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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. PRESENT: ALSO PRESENT: ABSENT: Jeannie Cerda, Planning Secretary 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the October 14, 2004, City Council Meeting. ACTION: B. Petersdorf made a motion to approve the minutes for the October 14, 2004, City Council Meeting as presented. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION The bills of the session for October 15 through November 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 October 15, 2004 through November 10, 2004 totaling $11,596.88. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from October 15, 2004 through November 10, 2004 totaled $16,026.62. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Results of the Election: The election will be official as of November 22, 2004. B. Mayor Ward said that the results of the Police Services survey indicate that the citizens would like to see no change. C. The 1st Annual Christmas Tree Lighting and Holiday Celebration will be December 11th at 1:00 PM. D. Art Exhibition for November and December: Kathryn Dawson. E. Petersdorf gave copies to the Council of a newspaper article that reported of a Lakeside City Councilor receiving $18,000 in fines for an ordinance violation. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Paula Taylor, Boundary Commission and Rebecca Trujillo, Public Utilities Commission. Mayor Ward invited Trujillo and Taylor to help the City determine if property owners have legal access to water prior to issuing a building permit. Trujillo said that the PUC does not regulate water districts. Taylor said that, in fact, there are no water districts in Dunes City, but community water systems. For Trujillo's presentation, see Exhibit A. Ward asked for clarification of a "service territory". Trujillo said that the service territory gives a particular territory to a community water system and the PUC protects that territory from other water providers. The individual water system could provide a territory map to the City. Trujillo said that the PUC partners with the Lane County Boundary Commission when processing an application for a community system. Petersdorf asked what if the Boundary Commission refuses to go along with the PUC? Trujillo said that as long as no laws are being broken, the water provider may service its area. Taylor said that the service provider would still need to come to the Boundary Commission to add connections to its service territory. Trujillo said that in 1999, it was mandatory for water systems to register with the PUC for a service territory. It is now voluntary. Petersdorf cautioned that if the water system provider expands its usage and uses the City right-of-way, a Right-of-Way Use Permit is needed. Scott asked if the service territory affected an individual's right to obtain water with a well or from the lake. Trujillo said that it is okay for an individual, but a group of neighbors could not get together and drill a well for combined usage. Ward said that South Coast (aka: Oregon Water Services, Inc.) is having its water right amended changing it from a specific number of residences and campsites to a quantity based amount (not to exceed). Petersdorf wanted to know what would happen if, in the future, the City develops a water system. Trujillo said that the City would have to enter into negotiations with the service provider. Ward asked if the City would have eminent domain. Trujillo said no, the service territory allocation protects the water provider. Ward asked if the City could have a rider on the service territory allocation allowing for a City water system. Trujillo said yes. Taylor said the Boundary Commission could not impose a rider, but the City could. Ward said that it would be an opportunity for the City to impose such a condition during the process of a service provider requesting to expand its service territory. Ward asked what size would a water system be to be regulated by the PUC? Trujillo said that it was not a matter of size, since 20 percent of the users could petition the PUC to regulate rates. Trujillo said that four or more users constitutes a community system; however, the Health Division has different rules requiring testing. Taylor said that the Boundary Commission regulates more than four connections. Taylor said that Lane County has a cheat sheet to help the City determine which agency to contact. Taylor gave an overview of the Lane County Boundary Commission. The Lane County Boundary Commission is the last boundary commission in Oregon. There are seven appointees on the Commission. The Commission looks at boundary changes with the primary change being city annexations. The Commission also looks at special districts such as the creation of community water systems and the creation of additional water or wastewater connections. Taylor said that if there are any water systems adding customers the City should alert the Boundary Commission, since the provider cannot expand the system outside the district boundary. Ward asked that a summary of the presentations be sent to Trujillo and Taylor. Taylor will provide a list of contacts in the County regarding water resources. 8. PUBLIC HEARINGS - None. 9. REPORTS CITY ATTORNEY - G. Darnielle Darnielle reported on Measure 37 and the need for an Ordinance and Resolution (See Exhibit B). The Ballot Measure goes into effect December 2, 2004. The measure allows property owners to make claims against any restricted usage that resulted in a loss of the fair market value on their property. If a landowner has a legitimate claim, the City has the choice to either pay the claim or to waive or modify the regulation. The measure does not apply to the building code, nuisance codes, tree cutting ordinance (unless inside a zoning regulation), or any Federal regulations (such as the Flood Plan). The claim must be enacted within two years. The creation of an ordinance is needed to adopt a process by December 2nd. Darnielle said the measure could cost the City staff time if the ordinance and resolution are not in place. A special City Council Meeting was scheduled for November 22, 2004, at 7:30 PM. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Petersdorf gave a report of the Road Commission (See Exhibit C). Petersdorf said he had received a bill from Mike Roe Construction in the amount of $370 for gravel and $200 for labor to repair the damage to Ka-teech Drive resulting from storm water run-off. Petersdorf said he would abstain from any voting due to a personal relationship with the Contractor. Miller asked why it is Dunes City's responsibility to fix the washed out driveway. Ward said that the water is coming from a Dunes City road. Ward said that the expenditure was already approved at a prior meeting. PARKS & REC./TOURISM/CONSERVATION COMMITTEE - M. Miller Miller read the minutes of the October Parks and Recreation Commission Meeting. Miller said, concerning the Reedal fence, the Conservation Committee stands by their original determination that the fence is too high in the front and the fence stands too close to the shoreland. Ward said that the Reedals could apply for a variance. Hickey said that Reedal has requested that the meeting be postponed until all committee members could be present. Hickey said Reedal had been to City Hall twice prior to the construction of the fence to obtain information on City requirements. Ward will call Reedal and review the ordinance with him and give him information on how to apply for a variance. Ward was granted Council approval to send a letter to Reedal upon the completion of his telephone conversation. SITE REVIEW COMMITTEE - J. Martin Martin reviewed the memo from Gary Darnielle concerning the Beers' property (See Exhibit E). Darnielle said the City could not deny occupancy to the owner and although the original building permit has lapsed, the Beers could reapply under the current requirements. There was a discussion by the Council the possibility of purchasing the property for public use. Darnielle said that an executive session would be needed for acquisition of real property. Martin and Petersdorf will look into acquiring the property and determining if a discussion would be included in the special meeting on November 22rd. POLICE COMMISSIONER/SVFR/WATER - J. Scott Scott reported that a representative from the Sheriff's Department would attend the Council Meeting in February or March discussing a proposed funding option. Scott said that the next Water Quality Control Committee Meeting has been rescheduled for November 23rd. Ward answered the Riesenhuber letter, who was concerned by the proposed weir change creating a higher water level. Ward sent a responding e-mail letting the Riesenhuber's know that the higher level would not exceed winter levels. Ward said that the insurance company (CSI) does not have any problem with using the weir as a water storage devise. COMMUNITY CENTER - P. Howison Howison said that the heat pump would be installed on November 16th. GRANTS/FRANCHISES/LICENSES - S. Meyer Darnielle said that Charter has petitioned to decertify Dunes City to regulate rates of the basic tier. Petersdorf said he would like a letter written in opposition. Darnielle said that the FCC has taken statistical analysis' provided by the cable company, which had inaccuracies, as valid. MAYOR'S REPORT - Rob Ward Ward said that he would like to entertain a motion by the Council to award Christy Lewis, Recording Secretary, with the benefits of a check for the equivalent of one week's vacation ($250) and grant her the next four paid staff holidays. Ward indicated that the City would be rethinking the position when developing the personnel manual. ACTION: B. Petersdorf made a motion to approve a check to Christy Lewis for $250 and grant her the next four paid staff holidays of Veterans Day, Thanksgiving, Christmas, and New Years. M. Miller seconded the motion. There were 6 ayes, 0 nays. Motion carried. ACTION: B. Petersdorf made a motion to give each of the staff a $50 gift certificate for Thanksgiving and Christmas dinners. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. PLANNING COMMISSION - Jeannie Cerda Absent. 10. UNFINISHED/OLD BUSINESS A. Resolution 11-10-04, a resolution adopting a water use permit application fee and repealing Resolution 01-08-04(A). Ward explained that the Resolution is a modification to the original. ACTION: J. Martin made a motion to adopt Resolution 11-10-04, a resolution adopting a water use permit application fee and repealing Resolution 01-08-04(A). B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. 11. NEW BUSINESS A. Authorization to submit grant to DLCD for buildable lands inventory. Darnielle said that the existing inventory is seven years old and he would question the accuracy of the inventory since the update of the wetland/riparian inventory. ACTION: B. Petersdorf made a motion to apply to the DLCD for a grant to update the buildable lands inventory. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Resolution 11-10-04(A), a resolution transferring funds from general fund operating contingency to materials and services. ACTION: S. Meyer made a motion to adopt Resolution 11-10-04(A), a resolution transferring funds from the general fund operating contingency to materials and services. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. C. Woahink Domestic Water Right Permits: Establish policy for overdue installation payments and/or non-payment of annual fee. Ward said that the City would write a letter to the over-due property owners letting them know that they would not be issued a permit if their account is not current by the end of the year, denying them legal access to water from Woahink Lake. Ward said that non-payment of the annual administrative fee would be dealt with at a future date. D. Applications for Appointive Office 1) Susie Navetta, Bud Maxwell, and Ron Shearer, applications for Planning Commission appointment (two vacancies). Ward read a letter from Lee Riechel recommending Bud Maxwell as vice-chair to the Planning Commission. Ward recommended Maxwell and Navetta. ACTION: M. Miller made a motion to appoint Susie Navetta to the Planning Commission. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. ACTION: B. Petersdorf made a motion to appoint Bud Maxwell to the Planning Commission. S. Meyer seconded the motion. There were 4 ayes, 3 nays. (Mayor Ward decided the split vote). Motion carried. 2) Lee Riechel, Planning Commission and Road Commission re-appointments. ACTION: B. Petersdorf made a motion to re-appoint Lee Riechel to the Planning Commission and Road Commission. M. Miller seconded the motion. There were 6 ayes, 0 nays. Motion carried. 12. UNSCHEDULED ITEMS. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Ward adjourned the meeting at 9:15 PM. APPROVED BY:
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