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October 12, 1998
JOINT BCC/DUNES CITY CITY COUNCIL/
FLORENCE CITY COUNCIL/PORT OF SIUSLAW
BOARD MEETING
Florence Events Center 5:00 p.m.

Board of Commissioners conducted Florence Jail Inspection, 989 Spruce Street, Florence.

6:00 p.m. (Dinner Meeting, Florence Events Center, Florence)

Commissioner Ellie Dumdi presided with Commissioners Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer, present. Steve Cornacchia was excused. County Administrator Bill Van Vactor, Assistant County Counsel Steve Vorhes and Recording Secretary Melissa Zimmer were also present.

1. INTRODUCTIONS AND WELCOME

Introductions were made for the representatives present from Dunes City City Council, Florence City Council, Port of Siuslaw and Lane County Board of Commissioners.

# 2. PUBLIC COMMENTS

Robert Cougill, 05421 Canary Road, Florence, addressed the issue of widening the thruway and increasing the speed limit. He added there are no bicycles on the road and the safety issue is a problem. He said it was a hilly area which did not encourage tourists, but is all residential. He said the proposal was premature and it didn't address the entire project. He added there is no reason to take out 20 trees He said the project will cut into his driveway and he will lose 15 trees on his property. He said his area is residential, is clear-cut and not beautiful anymore.

Joyce Keener, 05385 Canary Road, Florence, asked Dunes City and the County to drop Phase 1 of the CIP project. She said widening was not necessary and will be expensive and destructive. She added most traffic is through Honeyman Park. She said rock walls can be moved, but it can't be done with big trees on residential property. She said it will destroy the vegetation between traffic and homes and will reduce property values.

Rex St. Clyde Israel Carol, 05596 Canary Road, stated he didn't have all the information but it seemed threatening to him taking away large trees. He said other trees will be weakened and they will endanger things. He said there was no need for widening but for the necessity of a lower speed limit.

Bill Carroll, 07123 Maple Creek Road, stated he had questions about the justification for widening the street and how many accidents have happened on the road. He said he also wanted to know what provisions of the law stated the need for taking 40 feet of land for widening the road. He wanted to know if safety was the justification and why the road wasn't going to be widened to the park.

3. COMMUNITY SAFETY LEVY AND BOND

Myra Wall and Bobby Green gave a presentation on the overhead projector on the community safety levy and bond.

4. OTHER ITEMS OF INTEREST

Dumdi reported the completion of a transfer of 40 acres of land from the County on Kingwood Rd.

Florence Mayor McCorkle reported there is a proposed project on the east side of Florence. He said the County Planning Department issued permits in violation of its own condition. He said Florence is concerned as they only have until November 11 before they lose the permit.

Weeldreyer said John Cole explained he thought Florence was ahead of where they should have been. She said Land Management granted the building permit in 1993. She added the permit had been extended. She said if compliance isn't met, the deadline will come and the building permit will be revoked. She said processes still had to be done.

Bill Van Vactor, County Administrator, asked for a Land Management report to be brought back to the Board from John Cole.

Dumdi stated that she was approached about this project in 1987 and nothing came of it back then. She added it was a significant concern for Florence.

5. DISCUSSION/Schedule for FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance No. 6-98/In the Matter of Amending Lane Code Chapters 9 and 16 to Adopt Regulations Governing Boating, Construction and Erosion Control and Land Use Within the Clear Lake Watershed, and Adopting Savings and Severability Clauses.

Dumdi reported the First Reading and Setting Second Reading and Public Hearing will take place on November 4, 1998. She added the Second Reading and Public Hearing will take place on December 2, 1998 at 1:30 p.m.

6. DISCUSSION/Schedule for FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING/Ordinance PA 1122/In the Matter of Amending the Rural Comprehensive Plan and the Coastal Resources Management Plan to Add Policy and Map References to the Clear Lake Watershed Area and to Apply the "Clear Lake Watershed Protection" Zoning District to Lands Within the Area; and Adopting Savings and Severability Clauses.

Dumdi reported the First Reading and Setting Second Reading and Public Hearing will take place on November 4, 1998. She added the Second Reading and Public Hearing will take place on December 2, 1998 at 1:30 p.m.

Van Vactor apologized for the delay on the ordinances. He said the items are not available now, but will be for the readings on November 4 and December 2.

7. DISCUSSION/Intergovernmental Agreement with Heceta Water District and City of Florence.

Van Vactor reported there was good progress in keeping Lane County, Heceta Water District and Florence working cooperatively. He said in August, a Memorandum of Understanding was signed with regard to withdrawing water from Clear Lake. He added it was a vehicle to look at the intergovernmental agreement and state what the maximum withdrawal from the lake would be. He added Lane County has park land that will receive free water in perpetuity, and within five years, to turn 120 acres of land to Clear Lake and Heceta, jointly. He added, recommending not transferring the land for five years because of contingencies and concerns about legal challenges. He added the assumption in the agreement is after all rights have been determined to remain in effect at the end of 5 years, to turn over 120 acres, giving immediate access to do studies and engineering analysis for building a filtration plant. He said long- term ownership is required. He added either a 25 year lease, water lease or a long term permanent easement is needed to obtain financing. He said if it comes to pass, Lane County will execute it. He said Ted Condo's recommendation is for the County to get together to work on the text of the intergovernmental agreement this week in a rough draft. He said Lane County would take the lead with the initial draft. He said citizens may not like it and it could be subject to challenge. He said Lane County would not be accomplishing objectives of a five year lease period, but to continue with collaboration and understanding. He said if a permanent document is executed, it will not accomplish very much. He said all three governments need to be together on this. He added on December 2 the Board Order will lay out options for either a one time or recurring statute. He said the County does not have all the right of way and does not recommend the Board take the system and maintenance into perpetuity. He added that with regard to Harbor Vista and Heceta Park, the County would provide park service with two boat ramps on 40 acres. He said it would be provided to Florence at no charge.

Mayor McCorkle said it was the first time he had ever heard of the proposition. He said
it was the last point of the agreement and suddenly the County dropped in a change. He said he had a problem with it.

Weeldreyer asked what the fiscal impact of water service was in relationship to 120 acres. She wanted to know if any analysis had been performed.

Van Vactor stated that no appraisal had been done.

Mayor McCorkle said he looking at an agreement the County had dropped that would require Florence to provide water for future development.

Green said this item should be suspended until further conversations take place. He said to have something done while Ellie Dumdi is still in office.

Dumdi said a first reading on this can be brought up again at a meeting.

Sorenson questioned what the time pressure for the agreement was.

Mayor McCorkle said Heceta has been under state and federal control. He said they are in their fifth year and have received their last extension. He said something needs to be in the planning for a filtration plant to be built.

Dumdi stated the filtration plant should have been built five years prior.

Mayor McCorkle stated he will not refuse to sign an agreement, but is uncomfortable dealing with the County.

Weeldreyer asked what the city's position was with regard to parks, open spaces and livability.

Mayor McCorkle responded, "120 acres in their natural state."

Weeldreyer said there should be a way to work language to undeveloped parcels for future development.

Mayor McCorkle said to develop a 40 acre park is extreme.

Dumdi stated the issue is water limitation.

Green said that no action should be taken.

8. RESOLUTION AND ORDER 98-10-12-1/In the Matter of Approving a Project Design Concept and Acquiring Fee or Other Interests in Portions of Certain Real Properties for Improvement of Canary Road Between Honeyman Park and Clear Lake Road (MP 0.62 to MP 1.39).

Ollie Snowden, Public Works, reported that on July 6, 1998, the Department of Public Works conducted a public hearing in Dunes City to discuss options for the improvement of the first phase of the project. He added that since the last public comment, he has received two letters: one from Helen Cougill and the other from Jan and Steve Galbraith. He said that in 1994 Dunes City City Council initiated the design concept to add a shoulder to the road. He said there were 4 petitions and 11 letters of support for Clear Lake and Canary Road. He said the Board added the project of CIP in April of 1997 at a public meeting in Dunes City. He said at that time there were no specific details. He said there was an aerial photograph taken. He said the proposal now is to widen the road from 24 feet to 34 feet; two lanes being 11 feet wide; 6 foot wide paved shoulders and changing the speed limit to 30 miles per hour. He said there was a staff hearing on July 6, and on August 6 the Road Committee approved the designed concept. He added at the July 6 meeting there were detailed maps showing the right of way from all abutting property owners. He said when the County directs staff for road improvement there is an approved list of property right of way taken and the ability to use eminent domain to acquire property if the property owner is not willing to sell it. He added an appraiser will put together a property appraisal and if the homeowner disagrees, he has the right to hire his own appraiser and an ability to go to court to resolve the issue. He said the state objected the County widening the road within the park.

Dunes City Council went on record in support of the project. They said they recognized the need for the road to be widened to accommodate bike lanes, not for traffic purposes.

David Jackson, Dunes City Council said that he had a good cross-section response and most people were in favor of it. He added the concerns from residents in the initial phase was regarding the property that will be taken, as well as trees. He said that perhaps there could be some negotiation on preserving some trees. He said the project has public support.

Dick Anderson, Dunes City, said at the first hearing there was a concern about the rock walls. He said in subsequent meetings it wasn't a big issue. He wondered if the state was willing to possibly help move the rocks, and if it was something the County would be willing to revisit.

Snowden replied that it was a call of the Board of Commissioners and would cost extra money. He said from an engineering standpoint, it was something that could be done.

Dumdi stated that there have been public hearings and information gathered on this issue. She said property owners were notified from Public Works. She added less than 50% impacted have questioned the project and have not raised an issue. She said she is concerned about impact on properties and said some can be negotiated and some can't. She said she doesn't want to see large trees cut down unless it is a safety issue. She urged the matter to go forward.

MOTION: to approve RESOLUTION AND ORDER 98-10-12-1.
Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 4-0.

Snowden said formal notification would be sent to all Lane County owners whose properties are involved. He said they would work from the design that they presented. He said after the state proposes the property lines, a County appraiser will come out and discuss trees and driveway access.

9. OTHER ITEMS

None.

There being no further business, Commissioner Dumdi adjourned the meeting at 9:00 p.m.

Melissa Zimmer
Recording Secretary

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