Executive session adjourned at 6:55 p.m.
2. Public Hearing
Possible adoption of Ordinance 181, an ordinance imposing a
moratorium on land development, and findings of fact per ORS 197.505 –
197.540 with deliberation and possible action by the City Council.
Mayor Meyer opened the public hearing at 7:06 p.m. There were approximately
37 members of the audience and Denise Ruttan from the Siuslaw News in
attendance.
Meyer asked for public testimony.
Wilbur Ternyik, 921 Rhododendron Drive, Florence OR 97439.
Ternyik prefaced his testimony by saying he lived on Woahink for 14 years
starting in 1949. Please see Exhibit 1.
Karen Peck, 5400 Huckleberry Lane, Florence OR 97439. Please see
Exhibit 2 and 2a.
Greg Barnes, 05425 Canary Road, Florence OR 97439. Please see
Exhibit 3.
Ralph Farnsworth, 83837 Highway 101, Florence OR 97439. Please see
Exhibit 4.
Rand Dawson, 82820 Siltcoos Station Road, Westlake OR 97493. Please
see Exhibit 5.
Note: Dawson gave the documentation directly to Darnielle after the
meeting. I did not receive a copy, but I will get the document from Darnielle
early next week to insert into this space. I will forward a copy to the
Council when I receive it. --Christy
Dawson prefaced his comments by saying he was no longer an attorney.
Councilor Scott asked Dawson that since Siltcoos is a large watershed, how
the entire watershed could be included. Dawson responded that Scott’s
question was a good one, but because of a phone call from an opponent of the
moratorium to Michael Mader (City of Lakeside), who is a source of such
information, that due to legal concerns from Mader, "the door is shut to
them until the City could mend the damage from that phone call."
Gerry Wasserburg, 84606 Eastlake Drive, Florence OR 97439. Please
see Exhibit 6.
Susie Navetta, 5372 Leavitt Loop, Florence OR 97439. Please see
Exhibit 7.
John Stead, 83505 South Cove Way, Florence OR 97439. Please see
Exhibit 8.
Mark Chandler, 4134 Lakeshore Drive, Florence OR 97439. Please see
Exhibit 9.
William Gates, 06565 Canary Road, Westlake OR 97493. Please see
Exhibit 10.
Christine May, 5445 Little Woahink Drive, Florence, OR 97439. May
said she was in support of the moratorium and read a portion of a letter
authored by Debbie Todd . Please see Exhibit 11.
Cynthia Chandler, 4934 Lakeshore Drive, Florence OR 97439. Chandler
read from a document. See Exhibit 12.
Norman Martin, 83750 Rio Drive, Florence OR 97439. N. Martin asked
the Council how the DLCD was given the Findings of Fact. Darnielle said it was
the same document that was read to the Council a couple of months ago. N.
Martin wanted to know how the document came to be in DLCD’s hands, since the
Council did not provide an action for Darnielle to go forward with it.
Darnielle responded that DLCD had to be notified 21-days prior to the public
hearing; the ordinance could be amended that night, but the public was giving
official comment on the findings of fact that is in support of the moratorium.
Councilor Hogervorst added that it was the support of the ordinance that was
the purpose of the public hearing.
N. Martin provided a book review that appeared in the Wall Street Journal
pointing out how scientists can disagree. N. Martin said the photos of the
algae bloom that was provided in previous testimony as well as the watersheds
were irrelevant since the occurrence was outside Dunes City’s Urban Growth
Boundary. N. Martin said Lane County and the DEQ should be contacted. N.
Martin said that in regards to Cynthia Chandler’s testimony, the items that
she addressed do not require a moratorium.
Please see Exhibit 13.
Steve Burton, 83952 Woodland Lane, Florence OR 97439. Burton
identified himself as an attorney, but he was not testifying in a
representative capacity. Burton offered a plan in lieu of a moratorium and
also offered his assistance. Burton emotionally pointed to the unlawfulness of
a moratorium action that does not protect individual property rights. Burton
said that his stepfather, Herb Sauter, was one of the founding fathers of
Dunes City and conducted City business out of his spare bedroom before there
was a City Hall. Dunes City was formed by its citizens as a solution to the
challenges of their times. Burton said that his mother Ruby is disgusted by
the behavior of certain distinguished members of Dunes City. Burton said if
his stepfather were still here, Herb would roll up his sleeves and find a
viable solution to this ridiculous situation. In memory of his stepfather,
Burton has developed a plan for the City that could be of aid at this time.
Burton outlined thea plan. See Exhibit 14.
Councilor Howison responded to a question from Burton regarding
Cryptosporidium and the possibility of contraction of the disease exclusively
from Woahink Lake. Howison’s response was that there was a likelihood that
cryptosporidium was contracted from consuming water from Woahink Lake.
Bill Kloos, Attorney for Dave Davis, 83000 Jensen Lane, Florence OR 97439.
Kloos said LUBA will judge the moratorium using the statute and standard which
requires the City to show a compelling need. Kloos said the findings of fact
were competent. Kloos read the letter from DLCD and suggested that it was the
DLCD who was at fault for allowing a one acre density in an area of sandy soil
whose water sources is a lake. The letter from the DLCD states that the
standards to approve a moratorium are very stringent, and if the City passes
the moratorium, someone could appeal that passage. Kloos suggested softening
the moratorium by way of a creative mechanism such as writing in exceptions,
i.e. performance standards to reduce the likelihood of an appeal to LUBA.
Holly Martin, 39100 SE Lusted Road, Boring OR.
H. Martin defended her contraction of cryptosporidium from Woahink Lake as
presented in a letter. Exhibit 15.
H. Martin identified Steve Burton as a member of a developer’s family,
and that he and his mother currently have a subdivision in front of the
Council. H. Martin asked that the Council do the right thing. Martin said the
Findings of Fact does not have to have the scientific data; that data is
included into the record. H. Martin said the moratorium would give the City
the time to get the experts on board to guide the volunteers towards
developing the higher standards for the quality of the lakes. The moratorium
would also show the grant agencies that Dunes City is serious about preserving
the state of the lakes, thereby, getting the grant money to flow in.
H. Martin said Bill Kloos represents the developer’s interest. H. Martin
said Dunes City’s Comprehensive Plan was complimented as a model plan.
REBUTTALS:
Mark Chandler
Chandler commented on the photo exhibits as presented by Susie Navetta.
Chandler said this was the first algae bloom that he was aware of.
Rand Dawson
Dawson offered Dave Perry’s (DLCD) comments giving alternatives to a
moratorium. Perry’s first alternative was to increase the lot size beyond
the one-acre minimum to 1 ˝ acres, which Perry identified as non-viable due
to Measure 37 claims. The second alternative was that Dunes City
disincorporate to take advantage of Lane County’s larger acreage requirement
for development. Dawson said that Perry was serious in his comments.
Ralph Farnsworth
Farnsworth said the City is charged by the Comprehensive Plan to protect
the lakes and as evidenced by the petition, the majority of voters in Dunes
City are in favor of the moratorium. Farnsworth made some comments on the
septic ordinance that were undistinguishable. Farnsworth acknowledged and
recapped the efforts of Wasserburg, Navetta and Stead. Lane County has a
coastal lakes ordinance in which none of the Dunes City lakes are included in
the ordinance.
Norman Martin
N. Martin said that the people he talked to did not know what they were
signing when signing the petition in favor of a moratorium.
Greg Barnes
Barnes said 98% of the people knew what they were signing when signing the
petition.
Cynthia Chandler
Chandler commented that there was not timely enforcement of Best Management
Practices.
Mayor Meyer closed the Public Hearing at 10:10 p.m.
Council Deliberations:
Howison said the moratorium was needed for the time being. Scott urged the
Council to consider the action carefully. Hogervorst said nothing has happened
for years and a moratorium puts the City’s "feet to the fire" and
that will produce results. Meyer suggested entering the eight objectives from
Cynthia Chandler’s testimony and enact those objectives within 120-days, the
same as if a moratorium were in place. Robinson said there was not enough
staff time, unless the moratorium was enacted, then all efforts could be put
into water quality and it would energize the City. Howison proposed using the
City’s contingency fund to support any legal actions caused by the
moratorium. Meyer suggested using the exemptions for developments such as
stricter septic systems and Best Management Practices (BMP). Howison
considered allowing for those exemptions to avoid a LUBA appeal. Darnielle
explained what Kloos had alluded to in his testimony; to create development
with certain standards. Scott said that developers have already offered to use
better septic systems, so he did not see that including those exemptions would
be a big effort for developers.
ACTION: P. Howison made a motion to consider at the next City
Council meeting Ordinance 181, with the addition of a development
exemption if, by written agreement, a DEQ approved alternative septic
system is installed and BMPs to be generated by the City are followed. D.
Robinson seconded the motion.
Discussion: Councilor Martin got a consensus agreement from the
Council that there would be no time extensions for the moratorium. H. Martin
commented that the City needs to make sure that the City Council has time to
deal with the moratorium when directing Darnielle to work everything out and
to give the Planning Commission actual decision making power. Darnielle said
that by the next City Council Meeting he would have some options and could
present a draft of the exemptions by Friday. Darnielle said he would hone down
the BMPs from the City of Troutdale’s Stormwater and Erosion Control
Ordinance. Darnielle said that testimony at the May public hearing would be
limited to the exemptions of the moratorium.
Vote: There were 6 ayes, 0 nays. Motion carried.
3. Adjournment
Meeting adjourned at approximately 10:45 p.m.