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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, P. Howison, J. Martin, M. Miller and R. Petersdorf. (One Council Position Vacant) ALSO PRESENT: City Recorder, J. Hickey; City Attorney, Gary Darnielle, Recording Secretary, C. Lewis; L. Riechel and Les Zemlicka, Planning Commission; Erin Payne, Siuslaw News; LCAN; Fred Hilden, Webmaster; and a few 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 May 13, 2004, City Council Meeting. ACTION: M. Miller made a motion to approve the minutes for the May 13, 2004, City Council Meeting as presented. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. 4. BILLS OF THE SESSION The bills of the session for May 14, 2004, through June 10, 2004, were presented for Council approval. ACTION: J. Martin made a motion to approve and pay the schedule of bills for the period of May 14, 2004, through June 10, 2004, totaling $48,312.46. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from May 14, 2004, through June 10, 2004, totaled $26,527.91. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS Election for three City Council Seats and Mayor in November: candidate filing period June 2 - August 24, 2004. Mayor Ward announced that Councilor Susie Navetta had resigned last week due to health problems. Ward suggested that a plaque be made recognizing the value of Navetta's service to the community. Ward suggested that since Navetta's position is up for election in the fall, that the Council appoint John Scott, who had previously applied for a vacant Council position upon the resignation of Ed Becker last fall. ACTION: B. Petersdorf made a motion to appoint John Scott to fill the City Council position vacated by Susie Navetta. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. John Scott will be sworn in at the beginning of the July City Council Meeting. Scott will serve on the Planning Commission until the vacancy is filled. The Planning Commission vacancy will be advertised in the newspaper. Ward also announced that he will be running for re-election. Ward will be absent for the July and August meeting. Council President Sheldon Meyer will preside during Ward's absence. Petersdorf and Meyer are to attend the June LCOG meeting in Navetta's absence. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS Dave Brown of Dave Brown Construction. Brown gave the Council an update on the repair projects at City Hall. Brown explained the storm drain system and recommended covering the Road Room door to prevent water seepage into the building caused by wind driven rain against the door. Brown suggested pouring footings to accommodate the roof should the Council decide to add the covering at a later date. At the time of the roof installation, the tool shed housing the water system could also re-roofed. Ward suggested that Brown meet with Councilor Howison to draw up a plan. 8. PUBLIC HEARING A. FISCAL YEAR 2004-2005 BUDGET: Presentation of the proposed 2004-2005 fiscal year budget by Bud Maxwell, Budget Committee Chairman. Mayor Ward opened the Public Hearing at 7:37 PM. There were no declared conflicts of interest. Chairman Maxwell declared the 2004-2005 Fiscal Year Budget as complete and presented it for approval to the Council. There were no comments from the public. Public hearing closed at 7:38 PM. ACTION: J. Martin made a motion to adopt Resolution 06-10-04 adopting the 2004-2005 proposed Budget as presented and making the related appropriations. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. B. VARIANCE - ROBERT L. MOHLER, Map No. 19-12-34-24, Tax Lot #3600, 83433 Spruce Lane. Mayor Ward opened the public hearing at 7:12 PM. Mayor Ward reviewed with the Council, the petitioners and the audience the formalities required for a Public Hearing, including the right to request that the record remain open for one week. Mayor Ward asked the following questions of the Council: Does anyone have a declaration of interest or exparte contact? Councilor Petersdorf disclosed that he and Lee Riechel had visited the site on a fact finding trip. Petersdorf also said that the Road Commission had recommended to the City Council that the variance be granted. Did anyone in the audience have a challenge to the issue? No one came forward. Gary Darnielle presented the staff report (see Exhibit A). The Planning Commission ruled that the variance meets all criteria for acceptance. Applicant Robert Mohler, 83433 Spruce Lane, Florence, OR 97439. Mohler explained that the addition is incorporated into the existing garage. There was no opposition. Mayor Ward closed the public hearing at 7:48 PM. ACTION: P. Howison made a motion to approve the request the variance for Robert Mohler's property at Map No. 19-12-34-24, Tax Lot #3600, 83433 Spruce Lane, 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. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. C. ORDINANCE 169 - An Ordinance amending Section 2 of Ordinance 104. Ordinance 169 amends the number of members on the Parks and Recreation Commission. Mayor Ward opened the public hearing at 7:55 PM to consider adoption of Ordinance 169. Ward asked the Council if there were any potential conflicts of interest. There were none. Ward read Ordinance 104 in full. Ward asked if there were any public comments. There were none. Public hearing closed at 7:58 PM. ACTION: M. Miller made a motion to have the short title reading of Ordinance 169, an Ordinance amending Section 2 of Ordinance 104. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. Mayor Ward read Ordinance 169 by short title. ACTION: B. Petersdorf made a motion to adopt Ordinance 169, an Ordinance amending Section 2 of Ordinance 104. M. Miller seconded the motion. Ward called for a roll call vote. There were 5 ayes, 0 nays, 1 vacant. (Yes - Meyer, Howison, Martin, Miller, and Petersdorf). Motion carried. D. ORDINANCE 170 - An Ordinance granting to Central Lincoln PUD, a municipal corporation, a franchise to construct, operate, and maintain both overhead pole lines and underground power lines along the streets and public ways within Dunes City, Lane County, Oregon; setting the consideration for such franchise and repealing Ordinance No. 85; and declaring an emergency. Meyer gave a brief explanation of the required Ordinance. Darnielle said that the 20 year franchise agreement expires on July 12, 2004. The agreement has been updated by both PUD and Darnielle. There was a discussion regarding an increase in the franchise fee from 3 ½ % to 5%, with a one time cost to the City of $640 to PUD to update the billing software to include the increase, as well as notifying customers that the increase is being collected for the City of Dunes City. Mayor Ward opened the public hearing at 8:12 PM. Ward asked for comments. There were none. ACTION: S. Meyer made a motion to have the short title reading of Ordinance 170, An Ordinance granting to Central Lincoln PUD, a municipal corporation, a franchise to construct, operate, and maintain both overhead pole lines and underground power lines along the streets and public ways within Dunes City, Lane County, Oregon; setting the consideration for such franchise and repealing Ordinance No. 85; and declaring an emergency. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. Ward read Ordinance 170 by short title. Ward asked if there were any one in the public who would like to address the Council. There were none. Ward closed the public hearing at 8:15 PM. There were additional discussions from the Council on the raising of the franchise fee. The Council could not justify an increase to the consumers at this time. It was decided to modify the agreement indicating that the franchise fee could be increased at anytime during the agreement. Darnielle will bring back the agreement at the second reading of the Ordinance with the modification. It was also decided by the Council that the 20 year agreement duration was acceptable. ACTION: B. Petersdorf made a motion to amend Ordinance 170 to include the verbiage allowing the franchise increase at anytime during the agreement. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. 9. REPORTS CITY ATTORNEY - G. Darnielle Darnielle gave an overview of a request for OLCC license by Wakonda Brewing Company to brew beer in a residence for resale (see Exhibit B). The current zoning in the area disallows a brewery business. Ron Shearer, 83178 S. Pioneer Dr., Florence, OR 97439. Shearer said that his business is a green business that does not increase traffic in the area. The property has been used in the past 20 years for industrial use (making crab pots) and Shearer asked if the property could be "grandfathered" for business use. Darnielle said to grandfather the use, brewing would have had to occur in the past. Shearer said that residents wouldn't know the activity was occurring on the premises and that the same activity of home brewing is allowed. Ward said that the City could comment to OLCC that the City is not opposed to the use, but it does not meet City Code requirements and that the City is in the process of updating the Code when the issue would be looked upon. Ward polled the Council asking if the Planning Commission should address the business use in the Code update. All agreed, except for Miller who was unsure. Lee Riechel agreed that the Planning Commission would look at the issue. It was discussed that the OLCC application could be approved by the City with the condition that the business complies with zoning regulations. If there were no complaints by the surrounding residents of Wakonda, then the issue of zoning non-compliance would not have to be acted upon. In the meanwhile, the Code update would look at possibly expanding home-use businesses. ACTION: P. Howison made a motion to approve Wakonda Brewing Company to OLCC stating that the business must comply with zoning regulations. S. Meyer seconded the motion. There were 3 ayes, 2 nays, 1 vacant. (Martin and Miller dissenting) Motion carried. In other issues, Darnielle said that since Lane County Animal Regulation Authority does not have an agreement with Dunes City to issue dog licenses, Lane County will issue the licenses. Darnielle did look into the garbage franchise agreement that requires that the company notify the City five days prior to any fee increases. Ward directed that a letter be sent out to the Central Coast Disposal who violated the agreement informing them of their requirements and outlining the penalty that would be issued if the practice continues. Ward asked that a copy of the letter be sent to the County Transfer as a warning. Darnielle said that there was no action regarding Justice Court. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Petersdorf gave a report of the Road Commission (see Exhibit C). Petersdorf said that Camp Florence can provide two workers for $6 per hour to assist Keith Herring with the limbing. Hickey commented that the name of the Temporary Right-of-Way Use Permit should be renamed since the permit could be for 20 years, which she does not consider temporary. Petersdorf agreed that the name would be changed in the new Master Road Plan. Petersdorf said that the Road Commission recommended to the City Council that Contractor Richard Patsche be fined $250 for not obtaining a Vegetation Removal Permit when clearing vegetation to build a storage building in the City right-of-way. ACTION: B. Petersdorf made a motion to fine Richard Patsche $250 for removing vegetation in the City right-of-way without a permit and to instruct Patsche that he has 30 days to either pay the fine or appeal the decision to the City Council. Patsche is to be notified that to continue such practice could lead to the suspension of his right to do business in Dunes City. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. Petersdorf continued to explain that Patsche had constructed a storage building for Art George and that a portion of that building was placed on City right-of-way. The Road Commission recommended to the City Council that a Temporary Right-of-Way Use Permit is granted to Art George for the storage building with the condition that the permit would not be transferable to other owners should the George's sell the property. ACTION: B. Petersdorf made a motion to approve the Temporary Right-of-Way Use Permit for Art George allowing the storage building to remain in a portion of the City right-of-way. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. PARKS & RECREATION/TOURISM/WATER - M. Miller Miller reported that letters were written to Ward Beck and George Reedal. ACTION: M. Miller made a motion to initiate the procedure in the letters for Beck and Reedal. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. SITE REVIEW COMMITTEE - J. Martin Martin reported that the Committee continues to visit the Watts residence. Martin said that the Watts had the number of cars down to five, but during the last two weeks more cars have been moved on to the property. POLICE COMMISSIONER/SRFD/CONSERVATION COMMITTEE - Ward gave the report for the Water Control Committee (see Exhibit D). John Stead will be filling out the application to petition to the State to add the 6" board to the Woahink Weir. COMMUNITY CENTER - P. Howison Howison reported that he had looked into the building's septic system. The system is a unknown system and there is no way to check it out. Howison said that after investigating the septic system he feels that there is no emergency and that the septic should be fine for the next several years. Howison discussed the replacement of half the roof of the building as opposed to replacing the entire roof. ACTION: B. Petersdorf made a motion to go out for bids on the whole roof. M. Miller seconded the motion. There were 4 ayes, 1 nays, 1 vacant (Howison dissenting). Motion carried. It was decided that a 30 year roof specified in the bid request. GRANTS/FRANCHISES/LICENSES - S. Meyer None. MAYOR'S REPORT - Rob Ward Ward attended the Fire Department budget meeting. 10. UNFINISHED/OLD BUSINESS A. Decision on possible settlement with the Martin's regarding the culvert at Rio Road and Russell Drive. Council Judy Martin recused herself due to a conflict of interest. Darnielle said that an executive session was not necessary, since a decision had been made to settle with Martin's by paying $3175 for the repair of the culvert and that the Martin's sign a form releasing the City from any further responsibility regarding the culvert. Darnielle said that if there were any wetland issues, it would be between the Martin's and the State of Oregon. ACTION: P. Howison made a motion to offer the settlement offer of $3175 to Norman and Judy Martin who will hold the City harmless and release the City of any responsibility arising out of activity of the culvert at Rio Road and Russell Drive. M. Miller seconded the motion. There were 4 ayes, 0 nays, 1 abstained (Martin), 1 vacant. Motion carried. 11. NEW BUSINESS A. Resolution 06-10-04(A) - A resolution authorizing an increase in appropriation for Materials and Services in the Building Codes Fund. ACTION: J. Martin made a motion to adopt Resolution 06-10-04 (A), a resolution authorizing an increase in appropriation for Materials and Services in the Building Codes Fund. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. 12. UNSCHEDULED ITEMS Petersdorf presented a copy of the letter he had prepared to send to the Lane County Commissioners as directed by the Council, addressing the diminished services in Western Lane County. Ward said that he would not sign the letter, since there was a derogatory remark addressed towards Commissioner Anna Morrison. Petersdorf tore the letter up and told the Council that they could write their own letter. Ward said that he would draft a new letter for the next meeting. Meyer said that he may not be present at the August meeting. Ward said Meyer could appoint a substitute president to preside over August's meeting. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Mayor Ward adjourned the meeting at 10:05 p.m. APPROVED BY: Robert B. Ward, Jr., Mayor
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