July 13, 2005

1:30 p.m.

Commissionersí Conference Room



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




a. PUBLIC HEARING AND ORDER 05-7-13-9/In the Matter of Vacation of a Portion of Oak Road (Co. Rd.373), Located in the Northeast Quarter (NE 1/4) of Section 36, Township 20 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon(20-03-36) (NBA & PM 7/1/05).


Stewart recalled that two months ago he met on this property and viewed it.


Bill Robinson, Land Management, explained the issue is to decide whether a vacation of a portion of Oak Road (approximately 600 feet in length and having a statutory width of 60 feet) is in the publicís interest.He said Oak Road, formerly known as Mosby Road, County Road 373, was established in 1883 on the north side of Row River.He indicated the petitioner is an owner in the area, Mr. Piebenga.


With regard to receiving comments, Robinson indicated that Lane Electric let them know that there is an electrical outlet there.He said they received a letter from an A. Kincaid who had some concerns about it.He also received testimony from Mr. Piebenga.He noted that Mr. Kopke who owns land by it had been notified and not provide a formal comment.Kopke indicated early that he was concerned about a turnaround and any impact it might have on his property.


Robinson reported in 1883 when the road was first surveyed, a bridge was put out for bid at the same point.He noted in 1965 the road was altered.He said this vacation came about in 2000 as there were some improvements that were blocking the road.He said transportation planning became involved.He said the surveyorís office was informed and they worked on this until 2004 and starting working on it again this year.He explained the options would be to approve a vacation as it was petitioned for, or to deny the vacation. (That is how they prepared the order).He said that past practice and determination have found it to be in the public interest to retain access.


Doug McCart, Public Works, noted he had been on the site regarding a turnaround location.He said they didnít want to take it up to the rail as the road narrows.†† He added they tried to pick a spot that was wider that would take less fill and there would be less complications.


Commissioner Morrison opened the Public Hearing.


Liam Sherlock, Eugene, explained the Piebengas have owned the property that surrounds the segmented issue since 1996.He said they experienced difficulty with people coming onto their property, and not knowing where the property line starts and stops because of the county road issue.He indicated it resulted in the dumping of trash and trespassing on the property.†† He said that was what brought on the petition for vacation as it is a security issue for them.He said they recognize there is a resource there and they want to contribute toward the publicís access to it.He said there is no practical way to facilitate use of the river by retaining that small section of road. He said there was no other access the road allows for besides for residences.He said there was no sign of any bridge and thought it washed away in 1920.He said no one else had tried to re-build the bridge.He said unless the County was going to build another bridge, there was no reason to have the connection maintained.He said traffic is coming onto the property and parking off the right-of-way.He noted a portion of the road is with the BLM managed area and is adjacent to and within resource area land under single ownership. He noted there is no place for anyone to park on this road unless it was kept as a County road to provide river access.†† He commented that this road is a private driveway that had the County road still attached to it.He said the other side of the river wasnít vacated like it should have been 80 years ago.He said the County is not maintaining the road and there had never been a path that leads down to the river.He commented that he didnít think the County would fund this because the BLM had provided access to the river.


Sherlock said the Piebengas were willing to contribute to a turnaround. He commented that it would take the burden off the County for funding this. He said they were proposing that the public interest would be better accommodated than it is now if the Piebengasí needs would be met for security and the County would benefit by improving access to the river and deferring some of the costs to a private party.He thought this was a win-win situation.He urged for the petition to be granted.


Haring Piebenga, Cottage Grove, said they want to find a solution to the problem.He asked the Board to vacate the road because of the problems he has had in the past with people coming onto his property.


Steve Thoreson, Cottage Grove, said he is a contractor.He said they put gates up and found out about this after the fact.He commented that access to the river for the property is not a practical thing to do.He didnít think vacating it would be in their best interest.


Morrison closed the public hearing.


Robinson added they were including part of the river for a total of 600 feet.


Stewart supported vacating this portion of the road as there are other options for people to access the river.He thought the site across the river was a better access point for the public.He thought moving the gate to the railway site would provide for protection of people walking down the trail and a benefit to the public.


MOTION: to approve Option 1 to approve the vacation for ORDER 05-7-13-9.


Stewart MOVED.


Stewart wanted to take up Piebengaís offer about construction of the turnaround.


Robinson indicated they brought forth an order to deny.He said if the vacation is approved, they would come back on Consent Calendar with a motion to approve.


Van Vactor suggested that Public Works staff work with Mr. Piebenga.




Morrison indicated when the order comes back from staff that it reflect that Public Works would be directed to work with Piebenga on the turnaround.


VOTE: 3-1 (Sorenson dissenting).


Kardell explained that the order that comes back would come back with a turnaround that had been agreed to by the parties.








Fair Ground Properties


Van Vactor reported they received a letter from the Chief Operations Officer of Arlie and Company, inquiring as to whether or not they might make an offer to purchase the fairgrounds.He added they received a request from Michael Faberath indicating that his real estate company has some land for sale that they think would make a good fairgrounds site adjacent to the Junction City urban growth boundary.Van Vactor researched the board order where the Board directed to explore all options with the Fair Board.He suggested drafting a letter stating it is too premature at this point for options to sell or purchase a new site.


There was consensus to send the letter.






There being no further business, Commissioner Morrison adjourned the meeting at 2:20 p.m.



Melissa Zimmer

Recording Secretary