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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL Councilor Robert Petersdorf called the meeting to order at 7:00 p.m. ABSENT: Mayor Rob Ward and Councilor Sheldon Meyer. 2. PLEDGE OF ALLEGIANCE Petersdorf led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the July 8, 2004, City Council Meeting. Councilor Martin asked for a correction on Page 3, to change Wade Hall to Wade Hawley and a correction on page 4, last paragraph to change Grants to City. ACTION: J. Martin made a motion to approve the minutes for the July 8, 2004, City Council Meeting with corrections. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. 4. BILLS OF THE SESSION The bills of the session for July 9, 2004, through August 12, 2004, were presented for Council approval. ACTION: M. Miller made a motion to approve and pay the schedule of bills for the period of July 9, 2004, through August 12, 2004, totaling $16,039.30. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from July 9, 2004, through August 12, 2004, totaled $38,385.22. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS Councilor Petersdorf presented a plaque to former Councilor Susie Navetta to recognize her years of service to Dunes City. Petersdorf moved forward agenda item 10. 10. Unfinished/Old Business A. Contract for Electrical Inspections in Dunes City. Charlcie Kaylor, representative from The Building Department, presented a summary of potential revenue from the sales of electrical permits. (See Exhibit A.) Kaylor said that Jeff Towerly of Lane County Building Department was reluctant to allow her company to assume the electrical permit program. Kaylor said that although they do not need Lane County's approval, it would be a courtesy to get their agreement. Kaylor will contact Towerly to give him more information. The Building Department will notify the Lane County Commissioners on behalf of the City. If there is contention by Lane County, Kaylor may then come back to the Council asking the City to apply political pressure. Kaylor also reported that Lane County will require customers to travel to Eugene to apply for the permit and Lane County is also charging more than what The Building Department is charging in other cities. The fee ratio is 75% The Building Department, 25% Dunes City. Petersdorf suggested inviting the Lane County Electrical Permit Department to a Council Meeting to explain their program. ACTION: M. Miller made a motion to have The Building Department proceed in implementing the electrical permit program to begin July 1, 2005. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. Petersdorf resumed to the order of the agenda. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS - None. 8. PUBLIC HEARINGS A. Request of Gary A. & Lark L. Fisher for a land use interpretation of Condition of Approval No. #1 to a Conditional Use Permit(CUP 0102) approved by the City Council on June 28, 2002, permitting horses on residentially zoned land. In June of 2002, the Dunes City Council approved the Fisher's request to have horses on their tax lot. As a condition, the Fisher's were to provide the City with a topographical map prepared by a licensed surveyor to show drainages and the fence line. Recently, the Fishers have asked the City to modify the condition due to the cost of preparing such a map. The City has sent out public notices to the surrounding property owners notifying them of tonight's public hearing as a land use action. (See Exhibit B.) Petersdorf opened the Public Hearing at 7:30 PM. Petersdorf asked the Council if they had any ex parte contact. There were none. Tom Nicholson, P O Box 308, Florence, OR 97439 (Attorney for the Fisher's). Nicholson explained that the Fisher's were looking for an interpretation from the City regarding the survey map since the cost of such a map is $12,000 - $15,000. Nicholson said that although the current fence encroaches into the buffer, it was built in good faith and the Fisher's will move the fence to the required setback. There was discussion by the Council with Nicholson regarding the conditional use permit and the limit of one horse per acre. Nicholson said that the Fisher's are aware of the limit and since the area is approximately 3.72 acres, they will keep the number of horses to three. Gary Darnielle said that Resolution 8-12-04 cites the requirement of the number of horses as provided by CUP0102 in item #2. Petersdorf asked if there were anyone who was opposed. There were none. Petersdorf closed the Public Hearing at 7:45 PM. There was additional discussion by the Council concerning the limit of 1 horse per1 acre versus 1 horse per 2 acres. Howison was insistent that the CUP could be interpreted to limit the Fisher's to 1 horse per 2 acres if additional feed is not provided along with the pasture as feed. Darnielle said that the CUP was passed by the Council and could not be changed. ACTION: M. Miller made a motion to approve Resolution 8-12-04, a resolution adopting a land use interpretation of the Fisher Conditional Use Permit (CUP0102). J. Martin seconded the motion. There were 4 ayes, 1 nay, 1 absent. (Howison dissenting). Motion carried. B. ORDINANCE 171 - An Ordinance establishing the Master Road Plan for Dunes City, Oregon and declaring an emergency. Petersdorf opened the Public Hearing at 8:00 PM. Petersdorf asked the Council to declare any conflict of interest. There were none. Celia Barry, Lane County Public Works. Audience in favor: Linda Lauck, 83550 Kiechle Arm Road, Dunes City, OR. Lauck said that the Master Road Plan has been in the works for 25 years and there have been numerous public meetings in the past four years. Lauck said that the City Council, Road Commission and Planning Commission have met two times during the last four years. At the last meeting of these entities there was a motion made and seconded to send Ordinance 171 (MRP) to the City Council for approval. Lauck said that the Master Road Plan is a start and that there will be changes in the future as the City grows. Lauck encouraged the City Council to pass Ordinance 171. Lauck is a Road Commissioner and Parks and Recreation Commissioner. Audience opposed: Lee Riechel, 83541 Jensen Lane, Dunes City, OR. Riechel said that he is not opposing the document itself, but opposes approving the document by Ordinance which would give the Master Road Plan the same power as the Dunes City Code of Ordinance. Riechel said that there is a clause in the MRP which states that in the event of a conflict between the two documents; the MRP shall prevail, therefore making the MRP the first level of law in Dunes City. Riechel believes that the Code of City Ordinances should be the first level under the Comprehensive Plan. Darnielle commented that he is concerned about the MRP taking precedence over the Comprehensive Plan, although it is legal to do. Darnielle said that care needs to be taken when Ordinances are adopted that there are no inconsistencies with the MRP. Riechel said that he feels that the City may be opening itself to future litigation as a result of inconsistencies between the MRP and the Comprehensive Plan. Riechel inquired if Petersdorf should declare a conflict of interest due to his being the Chairperson of the Road Commission. Darnielle said that there was no conflict of interest. Audience in favor: Norman Martin, 83750 Rio Road, Dunes City, OR. N. Martin said land use issues were purposely excluded from the Master Road Plan in its development. Martin further stated that in developing the MRP, issues had been identified to be included in the Code of City Ordinances update. N. Martin said that there is the minimum amount of contention between the two documents and he is in favor of passing the MRP. Planning Secretary Jeannie Cerda commented that the MRP dictates where people can put their driveway. Petersdorf did not agree. Public Hearing closed at 8:30 PM. Petersdorf spoke in favor of passing Ordinance 171 outlining the past grants obtained and used in the process of developing the MRP. Petersdorf would like the Ordinance passed to avoid any delays in adopting the MRP. Howison questioned that adopting the MRP was a true emergency, since it has been 25 years in the making. Councilor Martin was in favor of passing the MRP, since she is not aware of any conflicts with the Code of Ordinances and due to the ease of amending the MRP. Scott also questioned that adoption of the MRP was an emergency and stated that he would like to hold the Ordinance 171 over until the September meeting to include Mayor Ward and Council President Meyer in the process of adoption. Howison remarked that he was wary of the MRP taking precedent over the Code of Ordinances. The Council discussed Lane County's comments. ACTION: J. Martin made a motion to accept comments 1 and 3 of Lane County's input regarding the Master Road Plan as stated in Exhibit C. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. ACTION: J. Martin made a motion to have the first reading by short title only of Ordinance 171, an ordinance establishing the Master Road Plan for Dunes City, Oregon and declaring an emergency. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. ACTION: J. Martin made a motion to have the second reading by short title only of Ordinance 171, an ordinance establishing the Master Road Plan for Dunes City, Oregon and declaring an emergency. M. Miller seconded the motion. There were 3 ayes, 2 nays, 1 absent (roll call vote: Aye - M. Miller, J. Martin, B. Petersdorf; Nay - P. Howison, J. Scott; Absent - Meyer). Motion failed due to a non-unanimous vote required for an emergency adoption. ACTION: M. Miller made a motion to have the second reading by short title only of Ordinance 171, an ordinance establishing the Master Road Plan for Dunes City, Oregon and declaring an emergency to be presented at the September City Council Meeting. J. Martin seconded the motion. There were 4 ayes, 1 nay, 1 absent (roll call vote: Aye - M. Miller, J. Martin, B. Petersdorf, J. Scott; Nay - P. Howison; Absent - Meyer). Motion carried. 9. REPORTS CITY ATTORNEY - G. Darnielle Darnielle reported on the following: Erhart Annexation: The section of land proposed for annexation into Dunes City is outside of the Urban Growth Boundary. To begin the process the application and application fee would need to be received. There would then need to be a request for annexation to the Lane County Boundary Commission. The amendment to the Comprehensive Plan is expensive (approximately $1000 plus any costs including staff time). The applicant would have to pick up all expense. The 120 day time period does not apply to Comprehensive Plan amendments. Darnielle said that it may be difficult to show that more residential land is needed. One of the impediments would be that Dunes City would not accept the road unless the road was brought up to current Dunes City standards. Reedal Fence Placement: Mr. Reedal's son has offered a site review meeting on the Reedal property. The Conservation Committee will have an update at the next City Council meeting. Nuisance Ordinance: The nuisance ordinance has inconsistencies and Darnielle recommended that a sub-committee or the Site Review Committee look a version of an ordinance provided by Darnielle and make revisions. Petersdorf said that the nuisance ordinance was enacted by an initiative voted on by the public. Darnielle will do some research regarding amending that ordinance. Councilor Martin said that two members of her committee would be willing to review the nuisance ordinance. Councilors Miller and Scott also said they would also be willing to review the document. Siltcoos Subdivision Possible Illegal Water Extension: The water system was established prior to the existence of the Boundary Commission, therefore that portion is grandfathered. In 1996, the Boundary Commission authorized an extension (recognized some illegal extensions). Darnielle presented a map to the Council showing all the legal hook-ups. Any extension outside of the map is illegal and can be enforced through the building code by having the application for a building permit held until proof of legal permission for use of the water system is presented. According to the Boundary Commission, the Water Right that supports the water system includes 56 domestic home sites and 10 campsite. If the City is aware of any illegal extensions in the water system, a formal letter can be written to the Boundary Commission identifying the property by tax lot and the commission will take action. Cerda questioned denying a building permit based on no proof of a legal water source. Darnielle said that it is the City's duty to point out the requirements regarding water sources. Darnielle said that the City has the power to deny the building permits, but the City needs to apply that power consistently and not on an individual basis. Councilor Scott asked what happens if the PUC has granted approval to the water system. Darnielle said that both the Boundary Commission and the PUC have authority and approval would have to be received by both. The Boundary Commission would look at water shortages. Grant Lawsuit Regarding the Salal Issue: The City is being defended by County City Insurance Services (CCIS), who will review the issue, which Darnielle believes is unfounded. If the City were to lose, CCIS would pay any damages the City incurs. If the City lost on the takings issue, the City would have to pay, since that coverage is not included in the insurance. Other: Darnielle said that the personnel policy that Ward, Martin and Meyer are working on should be adopted soon. Martin said that the group is going through the City of Florence manual and is close to adopting a similar document. Darnielle said that there needs to be a policy developed concerning the Public Records Law. There should be some procedure in place that protects the City and staff. Darnielle said that before Dunes City acquires the owner of the weir and adjusts the height of the lake, the City should check with the insurance company concerning any damages or complaints that could occur regarding that issue. Councilor Miller brought up the issue of controlling boater's speed and wake damage to the shoreline. Petersdorf said that speed is controlled by the Marine Board of Lane County and buoys (5 mph) stating the speed can be requested. Petersdorf said that Lane County does patrol the lake for speed. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Petersdorf gave a report of the Road Commission. There was a meeting to review the Master Road Plan on August 16 that was attended by the Council, the Road Commission and the Planning Commission. The group recommended that the Master Road Plan be adopted at the August City Council meeting. PARKS & REC./TOURISM/CONSERVATION COMMITTEE - M. Miller Miller reported that the Conservation Committee is waiting for Howison to accompany them to Booth Island to review the Beckman shoreline complaint. Howison said that he received the complaint from another individual and does not have any other knowledge to offer the committee. Miller said that the Crippen vegetation removal issue is in compliance. SITE REVIEW COMMITTEE - J. Martin Martin said contact was initiated with the Watts, but there were no owners at the property. An abatement letter was sent, but the issue seems to be resolved. Martin contacted the complainant who is pleased with the progress that has been made regarding the Watts. Martin said that there has been no response concerning the Beers abandoned mobile home; therefore, the next abatement letter will need to be sent. ACTION: J. Scott made a motion issue the abatement letter to Elaine Beers for the removal of the abandoned trailer on Spruce Street in Westlake. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. POLICE COMMISSIONER/SVFR/WATER - J. Scott Scott reported that he had made contact with Siuslaw Valley Fire and Rescue Chief John Buchanan. COMMUNITY CENTER - P. Howison Howison reported on a bid received to replace the roof at City Hall. There was only one bid received. ACTION: J. Martin made a motion to approve the replacement of the roof by Jerry's Roofing of Reedsport for $7560 under the condition that the job be completed within 60 days from the acceptance of the contract. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. Petersdorf will put the caps on the back wall. GRANTS/FRANCHISES/LICENSES - S. Meyer Absent/excused. MAYOR'S REPORT - Rob Ward Absent/excused. PLANNING COMMISSION - Jeannie Cerda Cerda said that the proposed fee increases are no longer needed due to reduced advertising costs. 10. UNFINISHED/OLD BUSINESS - Previous agenda item. 11. NEW BUSINESS A. Date for proposed meeting between Lane County and Dunes City officials. Not discussed. B. Application for Appointive Office - Budget Committee re-appointment, James Baumeister ACTION: B. Petersdorf made a motion to re-appoint James Baumeister to the Budget Committee. M. Miller seconded the motion. There were 5 ayes, 0 nays. Motion carried. C. Committee Report Form - Hickey requested that Councilors look over the report form and make suggest changes if needed. D. Discussion about ribbon cutting ceremony and luncheon with Lane County. ACTION: J. Martin made a motion to buy lunch from Mo's and that the funds are taken from the General Fund, Miscellaneous. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. 12. UNSCHEDULED ITEMS ACTION: P. Howison made a motion to approve the printing of the Master Road Plan with Kinko's for approximately $1,112.36. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. ACTION: J. Martin made a motion to approve the Parks and Recreation expenditures of $3805 (See Exhibit E). M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. Susie Navetta reported for the Water Quality Control Committee (see Exhibit F). 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Petersdorf adjourned the meeting at 10:10 PM. APPROVED BY:
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