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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. Navetta, P. Howison,
ALSO PRESENT: J. Hickey, City Recorder; M. Meacham, City Attorney; EXCUSED: J. Cerda, Planning Secretary 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - December 11, 2003, Regular Council Meeting Councilor Martin recommended a correction to Judy Bedsole's last name referred to item 12, Unscheduled Items. ACTION: M. Miller made a motion to approve the minutes for the December 11, 2003, City Council Meeting as amended. S. Navetta seconded the motion. There were 6 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION The bills of the session for December 11, 2003, through January 8, 2004, totaling $4,331.41, were presented for Council approval. ACTION: M. Miller made a motion to approve and pay the schedule of bills for the period of December 11, 2003, through January 8, 2004, totaling $4,331.41. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from December 11, 2003, through January 8, 2004, totaled $17,033.85. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Set dates for January and February benefit/salary policy meeting. Meeting set for January 22, 2004, at 7 PM. Ward, Meyer and Martin will attend. B. Ad has been placed in the Siuslaw News for three vacancies on the Parks and Recreation Committee and three vacancies on the Budget Committee. C. Executive Session scheduled for January 15, 2003, at 7 PM. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS: None. 8. PUBLIC HEARINGS A. Robert Tone Request for Minor Partition, Map No. 19-12-23-34, Tax Lot 2501. City Attorney Milo Meacham asked if any Councilor wished to declare a Conflict of Interest (i.e. financial interest). There were none. Meacham asked if any Councilor wished to declare ex parte contact (contact outside the process). Miller and Navetta said that they had visited the site location. Petersdorf said that as an employee at Safeway, he had frequent contact with Tone. Meacham instructed the Council to keep remarks directed to the criteria and that issues must be raised at this time in regards to a future LUBA appeal. Lee Riechel gave a staff report regarding the Minor Partition (See Exhibit A), including the conditions, which included: 1. Prior to approval of the final plat for this partition, the applicant shall provide to the City proof that a 60' ingress/egress easement providing proposed Parcel-2 access to Davis Way has been recorded on the affected properties. DCC § 155.089(C)(3)(c). 2. Prior to approval of the final plat for this partition, the applicant shall provide to the City proof that the recorded easement referred to in #1 above contain the grantor, grantee, a description of dominant and servient tenements, a description of the intent and purpose of the easement, and a statement of maintenance responsibility. DCC §155.089 (C)(3)(c). 3. Requirement for a Site Review is required prior to the issuance of a Building Permit. Judy Martin commented that the reference to the access easement asks for a 60' width where it enters the lot. Martin said the code requires only 50'. Mayor Ward asked if Mr. Tone had any comments. He did not. Ward opened the Public Hearing at 7:30 PM. Ward asked if there were any member of the audience who would like to speak in favor of the minor partition. There were none. Ward asked if there were any member of the audience who would like to speak in opposition to the minor partition. There were none. The public hearing was closed at 7:31 PM. Councilor Petersdorf asked if Mr. Tone was obtaining his water through South Coast Water District, a well or Siltcoos Lake. Petersdorf asked that there be clarification of the water source, and that Tone get a clarification that if he uses the Water District, that he has a legal extension from that system. Ward said that he had asked the Boundary Commission who did not have any concerns regarding the water service. Meacham said that the Boundary Commission does have jurisdiction of Community Water Systems and he would check to see if the Boundary Commission has authorized the expansion of the system. Petersdorf said he has done extensive research and Paula Taylor of the Boundary Commission did not know of any expansion from the Siltcoos Heights Water System. Meacham said that the water source could be a Condition of Approval if required before final plat approval of the application to provide proof that Tone has access to water. Tone stated that he did not wish to tie up the process with the Boundary Commission. Ward said that the other option was to access Siltcoos Lake or drill a well. Meacham said that the condition did not need to be added. He will check with the Boundary Commission and relay the message to the City Council. Tone will have to let the City know what type of water source he will use prior to approval of a building permit. ACTION: B. Petersdorf moved to approve the minor partition to include all three conditions, with the change of the 60' width to 50' as discussed, because having considered the evidence presented by those for the proposal, it was found by the weight of the evidence "for" that the proposal should be approved. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried B. George Burke Request for Variance, Map No. 19-12-34-24 Tax Lots 1200 and 2100. City Attorney Milo Meacham asked if any Councilor wished to declare a Conflict of Interest (i.e. financial interest). There were none. Meacham asked if any Councilor wished to declare ex parte contact (contact outside the process). Miller and Navetta said that they had visited the site location. Petersdorf said that he had been on the property numerous times. Meacham instructed the Council to keep remarks directed to the criteria and that issues must be raised at this time in regards to a future LUBA appeal. Lee Riechel gave a staff report (see Exhibit B). Riechel explained the variance is for a non-conforming house on a non-conforming lot. There were two negative responses. Gale Elbow Ronning, neighbor, requested that there be a minimum of a 5' setback. Fish Mill Lodges was concerned about water run-off from the property. The Planning Commission recommended that the variance be approved with the conditions as follows: 1. Applicant provides a copy of the recorded 2-foot easement alongside the westerly portion of the property. 2. The maximum lot coverage is not to exceed 40%. Mayor Ward Opened the Public Hearing at 8:04 PM. George Burke gave an explanation of the plans to expand the current residence and reasons for the proposed placement. Burke explained that a new survey conducted in 1994, corrected the previous erroneous survey moving the property line back towards his house necessitating that the previous owners purchase a 2' easement the full length of the property line from Elbow-Ronning. Ward asked if Burke could modify his plan to shift the house to allow the 5' buffer. Burke responded that it would cost between $3,000 to $4,000, making it cheaper to buy an easement, however the neighbor would not be willing to sell. The extra run-off caused by the additional roof surface was discussed. Burke said that there is a large catch basin and that any future run-off would go to that catch basin. Ward asked if there were any member of the audience who would like to speak in favor of the variance. There were none. Ward asked if there were any member of the audience who would like to speak in opposition to the variance. There were none. The public hearing was closed at 8:15 PM. There was an issue brought up concerning the easement that was purchased in 1994, which did not come before the City Council for approval as a Conditional Use Permit. Meacham said that the City could review and approve as a lot line adjustment and incorporate the problem, or the City could be strict since the easement was created without approval by the City and enforce the setbacks. Petersdorf asked if the City would be setting a precedent. Meacham said no. There was a discussion about the deck not counting as part of the setback. Meacham clarified that, according to the City Code, a deck could not be built on a second story as proposed by Burke. Ward polled the Council asking for their thoughts. The consensus was that they felt the proposed setback was too close. Burke remarked that the property had lost 6' due to the bad survey, and that Ronning gained that 6' as a buffer. Burke explained that the reason that the proposed building occurs to the front of the lot is because of septic requirements at the back of the lot, therefore he has no other alternative to the placement of the expansion of the building. Meacham said that the Council's options were to approve as recommended by the Planning Commission, to deny, or to modify the recommendation. ACTION: B. Petersdorf made a motion to recommend to the City Council that it approve the variance to encroach into the front yard and side yard set backs requested by George Burke for Map No. 19-12-34-24 Tax Lots 1200 and 2100, taking the recommendation of the findings, facts, conclusions and laws of the Planning Commission with conditions. J. Martin seconded the motion. Mayor Ward called for a roll call vote. There were 4 ayes (Meyer, Martin, Petersdorf, and Ward), 3 nays (Navetta, Howison and Miller). Motion carried. The meeting was recessed at 8:45 PM. The meeting resumed at 9:00 PM. Ward adjusted the agenda order to move to Unfinished Business. 10. UNFINISHED/OLD BUSINESS A. Water Resources Department's response to John Stead and Alan Booth's findings on Woahink Lake. The letter was acknowledged by the Council and John Stead who was in the audience. Stead commented that the State responded to the presentation only. Ward gave a summary of the State's response to the Stead/Booth letter, which found the stated data interesting, but suggested that the City move ahead towards using their water right to bring non-permitted users of Woahink Lake water into compliance with the State regulations. Stead agreed and said that he and Booth would be preparing a response to the State's letter at a later time. B. Resolution 01-08-04 - A resolution adopting a water use application fee. Ward explained that having the Resolution in place would allow the City to send out letters notifying the water users of the cost and instructing that the fees would be due by the end of February. Ward said that the State has indicated they would like the permitting process finalized by June. The individual points of diversion need to be documented to be included with the application to the State as well as amending the City's water right permit to include those points of diversion. At that point, the water meters can be placed and process can continue towards implementation. Petersdorf voiced a concern about people's inability to pay the $600 fee with little warning. Ward said the City would see how many hardships surface before deciding how to resolve the problem. Ward said there would be a public informational meeting at the February 12th City Council Meeting. Navetta was concerned about passing the Resolution before giving the public an opportunity to speak. Petersdorf said that if there are enough people against the resolution, the Council could either rescind the resolution, or come up with something else. John Stead read his comments into the record (See Exhibit C). Ward stated that during the first year, the meters would be read on a monthly basis until it is established that the usage is at an estimated 30% of the permit allowance. At that point, the meters would be read from June to November only until the usage percentage approaches the 100% level at which time the readings would again be monthly. Ward said the City is not creating a municipal water system. Ward stated, "All we are doing is issuing access to water through a permitting process and we are not assuming any responsibility for pumps, water lines…probably the only thing the City is going to be responsible for, and that somewhat gets covered in the annual maintenance fee, is that if a meter were to break or fail, the City would replace the meter with money collected under the permitting process." There was some discussion about the maintenance of the weir as a means of storing water in the summer months. Jo Owen, 4950 Brentwood, Florence, OR: Owen asked about the 20 year renewal of the City's water right permit. Ward responded that the renewal of the permit and the amendment would begin this year. ACTION: B. Petersdorf made a motion to approve Resolution 01-08-04, A Resolution Adopting a Water Use Application Fee, with the modification of changing the dates of January 31, 2004, to February 29, 2004. J. Martin seconded the motion. Mayor Ward asked for a roll call vote. There were 5 ayes (Meyer, Howison, Martin, Miller, and Petersdorf), 1 nay (Navetta). Motion carried. Ward suggested that the issue of the weir and maintaining the winter levels of Woahink Lake until October or November would need to be addressed by someone at some point in time. There was some discussion about the effect of the level on Woahink Lake and the impact holding water back during the summer months on Siltcoos Lake. Ward adjusted the agenda order to move back to Public Hearings. 8. PUBLIC HEARINGS C. Formal Interpretation Subject to Appeal - Eligibility Requirements for Applying for a Comprehensive Plan Amendment. In a memo to the City Council (see Exhibit D), Jeannie Cerda explained that an application had been filed for a Comprehensive Plan Amendment by a party who wished to declare a wetland/riparian area, who is not the owner of the area. The Planning Commission made the recommendation that the request be accepted. Meacham, City Attorney, explained the situation saying that the City Council could choose to deny the request and stay with the policy that only the owner of the wetland/riparian area can ask for the amendment. Lee Riechel, Planning Commissioner, responded that there are errors in the wetland/riparian survey and questioned who should let the City know about those errors in order to update the Comprehensive Plan. Petersdorf said that the public notice for this public hearing contained incorrect information pertaining to amending the Comprehensive Plan. Meacham said that there were two types of Amendments to the Comprehensive Plan: 1. Legislative: issues that concern a large amount of people 2. Quasi judicial: issues that affect only a few people. Meacham said that in regards to this issue, both types could apply. Ward asked for interpretation by the City Attorney and present options at the next City Council meeting. Riechel said that the application fee has been accepted by the City. Meacham suggested asking the applicant to delay the 120 day response period, since at this point the City is determining if the application can be accepted. Ward adjusted the agenda order to move to New Business. 11. NEW BUSINESS A. Mark Sampson request to place a security gate on Alder Drive - represented by Ken Lewis, Building Contractor. Mark Sampson wishes to place a gate on a City street restricting public access, but allowing access to adjacent property owners. Ward said that the issue had been brought before the Road Commission at their December meeting. It was the recommendation of the Road Commission that the request be denied. Ward explained that letters had been obtained from adjacent landowners that did not object to the placement of the gate, as well as a letter from the Siuslaw Rural Fire District and PUD. Lewis explained the proposed location of the gate. Alder Drive is 10 feet wide with no turnaround. A vehicle would have to back out of the street before turning around. Ward, an adjacent landowner to the street, said that he was not opposed to the gate placement providing that Sampson assume all liability for the gate and that there be no guarantee as to how long the gate be allowed to remain. Petersdorf explained that the Road Commission was opposed to restricting public use to a public right-of-way and did not want to set a precedent in the City. Petersdorf suggested putting the gate at the first telephone post. Ward said that the problem of putting the gate at the property line is that drivers would not be able to see the gate until they were upon it. Navetta suggested posting better signs on Fir Lane before entering Alder Drive, alerting drivers that there is not a turnaround. Navetta asked who would be responsible for the street maintenance of the gated portion? Petersdorf answered that the City would be responsible. ACTION: M. Miller made a motion to deny the Temporary Right-of-Use Permit applied for by Mark Sampson for the placement of a security gate on Alder Drive. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. 9. REPORTS A. Road Commission/Master Road Plan - Robert Petersdorf Road Report: See Exhibit E ACTION: B. Petersdorf made a motion to purchase a chainsaw and pole saw for maintenance of the City streets. Navetta seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Parks & Recreation/Tourism/Water - Marilyn Miller Miller said that she had talked to James Genereaux regarding the vacation of a portion of Helkat Trail. Genereaux had wanted to purchase the two narrow lots adjacent to the proposed vacation, but the owners were not interested in selling. The proposed park would be a nature park in the City right-of-way with no development. Miller talked about the reactivation of the Parks and Recreation Committee that requires two Councilors. Bob Petersdorf volunteered to be the second Councilor. There will be three openings for Committee members. C. Site Review Committee - Judy Martin The Committee continues to monitor the Watts' residence for progress. There was a complaint at City Hall regarding the Watts that will be looked into. D. Police Commissioner/SRFD/Conservation Committee - Susie Navetta 1) Johnston tree removal - no longer an issue. Navetta presented a Resolution for a Water Quality Committee that will be discussed at the Executive Session on January 15th at the front of the session. E. Community Center - Peter Howison Howison reported on the progress of water-proofing the back wall of the Community Building. Building Contractor Dave Brown did a rough estimate of $3000 - $4000 to fix the problem, but had no clear estimate until the wall is unearthed, the property line surveyed, and the need for a retaining wall is established. Ward said that the contingency fund in the budget could be used for the repair. There was a discussion about going outside the bid process, since Joanne Hickey had tried various contractors to bid, and none were interested except Brown. Meacham said that it was acceptable, since the City was not limiting competition. ACTION: P. Howison made a motion to approve that Dave Brown move ahead with excavating the back wall of the Community Building and make a recommendation upon the ability to access the water leakage problems, limiting the dollar amount to $3500. M. Miller seconded the motion. There were 6 ayes, 0 nays. Motion carried. F. Grants/Franchises/Licenses - Sheldon Meyer Charter Communications (addressed at the beginning of reports): Meyer reported that a committee of himself, Petersdorf, Miller, and Dennis Klosterman had came to a franchise agreement of 15 years, with a option at the 10 year point to roll over another 5 years if there were no concerns. Meyer recommended to the Council that the franchise agreement be accepted. Charter Communications Representative Norm Lacy was in attendance. Ward said that at the February Council Meeting will be the first reading of the agreement with the second reading in March. The agreement would then go into effect 30 days from that date. Ward would like the city attorney to look over the document. G. Mayor's Report - Rob Ward Mayor Ward commented on the student forum that was held at the Florence Events Center, stating that there was some miscommunication as to when the forum was going to be held. There were two missed agenda items. The first was the annual selection of the Council President. ACTION: R. Ward made a motion to recommend to the City Council to appoint Sheldon Meyer as Council President. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. The second missed agenda item was the Committee Chairman Appointments. Due to the length of the meeting, the mayor approved of the adjustments made by the Councilors. 12. UNSCHEDULED ITEMS: None. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Mayor Ward adjourned the meeting at 10:58 PM APPROVED BY: Robert
B. Ward, Jr., Mayor
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