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DUNES
CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL Council President Sheldon Meyer called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Meyer led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the June 10, 2004, City Council Meeting. ACTION: J. Martin made a motion to approve the minutes for the June 10, 2004, City Council Meeting as presented. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried. JOHN SCOTT WAS ADMINISTERED THE OATH OF OFFICE AND ASSUMED HIS POSITION ON THE DUNES CITY COUNCIL. 4. BILLS OF THE SESSION The bills of the session for June 11, 2004, through July 8, 2004, were presented for Council approval. ACTION: B. Petersdorf made a motion to approve and pay the schedule of bills
for the period of June 11, 2004, through July 8, 2004, totaling $64,444.73. M.
Miller seconded the motion. There were 6 ayes, 0 nays. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from June 11, 2004, through July 8, 2004, totaled $26,527.91. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS Charles Draper's artwork is being displayed at City Hall during the months of July and August. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS John Stead, 82505 S. Cove Way, Florence, OR 97439 - Stead announced that as a result of the Water Quality Control Committee meeting in June that had addressed the possibility of storing water on Woahink Lake, Mayor Ward has asked that Stead apply to the State for the right to store water. The level of the lake would be held back at the spring level during summer months. MEYER ANNOUNCED A CHANGE IN THE ORDER OF THE AGENDA MOVING TO THE FIRST NEW BUSINESS ITEM 11. NEW BUSINESS A. Contract for Electrical Inspections in Dunes City - The Building Department representative, Charlcie Kaylor, 1245 Pearl Street, Eugene, OR 97401 Kaylor presented a proposal that the City contract with The Building Department to include electrical inspection permits. The agreement would be for four years. Kaylor explained that the process would need to be started now so that The Building Department could start the service on July 1, 2005. The process would include agreements and approvals, objections by the State addressed by January 1st, and approval or denial by April 1st. Don Meyer would be the electrical inspector with Chuck Crawford to be used as a back-up. Petersdorf asked what the time burden would be on the Dunes City staff. Kaylor said that it would take approximately two hours to train staff and the transaction of administering the permit would be minimal. Kaylor said that the staff would have to prepare the Ordinance. Meyer asked Darnielle if the City would need to do a Request for Proposals. Darnielle answered no, the code could be amended. Petersdorf asked how much it would cost the City to have Darnielle prepare the Ordinance. Darnielle said approximately $50 - $100 for attorney time. Petersdorf asked that The Building Department bring back a cost scenario at the August City Council Meeting and ask for approval to go forward with the addition of electrical inspection services for Dunes City. MEYER BROUGHT THE MEETING BACK TO AGENDA ITEM 9. 8. PUBLIC HEARINGS A. VARIANCE - Garrett Rice, Encroachment of Setbacks Council President Meyer opened the Public Hearing at 7:40 PM. Councilor Scott disclosed that he was a member of the Planning Commission and had heard testimony at the Planning Meeting regarding the variance request. There were no other declared conflicts of interest. Councilor Martin declared ex parte contact as she had previously visited the property, but did not discuss the merits of the variance. There were no other ex parte contacts declared. There were no comments from the public. Jeannie Cerda presented the staff report. See Exhibit A. Garrett Rice, P.O. Box 1704, Bend OR 97709 - Rice had no additional comments. Meyer asked if there was anyone in the audience who would like to speak in favor of the variance. Wade Hall, 5399 Buckskin Bob Road, Florence, OR 97439 - Hall commented that he had granted Rice a 10' easement. Hall said that he would rather look at developed property than brush and weeds. Meyer asked if there were anyone opposed or neutral. There were none. The City Council opened for deliberations. There was discussion regarding the decks of the multi-level home that would encroach over the native vegetation setback from the lake front. Councilor Miller asked if the deck could be scaled back. Rice answered that the deck could not be moved due to the septic and driveway requirements. Rice said that he was within State and Dunes City Code Regulations and that the foundation was not encroaching, only the deck. Councilor Howison asked if there was vegetation under the deck. Rice said that he was prepared to submit a landscape plan. At the present time, the vegetation that would be under the deck is blackberry vines. Miller wanted to know how high the deck was off the ground. Rice replied that it was eight feet. Councilor Petersdorf commented that there was no vegetation, since the lot had been cleared. Rice said that his excavator Richard Huff could not get within 40 feet of the cliff. Petersdorf said that usually a variance is granted for an existing building, but when Rice bought the lot, he knew the limitations of the size of the lot. Darnielle said that the variance could be granted due to a hardship. Howison asked for a vegetation landscaping plan within the 50' shoreline setback. Public Hearing was closed at 8:17 P.M. ACTION: P. Howison made a motion to approve the variance for Garrett Rice's property at Map No. 19-12-26-12, Tax Lot 5300, 5404 Buckskin Bob Road, with the condition that the railings for the decks be constructed of wire or glass, that Rice provide a revegetation plan of indigenous plants in the 50' shoreline setback, and that there be a temporary water bar constructed to block erosion near the lakeshore along the slope, 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. J. Scott seconded the motion. There were 5 ayes, 1 nays (Miller dissenting). Motion carried. B. CONDITIONAL USE PERMIT - Charles Morris, -- WITHDRAWN C. 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 Nos. 7, 68, and 85; and declaring and emergency. Second Reading. Darnielle said that there was a change in the title including the repeal of Ordinances 7, 68, and 85. Within the ordinance is an addition of Section 10 b, giving the City the right to raise the franchise fee to 5%. ACTION: J. Martin made a motion to have the second reading by short title 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 Nos. 7, 68, and 85; and declaring and emergency. M. Miller seconded the motion. There were 6 ayes, 0 nays (roll call vote, unanimous). Motion carried. Council President Meyer opened the Public Hearing at 8:25 P.M. Meyer asked the Council if there were any conflicts of interest. There were none. Meyer read Ordinance 170 by short title. Meyer asked if there were any public comment. There were none. Meyer closed the public hearing at 8:27 P.M. ACTION: M. Miller made a motion to adopt 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 Nos. 7, 68, and 85; and declaring and emergency. J. Martin seconded the motion. There were 6 ayes, 0 nays (roll call vote: unanimous). Motion carried. MEETING RECESSED AT 8:30 P.M. AND RESUMED AT 8:45 P.M. 9. REPORTS CITY ATTORNEY - G. Darnielle Darnielle reported on the following: The Martin culvert issue had reached a settlement. The Grants have 30-days to respond to the court at which point City Insurance Services (CIS) will file an answer. All questions should be referred to the CIS attorney or Darnielle. George Reedal's fence - Darnielle is still gathering facts. Petersdorf viewed a pin survey marker indicating that the fence was not in the City road right-of-way. There are still issues with the 6' height at the front of the house and the fence being placed within the 50' shoreline setback. Darnielle said some administrative action will occur within two weeks. Nuisance Code Review - the present code states that the City SHALL abate (doesn't give the City a choice). The City need to develop a process to abate and fine, and include the ability to lien a property (whether or not abated) if the owner doesn't pay the fine. There will be a draft of the dog ordinance at the August City Council Meeting. The draft letter to Ward Beck will be sent out. Fishers Meeting regarding their Conditional Use Permit - Darnielle said that as a condition of approval the Fishers needed to provide an accurate map, which would require a $3,000 to $10,000 survey. Gary Darnielle proposed a resolution presented at the next City Council Meeting (interpreting the survey requirement). Jeannie will notify neighbors and Darnielle will donate his time to draft the resolution. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Petersdorf gave a report of the Road Commission (see Exhibit C). Petersdorf said that a meeting to review the Master Road Plan will be Monday, July 19, 2004. The Road Commission, Planning Commission and City Council are requested to attend the public meeting. Lane County is asking for input (total closure vs. one-lane delayed traffic) regarding the widening of the Gibbs Creek Bridge on Clear Lake Road. Petersdorf said that the Road Commission has decided that more information from Lane County would be needed and that there would be a public hearing listed on the agenda for August's City Council Meeting to receive citizen input. PARKS & REC./TOURISM/CONSERVATION COMMITTEE - M. Miller Miller reported that the Parks and Recreation Commission had approved the purchases of a new ash urn and two benches. The Conservation Committee received a complaint regarding a building being erected on Booth Island without a permit and they will be looking into it. Joanne Hickey suggested that the Planning Commission address in the Code Revision access to the island and the unloading of heavy equipment, since it appears that the equipment used for the Beckman's property was loaded directly in the shore zone. Meyer suggested that there be an order issued by the building inspector regarding the Beckman's permit requiring the placement of a temporary tarp and to add a water bar to control erosion. SITE REVIEW COMMITTEE - J. Martin Martin reported that the trailer located on Spruce Street behind the City Hall needs to be removed. She will write the letter to the owner. Martin investigated the continual car comings and goings at the Watts and discovered that they are conducting the business of repairing cars on the premises. Martin suggested that a letter be written to the Watts and begin the abatement process. POLICE COMMISSIONER/SRFD/WATER - J. Scott ACTION: S. Meyer made a motion to appoint John Scott to assume the duties of resigned Councilor Susie Navetta. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. COMMUNITY CENTER - P. Howison Howison reported that a sleeve has been installed on the septic tank and a plug in the drain line was corrected. GRANTS/FRANCHISES/LICENSES - S. Meyer None. MAYOR'S REPORT - Rob Ward Neither Ward nor Meyer will be present at the August City Council Meeting. ACTION: B. Petersdorf made a motion to have Bob Petersdorf chair the August City Council Meeting. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. PLANNING COMMISSION - Jeannie Cerda Gary Darnielle presented the chart Jeannie had provided for the discussion of Dunes City Land Use Fees. Petersdorf commented that after the Code of Ordinances is updated, the public hearings will be reduced, which should reduce the cost. Petersdorf suggested updating the fee schedule after the update. Darnielle said there would be more information from Jeannie to accompany a resolution for the August City Council Meeting. 10. UNFINISHED/OLD BUSINESS - None. 11. NEW BUSINESS B. Applications for Appointive Office 1) Conservation Committee re-appointment, Richard Anderson ACTION: J. Martin made a motion to reappoint Richard Anderson to the Conservation Committee. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. 2) Budget Committee re-appointment, Ron Stanley ACTION: J. Martin made a motion to reappoint Ron Stanley to the Budget Committee. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. 12. UNSCHEDULED ITEMS Petersdorf announced that there would be a ribbon cutting ceremony for the Clear Lake Road improvement on August 31, 2004, with the Lane County Commissioners in attendance. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Meyer adjourned the meeting at 9:46 P.M. APPROVED BY:
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