October 30, 2002

1:30 p.m.

Commissioners' Conference Room

APPROVED 3/19/03


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




a.PRESENTATION AND DISCUSSION/Adjusting County Boundaries.


Weeldreyer stated this item was on whether or not it is was a good idea to adjust the boundary lines between Lane and Linn Counties.


Roger Nyquist, Commissioner, Linn County, explained that in Linn County people wanted to form a recreation district.He said when they had to present a legal definition with the county boundary a problem came up because they used the center of the Willamette River.He commented that it is not necessarily their county boundary anymore.He noted their surveyor put 50 hours into getting an accurate legal description, and asked that this matter be straightened out.He asked whether they should pursue legislation that would redefine their county boundaries to reflect the center of the river boundary that was the county boundary 150 years ago.


Weeldreyer noted the last time the boundary was adjusted was in 1985.


Nyquist didnít know if there would be any adverse economic impact on either county.He didnít think either county would gain or lose tax revenues.He noted in 1985 they adjusted the boundary with Marion County and he hadnít seen anything with Lane County.He added it was possible they hadnít adjusted the boundary in 150 years in Lane County.


Gangle couldnít recall the change of boundaries being made in the 1980ís.


Nyquist said they wanted to move the county boundary line.


Weeldreyer explained the specific areas they need to address (since the river has moved) is to join with the Linn County Board of Commissioners and look at having the surveyors and assessors work together for a legal process to change the properties that are by the center of the river.She asked what the workload would be for the surveyor and the assessor if they took on such a project.


Bob Ezell, Land Management, responded he had visited with the Linn County surveyor and they had floated the river.He said they work off of aerial photographs to make the boundary adjustments.He said they adopted the river as they described it.He thought the workload would be minimal.


Gangle noted that once Ezell gets the boundary identified it would be an adjustment to their maps and to the individual parcels.


Weeldreyer noted this would have to go before the state legislature for the official adjustment.She asked if they agreed to go forward would there be time to write the bill to have it properly introduced for the upcoming session.She asked Ezell if he could meet that timeline.


Ezell responded he was familiar with the process.He hoped they would be able to give it to someone else who knew the legislative process.


Nyquist commented it would be appropriate for them to talk with the Department of Revenue.He said if they are to change the county boundary, the taxing districts are not effective.He said as soon as the boundary is changed, the county could change the legal description of the boundary to reflect a new one.


Sorenson asked if they could notify all of the districts affected that this meeting took place and the Board of Commissioners are trying to solve the problem.He thought the early involvement of all of the districts might avoid a problem in the future.


Gangle said he didnít have any information on non-levying districts in relationship to elections.


Nyquist said they could give proper notice to the affected taxing districts.He added they could place in the legislation an amendment where this is reviewed every ten years.


Weeldreyer asked if they could leave the center of the river as it was in 1850 instead of making changes.


Nyquist responded that the river keeps shifting.He added that it is important for both counties to have equal access to all parts of the river.


Weeldreyer asked that, considering the amount of information necessary and proper notification, if the Board wanted to move forward with this to get ready for the legislative session.


Nyquist said they would have something by the end of February and would have to request legislation.He didnít see proactive measures coming from counties.He thought this was something they could work on.


MOTION:to move Lane County staff to work on a resolution with Linn County staff to bring to the legislature for this upcoming session.


Sorenson MOVED, Morrison SECONDED.


Green asked if this was something that should be given to the Lane County Legislative Committee.


Vorhes noted to get to the specifics of notification; they might want to consider having the County Administrator draft a letter (or a letter from the board) to Linn County.He added it should come from the board instead of the assessor.


Weeldreyer reported the notification to Linn County would come from Bill Van Vactor.


VOTE: 4-0.




a.SECOND READING AND PUBLIC HEARING/Ordinance PA 1183/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Rural" to "Industrial", Rezone That Land From "RR-5/ Rural Residential" to "M-2/SRĒ (ďLight Industrial with Site Review"); and Adopting Savings and Severability Clauses (File PA 01-5162; Walsh). (NBA & PM 10/16/02).


Jerry Kendall, Land Management, reported the subject property is one acre in size and it is located adjacent to existing industrial land that contains the MAC truck sales facility and repair, north of I-5.He noted the reason the applicant applied for this action is to use an existing house on the rural residential land for a caretaker for the truck facility and office as well as vehicle parking for the truck sales.He stated they added an SR site review onto the ordinance to limit those uses exactly as proposed.


Sorenson asked if there was any opposition.


Kendall responded there were a few people who attended the planning commission meeting.He said they wanted to rezone their adjacent properties.


Commissioner Weeldreyer opened up the Public Hearing.


Jim Griffith, Walsh Trucking, commented the property is designated to be used with the adjacent use.He said it squares off the property and they wanted it all under the M2 for business use.


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


Weeldreyer noted that staff recommendation was that they adopt Alternative 1.


Green asked if the site review portion was to ensure the use remains consistent with the adjacent property.


Griffith noted the lots could only be used for the security, living quarters and overflow office or truck parking and that is what their interest is.


MOTION: to adopt Ordinance PA 1183.


Morrison MOVED, Green SECONDED.






Weeldreyer congratulated the Red Cross on the dedication of their new building.








Senate Bill 12


Kent Howe, Land Management, explained the legislature in response to the landslide that killed people in 1996, adopted Senate Bill 12 in 1999 to address the life safety issues that were raised.He said the direction in Senate Bill 12 is to the Oregon Department of Geology and Mineral Industries (DOGAMI) to identify areas prone to debris flows and define them as further review areas.He noted they refer to these as rapidly moving landslides that a person could not outrun.He stated they requested DOGAMI to map those further review areas and provide those maps to the local governments.He noted the bill requires local government to regulate (through mitigation measures) the site development standards, the siting of dwellings and other structures designed for human occupancy in further review areas where there is evidence of a substantial risk for rapidly moving landslides.He added it limits the ability of government to prohibit development in these areas.He said this also requires a transfer of development program where the counties and cities have to identify areas where people who build in landslide hazard areas are allowed to transfer their development rights.


Howe noted the legislature directed grant money to go to developing a model ordinance (copy in file) and the likelihood of a transfer of development program.He said that Douglas County received a grant and did the study and developed the model ordinance.He added the study results showed that in urban areas that transfer of development programs work and they achieve what is intended.He noted in a rural setting in Oregon, they donít have a place to trade lands for development rights.†† He said the maps came out and the legislation has a 10-month time frame from the time DOGAMI sets an effective date.He said the date is January 1 and the legislation states that within ten months of the effective date of the mapping of the further review areas,local jurisdictions have to adopt ordinances that are consistent with the statute.He added after the maps become effective there is a development moratorium in those further review areas until the local ordinances are adopted that are consistent with the statute.He stated it was an unfunded mandate and the statute was unclear in its direction.He commented it hadnít been done yet in Oregon.


Howe said they had a work session with the DLCD staff and DOGAMI for all of the jurisdictions to attend that were affected.He said the state geologist urged local governments to send letters to delay the start date of January 1 and they would be receptive to delaying that start date.He noted that on November 6, the State Legislators Interim Committee on Environment and Natural Resources is meeting.He said problems with wording of the legislation werenít known.He asked if the Board wanted to participate in the interim legislative discussion.He noted this would be a topic that would be discussed at AOC.He added that January 1 was the effective date where a moratorium would become adopted.He noted that local jurisdictions could not say no.


MOTION: to move to have Kent Howe draft a letter for the Board chair to sign asking for the January 1 date to be delayed.


Green MOVED, Morrison SECONDED.


Sorenson said if a draft letter could be put on the agenda for next week, it would satisfy him.He said this is not emergency business.


Weeldreyer noted that board direction is to draft a letter and bring it back to the next meeting so they would have time review it and take further action when it is no longer emergency business.


Weeldreyer noted there was no vote, it was by consensus that they gave staff direction to move on this.


Vorhes said it has potential implications for the long range planning land use work program.He said the earlier they are aware of this the better off they are.


Morrison asked to draft the time it would take to do this.


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



Melissa Zimmer

Recording Secretary