DUNES CITY COUNCIL MINUTES
REGULAR MEETING
July
10, 2003
1.
CALL TO ORDER AND ROLL CALL
Mayor Rob Ward called the meeting to order at
7:05
p.m.
PRESENT: Mayor Rob Ward, Councilors, S. Meyer (arrived
late), S. Navetta,
P.
Howison (arrived late), E. Becker, J. Martin, and R. Petersdorf.
ALSO PRESENT: City Recorder, J. Hickey; Recording Secretary, C. Lewis;
L.
Riechel, Planning Commission; B. Yager, Siuslaw News; LCAN, and a small number of citizens from the community.
2.
PLEDGE OF ALLEGIANCE
Mayor Ward led the Council and audience in the Pledge of
Allegiance.
3.
APPROVAL OF MINUTES
ACTION: B.
Petersdorf made a motion to approve the minutes for the June 12, 2003, City
Council Meeting as presented. S. Navetta seconded the motion. There
were
4 ayes, 0 nays
(Howison and Meyer absent).
Motion carried.
4.
BILLS OF THE SESSION
The bills of
the session for June 13, 2003, through July 10, 2003, totaling $21,121.74, were presented for Council approval.
Councilor
Howison arrived.
ACTION:
J. Martin made a motion to approve and pay the schedule
of bills for the period of June 13, 2003,
through July 10, 2003, totaling $21,121.74. Bob Petersdorf seconded the motion. There
were 4 ayes, 0 nays, 1 abstained (Petersdorf), and 1 absent (Meyer).
Motion carried.
5.
RECEIPTS OF THE SESSION
Receipts of
the session from June 13, 2003, through July 10, 2003, totaling $14,662.25.
6.
ANNOUNCEMENTS AND INFORMATIONAL ITEMS
A.
Councilor Ed Becker’s resignation
effective July 10, 2003. Councilor
Becker submitted his letter of resignation
due to his upcoming move with his family to Eugene.
ACTION: Bob
Petersdorf made a motion to accept Ed Becker’s resignation to be effective
at the end of the July 10, 2003, Dunes City Council Meeting. S. Navetta
seconded the motion. There were 5 ayes, 0 nays (Meyer absent). Regretfully, motion
carried.
B.
Lane County Commissioners request a
meeting with cities to discuss problems
and goals. Respond by July 14, 2003.
The meeting with the Lane
County Commissioners is an annual meeting. The
letter requests topics to be included in the meeting’s agenda. Mayor
Ward asked Joanne Hickey to
call Lane County and find out exactly what is wanted.
The Council came
up with some topics:
-
Law Enforcement for rural Lane County.
-
Update on the last phase of widening on Clear Lake Road.
-
Steps to be taken to monitor business under Lane County’s
jurisdiction that has a potential to pollute in the Woahink Lake
watershed.
-
Current status of the wrecking yard.
C.
Lee Riechel announced that for the July
16, 2003, Planning
Commission
meeting, there would be a work session including Dave Perry from
the LCDC.
The Planning
Commission will be addressing a workable definition and
rules
defining the Shoreland Zone.
7.
GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS:
A. Marvin and Darlene Beckman, no
present address. The Beckman’s asked
the
Council to start proceedings to remove the Open Space Overlay on Booth Island.
Lee Riechel, Planning Commissioner, said that LCOG Attorney Gary Darnielle
had been present at the meeting when the discussion of removing the
Open
Space Overlay had occurred. Darnielle had recommended that the overlay
be
removed. Mayor Ward asked that the Planning Commission draft a
written
recommendation to the Council including what the impacts of removing
the
overlay would be. The Beckman’s said that the reason they would
like to see
the
overlay removed is for future development of their property. At the
present
time
they must get Conditional Use Permits, which involves time, money and
effort.
Councilor Petersdorf said that the Comprehensive Plan addresses Booth Island,
so
there would need to be discussions with the LCDC to make any changes.
The Beckman’s then requested a Site Review for the current building
site.
Hickey
said that the Beckman’s could be accommodated within seven days.
B.
Rand Dawson, Siltcoos Station Road, Westlake,
OR 97493
Dawson acknowledged Karen Russell of Water Watch (guest speaker)
and thanked her for traveling from Portland to
talk to the Council and citizens.
C.
Karen Russell, Senior Staff Attorney, Water Watch, Portland, OR.
Russell
introduced and gave the history of WaterWatch, an advisory group
with
900 members who work with individuals or groups with legal
processes
concerning water issues. Russell said, “WaterWatch is not strictly a fish
group,
and they are not an anti-dam group, and they are not an anti-development
group.
What they are is a group who advocates for the protection of river flows
and
pushes to ensure that water development won’t harm basic public values
for
Oregon’s rivers and lakes.” Russell said that Water Watch is
contesting
International Paper’s (IP) certification of water rights to protect this
important
public resource of state-wide significance and to answer the question, “Who
has
the right to participate in the these types of allocations and should the
public
have
a right to participate? And what should happen to this public resource
and
lake
system and the waters in it, given that IP’s mill is not now operating.”
The
other
reason they became involved is that WaterWatch was contacted by local
citizens
and representatives of the City regarding the process the State was
going
through and how the people could become involved. WaterWatch’s
position is
to
“protect the flows needed for fish, wildlife, and recreation and the scenic
values
of this beautiful lake system and the current certificate does not do that and
give
any guarantees of what will happen to the resource…” in the future.
Recently
a
State Hearings Officer determined that the contest that was filed raised valid
legal
and factual issues that the State must address regarding IP’s water
rights.
WaterWatch is now in a legal battle with Water Resources Department over
what
should happen to these permits and the administrative process could take 3
½
years or more.
Mayor Ward asked Russell to update the Council on the
latest
ruling of the hearing. Russell said that that Hearings Officer ruled
that
WaterWatch did not have the ability to file a contest to the certificates but
he
left
open the door as to whether or not WaterWatch could intervene in
the
proceedings. WaterWatch disagrees with that ruling and will likely
appeal that
if
the group is not allowed back into the process. Once they eliminate that
obstacle,
they will be able to get into the merits of the case.
Becker asked if the certificate is not granted to IP, how would the dams
would
be
regulated? Becker described a scenario where an anti-dam group could
come
in
and apply for the water right to remove the dam. Russell answered that
the
possibility is there but it was just as possible that another party would be
given
the
water right to manage dam…possibly Dunes
City. Councilor Howison
asked
about the transfer rules. Russell said that the transfer doesn’t take
into
account the public’s interest in the lake levels or land use planning
requirements.
Russell suggested that the City write to Water Resources and let them know
there
are specific things that the City would like to see considered in the
transfer
process such as land use planning and lake levels.
Mayor Ward said that Dunes City’s position is that the majority of
residents
believe that the lake level should remain as it is and not go back to
pre-dam
levels. Becker asked Russell what would be the net impact to the lake if
the water levels were drawn down in accordance with the
Certificate. Russell said that
she didn’t know,
but would like to see a study addressing wildlife needs
and community needs.
Becker said that the Forest Service had conducted a Lake’s Watershed
Analysis, but it was a
generic analysis that didn’t discuss specifics. A discussion
ensued about a study
addressing the lake level of Siltcoos Lake.
Councilor Meyer arrived.
Councilor Howison said that there had been indications from IP that they
were interested in divesting interest in the water right.
Russell said that they were aware of those indications
and it has caused concern. Mayor Ward
suggested contacting the Water
Resources Board asking that if IP is not awarded
the certificate, what the
process is for the transfer of the water right to another use. It
was decided to write the Water Resources Board and IP restating
Dunes City’s position
and interest in the lake’s levels. Councilor Martin asked
that if
we
knew IP’s intention, would there be any way to bind IP to those intentions?
Russell said that there could be a
settlement agreement with certain conditions
added before
certification is granted.
8.
PUBLIC HEARING – None
9.
REPORTS
ROAD
COMMISSION/MASTER ROAD PLAN/LCOG: R. Petersdorf
Councilor
Petersdorf reviewed the minutes from the Road Commission Meeting held on June
16, 2003. (See Exhibit A)
Petersdorf
said that the Road Commission would also be looking into building contractors’
equipment breaking down the edges of the paved roadways. Mayor Ward
asked to have a work session with the Road Commission with pictures taken to
show the damage that is being done to the roads.
Petersdorf
reported that there had been an information session with the Road Commission
and Council about the upcoming road projects for the summer of 2003. As
a result of that meeting, Mayor Ward had asked Petersdorf to present budgeting
information and a reassurance that the portion of the project earmarked for
Chet’s Trail is on a public street. Petersdorf provided a map as a
result of Circuit Court 16-9107168 that created the public driveway.
Joanne
Hickey reported on the road budget. Hickey said there would be $350,000
left over in the fund at the completion of the projects. Mayor Ward said
that the City would reserve the right to pull any project for any
reason.
Councilor
Navetta wanted to know why so much of the road budget was being used to
improve Kiechle Arm Road, which is a private road. Councilor Howison
wanted to know what the advantage to the City would be by improving Kiechle
Arm Road. Petersdorf said that the present state of the road does not
allow the ambulance and the fire department access to the residences.
Mayor Ward said that improvement to Kiechle Arm Road was a choice that the
City had made when the residents came before the Council asking for
improvements. The City did say it would improve the road if the
residents had the road’s right-of-way dedicated to the City.
Petersdorf said that the same City Council had approved the project last July
with the exception of Councilor Martin. Petersdorf said that he needs to
get a signature from Alan Montgomery at which time all of the easements will
be secured. Bids will not be awarded until all right-of way’s
are dedicated to the City.
ACTION:
B. Petersdorf made a motion to send the eleven reviewed road projects for the
summer of 2003 to bid. S. Meyer seconded the motion. There were 5
ayes, 1 nay (Navetta dissenting). Motion carried.
Councilor Navetta said that she did not want to be liable in a law suit, since
she believes that Kiechle Arm does not qualify as a dedicated Public
right-of-way.
Petersdorf made a recommendation to the Council to keep temporary Road
Inspector Keith Herring until the projects are completed rather than bringing
on a new Road Inspector mid-way into the projects. The Council agreed.
PARKS
& RECREATION/TOURISM/WATER –
E. Becker
None.
SITE
REVIEW COMMITTEE – J.
Martin
Councilor
Martin reported that she had received no response to the letter sent to the
Watts regarding the eyesore/nuisance ordinances.
ACTION:
J. Martin made a motion to initiate abatement procedures against the Watts property located at
4683 Pacific Avenue. S. Navetta seconded the motion. There were
6 ayes, 0 nays. Motion carried.
Councilor
Martin said she will reinstate abatement under the nuisance ordinance.
POLICE
COMMISSIONER/SRFD/CONSERVATION COMMITTEE
– S. Navetta
None.
COMMUNITY
CENTER
– P. Howison
None.
GRANTS/FRANCHISES/LICENSES
– S. Meyer
Council
Meyer reported that the City had received the annual rate notice from Charter
Cable. It appears that there are no rate increases. Petersdorf
suggested that the City Council write a letter to Charter Cable protesting the
lack of an office in Florence as stated in the franchise agreement.
MAYOR’S
REPORT - Rob Ward
Mayor Ward reported that he had talked to Chief
Lamm of the Florence Police Department in regards to expanding law enforcement
services to Dunes City to offset cuts in service from the Oregon State Police
and Lane County Sheriff’s Office. Chief Lamm said that he would have
to check with their City Manager to see if it could be done. Ward
suggested asking the citizens if they would fund such services with a property
tax levy since Dunes City does not have the funds in the budget. Navetta
suggested taking a poll in the next newsletter verses a Town Hall
Meeting.
Ward said that he is still trying to get an
answer from Water Resources Department about the need of Fish Screen before
the Woahink Water Rights can move forward.
10.
UNFINISHED/OLD BUSINESS – None.
11.
NEW
BUSINESS
A.
Resolution .04-10-03 (B) -
Authorizing expenditures of anticipated funds from 2003 RTMP
agreement. Resolution 04-10-03 (B) must be voided as the
expected
expenditures were not incurred.
ACTION:
J. Martin made a motion to void Resolution 04-10-03 (B). P. Howison
seconded the motion. There were 6 ayes, 0 nays. Motion carried.
B.
Resolution 07-10-03 – A
resolution establishing a fixed assets inventory.
The
resolution addresses the auditor’s report that the City did not have a fixed
assets
inventory that will provide a property inventory and property ledger.
ACTION:
E. Becker made a motion to adopt Resolution 07-10-03 establishing a fixed
assets inventory. B. Petersdorf seconded the motion. There were 6
ayes, 0 nays. Motion carried.
C.
Application for Appointive Office – Site Review Committee
Brad Hanscom and Shirley McGrew
ACTION:
R. Ward made a motion to accept the appointments of Brad Hanscom and Shirley
McGrew to the Site Review Committee. B. Petersdorf seconded the
motion. There were 6 ayes, 0 nays. Motion carried.
A letter will be sent out to Hanscom and McGrew along with a copy of the
nuisance ordinance.
12.
UNSCHEDULED ITEMS
Navetta remarked that the Dunes City website has not been moving forward. Hickey
will
write a letter to Fred Hilden noting comments on the website and asking for an
update.
J. Martin asked Hickey for monthly updates on expenditures. Hickey said
they would
be
included in the Council Meeting packets.
13.
EXECUTIVE SESSION: None.
14.
ADJOURNMENT: Mayor Ward
adjourned the meeting at 9:10 p.m.
APPROVED BY:
__________________________
___________________________
Robert
B. Ward, Jr.,
Mayor
C. Lewis, Recording Secretary
________________________
___________________________
S.
Meyer,
President
J. Martin, Councilor
________________________
___________________________
R.
Petersdorf,
Councilor
S. Navetta, Councilor
________________________
Resigned 7-10-03_____________
P.
Howison,
Councilor
E. Becker, Councilor