|
DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL ALSO PRESENT: J. Hickey, City Recorder; G. Darnielle, City Attorney; C. Lewis, Recording Secretary; Teri Tinker, Planning Secretary; Hilary Dearborn, LCOG Planner; Lee Riechel and Susie Navetta, Planning Commission; LCAN; and approximately 30 citizens from the community. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES - Minutes of the August 11, 2005 City Council Meeting. 4. BILLS OF THE SESSION 5. RECEIPTS OF THE SESSION 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Committee Vacancies: Site Review, Conservation, Budget, and Planning Commission. B. Art Exhibition for September and October by Jan Danielson. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS - None. 8. UNFINISHED/OLD BUSINESS A. Reedal Fence Enforcement Action Gary Darnielle summarized the September 1, 2005 proceedings for the Reedal Enforcement hearing where the record was to remain open for additional comments. Darnielle said he did receive a letter from Richard Reedal, but there was nothing new that would need to be observed by the Council. ACTION: P. Howison made a motion that the portion of the fence within the 50-foot shoreland setback shall be removed. S. Meyer seconded the motion. There were 5 ayes, 1 nay (Robinson dissenting). Motion carried. B. Audit Contract Request for Proposal (RFP) Hickey reported the results from the RFP. The bid from Merina and Co., LLP, the current auditor for the City of Florence, came in at $4500. The bid from Scoville and Rieber was $7500. ACTION: J. Martin made a motion that the City enter into a contract for auditing services with Merina for a period of 3 years at $4500/year. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. C. Open Space Overlay Removal Request for Booth Island Darnielle clarified that a Conditional Use Permit is not needed for the platted areas on Booth Island. Petersdorf gave a bit of history on the island saying that Martin Peterson agreed when the island was divided that the east portion of the island would remain open space. Mayor Ward read the report prepared by Teri Tinker saying that it had been recommended/suggested that that portion of Booth Island be deemed a significant natural area, but it was never designated as such by the Oregon Natural Heritage Program. The consensus of the Council was in favor of removing the designation;
however, Councilor Howison expressed concern for the removal of nesting trees
for osprey when development occurs. Petersdorf said the Beckman's bought the
property knowing of the overlay. Darlene Beckman said the title report did not
have the restrictions listed. Ward said the designation may have not been
recorded. Howison said that it is common knowledge of the overlay on Booth
Island. 9. NEW BUSINESS A. Land Use Fees - Cost Analysis Discussion Darnielle said the $10,000 the City Council had authorized for LCOG to process the land use applications has been exceeded. Darnielle said it has been costing $6,000 per month, with some of the cost being defrayed by application fees, but there are going to be more requests including a request to expand the Urban Growth Boundary (See Exhibit A, Memo from G. Darnielle). Consensus of the Council was to use a deposit plus actual cost. Petersdorf suggested that the applicant be notified when the deposit is about to be used up. Ward said the deposit should not be so low as to necessitate a monthly billing to the applicant. Scott said that since Dunes City does not have a tax base, the City should recapture all costs associated with development. ACTION: B. Petersdorf made a motion to extend the Intergovernmental Agreement with LCOG to provide planning services through the end of October. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Building Inspection Service Contract Request for Proposal (RFP) - Draft proposal: Hickey explained the RFP and suggested that the Council interview Proposers before awarding a contract. Hickey found out, through her research, that currently the City of Florence is receiving $10 per electrical application from Lane County for Dunes City permits. Hickey said the City of Florence contracts their electrical inspections with The Building Department, and suggested that Dunes City do likewise in order to derive some monetary benefit as well as make it more convenient for the applicant. ACTION: S. Meyer made a motion to have The Building Department make application for electrical permit services for Dunes City. P. Howison seconded the motion. There were 5 ayes, 1 nay (Petersdorf dissenting). Motion carried. 8 PM, Council Meeting moved to the Public Hearing portion of the agenda. 11. PUBLIC HEARINGS Mayor Ward said he would step down as Mayor for the three public hearings. Ward said that for Sunset Cove, he is allowed to address the Council, because it is his own project. Ward said that for Woahink Ridge and The Woods on Woahink, he would not be addressing the Council; therefore Ward's business partner, John Balcomb of Ward Northwest, would address the Council. Ward said that per Oregon ethics laws, he may not address a body he serves in regards to an issue where his company has been hired. Council President Sheldon Meyer assumed the duties of Mayor. A. Sunset Cove - Planned Unit Development (PUD 02-05) and Zone Change (ZON 02-05), Tax Map 19-12-23-31, Lots # 3400 and 3500, and Tax Map 19-12-23-33, Lot 1500 - 16.706 acres. Meyer notified the audience of their legal rights. Meyer explained how testimony would be taken and the hearing procedure. Meyer asked if the Councilors had any actual or potential conflicts of interest. There were none. Meyer asked if any Councilor had ex parte contact. There was none. Meyer asked if there was any discovery of facts that are not included in the application or staff report. There were none. Meyer opened the public hearing at 8:10 PM. Hilary Dearborn reviewed the staff report and findings of fact, which recommended approval of the PUD with 15 conditions (see Exhibit B and C). Scott asked if the common areas could include areas that are not suitable for scenic value or recreation. Dearborn answered that a PUD can afford flexibility on a site by site basis with the scenic value being provided by screening the lots from the road or the road from the lots. Petersdorf commented that Dunes City has a process for naming streets, which is contained in the Master Road Plan. Dearborn said that Lane County reviews street names to avoid confusion with like names within a given area. Petersdorf asked about requiring a pumping station similar to one used by the fire station to be used for fire protection in the PUD. Dearborn said the City is only addressing the criteria in the code, which does not make such a requirement. Meyer asked if the applicant would like to address the Council. Rob Ward, 5441 Huckleberry Lane, Dunes City. Ward responded to the Council regarding questions that were asked. Ward clarified that LCOG reviews street names for emergency services. Ward said he could provide a pumping station at the PUD, but he does not want to provide something that is not required by the Fire District that might never be used. Ward pointed out a lot -line adjustment on a map he provided to the Council prior to the meeting, which allows for a 60-foot street frontage. Ward also said the map shows that a cul-de-sac was moved 50-feet away from the wetland. Ward said the PUD would leave a 40-foot buffer of natural vegetation along Clear Lake Road. Ward said that common area is at 39%, but the building setbacks would make up for more than the balance for the 40% requirement. Ward said the Homeowner's Association will pay for the electricity for the water meters in the development. Ward explained to Robinson about using the City's water right for Sunset Cove. Ward also explained the road system. Meyer asked if there were any proponents. Todd Ohran, 2248 17th Street, Florence OR 97439. Ohran said he was in favor of the project as a future homeowner in the PUD. Eric Tanikawa, Heaceta Parkway,Florence OR 97439. Tanikawa said he was in favor of the project as a future homeowner in Sunset Cove. Meyer asked for opponents. There were none. Meyer closed the Public Hearing at 8:50 PM. Deliberations: None. Petersdorf asked if the Council should approve the CCRs. Darnielle said the CCRs are part of the application and would be approved at the same time. ACTION: J. Martin made a motion to accept the Staff Report for Sunset Cove as submitted. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. ACTION: J. Martin made a motion to approve the requests by Ruby Sauter for (1) a zone change to add a PUD-suffix to Tax Lots 3400 and 3500, Assessor's Map 19-12-23-31 and Tax Lot 1500, Assessor's Map 19-12-23-33, and (2) the preliminary plat for the Sunset Cove PUD/Subdivision. The City Council has considered the evidence presented by those for the proposal, as well as against the proposal, and it has found by the weight of the evidence that the proposal should be approved with the 15 conditions of the City Council. This approval is based upon the Draft Findings of Fact and Conditions of approval for file numbers ZON 02-05 and PUD 02-05, dated September 8, 2005, that are adopted by reference in support of this decision. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Woahink Ridge Estates - Planned Unit Development (PUD 01-05) and Zone Change (ZON 01-05), Tax Map 19-12-11-40, Lot 1400, - 20.3 acres. Meyer notified the audience of their legal rights. Meyer explained how testimony would be taken and the hearing procedure. Meyer asked if the Councilors had any actual or potential conflicts of interest. There were none. Meyer asked if any Councilor had ex parte contact. Petersdorf said he had visited the site with Ward and the Road Commission. Meyer asked if there was any discovery of facts that are not included in the application or staff report. There were none. Meyer opened the public hearing at 9:00 PM. Hilary Dearborn reviewed the staff report and findings of fact, which recommended approval of the PUD with 14 conditions (see Exhibit D and E). Meyer asked for comments from the applicant. John Balcomb, 2082 E. 20th Street, Florence OR 97439. Balcomb showed on the revised map Tract A, explaining that no building would be allowed in that area to accommodate the extension of Green Gate Road in the future. The extension would also require a portion of land owned by Lane County. The revised map also shows additional lot frontage for lots 7 and 8. Balcomb said the development has an easement for water lines from Woahink Lake. Balcomb explained the common area is 38%, with the building setbacks making up the balance of the 40%. Martin asked about a 5-foot buffer strip on the west area, which is a change from the original map. Balcomb acknowledged that the buffer is part of the total common area. Howison asked how each individual owner will know that the portion of their lot that is common area cannot be built upon. Dearborn read from the findings of fact requiring that the boundaries be designated on the final plat map. Petersdorf asked if the adjacent property owners will be protected. There was no clear answer. Martin again commented on the 5-foot common area creating a buffer along the west side of the property, making reference to a letter the City had received from Mike Cocciolo. Scott asked if the wetland area is the lowest part of the property. Balcomb said that when the storm water plan is developed, one of the ideas is to funnel the runoff into the wetland area. Petersdorf asked if Balcomb had a back-up plan that if the water floods the wetland area, where the water would be diverted. Balcomb said the storm water plan would address that subject. Meyer asked if there were proponents. There were none. Meyer asked for opponents. Mike Cocciolo, 5456 Canary Rd, Dunes City. Cocciolo said that he did not get the required notice before the Planning Commission Meeting. Cocciolo said that the 5-foot buffer would do nothing to protect his property from the PUD. Cocciolo said he had started negotiation with the PUD owners and agent during the past three weeks and as of yesterday afternoon, thought there was an agreement for a fence and a 5-foot buffer strip running north and south along the common property line, plus concessions involving a 30-foot area. Cocciolo made remarks to a discussion of the Planning Commission prior to a motion. Cocciolo made reference to a decision by the City ten years prior, that would make Cocciolo provide for a 50-foot right-of-way for the extension of Green Gate. Cocciolo said he wants a 6-foot galvanized steel chain link fence with a tension wire along the top (no top rail) to run the western boundary that is contiguous to the Cocciolo property, so that pedestrian access around the fence is impassible. Construction should not destroy natural vegetation. Cocciolo presented a letter from Dennis Smith, requesting the same type of fence along Smith's common property line. Mike Farthing, Land Use Attorney for Cocciolo, 767 Willamette Street, Suite 203, Eugene OR. Farthing requested two weeks to present his comments in writing. Farthing said the application should have never been accepted, since the applicant did not adequately address the PUD criteria. Farthing listed some of the criteria that were not addressed: the CCRs do not address the Oregon Planned Community Act and who will maintain the streets after they are developed, there is no preliminary landscaping plan, no architectural sketches, no drainage plan, no solar access criteria…. Meyer asked if Farthing would be addressing the criteria failings in his letter. Farthing said yes. Farthing said there is also a gap between 156.195 and 156.197 that was not addressed by the Planning Commission. There was a decision that the record would be left open for two weeks for Cocciolo and one week after for the applicant to respond. The decision for the PUD would be made at the October 13th City Council Meeting. Richard Long, 5458 Canary Road, Dunes City. Long said it would cost a fortune for Cocciolo to fence his property from the development, so he is opposed to the PUD without the fence. Long is opposed to any development due to the traffic concerns on Canary Road. Long said he was also not notified as a property owner within 300 feet. Ken Carter, 87616 Parkside Drive, Florence, OR. Carter feels that his property will be land locked by the project. Carter supports having the PUD fenced. Petersdorf and Martin asked for clarification from Carter regarding the alignment of the easement to access property. Unable to hear Carter's response in person or on tape. John Baker, 8449 Green Gate Road, Dunes City. Baker is concerned that children will walk down the road to access the lake from his dock and feels it would be unsafe. Baker said he was in the area when Dunes City was formed to avoid becoming a part of a National Park. Baker said the Council needs to decide if Dunes City is going to be a rural area, or if it will be a massive developed City. Baker said the area is unique and since there is no lake access or view, it is a development out of place. Del Riesenhuber, 5394 Canary Road, Dunes City. Riesenhuber said that traffic on Canary Road is now unbearable and he is not in favor of high density development without any additional police traffic control. Jane Carroll, 5596 Canary Rd, Dunes City. Carroll requested a 6-foot chain link fence along her common property line with the PUD. Carroll said she has seven children and feels with the construction in the area, it will be very dangerous. Carroll cited 156.196 and she requests fence and screening, plus a 5-foot common strip along proposed Lot 13. Meyer asked if the applicant would like to address the opponents. Balcomb declined. Meyer closed the Public Hearing at 10:02 PM. Deliberations: Council will hold deliberations after the receipt of all information. Meyer said the record would be left open for any opponents that spoke that night. ACTION: J. Martin made a motion to continue the Public Hearing for Woahink Ridge on October 13, 2005 at the regular meeting of the Dunes City Council. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. Meeting recessed at 10:04 PM. Meeting resumed at 10:14 PM. C. The Woods on Woahink - Subdivision (SUB 01-05), Tax Map 19-12-23-31, Lot 299 and Tax Map 19-12-23-10, Lot 1500 - 15 acres. Meyer notified the audience of their legal rights. Meyer explained the hearing procedure. Meyer asked if the Councilors had any actual or potential conflicts of interest. There were none. Meyer asked if any Councilor had ex parte contact. Petersdorf said he had walked the property with the Road Commission and Rob Ward. Meyer asked if there was any discovery of facts that are not included in the application or staff report. There were none. Meyer opened the public hearing at 10:17 PM. Hilary Dearborn reviewed the staff report and findings of fact, which recommended approval of the PUD with 21 conditions (see Exhibit F and G). Meyer asked if the applicant would like to address the Council. John Balcomb, 2082 E. 20th Street, Florence OR 97439. Balcomb said there has been a lot line adjustment for Lot 4 to meet the 60 foot street frontage requirement. Petersdorf said that he is concerned with the garage on Lot 7 being a non-conforming structure without a residence. Meyer asked if there were proponents. Jim Grant, 84000 Cloud Nine Road, Dunes City. Grant said he was in favor of the subdivision. Ron Rase, 1555 Corum, Eugene OR. Rase said he was in favor of the subdivision. Meyer asked for opponents. There were none. Meyer closed the Public Hearing at 10:34 PM. There were no Council deliberations. ACTION: J. Scott made a motion to accept the Staff Report as presented. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. ACTION: J. Scott made a motion to approve the request by Don Rase for the preliminary plat for The Woods on Woahink Subdivision for Tax Lot 299, Assessor's Map 19-12-23-31. The City Council has considered the evidence presented by those for the proposal, as well as against the proposal, and it has found by the weight of the evidence that the proposal should be approved with the 21 conditions of the City Council. This approval is based upon the Draft Findings of Fact and Conditions of approval for file number SUB 01-05, dated September 8, 2005, that are adopted by reference in support of this decision. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. Upon the close of the last public hearing, the meeting reverted back to New Business where the regular meeting had stopped to commence the Public Hears at 8 PM. C. Temporary Office Closure Hickey requested the office closure to get caught up on outstanding work due to the training of the new Planning Secretary and the increased workload. ACTION: P. Howison made a motion to close the office on September 14th and 21st for training purposes. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. 9. REPORTS: CITY ATTORNEY - Gary Darnielle Darnielle said that Bedsole's engineer will meet with City Engineer, Mike McAllister, to go over the plans for Fish Mill Way. Darnielle is working on the methodology for the System Development Charges (SDC) that will be needed to get the Ordinance in place. Milo Mecham will fill in for Darnielle in October. ROAD COMMISSION/LCOG - Robert Petersdorf Petersdorf presented a report prepared by Linda Lauck that addresses the upgrading of non-standard City streets impacted by additional traffic due to new development. Petersdorf suggested that the Councilors come to the next Road Commission meeting for discussion. Ward suggested a Council Work Session be scheduled that would address SDC, the Master Road Plan change, and/or a Local Improvement District (LID). Darnielle said the Road Commission needs to identify future or existing road to create capacity that can be improved in the next 20 years, plus the dollar amount for the SDC Ordinance. PARKS & REC./CONSERVATION COMM. - Della Robinson Petersdorf reported that a tree in Byrd Park had been removed. SITE REVIEW COMMITTEE - Judy Martin Martin reported that correspondence had been sent to the Carroll's regarding a nuisance abatement. As required by the letter, a copy of the registrations for the vehicles was presented by Carroll the day of the Council Meeting. POLICE COMMISSIONER/SVFR/WATER - John Scott Scott reported that the Water Quality Committee heard from the Siuslaw Watershed Council about joining their group in order to acquire grants. Scott said Ward had provided an aerial photo to Darnielle for the acquisition of the weir on Woahink Lake. Scott reported that Water Quality Committee is reviewing a proposed Septic Ordinance. COMMUNITY CENTER - Peter Howison None. GRANTS/FRANCHISES/LICENSES - Sheldon Meyer None. MAYOR - Rob Ward Ward said the Beers are not interested in trading properties. Darnielle said that if a grant is something the City would like to consider, the paperwork should be started now. Darnielle said the City could get a grant to develop a Public Facility Plan needed for an acquisition grant. Darnielle will check with the grant person at LCOG. PLANNING -- Planning Report Teri Tinker read the planning report. See Exhibit H. 12. UNSCHEDULED ITEMS NOT LISTED ON AGENDA Hickey has received a request from League of Oregon Cities for a donation to Katrina hurricane relief. Ward encouraged individual citizens to contribute to the charity of their choice. 13. EXECUTIVE SESSION - None. 14. ADJOURNMENT: Ward adjourned the meeting at 10:51 PM. APPROVED BY:
|