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Approved 1/26/00

November 3, 1999

REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS

Harris Hall Main Floor - 1:30 p.m.

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

11. COMMISSIONERS' ANNOUNCEMENTS

None.

12. PUBLIC HEARINGS

a.  SECOND READING AND PUBLIC HEARING Ordinance PA 1134  Renaming a Bypassed Portion of the Florence-Eugene Highway to Red Oak Lane (17-06-33).

Bob Ezell, Land Management, reported the road is located outside of Noti and remained unnamed. He noted the County sent letters to the landowners offering them an opportunity to name the road and nothing was returned. He added the staff came up with the name. He noted they posted the road and provided the necessary public notice.

Commissioner Green opened up the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.

MOTION: to approve Ordinance PA 1134.

Dwyer MOVED, Morrison SECONDED.

ROLL CALL VOTE: 5-0.

b.  SECOND READING AND PUBLIC HEARING Ordinance PA 1135 Renaming Hass Road, a Public Road, to Josee Lane.

Ezell noted this is outside of Veneta and it came by petition of the landowners. He said public notice had been provided and recommends the Board approve this.

Commissioner Green opened up the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.

MOTION: to approve Ordinance PA 1135.

Dwyer MOVED, Morrison SECONDED.

ROLL CALL VOTE: 5-0.

c.  PUBLIC HEARING AND FINAL ORDER 99-11-3-11 The Withdrawal of County Road Status (But Not the Public Road Status) of a Portion of County Road Number 740 (Funke Road), Said Portion of Funke Road Being Approximately the Southerly 1,235 Feet of a Dead End Road, and Being Located in Section 5, Township 17 South, Range 3 West of the Willamette Meridian (17-03-05).

Ezell noted the location of this was outside the community of Coburg. He said the road is a dead-end road and the proposal is to withdraw it from County road status and convert it to public road status. He noted there is no criteria for withdrawal of a County road. He reported that one of the conditions of change of zoning of land to sand and gravel and rock products, was to change the status of this segment of road affected by the rezone from County road to public road. He noted the rezoned land lies along the east segment of Funke Road. He added conditions of approval also prevent Egge Sand and Gravel from having their land rezoned for hauling gravel. He said they will use an existing private road that runs through their property onto the east to an outlet that is south of the community of Coburg and north of the Armitage Bridge. He said the statute provides that Lane County may initiate to withdraw County road status and the Public Works director had done that. He noted in this case, the road is a dead-end paved road and the maintenance included grass cutting over the past ten years. He added there is a provision of the Lane Code (attached) that meets the criteria for withdrawal considerations (ten other items) and it is their opinion that the road complies with all of the ten items.

He announced public notice had been provided and there had been no objections except for a letter from Randy Hledik of Wildish Sand and Gravel. He stated Hledik makes a reasonable statement about their land being affected by the zone change if it is another person’s land. He noted the director reports the landowners on a public road may maintain the road but it is not required by statute. He said that Wildish and Eugene Sand and Gravel own land on each side of the road and may maintain the road if they wished. He said the director recommends approval of withdrawal of the road, as it is not needed for the County road system. He added they have provided all the public notices required by the statutes.

Stephen Vorhes, Assistant County Counsel, reported the condition was part of the proposed findings of fact that were part of the process in the land use proceeding. He noted there was the opportunity to address the condition of the process with the expectation that the process would run its course on whether the road should be continued as a county road or be reduced to public road status. He said another option was to initiate a vacation to vacate the road. He noted those were objected to by the adjacent landowners, so notice was given and they had notice to speak to the condition. He said the ultimate decision is up to the Board to conclude whether or not changing the status of the road from a county road to a public road is in the public interest.

Commissioner Green opened up the Public Hearing.

Randall Hledik, P. O. Box 7428, Eugene, reported that he strongly objects to the reclassification of Funke Road. He said Wildish Sand and Gravel participated in the Egge Sand and Gravel request for their land use action and the initial condition that was imposed during the initial proceedings was that Egge would vacate or seek vacation of that portion of Funke Road and that Egge could not haul out of Funke Road. He reported that they opposed at that time the vacation and in the final determination, the language was changed requiring Egge to either seek vacation or the reclassification. He said they did not have a chance to respond to that until this process. He noted that Egge cannot use the road anyway as a result of the other condition that is in their land use permit and will not be hauling gravel loads out of Funke Road. He added it is a condition placed on a property owner that affects the property owner that was not part of the land use application and that is why they are opposing it. He said the company has owned the property adjacent to the stretch of Funke Road for over 30 years and the expectation has been that it is a County road and they have used it to haul gravel into the Coburg area. He noted there is a need for accessing the property via that stretch of Funke Road with farm machinery and it provides access to the single residence that is there. He added the County had an opportunity through the Egge land use application to withdraw this road from the County’s responsibility after it had been there for a long period of time.

Vorhes noted that for the people going through the process in 1998, all the condition speaks to is initiating the process, it did not compel or indicate that any particular result will occur. He said it was supposed to become a joint responsibility of the owners of the adjacent properties. He said in terms of the outcome of this proceeding, there is nothing stated by the condition or land use action.

Dwyer stated when a road has a potential to become a haul road (even though it is said that no one would be using the road) it is not the County’s obligation to continue maintaining a road that used 95% for hauling. He said the County needs to move ahead with the vacation.

Weeldreyer recalled that the application Egge had was controversial as there was concern expressed to mitigate that with the residents in the immediate area. She said if this action was something they felt was part of the agreement to let the application go forward, she would have hesitation in not vacating the road. She added if they were also not notified of this proceeding (to be given an opportunity to let the Board know) then she would not want to take action today. She said Public Works on their staff recommendation had given information on what the fiscal impact was to the road maintenance operations and she wanted to know if it was significant or not.

Green noted that there is the expenditure of public funds to maintain a road that will be used by the private sector.

Ezell stated they sent out notices to 911, the school districts, and certified mail to people who are immediately affected by the proposal. He added they posted the road and it was published in the newspaper.

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

MOTION: to roll this matter for the next available meeting date and ask that Public Works send by regular mail, a notice that this action is taking place to the property owners on Coburg Bottom Loop, to notify them that this is a follow-up to another matter that they had participated in.

Sorenson MOVED, Weeldreyer SECONDED.

Weeldreyer stated she wanted to find out what the estimated cost of maintaining the road would be to Public Works. She said she wanted to err on the side of giving the residents an opportunity to give information since they were not notified by letter as adjacent property owners are notified for County maintenance.

Vorhes noted that the County did meet the legal requirement for notification.

Sorenson said he was voting for this motion if the information requested could assist a commissioner in making a decision. He said he doesn’t see an urgency to this.

Vorhes said it would take additional direction from the Board if the motion passes, to deal with the continuation of the hearing or leaving the record open and direct people within a particular distance that the record is open for written comments and set a date before the next meeting. He noted the difficulty is that if there are comments, other interested parties may want an opportunity to respond. He said the options are to either continue the hearing, leave the hearing closed or leave the record open for people to submit written comments to the Board.

Weeldreyer wanted to amend the motion to leave the written record open, close the public hearing, and to have Public Works notify those residents that live along the road that the Board welcomes any comment on this action in writing and bring it back the first week of December.

VOTE: 2-3 (Green, Dwyer, Morrison dissenting) Motion Fails.

MOTION: to approve ORDER 99-11-3-11.

Dwyer MOVED, Sorenson SECONDED.

VOTE: 4-1 (Weeldreyer dissenting)

d. SECOND READING AND PUBLIC HEARING Ordinance No. 8-99 Amending Chapter 8 of Lane Code to Add Provisions that Ratify the Creation of the Regional Fiber Consortium (Lane and Klamath Counties) and Fiber South Consortium (Lane, Douglas, and Coos Counties) (LC 8.600 and 8.700).

Green said he read the file notes and is satisfied with the responses.

Weeldreyer noted the action is to adopt the ordinance that would allow Lane County to legally participate in a membership in two intergovernmental organizations, the Regional Fiber Option Consortium (that covers Lane and Klamath County) and the Fiber South Consortium that involves Lane County, Douglas and Coos County.

Commissioner Green opened up the Public Hearing.

Larry McMullen, Springfield Utility Board, Telecommunications Project Manager, praised the work that Weeldreyer had been doing and the efforts the commissioners had put forth. He noted it was a great opportunity for rural areas who wouldn’t have a chance for getting advanced telecommunication capability because of the lack of fiber optic cable, to have a chance to get into the information world. He encouraged the Board to approve the consortia.

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

MOTION: to approve Ordinance No. 8-99.

Dwyer MOVED, Morrison SECONDED.

ROLL CALL VOTE: 5-0.

13. OTHER BUSINESS

Van Vactor distributed a calculation by David Garnick, Senior Management Analyst, showing the outcome if House Resolution 2389 were passed by the United States Congress, signed by the President and funded. He said Lane County currently gets $9,882,478 in O & C payments and this would go up to $13, 112,000— representing an additional $3,229,757.

Green noted that on Monday evening there will be a joint session with the Springfield City Council at 6:00 p.m. He added on Wednesday, November 10, there is a joint meeting with Lane Community College Board from 5:00 p.m. to 7:15 p.m.

There being no further business, Commissioner Green adjourned the meeting at 2:30 p.m.

Melissa Zimmer

Recording Secretary

 

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