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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the June 9, 2005 City Council Meeting. 4. BILLS OF THE SESSION 5. RECEIPTS OF THE SESSION 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Presentation to Volunteer Linda Lauck. Mayor Ward thanked Linda Lauck for her many hours of service organizing the files in the absence of the Planning Secretary. The Mayor presented Lauck with a $200 gift certificate on behalf of Dunes City. B. Committee Vacancies: Site Review and Conservation Committees and Planning Commission. Mayor Ward read the resignation of Planning Commissioner Bud Maxwell. C. Siuslaw Valley Fire and Rescue is in need of volunteers for the Clear Lake and Canary Stations. 7. Guest Speakers/Citizen Input on Unscheduled Items Norman Martin, 83750 Rio Rd, Dunes City, OR. Mr. Martin inquired about the status of the Land Use Regulation Ordinance. Ward said that he would get together with Riechel and put together a schedule. 8. Public Hearings A. Minor Partition Application - MP0405: Laurel Crossing, Andy Johnson and Jack Butler, Map 19-12-23-10, Tax Lot 900. Mayor Ward read the statement per ORS regarding the rights of appeal. Ward asked the Council if there were any ex parte contact or conflicts of interest. Petersdorf declared that Johnson came before the Road Commission, which appears in the Road Commission Minutes. Scott said that he had a potential conflict of interest due to his employment, although he has no direct involvement. Meyer said that he knows Johnson personally, but could be impartial. Petersdorf and Scott said they were familiar with the property. City Attorney Darnielle summarized the new format of the Staff Report and the Findings of Fact. See Exhibits A and B. Darnielle summarized the six conditions. Riechel explained that the conditions are a result of what the City Code require and did not recommend disapproval due to the inclusion of conditions for the dedications and the removal of the panhandle. Mayor Ward opened the Public Hearing at 7:35 PM. Andy Johnson, 5696 Mercer Creek, Florence, OR and Jack Butler, 0668 Mercer View, Florence, OR. Johnson explained their original plan and said they would like the "t" eliminated. Johnson corrected page 3 of the Findings of Fact saying the minimum average width is 330 feet and a corrected map was made available to the City that eliminated the incorrect shaded areas. Johnson's original plan had the front two lots accessing directly off Cloud Nine Road, which Riechel had indicated that there were too many lots being accessed from an easement. Petersdorf explained that Cloud Nine Road is a substandard street of only 15 feet width of paved surface and the City has the right to deny direct access. David Davis, 1625 12th Street, Florence, OR. Davis said he is in favor of the partition as proposed and explained he is principal owner of the lots on either side of the Johnson partition. Davis would not like a street crossing through the property as proposed by the Planning Commission and the Road Commission, since it is too far to the top and would not benefit the properties. Riechel explained that it was easier to construct a road over an existing culvert; however, the street could be directed away from the logging road during future partitions. There was discussion of using non-remonstrative agreements for the new property owners of the partitioned lots to establish a majority when developing a Local Improvement District (LID) for upgrading Cloud Nine Road. Darnielle said that now is the time to use the non-remonstrance agreements. Johnson was concerned that he was being set up for a future denial. Ward closed the Public Hearing at 8:07 pm. The Council discussed the non-remonstrance agreement. The consensus of the Council was to keep the 50' dedicated easement between parcels 1 and 2, but to eliminate the top portion of the "t". Riechel voiced concern about the 60 feet frontage requirement. Ward said Johnson could stub out 5 feet to meet the frontage requirement. There was a discussion about if the non-remonstrance agreement would include all the properties or just the two properties fronting Cloud Nine Road. Darnielle said that he would have to check the City Ordinances in regards to the Local Improvement District. ACTION: R. Ward made a motion to require a non-remonstrance agreement for parcels 1 and 2. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. ACTION: R. Ward made a motion to require a 50' dedication to the City between Parcels 1 and 2, continuing to the eastern extremity extending 5 feet to meet the 60' frontage requirement. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. ACTION: S. Meyer made a motion to approve Minor Partition MP0405, Laurel Crossing, Map 19-12-23-10, Tax Lot 900, 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 six conditions of the Planning Commission. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. 9. Reports: CITY ATTORNEY - Gary Darnielle Darnielle reported that a lien was filed against Sassi Sinclair for $49,500 last month. The County Administrator is in favor of entering in to an Intergovernmental Agreement for the services of the Justice Court. Darnielle said that a portion of the fines for animal issues would be directed back to the City to pay Lane Animal Control, but all other fines would be kept by the Justice Court to pay for their services. Darnielle said that the Planning Commission would be hearing the Reedal Fence Variance in July. Darnielle will get a specific hearing date from the City Council for August. It is Darnielle's hopes that the variance and the infraction concerning the fence could be handled at the same special date. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - Robert Petersdorf Road Commission Report - See Exhibit A. There was a discussion concerning a property owned by Michael Jones in the Buckskin Bob Plat. Jones would like to build a garage; however, the City street encroaches onto Jones' property. Ward said that as long as Jones is 25 feet away from the right-of-way, the garage would be in compliance regardless of where the road is. Darnielle suggested a voluntary easement from the property owners along Buckskin Bob. Petersdorf reported on the extension of Little Woahink Drive by Darren Kronberger. Rob Ward, agent for Kronberger, removed himself from the Council. Petersdorf explained the concept outlining the conditions of the Road Commission, which included: 1. During the construction of the street, the City shall receive an inspection progress report at each stage of the road project by the property owner's project engineer. 2. The property owner shall have all trees removed to the full 50 foot City right-of-way limit. 3. The property owner shall provide streetlights at proposed intersections before final approval of PUD. 4. There shall be a gravel turn-around at the end of the paved road that is approved by Siuslaw Valley Fire and Rescue. Howison objected to the removal of the trees saying that it would leave remaining trees vulnerable to the wind. Riechel said that approximately 90% of the trees were less than 8" in diameter. Petersdorf stated the road engineering plans provide for better than City standards with a 10" gravel base and a 4" asphalt layer. ACTION: B. Petersdorf made a motion to authorize the construction of the street into Little Woahink Drive with the four conditions as recommended by the Road Commission. J. Scott seconded the motion. There were 4 ayes, 1 nay, 1 excused (Howison dissenting). Motion carried. Petersdorf proposed that resurfacing on certain streets be brought up for bid. After receiving the bid, the Road Commission would determine which roads to resurface based on the cost. ACTION: B. Petersdorf made a motion to authorize the Road Commission to go out for bids to resurface nine City streets. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. PARKS & REC./TOURISM/CONSERVATION COMM. - Della Robinson Absent/excused. SITE REVIEW COMMITTEE - Judy Martin Martin reported on the Watts abatement. Martin said that when the letter goes out, the Watts would have 10 days to respond, after which the fine of $500 per day would begin. Martin said the accumulation of junk has the potential to contaminate groundwater and is dangerous to animals and children. Martin reported that the screen itself is an eyesore. Martin asked what the Council would like to do. Darnielle said that a dual penalty could be assessed for the eyesore and the solid waste. Darnielle explained that if the Watts protest, the abatement would stop until the next City Council meeting. If a determination were made that they are still in violation, the fine would be retroactive to the end of the 10-day response time. ACTION: B. Petersdorf made a motion to approve that the abatement letter be signed by the City Recorder and sent to the Watts. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. Martin said there has been a complaint received regarding the accumulation of motor vehicles at the Carroll property on Canary Road. There was another complaint regarding a fence on Woodland Lane. The Site Review Committee will investigate both complaints. POLICE COMMISSIONER/SVFR/WATER - John Scott Scott gave a report of the Water Quality Committee (See Exhibit B). ACTION: J. Scott made a motion to authorize the Mayor to sign the letter to Bob Rice, Water Resources Department, relating to the application to use stored water on Woahink Lake. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. COMMUNITY CENTER - Peter Howison Howison reported that a lower bidder was found to update the sound system. GRANTS/FRANCHISES/LICENSES - Sheldon Meyer None. MAYOR - Rob Ward Ward said that he is a member of a safety taskforce aimed at finding a solution to the lack of law enforcement in Lane County. Ward invited anyone who is interested to attend the next taskforce meeting on July 28th. PLANNING -- Planning Report - None. 10. Unfinished/Old Business - None. 11. New Business A. Resolution 07-14-05, a resolution to adopt the National Incident Management System and the Disaster Response Plan as developed by Siuslaw Valley Fire and Rescue. ACTION: B. Petersdorf made a motion to adopt Resolution 07-14-05, a resolution to adopt the National Incident Management System and the Disaster Response Plan as developed by Siuslaw Valley Fire and Rescue. S. Meyer seconded the motion. There were 5 ayes, 0 nays 1 excused. Motion carried. 12. Unscheduled Items Not Listed on Agenda Petersdorf announced that the FCC ruled against the City's right to regulate Cable TV. 13. Executive Session: Per ORS 192.660(2)(3), Real Estate Transactions. 14. ADJOURNMENT: Ward adjourned the meeting at 9:40 PM to move into Executive Session. Executive Session was adjourned at 10:00 PM with no need to reconvene into the regular session. APPROVED BY:
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