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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL Mayor Rob Ward called the meeting to order at 7:00 p.m. PRESENT: Mayor R. Ward, Councilors, S. Meyer, S. Navetta, P. Howison, J. Martin, and R. Petersdorf. (One Council Position Vacant) ALSO PRESENT: City Recorder, J. Hickey; Planning Secretary J. Cerda; Recording Secretary, C. Lewis; F. Hilden, Planning Commission; M. Miller, Road Commission; B. Yager, Siuslaw News; LCAN, and several citizens from the community. 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the August 14, 2003, Regular Council Meeting Minutes and the August 27, 2003, Special Council Meeting. Councilor Martin suggested an additional word be inserted in the minutes of the August 14, 2003, minutes on page 5, first paragraph "…and suggests that a representative from Charter be present at the September meeting discussing the franchise fee." ACTION: B. Petersdorf made a motion to approve the minutes for the August 14, 2003, City Council Meeting with correction as noted above. S. Navetta seconded the motion. There were 5 ayes, 0 nays. Motion carried. ACTION: B. Petersdorf made a motion to approve the minutes for the August 27, 2003, City Council Meeting. S. Meyer seconded the motion. There were 5 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION The bills of the session for August 15, 2003, through September 11, 2003, totaling $73,083.04, were presented for Council approval. ACTION: B. Petersdorf made a motion to approve and pay the schedule of bills for the period of August 15, 2003, through September 11, 2003, totaling $73,083.04. J. Martin seconded the motion. There were 5 ayes, 0 nays. Motion carried.
5. RECEIPTS OF THE SESSION Receipts of the session from August 15, 2003, through September 11, 2003, totaled $20,752.74. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS None. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Robert Scharen, 5630 Canary Road, Florence, OR 97439. Mr. Scharen described an incident with raccoons on his property that he described as a cougar kill. B. Marilyn Miller, 83500 Kiechle Arm Road, Florence, OR 97439. Ms. Miller said that her cat is missing and assumed killed by the cougar. She has noted an absence of possum and raccoons in her area. Mayor Ward remarked that there is an increase in cougar populations due to the new cougar hunting regulations. 8. PUBLIC HEARING A. Beckman Conditional Use Permit (Booth Island) Map No. 20-12-00 Tax Lot 201 Construct Single-family Dwelling. Mayor Ward opened the public hearing at 7:12 PM. Mayor Ward reviewed with the Council, the petitioners and the audience the formalities required for a Public Hearing, including the right to request that the record remain open for one week. Mayor Ward asked the following questions of the Council: Does anyone have a declaration of interest or ex-parte contact? No one came forward. Did anyone in the audience have a challenge to the issue? No one came forward. Planning Secretary J. Cerda gave a staff report stating the Planning Commission voted to recommend that the City Council approve the conditional use permit request of Marvin & Darlene Beckman with the following conditions: A. A site review must be conducted on the property by the Planning Commission and the Conservation Committee prior to any development. B. The Conditional Use Permit will expire after 24-months if there has been no building activity within that time period. Applicants Marvin and Darlene Beckman, 4776 Laurel Avenue, Westlake, OR 97493. Darlene Beckman said that she would like to change the record as to the size of the lot being 5.1 acres, not 11.72 acres. Beckman also said that they had gained septic approval and will be using lake water for their domestic water needs. Mike Cocciolo, Prudential Properties, 05456 Canary Road, Florence, OR 97439. Mr. Cocciolo spoke in favor of the Beckman permit. There was no opposition. Mayor Ward closed the public hearing at 7:18 PM. ACTION: J. Martin made a motion to recommend to the City Council that it approve the request of Marvin and Darlene Beckman for a Conditional Use Permit because having considered the evidence presented by those for the proposal, it was found by the weight of the evidence "for" that the proposal should be approved. S. Navetta seconded the motion. There were 5 ayes, 0 nays. Motion carried. B. Gerald and Elizabeth Hamilton - Petition to Vacate Public Utility Easement Map No. 19-12-14-4 Tax Lots 223 & 224. Mayor Ward asked if there were any Councilors who wished to abstain. There were none. Ward asked if any Councilors had a conflict of interest. Ward said that for the record his spouse works for the school district where Mr. Hamilton is superintendent, but that it did not prejudice him to vote on the issue. Ward asked if there was any ex-parte contact. Ward said that he had contact with Qwest about the issue and he had originally been contacted by Mr. Hamilton and Mike Cocciolo of Prudential Properties in regards to removing the easement. Ward asked if there were any member of the audience who wished to challenge the City Council members' ability to hear the request. There were none. Ward opened the Public Hearing at 7:25 PM. J. Cerda gave a staff report explaining that the newly constructed home is built directly on a public utility easement that runs down the center of the Hamilton's two lots. Mr. and Mrs. Hamilton were not aware of the easement at the time they constructed the home. Cerda said the easement is not being utilized at this time and she recommended that the Council approve the request with one condition: 1. A covenant combining both lots for building purposes must be recorded in Lane County Deeds and records. Cerda sent out notices to property owners within 300' of the easement, Central Lincoln PUD, Lane County Land Management, Lane County Surveyor's Office, Lane County Public Works, and Siuslaw Rural Fire Department. Qwest did respond against vacating the easement, but later withdrew their objection after receiving more information. There were no other objections. Ward asked if the applicants wished to speak. They did not. Ward asked if there were anyone in the audience who wished to speak in favor or in opposition of the issue. There were none. Ward closed the Public Hearing at 7:28 PM. Council discussion: Ward said that without combining the lots, the house is in violation of the setbacks, therefore, the covenant would need to be recorded. Councilor Petersdorf said that the easement has never been surveyed. Petersdorf's other concern was where the easement started and where the easement is continued. Ward said that the easement is only between the Hamilton's two lots. Petersdorf asked where the Hamilton's are getting their water. G. Hamilton said that they are getting it from the lake, however the easement through their properties does not connect with the easement where they are running their waterline. Ward clarified that the easement starts at the road edge of Collins Loop and ends at the road edge on the other side of Collins Loop. Petersdorf said that letters were written to the Hamilton's for violations of Dunes City Ordinances. There were no responses to the letters. Petersdorf stated that the Hamilton's have a driveway permit, but they have not installed the 12" culvert that is required. Petersdorf clarified that the permitee has one year to pave the apron, but the culvert must be put in at the time the driveway is first constructed. Petersdorf cited Chapter 150 of the City Code that states that the City can refuse to process further applications for land use decisions if the owners have violated City Ordinances. Mr. Hamilton said he had forwarded the letters to his building contractor, Ken Carter, and was not aware that the violations had not been corrected. Hamilton assured the Council that the violations would be corrected on the following Monday. Mayor Ward said that he didn't know if the City should hold up the vacation of an easement which is not needed by anybody. Ward said that they could deny the Hamilton's an occupancy permit if they are not in compliance of the ordinances. Petersdorf suggested issuing a stop work order, and Ward agreed that if the violations were not taken care of by the next Council meeting, a stop work order would be issued. Hamilton agreed to write a letter to the City outlining the corrections to be made before the 30 days is over. Mayor Ward instructed J. Cerda to review the history of the contractor and find out how many violations have occurred in the past two years relating to his projects. Council Howison suggested bringing action against the contractor now. Ward said he would like to research violations first. J. Cerda reminded Ward that the vacation would require an ordinance that would require special publications in the newspapers. ACTION: P. Howison made a motion to prepare an Ordinance authorizing the vacation of an easement regarding property located on Map No. 19-12-14-4 Tax Lots 223 & 224. S. Meyer seconded the motion. There were 5 ayes, 0 nays. Motion carried. 9. REPORTS ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Councilor Petersdorf reviewed the Road Report (see Exhibit A). The Road Commission recommended that the City Council begin abatement against Terry Austin for violation of a city ordinance regarding parking vehicles in the city right-of-way. Ward said that there is no council approval needed for the first phase of the abatement procedure. Petersdorf reported that the Road Commission would like to recommend that the Road Inspector do street brushing. Ward recommended contacting Terry Duman for a quote. Martin expressed insurance concerns regarding brushing being done by a city employee. Petersdorf clarified an information request by Dennis and Marlene Grant regarding vacating a portion of City Street. Staff would like to be able to contact the Road Inspector when he is out on the streets. In the past, Keith Watson, Road Inspector, had a cell phone of his own that was to the City's advantage. Therefore, they would recommend purchasing a cell phone for Keith Herring. ACTION: B. Petersdorf made a motion to purchase a cell phone for the use of the Dunes City Road Inspector. J. Martin seconded the motion. There were 5 ayes, 0 nays. Motion carried. PARKS & RECREATION/TOURISM/WATER - Mayor Ward reported that the Oregon Department of Fish and Wildlife decided that the existing fish screens on water pumps in Woahink Lake are adequate and no further screening will be required. SITE REVIEW COMMITTEE - J. Martin 1) Vicki Watts, P. O. Box 3, Westlake, OR 97493. Councilor Martin addressed Ms. Watts regarding the property located at 4673 Pacific Avenue, Westlake, OR, noting that the property had been cleared somewhat, but there were too many vehicles for a residential area. Martin also mentioned that cars were being repaired on the premises, which is not allowed in a residential area. Watts stated that the vehicles are not being worked on. Watts said that she is in the process of purchasing the lot behind her property and proposed removing the excess vehicles out of the view of the public. In addition, she stated that two of the vehicles would be moved off of the property the next day. Watts inquired about screening vehicles from public view. Mayor Ward said that if the screening meets City Code, it is then approved. Martin will set up a meeting on Saturday with Watts and the Site Review Committee. 2) Abandoned Vehicle on Alder Court - A non-operating vehicle is parked on the City Right of Way along a narrow street. Martin will instruct that Dolphin Properties move the car onto the property's driveway. They will have one week to comply. POLICE COMMISSIONER/SRFD/CONSERVATION COMMITTEE - S. Navetta 1) Horse Complaint - Councilor Navetta described a complaint that was received about a horse that is disturbing the neighbors with the smell, unsanitary condition, and noise. Cerda is looking into the requirement of a conditional use permit. 2) Navetta is investigating a barking dog complaint located on Jensen and Clear Lake Road. She has been by a couple of times and has not heard the dog. 3) The Conservation Committee approved the removal of a danger tree on Lakeshore Drive in the riparian zone. 4) The Water Quality Committee is seeking City Council approval for the committee's recommendation to initiate water testing on Woahink Lake to monitor the water to establish a data base of information. The Committee is seeking approximately $1500 per year for semi-annual testing on the lake in four locations. Ward said that the money is not in the current year's budget, but he and Joanne could look at the contingency fund to see if there is funding available. Navetta reported that she had requested that Honeyman State Park put up a sign at the East Woahink Day Use Area instructing people to not wash their boats in the lake. ACTION: S. Navetta made a motion for Council approval of the continuing efforts of the Water Quality Committee regarding water testing. S. Meyer seconded the motion. There were 5 nays, 0 ayes. Motion carried. COMMUNITY CENTER - P. Howison Painting on the exterior of City Hall is almost completed. There were some areas of dry rot that were repaired at additional expense. Flooding to the interior of the building occurred as a result of the downspouts being removed for painting prior to a rain storm. After investigating it was found that water was entering at the base of the building. Some suggestions were made about removing backfill from the back of the building to do additional assessment to waterproof the building from future dampness and flooding. J. Cerda stated that there have been mysterious puddles appearing in the building during the last three years. During painting, the contractor identified roofing problems. Hickey said that the mildew smell in the back room is bad enough to keep employees from working in that area. Howison and Hickey will review the current budget to see if there is enough money to have the back dug-out and do necessary repairs. The Mayor suggested having either a building contractor or the City Engineer look at the problem and offer suggestions. ACTION: Howison made a motion for the purchase of a dehumidifier to remove moisture from the back room (Road Room). S. Meyer seconded the motion. There were 5 nays, 0 ayes. Motion carried. GRANTS/FRANCHISES/LICENSES - S. Meyer 1) Franchise renewal: Charter Communications; Linda Kimberly and Kay Winter. Councilor Meyer reviewed the renewal for Charter Cable, which included a franchise contract for 15 years, a set franchise fee and a local customer service representative. The Mayor also has concerns regarding non-responsiveness of the company. Kimberly, General Manager, explained that the agreement that was sent to the City was a draft agreement and subject to negotiated changes. The term is negotiable, however the franchise fee is set by the FCC (5% is the maximum). Kimberly said that the best way to increase revenue is to increase subscriber growth and services. A representative from Charter would be available to meet with City staff, committee, or LCOG to finalize the agreement. Meyer arranged to meet with Kay Winter. Petersdorf suggested a City Committee be formed to make suggestions regarding the terms of the agreement to be negotiated with Charter. Petersdorf expressed some concerns about Charter breaking their agreement in the past. Kimberly assured Petersdorf that Charter had always operated within the legal boundaries of the agreement and rate increases had met with FCC regulations. Kimberly said that although there is not an office in Florence, customer service has improved in regards to payment options and arrangements with a local bank to accept payments in Florence. Fred Hilden referred to a verbal commitment by Charter to bring DSL to Dunes City. Kimberly said that there has never been anything in the budget for High Speed Internet for Dunes City. MAYOR'S REPORT - Rob Ward 1) Dunes City Flyover Jeannie Cerda reported on the cost of a 28" x 50" aerial photo with six 8" x 10" pictures surrounding the large photo for a mosaic effect. Petersdorf said that there has already been a motion to purchase the photo. 2) Use LCOG's Attorney as City Attorney Mayor Ward proposed using Gary Darnielle for City land law issues and use the City's other attorneys for litigation. Darnielle would help draft the Ordinance for the water use permits for Woahink. The Council concurred with the Mayor who will proceed with a formal proposal. 10. UNFINISHED/OLD BUSINESS - Agenda order changed. A. Gene Wobbe: Partition/Landowner Dick Anderson - Withdrawn. B. Lane County Board of County Commissioners - Meeting in Florence, October 27, 2003: Dinner meeting at 5:30 PM. a. Steps being taken to monitor potential risks to the watershed. b. Enforcement of land use laws. c. Current status of law enforcement personnel/level of protection for Dunes City. d. An update on the Clear Lake Road expansion. e. Background about the "floating porta-potty." Meyer will not be able to attend. C. Additional Phone Line - Two-line phones required by staff. ACTION: S. Meyer made a motion to approve the purchase of the Panasonic KX-T2740 with two additional handsets for $339.97. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays. Motion carried. D. Water Permit Fee Schedule for Woahink Lake Ward reported that Gary Darnielle suggested that before adopting a resolution establishing a fee schedule, the City needs to have an Ordinance in place that the resolution points to. A special meeting will be required to prepare the Ordinance to be brought back to the Council. Ward explained that there will be approximately a $600 application fee with an annual fee of $75 to cover administrative costs for record keeping required by the State, which may be adjusted at a later date. Martin asked about people who would like to be placed on a reserve list. Mayor Ward said that it would have to be addressed at a later date. E. Draft of letter to WRD regarding IP's water rights certificates perfection. Council reviewed the draft letter and Ward said that a copy of the minutes will accompany the letter to WRD and IP. 11. NEW BUSINESS A. Martin request for riparian inventory correction. Staff recommendation attached (Exhibit B). Judy Martin recused herself based on a conflict of interest. Norman and Judy Martin, Rio Road, Florence, OR 97439. Ward said that the City recognized that the area identified as riparian does need to be removed from the inventory. Judy Martin said that according to Dave Perry, removing the riparian area would be an easy thing to do in contrast to Cerda's staff report stating that it would cost the City in excess of $7000. Cerda stated that Perry had told her that the Comprehensive Plan would have to be amended. The Mayor suggested checking with Dave Perry on a couple of items, then bringing the topic back to another Council meeting. B. Resolution 09-11-03 - A resolution appointing Coast Insurance Service, Inc. as exclusive Agent of Record for Dunes City. John and Jean Murphy of Coast Insurance Services were in attendance. The Council discussed going out for bids for an insurance representative, although it is not mandated. Jean Murphy explained that an Independent Insurance Agency obtains quotes and evaluates the best plan for the best cost. Murphy, in response to some concerns that were voiced by Council members in regards to the selection of the health insurance plan recommended by Coast Insurance Services, explained why they did not recommend CSI. Petersdorf said that he has been satisfied with the current Insurance Agent of Record who has represented the City since 1963. Murphy said that as an Agent of Record, the City does not directly pay the Agent money, but the Insurance Company pays a commission to the Agent. ACTION: B. Petersdorf made a motion to approve Resolution 09-11-03 - A resolution appointing Coast Insurance Service, Inc. as exclusive Agent of Record for Dunes City for three years effective July 1, 2003. S. Meyer seconded the motion. There were 5 ayes, 0 nays. Motion carried. C. Local Artists Revolving Display - J. Hickey proposed using local artists to display their art on the walls of Dunes City Hall. Hickey said that the artists would sign a hold harmless agreement such as what Peace Harbor Hospital uses. ACTION: S. Navetta made a motion to approve using local artists to display artwork. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays. Motion carried. 12. UNSCHEDULED ITEMS City Council Seat Vacancy - An application has been received from John Scott for the vacant council seat. There will be an interim City Council meeting to go over any applications received so that a decision can be made at the next regular City Council Meeting in October. Martin had a question for Hickey regarding cash on hand. Petersdorf said that the City is getting ready to ditch and pave the washed out area of Erhart Road that is adjacent to the Fisher property where there are two unpermitted driveways. Petersdorf questioned about ditching across those two driveways. Petersdorf also noted that there is a barn constructed without a building permit. Cerda will review the permits and possible violation of the Fisher's Conditional Use Permit. Driveway permits will also be checked. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Mayor Ward adjourned the meeting at 10:05 p.m. APPROVED BY: Robert B. Ward, Jr., Mayor
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