April 9, 2003

1:30 p.m.

Commissioners' Conference Room

APPROVED 4/30/03


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




a. PUBLIC HEARING AND FINAL ORDER 03-4-9-10/In the Matter of the Vacation of a Portion of Duncan Slough Road (County Road Number 499), Located South of Bernhardt Creek Road Near Karnowsky Creek, in Sections 22 and 23, Township 18 South, Range 11 West of the Willamette Meridian (18-11-22 & 23). (NBA & PM 1/15/03 & 2/26/03).


Bob Ezell, Land Management, passed out an overview map. (Copy in file.) He explained the public hearing is a petition to vacate the south end of County Road Number 499, which was established as a County road in 1892. He noted it is a 40-foot wide road. He added the section proposed to be vacated by petition is 1.4 miles in length and located entirely within the Siuslaw National Forest. He said the Board has to find that it is in the publicís interest to vacate a road.


Ezell said that Gloria Brown, Siuslaw Forest Supervisor, petitioned the County to vacate the road. She said they have a wetlands project and the road interferes with that project. He noted in order to access the road, drivers have to go over a private road owned by Davidson Industries with a gate at the lower end. He said if the road were vacated, it would not prohibit any current legal access to the Siuslaw National Forest.


Ezell stated they had posted the road as is required by law and provided certified mail and notification in the Siuslaw News and the Register Guard. He noted there were no objections to the vacation of the road and the Public Works Director has recommended that the road be vacated.


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


MOTION: to approve ORDER 03-4-9-10.


Morrison MOVED, Green SECONDED.


Morrison supported the vacation. She had reservations about the project. She noted that people in her community had not been supported this project.


Dwyer did not support the vacation, as he had reservations about the project. He didnít think people were supportive in the community.


Sorenson asked if there were other instances where the BLM had petitioned to vacate its county road.


Ollie Snowden, Public Works, explained public works moved to vacate the road about ten years ago. He said they originally initiated this and then backed off over the Forest Serviceís objections. He said the Forest Service is coming forward recommending the vacation and they are in agreement.


Johann Hogervorst, Forest Service, recalled when this was originally brought up, the County requested it. He said the reason it wasnít pursued was because there were private landowners at the bottom of the right-of-way where there were complicated negotiations. He said they werenít totally in favor of it being abandoned. He said they are working on the restoration and there are several crossings with the old road that impact fish passage. He said they wanted to remove those and it wouldnít be conducive for a county road to pull the culverts out. He noted that half of the road doesnít exist anymore. He added the other half is an unimproved road that the County hadnít examined in years. He said this is an abandoned road and the County didnít want to maintain the road. He noted the restoration is a cooperative effort between the Siuslaw Watershed Council, the Siuslaw Soil and Water Conservation District and the Forest Service. He added they receive grants nationally and from the state to restore the stream channel. He said when they acquired this in 1993, they saw opportunities to restore the channel back in the middle of the valley and they are looking to take out some stream crossings out of the road.


Sorenson asked why the Forest Service couldnít do the work with the County retaining its roadway. He asked why it had to be transferred into Forest Service ownership.


Hogervorst said the County had abandoned this road. He stated the County does not maintain the portion of Bernhardt Creek Road; it is an isolated right-of-way. He said they could let the County keep the right-of-way but their intention was to pull the stream crossings out so there wouldnít be access on the road because of salmon passage


Sorenson didnít object to the project, he asked what was in the public interest to vacate the access.


Hogervorst responded the access would be the same, that people would still be able to access the road. He said if the County wanted to keep the right-of-way it would be okay.


Lininger asked if there was a problem for this to be retained in County ownership and permitting the culverts to be removed. He asked what Snowdenís preference was.


Snowden responded if they wanted to retain the right of public access, they could do it by down classing the road from a County road to a local access road. He said that reserves the right of public access and the County doesnít incur any liability for not maintaining the road. He added if they were going to keep it as a County road, they would have to come back and issue facility permits to the Forest Service to remove the culverts. He said if they want to down class it to a local access road, they wouldnít have the paperwork associated with the culvert removal if they down classed it to a local access road. He said their preference is to get it off the books because it doesnít serve any public purpose, but if the Board wanted to preserve public access then his recommendation would be to down class it from a County road to a local access road.


Green asked what the long-term plan was for this right-of-way.


Snowden recalled there is not a public right of access to get to this segment of road. He said they would have to traverse private land to get to this section of public road.


Dwyer didnít support the motion. He thought the best way to do this would be to down grade it to a local access road where the County doesnít have to maintain it. He said if things should change in the future and the public needs access, they are not deprived of access to get up the canyon.


Morrison asked if there was any notification given to any other parties about this public hearing.


Ezell responded certified letters were sent to the landowners. He said they posted the road and put notices in the Siuslaw News and the Register Guard. He added they also sent out a general mailing to the residences in the general mail. He noted they have had no objections to this proposed vacation.


Morrison stated she would be a no vote for the vacation.




MOTION: to move to down grade the status of this road to a local access road.


Dwyer MOVED, Morrison SECONDED.


Ezell said they would have to go through a public hearing process for the down grading of the road.


Sorenson added the motion would direct staff to bring the proper notification.


Hogervorst commented a large part of the population also supports this project.


VOTE: 5-0.


b. THIRTEENTH READING AND PUBLIC HEARING/Ordinance No. 5-00/In the Matter of Amending Chapter 10 of Lane Code to Adopt a Revised and Updated Version of the Eugene Land Use Regulations for Application to the Urbanizable Lands Within the Eugene Urban Growth Boundary; and Adopting Savings and Severability (NBA & PM 5/16/00, 5/31/00, 10/11/00, 1/31/01, 4/11/01, 5/30/01, 12/12/01, 1/16/02, 1/30/02, 3/20/02, 6/19/02 & 12/4/02).


Teresa Bishow, City of Eugene, noted the ordinance that was provided to the Board included the complete set of land use regulations in effect within the City of Eugene. She hoped the Board would be able to adopt the ordinance as set forth in the 1987 Urban Transition Agreement within the urban growth boundary area. She stated there had been extensive public testimony and numerous hearings before the Eugene and Lane County Planning Commissions and the Eugene City Council. She said they provided direct mail notice to interested parties who remained active during the course of the years and they provided the required Lane County legal ad concerning this project. She noted they received a few phone calls. She recalled on April 11, 2001, the Board reviewed all the changes to the draft code at that time and action was deferred to the unresolved issues of the legal challenges of Ballot Measure 7. She added that significant amendments had been made since that time.


Bishow explained the Eugene City Council had already adopted the updated land use code and it had been in effect long enough that they had changed amendments.


Green asked if they held the hearing today, if they could adopt the ordinance.


Stephen Vorhes, Assistant County Counsel, recommended against voting today. He noted the ordinance before the Board is an ordinance that has substantial changes to reflect actions the city council had taken. He said this is the first reading with the changes.


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


MOTION: to approve a Thirteenth Reading and Public Hearing and setting a Fourteenth Reading and Final Action on Ordinance 5-00 on May 7, 2003.


Dwyer MOVED, Morrison SECONDED.


VOTE: 5-0.




Morrison announced that Back to School Week was coming up.


Green stated he would be on "Ask Lane County" tomorrow about the West Nile Virus.


Sorenson noted he received a letter from Scott Bartlett regarding the LCARA Task Force.










There being no further business, Commissioner Sorenson recessed the meeting into Executive Session at 3:55 p.m.


Melissa Zimmer

Recording Secretary