Worksession

All Councilors and staff, including Gary Darnielle, were present. Councilor Hogervorst

shared the progress of the Moratorium Support Committee (MSC) and the direction the committee would be going in the future. Hogervorst read a letter prepared for the Mayor’s signature to Director Lane Shetterly of DLCD (see Exhibit A).

Gary Darnielle presented a copy of the first draft of the alternative development code and outlined the contents. Darnielle handed out a copy of the Springfield Development Code for Solar Access which will be used as a model (see Exhibit B). Darnielle said the draft has the new sections underlined, changes struck-through, and the highlights point to items that need to be looked at more closely. Darnielle instructed the Council to look through the document and allow the MSC a week to look over the document to give LCOG further direction. Riechel said it is optimistic to expect the document to be completed by the end of the year, since the previous code revision took three-years to edit. Darnielle responded by saying that the LOCG version was different, since only one person would be making the changes—the Planner.

Dave Bellemore, MSC, outlined the final draft Erosion Control Ordinance (see Exhibit C). Jerry Wasserburg gave an overview of the final draft of the Septic System Ordinance (see Exhibit D).

Hogervorst presented an accounting of the expenditure of the moratorium to date. The total budgeted amount for the ordinance revision was $8500. Total Expenditures: $7257.31. Budget remaining $1242.69 (see Exhibit E).

ACTION: P. Howison made a motion to schedule and advertise public comment meetings for the Erosion Control Ordinance and the Septic Standards for Septic Systems Ordinance for October 11 and 18 at 7 p.m. Comments will be brought back to Committee. J. Hogervorst seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

Call to Order, Roll Call and Pledge of Allegiance

Mayor Meyer called the meeting to order at 7:15 p.m.

PRESENT: Mayor S. Meyer; Councilors, J. Scott, P. Howison, J. Martin, J. Hogervorst, L. Riechel, and R. Petersdorf.

ALSO PRESENT: J. Hickey, City Recorder; G. Darnielle, City Attorney; T. Tinker, Planning Secretary; C. Lewis, Recording Secretary; LCAN; Denise Ruttan, Siuslaw News; and approximately 20 citizens from the community.

Mayor Meyer led the Council and audience in the Pledge of Allegiance.

Meyer changed the order of the agenda to Guest Speakers.

2. Guest Speakers - Jim Johnson, Lane County Public Safety Task Force

Johnson presented an outline of the proposed income tax to provide policing of rural areas by Lane County. Johnson said that more information could be obtained at the Lane County website. Petersdorf asked Darnielle if the proposed income tax was a taxing district requiring the people of Dunes City to vote. Darnielle said it did not qualify as a special taxing district. Johnson said the City did not have to take a position.

ACTION: B. Petersdorf made a motion to adopt Resolution 09-14-06 (a), a resolution expressing support for Measure 20-114, a measure to change the Charter of Lane County Government. L. Riechel seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

3. Consent Agenda

A. Approval of Minutes: August 10, 2006

B. Bills of the Session: August 11, 2006, through September 14, 2006, totaling $19,259.63

C. Applications for Appointive Office

Water Quality – John Stead

Budget Committee - Rebecca Ruede

ACTION: J. Martin made a motion to approve the Consent Agenda as presented. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

Mayor Meyer adjusted the agenda for New Business, Item E for the next topic. See discussion in order of agenda.

4. Receipts of the Session - $36,698.74

 

5. Announcements and Informational Items

 

A. Evelyn Grace Hogervorst born 4:05 p.m., August 25, 2006, 8lbs. 8 ozs.

B. Art Exhibition: Jane Rincon and Susan Weathers for September and October.

C. Volunteer Fire Fighters and CERT trainees needed for Dunes City.

D. Committee Vacancies: Budget Committee (one position open).

E. Siuslaw Library Bond Issue: Councilor Scott said the library is going out for a bond for expansion. The bond would be $.02/$1000 of property value.

ACTION: J. Scott made a motion to write a letter of support of the bond issue for the expansion of the library. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried.

6. Citizen Input on Unscheduled Items - None.

7. Old Business

A. Concern over potential erosion on Little Woahink Drive.

 

Councilor Howison said approximately one year ago, ground was broken for the extension of Little Woahink Drive. The Little Woahink development has been delayed leaving exposed ground from the excavation. Howison cited 151.048(D) CUTS. Revegetation. No graded or excavated surface shall be left or abandoned without revegetation for more than one year. It was decided that Darnielle would contact the attorney for the development and request that the bare ground receive hydro-seeding. Hogervorst suggested at least seeding in the ditches. Petersdorf identified that sand fill is going into a drainage into Little Woahink Lake. The Conservation Committee will look into the issue.

 

B. Resolution 9-14-06, Agreement for Payment of Land Use Application Fees.

 

ACTION: P. Howison made a motion to adopt Resolution 9-14-06, an agreement for payment of Land Use Application fees. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

ACTION: B. Petersdorf made an amendment to the previous motion to remove the word "minor" from the resolution. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried.

ACTION: J. Scott made a motion to direct the staff to utilize the Road/Driveway Inspection Form. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.

8. New Business

A. Christmas Party at Dunes City Hall, December 16, 2006.

Last year the City donated $200.00 towards the purchase of food and party

supplies. This year the committee is asking for $250.00

ACTION: B. Petersdorf approved a donation of $250.00 for the Christmas Celebration at Dunes City Hall. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

B. Request to approve ODOT plan for a guardrail on Highway 101

across from the Myrtlewood Factory.

George Burke reported that ODOT has agreed to place approximately 900-feet of standard guardrail (21-inch height). Scott said Navetta has talked to Martha Jakob, one of the property owners, who has agreed to the guardrail. ODOT will map-out the culverts and drainage. Scott commended Burke for spearheading the action. Petersdorf suggested placing a guardrail above the lake north of Lakeshore Trailer Park. Burke said the City will be working with ODOT to get guardrails installed all the way to Florence, but the 900-foot installation would be a beginning. Meyer asked Burke to secure letters from the two property owners agreeing to the project and coordinating the agreement with ODOT.

ACTION: B. Petersdorf made a motion to approve the plan by ODOT to place guardrails from Dr. Anderson’s place towards the north. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried.

C. Changes to Application for Appointive Office: form update.

ACTION: J. Scott made a motion to accept the revised application for appointive office. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

D. Budget proposal for 190 agreement for Westlane Emergency

Operations Group: Dunes City is being asked to contribute $1125.00, which is

6.25% of the current total budget for the emergency group.

Hickey outlined the intent of the budget to include Dunes City in the group’s plan. Hickey said the 6.25% provision of the operation group’s budget was suggested for Dunes City due to the City’s small budget.

Audrey Farnsworth, audience member, related a situation where the ambulance would not enter her property until a police officer arrived. Farnsworth said she could not hear the warning siren from town. Hickey said she would look into a siren at the fire station on Clear Lake Road and the procedure for an ambulance at the next Operations Group meeting.

ACTION: J. Scott made a motion to accept the budget proposal as outlined. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried.

E. Voter approval for city moratorium on construction or land

development. Introduction by Gary Darnielle

 

Darnielle said that if adopted, the charter of Dunes City shall be amended to require the approval by Dunes City electors in a city-wide vote, before elected officials may enact any measure to adopt a moratorium to prohibit construction or land development.

Darnielle said it is up to the Council to accept the initiative, upon which it would be added to the Charter, or if the Council does not accept the initiative, then it would be referred to the voters at the March 7, 2007, election at a cost to the City of between $1000 and $1500. Hickey said that the initiative would have to be presented at a special election in March at the above mentioned cost to the City.

Howison read a letter from Debra Sherman protesting how the signatures were collected for the initiative (see Exhibit F). Norman Martin said there are very strict procedures by the State for the collection of initiative signatures.

ACTION: B. Petersdorf made a motion to call for a special election for the initiative. P. Howison seconded the motion. There were 5 ayes, 1 nay (Martin dissenting). Motion carried.

F. Water Service from lake to lot line. Discussion of fees by Charlcie Kaylor of The Building Department: Kaylor said a citizen was charged a plumbing inspection fee for a waterline running from the lake to the meters. Kaylor said the City cannot regulate that situation, since the State adopted building code doesn’t apply. The City does not have the authority unless the City wants to regulate the installation of water pipes. Kaylor said The Building Department would refund that portion of the permit. George Burke, Planning Commission, said that the reason the State did not have jurisdiction was that public utilities wanted to write their own regulations concerning depth of the ditch, size of the pipe, and easements. Burke said the City could have a limited ordinance. Councilor Riechel suggested that the discussion be tabled, since DLCD and DSL requirements would have to be researched. Darnielle said the City should apologize to the permitee and issue a refund. The Council could discuss the regulation at a later date.

 

9. Reports

A. Report by City Attorney

Darnielle said Evergreen Title Company did not pick-up the Sassi-Sinclair lien, even though it was clearly listed. The buyer did not get title insurance, so the lien is still valid. Hickey said the lien is for $49,000. Darnielle said the City should be able to negotiate an amount with the title company. Darnielle will keep the Council updated.

Potential conflict about serving on the Planning Commission and

Conservation Committee.

Darnielle said that if there is a potential conflict of interest/bias, then the individual should recuse themselves at the committee level. Darnielle said that not all issues of the Conservation Committee go before the Planning Commission. If the issue does go before the Planning Commission, the individual should recuse themselves from the Conservation Committee in order to not preclude themselves from participation at the Planning Commission level.

 

B. Road Commission – Road Report

Petersdorf presented the Road Report (see Exhibit G). Petersdorf said the last payment was paid to the City from OTIA funds, so the Road Commission will have to scrutinize its spending in the future.

C. Parks & Recreation/Conservation Committee

Riechel outlined a proposal by the Parks and Recreation Commission to approve the area behind City Hall in the right-of-way next to the Siltcoos River for park use to include a kayak launch. Riechel identified that the project would help redirect kayakers away from the boat launch in Westlake, where kayak staging come into conflict with the power boat launching into Siltcoos Lake. Petersdorf said there is a line item in the road budget for trails that would be used for the launch.

ACTION: J. Scott made a motion to accept the concept by the Parks and Recreation Commission and approve the expenditure of $4000 for the planning of turning the discussed portion of the City right-of-way into a park area. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried.

Riechel said the Council needs to approve the carryover of the RTMP amount and future expenditures.

ACTION: L. Riechel made a motion to approve the 2006/2007 RTMP Budget Plan. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.

Riechel said the Conservation Committee has been busy with three vegetation removal requests for danger trees and 2 – 3 site reviews for development of property adjacent to the shoreland.

D. Site Review Committee

Martin said there have been complaints about people living in travel trailers (situations where a slab was poured under the trailer and a permanent Cable TV hookup was installed). Martin said there needs to be some guidelines. Darnielle said the County has a list of criteria they use to determine if people are living in an RV. Darnielle said he would come back with the list at the next City Council meeting. Burke said there needs to also be a determination as to when rental property becomes commercial property and need a zoning change. Darnielle said that the City would have to ultimately modify the Code.

E. Police Commissioner/Fire Dept/ WQCC Report

Scott said the guardrail as discussed earlier will be installed next spring. The Siuslaw Watershed Council has agreed to include the coastal lakes within their jurisdiction. Scott, Booth and Anderson had met with the Water Resources Department in order to clarify the City’s position on storing water by means of the weir, but the process is not progressing, so the City will need to appeal the decision to a higher level. Scott said the septic maintenance database is now available. The Water Quality meetings have been moved to the third Thursday of the month.

There was a brief discussion as to why ODOT would not place a barrier system such as the barrier by Clear Lake on Highway 101 south of Winchester Bay. Scott said ODOT is re-evaluating its procedures after the spill on Highway 126 and the cleanup needed to keep the contaminant from being trapped and entering and traveling through the ground water. Meyer asked Burke to include in the letter to ODOT, a request for a barrier to keep contaminants from entering the lake. Hogervorst said there could be funding sources other than ODOT. There was an audience discussion about Foglio’s partnership with Honeyman State Park to construct a settling pond to protect the first arm of Woahink Lake on Canary Road.

F. Community Center - None

 

G. Grants/Franchises/License/Moratorium Support

Hogervorst explained a grant from DLCD and would make a phone call to get administrative money for the City. Hogervorst said Chernaik proposes applying for an EPA grant for between $600,000 and $900,000 for testing systems that remove phosphorus. It could be a way to provide money for individuals who cannot afford to update their systems. Chernaik could write the grant for $750. Hogervorst said Chernaik could also apply for a DEQ grant that the City would have a high likelihood of receiving. Hogervorst proposed using $1200 that remains of the $8500 to have Chernaik write the grant proposals. The Council decided to wait and try to get permission from the DLCD grant to have LCOG subcontract Chernaik to apply for the grants. Hogervorst said the deadline for the EPA is November 15^th and suggested using $750 from the water monitoring budget. The Council agreed.

H. Mayor’s Report

Meyer suggested writing a letter to the WRD to move the stored water issue ahead. Darnielle said he would contact the Little Woahink PUD water expert to compile data to support the water storage.

I. Planning Report

Tinker reported that the Planning Commission meetings will be changed to the fourth Thursday of the month. Little Woahink PUD would not be heard this month.

 

10. Public Hearings

 

A. Ordinance 185, an ordinance providing for penalties for failure to pay annual administrative water permit fees or report water meter readings in a timely manner, Second Reading and Adoption.

Meyer read the procedure of the Ordinance adoption. Meyer opened the public hearing at 10:05 p.m. Meyer asked if there were any declarations of conflict of interest. There were none.

ACTION: J. Martin made a motion to read Ordinance 185, an ordinance providing for penalties for failure to pay annual administrative water permit fees or report water meter readings in a timely manner by title only. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

Meyer asked for opponents. There were none. Meyer asked for testimony from proponents. There were none. Meyer closed the public hearing at 10:07 p.m.

ACTION: J. Martin made a motion to adopt Ordinance 185. J. Scott seconded the motion. There was a roll call vote: Hogervorst, Scott, Howison, Martin, Riechel, and Petersdorf – aye. There were 6 ayes, 0 nays. Motion carried.

 

B. Ordinance 182, an ordinance replacing chapters 155 and 156 of the Dunes City Code, Second Reading.

Meyer opened the public hearing at 10:10 p.m.

ACTION: J. Scott made a motion to read Ordinance 182, an ordinance replacing chapters 155 and 156 of the Dunes City Code. J. Martin seconded the motion. There were 5 ayes, 1 nay (Howison dissenting). Motion carried.

Councilor Martin made a suggestion to correct Section 1 as follows: Chapters 155 and 156 of the Dunes City Code are replaced with new Chapters 155 and 156, attached as Exhibit A…. Martin also said there is a vision clearance map that would need to be included.

 

Meyer asked for public testimony.

Susie Navetta, 5372 Leavitt Loop, Florence OR 97439.

Navetta asked the Council if they still had their notes on the Code Revision. Navetta asked Martin questions regarding notes, with Martin making a clarification to Navetta. Navetta read a letter into the record (see Exhibit H).

John Stead, 83505 S. Cove Way, Florence OR 97439.

Stead read a letter into the record (see Exhibit I).

Mark Chandler, 4934 Lakeshore Drive, Florence OR 97439.

Chandler asked the Council why not use the updated version by LCOG, which is easy to follow. Chandler said the old version was previously rejected. Chandler said adoption of one document instead of adopting the old version, then adopting the LCOG version in a few months, would avoid confusion for the staff.

Meyer closed the public hearing at 10:32 p.m.

Darnielle said he could have Findings of Fact prepared for the next meeting that would address conflict with the Comprehensive Plan. Darnielle said he disagreed with some of the points that John Stead had made in his testimony.

Howison addressed some points that Ordinance 182 would weaken the laws to protect water quality in the City:

1) Redefinition of "shoreland."

2) Allowance for steeper road grades from 7% to 10% and up to 15%.

3) Eliminated the topographical and contour details that were requirements in the tentative plan for subdivisions.

4) Eliminated maps of tree stands.

5) No surface water plan.

6) Weakened wetland setback from 50-feet to 25-feet.

7) Doesn’t address the CCI concerns from last winter.

Howison said the City should take the good things from the old revision and place it in the redline version from LCOG instead of wasting the City’s money on two revisions of the Code.

 

Martin said she would like to include the motion from Mark Chandler concerning the 50-foot setback requirement. There was a discussion about the lessening of slope for streets. Petersdorf explained that the City previously had used the Lane County standard, since streets back then were generally not paved. Now, the required paved streets can handle additional slope. Howison countered that the increased slope would increase erosion of sediment into the lake with no provision for the control of that erosion. Petersdorf answered that there is erosion control, since the City Engineer assures that the street is constructed within the state guidelines for erosion. Petersdorf used Kiechle Arm as an example of a well designed street.

Meyer suggested incorporating the old revision changes to the LCOG version. Darnielle said it is up to the Council to make the decision. Riechel said it would take a long time to do what Meyer suggested. Riechel said the items that Howison pointed out could be included in Ordinance 182. Riechel said the main thing that Ordinance 182 attempted to do was to get the process correct and eliminate confusion with the current code. Hogervorst said Ordinance 182 does not have the water quality protection provisions.

Riechel said that the problem that the City has run into with the shoreland definition is its ambiguity in the comp plan’s definition, which still exists. Riechel pointed to Stead’s letter, item three: "…the ordinary high water line of Siltcoos Lake is 12’ above mean sea level and the ordinary high water line of Woahink Lake is 39.8’ above mean sea level. The shoreland area is 50 feet measured horizontally from these points." Riechel said the 50-feet were outside the City’s urban growth boundary which could not happen, so the meaning must be 50-feet inland. Riechel said ordinary high water line to ordinary low water line is where the City needs protection. Howison agreed that it was okay to fix that definition, but the CCI would include the 50-feet from the apparent high water mark. Darnielle said the State definition would have to be used; therefore, the section would have to be re-written closer to the way Riechel had explained in the above remarks.

Riechel said that with the discussed changes, he did not see any difference in the two documents except for the long review process required for the LCOG document. Meyer said that both documents would have to be reviewed and the new document would be the easier document to modify due to the available red-line version, which the old document does not have. Martin said she had prepared a synopsis of Ordinance 182 for those who had not attended the CCI meetings. Scott commented on the complexity of the discussion in the preparation of Ordinance 182 and suggested putting the water quality protection items back into the document, having a third reading, and providing the planning staff with an adequate land use ordinance. Otherwise, the time that it will take to review the new document would leave the planning staff with an inadequate code. Hogervorst pointed to the CCI comments earlier in the year that were not incorporated into Ordinance 182, in fact, upon following up with Cynthia Chandler, Hogervorst said Chandler responded that Councilor Martin had not addressed her concerns. Martin objected by saying she had spent hours responding to Chandler and had never received an acknowledgement.

ACTION: L. Riechel made a motion to extend the meeting one-half hour. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.

There was a discussion about passing two documents that would create confusion for the staff. Petersdorf asked about the Type I, II, III and IV decisions being changed in the LCOG document. Darnielle said they were relatively the same.

Howison said he did not have confidence in Ordinance 182. Petersdorf said that no matter which document was approved, changes would be made in the future.

ACTION: L. Riechel made a motion to direct LCOG to produce Findings of Facts for Ordinance 182 with the following changes:

Definition for the Apparent Shoreline

155.2.4.200 Excessive Slopes

Change review of Type I decisions from "Planning Secretary" to "City."

J. Scott seconded the motion. There were 4 ayes, 2 nays (Howison and Hogervorst dissenting). Motion carried.

ACTION: L. Riechel made a motion to continue Ordinance 182 with a third reading. J. Scott seconded the motion. There were 4 ayes, 2 nays (Howison and Hogervorst dissenting). Motion carried.

Audience member John Stead said that DLCD may require a redline version of Ordinance 182. Meyer said the Council would take Stead’s comment under advisement.

There were meetings set as follows (a clarification from the meeting times set at the worksession held prior to that night’s regular City Council meeting):

October 11, 2006, 7 p.m. for the review of the land use documents

October 18, 2006, 7 p.m. for the Septic and Erosion Control Ordinances

11. Unscheduled Items Not Listed on Agenda

12. Executive Session – None.

 

 

 

13. Adjournment

 

Meyer adjourned the meeting at 11:27 p.m.

 

 

____________________________ _______________________________

Sheldon Meyer, Mayor Joanne Hickey, City Recorder