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
