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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 May 12, 2005 City Council Meeting. ACTION: J. Scott made a motion to approve the minutes for the May 12, 2005 City Council Meeting with correction on page three. D. Robinson seconded the motion. There were 6 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION 5. RECEIPTS OF THE SESSION 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Thank you to Art Exhibitors Win and Carol Jolley - through the end of June. B. Committee Vacancy: Conservation Committee C. Siuslaw Valley Fire and Rescue is in need of volunteers for the Clear Lake and Canary Stations. D. Other: Ward asked that the Wetland Maps be linked to the City's webpage. The August newsletter will mention the nuisance ordinance to act as a notice for citizens that enforcement is in effect. Ward announced that the City Council has interviewed for the Planning Secretary position and will offer the job to Cathy Drozdenko. ACTION: J. Scott made a motion to offer the Planning Secretary position to Cathy Drozdenko. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. 7. Guest Speakers/Citizen Input on Unscheduled Items - None. 8. Public Hearings A. FISCAL YEAR 2005-2006 BUDGET: presentation of proposed 2005-2006 fiscal year budget by Bud Maxwell, Budget Committee Chairman. Resolution 06-09-05, a resolution adopting the 2005/2006 fiscal year budget and making appropriations. Mayor Ward opened the Public Hearing at 7:24 PM. There were no declared conflicts of interest. Chairman Maxwell declared the 2005-2006 Fiscal Year Budget as complete and presented it for approval to the Council. There were no comments from the public. Public hearing closed at 7:38 PM. ACTION: B. Petersdorf made a motion to adopt Resolution 06-09-05 adopting the 2005-2006 proposed Budget as presented and making the related appropriations. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Reedal Fence Issue City Attorney Gary Darnielle conducted an administrative hearing between Richard Reedal (son of George and Rosemary Reedal, property owners) and Holly Martin (daughter of Alice Helmuth, complainant). Darnielle asked the Councilors to declare impartiality. All Councilors and the Mayor declared impartiality. Darnielle asked if the public would like to challenge any member of the Council. There were none. Darnielle gave opening arguments describing the events in which the existing Reedal fence was replaced with a 6-foot chain-link fence extending into the 50 foot shoreline setback and exceeding the 3 ½ foot height limit in the front of the property. There was a lengthy process between G. Darnielle, R. Reedal and H. Martin allowing statements and cross-examinations. The Council then discussed the issue identifying the previous fence as existing before the Comprehensive Plan and Code of Ordinances. J. Martin identified 156.124 (p. 121) in the Dunes City Code that permits a replacement of the fence in the riparian area. The Comprehensive Plan provides for exceptions in the zoning ordinance. An example of an issue in South Shore when a fence ordered to be removed from the shoreland by the City was given, but it was a new fence, not a replacement fence. There was a discussion as to whether a shorter cedar fence was a replacement for a taller chain link fence. Ward asked each Councilor's opinion concerning the fence in the shoreland/riparian area. Petersdorf said the fence should be replaced with like height. Robinson thought the code was addressing the footprint of the fence allowing the height to be as required by the code. J. Martin said that in this situation, the riparian area and the shoreland set back are the same. Howison thought that the Comprehensive Plan provided for the protection of the shoreland's natural aesthetics and wildlife by not allowing fences (existing or otherwise) in the shoreland setback. Scott agreed with Howison. Meyer said that the fence has been moved and replaced with a different structure that should not be within the 50 foot setback of the shoreland. Ward said that he and Petersdorf were on the Council when the Comprehensive Plan was adopted. The intent of the Plan was to protect all citizens, recognizing pre-existing conditions. Ward said that the Comprehensive Plan clearly allows for the replacement of a structure as long as there was no increase to the impact of the footprint of the fence. Petersdorf commented that within the Code of Ordinances, it is written that a grandfathered structure is not to be replaced with a like structure if replacement is needed, but must be brought up to the current code. J. Martin commented that she did not feel that a fence is a structure, since setbacks must be applied to a structure and a fence is meant to go along a property line. H. Martin challenged Councilor Martin as having a possible prejudice due to her former LUBA appeal with the City and that Councilor Martin should voluntarily recuse herself. Mayor Ward personally disagreed with H. Martin, saying that he has never heard anything from J. Martin that would indicate bias. J. Martin said that she could render an impartial decision. R. Reedal challenged B. Petersdorf to recuse himself based on an earlier remark about non-conforming use of structures that has no bearing on fact. Petersdorf did not recuse himself. ACTION: R. Ward made a motion asking if section 156.124(d)(4) of the Dunes City Code would allow the replacement of an existing structure in a shoreline district. J. Martin seconded the motion. There were 4 ayes (Martin, Robinson, Petersdorf, Ward), 3 nays (Meyer, Scott, Howison). Motion carried. Darnielle and Ward said that the decision now is: Does the chain-link fence replace the pre-existing structure, is it in the same location, and does it impact additional riparian area? Mayor Ward said that there is no testimony to answer the question. Darnielle suggested preparing stipulated facts between Helmuth and Reedal. Darnielle suggested a special meeting, to which Ward agreed. Ward said that there is a variance that is pending. Darnielle suggested a hearing in August. Ward asked the Council if they would prefer to have the variance process take place before having a public hearing to decide the remainder of the fence issue. All Councilors agreed to have the variance take place, which would be at the August City Council Meeting. C. Ordinance No. 175, an ordinance amending the Dunes City Comprehensive Plan Wetland (Appendix G) and Riparian (Appendix H) Inventories. Second Reading and Adoption. Ward asked if the Council had any conflicts of interest. There were none. Ward opened the Public Hearing at 9:35. There was no one who wished to address the Council. The Public Hearing was closed at 9:36. ACTION: J. Martin made a motion to have the second reading of Ordinance 175, an ordinance amending the Dunes City Comprehensive Plan Wetland (Appendix G) and Riparian (Appendix H) Inventory by short title. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. Ward read Ordinance 175 by short title. ACTION: J. Martin made a motion to adopt Ordinance 175, an ordinance amending the Dunes City Comprehensive Plan Wetland (Appendix G) and Riparian (Appendix H) Inventory by short title. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Roll call vote: 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 and Adoption. Ward asked if the Council had any conflicts of interest. There were none. Ward opened the Public Hearing at 9:39. There was no one who wished to address the Council. The Public Hearing was closed at 9:40. Ward asked for a correction on page 17, item E: change "City Manager" to "City Council." Darnielle said that the "hearings official" be omitted. Petersdorf would like to see Section 192.35 taken out of the ordinance since a law enforcement item should not be in an ordinance enforcing a dog ordinance. Howison agreed with Petersdorf. The consensus of the Council was to leave it in. Petersdorf asked if the ordinance controls wild animals. Ward said it covers domestic animals only. Petersdorf wanted to know what the definition of a stray animal is. Darnielle said it is an animal at large, which is off the leash and off the owner's property. There was a discussion as to whether Dunes City would have a leash law modeled after Eugene or Lane County. The consensus of the Council was to have the leash law (no control by voice command). Petersdorf asked if Animal Control would make sweeps or be present because of a complaint. Darnielle said Animal Control would act on complaint. Ward said that licensing could be obtained at local veterinarians. ACTION: J. Martin made a motion to have the second reading of Ordinance 178, an ordinance concerning the regulation of dogs and other animals within the corporate limits of Dunes City by short title. S. Meyer seconded the motion. There were 5 ayes, 1 nay (Petersdorf dissenting). Motion carried. Mayor Ward read Ordinance 178 by short title. ACTION: J. Scott made a motion to adopt Ordinance 178, an ordinance concerning the regulation of dogs and other animals within the corporate limits of Dunes City with corrections. J. Martin seconded the motion. There were 5 ayes (Meyer, Scott, Howison, Martin, Robinson), 1 nay (Petersdorf). Motion carried. 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, and declaring an emergency. Second Reading and Adoption. There was a question about the Solar Access fee. Howison suggested a reduced price. Ward said the fee needs to take in account any public hearing and administrative costs. It was decided to reduce Phase I to $225 and keep Phase II at $600. Howison asked how much money the City would lose if the Ordinance is not passed as an emergency. Darnielle said that in the short term, the City is hiring a professional planner and there are upcoming PUD, subdivision, and variance applications being submitted. Ward said that the subdivision fee is reduced and the PUD is increased making it a wash. He further stated that adoption by emergency implements the fees tonight instead of it taking 30 days to go into effect. Ward opened the Public Hearing at 10:12 pm. Ward asked if there was anyone in the audience who would like to address the Council. John Stead, South Cove Way, Dunes City, OR. Stead said that there is a negative connotation about passing increased fees by emergency. The Public Hearing was closed at 10:15 pm. Ward recused himself due to a conflict of interest. Howison removed himself from the Council for the vote. Meyer assumed leadership of the Council. ACTION: J. Martin made a motion to have the second reading and adopt 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, and declaring an emergency with changes. B. Petersdorf seconded the motion. There were 5 ayes (Meyer, Scott, Martin, Robinson, Petersdorf), 0 nays, 1 abstained (Howison). Motion carried. There was a recess at 10:15. Meeting resumed at 10:24. 9. Reports: CITY ATTORNEY - Gary Darnielle Darnielle said that per the City Charter, a public notice for the second reading of an ordinance is not needed if it is at a regularly scheduled meeting (indicate the date of the second reading when noticing the first reading of an ordinance). Concerning using Judge Cindy Cable for enforcement of the nuisance ordinance, the Judge and her staff would conduct court at Dunes City Hall (per City Charter). The court would collect all the fees that were taken in. An intergovernmental agreement will be prepared in the next couple of months. Councilor Martin wanted to know if the City should proceed prior to the intergovernmental agreement. Darnielle said the City could follow the same procedure as tonight and issue a fine. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - Robert Petersdorf Road Commission Report - See Exhibit A. PARKS & REC./TOURISM/CONSERVATION COMM. - Della Robinson Robinson said that the Conservation Committee reviewed two danger trees that were approved for removal. SITE REVIEW COMMITTEE - Judy Martin Martin said that there have been complaints against the Watts and a letter would be sent to the Watts announcing a Site Review. POLICE COMMISSIONER/SVFR/WATER - John Scott Scott reported on an algae bloom that occurred on Woahink Lake appears to be benign due to temperature changes and is naturally occurring. There were two dog complaints. The formation of a newsletter committee would be a good idea and a quarterly could be mailed out. It would incorporate noteworthy City news submitted by committee heads and incorporate water testing results, etc. The Committee is reviewing the Septic Ordinance. Ward suggested going back to the original draft. J. Martin liked the idea of not needing an inspection if property owners pump their tanks regularly. COMMUNITY CENTER - Peter Howison Howison gave the bid amount to update the sound system. ACTION: B. Petersdorf made a motion to accept the quote from Smeed Sound after obtaining a second quote if needed. Howison seconded the motion. There were 5 ayes, 0 nays. (Robinson stepped away for a phone call.) Motion carried. GRANTS/FRANCHISES/LICENSES - Sheldon Meyer None. MAYOR - Rob Ward Ward said he has been approached by the City of Florence to contract with them for building services. The Building Department has the current contract. Ward asked the Council if they would be in favor of investigating an intergovernmental agreement with the City of Florence. The consensus of the Council was to look into the possibility, but there would need to be a meeting with the City of Florence to have them answer questions that the Council would have. Petersdorf said he was watching the Florence meetings on cable TV and was shocked that Florence was discussing this topic when it had not been discussed at the Dunes City Council level. Petersdorf started calling the Contractors that work in Dunes City and got good feedback concerning The Building Department. Charlcie Kaylor, The Building Department addressed the Council outlining the benefits of using her company for inspection services and planning office support. See Exhibit B. Ward said that the City would more than likely issue a Request for Proposal for building services. Kaylor referenced ORS 455.210 in regards to fees collected for inspection services. PLANNING -- Planning Report - None. 10. Unfinished/Old Business - None. 11. New Business A. Beckman sign request for two locations in Westlake. The Planning Commission recommended that the sign in the residential area be reduced in size and that a copy of the deed be presented prior to issuance of the sign permit. ACTION: B. Petersdorf made a motion to approve the two sign request from the Beckman's as recommended by the Planning Commission. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Resolution 5-12-05, a resolution for accepting and adopting an update to the Dunes City Buildable Lands Inventory. Kay Bork of LCOG presented the Buildable Lands Inventory to the City Council. Ward read from the Inventory that recognized that Dunes City would need 91 more available spaces for homes than are currently available. The 50-foot zone around the lake was not excluded. If a lot was entirely in a riparian zone, the lot was excluded. Small lots were included as buildable. Ward said that by adopting the Buildable Lands Inventory, Dunes City would remove one of the hurdles required to expand the Urban Growth Boundary to annex Erhart Acres. The City is required to have a 20-year supply of buildable land. Ward said that land zoned F1 could be rezoned to be included in the Urban Growth Boundary. ACTION: J. Martin made a motion to adopt Resolution 06-09-05(A), a resolution for accepting and adopting an update to the Dunes City Buildable Lands Inventory. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. 12. Unscheduled Items Not Listed on Agenda - None. 13. ADJOURNMENT: Ward adjourned the meeting at 8:53 PM. APPROVED BY:
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