MOTIONS FOR THE CCI LAND USE CODE REVISION

CCI Motions

12.13.05, 12.20.05 & 1-10-06

ACTION:        Mark Chandler made a motion to amend the draft revision to maintain the city’s current locally significant, non-riparian wetland setbacks 155.2.5.500.C Protection of Wetland Areas, substitute “50 Feet” for “25 Feet”; 155.2.5.500.D Substitute “50 Feet” for “25 feet”; 155.2.5.500.1.C Approval Criteria, substitute “50 feet” for “25 feet”.  Marilyn Miller seconded the motion.  There were 21 yes, 1 nay (Norman Martin),            6 abstained (Judy Martin, George Burke, John Scott, Peter Howison, Les Zemlicka and Lee Riechel).  Motion carried.

ACTION:        Mark Chandler made a motion to change the draft code revision at 155.2.5.500.2 Allowed Activities within Weland Protection Areas:  Delete “C.” section allowing fencing in WLPAs.  Jerry Wasserburg seconded the motion.  There were 18 ayes, 2 nays, 2 abstains Norman Martin),               6 abstained (Judy Martin, George Burke, John Scott, Peter Howison, Les Zemlicka and Lee Riechel).  Motion carried.

ACTION:        Ralph Farnsworth made a motion to maintain the solar access section of the current code: 155.090, 156.140 and 156.160 through 156.167 (stated 156.160, but it is believed he meant 156.167--cbl).   Marilyn Miller seconded the motion.  There were 17 ayes, 1 nay (Lee Riechel),                  6 abstained (Judy Martin, George Burke, John Scott, Peter Howison, Les Zemlicka and Lee Riechel).  Motion carried.

ACTION:        Richard Koehler made a motion to maintain Design and Development Standards of the current code 155.080 by including the sentence “The city may require appropriate higher design and development standards than the minimum required by this section upon a finding by the City Council that the division is located in an area possessing natural conditions which require special consideration or the division is intended for especially intensive development.” that would be located in the draft revision of the code at 155.3.0.1.  Jerry Wasserburg seconded the motion.

          There were     20 ayes, 0 nay,  6 abstained (Judy Martin, George Burke, John Scott, Peter Howison, Les Zemlicka and Lee Riechel).  Motion carried.

ACTION:        Johan Hogervorst made a motion to define natural and special consideration.  Bill Robinson seconded the motion.  There were 18 ayes, 0 nays, 6 abstained (Judy Martin, George Burke, John Scott, Peter Howison, Les Zemlicka and Lee Riechel).  Motion carried.

ACTION:        John Stead made a motion for the following: Whereas the Dunes City Comprehensive Plan states that, Coastal shorelands, significant resources, and habitats are defined as the areas within 50 feet (measured horizontally) of the line twelve feet above mean sea level on Siltcoos lake, 39.8 feet above mean sea level for Woahink Lake, and the area within 50 feet (measured horizontally) of the stream bed of Woahink Creek and other Class F creeks as defined by the Forest Practices Act, and the jurisdictional wetland identified within Dunes City limits (sic)

                        The residential development adjacent to the shoreline is considered to be consistent with shoreland goals since a 50-foot setback is required [Page 40].

                        And Policy K1 states, As defined by the Oregon Division of State lands, 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 shorelands area is 50 feet measured horizontally from these points.

                        And whereas,  The vegetative cover on the shorelines of Siltcoos and Woahink Lakes is recognized as important habitat for fish and wildlife and fore its importance in stabilizing the banks from erosion/ A development setback of 50 feet has been established to protect those riparian resources.” [Page 39]

                        Therefore be it resolved that the Proposed Ordinance 155 be consistent with the Comprehensive Plan and in agreement with existing ordinances in all references to ordinary high water, ordinary low water, and the definitions for zone boundaries, shoreland, shorelands shoreland, area and shoreline and that all reference to “apparent shoreline” be deleted from the Proposed Ordinance.

                        Ralph Farnsworth seconded the motion.  There were 24 ayes, 0 nays, 7 abstained (Judy Martin, George Burke, John Scott, Peter Howison, Les Zemlicka, Susie Navetta, and Lee Riechel).  Motion carried.

ACTION:        Marilyn Miller made a motion to amend the original motion for the purpose of construction and vegetation removal near the shoreline of Siltcoos Lake, Siltcoos River, Woahink Lake, Woahink Creek, Little Woahink Lake, Little Woahink Creek, and Gibbs Creek, the shoreland area is the section of land above the water extending from the ordinary low watermark to 50-feet inland from the ordinary high water mark.  Jerry Wasserburg seconded the motion.  There were 24 ayes, 0 nays, 7 abstained (Judy Martin, George Burke, John Scott, Peter Howison, Les Zemlicka, Susie Navetta, and Lee Riechel).  Motion carried.

ACTION:     Jerry Wasserburg made a motion as follows: 

                    Resolved:  Dunes City Council recognizes the great effect that human habitation and landscape can have on surface water, ground water, and drinking water quality.  Whereas, Dunes City Council will develop Best Management Practices (BMP) program following the DLDC & DEQ Water Quality management Code & Model Development Code to guide residents, contractors, developer, visitors and others whose activities may affect water quality.  Whereas, Dunes City Council may fund their BMP program with available financial resources and to further seek support from foundations and agencies to support the program.  Whereas, Dunes City Council will elect a BMP Commission to implement the BMP program, to aid in seeking funds, to maintain records for public inspection and publish guidelines in the form of a BMP handbook.  Christina May seconded the motion.

 ACTION:    Lee Riechel made a motion to amend the motion on the floor to change Commission to Committee.  Mark Chandler seconded the motion.   Vote was unanimous.  Motion carried.

                    Vote for the original amended motion was unanimous.  Motion carried.

 ACTION:     John Stead made a motion that the City shall maintain its existing standard and specific rules instead of employing a combination of the safe harbor method and the inventory process.  Karen Peck seconded the motion.   

ACTION:     Gerry Wasserburg made a motion to table the motion.  Mark Chandler seconded the motion.  There were 17 ayes, and 6 nays.  Motion carried.

ACTION:     Ralph Farnsworth made a motion to replace 155.2.1.210.4 Residing Density, Section B, to define the overall density of a PUD as being no greater than what a legal subdivision would be on the same development area as per 155.4.3.  John Stead seconded the motion.   Vote was unanimous.  Motion carried.

 ACTION:    John Stead made a motion to amend Ralph’s Motion that the overall density of a PUD be no more than what a  legal subdivision would be on the same development.  Bill Robinson seconded the motion.   Vote was unanimous.  Motion carried.  Call for the question on the amended original motion.  Vote was unanimous.  Motion carried.

ACTION:     Bill Robinson made a motion that PUD lots less than one acre shall dispose of sewage effluent in a community sewage treatment facility located on ground suitable for sewage disposal.  Lee Riechel seconded the motion.  There were 10 ayes, 13 nays.  Motion failed.

ACTION:     John Stead made a motion to approve the attached Resolution (See Exhibit A).    Karen Peck seconded the motion.  There were 23 ayes, 3 nays.  Motion carried.

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Della Robinson made a motion to adopt Ordinance 181 with the change of removing PUDs and Subdivisions from Page 2, Section 2, Exempted Development.  Peter Howison seconded the motion.  Roll call vote:  Ayes: Hogervorst, Howison, Robinson, Meyer (tie breaking vote); Nays: Scott, Martin, Petersdorf.  There were 4 ayes, 3 nays.  Motion carried.

Della Robinson made a motion to adopt the Findings of Fact as presented in support of Ordinance 181 as adopted with the inclusion of the supplement changes as provided by Mark Chandler.  Peter Howison seconded the motion.  There were 4 ayes (Meyer tie breaking vote), 3 nays.  Motion carried.

Peter Howison made the following motion:  I move to form a Moratorium Support Committee in view of the immediate nature of the moratorium in order to implement the moratorium and secure its objectives.  The committee goal is to implement the moratorium within the stated time period t the best of their ability and the resources as hand.  The City shall budget up to $7500.00 for their purposes, plus such funds as are received by any grants.  The moratorium support committee chairman shall have the power to consult with the City Attorney.  The Committee shall provide the Mayor with regular updates on progress or additional needs.  (The City shall recognize the $2500 citizen financial contribution as a front-end financing for the City and the City shall duly reimburse that contribution)  I propose the following committee member:  Johan Hogervorst, David Bellemore, Mark Chandler, Susie Navetta, John Stead, Marilyn Miller, Ralph Farnsworth, Jerry Wasserburg, (Richard Koehler), and other members chosen at the discretion of the committee.  ??? (I need to review the tape) seconded the motion.  There were ???? (I need to review the tape).  Motion carried.