CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE

 

Acting Mayor Meyer called the meeting to order at 7:00 p.m.

PRESENT: Mayor S. Meyer; Councilors, J. Hogervorst, J. Scott, P. Howison, J. Martin, D. Robinson, and R. Petersdorf.

ALSO PRESENT: G. Darnielle, City Attorney; T. Tinker, Planning Secretary;

C. Lewis, Recording Secretary; LCAN; Denise Ruttan, Siuslaw News; and approximately 41 citizens from the community.

Mayor Meyer led the Council and audience in the Pledge of Allegiance.

 

2. CONSENT AGENDA

All items listed here are considered to be routine by the Dunes City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.)

A. Approval of Minutes: March 2, 2006 and March 9, 2006

B. Bills of the Session: March 10, 2006 through April 13, 2006 totaling $ 9,264.51.

C. Resolution No. 04-13-06, a resolution certifying Dunes City provides four municipal services enumerated in Section 1, ORS 221.760.

D. Resolution No. 04-13-06 (A), a resolution authorizing an increase in the appropriation for materials and services in the Planning Assistance Fund.

E. Resolution No.04-13-06 (B), a resolution authorizing expenditure of anticipated specific purpose grant funds received in current fiscal year from Oregon Department of Land Conservation and Development.

 

 

The Council requested correction of the minutes as follows: March 2, 2006: Page 5, change 22 acres to 42 acres; March 9, 2006: Page 13, change 100 feet to 1000 feet.

 

ACTION: P. Howison made a motion to approve the Consent Agenda, with corrections to the minutes as stated above. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

3. RECEIPTS OF THE SESSION

The receipts for the period of March 10, 2006 to April 13, 2006 totaled $27,686.15

4. ANNOUNCEMENTS AND INFORMATIONAL ITEMS

 

A. Art Exhibition: Warren Davidson’s Watercolors until the end of April.

B. Volunteer Fire Fighters and CERT Trainees needed for Dunes City.

C. Budget Meeting, April 27 at 7:00 p.m.

D. April Water Quality Meeting will be moved to Tuesday, April 25 at 7 p.m.

E. Dunes City Spring Clean-up Day, May 13. Additional details to be announced in the newspaper and on the radio.

F. Committee Heads: Quarterly volunteer hours due.

G. Public Hearing for the proposed development moratorium will be on April 24^th at 7 p.m.

5. GUEST SPEAKERS

A. Gerald Hamilton and John Murphey, "Good Cents for Kids," a tax levy to fund Siuslaw schools. Murphey explained the measure that would add 85 cents per $1000 of accessed value onto property taxes. Hamilton spoke about the need for a tax levy, since the cash reserves have been exhausted. Hamilton said they have a $629,000 deficit and $100,000 they expect to get from the State Legislature will not be enough. Hamilton added that if better funding occurs, the school district will only take 15% of the approved levy.

6. Citizen Input on Unscheduled Items

Maximum time 20 minutes: Speakers will be limited to three minutes. If the number wishing to testify exceeds seven speakers, each speaker’s time may be reduced to fit within 20 minutes.

A. Ralph Farnsworth, 83837 Highway 101, Dunes City. See Exhibit A.

B. Norman Martin, Rio Road, Dunes City. See Exhibit B.

Martin asked what process will be used for the fact selection going to DLCD from the information that will be gathered at the 4-24-06 meeting. Meyer said the Council is going to set up a worksession prior to the meeting to determine those types of issues with legal advice. Darnielle said the City Council will have the draft of the findings of fact. Martin asked if those facts would be available for rebuttal. Darnielle said the Council will agree or disagree with the findings of fact. Darnielle said the findings will be available one week before the meeting on the 24^th.

C. Gene Cockeram, 5306 Boy Scout Road, Florence, OR 97439. Cockeram spoke in regards to an issue of neighbors that have a dispute with the Boy Scouts of America (BSA) and Dunes City concerning the removal of unsightly brush. Cockeram, a member of the Florence and Dunes City Parks and Recreation, and does maintenance at Gallagher Rhododendron Park in Florence, said the property owners are doing a beautiful job clearing out the salal and salmonberry and the adjacent neighbors think it is okay. Darnielle explained that in the late 1980’s, the subdivision was approved with a natural reserved vegetation strip requirement listed on the final plat. The conflict of the intent from BSA comes from the verbiage "natural park-like landscape." The intent was to create a visibility screen to block the view of the structures. Darnielle said there has been clearing and erosion is occurring, so letters were sent to the two owners. Darnielle said the City can work with the owners towards higher vegetation. The BSA did not do a good job of clarifying their intent; however, Dunes City has some leverage with the subdivision approval (section 51 of the DC Code). Howison suggested using straw bales for erosion soon. Darnielle agreed.

D. Cynthia Chandler, 4934 Lakeshore Drive, Florence OR 97439. See Exhibit D.

E. Mark Chandler, 4934 Lakeshore Drive, Florence OR 97439. Chandler said the example of the erosion problem discussed earlier in the meeting is an example of the inadequacy of the ordinance. Chandler said there is an algae bloom occurring on Woahink Lake at this time (9.5 degrees centigrade with a 13-foot secchi reading down from 16-feet ten days before). The May temperature of the lake will rise to 18 degrees and then during the summer it will rise to 23 to 24 degrees. Chandler said chlorophyll levels of 2.6 mg/liter exceed the EPA acceptable level of 2.3 for coastal lakes. That EPA level is 0.7 during the winter months. Councilor Martin reported that she lives in the same area of the lake and she has not experienced any reduced quality of their water.

F. John Stead, South Cove Way, Florence OR 97439. See Exhibit E.

H. Gerald Wasserburg, 84606 Eastlake Drive, Florence OR 97439. See Exhibit F.

Wasserburg said that N. Martin’s comments that there were no qualified people submitting data is not true; there are qualified people in Dunes City, such as himself.

 

 

7. UNFINISHED/OLD BUSINESS

 

Mayor Meyer handed out the results of the Mayor’s evaluation to the audience and went over some of the results.

A. Reorganization of the Dunes City Planning Commission, Lee Riechel

Riechel went over the modified section of the code for the Road Commission and Planning Commission showing the reorganization of the Planning Commission. Riechel pointed out that for the Road Commission, the change would be that the Planning representative member would attend in a non-voting capacity, so a voting Road Commissioner would be added to complete the five-voting member required. On the Planning Commission, a non-voting City Councilor would be added. Riechel asked that staff or Darnielle be asked to put the changes in Ordinance form. Scott and Meyer were in favor of the proposed changes. Howison mentioned that the Council might be tapped out for a volunteer. Meyer said the Road Commission will report to the City Council after they have reviewed the change.

B. Pointe at Summerbell, Final Plat Approval

Tinker went over the Action/Responses to check for completion of the conditions of approval. The Planning Commission recommends approval of the final plat.

ACTION: P. Howison made a motion to approve the final plat for the Pointe at Summerbell Subdivision. D. Robinson seconded the motion. There were 5 ayes, 0 nays, 1 abstained (Hogervorst was not present at the public hearings for the subdivision). Motion carried.

 

C. Ordinance 182, an ordinance replacing Chapter 155 and 156 of the Dunes City Code. First Reading.

ACTION: Peter Howison made the following motion:

Whereas, the Planning Commission recommended to the City Council on 2/16/06 to continue the CCI process to put in ordinance form and work on the 28 items brought up by that process; and

The proposed revised draft dated 11/9/05 does not address the CCI recommendations in violation of Policy A1 of the Comp. Plan; and

Whereas, the draft further ignores the Comp Plan by:

1) Redefining the shoreland in conflict with Policy K1

2) Eliminates solar access provisions in conflict with page 52 of the Comp Plan and under energy conservation

3) Weakens engineering requirements for grades and curves in conclict with Policy C6 of the Comp Plan.

Further, the draft ordinance weakens water quality safeguards by:

1) Eliminating required maps setting forth tree stands and reducing required topographic contour details currently required in the tentative plan application requirements

2) By providing for no surface water management plan

3) Weakening wetland setback requirements; and

4) Allowing for steeper road grades.

Also, it eliminates City Council approval of subdivision final plats by making it a Type 1 procedure and it has not been reviewed by our legal staff.

And, finally, based on the increasing number of complexities and questionable areas of the draft ordinance; and in view of the fact that there are no pressing matters forcing approval of this document before it is fully received in an adequate and comprehensive manner, I move to table the first reading of Ordinance 182 until the Council acts on the proposed temporary moratorium; and that should the temporary moratorium pass, the CCI review process be included in grant review considerations and applications. If the moratorium fails, the City is to provide sufficient funding and staffing expertise and other assistance required by the CCI process in order to proceed in the public hearings leading to a sound revised land use code. A similar motion was made at the last CCI meeting on 2-13-06 and passed 21 – 0.

D. Robinson seconded the motion.

Discussion:

Scott said the CCI presented a page of one-liners that could not be addressed. Scott said the revised code is a valid document that may have some things that need to be corrected. Martin said it has been six-months that the adoption of the code revision has been postponed. Martin pointed-out that it is the current minor partitions that do not have its own criteria (using the subdivision criteria now) that need the adoption of the document now. Martin said the present rewrite makes the design standards applicable to all partitions and subdivisions. Robinson referred to Cynthia Chandler’s comments and said there were more changes and too many questions; "if we are going to do it, let’s do it right." Petersdorf said that prior to the revision process, the City Council voted to not recognize the model code document due to Dunes City’s uniqueness. Darnielle said he is waiting for direction from the City Council before drafting up the findings of fact. The revised code needs to be forwarded to the State for review. Darnielle said that he does not know if the Code is going to go through until after the first reading.

Hogervorst said the process is broken and is not moving forward. The water quality concern for protection of streams and lakes is not in the current revision; therefore, outside help is needed. Hogervorst said he is working on getting money from grants to get the right people to help. Martin said she was under the impression that the BMPs were going to address the water quality issues; BMPs would be separate, voluntary and it would later be incorporated into the ordinance by reference. Martin said there are other documents that address water quality (erosion control and conservation that are not in the code) that exist. Martin said the building inspector will be making routine inspections with the cost going to the developer. Howison said the document is in complete conflict with the Comprehensive Plan and the time needs to be taken to put those items in there. Petersdorf said 80% of the document is great, so why throw the whole thing out. Hogervorst said the water quality protection needed to be included in the ordinance to protect the stream and lakes.

Darnielle said that by the next meeting, he could review the document, but he would not be able to address the deficiencies to water quality; findings could be drafted in support of the Ordinance.

Howison said the revised code has watered down some rules. Hogervorst said in talking to Denise Kalakay of LCOG, the ordinance is already outdated; LCOG has recently completed a revised ordinance for Veneta. Darnielle said he could find parts in the revision that have questionable legality in being consistent with the Comp Plan, Section 92 of the ORS, etc. that would set out procedures. Meyer said he was not in favor of passing something that is not a good document. Meyer asked that Hogervorst find out about grant money by the next meeting.

Martin clarified that the Ordinance can be reintroduced at any time – contingent on whether the moratorium passes or not. Meyer asked for a roll call vote.

Ayes: Hogervorst, Howison, Robinson. Nays: Scott, Martin, Petersdorf. Meyer (tie breaker): Ayes. 4 ayes, 3 nays. Motion carried.

D. Resolution 04-13-06 (C), a resolution amending Resolution 01-15-05 to modify the composition and term of office of the Dunes City Water Quality Control Committee.

Item was tabled for the May City Council Meeting.

 

8. NEW BUSINESS

(New matters, in absences of a compelling reason, may be set over to a subsequent meeting.)

A. The Building Department, request for fee change, Charlcie Kaylor

Kaylor outlined a fee change proposal and said that a public hearing would be needed 45 days before the fee increase. See Exhibit G.

ACTION: B. Petersdorf made a motion to begin the process for the fee change. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

B. Grant Proposal – Johan Hogervorst

See Exhibit C.

ACTION: P. Howison made a motion that the letter be sent to various potential funding sources. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.

Petersdorf made a remark that franchise fees are earmarked for specific purposes and should be taken out of the grant letter. Hogervorst agreed to modify the letter.

C. Award Bid for Replacement Septic System

There were two bids for the replacement of the Septic System.

Ray Wells……….$15,500

Leisure Excava…$16,500

Just Buckets….. Bid came in too late to be considered.

ACTION: P. Howison made a motion that the bid from Ray Wells at $15,500 be accepted. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried.

 

9. PUBLIC HEARINGS – began at 9:05 pm.

 

A. Sunset Ridge – Subdivision (SUB-03-05); Tax Map 19-12-24-00,

Lots 212 and 432, 6 lot subdivision on approximately 10 acres.

Continuation from the March City Council Meeting.

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 was any ex parte contact. Petersdorf, Howison, Scott, and Hogervorst had visited the site, but could render an impartial decision.

Meyer opened the public hearing at 9:12 p.m. and asked for the presentation of the staff report.

Tinker presented the staff report and the April 8^th findings of fact. See Exhibit H.

Applicant Testimony: Michael Farthing and Shane Hughes

Farthing said the changes requested at the last public hearing were outlined in the staff report. The revised tentative plan reflected that one lot had been removed along Maple Drive, the tax lot located outside of the UGB was removed, and all lots have 50 feet of frontage. The drainage plan shows straw bales to control erosion, driveway locations, and culvert locations. The southern culvert could not be found on the downstream side; however, water was flowing through as though there was a culvert. Hughes said the current condition poses a threat to health and safety and his client has expressed a willingness to repair the situation. Farthing pointed out that signage is a condition and that they ran out of time to look at tree buffers. An audience member pointed out the angled driveways on Erhart Road. Hughes said that the driveways are pre-existing, but the Council could direct the applicant to improve the intersections. Farthing passed out a map that showed slopes that the Council could use as a tool.

Meyer asked if there were any proponents. There were none.

 

Meyer asked if there were any opponents:

John Stead, 83505 South Cove Way, Florence OR 97439. Stead said that the finding of facts was not available within the seven-day window and the decision should be postponed so that the public could review things properly. Stead said his other concern was that the proposed street is narrower than the 22-foot width as required by the Dunes City Code. Stead also said that view angle and slopes of the streets are inappropriate.

Dave Bellmore, 83508 Salal, Florence OR 97439. Bellmore said in regards to the dangerous intersection sign; that he would like to see clarification as to where the sign is to be placed.

Meyer asked if the applicant would like to present a final argument. Applicant declined.

Meyer closed the public hearing at 10:00 p.m.

Deliberations:

There was a discussion regarding the angle of the driveways entering Erhart Road. It was suggested that a condition be required to make the driveways as much of a right angle for as possible within the topographical considerations.

Hogervorst said there were no relief culverts on Lots 4 and 5; there were ways to cross-drain to get the water off the road (straw bale check dam and rip rap) which would require maintenance to assure continued performance. Hogervorst was concerned about the 300-foot extension off Maple Drive where all drainage (25% slope) runs into a culvert, which would funnel all sediment into the drainage. Hogervorst said there is no good solution for this and the question would be: "Do you want this type of development in Dunes City?" Hogervorst’s other concerns were that the house pads (full cut bench) do not maintain natural character as mentioned in the Comprehensive Plan and using well logs only give about a 80% chance of acquiring water. Petersdorf said the City could have the City Engineer suggest culverts under the driveways.

Howison brought up the concern about the lack of time to review the findings of fact and staff report. Darnielle said the statue requires that staff reports shall be available for public viewing one-week prior to the public hearing. Darnielle did not think it applied to findings of fact, but the question is if the Council feels comfortable that they have had enough time to make a decision.

Councilor Robinson left at 10:20 p.m.

Hughes said that they could do cross culverts, but Hogervorst was correct; if not maintained, they are only a temporary fix. Hughes said it is his recommendation to slope roads, but the Council felt that it would not be effective. Hogervorst said that they are dealing with a tough set of driveways. Farthing suggested deed restriction to enforce any maintenance concerns for a property owner. Howison suggested eliminating another lot because of the drainage pattern.

ACTION: B. Petersdorf made a motion to accept the staff report as presented. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent (Robinson). Motion carried.

ACTION: J. Martin made a motion to approve the request by Mark Harrison for a Subdivision on Tax Lot 432, Assessors Map 19-12-24-00, and the preliminary plat for Sunset Ridge 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 five conditions in the findings of fact plus two additional conditions: 1) make the driveway approaches off Erhart Road as much of a right angle as possible within the topographical considerations and 2) cross drainage culverts to be installed on the street and driveways. B. Petersdorf seconded the motion. The second condition was amended to require cross drain culverts or some other method to disperse water from ditches on all driveways. A third condition was added: 3) repair the drainage under Erhart Road (near Lot 4). There were 5 ayes, 0 nays, 1 absent (Robinson). Motion carried.

 

B. Laurel Crossing – Minor Partition (MP-01-06); Tax Map 19-12-23-10,

Lot 907, 8.7 acres.

Meyer asked if any member of the Council had any potential conflicts of interest. Scott said that he knows the parties, has walked the property, but has no interest in the transaction. Petersdorf said he walked the property with the Road Commission.

Meyer opened the public hearing at 10:45 p.m.

Tinker presented the staff report and findings of fact (see Exhibit I).

 

 

ACTION: B. Petersdorf made a motion to extend the meeting past 11:00 p.m. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried.

 

Applicant:

Andy Johnson and Jack Butler 5696 Mercer Creek Drive, Florence OR 97439

Johnson questioned item number one concerning the non-remonstrance agreement. Johnson said at the previous partition request last year, the Council decided that a non-remonstrance agreement would not be needed for lots not fronting Cloud Nine Road. There was some discussion, with Councilor Martin clarifying that the non-remonstrance would apply to all parcels. Darnielle said that in the example Johnson gave from the previous meeting regarding how Eugene does their non-remonstrance agreements. Eugene has other accesses, but on Cloud Nine Road everyone will use that street. The partition lots will have the same usage as the two lots that front Cloud Nine. Howison asked if the Council would be bound by last year’s decision. Darnielle said this is a new partition request and would not be bound by any other decisions.

Meyer asked if there were any proponents. There were none.

Meyer asked if there were any opponents. There were none.

Meyer closed the public hearing at 11:15 p.m.

Hogervorst questioned Condition #3 concerning septic site certification. It was agreed to remove the condition, since the site will have to be approved by Lane County Sanitation before obtaining a building permit

ACTION: J. Scott made a motion to accept the Staff Report as presented for MP-01-06. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried.

ACTION: J. Scott made a motion to approve the request by Andy Johnson and Jack Butler for a minor partition request on Tax Lot 900, Assessor’s Map 19-12-23-10. 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 seven conditions of the City Council. This approval is based on the draft findings of fact and conditions of approval as modified for file MP-01-06 dated April 13, 2006, and is adopted by reference in support of this decision. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried.

 

C. CDS Properties – Minor Partition (MP-02-06); Tax Map 19-12-23-10, Lot 806, 11.8 acres.

Meyer opened the public hearing at 11:18 p.m.

Meyer asked if any member of the Council had any potential conflicts of interest. Scott said that he knows the parties, has walked the property, but has no interest in the transaction.

Tinker presented the Staff Report and Findings of Fact (see Exhibit J).

Condition #2 was removed.

Applicants:

David Davis, 83000 Jensen Lane, Florence OR 97439.

Dan Scarberry, 5075 Ford Way, Florence OR 97439.

Rick Cox, 4505 Canary Road, Westlake, OR 97439.

Davis said they were developing on property with large lots where slopes are on gentle ground.

Meyer asked for proponents. There were none.

Meyer asked for opponents. There were none.

Meyer closed the public hearing at 11:25 p.m.

 

ACTION: J. Scott made a motion to accept the Staff Report as presented for MP-02-06. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried.

 

ACTION: J. Scott made a motion to approve the request by Rick Cox, Dan Scarberry and Dave Davis for a minor partition request on Tax Lot 806, Assessor’s Map 19-12-23-10. 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 four conditions of the City Council. This approval is based on the draft findings of fact and conditions of approval as modified for file MP-02-06 dated April 13, 2006 and is adopted by reference in support of this decision. J. Martin seconded the motion.

Discussion: Petersdorf bought up the subject of street lights. Howison said too much light does not keeping with Dunes City’s natural environment. There was no addition of a street light.

There were 5 ayes, 0 nays, 1 absent. Motion carried.

 

D. CDS Properties – Minor Partition (MP-03-06); Tax Map 19-12-23-10, Lot 903, 5.14 acres.

Meyer asked if any member of the council have any potential conflicts of interest. Scott said that he knows the parties, has walked the property, but has no interest in the transaction.

Meyer opened the public hearing at 11:31 p.m.

Tinker presented the Staff Report and Findings of Fact (see Exhibit K).

Applicants did not have any comments.

Meyer asked for proponents. There were none.

Meyer asked for opponents. There were none.

Meyer closed the public hearing at 11:35 p.m.

Petersdorf said the adjacent property owner, Dr. Brauer, said there was a 75-foot buffer on the property line.

Rick Cox, 4505 Canary Road, Westlake, OR 97439. Cox said that Dr. Brauer has been notified from the very beginning concerning the development of the property, is in approval of developing the parcel with large building lots, and yet has never mentioned a buffer.

 

ACTION: J. Scott made a motion to accept the Staff Report as presented for MP-03-06. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried.

ACTION: J. Scott made a motion to approve the request by Rick Cox, Dan Scarberry and Dave Davis for a minor partition request on Tax Lot 903, Assessor’s Map 19-12-23-10. 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 two conditions of the City Council. This approval is based on the draft findings of fact and conditions of approval as modified for file MP-03-06 dated April 13, 2006, and is adopted by reference in support of this decision. J. Martin seconded the motion. There were

5 ayes, 0 nays, 1 absent. Motion carried

 

Meyer returned the agenda to New Business.

10. Reports

 

A. Report by City Attorney - G. Darnielle

Darnielle recommended an executive session begin at 6:30 p.m. prior to the April 24^th Public Hearing.

Martin asked about Justice Court. Darnielle said he talked with Judge Cable. Cable’s staff was not in support of handling Dunes City’s infractions. Cable will hold court at City Hall and Dunes City will staff the court.

B. Road Commission – Road Report - R. Petersdorf

 

Petersdorf said there are some cedars on Peninsula Road that will need removal at a cost of $300.

C. Parks & Recreation/Conservation Committee - D. Robinson

D. Site Review Committee - J. Martin

E. Police Comm./Fire Dept/Water – WQCC Report - J. Scott

 

F. Community Center - P. Howison

 

G. Grants/Franchises/Licenses - Vacant

 

H. Mayor’s Report - S. Meyer

 

I. Planning Report - T. Tinker

 

11. Unscheduled Items Not Listed on Agenda – None.

 

12. Executive Session - None

 

13. Adjournment

 

Meyer adjourned the meeting at 11:50 p.m.

 

 

____________________________ _______________________________

Sheldon Meyer, Mayor Christina Lewis, Recording Secretary

____________________________ _______________________________

Johan Hogervorst, Councilor Judy Martin, Councilor

____________________________ _______________________________

Robert Petersdorf, Councilor John Scott, Councilor

____________________________ _______________________________

Peter Howison, Councilor Della Robinson, Councilor