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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL PRESENT: ALSO PRESENT: 2. PLEDGE OF ALLEGIANCE 3. Old Business Attorney Gary Darnielle gave a staff report on the document explaining that instead of having the City Recorder review each application, a three member committee would be appointed by the City Council with one of the members being a City Council member. The committee would be responsible for a completeness check and make recommendations to the City Council. There was a brief discussion on the likelihood of receiving a claim under Measure 37. Councilor Miller suggested changing the name of the committee from Compensation Review Committee to Demand Review Committee. The Council agreed by consensus. Darnielle said that if the applicant refuses to pay the fee, the City is obligated to process the claim; however, the Ordinance provides for the applicant to be charged. Darnielle explained that the initial demand may result in adjacent landowners filing a claim of their own against the initial demand. Darnielle recommended a change on page 8, item 9, to change "…appraiser's fee may…" to "…appraiser's fee shall…." Darnielle explained that the City would need to have their own independent appraiser to compare with the property owner's appraisal. Councilor Miller commented that much of side B of the Demand for Compensation form does not make sense. Darnielle agreed, saying that wording was repeated from Measure 37 itself, to avoid conflict with the measure. ACTION: J. Martin made a motion to have the first reading by short title only of Ordinance 172, an ordinance to establish a new Chapter 37 within the Dunes City Code of Ordinances entitled "Review of Demands for Compensation under Oregon Revised Statutes Chapter 197 as Amended by Ballot Measure 37 Passed November 2, 2004," and declaring an emergency. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 172 by short title. ACTION: B. Petersdorf made a motion to have the second reading by short title only of Ordinance 172, an ordinance to establish a new Chapter 37 within the Dunes City Code of Ordinances entitled "Review of Demands for Compensation under Oregon Revised Statutes Chapter 197 as Amended by Ballot Measure 37 Passed November 2, 2004," and declaring an emergency. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 172 by short title. Ward opened the Public Hearing at 8:13 PM. There was no public present. Ward closed the Public Hearing at 8:14 PM. ACTION: B. Petersdorf made a motion to adopt Ordinance 172 with the changes (Compensation Review Committee to Demand Review Committee; and on page 8, item 9, change "The appraiser's fee may…" to "The appraiser's fee shall…"), an ordinance to establish a new Chapter 37 within the Dunes City Code of Ordinances entitled "Review of Demands for Compensation under Oregon Revised Statutes Chapter 197 as Amended by Ballot Measure 37 Passed November 2, 2004," and declaring an emergency. J. Scott seconded the motion. There were 6 ayes, 0 nays. (Roll Call Vote: Meyer, Scott, Howison, Martin, Miller, and Petersdorf - Aye.) Motion carried. B. Resolution No. 11-22-04, a resolution establishing a pre-filing conference fee, a processing deposit, and a demand for compensation form for Ballot Measure 37 demands for compensation for the City of Dunes City. Councilor Petersdorf commented that he did not think that the $50 pre-filing
application fee was adequate. Darnielle explained that the intent was to provide
the landowner with the application and a copy of the ordinance and resolution
with verbal instructions for the applicant to return the application so that the
City Recorder may schedule an appointment with the Demand Review Committee. ACTION: B. Petersdorf made a motion to adopt Resolution 11-22-04, a resolution establishing a pre-filing conference fee, a processing deposit, and a demand for compensation form for Ballot Measure 37 demands for compensation for the City of Dunes City, with correction of "City Administrator" to "Demand Review Committee." M. Miller seconded the motion. There were 6 ayes, 0 nays. Motion carried. 4. EXECUTIVE SESSION: Pursuant to ORS 192.660(2)(e). Invited attendees: City Council, City Recorder, City Recording Secretary, City Attorney, and Media. Discussion of a real property transaction. 14. ADJOURNMENT: Ward adjourned the meeting at 8:39 PM. APPROVED BY:
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