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DUNES CITY 1. CALL TO ORDER AND ROLL CALL PRESENT: 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES - Minutes of the February 10, 2005 City Council Meeting. ACTION: J. Scott made a motion to approve the minutes for the February 10, 2005 City Council Meeting as presented. D. Robinson seconded the motion. There were 6 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION The bills of the session for February 11 through March 10, 2005 were presented for Council approval. ACTION: P. Howison made a motion to approve and pay the schedule of bills for the period of February 11 through March 10, 2005 totaling $9,168.79. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from February 11 through March 10, 2005 totaled $18,585.74. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Thank you to Carl Niederer for Art Exhibit at City Hall - March and April B. Committee Vacancy: Conservation Committee C. LDS Church is sponsoring an Emergency Community Preparedness class on March 19th at 1 pm. LCC is holding a Tsunami Workshop at the FEC on May 17 at 8:30 a.m. 7. Guest Speakers/Citizen Input on Unscheduled Items - None. 8. Public Hearings ACTION: B. Petersdorf made a motion to combine Public Hearings MP0105 and MP0205. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. A. Minor Partition Application - MP0105: D.D.R. Inc., Dan Scarberry, President, Map 19-12-23-10, Tax Lot 901. B. Minor Partition Application - MP0205, D. D. R. Inc., Dan Scarberry, President, Map 19-12-23-10, Tax Lot 800. Mayor Ward read the procedural rules for a public hearing. Ward opened the public hearing at 7:15 p.m. Ward asked if any council member wished to abstain due to a conflict of interest. Councilor Scott stated that he is a real estate broker, but does not have the listing and would not profit from the partitions. Ward asked if any council member had exparte contact. Scott said that he has had exparte contact over the last few months. Ward said he was present at the Planning Commission meeting during the first public hearing for the minor partition. Councilor Petersdorf said that he had ex parte contact on February 19th when the Road Commission walked the property with Rick Cox and Clare Brien to gather information about the minor partition. Petersdorf said there was no discussion or decisions made at that time. Ward asked if there were any audience members who wished to challenge a council member on their suitability to hear the minor partition. There were none. Planning Secretary Jeannie Cerda gave a staff report on the minor partitions and went over the conditions of approval (see Exhibit A for MP0105 and Exhibit B for MP0205). Petersdorf presented the recommendation of the Road Commission, since there was not adequate time for the Commission to present their recommendations at the Planning Commission Public Hearing. Petersdorf read from the Master Road Plan, Future Road Systems that identified the partition area as one of the ten areas for future street development. Petersdorf read the recommendations from the February 21, 2005 Road Meeting Minutes as follows: 4. Road Commission Recommendation for Planning Commission Public Hearing for Minor Partitions: 15 acres and 16.4 acres. Petersdorf reported that a site review was conducted at the property site on Saturday, February 19, 2005. Present at the site review was Petersdorf, Lauck, Riechel, McKenzie, Connell, Herring, Lewis, and property owners Rick Cox and Clare Brien. Dave Persons was out of town. Petersdorf said that he wanted to go on the record saying he was not anti-growth, but wanted the partition done right. The Commission discussed the two partitions offering concern that if there were any further partition of the. parcels, it would be best if there was a street to handle the flow of traffic. There was some additional concern about the width of Cloud Nine Road, but it was determined that there was an adequate right-of-way width. Lee Riechel made a motion to recommend approval to the Council of Minor Partitions on Map 19-12-23-10, Tax Lots 800 and 901 with the following conditions: 1) Any further partition of Parcel 3 (11.8 acres, Map No. 19-12-23-1, Tax Lot 800) would require a street with two access points on Cloud Nine Road and require the continuation of a street to butt on the SW Corner, by the partitioner; 2) Any further partition of Map No. 19-12-23-1, Tax Lot 901, will require a street to extend through Parcel 1, 2, or 3 to the SE corner onto Clear Lake Rd., by the partitioner; and 3) a street light be installed by partitioner on Cloud Nine Road at the existing gate. Please see Exhibit C. Linda Lauck seconded the motion. There were 5 ayes, 0 nays. Motion carried. Petersdorf used a prepared map (see Exhibit C) and a map on the overhead projector to identify the recommendations. Applicants: David Davis, 1625 12th Street, Florence, OR 97439 Davis said that he believed that access will limit the configuration on Tax Lot 901 to four lots. Davis said that he has adequate water, has adequate electrical capacity from PUD, and has checked with the fire chief who has not walked the property, but is comfortable with fire access. Davis has a facilities permit for access off Clear Lake Road from the county. The access is located within a straight stretch providing adequate visual safety when entering Clear Lake Road. Davis pointed out that the recommendation from the Road Commission that the SE corner of the Tax Lot 901 parcel include another access onto Clear Lake Road would be impractical due to the slope and grade. Wobbe agreed saying that there is a guard rail in that area on Clear Lake Road due to the steepness of that section of ground, plus their would be some sight safety issues since Clear Lake Road comes over a hill at that area. Wobbe further said that they would not be able to get access from Lane County because of those safety issues. Petersdorf voiced concerns over the road having turnouts to accommodate fire trucks. Ward said that the Planning Commission's condition for certification from Siuslaw Valley Fire and Rescue would address Petersdorf's concern. Davis voiced some concern about the lateness of the Road Commission's recommendations. Ward explained that there are two public hearings where input can be received before the Council makes a decision. Davis was concerned about the Road Commission's recommendation about the second access onto Clear Lake Road. Ward explained that the recommendations are subject to design requirements and that the intent of the Road Commission is that if there are future partitions in the area that there be a link through the parcels between the access on Clear Lake Road and Cloud Nine Road to complete a loop. Darnielle said there cannot be conditions of approval that would bind the Council on a future decision. Darnielle said that you can warn an applicant that if you partition again, the Council will look very closely at additional streets. Scott said that there would only be at the most 20 additional people living within the parcels; therefore there would not be a significant amount of additional traffic to require a street. Ward said that with the access off Clear Lake Road and the access on Cloud Nine Road would not preclude the future development of a through street. There was a discussion about how the different parcels might allow for a
public street. Scarberry said that he had contacted PUD about a streetlight. PUD has instructed him that ordinarily the City has provided for the street light, but it would make sense to place the streetlight at the time of construction. Petersdorf said that PUD is wrong. The city would have a light placed if there is an existing pole and transformer. If not, it would be the responsibility of the partitioner to provide the light, and then the city would only pay for the electricity for the light. Davis asked if it is policy to have the property owner place the light. Petersdorf said that yes, the city has made it a requirement in the past. Davis said that he is not opposed to the streetlight, but would like to have the light placed during construction. Scarberry wanted clarification that the driveway approaches have to be constructed by a licensed engineer. Ward said that the staff report needed to be corrected recommending the driveways be designed, not constructed, by a licensed engineer. Ward asked if there were anyone in the audience that would like to speak for or against. There were none. Ward closed the public hearing at 8:05 p.m. Council deliberations: Councilor Martin made some suggestions for clarification changes on the Planning Commission's conditions of approval. The Council agreed to the changes to the conditions of "V. RECOMMENDED DECISION" for MP0105 as follows: 1. Prior to approval of the final plat for this partition, the applicant shall provide to the City proof that a 50' wide roadway/driveway easement providing the proposed parcels one and three with access has been recorded on the affected properties. DCC §155.089(C)(3)(c). 2. Prior to approval of the final plat for this partition, the applicant shall provide to the City proof that an easement has been recorded for parcels one and three that provides for the continuation of the 50' wide roadway/driveway easement referred to in condition #1 to provide each proposed parcel with at least 60' of frontage on that roadway/driveway easement. DCC §155.089(C)(3)(c). 3. Remains as is. 4. Correct reference only to 155.089(C)(3)(g). 5. Remove entire condition. Code requirement is not needed for this partition. 6. The following statement is to be included as a note on the plat: Prior to approval of a building permit for residential use of either parcel one or three of this partition site, the applicant shall provide to the City written certification from the Siuslaw Valley Fire and Rescue that the proposed access to the parcels is sufficient for purposes of fire protection. DCC § 155.031(2). Change number of item to 5 (item 5 of the original document was removed). 7. The Minor Partition approval will expire one year from the date of final approval if the Final Plat Map is not submitted to Dunes City and recorded before that date. Change number of item to 6 (item 5 of the original document was removed). There was a discussion about requiring a street light at the access on Cloud Nine Road. It was decided that the requirement of a street light is premature to the actual development. Ward suggested that the street light be a requirement if any future development is done on Parcel 3, along with the requirement of extending the street along the existing road bed at such a time. Petersdorf agreed as long as the Council is aware of this decision at the time of such development. ACTION: J. Scott made a motion to approve the request of D.D.R. Inc. for a minor partition MP0105 for Map and Tax Lot # 19-12-23-10-901 with the changes to the conditions as stated in the prior discussion because having considered the evidence presented by those for the proposal, as well as against the proposal, it was found by the weight of the evidence "for" that the proposal should be approved. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. Ward said that the same condition changes apply to MP0205, Tax Lot 800 as MP0105, Tax Lot 901, except that parcels should be referred to as one and two in the place of one and three. ACTION: J. Scott made a motion to approve the request of D.D.R. Inc. for a minor partition MP0205 for Map and Tax Lot # 19-12-23-10-800 with the changes to the conditions as stated in the prior discussion because having considered the evidence by those for the proposal, as well as the evidence against the proposal, it was found by the weight of the evidence "for" the proposal should be approved. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward called for a five minute break. C. Ordinance No. 173, an ordinance to establish a new Chapter 157 within the Dunes City Code of Ordinances entitled "Septic System Maintenance." First Reading. Scott said that the Water Quality Control Committee felt that there was a need for a septic system maintenance ordinance to protect the lakes in Dunes City. The ordinance would require an inspection of the system on a regular basis and, if required, provide for the system to be pumped or repaired. There will be two types of inspections on a five year cycle. Initial inspection will be visual and olfactory. If necessary, there will be a Type 2 inspection that would require an inspection, pump the system, and check the pumps to bring the system up to code. Darnielle said that in 1977, he worked on a septic tank management program for rural Lane County. The public strongly rejected the idea. Darnielle suggested that the public would be very interested in the ordinance if the public really knew the impact of the maintenance program; therefore, the City should do a press release informing the citizens. Darnielle said that before passing the ordinance there would need to be a cost estimate. Ward said that there would be a surcharge fee that would be collected by the inspector/pumper that would be used to pay for the program. Ward estimated that there would be 200 inspections per year. Darnielle said that administrative authority in the ordinance would have to be greater in order for an inspector to have authority to enter onto a property. Darnielle further suggested that it may be necessary to include the septic pumping in the nuisance ordinance in order to use the abatement procedure to issue a lien on the property. It may be necessary for the inspectors/pumpers to have a business license or a franchise (please see Exhibit D). Joanne Hickey offered for discussion the need for a property owner to be able to get a "second opinion" if an inspector/pumper decides that a system needs more than a Type 1 inspection. Darnielle said that an appeal could be included in the ordinance. Hickey verified from Ward that there is only one pumping service in the Florence/Dunes City area and commented that the inspector/pumper might not be subjective since the pumper would profit from any addition service that might be required. Ward said a certified pumper service would have professional credibility. Darnielle said that the City would have to find out what the inspection criteria would be and then include that criterion in the ordinance. Les Zemlicka asked about the occurrence of a personal vendetta resulting in a complaint to the City about an individual's septic system. Susie Navetta said that Dunes City is only concerned about routine maintenance and such complaints to the City would be referred to Lane County since they are the enforcing agency for septic system failure. Fred Hilden, owner of Lake's Edge RV Park, said that as a commercial business, he has his septic system annually inspected, but would now have to pay the surcharge to Dunes City for something he already has done. Ward said that if a system has been inspected, the property owner would provide proof to the City bypassing an inspection. Councilor Meyer said that he felt the Council should continue to discuss the ordinance and provide a news release. Ward said that a press release would be issued that would include the estimate of the cost of the program. It was decided that Ordinance 173 would continue with the first reading, then delay the second reading until the public has had adequate opportunity to remark on the ordinance and the certain items are incorporated into the ordinance. ACTION: J. Martin made a motion have the first reading of Ordinance 173 an ordinance to establish a new chapter 147 within the Dunes City Code of Ordinances entitled "Septic System Maintenance," by short title only. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 173 an ordinance to establish a new chapter 147 within the Dunes City Code of Ordinances entitled "Septic System Maintenance," by short title. D. Ordinance No. 174, an ordinance concerning public contracting; repealing and replacing Ordinance No. 160 and Chapter 33 of the Code of Dunes City; and declaring an emergency. First and Second Readings. Darnielle explained that the new ordinance incorporates most of the old ordinance. Howison questioned the need to declare an emergency. Darnielle said it would be better to have the ordinance in place for reassurance that if something does come up, the City will be protected. ACTION: B. Petersdorf made a motion have the first reading by short title only of Ordinance No. 174, an ordinance concerning public contracting; repealing and replacing Ordinance No. 160 and Chapter 33 of the Code of Dunes City; and declaring an emergency. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 174 by short title. ACTION: B. Petersdorf made a motion have the second reading by short title only of Ordinance No. 174, an ordinance concerning public contracting; repealing and replacing Ordinance No. 160 and Chapter 33 of the Code of Dunes City; and declaring an emergency. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 174 by short title. ACTION: B. Petersdorf made a motion to adopt Ordinance No. 174, an ordinance concerning public contracting; repealing and replacing Ordinance No. 160 and Chapter 33 of the Code of Dunes City; and declaring an emergency. J. Martin seconded the motion. Roll call vote: Meyer, Scott, Howison, Martin, Robinson, Petersdorf: aye. Vote was unanimous. Motion carried. E. Ordinance 175, an ordinance amending the Dunes City Comprehensive Plan wetland (Appendix G) and riparian (Appendix H) inventories. First Reading. The Buildable Lands Inventory will need to be completed prior to adoption of an Ordinance; therefore, no action was taken. 9. Reports: CITY ATTORNEY - Gary Darnielle 1) Resolution 03-10-05 - A resolution endorsing the Lane County Regional Tourism Strategy Task Force Recommendations ACTION: J. Martin made a motion to adopt Resolution 03-10-05, a resolution endorsing the Lane County Regional Tourism Strategy Task Force Recommendations. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. 2) Modification of Nuisance Ordinance Councilor Martin suggested that including liability insurance along with unexpired license plates might discourage the accumulation of discarded vehicles. Darnielle said that Lane County does not require liability insurance. Martin said that the requirement of liability insurance might give the City the means to prove that vehicles are being repaired for gain in a residential zone, since the owner would have to show the registration to prove they had the insurance. Martin said that the ordinance should be reviewed by Judge Cindy Cable, since eventually she will be enforcing the ordinance. Martin also said that a change was made to the section that refers to "junk be out of view of the City Right-of-Way" adding, "and adjacent properties." There was also a change that the City would allow two hours to service automobiles on a public street. Councilor Petersdorf asked if the eyesore ordinance is contained in the nuisance ordinance and inquired if the initiative passed by voters would affect the new document. Darnielle said that the eyesore procedure is in the new ordinance and that the initiative is of the same legislative authority as the City Council; therefore, not bound by a vote of the people. The ordinance will be put on April's City Council Agenda as a first reading, with the second reading at the May Council meeting. Councilor Martin said that the nuisance ordinance does not include animal control. Darnielle said that the City could use the Lane County regulations and would bring a draft to the Council next month. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - Robert Petersdorf Petersdorf gave a report of the Road Commission (See Exhibit C). ACTION: B. Petersdorf made a motion that the Road Commission purchase $1700 worth of equipment for FY 2005/2006. D. Robinson seconded the motion. There were 6 ayes, 0 nays. Motion carried. PARKS & REC./TOURISM/CONSERVATION COMM. - Della Robinson Robinson reported that due to the savings for the reprinting of the Stay and Play brochure, the Parks and Recreation Commission decided to use the balance of the grant money to make Community Center improvements. However, the original grant request was to print 50,000 brochures (information would be outdated before using the supply). Joanne Hickey is submitting a request to the grant coordinator for approval of the improvements in lieu of the excess brochures. April 23 is the date for the Dunes City Spring Clean-up. There will be free Park and Recreation t-shirts to the first 10 volunteers. Robinson said that the Park and Recreation Commission decided to work with Lane County to improve the Westlake boat ramp park. Robinson said that she had talked to the Esrig's in South Cove regarding removal of a danger tree in the shoreland and will call to schedule an appointment for the Conservation Committee. SITE REVIEW COMMITTEE - Judy Martin None. POLICE COMMISSIONER/SVFR/WATER - John Scott Scott reviewed the Water Quality Report (See Exhibit E). To get the Woahink Weir functioning, Mayor Ward asked that an engineer look at the weir to decide what work needs to be done and an estimate forwarded to Joanne Hickey. Navetta commented that a permit is needed to use the stored water. COMMUNITY CENTER - Peter Howison None. GRANTS/FRANCHISES/LICENSES - Sheldon Meyer None. MAYOR - Rob Ward Mayor Ward reported that Elaine Beers would consider selling the property that is adjacent to City Hall. Darnielle said that there could be funds available from a Parks and Recreation grant. Ward said that the property should be appraised (at a cost of approximately $500), the City could make an offer on the property pending the ability to get funding, and then pursue the funding for the purchase. ACTION: B. Petersdorf made a motion to order an appraisal on the Beers property that is adjacent to City Hall. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. PLANNING - Jeannie Cerda Cerda reported that for the past month there were one minor partition, one conditional use permit review, and 12 building permits. The Fisher's had applied for a Building Permit on an illegally constructed barn. There is a violation on Hilltop Drive of an owner living in an RV. The abatement will start after 10 days. 10. Unfinished/Old Business A. Approval of Personnel Manual (includes job descriptions) Mayor Ward explained the salary schedule for the City Recorder, Planning Secretary, and Road Secretary. The schedule is a salary structure that would reflect the salary to be expected for that fiscal year providing the employee would qualify through the performance appraisal requirements. Hickey said that based on what others had told her, it was recommended that Christy's position be elevated to that of a full-time employee. Ward said that the personnel manual would provide for the fulltime employment based on the number of hours worked during a month. Hickey said that she would like to see Christy's salary equal the Planning Secretary schedule. ACTION: B. Petersdorf made a motion to replace the Road Secretary's Wage Scale so that it is equal with the Planning Secretary's Wage Scale. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. ACTION: S. Meyer made a motion to adopt the wage scale. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. Ward said that the discussion for the Personnel Manual will be scheduled for the April City Council Meeting. Hickey will provide copies of the manual to the Councilors. 11. New Business A. Website Proposals Webmaster Fred Hilden presented quotations for services as follows: ACTION: B. Petersdorf made a motion to approve Webmaster services for 2005 for $467.88 with the addition of $1 per page for posting the Master Road Plan on the webpage. D. Robinson seconded the motion. There were 6 ayes, 0 nays. Motion carried. 2) Quotation 05022802, Approve electronic masters of permit applications and forms. Budget Officer suggests doing work ASAP. ACTION: B. Petersdorf made a motion to approve the proposal to create electronic masters of permit applications and forms for $300. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. 3) Quotation 05022803, Photographs for Council Room. Budget Officer suggests three 24" x 36" (two behind dais, one at fireplace), six 16" x 20" (back wall). Total including frames: approx. $1376.00. Can be done either this FY or appropriate funds in next FY budget. Ward suggested that the expenditure go through the budget process. Councilor Martin suggested that the expenditure can go into the budget, and then later, if the Council does not wish to purchase the photos, they can vote against the expenditure. B. Contract for Professional Services between Dunes City and The Building Department - contract update. Councilor Petersdorf asked for clarification of the clause "CONTRACTOR, and its officers, employees, agents, and subcontractors, are agents of CITY in carrying out CONTRACTOR'S duties and responsibilities under the terms of this Contract, and that they are covered by CITY'S insurance…." Darnielle said that it would cover any member of The Building Department's staff that is doing business for Dunes City. Mayor Ward said that this might be a benefit of contracting for building inspections with the City of Florence. Councilor Robinson asked what percentage Dunes City receives from the permit revenue. Hickey said that the City receives 25% plus a $20 administrative fee. ACTION: B. Petersdorf made a motion to approve the Contract for Professional Services Between The City of Dunes City Oregon and The Building Department, LLC. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. C. Memorandum of Understanding - Woahink Lake Association request that a letter be sent by Dunes City to WRD. John Stead, member of the Water Quality Committee, gave a brief overview of the events that brought about the Memorandum of Understanding with the different State agencies. The Memo clarifies the answer to questions, so that in the future, the rules would be documented. The City has mailed back the draft (first cut) to Bob Rice, Water Resources Department, who in turn is having the document make the rounds to the other different agencies (ODF&W, DSL, Honeyman, etc) for their input. ACTION: P. Howison made a motion to accept the draft Memorandum of Understanding, as amended. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. 12. Unscheduled Items Not Listed on Agenda - None. 14. EXECUTIVE SESSION: None. 15. ADJOURNMENT: Ward adjourned the meeting at 10:40 PM. APPROVED BY: |