April 22, 1998
REGULAR MEETING BOARD OF COUNTY COMMISSIONERS
Harris Hall Main Floor 1:30 p.m.
Commissioner Steve Cornacchia called to order the April 22, 1998, meeting of the Lane County Board of Commissioners at 1:35 p.m. with Commissioners Ellie Dumdi, Bobby Green, Sr., and Peter Sorenson present. Commissioner Weeldreyer excused. County Administrator Bill Van Vactor, County Counsel Teresa Wilson, and Recording Secretary C. Daniel Lindstrom were also present.
Commissioner Cornacchia re-convened the meeting at 1:35 p.m.
16. COMMISSIONERS' ANNOUNCEMENTS
Commissioner Dumdi announced that the week of April 20 was designated as Secretaries Week. She and the other commissioners expressed appreciation to those who performed secretarial tasks for the County.
17. PUBLIC HEARINGS
a. SECOND READING AND PUBLIC HEARING/Ordinance PA 1110/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" to "Marginal Land" and Rezoning that Land from "E-40/Exclusive Farm Use" to "ML/Marginal Land"; and Adopting Savings and Severability Clauses (file PA 1480-97; Waterbury).
Commissioner Cornacchia read Ordinance PA 1110 by title and explained that the
board was to hold an evidentiary hearing on it. He determined that no commissioner had a
conflict of interest or had had ex parte contacts regarding the matters
concerned.
Mr. Copely presented the staff report regarding the amendment application. He reviewed the character of the request, issues involved, alternatives available, and stated that staff recommended that the ordinance be adopted. He explained that the Planning Commission had been unable to come to a formal recommendation regarding the ordinance. He suggested that reasons the commission was unable to do so were bylaws then in effect and because new members may not have fully comprehended the role of the commission.
Commissioner Cornacchia opened the public hearing.
Al Couper, 2258 Harris Street, Eugene, stated that he represented the
applicants. He said that his clients agreed with the recommendation of staff to approve
the application.
Mr. Couper addressed issues raised by consideration of the application by the Lane
County Planning Commission. He suggested that members had difficulty in differentiating
between legislation and application of existing laws. He said that concerns raised about
urbanization were not applicable and that location of the proposed development was
mistakenly identified as an issue.
In response to a question from Commissioner Green, Mr. Couper said that the lack of
opposition to the application was indication that water limitation was a concern to area
residents.
In response to a question from Commissioner Sorenson, Mr. Couper said that income and
productivity tests, combined with tests to determine the type of soils on the property in
question were the only analyses required for the application to be approved.
Ralph Christensen, 2535B Prairie Road, Eugene, stated that he was a
hydrogeologist associated with Engineering and Geologic Resources (ERG) & Associates,
Inc., which had performed the aquifer pump and recovery test for the property in question,
as required by the Lane Code for zone changes. He said the purpose of the test was to
determine if there was sufficient water supply for the proposed development and to
determine its impact on surrounding aquifer users. He said a well log analysis had also
been used to estimate impact on neighboring properties. He stated that his tests had
convinced him there was sufficient water available for the proposed development.
In response to questions from Commissioners Sorenson and Green, Mr. Christensen stated
that he had used statistical evidence to reach his conclusion that there was adequate
water available for domestic use on lots of the projected size. He said 350-500
gallons/day of water was considered adequate for homes of 2,000 square feet.
Commissioner Cornacchia determined there was no one else present wishing to speak and
closed the public hearing.
Commissioner Green said that he supported the recommendation of staff and suggested it
might be appropriate to discuss "philosophical" preconceptions of members of the
Planning Commission.
Commissioner Dumdi stated that she agreed with Commissioner Green. She said she did not
believe the proposed development put an undue strain on public services or available water
in the area.
Commissioner Sorenson stated that he believed the income, productivity, and water tests
supported the application.
MOTION: to adopt Ordinance PA 1110.
Commissioner Dumdi MOVED, Commissioner Sorenson SECONDED.
ROLL CALL VOTE: 4-0.
b. SECOND READING AND PUBLIC HEARING/Ordinance No. 2-98/In the
Matter of Amending Chapters 10 and 16 of Lane Code to Revise Provisions With Regard to the
Floodplain Combining District (/FP) and the Floodplain Combining Zone (/FP/RCP) (LC 10.271
And 16.244) and Declaring An Emergency.
Mr. Copely stated that the purpose of the proposed ordinance was to bring Lane Code
floodplain standards into compliance with State Building Code provisions.
In response to a question from Commissioner Sorenson, Mr. Copely explained that it
would not be possible for Lane County to establish more strict floodplain standards than
those provided in the building code.
Commissioner Cornacchia opened the public hearing. He determined there was no one
present wishing to testify and closed the public hearing.
MOTION: to adopt Ordinance 2-98.
Commissioner Green MOVED, Commissioner Dumdi SECONDED.
ROLL CALL VOTE: 4-0.
18. OTHER BUSINESS
Public Works
a. REPORT BACK/Status Report on Hearing Schedule and Proposed Amendments to LC 16.210
for the F-1 Zone Concerning Whether or Not to Allow New Dwellings.
Public Works Land Management Planner Kent Howe introduced a status report on proposed
amendments to the Lane Code for the F-1 Zone, Non-Impacted Forest Land. He discussed
posted maps showing rural fire protection districts in the County and property zoned F-1.
He reviewed actions of other Oregon counties regarding proposed rules concerning whether
to allow new dwellings in the F-1 Zone.
Land Use Planning Senior Planner Jim Mann distributed copies of a document entitled
"BCC F-1 Dwelling Checklist" and suggested that it could be used as a guide for
decision making by commissioners. He reviewed options available and an analysis of
potential new dwelling criteria in the F-1 Zone.
An additional packet of material was distributed containing documents related to a
160-acre template test, fuel break standards, and fire protection foam systems. The
documents were reviewed. A video was shown of a demonstration of the RRU-500 Class-A Foam
Fire Fighting Unit.
Lane County Building Official Roger McGuckin distributed copies of a document
containing questions and answers regarding the cost of water reservoirs and residential
sprinkler systems. He reviewed the information contained in the document.
Oregon Fire Marshal George Crosier discussed the services of rural fire protection
districts to residents within and outside district boundaries. In response to questions
from commissioners he expressed the opinion that it would be better to permit new
dwellings in F-1 zoned property only when the property was within a rural fire protection
district. He said his opinion did not imply that a dwelling outside such a district was
not safe it if had appropriate fire suppression equipment. He also said fire risk deed
restrictions were helpful for education purposes, but were on shaky ground if challenged
in court.
Commissioner Sorenson said he believed the difficulty in determining boundaries of
rural fire protection districts complicated the issue of whether new dwellings in the F-1
Zone should be limited to the districts. He said he supported doing so.
Commissioner Dumdi expressed concern about hardships the proposal of Commissioner
Sorenson would impose on owners of property not located within a district.
Commissioner Green said that his opinion could be influenced by additional information
regarding the efficacy of fire sprinkler systems. He said he did not favor requiring foam
fire suppression systems.
Commissioner Cornacchia suggested that the board should postpone a decision regarding
issues involved with new dwellings in the F-1 Zone until Commissioner Weeldreyer could
participate in the deliberations. He said he believed an additional meeting would be
needed. He also said he had moved beyond prohibiting dwellings in the zone.
Mr. Howe suggested that commissioners could make a decision about whether to allow new
dwellings on 200 acre noncontiguous tracts. Commissioner Cornacchia determined there was
consensus to postpone any decision until a meeting when all commissioners were present.
Commissioner Cornacchia recommended that commissioners retain all information they had
received regarding the item.
19. REGIONAL PARTNERSHIP
Commissioner Cornacchia referred to a memorandum from Commissioner Weeldreyer dated
April 21, 1998, regarding a recommendation that Lane County request to be designated as a
pilot in the newly organized Regional Partnership Program of the State of Oregon
distributed at the beginning of the afternoon session of the meeting. He said he would
have preferred to have received a packet of background material and additional information
about the program.
Commissioner Sorenson stated that Lane Council of Governments (LCOG) had invited the
Board of County Commissioners to a meeting on April 16 with the Regional Strategies Team
of Governor Kitzhaber. He said the uniqueness of the recommendation was prompted by the
request of the governor for decisions about pilots in the Regional Strategy Program be
made by April 30. He said the major issue regarding the recommendation was whether Lane
County should apply to be a pilot on its own, or as part of a consortium several counties.
LCOG Economic Development and Business Financing Senior Planner Jim Zelenka stated that
he had prepared the memorandum under consideration and that it had been drafted under his
direction and contained his analysis of the April 16 meeting.
Lane County Management Analyst Tanya Heaton distributed copies of a file note she had
prepared regarding the Regional Partnership proposal. She reviewed her observations
regarding the April 16 meeting, noting that the recommendation of those attending the
meeting was to apply for pilot status and to focus on Lane County alone in the request.
Ms. Heaton pointed out that her file note contained questions asked at the meeting for
which information had since been gathered. She suggested that commissioners raise the
questions with Mr. Zelenka.
Commissioner Cornacchia asked a series of questions regarding the meaning, purpose, and
potential results of participating as a pilot in the Regional Partnership Program. Mr.
Zelenka replied that the program was an attempt to place special focus on regional
transitions; provide better targets for State investments; involve regional partners in
targeting of the investments; and would utilize resources of the Economic Development
Department, Department of Transportation, Department of Environmental Quality, Community
Development Block Grant program, HOME program, Northwest Timber Initiatives program, and
land conservation programs. He said specific results of partnerships were not identified
since each would be unique.
Ms. Heaton said that funding for establishing pilots in the program was development of
the concept.
Commissioner Cornacchia stated that he appreciated cooperative efforts and was
comfortable with accepting the recommendation because of the public process which had
brought it about.
Commissioner Green said that issues involved in the recommendation were important, but
that he believed there were concerns regarding the use of County staff. He said he would
accept the recommendation.
Commissioner Sorenson said that he believed there was a risk in not applying for pilot
status in the Regional Partnership Program was that the County, nonprofit agencies, and
other local governments would not be eligible for available economic development support.
Commissioner Cornacchia determined there was consensus for Lane County to seek
recognition as a pilot in the Regional Partnership Program before April 30.
20. EXECUTIVE SESSION
None.
21. EMERGENCY BUSINESS
a. ORDER 98-4-22-23/In the Matter of Settling Claims of
Dorothy Crapes.
County Counsel Teresa Wilson distributed copies of and described Order 98-4-22-23
as discussed in the executive session.
MOTION: to approve Order 98-4-22-23.
Commissioner Dumdi MOVED, Commissioner Green SECONDED.
VOTE: 4-0.
The meeting was adjourned at 4:05 p.m.
C. Daniel Lindstrom, Recording Secretary
