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DUNES CITY COUNCIL MINUTES 1. Council Work Session - 6:30 PM: Guidelines for compliance with ORS244 - Conflicts of Interest All Councilors were present with the exception of Councilor Martin. Planning Commissioners Riechel, Navetta and Burke were also present. City Attorney Milo Mecham conducted the work session giving an overview of Conflicts of Interest. Mecham said the decision-maker has no conflict of interest if there is no private benefit or harm brought about by the action. A member of the audience asked specifically if Mayor Ward has been in conflict of interest involving the numerous developments in which he has been personally and professionally involved. Ward was receptive to Mecham's opinion. Mecham stated specifically that Ward as Mayor could participate in other land use decisions and not be in conflict. Mecham said it would be acceptable for Ward to develop property if Ward does not participate, which Ward has not; therefore, there has not been a conflict of interest. There was two to three minutes left in the work session. Audience member Bill Robinson interjected into the meeting addressing the Mayor with questions in regards to a letter written by Susie Navetta to Ward. Ward denied receiving a letter from Navetta. Robinson insisted on reading the letter, which Ward allowed. The substance of the letter Robinson read was asking that Ward follow the rules of procedures regarding conflicts of interest. 2. CALL TO ORDER AND ROLL CALL Mayor Ward called the meeting to order at 7:00 p.m. 3. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. Mayor Ward said he wanted to make a brief statement and read his letter of resignation. In the letter, Ward said that he felt it necessary for the City that he resign, since his being Mayor was a distraction to the City. Ward listed some of his accomplishments as Mayor and gave his thanks to the many volunteers and staff. Ward stepped down and left the building. Council President Sheldon Meyer assumed the vacant position as Acting Mayor. Milo Mecham explained the procedure for replacing the Mayor. Meyer will serve as Mayor until the Council fills the position. Mecham explained the new Mayor will serve Ward's term of office, which is also the procedure for filling a vacant Council position. Meyer, as Mayor, would no longer be able to vote as a Councilor unless there was a tie vote of the Council. Mecham said the Council does not have to start the process of selection that night. Councilor Petersdorf cited Sections 31 and 32 of the Charter. Mecham agreed that was the process the Council would follow. Mecham said it would be the majority of the Council who will decide who will be Mayor. Councilor Howison suggested waiting until Councilor Martin returned from vacation. Mecham said the selection could be done at a work session without public input, with the decision being announced at the next City Council Meeting. 4. APPROVAL OF MINUTES A. City Council Special Meeting for September 1, 2005 ACTION: P. Howison made a motion to approve the minutes of the September 1 and September 8, 2005 City Council Meetings as submitted. J. Scott seconded the motion. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. 5. BILLS OF THE SESSION The bills of the session for September 9, 2005 to October 13, 2005 were presented for Council approval. ACTION: J. Scott made a motion to approve and pay the schedule of bills for the period of September 9 through October 13, 2005 totaling $12,442.75. P. Howison seconded the motion. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. 6. RECEIPTS OF THE SESSION - For the period of September 9 to October 13, 2005: $18,131.93 7. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Committee Vacancies: Site Review Committee, Conservation Committee, and Budget Committee. B. Art Exhibition: Jan Danielson for the remainder of October. C. Thank you to Dunes City citizen, Ron Stanley, for the donation of the piano. 8. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS Bill Robinson, 5441 Little Woahink Drive, Dunes City. Robinson read a letter into the record. See Exhibit A. Rand Dawson, Siltcoos Station Road, Westlake. Dawson brought forth concerns of what citizens would do if there were a flu pandemic. Dawson cited daunting statistics of infection and death rates from Avian Flu. Dawson asked the Council if any actions were being taken with City, County or State. Dawson volunteered to draft a resolution. Dawson said at the federal government level, the Pandemic Plan has been in the formulation stage since 1978, and it is still not complete. William Gates, 6565 Canary Road, Florence. Gates spoke to the quality of water in Siltcoos Lake and the proposed removal of the Open Space Overlay on Booth Island. Gates said Booth Island is very unique in that the geology of the island is shallow sandy soil over rock allowing effluent to enter the lake providing nutrients for weed growth. Gates said it is the responsibility of a free society to protect the lake, and Gates encouraged the Council to not remove the overlay. Della Robinson, City Councilor. Councilor Robinson read a prepared statement addressing the many complaints she has received from citizens who are in opposition to some or all of the proposed developments due to traffic concerns, crime and the quality of water. Robinson said that nothing should come to the City Council from Planning with a laundry list of incomplete items. 9. Unfinished/Old Business A. Reedal Final Order Meyer read from the Final Disposition and Order for the Reedals, page 4, Decisions, The Dunes City Council ORDERS: 1. That the Respondents remove the portion of the fence located within the 50-foot shoreland setback area of Woahink Lake within ____ days of the date of this decision. The Council may consider a request for a reasonable extension of this deadline. 2. That the Respondents either reduce the front-yard portion of the fence to a height not to exceed three and one-half feet or remove the fence within 120 days of the date of this decision. The Council may consider a request for a reasonable extension of this deadline. 3. The Council shall not impose a monetary fine regarding either of these two infractions provided that full compliance with the conditions of this ORDER are met. ACTION: P. Howison made a motion that the removal of the fence located within the 50-foot shoreland setback be performed within 60 days of the date of the decision. J. Scott seconded the motion. There were 4 ayes, 1 vacant, 1 excused. Motion carried. ACTION: B. Petersdorf made a motion for approval of the Final Disposition and Order in Case No. 05-0001. P. Howison seconded the motion. There were 3 ayes, 1 nay, 1 vacant, 1 excused (Robinson dissenting). Motion carried. B. Resolution 10-13-05 - a resolution adopting an amended Dunes City fee schedule for activities requiring permits. Howison commented on the Solar Access fee. J. Hickey said that the fee schedule was prepared by someone else while she was on vacation. Hickey said Phase I should be $225, and Phase II is $600. Hickey also commented that the schedule is being changed from an application fee to an application deposit. Hickey also stated changes to the Temporary Permit down to $425. ACTION: J. Scott made a motion to approve with changes Resolution 10-13-05, a resolution adopting an amended Dunes City fee schedule for activities requiring permits. D. Robinson seconded the motion. There were 4 ayes, 1 vacant, 1 excused. Motion carried. C. Open Space Overlay Removal on Booth Island (revisited). Cost: Who does it benefit? Who should pay for the removal? Estimated total cost of removal is a minimum of $1500. Howison said that when the Council may have decided to pay for the overlay removal based on an erroneous assumption there was an error in the Comprehensive Plan which stated that Booth Island has been designated a natural significant area by the Oregon Natural Heritage Program. Howison said that in actuality it was just a recommendation and the City failed to follow through with that recommendation. Howison said it is still in the Comprehensive Plan, and the intent was that it was a special environment and should have an open space overlay. ACTION: P. Howison, understanding that he may have a potential conflict of interest because Howison owns property on Booth Island, moved to require petitioners asking for the removal of the open space overlay on Booth Island to follow the usual procedure to change the Comprehensive Plan and the Code of Ordinances and to pay the appropriate costs of such changes. B. Petersdorf seconded the motion. Discussion: Scott asked Petersdorf about the condition of the original subdivision. Petersdorf said he believes that the Peterson's, former Booth Island property owners, condition was that the east side was to stay natural. Robinson thought there should be research into the original subdivision. Howison reminded the Council that the decision was who is to pay for the removal and since the open space overlay is something that was clearly identified prior to the sale of the island, the Beckman's should be responsible for the fee. Hickey said the conservative cost estimate from Darnielle is $1500. Mecham said whether the removal is a quasi judicial or a legislative decision is a grey area. Mecham said the City should only make a determination of who is responsible to pay for the application. Mecham said the Council does not want to make a decision on the overlay removal until the application is received and the Council has all the facts before them. Darlene Beckman said she felt that the Overlay was applied to Booth Island as a way for the Comprehensive Plan to be approved. Beckman did not think it would be fair to do such a thing at the expense of privately owned land. Scott said the overlay did pre-exist the Comprehensive Plan, so the City would need an application. Meyer called for the question. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. Petersdorf volunteered to research the Booth Island maps. D. Temporary Office Closure - Wednesdays, October 19th and 26th Hickey explained that the time would be used to complete necessary work without interruption. ACTION: D. Robinson made a motion to allow the next two Wednesdays for Office Closure. P. Howison seconded the motion. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. E. Rebid for security system for Community Center as requested by the City Council - Diversified Electronics ACTION: B. Petersdorf made a motion to approve the bid of $3200 for the purchase of the security system from Diversified Electronics. D. Robinson seconded the motion. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. 10. New Business A. Application for Appointment - The Planning Commission recommends the appointment of Ron Shearer as Planning Commissioner. ACTION: P. Howison made a motion to appoint Ronald Shearer to the Planning Commission. J. Scott seconded the motion. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. B. Lane County Public Safety Task Force Final Report - Discussion and decision for a Resolution for November meeting. Hickey said the Council has until the November meeting to make a decision. Robinson said the taskforce has many ideas, but no final way of funding. Hickey will try to get a speaker at the next meeting. Petersdorf made reference of a change to the Charter that requires the vote of the people before forming a taxing district. C. Land Use Code Update - 45 day notice for DLCD Lee Riechel gave a history of the Land Use Code Update. Riechel said the Concerned Citizen Involvement Committee (CCI) has recommended that a draft be sent to DLCD for the required 45 day notice. Chair of the CCI, Judy Martin, would like the draft to go to DLCD to allow for the first reading of the ordinance in November, and the second reading in December. Riechel said the CCI needs direction from the City Council to have LCOG put the draft in ordinance format. Riechel said the draft of the Code removed the Open Space Overlay on Booth Island, which will need to be inserted back into the document. Howison read a letter into the record. See Exhibit B. Howison said there is no way to clearly see the changes in the draft document verses the current code. Howison said that during the update, many of the participants have been using a non-updated version of the current code book. It was determined that a motion was not needed to add the Open Space Overlay back into the document. Mecham said the 45 day notice is 45 days before the first hearing of the ordinance. Mecham said DLCD will review the document to assure that it meets current state law. Petersdorf asked Mecham: if there are changes after the 45 day notice, does it have to go back to DLCD. Mecham said if the changes are substantial, yes, but if changes are editorial in nature, no. Petersdorf said he wants to put the solar access portion of the Code that was removed, back into the document. Howison said he was concerned about an Expedited Lane Use Plan and also that two chapters were merged into one. Meyer said the agenda item will be continued after the Public Hearing. 12. PUBLIC HEARINGS - will begin at 8:30 PM regardless of the progress of previous items on the agenda. A. The Pointe at Summerbell Subdivision (SUB-02-05); Seven lot residential subdivision on 10 acres, Assessor's Map 19-12-23-10, Tax Lot 209; Property Owner, Dennis Grant. Meyer notified the audience of their legal rights. Meyer explained how testimony would be taken and the hearing procedure. Meyer asked the Council if there were any conflicts of interest. There were none. Meyer asked the Council if there were any ex parte contact. Petersdorf said the Road Commission visited the site. Robinson said she had driven down Cloud Nine Road after receiving several phone calls from citizens on the impact of more vehicles on that road. Mecham said that phone calls were ex parte contact; therefore Robinson would have to provide a summary so that the parties will have an opportunity to comment. Robinson said that all calls were in regards to the narrowness of the road and the effect the extra traffic would have on the road. Robinson said there is no way for two cars to pass on Cloud Nine without one car pulling off the road. Robinson said she had no decision made, so that is what she heard, and that is why she drove down the road. Howison said he drove down Cloud Nine. Meyer asked for discovery of facts. There were none. Meyer opened the Public Hearing at 8:38 PM. Hilary Dearborn, LCOG, presented the Staff Report. See Exhibit C. Dearborn said there were no recommendations from the Road Commission or the State Fire Marshall. Teri Tinker told the Council what she found out from the Fire Marshall, who was restricting home building until Cloud Nine Road is brought up to Code. Tinker said the Fire Marshall recommended 26-feet of paved surface to allow for 32-foot high buildings. Robinson commented that the Planning Commission should not have recommended approval and passed on the application when there are so many uncompleted conditions. Robinson wanted to know who is going to check and deny the subdivision if the conditions are not met. Mecham said comments from the Council should not be presented until the applicant has made statements. Dearborn said the applicant will meet the requirements of the code if the applicant meets the 16 conditions. Dearborn said the conditions do not necessarily mean there was something missing. Meyer asked the applicant to summarize the subdivision. Dennis Grant, 3343 NE Hagen Road, Newburg, OR. Grant said they intend to use one of the lots for their summer home. Grant said he used the surveying service of Ward Northwest for layout of the lots. Grant said he agrees, understands and accepts the planning department's recommendations. Grant said it is his understanding that if he does not complete the conditions, there will be no subdivision, but Grant intends on meeting all the requirements. Grant said the road is to be developed in accordance to the Dunes City Master Road Plan, dedicating approximately one acre of land that includes the road and right-of-way. Grant explained how the road will connect with The Woods on Woahink Subdivision's extension of Cloud Nine Road. Grant said an easement was purchased to provide water from Woahink Lake. Councilor Scott suggested providing a dry pipe to supply water for fire services. Councilor Howison asked about storm water run-off. Grant said the engineer estimated the grade at three to four percent, and the storm water will be directed per the storm water plan provided by their engineer. Howison cited the Comprehensive Plan concerning preserving the quality of water. Meyer pointed to condition number 10 concerning roadside engineering. Petersdorf said the engineering plans will be reviewed by the City Engineer. There was a discussion about the Grant's engineer being the same as the City Engineer, Mike McAllister. Grant can hire a different engineer for the storm water plan. Meyer asked for proponents. Jim Grant, 84000 Cloud Nine Road, Dunes City, OR. Grant said that the subdivision is not Booth Island in that the Grant property is basically a sand dune with soil on top. Grant said there are no culverts, and vegetation is native vegetation and large spruce. Grant said he has no run-off from his adjacent property, and the subdivision property is 150-feet in elevation and 1000-feet from the lake. Meyer asked for opponents. Greg Barnes, 05425 Canary Road, Dunes City, OR. Barnes said the lake is not healthy and development would bring further degradation to the water. Barnes gave an example of a friend who was renting a house on Woahink whose child became ill by contracting a bacteria from the drinking water. Barnes said the only plus of development is for the developer to make money, while the minuses are polluted water, increase of traffic, and a loss of a small town feeling we enjoy. Bill Robinson, Little Woahink Lake, Dunes City, OR. Robinson said he is neither for nor against, but wished to make a comment. Robinson said he and his wife had received about five phone calls from Mrs. Mead who lives on Cloud Nine Road who was concerned about the road being substandard in size. Robinson said Mrs. Mead would want the people who are creating the need to widen the street to pay for such widening, and not herself. Robinson suggested combining the cul-de-sacs from Summerbelle subdivision and The Woods on Woahink subdivision for the interest of fire safety. Jerry Wasserburg, 84606 Eastlake Drive, Dunes City, OR. Wasserburg expressed a need for a mechanism for monitoring and controlling sewage disposal effluent that enters the lake. Scott informed the audience of the Water Quality Control Committee's current monitoring of the lakes by testing the water on a monthly basis. Wasserburg said the problem of specific monitoring of effluents would be detected after the effluents enter the lake, making it too late to prevent their entrance. Scott said the committee is developing a septic maintenance ordinance. Scott said it probably is not going to be the new homes, but the older homes along the lake that would have drainfield failure. Howison quoted the 1999 Coastal Lakes Watershed Analysis concerning the development around Woahink Lake, that says nutrient levels and fish productivity are increasing to the detriment of water quality, which is happening far sooner than what would occur naturally. Howison postulated that lawns and fertilizers may have more to do with the nutrient increase than septic systems. Renee McGuire, 82792 Cloud Nine Road, Dunes City, OR. McGuire commented on the width of Cloud Nine Road directly across from their property. McGuire said years ago the Davidson's were going to give 10-feet for the widening of Cloud Nine Road. McGuire's concern was that the widening would be at their cost and the widening might be on their side of the street. Retta Mead, 82792 Cloud Nine Road, Dunes City, OR. Mead owns 35 acres next to the Grants and Orcutts. Mead said her dad deeded Cloud Number Nine Road and Salal Street back to Mr. Ford. Mead said the reason no one used Salal Street was because the City allowed the street to be blocked off by the Orcutt property and did not accept access to the lake. Mead said she cannot get water from the lake to her property because of that non-acceptance. Mead said the City allowed three developers to come into the area without widening the road. Mead said the entire street that is there came from her dad's property; therefore, why should she have to pay for the widening of Cloud Nine Road? Mead gave history of Cloud Nine Road saying that Davidson would have given 10-feet to widen and pave the road. Mead said the City said no. Mead said the developers along the front portion of Cloud Nine should have to cut down their big trees and widen their portion of Cloud Nine Road. Mead said she does not want run-off to enter her property from the developments. Mead said she only received one notice of development for the portion off Clear Lake Road. Mead commented on wildlife being pushed onto her property by development. John Stead, 83505 South Cove Road, Dunes City, OR. Stead prefaced the reading of a four page document saying that Dunes City occupants need to understand the rules and comply by the rules. See Exhibit D. Stead further commented on the uniqueness of Woahink Lake and the need for the City to hire a hydrologist to ensure the protection of the lake. Meyer asked for rebuttal from the applicant. Dennis Grant: Grant said the topography has to be taken into account regarding road access, and Dunes City had a recommendation to come into Cloud Nine Road for access. The non-remonstrance is agreed to as the development paying its fair share of what is required. Grant said that in regards to the drainage comments, he can provide a drainage or soil expert to do an analysis if the Council wishes. Grant said the CCRs can include a clause that the CCRs will not preclude in the future. Grant said they have paid the $600 to use the City's water right for Woahink Lake and will add more as the lots become available. Meyer closed the Public Hearing at 10:00 PM. Council deliberations: Petersdorf addressed the Planning Staff, saying that the Dunes City Master Road Plan supercedes the Code. Petersdorf said that Conditions 2, 4, 10, 11, 15, and 16 should come before the Road Commission for approval, not the Planning Commission. Petersdorf asked for an additional condition that the City's engineer approve the final road plan before approval. Petersdorf read from the Road Commission Minutes of September 17th, where the recommendation to the City Council was that any substandard Dunes City street be upgraded prior the approval of any type of subdivision or development. Petersdorf said the citizens have not paid any money towards any Dunes City street; Dunes City does not receive any tax money through property taxes. Petersdorf said the City, since it does not have a tax base, does not have the money to hire people such as John Stead suggested. Petersdorf said the City will not be receiving the $100,000 timber money from Lane County in a couple of years. Petersdorf said that people who use the streets needs to pay through a Local Improvement District. There was a discussion regarding the role the Siuslaw Valley Fire District has in Dunes City. D. Robinson said there should have never been a Public Hearing until all the requirements are met prior to that Public Hearing. Robinson said she does not want to be in a position to make a decision without more information. Scott said the title of the application is Requesting Preliminary Subdivision Plat. Scott asked Dearborn if the amount of information that they had received that night was normal. Dearborn said yes. Dearborn went through the process to deem the application as complete. Dearborn said it is unusual to have an application approved as is. Mecham said the Code requires that the plat come back to the Council checking for the completion of the conditions before a majority of the vote of the Council approves the final plat. Mecham said all the necessary work must be completed before final approval and lots are sold. There was further discussion of the planning process, Comprehensive Plan requirements and where septic system requirements enter into the process. Dearborn said with her conversations with George Ehlers, Lane County Sanitarian, the final septic approval happens before the house is built. Dearborn said the test holes are required for proof of feasibility of a septic system. Mecham said increasing concerns need to be addressed by changes in the Code, and the Council has to apply the existing Code and existing Code criteria to the application. Mecham said the Council would need to make a decision based on the current Code. If the Council decides to not approve the application, the Council should indicate which criteria it does not meet so that findings can be made. Mecham said the decision did not need to be made that night. There was a discussion concerning time constraints for the decision of the application. Petersdorf discussed the need for a Local Improvement District to upgrade Cloud Nine Road. Robinson and Scott debated who should pay for the upgrade of the road; developers vs. users. ACTION: B. Petersdorf made a motion to table the decision until the November Meeting. Mecham said to just table the meeting would not give the Planners enough information. Mecham suggested gathering information such as information from the City Engineer, making improvements to Cloud Nine Road, storm drainage, possible septic locations, etc. Meyer said Petersdorf's motion died for lack of a second. Meyer said at the November meeting, the public hearing will be re-opened after receiving more information concerning drainage run-off, septic areas, estimates from the City Engineer to upgrade Cloud Nine Road, the number of users on Cloud Nine Road, the modification of the cul-de-sac, and look at the other subdivisions non-remonstrance agreements. Petersdorf said the City have approved similar cul-de-sacs. Mecham said what Meyer is expecting is for the applicant and staff to provide the information prior to the hearing and made available for public review and take testimony for only those items. Meyer directed the meeting back to the agenda item that was in discussion prior to the public hearing. 10. New Business C. Land Use Code Update - 45 day notice for DLCD (Continued from Page 6) Howison expressed his outrage that the section asking for special consideration of areas possessing natural conditions which require special consideration where a development is considering extensive development, was eliminated from the updated revision of the Code. Howison threw a copy of the revised code on the floor. Mecham said the City could get public input prior to the 45-day notice. Robinson said the document is hard to compare with the old. Meyer agreed that usually a red-line copy is provided pointing out the changes. Mecham said the red-line copy could be done, although time consuming. Susie Navetta from the audience said that the revision has been changed so many times, you would not be able to reconstruct a red-line copy. George Burke from the audience said it could happen, since he has a copy of the original version. ACTION: B. Petersdorf made a motion to extend the meeting until 11:15 PM. D. Robinson seconded the motion. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. Mecham directed the Council towards a decision for a request in the correspondence to reopen the Sunset Cove PUD for 60 days. ACTION: D. Robinson made a motion to grant the request to re-open the public hearing for the Sunset Cove PUD for 60 days. J. Scott seconded the motion. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. Meyer said the Council would re-hear the Sunset Cove PUD at the December City Council Meeting. Meyer suggested that someone bring back a report at the November City Council Meeting with how close we can get to a red-line comparison of the current code and the revision. D. Resolution 10-13-05(A) - A resolution authorizing expenditure of unanticipated specific purpose grant funds received in current fiscal year from Oregon Department of Land Conservation and Development to complete a Buildable Lands Inventory. ACTION: B. Petersdorf made a motion to approve Resolution 10-13-05(A) - A resolution authorizing expenditure of unanticipated specific purpose grant funds received in current fiscal year from Oregon Department of Land Conservation and Development to complete a Buildable Lands Inventory. P. Howison seconded the motion. There were 4 ayes, 0 nays, 1 vacant, 1 excused. Motion carried. Scott interjected a subject from the Correspondence Packet regarding the subdivision on Boy Scout Road and the violation of the 30-foot natural vegetation easement. Robinson said she will be leaving, and requested that someone else go out for the Conservation Committee. E. Review suggested verbiage for vandalism reward poster. Petersdorf suggested taking out the "and conviction" and the reward could be awarded leading to the positive identification. 11. Reports: Time did not allow for the Reports. 13. Unscheduled Items Not Listed on Agenda - None. 14. Executive Session - None. 15. Adjournment Meyer adjourned the meeting at 11:10 PM APPROVED BY:
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