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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES - Minutes of the April 14, 2005 City Council Meeting. 4. BILLS OF THE SESSION 5. RECEIPTS OF THE SESSION 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Thank you to Carl Niederer for Art Exhibit at City Hall - March and April. New Art Exhibit: Win and Carol Jolley - May and June B. Committee Vacancy: Conservation Committee C. Reminder: Tsunami Workshop, May 17th, 8:30 - 4:30, FEC (City Hall will be closed that day, but will be open Friday, May 20th, 10 am to 2 pm) D. Mayor Ward announced that the Planning Secretary position is vacant and City Hall will be accepting applications. E. Councilor Petersdorf thanked Linda Lauck for donating the plants to City Hall. 7. Guest Speakers/Citizen Input on Unscheduled Items - None. 8. Public Hearings A. Ordinance No. 175, an ordinance amending the Dunes City Comprehensive Plan Wetland (Appendix G) and Riparian (Appendix H) Inventories. First Reading. ACTION: J. Martin made a motion to have the first reading of Ordinance 175 by short title only. J. Scott seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. Mayor Ward read Ordinance 175 by short title. Ward asked if there were any Councilors who wished to make declarations. Petersdorf said that he had received calls from citizens and had made comments. Ward said he also had answered questions to citizens. Ward asked that a PDF copy of the Ordinance be obtained from LCOG and be present on the Dunes City Website. Ward opened the Pubic Hearing at 7:18 p.m. Jerry Walls, 83414 Osprey Way, Dunes City. Walls said that prior to April, he had not heard of the inventory. Walls wanted to know why it is happening and would it affect the way he uses his property. Walls would like to be able to see the changes. Councilor Martin said that three letters had been sent out and that the third letter was worded to get landowner's attention. Ward explained that the wetland/riparian inventory is a planning tool that would review prior delineations. Attorney Darnielle said that the maps are used to alert to any possible wetlands and that the Ordinance can be amended to state that previous DSL approved delineations would prevail for five years. John Carlson, 83400 Osprey Way, Dunes City. Carlson said that he would like to see an overlay of the current delineation over the new delineation. Martin said that City Hall does have old maps that Carlson could use to identify changes. Mayor Ward closed the public hearing at 7:30 p.m. and opened the topic for Council deliberations. It was decided that the map would be linked to the City's web page and that some extra verbiage would be included in the ordinance by Darnielle. 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. Mayor Ward asked the Council for any declarations. There were none. Ward opened the public hearing at 7:34 p.m. Ward asked if there was anyone from the audience that would like to speak for or against the ordinance. There were none. Ward closed the public hearing at 7:35 p.m. Councilor Martin asked if the City has to wait for a citizen to complain to take action. Darnielle said that no, for example, the Building Inspector could identify nuisances. Ward suggested sending out a letter to the citizens notifying them of storage rules to give those who are not in compliance a fair warning. Joanne Hickey suggested an article in the newsletter. ACTION: D. Robinson made a motion to have the second reading of Ordinance 176 by short title only. J. Martin seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. Mayor Ward read Ordinance 176 by short title. ACTION: J. Martin made a motion to adopt Ordinance 176, an ordinance concerning nuisances; repealing and replacing Ordinance No. 108 and Chapter 91 of the Code of Dunes City. J. Martin seconded the motion. There were 4 ayes, 0 nays, 2 excused. Roll call vote was unanimous. Motion carried. C. Ordinance No. 177, an ordinance concerning penalties; modifying Section 10.99 of Chapter 10 of Dunes City. Second Reading. Darnielle said that currently there is no guideline or objective standard for issuing a fine and the ordinance has objective categories that will give legal confidence when accessing a fine. Mayor Ward read Ordinance 177, and then opened the public hearing at 7:46 p.m. Bill Scalf, 05465 Woahink Drive, Dunes City. Scalf asked if there was no objective fine at this time. Darnielle said that the City can fine up to $500 per day, but the criteria in Ordinance 177 will assess a fine fairly. Ward closed the public hearing at 7:50 p.m. ACTION: J. Scott made a motion to have the second reading of Ordinance 177 by short title only. J. Martin seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. Mayor Ward read Ordinance 177 by short title. ACTION: J. Martin made a motion to adopt Ordinance 177, an ordinance concerning penalties; modifying Section 10.99 of Chapter 10 of Dunes City. J. Scott seconded the motion. There were 4 ayes, 0 nays, 2 excused. Roll call vote was unanimous. Motion carried. D. Ordinance No. 178, an ordinance concerning the regulation of dogs and other animals within the corporate limits of Dunes City. Second Reading. Mayor Ward asked the Council if they wish to declare any conflicts of interest. There were none. Ward opened the public hearing at 7:53 p.m. Renee McGuire, 83594 Clear Lake Road, Dunes City. McGuire said that the fee schedule is too high. They have 30 acres that are not fenced and have an older dog that wanders the acreage and likes to lie on Clear Lake Road. McGuire said that she could not fence the entire acreage and would incur heavy fines for her dog. Darnielle responded that fees have gone up substantially in Lane County. He added that the intent of the Ordinance is for the protection of not only the people, but of the animals. Ward closed the public hearing at 7:57 p.m. Martin identified a discrepancy between the Animal Control Ordinance and the Zoning Ordinance. Ward asked that the licensing, which is through Lane County, be made clearer in the Ordinance. Petersdorf questioned a section in the ordinance that specified that police dogs were able to enter onto a property. Ward suggested holding the adoption of the Ordinance until the June City Council Meeting when modifications could be made. 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. Second Reading. Ward said that some of the fees appear excessive such as the subdivision fees. Darnielle suggested assigning the schedule to the Planning Commission who could check various cities' fee schedules. Martin said that publication costs could be looked at since the ORS says that a public hearing doesn't have to be publicized if the Charter doesn't dictate that it has to happen. Ward asked that the Planning Commission come back with a recommendation. Ward said that since he has development work in the City, he will declare a conflict of interest when the topic comes up. ACTION: B. Petersdorf made a motion to continue the second readings for Ordinance 178 and Ordinance 179 at the June 9, 2005 City Council Meeting. J. Martin seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. Mayor Ward asked that the agenda be modified so that New Business Item A could be heard prior to the Reports. Council agreed. Please see item at the order of the agenda. 9. Reports: CITY ATTORNEY - Gary Darnielle ROAD COMMISSION/MASTER ROAD
PLAN/LCOG - Robert Petersdorf PARKS & REC./TOURISM/CONSERVATION COMM. - Della Robinson SITE REVIEW COMMITTEE - Judy Martin POLICE
COMMISSIONER/SVFR/WATER - John Scott COMMUNITY CENTER - Peter Howison GRANTS/FRANCHISES/LICENSES - Sheldon Meyer MAYOR - Rob Ward PLANNING -- Planning Report - See Exhibit C. 10. Unfinished/Old Business - None. 11. New Business A. William and Lauren Scalf, 5465 Woahink Drive, Florence, OR 97439: Protesting abatement action for vegetation removal in the City right-of-way. Mr. Scalf said that in January of 2004, he had visited City Hall asking about developing the property on Woahink Drive. At that time, the Planning Secretary indicated that he did not need any permits to clear the property and did not need a driveway permit. After talking to Ward and Petersdorf about the abatement action, Scalf has put hay down to control the erosion and has also replanted Huckleberry and Salal. Petersdorf explained the actions of the Road Commission. Petersdorf said there was a non-conforming driveway at the Scalf property prior to the clearing. ACTION: B. Petersdorf made a motion that the Scalf's apply for a Driveway Permit (double fees), install a culvert and apron, and revegetate the City right-of-way by August 31, 2005, in lieu of a fine. J. Scott seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. B. Resolution 5-12-05, a resolution for adopting a formula for determining a monetary penalty under Section 10.99 of the Dunes City Code. Darnielle explained that the resolution was the second part of Ordinance 177. The formula was daunting to a couple of the Councilors, so Darnielle will put together some of examples to help instruct the implementation of the formula. ACTION: B. Petersdorf made a motion to adopt Resolution 05-12-05, a resolution for adopting a formula for determining a monetary penalty under Section 10.99 of the Dunes City Code. J. Scott seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. C. Resolution 05-12-05(A), a resolution extending Dune City's Workers' Compensation coverage to volunteers of Dunes City. ACTION: J. Scott made a motion to adopt Resolution 05-12-05(A), a resolution extending Dune City's Workers' Compensation coverage to volunteers of Dunes City. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. D. Resolution 05-12-05(B), a resolution transferring funds from the General Fund to the Grants Fund - $1500. ACTION: J. Martin made a motion to adopt Resolution 05-12-05(B), a resolution transferring funds from the General Fund to the Grants Fund - $1500. D. Robinson seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. 12. Unscheduled Items Not Listed on Agenda A. Planning Secretary Vacancy - Ward said that LCOG will contract with the City to provide planning assistance during the period needed to fill the vacant position and to help with the training of the selected individual. ACTION: B. Petersdorf made a motion to authorize a contract with LCOG not to exceed $3000 for Planning Assistance. J. Scott seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried. B. Sinclair Abatement: The Sinclair's continue to live at the Hill Top property. Hickey reported that the State Police did not respond to a phone complaint she had made. Ward directed that Hickey write a letter to the State Police asking that some action be taken. 13. ADJOURNMENT: Ward adjourned the meeting at 8:53 PM. APPROVED BY:
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