November 12, 2003

1:30 p.m.

Commissioners' Conference Room

APPROVED 11/25/03


Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Don Hampton 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 ORDER 03-11-12-21/In the Matter of Authorizing the Transfer to the City of Eugene for Public Purposes Surplus County Owned Real Property Identified as Assessorís Map #18-04-08-00-00200 (Adjacent to 29323 Gimpl Hill Road, Eugene).


Jeff Turk, Lane County Property Manager, explained the City of Eugene had put in a request to have the County transfer to them surplus property that was acquired through tax foreclosure.He noted it was foreclosed on twice, in 1966 and in 1988.He added the property was offered at a public sale in 1989 and it did not sell.He said a drawback to the property is that it doesnít have documented legal access.He said the city is in the process of planning a trail around the perimeter of Eugene called the Ridgeline Trail.He said the City of Eugene owns property adjacent to the subject property.He said they want the property in addition to the property they already own.He said they wanted to use it to act as a buffer to private properties and allow more flexibility in designing the trail.


Turk said he has had conversations with Dr. Dorn, the adjacent property owner over some years.He said Dorn expressed interest in the property but nothing had ever come to fruition as far as offers being discussed.He said that Dorn was aware of the hearing and prior to the hearing submitted a letter offering to purchase the property within a range of $7,000 to $15,000


Turk stated that public notice was published for the hearing on October 27, 2002 and November 3, 2003.


Turk noted the normal process for the sale of a property would be to offer it at a public sale.He said the County could do a private sale with the City of Eugene because it had been offered at a public sale.He thought it was best to have a public hearing in this matter.


Commissioner Sorenson opened up the Public Hearing.


Gordon Dorn, 29323 Gimple Hill Road, stated he and his neighbors disagreed with the sale of the property to the City of Eugene.He said they bought their property years ago to assure their privacy and security and to protect the animals in the area.He saidgranting public access to the landlocked property might have a major impact on the immediate surroundings.He asked if Lane County had done an environmental impact analysis on the proposed sale to Eugene.He asked if the proposal would affect his neighborís well and his pond.He asked if Eugene built the proposed trails for public access if they would have to increase their liability coverage.He said currently he and his neighbors are picking up the trash, mowing the pastures and confronting trespassers.He thinks this is about public rights versus their rights as responsible property owners.He said he was willing to pay $7,000 for the property and would pay taxes on the property.


Andrea Riner, City of Eugene, stated if the County authorizes the transfer of this land, it will become part of the Ridgeline Trail open space.She noted this property was not needed for the trail, but the additional open space would ensure a higher quality open space experience for trail users and provide improved buffering between the publicís use and adjacent private property. She said the 1998 Parks and Open Space bond measure provided funding for the acquisition to expand the trail in accordance with their parks and recreation plan.She noted because of the comprehensive nature of this proposal, it has been included in the Rivers to Ridges Regional Open Space Study and the connection is seen as an important goal to the study.†† She added the Cities of Springfield and Eugene and Willamalane Park and Recreation District and Lane County have endorsed the plan.She urged the Board to consider the transfer.


Dwyer asked if the City of Eugene had any way to secure the property from the adjacent property owners.


Riner responded the City of Eugene and Lane County all have public open space that is enjoyed by the constituents.She noted a large majority of the use is positive use.She commented they have miles of property they share with private property owners and they manage it successfully.She said they have interactions and relationships with adjacent property owners.She added that public open space is typically looked at as a benefit to live adjacent to natural open space.She noted the design of the trail in the future would include public participation in looking at that design


Janie Thomas, 29437 Gimple Hill Road, Eugene, said her property is directly adjacent to the property that has been acquired by the city for the extension of the Ridgeline Trail.She said she is active in the Stream Team and Willowcreek Wetlands and is aware of the plans for the trail system.She said they are concerned about the subject property because they want to know where the trail will go and how close it will come to their house.She said they would have the same concerns that any property owner would have when a trail system is put in next to their property.She said they werenít opposed to it; they were concerned and wanted to be involved.She was happy to be able to be involved in the process and to work with the city.She said if her issues were addressed she would have no concerns with the transfer.


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


MOTION:to approve ORDER 03-11-12-21.




Dwyer commented that the trail would not be well traveled.He said they have to have a way to preserve their natural environment.He was confident that the city at the appropriate time would work with the property owners.He noted the overall goal of having a trail system and an open space system overrides individual concerns.He wanted to make sure they work with the individuals that might be impacted by the city.He thought it was in the publicís interest to have the city acquire this piece of property.


Morrison didnít support the motion.She wasnít opposed to the open space,her concern was that the city was coming up with $5,000 and they have budget problems.She couldnít see justifying spending money on land that they donít have to maintain or manage.


Green supported the public benefit argument and the motion.


Hampton commented that the trail would exist no matter what they do with the property.


VOTE: 4-1 (Morrison dissenting)




a.FIFTH READING AND DELIBERATION Ordinance PA 1191/In the Matter of Adopting Amendments to the Rural Comprehensive Plan and the Coburg Comprehensive Plan to Enlarge the Coburg Urban Growth Boundary and Redesignate Affected Lands from a Rural Comprehensive Plan Designation of Agricultural Lands to a City Plan Designation of Parks, Recreation and Open Space and Rezone These Affected Lands from a Lane Code Chapter 16 District of EFU-40 to a Lane Code Chapter 10 District of Public Reserve; Adopting Savings and Severability Clauses and Declaring an Emergency (File PA 03-5277; City of Coburg) (NBA & PM 7/16/03, 7/30/03, 8/27/03 & 9/24/03).


Sorenson asked Hampton if he reviewed the testimony on this matter.


Hampton responded he had reviewed the testimony.


Jerry Kendall, Land Management, stated he attached nine pages of submittal that was turned in by the city during the 30-day comment period, dealing with public safety issues for including I-5 up to the center line portion into this proposal.He said the city made it clear that the EGR submittal that was given to the commissioners at the fourth reading is to be replaced by this later supplement.He added what is also attached to the supplement is a modified ordinance (if they chose to approve the action without including I-5).He noted that page 4 of 12 of the findings omitted one reference to the interest and this would go into todayís findings for Scenario B. He added this proposal is passive in nature and is not expected to have a significant impact on the transportation system.


Kendall explained the Boardís options are to approve as proposed with the interstate, approve without the interstate or deny the request.He said the city mentioned that they wanted to address the Board.He said it is his understanding that those comments will be summary in nature.He noted it opened up the small risk of a procedural appeal because the record is closed and the Board could choose at some risk to reopen the record to listen to the comments.He said if they do that they should give people notice to be able to respond to any of the comments that would require another reading.


Kendall noted the mayor in his letter requested the Board approve the ordinance as it was originally proposed, but if the Board didnít accept the arguments, they were asking the Board to approve it without the interstate.


Dwyer stated he would not vote for inclusion to the center of I-5.†† He said if the Board votes to include the center line, he might make his own motion to go to LUBA to litigate that aspect.


MOTION:to move to adopt the alternate plan of Ordinance PA 1191 to allow the urban growth boundary to the edge of the freeway.


Dwyer thought they could work with the legislature to get policing as part of another goal.


Dwyer MOVED, Hampton SECONDED.


Green reluctantly supported this motion, as he supported the original ordinance.


Sorenson thought the City of Coburg made an effort to show the need for the expansion of the urban growth boundary for the provision of the urban services.He didnít believe they made the argument that they needed to have the interstate freeway right-of-way to achieve that purpose.He didnít think they were relevant to the lands and the change in the urban growth boundary.


Hampton said it was evident to him that Coburg has a serious sewage problem.


Vorhes noted they have an ordinance in front of the Board that reflects the earlier proposal and deletes a portion of that proposal.He noted the change in front of the Board was not a substantial change.He commented that the Board was clear to act today.






Sorenson announced that the Secretary of Stateís office distributed a letter to the Board of Commissioners concerning the resignation effective November 6, 2003 of State Senator Tony Corcoran from District 4.He noted the letter notifies the chairs of Lane and Douglas counties that they have 20 days to fill the vacancy.He added it also notifies the Boards of Commissioners that they have until December 6, 2003 to fill the vacancy.


Wilson noted the Secretary of State chooses the time and place for a meeting.She thought Sorenson could make a recommendation.


Sorenson stated he would check to see if both counties could meet in Cottage Grove on December 4.


Green noted that County Clerk Charles Stern from Yamhill County had passed away.He suggested sending a card to the family.


MOTION:to send a condolence card to the Stern family on behalf of the Board.




VOTE: 4-0.(Morrison excused).










There being no further business, Commissioner Sorenson adjourned the meeting at 3:20 p.m.



Melissa Zimmer

Recording Secretary