BOARD OF COMMISSIONERS'
REGULAR MEETING
November 12, 2003
1:30 p.m.
Commissioners'
Conference Room
APPROVED
11/25/03
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer,
Bobby Green, Sr., Don Hampton and Anna Morrison present. County Administrator Bill Van Vactor, County
Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
17. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 03-11-12-21/In
the Matter of Authorizing the Transfer to the City of Eugene for Public
Purposes Surplus County Owned Real Property Identified as Assessor’s Map
#18-04-08-00-00200 (Adjacent to 29323 Gimpl Hill Road, Eugene).
Jeff Turk, Lane
County Property Manager, explained the City of Eugene had put in a request to
have the County transfer to them surplus property that was acquired through tax
foreclosure. He noted it was foreclosed
on twice, in 1966 and in 1988. He added
the property was offered at a public sale in 1989 and it did not sell. He said a drawback to the property is that
it doesn’t have documented legal access.
He said the city is in the process of planning a trail around the
perimeter of Eugene called the Ridgeline Trail. He said the City of Eugene owns property adjacent to the subject
property. He said they want the
property in addition to the property they already own. He said they wanted to use it to act as a
buffer to private properties and allow more flexibility in designing the trail.
Turk said he has had
conversations with Dr. Dorn, the adjacent property owner over some years. He said Dorn expressed interest in the
property but nothing had ever come to fruition as far as offers being
discussed. He said that Dorn was aware
of the hearing and prior to the hearing submitted a letter offering to purchase
the property within a range of $7,000 to $15,000
Turk stated that
public notice was published for the hearing on October 27, 2002 and November 3,
2003.
Turk noted the
normal process for the sale of a property would be to offer it at a public
sale. He said the County could do a
private sale with the City of Eugene because it had been offered at a public
sale. He thought it was best to have a
public hearing in this matter.
Commissioner
Sorenson opened up the Public Hearing.
Gordon Dorn, 29323 Gimple Hill Road, stated he and his
neighbors disagreed with the sale of the property to the City of Eugene. He said they bought their property years ago
to assure their privacy and security and to protect the animals in the area. He said
granting public access to the landlocked property might have a major
impact on the immediate surroundings.
He asked if Lane County had done an environmental impact analysis on the
proposed sale to Eugene. He asked if
the proposal would affect his neighbor’s well and his pond. He asked if Eugene built the proposed trails
for public access if they would have to increase their liability coverage. He said currently he and his neighbors are
picking up the trash, mowing the pastures and confronting trespassers. He thinks this is about public rights versus
their rights as responsible property owners.
He said he was willing to pay $7,000 for the property and would pay
taxes on the property.
Andrea Riner, City of Eugene, stated if the County
authorizes the transfer of this land, it will become part of the Ridgeline
Trail open space. She noted this
property was not needed for the trail, but the additional open space would
ensure a higher quality open space experience for trail users and provide
improved buffering between the public’s use and adjacent private property. She
said the 1998 Parks and Open Space bond measure provided funding for the
acquisition to expand the trail in accordance with their parks and recreation
plan. She noted because of the
comprehensive nature of this proposal, it has been included in the Rivers to
Ridges Regional Open Space Study and the connection is seen as an important
goal to the study. She added the
Cities of Springfield and Eugene and Willamalane Park and Recreation District
and Lane County have endorsed the plan.
She urged the Board to consider the transfer.
Dwyer asked if the
City of Eugene had any way to secure the property from the adjacent property
owners.
Riner responded the
City of Eugene and Lane County all have public open space that is enjoyed by
the constituents. She noted a large
majority of the use is positive use.
She commented they have miles of property they share with private
property owners and they manage it successfully. She said they have interactions and relationships with adjacent
property owners. She added that public
open space is typically looked at as a benefit to live adjacent to natural open
space. She noted the design of the
trail in the future would include public participation in looking at that design
Janie Thomas, 29437 Gimple Hill Road, Eugene, said her
property is directly adjacent to the property that has been acquired by the
city for the extension of the Ridgeline Trail.
She said she is active in the Stream Team and Willowcreek Wetlands and is
aware of the plans for the trail system.
She said they are concerned about the subject property because they want
to know where the trail will go and how close it will come to their house. She said they would have the same concerns
that any property owner would have when a trail system is put in next to their
property. She said they weren’t opposed
to it; they were concerned and wanted to be involved. She was happy to be able to be involved in the process and to
work with the city. She said if her
issues were addressed she would have no concerns with the transfer.
There being no one
else signed up to speak, Commissioner Sorenson closed the Public Hearing.
MOTION: to
approve ORDER 03-11-12-21.
Dwyer MOVED, Green
SECONDED.
Dwyer commented that
the trail would not be well traveled. He
said they have to have a way to preserve their natural environment. He was confident that the city at the
appropriate time would work with the property owners. He noted the overall goal of having a trail system and an open
space system overrides individual concerns.
He wanted to make sure they work with the individuals that might be
impacted by the city. He thought it was
in the public’s interest to have the city acquire this piece of property.
Morrison didn’t
support the motion. She wasn’t opposed
to the open space, her concern was that
the city was coming up with $5,000 and they have budget problems. She couldn’t see justifying spending money
on land that they don’t have to maintain or manage.
Green supported the
public benefit argument and the motion.
Hampton commented
that the trail would exist no matter what they do with the property.
VOTE: 4-1 (Morrison dissenting)
18. PUBLIC WORKS
a. FIFTH READING AND DELIBERATION Ordinance
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, 8/27/03 &
9/24/03).
Sorenson asked
Hampton if he reviewed the testimony on this matter.
Hampton responded he
had reviewed the testimony.
Jerry Kendall, Land
Management, stated he attached nine pages of submittal that was turned in by
the city during the 30-day comment period, dealing with public safety issues
for including I-5 up to the center line portion into this proposal. He said the city made it clear that the EGR
submittal that was given to the commissioners at the fourth reading is to be
replaced by this later supplement. He
added what is also attached to the supplement is a modified ordinance (if they
chose to approve the action without including I-5). He noted that page 4 of 12 of the findings omitted one reference
to the interest and this would go into today’s findings for Scenario B. He
added this proposal is passive in nature and is not expected to have a
significant impact on the transportation system.
Kendall explained
the Board’s options are to approve as proposed with the interstate, approve
without the interstate or deny the request.
He said the city mentioned that they wanted to address the Board. He said it is his understanding that those
comments will be summary in nature. He
noted it opened up the small risk of a procedural appeal because the record is
closed and the Board could choose at some risk to reopen the record to listen
to the comments. He said if they do
that they should give people notice to be able to respond to any of the
comments that would require another reading.
Kendall noted the
mayor in his letter requested the Board approve the ordinance as it was
originally proposed, but if the Board didn’t accept the arguments, they were
asking the Board to approve it without the interstate.
Dwyer stated he
would not vote for inclusion to the center of I-5. He said if the Board votes to include the center line, he might
make his own motion to go to LUBA to litigate that aspect.
MOTION: to
move to adopt the alternate plan of Ordinance PA 1191 to allow the urban
growth boundary to the edge of the freeway.
Dwyer thought they
could work with the legislature to get policing as part of another goal.
Dwyer MOVED, Hampton
SECONDED.
Green reluctantly
supported this motion, as he supported the original ordinance.
Sorenson thought the
City of Coburg made an effort to show the need for the expansion of the urban
growth boundary for the provision of the urban services. He didn’t believe they made the argument
that they needed to have the interstate freeway right-of-way to achieve that
purpose. He didn’t think they were
relevant to the lands and the change in the urban growth boundary.
Hampton said it was
evident to him that Coburg has a serious sewage problem.
Vorhes noted they
have an ordinance in front of the Board that reflects the earlier proposal and
deletes a portion of that proposal. He
noted the change in front of the Board was not a substantial change. He commented that the Board was clear to act
today.
ROLL CALL VOTE: 5-0.
19. COMMISSIONERS' ANNOUNCEMENTS
Sorenson announced
that the Secretary of State’s office distributed a letter to the Board of
Commissioners concerning the resignation effective November 6, 2003 of State
Senator Tony Corcoran from District 4.
He noted the letter notifies the chairs of Lane and Douglas counties
that they have 20 days to fill the vacancy.
He added it also notifies the Boards of Commissioners that they have
until December 6, 2003 to fill the vacancy.
Wilson noted the
Secretary of State chooses the time and place for a meeting. She thought Sorenson could make a
recommendation.
Sorenson stated he
would check to see if both counties could meet in Cottage Grove on December 4.
Green noted that
County Clerk Charles Stern from Yamhill County had passed away. He suggested sending a card to the family.
MOTION: to
send a condolence card to the Stern family on behalf of the Board.
Dwyer MOVED, Green
SECONDED.
VOTE: 4-0.
(Morrison excused).
20. CORRESPONDENCE TO THE BOARD
None.
21. OTHER BUSINESS
None.
There being no further business, Commissioner Sorenson adjourned the meeting at 3:20 p.m.
Melissa Zimmer
Recording Secretary