BOARD OF COMMISSIONERS MEETING

August 30, 2006

1:30 p.m.

Commissioners’ Conference Room

APPROVED 9/13/06

 

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

 

16. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND ORDER 06-8-30-9/In the Matter of Authorizing a Grant of Easement and Maintenance Agreement Over a Portion of County-Owned Land Identified as Tax Lot 17-02-26-00705, Commonly Known as Vickery Mountain Park.  

 

Frank Simas, Public Works, explained this is an approximate 81 acre undeveloped park property located along the McKenzie River.  He noted access to the park is at Milepost 3.8 off of the south side of Camp Creek Road.  He stated the park property description includes a panhandle portion that extends out to Camp Creek Road and serves as access to the park.  He said it is owned by the County and is part of the property description.  He noted that there are two adjacent properties that adjoin the park that are owned by Eva O’Neill.  He indicated the property on the easterly side of the park is tax lot 701.  He added that she has one on the westerly side of the park, tax lot 707.  He reported when she purchased tax lot 701 in 1994, as part of the purchase there was an access easement that extended from Camp Creek Road to a panhandle that is part of the tax lot that adjoins the County property.  He added when she purchased tax lot 707, there was no independent access included with the property transaction that would provide legal access at Camp Creek Road.  She requested that the County grant access over the strip which she currently has access for on the other tax lot to provide independent access for tax lot 707.  Simas noted the property is zoned E-30, and it is not anticipated there will be any significant impact as far as deterioration of the road.  He added without legal access, it would impact her ability to get any building permits to construct any agricultural improvements or to sell the property to a third party.

 

Simas noted as part of the grant, she has agreed to pay for the administrative costs for processing the easement and maintenance agreement and agreed to assume the responsibility for maintaining the road until such time as the County develops the park property including a paved parking lot.  He indicated the amount of benefit for her assuming the maintenance is estimated to be about $400 (the cost of gravel).  He said there doesn’t appear to be any detriment to the County and her assumption of maintenance responsibility would be a benefit in that the park is open to the public.   

Commissioner Dwyer opened the Public Hearing.

 

Eva O’Neill, stated she requested the easement so she could have an agricultural building to store some hay for her horses.  She commented that it was an oversight when she purchased the property.  She indicated that she currently has an easement to the parcel she lives on that meets the description, so it is not an additional user.  She was willing to pay for all of the maintenance costs and improvements of the road.  She indicated that she had been doing that since she purchased the property.

 

There being no one else signed up to speak, Commissioner Dwyer closed the Public Hearing.

 

MOTION: to approve ORDER 06-8-30-9.

 

Stewart MOVED, Sorenson SECONDED.

 

VOTE: 5-0.

 

b. PUBLIC HEARING AND FINAL ORDER 06-8-30-10/In the Matter of the Surrender of a Portion of Prairie Road (County Road Numbers 184 and 203) and a Portion of Bailey Lane (County Road Number 783) to the City of Junction City. (NBA & PM 8/2/06).

 

Bill Robinson, Land Management, explained the request for surrender of this is by resolution No. 876 from the City of Junction City. He said they have annexed the area of the roads, one in 2004 and 2005.  He noted that this follows the city- county partnership agreement from 2004. He indicated that they would gain control over the roads for maintenance as they desire.  He said it would increase the portion of the partnership payment to them, but not the total payment.  He said they had no objections.  He noted the only call he received was from a person from the City of Junction City asking if this matter would be on the agenda today.

 

Commissioner Dwyer opened the Public Hearing.

 

Sandra Belson, City of Junction City, explained they are in partnership and taking on jurisdiction for the streets, even though they are at rural standards.  She recalled that within the County’s CIP, they had approved the County providing engineering design services for modernization of Prairie Road.   She indicated that it was the County’s contribution toward bringing it up to city standards.  She added that the city was responsible for all of the actual construction costs for curbs, gutters and sidewalks.

 

MOTION:  to approve ORDER 06-8-30-10.

 

Morrison MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

c. PUBLIC HEARING AND ORDER 06-8-30-11/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 06-5071, de Palma).  

 

Kent Howe, Land Management, explained that this Measure 37 claim is a 37-acre property zoned Exclusive Farm Use E-40 on Highway 36, about a mile east of the city of Blachly.  He said they want to divide the property into parcels of less than 40 acres and place a dwelling on each.  He indicated that they have provided an appraisal, deeds and the necessary information.  He noted they acquired the property in 1976, and at that time it was unzoned.  He stated that it appears to be a valid claim.

 

Commissioner Dwyer asked if there were any ex-parte contacts.

 

There were none.

 

Commissioner Dwyer opened the Public Hearing.

 

Jane Yates, stated she represented the applicant and had no statement.

 

MOTION: to approve ORDER 06-8-30-11.

 

Morrison MOVED, Green SECONDED.

 

VOTE: 5-0.

 

d. PUBLIC HEARING AND ORDER 06-8-30-12/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 06-5027, Troutman).

 

Howe explained that this is a 30-acre property zoned Exclusive Farm Use E-40, located three miles southwest of Veneta on Vaughn Road.  He said the applicant’s desire is to divide the property into parcels of less than 40 acres and have a dwelling on each.  He said there was no appraisal but they had provided competent evidence (a comparative market analysis) by a real estate broker.  He noted that the county administrator had waived the appraisal requirement.   

 

Howe noted that McDaniel and Claude Greeley acquired the property in 1967.  He indicated that at that time it was unzoned.  He said the McDaniels conveyed the property to their daughters in 1983 when it was zoned FF 20, with a 20-acre minimum parcel size.   He said the daughters are Cheryl and Gisele, who are mentioned in the staff report.  He added that Claude Greeley has a valid claim if the waiver goes back to what was in effect in 1967.  He added for Cheryl and Gisele, if there is a waiver, the land use regulations would waive back to what was in effect in 1983.  He said it appears to be a valid claim.  He noted the order was written in such a way that it describes the waiver out to the various timelines.

 

Commissioner Dwyer asked if there were any ex-parte contacts.

 

There were none.

 

Commissioner Dwyer opened the Public Hearing.

 

Lloyd Holtcamp, Veneta, agreed with the time of acquisition of when the property was analyzed for what zoning was in place at that time.

 

There being no one else signed up to speak, Commissioner Dwyer closed the Public Hearing.

 

MOTION: to approve ORDER 06-8-30-12.

 

Morrison MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

e. PUBLIC HEARING AND ORDER 06-8-30-13/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 06-5098, Malcolm).  

 

Howe explained that this property is about 23 acres in size zoned RR10.  He said it is located about two miles southwest of Lorane on Fire Road.  He said they want to divide the property into parcels of less than ten acres, each with a dwelling.  He said they have provided an appraisal and the deeds.   He said they acquired the property in 1977 and it was unzoned.  He indicated that it appeared to be a valid claim.   He noted in the order typographical errors on the map and tax lot, and they have corrected those in the order.  He said the correction is the property located at 7955 Fire Road Lorane, and the map and tax lot is at 20 05 22, tax lots 909 and 910.

 

Commissioner Dwyer asked if there were any ex-parte contacts.

 

There were none.

 

Commissioner Dwyer opened the Public Hearing.

 

Karl Mueller, Springfield, stated he was the agent for the applicant. He commented that this was a straightforward Measure 37 claim. He noted the property is two contiguous tax lots.  He said the applicant acquired the interest in 1977 and it was unzoned.  He noted the minimum lot size (at the time of the land division ordinance) was related to sewage and water availability.  He said they had presented the diminution of value and requested approval of the application.

 

Michael Dresser, Lorane, said he was a neighbor of the Malcolms and their claim appears valid.

 

Karen Pigens, Lorane, had two letters from landowners who were in opposition.  Her concern was that the property had been broken up once before and it is still an exception area.

 

There being no one else signed up to speak, Commissioner Dwyer closed the Public Hearing.

 

Vorhes’ summary of the two letters is the concern is around making lots smaller than ten acres in that area.  He said it didn’t raise issues of ownership, when the acquisition date was, or the reduction in value.

 

MOTION: to approve ORDER 06-8-30-13.

 

Stewart MOVED, Morrison SECONDED.

 

VOTE: 5-0.

 

17. COMMISSIONERS' ANNOUNCEMENTS

 

Morrison distributed a new publication on the arts in Lane County.  She recalled that Todd Winter, Parks, had sent the Board an e-mail regarding the vandalism that was being done at parks around the fee machines.  She had asked what the department incurred in actual repair costs and the amount of money stolen from the fee machines.  She noted the loss is over $13,000.  She said Parks is back to people working the entrances.  She added that increases their costs.

 

Van Vactor indicated that the matter would be coming to Finance and Audit.

 

18. OTHER BUSINESS

 

Letter to Jon Anderson

 

Morrison indicated that Stewart made one change regarding the spelling of Jon Anderson’s name.  

 

MOTION: to approve sending the letter to Jon Anderson.

 

Stewart MOVED, Green SECONDED.

 

VOTE: 5-0.

 

There being no further business, Commissioner Dwyer adjourned the meeting at 2:05 p.m.

 

 

Melissa Zimmer

Recording Secretary