a new project that was recommended to be added to the program by the Roads Committee. He noted unless they have change with Measure 82 or Senate Bill 1608, they don’t have the money to build the projects in Fiscal 03/ 04 or 04/ 05.
On Irvington Drive, Snowden said they have recommended that it be moved from 01 /02 to 02/ 03 to balance the workload.
Snowden commented on Jasper Extension Main to 58th. He said it is a project the Board agreed to split into two, going to construction Fiscal 99/00 with the first phase. He reported they don’t have permits from the Corps of Engineers and Division of State Lands. He added it wouldn’t go to bid in this fiscal year.
Snowden noted with Marcola Road, the Board had approved it last year as a project from Sunderman Road to Wendling. He said it was split into three projects and this was the first, but they do not have wetlands permits yet. He recommended shifting this project from last year’s program to 2001. He added it should be $3 million instead of $2.7 million.
Regarding Pearl Street in Coburg, Snowden reported they requested the City of Coburg review the planned proposal, the city had not agreed, and the project is in limbo. He said they would come back for a work session for direction. He noted the City disagreed with Lane County’s proposal to limit access to Truck and Travel.
Snowden commented on the Delta Road Bridge (Horse Creek Road Bridge.) He noted the Board agreed if the local residents had a 10% match, Lane County would proceed with the project. He added there could be a problem because ODOT talked about changing the fund exchange program and they didn’t have the cash flow to provide one-half the local match on federal aid projects. He noted that ODOT would be going from an 80-10-10-match ratio to an 80% federal, 20% local.
Snowden said with regard to the Lowell Covered Bridge, they have two federal grants for a total of $1.6 million to rehab the bridge and turn it into an interpretive center. He added the Willamette Forest had done an interpretive plan for the bridge. He noted most of the stakeholders think there should be toilets, but there are none in the budget.
Snowden reported on Seavy Way. He said one alternative was to widen the existing timber bridge and the other was to replace it. He noted last year they had $600,000 for widening the bridge but it made more sense to replace it. He added it also included $90,000 for an aesthetic treatment.
Weeldreyer suggested that Snowden move forward with the Westfir bridge as he envisioned it with the extra treatment.
Snowden said that they suggested putting Division in as a special study category, not a construction project. He added it would be a placeholder that would identify money they would use to hire a consultant to determine whether Division Avenue makes sense after the Delta/Beltline treatment is in place, or if Eugene is serious about moving Beltline Road onto the 20 year constrained list in TransPlan. He said this project is together with the Beltline project.
Dwyer said with diminishing returns of state and federal contributions, he didn’t want to include the guaranteed money from 00-01. He said they need to utilize the money to mitigate some of the impact that the access streets have on the public.
Morrison said she would not be opposed to deleting it from the CIP after this year until they know what happens with federal payments.
Green said for program purposes they need to show it. He added they had already sent the message that there were no guarantees.
Sorenson favored leaving the $2.5 million because of the agreement with the cities. He noted there was a risk of putting it in at the full level for the five-year period. He added they agreed continuing the payments in the fiscal year 00-01. He added if they reduced but not eliminated the amount, the Board would appropriately convey its concern that they don’t know how long this would continue. He agreed with Green to keep the $2.5 million in.
Goodson recalled on Page 8, there was a footnote that indicated the agreement was extended just through the fiscal year 2000-2001 and that any additions beyond that assume continuation of the program at the discretion of the Board.
Snowden explained that this version was one that had been updated to include the budget, and the CIP.
Weeldreyer wanted to be consistent that the Board was on a year-by-year renewal and if they could continue the $2.5 million allocation, the amount may be lower. She added the Board had been consistent all along with the message to the cities.
Snowden reported with the I-105 soundwall project, they are programming $300, 000, but MPC was waiting for a response from ODOT on where the money would come from.
Snowden said with regard to Sportsway Road, the Board took action yesterday and the money will come from general road funds.
Snowden stated he changed the money for Community Development Program from $3.175 million to $2.86 million to reflect the money that is coming out for the Sportsway project.
Snowden reported with 30th Avenue, it is for adding a merge lane for LTD as they are reorienting their bus service to Lane Community College and are concerned about buses merging on the uphill lane. He said they are extending the merge lane.
Commissioner Sorenson opened the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.
MOTION: to approve ORDER 00-5-10-15.
Green MOVED, Weeldreyer SECONDED.
VOTE: 4-0 (Dwyer out of room).
Snowden noted that ODOT wanted to move toward a September 6 meeting for the area commissions and Lane County representatives. He said the process needed to be developed to get public comment for the rural projects. He said it would be more beneficial to have a work session with the Board the first week of June with Bob Pirrie from ODOT.
Green suggested having a work session, inviting Pirrie for his advice on how ODOT plans on working with STIP so the Board could give staff clear direction.
Stinchfield recommended making phone contact with small city staffs or mayors this month to let them know that this was coming.
Snowden agreed with Stinchfield.
Morrison wanted the small cities involved in the formal process so everyone hears the same thing from ODOT.
Weeldreyer concurred with Morrison.
c. SECOND READING AND PUBLIC HEARING Ordinance No. 3-00 Amending Chapter 4 of Lane Code to Delete Car Rental Tax Exemptions for Large Vehicles and Temporary Replacement Vehicles and to Revise the Distribution Formula (LC 4.205, 5.250, and 4.255 (NBA & PM 4/25/00).
Bob Keefer, Parks, reported this issue came before the Board on April 8 and they were directed to proceed with the development of the new ordinance. He said the proposed ordinance as drafted, would keep the car rental tax at 10% and eliminate the temporary vehicle replacement exemption. He added that it would also remove the 10 plus passenger vehicle exemption that was already in the ordinance. He said if enacted by the Board, they estimate an additional $267,000 in revenue would be available to the County. He recommended that the distribution formula within the ordinance be changed so that the park portion would go from 86% to 76% and general fund from 14% to 24%.
Green agreed with the document but he asked why it couldn’t be effective July 1. He said he would be more comfortable if they made it at the beginning of the fiscal year.
Wilson noted if the Board chose the July 1 date, (because it is longer than the normal 30-day effective date) it was not a substantive change that would necessitate an additional hearing.
Commissioner Sorenson opened up the Public Hearing.
Joey Kink, 436 Cascade Dr., Springfield, stated he is an area manager for Enterprise Rent a Car. He said they would be taxing people who were renting cars not because they want to, but because they have to. He noted there was no other county in the state that taxes replacement vehicles for any reason. He suggested increasing the retail tax by one percent.
Weeldreyer explained the reason the Board was considering increasing the rental tax was to get rid of the exemptions. She said they needed to find a way to continue funding and maintaining the County’s park system. She added the park system does not receive any general fund or property tax dollars to support it.
Green noted there was nothing from preventing Kink’s company from waiving the fee if it would be a hardship on their customers, but the company would be responsible for paying.
Rich Aaring, 365 E. 49th, Eugene, stated he was present on behalf of the Parks Advisory Committee and is in support of the changes in the car rental tax. He said it will stabilize funding for the department and keep the budget in line with the Parks 2000 plan.
There being no one else signed up to speak, Commissioner Sorenson closed the Public Hearing.
MOTION: to adopt Ordinance No. 3-00.
Dwyer MOVED, Morrison SECONDED.
Dwyer said it was an inconvenience. He said he was concerned about people in distress and there is no way of controlling the exemptions or if abuse was taking place.
Wilson noted the motion did not include any change in the effective date.
MOTION: to amend to include the effective date being July 1, 2000.
Dwyer MOVED, Morrison SECONDED.
Weeldreyer echoed what Dwyer said about not being comfortable adding to the trauma of being in a car accident or finding them without a car. She said the financial situation that Lane County is in and the need to be able to add to the general funds adds to the livability of Lane County. She said it would be necessary and she would be supporting the motion.
ROLL CALL VOTE: 5-0.
d. SECOND READING AND PUBLIC HEARING Ordinance No. 4-00 Amending Chapter 5 of Lane Code to Modify the Noise Enforcement Penalty Provision and to Declare an Emergency.
Wilson explained this was a change in the penalty provision for the noise ordinance to add that with a first failure to comply, the normal fine would be $500. She added the hearings official might suspend up to $400, making it a $100 penalty. She said if the person who failed to comply signs a statement that they will not re-offend within the following year, and then does so, they would pay the suspended amount plus the second penalty.
Commissioner Sorenson opened up the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.
MOTION: to adopt Ordinance No. 4-00.
Dwyer MOVED, Morrison SECONDED.
ROLL CALL VOTE: 5-0.
13. COMMISSIONERS' ANNOUNCEMENTS
Morrison announced the awards of honor for the Board’s participation in the United Way Campaign.
Green announced Contact 2000, the effort by the Eugene Chamber of Commerce in visiting the smaller business in the community.
Weeldreyer noted that she will be attending the Global Technical Conference in Sacramento and will be gone for the next meeting.
Dwyer announced that the Wayne Morse foundation would be selling bricks for its Free Speech Platform.
14. OTHER BUSINESS
a. ORDER 00-5-10-16 Approving a List of Public Improvement Projects for the Lane County FY 00-01 Budget.
John Goodson, Public Works, reported that state statutes require that public agencies prepare a list of public improvements they will construct during the following fiscal year and to file the list with the commissioner of the Bureau of Labor and Industries, within 30 days before the County budget. He said a list was prepared that included the road fund improvements, facilities and other funds.
MOTION: to approve ORDER 00-5-10-16.
Goodson asked if it would be by contract or county forces.
Sorenson added it was to inform the Commissioner of Labor and Industries on what is within the prevailing wage law.
Dwyer MOVED, Weeldreyer SECONDED.
b. ORDER 00-5-10-8 Amending the FY 99-00 through FY 03-04 Capital Improvement Program(CIP) and Amending the FY 99-00 List of Public Improvements and Awarding a Contract to Western Oregon Excavation in the amount of $158,000 for Grading, Basing, Paving and Structure Rhododendron Drive Culver (Bridge No. 18-12W-22) Prospective Contract No. 99/00-08.
Snowden reported it is in the City of Florence. He noted when the city signed the first urban transition agreement in the mid-80’s, it accepted jurisdiction over Rhododendron Drive on the condition that the County replace the bridge on Rhododendron Drive. He added the issue is the city has both a water and sewer line in the project area and he didn’t know if they needed to be relocated. He suggested the Board approve the award of this contingent upon indication from the City of Florence that they will sign the agreement.
MOTION: to approve ORDER 00-5-10-8 contingent upon affirmative identification from the city manager that the City of Florence is willing to sign the agreement.
Snowden reiterated that the City of Florence will be responsible for any delay claims Lane County gets from the contractor because of their failure to locate the utilities in a timely manner.
Morrison MOVED, Dwyer SECONDED.
ORDER 00-5-10-17 Authorizing a Sheriff’s Sale of Surplus County Owned Real Property and Delegating Authority to the Property Management Officer to Remove any Particular Property From Said Sale If Determined to be in the County’s Best Interest
Wilson recommended approving this.
MOTION: to approve ORDER 00-5-10-17.
Weeldreyer MOVED, Morrison SECONDED.
ORDER 00-5-10-18 Accepting a Deed in Lieu of Foreclosure for Property Owned by Kenneth Lee Claassen Located at 82380 Butte Road, Creswell, Oregon.
MOTION: to approve ORDER 00-5-10-18.
Morrison MOVED, Dwyer SECONDED.
There being no further business, Commissioner Sorenson adjourned the meeting at 5:00 p.m.