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DUNES CITY COUNCIL MINUTES 1. EXECUTIVE SESSION - 5:30 PM: Pursuant to ORS 192.660(2)(e), Real Property Transaction 2. WORK SESSION - The amount of time needed for the Executive Session did not allow for a work session. 3. DUNES CITY COUNCIL, REGULAR MEETING - 6:15 PM, CALL TO ORDER AND ROLL CALL Acting Mayor Meyer called the meeting to order at 6:25 p.m. 4. PLEDGE OF ALLEGIANCE Acting Mayor Meyer led the Council and audience in the Pledge of Allegiance. ACTION: B. Petersdorf made a motion to appoint Sheldon Meyer as Mayor of Dunes City completing Former Mayor Ward's elected appointment. J. Scott seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. ACTION: B. Petersdorf made a motion direct staff to take applications for the City Councilor position vacated by Sheldon Meyer. A sub-quorum meeting will be scheduled by Martin, Scott, and Howison to interview the applicants. P. Howison seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. City Recorder Joanne Hickey administered the Oath of Office to Mayor Sheldon Meyer. Mayor Meyer said that a City Council President will be selected at the December City Council Meeting. 5. APPROVAL OF MINUTES - October 13, 2005 6. BILLS OF THE SESSION 7. RECEIPTS OF THE SESSION - For the period of October 14 to November 10, 2005: $42,931.42 8. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Committee Vacancies: Parks and Recreation, Site Review Committee, City
Council, and Budget Committee. 9. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Jim Johnson, Facilitator/Consultant for the Lane County Public Safety Task Force Johnson gave an overview of the task force meetings in which Mayor Rob Ward participated. Johnson explained the process of identifying public safety problems where priorities were established to focus on manufacture and use of illegal drugs, plus other future needs. Johnson said the task force was not looking at a sales tax, but leaning towards an income tax. The Council discussed the resolution provided by the task force. Petersdorf questioned the taxing choices. Johnson said one Community removed the taxing choice from the resolution. Councilor Martin asked about a resident deputy. Johnson said there would be one resident deputy from Mapleton towards the west. Petersdorf said that he is concerned about any program being set up by Lane County, later to be taken away. Johnson said the people can lower or take away the tax by ballot initiative. Martin asked if the issue would go before voters. Johnson said that it would be on the May election ballot. Johnson said they would use another County to administer the tax collection. ACTION: J. Martin made a motion to approve Resolution 10-10-05(B), a resolution expressing support for recommendations made by the Lane County Public Safety Task Force without specifying a funding source. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. B. Arlan Smith, 5455 Little Woahink Drive, Florence, OR 97439 Smith said he has talked to Councilors Petersdorf and Scott concerning the run-off from the in-progress extension of Little Woahink Drive. Smith passed around photos to Council (See Exhibit A). Smith stated that there is an erosion problem that needs to be corrected. Smith said that in his opinion the construction was started too late in the year, and although there were some measures taken to halt erosion, there was not enough. Petersdorf said the road varies from 50 to 400 feet from the lake. Petersdorf said upon review of the complaint, he saw erosion coming from the creek from Roseburg Lumber's property. Smith disagreed with Petersdorf saying that drainage from the road cut is cascading over the barriers and the Council should look at the pictures. 3. Norman Martin, 83750 Rio Road, Florence, OR 97439 N. Martin asked City Staff if they were aware of a Blue Book of how a meeting should be conducted. N. Martin said there is also a Red Book that the State puts out on meeting procedure. N. Martin asked if the City's book has been updated to coincide with State changes. N. Martin and Planning Commissioner George Burke will go through and update the City's Blue Book. 4. Mark Chandler, 4934 Lakeshore Drive, Florence, OR 97439 Chandler said he would like his comments to be addressed to any land use or riparian issues that the Council will be considering. Chandler said he has been monitoring Woahink Lake for three years under a program that Dunes City has been funding. Chandler said Siltcoos and Woahink Lakes are the heart and soul of Dunes City and it is incumbent of the City to protect the quality of the lakes. Chandler said there is an upward trend of phosphorus in the lake, which is the nutrient that turns a lake into a swamp. Chandler said the source of phosphorus in a lake is faulty septic systems, animal waste, fertilizer, detergents, and sediment from soil disturbance. Chandler said the nutrients cause aquatic vegetation which decomposes into additional nutrients, with phosphorus as a by-product. Chandler suggested that the City could control phosphorus by enacting the Septic System Maintenance Ordinance and land use enforcement. Councilor Martin said Chandler's documentation indicated that phosphorus levels had dropped. Chandler explained that in the report provided to the Council, a huge spike in phosphorus levels was measured in one year, but the overall increase from the 1970's indicates an upward trend. 5. Del Riesenhuber, 5394 Canary Road, Florence, OR 97439 Riesenhuber said his comments are generic in nature and should be considered for all Dunes City development. Riesenhuber read a section from the Dunes City Comprehensive Plan (See Exhibit C). Riesenhuber said that the developments that are now under consideration in Dunes City are totally contrary to the purpose of Dunes City. Riesenhuber has been told that the Dunes City Ordinances do not have any teeth to deal with the kind of development that is being brought before the City. Riesenhuber said that his family has owned property on Woahink Lake for 40 years, and in the course of that time, the water quality has gone from crystal clear to the point that he cannot see the bottom of the lake at his dock which is approximately 10 feet. Riesenhuber's said the cause is from sewage and fertilizer run-off, and the City needs to take action, or he will seek legal action. Riesenhuber said he has created a website displaying the Dunes City's Comprehensive Plan, existing Code and draft update of the Code at www.Bardel.com/DunesCity . Riesenhuber asked Darnielle why the City is incapable in dealing with the big developments. Darnielle responded by saying that the City, by law, has to process a land use application based on what the standards are at the time of the application. Darnielle said the City could address changes in the subdivision ordinance, the zoning ordinance or the septic ordinance, which is in its last stage now. Changes could include the type of vegetation from setbacks of lakes and streams. Darnielle said Dunes City has never seen a development surge like this past year. Dunes City has a modern set of ordinances as seen in most cities, but most cities do not take their water out of the lake. Darnielle said he is sure that if there is a lot of concern, the City would have a lot of volunteers who could participate in a City Council sponsored committee to address water quality. Those concerns could be integrated into the subdivision ordinance, zoning ordinance or an erosion control ordinance. Howison wanted to know that it is possible to make the changes on a case by case basis. Darnielle responded that you can, only if there is a standard in place; you cannot just make it up because it is a good thing to do. Riesenhuber interjected that something in the Comprehensive Plan could be used to make the change. Darnielle said you could if the Comprehensive Plan said "thou shalt", but it the statement is general in nature, it cannot be enforced. Darnielle clarified the processing time of an application for the audience. Howison read an e-mail from Darnielle to Lee Riechel: "…one, is to amend the code to identify the standards or conditions that require considerations… two, at the time of the review, the special consideration which is language in our ordinances must be interpreted so that there are standards that provide objective guidance…you are confined to the specific evidence of the case and don't have the option of doing broader, more legislative inquiry." Howison said that, as indicated by the e-mail, it is possible and if we are careful, we could do it. Darnielle said that if you have a provision in the Code that has some vagueness, the Council would have an opportunity to interpret the Code. Howison read from the Code 155.080 Design and Development Standards, General Provisions:"…The city may require appropriate higher design and development standards than the minimum required by this section upon a finding by the City Council that the division is located in an area possessing natural conditions which require special consideration or the division is intended for especially intensive development." and "…Requirements not otherwise contained in this section may be prescribed when needed…" Darnielle said that is an example of an area in the Code that may be interpreted, but if that were not there, you couldn't just make it up. Councilor Martin read the following statement: When this project was initiated many years ago, the Planning Commission was directed by the City Council to reconcile differences and contradictions between the subdivision chapter and the zoning chapter of the Code, rewrite standards that lacked quality and were open to interpretation, and reorganize the format to make it a user friendly document. The directive to the Planning Commission purposely did not include introducing major changes which might cause controversy and delay the adoption of the revised Code, which was badly needed. I have participated in this project for the last three years. It was a tremendous effort and the Planning Commission has done an excellent job. When we thought the Planning Commission's job was essentially complete, I volunteered to chair work sessions to a final edit of the document and oversee it through the adoption process. The Planning Commission has completed the task which was assigned to them. A small group of citizens disturbed by the number of development applications that had been filed, want to make additional changes to this revision to address water quality concerns. Their suggestions cover a broad spectrum of ideas including obtaining grant money to hire a hydrologist to do a study and make recommendations, giving Dunes City a tax base, increasing setbacks from wetlands and riparian areas, and restricting lawns. Many of these proposals will be controversial. It will take time for this group to organize, obtain funding, do the required research, consider the validity of the changes, agree on recommendations, and present them to the Planning Commission. The Planning Commission will then conduct a review and make a recommendation to the City Council. After the Council has reviewed it, DLCD will review it for compliance with State law and there will be public hearings before it can be adopted. This could take several years. Our present land use code is an abomination. It does not give developers a clear direction as to City requirements. Our planning staff, Planning Commission and City Council all find it difficult to work with. We need a new Code now. I recommend we submit our current revision to DLCD and I encourage those who are concerned with protecting water quality to form a committee to consider those issues. This should be a separate endeavor apart from the revision completed by the Planning Commission. If the present revision is not submitted to DLCD, I consider the task I volunteered for complete. ACTION: J. Martin made a motion that the Code revision be forwarded to DLCD for their review. J. Scott seconded the motion. Discussion- Howison said people at the last revision meeting were promised 30 - 60 days for input. Martin said those people shall not be denied an opportunity, only that they form a separate committee under the direction of the Council to address water quality. Howison said that the problem lies in the revision eliminating shoreline setbacks due to redefining the apparent shoreline, the attempt of the removal of the open space overlay on Booth Island, and the elimination from the draft the section in 155.080 that Howison read earlier in the meeting. Howison said that the draft not only is making changes that are necessary to streamline the Code, but also undermines our ability to protect our environment because of those changes. Martin discussed the e-mail from Darnielle to Riechel that Howison read earlier, saying that the discussion addressed the removal of the 155.080 provision, which Darnielle suggested making more specific requirements. Darnielle said that objective standards would always be best. Howison said he would like to mitigate the damage to the lakes by the developments by having simple requirements that would keep the drainage from entering the lakes. Darnielle advised that the submission to DLCD would not preclude an additional review if changes are made after the initial review. Darnielle said the City can have as many public hearings as the Council wants. The DLCD's clock starts for their review. Holly Martin said that the public has a right to know what the changes are and the public may see that the DLCD review is a way to railroad the revision of the Code towards completion without public participation. J. Martin said the CCI makes a recommendation to the Planning Commission, who in turn makes a recommendation to the City Council Mayor Meyer addressed the Council and the audience by saying that he recognized that there are concerns from the citizens about where we are, where we are going, and how we are going to get there. Meyer said he is humbled by the group of people who made a tremendous effort to go through the process of updating the Code, but in an effort for the Council to maintain or re-establish credibility of the citizens, the Council needs to take the time to listen to citizen input and as a democracy, decide with the majority. J. Martin said the citizen group would need more than the 30 - 60 days allowed to accomplish their objective, and the rewrite of the ordinance should not be held up by that objective. Petersdorf said he could go both ways, although there are things in the update that he does not agree to, but recognizes that he has a last chance to change those disagreements at the public hearing. Petersdorf does believe that the document should go back to the CCI committee. Meyer said it was time to begin the Public Hearing portion of the meeting, and the discussion would resume upon the completion of the hearings. Petersdorf was granted permission to read a letter of appreciation and farewell to former Mayor Ward who was in the audience. Meeting commenced with the Public Hearings portion of the agenda. Discussion commenced with the DLCD after Woahink Ridge, Sunset Ridge, and the Reports portion of the agenda was postponed until November 15th. Howison disagreed with sending the revised code to DLCD. Howison asked Darnielle if there is a problem with the previous CCI meetings not being publicly announced and the 45 day review not being on the agenda as an action item. Darnielle said it is not good practice, but he does not know if it offends the public meetings law. Petersdorf said that if the code revision goes back to the CCI after the DLCD 45 day review, he would not be opposed to sending for review now. J. Martin said that she does not oppose deferring the public hearing for the revision for 60 days, but she does not agree with postponing the DLCD review. Council Scott agreed. Karen Peck was present at the CCI meeting where there was a full house with people who were very concerned about the revision. Peck said they were told at the meeting that there would be 30 - 60 days for the public to become familiar with the revision. Peck said the vote to forward the document on occurred after many of the public had left. The vote was a tie, but it would not have been a tie if the vote had occurred with everyone present. Peck said that the revision needs to be right the first time and wait until the document is complete before using State resources. Peck said there is a failure of the representatives of the City to communicate with its citizens. Peck said the code revision is a 150 page document that is conceptionally problematic. Petersdorf said to not worry about what the old document said, but to read the revision and apply comments or changes to that document. John Stead said he had addressed the Council in previous months about transparency in government and he is concerned that members of the Council are not cognizant to the importance of citizen input as defined in the Comprehensive Plan and DLCD. Councilor Martin said that at the last CCI meeting, both of the sides were not represented. Martin acknowledged Stead and Peck's reason for concern, but there is another segment of Dunes City's citizens that do not want setbacks increased, or lawns restricted…there are two sides to an issue, and only once side was represented the night of the meeting. Richard Koehler asked Councilor Martin how her occupation would influence decisions, as well as developers, realtors, or planned sellers or buyers. Koehler said the group of people who were present at the meeting do not have a fiduciary benefit and have a global view of the next 20 years. Councilor Martin said that 20 people do not represent 1200. Martin said that the revision was completed two months ago and all Martin was charged to do was complete one last edit. Martin said they made no major changes in the document that the Planning Commission gave to them. Councilor Petersdorf said that the comments he heard were that they are interested in zero growth. Petersdorf said we all own land by subdivision and people who have large parcels of land should have a right to make money on those parcels. Petersdorf said he is concerned that people are not being rational and not willing to work toward a medium ground of controlled growth. Mayor Meyer said he doesn't hear that people don't want growth, but what people are asking for is an opportunity to look at the Code of Ordinance revision. Planning Commissioner Burke explained the Planning Commissions task that was to reformat the Code of Ordinances and that very few actual changes were made. After additional discussion and clarification, the original motion and second was withdrawn. ACTION: J. Martin made a motion to have a public hearing for the CCI on January 10, 2006, providing comments from the CCI to the Planning Commission at the January 19, 2006 meeting with the Planning Commission providing a recommendation to the City Council at the February City Council meeting. The review for DLCD will be sent 45 days prior to the January 10, 2006 CCI meeting. J. Scott seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. The Council assigned Councilor Howison to chair the CCI meeting in January. 10. UNFINISHED/OLD BUSINESS A. Information: Imposition of a tax without an election Petersdorf gave an overview of the item in the City Charter that concerning an imposition of a tax without an election. Petersdorf read a summary that states that a special election does not have any effect upon local improvement district formation or special assessments for other services. 11. NEW BUSINESS A. Resolution 11-10-05, a resolution transferring funds from the General Fund Operating Contingency to the Grants-Planning Assistance Fund. ACTION: P. Howison made a motion to adopt Resolution 11-10-05, a resolution transferring funds from the General Fund Operating Contingency to the Grants-Planning Assistance Fund. J. Scott seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. B. Resolution 11-10-05(A), a resolution adopting a fee for the review of Building Permit Applications. ACTION: J. Martin made a motion to adopt Resolution 11-10-05(A), a resolution adopting a fee for the review of Building Permit Applications. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. C. Application for Appointment - Conservation Committee: Carol Retzer ACTION: B. Petersdorf made a motion to appoint Carol Retzer to the Conservation Committee. J. Martin seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. D. League of Oregon Cities asking for a contribution for Qwest litigation - $170 (2% of gross revenue) Petersdorf said the litigation has been going on for quite some time. Petersdorf said that if Qwest were to prevail, the City would not receive telephone franchise fees. ACTION: J. Scott made a motion to contribute $170 to LOC for Qwest litigation. J. Martin seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. E. Contribution request from Linda Lauck for 2005 Holiday Tree Lighting and Celebration (previous contribution was $150) ACTION: J. Martin made a motion to contribute $150 towards the 2005 Holiday Tree Lighting and Celebration. P. Howison seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. F. Rural Tourism Marketing Plan (RTMP) review Hickey said the funds this year are $10,279. ACTION: J. Scott made a motion to approve the marketing plan for the RTMP funds. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried. G. Responses to proposal request for building inspection services. Please retain and review for the December City Council Meeting. 12. PUBLIC HEARINGS - will begin at 8:00 PM regardless of the progress of previous items on the agenda. A. The Pointe at Summerbell Subdivision (SUB-02-05); Seven lot residential subdivision on 10 acres, Assessor's Map 19-12-23-10, Tax Lot 209; Property Owner, Dennis Grant. Meyer notified the audience of their legal rights. Meyer explained how testimony would be taken and the hearing procedure. Meyer asked the Council if there were any conflicts of interest. There were none. Meyer asked the Council if there were any ex parte contact. Petersdorf said the Road Commission visited the site. Howison said he had visited the site. Meyer asked for discovery of facts. There were none. Meyer opened the Public Hearing at 8:18 PM. Gary Darnielle presented the Staff Report (see Exhibit D). Darnielle said the applicant had tried to clean-up as many conditions as possible. Meyer asked for applicant comments. Dennis Grant, 3343 NE Hagen Road, Newburg, OR. Grant said that he had the Lane County Sanitarian walk the subdivision that day and gave preliminary approval of a standard septic system; however, the report will not be received by Grant for a couple of weeks. Grant said there is no road on the property, but on the Woods on Woahink subdivision. Grant said the reason this is important is because there is less than 3% of slope variation from north to south. Grant said the road has been laid out to avoid the removal of evergreen trees. Howison asked that the map indicated in the application be provided to the Council; Darnielle said Hilary Dearborn (not present at the meeting) would be able to provide the Council with the map. Grant indicated the subdivision on the aerial photo on the wall of the Council room. Grant said the area was logged in 1946 and 1978; there are 10 - 12 inch in diameter trees. Grant said a modification requested from the Road Commission had been granted. Petersdorf gave the recommendations of the Road Commission (See Exhibit E). Howison said he would like to have a feeling for the topography. Grant said there is a topographic map and the site is flat except the western portion of lots six and seven. Grant said the engineer will provide a recommendation as addressed in the Findings of Fact. Scott observed that the houses will be kept close to Summerbell Drive. Grant said drainage will probably go into the ground, but there is a 55-foot easement for the street, with 22-feet paved and the engineer will deal with storm drainage. Grant said the soil is silt and sand in the bottom of the septic test holes. Meyer asked for proponents. There were none. Meyer asked for opponents. Bill Sathe, 83550 Clear Lake Road, Florence, OR 97439 Sathe is concerned with lots one and four that adjoins his aunt's property, Retta Mead. Sathe said there are shallow wells (16-feet) and he is concerned that septic drainage will impact those wells. Petersdorf said the Code states that a septic must be 100-feet from a well. Sathe said that the wells are only 50-feet from where the drainage is located. Renee McGuire, 82792 Cloud Nine Road, Florence, OR 97439 McGuire is concerned that the septic system will contaminate the wetland. McGuire said that Grant's property is 50-feet from the wetland. Martin asked how far the septic is from the wells. McGuire said it is quite a bit farther, but the drainage goes directly into the area of the wells and there should be a way to mitigate the concern. McGuire said the road is a long cul-de-sac and suggested a way to connect the Woods property to Summerbelle Drive. McGuire was concerned about having to remove trees if property owners applied for a Solar Access Permit. Howison explained that Solar Access refers to buildings, not trees. Petersdorf said a Solar Access assures that trees cannot be planted to block Solar Access, but they cannot make you remove trees. Holly Martin, 39100 SE Lusted Lane, Boring OR H. Martin said she is an attorney representing Dunes City residents Jerry and Naomi Wasserberg who wish to raise their opposition to the Pointe at Summerbelle Subdivision as well as Woahink Ridge Estates PUD and Sunset Ridge Subdivision. H. Martin said that in the interest of time, she would direct her comments to all three developments on the agenda. Mayor Meyer granted H. Martin's request. H. Martin said that the Wasserbergs have strong opposition to further development in Dunes City without some overall plan, which is the Comprehensive Plan. H. Martin said the specific legal challenge on these developments is that the applications to not include specific findings of fact by the Code, 155.048. H. Martin read from 155.048: "…must include affirmative findings that the tentative plan complies in all respects to applicable provisions of state law requirements and city plans and policies and ordinances." H. Martin commented that she did not find any of that in the findings of the Planning Commission and within the City Council findings, the only reference she could find addressing the Comprehensive Plan is a statement that the proposal complies with the Comprehensive Plan. H. Martin requested the record be held open for written comments for each development. H. Martin's objection is that the planning process in Dunes City has turned into a checklist procedure, but the City Council has a greater responsibility and should consider the Comprehensive Plan. H. Martin referenced Dunes City Code 152.01 that points to the Comprehensive Plan as a controlling document and should be looked at with every development that the City looks at. H. Martin pointed to the Code that charges the Council to consider the environmental concerns of the accumulative impact of development. H. Martin referenced Dunes City Code 156.060 and 156.061, which presents limits for land zoned R1. H. Martin counted 19 different places in the Comprehensive Plan that addresses preservation of water quality. H. Martin suggested that the City Council reject each application that does not meet the Comprehensive Plan or declare a moratorium on further development until the Council is satisfied that the developments follow the Comprehensive Plan or request from the developers the maximum time allowed withdrawing the application until the City Council can make their determination. H. Martin said the Council needs to know how much development can be allowed without damaging the lakes. Councilor Howison asked Darnielle about development moratoriums. Darnielle said there is a process in State law where the City has to show a demonstrated health hazard and is usually applied to cities that offer services such as water or sewer operating at capacity or is not in compliance with laws. Darnielle said the moratorium is reviewed every six months to show progress towards solving the problem. Darnielle said it would only affect new developments coming in, not developments already in the application stage. Darnielle gave an example of an in place moratorium. There was a discussion between the Council and the City Attorney concerning H. Martin's request to have the record remain open for comments. Councilor Martin asked Darnielle for clarification on how to apply the Comprehensive Plan to a subdivision application. Darnielle said that if the statements in the Comprehensive Plan are vague, the City Council does not have to apply the statement to a decision. ACTION: J. Martin made a motion to keep the record open for Comprehensive Plan issues for seven days and allow the applicant 14 additional days for the applicant to respond. P. Howison seconded the motion. There were 4 ayes, 0 nays, 1 excused, and 1 vacant. Motion carried. John Stead, 83505 South Cove Road, Florence, OR 97439 Stead objected to the three subdivisions. See Exhibit F. Councilor Martin asked Stead if he uses water from Woahink Lake and if he had a water right. Stead responded no, but he had applied for a water right permit and has not been told by the Water Resources Department that he will not be issued a permit. Stead said he applied years ago. Stead requested that the record be left open to provide a hard copy of his draft. Councilor Howison suggested that he provide staff with the copy of the draft, and copies would be made for the Council. Stead agreed. Meyer asked for rebuttal from the applicant. Dennis Grant: Grant said that Lane County and DEQ has been contacted in respect to the drainage system and Grant talked to the Sanitarian that day. The Sanitarian told Grant that his property is nowhere near a swale and Lots four and one are on an opposite slope from the area that concerns the Meads, even though the Sanitarian said the effluent doesn't follow the contour of the ground. A written report will be provided to Grant in a couple of weeks. Grant addressed H. Martin's concerns. Grant said does not agree that all three developments should be lumped together, since they are not the same. Grant said he found it odd that a motion has been made before he was able to rebut information that is being presented. Grant said the process he is using involves a checklist that helps provide information with a decision that is more subjective instead of the "shalls" and "musts", which Grant did not understand, and felt that there was some double talk going on. Grant said with concerns to a moratorium, talk should include numbers in the area where all building is occurring, which is much bigger than what is being stated in the Pointe at Summerbelle subdivision. Grant said concerns of the availability of water as it relates to the permit process has been addressed by Grant by obtaining water right permits with Dunes City that provides adequate quality and quantity of water to the subdivision as stated by Dunes City staff. Grant expressed his lack of understanding as to why the subdivision could not be approved that night. Councilor Martin explained the permitting process for citizens to use the Dunes City water right in Woahink Lake. Meyer closed the Public Hearing at 9:54 PM. Deliberation of the Council will be held at the next regular City Council Meeting. Council recessed until 10 PM. Due to plumbing problems in City Hall, the meeting was postponed until November 15, 2005 at 7 pm. ACTION: J. Martin made a motion to continue the Public Hearings for Woahink Ridge PUD and Sunset Ridge Subdivision on November 15, 2005 at 7 PM due to plumbing problems. P. Howison seconded the motion. There were 4 ayes, 0 nays, 1 excused, and 1 vacant. Motion carried. Meyer said the report portion of the agenda will be continued on November 15th, but there were a couple of business items that needed to be addressed that night. 11. Reports Time did not allow for the Reports. 13. Unscheduled Items Not Listed on Agenda - None. 14. Executive Session Decision ACTION: J. Martin made a motion for authorization by the City Council to have the City Attorney make an offer of $1000 for the option to buy the Beers Property located at 7000 Spruce Street in Westlake, OR, leaving the option open until after the August City Council Meeting, and paying no more than the appraised price. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, and 1 vacant. Motion carried. ACTION: J. Martin made a motion to have an appraisal of the Beers property that will be acceptable for a federal grant. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, and 1 vacant. Motion carried. ACTION: J. Martin made a motion to authorize staff to look into selling the Lane County property at the end of Foothill Drive. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, and 1 vacant. Motion carried. 15. Adjournment APPROVED BY:
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