June 9, 2004

1:30 p.m.

Commissioners Conference Room

APPROVED 8/25/04


Commissioner Bobby Green, Sr., presided with Commissioners Bill Dwyer, Don Hampton, Anna Morrison and Peter Sorenson present.  County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




a. PUBLIC HEARING AND ORDER 04-6-9-9/In the Matter of MWMC Facilities Plan and 20-Year Project List.  


Susie Smith, General Manager, MWMC, recalled that on May 19, they brought this into the Board’s Work Session.  She stated it was on the MWMC 2004 Facilities Plan that was adopted by MWMC on May 6, after conducting public hearings and a review process.  She indicated that MWMC is charged with the responsibility under the IGA to plan, construct and operate the regional wastewater facilities.  She noted there has been an ongoing effort since 1996 to renew the plan and capital program. She explained that this is the culmination of several planning efforts into a 2004 plan that melded with the previous planning efforts and the new requirements of MWMC’s wastewater discharge permit.  She said the plan was reviewed and approved by the City of Springfield and it is scheduled for a public hearing at the City of Eugene on Monday, June 14.


With regard to the packet material for their work session on May 19, Smith indicated it was not complete.  She noted that under a cover letter from Commission President Anne Ballew, they should have received a May 27 packet that contains the testimony that was provided by several people, DEQ letters providing interpretation of DEQ regulations and their guidance and responses from the consultants to the Home Builders Association testimony.  She added that they provided a packet for the Board that would be given to the Eugene City Council that reviews the citizen involvement and public notification efforts that have been implemented through the planning process.  She asked the Board to approve a board order implementing concurrence with MWMC’s adoption.


Peter Ruffier, Regional Facilities, Wastewater Division City of Eugene, explained the Eugene City Council, in its deliberations, expressed interest in knowing what level of public outreach and involvement activities there were around these items.  He said they put together information. (Copy in file.)


Anne Ballew, City of Springfield, discussed the facilities plan and system development charge (SDC’s).  She indicated the plant is 20 years old. She said they hired an engineering consultant, Ch2m Hill.  She noted they went through a one-year effort to produce a $1 million facilities plan.  She indicated the plan was designed to meet the new National Pollution Discharge Elimination System requirements.  She indicated they had new requirements this year: ammonia removal, lowering the temperature of the water and status quo on solids. She added they needed to improve their ability to handle extreme flow to the plant in wet weather periods and to accommodate future population increases.  She noted during the plan there were a number of opportunities for public involvement with public hearings and open houses.  She indicated the commission reviewed the document and they recommended adoption.


With regard to SDC’s she said there is public sentiment that growth should pay for itself.  She noted the MWMC convened its citizen advisory committee to address changes in the law.  She said they hired a consultant and held meetings to arrive at an equitable well-reasoned method for charging growth for capacity increases in the wastewater system.  She said the SDC methodology is the consensus outcome of the citizen advisory committee’s work.  She indicated the SDC’s do not totally pay for increased capacity because of the time and complexity issues of a large public works product.  She noted the current permit will expire December 31, 2006 and they need to demonstrate compliance with their new treatment requirements for the ammonia reduction. She added that the delay would add construction costs.


Morrison commented that the use by MWMC of the average dry weather design flow is a bone of contention between the DEQ and MWMC.  She asked why there was a discrepancy.


Mike Kortenhof, DEQ, responded that a discussion took place in the course of their review of the draft facilities about the dry weather flows.  He said they are working to try to find the most economic approach to meeting the requirements in working with MWMC.  He noted they are in the beginning of the review period of the facility plan and their review is incomplete as to whether it is the right number.


Morrison was concerned because if they were losing 33% of their existing capacity unnecessarily, she wondered how it would affect the project list.


Matt Noesen, Ch2m Hill, explained the contention between DEQ and CH2m Hill was the DEQ guideline to project the maximum flows.  He said they went through the DEQ guidelines and used their own method for the facility plan.  He noted that the DEQ approved the Ch2m Hill method in other communities around the state.  He added they were in the process of reaching consensus with the DEQ.  He explained that DEQ’s method projects a higher flow than the method they are proposing.  He said they were asking to use a less conservative number.  He said if they have to use DEQ’s number, then they would have to plan for more facilities.  He indicated that based on the discussion with DEQ, they would be able to reach agreement with the numbers they are proposing.


Commissioner Green opened up the Public Hearing.


Green received a request from Jim Maloney, 4391 Shadow Wood Dr., stating he would like to have his testimony read into the record  (copy in file).


Ruth Duemler, 1745 Fir Crest, Eugene, stated she was a previous wastewater commissioner.  She appreciated the studies that were done.  She thought the governor should be aware of this because he was working for a clean Willamette River and this would be a step towards that.  She asked the Board to support this measure.


Diane Abernathy, 2620 Oak St., Eugene, said she was testifying out of concern for water in the Willamette River.  She thought that the MWMC was considering an approach that would fail to meet federal guidelines to protect the river from raw sewage overflows.  She urged the Board to direct the MWMC to plan infrastructure responsibly.  She noted public money had already been spent in determining the technical options.  She commented the process was efficient and effective.  She added the least cost alternative was chosen to meet the federal guidelines.  She commented that their SDC charges and water rates are among the lowest in the state.  She noted the increase that would be necessary to fund the proposed infrastructure is a reasonable request.  She hoped the Board would take the recommendation to move forward with the facilities plan.


Roxie Cuellar, 2053 Laura St., 739 S. 70th Street, Springfield, commented this wasn’t about SDC’s as Lane County doesn’t pass an SDC.  She indicated it was about the 20-year project list.  She commented the SDC’s at this point were irrelevant.  She requested that the Board didn’t make a decision until after June 16.  She noted the Eugene City Council would have their hearing on this on June 14.  She wanted to put everything into Lane County’s record after that.  She requested the record be kept open until June 15.  Her issue with the facilities plan is capacity.  She noted they lost a third of their dry weather and biosolids capacity because they changed the way they calculated capacity.  She said they compared dry season average flow with maximum month flow.  She indicated what happens is the capacity disappears.  She was also concerned about rehab and replacement.  She noted there was nothing in the 20-year project list that discussed rehab and replacement.  She thought the taxpayers should know what the cost is.


Jim Welsh, 950 Killion Lane, Elmira, stated he was representing the Eugene Association of Realtors.  He said they had similar concerns as the Home Builders.  He didn’t think all the questions had been answered around the capacity issue.  He asked that this be postponed until after Eugene’s deliberations.


Camilla Pratt, 120 Westbrook Way, Eugene, said she was an EWEB Commissioner from 1977 to 1988 and she served on the Citizens Advisory Committee for the Wet Weather Flow Management Plan.  She said they studied the aspect of the plan and contributed to its final development.  She noted the Metropolitan Wastewater Management Commission and the cities of Springfield and Eugene adopted the Wet Weather Flow Management Plan in 2001.  She noted the Metropolitan Wastewater Management Commission had approved the least cost version of the pro-active plan to meet federal and state requirements for the next two decades.  She indicated as citizens and stewards of the water resource, they are legally required to clean it up.  She urged the Board’s support and approval of the MWMC facilities plan and 20-year project list.


Judy Volta, Mayor of Coburg, asked the Board to consider further study of Coburg being part of the MWMC.  She said they have regional issues.  She noted they had been declared a groundwater management area.  She indicated they had just recently undertaken a project of a wastewater treatment center of their own.  She said they were advised to request a letter to MWMC to become part of it and they were declined because it wasn’t part of the Metro Plan.  She commented that this needed to be done at a regional level for cost savings.  She stated they had support on the state level to become part of the MWMC.  She said they want a chance to be heard and want to be part of the solution.


Phil Barnhart, State Representative of House District 11, concurred with the Mayor of Coburg.  He added it was important to recognize that Coburg is one of the economic engines of the area where well paying jobs are being developed.  He indicated that Coburg has done a great deal of  work in trying to prepare a collection system and its own sewer treatment system.  He noted it would be an expensive endeavor.  He requested that the Board, the MWMC, and the cities of Eugene and Springfield consider allowing Coburg to establish a pipeline from the City of Coburg collection system to the plant for which the City of Coburg would pay for all of the costs.   He thought this was a good plan that the Board should support.


Mike Hudson, City Administrator, City of Coburg, concurred with what was previously stated.


David Monk stated MWMC’s responsibility was to prevent dumping raw sewage into the river.  He added they were to protect the river and the neighbors.  He urged the Board to close the record as he thought there was ample time spent on this.  He recommended the Board go forward with the program.


There being no one else signed up to speak, Commissioner Green closed the Public Hearing, keeping the record open until June 16 at 5:00 p.m.


Green indicated the request was to wait until the City of Eugene takes its action on June 14.  He added June 16 is scheduled for the Board’s final action.


Sorenson asked if there was any drawback to taking action on June 16.


Van Vactor stated they had to wrap everything up by June 30 with regard to the budget.


Ruffier noted the City of Eugene was having a public hearing on June 14, but they weren’t scheduled for action until June 28.


Dwyer requested keeping the  written record open until after the City of Eugene’s public hearing.


MOTION:  to move this item to June 23, 2004, keeping the written record open until June 16 at 5:00 p.m.


Sorenson MOVED, Dwyer SECONDED.


VOTE: 5-0.


b. PUBLIC HEARING AND FINAL ORDER 04-6-9-10/In the Matter of the Surrender of a Portion of West 10th Avenue, County Road Number 98, From Oaklea Drive, Easterly to Rose Street, to the City of Junction City. (NBA & PM 4/28/04).


Bill Robinson, Land Management, explained the issue is to decide whether or not to approve the order to surrender 34/100th of a mile of a portion of West 10th Avenue in the City of Junction City, County Road Number 98.  He noted that ORS 373.270 provides for the jurisdiction transfer of county roads within city limits.  He stated in April 2004, by Resolution and Order 04-4-28-14, the Board of County Commissioners set the date to hear this request by the City of Junction City.  He noted that first the City of Junction City had enacted a resolution, 7-94, formally requesting that Lane County transfer this segment of road.  He explained that this would allow the City to maintain, develop and improve the road as they best see fit.  He added the second action is where the County agrees to transfer the road.  He said in addition to the statute, the proposed transfer road jurisdiction has been with the County/City Road Partnerships Program Agreement as of July 1, 2003.  He indicated there were no known objections to this transfer.  He noted there are three options to the Board:  to approve the order to surrender jurisdiction of the portion of West 10th County Road 98; deny all or a portion of the order to surrender; or to postpone action until a future date.  He said the director of Public Works recommended to the Board that this segment of road be transferred in line with Option 1.  He indicated that all legal notice had been provided as required by law by posting and publication in The Register-Guard.


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


MOTION:  to approve ORDER 04-6-9-10


Morrison MOVED, Sorenson SECONDED.


VOTE: 5-0.




a. CONTINUED DISCUSSION AND ORDER 04-4-14-14/In the Matter of Approving the Alignment, Right-Of-Way Widths and Other Design Features for the Martin Luther King Jr. Parkway, Previously Known as the Pioneer Parkway Extension, as Adopted and Recommended by the City of Springfield (NBA & PM 4/13/04, 4/14/04 & 5/19/04).


Dwyer stated they had this discussion before.  He did not support the roundabouts as he didn’t think the two lane roundabouts would work.  He was concerned with pedestrians in the roundabout.  He asked how they would mitigate the traffic safety that relates to pedestrians and what it is they needed to do.  He noted the width of the right-of-way was needed by LTD.   He wanted to know what the City of Springfield could do to address his concerns about how they would mitigate the impact that will occur as a result of the development on the citizens of Patrician Park.  He wanted to make sure that the sound wall works and putting up a nine foot wall from the level of the highway, not from a ditch.


Nick Arnis, City of Springfield, responded that they met with the owner and manager of the Patrician Mobile Home Park and discussed providing another access for them.  He noted they currently only have one way to get in and out of the mobile home park.  He said they could provide another driveway on East Game Farm Road.  He noted the cost would be picked up by the project.  With regard to the sound wall, he said if they include the bus rapid transit in the narrow part of the corridor, they would want to re-analyze the sound study they conducted to see if the road is moving closer to people’s residences.   He added they would be building the sound wall at the road level.  He stated the right-of-way would be paid for by LTD as well as the impacts of the septic drain field.  He showed a video of a two-lane roundabout in Clearwater, Florida.


MOTION:  to move to ask staff  to come back with the following elements in the

Design and arrangement:  to have the roundabout; and have LTD discuss with the bus rapid transit district the language for the Land Transit District providing the condemnation under an IGA with the city and the county.


Sorenson MOVED, Green SECONDED.


Dwyer stated it didn’t take care of the north link aspect of the Patrician Park.


Sorenson indicated if they brought this back with the concerns they expressed that they would make sure that was part of what they want to do.


Dwyer commented that the intent of the Pioneer Parkway is to get people on Beltline and get them off of Game Farm Road.  He said they had an agreement when the count of cars reached more than 10,000 cars per day, they would think about Pioneer Parkway.  He added the same thing would happen with North Game Farm Road   He wanted to have people getting out of Patrician Park not having to fight with traffic.


Sorenson agreed he would include that in his motion.


Dwyer said Mrs. Highland owns Patrician Mobile Home Park and they want to give her options.  He said if they will give them another option and she decides she doesn’t want to do it, then it is her decision.


Arnis proposed to continue to cooperate to incorporate another access on East Game Farm Road.


Sonny Chickering, Public Works, explained that the Board’s packet includes a draft board order with staff’s recommendation for the north link, Game Farm Road South.   He noted there were seven issues that staff was asking to make a recommendation on.  He said the order recommends that the Board concur with portions of the city council recommendations as it is written.  He said it currently states that the Board would support reconstruction of Game Farm Road South from Beltline to Deadman Ferry as the north link.  He added it would approve closure of the south leg of South Game Farm Road at Beltline.  He noted it would include approval of a seven to nine foot sound wall and approve use of a two-lane roundabout as it is written today.  He added it would support removal of parking along Hayden Bridge.  He indicated he wrote sections where the Board would suggest that the City of Springfield reconsider a few issues, specific pedestrian and bicycle accommodation at and near the roundabout and the additional width for the bus rapid transit and support compensating or mitigating the effects to septic drain fields that are related to the bus rapid transit right-of-way impacts.


Dwyer was concerned about taking parking away from the homes along Hayden Bridge.


Sorenson suggested adding Patrician Mobile Home Park language and the sound wall.  He was not comfortable approving it the way it is written.  He was willing to add other things but he didn’t want to add the parking.


Chickering indicated that parking would need to be removed in either case.


Sorenson asked how they would get BRT built so it would be effective.  He wasn’t opposed to the other concerns.  He thought the roundabout would move more people through the intersection faster and safer.  He added it was part of the BRT design.  His original motion included the roundabout, the LTD suggested width and LTD doing the condemnation.


Green recalled on April 14 the City Council of Springfield approved the project and they recommended that staff work with the property owners and residents to modify the driveways with the owners’ consent.


Sorenson asked about the efficacy of a seven-foot sound wall.


Arnis indicated the sound wall study did not include BRT in the study.  He said the reason there is a range of seven to nine feet on the sound wall height is that the dwellings that are affected by traffic are differing distances from the roadway. 


Sorenson withdraw his first motion. Green withdrew his second.


MOTION:  to move to tentatively approve ORDER 04-4-14-14 with the following changes: 1) that they have the BRT width as recommended by Lane Transit District; 2) that they have LTD handle the condemnation in agreement with the County and the City of Springfield; and 3) include the rest of the language except where stated  “where feasible” is taken out.


Sorenson MOVED, Green SECONDED.



Dwyer was not convinced that a two-lane roundabout is the solution.  He was reluctant to take away the people’s parking on Hayden Bridge.  He was happy that they are giving the owner of Patrician Park an opportunity to get their people in and out as opposed to just Game Farm Road.  He commented that the roundabout would result in many accidents. 


Hampton was glad there were minimal impacts on the people.  He commented that he doesn’t like roundabouts but he didn’t think it was enough to impede the progress of this project.


Sorenson commented that there would be a reduction in air emissions and it would be a cheaper way to move traffic.


Chickering suggested that the Board move a tentative approval and have staff return in a week with a revised order so they could review it.  He noted the way the order is currently written, there is a section that states which items the Board of Commissioners concurred with.  He added there is a separate section that is described as a recommendation that is forwarded to the City of Springfield.


Sorenson agreed that this should be tentative because there are a lot of uncertainties.  He thought writing this up would be a good safety valve.  He wanted to see the BRT lane width as part of what they want in the project.  He added that there should be softening of the language about the parking removal.  He also wanted the sound wall, the north link, and septic drain fields included.  He added that they had to include the LTD condemnation.


Chickering said they could re-write it this week and bring it back next week.


Vorhes indicated they should state what the design should be and they would concur with Springfield if they agree.  He said if Springfield doesn’t agree, they would have to discuss the differences to get to a concurrence.


Chickering noted the order discusses making specific bicycle and pedestrian improvements at the roundabout.  He said they didn’t list what they were.  He was confident that he could work with staff at the City of Springfield to get those features into the project.


Green noted this matter would return on June 16.


VOTE: 4-1 (Dwyer dissenting).

















There being no further business, Commissioner Green adjourned the meeting at 5:10 p.m.



Melissa Zimmer

Recording Secretary