September 10, 2003

1:30 p.m.

Commissioners’ Conference Room

APPROVED 11/5/03


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




a.  PUBLIC HEARING AND ORDER 03-9-10-15/In the Matter of Vacating a Portion of Maple Street, Located Between Block 8 and Block 9, in the Plat of Glenada, as Platted and Recorded in Volume W, Page 261, Lane County, Oregon, Deed Records (18-12-35-32) (NBA & PM 7/16/03).


Bill Robinson, Land Management, explained the issue is to decide whether to deny the vacation of a portion of Maple Street located between Block 8 and 9 in Glenada in Florence.  He noted the Board approved ORDER 03-7-16-8  to set a Public Hearing to evaluate the merits of whether to vacate a portion of Maple Street.  He said because the right-of-way provides legal access to the Siuslaw River, a Public Hearing is being held so that the general public is notified and could provide comment.


Robinson said the surveyor’s office received a valid petition signed by Michael Carrier, Director of State Parks and Recreation and Arletta Ross, Trustee of the Ross Living Trust, requesting a vacation of a portion of Maple Street.  He stated the petitioner is requesting this vacation in order to extend the width of the two adjoining properties.


Robinson noted the petitioners have stated that the establishment of a state park must provide public access to the river.  He said it appears that the public does not access the river through the park, but uses Maple Street to park their vehicles and the footpath from the right-of-way to the river. He added there is a stream that drains into the river near the easterly right-of-way of Maple Street and if the right-of-way is vacated, the public might lose benefit of the stream.  He stated that all required legal notices has been provided.  He said the Board has the option to approve the vacation, deny the vacation or continue the matter.  He said the Public Works Director recommended that the Board support Option 2, denying the vacation of a portion of Maple Street, as it does not appear to be in the public’s interest to vacate the right-of-way.


Commissioner Sorenson opened up the Public Hearing.


Bob Ezell, 2855 Wingate, Eugene, stated he was opposed to the vacation because if the road were vacated, the public would lose half of the street for public parking.  He noted the petition wrongly claims that the public does not use the road.  He said as staff reported, there are wheel tracks and paths leading from Maple Street alongside the Siuslaw River.  He said the petition seemed to assert that the state park dedicated to the public in 1998, Lane County no longer needed the road for public access to the beach.  He noted the problem is the park is not developed for parking and there is no opportunity for the public to park.  He didn’t think it met the test that Oregon law requires for the vacation of public lands.  He said the Board must find that it is in the public interest.


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


MOTION:  to move to deny the petition pursuant to the recommendation of the Director of Public Works for ORDER 03-9-10-15.




Dwyer commented this was the place where many people access the park.  He didn’t think the County should vacate access to the river.


Sorenson did not think this was in the public’s interest to vacate the road.  He wanted to expand the shoulder of the road as opposed to widening the road.  He suggested using road or recreation funds in working in partnership with the State Park and Recreation Department to make it possible for people to get to the Siuslaw River without doing damage to the environment.


VOTE: 3-0.


b.  PUBLIC HEARING & FINAL ORDER 03-9-10-16/In the Matter of Withdrawal of County Road Status (But Not the Public Road Status) From Duncan Slough Road (County Road Number 499), Located off Bernhardt Creek Road Near Karnowsky Creek, in Sections 15, 22 and 23, Township 18 South, Range 11 West of the Willamette Meridian (18-11-15, 22 & 23) (NBA & PM 7/16/03).


Robinson reported the issue is whether to withdraw County road status, but not public road status on Duncan Slough Road.  He said a road action for vacation of a portion of Duncan Slough Road was before the Board on May 7, 2003.  He said at that hearing the Board voted to deny vacation and directed staff to come back at a later date with an agenda item to withdraw County road status but not public road status of Duncan Slough Road.


Robinson noted that Duncan Slough Road runs southeasterly from Bernhardt Creek Road and Bernhardt Creek Road is a private road.  He stated that the County does not currently maintain Duncan Slough Road and it is not connected to a legal County road.  He said by reducing the status of the right-of-way it would relieve the County of the responsibility to maintain the road yet retain the status of the public road.  He stated the recommendation of the Director of Public Works is that this status change be approved.  He added that all legal notice had been provided by posting and publication in the Register Guard.


Green asked if there were any responses from the notices that were posted.


Robinson responded they had not received any responses.


Dwyer stated his concern is the way people access the public forests.  He wanted this to be posted as a public road, not a County road.  He wanted this but also wanted access for the public. 


Sorenson asked how they could have the road be open for passage.


Marc Kardell, Assistant County Counsel, responded that this would become a local access road, of which they could expend money.  He said the Board could spend money for the signage on a local access road, but it required specific findings.


Sorenson requested rolling this matter to have public works, the surveyor and legal counsel work on additional language that could be clear when a road moves from County road status to a public road status


Dwyer wanted something stated that it is a public road, not maintained by Lane County.


Kardell said if the desire from the Board that this be conditional on signage, he suggested rolling this matter to make sure they could make the findings that would allow them to spend money to put up a sign.


Sorenson requesting bringing this back on the Consent Calendar for October 15.


c.  SECOND READING AND PUBLIC HEARING/Ordinance PA 1190/In the Matter of Adopting Amendments to the Junction City Comprehensive Plan to Expand the Urban Growth Boundary to Include the Subject Property (a Portion of Tax Lot 1300 and a Portion of the Juniper Connector) and Redesignate the Portion of the Tax Lot From "Agricultural" Land to "Commercial," and Adopting Savings and Severability Clauses (File PA 02-5778; Safeway) (NBA & PM 8/27/03).


Jerry Kendall, Land Management, explained the vacation of a portion of Highway 99 created an island of land that is already within the city limits.  He noted that Safeway would like to use a portion of the road for commercial purposes.  He added the Juniper Connector that ODOT installed has become a jurisdiction issue, linking the state highway with city maintained streets.  He noted it would go into the urban growth boundary to give over to the city jurisdiction.  He said that staff recommends approval of the action with three problems to clear up.  He said when the Juniper Connector was installed without any land use clearance, it created an illegal lot that was part of a larger EFU zoned lot owned by a Mr. Fisher.  He added that two of the standards for this action protect farmland.  He said the applicants stated in their application that they talked to the property owner and he has no objection to the request.  Kendall thought they could use a farm management agreement, whereby if the Board chooses to address those criteria standards, the applicant would record the agreement.  He said the applicant would waive their common-law rights to file a nuisance lawsuit against standard farm practices as they may occur in the area.  He said staff recommended going ahead with it.


Kendall said they wanted to consolidate all of the subject property into one legal lot through a lot line adjustment.  He said the County was not interested in maintaining it for that purpose.  He suggested coming back for a third reading after those three items are performed before they the Board takes final action.  He noted this was approved by Junction City and there was no opposition with a unanimous vote from the Lane County Planning Commission


Commissioner Sorenson opened up the Public Hearing.


Sorenson stated that this decision is subject to plan amendment rezoning criteria cited in the agenda cover memorandum and attachments.  He said that evidence and testimony must be directed toward the approval criteria and failure to raise an issue to enable a response may preclude an appeal to the Land Use Board of Appeals.  He noted that only those persons who qualify as a party may appeal the Board decision to LUBA.  He asked if there were any ex parte contacts.


There were none.


Commissioner Sorenson opened up the Public Hearing.


Ken Diener, 536 S.E. 17th Avenue, Portland, stated he is the applicant agent representative for Safeway on this application.  He noted this process has been taking place since 1998.  He said the land involves 1.7 acres.  He said it is a .3 acre piece of property for the County.  He said this matter was approved by the city and planning commissioners.  He said they were in front of the Planning Commission and there was no opposition.  He added there had not been any opposition during the five-year process.  He said that Safeway did not have a problem with the vacation.  He added they are in the process of working on the lot line adjustment.  With regard to the farm agreement, he said Safeway would rather not do it.  He noted the farm agreement was written as a residential agreement. 


Sorenson asked why Safeway had to expand the urban growth boundary.


Diener responded the County wanted it and Junction City requested that the urban growth boundary become a clear line so it is a city maintained road. He commented the store would stay the same and a commercial pad would be created at the location.


Dwyer thought the agreement worked well.  He said regarding the farm agreement that they could strike  “for “residential purposes.” 


Sorenson suggested that Kendall review the language with legal counsel.


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


Kendall indicated the road vacation process would take six months.  He said they would have time


MOTION:  to move a Second Reading and setting a Third Reading on Ordinance  PA  1190 for January 14, 2004, indicating tentative approval, subject to the three conditions stated by Kendall.




VOTE: 3-0.


d.  SECOND READING AND PUBLIC HEARING/Ordinance No. 6-03/In the Matter of Amending Chapter 5 of the Lane Code to Designate the Meter Response Setting for Sound Measurement (LC 5.610).


Kardell reported these were technical adjustments to the ordinance dealing with sound.  He said a local expert suggested them.  He said one dealt with how they designate the readings of DBA and how it should be consistent with the way professionals do it.  He stated the other was various settings having a meter where sound is measured.  He said the standard is to use the fast response meter setting. 


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


MOTION:  to adopt Ordinance No. 6-03.


















There being no further business Commissioner Sorenson adjourned the meeting at 3:55 p.m.


Melissa Zimmer

Recording Secretary