August 27, 2003

1:30 p.m.

Commissioners' Conference Room

APPROVED 3/10/04


Commissioner Peter Sorenson presided with Commissioners Bill Dwyer and Bobby Green, Sr., Anna Morrison was excused. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.




a. THIRD READING AND PUBLIC HEARING/Ordinance No. PA 1191/In the Matter of Adopting Amendments to the Rural Comprehensive Plan and the Coburg Comprehensive Plan to Enlarge the Coburg Urban Growth Boundary and Redesignate Affected Lands from a Rural Comprehensive Plan Designation of Agricultural Lands to a City Plan Designation of Parks, Recreation and Open Space and Rezone These Affected Lands from a Lane Code Chapter 16 District of EFU-40 to a Lane Code Chapter 10 District of Public Reserve; Adopting Savings and Severability Clauses and Declaring an Emergency (File PA 03-5277; City of Coburg) (NBA & PM 7/16/03 & 7/30/03)


Jerry Kendall, Land Management, recalled the subject property is over 50 acres. He said the City of Coburg had already done their portion of this request by ordinance adopted on May 20. He said they have given notice to DLCD and there were no objections from any party at the planning commission meetings.


With regard to Lane Code requirement, Kendall noted the proposal is required for a change of circumstances. He noted the City authorized a wastewater facility plan study that shows that, due to build up within the city, (primarily from the industrial park,) nitrate levels in the groundwater have risen, overwhelming the current septic system, necessitating a city wide sewer system to be put in place. He added any plan amendment requires compliance with state goals. He said the proposal has to take a reasons exception to the agricultural goal and their responses show that no other adequate exception areas (non-resource areas) were available. He noted of those available, of the three agricultural zoned sites, the subject property has the poorest of the sites that had sufficient acreage and would meet their technical requirements for a sewage treatment plant. He noted other Goal 2 factors are satisfactorily addressed. He said the Goal 11 public facilities goal is supported by the outcome of the City Wastewater Facility Plan, recommending that they need a sewer treatment plant.


Kendall stated that Goal 15 requires that the seven factors be addressed. He said one is a demonstrated need to accommodate long-range urban growth population requirements and the applicantís response is that the need for the sewage treatment is not based on long-range population growth expectation, but to addressing existing population considerations and their need for a sewer system. He noted another factor is the need for housing and employment opportunities and livability. He noted currently in Coburg there are large residential lots. He said a study was done in 2000 of the workers from the Coburg Industrial Park showing that their mean commute time was 20 minutes. He noted that a city sewer system in place would be able to lower the lot size because septic systems require larger lot size and it could expand the available housing within the city to people of more moderate income.


Kendall said a better sewer system to surpass the current limitation would encourage commercial and industrial growth within the city and support the school system by bringing in more affordable housing for young families with school aged children.


Kendall said the proposal demonstrates maximum efficiency of land uses on the fringe of the existing urban area. He noted that factor 5 is the ESEE analysis that was satisfactorily addressed.


Kendall noted that factor 6 requires retention of the best agricultural lands and of the three sites, this has the least valuable farm soils and the capability issue is satisfactorily addressed in terms of surrounding properties.


Kendall explained the rezone criteria mirrored the plan amendment standards of going to a public reserve district in Chapter 10 and the eventual plan by the City is to annex this after this project is completed. He said the re-zone matches the standards for appropriate use of land, adequate provision of services, sewer services to the city, and enhances environmental quality by escaping the current dilemma of inadequate outside septic system buildup. He added it is in the public interest as demonstrated by the wastewater study plan. He said the ordinance has an emergency clause because the city is on a tight timeline due to grant monies and construction constraints. He stated staff was recommending approval


Kendall recalled during the first reading the Board wanted more information on why the proposal is to the centerline of Interstate 5. He said the applicantís response is because of the size required for the facility, plus wetlands on the subject property. He said they might require running part of the facility (such as the pipelines) beyond the eastern boundary of tax lot 200 and will require some interstate right-of-way. He added the centerline had already been surveyed as ODOT suggested going to the centerline. He added the City of Coburg had passed their ordinance and they also went to the centerline.


Sorenson asked if there was any opposition to this.


Kendall responded there wasnít.


Commissioner Sorenson opened up the Public Hearing.


Gary Darnielle, LCOG, 99 E. Broadway, said their main focus is including half of the freeway in their proposal. He said they donít know exactly where those parts will go. He said it was likely that a portion might have to go underneath the concrete. He added they donít know what the wetland configurations are. He said if there is concern of the patrolling issue, he pointed out to the Board that HB 2633 has been signed into law and it takes revenue from policing by the City of Coburg and turns it over to Lane County. He noted the City of Coburg does not benefit financially from including the freeway in this proposal. He said they were doing it for engineering purposes. He added that HB 3520 had not yet passed, and would prohibit the City from leasing the freeway at all.


Sorenson asked where the pipes would go.


Darnielle responded that is the next step of the proceeding. He said once they have a land use compatibility statement (which they canít get until they go through the process) then they could get a NPDES permit which is the next step to getting the grants. He said that money would allow them to do a definitive survey of where the pipes are going to go.


Dwyer wanted to see an engineering study on where the pipes would go. He said he wouldnít go on faith. He said it was not needed for any functional aspect of wastewater treatment. He was not convinced that the stretch of the median is an absolute requirement to meet their needs. He added there is an emergency clause on this matter. He noted the effect of the emergency clause is to deprive people in the community from the ability to refer things the council does.


Mike Hudson, City of Coburg, stated they put an emergency clause on because they are looking for construction next year. He said it could take up to nine months by the engineers to get the NPDES permit approval from DEQ. He said that every week could be critical. He stated the cost to the city in terms of the inflation of the project went up to $400,000. He thought the emergency clause was warranted in this matter.


Green indicated when they had the joint meeting with the City of Coburg he made a comment about the change of the City of Coburg. He said he didnít have a concern. He noted there is no opposition to this. He added if there were opposition, it would have showed up. He was supportive, but added if they wanted to hold off until they have a full board, that was up to them. He stated the City of Coburg had met the test in terms of what the rules are and how they are being applied. Green asked what would happen if they would have to wait for the opportunities for grants and the timing.

Darnielle said it would be more difficult.


Dwyer thought it was possible for the city to put their urban growth boundary to the end of the shoulder and anything they needed to do regarding the highway would have to be permitted through ODOT. He commented that allowing the urban growth boundary to go to the center of the median doesnít give the city any authority to do anything. He thought this was overreaching and he didnít support it.

Darnielle said their concern is that if it were not in the urban growth boundary, it would be consistent with Goals 11 or 14 for extension of a service line outside the urban growth boundary.


Van Vactor asked if they wanted to have the Board modify the boundary 40 feet west of the centerline. He also asked, if the ordinance were amended, would it be acceptable or would they rather have them not defer action today.


Darnielle wanted them to defer action. He wanted to consult with their engineers and have a full board deliberating.


Van Vactor stated that concerns about Goal 11 and 14 have been significant in trying to extend utility services beyond urban growth boundaries.


Vorhes commented if the urban growth boundary line was moved and it turned out that it was needed to go outside of the line, there could be difficulty in getting that done because of the Goal 11 and 14 issues of moving a wastewater facility outside of the urban growth boundary. He said even if the boundary is moved to the center line of the I-5 right-of-way, there will still need to be permission granted by ODOT to utilize any of that right of way in any fashion.


Vorhes reiterated the request is to continue the hearing, leaving the record open.


Darnielle indicated it was the Cityís preference to hold it open until there is a full Board to consider this matter. He added they would have their engineering analysis back then.

Darnielle indicated they have a letter from ODOT saying they supported the plan amendment with the geographical boundary.


Sorenson stated this would be set for a continued Fourth Reading and Public hearing September 24 at 1:30 p.m.


MOTION: to approve a Third Reading and Setting a Fourth Reading and Public Hearing for September 24 at 1:30 p.m. for Ordinance No. PA 1191.




VOTE: 3-0.


b. ORDER 03-8-27-8/In the Matter of Authorizing the Transfer to the City of Eugene Surplus County Owned Real Property Identified as Map No. 17-04-13-31 Tax Lots 101 and 201 (South of Owosso Drive near Owosso Bike Path).


Jeff Turk, Management Services, explained this is a proposal to transfer two properties that the County acquired through tax foreclosure in 1972. He said they are along the Willamette River in the River Road/Santa Clara area of Eugene. He said the Owosso Bike Bridge is owned by the City of Eugene. He indicated the City would like to put these properties in their inventory to better manage them. He added they already adjoin city owned property that is used for park and recreation purposes. He said the properties are under the high water mark and little of that is dry land. He noted they are already designated for parks and recreation use by the city and would be best used by the city. Turk explained that ORS 271.330 requires that any time a tax-foreclosed property is transferred to a municipality, a public hearing needs to be held. He added that a transfer under those statutes stated that it be used for public purposes for a minimum of 20 years.


Dwyer asked, once that restriction expires, if there is any other use that property could be put towards.


Turk responded, not that he was aware of at this time.


Turk indicated the statute requires that notice be published two weeks prior to the meeting notice in the Eugene Register Guard, on August 13 and August 20.


Commissioner Sorenson opened up the Public Hearing, there being no one signed up to speak, he closed the Public Hearing.


MOTION: to approve ORDER 03-8-27-8.




VOTE: 3-0.




[took place in the morning meeting]


Green announced that on Thursday, 5:00 p.m. at Autzen Stadium, there would be a march on the newly named Martin Luther King Boulevard. He noted there would be speeches by local leaders commemorating the 40th year anniversary of the march.


Morrison noted Sorenson was setting up a round table forum on September 12. She noted it came out of their joint fair board meeting about activities that are taking place. She asked if all the Board was supposed to participate. She thought they were all involved, so there was a coordination of things that were taking place.


Sorenson noted this was the result of conversations with Mr. Warren and Mr. Zagorin, who are both Lane County Fair Board members. He said that Zagorin wrote an opinion piece in the Register Guard about the need for a regional convention center. He said the article challenged elected leaders to do something. He contacted them to set up a round table forum on September 12 and he had invited people. He noted it was nothing the Board had sanctioned, it is something he is doing.


Morrison said they were to have a good discussion with elected officials to show coordination around these types of things. She wanted to make it a productive use of peopleís time

Green thought what was said in the meeting was that there would be some Board involvement. He wanted to make sure there was no Board commitment, but something Sorenson was working on to get people involved, and there would not be any financial or other commitment by the Board.


Sorenson said he was representing himself as a commissioner interested in economic development and wanting to get something going.


Dwyer didnít want Sorenson to commit the Board. He didnít think it was the governmentís role to do everything. He stated a lot of it has to come from the private sector. He didnít want any deals made that didnít involve all of the Board.

Morrison said it is important that this conversation take place with all of the players at the table at one time. She said they will have fragmented things taking place and it gets blown out of proportion. She wasnít opposed to Sorenson doing this, but wanted to make sure that everyone is aware and no one feels like they are left out.


Sorenson stated that he and Van Vactor would make a report. He indicated the Lane County Department of Children and Families has asked that they review their letter of August 22 they sent to the General Services Administration concerning the Lane County Commission and Families and their views about the lack of access ramps for people with disabilities in the current plan for the new federal courthouse in Eugene. He thought they should get the letter done right away. He wanted the Board to take a more formal position on this.


Dwyer proposed that they draft a resolution asking the GSA to include disability access ramps as part of the initial construction phase.


Sorenson noted a couple of weeks ago he wrote a letter to the congressional delegation on this topic and the Human Rights Advisory Committee also had a say in this matter. He asked Van Vactor to put together a draft resolution using the language from the Commission on Children and Families and the Human Rights Advisory Committee and bring back a draft resolution to be included on the Boardís agenda after the agenda team reviews it.

Dwyer stated he sent his own letter to the GSA.


Sorenson announced that HB 3013 has passed the house and senate. He said the legislation changes the siting of aggregate gravel mining. He said the Board had previously taken the position that the bill is not something that would add to good public policy. He wanted to send a letter to the governor, urging him to veto HB 3013.








ORDER 03-8-27-11/In the Matter of Approving Agreement with the Employers Defense Alliance for Litigation Defense of PERS Reform Legislation.


Sorenson noted the Board in Executive Session discussed this board order.


MOTION: to move ORDER 03-8-27-11.




VOTE: 3-0.


There being no further business, Commissioner Sorenson adjourned the meeting at 2:45 p.m.



Melissa Zimmer

Recording Secretary