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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL Mayor Rob Ward called the meeting to order at 7:00 p.m. PRESENT: Mayor Rob Ward, Councilors, S. Navetta, P. Howison, and J. Martin. (One Council Seat Vacant) EXCUSED/ABSENT: Councilors S. Meyer and R. Petersdorf ALSO PRESENT: City Recorder, J. Hickey; Planning Secretary, J. Cerda; Recording Secretary, C. Lewis; Siuslaw News, B. Yager; and a small number of citizens in the audience. 2. Pledge of Allegiance 3. Intergovernmental Agreement between Dunes City and Lane Council of Governments for legal services. See B. Petersdorf memo attached. Mayor Ward clarified the training the agreement referred to was for training to be provided by LCOG personnel to Dunes City personnel. Mayor Ward also clarified that the LCOG attorney would not be the City's exclusive attorney. Hickey clarified the effective date on the Agreement as being when Dunes City had approached Gary Darnielle to prepare an agreement. Councilor Martin requested that the Attachment be referenced in the Agreement. Ward said that an item #7 would be added to reference the Attachment. ACTION: J. Martin made a motion to approve the Intergovernmental Agreement with the addition of Item #7 adding a reference to the Attachment. S. Navetta seconded the motion. There were 3 ayes, 0 nays, 2 absent. Motion carried. 4. Ordinance No. 166 - An ordinance vacating a public utility easement platted on Lots 3 & 4, Block 4, third addition to Whoahink Acres Subdivision and declaring an emergency. Mayor Ward asked if there were any councilmember who wished to declare a conflict of interest or disclose ex parte contact? J. Martin identified a typo in Section 1: "That the following described public utility easement is hereby vacated as of the effective immediately…." Strike "as of the" as indicated. The public hearing was opened at 7:15 p.m. There was a lengthy discussion about the "DECLARING AN EMERGENCY" in the title of the Ordinance. S. Navetta and P. Howison wanted to know why the situation is being declared an emergency. Mayor Ward read the procedure statement. Ward said that there was a presentation made by the staff at the last meeting. Mr. Gerald Hamilton said that he had taken care of the issues that were brought up at the 9-11-03 City Council Meeting. There were no other speakers. The public hearing was closed at 7:20 p.m. ACTION: J. Martin made a motion to approve and adopt the proposed Ordinance 166, An Ordinance Vacating a Public Utility Easement Platted on Lots 3 & 4, Block 4, Third Addition to Whoahink Acres Subdivision and declaring an emergency. S. Navetta seconded the motion. There were 3 ayes, 0 nays, 2 absent. Motion carried. There was another lengthy discussion about the Ordinance being declared an emergency. Councilor Howison did not agree that the situation should be deemed as an emergency. It was decided to change Section 3 as follows: "It being necessary for the peace, health, safety, and or orderly development of the City of Dunes…." The word "and" was replaced with "or." 5. DISCUSSION: Proposed Ordinance 165 - An ordinance authorizing the sharing of the City's domestic water right and the establishment of an application fee; and declaring an emergency. See B. Petersdorf memo attached. The Ordinance was previously scheduled for approval, however there were some additional concerns to be addressed such as discontinuing permits under the Dunes City Water Right should a future community water system be implemented. Councilor Navetta commented that the proposed ordinance states that people currently utilizing surface water from Woahink Lake do not have a water right. Navetta said that was not true. Ward agreed. Navetta also questioned the statement that Woahink Lake is a source of potable water and is concerned that the Ordinance guarantees that the lake water is potable. Martin suggested including a disclaimer about the quality of the water. Ward suggested using the term household water in place of potable water. Navetta questioned Section 1 pointing out that it is incorrect that Dunes City is sharing the water right with property owners who live along the lake. It was decided to strike "who live along the lake" and add "Dunes City" to the private property owners who will share the water right. Navetta asked how Dunes City can deprive the rest of the residents of Dunes City a water system. She said that by adopting the ordinance, the residents who are signed up under the water right would be a majority of the vote not wanting to pay for a water system in Dunes City when the issue would be brought before the voters in the future. Ward said that the citizens had voted on three occasions to not fund a water system. There was a discussion about the ordinance creating the makings of a community water system and reference was made to a E-mail that was sent to Mike Grimm of the State Drinking Water Program implying that Dunes City is creating a water system. Ward said that the water testing being done on Woahink Lake is not related to sharing Dunes City's water right. It was decided to ask Gary Darnielle to comment on the issues that have been raised. Ward restated that the permit system will allow access to water, not create a water system. Councilor Howison questioned the declaration of an emergency. Ward said that the City wants to get the ordinance in place so that the administrative process may begin. The City will ask Gary Darnielle to explain the emergency clause. 6. DISCUSSION: Resolution No. 10-02-03 - A resolution adopting a water use permit application fee. Joanne Hickey recommended that the $75 annual fee be increased to $100. Ward said that the meters will have to be read from May to November (seven months) to document that the City is not exceeding the water right. Martin wanted to know where the meters were going to be installed. Ward said that the meters would be by the houses. Navetta said that it would take a long time to read meters in her neighborhood given the size of the properties. Martin suggested residents read their own meter, with a periodic check by the City. Ward said that the fees for the first year would be a high estimate to get one year ahead, and then adjust the fee schedule in a couple years after tracking the actual costs. 7. DISCUSSION: Fees for multi-users (i.e. water system) and undeveloped properties There was a discussion about charges from those who are a part of an existing community system and those who own property that may be developed in the future. It was decided to charge multiple water systems such as Fern Acres $600 (plus the cost of an other than standard water meter) and charge individual water users who benefit from the program a fee of $100 to cover administrative costs. There would be a $150 per lot charge for undeveloped lots. If there are multiple pumps, there will have to be a charge per pump. The Open Enrollment referred to in the proposed resolution was discussed. It was decided that new permitees will be charged $700 and the open enrollment period would be deleted. Those developers will not be absorbing the cost of the administrative costs, legal fees, mailings, etc. Those costs will be passed on to the future owners. 8. Executive Session: None 9. Meeting adjourned at 9:15 p.m. APPROVED BY: Robert B. Ward, Jr., Mayor
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