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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. 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the March 14, 2005 City Council Meeting. Judy Martin asked that the minutes be changed on page 8, item E: Change
Buildable Lands to Wetland. 4. BILLS OF THE SESSION The bills of the session for March 11 through April 14, 2005 were presented for Council approval. Councilor Scott asked about the item for Siuslaw News (brush cutting). Joanne Hickey said that it was for the notice required by the Brush Cutting Ordinance. Councilor Martin asked about the payment to Campbell Productions. Hickey said that she paid the entire bill now, instead of portioning it out for later. ACTION: J. Martin made a motion to approve and pay the schedule of bills for the period of March 11 through April 14, 2005 totaling $16,103.33. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from March 11 through April 14, 2005 totaled $20,881.99. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Dunes City Budget Committee Meeting, April 21st at 7 p.m. B. Committee Vacancy: Conservation Committee C. Quarterly volunteer hours due from committees D. Park and Recreation Spring Clean-up Cal Lewis announced the Parks and Recreation Spring Clean-up for April 23 from 10 am to 1 pm at City Hall, Petersdorf Park, and Byrd Park. Lewis said that the newly designed Dunes City Parks and Recreation T-shirt would be given away to the first 10 volunteers at the clean-up. Lewis presented Mayor Ward with a T-shirt. T-shirts will also be available for purchase. 7. Guest Speakers/Citizen Input on Unscheduled Items A. Par Shoaii-removed from agenda. B. Bob Sneddon, 83862 Erhart Road, Dunes City, OR. Mr. Sneddon, representing the Siuslaw Valley Fire and Rescue District, announced that there would be a Tsunami Preparedness Workshop being held by LCC on May 17, 2005, 8:30 am - 4:30 pm at the FEC. Sneddon said that he would encourage the Council and Staff to attend. It was decided that Ward, Scott, Riechel, Navetta, Hickey, Cerda, and Lewis would attend. C. Tim Meyer, 83215 Clear Lake Road, Dunes City, OR. T. Meyer said that in regards to the conditions from the Road Commission for the road being put in by Par Shoaii in the Siltcoos Lake Club Plat, he is opposed to a Temporary Right-of-Way permit being approved for the fence and retaining wall located in the road easement. As a landowner in that Plat he would like to have open access all the way to the lake as was intended when the Plat was set up. T. Meyer said that on Lot #800, there is a private dock in the City right-of-way that should either be removed or be accessible by the public, since it is on public land. Ward said that the City would give T. Meyer a written response within 30 days concerning the fence and dock. 8. Public Hearings A. Minor Partition Application - MP0305: Par Shoaii, Map # 19-12-27-14, Tax Lots 900 and 1300. Mayor Ward recused himself due to Ward's company representing Mr. Shoaii. Mayor Ward handed the gavel over to Council President Sheldon Meyer who assumed the Mayor's duties. Meyer read the procedural rules for a public hearing. Jeannie Cerda read the criteria for a minor partition. Meyer asked if there were any council member who wished to abstain due to a conflict of interest. There were none. Meyer asked if any council member had ex parte contact. Councilor Petersdorf said that he had met with Mr. Shoaii at the property and had talked to Shoaii on the telephone. Jeannie Cerda presented a summary of the staff report. See Exhibit A. Cerda clarified the 60' frontage requirement for the Council. Councilor Howison asked for more clarification about the driveway access that is 60' by 10' wide. Howison asked if they were going to give the easement but not deed the property over to the easement. Cerda said yes, that it has been the third or fourth time it has been done. There was a discussion about the private easement in the Siltcoos Lake Club Plat being available to all the landowners in the plat. Meyer opened the Public Hearing at 7:50 pm. John Balcom, Ward NW Surveying, P O Box 105, Florence, OR. Balcom said that there is a house on parcel three that does not meet the setback requirements, but access is from a different driveway. Scott asked if the road would be developed beyond the access on the private easement. Balcom said there would not be any need, but they would be accessing water through the easement. Meyer asked for proponents. There were none. Meyer asked for opponents. John Stead, South Cove, Dunes City. Stead asked if Shoaii was an owner of the Siltcoos Lake Club Plat. Stead said that it should say on the deed. Cerda said that as far as granting the Minor Partition, the Parcels meet the requirements without the access on the undeveloped easement. Howison said that he feels that the City should require that the 60 foot frontage be used to meet Fire Department requirements. Councilor Robinson said that it would be up to Siuslaw Valley Fire District to determine if the access meets their requirements. The Council went over the March 17, 2005, memo from Gary Darnielle in regards to the Shoaii Partition. See Exhibit B. Meyer asked if there were any rebuttal. There were none. Public Hearing was closed 8:02. ACTION: B. Petersdorf made a motion to approve the request of Par Shoaii for a minor partition (MP0305) for Map and Tax Lot # 19-12-27-14, 900 and 1300, 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 with the seven conditions of the Planning Commission. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward resumed his position on the Council. Ward asked that the Agenda be modified to address Item 10 D and 10 B. Council agreed. Please find the discussion under 10. Unfinished/Old Business, D. Gary and Lark Fisher and B. Reedal Fence…. B. Ordinance No. 176, an ordinance concerning nuisances; repealing and replacing Ordinance No. 108 and Chapter 91 of the Code of Dunes City. First Reading. Ward asked the Council for brevity due to the length of the agenda, saving any discussion or comments for the second reading at the May City Council Meeting, when the Public Hearings would be conducted. ACTION: J. Scott made a motion to have the first reading of Ordinance 176 by short title only. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 176 by short title. Martin asked if Judge Cindy Cable has reviewed the nuisance ordinance. Darnielle said that she had not gotten through all of it, but will talk about it at the next meeting. C. Ordinance No. 177, an ordinance concerning penalties; modifying Section 10.99 of Chapter 10 of Dunes City. First Reading. ACTION: P. Howison made a motion to have the first reading of Ordinance 177 by short title only. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 177 by short title. Darnielle said that Ordinance 177 will have a resolution with more specifics. D. Ordinance No. 178, an ordinance concerning the regulation of dogs and other animals within the corporate limits of Dunes City. First Reading. ACTION: J. Scott made a motion to have the first reading of Ordinance 178 by short title only. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 178 by short title. E. Ordinance 179, an ordinance adopting an amended Dunes City Fee Schedule for activities requiring permits, providing that future changes may be done by resolution, and repealing Ordinance 146. First Reading. The Council asked for some clarification of the fees. There was some confusion when a digit was inadvertently left off a couple of the fees. Jeannie will adjust the columns and put the Exhibit in "portrait" rather than "landscape" as requested by Councilor Petersdorf. Mayor Ward asked the Council to review the schedule and to only recapture the actual cost to Dunes City. ACTION: J. Martin made a motion to have the first reading of Ordinance 179 by short title only. D. Robinson seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mayor Ward read Ordinance 179 by short title. 9. Reports: CITY ATTORNEY - Gary Darnielle Darnielle has heard from Shawn Bedsole concerning paving in front of the Fish Mill property. The City engineer has not ordered the survey that is required to start the process. Petersdorf will press for the date of the survey. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - Robert Petersdorf Petersdorf asked that the Council review the Road Report that is available in their packet. PARKS & REC./TOURISM/CONSERVATION COMM. - Della Robinson Robinson reported that the Park and Recreation Commission have decided to adopt the Lane County Boat Ramp Park in Westlake. SITE REVIEW COMMITTEE - Judy Martin Martin reported that the City has received approval from DSL for the Wetland Inventory. The notification of the first reading of the ordinance will be sent out to the property owners next week. POLICE COMMISSIONER/SVFR/WATER - John Scott Scott reported that the Water Quality Committee is finalizing the Septic Maintenance Ordinance. The survey needs to be done for the Woahink Weir before the quit claim can take place and the easement be filed (which can include a hold harmless clause). Martin was concerned about the significant changes to the septic ordinance after the occurrence of the first reading of the ordinance. Ward asked that adequate notice be published in the paper and also have the current revisions posted to the website. COMMUNITY CENTER - Peter Howison None. GRANTS/FRANCHISES/LICENSES - Sheldon Meyer None. MAYOR - Rob Ward Ward reported that he and Petersdorf spent the day at the courthouse defending a court case along with the Orcutt's in relation to a right-of-way issue for Salal Street. PLANNING - Jeannie Cerda Cerda reported that during the month there were one minor partition, one abatement, and 12 permits, with two sent back for plot plan issues. Cerda has been working on the Buildable Lands Inventory identifying subdivisions, partitions and building permits that have occurred in the last seven years. There is no Planning Commission Meeting for May. 10. Unfinished/Old Business A. Approval of Personnel Manual 1. Modification of Manual - Darnielle said the modification include the tightening of the use of internet usage. Ward said that the intent is to let employees know that any activity on the City computers is a matter of public record, and the computers are to be used for business related activity. ACTION: J. Martin made a motion to amend the draft Personnel Manual to include a reference to internet usage on City computers. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. 2. Resolution 4-14-05 (A), a resolution adopting a personnel manual for Dunes City. ACTION: J. Martin made a motion to adopt Resolution 4-14-05 (A), a resolution adopting a personnel manual for Dunes City. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Reedal Fence - Helmuth request for a final decision. Gary Darnielle said the Council should make a formal decision regarding the fence. However, the Reedals were unable to attend tonight's meeting, but they could be available at May's City Council Meeting. Darnielle said that Mrs. Helmuth could present her statement tonight, but recommends that the Council allow the Reedals to be represented before a decision is made. Alice Helmuth, 83570 Woodland Lane, Dunes City, OR. Mrs. Helmuth read a statement into the record. See Exhibit D. Howison pushed for a decision to be made that night. Scott said that the intent of the Code was to not have a fence within 50' of the shoreline so as not to restrict access. Ward said that he is aware of a prior decision of a past City Council where a fence that was in the 50' setback of the Shoreland was required to be moved, and since there has been no change in the Code from that decision until now, why wouldn't the Council follow that precedent. Darnielle said that the Council is the ultimate interpreter of the Code and it is not bound by an earlier decision, but to should make the right decision. Ward said the Council needs to make sure that whatever decision is made, that the decision is upheld by the Code. Martin said that the definition of a "structure" refers you to "building." In other words, building and structure is synonymous, and a fence is not a building. Petersdorf read from the Code "…standing erect by itself…" Darnielle said the Code is not that clear. Darnielle said that the City had received a request for variance from the Reedal's, but the City has been waiting for the fee. The City has a certain obligation under ORS to respond to the Reedal's saying that the fee has not been received. Ward said that a letter needs to be sent to the Reedal's telling them that the application is incomplete due to the lack of an appropriate fee and that they are in violation of our code. The fee must be received prior to the next Council Meeting for the variance to be active or it will be a non-issue. There will be a hearing scheduled for the June City Council Meeting. Darnielle said that if the fee is received, it should be placed before the Planning Commission at their May meeting, in order to present their findings at the June City Council Meeting when the variance could be considered. If the variance is not supported, then the Council will consider the violation. Ward said to make sure that the date the fee is required for the variance is two days prior to the 21 day requirement. Darnielle said typically, an applicant would submit the application and the City would review the application for completeness. If the application is incomplete, a letter would be sent to the applicant telling them why it is incomplete, giving them 180 days to cure that issue. After the 180 days or before, they can refuse to cure it, then the application can be denied or approved, or if the fee is not received, then no further action will be taken. C. Ordinance Revision Type III Land Use Decisions, i.e. partitions, subdivisions, variances, etc. Final decision by the Planning Commission with appeal to the City Council. Currently, there are two public hearings-one at the Planning Commission Meeting and one at the City Council Meeting. The revision proposes to have the decision made at the public hearing at the Planning Commission Meeting for Type III Land Use . It is proposed that any Councilor can request that the City Council review a decision by the Planning Commission before the date that the decision becomes effective. There were some concerns by the Council that there might not be adequate notice of the decisions in order to call for the review. Petersdorf said that at the present time the Planning Commission does not report to the Council the proceedings at the Planning Meetings, and he would like to see Planning Commission Minutes in the Council Packets, similar to what the Road Commission is doing now. Howison said that the Planning Commission hasn't met reporting dates using the current rules, so he does not feel comfortable creating a more complicated system. Martin said that in reviewing actions by the Planning Commission, the Council would lose the opportunity for Jeannie to clarify conditions as she did tonight. The consensus of the Council (four to two) was to leave the process the way that it is. ACTION: B. Petersdorf made a motion to have Type III and IV Land Use decisions be reviewed by the Planning Commission, but also come before the City Council before final decision. The Type I and II decisions will remain at the Planning Commission level. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. D. Gary and Lark Fisher, Conditional Use Permit Revocation Mayor Ward said that the Planning Commission recommended to the Council that the permit be revoked, since it has been three years since the issuance of the permit and the conditions have not been met. Ward said that in retrospect, the City should have sent a letter to the Fisher's a year ago alerting them that all of the conditions had not yet been fulfilled and that the permit would expire on a certain date, allowing them to respond with reasons to extend the permit. Tom Nicholson, Attorney for the Fisher's. Nicholson said he was shocked to receive the letter. The Fisher's believed that things were progressing. The letter by Dunes City said that the permit had not been exercised in two years. Nicholson said that the permit was issued in May 2002, and there were horses on the property July 2003, indicating that the permit was utilized. Ward said that having horses on the property was not a condition of the permit. Ward asked if the compliance issues of the permit had been completed. Nicholson said that as of now, they have been completed. Nicholson submitted the latest survey report from Wolford. Nicholson gave some history of the permit and the vagueness of the survey requirement. Nicholson stated that there was an informal work session on December 2003. On August 12, 2004, a resolution was approved by the Council specifying the requirements for the survey and the fence, which is the time Nicholson believes that the "clock should have started ticking" on the permit. Gary Fisher has had health problems that delayed moving the fences; therefore, Fisher had to hire someone to move the fence. Darnielle said that the permit applicant could have come into the City the day after the permit was approved and asked for clarification if a condition was vague. Nicholson acknowledged that both the City and the Fisher's could have met the process in a more timely fashion. Nicholson said that the issues with the barn and driveway permits have been resolved. Jeannie Cerda reviewed the new data and said that all the conditions have now been met. Ward asked that a procedure be implemented by the Planning Secretary to track permit expiration with a notification being sent out prior to the expiration date of the permits. ACTION: J. Martin made a motion that the Council recognize that the Fisher's have complied with the conditions of the Conditional Use Permit. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. 11. New Business A. Resolution 04-14-05, a resolution transferring funds from the General Fund to the Grants Fund - $2000 ACTION: J. Martin made a motion to adopt Resolution 04-14-05, a resolution transferring funds from the General Fund to the Grants Fund -$2000. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Resolution 04-14-05 (B), a resolution certifying Dunes City provides four municipal services enumerated in Section 1, ORS 221.76.0. ACTION: J. Martin made a motion to adopt Resolution 04-14-05 (B), a resolution certifying Dunes City provides four municipal service enumerated in Section 1, ORS 221.76.0. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. C. Resolution 5-12-05, a resolution for adopting a formula for determining a monetary penalty under Section 10.99 of the Dunes City Code FOR REVIEW ONLY D. Membership to the Florence Area Chamber of Commerce - $180 annual membership fee. ACTION: B. Petersdorf made a motion to decline the membership to the Florence Area Chamber of Commerce. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. E. Sassi Sinclair - Abatement for residing in RV and Garage Cerda explained that two years ago, the Sinclair house burned down. In the past six months, there have been people living in the RV and garage, sewage running into the creek, loud music at all hours, and many people coming and going on the property. There have been numerous letters sent to correct the problems. The Planning Commission recommended that the abatement procedure begin. Cerda says that there has been no response to the abatement letters and postings. Scott said that the foundation is exposed causing a safety issue as well as being an "attractive nuisance." Darnielle said that what needs to be done is to assess a penalty. A letter is to be sent saying that there have been two public meetings discussing the problem, and as of this date, a fine of $500 and $500 per day for every day the property does not come into compliance with the Code is being assessed. After 61 days, a lien will be placed on the property. Ward asked Cerda if a last deed of record had been requested. Cerda said yes. Darnielle said the fine would start tomorrow. Hickey asked what to do after 60 days. Ward said that another action would be implemented by the Council. ACTION: S. Meyer made a motion to issue a fine to Sassi Sinclair of $500 and $500 per day until the practice of living on the premises at the property on Hilltop Drive is curtailed. The fine shall commence April 15, 2005, and a lien shall be placed on the property on the 61st day. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. F. Possible purchase of the Elaine Beers property There was no decision to be made after the executive session. 12. Unscheduled Items Not Listed on Agenda - None. 13. ADJOURNMENT: Ward adjourned the meeting at 10:00 PM. APPROVED BY:
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