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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 R. Ward, Councilors, S. Meyer, S. Navetta, P. Howison, J. Martin, and R. Petersdorf. (One Council Position Vacant) ALSO PRESENT: J. Hickey, City Recorder; J. Cerda, Planning Secretary; G. Darnielle, City Attorney; C. Lewis, Recording Secretary; L. Riechel, Planning Commission; M. Miller, Road Commission; John Scott, City Council Applicant; B. Yager, Siuslaw News; LCAN, and several citizens from the community. 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the September 11, 2003, Regular Council Meeting Minutes. ACTION: J. Martin made a motion to approve the minutes for the September 11, 2003, City Council Meeting as presented. S. Navetta seconded the motion. There were 5 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION The bills of the session for September 12, 2003, through October 9, 2003 totaling $136,081.15, were presented for Council approval. Mayor Ward requested pulling the Harrang, Long attorney bill to be voted on separately. ACTION: B. Petersdorf made a motion to approve and pay the schedule of bills for the period of September 12, 2003, through October 9, 2003, (not including the attorney bill) totaling $133,449.81. J. Martin seconded the motion. There were 5 ayes, 0 nays. Motion carried. Councilor Judy Martin abstained from the voting of the Harrang, Long bill due to a conflict of interest. ACTION: B. Petersdorf made a motion to approve and pay the September/October bill from Harrang, Long in the amount of $2,631.34. S. Navetta seconded the motion. There were 4 ayes, 0 nays, 1 abstained. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from September 12, 2003, through October 9, 2003, totaled $25,607.47. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. City Council Vacancy Filled: There were two candidates, John Scott and Marilyn Miller. Interviews and selection was held prior to the City Council Meeting. ACTION: S. Meyer nominated Marilyn Miller for the Dunes City Council seat that was vacated by Ed Becker. J. Martin seconded the nomination. There were 5 ayes, 0 nays. Motion carried. Miller will be sworn in at the November 13, 2003, City Council Meeting. B. Mayor Ward announced that the City had prevailed over the Martin LUBA appeal. C. There will be a meeting with the Lane County Board of Commissioners on October 27, 2003, at 5:30 PM at the Florence Events Center. D. Mayor Ward introduced Gary Darnielle who will be providing legal services to the City. E. The quarterly hours for the Office of Workers' Compensation for Volunteers are due. G. There is a free household hazardous waste round-up at the Lane County Transfer Site on October 17, from 12 p.m. to 5 p.m. and October 18, from 8 a.m. to 2 p.m. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Councilor Petersdorf wished to address some of the correspondence included in the council packets. Petersdorf inquired about the DLCD Notice prepared by the Martin's and the Building Department's David Mortier accompanying Dave Gates to the Robinson's property. 8. PUBLIC HEARING - None. 9. REPORTS ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Councilor Petersdorf reviewed the Road Report (see Exhibit A). Petersdorf said that the Road Commission had looked at the culvert that was referred to by Norman Martin at the September 15, 2003, Road Meeting. Petersdorf said that the Road Commission would not make any recommendations if the culvert issue had been decided upon by the City Council previously. Mayor Ward said that the Road Commission could bring the issue back to the Council if there were new information. The Road Commission has recommended to the City Council that two magnetic signs be purchased for the Road Inspector's vehicle which reads "Dunes City Road Department." ACTION: B. Petersdorf made a motion to purchase two magnetic signs for the Road Inspector's vehicle. S. Navetta seconded the motion. There were 5 ayes, 0 nays. Motion carried. PARKS & RECREATION/TOURISM/WATER - None. SITE REVIEW COMMITTEE - J. Martin 1) Councilor Martin received a complaint from David Johnston regarding a property owned by the Donegan's who have a house that has not been maintained and appears dangerous. (See Exhibit B.) POLICE COMMISSIONER/SRFD/CONSERVATION COMMITTEE - S. Navetta Councilor Navetta asked about Contractor Ken Carter's continued permit non-compliance, referring to the Hamilton and Morris properties. Ward replied that Carter had indicated to him that he was never involved in the lake issues at the Morris'. Navetta said that Carter had told her directly that he had graded down to the lake. Ward said that in regards to the Hamilton property, Carter had obtained a driveway permit, however the plumber did not get the temporary right-of-way permit. Navetta reported that the newsletter should be arriving on Monday. Dennis Klosterman, 8353 Spruce Lane, Dunes City: Mr. Klosterman inquired about a cleared lot. There was some confusion as to which property Klosterman was referring to, so it was suggested that he contact Navetta who will confer with Lee Riechel about Klosterman's concerns. COMMUNITY CENTER - P. Howison Councilor Howison reported that the recent rain doesn't appear to have left the inside of the building damp. There was reference to No Trespassing signs being posted at City Hall to dissuade local youth from getting on the roof of the building. GRANTS/FRANCHISES/LICENSES - S. Meyer Councilor Meyer reported that there will be a negotiation meeting with Charter Communications regarding the new franchise agreement at City Hall on October 22, 2003, at 6 p.m. Bob Petersdorf, Fred Hilden and Dennis Klosterman will also be in attendance. PUD has sent a letter asking if the City would like to add a 1.5% tax to residents' bills. Meyer said that the City budget doesn't need the money, so he feels no need to impose such a tax. MAYOR'S REPORT - Rob Ward None. 10. UNFINISHED/OLD BUSINESS - Agenda order changed. A. Horse Complaint - Notice and Order to Comply - J. Cerda Tyler Woosley, 05591 Alder Court, Dunes City: Mr. Woosley is the owner of the horse that belongs to his middle school-aged daughter. The horse is located on two acres of pasture. Mayor Ward instructed Mr. Woosley to obtain a conditional use permit allowing the horse to be kept in the City. After a discussion amongst the Council, Howison asked if Mr. Woosley could work something out with his neighbor allowing him to keep the horse at his property until going through the Conditional Use Permit. Mr. Woosley said that it would not be possible to work with the neighbor. ACTION: P. Howison made a motion to have Mr. Woosley remove the horse within two weeks, apply for a conditional use permit and suspend action. S. Meyer seconded the motion. There were 5 ayes, 0 nays. Motion carried. B. 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. Mayor Ward opened the public hearing at 8:15 p.m. Ward asked if any of the Council wished to declare a conflict of interest. Ward said he had the potential of a conflict since he would be applying for a permit. Councilors Martin, Meyer and Navetta also declared potential conflicts due to acquiring one of the permits. Ward asked for a motion to read the proposed ordinance by short title. Navetta said that during the last special meeting, there were two councilors who were not able to join in the discussion of the proposed ordinance, and she felt that the Council was moving too fast. There was a discussion regarding the declaring of an emergency. G. Darnielle explained that by declaring the proposed ordinance an emergency, it would allow the City to put the ordinance into effect immediately rather than waiting 30 days. If the Council feels like it is not an emergency, Section 5 can be deleted. The public hearing was re-opened at 8:20 p.m. John Stead, 83505 S. Cove Way, Dunes City: Mr. Stead wanted to know why the City has to incur costs, then pass those costs on to residents during these hard economic times. Stead commented that the Mid-Coast Basin Program specifies that Woahink Lake is "classified utilized water for domestic, livestock, and lake uses." Up until last August, costs to apply to the State for a water right permit were $400, plus a $750 fee for the easement that is no longer needed. The cost of the permit through the City would be $600 paid for up front for permits. He said that the permits would be in effect for 20 years; therefore including the $100 annual fee, it would boost the cost of the City water permit up to $2600. Stead pointed out inconsistencies with the State's statistics that determine water availability and that the State is using the City to fix their problem. The State could solve their problem by storing water in the lake. Stead related that the State had said that it would be easier to pull water from residents than to place a dam. He said the State should be asked to take a look at what it is asking Dunes City to do to bring 200 people into compliance. Stead recommended getting an opinion from the Attorney General. He cautioned the Council to do their homework and to regard the fact that the City's domestic water right will expire in 20 years if the City does not establish a water system. Dennis Klosterman, 8353 Spruce Lane, Dunes City: Mr. Klosterman said that the Council is using a short-term fix to destroy a long-term solution. He cautioned the Council to use very specific language to protect the City against any lawsuits. Norman Martin, 8375 Rio Road, Dunes City: Mr. Martin stated that the Mid-Coast Basin Regulation in the Comprehensive Plan has not been addressed. The public hearing portion was closed at 8:50 p.m. Mayor Ward said, "I am not aware of the City promising or making any commitment or being required to do a municipal water system of any sort." He has spoken directly with WRD, specifically about water metering. He stated that, "I don't have any basis to believe that we will be required in perpetuity to read those meters on a monthly basis. It's only going to be used to demonstrate our usage…" Ward said that the State will only require that the meters be read one to two times per year allowing the annual fee to be reduced. Navetta asked to get it in writing, since the Water Resources Department seems to change things so often. Navetta requested that Section 5, declaring an emergency be removed. Navetta questioned about the water permit system being classified as a water system. Darnielle said that he would get a formal opinion from the Attorney General's office before giving a staff opinion. The City Council so directed Darnielle. Darnielle would also double check the water right extension for Dunes City requiring that a water system be installed at the end of 20 years. Petersdorf said that he doesn't like to vote on hearsay. He would like to see something in writing from the Water Resources Department. Petersdorf commented that he believes that Stead is a visionary and the City should do it the right way. Petersdorf would like to know if the City will lose anything by amending the water right. ACTION: P. Howison moved that the proposed Ordinance 165 be read by short title. J. Martin seconded the motion. There were 5 ayes, 0 nays. Motion carried. Mayor Ward read the short title of proposed Ordinance 165 Mayor Ward moved to Item 12 (See Item 12), Unscheduled Items to address the Woahink Lake Weir. There was a recess at 9:32 p.m. following the Weir discussion. Meeting resumed at 9:51 p.m. C. Resolution 10-09-03 - A resolution adopting a water use permit application fee. Ward said that no action would take place at the meeting. There was a discussion about point(s) of diversion for multiple pipes. Petersdorf asked what happens to properties on the reserve list if the water right reaches its capacity. Ward answered that the City would create a history and project usage to assure reserved properties have access to water under the water right. Petersdorf commented that current water right holders that are junior to the City's water right should not be knocked off when 300 permitees receive recent access under the Dunes City Water Right. Ward said that if those junior water right holders are concerned, they can sign up under the Dunes City Water Right. 11. NEW BUSINESS A. Vacant City Council Seat - Council Appointment (addressed earlier in the meeting) B. Fall Clean-up: Volunteers will clean-up the grounds of City Hall on October 25, 2003, from 10 a.m. to 12 p.m. 12. UNSCHEDULED ITEMS A. Woahink Lake Weir Impending Failure: Mayor Ward has been approached by citizens about the weir on Woahink Lake that is in such a fragile state, and in need of repair before the winter storm period. The weir, which was placed by ODOT many years ago when re-routing Woahink Creek to accommodate Highway 101, has claimed no responsibility for its maintenance. The weir is adjacent to Dick Anderson's property. Should the weir fail, the level of Woahink Lake would drop 1 - 2 feet. Leisure Acres was approached by Mr. Anderson to estimate the cost of repairing the weir, which Leisure Acres quoted at $3750. Gary Rose and Porter Layton were in attendance as asked by Ward. Ward presented to the Council that it did not seem appropriate for Anderson to foot the bill to a weir that benefited private as well as public entities. Gary Darnielle offered that road monies could not be used to fund the repair. Ward suggested the RTMP grant money…Darnielle will look into the possibility. Ward said that the City would approach ODOT for reimbursement, but it could take up to a year to receive the money. ACTION: J. Martin made a motion to use money in the budget's contingency to fund the repair to the Woahink Lake Weir. S. Meyer seconded the motion. There were 5 ayes, 0 nays. B. S. Navetta reminded the Council that Water Resources Department and Dunes City promised residents a public meeting to answer questions about the Woahink Water Rights. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Mayor Ward adjourned the meeting at 10:26 p.m. APPROVED BY: Robert B. Ward, Jr., Mayor
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