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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL Mayor Ward called the meeting to order at 7:00 p.m. ABSENT: Councilor M. Miller and City Recorder J. Hickey. 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the August 12, 2004, City Council Meeting. Corrections were requested for page 7, paragraph 3, "owner" to "ownership" and paragraph 4, "requested" to "regulated." ACTION: J. Martin made a motion to approve the minutes for the August 12, 2004, City Council Meeting with corrections. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. 4. BILLS OF THE SESSION The bills of the session for August 13, 2004, through September 9, 2004, were presented for Council approval. ACTION: J. Scott made a motion to approve and pay the schedule of bills for the period of August 13, 2004, through September 9, 2004, totaling $11,677.59. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from August 13, 2004, through September 9, 2004, totaled $36,301.65. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Kari Mais Art Exhibition at City Hall during September and October. B. Thank you to Treehouse Signs and Decorative Arts (formerly Henderson's Signs) for signage throughout Dunes City. C. Thank you to Rosie and Poncho Clark for the brochure rack and interpretive maps. D. Thank you to Equinox Landscaping Inc. for the landscaping at City Hall. E. Thank you to all the volunteer helpers at the Lane County luncheon. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Gary Ferguson, Site Manager, Gardiner International Paper and Ronnie Howell, General Counsel for International Paper. Howell came before the Council to address the Water Right Certificates for Siltcoos Lake and Siltcoos River. Howell said that the certificates had been issued with the condition that the dam on the Siltcoos River be operated to maintain the current level of Siltcoos Lake. Howell said the certificate may be transferred, however, whoever holds the certificate is obligated to follow the same conditions listed on the certificate. In addition, Howell said that there was a condition that IP support a fish study on Tahkenitch and Siltcoos Lakes to be prepared by ODF&W. B. Tony West, Lane County Building Official. West addressed the Council concerning electrical permits that are now issued and administrated by the County. The Council wanted to compare Lane County electrical permit services to a proposal by The Building Department to take over electrical permit inspections for the City. West said that applications are available in Florence and may be faxed or e-mailed to Lane County (a tracking system is available on-line). Inspections are conducted on Tuesdays and Thursdays. Charlcie Kaylor addressed the Council in an effort to compare services and fees. Kaylor said that there would be a 30% increase over existing rates. West said that the fee would remain the same (a 7% surcharge goes to the State). Lane County also accepts credit cards. Both Lane County and The Building Department issue bulk labels to contractors. The issue of liability was discussed. Kaylor said that The Building Department represents the City and holds no liability over any lawsuits that might occur. West said that electrical permits would not be in the Dunes City jurisdiction, therefore, the City would not be held liable for any lawsuits. Ward suggested letting the County continue for now, because there is no liability to the City, they would provide better service (internet accessible), and the fees would remain the same. West said that if there were increases, it would be to cover costs due to any increase in services. Councilor Scott said that at last month's meeting it was discussed that an advantage of having permits issued at Dunes City would be the collection of 25% of the fees. ACTION: B. Petersdorf made a motion to continue having electrical permits issued by Lane County for Dunes City. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. 8. PUBLIC HEARINGS A. ORDINANCE 171 - An Ordinance establishing the Master Road Plan for Dunes City, Oregon, Second Reading. Ward opened the Public Hearing at 7:52 PM. Ward asked the Council to declare any conflict of interest. There were none. Darnielle explained that the Master Road Plan
(MRP) states that the MRP shall
prevail over the Dunes City Code, which is legal since the MRP is a functional
plan, can set policy, and is a level below the Comprehensive Plan. Darnielle
said that a problem may arise if the MRP and Dunes City Code have
inconsistencies between them. Issues have been brought up such as: Darnielle said that he had concerns about the Ordinance not being adopted that night; therefore, he suggested that a meeting be held to resolve any issues, and then adopt the Ordinance at the October meeting. There was additional discussion concerning street vacations. Darnielle said that the City has to follow the State statutory procedure and uses the Code of Ordinances to apply the criteria. Petersdorf said that the Ordinance didn't address street vacations and that there shall be no street vacations until the MRP was developed. Councilor Martin said that it's not a question of conflict, but the City can create a better way of processing a street vacation. Planning Commissioner Lee Riechel commented in opposition to the MRP as written. Riechel said he could support the MRP with one change: that the Code of Ordinance would prevail over the MRP. Riechel would like to see the Code prevail until the Code is changed. Riechel said that his primary objection is that the MRP is being developed as a law versus an administrative procedure. The MRP was developed to be a stand alone operating procedure. The appendices have not been changed, but the MRP process has identified changes that will need to be made during the Code of Ordinance revision. Martin asked for a specific instance where there was a conflict. Riechel said that the current driveway permit requires that a driveway apron be installed within one year of the building permit issuance; however the MRP will require that an apron be installed before the issuance of a building permit. Martin stated that the Code allows for improvement, so there is no conflict. Riechel said that the problem is the differences between the Code and the MRP. Ward opened the discussion up to public comments at 8:17. Norman Martin, 83750 Rio Road, Dunes City, OR. N. Martin asked when the Ordinance would be adopted. Darnielle said that the Ordinance would be adopted at the October meeting with an effective date 30 days after the adoption. N. Martin commented that the Code of Ordinances provides for the adoption of the MRP, therefore, upon adoption, the Code already says that the MRP prevails. Councilor Martin read from Dunes City Code of Ordinances 155.081, which J. Martin said puts the MRP in a prevailing position. Darnielle said that the Code does enable the City to make a statement in the MRP. Darnielle agreed that in general, the MRP does supercede the Code. Ward said that he is uncomfortable in that the Planning Commission would not being able to make a land use decision without the recommendations of the Road Commission, as the MRP is written now. Ward suggested that the Planning Commission include the Road Commission in the planning process whose input would be submitted in a set time frame. It was decided to schedule a work session for Thursday, September 16, at 7 pm to resolve any issues concerning the adoption of Ordinance 171. It was agreed by the Council that this would be the last meeting before adoption. ACTION: J. Martin made a motion to continue the second reading of Ordinance 171, an ordinance establishing the Master Road Plan for Dunes City, at the October City Council Meeting. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. 9. REPORTS CITY ATTORNEY - G. Darnielle Darnielle reported on the following: Woahink Weir: A City Insurance Services (CIS) investigator will be visiting the site of the Weir to determine liability should the dam cause flooding. CIS would be able to defend the City, but would not pay any damages. Ward said the City is in the process of acquiring the ownership and responsibility of the weir in order to store an additional six inches of water in the lake. Ward said that he is waiting for a response from Honeyman State Park indicating their approval or disapproval of the City's direction. Public Water Systems: Ward said that the Water Quality Control Committee wants to find out how Dunes City determines if property owners have legal access to water prior to the City issuing a building permit. Darnielle suggested that a letter be sent to the State officials from the City Council rather than from the committee requesting a meeting at the October City Council meeting. The Mayor will sign a letter drafted by Jeannie to be sent to whomever Bob Rice and Paula Taylor recommend to attend the meeting. Reedal Fence: Darnielle said that the dispute is a potential legal challenge and that the Conservation Committee should take a look at the Reedal's side of the property in order to keep "the look of a bias out of sight." Ward said that he had received a call from the Reedal's son who was concerned that Councilor Miller might have a conflict of interest. Ward talked to Miller who said that she did not have a conflict and she would call the Reedal's son. Ward will check with Miller to make sure the contact was made. Nuisance Ordinance: No review was held. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Petersdorf gave a report of the Road Commission (See Exhibit A). Petersdorf said that there is a concern that property owners are not cleaning their driveway culverts. It was suggested that a note be included in the December newsletter. PARKS & REC./TOURISM/CONSERVATION COMMITTEE - M. Miller - Absent. SITE REVIEW COMMITTEE - J. Martin Martin said that last month it was decided to proceed with the abatement process on the Beer's trailer, but when she started going through the eyesore ordinance, she determined that it did not fit since it was not a recreational trailer. Martin said it would have to be done under the Zoning rules. Today Martin, building inspector Gates and Lillian Peterson (Elaine Beer's mother) went inside the trailer. Although the trailer is littered with trash, Gates said that it was in good structural condition with no roof leakage. Martin reviewed the history of the trailer where the City conceded that the placement was legal, and permits were continually extended until the last permit expired in 1999. The City gave Beers permission to put her well on the City's right-of-way to meet septic setbacks. The last document to be placed in the file was a letter from Beers saying that she wished to keep the permit active. Since that time, the Code has changed requiring that a manufactured home must be at least a double-wide with 1000 square feet. If Beers were to attempt to renew the permit, she would not be able to meet the Code. Petersdorf said that there was a letter from Mortier stating that Beers could live in the trailer, but it did not meet the Code for a rental. Martin said she did not find the letter that Petersdorf was talking about, but there is a memo from the City attorney saying that the trailer met State Code when it was manufactured. Darnielle said the County requires that if a final inspection was never done, they must bring the building up to current Code and pay any additional fees. Martin will get more information. POLICE COMMISSIONER/SVFR/WATER - J. Scott Scott reported that Chief John Buchanan will address the Council at a later date. Ward said that the Water Quality Committee addressed concerns about lake speed and wakes. Ward said there was nothing in the Ordinance that would control speed for individual boat docks. The Committee drafted a letter to the State Marine Board and asked for Council support, which was granted. COMMUNITY CENTER - P. Howison None. GRANTS/FRANCHISES/LICENSES - S. Meyer None. MAYOR'S REPORT - Rob Ward None. PLANNING COMMISSION - Jeannie Cerda None. 10. UNFINISHED/OLD BUSINESS A. Furnace Replacement (previously budgeted) - Ward asked that Hickey come back with the cost difference between a furnace and a heat pump at the next Council Meeting. 11. NEW BUSINESS A. Annual Meeting with Lane County Board of Commissioners, FEC, October 25, 5 PM. It was determined that Scott, Howison and Staff will attend. B. Application for Appointive Office - Budget Committee re-appointment, Bud Maxwell. ACTION: R. Ward made a motion to re-appoint Bud Maxwell to the Budget
Committee. C. Woahink Water Rights - Clarification about metering irrigation only line. Ward asked that Hickey address the Council at the October City Council Meeting to determine what to charge for an irrigation only line. D. Assign LCOG Representative and Website Coordinator It was decided that John Scott will be the LCOG Representative and there was no need for a website coordinator (any concerns would be forwarded to the City Recorder). E. Government Fundamentals Training The announcement was made and Ward offered the session to any interested individuals. 12. UNSCHEDULED ITEMS Petersdorf thanked the Road Commissioners for attending the Lane County's Clear Lake Road Ribbon Cutting Ceremony 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Ward adjourned the meeting at 9:34 PM. APPROVED BY:
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