The Department of Land Conservation and Development says the Home Depot proposed for 28th Street and Marcola Road should not be allowed because the area may be designated for nodal development in the yet-to-be adopted Eugene-Springfield Transportation System Plan, or TransPlan. The idea behind nodal development is to cut down on traffic congestion by encouraging neighborhoods of shopping, offices and other businesses within walking, biking or bus-riding distance for residents.

"A 136,000-square foot Home Depot is typical of auto-oriented, big box retail development that is appropriate outside of nodes," said DLCD planner Larry Ksionzyk in a letter to Springfield officials. "It is principally auto-oriented and it has relatively low employment density."  City Council President Lyle Hatfield on Wednesday said the objection probably won't carry much weight with the six councilors who will decide Monday evening whether to allow the Home Depot.

More than half of Home Depot's 11-acre proposed site is designated in the Eugene-Springfield Metropolitan Area General Plan for industrial use. So, before it begins building, the Atlanta-based retailer needs the City Council to approve a change to retail use.

Hatfield said it would be unfair to Home Depot or anyone else seeking a zone change if officials based their decision on  standards - in this case, the node proposals in TransPlan - that have not yet been adopted.  "You're not supposed to change the position of the goal posts halfway through the game," Hatfield said.

Frank Parisi, a Portland attorney for Home Depot, said DLCD's advice cannot be taken seriously because state law requires officials to use standards that are in place at the time a land use request is made. Rather than wanting to "seriously hassle" Home Depot, Parisi said, state planners may be using the issue to encourage Springfield to proceed with nodal development in long-term planning.

TransPlan, which must be approved by the Eugene and Springfield City Councils, the Lane County Board of Commissioners and the Lane Transit Board, sets policy and price tags for road improvements, bike paths, bus service and nodal development in an effort to reduce traffic jams.

TransPlan is currently in draft form. The draft proposes 14 areas in Springfield for nodal development. However, Hatfield said he believes that there are just six node sites that may be developed in the next decade, and they don't include the 50 acres the encompass the proposed Home Depot site.

The area is near industrial firms, including the Kingsford charcoal briquet plant, Hatfield said. Instead of a mix of homes and businesses, he said, the area may evolve in a similar fashion to Springfield's International Way, which has attracted industries, including the Sony compact disc plant.

In a letter to DLCD, Springfield planning official Mel Oberst argued that the zone change for Home Depot would reduce traffic in the metro area because Springfield residents currently have to drive to Home Depot and Jerry's Home Improvement stores in Eugene. In a reply letter, however, DLCD's Ksionzyk noted that other tracts in Springfield are already zoned for retail development and that Jerry's already is planning a store on retail-zoned land in Springfield outside a proposed nodal development spot.

"The issue is not whether there should be a Home Depot or some other larger home improvement store in Springfield, but whether or not it should be located in an area proposed for nodal development," Ksionzyk wrote. If the city approves the zone change, the state can appeal to the Land Use Board of Appeals.  Source: May 31, 2001 Register-Guard, by Ed Russo.

Grants are available to transform 500 acres of pastures along the river east of Florence into wetlands. The proposal, called the Siuslaw Estuary Enhancement Project, would reclaim acreage sandwiched between existing wetlands and could result in a 1,000-acre area of tidally affected wetlands 5 1/2 miles  long. "That would make the Siuslaw probably the best-protected and most restored estuary in Oregon," says Bruce Taylor, executive director of Oregon Coastal Wetlands Joint Venture, a consortium of groups devoted  to restoring coastal wetlands.

But backers acknowledge the proposal could unravel because some legislators, such as Sen. Ken Messerle, R-Coos Bay, take a dim view of efforts that take agricultural land out of production. Messerle, chairman of the Senate Natural Resources Committee, has plenty of influence over the project because a key piece of funding - a $995,000 U.S. Fish and Wildlife Service grant - must be routed through a state agency. The money cannot be accepted or spent without the blessing of the Oregon Legislature. "We're losing the (agricultural) production base of some of our communities simply because of land changing private to public ownership and the land being taken out of production," Messerle says.

The senator says he doesn't oppose the project but wants to exclude 200 acres now in active agricultural use.  That kind of talk infuriates some project supporters, such as Steve Donovan, regional biologist for Ducks Unlimited.  "It's purely politics," Donovan says. "The state of Oregon is on the verge of saying `no thanks' to this money when every time you open a paper or turn on the TV you hear about endangered salmon and how we need to do things to help them."

Kate Danks of the U.S. Agriculture Department's Natural Resources Conservation Service, says it may be difficult to cut land out of the project. That's because part of the funding is a $534,000 grant that would allow her agency to purchase a  conservation easement that would commit the property to wetlands redevelopment rather than agriculture. And the state has no control over that easement process, she says.

The two parcels targeted for acquisition are a 200-acre diked tract on the north side of the river still in use as a pasture and 300 acres on the south side where the dikes are failing and the land is beginning to revert to salt marsh. The 200 acres, originally a dairy farm, has been in the Waite family for more than 80 years and now is used by brothers Elmer and Joe Waite, who have a small herd of beef cattle. Don Wilbur of Deadwood has owned the 300 acres for 25 years and has used it intermittently for grazing cattle.

The grants would be used to buy conservation easements, eventually transfer ownership to a managing organization, then pay for restoration. That work would include punching holes in the dikes and routing streams from the hills north of Highway 126 back onto the Waite pasture where they ran a century ago.

 "This has fantastic potential," says Pete Barrell, coordinator of the Siuslaw Watershed Council, which has taken a lead role in promoting the project. Barrell and other proponents say the huge block of wetlands could give salmon a much better shot at survival by giving  juvenile fish a protected area to rest and feed before they head to sea. Other wildlife would also benefit, he says.
In the last century, Barrell estimates that up to 90 percent of wetlands along the Siuslaw River have been destroyed.

He wants to add the Waite and Wilbur properties to a system of  wetlands that include 278 acres of former pastures on Duncan Island bought through a federal program and 240 acres of natural wetlands on low-lying Cox Island owned by the Nature Conservancy. Looking out over cattle grazing on the lush green Waite land, Barrell says five years exposure to tidal water would bring "incredible changes." "I'm a big supporter of agriculture," he says, "but the value this piece would add to the estuary as tidally influenced wetlands far surpasses its potential for raising beef."

Joe Waite, 56, who lives in a nearly 100-year-old farmhouse next to the river, is torn by the prospect of change to the land where he has spent his whole life. He likes the wetlands project and doesn't mind the thought of moving away.  "I would also like to see it stay in agriculture," he says. "But the market isn't here for that." Barrell hopes that ownership of the land could eventually rest  with the Siuslaw Soil and Water Conservation District with  management of the wetlands guided by a panel of agencies and organizations.

By the end of the year, he says the land could be purchased, and restoration could begin a year later. But that may be an optimistic schedule. No state agency has stepped forward to be a conduit for the big U.S. Fish and Wildlife Service grant. The Division of State Lands originally applied for it, but that request was withdrawn after critics pointed out that no legislative approval was given for the application. The Oregon Watershed Enhancement Board  has been mentioned as the agency in charge, but that isn't definite, says deputy director Ken Bierly.

Discussions are continuing with Messerle and other legislative leaders about how the state might accept the money, Bierly says. But the Legislature is in the middle of its budget process, and Bierly says acceptance of the grant could complicate the budgets of interested agencies.  "We're trying to figure out a way to get clear permission to receive and expend these funds, Bierly says. "This is recognized as a project that could have a lot of benefit for anadromous fish."  Source: Register Guard, May 25, 2001, by Larry Bacon. Illustration by Stephanie Barrow, The Register Guard.

However, some backers of the bill are unhappy with the amendments the Senate Judiciary Committee made to the legislation before passing it on. They now are weighing whether to pull their support for the bill.  Other backers and the bill's co-sponsor said they are comfortable with the amendments.  "I think this is a positive development, a significant step to protect citizens from intimidation through litigation," said Randy Tucker, a lobbyist for 1000 Friends of Oregon, a land-use advocacy group.

 Bill supporters say developers and others have used lawsuits or threats of litigation to intimidate citizens and discourage them from speaking out on public issues such as development proposals. They say Oregon has examples of defendants of so-called strategic lawsuits against public participation, or SLAPPs, spending thousands of dollars in legal costs before a judge ruled the lawsuits frivolous and threw them out.

A group opposing the Parkland Village annexation in Corvallis recently received a letter from the developer's attorney asking its members to retract statements made in a flier it circulated or the developer would begin litigation. Group members said the letter was a SLAPP. The developer argued the group was giving out false information that needed to be corrected. Corvallis voters defeated the annexation measure during Tuesday's election.

The bill would give defendants in such lawsuits a legal tool known as a "special motion to strike." A judge could grant the motion and dismiss the lawsuit before defendants' legal costs mount.  A defendant who prevails on the motion would be awarded attorney fees and costs. If a judge rules that the defendant's motion is baseless, the plaintiff would receive the same compensation.

In addition to some technical changes, the amended bill wouldn't allow defendants to receive punitive damages and doesn't include language that explains the reason for the bill. It also adds language that while the bill creates a procedure for seeking dismissals of claims, it does not "affect the substantive law governing those claims."

Some backers feel the amendments give up too much. Both the League of Women Voters of Oregon and Oregon Communities for a Voice in Annexations are deciding whether to withdraw their support for the bill.  Other backers believe it's time Oregon's legal code recognizes SLAPPs. Merilyn Reeves, president of Friends of Yamhill County, said her lawyers have assured her that the amendments do not weaken the bill.  "Oregon is a public participatory state, and they need this law on the books," she said. "Let's hope it works."

Rep. Kurt Schrader, D-Canby, who sponsored the bill along with Rep. Lane Shetterly, R-Dallas, said he's "very comfortable" with the amendments. "This is a strong, anti-SLAPP statute," he said. A bill introduced last session would have given civil immunity to speakers who make statements at certain public hearings. That bill passed the House but eventually died in the Senate. This session's bill is stronger, Schrader said, because it not only protects speech but also written statements and conduct. "We're in great shape," Schrader said. "I like it."

If the Senate passes the bill - which backers are confident will happen - it would need to go back to the House for its concurrence to the amendments. The bill would go to a conference committee if the
House rejects it. The committee allows members of both chambers to iron out differences in the bill.  If it passes out of the Legislature, it then heads to Gov. John Kitzhaber for his signature before it can become law. Source:  5/18/01 Corvallis Gazette-Times, by Christian Hill.

Lawmakers know very well that the threat of so-called strategic lawsuits against public participation, or SLAPPs, is real. The League of Women Voters of Oregon says about 50 SLAPPs have been filed in Oregon since 1994 -- most of them aimed at muzzling citizens opposed to new land
developments.

The state Land Conservation and Development Commission has issued a thick report titled "How to keep people in planning" that describes how SLAPPs are discouraging citizens from getting involved in government decisions.

And there's a powerful recent example in Corvallis, where a developer threatened to take a citizens' group to court for its comments against an annexation proposal. The threat was enough -- some citizens withdrew, lawn signs were hastily pulled down.

House members saw clearly how SLAPPs threaten to quell public debate in Oregon, and voted 50-8 for a bill that would give citizens some protection from such suits.  House Bill 2460 would allow defendants in civil suits to quickly challenge allegations arising out of statements made in a public forum. It wouldn't grant citizens immunity from legitimate allegations of defamation or libel,
but it would permit them to file special motions to strike and allow judges to put an abrupt stop to frivolous SLAPP suits.

It's an important bill, and yet it won't emerge from this Legislature unless Senate leaders shepherd it quickly through the Judiciary Committee. Senate President Gene Derfler is shutting down committees this week, and the Judiciary Committee must move the SLAPP bill today or Wednesday.  The House has stood up for citizens and for free speech. If senators now fail to act, the next citizen struck with a SLAPP suit will know who let it happen.  Source:  May 15, 2001, Oregonian.

The original design included no access from Highway 126. The project required Florence City Council approval to go forward, and council members said in March that their approval was conditional on the design being modified to allow eastbound cars to turn right into the center from Highway 126.

Highway officials at that time said the change would require review and approval from a Department of Transportation regional access engineer - a process that could take too long to meet the goal of calling for bids on the project this month. The officials asked the council to give unconditional approval based on state assurances it would seek a later modification to allow the access. Delay could cause project money to be reallocated, they said.

But, by a 3-2 vote, the council stood firm and refused to endorse the project unless the specifications included a way to  allow eastbound traffic on Highway 126 to continue to make  right turns into the shopping center and eastbound traffic leaving the center to turn right onto the highway. Approval for the change came much more quickly than usual, Karl Wieseke, project leader, said Wednesday.

Bids are to be opened May 24, he said, and a contract likely will be awarded within 30 days of the bid opening.  "It was only through everyone cooperating very quickly that we were able to keep our May schedule for advertising (for bids on)  the project," Wieseke said.

A similar project proposed eight years ago died on the drawing board because of lack of city support and concerns about access to the shopping center. The work is intended to improve safety at the intersection. It would widen Highway 126 near its approach to Highway 101 and let two lanes of traffic turn left onto Highway 101 at the same   time. The curving right turn lane that now allows northbound Highway 101 traffic to turn freely onto Highway 126 will be eliminated.

The existing access to the west end of the shopping center  from Highway 101 will be removed. Plans call for all traffic movements to be controlled by a signal light. Two new crosswalks, both controlled by lights, will be added. Wieseke expects work to be completed in the spring. The most disruptive work will be delayed until after Labor Day, he said, and during the winter motorists can expect work on both sides of Highway 126 and occasional one-lane traffic in the work area.  Bob Pirrie, Department of Transportation area manager, said the construction schedule was designed to minimize the effect on tourist traffic. He hopes all work can be done before the start of the Rhododendron Festival in mid-May 2002.  Mayor Alan Burns said he was glad the city didn't lose the  project and that access to the businesses in the shopping center will continue.

Mike Owen, owner of the majority of the businesses in the shopping center, tried unsuccessfully to persuade highway engineers to design a sheltered left turn lane to allow westbound traffic on Highway 126 to continue to turn into the  shopping center, but highway engineers refused.

The right-turn access for eastbound traffic was the best compromise possible, Burns said. Wieseke praised the property owners for quickly reaching an agreement among themselves  that resolved the access issue. Burns said the council will continue to press for signs east of  the shopping center telling westbound traffic to turn left onto Quince Street to access the center. He said the city also wants speed limits on Highway 126  reduced as it approaches the intersection, and flashing lights embedded in the pavement to call attention to a new highway  crosswalk near Quince Street.  Source:  May 20, 2001 Register Guard, by Larry Bacon.