APPROVED 9/20/95

August 23, 1995
REGULAR MEETING -- BOARD OF COMMISSIONERS
Harris Hall Main Floor -- 1:30 p.m.

Chair Ellie Dumdi presided with Bobby Green, Sr., Jerry Rust and Cindy Weeldreyer present. Steve Cornacchia excused. Sharon Giles, Recording Secretary.

12. COMMISSIONERS' ANNOUNCEMENTS

Green noted that this Friday is the dedication of the Walnut Grove site and that he would be attending.

Green commented that CVALCO will be hosting 15 meeting planners for a reception on Thursday and he would be attending.

13. PUBLIC HEARINGS

a. PUBLIC HEARING/The Tax Equity and Fiscal Responsibility Act of 1983 (TEFRA) With Respect to the Issuance and Sale by Lane County of $38,940,000 General Obligation Bonds to Finance a Juvenile Justice Center.

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ORDER 95-8-23-18/In the Matter of Authorizing General Obligation Bonds in a Principal Amount of Not More Than $38,940,000 to Finance a Juvenile Justice Center.

Teresa Wilson, County Counsel, reviewed the public hearing process associated with this matter. Dumdi opened the Public Hearing. There being no one present who wished to testify, Dumdi closed the Public Hearing.

Randy Green, Finance Manager, gave a brief presentation to the Board (see material on file).

MOTION: Approval of the Order. Rust MOVED, Green SECONDED. VOTE: 4-0.

b. THIRD READING AND DELIBERATION Ordinance PA 1073 Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Marginal Land" and Rezoning that Land from "F-2/Impacted Forest Land" to ML/Marginal and;" and Adopting Savings and Severability Clauses (file PA 3322-94; Aster).

Dumdi read this Ordinance into the record. Michael Copely, Associate Planner, reviewed the history of this item and outlined the options. He recommended that Board members be specific in their reasoning for either denial or approval of the ordinance.

Rust stated that a long record was made on this issue, noting that there are some conflicts in the record. He observed that there are two criteria to be used to judge this application, with one being productivity and the other the definition of management, specifically was the property entered and actively managed between 1978 and 1982. Rust noted there was conflict on these issues. He observed that Mr. Thompson indicated there were 57.13 trees per acre and Charles Chambers had indicated that the 57 trees per acre does not necessarily represent the potential productivity of the site. Rust stated that the bottom line is that the applicant has the burden of proof to show the Board that the land is not productive, remarking that he does not believe the applicant has met that burden of proof. With regard to the management, Rust again indicated that he does not believe the applicant has met the burden of proof. He quoted several excerpts (from the record) from Department of Forestry professionals and OSU staff members. Rust remarked that the vast majority of timber land in Lane County is typically not entered for long periods of time during the growth process. He indicated he would vote to deny the application.

With regard to the water issue, Weeldreyer expressed concern that there is adequate water for an indefinite period of time to support the homes. She noted there had been a Board discussion in April of last year with regard to water quantity in that area. Weeldreyer stressed her reservations in approving this application at this time.

Green indicated his concern was whether the land was suitable for reforestation, noting that the property was previously planted and there had not been an effort on the part of the current owner to replant. He stated that he would side with the majority of the Board to deny the appeal.

Dumdi remarked that she had not been present at the hearing on July 26, but had listened to the tapes and read the material. She indicated that she could not, in good conscience, deny that this is productive forest land. Dumdi stated that the evidence shows that this is a productive growing area. With regard to the water situation, she noted that research indicates that rock fractures only contain a certain amount of water.

MOTION: Tentative decision to DENY this appeal, Ordinance PA 1073, and order that findings be prepared. Rust MOVED, Green SECONDED. The Secretary polled the Board.

VOTE: 4 AYES. Weeldreyer noted her concurrence with other commissioners' statements, in addition to the water issue.

c. THIRD READING AND PUBLIC HEARING Ordinance PA 1076 Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Rural," Rezoning that Land from "F-2/Impacted Forest Land" to "RR-10/Rural Residential 10," and Taking Exceptions to Statewide Planning Goals 3 ad 4; and Adopting Savings and Severability Clauses (File PA 0658-95; Morrissey).

Dumdi read this ordinance into the record. Copely briefly reviewed this matter for the Board (see material on file), providing maps on overhead projection. Rust asked what the practical advantage of RR10 would be for the applicant. Copely replied that more flexibility would be the benefit. Green clarified that the applicant could replace one of the two residences but could not add additional stand alone housing.

There were no ex parte contacts declared by the Board members present.

Dumdi opened the Public Hearing.

Thomas I. Miller, TDM Associates, 682 Woodcrest Drive, Springfield, indicated that he represents the applicant on this matter and he presented a brief statement in favor of this zone change request.

Carol Dennis, P.O. Box A, Port Orford, indicated that she and her husband are adjacent property owners. She expressed concern that she did not receive notification. Dennis noted that the property is being sold and questioned why the application was being made by the Morrissey's.

Gavin McConas, 85140 Renegade Lane, Fall Creek, stated his comments are no longer relevant as he had been under the impression that there were to be additional residences.

Miller noted that the original application and continued work on the request had been initiated and funded by the Morrissey's and the effort has been to see that the property is sold to provide a future income for Mrs. Morrissey.

Dumdi closed the Public Hearing.

MOTION: Approve the Planning Commission's recommendation for approval of the Ordinance. Rust MOVED, Green SECONDED. The Secretary polled the Board.

VOTE: 4 AYES.

14. OTHER BUSINESS

a. ORDER 95-8-23-20/In the Matter of Authorizing the Purchase of Two Properties Adjacent to the Fairgrounds and Authorizing the County Administrator or His Designee to Execute Closing Documents (Map #17-03-31-31 Tax Lots 13000 and 13100, Corner of 13th and Jefferson)

Jeff Turk, Property Management Officer, reviewed this item (see material on file) and indicated that terms of $200,000 have been agreed upon for this property. Green asked for a definition of "fair condition." Turk noted that the parcels need significant cosmetic work. Rust suggested that the Fair Board work with the Housing Policy Board for possibly moving the dwellings to other locations when it is necessary to relocate the houses. Bill Van Vactor, County Administrator, suggested that Bob Mattson be contacted before the sale is finalized.

MOTION: Approval of the Order. Weeldreyer MOVED, Rust SECONDED. VOTE: 4-0.

8.    F.    1. ORDER 95-8-23-11/In the Matter of Accepting the Director's Report on Improvements to 6th Street South from Johnson Avenue to the I-5 Interchange, Including Assessments.

This was carried over from the morning agenda.

Teresa Wilson reported that the City of Cottage Grove will reimburse the County for sewer work and water work which is over and above the $1.1 million, but there is no additional contribution from the City of Cottage Grove. She added that adjoining property owners are being assessed for curbs and gutters, with some property owners outside the UGB being assessed (as a result of their request for the service). Wilson indicated that if further information is necessary, it will be necessary to postpone this item. Rust noted that this has already been the subject of a public hearing in Cottage Grove.

MOTION: Approval of the Order. Rust MOVED, Green SECONDED. VOTE: 3-1, Weeldreyer dissenting.

There being no further business, this meeting adjourned at 2:39 p.m.

Sharon Giles, Board Secretary