APPROVED 5/26/99

April 6, 1999


Commissioners' Conference Room - 10:00 a.m.

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




Paula Stout, 3540 Pearl, Eugene, reported that she was the Chair of the Lane County Health Department Advisory Board and notified the Board that tomorrow starts Public Health Week worldwide and nationally. She encouraged the Board to tour the Health Department in the Annex Building to see how poor the building is for practicing Public Health. She said the committee is a diverse one and she is happy with it. She acknowledged that they have not been having quorums and are having problems getting a physician and a dentist.

Sorenson requested that when the committee feels strongly about an issue of any type to be brought to the Board, that they communicate by way of either coming to the Board, asking for time on the agenda or sending written material.

Stout said it would be helpful if Sorenson would attend their meetings because he is their representative.



4. EXECUTIVE SESSION as per ORS 192.660

To be held tomorrow.


a.  Announcements



a.  CONTINUED DISCUSSION Metropolitan Area Residential Land and Housing Study.

Kent Howe, Land Management, said that on March 16, they did a Work Session regarding the Eugene/Springfield Residential Lands Study, which is part of the Eugene/Springfield periodic review. He noted that 1972 is when the Urban Growth Boundary (UGB) was originally adopted as part of the 1990 plan and that was acknowledged by the State of Oregon in 1982. He added that in 1995, this Board and the other two jurisdictions adopted programs to address the periodic review requirement, of which the residential lands was a component. He said the Board at the March 16 Work Session asked a number of questions about the location and relationship of the vacant buildable residential lands in relationship to agricultural soils and the appropriateness of the location of the UGB in relation to where the high value farm soils are. He said since the Work Session, they have had a number of staff meeting with various commissioners, and the interest is building toward addressing the issue of the appropriate location of the UGB and its relationship to high value agricultural soils. He said they have in place a long standing UGB that brings with it a lot of certainty and the ability for other long standing planning efforts that are in place. He said they are coming back today with the information on the soils. He said it is most important to continue on in the direction with this study and to bring it to a conclusion.

Dwyer said he wants to give direction regarding future growth, to protect the soils in the future and create a greenbelt and other areas around the community. He added the time to do it is now, when they are still in a position to act and grow smarter and provide the kind of leadership and community into the future that everyone could live in. He said he hopes this is the direction that it would go in the future.

Howe said they could entertain that type of direction through other periodic review requirements that they have. He said if the elected officials want to give direction through the urban reserve rule process, they can prioritize where future UGB expansion might go.

Clair Van Bloem, Lane Council of Governments, stated they created two maps (which were posted and discussed, on file ) and they were prepared to work into the other periodic review work task, the urban reserve work task and periodic review, which they are planning to start this year.

Dwyer said the conflict is between people who want to farm and people wanting to have hobby farms. He said in terms of future policy, the Board could prevent it from happening with some type of a green belt strategy that will pay the market value for the kinds of land that people want to preserve and allow in perpetuity in farming. He said if it is truly a farm, deferral could be made. He added the legislature needs to think about the kind of tax policy that is driving farmers out of the farming industry. He said he hopes to have a discussion to see how the community can be helped into the future with the issues and pressures of growth and provide the kind of leadership that is necessary for the planners to have that consideration.

Green said there is talk about having compact urban growth, open spaces, meeting the housing needs, keeping the UGB permanent and protecting farm land. He said something has to give and wondered what it would be.

Dwyer said it could be done by expanding the boundary and designating the land as open spaces when expanding the boundaries.

Van Bloem mentioned that one of the implementation measures in the land study was to discourage urban development outside the UGB and encourage farmland owners to continue farming outside and adjacent to the UGB. She added as they look at the land on the fringe as a high value and buildable site, based on the 1995 supply, it could accommodate 7,000 units, and as of 1999 there is enough land for 20 years, but adjustments would have to be made for the future.

Sorenson questioned what policy options will be presented to the Board and what kind of policy Van Bloem wanted them to approve.

Van Bloem noted staff wanted to proceed with this study as it is with the UGB, and look at maintaining prime high value soils as they look at the urban reserve plans.

Jim Croteau, City of Eugene, stated the Board received a notebook previously, and the task in periodic review was to update the supply and demand analysis for residential lands. He said to update the projects, they need to include how many, the type of housing and inventory that is needed for a 20 year period, taking out constrained lands and to see if the supply in the inventory matches the demand. He added the second part of the study is to update the policy direction in the Metro Plan for residential land use and housing. He said in the study, the Board will see the policies that are being recommended by the three planning commissions to replace those in the Metro Plan. He said in addition, the Citizen Advisory Committee and the Planning Commission recommended a series of implementation activities that if one of the jurisdictions chose, they could examine the lands outside the UGB. He said the tasks of the study are to update the supply and demand analysis, to make sure they are meeting the required 20 year supply and new policy direction for the Metro Plan, and that is what the Public Hearing will be about.

Green questioned where the private sector's viewpoint is built into the study from the standpoint of the homebuilders.

Croteau covered the Planning Commission's response to the public testimony. He said the material that is provided in the notebook provides the spectrum of issues that people were raising. He noted the interest of public purpose was an issue that came up through the Citizen Advisory Committee, that had both public and private interests on it. He said the representation is the same on all three of the planning commissions and their interests were represented.

Croteau said when the time comes to expand the UGB, the need for the housing in the future is for lower income, smaller units. He added (if needed), low income moderate priced housing was a policy direction that will be recommended to the Board, but not to the exclusion of other private interests.

Dwyer recalled it is a secondary lands problem again, whereby the land that is suitable for development is outside of the UGB that contain the types of soils that are conducive to growth, or in F-1 and other designations that prohibit that kind of development. He said look to the future to expand the UGB to include enough residential and industrial land but include green space, open space and other designations that can't be encroached by development in the future.

Green asked if there were any significant changes that staff would need to make prior to the public hearing.

Robin Johnson passed out responses to the earlier public testimony (copy in file) as requested by Commissioner Morrison.

Croteau noted the notebook contained all of the testimony that was received and has a section that highlights how the changes responded to the testimony.

Susan Daluddung, Development Director, City of Springfield, reported that in 1994 she presented the whole periodic review work program and options to the Board of Commissioners and they decided what the work program elements were going to be. She said they dealt only with the requirements because of the financial limitations. She noted it is a topic for the joint elected officials and for MPC as they have an element in the Metro Plan. She said they went for the smallest option. She said if the direction from the joint elected officials is to pursue Metro Plan type issues, they could do it as an ongoing effort.

Dwyer noted there were federal programs of open space and it is in the community's interest to see how they could start applying to protect the integrity of the County at a minimum cost to the taxpayers. He said the outlined process is the appropriate one to follow and he encouraged the Board to pursue the free market approach.

Green reported there were costs associated with whatever direction they go with and they will be able to listen to the public at the joint elected official meeting and from the other elected officials to hear their goals.

Morrison said to completely undo something that had taken this long is not prudent. She said she has concerns about expanding the UGB. She said it was prudent of the Board to take what is within the UGB and to do the best they can in residential housing, commercial development an industrial, so people who are buying houses have a place to work. She suggested creating some open space, but keeping it within bounds.

Green noted the direction from the Board is to go with this particular document and participate in the process that was in front of the Board today.

b. STATUS REPORT/Lane County Rural Comprehensive Plan - Long Range Planning Priorities (Continued Discussion on F-1 Regarding Code Amendments).

Howe stated when the Board discusses long range planning projects that they want staff to work on, it is important for the Board to understand where the project might fit in with other work program projects. He said the analysis section of the staff report covered their work program concerns. He said they have nine projects mentioned in the staff report. He said the F-1 lot of record project could be done under housekeeping amendments to F-1 and F-2 zones that would come to the Board in the next calendar year. He said their immediate in-progress work is to do the community plan for the McKenzie Watershed and changes to Lane Code Chapter 16 for the exclusive farming zones and park and camp grounds. He said the code amendments to the exclusive farm use zone (to comply with state law and park regulations) have already gone through the planning commission and are ready to come before the Board. He said the evidence of the intensity of this work is the citizen's opinion survey that is being mailed out to owners and residents in the McKenzie Watershed. He said that work will continue until the end of this year.

Jim Mann, Land Management, reported they are dealing with a concept that the Board may be interested in pursuing, the lot of record. He added it involved property where people didn't already have a residence on their contiguous property and owned it in 1984. He said in the packet they showed what it would look like with a cursory draft. He said if the Board wants to proceed with the project, they would work the draft out in more detail. He said they have a list of ownerships from LCOG that indicates who owns property containing 160 acres or more without an assessed improvement value of $5,000 or more, and they assumed that if there was such an assessed improvement value, it would reflect a residence on the property. He said they found approximately 100 ownerships who were immediate potential candidates for lot of record dwellings. He added they were not verifying if they had owned property since 1984 and they don't know if they own contiguous property that is not zoned F-1 where they might already have a dwelling on it. He said if the Board elected to proceed under the timelines, they would do more detailed work on this to get a more exact number. He said they didn't want to proceed without Board direction.

Green questioned what the costs and scope of the work would be to protect staff time.

Mann said they wouldn't be looking at more than a week of staff work to come up with more exact numbers, but the rest of the work would be accomplished as they do the housekeeping measures for the F-1 and F-2 zones.

Sorenson noted that what was not on the current work list was allowing churches to take in homeless people, modeled on the City of Eugene ordinance. He said the Human Service Commission unanimously recommended to the Board of Commissioners that they get the ordinance written.

Green said Land Management had not included this because the Board had not discussed it. He added when there is an ordinance change, there needs to be an affirmative vote on it and it requires a public hearing.

Dwyer said his theory and philosophy of land use and reasonable expectation is what the taxpayer expected to use the property for when they bought it, reflected in the market price at the time they purchased it. He said prior to 1984 if property was bought, it was expected to be managed and to have a dwelling put on it. He said they are only talking about 100 people and if they had sold the property subsequent to 1984, they don't qualify. He added to also eliminate the industrial forest base, the natural forest, and to have the doctrine of reasonable expectation. He said at that point not one citizen in Lane County would be denied the reasonable expectation about living on their land. He said it is a reasonable approach and it doesn't open up and for development or subsequent sale and will help the legitimate people who want to manage their property in forest resource base without changing the character of the County. He urged the Board to give staff direction to go forward.

Morrison agreed with Dwyer and wants this completed and is not interested in adding the homeless.

Green supported Dwyer's approach.

Sorenson said it was a good idea to come up with people's fair use of their property. He suggested not allowing to build in F-1 but change it to allow building in the F-2.

Howe responded the idea had great merit but the policy distinction that is used in describing the difference between F-1 and F-2 works against that. He said that F-2 is generally parcels less than 80 acres in size and F-1 are over 80 acres in size. He noted with F-1 being 160 acres and lot of record, they won't need the F-2 zoning.

Howe stated there was a list in the staffing report under the analysis section on page two and three, of nine items. He said last Wednesday the Board added signs on tour route as a tenth item. He said he is hearing from the Board that they are supportive of this list of proposed code amendments and to continue forward. He said he is proposing that they are in an order that is arranged in a way they would be addressed. He said one and two are mandated by state law, and they are working on the periodic review requirements. He mentioned the zone, park and campground amendments taken through the Planning Commission and they are ready to move forward. He said next would be the F-1 and F-2 zoning revisions to comply with the rules and to bring this proposal at that time.

Green asked to keep it in the same sequence as it is proposed.

Dwyer said he was not in a hurry and to proceed deliberately and do the work that is required by state law. He said he wasn't willing to drop the question of those people who were being deprived.

Howe said they will proceed according to the list and the order that is presented. He said the direction given by the Board today is tentative, subject to the budget direction that the Board is making this coming fiscal year.

Green noted there may be an addition of the homeless and they will have the discussion at the budget meeting.


a.  RESOLUTION AND ORDER 99-4-6-1 Co-Sponsoring an Application for an Enterprise Zone Designation with the City of Springfield.

Susan Daluddung noted she went to the Springfield City Council last night for the Springfield City Government and Lane County Board of Commissioners to jointly co-sponsor a Springfield Enterprise Zone. She said they have done so for the past ten years in Springfield that was co-sponsored by Lane County, as it fits within the city's economic development policy and goals to create additional industrial jobs. She said if Springfield is allowed to continue they would be the only city in the Lane County area with an enterprise zone. She said the zone had covered seven industrial developments, so it is not an expansively used tool, but sends a good message that Lane County and the City of Springfield were business minded and open and want to talk. She said they match their enterprise zone with employment goals and bring in the high value jobs that create long-time economic stability for the area. She noted the main concern expressed by the Board was the Lane County tax rate, and if there would there be a negotiation for services. She said in the fourth and fifth year of services they have to come back with an application to the City and in that process, they can negotiate beyond employment. She said what was included in the resolution last night was to include the County at the rate of 25% because the County is 25% of the complete tax rate for the area. She added the City of Springfield had agreed that should it negotiate with any business regarding the addition of new property, a payment in lieu or recognition of the tax exemption, Lane County shall receive a payment of 25% thereof.

Green agreed with that.

Dwyer said this was a reasonable way for growth to occur and the industrial land base available for the kind of development to give extension to a current tool that is about to expire. He said to allow them to go ahead and hopefully they will be successful.

Daluddung added it is not only the continuation of the zone, but they also added Glenwood.

Green stated he was in support of this and it could be the deciding factor in determining what companies get to apply. He added the bottom line is how to put the workforce to work and have a good sustainable community and good quality of life.

MOTION: to approve RESOLUTION AND ORDER 99-4-6-1.

Dwyer MOVED, Morrison SECONDED.

VOTE: 5-0.




ORDER 99-4-6-2 Contracting with Big Iron Consulting for RIS Mainframe Network and Batch Software Enhancement to Address Y2K Computer Issue.

Green stated it is a contract for Y2K.

Van Vactor noted there were two different contracts, each $50,000 or less but with the same vendor, and he wanted to be clear about the action that was being taken.

MOTION: to approve 99-4-6-2.

Sorenson MOVED, Morrison SECONDED.

VOTE: 5-0.

There being no further business, Commissioner Green adjourned the meeting at 11:40 a.m.


Melissa Zimmer

Recording Secretary

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